marine park rfp...a proposal guarantee (proposal bond or equivalent) pursuant to njsa 40a:11.21...

Borough of Red Bank MONMOUTH COUNTY, NEW JERSEY

REQUEST FOR PROPOSALS FOR

THE MARINE PARK GREEN ACRES DEVELOPMENT CONCEPTS AND LEASE

BOROUGH COUNCIL MAYOR Pasquale Menna

Arthur V. Murphy, Council President Michael DuPont Kathleen Horgan

Linda D. Schwabenbauer Edward Zipprich Cindy Burnham

Stanley J. Sickels, Administrator

PROPOSAL DUE DATE: April 15, 2015 at 10:00AM

REQUEST FOR PROPOSALS PREPARED BY:

Borough of Red Bank Administration 90 Monmouth Street Red Bank, New Jersey 07701

Stanley J. Sickels Borough Administrator

REQUEST FOR PROPOSALS Notice is hereby given that sealed proposals will be received by the Mayor and Borough Council of Red Bank, Monmouth County, New Jersey for the Marine Park Green Acres Development Concepts and Lease and opened and read in public in the Borough Council Chambers, 90 Monmouth Street Red Bank, N.J. 07701 during opening of the proposals on April 15, 2015 at 10:00AM prevailing time. Bid Documents for the proposed work prepared by Stanley J. Sickels, Borough Administrator 90 Monmouth Street Red Bank, N.J. 07701 are on file in the office of the Administrator and on the Borough website at www.RedBankNJ.org Documents may also be inspected by prospective respondents during business hours (9AM to 5PM Monday through Friday). Stanley Sickels may be contacted at 732-530-2748. Alternatively, you may call Christine A. Ballard, P.E. for further assistance at 732-671-6400 Respondents will be furnished with a copy of the bid documents by the Administrator or they can be downloaded from the Borough website at www.RedBankNJ.org . Proposals must be submitted as outlined in the Request for Proposal. The award of the Contract for this work will be made pursuant to the respective Local Public Contract Law Provisions outlined in N.J.S.A. 40A:11-1 et seq.. The Borough of Red Bank reserves the right to require a complete financial and experience statement from prospective respondents showing that they have satisfactorily completed work of the nature required before furnishing proposal forms or specifications, or before awarding the contract. The right is also reserved to reject any and all proposals or to waive any informality where such informality is not detrimental to the best interest of the Borough of Red Bank. Respondents are required to comply with the current requirements of P.L. 1975, C.127 (Affirmative Action), c.33 (Disclosure of Ownership). All participating respondents must comply with the provisions of N.J. State Business Registration Law (Chapter 57, Public Laws of 2004-S-1778). The successful respondent will be required to comply with the provisions of the New Jersey Prevailing Wage Act, Chapter 150 of the Laws of 1963, effective January 1, 1964. BY ORDER OF THE MAYOR AND COUNCIL OF THE BOROUGH OF RED BANK

STANLEY J. SICKELS, ADMINISTRATOR

Last Updated: March 11, 2015

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FORM OF PROPOSAL BY

_________________________________________________________________ (Respondent's Name) _________________________________________________________________ (Address) TO THE BOROUGH OF RED BANK _________________________________________________________________ (Owner's Name) BOROUGH OF RED BANK, MONMOUTH COUNTY, NEW JERSEY _________________________________________________________________ (Borough, County & State)

FOR THE MARINE PARK GREEN ACRES DEVELOPMENT CONCEPTS AND

LEASE ______ The UNDERSIGNED, as respondent, declares that the only persons or parties interested in this proposal as principals are named herein; that this proposal is in all respects fair and without collusion or fraud; that no officer or employee of the Owner is directly or indirectly interested in this proposal or the work of this contract or in any portions of the profits thereof; that he has carefully examined the annexed contract documents; that he or his representative has made a personal inspection of the site of the proposed work; and that he proposes and agrees that if this proposal is accepted, he will contract with the above-named Owner, in the form of contract hereto annexed, and to provide the necessary machinery, tools, apparatus, and other means of construction, and to furnish all the materials, equipment and labor specified in the contract in the manner and time therein specified, and according to the requirements of the Administrator as therein specified, and according to the requirements of the Administrator as therein set forth, and that he will take in full payment therefore the following prices to wit: NOTE: Complete and submit the loose, unbound copy of this Proposal Form only.


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NOTICE, REVISION OR ADDENDA RECEIPT ACKNOWLEDGEMENT FORM

(Pursuant To Public Law 1999, Chapter 39)

The RESPONDENT acknowledges receipt of the below listed notices, revisions and/or addenda. This addenda will be issued pursuant to NJSA 40A.11-23 c.1 at least seven (7) business days prior to proposal

due date:

Notice, Revision or Addendum

No. Date

(mo/dd/yyyy) Title or Description Respondent’s

Initials


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PROPOSAL SUBMISSION CHECKLIST (One (1) Original & Five (5) Copies)

(Pursuant to NJSA 40A:11-23.2) The undersigned RESPONDENT declares that the required documents, as noted below, have been completed reviewed and or executed by the RESPONDENT and are submitted as part of this proposal.

DOCUMENT RESPONDENT’S

REQUIRED

DESCRIPTION OF DOCUMENT INITIALS

Failure to submit any of the following documents with the Proposal will mandate rejection of the proposal.

Notice Revision or Addenda Receipt Acknowledgement Form

pursuant to NJSA 40A.11-23.

Form of Proposal, completed & signed by appropriate authorized representatives of RESPONDENT (form of proposal & list of exceptions (if any) at the end of each technical specification).

A Statement (disclosure) of Ownership pursuant to NJSA 52:25-24.2.

A copy of the Respondent’s Certificate of Registration pursuant to NJSA 52:32-44, et seq. (Contractor Business Registration Act).

A Proposal Guarantee (proposal bond or equivalent) pursuant to NJSA 40A:11.21 (Form enclosed).

A surety company certificate (Consent of Surety) pursuant to NJSA 40A.11-22.

Name and Resumes of principles and associates to be assigned to this project.

Examples of other similar projects as detailed herein.

Cost Proposal Section.

Detailed List of any deviations from the detailed technical specifications listed herein.

Completed Lease Agreement proposed by respondent (Borough to evaluate pursuant to Section 11 of the Request For Proposal).

Site Plan and Rendering (All respondents must supply ten copies of a site plan showing the proposed improvements along with a color rendering of the same).

Failure to submit any of the following documents with Proposal will be cause for rejection of the proposal unless waived by the OWNER (1B.11). subject to the standard of materiality established by Township of River Vale v. R.J. Longo Construction Co. 127 N.J. Super 207,216 (Law Div. 1974).


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DOCUMENT RESPONDENT’S

REQUIRED

DESCRIPTION OF DOCUMENT INITIALS

A Non-Collusion Affidavit

Evidence of Registration for the respondent pursuant to NJSA 34:11-56-48 et. seq. (Public Works Contractor’s Registration Act)

A statement of Experience & Qualifications


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OPTION #1A MARINE PARK GREEN ACRES CONCEPT AND LEASE – PARCEL A Item No.

Description Estimated Quantity

Units Unit Price

Amount

1A -1 Complete Conceptual Design of a

Recreation Use in Conformance with NJDEP 7:36-25.6. 25.7 & 25.13 that incorporates public access and recreational uses for all demographics, sustainable design and waterfront access on the approximately 29,805 s.f. (0.68 acres) parcel A (Block 9, Lot 5.01) as shown on Attachment A.

1 LS

Due to the need for Green Acres Approval on said property, all pricing that is submitted for all items in Option #1A must remain firm until September 2015.


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OPTION #1B MARINE PARK GREEN ACRES CONCEPT AND LEASE – PARCEL B

Item No.


Units Unit Price

Amount

1B -1 Complete Conceptual Design of a

Recreation Use in Conformance with NJDEP 7:36-25.6. 25.7 &25.13 that incorporates public access and recreational uses for all demographics, sustainable design and waterfront access on the approximately 6,600 s.f. (0.15 acres) parcel B (Block 9, Lot 5.04) as shown on Attachment A.

LS

Due to the need for Green Acres Approval on said property, all pricing that is submitted for all items in Option #1B must remain firm until September 2015.


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OPTION #1C MARINE PARK GREEN ACRES CONCEPT AND LEASE – PARCEL A & B COMBINED

Item No.


Units Unit Price

Amount

1C -1 Complete Conceptual Design of a

Recreation Use in Conformance with NJDEP 7:36-25.6. 25.7 &25.13 that incorporates public access and recreational uses for all demographics, sustainable design and waterfront access on the approximately 29,805 s.f. (0.68 acres) s.f. parcel shown as Parcel A (Block 9, Lot 5.01) and on the approximately 6,600 s.f. (0.15 acres) parcel shown as Parcel B (Block 9, Lot 5.04) on Attachment A.

1 LS

Due to the need for Green Acres Approval on said property, all pricing that is submitted for all items in Option #1C must remain firm until September 2015.


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DISCLOSURE OF OWNERSHIP (If respondent is a sole proprietorship check here (____) and do not complete this statement)

The UNDERSIGNED as respondent, in accordance with P>L> 1977, Chapter 33, declares and submits this State of Ownership.

Respondent is a Corporation ( ) Partnership ( ) Joint Venture ( ) L.L.C. ( )

Full name of Individual (Stockholder)(Partner)

Address of Individual (Stockholder)(Partner)

Share (%) Owned

Respondent’s Initials

1.

2.

3.

4.

Number of minority (less that 10%) owners not listed ____________ TOTAL 100% Notes: 1. Attach additional sheets in this format, if necessary.

2. If a corporation or partnership is shown as a greater than 10% owner, attach similar breakdown of (“its”) individual owners.

THIS STATEMENT MUST BE INCLUDED WITH PROPOSAL SUBMISSION

Subscribed and sworn before me This day of , 20___ (Affiant) (Notary Public) (Print name & title of affiant)

My Commission Expires: (Corporate Seal)


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NON COLLUSION AFFIDAVIT

STATE OF NEW JERSEY:

: SS.

COUNTY OF:

I , of the of

in the County of and State of New Jersey, of full age, being duly sworn

according to law on my oath depose and say that:

I am of the firm of , the respondent

making the Proposal for the above named project, and that I executed the said Proposal with full authority

so to do; that said respondent has not, directly or indirectly, entered into an 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 this Affidavit are true and

correct, and made with full knowledge that the Borough of Red Bank relies upon the truth of the

statements contained in said Proposal and in the statements contained in this affidavit in awarding the

contract for the said project:

BY: Subscribed and sworn to Before me this Day of , 20 Notary Public of New Jersey My Commission Expires: .


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As an authorized representative of the identified company, I accept all the terms and conditions identified in Request for Proposal # 2015-21 except as identified. Telephone Number Trade Name of Respondent 1. Signed By

Signature Title

2. Signed By

Signature Title

3. Signed By

Signature Title

Signed this day of , 20 . NOTE: If the partnership, all general partners must sign. If a corporation, the president and at least one

other officer must sign. If a proprietorship, the proprietor must sign. Proposals signed by an agent must be accompanied by a Power-of-Attorney for the Principal or Principals involved. Attach additional signature sheets in the above form if necessary.


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REQUEST FOR PROPOSAL No. 2015-21

Marine Park Green Acres Development Concepts and Lease 1) INTENT The Borough of Red Bank is soliciting qualified firms to submit development concepts for Marine Park Green Acres as detailed herein. 2) PROPOSAL DUE DATE Signed and Sealed proposals will be accepted up until April 15, 2015 at 10:00AM in the Office of the Borough Clerk, 90 Monmouth Street Red Bank, New Jersey 07701 and mailed to the attention of Stanley J. Sickels, Administrator. 3) OVERVIEW The Borough of Red Bank is seeking proposals for new development concepts at Marine Park. The Borough is seeking to enhance existing Marine Park recreation uses while complying with the N.J.A.C. 7:36-25.6 (Change in purpose of use of funded or unfunded parkland), 7:36-25.7 (Construction of buildings on funded parkland; use of existing buildings on funded parkland) and 7:36-25.13 (Leases, use agreements, or concession agreements for recreation and conservation purposes on funded or unfunded parkland). The Borough will accept individual proposals for Parcel A, Parcel B or a combination of both. The proposals will be evaluated on award criteria as shown below in Section 4 (Award Criteria). 4) AWARD CRITERIA The award of a contract for the described project will be made by the Borough’s RFP Evaluation Committee pursuant to the competitive contracting provisions outlined in N.J.S.A. 40A:11-4.5., and pursuant to the scoring system outlined below and shall be based on the respondents’ qualifications including, but not limited to the following: CRITERIA

ID CRITERIA MAXIMUM

SCORE ACTUAL SCORE

A. Expansion of Recreational Uses that do not Currently Exist in Red Bank

20

B. Incorporation of Recreation Elements for Children, Red Bank Youth Groups, Parks & Recreation Committee and Summer Camp Programs. Incorporation of Recreation Elements for Senior Citizen Programs

30

C. Incorporation of Sustainable Design Elements in accordance with LEED

15

D. Incorporation of Waterfront Programming & Activities

20

E. Proposed Lease & Revenue Projections & Public Funding

15

F. TOTAL 100


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Each proposal will be reviewed by the Evaluation Committee based upon how it best meets the goals and objectives of Items A through E described below. The respondent shall incorporate any, all, or none of the objectives from each category and the Evaluation Committee will score each Proposal accordingly. The methodology for evaluation of Item A of the award criteria will be based on a maximum amount of 20 points. The point determination will be based on the following criteria:

Expanding recreational offerings that do not currently exist in the Borough of Red Bank. Proposed recreation uses complement the existing recreational uses at Marine Park. Proposed uses do not hinder existing events and activities in Marine Park (festivals,

concerts, etc.) Creativity of proposed uses, combination of uses and diversity of mixed recreational

and/or passive uses that are aligned with the community vision and purpose. Proposed uses include family oriented activities. Any proposed use (including, but not limited to food service, equipment rental or

maintenance) is in conformance with Green Acres rules; Proposed uses must conform to NJAC 7:36-25.6 Change in purpose or use of funded or

unfunded parkland and NJAC 7:36-25.7 Construction of buildings on funded parkland; use of existing buildings on funded parkland (See Attachment B for more detailed information).

Respondent should include an operation schedule for each use in the proposal including but not limited to normal operating hours and any months that said use will be closed. Due to limited parking at Marine Park, preference is given to uses that bring different users at different times.

Any indoor component must be limited to 25% of total use. Percentage of indoor component must be specified in the Proposal Package. Preference is given to those with seamless interaction between indoor and outdoor uses.

All uses must maintain complete public access. The methodology for evaluation of Item B of the award criteria will be based on a maximum amount of 30 points. The point determination will be based on the incorporation of the following criteria:

Proposed development creates recreation uses that provide elements for children, youth groups, parks and recreation programs and summer camp programs.

Proposed development will provide recreation uses that are usable year round (not exclusive to indoor activities).

Proposed uses are available for children of all socioeconomic backgrounds or offer subsidies so all children from surrounding areas may participate in programming.

Proposed development creates recreation uses geared towards the senior community. The methodology for evaluation of Item C of the award criteria will be based on a maximum amount of 15 points. The point determination will be based on the incorporation of the following criteria:

Incorporation of LEED Building Design & Construction Practices, Interior Design & Construction Practices and Neighborhood Development Practices


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Project will incorporate features to minimize energy consumption and water usage. Project will consider methods to preserve the public rights to light, air and open space.

The methodology for evaluation of Item D of the award criteria will be based on a maximum amount of 20 points. The point determination will be based on the incorporation of the following criteria:

The Navesink River is one of the greatest assets available to Red Bank residents and its visitors. The proposed development should provide uses that complement the existing waterfront access.

Proposed development will have a maximum height so as to not block existing views of surrounding properties.

Proposed development should encourage activities that promote the waterfront access at Marine Park. The best waterfront amenities increase everyone’s comfort and enjoyment of the River throughout the year.

Creation of a focal point for Marine Park and further enhance Red Bank as a waterfront destination, giving people a place to visit, walk, fish and boat.

Any requests for use of boat slips or boat access from the existing bulkheads should be clearly stated. The number of slips needed and/or need for modification along the waterfront should be clearly stated in the Proposal.

The methodology for evaluation of Item E of the award criteria will be based on a maximum amount of 15 points. The point determination will be based on the incorporation of the following criteria:

Proposed Lease terms. o Lease Terms shall follow NJAC 7:36-25.13 Leases, use agreements or concession

agreements for recreation and conservation purposes on funded or unfunded parkland (See Attachment B for more detailed information) The initial lease or agreement shall provide for an initial term of no more

than 5 years; A maximum initial lease or agreement of no more than 25 years may be

considered based on the lessee’s investment; Typical long term lease terms are granted to projects with an initial capital

investment above $1,000,000. (ex. 10 year lease for $1,000,000 initial capital investment, 20 year lease for $2,000,000 initial capital investment)

A lease or agreement over 25 years constitutes a diversion. Projected revenue income produced from activities at the site. Public Funding requirements or any fees anticipated to be collected by the respondent. Any requests for a joint venture between the Borough and the Respondent should be

clearly identified in the Proposal. The respondent shall provide a firm estimate of the total cost of any capital investments

that it intends to make in connection with the use and development of each parcel. The Evaluation Committee will give consideration to any such proposed capital investments at Marine Park to be made by the respondent on behalf of the Borough. All financial benefits and amounts to be received by the Borough, whether in the form of capital investment, ongoing payment (e.g. monthly lease payments), or a combination of both, will be considered and evaluated to determine which overall outcome is in the best


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interest of the Borough. Because the Borough will rely upon the capital investment estimate to evaluate the award of this RFP, the successful respondent shall make a capital investment in an amount no less than the estimate contained in its response to the RFP.

The Borough will accept individual proposals for Parcel A, Parcel B or a combination of both. The Borough reserves the right to award lease agreements to one lessee or two (one for Parcel A and a second for Parcel B), if the Borough determines such bifurcated award is in the best interest of the Borough.

The methodology for evaluation of Item F of the award criteria will be based on the highest cumulative point total for items A through E for a maximum of 100 points. Respondents are responsible for submission of accurate, adequate and clear descriptions of the information requested. Omissions, vagueness or inaccurate descriptions or responses shall not be interpreted in favor of the respondent and shall be grounds for proposal rejection. It is the responsibility of the Respondent to demonstrate competence, experience and ability to successfully complete items outlined in their submission. Financially qualified individuals or entities are determined solely by the Borough of Red Bank. Respondents may be required to make a presentation of their qualifications and proposal to the Evaluation Committee. The Borough reserves the right to waive any minor deviation in proposal responses received when such waiver is in the best interests of the Borough, and reserves the right to modify any requirements, terms or conditions as outlined in this request for proposal (RFP) when such modification(s) is in the best interests of the Borough. This document is not an offer to contract but is an RFP as defined herein, to satisfy specific user requirements of the Borough of Red Bank. Neither the issuance of the RFP, preparation and submission of a response, nor the subsequent receipt and evaluation of any response by the Borough of Red Bank, will commit the Borough to award a contract to any vendor even if all of the user requirements in the RFP are met. The Borough may modify these requirements in whole or in part and/or seek additional vendors to submit quotations. Only the execution of a written contract will obligate the Borough in accordance with the terms and conditions contained in such contract. Either Option 1A, 1B or 1C will be chosen by the Borough based on funding availability and compliance with the New Jersey Green Acres rules. A letter outlining the Borough’s evaluation of the Proposal will be provided to the successful respondent for their review and comment prior to formal award by the Borough. Respondent must indicate concurrence with the Borough’s evaluation of the Proposal prior to formal award. 5) LIABILITY REQUIREMENTS The successful respondent shall supply and maintain insurance which defends, indemnifies and holds harmless the Borough of Red Bank, its officers, employees and agents from and against any and all liability, damage, claims, demands, costs, judgments, fees, attorney's fees or loss


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arising directly out of acts or omissions hereunder by the contractor or third party under the direction or control of the contractor. If any construction is proposed, the successful respondent must furnish the Borough with Certificates of Insurance prior to commencement of work. The required coverage shall not be less than the following: Workers Compensation Statutory Requirements NJ State Disability Coverage Statutory Requirements GENERAL LIABILITY $2,000,000 AUTOMOBILE LIABILITY $1,000,000 “CONTRACTUAL LIABILITY” (MUST BE PRINTED ON CERTIFICATE)

INSURANCE CERTIFICATES SHALL NAME THE BOROUGH OF RED BANK AND THE

NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION (NJDEP) AS ADDITIONAL INSURED PARTIES AND SHALL STATE THAT

(The following clause MUST be printed on Certificate of Insurance) “ALL COVERAGE SHALL BE PRIMARY TO ANY OTHER

INSURANCE COVERAGE HELD BY THE BOROUGH”

“The Borough of Red Bank is named as an additional insured for all general and excess liability coverage based on the contractual liability of the Named Insured. Such general and excess liability coverage shall be primary to any other coverage carried by the Borough of Red Bank with respect to acts or omissions of the Named Insured.” 6) NEW JERSEY LAW AND VENUE. This contract shall be construed under the laws of the State of New Jersey. All claims, actions, proceedings, and lawsuits brought in connection with, arising out of, related to, or seeking enforcement of this contract shall be brought in the respective Court of the State of New Jersey, Monmouth County. In addition, all Borough contractors not incorporated in the State of New Jersey must produce a Certificate to Do Business in the State of New Jersey from the New Jersey Department of Treasury prior to executing their contract with the Borough. 7) ASSIGNMENT The awarded vendor shall not assign the contract or any part thereof without the written approval from the Administrator of the Borough of Red Bank. 8) LABOR LAWS The awarded vendor will be required to comply with all applicable laws, including, but not limited to, Labor Laws, Prevailing Wage Rates, and Workers Compensation.


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9) QUALIFICATION REQUIREMENTS Respondents must demonstrate their ability to complete and execute items outlined in their Proposal. The following items must be provided as part of this Proposal so that the Evaluation Committee may determine vendor qualifications: Description of experience providing development as detailed herein, including number of

years’ experience and staffing References for clients with similar Green Acres development Provide any references for similar development of any size. Evidence that a Representative of the Respondent is physically located within 150 miles of

the Borough of Red Bank Statement of Financials and References for the same

10) PROPOSAL FORMAT Your proposal should include the following: 1. Detailed information on how your firm meets the qualification as listed herein. 2. Specifications/Cut Sheets and Conceptual Rendering for all components proposed. 3. Name and resumes of principals and associates to be assigned to this project. 4. Examples of other similar projects including information of date of construction and construction value. 6. Cost proposal section. 7. Lease proposal section. 8. Ten (10) color copies of your proposal and one (1) electronic submission. 11) COST SUMMARY

Please provide costs for Option 1A, 1B or 1C. The price shall cover the total costs to develop and construct the approved conceptual design plans, provide all labor and materials necessary to complete the work.

In addition to the costs outlined in the bid proposal, the Respondent shall be responsible for posting $5,000 review escrow and paying all Borough fees to outside agencies, as appropriate.

12) PROPOSAL DEPOSIT A good faith proposal deposit by certified check in an amount equivalent to ten (10) percent of the total proposal price must accompany all proposals. Alternatively, the respondent may post a proposal bond (not to exceed $5,000) pursuant to 40A:11.2.1 (form enclosed).

The Proposal Deposit will be returned once the bidding review period has ended.

13) PERFORMANCE BOND

The contractor, upon notice of award, may be required to furnish a Performance Bond in an amount equal to 100% of the contract.


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14) BOROUGH CONTACT PERSON If there are any questions concerning this Request for Proposal, please contact Stanley J. Sickels, Borough Administrator, at (732) 530-2748. Additional information may also be obtained by the Borough Engineer, Christine A. Ballard, P.E. at 732-671-6400. 15) SCOPE OF WORK The contractor shall be responsible to provide a conceptual design that is in accordance with N.J.A.C. 7-36-25.6, 25.7, & 25.13 (New Jersey Department of Environmental Protection Green Acres Program) rules and regulations. Lands available for use/lease are outlined in Appendix A. 16) DETAILED SPECIFICATIONS: Proposals must address each of the items outlined in the award criteria and provide a narrative on how the proposal complies or does not comply with the items listed. Respondents may be asked to provide additional information such as timeframe for construction and specifications to the Borough of Red Bank.


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ATTACHMENT A


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ATTACHMENT B

CBallard

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