TOWNSHIP OF LIVINGSTON

Essex County, New Jersey

BID NO. 20-2026

Furnish and Deliver Crossing Guard Services for Township School Posts For Police Department

Issue Date: August 13, 2026

Bid Opening: September 2, 2026

Furnish and Deliver Crossing Guard Services for Township School Posts For Police Department

TABLE OF CONTENTS

PAGE NO.

Public Notice 2

General Instructions to Bidders 3 –13

Submission of Bids

Insurance and Indemnification Statutory and Other Requirements Time for Award of Contract General Information

Scope of Work / Specifications

14-20

Checklist 21-22 Proposed Fee Schedule / Bid Form / Exceptions 23-26

APPENDICIES

27-39

Appendix A - Statement of Ownership Disclosure

Appendix B - Non-Collusion Affidavit Appendix C - Affirmative Action Compliance Notice Appendix D – Exhibit A Mandatory Affirmative Action Language Appendix E - Americans with Disabilities Act of 1990 Appendix F - Performance Record Appendix G – Notice of Receipt of Addenda Appendix H – Disclosure of Investment Activities in Iran Appendix I- Certification of Non Involvement in Prohibited Activities in Russia or Belarus

Attachment A- Current Crossing Guard Posts (1 page) Attachment B- Livingston School 2026-2027 Calendar (1 page)

NOTICE TO BIDDERS

NOTICE IS HEREBY GIVEN that sealed bids will be received by the Clerk’s Office, for the Township of Livingston, County of Essex, State of New Jersey on Wednesday, September 2 , 2026, 11:00 AM prevailing time at 357 S. Livingston Avenue, Livingston, New Jersey at which time and place proposals will be opened in the Council Chambers and publicly read for:

BID NO. 20-2026- Furnish and Deliver Crossing Guard Services for Township School Posts

For Police Department

Bid documents and specifications can be downloaded for no charge online at https://www.livingstonnj.org/Bids.aspx (upon registration) beginning on Thursday, August 13, 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: August 13, 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

GENERAL INSTRUCTIONS TO BIDDERS

I. SUBMISSION OF BIDS

A. All bidders must submit one (1) complete ORIGINAL bid proposal, clearly marked as the “ORIGINAL.” 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

“BID responding to BID No. 20- 2026 – Crossing Guard Services

Do Not Open Until September 2, 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.

II. GENERAL INFORMATION

A. The following provisions, ONLY if indicated by an (X), shall be applicable to this bid and be made a part of the bidding documents:

1. ( X ) BID GUARANTEE.

If bid security is required, such security must be submitted with the bid in the amount listed in the bid documents, see N.J.S.A. 40A:11-21. Acceptable forms of bid security are as follows:

a. A Bid Guarantee in the form of a properly executed individual or annual Bid Bond issued by an insurance or security company authorized to do business in the State of New Jersey, cashier’s check or certified check made payable unconditionally to the Township of Livingston in the amount of 10% of the bid submitted, not to exceed twenty thousand dollars ($20,000.00).

b. The Township of Livingston will hold all bid security during the evaluation process. Pursuant to N.J.S.A. 40A:11-24, contracts must be awarded within sixty

(60) days of receipt of bids. The Township will:

(i) Issue an award notice to the lowest responsible bidder;

(ii) All bid security, except the security of the three apparent lowest responsible bidders, shall be returned, unless otherwise requested by the bidder, within 10 days after the opening of the bids, Sundays and holidays excepted, and the bids of such bidders shall be considered as withdrawn.

Within three days, Sundays and holidays excepted, after the awarding and signing of the contract and the approval of the contractor's performance bond, the bid security of the remaining unsuccessful bidders shall be returned to them.

2. ( X ) CONSENT OF SURETY.

Bidder shall submit with the bid a Certificate (Consent of Surety) with Power of Attorney for full amount of bid price from a Surety Company authorized to do business in the State of New Jersey and acceptable to the Township of Livingston stating that it will provide said bidder with a Performance Bond in the full amount of the bid. This certificate shall be obtained in order to confirm that the bidder to whom the contract is awarded will furnish Performance and Payment bonds from an acceptable surety company on behalf of said bidder, any or all subcontractors or by each respective subcontractor or by any combination thereof which results in performance security equal to the total amount of the contract, pursuant to statute.

3. ( X ) PERFORMANCE BOND.

The successful bidder shall simultaneously, with the delivery of the executed contract, submit an executed bond in the amount of one hundred percent (100%) of the acceptable bid as security for the faithful performance of this contract.

4. ( ) LABOR AND MATERIAL (PAYMENT) BOND

Bidder shall with the delivery of the performance bond submit an executed payment bond to guarantee payment to laborers and suppliers for the labor and material used in the work performed under the contract.

Failure to submit a labor and material bond with the performance bond shall be cause for declaring the contract null and void.

5. ( ) IRREVOCABLE STANDBY LETTER OF CREDIT

The Standby Letter of Credit is required to guarantee payment, guarantee performance and to strengthen the credit worthiness of the contractor. The amount should cover the amount of the contract (or anticipated revenues to the Township, as applicable) and remain in effect though the term of the contract. The Irrevocable Standby Letter of Credit shall serve as a backup form of payment in the event the contractor does not make payments to the Township as agreed.

B. Exceptions to the Bid Specifications. Whenever the Work Specifications identify a brand name, trade name or manufacturer’s name, this designation is used for classification or descriptive purposes only, and the bidder may substitute an equal project, subject to the Approval of the Township Council. ALL EXCEPTIONS TO THE TECHNICAL SPECIFICATIONS MUST BE

DISCLOSED ON THE “EXCEPTIONS” FORM CONTAINED HEREIN.

C. “Or Equal” Substitutions. Any conditions, limitations, provisions, amendments, or other changes attached or added by the bidder to any of the provisions of these Bid Specifications or any changes made by the bidder on the Proposal Forms shall result in the rejection of the bid proposal by the Township Council.

D. Compliance. The bidder shall be familiar with and comply with all applicable local, state and federal laws and regulations in the submission of the bid proposal and, if the bidder is awarded the contract, in the performance of the contract.

E. Conflict of Interest and Non-collusion. Each bidder must execute and submit as part of the Bid

Proposal a “Non-Collusion Affidavit” which at a minimum shall attest that:

The bidder has not entered into any agreement or participated in any collusion with any other person, corporate entity or government entity or competitive bidding either alone or with any other person, corporate entity or government entity in connection with the above named project;

F. All statements made in the bid proposal are true and correct and made with the full knowledge that the Contracting Unit relies upon the truth of those statements in awarding the contract; and the truth of those statements in awarding the contract; and

G. No person or business is employed to solicit or secure the contract in exchange for a commission, percentage brokerage agreement or contingency fee unless such person possesses a Certificate of Public Convenience and Necessity and a License issued pursuant to N.J.A.C. 7:26-16 et. seq.

III. QUOTATIONS, BIDS AND FORMS

A. The Township of Livingston is exempt from any local, state or federal sales, use or excise tax.

The Township of Livingston will not pay service charges such as interest and late fees.

B. The Township of Livingston or any of its offices or divisions will not complete any credit application(s) as a result of contract(s) resulting from award based on these specifications.

C. Failure to sign and give all information in the bid may result in the bid being rejected.

D. Estimated Quantities (Open-Ended Contract, Purchase as Needed). The Township of Livingston has attempted to identify the item(s) and the estimated amounts of each item bid to cover its requirements; however, past experience shows that the amount ordered may be different than that submitted for bidding. The right is reserved to decrease or increase the quantities specified in the specifications pursuant to Statute. NO MINIMUM OR MAXIMUM

PURCHASE IS IMPLIED OR GUARANTEED.

E. Insert prices for furnishing all of the material described. Prices shall be met including all transportation charges fully prepaid by the contract F.O.B. destination and placement as designated by the Township. No additional charges will be allowed for any transportation costs resulting from partial shipments made at vendor’s convenience when a single shipment is ordered.

F. All forms shall be completed and attached to the bid form. Bidder is alerted to the checklist on the bid form.

IV. INTERPRETATIONS AND ADDENDA

A. The bidder understands and agrees that its bid is submitted on the basis of the specifications prepared by the Township. The bidder accepts the obligation to become familiar with these specifications.

B. Bidders are expected to examine the specifications and related documents with care and observe all their requirements. Ambiguities, errors or omissions noted by bidders should be promptly reported in writing to the Purchasing Manager. In the event the bidder fails to notify the Township of such ambiguities, errors or omissions, the bidder shall be bound by the bid.

C. No oral representation of the meaning of the specifications will be made to any bidder. Every request for an interpretation shall be in writing, addressed to the Purchasing Manager. In order to be given consideration, written requests for interpretation must be received at least seven (7) days prior to the date fixed for the opening of the bids. All addenda will be distributed to all prospective bidders in accordance with N.J.S.A. 40A:11-23(c)(2). All addenda so issued shall become part of the contract documents, and shall be acknowledged by the bidder in the bid.

The Township’s interpretations or corrections thereof shall be final.

D. If the amount in words and its equivalent figures do not agree, the written words shall be binding. Ditto (“) marks are not considered writing or printing and shall not be used.

E. In the event there is a discrepancy between the unit prices and the extended total, the unit prices shall prevail. In the event there is an error of the summation of the extended totals, the computation by the Township of the extended totals shall govern.

V. BRAND NAMES, STANDARDS OF QUALITY, PATENTS

A. Only manufactured and farm products of the United States, wherever available, shall be used on this contract in accordance with N.J.S.A. 40A:11-18.

B. Brand names and/or descriptions used in this bid are to acquaint bidders with the type of commodity desired and will be used as a standard by which alternate or competitive materials offered will be judged. Competitive items must be equal to the standard described and be of the same quality of work. Variations between materials described and the materials offered are to be fully explained by the bidder on a separate sheet and submitted with the proposal/bid form.

Vendor’s literature will not suffice in explaining exceptions to these specifications. In the absence of any changes by the bidder, it will be presumed and required that materials as described in the proposal be delivered.

C. It is the responsibility of the bidder to demonstrate the equivalency of item(s) offered. The

Township of Livingston reserves the right to evaluate the equivalency of a product which, in its deliberations, meets its requirements.

D. The contractor shall hold and save harmless the Township of Livingston, its officers, agents, servants, and employees, from any liability of any nature and kind for or on account of any copyrighted or uncopyrighted composition, secret process, patented or unpatented invention or article furnished or used in the performance of this contract.

E. Wherever practical and economical to the Township of Livingston, it is desired that recycled or recyclable products be provided. Please indicate when recycled products are being offered.

VI. AWARD OF BID

A. The contract shall be awarded for a period of twelve (12) consecutive months unless otherwise noted in technical or supplemental specifications. Pursuant to requirements of N.J.A.C. 5:30-

5.1 et seq., any contract resulting from this bid shall be subject to the availability and appropriation of sufficient funds annually.

Contracts that are awarded for a term of 12 months may be extended for an additional 12 consecutive months at the same terms and conditions.

Pursuant to N.J.S.A. 40A:11-15, the OWNER reserves the right to extend this contract for no more than one two-year or two one-year extensions. Such extensions shall be awarded by resolution of the governing body upon a finding that the services are being performed in an effective and efficient manner. The OWNER’s representative shall provide a written intent to extend the agreement. The same conditions shall prevail. The price shall only be adjusted as per the State established index rate.

B. The Township of Livingston reserves the right to accept or reject any or all bids, to waive identified minor irregularities and technicalities, and to award in whole or in part to the lowest responsive and responsible bidder, if it is in the best interest of the Township to do so and in accordance with the law. Without limiting the generality of the foregoing, any bid which is incomplete, obscure, or irregular may be rejected, any bid having erasures or corrections in the price sheet may be rejected; any bid which unit prices are omitted, or in which unit/total prices are unbalanced, may be rejected; any bid accompanied by any insufficient or irregular certified check, cashier’s check or bid bond may be rejected.

C. The Township of Livingston further reserves the right to award each item separately to the lowest responsive and responsible bidder meeting the specifications or to make an award based on the total bid to the bidder whose total sum is the low bid meeting the specifications, whichever in the awarding authorities’ opinion is in the best interest of the Township. Without limiting the generality of the foregoing, the Township reserves the right to award a contract based on either option that may be described in the bid proposal or based on any combination thereof.

D. All bids may be rejected pursuant to N.J.S.A. 40A:11-13.2. In the event that the Township

Council rejects all bids, the Township Council shall publish a notice of re-bid no later than ten

(10) days, Saturdays, Sundays and holidays excepted, prior to the date for acceptance of bids.

E. Notice of Award and Execution of Contract. Within thirty (30) days of the award of the Contract, the Township of Livingston shall notify the successful bidder in writing at the address set forth in the Bid Proposal and such notice shall specify the place and time for delivery of the executed Contract and the performance bond. Failure to deliver the documents as specified in the notice of award shall be cause for the Township of Livingston to declare the contractor non-responsive and to award the contract to the next lowest bidder.

F. Responsible Bidder. The Township of Livingston shall determine whether a bidder is

“responsible” in accordance with N.J.S.A. 40A:11-2(32). The Bid Proposal of any bidder this is deemed not to be “responsible” shall be rejected.

VII. NEW JERSEY PREVAILING WAGE ACT (When Applicable)

Pursuant to N.J.S.A. 34:11-56.25 et seq., contractors on projects for public work shall adhere to all requirements of the New Jersey Prevailing Wage Act. The contractor shall be required to submit a certified payroll record to the Township within ten (10) days of the payment of wages. The contractor is also responsible for obtaining and submitting said certified payrolls in the form set forth in N.J.A.C.

12:60-6.1(c). It is the contractor’s responsibility to obtain any additional copies of the certified payroll form to be submitted by contacting the New Jersey Department of Labor and Workforce Development, Division of Workplace Standards. Additional information is available at www.state.nj.us/labor/lsse/lspubcon.html.

VIII. NON-DISCRIMINATION

There shall be no discrimination against any employee engaged in the work required to produce the commodities covered by any contract resulting from this bid, or against any applicant to such employment because of race, religion, sex, national origin, creed, color, ancestry, age, marital status, affectional or sexual orientation, familial status, liability for service in the Armed Forces of the United States, or nationality. This provision shall include, but not be limited to the following: employment upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The contractor shall insert a similar provision in all subcontracts for services to be covered by any contract resulting from this bid.

IX. WORKER AND COMMUNITY RIGHT TO KNOW ACT

The manufacturer or supplier of chemical substances or mixtures shall label them in accordance with the New Jersey Worker and Community Right to Know Act (N.J.S.A. 34:5A-1 et seq.). Containers that the law and rules require to be labeled shall show the Chemical Abstracts Service number of all the components and the chemical name. Further, all applicable Material Safety Data Sheets (MSDS), also known as Hazardous Substance Fact Sheets, must be furnished.

X. INSURANCE AND INDEMNIFICATION

A. Insurance Requirements

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 $l,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. Automotive Liability Insurance

Coverage must be for all owned, non-owned, and hired vehicles. The limit of liability should not be less than One Million Dollars ($1,000,000) for both property damage and bodily injury. The Township is not responsible for any property damage to the Contractor’s vehicles. The limits may be in conjunction with an umbrella.

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 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.

XI. 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. Ownership Disclosure

N.J.S.A. 52:25-24.2 provides that no corporation or partnership 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

Pursuant to N.J.S.A. 52:32-44 proof of business registration shall be provided to the Township 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.

N.J.S.A. 52:32-44 imposes the following requirements on contractors and all subcontractors that knowingly provide goods or perform services for a contractor fulfilling this contract:

1) Prior to receipt of final payment from a contracting agency, a contractor must submit to the contacting agency an accurate list of all subcontractors or attest that none was used;

2) During the term of this contract, the contractor and its affiliates shall collect and remit, and shall notify all subcontractors and their affiliates that they must collect and remit to the Director, New Jersey Division of Taxation, the use tax due pursuant to the Sales and Use Tax Act, (N.J.S.A. 54:32B-1 et seq.) on all sales of tangible personal property delivered into this State.

A contractor, subcontractor or supplier who fails to provide proof of business registration or provides false business registration information shall be liable to a penalty of $25 for each day of violation, not to exceed $50,000 for each business registration not properly provided or maintained under a contract with a contracting agency. Information on the law and its requirements is available by calling (609) 292-1730.

N.J.S.A. 34:11-56.55 specifically prohibits accepting applications for registration as a substitute for a certificate of registration.

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

XII. ACQUISITION, MERGE, SALE AND/OR TRANSFER OF BUSINESS, ETC.

It is understood by all parties that if, during the life of the contract, the contractor disposes of his/her business concern by acquisition, merger, sale and/or transfer or by any means convey his/her interest(s) to another party, all obligations shall be are transferred to that new party only by written consent of the Township Council, which consent shall not be unreasonably withheld. Upon the approval of the transfer by the Township Council, the new owner(s) will be required to submit, when requested, a performance bond in the amount of the open balance of the contract.

XIII. INSURANCE, ACCIDENTS, INJURIES, DAMAGES

A. If It becomes necessary for the contract, either as principal or by agent or employee, to enter upon the premises or property of the Township in order to construct, erect, inspect, make delivery or remove property hereunder, the contractor hereby covenants and agrees to take use, provide and make all proper, necessary and sufficient precautions, safeguards, and protection against the occurrence of happenings of any accidents injuries, damages, or hurt to person or property during the course of the work herein covered and be his/her sole responsibility.

The contractor further covenants and agrees to indemnify and save harmless the Township from the payment of all sums of money or other consideration(s) by reason of any, or all, such accidents, injuries, damages, or hurt that may happen or occur upon or about such work and all fines, penalties and loss incurred for or by reason of the violation of any Township regulation, ordinance or the laws of the State, or the United States while said work is in progress.

B. The contractor shall maintain sufficient insurance to protect against all claims under Workers’

Compensation, General Liability and Automobile and shall be subject to approval for adequacy of protection and certificates of such insurance shall be provided to the Township when required. In all cases where a Certificate of Insurance is required, the Township shall be named as an additional insured.

XIV. PAYMENT

Payment will be made after a properly executed Township voucher has been received and formally approved. The voucher will be certified correct by the department/division head who received the goods or services.

XV. TERMINATION

A. Non-Performance. Non-performance of the Contractor in terms of specifications shall be a basis for termination of the contract by the Township. The Township may terminate the contract upon thirty (30) days’ written notice to the Contractor. The Township shall not pay for any services and/or materials which are unsatisfactory. The contractor may be given a reasonable opportunity before termination to correct the deficiencies. This, however, shall in no way be constructed as negating the basis for termination for non-performance.

B. Unconditional Termination for Convenience. The Township may terminate the contract for convenience by providing sixty (60) calendar days advance written notice to the contractor.

C. Termination for Default. If the contractor fails to meet deadlines, or fails to provide the agreed upon services, and or material altogether, a termination for default will be issued, but only after the Township has determined the Contractor has failed to remedy the problem after being forewarned.

D. Termination by the Township. If the contractor should be adjudged bankrupt or should made a general assignment for the benefit of its creditors, or if a receiver should be appointed on account of its insolvency, the Township may terminate this contract. If the contractor should persistently or repeatedly refuse or should fail, except in cases for which extension of time is provided, to provide enough properly skilled workers or proper materials, or persistently disregard laws and ordinances, or not proceed with work of this contract, the Township shall give the contractor fifteen (15) calendar days written notice. Upon receipt of such termination notice, the contractor shall be allowed seven (7) calendar days to cure such deficiencies.

XVI. SPECIFICATIONS

Any prospective bidder who wishes to challenge a bid specification shall file such challenge, in writing, with the contracting agent no less than three (3) business days prior to the opening of bids. Challenges filed after that time shall be considered void and having no impact on the contracting unit or the award of contract.

XVII. TRUTH IN CONTRACTING (N.J.S.A. 2C:21-34 and N.J.S.A. 2C:27-11)

New provisions of law govern false claims and representations. It is a serious crime for the vendor to knowingly submit a false claim and/or knowingly make material misrepresentations. There are enhanced penalties for areas of false claims, bid rigging and bribery, gratuities and gifts, and conflict of interest. Please consult the statute for further information.

XVIII. Assignment of Contract The successful bidder shall not assign, transfer, convey, sublet or otherwise dispose of any portion of this Contract or any part thereof to anyone without the prior written consent of the Chief of the Livingston Police Department.

IX .Liquidated Damages The Contractor guarantees that they can and will complete the work of providing crossing guards at the designated locations stated in the Contract Documents. Inasmuch as the damage and loss to the Township of Livingston, which will result from the failure of the Contractor to provide the proper, requested amount of crossing guards, for the stipulated times, will be most difficult or impossible to accurately assess, the damages to the Township of Livingston for such delay and failure on the part of the Contractor shall be liquidated in the amount stipulated in the Contract for each school calendar day (except for non-student school days, Saturdays, Sundays, and any day where Livingston Schools are closed for an entire day(s) due to weather or other occurrence) by which the Contractor shall fail to provide the stipulated amount of crossing guards at the designated posts, or any part thereof in accordance with the provisions hereof, and such liquidated damages shall not be considered as a penalty. The Township of Livingston will deduct and retain out of any money due or to become due hereunder the amount of the liquidated damages the Contractor shall be liable to pay the difference upon demand by the Township of Livingston.

Bid Number 20-2026

Technical Specifications

The purpose of this bid is to contract with a firm to provide School Crossing Guards for all posts established by the Township of Livingston Police Department. Prospective bidders shall demonstrate a minimum of two (2) years of successfully providing school crossing guard services to a municipality. References will be checked.

The Purchasing Manager will accept questions and inquiries from all potential bidders, in writing. The Township of Livingston shall have no obligation to answer questions received less than seven (7) days before the bid opening date. Questions shall be emailed to Karen Sullivan, Purchasing Manager, at ksullivan@livingstonnj.org.

Bidders are not to contact the using departments directly, in person, by telephone or by e-mail, concerning this bid proposal.

SCOPE OF SERVICE

This contract consists of an approximately one (1) school year period. The Township seeks to implement this contract as soon as possible but no later than November 1, 2026. The contract shall run through August 31, 2027. Any renewal option for services from September 1, 2027 through August 31, 2028 would be for the same proposed services if the Township agrees to exercise the one

(1) option to extend the contract.

Crossing Guards are only to be provided when Township schools are officially in session or when directed by the Chief of Police or their designee. The Contractor's responsibilities under this contract and period of performance will cease at the end of the last option contract year, provided there are no remaining issues in dispute.

It is anticipated that twenty-one (21) school crossing guards will be required for each school day of the school year. However, this is an estimate and the Township of Livingston Police Department will inform the Contractor as to the exact number of school guards that will be required at any one time during the school year.

The Township of Livingston reserves the right to increase or decrease the amount of crossing guard posts as necessary, in the opinion of the Chief of Police. The Chief of Police, or their designee, shall also have the option of adding additional posts or requesting crossing guards for special events at the rates quoted in the proposal page.

If any part is so withdrawn by the Township of Livingston, the Contractor shall have no claim for loss incurred by him for commitments made by him in anticipation of the work contemplated, or for work done prior to his having been authorized to proceed therewith.

The Contractor shall be required to provide coverage at all the school crossing guard posts for the times indicated. (See Attachment A for a list of current crossing guard posts, daily hours and Attachment B for 2026-2027 approved school calendar) All crossing guards are required to be at their post at the start of their shift and to stay for the duration of the post's designated times.

• Twenty One (21) morning posts:

o Thirteen (13) posts one hour (60 minutes) in duration starting at 0720 and ending at 0820.

o One (1) post at one hour (60 minutes) in duration starting at 0710 and ending at 0810.

o One (1) post at one hour (60 minutes) in duration starting at 0725 and ending at 0825.

o Five (5) posts at one and one-half hours (90 minutes) in duration starting at 0720 and ending at 0850.

o One (1) post at one and one-half hours (90 minutes) in duration starting at 0710 and ending at 0840;

• Twenty One (21) afternoon posts:

o Thirteen (13) posts one hour (60 minutes) in duration starting at 1420 and ending at 1520.

o One (1) post at one hour (60 minutes) in duration starting at 1425 and ending at 1525.

o One (1) post at one hour (60 minutes) in duration starting at 1500 and ending at 1600.

o Five (5) posts at one and one-half hours (90 minutes) in duration starting at 1420 and ending at 1530.

o One (1) post at one and one-half hours (90 minutes) in duration starting at 1410 and ending at 1540;

TRAINING

It shall be the responsibility, at no additional cost to the Township, of the Contractor to ensure that all persons employed as a school crossing guard, including supervisors, receive proper training. The Contractor must comply with N.J.S.A. Title 40, New Jersey Department of Transportation, and Manual of Uniform Traffic Control Devices. The contractor shall ensure that all crossing guards receive training prior to the beginning of new employment and before each new school year by a certified crossing guard trainer in accordance to law. At no time shall the Contractor place a school crossing guard at a post who does not meet the state-mandated training requirements. All training records must be submitted to the Livingston Police Department one (1) week before the start of the school year and immediately for any hire retained during the school year.

CROSSING GUARD QUALIFICATIONS

1. Criminal background history checks are to be completed by the Contractor, at no cost to the Township, at the beginning of employment, and every second year of employment thereafter by a vendor acceptable to the Livingston Police Department.

The background check will include a State of New Jersey and national criminal background check on all school crossing guards, alternate/substitute crossing guards, supervisors, and trainers assigned to the Township of Livingston area. This shall include a sexual predator and sexual offender check. The Contractor shall provide the Livingston Police with proof that the check has been performed prior to employing a person for a position listed above.

2. No person with a felony arrest, misdemeanor arrest involving moral turpitude, or being listed as a sexual predator or offender, shall work on this contract. The use of a person with any of the listed criminal history attachments will result in, at a minimum, an assessment of liquidation damages for the length of employment of that employee, rejection of invoices, suspension of services, or termination of contract.

3. Every crossing guard must complete and pass the minimum physical assessment (medical screening) in accordance to New Jersey Department of Transportation standards. This shall include a hearing and visual acuity test.

These tests shall be performed annually, prior to the beginning of the school year, at no additional cost to the Township. No Crossing Guard shall work a post if they fail any portion of the medical screening, unless the Township receives a recommendation by a New Jersey License Medical Doctor, Nurse Practitioner, or Physician Assistant, stating that the portion of exam failed will have no impact on the employee's ability to perform their duties, and that recommendation is approved by the Livingston Police. Corrected or managed medical conditions, or corrected failures to the hearing or sight exams, which constitute passing on a secondary screening do not need approval from the Livingston Police.

4. If the Contractor observes an employee unable to perform their duties due to a medical condition, or other unknown issue, whether it is felt the condition is acute or long term, a medical screening shall be conducted. The results must be provided to the Livingston Police prior to the employee being returned to duty.

This supplementary screening shall be at no additional cost to the Township.

5. All above records must be provided to the Livingston Police within the requested timeframe, except for medical records protected by HIPAA or any other governmental regulation. An approval or disqualify letter upon the completion of the medical screening must be submitted to the Livingston Police prior to the individual starting work as a crossing guard.

DRESS CODE/IDENTIFICATION AND EQUIPMENT

The material(s) and/or equipment specified and/or supplied, under this Contract shall meet or exceed the requirements of the safety specifications of New Jersey

Department of Transportation (NJDOT) and the Manual of Uniform Traffic Control (MUTCD). No material(s) and/or equipment shall be substituted until approved by the Chief of Police or their designated representative. The Contractor shall provide all material(s) and/or equipment, as well as personnel necessary to provide the required services of the bid.

In order to establish standards of quality, the Chief of Police, or their designee, in the detailed specifications, may refer to certain products by name and model number.

This procedure is not to be construed as eliminating from competition other products or equipment of equal or better quality by other manufacturers where it can be demonstrated the said products or equipment meets the intent of the Contract.

In all cases, the Chief of Police or their designee, shall be the sole judge as to whether a proposed product is to be approved and the Contractor shall have the burden of proving the same, at this own cost and expense, to the satisfaction of the Chief of Police. In making such determination, the Chief of Police may establish such criteria, as they may deem proper, that the proposed product shall meet in order for it to be approved, and they may require that the Contractor submit a complete description of the proposed product together with manufacturer's literature, specifications, drawings, cuts, performance and test data and other information pertinent to consideration of the proposed product.

The Chief of Police will not consider a product proposed by a Contractor if the latter, in the judgment of the Chief of Police, has failed to act diligently in requesting approval of such proposed product.

The Contractor shall have and make no claim for an extension of time or for damages by reason of the time taken by the Chief of Police, in considering a product proposed by the Contractor, or by reason of the failure of the Chief of Police, to approve a product by the Contractor.

Where the Chief of Police approves a product proposed by a Contractor as being "equal" to a product specified in the Contract Documents and such proposed product requires a revision or redesign of any part of the work covered by this Contract, all such revision and redesign and all new drawings and details required therefore shall be subject to the approval of the Chief of Police and shall be provided by the Contractor at his own cost and expense, and changes caused thereby in the work shall be done at the expense of the Contractor making the change.

Where the Chief of Police approves a product proposed by a Contractor as being "equal" to a product specified in the Contract Documents and such proposed product requires a different quantity and/or arrangement of any other part of the work from that specified, detailed, or indicated in the Contract Documents, the Contractor shall provide the same at his own cost and expense.

If substitutions are approved by the Chief of Police, prior to the receipt of bids, they shall be in the form of an Addendum to the Specifications. All bids shall be based on furnishing products of the kinds specified or noted on the drawings, or approved by Addendum, so that all bidders shall bid under the same conditions.

In all cases, the burden of proving that proposed substitutes are equal to items specified or required by the drawings shall rest with the Contractor. Acceptance or rejection of substitutes by the Chief of Police shall be final and binding. Failure to accept or reject on the part of the Chief of Police, shall be deemed to be a rejection thereof.

All crossing guards (employees) shall present a professional appearance, be neat, clean, well groomed, courteous, properly uniformed, and conduct themselves in a respectable manner. All employee must be at least eighteen (18) years of age. Each employee working as a crossing guard must wear the minimum safety equipment outlined by NJDOT and the MUTCD. The safety equipment can exceed the minimum standards. The contractor shall be responsible for providing the crossing guards with all necessary safety equipment. This is including but not limited to, ANSI Class II sweatshirts, jackets, rain jackets, gloves, hats, and/or STOP paddles.

This equipment shall be provided by the contractor at no additional cost to the Township.

The Contactor will also supply all equipment required by NJDOT and MUTCD.

Any replacement of aged, lost, or damaged equipment shall be the Contractor's responsibility at no cost to the Township.

PERSONNEL REMOVAL/REASSIGNMENT/SUBSTITIUTION

The Township acknowledges that all employees and contractors of the Contractor shall be considered to be, at all time, the sole employees of the Contractor under their sole discretion and oversight. However, the Township reserves the right to request the Contractor to remove any such employee it deems careless, incompetent, insubordinate, or otherwise objectionable and whose continued performance of the service is not in the best interest of the Township.

DAILY FIELD SUPERVISION

The Contractor shall provide a minimum of one (1) experienced field supervisor overseeing the operations, at all times, while guards are on duty. This person is not counted as a post and the Township will not be charged for the supervisor as a post, even if they act as a guard during the course of their duties. All supervisors will at a minimum be a certified NJDOT school crossing guard trainer. It will be the responsibility of the field supervisor to ensure that all posts are property staffed where required by the Township of Livingston. Field supervisors are permitted to work a post only on an emergency basis. Supervisors are to be active in the field, and not working a post on a daily basis. The cost for the Field Supervisor(s) shall be included in the hourly rate charged for crossing guard services.

GUARD BACK UP/ALTERNATE

The Contractor shall ensure that adequate employees are available for the backup of any crossing guard shift/location that becomes vacant due to absenteeism. Each alternate guard shall have the same training, equipment, back ground checks, and medical screenings of a traditional daily crossing guard.

POST MANNING & LATENESS

The Contractor shall have crossing guards at all designated posts, a supervisor shall be provided to control the general activities of the school crossing guards and to ensure that each of the designated posts or locations are manned at the time required. Any unmanned posts shall be promptly reported to Livingston Police Headquarters by the supervisor. The supervisor shall maintain a record of attendance, and shall coordinate with the Police Department to share such records.

In the event a post is not manned or the guard arrives late for duty or leaves the post earlier than prescribed, compensation to the Contractor shall be reduced accordingly and the Contractor may be considered in breach of said contract.

Time shall be calculated in 15-minute intervals as it relates to this section.

TWENTY-FOUR HOUR ANSWERING SERVICE

The Contractor shall provide for its employees a 24-hour answering service. The Contractor may setup its own call out procedures, and the information shall be included in the bid response. The contractor shall provide to the Livingston Police Department a 24/7 contact telephone number for the field supervisor of the school crossing guards.

REPORTS

Contractor shall provide the following reports to the Livingston Police.

1. A weekly group time sheet. This report shall include each post location, organized by school district. Identification of the guard assigned to each post, number of hours per day worked on each post during the week and any other pertinent information showing posts were properly staffed. Each report will be completed and reviewed by the Contractor and the Field Supervisor.

2. Master Guard List: This report shall include all crossing guards, their assigned posts, timeframe for the posts, all employees assigned to the Township of Livingston area personnel contact information. This report must be forwarded to the Livingston Police within 24 hours after a change in the information listed above.

3. Student Count Report: A student count…