ocean cityConstruction_of_a_New_Airport_Terminal_Building_at_the_Ocean_City_Municipal_Airport_(26N).pdf

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City of Ocean City Ocean City, NJ 08226

CONSTRUCTION OF A NEW AIRPORT TERMINAL BUILDING

AT THE OCEAN CITY MUNICIPAL AIRPORT (26N)

Project ID: City Contract #26-09

RELEASE DATE: August 31, 2026

RESPONSE DEADLINE: October 1, 2026, 2:00 pm

Please refer to the project timeline in this document for all important deadlines.

#City Contract #26-09 Title: Construction of a New Airport Terminal Building at the Ocean City Municipal Airport (26N)

Table Of Contents

1. General Instructions & Conditions for City Contracts

2. Bid Security & Bonding Requirements

3. Interpretations & Addenda

4. Brand Names, Standards of Quality & Performance

5. Insurance & Indemnification

6. Pricing Information for the Preparation of the Bid Proposals

7. Modification or Withdrawal of Bid Proposals

8. Statutory & Other Requirements

9. Payment & Change Orders

10. Standardized Changed Conditions Clauses (N.J.S.A. 40A:11-16.7 & 16.8)

11. Value Engineering

12. Length of the Contract & Liquidated Damages

13. Pricing Proposal

14. Construction Solicitation Form Uploads

Attachments:

A - 023O - 260828 - BID DRAWINGS

B - 023O - 260828 - BID SPECIFICATIONS

1. General Instructions & Conditions for City Contracts

1.1. Summary & Timeline

The City of Ocean City is seeking proposals from qualified contractors to construct a new terminal building at the Ocean

City Municipal Airport.

Release Project Date: August 31, 2026

Pre-Proposal Meeting (Non-Mandatory): September 9, 2026, 11:00am

City Hall 3rd Floor Council Chambers, 861

Asbury Avenue, Ocean City, NJ 08226

Question Submission Deadline: September 21, 2026, 2:00pm

Response Submission Deadline: October 1, 2026, 2:00pm

1.2. Submissions of Bid Proposals

1. Instruction to bidders, forms and specifications may be examined online through the OpenGov E-Procurement

Platform which is accessible via hps://procurement.opengov.com/portal/ocnj.

2. Sealed bid proposals shall be received by the City of Ocean City, hereinafter referred to as “City,” in accordance with public advertisement as required by Law.

3. All bid proposals shall be received electronically through the OpenGov E-Procurement Platform which is accessible via www.ocnj.us/bids on or before the time and date specified. Access to the bid solicitation is closed promptly at 2:00pm, EST, on the date of bid opening.

4. Sealed bid proposals submitted before the scheduled time of opening of bid proposals may be withdrawn, edited, and/or resubmitted up to 2:00pm, EST via the OpenGov E-Procurement Platform. Once bid proposals have been opened by the City, their pricing shall remain firm and fixed for a minimum time period of sixty

(60) calendar days and/or an additional timeframe that may have been agreed upon by the bidder.

5. More than one bid proposal from an individual, a firm or partnership, a corporation or association under the same names shall not be considered by the City.

6. Bid proposals containing any conditions, omissions, unexplained erasures or alterations, items not called for on the bid proposal form, attachment of additional information not required by the specifications, or irregularities of any kind, may be cause for rejection by the City in accordance with applicable law.

7. The bid proposal form shall be required to give the full business address, business telephone number, fax number, e-mail address, the contact person of the bidder, and shall be signed by an authorized representative as follows:

i. Bid proposals by partnerships shall be signed in the partnership name by one of the members of the partnership or by an authorized representative, followed by the signature and designation of the person signing.

ii. Bid proposals by corporations shall 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.

iii. Bid proposals by sole-proprietorship shall be signed by the proprietor.

iv. When requested, satisfactory evidence of the authority of the officer signing shall be furnished.

8. All bidders should be aware of the following statutes that represent “Truth in Contracting” Laws:

i. Whereas, 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 misrepresentations.

ii. Whereas, N.J.S.A. 2C:27-10 provides that a public servant commits a crime and 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.

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

iv. Bidders should consult the State statutes or legal counsel for further guidance and information.

9. Pay-to-Play Disclosure - Business entities are advised of their responsibility to file an annual disclosure statement of political contributions with the New Jersey Election Law Enforcement Commission (ELEC) pursuant to N.J.S.A. 19:44A-20.27, if they receive contracts in excess of $50,000.00 dollars from public entities in a given calendar year. All business entities are responsible for determining if filing is necessary, Additional information on this requirement is available from ELEC @ (888)-313-3532 or www.elec.state.nj.us.

10. All clarification and addenda shall be available on the OpenGov E-Procurement Platform as they are issued.

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.

11. To better insure fair competition and to permit a determination of the lowest responsible bidders, bid proposals may be rejected if they show any omission, irregularities, alteration of forms, additions not called for, conditional or unconditional, non-responsible bids or bid proposals that obviously appear to be unbalanced in nature.

2. Bid Security & Bonding Requirements

2.1. Bid Guarantee

1. Bidders shall be required to submit with the bid proposal an electronic bid bond in the amount of ten (10%) percent of the total price bid, but not in excess of $20,000.00 dollars, payable unconditionally to the City.

When submitting an electronic Bid Bond, it shall contain Power of Attorney for 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 returned pursuant to N.J.S.A. 40A:11-24a. The bond of the bidder to whom the contract has been awarded shall be retained until a contract has been fully executed and the required performance bond or other required security has been 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. When it is necessary to provide a sealed certified check instead of an electronic bond, arrangements must be made in advance with a representative of the City Purchasing Department to ensure that the sealed certified check is received in advance of the bid opening date and time.

2. The electronic Bid Bond shall include a valid Power of Attorney authorizing the Attorney-in-Fact to execute the documents. Failure to submit a bid guarantee shall result in rejection of the bid proposal. When required, failure to submit a Bid Guarantee shall result in the immediate rejection of the bid proposal.

2.2. Consent of Surety

1. All bidders shall be required to submit with their bid proposal an electronic Certificate (Consent) of Surety with Power of Attorney 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 shall without exception provide said bidder with a Performance Bond in the full amount of the bid proposal. 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.

2. The electronic Consent of Surety shall include a valid Power of Attorney authorizing the Attorney-in-Fact to execute the documents. When and where required, failure to submit a Consent of Surety shall result in the immediate rejection of the bid proposal.

2.3. Performance Bond

1. The successful bidder shall simultaneously with the delivery of the executed contract, submit an executed performance bond in the amount of one-hundred (100%) percent of the acceptable bid proposal as security for the faithful performance of this contract.

2. 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. The surety on such bond or bonds shall be a dully authorized surety company authorized to do business in the State of New Jersey pursuant to N.J.S.A. 17:31-7. For multi-year contracts, the Performance Bond may be resubmitted each year on the Contract Anniversary Date for the amount remaining on the contract.

3. Failure to submit this required Performance Bond with the executed contract shall be considered just cause for declaring the contract null and void pursuant to N.J.S.A. 40A:11-22.

2.4. Labor & Material (Payment) Bond

1. The successful bidder shall be required to supply with the delivery of the performance bond submit an executed payment bond to guarantee payment to laborers and suppliers for all of the labor and material utilized in connection with the work performed under the contract.

2. Failure to submit a Labor & Material Bond with the Performance Bond shall be considered just cause for declaring the contract null and void.

2.5. Maintenance Bond

1. Upon final acceptance of the work by the City, the Contractor shall be required to submit a Maintenance Bond

(N.J.S.A. 40A:11-16.3) in an amount not to exceed fifteen (15%) percent of the project costs guaranteeing against defective quality of workmanship or materials for the period of:

__X__2 Years

3. Interpretations & Addenda

1. The bidder understands and agrees that its bid proposal shall be submitted on the basis of the specifications prepared by the City. The bidder shall accept the full obligation and responsibility to become familiar with the specifications and associated bid documents & plans, if applicable.

2. All bidders are expected to examine the specifications and the associated bid documents with care and to observe all the requirements contained therein. Ambiguities, errors or omissions noted by bidders should be promptly reported through the OpenGov E-Procurement Platform. Any prospective bidder who wishes to challenge a bid specification or the associated bid documents shall be required to file such challenges through the OpenGov E-Procurement Platform no less than seven (07) business days prior to the scheduled opening of the bid proposals. Challenges filed after that time shall be considered void and have no impact on the City or the award of a contract pursuant to N.J.S.A. 40A:11-13. In the event that the bidder fails to notify the City of such ambiguities, errors or omissions, the bidder shall be bound by the requirements of the specifications and the bidder’s submitted bid proposal.

3. No oral interpretation and/or clarification of the meaning of the specifications for any goods and services shall be made to any bidder by the City. Any bidder or bidders finding any discrepancy in or omission from the specifications and/or the associated bid documents, in doubt as to their meaning, or feels that the specifications are discriminatory in nature, shall notify the City through the OpenGov E-Procurement Platform.

Exceptions, as taken, in no way shall obligate the City to change the specifications. The City shall notify all prospective bidders, by addendum duly issued in accordance with N.J.S.A. 40A:11-23(c), of any interpretations or changes made to specifications or instructions. Said addenda notice shall be posted on the

OpenGov E-Procurement Platform and shall be in accordance with N.J.S.A. 40A:11-23(c). All potential bidders shall be required to periodically check the City’s OpenGov E-Procurement Platform for any said changes, addenda or additional bid information that may have been posted.

4. All interpretations, clarifications and any supplemental instructions shall only be in the form of posted clarification and/or addenda to the specifications and notice shall be provided to all potential bidders that have received the plans and specifications or who have submitted a bid submission. All addenda so issued shall become part of the specification and the associated bid documents and shall be acknowledged by the bidder in the bid proposal package by completing the Acknowledgement of Receipt of Addenda Form. The

City’s interpretations or corrections thereof shall be considered final.

5. Pursuant to N.J.S.A. 40A:11-23(c)(1) when issuing addenda, the City shall provide the required notice prior to the official receipt of the bid proposals to any person who has submitted a bid proposal or who has received a bid proposal package. They shall be sent through the OpenGov E-Procurement Platform. It is highly recommended that all bidders include the notification email address in their recipient e-mail’s contact list to ensure that the transmission is not routed to a spam or junk e-mail folder.

6. Discrepancies in Bid Proposals

a. In the event that there is a discrepancy between the unit prices and the extended totals, the unit prices shall prevail. In this case the proper extended price shall be recalculated by the City when preparing the

Bid Summary Forms and shall be utilized for purposes of award of the contract.

b. In the event that there is an error of the summation of the extended totals, the computation by the City of the extended totals shall govern.

7. Optional Pre-Bid Conference (Non-Mandatory)

a. Attendance to the Pre-Bid Conference is not considered mandatory by Law, but it is strongly recommended by the City that all potential bidders attend when and where possible. Failure to attend does not relieve the bidders of any obligations and/or requirements of the contract.

4. Brand Names, Standards of Quality & Performance

1. Brand names and/or the descriptions utilized in these specifications are to acquaint bidders with the types of goods and services desired and shall be used as a standard by which the goods and services offered as equivalent shall be evaluated and compared.

2. When a specification uses a "brand name and/or equivalent," the listed brand name shall serve as a reference or a point of comparison for the functional or operational characteristics desired for the good or service being requested. Where a bidder submits an equivalent, it shall be the sole responsibility of the bidder to adequately document the equivalence claim. Failure to submit such documentation when specified, shall be considered just cause for the rejection of the claim of equivalence.

3. In submitting its bid proposal, the bidder certifies that the goods and services to be furnished shall 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 shall save the City harmless from any damages resulting from such infringement claims or judgements.

4. The Contractor shall fully guarantee any or all goods and services supplied under these specifications.

Defective or inferior goods shall be replaced at the expense of the Contractor. The Contractor shall be responsible for all return freight and/or restocking charges.

5. Insurance & Indemnification

The insurance documents indicated shall include but are not limited to the following coverages. The successful bidder shall provide coverage so that all insurance coverages shall be in effect no later than 12:01 A.M., EST at the start of the day of the contract and remain in effect for the duration of the contract, including any extensions.

5.1. Insurance Requirements

a. Worker’s Compensation Insurance

i. Worker’s Compensation Insurance shall be maintained in full force during the life of the contract, covering all employees engaged in performance of the contract pursuant to N.J.S.A. 34:15-12(a) &

N.J.A.C. 12:235-1.6.

b. Commercial General Liability Insurance

i. Commercial General Liability Insurance shall be provided with limits of not less than $1,000,000.00 dollars each occurrence and $3,000,000.00 dollars general aggregate, and shall be maintained in full force during the life of the contract.

c. Comprehensive Automotive Liability Insurance

i. Comprehensive Automotive Liability Insurance covering the Contractor for claims arising from owned, leased and non-owned vehicles with limits of not less than $1,000,000.00 dollars each accident and $1,000,000.00 dollars combined single limit, and shall be maintained in full force during the life of the contract.

d. Umbrella & Excess Umbrella Liability Insurance

i. Umbrella & Excess Umbrella Liability Insurance in the amount not less than $3,000,000.00 dollars, giving protection in excess of the Commercial General & Comprehensive Automotive Liability

Insurances.

e. Other forms of insurance as may be required or specified elsewhere in the specifications.

5.2. Certificates of the Required Insurance

1. Certificates of Insurance for those required policies as stated above shall be submitted with the executed contract. Such coverage shall be with an insurance company that is authorized to do business in the State of

New Jersey and shall name both the City and their engineer or architect of record as an additional insured.

2. Self-insured contractors shall submit an affidavit attesting to their self-insured coverage and shall name the

City and their engineer or architect of record as an additional insured.

5.3. Indemnification

1. The Contractor shall indemnify and hold harmless the City, its officers, agents, servants, and employees 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:

a. Negligent acts or omissions on the part of the Contractor, the Contractor's agents, servants or subcontractors in the delivery of goods and services, or in the performance of any of the work under the contract; and

b. The use of any copyrighted or copyrighted composition, valid trademark, secret process, patented or unpatented invention or articles furnished or utilized in the performance of this contract.

2. The Contractor shall be required on all certificates to specifically mention the hold harmless contract.

3. The Contractor shall be required to sign a hold harmless agreement upon execution of the signed contract.

6. Pricing Information for the Preparation of the Bid Proposals

1. The City is exempt from any local, State, or Federal sales, use or excise tax. The City will not pay for N.J.

State Sales and Use Tax that are included in any invoices.

2. 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 has shown that the amount ordered may be different than that which has been submitted for bidding purposes. The City shall reserve the right to decrease or increase the quantities specified in the specifications pursuant to N.J.A.C. 5:30-11.2 &

11.10. No minimum purchase shall be implied and/or guaranteed by the City.

3. The Contractor shall be responsible for obtaining any applicable permits or licenses from any government entity that has jurisdiction to require the same. All bid proposals submitted shall have these cost included in the overall contract price.

4. The City shall retain all of its rights and interest in any and all documents and property both hard copy and digital furnished by the City to the successful bidder (Contractor) for the purpose of assisting the Contractor in the performance of this contract. None of the documents and/or property shall, without the written consent of the City, be disclosed to others or utilized by the Contractor or permitted by the Contractor to be used by their parties at any time except in the performance of the resulting contract.

5. In the event of a declared public emergency at the local, county, state and/or federal level prior to the expiration of the contract, if the City 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 (06) months, for goods and/or services for the duration of the stated emergency.

6. Discounts to be Offered - Time in connection with prompt payment discounts offered shall be computed from the date that the Contractor's payment invoice and properly completed City payment voucher are received by the City’s Accounts Payable Division Office.

7. Percentage discounts for payment of invoices in twenty (20) days or more shall be considered in the evaluation of the bid proposals, when requested on the bid proposal form(s). Shorter discount periods shall not be considered by the City in the evaluation of the bid proposals.

8. Patent Rights - Whenever any materials, process, composition or thing call for in the specifications are covered by letter patents, the successful bidder shall be required to secure before utilizing or employing such materials, process, composition or thing, the assent in writing of the City or licensee of such letter patents and file same with the City Purchasing Manager.

9. The City reserves the right to charge the Contractor the amounts as stated in the technical specifications, for each day the materials, supplies or services are not delivered in accordance with the delivery and/or work completion schedule. The per diem charge may be invoked at the discretion of the City, said sum to be taken as liquidated damages and deducted from the bid deposit or final payment or charged back to the Contractor.

10. The Contractor shall not have the right to use, sell, or disclose the total of the interim or final work products, or make available to third parties, without the prior written consent of the City. Any information supplied to the City may be required to be supplied on CD/DVD or USB flash drive media compatible with Microsoft

Windows, and Microsoft Office Suite 2010 or greater.

11. Proof of licensure for any activity regulated by the State of New Jersey and any required work required covered under this specification, for either the firm or the person responsible for said work, shall be provided as may be required by the City.

12. The City reserves the right to claim liquidated damages in accordance with N.J.S.A. 40A:11-19. If deemed necessary by the City’s legal counsel.

7. Modification or Withdrawal of Bid Proposals

1. A bid proposal that has been submitted through the OpenGov E-Procurement Platform, provided it has been received prior to the date and time of the scheduled bid proposal opening, may be modified or withdrawn up to the date and time of bid opening.

2. Whereas, N.J.S.A. 40A:11-23.3 authorizes a bidder to request the withdrawal of a public works bid 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 computational error or an unintentional omission of a substantial quantity of labor, material, or both, from the final bid computation.

3. A bidder claiming a mistake under N.J.S.A. 40A:11-23.3 shall be required to submit a request for withdrawal, in writing, by certified or registered mail to the City Purchasing Division. The bidder shall be required to request withdrawal of a bid due to a mistake, as defined by the Law, within five (05) business days after the receipt and opening of the bid proposals. Since the bid proposal withdrawal request shall be effective as of the postmark of the certified or registered mailing, the City Purchasing Manager may contact all bidders, after bid proposals are opened, to ascertain if any bidders wish to, or already have exercised a request to withdraw their bid proposal pursuant to N.J.S.A. 40A:11-23.3.

4. A bidder’s request to withdraw the bid proposal shall contain evidence, including any pertinent documents, demonstrating that an actual mistake was made. Such documents and relevant written information shall be reviewed and evaluated by the City’s designated professional staff pursuant to the statutory criteria of

N.J.S.A. 40A:11-23.3.

5. The City shall not consider any written request for a bid proposal withdrawal for a mistake, as defined by

N.J.S.A. 40A:11-2(42), by a bidder in the preparation of a bid proposal unless the postmark of the certified or registered mailing is within the five (05) business days following the opening of bid proposals.

8. Statutory & Other Requirements

The following are mandatory requirements of this bid solicitation and contract.

8.1. Mandatory Affirmative Action Certification

No firm may be issued a contract unless it complies with the affirmative action provisions of N.J.S.A. 10:5-31 et seq. &

N.J.A.C. 17:27-1 et seq. as administered by the Division of Purchase & Property Contract Compliance and Audit Unit

(Division) and provided below. The Contract shall include the language included as 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 for Construction Contracts.

8.2. Construction Contracts

1. Each contractor shall submit to the public agency, after notification of award but prior to execution of a construction contract, one of the following three documents:

a. Each Contractor shall be required to submit the affirmative action form to the City, after notification of award, but prior to execution of a construction contract. The Contractor shall submit to the City’s compliance officer and the Division of Contract Compliance and Equal Employment Opportunity in Public

Contracts (Division) and initial project workforce report (Form AA-201) which can be viewed online at NJ

Treasury and provided to the City by the Division for distribution to and completion by the Contractor, in accordance with N.J.A.C. 17:27-8

b. The Contractor shall also be required to submit a copy of the monthly Project Workforce Report, once a month thereafter for the duration of the contract to the Division and to the City’s Compliance Officer. The

Contractor shall also cooperate with the City in the payment of budgeted funds, as is necessary, for on-the job and/or off-the-job programs for outreach and training of minorities and women as prescribed by

Law.

c. The provisions of Chapter 127. Public Laws of 195 are applicable to this contract. All bidders are required to familiarize themselves and comply with the requirements of this statute. Prospective bidders shall be required to complete the Affirmative Action Affidavit or comply with other requirements of the Law as applicable.

8.3. New Jersey Anti-Discrimination Law

The contract for this bid proposal shall require that the Contractor agrees not to discriminate in employment and agrees to abide by all antidiscrimination laws including but not limited to N.J.S.A. 10:2-1 as listed below:

1. Pursuant to N.J.S.A. 10:2-1, if awarded a contract, the Contractor agrees that: 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;

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; and

There may be deducted from the amount payable to the Contractor by the contracting public agency, under this contract, a penalty of $50.00 dollars 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

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 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 (C.18A:18A-51 et seq.)

8.4. Americans with Disabilities Act of 1990

1. Discrimination on the basis of disability in contracting for construction contracts is prohibited. If awarded the contract, the Contractor is required to comply with requirements related to the Americans with Disabilities Act as provided below. The Contractor is obligated to comply with the Act and to hold the city harmless for any violations committed under the contract.

Disabilities Act of 1990 (the "Act") (42 U.S.C. S121 01 et seq.), which prohibits discrimination on the basis of disability by public entities in all services, programs, and activities provided or made available by public entities, and the rules and regulations promulgated pursuant there unto, are made a part of this contract. In providing any aid, benefit, or service on behalf of the City pursuant to this contract, the Contractor agrees that the performance shall be in strict compliance with the Act. In the event that the Contractor, its agents, servants, employees, or subcontractors violate or are alleged to have violated the Act during the performance of this contract, the Contractor shall defend the City in any action or administrative proceeding commenced pursuant to this Act. The Contractor shall indemnify, protect, and save harmless the City, its agents, servants, and employees from and against any and all suits, claims, losses, demands, or damages, of whatever kind or nature arising out of or claimed to arise out of the alleged violation.

The Contractor shall, at its own expense, appear, defend, and pay any and all charges for legal services and any and all costs and other expenses arising from such action or administrative proceeding or incurred in connection therewith. In any and all complaints brought pursuant to the City’s grievance procedure, the contractor agrees to abide by any decision of the City which is rendered pursuant to said grievance procedure. If any action or administrative proceeding results in an award of damages against the City, or if the City incurs any expense to cure a violation of the American Disability Act (ADA) which has been brought pursuant to its grievance procedure, the Contractor shall satisfy and discharge the same at its own expense.

The City shall, as soon as practicable after a claim has been made against it, give written notice thereof to the contractor along with full and complete particulars of the claim, if any action or administrative proceeding is brought against the City or any of its agents, servants, and employees, the city shall expeditiously forward or have forwarded to the contractor every demand, complaint, notice, summons, pleading, or other process received by the City or its representatives.

It is expressly agreed and understood that any approval by the City of the services provided by the

Contractor pursuant to this contract will not relieve the Contractor of the obligation to comply with the Act and to defend, indemnify, protect, and save harmless the City pursuant to this paragraph.

It is further agreed and understood that the City assumes no obligation to indemnify or save harmless the

Contractor, its agents, servants, employees and subcontractors for any claim which may arise out of their performance of this Agreement. Furthermore, the Contractor expressly understands and agrees that the provisions of this indemnification clause shall in no way limit the Contractor’s obligations assumed in this

Agreement, nor shall they be construed to relieve the Contractor from any liability, nor preclude the City from taking any other actions available to it under any other provisions of the Agreement or otherwise by Law.

8.5. Statement of Ownership Disclosure

1. Whereas, N.J.S.A. 52:25-24.2 provides 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 proposal of said business organization, bidders shall submit a statement setting forth the names and addresses of all persons and entities that own ten

(10%) percent 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 non-corporate stockholder, and individual partner, and member exceeding the ten percent ownership, has been listed.

2. The included Statement of Ownership Disclosure shall be completed and submitted with 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 corporations, limited liability partnerships, sole proprietorship, and Subchapter S Corporations. Failure to submit the Statement of

Ownership Disclosure document shall result in the immediate rejection of the bid proposal, as it cannot be remedied by Law after bid proposals have been received.

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

8.6. Proof of the New Jersey Business Registration Certificate (BRC)

1. Pursuant to N.J.S.A. 52:32-44, the City of Ocean City 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 (BRC) on file with the Division of Revenue

& Enterprise Services within the New Jersey Department of the Treasury.

2. Prior to the award of the contract and/or authorization, the Contractor shall be required to provide the City of

Ocean City with its proof of business registration and that of any of their named subcontractor(s) also provide the same. Subcontractors named in a bid or other proposal shall provide proof of business registration to the bidder, who in turn, shall provide copies to the City of Ocean City prior to the time a contract is awarded, purchase order issued, or other contracting document is awarded or authorized by the governing body.

3. During the course of contract performance:

a. 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.

b. The Contractor shall maintain and submit to the City of Ocean City a list of subcontractors and their addresses that may be updated from time to time.

c. 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 @ (609)-292-6400. Form NJ-REG can be filed online at

Division of Revenue.

4. Before final payment is made under the contract, the Contractor shall submit to the City of Ocean City a complete and accurate list of all subcontractors utilized in connection with the contract and their full business addresses.

5. Pursuant to N.J.S.A. 54:49-4.1, a business organization that fails to provide a copy of a business registration as required, or that provides false business registration information, shall be liable for a penalty of $25.00 dollars for each day of violation, not to exceed $50,000.00 dollars, for each proof of business registration not properly provided under a contract with a contracting agency.

6. Emergency Purchases/Contracts - For purchases or contracts of an emergent nature, the Contractor shall provide its’ Business Registration Certificate (BRC) within two (02) weeks from the date of purchase or after the execution of the contract or prior to payment for goods or services, whichever is deemed earlier.

8.7. Disclosure of Investment Activities in Iran

1. Whereas, N.J.S.A. 52:32-55 prohibits State and local public contracts with persons or entities engaging in certain investment activities in energy or finance sectors of Iran. Bidders shall be required to indicate if they comply with the Law by certifying the form that has been provided with these specifications. Pursuant to

N.J.S.A. 40A:11-2.1 the City is required to notify the New Jersey Attorney General, if it determines a false certification has been submitted.

8.8. American Goods & Products to be Utilized Where Possible

1. Only manufactured and farm products of the United States, wherever available, shall be utilized pursuant to

N.J.S.A. 40A:11-18.

8.9. New Jersey Underground Facility Protection Act

1. The bidder shall be responsible for all excavation or demolition projects to notify the One-Call Damage

Prevention System prior to any of the work being performed. The bidder shall be required to fulfill the requirements of N.J.S.A. 48:2-37 et seq.

8.10. New Jersey Worker & Community Right-To-Know Act

1. The manufacturer or supplier of chemical substances or mixtures shall label them in accordance with the New

Jersey Worker and Community Right to Know Law (N.J.S.A. 34:5A-1 et seq., & N.J.A.C. 8:59-1.1 et seq.,). All direct use containers shall bear a label indicating the chemical name(s) & 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.J.A.C.

8:59-5. "Container" means a receptacle used to hold a liquid, solid or gaseous substance such as bottles, bags, barrels, cans, cylinders, drums and cartons. (N.J.A.C. 8:59-1.3). Further, all applicable Material Safety

Data Sheets (MSDS) - hazardous substance fact sheet - must be furnished. All containers which are stored at a City’s facilities by the Contractor or subcontractors shall display RTK labeling. Contractors with questions concerning labeling should contact the New Jersey Department of Health and Senior Services Right to Know

Program for assistance in developing proper labels. Right to Know Program

8.11. Document Checklist

1. Bidder Shall complete and sign the Bid Submission Document Checklist and include it in the bid submission.

For construction bids, failure to submit the checklist is a fatal defect and the bid will be rejected. This document serves as a guide to bidders of the documents that are required to be submitted with the bid.

8.12. Non-Collusion Certification

1. The Certification shall be properly executed and submitted with the bid proposal. By the submission of this required certification, the bidder certifies that the bid proposal has been arrived at independently and submitted without collusion with any other bidder, and that the contents of the bid has not been communicated by the bidder, nor to the best of their knowledge and belief, by any one of its agents to any person not an employee or an agent of the bidder or its surety on any bond furnished herewith and shall not be communicated to any person, prior to the official public opening of the bid proposals.

8.13. New Jersey Prevailing Wage Act

1. Pursuant to N.J.S.A. 34:11-56.25 et seq. & N.J.S. A. 34:11-56.27, contractors on projects for public work shall strictly adhere to all of the requirements of the New Jersey Prevailing Wage Act. The Contractor shall be required to pay wage rates for all trades for the project & locality and to submit certified payroll records 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 for any of the trades and locality, the City 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 prosecute the work to completion.

2. 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 payrolls in the form set forth in N.J.A.C. 12:60- 6.1(c). It is 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 Workplace Standards. Additional information is available at Department of Labor.

8.14. New Jersey Public Works Contractor Registration Act Certificate

1. Whereas, N.J.S.A. 34:11-56.48 et seq. requires that a general or a prime contractor and any listed subcontractors named in the Contractor’s bid proposal shall possess a Public Works Contractor Registration

Certificate at the time the bid proposal is submitted. After bid proposals have been received and prior to the award of the contract by the City, the successful Contractor shall be required to 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 project. Proof of said registration(s) shall be forwarded to the City’s Purchasing Division prior to the start of work on the project.

2. Under the Law a “Contractor” is “a person, partnership, association, joint stock company, trust, corporation or other legal business entity or successor thereof who enters into a contract” which is subject to the provisions of the New Jersey Prevailing Wage Act [N.J.S.A. 34:11-56.25, et seq.] It applies to contractors based in New

Jersey or in another state.

3. To register, a Contractor shall be required to provide the New Jersey State Department of Labor with a full and accurately completed application form. The form is available online at Public Works Contractor

Registration.

Note: Whereas, N.J.S.A. 34:11-56.55 specifically prohibits accepting applications for said registration as a substitute for an actual certificate of registration for the award of the contract.

8.15. Equipment Certification Listing

1. The bidder shall be required to certify on the Equipment Certification Form that they control or have access to the equipment necessary to do the required work, if awarded the contract. If the bidder does not own or lease the equipment, a certification from the City of the equipment that the bidder will have access to. The

Equipment Certification and the associated listing shall be required to be submitted with the bid proposal (N.J.S.A. 40:11-20).

8.16. Non-Debarment for Federal Government Contracts Requirements

1. Pursuant to state law N.J.S.A. 52:32-44.1 any natural person, company, firm, association, corporation, or other entity prohibited, or “debarred,” from contracting with the federal government agencies, shall also be prohibited from contracting for public work in the state of New Jersey. This prohibition also extends to any affiliate organization(s) held by or subject to the control of an entity of that prohibited person or entity.

2. Prior to awarding a contract for public work a local units must obtain written certification from the contracting person or entity through the form below, attesting to their non-debarment from contracting with federal government agencies. Contracting units are reminded that they must fill-in the boilerplate information in the certification sections of Parts II through IV regarding their name and type of contracting unit before using the form.

8.17. Occupational Safety & Health Act

1. All materials, supplies and equipment furnished or services performed under the terms of the purchase order or contractual agreement shall comply with the requirements and standards specified in the Williams-Steiger

Occupational Safety and Health Act (O.S.H.A.) of 1970 (Public Law 91-596), as well as with other applicable

Federal, State, County and local codes.

8.18. Tobacco & Drug Free Work Environment

1. The use of tobacco, drugs and alcohol are prohibited in the City's buildings, facilities, parks, properties and vehicles per Ocean City Resolution No. 93-32-143

8.19. Conflict of Interest Policy

1. All contract awards are subject to N.J.S.A. 40:69A-163 & City of Ocean City Resolution No. 94-33-108 which states "no officer or employee elected or appointed in any municipality shall be interested directly or indirectly in any contract or job for work or materials, or the profits thereof, to be furnished or performed, for any person operating any interurban railway, street railway, gas works, waterworks, electric light or power plant, heating plant, telegraph line, telephone exchange or other public utility within the territorial limits of such municipality."

8.20. Names of Subcontractors Listed

1. All bid proposals are subject to N.J.S.A. 40A:11-16 & 40A:11-23.2 (d)(f), which states that in each bid proposal "the name or names of all subcontractors to whom the bidder will subcontract the furnishing of electrical work, including any power plants, tele-data, fire alarm, or security system; plumbing and gas fitting, and all kindred work; steam power plants, steam and hot water heating and ventilating, and refrigeration apparatus and all kindred work; structural steel and ornamental iron work, each of which subcontractors shall be qualified in accordance with this Act."

2. The bidder shall be required to set forth in the bid proposal on the specified form the name and/or names of all subcontractors to whom the bidder will subcontract the furnishing of electrical work, including any power plants, tele-data, fire alarm, or security system; plumbing and gas fitting, and all kindred work;

steam power plants, steam and hot water heating and ventilating, and refrigeration apparatus and all kindred work; structural steel and ornamental iron work, each of which subcontractors shall be qualified in accordance with P.L. 1971, c.198 (C.40A:11-1 et seq.).

3. The bidder shall be required to submit evidence of performance security either simultaneously with the list of the subcontractors or evidence of performance security may be supplied by the bidder on behalf of himself and any or all subcontractors, or by each respective subcontractor, or by any combination thereof which results in evidence of performance security equaling, but in no event exceeding, the total amount contained in the bid proposal. The Engineer of Record has identified that the following subcontractors have been identified that they are or may be required for this contract:

a. Electrical work, including any power plants, tele-data, fire alarm, or security system

(Required Trade)

b. Plumbing & Gas Fitting and all kindred work (Required Trade)

c. Steam & Hot Water Heating & Ventilating, & Refrigeration Apparatus & all kindred work

(Required Trade)

d. Structural Steel & Ornamental Ironwork (Required Trade)

4. Whenever a contract sets forth more than one (01) subcontractor for any of the specialty trade categories specified hereinabove in this section, the bidder shall be required to submit to the City with the bid proposal package a certificate signed by the bidder listing each subcontractor named in the proposal for the specified category. The certificate shall set forth the scope of work, goods and services 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. The certificate shall be required to be submitted with the bid proposal package simultaneously with the signed list of specified subcontractors. The certificate may take the form of a single certificate listing all subcontractors or, alternatively, a separate certificate may be submitted for each subcontractor.