A DESIGNER TO PROVIDE PHASE 2 OCEANFRONT PIER AND FERRY TERMINAL DESIGN AND PROGRAM MANAGEMENT SERVICES VIA COMPETITIVE CONTRACTING

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1 CITY OF LONG BRANCH MONMOUTH COUNTY, NEW JERSEY REQUEST FOR QUALIFICATIONS/PROPOSAL FOR A DESIGNER TO PROVIDE PHASE 2 OCEANFRONT PIER AND FERRY TERMINAL DESIGN AND PROGRAM MANAGEMENT SERVICES VIA COMPETITIVE CONTRACTING MAYOR ADAM SCHNEIDER HOWARD H. WOOLLEY, JR., BUSINESS ADMINISTRATOR CITY COUNCIL KATHLEEN BILLINGS JOY BASTELLI DR. MARY JANE CELLI MICHAEL SIRIANNI JOHN PALLONE PROPOSAL DUE DATE: August 2, 2:00 PM 1

2 CITY OF LONG BRANCH MONMOUTH COUNTY, NEW JERSEY Request for Qualifications/Proposal (RFQ/P) Request for: Designer to Provide Phase 2 Oceanfront Pier and Ferry Terminal Design and Program Management Services Date of Opening of Proposal: Friday, August 2, 2013 at 2:00 PM Location of Opening of Submissions: City of Long Branch, Municipal Building, 2 nd Floor Council Caucus Room, 344 Broadway, Long Branch, NJ Notice is hereby given that, in accordance with N.J.S.A. 19:44A-20.5, et seq, through a fair and open process, the City of Long Branch, County of Monmouth, State of New Jersey, is requesting sealed submissions from qualified design firms or teams of firms relating to architectural, engineering, environmental and program management services for the design and engineering of the Long Branch Pier and Commuter Ferry Terminal. Request for Qualifications/Proposal (RFQ/P s) may be obtained at the City of Long Branch 344 Broadway Long Branch, NJ office of Purchasing David Spaulding between the hours of 8:30 A.M. and 4:30 P.M. Monday through Friday or at which is the City of Long Branch s website. Submissions must be made in the form required by the specifications. A total of (1) original, (3) photocopies, and (1) digital copy on DC or DVD must be delivered and reach the City Clerk s office prior to the time of receipt of submissions.. All information requested in the Request for Qualifications/Proposal (RFQ/P s) must be provided or the submission may be disqualified. **Any Addenda will be issued on the Web-site. Therefore all interested respondents should check the web-site from now through proposal opening. It is the sole responsibility of the respondent to be knowledgeable of all Addenda related to this procurement. ** The City has authorized its Project Consultant, Ralph J. Basile, Principal, Vantage Point Development Advisors, LLC, 111 Annapolis Street, Annapolis, MD (ph , fax ; rbasile@vantagepointda.com) to answer any technical questions that may arise during the pre-submission process related to the subject matter in this RFQ/P. Do not contact any City staff or elected officials with questions concerning this RFQ/P. The deadline for questions is noon on July 12, All answers will be posted on the City s web site by July 19, Submissions will be publicly opened and read by the Purchasing Agent, or designated representative, at Long Branch Municipal Building, Council Caucus Room, Second Floor, 344 Broadway, Long Branch, NJ, on the date and time noted above. 2

3 Firms unable to be present for the opening of submissions may mail or overnight the submission package to: Attention of the Long Branch City Clerk 344 Broadway Long Branch, NJ ON OUTSIDE OF ENVELOPE CLEARLY INDICATE: FIRM NAME RFQ/P Name: PIER PROJECT PHASE 2 Submissions must be delivered to the City prior to the time designated for the opening of submissions. Late submissions will be returned to the sender unopened. Contractors are required to comply with the requirements of N.J.S.A. 10:5-31 et seq, and N.J.A.C. 17:27 et seq., (Affirmative Action), Americans with Disabilities Act of 1990 (40 USC S12101, et seq.) N.J.S.A. 52: (Corporate Disclosure), N.J.S.A. 19:44A et seq. and NJ Elections Laws subject to campaign funding limits, and with Long Branch Pay to Play Ordinance # In accordance with N.J.S.A. 52:32-44, prior to award of the contract, the successful contractor will be required to provide their Affirmative Action documentation and New Jersey Business Registration (Form NJ BUS REG). Instructions detailing the process for registering a business with the New Jersey Department of Treasury are attached. This design contract will be funded jointly through Federal Transit Authority and City of Long Branch funds. The contractor will be subject to all Federal requirements relative to third party professional service contracts. City funding will be provided through Capital Bond Funding. Opening of submissions and award of a contract will be contingent upon the provisions of City Bond Ordinance # adopted December 27, The City of Long Branch reserves the right to reject any and all submissions, to waive any informality in the RFQ/P process, and to accept any submissions which in their judgment are most advantageous, price and other factors considered, and will best serve the interest of the City of Long Branch. Proposals may be held by the City for a period not to exceed sixty (60) calendar days from the date of opening of the proposals for the purpose of reviewing the proposals and investigating the qualifications of the vendors prior to awarding the contract. David J. Spaulding Purchasing Agent, City of Long Branch, NJ County of Monmouth 3

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5 TABLE OF CONTENTS A. General Project Background B. Long Branch Pier Design Progress To-Date C. Phase 2 Work Program and Deliverables D. Current Planning Issues Being Addressed E. Qualifications F. Submittal Content G. City Evaluation/Selection Committee H. Method for Selection I. Anticipated Schedule J. Later Submission of Fee Proposal K. Consultant Contract Administration L. City Rights 5

6 A. General Project Background Located on the Atlantic Ocean, the City of Long Branch, New Jersey, is home to approximately 33,000 full time residents. As a premiere regional leisure destination, its population increases substantially in the summer months when visitors flock to the City s spectacular beaches. Over the years there have been five pier structures built in Long Branch. Uses on the previous piers have ranged from ferry terminals to amusements. The last pier was destroyed by a fire that occurred in Since that fire occurred, the City has undertaken a massive redevelopment initiative that has resulted in the completion of three large mixed use projects and an investment of over $500 million to date. The success of these projects, located adjacent to the pier site, was a vital prerequisite for undertaking the reconstruction of the Long Branch Pier. The City is now ready to rebuild the Pier and create a transformational public asset that will benefit City and area residents for generations. The City retained a team led by McLaren Engineering Group that has completed initial engineering and design for the Pier project. That work has advanced plans and drawings to the 100% Schematic Design Development level. B. Long Branch Pier - Design Progress To-Date To date, the City of Long Branch has completed the following general list of design activities through the McLaren Engineering Group s Phase 1 contract: Task 1A Task 1B Task 1C Task 1D Task 1E Task 2A Project Kickoff Meeting Document Research and Gathering Site Investigations Geotechnical Investigations Topographic Survey Hydrographic Survey Wave and Environmental Forces Study Essential Fish Habitat Study Environmental Assessment Report Vehicular Considerations Study Pedestrian Impact Study Transit Hub Study Public Design Charette Project Progress Meetings Program Development 6

7 Task 2B Task 2C Task 2D Task 2E Tasks 2F-J Task 2K Task 2L Task 2M Task 2N Tasks 3A-3C Task 4A Tasks 4B-4D Task 4E Tasks 5A-5C New Long Branch Pier Alternatives Study Open Space Components and Pier Elements Study Terminal Design Considerations Study Circulation Study Program/Amenities Investigation Passenger Spaces/Environment Study Terminal Design Study Docking and Passenger Transfer investigation Ferry Terminal Design Alternatives Study Summary Report of Sub Tasks 2E-2J w/ Schematic Design (SD) sketches Environmental Approval & Project Permitting Plan Renewable Energy Alternatives Study Alternatives and Project Plan Presentation Project Progress Meetings 30% SD Docs, Presentation & Progress Meetings Pre-Application Meetings 100% SD Docs, Presentation & Progress Meetings Tidelands Support (in progress) Final Analyses to Refine/Complete 100% SD (in progress) C. Phase 2 Work Program and Deliverables Phase 2: Advancement of Design from 100% Schematic Design Development through 100% Design Development to 50% Construction Documents Phase 2 services will be a continuation of the work completed in Phase 1 and will include completion of detailed design to support the local, regional, state, and federal approvals required for the project, as well as the final environmental approvals. Work will also include the preparation of all required documents needed to obtain environmental approvals and permits. Deliverable 1: Participation in Project Kickoff Meeting & Confirmed Project Schedule It is the City s expectation that the project kick-off meeting will occur no-later than ten (10) business days after team is notified of selection. After project kickoff, meeting designer will submit a detailed project schedule noting committed deliverable deadlines and any required City input or resources. 7

8 As part of kickoff, the City will set its expectations regarding monthly updates on project progress. Monthly progress reports will be required, and must include identification of progress toward completion of each task and deliverable. Deliverables 2-3: Design Drawings & Supporting Rationale Designer will be responsible for completing and presenting to City project drawings in intervals and detail described below. City will issue a formal Notice to Proceed before work will begin on Design Development level drawings. o 100% Design Development Documents Advance the 100% Schematic Design Development Documents to 100% Design Development drawings and specifications. The drawings and specifications should reflect the resolution of all design issues and decisions, incorporating the comments received in response to the 100% Schematic Design Development Documents, with refinement of Schematic Design as needed. Keep the City engaged and informed throughout the 100% Design Development process through meetings, conference calls or virtual/web meetings at minimum on a bi-monthly basis. Formally present the 100% Design Development Documents to the City to allow for client response and comment period. o 50% Construction Documents Refine the 100% Design Development Drawings into 50% Construction Documents that set forth detailed requirements for construction of the project in conformance of all applicable codes and regulations. The 50% Construction drawings and specifications shall be one half (1/2) complete toward final Construction Documents, subject only to further refinement of details to complete final 100% Construction drawings and specifications. Keep the City engaged and informed throughout the 50% Construction Document process through meetings, conference calls or virtual/web meetings at minimum on a bi-monthly basis. Formally present the 50% Construction Documents to the City to allow for client response and comment period. Each set of drawings must be accompanied by back up material/analysis that provides the following: 8

9 Ferry Operator Functionality: Evidence that the design will allow required functionality for ferry operators Amenity Program Viability: Evidence that the amenity program will both work operationally for commercial end-users and will be capable of drawing visitors to region, based upon economic analysis conducted as part of Phase 1, and any other necessary analyses as needed Phasing Adaptability: Explanation of how individual components of the Pier can be built in different phases in the event end user demand is delayed Program/Cost Flexibility: Identification of specific design modifications that can be made to reduce project cost. (the Construction Project Manager will be available to provide commentary on cost implications for design modifications) Management of Permitting Process: It is expected that at the conclusion of Phase 2 the City will have received the following permits and approvals: NEPA, Tidelands Act (N.J.S.A. 12:3), CAFRA (N.J.S.A. 13:9)/Water Development (N.J.S.A. 12:5-3), U.S. Army Corps of Engineers Section 10 and Section 404. The selected team will be responsible for implementing the completed Environmental Approval and Project Permitting Action Plan. Responsibilities include coordination and attendance at all meetings with permitting agencies, submissions of permit applications, and updated applications per agency comments. The City of Long Branch will work with the selected team and will provide all required legal representation. Phase 3 services, which will be undertaken at the sole option of the City of Long Branch, (and may or may not be the work of the consultant who undertakes Phase 2 tasks), would include completion of all design/engineering work for the Pier and Ferry Terminal project. D. Current Planning Issues Being Addressed In April 1996, the City of Long Branch adopted the Oceanfront-Broadway Redevelopment Plan (the Redevelopment Plan), which provides for zoning and design controls in the Oceanfront-Broadway Redevelopment Area (the Redevelopment Zone). The Redevelopment Plan provided for, among numerous other things, the reconstruction of the Pier. The Redevelopment Plan and design guidelines were formulated in conjunction with the New Jersey Department of Environmental Protection (NJDEP) to assure consistency with the Coastal Areas Facilities Review Act (CAFRA) and to facilitate an expeditious review process for proposed redevelopment projects in 9

10 Long Branch. This endeavor led to the issuance of a DEP sector permit adopted into DEP Regulations that specifically governs development in the Redevelpment Area (the Sector Permit). The Sector Permit also provides for reconstruction of the Pier. As such, projects undertaken in the Long Branch Redevelopment Zone that are consistent with the Redevelopment Plan and design guidelines are essentially preapproved and are not required to obtain an individual CAFRA permit. The Redevelopment Plan and Sector Permit provided for the Pier to be reconstructed within the historic footprint and configuration of the last Pier. The Redevelopment Plan and Sector Permit also, however, allow the reconstruction of the Pier to deviate from the historic footprint and uses but, in such case the Pier reconstruction becomes subject to independent CAFRA review. The City has proposed a design that deviates from the historic footprint and has been discussing this proposal with the NJDEP. In connection with this review, the NJDEP has raised a question concerning the City's ownership of the underlying riparian rights, which are necessary to the right to perform the Pier reconstruction. The parties have been engaged in productive discussions to address this issue and to issue a new grant to cover the proposed Pier. Since Long Branch intends to deviate from the historic footprint, a new grant was a necessary element of the proposal in any case. Because of the manner in which this issue arose, and the need to coordinate different divisions with the NJDEP to address the issues collectively, it has led to substantial delay in the project, which it appears is coming to an end and the substantive review process and actual preparation of reconstruction plans should be commencing with Phase 2. Although the City has been temporarily stymied from moving forward with completion of NJDEP review and comment, the City has submitted additional pier design and use information, and has submitted a proposed riparian grant boundary drawing and grant description, in hopes of obtaining a conceptual or conditional approval from NJDEP sufficient to allow the City to move forward. Shortly before the RFQ/P was issued the NJDEP acknowledged the above and provided useful feedback concern the proposed project. The City hopes to have this matter resolved with all state officials and begin the process for securing the new grant before the award of a contract for the Phase 2 work. E. Qualifications With this RFQ/P the City of Long Branch intends to create a list of firms or teams that will be invited to participate in an interview process. Through the interview process, the City intends to select a team qualified to undertake architectural, engineering, environmental and program management services for the planned Long Branch Pier and Ferry Terminal. The selected team will be deemed qualified to provide the full range of design, program management, and engineering for all aspects of the project. The team will also be responsible for obtaining all permits and approvals required for the project. 10

11 Respondents to this RFQ/P should be qualified to provide services in all of the following areas: - Pier, Ferry Terminal, and Amenity Program Design. Planning and detailed design of the Pier and Ferry Terminal. The scope of work includes all marine structure components, Ferry Terminal areas, and the various commercial and amenity spaces/areas. Marine components include all Pier structure and marine improvements (pier pilings and foundation, deck area, and transition from existing boardwalk). The Ferry terminal area consists of all aspects related to the operation of the ferry (docking area, breakwater, gangplank, and ticket/waiting areas). The commercial uses consist of private retail, restaurant and event spaces. The amenity uses contain all non-ferry finished gathering and recreation spaces on the Pier as well as the amphitheater, children s play area, fishing area, and all landside improvements. - Project Permits and Approvals. The selected team will be responsible for managing the entire permitting and approval process for the Pier. Responsibilities include identifying all required permits and approvals, researching the content requirements for the various applications/submittals, performing all analysis and studies required for permitting, completing all permit/approval applications, and any follow-up work resulting from agency feedback. The City of Long Branch will work with the selected team and will provide all required legal representation. - Program Management / Project Coordination with Construction Manager. The Lead Designer of the selected team will responsible for managing all required subcontractors and will provide the City with a single point of contact for the project. The Lead Designer will also be responsible for coordinating all necessary exchange of information between the design team and the Construction Manager. The City has engaged SKANSKA as Construction Project Manager under a separate contract to provide cost and constructability oversight of the project during the design phase. - Familiarity with New Jersey Redevelopment Laws, Waterfront Development & Approval Process. Senior personnel assigned to this project must have demonstrated knowledge of and familiarity with New Jersey State Plan, and with any and all regulations relating to redevelopment and waterfront development in New Jersey. F. Submittal Content Submissions are limited to 20 pages, excluding cover page, cover letter, and table of contents. Resumes, brochures, and other marketing materials may be submitted as appendix material and will not count towards the 20 page limit. 11

12 Cover Letter Describe the firm or team s interest in and commitment to the project. Project Understanding - Provide a statement that summarizes your teams understanding of the project and its goals. This statement should include a discussion of how the Pier project will relate to, interact with and impact the City, area, and region. Proposed Team Composition- Identify the prime firm and each sub-consultant proposed for the team, and provide brief statements of each firm(s) relevant experience and role on the team. Include an organization chart with biographical information on all of the key personnel for each team member. Previous Experience Include descriptions of relevant projects previously performed by the team. The descriptions should include what services were performed, the date of the services were completed, the status of the project, any unique features of the project which would be relevant to this project, and a client reference. Note Team member responsible for environmental approval work should identify any experience obtaining NEPA approvals and/or working with the Federal Transit Administration (FTA). References Include at least three references for work your firm has done of a similar nature. Fees DO NOT SUBMIT A PROJECT FEE PROPOSAL. ONCE THE CITY IDENTIFIES THE MOST QUALIFIED RESPONDENT THROUGH THE SUBSEQUENT INTERVIEW PROCESS, A COST PROPOSAL WILL THEN BE REQUESTED. One (1) original, three (3) copies, and one (1) digital copy on CD or DVD of the submission package must be submitted to the City for consideration. Delivery Instructions: Attention of the Long Branch City Clerk 344 Broadway Long Branch, NJ ON OUTSIDE OF ENVELOPE CLEARLY INDICATE: FIRM NAME RFQ/P Name PIER PROJECT Phase 2 12

13 Additional Pay to Play Requirements Contractors are advised of the responsibility to file an annual disclosure statement on political contributions with the New Jersey Election Enforcement Commission, pursuant to N.J.S.A. 19: (P.L. 2005, c, 271, s.3), if the contractor receives contracts in excess of $50,000 in the aggregate from public entities in a calendar year. It is the contractor s responsibility to determine if filing is necessary. The report is due March 30 of each year for reporting of prior year contracts. Additional information on this requirement is available from ELEC at or at G. City Evaluation/Selection Committee The composition of the City Evaluation/Selection Committee responsible for the evaluation and ranking of the firms may include: Representative(s) from City Administration Representative (s) from City Planning Department Representative(s) from City Building Department City Redevelopment Advisor Technical Advisor Representative(s) of City Governing Body City Purchasing Agent Do not contact any City staff or elected officials with questions concerning this RFQ/P. H. Method for Selection The purpose of this RFQ/P is to shortlist a group of firms or teams deemed qualified to participate in an interview process. In order to select a shortlist of firms or teams, the City will use the following procedure in accordance with FTA regulations: DETERMINING MOST QUALIFIED RESPONDENT Firms written qualification submissions in response to this RFQ/P will be evaluated and ranked by the City Evaluation/Selection Committee based on all evaluation criteria described in Attachment A to this RFQ/P. Firms shall be evaluated and ranked to determine a short list or competitive range of firms. The number of firms deemed to be in the competitive range may be limited for efficiency purposes. 13

14 Firms deemed to be in the competitive range shall be invited to appear for oral interviews or make presentations to the Evaluation/Selection Committee. The Evaluation/Selection Committee will consider both the written qualification submissions and oral evaluations to identify the most qualified firm. A fee proposal will be requested from this firm. NEGOTIATIONS The City of Long Branch will enter into negotiations with the most qualified firm to reach an agreement for scope of services and fees. If in the opinion of the City of Long Branch a satisfactory agreement cannot be negotiated with the most qualified firm, the City will end negotiations and initiate negotiations with the next most qualified firm. This negotiation procedure will be followed until a satisfactory submission is negotiated. The City considers all elements of the Consultant's submission subject to negotiation. APPROVAL AND AWARD Once negotiations have been completed, a recommendation for award of the contract to the most responsive, responsible firm whose submission is deemed to be most advantageous to the City of Long Branch, will be issued for approval. Upon approval of the recommendation for award, the City of Long Branch will enter into a not-to-exceed contract with the selected firm. Note that the ultimate decision to award and execute a contract rests solely within the discretion and prerogative of the City Council and no determination made by the Evaluation/Selection Committee is binding upon the City Council. The City reserves the right to reject any and all responses, and to waive minor irregularities in any RFQ/P response. The City shall not be responsible for any costs incurred by the firm in preparing, submitting or presenting its response to the RFQ/P. A complete list of qualifications evaluation criteria can be found in Attachment A. I. Anticipated Schedule July 2, 2013 RFQ/P Release August 2, 2013 Due Date for response to the RFQ/P August 2013 Shortlisted Consultants invited to participate in an interview process September 2013 Cost proposal to be submitted to the City, and contract awarded 14

15 J. Later Submission of Fee Proposal DO NOT INCLUDE A FEE PROPOSAL WITH YOUR RFQ/P SUBMISSION. PROJECT FEE PROPOSALS WILL NOT BE CONSIDERED UNTIL THE CITY HAS RECEIVED AND RANKED PROPOSALS THROUGH THE RFQ/P PROCESS. PROPOSALS WILL BE EVALUATED ON NON-COST CRITERIA AND, THEREFORE, FEE PROPOSALS MUST NOT BE INCLUDED IN SUBMISSIONS. HOWEVER, SHORTLISTED PROPOSERS SHOULD BE PREPARED TO SUBMIT A FEE PROPOSAL SOON AFTER EVALUATIONS ARE CONCLUDED IN THE EVENT THEY ARE REQUESTED TO DO SO AT THAT TIME BY THE CITY. K. Consultant Contract Administration All consultant work will be authorized on a per phase and per deliverable basis. The City s Project Consultant will review work progress and whether to recommend approval on all invoices prepared by the selected consultant team. L. City Rights The City maintains the right to cancel or modify this RFQ/P at any time The City may request modifications to submissions during the selection and negotiation process The City expects the selected party to meet all compliance requirements. See Attachment B for a listing of compliance requirements. The City has adopted procedures in the event of a protest in this selection and contracting process. See Attachment C for the protest procedure. 15

16 ATTACHMENT LIST A. Submission Evaluation Criteria B. Compliance Requirements C. Protest Procedures 16

17 ATTACHMENT A- Submission Evaluation Criteria Category Weight 1 Experience, reputation, and qualifications of the 15 % team in field of design and engineering with specific emphasis on complex marine transportation infrastructure projects 2 Demonstrated experience with design of projects 40 % that successfully incorporate several or all of the following components: public transit centers, gathering space and recreational space, private retail space, restaurant and event space 3 Understanding of the project concept and goals 10% 4 Demonstrated experience managing flexible 20% design process including program modifications driven by end-user demands, project budget, and permitting 5 Experience and qualifications of the individuals who will perform the required services, and their respective degree of participation 15 % 17

18 ATTACHMENT B COMPLIANCE REQUIREMENTS Professional service contractors are also required to comply with the following additional requirements: Additional Pay to Play Requirements Contractors are advised of the responsibility to file an annual disclosure statement on political contributions with the New Jersey Election Enforcement Commission, pursuant to N.J.S.A. 19: (P.L. 2005, c, 271, s.3), if the contractor receives contracts in excess of $50,000 in the aggregate from public entities in a calendar year. It is the contractor s responsibility to determine if filing is necessary. The report is due March 30 of each year for reporting of prior year contracts. Additional information on this requirement is available from ELEC at or at 18

19 Long Branch, New Jersey ORDINANCE NO AN ORDINANCE TO AMEND AND SUPPLEMENT ORDINANCE NO , KNOWN AS AN ORDINANCE REQUIRING PUBLIC CONTRATING REFORM, AND AMENDING AND SUPPLEMENTING THE REVISED GENERAL ORDINANCES OF THE CITY OF LONG BRANCH, NEW JERSEY ACCORDINGLY, AS ADOPTED ON MAY 10, WHEREAS, on May 10, 2005, the City of Long Branch adopted Ordinance No , known as An Ordinance Requiring Public Contracting Reform, and Amending and Supplementing the Revised General Ordinances of the City of Long Branch, New Jersey Accordingly (the Ordinance ); and WHEREAS, the Ordinance places certain limitations upon the annual amount(s) of contributions that professionals may make to the political campaigns of the local elected officials who are ultimately responsible for the award of discretionary no-bid contracts for municipal professional services; and WHEREAS, the intention of the Ordinance is to ensure trust in the process of local government, if not the quality or cost of services received, and to minimize any perceptions or concerns on the part of the public that discretionary no-bid contracts for municipal professional services are being awarded to professionals as a reward for having made substantial political contributions, or that the award of such contracts was influenced, even to a minor degree, by the payment of such contributions; and WHEREAS, it is hereby found and declared that the practice of wheeling, whereby one political organization channels campaign donations to another political organization with the intention to conceal or misrepresent the source of the contribution, may be utilized as a loophole to circumvent the proscriptions contained within the Ordinance; and WHEREAS, the City Council of the City of Long Branch, in a continuing effort to ensure the integrity of the award of public professional service contracts, has therefore determined that it would be in the best interests of the City, and its residents, to amend the Ordinance in an attempt to curb the practice known as wheeling; and WHEREAS, the City Council of the City of Long Branch also wishes to take this opportunity to clarify the arbitration provision referenced in Section 3(c) thereof; and WHEREAS, the City Council of the City of Long Branch finds that it is in the best interest of the City and its residents to require that a contribution of more than fifty dollars ($50.00) received by a candidate be reported in the manner set forth by the laws and regulations of the State of New Jersey. 19

20 NOW, THEREFORE, BE AND IT IS HEREBY ORDAINED, that Ordinance No , known as An Ordinance Requiring Public Contracting Reform, and Amending and Supplementing the Revised General Ordinances of the City of Long Branch, New Jersey Accordingly, which was adopted on May 10, 2005, is hereby amended and supplemented as follows: SECTION 1 Prohibition on Awarding Professional Contracts to Certain Contributors (a) The City of Long Branch shall not enter into an agreement for professional services with any individual and/or professional business entity if that individual or entity has solicited or made any contribution of money or pledge of a contribution including inkind contributions, to a campaign of any City of Long Branch candidate for Council or Mayor, in excess of the threshold specified in subsection (d) of this Section within one calendar year immediately preceding the date of the contract or agreement unless cured pursuant to Section 3. The prohibition set forth in this Paragraph shall also apply to any solicitation or contribution of money or pledge of a contribution including in-kind contributions made during the applicable time period to any City of Long Branch or Monmouth County Party Committee, or to any political action committee (PAC) that is organized for the primary purpose of promoting or supporting City of Long Branch candidates for Council or Mayor, so long as the solicitation or contribution was made with the intention on the part of the contributor to conceal or misrepresent the source of the contribution. (b) No professional business entity which enters into negotiations for, or agrees to, any contact or agreement with the municipality or any department or agency thereof or any of its independent authorities for the rendition of professional services shall knowingly solicit or make any contribution of money, or pledge of a contribution, including in-kind contributions, to any City of Long Branch candidate or holder of public office having ultimate responsibility for the award of the contract, in excess of the amount set forth herein. This Section is to include any and all professionals who provide political contributions to any candidate for an office whether or not that candidate is presently in office or seeks office. The prohibition set forth in this Paragraph shall also apply to any solicitation or contribution of money or pledge of a contribution including in-kind contributions to any City of Long Branch or Monmouth County Party Committee, or to any political action committee (PAC) that is organized for the primary purpose of promoting or supporting City of Long Branch candidates for Council or Mayor, so long as the solicitation or contribution was made with the intention on the part of the contributor to conceal or misrepresent the source of the contribution. (c) For purpose of this ordinance, a professional business entity seeking a public contract means an individual including the individual s spouse, if any, and any child living at home; person; firm; corporation, professional corporation; partnership; organization; or association. The definition of a business entity includes all principals who own ten percent (10%) or more of the equity in the corporation or business trust, partners, and officers in the aggregate employed by the entity as well as any subsidiaries directly controlled by the business entity. (d) Any individual meeting the definition of professional business entity under this section may annually contribute a maximum of five hundred dollars ($500.00) per 20

21 (e) candidate for Mayor and/or Council Member on an annual basis whether or not that individual has a professional services contract in place or not to the maximum extent of three thousand dollars ($3,000) per annum per business entity. This section shall apply to any presently sitting Councilperson and/or the Mayor of the City of Long Branch and shall also apply to any individual who seeks to run for the office of Council person and/or Mayor of the City of Long Branch. (i) Any individual that owns less than ten (10%) percent of a professional business entity which contracts with the City of Long Branch shall not be treated as a part of that entity. For purposes of this section, the office that is considered to have ultimate responsibility for the award of the contract shall be: (1) The City of Long Branch, if the contract requires approval or appropriation from the Council. (2) The Mayor of the City of Long Branch, if the contract requires approval of the Mayor, or if a public officer who is responsible for the award of a contract is appointed by the Mayor. SECTION 2 Contributions Made Prior to Effective Date No contribution of money or any other thing of value, including in-kind contributions, made by a professional business entity to any municipal candidate for Mayor or Council, or to any municipal or county party committee, or to any political action committee (PAC) that is organized for the primary purpose of promoting or supporting City of Long Branch candidates for Council or Mayor, shall be deemed a violation of this section, nor shall an agreement for property, good or services, of any kind whatsoever, be disqualified thereby, if that contribution was made by the professional business entity prior to the effective date of this section. SECTION 3 Penalty (a) All City of Long Branch professional service agreements shall provide that it shall be a breach of the terms of the government contract for a professional business entity as defined in Section 1(c) to violate Section 1(b) or to knowingly conceal or misrepresent contributions given or received, or to make or solicit contributions through intermediaries for the purpose of concealing or misrepresenting the source of the contribution. (b) Any professional business entity as defined in Section 1(c) and (d) who knowingly fails to reveal a contribution made in violation of this Act, or who knowingly makes or solicits contributions through intermediaries for the purpose of concealing or misrepresenting the source of the contribution, shall be subjected to a fine in the sum of $2,500 so far as the first offense and for any second offense, shall be disqualified from eligibility for future City of Long Branch contracts for a period of four calendar years from the date of the violation. (c) There shall be no breach of contract in the event a contribution is questioned and as a result of the questioning of the contribution the individual and/or business entity who makes the contribution requests that the contribution be returned by the campaign committee, the candidate or the political action committee to whom such contribution was made. In the 21

22 event of any disputes as to whether or not a campaign contribution is proper the matter shall be submitted to arbitration before a retired Judge of the Superior Court of New Jersey. SECTION 4 Reporting Requirements Any contribution received by a candidate committee, joint candidates committee, or political committee, during an election fund report period of more than fifty dollars ($50.00) or aggregate contributions received by such a committee in an election from a contributor totaling more than fifty dollars ($50.00) during such a report period shall be reported by providing the information set forth in N.J.A.C. 19: SECTION 5 Severability If any provision of this law, or the application of any such provision to any person or circumstances, shall be held invalid, the remainder of this law to the extent it can be given effect, or the application of such provision to persons or circumstances other than those to which it is held invalid, shall not be affected thereby, and to this extent the provisions of this law are severable. SECTION 6 Effective Date This Ordinance shall take effect immediately upon final passage and publication in accordance with the law. SECTION 7 Repealer All other Ordinance or parts of Ordinances inconsistent herewith are hereby repealed to the extent of such inconsistency. Introduced: 6/14/05 Adopted: 6/28/05 22

23 -49 U.S.C Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000d et seq. -U.S. DOT regulations, 'Nondiscrimination in Federally-Assisted Programs of the Department of Transportation Effectuation of Title VI of the Civil Rights Act,' 49 C.F.R. Part 21 and, Federal Transit Administration Circular A; -all equal employment opportunity (EEO) provisions of 49 U.S.C. 5332, with Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000e, and implementing Federal regulations and any later amendments thereto, as well as all applicable Federal EEO directives. The City of Long Branch is receiving federal financial assistance in connection with this Project and has set a Disadvantaged Business Enterprises (DBE) participation goal for FY2011 of 5%. As a recipient of these federal funds, the City has agreed to facilitate participation by DBE in the Project and assure that each subrecipient, lessee, and third party contractor at any tier of the Project will facilitate participation by DBEs in the Project to the extent applicable. The requirements of 49 CFR Part 26, Regulations of the U.S. Department of Transportation, apply to this contract. It is the policy of the City of Long Branch to practice nondiscrimination based on race, color, sex, or national origin in the award or performance of this contract. All firms qualifying under this solicitation are encouraged to submit bids/proposals. Award of this contract will be conditioned upon satisfying the requirements of this bid specification. These requirements apply to all bidders/offerors, including those who qualify as a DBE. A DBE contract goal of 5% percent has been established for this contract. The bidder/offeror shall make good faith efforts, as defined in Appendix A, 49 CFR Part 26, to meet the contract goal for DBE participation in the performance of this contract. Thus, although it may not be a specific requirement that such goals are met, if a bidder is unable to meet the DBE goals, it will then be required to submit evidence/documentation of good faith efforts to meet the goals. The bidder/offeror will be required to submit the following information: (1) the names and addresses of DBE firms that will participate in the contract; (2) a description of the work that each DBE firm will perform; (3) the dollar amount of the participation of each DBE firm participating; (4) Written documentation of the bidder/offeror s commitment to use a DBE subcontractor whose participation it submits to meet the contract goal; (5) Written confirmation from the DBE that it is participating in the contract as provided in the commitment made under (4); or (5) if the contract goal is not met, evidence of good faith efforts. 23

24 ATTACHMENT C PROTEST PROCEDURES A. PURPOSE This section describes the policies and procedures governing the receipt and resolution of vendor protests in connection with this RFQ/P. B. POLICY 1. Parties Only an interested party may file protest. 2. Types of Protests/Time Limits a. Protests based upon alleged restrictive specifications or alleged improprieties in the City s procurement process must be filed no later than five (5) days prior to the closing date for receipt of initial submissions. b. Protests based upon alleged improprieties of a Submission shall be filed no later than five (5) days after the Protestor knows or should have known of the facts giving rise thereto. c. Protests based upon the award of a contract shall be filed no later than five (5) days after the notification to the unsuccessful firms of the City s intent to award, or no later than five (5) days after an unsuccessful firm becomes aware of the City s intent to award a contract, whichever comes first. d. All protests must be filed in writing. Oral protests will not be accepted. 3. Where to File Protests must be filed directly with the City Administrator, at the address indicated in the solicitation. 4. The Protest a. The protest must contain the following information: i. The name, address and telephone number of the protestor. ii. Identity of the RFQ/P (by number and description). iii. A statement of the specific grounds for protest and any supporting documentation. Additional materials in support of the protest will only be considered if filed within the time limits set in Paragraph B. 24

25 iv. An indication of the ruling or relief desired from the City. b. If the protest is filed before contract award, the potential consultant will be advised by the City of the pending protest. c. If deemed appropriate by the City, an informal conference on the merits of the protest may be conducted with all interested parties allowed to attend. 5. Non-Confidentiality of Protest Material submitted by a protestor will not be withheld from any interested party, except to the extent that the withholding of information is permitted or required by law or regulation. If the protestor considers that the protest contains proprietary material, which should be withheld, a statement advising of this fact must be affixed to the front page of the protest documents and the alleged proprietary information must be so identified wherever it appears. 6. Response to the Protest The City Administrator, or designee, will respond to the protest within a reasonable time after receipt of the protest by the City. The City s response shall address only the issues raised originally by the protestor. 7. Rebuttal to the City s Response The protestor may submit a written rebuttal to the City s response, addressed to the City Administrator, but must do so within five (5) days after receipt of the original the City response. New issues in the rebuttal will not be addressed by the City. After receipt of the protestor's rebuttal, the City Administrator will review the protest and notify the protestor of his or her final decision. 8. Request for Additional Information Failure of the protestor to comply expeditiously with a request for information as specified by the City Administrator or designee may result in determination of the protest without consideration of the additional information. If any parties to the protest request information from another party, the request shall be made to the City Administrator, or designee, and shall be complied with by the other party within five (5) days if the City so directs. 9. Request for Reconsideration If data becomes available that were not previously known, or there has been an error of law, a protestor may submit a request for reconsideration of the protest. The City Administrator will again review the protest considering all currently available information. The determination of the City Administrator will be made within a reasonable period of time, and his or her decision will be final. 25

26 10. Procurement Process Status Upon timely receipt of a protest, the City will delay the receipt of submissions until after resolution of the protest for those protests filed prior to the submission due date, or withhold award until after resolution of the protest for protests filed after receipt of submissions. However, the City may receive submissions or award a contract whenever the City, at its sole discretion, determines that: a. The items or work to be procured are urgently required; or b. Delivery or performance will be unduly delayed by failure to make the award promptly, or c. Failure to make prompt award will otherwise cause undue harm to the City or the Federal Government. 11. Federal Transit Administration (FTA) Involvement Where the FTA funds procurement, the protestor may protest to the FTA only where the protest alleges that the City failed to have or to adhere to its protest procedures. Any protest to the FTA must be filed in accordance with FTA Circular 4220.lf. 12. Definitions a. "Days" means working days. b. "File or Submit" means date of receipt by the City's Contracting Officer. c. "Federal Law or Regulation" means any valid requirement imposed by Federal statue or regulation governing contracts awarded pursuant to a grant agreement between the City and the FTA. This includes the requirements as stated in FTA Circular 4220.lf. d. "Interested Party" means all Proposers. It may also include a subcontractor or supplier provided they have a substantial economic interest in a portion of the RFQ/P. e. "Potential Consultant" means the bidder that is in line for award of the contract in the event that the protest is denied. f. Bidder s Hearing In the event that a bid is to be rejected, the bidder will be notified of the proposed action in writing by the Purchasing Agent, and afforded the right to a Hearing before the City s Hearing Officer. The Hearing Officer will make a recommendation to Council based upon the information gathered at the hearing. Should the bidder fail to request a hearing, he will be barred from challenging the award of the bid. 26

27 City of Long Branch BID DOCUMENT CHECKLIST* Required by owner Submission Requirement Stockholder Disclosure Certification Non-Collusion Affidavit Bid Proposal Form References, provided by bidder Status of Present Contracts, provided by bidder Receipt Of Addendum Equipment Certification Bid Guarantee (with Power of Attorney for full amount of Bid Bond) Public Works Contractor Certificate Consent of Surety (with Power of Attorney for full amount of Bid Price) Mandatory Affirmative Action Language Prevailing Wage Americans with Disabilities Act of 1990 Language Proof of Business Registration Pay To Play Disclosure Initial each required entry and if required submit the item 27

28 City of Long Branch NON-COLLUSION AFFIDAVIT State of New Jersey County of ss: I, residing in (name of affiant) (name of municipality) in the County of and State of of full age, being duly sworn according to law on my oath depose and say that: I am of the firm of (title or position) firm) (name of the bidder making this Proposal for the bid entitled, and that I executed the said proposal with (title of bid proposal) full authority to do so that said bidder has not, directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free, competitive bidding in connection with the above named project; and that all statements contained in said proposal and in this affidavit are true and correct, and made with full knowledge that the relies upon the truth of the statements contained in said Proposal (name of contracting unit) and in the statements contained in this affidavit in awarding the contract for the said project. I further warrant that no person or selling agency has been employed or retained to solicit or secure such contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, except bona fide employees or bona fide established commercial or selling agencies maintained by. Subscribed and sworn to before me this day Signature, 2 (Type or print name of affiant under signature) Notary public of My Commission expires (Seal) 28

29 City of Long Branch STOCKHOLDER DISCLOSURE CERTIFICATION Name of Business I certify that the list below contains the names and home addresses of all stockholders holding 10% or more of the issued and outstanding stock of the undersigned. OR I certify that no one stockholder owns 10% or more of the issued and outstanding stock of the undersigned. Check the box that represents the type of business organization: Partnership Corporation Sole Proprietorship Limited Partnership Limited Liability Corporation Limited Liability Partnership Subchapter S Corporation Sign and notarize the form below, and, if necessary, complete the stockholder list below. Stockholders: Name: Home Address: Name: Home Address: Name: Home Address: Name: Home Address: Subscribed and sworn before me this day of, 2. (Notary Public) My Commission expires: Name: Home Address: Name: Home Address: (Affiant) (Print name & title of affiant) (Corporate Seal) 29