n brunswick Landscape_Architect.pdf

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Township of North Brunswick

PRO27026

LANDSCAPE ARCHITECT

RELEASE DATE: October 21, 2026 RESPONSE DEADLINE: November 13, 2026, 11:00 am

Please refer to the project timeline in this document for all important deadlines.

Request For Proposal #PRO27026 Title: Landscape Architect

Table Of Contents

1. Notice of Request for Proposals

2. Summary

3. Timeline

4. Scope of Services

5. Submission Requirements

6. Payment Conditions and Rate Schedule

7. Instructions for Request for Proposals and Statutory Requirements

8. Evaluation Critieria

9. Vendor Submission Checklist

Attachments:

A - MANDATORY LANGUAGE

Notice of Request for Proposals Request for Proposals for Professional Services for 2027

The Township is soliciting Proposals from interested persons and/or firms for the provision of professional services listed below. The criteria will be tailored to each proposal under a competitive process to assure that each person and/or firm is provided an equal opportunity to submit a proposal. The selection of proposals will be subject to the provisions of the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq. and to the “New Jersey Local Unit Pay-to-Play”, N.J.S.A. 19:44A-

20.4 et seq.

Notice is hereby given that sealed bids will be received virtually by the Township of North Brunswick, Middlesex County, New Jersey and opened virtually and read at the North Brunswick Municipal Building, 710 Hermann Road, North Brunswick, New Jersey on Friday, November 13, 2026at 11:00 amfor the following:

CONTRACT NO: DESCRIPTION:

PRO27001 Planning Board Legal Counsel PRO27002 Planning Board Consulting Engineers PRO27003 Township Attorney PRO27004 Municipal Prosecutor PRO27005 Public Defender PRO27007 Labor Counsel PRO27008 Bond Counsel PRO27009 Consulting Engineers PRO27010 Municipal Auditor PRO27011 Financial Advisor PRO27012 Tax Appeal Counsel PRO27013 Appraisal services for tax assessments as extraordinary unspecifiable services PRO27014 Water / Wastewater Consulting Services as extraordinary unspecifiable services PRO27015 Risk Management as extraordinary unspecifiable services PRO27016 Environmental Engineer PRO27017 Municipal Architect PRO27018 Mechanical Engineer PRO27019 Wastewater Collection Oversight Consulting Services PRO27020 Zoning Board Consulting Engineers PRO27021 Zoning Board Legal Counsel PRO27022 Planning Board Traffic Engineer PRO27023 Police Accreditation Consulting Services PRO27024 Traffic Engineering services PRO27025 Environmental Legal Services PRO27026 Landscape Architect

PRO27028 Redevelopment Agency Consultant PRO27029 Redevelopment Agency Counsel

2027 Professionals: RFP Opening

Friday, November 13, 2026 11:00 AM - 12:00 PM (EST) https://us02web.zoom.us/j/87327162271?pwd=iCLubTVadUOUsSw4jE5UKnvUbsoTCb.1 Dial-in: 1-929-205-6099 Meeting ID: 873 2716 2271 Passcode: 948860

Bid Documents for the said goods and services were prepared by the Community Developmentand are filed in the office of the Purchasing Agent at 710 Hermann Road, North Brunswick, New Jersey. Documents are also available online at www.northbrunswicknj.gov under “Departments”, “Purchasing” link.

BIDs must be submitted in the manner designated in the Instructions. BIDs must be submitted online ONLY via the link on the Township's website. BIDs must be received by the website's "lockbox"; and submitted by Friday, November 13, 2026at 11:00 amprevailing time.

Respondents are required to comply with the requirements of PL 1975 c. 127. (N.J.A.C. 17:27) and N.J.S.A. 10:5-31 et seq.

The successful respondent shall be required to comply with the provisions of the New Jersey prevailing Wage Act, Chapter 150 of the Laws of 1963, effective January 1,1974.

BY ORDER OF THE MAYOR AND TOWNSHIP COUNCIL OF THE TOWNSHIP OFNORTH BRUNSWICK.

Francis Womack III Mayor

Lisa Russo Municipal Clerk

Summary For the upcoming calendar year it is necessary for the Township of North Brunswick to engage legal, financial, consulting, environmental and engineering professionals and to engage the services of appraisers for tax assessments as an extraordinary unspecifiable service.

Services shall be procured in formal manner under N.J.S.A. 40A:11-4.1a et under both a fair and open and competitive process to assure that each person and/or firm is provided an equal opportunity to submit a proposal.

All of the proposal documents for the aforesaid professional services shall be prepared and published in accordance with N.J.S.A. 19:44A-20.1 et seq. and all such proposals shall be evaluated on the basis of the most advantageous, all factors considered, including, but not limited to: (1) experience and reputation in the profession; (2) knowledge of the subject matter to be addressed under contract; (3) availability to accommodate any required meetings of the Township; (4) and any other factors if demonstrated to be in the best interest of the Township.

Timeline

Resolution authorizing the advertisement for the receipt of bids:

September 28, 2026

Notice of Request for Proposals published:

October 21, 2026

RFP Document Available: October 21, 2026

RFP Reception: November 13, 2026, 11:00am https://us02web.zoom.us/j/87327162271 ?pwd=iCLubTVadUOUsSw4jE5UKnvUbso TCb.1

Dial-in: 1-929-205-6099 Meeting ID: 873 2716 2271 Passcode: 948860

Department/Legal review of proposals received (estimated):

November 14, 2026

Potential Award of Contract : January 4, 2027

Scope of Services

Background

The 12.3 square miles of North Brunswick, a township of approximately 43,905 citizens (U.S. Census Bureau, Census 2020), is comprised of a growing number of residential, industrial and commercial firms, radiating from Route 1 and Route 130 interchange.

The Township operates under a Mayor Council Administrator Plan, created by N.J.S.A. 40:69A-149.1 et seq. Under this plan, the Mayor and six Council Members are elected at partisan elections for terms of four years and three years, respectively. Council terms are staggered; therefore, an election is held annually for the Township.

The Mayor, who has the responsibility of implementing the policies and direction of the Township Council, exercises power over the Township. The Township Administrator functions as the liaison officer between the Township Council, municipal personnel and citizens of the Township. The Township Administrator is also responsible for implementation of administrative and legislative actions of the Mayor and Township Council.

The Public Service and Electric and Gas Co. provides natural gas and electricity. The Township owns its own water utility which provides services to the Township and its own sewer utility through which wastewater is discharged into the Middlesex County Utilities Authority system for final collection, treatment, and disposal.

The Township owns and maintains several municipal facilities including, but not limited to, the Municipal Complex, the Department of Public Works facility, the Parks facility, the Public Library, the Senior Center, and preserved over 175 acres of Open Space land of which is under continuous review and development.

Services

The Township is interested in seeking a professional architectural firm to render those services as necessary and as associated with the position of a Landscape Architect. The Township is launching a new program to redesign several neighborhood islands. The Township is seeking proposals from qualified firms and/or persons to obtain architectural and landscape designs for existing neighborhood islands.

Provide designs as needed for residential areas and public spaces. Provide Architectural advice, assistance and services to the Governing Body, Staff, and all Departments, Committees, Boards and Agencies of the Township, as requested and authorized.

Perform all other Landscape Architectural services that the Governing Body and/or Administrator may determine as necessary for the Township's needs.

Submission Requirements

General Requirements

The proposal submitted by the Respondent must meet or exceed the professional, administrative and financial qualifications set forth in this section herein below and shall incorporate the information requested.

In addition to the information requested as described below, a Respondent may submit supplemental information that it feels may be useful in evaluating its proposal. Respondents are encouraged to be clear, factual, and concise in their presentation of information.

Administrative Information Requirements

The Respondent shall, as part of its proposal, provide the following information:

• An executive summary (not to exceed two (2) pages) of the information contained in all the other parts of the proposal.

• Contact information including name, address and telephone number of the firm or firms submitting the proposal pursuant to this RFP, and the name of the key contact person.

• A description of the business organization (i.e., corporation, partnership, joint venture, etc.) of each firm, its ownership and its organizational structure.

A. Provide the names and business addresses of all Principals of the firm or firms submitting the Qualification Statement. For purposes of this RFQ, "Principals" means person(s) possessing an ownership interest in the Respondent. If the Respondent is a corporation, "Principals" shall include each investor who would have any amount of operational control over the Respondent and every stockholder having an ownership interest of 10% or more in the firm.

B. If a firm is a partially owned or a fully owned subsidiary of another firm, identify the parent company and describe the nature and extent of the parents' approval rights over the activities of the firm submitting a Qualification Statement. Describe the approval process.

C. If the Respondent is a partnership or a joint venture or similar organization, provide comparable information as required in (b) above for each member of the partnership, joint venture or similar organization.

• The number of years your organization has been in business under the present name

• The number of years the business organization has been under the current management.

• A statement that the Respondent is in compliance with all applicable affirmative action (or similar) requirements with respect to its business activities, together with evidence of such compliance.

• Any judgments, within the last three (3) years in which Respondent has been adjudicated liable for professional malpractice. If yes, please explain.

• Whether the business organization is now or has been involved in any bankruptcy or reorganization proceedings in the last ten (10) years. If yes, please explain.

• Confirm appropriate federal and state licenses to perform activities.

• An executed copy of the approved Rate Schedule agreeing to the conditions and amounts

Professional Information Requirements

The Respondent shall, as part of its proposal, provide the following information:

• Respondent shall submit a description of its overall experience in providing the type of services sought in the RFP. At a minimum,the following information on past experience should be included as appropriate to the RFP:

▪ Description and scope of work by Respondent.

▪ Name, address and contract information of references.

▪ Explanation of perceived relevance of the experience to the RFP.

• Describe the services that the Respondent would perform directly.

• Describe those portions of the Respondent's services, if any, that are sub-contracted out.

• Resumes of key employees that will be designated to work with the Township.

• A narrative statement demonstrating the Respondent understands the Township's needs and goals.

• List all immediate relatives of the Principal(s) of the Respondent who are Township employees or elected officials of the Township. For the purposes of the above, "immediate relative" means a spouse, parent, step-parent, brother, sister, child, step-child, direct-line aunt or uncle, grandparent, grandchild, and in-laws by reason of relation.

Payment Conditions and Rate Schedule All services outlined shall be billed monthly at an hourly rate, per Rate Schedule listed below; travel and reimbursements as described below for a total authorization not-to-exceed $10,000 for general consultation services, excluding special projects specialized in nature which funding shall be separately authorized under a contract amendment, for calendar year 2027. Travel time is excluded for the hourly billing rate. Vouchers or invoices may be rendered monthly for services performed. Such billings shall be due when rendered.

Direct charges include disbursements that are actual expenses incurred by the Professional and/or his associated firm in connection with the project may be reimbursed for:

• Out-of-state transportation and subsistence for professional and technical staff.

• Furnishing and maintaining field office facilities when same are authorized and approved by North Brunswick.

• Point-to-point travel at the IRS Standard Mileage Rate (currently $0.72 per mile) not to exceed $50.00 per round trip.

• Payment of permit fees, application fees, review fees and similar charges.

• Messenger service, postage and handling of drawing and specifications, reports, contracts and other bulky items.

The Professional, upon performing services totaling 70% of the encumbered amount whether all such services have been billed or not shall provide the Township with an estimate as to whether additional funds are anticipated to be necessary to conclude the matter. If such additional funds are necessary, the Professional shall provide an estimated amount thereof. Any additional funds necessary to conclude the matter shall be authorized by a new or amended Professional Service Resolution, adopted by the Township Council.

If the Professional determines in accordance with the provisions hereof that, having expended 70% of the encumbered amount that the remaining 30% will be insufficient to complete the tasks set forth in this Agreement, the Professional shall immediately notify the Township Business Administrator and the Township Chief Financial Officer requesting that the Township Council approve an amended Professional Service Budget and Resolution prior to the rendering of any additional services beyond the encumbered amount. The Township shall not be responsible for the payment of any sums in excess of the original encumbered amount unless there has been compliance with this paragraph.

Hourly Rate Schedule to December 31, 2027

Senior Project Manager $ 219.00/hour

Project Manager $ 216.00/hour

Project Leader $ 212.00/hour

Professional Engineer $ 201.00/hour

Senior Project Engineer $ 212.00/hour

Project Engineer $ 178.00/hour

Senior Design Engineer $ 166.00/hour

Design Engineer $ 157.00/hour

Senior Engineering Technician $ 150.00/hour

Engineering Technician $ 116.00/hour

Professional Land Surveyor $ 203.00/hour

Land Surveyor $ 184.00/hour

Robotic Total Station $ 86.00/hour

Party Chief $ 165.00/hour

Survey Technician $ 122.00/hour

Resident Engineer $ 189.00/hour

Chief Construction Engineer $ 189.00/hour

Senior Construction Engineer $ 150.00/hour

Construction Engineer $ 150.00/hour

Chief Construction Technician $ 189.00/hour

Senior Construction Technician $ 150.00/hour

Construction Technician $ 116.00/hour

Technical Assistant $ 155.00/hour

Senior CAD Technician $ 155.00/hour

Licensed Landscape Architect $ 206.00/hour

Senior Landscape Designer $ 187.00/hour

Certified Tree Expert $ 158.00/hour

Landscape Designer $ 150.00/hour

Director of Planning $ 215.00/hour

Professional Planner $ 213.00/hour

Planning Technician $ 152.00/hour

Partner $ 219.00/hour

Principal $ 212.00/hour

Managing Partner/Administrative Partner $ 219.00/hour

Instructions for Request for Proposals and Statutory Requirements It is the intent of the Township to solicit proposals from Respondents that can demonstrate their qualifications in the expertise as detailed within the specifications. Firms and/or persons responding to this RFP shall be able to demonstrate that they will have the continuing capabilities to perform requested services.

Submission of Proposals

Sealed proposals shall be received by the Township of North Brunswick, hereinafter referred to as “owner,” in accordance with public advertisement as required by law.

Sealed proposals will be received by the designated representative at the designated date/time as stated in the Notice of Request for Proposals, and at such a time and place will be publicly opened VIRTUALLY.

As per N.J.A.C. 5:34-5, a vendor's proposal shall be submitted ONLINE ONLY via this ONLINE PLATFORM.

The link to this online platform is located via the Township's website at www.northbrunswicknj.gov.

Proposals must be received by the website's "lockbox" and submitted by the due date/time indicated. No paper proposals shall be accepted.

It is the respondent's responsibility to present proposals to the owner prior to or at the time designated.

Sealed proposals submitted to the "lockbox" before the time of the opening of proposals may be withdrawn online. Once proposals have been opened, they shall remain firm for the period of sixty (60) calendar days.

At the proposal reception, there will be no determination of an award or rejection of proposals after the proposals are opened. Any information divulged at the proposal opening is not a final determination and is subject to the final action of the governing body.

The Purchasing Department has appointed an evaluation committee to assist in the evaluation of the proposals. Committees shall be subject to the following requirements of N.J.S.A. 40A:11-4.1 et seq., and N.J.A.C. 5:34-4 et seq. The names of the individuals who serve as committee members shall not be publicly disclosed until the evaluation report is presented to the governing body. The methodology for the awarding of this contract shall be based on an evaluation and ranking and will include a weighting of criteria, all developed in a way that is intended to meet the specific needs of the contracting unit, and where such criteria shall not unfairly or illegally discriminate against or exclude otherwise capable Respondents. When an evaluation methodology uses a weighting of criteria, the weighting to be accorded to each criterion will be disclosed to Respondents after the receipt of proposals.

More than one proposal from an individual, a firm or partnership, a corporation or an association under the same names shall not be considered.

All prices and amounts must be entered online where designated. Proposals containing any conditions, omissions, unexplained erasures or alterations, items not called for in the proposal form, attachment of additive information not required by the specifications, or irregularities of any kind may be cause for rejection by the owner in accordance with applicable law. Any changes, whiteouts, strikeouts, etc. in the proposal must be initialed in ink by the person signing the proposal.

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

• Proposals by partnerships 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.

• Proposals 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.

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

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

Respondent should be aware of the following statutes that represent "Truth in Contracting" laws:

• N.J.S.A. 2C:21-34 et seq. governs false claims and representations by Respondents. It is a serious crime for the Respondent to knowingly submit a false claim and/or knowingly make material misrepresentation.

• N.J.S.A. 2C:27-10 provides that a public servant commits a crime is said public servant solicits or receives a benefit directly or indirectly, for an official act performed or to be performed by a public servant, which is a violation of official duty.

• N.J.S.A. 2C:27-11 provides that a Respondent commits a crime if said person, directly or indirectly, confers or agrees to confer any benefit not allowed by law to a public servant.

• Respondent should consult the statues or legal counsel for further information.

Pay-to-Play Disclosure - Business entities are advised of their responsibility to file an annual disclosure statement of political contributions with the New Jersey Election Law Enforcement Commission (ELEC) pursuant to N.J.S.A. 19:44A-20.27 if they receive contracts in excess of $50,000.00 from public entities in a calendar year. Business entities are responsible for determining if filing is necessary. Additional information on this requirement is available from ELEC.

Official Requests for RFP packages are available from the owner's website at www.northbrunswicknj.gov at no cost to the prospective respondents. All addenda will be posted on this site as well. Potential respondents are cautioned that they are responding at their own risk if a third party supplied the specifications that may or may not be complete. The owner is not responsible for third party supplied documents. Respondents are urged to register their contact information om the website so any addenda to these specifications can be sent to them.

Interpretations and Addenda

The respondent understands and agrees that its proposal is submitted on the basis of the specifications prepared by the owner. The respondent accepts the obligation to become familiar with these specifications.

Respondents are expected to examine the specifications and related RFP documents with care and observe all their requirements. Ambiguities, errors or omissions noted by respondents should be promptly reported in writing to the appropriate official. Any prospective respondent who wishes to challenge a proposal specification shall file such challenges in writing with the contracting agent no less than three business days prior to the opening of the proposals. Challenges filed after that time shall be considered void and have no impact on the contracting unit or the award of a contract pursuant to N.J.S.A. 40A:11-13.

In the event the respondent fails to notify the owner of such ambiguities, errors or omissions, the respondent shall be bound by the requirements of the specifications and the respondent’s submitted proposal.

No oral interpretation and or clarification of the meaning of the specifications will be made to any respondent. Should revisions to the solicitation documents become necessary, the owner will issue an Addendum via the e-Procurement Portal. The e-Procurement Portal will send an automated email notification to all Respondents on the Followers list. Addenda information will be available to view and acknowledge via the e-Procurement portal. It is the sole responsibility of the Respondent to ensure that they obtain information related to any Addenda and acknowledge any and all Addenda electronically in the Portal as part of their Response. Failure to do so will result in rejection of the Response and a determination as “Non-Responsive.”

Respondents shall submit all inquiries regarding this bid via the e-Procurement Portal, located at https://procurement.opengov.com/portal/northbrunswicknj until NO VALUE on TBD. All answers to inquiries will be posted on the e-Procurement Portal. Respondents may also click “Follow” on this solicitation to receive an email notification when answers are posted. It is the responsibility of the respondent to check the website for answers to inquiries.

All interpretations, clarifications and any supplemental instructions will be in the form of written addenda to the specifications and will be distributed to all prospective respondents. All addenda so issued shall become part of the specification and RFP documents and shall be acknowledged by the respondent in the RFP by completing the Acknowledgement of Receipt of Addenda form. The owner’s interpretations or corrections thereof shall be final.

Pursuant to N.J.S.A. 40A:11-23(c)(1) when issuing addenda, the owner shall provide required notice prior to the official receipt of proposals to any person who has submitted an RFP or who has received an RFP package. It is recommended that respondents include this address in the recipient email’s contact list to ensure it is not routed to a junk email folder. They will be sent from:

▪ TWPNBPurchasing@northbrunswicknj.gov

▪ jprogebin@northbrunswicknj.gov

▪ ssickles@northbrunswicknj.gov,

▪ evonthun@northbrunswicknj.gov

▪ 'OpenGov Procurement'

Discrepancies in Proposals

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

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

Optional Pre-Bid Conference

If a pre-proposal conference is to be held (Check the Timeline and Notice of Request for Proposals), attendance is not mandatory but is strongly recommended. Failure to attend does not relieve the respondent of any obligations or requirements.

Pricing Information for Preparation of Proposals

The owner is exempt from any local, state or federal sales, use or excise tax. The owner will not pay for N.J.

State Sales and Use Tax that are included in any invoices.

Estimated Quantities (Open-End Contracts): The owner 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 N.J.A.C. 5:30-11.2 and 11.10 et seq. NO

MINIMUM PURCHASE IS IMPLIED OR GUARANTEED.

Respondent shall be responsible for obtaining any applicable permits or licenses from any government entity excluding the Township. All bids submitted shall have included this cost. The owner shall waive any municipal fees and permits.

Respondent shall insert prices for furnishing goods and services required by these specifications. Prices shall be net, including any charges for packing, crating, containers, etc. All transportation charges shall be fully prepaid by the contractor, F.O.B. destination and placement at locations specified by the owner, which may require use of a lift-gate vehicle. As specified, placement may require inside deliveries. No additional charges will be allowed for any transportation costs resulting from partial shipments made for the contractor's convenience.

In the event of a public emergency declared at the local, state or federal level prior to the expiration of the contract, if the owner opts to extend terms and conditions of the contract, the contractor agrees to extend the terms and conditions of this specification, whether existing or expiring for no longer than six months, for goods and/or services for the duration of the emergency.

Each proposal and all information required to be submitted pursuant to the proposal shall be prepared at the sole cost and expense of the respondent. There shall be no claims against the owner, its staff or consultants for reimbursement for the payment of costs or expenses incurred in the preparation of the proposal or other information required by the proposal.

Brand Names, Standards of Quality and Performance

Brand names and/or descriptions used in these specifications are to acquaint respondents with the types of goods and services desired and will be used as a standard by which goods and services offered as equivalent will be evaluated.

When a specification uses "brand name or equivalent," the listed brand name shall serve as a reference or point of comparison for the functional or operational characteristic desired for the good or service being requested. Where a respondent submits an equivalent, it shall be the responsibility of the respondent to document the equivalence claim. Failure to submit such documentation shall be grounds for rejection of the claim of equivalence. Company literature will not suffice in explaining exceptions to the specifications.

In the absence of any changes by the respondent, it will be presumed and required that items as described in the specification will be delivered.

In submitting its proposal, the respondent certifies that the goods and services to be furnished will not infringe upon any valid patent or trademark and that the successful bidder shall, at its own expense, defend any and all actions or suits charging such infringement, and will save the owner harmless from any damages resulting from such infringement.

The respondent shall guarantee any or all goods and services supplied under these specifications.

Defective or inferior goods shall be replaced at the expense of the respondent. The respondent will be responsible for return freight or restocking charges.

AMERICAN GOODS AND PRODUCTS ARE TO BE USED WHERE POSSIBLE

Only manufactured and farm products of the United States, wherever available, shall be used pursuant to N.J.S.A. 40A:11-18 et seq.

Method of Contract Award

The length of the contract shall be stated in one or more of following locations: the technical specifications, the proposal page, and the contract agreement. Pursuant to requirements of N.J.A.C. 5:30-

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

Responses should cover all information requested the Vendor Submission Section. Responses which in the judgment of the Township fail to meet the requirements of the RFP or which are in any way conditional, incomplete, obscure, contain additions or deletions from requested information, or contain errors may be rejected

The methodology for the awarding of this proposal shall be based on an evaluation and ranking and will include a weighting of criteria, all developed in a way that is intended to meet the specific needs of the contracting unit, and where such criteria shall not unfairly or illegal discriminate against or exclude otherwise capable Respondents. The weighting to be accorded to each criterion will be disclosed to Respondents after the receipt of the proposals.

A contract will be awarded pursuant to N.J.S.A. 40A:11-4.1 et seq. and N.J.A.C 5:34-4.1 et seq.

(Competitive Contracting Law and Regulations). Two sets of contract forms shall be submitted by the owner to the successful bidder upon award by resolution of the governing body. Once executed, one original set will be returned to the contractor for its records.

The terms and conditions outlined within this RFP package shall become incorporated and made part of the contract agreement. After award, certificates of insurance, bonding and related documents furnished by the respondent shall become incorporated and made part of the contract agreement.

Any vendor exceptions must be formally accepted by the owner; material exceptions shall not be approved.

Causes for Rejecting Bids

Proposals may be rejected for any of the following reasons:

• All proposals pursuant to N.J.S.A. 40A:11-13.2;

• If more than one proposal is received from an individual, firm or partnership, corporation or association under the same name;

• Multiple proposals from an agent representing competing vendors;

• The proposal is inappropriately unbalanced;

• The respondent is determined to possess, pursuant to N.J.S.A. 40A:11-4b, Prior Negative Experience; or,

• Pursuant to N.J.S.A. 40A:11-24b, if the successful respondent fails to enter into a contract within 21 days, Sundays and holidays excepted, the owner may accept the proposal of the next lowest responsible respondent.

Provisions Upon Contract Execution

Both parties agree to comply with all requirements of the Federal Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) as maybe amended from time to time, and the corresponding HIPAA regulations for the confidentiality and security of medical information. If awarded the RFP, the contractor shall:

• Not use or disclose protected health information other than as permitted or required by law

• Use appropriate safeguards to protect the confidentiality of the information

• Report any use or disclosure not permitted

The contractor, by execution of the contract, shall thereby indemnify and hold the owner harmless from any and all liabilities, claims, actions, costs and penalties which may be incurred as the result of the failure of the contractor to comply with the requirements of the Health Insurance Portability and Accountability Act (HIPAA) or any other statute or case law protecting the privacy of persons using its services.

The owner shall retain all of its rights and interest in any and all documents and property both hard copy and digital furnished by the owner to the successful respondent (contractor) for the purpose of assisting the respondent in the performance of this contract. None of the documents and/or property shall, without the written consent of the owner, be disclosed to others or used by the respondent or permitted by the respondent to be used by their parties at any time except in the performance of the resulting contract.

The respondent shall not have the right to use, sell, or disclose the total of the interim or final work products, or make available to third parties, without the prior written consent of the owner. Any information supplied to the owner may be required to be supplied on CD/DVD or USB flash drive media compatible with Microsoft Windows, and Microsoft Office Suite 2010 or greater.

Under state and federal statutes, certain government records are protected from public disclosure. The owner, the contractor and any subcontractors have a responsibility and an obligation to safeguard from public access an employee's personal information with which it has been entrusted when disclosure thereof would violate the employee's reasonable expectation of privacy. All payroll, personnel and health insurance related files are confidential. Additionally, the contractor and any subcontractors may be privy to sensitive law enforcement information or investigations during their review which must remain confidential. The owner retains the right to make any public disclosure under the State of New Jersey’s

Open Public Records Act (N.J.S.A. 47:1A-1 et seq.). Also, among government records deemed confidential are administrative or technical information regarding computer hardware, software and networks that, if disclosed, would jeopardize computer security. The contractor and any subcontractor(s) are prohibited from the sale or distribution of all supplied information to any third party.

Relevant records of private vendors or other persons entering into contracts with the owner as a covered entity are subject to audit or review by the New Jersey Office of the State Comptroller pursuant to N.J.S.A.

52:15C-14(d) et seq. and N.J.A.C. 17:44-2.2 et seq.

The respondent shall maintain all documentation related to products, transactions or services under this contract for a period of five years from the date of final payment. Such records shall be made available to the New Jersey Office of the State Comptroller upon request.

NEW JERSEY WORKER AND COMMUNITY RIGHT TO KNOW ACT

The manufacturer or supplier of chemical substances or mixtures shall label them in accordance with the N.J. Worker and Community Right to Know Law (N.J.S.A. 34:5A-1 et seq., and N.J.A.C 8:59-1.1 et seq.,). All direct use containers shall bear a label indicating the chemical name(s) and Chemical Abstracts Service number(s) of all hazardous substances in the container, and all other substances which are among the five most predominant substances in the container, or their trade secret registry number(s) pursuant to N.J.A.C. 8:59-5. "Container" means a receptacle used to hold a liquid, solid or gaseous substance such as bottles, bags, barrels, cans, cylinders, drums and cartons. (N.J.A.C. 8:59-1.3). Further, all applicable Material Safety Data Sheets (MSDS) - hazardous substance fact sheet - must be furnished. All containers which are stored at an owner’s facilities by the contractor or subcontractors shall display RTK labeling.

Vendors with questions concerning labeling should contact the New Jersey Department of Health and Senior Services Right to Know Program for assistance in developing proper labels.

www.nj.gov/health/workplacehealthandsafety/right-to-know/

Anti Discrimination Provisions

Pursuant to N.J.S.A.10:2-1 et seq., for the construction, alteration or repair of any public building or public work or for the acquisition of materials, equipment, supplies or services the contractor shall agree and comply with the provisions:

• In the hiring of persons for the performance of work under this contract or any subcontract hereunder, or for the procurement, manufacture, assembling or furnishing of any such materials, equipment, supplies or services to be acquired under this contract, no contractor, nor any person acting on behalf of such contractor or subcontractor, shall, by reason of race, creed, color, national origin, ancestry, marital status, gender identity or expression, affectional or sexual orientation or sex, discriminate against any person who is qualified and available to perform the work to which the employment relates;

• No contractor, subcontractor, nor any person on his behalf shall, in any manner, discriminate against or intimidate any employee engaged in the performance of work under this contract or any subcontract hereunder, or engaged in the procurement, manufacture, assembling or furnishing of any such materials, equipment, supplies or services to be acquired under such contract, on account of race, creed, color, national origin, ancestry, marital status, gender identity or expression, affectional or sexual orientation or sex;

• There may be deducted from the amount payable to the contractor by the contracting public agency, under this contract, a penalty of $50.00 for each person for each calendar day during which such person is discriminated against or intimidated in violation of the provisions of the contract;

and

• This contract may be canceled or terminated by the contracting public agency, and all money due or to become due hereunder may be forfeited, for any violation of this section of the contract occurring after notice to the contractor from the contracting public agency of any prior violation of this section of the contract.

Payment

No payment will be made unless duly authorized by the owner’s authorized representative and accompanied by proper documentation.

The owner’s governing body must approve payment of all bills. Council action is taken on a routine basis that includes bi-weekly meetings with the exception of summer months including: June, July and August;

whereby action is taken once a month.

Payment by the owner will be made in accordance with P.L. 2018, c. 127 which amends C.52:32-34 and establishes prompt payment requirements on certain contracts.

Payment by the owner will be made in accordance with N.J.S.A. 2A:30A-1 et seq. which promulgates rules for timely payment to the prime contractor, subcontractor, sub-subcontractor; exceptions, disputes; and resolution.

For construction contracts, claims or disputes pertaining to rates or other compensation for the Contractor shall not delay or affect the continued performance of the contract. All claim disputes shall be in accordance with N.J.S.A. 40A:11-50 et seq.

Invoices shall be issued monthly and specify, in detail, the period for which payment is claimed, the goods received or the services performed during the prescribed period, the amount claimed and correlation between the goods and services claimed and this proposal.

In the absence of prescribed payments as part of the RFP submission, an agreed schedule of values shall be approved between the owner and contractor that shall become part of the contract.

Pursuant to N.J.A.C. 5:30-9A.6 et seq. the Township exercised its discretion to not require claimant certifications for the payment of claims, including goods and services contracts, in accordance with Resolution 116-5.18.

Payment shall be made in accordance with Chapter 6 of the Municipal Code titled “Claims Procedure”.

The owner may withhold all or partial payments on account of subsequently discovered evidence including but not limited to the following:

• Deliverables not complying with the project specification;

• Claims filed or responsible evidence indicating probability of filing claims;

• A reasonable doubt that the contract can be completed for the balance then unpaid.

When the above grounds are removed, payment shall be made for amounts withheld because of them.

Public funds may be used to pay only for goods delivered or services rendered. The owner shall not pay penalties and/or interest on overdue bills unless otherwise required under N.J.S.A. 52:32-35.

No employee is authorized to sign a letter of credit or any other document that represents a legal commitment on the part of the owner to pay additional fees.

Construction Contracts. Claims or disputes pertaining to rates or other compensation for the Contractor shall not delay or affect the continued performance of the contract. All claim disputes shall be in accordance with N.J.S.A. 40A:11-50 et seq.

Termination or Breach of Contract

If, through any cause, the vendor shall fail to fulfill in a timely and proper manner obligations under the contract or if the vendor shall violate any of the requirements of the contract, the owner shall there upon have the right to terminate the contract by giving written notice to the vendor of such termination and specifying the effective date of termination. Such termination shall relieve the owner of any obligation for balances to the contractor of any sum or sums set forth in the contract. Owner will pay only for goods and services accepted prior to termination.

Notwithstanding the above, the vendor shall not be relieved of liability to the owner for damages sustained by the owner by virtue of any breach of the contract by the contractor and the owner may withhold any payments to the contractor for the purpose of compensation until such time as the exact amount of the damage due the owner from the vendor is determined.

The vendor agrees to indemnify and hold the owner harmless from any liability to subcontractors/suppliers concerning payment for work performed or goods supplied arising out of the lawful termination of the contract by the owner under this provision.

In case of default by the vendor, the owner may procure the goods or services from other sources and hold the vendor responsible for any excess cost, or agree on a negotiated liquidated damage amount where it may be difficult to estimate the impact the owner suffered as a related to breach of the contract (N.J.S.A.

40A:11-19).

Continuation of the terms of the contract beyond the fiscal year is contingent on availability of funds in the following year's budget. In the event of unavailability of such funds, the owner reserves the right to cancel the contract. The owner will notify the vendor in writing immediately if this contract will be affected by a shortage of appropriated funds.

It is understood by all parties that if, during the life of the contract, the vendor disposes of his/her business concern by acquisition, novation, merger, sale and or/transfer or by any means convey his/her interest(s) to another party, all obligations are transferred to that new party. In this event, the new owner(s) will be required to submit all documentation/legal instruments that were required in the original proposal/contract. Any change shall be approved by the Owner.

The vendor will not assign any interest in the contract and shall not transfer any interest in the same without the prior written consent of the owner.

Neither party shall be responsible for any resulting loss or obligation to fulfill duties as specified in any of the terms or provisions of the contract if the fulfillment of any term or provision of the contract is delayed or prevented by any revolutions, insurrections, riots, wars, acts of enemies, national emergencies, strikes, floods, fires, acts of God, or by any cause not within the control of the party whose performance is interfered with which by the exercise of reasonable diligence such party is unable to prevent. Additionally, if the fulfillment of any of the terms and provisions of the contract is delayed or prevented by any court order, or action or injunction or other such agreement, the contract shall become voidable by the owner by notice to the parties.

Evaluation Critieria The Township Evaluation Committee will evaluate the proposals based on the following criteria listed in this section.

Each criterion will be weighted by the extent to which the requirements are met and the resultant scores totaled, with 100 being the highest possible score.

The Committee will prepare a report listing the names of all Respondents who submitted proposals, summarizing each proposal, ranking Respondents in order of evaluation, and recommending the selection of a Respondent, indicating the reasons why the Respondent was selected and detailing the terms, conditions, scope of services, fees and other matters to be incorporated into the contract.

No. Evaluation Criteria Scoring Method Weight (Points)

1. Respondent’s understanding of the scope of work and related objectives

N/A N/A

2. Experience and Qualifications of Individual(s) or Team identified to provide service

N/A N/A

3. Respondent’s overall company history and experience with similar services requested

N/A N/A

4. Agreement to Pricing Model N/A N/A

Vendor Submission Checklist The proposal submitted by the Respondent must meet or exceed the professional, administrative and financial qualifications set forth in this RFP and shall incorporate the information requested.

In addition to the information requested, a Respondent may submit supplemental information that it feels may be useful in evaluating its proposal with regards to ability to provide specified services to the Township. Respondents are encouraged to be clear, factual, and concise in their presentation of information.

I certify that I have read, understood and agree to the terms in this solicitation, and that I am authorized to submit this response on behalf of my company.*

Items marked with an asterisk are MANDATORY with RFP submission. Items not marked with an asterisk are not required with submission, however these documents must be submitted before contract award.

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*Response required

Proposal Submission Requirements* For further details please see Section 5 "Submission Requirements".

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Rate Schedule and Payment Conditions* Please download the below documents, complete, and upload.

• RATE_SCHEDULE_AND_PAYMENT_C...

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Statement of Ownership * N.J.S.A.52:25-24.2 et seq. provides that no corporation, partnership, or limited liability company shall be awarded any contract nor shall any agreement be entered into for the performance of any work or the furnishing of any materials or supplies, the cost of which is to be paid with or out of any public funds, by the State, or any county, municipality or school district, or any subsidiary or agency of the State, or of any county, municipality or school district, or by any authority, board, or commission which exercises governmental functions, unless prior to the receipt of the bid or accompanying the bid, of said corporation, said partnership, or said limited liability company there is submitted a statement setting forth the names and addresses of all stockholders in the corporation who own 10 percent or more of its stock, of any class, or of all individual partners in the partnership who own a 10 percent or greater interest therein, or of all members in the limited liability company who own a 10 percent or greater interest therein, as the case may

be. If one or more such stockholder or partner or member is itself a corporation or partnership or limited liability company, the stockholders holding 10 percent or more of that corporation’s stock, or the individual partners owning 10 percent or greater interest in that partnership, or the members owning 10 percent or greater interest in that limited liability company, as the case may be, shall also be listed. The disclosure shall be continued until names and addresses of every noncorporate stockholder, and individual partner, and member, exceeding the 10 percent ownership criteria established in this act, has been listed.

To comply with this section, a vendor with any direct or indirect parent entity which is publicly traded may submit the name and address of each publicly traded entity and the name and address of each person that holds a 10 percent or greater beneficial interest in the publicly traded entity as of the last annual filing with the federal Securities and Exchange Commission or the foreign equivalent, and, if there is any person that holds a 10 percent or greater beneficial interest, also shall submit links to the websites containing the last annual filings with the federal Securities and Exchange Commission or the foreign equivalent and the relevant page numbers of the filings that contain the information on each person that holds a 10 percent or greater beneficial interest.

Please download the below documents, complete, and upload.

• STOCKHOLDER_OR_PARTNERSHIP_...

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Acknowledgement of Receipt or Revisions or Addenda* All addenda issued shall become part of the…