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2023 Planning Board & Board of Adjustment RFQ Documents
BID #: N/A
ISSUED: 11/3/2022
DUE: 12/8/2022
VALUE: TBD
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Executive Summary
The Town of Morristown's Board of Adjustment and Planning Board are seeking Qualification Statements from qualified firms or individuals to provide various professional services. These services include legal counsel (Attorney), engineering expertise (Engineer), planning support (Planner), and tree care/assessment (Arborist). The RFQs are designed to identify and qualify candidates with the professional, financial, and administrative capabilities to fulfill the respective roles. Interested parties must submit their Qualification Statements to James A. Campbell, Land Use Administrator, by the specified deadline. Qualification Statements will not be accepted by facsimile transmission or e-mail. This is to establish a pool of qualified firms for the Boards to draw upon as needed.
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Home Government > Bid, RFP, RFQ, Auction & Legal Notices > 2023 Planning Board & Board of Adjustment RFQ Documents 2023 Planning Board & Board of Adjustment RFQ Documents 2023 RFQ for Board of Adjustment Arborist.pdf 2023 RFQ for Board of Adjustment Engineer.pdf 2023 RFQ for Board of Adjustment Planner.pdf 2023 RFQ for Board of Adjustment Attorney.pdf 2023 RFQ for Planning Board Arborist.pdf 2023 RFQ for Planning Board Attorney.pdf 2023 RFQ for Planning Board Engineer.pdf 2023 RFQ for Planning Board Planner.pdf LEGAL NOTICE as posted in the Morris County Daily Record on November 3, 2022.pdf Government Mayor's Office Town Council Agendas & Minutes Bid, RFP, RFQ, Auction & Legal Notices Boards & Commissions Budget & Financial Information Elections Ordinances, Town Code, Land Use & Ordinances Pending Codification Revaluation Permits, Licenses & Forms
Document Text
--- Document: 2023 RFQ for Board of Adjustment Arborist.pdf ---
NOTE: The Town of Morristown Board of Adjustment will consider proposals only from firms or
organizations that have demonstrated the capability and willingness to provide high quality services in
the manner described in this Request for Qualifications.
REQUEST FOR QUALIFICATIONS
FOR THE PROVISION OF ARBORIST SERVICES – BOARD OF ADJUSTMENT
ISSUE DATE: November 3, 2022
DUE DATE: December 8, 2022
Issued by:
Town of Morristown
Board of Adjustment
2
GLOSSARY
The following definitions shall apply to and are used in this Request for Qualifications:
"Board" - refers to the Morristown Board of Adjustment
"Town" - refers to the Town of Morristown.
"Principals" means persons possessing an ownership interest in the Respondent. If the Respondent is a corporation,
"Principals" shall include each investor who would have any amount of operational control over the Respondent and
every stockholder having an ownership interest of ten percent (10%) or more in the firm.
"Qualification Statement" - refers to the complete responses to this RFQ submitted by the Respondents.
"Qualified Respondent" - refers to those Respondents who have satisfied the qualification criteria set forth in this RFQ.
"Respondent" or "Respondents" - refers to the interested firm(s) that submit a Qualification Statement.
“Review Team” – Members of the Board and its legal and/or financial advisors who shall review the Qualification
Statements.
"RFQ" - refers to this Request for Qualifications, including any amendments thereof or supplements thereto..
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SECTION 1
INTRODUCTION AND GENERAL INFORMATION
1.1.
Introduction and Purpose.
The Board is soliciting Qualification Statements from interested persons and/or firms for ARBORIST
SERVICES, as more particularly described herein. Through a Request for Qualification process described
herein, persons and/or firms interested in assisting the Board with the provision of such services must
prepare and submit a Qualification Statement in accordance with the procedures and schedules in this RFQ.
The Board will review Qualification Statements only from those firms that submit a Qualification Statement
which includes all the information required to be included as described herein (in the sole judgment of the
Board). The Board intends to qualify person(s) and/or firm(s) that: (a) possesses the professional, financial
and administrative capabilities to provide the proposed services, and (b) will agree to work under the
compensation terms and conditions determined by the Board to provide the greatest benefit to the taxpayers
of Morristown.
1.2.
Procurement Process and Schedule.
The selection of Qualified Respondents is not subject to the bidding 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-20.4 et seq. and the Morristown Pay to Play Ordinance 2-87. The Board has
structured a procurement process that seeks to obtain the desired results described above, while establishing
a competitive process to assure that each person and/or firm is provided with an equal opportunity to submit
a Qualification Statement in response to the RFQ. Qualification Statements will be evaluated in accordance
with the criteria set forth in Section 5 of this RFQ, which will be applied in the same manner to each
Qualification Statement received. Respondents agree to at all times abide by all requirements of New Jersey
law, including, but not limited to the aforementioned “Pay to Play” laws, as well as any and all relevant
Executive Orders and the New Jersey Election Law Enforcement Commission disclosure requirements.
Qualification Statements will be reviewed and evaluated by the Board, the Town and their legal and/or
financial advisors (collectively, the "Review Team"). The Qualification Statements will be reviewed to
determine if the Respondent has met the minimum professional, administrative and financial criteria
described in this RFQ. Under no circumstances will a member of the Review Team review responses to an
RFQ for a position which they or their firm submitted a response. Based upon the totality of the information
contained in the Qualification Statement, including information about the reputation and experience of each
Respondent, the Board will (in its sole judgment) determine which Respondents are qualified from
professional, administrative and financial standpoints. Each Respondent that meets the requirements of the
RFQ (in the sole judgment of the Board) will be designated as a Qualified Respondent and will be given
the opportunity to participate in the selection process determined by the Board.
The RFQ process commences with the issuance of this RFQ. The steps involved in the process and the
anticipated completion dates are set forth in Table 1, Procurement Schedule. The Board reserves the right
to, among other things, amend, modify or alter the Procurement Schedule upon notice to all potential
Respondents.
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All communications concerning this RFQ or the RFQ process shall be directed to the Board’s Designated
Contact Person, in writing.
Designated Contact Person:
James A. Campbell
Land Use Administrator
200 South St. CN914
2nd Floor, Office of Planning & Zoning
Morristown, NJ 07963-0914
Qualification Statements must be submitted to, and be received by, the Board, by hand delivery or regular
mail, by 4:00 p.m. prevailing time on December 8, 2022. Qualification Statements will not be accepted
by facsimile transmission or e-mail.
Subsequent to issuance of this RFQ, the Board (through the issuance of addenda to all firms that have
received a copy of the RFQ) may modify, supplement or amend the provisions of this RFQ in order to
respond to inquiries received from prospective Respondents or as otherwise deemed necessary or
appropriate by, and in the sole judgment of, the Town.
TABLE 1
ANTICIPATED PROCUREMENT SCHEDULE
ACTIVITY
DATE
1. Issuance of Request for Qualifications
November 3, 2022
2. Receipt of Qualification Statements
December 8, 2022
3. Completion of Evaluation of Qualification Statements by the Review Team
December 15, 2021
4. Town Review of Review Team Recommendations
December 28, 2022
5. Approval of Professional Services Resolution at Zoning Board of Adjustment
Reorganization Meeting
January 4, 2023
Section 1.3.
Conditions Applicable to RFQ.
Upon submission of a Qualification Statement in response to this RFQ, the Respondent acknowledges and
consents to the following conditions relative to the submission and review and consideration of its
Qualification Statement:
•
This document is an RFQ and does not constitute an RFP.
•
This RFQ does not commit the Town to issue an RFP.
•
All costs incurred by the Respondent in connection with responding to this RFQ shall be borne
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solely by the Respondent.
•
The Board reserves the right, in its sole judgment, to reject for any reason, any and all responses
and components thereof and to eliminate any and all Respondents responding to this RFQ from
further consideration for this procurement.
•
The Board reserves the right, in its sole judgment, to reject any Respondent that submits
incomplete responses to this RFQ, or a Qualification Statement that is not responsive to the
requirements of this RFQ.
•
The Board reserves the right, without prior notice, to supplement, amend, or otherwise modify
this RFQ, or otherwise request additional information.
•
All Qualification Statements shall become the property of the Board and will not be returned.
•
All Qualification Statements will be made available to the public at the appropriate time, as
determined by the Board, in the exercise of its sole discretion, in accordance with applicable
law.
•
The Board may request Respondents to send representatives to the Board for interviews.
•
Any and all Qualification Statements not received by the Board by 4:00 p.m. prevailing time
on December 8, 2022 will be rejected.
•
Neither the Board, its consultants or advisors, nor their respective staffs, including, but not
limited to, the Review Team, shall be liable for any claims or damages resulting from the
solicitation or preparation of the Qualification Statement, nor will there be any reimbursement
to Respondents for the cost of preparing and submitting a Qualification Statement or for
participating in this procurement process.
Section 1.4.
Rights of Board.
The Board reserves, holds and may exercise, at its sole discretion, the following rights and options with
regard to this RFQ and the procurement process in accordance with the provisions of applicable law:
•
To determine that any Qualification Statement received complies or fails to comply with the
terms of this RFQ.
•
To supplement, amend or otherwise modify the RFQ through issuance of addenda to all
prospective Respondents who have received a copy of this RFQ.
•
To waive any technical non-conformance with the terms of this RFQ.
•
To change or alter the schedule for any events called for in this RFQ upon the issuance of notice
to all prospective Respondents who have received a copy of this RFQ.
•
To conduct investigations of any or all of the Respondents, as the Board deems necessary or
convenient, to clarify the information provided as part of the Qualification Statement and to
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request additional information to support the information included in any Qualification
Statement.
•
To suspend or terminate the procurement process described in this RFQ at any time in the
Board’s sole discretion. If terminated, the Board may determine to commence a new
procurement process or exercise any other rights provided under applicable law without any
obligation to the Respondents.
The Board shall be under no obligation to complete all or any portion of the procurement process described
in this RFQ.
1.5
Addenda or Amendments to RFQ.
During the period provided for the preparation of responses to the RFQ, the Board may issue addenda,
amendments or answers to written inquiries. Those addenda will be noticed by the Town and will constitute
a part of the RFQ. All responses to the RFQ shall be prepared with full consideration of the addenda issued
prior to the proposal submission date.
1.6
Cost of Proposal Preparation.
Each proposal and all information required to be submitted pursuant to the RFQ shall be prepared at the
sole cost and expense of the respondent. There shall be no claims whatsoever against the Board, its staff,
its consultants or such consultants’ staff, for reimbursement for the payment of costs or expenses incurred
in the preparation of the Qualification Statement or other information required by the RFQ.
1.7
Proposal Format.
Responses should cover all information requested in the questions to be answered in this RFQ. Responses
which in the judgment of the Board fail to meet the requirements of the RFQ or which are in any way
conditional, incomplete, obscure, contain additions or deletions from requested information, or contain
errors may be rejected.
SECTION 2
SCOPE OF SERVICES
It is the intent of the Board to solicit Qualification Statements from Respondents that have expertise in the
provision of ARBORIST SERVICES. Firms and/or persons responding to this RFQ shall be able to
demonstrate that they will have the continuing capabilities to perform these services.
SECTION 3
SUBMISSION REQUIREMENTS
Section 3.1
General Requirements.
The Qualification Statement submitted by the Respondent must meet or exceed the professional,
administrative and financial qualifications set forth in this Section 3 and shall incorporate the information
7
requested below.
In addition to the information required as described below, a Respondent may submit supplemental
information that it believes may be useful in evaluating its Qualification Statement. Respondents are
encouraged to be clear, factual, and concise in their presentation of information.
Section 3.2
Administrative Information Requirements.
The Respondent shall, as part of its Qualification Statement, provide the following information:
1.
An executive summary (not to exceed two (2) pages) of the information contained in all
the other parts of the Qualification Statement.
2.
An executed Letter of Qualification (See Appendix A to this RFQ).
3.
Name, address and telephone number of the firm or firms submitting the Qualification
Statement pursuant to this RFQ, and the name of the key contact person.
4.
A description of the business organization (i.e., corporation, partnership, joint venture, etc.)
of each firm, its ownership and its organizational structure.
(a)
Provide the names and business addresses of all Principals of the firm or firms submitting
the Qualification Statement. For purposes of this RFQ, "Principals" means persons
possessing an ownership interest in the Respondent. If the Respondent is a corporation,
"Principals" shall include each investor who would have any amount of operational control
over the Respondent and every stockholder having an ownership interest of ten percent
(10%) or more in the firm.
(b)
If a firm is a partially owned or a fully-owned subsidiary of another firm, identify the parent
company and describe the nature and extent of the parents' approval rights over the
activities of the firm submitting a Qualification Statement. Describe the approval process.
(c)
If the Respondent is a partnership or a joint venture or similar organization, provide
comparable information as required in (b) above for each member of the partnership, joint
venture or similar organization.
(d)
A statement that the Respondent has complied with all applicable affirmative action (or
similar) requirements with respect to its business activities, together with evidence of such
compliance
5.
An executed Letter of Intent (See Appendix B).
6.
An executed Payment Conditions and Rate Schedules Form (See Appendix C).
7.
An executed Americans with Disabilities Act of 1990 Acknowledgement Form (See
Appendix D).
8.
A completed Business Entity Disclosure Form, Political Contribution Disclosure Form &
8
a Stockholder Disclosure Certification (Appendices E, F & G).
9.
The number of years the business organization has been in business under its present name.
10.
The number of years the business organization has been under its current management.
11.
Any judgments, claims or suits within the last three (3) years in which Respondent has
been adjudicated liable for professional malpractice. If yes, please explain.
12.
Whether the business organization is now or has been involved in any bankruptcy or re-
organization proceedings in the last ten (10) years. If yes, please explain.
13.
Confirm appropriate federal and state licenses to perform activities. Submit a copy of the
Firm’s Business Registration Certificate.
Section 3.3
Professional Information Requirements.
1. Respondent shall submit a description of its overall experience in providing the type of
services sought in the RFQ. At a minimum, the following information on past experience
should be included as appropriate to the RFQ:
a.
Description and scope of work by Respondent;
b.
Name, address and contact information of references; and
c.
Explanation of perceived relevance of the experience to the RFQ.
2.
Describe the services that Respondent would perform directly.
3. Describe those portions of the Respondent’s services, if any, that are sub-contracted out.
Identify all subcontractors the Respondent anticipates using in connection with this project.
4.
Does the Respondent normally employ union or non-union employees?
5.
Resumes of key employees.
6.
A narrative statement of the Respondent’s understanding of the Town’s needs and goals.
7. List all immediate relatives of Principal(s) of Respondent who are Town or Board employees
or elected officials of the Town or Board. For purposes of the above, “immediate relative”
means a spouse, parent, stepparent, brother, sister, child, stepchild, direct-line aunt or
uncle, grandparent, grandchild, and in- laws by reason of relation.
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SECTION 4
INSTRUCTIONS TO RESPONDENTS
4.1
Submission of Qualification Statements.
Respondents must submit an original and one (1) copy of their Qualification Statement to the Designated
Contact Person:
James A. Campbell
Land Use Administrator
200 South St. CN914
2nd Floor, Office of Planning & Zoning
Morristown, NJ 07963-0914
Qualification Statements must be received by the Board no later than 4:00 p.m. (prevailing time) on
December 8, 2022 and must be mailed or hand-delivered. Qualification Statements forwarded by facsimile
or e-mail will not be accepted.
To be responsive, Qualification Statements must provide all requested information, and must be in strict
conformance with the instructions set forth herein. Qualification Statements and all related information
must be bound, and signed and acknowledged by the Respondent.
SECTION 5
EVALUATION
The Board’s objective in soliciting Qualification Statements is to enable it to select a firm or organization
that will provide high quality and cost effective services to the citizens of Morristown. The Board will
consider Qualification Statements only from firms or organizations that, in the Board’s judgment, have
demonstrated the capability and willingness to provide high quality services to the citizens of the Town in
the manner described in this RFQ.
Proposals will be evaluated by the Board and the Town on the basis of the most advantageous, all relevant
factors considered. The evaluation will consider:
1.
Experience and reputation in the field;
2.
Knowledge of the Board and the subject matter addressed under the contract;
3.
Availability to accommodate the required meetings of the Board; and
4.
Other factors demonstrated to be in the best interest of the Board.
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APPENDIX A
LETTER OF QUALIFICATION
(Note: To be typed on Respondent's Letterhead. No modifications may be made to this letter)
[INSERT DATE]
James A. Campbell
Land Use Administrator
200 South St. CN914
2nd Floor, Office of Planning & Zoning
Morristown, NJ 07963-0914
Dear Mr. Campbell:
The undersigned has reviewed its Qualification Statement submitted in response to the Request for
Qualifications (RFQ) issued by the Town of Morristown, dated December 8, 2022, in connection with the
Board’s need for ARBORIST SERVICES
We affirm that the contents of our Qualification Statement (which Qualification Statement is incorporated
herein by reference), are accurate, factual and complete to the best of our knowledge and belief and that the
Qualification Statement is submitted in good faith upon the express understanding that any false statement
may result in the disqualification of (Name of Respondent).
(Respondent shall sign and complete the spaces provided below. If a joint venture, appropriate officers of
each company shall sign.)
_________________________________
(Signature of Chief Executive Officer)
_________________________________
(Typed Name and Title)
_________________________________
(Type Name of Firm)
Dated:
_________________________________
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APPENDIX B
LETTER OF INTENT
(Note: To be typed on Respondent's Letterhead. No modifications may be made to this letter)
[INSERT DATE]
James A. Campbell
Land Use Administrator
200 South St. CN914
2nd Floor, Office of Planning & Zoning
Morristown, NJ 07963-0914
Dear Mr. Campbell:
The undersigned, as Respondent, has (have) submitted the attached Qualification Statement in response to a
Request for Qualifications (RFQ), issued by the Town of Morristown Board of Adjustment (“Board”), dated
December 8, 2022 in connection with the Board’s need for ARBORIST SERVICES.
(Name of Respondent) HEREBY STATES:
1.
The Qualification Statement contains accurate, factual and complete information.
2. (Name of Respondent) agrees (agrees) to participate in good faith in the procurement process as described
in the RFQ and to adhere to the Town's procurement schedule.
3. (Name of Respondent) acknowledges (acknowledge) that all costs incurred by it (them) in connection with
the preparation and submission of the Qualification Statement and any proposal prepared and submitted
in response to the RFQ, or any negotiation which results there from shall be borne exclusively by the
Respondent.
4. (Name of Respondent) hereby declares (declare) that the only persons participating in this Qualification
Statement as Principals are named herein and that no person other than those herein mentioned has any
participation in this Qualification Statement or in any contract to be entered into with respect thereto.
Additional persons may subsequently be included as participating Principals, but only if acceptable to the
Board. (Name of Respondent) declares that this Qualification Statement is made without connection with
any other person, firm or parties who has submitted a Qualification Statement, except as expressly set
forth below and that it has been prepared and has been submitted in good faith and without collusion or
fraud.
5. (Name of Respondent) acknowledges and agrees that the Town may modify, amend, suspend and/or
terminate the procurement process (in its sole judgment). In any case, the Board shall not have any
liability to the Respondent for any costs incurred by the Respondent with respect to the procurement
activities described in this RFQ.
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6. (Name of Respondent) acknowledges that any contract executed with respect to the provision of
ARBORIST SERVICES must comply with all applicable affirmative action and similar laws.
Respondent hereby agrees to take such actions as are required in order to comply with such applicable
laws.
(Respondent shall sign and complete the space provided below. If a joint venture, appropriate officers of each
company shall sign.)
_________________________________
(Signature of Chief Executive Officer)
_________________________________
(Typed Name and Title)
_________________________________
(Type Name of Firm)
Dated:
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APPENDIX C
PAYMENT CONDITIONS AND RATE SCHEDULES
1. The Town of Morristown wishes to approve the qualifications of a planning firm or firms to provide
Arborist Services to the Board for 2022. Upon appointment to the position of Arborist, no work or compensation
is guaranteed, however. Instead, the Town will approve proposals for projects (including compensation terms) on
an as needed basis. This will be done by a Resolution of the Board of Adjustment. By submitting a response to
this RFQ, the Respondent acknowledges that it will not propose or charge hourly rates that exceed those listed
below:
Arborist ............................................................................................................................... $150.00 Per Hour
2. The Professional shall be reimbursed at cost for expenses incurred for duplication, filing fees and other
reasonable and approved out-of-pocket expenses advanced and/or incurred by them. The Professional shall be
reimbursed for direct charges including disbursements that are actual expenses incurred by the Professional and
or/their associated Firm in connection with such engineering services and approved by the Board, and shall
include, but not be limited to:
a. Telegrams, faxes and long distance (Out-of-State) telephone calls;
b. Payment of filing, application fees, review fees and similar charges;
c. Computer expenses including time and proprietary program charges;
d. Outside printing, reproduction, binding, collating and other graphic services;
e. Messenger service, postage and handling of drawing and specifications, reports, contracts and
other bulky items.
3. Monthly invoices shall be submitted detailing all services performed.
Signature: The undersigned hereby acknowledges and accepts the established payment terms.
Name of Respondent/Firm:
Print name and title:
Signature:
Date:
ATTEST:
______________________________
Witness
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APPENDIX D
AMERICANS WITH DISABILITIES ACT OF 1990
ACKNOWLEDGEMENT FORM
This form is an agreement of the successful Vendor’s obligation to comply with the requirements of 42 U.S.C.
§121.01 et seq., referred to as the Americans Disability Act of 1990.
The undersigned Vendor hereby acknowledges receipt of the Americans with Disabilities Act of 1990 found at
Appendix B of this packet.
The undersigned Vendor hereby certifies that he/she is aware of the commitment to comply with the requirements
of 42 U.S.C. §121.01 et seq. and agrees to furnish any required forms as evidence of compliance.
The undersigned Vendor further certifies that he/she understands that his/her proposal shall be rejected as non-
responsive and any contract entered into shall be void and of no effect if said Vendor fails to comply with the
requirements of 42 U.S.C. §121.01 et seq.
COMPANY: ___________________________ TITLE: ______________________________
PRINT NAME: __________________________SIGNATURE:_______________________________
DATE:______________________
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APPENDIX E
BUSINESS ENTITY DISCLOSURE CERTIFICATION
PURSUANT TO CHAPTER 2, SECTION 2-87, PUBLIC CONTRACTING REFORM
ORDINANCE, OF THE CODE OF TOWN OF MORRISTOWN, NEW JERSEY
T OWN OF MORRISTOWN
Part I – Vendor Affirmation
The undersigned, being authorized and knowledgeable of the circumstances, does hereby certify that
has not made and will not make any contributions pursuant to Chapter 2, Section 2-87, Public
Contracting Reform Ordinance, of the Code of the Town of Morristown, that would bar the award of this contract in the one
year period preceding
(date of award scheduled for approval of the contract by the governing body) to any of the following named
candidate committee, joint candidates committee; or political party committee representing the elected officials of the Town
of Morristown as defined pursuant to N.J.S.A. 19:44A-3(p), (q) and (r).
Mayor Timothy Dougherty
Councilperson Michael Elms
Councilperson Toshiba Foster
Councilperson Tawanna Cotten
Councilperson Stefan Armington
Councilperson David Silva
Councilperson Robert Iannaccone
Councilperson Sandi Mayer
Morristown Democratic Organization
Morristown Republican Organization
Morris County Party Committee
Any other Committee referred to in the Ordinance
Part II – Ownership Disclosure Certification
I certify that the list below contains the names and home addresses of all owners holding 10% or more of the issued
and outstanding stock of the undersigned.
Check the box that represents the type of business entity:
Partnership
Corporation
Sole Proprietorship
Subchapter S Corporation
Limited Partnership Limited Liability Corporation
Limited Liability Partnership
Name of Stock or Shareholder
Home Address
Part 3 – Signature and Attestation:
The undersigned is fully aware that if I have misrepresented in whole or part this affirmation and certification, I
and/or the business entity, will be liable for any penalty permitted under law. Name of
Business Entity:
Signed:
Print Name:
Title:
Date:
Subscribed and sworn before me this
day of
, 2 .
My Commission expires:
(Affiant)
(Print name & title of affiant) (Corporate Seal)
16
BUSINESS ENTITY DISCLOSURE CERTIFICATION
FOR NON-FAIR AND OPEN CONTRACTS Required
Pursuant To N.J.S.A. 19:44A-20.8
T OWN OF M OR R IST OWN
The following is statutory text related to the terms and citations used in the Business Entity Disclosure
Certification form.
“Local Unit Pay-To-Play Law” (P.L. 2004, c.19, as amended by P.L. 2005, c.51)
19:44A-20.6 Certain contributions deemed as contributions by business entity.
5. When a business entity is a natural person, a contribution by that person's spouse or child, residing therewith, shall be deemed
to be a contribution by the business entity. When a business entity is other than a natural person, a contribution by any person
or other business entity having an interest therein shall be deemed to be a contribution by the business entity.
19:44A-20.7 Definitions relative to certain campaign contributions.
6. As used in sections 2 through 12 of this act:
“business entity" means any natural or legal person, business corporation, professional services corporation, limited liability
company, partnership, limited partnership, business trust, association or any other legal commercial entity organized under the
laws of this State or of any other state or foreign jurisdiction;
“interest" means the ownership or control of more than 10% of the profits or assets of a business entity or 10% of the stock in
the case of a business entity that is a corporation for profit, as appropriate;
Temporary and Executing
12. Nothing contained in this act shall be construed as affecting the eligibility of any business entity to perform a public
contract because that entity made a contribution to any committee during the one-year period immediately preceding the effective
date of this act.
The New Jersey Campaign Contributions and Expenditures Reporting Act (N.J.S.A. 19:44A-1 et seq.)
19:44A-3 Definitions. In pertinent part…
p. The term "political party committee" means the State committee of a political party, as organized pursuant to R.S.19:5-4,
any county committee of a political party, as organized pursuant to R.S.19:5-3, or any municipal committee of a political
party, as organized pursuant to R.S.19:5-2.
q. The term "candidate committee" means a committee established pursuant to subsection a. of section 9 of
P.L.1973, c.83 (C.19:44A-9) for the purpose of receiving contributions and making expenditures.
r. the term "joint candidates committee" means a committee established pursuant to subsection a. of section 9 of P.L.1973, c.83
(C.19:44A-9) by at least two candidates for the same elective public offices in the same election in a legislative district, county,
municipality or school district, but not more candidates than the total number of the same elective public offices to be filled in
that election, for the purpose of receiving contributions and making expenditures. For the purpose of this subsection: …; the
offices of member of the board of chosen freeholders
and county executive shall be deemed to be the same elective public offices in a county; and the offices of mayor and
member of the municipal governing body shall be deemed to be the same elective public offices in a municipality.
19:44A-8 and 16 Contributions, expenditures, reports, requirements.
While the provisions of this section are too extensive to reprint here, the following is deemed to be the pertinent part affecting amounts of contributions:
“The $300 limit established in this subsection shall remain as stated in this subsection without further adjustment by the
commission in the manner prescribed by section 22 of P.L.1993, c.65 (C.19:44A-7.2)
17
APPENDIX F
C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM
Public Agency Instructions
This page provides guidance to public agencies entering into contracts with business entities that are required to file
Political Contribution Disclosure forms with the agency. It is not intended to be provided to contractors. What
follows are instructions on the use of form local units can provide to contractors that are required to disclose
political contributions pursuant to N.J.S.A.
19:44A-20.26 (P.L. 2005, c. 271, s.2). Additional information on the process is available in
Local Finance Notice 2006-1 (www.nj.gov/dca/lgs/lfns/lfnmenu.shtml).
1. The disclosure is required for all contracts in excess of $17,500 that are not awarded pursuant to a “fair and
open” process (N.J.S.A. 19:44A-20.7).
2. Due to the potential length of some contractor submissions, the public agency should consider allowing
data to be submitted in electronic form (i.e., spreadsheet, pdf file, etc.). Submissions must be kept with the
contract documents or in an appropriate computer file and be available for public access. The form is
worded to accept this alternate submission. The text should be amended if electronic submission will
not be allowed.
3. The submission must be received from the contractor and on file at least 10 days prior to award of the
contract. Resolutions of award should reflect that the disclosure has been received and is
on file.
4. The contractor must disclose contributions made to candidate and party committees covering a wide range of
public agencies, including all public agencies that have elected officials in the county of the public agency,
state legislative positions, and various state entities. The Division of Local Government Services
recommends that contractors be provided a list of the affected agencies. This will assist contractors in
determining the campaign and political committees of the officials and candidates affected by the disclosure.
a. The Division has prepared model disclosure forms for each county. They can be
downloaded from the “County PCD Forms” link on the Pay-to-Play web site at
www.nj.gov/dca/lgs/p2p. They will be updated from time-to-time as necessary.
b. A public agency using these forms should edit them to properly reflect the correct legislative
district(s). As the forms are county-based, they list all legislative districts in each county.
Districts that do not represent the public agency should be removed from the lists.
c.
Some contractors may find it easier to provide a single list that covers all contributions,
regardless of the county. These submissions are appropriate and should be accepted.
d. The form may be used “as-is”, subject to edits as described herein.
e.
The “Contractor Instructions” sheet is intended to be provided with the form. It is recommended
that the Instructions and the form be printed on the same piece of paper. The form notes that the
Instructions are printed on the back of the form; where that is not the case, the text should be
edited accordingly.
f.
The form is a Word document and can be edited to meet local needs, and posted for download on
web sites, used as an e-mail attachment, or provided as a printed document.
5. It is recommended that the contractor also complete a “Stockholder Disclosure Certification.” This will
assist the local unit in its obligation to ensure that contractor did not make any prohibited contributions to
the committees listed on the Business Entity Disclosure Certification in the 12 months prior to the contract.
(See Local Finance Notice 2006-7 for additional information on this obligation) A sample Certification
form is part of this package and the instruction to complete it is included in the Contractor Instructions.
NOTE: This section is not applicable to Boards of Education.
18
C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM
Contractor Instructions
Business entities (contractors) receiving contracts from a public agency that are NOT awarded pursuant to a “fair and
open” process (defined at N.J.S.A. 19:44A-20.7) are subject to the provisions of P.L. 2005, c.
271, s.2 (N.J.S.A. 19:44A-20.26). This law provides that 10 days prior to the award of such a contract, the contractor
shall disclose contributions to:
•
any State, county, or municipal committee of a political party
•
any legislative leadership committee*
•
any continuing political committee (a.k.a., political action committee)
•
any candidate committee of a candidate for, or holder of, an elective office:
o
of the public entity awarding the contract
o
of that county in which that public entity is located
o
of another public entity within that county
o
or of a legislative district in which that public entity is located or, when the
public entity is a county, of any legislative district which includes all or part
of the county
The disclosure must list reportable contributions to any of the committees that exceed $300 per election cycle that
were made during the 12 months prior to award of the contract. See N.J.S.A. 19:44A-8 and
19:44A-16 for more details on reportable contributions.
N.J.S.A. 19:44A-20.26 itemizes the parties from whom contributions must be disclosed when a business entity is not
a natural person. This includes the following:
•
individuals with an “interest” ownership or control of more than 10% of the profits or assets of a
business entity or 10% of the stock in the case of a business entity that is a corporation for profit
•
all principals, partners, officers, or directors of the business entity or their spouses
•
any subsidiaries directly or indirectly controlled by the business entity
•
IRS Code Section 527 New Jersey based organizations, directly or indirectly controlled by the
business entity and filing as continuing political committees, (PACs).
When the business entity is a natural person, “a contribution by that person’s spouse or child, residing therewith,
shall be deemed to be a contribution by the business entity.” [N.J.S.A. 19:44A-20.26(b)] The contributor must be
listed on the disclosure.
Any business entity that fails to comply with the disclosure provisions shall be subject to a fine imposed by ELEC
in an amount to be determined by the Commission which may be based upon the amount that the business entity
failed to report.
The enclosed list of agencies is provided to assist the contractor in identifying those public agencies whose elected
official and/or candidate campaign committees are affected by the disclosure requirement. It is the contractor’s
responsibility to identify the specific committees to which contributions may have been made and need to be
disclosed. The disclosed information may exceed the minimum requirement.
The enclosed form, a content-consistent facsimile, or an electronic data file containing the required details (along
with a signed cover sheet) may be used as the contractor’s submission and is disclosable to the public under the Open
Public Records Act.
The contractor must also complete the attached Stockholder Disclosure Certification. This will assist the agency in
meeting its obligations under the law. NOTE: This section does not apply to Board of Education contracts.
* N.J.S.A. 19:44A-3(s): “The term "legislative leadership committee" means a committee established, authorized to
be established, or designated by the President of the Senate, the Minority Leader of the Senate, the Speaker of the
General Assembly or the Minority Leader of the General Assembly pursuant to section 16 of P.L.1993, c.65
(C.19:44A-10.1) for the purpose of receiving contributions and making expenditures.”
19
Required Pursuant To N.J.S.A. 19:44A-20.26
This form or its permitted facsimile must be submitted to the local unit
no later than 10 days prior to the award of the contract.
Part I – Vendor Information
Vendor Name:
Address:
City:
State:
Zip:
The undersigned being authorized to certify, hereby certifies that the submission provided herein represents
compliance with the provisions of N.J.S.A. 19:44A-20.26 and as represented by the Instructions accompanying this
form.
Signature
Printed Name
Title
Part II – Contribution Disclosure
Disclosure requirement: Pursuant to N.J.S.A. 19:44A-20.26 this disclosure must include all reportable political
contributions (more than $300 per election cycle) over the 12 months prior to submission to the committees of the
government entities listed on the form provided by the local unit.
Check here if disclosure is provided in electronic form.
Contributor Name
Recipient Name
Date
Dollar Amount
$
Check here if the information is continued on subsequent page(s)
20
Continuation Page
C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM
Required Pursuant To N.J.S.A. 19:44A-20.26
Page
of
Vendor Name:
Contributor Name
Recipient Name
Date
Dollar Amount
$
Check here if the information is continued on subsequent page(s)
21
List of Agencies with Elected Officials Required for Political Contribution Disclosure
N.J.S.A. 19:44A-20.26
County Name:
State: Governor, and Legislative Leadership Committees
Legislative District #s:
State Senator and two members of the General Assembly per district.
County:
Freeholders
County Clerk
Sheriff
{County Executive}
Surrogate
Municipalities (Mayor and members of governing body, regardless of title):
Mayor Timothy Dougherty
Councilperson Michael Elms
Councilperson Toshiba Foster
Councilperson Tawanna Cotten
Councilperson Stefan Armington
Councilperson David Silva
Councilperson Robert Iannaccone
Councilperson Sandi Mayer
Morristown Democratic Organization
Morristown Republican Organization
Morris County Party Committee
Any other Committee referred to in the Ordinance
USERS SHOULD CREATE THEIR OWN FORM, OR DOWNLOAD
FROM WWW.NJ.GOV/DCA/LGS/P2P A COUNTY-BASED,
CUSTOMIZABLE FORM.
22
APPENDIX G
STOCKHOLDER DISCLOSURE CERTIFICATION
Name of Business:
I certify that the list below contains the names and home addresses of all stockholders holding
10% or more of the issued and outstanding stock of the undersigned.
O
R
I certify that no one stockholder owns 10% or more of the issued and outstanding stock of the
undersigned.
Check the box that represents the type of business organization:
Partnership
Corporation
Sole Proprietorship
Limited Partnership
Limited Liability Corporation
Limited Liability
Partnership
Subchapter S Corporation
Sign and notarize the form below, and, if necessary, complete the stockholder list below.
Stockholders:
Name:
Name:
Home Address:
Home Address:
Name:
Name:
Home Address:
Home Address:
Name:
Name:
Home Address:
Home Address:
Subscribed and sworn before me this day of _, 2 . __________________________
(Affiant)
(Notary Public)
__________________________
(Print name & title of affiant)
My Commission expires:
(Corporate Seal)
--- Document: 2023 RFQ for Board of Adjustment Engineer.pdf ---
NOTE: The Town of Morristown Board of Adjustment will consider proposals only from firms or
organizations that have demonstrated the capability and willingness to provide high quality services in
the manner described in this Request for Qualifications.
REQUEST FOR QUALIFICATIONS
FOR THE PROVISION OF ENGINEERING SERVICES – BOARD OF ADJUSTMENT
CONSULTING ENGINEERS
ISSUE DATE: November 3, 2022
DUE DATE: December 8, 2022
Issued by:
Town of Morristown
Board of Adjustment
2
GLOSSARY
The following definitions shall apply to and are used in this Request for Qualifications:
"Board" - refers to the Morristown Board of Adjustment
"Town" - refers to the Town of Morristown.
"Principals" means persons possessing an ownership interest in the Respondent. If the Respondent is a corporation,
"Principals" shall include each investor who would have any amount of operational control over the Respondent and
every stockholder having an ownership interest of ten percent (10%) or more in the firm.
"Qualification Statement" - refers to the complete responses to this RFQ submitted by the Respondents.
"Qualified Respondent" - refers to those Respondents who have satisfied the qualification criteria set forth in this RFQ.
"Respondent" or "Respondents" - refers to the interested firm(s) that submit a Qualification Statement.
“Review Team” – Members of the Board and its legal and/or financial advisors who shall review the Qualification
Statements.
"RFQ" - refers to this Request for Qualifications, including any amendments thereof or supplements thereto..
3
SECTION 1
INTRODUCTION AND GENERAL INFORMATION
1.1.
Introduction and Purpose.
The Board is soliciting Qualification Statements from interested persons and/or firms for Consulting
Engineering Services, as more particularly described herein. Through a Request for Qualification process
described herein, persons and/or firms interested in assisting the Board with the provision of such services
must prepare and submit a Qualification Statement in accordance with the procedures and schedules in this
RFQ. The Board will review Qualification Statements only from those firms that submit a Qualification
Statement which includes all the information required to be included as described herein (in the sole
judgment of the Board). The Board intends to qualify person(s) and/or firm(s) that: (a) possesses the
professional, financial and administrative capabilities to provide the proposed services, and (b) will agree
to work under the compensation terms and conditions determined by the Board to provide the greatest
benefit to the taxpayers of Morristown.
1.2.
Procurement Process and Schedule.
The selection of Qualified Respondents is not subject to the bidding 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-20.4 et seq. and the Morristown Pay to Play Ordinance 2-87. The Board has
structured a procurement process that seeks to obtain the desired results described above, while establishing
a competitive process to assure that each person and/or firm is provided with an equal opportunity to submit
a Qualification Statement in response to the RFQ. Qualification Statements will be evaluated in accordance
with the criteria set forth in Section 5 of this RFQ, which will be applied in the same manner to each
Qualification Statement received. Respondents agree to at all times abide by all requirements of New Jersey
law, including, but not limited to the aforementioned “Pay to Play” laws, as well as any and all relevant
Executive Orders and the New Jersey Election Law Enforcement Commission disclosure requirements.
Qualification Statements will be reviewed and evaluated by the Board, the Town and their legal and/or
financial advisors (collectively, the "Review Team"). The Qualification Statements will be reviewed to
determine if the Respondent has met the minimum professional, administrative and financial criteria
described in this RFQ. Under no circumstances will a member of the Review Team review responses to an
RFQ for a position which they or their firm submitted a response. Based upon the totality of the information
contained in the Qualification Statement, including information about the reputation and experience of each
Respondent, the Board will (in its sole judgment) determine which Respondents are qualified from
professional, administrative and financial standpoints. Each Respondent that meets the requirements of the
RFQ (in the sole judgment of the Board) will be designated as a Qualified Respondent and will be given
the opportunity to participate in the selection process determined by the Board.
The RFQ process commences with the issuance of this RFQ. The steps involved in the process and the
anticipated completion dates are set forth in Table 1, Procurement Schedule. The Board reserves the right
to, among other things, amend, modify or alter the Procurement Schedule upon notice to all potential
Respondents.
4
All communications concerning this RFQ or the RFQ process shall be directed to the Board’s Designated
Contact Person, in writing.
Designated Contact Person:
James A. Campbell
Land Use Administrator
200 South St. CN914
2nd Floor, Office of Planning & Zoning
Morristown, NJ 07963-0914
Qualification Statements must be submitted to, and be received by, the Board, by hand delivery or regular
mail, by 4:00 p.m. prevailing time on December 8, 2022. Qualification Statements will not be accepted
by facsimile transmission or e-mail.
Subsequent to issuance of this RFQ, the Board (through the issuance of addenda to all firms that have
received a copy of the RFQ) may modify, supplement or amend the provisions of this RFQ in order to
respond to inquiries received from prospective Respondents or as otherwise deemed necessary or
appropriate by, and in the sole judgment of, the Town.
TABLE 1
ANTICIPATED PROCUREMENT SCHEDULE
ACTIVITY
DATE
1. Issuance of Request for Qualifications
November 3, 2022
2. Receipt of Qualification Statements
December 8, 2022
3. Completion of Evaluation of Qualification Statements by the Review Team
December 15, 2022
4. Town Review of Review Team Recommendations
December 28, 2022
5. Approval of Professional Services Resolution at Zoning Board of Adjustment
Reorganization Meeting
January 4, 2023
Section 1.3.
Conditions Applicable to RFQ.
Upon submission of a Qualification Statement in response to this RFQ, the Respondent acknowledges and
consents to the following conditions relative to the submission and review and consideration of its
Qualification Statement:
•
This document is an RFQ and does not constitute an RFP.
•
This RFQ does not commit the Town to issue an RFP.
5
•
All costs incurred by the Respondent in connection with responding to this RFQ shall be borne
solely by the Respondent.
•
The Board reserves the right, in its sole judgment, to reject for any reason, any and all responses
and components thereof and to eliminate any and all Respondents responding to this RFQ from
further consideration for this procurement.
•
The Board reserves the right, in its sole judgment, to reject any Respondent that submits
incomplete responses to this RFQ, or a Qualification Statement that is not responsive to the
requirements of this RFQ.
•
The Board reserves the right, without prior notice, to supplement, amend, or otherwise modify
this RFQ, or otherwise request additional information.
•
All Qualification Statements shall become the property of the Board and will not be returned.
•
All Qualification Statements will be made available to the public at the appropriate time, as
determined by the Board, in the exercise of its sole discretion, in accordance with applicable
law.
•
The Board may request Respondents to send representatives to the Board for interviews.
•
Any and all Qualification Statements not received by the Board by 4:00 p.m. prevailing time
on December 8, 2022 will be rejected.
•
Neither the Board, its consultants or advisors, nor their respective staffs, including, but not
limited to, the Review Team, shall be liable for any claims or damages resulting from the
solicitation or preparation of the Qualification Statement, nor will there be any reimbursement
to Respondents for the cost of preparing and submitting a Qualification Statement or for
participating in this procurement process.
Section 1.4.
Rights of Board.
The Board reserves, holds and may exercise, at its sole discretion, the following rights and options with
regard to this RFQ and the procurement process in accordance with the provisions of applicable law:
•
To determine that any Qualification Statement received complies or fails to comply with the
terms of this RFQ.
•
To supplement, amend or otherwise modify the RFQ through issuance of addenda to all
prospective Respondents who have received a copy of this RFQ.
•
To waive any technical non-conformance with the terms of this RFQ.
•
To change or alter the schedule for any events called for in this RFQ upon the issuance of notice
to all prospective Respondents who have received a copy of this RFQ.
•
To conduct investigations of any or all of the Respondents, as the Board deems necessary or
6
convenient, to clarify the information provided as part of the Qualification Statement and to
request additional information to support the information included in any Qualification
Statement.
•
To suspend or terminate the procurement process described in this RFQ at any time in the
Board’s sole discretion. If terminated, the Board may determine to commence a new
procurement process or exercise any other rights provided under applicable law without any
obligation to the Respondents.
The Board shall be under no obligation to complete all or any portion of the procurement process described
in this RFQ.
1.5
Addenda or Amendments to RFQ.
During the period provided for the preparation of responses to the RFQ, the Board may issue addenda,
amendments or answers to written inquiries. Those addenda will be noticed by the Town and will constitute
a part of the RFQ. All responses to the RFQ shall be prepared with full consideration of the addenda issued
prior to the proposal submission date.
1.6
Cost of Proposal Preparation.
Each proposal and all information required to be submitted pursuant to the RFQ shall be prepared at the
sole cost and expense of the respondent. There shall be no claims whatsoever against the Board, its staff,
its consultants or such consultants’ staff, for reimbursement for the payment of costs or expenses incurred
in the preparation of the Qualification Statement or other information required by the RFQ.
1.7
Proposal Format.
Responses should cover all information requested in the questions to be answered in this RFQ. Responses
which in the judgment of the Board fail to meet the requirements of the RFQ or which are in any way
conditional, incomplete, obscure, contain additions or deletions from requested information, or contain
errors may be rejected.
SECTION 2
SCOPE OF SERVICES
It is the intent of the Board to solicit Qualification Statements from Respondents that have expertise in the
provision of consulting engineering services. Firms and/or persons responding to this RFQ shall be able to
demonstrate that they will have the continuing capabilities to perform these services.
SECTION 3
SUBMISSION REQUIREMENTS
Section 3.1
General Requirements.
The Qualification Statement submitted by the Respondent must meet or exceed the professional,
7
administrative and financial qualifications set forth in this Section 3 and shall incorporate the information
requested below.
In addition to the information required as described below, a Respondent may submit supplemental
information that it believes may be useful in evaluating its Qualification Statement. Respondents are
encouraged to be clear, factual, and concise in their presentation of information.
Section 3.2
Administrative Information Requirements.
The Respondent shall, as part of its Qualification Statement, provide the following information:
1.
An executive summary (not to exceed two (2) pages) of the information contained in all
the other parts of the Qualification Statement.
2.
An executed Letter of Qualification (See Appendix A to this RFQ).
3.
Name, address and telephone number of the firm or firms submitting the Qualification
Statement pursuant to this RFQ, and the name of the key contact person.
4.
A description of the business organization (i.e., corporation, partnership, joint venture, etc.)
of each firm, its ownership and its organizational structure.
(a)
Provide the names and business addresses of all Principals of the firm or firms submitting
the Qualification Statement. For purposes of this RFQ, "Principals" means persons
possessing an ownership interest in the Respondent. If the Respondent is a corporation,
"Principals" shall include each investor who would have any amount of operational control
over the Respondent and every stockholder having an ownership interest of ten percent
(10%) or more in the firm.
(b)
If a firm is a partially owned or a fully-owned subsidiary of another firm, identify the parent
company and describe the nature and extent of the parents' approval rights over the
activities of the firm submitting a Qualification Statement. Describe the approval process.
(c)
If the Respondent is a partnership or a joint venture or similar organization, provide
comparable information as required in (b) above for each member of the partnership, joint
venture or similar organization.
(d)
A statement that the Respondent has complied with all applicable affirmative action (or
similar) requirements with respect to its business activities, together with evidence of such
compliance
5.
An executed Letter of Intent (See Appendix B).
6.
An executed Payment Conditions and Rate Schedules Form (See Appendix C).
7.
An executed Americans with Disabilities Act of 1990 Acknowledgement Form (See
Appendix D).
8
8.
A completed Business Entity Disclosure Form, Political Contribution Disclosure Form &
a Stockholder Disclosure Certification (Appendices E, F & G).
9.
The number of years the business organization has been in business under its present name.
10.
The number of years the business organization has been under its current management.
11.
Any judgments, claims or suits within the last three (3) years in which Respondent has
been adjudicated liable for professional malpractice. If yes, please explain.
12.
Whether the business organization is now or has been involved in any bankruptcy or re-
organization proceedings in the last ten (10) years. If yes, please explain.
13.
Confirm appropriate federal and state licenses to perform activities. Submit a copy of the
Firm’s Business Registration Certificate.
Section 3.3
Professional Information Requirements.
1. Respondent shall submit a description of its overall experience in providing the type of
services sought in the RFQ. At a minimum, the following information on past experience
should be included as appropriate to the RFQ:
a.
Description and scope of work by Respondent;
b.
Name, address and contact information of references; and
c.
Explanation of perceived relevance of the experience to the RFQ.
2.
Describe the services that Respondent would perform directly.
3. Describe those portions of the Respondent’s services, if any, that are sub-contracted out.
Identify all subcontractors the Respondent anticipates using in connection with this project.
4.
Does the Respondent normally employ union or non-union employees?
5.
Resumes of key employees.
6.
A narrative statement of the Respondent’s understanding of the Town’s needs and goals.
7. List all immediate relatives of Principal(s) of Respondent who are Town or Board employees
or elected officials of the Town or Board. For purposes of the above, “immediate relative”
means a spouse, parent, stepparent, brother, sister, child, stepchild, direct-line aunt or
uncle, grandparent, grandchild, and in- laws by reason of relation.
9
SECTION 4
INSTRUCTIONS TO RESPONDENTS
4.1
Submission of Qualification Statements.
Respondents must submit an original and one (1) copy of their Qualification Statement to the Designated
Contact Person:
James A. Campbell
Land Use Administrator
200 South St. CN914
2nd Floor, Office of Planning & Zoning
Morristown, NJ 07963-0914
Qualification Statements must be received by the Board no later than 4:00 p.m. (prevailing time) on
December 8, 2022, and must be mailed or hand-delivered. Qualification Statements forwarded by facsimile
or e-mail will not be accepted.
To be responsive, Qualification Statements must provide all requested information, and must be in strict
conformance with the instructions set forth herein. Qualification Statements and all related information
must be bound, and signed and acknowledged by the Respondent.
SECTION 5
EVALUATION
The Board’s objective in soliciting Qualification Statements is to enable it to select a firm or organization
that will provide high quality and cost effective services to the citizens of Morristown. The Board will
consider Qualification Statements only from firms or organizations that, in the Board’s judgment, have
demonstrated the capability and willingness to provide high quality services to the citizens of the Town in
the manner described in this RFQ.
Proposals will be evaluated by the Board and the Town on the basis of the most advantageous, all relevant
factors considered. The evaluation will consider:
1.
Experience and reputation in the field;
2.
Knowledge of the Board and the subject matter addressed under the contract;
3.
Availability to accommodate the required meetings of the Board; and
4.
Other factors demonstrated to be in the best interest of the Board.
10
APPENDIX A
LETTER OF QUALIFICATION
(Note: To be typed on Respondent's Letterhead. No modifications may be made to this letter)
[INSERT DATE]
James A. Campbell
Land Use Administrator
200 South St. CN914
2nd Floor, Office of Planning & Zoning
Morristown, NJ 07963-0914
Dear Mr. Campbell:
The undersigned has reviewed its Qualification Statement submitted in response to the Request for
Qualifications (RFQ) issued by the Town of Morristown, dated December 8, 2022, in connection with the
Board’s need for Engineering Services – Consulting Engineers.
We affirm that the contents of our Qualification Statement (which Qualification Statement is incorporated
herein by reference), are accurate, factual and complete to the best of our knowledge and belief and that the
Qualification Statement is submitted in good faith upon the express understanding that any false statement
may result in the disqualification of (Name of Respondent).
(Respondent shall sign and complete the spaces provided below. If a joint venture, appropriate officers of
each company shall sign.)
_________________________________
(Signature of Chief Executive Officer)
_________________________________
(Typed Name and Title)
_________________________________
(Type Name of Firm)
Dated:
_________________________________
11
APPENDIX B
LETTER OF INTENT
(Note: To be typed on Respondent's Letterhead. No modifications may be made to this letter)
[INSERT DATE]
James A. Campbell
Land Use Administrator
200 South St. CN914
2nd Floor, Office of Planning & Zoning
Morristown, NJ 07963-0914
Dear Mr. Campbell:
The undersigned, as Respondent, has (have) submitted the attached Qualification Statement in response to a
Request for Qualifications (RFQ), issued by the Town of Morristown Board of Adjustment (“Board”), dated
December 8, 2022 in connection with the Board’s need for Engineering Services – Consulting Engineers.
(Name of Respondent) HEREBY STATES:
1.
The Qualification Statement contains accurate, factual and complete information.
2. (Name of Respondent) agrees (agrees) to participate in good faith in the procurement process as described
in the RFQ and to adhere to the Town's procurement schedule.
3. (Name of Respondent) acknowledges (acknowledge) that all costs incurred by it (them) in connection with
the preparation and submission of the Qualification Statement and any proposal prepared and submitted
in response to the RFQ, or any negotiation which results there from shall be borne exclusively by the
Respondent.
4. (Name of Respondent) hereby declares (declare) that the only persons participating in this Qualification
Statement as Principals are named herein and that no person other than those herein mentioned has any
participation in this Qualification Statement or in any contract to be entered into with respect thereto.
Additional persons may subsequently be included as participating Principals, but only if acceptable to the
Board. (Name of Respondent) declares that this Qualification Statement is made without connection with
any other person, firm or parties who has submitted a Qualification Statement, except as expressly set
forth below and that it has been prepared and has been submitted in good faith and without collusion or
fraud.
5. (Name of Respondent) acknowledges and agrees that the Town may modify, amend, suspend and/or
terminate the procurement process (in its sole judgment). In any case, the Board shall not have any
liability to the Respondent for any costs incurred by the Respondent with respect to the procurement
activities described in this RFQ.
12
6. (Name of Respondent) acknowledges that any contract executed with respect to the provision of
Engineering Services – Consulting Engineers must comply with all applicable affirmative action and
similar laws. Respondent hereby agrees to take such actions as are required in order to comply with such
applicable laws.
(Respondent shall sign and complete the space provided below. If a joint venture, appropriate officers of each
company shall sign.)
_________________________________
(Signature of Chief Executive Officer)
_________________________________
(Typed Name and Title)
_________________________________
(Type Name of Firm)
Dated:
13
APPENDIX C
PAYMENT CONDITIONS AND RATE SCHEDULES
1. The Board of Adjustment wishes to approve the qualifications of an engineering firm or firms to provide
Consulting Engineering Services to the Board for 2022. Upon appointment to the position of Consulting Engineer, no
work or compensation is guaranteed, however. Instead, the Town will approve proposals for projects (including
compensation terms) on an as needed basis. This will be done by a Resolution of the Board of Adjustment. By
submitting a response to this RFQ, the Respondent acknowledges that it will not propose or charge hourly rates that
exceed those listed below:
•
Partner
$150.00 Per Hour
•
Principal
$145.00 Per Hour Project
•
Manager
$139.00 Per Hour
•
Professional Engineer
$136.00 Per Hour
•
Senior Project Engineer
$124.00 Per Hour
•
Project Engineer
$114.00 Per Hour
•
Senior Design Engineer
$104.00 Per Hour
•
Design Engineer
$ 93.00 Per Hour
•
Senior Engineering Technician
$ 90.00 Per Hour
•
Engineering Technician
$ 84.00 Per Hour Chief
•
Draftsperson
$ 85.00 Per Hour Senior
•
Draftsperson
$ 79.00 Per Hour Junior
•
Draftsperson
$ 61.00 Per Hour
•
Professional Land Surveyor
$130.00 Per Hour
•
Land Surveyor
$109.00 Per Hour
•
Land Surveyor w/Robotic Total Station
$145.00 Per Hour
•
Senior Party Chief w/Robotic Total Station
$103.00 Per Hour
•
Party Chief
$ 82.00 Per Hour
•
Junior Party Chief
$ 77.00 Per Hour
•
Survey Technician
$ 76.00 Per Hour
•
Field Crew Member
$ 66.00 Per Hour
•
Junior SurveyTechnician
$ 48.00 Per Hour
•
Chief Construction Engineer
$109.00 Per Hour
•
Senior Construction Engineer
$ 93.00 Per Hour
•
Construction Engineer
$ 87.00 Per Hour
•
Chief Construction Technician
$ 77.00 Per Hour
•
Senior Construction Technician
$ 70.00 Per Hour
•
Junior Construction Technician
$ 65.00 Per Hour
•
Administrative Assistant
$ 70.00 Per Hour
•
Senior Clerical
$ 50.00 Per Hour
•
Management Information Systems Technician
$ 84.00 Per Hour
•
Senior CAD Technician
$ 80.00 Per Hour
•
Computer Technician
$ 77.00 Per Hour
•
Computer
$ 75.00 Per Hour
•
CAD System
$ 77.00 Per Hour
•
Licensed Landscape Architect
$109.00 Per Hour
•
Senior Landscape Designer
$ 98.00 Per Hour
•
Certified Tree Expert
$ 87.00 Per Hour
•
Junior Landscape Designer
$ 77.00 Per Hour
•
Professional Planner
$114.00 Per Hour
•
Planning Technician
$ 82.00 Per Hour
14
2.
The Professional shall be reimbursed at cost for expenses incurred for duplication, filing fees and other
reasonable and approved out-of-pocket expenses advanced and/or incurred by them. The Professional shall be
reimbursed for direct charges including disbursements that are actual expenses incurred by the Professional and
or/their associated Firm in connection with such engineering services and approved by the Board, and shall
include, but not be limited to:
a.
Telegrams, faxes and long distance (Out-of-State) telephone calls;
b.
Payment of filing, application fees, review fees and similar charges;
c.
Computer expenses including time and proprietary program charges;
d.
Outside printing, reproduction, binding, collating and other graphic services;
e.
Messenger service, postage and handling of drawing and specifications, reports, contracts and
other bulky items.
3. Monthly invoices shall be submitted detailing all services performed.
Signature: The undersigned hereby acknowledges and accepts the established payment terms.
__________________________________
Name of Respondent/Firm:
__________________________________
Print name and title:
__________________________________
Date: ____________________________
ATTEST:
Signature:
__________________________________
Witness
15
APPENDIX D
AMERICANS WITH DISABILITIES ACT OF 1990
ACKNOWLEDGEMENT FORM
This form is an agreement of the successful Vendor’s obligation to comply with the requirements of 42 U.S.C.
§121.01 et seq., referred to as the Americans Disability Act of 1990.
The undersigned Vendor hereby acknowledges receipt of the Americans with Disabilities Act of 1990 found at
Appendix B of this packet.
The undersigned Vendor hereby certifies that he/she is aware of the commitment to comply with the requirements
of 42 U.S.C. §121.01 et seq. and agrees to furnish any required forms as evidence of compliance.
The undersigned Vendor further certifies that he/she understands that his/her proposal shall be rejected as non-
responsive and any contract entered into shall be void and of no effect if said Vendor fails to comply with the
requirements of 42 U.S.C. §121.01 et seq.
COMPANY: ___________________________ TITLE: ______________________________
PRINT NAME: __________________________SIGNATURE:_______________________________
DATE:______________________
16
APPENDIX E
BUSINESS ENTITY DISCLOSURE CERTIFICATION
PURSUANT TO CHAPTER 2, SECTION 2-87, PUBLIC CONTRACTING REFORM
ORDINANCE, OF THE CODE OF TOWN OF MORRISTOWN, NEW JERSEY
T OWN OF MORRISTOWN
Part I – Vendor Affirmation
The undersigned, being authorized and knowledgeable of the circumstances, does hereby certify that
has not made and will not make any contributions pursuant to Chapter 2, Section 2-87, Public
Contracting Reform Ordinance, of the Code of the Town of Morristown, that would bar the award of this contract in the one
year period preceding
(date of award scheduled for approval of the contract by the governing body) to any of the following named
candidate committee, joint candidates committee; or political party committee representing the elected officials of the Town
of Morristown as defined pursuant to N.J.S.A. 19:44A-3(p), (q) and (r).
Mayor Timothy Dougherty
Councilperson Michael Elms
Councilperson Toshiba Foster
Councilperson Tawanna Cotten
Councilperson Stefan Armington
Councilperson David Silva
Councilperson Robert Iannacone
Councilperson Sandi Mayer
Morristown Democratic Organization
Morristown Republican Organization
Morris County Party Committee
Any other Committee referred to in the Ordinance
Part II – Ownership Disclosure Certification
I certify that the list below contains the names and home addresses of all owners holding 10% or more of the issued
and outstanding stock of the undersigned.
Check the box that represents the type of business entity:
Partnership
Corporation
Sole Proprietorship
Subchapter S Corporation
Limited Partnership Limited Liability Corporation
Limited Liability Partnership
Name of Stock or Shareholder
Home Address
Part 3 – Signature and Attestation:
The undersigned is fully aware that if I have misrepresented in whole or part this affirmation and certification, I
and/or the business entity, will be liable for any penalty permitted under law. Name of
Business Entity:
Signed:
Print Name:
Title:
Date:
Subscribed and sworn before me this
day of
, 2 .
My Commission expires:
(Affiant)
(Print name & title of affiant) (Corporate Seal)
17
BUSINESS ENTITY DISCLOSURE CERTIFICATION
FOR NON-FAIR AND OPEN CONTRACTS Required
Pursuant To N.J.S.A. 19:44A-20.8
T OWN OF M OR R IST OWN
The following is statutory text related to the terms and citations used in the Business Entity Disclosure
Certification form.
“Local Unit Pay-To-Play Law” (P.L. 2004, c.19, as amended by P.L. 2005, c.51)
19:44A-20.6 Certain contributions deemed as contributions by business entity.
5. When a business entity is a natural person, a contribution by that person's spouse or child, residing therewith, shall be deemed
to be a contribution by the business entity. When a business entity is other than a natural person, a contribution by any person
or other business entity having an interest therein shall be deemed to be a contribution by the business entity.
19:44A-20.7 Definitions relative to certain campaign contributions.
6. As used in sections 2 through 12 of this act:
“business entity" means any natural or legal person, business corporation, professional services corporation, limited liability
company, partnership, limited partnership, business trust, association or any other legal commercial entity organized under the
laws of this State or of any other state or foreign jurisdiction;
“interest" means the ownership or control of more than 10% of the profits or assets of a business entity or 10% of the stock in
the case of a business entity that is a corporation for profit, as appropriate;
Temporary and Executing
12. Nothing contained in this act shall be construed as affecting the eligibility of any business entity to perform a public
contract because that entity made a contribution to any committee during the one-year period immediately preceding the effective
date of this act.
The New Jersey Campaign Contributions and Expenditures Reporting Act (N.J.S.A. 19:44A-1 et seq.)
19:44A-3 Definitions. In pertinent part…
p. The term "political party committee" means the State committee of a political party, as organized pursuant to R.S.19:5-4,
any county committee of a political party, as organized pursuant to R.S.19:5-3, or any municipal committee of a political
party, as organized pursuant to R.S.19:5-2.
q. The term "candidate committee" means a committee established pursuant to subsection a. of section 9 of
P.L.1973, c.83 (C.19:44A-9) for the purpose of receiving contributions and making expenditures.
r. the term "joint candidates committee" means a committee established pursuant to subsection a. of section 9 of P.L.1973, c.83
(C.19:44A-9) by at least two candidates for the same elective public offices in the same election in a legislative district, county,
municipality or school district, but not more candidates than the total number of the same elective public offices to be filled in
that election, for the purpose of receiving contributions and making expenditures. For the purpose of this subsection: …; the
offices of member of the board of chosen freeholders
and county executive shall be deemed to be the same elective public offices in a county; and the offices of mayor and
member of the municipal governing body shall be deemed to be the same elective public offices in a municipality.
19:44A-8 and 16 Contributions, expenditures, reports, requirements.
While the provisions of this section are too extensive to reprint here, the following is deemed to be the pertinent part affecting amounts of contributions:
“The $300 limit established in this subsection shall remain as stated in this subsection without further adjustment by the
commission in the manner prescribed by section 22 of P.L.1993, c.65 (C.19:44A-7.2)
18
APPENDIX F
C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM
Public Agency Instructions
This page provides guidance to public agencies entering into contracts with business entities that are required to file
Political Contribution Disclosure forms with the agency. It is not intended to be provided to contractors. What
follows are instructions on the use of form local units can provide to contractors that are required to disclose
political contributions pursuant to N.J.S.A.
19:44A-20.26 (P.L. 2005, c. 271, s.2). Additional information on the process is available in
Local Finance Notice 2006-1 (www.nj.gov/dca/lgs/lfns/lfnmenu.shtml).
1. The disclosure is required for all contracts in excess of $17,500 that are not awarded pursuant to a “fair and
open” process (N.J.S.A. 19:44A-20.7).
2. Due to the potential length of some contractor submissions, the public agency should consider allowing
data to be submitted in electronic form (i.e., spreadsheet, pdf file, etc.). Submissions must be kept with the
contract documents or in an appropriate computer file and be available for public access. The form is
worded to accept this alternate submission. The text should be amended if electronic submission will
not be allowed.
3. The submission must be received from the contractor and on file at least 10 days prior to award of the
contract. Resolutions of award should reflect that the disclosure has been received and is
on file.
4. The contractor must disclose contributions made to candidate and party committees covering a wide range of
public agencies, including all public agencies that have elected officials in the county of the public agency,
state legislative positions, and various state entities. The Division of Local Government Services
recommends that contractors be provided a list of the affected agencies. This will assist contractors in
determining the campaign and political committees of the officials and candidates affected by the disclosure.
a. The Division has prepared model disclosure forms for each county. They can be
downloaded from the “County PCD Forms” link on the Pay-to-Play web site at
www.nj.gov/dca/lgs/p2p. They will be updated from time-to-time as necessary.
b. A public agency using these forms should edit them to properly reflect the correct legislative
district(s). As the forms are county-based, they list all legislative districts in each county.
Districts that do not represent the public agency should be removed from the lists.
c.
Some contractors may find it easier to provide a single list that covers all contributions,
regardless of the county. These submissions are appropriate and should be accepted.
d. The form may be used “as-is”, subject to edits as described herein.
e.
The “Contractor Instructions” sheet is intended to be provided with the form. It is recommended
that the Instructions and the form be printed on the same piece of paper. The form notes that the
Instructions are printed on the back of the form; where that is not the case, the text should be
edited accordingly.
f.
The form is a Word document and can be edited to meet local needs, and posted for download on
web sites, used as an e-mail attachment, or provided as a printed document.
5. It is recommended that the contractor also complete a “Stockholder Disclosure Certification.” This will
assist the local unit in its obligation to ensure that contractor did not make any prohibited contributions to
the committees listed on the Business Entity Disclosure Certification in the 12 months prior to the contract.
(See Local Finance Notice 2006-7 for additional information on this obligation) A sample Certification
form is part of this package and the instruction to complete it is included in the Contractor Instructions.
NOTE: This section is not applicable to Boards of Education.
19
C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM
Contractor Instructions
Business entities (contractors) receiving contracts from a public agency that are NOT awarded pursuant to a “fair and
open” process (defined at N.J.S.A. 19:44A-20.7) are subject to the provisions of P.L. 2005, c.
271, s.2 (N.J.S.A. 19:44A-20.26). This law provides that 10 days prior to the award of such a contract, the contractor
shall disclose contributions to:
•
any State, county, or municipal committee of a political party
•
any legislative leadership committee*
•
any continuing political committee (a.k.a., political action committee)
•
any candidate committee of a candidate for, or holder of, an elective office:
o
of the public entity awarding the contract
o
of that county in which that public entity is located
o
of another public entity within that county
o
or of a legislative district in which that public entity is located or, when the
public entity is a county, of any legislative district which includes all or part
of the county
The disclosure must list reportable contributions to any of the committees that exceed $300 per election cycle that
were made during the 12 months prior to award of the contract. See N.J.S.A. 19:44A-8 and
19:44A-16 for more details on reportable contributions.
N.J.S.A. 19:44A-20.26 itemizes the parties from whom contributions must be disclosed when a business entity is not
a natural person. This includes the following:
•
individuals with an “interest” ownership or control of more than 10% of the profits or assets of a
business entity or 10% of the stock in the case of a business entity that is a corporation for profit
•
all principals, partners, officers, or directors of the business entity or their spouses
•
any subsidiaries directly or indirectly controlled by the business entity
•
IRS Code Section 527 New Jersey based organizations, directly or indirectly controlled by the
business entity and filing as continuing political committees, (PACs).
When the business entity is a natural person, “a contribution by that person’s spouse or child, residing therewith,
shall be deemed to be a contribution by the business entity.” [N.J.S.A. 19:44A-20.26(b)] The contributor must be
listed on the disclosure.
Any business entity that fails to comply with the disclosure provisions shall be subject to a fine imposed by ELEC
in an amount to be determined by the Commission which may be based upon the amount that the business entity
failed to report.
The enclosed list of agencies is provided to assist the contractor in identifying those public agencies whose elected
official and/or candidate campaign committees are affected by the disclosure requirement. It is the contractor’s
responsibility to identify the specific committees to which contributions may have been made and need to be
disclosed. The disclosed information may exceed the minimum requirement.
The enclosed form, a content-consistent facsimile, or an electronic data file containing the required details (along
with a signed cover sheet) may be used as the contractor’s submission and is disclosable to the public under the Open
Public Records Act.
The contractor must also complete the attached Stockholder Disclosure Certification. This will assist the agency in
meeting its obligations under the law. NOTE: This section does not apply to Board of Education contracts.
* N.J.S.A. 19:44A-3(s): “The term "legislative leadership committee" means a committee established, authorized to
be established, or designated by the President of the Senate, the Minority Leader of the Senate, the Speaker of the
General Assembly or the Minority Leader of the General Assembly pursuant to section 16 of P.L.1993, c.65
(C.19:44A-10.1) for the purpose of receiving contributions and making expenditures.”
20
Required Pursuant To N.J.S.A. 19:44A-20.26
This form or its permitted facsimile must be submitted to the local unit
no later than 10 days prior to the award of the contract.
Part I – Vendor Information
Vendor Name:
Address:
City:
State:
Zip:
The undersigned being authorized to certify, hereby certifies that the submission provided herein represents
compliance with the provisions of N.J.S.A. 19:44A-20.26 and as represented by the Instructions accompanying this
form.
Signature
Printed Name
Title
Part II – Contribution Disclosure
Disclosure requirement: Pursuant to N.J.S.A. 19:44A-20.26 this disclosure must include all reportable political
contributions (more than $300 per election cycle) over the 12 months prior to submission to the committees of the
government entities listed on the form provided by the local unit.
Check here if disclosure is provided in electronic form.
Contributor Name
Recipient Name
Date
Dollar Amount
$
Check here if the information is continued on subsequent page(s)
21
Continuation Page
C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM
Required Pursuant To N.J.S.A. 19:44A-20.26
Page
of
Vendor Name:
Contributor Name
Recipient Name
Date
Dollar Amount
$
Check here if the information is continued on subsequent page(s)
22
List of Agencies with Elected Officials Required for Political Contribution Disclosure
N.J.S.A. 19:44A-20.26
County Name:
State: Governor, and Legislative Leadership Committees
Legislative District #s:
State Senator and two members of the General Assembly per district.
County:
Freeholders
County Clerk
Sheriff
{County Executive}
Surrogate
Municipalities (Mayor and members of governing body, regardless of title):
Mayor Timothy Dougherty
Councilperson Michael Elms
Councilperson Toshiba Foster
Councilperson Tawanna Cotten
Councilperson Stefan Armington
Councilperson David Silva
Councilperson Robert Iannacone
Councilperson Sandi Mayer
Morristown Democratic Organization
Morristown Republican Organization
Morris County Party Committee
Any other Committee referred to in the Ordinance
USERS SHOULD CREATE THEIR OWN FORM, OR DOWNLOAD
FROM WWW.NJ.GOV/DCA/LGS/P2P A COUNTY-BASED,
CUSTOMIZABLE FORM.
23
APPENDIX G
STOCKHOLDER DISCLOSURE CERTIFICATION
Name of Business:
I certify that the list below contains the names and home addresses of all stockholders holding
10% or more of the issued and outstanding stock of the undersigned.
O
R
I certify that no one stockholder owns 10% or more of the issued and outstanding stock of the
undersigned.
Check the box that represents the type of business organization:
Partnership
Corporation
Sole Proprietorship
Limited Partnership
Limited Liability Corporation
Limited Liability
Partnership
Subchapter S Corporation
Sign and notarize the form below, and, if necessary, complete the stockholder list below.
Stockholders:
Name:
Name:
Home Address:
Home Address:
Name:
Name:
Home Address:
Home Address:
Name:
Name:
Home Address:
Home Address:
Subscribed and sworn before me this day of _, 2 . __________________________
(Affiant)
(Notary Public)
__________________________
(Print name & title of affiant)
My Commission expires:
(Corporate Seal)
--- Document: 2023 RFQ for Board of Adjustment Planner.pdf ---
NOTE: The Town of Morristown Board of Adjustment will consider proposals only from firms or
organizations that have demonstrated the capability and willingness to provide high quality
services in the manner described in this Request for Qualifications.
REQUEST FOR QUALIFICATIONS
FOR THE PROVISION OF PLANNING SERVICES-BOARD OF ADJUSTMENT
CONSULTING PLANNER
ISSUE DATE: November 3, 2022
DUE DATE: December 8, 2022
Issued by:
Town of Morristown
Board of Adjustment
2
GLOSSARY
The following definitions shall apply to and are used in this Request for Qualifications:
"Board" - refers to the Board of Adjustment
"Town" - refers to the Town of Morristown.
"Principals" means persons possessing an ownership interest in the Respondent. If the Respondent is a
corporation, "Principals" shall include each investor who would have any amount of operational control
over the Respondent and every stockholder having an ownership interest of ten percent (10%) or more in
the firm.
"Qualification Statement" - refers to the complete responses to this RFQ submitted by the Respondents.
"Qualified Respondent" - refers to those Respondents who have satisfied the qualification criteria set forth
in this RFQ.
"Respondent" or "Respondents" - refers to the interested firm(s) that submit a Qualification Statement.
“Review Team” – Members of the Board and its legal and/or financial advisors who shall review the
Qualification Statements.
"RFQ" - refers to this Request for Qualifications, including any amendments thereof or supplements thereto.
3
SECTION 1
INTRODUCTION AND GENERAL INFORMATION
1.1.
Introduction and Purpose.
The Board is soliciting Qualification Statements from interested persons and/or firms for the provision of
Consulting Planning Services, as more particularly described herein. Through a Request for Qualification
process described herein, persons and/or firms interested in assisting the Board with the provision of such
services must prepare and submit a Qualification Statement in accordance with the procedures and
schedules in this RFQ. The Board will review Qualification Statements only from those firms that submit
a Qualification Statement which includes all the information required to be included as described herein (in
the sole judgment of the Board). The Board intends to qualify person(s) and/or firm(s) that: (a) possesses
the professional, financial and administrative capabilities to provide the proposed services, and (b) will
agree to work under the compensation terms and conditions determined by the Board to provide the greatest
benefit to the taxpayers of Morristown.
1.2.
Procurement Process and Schedule.
The selection of Qualified Respondents is not subject to the bidding 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-20.4 et seq. and the Morristown Pay to Play Ordinance 2-87. The Board has
structured a procurement process that seeks to obtain the desired results described above, while establishing
a competitive process to assure that each person and/or firm is provided with an equal opportunity to submit
a Qualification Statement in response to the RFQ. Qualification Statements will be evaluated in accordance
with the criteria set forth in Section 5 of this RFQ, which will be applied in the same manner to each
Qualification Statement received. Respondents agree to at all times abide by all requirements of New Jersey
law, including, but not limited to the aforementioned “Pay to Play” laws, as well as any and all relevant
Executive Orders and the New Jersey Election Law Enforcement Commission disclosure requirements.
Qualification Statements will be reviewed and evaluated by the Board and its legal and/or financial advisors
(collectively, the "Review Team"). The Qualification Statements will be reviewed to determine if the
Respondent has met the minimum professional, administrative and financial criteria described in this RFQ.
Under no circumstances will a member of the Review Team review responses to an RFQ for a position
which they or their firm submitted a response. Based upon the totality of the information contained in the
Qualification Statement, including information about the reputation and experience of each Respondent,
the Board will (in its sole judgment) determine which Respondents are qualified from professional,
administrative and financial standpoints. Each Respondent that meets the requirements of the RFQ (in the
sole judgment of the Board) will be designated as a Qualified Respondent and will be given the opportunity
to participate in the selection process determined by the Board.
The RFQ process commences with the issuance of this RFQ. The steps involved in the process and the
anticipated completion dates are set forth in Table 1, Procurement Schedule. The Board reserves the right
to, among other things, amend, modify or alter the Procurement Schedule upon notice to all potential
Respondents.
4
All communications concerning this RFQ or the RFQ process shall be directed to the Board’s Designated
Contact Person, in writing.
Designated Contact Person:
James A. Campbell
Land Use Administrator
200 South St. CN914
2nd Floor, Office of Planning & Zoning
Morristown, NJ 07963-0914
Qualification Statements must be submitted to, and be received by, the Board, by hand delivery or regular
mail, by 4:00 p.m. prevailing time on December 8, 2022. Qualification Statements will not be accepted
by facsimile transmission or e-mail.
Subsequent to issuance of this RFQ, the Board (through the issuance of addenda to all firms that have
received a copy of the RFQ) may modify, supplement or amend the provisions of this RFQ in order to
respond to inquiries received from prospective Respondents or as otherwise deemed necessary or
appropriate by, and in the sole judgment of, the Town.
TABLE 1
ANTICIPATED PROCUREMENT SCHEDULE
ACTIVITY
DATE
1. Issuance of Request for Qualifications
November 3, 2022
2. Receipt of Qualification Statements
December 8, 2022
3. Completion of Evaluation of Qualification Statements by the Review Team
December 15, 2022
4. Town Review of Review Team Recommendations
December 28, 2022
5. Approval of Professional Services Resolution at Zoning Board of Adjustment
Reorganization Meeting
January 4, 2023
Section 1.3.
Conditions Applicable to RFQ.
Upon submission of a Qualification Statement in response to this RFQ, the Respondent acknowledges and
consents to the following conditions relative to the submission and review and consideration of its
Qualification Statement:
•
This document is an RFQ and does not constitute an RFP.
•
This RFQ does not commit the Town to issue an RFP.
5
•
All costs incurred by the Respondent in connection with responding to this RFQ shall be borne
solely by the Respondent.
•
The Board reserves the right, in its sole judgment, to reject for any reason, any and all responses
and components thereof and to eliminate any and all Respondents responding to this RFQ from
further consideration for this procurement.
•
The Board reserves the right, in its sole judgment, to reject any Respondent that submits
incomplete responses to this RFQ, or a Qualification Statement that is not responsive to the
requirements of this RFQ.
•
The Board reserves the right, without prior notice, to supplement, amend, or otherwise modify
this RFQ, or otherwise request additional information.
•
All Qualification Statements shall become the property of the Board and will not be returned.
•
All Qualification Statements will be made available to the public at the appropriate time, as
determined by the Board, in the exercise of its sole discretion, in accordance with applicable
law.
•
The Board may request Respondents to send representatives to the Board for interviews.
•
Any and all Qualification Statements not received by the Board by 4:00 p.m. prevailing time
on December 8, 2022 will be rejected.
•
Neither the Board, its consultants or advisors, nor their respective staffs, including, but not
limited to, the Review Team, shall be liable for any claims or damages resulting from the
solicitation or preparation of the Qualification Statement, nor will there be any reimbursement
to Respondents for the cost of preparing and submitting a Qualification Statement or for
participating in this procurement process.
Section 1.4.
Rights of Board.
The Board reserves, holds and may exercise, at its sole discretion, the following rights and options with
regard to this RFQ and the procurement process in accordance with the provisions of applicable law:
•
To determine that any Qualification Statement received complies or fails to comply with the
terms of this RFQ.
•
To supplement, amend or otherwise modify the RFQ through issuance of addenda to all
prospective Respondents who have received a copy of this RFQ.
•
To waive any technical non-conformance with the terms of this RFQ.
•
To change or alter the schedule for any events called for in this RFQ upon the issuance of notice
to all prospective Respondents who have received a copy of this RFQ.
•
To conduct investigations of any or all of the Respondents, as the Board deems necessary or
6
convenient, to clarify the information provided as part of the Qualification Statement and to
request additional information to support the information included in any Qualification
Statement.
•
To suspend or terminate the procurement process described in this RFQ at any time in the
Board’s sole discretion. If terminated, the Board may determine to commence a new
procurement process or exercise any other rights provided under applicable law without any
obligation to the Respondents.
The Board shall be under no obligation to complete all or any portion of the procurement process described
in this RFQ.
1.5
Addenda or Amendments to RFQ.
During the period provided for the preparation of responses to the RFQ, the Board may issue addenda,
amendments or answers to written inquiries. Those addenda will be noticed by the Board and will constitute
a part of the RFQ. All responses to the RFQ shall be prepared with full consideration of the addenda issued
prior to the proposal submission date.
1.6
Cost of Proposal Preparation.
Each proposal and all information required to be submitted pursuant to the RFQ shall be prepared at the
sole cost and expense of the respondent. There shall be no claims whatsoever against the Board, its staff,
its consultants or such consultants’ staff, for reimbursement for the payment of costs or expenses incurred
in the preparation of the Qualification Statement or other information required by the RFQ.
1.7
Proposal Format.
Responses should cover all information requested in the questions to be answered in this RFQ. Responses
which in the judgment of the Board fail to meet the requirements of the RFQ or which are in any way
conditional, incomplete, obscure, contain additions or deletions from requested information, or contain
errors may be rejected.
SECTION 2
SCOPE OF SERVICES
It is the intent of the Board to solicit Qualification Statements from Respondents that have expertise in the
provision of consulting planning services. Firms and/or persons responding to this RFQ shall be able to
demonstrate that they will have the continuing capabilities to perform these services.
SECTION 3
SUBMISSION REQUIREMENTS
Section 3.1
General Requirements.
The Qualification Statement submitted by the Respondent must meet or exceed the professional,
7
administrative and financial qualifications set forth in this Section 3 and shall incorporate the information
requested below.
In addition to the information required as described below, a Respondent may submit supplemental
information that it believes may be useful in evaluating its Qualification Statement. Respondents are
encouraged to be clear, factual, and concise in their presentation of information.
Section 3.2
Administrative Information Requirements.
The Respondent shall, as part of its Qualification Statement, provide the following information:
1. An executive summary (not to exceed two (2) pages) of the information contained in all the other
parts of the Qualification Statement.
2. An executed Letter of Qualification (See Appendix A to this RFQ).
3. Name, address and telephone number of the firm or firms submitting the Qualification Statement
pursuant to this RFQ, and the name of the key contact person.
4. A description of the business organization (i.e., corporation, partnership, joint venture, etc.) of each
firm, its ownership and its organizational structure.
(a) Provide the names and business addresses of all Principals of the firm or firms submitting the
Qualification Statement. For purposes of this RFQ, "Principals" means persons possessing an
ownership interest in the Respondent. If the Respondent is a corporation, "Principals" shall
include each investor who would have any amount of operational control over the Respondent
and every stockholder having an ownership interest of ten percent (10%) or more in the firm.
(b) If a firm is a partially owned or a fully-owned subsidiary of another firm, identify the parent
company and describe the nature and extent of the parents' approval rights over the activities
of the firm submitting a Qualification Statement. Describe the approval process.
(c) If the Respondent is a partnership or a joint venture or similar organization, provide comparable
information as required in (b) above for each member of the partnership, joint venture or similar
organization.
(d) A statement that the Respondent has complied with all applicable affirmative action (or similar)
requirements with respect to its business activities, together with evidence of such compliance
5. An executed Letter of Intent (See Appendix B).
6. An executed Payment Conditions and Rate Schedules Form (See Appendix C).
7. An executed Americans with Disabilities Act of 1990 Acknowledgement Form (See Appendix D).
8. A completed Business Entity Disclosure Form, Political Contribution Disclosure Form & a
Stockholder Disclosure Certification (Appendices E, F & G).
8
9. The number of years the business organization has been in business under its present name.
10. The number of years the business organization has been under its current management.
11. Any judgments, claims or suits within the last three (3) years in which Respondent has been
adjudicated liable for professional malpractice. If yes, please explain.
12. Whether the business organization is now or has been involved in any bankruptcy or re-
organization proceedings in the last ten (10) years. If yes, please explain.
13. Confirm appropriate federal and state licenses to perform activities. Submit a copy of the Firm’s
Business Registration Certificate.
Section 3.3
Professional Information Requirements.
1. Respondent shall submit a description of its overall experience in providing the type of services
sought in the RFQ. At a minimum, the following information on past experience should be included
as appropriate to the RFQ:
a.
Description and scope of work by Respondent;
b.
Name, address and contact information of references; and
c.
Explanation of perceived relevance of the experience to the RFQ.
2. Describe the services that Respondent would perform directly.
3. Describe those portions of the Respondent’s services, if any, that are sub-contracted out. Identify
all subcontractors the Respondent anticipates using in connection with this project.
4. Does the Respondent normally employ union or non-union employees?
5. Resumes of key employees.
6. A narrative statement of the Respondent’s understanding of the Town’s needs and goals.
7. List all immediate relatives of Principal(s) of Respondent who are Town or Board employees or
elected officials of the Town or Board. For purposes of the above, “immediate relative” means a
spouse, parent, stepparent, brother, sister, child, stepchild, direct-line aunt or uncle, grandparent,
grandchild, and in- laws by reason of relation.
9
SECTION 4
INSTRUCTIONS TO RESPONDENTS
4.1
Submission of Qualification Statements.
Respondents must submit an original and one (1) copy of their Qualification Statement to the Designated
Contact Person:
James A. Campbell
Land Use Administrator
200 South St. PO Box 914
2nd Floor, Office of Planning & Zoning
Morristown, NJ 07963-0914
Qualification Statements must be received by the Board no later than 4:00 p.m. on December 8, 2022, and
must be mailed or hand-delivered. Qualification Statements forwarded by facsimile or e-mail will not be
accepted.
To be responsive, Qualification Statements must provide all requested information, and must be in strict
conformance with the instructions set forth herein. Qualification Statements and all related information
must be bound, and signed and acknowledged by the Respondent.
SECTION 5
EVALUATION
The Board’s objective in soliciting Qualification Statements is to enable it to select a firm or organization
that will provide high quality and cost effective services to the citizens of Morristown. The Board will
consider Qualification Statements only from firms or organizations that, in the Board’s judgment, have
demonstrated the capability and willingness to provide high quality services to the citizens of the Town in
the manner described in this RFQ.
Proposals will be evaluated by the Board and the Town on the basis of the most advantageous, all relevant
factors considered. The evaluation will consider:
1.
Experience and reputation in the field;
2.
Knowledge of the Board and the subject matter addressed under the contract;
3.
Availability to accommodate the required meetings of the Board; and
4.
Other factors demonstrated to be in the best interest of the Board.
10
APPENDIX A
LETTER OF QUALIFICATION
(Note: To be typed on Respondent's Letterhead. No modifications may be made to this letter)
[INSERT DATE]
James A. Campbell
Land Use Administrator
200 South St. CN914
2nd Floor, Office of Planning & Zoning
Morristown, NJ 07963-0914
Dear Mr. Campbell:
The undersigned has reviewed its Qualification Statement submitted in response to the Request for
Qualifications (RFQ) issued by the Town of Morristown Board of Adjustment ("Board"), dated December
8, 2022, in connection with the Board’s need for Planning Services-Consulting Planner.
We affirm that the contents of our Qualification Statement (which Qualification Statement is incorporated
herein by reference), are accurate, factual and complete to the best of our knowledge and belief and that the
Qualification Statement is submitted in good faith upon the express understanding that any false statement
may result in the disqualification of (Name of Respondent).
(Respondent shall sign and complete the spaces provided below. If a joint venture, appropriate officers of
each company shall sign.)
_________________________________
(Signature of Chief Executive Officer)
_________________________________
(Typed Name and Title)
_________________________________
(Type Name of Firm)
Dated:
_________________________________
11
APPENDIX B
LETTER OF INTENT
(Note: To be typed on Respondent's Letterhead. No modifications may be made to this letter)
[INSERT DATE]
James A. Campbell
Land Use Administrator
200 South St. CN914
2nd Floor, Office of Planning & Zoning
Morristown, NJ 07963-0914
Dear Mr. Campbell:
The undersigned, as Respondent, has (have) submitted the attached Qualification Statement in response to
a Request for Qualifications (RFQ), issued by the Town of Morristown Board of Adjustment, dated
December 8, 2022 in connection with the Board’s need for Planning Services – Consulting Planners.
(Name of Respondent) HEREBY STATES:
1.
The Qualification Statement contains accurate, factual and complete information.
2. (Name of Respondent) agrees (agrees) to participate in good faith in the procurement process as
described in the RFQ and to adhere to the Town's procurement schedule.
3. (Name of Respondent) acknowledges (acknowledge) that all costs incurred by it (them) in connection
with the preparation and submission of the Qualification Statement and any proposal prepared and
submitted in response to the RFQ, or any negotiation which results there from shall be borne
exclusively by the Respondent.
4. (Name of Respondent) hereby declares (declare) that the only persons participating in this Qualification
Statement as Principals are named herein and that no person other than those herein mentioned has
any participation in this Qualification Statement or in any contract to be entered into with respect
thereto. Additional persons may subsequently be included as participating Principals, but only if
acceptable to the Town. (Name of Respondent) declares that this Qualification Statement is made
without connection with any other person, firm or parties who has submitted a Qualification
Statement, except as expressly set forth below and that it has been prepared and has been submitted
in good faith and without collusion or fraud.
5. (Name of Respondent) acknowledges and agrees that the Town may modify, amend, suspend and/or
terminate the procurement process (in its sole judgment). In any case, the Board shall not have any
liability to the Respondent for any costs incurred by the Respondent with respect to the procurement
activities described in this RFQ.
12
6. (Name of Respondent) acknowledges that any contract executed with respect to the provision of
Planning Services – Consulting Planners must comply with all applicable affirmative action and
similar laws. Respondent hereby agrees to take such actions as are required in order to comply with
such applicable laws.
(Respondent shall sign and complete the space provided below. If a joint venture, appropriate officers of
each company shall sign.)
_________________________________
(Signature of Chief Executive Officer)
_________________________________
(Typed Name and Title)
_________________________________
(Type Name of Firm)
Dated:
13
APPENDIX C
PAYMENT CONDITIONS AND RATE SCHEDULES
1.
The Town of Morristown wishes to approve the qualifications of a planning firm or firms to provide
Consulting Planning Services to the Board for 2022. Upon appointment to the position of Consulting Planner,
no work or compensation is guaranteed, however. Instead, the Town will approve proposals for projects
(including compensation terms) on an as needed basis. This will be done by a Resolution of the Board of
Adjustment. By submitting a response to this RFQ, the Respondent acknowledges that it will not propose or charge
hourly rates that exceed those listed below:
Partner ............................................................................................................................... $150.00 Per Hour
Principal ............................................................................................................................ $145.00 Per Hour
Project Manager ................................................................................................................ $139.00 Per Hour
2.
The Professional shall be reimbursed at cost for expenses incurred for duplication, filing fees and other
reasonable and approved out-of-pocket expenses advanced and/or incurred by them. The Professional shall be
reimbursed for direct charges including disbursements that are actual expenses incurred by the Professional and
or/their associated Firm in connection with such engineering services and approved by the Board, and shall
include, but not be limited to:
a.
Telegrams, faxes and long distance (Out-of-State) telephone calls;
b.
Payment of filing, application fees, review fees and similar charges;
c.
Computer expenses including time and proprietary program charges;
d.
Outside printing, reproduction, binding, collating and other graphic services;
e.
Messenger service, postage and handling of drawing and specifications, reports, contracts and
other bulky items.
3. Monthly invoices shall be submitted detailing all services performed.
Signature: The undersigned hereby acknowledges and accepts the established payment terms.
Name of Respondent/Firm:
Print name and title:
Signature:
Date:
ATTEST:
______________________________
Witness
14
APPENDIX D
AMERICANS WITH DISABILITIES ACT OF 1990
ACKNOWLEDGEMENT FORM
This form is an agreement of the successful Vendor’s obligation to comply with the requirements of 42 U.S.C.
§121.01 et seq., referred to as the Americans Disability Act of 1990.
The undersigned Vendor hereby acknowledges receipt of the Americans with Disabilities Act of 1990 found at
Appendix B of this packet.
The undersigned Vendor hereby certifies that he/she is aware of the commitment to comply with the requirements
of 42 U.S.C. §121.01 et seq. and agrees to furnish any required forms as evidence of compliance.
The undersigned Vendor further certifies that he/she understands that his/her proposal shall be rejected as non-
responsive and any contract entered into shall be void and of no effect if said Vendor fails to comply with the
requirements of 42 U.S.C. §121.01 et seq.
COMPANY: ___________________________ TITLE: ______________________________
PRINT NAME: __________________________SIGNATURE:_______________________________
DATE:______________________
15
APPENDIX E
BUSINESS ENTITY DISCLOSURE CERTIFICATION
PURSUANT TO CHAPTER 2, SECTION 2-87, PUBLIC CONTRACTING REFORM
ORDINANCE, OF THE CODE OF TOWN OF MORRISTOWN, NEW JERSEY
T OWN OF MORRISTOWN
Part I – Vendor Affirmation
The undersigned, being authorized and knowledgeable of the circumstances, does hereby certify that
has not made and will not make any contributions pursuant to Chapter 2, Section 2-87, Public
Contracting Reform Ordinance, of the Code of the Town of Morristown, that would bar the award of this contract in the one
year period preceding
(date of award scheduled for approval of the contract by the governing body) to any of the following named
candidate committee, joint candidates committee; or political party committee representing the elected officials of the Town
of Morristown as defined pursuant to N.J.S.A. 19:44A-3(p), (q) and (r).
Mayor Timothy Dougherty
Councilperson Michael Elms
Councilperson Toshiba Foster
Councilperson Tawanna Cotten
Councilperson Stefan Armington
Councilperson David Silva
Councilperson Robert Iannacone
Councilperson Sandi Mayer
Morristown Democratic Organization
Morristown Republican Organization
Morris County Party Committee
Any other Committee referred to in the Ordinance
Part II – Ownership Disclosure Certification
I certify that the list below contains the names and home addresses of all owners holding 10% or more of the issued
and outstanding stock of the undersigned.
Check the box that represents the type of business entity:
Partnership
Corporation
Sole Proprietorship
Subchapter S Corporation
Limited Partnership Limited Liability Corporation
Limited Liability Partnership
Name of Stock or Shareholder
Home Address
Part 3 – Signature and Attestation:
The undersigned is fully aware that if I have misrepresented in whole or part this affirmation and certification, I
and/or the business entity, will be liable for any penalty permitted under law. Name of
Business Entity:
Signed:
Print Name:
Title:
Date:
Subscribed and sworn before me this
day of
, 2 .
My Commission expires:
(Affiant)
(Print name & title of affiant) (Corporate Seal)
16
BUSINESS ENTITY DISCLOSURE CERTIFICATION
FOR NON-FAIR AND OPEN CONTRACTS Required
Pursuant To N.J.S.A. 19:44A-20.8
T OWN OF M OR R IST OWN
The following is statutory text related to the terms and citations used in the Business Entity Disclosure
Certification form.
“Local Unit Pay-To-Play Law” (P.L. 2004, c.19, as amended by P.L. 2005, c.51)
19:44A-20.6 Certain contributions deemed as contributions by business entity.
5. When a business entity is a natural person, a contribution by that person's spouse or child, residing therewith, shall be deemed
to be a contribution by the business entity. When a business entity is other than a natural person, a contribution by any person
or other business entity having an interest therein shall be deemed to be a contribution by the business entity.
19:44A-20.7 Definitions relative to certain campaign contributions.
6. As used in sections 2 through 12 of this act:
“business entity" means any natural or legal person, business corporation, professional services corporation, limited liability
company, partnership, limited partnership, business trust, association or any other legal commercial entity organized under the
laws of this State or of any other state or foreign jurisdiction;
“interest" means the ownership or control of more than 10% of the profits or assets of a business entity or 10% of the stock in
the case of a business entity that is a corporation for profit, as appropriate;
Temporary and Executing
12. Nothing contained in this act shall be construed as affecting the eligibility of any business entity to perform a public
contract because that entity made a contribution to any committee during the one-year period immediately preceding the effective
date of this act.
The New Jersey Campaign Contributions and Expenditures Reporting Act (N.J.S.A. 19:44A-1 et seq.)
19:44A-3 Definitions. In pertinent part…
p. The term "political party committee" means the State committee of a political party, as organized pursuant to R.S.19:5-4,
any county committee of a political party, as organized pursuant to R.S.19:5-3, or any municipal committee of a political
party, as organized pursuant to R.S.19:5-2.
q. The term "candidate committee" means a committee established pursuant to subsection a. of section 9 of
P.L.1973, c.83 (C.19:44A-9) for the purpose of receiving contributions and making expenditures.
r. the term "joint candidates committee" means a committee established pursuant to subsection a. of section 9 of P.L.1973, c.83
(C.19:44A-9) by at least two candidates for the same elective public offices in the same election in a legislative district, county,
municipality or school district, but not more candidates than the total number of the same elective public offices to be filled in
that election, for the purpose of receiving contributions and making expenditures. For the purpose of this subsection: …; the
offices of member of the board of chosen freeholders
and county executive shall be deemed to be the same elective public offices in a county; and the offices of mayor and
member of the municipal governing body shall be deemed to be the same elective public offices in a municipality.
19:44A-8 and 16 Contributions, expenditures, reports, requirements.
While the provisions of this section are too extensive to reprint here, the following is deemed to be the pertinent part affecting amounts of contributions:
“The $300 limit established in this subsection shall remain as stated in this subsection without further adjustment by the
commission in the manner prescribed by section 22 of P.L.1993, c.65 (C.19:44A-7.2)
17
APPENDIX F
C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM
Public Agency Instructions
This page provides guidance to public agencies entering into contracts with business entities that are required to file
Political Contribution Disclosure forms with the agency. It is not intended to be provided to contractors. What
follows are instructions on the use of form local units can provide to contractors that are required to disclose
political contributions pursuant to N.J.S.A.
19:44A-20.26 (P.L. 2005, c. 271, s.2). Additional information on the process is available in
Local Finance Notice 2006-1 (www.nj.gov/dca/lgs/lfns/lfnmenu.shtml).
1. The disclosure is required for all contracts in excess of $17,500 that are not awarded pursuant to a “fair and
open” process (N.J.S.A. 19:44A-20.7).
2. Due to the potential length of some contractor submissions, the public agency should consider allowing
data to be submitted in electronic form (i.e., spreadsheet, pdf file, etc.). Submissions must be kept with the
contract documents or in an appropriate computer file and be available for public access. The form is
worded to accept this alternate submission. The text should be amended if electronic submission will
not be allowed.
3. The submission must be received from the contractor and on file at least 10 days prior to award of the
contract. Resolutions of award should reflect that the disclosure has been received and is
on file.
4. The contractor must disclose contributions made to candidate and party committees covering a wide range of
public agencies, including all public agencies that have elected officials in the county of the public agency,
state legislative positions, and various state entities. The Division of Local Government Services
recommends that contractors be provided a list of the affected agencies. This will assist contractors in
determining the campaign and political committees of the officials and candidates affected by the disclosure.
a. The Division has prepared model disclosure forms for each county. They can be
downloaded from the “County PCD Forms” link on the Pay-to-Play web site at
www.nj.gov/dca/lgs/p2p. They will be updated from time-to-time as necessary.
b. A public agency using these forms should edit them to properly reflect the correct legislative
district(s). As the forms are county-based, they list all legislative districts in each county.
Districts that do not represent the public agency should be removed from the lists.
c.
Some contractors may find it easier to provide a single list that covers all contributions,
regardless of the county. These submissions are appropriate and should be accepted.
d. The form may be used “as-is”, subject to edits as described herein.
e.
The “Contractor Instructions” sheet is intended to be provided with the form. It is recommended
that the Instructions and the form be printed on the same piece of paper. The form notes that the
Instructions are printed on the back of the form; where that is not the case, the text should be
edited accordingly.
f.
The form is a Word document and can be edited to meet local needs, and posted for download on
web sites, used as an e-mail attachment, or provided as a printed document.
5. It is recommended that the contractor also complete a “Stockholder Disclosure Certification.” This will
assist the local unit in its obligation to ensure that contractor did not make any prohibited contributions to
the committees listed on the Business Entity Disclosure Certification in the 12 months prior to the contract.
(See Local Finance Notice 2006-7 for additional information on this obligation) A sample Certification
form is part of this package and the instruction to complete it is included in the Contractor Instructions.
NOTE: This section is not applicable to Boards of Education.
18
C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM
Contractor Instructions
Business entities (contractors) receiving contracts from a public agency that are NOT awarded pursuant to a “fair and
open” process (defined at N.J.S.A. 19:44A-20.7) are subject to the provisions of P.L. 2005, c.
271, s.2 (N.J.S.A. 19:44A-20.26). This law provides that 10 days prior to the award of such a contract, the contractor
shall disclose contributions to:
•
any State, county, or municipal committee of a political party
•
any legislative leadership committee*
•
any continuing political committee (a.k.a., political action committee)
•
any candidate committee of a candidate for, or holder of, an elective office:
o
of the public entity awarding the contract
o
of that county in which that public entity is located
o
of another public entity within that county
o
or of a legislative district in which that public entity is located or, when the
public entity is a county, of any legislative district which includes all or part
of the county
The disclosure must list reportable contributions to any of the committees that exceed $300 per election cycle that
were made during the 12 months prior to award of the contract. See N.J.S.A. 19:44A-8 and
19:44A-16 for more details on reportable contributions.
N.J.S.A. 19:44A-20.26 itemizes the parties from whom contributions must be disclosed when a business entity is not
a natural person. This includes the following:
•
individuals with an “interest” ownership or control of more than 10% of the profits or assets of a
business entity or 10% of the stock in the case of a business entity that is a corporation for profit
•
all principals, partners, officers, or directors of the business entity or their spouses
•
any subsidiaries directly or indirectly controlled by the business entity
•
IRS Code Section 527 New Jersey based organizations, directly or indirectly controlled by the
business entity and filing as continuing political committees, (PACs).
When the business entity is a natural person, “a contribution by that person’s spouse or child, residing therewith,
shall be deemed to be a contribution by the business entity.” [N.J.S.A. 19:44A-20.26(b)] The contributor must be
listed on the disclosure.
Any business entity that fails to comply with the disclosure provisions shall be subject to a fine imposed by ELEC
in an amount to be determined by the Commission which may be based upon the amount that the business entity
failed to report.
The enclosed list of agencies is provided to assist the contractor in identifying those public agencies whose elected
official and/or candidate campaign committees are affected by the disclosure requirement. It is the contractor’s
responsibility to identify the specific committees to which contributions may have been made and need to be
disclosed. The disclosed information may exceed the minimum requirement.
The enclosed form, a content-consistent facsimile, or an electronic data file containing the required details (along
with a signed cover sheet) may be used as the contractor’s submission and is disclosable to the public under the Open
Public Records Act.
The contractor must also complete the attached Stockholder Disclosure Certification. This will assist the agency in
meeting its obligations under the law. NOTE: This section does not apply to Board of Education contracts.
* N.J.S.A. 19:44A-3(s): “The term "legislative leadership committee" means a committee established, authorized to
be established, or designated by the President of the Senate, the Minority Leader of the Senate, the Speaker of the
General Assembly or the Minority Leader of the General Assembly pursuant to section 16 of P.L.1993, c.65
(C.19:44A-10.1) for the purpose of receiving contributions and making expenditures.”
19
Required Pursuant To N.J.S.A. 19:44A-20.26
This form or its permitted facsimile must be submitted to the local unit
no later than 10 days prior to the award of the contract.
Part I – Vendor Information
Vendor Name:
Address:
City:
State:
Zip:
The undersigned being authorized to certify, hereby certifies that the submission provided herein represents
compliance with the provisions of N.J.S.A. 19:44A-20.26 and as represented by the Instructions accompanying this
form.
Signature
Printed Name
Title
Part II – Contribution Disclosure
Disclosure requirement: Pursuant to N.J.S.A. 19:44A-20.26 this disclosure must include all reportable political
contributions (more than $300 per election cycle) over the 12 months prior to submission to the committees of the
government entities listed on the form provided by the local unit.
Check here if disclosure is provided in electronic form.
Contributor Name
Recipient Name
Date
Dollar Amount
$
Check here if the information is continued on subsequent page(s)
20
Continuation Page
C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM
Required Pursuant To N.J.S.A. 19:44A-20.26
Page
of
Vendor Name:
Contributor Name
Recipient Name
Date
Dollar Amount
$
Check here if the information is continued on subsequent page(s)
21
List of Agencies with Elected Officials Required for Political Contribution Disclosure
N.J.S.A. 19:44A-20.26
County Name:
State: Governor, and Legislative Leadership Committees
Legislative District #s:
State Senator and two members of the General Assembly per district.
County:
Freeholders
County Clerk
Sheriff
{County Executive}
Surrogate
Municipalities (Mayor and members of governing body, regardless of title):
Mayor Timothy Dougherty
Councilperson Michael Elms
Councilperson Toshiba Foster
Councilperson Tawanna Cotten
Councilperson Stefan Armington
Councilperson David Silva
Councilperson Robert Iannacone
Councilperson Sandi Mayer
Morristown Democratic Organization
Morristown Republican Organization
Morris County Party Committee
Any other Committee referred to in the Ordinance
USERS SHOULD CREATE THEIR OWN FORM, OR DOWNLOAD
FROM WWW.NJ.GOV/DCA/LGS/P2P A COUNTY-BASED,
CUSTOMIZABLE FORM.
22
APPENDIX G
STOCKHOLDER DISCLOSURE CERTIFICATION
Name of Business:
I certify that the list below contains the names and home addresses of all stockholders holding
10% or more of the issued and outstanding stock of the undersigned.
O
R
I certify that no one stockholder owns 10% or more of the issued and outstanding stock of the
undersigned.
Check the box that represents the type of business organization:
Partnership
Corporation
Sole Proprietorship
Limited Partnership
Limited Liability Corporation
Limited Liability
Partnership
Subchapter S Corporation
Sign and notarize the form below, and, if necessary, complete the stockholder list below.
Stockholders:
Name:
Name:
Home Address:
Home Address:
Name:
Name:
Home Address:
Home Address:
Name:
Name:
Home Address:
Home Address:
Subscribed and sworn before me this day of _, 2 . __________________________
(Affiant)
(Notary Public)
__________________________
(Print name & title of affiant)
My Commission expires:
(Corporate Seal)
--- Document: 2023 RFQ for Board of Adjustment Attorney.pdf ---
NOTE: The Town of Morristown Board of Adjustment will consider proposals only from
firms or organizations that have demonstrated the capability and willingness to provide high
quality services in the manner described in this Request for Qualifications.
REQUEST FOR QUALIFICATIONS
FOR THE PROVISION OF LEGAL SERVICES – BOARD OF ADJUSTMENT
ATTORNEY
ISSUE DATE: November 3, 2022
DUE DATE: December 8, 2022
Issued by:
Town of Morristown
Board of Adjustment
2
GLOSSARY
The following definitions shall apply to and are used in this Request for Qualifications:
"Board" - refers to the Board of Adjustment
"Town" - refers to the Town of Morristown.
"Principals" means persons possessing an ownership interest in the Respondent. If the Respondent is a
corporation, "Principals" shall include each investor who would have any amount of operational control
over the Respondent and every stockholder having an ownership interest of ten percent (10%) or more in
the firm.
"Qualification Statement" - refers to the complete responses to this RFQ submitted by the Respondents.
"Qualified Respondent" - refers to those Respondents who have satisfied the qualification criteria set forth
in this RFQ.
"Respondent" or "Respondents" - refers to the interested firm(s) that submit a Qualification Statement.
“Review Team” – Members of the Board, the Town and thier legal and/or financial advisors who shall
review the Qualification Statements.
"RFQ" - refers to this Request for Qualifications, including any amendments thereof or supplements thereto.
3
SECTION 1
INTRODUCTION AND GENERAL INFORMATION
1.1.
Introduction and Purpose.
The Board is soliciting Qualification Statements from interested persons and/or firms for the provision of
Legal Services, as more particularly described herein. Through a Request for Qualification process
described herein, persons and/or firms interested in assisting the Board with the provision of such services
must prepare and submit a Qualification Statement in accordance with the procedures and schedules in this
RFQ. The Board will review Qualification Statements only from those firms that submit a Qualification
Statement which includes all the information required to be included as described herein (in the sole
judgment of the Board). The Board intends to qualify person(s) and/or firm(s) that: (a) possesses the
professional, financial and administrative capabilities to provide the proposed services, and (b) will agree
to work under the compensation terms and conditions determined by the Town to provide the greatest
benefit to the taxpayers of Morristown.
1.2.
Procurement Process and Schedule.
The selection of Qualified Respondents is not subject to the bidding provisions of the Local Public
Contracts Law, N.J.S.A. 40A:11-1 et seq. The selection is subject N.J.S.A. 19:44A-20.4 et seq. and
Morristown Pay to Play Ordinance 2-87. The Board has structured a procurement process that seeks to
obtain the desired results described above, while establishing a competitive process to assure that each
person and/or firm is provided with an equal opportunity to submit a Qualification Statement in response
to the RFQ. Qualification Statements will be evaluated in accordance with the criteria set forth in Section
5 of this RFQ, which will be applied in the same manner to each Qualification Statement received.
Respondents agree to at all times abide by all requirements of New Jersey law, including, but not limited
to the aforementioned “Pay to Play” laws, as well as any and all relevant Executive Orders and the New
Jersey Election Law Enforcement Commission disclosure requirements.
Qualification Statements will be reviewed and evaluated by the Town, the Board and its legal and/or
financial advisors (collectively, the "Review Team"). The Qualification Statements will be reviewed to
determine if the Respondent has met the minimum professional, administrative and financial criteria
described in this RFQ. Under no circumstances will a member of the Review Team review responses to an
RFQ for a position which they or their firm submitted a response. Based upon the totality of the information
contained in the Qualification Statement, including information about the reputation and experience of each
Respondent, the Board will (in its sole judgment) determine which Respondents are qualified from
professional, administrative and financial standpoints. Each Respondent that meets the requirements of the
RFQ (in the sole judgment of the Board) will be designated as a Qualified Respondent and will be given
the opportunity to participate in the selection process determined by the Board.
4
The RFQ process commences with the issuance of this RFQ. The steps involved in the process and the
anticipated completion dates are set forth in Table 1, Procurement Schedule. The Town reserves the right
to, among other things, amend, modify or alter the Procurement Schedule upon notice to all potential
Respondents.
All communications concerning this RFQ or the RFQ process shall be directed to the Board’s Designated
Contact Person, in writing.
Designated Contact Person:
James A. Campbell
Land Use Administrator
200 South St. PO Box 914
2nd Floor, Office of Planning & Zoning
Morristown, NJ 07963-0914
Qualification Statements must be submitted to, and be received by, the Board, by hand delivery or regular
mail, by 4:00 p.m. prevailing time on December 8, 2022. Qualification Statements will not be accepted by
facsimile transmission or e-mail. Subsequent to issuance of this RFQ, the Board (through the issuance of
addenda to all firms that have received a copy of the RFQ) may modify, supplement or amend the provisions
of this RFQ in order to respond to inquiries received from prospective Respondents or as otherwise deemed
necessary or appropriate by, and in the sole judgment of the Board.
TABLE 1
ANTICIPATED PROCUREMENT SCHEDULE
ACTIVITY
DATE
1. Issuance of Request for Qualifications
November 3, 2022
2. Receipt of Qualification Statements
December 8, 2022
3. Completion of Evaluation of Qualification Statements by the Review Team
December 15, 2022
4. Town Review of Review Team Recommendations
December 28, 2022
5. Approval of Professional Services Resolution at Zoning Board of Adjustment
Reorganization Meeting
January 4, 2023
5
Section 1.3.
Conditions Applicable to RFQ.
Upon submission of a Qualification Statement in response to this RFQ, the Respondent acknowledges and
consents to the following conditions relative to the submission and review and consideration of its
Qualification Statement:
•
This document is an RFQ and does not constitute an RFP.
•
This RFQ does not commit the Town to issue an RFP.
•
All costs incurred by the Respondent in connection with responding to this RFQ shall be borne
solely by the Respondent.
•
The Board reserves the right, in its sole judgment, to reject for any reason, any and all responses
and components thereof and to eliminate any and all Respondents responding to this RFQ from
further consideration for this procurement.
•
The Board reserves the right, in its sole judgment, to reject any Respondent that submits incomplete
responses to this RFQ, or a Qualification Statement that is not responsive to the requirements of
this RFQ.
•
The Board reserves the right, without prior notice, to supplement, amend, or otherwise modify this
RFQ, or otherwise request additional information.
•
All Qualification Statements shall become the property of the Board and will not be returned.
•
All Qualification Statements will be made available to the public at the appropriate time, as
determined by the Board, in the exercise of its sole discretion, in accordance with applicable law.
•
The Board may request Respondents to send representatives to the Board for interviews.
•
Any and all Qualification Statements not received by the Board by 4:00 p.m. prevailing time on
December 8, 2022 will be rejected.
•
Neither the Board, its consultants or advisors, nor their respective staffs, including, but not limited
to, the Review Team, shall be liable for any claims or damages resulting from the solicitation or
preparation of the Qualification Statement, nor will there be any reimbursement to Respondents for
the cost of preparing and submitting a Qualification Statement or for participating in this
procurement process.
Section 1.4.
Rights of Board.
The Board reserves, holds and may exercise, at its sole discretion, the following rights and options with
regard to this RFQ and the procurement process in accordance with the provisions of applicable law:
•
To determine that any Qualification Statement received complies or fails to comply with the terms
of this RFQ.
6
•
To supplement, amend or otherwise modify the RFQ through issuance of addenda to all prospective
Respondents who have received a copy of this RFQ.
•
To waive any technical non-conformance with the terms of this RFQ.
•
To change or alter the schedule for any events called for in this RFQ upon the issuance of notice to
all prospective Respondents who have received a copy of this RFQ.
•
To conduct investigations of any or all of the Respondents, as the Board deems necessary or
convenient, to clarify the information provided as part of the Qualification Statement and to request
additional information to support the information included in any Qualification Statement.
•
To suspend or terminate the procurement process described in this RFQ at any time in the Board’s
sole discretion. If terminated, the Board may determine to commence a new procurement process
or exercise any other rights provided under applicable law without any obligation to the
Respondents.
The Board shall be under no obligation to complete all or any portion of the procurement process described
in this RFQ.
1.5
Addenda or Amendments to RFQ.
During the period provided for the preparation of responses to the RFQ, the Board may issue addenda,
amendments or answers to written inquiries. Those addenda will be noticed by the Board and will constitute
a part of the RFQ. All responses to the RFQ shall be prepared with full consideration of the addenda issued
prior to the proposal submission date.
1.6
Cost of Proposal Preparation.
Each proposal and all information required to be submitted pursuant to the RFQ shall be prepared at the
sole cost and expense of the respondent. There shall be no claims whatsoever against the Board, its staff,
its consultants or such consultants’ staff, for reimbursement for the payment of costs or expenses incurred
in the preparation of the Qualification Statement or other information required by the RFQ.
1.7
Proposal Format.
Responses should cover all information requested in the questions to be answered in this RFQ. Responses
which in the judgment of the Board fail to meet the requirements of the RFQ or which are in any way
conditional, incomplete, obscure, contain additions or deletions from requested information, or contain
errors may be rejected.
SECTION 2
SCOPE OF SERVICES
It is the intent of the Board to solicit Qualification Statements from Respondents that have expertise in the
provision of legal services. Firms and/or persons responding to this RFQ shall be able to demonstrate that
they will have the continuing capabilities to perform these services.
7
SECTION 3
SUBMISSION REQUIREMENTS
Section 3.1
General Requirements.
The Qualification Statement submitted by the Respondent must meet or exceed the professional,
administrative and financial qualifications set forth in this Section 3 and shall incorporate the information
requested below.
In addition to the information required as described below, a Respondent may submit supplemental
information that it believes may be useful in evaluating its Qualification Statement. Respondents are
encouraged to be clear, factual, and concise in their presentation of information.
Section 3.2
Administrative Information Requirements.
The Respondent shall, as part of its Qualification Statement, provide the following information:
1.
An executive summary (not to exceed two (2) pages) of the information contained in all the other
parts of the Qualification Statement.
2.
An executed Letter of Qualification (See Appendix A to this RFQ).
3.
Name, address and telephone number of the firm or firms submitting the Qualification Statement
pursuant to this RFQ, and the name of the key contact person.
4.
A description of the business organization (i.e., corporation, partnership, joint venture, etc.) of each
firm, its ownership and its organizational structure.
(a)
Provide the names and business addresses of all Principals of the firm or firms submitting
the Qualification Statement. For purposes of this RFQ, "Principals" means persons
possessing an ownership interest in the Respondent. If the Respondent is a corporation,
"Principals" shall include each investor who would have any amount of operational control
over the Respondent and every stockholder having an ownership interest of ten percent
(10%) or more in the firm.
(b)
If a firm is a partially owned or a fully-owned subsidiary of another firm, identify the parent
company and describe the nature and extent of the parents' approval rights over the
activities of the firm submitting a Qualification Statement. Describe the approval process.
(c)
If the Respondent is a partnership or a joint venture or similar organization, provide
comparable information as required in (b) above for each member of the partnership, joint
venture or similar organization.
(d)
A statement that the Respondent has complied with all applicable affirmative action (or
similar) requirements with respect to its business activities, together with evidence of such
compliance
8
5.
An executed Letter of Intent (See Appendix B).
6.
An executed Payment Conditions and Rate Schedules Form (See Appendix C).
7.
An executed Americans with Disabilities Act of 1990 Acknowledgement Form (See Appendix D).
8.
A completed Business Entity Disclosure Form, Political Contribution Disclosure Form & a
Stockholder Disclosure Certification (Appendices E, F & G).
9.
The number of years the business organization has been in business under its present name.
10.
The number of years the business organization has been under its current management.
11.
Any judgments, claims or suits within the last three (3) years in which Respondent has been
adjudicated liable for professional malpractice. If yes, please explain.
12.
Whether the business organization is now or has been involved in any bankruptcy or re-
organization proceedings in the last ten (10) years. If yes, please explain.
13.
Confirm appropriate federal and state licenses to perform activities. Submit a copy of the Firm’s
Business Registration Certificate.
Section 3.3
Professional Information Requirements.
1. Respondent shall submit a description of its overall experience in providing the type of services
sought in the RFQ. At a minimum, the following information on past experience should be included
as appropriate to the RFQ:
a.
Description and scope of work by Respondent;
b.
Name, address and contact information of references; and
c.
Explanation of perceived relevance of the experience to the RFQ.
2.
Describe the services that Respondent would perform directly.
3. Describe those portions of the Respondent’s services, if any, that are sub-contracted out. Identify
all subcontractors the Respondent anticipates using in connection with this project.
4.
Does the Respondent normally employ union or non-union employees?
5.
Resumes of key employees.
6.
A narrative statement of the Respondent’s understanding of the Town’s needs and goals.
7. List all immediate relatives of Principal(s) of Respondent who are Town or Board employees or
elected officials of the Town or Board. For purposes of the above, “immediate relative” means a
spouse, parent, stepparent, brother, sister, child, stepchild, direct-line aunt or uncle, grandparent,
grandchild, and in- laws by reason of relation.
9
SECTION 4
INSTRUCTIONS TO RESPONDENTS
4.1
Submission of Qualification Statements.
Respondents must submit an original and one (1) copy of their Qualification Statement to the Designated
Contact Person:
James A. Campbell
Land Use Administrator
200 South St. PO Box 914
2nd Floor, Office of Planning & Zoning
Morristown, NJ 07963-0914
Qualification Statements must be received no later than 4:00 p.m. (prevailing time) on December 8, 2022,
and must be mailed or hand-delivered. Qualification Statements forwarded by facsimile or e-mail will not
be accepted.
To be responsive, Qualification Statements must provide all requested information, and must be in strict
conformance with the instructions set forth herein. Qualification Statements and all related information
must be bound, and signed and acknowledged by the Respondent.
SECTION 5
EVALUATION
The Board’s objective in soliciting Qualification Statements is to enable it to select a firm or organization
that will provide high quality and cost effective services to the citizens of Morristown. The Town will
consider Qualification Statements only from firms or organizations that, in the Town’s judgment, have
demonstrated the capability and willingness to provide high quality services to the citizens of the Town in
the manner described in this RFQ.
Proposals will be evaluated by the Town on the basis of the most advantageous, all relevant factors
considered. The evaluation will consider:
1.
Experience and reputation in the field;
2.
Knowledge of the Board and the subject matter addressed under the contract;
3.
Availability to accommodate the required meetings of the Board; and
4.
Other factors demonstrated to be in the best interest of the Board.
10
APPENDIX A
LETTER OF QUALIFICATION
(Note: To be typed on Respondent's Letterhead. No modifications may be made to this letter)
[INSERT DATE]
Attn: James A. Campbell
Land Use Administrator
Town of Morristown
200 South St. CN914, 2nd Floor Zoning Office
Morristown, NJ 07963-0914
Dear Mr. Campbell:
The undersigned has reviewed its Qualification Statement submitted in response to the Request for
Qualifications (RFQ) issued by the Town of Morristown Board of Adjustment ("Board"), dated December
8, 2022, in connection with the Board’s need for Legal Services-Board of Adjustment Attorney.
We affirm that the contents of our Qualification Statement (which Qualification Statement is incorporated
herein by reference), are accurate, factual and complete to the best of our knowledge and belief and that the
Qualification Statement is submitted in good faith upon the express understanding that any false statement
may result in the disqualification of (Name of Respondent).
(Respondent shall sign and complete the spaces provided below. If a joint venture, appropriate officers of
each company shall sign.)
_______________________________
(Signature of Chief Executive Officer)
_______________________________
(Typed Name and Title)
_______________________________
(Type Name of Firm)
Dated: _________________________
11
APPENDIX B
LETTER OF INTENT
(Note: To be typed on Respondent's Letterhead. No modifications may be made to this letter)
[INSERT DATE]
Attn: James A. Campbell
Land Use Administrator
Town of Morristown
200 South St. CN914, 2nd Floor Zoning Office
Morristown, NJ 07963-0914
Dear Mr. Campbell:
The undersigned, as Respondent, has (have) submitted the attached Qualification Statement in response to
a Request for Qualifications (RFQ), issued by the Town of Morristown Board of Adjustment ("Board"),
dated December 8, 2022 in connection with the Board’s need for Legal Services-Board of Adjustment
Attorney.
(Name of Respondent) HEREBY STATES:
1.
The Qualification Statement contains accurate, factual and complete information.
2. (Name of Respondent) agrees (agrees) to participate in good faith in the procurement process as
described in the RFQ and to adhere to the Town's procurement schedule.
3. (Name of Respondent) acknowledges (acknowledge) that all costs incurred by it (them) in connection
with the preparation and submission of the Qualification Statement and any proposal prepared and
submitted in response to the RFQ, or any negotiation which results there from shall be borne
exclusively by the Respondent.
4. (Name of Respondent) hereby declares (declare) that the only persons participating in this
Qualification Statement as Principals are named herein and that no person other than those herein
mentioned has any participation in this Qualification Statement or in any contract to be entered into
with respect thereto. Additional persons may subsequently be included as participating Principals,
but only if acceptable to the Board. (Name of Respondent) declares that this Qualification
Statement is made without connection with any other person, firm or parties who has submitted a
Qualification Statement, except as expressly set forth below and that it has been prepared and has
been submitted in good faith and without collusion or fraud.
12
5. (Name of Respondent) acknowledges and agrees that the Board may modify, amend, suspend and/or
terminate the procurement process (in its sole judgment). In any case, the Board shall not have any
liability to the Respondent for any costs incurred by the Respondent with respect to the procurement
activities described in this RFQ.
6. (Name of Respondent) acknowledges that any contract executed with respect to the provision of
Legal Services-Board of Adjustment Attorney must comply with all applicable affirmative
action and similar laws. Respondent hereby agrees to take such actions as are required in order to
comply with such applicable laws.
(Respondent shall sign and complete the space provided below. If a joint venture, appropriate officers of
each company shall sign.)
_______________________________
(Signature of Chief Executive Officer)
_______________________________
(Typed Name and Title)
_______________________________
(Type Name of Firm)
Dated: _________________________
13
APPENDIX C
PAYMENT CONDITIONS AND RATE SCHEDULES
1.
The Town of Morristown wishes to approve the qualifications of a law firm or firms to provide Board
of Adjustment Attorney Services to the Board for 2022. Upon appointment to the position of
Attorney, no work or compensation is guaranteed, however. This will be done by a Resolution of the
Board of Adjustment. By submitting a response to this RFQ, the Respondent acknowledges that it will
not propose or charge hourly rates that exceed One Hundred and Fifty Dollars ($150) for attorneys.
2.
Counsel shall be reimbursed at cost for expenses incurred for duplication, filing fees, court
reporters and other reasonable and approved out-of-pocket expenses advanced and/or incurred
by counsel. Counsel shall be reimbursed for direct charges including disbursements that are
actual expenses incurred by the Professional and or/their associated Firm in connection with such
legal services and approved by the Board, and shall include, but not be limited to:
a. Telegrams, faxes and long distance (Out-of-State) telephone calls;
b. Payment of filing, application fees, review fees and similar charges;
c. Computer expenses including time and proprietary program charges;
d. Outside printing, reproduction, binding, collating and other graphic services;
e. Messenger service, postage and handling of drawing and specifications, reports,
contracts and other bulky items.
3.
Monthly invoices shall be submitted detailing all services performed.
Signature: The undersigned hereby acknowledges and accepts the established payment terms.
Name of Respondent/Firm:
Print name and title:
Signature:
Date:
ATTEST:
___________________________
Witness
14
APPENDIX D
AMERICANS WITH DISABILITIES ACT OF 1990
ACKNOWLEDGEMENT FORM
This form is an agreement of the successful Vendor’s obligation to comply with the requirements of 42 U.S.C.
§121.01 et seq., referred to as the Americans Disability Act of 1990.
The undersigned Vendor hereby acknowledges receipt of the Americans with Disabilities Act of 1990 found at
Appendix B of this packet.
The undersigned Vendor hereby certifies that he/she is aware of the commitment to comply with the requirements
of 42 U.S.C. §121.01 et seq. and agrees to furnish any required forms as evidence of compliance.
The undersigned Vendor further certifies that he/she understands that his/her proposal shall be rejected as non-
responsive and any contract entered into shall be void and of no effect if said Vendor fails to comply with the
requirements of 42 U.S.C. §121.01 et seq.
COMPANY: ___________________________ TITLE: ______________________________
PRINT NAME: __________________________SIGNATURE:_______________________________
DATE:______________________
15
APPENDIX E
BUSINESS ENTITY DISCLOSURE CERTIFICATION
PURSUANT TO CHAPTER 2, SECTION 2-87, PUBLIC CONTRACTING REFORM
ORDINANCE, OF THE CODE OF TOWN OF MORRISTOWN, NEW JERSEY
T OWN OF MORRISTOWN
Part I – Vendor Affirmation
The undersigned, being authorized and knowledgeable of the circumstances, does hereby certify that
has not made and will not make any contributions pursuant to Chapter 2, Section 2-87, Public
Contracting Reform Ordinance, of the Code of the Town of Morristown, that would bar the award of this contract in the one
year period preceding
(date of award scheduled for approval of the contract by the governing body) to any of the following named
candidate committee, joint candidates committee; or political party committee representing the elected officials of the Town
Mayor Timothy Dougherty
Councilperson Michael Elms
Councilperson Toshiba Foster
Councilperson Tawanna Cotten
Councilperson Stefan Armington
Councilperson David Silva
Councilperson Robert Iannaccone
Councilperson Sandi Mayer
Morristown Democratic Organization
Morristown Republican Organization
Morris County Party Committee
Any other Committee referred to in the Ordinance
of Morristown as defined pursuant to N.J.S.A. 19:44A-3(p), (q) and (r).
Part II – Ownership Disclosure Certification
I certify that the list below contains the names and home addresses of all owners holding 10% or more of the issued
and outstanding stock of the undersigned.
Check the box that represents the type of business entity:
Partnership
Corporation
Sole Proprietorship
Subchapter S Corporation
Limited Partnership Limited Liability Corporation
Limited Liability Partnership
Name of Stock or Shareholder
Home Address
Part 3 – Signature and Attestation:
The undersigned is fully aware that if I have misrepresented in whole or part this affirmation and certification, I
and/or the business entity, will be liable for any penalty permitted under law. Name of
Business Entity:
Signed:
Print Name:
Title:
Date:
Subscribed and sworn before me this
day of
, 2 .
My Commission expires:
(Affiant)
(Print name & title of affiant) (Corporate Seal)
16
BUSINESS ENTITY DISCLOSURE CERTIFICATION
FOR NON-FAIR AND OPEN CONTRACTS Required
Pursuant To N.J.S.A. 19:44A-20.8
T OWN OF M OR R IST OWN
The following is statutory text related to the terms and citations used in the Business Entity Disclosure
Certification form.
“Local Unit Pay-To-Play Law” (P.L. 2004, c.19, as amended by P.L. 2005, c.51)
19:44A-20.6 Certain contributions deemed as contributions by business entity.
5. When a business entity is a natural person, a contribution by that person's spouse or child, residing therewith, shall be deemed
to be a contribution by the business entity. When a business entity is other than a natural person, a contribution by any person
or other business entity having an interest therein shall be deemed to be a contribution by the business entity.
19:44A-20.7 Definitions relative to certain campaign contributions.
6. As used in sections 2 through 12 of this act:
“business entity" means any natural or legal person, business corporation, professional services corporation, limited liability
company, partnership, limited partnership, business trust, association or any other legal commercial entity organized under the
laws of this State or of any other state or foreign jurisdiction;
“interest" means the ownership or control of more than 10% of the profits or assets of a business entity or 10% of the stock in
the case of a business entity that is a corporation for profit, as appropriate;
Temporary and Executing
12. Nothing contained in this act shall be construed as affecting the eligibility of any business entity to perform a public
contract because that entity made a contribution to any committee during the one-year period immediately preceding the effective
date of this act.
The New Jersey Campaign Contributions and Expenditures Reporting Act (N.J.S.A. 19:44A-1 et seq.)
19:44A-3 Definitions. In pertinent part…
p. The term "political party committee" means the State committee of a political party, as organized pursuant to R.S.19:5-4,
any county committee of a political party, as organized pursuant to R.S.19:5-3, or any municipal committee of a political
party, as organized pursuant to R.S.19:5-2.
q. The term "candidate committee" means a committee established pursuant to subsection a. of section 9 of
P.L.1973, c.83 (C.19:44A-9) for the purpose of receiving contributions and making expenditures.
r. the term "joint candidates committee" means a committee established pursuant to subsection a. of section 9 of P.L.1973, c.83
(C.19:44A-9) by at least two candidates for the same elective public offices in the same election in a legislative district, county,
municipality or school district, but not more candidates than the total number of the same elective public offices to be filled in
that election, for the purpose of receiving contributions and making expenditures. For the purpose of this subsection: …; the
offices of member of the board of chosen freeholders
and county executive shall be deemed to be the same elective public offices in a county; and the offices of mayor and
member of the municipal governing body shall be deemed to be the same elective public offices in a municipality.
19:44A-8 and 16 Contributions, expenditures, reports, requirements.
While the provisions of this section are too extensive to reprint here, the following is deemed to be the pertinent part affecting amounts of contributions:
“The $300 limit established in this subsection shall remain as stated in this subsection without further adjustment by the
commission in the manner prescribed by section 22 of P.L.1993, c.65 (C.19:44A-7.2)
17
APPENDIX F
C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM
Public Agency Instructions
This page provides guidance to public agencies entering into contracts with business entities that are required to file
Political Contribution Disclosure forms with the agency. It is not intended to be provided to contractors. What
follows are instructions on the use of form local units can provide to contractors that are required to disclose
political contributions pursuant to N.J.S.A.
19:44A-20.26 (P.L. 2005, c. 271, s.2). Additional information on the process is available in
Local Finance Notice 2006-1 (www.nj.gov/dca/lgs/lfns/lfnmenu.shtml).
1. The disclosure is required for all contracts in excess of $17,500 that are not awarded pursuant to a “fair and
open” process (N.J.S.A. 19:44A-20.7).
2. Due to the potential length of some contractor submissions, the public agency should consider allowing
data to be submitted in electronic form (i.e., spreadsheet, pdf file, etc.). Submissions must be kept with the
contract documents or in an appropriate computer file and be available for public access. The form is
worded to accept this alternate submission. The text should be amended if electronic submission will
not be allowed.
3. The submission must be received from the contractor and on file at least 10 days prior to award of the
contract. Resolutions of award should reflect that the disclosure has been received and is
on file.
4. The contractor must disclose contributions made to candidate and party committees covering a wide range of
public agencies, including all public agencies that have elected officials in the county of the public agency,
state legislative positions, and various state entities. The Division of Local Government Services
recommends that contractors be provided a list of the affected agencies. This will assist contractors in
determining the campaign and political committees of the officials and candidates affected by the disclosure.
a. The Division has prepared model disclosure forms for each county. They can be
downloaded from the “County PCD Forms” link on the Pay-to-Play web site at
www.nj.gov/dca/lgs/p2p. They will be updated from time-to-time as necessary.
b. A public agency using these forms should edit them to properly reflect the correct legislative
district(s). As the forms are county-based, they list all legislative districts in each county.
Districts that do not represent the public agency should be removed from the lists.
c.
Some contractors may find it easier to provide a single list that covers all contributions,
regardless of the county. These submissions are appropriate and should be accepted.
d. The form may be used “as-is”, subject to edits as described herein.
e.
The “Contractor Instructions” sheet is intended to be provided with the form. It is recommended
that the Instructions and the form be printed on the same piece of paper. The form notes that the
Instructions are printed on the back of the form; where that is not the case, the text should be
edited accordingly.
f.
The form is a Word document and can be edited to meet local needs, and posted for download on
web sites, used as an e-mail attachment, or provided as a printed document.
5. It is recommended that the contractor also complete a “Stockholder Disclosure Certification.” This will
assist the local unit in its obligation to ensure that contractor did not make any prohibited contributions to
the committees listed on the Business Entity Disclosure Certification in the 12 months prior to the contract.
(See Local Finance Notice 2006-7 for additional information on this obligation) A sample Certification
form is part of this package and the instruction to complete it is included in the Contractor Instructions.
NOTE: This section is not applicable to Boards of Education.
18
C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM
Contractor Instructions
Business entities (contractors) receiving contracts from a public agency that are NOT awarded pursuant to a “fair and
open” process (defined at N.J.S.A. 19:44A-20.7) are subject to the provisions of P.L. 2005, c.
271, s.2 (N.J.S.A. 19:44A-20.26). This law provides that 10 days prior to the award of such a contract, the contractor
shall disclose contributions to:
•
any State, county, or municipal committee of a political party
•
any legislative leadership committee*
•
any continuing political committee (a.k.a., political action committee)
•
any candidate committee of a candidate for, or holder of, an elective office:
o
of the public entity awarding the contract
o
of that county in which that public entity is located
o
of another public entity within that county
o
or of a legislative district in which that public entity is located or, when the
public entity is a county, of any legislative district which includes all or part
of the county
The disclosure must list reportable contributions to any of the committees that exceed $300 per election cycle that
were made during the 12 months prior to award of the contract. See N.J.S.A. 19:44A-8 and
19:44A-16 for more details on reportable contributions.
N.J.S.A. 19:44A-20.26 itemizes the parties from whom contributions must be disclosed when a business entity is not
a natural person. This includes the following:
•
individuals with an “interest” ownership or control of more than 10% of the profits or assets of a
business entity or 10% of the stock in the case of a business entity that is a corporation for profit
•
all principals, partners, officers, or directors of the business entity or their spouses
•
any subsidiaries directly or indirectly controlled by the business entity
•
IRS Code Section 527 New Jersey based organizations, directly or indirectly controlled by the
business entity and filing as continuing political committees, (PACs).
When the business entity is a natural person, “a contribution by that person’s spouse or child, residing therewith,
shall be deemed to be a contribution by the business entity.” [N.J.S.A. 19:44A-20.26(b)] The contributor must be
listed on the disclosure.
Any business entity that fails to comply with the disclosure provisions shall be subject to a fine imposed by ELEC
in an amount to be determined by the Commission which may be based upon the amount that the business entity
failed to report.
The enclosed list of agencies is provided to assist the contractor in identifying those public agencies whose elected
official and/or candidate campaign committees are affected by the disclosure requirement. It is the contractor’s
responsibility to identify the specific committees to which contributions may have been made and need to be
disclosed. The disclosed information may exceed the minimum requirement.
The enclosed form, a content-consistent facsimile, or an electronic data file containing the required details (along
with a signed cover sheet) may be used as the contractor’s submission and is disclosable to the public under the Open
Public Records Act.
The contractor must also complete the attached Stockholder Disclosure Certification. This will assist the agency in
meeting its obligations under the law. NOTE: This section does not apply to Board of Education contracts.
* N.J.S.A. 19:44A-3(s): “The term "legislative leadership committee" means a committee established, authorized to
be established, or designated by the President of the Senate, the Minority Leader of the Senate, the Speaker of the
General Assembly or the Minority Leader of the General Assembly pursuant to section 16 of P.L.1993, c.65
(C.19:44A-10.1) for the purpose of receiving contributions and making expenditures.”
19
Required Pursuant To N.J.S.A. 19:44A-20.26
This form or its permitted facsimile must be submitted to the local unit
no later than 10 days prior to the award of the contract.
Part I – Vendor Information
Vendor Name:
Address:
City:
State:
Zip:
The undersigned being authorized to certify, hereby certifies that the submission provided herein represents
compliance with the provisions of N.J.S.A. 19:44A-20.26 and as represented by the Instructions accompanying this
form.
Signature
Printed Name
Title
Part II – Contribution Disclosure
Disclosure requirement: Pursuant to N.J.S.A. 19:44A-20.26 this disclosure must include all reportable political
contributions (more than $300 per election cycle) over the 12 months prior to submission to the committees of the
government entities listed on the form provided by the local unit.
Check here if disclosure is provided in electronic form.
Contributor Name
Recipient Name
Date
Dollar Amount
$
Check here if the information is continued on subsequent page(s)
20
Continuation Page
C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM
Required Pursuant To N.J.S.A. 19:44A-20.26
Page
of
Vendor Name:
Contributor Name
Recipient Name
Date
Dollar Amount
$
Check here if the information is continued on subsequent page(s)
21
List of Agencies with Elected Officials Required for Political Contribution Disclosure
N.J.S.A. 19:44A-20.26
County Name:
State: Governor, and Legislative Leadership Committees
Legislative District #s:
State Senator and two members of the General Assembly per district.
County:
Freeholders
County Clerk
Sheriff
{County Executive}
Surrogate
Municipalities (Mayor and members of governing body, regardless of title):
Mayor Timothy Dougherty
Councilperson Michael Elms
Councilperson Toshiba Foster
Councilperson Tawanna Cotten
Councilperson Stefan Armington
Councilperson David Silva
Councilperson Robert Iannaccone
Councilperson Sandi Mayer
Morristown Democratic Organization
Morristown Republican Organization
Morris County Party Committee
Any other Committee referred to in the Ordinance
USERS SHOULD CREATE THEIR OWN FORM, OR DOWNLOAD
FROM WWW.NJ.GOV/DCA/LGS/P2P A COUNTY-BASED,
CUSTOMIZABLE FORM.
22
APPENDIX G
STOCKHOLDER DISCLOSURE CERTIFICATION
Name of Business:
I certify that the list below contains the names and home addresses of all stockholders holding
10% or more of the issued and outstanding stock of the undersigned.
O
R
I certify that no one stockholder owns 10% or more of the issued and outstanding stock of the
undersigned.
Check the box that represents the type of business organization:
Partnership
Corporation
Sole Proprietorship
Limited Partnership
Limited Liability Corporation
Limited Liability
Partnership
Subchapter S Corporation
Sign and notarize the form below, and, if necessary, complete the stockholder list below.
Stockholders:
Name:
Name:
Home Address:
Home Address:
Name:
Name:
Home Address:
Home Address:
Name:
Name:
Home Address:
Home Address:
Subscribed and sworn before me this day of _, 2 . __________________________
(Affiant)
(Notary Public)
__________________________
(Print name & title of affiant)
My Commission expires:
(Corporate Seal)
--- Document: 2023 RFQ for Planning Board Arborist.pdf ---
NOTE: The Town of Morristown Planning Board will consider proposals only from firms or
organizations that have demonstrated the capability and willingness to provide high quality services in
the manner described in this Request for Qualifications.
REQUEST FOR QUALIFICATIONS
FOR THE PROVISION OF ARBORIST SERVICES – PLANNING BOARD
ISSUE DATE: November 3, 2022
DUE DATE: December 8, 2022
Issued by:
Town of Morristown
Planning Board
2
GLOSSARY
The following definitions shall apply to and are used in this Request for Qualifications:
"Board" - refers to the Morristown Planning Board
"Town" - refers to the Town of Morristown.
"Principals" means persons possessing an ownership interest in the Respondent. If the Respondent is a corporation,
"Principals" shall include each investor who would have any amount of operational control over the Respondent and
every stockholder having an ownership interest of ten percent (10%) or more in the firm.
"Qualification Statement" - refers to the complete responses to this RFQ submitted by the Respondents.
"Qualified Respondent" - refers to those Respondents who have satisfied the qualification criteria set forth in this RFQ.
"Respondent" or "Respondents" - refers to the interested firm(s) that submit a Qualification Statement.
“Review Team” – Members of the Board and its legal and/or financial advisors who shall review the Qualification
Statements.
"RFQ" - refers to this Request for Qualifications, including any amendments thereof or supplements thereto..
3
SECTION 1
INTRODUCTION AND GENERAL INFORMATION
1.1.
Introduction and Purpose.
The Board is soliciting Qualification Statements from interested persons and/or firms for ARBORIST
SERVICES, as more particularly described herein. Through a Request for Qualification process described
herein, persons and/or firms interested in assisting the Board with the provision of such services must
prepare and submit a Qualification Statement in accordance with the procedures and schedules in this RFQ.
The Board will review Qualification Statements only from those firms that submit a Qualification Statement
which includes all the information required to be included as described herein (in the sole judgment of the
Board). The Board intends to qualify person(s) and/or firm(s) that: (a) possesses the professional, financial
and administrative capabilities to provide the proposed services, and (b) will agree to work under the
compensation terms and conditions determined by the Board to provide the greatest benefit to the taxpayers
of Morristown.
1.2.
Procurement Process and Schedule.
The selection of Qualified Respondents is not subject to the bidding 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-20.4 et seq. and the Morristown Pay to Play Ordinance 2-87. The Board has
structured a procurement process that seeks to obtain the desired results described above, while establishing
a competitive process to assure that each person and/or firm is provided with an equal opportunity to submit
a Qualification Statement in response to the RFQ. Qualification Statements will be evaluated in accordance
with the criteria set forth in Section 5 of this RFQ, which will be applied in the same manner to each
Qualification Statement received. Respondents agree to at all times abide by all requirements of New Jersey
law, including, but not limited to the aforementioned “Pay to Play” laws, as well as any and all relevant
Executive Orders and the New Jersey Election Law Enforcement Commission disclosure requirements.
Qualification Statements will be reviewed and evaluated by the Board, the Town and their legal and/or
financial advisors (collectively, the "Review Team"). The Qualification Statements will be reviewed to
determine if the Respondent has met the minimum professional, administrative and financial criteria
described in this RFQ. Under no circumstances will a member of the Review Team review responses to an
RFQ for a position which they or their firm submitted a response. Based upon the totality of the information
contained in the Qualification Statement, including information about the reputation and experience of each
Respondent, the Board will (in its sole judgment) determine which Respondents are qualified from
professional, administrative and financial standpoints. Each Respondent that meets the requirements of the
RFQ (in the sole judgment of the Board) will be designated as a Qualified Respondent and will be given
the opportunity to participate in the selection process determined by the Board.
The RFQ process commences with the issuance of this RFQ. The steps involved in the process and the
anticipated completion dates are set forth in Table 1, Procurement Schedule. The Board reserves the right
to, among other things, amend, modify or alter the Procurement Schedule upon notice to all potential
Respondents.
4
All communications concerning this RFQ or the RFQ process shall be directed to the Board’s Designated
Contact Person, in writing.
Designated Contact Person:
James A. Campbell
Land Use Administrator
200 South St. CN914
2nd Floor, Office of Planning & Zoning
Morristown, NJ 07963-0914
Qualification Statements must be submitted to, and be received by, the Board, by hand delivery or regular
mail, by 4:00 p.m. prevailing time on December 8, 2022. Qualification Statements will not be accepted by
facsimile transmission or e-mail.
Subsequent to issuance of this RFQ, the Board (through the issuance of addenda to all firms that have
received a copy of the RFQ) may modify, supplement or amend the provisions of this RFQ in order to
respond to inquiries received from prospective Respondents or as otherwise deemed necessary or
appropriate by, and in the sole judgment of, the Town.
TABLE 1
ANTICIPATED PROCUREMENT SCHEDULE
ACTIVITY
DATE
1. Issuance of Request for Qualifications
November 3, 2022
2. Receipt of Qualification Statements
December 8, 2022
3. Completion of Evaluation of Qualification Statements by the Review Team
December 15, 2022
4. Town Review of Review Team Recommendations
December 28, 2022
5. Approval of Professional Services Resolution at Zoning Board of Adjustment
Reorganization Meeting
January 5, 2023
Section 1.3.
Conditions Applicable to RFQ.
Upon submission of a Qualification Statement in response to this RFQ, the Respondent acknowledges and
consents to the following conditions relative to the submission and review and consideration of its
Qualification Statement:
•
This document is an RFQ and does not constitute an RFP.
•
This RFQ does not commit the Town to issue an RFP.
•
All costs incurred by the Respondent in connection with responding to this RFQ shall be borne
5
solely by the Respondent.
•
The Board reserves the right, in its sole judgment, to reject for any reason, any and all responses
and components thereof and to eliminate any and all Respondents responding to this RFQ from
further consideration for this procurement.
•
The Board reserves the right, in its sole judgment, to reject any Respondent that submits
incomplete responses to this RFQ, or a Qualification Statement that is not responsive to the
requirements of this RFQ.
•
The Board reserves the right, without prior notice, to supplement, amend, or otherwise modify
this RFQ, or otherwise request additional information.
•
All Qualification Statements shall become the property of the Board and will not be returned.
•
All Qualification Statements will be made available to the public at the appropriate time, as
determined by the Board, in the exercise of its sole discretion, in accordance with applicable
law.
•
The Board may request Respondents to send representatives to the Board for interviews.
•
Any and all Qualification Statements not received by the Board by 4:00 p.m. prevailing time
on December 8, 2022 will be rejected.
•
Neither the Board, its consultants or advisors, nor their respective staffs, including, but not
limited to, the Review Team, shall be liable for any claims or damages resulting from the
solicitation or preparation of the Qualification Statement, nor will there be any reimbursement
to Respondents for the cost of preparing and submitting a Qualification Statement or for
participating in this procurement process.
Section 1.4.
Rights of Board.
The Board reserves, holds and may exercise, at its sole discretion, the following rights and options with
regard to this RFQ and the procurement process in accordance with the provisions of applicable law:
•
To determine that any Qualification Statement received complies or fails to comply with the
terms of this RFQ.
•
To supplement, amend or otherwise modify the RFQ through issuance of addenda to all
prospective Respondents who have received a copy of this RFQ.
•
To waive any technical non-conformance with the terms of this RFQ.
•
To change or alter the schedule for any events called for in this RFQ upon the issuance of notice
to all prospective Respondents who have received a copy of this RFQ.
•
To conduct investigations of any or all of the Respondents, as the Board deems necessary or
convenient, to clarify the information provided as part of the Qualification Statement and to
6
request additional information to support the information included in any Qualification
Statement.
•
To suspend or terminate the procurement process described in this RFQ at any time in the
Board’s sole discretion. If terminated, the Board may determine to commence a new
procurement process or exercise any other rights provided under applicable law without any
obligation to the Respondents.
The Board shall be under no obligation to complete all or any portion of the procurement process described
in this RFQ.
1.5
Addenda or Amendments to RFQ.
During the period provided for the preparation of responses to the RFQ, the Board may issue addenda,
amendments or answers to written inquiries. Those addenda will be noticed by the Town and will constitute
a part of the RFQ. All responses to the RFQ shall be prepared with full consideration of the addenda issued
prior to the proposal submission date.
1.6
Cost of Proposal Preparation.
Each proposal and all information required to be submitted pursuant to the RFQ shall be prepared at the
sole cost and expense of the respondent. There shall be no claims whatsoever against the Board, its staff,
its consultants or such consultants’ staff, for reimbursement for the payment of costs or expenses incurred
in the preparation of the Qualification Statement or other information required by the RFQ.
1.7
Proposal Format.
Responses should cover all information requested in the questions to be answered in this RFQ. Responses
which in the judgment of the Board fail to meet the requirements of the RFQ or which are in any way
conditional, incomplete, obscure, contain additions or deletions from requested information, or contain
errors may be rejected.
SECTION 2
SCOPE OF SERVICES
It is the intent of the Board to solicit Qualification Statements from Respondents that have expertise in the
provision of ARBORIST SERVICES. Firms and/or persons responding to this RFQ shall be able to
demonstrate that they will have the continuing capabilities to perform these services.
SECTION 3
SUBMISSION REQUIREMENTS
Section 3.1
General Requirements.
The Qualification Statement submitted by the Respondent must meet or exceed the professional,
administrative and financial qualifications set forth in this Section 3 and shall incorporate the information
7
requested below.
In addition to the information required as described below, a Respondent may submit supplemental
information that it believes may be useful in evaluating its Qualification Statement. Respondents are
encouraged to be clear, factual, and concise in their presentation of information.
Section 3.2
Administrative Information Requirements.
The Respondent shall, as part of its Qualification Statement, provide the following information:
1.
An executive summary (not to exceed two (2) pages) of the information contained in all
the other parts of the Qualification Statement.
2.
An executed Letter of Qualification (See Appendix A to this RFQ).
3.
Name, address and telephone number of the firm or firms submitting the Qualification
Statement pursuant to this RFQ, and the name of the key contact person.
4.
A description of the business organization (i.e., corporation, partnership, joint venture, etc.)
of each firm, its ownership and its organizational structure.
(a)
Provide the names and business addresses of all Principals of the firm or firms submitting
the Qualification Statement. For purposes of this RFQ, "Principals" means persons
possessing an ownership interest in the Respondent. If the Respondent is a corporation,
"Principals" shall include each investor who would have any amount of operational control
over the Respondent and every stockholder having an ownership interest of ten percent
(10%) or more in the firm.
(b)
If a firm is a partially owned or a fully-owned subsidiary of another firm, identify the parent
company and describe the nature and extent of the parents' approval rights over the
activities of the firm submitting a Qualification Statement. Describe the approval process.
(c)
If the Respondent is a partnership or a joint venture or similar organization, provide
comparable information as required in (b) above for each member of the partnership, joint
venture or similar organization.
(d)
A statement that the Respondent has complied with all applicable affirmative action (or
similar) requirements with respect to its business activities, together with evidence of such
compliance
5.
An executed Letter of Intent (See Appendix B).
6.
An executed Payment Conditions and Rate Schedules Form (See Appendix C).
7.
An executed Americans with Disabilities Act of 1990 Acknowledgement Form (See
Appendix D).
8.
A completed Business Entity Disclosure Form, Political Contribution Disclosure Form &
8
a Stockholder Disclosure Certification (Appendices E, F & G).
9.
The number of years the business organization has been in business under its present name.
10.
The number of years the business organization has been under its current management.
11.
Any judgments, claims or suits within the last three (3) years in which Respondent has
been adjudicated liable for professional malpractice. If yes, please explain.
12.
Whether the business organization is now or has been involved in any bankruptcy or re-
organization proceedings in the last ten (10) years. If yes, please explain.
13.
Confirm appropriate federal and state licenses to perform activities. Submit a copy of the
Firm’s Business Registration Certificate.
Section 3.3
Professional Information Requirements.
1. Respondent shall submit a description of its overall experience in providing the type of
services sought in the RFQ. At a minimum, the following information on past experience
should be included as appropriate to the RFQ:
a.
Description and scope of work by Respondent;
b.
Name, address and contact information of references; and
c.
Explanation of perceived relevance of the experience to the RFQ.
2.
Describe the services that Respondent would perform directly.
3. Describe those portions of the Respondent’s services, if any, that are sub-contracted out.
Identify all subcontractors the Respondent anticipates using in connection with this project.
4.
Does the Respondent normally employ union or non-union employees?
5.
Resumes of key employees.
6.
A narrative statement of the Respondent’s understanding of the Town’s needs and goals.
7. List all immediate relatives of Principal(s) of Respondent who are Town or Board employees
or elected officials of the Town or Board. For purposes of the above, “immediate relative”
means a spouse, parent, stepparent, brother, sister, child, stepchild, direct-line aunt or
uncle, grandparent, grandchild, and in- laws by reason of relation.
9
SECTION 4
INSTRUCTIONS TO RESPONDENTS
4.1
Submission of Qualification Statements.
Respondents must submit an original and one (1) copy of their Qualification Statement to the Designated
Contact Person:
James A. Campbell
Land Use Administrator
200 South St. CN914
2nd Floor, Office of Planning & Zoning
Morristown, NJ 07963-0914
Qualification Statements must be received by the Board no later than 4:00 p.m. (prevailing time) on
December 8, 2022, and must be mailed or hand-delivered. Qualification Statements forwarded by facsimile
or e-mail will not be accepted.
To be responsive, Qualification Statements must provide all requested information, and must be in strict
conformance with the instructions set forth herein. Qualification Statements and all related information
must be bound, and signed and acknowledged by the Respondent.
SECTION 5
EVALUATION
The Board’s objective in soliciting Qualification Statements is to enable it to select a firm or organization
that will provide high quality and cost effective services to the citizens of Morristown. The Board will
consider Qualification Statements only from firms or organizations that, in the Board’s judgment, have
demonstrated the capability and willingness to provide high quality services to the citizens of the Town in
the manner described in this RFQ.
Proposals will be evaluated by the Board and the Town on the basis of the most advantageous, all relevant
factors considered. The evaluation will consider:
1.
Experience and reputation in the field;
2.
Knowledge of the Board and the subject matter addressed under the contract;
3.
Availability to accommodate the required meetings of the Board; and
4.
Other factors demonstrated to be in the best interest of the Board.
10
APPENDIX A
LETTER OF QUALIFICATION
(Note: To be typed on Respondent's Letterhead. No modifications may be made to this letter)
[INSERT DATE]
James A. Campbell
Land Use Administrator
200 South St. CN914
2nd Floor, Office of Planning & Zoning
Morristown, NJ 07963-0914
Dear Mr. Campbell:
The undersigned has reviewed its Qualification Statement submitted in response to the Request for
Qualifications (RFQ) issued by the Town of Morristown, dated December 8, 2022, in connection with the
Board’s need for ARBORIST SERVICES
We affirm that the contents of our Qualification Statement (which Qualification Statement is incorporated
herein by reference), are accurate, factual and complete to the best of our knowledge and belief and that the
Qualification Statement is submitted in good faith upon the express understanding that any false statement
may result in the disqualification of (Name of Respondent).
(Respondent shall sign and complete the spaces provided below. If a joint venture, appropriate officers of
each company shall sign.)
_________________________________
(Signature of Chief Executive Officer)
_________________________________
(Typed Name and Title)
_________________________________
(Type Name of Firm)
Dated:
_________________________________
11
APPENDIX B
LETTER OF INTENT
(Note: To be typed on Respondent's Letterhead. No modifications may be made to this letter)
[INSERT DATE]
James A. Campbell
Land Use Administrator
200 South St. CN914
2nd Floor, Office of Planning & Zoning
Morristown, NJ 07963-0914
Dear Mr. Campbell:
The undersigned, as Respondent, has (have) submitted the attached Qualification Statement in response to a
Request for Qualifications (RFQ), issued by the Town of Morristown Planning Board (“Board”), dated December
8, 2022 in connection with the Board’s need for ARBORIST SERVICES.
(Name of Respondent) HEREBY STATES:
1.
The Qualification Statement contains accurate, factual and complete information.
2. (Name of Respondent) agrees (agrees) to participate in good faith in the procurement process as described
in the RFQ and to adhere to the Town's procurement schedule.
3. (Name of Respondent) acknowledges (acknowledge) that all costs incurred by it (them) in connection with
the preparation and submission of the Qualification Statement and any proposal prepared and submitted
in response to the RFQ, or any negotiation which results there from shall be borne exclusively by the
Respondent.
4. (Name of Respondent) hereby declares (declare) that the only persons participating in this Qualification
Statement as Principals are named herein and that no person other than those herein mentioned has any
participation in this Qualification Statement or in any contract to be entered into with respect thereto.
Additional persons may subsequently be included as participating Principals, but only if acceptable to the
Board. (Name of Respondent) declares that this Qualification Statement is made without connection with
any other person, firm or parties who has submitted a Qualification Statement, except as expressly set
forth below and that it has been prepared and has been submitted in good faith and without collusion or
fraud.
5. (Name of Respondent) acknowledges and agrees that the Town may modify, amend, suspend and/or
terminate the procurement process (in its sole judgment). In any case, the Board shall not have any
liability to the Respondent for any costs incurred by the Respondent with respect to the procurement
activities described in this RFQ.
12
6. (Name of Respondent) acknowledges that any contract executed with respect to the provision of
ARBORIST SERVICES must comply with all applicable affirmative action and similar laws.
Respondent hereby agrees to take such actions as are required in order to comply with such applicable
laws.
(Respondent shall sign and complete the space provided below. If a joint venture, appropriate officers of each
company shall sign.)
_________________________________
(Signature of Chief Executive Officer)
_________________________________
(Typed Name and Title)
_________________________________
(Type Name of Firm)
Dated:
13
APPENDIX C
PAYMENT CONDITIONS AND RATE SCHEDULES
1. The Town of Morristown wishes to approve the qualifications of a planning firm or firms to provide
Arborist Services to the Board for 2022. Upon appointment to the position of Arborist, no work or compensation
is guaranteed, however. Instead, the Town will approve proposals for projects (including compensation terms) on
an as needed basis. This will be done by a Resolution of the Planning Board. By submitting a response to this
RFQ, the Respondent acknowledges that it will not propose or charge hourly rates that exceed those listed below:
Arborist ............................................................................................................................... $150.00 Per Hour
2. The Professional shall be reimbursed at cost for expenses incurred for duplication, filing fees and other
reasonable and approved out-of-pocket expenses advanced and/or incurred by them. The Professional shall be
reimbursed for direct charges including disbursements that are actual expenses incurred by the Professional and
or/their associated Firm in connection with such engineering services and approved by the Board, and shall
include, but not be limited to:
a. Telegrams, faxes and long distance (Out-of-State) telephone calls;
b. Payment of filing, application fees, review fees and similar charges;
c. Computer expenses including time and proprietary program charges;
d. Outside printing, reproduction, binding, collating and other graphic services;
e. Messenger service, postage and handling of drawing and specifications, reports, contracts and
other bulky items.
3. Monthly invoices shall be submitted detailing all services performed.
Signature: The undersigned hereby acknowledges and accepts the established payment terms.
Name of Respondent/Firm:
Print name and title:
Signature:
Date:
ATTEST:
______________________________
Witness
14
APPENDIX D
AMERICANS WITH DISABILITIES ACT OF 1990
ACKNOWLEDGEMENT FORM
This form is an agreement of the successful Vendor’s obligation to comply with the requirements of 42 U.S.C.
§121.01 et seq., referred to as the Americans Disability Act of 1990.
The undersigned Vendor hereby acknowledges receipt of the Americans with Disabilities Act of 1990 found at
Appendix B of this packet.
The undersigned Vendor hereby certifies that he/she is aware of the commitment to comply with the requirements
of 42 U.S.C. §121.01 et seq. and agrees to furnish any required forms as evidence of compliance.
The undersigned Vendor further certifies that he/she understands that his/her proposal shall be rejected as non-
responsive and any contract entered into shall be void and of no effect if said Vendor fails to comply with the
requirements of 42 U.S.C. §121.01 et seq.
COMPANY: ___________________________ TITLE: ______________________________
PRINT NAME: __________________________SIGNATURE:_______________________________
DATE:______________________
15
APPENDIX E
BUSINESS ENTITY DISCLOSURE CERTIFICATION
PURSUANT TO CHAPTER 2, SECTION 2-87, PUBLIC CONTRACTING REFORM
ORDINANCE, OF THE CODE OF TOWN OF MORRISTOWN, NEW JERSEY
T OWN OF MORRISTOWN
Part I – Vendor Affirmation
The undersigned, being authorized and knowledgeable of the circumstances, does hereby certify that
has not made and will not make any contributions pursuant to Chapter 2, Section 2-87, Public
Contracting Reform Ordinance, of the Code of the Town of Morristown, that would bar the award of this contract in the one
year period preceding
(date of award scheduled for approval of the contract by the governing body) to any of the following named
candidate committee, joint candidates committee; or political party committee representing the elected officials of the Town
of Morristown as defined pursuant to N.J.S.A. 19:44A-3(p), (q) and (r).
Mayor Timothy Dougherty
Councilperson Michael Elms
Councilperson Toshiba Foster
Councilperson Tawanna Cotten
Councilperson Stefan Armington
Councilperson David Silva
Councilperson Robert Iannacone
Councilperson Sandi Mayer
Morristown Democratic Organization
Morristown Republican Organization
Morris County Party Committee
Any other Committee referred to in the Ordinance
Part II – Ownership Disclosure Certification
I certify that the list below contains the names and home addresses of all owners holding 10% or more of the issued
and outstanding stock of the undersigned.
Check the box that represents the type of business entity:
Partnership
Corporation
Sole Proprietorship
Subchapter S Corporation
Limited Partnership Limited Liability Corporation
Limited Liability Partnership
Name of Stock or Shareholder
Home Address
Part 3 – Signature and Attestation:
The undersigned is fully aware that if I have misrepresented in whole or part this affirmation and certification, I
and/or the business entity, will be liable for any penalty permitted under law. Name of
Business Entity:
Signed:
Print Name:
Title:
Date:
Subscribed and sworn before me this
day of
, 2 .
My Commission expires:
(Affiant)
(Print name & title of affiant) (Corporate Seal)
16
BUSINESS ENTITY DISCLOSURE CERTIFICATION
FOR NON-FAIR AND OPEN CONTRACTS Required
Pursuant To N.J.S.A. 19:44A-20.8
T OWN OF M OR R IST OWN
The following is statutory text related to the terms and citations used in the Business Entity Disclosure
Certification form.
“Local Unit Pay-To-Play Law” (P.L. 2004, c.19, as amended by P.L. 2005, c.51)
19:44A-20.6 Certain contributions deemed as contributions by business entity.
5. When a business entity is a natural person, a contribution by that person's spouse or child, residing therewith, shall be deemed
to be a contribution by the business entity. When a business entity is other than a natural person, a contribution by any person
or other business entity having an interest therein shall be deemed to be a contribution by the business entity.
19:44A-20.7 Definitions relative to certain campaign contributions.
6. As used in sections 2 through 12 of this act:
“business entity" means any natural or legal person, business corporation, professional services corporation, limited liability
company, partnership, limited partnership, business trust, association or any other legal commercial entity organized under the
laws of this State or of any other state or foreign jurisdiction;
“interest" means the ownership or control of more than 10% of the profits or assets of a business entity or 10% of the stock in
the case of a business entity that is a corporation for profit, as appropriate;
Temporary and Executing
12. Nothing contained in this act shall be construed as affecting the eligibility of any business entity to perform a public
contract because that entity made a contribution to any committee during the one-year period immediately preceding the effective
date of this act.
The New Jersey Campaign Contributions and Expenditures Reporting Act (N.J.S.A. 19:44A-1 et seq.)
19:44A-3 Definitions. In pertinent part…
p. The term "political party committee" means the State committee of a political party, as organized pursuant to R.S.19:5-4,
any county committee of a political party, as organized pursuant to R.S.19:5-3, or any municipal committee of a political
party, as organized pursuant to R.S.19:5-2.
q. The term "candidate committee" means a committee established pursuant to subsection a. of section 9 of
P.L.1973, c.83 (C.19:44A-9) for the purpose of receiving contributions and making expenditures.
r. the term "joint candidates committee" means a committee established pursuant to subsection a. of section 9 of P.L.1973, c.83
(C.19:44A-9) by at least two candidates for the same elective public offices in the same election in a legislative district, county,
municipality or school district, but not more candidates than the total number of the same elective public offices to be filled in
that election, for the purpose of receiving contributions and making expenditures. For the purpose of this subsection: …; the
offices of member of the board of chosen freeholders
and county executive shall be deemed to be the same elective public offices in a county; and the offices of mayor and
member of the municipal governing body shall be deemed to be the same elective public offices in a municipality.
19:44A-8 and 16 Contributions, expenditures, reports, requirements.
While the provisions of this section are too extensive to reprint here, the following is deemed to be the pertinent part affecting amounts of contributions:
“The $300 limit established in this subsection shall remain as stated in this subsection without further adjustment by the
commission in the manner prescribed by section 22 of P.L.1993, c.65 (C.19:44A-7.2)
17
APPENDIX F
C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM
Public Agency Instructions
This page provides guidance to public agencies entering into contracts with business entities that are required to file
Political Contribution Disclosure forms with the agency. It is not intended to be provided to contractors. What
follows are instructions on the use of form local units can provide to contractors that are required to disclose
political contributions pursuant to N.J.S.A.
19:44A-20.26 (P.L. 2005, c. 271, s.2). Additional information on the process is available in
Local Finance Notice 2006-1 (www.nj.gov/dca/lgs/lfns/lfnmenu.shtml).
1. The disclosure is required for all contracts in excess of $17,500 that are not awarded pursuant to a “fair and
open” process (N.J.S.A. 19:44A-20.7).
2. Due to the potential length of some contractor submissions, the public agency should consider allowing
data to be submitted in electronic form (i.e., spreadsheet, pdf file, etc.). Submissions must be kept with the
contract documents or in an appropriate computer file and be available for public access. The form is
worded to accept this alternate submission. The text should be amended if electronic submission will
not be allowed.
3. The submission must be received from the contractor and on file at least 10 days prior to award of the
contract. Resolutions of award should reflect that the disclosure has been received and is
on file.
4. The contractor must disclose contributions made to candidate and party committees covering a wide range of
public agencies, including all public agencies that have elected officials in the county of the public agency,
state legislative positions, and various state entities. The Division of Local Government Services
recommends that contractors be provided a list of the affected agencies. This will assist contractors in
determining the campaign and political committees of the officials and candidates affected by the disclosure.
a. The Division has prepared model disclosure forms for each county. They can be
downloaded from the “County PCD Forms” link on the Pay-to-Play web site at
www.nj.gov/dca/lgs/p2p. They will be updated from time-to-time as necessary.
b. A public agency using these forms should edit them to properly reflect the correct legislative
district(s). As the forms are county-based, they list all legislative districts in each county.
Districts that do not represent the public agency should be removed from the lists.
c.
Some contractors may find it easier to provide a single list that covers all contributions,
regardless of the county. These submissions are appropriate and should be accepted.
d. The form may be used “as-is”, subject to edits as described herein.
e.
The “Contractor Instructions” sheet is intended to be provided with the form. It is recommended
that the Instructions and the form be printed on the same piece of paper. The form notes that the
Instructions are printed on the back of the form; where that is not the case, the text should be
edited accordingly.
f.
The form is a Word document and can be edited to meet local needs, and posted for download on
web sites, used as an e-mail attachment, or provided as a printed document.
5. It is recommended that the contractor also complete a “Stockholder Disclosure Certification.” This will
assist the local unit in its obligation to ensure that contractor did not make any prohibited contributions to
the committees listed on the Business Entity Disclosure Certification in the 12 months prior to the contract.
(See Local Finance Notice 2006-7 for additional information on this obligation) A sample Certification
form is part of this package and the instruction to complete it is included in the Contractor Instructions.
NOTE: This section is not applicable to Boards of Education.
18
C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM
Contractor Instructions
Business entities (contractors) receiving contracts from a public agency that are NOT awarded pursuant to a “fair and
open” process (defined at N.J.S.A. 19:44A-20.7) are subject to the provisions of P.L. 2005, c.
271, s.2 (N.J.S.A. 19:44A-20.26). This law provides that 10 days prior to the award of such a contract, the contractor
shall disclose contributions to:
•
any State, county, or municipal committee of a political party
•
any legislative leadership committee*
•
any continuing political committee (a.k.a., political action committee)
•
any candidate committee of a candidate for, or holder of, an elective office:
o
of the public entity awarding the contract
o
of that county in which that public entity is located
o
of another public entity within that county
o
or of a legislative district in which that public entity is located or, when the
public entity is a county, of any legislative district which includes all or part
of the county
The disclosure must list reportable contributions to any of the committees that exceed $300 per election cycle that
were made during the 12 months prior to award of the contract. See N.J.S.A. 19:44A-8 and
19:44A-16 for more details on reportable contributions.
N.J.S.A. 19:44A-20.26 itemizes the parties from whom contributions must be disclosed when a business entity is not
a natural person. This includes the following:
•
individuals with an “interest” ownership or control of more than 10% of the profits or assets of a
business entity or 10% of the stock in the case of a business entity that is a corporation for profit
•
all principals, partners, officers, or directors of the business entity or their spouses
•
any subsidiaries directly or indirectly controlled by the business entity
•
IRS Code Section 527 New Jersey based organizations, directly or indirectly controlled by the
business entity and filing as continuing political committees, (PACs).
When the business entity is a natural person, “a contribution by that person’s spouse or child, residing therewith,
shall be deemed to be a contribution by the business entity.” [N.J.S.A. 19:44A-20.26(b)] The contributor must be
listed on the disclosure.
Any business entity that fails to comply with the disclosure provisions shall be subject to a fine imposed by ELEC
in an amount to be determined by the Commission which may be based upon the amount that the business entity
failed to report.
The enclosed list of agencies is provided to assist the contractor in identifying those public agencies whose elected
official and/or candidate campaign committees are affected by the disclosure requirement. It is the contractor’s
responsibility to identify the specific committees to which contributions may have been made and need to be
disclosed. The disclosed information may exceed the minimum requirement.
The enclosed form, a content-consistent facsimile, or an electronic data file containing the required details (along
with a signed cover sheet) may be used as the contractor’s submission and is disclosable to the public under the Open
Public Records Act.
The contractor must also complete the attached Stockholder Disclosure Certification. This will assist the agency in
meeting its obligations under the law. NOTE: This section does not apply to Board of Education contracts.
* N.J.S.A. 19:44A-3(s): “The term "legislative leadership committee" means a committee established, authorized to
be established, or designated by the President of the Senate, the Minority Leader of the Senate, the Speaker of the
General Assembly or the Minority Leader of the General Assembly pursuant to section 16 of P.L.1993, c.65
(C.19:44A-10.1) for the purpose of receiving contributions and making expenditures.”
19
Required Pursuant To N.J.S.A. 19:44A-20.26
This form or its permitted facsimile must be submitted to the local unit
no later than 10 days prior to the award of the contract.
Part I – Vendor Information
Vendor Name:
Address:
City:
State:
Zip:
The undersigned being authorized to certify, hereby certifies that the submission provided herein represents
compliance with the provisions of N.J.S.A. 19:44A-20.26 and as represented by the Instructions accompanying this
form.
Signature
Printed Name
Title
Part II – Contribution Disclosure
Disclosure requirement: Pursuant to N.J.S.A. 19:44A-20.26 this disclosure must include all reportable political
contributions (more than $300 per election cycle) over the 12 months prior to submission to the committees of the
government entities listed on the form provided by the local unit.
Check here if disclosure is provided in electronic form.
Contributor Name
Recipient Name
Date
Dollar Amount
$
Check here if the information is continued on subsequent page(s)
20
Continuation Page
C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM
Required Pursuant To N.J.S.A. 19:44A-20.26
Page
of
Vendor Name:
Contributor Name
Recipient Name
Date
Dollar Amount
$
Check here if the information is continued on subsequent page(s)
21
List of Agencies with Elected Officials Required for Political Contribution Disclosure
N.J.S.A. 19:44A-20.26
County Name:
State: Governor, and Legislative Leadership Committees
Legislative District #s:
State Senator and two members of the General Assembly per district.
County:
Freeholders
County Clerk
Sheriff
{County Executive}
Surrogate
Municipalities (Mayor and members of governing body, regardless of title):
Mayor Timothy Dougherty
Councilperson Michael Elms
Councilperson Toshiba Foster
Councilperson Tawanna Cotten
Councilperson Stefan Armington
Councilperson David Silva
Councilperson Robert Iannacone
Councilperson Sandi Mayer
Morristown Democratic Organization
Morristown Republican Organization
Morris County Party Committee
Any other Committee referred to in the Ordinance
USERS SHOULD CREATE THEIR OWN FORM, OR DOWNLOAD
FROM WWW.NJ.GOV/DCA/LGS/P2P A COUNTY-BASED,
CUSTOMIZABLE FORM.
22
APPENDIX G
STOCKHOLDER DISCLOSURE CERTIFICATION
Name of Business:
I certify that the list below contains the names and home addresses of all stockholders holding
10% or more of the issued and outstanding stock of the undersigned.
O
R
I certify that no one stockholder owns 10% or more of the issued and outstanding stock of the
undersigned.
Check the box that represents the type of business organization:
Partnership
Corporation
Sole Proprietorship
Limited Partnership
Limited Liability Corporation
Limited Liability
Partnership
Subchapter S Corporation
Sign and notarize the form below, and, if necessary, complete the stockholder list below.
Stockholders:
Name:
Name:
Home Address:
Home Address:
Name:
Name:
Home Address:
Home Address:
Name:
Name:
Home Address:
Home Address:
Subscribed and sworn before me this day of _, 2 . __________________________
(Affiant)
(Notary Public)
__________________________
(Print name & title of affiant)
My Commission expires:
(Corporate Seal)
--- Document: 2023 RFQ for Planning Board Attorney.pdf ---
NOTE: The Town of Morristown Planning Board will consider proposals only from firms or
organizations that have demonstrated the capability and willingness to provide high quality services
in the manner described in this Request for Qualifications.
REQUEST FOR QUALIFICATIONS
FOR THE PROVISION OF LEGAL SERVICES – PLANNING BOARD ATTORNEY
ISSUE DATE: November 3, 2022
DUE DATE: December 8, 2022
Issued by:
Town of Morristown
Planning Board
2
GLOSSARY
The following definitions shall apply to and are used in this Request for Qualifications:
"Board" - refers to the Planning Board.
"Town" - refers to the Town of Morristown.
"Principals" means persons possessing an ownership interest in the Respondent. If the Respondent is a
corporation, "Principals" shall include each investor who would have any amount of operational control
over the Respondent and every stockholder having an ownership interest of ten percent (10%) or more in
the firm.
"Qualification Statement" - refers to the complete responses to this RFQ submitted by the Respondents.
"Qualified Respondent" - refers to those Respondents who have satisfied the qualification criteria set forth
in this RFQ.
"Respondent" or "Respondents" - refers to the interested firm(s) that submit a Qualification Statement.
“Review Team” – Members of the Board, the Town and their legal and/or financial advisors who shall
review the Qualification Statements.
"RFQ" - refers to this Request for Qualifications, including any amendments thereof or supplements thereto
3
SECTION 1
INTRODUCTION AND GENERAL INFORMATION
1.1.
Introduction and Purpose.
The Board is soliciting Qualification Statements from interested persons and/or firms for the provision of
legal services, as more particularly described herein. Through a Request for Qualification process described
herein, persons and/or firms interested in assisting the Board with the provision of such services must
prepare and submit a Qualification Statement in accordance with the procedures and schedules in this RFQ.
The Board will review Qualification Statements only from those firms that submit a Qualification Statement
which includes all the information required to be included as described herein (in the sole judgment of the
Board). The Board intends to qualify person(s) and/or firm(s) that: (a) possesses the professional, financial
and administrative capabilities to provide the proposed services; and (b) will agree to work under the
compensation terms and conditions determined by the Board to provide the greatest benefit to the taxpayers
of Morristown.
1.2.
Procurement Process and Schedule.
The selection of Qualified Respondents is not subject to the bidding 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-20.4 et seq. and the Morristown Pay to Play Ordinance 2-87. The Board has
structured a procurement process that seeks to obtain the desired results described above, while establishing
a competitive process to assure that each person and/or firm is provided with an equal opportunity to submit
a Qualification Statement in response to the RFQ. Qualification Statements will be evaluated in accordance
with the criteria set forth in Section 3 of this RFQ, which will be applied in the same manner to each
Qualification Statement received. Respondents agree to at all times abide by all requirements of New Jersey
law, including, but not limited to the aforementioned “Pay to Play” laws, as well as any and all relevant
Executive Orders and the New Jersey Election Law Enforcement Commission disclosure requirements.
Qualification Statements will be reviewed and evaluated by the Board, the Town and their legal and/or
financial advisors (collectively, the "Review Team"). The Qualification Statements will be reviewed to
determine if the Respondent has met the minimum professional, administrative and financial criteria
described in this RFQ. Under no circumstances will a member of the Review Team review responses to an
RFQ for a position which they or their firm submitted a response. Based upon the totality of the information
contained in the Qualification Statement, including information about the reputation and experience of each
Respondent, the Board will (in its sole judgment) determine which Respondents are qualified from
professional, administrative and financial standpoints. Each Respondent that meets the requirements of the
RFQ (in the sole judgment of the Board and Town) will be designated as a Qualified Respondent and will
be given the opportunity to participate in the selection process determined by the Board.
The RFQ process commences with the issuance of this RFQ. The steps involved in the process and the
anticipated completion dates are set forth in Table 1, Procurement Schedule. The Board reserves the right
to, among other things, amend, modify or alter the Procurement Schedule upon notice to all potential
Respondents.
4
All communications concerning this RFQ or the RFQ process shall be directed to the Board’s
Designated Contact Person, in writing.
Designated Contact Person:
James A. Campbell
Land Use Administrator
200 South St. PO Box 914
2nd Floor, Office of Planning & Zoning
Morristown, NJ 07963-0914
Qualification Statements must be submitted to, and be received by, the Board, by hand delivery or regular
mail, by 4:00pm prevailing time on December 8, 2022. Qualification Statements will not be accepted by
facsimile transmission or e-mail.
Subsequent to issuance of this RFQ, the Board (through the issuance of addenda to all firms that have
received a copy of the RFQ) may modify, supplement or amend the provisions of this RFQ in order to
respond to inquiries received from prospective Respondents or as otherwise deemed necessary or
appropriate by, and in the sole judgment of, the Board.
TABLE 1
ANTICIPATED PROCUREMENT SCHEDULE
ACTIVITY
DATE
1. Issuance of Request for Qualifications
November 3, 2022
2. Receipt of Qualification Statements
December 8, 2022
3. Completion of Evaluation of Qualification Statements by the Review Team
December 15, 2022
4. Town Review of Review Team Recommendations
December 28, 2022
5. Approval of Professional Services Resolution at Zoning Board of Adjustment
Reorganization Meeting
January 5, 2023
Section 1.3.
Conditions Applicable to RFQ.
Upon submission of a Qualification Statement in response to this RFQ, the Respondent acknowledges and
consents to the following conditions relative to the submission and review and consideration of its
Qualification Statement:
•
This document is an RFQ and does not constitute an RFP.
•
This RFQ does not commit the Board to issue an RFP.
•
All costs incurred by the Respondent in connection with responding to this RFQ shall be borne
5
solely by the Respondent.
•
The Board reserves the right, in its sole judgment, to reject for any reason, any and all responses
and components thereof and to eliminate any and all Respondents responding to this RFQ from
further consideration for this procurement.
•
The Board reserves the right, in its sole judgment, to reject any Respondent that submits incomplete
responses to this RFQ, or a Qualification Statement that is not responsive to the requirements of
this RFQ.
•
The Board reserves the right, without prior notice, to supplement, amend, or otherwise modify this
RFQ, or otherwise request additional information.
•
All Qualification Statements shall become the property of the Board and will not be returned.
•
All Qualification Statements will be made available to the public at the appropriate time, as
determined by the Board, in the exercise of its sole discretion, in accordance with applicable law.
•
The Board may request Respondents to send representatives to the Board for interviews.
•
Any and all Qualification Statements not received by the Board by 4:00pm prevailing time on
December 8, 2022 will be rejected.
•
Neither the Board, its consultants or advisors, nor their respective staffs, including, but not limited
to, the Review Team, shall be liable for any claims or damages resulting from the solicitation or
preparation of the Qualification Statement, nor will there be any reimbursement to Respondents for
the cost of preparing and submitting a Qualification Statement or for participating in this
procurement process.
Section 1.4.
Rights of Board.
The Board reserves, holds and may exercise, at its sole discretion, the following rights and options with
regard to this RFQ and the procurement process in accordance with the provisions of applicable law:
•
To determine that any Qualification Statement received complies or fails to comply with the terms
of this RFQ.
•
To supplement, amend or otherwise modify the RFQ through issuance of addenda to all prospective
Respondents who have received a copy of this RFQ.
•
To waive any technical non-conformance with the terms of this RFQ.
•
To change or alter the schedule for any events called for in this RFQ upon the issuance of notice to
all prospective Respondents who have received a copy of this RFQ.
•
To conduct investigations of any or all of the Respondents, as the Board deems necessary or
convenient, to clarify the information provided as part of the Qualification Statement and to request
additional information to support the information included in any Qualification Statement.
6
•
To suspend or terminate the procurement process described in this RFQ at any time (in its sole
discretion.) If terminated, the Board may determine to commence a new procurement process or
exercise any other rights provided under applicable law without any obligation to the Respondents.
The Board shall be under no obligation to complete all or any portion of the procurement process described
in this RFQ.
1.5
Addenda or Amendments to RFQ.
During the period provided for the preparation of responses to the RFQ, the Board may issue addenda,
amendments or answers to written inquiries. Those addenda will be noticed by the Board and will constitute
a part of the RFQ. All responses to the RFQ shall be prepared with full consideration of the addenda issued
prior to the proposal submission date.
1.6
Cost of Proposal Preparation.
Each proposal and all information required to be submitted pursuant to the RFQ shall be prepared at the
sole cost and expense of the respondent. There shall be no claims whatsoever against the Board, its staff,
its consultants or such consultants’ staff, for reimbursement for the payment of costs or expenses incurred
in the preparation of the Qualification Statement or other information required by the RFQ.
1.7
Proposal Format.
Responses should cover all information requested in the questions to be answered in this RFQ. Responses
which in the judgment of the Board fail to meet the requirements of the RFQ or which are in any way
conditional, incomplete, obscure, contain additions or deletions from requested information, or contain
errors may be rejected.
SECTION 2
SCOPE OF SERVICES
It is the intent of the Board to solicit Qualification Statements from Respondents that have expertise in the
provision of legal services. Firms and/or persons responding to this RFQ shall be able to demonstrate that
they will have the continuing capabilities to perform these services.
SECTION 3
SUBMISSION REQUIREMENTS
Section 3.1
General Requirements.
The Qualification Statement submitted by the Respondent must meet or exceed the professional,
administrative and financial qualifications set forth in this Section 3 and shall incorporate the information
requested below.
In addition to the information required as described below, a Respondent may submit supplemental
7
information that it believes may be useful in evaluating its Qualification Statement. Respondents are
encouraged to be clear, factual, and concise in their presentation of information.
Section 3.2
Administrative Information Requirements.
The Respondent shall, as part of its Qualification Statement, provide the following information:
1.
An executive summary (not to exceed two (2) pages) of the information contained in all the other
parts of the Qualification Statement.
2.
An executed Letter of Qualification (See Appendix A to this RFQ).
3.
Name, address and telephone number of the firm or firms submitting the Qualification Statement
pursuant to this RFQ, and the name of the key contact person.
4.
A description of the business organization (i.e., corporation, partnership, joint venture, etc.) of each
firm, its ownership and its organizational structure.
(a)
Provide the names and business addresses of all Principals of the firm or firms submitting
the Qualification Statement. For purposes of this RFQ, "Principals" means persons
possessing an ownership interest in the Respondent. If the Respondent is a corporation,
"Principals" shall include each investor who would have any amount of operational control
over the Respondent and every stockholder having an ownership interest of ten percent
(10%) or more in the firm.
(b)
If a firm is a partially owned or a fully-owned subsidiary of another firm, identify the parent
company and describe the nature and extent of the parents' approval rights over the
activities of the firm submitting a Qualification Statement. Describe the approval process.
(c)
If the Respondent is a partnership or a joint venture or similar organization, provide
comparable information as required in (b) above for each member of the partnership, joint
venture or similar organization.
(d)
A statement that the Respondent has complied with all applicable affirmative action (or
similar) requirements with respect to its business activities, together with evidence of such
compliance
5.
An executed Letter of Intent (See Appendix B).
6.
An executed Payment Conditions and Rate Schedules Form (See Appendix C).
7.
An executed Americans with Disabilities Act of 1990 Acknowledgement Form (See Appendix D).
8.
A completed Business Entity Disclosure Form, Political Contribution Disclosure Form &
a Stockholder Disclosure Certification (Appendices E, F & G).
9.
The number of years the business organization has been in business under its present name.
8
10.
The number of years the business organization has been under its current management.
11.
Any judgments, claims or suits within the last three (3) years in which Respondent has been
adjudicated liable for professional malpractice. If yes, please explain.
12.
Whether the business organization is now or has been involved in any bankruptcy or re-
organization proceedings in the last ten (10) years. If yes, please explain.
13.
Confirm appropriate federal and state licenses to perform activities. Submit a copy of the Firm’s
Business Registration Certificate.
Section 3.3
Professional Information Requirements.
1. Respondent shall submit a description of its overall experience in providing the type of services
sought in the RFQ. At a minimum, the following information on past experience should be included
as appropriate to the RFQ:
a.
Description and scope of work by Respondent;
b.
Name, address and contact information of references; and
c.
Explanation of perceived relevance of the experience to the RFQ.
2.
Describe the services that Respondent would perform directly.
3. Describe those portions of the Respondent’s services, if any, that are sub-contracted out. Identify
all subcontractors the Respondent anticipates using in connection with this project.
4.
Does the Respondent normally employ union or non-union employees?
5.
Resumes of key employees.
6.
A narrative statement of the Respondent’s understanding of the Town’s needs and goals.
7. List all immediate relatives of Principal(s) of Respondent who are Town or Board employees or
elected officials of the Town or Board. For purposes of the above, “immediate relative” means a
spouse, parent, stepparent, brother, sister, child, stepchild, direct-line aunt or uncle, grandparent,
grandchild, and in- laws by reason of relation.
9
SECTION 4
INSTRUCTIONS TO RESPONDENTS
4.1
Submission of Qualification Statements.
Respondents must submit an original and one (1) copy of their Qualification Statement to the Designated
Contact Person:
James A. Campbell
Land Use Administrator
200 South St. PO Box 914
2nd Floor, Office of Planning & Zoning
Morristown, NJ 07963-0914
Qualification Statements must be received no later than 4:00 p.m. (prevailing time) on December 19, 2014,
and must be mailed or hand-delivered. Qualification Statements forwarded by facsimile or e-mail will not
be accepted.
To be responsive, Qualification Statements must provide all requested information, and must be in strict
conformance with the instructions set forth herein. Qualification Statements and all related information
must be bound, and signed and acknowledged by the Respondent.
SECTION 5
EVALUATION
The Town’s objective in soliciting Qualification Statements is to enable it to select a firm or organization
that will provide high quality and cost effective services to the citizens of Morristown. The Town will
consider Qualification Statements only from firms or organizations that, in the Town’s judgment, have
demonstrated the capability and willingness to provide high quality services to the citizens of the Town in
the manner described in this RFQ.
Proposals will be evaluated by the Town on the basis of the most advantageous, all relevant factors
considered. The evaluation will consider:
1.
Experience and reputation in the field;
2.
Knowledge of the Board and the subject matter addressed under the contract;
3.
Availability to accommodate the required meetings of the Board; and
4.
Other factors demonstrated to be in the best interest of the Board.
10
APPENDIX A
LETTER OF QUALIFICATION
(Note: To be typed on Respondent's Letterhead. No modifications may be made to this letter)
[INSERT DATE]
Attn: James A. Campbell
Land Use Administrator
Town of Morristown
200 South St. CN914, 2nd Floor Zoning Office
Morristown, NJ 07963-0914
Dear Mr. Campbell:
The undersigned has reviewed its Qualification Statement submitted in response to the Request for
Qualifications (RFQ) issued by the Town of Morristown Planning Board ("Board"), dated December 8,
2022, in connection with the Board’s need for Legal Services – Planning Board Attorney.
We affirm that the contents of our Qualification Statement (which Qualification Statement is incorporated
herein by reference), are accurate, factual and complete to the best of our knowledge and belief and that the
Qualification Statement is submitted in good faith upon the express understanding that any false statement
may result in the disqualification of (Name of Respondent).
(Respondent shall sign and complete the spaces provided below. If a joint venture, appropriate officers of
each company shall sign.)
_______________________________
(Signature of Chief Executive Officer)
_______________________________
(Typed Name and Title)
_______________________________
(Type Name of Firm)
Dated: ________________________
11
APPENDIX B
LETTER OF INTENT
(Note: To be typed on Respondent's Letterhead. No modifications may be made to this letter)
[INSERT DATE]
Attn: James A. Campbell
Land Use Administrator
Town of Morristown
200 South St. CN914, 2nd Floor Zoning Office
Morristown, NJ 07963-0914
Dear Mr. Campbell:
The undersigned, as Respondent, has (have) submitted the attached Qualification Statement in response to
a Request for Qualifications (RFQ), issued by the Town of Morristown Planning Board ("Board"), dated
December 8, 2022 in connection with the Board’s need for Legal Services – Planning Board Attorney.
(Name of Respondent) HEREBY STATES:
1.
The Qualification Statement contains accurate, factual and complete information.
2. (Name of Respondent) agrees (agrees) to participate in good faith in the procurement process as
described in the RFQ and to adhere to the Board's procurement schedule.
3. (Name of Respondent) acknowledges (acknowledge) that all costs incurred by it (them) in connection
with the preparation and submission of the Qualification Statement and any proposal prepared and
submitted in response to the RFQ, or any negotiation which results therefrom shall be borne
exclusively by the Respondent.
4. (Name of Respondent) hereby declares (declare) that the only persons participating in this
Qualification Statement as Principals are named herein and that no person other than those herein
mentioned has any participation in this Qualification Statement or in any contract to be entered into
with respect thereto. Additional persons may subsequently be included as participating Principals,
but only if acceptable to the Board. (Name of Respondent) declares that this Qualification
Statement is made without connection with any other person, firm or parties who has submitted a
Qualification Statement, except as expressly set forth below and that it has been prepared and has
been submitted in good faith and without collusion or fraud.
12
5. (Name of Respondent) acknowledges and agrees that the Board may modify, amend, suspend and/or
terminate the procurement process (in its sole judgment). In any case, the Board shall not have any
liability to the Respondent for any costs incurred by the Respondent with respect to the procurement
activities described in this RFQ.
6. (Name of Respondent) acknowledges that any contract executed with respect to the provision of
Legal Services-Planning Board Attorney must comply with all applicable affirmative action and
similar laws. Respondent hereby agrees to take such actions as are required in order to comply with
such applicable laws.
(Respondent shall sign and complete the space provided below. If a joint venture, appropriate officers of
each company shall sign.)
_______________________________
(Signature of Chief Executive Officer)
_______________________________
(Typed Name and Title)
_______________________________
(Type Name of Firm)
Dated: _________________________
13
APPENDIX C
PAYMENT CONDITIONS AND RATE SCHEDULES
1. The Morristown Planning Board wishes to approve the qualifications of a law firm or firms to provide
Planning Board Attorney Services to the Board for 2022. Upon appointment to the position of Attorney,
no work or compensation is guaranteed, however. This will be done by a Resolution of the Planning. By
submitting a response to this RFQ, the Respondent acknowledges that it will not propose or charge hourly
rates that exceed One Hundred and Fifty Dollars ($150) for attorneys.
2. Counsel shall be reimbursed at cost for expenses incurred for duplication, filing fees, court reporters and
other reasonable and approved out-of-pocket expenses advanced and/or incurred by counsel. Counsel shall
be reimbursed for direct charges including disbursements that are actual expenses incurred by the
Professional and or/their associated Firm in connection with such legal services and approved by the Board,
and shall include, but not be limited to:
a. Telegrams, faxes and long distance (Out-of-State) telephone calls;
b. Payment of filing, application fees, review fees and similar charges;
c. Computer expenses including time and proprietary program charges;
d. Outside printing, reproduction, binding, collating and other graphic services;
e. Messenger service, postage and handling of drawing and specifications, reports, contracts and other bulky
items.
3. Monthly invoices shall be submitted detailing all services performed.
Signature: The undersigned hereby acknowledges and accepts the established payment terms.
Name of Respondent/Firm:
Print name and title:
Signature:
Date:
ATTEST:
Witness
14
APPENDIX D
AMERICANS WITH DISABILITIES ACT OF 1990
ACKNOWLEDGEMENT FORM
This form is an agreement of the successful Vendor’s obligation to comply with the requirements of 42 U.S.C.
§121.01 et seq., referred to as the Americans Disability Act of 1990.
The undersigned Vendor hereby acknowledges receipt of the Americans with Disabilities Act of 1990 found at
Appendix B of this packet.
The undersigned Vendor hereby certifies that he/she is aware of the commitment to comply with the requirements
of 42 U.S.C. §121.01 et seq. and agrees to furnish any required forms as evidence of compliance.
The undersigned Vendor further certifies that he/she understands that his/her proposal shall be rejected as non-
responsive and any contract entered into shall be void and of no effect if said Vendor fails to comply with the
requirements of 42 U.S.C. §121.01 et seq.
COMPANY: ___________________________ TITLE: ______________________________
PRINT NAME: __________________________SIGNATURE:_______________________________
DATE:______________________
15
APPENDIX E
BUSINESS ENTITY DISCLOSURE CERTIFICATION
PURSUANT TO CHAPTER 2, SECTION 2-87, PUBLIC CONTRACTING REFORM
ORDINANCE, OF THE CODE OF TOWN OF MORRISTOWN, NEW JERSEY
T OWN OF MORRISTOWN
Part I – Vendor Affirmation
The undersigned, being authorized and knowledgeable of the circumstances, does hereby certify that
has not made and will not make any contributions pursuant to Chapter 2, Section 2-87, Public
Contracting Reform Ordinance, of the Code of the Town of Morristown, that would bar the award of this contract in the one
year period preceding
(date of award scheduled for approval of the contract by the governing body) to any of the following named
candidate committee, joint candidates committee; or political party committee representing the elected officials of the Town
of Morristown as defined pursuant to N.J.S.A. 19:44A-3(p), (q) and (r).
Mayor Timothy Dougherty
Councilperson Michael Elms
Councilperson Toshiba Foster
Councilperson Tawanna Cotten
Councilperson Stefan Armington
Councilperson David Silva
Councilperson Robert Iannacone
Councilperson Sandi Mayer
Morristown Democratic Organization
Morristown Republican Organization
Morris County Party Committee
Any other Committee referred to in the Ordinance
Part II – Ownership Disclosure Certification
I certify that the list below contains the names and home addresses of all owners holding 10% or more of the issued
and outstanding stock of the undersigned.
Check the box that represents the type of business entity:
Partnership
Corporation
Sole Proprietorship
Subchapter S Corporation
Limited Partnership Limited Liability Corporation
Limited Liability Partnership
Name of Stock or Shareholder
Home Address
Part 3 – Signature and Attestation:
The undersigned is fully aware that if I have misrepresented in whole or part this affirmation and certification, I
and/or the business entity, will be liable for any penalty permitted under law. Name of
Business Entity:
Signed:
Print Name:
Title:
Date:
Subscribed and sworn before me this
day of
, 2 .
My Commission expires:
(Affiant)
(Print name & title of affiant) (Corporate Seal)
16
BUSINESS ENTITY DISCLOSURE CERTIFICATION
FOR NON-FAIR AND OPEN CONTRACTS Required
Pursuant To N.J.S.A. 19:44A-20.8
T OWN OF M OR R IST OWN
The following is statutory text related to the terms and citations used in the Business Entity Disclosure
Certification form.
“Local Unit Pay-To-Play Law” (P.L. 2004, c.19, as amended by P.L. 2005, c.51)
19:44A-20.6 Certain contributions deemed as contributions by business entity.
5. When a business entity is a natural person, a contribution by that person's spouse or child, residing therewith, shall be deemed
to be a contribution by the business entity. When a business entity is other than a natural person, a contribution by any person
or other business entity having an interest therein shall be deemed to be a contribution by the business entity.
19:44A-20.7 Definitions relative to certain campaign contributions.
6. As used in sections 2 through 12 of this act:
“business entity" means any natural or legal person, business corporation, professional services corporation, limited liability
company, partnership, limited partnership, business trust, association or any other legal commercial entity organized under the
laws of this State or of any other state or foreign jurisdiction;
“interest" means the ownership or control of more than 10% of the profits or assets of a business entity or 10% of the stock in
the case of a business entity that is a corporation for profit, as appropriate;
Temporary and Executing
12. Nothing contained in this act shall be construed as affecting the eligibility of any business entity to perform a public
contract because that entity made a contribution to any committee during the one-year period immediately preceding the effective
date of this act.
The New Jersey Campaign Contributions and Expenditures Reporting Act (N.J.S.A. 19:44A-1 et seq.)
19:44A-3 Definitions. In pertinent part…
p. The term "political party committee" means the State committee of a political party, as organized pursuant to R.S.19:5-4,
any county committee of a political party, as organized pursuant to R.S.19:5-3, or any municipal committee of a political
party, as organized pursuant to R.S.19:5-2.
q. The term "candidate committee" means a committee established pursuant to subsection a. of section 9 of
P.L.1973, c.83 (C.19:44A-9) for the purpose of receiving contributions and making expenditures.
r. the term "joint candidates committee" means a committee established pursuant to subsection a. of section 9 of P.L.1973, c.83
(C.19:44A-9) by at least two candidates for the same elective public offices in the same election in a legislative district, county,
municipality or school district, but not more candidates than the total number of the same elective public offices to be filled in
that election, for the purpose of receiving contributions and making expenditures. For the purpose of this subsection: …; the
offices of member of the board of chosen freeholders
and county executive shall be deemed to be the same elective public offices in a county; and the offices of mayor and
member of the municipal governing body shall be deemed to be the same elective public offices in a municipality.
19:44A-8 and 16 Contributions, expenditures, reports, requirements.
While the provisions of this section are too extensive to reprint here, the following is deemed to be the pertinent part affecting amounts of contributions:
“The $300 limit established in this subsection shall remain as stated in this subsection without further adjustment by the
commission in the manner prescribed by section 22 of P.L.1993, c.65 (C.19:44A-7.2)
17
APPENDIX F
C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM
Public Agency Instructions
This page provides guidance to public agencies entering into contracts with business entities that are required to file
Political Contribution Disclosure forms with the agency. It is not intended to be provided to contractors. What
follows are instructions on the use of form local units can provide to contractors that are required to disclose
political contributions pursuant to N.J.S.A.
19:44A-20.26 (P.L. 2005, c. 271, s.2). Additional information on the process is available in
Local Finance Notice 2006-1 (www.nj.gov/dca/lgs/lfns/lfnmenu.shtml).
1. The disclosure is required for all contracts in excess of $17,500 that are not awarded pursuant to a “fair and
open” process (N.J.S.A. 19:44A-20.7).
2. Due to the potential length of some contractor submissions, the public agency should consider allowing
data to be submitted in electronic form (i.e., spreadsheet, pdf file, etc.). Submissions must be kept with the
contract documents or in an appropriate computer file and be available for public access. The form is
worded to accept this alternate submission. The text should be amended if electronic submission will
not be allowed.
3. The submission must be received from the contractor and on file at least 10 days prior to award of the
contract. Resolutions of award should reflect that the disclosure has been received and is
on file.
4. The contractor must disclose contributions made to candidate and party committees covering a wide range of
public agencies, including all public agencies that have elected officials in the county of the public agency,
state legislative positions, and various state entities. The Division of Local Government Services
recommends that contractors be provided a list of the affected agencies. This will assist contractors in
determining the campaign and political committees of the officials and candidates affected by the disclosure.
a. The Division has prepared model disclosure forms for each county. They can be
downloaded from the “County PCD Forms” link on the Pay-to-Play web site at
www.nj.gov/dca/lgs/p2p. They will be updated from time-to-time as necessary.
b. A public agency using these forms should edit them to properly reflect the correct legislative
district(s). As the forms are county-based, they list all legislative districts in each county.
Districts that do not represent the public agency should be removed from the lists.
c.
Some contractors may find it easier to provide a single list that covers all contributions,
regardless of the county. These submissions are appropriate and should be accepted.
d. The form may be used “as-is”, subject to edits as described herein.
e.
The “Contractor Instructions” sheet is intended to be provided with the form. It is recommended
that the Instructions and the form be printed on the same piece of paper. The form notes that the
Instructions are printed on the back of the form; where that is not the case, the text should be
edited accordingly.
f.
The form is a Word document and can be edited to meet local needs, and posted for download on
web sites, used as an e-mail attachment, or provided as a printed document.
5. It is recommended that the contractor also complete a “Stockholder Disclosure Certification.” This will
assist the local unit in its obligation to ensure that contractor did not make any prohibited contributions to
the committees listed on the Business Entity Disclosure Certification in the 12 months prior to the contract.
(See Local Finance Notice 2006-7 for additional information on this obligation) A sample Certification
form is part of this package and the instruction to complete it is included in the Contractor Instructions.
NOTE: This section is not applicable to Boards of Education.
18
C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM
Contractor Instructions
Business entities (contractors) receiving contracts from a public agency that are NOT awarded pursuant to a “fair and
open” process (defined at N.J.S.A. 19:44A-20.7) are subject to the provisions of P.L. 2005, c.
271, s.2 (N.J.S.A. 19:44A-20.26). This law provides that 10 days prior to the award of such a contract, the contractor
shall disclose contributions to:
•
any State, county, or municipal committee of a political party
•
any legislative leadership committee*
•
any continuing political committee (a.k.a., political action committee)
•
any candidate committee of a candidate for, or holder of, an elective office:
o
of the public entity awarding the contract
o
of that county in which that public entity is located
o
of another public entity within that county
o
or of a legislative district in which that public entity is located or, when the
public entity is a county, of any legislative district which includes all or part
of the county
The disclosure must list reportable contributions to any of the committees that exceed $300 per election cycle that
were made during the 12 months prior to award of the contract. See N.J.S.A. 19:44A-8 and
19:44A-16 for more details on reportable contributions.
N.J.S.A. 19:44A-20.26 itemizes the parties from whom contributions must be disclosed when a business entity is not
a natural person. This includes the following:
•
individuals with an “interest” ownership or control of more than 10% of the profits or assets of a
business entity or 10% of the stock in the case of a business entity that is a corporation for profit
•
all principals, partners, officers, or directors of the business entity or their spouses
•
any subsidiaries directly or indirectly controlled by the business entity
•
IRS Code Section 527 New Jersey based organizations, directly or indirectly controlled by the
business entity and filing as continuing political committees, (PACs).
When the business entity is a natural person, “a contribution by that person’s spouse or child, residing therewith,
shall be deemed to be a contribution by the business entity.” [N.J.S.A. 19:44A-20.26(b)] The contributor must be
listed on the disclosure.
Any business entity that fails to comply with the disclosure provisions shall be subject to a fine imposed by ELEC
in an amount to be determined by the Commission which may be based upon the amount that the business entity
failed to report.
The enclosed list of agencies is provided to assist the contractor in identifying those public agencies whose elected
official and/or candidate campaign committees are affected by the disclosure requirement. It is the contractor’s
responsibility to identify the specific committees to which contributions may have been made and need to be
disclosed. The disclosed information may exceed the minimum requirement.
The enclosed form, a content-consistent facsimile, or an electronic data file containing the required details (along
with a signed cover sheet) may be used as the contractor’s submission and is disclosable to the public under the Open
Public Records Act.
The contractor must also complete the attached Stockholder Disclosure Certification. This will assist the agency in
meeting its obligations under the law. NOTE: This section does not apply to Board of Education contracts.
* N.J.S.A. 19:44A-3(s): “The term "legislative leadership committee" means a committee established, authorized to
be established, or designated by the President of the Senate, the Minority Leader of the Senate, the Speaker of the
General Assembly or the Minority Leader of the General Assembly pursuant to section 16 of P.L.1993, c.65
(C.19:44A-10.1) for the purpose of receiving contributions and making expenditures.”
19
Required Pursuant To N.J.S.A. 19:44A-20.26
This form or its permitted facsimile must be submitted to the local unit
no later than 10 days prior to the award of the contract.
Part I – Vendor Information
Vendor Name:
Address:
City:
State:
Zip:
The undersigned being authorized to certify, hereby certifies that the submission provided herein represents
compliance with the provisions of N.J.S.A. 19:44A-20.26 and as represented by the Instructions accompanying this
form.
Signature
Printed Name
Title
Part II – Contribution Disclosure
Disclosure requirement: Pursuant to N.J.S.A. 19:44A-20.26 this disclosure must include all reportable political
contributions (more than $300 per election cycle) over the 12 months prior to submission to the committees of the
government entities listed on the form provided by the local unit.
Check here if disclosure is provided in electronic form.
Contributor Name
Recipient Name
Date
Dollar Amount
$
Check here if the information is continued on subsequent page(s)
20
Continuation Page
C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM
Required Pursuant To N.J.S.A. 19:44A-20.26
Page
of
Vendor Name:
Contributor Name
Recipient Name
Date
Dollar Amount
$
Check here if the information is continued on subsequent page(s)
21
List of Agencies with Elected Officials Required for Political Contribution Disclosure
N.J.S.A. 19:44A-20.26
County Name:
State: Governor, and Legislative Leadership Committees
Legislative District #s:
State Senator and two members of the General Assembly per district.
County:
Freeholders
County Clerk
Sheriff
{County Executive}
Surrogate
Municipalities (Mayor and members of governing body, regardless of title):
Mayor Timothy Dougherty
Councilperson Michael Elms
Councilperson Toshiba Foster
Councilperson Tawanna Cotten
Councilperson Stefan Armington
Councilperson David Silva
Councilperson Robert Iannaccone
Councilperson Sandi Mayer
Morristown Democratic Organization
Morristown Republican Organization
Morris County Party Committee
Any other Committee referred to in the Ordinance
USERS SHOULD CREATE THEIR OWN FORM, OR DOWNLOAD
FROM WWW.NJ.GOV/DCA/LGS/P2P A COUNTY-BASED,
CUSTOMIZABLE FORM.
22
APPENDIX G
STOCKHOLDER DISCLOSURE CERTIFICATION
Name of Business:
I certify that the list below contains the names and home addresses of all stockholders holding
10% or more of the issued and outstanding stock of the undersigned.
O
R
I certify that no one stockholder owns 10% or more of the issued and outstanding stock of the
undersigned.
Check the box that represents the type of business organization:
Partnership
Corporation
Sole Proprietorship
Limited Partnership
Limited Liability Corporation
Limited Liability
Partnership
Subchapter S Corporation
Sign and notarize the form below, and, if necessary, complete the stockholder list below.
Stockholders:
Name:
Name:
Home Address:
Home Address:
Name:
Name:
Home Address:
Home Address:
Name:
Name:
Home Address:
Home Address:
Subscribed and sworn before me this day of _, 2 . __________________________
(Affiant)
(Notary Public)
__________________________
(Print name & title of affiant)
My Commission expires:
(Corporate Seal)
--- Document: 2023 RFQ for Planning Board Engineer.pdf ---
NOTE: The Town of Morristown Planning Board will consider proposals only from firms or
organizations that have demonstrated the capability and willingness to provide high quality services
in the manner described in this Request for Qualifications.
REQUEST FOR QUALIFICATIONS
FOR THE PROVISION OF ENGINEERING SERVICES – PLANNING BOARD
CONSULTING ENGINEERS
ISSUE DATE: November 3, 2022
DUE DATE: December 8, 2022
Issued by:
Town of Morristown
Planning Board
2
GLOSSARY
The following definitions shall apply to and are used in this Request for Qualifications:
"Board" - refers to the Planning Board.
"Town" - refers to the Town of Morristown.
"Principals" means persons possessing an ownership interest in the Respondent. If the Respondent is a
corporation, "Principals" shall include each investor who would have any amount of operational control
over the Respondent and every stockholder having an ownership interest of ten percent (10%) or more in
the firm.
"Qualification Statement" - refers to the complete responses to this RFQ submitted by the Respondents.
"Qualified Respondent" - refers to those Respondents who have satisfied the qualification criteria set forth
in this RFQ.
"Respondent" or "Respondents" - refers to the interested firm(s) that submit a Qualification Statement.
“Review Team” – Members of the Board and its legal and/or financial advisors who shall review the
Qualification Statements.
"RFQ" - refers to this Request for Qualifications, including any amendments thereof or supplements thereto.
3
SECTION 1
INTRODUCTION AND GENERAL INFORMATION
1.1.
Introduction and Purpose.
The Board is soliciting Qualification Statements from interested persons and/or firms for the provision of
Consulting Engineering Services, as more particularly described herein. Through a Request for
Qualification process described herein, persons and/or firms interested in assisting the Board with the
provision of such services must prepare and submit a Qualification Statement in accordance with the
procedures and schedules in this RFQ. The Board will review Qualification Statements only from those
firms that submit a Qualification Statement which includes all the information required to be included as
described herein (in the sole judgment of the Board). The Board intends to qualify person(s) and/or firm(s)
that: (a) possesses the professional, financial and administrative capabilities to provide the proposed
services; and (b) will agree to work under the compensation terms and conditions determined by the Board
to provide the greatest benefit to the taxpayers of Morristown.
1.2.
Procurement Process and Schedule.
The selection of Qualified Respondents is not subject to the bidding 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-20.4 et seq. and the Morristown Pay to Play Ordinance 2-87. The Board has
structured a procurement process that seeks to obtain the desired results described above, while establishing
a competitive process to assure that each person and/or firm is provided with an equal opportunity to submit
a Qualification Statement in response to the RFQ. Qualification Statements will be evaluated in accordance
with the criteria set forth in Section 3 of this RFQ, which will be applied in the same manner to each
Qualification Statement received. Respondents agree to at all times abide by all requirements of New Jersey
law, including, but not limited to the aforementioned “Pay to Play” laws, as well as any and all relevant
Executive Orders and the New Jersey Election Law Enforcement Commission disclosure requirements.
Qualification Statements will be reviewed and evaluated by the Board, the Town and thier legal and/or
financial advisors (collectively, the "Review Team"). The Qualification Statements will be reviewed to
determine if the Respondent has met the minimum professional, administrative and financial criteria
described in this RFQ. Under no circumstances will a member of the Review Team review responses to an
RFQ for a position which they or their firm submitted a response. Based upon the totality of the information
contained in the Qualification Statement, including information about the reputation and experience of each
Respondent, the Board will (in its sole judgment) determine which Respondents are qualified from
professional, administrative and financial standpoints. Each Respondent that meets the requirements of the
RFQ (in the sole judgment of the Board) will be designated as a Qualified Respondent and will be given
the opportunity to participate in the selection process determined by the Board.
The RFQ process commences with the issuance of this RFQ. The steps involved in the process and the
anticipated completion dates are set forth in Table 1, Procurement Schedule. The Board reserves the right
to, among other things, amend, modify or alter the Procurement Schedule upon notice to all potential
Respondents.
4
All communications concerning this RFQ or the RFQ process shall be directed to the Board’s
Designated Contact Person, in writing.
Designated Contact Person:
James A. Campbell
Land Use Administrator
200 South St. PO Box 914
2nd Floor, Office of Planning & Zoning
Morristown, NJ 07963-0914
Qualification Statements must be submitted to, and be received by, the Board, by hand delivery or regular
mail, by 4:00pm prevailing time on December 8, 2022. Qualification Statements will not be accepted by
facsimile transmission or e-mail.
Subsequent to issuance of this RFQ, the Board (through the issuance of addenda to all firms that have
received a copy of the RFQ) may modify, supplement or amend the provisions of this RFQ in order to
respond to inquiries received from prospective Respondents or as otherwise deemed necessary or
appropriate by, and in the sole judgment of, the Board.
TABLE 1
ANTICIPATED PROCUREMENT SCHEDULE
ACTIVITY
DATE
1. Issuance of Request for Qualifications
November 3, 2022
2. Receipt of Qualification Statements
December 8, 2022
3. Completion of Evaluation of Qualification Statements by the Review Team
December 15, 2022
4. Town Review of Review Team Recommendations
December 28, 2022
5. Approval of Professional Services Resolution at Zoning Board of Adjustment
Reorganization Meeting
January 5, 2023
Section 1.3.
Conditions Applicable to RFQ.
Upon submission of a Qualification Statement in response to this RFQ, the Respondent acknowledges and
consents to the following conditions relative to the submission and review and consideration of its
Qualification Statement:
•
This document is an RFQ and does not constitute an RFP.
•
This RFQ does not commit the Board to issue an RFP.
•
All costs incurred by the Respondent in connection with responding to this RFQ shall be borne
5
solely by the Respondent.
•
The Board reserves the right, in its sole judgment, to reject for any reason, any and all responses
and components thereof and to eliminate any and all Respondents responding to this RFQ from
further consideration for this procurement.
•
The Board reserves the right, in its sole judgment, to reject any Respondent that submits incomplete
responses to this RFQ, or a Qualification Statement that is not responsive to the requirements of
this RFQ.
•
The Board reserves the right, without prior notice, to supplement, amend, or otherwise modify this
RFQ, or otherwise request additional information.
•
All Qualification Statements shall become the property of the Board and will not be returned.
•
All Qualification Statements will be made available to the public at the appropriate time, as
determined by the Board, in the exercise of its sole discretion, in accordance with applicable law.
•
The Board may request Respondents to send representatives to the Board for interviews.
•
Any and all Qualification Statements not received by the Board by 4:00pm prevailing time on
December 8, 2022 will be rejected.
•
Neither the Board, its consultants or advisors, nor their respective staffs, including, but not limited
to, the Review Team, shall be liable for any claims or damages resulting from the solicitation or
preparation of the Qualification Statement, nor will there be any reimbursement to Respondents for
the cost of preparing and submitting a Qualification Statement or for participating in this
procurement process.
Section 1.4.
Rights of Board.
The Board reserves, holds and may exercise, at its sole discretion, the following rights and options with
regard to this RFQ and the procurement process in accordance with the provisions of applicable law:
•
To determine that any Qualification Statement received complies or fails to comply with the terms
of this RFQ.
•
To supplement, amend or otherwise modify the RFQ through issuance of addenda to all prospective
Respondents who have received a copy of this RFQ.
•
To waive any technical non-conformance with the terms of this RFQ.
•
To change or alter the schedule for any events called for in this RFQ upon the issuance of notice to
all prospective Respondents who have received a copy of this RFQ.
•
To conduct investigations of any or all of the Respondents, as the Board deems necessary or
convenient, to clarify the information provided as part of the Qualification Statement and to request
additional information to support the information included in any Qualification Statement.
6
•
To suspend or terminate the procurement process described in this RFQ at any time (in its sole
discretion.) If terminated, the Board may determine to commence a new procurement process or
exercise any other rights provided under applicable law without any obligation to the Respondents.
The Board shall be under no obligation to complete all or any portion of the procurement process described
in this RFQ.
1.5
Addenda or Amendments to RFQ.
During the period provided for the preparation of responses to the RFQ, the Board may issue addenda,
amendments or answers to written inquiries. Those addenda will be noticed by the Board and will constitute
a part of the RFQ. All responses to the RFQ shall be prepared with full consideration of the addenda issued
prior to the proposal submission date.
1.6
Cost of Proposal Preparation.
Each proposal and all information required to be submitted pursuant to the RFQ shall be prepared at the
sole cost and expense of the respondent. There shall be no claims whatsoever against the Board, its staff,
its consultants or such consultants’ staff, for reimbursement for the payment of costs or expenses incurred
in the preparation of the Qualification Statement or other information required by the RFQ.
1.7
Proposal Format.
Responses should cover all information requested in the questions to be answered in this RFQ. Responses
which in the judgment of the Board fail to meet the requirements of the RFQ or which are in any way
conditional, incomplete, obscure, contain additions or deletions from requested information, or contain
errors may be rejected.
SECTION 2
SCOPE OF SERVICES
It is the intent of the Engineering Services-Planning Board. Firms and/or persons responding to this RFQ
shall be able to demonstrate that they will have the continuing capabilities to perform these services.
SECTION 3
SUBMISSION REQUIREMENTS
Section 3.1
General Requirements.
The Qualification Statement submitted by the Respondent must meet or exceed the professional,
administrative and financial qualifications set forth in this Section 3 and shall incorporate the information
requested below.
In addition to the information required as described below, a Respondent may submit supplemental
information that it believes may be useful in evaluating its Qualification Statement. Respondents are
7
encouraged to be clear, factual, and concise in their presentation of information.
Section 3.2
Administrative Information Requirements.
The Respondent shall, as part of its Qualification Statement, provide the following information:
1.
An executive summary (not to exceed two (2) pages) of the information contained in all the other
parts of the Qualification Statement.
2.
An executed Letter of Qualification (See Appendix A to this RFQ).
3.
Name, address and telephone number of the firm or firms submitting the Qualification Statement
pursuant to this RFQ, and the name of the key contact person.
4.
A description of the business organization (i.e., corporation, partnership, joint venture, etc.) of each
firm, its ownership and its organizational structure.
(a)
Provide the names and business addresses of all Principals of the firm or firms submitting
the Qualification Statement. For purposes of this RFQ, "Principals" means persons
possessing an ownership interest in the Respondent. If the Respondent is a corporation,
"Principals" shall include each investor who would have any amount of operational control
over the Respondent and every stockholder having an ownership interest of ten percent
(10%) or more in the firm.
(b)
If a firm is a partially owned or a fully-owned subsidiary of another firm, identify the parent
company and describe the nature and extent of the parents' approval rights over the
activities of the firm submitting a Qualification Statement. Describe the approval process.
(c)
If the Respondent is a partnership or a joint venture or similar organization, provide
comparable information as required in (b) above for each member of the partnership, joint
venture or similar organization.
(d)
A statement that the Respondent has complied with all applicable affirmative action (or
similar) requirements with respect to its business activities, together with evidence of such
compliance
5.
An executed Letter of Intent (See Appendix B).
6.
An executed Payment Conditions and Rate Schedules Form (See Appendix C).
7.
An executed Americans with Disabilities Act of 1990 Acknowledgement Form (See Appendix D).
8.
A completed Business Entity Disclosure Form, Political Contribution Disclosure Form & a
Stockholder Disclosure Certification (Appendices E, F & G).
9.
The number of years the business organization has been in business under its present name.
10.
The number of years the business organization has been under its current management.
8
11.
Any judgments, claims or suits within the last three (3) years in which Respondent has been
adjudicated liable for professional malpractice. If yes, please explain.
12.
Whether the business organization is now or has been involved in any bankruptcy or re-
organization proceedings in the last ten (10) years. If yes, please explain.
13.
Confirm appropriate federal and state licenses to perform activities. Submit a copy of the Firm’s
Business Registration Certificate.
Section 3.3
Professional Information Requirements.
1. Respondent shall submit a description of its overall experience in providing the type of services
sought in the RFQ. At a minimum, the following information on past experience should be included
as appropriate to the RFQ:
a.
Description and scope of work by Respondent;
b.
Name, address and contact information of references; and
c.
Explanation of perceived relevance of the experience to the RFQ.
2.
Describe the services that Respondent would perform directly.
3. Describe those portions of the Respondent’s services, if any, that are sub-contracted out. Identify
all subcontractors the Respondent anticipates using in connection with this project.
4.
Does the Respondent normally employ union or non-union employees?
5.
Resumes of key employees.
6.
A narrative statement of the Respondent’s understanding of the Town’s needs and goals.
7. List all immediate relatives of Principal(s) of Respondent who are Town or Board employees or
elected officials of the Town or Board. For purposes of the above, “immediate relative” means a
spouse, parent, stepparent, brother, sister, child, stepchild, direct-line aunt or uncle, grandparent,
grandchild, and in- laws by reason of relation.
SECTION 4
INSTRUCTIONS TO RESPONDENTS
4.1
Submission of Qualification Statements.
Respondents must submit an original and one (1) copy of their Qualification Statement to the Designated
Contact Person:
James A. Campbell
Land Use Administrator
200 South St. PO Box 914
2nd Floor, Office of Planning & Zoning
Morristown, NJ 07963-0914
9
Qualification Statements must be received no later than 4:00 p.m. (prevailing time) on December 8, 2022,
and must be mailed or hand-delivered. Qualification Statements forwarded by facsimile or e-mail will not
be accepted.
To be responsive, Qualification Statements must provide all requested information, and must be in strict
conformance with the instructions set forth herein. Qualification Statements and all related information
must be bound, and signed and acknowledged by the Respondent.
SECTION 5
EVALUATION
The Board’s objective in soliciting Qualification Statements is to enable it to select a firm or organization
that will provide high quality and cost effective services to the citizens of Morristown. The Town will
consider Qualification Statements only from firms or organizations that, in the Board’s judgment, have
demonstrated the capability and willingness to provide high quality services to the citizens of the Town in
the manner described in this RFQ.
Proposals will be evaluated by the Board and the Town on the basis of the most advantageous, all relevant
factors considered. The evaluation will consider:
1.
Experience and reputation in the field;
2.
Knowledge of the Board and the subject matter addressed under the contract;
3.
Availability to accommodate the required meetings of the Board; and
4.
Other factors demonstrated to be in the best interest of the Board.
10
APPENDIX A
LETTER OF QUALIFICATION
(Note: To be typed on Respondent's Letterhead. No modifications may be made to this letter)
[INSERT DATE]
Attn: James A. Campbell
Land Use Administrator
Town of Morristown
200 South St. CN914, 2nd Floor Zoning Office
Morristown, NJ 07963-0914
Dear Mr. Campbell:
The undersigned has reviewed its Qualification Statement submitted in response to the Request for
Qualifications (RFQ) issued by the Town of Morristown Planning Board ("Board"), dated December 8,
2022, in connection with the Board’s need for Engineering Services-Consulting Engineer Planning
Board.
We affirm that the contents of our Qualification Statement (which Qualification Statement is incorporated
herein by reference), are accurate, factual and complete to the best of our knowledge and belief and that the
Qualification Statement is submitted in good faith upon the express understanding that any false statement
may result in the disqualification of (Name of Respondent).
(Respondent shall sign and complete the spaces provided below. If a joint venture, appropriate officers of
each company shall sign.)
_______________________________
(Signature of Chief Executive Officer)
_______________________________
(Typed Name and Title)
_______________________________
(Type Name of Firm)
Dated: ________________________
11
APPENDIX B
LETTER OF INTENT
(Note: To be typed on Respondent's Letterhead. No modifications may be made to this letter)
[INSERT DATE]
Attn: James A. Campbell
Land Use Administrator
Town of Morristown
200 South St. CN914, 2nd Floor Zoning Office
Morristown, NJ 07963-0914
Dear Mr. Campbell:
The undersigned, as Respondent, has (have) submitted the attached Qualification Statement in response to
a Request for Qualifications (RFQ), issued by the Town of Morristown Planning Board ("Board"), dated
December 8, 2022 in connection with the Board’s need for Engineering Services-Consulting Engineer
Planning Board.
(Name of Respondent) HEREBY STATES:
1.
The Qualification Statement contains accurate, factual and complete information.
2. (Name of Respondent) agrees (agrees) to participate in good faith in the procurement process as
described in the RFQ and to adhere to the Town's procurement schedule.
3. (Name of Respondent) acknowledges (acknowledge) that all costs incurred by it (them) in connection
with the preparation and submission of the Qualification Statement and any proposal prepared and
submitted in response to the RFQ, or any negotiation which results there from shall be borne
exclusively by the Respondent.
4. (Name of Respondent) hereby declares (declare) that the only persons participating in this
Qualification Statement as Principals are named herein and that no person other than those herein
mentioned has any participation in this Qualification Statement or in any contract to be entered into
with respect thereto. Additional persons may subsequently be included as participating Principals,
but only if acceptable to the Board. (Name of Respondent) declares that this Qualification
Statement is made without connection with any other person, firm or parties who has submitted a
Qualification Statement, except as expressly set forth below and that it has been prepared and has
been submitted in good faith and without collusion or fraud.
12
5. (Name of Respondent) acknowledges and agrees that the Board may modify, amend, suspend and/or
terminate the procurement process (in its sole judgment). In any case, the Board shall not have any
liability to the Respondent for any costs incurred by the Respondent with respect to the procurement
activities described in this RFQ.
6. (Name of Respondent) acknowledges that any contract executed with respect to the provision of
Engineering Services – Consulting Engineers must comply with all applicable affirmative action
and similar laws. Respondent hereby agrees to take such actions as are required in order to comply
with such applicable laws.
(Respondent shall sign and complete the space provided below. If a joint venture, appropriate officers of
each company shall sign.)
_______________________________
(Signature of Chief Executive Officer)
_______________________________
(Typed Name and Title)
_______________________________
(Type Name of Firm)
Dated: ________________________
13
APPENDIX C
PAYMENT CONDITIONS AND RATE SCHEDULES
1. The Town of Morristown Planning Board wishes to approve the qualifications of an engineering firm or firms
to provide Consulting Engineering Services to the Board for 2022. Upon appointment to the position of Consulting
Engineer, no work or compensation is guaranteed, however. Instead, the Board will approve proposals for projects
(including compensation terms) on an as needed basis. This will be done by a Resolution of the Planning Board. By
submitting a response to this RFQ, the Respondent acknowledges that it will not propose or charge hourly rates that
exceed those listed below:
•
Partner
$150.00 Per Hour
•
Principal
$145.00 Per Hour Project
•
Manager
$139.00 Per Hour
•
Professional Engineer
$136.00 Per Hour
•
Senior Project Engineer
$124.00 Per Hour
•
Project Engineer
$114.00 Per Hour
•
Senior Design Engineer
$104.00 Per Hour
•
Design Engineer
$ 93.00 Per Hour
•
Senior Engineering Technician
$ 90.00 Per Hour
•
Engineering Technician
$ 84.00 Per Hour Chief
•
Draftsperson
$ 85.00 Per Hour Senior
•
Draftsperson
$ 79.00 Per Hour Junior
•
Draftsperson
$ 61.00 Per Hour
•
Professional Land Surveyor
$130.00 Per Hour
•
Land Surveyor
$109.00 Per Hour
•
Land Surveyor w/Robotic Total Station
$145.00 Per Hour
•
Senior Party Chief w/Robotic Total Station
$103.00 Per Hour
•
Party Chief
$ 82.00 Per Hour
•
Junior Party Chief
$ 77.00 Per Hour
•
Survey Technician
$ 76.00 Per Hour
•
Field Crew Member
$ 66.00 Per Hour
•
Junior SurveyTechnician
$ 48.00 Per Hour
•
Chief Construction Engineer
$109.00 Per Hour
•
Senior Construction Engineer
$ 93.00 Per Hour
•
Construction Engineer
$ 87.00 Per Hour
•
Chief Construction Technician
$ 77.00 Per Hour
•
Senior Construction Technician
$ 70.00 Per Hour
•
Junior Construction Technician
$ 65.00 Per Hour
•
Administrative Assistant
$ 70.00 Per Hour
•
Senior Clerical
$ 50.00 Per Hour
•
Management Information Systems Technician
$ 84.00 Per Hour
•
Senior CAD Technician
$ 80.00 Per Hour
•
Computer Technician
$ 77.00 Per Hour
•
Computer
$ 75.00 Per Hour
•
CAD System
$ 77.00 Per Hour
•
Licensed Landscape Architect
$109.00 Per Hour
•
Senior Landscape Designer
$ 98.00 Per Hour
•
Certified Tree Expert
$ 87.00 Per Hour
•
Junior Landscape Designer
$ 77.00 Per Hour
•
Professional Planner
$114.00 Per Hour
•
Planning Technician
$ 82.00 Per Hour
14
2.
The Professional shall be reimbursed at cost for expenses incurred for duplication, filing fees and other
reasonable and approved out-of-pocket expenses advanced and/or incurred by them. The Professional shall be
reimbursed for direct charges including disbursements that are actual expenses incurred by the Professional and
or/their associated Firm in connection with such engineering services and approved by the Board, and shall
include, but not be limited to:
a.
Telegrams, faxes and long distance (Out-of-State) telephone calls;
b.
Payment of filing, application fees, review fees and similar charges;
c.
Computer expenses including time and proprietary program charges;
d.
Outside printing, reproduction, binding, collating and other graphic services;
e.
Messenger service, postage and handling of drawing and specifications, reports, contracts and
other bulky items.
3. Monthly invoices shall be submitted detailing all services performed.
Signature: The undersigned hereby acknowledges and accepts the established payment terms.
Name of Respondent/Firm:
Print name and title:
Signature:
Date:
ATTEST:
Witness
15
APPENDIX D
AMERICANS WITH DISABILITIES ACT OF 1990
ACKNOWLEDGEMENT FORM
This form is an agreement of the successful Vendor’s obligation to comply with the requirements of 42 U.S.C.
§121.01 et seq., referred to as the Americans Disability Act of 1990.
The undersigned Vendor hereby acknowledges receipt of the Americans with Disabilities Act of 1990 found at
Appendix B of this packet.
The undersigned Vendor hereby certifies that he/she is aware of the commitment to comply with the requirements
of 42 U.S.C. §121.01 et seq. and agrees to furnish any required forms as evidence of compliance.
The undersigned Vendor further certifies that he/she understands that his/her proposal shall be rejected as non-
responsive and any contract entered into shall be void and of no effect if said Vendor fails to comply with the
requirements of 42 U.S.C. §121.01 et seq.
COMPANY: ___________________________ TITLE: ______________________________
PRINT NAME: __________________________SIGNATURE:_______________________________
DATE:______________________
16
APPENDIX E
BUSINESS ENTITY DISCLOSURE CERTIFICATION
PURSUANT TO CHAPTER 2, SECTION 2-87, PUBLIC CONTRACTING REFORM
ORDINANCE, OF THE CODE OF TOWN OF MORRISTOWN, NEW JERSEY
T OWN OF MORRISTOWN
Part I – Vendor Affirmation
The undersigned, being authorized and knowledgeable of the circumstances, does hereby certify that
has not made and will not make any contributions pursuant to Chapter 2, Section 2-87, Public
Contracting Reform Ordinance, of the Code of the Town of Morristown, that would bar the award of this contract in the one
year period preceding
(date of award scheduled for approval of the contract by the governing body) to any of the following named
candidate committee, joint candidates committee; or political party committee representing the elected officials of the Town
of Morristown as defined pursuant to N.J.S.A. 19:44A-3(p), (q) and (r).
Mayor Timothy Dougherty
Councilperson Michael Elms
Councilperson Toshiba Foster
Councilperson Tawanna Cotten
Councilperson Stefan Armington
Councilperson David Silva
Councilperson Robert Iannaccone
Councilperson Sandi Mayer
Morristown Democratic Organization
Morristown Republican Organization
Morris County Party Committee
Any other Committee referred to in the Ordinance
Part II – Ownership Disclosure Certification
I certify that the list below contains the names and home addresses of all owners holding 10% or more of the issued
and outstanding stock of the undersigned.
Check the box that represents the type of business entity:
Partnership
Corporation
Sole Proprietorship
Subchapter S Corporation
Limited Partnership Limited Liability Corporation
Limited Liability Partnership
Name of Stock or Shareholder
Home Address
Part 3 – Signature and Attestation:
The undersigned is fully aware that if I have misrepresented in whole or part this affirmation and certification, I
and/or the business entity, will be liable for any penalty permitted under law. Name of
Business Entity:
Signed:
Print Name:
Title:
Date:
Subscribed and sworn before me this
day of
, 2 .
My Commission expires:
(Affiant)
(Print name & title of affiant) (Corporate Seal)
17
BUSINESS ENTITY DISCLOSURE CERTIFICATION
FOR NON-FAIR AND OPEN CONTRACTS Required
Pursuant To N.J.S.A. 19:44A-20.8
T OWN OF M OR R IST OWN
The following is statutory text related to the terms and citations used in the Business Entity Disclosure
Certification form.
“Local Unit Pay-To-Play Law” (P.L. 2004, c.19, as amended by P.L. 2005, c.51)
19:44A-20.6 Certain contributions deemed as contributions by business entity.
5. When a business entity is a natural person, a contribution by that person's spouse or child, residing therewith, shall be deemed
to be a contribution by the business entity. When a business entity is other than a natural person, a contribution by any person
or other business entity having an interest therein shall be deemed to be a contribution by the business entity.
19:44A-20.7 Definitions relative to certain campaign contributions.
6. As used in sections 2 through 12 of this act:
“business entity" means any natural or legal person, business corporation, professional services corporation, limited liability
company, partnership, limited partnership, business trust, association or any other legal commercial entity organized under the
laws of this State or of any other state or foreign jurisdiction;
“interest" means the ownership or control of more than 10% of the profits or assets of a business entity or 10% of the stock in
the case of a business entity that is a corporation for profit, as appropriate;
Temporary and Executing
12. Nothing contained in this act shall be construed as affecting the eligibility of any business entity to perform a public
contract because that entity made a contribution to any committee during the one-year period immediately preceding the effective
date of this act.
The New Jersey Campaign Contributions and Expenditures Reporting Act (N.J.S.A. 19:44A-1 et seq.)
19:44A-3 Definitions. In pertinent part…
p. The term "political party committee" means the State committee of a political party, as organized pursuant to R.S.19:5-4,
any county committee of a political party, as organized pursuant to R.S.19:5-3, or any municipal committee of a political
party, as organized pursuant to R.S.19:5-2.
q. The term "candidate committee" means a committee established pursuant to subsection a. of section 9 of
P.L.1973, c.83 (C.19:44A-9) for the purpose of receiving contributions and making expenditures.
r. the term "joint candidates committee" means a committee established pursuant to subsection a. of section 9 of P.L.1973, c.83
(C.19:44A-9) by at least two candidates for the same elective public offices in the same election in a legislative district, county,
municipality or school district, but not more candidates than the total number of the same elective public offices to be filled in
that election, for the purpose of receiving contributions and making expenditures. For the purpose of this subsection: …; the
offices of member of the board of chosen freeholders
and county executive shall be deemed to be the same elective public offices in a county; and the offices of mayor and
member of the municipal governing body shall be deemed to be the same elective public offices in a municipality.
19:44A-8 and 16 Contributions, expenditures, reports, requirements.
While the provisions of this section are too extensive to reprint here, the following is deemed to be the pertinent part affecting amounts of contributions:
“The $300 limit established in this subsection shall remain as stated in this subsection without further adjustment by the
commission in the manner prescribed by section 22 of P.L.1993, c.65 (C.19:44A-7.2)
18
APPENDIX F
C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM
Public Agency Instructions
This page provides guidance to public agencies entering into contracts with business entities that are required to file
Political Contribution Disclosure forms with the agency. It is not intended to be provided to contractors. What
follows are instructions on the use of form local units can provide to contractors that are required to disclose
political contributions pursuant to N.J.S.A.
19:44A-20.26 (P.L. 2005, c. 271, s.2). Additional information on the process is available in
Local Finance Notice 2006-1 (www.nj.gov/dca/lgs/lfns/lfnmenu.shtml).
1. The disclosure is required for all contracts in excess of $17,500 that are not awarded pursuant to a “fair and
open” process (N.J.S.A. 19:44A-20.7).
2. Due to the potential length of some contractor submissions, the public agency should consider allowing
data to be submitted in electronic form (i.e., spreadsheet, pdf file, etc.). Submissions must be kept with the
contract documents or in an appropriate computer file and be available for public access. The form is
worded to accept this alternate submission. The text should be amended if electronic submission will
not be allowed.
3. The submission must be received from the contractor and on file at least 10 days prior to award of the
contract. Resolutions of award should reflect that the disclosure has been received and is
on file.
4. The contractor must disclose contributions made to candidate and party committees covering a wide range of
public agencies, including all public agencies that have elected officials in the county of the public agency,
state legislative positions, and various state entities. The Division of Local Government Services
recommends that contractors be provided a list of the affected agencies. This will assist contractors in
determining the campaign and political committees of the officials and candidates affected by the disclosure.
a. The Division has prepared model disclosure forms for each county. They can be
downloaded from the “County PCD Forms” link on the Pay-to-Play web site at
www.nj.gov/dca/lgs/p2p. They will be updated from time-to-time as necessary.
b. A public agency using these forms should edit them to properly reflect the correct legislative
district(s). As the forms are county-based, they list all legislative districts in each county.
Districts that do not represent the public agency should be removed from the lists.
c.
Some contractors may find it easier to provide a single list that covers all contributions,
regardless of the county. These submissions are appropriate and should be accepted.
d. The form may be used “as-is”, subject to edits as described herein.
e.
The “Contractor Instructions” sheet is intended to be provided with the form. It is recommended
that the Instructions and the form be printed on the same piece of paper. The form notes that the
Instructions are printed on the back of the form; where that is not the case, the text should be
edited accordingly.
f.
The form is a Word document and can be edited to meet local needs, and posted for download on
web sites, used as an e-mail attachment, or provided as a printed document.
5. It is recommended that the contractor also complete a “Stockholder Disclosure Certification.” This will
assist the local unit in its obligation to ensure that contractor did not make any prohibited contributions to
the committees listed on the Business Entity Disclosure Certification in the 12 months prior to the contract.
(See Local Finance Notice 2006-7 for additional information on this obligation) A sample Certification
form is part of this package and the instruction to complete it is included in the Contractor Instructions.
NOTE: This section is not applicable to Boards of Education.
19
C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM
Contractor Instructions
Business entities (contractors) receiving contracts from a public agency that are NOT awarded pursuant to a “fair and
open” process (defined at N.J.S.A. 19:44A-20.7) are subject to the provisions of P.L. 2005, c.
271, s.2 (N.J.S.A. 19:44A-20.26). This law provides that 10 days prior to the award of such a contract, the contractor
shall disclose contributions to:
•
any State, county, or municipal committee of a political party
•
any legislative leadership committee*
•
any continuing political committee (a.k.a., political action committee)
•
any candidate committee of a candidate for, or holder of, an elective office:
o
of the public entity awarding the contract
o
of that county in which that public entity is located
o
of another public entity within that county
o
or of a legislative district in which that public entity is located or, when the
public entity is a county, of any legislative district which includes all or part
of the county
The disclosure must list reportable contributions to any of the committees that exceed $300 per election cycle that
were made during the 12 months prior to award of the contract. See N.J.S.A. 19:44A-8 and
19:44A-16 for more details on reportable contributions.
N.J.S.A. 19:44A-20.26 itemizes the parties from whom contributions must be disclosed when a business entity is not
a natural person. This includes the following:
•
individuals with an “interest” ownership or control of more than 10% of the profits or assets of a
business entity or 10% of the stock in the case of a business entity that is a corporation for profit
•
all principals, partners, officers, or directors of the business entity or their spouses
•
any subsidiaries directly or indirectly controlled by the business entity
•
IRS Code Section 527 New Jersey based organizations, directly or indirectly controlled by the
business entity and filing as continuing political committees, (PACs).
When the business entity is a natural person, “a contribution by that person’s spouse or child, residing therewith,
shall be deemed to be a contribution by the business entity.” [N.J.S.A. 19:44A-20.26(b)] The contributor must be
listed on the disclosure.
Any business entity that fails to comply with the disclosure provisions shall be subject to a fine imposed by ELEC
in an amount to be determined by the Commission which may be based upon the amount that the business entity
failed to report.
The enclosed list of agencies is provided to assist the contractor in identifying those public agencies whose elected
official and/or candidate campaign committees are affected by the disclosure requirement. It is the contractor’s
responsibility to identify the specific committees to which contributions may have been made and need to be
disclosed. The disclosed information may exceed the minimum requirement.
The enclosed form, a content-consistent facsimile, or an electronic data file containing the required details (along
with a signed cover sheet) may be used as the contractor’s submission and is disclosable to the public under the Open
Public Records Act.
The contractor must also complete the attached Stockholder Disclosure Certification. This will assist the agency in
meeting its obligations under the law. NOTE: This section does not apply to Board of Education contracts.
* N.J.S.A. 19:44A-3(s): “The term "legislative leadership committee" means a committee established, authorized to
be established, or designated by the President of the Senate, the Minority Leader of the Senate, the Speaker of the
General Assembly or the Minority Leader of the General Assembly pursuant to section 16 of P.L.1993, c.65
(C.19:44A-10.1) for the purpose of receiving contributions and making expenditures.”
20
Required Pursuant To N.J.S.A. 19:44A-20.26
This form or its permitted facsimile must be submitted to the local unit
no later than 10 days prior to the award of the contract.
Part I – Vendor Information
Vendor Name:
Address:
City:
State:
Zip:
The undersigned being authorized to certify, hereby certifies that the submission provided herein represents
compliance with the provisions of N.J.S.A. 19:44A-20.26 and as represented by the Instructions accompanying this
form.
Signature
Printed Name
Title
Part II – Contribution Disclosure
Disclosure requirement: Pursuant to N.J.S.A. 19:44A-20.26 this disclosure must include all reportable political
contributions (more than $300 per election cycle) over the 12 months prior to submission to the committees of the
government entities listed on the form provided by the local unit.
Check here if disclosure is provided in electronic form.
Contributor Name
Recipient Name
Date
Dollar Amount
$
Check here if the information is continued on subsequent page(s)
21
Continuation Page
C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM
Required Pursuant To N.J.S.A. 19:44A-20.26
Page
of
Vendor Name:
Contributor Name
Recipient Name
Date
Dollar Amount
$
Check here if the information is continued on subsequent page(s)
22
List of Agencies with Elected Officials Required for Political Contribution Disclosure
N.J.S.A. 19:44A-20.26
County Name:
State: Governor, and Legislative Leadership Committees
Legislative District #s:
State Senator and two members of the General Assembly per district.
County:
Freeholders
County Clerk
Sheriff
{County Executive}
Surrogate
Municipalities (Mayor and members of governing body, regardless of title):
Mayor Timothy Dougherty
Councilperson Michael Elms
Councilperson Toshiba Foster
Councilperson Hiliari Davis
Councilperson Stefan Armington
Councilperson David Silva
Councilperson Robert Iannacone
Councilperson Allison Deeb
Morristown Democratic Organization
Morristown Republican Organization
Morris County Party Committee
Any other Committee referred to in the Ordinance
USERS SHOULD CREATE THEIR OWN FORM, OR DOWNLOAD
FROM WWW.NJ.GOV/DCA/LGS/P2P A COUNTY-BASED,
CUSTOMIZABLE FORM.
23
APPENDIX G
STOCKHOLDER DISCLOSURE CERTIFICATION
Name of Business:
I certify that the list below contains the names and home addresses of all stockholders holding
10% or more of the issued and outstanding stock of the undersigned.
O
R
I certify that no one stockholder owns 10% or more of the issued and outstanding stock of the
undersigned.
Check the box that represents the type of business organization:
Partnership
Corporation
Sole Proprietorship
Limited Partnership
Limited Liability Corporation
Limited Liability
Partnership
Subchapter S Corporation
Sign and notarize the form below, and, if necessary, complete the stockholder list below.
Stockholders:
Name:
Name:
Home Address:
Home Address:
Name:
Name:
Home Address:
Home Address:
Name:
Name:
Home Address:
Home Address:
Subscribed and sworn before me this day of _, 2 . __________________________
(Affiant)
(Notary Public)
__________________________
(Print name & title of affiant)
My Commission expires:
(Corporate Seal)
--- Document: 2023 RFQ for Planning Board Planner.pdf ---
NOTE: The Town of Morristown Planning Board will consider proposals only from firms or
organizations that have demonstrated the capability and willingness to provide high quality services
in the manner described in this Request for Qualifications.
REQUEST FOR QUALIFICATIONS
FOR THE PROVISION OF PLANNING SERVICES -PLANNING BOARD
CONSULTING PLANNER
ISSUE DATE: November 3, 2022
DUE DATE: December 8, 2022
Issued by:
Town of Morristown
Planning Board
2
GLOSSARY
The following definitions shall apply to and are used in this Request for Qualifications:
"Board" - refers to the Planning Board.
"Town" - refers to the Town of Morristown.
"Principals" means persons possessing an ownership interest in the Respondent. If the Respondent is a
corporation, "Principals" shall include each investor who would have any amount of operational control
over the Respondent and every stockholder having an ownership interest of ten percent (10%) or more in
the firm.
"Qualification Statement" - refers to the complete responses to this RFQ submitted by the Respondents.
"Qualified Respondent" - refers to those Respondents who have satisfied the qualification criteria set forth
in this RFQ.
"Respondent" or "Respondents" - refers to the interested firm(s) that submit a Qualification Statement.
“Review Team” – Members of the Board and its legal and/or financial advisors who shall review the
Qualification Statements.
"RFQ" - refers to this Request for Qualifications, including any amendments thereof or supplements
thereto..
3
SECTION 1
INTRODUCTION AND GENERAL INFORMATION
1.1.
Introduction and Purpose.
The Board is soliciting Qualification Statements from interested persons and/or firms for the provision of
consulting planning services, as more particularly described herein. Through a Request for Qualification
process described herein, persons and/or firms interested in assisting the Board with the provision of such
services must prepare and submit a Qualification Statement in accordance with the procedures and
schedules in this RFQ. The Board will review Qualification Statements only from those firms that submit
a Qualification Statement which includes all the information required to be included as described herein (in
the sole judgment of the Board). The Board intends to qualify person(s) and/or firm(s) that: (a) possesses
the professional, financial and administrative capabilities to provide the proposed services; and (b) will
agree to work under the compensation terms and conditions determined by the Board to provide the greatest
benefit to the taxpayers of Morristown.
1.2.
Procurement Process and Schedule.
The selection of Qualified Respondents is not subject to the bidding 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-20.4 et seq. and the Morristown Pay to Play Ordinance 2-87. The Board has
structured a procurement process that seeks to obtain the desired results described above, while establishing
a competitive process to assure that each person and/or firm is provided with an equal opportunity to submit
a Qualification Statement in response to the RFQ. Qualification Statements will be evaluated in accordance
with the criteria set forth in Section 3 of this RFQ, which will be applied in the same manner to each
Qualification Statement received. Respondents agree to at all times abide by all requirements of New Jersey
law, including, but not limited to the aforementioned “Pay to Play” laws, as well as any and all relevant
Executive Orders and the New Jersey Election Law Enforcement Commission disclosure requirements.
Qualification Statements will be reviewed and evaluated by the Board and its legal and/or financial advisors
(collectively, the "Review Team"). The Qualification Statements will be reviewed to determine if the
Respondent has met the minimum professional, administrative and financial criteria described in this RFQ.
Under no circumstances will a member of the Review Team review responses to an RFQ for a position
which they or their firm submitted a response. Based upon the totality of the information contained in the
Qualification Statement, including information about the reputation and experience of each Respondent,
the Board will (in its sole judgment) determine which Respondents are qualified from professional,
administrative and financial standpoints. Each Respondent that meets the requirements of the RFQ (in the
sole judgment of the Board) will be designated as a Qualified Respondent and will be given the opportunity
to participate in the selection process determined by the Board.
The RFQ process commences with the issuance of this RFQ. The steps involved in the process and the
anticipated completion dates are set forth in Table 1, Procurement Schedule. The Board reserves the right
to, among other things, amend, modify or alter the Procurement Schedule upon notice to all potential
Respondents.
4
All communications concerning this RFQ or the RFQ process shall be directed to the Board’s
Designated Contact Person, in writing.
Designated Contact Person:
James A. Campbell
Land Use Administrator
200 South St. PO Box 914
2nd Floor, Office of Planning & Zoning
Morristown, NJ 07963-0914
Qualification Statements must be submitted to, and be received by, the Board, by hand delivery or regular
mail, by 4:00pm prevailing time on December 8, 2022. Qualification Statements will not be accepted by
facsimile transmission or e-mail.
Subsequent to issuance of this RFQ, the Board (through the issuance of addenda to all firms that have
received a copy of the RFQ) may modify, supplement or amend the provisions of this RFQ in order to
respond to inquiries received from prospective Respondents or as otherwise deemed necessary or
appropriate by, and in the sole judgment of, the Board.
TABLE 1
ANTICIPATED PROCUREMENT SCHEDULE
ACTIVITY
DATE
ACTIVITY
DATE
1. Issuance of Request for Qualifications
November 3, 2022
2. Receipt of Qualification Statements
December 8, 2022
3. Completion of Evaluation of Qualification Statements by the Review Team
December 15, 2022
4. Town Review of Review Team Recommendations
December 28, 2022
5. Approval of Professional Services Resolution at Zoning Board of Adjustment
Reorganization Meeting
January 5, 2023
Section 1.3.
Conditions Applicable to RFQ.
Upon submission of a Qualification Statement in response to this RFQ, the Respondent acknowledges and
consents to the following conditions relative to the submission and review and consideration of its
Qualification Statement:
•
This document is an RFQ and does not constitute an RFP.
•
This RFQ does not commit the Board to issue an RFP.
5
•
All costs incurred by the Respondent in connection with responding to this RFQ shall be borne
solely by the Respondent.
•
The Board reserves the right, in its sole judgment, to reject for any reason, any and all responses
and components thereof and to eliminate any and all Respondents responding to this RFQ from
further consideration for this procurement.
•
The Board reserves the right, in its sole judgment, to reject any Respondent that submits incomplete
responses to this RFQ, or a Qualification Statement that is not responsive to the requirements of
this RFQ.
•
The Board reserves the right, without prior notice, to supplement, amend, or otherwise modify this
RFQ, or otherwise request additional information.
•
All Qualification Statements shall become the property of the Board and will not be returned.
•
All Qualification Statements will be made available to the public at the appropriate time, as
determined by the Board, in the exercise of its sole discretion, in accordance with applicable law.
•
The Board may request Respondents to send representatives to the Board for interviews.
•
Any and all Qualification Statements not received by the Board by 4:00pm prevailing time on
December 8, 2022 will be rejected.
•
Neither the Board, its consultants or advisors, nor their respective staffs, including, but not limited
to, the Review Team, shall be liable for any claims or damages resulting from the solicitation or
preparation of the Qualification Statement, nor will there be any reimbursement to Respondents for
the cost of preparing and submitting a Qualification Statement or for participating in this
procurement process.
Section 1.4.
Rights of Board.
The Board reserves, holds and may exercise, at its sole discretion, the following rights and options with
regard to this RFQ and the procurement process in accordance with the provisions of applicable law:
•
To determine that any Qualification Statement received complies or fails to comply with the terms
of this RFQ.
•
To supplement, amend or otherwise modify the RFQ through issuance of addenda to all prospective
Respondents who have received a copy of this RFQ.
•
To waive any technical non-conformance with the terms of this RFQ.
•
To change or alter the schedule for any events called for in this RFQ upon the issuance of notice to
all prospective Respondents who have received a copy of this RFQ.
•
To conduct investigations of any or all of the Respondents, as the Board deems necessary or
convenient, to clarify the information provided as part of the Qualification Statement and to request
additional information to support the information included in any Qualification Statement.
6
•
To suspend or terminate the procurement process described in this RFQ at any time (in its sole
discretion.) If terminated, the Board may determine to commence a new procurement process or
exercise any other rights provided under applicable law without any obligation to the Respondents.
The Board shall be under no obligation to complete all or any portion of the procurement process described
in this RFQ.
1.5
Addenda or Amendments to RFQ.
During the period provided for the preparation of responses to the RFQ, the Board may issue addenda,
amendments or answers to written inquiries. Those addenda will be noticed by the Board and will constitute
a part of the RFQ. All responses to the RFQ shall be prepared with full consideration of the addenda issued
prior to the proposal submission date.
1.6
Cost of Proposal Preparation.
Each proposal and all information required to be submitted pursuant to the RFQ shall be prepared at the
sole cost and expense of the respondent. There shall be no claims whatsoever against the Board, its staff,
its consultants or such consultants’ staff, for reimbursement for the payment of costs or expenses incurred
in the preparation of the Qualification Statement or other information required by the RFQ.
1.7
Proposal Format.
Responses should cover all information requested in the questions to be answered in this RFQ. Responses
which in the judgment of the Board fail to meet the requirements of the RFQ or which are in any way
conditional, incomplete, obscure, contain additions or deletions from requested information, or contain
errors may be rejected.
SECTION 2
SCOPE OF SERVICES
It is the intent of the Board to solicit Qualification Statements from Respondents that have expertise in the
provision of consulting planning services. Firms and/or persons responding to this RFQ shall be able to
demonstrate that they will have the continuing capabilities to perform these services.
SECTION 3
SUBMISSION REQUIREMENTS
Section 3.1
General Requirements.
The Qualification Statement submitted by the Respondent must meet or exceed the professional,
administrative and financial qualifications set forth in this Section 3 and shall incorporate the information
requested below.
In addition to the information required as described below, a Respondent may submit supplemental
information that it believes may be useful in evaluating its Qualification Statement. Respondents are
encouraged to be clear, factual, and concise in their presentation of information.
7
Section 3.2
Administrative Information Requirements.
The Respondent shall, as part of its Qualification Statement, provide the following information:
1.
An executive summary (not to exceed two (2) pages) of the information contained in all the other
parts of the Qualification Statement.
2.
An executed Letter of Qualification (See Appendix A to this RFQ).
3.
Name, address and telephone number of the firm or firms submitting the Qualification Statement
pursuant to this RFQ, and the name of the key contact person.
4.
A description of the business organization (i.e., corporation, partnership, joint venture, etc.) of each
firm, its ownership and its organizational structure.
(a)
Provide the names and business addresses of all Principals of the firm or firms submitting
the Qualification Statement. For purposes of this RFQ, "Principals" means persons
possessing an ownership interest in the Respondent. If the Respondent is a corporation,
"Principals" shall include each investor who would have any amount of operational control
over the Respondent and every stockholder having an ownership interest of ten percent
(10%) or more in the firm.
(b)
If a firm is a partially owned or a fully-owned subsidiary of another firm, identify the parent
company and describe the nature and extent of the parents' approval rights over the
activities of the firm submitting a Qualification Statement. Describe the approval process.
(c)
If the Respondent is a partnership or a joint venture or similar organization, provide
comparable information as required in (b) above for each member of the partnership, joint
venture or similar organization.
(d)
A statement that the Respondent has complied with all applicable affirmative action (or
similar) requirements with respect to its business activities, together with evidence of such
compliance
5.
An executed Letter of Intent (See Appendix B).
6.
An executed Payment Conditions and Rate Schedules Form (See Appendix C).
7.
An executed Americans with Disabilities Act of 1990 Acknowledgement Form (See Appendix D).
8.
A completed Business Entity Disclosure Form, Political Contribution Disclosure Form & a
Stockholder Disclosure Certification (Appendices E, F & G).
9.
The number of years the business organization has been in business under its present name.
10.
The number of years the business organization has been under its current management.
8
11.
Any judgments, claims or suits within the last three (3) years in which Respondent has been
adjudicated liable for professional malpractice. If yes, please explain.
12.
Whether the business organization is now or has been involved in any bankruptcy or re-
organization proceedings in the last ten (10) years. If yes, please explain.
13.
Confirm appropriate federal and state licenses to perform activities. Submit a copy of the Firm’s
Business Registration Certificate.
Section 3.3
Professional Information Requirements.
1. Respondent shall submit a description of its overall experience in providing the type of services
sought in the RFQ. At a minimum, the following information on past experience should be included
as appropriate to the RFQ:
a.
Description and scope of work by Respondent;
b.
Name, address and contact information of references; and
c.
Explanation of perceived relevance of the experience to the RFQ.
2.
Describe the services that Respondent would perform directly.
3. Describe those portions of the Respondent’s services, if any, that are sub-contracted out. Identify
all subcontractors the Respondent anticipates using in connection with this project.
4.
Does the Respondent normally employ union or non-union employees?
5.
Resumes of key employees.
6.
A narrative statement of the Respondent’s understanding of the Town’s needs and goals.
7. List all immediate relatives of Principal(s) of Respondent who are Town or Board employees or
elected officials of the Town or Board. For purposes of the above, “immediate relative” means a
spouse, parent, stepparent, brother, sister, child, stepchild, direct-line aunt or uncle, grandparent,
grandchild, and in- laws by reason of relation.
9
SECTION 4
INSTRUCTIONS TO RESPONDENTS
4.1
Submission of Qualification Statements.
Respondents must submit an original and one (1) copy of their Qualification Statement to the Designated
Contact Person:
James A. Campbell
Land Use Administrator
200 South St. PO Box 914
2nd Floor, Office of Planning & Zoning
Morristown, NJ 07963-0914
Qualification Statements must be received no later than 4:00 p.m. (prevailing time) on December 8, 2022,
and must be mailed or hand-delivered. Qualification Statements forwarded by facsimile or e-mail will not
be accepted.
To be responsive, Qualification Statements must provide all requested information, and must be in strict
conformance with the instructions set forth herein. Qualification Statements and all related information
must be bound, and signed and acknowledged by the Respondent.
SECTION 5
EVALUATION
The Town’s objective in soliciting Qualification Statements is to enable it to select a firm or organization
that will provide high quality and cost effective services to the citizens of Morristown. The Town will
consider Qualification Statements only from firms or organizations that, in the Town’s judgment, have
demonstrated the capability and willingness to provide high quality services to the citizens of the Town in
the manner described in this RFQ.
Proposals will be evaluated by the Town on the basis of the most advantageous, all relevant factors
considered. The evaluation will consider:
1.
Experience and reputation in the field;
2.
Knowledge of the Board and the subject matter addressed under the contract;
3.
Availability to accommodate the required meetings of the Board; and
4.
Other factors demonstrated to be in the best interest of the Board.
10
APPENDIX A
LETTER OF QUALIFICATION
(Note: To be typed on Respondent's Letterhead. No modifications may be made to this letter)
[INSERT DATE]
Attn: James A. Campbell
Land Use Administrator
Town of Morristown
200 South St. CN914, 2nd Floor Zoning Office
Morristown, NJ 07963-0914
Dear Mr. Campbell:
The undersigned has reviewed its Qualification Statement submitted in response to the Request for Qualifications
(RFQ) issued by the Town of Morristown ("Town"), dated __________________, in connection with the Town’s need
for Planning Board -Planner.
We affirm that the contents of our Qualification Statement (which Qualification Statement is incorporated herein by
reference), are accurate, factual and complete to the best of our knowledge and belief and that the Qualification
Statement is submitted in good faith upon the express understanding that any false statement may result in the
disqualification of (Name of Respondent).
(Respondent shall sign and complete the spaces provided below. If a joint venture, appropriate officers of each
company shall sign.)
(Signature of Chief
Executive Officer)
(Typed Name and Title)
(Type Name of Firm)
Dated: ___________________
11
APPENDIX B
LETTER OF INTENT
(Note: To be typed on Respondent's Letterhead. No modifications may be made to this letter)
[INSERT DATE]
Attn: James A. Campbell
Land Use Administrator
Town of Morristown
200 South St. CN914, 2nd Floor Zoning Office
Morristown, NJ 07963-0914
Dear Mr. Campbell:
The undersigned, as Respondent, has (have) submitted the attached Qualification Statement in response to a Request for
Qualifications (RFQ), issued by the Town of Morristown ("Town"), dated __________________in connection with the
Town’s need for Planning Board -Planner.
(Name of Respondent) HEREBY STATES:
1.
The Qualification Statement contains accurate, factual and complete information.
2.
(Name of Respondent) agrees (agrees) to participate in good faith in the procurement process as described
in the RFQ and to adhere to the Town's procurement schedule.
3.
(Name of Respondent) acknowledges (acknowledge) that all costs incurred by it (them) in connection with
the preparation and submission of the Qualification Statement and any proposal prepared and submitted in
response to the RFQ, or any negotiation which results therefrom shall be borne exclusively by the
Respondent.
4.
(Name of Respondent) hereby declares (declare) that the only persons participating in this Qualification
Statement as Principals are named herein and that no person other than those herein mentioned has any
participation in this Qualification Statement or in any contract to be entered into with respect thereto.
Additional persons may subsequently be included as participating Principals, but only if acceptable to the
Town. (Name of Respondent) declares that this Qualification Statement is made without connection with
any other person, firm or parties who has submitted a Qualification Statement, except as expressly set forth
below and that it has been prepared and has been submitted in good faith and without collusion or frau5.
(Name of Respondent) acknowledges and agrees that the Town may modify, amend, suspend
and/or terminate the procurement process (in its sole judgment). In any case, the Town shall not have any
liability to the Respondent for any costs incurred by the Respondent with respect to the procurement
activities described in this RFQ.
6.
(Name of Respondent) acknowledges that any contract executed with respect to the provision of Planning
Board -Planner must comply with all applicable affirmative action and similar laws. Respondent hereby
agrees to take such actions as are required in order to comply with such applicable laws.
(Respondent shall sign and complete the space provided below. If a joint venture, appropriate officers of each company shall
sign.)
(Signature of Chief Executive Officer)
(Typed Name and Title)
(Type Name of Firm)
Dated: ________________
12
APPENDIX C
PAYMENT CONDITIONS AND RATE SCHEDULES
1.
The Town of Morristown wishes to approve the qualifications of a planning firm or firms to provide
Consulting Planning Services to the Board for 2022. Upon appointment to the position of Consulting Planner,
no work or compensation is guaranteed, however. Instead, the Town will approve proposals for projects
(including compensation terms) on an as needed basis. This will be done by a Resolution of the Board of
Adjustment. By submitting a response to this RFQ, the Respondent acknowledges that it will not propose or charge
hourly rates that exceed those listed below:
Partner ............................................................................................................................... $150.00 Per Hour
Principal ............................................................................................................................ $145.00 Per Hour
Project Manager ................................................................................................................ $139.00 Per Hour
2.
The Professional shall be reimbursed at cost for expenses incurred for duplication, filing fees and other
reasonable and approved out-of-pocket expenses advanced and/or incurred by them. The Professional shall be
reimbursed for direct charges including disbursements that are actual expenses incurred by the Professional and
or/their associated Firm in connection with such engineering services and approved by the Board, and shall
include, but not be limited to:
a.
Telegrams, faxes and long distance (Out-of-State) telephone calls;
b.
Payment of filing, application fees, review fees and similar charges;
c.
Computer expenses including time and proprietary program charges;
d.
Outside printing, reproduction, binding, collating and other graphic services;
e.
Messenger service, postage and handling of drawing and specifications, reports, contracts and
other bulky items.
3. Monthly invoices shall be submitted detailing all services performed.
Signature: The undersigned hereby acknowledges and accepts the established payment terms.
Name of Respondent/Firm:
Print name and title:
Signature:
Date:
ATTEST:
______________________________
Witness
13
APPENDIX D
AMERICANS WITH DISABILITIES ACT OF 1990
ACKNOWLEDGEMENT FORM
This form is an agreement of the successful Vendor’s obligation to comply with the requirements of 42 U.S.C.
§121.01 et seq., referred to as the Americans Disability Act of 1990.
The undersigned Vendor hereby acknowledges receipt of the Americans with Disabilities Act of 1990 found at
Appendix B of this packet.
The undersigned Vendor hereby certifies that he/she is aware of the commitment to comply with the requirements
of 42 U.S.C. §121.01 et seq. and agrees to furnish any required forms as evidence of compliance.
The undersigned Vendor further certifies that he/she understands that his/her proposal shall be rejected as non-
responsive and any contract entered into shall be void and of no effect if said Vendor fails to comply with the
requirements of 42 U.S.C. §121.01 et seq.
COMPANY:___________________________ TITLE:______________________________
PRINT NAME: __________________________SIGNATURE:_______________________________
DATE: ______________________
14
APPENDIX E
BUSINESS ENTITY DISCLOSURE CERTIFICATION
PURSUANT TO CHAPTER 2, SECTION 2-87, PUBLIC CONTRACTING REFORM
ORDINANCE, OF THE CODE OF TOWN OF MORRISTOWN, NEW JERSEY
T OWN OF MORRISTOWN
Part I – Vendor Affirmation
The undersigned, being authorized and knowledgeable of the circumstances, does hereby certify that
has not made and will not make any contributions pursuant to Chapter 2, Section 2-87, Public
Contracting Reform Ordinance, of the Code of the Town of Morristown, that would bar the award of this contract in the one
year period preceding
(date of award scheduled for approval of the contract by the governing body) to any of the following named
candidate committee, joint candidates committee; or political party committee representing the elected officials of the Town
of Morristown as defined pursuant to N.J.S.A. 19:44A-3(p), (q) and (r).
Mayor Timothy Dougherty
Councilperson Michael Elms
Councilperson Toshiba Foster
Councilperson Tawanna Cotten
Councilperson Stefan Armington
Councilperson David Silva
Councilperson Robert Iannaccone
Councilperson Sandi Mayer
Morristown Democratic Organization
Morristown Republican Organization
Morris County Party Committee
Any other Committee referred to in the Ordinance
Part II – Ownership Disclosure Certification
I certify that the list below contains the names and home addresses of all owners holding 10% or more of the issued
and outstanding stock of the undersigned.
Check the box that represents the type of business entity:
Partnership
Corporation
Sole Proprietorship
Subchapter S Corporation
Limited Partnership Limited Liability Corporation
Limited Liability Partnership
Name of Stock or Shareholder
Home Address
Part 3 – Signature and Attestation:
The undersigned is fully aware that if I have misrepresented in whole or part this affirmation and certification, I
and/or the business entity, will be liable for any penalty permitted under law. Name of
Business Entity:
Signed:
Print Name:
Title:
Date:
Subscribed and sworn before me this
day of
, 2 .
My Commission expires:
(Affiant)
(Print name & title of affiant) (Corporate Seal)
15
BUSINESS ENTITY DISCLOSURE CERTIFICATION
FOR NON-FAIR AND OPEN CONTRACTS Required
Pursuant To N.J.S.A. 19:44A-20.8
T OWN OF M OR R IST OWN
The following is statutory text related to the terms and citations used in the Business Entity Disclosure
Certification form.
“Local Unit Pay-To-Play Law” (P.L. 2004, c.19, as amended by P.L. 2005, c.51)
19:44A-20.6 Certain contributions deemed as contributions by business entity.
5. When a business entity is a natural person, a contribution by that person's spouse or child, residing therewith, shall be deemed
to be a contribution by the business entity. When a business entity is other than a natural person, a contribution by any person
or other business entity having an interest therein shall be deemed to be a contribution by the business entity.
19:44A-20.7 Definitions relative to certain campaign contributions.
6. As used in sections 2 through 12 of this act:
“business entity" means any natural or legal person, business corporation, professional services corporation, limited liability
company, partnership, limited partnership, business trust, association or any other legal commercial entity organized under the
laws of this State or of any other state or foreign jurisdiction;
“interest" means the ownership or control of more than 10% of the profits or assets of a business entity or 10% of the stock in
the case of a business entity that is a corporation for profit, as appropriate;
Temporary and Executing
12. Nothing contained in this act shall be construed as affecting the eligibility of any business entity to perform a public
contract because that entity made a contribution to any committee during the one-year period immediately preceding the effective
date of this act.
The New Jersey Campaign Contributions and Expenditures Reporting Act (N.J.S.A. 19:44A-1 et seq.)
19:44A-3 Definitions. In pertinent part…
p. The term "political party committee" means the State committee of a political party, as organized pursuant to R.S.19:5-4,
any county committee of a political party, as organized pursuant to R.S.19:5-3, or any municipal committee of a political
party, as organized pursuant to R.S.19:5-2.
q. The term "candidate committee" means a committee established pursuant to subsection a. of section 9 of
P.L.1973, c.83 (C.19:44A-9) for the purpose of receiving contributions and making expenditures.
r. the term "joint candidates committee" means a committee established pursuant to subsection a. of section 9 of P.L.1973, c.83
(C.19:44A-9) by at least two candidates for the same elective public offices in the same election in a legislative district, county,
municipality or school district, but not more candidates than the total number of the same elective public offices to be filled in
that election, for the purpose of receiving contributions and making expenditures. For the purpose of this subsection: …; the
offices of member of the board of chosen freeholders
and county executive shall be deemed to be the same elective public offices in a county; and the offices of mayor and
member of the municipal governing body shall be deemed to be the same elective public offices in a municipality.
19:44A-8 and 16 Contributions, expenditures, reports, requirements.
While the provisions of this section are too extensive to reprint here, the following is deemed to be the pertinent part affecting amounts of contributions:
“The $300 limit established in this subsection shall remain as stated in this subsection without further adjustment by the
commission in the manner prescribed by section 22 of P.L.1993, c.65 (C.19:44A-7.2)
16
APPENDIX F
C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM
Public Agency Instructions
This page provides guidance to public agencies entering into contracts with business entities that are required to file
Political Contribution Disclosure forms with the agency. It is not intended to be provided to contractors. What
follows are instructions on the use of form local units can provide to contractors that are required to disclose
political contributions pursuant to N.J.S.A.
19:44A-20.26 (P.L. 2005, c. 271, s.2). Additional information on the process is available in
Local Finance Notice 2006-1 (www.nj.gov/dca/lgs/lfns/lfnmenu.shtml).
1. The disclosure is required for all contracts in excess of $17,500 that are not awarded pursuant to a “fair and
open” process (N.J.S.A. 19:44A-20.7).
2. Due to the potential length of some contractor submissions, the public agency should consider allowing
data to be submitted in electronic form (i.e., spreadsheet, pdf file, etc.). Submissions must be kept with the
contract documents or in an appropriate computer file and be available for public access. The form is
worded to accept this alternate submission. The text should be amended if electronic submission will
not be allowed.
3. The submission must be received from the contractor and on file at least 10 days prior to award of the
contract. Resolutions of award should reflect that the disclosure has been received and is
on file.
4. The contractor must disclose contributions made to candidate and party committees covering a wide range of
public agencies, including all public agencies that have elected officials in the county of the public agency,
state legislative positions, and various state entities. The Division of Local Government Services
recommends that contractors be provided a list of the affected agencies. This will assist contractors in
determining the campaign and political committees of the officials and candidates affected by the disclosure.
a. The Division has prepared model disclosure forms for each county. They can be
downloaded from the “County PCD Forms” link on the Pay-to-Play web site at
www.nj.gov/dca/lgs/p2p. They will be updated from time-to-time as necessary.
b. A public agency using these forms should edit them to properly reflect the correct legislative
district(s). As the forms are county-based, they list all legislative districts in each county.
Districts that do not represent the public agency should be removed from the lists.
c.
Some contractors may find it easier to provide a single list that covers all contributions,
regardless of the county. These submissions are appropriate and should be accepted.
d. The form may be used “as-is”, subject to edits as described herein.
e.
The “Contractor Instructions” sheet is intended to be provided with the form. It is recommended
that the Instructions and the form be printed on the same piece of paper. The form notes that the
Instructions are printed on the back of the form; where that is not the case, the text should be
edited accordingly.
f.
The form is a Word document and can be edited to meet local needs, and posted for download on
web sites, used as an e-mail attachment, or provided as a printed document.
5. It is recommended that the contractor also complete a “Stockholder Disclosure Certification.” This will
assist the local unit in its obligation to ensure that contractor did not make any prohibited contributions to
the committees listed on the Business Entity Disclosure Certification in the 12 months prior to the contract.
(See Local Finance Notice 2006-7 for additional information on this obligation) A sample Certification
form is part of this package and the instruction to complete it is included in the Contractor Instructions.
NOTE: This section is not applicable to Boards of Education.
17
C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM
Contractor Instructions
Business entities (contractors) receiving contracts from a public agency that are NOT awarded pursuant to a “fair and
open” process (defined at N.J.S.A. 19:44A-20.7) are subject to the provisions of P.L. 2005, c.
271, s.2 (N.J.S.A. 19:44A-20.26). This law provides that 10 days prior to the award of such a contract, the contractor
shall disclose contributions to:
•
any State, county, or municipal committee of a political party
•
any legislative leadership committee*
•
any continuing political committee (a.k.a., political action committee)
•
any candidate committee of a candidate for, or holder of, an elective office:
o
of the public entity awarding the contract
o
of that county in which that public entity is located
o
of another public entity within that county
o
or of a legislative district in which that public entity is located or, when the
public entity is a county, of any legislative district which includes all or part
of the county
The disclosure must list reportable contributions to any of the committees that exceed $300 per election cycle that
were made during the 12 months prior to award of the contract. See N.J.S.A. 19:44A-8 and
19:44A-16 for more details on reportable contributions.
N.J.S.A. 19:44A-20.26 itemizes the parties from whom contributions must be disclosed when a business entity is not
a natural person. This includes the following:
•
individuals with an “interest” ownership or control of more than 10% of the profits or assets of a
business entity or 10% of the stock in the case of a business entity that is a corporation for profit
•
all principals, partners, officers, or directors of the business entity or their spouses
•
any subsidiaries directly or indirectly controlled by the business entity
•
IRS Code Section 527 New Jersey based organizations, directly or indirectly controlled by the
business entity and filing as continuing political committees, (PACs).
When the business entity is a natural person, “a contribution by that person’s spouse or child, residing therewith,
shall be deemed to be a contribution by the business entity.” [N.J.S.A. 19:44A-20.26(b)] The contributor must be
listed on the disclosure.
Any business entity that fails to comply with the disclosure provisions shall be subject to a fine imposed by ELEC
in an amount to be determined by the Commission which may be based upon the amount that the business entity
failed to report.
The enclosed list of agencies is provided to assist the contractor in identifying those public agencies whose elected
official and/or candidate campaign committees are affected by the disclosure requirement. It is the contractor’s
responsibility to identify the specific committees to which contributions may have been made and need to be
disclosed. The disclosed information may exceed the minimum requirement.
The enclosed form, a content-consistent facsimile, or an electronic data file containing the required details (along
with a signed cover sheet) may be used as the contractor’s submission and is disclosable to the public under the Open
Public Records Act.
The contractor must also complete the attached Stockholder Disclosure Certification. This will assist the agency in
meeting its obligations under the law. NOTE: This section does not apply to Board of Education contracts.
* N.J.S.A. 19:44A-3(s): “The term "legislative leadership committee" means a committee established, authorized to
be established, or designated by the President of the Senate, the Minority Leader of the Senate, the Speaker of the
General Assembly or the Minority Leader of the General Assembly pursuant to section 16 of P.L.1993, c.65
(C.19:44A-10.1) for the purpose of receiving contributions and making expenditures.”
18
Required Pursuant To N.J.S.A. 19:44A-20.26
This form or its permitted facsimile must be submitted to the local unit
no later than 10 days prior to the award of the contract.
Part I – Vendor Information
Vendor Name:
Address:
City:
State:
Zip:
The undersigned being authorized to certify, hereby certifies that the submission provided herein represents
compliance with the provisions of N.J.S.A. 19:44A-20.26 and as represented by the Instructions accompanying this
form.
Signature
Printed Name
Title
Part II – Contribution Disclosure
Disclosure requirement: Pursuant to N.J.S.A. 19:44A-20.26 this disclosure must include all reportable political
contributions (more than $300 per election cycle) over the 12 months prior to submission to the committees of the
government entities listed on the form provided by the local unit.
Check here if disclosure is provided in electronic form.
Contributor Name
Recipient Name
Date
Dollar Amount
$
Check here if the information is continued on subsequent page(s)
19
Continuation Page
C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM
Required Pursuant To N.J.S.A. 19:44A-20.26
Page
of
Vendor Name:
Contributor Name
Recipient Name
Date
Dollar Amount
$
Check here if the information is continued on subsequent page(s)
20
List of Agencies with Elected Officials Required for Political Contribution Disclosure
N.J.S.A. 19:44A-20.26
County Name:
State: Governor, and Legislative Leadership Committees
Legislative District #s:
State Senator and two members of the General Assembly per district.
County:
Freeholders
County Clerk
Sheriff
{County Executive}
Surrogate
Municipalities (Mayor and members of governing body, regardless of title):
Mayor Timothy Dougherty
Councilperson Michael Elms
Councilperson Toshiba Foster
Councilperson Tawanna Cotten
Councilperson Stefan Armington
Councilperson David Silva
Councilperson Robert Iannacone
Councilperson Sandi Mayer
Morristown Democratic Organization
Morristown Republican Organization
Morris County Party Committee
Any other Committee referred to in the Ordinance
USERS SHOULD CREATE THEIR OWN FORM, OR DOWNLOAD
FROM WWW.NJ.GOV/DCA/LGS/P2P A COUNTY-BASED,
CUSTOMIZABLE FORM.
21
APPENDIX G
STOCKHOLDER DISCLOSURE CERTIFICATION
Name of Business:
I certify that the list below contains the names and home addresses of all stockholders holding
10% or more of the issued and outstanding stock of the undersigned.
O
R
I certify that no one stockholder owns 10% or more of the issued and outstanding stock of the
undersigned.
Check the box that represents the type of business organization:
Partnership
Corporation
Sole Proprietorship
Limited Partnership
Limited Liability Corporation
Limited Liability
Partnership
Subchapter S Corporation
Sign and notarize the form below, and, if necessary, complete the stockholder list below.
Stockholders:
Name:
Name:
Home Address:
Home Address:
Name:
Name:
Home Address:
Home Address:
Name:
Name:
Home Address:
Home Address:
Subscribed and sworn before me this day of _, 2 . __________________________
(Affiant)
(Notary Public)
__________________________
(Print name & title of affiant)
My Commission expires:
(Corporate Seal)
--- Document: LEGAL NOTICE as posted in the Morris County Daily Record on November 3, 2022.pdf ---
TOWN OF MORRISTOWN
Request for Qualifications
The Board of Adjustment and the Planning Board of the Town of Morristown (collectively the “Boards) are soliciting
Qualification Statements from interested persons and/or firms for the provision of the services listed below. Through
a Request for Qualifications (“RFQ”) process, persons and/or firms interested in assisting the Boards with the
provision of such services must prepare and submit a Qualification Statement in accordance with the procedure and
schedule in the RFQs. The Boards will each review Qualification Statements only from those firms that submit a
Qualification Statement which includes all the information required to be included as described (in the sole judgment
of the respective Boards). The Boards intend to qualify: (a) person(s) and/or firm(s) that (a) possess(es) the
professional, financial and administrative capabilities to provide the proposed services, and (b) agrees and meets the
terms and conditions determined by the respective Boards that provide the greatest benefit to the taxpayers
of Morristown.
The selection of Qualified Respondents is not subject to the bidding 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 (the “Law”),
N.J.S.A. 19:44A-20.4 et seq. and the Morristown Code. The Boards have structured a procurement process that seeks
to obtain the desired results, while establishing a “fair and open” process under the Law, to assure that each person
and/or firm is provided an equal opportunity to submit a Qualification Statement in response to the RFQ.
Qualification Statements must be submitted to, and be received by, James A. Campbell, Land Use Administrator,
Town of Morristown, 200 South St. Room 239, Morristown, NJ 07963-0914 on or before 4:00pm on December 8,
2022. Qualification Statements will not be accepted by facsimile transmission or e-mail.
CONTRACTS:
•
Planning Board - Attorney
•
Planning Board - Engineer
•
Planning Board – Planner
•
Planning Board - Arborist
•
Board of Adjustment - Attorney
•
Board of Adjustment – Engineer
•
Board of Adjustment – Planner
•
Board of Adjustment - Arborist
Qualification Statements must be submitted in the manner designated in the Instructions, must be enclosed in sealed
envelopes bearing name and address of the respondent and the name of the work on the outside, addressed to: James
A. Campbell, Land Use Administrator, Town of Morristown, 200 South St, Room 239, Morristown, NJ 07963-0914.
Interested respondents must continue to monitor the town website (www.townofmorristown.org) until 4:00pm on
December 8, 2022 as the Boards reserve the right to issue Addenda to the RFQ documents in this space.
BY ORDER OF THE MAYOR OF THE TOWN OF MORRISTOWN
Ms. Jillian Barrick
Business Administrator
Town of Morristown
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Visit Bid Portal2023 RFQ for Board of Adjustment Arborist.pdf2023 RFQ for Board of Adjustment Engineer.pdf2023 RFQ for Board of Adjustment Planner.pdf2023 RFQ for Board of Adjustment Attorney.pdf2023 RFQ for Planning Board Arborist.pdf2023 RFQ for Planning Board Attorney.pdf2023 RFQ for Planning Board Engineer.pdf2023 RFQ for Planning Board Planner.pdfLEGAL NOTICE as posted in the Morris County Daily Record on November 3, 2022.pdf
Contacts
James A. Campbell
Land Use Administrator
Ms. Jillian Barrick
Business Administrator · Town of Morristown
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Timeline
First Discovered
Apr 2, 2026
Last Info Update
Apr 2, 2026
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