camden BID 26-12 SADLER WATERFRONT.pdf

CITY OF CAMDEN

PURCHASING BUREAU

INVITATION FOR BIDS

This invitation is issued in order to establish a contract to supply the City of

Camden, NJ with the commodity or service in accordance with accompanying specifications.

CITY BID NO.: BID # 26-12

SPECIFICATIONS FOR: CONSTRUCTION OF SADLER’S POYNT/NORTH

CAMDEN WATERFRONT PARK, N. 6TH STREET AND

BRYON STREET, CITY OF CAMDEN, CAMDEN COUNTY

Federal Project No.: TAP-D00S(136) and NJDOT Job No. 5808399

BID OPENING DATE: TUESDAY, JULY 28, 2026 @ 11:00 AM

BID SUBMISSION: ONLY ELECTRONIC BIDS ACCEPTED. REGISTER via the City’s

Bidding System, Bids&Tenders at https://camden.bidsandtenders.net/Module/Tenders/en.

BID OPENING: CAMDEN CITY HALL

CITY COUNCIL CHAMBERS

520 MARKET STREET, SECOND FLOOR

CAMDEN, NJ 08102

**Bidders can log in to their registered account at this time for the bid results

Questions are due by 9:00 am on July 14, 2026

CONTACT PERSON: LATEEFAH CHANDLER

PURCHASING AGENT

TELEPHONE/FAX NO. (856) 757-7159

EMAIL. PURCHASINGFAX@CAMDENNJ.GOV

BID DEPOSIT: XXX

CERTIFICATE

OF SURETY: XXX

PERFORMANCE

BOND: XXX

ADVERTISEMENT OF BID

BY VIRTUE of the power of the City of Camden, the Purchasing Agent is hereby authorized to receive electronic Bid Submissions on July 28, 2026 @ 11:00 a.m. via the City’s E-Procurement

Portal, Bids&Tenders. Only electronic bids shall be accepted for:

BID #26-12

CONSTRUCTION OF SADLER’S POYNT/NORTH CAMDEN WATERFRONT PARK

N. 6TH STREET AND BRYON STREET

CITY OF CAMDEN, CAMDEN COUNTY

Federal Project No.: TAP-D00S(136) and NJDOT Job No. 5808399

SPECIFICATIONS, Drawings, Contract Documents may be obtained via the City’s Bidding

System, Bids&Tenders at https://camden.bidsandtenders.net/Module/Tenders/en. Bids must be submitted electronically through this platform before the designated date and time of the opening.

No Bidder may submit more than one bid. Any bid received after 11:00 am shall not be accepted in the Bids&Tenders system.

The City will open the bid at 11:00 am on July 28, 2026 in City Council Chambers, Second

Floor, City Hall, 520 Market Street, Camden, New Jersey. Bidders can log in to their registered account at this time for the bid results.

Each bid must be accompanied by Certified Check, Cashier’s Check or Bid Bond to the order of the City of Camden, in the amount equal to ten percent (10%) of the sum of the bid but not in excess of $20,000.00 together with a non-collusion affidavit. Bid Bonds may be submitted electronically via a digital bond confirmation uploaded within the Bids&Tenders solicitation or paper bid bond uploaded in the document section within the Bids&Tenders solicitation. Paper bid bonds, certified checks or cashier’s checks payable to the City of Camden may be mailed or dropped off in a sealed envelope bearing the name and address of the bidder and contract description on the outside to:

Purchasing Agent C/O City Clerk, City of Camden City Hall, Room 105, Sixth and Market Streets, Camden, New Jersey. Regardless of the method of submission, bid bond must be received by

Purchasing prior to the bid opening.

The Bidder to whom the City of Camden proposes to award the Contract will be required to furnish

Performance, Maintenance and Payment Bonds and the necessary insurance certificates as prescribed in the specifications upon the execution of the Contract.

Bidders must submit complete and detailed specifications of the product or service, which Bidder proposes to supply.

The right to reject all bids pursuant to N.J.S.A. 40A:11-13.2 and to award the contract to the lowest responsive, responsible bidder in accordance with applicable law is expressly reserved by the authority of the City Council of the City of Camden.

In order to perform public work, the Successful Bidder and Subcontractors prior to contract award shall hold or obtain such licenses as required by State Statutes, and federal and local Laws and

Regulations.

The Bidder must produce current “Certificates of Registration” from the New Jersey Department of Labor and Workforce Development for itself and each of its subcontractors.

The attention of Bidders is particularly called to the requirements as to the conditions of employment to be observed and the minimum wage rates to be paid under the contracts as determined by the New Jersey Department of Labor and Workforce Development (N.J.S.A. 34:11-

56.25 et seq.) and/or with the provisions of the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-

3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards

Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”).

Bidders are also required to comply with the requirements of Affirmative Action Regulation of N.J.S.A. 10:5-31 et seq. (P.L.1975, c.127) and Affirmative Action Compliance NJAC 17:27-1 et seq.

Proposals are being solicited through a fair and open process in accordance with N.J.S.A. 19:44A-

20.2, et seq., and as such, contractors are exempt from the limitations on making political contributions under that law. Further, for that reason, as well as because of a language in the New

Jersey's Annual Appropriations Act, refusal to disclose campaign contributions otherwise required by N.J.S.A.19:44A-20.2 et seq. and 19:44A-20.25 et seq., will not adversely affect your consideration for award.

Any questions concerning technical issues with the City’s Bids&Tenders electronic bidding system contact support@bidsandtenders.ca.

Lateefah Chandler

Purchasing Agent

June 26, 2026

City of Camden Instruction to Bidders

BIDDER’S CHECK LIST

Each bidder is reminded that every proposal must be submitted by the published date and time.

For construction bids, failure to submit the checklist is a fatal defect and the bid will be rejected.

This document serves only as a guide to bidders of the documents that are required to be submitted/uploaded with the bid.

Items submitted/uploaded with bid

(Bidder’s INITIALS)

_____ 1. P.L. 1999 Chapter 238 N.J.S.A. 40A-11-16 – Proof of “Public Works Contractor

Certificate of Registration” Bidder and Designated Subcontractors - Prior to award, but effective at time of bid**

_____ 2. * Bid Guarantee

_____ 3. * Bid Bond, Digital Bid Bond, Certified Check or Cashier's Check

_____ 4. * Certificate from a surety company (Consent of Surety)

_____ 5. * Statement of Ownership Disclosure

_____ 6. * Acknowledgment of Receipt of Notices, Revisions, or Addenda to the

Advertisement or Bid Documents

_____ 7. Non-Collusion Affidavit**

_____ 8. Certification of Bidder Regarding Non-Discrimination**

_____ 9. Copy of N.J. Business Registration Certificate – Bidder**

_____10. Copy of N.J. Business Registration Certificate – Designated Subcontractor(s)**

_____11. Right to Extend Award*

_____12. Equipment Certification**

_____13. State of New Jersey Debarred List and Ethics Complaint Affidavit**

14. Federal Non-Debarment Certification**

_____15. Disclosure of Investment Activities in Iran**

_____16. Certification of Non-Involvement in Prohibited Activities in Russia or Belarus **

_____17. Evidence of Insurance Certificate**

_____18. Lowest Bidder Prevailing Wage Certification**

The City prefers to have all of the requested documents submitted. However, items that are MANDATORY SUBMISSION with proposal are denoted with an *. Items that are Mandatory Submission Before Contract Award are denoted with two **.

PRINT NAME OF BIDDER:

SIGNED BY: ________________________________________________

PRINT NAME AND TITLE:

ADDRESS:

CITY, STATE, ZIP:

TELPHONE NUMBER:

EMAIL ADDRESS:

DATE

THIS CHECKLIST SHOULD BE INITIALED AND SIGNED WHERE

INDICATED AND RETURNED WITH ALL ITEMS

SUBMISSION OF BIDS

A. Bidders may edit or withdraw their Bid Submission prior to the closing date and time. However, the bidder is solely responsible to ensure the re-submitted bid is received by the Bidding System no later than the stated closing date and time. Once bids have been opened, they must remain firm for a period of sixty (60) calendar days, except that bids of any bidders who consent thereto may, at the request of The City of Camden, be held for consideration if necessary for such longer period as may be agreed.

B. Bidder shall complete and sign the Bidder’s Checklist and include it in the bid submission. For construction bids, failure to submit the checklist may be a fatal defect and cause the bid to be rejected. This document serves as a guide to bidders of the documents that are required to be uploaded within the

City’s Bids&Tenders Bidding System.

C. All prices and amounts must be provided for in the Bid Proposal Form in the

City’s Bids&Tenders Bidding System. Bids containing any conditions, omissions, unexplained erasures or alterations, items not called for in the bid proposal form, attachment of additive information not required by the specifications or irregularities of any kind may be rejected by the City in accordance with applicable law.

D. Each bid proposal form must give the full business address, business phone, fax, e-mail, the contact person of the bidder and be signed by an authorized representative. Bids by partnerships or limited liability companies (LLC) must furnish the full name of all partners/members and must be signed in the partnership/LLC name by one of the members of the partnership/LLC or by an authorized representative, followed by the signature and designation of the person signing. Bids by corporations must be signed in the legal name of the corporation, followed by the name of the state in which incorporated and must contain the signature and designation of the president, secretary or other person authorized to bind the corporation in the matter. Bids by sole-proprietorship shall be signed by the proprietor. When requested, satisfactory evidence of the authority of the officer signing shall be furnished.

E. Bidders must insert prices for furnishing all of the materials and/or labor required by these specifications. Prices shall be net, including any charges for packing, crating, containers, etc. All transportation charges shall be fully prepaid by the contractor F.O.B. destination and placement at locations specified by the City. As specified, placement may require inside deliveries.

No additional charges will be allowed for any transportation costs resulting from partial shipments made at the contractor's convenience.

F. The vendor shall guarantee any or all materials and services supplied under these specifications. Defective or inferior items shall be replaced at the expense of the vendor. In case of rejected materials, the vendor will be responsible for return freight charges.

G. Bidder should be aware of the following statues that represent “Truth in

Contracting” laws:

• 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;

• 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;

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

• Bidders should consult the statutes or legal counsel for further information

I. BID SECURITY

The following provisions if indicated by an (X), shall be applicable to this bid and be made a part of the bidding documents:

A. (X) BID GUARANTEE

Bidder shall submit with the bid a digital bid bond in the amount of ten percent (10%) of the total price bid, but not to excess of $20,000.00 payable unconditionally to the City. When submitting a Digital Bid Bond, it shall contain valid Power of Attorney authorizing the Attorney-in-Fact to execute the documents for the full amount of Bid Bond from a Surety Company authorized to do business in the State of New Jersey and acceptable to the

City. The bond of the unsuccessful bidder(s) shall be voided as prescribed by law. The bond of the bidder to whom the contract is awarded shall be retained until a contract is executed and the required performance bond or other security is submitted. The bond of the successful bidder shall be forfeited if the bidder fails to enter into a contract pursuant to N.J.S.A.

40A:11-21.

Failure to submit this shall be cause for rejection of the bid.

B. (X) CONSENT OF SURETY

Bidder shall submit with the bid a Certificate (Consent of Surety) with valid

Power of Attorney authorizing the Attorney-in-Fact to execute the documents for the full amount of bid price from a Surety Company authorized to do business in the State of New Jersey and acceptable to the

City stating that it will provide said bidder with a Performance and Payment

Bonds in the full amount of the bid.

This certificate shall be obtained in order to confirm that the bidder to whom the contract is awarded will furnish Performance and Payment Bonds from an acceptable surety company on behalf of said bidder, any or all subcontractors or by each respective subcontractor or by any combination thereof which results in performance security equal to the total amount of the contract, pursuant to N.J.S.A. 40A:11-22.

Failure to submit this shall be cause for rejection of the bid

C. (X) PERFORMANCE BOND

Successful bidder 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 do business in the State of New Jersey pursuant to N.J.S.A.

17:31-5. For multi-year contracts, the Performance Bond may be resubmitted each year on the Contract Anniversary Date for the amount remaining on the contract.

Failure to deliver this with the executed contract shall be cause for declaring the contract null and void pursuant to N.J.S.A

40A:11-22

D. (X) LABOR AND MATERIAL (PAYMENT) BOND

Successful bidder shall with the delivery of the performance bond submit an executed payment bond to guarantee payment to laborers and suppliers for the labor and material used in the work performed under the contract.

Failure to deliver this with the performance bond shall be cause for declaring the contract null and void.

E. (X) MAINTENANCE BOND

Successful bidder shall upon acceptance of the work submit a maintenance bond in the amount of one hundred percent (100%) guaranteeing against defective quality of work or materials for the period of:

2 years

The performance bond provided shall not be released until final acceptance of the whole work and then only if any liens or claims have been satisfied and any maintenance bonds required have been executed and approved by the City.

The surety on such bond or bonds shall be a duly authorized surety company authorized to do business in the State of New Jersey, N.J.S.A. 17:31-5.

II. SUBMISSION REQUIREMENTS

The City will open the bid per information provided on the cover page in City Council Chambers, Second Floor, City Hall, 520 Market Street, Camden, New Jersey. Bidders can log in to their registered account at this time for the bid results.

III. INTERPRETATION AND ADDENDA

A. The bidder understands and agrees that its bid is submitted on the basis of the specifications prepared by the City. The bidder accepts the obligation to become familiar with these specifications.

Potential respondents are cautioned that they are responding at their own risk if a third party supplied the specifications that may or may not be complete.

The City is not responsible for third party supplied documents. Respondents are urged to create a Bidding System Vendor account and register as a Plan taker for the bid opportunity.

B. Bidders are expected to examine the specifications and observe all their requirements. Ambiguities, errors or omissions noted by bidders should be promptly reported in writing to the appropriate official. Any prospective bidder who wishes to challenge a bid specification shall file such challenges in writing with the contracting agent no less than three (3) business days prior to the opening of the bids. Challenges filed after that time shall be considered void and have no impact on the contracting unit or the award of a contract pursuant to N.J.S.A. 40A:11-13. In the event, the bidder fails to notify the City of such ambiguities, errors or omissions, the bidder shall be bound by the bid.

C. Exceptions to Specifications

If the bidder's specifications for furnishing products or equipment are in any respect not the equivalent of the detailed City specifications, this discrepancy must specifically be called to the attention of the City in the bidder's proposal.

The City shall review the exceptions, if any, as noted and the reasons for those exceptions, and reserve the right to either reject or accept the exceptions and reasons as noted, if it proves to be in the best interest of the

City to do so.

D. No oral interpretation of the meaning of the specifications will be made to any bidder. Questions related to this bid are to be submitted to the

Purchasing Representative through the Bidding System only by clicking on the “Submit a Question” button for this specific bid opportunity. In order to be given consideration, written requests for interpretation must be received by the date specified in the bid opportunity. Any and all such interpretations and any supplemental instructions may be in the form of a written addenda to the specifications, and will be distributed to all prospective bidders, in accordance with N.J.S.A. 40A:11-23c-2.3. Bidders shall acknowledge receipt of any addenda through the Bidding System by checking a box for each addenda and any applicable attachment along with completing and uploading the “Acknowledgment of Receipt of Notices, Revisions, or

Addenda to the Advertisement or Bid Documents” provided herein. The

City's interpretations or corrections thereof shall be final.

It is the responsibility of the Bidder to have received all Addenda that are issued. Bidders should check online at https://camden.bidsandtenders.net prior to submitting their Bid and up until the Bid closing time and date in the event additional addendum are issued.

If a Bidder submits their Bid prior to the Bid closing time and date and an addenda have been issued, the Bidding System shall WITHDRAW the Bid submission and the Bid status will change to an INCOMPLETE STATUS and Withdraw the Bid. Bidders can view the status change in the “MY

BIDS” section of the Bidding System.

The Bidder is solely responsible to:

• Make required adjustments to their Bid; and

• Acknowledge the addenda; and

• Ensure the re-submitted Bid is RECEIEVD by the Bidding System no later than the stated bid closing time and date

E. Discrepancies in Bids

1. If the amount shown in words and its equivalent in figures do not agree, the written words shall be binding. Ditto marks are not considered writing or printing and shall not be used.

2. In the event that there is a discrepancy between the unit prices and the extended totals, the unit prices shall prevail. In the event, there is an error of the summation of the extended totals; the computation by the

City of the extended totals shall govern.

3. In the event that there is a discrepancy between the advertisement, as published, the e-procurement platform, and the City supplied bid documents, the bid documents shall govern.

F. Recommended Pre-Bid Conference

If applicable, as stated in the advertisement for bid. Attendance is not mandatory, but is strongly recommended. Failure to attend does not relieve the bidder of any obligations or requirements.

V. BRAND NAMES, PATENTS & STANDARDS OF QUALITY

A. Brand names and/or descriptions used in this are to acquaint bidders with the type of commodity desired and will be used as a standard by which alternate or competitive materials offered will be judged. Competitive items must be equal to the standard described and be of the same quality of work.

Variations between materials described and the materials offered are to be fully identified and described by the bidder on a separate sheet and submitted with the bid proposal form. Materials may be rejected by the City if they do not comply with specifications or if they for any reason bear evidence of poor workmanship, poor quality, or damage.

It is the responsibility of the bidder to demonstrate the equivalency of an item(s) offered. The City reserves the right to evaluate equivalency of an item(s), which in its deliberations meets its requirements. Failure to submit such documentation shall be grounds for rejection of the claim of equivalence. Vendor's literatures WILL NOT suffice in explaining exceptions to these specifications.

In the absence of any changes by the bidder, it will be presumed and required that materials as described in the proposal be delivered.

B. In submitting its bid, the bidders certifies that the merchandise to be furnished will not infringe upon any valid patent or trademark and that the successful bidder shall, at its own expense defend any and all actions or suits charging such infringement and will save the City harmless from any damages resulting from such infringement.

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

D. Wherever practical and economical to the OWNER, it is desired that recycled or recyclable products be provided. Please indicate when recycled products are being offered.

E. In the event of a public emergency declared at the local, state or federal level prior to the expiration of the contract, if the owner opts to extend terms and conditions of the contract, the contractor agrees to extend the terms and conditions of this specification, whether existing or expiring for no longer than six months, for goods and/or services for the duration of the emergency.

In the event the original contractor cannot meet this requirement, the City may solicit the goods and/or services from any respondent of this contract.

VI. INSURANCE & INDEMNIFICATION

A. Insurance Requirements

B. Certificates of the Required Insurance

Certificates as listed above shall be submitted prior to or along with the contract as evidence covering insurance amounts listed. All insurance shall be maintained in force during the life of this contract by the bidder. Such coverage shall be with an insurance company authorized to do business in the State of New Jersey and shall name the City of Camden, all elected and appointed officials, employees, and volunteers as additional insured. It must be an insurer with a Best’s rating of no less than “A” indicated compliance with the required coverages. The bidder/vendor must notify the City of

Camden immediately of any material change in insurance coverage such as changes in limits, coverages, status of policy, etc. The City of Camden reserves the right to require complete copies of insurance policies and/or change insurance limits at all times. Certificates for Worker's Compensation and Employer's Liability Insurance shall also be submitted.

Self-insured contractors shall submit an affidavit attesting to their self-insured coverage and shall name the owner as additional insured

Self-insured contractors shall submit an affidavit attesting to their self-insured coverage and shall name the owner as additional insured

Except as elsewhere provided herein, the SERVICE PROVIDER shall provide, at its own cost and expense, proof of the following insurance to the

City of Camden:

A. Workers Compensation: Statutory

B. Employers Liability $5,000,000

C. General Liability: $1,000,000(occurrence)/$3,000,000

(aggregate)

D. Automobile Liability: $1,000,000 per occurrence

C. Indemnification

Except as elsewhere provided herein, successful bidder will indemnify and hold harmless the City of Camden, all elected and appointed officials, employees, and volunteers from all claims, suits or actions and damages or costs of every name and description to which the City may be subjected or put by reason of injury to the person or property of another, or the property of the City, resulting from negligent acts or omissions on the part of the bidder, the bidder's agents, servants or subcontractors in the delivery of materials and supplies, or in the performance of the work under this agreement; the use of any copyrighted or copyrighted composition, valid trademark, secret process, patented or unpatented invention or article furnished or used in the performance of this contract.

D. Additional Insured Status

The City of Camden, all elected and appointed officials, employees, and volunteers shall be listed as additional insured for liability arising out of activities performed by or on behalf of the bidder/vendor. This can be achieved by providing: The following language on the face of the insurance certificate “The City of Camden, all elected and appointed officials, employees, and volunteers is included as additional insured” or Provide the

City with a copy of the Additional Insured Board Endorsement Form.

VII. PREPARATION OF BIDS

A. The City is exempt from any local, state or federal sales, use or excise tax.

B. Estimated Quantities (Open-End Contracts)

The City has attempted to identify the item(s) and the estimated amounts of each item bid to cover its requirements; however, past experience shows that the actual amount ordered differs than that submitted for bidding. The City reserves the right to decrease or increase the quantities specified in the specifications pursuant to N.J.A.C. 5:30-11.2 and 11.10.

NO MINIMUM PURCHASE IS IMPLIED OR GUARANTEED.

C. Successful bidder shall be responsible for obtaining any applicable permits or licenses from any government entity that has jurisdiction to require the same. All bids submitted shall include this cost in the bid price agreement.

VIII. STATUTORY AND OTHER REQUIREMENTS

A. Prompt Payment of Construction and Goods and Services Contracts

N.J.S.A. 2A:30A-2 (P.L. 2006, c.96) known as the “Prompt Payment” Law, Chapter 96 establishes timing standards for the payment of bills by both public and private sector organizations for a wide range of construction-related contractors.

N.J.S.A 40A:11-19.1 (P.L. 2018, c.127) establishes a prompt payment requirement that applies to goods and services contracts a contracting unit awards to a “business concern” under the Local Public Contracts Law

(LPCL)

B. Compliance with Laws

Any contract entered into between the contractor and the City must be in accordance with and subject to compliance by both parties with the New

Jersey Local Public Contracts Law. The contractor must agree to comply with the non-discrimination provisions and all other laws and regulations applicable to the performance of services there under. The respondent shall sign and acknowledge such forms and certificates as may be required by this section.

In addition, the contractor shall familiarize himself and comply with all

Federal, State and local laws, ordinances and regulations, which in any manner affect those engaged or employed in the, work, the materials or equipment to be used, or the conduct of the work. No plea or misunderstanding will be considered because of ignorance of the law.

C. Public Emergency

In the event of a Public Emergency declared at the Local, State or Federal

Level, if the City opts to extend terms and conditions of this RFP, the contractor agrees to extend the terms and conditions of this RFP, whether existing, expiring or expired no longer than six months, for goods and/or services for the duration of the emergency. In the event the original contractor cannot meet this requirement, the City may solicit the goods and/or services from any respondent of this contract.

D. Non-Allocation of Funding Termination

Each calendar year payment obligation of the City is conditioned upon the availability of City funds appropriated or allocated for the payment of such an obligation. If funds are not allocated and available for the continuance of any services performed by the Contractor hereunder, whether in whole or in part, the City at the end of any particular fiscal year may terminate such services. The City will notify the Contractor in writing immediately of any services that will be affected by a shortage of appropriated funds. This provision shall not be construed so as to permit the City to terminate this

Agreement during the term, or any service hereunder, merely in order to acquire identical services from a third party contractor.

E. Mandatory Affirmative Action Certification

No firm may be issued a contract unless it complies with the affirmative action regulations of N.J.S.A. 10:5-31 et seq. (P.L. 1975, c.127) and

N.J.A.C. 17:27-1 et seq. as administered by the Division of Purchase &

Property Contract Compliance Audit Unit and/or Department of Labor &

Workforce Development provided below. The contract will include the language included as Exhibit A and/or Exhibit B in this specification.

1. Goods, Professional and Service Contracts

All successful vendors must submit, within seven days after the receipt of the notice of intent to award the contract or the receipt of the contract, one of the following:

i. A photocopy of a valid letter for an approved Federal Affirmative

Action Plan (good for one year from the date of the letter), or

ii. A photocopy of an approved Certificate of Employee Information

Report, or

iii. If the vendor has none of the above, the public agency is required to provide the vendor with an initial Affirmative Action Employee

Information Report (AA-302).

2. Construction Contracts

All successful contractors must submit within three days of the signing of the contract an Initial Project Manning Report (AA-201-available upon request from the State's Affirmative Action Office) for any contract award that meets or exceeds the bidding threshold.

3. Construction & Demolition Contracts

All signs shall be removed at the time the job is completed. This requirement is a condition precedent to receipt of final payment.

4. Construction Requirements

Contractor shall fulfill all requirements imposed by the State of New Jersey and Federal governments on expenditures, grants, and other uses of money derived by the CITY from the State of New Jersey and the Federal governments. The contractor shall comply with all applicable laws, ordinances, and codes of the City of Camden.

F. Americans with Disabilities Act of 1990

Discrimination of the basis of disability in contracting for the purchase of bids and services is prohibited. The successful bidder is required to read

Americans with Disabilities language that is part of this specification and by submitting a bid through the City’s Bidding System agrees that the provisions of Title II of the Act are made a part of the contract. The successful bidder is obligated to comply with the Act and to hold the City harmless.

G. New Jersey Anti-Discrimination

The contract for this bid shall require that the contractor agrees, by submitting a bid through the City’s Bidding System, not to discriminate in employment and agrees to abide by all anti-discrimination laws including but not limited to N.J.S.A. 10:2-1.

H. Prevailing Wage Act

Pursuant to N.J.S.A. 34:11-56.25, et seq., successful bidders on projects for public work shall adhere to all requirements of the New Jersey Prevailing

Wage Act. The contractor shall be required to submit a certified payroll record to the City within ten (10) days of the payment of the wages. In the event it is found that any worker, employed by the contractor or any subcontractor has been paid a rate of wages less than the prevailing wage required to be paid, the owner 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 the contractor and subcontractor is then required to continue the work to completion or otherwise.

The contractor is also responsible for obtaining and submitting all subcontractors' certified payroll records within the aforementioned time period. The contractor shall submit said certified payroll records in the form set forth in N.J.A.C. 12:60-6.1(c), It will be the contractor's responsibility to obtain any additional copies of the certified payroll form to be submitted by contacting the New Jersey Department of Labor and Workforce

Development, Division of Wage & Hour Compliance.

N.J.S.A. 34:11-56.27 requires a contractor submitting the lowest bid for a contract that is subject to the Prevailing Wage Act, if that bid is 10 percent or more lower than the next lowest bid, to certify to the public body that the prevailing wage rates required by the Act shall be paid. If the bidder does not provide the certification prior to the award of the contract, the public body shall award the contract to the next lowest responsible and responsive bidder. N.J.S.A. 34:11-56.27 requires that any contract for public work expressly stipulate that workers performing work under the contract shall not be paid less than the required 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. The contractor and his sureties shall be liable for any excess costs occasioned thereby to the public body, any lessee to whom the public body is leasing a property or premises or any lessor from whom the public body is leasing or will be leasing a property or premises.

The current Camden County prevailing wage rate(s) to be utilized can be found at the following website:

https://www.nj.gov/labor/wagehour/wagerate/CurrentWageRates.html

I. Statement of Ownership

N.J.S.A. 52:25-24.2 provide that no business organization, regardless of form of ownership shall be awarded any contract for the performance of any work or the furnishing of any goods and services, unless, prior to the receipt of the bid or accompanying the bid of said business organization, bidders shall submit a statement setting forth the names and addresses of all persons and entities that own ten percent (10%) or more of its stock or interest of any type at all levels of ownership. The disclosure shall be continued until names and addresses of every noncorporate stockholder, and individual partner, and member exceeding the ten percent ownership, has been listed.

The included Statement of Ownership shall be completed and attached to the bid proposal. This requirement applies to all forms of business organizations, including, but not limited to, corporations and partnerships, publicly-owned corporations, limited partnerships, limited liability companies, limited liability partnerships, sole proprietorship, and Subchapter

S corporations. Failure to submit a disclosure document shall result in rejection of the bid as it cannot be remedied after bids have been opened.

Not-for-profit entities should fill in their name, check the not-for-profit box, and certify the form. No other information is necessary.

J. NJ Election Law Enforcement Commission (ELEC)

Contractors are advised of their responsibility to file an annual disclosure statement on political contributions with the New Jersey Election Law

Enforcement Commission (“ELEC”) pursuant to N.J.S.A. 19:44A-20.26-

20.27 (P.L. 2005, c.271, s.3) if a Contractor receives contracts in excess of

$50,000 from public entities in a calendar year. It is a Contractor’s responsibility to determine if filing is necessary. Additional information on this requirement is available from ELEC at 888-313-3532 or at www.elec.state.nj.us.

K. The New Jersey Worker and Community Right to Know Act (N.J.S.A. 34:5A-1 et seq., and N.J.A.C 8:59-1.1 et seq.)

The manufacturer or supplier of a chemical substance or mixture shall label them in accordance with N.J.S.A. 34:5A-1 et seq., and N.J.A.C 8:59-1.1 et seq. All direct use containers shall bear a label indicating the chemical name(s), and the Chemical Abstracts Service number(s) of all hazardous substances in the container, and all other substances which are among the five most predominant substances in the container or their trade secret registry number(s) pursuant to N.JA.C. 8:59-5. Further all applicable

Material Safety Date Sheets (MSDS) - hazardous substance fact sheet --must be furnished. All containers which are stored on site or in a City facility by the contractor or subcontractor shall display RTK labeling. Any questions regarding labeling, contact NJ Department of Health EOHAP.

L. Non-Collusion Affidavit

The Non-Collusion Affidavit, which is part of these specifications, shall be properly executed and submitted with the bid proposal via the City’s

Bidding System.

M. Proof of Business Registration

All New Jersey and out of state business organizations must provide a

Business Registration Certificate (BRC) from the Department of Treasury, Division of Revenue and Enterprise Services, prior to the time of contract award. However, the City suggests uploading this certificate via the City’s

Bidding System.

N. The Public Works Contractor Registration Act

N.J.S.A. 34:11-56.48 et seq. requires that a general or prime contractor and any listed subcontractors named in the contractor’s bid proposal shall possess a certificate at the time the bid proposal is submitted. After bid, proposals are received and prior to award of contract, the successful contractor shall submit a copy of the contractor’s certification along with those of all listed subcontractors. All non-listed subcontractors and lower tier sub-subcontractors shall be registered prior to starting work on the project. It is the general contractor’s responsibility that all non-listed subcontractors at any tier have their certificate prior to starting work on the job. No contractor/subcontractor will be permitted to bid on or engage in any contract for public work, as defined in N.J.S.A. 34:11-56.25 et. seq. unless that contractor/subcontractor is registered with the NJDOL. It applies to contractors/subcontractors based in New Jersey or in another state. The Act provides that upon registration with the Department, a public works contractor/subcontractor will be issued a certificate by the

Department indicating compliance with the Act’s requirement.

Therefore, all contractors are required to be registered and should submit a copy of their New Jersey Department of Labor & Workforce Development

Public Works Contractor “Registration Certificate” with their bid. Any contractor not in possession of such a certificate will not be permitted to bid or engage in a contract.

The following link provides a list of firms and individuals that have been debarred in accordance with the provisions of the New Jersey Prevailing

Wage Act from engaging in or bidding on Public Works Contracts in New

Jersey. Ensure neither your company nor your subcontractors are on this list:

https://www.nj.gov/labor/wageandhour/registration-permits/register/debarmentlist.shtml

O. Workplace Accountability in Labor List (WALL)

N.J.S.A. 34:1A-1.16(a)), any “person” in violation of State wage, benefit and tax laws, and with outstanding liabilities to NJDOL, may be named on the WALL. The law defines “person” as “any natural person, company corporate officer or principal, firm, association, corporation, contractor, subcontractor or other entity engaged in contracting.” The WALL is a list on

NJDOL’s website of businesses that have been found in violation of New

Jersey State wage, benefit and tax laws and have outstanding liabilities to

NJDOL under a final order/judgment. Any business whose name appears on the WALL is prohibited from public contracting.

Ensure neither your company nor your subcontractors are on this list:

https://www.nj.gov/labor/ea/osec/wall.shtml

P. Listing of Subcontractors

P.L 1997, c408 that amended the Local Public Contracts Law at N.J.S.A.

40A-11-16. The amendment established a requirement relating to the submission of construction bids, when the single prime contracting model is used, i.e., where all the work and materials required to complete the project are to be included in a single overall contract.

The law requires that, for single prime contracting bids, bidders that propose using more than one subcontractor for any of the four specialized

“sub-prime” categories must submit a certificate with their bids listing each subcontractor named in the bid for that category. Specifically, “the certificate shall set forth the scope of work for which the subcontractor has submitted a price quote and which the bidder has agreed to award to each subcontractor, should the bidder be awarded the contract.”

Q. Maintenance of Documents

Relevant records of private vendors or other persons entering into contracts with covered entities are subject to audit or review by OSC pursuant to N.J.S.A. 52:15C-14(d).

Pursuant to N.J.A.C. 19:70-1.6(b), the contractor/vendor to whom a contract has been awarded, shall maintain all documentation related to products, transactions or services under this contract for a period of five years from the date of final payment. Such records shall be made available to the New Jersey Office of the State Comptroller upon request.

R. Open Public Records Act (OPRA)

All documents/information, except for OPRA’s Exemptions from

Disclosure, submitted in response to this solicitation shall be available to the general public as required by the New Jersey Open Public Records Act

N.J.S.A. 47:1A-1 et seq.

S. Disclosure of Investment Activities in Iran

Pursuant to N.J.S.A. 40A:11-2.1; N.J.S.A. 52:32-58 any person or entity that is a successful bidder or proposer, or otherwise proposes to enter into or renew a contract must complete the certification below to attest, under penalty of perjury, 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 at:

http://www.state.nj.us/treasury/purchase/pdf/Chapter25List.pdf. Bidders must review this List prior to completing the below certification. Failure to complete the certification m a y render a bidder's proposal non-responsive.

If the Director finds a person or entity to be in violation of law, s/he shall take action as may be appropriate and provided by law, rule or contract, including but not limited to, imposing sanctions, seeking compliance, recovering damages, declaring the party in default and seeking debarment or suspension of the party.

T. Certification of Non-Involvement in Prohibited Activities in Russia or

Belarus

Pursuant to N.J.S.A. 52:32-60.1, et seq. and N.J.S.A.40A:11-2.2 any person or entity (hereinafter “Vendor”) that seeks to enter into or renew a contract with a local contracting unit subject to the Local Public Contracts Law for the provision of goods or services, or the purchase of bonds or other obligations, must complete the certification below indicating whether or not the Vendor is identified on the Office of Foreign Assets Control (OFAC)

Specially Designated Nationals and Blocked Persons list, available here:

https://sanctionssearch.ofac.treas.gov/. If the Department of the Treasury finds that a Vendor has made a certification in violation of the law, it shall take any action as may be appropriate and provided by law, rule or contract, including but not limited to, imposing sanctions, seeking compliance, recovering damages, declaring the party in default and seeking debarment or suspension of the party.

IX. RESERVATION OF CITY COUNCIL

The City Council will award the contract to the lowest responsible, responsive bidder, but reserves the right to reject any or all proposals and to waive any immaterial informality as may be permitted by law.

X. METHOD OF AWARD

A. All contracts shall be for 12 consecutive months unless otherwise noted in technical or supplemental specifications.

B. The City may award the work on the basis of the Base Bid, combined with such Options/Alternates as selected, until a net amount is reached which is within the funds available.

C. If the award is to be made on the basis of Base Bids only, it will be made to the responsible bidder whose Base Bid, therefore, is the lowest. If the award is to be made on the basis of a combination of a Base Bid with

Options/Alternates, it will be made to that responsible bidder whose net bid on such combination is the lowest.

D. The City may also elect to award the work on the basis of line items or unit prices, whichever results in the lowest total amount.

E. The successful bidder will not assign any interest in this contract and shall not transfer any interest in the same without the prior written consent of the

City. Intentions of this nature must be spelled out in detail with the subject bid - Note this under exceptions.

F. Pursuant to N.J.S.A. 40a:11-6.1(d), in the event of a tie in all aspects of bids, The City will award to the vendor whose response is most advantageous, price and other factors considered.

XI. REJECTION OF BID

A. All bids pursuant to N.J.S.A. 40A:11-13.2

B. Availability of Funds

Pursuant to statutory requirements, any contract resulting from this bid shall be subject to the availability and appropriation of sufficient funds annually.

C. Multiple Bids Not Allowed

More than one bid from an individual, a firm or partnership, a corporation or association under the same or different names or an agent representing competing bidders shall not be considered.

D. Unbalanced Bids

Bids, which are obviously unbalanced, may be rejected.

E. Unsatisfactory Past Performance

Bids received from bidders who have previously failed to complete contracts within the time scheduled therefore, or who have performed prior work for the City in an unacceptable manner, may be rejected.

F. Failure to Enter Contract

Should the bidder, to whom the contract is awarded, fail to enter into a contract within 10 days, Sunday and holidays excepted, the City may then, at its option, accept the bid of the next lowest responsible bidder.

XII. TERMINATION OF CONTRACT

A. If, through any cause, the successful bidder shall fail to fulfill in a timely and proper manner obligations under this contract or if the contractor shall violate any of the requirements of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the contractor of such termination and specifying the effective date of termination. Such termination shall relieve the City of any obligation for balances to the contractor of any sum or sums set forth in the contract.

B. The City may terminate this contract at its convenience at any time by giving written notice to contractor of such termination and specifying the effective date thereof at least seven days before the effective date of such termination. In the event, all finished or unfinished materials prepared under this agreement shall at the option of the City become its property.

In the event of termination for the convenience of the City, contractor shall be paid in accordance with the amount expended in performing its services, and for that portion of the actual out of pocket expenses (not otherwise reimbursed under this contract) incurred by contractor during the contract period which are directly attributable to the uncompleted portion of the services covered by this contract.

C. Notwithstanding the above, the contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the contractor and the City may withhold any payments to the contractor for the purpose of compensation until such time as the exact amount of the damage due the City from the contractor is determined.

D. The contractor agrees to indemnify and hold the City harmless from any liability to subcontractors/suppliers concerning payment for work performed or goods supplied arising out of the lawful termination of the contract by the

City under this provision.

E. In case of default by the successful bidder, the City may procure the articles or services from other sources and hold the successful bidder responsible for any excess cost occasioned thereby.

F. Continuation of the terms of this contract beyond the calendar year is contingent on availability of funds in the following year's budget. In the event of unavailability of such funds, the City reserves the right to cancel this contract.

G. All contracts and agreements entered into by the qualified municipality during the rehabilitation term pursuant to P.L.2002, c.43 (C.52:27BBB-1 et al.) shall contain provisions stating that the City may upon 30 days’ notice, terminate the contract or agreement for any reason without payment of penalty or damages.

CONSENT OF SURETY

TO:

(OWNER)

RE:

(CONTRACTOR)

(PROJECT DESCRIPTION)

This is to certify that the

(Surety Company)

Will provide to a Performance Bond

(Owner)

In the full amount of awarded contract along with any other applicable bonds, in the event that said contractor is awarded a contract for the above noted project.

(Contractor)

(Authorized Agent of Surety Company)

Date:

CONSENT OF SURETY MUST BE SIGNED BY AN AUTHORIZED AGENT OR

REPRESENTATIVE OF A SURETY COMPANY AND NOT BY THE INDIVIDUAL OR

COMPANY REPRESENTATIVE SUBMITTING THE BID.

EXHIBIT B

MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE

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

N.J.A.C. 17:27-1.1 et seq.

CONSTRUCTION CONTRACTS ONLY

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

The contractor or subcontractor, where applicable, will not discriminate against any employee or applicant for employment…