TOWNSHIP OF LIVINGSTON

Essex County, New Jersey

Request for Proposals (RFP) No. 14-2026

PROFESSIONAL ARCHITECTURAL SERVICES

(PREPARATION OF BRIDGING DOCUMENTS FOR

CONSTRUCTION OF A PUBLIC WORKS FACILITY)

IN ACCORDANCE WITH N.J.S.A 40A:11-53 ET SEQ. AND N.J.A.C. 5:34-10 ET SEQ.

Issue Date: May 1, 2026 Submission Deadline: June 3, 2026 - 11:00 AM

FAIR & OPEN PUBLIC SOLICITATION PROCESS FOR PROFESSIONAL SERVICES

(Pursuant to N.J.S.A. 19:44A-20.5 et. seq.)

Request for Proposals (RFP) No. 14-2026

(Preparation of Bridging Documents for Construction of a Public Works Facility)

TABLE OF CONTENTS

PAGE NO.

Public Notice 1

Information for Professional Service Providers 2-5

Scope of Work / Specifications 6-11

Document Checklist

Proposed Fee Schedule / RFP Form

APPENDICIES – Required Forms (Must be returned with all proposals)

Appendix A - Statement of Ownership Disclosure

14-22

Appendix B - Non-Collusion Affidavit Appendix C - Affirmative Action Compliance Notice Appendix D – Mandatory Affirmative Action Language Appendix E – Americans with Disabilities Act of 1990

Appendix F – Disclosure of Investment Activities in Iran Appendix G- Certification of Non Involvement in Prohibited Activities in Russia or Belarus

FAIR & OPEN PUBLIC SOLICITATION PROCESS FOR PROFESSIONAL SERVICES

(Pursuant to N.J.S.A. 19:44A-20.5 et. seq.)

NOTICE TO BIDDERS

NOTICE IS HEREBY GIVEN that sealed proposals will be received by the Clerk’s Office, for the Township of Livingston, County of Essex, State of New Jersey on Wednesday, June 3, 2026, 11:00 AM prevailing time at 357 South Livingston Avenue, Livingston, New Jersey at which time and place proposals will be opened in the Council Chambers and publicly read for:

RFP NO. 14-2026

Professional Architectural Services- Preparation of Bridging Documents for Construction of a Public Works Facility

This proposal is being solicited through a “fair and open process” in accordance with N.J.S.A. 19:44A-20.5 et.

seq.:

Bid documents and specifications can be downloaded for no charge online at https://www.livingstonnj.org/Bids.aspx (upon registration) beginning on May 1, 2026. Bidders are required to comply with the requirements of NJSA 10:5-31 et seq. and NJAC 17:27-1 et seq.

Publication date: May 1, 2026 By Order of the Township Council

Karen A. Sullivan Township Purchasing Manager

Karen A. Sullivan Purchasing Manager

Phone: (973) 422-1586

Fax: (973) 422-1152 https://www.livingstonnj.org/Bids.aspx

(PREPARATION OF BRIDGING DOCUMENTS FOR CONSTRUCTION OF A PUBLIC WORKS FACILITY)

INFORMATION FOR PROFESSIONAL SERVICES PROVIDERS

I. SUBMISSION OF PROPOSALS

A. All bidders must submit one (1) complete ORIGINAL bid proposal, clearly marked as the “ORIGINAL”, and (1) electronic, pdf format (cd or usb drive) of the proposal. It is suggested that any bidder make and retain a copy of its bid proposal.

B. Submissions will be received by the Township Clerk at the time and place mentioned in the

Public Notice for Solicitation, and at such time will be publicly opened and read aloud in the Council Chambers.

C. The proposal shall be submitted, in a SEALED ENVELOPED, bearing the name and address of the bidder written on the face of the envelope, and addressed to:

Karen A. Sullivan, PURCHASING MANAGER c/o Township Clerk

Township of Livingston 357 South Livingston Avenue

Livingston, New Jersey 07039 and clearly marked with the words

“RFP responding to RFP No. 14-2026 – Professional Architectural Services- Public Works Facility

Do Not Open Until June 3, 2026 at 11:00 AM”

ALL BIDS MUST BE DELIVERED TO AND RECEIVED BY THE TOWNSHIP CLERK’S OFFICE

WHO WILL DATE AND TIME STAMP ALL SUBMISSIONS.

D. It is the bidder’s responsibility to see that bids are presented to the TOWNSHIP on the hour and at the place designated. Submissions may be hand delivered or mailed; however, the TOWNSHIP claims no responsibility for bids forwarded by regular or overnight mail. If the proposal is sent by overnight mail, the designation in section D, above, must also appear on the outside of the delivery company envelope. Proposals received after the designated time and date will be returned unopened.

E. Sealed submissions forwarded to the TOWNSHIP before the time of opening of bids may be withdrawn upon written application of the professional service provider who shall be required to produce evidence showing that the individual is or represents the principal or principals involved in the bid. Once bids have been opened, they must remain firm for a period of sixty (60) calendar days.

F. Each proposal/bid form must give the full business address, business phone, fax, e-mail if available, the contact person of the bidder and be signed by an authorized representative as follows:

• Submissions by partnerships must furnish the full name of all partners and must be signed in the partnership name by one of the members of the partnership or by an authorized representative, followed by the signature and designation of the person signing.

• Submissions by corporations must be signed in the legal name of the corporation, followed by the name of the State in which incorporated and must contain the signature and designation of the president, secretary or other person authorized to bind the corporation in the matter.

• Submissions by sole-proprietorship shall be signed by the proprietor.

• When requested, satisfactory evidence of the authority of the officer signing shall be furnished.

G. Any questions regarding this RFP must be submitted in writing addressed to the Purchasing Manager by the deadline indicated and may be submitted by fax to (973) 422-1152 or by email to ksullivan@livingstonnj.org. All addenda will be distributed to all prospective bidders in accordance with N.J.S.A. 40A:11-23(c)(2).

II. INSURANCE AND INDEMNIFICATION

A. INSURANCE AND INDEMNIFICATION

1. Worker’s Compensation and Employer’s Liability Insurance This insurance shall be maintained in force during the life of this contract by the bidder covering all employees engaged in performance of this contract pursuant to N.J.S.A.

34:15-12(a) and N.J.A.C. 12:235-1.6. Minimum Employer’s Liability $1,000,000.00.

2. General Liability Insurance (including Products and Completed Operations)

This insurance shall have limits of not less than $1,000,000.00 any one person and $1,000,000.00 any one accident for bodily injury and $2,000,000.00 aggregate for property damage, and shall be maintained in force during the life of this contract by the bidder. The Township shall be listed as an additional insured on the bidder’s policy and the policy shall state that their policy is primary and non-contributory.

3. Professional Liability Insurance

Limits shall be a minimum of One Million Dollars ($1,000,000) for each claim and One Million Dollars ($1,000,000) aggregate each policy period.

B. Certificates of the Required Insurance

Certificates of Insurance for those polices required above shall be submitted after contract award.

Such coverage shall be with an insurance company authorized to do business in the State of New Jersey and from an insurance company rated A- or better by AM Best. All certificates shall name the TOWNSHIP as an additional insured.

C. Indemnification

The contractor agrees to indemnify, defend and hold harmless the Township, its officers, agents and employees, hereinafter referred to as indemnitees, from all suits, including attorneys’ fees and costs of litigation, actions, loss damage, expense, cost of claims, of any character or on account of any act, claim or amount arising or recovered under Workers’ Compensation law, or arising out of failure of the mailto:ksullivan@livingstonnj.org contractor or those acting under contractor to conform to any statutes, ordinances, regulations, law or court decree. It is the intent of the parties to this contract that the indemnitees shall, in all instances, except for loss or damage resulting from the sole negligence of the indemnitee, be indemnified against all liability, loss, or damage or any nature whatsoever.

III. STATUTORY AND OTHER REQUIREMENTS

A. Mandatory Affirmative Action Compliance Notification

No firm may be issued a contract unless it complies with the affirmative action provisions of N.J.S.A.

10:5-31 et seq. and N.J.A.C. 17:27-1 et seq. The following information summarizes the full, required regulatory text, which is included as Appendix C of this bid specification.

Goods and Services (including professional services) Contracts

The successful service provider shall submit to the TOWNSHIP, after notification of award but prior to execution of a contract, one of the following three documents:

1) A photocopy of a valid letter that the contractor is operating under an existing Federally approved or sanctioned affirmative action program (good for one year from the date of the letter), or

2) A photocopy of an approved Certificate of Employee Information Report, issued in accordance with N.J.A.C. 17:27-4; or

3) A photocopy of an Employee Information Report (Form AA302) provided by the Division and distributed to the public agency to be completed by the contractor in accordance with N.J.A.C. 17:27-4.

B. Stockholder Disclosure

N.J.S.A. 52:25-24.2 provides that no corporation or partnership or limited liability company shall be awarded any contract for the performance of any work or the furnishing of any goods and services, unless, prior to the receipt of the bid or accompanying the bid of said corporation or partnership.

Bidders shall submit a statement setting forth the names and addresses of all stockholders in the corporation or partnership who own ten percent or more of its stock of any class, or of all individual partners in the partnership who own a ten percent or greater interest therein. The included Statement of Township shall be completed and attached to the bid proposal. This requirement applies to all forms of corporations and partnerships, including, but not limited to, limited partnerships, limited liability partnerships and Subchapter S corporations. Failure to submit a stockholder disclosure document shall result in rejection of the proposal.

C. Non-Collusion Affidavit

The Non-Collusion Affidavit, attached hereto as Appendix B shall be properly executed and submitted with the bid proposal.

D. Proof of Business Registration

N.J.S.A. 52:32-44 requires that each professional service provider submit proof of business registration prior to a contract award. Proof of registration shall be a copy of the bidder’s Business Registration Certificate (BRC). A BRC is obtained from the New Jersey Division of Revenue. Information on obtaining a BRC is available on the internet at www.nj.gov/njbgs or by phone at (609) 292-1730.

http://www.nj.gov/njbgs

E. “Pay to Play” – Notice of Disclosure Requirement – P.L. 2005, Chapter 271, Section 3 Reporting (N.J.S.A. 19:44A – 20.27)

(1) Any business entity that has received $50,000 or more in contracts from government entities in a calendar year is required to file an annual disclosure report with ELEC. The instructions and form are available on the ELEC website.

(2) Annual Disclosures require submission by March 30 th of each year covering contracts and contributions for the prior calendar year.

(3) At a minimum, a list of all business entities that file an annual disclosure report will be listed on ELEC’s website at www.elec.state.nj.us.

(4) If you have any questions please contact ELEC at:

1-888-313-ELEC (3532) (toll free in NJ) or 609-292-8700

IV. TIME FOR AWARD OF CONTRACT

The TOWNSHIP shall award the contract or reject all submissions within such time as may be specified in the invitation for submission, but in no case more than 60 days, except that the submissions of any professional service providers who consent thereto may, at the request of the contracting unit, be held for consideration for such longer period as may be agreed.

In the event that a new contract has not been awarded prior to the contract expiration date, it shall be incumbent upon the professional service provider to continue the contract under the same terms and conditions until a new contract(s) can be completely operational. At no time shall this transition period extend more than ninety (90) days beyond the expiration date of the contract.

V. GENERAL INFORMATION

1. The TOWNSHIP reserves the right to cancel any contract entered into upon thirty (30) days written notice.

2. The TOWNSHIP may waive any minor informalities or reject any and/or all submissions, in accordance with the Fair and Open Public Solicitation Process for Professional Service(s) pursuant to N.J.S.A. 19:44A-20.5 et. seq.

http://www.elec.state.nj.us/

REQUEST FOR PROPOSALS

Architectural Services for Preparation of Bridging Documents

SECTION 1 – Introduction

Project Overview

The Township is seeking, through the issuance of this Request for Proposals (“RFP”), to engage the services of an Architectural Firm (“Architect”) to provide certain design consulting services for the preparation of Bridging Documents in reference to the Township‘s capital improvement initiative to construct a new Department of Public Works facility. This facility will be located on the Township-owned property located on a site of approximately 8.3 acres on the south side of Industrial Parkway (Block 102, Lot 12) in Livingston NJ (the “Project”).

The new DPW Facility is a critical project for the Township. This new facility will house all functions necessary to support the staff of approximately 50 and the many services the DPW offers including, but not limited to, snow removal, leaf collection and grass cutting. At this site, DPW will service, maintain and house all Township vehicles. The site will include a salt shed, material storage, both diesel and gas pumps, a service area with 7 bays as well as finished interior spaces that will provide private offices and workstations, a breakroom for 50 people that will double as a training room, a secondary conference room/training room for 24 people, men’s and women’s locker rooms, and ancillary support spaces.

The successful respondent will provide architectural services required to prepare Bridging Documents to be utilized to solicit Design-Build proposal for the completion of design, permitting and construction of the Facility. Selection of the Design-Build Team will be based upon a subsequent RFP and solicitation process.

RFP / Procurement Schedule

The following is the projected schedule for this procurement process:

• May 1, 2026, Issuance of RFP Package

• May 15, 2026, Deadline for questions and/or Requests for Clarification

• May 22, 2026, Deadline for Responses to questions and/or Requests for Clarification

• June 3, 2026, Proposal Due Date

• June 8, 2026 through June 12, 2026, Interviews with Respondents

• June 22, 2026, Award of Contract / Notice to Proceed

• August 31, 2026, Completion Date, all Bridging Documents

These dates are a projection, and are subject to change at the Township’s discretion.

SECTION 2 – Scope of Professional Services

General:

The successful respondent will be a New Jersey licensed architectural firm, headquartered, or with substantial presence in New Jersey, specializing in projects typical to this type, size, scope, intended us, and complexity. The Architect will be responsible to prepare the Bridging Documents required, corresponding to a Design-Development package representing 35% to 50% completion, with adequate information provided for Design-Build Teams to utilize for the purposes of pricing the project’s construction costs. The Architect will assign a full-time and experienced project design team. The architect will also be responsible for retaining sub-consultants as may be needed. These should include, but not be limited to, civil engineering, MEP/FP -engineering and structural engineering.

Detailed Scope of Services:

1. Programming and Needs Assessment

a. Conduct interviews with Livingston DPW leadership and other pertinent personnel and stakeholders assigned, to assess specific needs (ie: department operations, type and size of spaces, adjacencies, circulation, common spaces, etc)

b. Understand and document operation workflows

c. Identify and validate fleet inventory, including identifying of future growth

d. Prepare a detailed space plan bases on programmatic criteria

2. Schematic Design

a. Based on programmatic information gathered during the Programming phase, and pursuant to known site constraints and vehicular circulation considerations, Architect will develop 2-3 site layout alternative. Input will be provided by Livingston’s designated representatives, the civil engineer, and other pertinent team members

b. Architect will prepare building massing plans, depicting the Programming information secured during interviews

c. Prepare conceptual floor plans

d. Identify relevant code and regulatory constraints

3. Bridging Documents (Designing Level 35-50% Completion)

a. Architectural

i. Floor Plans, depicting overall building dimensions and footprint, core elements, corridors, vertical circulation, basic finishes, etc.

ii. Elevations, depicting exterior materials, fenestration, etc.

iii. Building Sections, including structural elements

iv. Material and durability standards

b. Structural

i. Basis of design narrative

ii. Structural performance criteria

iii. Preliminary foundation system recommendation

c. MEP /FP

i. HVAC performance criteria, recommendations on systems, equipment, utility entrance and service information, interface with architectural plans to locate best placement for systems and equipment, etc.

ii. Plumbing requirements and criteria, materials standards, water, waste, vent, stormwater, gas supply, etc.

iii. Electrical load calculations, determination of services size, location of service and distribution equipment, emergency power needs assessment and apparatus, low-voltage equipment criteria and location

iv. Fire suppression and alarm system performance criteria. Determination of service entrance location, size, etc.

d. Civil

i. Site Plan

ii. Grading Plan

iii. Storm Water Analysis and Storm Water Design

iv. Utility Plan

v. Site Lighting Plan

e. Specifications (all disciplines)

i. Code compliance matrix

ii. Outline specifications

iii. Performance-based technical requirements

4. Design-Build Procurement Support

a. Assist Township in writing request for proposal to Design Build Firms.

b. Respond to questions and requests for clarification during bidding phase

c. Assist with addenda

d. Review technical proposals with Owner’s representative

e. Participate in proposal scoring and interviews

SECTION 3 – Proposal Submission Requirements

Respondents are required to include the following information in their proposals, which will be utilized for evaluation purposes.

Firm Qualifications

1. Provide overview of firm and sub consultant firms.

2. List the firm’s architects and engineers licensed in State of New Jersey and include copies of licenses.

3. Identify and provide detail for 3 or more examples of Department of Public Works or similar projects completed by the firm in the last 5 years.

4. Discuss experience with preparing bridging documents in a similar procurement process.

Project Team

1. Provide organization chart, with relevant personnel to be assigned.

2. Provide resumes of key personnel, including supervisory and team leaders.

3. Indicate specific roles and responsibilities of key team members.

4. Identify any subconsultants, listing firm name and responsibility, and resumes of those involved with this project.

Technical Approach and Schedule

1. Describe in a narrative format the respondents’ understanding of DPW operations.

2. Describe the respondents’ approach to programming and conceptual design.

3. Discuss in detail the respondents’ methodology for creating bridging documents, and their approach to supporting the Township during the design-build procurement process.

4. Identify timeline for all phases specified in the Scope of Services.

5. Identify any critical path items and potential issues that might impact schedule.

SECTION 4 - Fee Proposal

Fixed Fee

Respondents must utilize the chart on page 13 and furnish a fixed fee for each project phase and discipline.

The respondent shall include a rate sheet for any reimbursable expenses.

SECTION 5 – Qualification Evaluation

The Township will select the most advantageous qualifications based on all of the evaluation factors set forth at the end of this RFP. The Township will make the award(s) that is in the best interest of the Township. Each qualification must satisfy the objectives and requirements detailed in this RFP. The successful proposer shall be determined by an evaluation of the total content of the qualification submitted.

The Township shall not be obligated to explain the results of the evaluation process to any proposer.

EVALUATION FACTORS

1. Relevance and Extent of Qualifications, Experience, Reputation and Training of Personnel to be assigned. (30%)

2. Knowledge of the Township of Livingston and the subject matter to be addressed under this engagement. (15%)

3. Relevance and Extent of Similar Engagements performed. (20%)

4. Technical Qualification contains all required information. (10%)

5. Ability to perform the service in a timely fashion. (10%)

6. Cost competitiveness. It should be noted that cost of services is important to the governing body of the Township of Livingston, but it is not necessarily the most critical factor in evaluating the individual or firm's suitability to provide consultant services for the Township. (15%)

INTERVIEW

The Township reserves the right to interview any or all of the applicants submitting a proposal. Although interviews may take place, the proposal should be comprehensive and complete on its face. The Township reserves the right to request clarifying information subsequent to submission of the proposal.

SELECTION PROCESS

All proposals will be reviewed by the Township. Non-responsive proposals will be rejected without evaluation.

Please provide one (1) original hard copy and (1) electronic, pdf format (cd or usb drive) of the proposal.

DOCUMENT CHECKLIST

Required By

Township

Read, Signed

Submitted

Proposal Submission as per Section 3 Page 9 of Specifications

Signed Proposal Fee Schedule / RFP Form

Statement of Ownership Disclosure (Appendix A)

Non-Collusion Affidavit (Appendix B)

Affirmative Action Compliance Notice (Appendix C)

Disclosure of Investment Activities in Iran (Appendix F) (not required to be submitted with bid, but will be required prior to contract award)

Certification of Non Involvement in Prohibited Activities in Russia or Belarus (Appendix G)

Business Registration Certificate

(not required to be submitted with bid, but will be required prior to contract award)

Required By

Township

Read Only

Exhibit A Mandatory Affirmative Action Language

(Appendix D)

Americans with Disabilities Act of 1990 (Appendix E)

PROPOSED FEE SCHEDULE / RFP FORM

The undersigned declares that he/she/they have carefully examined the Instructions to Bidders, Form of Proposal, Plans and Specifications and Form of Contract; and the site of the work and that he/she/they will provide all the necessary labor, tools and equipment, and all else necessary therefore and incidental thereto for the items of proposal, complete and in place, for the prices hereinafter quoted. All prices shall be LUMPSUM, and include direct and indirect pricing, including, but not limited to, all necessary equipment, materials, labor permit fees and travel expenses to conduct each requirement under this contract. All sums shall remain fixed for the term of the contract. The Township of Livingston is exempt from paying sales tax.

Fixed Fee

Respondents must utilize the following chart and furnish a fixed fee for each project phase and discipline

Project Phase

Architecture

Civil

Engineering

MEP-

Structural

Total Fee Programming, Needs Assessment

Schematic Design

Bridging Documents

Design-Build Procurement Support

TOTAL

The respondent shall include a rate sheet for any reimbursable expenses.

In submitting this bid (offer) as herein described, the bidder (offerer) agrees that (i) he/she or they have carefully examined the specifications, and all provisions relating to the items to be furnished attached herewith and made a part of this proposal, and understand(s) the meaning, intent and requirements of and agree to the same; (ii) he/she or they agree(s) that is his/her or their bid is accepted, he/she or they will enter into a written contract and furnish the items(s) and complete the work in the time specified, and in strict conformance with the Township of Livingston specifications therefore, for the prices bid.

Company Name Federal I.D. # or Social Security #

Address

Signature of Authorized Agent Type or Print Name Title

Telephone No.: Fax:

Date: Email Address

APPENDIX A

STATEMENT OF OWNERSHIP DISCLOSURE

N.J.S.A. 52:25-24.2 (P.L. 1977, c.33, as amended by P.L. 2016, c.43)

This statement shall be completed, certified to, and included with all bid and proposal submissions. Failure to submit the required information is cause for automatic rejection of the bid or proposal.

Name of Organization:________________________________________________________________

Organization Address:________________________________________________________________

Part I Check the box that represents the type of business organization:

Sole Proprietorship (skip Parts II and III, execute certification in Part IV) Non-Profit Corporation (skip Parts II and III, execute certification in Part IV) For-Profit Corporation (any type) Limited Liability Company (LLC) Partnership Limited Partnership Limited Liability Partnership (LLP) Other (be specific): ______________________________________________

Part II

The list below contains the names and addresses of all stockholders in the corporation who own 10 percent or more of its stock, of any class, or of all individual partners in the partnership who own a 10 percent or greater interest therein, or of all members in the limited liability company who own a 10 percent or greater interest therein, as the case may be. (COMPLETE THE LIST BELOW IN THIS SECTION)

OR

No one stockholder in the corporation owns 10 percent or more of its stock, of any class, or no individual partner in the partnership owns a 10 percent or greater interest therein, or no member in the limited liability company owns a 10 percent or greater interest therein, as the case may be. (SKIP TO PART IV)

(Please attach additional sheets if more space is needed):

Name of Individual or Business Entity Address

Part III DISCLOSURE OF 10% OR GREATER OWNERSHIP IN THE STOCKHOLDERS, PARTNERS OR LLC

MEMBERS LISTED IN PART II

If a bidder has a direct or indirect parent entity which is publicly traded, and any person holds a 10 percent or greater beneficial interest in the publicly traded parent entity as of the last annual federal Security and Exchange Commission (SEC) or foreign equivalent filing, ownership disclosure can be met by providing links to the website(s) containing the last annual filing(s) with the federal Securities and Exchange Commission (or foreign equivalent) that contain the name and address of each person holding a 10% or greater beneficial interest in the publicly traded parent entity, along with the relevant page numbers of the filing(s) that contain the information on each such person. Attach additional sheets if more space is needed.

Website (URL) containing the last annual SEC (or foreign equivalent) filing Page #’s

Please list the names and addresses of each stockholder, partner or member owning a 10 percent or greater interest in any corresponding corporation, partnership and/or limited liability company (LLC) listed in Part II other than for any publicly traded parent entities referenced above. The disclosure shall be continued until names and addresses of every noncorporate stockholder, and individual partner, and member exceeding the 10 percent ownership criteria established pursuant to N.J.S.A. 52:25-24.2 has been listed. Attach additional sheets if more space is needed.

Stockholder/Partner/Member and Corresponding Entity Listed in Part II

Address

Part IV Certification I, being duly sworn upon my oath, hereby represent that the foregoing information and any attachments thereto to the best of my knowledge are true and complete. I acknowledge: that I am authorized to execute this certification on behalf of the bidder/proposer; that the Township of Livingston is relying on the information contained herein and that I am under a continuing obligation from the date of this certification through the completion of any contracts with Township of Livingston to notify the Township of Livingston in writing of any changes to the information contained herein; that I am aware that it is a criminal offense to make a false statement or misrepresentation in this certification, and if I do so, I am subject to criminal prosecution under the law and that it will constitute a material breach of my agreement(s) with the, permitting the Township of Livingston to declare any contract(s) resulting from this certification void and unenforceable.

Full Name (Print): Title:

Signature: Date:

APPENDIX B

NON-COLLUSION AFFIDAVIT

STATE OF NEW JERSEY }

COUNTY OF } S.S.

I, , of the City of in the State (Commonwealth) of , being of full age and duly sworn according to law, on my oath depose and say that:

I am employed by the firm of , the bidder submitting the Bid Proposal for the above named project, in the capacity of [title], and I have executed the Bid Proposal with full authority to do so. Further, the bidder has not, directly or indirectly, entered into any agreement, participated in any collusion, or other wise take any action in restraint of free, competitive bidding in connection with the above named project. All statements contained in said Bid Proposal and in this affidavit are true and correct and made with full knowledge that the State of New Jersey and the Township of Livingston rely upon the truth of the statements contained in this affidavit and in said bid Proposal in awarding the contract for the said project.

I further warrant that no person or selling agency has been employed or retained to solicit or secure such contract upon an agreement or understanding for a commission, percentage brokerage or contingent fee, except bona fide employees or bona fide established commercial or selling agencies maintained by [name of bidder] .

Name of Firm or Individual Title

Signature Date

APPENDIX C

AFFIRMATIVE ACTION COMPLIANCE NOTICE

N.J.S.A. 10:5-31 and N.J.A.C. 17:27

GOODS AND SERVICES CONTRACTS

(INCLUDING PROFESSIONAL SERVICES)

This form is a summary of the successful bidder’s requirement to comply with the requirements of N.J.S.A. 10:5-31 and N.J.A.C. 17:27.

The successful bidder shall submit to the public agency, after notification of award but prior to execution of this contract, one of the following three documents as forms of evidence:

(a) A photocopy of a valid letter that the contractor is operating under an existing Federally approved or sanctioned affirmative action program (good for one year from the date of the letter);

(b) A photocopy of a Certificate of Employee Information Report approval, issued in accordance with N.J.A.C. 17:27-4;

(c) A photocopy of an Employee Information Report (Form AA302) provided by the Division and distributed to the public agency to be completed by the contractor in accordance with N.J.A.C. 17:27-4.

The successful vendor may obtain the Affirmative Action Employee Information Report (AA302) from the contracting unit during normal business hours.

The successful vendor(s) must submit the copies of the AA302 Report to the Division of Contract Compliance and Equal Employment Opportunity in Public Contracts (Division). The Public Agency copy is submitted to the public agency, and the vendor copy is retained by the vendor.

The undersigned vendor certifies that he/she is aware of the commitment to comply with the requirements of N.J.S.A.

10:5-31 and N.J.A.C. 17:27 and agrees to furnish the required forms of evidence.

The undersigned vendor further understands that his/her bid shall be rejected as non-responsive if said contractor fails to comply with the requirements of N.J.S.A. 10:5-31 and N.J.A.C. 17:27.

COMPANY:

SIGNATURE:

PRINT NAME:

TITLE:

DATE:

APPENDIX D (READ ONLY)

EXHIBIT A

MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE

N.J.S.A. 10:5-31 et seq. (P.L. 1975, C. 127) N.J.A.C. 17:27

GOODS, PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS

During the performance of this contract, the contractor agrees as follows:

The contractor or subcontractor, where applicable, will not discriminate against any employee or applicant for employment because of age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Except with respect to affectional or sexual orientation and gender identity or expression, the contractor will ensure that equal employment opportunity is afforded to such applicants in recruitment and employment, and that employees are treated during employment, without regard to their age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Such equal employment opportunity shall include, but not be limited to the following: employment, upgrading, demotion, or transfer;

recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Public Agency Compliance Officer setting forth provisions of this nondiscrimination clause.

The contractor or subcontractor, where applicable will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex.

The contractor or subcontractor will send to each labor union, with which it has a collective bargaining agreement, a notice, to be provided by the agency contracting officer, advising the labor union of the contractor's commitments under this chapter and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

The contractor or subcontractor, where applicable, agrees to comply with any regulations promulgated by the Treasurer pursuant to N.J.S.A. 10:5-31 et seq., as amended and supplemented from time to time and the Americans with Disabilities Act.

The contractor or subcontractor agrees to make good faith efforts to meet targeted county employment goals established in accordance with N.J.A.C. l7:27-5.2.

The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies including, but not limited to, employment agencies, placement bureaus, colleges, universities, and labor unions, that it does not discriminate on the basis of age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex, and that it will discontinue the use of any recruitment agency which engages in direct or indirect discriminatory practices.

The contractor or subcontractor agrees to revise any of its testing procedures, if necessary, to assure that all personnel testing conforms with the principles of job‑related testing, as established by the statutes and court decisions of the State of New Jersey and as established by applicable Federal law and applicable Federal court decisions.

In conforming with the targeted employment goals, the contractor or subcontractor agrees to review all procedures relating to transfer, upgrading, downgrading and layoff to ensure that all such actions are taken without regard to age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex, consistent with the statutes and court decisions of the State of New Jersey, and applicable Federal law and applicable Federal court decisions.

The contractor shall submit to the public agency, after notification of award but prior to execution of a goods and services contract, one of the following three documents:

Letter of Federal Affirmative Action Plan Approval

Certificate of Employee Information Report

Employee Information Report Form AA302 (electronically provided by the Division and distributed to the public agency through the Division’s website at ww.state.nj.us/treasury/contract_compliance).

The contractor and its subcontractors shall furnish such reports or other documents to the Division of Purchase & Property, CCAU, EEO Monitoring Program as may be requested by the office from time to time in order to carry out the purposes of these regulations, and public agencies shall furnish such information as may be requested by the Division of Purchase & Property, CCAU, EEO Monitoring Program for conducting a compliance investigation pursuant to Subchapter 10 of the Administrative Code at N.J.A.C. 17:27.

APPENDIX E (READ ONLY)

AMERICANS WITH DISABILITIES ACT OF 1990

Equal Opportunity for Individuals with Disability

The contractor and the Township of Livingston, (hereafter “Owner”) do hereby agree that the provisions of Title 11 of the Americans With Disabilities Act of 1990 (the "Act") (42 U.S.C. S121 01 et seq.), which prohibits discrimination on the basis of disability by public entities in all services, programs, and activities provided or made available by public entities, and the rules and regulations promulgated pursuant there unto, are made a part of this contract. In providing any aid, benefit, or service on behalf of the Owner pursuant to this contract, the contractor agrees that the performance shall be in strict compliance with the Act. In the event that the contractor, its agents, servants, employees, or subcontractors violate or are alleged to have violated the Act during the performance of this contract, the contractor shall defend the Owner in any action or administrative proceeding commenced pursuant to this Act. The contractor shall indemnify, protect, and save harmless the Owner, its agents, servants, and employees from and against any and all suits, claims, losses, demands, or damages, of whatever kind or nature arising out of or claimed to arise out of the alleged violation. The contractor shall, at its own expense, appear, defend, and pay any and all charges for legal services and any and all costs and other expenses arising from such action or administrative proceeding or incurred in connection therewith. In any and all complaints brought pursuant to the Owner’s grievance procedure, the contractor agrees to abide by any decision of the Owner which is rendered pursuant to said grievance procedure. If any action or administrative proceeding results in an award of damages against the Owner, or if the Owner incurs any expense to cure a violation of the ADA which has been brought pursuant to its grievance procedure, the contractor shall satisfy and discharge the same at its own expense.

The Owner shall, as soon as practicable after a claim has been made against it, give written notice thereof to the contractor along with full and complete particulars of the claim, If any action or administrative proceeding is brought against the Owner or any of its agents, servants, and employees, the Owner shall expeditiously forward or have forwarded to the contractor every demand, complaint, notice, summons, pleading, or other process received by the Owner or its representatives.

It is expressly agreed and understood that any approval by the Owner of the services provided by the contractor pursuant to this contract will not relieve the contractor of the obligation to comply with the Act and to defend, indemnify, protect, and save harmless the Owner pursuant to this paragraph.

It is further agreed and understood that the Owner assumes no obligation to indemnify or save harmless the contractor, its agents, servants, employees and subcontractors for any claim which may arise out of their performance of this Agreement. Furthermore, the contractor expressly understands and agrees that the provisions of this indemnification clause shall in no way limit the contractor’s obligations assumed in this Agreement, nor shall they be construed to relieve the contractor from any liability, nor preclude the Owner from taking any other actions available to it under any other provisions of the Agreement or otherwise at law.

APPENDIX F

Disclosure of Investment Activities in Iran

Part 1: Certification

BIDDERS ARE TO COMPLETE PART 1 BY CHECKING EITHER BOX.

Pursuant to Public Law 2012, c. 25, any person or entity that submits a bid or proposal or otherwise proposes to enter into or renew a contract must complete the certification below to attest, under penalty of perjury, that neither the person or entity, nor any of its parents, subsidiaries, or affiliates, is identified on the Department of Treasury's Chapter 25 list as a person or entity engaging in investment activities in Iran. The Chapter 25 list is found on the Division's website at www.state.nj.us/treasury/purchase/pdf/Chapter25List.pdf. Bidders must review this list prior to completing the below certification.

Failure to complete the certification may render a bidder's proposal non- responsive. If the Director finds a person or entity to be in violation of law, s/he shall take action as may be appropriate and provided by law, rule or contract, including but not limited to, imposing sanctions, seeking compliance, recovering damages, declaring the party in default and seeking debarment or suspension of the party

CHECK THE APPROPRIATE BOX:

I certify, pursuant to Public Law 2012, c. 25, that neither the bidder listed above nor any of the bidder's parents, subsidiaries, or affiliates is listed on the N.J. Department of the Treasury’s list of entities determined to be engaged in prohibited activities in Iran pursuant to P.L. 2012, c. 25 ("Chapter 25 List"). I further certify that I am the person listed above, or I am an officer or representative of the entity listed above and am authorized to make this certification on its behalf. I will skip Part 2 and sign and complete the Certification below.

OR

I am unable to certify as above because the bidder and/or one or more of its parents, subsidiaries, or affiliates is listed on the Department's Chapter 25 list. I will provide a detailed, accurate and precise description of the activities in Part 2 below sign and complete the Certification below. Failure to provide such will result in the proposal being rendered as nonresponsive and appropriate penalties, fines and/or sanctions will be assessed as provided by law.

Part 2 – Additional Information

PLEASE PROVIDE FURTHER INFORMATION RELATED TO INVESTMENT ACTIVITIES IN IRAN. You must provide a detailed, accurate and precise description of the activities of the bidding person/entity, or one of its parents, subsidiaries or affiliates, engaging in the investment activates in Iran on additional sheets provided by you.

Part 3: Certification I, being duly sworn upon my oath, hereby represent and state that the foregoing information and any attachments there to the best of my knowledge are true and complete. I attest that I am authorized to execute this certification on behalf of the above-referenced person or entity. I acknowledge that the Township of Livingston is relying on the information contained herein and thereby acknowledge that I am under a continuing obligation from the date of this certification through the completion of any contracts with the Township of Livingston to notify the Township of Livingston in writing of any changes to the answers of information contained herein. I acknowledge that I am aware that it is a criminal offense to make a false statement or misrepresentation in this certification, and if I do so, I recognize that I am subject to criminal prosecution under the law and that it will also constitute a material breach of my agreement(s) with the Township of Livingston and that the Township of Livingston at its option may declare any contract(s) resulting from this certification void and unenforceable.

Full Name (Print): Title:

Signature: Date:

Bidder Name:

http://www.state.nj.us/treasury/purchase/pdf/Chapter25List.pdf

Appendix G- CERTIFICATION OF NON‐INVOLVEMENT IN PROHIBITED ACTIVITIES

IN RUSSIA OR BELARUS

Pursuant to N.J.S.A. 52:32-60.1, et seq. and N.J.S.A.40A:11-2.2 (L. 2022, c. 3) any person or entity (hereinafter “Vendor”) that seeks to enter into or renew a contract with a local contracting unit subject to the Local Public Contracts Law for the provision of goods or services, or the purchase of bonds or other obligations, must complete the certification below indicating whether or not the Vendor is identified on the Office of Foreign Assets Control (OFAC) Specially Designated Nationals and Blocked Persons list, available here: https://sanctionssearch.ofac.treas.gov/. If the Department of the Treasury finds that a Vendor has made a certification in violation of the law, it shall take any action as may be appropriate and provided by law, rule or contract, including but not limited to, imposing sanctions, seeking compliance, recovering damages, declaring the party in default and seeking debarment or suspension of the party.

I, the undersigned, certify that I have read the definition of “Vendor” below, and have reviewed the Office of Foreign Assets Control (OFAC) Specially Designated Nationals and Blocked Persons list, and having done so certify

(Check the Appropriate Box)

A.

That the Vendor is not identified on the OFAC Specially Designated Nationals and Blocked Persons list on account of activity related to Russia and/or Belarus.

B.

That I am unable to certify as to “A” above, because the Vendor is identified on the OFAC Specially Designated Nationals and Blocked Persons list on account of activity related to Russia and/or Belarus.

C. That I am unable to certify as to “A” above, because the Vendor is identified on the OFAC Specially Designated Nationals and

Blocked Persons list. However, the Vendor is engaged in activity related to Russia and/or Belarus consistent with federal law, regulation, license or exemption. A detailed description of how the Vendor’s activity related to Russia and/or Belarus is consistent with federal law is set forth below.

(Attach Additional Sheets If Necessary.)

Signature of Vendor’s Authorized Representative Date

Print Name and Title of Vendor’s Authorized Representative Vendor’s FEIN

Vendor’s Name Vendor’s Phone Number

Vendor’s Address (Street Address) Vendor’s Fax Number

Vendor’s Address (City/State/Zip Code) Vendor’s Email Address i Vendor means: (1) A natural person, corporation, company, limited partnership, limited liability partnership, limited liability company, business association, sole proprietorship, joint venture, partnership, society, trust, or any other nongovernmental entity, organization, or group; (2) Any governmental entity or instrumentality of a government, including a multilateral development institution, as defined in Section 1701(c)(3) of the International Financial Institutions Act, 22 U.S.C. 262r(c)(3); or (3) Any parent, successor, subunit, direct or indirect subsidiary, or any entity under common ownership or control with, any entity described in paragraph (1) or (2).

https://sanctionssearch.ofac.treas.gov/ https://sanctionssearch.ofac.treas.gov/ https://sanctionssearch.ofac.treas.gov/ https://sanctionssearch.ofac.treas.gov/ https://sanctionssearch.ofac.treas.gov/ https://sanctionssearch.ofac.treas.gov/ https://sanctionssearch.ofac.treas.gov/ https://sanctionssearch.ofac.treas.gov/