atlantic city 0102U025 - Complete Specifications (1).pdf

NOTICE TO BIDDERS

Notice is hereby given that sealed bids shall be received by the City of Atlantic City on September 24, 2026 at 10:00am (Prevailing time) electronically to the City, through E-Procurement platform in accordance with N.J.A.C. 5:34-1 et. Seq., on BidNet Direct accessible via www.bidnetdirect.com// atlanticcity:

BID #26-40R Fisherman's Park Pump Station Upgrades EDA Project #ED24PHI0G0302

Bids shall be electronically uploaded, no physical bids shall be received, opened or honored.

Specifications and instructions may be obtained from bid platform www.bidnetdirect.com//atlanticcity

Submission of Bid:

If indicated, bid submission shall be accompanied by a certified check, cashier’s check, or bid bond in the amount of ten per centum (10%) of the total amount of the bid, but not in excess of twenty thousand ($20,000) dollars and made payable to the City of Atlantic City. Bidder shall submit a copy of the bid guarantee with electronic submittal and mail PRIOR to bid opening the original to the City of Atlantic City, Purchasing Department, 1301 Bacharach Blvd, Suite 310, Atlantic City, NJ 08401. The bid bond may also be provided in certified check and cashier’s check in accordance with provisions within general requirements of this bid.

For zoom opening information contact:

Sean P. Canning, QPA scanning@TheCanningGroup.org

Bidders are required to comply with the requirements of N.J.S.A.10:5-31 et seq. and N.J.A.C. 17:27. This project will be partially funded with Federal funds from the United States Department of Commerce, Economic Development Administration and therefore is subject to the Federal laws and regulations associated with that program.

Bid results will be posted on www.bidnetdirect.com//atlanticcity within 24 hours of the bid opening.

This bid has been advertised in accordance with the “Fair and Open Basis” (N.J.S.A. 19:44A-20.5).

Kelly Astin, QPA City of Atlantic City Purchasing Agent

SPECIFICATIONS & INSTRUCTIONS

SECTION 1: CONDITIONS APPLICABLE TO BID

ADDENDA, INTERPRETATIONS & BID SPECIFICATION CHALLENGES

No interpretations of the meaning of the specifications shall be made to any bidder orally. All questions and requests for interpretation concerning this bid shall be addressed through www.bidnetdirect.com//atlanticcity

RFI DEADLINE IS , September 10, 2026 AT 2:00PM

Any and all such interpretations and/or supplemental instructions shall be in the form of written addenda to the specifications, which if issued, shall be issued in accordance with applicable State Laws. All addenda so issued shall become part of the contract documents and shall be attached to the bid form when submitted. The City of Atlantic City reserves the right to purchase items from State Contract and Atlantic County Pricing Agreement Contracts vendors, if serves the interest of the City of Atlantic City.

THE CITY OF ATLANTIC CITY IS REQUESTING A COPY OF YOUR NEW JERSEY BUSINESS REGISTRATION

CERTIFICATE BE SUBMITTED WITH YOUR BID.

Revised Contract Language for BRC Compliance Goods and Services Contracts (including purchase orders)

N.J.S.A 52:32-44 imposes the following requirements on contractors and all subcontractors that knowingly provides goods or perform services for a contractor fulfilling this contract: 1) the contractor shall provide written notice to its subcontractors to submit proof of business registration to the contractor; 2) prior to receipt of final payment from a contracting agency, a contractor must submit to the contracting agency an accurate list of all subcontractors or attest that none was used; 3) during the term of this contract, the contractor and its affiliates shall collect and remit, and shall notify all subcontractors and their affiliates that they must collect and remit to the Director, New Jersey Division of taxation, the use tax due pursuant to the Sate and Use Tax Act, (N.J.S.A. 54:32B-1 et seq.) on all sales of tangible personal property delivered into this State.

A contractor, subcontractor or supplier who fails to provide proof of business registration or provides false business registration information shall be liable to a penalty of $25.00 for each day of violation, not to exceed $50,000 for each business registration not properly provided or maintained under a contract with a contracting agency. Information on the law and its requirements is available by calling (609) 292-9292.

CERTIFIED CHECK, CASHIER’S CHECK, OR BID BOND

No certified check, cashier’s check or bid bond shall be required if the total amount of the bid is under $50,000.00 per Mayor James Whelan’s Executive Order No. 2 of 1994. A certified check, cashier’s check or bid bond is required for bids over $50,000.00, drawn upon a National or State Bank or Trust Company, to the order of the City of Atlantic City, New Jersey for the sum of ten percentum (10%) of the total amount bid, but not in excess of $20,000.00. All certified or cashier’s checks or bid bonds deposited by bidders to whom a contract is not awarded shall be returned to them by the City Clerk at the time of award of a contract hereunder, and the certified or cashier’s check or bid bond deposited by the successful bidder shall be returned upon the proper execution and delivery of the award of contract and required bond, if called for.

In the event the successful bidder fails to execute and deliver such contract within TEN (10) DAYS from the date of the receipt of notice of final award of contract, the certified or cashier’s check or bid bond so submitted with bid shall be considered as liquidated damages accruing to the City of Atlantic City and not as a penalty and the City of Atlantic City shall retain same in full settlement for any and all damages sustained by it as a result of such default.

ANY AND ALL BONDS OF ANY TYPE THAT ARE REQUIRED IN THESE SPECIFICATIONS SHALL

BE FROM A COMPANY AUTHORIZED TO DO BUSINESS IN THE STATE OF NEW JERSEY.

CONSENT OF SURETY

Each proposal of $50,000.00 or more shall be accompanied by a certificate from a surety company stating that it shall provide the contractor with a bond in such sum as is required in the specifications. The Consent of Surety shall be submitted with the bid package, but as stated above, no surety or performance bonds will be required if bid is under $50,000.00.

The successful bidder shall be required to furnish a bond of a surety company authorized to do business in the State of New Jersey, in a sum equal to one hundred percent (100%) of the total contract price. Said bond shall be satisfactory as to form to the City Solicitor and as to surety to the Comptroller of the City of Atlantic City and is to be conditioned for the faithful performance of the contract to be entered into and, also, for the payment of lawful claims of subcontractors, material men, laborers, persons, firms or corporations of labor performed or material, provisions, provender, or other supplies or teams, fuels, oils, implements of machinery furnished, used or consumed in the carrying forward, performing or completing of said contract. Attach Consent of Surety from a Surety Company, meeting the requirements, described herein, stating that if the bidder is awarded the contract that the surety company shall supply the bonds for the contract.

1. Shall be an irrevocable, unconditional commitment by the surety to issue on behalf of the bidder the bond or bonds set forth in the contract documents upon award of the project in the full amounts specified.

2. Shall include all bonds required by the contract documents i.e. performance, labor and material payment, maintenance, environmental, etc.

3. Certificate (Consent) of Surety is not waiveable and shall be considered a material defect resulting in rejection of bid if omitted from bid package.

4. Shall not contain any provision that would serve to limit the surety’s liability to the “spread to second” bidder in the event the bidder fails to enter into a contract upon award.

INDEMNIFICATION AGAINST CLAIMS

The successful bidder shall indemnify and save the City harmless from and against all suits, claims, actions or judgments for any injury or damage sustained or alleged to have been sustained by any party or parties by reason of the use of defective materials, furnished and delivered under the contract to be awarded hereunder or by or on account of any act of omission or commission of any contractor, his, its, or their agents or employees and in case any such action be brought against the City, the contractor shall immediately take charge of and defend same at his, its, or their own cost and expense. The city shall, if it so desires, defend such actions and charge the expense of same to the contractor.

PERFORMANCE, PAYMENT, AND MAINTENANCE BONDS

The bidder whose bid is accepted shall furnish to the City, a performance bond and labor and material payment bond, or a combination performance and labor and material payment bond, and at the completion of the work, a two (2) year maintenance bond, each in the amount of 100% of the final contract price, with such sureties as shall be approved by the City and as detailed and described below.

All surety companies shall be authorized to transact such business in New Jersey, pursuant to N.J.S.A.

17:17-10 or 17:32-1 et seq. The surety shall designate a New Jersey agent on whom service of process can be made. The Contractor shall be responsible for updating the surety’s expiration from the list or an agent change, to the Engineer or City. All surety companies shall have the minimum capital and surplus or net cash assets required, pursuant to N.J.S.A. 17:17-6 or 17:17-7, whichever is applicable, on the date of advertisement for the project. All surety companies shall complete a Surety Disclosure Statement and Certification for all payment and performance bonds, pursuant to N.J.S.A. 2A:44-143d. In addition, for these public works project bids, including any and all alternates, that equals at least $850,000.00 but not more than $3.5 million, the surety company shall hold a current certificate of authority issued by the U.S.

Secretary of the Treasury that is valid in New Jersey as listed annually in the U. S. Treasury Circular 570.

However, if the surety company has been operational for a period in excess of five years, the surety company shall also be considered to have satisfied this requirement if it is rated in one of the three highest categories by an independent nationally recognized United States rating company that determines the financial stability of insurance companies. Such rating companies shall meet standards promulgated by the N. J. Commissioner of Insurance N.J.A.C. 11:1-41.1 et seq. In addition, for those public works project bids, including any and all alternates, is in excess of $3.5 million, the surety company shall hold a current certificate of authority issued by the United States Secretary of the Treasury that is valid in the State of New Jersey listed annually in U.S. Treasury Circular 570. And, if the surety company has been operational for a period in excess of five years, it shall be rated in one of the three highest categories by an independent, nationally recognized United States rating company that determines the financial stability of insurance companies. Such ratings shall meet standards promulgated in N.J.A.C. 11:1-41.1 et seq. A surety company, which seeks to provide a payment and performance bond in excess of $3.5 million, is exempt from the requirement of Treasury Circular 570 if it meets standards developed by the Commissioner of Insurance through regulations which, at least equal, and may exceed, the general criteria required for Treasury listing. These standards are found at N.J.A.C. 11:1-41.4.

PROPOSAL FORM

All proposals shall be submitted on the Proposal Form of the City of Atlantic City. No alterations in the wording of the Proposal Form or no interpolations shall be permitted and any proposal submitted in disregard of this requirement shall be regarded as informal and need not be considered by the City in making this award.

CHALLENGES TO THE BID SPECIFICATIONS

Any challenge to the bid specifications shall be submitted, in writing, to the City Solicitor’s Office three (3) business days prior to the bid opening date, via certified mail or hand delivered. If the challenge is not submitted three business days prior to the bid opening date, the challenge shall not be considered and is considered waived by the bidder. Challenges noted in the exceptions page within the bid package shall not be accepted. The City of Atlantic City reserves the right to purchase items from State Contract vendors and also any and all vendors in the Atlantic County Pricing Agreement Contracts, if such use serves the interest of the City of Atlantic City.

INCREASE IN QUANTITIES

The City of Atlantic City has the right to increase the quantities shown in the proposal for a period of twelve (12) months from the date of execution of contract, with the unit price governing, but not exceeding 20% of any item.

AWARD OR REJECTION OF BIDS

If and when a contract is awarded for specified item or items, or services rendered, same shall be awarded to the lowest responsible bidder with the UNIT PRICE GOVERNING, except however, that if two or more bidders submit bids in the same amount, the City of Atlantic City shall have the right to award to bidder that it deems most advantageous, price and other factors considered.

The City shall either award or reject any or all bids within sixty (60) days of bid opening. Bids received from bidders who have previously failed to complete contracts within the time scheduled therefore, or who have performed prior work for the City in an unacceptable manner, shall be rejected.

PAYMENT

Payment for the specified item or items, furnished, delivered, and accepted shall be made by the City of Atlantic City to the successful bidder within thirty (30) days after the contractor has submitted a bill based on the total delivered price, as set forth in his (its, their) proposal, with a properly executed voucher to the Comptroller’s Office.

TAXES

The City of Atlantic City shall not to pay any Federal, State or Local Taxes in the purchase of said item or items.

PREFERENCE FOR DOMESTIC PRODUCTS

Only manufactured products of the United States, whenever available, shall be used in connection with this undertaking, pursuant to 40A:11-18 of the Revised Statutes of the State of New Jersey.

PATENT CLAIMS

The successful bidder (contractor) shall protect and save the City harmless from all and every demand for damages, royalties, or fees on any patented invention used by it in connection with the supplies furnished under this contract hereunder, and it shall be the duty of the contractor, if so demanded by the City, to furnish said City with a proper legal release or indemnity from and against all such claims and any or all payments due under such contract shall be withheld from the contractor until such release or releases are furnished, if the City so elects.

ASSIGNMENT OF CONTRACT

The successful bidder shall not and may not assign or sublet its contract in whole or in part without the written consent of the City.

EMERGENT MATERIALS, SUPPLIES & EQUIPMENT, ETC.

The City reserves the right to require the successful bidder to both quote and timely deliver emergent any material, supplies, equipment, etc. which are consistent with the services listed but not specifically set forth in this document during the period of performance (term of this agreement/contract). Emergent requirements include, but are not limited to, those currently undefined unanticipated and otherwise non-routine requirements which could not have been included at solicitation as specified (detailed) requirements.

MATERIAL SAFETY DATA SHEETS

The manufacturer or supplier of a substance or mixture shall supply the Chemical Abstracts Service number of all the components of the mixture or substance and the chemical name to the Using Agency to assure that every container bears a proper label at a City facility. This complies with P.L. 1983, Chapter 315 “Worker and Community Right to Know Act”, subsection 14.

Further, all applicable Material Safety Data Sheets (MSDS) a/k/a hazardous substance fact sheet shall be furnished to the City of Atlantic City Using Agencies.

TRANSITIONAL PERIOD

In the event the services are terminated either by contract expiration or by the City of Atlantic City, it shall be incumbent upon the contractor to continue the service until new services can be completely operational. At no time shall this service extension be more than ninety (90) days beyond the expiration date of the existing contract. Vendor shall be reimbursed for this service at the prior contract rate.

PRICE

The price quoted shall be firm and not subject to increases during the period of the contract. In the event of a price decrease during the contract period, the City of Atlantic City shall receive the benefit of such price reduction. The Purchasing Agent shall be notified in writing of any price reduction within five (5) days of the effective date.

Failure to report price reductions shall result in cancellation of the contract for cause.

34:11-56.48 et seq. PUBLIC WORKS CONTRACTOR REGISTRATION ACT

Each proposal for public work, as defined in 34:11-56.48 et seq. when applicable shall be accompanied by a certificate from the New Jersey Department of Labor demonstrating compliance with this Act. THE CITY OF ATLANTIC CITY IS REQUESTING THAT A COPY OF

YOUR CERTIFICATE OF REGISTRATION BE SUBMITTED WITH THE BID

PACKAGE.

TIME LIMITS

The Contractor agrees to start the work herein contracted for within ten (10) days from the date of approved purchase order. Please see Technical Specification Page 010000 - 1 (1.2 (E) for time to complete the work contracted for, from the date of the purchase order.

No extension of time shall be allowed for delay from any cause whatsoever, including normal weather conditions unless the Contractor shall have notified the Purchasing Department in writing of such delay and their intention to claim an extension of time within two (2) days after the beginning of such delay. Such notice shall give complete information concerning the nature, extent and cause of the delay. If, in the opinion of the City, an extension of time is warranted the City or City’s representative, shall issue a written extension, setting a new time limit for the completion of the work.

FAILURE TO DELIVER

If the successful bidder fails to complete said services within the time stated, said successful bidder shall pay the City of Atlantic City the sum of TWO HUNDRED DOLLARS ($200.00) for each and every day the time consumed in the completion of the contract to be awarded hereunder may exceed the time allowed for such purpose. Such amounts or sums may be deemed and taken into all courts to be liquidated damages for nonperformance of the aforesaid contract within the limit aforesaid and not as a penalty. The Director of the requesting agency may determine and certify the amount and sums thus claimed by the City of Atlantic City as such liquidated damages to the City Comptroller who may deduct and retain the same out of any monies due or which may become due under the contract.

EXAMINATION AND RESPONSIBILITY

Bidders are directed to examine for themselves the specifications and the location of the proposed work and ensure all measurements before submitting bid. They shall exercise their own judgment as to the scope and nature of the work; the difficulties to be encountered and the quantities that may actually be encountered in the work. Each bidder is fully responsible for having reviewed and understood these specifications previous to submitting their bid, that their bid covers and complies with all requirements of the specifications, and shall not at any time thereafter assert any claim related to any misunderstanding of the nature or amount of work to be done.

CONDITION OF WORK

Each bidder shall inform themselves fully of the conditions relative to the services under which the work is now being or shall be performed. Failure to do so shall not relieve a successful bidder of his obligation to furnish all materials and labor necessary to carry out the provisions of the contract documents and to complete the contemplated work/services as set forth in his bid.

The Contractor in the carrying out of their work shall employ such methods or means that shall not cause any interruptions or interference with the work of any other contractor (if applicable).

OBLIGATIONS OF BIDDERS

At the time of the opening of bids each bidder shall be presumed to have inspected the areas as described herein and to have read and to be thoroughly familiar with the specifications (including all addenda). The failure or omission of any bidder to receive or examine any form, instrument or documents, shall in no way relieve any bidder from any obligations contained therein.

REPRESENTATION OF CONTRACTOR

The Contractor represents and warrants:

(a) That they are financially solvent and that experienced in and competent to perform the type of work to furnish the labor and equipment to be so performed or furnished and;

(b) That they are familiar with all Federal, State, County, Municipal and Department Laws, Ordinances and Regulations, which shall in any way affect the work or those employed therein, including, but not limited to, any special Acts relating to the work or to the project of which it is a part, and

(c) That such work required by the contract documents and is to be done by them shall be satisfactorily constructed and used for the purpose for which it is intended, and that such construction shall not injure any persons or damage any property, and

(d) That they have carefully examined the drawings, specifications, and the site of the work, and that from their own investigations have satisfied themselves as to the nature and location of the work, the character, the character of equipment and other facilities needed for the performance of the work, the general and local conditions and all other items which may in any way affect the work or its performance.

SUBLETTING OR ASSIGNING OF CONTRACT

The Contractor shall not assign, sell or transfer or otherwise dispose of the contract or any portion thereof or of the work provided therein or their right, title or interest therein, to any persons, firm or corporation, without prior written consent of the City.

NECESSARY TO COMPLETE

If any work is required which are obviously necessary to carry out the full intent and meaning of the said specifications although the same may not be either directly or indirectly in the specifications, the Contractor is hereby bound to furnish the same without charge or claim.

CITY'S RIGHT TO STOP WORK OR TERMINATE CONTRACT

The City shall at any time during the contract period terminate the contract by giving THIRTY

(30) DAYS notice in writing to the other party of its intention to do so.

Additionally, the City has the right to stop work or terminate the contract, if:

(a) The Contractor has violated the provisions of P.L. 1971 c. 198 (C:40A:11-1 et seq., Local Public Contracts Law),or any other Federal, State or Local law, or

(b) The Contractor shall be adjudged bankrupt or make an assignment for the benefit of creditors, or

(c) A receiver or liquidator shall be appointed for the Contractor or for any of his property and shall not be dismissed within 20 days after such appointment or the proceedings in connection therewith shall not be stayed on appeal within the said 20 days, or

(d) The Contractor shall refuse or fail, after notice or warning from the City, to supply enough properly skilled workmen or proper materials, or

(e) The Contractor shall refuse or fail to prosecute to work or any part thereof with such diligence as shall ensure its completion within the period herein specified (or any duly authorized extension thereof) or shall fail to complete the work within said period, or

(f) The Contractor shall fail to make prompt payment to persons supplying labor for the work, or

(g) The Contractor shall fail or refuse to regard laws, ordinances or regulations or otherwise to be guilty of a violation of any provisions of the contract or the Scope of Work therein, then and in such event, the City, without prejudice or any rights or remedy it may have, may give seven (7) days notice to the Contractor to terminate the employment of the Contractor and his right to proceed, either as to the entire work or at the option of the City as to any portion thereof as to which delay shall have occurred, and may take possession of the work and complete the work by the Contractor or otherwise, as the City may deem expedient.

In such case, the Contractor shall not be entitled to receive any further payment until the work is finished.

If the unpaid balance of the compensation to be paid the Contractor hereunder shall exceed the expense of so completing the work, including compensation for additional managerial, administrative and inspection services and any damages for delay, such excess shall be paid to the Contractor. If such expense shall exceed such unpaid balance, the Contractor and his sureties shall be liable to the City for such expenses.

If the right of the Contractor to proceed with the work is terminated, the City shall take possession of and utilize in completing the work such materials, as may be on the site of the work and necessary therefore. If the City does not terminate the right of the Contractor to proceed, the Contractor shall continue the work.

STATE LAW AND REGULATIONS AND INSURANCE

The Contractor shall assume all risks connected with their work. The Contractor shall comply with all State Laws and Regulations concerning Workmen's Compensation and shall maintain such insurance as shall protect them against all claims for damages for personal injury, including death which may arise during prosecution of the contract, either by themselves or by any Subcontractor or anyone directly or indirectly employed by either of them.

CONTRACTOR'S INSURANCE

Before commencing work, and as a condition precedent for licensing, the Licensee shall purchase and maintain insurance, in conformance with the provisions contained in this Agreement. This insurance will provide a defense and indemnify the City of Atlantic City (City) against any such claim, damage, loss or expense that is attributable to bodily injury, sickness, disease or death or to injury to or destruction of tangible property (other than the work itself) including the loss of use, which arises out of the Licensee’s operations under this agreement.

This insurance shall apply regardless of whether the operations, actions, derelictions or failures to act from which the claim arises, are attributable to the Licensee, any of its Licensees, officers, agents, subcontractors, employees, anyone directly or indirectly employed by any of them including anyone for whose acts of the aforementioned may be liable by operation of statute, government regulation, or applicable case law and the City, unless, caused by the sole negligence of the City.

Proof of this insurance shall be provided to the City before the work commences as set forth below. In no event shall the failure to provide this proof, prior to the commencement of work, be deemed a waiver by the City of the Licensee’s insurance obligations set forth herein.

In the event that the insurance company (ies) issuing the policy (ies) required by this section deny coverage to the City, the Licensee will defend and indemnify the City at the Licensee’s expense.

Minimum of Liability:

The Licensee must obtain the required insurance with the carrier rated A-VII or better by A. M.

Best. The Licensee and all subcontractor and vendors retained by the Licensee shall maintain at least the limits of all liability policies as set forth below:

Commercial General Liability Insurance $ 1,000,000.00 Each Occurrence (Bodily Injury and Property Damage) $ 2,000,000.00 General Aggregate $ 2,000,000.00 Products/Completed Operations Aggregate $ 1,000,000.00 Personal and Advertising Injury Contractual liability that will respond to Indemnification section shall be included in the policy.

The General Aggregate Limit shall apply separately to the work as defined in the License Agreement. As an alternative, the Licensee may provide Commercial general Liability Insurance with no aggregate.

Umbrella Liability Insurance $ 5,000,000 per Occurrence $ 5,000,000 Aggregate.

Policy to apply excess of General Liability, Automobile Liability and Coverage B.

Contractor’s Pollution Liability Insurance covering losses caused by pollution conditions that arise from the operations of the Contractor.

Contractors Pollution Liability insurance shall be written in an amount of at least $3,000,000 per loss, with an annual aggregate of at least $3,000,000. Contractors Pollution Liability shall cover bodily injury, property damage, cleanup costs, restoration costs and defense, including costs and expenses incurred in the investigation, defense, or settlement of claims. If the Contractors Pollution Liability insurance is written on a claims-made basis, the Contractor warrants that any retroactive date applicable to coverage under the policy precedes the effective date of this Contract; and that continuous coverage will be maintained, or an extended discovery period will be exercised for a period of three (3) years beginning from the time that work under the Contract is completed. The City shall be named by endorsement as an additional insured on the Contractors Pollution Liability insurance policy.

Comprehensive Automobile Liability Insurance $ 1,000,000.00 Combined Single Limit Bodily Injury and Property Damage. Coverage must include all owned, non-owned and hired vehicles used by the Licensee.

Builders Risk

The Contractor must obtain the required insurance with the carrier rated A-VII or better by A. M. Best. The Contractor shall provide such coverage as to protect the City’s insurable interest in materials, fixtures and equipment being used in the construction or renovation of a building or structure. Coverage must apply to property of every kind or description intended to become a permanent part of the project including materials, supplies, fixtures, machinery, foundations, sidewalks and pavements.

Workers’ Compensation and Employers’ Liability Insurance $ 1,000,000.00 Each Accident $ 1,000,000.00 Each Employee for Injury by Disease $ 1,000,000.00 Aggregate for Injury by Disease

If the Licensee is a Sole Proprietor, Partnership or LLC, Insurance Policy and Certificate must indicate that the proprietor/partners/members are “included”. This requirement does not apply if inclusion is not allowed by law.

Additional Insured Status and Certificate of Insurance

The City, along with their respective elected or appointed officials, officers, agents and employees, shall be named as Additional Insureds for Operations and Products/Completed Operations on the Licensee’s Commercial general Liability Policy which must be primary and noncontributory with respect to the Additional Insureds. It is expressly understood by the parties to this Agreement that it is the intent of the parties that any insurance obtained by the City is deemed excess, noncontributory and not co-primary in relation to the coverage (s) procured by the Licensee, any of its Licensee’s, officers, agents, subcontractors.

employees or anyone directly or indirectly employed by any of them or by anyone for whose acts any of the aforementioned may be liable by operations of statute, government regulation or applicable case law.

A Waiver of Subrogation clause shall be added to all policies required under this agreement in favor of the City, and this clause shall apply to the City’s elected or appointed officials, officers, agents and employees. It should also apply to the Licensee’s Worker’s Compensation policy if allowed by state law. If the Licensee’s policy or any subcontractor policy limits are greater than the minimum limits noted above, the minimum limits required are automatically adjusted to those greater limits.

Prior to commencement of work, Licensee shall submit a Certificate of Insurance in favor of the City and as an Additional Insured Endorsement (in a form acceptable to the City) as required hereunder.

No Limitation on Liability In any and all claims against the Additional Insureds by any employee of the Licensee, anyone directly or indirectly employed by the Licensee or anyone for whose acts the Licensee may be liable, the indemnification obligation shall not be limited by any limitation on the amount or type of damage, compensation or benefits payable by or for the Licensee under Workers’ Compensation acts, disability benefit acts or other employee benefit acts.

Failure to Obtain/Maintain, Cancellation and Renewal The Licensee shall maintain in effect all insurance coverages required under this Agreement at the Licensee’s sole expense and with insurance companies acceptable to the City. In the event the Licensee fails to obtain or maintain any insurance coverage required under this Agreement, the City may, at its sole discretion, purchase such coverage as desired for the City’s benefit and charge the expense to the Licensee, or, in the alternative, terminate this Agreement. In the event the coverage is cancelled or non-renewed, the Licensee will provide 21 days advance notice of the cancellation or non-renewal.

SUIT OR CLAIMS

The Contractor agrees to indemnify and save harmless the City and all their agents and employees from actions and suits of every kind and description brought against them, or on account of the use of patented rights, and from any damages or injuries received or sustained by any party, or parties, arising out of any act or omission of the Contractor, their workmen or agents in performance of the work under this agreement, including the furnishing of equipment, materials and supplies at the site of the proposed work.

DAMAGES TO PERSONS AND PROPERTY

Contractor shall fully and completely indemnify and same harmless the City from damages or injury to persons or property resulting from the performance of the work, or through negligence to the contract, or through the use of any improper or defective machinery implements or appliances or through any act of omission of the Contractor, or their agents, or their employees.

PUBLIC UTILITIES

The bidder is advised to investigate and ascertain for themselves all the facts concerning the actual location of these utilities. The Contractor shall cooperate with the utility Companies in the adjustment of their services and shall notify the City and utility Companies not less than 48 hours in advance of the time they proposes to perform any work that will endanger or affect their facilities.

The Contractor shall permit the utilities Companies, or their agents, access to the site of the work at all times in order to relocate, construct or protect their lines and shall cooperate with them in performing this work. Separate payments shall not be made for the following:

1. Coordination and cooperation of the Contractor with the utility companies, nor for the protection or replacement of utilities as specified hereinbefore.

2. Damages for delay caused by conflicts with utilities outside the jurisdiction of the City (ex:

gas mains, telephone or electric lines, county storm sewer, water mains, etc.).

A list of utilities with facilities in the area of the work includes:

Atlantic City Electric 2542 North Fire Road Egg Harbor Township, NJ 08234

Atlantic City Municipal Utilities Authority 401 North Virginia Avenue Atlantic City, NJ 08401

Atlantic City Sewerage Company 1200 Atlantic Avenue Atlantic City, NJ 08401

Atlantic County Utilities Authority P.O. Box 996 Pleasantville, NJ 08232-0996

Comcast 901 W Leeds Avenue Absecon, NJ 08201

South Jersey Gas Company 111 North Franklin Avenue Pleasantville, NJ 08232

Verizon 11 South Shore Road (Rt #9) Marmora, NJ 08223

LABOR LAWS

The Contractor and any Subcontractors shall comply with all the requirements of the Labor Laws of the State of New Jersey applicable to contracts on behalf of this City for construction, alteration or repair of any building or public work, including particularly, but without limitation of the foregoing, the provisions of N.J.S.A. 10:2-1 to 10:2-4, inclusive and N.J.S.A. 34:11-56.25 et seq, New Jersey Prevailing Wage Act.

The Contractor hereby agrees to comply in all respect with the New Jersey Prevailing Wage Act, N.J.S.A. 34:11-56.25 et seq. as amended. A copy of the prevailing wage rates pertaining to the work and issued by the New Jersey Department of Labor can be found at the following web address: http://www.nj.gov/labor/wagehour/wagerate/prevailing_wage_determinations.html

Pursuant to N.J.S.A. 34:11-56.25 et seq. – New Jersey Prevailing Wage Act, no public works contract shall be awarded to any contractor and subcontractor or to any firm, corporation or partnership in which they have an interest on the attached disbarred bidders list located at the end of this specification, until expiration date given. Workmen shall be paid not less than such prevailing wage rate. Before final payment is made by or on behalf of the City of any sum or sums due to the work, the Contractor or Subcontractor shall file with the City, written statements in form satisfactory to the Commissioner of Labor certifying to the amounts then due and owing from such contractor or subcontractor filing such statement to any and all workmen for wages due on account of the work, setting forth therein the names of the persons whose wages are unpaid and the amount due to each respectively which statement shall be certified by the oath of the Contractor or Subcontractor as the case may be in accordance with the said New Jersey Prevailing Wage Act. The prevailing wage rate shall be determined by the Commissioner of Labor or his duly authorized representative. Contractors or Subcontractors performing public work of a public body subject to the provisions of this act shall post the prevailing wage rates for each craft and classification involved as determined by the Commissioners of Labor including the effective date of any changes thereof, in prominent and easily accessible places at the site of the work or at such place or places as are used by them to pay workmen their wages.

Prior to final payment, the Contractor shall be required to execute and deliver an Affidavit of Compliance in a form provided by the City, as required by the Act.

PAYMENT OF EMPLOYEES

The Contractor shall pay each of their employees engaged in services under this contract in full (less deductions made mandatory by law) in legal tender and not less often than once each month.

SAFETY AND HEALTH REGULATIONS

The Contractor shall comply with the Department of Labor, Safety and Health Regulations for construction promulgated under the Occupational Safety and Health Act of 1970 (P.L.91-596) and under Section 107 of the Contract Work Hours and Safety Standards for Construction (P.L.91-54).

ACCIDENT PREVENTION

Precautions shall be exercised at all times for the protection of persons (incl. employees) and property. The safety provisions of applicable laws, buildings and construction codes shall be observed. Machinery, equipment, and all hazards shall be guarded or eliminated in accordance with the safety provisions of the Manual of Accident Prevention in Construction published by the Association General Contractors in America and Part VI "Temporary Traffic Control" of the U.S.

Dept. of Transportation. Federal Highway Administration "Manual on Uniform Traffic Control Devices”, latest edition, whichever is more stringent to the extent that such provisions are not in contravention of applicable law. Contractor alone shall be responsible for the safety, efficiency, and adequacy of their equipment and methods and for any damage which may result from their failure for their improper construction, maintenance or operation. The cost of "Accident Prevention" shall be included in the lump sum or unit price bid whichever is applicable.

FISCAL CERTIFICATE

When award of contract is made in one fiscal year with effective date in the next year, award shall be contingent upon the availability and appropriation of sufficient funds for that purpose for the year in which said contract takes effect. When a contract is awarded for a period in excess of one year, said contract shall be contingent upon the annual availability and appropriation of sufficient funds for the purpose for each year of the contract term.

SPECIAL NOTES:

1. No bidder shall be allowed to offer more than one price on each service even though they may feel that there are more than one service that shall meet the specifications. Bidders shall determine for themselves which to offer. Alternate services or prices shall not be considered unless expressly set forth elsewhere in this document.

2. Assignment to any third party of any monies due, or to grow due the bidder or any contract based on this bid is prohibited and shall not be recognized by the City.

3. Should any difference arise between the contracting parties as to the meaning or intent of these instructions or specifications, the City Purchasing Agent’s decision shall be final and conclusive.

4. DEVIATIONS: All deviations from the specifications shall be noted in detail by the bidder in writing at the time of submittal of the formal bid. The absence of said deviations at the time of submittal of the bid shall hold the bidder strictly accountable to the City for furnishing the contract requirements in full in accordance with the specifications.

The City reserves the right to reject any nonconforming request for deviation based upon any perceived inconsistency with the scope of published specification requirements and/or an included qualification procedure.

NOTE: Any deviations from these specifications and/or special conditions required by the bidder shall be recorded below: If no deviations state “none” below:

BACKGROUND QUESTIONNAIRE

Bidders shall provide the following background questionnaire information:

Date of Organization of Company

Name and address of officers:

President

Vice President

Secretary

Treasurer

EXPERIENCE

1. How many years has your organization been in business as a contractor under your present business name?

2. How many years’ experience in this type of work has your organization had?

3. What are the latest similar projects your organization has completed (as the prime) within the last three (3) years? (Attach additional pages if necessary)

Contract Amount Date Work Completed Company

A. $

B. $

C. $

D. $

E. $

Background Questionnaire Page 2

Names, Addresses and Telephone Numbers of Reference for items listed on previous page:

Name and Address Telephone No.

A.

B.

C.

4. Have you ever failed to complete any work awarded to you (within the last ten years)?

If so, where and why?

5. Have you or has any officer of your organization ever been an officer or partner of some other contracting organization that failed to complete any work (within the last ten years) ?

If so, state the name of individual, position and the name of the other organization

Did this other contracting organization ever fail to complete any work awarded it

(within the last ten years)?

If so, where and why?

6. List of uncompleted contracts at present held by you:

Name of Contract Contracting Agency Amount

Background Questionnaire Page 3

7. State approximately the largest amount of work you have done in any one year (within the last five years) of a similar nature to the work being bid on.

8. List the equipment available for the performance of work under the proposed contract (attach additional sheets if necessary)

BIDDER INFORMATION FORM

Name of Business:

Name of Contact Person:

Correspondence Address (including zip code):

Purchase Order Address (including zip code):

Payment Address (including zip code):

Telephone Number (including area code): ( )

Fax Number (including area code): ( )

E-Mail Address: Employer I.D. # or S.S. #

NOTICE TO ALL BIDDERS

NOTICE OF INTENT TO SUBCONTRACT FORM

SUBCONTRACTOR UTILIZATION PLAN FORM

Pursuant to General Conditions Terms and Conditions, any Proposer intending to subcontract must also complete the Subcontractor Utilization Plan (Plan). Proposers are instructed to list all proposed subcontractors on the Plan. A Proposer intending to subcontract must include a completed and signed Plan or be subject to rejection of its proposal as non-responsive.

. All Proposers must complete the Notice of Intent to Subcontract form. Failure to include a completed and signed Notice of Intent to Subcontract form will be sufficient cause to reject a Proposer's proposal as non-responsive.

REQUIRED SUBMISSION

NOTICE OF INTENT TO SUBCONTRACT FORM

THIS NOTICE OF INTENT TO SUBCONTRACT FORM MUST BE COMPLETED AND INCLUDED AS PART OF EACH PROPOSER'S PROPOSAL. FAILURE TO SUBMIT THIS FORM WILL BE CAUSE FOR REJECTION OF

THE RFP AS NON-RESPONSIVE.

Solicitation Number:

Solicitation Title:

Proposer's Name and Address:

Name

Address

City

State Zip Code

INSTRUCTIONS: PLEASE CHECK ONE OF THE BELOW LISTED BOXES:

If awarded this contract, I will engage subcontractors to provide certain goods and/or services.

ALL PROPOSERS THAT INTEND TO ENGAGE SUBCONTRACTORS MUST ALSO SUBMIT A COMPLETED AND

CERTIFIED SUBCONTRACTOR UTILIZATION PLAN WITH THEIR RFP PROPOSALS.

If awarded this contract, I do not intend to engage subcontractors to provide any goods and/or services.

ALL PROPOSERS THAT DO NOT INTEND TO ENGAGE SUBCONTRACTORS MUST ATTEST TO THE FOLLOWING

CERTIFICATION:

I hereby certify that if the award is granted to my firm and if I determine at any time during the contract to engage subcontractors to provide certain goods and/or services, pursuant to the General Conditions section of this procurement, I will submit the Subcontractor Utilization Plan (Plan) for approval to the Division of Purchase and Property in advance of any such engagement of subcontractors. Additionally, I certify that in engaging subcontractors, I will make a good faith effort to achieve the subcontracting set-aside goals established for this contract, and I will attach to the Plan documentation of such efforts in accordance with NJAC 17:13-4 and the Notice to All Proposers.

PRINCIPAL OF FIRM:

(Signature) (Title) (Date)

REQUIRED SUBMISSION IF PROPOSER INTENDS TO SUBCONTRACT

SUBCONTRACTOR UTILIZATION PLAN

(REFERENCED IN RFP STANDARD TERMS AND CONDITIONS)

Solicitation No.:

NOTE: If utilizing subcontractors, failure to submit the properly completed form will be sufficient cause for rejection of the RFP as non-responsive.

Solicitation Title:

Proposer's Name and Address:

Proposer's Telephone No.:

Proposer's Contact Person:

INSTRUCTIONS: List all businesses to be used as subcontractors. This form may be duplicated for extended lists.

SUBCONTRACTOR'S NAME

ADDRESS, ZIP CODE

TELEPHONE NUMBER

AND VENDOR ID NUMBER

TYPE(S) OF GOODS OR

SERVICES TO BE PROVIDED

ESTIMATED VALUE OF

SUBCONTRACTS

I hereby certify that this Subcontractor Utilization Plan (Plan) is being submitted in good faith. I certify that each subcontractor has been notified that it has been listed on this Plan and that each subcontractor has consented, in writing, to its name being submitted for this contract. Additionally, I certify that I shall notify each subcontractor listed on the Plan, in writing, if the award is granted to my firm, and I shall make all documentation available to the Division of Purchase and Property upon request.

I further certify that all information contained in this Plan is true and correct and I acknowledge that the State will rely on the truth of the information in awarding the contract.

PRINCIPAL OF FIRM:

(Signature) (Title) (Date)

Page Intentionally Left Blank

PUBLIC WORKS CONTRACTOR REGISTRATION FORM

C.34:11-56.48, P.L. 1999, Ch. 238 requires that contractors and subcontractors, be registered with the New Jersey Department of Labor, Division of Wage and Hour Compliance. The definition in the law is as follows:

“Contractor means a person, partnership, association, joint stock company, trust, corporation, or other legal business entity or successor thereof who enters into a contract which is subject to the provisions of the “New Jersey Prevailing Wage Act,. “P.L.1963, c.150 (C.34:11-56.25 et seq.) and includes any subcontractor or lower tier subcontractor of a contractor as defined herein.”.

1. All named contractors in a bid proposal (including out-of-state contractors) shall be registered with the Department of Labor’s Division of Wage and Hour Compliance at the time proposals are received by the public entity.

2. All named sub-contractors shall be registered with the Department of Labor pursuant to the PWCRA at the time the proposal is received, or the proposal shall be determined to be non-responsive.

3. Any non-listed sub-contractor shall be registered with the Department of Labor prior to physically starting work.

4. The law requires contractors to submit certificates after a bid proposal is received and prior to awarding the contract. (N.J.S.A. 34:11-56.55)

5. After bid proposals are received, and prior to contract award, the contractor shall submit to the public entity copies of certifications of all listed sub-contractors.

6. Prior to the work being performed by non-listed subcontractors, the contractor shall submit to the public entity copies of certifications of all non-listed subcontractors.

Please indicate for the bidder and all subcontractors listed on the “Subcontractor Declaration” herein, as to their registration with the NJ Department of Labor, Division of Wage and Hour Compliance in accordance with P.L.

1999, Ch. 238.

Name Registration Number

Bidder___________________________________ _________

(Subcontractor)____________________________ _________

Subscribed and sworn before me this _____ day of _____________ 20 ___.

Signature

Notary Public of ______________________ ______________________________________

Name and Title My Commission Expires ________, 20_____. (Type or Print)

NEW JERSEY ”BUSINESS REGISTRATION CERTIFICATE” FORM

P.L. 2004, Ch. 57 and P.L. 2009, Ch.