Request for Proposals

Notice is hereby given that proposals shall be received by the City of Atlantic City on, Thursday, August 27, 2026 at 10:00AM (Prevailing time) electronically to the City, through E-Procurement platform in accordance with N.J.A.C. 5:34-1 et. Seq., on BidNet Direct accessible via www.bidnetdirect.com//atlanticcity:

RFP #26-50 Conditions Assessment and Design Development Documents for

Fire Station #3 (Historic #9) located at 734 N. Indiana Avenue

Proposals shall be electronically uploaded, no physical proposals shall be received, opened or honored.

Specifications and instructions may be obtained from E-procurement platform www.bidnetdirect.com//atlanticcity

For zoom opening information contact:

Sean P. Canning, QPA scanning@TheCanningGroup.org

Proposers are required to comply with the requirements of N.J.S.A.10:5-31 et seq. and N.J.A.C.

17:27.

This request has been advertised in accordance with the “Fair and Open Basis” (N.J.S.A.

19:44A-20.5).

Kelly Astin, QPA

City of Atlantic City

Purchasing Agent

SPECIFICATIONS & INSTRUCTIONS

ECTION 1: CONDITIONS APPLICABLE TO RFP

A. The RFP and selected Proposer’s proposal may, by reference, become part of any formal contract between the City and Proposer resulting for this solicitation

B. All comments and questions concerning this request for proposals shall be addressed through www.bidnetdirect.com//atlanticcity

C. The City shall have the right to reject any or all proposals, reject a proposal not accompanied by the information required by the RFP, or reject a proposal which is in any way incomplete or irregular.

D. Following the evaluation of written proposal, Proposer(s) may be requested to offer oral presentation to the City.

E. This RFP does not commit the City to the awarding of a Contract.

F. The Proposer shall be prepared to comply with all Affirmative Action laws, rules and regulations as same may be enacted or amended during the project. The successful

Proposer shall execute a contract which shall be subject to New Jersey Public Law 1975,

c. 127.

G. Each proposal and all information required to be submitted pursuant to the RFP shall be prepared at the sole cost and expense of the Proposer.

H. The Proposer shall be prepared to comply with “Local Unit Pay-To-Play Law” (P.L.

2004, c.19, as amended by P.L. 2005, c. 51) establishing that business entity which makes political contributions to municipal candidates and municipal and county political parties in excess of certain thresholds shall be limited in its ability to receive public contracts from the City of Atlantic City.

I. RFP responses shall remain open for a Sixty (60) day period from submitted date. The

City may either award the contract within the applicable time period or reject all responses. The City reserves the right to waive any minor informality in the RFP.

J. Proposers shall include a copy of their Declaration Page, evidencing coverage.

Respondent shall defend, indemnify and hold harmless the City of Atlantic City, its officers, agents and employees.

K. Proposers shall be eliminated from competition if they do not meet applicable Federal, State or County legal requirements, where applicable

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

REGISTRATION CERTIFICATE BE SUBMITTED WITH YOUR RFP.

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 State 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.

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

N. All materials submitted in response to this RFP shall become the property of the City.

O. The City reserves the right to waive any irregularity in any Proposal received or any other aspect of this procurement.

P. Proposers are advised that with respect to this RFP, no contact with the City personnel in any way related to this solicitation is permitted.

Q. News releases or other public announcements relating to this RFP shall not be made by any party receiving this RFP without the prior written approval of the City.

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 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.

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

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 requirements, 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.

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.

Professional Liability Insurance

$ 1,000,000 Each Claim

$ 3,000,000 Aggregate

Contractor must confirm that the full limits are available and they have not been reduced by other claims.

In the event the Professional Liability coverage is written on a Claims-Made basis, Contractor warrants that the policy retroactive date precedes the date of this contract and that either continuous coverage or an extended discovery period of 2 years will be maintained from the date this contract is completed.

Cyber Liability Insurance

$ 1,000,000 Each Claim

$ 3,000,000 Aggregate

Contractor must confirm that the full limits are available and they have not been reduced by other claims.

In the event the Cyber Liability coverage is written on a Claims-Made basis, Contractor warrants that the policy retroactive date precedes the date of this contract and either continuous coverage or an extended discovery period of 2 years will be maintained from the date this contract is completed.

Other Conditions

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 and Additional Insureds on the Contractor’s Auto

Liability and Cyber Liability Policies 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, Automobile Liability and

Professional Liability 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 policy limits are greater than the minimum limits noted above, the minimum limits required are automatically adjusted to those greater limits.

Prior to commencement of work, 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.

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.

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 insurance carrier(s) will provide 30 days advance notice of the cancellation or non-renewal.

SECTION 2: SPECIFICATIONS

2.1 Project Description:

Atlantic City seeks a qualified historic preservation consultant/ architect who meets appropriate federal professional qualification requirements as published in the Secretary of the Interior’s

Standards and Guidelines for Archaeology and Historic Preservation, 48 FR 44716, to work with the city to complete a series of tasks resulting in a Conditions Assessment Report and Design

Development Drawings for the restoration of the façade and rehabilitation of the interior of Fire

Station #3 in the city.

2.2 Project Objectives:

Atlantic City Fire Station #3 (Historically #9) was built in 1907. It has been in continuous use as a firehouse for close to 120 years. Firehouses have a storied and vital place in the history of

Atlantic City. The city’s transformation in the late 19th century to a vacation destination brought about the erection of grand hotels on the Boardwalk as well as the proliferation of much more flammable and densely situated wooden boarding houses away from the Boardwalk. The necessity of neighborhood firehouses and their importance in maintaining fire safety for the ever-increasing number of visitors resulted in the city’s construction of numerous fire houses throughout the city. Some of these, particularly those located in the city center, were designed to demonstrate the city’s growing prominence and pride in itself as a destination. Fire Station #3, located in the historically segregated Northside neighborhood, have a more utilitarian, unornamented designs.

Fire Stations #3 has received an Certificate of eligibility from the New Jersey Historic

Preservation Office (NJHPO) for association with broad patterns of the city’s history and for distinctive early 20th century style of civic architecture. The nomination of the Fire Station to the

NJ HPO for NJ and federal historic registration was submitted in 2025 and is under consideration at NJ HPO.

Atlantic City requires a Conditions’ Assessment Report and Design Development Drawings for adaptive re-use of the fire house that will relate to the original function of the building while updating the interior to 21st century firefighting standards. This firehouse is an important part of the city’s cultural and institutional history. Atlantic City is committed to preserving the history of firefighting within the city and to re-utilizing its existing historic resources to the maximum extent possible.

Scope of Work:

This project consists of the following tasks to be performed at Fire Station #3.

Task #1: Conditions Assessment Report

The selected architect consultant will perform a conditions’ assessment of the elements of the fire station structure prior to preparing design documents for rehabilitation of the building according to the city’s program for use. The Conditions Assessment reports shall include:

1. Table of contents;

2. Property identification information, including address, listing on historic registries, historic names.;

3. Brief summary of the property’s history and description of its existing setting;

4. An executive summary, including acknowledgements, why the report is being done and for whom, current use of the property, proposed adaptive uses; and

5. A summary of the methods used to create the report.

6. Summary description of each building’s existing condition, providing a general overview of the existing conditions of the firehouse as an introduction to the more detailed information to follow.

7. Detailed existing condition description of the individual exterior material components: site, foundation, siding, brick, windows, doors, trim, cornice, roof, etc.

8. Room-by-room descriptions, including documentation of interior features, finishes, and materials and detailed identification of areas of deterioration and repair for floors, walls, ceilings, doors, windows, trim, fireplaces, stairs, and other architectural features.

9. Evaluation of the physical condition of each structure’s materials including: masonry, mortar, roofing, trim, exterior finish materials, plaster (flat and decorative), wood floors, other wood features, finishes and millwork, structural elements, etc.

10. Summary description and evaluation of the building systems: electrical, plumbing, HVAC, fire protection, etc.

11. Identification and evaluation of the causes for the deterioration, decay and loss of the material components of each building. Descriptions should include location and extent of problem areas and reference associated photo-documentation.

12. An evaluation of the problems associated with the repair or replacement of the identified deteriorated areas and historic materials.

13. Recommendations for the appropriate treatment of deteriorated historic elements.

Recommendations should be consistent with the Secretary of the Interior’s Standards for the

Treatment of Historic Properties, consider the potential impact of recommended treatments, and avoid significantly altering the property’s historic character and context.

14. Recommendations should account for expected climate change and the position of each Fire

Station within the coastal city.

15. Existing conditions information including: site plans, “as built” floor plans and elevations, detail photographs or drawings of significant features, context photo-documentation, and existing conditions detail photo-documentation.

16. Supplementary information including, ADA audit, summary building code issues evaluation, and an archaeological needs assessment for each building.

Task #2: Design Development Documents

The selected consultant will meet with the city and fire officials to understand the requirements for rehabilitation of the interior of each fire station. Based on the agreed program, the consultant will:

1. Prepare a set of design development drawings which can be eventually converted to construction drawings when funding is obtained. Drawings should include, at a minimum:

• Code analysis plan

• Architectural floor plans

• Reflected ceiling plan

• Roof plan

• Exterior Building elevations

• Building and wall sections

• Structural plans

• Mechanical plans

• Plumbing/Fire Protection plans

• Electrical drawings

2. Prepare draft specifications for the drawings

3. Include a maintenance plan based on 3 month to 5 year intervals

Task #3: Construction Estimate

1. The selected consultant shall have an independent estimator analyze the Design Development

Documents and produce an estimate of the construction cost.

Schedule:

The city is ready to begin work on this project. expectation that the successful consultant will begin work immediately upon receipt of the Notice to Proceed from the city.

Kick off meeting with consultant Week 0

Conditions Assessment draft to city Week 12

Design Development Documents Week 24

Construction Estimate Week 24

SECTON 3: QUALIFICATIONS & REQUIRED SUBMITTALS

All proposals shall include at a minimum the following information:

1) The successful consultant will meet or exceed the minimum professional qualifications as defined in the Code of Federal Regulations (36 CFR 61, Appendix A). The consultant’s proposal should demonstrate familiarity with the Secretary’s standards and must include a minimum of two successful historic projects.

2) All proposals shall list the personnel expected to perform each task and subtask.

3) The successful consultant must receive approval from the New Jersey Historic Trust and meet the Secretary of Interior’s Professional Qualifications Standards for Historic

Architecture.

4) Resumes and Organizational Chart: Provide resumes of the person(s) primarily responsible for services, their alternates and individuals who would comprise your operational team;

5) Identification of the Proposer’s principal place of business and the business address of key staff that shall be responsible for providing services under the contract if applicable;

6) Experience statement with similar projects.

7) A copy of any/all professional license(s) with respect to performing services described in the specifications and proof of licensure to do business in the State;

8) Satisfactory evidence of comprehensive general liability and professional liability insurance coverage satisfactory to the City of Atlantic City;

9) Fees/Costs: Breakdown of cost per task, hourly rates and total proposed amount.

10) Summary of Consultant’s understanding of the scope of work and proposed services to accomplish.

11) A detailed description of how the Tasks will be accomplished, including sequencing of the tasks by building.

SECTION 4: EVALUATION CRITERA

The following criteria shall be used in evaluation of the proposal responses:

1. Cost/Fees

2. Experience, reputation and general success in the field to which the contract applies:

3. The overall ability of the Proposer to mobilize, undertake and successfully complete the contract. This judgment will include the qualifications, number, and availability of management, supervisory and other key staff assigned to the contract and the

Proposer’s management plan for the contract.

4. Knowledge of the City of Atlantic City and the subject matter to be addressed under the contract;

RESPONDENT INFORMATION

In order to assure that all future correspondence is directed to the correct address, assure proper ordering, expedite future payments, and in accordance with I.R.S. regulations, the following information shall be provided with this Proposal Package.

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

PROPOSERS SHALL COMPLETE AND SIGN THIS FORM

AND SUBMIT IT WITH YOUR PROPOSAL

All proposers shall read and complete this statement where applicable, regardless of whether proposer is a corporation, partnership or sole proprietor.

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

Chapter 33 of the Public Laws of 1977 (N.J.S.A. 52:25-24.2) provides in pertinent part that no partnership or corporation or limited liability company 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 or limited liability company, there is submitted a statement containing the following information:

(1) If the proposer is a partnership/limited liability company, then the statement shall set forth the names and addresses of all members who own a 10% or greater interest in the partnership/company.

(2) If the proposer is a corporation, then the statement shall set forth 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 RFP, then the statement shall include a list of the stockholders who own 10% or more of the stock of any class of that corporation.

Proposers with any direct or indirect parent entity which is publicly traded may submit the name and address of each publicly traded entity and the name and address of each person that holds a

10% or greater beneficial interest in the publicly traded entity as the last annual filing with the federal Securities and Exchange Commission or the foreign equivalent, and it there is any person that holds a 10% or greater beneficial interest, also shall submit links to the websites containing the last annual filings with the federal Securities and Exchange Commission or the foreign equivalent and the relevant page numbers of the filings that contain the information on each person that holds a 10% or greater beneficial interest.

Proposer shall complete the corporate/partnership disclosure statement form on the following page.

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 and proposal 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% 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 percent 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 percent 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: that I am authorized to execute this certification on behalf of the bidder/proposer; that the City of Atlantic City is relying on the information contained herein and that 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; that 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, 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

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 Firm of _________________________________ the bidder making the Proposal for the herein project, 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 of Atlantic 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 firm has any interest of any amount or nature as to another firm, partnership, corporation, company, 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 contract such upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, except bona fide employees or bona fide established commercial or selling agencies maintained by _________________________.

Name of Contractor

Continued

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 of Atlantic City deems me disqualified from doing business with the City of

Atlantic City under such circumstances.

I also understand that the above disqualification does not apply to any vendor 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 ___________

PROPOSER SHALL COMPLETE THIS PAGE

1. If the proposer 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: ________________________________________________

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

State under whose laws incorporated: ____________________________

Location of principal office: ____________________________________

4. If proposer 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.

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

EXHIBIT A

MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE

N.J.S.A. 10:5-31 et seq. (P.L. 1975, C. 127)

N.J.A.C 17:27

During the performance of this contract, the contractor agrees as follows:

The contractor or subcontractor, where applicable, will not discriminate against any employee or applicant for employment because of age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Except with respect to affectional or sexual orientation and gender identity or expression, the contractor will ensure that equal employment opportunity is afforded to such applicants in recruitment and employment, and that employees are treated during employment, without regard to their age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Such equal employment opportunity shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination;

rates of pay or other forms of compensation; and selection for training, including apprenticeship.

The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Public Agency Compliance Officer setting forth provisions of this nondiscrimination clause.

The contractor or subcontractor, where applicable will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex.

The contractor or subcontractor, where applicable, will send to each labor union with which it has a collective bargaining agreement, a notice, to be provided by the agency contracting officer, advising the labor union of the contractor’s commitments under this chapter and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

The contractor or subcontractor where applicable, agrees to comply with any regulations promulgated by the Treasurer pursuant to N.J.S.A. 10:5-31 et seq., as amended and supplemented from time to time and the Americans with Disabilities Act.

The contractor or subcontractor agrees to make good faith efforts to meet targeted county employment goals established in accordance with N.J.A.C. 17:27-5.2, or a binding determination of the applicable county employment goals determined by the Division, pursuant to N.J.A.C.

17:27-5.2.

The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies including, but not limited to, employment agencies, placement bureaus, colleges, universities, labor unions, that it does not discriminate on the basis of age, creed, 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 agrees to inform in writing its appropriate recruitment agencies including, but not limited to, employment agencies, placement bureaus, colleges, universities, labor unions, that it does not discriminate on the basis of age, creed, 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 agrees to revise any of its testing procedures, if necessary, to assure that all personal 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 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 public agency, after notification of award but prior to execution of a goods and services contract, one of the following three documents:

Letter of Federal Affirmative Action Plan Approval

Certificate of Employee Information Report

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

Division of Public Contracts Equal Employment Opportunity Compliance 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.

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. S12101 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 whatever 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.

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 person or entity listed above, nor any parent entity, subsidiary, or affiliate is listed on the N.J. Department of the Treasury’s lists of entities determined to be engaged in prohibited activities in Russia or Belarus pursuant to P.L. 2022, c. 3. 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.)

IF UNABLE TO CERTIFY

I am unable to certify as above because the person or entity and/or a parent entity, subsidiary, or affiliate is listed on the Department's Russia-Belarus list and/or

Chapter 25 Iran list. I will provide a detailed, accurate, and precise description of the activities as directed in Part 2 below, and sign and complete the Certification below.