Third_Party_Elevator_Inspections.pdf

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Third Party Elevator Inspections
Solicitation number
2026-23
Issued by
Essex County, New Jersey

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Summary of RFP 2026-23: Third Party Elevator Inspections

This is a Request for Proposals (RFP) issued by the City of Newark, New Jersey, for third-party elevator inspection services. The City seeks qualified agencies currently authorized by the New Jersey Department of Community Affairs pursuant to N.J.A.C. 5:23-4.14 to operate as Private On-Site Inspection Agencies for Elevator Subcode enforcement. The services requested include providing on-call inspectors to function under the guidance of the City Construction Code Official, with a minimum staffing requirement of one Elevator Sub-Code Official and not fewer than two full-time elevator inspectors assigned to Newark. The City maintains an estimated inventory of approximately 3,000 elevators and escalators (2,320 traction, 580 hydro, and 50 escalators), which require inspections on annual, biennial, five-year, and as-needed bases in accordance with New Jersey State regulations. The question submission deadline is November 4, 2026, at 12:00 p.m., and the response deadline is November 24, 2026, at 2:00 p.m., with electronic submissions required through the City's e-Procurement Portal. The initial contract term is three years, with the option for the City to extend for up to two additional one-year renewal terms, for a maximum total contract duration of five years.

The RFP requires compensation on a fee-for-service basis, with proposers to submit hourly rates for personnel classifications and a rate schedule including elevator inspection fees as a percentage of fees outlined in N.J.A.C. 5:23-12.6, an administrative fee percentage for the City of Newark, and hourly rates for services not otherwise identified. Re-inspections and after-hours inspections are billed separately according to applicable regulations. The third-party agency is responsible for all billing and must submit monthly invoices specifying the billing period, amounts due, prior payments, and remaining balances. Proposers must provide proof of current authorization from the New Jersey Department of Community Affairs, maintain all required licenses and certifications, carry General Liability insurance of at least $1,000,000 per occurrence and $2,000,000 general aggregate, and carry Automotive Liability insurance with limits of $1,000,000 for bodily injury and property damage. Performance bonds and bid guarantees are waived for this service. Prevailing wage requirements do not apply. The evaluation will be based on ten criteria including the inspection services narrative, company background and experience, personnel qualifications, billing criteria and administrative fee percentages, list of municipalities served, assigned personnel, prior experience, management and technical personnel qualifications, inspection response times, and company location. The proposal must include references from at least three entities, a complete list of technical and field personnel with qualifications, organizational structure, office location and hours, plan review arrangements, response time guarantees, emergency response procedures, and a narrative describing how the agency will fulfill the City's elevator and escalator inspection requirements.

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Federal_Debarment_Form.pdf PDF
Vendor_Submission_Forms_(2025).pdf PDF
W-9_(March2024).pdf PDF

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REQUEST FOR PROPOSALS

2026-23

THIRD PARTY ELEVATOR INSPECTIONS

City of Newark

47-63 Green Street, 1st Level

Newark, NJ 07102

RELEASE DATE: October 26, 2026

DEADLINE FOR QUESTIONS: November 4, 2026

RESPONSE DEADLINE: November 24, 2026, 2:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://secure.procurenow.com/portal/newarknj https://secure.procurenow.com/portal/%7bproject.government.code%7d

City of Newark

REQUEST FOR PROPOSALS

Third Party Elevator Inspections

I. Legal Notice II. Introduction

III. Instruction to Proposers IV. RFP Standard Information V. Automotive Liability Insurance

VI. Proposer Qualifications VII. Project Details

VIII. Evaluation Criteria IX. Vendor Submissions

Attachments:

A - Letter of Qualification and Letter of Intent

B - Vendor Submission Forms (2025)

C - W-9 (March2024)

D - Disclosure of Iran Investments

E - DisclosureofProhibitedActivitesinRussiaBelarus (2)

F - Federal Debarment Form

Request for Proposals #2026-23 Title: Third Party Elevator Inspections

1. Legal Notice

1.1. Notice

CITY OF NEWARK

DEPARTMENT OF ADMINISTRATION

NOTICE TO BIDDERS

NOTICE IS HEREBY GIVEN that sealed proposals will be received by the Division of Central Purchasing on

Tuesday, November 24, 2026, up to and until 2:00 pm (prevailing time) in the City’s electronic procurement portal at which time proposals will be opened and read in public for:

2026-23Third Party Elevator Inspections

Specifications and other proposal information may be obtained on the City’s electronic procurement portal: https://procurement.opengov.com/portal/newarknj.

Proposals shall be submitted via the City's electronic procurement portal:

https://procurement.opengov.com/portal/newarknj. Any proposal received after 10:15 A.M. shall not be accepted. Only electronic proposals shall be accepted.

Respondents are required to comply with N.J.S.A. 10:5-31, et seq., P.L. 1975, c. 127, N.J.A.C. 17:27-1 et seq., and all other applicable laws, regulations, or ordinances concerning affirmative action goals and equal employment opportunity.

The City of Newark reserves the right to reject any and all proposals in accordance with N.J.S.A. 40A:11-

4, 40A:11-13.2 and 40A:11-23.2, and waive minor informalities not considered material defects under

N.J.S.A. 40A:11-1 et seq.

The City of Newark will conduct and broadcast the bid opening in real time at the Division of Central

Purchasing. Respondents and the public have the option of remotely accessing and viewing the bid opening through a Zoom conference with visual and audio capability. Bidders may join the virtual bid opening using the information below:

https://NewarkNJ.zoom.us/j/8651076118

Meeting ID: 865 107 6118

If there are any questions regarding the bid opening process, please contact the Division of Central

Purchasing at 973-733-3776.

Aniesa Atiyyeh, QPA

Interim Purchasing Agent https://procurement.opengov.com/portal/newarknj https://procurement.opengov.com/portal/newarknj https://nam11.safelinks.protection.outlook.com/?url=https%3A%2F%2Fnewarknj.zoom.us%2Fj%2F8651076118&data=05%7C02%7CSimmonsd%40ci.newark.nj.us%7C14c0298c8b7341375d3308df2ecb8ddf%7C24883a20af7b4ead9b4c900a20da8933%7C0%7C0%7C639281123947443259%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=8aR5ACIKfKuZd0n%2BaEOzdP0OURPXyr4WEWELnZOemXg%3D&reserved=0

2. Introduction

2.1. Summary

The City of Newark, NJ will receive RFP responses via the City's e-Procurement Portal for 2026-23, Third

Party Elevator Inspections. RFP responses will be received until 2:00 pm on Tuesday, November 24, 2026 and then publicly opened and read aloud. Any proposal received after 2:00 pm shall not be accepted in the OpenGov system.

Only electronic proposals shall be accepted.

NOTE: It is important to note that this process should be completed well in advance of the bid deadline / bid opening. DO NOT WAIT UNTIL THE LAST MINUTE. The City's electronic procurement portal will not allow electronic bids to be submitted once the deadline has passed, even if you've already started the process. The deadline is based on the countdown timer found on the OpenGov bid submission page.

2.2. Contact Information

Project Contact:

Desire Simmons

Buyer

47-63 Green st

Newark, NJ 07102

Email: simmonsd@ci.newark.nj.us

Phone: (973) 733-3810

Procurement Contact:

Desire Simmons

Buyer

47-63 Green st

Newark, NJ 07102

Email: simmonsd@ci.newark.nj.us

Phone: (973) 733-3810

Department:

Division of Central Purchasing

Department Head:

Aniesa Atiyyeh

Purchasing Agent

2.3. Timeline

Release Project Date October 26, 2026 mailto:simmonsd@ci.newark.nj.us tel:(973)733-3810 mailto:simmonsd@ci.newark.nj.us tel:(973)733-3810

Question Submission Deadline November 4, 2026, 12:00pm

Submission Deadline November 24, 2026, 2:00pm

3. Instruction to Proposers

3.1. Project Overview

The City seeks Proposals from qualified individuals or organizations with experience providing Third

Party Elevator Inspections

3.2. Contract Term.

The contract term is 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.

3.3. Single Point of Contact.

From the date this RFP is issued until a proposer is selected and the selection is announced by the

Purchasing Agent, proposers may not communicate with any City staff, commissioners or officials regarding this procurement, except at the direction of the Purchasing Agent in charge of the solicitation.

Any unauthorized contact may disqualify the proposer from further consideration. Contact information for the single point of contact can be found in the #Introduction.

3.4. Review RFP.

Proposers should carefully review all instructions, mandatory requirements, specifications, standard terms and conditions set out in this RFP and promptly notify the Purchasing Agent identified above in writing of any ambiguity, inconsistency , unduly restrictive specifications, or error which they discovered upon examination of this RFP. This should include any terms or requirements within the RFP that either preclude the proposer from responding to this RFP or add unnecessary cost.

This notification must be accompanied by an explanation and suggested modification and be received by the deadline for receipt of inquires set forth below. The City will make any final determination of changes to the RFP.

3.5. Form of Questions.

Proposers with questions or requiring clarification or interpretation of any section within this RFP must address these questions in writing, via the ProcureNow Question/Answer Tab via the City's e-

Procurement portal, on or before, Wednesday, November 4, 2026 by 12:00 pm. Each question must provide clear reference to the section, page, and item in question. Questions received after the deadline may not be considered. All questions submitted and answers provided shall be electronically distributed to bidders following this solicitation on the City's e-Procurement Portal.

3.6. City Response.

The City will provide written answers to proposers’ questions. Any other form of interpretation, correction, or change to this RFP will not be binding.

3.7. Pre-Proposal Conference

No pre-proposal conference is scheduled.

https://procurement.opengov.com/portal/newarknj/projects/319189/document?section=3019897

3.8. Acceptance of Standard Terms and Conditions/Contract.

By submitting a response to this RFP, proposer agrees to acceptance of the standard terms and conditions as set out in this RFP. Much of the language included in the standard terms and conditions reflects requirements of New Jersey law. Requests for additions or exceptions to the standard terms and conditions including any necessary licenses, or any added provisions must be submitted via the e-

Procurement Portal by the date for receipt of written questions and must be accompanied by an explanation of why the exception is being sought and what specific effect it will have on the proposer’s ability to respond to the RFP or perform the contract. Any material exceptions requested and granted to the standard terms and conditions language will be addressed in any formal written addendum issued for this RFP and will apply to all proposers submitting a response to this RFP. The City will make any final determination of changes to the standard terms and conditions.

3.9. Resulting Contract.

This RFP and any addenda, the proposer’s RFP response, including any amendments and any clarification question responses, shall be included in any resulting contract. The City’s contract contains the contract terms and conditions which will form the basis of any contract between the City and the selected proposer. In the event of a dispute as to the duties and responsibilities of the parties under this contract, the contract, along with any attachments prepared by the City, will govern in the same order of precedence as listed in the contract.

3.10. Mandatory Requirements.

To be eligible for consideration, a proposer must meet the intent of all mandatory requirements. The

City will determine whether a proposer’s RFP response complies with the intent of the requirements.

RFP responses that do not meet the full intent of all requirements listed in this RFP may be subject to point reductions during the evaluation process or may be deemed non-responsive.

3.11. Understanding of Specifications and Requirements.

By submitting a response to this RFP, proposer agrees to an understanding of and compliance with the specifications and requirements described in this RFP.

3.12. Proposer’s Signature.

The proposals must be submitted by an individual authorized to legally bind the business submitting the proposal. The proposer’s submission of a proposal in response to this RFP guarantees that the offer bas been established without collision and without effort to preclude the City from obtaining the best possible supply or service. Proof of authority of the person signing the RFP response must be furnished upon request.

3.13. Offer in Effect for sixty (60) Days.

A proposal may not be modified, withdrawn or canceled by the proposer for a sixty (60) day period following the deadline for proposal submission as defined in the Schedule of Events and proposer agrees in submitting the proposal.

3.14. 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 at 888-313-3532 or www.elec.state.nj.us.

3.15. Submitting a Proposal.

A. Content of Proposal. Proposer should address all requests for information and qualifications set forth in this RFP.

B. Failure to Comply with Instructions. Proposers failing to comply with the instructions in this RFP may be subject to point deductions.

C. Copies Required and Deadline for Receipt of Proposals. Proposers must submit one (1) proposal to the City via the e-Procurement Portal prior to 2:00 pm on Tuesday, November 24, 2026.

D. Late Proposals. Regardless of cause, late proposals will not be accepted and will automatically be disqualified from further consideration. It shall be the proposer’s sole risk to assure submission by the designated time. Late proposals will not be accepted in ProcureNow system.

3.16. Cost of Preparing a Proposal.

A. City Not Responsible for Preparation Costs. The costs for developing and delivering responses to this RFP and any subsequent presentations of the proposal as requested by the City are entirely the responsibility of the proposer. The City is not liable for any expense incurred by the proposer in the preparation and presentation of their proposal or any other costs incurred by the proposer prior to execution of a contract.

B. All Timely Submitted Materials Become City Property. All materials submitted in response to this

RFP becomes the property of the City.

4. RFP Standard Information

4.1. Authority

This RFP is issued under the authority of the City of Newark. The RFP process is a procurement option allowing the award to be based on the attached Evaluation Criteria. No other evaluation criteria, other than as outlined in the RFP, will be used.

4.2. Proposer Competition

The City encourages free and open competition among proposers. Whenever possible, the City will design specifications, proposal requests, and conditions to accomplish this objective, consistent with the necessity to satisfy the City’s need to procure technically sound, cost-effective services and supplies.

4.3. Public Information

All information received in response to this RFP, including copyrighted material, subject to public disclosure and may be made available for public viewing after the time for receipt of proposals has passed with the following four exceptions: (1) bona fide trade secrets meeting the requirements of the

Uniform Trade Secrets Act, Title 30, chapter 14, part 4, MCA, that have been properly marked, separated, and documented; (2) matters involving individual safety as determined by the City; (3) any company financial information requested by the City to determine vendor responsibility, unless prior written consent has been given by the proposer and (4) other constitutional protections, or as otherwise not subject to disclosure according to OPRA guidelines.

4.4. Purchasing Agent Review of Proposals

Upon opening the proposals received in response to this RFP, the Purchasing Agent in charge of the solicitation will review the proposals and separate out any information that meets the referenced exceptions in Section 2.2.1 above, providing the following conditions have been met:

• Confidential information is clearly marked and separated from the rest of the proposal.

• The proposal does not contain confidential material in the cost or price section.

• An affidavit from a proposer’s legal counsel attesting to and explaining the validity of any trade secret claim asserted by the proposer.

Information separated out under this process will be available for review only by the Purchasing Agent, the evaluation committee members, and limited other designees. Proposers must be prepared to pay all legal costs and fees associated with defending a claim for confidentiality in the event of an open public records request from another party.

4.5. Initial Classification of Proposals as Responsive or Non-Responsive

All proposals will initially be classified as either “responsive” or “non-responsive.” Proposals may be found non-responsive any time during the evaluation process if any of the required information is not provided; the submitted price is found to be excessive or inadequate as measured by attached

Evaluation Criteria; or the proposal is not within the plans and specifications described and required in the RFP. If a proposal is found to be non-responsive, it may be subject to point deductions.

4.6. Determination of Responsibility

The City will determine whether a proposer has met the standards of responsibility. Such a determination may be made at any time during the evaluation process if information surfaces that would result in a determination of non-responsibility. If a proposer is found non-responsive, the determination must be in writing, made a part of the procurement file and mailed to the affected proposer.

4.7. Evaluation of Proposals

The City will evaluate the proposals and recommend whether to award the contract to the firm determined to best meet the needs of the City or, if necessary, to seek discussion in order to determine the firm to be selected. All responsive proposals will be evaluated based on stated evaluation criteria.

The City may consider such factors as accepted industry standards and a comparative evaluation of all other qualified RFP responses in terms of differing quality and contractual factors. These will be used to determine the most advantageous offering to the City.

4.8. Completeness of Proposals

Selection and award will be based on the proposer’s proposal and other items outlined in this RFP.

Submitted responses may not include references to information located elsewhere, such as internet websites or libraries, unless specifically requested. Information or materials presented by proposers outside the formal response or subsequent discussion may not be considered.

4.9. Opportunity for Discussion and/or Oral Presentation/Product Demonstration

After receipt of all proposals and prior to the determination of the award, the City may initiate discussions with one or more proposers should clarification be necessary. Proposers may also be required to make an oral presentation and/or product demonstration to clarify their RFP response or to further define their offer. In either case, proposers should be prepared to send qualified personnel to the City of Newark to discuss technical and contractual aspects of the proposal. Oral presentations/demonstrations, if requested, shall be at the proposer’s expense.

4.10. Contract Award

Contract awards, if any, will be made to the proposer who the City determines who best can provide the services required and provides all required documents. Formal contracts incorporating this RFP, including attachments hereto, and the selected proposals, will be executed by all parties

4.11. Termination of Contract

The City reserves the right to terminate any contract entered into as a result of this RFP provided written notice has been given to the proposer at least thirty (30) days prior to such proposed termination date.

4.12. Excise and Sales Tax

The prices herein shall not include any Federal or Excise Taxes of Sales Tax imposed by any state or municipal government. All taxes must be deducted from prices quoted and must be shown separately under items where applicable. The City will not furnish Federal Tax Exemption certificates unless the tax is shown separately. The City's purchase order (Vendor's Copy) will serve as the State Tax Exemptions

Form.

4.13. Tariffs Surcharges

1. All applicable tariffs’ fees must be clearly itemized and supported by official documentation from the corresponding regulatory authority, for example the United States International Trade Commission, The Department of Commerce and the like.

2. The City shall not pay surcharges beyond tariffs’ fees established by regulatory agencies or guidelines.

3. Vendors must comply with all applicable tariffs regulations and provide proof of adherence upon request.

4.14. Statutes and Ordinance

No officer, or employee, elected or appointed in any municipality shall be interested directly, or indirectly, in any contract or job for work or materials, or the profits thereof, or services to be furnished or performed for such municipality (R.S. 40:69A 163 Chap.210--P.L. 1950).

Pursuant to P.L. 1971, c. 198 (40A:11-18) the proposer must agree to comply with the provision of

American goods and products to be used where possible.

On all contracts for public works, the respondent must comply with the provisions of R.S. 34:11-56, et.

seq., which law provides that laborers, workers and mechanics while engaged on work under the contract shall work not more than eight hours in any one day, except as otherwise provided for in said statute, and that the prevailing rate of daily wages in the locality where the work is performed shall be paid to the mechanics, workmen and laborers engaged in the work under the contract. It is understood and agreed by the Contractor that, in addition to the abovementioned provision, the said Contractor will obey and comply with the Laws of the State of New Jersey, and in the event said Contractor shall violate the provisions of New Jersey State Statutes Annotated, R.S. 34:11-56, and Chapter 213, Public Laws of the State of New Jersey 1962, or any other statutes of the State of New Jersey, then this contract shall be voided at the option of the City of Newark. The Contractor shall pay to all mechanics, workmen and laborers employed in the work contained under this contract the prevailing rate of wages pursuant to the provisions of New Jersey Statutes Annotated; R.S. 34:11-56 and shall further comply with all of the provisions of New Jersey Statutes Annotated; R.S. 34:11-56. The Contractor further agrees that he shall comply with Chapter 213, Public Laws of the State of New Jersey 1962. The provisions of same shall be considered part of these specifications. It is further understood and agreed that all labor employed by the Contractor on this project shall be such as will work with other trades employed on the project so that there will be no dissension between trades. All labor employed on this project shall conform to local labor Union practices.

Pursuant to Revised Statutes 10:2-1 et seq., Respondent agrees that:

• 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.

• 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.

• This contract may be canceled or terminated by the City of Newark, and all money due or becomes due hereunder may be forfeited, for a second or any subsequent violation of the terms or conditions of this section of the contract.

All contracts and purchases of materials and supplies are subject to the provisions of Section 2:4-14 of the City Administration Code, Revised Ordinances of the City of Newark, New Jersey, which follows:

(a) All contracts hereafter made by or on behalf of the City of Newark or any of its departments or subdivisions with any corporation, person or persons for the performance of any kind of work or the sale, furnishing or delivery of any material or supplies of any nature shall contain a provision that the laborers, workers and mechanics engaged in said work or in the manufacture, sale or delivery of said material or supplies shall not work more than eight hours in any one day while so engaged; and that the said laborers, workers and mechanics shall be paid the prevailing rate of wages for the type of work to be done in the territory in which it is to be performed; and shall contain a further provision that the violation of the foregoing provision shall constitute a breach of the Contract, and that the said foregoing provision shall be considered to be a contractor for the benefit of said workers, laborers and mechanics upon which said laborers, workers and mechanics shall have the right to maintain action for the difference between the prevailing rate of wages and the wages actually received by them; and all such contracts shall contain the further provision that in case any dispute arises as to the amount of the prevailing rate of wage, said dispute shall be referred to the Commissioner of Labor of the State or to such person as will be designated by said Commissioner of Labor as an arbitrator to settle said dispute, the parties to be bound by decision of such arbitrator.

(b) All advertisements for Request for Proposals and all specifications in pursuance of any law requiring the advertisement for Request for Proposals shall include specific reference to this section.

4.15. City’s Rights Reserved

While the City has every intention to award contracts as a result of this RFP, issuance of the RFP in no way constitutes a commitment by the City to award and execute any contract. Upon a determination that such action would be in its best interest, the City, in its sole discretion, reserves the right to cancel or terminate this RFP; reject any or all proposals received in response to this RFP; waive any undesirable, inconsequential, or inconsistent provisions of this RFP which would not have significant impact on any proposal; not award if it is in the best interest of the City not to proceed with contract execution; or if awarded, terminate any contract if the City determines adequate funds are not available.

4.16. Non-Discrimination in Employment

The proposer shall agree to comply with all Federal and State legislation and regulations governing Fair

Employment Practice, including but not limited to Title VI of the Civil Rights Acts of 1964, Executive

Order 11246 September 1965 and the rules, regulations and relevant orders of the Secretary of Labor.

No employee of the City of Newark or a member of the immediate family of an employee of the City of

Newark may submit a proposal for this contract, nor should an employee of the City of Newark be an employee of the contractor submitting a proposal on this contract.

4.17. Indemnification and Insurance

The proposer shall indemnify, defend and hold harmless all City members and agents of the City against claims, demands, losses, liabilities, costs, and expenses (including reasonable attorney’s fees) without limitation, and claims of personal or bodily injury or death. The proposer shall maintain for the duration of the contract, at its own expense, insurance as required in the Scope of Work.

4.18. Primary Insurance

The bidder’s insurance coverage shall be primary insurance with respect to the City of Newark, its officers, officials, employees, volunteers and program participants and shall apply separately to each project or location. Any insurance or self-insurance maintained by the city of Newark, its officers, officials, employees, volunteers and program participants shall be excess of the bidder/vendor’s insurance.

4.19. Additional Insured Status

The City of Newark is to be listed as additional insured for liability arising out of activities performed by or on behalf of the bidder/vendor. This can be achieved by providing (A) and (B) below:

A. The following language on the face of the insurance certificate: The City of Newark is included as additional insured.

B. Provide the City with a copy of the Additional Insured Broad Endorsement Form.

4.20. Worker’s Compensation Insurance

Workers Compensation insurance shall be maintained in full force during the life of the contract, covering all employees engaged in performance of the contract pursuant to N.J.S.A. 34:15-12(a) and

N.J.A.C. 12:235-1.6.

4.21. General Liability Insurance

General liability insurance shall be provided with limits of not less than a combined single limit for bodily injury and property damage of one million dollars ($1,000,000.00) per occurrence, two million dollars

($2,000,000.00) general aggregate, and shall be maintained in full force during the life of the contract.

4.22. Other Provisions

1. Both parties agree to comply with all requirements of the Federal Health Insurance Portability and

Accountability act of 1996 (“HIPPA”) as may be amended from time to time, and the corresponding

HIPPA regulations for the confidentiality and security of medical information. If awarded the bid, the contract shall:

• Not share 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

Proposer, by execution of the contract, shall thereby indemnify and hold the City of Newark 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 HIPPA or any other statute or case law protecting the privacy of persons using its services.

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

3. Award of any contract pursuant to these specifications shall in all cases be subject to availability of funds duly appropriated for these purposes. Any contract as awarded shall immediately cease to be in effect at such time as funds cease to be available for these purposes.

4. Proposers shall comply with the applicable regulations of the Secretary of Labor, United States

Department of Labor, made pursuant to the so-called "Anti- Kickback Act" of June 13, 1934 (48 Stat.

948:62 State. 862; title 18 U.S.C., Sec 874; and Title 40 U.S.C. Section 276c) and any amendments or modifications thereto.

5. Proof of licensure for any activity regulated by the State of New Jersey and required to do the work required under this specification, for either the firm or the person responsible for the work, shall be provided as required by the City of Newark.

4.23. Payment Terms

Although total contract costs will not be the determining factor, budget or allocations of funds will be considered.

• For the Services set forth in the Scope of Work, the Proposer shall submit a Rate Schedule for services related to the Proposal (cost details), including the hourly rate of each of the individuals who will be performing the services.

• The Proposer shall be paid hourly rates for typical classification of personnel for the program.

The Proposer shall provide with its statement of qualifications a list of all persons anticipated to provide work on the contract and their job classifications.

• The Proposer shall submit a detailed invoice, including hours of work performed, rates and disbursements, including incidental costs. Proposer shall execute the standard City purchase order as a requirement for payment.

5. Automotive Liability Insurance

5.1. Automotive Liability Insurance

Automotive liability insurance covering contractor for claims arising from owned, hired and non-owned vehicles with limits of not less than $1,000,000 any one person and $1,000,000 any one accident for bodily injury and $1,000,000 each accident for property damage, shall be maintained in full force during the life of the contract.

6. Proposer Qualifications

6.1. References

Proposers shall provide a minimum of three (3) references that are using services of the type proposed in this RFP. The references may include the state, county government or municipalities where the proposer, preferably within the last three (3) years, has successfully completed three (3) contracts of this type. At a minimum, the proposer shall provide the entities name, the location where the services were provided, contact person(s), contact’s position, customer’s telephone number, a complete description of the service type, dates the services were provided, and cost of services. These references may be contacted to verify proposer’s ability to perform the contract. The City reserves the right to use any information or additional references deemed necessary to establish the ability of the proposer to perform the conditions of the contract.

6.2. Resumes/Company Profile and Experience

Proposer shall specify how long the individual/company submitting the proposal has been in the business of providing services similar to those requested in this RFP and under what company name. A resume or summary of qualifications, work experience, education, skills, etc., which emphasizes previous experience in this area should be provided for all key personnel who will be involved with any aspects of the contract.

6.3. Detail and Supporting Documentation

Contractor will provide sufficient detail, information, supporting documentation or examples of the following:

• Name of Individual assigned primary responsibility for the project.

• Names, addresses, and telephone numbers of anticipated sub-contractors.

• Organization’s experience with governmental agencies: Federal, State, County, and Local.

• Detail experience in administering similar projects. Explain the extent of your experience, how each element is addressed and whether the service is done in-house or contracted out.

• Describe how your firm ensures good communication with clients (client report mechanisms, etc.)

• Has contractor worked with New Jersey counties or municipalities on previous projects? Is contractor familiar with the terrain of the City of Newark?

6.4. General Abilities/Method of Providing Services

Proposer should provide a description of the work plan and the methods to be used that will convincingly demonstrate to the City what the proposer intends to do, the ability to accomplish the work, and how the work will be accomplished.

• The proposal submitted in response to the RFP may be used as an example of a professional document produced by the contractor.

• The contractor should have experience in all aspects of administering similar projects.

Contractor and staff must be familiar with Federal and State statutes, regulations, and procedures.

• The contractor must have the ability to work with the government agencies at various levels, Federal, State, and Local. History of good working relationships with counties and municipalities, specifically in New Jersey is helpful.

7. Project Details

7.1. Important Instructions for Electronic Submittal

The City of Newark is accepting electronic bid submissions. Bidders shall create a FREE account with

ProcureNow by signing up at https://secure.procurenow.com/signup. Once you have completed account registration, browse back to this page, click on "Submit Response", and follow the instructions to submit the electronic bid.

7.2. Third Party Elevator Inspections (Scope of Work)

The City of Newark, Essex County, State of New Jersey, a Class 1 municipality is seeking proposals from agencies currently authorized by the New Jersey Department of Community Affairs pursuant to N.J.A.C.

5:23-4.14 to operate as a Private On-Site Inspection Agency for Elevator Subcode enforcement. Proof of current authorization shall be submitted with the proposal and maintained throughout the duration of the contract. 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.

• 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 to include 1) One Elevator Sub-Code Official,

2) not fewer than two full-time elevator inspectors assigned to the City of Newark, 3) Additional personnel as necessary to maintain compliance with inspection schedules and response requirements and 4) qualified backup personnel available during vacations, illness, emergencies and staffing shortages. All personnel performing inspections, witness testing, plan review, report preparation, or code enforcement services shall maintain all licenses, certifications, endorsements, and qualifications required by the New Jersey Department of Community Affairs and N.J.A.C. 5:23. 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 third-party agency shall be fully registered with the NJDCA by the time their bid is submitted.

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 https://secure.procurenow.com/signup

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 15th of every month covering the previous month period, setting forth the following:

(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.

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.

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.

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.

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. Bidder shall submit a notarized certification confirming compliance with N.J.A.C. 5:23-4.14(j), (k), and (l), including all restrictions relating to conflicts of interest and prohibited activities.

(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: a.

Elevator Inspection fee shall be:

i. A percentage of the elevator inspections fees in accordance to N.J.A.C 5:23 12.6

ii. There shall be a percentage allotted for Administrative Fee to the City of Newark.

iii. There shall be an Hourly Rate for services not identified (i.e. meeting attendance). For plan review for new development, it shall be paid in accordance to the permit fee for the new development.

iv. Re-inspections shall be billed in accordance to 5:23-12.6(d) and the administrative fee as noted above in (ii) shall apply.

v. Afterhours inspections shall be an Hourly Rate, which shall be billed separately from the fees listed in accordance to 5:23-12.6. 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.

Bid requirements, exceptions and waivers:

• Performance bond for this service will be waived.

• Bid guarantee for this service will be waived.

• Prevailing wage not applicable for this service

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 forty (40) hours per week.

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

h. 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.

i. The time in which the agency can respond or has responded to requests for required inspections from the construction industry. Page | 5

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

k. 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.

l. 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.

m. Contractor shall attend monthly performance review meetings with the Construction Official and designated City representatives to review inspection activity, workload status, outstanding…

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