Tree_Planting_Project.pdf

REQUEST FOR PROPOSAL

2023-41

TREE PLANTING PROJECT

City of Newark

47-63 Green Street, 1st Level

Newark, NJ 07102

RELEASE DATE: July 26, 2023

DEADLINE FOR QUESTIONS: August 10, 2023

RESPONSE DEADLINE: August 24, 2023, 10:15 am

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 PROPOSAL

Tree Planting Project

I. Legal Notice II. Introduction

III. Instruction to Proposers IV. RFP Standard Information V. Proposer Qualifications

VI. Project Details VII. Evaluation Criteria

VIII. Vendor Submissions

Attachments:

A - RFP: Tree Planting Project

Request for Proposal #2023-41 Title: Tree Planting Project

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

Thursday, August 24, 2023, up to and until 10:15 am (prevailing time) in the City’s electronic procurement portal at which time proposals will be opened and read in public for:

2023-41 Tree Planting Project

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://zoom.us/join

Meeting ID: 279 791 7288

Passcode: 5JRCf6

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

Purchasing at 973-733-3776.

Aniyyah Maney, QPA

Purchasing Agent https://procurement.opengov.com/portal/newarknj https://procurement.opengov.com/portal/newarknj

2. INTRODUCTION

2.1. Summary

The City of Newark, NJ will receive RFP responses via the City's e-Procurement Portal for 2023-41, Tree

Planting Project. RFP responses will be received until 10:15 am on Thursday, August 24, 2023 and then publicly opened and read aloud. Any proposal received after 10:15 am 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. Background

The City of Newark has outlined strategies to address Newark’s key environmental issues with the goal of creating a healthier, more prosperous future for the city. These strategies have been codified into a

Sustainability Action Plan that involves commitments from municipal staff as well as community partners. The policy goals of the Plan include: driving down costs, improving public health and quality of life, and expanding green job and business opportunities for Newarkers. Tree canopy expansion has been identified as a major strategic priority under the Action Plan. Newark is approximately 70 percent impervious surface with a 15 percent tree canopy coverage. This creates challenges for the city in terms of heat, air quality, stormwater run-off, and quality of street life. To address these challenges, Newark aims to double its tree canopy coverage by planting trees in residential neighborhoods in collaboration with community partners. Tree planting will also serve as a platform for job training and employment for

Newark jobseekers and environmental education for Newark youth.

This RFP calls for proposals for three services needed to plant approximately 2,000 street trees in the fall and spring of 2023-24: landscaping, masonry, and nursery services. Each section of the following pages outlines the procedure to select a qualified contractor, select quality trees, locate appropriate sites to plant, and employ best management practices in the planting process, while securing the best possible price.

2.3. Contact Information

Jonathan Gordan

Interim Chief Sustainability Officer

920 Broad Street

B-12

Newark, NJ 07102

Email: gordonj@ci.newark.nj.us

Phone: (973) 733-8041 mailto:gordonj@ci.newark.nj.us tel:(973)733-8041

Department:

Office of Sustainability

Department Head:

Jonathan Gordon

Interim Chief Sustainability Officer

2.4. Timeline

Release Project Date July 26, 2023

Question Submission Deadline August 10, 2023, 12:00pm

Submission Deadline August 24, 2023, 10:15am

3. INSTRUCTION TO PROPOSERS

3.1. Project Overview

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

Planting services.

3.2. Contract Term.

The contract term will be for twelve consecutive months with two (2) one-year options to renew upon

Municipal Council approval, contingent on performance.

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, Thursday, August 10, 2023 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.

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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 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 10:15 am on Thursday, August 24, 2023.

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.

TERMINATION FOR CAUSE:

a. The City of Newark may suspend or terminate this Contract, Work under the Contract, or payment under this Contract, in whole or in part, at any time for cause including but not limited to the following:

(1) failure to comply with any terms and conditions of this Contract;

(2) failure of the Contractor to progress with the Work as necessary to ensure completion within the time specified by this Contract;

(3) failure of the Contractor to complete the Work within the time fixed in this Contract for its completion or within the time to which such completion may be extended;

(4) failure of the Contractor to act promptly to remedy or repair defective Work.

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. 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.

4.14. 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.

4.15. 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.

4.16. 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.

4.17. 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.

4.18. 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.

4.19. 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.

4.20. General Liability Insurance

The Contractor shall have in effect at all times during the term of the Contract insurance from a carrier rated “A” or better by A.M. Best or an analogous rating from a similarly recognized rating agency.

A. The Contractor shall carry worker's compensation insurance for all persons engaged in the

Work under the Contract and cover the full statutory liability as employer without limit, general liability and property damage insurance to the City requirements. Such insurance shall include the following coverage in at least the following amounts:

1. Comprehensive general liability and property damage insurance in the amount of two million dollars ($1,000,000.00) per occurrence with an annual limit of not less than three million dollars ($2,000,000.00).

2. Protective liability and property damage insurance in the amount of two million dollars

($1,000,000.00) with an annual limit of not less than three million dollars

($2,000,000.00); and

A. The Contractor shall carry and require that there be carried by any of its agents or subcontractors doing Work under this Contract, comprehensive automobile liability insurance covering owned, hired and non-owned vehicles used in connection with any Work being performed under this Contract.

Each of the required insurance policies shall name the Office of Sustainability and the City of Newark and their employees, officers, directors, agents, officials, and volunteers as additional named insured.

Contractor must require its Insurer to provide City with thirty (30) days' prior written notice of any material change in or cancellation of such policy. The Contractor shall provide City with copies of certificates evidencing such insurance.

4.21. 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.

5. PROPOSER QUALIFICATIONS

5.1. 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.

5.2. 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.

5.3. 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?

5.4. 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.

6. PROJECT DETAILS

6.1. 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.

6.2. Scope of Work or Project Details

Please see the Attachments for the scope of work.

https://secure.procurenow.com/signup https://procurement.opengov.com/portal/newarknj/projects/54387?section=460019

7. EVALUATION CRITERIA

All proposals will be reviewed to determine if they are responsive. An evaluation committee, using the criteria set forth below, will then evaluate responsive proposals.

No. Evaluation Criteria Scoring Method Weight (Points)

1. Company’s Background/Experience in similar projects & Work plan

Points Based 10

(25% of Total)

2. Detailed Cost Proposal Sheet Points Based 8

(20% of Total)

3. Team’s qualifications Points Based 8

(20% of Total)

4. Capacity of team to do the work Points Based 6

(15% of Total)

5. Experience of Project

Manager/Team

Points Based 5

(12.5% of Total)

6. Experience of Project

Manager/Team Firm Location

Points Based 3

(7.5% of Total)

8. VENDOR SUBMISSIONS

8.1. Solicitation Documents*

By submitting a response to this solicitation, the bidder certifies that they have read, understand and acknowledge all requirements of this Request for Proposals.

☐ Please confirm

*Response required

8.2. Authorization*

The bidder acknowledges they are authorized as an individual, partner, or officer to submit a response on behalf of their organization.

☐ Please confirm

*Response required

8.3. Bidder's Full Name*

Please provide the Full Name of the Bidder for this project as part of your response to this solicitation.

*Response required

8.4. Authorized Individual*

Please provide the name of the authorized individual who will sign the contract if awarded.

*Response required

8.5. Bidder's Email*

Please provide the Email Address for the Bidder for this project as part of your response to this solicitation.

*Response required

8.6. Bidder's Address*

Please provide the Address for the Bidder for this project as part of your response to this solicitation.

*Response required

8.7. Bidder's Business Phone Number*

Please provide the Business Phone Number for the Bidder for this project as part of your response to this solicitation.

*Response required

8.8. Bidder's Fax Number*

Please provide the Fax Number for the Bidder for this project as part of your response to this solicitation.

*Response required

8.9. Bidders Federal I.D*

Please provide the FEID (Federal I.D.) Number for the organization submitting a response to this solicitation.

*Response required

8.10. New Jersey Business Registration Certificate

Please upload a copy of your New Jersey Business Registration Certificate here.

Please Note: Not required to be submitted with bid, but will be required prior to contract award.

Additionally per N.J.S.A. 52:32-44 successful bidder must have a registered business certificate (BRC) with the state of New Jersey prior to contract award.

8.11. Please confirm that you have read and agree with the Affirmative Action Compliance Notice below*

Pursuant to New Jersey Public Law 2010 c. 482, the following procedures for entering into contracts with the City of Newark are in effect.

PROCUREMENT CONTRACTORS are required to do one of the following within 10 days of being notified that you are the successful bidder.

A. Submit an existing Federally approved or sanctioned Affirmative Action Plan.

B. Submit a Certificate of Employee Information Approval.

C. If your company cannot present “a” or “b” you are required to submit a complete Employee

Information Report (Form AA302) which is available from the Office of Affirmative Action.

The City of Newark’s Affirmative Action office is located at the address given below if you need additional information.

920 Broad Street, Room B-25

City Hall

Newark, N.J. 07102

Successful bidders failing to submit this certificate with their bid will be required to provide this information with their signed contract.

Thank you, Division of Central Purchasing

☐ Please confirm

8.12. Certificate of Employee Information Report

Please submit one of the following three documents:

A. Letter of Federal Affirmative Action Plan Approval; OR

B. Certificate of Employee Information Report (CEIR); OR

C. Employee Information Report (Form AA302)

8.13. W-9

Please upload a copy of your W-9 here.

8.14. Subcontractor(s)

Please provide subcontractors names and documentation here if utilizing subcontractors.

• Business Registration Certificate (BRC)

• Certificate of Employee Information Report or AA-302 application

• NJ Licensed Tree Expert

• W-9

• Insurance

• Services each subcontractor will complete under this contract.

8.15. Proposal (without Cost Proposal)*

Please Upload your COMPLETE Proposal here. Upload fee proposal separately in the next step.

Organize proposal into the following parts:

• Executive Summary

• Company’s Background

• Company’s understanding and qualification to perform Scope of Services

• Company’s Work Plan and Schedule

• Company’s Project Management Plan

• Company’s Organization and Key Staff

• Team Qualifications

• Resumes of Key Staff

• Experience with similar projects

• Preliminary Concept Design of Project

• Detailed Cost Proposal Sheet

• References

8.16. Separate Cost Proposal*

Confirm that your fee proposal is not attached in your Proposal and is attached separately here.

• Unit Price Form

• Signed Total Price Proposal

*Response required

8.17. Non-Collusion *

Please download the below documents, complete and have notarized. An online notarization option will be provided for you when responding.

• Non-Collusion.pdf

*Response required

8.18. Hold Harmless *

Please download the below documents, complete and have notarized. An online notarization option will be provided for you when responding.

• Hold_Harmless_.pdf

*Response required

8.19. Required Forms*

FAILURE TO SUBMIT ANY OF THESE DOCUMENTSMAY BE CAUSE FOR REJECTION OF YOUR PROPOSAL.

NOTE: For detailed instructions on how to complete the forms via DocuSign, please clickHERE for the help article "How to Complete DocuSign Forms"

You can also ask for help by clicking the blue button in the bottom right corner of your screen or sending an email tosupport@procurement.opengov.com

Please note: The City's preferred method of submission is DocuSign.

Click here to go to the form https://government-project.s3.us-west-2.amazonaws.com/10052/9d7f0735-20dc-42ad-be02-1d9c72ab46f6_Non-Collusion.pdf?AWSAccessKeyId=AKIARC2J5PZDGOGWDMYG&Expires=1690455962&Signature=ib%2BTs6wOHvN9vLz7c5h1cxk%2Fyaw%3D&response-content-disposition=attachment%3B%20filename%3D%22Non-Collusion.pdf%22 https://government-project.s3.us-west-2.amazonaws.com/10052/e0c5d269-e124-41aa-9c09-fc3a5742c383_Hold_Harmless_.pdf?AWSAccessKeyId=AKIARC2J5PZDGOGWDMYG&Expires=1690455962&Signature=GkyRPsltq%2Fs7%2FZ0YVlLYLn19k9Y%3D&response-content-disposition=attachment%3B%20filename%3D%22Hold_Harmless_.pdf%22 https://help.procurement.opengov.com/en/articles/5659414-how-to-complete-docusign-forms https://na4.docusign.net/Member/PowerFormSigning.aspx?PowerFormId=6eced7c2-c8ac-4113-96bb-b8365f1947fd&env=na4&acct=0f1438e8-73f1-4b25-bcbf-ec5719ea470c&v=2