This is a service / maintenance or supply contract in Toms River, New Jersey. Contact the soliciting agency for additional information.

FORM OF CONTRACT It is understood that the specifications, submittal and the resolution adopted by the Toms River Township Council accepting the proposal, shall collectively constitute a binding contract between the Township and the successful proposer. Government entities are not private business/consumer clients; therefore, separate company agreements are not honored unless they are submitted with the proposal and approved by the Township Attorney. Terms of the specifications prevail unless otherwise noted by the vendor as exceptions. AWARD OF CONTRACT/INTERPRETATIONS Pursuant to N.J.A.C. 5:30-5.1 et seq, any contract resulting from this proposal shall be subject to the availability of funds annually. The Township shall award a contract to the vendor(s) that best meet the needs and interests of the Township. The Township reserves the right to negotiate the terms and conditions of a contract with the successful vendor or vendors to obtain the most cost advantageous services for the Township. The Township reserves the right to reject any or all proposals in accordance with N.J.S.A. 40A:11-13.2, or to waive any informalities and non-material defects in the proposals and to accept any proposal deemed in the best interest of the Township. It is to be understood by the proposer that their proposal is submitted on the basis of specifications prepared by the Township and the fact that any proposer is not familiar with these specifications or conditions will not be accepted as an excuse. The award of contract shall not be made unless the necessary funds have been certified by the Township Chief Financial Officer (CFO), in a lawful manner. INSURANCE REQUIREMENTS All certificates shall be filed with the Division of Purchasing, prior to award. All of the vendor's insurance coverages shall contain a clause indemnifying and saving harmless the Township of Toms River, and their agents from any and all liability of whatever nature arising from the work to be performed under the contract, including attorney's fees and costs in connection with the defense of such claims. The Certificate of Insurance furnished by the vendor shall state specifically that the above indemnification is guaranteed by the policy. Such statement, if not included in the body of the policy, shall be typed on the face or back of the certificate. The vendor shall maintain all coverages submitted prior to award of contract for the whole duration. The Certificate of Insurance shall name the Township the Certificate Holder and as an additional insured on a primary and non-contributory basis. MINIMUM REQUIREMENTS TO BE CARRIED BY THE VENDOR: Comprehensive General Liability: Limits shall be a minimum of $1,000,000.00 bodily injury and property damage, per occurrence/$2,000,000.00 aggregate. Comprehensive Automobile Liability: Limits shall be a minimum of $1,000,000.00 bodily injury and property damage, per occurrence/$2,000,000.00 aggregate. The Certificate shall cover (a) Hired Vehicles and (b) Non-owned Vehicles. Professional Liability: Limits shall be a minimum of $1,000,000.00 bodily injury and property damage, per occurrence/$2,000,000.00 aggregate. Worker's Compensation & Employer's Liability: The vendor shall carry adequate worker's compensation insurance for all employees employed in connection with the work and any work in sublet. The vendor shall require each subcontractor to provide the same for their employees, unless such employees are covered by the protection afforded by the vendor's insurance. Coverage A shall be New Jersey Statutory Coverage B (Employer's Liability) shall be unlimited as per New Jersey Workmen's Compensation Law The contractor or subcontractor, where applicable, will not discriminate against any employee or applicant for employment because of age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Except with respect to affectional or sexual orientation and gender identity or expression, the contractor will take affirmative action to ensure that such applicants are recruited and employed, and that employees are treated during employment, without regard to their age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Public Agency Compliance Officer setting forth provisions of this nondiscrimination clause. The contractor or subcontractor, where applicable will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. The contractor or subcontractor, where applicable, will send to each labor union or representative or workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer advising the labor union or workers' representative of the contractor's commitments under this act and shall post copies of the notice in conspicuous places available to employees and applicants for employment. The contractor or subcontractor, where applicable, agrees to comply with any regulations promulgated by the Treasurer pursuant to N.J.S.A. 10:5-31 et seq., as amended and supplemented from time to time and the Americans with Disabilities Act. The contractor or subcontractor agrees to make good faith efforts to employ minority and women workers consistent with the applicable county employment goals established in accordance with N.J.A.C. l7:27-5.2, or a binding determination of the applicable county employment goals determined by the Division, pursuant to N.J.A.C. 17:27-5.2. The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies including, but not limited to, employment agencies, placement bureaus, colleges, universities, labor unions, that it does not discriminate on the basis of age, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex, and that it will discontinue the use of any recruitment agency which engages in direct or indirect discriminatory practices. The contractor or subcontractor agrees to revise any of its testing procedures, if necessary, to assure that all personnel testing conforms with the principles of job-related testing, as established by the statutes and court decisions of the State of New Jersey and as established by applicable Federal law and applicable Federal court decisions. In conforming with the applicable employment goals, the contractor or subcontractor agrees to review all procedures relating to transfer, upgrading, downgrading and layoff to ensure that all such actions are taken without regard to age, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex, consistent with the statutes and court decisions of the State of New Jersey, and applicable Federal law and applicable Federal court decisions. The contractor shall submit to the public agency, after notification of award but prior to execution of a goods and services contract, one of the following three documents: Letter of Federal Affirmative Action Plan Approval Certificate of Employee Information Report Employee Information Report Form AA302 The contractor and its subcontractors shall furnish such reports or other documents to the Div. of Contract Compliance & EEO as may be requested by the office from time to time in order to carry out the purposes of these regulations, and public agencies shall furnish such information as may be requested by the Div. of Contract Compliance & EEO for conducting a compliance investigation pursuant to Subchapter 10 of the Administrative Code at N.J.A.C. 17:27. SCOPE OF WORK The Township of Toms River is seeking sealed submissions in response to a request for qualifications for duly licensed engineers to conduct inspection services for the Township regarding approved subdivisions, site plans, capital improvement projects and to provide general engineering consulting services. Successful candidates will be placed on a pre-approved list for future services. Pursuant to N.J.S.A. 40A:9-22.1, the Local Government Ethics Law, an inspection and general engineering services engineer of the Township may not inspect a project in which that firm was consultant or provided services towards the development of the project.