HACL RFP 26-03 - Architectural and Engineering Services.pdf

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Attached to
Tom Olivieri Park Improvements
Solicitation number
26-04
Issued by
Camden County, New Jersey

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HACL RFP 26-03 - Architectural and Engineering Services

This Request for Proposals (RFP) is issued by the Housing Authority of the City of Linden (HACL) for comprehensive professional architectural and engineering services on an indefinite-quantity, on-call basis for one year. The solicitation seeks qualified A/E firms licensed in New Jersey to provide a broad range of services including facility assessments, preliminary and final design development, construction documents, cost estimation, permitting assistance, construction administration, and specialized services such as fire protection engineering, accessibility consulting, structural engineering, civil engineering, mechanical and electrical engineering, landscape architecture, and surveying. Projects may encompass public housing developments, affordable housing, residential and commercial facilities, administrative facilities, community spaces, and site improvements at Authority-owned or controlled properties. Individual projects and assignments are not known at time of solicitation, and the Authority reserves the right to establish a pool or list of qualified firms and award contracts to one or more firms. Proposals must be submitted electronically through the Housing Agency Marketplace eProcurement portal by September 22, 2026 at 10:30 a.m., with questions due by September 8, 2026 at 2:30 p.m. No site visit is required. The successful respondent must execute the contract within seven days of receiving notice of award. No proposals may be withdrawn within 60 days after the submission deadline.

Respondents must provide detailed hourly rate schedules for all staff categories and not-to-exceed fees for each project broken down by design phase, bidding phase, construction oversight phase, and reimbursable expenses. Pricing is evaluated as one of five criteria (20 percent weighting), with other weighted factors including qualifications and experience (20 percent), experience with New Jersey public housing authorities and affordable housing corporations (30 percent), knowledge of New Jersey Local Public Contracts Law and federal procurement regulations (20 percent), and capability to provide full scope of services (10 percent). Award will be made to the respondent submitting the most advantageous proposal, cost and other factors considered. The contract is subject to New Jersey fair and open procurement requirements (N.J.S.A. 19:44A-20.4 et seq.) and applicable HUD requirements when federal funding is utilized. Respondents must demonstrate at least five years' experience, provide three housing authority references, and meet mandatory insurance requirements including worker's compensation, automobile liability ($1 million combined single limit), comprehensive general liability ($1 million per occurrence or $2 million aggregate), and professional liability ($1 million per occurrence with deductible not to exceed 10 percent). Respondents must also be non-debarred, non-collusive, compliant with affirmative action requirements, and approvable by HUD.

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HOUSING AUTHORITY OF THE

CITY OF LINDEN

REQUEST FOR PROPOSALS

PROFESSIONAL ARCHITECTURAL AND

ENGINEERING SERVICES

Under a Fair and Open Process in Accordance with N.J.S.A. 19:44A-20.4 et seq.

PROPOSALS MUST BE SUBMITTED BY

September 22, 2026 at 10:30 a.m.

To:

Dr. Marlena Berghammer

Executive Director

Housing Authority of the City of Linden

1601 Dill Avenue

Linden, New Jersey 07036

Advertisement

The Housing Authority of the City of Linden (“Housing Authority”) is requesting proposals for

Professional Architectural and Engineering Services.

Agency Contact Person: Dr. Marlena Berghammer, Executive Director

Email: mberghammer@lindenha.org

Site Visit: N/A

Questions Deadline: September 8, 2026, at 2:30 p.m.

Bid Submission Deadline: September 22, 2026, at 10:30 a.m.

The Request for Proposals (“RFP”) documents can be obtained on the eProcurement- Housing

Agency Marketplace:

1. Please access the portal at ha.internationaleprocurement.com (no” www”).

2. Click on the “Login” button located in the upper left side corner.

3. Follow the on-screen directions.

4. If you experience any issues accessing or registering on the eProcurement Marketplace, please contact Customer Support at (866-526-9266).

No hard copies should be delivered or mailed to the Linden Housing Authority.

How to submit a complete proposal in response to this RFP. The proposed fees must be submitted by the proposer through the eProcurement Marketplace only. All pricing must be entered in the designated fields within the Marketplace. Any proposer who fails to submit pricing as directed may, at the Agency’s discretion, be rejected without further consideration. Additionally, there is no charge by the Marketplace for entering costs online.

Respondents are responsible for ensuring that their proposals are uploaded to the Housing Agency eProcurement Marketplace by the deadline specified above. Proposals received after the deadline for any reason shall not be considered.

All responses submitted are subject to these instructions and to the Instructions to Offerors, Non-

Construction form HUD-5369-B. The failure to abide by these instructions in any way, including but not limited to the failure to submit all required documentation, may lead to the proposal being rejected as non-responsive.

The Housing Authority reserves the right to reject any and all proposals and/or to waive any informality in the responses. No proposals may be withdrawn within sixty (60) days after the submission deadline.

In accordance with the criteria included in the RFP, the contract(s) shall be awarded to the respondent(s) who submit the proposal(s) most advantageous to the Housing Authority, cost and other factors considered. The successful respondent will be required to execute the Housing

Authority’s contract within seven (7) days of receiving the notice of award.

This RFP is being issued pursuant to a fair and open process in accordance with N.J.S.A. 19:44A-

20.4 et seq.

mailto:gbelcher@lindenha.org

Housing Authority of the City of Linden

Request for Proposals – Professional Architectural and Engineering Services i

TABLE OF CONTENTS

Proposal Instructions

1. Purpose

2. Terms and Conditions

3. Scope of Services

4. Qualifications

5. Proposal Requirements

6. Submission Requirements

7. Evaluation Criteria

8. Post-Award Items

9. Americans with Disabilities Act Language

10. Mandatory Affirmative Action Language

Proposal Documents

1. Proposal Checklist

2. Acknowledgment of Addenda

3. Listing of Subcontractors

4. Certification Regarding Non-Debarment

5. Non-Collusion Affidavit

6. Statement of Ownership

7. Affirmative Action Compliance Notice

8. HUD-5369-B

9. HUD-5369-C

10. Disclosure of Investment Activities in Iran

Contract Documents

1. Form of Contract

1. PURPOSE

The Housing Authority of the City of Linden (HACL) is soliciting proposals from qualified architectural and engineering (A/E) firms to provide comprehensive architectural and engineering services on an indefinite-quantity, on-call basis for a period of one (1) year.

It is the Authority’s intention to utilize this contract to procure a broad range of architectural and engineering services for projects that may include, but are not limited to, new construction, rehabilitation, modernization, renovations, alterations, capital improvements, facility improvements, site improvements, building and system assessments, and other architectural and engineering needs identified by the Authority during the contract term.

Projects may involve public housing developments, affordable housing, residential and commercial facilities, administrative and operational facilities, community spaces, grounds and site improvements, and other Authority-owned or controlled properties.

Individual projects and assignments are not known at the time of solicitation. Project budgets may vary substantially depending upon the nature, complexity, and scope of the individual project.

The Authority reserves the right to establish a pool or list of qualified A/E firms and may award contracts to one or more firms under this solicitation. Selection of a firm for the on-call contract does not guarantee the issuance of any Task Order or a minimum amount of work.

The firm or firms awarded a contract shall be prohibited from participating in other Authority solicitations for related architectural or engineering work during the term of the contract when the

Authority determines that such participation would result in an actual, potential, or organizational conflict of interest.

All services shall be performed in accordance with applicable federal, state, and local laws, regulations, codes, standards, and Authority requirements, including applicable U.S. Department of

Housing and Urban Development (HUD) requirements when federal funding is utilized.

2. TERMS AND CONDITIONS

Any requests for clarification as to the meaning of any provision of this Request for Proposals shall be submitted electronically through the Housing Agency Marketplace eProcurement website no later than September 22, 2026, at 10:30 a.m. If the Housing Authority determines that a clarification or revision is necessary, an addendum will be issued through the eProcurement

Marketplace. Failure of any bidder to receive or acknowledge an Addendum shall not relieve the bidder of its obligation to comply with the requirements of the RFP.

All proposals shall remain valid for a period of sixty (60) calendar days after the date specified for receipt of proposals. All costs of the proposal process, interviews, and related expenses, are solely the responsibility of the respondent.

The HACL reserves the right to reject any or all proposals, to waive informalities and minor irregularities, and/or modify or cancel this Request for Proposals. Proposals which appear unrealistic in terms of management commitments or are indicative of failure to comprehend the complexity of this RFP and subsequent contracts may be rejected.

Respondents are requested and advised to be as complete as possible in their response. The

Housing Authority reserves the right to 1) contact any respondent to clarify their proposal; 2) contact any past/current clients of the respondent; 3) solicit information from any available source concerning any aspect of the proposal; and 4) seek and review any other information deemed pertinent to the evaluation process.

3. SCOPE OF SERVICES

The selected firm or firms shall possess demonstrated experience providing architectural and engineering services for public housing, affordable housing, residential, commercial, institutional, and/or other comparable facilities and development projects.

The firm(s) shall be appropriately licensed to perform the services required under each Task Order in the State of New Jersey and shall provide qualified professional personnel and, when necessary, qualified subconsultants to complete the required services.

The Authority anticipates that A/E services may include, but are not limited to, the following:

1. Evaluating existing physical conditions of buildings, structures, systems, sites, and facilities;

2. Conducting facility assessments, physical needs assessments, feasibility studies, site evaluations, building condition assessments, system evaluations, and other investigations necessary to determine project requirements;

3. Providing architectural and engineering services for the planning, design, renovation, rehabilitation, modernization, alteration, expansion, and/or new construction of facilities and improvements;

4. Preparing preliminary designs, conceptual plans, schematic designs, design development documents, construction documents, and other design-related materials;

5. Preparing construction drawings, plans, specifications, schedules, details, and related technical documents;

6. Preparing preliminary and final construction cost estimates and assisting the Authority with project budgeting;

7. Assisting the Authority in evaluating project alternatives, establishing project priorities, and developing recommendations for proposed improvements;

8. Assisting with permitting, regulatory approvals, code compliance, zoning requirements, and coordination with governmental authorities having jurisdiction;

9. Assisting the Authority with the preparation and issuance of Invitations for Bids, Requests for Proposals, or other construction procurement documents;

10. Assisting the Authority in responding to contractor questions, reviewing requests for information, and providing technical clarification during the procurement process;

11. Assisting the Authority in the evaluation and selection of contractors and other project-related service providers;

12. Reviewing shop drawings, product data, samples, catalog cuts, requests for information, change proposals, and other construction-related submissions and providing recommendations to the Authority;

13. Providing construction administration, project management, construction observation, inspection, and project oversight services;

14. Conducting site visits and inspections during construction and documenting project progress and existing conditions;

15. Reviewing contractor payment applications, change orders, schedules, and other project documentation and providing recommendations to the Authority;

16. Preparing punch lists, conducting substantial and final completion inspections, and assisting with project closeout;

17. Providing warranty inspection and post-construction services;

18. Preparing reports, studies, assessments, surveys, drawings, specifications, and other technical documentation required by the Authority;

19. Providing accessibility assessments and recommendations for compliance with applicable accessibility requirements;

20. Providing energy efficiency, sustainability, building systems, and related technical assessments and recommendations;

21. Providing mechanical, electrical, plumbing, fire protection, fire alarm, life safety, and building systems evaluations, designs, upgrades, replacements, modifications, and related engineering services;

22. Providing fire protection and life safety system services, including evaluation, assessment, design, engineering, specification, inspection, testing, construction administration, and related professional services for fire alarm, fire detection, fire suppression, emergency notification, and other life safety systems;

23. Providing services related to fire alarm system replacements, upgrades, modifications, expansions, code compliance improvements, system integration, and coordination with existing building systems;

24. Providing coordination with applicable Authorities Having Jurisdiction (AHJs), fire officials, code officials, utility providers, and other governmental or regulatory agencies as required for individual projects;

25. Providing structural evaluations, designs, repairs, rehabilitation, and related engineering services;

26. Providing civil engineering services, including site planning, grading, drainage, stormwater management, utility design, paving, parking, sidewalks, curbs, site improvements, and related infrastructure;

27. Providing landscape architecture services, including site planning, landscape design, planting plans, hardscape, accessibility improvements, stormwater-related landscape improvements, and related site services;

28. Providing mechanical engineering services, including HVAC systems, heating and cooling systems, ventilation, building controls, energy improvements, equipment replacement, and related mechanical systems;

29. Providing electrical engineering services, including electrical distribution, lighting, emergency power, generators, electrical equipment, building systems, communications infrastructure, and related electrical improvements;

30. Providing plumbing engineering services, including domestic water, sanitary systems, storm drainage, plumbing equipment, fixture replacement, and related plumbing improvements;

31. Providing surveying, mapping, utility locating, and other site-related professional services as required for individual projects;

32. Providing environmental, energy, sustainability, and building performance assessments and related professional services;

33. Providing emergency or expedited architectural and engineering services when requested by the Authority;

34. Providing professional opinions, recommendations, feasibility analyses, value engineering, constructability reviews, and other technical services within the firm’s area of expertise; and

35. Providing any other architectural, engineering, design, inspection, assessment, testing, construction administration, or related professional services reasonably necessary to accomplish an Authority project or assignment.

The foregoing list is intended to describe the general nature of services that may be required and is not intended to be exhaustive. The Authority may request additional professional services within the awarded firm’s area of expertise as necessary to meet the Authority’s needs.

DESCRIPTION OF A/E SERVICES REQUIRED

The Authority anticipates utilizing this contract to procure architectural and engineering services for various undefined projects and assignments throughout the contract term. Services may be required at any Authority-owned, managed, operated, or otherwise designated property or facility.

Projects may include, but are not limited to:

• Public housing developments;

• Affordable and multifamily housing;

• Single-family residential properties;

• Administrative and office facilities;

• Community and resident facilities;

• Commercial or mixed-use facilities;

• Maintenance and operational facilities;

• Building and facility systems;

• Fire alarm, fire protection, and life safety systems;

• Mechanical, electrical, plumbing, and HVAC systems;

• Common areas and site improvements;

• Grounds, parking, sidewalks, and other site improvements;

• Building rehabilitation and modernization;

• New construction and development;

• Accessibility improvements;

• Energy efficiency and sustainability improvements; and

• Other properties, facilities, systems, or locations identified by the Authority.

The selected A/E firm(s) shall be available on an "on-call" basis throughout the contract term. The award of an on-call contract does not constitute a commitment by the Authority to issue a Task

Order to any particular firm or to expend any minimum amount of funds.

The Authority may establish a list or pool of qualified A/E firms through this solicitation.

Individual Task Orders may be issued based upon the nature and complexity of the project, the firm’s qualifications and experience, specialized expertise, availability, capacity, past performance, conflicts of interest, and/or price, as determined appropriate by the Authority and consistent with applicable procurement requirements.

Anticipated Professional Disciplines

The Authority anticipates that Task Orders may require one or more of the following professional disciplines:

• Architecture;

• Landscape Architecture;

• Civil Engineering;

• Structural Engineering;

• Mechanical Engineering;

• Electrical Engineering;

• Plumbing Engineering;

• Fire Protection Engineering;

• Fire Alarm and Life Safety Systems;

• Environmental and/or Sustainability Services;

• Building Systems and Energy Services;

• Accessibility Consulting;

• Surveying and Related Site Services; and

• Other architectural or engineering disciplines reasonably necessary to complete an

Authority project.

Services may encompass residential, commercial, institutional, public housing, affordable housing, administrative, community, and other Authority facilities and properties.

For each Task Order, the selected A/E firm shall perform the professional services identified in the

Task Order and, where applicable, in accordance with HUD Form 51915, "Model Form of

Agreement Between Owner and Design Professional," and any other applicable federal, state, local, or Authority requirements.

PROCEDURE FOR ISSUING TASK ORDERS

The Authority may issue Task Orders to one or more qualified A/E firms selected under this solicitation throughout the contract term.

Each Task Order will identify, to the extent applicable, the project, location, general scope of work, required professional disciplines, anticipated deliverables, schedule, funding source, and other project-specific requirements.

The Authority may request a written technical and price proposal from the selected A/E firm for the

Task Order. The Authority may also request proposals from multiple qualified firms when the

Authority determines that competition among the qualified firms is appropriate.

Unless otherwise specified by the Authority, the A/E firm shall submit its Task Order proposal within five (5) business days or within the timeframe specified by the Authority.

Each Task Order proposal shall include, as applicable:

• A description and understanding of the proposed services;

• Proposed approach and methodology;

• Scope of work and deliverables;

• Project schedule and anticipated completion date;

• Identification of the professional personnel assigned to the project;

• Identification of proposed subconsultants;

• Estimated hours by employee, professional discipline, and/or project phase;

• Applicable hourly rates established under the contract;

• Proposed fee for each phase or component of work;

• Total proposed Task Order cost; and

• Any other information requested by the Authority.

Unless otherwise authorized in writing by the Authority, Task Order pricing shall be calculated based upon the established hourly rates and the anticipated number of hours for each employee, professional, or subconsultant assigned to the project.

No reimbursable expenses shall be permitted unless specifically identified in the Task Order proposal and approved in writing by the Authority prior to the expense being incurred.

The Authority will review each Task Order proposal and may request clarification, revisions, or additional information. The Authority may negotiate the scope, schedule, level of effort, and price with the selected A/E firm as permitted by applicable procurement requirements.

Once the Authority and A/E firm have reached agreement regarding the scope of services, period of performance, deliverables, and compensation, the Authority will issue a written Task Order and/or

Notice to Proceed authorizing the firm to commence the work.

The A/E firm shall not commence work on a Task Order until the required written authorization has been issued by the Authority.

Each Task Order shall be subject to the availability of funding and any applicable federal, state, local, HUD, or Authority requirements governing the use of such funds.

The Authority reserves the right to issue multiple Task Orders during the contract term, subject to available funding, and applicable procurement requirements.

4. QUALIFICATIONS

In addition to the ability to perform all of the above, all respondents shall meet the following minimum requirements:

A. Must be licensed to provide professional architectural and engineering services in the State of New Jersey.

B. Has the capability to provide the full scope of services described herein.

C. Has a broad and practical knowledge of the New Jersey Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq) and Federal procurement regulations (2 C.F.R. Part 200).

D. Has experience in providing professional architectural and engineering services to public housing authorities and/or non-profit affordable housing corporations in the State of New

Jersey.

E. Has never, at any time, been suspended, debarred, declared ineligible, or voluntarily excluded by the Department of Housing and Urban Development, the Department of

Justice, the General Services Administration, the Internal Revenue Service, or any other federal agency or the Federal Government, and/or the New Jersey Department of Labor or any other state agency or the State of New Jersey.

F. Is approvable by the United States Department of Housing and Urban Development.

Failure to meet any of the foregoing qualifications is considered a material defect and shall result in the disqualification of the Respondent.

5. PROPOSAL REQUIREMENTS

A. Proposals shall be submitted on the company letterhead and signed by the owner or an executive officer of the firm. Interested firms should have at least five (5) years’ experience.

B. Executive Summary – Provide a brief non-technical overview of the Respondent’s business including the range of services offered. Respondents should demonstrate how and why their services meet the Housing Authority’s needs and qualification requirements.

C. Company Profile – Provide a history of the business and resumes of key staff. Identify any public housing authorities and/or non-profit affordable housing corporations that the business has provided professional architectural and engineering services to over the past ten (10) years.

D. References – Respondents are required to submit a minimum of three (3) housing authority references.

E. Proposed Services – Describe in detail each aspect of the professional architectural and engineering services proposed and the firm’s specialized knowledge and experience with each such service.

F. Proposed Costs – Respondents must provide a schedule of hourly rates for all categories of staff (architects, engineers, project managers, etc.) who will be assigned to perform services if a contract is awarded; and other charges, if any, must be specified. In addition, Respondents must, for each identified Project, provide a not-to-exceed amount to complete all services with a breakdown by phase as follows: 1) Design Phase; 2) Bidding Phase; 3)

Construction Oversight Phase; and 4) Miscellaneous Reimbursable expenses. Separate proposed fees shall be provided for each building.

G. Required Documentation – Respondents shall submit the enclosed checklist and all documentation identified therein. Failure to provide any of the required documentation at the time of submission may be considered a fatal defect warranting rejection of the proposal.

H. Insurance – Respondents shall possess the below insurance coverages. The premium cost of all insurance purchased by the Respondent for protection against risks assumed by virtue of the contract shall be borne by the Respondent and is not reimbursable by the Housing

Authority. The Housing Authority specifically reserves the right to require the Respondent to provide certified copies of such policy or policies.

a) Worker’s Compensation Insurance: all aspects of coverage (including but not limited to scope and amount of coverage) must be in accordance with New Jersey

Worker’s Compensation laws.

b) Automobile Liability Insurance: must cover all vehicles used in connection with the Services, in an amount not less than $1,000,000 combined single limit per occurrence for bodily injury and property damage.

c) Comprehensive General Liability Insurance: must be in an amount not less than

$1,000,000 per occurrence or $2,000,000 aggregate. The property and casualty section must specifically identify the Housing Authority’s property as being covered by the Policy.

d) Professional Liability Insurance: must include but not be limited to errors and omissions and must be in an amount not less than $1,000,000 per occurrence with a deductible per claim not to exceed ten percent (10%) of the limit of liability.

6. SUBMISSION OF PROPOSALS

Each proposal must be uploaded to the Housing Agency Marketplace eProcurement website by

September xx, 2026 at 10:30 a.m. with original signatures.

Proposals must be submitted by uploading them to the Housing Agency Marketplace eProcurement website. No faxed or emailed proposals shall be accepted. Respondents must ensure that their proposal is received by the deadline specified above. Proposals received after the deadline for any reason shall not be considered and will be returned to the sender.

7. EVALUATION CRITERIA

A. All proposals will be reviewed in accordance with the below evaluation criteria.

Evaluation Criteria

Weighting

(Maximum Points)

Qualifications and demonstrated experience providing professional architectural and engineering services generally

Demonstrated experience providing professional architectural and engineering services to New Jersey public housing authorities and/or non-profit affordable housing corporations

Demonstrated knowledge of the New Jersey Local Public Contracts Law and Federal procurement regulations

Capability to provide the full scope of requested services 10

Reasonableness of proposed fee(s) 20

TOTAL 100

B. The Housing Authority reserves the right to waive any informality and to reject any and all proposals. No Proposal may be withdrawn for sixty (60) days after the due date.

Proposals may be withdrawn prior to the due date either in person or by mail.

8. POST-AWARD ITEMS

A. The Housing Authority reserves the right to select different firms for each building.

B. The successful respondent(s) shall be required to execute the owner’s contract(s) within seven (7) days of receiving the notice of award. The contracts for the buildings owned by Linden Housing Corporation and Mongil Corporation shall be substantially similar to the Housing Authority contract provided herein.

AMERICANS WITH DISABILITIES ACT OF 1990

Equal Opportunity for Individuals with Disability

The contractor and the Housing Authority of the City of Linden (hereafter “owner”) do hereby agree that the provisions of Title II of the Americans With Disabilities Act of 1990 (the "Act") (42

U.S.C. 12101 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.

MANDATORY AFFIRMATIVE ACTION LANGUAGE

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

(MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE)

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 or sex. Except with respect to affectional or sexual orientation, the contractor will take affirmative action to ensure that such applicants are recruited and employed, and that employees are treated during employment, without regard to their age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation or sex.

Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the public agency compliance officer setting for the 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 or sex.

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

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

The contractor or subcontractor agrees to make good faith efforts to employ minority and women workers consistent with the applicable county employment goals established in accordance with

N.J.A.C. 17:27-5.2 or a binding determination of the applicable county employment goals determined by the Division, pursuant to N.J.A.C. 17:27-5.2.

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

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

In conforming with the applicable employment goals, the contractor or subcontractor agrees to review all procedures relating to transfer, upgrading, downgrading and layoff to ensure that all such actions are taken without regard to age, creed, color, national origin, ancestry, marital status, affectional or sexual orientation 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 and its subcontractors shall furnish such reports or other documents to the Executive

Director of the Housing Authority of the City of Linden, Division of Contract Compliance and EEO as may be requested by the office from time to time in order to carry out the purposes of these regulations, and public agencies shall furnish such information as may be requested by the Division of

Contract Compliance & EEO for conducting a compliance investigation pursuant to Subchapter 10 of the Administrative Code at N.J.A.C. 17:27.

PROPOSAL CHECKLIST

Completion and/or submission of the following items is mandatory:

Read, Initialed

Item and Submitted

Original and Three Copies of Entire Proposal

Support for Qualifications

Support for Evaluation Factors

Acknowledgement of Addenda

Listing of Subcontractors

Fee Proposal Forms (with attached Schedules of Hourly Rates)

Certification of Non-Debarment

Non-Collusion Affidavit

Statement of Ownership

Affirmative Action Compliance Notice

HUD-5369-C

Disclosure of Investment Activities in Iran

New Jersey Business Registration Certificate

Certificate of Insurance

Declaration Page of Professional Liability Insurance

New Jersey Certificate of Authorization (engineering services)

New Jersey Certificate of Authorization (architectural services)

The undersigned hereby acknowledges that they have completed and/or submitted the above-listed mandatory items. The undersigned also hereby acknowledges that the Housing

Authority may, in its discretion, reject any proposal as non-responsive for the failure to include any of the above-listed mandatory items.

Name of Company:

Signature of Respondent’s Agent:

Name and Title of Respondent’s Agent:

Date:

ACKNOWLEDGEMENT OF ADDENDA

The Respondent hereby acknowledges receipt of the following Addenda to the Request for

Proposals:

Addendum No. Dated:

Signature of Respondent’s Agent

LISTING OF SUBCONTRACTORS

The Respondent must identify, in the space provided below, any and all subcontractors it intends to use on the Project. The Housing Authority reserves the right to vet any and all proposed subcontractors. The Housing Authority further reserves the right to reject any and all proposed subcontractors.

The use of a subcontractor, except as approved in writing by the Housing Authority, shall be prohibited. Approval of a subcontractor shall be granted in the Housing Authority’s sole discretion.

Substitution of a subcontractor without the Housing Authority’s written approval is prohibited.

The cost of any and all subcontractor services must be included within the Respondent’s proposal.

1. Name of Subcontractor:

Address:

Contract Amount:

Description of Work to be Performed:

2. Name of Subcontractor:

3. Name of Subcontractor:

CERTIFICATION REGARDING NON-DEBARMENT, SUSPENSION,

INELIGIBILITY AND VOLUNTARY EXCLUSION

I, residing in

(name of affiant) (name of municipality) in the County of and State of , of full age, being duly sworn according to law on my oath depose and say that:

and/or its principals have never, at any time, been suspended

(name of firm) debarred, declared ineligible, or voluntarily excluded by the Department of Housing and Urban

Development, the Department of Justice, the General Services Administration, the Internal

Revenue Service, or any other federal agency or the Federal Government, and/or the New Jersey

Department of Labor or any other state agency or the State of New Jersey.

Subscribed and sworn to before me

This day of , 20

Notary Public of

My commission expires

Signature of Notary Public

NON-COLLUSION AFFIDAVIT

I, residing in (name of affiant) (name of municipality) in the County of and State of , of full age, being duly sworn according to law on my oath depose and say that:

I am of (title or position) (name of firm) the entity submitting this Proposal for , and

(type of services) that I executed the said Proposal with full authority to do so that said firm has not, directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free, competitive bidding in connection with the above named project; and that all statements contained in said proposal and in this affidavit are true and correct, and made with full knowledge that the Housing Authority of the City of Linden relies upon the truth of the statements contained in said Proposal and in the statements contained in this affidavit in awarding the contract for the said project.

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

STATEMENT OF OWNERSHIP

Name of Business:

I certify that the list below contains the names and home addresses of all stockholders holding 10% or more of the issued and outstanding stock of the undersigned.

OR

I certify that no one stockholder owns 10% or more of the issued and outstanding stock of the undersigned.

Check the box that represents the type of business organization:

Partnership Limited Liability Company Corporation Sole Proprietorship Limited Partnership Limited Liability Partnership Subchapter S Corporation

Sign and notarize the form below, and, if necessary, complete the stockholder list below.

Stockholders:

Name: Name:

Home Address:

% of Ownership:

Name:

Name:

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. 17:27-1 et seq.

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 and existing Federally approved or sanctioned affirmative action program (good for one year from the date of the letter);

OR

(b) A photocopy of a Certificate of Employee Information Report approval, issued in accordance with

N.J.A.C. 17:27-4;

OR

(c) A photocopy of an Employee Information Report (Form AA302) provided by 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 successor vendor(s) must submit the copies of the AA 302 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 vender.

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. 17:27.1 et seq. and agrees to furnish the required forms of evidence.

The undersigned vendor further understands that his/her bid shall be rejected as non-responsive if said contractor fails to comply with the requirements of N.J.S.A. 10:5-31 and N.J.A.C. 17:27-1, et seq.

COMPANY: SIGNATURE:

PRINT NAME: TITLE:

DATE:

FORM OF CONTRACT

THIS AGREEMENT made on [date] by and between the HOUSING AUTHORITY OF

THE CITY OF LINDEN, a public housing authority with an office at 1601 Dill Avenue, Linden, New Jersey 07036 (hereinafter called the “HOUSING AUTHORITY”) and [ENGINEER

NAME], located at [address] (hereinafter called the “ENGINEER”).

WHEREAS, the Housing Authority has determined that it is in need of professional architectural and engineering services; and

WHEREAS, in accordance with the New Jersey Local Public Contracts Law and applicable regulations, the Housing Authority issued a Request for Proposals for professional architectural and engineering services; and

WHEREAS, following a thorough analysis of all proposals received by the proposal deadline of [date], the Housing Authority has determined that the proposal submitted by [firm name] is the most advantageous to the Housing Authority, price and other factors considered; and

WHEREAS, both the Housing Authority and the Engineer desire to enter into this

Agreement for the Engineer to provide Engineer services with regard to the Project; and

WHEREAS, the Housing Authority and the Engineer shall comply with all statutes, rules, regulations, and orders of HUD, the State of New Jersey, and the City of Linden applicable to the

Project, which are deemed incorporated herein by reference;

WITNESSETH, that the Housing Authority and the Engineer, for the consideration stated herein, agree as follows:

ARTICLE 1. DEFINITIONS

As used herein, the following terms shall have the meaning set forth as follows:

SECTION 1.01 “AGREEMENT DATE” shall mean the date on which this Agreement is effective, which shall be the date set forth above.

SECTION 1.02 “AGREEMENT DOCUMENTS” shall mean this Agreement, collectively with all associated addenda and attachments, the Request for Proposals, and the Engineer’s proposal dated

[date].

SECTION 1.03 “CHANGE ORDER” or “EXTRA SERVICES” or “ADDITIONAL SERVICES” shall mean any services for unforeseen circumstances that result in additions or deletions or modifications to the amount, type, or value of the Services as required in this Agreement, as directed and approved by the Housing Authority.

SECTION 1.04 “CONTRACTING OFFICER” shall mean and refer to the person delegated the authority by the Housing Authority to enter into, administer, and/or terminate this contract and designated as such in writing to the Engineer. The Contracting Officer is hereby designated, within the terms of this Contract, as Ann J. Ferguson, the Housing Authority’s Executive Director. The term includes any successor Contracting Officer and any duly authorized representative of the

Contracting Officer also designated in writing. The Contracting Officer shall be deemed the authorized agent of the Housing Authority in all dealings with the Engineer.

SECTION 1.05 “DELIVERABLES” shall mean all work product of any nature submitted by the

Engineer to the Housing Authority for review and approval pursuant to the terms of this

Agreement.

SECTION 1.06 “ENGINEER” shall mean [firm name] and its permitted successors and assigns.

SECTION 1.07 “HOUSING AUTHORITY” or “OWNER” shall mean and refer to the Housing

Authority of the City of Linden.

SECTION 1.08 “PROJECT” shall mean and refer to the projects specified in the Request for

Proposals issued by the Housing Authority and any other professional architectural and engineering service needs that arise during the term of the Agreement.

SECTION 1.09 “PROJECT CONTRACTOR” shall mean the successful bidder(s) for the performance of the Project services, as selected by the Housing Authority.

SECTION 1.10 “SERVICES” shall mean furnishing of all labor, materials, workmanship, tools, equipment, supplies, and transportation and the performing of all operations in strict compliance with all applicable Project specifications and drawings.

SECTION 1.11 “SUBCONTRACTOR” shall mean any person, entity, firm or corporation, other than the employees of the Engineer, who furnishes labor and/or materials in connection with the

Services, whether directly or indirectly, on behalf and/or under the direction of the Engineer.

ARTICLE 2. ENGINEER’S RESPONSIBILITIES

SECTION 2.01 SCOPE OF SERVICES. Throughout the term of this Agreement, the Engineer shall provide for each Project the Services set forth herein and in the Request for Proposals.

SECTION 2.02 LEGAL COMPLIANCE. In the performance of this Agreement, the Engineer shall comply with all provisions of all applicable Federal, State and Local statutes, regulations, ordinances, and codes.

SECTION 2.03 COOPERATION AND COORDINATION. The Engineer shall, at all times, fully and promptly cooperate with the Housing Authority, and coordinate its work efforts to most effectively and efficiently maintain the progress in performing all aspects of the Services hereunder. The extent and character of the Services to be performed by the Engineer shall be subject to the general control and approval of the Housing Authority’s Contracting Officer. The Engineer shall not comply with requests and/or orders issued by anyone else. The Engineer agrees to implement any and all changes in providing Services hereunder as a result of a policy change implemented by the

Housing Authority. The Engineer agrees to act in an expeditious and fiscally sound manner in providing the Housing Authority with input regarding the time and cost to implement said changes and in executing the activities required to implement said changes.

SECTION 2.04 STANDARD OF PERFORMANCE. The Engineer shall provide and perform the

Services described herein in a competent and professional manner, in accordance with the terms and conditions of this Agreement, consistent with professional architectural and engineering licensing requirements and prevailing industry standards, and with the degree of due diligence and skill of a member of the professional architectural and engineering profession in the State of New

Jersey.

SECTION 2.05 PERSONNEL. The Engineer represents that its personnel have the proper skill, training, background, knowledge, experience, rights, authorizations, integrity, character and licenses as necessary to perform the Services described herein in a competent manner. The

Engineer agrees that at all times it will employ, maintain and assign to the performance of the

Services a sufficient number of competent and qualified individuals to meet the requirements to which reference is hereinafter made. The Engineer agrees to promptly adjust its personnel staffing levels and/or remove from the Project any of its personnel upon reasonable request from the

Housing Authority. Removal of any of the Engineer’s personnel from the Project shall not require the termination and or demotion of such personnel by the Engineer.

SECTION 2.06 SUBCONTRACTING. The Engineer shall be solely responsible for the performance of this Agreement. The use of a Subcontractor, except as approved in writing by the Housing

Authority’s Contracting Officer, shall be prohibited. Approval of a Subcontractor shall be granted in the Housing Authority’s sole discretion. Substitution of a Subcontractor without the Housing

Authority’s written approval is prohibited.

SECTION 2.07 FURNISHMENT. The Engineer shall furnish all necessary labor, materials, tools, equipment, supplies, transportation, permits, and insurance necessary for the performance of the work. The Engineer shall also furnish all necessary water, heat, light, and power not made available to the Engineer by the Housing Authority.

SECTION 2.08 DOCUMENTATION. The Engineer shall provide the Housing Authority with the following documentation prior to the commencement of work:

(a) State of New Jersey Business Registration Certificate;

(b) Evidence of Insurance;

(c) Detailed project schedule; and

(d) Any remaining documentation required at the time of the Request for Proposals.

SECTION 2.09 SITE VISITS. Advance notice of any and all Project site visits by the Engineer shall be given to the Housing Authority’s Contracting Officer. Such notice shall include the date and expected time of the visit, as well as the name(s) of all employees of the Engineer who will attend.

All employees of the Engineer shall be required to produce, on their first day at the Project site, a valid form of identification. A copy of the identification provided will be kept on record with the

Housing Authority’s Contracting Officer. Thereafter, the employees of the Engineer will only be required to sign in and out with the Housing Authority’s Contracting Officer.

SECTION 2.10 SMOKING AND VAPING ON SITE. The Engineer shall ensure that its personnel comply with the Housing Authority’s rules regarding smoking and vaping while on site. The smoking, vaping, igniting, and lighting of all smoking paraphernalia, including but not limited to cigarettes, e-cigarettes, vapes, cigars, pipes, and tobacco rolls, is strictly prohibited within the

Housing Authority’s buildings and any place within twenty-five (25) feet of the buildings.

SECTION 2.11 COVID-19 RULES. The Engineer agrees to abide by all applicable Federal and State rules and regulations regarding the limitation of the spread of COVID-19. In addition, the Engineer agrees to abide by the Housing Authority’s COVID-19 rules as provided to the Engineer in conjunction with this Contract.

SECTION 2.12 PROJECT…

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