atlantic Invitation_ Instructions and General Conditions.pdf

Rev. August 2025

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INVITATION TO BID

Bid proposals will be received via the Internet until the time and date specified in the legal notice, at which time the bid proposals submitted will be downloaded, and publicly opened and read, on the 6th Floor COB Building, 1333 Atlantic Avenue; Atlantic City, NJ.

To be performed in accordance with all of the terms, conditions, specifications and requirements set forth herein (referred to collectively as the “Work”).

INSTRUCTIONS TO BIDDERS

1. Delivery of BIDS; Deadline for Submission of BIDS

The Bidder must upload their bid prior to the date and hour named so that it is included in the letting download This is the only vehicle to bid this project; paper bids will not be accepted.

2. Late or Erroneous Bid Delivery

Late bids (i.e., any bid not uploaded) shall be rejected. The County shall not be responsible for Bidders not being able to upload their required information or submit in a timely manner.

3. Use of Online Forms

Bids shall be received online only. No paper submission will be accepted

4. Required Bid Documents

Bidders shall submit required documents to the County as specified by these Instructions and as required by law.

A. DOCUMENTS REQUIRED AT THE TIME OF SUBMISSION OF THE BID. FAILURE

TO SUBMIT SHALL BE AUTOMATIC BID REJECTION.

1. Proposal Form

2. Ownership Disclosure Statement

3. Acknowledgement of Receipt of Addenda

PROJECT SPECIFIC FORMS

4. Bid Security (Check or Bid Bond with Agent and Bidder Signatures)

5. Consent of Surety (Agent and Bidder Signatures)

6. Subcontractors Affidavit (N.J.S.A. 40A:11-23.2)

7. Plumbing Affidavit

8. Federal Debarment List Certification (P.L. 2019, c. 406, N.J.S.A. 52:32-44.1)

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B. DOCUMENTS REQUIRED PRIOR TO AWARD

1. Non-Collusion Affidavit;

2. Affirmative Action Information

3. Copy of NJ Business Registration Certificate

4. Investment Activities in Iran Certification

5. Certification of Non-Involvement in Prohibited Activities in Russia or Belarus

C. Additional Information Regarding Certain Mandatory Bid Documents

Without limiting the Bidder’s responsibility to complete and submit any other form, certification or other document with its bid, take note of the following required forms:

i. Investment Activities in Iran. The attached Investment Activities in Iran affidavit must be completed and submitted, pursuant to P.L. 2021, c. 4, prior to awarding any contract or renewal of contract. Each bidder must provide this written certification to the contracting agency that that neither the 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

ii. Federal Debarment Certification. The Federal Debarment Certification must be executed and submitted, pursuant to P.L. 2019, c. 406, N.J.S.A. 52:32-44.1, prior to awarding any contract for public work. Each bidder must provide this written certification to the contracting agency that neither the bidder nor bidder’s affiliates are debarred at the Federal level from contracting with a Federal governmental agency. See Section 4.A above.

iii. Performance of Specialty Trade Work. In the event a Bidder will be required to furnish (1) plumbing and gas fitting and kindred work; (2) steam power plants, steam and hot water heating and ventilating apparatus and kindred work; (3) electrical work; and/or (4) structural steel and ornamental iron work, as defined by the Local Public Contracts Law, N.J.S.A. 40A:11-16. the bidder must complete and submit with its bid all of the sections on the attached Subcontractor Affidavit, to provide the required information demonstrating that either its subcontractors, its own employees or the bidder itself possess the necessary or required qualifications to perform work in each appropriate specialty trade category applicable to the contract.

D. BIDS WHICH FAIL TO INCLUDE ALL MANDATORY DOCUMENTS, COMPLETED

IN ACCORDANCE WITH THESE INSTRUCTIONS AS REQUIRED BY LAW, SHALL BE

REJECTED.

5. Incomplete Submissions

It shall be the responsibility of the bidder to submit bids that are responsive to all bid specifications and forms, including any updates, clarifications or addenda thereto that may be issued by the County prior to the bid submission due date directly to the Atlantic County Bid Portal.

The County shall not be responsible for any erroneous pages or pages missing from the bid documents, if the bidder has obtained the documents from a source other than directly from the

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County Division of Budget and Purchasing or the Atlantic County Bid Portal, or if such forms are missing or altered due to bidder error, neglect or any other cause.

The County shall not be held responsible if a Bidder fails to receive any updates or addenda to this Bid, due to the failure of the Bidder to secure its bid documents directly from the County Division of Budget and Purchasing or the Atlantic County Bid Portal, or due to bidder error or neglect.

6. Addendums and Modifications of the Bid

The County reserves the right to issue Addendums, Modifications, Clarifications and Updates to this bid, and to add or remove materials, quantities, equipment, goods, services and divisions of Work, or parts thereof, or other components of the Work from the bid specifications or Contract Documents, as the County deems necessary to serve the County's needs and interests.

Bidders shall acknowledge receipt of any notice, modifications, revisions or addenda to the advertisement or to these bid documents that may be issued by the County in accordance with an acknowledgement form provided by the County.

7. Electronic Bid Submissions - No Phone, Fax or Unauthorized Submissions

As this is a Electronic Bid Submission pursuant to N.J.S.A. 52:34-12, only electronic bid submission via authorized medium will be accepted for publicly advertised bid requirements.

8. Pre-bid Meeting

The County reserves the right to schedule an optional pre-bid conference, and/or site visitation. It is recommended to attend, and the scheduled date, time, and location would be indicated in the Advertisement for Bid. Additional site visits, depending on time available, may be scheduled by contacting the Division of Budget & Purchasing with contact information noted in “Pre-Bid Inquires”.

9. Pre-Bid Inquiries

In the event that a Bidder may have any questions regarding this Bid or the Work, all such questions should be submitted in writing on the Bid Portal Question section of the specific bid

Responses will be posted and forwarded to all bidders who have obtained a bid package from the Atlantic County Bid Portal.

10. No Oral Instructions

Neither the County of Atlantic nor their authorized representatives will be responsible in any way for oral answers unconfirmed in writing to any inquiries regarding the intent or meaning of these specifications. All inquiries shall be submitted and addressed by the County Purchasing Agent, as specified above.

11. Communications with County Staff

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No bidder intending to submit a bid, nor any employee of any firm intending to submit a bid, shall contact any County employee for any reason either directly or indirectly related to this Bid except as specified above.

12. Purchasing Agent’s Interpretations Are Binding

Should any difference arise between the bidders and the County as to the meaning or intent of these instructions or specifications, the County Purchasing Agent's decision shall be final and conclusive to the fullest extent permitted by law.

13. Bid Security

If a bid security is required with the bid, the bidder must upload a copy of the certified check, cashier's check or bid bond in the amount of ten (10%) percent of the total price bid, but not in excess of $20,000.00, payable unconditionally to the County of Atlantic. The original document must be received by the County of Atlantic Purchasing Office by the time of the advertised bid opening.

Each Bidder shall submit with the bid a certified check, cashier's check or bid bond in the amount of ten (10%) percent of the total price bid, but not in excess of $20,000.00, payable unconditionally to the County of Atlantic. See sample Bid Bond. If a Bid Bond is submitted, it shall include a completed and current Power of Attorney, a current Certificate of Authority and a current Surety Financial Disclosure that comply with the laws and rules of New Jersey, issued by a firm authorized to transact such business in New Jersey.

All Bid Security, except the Bid Security of the three (3) apparent lowest responsible Bidders, shall be returned within ten (10) days after the opening of the bids, Sundays and holidays excepted, and the bids of such Bidders shall be considered withdrawn. After the awarding and signing of the Contract and the approval of the Contractor's Performance Bond, the Bid Security of the remaining unsuccessful Bidders shall be returned within three days, Sundays and holidays excepted.

If the successful Bidder fails to execute and deliver the Agreement and furnish the required Performance Bond within ten (10) days of the Notice of Award, the check or bond of the successful bidder shall be forfeited as liquidated damages and the County may annul the Notice of Award.

AIA Bid Bond forms are not acceptable. Terms which limit recovery to the difference between the lowest bid and the second lowest bid are not acceptable.

Failure to submit a bid guarantee as specified herein shall result in rejection of the bid.

14. Consent of Surety

If a Consent of Surety bid is required with the bid, the bidder must upload a copy of the completed and signed consent of surety. The original document must be received by the County of Atlantic Purchasing Office by the time of the advertised bid opening.

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In addition to the Bid Security, each bid must be accompanied by one (1) or more consent of surety statements, in a form similar to the Certificate attached as Sample Consent of Surety, of one (1) or more surety companies authorized by the State of New Jersey to issue Bonds in the State of New Jersey and acceptable to the County, unconditionally agreeing, in the event the Bidder is awarded the Contract, to furnish a performance bond(s) with material and payment guarantees pursuant to N.J.S.A. 2A:44-143 (Performance Bond). In the event the surety company or companies choose(s) to furnish its (their) own form of Certificate, the substituted form must be substantially in compliance with the form provided herein. The Consent of Surety shall include a completed and current Power of Attorney and a current Surety Financial Disclosure that comply with the laws and rules of New Jersey. A current Certificate of Authority shall also be provided.

AIA forms are not acceptable. Failure to provide these documents as specified herein with the bid proposal shall result in a rejection of the bid

15. Performance Bond

The Bidder that is awarded a contract shall, simultaneously with the delivery of the executed contract, submit an executed performance bond in the amount of one hundred percent (100%) of the acceptable bid as security for the faithful performance of this contract. The surety on such bond or bonds shall be a duly authorized surety company authorized to issue performance bonds in the State of New Jersey

If the Contractor is a partnership, the bond is to be signed by each of the individual partners; if a corporation, the bond is to be signed in the correct corporate name by a duly authorized officer, agent or attorney in fact. The executed bond shall be accompanied by:

1. An appropriate acknowledgment of the respective parties.

2. An appropriate certified copy of a power of attorney when the bond(s) is/are executed by the surety's agent, officer or other representative.

3. A certified extract from the by-laws or resolution of the surety under which power of attorney or other certificate of the agent, officer or representative was issued.

4. A Surety Disclosure Statement and Certification.

A Performance Security set forth on AIA forms is not acceptable. Failure to submit this with the executed contract shall be cause for declaring the contract null and void pursuant to N.J.S.A.

40A:11-22.

16. Bid Prices

Prices must be stated for all bid items, in numeric form, in accordance with the forms provided by the County. Bidders shall not alter the Bid format provided by the County.

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Blank values, or responses which indicate that an item is not included, or subject to conditions or modifications not otherwise stated or permitted by this Bid shall be deemed non-conforming and shall be rejected.

Bid prices shall include all of the materials, goods, work and services to be delivered or performed by the Contractor to perform the Work and shall not be subject to additional charges or expenses unless such additional charges or expenses are explicitly authorized and approved in advance by the County, as set forth herein.

Each component of the bid, whether stated as a lump sum, a unit price, allowance or “as and where directed” quantity, shall include all related costs, including but not limited to profit and overhead associated with each such component of the bid.

All components of the Work assigned to the bidder under the Contract Documents shall be performed at no additional costs to the County and the Bidder shall not seek or impose additional costs or charges for any such component of the Work, unless such charges or costs are explicitly authorized by the Contract Documents.

17. Add and/or Deduct Alternates

In the event that this Bid includes or is amended by the County to include Add and/or Deduct Alternates, all Bidders shall be required to respond to such Add and/or Deduct Alternates in their bid proposals, in accordance with the Proposal forms supplied by the County. Failure to do so shall result in rejection of your bid. Bidders shall not alter the Add and/or Deduct Alternate form provided by the County. Bidders shall fully complete and execute the form provided by the County in accordance with all instructions applicable to bid submissions as stated herein. The County reserves the right, in its sole judgment and discretion, to award or reject all Add and/or Deduct Alternates, or any combination thereof. in accordance with NJSA 40A:11-23.1 (d).

18. Multiple Bids Not Allowed

Each bidder shall submit no more than one bid. Submission of multiple bids by or on behalf of any individual, firm, partnership, corporation or association shall be cause for rejection of all of such multiple bids. Nothing herein shall preclude separate and distinct corporate entities from submitting bids when such entities are partially or wholly owned by a parent entity.

19. Alternative Bids Not Allowed

No Bidder shall be allowed to offer more than one price on each item, even though he/she may believe that he/she has two or more types or styles of goods, materials, services or combinations thereof that will meet the requirements of these specifications. Bidders must determine for themselves which to offer. If a bidder submits more than one price on any item, the bidder’s bid for such alternatively priced items shall be rejected.

20. Fixed Pricing

Bid prices are to remain firm for a period of not less than sixty (60) days to allow the County to determine the lowest bid that shall most economically serve the intentions of this bid.

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21. Bids Based Upon Specifications; Bid Deviations

It shall be presumed that all bids are based upon these specifications, unless the bidder explicitly states to the contrary in a letter format that shall be attached to the bidder’s bid submission.

Bidders shall not type changes upon, or make any other alterations to bid specifications and forms.

All proposed deviations, alterations or other changes from the specifications proposed by the bidder shall be explained in detail in the Bidder’s submission. At a minimum, the bidder shall describe the alternative(s) in a letter that shall be submitted with the bid, which shall be signed by the bidder and which shall explain the proposed deviations, alterations or other changes in detail and provide such additional data as necessary to verify that the proposed deviations, alterations or other changes will meet or exceed the requirements of this Bid. If the County determines, in its sole judgment, that the proposed deviation, change or alteration materially alters the requirements of this Bid to the disadvantage of the County, or is otherwise deemed by the County to be inconsistent with the County’s requirements, including but not limited to requirements imposed by law, the County reserves the right to reject the Bid.

22. Brand Names or Equivalents

If and whenever in the proposal a brand name, make, name of any manufacturer, or trade name is mentioned, it is for the purpose of establishing a grade or quality of merchandise. The County of Atlantic does not wish to rule out other competition and equal brands or makes, and therefore, the phrase or equivalent is added. If merchandise other than that specified is bid, it is the Bidder's responsibility to name such within the Bid and to provide information to the County that shall demonstrate that the said item(s) is equivalent to that specified. The County shall be the sole judge concerning the merits of the Bidder’s proposed alternative, and reserves the right to reject such bids if, in the County’s sole judgment, the proposed alternative materially alters the requirements of this Bid to the disadvantage of the County, or is otherwise deemed by the County to be inconsistent with the County’s requirements, including but not limited to requirements imposed by law, the County reserves the right to reject the Bid.

23. Objections to Bid Specifications and Contract Documents

Any prospective bidder who wishes to challenge a bid specification or other component of the contract documents shall file such written challenge, objection, or alternative in writing with the County Purchase Agent, no less than three (3) business days prior to the opening of bids. Any such challenge, objection or alternative filed after that time shall be considered void and shall have no impact on the contracting unit or the award of a contract, in accordance with the provisions of N.J.S.A. 40A:11-13. It shall be presumed that the contract documents will consist exclusively of these Bid Documents, including plans, conditions, specifications and forms attached herewith.

The County reserves the right to reject any and all proposed modifications, alterations or alternative Contract Documents which, in the County’s sole judgment, fail to conform with or is otherwise inconsistent with the terms conditions, and requirements set forth herein, to the fullest extent permitted by law.

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24. Non-proprietary Equipment

All equipment purchased by the County of Atlantic shall be non-proprietary, unless Specified otherwise or unless non-proprietary equipment is not available.

25. FOB Prices

Prices quoted in all bids shall be delivered prices, F.O.B. destination, freight prepaid.

26. Price Adjustments

Bid prices shall not be subject to any increase during the life of the contract, unless an increase is specifically authorized by the Contract Documents. Should there be any reduction in the Bidder’s costs to procure goods, supplies, materials, labor or any other component of the Work as submitted in the Bid, the unit prices charged to the County will be reduced to reflect any such reduction in actual costs incurred by the Contractor for all such goods, supplies, materials, labor or any other component of the Work, to the extent that such reductions are specified or required by the Contract Documents.

27. Discounts

All price discounts (if any), shall be calculated as of the date of acceptance by the County of any such discounted goods, supplies, materials, labor or any other component of the Work, regardless of the date of delivery or invoice.

29. Irrevocable Bids

All bids are irrevocable by the subscriber, or his, their or its personal or legal representatives.

Said Bid and award thereunder is made to the subscriber by the County of Atlantic and shall bind the subscriber, his, their or its heirs, executors, administrators, successors or assigns.

30. Withdrawal of Bids Prior to Bid Opening

A written request for the withdrawal of a bid, or any party thereof, will be granted if the request is received by the County Purchasing Agent prior to the specified time of the bid opening.

31. Taxes

The County is exempt from all taxes including Federal Excise Tax, Transportation Taxes, State Excise and Sales Tax, and local taxes. Contractor shall pay all sales, income, consumer, use and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the State of New Jersey and United States which are applicable to the Contractor during the performance of the Work. Contractor shall not pass through to County any taxes for which the County is exempted by the laws of the State of New Jersey. County shall cooperate with Contractor in providing evidence of its tax-exempt status.

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32. Bid Award

PROJECT SPECIFIC

33. Bid Ties

Where two or more bidders are tied in any bid submission or component thereof, the County reserves the right to make the award to the vendor whose response, in the discretion of the contracting unit, is the most advantageous, price and other factors considered.to either of the bidders.

34. Delivery Dates

All Bidders, where required, shall clearly stipulate the guaranteed delivery date of all items.

Successful Bidder(s) failing to meet the delivery date specified by the Contract Documents shall be subject to the imposition of all sanctions and penalties provided for in the Contract Documents, or more generally at law or in equity.

35. Time for Award

The award of the contract or the rejection of the bids shall be made within sixty (60) days of the date of receiving bids; unless written extensions are requested by the Purchasing Agent and accepted by the Bidder(s). All bid securities shall be returned immediately if all bids are rejected. The successful Bidder(s) to whom the award is to be made shall be notified by receipt of the contract or a written "Notice to Proceed" from the County department for whom the work is being provided.

36. Funding Contingency

When award of contract is made in one fiscal year with an effective date in the next fiscal year, the award shall be contingent upon the availability of appropriation of sufficient funds for that purpose for the year in which said contract takes effect. When a contract shall be awarded for a period in excess of one year, said contract shall be contingent upon the annual availability and appropriation of sufficient funds for that purpose for each year of the contract, as required by law.

37 Modification of the Work

Prior to commencement of any specific component of the Work, the County reserves the right to remove such component from the Work, for the convenience of the County, by providing written notice to the Bidder. The Bidder shall not be entitled to compensation for removal of any such component of the Work as of the Notice date, provided, however, that the Bidder shall be entitled to payment for any materials purchased and delivered to the County for any such component of the Work prior to date of the County’s notice.

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38. Bid Rejection

The County reserves the right to reject all bids, when the County determines that rejection of all bids is advisable to the extent that rejection of all bids is permitted under the provisions of the New Jersey Local Public Contracts Law. In addition, the County reserves the right to waive minor informalities or non-material exceptions in accordance with law .

39. Withdrawal of Certain Bids on Public Works Projects, Pursuant to N.J.S.A. 40A:11- 2 (42).

N.J.S.A. 40A:11-23.3 authorizes a Bidder to request withdrawal of certain bids, on public works projects, due to a mistake on the part of the Bidder. A mistake is defined by N.J.S.A. 40A:11-2

(42) as a clerical error that is an unintentional and substantial quantity of labor, material, or both, from the final bid computation.

A Bidder claiming a mistake under N.J.S.A. 40A:11-23-3 must submit a request for withdrawal, in writing, by US POSTAL SERVICE CERTIFIED OR REGISTERED MAIL to Palma Conover, Division Director of Budget & Purchasing, 1333 Atlantic Ave., 6th Floor , Atlantic City, NJ 08401. The Bidder request for withdrawal of a bid due to a mistake, as defined by the law, must be postmarked within five (5) business days after the receipt and opening of the bids or the request will not be considered by the Purchasing Agent.

A Bidder’s request to withdraw the bid shall contain evidence, including any pertinent documents, demonstrating that a mistake was made. Such documents and relevant written information shall be reviewed and evaluated by the County Purchasing Agent pursuant to the Statutory criteria of N.J.S.A. 40A:11-23.3.

All of the following criteria provided must be met by the bidder in order for a bid to be withdrawn.

A. Enforcement of the contract, if actually made, would be unconscionable;

B. The mistake relates to a material feature of the bid;

C. The mistake occurred notwithstanding the fact that the Bidder exercised reasonable care in preparation of the bid; and

D. The Bidder making the mistake is able to get relief by way of withdrawing the bid without serious prejudice to the contracting unit, except for the loss of the bargain to the contracting unit.

40. Execution of Contract

The Contractor shall be required to sign the standard County Contract, a copy of which is attached, within ten (10) days after the County’s issuance of a contract document to the successful bidder. Failure to execute the contract as required herein shall be subject to sanctions and remedies specified hereinafter.

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Work shall not commence until the contract has been fully executed, excepted for any project administrative items the Contractor may begin upon receipt of a Notice to Proceed, i.e.

submittals, developing draft schedule of values, further inspection of project site, developing staging areas, etc.

41 Modifications or Additions to the Contract Documents

Bidders shall not make modifications or alterations to the contract documents and shall not replace or include contracts or forms other than those that have been provided by the County with the bid documents,

42. Bid Preparation Costs

The County shall not be liable for any costs incurred by any Bidders in the preparation or submission of its Bid.

43. Ownership of Bids

All Bids shall become the property of the County upon receipt and will not be returned.

44. Dissemination of Bids Plans and Bid Information

Information included in this document or in any way associated with this Bid, including but not limited to any plans for the Work that may be supplied or obtained by the Bidder pursuant to this Bid, are intended for use only by the Bidders to submit Bids and complete the Work, and shall remain the property of the County. Under no circumstances shall any of said information be published, disseminated to persons not employed by the Bidder copied or used, except as necessary to reply to this Bid and perform the Work.

45. Public Works Contractor Registration Act

The Public Works Contractor Registration Act, N.J.S.A. 34:11-56.48 et seq., specifies that no Contractor or subcontractor shall bid on or engage in any contract (or part thereof) for public work which is subject to the provisions of the “New Jersey Prevailing Wage Act, N.J.S.A. PL 1963 C. 150 (C: 34:11-56.25 et seq.,)” for the construction, reconstruction, demolition, alteration, repair or maintenance of a Public Building regularly open to and used by the general public institution and includes any subcontractor or lower tier subcontractor, unless they are registered with the Department of Labor and Workforce Development. Bidders submitting a Bid for a public works contract or performing public work MUST submit a certificate of registration prior to award of the contract. Copies of the Bidder’s subcontractor’s certificate of registration will be required after submission of the Bid but prior to the award of the contract.

Note: A copy of an application for registration is not acceptable as a substitute for the required certificate of registration.

46. Prevailing Wage Requirements

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A. The successful bidder and any of its subcontractors shall be obligated to pay the prevailing wage, to submit certified payrolls and documentation of compliance, and to permit on-site monitoring, including interviews with employees and review of subcontracts, by County representatives. Wage rates to be paid on this Project shall be New Jersey Prevailing Wage determinations per trade.

B. The New Jersey Prevailing Wage Act, N.J.S.A. 34:11-56.25 et seq. (P.L. 1963, Chapter

150) along with the Determination of the New Jersey Wage and Hour Prevailing Wage Rate Determination or other documents specifying the New Jersey prevailing rates are hereby made a part of every Contract entered into by the County of Atlantic, except those contracts which are not within the scope of the Act. The successful Contractor and any of its subcontractors shall be obligated to pay the prevailing wage, to submit certified payrolls and documentation of compliance, and to permit on-site monitoring, including interviews with employees and review of subcontracts, by County representatives. Workers shall be paid not less than such prevailing wage rate. In the event it is found that any worker, employed by the contractor or any subcontractor covered by said contract, has been paid a rate of wages less than the prevailing wage required to be paid by such contract, the public body, the lessee to whom the public body is leasing a property or premises or the lessor from whom the public body is leasing or will be leasing a property or premises may terminate the contractor's or subcontractor's right to proceed with the work, or such part of the work as to which there has been a failure to pay required wages and to prosecute the work to completion or otherwise.

C. The Contractor’s signature on the Contract is the Contractor’s guarantee that neither he nor any subcontractors he might employ to perform the work covered by this Bid are listed or are on record in the office of the Commissioner of the New Jersey State Department of Labor as one who has failed to pay prevailing wages in accordance with the provisions of this act.

D. Every Contractor and subcontractor shall keep an accurate payroll record, showing the name, craft or trade, job title or classification, actual hourly rate of wages paid, hours worked, and total wages paid to each worker employed by him in connection with a public work. The prevailing wage as published by the Department of Labor shall be noted on the payroll journal next to the actual wage rate paid. Payroll records shall be presented for a period of two (2) years from the date of payment. The Contractor shall be responsible for ensuring that its subcontractors comply with the Act and shall cooperate with County or State requests for information to verify compliance. Payroll records shall be preserved and made available for inspection in accordance with the General Conditions concerning record keeping and audits

E. In the event of the Contractor or any of its subcontractors engaged in Work on the Project has or is paying workmen in their employ wages less than the required prevailing wage rates, then the County shall have the right to terminate the Contractor’s right to proceed with the Work, or such part of the Work as to which there has been a failure to pay the required wages. In such event, the County may proceed with all other available rights and remedies as set forth herein and the full extent permitted by Law, including but not limited to completion of the Work by other means, The Contractor and its Surety shall be responsible for payment of any wages that are due and owning by law, along with any other costs and damages to the full extent permitted by law.

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F. Although the wage rates are the minimum hourly rates required by the specifications to be paid during the life of the Contract, it is the responsibility of the Bidders to inform themselves as to the local labor conditions such as the length of work day and work week, overtime compensation, health and welfare contributions, labor supply and prospective changes or adjustments of wage rates.

G No increase in Contract Price shall be allowed or authorized on account of payment of wage rates in excess of those stated in the New Jersey Prevailing Wage Act.

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49. New Jersey Business Registration Certificate

Pursuant to N.J.S.A. 52:32-44, Atlantic County (The “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

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50. Affirmative Action

The Bidder 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. Upon notification of award the Contractor shall complete an Initial Project Workforce Report Form AA-201 and submit a copy to the County and the NJ Division of Purchase and Property. Thereafter, the Contractor shall submit a copy of the Monthly Project Workforce Report Form AA-202 to the County and the NJ Division of Purchase and Property once per month for the duration of the contract. Forms, instructions and more information can be found at http://www.state.nj.us/treasury/contract_compliance.

51. Non-Discrimination

The provisions of N.J.S.A. 10:2-1 through 10:2-4, dealing with discrimination in employment on public contracts, and the Rules and Regulations promulgated pursuant thereunto, are hereby made a part hereof and shall be binding upon the successful Bidder in the performance of the Project for the County.

Every contract for or on behalf of the State or any county or municipality or other political subdivision of the State, or any agency of or authority created by any of the foregoing, for the construction, alteration or repair of any public building or public work or for the acquisition of materials, equipment, supplies or services shall contain provisions by which the contractor agrees that:

a. In the hiring of persons for the performance of work under this contract or any subcontract hereunder, or for the procurement, manufacture, assembling or furnishing of any such materials, equipment, supplies or services to be acquired under this contract, no contractor, nor any person acting on behalf of such contractor or subcontractor, shall, by reason of race, creed, color, national origin, ancestry, marital status, gender identity or expression, affectional or sexual orientation or sex, discriminate against any person who is qualified and available to perform the work to which the employment relates;

b. No contractor, subcontractor, nor any person on his behalf shall, in any manner, discriminate against or intimidate any employee engaged in the performance of work under this contract or any subcontract hereunder, or engaged in the procurement, manufacture, assembling or furnishing of any such materials, equipment, supplies or services to be acquired under such contract, on account of race, creed, color, national origin, ancestry, marital status, gender identity or expression, affectional or sexual orientation or sex;

c. There may be deducted from the amount payable to the contractor by the contracting public agency, under this contract, a penalty of $50.00 for each person for each calendar day during which such person is discriminated against or intimidated in violation of the provisions of the contract; and

d. This contract may be canceled or terminated by the contracting public agency, and all money due or to become due hereunder may be forfeited, for any violation of this section of the contract

I-15 occurring after notice to the contractor from the contracting public agency of any prior violation of this section of the contract.

No provision in this section shall be construed to prevent a board of education from designating that a contract, subcontract or other means of procurement of goods, services, equipment or construction shall be awarded to a small business enterprise, minority business enterprise or a women's business enterprise pursuant to P.L.1985, c.490

52. NJ PEOSHA

The successful Bidder will be required to comply with all applicable provisions of the N.J.

Public Employees Occupational Safety and Health Act, (N.J.S.A. 34:6A-25 et seq.), when providing any materials, supplies or services as part of the Work.

53. Worker and Community Right to Know Act

The manufacturer or supplier of a substance or mixture shall supply the Chemicals Abstracts Service number of all the components of the mixture or substance and the chemical name to the County to ensure that every container bears a proper label at a County facility, in accordance with P.L. 1982, Chap. 315, "the Worker and Community Right to Know Act," N.J.S.A. 34:5A-1 et seq. sub sect. b, sect. 14. Further, all applicable Material Safety Data Sheets (MSDS), a/k/a Hazardous Substance Facts Sheets, must be furnished to the County.

54. Buy American

Only manufactured and farm products of the United States, wherever available, shall be used in connection with this undertaking, pursuant to N.J.S.A. 40A:11-18.

55. One Call System–Call Before You Dig

Prior to performing any work that requires excavation; the Contractor shall be responsible for ascertaining underground utility locations and shall comply with the requirements of the New Jersey “One Call” system (Dial 8-1-1 or 1 (800) 272-1000).

56. The Atlantic County Recycling Program and Solid Waste Management Plan.

Bidders are advised that tThe Contractor shall to 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. Solid waste materials generated during performance of the Work shall be disposed of in accordance with the County Plan and Atlantic County Utilities Authority procedures.

Note: The Atlantic County Recycling Plan designates the following commercial and institutional materials as recyclable and mandates the recycling thereof.

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- Glass Food & Beverage containers: Clear, Amber, Green

- Newspapers

- Aluminum Beverage Cans

- Office Paper (White, Non-Colored)

- Computer Paper

- Cardboard

Additional information regarding compliance with Atlantic County's Solid Waste and Recycling Plan requirements is available by contacting the Atlantic County Utilities Authority, Attn: Sr. Vice President, Solid Waste Division, P.O. Box 996, Pleasantville, NJ 08232-0996 (609) 272-6913 (phone) (609) 272-6941 (fax) and on the web at ACUA.com

57. Americans with Disabilities Act

To request a reasonable accommodation of a disability, contact the ADA Coordinator at Telephone: (609) 645-7700 ext. 4519 (TTY uses NJ Relay 1-800-852-7899) at least five (5) business days prior to any meeting, inspection or other event.

58. Compliance with All Law

The Bidder’s preparation and submission of its Bid, together with the Bidder’s provision of all materials and goods, and the performance of all work and services as required to accomplish the Work as set forth herein, shall be subject to all applicable Federal, State and County ordinances, regulations and statutes. All statutes, rules and regulations that are applicable to the Work shall apply as if set forth in full herein. By submission of a Bid, the Bidder warrants and represents to the County that it is familiar with, and shall comply with all of the statutes, ordinances, rules and regulations that are applicable to the materials, goods, work and services required to accomplish the Work as set forth herein.

59 NJ PREA

Vendors that may work in the Atlantic County Harborfields Facility will be required to sign acknowledgement forms stating each worker has read the summary and is aware of and will comply with the NJ Prison Rape Elimination Act

60. Reference to Standards, Specifications and Regulations

Reference to standards, specifications, manuals or codes of any technical society, organization or association, or to the laws or regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard, specification, manual, code or laws or regulations in effect at the time of opening of the Bids, except as may be otherwise specifically stated in the Contract Documents. Contractor, all subcontractors and all of their suppliers acknowledge their familiarity and experience with generally accepted published standards of quality and workmanship applicable to the portions of the Work performed and services provided by them. The requirements of any indicated reference standard are hereby incorporated into the Contract Documents and made a part thereof, to the extent indicated by the applicable reference thereto, provided that the same are not contrary to or otherwise in conflict with any other

I-17 specification or requirement set forth in the Contract Documents. All work performed under this contract shall meet or exceed all applicable local, state and federal codes and regulations.

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61 Bidder’s Understanding of the Contract Documents

A. At the time of the opening of bids, each Bidder will be conclusively presumed to have read and to be thoroughly familiar with the Contract Documents, including all addenda and interpretations issued. The failure or omission of any bidder to receive or examine the Contract Documents and any addenda thereto or interpretations thereof shall in no way relieve the bidder from any obligation in respect of his bid.

B. By submitting a Bid, the Bidder warrants and represents that it has a thorough understanding of this Bid and of all goods, materials and operations necessary to provide the County with all materials, goods and services necessary to accomplish the Work as specified herein.

C. Each bidder must inform himself fully of the conditions under which the work will be performed. It is the responsibility of the bidder, by personal examination of the work site, the documents and such other records and resources as may be reasonably prudent for a duly qualified and experienced general contractor to develop its own knowledge and understanding of the materials, equipment and tasks necessary to accomplish the Work.

Bidders shall make their own estimates of the plant, labor, material, equipment, facilities and services needed to perform the work; with the prior consent of the County, to make any required tests and inspections and to evaluate the difficulties attending the execution of the proposed Contract, including local conditions, site conditions, location and availability of utilities, labor, transportation facilities, uncertainties of weather, subsurface conditions and other contingencies, to the degree that such examinations should be reasonably undertaken by a prudent, experienced general contractor.

D. Bidders are expected to read and become familiar with the Contract Documents, including all addenda. Failure of the bidder to do so will not relieve a bidder of the obligation to furnish all plant, labor, material, equipment, facilities and services necessary to carry out the provisions of the Contract Documents and to complete the required work for the consideration set forth in the bid.

E. The County does not assume any responsibility for any interpretation, determination or conclusion made or assumed by a bidder, arising from the bidder’s examination of the Contract Documents or other matters relevant to the Work, or arising from a bidder’s failure to make such examinations, to the degree that such examinations should have been reasonably undertaken by a prudent, experienced general contractor.

F. After the submission of its Bid, no Bidder shall be permitted to make any claims alleging insufficient data or incorrectly assumed conditions, nor shall any Bidder be permitted to claim any misunderstanding with regard to the nature, conditions or character of the Work or any elements thereof to be provided or performed hereunder, to the fullest extent that such conditions, character or nature of the work or elements thereof were known or should have been reasonably foreseen or anticipated by a prudent and experienced general contractor.

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62 No Express or Implied Representations

The County does not make any express or implied representations or warranties as to the accuracy of the information shown on drawings of previous construction or any interpretation of same. Prior to submission of bids, bidders shall ascertain by their own field inspections the accuracy of the information shown on any existing drawings or reports. It shall be the responsibility of each Bidder to verify all distances, measurements, quantities and locations in the field prior to submission of bids and as work proceeds after a Contract has been awarded.

Atlantic County will not be held responsible for a bidder’s failure to receive information due to the bidder’s failure to schedule Pre-Bid viewing of the project area.

63. Ethical Standards; Truth In Contracting Laws:

A Bidders should be aware of the following statutes that represent “Truth in Contracting” laws:

1. N.J.S.A. 2C:21-34 et seq., governs false claims and representations by bidders. It is a serious crime for the bidder to knowingly submit a false claim and/or knowingly make material misrepresentation.

2. N.J.S.A. 2C:27-10 provides that a public servant commits a crime if said public servant solicits or receives a benefit directly or indirectly, for an official act performed or to be performed by a public servant, which is a violation of official duty.

3. N.J.S.A. 2C:27-11 provides that a bidder commits a crime if said person, directly or indirectly, confers or agrees to confer any benefit not allowed by law to a public servant.

4. Bidder should consult the statutes or legal counsel for further information.

B. In addition to and without limitation upon any other law, rule or standards related to ethics in public bidding and contracting, take note that County employees are prohibited by policy from accepting gifts from vendors. Consequently, all bidders should be aware and should make all employees and representatives aware that they may not offer any item or material, irrespective of the perceived value of the item or material, to any County employee. Items and materials that have been or are intended to be discarded by the bidder shall not be offered or given to a County employee. Bidders must immediately report to the County Purchasing Agent any County employee who approaches the bidder, the bidder’s employees or representatives and solicits, requests or suggests in any way that the bidder provide something as a gift to a County employee.

64. Debarred Bidders

No work may be awarded to a Contractor or subcontractor who is included on the State Treasurer's List of Debarred, Suspended and Disqualified Bidders, or who has been debarred, suspended or disqualified by the State of New Jersey or by the Unites States government.

By submitting a Bid, the Bidder warrants to the County that neither the Bidder nor any of its

I-20 subcontractors is Debarred, Suspended or Disqualified by the State of New Jersey or by the government of the United States from an award of any public contract. This warranty to the County is in addition to any warranty or representation made by the Bidder in its Federal Debarment Certification.

65. Captions and Headings

Captions and headings used throughout…