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Request for Qualifications and Proposals
(RFQ/P)
Property and Facilities Management Services,
Lease Administration
and Leasing Brokerage Services
for
The New Jersey Economic Development Authority
and
The Technology Centre of New Jersey, LLC
Reference: 2010-RED-RFQ/P-PM-009
Issued by: New Jersey Economic Development
Authority (NJEDA)
Real Estate Development Division
36 West State Street
P.O. Box 990
Trenton, NJ 08625-0990
November 2010
A. PURPOSE AND INTENT
The purpose of this Request for Qualifications and Proposals (RFQ/P) is to solicit
and obtain Proposals from highly qualified firms to provide:
1) facilities and property management;
2) lease administration;
3) leasing brokerage services.
The services will be performed for various properties owned, operated, leased
and/or managed by the New Jersey Economic Development Authority (NJEDA), its
subsidiaries, and the Technology Centre of New Jersey, L.L.C. (LLC). Each property
requires separate and distinct services which are more fully outlined in this RFQ/P.
NJEDA will administer the contracts subject to this RFQ/P on its behalf, as well as,
on behalf of the LLC, as its Managing Member. NJEDA reserves the right to enter into
separate contracts with the successful Firm to distinguish between the services
required for each NJEDA-property(s) and/or LLC-property(s).
Projected Milestone Dates*
Site Tours: Monday, November 29, Tuesday, November 30 and
Wednesday, December 1, 2010
Deadline for Questions: Tuesday, December 7, 2010 – 4:00 PM
Proposals Due: Tuesday, December 14, 2010 at or before 2:00 PM
Interviews, if applicable: Monday, December 27, 2010
Board Approval: Tuesday, January 11, 2011
Conditional Notice of Award Issued: on or about Wednesday, January
12, 2011
Compliance Submissions Due: with the proposal or within ten (10)
days of the issuance of the Conditional Notice of Award
Contract Executed: on or about Monday, February 10, 2011 or sooner
* The above dates are provided to interested Proposers for planning purposes
only. These are estimated timeline dates and do not represent firm commitment
dates by which NJEDA will take action.
Term
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The successful Firm will provide the subject services for a term of three (3) years. In
addition, the NJEDA and/or the LLC, in their sole discretion, may extend the term for
an additional two (2) year period.
Time is critical with respect to the contract(s). The successful Firm must be ready,
willing and able to gear up and begin performing the work required by this RFQ/P
within one (1) month of the date of the Notice of Intent to Award. The successful
Firm, as part of its Proposal, is to submit a detailed and convincing gear up plan as to
how the Firm will begin services within one (1) month of NJEDA’s Notice of Intent to
Award contract(s) and detailing its ability to provide all services within two (2)
months of the Notice of Award. During the first two weeks after the Notice of Intent
to Award, the NJEDA, the LLC and the successful Firm will agree upon what services
will be provided through subcontractors and what services will be provided through
the Firm’s in-house staff. The successful Firm will also provide an updated transition
and staffing plan within one (1) month of the date of the Notice of Intent to Award.
NJEDA and the LLC reserve the right, in their sole discretion, to approve the
transition and staffing plan.
In the event the services contracted under this RFQ/P are scheduled to end either by
contract expiration or by termination by the NJEDA or the LLC (at the NJEDA’s or the
LLC’s sole discretion), it will be incumbent upon the successful Firm to continue the
services, if requested by the NJEDA or the LLC, until a replacement Firm can be
completely operational. The successful Firm will be compensated for these services
at the rates in effect when this transitional period clause is invoked by the NJEDA or
the LLC.
Site Tours
All respondents are strongly encouraged to attend the following site tours :
NJEDA Headquarters, 36 West State Street, Trenton, New Jersey (sign-
in at the 1st floor security desk) at 2:00 p.m. on Monday, November 29,
2010. This tour will also include a site visit to 225 East State Street,
Trenton, NJ (Trenton sites).
Waterfront Technology Center at Camden (sign-in at the 1st floor
reception desk, 200 Federal Street, Camden, NJ) at 1:00 p.m. on
Tuesday, November 30, 2010.
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Technology Centre of New Jersey (sign-in at the Commercialization
Center for Innovative Technologies, 675 US Highway One South, North
Brunswick, NJ) at 1:00 p.m. on Wednesday, December 1, 2010 (North
Brunswick sites).
During the above-referenced site tours, it is the responsibility of the Proposer to visit
the sites, ask relevant questions, and make in-depth tours and inspections of each
area to be serviced under the terms of this RFQ/P. The successful Firm will be
required to assume sole responsibility for the complete effort as required in this
RFQ/P. No special consideration will be given after Proposals are opened due to the
Proposer's failure to be knowledgeable of all conditions existing at the sites. By
submitting a Proposal, the Proposer covenants and agrees that it has satisfied itself,
from its own investigation and through the site tours, of the conditions to be met,
and that it fully understands its obligation and that it will not make any claim for, or
have right to cancellation or other relief under the contract(s) because of any
misunderstanding or lack of familiarity with all of the sites.
Due Date
Proposals must be received by 2:00 p.m. on Tuesday, December 14, 2010.
Proposals shall be submitted in a securely SEALED envelope or carton. Unsealed,
faxed or e-mailed proposals shall not be accepted. Responses to the RFQ/P will be
received until the above-mentioned time and date for receipt and then at said office
publicly opened.
In consideration of the environment and to support NJEDA’s efforts to “Go Green”,
NJEDA has modified its proposal submissions, to reduce the use of paper. All
Proposals should be submitted as follows:
one (1) printed, signed original
one (1) printed copy of the signed proposal, unbound
a signed Adobe PDF version supplied on a compact disc*
(*The CD should include electronic (i.e. scanned) versions of any and all
submittals supplied with the Proposal submission. The CD should be clearly
marked with the Proposer’s name, address and phone number information, as
well as, the RFQ/P information REF #2010-RED-RFQ/P-PM-009.)
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Proposals should be addressed to:
Mailing Address:
New Jersey Economic Development Authority
Real Estate Division
REF # 2010-RED-RFQ/P-PM-009
Due Date: Tuesday, December 14, 2010 – 2:00 PM
PO Box 990
Trenton, NJ 08625-0990
Shipping / Delivery Address:
New Jersey Economic Development Authority
Real Estate Division
REF # 2010-RED-RFQ/P-PM-009
Due Date: Tuesday, December 14, 2010 – 2:00 PM
36 West State Street
Trenton, NJ 08625 -0990
Telephone: 609-292-1800 – Main Reception Desk
IMPORTANT: The Fee Proposals and cover letter must be SIGNED in INK!
Failure to do so will render the Proposal materially non-responsive and subject to
rejection.
Questions and Answers/Addenda
Any questions regarding the RFQ/P should be directed in writing to Donna Sullivan
by e-mail to: dsullivan@njeda.com. (No phone calls please). The deadline for
questions is Tuesday, December 7, 2010 at 4:00 p.m. All questions and answers
with regard to the RFQ/P will be posted on NJEDA’s website.
Interested parties are encouraged to frequently check the Bidding Opportunities
section of NJEDA’s website from the date and time the RFQ/P is issued, up to and
including the due date and time of the Proposal opening – reference #2010-RED-
RFQ/P-PM-009 available at http://www.njeda.com/rfq.asp - Notices of Request for
Qualifications and Proposals for any updates, additional information and/or addenda
pertaining to this RFQ/P, as well as, for posted questions and answers. All addenda
to the original RFQ/P will be posted on NJEDA’s website and will become part of this
RFQ/P and will be incorporated by reference in the final contract(s) resulting from
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this RFQ/P. Respondents will be required to be knowledgeable of and acknowledge
receipt of all addenda and posted Questions and Answers as part of its Proposal
submission on the attached Acknowledgement of Receipt of Addenda / Q&A form,
refer to Exhibit B.
RFQ/P responses will be available, upon request, for public inspection. NJEDA will
make every effort to maintain confidentiality of information received as part of the
RFQ/P; however, all proposers are cautioned that the NJEDA is subject to the
provisions of the New Jersey Open Public Meetings Act and the New Jersey Open
Public Records Act and are bound by the requirements of both and relevant case law.
Interviews
Upon review of the Proposals, one (1) or more Proposers may be invited to
interview with members of the Evaluation Committee. The decision to conduct
interviews of either individual firms, all firms, or no firms is at the sole discretion of
NJEDA and the LLC. In the event NJEDA decides to conduct interviews, the Proposer
must be available to meet with the Evaluation Committee on Monday, December
27, 2010. The exact time for these interviews will be communicated to the
Proposers, at the appropriate time. While NJEDA will make every effort to
accommodate a mutually agreeable time for the interview, Proposers should be
aware that failure to comply with the scheduled request to interview will result in
NJEDA evaluating and scoring the Proposer’s Proposal, based solely on the
information submitted. NJEDA shall not be expected to reschedule interviews to
accommodate the schedule of the Proposer.
Interviews will take place at NJEDA’s offices, located at 36 West State Street,
Trenton or another site as NJEDA may identify, during normal business hours (9:00
AM to 5:00 PM) or via teleconference during these same business hours. The
decision to participate in person or via teleconference will be at NJEDA’s discretion.
Further, NJEDA, in its sole discretion, reserves the right to identify any of the
Proposer’s staff to attend the interview.
Original proposal submissions cannot be supplemented as part of the interview
process. A respondent Firm will not be permitted to offer comments or opinions
regarding other proposing firms or proposals, nor may Proposers attend the
interview / presentation of its competitors (i.e. another proposing firm).
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Joint Ventures
If a joint venture is submitting a Proposal, the agreement between the parties
relating to such joint venture should be submitted with the Proposal. Authorized
signatories, from each party comprising the joint venture, should sign the Proposal
cover letter.
All Proposal submissions (i.e. compliance documents, evidence of experience,
references, resumes, etc.) are to be submitted for the proposing Firm, as well as each
joint venture partner. Failure to do so may render the Proposal materially non-
responsive and subject to rejection.
Initial Organizational Meeting
The successful Firm will be required to attend an initial organizational meeting with
NJEDA staff. The meeting will be held at NJEDA’s offices located at 36 West State
Street, in Trenton. NJEDA, in its sole discretion, may permit certain, limited staff
members of the successful Firm to participate via teleconference, should travel to
NJEDA’s offices be prohibitive. NJEDA, in its sole discretion, shall determine the
appropriateness of teleconference participation.
It is expected that this meeting will be held during normal business hours (i.e.
defined as 9:00 AM to 5:00 PM), and will encompass approximately three (3) hours.
The purpose of this initial organizational meeting is to allow the successful Firm
(and any staff assigned to perform work against the resulting contract) the
opportunity to meet with NJEDA’s staff, to gain a more clear understanding of
performance expectations, to review NJEDA’s requisite timeline and deadline for the
commencement of services, and to review the successful Firm’s gear-up, staffing,
and subcontractor utilization plans.
NJEDA will make every effort to schedule the meeting at a mutually convenient
time; however, NJEDA will make the sole determination regarding the date and time
to ensure maximum participation by NJEDA's staff. The Proposer must consider the
costs to participate in this initial organizational meeting when preparing its Fee
Proposal, since no additional compensation will be given for attendance at and
participation in this initial project meeting.
Fee
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During the term of the contract(s), compensation will paid by NJEDA and/or the LLC
to the successful Firm for the following services:
1. Leasing Brokerage Services for the Technology Centre of New Jersey
and the Waterfront Technology Center in Camden, based on lease
commission rates;
2. Site Superintendent Fees for the Technology Centre of New Jersey
(including the Commercialization Center for Innovative Technologies),
the NJEDA Headquarters Building (including Renaissance Place), and
the Waterfront Technology Center in Camden, based on fully loaded
hourly rates;
3. Facility and Property Management/Lease Administration Fees for the
Technology Centre of New Jersey (including NJEDA’s lease with the LLC
for the Commercialization Center for Innovative Technologies), and the
Waterfront Technology Center, based on a percentage of tenant rent
collected - refer to Technology Centre of New Jersey Rent Rolls (LLC
Assets and NJEDA Assets) attached hereto as Exhibit C and Waterfront
Technology Center Rent Roll attached hereto as Exhibit D;
4. Facility and Property Management Fee for the NJEDA Headquarters
Building (including Renaissance Place) based on a fixed monthly rate;
5. Landscape/Ground Maintenance Fee for the NJEDA Tech Centre
Expansion, North Brunswick, NJ, based on an annual fee;
6. Reimbursement for direct cost (without markup) of NJEDA and/or LLC
approved subcontracts (all sites);
7. Reimbursement for direct cost (without markup) for NJEDA and/or LLC
approved purchases of supplies, materials, tools and equipment (all
sites);
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8. Approved and requested fees for additional staff based on the fully
loaded hourly rates set forth in the successful Firm’s Fee Proposal (all
sites); and
9. Lease Administration services for NJEDA’s subtenants at the
Commercialization Center for Innovative Technologies, based on a fixed
monthly rate - refer to Technology Centre of New Jersey – CCIT Rent
Roll attached hereto as Exhibit E (Add Alternate – refer to Fee
Proposal).
B. BACKGROUND
B-1. New Jersey Economic Development Authority
NJEDA is an independent, self-sustaining state financing and development agency
that works to promote economic growth, job creation and the revitalization of New
Jersey’s communities with financing assistance, technical support and
entrepreneurial training, and real estate development activities. NJEDA works with
businesses of all sizes and types - from sole entrepreneurs to worldwide
corporations representing the old and new economies. Through its Real Estate
Development Division, NJEDA offers a full range of real estate development services,
from assembling land and structuring financing to overseeing building construction.
This full-service approach produces considerable financing advantages and cost
benefits that make it easier and more affordable for companies to locate and stay in
New Jersey.
B-2. Technology Centre of New Jersey, LLC
The Technology Centre of New Jersey, LLC is a limited liability company between
NJEDA and the AFL-CIO Building Investment Trust. This unique entity owns and
manages The Technology Centre of New Jersey, a 50-acre campus comprising seven
buildings totaling more than 330,000+ square feet located on Route 1 in North
Brunswick, Middlesex County, NJ. The Technology Centre of New Jersey is a
collaborative effort which features state-of-the-art laboratory, office and production
facilities for emerging and established technology companies. Tenants include
Merial Limited, Meda Pharmaceuticals, Anthem Institute, Chromocell Corporation,
Rutgers, the State University, and numerous start-up companies at the
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Commercialization Center for Innovative Technologies. Future plans include
additional build-out on several pad sites within the Technology Centre.
C. SCOPE OF SERVICES
The Firm selected will be required to provide all of the services described in this
RFQ/P and all other services, including procuring, managing and supervising all
necessary subcontractors required by the NJEDA and/or the LLC for the following
properties:
1. Technology Centre of New Jersey, North Brunswick, NJ
Scope of Services: Facilities and property management (including
CCIT), lease administration (excluding CCIT subtenants), and
leasing brokerage services (excluding CCIT subtenants)
[To be contracted by the LLC]
Refer to Exhibit F
2. Commercialization Center for Innovative Technologies, North
Brunswick, NJ
Scope of Services: Lease administration services (Add
Alternate)
[To be contracted by the NJEDA]
Refer to Exhibit G
3. NJEDA Headquarters & Renaissance Place, Trenton, NJ
Scope of Services: Facilities and property management
services
[To be contracted by the NJEDA]
Refer to Exhibit H
4. Waterfront Technology Center, Camden, NJ
Scope of Services: Facilities and property management, lease
administration, and leasing brokerage services
[To be contracted by the NJEDA]
Refer to Exhibit I
5. NJEDA Tech Centre Expansion, North Brunswick, NJ
Scope of Services: Property management services
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[To be contracted by the NJEDA]
Refer to Exhibit J
Each of the above listed properties requires separate and distinct property and
facility management services, lease administration and leasing brokerage services
which will be generally outlined by the terms, conditions, specifications and Scope of
Services included in this RFQ/P. Furthermore, the successful Firm may also be
retained by the NJEDA and/or the LLC on a sole source basis to provide additional
services for additional NJEDA and/or LLC owned, operated, leased, or managed
properties. It is understood that the successful Firm may be retained by the NJEDA
and/or the LLC if, in the sole discretion of the NJEDA and/or the LLC, it is
determined that additional services are required and that such procurement is in the
best interest of the NJEDA and/or the LLC. It is further understood that the NJEDA
and/or the LLC are under no obligation to solicit a proposal and/or retain the
successful Firm on a sole source basis to provide any such additional services.
Where applicable, payment for these additional services will be based on the hourly
rates as outlined in the successful Firm’s Fee Proposals.
D. QUALIFICATIONS, EXPERIENCE and INFORMATION
A. QUALIFICATIONS - In order to be considered for selection, the
successful Firm must be able to demonstrate in its Proposal that it has:
1. Experience in providing Property and Facilities Management
Services, for at least ten (10) years, for office and commercial
business campus facilities greater than 30 acres which consisted
of at least 400,000 rentable square feet in the aggregate within
New Jersey. A minimum of one of the buildings must be at least
50,000 square feet. The successful Firm must have a direct
contractual agreement for the referenced properties and the
scope of facility, property management and lease administration
must be at least as extensive as the services required by this
RFQ/P.
2. Experience in providing Property and Facilities Management
Services for Research and Development (R&D) facilities, for at
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least ten (10) years, regardless of location, and ability to address
the special concerns associated with the types of facilities
described in this RFQ/P.
3. Experience in providing lease administration and rent collection
services, for at least ten (10) years, for multi-tenanted office and
commercial business campus facilities which consisted of at least
400,000 rentable square feet in the aggregate within New Jersey.
The successful firm must have staff experienced with accounting;
budgeting; rent billing and recordation; CAM reconciliations;
monthly accounts receivable management; payment and
accounting of all accounts payable; building management and
tenant services; tenant relations; lease abstracting and
administration. The successful Firm must have a direct
contractual agreement for the referenced properties and the
scope of the lease administration must be at least as extensive as
the services required by this RFQ/P.
4. Experience in providing Leasing Brokerage Services, including
but not limited to:
The Broker must have at least five (5) years of industry
knowledge and experience in the leasing of high technology
space.
The Broker must have at least ten (10) years experience in
the New Jersey leasing market.
A valid New Jersey Real Estate Brokerage Services License.
5. Firms must have a significant regional business office located in
the State of New Jersey.
6. The proposed Property Manager and the Site Superintendent(s)
must have a minimum of three (3) years experience in providing
Property and Facilities Management Services for Research and
Development (R&D) facilities. The proposed Accountant must
have at least an Associate’s Degree in Accounting and a minimum
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of five (5) years of real estate accounting experience. The
Proposer must indicate whether it has the in-house staffing
capability to meet the staffing needs as required by this RFQ/P or
whether it will be hiring staff.
B. EXPERIENCE - Proposals should demonstrate that a Proposer has a
high level of experience in all of the areas of service covered by this
RFQ/P including, but not limited to:
1. Firms should demonstrate a proven track record, staff resources
and experience to be able to provide Property and Facilities
Management, Lease Administration and Leasing Brokerage
Services within the State of New Jersey.
2. Specialized property/facilities management experience
including:
a) The operation of commercial building mechanical, HVAC
and control systems;
b) Successful troubleshooting and/or performance
verification of mechanical control systems and HVAC systems;
c) Successful trouble shooting and/or performance
verification of other building systems including but not limited to
energy management systems (EMS), fire alarm/security systems,
and general building and lighting electrical control systems;
d) Testing instrumentation;
e) Performance of testing and balancing of HVAC systems;
f) Planning and delivery of property and facility management
services;
g) Producing capital repair and improvement plans for office
buildings and building operating systems;
h) Maintaining regular liaison for building operation issues
with building tenants/occupants and resolving building oriented
complaints;
i) Implementing cost control and savings measures to ensure
the building is operated effectively, efficiently and within budget;
and
j) Licensed boiler operator personnel.
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k) Any and all other services as reasonably required by
NJEDA or the LLC.
3. Experience utilizing a Property Management and Accounting
Database System (the database). The database must be available
via the internet to the NJEDA, 24 hours a day, seven days per
week for viewing, printing reports, as well as entering word
orders. NJEDA must have complete and unlimited access to the
database. Any licenses required for NJEDA access will be
provided by the successful Firm and the cost, if any, for NJEDA
licenses must be included as part of the successful Firm’s
Facility/Property Management/Lease Administration Fees. No
additional fees will be paid by NJEDA or the LLC for unlimited
access to the database. The Property Management and
Accounting Database Systems must have reporting capabilities
and be kept up-to-date to meet the NJEDA’s and the LLC’s
monthly, quarterly and annual reporting requirements. The
database must be able to import and/or convert Excel files to be
compatible with NJEDA’s current work order system. The
Property Management and Accounting Database System must
provide the following fields (and any other fields as determined
by the NJEDA or LLC) and be able to sort, filter and report data
based on the respective fields:
· Property Name
· Tenant
· Invoice Number
· Subcontractor Invoice Number
· NJEDA General Ledger Account
· Maintenance (Janitorial, HVAC, Windows, etc.) Category
· Date of Service
· Subcontractor Name/Address
· Description of Service / Contract Amount / Term of
Contract (Start and Expiration)
· Description of Materials and Supplies
· Work Order and Work Order Number
· Hours - Standard (Weekly, Monthly, Annual, YTD)
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· Hours - Overtime (Weekly, Monthly, Annual, YTD)
· Hourly Rate – Standard
· Hourly Rate – Overtime
· Labor Charge – Standard
· Labor Charge – Overtime
· Total Labor Charge
· Total Materials Charge
· Employee Name
· Whether the charge is a standard contract amount
· Whether the charge is preventative maintenance
· Whether the charge is covered under warranty
· Whether the charge is an emergency charge
· Whether the charge is a travel charge
· Equipment name/location
· Equipment serial #
· Equipment maintenance history
· Equipment original cost
· Equipment preventative maintenance schedule
· Tools
· Supplies
· Equipment under warranty, if so, dates covered
· Service Calls (date/issue/response/resolution)
· Emergency Calls (date/issue/response/resolution)
Sample reports that will be required to be prepared by the
successful Firm and submitted to NJEDA and the LLC include, but
are not limited to, the following:
· Monthly CAM reports showing actual amount paid via
estimate v. actual costs attributable to each tenant
· Annual Preventative Maintenance schedule
· Monthly Preventative Maintenance report of scheduled
activities/completion dates
· Monthly equipment/tool inventory list
· Energy tracking (usage, costs, etc.)
· Preventative Maintenance books on-site at each building
with maintenance records, warranties,
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equipment/tools/supplies lists, work orders, signed
checklists and vendor invoices for PM and other repair
work to major equipment
· Routine building walk-through/tour checklists with
names, dates and times of inspections
· Work to be subcontracted
· Updated subcontractor utilization/procurement plan
· Subcontractor contracts/purchase orders, etc.
· Subcontractor compliance, as applicable
o Licenses
o Business registration
o Contractor registration
o Monthly status reports
o Set aside certifications (SBE, WBE, MBE)
o Union affiliation
o Prevailing wage certifications
· List of work orders (all work must be entered)
o General description
o Open date
o Assigned to
o Originated from (tenant*/NJEDA/Site Super)
o Status
o Work Order Number
o Completion date
o NJEDA notification
o NJEDA approval, if applicable
o Weekly update to NJEDA of open/completed
items
*All tenant generated work orders must be approved by
the NJEDA Real Estate Property Manager.
4. Experience procuring, managing and supervising subcontractors
related to facilities and property management.
5. Experience drafting Scopes of Services for bidding subcontracted
facility and property management services.
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6. The Proposer must indicate whether it has in-house staffing
capability to meet the staffing needs as required by this RFQ/P
or whether it will be hiring staff. The Proposer should provide
evidence that its staff, resources and experiences with facilities
and property management, lease administration and leasing
brokerage services, will enable it to effectively perform and
deliver the services required of the resulting contract(s). This is
to be evidenced by the qualifications of the proposed staff
assigned to perform the work against the resulting contract(s),
as indicated by the staff resumes, job descriptions, and staffing
plan submitted with the Proposal. The successful Firm will have
background checks conducted on all assigned staff and will
provide a copy to NJEDA staff.
7. Experience in providing Leasing Brokerage Services, including
but not limited to:
The individual assigned as the lead broker for this project
should have a Counselor of Real Estate (CRE) designation or
other professional designation demonstrating advanced
proficiency in the real estate industry.
The Broker should demonstrate it possesses the necessary skills
and experience to accurately assess the market condition in high
technology industries.
The Broker should demonstrate successful experiences working
with similar projects in the private and public sectors.
C. INFORMATION - In order for a Proposal to be reviewed and evaluated,
NJEDA will need the following information:
1. Name, business address, telephone and fax number of the
company headquarters and regional business offices;
2. Federal Tax ID #;
3. State of New Jersey SBE/MBE/WBE Certifications, if applicable;
4. Date that the business was established and history of
the firm;
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5. Listing of persons holding ownership in company, and résumés
of owners and proposed staff assigned to the projects;
6. Detail of business structure (corporation, partnership, LLC);
7. Organization chart of the firm(s);
8. Current client listing, including description of services provided;
9. Listing of standard insurance coverages and limits;
10. Listing of total staff, staff located in New Jersey office locations,
and staff to be assigned to this assignment, including qualified
replacement staff for sick days, vacations and personal
emergencies;
11. Annual dollar volume of facility/property management services
provided during the previous five years of operation including
dollar values for all work performed in New Jersey including the
Firm’s fee income, rental income from tenants and property
managements expenses for managed properties;
12. Annual dollar volume of leasing brokerage services provided
during the previous five years of operation including dollar
values for all work performed in New Jersey;
13. Current and previous year Annual Report, with financials
(financials are to be provided in a separate, sealed
envelope);
14. A total of five (5) references should be provided. These
references will allow NJEDA to address specific questions/issues
with the reference source, regarding the Proposer’s
performance, quality and responsiveness, achievement of
deadlines, etc. as it relates to the specific project. NJEDA, in its
sole discretion, shall determine whether or when it is
appropriate and/or necessary to contact the references
provided, in an effort to gain a more clear insight into the
Proposer’s capabilities and experience regarding the requisite
services. NJEDA reserves the right to request a site tour of an
existing managed property;
15. List of any outstanding litigation that would threaten the viability
of the firm or the performance of the contracts;
16. Internet website address, if any;
17. Outline the amount and types of property and facility
management services available to be provided by the proposer;
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18. Property Management and Accounting Database Systems
experience (list all systems currently and actively in use by the
proposer with sample reports);
19. Copies of all licenses required to perform the requisite services;
20. If joint venture, outline of experience working with joint venture
partner;
21. If joint venture, outline of services to be provided by each firm;
and
22. If joint venture, outline of staff and titles from each firm to be
assigned to each aspect of the services outlined in the RFQ/P.
E. PROPERTY/FACILITIES MANAGEMENT SERVICES
For all properties that require property and/or facilities management, the successful
Firm's responsibilities will include, but not be limited to, the following (as applicable
to each respective property):
1. Maintaining continuous communication with assigned NJEDA or LLC staff on
all building related issues including conducting meetings and providing
required written reports on a monthly basis, or such other schedule as may be
determined.
2. Assessing the conditions of the properties, the buildings and their systems
and reviewing all existing warranties, manufacturer's instructions and other
contracts within the first thirty (30) days of the contract. The successful Firm
will then formulate a preventative maintenance schedule in accordance with
manufacturer's recommendations. Copies of all warranties will be maintained
by the successful Firm and a comprehensive list of all warranties will be
provided to the NJEDA including expiration dates. The successful Firm will
track all warranty expirations and advise the NJEDA of all expiration dates 60
days prior to the expiration date. The successful Firm will obtain warranty
renewal information and costs to assist the NJEDA or the LLC with the
decision of whether to purchase an extended warranty.
3. The successful Firm will prepare and update all Comprehensive Preventative
Maintenance plans annually and provide copies to NJEDA and the LLC. The
comprehensive preventative maintenance plans will be updated upon
purchase of any new equipment with updated copies provided to the NJEDA.
The comprehensive preventative maintenance plan for each project site will
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include a complete list of all building systems and equipment including make,
model, serial number, date purchased, cost, building location, complete
maintenance history, and scheduled maintenance. The successful Firm will
prepare a report detailing the maintenance to be performed, the personnel
who will provide the maintenance (the successful Firm or a subcontractor),
whether the preventative maintenance can be performed during regularwork
hours. The successful Firm must provide a list of what preventative
maintenance cannot be performed during regular work hours and an estimate
of the cost.
4. Developing and implementing a comprehensive facility operation plan and
manual including preventative maintenance schedules and a five-year capital
plan.
5. Reviewing existing building-related service contracts and making
recommendations to NJEDA or the LLC on when such contracts should be
rebid and developing and implementing bid packages for such service
contracts.
6. Developing Annual Operating and Preventative Maintenance Budgets for
submission to and approval by NJEDA or the LLC.
7. Hiring, or causing to be hired, paid and supervised, all persons or
subcontractors necessary to properly maintain and operate the buildings
who, in each instance, will be the successful Firm's (and not the NJEDA’s or
the LLC's) employees and subcontractors, and paying those employees union
or prevailing wage, as applicable.
8. Using union affiliated subcontractors for all services performed at the
Technology Centre of New Jersey for all applicable services. The successful
Firm must contact the local union affiliate, in writing, for prospective
subcontractors. The successful Firm should negotiate and execute a contract
with the union within ninety (90) days from its receipt of the notice of intent
to award.
9. Maintaining the properties and buildings in such condition as required by this
RFQ/P and as otherwise may be deemed advisable by NJEDA or the LLC
including roadway inspections, preventative maintenance on the building and
equipment, painting, interior and exterior cleaning, and causing routine
inspections, repairs and incidental alterations of the building to be made,
including, but not limited to, electrical, plumbing, steam fitting, carpentry,
masonry, elevator and any other routine repairs and incidental alterations as
20
may be required in the course of ordinary maintenance and care of the
building. Where specifications or standards are not included herein,
maintenance will be in accordance with manufacturer's recommendations and
standards.
10. Ensuring that maintenance and repairs are performed by trained technicians,
which maintenance and repair will not interfere with the operations of NJEDA
or the LLC or their tenants, whose normal hours of operation are 8:30 a.m. to
5:30 p.m., Monday through Friday, unless specified otherwise. The successful
Firm will review all warranties prior to authorizing maintenance or repairs to
ensure covered work is not charged to the NJEDA or the LLC. Warranty review
should be included as part of all applicable work orders. The successful Firm
will not be reimbursed for any work that could have been covered under
warranty. Each piece of equipment that is serviced or repaired must be tagged
or labeled at the time of service. The tag must show the name of the
contractor, the date and type of service performed and the name and
signature of the technician who performed the work. If equipment must be
shutdown for service or repairs, the successful Firm is required to coordinate
the schedule with the NJEDA Real Estate Property Manager before any
shutdown. All of this information must be tracked through the database and
also kept in the preventative maintenance book(s) located on on-site.
11. Soliciting, bidding and entering into subcontracts for any necessary HVAC,
equipment maintenance, elevator inspection and maintenance, janitorial,
window cleaning, trash removal, vermin extermination, landscaping, lawn
care and tree maintenance, snowplowing/de-icing, fire alarm
testing/inspection, paving, and other services as shall be advisable in
accordance with the procedures set forth in the Solicitations of Proposals and
Quotations Methodology, attached hereto as Exhibit K.
12. Ensuring that any equipment to be replaced will be new or remanufactured
and will be manufactured by a reputable manufacturer. All substitutes for the
original manufacturer's equipment related to the upgrading of equipment will
be Energy Star® compliant, and be in accordance with Executive Order No. 11.
13. Ensuring that any new equipment be guaranteed for a minimum of one (1)
year from the date of replacement and replaced at no cost to NJEDA or the LLC
if found defective during that time. The successful Firm will obtain cost
estimates for extended warranties on new installations and consult with
NJEDA or the LLC regarding the purchase of such contracts. Equipment under
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warranty will be maintained in accordance with warranty instructions and
conditions and will be documented accordingly.
14. Providing emergency services as needed on a twenty-four (24) hour, seven
(7) days per week basis. The successful Firm agrees to provide an emergency
service on a twenty-four (24) hour, seven (7) days per week basis. From the
time of the call by NJEDA or the LLC, the successful Firm has a maximum of
one hour to respond to all calls. The successful Firm will provide NJEDA with
an emergency call tree for the purposes of response escalation (on-call 24
hours per day, seven days per week). The successful Firm will also provide
NJEDA and all tenants with one number which is accessible and answered 24
hours per day, seven days per week for maintenance requests and after-hour
emergencies. The Proposer must consider the costs to provide this service in
its Fee Proposals, since no additional compensation will be given, unless the
emergency services are required to be performed on-site.
15. Providing updates of all changes to existing wiring diagrams and drawings for
all existing systems and any systems that are added to the building. Drawings
and diagrams are to be in compliance with accepted drafting standards.
16. Maintaining a log of all hours of work completed by all employees and
subcontractors. In the sole discretion of the NJEDA or the LLC, the successful
Firm will install a punch card system in all buildings (either manual or
electronic) for use by the successful Firm’s staff and subcontractors. The
successful Firm will provide the NJEDA with weekly time cards, either by
legible copy or electronic submission and all documentation required in the
Compliance section of this RFQ/P, including weekly payrolls for prevailing
wage tracking and/or union requirements.
17. Reviewing all invoices/bills received for utilities, services, work, equipment,
tools, and supplies ordered in connection with maintaining and operating the
buildings. All invoices must be reviewed and initialed by the Property
Manager for accuracy and reasonableness. Ensuring that the invoices/bills are
legible and include a complete, detailed description of the utility charge,
services, work, equipment, tools or supplies.
18. Reviewing each lease and sublease to become familiar with NJEDA and the
LLC’s specific responsibilities to each tenant/subtenant. The successful Firm
will not be compensated for services performed on behalf of any tenant or
subtenant unless the services are specifically required to be performed by the
lease/sublease. If the successful Firm provides services directly to any
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tenant/subtenant for work unrelated to the services required under this
RFQ/P, those services cannot be performed during the successful Firm’s
normal business hours and cannot be charged to NJEDA or the LLC. If a
conflict occurs, NJEDA staff will provide a determination of the lease/sublease
requirements.
19. Providing monthly budget v. actual reports to the NJEDA or the LLC and, when
necessary, developing plans to identify any possible funding shortfalls.
20. Establishing and maintaining orderly books, records and files containing
correspondence, scope of work, proposals, receipted bills, contracts and
vouchers, employee, subcontractors and payroll records, and all other
documents and papers pertaining to the properties and buildings and the
operation and maintenance thereof, which NJEDA or the LLC may review at
any time. The successful Firm will provide such documents as the NJEDA or
the LLC may reasonably require within five (5) business days after request by
the NJEDA and/or the LLC.
21. Providing information and training to advise employees of the successful Firm
and NJEDA or the LLC of potentially hazardous substances known to be in the
work place. Part of this information is a collection of Material Safety Data
Sheets for all chemicals used by the successful Firm or its subcontractors.
Before any chemical product is used on or in the building, a copy of the
product label and Material Safety Data Sheet must be provided to and
approved by NJEDA or the LLC before the chemical is applied.
22. Providing written monthly reports to NJEDA or the LLC within ten (10)
working days of the end of each month including a precise description of
services provided to the building(s), including all systems and equipment,
number of employees/subcontractors involved, and the costs incurred.
23. Facilities Management Services referenced above may include, but are not
limited to:
a. Lighting Systems
b. Pest Management
c. Electrical Switchgear and Electrical Systems
d. Landscaping, tree maintenance, and maintaining walkways
e. Automatic Doors
f. Daily responsiveness to issues/problems identified by NJEDA or LLC
staff
g. Rubbish Removal
h. Monthly site inspections and provide verification of such inspection
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i. Solicit written bid proposals from at least three (3) qualified suppliers
or service providers on each requirement as outlined in Paragraph
24(A) below
j. Maintain inventory, supply list and spare parts documentation
k. Building Generator
l. Provide five (5) year Capital Repair and Improvement Plan
m. Fire Alarm and Fire Suppression Systems
n. Provide staff to maintain and perform routine inspections and required
maintenance
o. Janitorial Services
p. Maintain all drawings, as-builts and other schematic drawings current,
as well as, site/equipment manuals, warranties, etc. and providing
copies to NJEDA or the LLC upon request
q. Plumbing
r. Provide timely monthly operating report with invoices
s. Elevator Maintenance
t. Review work orders, maintenance tracking and scheduling systems
u. Maintain grounds, roadways, sidewalks, and parking lots, if applicable
v. Provide Operational and Comprehensive Preventative Maintenance
Plans
w. HVAC
x. Window Cleaning
y. Painting
24. With the prior written consent of NJEDA or the LLC, negotiating and reviewing
contracts to be entered into by the successful Firm for capital repairs and
improvements to the buildings and supervising all work to be performed
under such subcontracts and authorizing payment for all work performed
under such subcontracts. Engage, as necessary, subcontractor services
required for the planning and supervision of alterations and/or improvements
made or proposed to be made to the buildings in accordance with the
Solicitations of Proposals and Quotations Methodology, attached hereto as
Exhibit K.
25. Performing such other property/facility management tasks for NJEDA-
properties or LLC-properties as may be required by the NJEDA or the LLC.
26. Generating reports and invoices acceptable to the NJEDA or the LLC.
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27. Performing monthly fire extinguisher maintenance; annual fire extinguisher
inspections; and coordination and assistance with semi-annual fire drills as
required by state and local laws.
F. LEASE ADMINISTRATION SERVICES
For all properties that require lease administration services, the successful Firm's
responsibilities will include, but not be limited to, the following services which are
further defined in the Scope of Services section of this RFQ/P (as applicable to each
respective property):
a) Rent billing, collection and recordation, monthly accounts
receivable management, available to NJEDA 24/7 via the
Internet;
b) Monthly delinquency reports (NJEDA to provide delinquency
policy);
c) Rent rolls;
d) Tenant relations;
e) Lease abstracting and administration;
f) Other duties as required by the NJEDA and/or the LLC as may be
necessary to generally assist in the management and successful
operation of the properties;
g) Preparation of the projected rent receipts for the annual budget
submitted 120 days prior to the budgeted year for approval by
NJEDA and/or the LLC; and
h) Accounting services including, but not limited to, cash flow
statements, common area allocations and reconciliations, etc.
G. LEASING BROKERAGE SERVICES
For all properties that require leasing brokerage services, the successful Firm's
responsibilities will include, but not be limited to, the following services which are
further defined in the Scope of Services section of this RFQ/P (as applicable to each
respective property):
a) Perform market analysis;
25
b) Advertise and promote the sites including the creation and
dissemination of marketing materials, brochures, advertisements
and signage;
c) Interview prospective tenants and show vacant space;
d) Prepare monthly activity reports;
e) Obtain proposals and financial information from qualified
prospective tenants;
f) Negotiate and draft letters of intent and leases, subject to
approval by NJEDA and the LLC; and
g) Prepare an annual marketing and service plan.
In the event the successful Firm has been engaged as the agent of a prospective
tenant, NJEDA and the LLC reserve the right to select and engage an alternate broker
to represent NJEDA or the LLC with respect to this specific prospective tenant. If the
successful Firm is acting as the agent of a prospective tenant and NJEDA or the LLC
engages an alternate broker with respect to the specific transaction, the alternate
broker and the successful Firm will both be compensated and the total leasing
commission paid to the two firms on the transaction will be limited to the
commission amount calculated from the rate in the successful Firm’s Proposal (i.e.,
the amount that would be paid to the successful Firm if it was not the agent for the
prospective tenant).
Brokerage services by the successful Firm is limited to leasing services for tenants at
the sites that are identified in the RFQ/P and expressly does not include any
brokerage services for the sale or transfer of ownership or control by NJEDA or the
LLC of any of the sites identified in this RFQ/P. Nothing in the contract(s) that result
from this RFQ/P shall entitle the successful Firm to any sales commission, finder’s
fee or other compensation arising out of a sale or transfer of ownership or control of
a site owned or controlled by NJEDA or the LLC.
Compensation for Leasing Brokerage Services. NJEDA and the LLC agree to pay the
successful Firm for its leasing brokerage services during the term of the
contract(s), as follows:
(a) NJEDA and the LLC’s Consideration. NJEDA and the LLC shall have the
right in the exercise of their sole and absolute subjective discretion to
reject any prospective tenant. In such event no lease commission or
compensation shall be earned or payable in connection with such
26
proposed lease or the activities of the successful firm or any other
broker in connection therewith.
(b) Commissions to Cooperating Broker. The successful Firm shall pay any
lease commission earned by an independent outside broker
representing a tenant and cooperating with the successful Firm in
connection with the leasing of the Property; provided, however, that
NJEDA and the LLC shall have no obligation to pay an “override” to the
successful Firm for such outside broker’s assistance in negotiating any
such lease. In no event shall the total amount paid by NJEDA and the
LLC to the successful Firm and all brokers cooperating with the
successful Firm in connection with a given lease be in excess of the
amount outlined in the successful Firm’s Fee Proposal for each
property.
(c) Calculation of Commissions. Lease commissions will be paid in
accordance with the successful Firm’s Fee Proposal, exclusive of
parking fees, amounts paid under any percentage rent clause, amounts
paid pursuant to escalation or “billback” clauses for taxes, PILOT,
utilities, insurance, and operating costs, amounts paid pursuant to cost
of living adjustment clauses, common area, rent free periods, amounts
paid for amortization of non-standard tenant improvement work and
exclusive of any charge, adjustment, or increase in rent similar to any of
the foregoing.
(d) Commissions for New Leases/Expansion Space. Lease commissions
payable hereunder shall, in the case of either new leases or expansion
of space under existing leases, be earned and payable in two (2)
installments. The first one-half (1/2) of commission shall be earned
and payable within thirty (30) days after the execution of the lease by
NJEDA or the LLC and the tenant or the exercise of the mandatory
expansion by the tenant, as the case may be. The remaining one-half
(1/2) of commission shall be earned and payable within thirty (30)
days after the later of: (i) occupancy by the tenant of all the premises
demised under the lease or expansion right as the case may be; or (ii)
the actual accrual and payment of the tenant’s first month’s base rent
under a new lease or the first rent due as a result of the exercising of an
expansion right, as the case may be, in accordance with such terms of
27
the lease.
(e) Letter. Before the execution of any lease for which NJEDA or the LLC is
to pay a commission to a cooperating broker and as a condition
precedent to NJEDA and the LLC’s obligation to pay the lease
commission due the successful Firm under the contract(s), the
successful Firm shall obtain from such cooperating broker a signed
representation form, in a format to be provided by NJEDA or the LLC to
the successful firm, and the successful Firm shall forward such
representation form to NJEDA for its approval.
(f) Lease Renewals. During the term of the contract(s), the successful Firm
will be responsible for negotiating and completing lease renewals and
shall earn and be paid the full and regular commission for such
transactions unless otherwise agreed on in writing.
(g) Rent Concessions. For the purpose of calculating the lease commission
earned by the successful Firm, the term of a lease shall be deemed to
commence on the date the lease commences and shall include any
period of rent concession. Renewal commissions shall be determined
as provided in the successful Firm’s Fee Proposal unless otherwise
agreed on in writing.
(h) Lease Cancellation. If a lease shall provide for a right of cancellation at
a specified time (not including a right to cancel as of a particular event,
the time of occurrence of which is uncertain, such as the death or
disability of the tenant), then the lease commission payable hereunder
shall be calculated and paid as if such lease provided for an initial term
extending from the commencement of the term through the earliest
possible cancellation date. If such cancellation provision is not
exercised or is waived, and the contract(s) is still in effect, NJEDA or the
LLC shall pay the successful Firm an additional commission calculated
in accordance with the contract(s) on the balance of the lease term, as if
such balance was part of the original lease term, and such additional
commission shall be payable at the time the right to cancel expires or is
waived, as the case may be. An exception to this is if the lease requires
a termination fee which includes unamortized commissions.
(i) Existing Letters of Intent. The successful Firm will not be entitled to a
28
leasing commission on any lease if the NJEDA or LLC has issued a Letter
of Intent prior to the execution of the resulting contract(s). NJEDA and
the LLC will provide the successful Firm with copies of all such Letters
of Intent.
(j) Cooperation. The successful Firm, through a separate agreement with
tenants, may assist and cooperate with tenants in connection with the
sublease of NJEDA or LLC owned space vacated by such tenants to
occupy the property; provided, however, that the successful Firm shall
not receive any compensation from NJEDA and the LLC for such
activities.
H. PROCUREMENT, MANAGEMENT AND PAYMENT OF
SUBCONTRACTORS/SUBCONSULTANTS/VENDORS
During the term of the contracts and any extensions thereto, and in accordance with
its approved staffing plan, the successful Firm will be required to procure and
manage certain services by subcontractors and subconsultants and also to make
purchases on behalf of NJEDA and the LLC. The successful Firm must identify and
substantiate the need to secure such services/purchases from a qualified
subcontractor/subconsultant/vendor and will obtain prior written approval to do
so from NJEDA staff. The successful Firm will give consideration to Small Business
Enterprises (SBEs), Women-Owned Business Enterprises (WBEs) and Minority-
Owned Business Enterprises (MBEs) when possible.
Where applicable, the successful Firm will source and secure such services through
a competitive bidding process to be conducted by the successful Firm, in
accordance with the procedures outlined in the Solicitation of Quotations and
Proposals Methodology and Procedures attached to this RFQ/P as Exhibit K. The
successful Firm will be responsible for the subcontractor / subconsultant /
vendor's: (a) performance; (b) compliance with all of the terms and conditions of
the contract; and (c) compliance with the requirements of all applicable laws.
Proposers should note that the successful Firm will retain the sole and absolute
responsibility for the management and supervision all subcontractors /
subconsultants / vendors to a high quality of service. The successful Firm will take all
steps necessary to ensure that all work is being performed to the highest professional
standards including the performance of audits of staff and subcontractors performing
services after normal business hours and on the weekends. Additionally, the successful
29
Firm assumes sole and absolute responsibility for all payments and monies due to
its subcontractors / subconsultants / vendors. Charges to NJEDA or the LLC for
reimbursement will be invoiced without additional mark-up, additional charges
added by the successful Firm, or sales tax.
No subcontractors, subconsultants or vendors should be hired by the
successful Firm for the services required under this RFQ/P until NJEDA and
the LLC have approved the successful Firm’s staffing plan and a notice to
proceed has been issued by NJEDA.
I. MONTHLY REPORT/INVOICES
1. The monthly report will be submitted electronically by the successful Firm to
NJEDA by 12:00 noon the 4th business day of each month. A paper copy with
original backup including invoices, receipts and signatures must also be
submitted to NJEDA. It is NJEDA’s intention to institute a “green policy” for all
future reports and invoicing. The successful Firm will be expected to work
with NJEDA to create and institute said policy.
2. The monthly report will include a summary of cash receipts and cash
disbursements, with a subtotal showing net cash flow for the month. The
property management fee will be included in this report as a deduction from
cash flow; however, the fee will not be disbursed from the account until the
monthly report is approved by NJEDA staff. The net cash flow for the month
will be disbursed by wire to the NJEDA or the LLC on the 4 th business day of
the month.
3. The successful Firm must submit invoices for all services rendered within
ninety (90) days of the date the service was provided/performed. Invoices for
services rendered more than ninety (90) days will not be paid by the NJEDA or
the LLC unless the successful Firm received a prior, written waiver from
NJEDA or the LLC. The successful Firm is encouraged to inform its
subcontractors / subconsultants / vendors of this policy.
4. The successful Firm must pay all bills and invoices in a timely manner. NJEDA
and the LLC will not reimburse the successful Firm for any late fees charged or
incurred in connection with any of the services performed under the
30
contract(s). Late fees will not be funded the LLC or NJEDA’s bank accounts by
the successful Firm.
5. The successful Firm must research all early payment discount programs with
subcontractors and vendors. If an early discount is available, the successful
Firm must take advantage of this program and ensure that payments are made
in a timely manner to ensure the requisite discount is received on behalf of
NJEDA and the LLC.
6. The successful Firm must submit a Monthly Status Report along with its
invoice, on a monthly basis to NJEDA. Invoices will be considered non-
compliant and will not be processed until receipt of the Monthly Status
Report. All required compliance must be attached to the Monthly Status
Report.
7. Invoices submitted to NJEDA and/or the LLC will be subject to review by the
State of New Jersey Office of the Inspector General. Improper billing practices
will be subject to penalties as more fully set forth in the contract(s).
8. NJEDA and the LLC consider the successful Firm to be the sole point of contact
with regard to contractual matters and the successful Firm will be required to
assume sole responsibility for the complete effort stipulated in the RFQ/P.
Payments will only be made to the successful Firm. The successful Firm is
responsible for assuring subcontractor compliance with all terms and
conditions of this RFQ/P and assumes sole responsibility for any payments
due the subcontractor(s) under the contract(s).
9. All reimbursement for purchases made by the successful Firm’s staff on behalf
of the NJEDA and the LLC must be included on an invoice for processing. No
direct reimbursement will be made to the successful Firm’s staff for purchases
paid in cash or by a personal credit card.
10. All payments over $1,000 must be made in accordance with the procedures
set forth in the Solicitations of Proposals and Quotations Methodology.
Purchase of tools and equipment over $100 must be previously approved by
NJEDA’s Property Manager and included on an equipment/tool inventory
report and included in the monthly reporting package.
31
11. Disputes – Any amount disputed by NJEDA or the LLC will not be funded from
the NJEDA or LLC accounts until the matter is resolved as evidenced in writing
by NJEDA staff.
12. No sales tax will be charged due to the tax exempt status of the NJEDA.
J. MEETINGS
The successful Firm and various members of its key staff assigned to perform work
against the resulting contract will be required to attend and participate in monthly
meetings with NJEDA staff, as required, throughout the term of the contract and any
extensions thereto. These meetings are expected to take place at the NJEDA’s offices
located at 36 West State Street, in Trenton, at other locations within the State or via
teleconference, as most appropriately determined by the NJEDA, in its sole
discretion. The meetings will generally be held for the following purposes:
i. Review building management progress and quality of
work.
ii. Identify and resolve issues/problems.
iii. Coordinate the efforts of all concerned so that all services
are rendered efficiently and effectively.
iv. Maintain a sound working relationship between the
successful Firm and NJEDA and the LLC.
v. Maintain a mutual understanding of all subcontract(s).
vi. Maintain sound working procedures.
vii. Update NJEDA and the LLC on work in progress in-house
and by subcontractors/subconsultants.
viii. Achievement of NJEDA’s compliance requirements
including prevailing wage, set aside goals, and MBE and
WBE subcontractor participation.
ix. Review marketing plans and list of potential tenants.
x. Discuss status of prospective tenant negotiations.
xi. Review lease administration and rent collection status.
xii. Review existing tenant issues.
xiii. Plan annual plans and budgets.
xiv. Discuss all other issues relevant to the work outlined in
this RFQ/P.
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The successful Firm will be responsible for preparing and disseminating the minutes
from each monthly meeting, drafting a proposed agenda for each meeting, and
providing a monthly update for all outstanding items from the previous meeting.
The Proposer will consider these costs when preparing its Fee Proposals. No
additional compensation will be provided to the successful Firm for attendance at
and participation in these meetings, preparations for or presentations given.
K. ADDITIONAL ITEMS
1. Overtime - All overtime must be previously approved in writing by the
NJEDA or the LLC. The successful Firm will not be paid for any non-
emergency overtime that was not previously approved by the NJEDA or
the LLC. The successful Firm must notify the NJEDA of any emergency
overtime within twenty-four (24) hours of the emergency.
State wage and hour laws require the overtime rate of one and ½ times
the hourly wage rate be paid for work over 40 hours in any workweek.
Under the State Building Services Contracts Act, the regular or basic
hourly rate of the employee shall not include any fringe benefit
payments computed. Additionally, the federal Service Contract Act,
upon which the wage and benefit rates are based, makes no distinction
between temporary, part-time, and full-time employees. The wage and
fringe benefit determinations apply equally to all such service
employees engaged in work subject to the Act's provisions.
The State Building Services Contracts Act does not apply to snow
removal or landscaping services.
2. Work Orders for Additional Personnel/Additional Services - Should
additional personnel, work, special projects, or other activities beyond
the scope of this RFQ/P be deemed appropriate by the NJEDA or the
LLC in consultation with the successful Firm, the successful Firm must
present to the NJEDA or the LLC a written request to perform the
additional work. The written request must be based upon the hourly
rates or unit costs submitted with an original proposal and must
contain a complete description of the additional tasks to be performed.
Complete documentation confirming the need and appropriateness of
33
the work must be submitted along with the requisite request. Approval
of additional personnel/additional services must be previously
approved in writing by the NJEDA or the LLC. The successful Firm will
not be paid/reimbursed for any additional personnel/additional
services that were not previously approved by the NJEDA or the LLC.
This includes services provided for regular and premium time. Where
applicable, payment for additional staff services will be based on the
hourly rates as outlined in the Proposer’s Fee Proposal(s).
3. Sick Days/Vacations/Emergencies - Any day that the Site
Superintendent or Property Manager will be absent, regardless of
reason, i.e., sick time, vacations, emergencies, the successful Firm will
immediately supply other personnel trained and knowledgeable in the
work to perform the function of Site Superintendent or Property
Manager for the same number of hours, as outlined in the staffing plan.
There will be no additional charge to the NJEDA or the LLC for
replacement staff. The Proposer will consider these costs when
preparing its Fee Proposals. It is imperative that the successful Firm
have the depth of staff required to supply “same day” replacement staff
during the entire term of the contract(s).
4. Reports - The successful Firm will provide such documents and/or
reports as the NJEDA or the LLC may reasonably require within five (5)
business days after request by the NJEDA and/or the LLC. The
successful Firm must advise the NJEDA in writing if it cannot meet the
deadline for the request and provide a detailed reason and expected
delivery date.
5. Request for Information - Within twenty-four (24) hours of receipt of
the Request for Information, the successful Firm will acknowledge
receipt of the Request for Information and advise who will be
responding to the request. The successful Firm will respond to all
NJEDA or LLC Requests for Information within forty-eight (48) hours
with either a response to the inquiry or a timeframe for an expected
response.
6. Emergencies - The successful Firm will immediately notify (but in no
event later than 24 hours) the NJEDA of any property damage,
34
equipment failure, or incidents/accidents related to any NJEDA-
properties and/or LLC-properties.
7. Compliance with Laws, Rules and Regulations - The successful Firm
must comply with all local, state and federal laws, rules and regulations
applicable to the contract(s) issued pursuant to this RFQ/P and to the
goods delivered and/or services performed hereunder. Certain services
performed under the contract(s) must conform to the New Jersey
Uniform Construction Code and all other applicable State building,
electrical and safety codes. All construction permits must be obtained
from the NJ Department of Community Affairs. If permit or code
violations are found with work performed by the successful Firm or its
subcontractors/subconsultants/vendors, the successful Firm must
correct all violations at no additional charge to the NJEDA or the LLC.
8. Confidentiality - All data contained in the source documents supplied
by the NJEDA or the LLC are to be considered confidential and will be
solely for the use of the NJEDA and/or the LLC. The successful Firm will
be required to use reasonable care to protect the confidentiality of the
data. Any sale or offering of this data in any form by the successful Firm,
its employees, assignees or subcontractors, will be considered in
violation of the contract(s) and will cause the infraction to be reported
to the State Attorney General for possible prosecution. Penalties for
violations of such guarantees will include, but are not limited to,
cancellation of contract and/or legal action with no damages paid by
the NJEDA or the LLC.
9. Responsibility of the Successful Firm - The successful Firm is
responsible for the professional quality, technical accuracy and timely
completion and delivery of all deliverables and other services furnished
under the contract(s). The successful Firm will, without additional
compensation, correct or revise any errors, omissions, or other
deficiencies in its deliverables and other services. The approval of
deliverables furnished under the contract(s) will not in any way relieve
the successful Firm of responsibility for the technical adequacy of its
work. The review, approval, acceptance or payment for any of the
services will not be construed as a waiver of any rights under the
contract(s) or of any cause for action arising out of the performance of
35
the contract(s). The successful Firm's obligations under this clause are
in addition to the successful Firm's other expressed or implied
assurance under the contract(s) or State law and in no way will
diminish any other rights that the NJEDA or the LLC may have against
the successful Firm for faulty materials, equipment, work or improper
billing.
10. Project Management - All contractor activities to be performed under
the contract(s) will be accomplished in consultation with, under the
direction of, and with the approval of the NJEDA Real Estate Property
Manager. The Property Manager will be responsible for the approval of
all deliverables for each element of the tasks in the Scope of Work.
11. Substitution of Staff – Proposers should note that following the award
of the contract, in the event it becomes necessary for the successful
Firm to make a substitution, replacement or addition regarding its
own staff, the successful Firm will comply with the processes outlined
in the Substitution of Staff / Subcontractors and / or Subconsultants,
attached hereto as Exhibit L. NJEDA, in its sole discretion, shall
determine whether or not the proposed replacement, substitution or
additional personnel possesses adequate qualifications and
experience to provide services against the resulting contract(s). No
substituted or additional personnel are authorized to begin work until
the successful Firm has received written approval from NJEDA’s
designated staff. NJEDA and the LLC reserve the right to request a
replacement of the successful Firm’s staff assigned under the resulting
contract(s).
12. Substitution of Subcontractors or Subconsultants - In the event that
the successful Firm desires to substitute a subcontractor or
subconsultant, the successful Firm will identify the organization,
officers and the contractual agreement to be made which will be
forwarded to the NJEDA Real Estate Asset Manager in a timely fashion
and in accordance with the processes outlined in the Substitution of
Staff / Subcontractors and / or Subconsultants, attached hereto as
Exhibit L. The NJEDA Real Estate Property Manager must approve the
substitute subcontractor or subconsultant prior to the
commencement of any work by the recommended substitute. If the
36
recommended substitute subcontractor was a SBE, MBE or WBE firm,
the successful Firm will make a good faith effort to replace the original
subcontractor with another SBE, MBE or WBE firm. NJEDA and the
LLC reserve the right to request a replacement and/or termination of
any subcontractor or subconsultant contacted to provide services
under the resulting contract(s).
13. Licenses/Certifications - The successful Firm and any employees
assigned to perform work against the resulting contract, at a
minimum, must possess and provide evidence of all required licenses
and/or certifications and union affiliation. The successful Firm will be
responsible to ensure that any staff assigned to perform work against
the resulting contract(s) maintains such licensing and/or
certifications, as appropriate, throughout the term of the contract and
any extensions thereto. Further, upon expiration of the
license/certification, it shall be the successful Firm’s responsibility to
immediately provide NJEDA with evidence of updated licensing for the
specified individual without cost to NJEDA or the LLC.
14. Reduction of Scope of Work - NJEDA and the LLC have the option at
their sole discretion, to consider any task or service completed before
all of the said task or service have been performed, whenever in the
judgment of NJEDA or the LLC, based upon results of work already
performed, the goals of the project have been successfully achieved, or
can be successfully achieved through a reduced scope of work. In such
event, NJEDA or the LLC may reduce the scope of work for any task,
service or portions thereof by written notice to the successful Firm.
Upon receipt of such notification, the successful Firm will submit to
NJEDA or the LLC within five (5) working days an itemization of the
work effort already completed by task/service, and the work effort
which will be required by task/service to complete the affected
tasks/service in accordance with said notification. Upon approval of
the proposed work effort by NJEDA or the LLC, the successful Firm will
complete the project in accordance with said approval. The successful
Firm will be compensated in accordance with the applicable portions
of the cost proposal.
15. News Releases - The successful Firm is not permitted to issue news
releases pertaining to any aspect of the services being provided under
the contract(s), to NJEDA or the LLC and/or any of their respective
tenants, without the prior written consent of NJEDA. All such requests
37
shall be directed to NJEDA through its designated staff member, who
shall coordinate such approvals, to be granted, if any.
16. Termination - NJEDA or the LLC, in their sole discretion, may cancel
the contract(s), at any time, without material cause, upon thirty (30)
days advanced written notice to the successful Firm. In such event,
absent a default on the part of the Firm, the Firm shall be entitled to
compensation for all services properly provided to NJEDA or the LLC
pursuant to the contract(s), prior to such termination.
17. Bank Accounts – The successful Firm will establish and maintain two
bank accounts: one for NJEDA properties and one for LLC
properties. NJEDA, the LLC and their tenants are collectively referred
to as the “Depositors”. The accounts will be linked with a lockbox so
tenants can mail checks to be deposited automatically in the
appropriate account. The successful Firm shall promptly deposit any
and all funds received from the Depositors for the respective
properties into one of the two (2) respective bank accounts (the Bank
Accounts) created by the successful Firm for the respective properties.
Funds in the Bank Account shall be for the benefit of the Depositors
and only drawn upon by designated representatives of the successful
Firm. The successful Firm will provide NJEDA and the LLC on a
monthly basis, a statement indicating the amount of the Bank Account
funds expended during that quarter. The Bank Account will be used for
the sole purpose of administration expenses and paying vendors,
subconsultants and subcontractors performing services related to the
respective properties, as evidenced by executed subcontracts or
purchase orders with the vendors, subconsultants and subcontractors
and invoices charged directly against the subcontracts. Upon the
incurrence of Project related expenses and costs, the successful Firm
will draw against funds available in the respective Bank Account on an
as-needed basis and provide a monthly reporting package to NJEDA
staff providing an accounting of the funds along with any related
correspondence and drawdowns that occurred that month and a bank
reconciliation for both accounts.
The accounts will offer electronic access so that both the successful
Firm and NJEDA staff can monitor the account via the internet, 24 x 7.
Funds in the bank accounts will be used to pay expenses for the
respective properties. For NJEDA properties without rental income, a
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monthly estimate of funds required will be submitted by the successful
Firm to NJEDA. NJEDA and the successful Firm will jointly develop a
process for funding the accounts to ensure timely payment of invoices.
All of the successful Firm’s staff who will have access and authority
over the NJEDA and LLC’s bank accounts must be bonded through the
successful Firm prior to accessing the bank accounts.
Upon termination of the contract(s), any remaining Bank Account
funds will be immediately returned to the NJEDA or the LLC.
L. INSURANCE REQUIREMENTS
The successful Firm shall procure and maintain, at its own expense, liability
insurance for damages of the kinds and in the amounts hereinafter provided,
from insurance companies licensed, admitted and approved to do business in
the State of New Jersey. The successful Firm shall obtain this coverage from A
VII or better-rated companies as determined by A.M. Best Company. All
liability insurance policies shall afford coverage on an occurrence rather than
claims made basis with the exception of the professional liability coverage.
The types and minimum amounts of insurance required are as follows:
(a) Commercial General Liability Insurance.
The minimum limits of liability for this insurance shall be $1,000,000 per
occurrence and $2,000,000 in the aggregate and cover liability based on
property damage, death and bodily injury. The Commercial General Liability
Insurance policy shall name NJEDA and the LLC as additional insureds. The
coverage to be provided under this policy shall be at least as broad as the
standard, basic, unamended and unendorsed commercial general liability
policy and shall include contractual liability coverage.
(b) Workers' Compensation and Employers' Liability.
Workers' Compensation Insurance shall be provided in accordance with the
requirements of the laws of this State and shall include an endorsement to
extend coverage to any State, which may be interpreted to have legal
jurisdiction. Employers' Liability Insurance shall also be provided in an
amount acceptable to NJEDA.
(c) Professional Liability Insurance.
The successful Firm shall carry Errors and Omissions and/or Professional
Liability Insurance sufficient to protect the successful Firm from any liability
39
arising out of professional obligations performed pursuant to the contract(s).
The insurance shall be in the amount of $1,000,000 each claim and in such
policy form as shall be approved by NJEDA.
Certificates of Insurance acceptable to NJEDA and the LLC in respect to each
of the aforementioned policies shall be filed with NJEDA, prior to
commencement of providing services against the contract. These certificates
shall contain a provision that coverages afforded under the policies will not
be reduced or canceled unless at least thirty (30) days prior written notice
has been given to NJEDA. The successful Firm shall notify NJEDA, in writing,
within forty-eight (48) hours, of any changes made to policies, which affect
NJEDA or the LLC.
Within ten (10) calendar days of receiving notice of NJEDA’s intent to award
a contract, the successful Firm shall submit evidence of actual, valid
insurance coverage, naming NJEDA and the LLC as additional insureds, for
the types of insurance and amounts indicated herein and in the contract
language. The certificates of insurance supplied by the successful Firm are
subject to the final approval of NJEDA and the LLC. Failure to provide
acceptable forms of insurance may be cause for rejection of the Proposal. If
the successful Firm fails to provide complete and adequate evidence of
insurance coverage, within said ten (10) calendar day period, NJEDA reserves
the right to rescind its offer and award the contract to an alternate Proposer.
M. COMPLIANCE REQUIREMENTS
a. EQUAL EMPLOYMENT OPPORTUNITY:
The successful firm will be required to comply with the requirements of
P.L. 1975 C. 127 – N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27 et seq.,
which are expressly included within the terms of this RFQ/P, refer to
Exhibit M-1. Within ten (10) calendar days from the NJEDA issuing a
Notice of Intent to Award, the successful Firm, as well as any joint
venture partners, must either complete AA302 Employee Information
Report form, a sample of which is attached as Exhibit M-2, or submit a
valid Certificate of Employee Information Report, a sample of which is
attached as Exhibit M-3, or a valid Letter of Federal Affirmative Action
Plan Approval, a sample of which is attached as Exhibit M-4.
b. BUSINESS REGISTRATION:
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Each firm responding to this RFQ/P, and all joint venture partners,
should submit a copy of the firm’s Business Registration Certificate
issued by the New Jersey Division of Revenue (refer to sample attached
as Exhibit M-5). After contract execution, in accordance with Public
Law 2004, Chapter 57, all subconsultants/subcontractors should
provide a copy of their business registration certificates to the
successful Firm who should forward it to NJEDA. No contract with a
subcontractor will be entered into by the successful Firm unless the
subcontractor first provides proof of valid business registration. The
successful Firm should provide written notice to all subcontractors that
they are required to submit a copy of their business registration
certificate to the successful Firm. The successful Firm will maintain a
list of the names of any subcontractors and their current addresses,
updated as necessary during the course of the contract performance.
The successful Firm should submit to NJEDA a copy of the list of
subcontractors, updated as necessary during the course of performance
of the contract. The successful Firm will submit a complete and
accurate list of the subcontractors to the NJEDA before a request for
final payment is made to the NJEDA.
The business registration form (Form NJ-REG) can be found online at:
http://www.state.nj.us/treasury/revenue/gettingregistered.htm#busentity
Proposers may go to www.nj.gov/njbgs to register with the Division of
Revenue or to obtain a copy of an existing Business Registration
Certificate.
The successful Firm and any subcontractor providing goods or
performing services under this contract, and each of their affiliates,
shall, during the term of the contract, collect and remit to the Director
of the Division of Taxation in the Department of the Treasury the use
tax due pursuant to the “Sales and Use Tax Act”, P.L. 1966, c. 30 (N.J.S.A.
54:32B-1 et seq.) on all their sales of tangible personal property
delivered into the State, refer to Exhibit M-5.
c. PUBLIC LAW 2005, c.92 (and EXECUTIVE ORDER 129 (2004) -
COMPLIANCE / SOURCE DISCLOSURE:
In compliance with Public Law 2005, c.92 and Executive Order No. 129
issued September 9, 2004, each Proposer is required to indicate on the
attached Source Disclosure Certification form, attached as Exhibit M-6,
41
the location by country where services rendered pursuant to this
RFQ/P will be performed.
Failure to submit a completed and signed Source Disclosure Certification
form with as part of the Proposal may render the Proposal materially
non-responsive.
d. SET ASIDE:
In accordance with the requirements of N.J.A.C. 12A: 10 and 17:13 and
N.J.A.C. 12A: 10A-1 and 17:14, as amended, NJEDA is required to
develop a set-aside business plan for Small Business Enterprises
(SBEs). NJEDA encourages the participation of SBE firms as certified by
the Department of Treasury, Division of Minority and Women Business
Development - Office of Business Services for the services subject to
this RFQ/P. Information regarding SBE certification can be obtained by
contacting the Office of Business Services at (609) 292-2246 or at their
offices at 20 West State Street, P.O. Box 820, Trenton, NJ 08625-0820 or
on-line at:
http://www.nj.gov/njbusiness/contracting/
FOR GOODS AND SERVICES:
It is NJEDA’s goal to award:
Eight percent (8%) of its contracts to eligible small
businesses whose principal place of business is New
Jersey, is independently owned and operated, has no
more than 100 full-time employees, and whose gross
revenues do not exceed $500,000;
Eight percent (8%) of its contracts to eligible small
businesses whose principal place of business is New
Jersey, is independently owned and operated, has no
more than 100 full-time employees, and whose gross
revenues do not exceed $5 million; and
42
Nine percent (9%) of its contracts to eligible small
businesses whose principal place of business is New
Jersey, is independently owned and operated has no more
than 100 full-time employees, and whose gross revenues
do not exceed $12 million.
All Proposers should complete the attached SET ASIDE INFORMATION
FORM (Exhibit M-7) and submit it with their Proposal. If the Proposer
is a certified SBE, proof of certification should be submitted with the
Proposal.
In addition, all Proposers must complete and submit the attached SET
ASIDE COMPLIANCE CERTIFICATE (Exhibit M-7) with their Proposal.
The “SET ASIDE COMPLIANCE CERTIFICATE” is considered a
mandatory requirement to be completed and included as part of
the Proposal. Failure to complete and submit the SET ASIDE
COMPLIANCE CERTIFICATE will be a sufficient basis to deem the
Proposer’s Proposal non-responsive and thus subject to mandatory
rejection.
The Proposer’s SET ASIDE COMPLIANCE CERTIFICATE will convey
information in sufficient detail to permit NJEDA to effectively assess the
Proposer’s plan for attaining the specified set-aside goal or
documenting the Proposer’s good faith effort to meet the set-aside goal.
The successful Firm must submit a MONTHLY STATUS REPORT (Exhibit
M-8), with its invoice/monthly report, on a monthly basis to NJEDA.
Invoices will not be approved unless accompanied by the MONTHLY
STATUS REPORT.
e. P.L. 2005, c. 51 SPECIAL PROVISIONS – POLITICAL CAMPAIGN
CONTRIBUTIONS:
On March 22, 2005, Acting Governor Codey signed into law P.L. 2005, c.
51, amending and supplementing N.J.S.A. 19:44A-20.1 et seq. This
legislation supersedes Executive Order 134 (2004) (“EO 134”), but
essentially codified its substantive provisions aimed at safeguarding
the integrity of State government procurement by imposing restrictions
to insulate that process from political contributions posing the risk of
43
improper influence, purchase of access, or the appearance thereof. As
set forth in detail below, a selected entity will be required to respond in
a timely fashion to certification and disclosure requirements that will
be issued by NJEDA. Under N.J.S.A. 19:44A-20.24, the terms and
conditions set forth in this section are material terms of the RFQ/P and
contract.
(1) Definitions. For purposes of this section, the following
shall be defined as follows:
(i) “Contributions” means a contribution reportable by the
recipient under the New Jersey Campaign Contributions and
Expenditures Reporting Act, P.L. 1973, c. 83 (N.J.S.A. 19:44A-1
et seq.), and implementing regulations set forth at N.J.A.C. 19-
25-7 and N.J.A.C. 19:25-10.1 et seq. a contribution made to a
legislative leadership committee, a contribution made to a
municipal political party committee or a contribution made to
a candidate committee or election fund of any candidate for or
holder of the office of Lieutenant Governor. Currently,
contributions in excess of $300 during a reporting period are
deemed “reportable” under these laws. The provisions of P.L.
2005, c. 51 shall apply only to contributions made on or
after October 15, 2004.
ii. “Business Entity” means a for-profit entity as follows:
A. in the case of a corporation: the corporation, any officer of
the corporation, and any person or business entity that
owns or controls 10% or more of the stock of
corporation;
B. in the case of a general partnership: the partnership and
any partner;
C. in the case of a limited partnership: the limited
partnership and any partner;
D. in the case of a professional corporation: the professional
corporation any shareholder or officer;
44
E. in the case of a limited liability company: the limited
liability company and any member;
F. in the case of a limited liability partnership: the limited
liability partnership and any partner;
G. in the case of a sole proprietorship: the proprietor; and
H. in the case of any other form of entity organized under
the laws of this State or other state or foreign
jurisdiction: the entity and any principal, officer, or
partner thereof;
I. any subsidiary directly or indirectly controlled by the
business entity;
iii. any political organization organized under section 527 of the
Internal Revenue Code is directly or indirectly controlled by
the business entity, other than a candidate committee,
election fund, or political party committee; and
iv. with respect to an individual who is included within the
definition of business entity the individual’s spouse or 0civil
union partner, and any child residing with the individual,
provided, however, that, this Order shall not apply to a
contribution made by such spouse, civil union partner, or
child to a candidate for whom the contributor is entitled to
vote or to a political party committee within whose
jurisdiction the contributor resides unless such contribution
is in violation of section 9 of P.L. 2005, c. 51 (C.19:44A-20.1
et seq.) (“Chapter 51").
c) PL 2005, c.51 – means Public Law 2005, chapter 51 (C.
19:44A-20.13 through C. 19:44A-20.25, inclusive) as
expanded by Executive Order 117 (Gov. Corzine, September
24, 2008).
(2) Prohibited Conduct. NJEDA shall not enter into a contract
valued at more than $17,500 for goods or services with any
45
Business Entity, if the Business Entity solicited or made any
contribution of money, or pledge of contribution, including
in-kind contributions to a candidate committee and/or
election fund of any candidate for a holder of the public office
of Governor, or to any State or county political party
committee on or after October 15, 2004.
(3) Certification and Disclosure Requirements:
(i) Requirements for Selected Entity. The selected entity
shall receive notification that will, among other things,
notify the entity that it must submit a “Certification and
Disclosure of Political Contributions form and Business
Entity Disclosure” form as provided by NJEDA, samples of
which are set forth in Exhibit M-9 to this RFQ/P.
Instructions for completing the forms are also included
with Exhibit M-9. Failure to submit these forms in a
timely fashion shall be cause for rejection of the entity. Do
not include the P.L. 2005, c. 51 forms as part of the
Proposal submission. Only the selected entity(s) will
need to complete and submit these forms. Selected
entity(s) will be notified by NJEDA at the appropriate
time.
(ii) Consultant’s Continuing Obligation to Comply with P.L.
2005, c. 51. The selected entity shall be required on a
continuing basis to disclose and report to NJEDA any
contributions made during the contract term by the
Business Entity on forms provided by NJEDA, at the time it
makes the contribution.
(4) State Treasurer Review. Prior to the award of the
contract, the State Treasurer or his designee shall review
the Disclosures submitted by the apparent successful
entity, as well as, any other pertinent information
concerning the contributions or reports thereof. This
review will also take place on a continuing basis during
the term of the contract. If the State Treasurer determines
that any contribution or action of the contractor
46
constitutes a breach of contract pursuant to this section, or
presents a conflict of interest in the awarding of the
contract under this solicitation, the State Treasurer shall
disqualify the Business Entity from award of this or any
future contract.
(5) Breach of Contract. It shall be a breach of the terms of
the contract for the Business Entity to: (i) make or solicit a
contribution in violation of P.L. 2005, c. 51; (ii) knowingly
conceal or misrepresent a contribution given or received;
(iii) make or solicit contributions through intermediaries
for the purpose of concealing or misrepresenting the
source of the contribution; (iv) make or solicit any
contribution on the condition or with the agreement that it
will be contributed to a campaign committee or any
candidate or holder of the public office of Governor, or to
any State or county party committee; (v) engage or employ
a lobbyist or consultant with the intent or understanding
that such lobbyist or consultant would make or solicit any
contribution, which if made or solicited by the Business
Entity itself would subject that entity to the restrictions of
P.L. 2005, c. 51; (vi) fund contributions made by third
parties including consultants, attorneys, family members,
and employees; (vii) engage in any exchange of
contributions to circumvent the intent of P.L. 2005, c. 51;
or (viii) directly or indirectly through or by any other
person or means, do any action which would subject that
entity to the restrictions of P.L. 2005, c. 51.
(6) Contract Provisions. Political Campaign Contribution
provisions will be included in and be a part of the contract
that the selected entity will be required to sign.
f. CONTRACTOR REGISTRATION:
In accordance with the Public Works Contractor Registration Act, no
contractor or subcontractor is permitted to bid on or engage in any
contract for public work unless that contractor/subcontractor is
registered with the New Jersey Department of Labor. Therefore, it is
necessary for Proposers to provide a copy of their valid contractor
47
registration certificate to the NJEDA along with their Proposal.
Certificates of registration for all applicable subcontractors must be
submitted to the NJEDA prior to subcontract award. Applications for
registration will not be accepted as a substitute for a certificate of
registration (refer to sample certificate and instructions attached as
Exhibit M-10).
g. EXECUTIVE ORDER NO. 11 (2006):
The successful Firm will assist the NJEDA in complying with the energy
efficiency practice requirements of Executive Order No. 11 (Exhibit M-
11) annexed hereto and made a part hereof, as well as, all other energy
efficient initiatives reasonably requested by NJEDA. The successful Firm
will submit a report to NJEDA every six (6) months outlining the types,
volume and dollar amounts of recycled products, energy efficient
products, renewable energy products, low toxicity products and
alternatives to products that contain PBTs, and other products
manufactured through environmentally sustainable methods
purchased during the previous six months.
h. EXECUTIVE ORDER NO. 34 (2006):
In recognition of the need to leverage the state’s purchasing power to
help facilitate growth among New Jersey’s minority-owned businesses
(MBE) and women-owned businesses (WBE), Governor Corzine signed
Executive Order 34 in 2006. In accordance with EO 34, NJEDA
encourages the use of MBE and WBE vendors and MBE and WBE
subcontractors.
Each Proposer must submit the required Compliance forms with its Proposal to be
considered for selection. The successful Firm agrees it will comply with all
requirements of these provisions. If the successful Firm fails to comply with the
requirements of these provisions, NJEDA or the LLC may declare the contract(s) for
these services void.
N. SUBMITTALS
The following is a list of items which must be included with all proposals:
1. Cover letter, signed in ink. If the Proposer is a joint venture, each party
comprising the joint venture should sign the cover letter
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2. Completed Fee Proposal Forms (x3) signed in ink on the original.
3. A valid New Jersey Real Estate Brokerage License.
4. All information/documentation referred to in Qualification Section D.
A.1 through D.A.7.
5. A business plan, schedule of proposed deliverables, and project
management system using methodologies that have been successfully
employed in other engagements of similar size and complexity. The
plan should include the Proposer’s understanding of the issues and
tasks of each Scope of Services. The Proposer is required to present a
detailed description of the methodology to be used by it in achieving
the objectives and accomplishing the tasks described in the Scope of
Services with separate and specific reference to each subsection.
6. A brief narrative describing the proposed Scope of Services, on a point-
by-point basis for each item. The Proposal should cover each task set
forth in the Scope(s) of Services and detail how the Proposer intends to
complete the required tasks. The Proposal should clearly cross-
reference RFQ/P section numbers and page numbers. The Proposal
should outline the Proposer’s detailed plans and approach to complete
the Scope(s) of Services. Reiterations of the RFQ/P are strongly
discouraged as they will not provide insight into the Proposer’s
understanding of and ability to complete the work.
7. A brief narrative as to how the Proposer intends to:
identify quality tenants and create awareness of the Tech Centre and
WTCC within the biotechnology, telecommunication, electronics,
software and other emerging technology industries;
maintain an effective and productive system of handling inquiries
from prospective tenants of the Tech Centre and WTCC; and
provide biotechnology and emerging technology market analysis,
industry space requirements, advertising and promotional activities,
49
all with the goal of continuing the Tech Centre and WTCC’s
economic and industrial success.
8. A staffing chart/plan listing the names and position of employees who
would be assigned to provide all of the referenced services to NJEDA
and/or the LLC. The staffing plan should outline the office location and
proposed hours for each staff member by project site. The staffing plan
should include the staff who will have access and authority over the
NJEDA and LLC bank accounts. The staffing plan should also outline, by
project site, the hours the Proposer estimates each staff member will
be assigned to be on-site, each week as applicable. As part of the
Proposal submission, the Proposer should provide a detail of its plan
to provide a qualified and trained replacement(s) to provide the
requisite services during the term of the contract term and any
extensions thereto, to ensure uninterrupted performance of the
services, in the event of vacation, illness or personal emergency of the
successful Firm’s staff assigned to perform the work. The Proposer
should outline/detail its policy for providing these services during sick
time, emergencies and vacations. This submittal can be as simple as
identifying back-up/alternate staff for key positions identified in the
respondent Firm’s staffing chart. The successful firm must
acknowledge its responsibility to provide all of the required services
“same day” during the term of the contract including times when
Proposer’s staff exercises sick time, emergencies and vacations.
It should be noted in the staffing chart/plan what services the
successful Firm will provide with in-house staff versus subcontracted
firms for all of the referenced services.
9. The Proposer should provide a detailed resume or bio, and job
description, along with any applicable licenses or professional
certifications, for each individual, who will or who it is anticipated will
perform work against the resulting contract, to clearly demonstrate
their respective appropriate capabilities and background. At a
minimum, the resume or bio should include such information as:
demonstrated experience specific to providing the types of
services required herein
employment history
50
education
degrees / professional certifications and/or licenses
any additional information that would allow NJEDA to assess
the individual’s abilities to perform the services required under this
RFQ/P.
10. List if any problems/exceptions taken to the typical NJEDA/LLC
contract, refer to Exhibit N annexed hereto and made a part hereof. If
there are no exceptions, this must be stated. NJEDA and/or the LLC will
be under no obligation to grant or accept any changes to its form of
contract.
11. A brief narrative describing the methodology for hiring subcontractors
and subconsultants anticipated being used on this project including NJ
certified SBE firms. All subcontractors, subconsultants and vendors
need to be procured in accordance with the Solicitation of Quotations
and Proposals Methodology and Procedures. The narrative should
include an outline for the length of time required to draft a scope of
services through execution of a subcontract. No subcontractors,
subconsultants or vendors should be hired by the successful Firm
for the services required under this RFQ/P until NJEDA and the
LLC have approved the successful Firm’s staffing plan and a notice
to proceed has been issued by NJEDA.
12. Each firm should provide a representative sample of Scopes of Services,
no less than three (3), prepared by the firm for subcontracted services
similar to those required under this RFQ/P (for example, janitorial,
HVAC, landscaping/snow removal).
13. A sample (or actual if available) building management manual
containing actual procedures developed, reports generated, forms
utilized and other pertinent data that will assist to determine the
technical merit of the proposal.
14. A brief description of database management capabilities including
sample reports, logs, invoices, rent rolls, etc.
15. A description of any specific experience and qualifications in facilities
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management and any specific experience it has in each of the particular
building operations and management disciplines (i.e., mechanical
systems, electrical systems, fire alarms, energy management systems,
plumbing systems, etc.) along with an indication of what
property/facilities management areas will be performed directly and
what services are intended to be subcontracted.
16. Joint Venture Agreement, if applicable.
17. Provide a copy of the Proposer’s existing Certificate of Insurance
indicating the normal dollar amount of insurance coverage for the
following:
a. Comprehensive General Liability $
b. Excess Liability $
c. Comprehensive Automobile Liability $
d. Workers’ Compensation/Employers Liability $
e. Professional Liability, if applicable $_________
e. Other $
18. Proposer’s AA 302 or Certificate of Employee Information Report.
19. Proposer’s Business Registration Form.
20. Proposer’s Set Aside Compliance Certificate.
21. Proposer’s Set Aside Information Form.
22. Proposer’s Source Disclosure Certification Form.
23. Proposer’s Contractor Registration Form.
O. FEE PROPOSALS
Each Firm must submit each of the attached three (3) Fee Proposals, attached hereto
as Exhibit A, with their Proposal. The original Fee Proposals must be signed in ink.
No sales tax will be charged due to the tax exempt status of the NJEDA.
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The Site Superintendent position is subject to the State Building Service
Contracts Act and must be paid prevailing wage and benefits, by respective
County, as outlined in the State Building Service Contracts Act section of this
RFQ/P, refer to Exhibit O. For the purpose of this RFQ/P, the Site Superintendent
should be classified as a “General Maintenance Worker – Occupation Code
23370”.
Additional staff hourly rates must be included on each Fee Proposal for the following
respective County (Camden, Middlesex and Mercer County) for each of the following
positions:
Boiler Tender – Occupation Code 25010
Janitor – Occupation Code 11150
Laborer – Occupation Code 23470
Pest Controller – Occupation Code 99410
Stationary Engineer – Occupation Code 25070
Ventilation Equipment Tender – Occupation Code 25190
Window Cleaner – Occupation Code 11360
The additional staff positions are subject to the State Building Service
Contracts Act and must be paid prevailing wage and benefits, by respective
County, as outlined in the State Building Service Contracts Act section of this
RFQ/P, refer to Exhibit O.
The hourly rates, including additional staff hourly rates, listed as part of the Fee
Proposals must include all direct and indirect costs including, but not limited to:
overhead, fee or profit, bonuses, clerical support, travel expenses, licenses, fees,
computers, laptops, cell phones, blackberry(s), equipment, uniforms, materials,
supplies, managerial support, database equipment/fees, and all documents, forms,
and reproductions thereof. Hourly rates also include portal to portal expenses. Time
spent in traveling to and from the work site or employee's normal work station will
not be reimbursed by NJEDA or the LLC.
Note: If an employee during a workweek works in multiple classes of work in the
performance of the contract and two or more rates of compensation under the State
Building Service Contract Act are applicable to the separate classes of work, which
he or she performs, the employee must be paid the highest of such rates for all hours
worked in the workweek unless it appears from the employer's records or other
affirmative proof which of such hours were included in the periods spent in each
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class of work. The rule is the same where such an employee is employed for a
portion of the workweek in work not subject to the Act, for which compensation at a
lower rate would be proper if the employer by his records or other affirmative proof,
segregated the work time thus spent.
The additional staff hourly rates will not be included as part of the evaluation of the
Proposer’s Fee Proposals.
No additional compensation will be provided to the successful Firm for attendance
at and participation in meetings, preparations for or presentations given.
NOTE: The fees set forth in the proposer’s Fee Proposals should not take into
consideration the anticipated costs of subcontractors, materials, tools or equipment
to be reimbursed by NJEDA or the LLC. Direct, reimbursable and subcontracted costs
will be billed without mark-up or additional charges of the successful Firm.
P. AWARD
1. Any firm (or subconsultant) attempting to contact government officials
(elected or appointed) or NJEDA Board members and staff in an effort
to influence the selection process, may be immediately disqualified.
2. NJEDA reserves the right to reject any and all proposals if deemed to be
in the best interest of the NJEDA or the LLC.
3. NJEDA reserves the right to request redefined proposals through a
clarification from any firm responding to this RFQ/P.
4. NJEDA reserves, in its sole discretion, the right to waive minor
elements of non-compliance of any Firm’s Proposal with regard to the
requirements outlined in this RFQ/P.
5. Selection of the successful Firm by NJEDA will be based upon a
determination by NJEDA and the LLC, in their sole discretion, of which
Proposal is viewed as the most favorable based on the successful Firm’s
qualifications, firm and staff experience, depth of staff,
database/reporting capabilities, ability to procure, manage and
supervise subcontractors, amount and types of service available, price
54
and other factors, as determined by NJEDA and as further outlined in
this RFQ/P.
6. The NJEDA and/or the LLC retain the discretion to modify, expand or
delete any portion of the Scope of Services outlined in this RFQ/P.
7. Award of a contract for the services outlined in this RFQ/P will be
subject to the successful Firm entering into a contract(s) for the
referenced services which will be provided to the successful Firm by
NJEDA and/or the LLC.
8. Evaluation and review of Fee Proposals will be limited to the
following:
Technology Centre of New Jersey & CCIT, North Brunswick, NJ
(a) Fee for facilities and property management including CCIT, and
lease administration (excluding CCIT subtenants) (monthly fee
based on percentage of rent collected as outlined on the Rent
Rolls attached hereto as Exhibit C)
(b) Leasing brokerage services commission (excluding CCIT
subtenants) (fee based on commission rate)
(c) Site Superintendent Fee (fee based on fully loaded hourly rate)
NJEDA Headquarters and Renaissance Place, Trenton, NJ
(a) Fee for facilities and property management (monthly fixed fee)
(b) Site Superintendent Fee (fee based on fully loaded hourly rate)
Waterfront Technology Center, Camden, NJ
(a) Fee for facilities and property management and lease
administration (monthly fee based on percentage of rent
collected from tenants as outlined on the Rent Roll attached
hereto as Exhibit D)
(b) Leasing brokerage services commission (fee based on
commission rate)
(c) Site Superintendent Fee (fee based on fully loaded hourly rate)
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The hourly rates for additional staff will not be included as part of the
evaluation of the Proposer’s Fee Proposals.
The CCIT Lease Administration Add Alternate will not be included as
part of the evaluation of the Proposer’s Fee Proposals.
9. NJEDA reserves the right to terminate this RFQ/P and the selection
process at any time if it is deemed to be in the best interest of NJEDA or
the LLC.
10. The award of contract(s) under this RFQ/P will be subject to the
approval of the NJEDA board of members and the members of the LLC
in their sole discretion.
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