NOTICE TO BIDDERS

Notice is hereby given that sealed bids shall be received by the City of Atlantic City on Thursday, October 8, 2026 at 11:30AM (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 #26-58 SNOWPLOWING SERVICES FOR THE CITY OF ATLANTIC CITY

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

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

SPECIFICATIONS AND INSTRUCTIONS

THE CITY OF ATLANTIC CITY IS REQUESTING THAT A COPY OF YOUR NEW JERSEY

BUSINESS REGISTRATION CERTIFICATE AND NEW JERSEY PUBLIC WORKS

CONTRACTOR 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.

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, with a copy to the 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 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.

AWARD OR REJECTION OF BIDS

If and when a contract is awarded for specified item or items, or services rendered, same shall be awarded one (1) or more responsible/responsive bidders (as described in Scope of

Work). 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. In accordance with NJSA 34:11-56.25 et seq., New Jersey State Prevailing Wage Act, no contract shall be awarded to any contractor, subcontractor, or to any firm, corporation or partnership in which such contractor or subcontractor has an interest, who is debarred from public works.

PAYMENT

Payment for the specified services 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 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.

CANCELLATION CLAUSE

The City of Atlantic City shall at any time during the contract period terminate the contract by giving TEN (10) DAYS notice in writing to the other party of its intention to do so. The

City of Atlantic City has a right to eliminate any item, items or groups, prior to awarding a contract.

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.

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.

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.

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.

EMERGENT SERVICES, MATERIALS, SUPPLIES & EQUIPMENT

The City reserves the right to require any or all of the successful bidders to both quote and timely provide emergent any services, 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.

PRICE

The price or prices quoted shall be net, F.O.B destination, 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.

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. WHEN APPLICABLE THE CITY OF ATLANTIC CITY

IS REQUESTING THAT A COPY OF YOUR CERTIFICATE OF

REGISTRATION BE SUBMITTED WITH THE BID PACKAGE.

INSURANCE REQUIREMENTS

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 hereinIn 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 must 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 will respond to Indemnification clause shall be included in the policy. The General Aggregate Limit shall apply separately to the work as defined in 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. Deductible no greater than $5,000.

Umbrella Liability Insurance

$ 2,000,000 per Occurrence

$ 2,000,000 Aggregate.

Coverage to be excess of the General Liability, Comprehensive Auto Liability, Workers Compensation Coverage B and Protection and Indemnity (if required).

The coverage will follow the Contractual Liability in the General Liability and apply any Aggregate separately to this project/location.

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. It is the Contractor’s responsibility to insure any property they own for loss or damage. The City accepts no responsibility for damage to the Contractor’s property. 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. 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 Carrier(s) will provide 30 days advance notice of the cancellation or non-renewal.

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 item even though he may feel that he has two or more types or styles that shall meet specifications. Bidders shall determine for themselves which to offer. Alternate items bid 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:

5. Should bidder have question(s) with this bid, question(s) shall be addressed in writing to the

City of Atlantic City Purchasing Agent, City Hall, 1301 Bacharach Blvd. Atlantic City, NJ 08401, three (3) business days prior to the opening of bid, via certified mail or hand delivered. Question(s) after three (3) business days prior to bid shall not be opened or responded to.

SCOPE OF WORK

The City of Atlantic City is seeking bid proposals from Licensed Contractors for Snow

Plowing Services for various City streets on an as-needed basis. The City intends to create a roster for the snow removal services to establish, in advance, the rate of compensation for such services. The snow removal services for the City shall be contracted on an as-needed basis as a supplement to the work performed by the Department of Public Works.

The successful Bidder(s) shall be required to provide all necessary personnel and equipment to plow and/or remove snow as specified in this bid.

The City shall choose (on an as-needed basis) from a roster of responsive/responsible

Contractors in order of the hourly rate (low to high) for the equipment/operator.

Contractors placed on the roster shall be required to perform snow plowing and/or removal services pursuant to the terms described in these specifications. By seeking bids from

Contractors, the City does not represent or guarantee that it shall utilize the Contractor's services over the course of the contract period.

The services bid shall be delineated for each equipment type as noted below.

Equipment Types:

• Trucks, up to two tons, with an 8-foot wide plow and salt spreader

• Trucks, two tons or greater, with a 9-foot wide plow and salt spreader

• Front End Loader, with a minimum 2.5 cubic yard bucket

• Small Loader or Loader/Backhoe, with a minimum 1 cubic yard bucket

Hourly rates shall include all equipment, tools, transportation, insurances, overhead and any other costs as required under this bid document.

The following requirements apply:

• All plow trucks shall be equipped with a snow plow that breaks away upon impact.

• All equipment shall be DOT approved for the road.

• All equipment shall be properly equipped, licensed, registered, and insured.

• All operators shall be properly licensed. The Contractor shall be responsible for updating operator information as necessary. The City reserves the right to verify this information at any time prior to contract award or at any time throughout the duration of the contract. Any Contractor who fails to supply requested photocopies of the operators’ licenses shall be subject to disqualification.

• Contractors and their operators shall comply with all Federal, State, and Local Laws and Regulations at all times.

• All work shall start at the Public Works Yard located at 1100 N. Albany Avenue, Atlantic City, NJ 08401. The City shall not pay for travel time to and from the

Public Works Facility.

• The City shall assign snow plowing routes to the selected Contractors.

• The City shall not pay the contracted hourly rate while the Contractor’s equipment is out of service, if the operator of the equipment is not available, the equipment is not being used for City snow plowing and/or removal. The City shall not pay for meal and/or rest periods.

• Contractors shall provide the City with a contact telephone number where they can be reached 24 hours a day 7 days a week.

• Contractors shall provide the City with a cell phone number for each operator to maintain contact with the City during the course of each scheduled event.

• Contractors shall report to the City’s Public Works Yard, equipped and ready to plow snow within two (2) hours of notification.

• In the event a Contractor does not respond to the City’s request for service, the next

Contractor on roster shall be notified. The City reserves the right to contact multiple Contractors if necessary.

• Any damage as a result of the Contractors plowing operations are to be repaired by the Contractor at no expense to the City.

• The City shall retain the right to remove any Contractor from the roster if

Contractor fails to meet and maintain the terms described in this bid or fails to perform work in a workman-like manner within the demands and time constraints established by the City for the service.

GENERAL EXPERIENCE

The bidder shall include the following information in their bid package:

Contractor shall utilize operators with at least three (3) years’ experience in snow plowing. As well as experience in large-scale snow storms.

Contact Information: Provide the name and address of the firm; the name, telephone number, fax number, and e-mail address of the individual responsible for the preparation of the proposal.

Contractor shall include a list of their equipment that the Contractor proposes to utilize in the performance of the work specified under this contract.

The Contractor shall only employ qualified workers who are skilled in the performance of the services outlined in these specifications. Personnel performing work under this contract shall be direct employees of the Contractor – no subcontractors are allowed.

The City of Atlantic City reserves the right to review the resumes of all personnel performing under this contract.

Each bidder shall submit three (3) local references related to their performance of similar services with their bid. References shall include contact names, titles, addresses, and phone numbers.

CONTRACT TERM

The contract period shall be for a six (6) month period November 1, 2026 - April 30, 2027 and shall commence upon contract award and approved purchase order.

CONTRACTOR'S REPRESENTATIVE

The successful Contractor shall provide the City with the name, telephone number and email address of the supervisor assigned to this account.

SAFETY

The Contractor shall be responsible for instructing their employees in safety measures considered appropriate to the Services outlined in these Specifications. The safe use of all equipment are the responsibility of the Contractor. Personnel shall not place or use any equipment in traffic areas or other locations in such a manner as to create safety hazards.

EMERGENCIES

If an emergency situation arises, the Contractor shall contact the City’s point of contact immediately, but no later than one (1) hour of occurrence. The Contractor shall supply the

City with an emergency contact telephone number.

ITEMIZED BILLING & INVOICING

The Contractor shall submit detailed billing for the designated work performed. The City shall provide work reports for the Contractor to use. These work reports shall be completely filled out and signed by a designated City representative for each shift worked. Copies of these reports should be submitted with the detailed billing information.

EXAMINATION OF SPECIFICATIONS AND SITE

Before submitting a bid, each Bidder shall:

a) Familiarize themselves with the local roads and conditions that may in any manner affect performance of the work.

b) Familiarize themselves with Federal, State and Local Laws, Ordinances, Rules and

Regulations affecting the performance of the work.

Bidders are expected to examine the specifications and related documents with care and observe all their requirements.

PROPOSAL FORM The undersigned declares that they have carefully read and fully understand this Proposal Form, the Advertisement of the City of Atlantic City, and the Specifications and Instructions to Bidders, set forth herein and in said accompanying documents, and shall strictly adhere to all terms of said documents, if awarded a contract therefore. Work shall be as needed and begin only after the receipt of an approved purchase order, following the execution of the awarded contract. This bid made herein is irrevocable by the undersigned bidder or the personal or legal representative of the bidder.

Bidders shall bid an all-inclusive hourly rate labor rates (ie. “man hour”) and for each equipment (i.e., includes cost of equipment, overhead, fuel & maintenance, etc).

Bidders shall mark “N/A” in the bid price line for each equipment category they are not bidding on.

FOR: SNOWPLOWING SERVICES FOR THE CITY OF ATLANTIC CITY

Group A: Labor Rates

1a. Laborer Foreman (Standard Time) $ ____________________ per hour

Written Amount

1b. Laborer Foreman (Overtime) $ ____________________ per hour

Written Amount

1c. Laborer Foreman (Double Time -

Sundays & Holidays) $ ____________________ per hour

Written Amount

2a. Operator (Standard Time) $ _____________________per hour

Written Amount

2b. Operator (Over Time) $ _____________________per hour

Written Amount

PROPOSAL FORM (cont.)

2c. Operator (Double Time –

Sundays & Holidays) $ ____________________ per hour

Written Amount

3a. Driver (Standard Time) $ _____________________per hour

Written Amount

3b. Driver (Overtime) $ _____________________per hour

Written Amount

3c. Driver (Double Time -

Sundays & Holidays) $ _____________________per hour

Written Amount

Group B: Equipment Rates

1. Trucks, up to two tons, with at least an 8-foot plow width

$ _____________________ per hour

Written Amount

2. Trucks, two tons or greater, with at least a 9-foot plow width

$ _____________________ per hour

Written Amount

PROPOSAL FORM (cont.)

3. Front End Loader, minimum 2.5 cubic yard bucket

$ _____________________ per hour

Written Amount

4. Small Loader or Loader/Backhoe, minimum 1.0 cubic yard bucket

$ _____________________ per hour

Written Amount

NOTE: Bidder shall provide designated equipment location/address during contract term during a snow event in the City of Atlantic City:

SIGNATURE DATE

CERTIFICATION OF EQUIPMENT AND VEHICLES TO BE USED

IN THE PERFORMANCE OF THIS CONTRACT ARE IN

COMPLIANCE WITH REQUIREMENTS OF THE

SPECIFICATIONS

I certify that the equipment and vehicles to be used in the performance of this Contract and set forth on the preceding Equipment/Vehicle List are in compliance with all of the requirements of the specification of BID # 23-3 SNOWPLOWING SERVICES FOR

THE CITY OF ATLANTIC CITY.

COMPANY ________________________________________

ADDRESS _________________________________________

STATE & ZIP CODE ________________________________

PRESIDENT/OWNER _______________________________

SIGNATURE OF PRESIDENT/OWNER

TELEPHONE NO: __________________________________

Sworn to and subscribed

Before me on this day

Of 20____

NOTARY

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. #

CORPORATE/PARTNERSHIP DISCLOSURE STATEMENT

All bidders shall read and complete the Statement of Ownership Disclosure, where applicable, on the following page, regardless of whether such bidder is a corporation, partnership or sole proprietor.

The Provisions of N.J.S.A. 52:25-24.2, in referring to corporations and partnerships, are intended to apply to all forms of corporations and partnerships, including limited partnerships, limited liability corporations, limited liability partnerships and subchapter S corporations.

N.J.S.A. 52:25-24.2 provides in pertinent part that no partnership or corporation shall be awarded any State, County, Municipal, or School District contract for the performance of any work or the furnishing of any materials and supplies unless, prior to the receipt of the bid or accompanying bid of said partnership or corporation, there is submitted a statement containing the following information:

(1) If the bidder is a partnership, the names and addresses of all partners who own a 10% or greater interest in the partnership.

(2) If the bidder is a corporation, the names and address of all stockholders in the corporation who own 10% or more of its stock of any class.

(3) If a corporation owns all or part of the stock of the corporation or partnership submitting the bid, a list of the stockholders who own 10% or more of the stock of any class of that corporation.

STATEMENT OF OWNERSHIP DISCLOSURE

N.J.S.A. 52:25-24.2 (P.L. 1977, c.33, as amended by P.L. 2016, c.43)

This statement shall be completed, certified to, and included with all bid submissions.

Failure to submit the required information is cause for automatic rejection of the bid or proposal.

Name of Organization:____________________________________________________

Organization Address:____________________________________________________

Part I: Check the box that represents the type of business organization:

Sole Proprietorship (skip Parts II and III, execute certification in Part IV)

Non-Profit Corporation (skip Parts II and III, execute certification in Part IV)

For-Profit Corporation (any type) Limited Liability Company (LLC)

Partnership Limited Partnership Limited Liability Partnership (LLP)

Other (be specific): ______________________________________________

Part II:

The list below contains the names and addresses of all stockholders in the corporation who own 10 percent or more of its stock, of any class, or of all individual partners in the partnership who own a 10 percent or greater interest therein, or of all members in the limited liability company who own a 10 percent or greater interest therein, as the case may be.

(COMPLETE THE LIST BELOW IN THIS SECTION)

OR

No one stockholder in the corporation owns 10 percent or more of its stock, of any class, or no individual partner in the partnership owns a 10 percent or greater interest therein, or no member in the limited liability company owns a 10 percent or greater interest therein, as the case may be. (SKIP TO PART IV)

(Please attach additional sheets if more space is needed):

Name of Individual or Business Entity Home Address (for Individuals) or Business Address

Part III: Disclosure of 10% or greater ownership in the Stockholders, Partners or LLC

Members listed in Part II

If a bidder has a direct or indirect parent entity which is publicly traded, and any person holds a 10 percent or greater beneficial interest in the publicly traded parent entity as of the last annual federal Security and Exchange Commission (SEC) or foreign equivalent filing, ownership disclosure can be met by providing links to the website(s) containing the last annual filing(s) with the federal Securities and Exchange Commission (or foreign equivalent) that contain the name and address of each person holding a 10 percent or greater beneficial interest in the publicly traded parent entity, along with the relevant page numbers of the filing(s) that contain the information on each such person. Attach additional sheets if more space is needed.

Please list the names and addresses of each stockholder, partner or member owning a 10% or greater interest in any corresponding corporation, partnership and/or limited liability company

(LLC) listed in Part II other than for any publicly traded parent entities referenced above. The disclosure shall be continued until names and addresses of every noncorporate stockholder, and individual partner, and member exceeding the 10% ownership criteria established pursuant to

N.J.S.A. 52:25-24.2 has been listed. Attach additional sheets if more space is needed.

Part IV Certification

I, being duly sworn upon my oath, hereby represent that the foregoing information and any attachments thereto to the best of my knowledge are true and complete. I acknowledge: (a) I am authorized to execute this certification on behalf of the bidder; (b) the City is relying on the information contained herein and I am under a continuing obligation from the date of this certification through the completion of any contracts with the City to notify the City in writing of any changes to the information contained herein; (c) I am aware that it is a criminal offense to make a false statement or misrepresentation in this certification, and if I do so, I am subject to criminal prosecution under the law and that it will constitute a material breach of my agreement(s) with the City, permitting the City to declare any contract(s) resulting from this certification void and unenforceable.

Full Name (Print): Title:

Signature: Date:

Website (URL) containing the last annual SEC (or foreign equivalent) filing Page #’s

Stockholder/Partner/Member and

Corresponding Entity Listed in Part II

Home Address (for Individuals) or Business Address

BUSINESS ENTITY INFORMATION SHEET

1. If the bidder is an LLC, sign name and give address:

Name: ____________________________________________________

Address: __________________________________________________

Telephone No & Area Code: __________________________________

Fax No & Area Code: _______________________________________

2. If individual has a TRADE NAME, give such trade name:

Trading as: ________________________________________________

Telephone No & Area Code: __________________________________

Fax No & Area Code: _______________________________________

3. If the bidder is INCORPORATED, give following information:

State under whose laws incorporated: ____________________________

Location of principal office: ____________________________________

Telephone No & Area Code: __________________________________

Fax No & Area Code: _______________________________________

4. If bidder is a PARTNERSHIP, state names of partners and firm name:

Address: ___________________________________________________

Telephone No & Area Code: ___________________________________

Fax No & Area Code: ________________________________________

5. Agent in charge of said office whom notice may be legally served:

Name: _____________________________________________________

Telephone No & Area Code: ___________________________________

Fax No & Area Code: ________________________________________

Name of Corporation: ________________________________________

By: _________________________________________________

Title: ________________________________________________

Address: _____________________________________________

Telephone No & Area Code: _____________________________

Fax No & Area Code: __________________________________

NOTE: Item #5 shall be completely filled in.

NON-COLLUSION AFFIDAVIT

STATE OF NEW JERSEY)

SS

COUNTY OF )

I _______________________________ of __________________________in the county of

______________________ and the State of ________________________, of full age being duly sworn according to law on my oath, depose and say that I am, _________________________ of the Company of _________________________________, the bidder making the Proposal for the project herein, and that I executed the said Proposal with full authority to do so, that said bidder has not directly or indirectly entered into any agreement, participated in any collusion or otherwise taken any action in restraint of free, competitive bidding in connection with the above named project, and that all statements contained in said Proposal and in this Affidavit are true and correct, and made with full knowledge that the City relies upon the truth of the statements contained in said

Proposal and in the statements contained in this Affidavit in awarding the contract for said project.

I warrant that no requirement or commitment was made in reference to any political contribution to any party, persons, or elected official and that no undisclosed benefits of any kind were promised to anyone connected with City government or any political party in reference hereto.

I warrant that no member, partner, official, officer, stockholder or anyone having interest in this company has any interest of any amount or nature as to another company, firm, partnership, corporation, group, etc., making a bid on said project.

I further warrant that no person or selling agent has been employed or retained to solicit or secure the Contract upon any agreement or understanding for a commission, percentage, brokerage or contingent fee, except bona fide employees or bona fide established commercial or selling agencies maintained by _________________________.

Name of Contractor

I further warrant and represent that I have never been convicted of or acknowledge nor admitted to any payment of kickbacks or unlawful gifts to any government official or employee for which conduct the City deems me disqualified from doing business with the City under such circumstances.

I also understand that the above disqualification does not apply to any person who cooperates with the prosecution and gives supporting testimony of behalf of the prosecution in the course of a judicial inquiry.

Sworn and subscribed to before me ______________________________ the _____ day of __________, 20__ Signature of Affiant

Signature of Notary Public Print/Type Name of Affiant

Notary Public of _________________

My Commission Expires ___________

SPECIFICATIONS & INSTRUCTIONS

AFFIRMATIVE ACTION/CONTRACT COMPLIANCE REQUIREMENTS

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 AND ORDINANCE NO. 24 OF 1993

ALL BIDDERS are required to submit the Schedule of Good Faith Effort for Utilization of

Minority and Women Business Enterprise Program for Contractors and/or supplies.

ALL BIDDERS are encouraged to hire Atlantic City residents and use Atlantic City Contractor, Sub-Contractors and Merchants if awarded this contract.

ALL BIDDERS shall write the following office’s for technical assistance before submission of this bid package, if assistance is needed. All requests for assistance & responses thereto shall be in writing.

ALL BIDDERS that have received a NJ Certificate of Employee Information Report shall enclose a copy of same with this qualifications package. All others shall contact the Public Agency

Compliance Officer (P.A.C.O.)

CONTACT INFORMATION:

Business Administrator's Office

Alexxus Young, MPA, Affirmative Action Officer

Public Agency Compliance Officer

Telephone (609) 347-5374 ayoung@acnj.gov

If awarded this contract your company/firm shall be required to comply with the requirement of

N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27 Law against Discrimination in Public Contracts.

SCHEDULE OF MINORITY BUSINESS ENTERPRISE (MBE)

FEMALE BUSINESS ENTERPRISE (FBE)

CONTRACTORS/SUPPLIERS

ALL BIDDERS shall write to the Public Agency Compliance Officer for technical assistance before submission of this bid, if assistance is needed. All requests for assistance & responses thereto shall be in writing to Business Adminstrator's Office, Attn: Alexxus Young, City Hall, Room 703, 1301 Bacharach Blvd, Atlantic City, NJ 08401.

BIDDER SHALL COMPLETE THIS FORM AND SUBMIT WITH BID PACKAGE.

FMBE STATUS: FBE _____ MBE _____ DBE _____ OTHER ________________

CERTIFICATION NO _________ City _________State ________ Other __________

(If FMBE Status exclude Part I and Part II)

PART I: SCHEDULE OF MINORITY CONTRACTORS AND/OR SUPPLIERS

Contractor to insert Specify type of work Total Contract

Name of Minority Break-down segments Dollar Amount to

Business Addresses and of work MFBEs w/minimum

Telephone Numbers of 10%

Any substitution of a MFBE identified on this schedule shall be for good cause and on written notice to the Public Agency Compliance Officer. Any substitution for MFBE Sub Contractors and/or suppliers shall be by a certified MFBE Sub Contractor and/or Suppliers with the written prior approval of the Public Agency Compliance Officer.

PART II: GOOD FAITH EFFORT EXTENDED

(Complete in event the above 10% minimum MFBE

Contractors/Suppliers participation is not met)

INSTRUCTION: Fully explain all efforts taken to meet the minimum minority contractors and/or suppliers participation which shall include: letters, phone calls, communications sent to minority firms, sources and/or contracts, etc. Documentation of all efforts shall be required.

MINIMUM GOOD FAITH CONDITIONS

AWARDING OF PROCUREMENT, PROFESSIONAL

OR SERVICE CONTRACTING

ONLY

Once the successful bidder is identified (through the receipt of a copy of the resolution approved by the City Council of Atlantic City) then the contractor who has been awarded the contract shall provide the Public Agency with one of the following:

(A) If the contractor has a Federal Affirmative Action Plan Approval which consists of a valid letter from the Office of Federal Contract Compliance Programs.

A photo copy of the letter of approval shall be submitted to the Human Resources Office.

(or)

(B) If the contractor has a Certificate of Employee Information Report.

A photo copy of the certificate shall be submitted to the Human Resources Office.

(or)

(C) If the company has none of the above, the Public Agency is required to provide the contractor with an AA302 Affirmative Action Employee Information Report.

Bidder shall submit a copy of any of the above to the Business Adminstrator's Office, Attn:

Alexxus Young, City Hall, Room 703, 1301 Bacharach Blvd, Atlantic City, NJ 08401

AMERICANS WITH DISABILITIES ACT

Contracting Language

Equal Opportunity for Individuals with Disabilities

The Contractor and the City do hereby agree that the provisions of Title II of the Americans with

Disabilities Act of 1990 (the “Act”, 42 U.S.C. § 12101 et seq.), which prohibits discrimination on the basis of disability by public entities in all services, programs, and activities provided or made available by public entities, and the rules and regulations promulgated pursuant thereunto, are made a part of this contract. In providing any aid, benefit, or service on behalf of the City pursuant to this contract, the Contractor agrees that the preference shall be in strict compliance with the Act.

In the event that the Contractor, its agents, servants, employees, or subcontractors violate or are alleged to have violated the Act during the performance of this contract, the Contractor shall defend the City in any action or administrative proceeding commenced pursuant to this Act. The

Contractor shall indemnify, protect, and save harmless the City, its agents, servants, and employees from and against any and all suits, claims, losses, demands, or damages of any kind or nature arises out of or claimed to arise out of the alleged violation. The Contractor shall, at its own expense, appear, defend, and pay any and all charges for legal services and any and all costs and other expenses arising from such action or administrative proceeding or incurred in connection therewith.

In any and all complaints brought pursuant to the City’s grievance procedure, the Contractor agrees to abide by any decision of the City which is rendered pursuant to said grievance procedure. If any action or administrative proceeding results in an award of damages against the City, or if, the City incurs any expense to cure a violation of the ADA which has been brought pursuant to its grievance procedure, the Contractor shall satisfy and discharge the same at its own expense.

The City shall, as soon as practicable after a claim has been made against it, give written notice thereof to the Contractor along with full and complete particulars of the claim. If any action or administrative proceeding is brought against the City or any of its agents, servants, and employees, the City shall expeditiously forward or have forwarded to the Contractor every demand, complaint, notice, summons, pleading, or other process received by the City or its representatives.

It is expressly agreed and understood that any approval by the City of the services provided by the

Contractor pursuant to this contract will not relieve the Contractor of the obligation to comply with the Act and to defend, indemnify, protect and save harmless the City pursuant to this paragraph.

It is further agreed and understood that the City assumes no obligation to indemnify or save harmless the Contractor, its agents, servant, employees and subcontractors for any claim which may arise out of their performance of this agreement. Furthermore, the Contractor expressly understands and agrees that the provisions of this indemnification clause shall in no way limit the

Contractor’s obligations assumed in this agreement, nor shall they be construed to relieve the

Contractor from any liability, nor preclude the City from taking any other actions available to it under any other provisions of this agreement or otherwise at law.

color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex; and that it will discontinue the use of any recruitment agency which engages in direct or indirect discriminatory practices.

The Contractor or Subcontractor, where applicable, agrees to revise any of its testing procedures, if necessary, to assure that all personnel testing conforms to the principles of job-related testing, as established by the statutes and court decisions of the State of New Jersey and as established by applicable law and applicable Federal court decisions.

In conforming with the applicable targeted employment goals, the Contractor or

Subcontractor, where applicable, agrees to review all procedures relating to transfer, upgrading, downgrading and layoff to ensure that all such actions are taken without regard to age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex, consistent with the statutes and court decisions of the State of New Jersey, and applicable Federal law and applicable Federal court decisions.

The Contractor shall submit to the Director, after notification of award but prior to execution of a

Contract, one of the following three documents:

1. Letter of Federal Affirmative Action Plan Approval;

2. Certificate of Employee Information Report;

3. Employee Information Report Form AA302 (electronically provided by the Division and distributed to the public agency through the Division’s website at www.state.nj.us/treasury/contract_compliance)

The Contractor and its Subcontractors shall furnish such reports or other documents to the

Department of the Treasury Public Contracts Equal Employment Opportunity Monitoring Program as may be requested by the office from time to time in order to carry out the purposes of these regulations, and public agencies shall furnish such information as may be requested by the Division of Public Contracts Equal Employment Opportunity Compliance for conducting a compliance investigation pursuant to Subchapter 10 of the Administrative Code at N.J.A.C. 17:27.

Prohibited Russia-Belarus Activities & Iran Investment Activities

Person or Entity

Part 1: Certification

COMPLETE PART 1 BY CHECKING ONE OF THE THREE BOXES BELOW

Pursuant to law, any person or entity that is a successful bidder or proposer, or otherwise proposes to enter into or renew a contract, for goods or services must complete the certification below prior to contract award to attest, under penalty of perjury, that neither the person or entity, nor any parent entity, subsidiary, or affiliate, is identified on the Department of Treasury's Russia-Belarus list or Chapter 25 list as a person or entity engaging in prohibited activities in Russia, Belarus or Iran. Before a contract for goods or services can be amended or extended, a person or entity must certify that neither the person or entity, nor any parent entity, subsidiary, or affiliate, is identified on the Department of Treasury's Russia-Belarus list. Both lists are found on Treasury’s website at the following web addresses:

https://www.nj.gov/treasury/administration/pdf/RussiaBelarusEntityList.pdf www.state.nj.us/treasury/purchase/pdf/Chapter25List.pdf.

As applicable to the type of contract, the above-referenced lists must be reviewed prior to completing the below certification.

A person or entity unable to make the certification must provide a detailed, accurate, and precise description of the activities of the person or entity, or of a parent entity, subsidiary, or affiliate, engaging in prohibited activities in Russia or Belarus and/or investment activities in Iran. The person or entity must cease engaging in any prohibited activities and provide an updated certification before the contract can be entered into.

If a vendor or contractor is found to be in violation of law, action may be taken as appropriate and as may be provided by law, rule, or contract, including but not limited to imposing sanctions, seeking compliance, recovering damages, declaring the party in default, and seeking debarment or suspension of the party.

CONTRACT AWARDS AND RENEWALS

I certify, pursuant to law, that neither the person or entity listed above, nor any parent entity, subsidiary, or affiliate appears on the N.J. Department of Treasury’s lists of entities engaged in prohibited activities in Russia or Belarus pursuant to P.L. 2022,

c. 3 or in investment activities in Iran pursuant to P.L. 2012, c. 25 ("Chapter 25

List"). I further certify that I am the person listed above, or I am an officer or representative of the entity listed above and am authorized to make this certification on its behalf. (Skip Part 2 and sign and complete the Certification below.)

Part 2: Additional Information

PLEASE PROVIDE FURTHER INFORMATION RELATED TO PROHIBITED ACTIVITIES IN

RUSSIA OR BELARUS AND/OR INVESTMENT ACTIVITIES IN IRAN.

You must provide a detailed, accurate, and precise description of the activities of the person or entity, or of a parent entity, subsidiary, or affiliate, engaging in prohibited activities in Russia or Belarus and/or investment activities in Iran in the space below and, if needed, on additional sheets provided by you.

CONTRACT AMENDMENTS AND EXTENSIONS

I certify, pursuant to law, that neither the…