atlantic city RFP 26-73 Master Plan Historic Pres.pdf

Request for Proposals

Notice is hereby given that proposals shall be received by the City of Atlantic City on Wednesday,November 18, 2026 at 12:15PM (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 #26-73 Master Plan Historic Preservation Element

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

All Proposers shall be required to comply with the requirements of N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27, Ordinance No. 24 of 1993 and Executive Order No. 2 of 1994, which are available for inspection in the City Clerk’s Office. The Council (as defined in

Chapter 4 of the Administrative Code of the City (the “Code”)) reserves the right to reject any and all bids in accordance with N.J.S.A. 40A:11-13.2.

Kelly Astin, QPA

City of Atlantic City

Purchasing Agent

SPECIFICATIONS & INSTRUCTIONS

SECTION 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 from this solicitation.

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

C. To be considered for the award Proposer shall be experienced and regularly in the business of providing the scope of services required by this RFP and shall be available for consultation.

D. 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.

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

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

G. 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.

H. 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.

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

K. 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 threshold shall be limited in its ability to receive public contracts.

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

M. Proposers are advised that with respect to this RFP, no contact with the City personnel in any way related to this solicitation is permitted, except as shall be authorized by the employee designated herein as the City’s contact person.

N. 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.

O. 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.

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

REGISTRATION CERTIFICATE BE SUBMITTED WITH YOUR RFP.

New Jersey Business Registration Certification Pursuant to N.J.S.A. 52:32-44, City of Atlantic City(“Contracting Agency”) is prohibited from entering into a contract with an entity unless the bidder/ proposer/contractor, and each subcontractor that is required by law to be named in a bid/proposal/contract has a valid Business Registration Certificate on file with the Division of Revenue and Enterprise Services within the Department of the Treasury. Prior to contract award or authorization, the contractor shall provide the Contracting Agency with its proof of business registration and that of any named subcontractor(s). Subcontractors named in a bid or other proposal shall provide proof of business registration to the bidder, who in turn, shall provide it to the Contracting Agency prior to the time a contract, purchase order, or other contracting document is awarded or authorized. During the course of contract performance: (1) the contractor shall not enter into a contract with a subcontractor unless the subcontractor first provides the contractor with a valid proof of business registration. (2) the contractor shall maintain and submit to the Contracting Agency a list of subcontractors and their addresses that may be updated from time to time. (3) the contractor and any subcontractor providing goods or performing services under the contract, and each of their affiliates, shall collect and remit to the Director of the Division of Taxation in the Department of the Treasury, the use tax due pursuant to the Sales and Use Tax Act, (N.J.S.A.

54:32B-1 et seq.) on all sales of tangible personal property delivered into the State. Any questions in this regard can be directed to the Division of Taxation at (609)292-6400. Form NJ-REG can be filed online at http:// www.state.nj.us/treasury/revenue/busregcert.shtml. Before final payment is made under the contract, the contractor shall submit to the Contracting Agency a complete and accurate list of all subcontractors used and their addresses. Pursuant to N.J.S.A. 54:49-4.1, a business organization that fails to provide a copy of a business registration as required, or that provides false business registration information, shall be liable for a penalty of $25 for each day of violation, not to exceed $50,000, for each proof of business registration not properly provided under a contract with a contracting agency. Emergency Purchases or Contracts For purchases of an emergent nature, the contractor shall provide its Business Registration Certificate within two weeks from the date of purchase or execution of the contract or prior to payment for goods or services, whichever is earlier.

SECTION 2.0 SCOPE OF WORK

RFP for Master Plan Historic Preservation Element

The selected consultant shall produce a new Master Plan Historic Preservation Element for the City of Atlantic City. The City shall engage, in compliance with all applicable federal, state, and local procurement laws, the services of a New Jersey licensed planner (Planner), who has an individual that meets, or a firm with staff that meets, the Secretary of the Interior’s Professional Qualification Standards for Architectural Historian or Historic Architect (48 FR 44738-9).

Under the direction of the Planner and with active participation and assistance by the Atlantic City’s Historic Preservation Commission, Planning Board, and Planning Department, the Selected Consultant shall prepare the Master Plan Historic Preservation Element in conformance with the New Jersey Municipal Land Use Law, the New Jersey State enabling legislation for local historic preservation programs.

The Master Plan Historic Preservation Element will indicate the location and significance of historic sites and districts, identify standards used to assess worthiness for historic site or district identification, and analyze the impact of each component and element of the master plan on the impact of preservation of historic sites and districts. Furthermore, the Master Plan Historic Preservation Element will identify civic and economic benefits of the local historic preservation program, how the Selected Consultant’s design guidelines contribute to the protection and preservation of historically and architecturally significant properties (if applicable), and will identify municipal historic preservation goals, a set of preservation objectives, and an implementation agenda to achieve the goals and objectives.

The Planner will provide services to the City, culminating in the creation of a comprehensive Master Plan Historic Preservation Element. Wherever appropriate, the Planner shall use maps, charts, tables, photographs, and illustrations to convey information. The formatting of the Master Plan Historic Preservation Element shall be consistent with other municipal planning documents. A detailed timetable and methodology for completing this product, including definition of the number and type of appropriate maps and the distribution of and review of the draft plan element will be presented in a written workplan to be reviewed and approved in writing by the Historic Preservation Office prior to the commencement of any work on the plan element.

Project Coordination

• Kick-off meeting with municipality: Project Coordinator, will be responsible for administration of the grant. All invoices for services provided will be addressed to the City of Atlantic City.

• Kick-off meeting with consultant

• A minimum of 4 project status meetings with Planning staff occurring every 4-6 weeks

Work Product The Master Plan Historic Preservation Element should include the following or similar sections, not necessarily in this order:

I. Executive Summary A one to two-page summary of the document's purpose, contents, findings and recommendations.

II. Introduction The Element should not assume that the reader knows about historic preservation issues. Basic terms should be explained. The values and benefits of historic preservation should be stressed.

III. Context – Historic and Architectural Do not assume that the reader knows the local context. Give the reader a broader understanding of the value of surviving cultural resources within the community. Summarize Atlantic City’s local history and historic themes, development patterns, and architectural patterns. For additional information and details include cultural resource survey forms as well as copies of New Jersey and National Register nominations as appendices.

IV. Inventory Describe what an inventory is; describe which properties currently have inventory forms, which inventory forms need to be updated, and which properties should be documented on inventory forms; recommend a realistic and efficient strategy for developing a broad understanding of the municipality’s historic resources by neighborhood.

Cite existing sources of information about historic resources in the community. These may include, but should not be limited to:

• Municipal cultural resource surveys

• County cultural resource surveys

• State Historic Preservation Office (SHPO) files

• New Jersey and National Register nominations

• Collections of the Historic American Buildings Survey (HABS), the Historic American Engineering Record (HAER), and the Historic American Landscape Survey (HALS)

• Files and collections of local historical societies

V. Significance

Not all old buildings are significant. Explain why properties are “historic.” What are the evaluation criteria? The National Parks Service has promulgated the National Register Criteria for Evaluation https://www.nps.gov/nr/publications/bulletins/nrb15/. How old do they need to be? The National

Register Program imposes additional hurdles for properties less than 50 years of age. What level of significance must they have – local, state, or national? What does significance mean? Include what is currently listed on the National and State Registers of Historic Places and what may be eligible for listing; explain investment tax credits and applicable grant programs.

VI. Public Policy Review Review the Master Plan’s impact on historic resources. Briefly describe the municipality’s other planning documents and summarize their discussion, if any, of historic preservation. Review the existing municipal regulations that impact historic preservation, including but not limited to, zoning, local historic districts, demolition delay, minimum maintenance regulations, subdivision regulations, signage regulations, and site plan review; recommend changes to existing regulations or additional bylaws that could help to promote the preservation, adaptive reuse, and sensitive rehabilitation of historic resources.

Include a list of all historic municipally- owned properties such as school buildings, libraries, or parks; assess their historic significance and architectural quality; describe current management practices and whether changes should be made to better protect these resources; investigate future capital improvement projects such as transportation projects, new municipal buildings, and sewer line extensions for their impact on historic resources.

Discuss the role of the Historic Preservation Commission; summarize and quantify the municipality’ s historic preservation efforts to date, including but not limited to local historic districts, easements, and National Register properties; describe the historic resources the municipality has lost, historic resources the municipality still has, and historic resources that are at risk; describe how the municipality can better protect its historic resources. Compare the local government’s historic preservation policies to county and state historic preservation policies.

VII. Integrity & Existing Conditions/Issues Integrity represents the authenticity of a property’s historic identity. It enables a property to illustrate significant aspects of its past. It is the survival of the physical characteristics that existed during the temporal period during which the property achieved its significance. The National Register Program describes it as composed on the following seven qualities: location, design, setting, materials, workmanship, feeling and association.

Identify existing conditions and issues. Equally identify what is going right (“successes”) and what is going wrong (“threats”). What are the current and projected future demographic and market forces at work in the community? Are household size and housing expectations changing? Are teardowns an issue in your community? Is demolition by neglect a significant issue? An explanation of private sector threats to the above identified historic resources that may warrant public sector actions including, but not limited to, trends in deferred maintenance, abandonment, change of use and increased permitting for building demolitions, alterations, and additions.

Analyses of the potential direct and indirect threats that current local public sector (municipal, county, state, and federal) policies have on the municipality’s historic resources, including those policies and plans in the municipality’s land use plan and land development ordinances, redevelopment plans, circulation and utility plans, open space conservation and farmland preservation plans, and other elements of the municipal master plan.

VIII. Local Historic Preservation Goal and Objectives Investigate how Atlantic City’s residents feel about the municipality’s historic resources. For example, do they appreciate the existing historic properties? Are there historic resources that are not well-protected, do residents understand how vulnerable they are to loss? Do they understand what can happen to the municipality’s historic resources under current zoning? An explanation of the community values that historic preservation may bring to a municipality, which values should inform the development of the municipality’s historic preservation goal and objectives.

What does the community want? There should be just one goal. An example might be: To protect, enhance and, rehabilitate historic resources by identifying, evaluating, and designating significant places and ensuring that new growth and development is compatible with the municipality’s historic and cultural values.

But there may be reasons that goal is desirable – these are objectives. Some will be tangible, some intangible. They may include education, pleasure, fostering pride, community revitalization, beauty, reduction of carbon footprint, or discouraging unnecessary demolition.

IX. Evaluation of Public Policy Choices A review of alternative public policy measures the municipality should consider to address private and public sector threats, including, but not limited to, designation as a local historic site or district, amendment of an existing historic district, amendment of the existing historic preservation ordinance or ordinance guidelines, and amendment of the municipal land use plan and ordinance, redevelopment plan(s) and other elements of the municipal master plan.

Include an evaluation of public policy choices, including, but not limited to:

• Complete an architectural survey. Consider conforming to the NJ Guidelines for Architectural Survey http://www.state.nj.us/dep/hpo/1identify/survarcht.htm

• Educate residents and business owners about historic preservation

• Consider variances that support historic preservation

• Consider establishing historic preservation overlays in the municipality’s zoning

• Complete preservation plans for municipally owned historic properties

• Comply with the requirements of the New Jersey Register of Historic Places Act http://www.state.nj.us/dep/hpo/2protection/njsa13.htm

• Promotion of the NJ Rehabilitation Subcode http://www.state.nj.us/dca/divisions/codes/offices/reh ab.html

• Establish an awards program recognizing local historic preservation achievements

• Provide constituents with technical assistance resources

X. Action Plan/Agenda

Recommended municipal private and public sector historic preservation strategies included in an implementation agenda. Outline a realistic year-by-year schedule for implementing all of the above recommendations, including the name of the organization or board responsible for implementation;

could include ongoing and long-term goals.

This should be:

• Relatively easy to understand

• Relatively low/moderate in cost

• Accomplish multiple objectives

• Have a short turnaround time

• Be legally and politically viable

• Be publicly supportable/favorable

Recommend organizing the Action Plan/Agenda by:

• Resource Commitments (time, labor, money)

• Scheduling (short, medium, long-term)

• Responsible parties/Stakeholders (government offices or agencies, institutions, private sector)

XI. Suggested Appendices

• Copies of Completed Inventory/Survey forms

• Copies of New Jersey/National Register nominations

• The Secretary of the Interior’s Standards for Rehabilitation http://www.cr.nps.gov/tps/standards/four- treatments/treatment-rehabilitation.htm

• NJ Office of State Planning Memo on Historic Preservation http://www.nj.gov/dep/hpo/hpo_article.pdf

• A Five Minute Look at the New Jersey Register of Historic Places Act http://www.state.nj.us/dep/hpo/2protection/sr_5minlook_ b.pdf

• NJ Municipal Land Use Law, Historic Preservation Related Sections https://www.state.nj.us/dep/hpo/3preserve/mlul_02_2017.pdf

• NJ Certified Local Government Program Guidelines http://www.nj.gov/dep/hpo/3preserve/clgguides8_07.pdf

Public Participation Public participation and involvement in the development and review of the Master Plan Historic Preservation Element and discussion of the relationship of historic preservation to community development, redevelopment, and conservation will be an important component of this project.

Selected Consultant shall ensure public participation, including, but not limited to, activities such as public meetings, public review of draft documents, and public outreach through community forums.

Public participation will be actively sought to assist in the evaluation of the public benefits to be attained through the preparation of the Master Plan Historic Preservation element.

At least three (3) non-statutorily mandated public meetings to inform the public of the project, solicit public comments, provide for public review of draft and final products. All public meetings must be advertised and held in compliance with the New Jersey “Open Public Meetings Act.” This public participation will involve the Planning Board and Historic Preservation Commission together with open forums involving residents, property owners, and interested persons to comment on planning proposals during key points in the process.

Deliverables

Workplan A detailed timetable and methodology for completing this product, including definition of the number and type of appropriate maps and the distribution of and review of the draft plan element will be presented in a written workplan to be reviewed and approved in writing by the Historic Preservation Office prior to the commencement of any work on the plan element. Submission will be made electronically in a Word or PDF format.

First Draft Selected Consultant shall submit a draft of the Master Plan Historic Preservation Element to the City for review and comment in accordance with the project schedule below. This draft shall contain 50% of the minimum required contents of the Master Plan Historic Preservation Element as defined in the outline above.

Second Draft Selected Consultant shall submit a second draft of the Master Plan Historic Preservation Element for review and comment in accordance with the project schedule below. This draft shall contain 75% of the minimum required contents of the Master Plan Historic Preservation Element as defined in the outline above.

Final Draft Selected Consultant shall submit a final draft of the Master Plan Historic Preservation Element for review and comment in accordance with the project schedule below. This draft shall contain 100% of the minimum required contents of the Master Plan Historic Preservation Element as defined in the outline above. The City must review and approve a draft version of the document before the final publication copies are printed. The draft shall be submitted to the City in full color, digital PDF format. The public will also be afforded the opportunity to review and comment on the draft document. The consultant will address review comments in the final draft.

Final Product The completed Master Plan Historic Preservation Element will be a typewritten (12-point font) document of at least twenty-five (25) pages of text accompanied by maps and at least one photograph of each identified individually listed or eligible historic resources and each listed or eligible “contributing” historic resource in an identified district. The Selected Consultant shall produce the maps for the plan element utilizing Geographic Information System (GIS) maps to delineate any existing and proposed historic districts and historic preservation overlay zones.

Two (2) unbound full color paper copies of the plan element will be prepared, one for the City and one for the New Jersey Historic Preservation Office. At least fifty (50) paper color copies of the final plan element will be reproduced for public distribution. In addition, one electronic copy (Adobe Acrobat PDF or comparable format) of the element each shall be submitted to the Selected Consultant and the Office and shall be made available for publication on the Selected Consultant’s website. Plan element preparation will include at least one (1) public hearing before the Planning Board as required by New Jersey statutes.

Final products will include the following:

• Photographs categorized by data with location identified submitted as JPEG files to the Selected Consultant and the City. Photographs shall be submitted as color digital images in JPEG format with a minimum pixel array of 1200 by 1800 (approximately 4” by 6” at 300dpi).

• Master Plan Historic Preservation Element - bound 8 ½ by 11 (25 pages); 50 copies to Selected Consultant, 1 copy to the City)

• Original Master Plan Historic Preservation Element - unbound 8 ½ by 11 for inclusion in Township Master Plan (25 pages); 2 copies (l copy to Selected Consultant, 1 copy to the City)

• Mapping to be provided by Township Planning Department (6 maps); 50 copies to Selected Consultant, 1 copy to the City)

• Electronic copy of all of the above in Adobe Acrobat (pdf) or comparable format (l copy to Selected Consultant, 1 copy to the City)

Schedule

DATE TBD: Grant agreement will be fully executed in SAGE by all parties involved.

DATE TBD: Selected Consultant shall send out a Request for Proposals (RFP) to solicit from qualified consultants. HPO must review and approve the RFP prior to the Selected Consultant entering into a contract.

DATE TBD: Selected Consultant shall award a contract to a qualified professional or firm to perform the work detailed in the scope of services and shall submit the subcontractor certification form (Attachment F) to the HPO.

DATE TBD: Selected Consultant shall submit to the City a draft work plan and methodology to include the following:

a) process and methods for fulfilling the goals and objectives of the project

b) detailed timetable and methodology for completing the Master Plan Historic Preservation Element, including the definition of map requirements (the number, type, dimensions, and format of all maps);

c) process of distribution and public review of the draft plan element and redevelopment strategies maps and text;

d) number, format, and estimated schedule of all public meetings and the public hearings required by New Jersey statutes regarding plan element review and adoption.

DATE TBD: Selected Consultant shall submit a first draft product containing 50% of the minimum required contents of the Master Plan Historic Preservation Element as defined in the outline above.

Date TBD- Selected Consultant shall submit a second draft product containing 75% of the minimum required contents of the Master Plan Historic Preservation Element as defined in the outline above.

Date TBD - Selected Consultant shall submit a complete draft product containing 100% of the minimum required contents of the Master Plan Historic Preservation Element as defined in the outline above to the HPO no later than September 1, 2027.

9/30/27: All reimbursable project-related work must be completed.

10/15/27: Selected Consultant shall submit all final project deliverables.

11/15/27: Selected Consultant shall submit financial report in SAGE.

Professional Qualification Standards https://www.doi.gov/pam/asset-management/historic-preservation/pqs

HISTORIC PRESERVATION PROFESSIONAL QUALIFICATIONS

In the following definitions, a year of full-time professional experience need not consist of a continuous year of full-time work but may be made up of discontinuous periods of full-time or part-time work adding up to the equivalent of a year of full-time experience.

History: The minimum professional qualifications in history are a graduate degree in history or closely related field; or a bachelor’s degree in history or closely related field plus one of the following:

• at least two years of full-time experience in research, writing, teaching, interpretation or other demonstrable professional activity with an academic institution, historical organization or agency, museum or other professional institution; or

• substantial contribution through research and publication to the body of scholarly knowledge in the field of history.

Archaeology: The minimum professional qualifications in archaeology are a graduate degree in archaeology, anthropology, or closely related field plus:

• at least one year of full-time professional experience or equivalent specialized training in archaeological research, administration or management;

• at least four months of supervised field and analytic experience in general North American archaeology; and

• demonstrated ability to carry research to completion.

In addition, a professional in prehistoric archaeology shall have at least one year of full-time professional experience at a supervisory level in the study of archaeological resources of the prehistoric period. A professional in historic archaeology shall have at least one year of full- time professional experience at a supervisory level in the study of archaeological resources of the historic period.

Architectural History: The minimum professional qualifications in architectural history are a graduate degree in architectural history, art history, historic preservation, or closely related field, with coursework in American architectural history; or a bachelor’s degree in architectural history, art history, historic preservation, or closely related field, plus one of the following:

• at least two years of full-time experience in research, writing, or teaching in American architectural history or restoration architecture with an academic institution, historical organization or agency, museum, or other professional institution; or

• substantial contribution through research and publication to the body of scholarly knowledge in the field of American architectural history.

Architecture: The minimum professional qualifications in architecture are a professional degree in architecture plus at least two years of full-time professional experience in architecture; or a license to practice architecture.

Historic Architecture: The minimum professional qualifications in historic architecture are a professional degree in architecture or state license to practice architecture, plus one of the following:

• at least one year of graduate study in architectural preservation, American architectural history, preservation planning, or closely related field; or

• at least one year of full-time professional experience on historic preservation projects. (Such graduate study or experience shall include detailed investigations of historic structures, preparation of historic structures research reports, and preparation of plans and specifications for preservation projects.)

SECTON 3: REQUIRED SUBMITTALS

All proposals shall include at a minimum the following information:

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

2) 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;

3) Experience statement with similar projects.

4) 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;

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

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

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

8) 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;

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.

CORPORATE/PARTNERSHIP DISCLOSURE STATEMENT

All proposers shall read and complete the Statement of Ownership Disclosure, where applicable, on the following page, regardless of whether such proposer 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 proposer is a partnership, the names and addresses of all partners who own a 10% or greater interest in the partnership.

(2) If the proposer 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 proposer 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 proposer; (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

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: ________________________________________________

Telephone No & Area Code: __________________________________

Fax No & Area Code: _______________________________________

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

State under whose laws incorporated: ____________________________

Location of principal office: ____________________________________

Telephone No & Area Code: __________________________________

Fax No & Area Code: _______________________________________

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.

BUSINESS ENTITY INFORMATION SHEET

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 proposer making the Proposal for the herein project, and that I executed the said Proposal with full authority to do so, that said proposer 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, 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 ___________

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.