Specifications-_City_of_Newark_Invitation_for_3rd_Party_On-Site_Inspection_Services_(3).pdf

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CITY OF NEWARK INVITATION TO BID FOR THIRD PARTY

ON-SITE INSPECTION SERVICES

The City of Newark, Essex County, State of New Jersey, a Class 1 municipality is seeking proposals from authorized agencies for on-site inspection services, in accordance with the New Jersey Uniform

Construction Code, N.J.A.C. 5.23 et seq. The contract resulting from this solicitation shall be for an initial term of three (3) years, commencing upon execution of the contract by the City. At the sole discretion of the City, the contract may be extended for up to two (2) additional one-year renewal terms, for a maximum total contract duration of five (5) years to renew under the written discretion of the Director of the Department of Engineering and/or the Construction Official for the following:

• Elevator Inspections: provide on-call inspectors to function under the guidance of the City Construction Code Official to cover the services required by the RFP/BID Proposal.

The RFP and contract require a minimum full time staffing for Elevator Sub-Code Official and Inspector positions. All inspectors are required to possess an HHS Elevator licenses. In addition, the City of Newark Construction Official and the Director of Engineering, who shall have the authority to determine that the inspectors are able to effectively enforce the NJIBC for which the bid or RFP is submitted, must approve all Inspectors.

The City of Newark has approximately a population of 311,000, and comprises of 24 square miles.

It is understood that the third-party on-site inspection services will adhere to and comply with all the duties and responsibilities enumerated in N.J.A.C. 5:23-4.14 and all related rules and regulations covered by NJ Public Contracts Law, N.J.S.A. 40A:11-1, et. seq., and the NJ Local Unit Pay-to-Play Law, N.J.S.A. 19:44: A-20.4, et. seq.

N.J.A.C. 5:23-4.14 Private On-Site inspection agencies; Administration and Enforcement:

(a) Records shall be maintained by the “on-site inspection agency” of all inspections, applications and any other information that may be required by the Municipal Construction Official or the Department of Engineering. These records shall be open to UCC Office, available for audit and shall not be destroyed or removed from the offices of the on-site inspection agency without permission of the UCC Office.

(b) The on-site inspection agency shall provide the UCC office and the Department of Engineering the following:

1. A copy of each executed contract and all amendments thereto, including any attachments containing any terms of the agreement, to be submitted at least ten

(10) days prior to their effective date. Any subsequent amendments shall also be submitted.

2. A list of the municipalities served and a current list of names, addresses and telephone numbers of the agency’s designated representatives actually serving inspectors in each municipality, who may be contacted in connection with routine matters during normal working hours, and in the event of an emergency other than normal working hours;

3. A list of names, certification numbers, addresses and telephone numbers of all technical personnel employed;

4. Monthly Reports due on the 15 th of every month covering the previous month period, setting forth the following:

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(c) The number of inspections performed under each sub-code in each municipality and the number of inspections performed under each sub-code in each municipality more than 72 hours after the receipt of an inspection request by the Construction Official or the sub-code official whichever occurs first.

(d) The total number of inspections broken down by sub-code discipline, performed by the third-party private agency during the reporting period and the total number of inspectors available during the reporting period, expressed as full-time equivalent (FTE). For purposes of this report, one FTE shall be the total number of inspector hours worked during the reporting period divided by eight, divided by the number of working days in the reporting period. All days other than Saturdays, Sundays and official holidays shall be considered as working days;

(e) The total payments received from each municipality during the reporting period; and

(f) The total amount billed to each municipality during the reporting period.

(g) (c) Except as stated in the regulations, an executed contract in accordance with the

“Local Public Contracts Law” shall be required between the on-site inspection agency and a municipality prior to the enforcement of any sub-code in that municipality by the on-site inspection agency.

(h) (d) The on-site inspection agency shall not collect fees from the property owner, his designated agent or anyone in his employ. The municipal construction official be the sole agent for the collection of all fees and penalties.

(i) Each on-site inspection agency shall have the following responsibilities:

1. To maintain an adequate number of certified staff to review all plans and specifications for all classes and types of construction not reserved to the State.

2. To act in the place of the municipal sub-code official and to perform the duties of a sub-code official as defined in these requirements, except all notices of violations and all stop work orders, which will be issued through the Construction Officials office.

3. To report to the Municipal Construction Official and to be subject to his rulings, directives and orders.

4. To provide adequate supervision so that its employees are prompt and diligent in discharging their duties.

5. To carry General Liability insurance, at least in the amount of $1,000,000 for each person and each occurrence, to satisfy the claims or judgments for property damage and/or personal injury.

6. To process and return all documents, plans, specifications and applications within the period specified by the rules or the contract entered into with the municipality, whichever is the lesser.

7. To provide technical assistance to applicants in the preparation of a construction permit application, if requested by the construction official.

8. To perform all required inspections and re-inspections.

9. To perform non-destructive test, if required by the rules.

10. To give testimony at hearings or in court, if required by the construction official.

11. To prepare all reports to the Department as are required by the regulations or the construction official may require as.

12. To meet its obligations under this contract with the municipal enforcing agency.

13. To issue documentation and certification, such as cut-in cards, to utilities and or public agencies if required by the rules.

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14. To ensure the attendance of all technical and supervisory employees at required training and orientation programs.

15. To carry to full completion and receive all fees on all projects initiated prior to the termination of their contract with the municipality because of non-renewal, unsuccessful bidding, Department authorization, disapproval or other reason except suspension or revocation.

(j) Except as otherwise provided in this subsection, no person employed by or associated with an on-site inspection agency as an employee, proprietor, officer, director, partner or manager shall engage in or otherwise be connected directly or indirectly, for purposes of economic gain with any business or employment furnishing labor, materials, products or services for the construction, alteration or demolition of buildings within the State. Nor shall any such proprietor, officer, director, partner, manager or employee engage in any other work that conflicts with his or her or the agency’s official duties, including, without limitation, employment to testify or appear before construction board of appeals, or to be involved in any court proceedings within the State, as a paid expert witness against any construction official, sub-code official, inspector or enforcing agency, or in any other compensated capacity except on behalf of an enforcing agency, or as a court appointed witness.

(k) This prohibition shall not apply to any litigation not involving enforcement of the code, or as a fact witness; nor shall it apply to any activities unrelated to an action for, or an appeal of, enforcement of the code.

(l) This sub-section shall not apply to:

a. The ownership of stock or other investment instrument in any corporation listed on any national stock exchange;

b. Any such business or employment outside the State;

c. Any business or employment, which is not subject to regulations.

The amount charged to a municipality by a private agency for work subject to a minimum fee under N.J.A.C. 5:23-4.20-2 or for certificates of occupancy, certificates of approval and certificates of continued occupancy shall be the percentage set forth in a contract entered into in accordance with N.J.S.A. 52:27D-124.3, times the amount of the minimum fee or fee for a certificate of occupancy or certificate of approval, times the amount determined in accordance with this subsection.

1. The fee the Third-Party On-Site inspection agency shall charge the municipality is as follows:

• Elevator Inspection fee shall be:

o A percentage of the elevator inspections fees in accordance to N.J.A.C. 5:23-12.1 o There shall be a percentage allotted for Administrative Fee to Newark o There shall be an Hourly Rate for services not identified (i.e. meetings, plan review, etc.)

Page | 4 o Afterhours inspections and re-inspections shall be billed as follows:

▪ The percentage fee for inspections and portion to the City of Newark shall be billed to the City. Overtime fees related to the site, shall be billed to the property Ownership.

The Third-Party On-Site Inspection Agency shall bill for their services at least once monthly. Each bill shall specify the filling period and the amount currently due, amounts already paid and any remaining balances, identified by permit number and totaled for the billing period.

The Third-Party On-Site Inspection Agency shall be paid for work performed even if the municipality receives no inspection fee for such work.

The Third-Party On-Site Inspection Agency shall charge no fees other than the fees set forth in N.J.A.C. 5:23-4.20 multiplied by the percentage set forth in the contract between the private agency and the municipality. Private enforcing agencies shall furnish no services to municipalities and shall not receive any payments from municipalities for any other goods or services whatsoever.

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SCOPE OF SERVICES

If the bidder/Responder is interested in performing the services covered, you are invited to submit a written sealed bid/RFP, together with a qualification statement. The qualification statement submitted shall be in writing and will be approved or rejected by the City of Newark.

The qualification statement shall include but not limited to the following information:

a. Agency Name and Principal Address.

b. Name of person who will serve as the agency’s responsible official, and inspector/s if the agency is awarded to contract. If the requisite number of personnel outlined above are not currently employed by the bidding agency, the bidding agency must provide a written narrative demonstrating the agency’s ability to procure such personnel as required by the Municipality, in addition to guaranteeing the procurement of such personnel by the date of final execution of this contract. If the bidding agency is unable to hire the requite number of personnel, the agency must demonstrate in writing how it proposes to fulfill the elevator inspection requirements of the City.

c. A complete list of all agency technical, field, inspection, and supervisory personnel, grouped by job classification and title. This list must also contain the technical, educational and licensure qualifications of each person named.

d. A complete list of all municipalities served by the agency specifically identifying the sub-codes enforced in each municipality named and the number of permits supervised with the number of inspections performed during an average month of the previous year.

e. The agency’s Table of Organization correlated by job title to personnel list specified in Item (c) above.

f. The address of the agency’s office open and staffed at least thirty-five (35) hours per week.

g. A narrative description for the issuance of minor and single trade permits.

h. A narrative description of the arrangements the agency plans to make for the discharge of plan review obligations.

i. A guarantee of time in responding to requests for required inspections where the response time is less than the maximum time established by regulations. If you cannot guarantee response time less than the maximum, please so state in your proposal.

j. The time in which the agency can respond or has responded to requests for required inspections form the construction industry.

k. List the name(s) and addresses of the Inspectors who will be assigned to the City of Newark.

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l. Emergency Inspections shall be included in the scope of this contract. The bidder/responder shall state the time required by them as response time for emergencies.

m. A backlog of inspections will not be permitted by the City of Newark. Therefore, it is the responsibility of the Third-Party On-Site inspection agency to insure sufficient coverage for the required inspections, follow-up inspections, plan reviews etc., and all other duties as determined by the Construction Official in accordance with the New Jersey Uniform Construction Code. When the workload is sufficient, as determined by the Construction Official, additional inspectors shall be provided by the on-site agency. When requested and approved by the Construction Official, the onsite agency shall provide additional inspector(s) within two (2) business days.

n. All inspectors are to appear before the Board of Appeals or other courts as may become necessary from time to time. The Construction Official and Municipal Attorney will coordinate such activity.

o. All inspectors must have good oral and written communication skills and basic computer knowledge for the purpose of entering inspection and other required information.

p. If necessary and to meet the requirements of the UCC Office, City of Newark, computer training becomes necessary as determined by the City, the cost for such training shall be paid for by the Third-Party On-Site Inspection agency.

q. All inspectors must agree to background checks to be completed by City of Newark Officials.

r. The City of Newark has an estimated total of approximately 3,000 elevators and escalators serving the residents and visitors throughout the city. These conveyances are required to undergo inspections on an annual, biennial, five-year, and as-needed basis in accordance with New Jersey State regulations. The bidding agency shall provide a written narrative describing how it will fulfill these inspection requirements, with specific emphasis on its current workforce and any additional personnel it plans to employ. The narrative should detail staff qualifications, technical expertise, inspection methodologies, and operational procedures that will be utilized to effectively meet the City of Newark’s elevator and escalator inspection needs under this contract.

s. Payments will be made at final approval on a monthly basis.

t. Failure to respond to any required item listed on Specifications shall constitute a fatal flaw and cause for rejection.