NOTICE TO BIDDERS

Notice is hereby given that sealed bids shall be received by the City of Atlantic City On August 27, 2026 at pm (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 #26-45R TURF MAINTENANCE SERVICE AT CITY-OWNED ATHLETIC FIELDS

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.

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

1:00

SPECIFICATIONS & INSTRUCTIONS

SECTION 1: CONDITIONS APPLICABLE TO BID

ADDENDA, INTERPRETATIONS & BID SPECIFICATION CHALLENGES

No interpretations of the meaning of the specifications, plans or contract documents shall be made to any bidder orally. All questions and requests for interpretation concerning this bid shall be addressed in writing, via www.bidnetdirect.com//atlanticcity

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.

Any challenge to the bid specifications shall be submitted, in writing, to the City Solicitor’s Office (with a copy sent to Purchasing Department) 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 and Atlantic County Pricing Agreement Contracts vendors, if serves the interest of the City of Atlantic City.

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 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)

Pursuant to N.J.S.A. 52:32-44, all contractors and subcontractors performing work or providing goods or services under this contract shall be required to submit a valid Business Registration Certificate (BRC) issued by the New Jersey Department of the Treasury, Division of Revenue and Enterprise Services.

No contract shall be awarded, nor any purchase order issued, and no work shall commence until the contractor has provided proof of valid business registration for itself and any named subcontractors. The contractor shall provide to the contracting unit, prior to contract award or authorization, a copy of its Business Registration Certificate and those of all named subcontractors, or such other proof of registration as may be verified through the State’s electronic business registration system. Failure to provide proof of business registration prior to award or execution of the contract shall be cause for rejection of the bid as non-responsive. The contractor shall maintain and provide updated business registration information for any subcontractor during the term of the contract upon request of the contracting unit.

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.

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 a contract to any or all of such bidders. The City shall either award or reject any or all bids if it deems it in the public interest to do so, 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.

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. 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 payment, the Contractor 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 Contractor’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 Contractor, any of its Contractors, 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 Contractor’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 Contractor will defend and indemnify the City at the Contractor’s expense.

Minimum of Liability:

The Contractor shall obtain the required insurance with the carrier rated A-VII or better by A. M. Best. The Contractor and all subcontractors and vendors retained by the contractor shall maintain at least the limits of liability 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 shall respond to Section Nineteen, Indemnification, shall be included in the policy. The General Aggregate Limit shall apply separately to the work as defined in Section One, Scope of Services. As an alternative, the Contractor may provide Commercial general Liability Insurance with no aggregate. All subcontractors must also maintain all of the following insurances

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 Contractor.

Workers’ Compensation and Employers’ Liability Insurance

$ 500,000.00 Each Accident $ 500,000.00 Each Employee for Injury by Disease $ 500,000.00 Aggregate for Injury by Disease

If the Contractor 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 Contractor’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 Contractor, any of its Contractor’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 the General Liability and Automobile policies 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 Contractor’s Worker’s Compensation policy if allowed by state law. If the Contractor’s actual policy limits are greater than these requirements, the requirements in this Agreement are automatically increased to the actual policy limits.

If the Contractor hires any independent contractor, mechanic etc. to perform service on the premises of the City, that independent contractor will be required to meet these insurance requirements.

Prior to commencement of work, Contractor 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 Contractor, anyone directly or indirectly employed by the Contractor or anyone for whose acts the Contractor 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 Contractor under Workers’ Compensation acts, disability benefit acts or other employee benefit acts.

Failure to Obtain/Maintain, Cancellation and Renewal The Contractor shall maintain in effect all insurance coverages required under this Agreement at the Contractor’s sole expense and with insurance companies acceptable to the City. In the event the Contractor 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 Contractor, or, in the alternative, terminate this Agreement. In the event the coverage is cancelled or non-renewed, the Contractor 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.

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.

EIGHT HOUR DAY: PREVAILING WAGE RATE

All employees shall work no more than eight (8) hours in any one day. In case of necessity for the protection of property or human life workmen and laborers may be employed for longer periods than eight hours per calendar day, if paid extra compensation on the basis of eight hours constituting a days work, in accordance with the Prevailing Wage Act, N.J.S.A. 34:11-56-25 et seq., and all State and Federal laws.

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:

SECTION 2: SCOPE OF SERVICES

INTENT

The City of Atlantic City is seeking a qualified firm to provide athletic turf maintenance for natural and synthetic fields at various Atlantic City-owned locations. The term of the contract shall be for a period to commence following execution of award of contract and approved purchase order September 1, 2026 - December 31, 2027.

EXPERIENCE & REQUIRED SUBMITTALS

Bidders shall have experience in the natural and synthetic athletic turf maintenance, infield preparation and laser grading business for a minimum of five (5) years.

Bidder shall maintain a current business license from the State of New Jersey, as well as valid certifications for the use of chemicals related to turf maintenance.

Bidders shall provide documentation of any and all applicable licenses, certification, and/or commercial experience that are required with bid submission. The City reserves the right to request documentation at any time during the contract period.

SCOPE OF WORK

The scope of work under this contract includes, but is not limited to; providing all labor, materials, deliveries, supervision, equipment, incidentals, and related items necessary to complete the work in accordance with the specifications contained herein.

The City fields to be maintained are as follows:

Natural Fields

• Surf Stadium Baseball Field stadium located at 545 North Albany Avenue

• Uptown Complex Field located at the corner of N. Massachusetts and Madison Avenues

Synthetic Fields

• Chelsea Heights Field located at Filbert & N. Annapolis Avenue

• Texas Avenue Field located at Fairmount & N. Texas Avenue

• Shellum “Dolphin” Field located at Grammercy & N. Ohio Avenue (to be newly installed)

• Duanne Harris Field located at 900 North Maryland Avenue & Brigantine Blvd

• Pete Pallitto Field located at Fairmount & N. Sovereign Avenue

• Pop Lloyd Stadium located 1200 N Dr. M.L.K. Blvd (newly installed)

The bidder shall not perform any work that would jeopardize the manufacture warranty or maintenance warranty (2 years for new installation), unless directed by the City.

Standard working hours are from 7:30 AM to 4:00 PM, Monday through Friday.

A. NATURAL FIELDS:

• Surf Stadium Baseball Field stadium located at 545 North Albany Avenue

• Uptown Complex Field located at the corner of N. Massachusetts and Madison Avenues

Fertilizer/Formulation: All fertilizer materials shall be in accordance with New Jersey State law on fertilization and applied by a licensed professional.

Formulation shall be equal to or better than the formulations described below.

All formulations shall be supported by a batch sheet which shall be provided to City.

Lime Solu-cal (or equivalent) at 500lbs per acre

MONTH FORMULA

March 24-0-8 50 NSN 2% FE with Pre-emergent herbicide

April 24-0-8 50 NSN 2% FE with Pre-emergent herbicide

June 15-0-15 50 NSN 2% FE

September 24-0-8 50% NSN 2% FE

October 24-0-8 50% NSN 2% FE

Weed control: Bidder shall perform weed control services in accordance with NJ State Law and services shall be applied by a licensed professional. A post emergent for broad leaf control, crab grass control and nutsedge control shall be applied as needed during the growing season.

All herbicide applications necessary to control infestations of undesirable plants (broadleaf and grassy weeds) shall be included in base price. Such actions shall include, but are not limited to, the prescribed requirements herein, including any supplementary action required. Additional applications or treatments including treatment of weed infestations shall be included in the base price.

All herbicides shall be applied following the manufacturer’s recommendations and procedures for application and dilution. Bidder shall be responsible for monitoring weather conditions and either reschedule application of liquid or spray herbicides, or employ adjuvants as needed, to ensure that the manufacturer’s minimum required contact times are met. Any reapplications of herbicide needed as a result of rainfall occurring during or immediately after application, shall be the responsibility of the Bidder, at no additional charge.

Fungicide: Bidder shall be in accordance with New Jersey State law on pesticides and services shall be applied by a licensed professional. Bidder shall apply post and pre-fungicide application controls as needed from May to October on a bi-weekly basis (as needed), 14-17 day average.

Aerification: Field shall be aerified with a Toro 880 aerifyer (or equivalent) twice yearly and remove plugs with Turf Tidy Sweeper (or equivalent). Bidder shall top dress field with a turf time spinner type dresser with USGA sand (round to sub angler sand).

No crushed or concrete sand shall be used. Bidder shall supply 50 tons per application as needed.

Clay: Mar-co Clay (or equivalent) vitrified clay and ball diamond conditioner shall be applied.

Bidder shall amend and conduct all laser grading on the infield.

Sodding: Bidder shall determine exact square footage of sod needed when needed throughout areas of the infield/outfield.

Threshold for Supplemental Action: Bidder shall be required to provide additional treatments whenever the incidence of weeds exceeds acceptable threshold populations. Unacceptable threshold populations exist when there are more than five (5) broadleaf weeds per 100 square foot area and/or five (5) grassy weeds per 300 square foot area. Supplemental treatments when required shall be at no additional cost to the City.

Quality Control: Empty bags for herbicides distributed in granular or powder form shall be accounted for at each facility. The empty bags shall be tied in a bundle and left under the home bleachers for verification by a City representative. The primary method of quality control shall be by monitoring the effectiveness of the weed control program. Failure to maintain weeds below threshold levels requiring supplemental action without intervention by the City shall constitute unsatisfactory performance, and may be grounds for termination of the contract.

B. SYNTHETIC FIELDS

• Chelsea Heights Field located at Filbert & N. Annapolis Avenue

• Texas Avenue Field located at Fairmount & N. Texas Avenue

• Shellum “Dolphin” Field located at Grammercy & N. Ohio Avenue (to be newly installed)

• Duanne Harris Field located at 900 North Maryland Avenue & Brigantine Blvd

• Pete Pallitto Field located at Fairmount & N. Sovereign Avenue

• Pop Lloyd Stadium located 1200 N Dr. M.L.K. Blvd (newly installed)

GENERAL GUIDELINES

Do not park any vehicle idling on the synthetic turf for any amount of time to prevent the possibility of burning or melting the turf due to exhaust or overheating. All vehicles utilized on the synthetic turf shall have exhausts that discharge away from the field.

Any vehicle which weighs over 300 lbs., shall have pneumatic tires with a maximum tire pressure of 35 pounds per square inch.

Do not park any vehicles on the synthetic turf, especially in the heat of the day, or leave vehicles on wet turf for long periods of time.

Do not change or add fluids to any maintenance equipment while on the synthetic turf.

Do not perform any maintenance of any equipment while on the synthetic turf.

DEBRIS CONTROL:

All synthetic turf areas shall have regular program of debris pick up utilizing “hand removal”, supplemented by “mechanical removal” of all foreign objects other than synthetic turf and cryonic rubber. Hand removal shall be employed as often as necessary to maintain the synthetic turf in a “debris free” condition.

Mechanical removal shall be employed twice a month or twenty-four (24) treatments per year to aid in maintaining the synthetic turf in a “debris free” condition.

Mechanical removal shall be completed utilizing a lightweight multi-purpose utility/tow vehicle with wide turf type wheels. The vehicle shall tow three (3) Astro Play (Parker Sweepers) AP8336 36” Trailing Lawn Sweepers.

The sweeper shall have synthetic fiber bristles such as nylon or polyolefin. The minimum brush length shall be 2.5”.

The proper use of the sweeper shall not remove the rubber filling in the synthetic turf. The brush setting shall be monitored. The actual setting shall be set so that it barely touches the tips of the fibers of the synthetic turf. DO NOT SET THE BRUSH SO LOW THAT IT DIGS INTO THE TURF

PILE, IN FILL MATERIAL OR BACKING.

All synthetic turf shall be “Cross Brushed” swept by brushing against the grain, nap or sweep of the synthetic turf fibers of the fabric.

GROOMING:

All synthetic turf shall have a regular program of fiber grooming utilizing a mechanical synthetic turf groomer.

Mechanical grooming shall be employed once per month for twelve (12) treatments per year.

All grooming shall be performed by going against the grain, nap or sweep of the synthetic turf.

SECTION 4: GENERAL REQUIREMENTS

Communications: Contractor shall have means to receive direct communications from the City 24 hours a day, 7 days a week. Contact shall be by phone, radio, or cell phone. Contractor shall respond back within (1) One Hour after notification in reference to emergencies.

Debris Removal: The Contractor shall be responsible for removal of all debris from the site and cleaning work areas. The Contractor shall keep the premises free of debris and unusable materials resulting from their work and as work progresses; or upon request by a City of Atlantic City representative, shall remove such debris and materials from property.

Security: All personnel shall remain in the assigned work area when on site.

It shall be the sole responsibility of the Contractor performing services for this contract to safeguard their own materials, tools, and equipment. The City shall not assume any responsibility for vandalism and/or theft of materials, tools, and/or equipment.

Contract Administration: The City of Atlantic City shall periodically inspect work completed or in process to assure that the requirements of this contract are being met. Should it be found that the requirements specified herein are not being satisfactorily maintained, the contractor shall be contacted and any discrepancies, inconsistencies or items not meeting the specifications contained herein shall be corrected immediately at no additional cost to City. A second discrepancy notice shall serve, as notification that any future discrepancies, inconsistencies or items not meeting specifications contained herein shall result in terminations of the contractor’s right to proceed further with this contract. The Contractor and his sureties shall be liable to the City for any additional cost incurred by the City to complete this contract. At this point, the contractor shall be considered in default and the contract subject to termination.

Contractor’s Personnel: Successful Bidder shall submit list of all employees that shall be working under the contract and any intention for additional personnel, and back-up personnel for each function.

The contractor’s staff shall present a professional appearance. Personnel shall be properly uniformed and conduct themselves in a respectable and courteous manner while performing duties and while at any City facilities.

Each technician performing work for City shall carry a picture ID issued by the State of New Jersey (driver’s license or State issued ID) that shall be presented upon request while on City property. This provision shall be strictly enforced.

Use of tobacco products shall only be allowed in designated area(s).

Contractor’s personnel shall not play loud music, make unnecessary noises, or use language that causes offense to others.

The Contractor shall not use any Day Labor or temporary workers at any City facility. This includes all technicians that are added subsequent to award. Failure to comply with this specification could result in immediate termination of the award and liquidated damages.

The use of spray indicators, adjuvant, and pH buffers, shall be included with all services as applicable, at no additional cost to City.

Signage and other notices required by entities having jurisdiction shall be the responsibility of the Bidder and shall be included in all services at no additional cost to the City.

Employees shall perform their duties utilizing accepted and required OSHA safety equipment as required by EPA labeled products.

Only equipment designed for the performance of turf and landscape work described herein shall be acceptable for operation. The equipment used shall be in good repair and operating condition at all times. Equipment shall meet all safety requirements as established for this type of work.

No equipment shall be operated which damages pavement or causes mechanical damage to turf areas (ruts, skid marks, or tears).

Any and all equipment left on site overnight (only with prior approval of City) is the sole responsibility of the Bidder.

No equipment shall be left blocking service access, walks, or driveways. Service and supply operations, including associated re-entry restrictions, should occur so as to minimize disruption of City employees.

All containers, packaging, and used materials shall not be disposed of on or by the City of Atlantic City. Disposal of all containers and packaging is the responsibility of the Bidder. Only exception is the fertilizer bags, which shall be left under the home stands, bundled together for accountability by a representative of the City of Atlantic City.

Response/Time Requirements: Bidder shall provide required applications as mentioned in the Scope of Services and as needed during the appropriate times of year. Bidder shall create and submit a schedule of tentative application dates.

Bidder shall provide notice of intended dates of application at least FOUR (4) days prior to application to City Representative.

Bidder shall notify the City when revisions need to be made to the schedule.

Work Delays: The Bidder shall complete work within the timeframes established with the City.

In cases where delays are clearly not the Bidders responsibility, the City may grant an extension to the work completion time. When work cannot be completed due to a City event/function, the Bidder shall reschedule a time with the City Representative and notify the City when the rescheduled time is beyond completion date.

In the event that work does not commence or is not completed by the timelines established, the City reserves the right to terminate the order and issue an order to another Bidder.