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REQUEST FOR PROPOSALS

TO ESTABLISH A POOL OF

PROFESSIONAL ENGINEERING CONSULTANTS

ON AN AS NEEDED BASIS FOR ATLANTIC COUNTY

GENERAL INFORMATION

SECTION 3. SCOPE OF WORK

The following is a list of the professional and administrative services the Consultant may be required to provide for a project specific RFP. Additional and/or other tasks may also be required.

3.1. Services:

A. Investigate, evaluate, and/or perform existing conditions survey for roofs, parking lots, ADA compliance, structural integrity, electrical equipment & systems, mechanical equipment & systems, plumbing equipment & systems, indoor air quality, environmental/hazardous materials evaluation/remediation, acoustic evaluations/sound dampening, geotechnical, site security, change of use, program planning, etc.

B. Determine testing requirements including type of test(s), quantity, location, etc., and recommend action based upon results.

C. Develop project specific construction scope of work (SOW).

D. Identify any and all utility coordination, upgrades, relocations, etc., and meet with appropriate entities during design and construction to identify and address any potential issues.

E. Identify any/all Building Management System (BMS) that may be impacted by any construction project scope of work. Confirm the identity of the County BMS vendor and/or equipment. Consult with same so all pertinent information is included in design and construction bid documents for seamless operation/renovation/expansion/operation of the system.

F. Produce schematics for alternate designs and ballpark construction estimates.

G. Design and produce scale drawings.

H. Develop technical specifications, including Division 1 Sections (i.e., project manual).

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I. Develop construction bid Proposal Form including Unit Pricing, Add/Deduct Alternates, project specific Allowances (third party testing, concealed/unknown conditions, material and/or quantity allowances, etc.) with dollar values as needed.

J. Determine cost estimates, ranging from ballpark “guesstimates” to detailed line-item matrixes of preliminary, progress and final budgets.

K. Research and apply for grants for project funding and/or reimbursement.

L. Evaluate project SOW and develop cost efficient phasing of construction including critical milestones. Include any on-going use of facility/construction area including any scheduled special events, etc.

M. Determine if premium time, expedited shipping costs, material, labor or other cost increases/escalations will be required to meet schedule requirements and include in budget development.

N. Identify permit requirements, prepare applications and obtain approvals (i.e., local, state, CAFRA, Pinelands, NJDEP, SHPO, including sidewalk closings, road openings, road closures, traffic detours, etc.);

O. Participate in project presentations, public hearings, and meetings with County staff, users, permitting agencies (federal, state and/or local), public, etc., either in person or via digital/web-based means as requested. These may require color schematics and elevation drawings for exhibits.

P. Prepare public bid documents, including signed & sealed scale drawings and technical specifications, exhibits, attachments, etc. This may also include working with the County in reviewing and editing the County’s General Conditions (aka “front end”) document.

Q. Identify any and all warranties and/or bonds that should be included in construction bid documents in the best interest of the County, including extended warranties, maintenance and emergency services, etc.

R. Coordinate and collaborate with local utility companies, authorities and agencies during design and construction.

S. Participate in pre-bid site conference and/or tour.

T. Prepare any bid clarifications and/or addendums.

U. Review of bids received and providing award recommendation.

V. Review and redesign of bid documents for one re-bid.

W. Scheduling & participating in pre-construction, progress, and any other additional site meetings and/or inspections required for project construction schedule and milestone compliance.

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X. Provide Construction Management and/or Commission Agent services.

Y. Prepare and distribute agendas and meeting minutes.

Z. Review and approve all submittals, shop drawings, coordination schedules, project schedules, progress inspections, etc., and other documentation required by the project manual.

Aa. Review and approve all payment applications.

Bb. Review and approve all Requests Against Allowances and/or Change Orders.

Cc. Issue Substantial Completion and Final Acceptance documents.

Dd. Develop and issue original Punchlist at Substantial Completion(s). Re- inspect and update as needed for final closeout. Include cost estimates when requested for missing, incomplete and/or unacceptable work.

Ee. Review and approve attic stock inventory and delivery of same.

Ff. Prepare draft list of closeout documents for contractor based on bid document requirements, documents, revise as needed.

Gg. Review and approve all Closeout documents including all manufacturer’s warranties for notable and specialized installed equipment and materials, and all Warranty Certificates; and

Hh.. Any other professional services deemed necessary by the County.

3.2. Project Specific Proposal:

When the County requires the need for professional services, it will issue a project specific RFP to selected members of the A & E Pool whose disciplines fit the project.

Each project specific RFP issued under this A & E Pool will hold the Consultant selected subject to all of the terms, conditions and requirements of this A & E Pool RFP, forms, insurance, sample contract, etc., included herein.

The Consultants will be asked to submit a “not-to-exceed” total price proposal based on the scope of work identified in the project specific RFP to provide the basic deliverables described above or as appropriate. The Consultant shall use the hourly rates with staff titles that were included as part of their proposal form submitted to the A & E Pool RFP.

The not-to-exceed fee shall be further broken down as to investigation; reporting;

design; cost estimating, bidding, award; and construction administration, etc. or as described in the project specific RFP’s proposal form.

The Consultant’s Not to Exceed amount shall be all inclusive of all services, materials, supplies and equipment necessary to perform the duties assigned by the project specific proposal to the Consultant.

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Each project specific proposal shall identify any subcontractors and/or sub-consultants anticipated to be used and shall specify the rates at which their services are proposed to be reimbursed. Each such proposal shall also identify and specify a time-and-material price for any other cost or service which is not otherwise addressed in this RFP, as appropriate.

Necessarily, such a proposal will involve an estimate of the maximum number of hours that each individual on the designated team may take to accomplish the task. However, actual billing will be based on hours actually used, and therefore may turn out to be less than, but not more than, the proposed amount for any given project.

3.3. Project Specific Proposal – Selection Criteria:

Each Consultant who successfully submits all information required by this RFP shall be included in the 2026 to 2027 A&E Pool. When the County requires project specific services, Consultants will be requested to submit a proposal. The County will consider the criteria listed below when selecting the most highly qualified Consultants to submit a project specific proposal.

A. Experience & Qualifications:

The experience and qualifications of the Consultant and any of its subcontractors and/or sub-consultants in providing similar services in Atlantic County or to other County Public entities. Experience in successfully completely projects of a similar scope and size.

B. Past Performance:

The past performance of the respondent and any of its subcontractors and/or sub-consultants, especially on County projects. Consideration will be given to past responsiveness to County inquiries, adherence to schedules, timeliness of deliverables, etc.

C. Availability:

Availability and ability to meet deadlines, especially for any project that could impact the health and/or safety of the public and/or County employees, addresses ADA compliance, prevents further damage/deterioration to a facility, etc.

D. Cost:

Consultant’s hourly rates as submitted under the A & E Pool RFP.

3.4. Additional Work:

Should the Consultant be requested by the County to provide additional services not included in the original project specific RFP contract proposal, the Consultant shall provide an Additional Services proposal. This proposal shall be a written cost proposal with a description of the additional work and a breakdown of the additional cost using their A & E Pool RFP hourly rates with staff titles that were submitted as part of their

I-5 response to this RFP. They shall also identify any additional time and/or impact to the project schedule this additional work will have.

For proposals that include tasks wherein the A & E Pool RFP hourly rates will not apply, a detailed explanation of costs will be required with documentation back-up (i.e. quotes, invoices, etc.). Examples are investigations and/or tests requiring the use of heavy and/or leased equipment such as geotechnical investigations, water tests, etc. These proposals will be based on hourly rates for the personnel and equipment used (leased or fair rental value of owned equipment used), at no markup.

The Consultant must receive prior written approval from the County before initiating any Additional Services work. In addition, a contract amendment will be issued by the County.

3.5. Deliverables:

The Consultant should anticipate providing deliverables in both hardcopy and electronic formats such as paper, CD, flash drive, etc. Electronic deliverables may be required in several formats, i.e. Adobe (pdf), Word, Excel, CAD, etc. Generally, most deliverables will be required in both hardcopy and electronic versions and may include reports, presentations, sketches, elevations, drawings, technical specifications, evaluations, meeting minutes, acceptance/completion documents, punchlists, etc.

For progress, draft and review documents, the Consultant should expect to provide a minimum of one hardcopy and one electronic version. For final documents, the Consultant should expect to provide a minimum three (3) sets of hardcopies and three electronic versions in requested format (CAD, pdf, Word, etc.) on CD and/or flash drive.

This includes signed and sealed bid drawings and technical specifications. Additional copies may be requested and will be identified in the project specific RFP.

All deliverables including progress and/or draft items, will be the exclusive property of the County.

A. Computer Software Compatibility:

All CADD and computer-generated output and documents produced under any contract issued under this A & E Pool RFP shall be compatible with the County’s

Software Name Version/Release

Adobe Acrobat (pdf) X

AutoDesk AutoCAD 2015

Microsoft Office 2010

Microsoft Word 2010

Microsoft Excel 2010

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Microsoft PowerPoint 2010

3.6. Schedule:

The project specific schedule shall start when the County executes the project specific contract and issues a Notice to Proceed to the Consultant. The Consultant shall begin work by attending the project’s startup conference with the County, usually within seven

(7) consecutive calendar days of contract execution.

Within fourteen (14) consecutive calendar days after the County issues a Notice to Proceed, the Consultant shall confirm its proposed project specific schedule and scoping which identifies permit and site and/or other issues to the County for County acceptance or modification.

The Consultant will be required to meet calendar milestones as identified in the project specific RFP or as agreed to at the project’s startup conference. The Consultant is responsible for the professional quality, technical accuracy, and timely completion and delivery of all deliverables and services provided by the Consultant and its subcontractors and sub-consultants.

Time shall be of the Essence for the Consultant’s performance of tasks.

Failure to provide the contracted services within in the scheduled timeline, including meeting calendar milestones, shall constitute a breach of contract entitling the County to proceed with all available legal remedies at its disposal, including terminating the contract for non-performance. See County standard contract attached as Exhibit CT for additional information.

3.7. Coordination:

The Consultant will designate one qualified licensed staff member as point person for each specific project. This person will coordinate all work of all professionals, sub-consultants and/or sub-contractors of the project as required to provide efficient and timely communications between the County, Consultant, and project construction contractor. No change in the designation of the point person will be acceptable without prior written approval of the County.

3.8. Knowledge of Conditions:

By submitting a proposal for this A & E Pool RFP, the Consultant represents that it has satisfied itself from its own investigation of all of the requirements necessary to perform the services contemplated by this RFP.

The Consultant further warrants that it is knowledgeable with respect to general locations and existing conditions of broadly applicable environmental and other general land use laws, code requirements and conditions within Atlantic County and has taken the same into account when submitting its proposal.

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When a project specific RFP is issued to firms included in the A & E Pool and a pre-proposal site conference/tour is included, it is the responsibility of the Consultant to attend for general location and existing conditions knowledge so that same can be taken into account when submitting a project specific proposal.

3.9. Review and Editing of County Construction Bid Documents:

When a project specific proposal RFP results in the preparation of public bid construction documents, the Consultant may be requested to review and edit the portion of the County’s construction bid document(s) identified as General Conditions (aka “Front End”). In certain project specific RFP’s resulting in a construction public bid, the Consultant may be required to include all pertinent Division 1 Technical Specifications information in this General Conditions document instead of the industry standard project manual normally prepared by Consultants.

SECTION 4. CONSULTANT REQUIREMENTS

All Consultant proposals must be able to provide and/or certify compliance with the following requirements. Information as to the exact documentation required to be submitted with the Consultant’s proposal for this A & E Pool RFP and which items are required upon execution of a project specific contract are identified under Proposal Format (Section 6) and Proposal Documents (Section 7).

4.1. Compliance with Laws and Standards:

The Consultant is responsible for assuring that it and its employees and agents comply with applicable federal, state, and local laws, statues, regulations, codes, and standards, and current generally accepted standards and practices in its in its profession.

By submitting its proposal, the Consultant warrants and represents that it understands the rules and laws generally applicable to its services and shall assure that all such services provide to the County meet or exceed the laws, rules ordinances that govern its services.

4.2 Compliance with Local, State and/or Federal Requirements:

All Consultant proposals must comply with the provisions mandated by applicable

Federal Law and New Jersey Statues. Any provision in this RFP which may conflict with any New Jersey statute are amended to conform to the minimum requirement of such statute.

Project specific RFP’s issued under this A & E Pool may involve funds provided by Local, State or Federal agencies that may require adherence to certain rules and

I-8 regulations. Such funding sources will be noted in project specific RFP’s, and the Consultant shall provide services as required to meet such Local, State or Federal funding requirements.

4.3. New Jersey Business Registration Certificate:

Section 1 of P.L. 2001, c. 134 is amended to read as follows:

An act concerning business registration for providers of goods and services to the State, State colleges and universities, county colleges, local contracting units, boards of educations, water and wastewater contractors and casinos, supplementing Title 54 of the revised Statues and amending P.L. 1977, c.110.

All non-governmental entities should submit a copy of their NJ Business Registration or 501 (c) designation with their proposal.

No project specific contract shall be executed with a Consultant under this A & E Pool without the Consultant providing a copy of its New Jersey business registration OR a copy of their 501 (c) designation.

4.4. Affirmative Action:

The Consultant will be required to comply with the requirements of PL 1975, C.127 (NJAC: 17:27). See Exhibits AA1-2 and AAI.

One of the following items must be submitted with each proposal:

A. A copy of the Consultant’s Federal Affirmative Action plan approval letter from the office of Federal Contract Compliance Programs.

B. A copy of the Consultant’s certificate of employee information report.

C. Consultant’s initial Affirmative Action Employee Information report (Form AA302).

4.5. State of New Jersey Anti-Discrimination Requirements:

Any and all contracts issued as a result of this RFP will contain the anti-discrimination provisions required by N.J.S.A. 10:2-1. The Consultant, and all sub-consultants and/or sub-contractors, will be subject to those provisions and all applicable related regulations.

These contracts, including all subcontracts, will be subject to the Law Against Discrimination (N.J.S.A. 10:5-1 et.seg.), including as it pertains to public contracts (see

N.J.S.A. 10:5-32 et.seg.). Proposers are required to comply with the requirements of P.L. 1975, c. 127 (N.J.S.A. 10:5-31 et.seg.).

These contracts, including all subcontracts, will contain the affirmative action provisions shown in Exhibits AA1-2 & AAI of this RFP.

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4.6. Disclosure of Iran Activities:

Pursuant to N.J.S.A. 52, 32-55, et seq., any person or entity that submits a bid or proposal or otherwise proposes to enter into or renew a contract must complete a certification with their bid, in the form provided (Exhibit DS-1), to attest, under penalty of perjury, that neither he person or entity, nor any of its parents, subsidiaries, or affiliates, is identified on the Department of Treasury’s Chapter 25 list as a person or entity engaging in investment activities in Iran. The Chapter 25 list is found on the Division of Purchase and Property’s website at www.state.nj.us/treasury/purchase/pdf/Chapter25List.pdf

4.7. Certification of Non-Debarment:

Pursuant to Public Law 2019, c.406 (codified at N.J.S.A. 52:32-44.1), the Consultant shall complete Exhibit CND “Certificate of Non-Debarment” which certifies they are not debarred at the federal level from contracting with the federal government; and none of the parent entities, subsidiaries, or affiliates owning 50% or more the proposer firm are debated at the federal level.

The Consultant will be under a continuing obligation from the date of the certification through the completion of any project specific contract(s) executed with the County to notify the County in writing of any changes to this information.

4.8. Taxpayer ID Number:

The Consultant shall be required to complete and submit IRS Form W-9, request for taxpayer identification number and certification to the County’s purchasing department.

Failure by the Consultant to meet this requirement shall result in the County withholding such funds that may otherwise become due as required by IRS regulation.

4.9. Recycling:

The Consultant awarded a contract under this A & E Pool shall comply with the requirements of the Atlantic County Solid Waste Management Plan and Recycling Plan, adopted in accordance with N.J.S.A. 13:1E-1, et seq., and Atlantic County Ordinances

#10 of 2009 and # 9 of 2014.

The said plans and ordinances specify requirements concerning disposal of solid wastes, along with materials that are identified as either mandatory recyclables or recommended to be recycled.

A. Glass Food & Beverage containers: Clear, Amber, Green

B. Newspapers

C. Aluminum Beverage Cans

D. Office Paper (White, Non-Colored)

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E. Computer Paper

Additional information regarding compliance with Atlantic County’s solid waste and recycling plan requirements is available by contacting the Atlantic County Utilities Authority, Attn: Solid Waste Director, PO Box 996, Pleasantville, NJ 08232-0996. Phone 609-272-6913. Fax 609-272-6941. Web www.ACUA.com.

4.10. Compliance with Changed Conditions Law:

On January 15, 2018, S-3409 became effective in New Jersey. This new law established standardized “changed condition” requirements which must be included in all public construction contracts. The law addresses four types of changed conditions provisions – “differing site conditions”; “suspension of work”; “character of work”; and “change in quantity”.

The law authorizes contractors to pursue claims for “changed conditions” and imposes various duties on public agencies. These duties include, but are not limited to a duty to respond to potential changed conditions claims in a very timely manner and to make payments that are “fair” and “equitable” to address impacts of any changed condition claim that is covered by the new law.

Since this new law will govern County construction contracts, the County will require Consultants to be familiar with the law and ensure that its requirements are addressed when projects are developed and implemented. The County will expect consultants to develop projects that address and minimize impacts of potential changed condition claims. As projects proceed, Consultants selected for design, inspection, project management services, or other services that could be impacted by this law, will be required to assist the County’s performance of the duties required by the Changed Conditions law.

4.11. Mediation Process:

In accordance with the provisions of N.J.S.A. 40A:11-50, any dispute regarding payment or performance of services arising from a contract related to construction of public improvements, including Consultant contracts, shall be subject to non-binding mediation, prior to being submitted to a court for adjudication. Nothing in this section shall prevent the County from seeking injunctive or declaratory relief in court at any time when such an application for such relief is authorized by law. The mediation process required by this section shall not apply to disputes concerning the bid solicitation or award process or to the formation of contracts or subcontracts entered into pursuant to P.L.1971, c.198 (C.40A:11-1 et seq.).

The County’s mediation process for ALL contracts, including any contracts awarded to Consultants under this A & E Pool RFP are as follows:

A. Either party to this contract may demand that a dispute concerning whether a party has failed to make payments pursuant to the provisions of N.J.S.A. 2A:30A-1 et. seq., or perform Work required hereunder be submitted to non- binding mediation.

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B. If mediation is demanded, it shall be demanded consistent with the County’s provisions concerning Alternative Dispute Resolution for contracts to which N.J.S.A.

40A:11-50 is applicable. Those provisions are set forth below.

C. Alternative Dispute Resolution shall not be available with regard to disputes concerning the bid solicitation or award process or the formation of contracts or subcontracts entered into pursuant to the New Jersey Local Public Contracts Law. In addition, Alternative Dispute Resolution shall not prevent either party from pursuing any other remedy, including but not limited to injunctive relief or an action for specific performance, in the event that emergent circumstances exist or when necessary to protect the health, safety or welfare of the public.

D. The County’s Alternative Dispute Resolution procedure is as follows:

1. Controversies and Claims Subject to Mediation:

Except as specified above, if a dispute between County and Consultant arises during the course of a contract, the parties will make a good faith effort to resolve the dispute through non-binding mediation prior to resorting to litigation.

2. Contract Performance Pending Mediation:

During mediation proceedings, Consultant shall continue to perform, and County shall continue to make payments pursuant to the terms of the contract.

3. When Mediation May be Demanded:

Prior to either party demanding mediation, the aggrieved party shall attempt to resolve the problem directly with the other party.

4. In the event that the parties are unable to directly resolve a problem within ten (10) days of the first notice of the dispute, the aggrieved party shall promptly submit a written notice of dispute to the other party. The other party shall respond in writing.

5. Demand for mediation of any claim shall not be made until the earlier of the following:

(i) Five (5) business days after the other party has provided its written response to the aggrieved party’s notice of dispute.

(ii) Thirty (30) days have passed after submission of the original, written claim by the aggrieved party and the other party has not responded.

(iii) If the written response from the other party does not resolve the dispute, the aggrieved party shall have thirty (30) days from the delivery of the other party’s response to file a demand for mediation. If the aggrieved party fails to do so, it shall be deemed to have waived its right pursuant to this contract to demand Alternative Dispute Resolution.

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(iv) A party who files a “Notice of Demand for Mediation” must assert in the demand all claims then known to that party for which mediation may be demanded. If a party fails to include a claim because of excusable neglect, or when a claim has matured or been acquired subsequently, the mediator or mediators may permit amendments.

6. Procedure to Request Mediation:

Either party may demand mediation by written notice to the other party. The written notice shall contain at minimum: 1) a brief statement of the nature of the dispute, and 2) the name, address, and the phone number of that party’s designated representative for purposes of mediation.

The other party shall designate its representative for mediation in writing no later than five (5) business days after receipt of the demand for mediation. The respective designees shall thereupon promptly, and with due regard for the need for timely action, choose a mediator. If the parties cannot agree on a mediator, they shall choose a reputable mediation firm.

7. Procedures at Mediation:

The mediation shall be conducted in such reasonable and efficient manner as may be agreed between the parties and the mediator or, if the parties cannot agree, as may be determined by the mediator.

8. Rules of Evidence:

The parties will not be bound by the Rules of Evidence in presenting their positions before the mediator.

9. Cost of Mediation:

Each party will bear its own cost of participation in the mediation. The mediator’s fee will be divided equally between the parties.

10. Failure of Mediation:

If a good faith effort to resolve the dispute through mediation is unsuccessful within sixty

(60) days after the initial request for mediation, then either party may terminate the mediation by written notice to the mediator and to the other party. Thereafter, either party may submit the dispute to the Superior court of New Jersey, Atlantic County, for adjudication, which court shall have exclusive original jurisdiction over the dispute.

4.12. Certification and License:

The Consultant and its sub-consultants and its sub-contractors assigned through contract award to a project specific RFP shall possess and maintain all certifications, I-13 licenses and other qualifications required. All licenses shall be current and in good standing and shall not be subject to any current action to revoke or suspend.

Consultants participating in this A & E Pool and/or awarded a contract under a project specific RFP shall notify the County immediately in the event of suspension, revocation, or any change in status (or in the event of initiation of any action in status) of license or certification held by the Consultant or its agents and/or subcontractors. The Consultant shall, during the term of the A & E Pool and/or awarded project specific contract, provide the County with proof of renewal of any license for any of the Consultants employees, sub-consultants, subcontractors which renewals occur during the term of the contract.

4.13. Indemnification & Direct Liability:

The Consultant shall indemnify, defend and hold harmless the County, its employees, offices and agents from and against all claims, demands, suits, actions, recoveries, damages, losses, judgments, costs and expenses of every nature and description brought or recovered against the Consultant by reason of any act or omission of the Consultant, its agents or employees in the delivery of goods or services in the execution of work required by this A & E Pool RFP.

The Consultant shall be liable to the County, its employees, officers and agents for any actual or consequential losses, and any injury including bodily injury, death, damages to or destruction of physical property, resulting, in whole or in part, from any negligent acts, errors or omissions or breach of contract by the Consultant in the performance of its services hereunder, or that of any third party retained by the Consultant. Should the consultant breach the contract, the County will proceed with all available legal remedies at its disposal.

The County shall not be deemed to have waived any warranty, express or implied, except as may be specifically expressly stated in a writing executed by an authorized officer of the County. Further, nothing in the contract documents shall be construed to be a waiver by the County of any remedy that may be available to the County under the contract at law, or in equity.

No action or omission by the County, including but not limited to inspections, consultations or payments made by the County, shall be construed to be a waiver by the County of any of the Consultant’s duties arising from or connected with any contract issued as a result of this A & E Pool RFP, or of any warranty by the Consultant, express or implied, or a waiver by the County of any remedy that may be available to the County under the contract at law, or in equity except as may be specifically expressly stated in a writing executed by an authorized officer of the County.

4.14. Insurance:

At all times during the term of the contract, the Consultant shall procure and maintain, at its own expense, liability insurance for damages imposed by the law and assumed under any contract executed under this “A & E Pool” RFP. This insurance shall be of the

I-14 kinds and amounts as provided in Exhibit INS attached to this RFP. Coverage amounts may vary for specific projects.

The company issuing the insurance shall be admitted or approved to do business in the State of New Jersey. The Certificates of Insurance shall provide for thirty (30) day notice in writing to the County prior to any cancellation, non-renewal, expiration and/or material changes during the term of insurance.

An insurance certificate meeting these requirements must be submitted prior to the execution of any project specific contract issued as a result of this A & E Pool RFP.

4.15. Contract:

The Consultant will be required to sign the standard County Contract, a copy of which is attached hereto as Exhibit CT. Modifications or additions to the County’s form contract will not be entertained. Failure to sign the standard Contract shall result in rescission of a contract award.

4.16. Consultant Warranty:

By submitting a proposal, the Consultant warrants and represents that it has satisfied itself from its own investigation of all of the requirements necessary to perform the services contemplated by the A & E Pool RFP and any project specific RFP issued hereunder. The Consultant further warrants that is knowledgeable with respect to the general performance standards, general locations and existing conditions and other general land use laws, codes, requirements, and conditions that will generally apply to County Facilities’ projects and has taken the same into account when submitting proposals. The Consultant shall be responsible for assuring that it and its employees and agents comply with all applicable federal, state, and local laws, statutes, regulations, codes, and standard, and current generally accepted standards and practices in its profession. These warranties and duties of the Consultant shall not be limited or modified as a result of any review, approval, inspection, comments or other actions by the County.

SECTION 5. GENERAL CONDITIONS

5.1. Proposal Limitations:

This RFP is not intended to be an offer, order or contract and should not be regarded as such, nor shall any obligation or liability be imposed on the County by issuance of this RFP. The County reserves the right to reject any or all proposals, if necessary, or to waive any informalities in the proposals, and unless otherwise specified by the proposer, to accept any item, items or services in the proposals should it be deemed in the best interest of the County to do so.

5.2. Use of Information:

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Any specifications, drawings, sketches, models, samples, data, computer programs, documentation, technical or business information and the like (“Information”) furnished or disclosed by the County to the Consultant in connection with this RFP or any project specific RFP issued hereunder shall remain the property of the County. When in tangible form, all copies of such information shall be returned to the County upon request. Unless such information was previously known to the proposer, free of any obligation to keep it confidential, or has been or is subsequently made public by the County or a third party, it shall be held in confidence by the Consultant, shall be used only for the purposes of this RFP or project specific RFP issued hereunder, and may not be used for other purposes except upon such terms and conditions as may be mutually agreed upon in writing.

5.3. Proprietary Information:

Any proposal submitted may become public information. Proprietary information such as client lists and non-public financial statements may be protected under limited circumstances. Pricing and service elements are not considered proprietary. An entire proposal may not be marked as proprietary. Consultants must clearly identify in this proposal or any project specific proposal any specific proprietary information they request be protected. Proposals may be reviewed and assessed by any person at the discretion of the County. All materials submitted become the property of the County and may be returned only at the County’s option.

5.4. Tax Exempt:

The County is exempt from any State sales tax or Federal excise tax. In submitting its proposal, the Consultant certifies that its proposal (hourly rates) for this RFP or any subsequent project specific RFP does not include any State Sales Tax.

5.5. Independent Contractor Status:

The parties acknowledge that the Consultant is an independent contractor and is not an agent of the County.

5.6. Patent, Trademark or Copyright Infringement:

By submission of a proposal under this RFP or any subsequent project specific RFP, the Consultant certifies that the service(s) to be furnished will not infringe upon any valid patent, trademark, or copyright and the successful Consultant shall, at its expense, defend any and all actions or suits charging such infringement, and will save the County harmless in any case of any such infringement.

5.7. Attempt to Influence:

No Consultant shall cause or influence, or attempt to cause or influence, any County officer or employee to use his/her official capacity to secure unwarranted privileges or advantages for the proposer or any other person.

5.8. Final Decision:

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Should any difference arise between the contracting parties as to the meaning or intent of these instructions or specifications, the County’s Purchasing agent’s decision shall be final.

In the case of a project specific RFP issued under this A & E Pool RFP, the County user, in this case the Division of Facilities Management, shall determine the final meaning or intent of the instructions or specifications.

5.9. Proposal Costs:

The County shall not be responsible for any expenditure of monies or other expenses incurred by the Consultant in making and submitting their proposal.

5.10. Contract Term:

The A & E Pool contract will be for the term effective September 1, 2026, through August 31, 2027. The term for any project specific contract awarded under this A & E Pool will be established on an individual basis and extended past the end date of this A & E Pool term as needed.

5.11. Hourly Rates:

The Consultant’s fees and hourly rates proposed on the Proposal Form (Exhibit PF) shall apply to all services ordered within the contract period and shall remain in effect until all services required have been performed and accepted by the County, or until the Contract is otherwise terminated.

For any project specific RFP’s issued under this A & E Pool, the County reserves the right to seek to negotiate hourly rates different than those proposed on the Proposal Form (Exhibit PF) if appropriate.

5.12. Reimbursable:

The County shall reimburse the Consultant for the cost (with no mark-up) of permit fees, providing extra copies of documents (hardcopy and/or digital) ordered beyond a reasonable number required to fulfill the basic scope of work as described in section 3 “Scope of Work” above, or beyond any identified requirements of a project specific RFP.

Additionally, the Consultant shall be reimbursed for the cost, with no mark-up of labor/personnel, equipment, testing, etc. pursuant to paragraph 3.5 “Additional Work” above provided that the cost is documented by proof submitted with invoice for same.

The County will not accept billings for mileage, travel time, travel expenses, meals, lodging, accommodations, business equipment rental, copying, telephone, postage, overnight delivery or other expenses accepted as normal business costs.

5.13. Subcontracting:

The Consultant shall not engage the services of any subcontractor or sub-consultant that was not included in the original contract for a project specific proposal without prior

I-17 notice and prior written approval from the County. The County reserves the right to authorize or reject any proposed subcontracting or sub-consulting in the County’s sole judgment and discretion.

All subcontractors and/or sub-consultants shall be required to carry the same insurance coverage specified for the Consultant in this A & E RFP and in any project specific RFP issued hereunder and shall acknowledge that they are subject to the terms and conditions set forth in this A & E Pool RFP for any and all subsequent project specific RFPs resulting in a contract with the County. Subcontracting/sub-consulting shall not relieve the Consultant of any duty owed to the County under the terms of this RFP or any subsequent project RFP’s issued hereunder.

The County will not pay, and the Consultant will not agree to the reimbursement of subcontractors and/or sub-consultants fees that exceed the maximum hourly fee for the Consultant as proposed on the Proposal Form “Exhibit PF” included in this RFP without the express prior approval of the County.

5.14. Payment:

The Consultant shall invoice the County monthly for each specific project. Each invoice shall clearly identify the County project to which it relates, the task performed, and shall separately describe the nature of the work or services performed by each individual in such work, and apply thereto the appropriate hourly rates as proposed in Exhibit PF to this RFP or in the accepted proposal.

The Consultant shall include a County Standard Invoice with original signature with each of their monthly invoices.

Payment will be made within thirty (30) days of approval thereof by the County.

5.15. Assignment:

The Consultant shall not transfer, assign or otherwise dispose of the contract or contract funds, due or to become due, or claims of any nature it has against the County to any other party except upon the express written approval of the County.

5.16. Audit and Record Keeping:

The County shall have the authority to audit and review the contract records of all contracts between the County and Consultant. In addition, the contract records of private Consultants, vendors or other persons who have entered into contracts with covered entities are subject to audit or review by the New Jersey Office of the State Comptroller (OSC) pursuant to N.J.S.A. 52:15C. In accordance with the said statute, the Consultants, vendors or other persons shall maintain all documentation related to products, transactions or services under this contract for a period of seven (7) years to

I-18 the date of final payment. Such records shall be made available to the OSC upon request.

5.17. Contract Termination:

The County may, at any time upon immediate notice in its discretion, terminate any contracts issued as a result of this RFP with or without cause. In the event the County elects to terminate a contract for reasons not the fault of the Consultant, the Consultant shall be entitled to compensation for services performed to date of termination which have been accepted to the satisfaction of the County.

5.18. Discussions with Proposers:

An oral presentation by a Consultant to clarify a proposal for this A & E Pool RFP or a project specific proposal issued hereunder may be required at the sole discretion of the County. However, the County may award a contract based on the Consultant’s initial proposal received for this A & E Pool RFP without discussion with the proposer. If oral presentations are required, they will be scheduled after the submission of proposals.

Proposer(s) will not be compensated for making the presentation.

5.19. County’s Responsibility:

The County shall designate a representative authorized to act on the County’s behalf with respect to this project. The County’s authorized representative shall render decisions in a timely manner pertaining to documents submitted by the Engineer in order to avoid unreasonable delay in the orderly and sequential progress of the Engineer’s services.

SECTION 6. PROPOSAL FORMAT

Although there is no restriction on the length of the proposal, Consultants are encouraged to be as brief as practical. All information requested in this RFP must be supplied with the Proposal Form, along with all other forms and required certifications. The preparer shall furnish to the County of Atlantic any and all such information, documentation and data for this purpose, as the County of Atlantic may request. Failure to include any of the required information may result in rejection of the Proposal.

Each proposal must be submitted in the following format:

6.1. Letter of Transmittal:

Each proposal shall include a Letter of Transmittal which bears the original signature of an authorized representative of the vendor, and which also includes the name of individuals authorized to negotiate with the County with contact information. The Consultant shall indicate the location of the office where the project work will be performed.

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The Letter of Transmittal shall acknowledge that the Consultant will be available for contract execution for a project specific proposal and will be ready to start work immediately upon written Notice to Proceed by the County.

6.2. Experience:

Provide a summary description of ten (10) projects completed within the last five (5) years. Include project name, location, owner, dollar value, and the Consultant’s role in each project.

6.3. References:

Provide at least five (5) references with contact name, company name, address, telephone number and email of the contact person. The references should correspond with the projects used to indicate the Consultant’s experience.

6.4 Consultant Resources:

Submit a summary of the total personnel in the firm, and the number and location of offices (if applicable). Include information regarding prior project commitments for other clients at the time of responding to this RFP.

6.5 Qualifications:

Provide resumes with education, training, and notable experience for key personnel who may assigned to a County project. Include copies of professional licenses or certifications, valid for practicing in the State of New Jersey. The licenses should reflect the disciplines checked off on the Proposal Form.

SECTION 7. PROPOSAL DOCUMENTS

Certain Exhibits and Forms must be executed and submitted with the Consultant’s proposal.

Other Exhibits and Forms will not be required until the Consultant is issued a project specific contract.

7.1 Exhibits and forms attached and made a part of this RFP:

Exhibit PF: Proposal Form (includes Hourly Rates & Discipline List)

Exhibit AA1-2: Affirmative Action (EEO) Language Notice

Exhibit AAI: Affirmative Action Information

Exhibit NC: Non-Collusion Affidavit

Exhibit DS: Disclosure of Investment Activities in Iran

Exhibit INS 1-2: Insurance Endorsement

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Exhibit INS: Insurance Requirements

Exhibit BRCP: Sample of NJ Business Registration Certificate

Exhibit CND: Certificate of Non-Debarment

Exhibit RFP CL: RFP Checklist

Exhibit CT: Sample Contract

Exhibit CGC: Sample County Bid Front End for Construction Projects

7.2. Exhibits & Forms Required with Proposal:

Read this Section Carefully – If the correct forms are not submitted with the proposal, the Consultant may be disqualified from this A & E Pool.

The following Exhibits and Forms MUST be submitted with the Proposal Form:

Exhibit AAI: Affirmative Action Information

Exhibit NC: Non-Collusion Affidavit (must be notarized)

Exhibit DS: Disclosure of Investment Activities in Iran

Exhibit INS 1-2: Insurance Endorsement

Exhibit BRCP: Copy of NJ Business Registration Certificate

Exhibit CND: Certificate of Non-Debarment

Exhibit RFP CL: RFP Checklist

7.3. Proposal Form:

Complete all pages of the Proposal Form (Exhibit PF). Provide contact and alternate contact information, staff titles with hourly rates and list the professional services discipline your firm is licensed for. The rates provided by the respondent shall include all costs necessary to provide the services, (i.e. all field and home office overhead and expenses).

A. The Proposal Form must be signed by a person able to obligate the responding entity (individual, partnership, corporation, etc.) for this RFP.

B. The Alternate Contact information on the Proposal Form should be a person who is easily accessible and can provide a timely response to any questions or requests from the County for the term of this A & E Pool.

C. Proposal fees/hourly rates must remain in effect for a period of not less than one (1) year; for the term of this A & E Pool; for all services contracted under this RFP have

I-21 been performed and accepted by the County, or until the contract is otherwise terminated.

D. Complete the Discipline List, checking off all professional/licensed disciplines and/or categories of work your firm is qualified for. Add to the List as needed.

SECTION 8. PROPOSAL DEADLINE & DELIVERY

8.1. Proposal Deadline:

AUGUST 4, 2026 by 11:00 a.m. EDT. Late proposals will not be eligible for review.

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8.4. Opening of Proposals:

At time and due date, above, all proposals received will be opened publicly.

This session will not involve any qualitative or quantitative analysis or determination as to any proposal.

SECTION 9. PROPOSAL GENERAL INFORMATION:

9.1. Questions:

All questions regarding this RFP must be submitted in writing on:

BidExpress.com

Otherwise, no Consultant intending to submit a proposal or any employee of any firm intending to submit a proposal shall contact any County employee for any reason either directly or indirectly related to this RFP. Any firm found violating this policy may be disqualified from submitting a proposal.

Responses to questions will be posted on the Atlantic County Bid Portal.

9.2.: Left Blank

9.3. Interview:

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The County reserves the right to interview Consultants, request clarification of proposals, request additional information, request modification of proposals and negotiate contract terms with Consultants.

The County may, in its discretion, require certain Consultants to give an oral presentation and/or to submit written responses to questions from the County for the purpose of clarifying or elaborating the Consultant’s proposal.

No comments regarding other Consultants’ or their proposals will be permitted and respondents may not attend presentations by their competitors.

Respondents shall not construe the list of firms invited to interview(s), if any, as acceptance or rejection of any proposal.

Consultants may also be asked to explain and/or clarify their proposal to a selection committee.

9.4. Reservation:

The County of Atlantic reserves the right to reject any and all proposals, and any part and to waive any formalities, informalities, irregularities and errors in proposals to the fullest extent permitted by law.

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