cape may Opportunity__Bid_2026 Spec 25_ParkZooTreeInstall_2026-08-21_150904.pdf
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- Solicitation number
- 2026Spec25
- Issued by
- Cape May County, New Jersey
About this file
This is a sealed bid specification for furnish, delivery, and installation of trees at Cape May County Park & Zoo, issued by the Board of County Commissioners of Cape May County, New Jersey. The project involves supplying and installing 37 trees across multiple locations within the zoo, including American basswood (2), river birch multi-stem (6), willow oak (2), American sycamore (2), tulip poplar (6), thornless honey-locust in two caliper sizes (9 total), and Green Giant arborvitae (10). All trees must comply with ANSI Z60.1 nursery stock standards and ANSI A300 tree care standards. A pre-bid site visit is mandatory, scheduled for Tuesday, August 25, 2026 at 10:00 AM at the Cape May County Park Zoo Main Office located at 707 North Route 9, Cape May Court House, New Jersey 08210. Written questions regarding specifications must be submitted by Wednesday, August 26, 2026 at 4:00 PM to Allison Hansen via email. Sealed bids are due on Wednesday, September 2, 2026 at 2:00 PM prevailing time at the Administration Building, 4 Moore Road, Cape May Court House, New Jersey 08210, where bids will be publicly opened and read. The contract will commence upon execution by the County on or about September 8, 2026 for an initial term of one year, with one optional one-year renewal at the same terms and conditions, provided the County provides ninety days' written notice via certified mail if it does not intend to extend.
All bid prices shall be firm, fixed, and F.O.B. destination to the County's designated location, with the contract awarded on a lump sum basis to the single lowest responsible bidder. The contractor must have a minimum of five years' experience in tree installation and hold current professional certification such as Certified Landscape Technician (CLT) via the National Association of Landscape Professionals (NALP), Certified Nursery Landscape Professional (CNLP) via the New Jersey Nursery & Landscape Association (NJNLA), or Licensed Tree Expert (LTE) certification from the State of New Jersey Board of Tree Experts. The contractor shall maintain comprehensive insurance including general liability ($1,000,000 per occurrence/$2,000,000 aggregate), worker's compensation at New Jersey statutory limits, and automotive liability ($1,000,000 limits), with the County named as additional insured. The contractor guarantees all work with a 24-month warranty period, including quarterly inspections and maintenance, with replacements provided at the contractor's expense for any plantings exhibiting greater than 25 percent dead or unhealthy condition. No bid security or performance bond is required. The County is exempt from all federal, state, local, and use or excise taxes. Contractors must comply with all state and local prevailing wage requirements and maintain current New Jersey business registration and appropriate licenses prior to contract award.
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2026 Specification No. 25
FURNISH, DELIVER, AND INSTALL TREES AT CAPE MAY COUNTY PARK & ZOO
AUGUST 21, 2026
2026 Spec 25 Park Zoo Tree Install Page 1 of 40
DATE OF ADVERTISEMENT
AUGUST 21, 2026
2026 Specification No. 25
ADVERTISEMENT FOR BIDS
BOARD OF COUNTY COMMISSIONERS
CAPE MAY COUNTY – NEW JERSEY
Notice is hereby given that sealed bids, addressed to Clerk of the Board, will be received up to 2:00 pm prevailing time, on WEDNESDAY, SEPTEMBER 2nd, 2026, at which time they will be publicly opened and read in the Caucus meeting room in the Administration Building, 4 Moore Road, Cape May Court House, New Jersey, 08210, for the following:
FURNISH, DELIVER, AND INSTALL TREES AT CAPE MAY COUNTY PARK & ZOO
Bid forms, instructions, specifications, and other bidding documents may be examined or obtained at the Office of the Purchasing Department during normal office hours at the above address or on the County’s procurement portal located at www.capemayprocure.org.
The Board reserves the right to reject any or all bids in whole or in part and to waive such informalities as may be permitted by law.
Respondents are required to comply with the requirements of N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27.
LEONARD C. DESIDERIO
COMMISSIONER DIRECTOR
2026 Spec 25 Park Zoo Tree Install Page 2 of 40
CAPE MAY COUNTY
DOCUMENT CHECK LIST
The following documents must be submitted with the proposal or proposal will be rejected:
1. Proposal Page(s) – MUST BE SIGNED _____
2. Statement of Ownership Disclosure Form – MUST BE SIGNED _____
3. Addendum(s) – MUST BE SIGNED, if issued _____
4. Bid Security _N/A_
5. Consent of Surety _N/A_
The following documents should be submitted with the proposal; however, if your firm is recommended for award, the following forms must be provided with your signed contract:
6. New Jersey Business Registration Certificate _____
7. Licenses/Certification as identified in the Specification _____
8. Certificate of Insurances _____
9. W-9 _____
10. Equal Employment Opportunity – One of the following documents:
a. Letter of Federal Affirmative Action Plan Approval,
b. Certificate of Employee Information Report,
c. Employee Information Report Form AA302 _____
11. Appointment of Process Agent-Service _____
12. Prohibited Activities Certification _____
13. References _____
14. Non-Collusion Affidavit _____
BIDDERS NAME: ____________________________________________________________________
2026 Spec 25 Park Zoo Tree Install Page 3 of 40
INSTRUCTIONS TO BIDDERS
1. General Information: This Bid is being issued pursuant to N.J.S.A. 19:44A-20.4, et seq.
“Fair and Open,” and shall be awarded pursuant to N.J.S.A. 40A:11-1, et seq. The contents of the bid submitted by the successful Contractor and this specification shall become part of the contract for these goods/services, and the contents of this specification shall be controlling if conflicting terms are contained in the bid submission, unless specifically, and affirmatively agreed to in writing by the County. The successful Contractor will be expected to execute said contract with the County of Cape May within twenty-one (21) days, pursuant to N.J.S.A. 40A:11-24(b).
2. Submission of Bids: Sealed Bids shall be returned in an envelope and Bidders shall write their Name, Address, Bid Number, and Bid Title on the front of the envelope. The County of Cape May (hereinafter the “County”) assumes no responsibility for a Bid opened in error due to improperly marked envelopes. Bids shall be forwarded to the attention of Kevin R.
Lare, Administrator/Clerk of the Board, 4 Moore Road, Cape May Court House, NJ 08210.
a. A Bid cannot be withdrawn after the expiration of the time established for receiving Bids, nor can any changes in price or other substantive details be made by letter, electronic mail, telephone, or verbal statement.
b. It is the Bidder’s responsibility to ensure that Bids are presented to the County on the hour and at the place designated herein. Bids may be hand delivered, mailed, or sent express carrier. The County assumes no responsibility for Bids forwarded by mail or express carrier. Bids received after the designated time and date will be returned, unopened, to the Bidder.
c. Bids must be signed in ink by a duly authorized official and only original signatures will be accepted. Any Bid showing any erasure/alteration must be initialed in ink by the Bidder.
d. The County shall not be responsible for any expenses incurred by any firm in preparing or submitting a Bid. All Bids shall provide a straight-forward, concise delineation of the firm’s capabilities to satisfy the requirements of this Bid. Emphasis should be on completeness, cost, and clarity of content.
e. Bidders shall furnish one (1) signed original Bid Proposal, clearly labeled as ”Original” on the front of the bid, one (1) Copy; and one (1) Electronic Copy, in PDF format in a USB Flash Drive of the completed Bid Proposal, delivered by 2:00 P.M. prevailing time, on WEDNESDAY, SEPTEMBER 2nd, 2026. PDF files via e-mail will not be accepted.
3. Choice of Law: The laws of the State of New Jersey (without giving effect to its conflicts of laws principles) govern all matters arising out of or relating to this Agreement, including, without limitation its validity, interpretation, construction, performance, and enforcement.
4. Designation of Venue: Any party bringing a legal action or proceeding against any other party, arising out of or relating to this Agreement, shall bring the legal action or proceeding in the Superior Court of New Jersey-Law Division sitting in Cape May Court House, New Jersey.
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5. Waiver to Contest Jurisdiction: Each party waives, to the fullest extent permitted by law:
a. Any objection which it may now or later have to the laying of venue of any legal action or proceeding arising out of or relating to this Agreement brought in the Superior Court of New Jersey-Law Division sitting in Cape May Court House, New Jersey.
b. Any claim that any action or proceeding brought in such court was brought in an inconvenient forum.
6. Record Retention: Pursuant to N.J.S.A. 52:15C-14(d), relevant records of private vendors or other persons entering into contracts with the County are subject to audit or review by the New Jersey Office of the State Comptroller. Therefore, the Contractor 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.
7. Bid Evaluation: All Bids shall be evaluated by the County Purchasing Agent for determination of award in the best interests of the County of Cape May.
8. “PAY-TO-PLAY” – NOTICE OF DISCLOSURE REQUIREMENTS – P.L. 2005, C.271,
SECTION 3: The Bidder is hereby advised of the responsibility to file an annual disclosure statement on political contributions with the New Jersey Election Law Enforcement Commission (“ELEC”) pursuant to N.J.S.A.19:44A-20, et seq., if the Bidder receives contracts in excess of $50,000.00 from public entities in a calendar year. Annual Disclosures require submission by March 30th, of each year, covering contracts and contributions for the prior calendar year. It is the Bidder’s responsibility to determine if filing is necessary. Additional information on this requirement is available from ELEC at www.elec.state.nj.us or by calling 1-888-313-ELEC. Bidder acknowledges that they meet the Notice of Disclosure Requirements with any prior year and resultant contract for the term (inclusive of optional extension years).
9. Pricing and Proposal: All Bid prices shall be F.O.B. DESTINATION, to the County’s designated location(s), and shall be firm and binding for the duration of the contract term, unless stated otherwise within these specifications and shall be listed in the appropriate space(s) provided on the Proposal Pages. Failure to list pricing, or to properly complete and execute the Proposal Pages, shall constitute a fatal defect, which can neither be cured, nor waived and shall render the proposal unresponsive pursuant to N.J.S.A. 40A:11-23.2 et seq.
10. Award of Contract: The Contract shall be awarded on a firm-fixed price basis to the single lowest, responsible Bidder with the lowest lump sum.
11. Term of Contract: The initial term of the contract shall be for one (1) year commencing, upon execution by the County, on or about SEPTEMBER 8th, 2026. Furthermore, pursuant to N.J.S.A. 40A:11-15, there shall be an option for One (1) additional One (1) year options, at the same terms and conditions. This contract extension shall automatically take effect, unless the County notifies the vendor in writing of its intent not to extend, for the additional contract terms. Said notice shall be sent Certified Mail, Return Receipt Requested, via U.S.
2026 Spec 25 Park Zoo Tree Install Page 5 of 40 mail and shall be received by the vendor no later than ninety (90) days prior to the expiration of the existing contract term.
12. Incorporation by Reference: The final Contract shall include all terms and conditions contained within this bid, the bid of the successful Bidder, and any modifications or exceptions affirmatively agreed to by the County as set forth herein (collectively, “Contract Documents”). Any modifications or exceptions to the bid requested must be submitted by a Bidder prior to the date proposals are due as a question for which the County will prepare an Addendum. Any Bidder initiated modifications or exceptions shall not become part of the Contract unless specifically and affirmatively agreed to in writing by the County through a properly noticed and issued Addendum. Bids that include material deviations from the bid not accepted by way of an Addendum shall be rejected.
The Bidder shall be responsible for raising any modifications or exceptions during the period for questions and prior to the due date of the bid and removing any conflicting terms from its bid. By way of further clarification, exceptions must be submitted by the Bidder prior to receipt of bids and will not become part of the Contract unless specifically and affirmatively agreed to in writing by the County by way of a properly noticed and issued Addendum to this bid. Further, it is the Bidders responsibility to ensure any exceptions are submitted and accepted by the County prior to submission of bids; any exceptions noted and found in a submitted bid which are material deviations from the bid shall necessarily result in rejection of the bid.
13. Orders: Orders shall be placed as needed. No deliveries are to be made unless released by a duly authorized County Purchase Order.
14. Questions: Questions regarding these specifications must be directed in writing to Allison
Hansen via email at Allison.Hansen@capemaycountynj.gov. Deadline for questions is WEDNESDAY, AUGUST 26th, 2026 @ 4:00 P.M.
15. Bid Results: Award results are posted on the Procurement Portal on the County’s website at: www.capemayprocure.org.
16. Postponement or Addenda: The County reserves the right to postpone the date and time for submitting and opening of Bids, or to revise the specifications and will give written notice of any such postponement, or revisions via addendum pursuant to the Local Public Contracts Laws, N.J.S.A. 40A:11-23(c)(1). If an addendum is issued, it must be signed and returned with your Bid Proposal. All addenda will be posted on the portal at www.capemayprocure.org should any be issued.
17. Bid Security: N/A
18. Performance Bond: N/A
19. Taxes: The County is exempt from all Federal, State, and Local Taxes and, Use or Excise
Taxes.
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20. Non-Collusion: By submission of a Bid proposal, the Bidder certifies, under penalty of perjury, that to the best of their knowledge the Bidder has not, directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free, competitive proposals in connection with the said project; and that all statements contained in said Bid proposal are true and correct, and made, with full knowledge that the State of New Jersey relies upon the truth of the statements contained in the said Bid proposal, and in the statements contained in awarding the contract for the said project. The Bidder further warrants that no person, or selling agency, has been employed or retained to solicit or secure such contract, upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, except bona fide employees or bona fide established commercial or selling agencies maintained by the Bidder.
21. Withdrawal of Bids: A written request for the withdrawal of a Bid will be granted by the
County Purchasing Agent if the request is received prior to the designated date and time for the opening of Bids. No Bid may be withdrawn during the sixty (60) day period after receipt and opening of Bids, pursuant to N.J.S.A. 40A:11-24(a).
22. Availability of Funds: The County is subject to the NJ Local Public Contracts Laws, N.J.S.A.
40A:11-1, et seq., which mandates that the award of all contracts shall be subject to the availability and appropriation of sufficient funds annually.
23. Additions/Deletions: The County reserves the right to add and/or delete items to this contract, if the change does not exceed 20% of the annual spend of the previous year.
Should an addition or deletion occur during the term of this contract, an amendment will be issued by the County, upon authorization by the governing body, and the Contractor shall sign, to execute the change.
24. Subcontractors: All Bidders must supply the names of any subcontractor(s) and identify the portion of the project being performed by employees of the subcontractor(s). Full disclosure of all subcontracting units shall include name, address, and resume of the entity performing the work.
25. Tie Bids: In the event of a tie Bid, the County reserves the right to award, at its sole discretion, to any one of the tied Bidders, in the best interests of the County.
26. Equivalent Products/Services: Pursuant to N.J.A.C. 5:34-9.2(c), 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 bidder submits an equivalent, it shall be the responsibility of the bidder to document the equivalence claim. Failure to submit such documentation shall be grounds for rejection of the claim of equivalence.
27. Patents/Trademarks: In submitting its Bid, the Bidder certifies that the goods/services to be furnished will not infringe upon any valid patent or trademark, and that the successful Bidder shall, at its own expense, defend the County, in any and all actions or suits, charging
2026 Spec 25 Park Zoo Tree Install Page 7 of 40 such infringement, and will save the County harmless from any damages resulting from such infringement.
28. American Goods: Pursuant to N.J.S.A.40A:11-18, only manufactured and farm products of the United States, where available, shall be used.
29. Product Guarantee: The Contractor shall guarantee any and all goods supplied under these specifications. Defective and/or inferior goods shall be replaced at the expense of the Contractor. In this instance, the Contractor shall be responsible for any return freight and/or restocking charges.
30. 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 Law (N.J.S.A.34:51, 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”), aka Hazardous Substance Fact Sheet, must be furnished.
31. Irregularities: The County reserves the right to accept or reject any or all Bids, to waive identified irregularities and technicalities, and to award to the lowest responsible, Bidder, in the best interests of the County.
32. Assignment: The Contractor shall not assign, transfer, convey, sublet, or otherwise dispose of the contract or any part thereof to any other party without the written consent of the County.
33. Default: In the case of default by the Contractor, the County reserves the right to procure the goods/services required from other sources, at the County’s discretion, and to hold the Contractor responsible for any excess costs occasioned thereby.
34. Safety: The Contractor shall comply strictly with all posted traffic, safety signs, and regulations while on County property.
35. Americans with Disabilities Act: Bidder is obligated to comply with the Act of 1990.
36. Prohibited Activities Certifications: P.L. 2022, c.3; P.L. 2012, c.25; N.J.S.A. 52:32-55 et seq.; and N.J.S.A. 40A:11-2.1, prohibits the award, renewal, amendment, or extension of State and Local public contracts with persons or entities engaging in prohibited activities in Russia or Belarus and prohibits the award or renewal of State and Local public contracts with persons or entities engaged in certain investment activities in the energy or finance sectors of Iran. Before a contract can be entered into or renewed, vendors and contractors must certify that neither they nor any parent entity, subsidiary, or affiliate is listed on the New Jersey Department of the Treasury’s list of entities determined to be engaged in prohibited activities in Russia or Belarus pursuant to P.L. 2022, c. 3 (“Russia-Belarus list”) or in Iran pursuant to P.L. 2012, c. 25 ("Chapter 25 list").
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37. Public Employees Occupational Safety and Health Act: Contractor shall be required to comply with all applicable provisions of the N.J. Public Employees Occupational Safety and Health Act (N.J.A.C. 34:6A-25), when providing materials, supplies or services as part of the contract.
38. Statement of Ownership Disclosure Form: This form, as provided herein, must be completed, signed, and returned with this Bid. Failure to submit an executed copy is a fatal defect that cannot be cured nor waived.
39. New Jersey Business Registration: Bidders are advised that they are required to be registered with the New Jersey Division of Taxation, and to comply with all New Jersey Tax Laws. Bidders must furnish a copy of their State of New Jersey Business Registration Certificate before a contract is authorized, and preferably with this Bid submittal. Failure to provide a NJ Business Registration Certificate before the contract is authorized shall cause rejection of Bid. To register, go to the Division of Revenue website:
www.nj.gov/treasury/revenue/taxreg.htm.
40. W-9: Successful respondent shall complete a W-9, and submit to the Purchasing
Department prior to contract award. The form is available at the following link:
http://www.irs.gov/pub/irs-pdf/fw9.pdf.
41. References: On the EXPERIENCE STATEMENT, provided herein, all Bidders shall list no fewer than three (3) references for similar contracts.
42. Licensure: The Contractor shall have and maintain all proper licenses and meet the requirements of minimum wage and hour laws, and all other Federal, State, or Local laws and regulations.
43. Criminal Background Check: Contractor is responsible for performing an Employee
Criminal History Background Check for their employees that will be entering onto County property, to perform the contracted services. Contractor’s employees must not have had any criminal convictions within the past seven (7) years.
44. Award/Reject Proposals: Pursuant to N.J.S.A. 40A:11-24(a), the Cape May County Board of Commissioners reserves the right to consider the Proposals for sixty (60) days after the receipt thereof; and further reserves the right to reject any and all Proposals, waive informalities, make such awards, or take action as may be in the best interest of the County.
45. Irrevocable Proposal: Proposals are irrevocable by the subscriber, or his/her/ their or its personal or legal representatives. Said Proposal and award there under is made to the subscriber by the County and shall bind the subscriber, his/her/their or its heirs, executors, administrators, successors, or assigns.
46. Deviations from the Specifications: In addition to the above requirements, all deviations from the specifications must be noted in detail by the Bidder in writing at the time of the submittal of the formal bid. The absence of a written list of specification deviations at the
2026 Spec 25 Park Zoo Tree Install Page 9 of 40 time of submittal of the bid will hold the Bidder strictly accountable to the County for furnishing material(s), equipment or services in full accordance with the specifications as written and will be grounds for rejection upon delivery of any item(s) not fully meeting specifications.
47. Independence of Firm: It is expressly agreed by the parties the Bidder is at all times hereunder acting and performing as an independent firm to coordinate the provision of goods and/or services within the scope of the authority conferred by this contract.
48. Cape May County Policy: Bidder shall adhere to all County personnel policies (including but not limited to harassment, affirmative action, and discrimination) or provide policies regarding same.
49. Citizenship: Contractor shall have verification of citizenship for all staff members and maintain files of lawful documentation and permits required by the Immigration and Control Act of 1986.
50. Exceptions: Any and all exceptions to any part of the requirements, specifications, or
Statements contained in this document must be fully disclosed by the Vendor at the time of the proposal submission. Each exception shall be detailed, list the section and page number for reference. Failure to list exceptions and receive written acceptance of same from the County shall be deemed as acceptance of all terms and conditions contained herein. All exceptions must be listed on a separate sheet of paper and clearly labeled as such.
51. Statutory Requirements: All Proposals must comply with the provisions mandated by applicable Federal Law and NJ State Statutes, including provisions mandating the provision of goods and/or services as delineated in this specification. Additionally, Firm shall comply with all professional codes of conduct governing their profession and practice.
52. Confidential and Proprietary Designation: Subsequent to the Bid opening, all information submitted by Bidders, subsequent to an award of contract, in response to the Bid solicitation is considered public information, except as may be exempted from public disclosure by the Open Public Records Act (“OPRA”), N.J.S.A. 1A-1, et seq. and the common law. A Bidder may designate specific information as not subject to disclosure when the Bidder has a good faith legal/factual basis for such assertion. To assist the County’s determination on a claim of confidentiality or protection under OPRA and/or the common law, a Bidder must clearly identify such information and address the following points to substantiate the confidentiality claim on the information:
a. The extent to which the information is known outside the Bidder’s business.
b. The extent to which it is known by employees and others involved with your business.
c. The extent of the measures taken by your firm to guard the secrecy of the information.
d. The value of the information to your firm and your competitors.
e. The amount of effort or money expended by your firm in developing the information.
f. The ease or difficulty with which the information could be properly acquired or duplicated by others.
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Also, the Bidder must commit, in writing, to assist the County’s effort to protect the confidentiality of the documents and/or information should there be an OPRA request for disclosure, or a challenge to the confidentiality of the documents/information determined to be confidential by the County. The County reserves the right to make the determination and shall so advise the Bidder. The location in the Bid proposal of any such designation should be clearly stated in a cover letter. The County will not honor attempts by Bidders to either designate their entire Bid proposal as proprietary and/or to claim copyright protection of their entire Bid. Therefore, the Bidder must withdraw the confidentiality request or withdraw the Bid.
53. Termination for Cause: The County reserves the right to terminate the contract for any breach set forth above, as well as, but not limited to, the following:
a. Insufficient or outdated Insurance coverage.
b. For non-performance, deficient services, and/or a breach of any material term or condition of the contract.
c. Failure to comply with Federal, State, County, local and/or professional laws, ordinances, rules, regulations, codes and/or requirements.
d. Failure to pay revenue to the County.
The County shall provide the Contractor with written notice of any breach of contract or non-compliance within twenty (20) days via written notice. If the Contractor fails to correct all cited deficiencies within the twenty (20) days, the County shall have the right at its sole discretion to terminate the contract. The Contractor shall be paid for all services provided as of the termination date. No consideration shall be given for loss of anticipated revenue on the cancelled portion of the contract.
The County’s right to terminate for breach of contract shall be in addition to any other remedy provided by law and shall not be the sole remedy available to the County.
54. Insurance and Indemnification Requirements: The Contractor shall, for the full duration of the contract, maintain current insurance as listed:
a. General Liability at $1,000,000.00 per occurrence/$2,000,000.00 aggregate for bodily injury and property damage.
b. Worker’s Compensation at NJ Statutory limits.
c. Automotive Liability at $1,000,000.00 limits.
d. The County of Cape May and the Cape May County Board of Commissioners shall be named as additional insured parties. The Contractor(s) coverage shall be primary to the County, and not be contributing with any other insurance available to the County, regardless of whether any other insurance is primary, contributing, or excess. The County shall be given thirty (30) days written notice of cancellation and said notice must be reflected on the certificate of insurance. The Contractor(s) shall provide copies of all current Insurance Certificates to the County prior to execution of the contract. The Contractor is solely responsible for payments of any deductible associated with any insurance policy.
e. The Contractor shall defend, indemnify, and hold harmless the County, the Cape May County Board of Commissioners, their agents, officers, and employees from any claims, suits, losses, liabilities, actions, damages, costs, and expenses of any nature
2026 Spec 25 Park Zoo Tree Install Page 11 of 40 whatsoever, whether for personal injury, property damage, or other liability arising out of or in any way connected with any of the Contractor’s obligations under this contract.
55. Payment & Partial Payments: In order for payment, the vendor must return the purchase order that has been properly executed and originally signed. Attached shall be the vendor’s invoice for goods or services rendered. No payment will be made unless duly authorized by the Owner’s authorized representative and accompanied by proper documentation.
Failure to follow these instructions shall result in the delay in the timely processing of invoices for payment.
a. The Vendor's attention shall specifically be called to the fact that no payment shall be rendered until such time that the goods and/or services have been delivered and/or incorporated and the work product has been inspected and engineered, installed, or constructed to the satisfaction of the County.
b. The County may withhold payment, due to subsequently discovered evidence, nullifying in whole or part any payment certificate, to such extent as may be deemed necessary to protect the County, including for, but not limited to, the following causes:
i. Defective work not corrected.
ii. Claims filed or responsible evidence indicating probability of filing claims.
iii. Known failure of the Vendor to make payments properly to Subcontractors or for materials or labor.
iv. A reasonable doubt that the contract can be completed for the balance then unpaid.
v. For damages to another Vendor, agency, governing body, corporation, or person.
vi. When the above stated liens and/or grounds are resolved to the satisfaction of the
County payment shall be made for the amounts that were withheld because of them.
c. The Vendor shall be paid in monthly installments, approximate estimates for the work satisfactorily completed, properly invoiced, and approved by County.
d. The Vendor, if submitting for partial payments for materials suitable for use in the execution of the contract, the person providing the materials furnishes releases of liens for the materials at the time each estimate of work is submitted for payment.
e. The Vendor acknowledges that the Cape May County Board of County Commissioners votes on all authorizations for each periodic payment, final payment, and/or retainage amounts.
f. From the total amount ascertained as payable, an amount equal to two (2) percent of the amount due of each estimate will be deducted and retained by the County pending final completion and acceptance of all work covered by this contract.
g. At the regular meeting of the Cape May County Board of County Commissioners, the County may make partial payment to the Contractor on the basis of a duly certified and approved estimate of the work performed. The check of the approved partial payment amount due will be mailed by the County Treasurer’s Office typically on the Monday following the County Commissioners’ meeting in which the payment was approved.
Under no circumstances will the checks be picked up in person or sent by any means other than the regular delivery of the U.S. Mail. The Board of County Commissioners meets twice a month, typically on the second and fourth Tuesdays of the month.
h. Final payment will not be made until all provisions of the contract documents are met.
2026 Spec 25 Park Zoo Tree Install Page 12 of 40
56. Pre-Bid Site Visit: A site visit will be held on TUESDAY, AUGUST 25th, 2026 @ 10:00 AM at the Cape May County Park Zoo Main Office located at 707 North Route 9, Cape May Court House, NJ 08210. Bidders are strongly advised to attend. No special considerations will be made at time of receipt of bids nor during the award of contract for those who do not attend.
2026 Spec 25 Park Zoo Tree Install Page 13 of 40
TECHNICAL SPECIFICATIONS
FURNISH, DELIVER & INSTALL TREES AT CAPE MAY COUNTY PARK AND ZOO
A. INTENT
The Cape May County Park and Zoo (hereinafter “Park and Zoo”) is seeking bids for the supply, delivery, and installation of trees. The work to be performed under this proposal shall include all labor, materials, tools, and equipment necessary for the furnishing, installation, and maintenance of the trees. Trees shall be planted as directed and approved by the Director of the Park and Zoo or Designated Representative (hereinafter “Director/Designated Representative”) and in accordance with the specifications and plan set detailed within.
B. PROFESSIONAL STANDARDS AND QUALIFICATIONS
1. The Contractor shall ensure that all work is supplied, delivered, and installed pursuant to the requirements of the bid. The Contractor’s work shall conform to accepted horticultural practices in accordance with ANSI Z60.1 American Standard for Nursery Stock and arboricultural practices in accordance with ANSI A300 Tree Care Standards in coordination with the Director/Designated Representative.
2. The Contractor must be qualified to complete the work identified in the bid and specified by the project designer. A qualified Contractor shall be one with a minimum of five (5) years’ experience in tree installation and whose work on projects of similar scale, scope, and type has routinely resulted in the successful establishment of trees consistent with those projects as designed.
3. The Contractor shall be a member in good standing with the National Association of Landscape Professionals (NALP) and/or the New Jersey Nursery & Landscape Association (NJNLA) and possess a current, valid Certified Landscape Technician (CLT) certification via the NALP or a current, valid Certified Nursery Landscape Professional (CNLP) certification via the NJNLA, or the contractor shall be certified in good standing by the State of New Jersey Board of Tree Experts as a Licensed Tree Expert (LTE) whose State license is current and valid.
C. SCOPE OF WORK
1. The Contractor’s work shall consist of:
a. Commissioning and completing pre-installation, and during the warranty period, soil testing of on-site soils within all tree planting areas by a qualified soil-testing laboratory to assess the soil types, textures, porosity, fertility, organic matter content, and provide recommendations for soil treatments and amendments to be incorporated to produce satisfactory planting soils suitable for healthy, viable tree growth, including at a minimum, appropriate nitrogen, phosphorous and potassium fertilization, and for micronutrients.
b. Inspection of the areas to receive tree plantings to verify actual grade elevations, obtain service and utility locations via mark-out(s), locate irrigation sources, note construction area conditions, and establish compliance with the requirements and circumstances affecting installation and performance of the work.
c. Preparation of areas for tree planting, including evaluation of the physical soils for evidence of unacceptable materials (e.g., concrete/masonry fragments, building debris, petroleum chemicals, contaminant chemical compounds, extraneous debris harmful to
2026 Spec 25 Park Zoo Tree Install Page 14 of 40 plant growth) and poor soil constituents (stones, rocks, roots, sod, clay nodules, gravelly or course sandy inclusions that exceed 10% of soil volume or 2 inches in any dimension).
d. Protection of existing on-site vegetation and project planting areas from damage, compaction, disturbance, ponding, erosion, and contamination.
e. Inspection of specified tree plantings to ensure high-quality tree stock for optimal project outcomes.
f. Furnishing labor, specified trees and accessory materials, equipment, incidentals, planting/care, watering, and replacements/repairs as applicable.
g. Maintenance-care of plantings until acceptance by the Director/Designated Representative, as specified herein.
h. Clean-up and restoration of any disturbed areas to the condition prior to the Contractor's operations.
2. If the specifications conflict with the project designer planting plans, the plans shall prevail.
D. PERSONNEL
1. The Contractor shall ensure that its project supervisor is on-site and actively overseeing the specified work while such work is in-progress. The Contractor’s project supervisor shall be certified by and a member in good standing in at least one of the above-referenced professional organizations or hold licensure in the State of New Jersey as an LTE.
2. All of the Contractor’s on-site personnel will be properly supervised by the Contractor’s project supervisor in a manner that assures that the project site is protected from damage, that the safety of all personnel and the public is protected, and that all contract work is completed in a professional manner and according to accepted ANSI Z60.1 American Standard for Nursery Stock and ANSI A300 Tree Care Standards.
E. WARRANTY
1. The Contractor shall guarantee its work beginning on the date of acceptance by the County.
This warranty by the Contractor shall cover the repair or replacement of tree plantings and accessories that fail in materials, workmanship, or growth within the specified warranty period of twenty-four (24) months.
2. The Contractor shall complete at a minimum, quarterly inspections to ensure that its work and the tree plantings remain in good standing and health during the warranty period.
3. Contractor shall submit quarterly inspection reports to the Director/Designated Representative; the reports shall be dated/signed and detail observed conditions, confirm compliance with planting and maintenance specifications, and identify any remedial actions to be completed by the Contractor to ensure the health and long-term viability of the tree plantings.
4. The warranty period for replaced tree plantings and accessory materials shall be extended for a period equal to the original warranty period.
5. Tree planting failures include but are not limited to: tree death and/or unsatisfactory growth, except for defects resulting from damage caused by the owner; structural failures, including tree plantings falling over or wind-thrown; damage from tree planting operations; faulty performance of tree stabilization measures; use of substandard materials; and deviations from this specification.
6. The Contractor shall complete remedial actions immediately following failure and upon consultation with the Director/Designated Representative, submitting details of proposed actions for review and approval, removing dead or degraded tree plantings, completing pruning or repairs as approved, and install tree replacements unless required to do so in the succeeding planting season.
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7. The Contractor shall remove and replace tree plantings that exhibit greater than twenty-five
(25) percent dead or unhealthy condition during the warranty period, unless otherwise agreed upon in writing by the Director/Designated Representative. Replacements shall be the same size, genus, species, and cultivar as those being replaced unless a substitution is agreed upon by the County.
8. The Contractor shall be liable for any damage to property caused by its operations and in the event of damage, it shall, at its own expense, restore all disturbed or damaged areas to the original condition. All materials, equipment and personnel shall be confined to the work area defined by the Director/Designated Representative.
F. SCHEDULING OF WORK, PLANTING PERIODS, & SOIL/WEATHER CONDITIONS
1. The Contractor shall submit a proposed work schedule to the Director/Designated Representative for approval at least fourteen (14) days prior to any tree planting operations.
The Contractor shall include the results of the soil testing and a statement of soil amendments to be completed during planting, along with the planting schedule, for review and approval by the Director/Designated Representative. After the schedule is accepted, no modifications will be permitted without written authorization from the County.
2. The Contractor shall arrange to confine its operations to normal working hours as specified by municipal ordinance and no work will be permitted on Sundays or holidays without written authorization from the Director/Designated Representative.
3. Generally acceptable planting seasons for tree installation shall extend from March 15th through June 15th and September 15th through November 15th, with special attention being given to species which may be fall planting hazards.
4. Planting shall be performed when soil conditions are suitable and provided that existing and forecasted weather conditions permit planting to be performed by the Contractor when beneficial and optimum results may be obtained. The Contractor shall suspend planting operations during periods of excessive soil moisture or, conversely, drought until moisture content reaches acceptable levels to attain optimal planting results.
G. PROTECTION OF UTILITIES, EXISTING SITE FEATURES, & TRAFFIC SAFETY
1. Prior to any excavation or the driving of stakes into the ground, the Contractor shall ascertain and arrange for mark-out of subsurface utilities location(s). The Contractor shall take proper precautions not to disturb or damage any subsurface utilities, including existing underground electrical service/conduit and irrigation lines within or in the vicinity of the planting pits. Utility mark-outs will be arranged by the Contractor with the appropriate utility(s)/entity(s), which may also include but not be limited to municipality, county, and or state/federal entities depending on location of plantings.
2. In the event that any subsurface utilities are uncovered or damaged, the Contractor shall immediately notify the Director/Designated Representative so that the contract work may be relocated or stopped until the damage can be repaired. The Contractor shall be financially responsible for any damage to utilities and structures and shall properly maintain the protection of same.
3. Prior to planting, all existing plant material, natural features, other vegetation, existing utilities, structures, sidewalks, pavements, and site improvements shall be protected from equipment by a four (4) foot high self-supporting, protective barrier, placed outside the vegetation dripline of the existing improvements’ limits. The fencing shall be monitored and maintained by the Contractor while in place. It shall be removed only after all earth-moving, tree planting activities, and final inspections are completed.
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4. The Contractor’s equipment operators, subcontractors, and nursery personnel shall not damage tree trunks, stems, branches, and root systems during the handling and installation of plant material and/or by operating machinery over the root zones of existing or newly planted vegetation.
5. The Contractor shall secure any necessary permits and/or approvals from the necessary authority(s) prior to planting activities along roadways, and shall be responsible for any signage, cone placement, and traffic controls deemed necessary by the prevailing authority(s).
H. PREPARATION & LAYOUT
1. Invasive species that can hinder the establishment of specified trees shall be controlled in a large enough area around the plant to ensure competition does not adversely impact the plantings’ survival. Any prescribed invasive vegetation species removals shall be completed with caution and under the direction of the Director/Designated Representative to limit impacts and preserve existing native vegetation. Authorized invasive vegetation species removals shall be completed by hand weeding/mechanical removal or cutting the trunk/stem at or slightly above the ground surface with the roots left in place, or limited application of EPA-registered and approved chemical controls (pesticides and/or herbicides) only by a licensed professional and only after consultation with and written confirmation by the Director/Designated Representative. Any pre- or post-emergent chemical control applications, if approved be the Director/Designated Representative, shall be applied in a manner consistent with the label and shall only target the undesirable plants.
2. All specified trees shall be located as shown on the plans supplied by the Director/Designated Representative. In case of discrepancy between the number of plantings on the plant list and actual number of plants on the plan, the number of plants on the plan shall prevail. Should the Contractor encounter obstructions or limiting conditions of any nature, the Contractor shall notify the project designer/designated owner representative who will then evaluate the need for adjustments. All adjustments to the plan must be authorized in writing.
3. The Contractor shall layout and mark the intended location of each specified planting location for review and confirmation by the project designer/designated owner representative or their designee in accordance with the project plans. The marking and layout work shall be done sufficiently in advance of planting to avoid delays and provided adequate notice of the planting schedule. If any of the designated planting locations conflict with overhead, underground, or existing site improvements, the Contractor will propose alternate location(s) for approval in writing from the Director/Designated Representative.
4. All designated planting locations shall have existing subsurface debris removed, and the planting pit properly prepared for the specified tree to be planted. If contamination by foreign or deleterious materials is present in the soils within a planting area, the Contractor shall remove and replace the affected soils, disposing of the unsuitable materials off-site and consistent with applicable laws and regulations.
5. No planting pits shall be excavated in advance of planting operations. The planting pits must be approved by the Director/Designated Representative prior to the start of the planting operation.
6. Soil erosion sediment control measures shall be installed by the Contractor to ensure that the displacement of soils and discharge of soil-bearing stormwater runoff or airborne dust is intercepted and controlled.
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I. NURSERY STOCK
1. No substitutions of specified trees, in either kind or grade, is allowed unless written permission is obtained from the Director/Designated Representative prior to the delivery date of the material.
2. The Contractor shall furnish the specified tree material which shall be of highest quality, appropriately sized, true to specified genus/species/variety/cultivar, specified stem form, shearing, and other features specified in planting plan schedules and standard specifications, thereby complying with all applicable requirements in ANSI Z60.1. Trees shall be well-shaped, fully branched, healthy, vigorous stock, densely foliated when in leaf, free of disease, pests, eggs, and larvae, free of damage, and free of defects such as knots, sun scald, wind burn, desiccation, injuries, abrasions, and disfigurement.
3. Tree size shall be measured with tree branches and trunks in a normal position with heights taken from the top of the root flare, spread measured from the main body of the tree, and caliper taken from 6 inches above the root flare.
4. All specified trees shall conform to those indicated on the drawings, plant list, and the publication Hortus Third.
5. All specified trees shall be grown in the same USDA hardiness zone as the project site or acclimatized to the same USDA hardiness zone for a period of two years prior to the planting project.
6. All landscape nursery stock at the time of planting, including size of plants, spread of roots, and size of root balls or containerized specimens as measured from the top of the root flare, shall conform to the planting plan schedules and standard specifications of ANSI Z60.1. Tree plantings of larger sizes may be used only if accepted in writing by the Director/Designated Representative, and the larger trees must have proportionately increased sizes of root balls.
7. Any materials and/or work may be rejected, if, in the opinion of the Director/Designated Representative, it does not meet the requirements of the specifications. All rejected materials shall be promptly removed from the site by the Contractor at its own expense.
J. QUALITY ASSURANCE
1. Trees with damaged, crooked, or multiple leaders (not specified as multi-stem), with tight vertical branches where bark is squeezed between branches or between branch and trunk or with included bark, with crossing trunks or branches, with cut-off branches greater than one-half (½) inch in diameter, or with stem girdling roots, damaged root balls, or other defects are unacceptable and shall be rejected.
2. No tree branches or trunks shall be pruned, clipped or trimmed within month prior to delivery without written authorization from the Director/Designated Representative. All landscape stock must be nursery grown.
3. All specified trees shall have been root pruned at the nursery at least once during the three-year period immediately preceding transplanting and at least one year prior to transplanting.
4. All specified trees must be sourced from State-inspected nurseries and a copy of the "Certificate of Inspections" issued by the State Department of Agriculture at the point of origin must accompany shipments from each source and be delivered to the Director/Designated Representative for each tree.
K. SHIPMENT, DELIVERY, & INSPECTION
1. The Director/Designated Representative reserves the right to inspect and select all specified trees at its point of growth or nursery origin. Acceptance at the nursery, in which the plant is growing, prior to transplanting, does not preclude rejection at the site upon delivery for just cause.
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2. The specified trees are to be delivered to the site to a predetermined staging area, in quantities, and on the dates agreed upon by the Director/Designated Representative. The Contractor shall advise the Director/Designated Representative of all deliveries at least forty-eight (48) hours prior to its arrival at the site, so that all specified trees may be inspected upon delivery to the site. The price for delivery shall be built into the Contractor’s bid along with all other Contractor costs.
3. All specified trees shall be delivered within a twenty-four (24) hour window from the time of loading at the nursery of origin to delivery at the project site for inspection/unloading.
4. All specified trees shall be handled by the root ball with the trunk(s) supported and protected with coverings, tarped, wrapped with burlap fabric, prepared for transport, protected from weather, and be adequately packed to avoid breakage, sun scald, windburn, desiccation, whipping, and other handling and tying damage during loading, shipping, delivery, and off-loading. Do not drop tree specimens during delivery and handling.
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