Demolition of the Public Safety Building Located at Block 805, Lot 6

The intent of this contract is solicit bids for a qualified contractor for the demolition of the Ocean City Public Safety Building located at 835 Central Avenue. This project consists of the demolition of entire site, backfilling and regrading, installation of dense graded aggregate, installation of hot mix asphalt, soil remediation, removal of underground tank, borrow fill, disconnection of Halogen system, and removal of asbestos. For more detailed information please look under "Project Documents" for the general instructions, solicitation forms and pricing proposal page as well as the "Attachments" for the specifications.

Project Details

• Reference ID: City Contract #26-15
• Department: Administration
• Department Head: George Savastano (Business Administrator)

Important Dates

• Questions Due: 2026-04-16T17:00:00.000Z
• Pre-Proposal Meeting: 2026-04-08T14:30:00.000Z — On-Site Walkthrough, 835 Central Avenue, Ocean City, NJ 08226

Addenda

• Official Notice #1: Site Walkthrough Reminder (released 2026-04-07T14:14:52.784Z) —

  Just a reminder there is a scheduled site walkthrough tomorrow, Wednesday, April 8 at 10:30am. We will meet outside the Public Safety Building located at 835 Central Avenue, Ocean City, NJ 08226.

Evaluation Criteria

• Breach of Contract —

  2 CFR 200 Appendix II(A)

  1. 1. Breach of Contract Terms
        1. Any violation or breach of terms of this contract on the part of the Contractor or its subcontractors may result in the suspension or termination of this contract or such other action that may be necessary to enforce the rights of the parties of this agreement.
        2. Owner will provide Contractor written notice that describes the nature of the breach and corrective actions the Contractor must undertake in order to avoid termination of the contract.  Owner reserves the right to withhold payments to Contractor until such time the Contractor corrects the breach or the Owner elects to terminate the contract. The Owner’s notice will identify a specific date by which the Contractor must correct the breach.  Owner may proceed with termination of the contract if the Contractor fails to correct the breach by the deadline indicated in the Owner’s notice.
        3. The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder are in addition to, and not a limitation of, any duties, obligations, rights and remedies otherwise imposed or available by.
• Insurance Requirements —
  1. 1. 1. Worker’s Compensation Insurance
           1. 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.
        2. Commercial General Liability Insurance
           1. 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.
        3. Comprehensive Automotive Liability Insurance
           1. 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.
        4. Umbrella & Excess Umbrella Liability Insurance
           1. Umbrella & Excess Umbrella Liability Insurance in the amount not less than $2,000,000.00 dollars, giving protection in excess of the Commercial General & Comprehensive Automotive Liability Insurances.
        5. Other forms of insurance as may be required or specified elsewhere in the specifications. 
• Bid Guarantee —
  1. 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.
• Summary & Timeline —

  The intent of this contract is solicit bids for a qualified contractor for the demolition of the Ocean City Public Safety Building located at 835 Central Avenue. This project consists of the demolition of entire site, backfilling and regrading, installation of dense graded aggregate, installation of hot mix asphalt, soil remediation, removal of underground tank, borrow fill, disconnection of Halogen system, and removal of asbestos. For more detailed information please look under "Project Documents" for the general instructions, solicitation forms and pricing proposal page as well as the "Attachments" for the specifications.

   

  Release Project Date:	April 1, 2026
  Pre-Proposal Meeting (Non-Mandatory):	April 8, 2026, 10:30am On-Site Walkthrough, 835 Central Avenue, Ocean City, NJ 08226
  Question Submission Deadline:	April 16, 2026, 1:00pm
  Response Submission Deadline:	April 16, 2026, 2:00pm Bids will be opened in person, in Council Chambers, 3rd Floor of City Hall, 861 Asbury Avenue, Ocean City, NJ 08226

   

• 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.

• Consent of Surety —
  1. 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.
• Submissions of Bid Proposals —
  1. 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:
        1. 1. 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.
           2. 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.
           3. Bid proposals by sole-proprietorship shall be signed by the proprietor.
           4. 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:
        1. 1. 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.
           2. 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.
           3. 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.
           4. 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.
• Construction Contracts —
  1. 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:
        1. 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
        2. 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.
        3. 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.
• Termination of Contract (Construction & Equipment Contracts) —

  2 CFR 200 Appendix II(B)

  1. 1. The Owner may terminate this contract in whole or in part at any time by providing written notice to the Contractor.  Such action may be without cause and without prejudice to any other right or remedy of Owner. Upon receipt of a written notice of termination, except as explicitly directed by the Owner, the Contractor shall immediately proceed with the following obligations regardless of any delay in determining or adjusting amounts due under this clause:
        1. Contractor must immediately discontinue work as specified in the written notice.
        2. Terminate all subcontracts to the extent they relate to the work terminated under the notice.
        3. Discontinue orders for materials and services except as directed by the written notice.
        4. Deliver to the Owner all fabricated and partially fabricated parts, completed and partially completed work, supplies, equipment and materials acquired prior to termination of the work, and as directed in the written notice.
        5. Complete performance of the work not terminated by the notice. 
        6. Take action as directed by the Owner to protect and preserve property and work related to this contract that Owner will take possession.
     2. Owner agrees to pay Contractor for: 
        1. Completed and acceptable work executed in accordance with the contract documents prior to the effective date of termination;
        2. documented expenses sustained prior to the effective date of termination in performing work and furnishing labor, materials, or equipment as required by the contract documents in connection with uncompleted work;
        3. Reasonable and substantiated claims, costs, and damages incurred in settlement of terminated contracts with Subcontractors and Suppliers; and
        4. Reasonable and substantiated expenses to the Contractor directly attributable to Owner’s termination action. 
     3. Owner will not pay Contractor for loss of anticipated profits or revenue or other economic loss arising out of or resulting from the Owner’s termination action.
     4. The rights and remedies this clause provides are in addition to any other rights and remedies provided by law or under this contract. 
• Certificates of the Required Insurance —
  1. 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.
• Performance Bond —
  1. 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.
• Indemnification —
  1. 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:
        1. 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
        2. 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.
• Equal Employment Opportunity (EEO) —

  2 CFR 200, Appendix II(C), 41 CFR 60-1.4, 41 CFR 60-4.3, Executive Order 11246

  1. 1. The applicant hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause:
        1. During the performance of this contract, the contractor agrees as follows:
        2. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:
           1. Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
        3. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
        4. The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.
        5. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
        6. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
        7. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
        8. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
        9. The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:
           1. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.
           2. The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract.
           3. The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.
           4. The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.
• 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. 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.)
• Americans with Disabilities Act of 1990 —
  1. 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.
• Davis-Bacon Requirements —

  2 CFR Part 200, Appendix II(D)
  

  1. 1. Minimum Wages
        1. Wage Rates and Fringe Benefits
           1. All laborers and mechanics employed or working upon the site of the work (or otherwise working in construction or development of the project under a development statute), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of basic hourly wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. As provided in paragraphs (d) and (e) of this section, the appropriate wage determinations are effective by operation of law even if they have not been attached to the contract. Contributions made or costs reasonably anticipated for bona fide fringe benefits under the Davis-Bacon Act (40 U.S.C. 3141(2)(B)) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (a)(1)(v) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics must be paid the appropriate wage rate and fringe benefits on the wage determination for the classification(s) of work actually performed, without regard to skill, except as provided in paragraph (a)(4) of this section. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classifications and wage rates conformed under paragraph (a)(1)(iii) of this section) and the Davis-Bacon poster (WH-1321) must be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.
        2. Frequently Recurring Classifications
           1. In addition to wage and fringe benefit rates that have been determined to be prevailing under the procedures set forth in 29 CFR part 1, a wage determination may contain, pursuant to § 1.3(f), wage and fringe benefit rates for classifications of laborers and mechanics for which conformance requests are regularly submitted pursuant to paragraph (a)(1)(iii) of this section, provided that:
              1. The work performed by the classification is not performed by a classification in the wage determination for which a prevailing wage rate has been determined;
              2. The classification is used in the area by the construction industry; and
              3. The wage rate for the classification bears a reasonable relationship to the prevailing wage rates contained in the wage determination.
              4. The Administrator will establish wage rates for such classifications in accordance with paragraph (a)(1)(iii)(A)(3) of this section. Work performed in such a classification must be paid at no less than the wage and fringe benefit rate listed on the wage determination for such classification.
• Labor & Material (Payment) Bond —
  1. 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.
• Maintenance Bond —
  1. 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 
• Statement of Ownership Disclosure —
  1. 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.
• Contract Work Hours & Safety Standards Act Requirements —

  2 CFR 200, Appendix II(E)

  1. 1. Overtime Requirements 
        1. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic, including watchmen and guards, in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.
• Proof of the New Jersey Business Registration Certificate (BRC) —
  1. 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:
        1. The Contractor shall not enter into a contract with a subcontractor unless the subcontractor first provides the Contractor with a valid proof of business registration.
        2. The Contractor shall maintain and submit to the City of Ocean City a list of subcontractors and their addresses that may be updated from time to time.
        3. The Contractor and any subcontractor providing goods or performing services under the contract, and each of their affiliates, shall collect and remit to the Director of the Division of Taxation in the Department of the Treasury, the use tax due pursuant to the Sales and Use Tax Act, (N.J.S.A. 54:32B-1 et seq.) on all sales of tangible personal property delivered into the State. Any questions in this regard can be directed to the Division of Taxation @ (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.
• Right to Inventions —

  2 CFR 200, Appendix II(F), 37 CFR 401

  1. 1. Contracts or agreements that include the performance of experimental, developmental, or research work must provide for the rights of the Federal Government and the Owner in any resulting invention as established by 37 CFR part 401, Rights to Inventions Made by Non-profit Organizations and Small Business Firms under Government Grants, Contracts, and Cooperative Agreements.  This contract incorporates by reference the patent and inventions rights as specified within 37 CFR §401.14. Contractor must include this requirement in all sub-tier contracts involving experimental, developmental, or research work.
• Disclosure of Investment Activities in Iran —
  1. 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.
• Clean Air & Water Pollution Control —

  2 CFR 200, Appendix II(G) 

  1. 1. The Contractor agrees to comply with all applicable standards, orders, and regulations issued pursuant to the Clean Air Act (42 USC § 740-7671q) and the Federal Water Pollution Control Act as amended (33 USC§ 1251-1387). The Contractor agrees to report any violation to the Owner immediately upon discovery. The Owner assumes responsibility for notifying the Environmental Protection Agency (EPA) and the Federal Aviation Administration.
• American Goods & Products to be Utilized Where Possible —
  1. 1. Only manufactured and farm products of the United States, wherever available, shall be utilized pursuant to N.J.S.A. 40A:11-18.
• Debarment & Suspension —

  2 CFR Part 200, Appendix II(H)

  1. 1. Certification of Offeror/Bidder Regarding Debarment 
        1. By submitting a bid/proposal under this solicitation, the bidder or offeror certifies that neither it nor its principals are presently debarred or suspended by any Federal department or agency from participation in this transaction. 
           
           
     2. Lower Tier Contract Certification Regarding Debarment 
        1. The successful bidder, by administering each lower tier subcontract that exceeds $25,000 as a “covered transaction”, must verify each lower tier participant of a “covered transaction” under the project is not presently debarred or otherwise disqualified from participation in this federally assisted project.  The successful bidder will accomplish this by:
           1. Checking the System for Award Management at website:  http://www.sam.gov.
           2. Collecting a certification statement similar to the Certification of Offerer /Bidder Regarding Debarment, above. 
           3. Inserting a clause or condition in the covered transaction with the lower tier contract.
• Lobbying & Influencing Federal Employees —

  31 USC 1352–Byrd Anti-Lobbying Amendment, 2 CFR Part 200, Appendix II(I), 49 CFR Part 20, Appendix A

  1. 1. Certification Regarding Lobbying 
        1. The Bidder or Offeror certifies by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:
           1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Bidder or Offeror, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
           2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. 
           3. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. 

  This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

• New Jersey Underground Facility Protection Act —
  1. 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.
• New Jersey Worker & Community Right-To-Know Act —
  1. 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
• Procurement of Recovered Materials —

  2 CFR 200.323, 40 CFR Part 247, Solid Waste Disposal Act

  1. 1. Contractor and subcontractor agree to comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, and the regulatory provisions of 40 CFR Part 247.  In the performance of this contract and to the extent practicable, the Contractor and subcontractors are to use products containing the highest percentage of recovered materials for items designated by the Environmental Protection Agency (EPA) under 40 CFR Part 247 whenever:
        1. The contract requires procurement of $10,000 or more of a designated item during the fiscal year; or 
        2. The contractor has procured $10,000 or more of a designated item using Federal funding during the previous fiscal year. 
     2. The list of EPA-designated items is available at www.epa.gov/smm/comprehensive-procurement- guidelines-construction-products.
     3. Section 6002(c) establishes exceptions to the preference for recovery of EPA-designated products if the contractor can demonstrate the item is: 
        
        1. Not reasonably available within a timeframe providing for compliance with the contract performance schedule;
        2. Fails to meet reasonable contract performance requirements; or Is only available at an unreasonable price.
• Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment —

  2 CFR 200 Appendix II(K) 200.216 

  Contractor and Subcontractor agree to comply with mandatory standards and policies relating to use and procurement of certain telecommunications and video surveillance services or equipment in compliance with the National Defense Authorization Act [Public Law 115-232 889(f)(1)].

• Document Checklist —
  1. 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.
• Non-Collusion Certification —
  1. 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.
• Domestic Preferences for Procurements —

  2 CFR 200 Appendix II(L) 200.322 

  The Bidder or Offeror by signing and submitting this bid or proposal that, to the greatest extent practicable, the Bidder of Offeror has provided a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including, but not limited to, iron, aluminum, steel, cement, and other manufactured products( in compliance with 2 CFR 200.322.

• New Jersey Prevailing Wage Act —
  1. 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.
• New Jersey Public Works Contractor Registration Act Certificate —
  1. 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.
• Equipment Certification Listing —
  1. 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).
• Non-Debarment for Federal Government Contracts Requirements —
  1. 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.
• Occupational Safety & Health Act —
  1. 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.
• Tobacco & Drug Free Work Environment —
  1. 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
• Conflict of Interest Policy —
  1. 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."
• Names of Subcontractors Listed —
  1. 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:
        1. Electrical work, including any power plants, tele-data, fire alarm, or security system (Required Trade)
        2. Plumbing & Gas Fitting and all kindred work (Required Trade)
        3. Steam & Hot Water Heating & Ventilating, & Refrigeration Apparatus & all kindred work (Required Trade)
        4. 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. If a bidder does not submit a certificate or certificates with the bid proposal package as required by N.J.S.A. 40A:11-16, the bidder may be disqualified in accordance with the Law.
     5. If this contract is to be awarded as a single prime general construction contract, bidders who propose to utilize themselves for said trades shall be required to name themselves on each corresponding line and to indicate any associated licensure, when & where applicable to the trade. All bidders are cautioned not to make their own determinations as to which trades are required for the contract. That responsibility shall fall on the Engineer of Record and what they have so noted as a required trade in Sections 8.18.3.1 - 8.18.3.4.
• Records Retention —
  1. 1. Pursuant to N.J.A.C. 17:44-2.2, the Contractor shall be required to maintain all documentation related to products, transactions or services under this contract for a time period of not less than five (05) years from the date of final payment by the City. Such records shall be made available to the New Jersey Office of the State Comptroller upon demand. 
• Prompt Payment —
  1. 1. Pursuant to N.J.S.A. 2a:30A-1 et seq., the City of Ocean City’s established policy for bill payment is as follows:
        1. Once the improvements/project is completed the project manager shall submit the green receiver copy of the Purchase Order (PO) to the Finance - Accounts Payable Division for processing.
        2. The Contractor shall submit to the City of Ocean City’s Finance Department - Accounts Payable Division a payment application to include an invoice, voucher copy of the Purchase Order (PO) signed and dated certified payrolls, payment application and a detailed statement of the completed work.
        3. Once the completed package is received by the City of Ocean City’s Finance Department - Account Payable Division the invoice shall be reviewed for completeness and then placed on the City’s Bill Pay List for payment approval by the governing body.
        4. All payment applications & paper work shall be received by Accounts Payable Division at a minimum of seven (07) business days prior to the City Council Meeting Date that the bill list is scheduled to be presented on for approval.
        5. The bill list is presented to City Council for approval and is accepted and passed by the City Council of the City of Ocean City, NJ. The Finance Department - Accounts Payable Division will in turn processes the checks for payment and will mail them by the Monday following the City Council Meeting that approved the bill list.
        6. Listed below is a Calendar showing City Council Meeting Dates for the Calendar Year 2026.

  January	08	January	22
  February	05	February	19
  March	12	March	26
  April	09	April	23
  May	07	May	21
  June	11	June	25
  July	01	July	16
  August	06	August	20
  September	10	September	24
  October	08	October	22
  November	05	November	19
  December	03	December	17

   

  2. If the Contractor has performed in accordance with the contract and the work has been approved and certified by the City or the City’s authorized approving agent (the City) the 20^th calendar day deadline of the default procedure to approve and certify or decide to withhold full or partial payment is deferred until the public meeting following the twentieth (20^th) calendar day of the billing date, at which time the bill shall be approved for payment or notice provided to the Contractor as to why the bill or any portion of it will not be approved for payment.       

  3. If the billing is approved, the thirty (30) day payment requirement of the default is replaced by the requirement that the bill be paid in the payment cycle following the City Council meeting. 

  4. The Law requires prompt and timely notice to the Contractor of any denial of payment, its submittal deficiency and what may be required to resolve the issue.      

  5. Pursuant to N.J.S.A. 2A:30A-2(f), all contracts for the improvement of structures entered into after the effective date of P.L. 2006, c.96 between cities, prime contractors, subcontractors or sub-subcontractors shall provide that disputes regarding whether a party has failed to make payments required pursuant to this section  may be submitted to a process of alternative dispute resolution (ADR). ADR permitted by this section shall not apply to disputes concerning the bid solicitation or the award process, or to the formation of contracts or subcontracts. In any civil action brought to collect payments pursuant to this section, the action shall be conducted inside of the State of New Jersey and the prevailing party shall be awarded reasonable costs and attorney fees. The City’s refers to a continuum of processes and approaches that are designed to resolve disputes in a manner which avoids the cost, delay, and unpredictability of more traditional adversarial and adjudicatory processes, such as, litigation, hearings, and appeals. Techniques may including mediation, facilitation, fact finding, early neutral evaluation, the use of an Ombudsman, settlement conferences, mini-trials, and peer review.  

  6. Notwithstanding industry rules or any provision of Law to the contrary, whenever a dispute concerns more than one contract, such as when a dispute in a contract involving construction relates to a contract involving design, architecture, engineering or management, upon the demand of a contracting party, other interested parties to the dispute shall be joined unless the arbitrator or the person appointed to resolve the dispute determines that such joinder is inappropriate. 

• Traffic Control Requirement —
  1. 1. Pursuant to N.J.S.A 40A:11-23.1 (c) if uniformed law enforcement officers are required for the project, the bid proposal form shall include a line item for said allowance, which shall be a good faith effort on the part of the City, to reasonably estimate the total cost of traffic control personnel, vehicles, equipment, administrative, or any other costs associated with additional traffic control requirements required by the City, or any other public entity affected by the project, above and beyond the bidder's traffic control personnel, vehicles, equipment, and administrative costs. The individuals responsible for the assignment of uniformed law enforcement officers for any municipalities affected by a project shall be required to determine where traffic safety control is needed for a project, and calculate the number and placement of all necessary personnel, equipment, and the costs associated with these, including hourly rates, and submit this information to the City.
     2. The City shall not be held responsible for any additional traffic control costs beyond the number of working days specified in the construction contract and in accordance with Section 17 of P.L.1971, c.198 (C.40A:11-17), when such a delay is caused by the Contractor and liquidated damages have been assessed by the City.
• Tax Exempt Clause —
  1. 1. The City of Ocean City is exempt from Manufacturers Federal Excise Tax and states sales tax. The City shall not pay for New Jersey State Sales and Use Tax that are included in any invoices.  Tax exemption certificates shall be issued on the reverse side of all City issued Purchase Orders (PO).
• Assignment of the Contract —
  1. 1. The Contractor shall not transfer any interest in the contract, whether by assignment or otherwise, without the prior written approval of both the City Business Administrator and the City Purchasing Manager and the final approval of the governing body.       
• Abandonment and/or Delay of the Contract —
  1. 1. If the work to be done under this contract shall be abandoned by the Contractor or if at any time the City Purchasing Manager shall certify in writing to the City Council that the performance of the contract is unnecessarily or unreasonably delayed or that the Contractor is willfully violating any of the conditions of the specifications or is executing the same in bad faith or not in accordance with the terms thereof, the City may annul the contract or any part thereof by a written notice served upon the Contractor and the City shall thereupon have the power to contract for the completion of said work in the manner prescribed by Law and to charge the entire cost and expense thereof to the Contractor or to their Bonding Company.
     2. The cost and expense so charged shall be deducted from and paid by the City out of such monies as may be due or become due to the Contractor under and by virtue of the contract. In the case such expense shall exceed the amount, which would have been completed by the Contractor their surety shall pay the amount of such excess to the City.
• Termination Clause —
  1. 1. The failure of any Contractor or supplier of the City to comply with the terms of this contract shall subject any contract or purchase order to revocation.
     2. If the Contractor shall be adjudged a bankruptcy, or if they should make a general assignment for the benefit of their creditors, or if a receiver shall be appointed on account of their insolvency, or if they would persistently or repeatedly refuse or shall fail, except in the case for which an extension of time has been proven, to supply enough skilled labor or proper materials, or if they shall fail to make prompt payment to subcontractors for materials or labor that has been rendered, or persistently disregard laws, regulations, ordinances, or the instructions of the City representatives, or otherwise be guilty of a substantial violation of any provision of the contract, then the City of Ocean City may, without prejudice to any other right to remedy and after giving the Contractor seven (07) days written notice, terminate the contract and take possession of the premises and of all the materials, tools, and applications thereon and finish the work by whatever methods or means it may deem expedient.
     3. In such cases as stated above, the Contractor shall not be entitled to receive any further payment, until the work is completed to the satisfaction of the City representatives. If the unpaid balance of the contract shall exceed the expenses of the cost to finish the work, including the cost for compensation for additional managerial and administrative services, the Contractor shall be required to pay the difference to the City as herein provided, and the damage incurred through the Contractor's default shall be certified by the City.
• Contractor’s Cooperation with the City —
  1. 1. The Contractor shall keep in touch with the City Purchasing Manager, the Engineer of Record or any other designated representative(s) of the City, so designated by the Purchasing Manager and shall actively cooperate in all matters pertaining to this contract in any way the Purchasing Manager may direct or to the end that the City of Ocean City shall receive efficient and satisfactory service. The Contractor shall meet with the City Purchasing Manager or his designated representative(s) when requested to answer any questions or to resolve any problems concerning the contract or they may be judged to have failed in the performance of the contract and their bond shall be liable.
• Method of Contract Award & Selected Options —
  1. 1. The length of the contract shall be stated in the technical section of the specifications. Pursuant to requirements of N.J.A.C. 5:30-5.1 et seq., any contract resulting from this bid proposal shall be subject to the availability and appropriation of sufficient funds annually. Please see Termination of Contract for additional information.
     2. The City reserves the right to reject any and/or all bid proposals or parts of the bid proposals and to waive any immaterial items in accordance with N.J.S.A. 40A:11-13.2.
     3. The City reserves the right to award contracts or place orders on a lump sum or individual item basis or such combination as shall, in its judgment, be in the best interest of the City of Ocean City and in accordance with the applicable Law.
     4. If the award of the contract is to be made on the basis of a base bid only, it shall be made to that lowest responsive, responsible bidder submitting the lowest base bid proposal.
     5. If the award of the contract is to be made on the basis of a combination of a base bid with selected options/alternate items. The options/alternate items shall be awarded from the first alternate item down (Top to the Bottom) based on availability of funding and in accordance with N.J.S.A. 40A:11-23.1 (d).
     6. The City may elect to award the contract on unit price bid proposals, when and where applicable.
     7. The form of contract shall be submitted by the City to the successful bidder. The terms of the specifications/bid package shall prevail. Bidder exceptions shall be formally accepted by the City; material exceptions shall not be approved.
     8. The successful bidder/respondent shall be required to complete a W-9 Form and submit the same to the City prior to the award of the contract. The form is available here and is traditionally supplied with the contract specifications.
• Causes for Rejecting Bid Proposals —
  1. 1. Bid proposals may be rejected for any of the following reasons pursuant to N.J.S.A. 40A:11-13.2:
        1. If more than one (01) bid proposal is received from an individual, firm or partnership, corporation or association under the same name;
        2. Multiple bid proposals from an agent representing competing bidders;
        3. Bid proposal is inappropriately unbalanced;
        4. The bidder is determined to possess, pursuant to N.J.S.A. 40A:11-4b, Prior Negative Experience; or,
        5. If the successful bidder fails to enter into a contract within twenty-one (21) days, Saturdays, Sundays & holidays excepted, or as otherwise agreed upon by the parties to the contract. In this case at its option, the City may accept the bid proposal of the next lowest responsible bidder. (N.J.S.A. 40A:11-24b)
• City Licenses & Permits —
  1. 1. The Contractor and/or the subcontractor shall be responsible to secure a City Contractor’s License or to present a valid New Jersey State License to the City's Licensing Officer, located in the Henry S. Knight Building, 115 East 12^th Street, 1^st Floor, Ocean City, NJ 08226, Telephone #: (609) 525-9413 & Business Fax #: (609) 525-9418. If applicable to the contract, failure to obtain said licenses shall be just cause for delay in payment and could subject the vendor to possible fines or work stoppage by the City.
     2. The Contractor shall comply with all Federal, State, County and local laws, regulations, resolutions and ordinances affecting the work prescribed herein; shall give the proper public authorities all requisite notice in connection with the work and, when applicable shall obtain said permits from the City's Code Compliance Office, located in the Henry S. Knight Building, 115 East 12^th Street, 2^nd Floor, Ocean City, NJ 08226. The Contractor shall be solely responsible for any damages resulting from their neglect to obey all laws, regulations, rules and ordinances and should they perform any work prescribed in the specifications or drawings, knowing it to be contrary to such laws, regulations, resolutions, rules and ordinances and without notifying the City in writing and obtaining a notice to proceed.
• Use of Unit Concrete Products Utilizing Carbon Footprint-Reducing Technology —
  1. 1. The Contractor whenever feasible shall use unit concrete products that utilize carbon footprint-reducing technology, which may include permeable pavers for any construction or improvement project that requires the use of unit concrete products, including replacement of impervious surfaces with permeable pavers.
        1. “Permeable Pavement” means a concrete product that allows rainwater to penetrate the pavement and percolate into the supporting soils and includes, but is not limited to, previous concrete, permeable interlocking concrete pavers, and concrete grid pavers.
        2. “Unit Concrete Product” means a concrete building product that is fabricated under controlled conditions separate and remote from the intended point of use and is produced in a wet cast or dry cast method in a factory setting and then transported to the location of intended use of installation, including, but not limited to, all concrete pavers, whether permeable or non-permeable, and concrete block. “Unit Concrete Product’ shall not include ready mix concrete, sand, stone, gravel, or bituminous concrete or asphalt.
        3. “Unit Concrete Product That Utilizes Carbon Footprint-Reducing Technology” means a unit concrete product that is certified by the Department of Environmental Protection, or any independent third party authorized by the department, pursuant to section 10 of P.L. 2021, c.278 9C.52:27D-141.17), as generating at least 50 percent less carbon dioxide emissions in the production and utilization of the unit concrete product than conventional unit concrete products made with ordinary Portland Cement. Such products shall also conform with the relevant requirements of the “State Uniform Construction Code Act,” P.L. 1975, c.217 (C.52:27D-119 et seq.) that incorporate by reference TMS 402/602 Building Code Requirements and Specifications for Masonry Structures.
• The Workplace Accountability in Labor List (The WALL) —
  1. 1. The Workplace Accountability in Labor List hereinafter referred to as “the WALL” is a list on the 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. The law establishing the WALL, N.J.S.A. 34:1A-1.16 (P.L. 2019 c. 366), was signed on January 21, 2020 and regulations at N.J.A.C. 12:8-1.1 et seq. Any business whose name is listed on the WALL is prohibited from entering into public contracts. If a bidder submits a proposal to the City of Ocean City for any project and is listed on the WALL, the City will reject the bid immediately. Furthermore, if the City awards a contract to a business that was not on the WALL at the time of award but is subsequently placed on the WALL, the New Jersey Department of Labor and Workforce Development (NJDOL) may issue a stop-work order for said project.

Submission Requirements

• Bid Document Checklist (required) —

  Please download the Bid Document Checklist, initial next to each submitted form, sign and upload. The Bid Document Checklist provides information on what items are mandatory and shall be cause for immediate rejection if not submitted.

• Bid Guarantee (w/ Power of Attorney) (required) —

  Please upload your Bid Bond in the full amount referenced in the general instructions with the Power of Attorney.

• Consent of Surety for Performance Bond & Payment Bond (w/ Power of Attorney) (required) —

  Please upload a Consent of Surety for the Performance Bond for the full amount of the bid price along with the Power of Attorney.

• Statement of Ownership Disclosure (required) —

  Please download the below documents, complete, and upload.

• Acknowledgement of Receipt of Addenda or Revision (required) —

  Please download the below documents, complete, and upload.

• Subcontractor Listing Form & Subcontractor Utilization Form (required) —

  Please download the below documents, complete, and upload. The Subcontractor Listing Form is a Mandatory form that is required to be completed. Please reference the General Instructions for the required subcontractors to be named. The Subcontractor Utilization Form for this project should include an Asbestos subcontractor and a subcontractor to decommission the Halogen Fire Suppression System.

• Non-Collusion Certification (required) —

  Please download the below documents, complete, and upload.

• Right to Extend Time of Award (required) —

  Please download the below documents, complete, and upload.

• Mandatory Equal Employment Opportunity Language (required) —

  Please download the below documents, complete, and upload.

• Affirmative Action Compliance Notice to Bidders (required) —

  Please download the below documents, complete, and upload.

• Equipment Certification Listing and/or Attached Listing (required) —

  Please download the below documents, complete, and upload along with any other documentation.

• Proof of New Jersey Public Works Contractor Registration Certificate —

  Please upload the Public Works Contractor Registration Certificate for the general/prime contractor. The prime/general contractor must be registered prior to the date of the bid opening.

• Proof of New Jersey Public Works Contractor Registration Certificate for Subcontractors —

  Please submit all Public Works Contractor Registration Certificates for all required subcontractors listed on the "Subcontractor Listing Form" and the "Subcontractor Utilization Form". Subcontractors must be registered prior to the bid opening.

• Proof of New Jersey Business Registration Certificate (BRC) —

  Please upload your New Jersey Business Registration Certificate.

• Proof of New Jersey Business Registration Certificate for Subcontractors (BRC) —

  Please submit all Business Registration Certificates for all required subcontractors listed on the "Subcontractor Listing Form" and the "Subcontractor Utilization Form".

• Governmental Agency Reference and/or Attached Listing (required) —

  Please download the below documents, complete, and upload.

• Statement of Authority (required) —

  Please download the below document, complete, and upload.

• Non-Debarment for Federal Government Contracts Certification (required) —

  Please download the below documents, complete, and upload.

• W-9 Form —

  Please download the below documents, complete, and upload.

• I certify that I have read, understood and agree to the terms in this solicitation, and that I am authorized to submit this response on behalf of my company. (required)
• What bonds are required? (required)
• Scope of Work / Specifications (required)
• What is the contract time to completion? —

  ex. one-hundred & twenty (120) calendar days

• Federal Funding? (required)

Questions & Answers