TO ESTABLISH A POOL OF PROFESSIONAL CONSULTANTS TO …

September 10, 2019

REQUEST FOR PROPOSAL

TO ESTABLISH A POOL OF PROFESSIONAL CONSULTANTS TO PROVIDE ENGINEERING SERVICES ON AN AS NEEDED BASIS FOR

VARIOUS DAM & TRANSPORTATION INFRASTRUCTURE 2022 PROJECTS IN ATLANTIC COUNTY

CONTACT PERSON: Palma Conover, Director

Division of Budget & Purchasing

MAILING ADDRESS: Atlantic County Government

Division of Budget & Purchasing 6th Floor 1333 Atlantic Ave. Atlantic City, NJ 08401

PROPOSAL DUE: 11:00 am

NOVEMBER 09, 2021

September 10, 2019

REQUEST FOR PROPOSALS Public Notice is hereby given that SEALED PROPOSALS will be received by the Purchasing Agent of the County of Atlantic, New Jersey at 11:00am prevailing time on NOVEMBER 09, 2021 in the 3rd Floor Conference Center; 1333 Atlantic Avenue; Atlantic City, New Jersey for: RFP# 202125.3 TO ESTABLISH A POOL OF PROFESSIONAL CONSULTANTS TO PROVIDE

ENGINEERING SERVICES ON AN AS NEEDED BASIS FOR VARIOUS DAM & TRANSPORTATION INFRASTRUCTURE 2022 PROJECTS IN ATLANTIC COUNTY

Specifications and blank Bid Forms may be obtained online at the following web address www.atlanticcountybids.org Any questions concerning this specification must be directed in writing to the Division of Budget & Purchasing by fax (609) 343-2193 Proposers are required to comply with requirements of NJSA 10:5-31 et seq. and N.J.A.C. 17:27 Proposers must abide by the New Jersey Prevailing Wage Act, P. L. 1963, Chapter 150. By order of the County Executive of the County of Atlantic

Palma Conover; Director Division of Budget & Purchasing County of Atlantic, New Jersey

http://www.atlanticcountybids.org/

September 10, 2019

REQUEST FOR PROPOSAL TABLE OF CONTENTS

COVER PAGE COPY OF LEGAL NOTICE TABLE OF CONTENTS GENERAL INFORMATION PART I INTRODUCTION PART II GENERAL CONDITIONS DETAILED SCOPE OF SERVICES/SPECIFICATIONS PROJECT PROPOSAL (to be submitted with the proposal) Proposal Form Hourly Rates Form Qualifications Form Affirmative Action Requirements Non-Collusion Affidavit Disclosure of Investment Activities in Iran APPENDIX Sample Contracts Other Sample Forms (Grants etc.) Insurance Requirements RFP CHECKLIST

CONSTRUCTION ENGINEERING & INSPECTION (CE&I) REQUIREMENTS

September 10, 2019

REQUEST FOR PROPOSALS TO ESTABLISH A POOL OF

PROFESSIONAL ENGINEERING CONSULTANTS ON AN AS NEEDED BASIS FOR ATLANTIC COUNTY

GENERAL INFORMATION

PART I-INTRODUCTION The County of Atlantic is requesting proposals TO ESTABLISH A POOL OF PROFESSIONAL CONSULTANTS TO PROVIDE ENGINEERING SERVICES ON AN AS NEEDED BASIS FOR VARIOUS DAM & TRANSPORTATION INFRASTRUCTURE 2020 PROJECTS IN ATLANTIC COUNTY effective JANUARY 1, 2022 (OR date of execution) through DECEMBER 31, 2022.

Proposals may be mailed and delivered to:

Palma Conover, Director Division of Budget and Purchasing Atlantic County Government 1333 Atlantic Ave.; 6th Floor Atlantic City, NJ 08401

Proposals must be submitted on or before NOVEMBER 09, 2021 by 11:00 a.m. late submissions will not be entertained.

PART II- GENERAL CONDITIONS A. Instructions

All questions must be answered. All forms and required certifications, which are located at the end of the RFP, (Proposal Form, Hourly Rates Form, Qualifications Form, Affirmative Action, Non-Collusion Affidavit, and Insurance Certificate) must be completed and submitted with your proposal. Each proposal shall include a Letter of Transmittal which bears the original signature of an authorized representative of the vendor and which also includes the name of individuals authorized to negotiate with the County of Atlantic. Each proposal shall include a full explanation of the services that will be provided. Proposals shall be in sufficient detail to determine and evaluate the services provided. One original and One electronic PDF file format (on CD or flash drive) of the completed proposal must be delivered by NOVEMBER 09, 2021 to the Atlantic County Division of Budget and Purchasing, 6th Floor- 1333 Atlantic Avenue, Atlantic City, New Jersey 08401 by 11 :00 a.m. EST on that date. Late proposals will not be eligible for review. No faxed proposals will be accepted.

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Each proposal must be submitted in a sealed envelope bearing on the outside the name and address of the preparer and the name of the subject of the proposal. The proposal must be signed by a person able to obligate the responding entity (individual, partnership, corporation, etc.) in the matter at hand. Proposal prices are to remain firm for a period of not less than 1 year, the term of this contract. The Consultant's fees and hourly rates proposed on Exhibit A shall apply to all services ordered within the Contract Period and shall remain in effect until all services required have been performed and accepted by the COUNTY OF ATLANTIC, or until the Contract is otherwise terminated.

B. Proposer Qualifications

The proposal must include: a brief company history, a list of vendor credentials, and an experience statement focusing on any experience with similar projects. The preparer shall furnish to the County of Atlantic any and all such information, documentation and data for this purpose, as the County of Atlantic may request. The County of Atlantic reserves the right to reject any proposal should the information submitted by or investigation of such vendor fails to satisfy the County of Atlantic. Proposals must specify any deviations from the requirements. The County reserves the right to reject any or all items covered in the proposal request, or any portion(s) thereof, waive informalities, re-advertise and/or take such other actions decreed necessary and in the best interest of the County of Atlantic. Failure or inability to meet any of the requirements set forth in this RFP will be sufficient reason to disqualify prepares. The County of Atlantic reserves the right not to consider any proposal that is incomplete or that does not meet the specification requirements.

C. Statutory Requirements

NEW JERSEY BUSINESS REGISTRATION CERTIFICATE Pursuant to N.J.S.A. 52:32-44, Atlantic County (The “Contracting Agency”) is prohibited from entering into a contract with an entity unless the bidder/proposer/contractor, and each subcontractor that is required by law to be named in a bid/proposal/contract has a valid Business Registration Certificate on file with the Division of Revenue and Enterprise Services within the Department of the Treasury.

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Prior to contract award or authorization, the contractor shall provide the Contracting Agency with its proof of business registration and that of any named subcontractor(s). Subcontractors named in a bid or other proposal shall provide proof of business registration to the bidder, who in turn, shall provide it to the Contracting Agency prior to the time a contract, purchase order, or other contracting document is awarded or authorized. During the course of contract performance: (1) the contractor shall not enter into a contract with a subcontractor unless the

subcontractor first provides the contractor with a valid proof of business registration. (2) the contractor shall maintain and submit to the Contracting Agency a list of

subcontractors and their addresses that may be updated from time to time. (3) the contractor and any subcontractor providing goods or performing services under

the contract, and each of their affiliates, shall collect and remit to the Director of the Division of Taxation in the Department of the Treasury, the use tax due pursuant to the Sales and Use Tax Act, (N.J.S.A. 54:32B-1 et seq.) on all sales of tangible personal property delivered into the State. Any questions in this regard can be directed to the Division of Taxation at (609)292-6400. Form NJ-REG can be filed online at

http://www.state.nj.us/treasury/revenue/busregcert.shtml. Before final payment is made under the contract, the contractor shall submit to the Contracting Agency a complete and accurate list of all subcontractors used and their addresses. Pursuant to N.J.S.A. 54:49-4.1, a business organization that fails to provide a copy of a business registration as required, or that provides false business registration information, shall be liable for a penalty of $25 for each day of violation, not to exceed $50,000, for each proof of business registration not properly provided under a contract with a contracting agency.

D. Terms

The contract will be for the term effective January 1, 2022 (or date of execution) through December 31, 2022. The contract term may be extended, with Freeholder's authorization, if all services are not completed by the termination date due to no fault of the contractor.

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E. Cancellation

Contracts are subject to: 1. The agreement may be terminated for cause or convenience as set forth in the attached Agreement, Article X. 2. The County of Atlantic reserves the right to reject any and all proposals and any part thereof and to waive any informalities, formalities, irregularities and errors in the proposals.

F. Questions

Please submit all questions in writing to: Attn.: Palma Conover, Director Division of Budget and Purchasing 1333 Atlantic Ave. Atlantic City, NJ 08401 or Fax to (609) 343-2193. Responses will be forwarded to all vendors who have picked up RFP packages. No firm intending to submit a proposal or any employee of any firm intending to submit a proposal shall contact any County employee for any reason either directly or indirectly related to this Request for Proposal. Any firm found violating this policy will be automatically disqualified from submitting a proposal.

G. Contract

The Consultant will be required to sign the standard County Contract, a copy of which is attached hereto as Attachment CT. If the contractor desires to make any modifications to the County's contract language, or has another contract form that he/she desired the County to sign, in lieu of or in addition to the County Contract form, a sample copy of the contractor's proposed language modifications or contract form must be submitted with the proposal, or it shall be assumed that the contract documents will consist exclusively of the County's form contract. Modifications or additions to the County's form contract will not be entertained after contract award. The County will not agree to sign a contract which includes a provision for dispute resolution by arbitration.

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H. Insurance

Provider must supply with their proposals proof of insurance as detailed in Attachment INS. A specific insurance certificate must be submitted prior to contract execution. The insurance limits detailed in Attachment INS are the minimum required and will be adequate for most projects. If a project requires higher insurance limits, this will be stated in the project specific RFQ; and a separate line item will be added to account for the additional cost.

I. Recycling

The contractor must provide the County with information regarding their recycling program. The County of Atlantic has, pursuant to P.L. 1987, CH 102, adopted the Atlantic County Recycling Plan and Ordinance# 7 of 1988, which designates the following commercial and institutional materials as recyclable and mandates the recycling thereof.

* Glass Food & Beverage containers: Clear, Amber, Green * Newspapers * Aluminum Beverage Cans * Office Paper (White, Non-Colored) * Computer Paper

J. Affirmative Action

The Contractor will be required to comply with the requirements of PL 1975, C.127 (NJAC: 17:27 see Attachment AA

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

1) A copy of the contractor's federal affirmative action plan approval letter for the

office of Federal Contract Compliance Programs. 2) A copy of the contractor's certificate of employee information report. 3) Contractor's initial affirmative Action employee information report (Form

AA302 for Service Contracts) K. Attachments

The provider must include all of the following with their proposal: A. Proposal Form B. Hourly Rates Form C. Qualifications Form D. Non-Collusion Affidavit must be notarized E. Insurance Endorsement as described F. Affirmative Action requirement G. A Copy of their NJ Business Registration Certificate H. Disclosure of Investment Activities in Iran

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L. Reservations

The County of Atlantic reserves the right to reject any and all proposals, and any part and to waive any formalities, informalities, irregularities and errors in proposals. A written request for the withdrawal of a proposal, or any party thereof, will be granted if the request is received by the County Purchasing Agent prior to the specified time of the proposal opening.

M. Interview

The County reserves the right to interview proposers, request clarification of proposals, request additional information, request modification or proposals and negotiate contract terms with the successful prepares. Bidders may be asked to explain and/or clarify their proposal to a selection committee.

N. Investment Activities in Iran

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

http://www.state.nj.us/treasury/purchase/pdf/Chapter25List.pdf

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SCOPE OF

SERVICES

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SECTION 1: SCOPE OF WORK Atlantic County (i.e., the County) requires the professional services of professional engineering consultants licensed to practice in the State of New Jersey (hereinafter referred to as CONSULTANT.) to provide County services associated with the engineering and construction inspection of County dam and transportation infrastructure related projects. The County is interested in engaging engineering firms to provide expertise in all phases of roadway and geometric design, traffic engineering, stormwater systems design, bridge design, dam design, environmental investigations, construction engineering & inspection and other professional services. The purpose and the intent of this Request for Proposal (RFP) is to solicit qualification statements to identify through competitive means a list of qualified firms to provide cost effective and reliable engineering, design and construction engineering & inspection services for various projects in the County. The County expects to award several contracts under this proposal so that it can create a short list of professional consulting firms who will be called when consulting services are required. Contracts will be awarded to a list of firms most responsive to the requirements of this proposal. More than one firm may be chosen for each discipline and interviews of firms may occur at the sole discretion of the County. The scope of services included in this request shall include but not be limited to roadway and geometric design, traffic engineering, storm water systems design, bridge design, dam design, environmental investigations, construction engineering & inspection consultants to perform on an as needed basis. Such services may include but are not limited to investigative review and reports, design of repairs, rehabilitation, and/or replacement, emergency engineering services, bidding services, and construction engineering and/or oversight. Each selected firm shall be covered under professional liability errors and omissions policy, a general liability policy and any other requirements per the County's insurance regulation, to protect the interests of the County. Proposal Deadline and Opening of Bids Proposals must be received at the Atlantic County Division of Budget and Purchasing, 6th Floor, 1333 Atlantic Avenue, Atlantic City, New Jersey 08401, AT THE TIME AND PLACE AS STATED ON "NOTICE TO PROPOSERS" page. At that time, all proposals received will be opened publicly. This session will not involve any qualitative or quantitative analysis or determination as to any proposal. Exhibit List and Forms The following Exhibits and forms are attached and made a part of this RFP: Exhibit A: Hourly Rate/Fee Submission Form (PF-2) Exhibit B: Qualifications Form (PF-3)

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Exhibit AAI: Affirmative Action Information (AAI-1) Exhibit NC-1: Non-Collusion Affidavit - must be notarized (NC-1) Exhibit CT: Sample Contract (CT- 1-11) Exhibit INS- 1-3: Insurance Endorsement (as described in Insurance

Requirements INS- 1-3) Exhibit IR- 1-2 Disclosure of Investment Activities in Iran Exhibit BC: Bid Checklist (BC-1) Exhibit CEI Requirements for Construction Engineering & Inspection

SECTION 2: SCOPE OF SERVICES As indicated on the Hourly Rate/Fee Submission Form attached hereto as Exhibit A, the services shall be billed at hourly rates. Services are detailed as follows: 2.1 Provide any feasibility study and / or conceptual plan as may be required. 2.2 The detailed preparation and/or review of engineering plans, specifications, and

proposals with professional seals and signatures. 2.2 Inspection of roadway, bridge and dam structures, including providing signed and

sealed reports thereof. 2.3 Collection of data: survey, traffic counts, mechanical/electrical, drainage, utilities,

environmental, etc. 2.4 Coordination with local utility companies, authorities, and agencies. 2.5 Bridge and dam engineering/design services, also including structural, geotechnical,

highway, traffic, and environmental engineering/services as determined by each project. 2.6 Mechanical and/or electrical moveable bridge repair design; including: inspections,

studies, and troubleshooting/problem resolution. 2. 7 Hydraulic and Hydrologic Engineering design services and/or signed and sealed

reports. 2.8 Environmental permitting and coordination with appropriate agencies as determined by

each project. 2.9 Preparation and/or review of cost estimates for projects, which may include but are not

limited to repairs of existing structures or cost estimating for new construction. Cost-benefit analysis for various repair/replacement options.

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2.10 Bidding services, including attending the pre-bid meeting, bid opening, and preconstruction meeting; and preparing and distributing meeting minutes for these meetings.

2.11 Any other engineering design consulting services as deemed necessary by the

COUNTY OF ATLANTIC. 2.12 As requested by the COUNTY OF ATLANTIC, attend meetings with COUNTY OF

ATLANTIC staff representative(s) and/or federal, state or local officials at any appropriate time in connection with the services.

2.13 The Consultant shall provide as many copies of signed and sealed drawings and other

documents as requested by the COUNTY OF ATLANTIC. The actual cost incurred for making copies shall be included in the Hourly Rates.

2.15 Provide construction engineering and inspection services during the construction phase

of the contract as confirmed in Exhibit CEI. Qualification statements will be utilized to identify a list of qualified firms to provide cost effective and reliable engineering, design and construction engineering & inspection services for various projects. At a minimum, the qualification statements should address the categories listed under the following section. Professional Service - Engineering

It is anticipated that the types of projects requiring professional engineering services by the County

include but are not limited to the following:

1. Intersections – signalized and other

2. Roads and Highways

3. Dams

4. Bridges

Qualification statements should address the engineering services that may be utilized under this RFP,

which includes the following:

Service Category

Engineering and Related Services

a. Major & Minor Bridge Design including Permitting

b. Roadway Alignment and Geometric Design

c. Storm Water Management Design

d. Intersection Geometry Design

e. Traffic Signal Design

f. Soils Investigations, including Analysis and Recommendations

g. Land Surveys, including

a. establishment of right-of-way Boundaries and Monumentation

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b. roadway cross sections,

c. acquisitions of utility locations

d. Parcel Acquisition Plans

e. Deed Descriptions for Land Acquisition

h. Licensed Site Remediation Professional (LSRP), including

a. Environmental Investigations, Studies and Reports

b. Environmental Remediation, Studies and Reports

c. Environmental Services for Linear Development

i. Dam Design including

a. Hydraulic and Hydrological Studies

b. Design of Emergency Repair

c. Inspections

d. State Approvals and Permitting

j. Traffic Engineering Studies

k. Construction Engineering and Inspection Services, including Cost Estimating and Scheduling.

SECTION 3: OTHER RESPONSIBILITIES OF THE CONSULTANT Without limitation on any more specific or additional requirements set forth in the specification and form Contract attached herewith, the consultant’s services shall be subject to the following: 3.1: COMPLIANCE WITH NEW JERSEY’S NEW “CHANGED CONDITIONS” LAW

On January 15, 2018, S-3409 became effective in New Jersey. This new law establishes standardized “changed condition” requirements which must be included in all public construction contracts. The law addresses four types of changed conditions provisions – “differing site conditions”; “suspension of work”; “character of work”; and “change in quantity”. The law authorizes contractors to pursue claims for “changed conditions” and imposes various duties on public agencies. These duties include, but are not limited to a duty to respond to potential changed conditions claims in a very timely manner and to make payments that are “fair” and “equitable” to address impacts of any changed condition claim that is covered by the new law. Since this new law will govern County construction contracts, the County will require Consultants to be familiar with the Law and ensure that its requirements are addressed when projects are developed and implemented. The County will expect consultants to develop projects that address and minimize impacts of potential changed condition claims. As projects proceed, Consultants selected for design and/or inspection / project management services will be required to assist the County’s performance of the duties required by the new law. 3.2: State of New Jersey Anti-Discrimination Requirements

http://www.njleg.state.nj.us/2016/Bills/S3500/3409_R1.PDF

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The contract, including all subcontracts, will contain the anti-discrimination provisions required by N.J.S.A. 10:2-1. The Consultant, and all subcontractors and/or sub consultants, will be subject to those provisions and all applicable related regulations. The contract, including all subcontracts, will be subject to the Law Against Discrimination (N.J.S.A. 10:5-1 et.seg.), including as it pertains to public contracts (see N.J.S.A. 10:5-32 et.seg.). Bidders are required to comply with the requirements of P.L. 1975, c. 127 (N.J.S.A. 10:5-31 et.seg.). The contract, including all subcontracts, will contain the affirmative action provisions shown in Exhibit AA 1 to this RFP. 3.3: Indemnification & Direct Liability A. The Consultant shall indemnify, defend and hold harmless the COUNTY OF ATLANTIC, its

employees, officers and agents from and against all claims, damages, losses, suits, actions, judgments, costs and expenses, including reasonable attorneys' fees as set forth in more detail in the form contract attached herewith.

3.4: Insurance At all times during the term of the contract, the Consultant shall procure and maintain, at its own expense, liability insurance for damages imposed by the law and assumed under this Agreement, of the kinds and amounts as provided on the Exhibit INS 1-3 to this RFP. Coverage amount may vary for specific projects. 3.5: Knowledge of Conditions The Consultant will be required to be knowledgeable with respect to general locations and existing conditions in Atlantic County and to take same into account when submitting its Proposal. 3.6: Subcontracting A. The Consultant shall not engage the services of any subcontractor or sub consultant

without prior notice and prior written approval from the COUNTY OF ATLANTIC. See Section 4.1 of this RFP and the attached Form Contract.

B. All subcontractors and/ or sub consultants shall be required to carry the insurance

coverage specified in Section 3.4 of this RFP. C. Reimbursement for fees paid to the subcontractors and/or sub consultants shall not

exceed the maximum hourly fee for the Consultant proposed on Exhibit A hereto, without the express prior approval of the COUNTY OF ATLANTIC. See Section 4.1 of this RFP.

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3.7: Compliance With Laws and Standards The Consultant is responsible for assuring that it and its employees and agents comply with all applicable federal, state, and local laws, statutes, regulations, codes, and standards, and current generally accepted standards and practices in its profession. 3.8: Assignment The Consultant shall not transfer, assign or otherwise dispose of the Contract or Contract funds, due or to become due, or claims of any nature it has against the COUNTY OF ATLANTIC to any other party except upon the express written approval of the COUNTY OF ATLANTIC. 3.9: Compliance with Local, State and/or Federal Requirements Some of the COUNTY OF ATLANTIC'S projects may involve funds provided by Local, State or Federal Agencies that may require adherence to certain rules and regulations. Some projects may fall under the auspices of Local, State or Federal Agencies that may require adherence to certain rules and regulations. The Consultant shall provide whatever services are required to meet any and all Local, State or Federal rules and/or regulations. 3.10: Delivery of Services The Consultant shall provide services requested by the COUNTY OF ATLANTIC as soon as is reasonably practicable; specific deadlines may be established by the COUNTY OF ATLANTIC for particular projects. The Consultant is responsible for the professional quality, technical accuracy, and timely completion and delivery of all submissions and other services provided by the Consultant under the contract. 3.11: Contract Schedule PROPOSED PROJECT SCHEDULE The schedule shall start when the County issues a written Notice to Proceed to the Consultant for a specific project. The Consultant shall begin work by attending the project's kickoff meeting. The Consultant's obligation to render services here under shall extend for a period as may be required for the specific scope of services for a specific project. Such services may include final completion certifications, submission of final inspection reports, submission of final plans and specifications, completion of biding services, completion of construction engineering services, and final payment of the construction project, if applicable, is complete. Failure to provide the contracted services shall constitute a breach of contract entitling the County to proceed with all available legal remedies at its disposal.

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3.12: Regulatory Requirements A. General Regulations

All work shall be done in strict compliance with all applicable federal, New Jersey State, Atlantic County, and local municipality laws, rules and regulations.

B. Design Regulations

All engineering work shall be performed by or under the direct supervision of a New Jersey licensed Professional Engineer. This engineer shall sign and seal all plans and documents involving engineering information. All land surveying work shall be performed by or under the direct supervision of a New Jersey licensed Professional Land Surveyor. This surveyor shall sign, and seal all plans and documents involving land surveying information. All bridge inspection shall be performed in accordance with the FHWA-National Bridge Inspection Standards (NBIS) and NJDOT's bridge inspection requirements. All Dam engineering work and inspection shall be performed in accordance with the New Jersey Safe Dam Act, N.J.S.A.58:4, the NJDEP-Dam Safety Standards, and the NJDEP-Dam Safety Inspection Guidelines.

C. Funding Agency Regulations

The Proposer shall not be on the State public contract debarment list and shall not be prohibited from engaging in State and federal contracts. The provisions of the State Local Public Contracts Law shall apply to this contract. (FOR FEDERAL AID PROJECTS ONLY - AS SPECIFIED IN THE PROJECT SPECIFIC RFQ) For Federal Aid Projects, there may be a DBE/ESBE goal requirement. The percentage goal will be provided in the project specific RFQ. The Proposer shall include a proposal from the DBE/ESBE sub-consultant(s) showing that the goal requirement will be either met or exceeded.

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3.13: Computer Software Compatibility All CADD and computer-generated output and documents produced under this Contract/Proposal shall be compatible with the County's CADD and computer systems software as described below:

Software Name Version/Release Adobe Acrobat X (Portable Document Format - pdf) Autodesk AutoCAD 2013 Autodesk Civil 3D 2013 Microsoft Office 2013 Microsoft Word 2013 Microsoft Excel 2013 Microsoft Access 2013 Microsoft PowerPoint 2013

3.14: Engineering Standards All design prescribed herein shall comply with the following:

1. AASHTO "LRFD Bridge Design Specifications," current edition with interims. 2. AASHTO "A Policy on Geometric Design of Highways and Streets," current

edition. 3. FHWA "Manual on Uniform Traffic Control Devices," current edition and

addenda. 4. FHWA Hydraulic Engineering Circular, HEC-18, "Evaluating Scour at Bridges,"

current edition. 5. FHWA Hydraulic Engineering Circular, HEC-20, "Stream Stability at Highway

Structures," current edition. 6. FHWA Hydraulic Engineering Circular, HEC-23, "Bridge Scour and Stream

Instability Countermeasures," current edition. 7. USACE Hydraulic Engineering Centers River Analysis System, HEC-RAS. 8. NJDOT "Bridges and Structures Design Manual," current edition and addenda. 9. NJDOT "Design Manual- Roadway," current edition and addenda. 10. NJDOT "Standard Specifications for Road and Bridge Construction," current

edition and addenda. 11. NJDOT "Standard Roadway Construction - Traffic Control - Bridge Construction

Details," current edition and addenda. 12. NJDOT "State Aid Handbook" current edition and addenda. 13. NJDOT "Federal Aid Handbook" current edition and addenda. 14. NJDOT "Procedures Manual" current edition and addenda.

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15. FHW A "Emergency Relief Manual" current edition and addenda. 16. NJDEP "Dam Safety Standards" current edition and addenda. 17. NJDEP "Dam Safety Inspection Guidelines" current edition and addenda. 18. FHWA "National Bridge Inspection Standards" NBIS, current edition and

addenda. 19. Design standards of the Atlantic County Engineer's Office.

And used as reference:

20. NJDOT "Sample Plans," current edition and addenda. The cover sheet and title block of all documents and plans shall conform to the County's standard formats. SECTION 4: COMPENSATION 4.1 For each assignment, the Consultant will be asked to submit a "not-to-exceed" total

price proposal based on rates provided in Exhibit 'A'. The not-to-exceed fee shall be further broken into project tasks such as: survey, design, permitting, bidding services, construction engineering, etc.; if applicable. Each such proposal shall also identify any subcontractors and/or sub consultants anticipated to be used and shall specify the rates at which their services are proposed to be reimbursed. Each such proposal shall also identify and specify a time-and-material price for any other cost or service which is not otherwise addressed in this RFP. Necessarily, such a proposal will involve an estimate of the maximum number of hours that each individual on the designated team may take to accomplish the task. However, actual billing will be based on hours actually used, and therefore may tum out to be less than, but not more than, the proposed amount for any given assignment. Provision will be made to alter the proposal as necessary if the COUNTY OF ATLANTIC changes the scope of work involved in a given assignment.

4.2 Geotechnical investigations will be performed through the COUNTY OF ATLANTIC'S

current testing contract unless otherwise negotiated. 4.3 The COUNTY OF ATLANTIC may seek to negotiate any of the terms of any proposal. 4.4 The Consultant shall invoice the COUNTY OF ATLANTIC monthly on each assignment.

Each invoice shall clearly identify the COUNTY OF ATLANTIC project to which it relates, the task performed, and shall separately describe the nature of the work or services performed by each individual in such work, and apply thereto the appropriate hourly rates as proposed in Exhibit A to this RFP or in the accepted proposal.

4.5 The COUNTY OF ATLANTIC shall provide a check addressed to the permit agency(s)

for permit fees.

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4.6 Payment will be made within thirty (30) days of approval thereof by the COUNTY OF ATLANTIC.

4.7 The Consultant's fees and hourly rates proposed on Exhibit A shall apply to all services

ordered within the Contract Period and shall remain in effect until all services required have been performed and accepted by the COUNTY OF ATLANTIC, or until the Contract is otherwise terminated.

Note: The COUNTY OF ATLANTIC will not accept billings for mileage, travel time and

expenses, meals, lodging, accommodations, equipment rental, copying, telephone, postage or other expenses.

SECTION 5: SELECTION PROCESS & CRITERIA The contract(s), if awarded, shall be awarded to the most qualified respondent(s) whose proposal is deemed most advantageous to the COUNTY OF ATLANTIC. The County will consider which respondent appears to be the most qualified, available and responsive, and which consultant presents the most competitive fee proposal In selecting the most highly qualified professional entities with which to contract for these services, the COUNTY OF ATLANTIC shall consider the following criteria:

A. The experience and qualifications of the respondent and individuals on the designated project team in providing similar services in Atlantic County or to other County Public entities.

B. Any past performance of the respondent and individuals on the designated project team.

C. References. D. Availability and ability to meet deadlines, if applicable. E. Response to RFQ, if applicable. Final selection will be based on all of the above plus

additional information from the RFQ, such as: • Project Specific Technical Response • Scope of Work • Methodology • Innovative Aspects of Response • Project Schedule • Project Fee (Non-Federal Aid Projects)

SECTION 6: PROPOSAL FORMAT, SUBMITTAL & SCHEDULE Although there is no restriction on the length of the proposal, Proposers are encouraged to be as brief as practical. Each proposal must be submitted in the following format:

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6.1: Letter of Transmittal. One (1) original proposal and one pdf. File format of the proposal on CD. The Letter of Transmittal shall acknowledge that the Proposer will be available for contract execution and will be ready to start work immediately upon written notice to proceed from the Atlantic County Division of Engineering. 6.2: Exceptions and Requests for Modifications to RFP or Contract. The consultant will be required to enter into a contract in the form of the sample Agreement found in Exhibit CT. Any requests for modifications to the language in the RFP must be included on a separate page with the submission of the proposal. Modifications to the contract that do not comply with the above requirements will not be considered by Atlantic County. Exceptions to the proposed time schedule shall similarly be noted for further consideration by Atlantic County. 6.3: Qualifications of Personnel.

A: Resumes The proposal shall contain current resumes of key personnel to be assigned to the project. Inspection personnel who are not NICET certified must demonstrate to the County that they possess the qualifications that are necessary to inspect a particular project. Acceptance of presented qualifications shall be at the sole discretion of the County Engineer. Team leaders shall be identified for at least the following major tasks, assuming the tasks are applicable to your firm:

Bridge Design Dam Design Roadway Design Geotechnical Design Survey/ROW Environmental/Permitting Traffic Engineering CE&I Services

Personnel to be used on bridge/dam/heavy construction engineering services projects must demonstrate the following minimum levels of experience:

Project Manager(s) - Licensed Professional Engineer (NJ) w/ 10 years of

relevant bridge/dam/heavy construction experience.

September 10, 2019

Project Engineer(s) - 5 years of relevant bridge/dam/heavy construction experience

Staff Engineer(s) - 3 years of relevant bridge/dam/heavy construction experience

Inspection Personnel - 3 years of relevant bridge/dam experience, refer to section 3.12

Resident Engineer – 5 years of relevant heavy construction experience. NICET Level IV – 5 years of relevant heavy construction experience**.

NICET Level III – 3 years of relevant heavy construction experience** (** Bridge and Dam projects require NICET Level III or higher)

B: Personnel Resources Each Proposer shall submit a summary of the total personnel resources in the firm(s). This summary shall also indicate prior project commitments for the various personnel, and the prior schedules that are committed to other clients. National Institute for the Certification of Engineering Technicians (NICET) – When required, NICET certification shall be in the Technical Field – Transportation Engineering Technology with the Subfield being in Highway Construction. Other certifications, education or experience may be substituted for NICET certification at the sole discretion of the County Engineer.

6.4: Related Project Experience.

A: Related Project History For each related project completed in the past, supply information regarding the owner, location, type of work, project size and other related information. Related project history should be from each area being proposed. B: Facilities of the Firm(s) Indicate the location of the office where the project work will be performed.

6.5: Client References. The Proposer shall include a list of client references including names, companies, addresses, and phone numbers. Client references should be from each area being proposed. 6.6: Other Pertinent Data. The Proposer may submit additional data regarding his or her qualifications to perform work or supplementary project experience. A company brochure may be submitted. Supplemental data should be brief, pertinent and related to the proposed project to receive maximum consideration by Atlantic County.

September 10, 2019

No faxed proposals will be accepted.

6.7 ITEMS THAT MUST BE SUBMITTED WITH YOUR PROPOSAL In addition to the items listed above on section 6.1 through 6.6, proposals must include the following: 1) Provide documentation evidencing that the respondent and its personnel possess all

licenses required to perform the services in the State of New Jersey. 2) Complete and duly execute the Non-Collusion Affidavit attached hereto as Exhibit NC-1. 3) Provide a detailed description of the respondent, number of employees and number of

years' experience the respondent has in this field. Include the names and credentials of personnel to be assigned to the contract.

4) Provide a description and location of projects in which the respondent has been

involved within the last two (2) years, and describe the respondent's role in each such project. Identify which projects were in Atlantic County, New Jersey for the County of Atlantic or for other Public entities.

5) Provide at least five (5) references with the name address and telephone number of the

contact person. 6) Utilizing the Hourly Rate/Fee Submission Form attached hereto as Exhibit A, submit a

listing of hourly rates for the personnel indicated, to perform the services set forth in Section 2 of this RFP. The rates provided by the respondent shall include all costs necessary to complete the services and all field and home office overhead and expenses.

The proposal prices shall include such amounts as the Proposer deems appropriate for

overhead and profit. No separate or additional payment shall be made for overhead and profit, and no separate or additional payments will be made for transportation, telephone calls, postage, equipment usage or rental (except as otherwise provided by this RFP), copies, printing, fax, overtime, meetings, conferences or any other related fee. Travel time to and from the project site shall not be paid by the County.

7) Utilizing the Qualifications Form attached hereto as Exhibit B, submit a checklist of

disciplines in which your firm is qualified and capable to perform services. 8) Provide proof of the New Jersey State Business Registration Certificate as exhibited in

BRCP. 9) Complete Form AAI with required information.

September 10, 2019

10). If incorporated, the Consultant shall submit a Certificate of Authorization along with the Project Proposal.

Note: Failure to include any of the required information may result in rejection of the

Proposal. Note: The COUNTY OF ATLANTIC expressly reserves the right (a) to waive minor

irregularities in Proposals submitted in response to this RFP; and (b) to reject all Proposals and not award any contract in connection with this RFP.

Note: For the final contract for these professional services, the COUNTY OF ATLANTIC

reserves the right to seek to negotiate fees different than those proposed on Exhibit A if appropriate.

Note: Some projects may require short listing of firms, with additional technical

response required. This would be done in the form of a Request For Quotes (RFQ).

Note: For Federal Aid projects, a DBE goal will be required. The DBE goal will be given

in an RFQ. Note: For Federal Aid projects, the Fee proposal will not be evaluated or considered as

part of the initial selection process. SECTION 7: ORAL PRESENTATION/CLARIFICATION OF PROPOSALS The COUNTY OF ATLANTIC may, in its discretion, require certain respondents to give an oral presentation and/or to submit written responses to questions from the COUNTY OF ATLANTIC for the purpose of clarifying or elaborating on the Proposal. No comments regarding other respondents or Proposals are permitted, and respondents may not attend presentations by their competitors. Respondents shall not construe the list of firms invited, if any, to imply acceptance or rejection of any Proposal. SECTION 8: QUESTIONS REGARDING THIS RFP All questions regarding this RFP should be directed, in writing, to:

Palma Conover, Director Division of Budget and Purchasing Department of Administrative Services 6th Floor 1333 Atlantic Ave. Atlantic City, New Jersey 08401 Telephone (609) 343-2268 Fax (609) 343-2193

September 10, 2019

CONTRACT FORMS

PF-1 PROPOSERS MUST COMPLETE AND SIGN ALL PF PAGES OR PROPOSAL SHALL BE REJECTED

PROPOSAL FORM Date________________

The undersigned, having read the Notice to Proposers, Instruction to Proposers, and Specifications attached hereto, hereby agrees to provide PROFESSIONAL SERVICES ON AN AS NEEDED BASIS FOR ATLANTIC COUNTY in strict accordance with this specification. NAME OF FIRM __________________________________________

Partnership The undersigned is a Corporation under the laws of the State of________________________ Individual having Principal Offices at _____________________________________________________ ___________________________________________________________________________, and is authorized to conduct business in the State of New Jersey.

NAME OF BIDDER ___________________________________________________________________________ Person Firm/Corporation BY:________________________________________________________________________ Signature Print Name ___________________________________________________________________________ Street Address ___________________________________________________________________________ City/State Zip code ___________________________________________________________________________ Telephone Fax Email _____________________________________________


EXHIBIT A

DATE: ________________

HOURLY RATES

The following hourly rates are inclusive of all overhead and expenses, and shall apply to any Services

required of the Consultant pursuant to Section 2 of the RFP. Submit a rider for any additional

project personnel to be identified. (Note: CE=Civil Engr.; ME=Mech. Engr.; EE=Elec Engr. )

TITLE HOURLY RATE

Principal

Project Manager

Sr. / Project Engineer (CE) (ME/EE)

Staff Engineer (CE) (ME/EE)

Jr. Engineer

Resident Engineer

Inspection Personnel (non-NICET) _______________

Inspector (NICET Level IV)

Inspector (NICET Level III)

Inspector (NICET Level II)

Inspector (NICET Level I)

Other: e.g. Survey/Technician/

Investigator, etc. FILL IN TITLE

Drafting Personnel

Administrative Personnel

(PRINT AND SIGN) NAME OF RESPONDENT

TITLE


EXHIBIT B

DATE: ________________

QUALIFICATIONS FORM

The disciplines listed below may or may not be used for the various projects under this RFP. Please

check all boxes which correspond to the disciplines in which your consulting firm has expertise.

DISCIPLINE

Bridge Engineering/Design-------------------------------------------------------------------------

Bridge Engineering/Design – Moveable Bridges-------------------------------------------------

Mechanical/Electrical Design – Moveable Bridges----------------------------------------------

Bridge Inspection--------------------------------------------------------------------------------------

Bridge Inspection – Moveable Bridges-------------------------------------------------------------

Dam Engineering/Design-----------------------------------------------------------------------------

Dam Inspection----------------------------------------------------------------------------------------

Hydraulic and Hydrologic Engineering------------------------------------------------------------

Geotechnical Engineering----------------------------------------------------------------------------

Permitting----------------------------------------------------------------------------------------------

Highways----------------------------------------------------------------------------------------------

Traffic Enginering-------------------------------------------------------------------------------------

Signalized Intersection Design----------------------------------------------------------------------

Federal / State Funded Project - Management and Documentation -------------------------------

Construction Engineering & Inspections for Roadways-----------------------------------------

Construction Engineering & Inspection for Bridges & Dams----------------------------------

Avaliable for Emergency Work (4-hr response time – 24/7)-----------------------------------

________________________________________________

(PRINT AND SIGN) NAME OF RESPONDENT

________________________________________________

TITLE

AAI-1

AFFIRMATIVE ACTION INFORMATION

Please complete the following:

Company Name __________________________________________________

1. Our Company has a Federal Affirmative Action Plan Approval:

YES ______ NO _______

a. If yes, submit a photographic copy of the Approval

2. Our Company has a New Jersey Certificate of Employee Information Report:

YES ______ NO _______

a. If yes, submit a Photographic copy of the Certificate

3. Our Company has neither of the above, therefore send us (check if applicable)

FORM AA-302 __________ (Service Contracts)

Affirmative Action Employee Information Report

FORM AA-201___________ (Construction Contracts)

Initial Project Workforce Report Construction

I certify that the above information is correct to the best of my knowledge.

NAME: _________________________________________

SIGNATURE: ___________________________________

TITLE: _________________________________________

DATE: _________________________________________

NC-1

NON-COLLUSION AFFIDAVIT

State of New Jersey )

) ss

County of __________________

I, _______________________ of __________________________ in the County of

_________________ and the State of ____________________________, of full age, being duly sworn

according to law on my oath, depose and say, that :

I am ___________________________ of the Firm of _____________________,

the bidder making the Proposal for the herein project, and that I executed the said Proposal with full

authority to do so, that said bidder has not directly or indirectly entered into any agreement, participated

in any collusion, or otherwise taken any action in restraint of free, competitive bidding in connection

with the above named project, and that all statements contained in said Proposal and in this affidavit are

true and correct, and made with full knowledge that the County of Atlantic relies upon the truth of the

statements contained in said Proposal and in the statements contained in this affidavit in awarding the

contract for the said project.

I warrant that no requirement or commitment was made in reference to any political contribution to any

party, person, or elected official and that no undisclosed benefits of any kind were promised to anyone

connected with County government or any political party in reference hereto.

I further warrant that no person or selling agency has been employed or retained to solicit or secure such

contract upon agreement or understanding for a commission, percentage, brokerage or contingent fee,

except bona fide employees or bona fide established commercial or selling agencies maintained by

_______________________________________

NAME OF CONTRACTOR

I further warrant and represent that I have never been convicted of or acknowledge nor admitted to any

payment of kickbacks or unlawful gifts to any government official or employee for which conduct the

County of Atlantic deems me disqualified from doing business with County of Atlantic under such

circumstances.

I also understand that the above disqualification does not apply to any vendor who cooperates with the

prosecution and gives supporting testimony on behalf of the prosecution in the course of a judicial

inquiry.

SWORN AND SUBSCRIBED TO

BEFORE ME THE ________ DAY

OF _____________ 20____

____________________________ _________________________________

Signature of Notary Public SIGNATURE OF AFFIANT

Notary Public of __________________ _________________________________

PRINT OR TYPE NAME OF AFFIANT

My Commission Expires _____________

R-1

CONTRACT DOCUMENTS

SAMPLE CONTRACT

CT-1

REVISED 10/15

A G R E E M E N T

THIS AGREEMENT made this day of , (YEAR),

BETWEEN THE COUNTY OF ATLANTIC hereinafter referred to as “COUNTY” and

(Company Name), hereinafter referred to as “CONTRACTOR”.

WHEREAS, the COUNTY desires to engage the services of the CONTRACTOR to

perform various services for the COUNTY as hereinafter provided, and

WHEREAS, the CONTRACTOR has represented that it is qualified by training and

experience to perform the required services in the manner and on the terms and conditions set

forth herein.

NOW, THEREFORE, in consideration of the mutual covenants and promises contained

herein, the parties hereto agree as follows:

ARTICLE I: SCOPE OF SERVICES AND CONTRACT DOCUMENTS

A. SCOPE OF SERVICES: CONTRACTOR shall provide to the COUNTY the

following services: (Description of Services and Project Title)

All services shall be provided in strict accordance with the requirements and or representations

set forth in one or more of the following applicable documents, as checked herein:

The Request for Proposals issued by the County (Exhibit A)

The Proposal Form, Executed by the CONTRACTOR (Exhibit B)

Supplemental Scope of Services statement (Exhibit C)

In the event of any inconsistencies between the documents the language of the Agreement shall

prevail, and the language of the other documents shall be deemed to have the following priority:

Exhibit A, Exhibit C, Exhibit B.

B. CONTRACT DOCUMENTS: The Exhibits and Appendices to the Agreement

listed below shall constitute integral parts of this Agreement and are hereby incorporated herein

in their entirety, unless any portions thereof have been deleted or modified. These documents

collectively shall constitute the Agreement between the parties.

Exhibit A (RFP) Appendix 1 (Affirmative Action)

Exhibit B (Proposal Form) Appendix 2 (Insurance)

Exhibit C (Supplemental Scope of Services)

SAMPLE CONTRACT

CT-2

ARTICLE II: PAYMENT

A. AMOUNT, RATE, TIME & MANNER: In accordance with the authorization

granted by Resolution # , adopted by the Atlantic County Board of Chosen Freeholders

on (DATE), the CONTRACTOR shall be compensated in an amount not to exceed $ (Contract

Amount) in full consideration of all services performed under this Agreement. The time, rate

and manner of payment shall be in accordance with Exhibit A, B and C.

B. CHANGE IN AMOUNT: Any changes to the maximum compensation specified in

Article II(A) shall only be effective if such additional compensation is expressly authorized by

an amendatory resolution duly adopted by the Atlantic County Board of Chosen Freeholders.

Even if the Agreement calls for the provision of services on an hourly rate or other unit price

basis or if the Agreement allows for payment of specified reimbursable expenses,

CONTRACTOR, understands that CONTRACTOR shall not be entitled to payment for any level

of services rendered in excess of the maximum compensation specified in Article II(A) unless

additional compensation is expressly authorized by resolution.

C. SATISFACTORY PERFORMANCE: It is the exclusive right of the COUNTY to

determine that services have been performed in a proper and satisfactory manner in accordance

with the terms and conditions set forth herein prior to approval and payment of invoice submitted

by CONTRACTOR.

D. DOCUMENTATION: Payment shall be made only upon submission by the

CONTRACTOR of the required executed standard County invoice, a bill on CONTRACTOR’S

letterhead and any other documents deemed necessary by the COUNTY.

E. RIGHT TO AUDIT: CONTRACTOR agrees to maintain financial records, books

and documents plus any evidence necessary to reflect all direct and indirect costs incurred during

this Agreement in an auditable format. CONTRACTOR agrees to keep complete and accurate

records with respect to the computation of all billing, including receipts for any reimbursable

expenses and time records for all persons billed on an hourly rate basis. The CONTRACTOR

also agrees to submit all documents and records necessary to assure compliance and completion

of this Agreement. CONTRACTOR agrees that all financial records required to be kept be made

available for inspection during normal business hours by representatives of the COUNTY. Said

records shall be kept for a minimum of five (5) years after expiration of the contract term.

ARTICLE III: TERM

A. DATES: Upon its authorization and execution this contract shall be effective for the

term commencing (DATE) and expiring on (DATE)

B. COMPLETION: The CONTRACTOR shall complete the performance of services

under this contract by the contract expiration date and/or in accordance with any completion

schedules set forth in Exhibits A & C.

SAMPLE CONTRACT

CT-3

C. PROJECT SCHEDULE: Contractor shall develop a comprehensive (i.e., design

and construction to the extent known) project schedule within 1 week of the project Kick Off

Meeting showing all tasks / activities greater than 40 hrs. in duration. This schedule shall be

updated and submitted on a regular (max of 4 weeks) basis for County review and

approval. Delays in progressing the project activities, including generation of project schedule

on a regular basis, per the latest approved project schedule may, at the discretion of the County,

be cause to invoke the default condition as set forth in Article IX (Defective Work, Unauthorized

Work and Default), C.8.

D. EXTENSIONS: The County Executive or his designee may extend the time for

completion specified by Article III(B). Such extensions shall only be effective if in writing and

shall not extend the Agreement term beyond the term specified in the authorizing resolution. In

the event that the time for completion is extended, all of the original terms and conditions will

remain in effect for the extended period.

E. TIME OF THE ESSENCE: The time limits for the performance and completion of

services are of the essence of this Contract. Expeditious performance and completion of the

specified services are essential for the County’s public purposes. The Contractor shall keep the

County informed of the Contractor’s progress and any updates or changes that may impact the

project schedule. If changes in the project schedule are required, due to changes in the work,

unforeseen conditions, or similar causes that are beyond the control of the CONTRACTOR, a

revised project schedule shall be provided by the CONTRACTOR for County review and

approval under Section III C.

ARTICLE IV: GENERAL PROVISIONS

A. INDEPENDENT CONTRACTOR: The CONTRACTOR’S status shall be that of

an independent principal and not as agent or employee of the COUNTY.

B. COUNTY NOT RESPONSIBLE FOR CONTROL OF CONTRACTOR’S

MEANS AND METHODS: The County shall not be responsible for and shall not have control

or charge of construction means, methods, techniques, sequences or procedures, or the safety

precautions and programs in connection with the Work, and the County shall not be responsible

for the Contractor’s failure to carry out the Work in accordance with this Contract, and in

accordance with all applicable laws and prudent industry practices. Further, the County shall

not be responsible in any way for the acts or omissions of the contractor, and any subcontractors,

or any of their agents or employees, or any other persons performing any of the Work.

C. CONTRACTOR’S WORKFORCE: The CONTRACTOR shall furnish all

materials, equipment, transportation, supervision, and perform all labor and services necessary

and incidental to the satisfactory completion of the Work in a professional and acceptable

manner within the time stipulated set forth in the Contract Documents. If necessary, the

CONTRACTOR shall increase said workforce and resources to complete the Project within the

time schedule and performance requirements set forth in the Contract Documents.

SAMPLE CONTRACT

CT-4

D. COUNTY REVIEW OF THE CONTRACTOR’S WORK: The CONTRACTOR

shall cooperate with the County’s efforts to ascertain whether the work complies with the

requirements and intentions of this Contract. Any such review or inspection, along with any

resulting comments, recommendations, requirements, changes or directives made or issued by

the County shall not relieve the CONTRACTOR of any of its obligations to fulfill this Contract

as herein required, and shall not make the County responsible for the CONTRACTOR’S

performance or failure to perform any of its obligations under the Contract.

E. CONTRACTOR’S DUTY TO PERFORM: The CONTRACTOR’S obligation to

perform and complete the work and provide all Services in accordance with this Contract shall

be absolute. Observations made by the County, recommendation of any progress or final

payment by the County, and any determination that work appears to be substantially completed

or any payment by County to the CONTRACTOR under the Contract; or any use of or reliance

upon the work or any part thereof by the County, shall not act as a waiver or release of the

CONTRACTOR’S duties provide all services in accordance with the requirements of this

contract.

F. COMPLIANCE WITH ALL LAWS: The Contractor’s provision of all materials

and goods, and the performance of all work and services required of the Contractor hereunder

shall be provided and performed by the Contractor in accordance with all applicable Federal,

State, County and municipal ordinances, regulations and statutes. All statutes, rules and

regulations that are applicable to the Contractor’s performance shall apply as if set forth in full

herein. The Contractor warrants and represents to the County that it is familiar with, and shall

comply with all of the statutes, ordinances, rules, regulations and ordinances that are applicable

to the Contractor’s performance under this Contract.

G. GOVERNING LAWS: This Agreement shall be governed and construed and the

rights and obligations of the parties hereto shall be determined in accordance with the laws of the

State of New Jersey, and any litigation brought by the parties arising out of this Agreement shall

be brought only in the Superior Court, and venued in Atlantic County and the CONTRACTOR

hereby voluntarily submits to the jurisdiction of said court.

H. OWNERSHIP OF CONTRACT DOCUMENTS: All materials, information,

reports, drawings, plans or other documents which have been paid for by the COUNTY remain

the property of the COUNTY and may be utilized for any County purpose. CONTRACTOR

waives and relinquishes all patent, copyright, or other intellectual property rights, whether

statutory or common law, in said reports or work products. In any contract requiring submission

of reports or work products to appropriate officials of the COUNTY, it is agreed that all work

products prepared pursuant to said Agreement are the property of the COUNTY and shall

include a statement that such reports were prepared under Agreement with the COUNTY. Any

drawing or specification or other information relating to this project, prepared under contract to

the County cannot be used for any other project without explicit written permission of the

County.

SAMPLE CONTRACT

CT-5

I. MODIFICATIONS: This Agreement may not be altered, modified or rescinded

orally, but any written changes agreed upon and executed by both parties may be incorporated

into this Agreement.

J. SUBCONTRACTING: The Contractor shall be the party solely and fully

responsible to the County for the performance of all requirements of the contract documents, at

all times and in all respects. The Contractor shall not sell, transfer, assign, subcontract or

otherwise dispose of his obligations to the County without first securing written approval of the

County, except to the extent that any assignment, subletting or transfer is mandated by law .Any

such written approval by the County shall be based upon the Contractor ‘s written request for

such approval accompanied by the Contractor’s submission of proof, to the County's

satisfaction, that the proposed Subcontract or other transfer shall not result in an impairment or

reduction in services provided to the County, or result in a diminishing of the Contractor’s

obligations hereunder, and that the assignee, purchaser, successor or subcontractor meets or

exceeds all requirements and qualifications set forth in the Contract Documents. No

assignment or subcontract will be effective or deemed permitted without the prior written

consent of the County as set forth herein. If a subcontract or other assignment is authorized by

the County, the assignee or subcontractor shall enter into a supplement to this agreement

affirming that it shall be bound by all of the terms, conditions and requirements set forth in the

Contract Documents. In addition, the Contractor shall be solely responsible for making

payments to its all subcontractors for all materials, goods, services and labor provided by such

subcontractors in connection with the Work, to the extent that such amounts are justly due and

owing, subject only to such offsets, retainage and other adjustments that may be permitted by

law.

K. SUCCESSORS AND ASSIGNS: The Contractor is hereby bound and the partners,

successors, executors, administrators and legal representatives of the Contractor and the assigns

of the Contractor are hereby bound to this agreement and to the County in respect of all

covenants, agreements and obligations of this agreement. Nothing under this agreement shall be

construed to give any rights or benefits in this agreement to anyone other than the County and

the Contractor, and all duties and responsibilities undertaken pursuant to this agreement will be

for the sole and exclusive benefit of the County and Contractor and not for the benefit of any

other party.

L. ASSIGNMENT FOR THE BENEFIT OF CREDITORS: The Contractor shall not

assign or transfer any payment or payments which may accrue hereunder, and shall not assign or

transfer its rights, title or interests in this contract to any creditor, lien or judgment holder or

other third party.

M. WAIVER: The failure to enforce any of the terms and conditions of this Agreement

by either of the parties hereto shall not be deemed a waiver of any other right or privilege under

this Agreement or a waiver of the right to thereafter claim damages for any deficiencies resulting

from any misrepresentation, breach of warranty, or non-fulfillment of any obligation of any other

party hereto. In order for there to be a waiver of any term or condition of this Agreement, such

waiver must be in writing and signed by the party making the waiver.

SAMPLE CONTRACT

CT-6

N. SEVERABILITY: Should any provision to this Agreement be held invalid or

unenforceable by any court of competent jurisdiction, the remaining provisions shall remain in

full force and effect. The inapplicability or unenforceability of any provision of this Agreement

shall not limit or impair the operation or validity of any other provision of the Agreement.

O. CAPTIONS: The captions herein are for convenience and reference only and in no

way define, limit or describe the scope or intent of this Agreement or affect any of the terms or

provisions hereof.

ARTICLE V: WARRANTIES

A. NON SOLICITATION: The undersigned does hereby warrant and represent that

this Agreement has not been solicited or secured, directly or indirectly, in a manner contrary to

the laws of the State of New Jersey and that said laws have not been violated and shall not be

violated as they relate to the procurement or the performance of this Agreement by any conduct,

including the paying or giving of any fee, commission, compensation, gift, gratuity or

consideration of any kind, directly or indirectly, to any COUNTY employees, officers or

officials.

B. QUALIFICATIONS: The CONTRACTOR does hereby warrant and represent that it

is qualified by training and experience to perform the required services in the manner and on the

terms and conditions set forth herein.

C. ABILITY TO PERFORM: The CONTRACTOR does hereby represent that it is

ready, willing and able to perform all services in the timeframe and as required by this

Agreement, and that he and/or his subcontractors performing the work presently hold in good

standing any and all necessary licenses for the lawful performance of said services within the

State of New Jersey.

D. DEBARMENT: The CONTRACTOR warrants that no portion of the services to be

provided by it to the County shall be performed or supplied by firms or individuals who are

included in the report of suspensions, debarments and disqualification of firms and individuals

from participation in public contracts, as maintained by either the State of New Jersey or by the

United States Government.

ARTICLE VI: INDEMNIFICATION

A. GENERAL: The CONTRACTOR agrees to protect, defend, indemnify and save

harmless the County and its officers, directors, employees, agents, and other Proposers of each

and any of them from and against all claims, costs, losses and damages (including but not limited

to all fees and charges of engineers, architects, attorneys and other professionals and all court or

arbitration or other dispute resolution costs) arising out of or resulting from any and all losses,

claims, actions, costs, expenses, judgment, subrogation or other expenses by reason of any death

real or alleged injury or damage to the person or property of others arising out of or incidental to

the performance of the terms of this contract to the extent caused by the negligent acts, errors or

omissions of the CONTRACTOR, excluding any alleged loss, claim, judgment, subrogation or

SAMPLE CONTRACT

CT-7

other expense that shall have been exclusively caused by the negligent or wrongful act or

omission of the County.

B. PREMISES: If it becomes necessary for the CONTRACTOR, either as principal or

by agent or employee, to enter upon the premises or property of the County or any third party, in

order to perform the services required hereunder, the CONTRACTOR covenants and agrees to

take, use, provide and make all proper, necessary and sufficient precautions, safeguards and

protections against the occurrence of happenings of any accidents, injuries, damages or hurt to

any person or property during the progress of the work herein covered, and to be responsible for,

and to the indemnify and save harmless the County from the payment of all sums of money by

reason of all, or any, such accidents, injuries damages or hurt that may happen or occur upon or

about such work and all fines, penalties and loss incurred for or by reason of the violation of any

municipal or County ordinance, regulations, or the laws of the State, or the United States, while

the said work is in progress, excluding any alleged loss, claim, judgment, subrogation or other

expense that shall have been exclusively caused by the negligent or wrongful act or omission of

the County.

C. ROYALTY, COPYRIGHTS, PATENTS: The Contractor shall indemnify and save

harmless the County against any and all claims for royalty, patent or copyright infringements or

suits for information thereon which may be involved in the manufacture or use of the item to be

furnished herein.

D. SURVIVAL: All representations, indemnifications, warranties and guarantees made

in, required by or given in accordance with the Contract Documents, as well as all continuing

obligations indicated in the Contract Documents, will survive final payment, completion and

acceptance of the Work and Services and termination or completion of the Agreement.

ARTICLE VII. INSURANCE

A. COVERAGE: CONTRACTOR shall purchase and maintain during the entire period

of this Agreement insurance coverage either:

as specified in the insurance requirements set

forth in the Request for Proposal (Exhibit A), or

as specified in Appendix 2 which is hereby

incorporated into this agreement.

no insurance is required for this Agreement.

B. DOCUMENTATION: CONTRACTOR must provide the COUNTY with a

certificate of insurance in accordance with the requirements of either Exhibit A or Appendix 2

prior to the COUNTY’S execution of this Agreement and payment of invoices for services

rendered under this Agreement.

SAMPLE CONTRACT

CT-8

ARTICLE VIII: REGULATORY REQUIREMENTS

A. AFFIRMATIVE ACTION AND NON-DISCRIMINATION: CONTRACTOR

agrees to comply with the requirements of PL 1975 c.127 (N.J.A.C. 17:27), which requirements

are set forth in Appendix 1 which is attached hereto and incorporated herein.

B. PREVAILING WAGE: The New Jersey Prevailing Wage Act, N.J.S.A. 34:11-56.25

(P.L. 1963, Chapter 150) is hereby made a part of every Agreement entered into by the

COUNTY OF ATLANTIC, except those Agreements which are not within the scope of the Act.

The successful CONTRACTOR and any of its subcontractors shall be obligated to pay the

prevailing wage, to submit certified payrolls and documentation of compliance, and to permit on-

site monitoring, including interviews with employees and review of subcontracts, by COUNTY

representatives. The CONTRACTOR’S signature on this Agreement is his guarantee that

neither he nor any subcontractors he might employ to perform the work covered by this bid are

listed or are on record in the office of the Commissioner of the New Jersey State Department of

Labor as one who has failed to pay prevailing wages in accordance with the provisions of this

act. Every CONTRACTOR and subcontractor shall keep an accurate payroll record, showing

the name, craft or trade, job title or classification, actual hourly rate of wages paid, hours

worked, and total wages paid to each worker employed by him in connection with a public work

project. The prevailing wage as published by the Department of Labor shall be noted on the

payroll journal next to the actual wage rate paid. Payroll records shall be presented for a period

of two years from the date of payment.

C. NON-DISCRIMINATION: The parties to this Agreement do hereby agree that the

provisions of N.J.S.A. 10:2-1 through 10:2-4, dealing with discrimination in employment on

public contracts, and the Rules and Regulations promulgated pursuant thereunto, are hereby

made a part of this Agreement and are binding upon them.

ARTICLE IX: DEFECTIVE WORK, UNAUTHORIZED WORK AND DEFAULT

A. DEFECTIVE OR UNAUTHORIZED WORK: All Work product which does

not conform to the requirements of the Contract Documents, whether the result of poor

workmanship, use of defective materials, errors, omissions, incomplete data, erroneous or

incomplete measurements or similar causes that are within the control of the Contractor, shall be

considered Defective Work. The Contractor shall be responsible for correction of any defective

work at no additional cost to the County.

SAMPLE CONTRACT

CT-9

B. CORRECTION OF DEFECTIVE WORK: Defective Work performed by the

Contractor, regardless of whether observed before or after acceptance of the Work by the County

shall be amended and corrected immediately and replaced by the Contractor with Work product

that shall conform to the specifications, or shall be otherwise corrected and remedied in an

acceptable manner authorized by the County. The Contractor shall bear the costs of correcting,

amending or replacing such defective Work, to the extent that such defective work is the result or

CONTRACTOR errors, omissions or similar causes that are within the control of the

CONTRACTOR. The CONTRACTOR shall not be entitled to payment for Defective Work,

unless and until corrections have been made by the Contractor to bring the Work into compliance

with the terms of the Contract Documents.

C. WHAT CONSTITUTES A DEFAULT: A default under the agreement shall

include but not be limited to any of the following events:

1. Bankruptcy or insolvency of contractor, whether liquidating or non-liquidating;

2. Conviction of any principal of CONTRACTOR of any crime under the laws of the

State of New Jersey or Federal laws, which, if committed by a public official, would

disqualify that person from public employment;

3. Breach of any term of the Agreement by the CONTRACTOR or the COUNTY

4. Abandonment or discontinuation of the work by CONTRACTOR without the express

written permission of or direction by the County;

5. Failure of the County to make payments to the CONTRACTOR that are lawfully due

and owing under this Contract, provided that such payments are not subject to any other

reasonably valid offset, lien, claim or demand.

6. Failure of Contractor to pay its subcontractors and/or suppliers, or any governmental

authority any sums that are legally due and owing that are related to provision of goods or

services related to this project.

7. Assignment or subcontracting of the work or any part thereof or any monies due

hereunder that is not authorized by the County as set forth in this Contract.

8. Failure of the Contractor to commence and diligently perform all required work and

services within the time limits specified for such performance by the County, including

timely correction of Defective Work.

D. REMEDIES: In the event of a default, the non-defaulting party shall be entitled to

proceed with each and every remedy that may be available at law or in equity, including but not

limited to: commencement of an action seeking specific performance, damages, and termination

of this agreement as provided in Article X herein. The commencement of any rights or remedies

by either party shall not be deemed to preclude resort to any other rights or remedies that may be

available to such party.

SAMPLE CONTRACT

CT-10

Prior to commencement of any right or remedy pursuant to this section, the party alleging a

default shall provide the defaulting party with written notice and an opportunity to cure, which

shall in no event extend beyond 30 days from the date of the alleged default’s occurrence.

COMMENCEMENT OF REMEDIES FOR CONSTRUCTION CONTARCTS SUBJCT TO

N.J.S.A. 40A:11-50 SHALL BE SUBEJCT TO MEDIATION OF DISPUTES, PURSUANT TO

SECTION F BELOW.

E. CONTINUING THE WORK: During the pendency of any dispute or disagreement,

the Contractor shall carry on the Work and adhere to the progress schedule, and shall not

abandon, slow down or terminate its work, and no Work shall be delayed or postponed pending

resolution of any disputes or disagreements, unless this Agreement is Terminated or such

deviation from the Work or Work Schedule is directed by the County.

F. MEDIATION PROVISIONS FOR CONSTRUCTION CONTRACTS:

1. In accordance with the provisions of N.J.S.A. 40A:11-50, any dispute regarding

payment or performance of services arising from a contract related to construction of

public improvements shall be subject to non-binding mediation, prior to being submitted

to a court for adjudication. Nothing in this section shall prevent the County from seeking

injunctive or declaratory relief in court at any time when such an application for such

relief is authorized by law. The mediation process required by this section shall not

apply to disputes concerning the bid solicitation or award process or to the formation of

contracts or subcontracts entered into pursuant to P.L.1971, c.198 (C.40A:11-1 et seq.).

2. The County’s mediation procedure is as follows:

a. Controversies and Claims Subject to Mediation. Except as specified above, if a

dispute between County and Contractor arises during the course of the contract, the

parties will make a good faith effort to resolve the dispute through non-binding

mediation prior to resorting to litigation.

b. Contract Performance Pending Mediation. During mediation proceedings, the

Contractor shall continue to perform all services required by the contract and the

County shall continue to make payments pursuant to the terms of the contract, unless

the County elects to Terminate the contract, as set forth below in Section X.

c. Demand for Mediation; Procedures

The aggrieved party shall provide written and timely notice of its claim(s) to the other

party, within 30 days after the claim arises, subject to any additional requirements

specified in the Contract Documents concerning notice of claims and disputes.

SAMPLE CONTRACT

CT-11

In the event that the parties are unable to directly resolve a problem within the 30 days

after the first notice of the claim or dispute, then the aggrieved party shall, within the

next 14 days, submit a written Notice of Demand for Mediation to the other party.

An aggrieved party who files a Notice of Demand for Mediation must assert in the

demand all claims then known to aggrieved party, including the amount of its demand

(to the extent reasonably known) and the names and resumes of at least three proposed

mediators.

The other party shall respond to the written demand for mediation within the next 10

days. The response shall include an explanation of why the aggrieved party’s claim(s)

have been rejected, any known counter claims and the value thereof (to the extent

reasonably known) and the names and resumes of at least three proposed mediators.

Failure to include a claim or counter claim because of excusable neglect, or because a

claim is not matured or because it has arisen subsequent to the demand for mediation,

shall not bar pursuit of such claim(s) that are made in a timely manner. The mediator

or mediators may permit timely amendments and supplements.

Failure to seek mediation within 75 days after the date when the claim(s) occurred or

reasonably should have been discovered shall be deemed to be a waiver of the

claim(s).

d. If the parties are unable to agree upon a mediator, they shall either choose a

reputable mediation firm, or chose two mediators who shall then select a third, neutral

mediator.

e. Procedures During Mediation. The mediation shall be conducted in a reasonable

and efficient manner, as may be agreed between the parties and the mediator or, if the

parties cannot agree, as may be determined by the mediator.

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

before the mediator. Mediation documents shall be considered “confidential” during

the pendency of mediation proceedings to the fullest extent permitted by law.

f. Cost of Mediation. Each party will bear its own cost of participation in the

mediation. The mediator’s fees will be divided equally between the parties.

g. Failure of Mediation. If a good faith effort to resolve the dispute through

mediation is unsuccessful within 60 days after the commencement of mediation

proceedings, then either party may terminate the mediation by written notice to the

mediator and to the other party. Thereafter, either party may submit the dispute to the

Superior court of New Jersey, Atlantic County, for adjudication, which court shall

have exclusive original jurisdiction over the dispute.

SAMPLE CONTRACT

CT-12

ARTICLE X. TERMINATION OF CONTRACT:

A. TERMINATION FOR CONVENIENCE: The County may terminate a Contract, in

whole or in part, without showing cause, when the County determines that termination is in the

best interest of the County.

B. TERMINATION FOR CAUSE: Without limitation upon any other right or remedy

that may exist or be available to the County under the Contract Documents or generally as a

matter of law or in equity, the County may terminate the Contract upon the Contractor’s failure

or inability to perform in accordance with the terms and conditions set forth in this Contract,

which shall include (but not be limited to):

a) Persistent or repeated refusal or failure to supply enough skilled workers or proper

materials;

b) Failure to make payment to Subcontractors or suppliers for materials or labor, in

accordance with the respective agreements between the contractor and the

subcontractor;

c) Persistent disregard of laws, ordinances, rules, regulations, orders, levies or

assessments of a public authority having jurisdiction; or

d) Substantial breach of a provision of the contract documents.

C. NOTICE OF TERMINATION: The County may terminate the contract for cause

or convenience after giving the Contractor and the Contractor's surety, if any, seven days' written

notice of the Termination.

D. EFFECT OF TERMINATION: Upon the effective date of termination for cause or

convenience, all work shall cease and the contract shall be deemed terminated. The County shall

pay all costs incurred by the Contractor up to the date of termination, less any credits or setoffs

that are due and owing to the County, as specified by the Contract Documents. The Contractor

will not be reimbursed for any anticipatory profits, or for any costs or expenses which have not

been incurred for materials delivered or work performed for the County, at any time after the

date of termination. In the event of a termination for cause, County’s election to complete work

shall not constitute a waiver of claims arising from the Contractor’s default.

SAMPLE CONTRACT

CT-13

ARTICLE XI: ADDRESS FOR NOTICE

The address given below shall be the address of the representatives parties to which all

notices and reports required by this Agreement shall be sent by mail:

County of Atlantic (Company Name)

County Executive (Authorized Rep.)

1333 Atlantic Avenue (Address Line 1)

County Office Building (Address Line 2)

8th Floor

Atlantic City, NJ 08401

Copy to County Counsel

1333 Atlantic Avenue

County Office Building

8th Floor

Atlantic City, NJ 08401

SAMPLE CONTRACT

CT-14

Any notice or statement by any party shall be deemed to be sufficiently given when sent by

prepaid certified mail return receipt requested, to any party at its address set forth hereinabove.

This address shall remain in effect unless another address is substituted by written notice.

IN WITNESS WHEREOF, the parties hereto have duly signed and sealed this contract.

ATTEST: COUNTY OF ATLANTIC:

___________

Sonya G. Harris, Clerk Dennis Levinson

Board of Chosen Freeholders County Executive

ATTEST CONTRACTOR:

(Authorized Rep)

(Title)

Affix Corporate Seal, if

applicable

APPROVED AS TO FORM:

_____________________________

James F. Ferguson

County Counsel

(Document Reference)

SAMPLE CONTRACT

CT-15

(REVISED 4/10)

APPENDIX 1

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

GOODS, PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS

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

The contractor or subcontractor, where applicable, will not discriminate against any

employee or applicant for employment because of age, race, creed, color, national origin,

ancestry, marital status, affectional or sexual orientation, gender identity or expression,

disability, nationality or sex. Except with respect to affectional or sexual orientation and gender

identity or expression, the contractor will ensure that equal employment opportunity is afforded

to such applicants in recruitment and employment, and that employees are treated during

employment, without regard to their age, race, creed, color, national origin, ancestry, marital

status, affectional or sexual orientation, gender identity or expression, disability, nationality or

sex. Such equal employment opportunity shall include, but not be limited to the following:

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 by the Public Agency Compliance Officer

setting forth provisions of this nondiscrimination clause.

The contractor or subcontractor, where applicable 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 age, race, creed, color,

national origin, ancestry, marital status, affectional or sexual orientation, gender identity or

expression, disability, nationality or sex.

The contractor or subcontractor will send to each labor union, with which it has a

collective bargaining agreement, a notice, to be provided by the agency contracting officer,

advising the labor union of the contractor's commitments under this chapter and shall post copies

of the notice in conspicuous places available to employees and applicants for employment.

The contractor or subcontractor, where applicable, agrees to comply with any regulations

promulgated by the Treasurer pursuant to N.J.S.A. 10:5-31 et seq., as amended and

supplemented from time to time and the Americans with Disabilities Act.

The contractor or subcontractor agrees to make good faith efforts to meet targeted county

employment goals established in accordance with N.J.A.C. l7:27-5.2.

SAMPLE CONTRACT

CT-16

The contractor or subcontractor agrees to inform in writing its appropriate recruitment

agencies including, but not limited to, employment agencies, placement bureaus, colleges,

universities, and labor unions, that it does not discriminate on the basis of age, race, creed, color,

national origin, ancestry, marital status, affectional or sexual orientation, gender identity or

expression, disability, nationality or sex, and that it will discontinue the use of any recruitment

agency which engages in direct or indirect discriminatory practices.

The contractor or subcontractor agrees to revise any of its testing procedures, if necessary,

to assure that all personnel testing conforms with the principles of job-related testing, as

established by the statutes and court decisions of the State of New Jersey and as established by

applicable Federal law and applicable Federal court decisions.

In conforming with the targeted employment goals, the contractor or subcontractor agrees

to review all procedures relating to transfer, upgrading, downgrading and layoff to ensure that all

such actions are taken without regard to age, race, creed, color, national origin, ancestry, marital

status, affectional or sexual orientation, gender identity or expression, disability, nationality or

sex, consistent with the statutes and court decisions of the State of New Jersey, and applicable

Federal law and applicable Federal court decisions.

The contractor shall submit to the public agency, after notification of award but prior to

execution of a goods and services contract, one of the following three documents:

Letter of Federal Affirmative Action Plan Approval

Certificate of Employee Information Report

Employee Information Report Form AA302 (electronically provided by the Division and

distributed to the public agency through the Division’s website at

www.state.nj.us/treasury/contract_compliance)

The contractor and its subcontractors shall furnish such reports or other documents to the

Division of Public Contracts Equal Employment Opportunity Compliance as may be requested

by the office from time to time in order to carry out the purposes of these regulations, and public

agencies shall furnish such information as may be requested by the Division of Public Contracts

Equal Employment Opportunity Compliance for conducting a compliance investigation pursuant

to Subchapter 10 of the Administrative Code at N.J.A.C. 17:27.

INS-1

CONTRACTORS INSURANCE REQUIREMENTS

A). GENERAL REQUIREMENTS

1. The Contractor(s) shall provide and pay for insurance coverage of such type and in such

amounts as will completely protect the Contractor and the County, its elected officials, officers,

agents, servants employees and assigns against any and all risks of loss (including costs of

defense) or liability arising out of this contract.

2. The insurance should be furnished by insurance companies with and "A- (Excellent) VII"

or better or better rating as published in the most recent editions of Best Insurance Key Rating

and shall be authorized to conduct business in the State of New Jersey.

3. It is recognized that in some instances that insurance may be acceptable which is

underwritten by an insurance company that is not reported in the BEST GUIDE, or the coverage

is extended under a self-insured program. This insurance, or self-insurance, must be in

conformity with the rules and regulations of the Commissioner of Insurance of the State of New

Jersey. Any insurance or self-insurance of this type is subject to the review and acceptance by

the County Risk Manager or the County Counsel. Furthermore written proof of acceptability by

the Office of the Commissioner of Insurance may be necessary.

4. The Contractor(s) shall furnish the County with Certificates of Insurance, as shown

under “B” Specific Coverage Requirements, policies for General Liability must be endorsed to

include the County of Atlantic as an Additional Insured, a copy of ISO Endorsements CG

20 10 is required along with the certificate. The Certificates of Insurance shall set out the

types of coverage, the limits of liability, describe the operation by reference to this contract and

provide for (30 days) written notice to the County of cancellation and/or non-renewal. All of the

Contractors Deductibles or Retention's shall be the sole responsibility of the contractor, those in

excess of $10,000 are to be disclosed and are subject to approval by the County. If requested

actual policy copies or incurred loss information may be required.

5. The policies and specified limits of coverage must be effective prior to the

commencement of work and must remain in force until final acceptance of the work under the

contract. Contracts that involve construction, installation, or maintenance repair must

maintain completed operations insurance, endorsing the County as an additional insured

for a term of two (2) years beginning on the date of the final acceptance. They also must

include a copy of I.S O. Endorsement CG 2037, or its equivalent.

6. The Contractor(s) shall obtain, and furnish the County, certificates of insurance from

their subcontractor(s) or sub sub-contractor(s) showing policies in force with coverage and limits

as described under these insurance requirements.

INS-2

7. The Certificate of Insurance with A COPY OF THE ADDITIONAL INSURED

ENDORSEMENTS, are to be signed by a person authorized by the insuring company(s) to bind

coverage on its behalf. Neither approval by the County nor failure to disapprove Certificates of

Insurance/ furnished by the Contractor shall release the Contractor from full responsibility for all

liability including costs of defense. Insurance is required as a measure of protection and the

Contractor's liability is not limited thereby.

8. The Certificates of Insurance, must be submitted to the County and shall be subject to

the review and approval of the County Counsel or Risk Manager.

9. If at any time during the term of this contract or any extension thereof, if any of the

required policies of insurance should expire, change or be canceled, it will be the responsibility

of the Contractor, prior to the expiration, change or cancellation, to furnish to the County a

Certificate of Insurance indicating renewal or an acceptable replacement of the policy so that

there will be no lapse in any coverage. In the event of interruption of any coverage for any

reason, all payments and work under the contract shall cease and not be resumed until coverage

has been restored and a current Certificate of Insurance received and approved.

10. Any policy of insurance that is written on a claims made basis shall, under the terms

of this contract, be renewed or the coverage extended for a period of not less than three years and

shall provide coverage for the period operations were performed by the contractor. Proof of such

extension shall annually be presented to the Risk Manager for the County of Atlantic and

indicate the retroactive date of coverage or indicate that all prior acts coverage is provided.

11. Insurance or Risk Funding maintained by the County shall be considered as Excess

over Contractors Insurance. Insurance or Risk Funding Maintained by the County of Atlantic

does not provide protection for Contractors liability.

12. Certificates of Insurance and Evidence of Property Forms shall show the Certificate

Holder as follows:

COUNTY OF ATLANTIC

COUNTY OFFICE BUILDING

1333 ATLANTIC AVENUE

ATLANTIC CITY, NEW JERSEY 08401

ATTN., RISK MANAGER

Certificates of Insurance not reading as above will not be acceptable and will delay contract

signature and/or payment.

13. Questions regarding these insurance requirements may be directed to (609)-345-6700

Ext. 2495. Certificates for approval may be preliminarily submitted via fax to (609)-343-2164, or

to (609)-343-2373.

INS-3

B). SPECIFIC COVERAGE REQUIREMENTS

1. The following items are the minimum mandatory types of insurance coverage to be

carried under the preceding requirements:

(a) Workers Compensation-Statutory Limits, Employers Liability - with minimum

limits of - $1,000,000/1,000,000/1,000,000.

(b) General Liability in a comprehensive form, with minimum limits as follows:

1/ Each Occurrence $1,000,000

2/ Damage to Rented or Leased Properties $ 100,000

3/ Medical Expense $ 5,000

4/ Personal & Adv. Injury $1,000,000

5/ General Aggregate $2,000,000

6/ Products-Completed Operations Aggregate $2,000,000

(c) Motor Vehicle Liability Insurance in a comprehensive form, endorsed to include

pollution coverage, with minimum limits of $1,000,000 CSL

1/ Owned Vehicles

2/ Hired/Leased Vehicles

3/ Non-Owned Vehicles

(d) Umbrella / Excess Liability over General / Automobile liability, with minimum

limits of $1,000.000

(e) Professional Liability Insurance, including errors and omissions coverage with

minimum limits of $2,000,000

January, 2015

IR-1

DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN

PART 1: CERTIFICATION

BIDDERS MUST COMPLETE PART 1 BY CHECKING EITHER BOX. FAILURE TO CHECK ONE OF THE BOXES WILL RENDER THE PROPOSAL NON-RESPONSIVE.

Pursuant to Public Law 2012, c. 25, any person or entity that submits a bid or proposal or otherwise proposes to enter into or renew a contract must complete the certification below to attest, under penalty of perjury, that neither the person or entity, nor any of its parents, subsidiaries, or affiliates, is identified on the Department of Treasury’s Chapter 25 list as a person or entity engaging in investment activities in Iran. The Chapter 25 list is found on the State of New Jersey, Department of Treasury, Division of Purchase and Property website at http://www.state.nj.us/treasury/purchase/pdf/Chapter25List.pdf. Bidders must review this list prior to completing the below certification. Failure to complete the certification may render a bidder’s bid proposal non-responsive. If the County of Atlantic determines that a person or entity has submitted a false certification concerning its engagement in investment activities in Iran pursuant to section 4 of P.L. 2012, c.25 (C.52:32-58), the local contracting unit shall report to the New Jersey Attorney General the name of that person or entity, and the Attorney General shall determine whether to bring a civil action against the person to collect the penalty prescribed in paragraph (1) of subsection a. of section 5 of P.L. 2012, c.25 (C.52:32-59). The County of Atlantic may also report to the county counsel the name of that person, together with its information as to the false certification, and the county counsel may determine to bring such civil action against the person to collect such penalty.

PLEASE CHECK THE APPROPRIATE BOX:

I certify, pursuant to Public Law 2012, c. 25, that neither the bidder listed above nor any of the bidder’s

parents, subsidiaries, or affiliates is listed on the N.J. Department of the Treasury’s list of entities determined to be engaged in prohibited activities in Iran pursuant to P.L. 2012, c. 25 (“Chapter 25 List”). I further certify that I am the person listed above, or I am an officer or representative of the entity listed above and I am authorized to make this certification on its behalf. I will skip Part 2 and sign and complete the Certification below. OR

I am unable to certify as above because the bidder and/or one or more of its parents, subsidiaries, or

affiliates is listed on the Department’s Chapter 25 list. I will provide a detailed, accurate and precise description of the activities in Part 2 below and sign and complete the Certification below. Failure to provide such will result in the proposal being rendered as nonresponsive and appropriate penalties, fines and/or sanctions will be assessed as provided by law.

PART 2: PLEASE PROVIDE FURTHER INFORMATION RELATED TO INVESTMENT ACTIVITIES

IN IRAN

You must provide a detailed, accurate and precise description of the activities of the bidding person/entity, or one of its parents, subsidiaries or affiliates, engaging in the investment activities in Iran outlined above by completing the boxes below. PROVIDE INFORMATION RELATIVE TO THE ABOVE QUESTIONS. PLEASE PROVIDE THOROUGH ANSWERS TO EACH QUESTION. IF YOU NEED TO MAKE ADDITIONAL ENTRIES, ATTACH ADDITIONAL PAGES. Name___________________________________Relationship to Bidder/Offeror________________________

Description of Ativities______________________________________________________________________

________________________________________________________________________________________

Duration of Engagement__________________ Anticipated Cessation Date____________________________

Bidder/Offeror Contact Name__________________________ Contact Phone Number___________________

http://www.state.nj.us/treasury/purchase/pdf/Chapter25List.pdf

IR-2

DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN

Certification:

I, being duly sworn upon my oath, hereby represent and state that the foregoing information and any attachments thereto to the best of my knowledge are true and complete. I attest that I am authorized to execute this certification on behalf of the above-referenced person or entity. I acknowledge that the County of Atlantic is relying on the information contained herein and thereby acknowledge that I am under a continuing obligation from the date of this certification through the completion of any contracts with the County of Atlantic to notify the County of Atlantic in writing of any changes to the answers of information contained herein. I acknowledge that I am aware that it is a criminal offense to make a false statement or misrepresentation in this certification, and if I do so, I recognize that I am subject to criminal prosecution under the law and that it will also constitute a material breach of my agreement(s) with the County of Atlantic and that the County of Atlantic at its option may declare any contract(s) resulting from this certification void and unenforceable.

I, being duly sworn upon my oath, hereby represent and state that the foregoing

information and any attachments thereto to the best of my knowledge are true and

complete. I attest that I am authorized to execute this certification on behalf of the above-

referenced person or entity.

Bidder: ________________________________________________

Signature: ________________________________________________

Print Name: ________________________________________________

Title: ________________________________________________

Date: ________________________________________________

BC-1

BID CHECK LIST

Checked Items required with bid Items submitted with bid

(Bidder’s INITIALS )

A FAILURE TO SUBMIT ANY OF THESE ITEMS IS MANDATORY CAUSE FOR REJECTION OF BID

X Complete and sign Proposal page(s) ORIGINAL SIGNATURES

Acknowledgment of receipt of addenda or revisions (if any)

X Disclosure of Investment Activities in Iran

Plumbers Affidavit

B MANDATORY ITEM(S) REQUIRED PRIOR TO AWARD OF

CONTRACT

X Copy of New Jersey Business Registration Certificate for bidder and designated sub consultants

C FAILURE TO SUBMIT ANY OF THESE ITEMS AT TIME OF BID

MAY BE CAUSE FOR REJECTION

X Non–Collusion Affidavit

X Affirmative Action Page (AAI)

Affidavit of Compliance on Consultant ’s Recycling

X References (if required)

X Deviations from Specifications, if applicable, attached in letter form

Other:

Print Name of Bidder: ___________________________________ Date:___________ Signed By: ___________________________________________________________ Print Name & Title: _____________________________________________________

THIS CHECKLIST SHOULD BE INITIALED AND SIGNED WHERE INDICATED AND RETURNED WITH ALL ITEM

Page CEI- 1

EXHIBIT CEI

CONSULTING ENGINEERING SERVICES

For

Construction Engineering & Inspection Services

Atlantic County, New Jersey

TABLE OF CONTENTS

Section 1. INTRODUCTION TO PROJECT 1.1 Intent 2. PROJECT DESCRIPTION 2.1 Brief Description of Project 3. GENERAL INFORMATION FOR SUBMITTING PROPOSALS

(SEE MAIN PORTION OF POOL RFP FOR VARIOUS DAM & TRASPORTATION INFRASTRUCTURE RELATED PROJECTS)

4. GENERAL CONDITIONS FOR AGREEMENT BETWEEN COUNTY AND ENGINEER

FOR CE&I CONSULTING ENGINEERING SERVICES 4.1 Intent and Definitions 4.2 Basic Services of Engineer 4.3 County’s Responsibilities 4.4 Periods of Service 4.5 Payments to Consultant 4.6 General Considerations 5. ENGINEERING STANDARDS AND DETAILED REQUIREMENTS

(SEE MAIN PORTION OF POOL RFP FOR VARIOUS DAM & TRANSPORTATION INFRASTRUCTURE RELATED PROJECTS)

Page CEI- 2

6. DETAILED SCOPE OF SERVICES FOR CONSTRUCTION ENGINEERING &

INSPECTION 6.1 General 6.2 Construction Engineering Phase 7. PROJECT PROPOSAL

(SEE MAIN PORTION OF POOL RFP FOR VARIOUS DAM & TRASPORTATION INFRASTRUCTURE RELATED PROJECTS)

Page CEI- 3

SECTION 1

INTRODUCTION TO PROJECT 1.1 INTENT Atlantic County requires the professional engineering services of consulting engineering firms with professional engineers and qualified construction inspectors who are experienced in highway and bridge construction projects and registered with NICET (National Institute for the Certification of Engineering Technicians). The County will reconstruct, rehabilitate, repair or resurface several paved roads, bridges and dams which require full-time continuous inspection. A brief description of anticipated projects is given on the following page. The County expects to award several contracts under this proposal so that it can create a short list of consulting engineering firms who may be called upon whenever consulting engineering inspection services are required. The rotation refers only to the list of consulting engineering firms and not to the various inspectors within one firm. Contracts will be awarded to a list of firms most responsive to the requirements of this RFP. For each inspection engagement, the consulting engineering firm shall assign a New Jersey licensed professional engineer who will supervise one or more construction inspectors being assigned to the project. The licensed engineer shall report to the County Engineer. Each selected consulting engineering firm shall be covered under a professional liability errors and omissions policy to protect the interests of the County. The scope of inspection services required under this proposal will include highway reconstruction, resurfacing, and traffic signalization, as well as bridge, dam, and drainage projects. Inspection services will also include “road openings” or other work performed by others such as utility companies, land developers, municipalities, etc. who perform work on the County’s highways and other County infrastructure with the permission of the County.

Page CEI- 4

SECTION 2

PROJECT DESCRIPTION 2.1 BRIEF DESCRIPTION OF PROJECT The project types requiring road construction inspection over the term of the project include; milling and overlaying roadway, road reconstruction and rehabilitation, soil stabilization, utility road excavations and related repair, and traffic signalized intersections. They range in length from less than a mile to several miles. All of these roads lie within the jurisdictional boundaries of Atlantic County.

The project types requiring heavy construction inspection over the term of the project include; dam repair and rehabilitation, bridge repair, rehabilitation and replacement, and all associated work which may include roadway reconstruction, drainage, bridge/guide rail systems, control of stormwater and bodies of water, etc. All of these bridges, dams and roads lie within or along the jurisdictional boundaries of Atlantic County.

Page CEI- 5

SECTION 3

GENERAL INFORMATION FOR SUBMITTING PROPOSALS (SEE MAIN PORTION OF POOL RFP FOR VARIOUS DAM & TRASPORTATION

INFRASTRUCTURE RELATED PROJECTS)

Page CEI- 6

SECTION 4

GENERAL CONDITIONS FOR AGREEMENT BETWEEN COUNTY AND ENGINEER

FOR CE&I CONSULTING ENGINEERING SERVICES 4.1 INTENT AND DEFINITIONS DEFINITIONS “County” means the County of Atlantic, a governmental corporation under

the laws of the State of New Jersey. “Consultant”, “Engineer”, “Land Surveyor” means the person, firm or

corporation with whom the County has entered into an agreement to furnish engineering and/or land surveying services.

“NICET” means National Institute for the Certification of Engineering

Technicians. “NJDOT” – means New Jersey Department of Transportation. “FHWA” – means Federal Highway Administration. “NJDEP” – means New Jersey Department of Environmental Protection INTENT General Conditions contained herein delineate the standard services to

be provided by the Engineer while providing consulting engineering services to the County. These General Conditions shall be incorporated into the contract to be executed between the County and Engineer unless otherwise specifically modified by a provision of the contract.

4.2 BASIC SERVICES OF ENGINEER GENERAL The Engineer shall provide professional consulting engineering services

for the County in all phases of the project to which these General Conditions apply as hereinafter provided. These services will include serving as County’s professional engineering representative for the project, providing professional engineering consultation and advice, and furnishing customary civil engineering services incidental thereto. The Engineer shall have authority to act on behalf of the County only to the extent provided in this Agreement unless otherwise authorized by written instrument.

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The following project phases marked with an “X” or check mark will be required to be completed by the Engineer under this agreement:

x Construction Phase CONSTRUCTION PHASE

Upon verbal request to proceed with the Construction Phase, the Engineer shall:

Attend the pre-construction conference. After the pre-construction conference and after the County has

issued the Notice to Proceed, the Engineer shall perform the tasks of associated with the general administration of the construction contract and the inspection of the construction work.

General Administration of Construction Contract. The

Engineer shall consult with and advise the County and act as the County’s representative during the execution of the construction contract. The extent and limitations of the duties, responsibilities and authority of the Engineer shall be set forth in Exhibit CEI, Section 6 - Construction Engineering and Inspection Phase in the Detailed Scope of Services except as modified by the County’s contract.

Visits to Site and Inspection of Construction. In connection

with inspection of the work of the Contractor while the work is in progress:

The Engineer shall make visits to the site at intervals

appropriate to the various stages of construction in order to inspect as an experienced and qualified design professional the progress and quality of the various aspects of the contractor’s work. In addition, if required in the proposal, the Engineer shall provide more continuous inspection of the work. Based on information obtained during such visits and on such inspections, the Engineer shall determine if such work is proceeding in accordance with the contract documents, and the Engineer shall keep the County informed of the progress of the work.

The Resident Engineer and any inspectors will be the

Engineer’s agents or employees and shall be under the Engineer’s supervision. The detailed duties and responsibilities of the Resident Engineer and other Inspectors are set forth in Exhibit CEI, Section 6 - Detailed Scope of Services, Construction Engineering and Inspection Phase.

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The purpose of the Engineer’s and Resident Engineer’s inspection is to insure construction in accordance with the design plans and specifications.

However, the Engineer shall not, during such visits or as a

result of such inspections of the Contractor’s work in progress, supervise, direct or have control over the Contractor’s work nor shall the Engineer have authority over or responsibility for the means, methods, techniques, sequences or procedures of construction selected by the Contractor, or safety precautions and programs incidental to the work of the Contractor or for any failure of the Contractor to comply with laws, rules, regulations, ordinances, codes or orders applicable to the Contractor furnishing and performing the work.

Defective Work. The Engineer during construction inspection

may disapprove of or reject the Contractor’s work if the Engineer believes that the work does not conform to the contract documents or design integrity of the project.

Interpretations, Clarifications, Work Directive Changes, and

Change Orders. The Engineer may issue interpretations and clarifications of the contract documents as required. The Engineer shall be responsible for preparing Work Directive Changes and Change Orders with supporting documentation and data for the approval by the Board of Chosen Freeholders and execution by the County Executive in accordance with the County’s contract.

Shop Drawings. The Engineer shall review and approve shop

drawings and other data which the contractor is required to submit, for conformance with the design concept of the project and compliance with the information given in the contract documents.

Substitutes. The Engineer shall evaluate and determine the

acceptability of substitute materials and equipment proposed by the Contractor to determine the equivalency of the substitute materials and equipment under the terms and conditions of the contraction contract specifications.

Additional Inspections and Tests. When the Engineer deems it

necessary or advisable for implementing the intent of the construction contract documents, the Engineer will have the authority to require additional inspection or testing of the construction contractor’s work in accordance with the contract documents and at the contractor’s expense.

Disputes between the County and Contractor. The Engineer

shall act as initial interpreter of the requirements of the contract documents and shall determine the acceptability of the work. In the

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event of a dispute between Engineer and the Contractor the County Engineer will be the final arbiter.

Applications for Payment. Based on the inspections, and

information provided by the Resident Engineer, the Engineer shall determine the amounts owed to the Contractor and make recommendations of appropriate payments to the County.

Contractor’s Completion Documents. The Engineer shall

receive and review maintenance and operating instructions, schedules, guarantees, bonds and certificates of inspection, tests and approvals, and other documents which are to be assembled by the Contractor in accordance with the contract documents. The Engineer, upon receiving and reviewing these documents, shall transmit them to the County with written comments.

Inspections. The Engineer shall conduct an inspection to

determine if the work is substantially complete and a final inspection to determine if the completed work is acceptable so that the Engineer may recommend in writing final payment to the Contractor and may give written notice to the County and the Contractor that the work is acceptable, subject to any conditions therein expressed. Upon completion of all construction, including change orders and punch list items, the Engineer shall provide a certification of completion to the County Engineer. The County Engineer shall then issue the certificate of final completion and shall certify that the project has been completed, and is ready for final payment.

As-Built Plans. The Engineer shall prepare a set of “red line”

as-built plans showing those changes made during the construction process, based on the marked-up prints, drawings, data, etc. furnished by the Contractor to the Engineer and information obtained by the Engineer’s staff.

Design Plan Changes. The Engineer will not be responsible to

prepare design change plans under this Construction Engineering and Inspection Services Contract. Should a design change become necessary on a construction project the design engineer who prepared the construction project design will prepare the necessary design change plans. Such design change plans shall be in the same layout and on reproducible mylars and digital media in a format compatible with the County’s CADD software used for the original design plans. Should the project’s specifications also need to be revised as a result of the design change, the design engineer will also prepare the specifications, as may be necessary to construct the changes to the project.

Deliverables. The New Jersey Licensed Engineer is responsible

for submitting all deliverable work products on or before the construction project close-out date. As appropriate for the type of

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work ordered, the deliverables shall include all of the following or such other items as may be directed in the RFP:

a. Change Orders and related explanations & documents. b. NJDOT required documents.

c. Punchlist Work, Punchlist completion and Project Completion Certification.

d. Original Pre-construction DVD movie of entire existing

conditions for the work area and the immediate area along the sides of the project work area.

e. All project related notes and documents, including as-built plans

f. Red Line As-Built drawings, and similar documents.

The detailed duties and responsibilities of the Engineer during the Construction Phase may be amended and supplemented in Section 6 - Detailed Scope of Services.

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4.3 COUNTY’S RESPONSIBILITIES The County shall do the following: Designate the following person to act as the County’s representative with

respect to the services to be rendered under the contract. Such person shall have complete authority to transmit instructions, receive information, interpret and define County’s policies and decisions with respect to the Engineer’s services for the project.

County Engineer Atlantic County Division of Engineering New Road & Dolphin Avenue PO Box 719 Northfield, NJ 08225-0719 Furnish to the Engineer, subject to availability and applicability the

following information: Existing Plans and Specifications for the project; Furnish a typical sample of the appropriate County “boiler plate”

forms and documents as may be required during the project. Arrange for access to and make provisions for the Engineer to enter upon

public property owned by the County. Pay necessary fees required for approvals and permits from

governmental agencies having jurisdiction over the project. Conduct the pre-construction conference. Issue authorized change orders and execute field work changes. Attend construction progress and other job related meetings and

substantial completion inspections and final payment inspections. Through the County Engineer, issue a certificate of substantial completion

and certify that the construction work has reached final completion and is ready for final payment.

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4.4 PERIODS OF SERVICE Pursuant to NJSA 40A:11-15(9), the Engineer’s obligation to render services

shall begin at the notice to proceed and start with attendance at the pre-construction conference and extend through the utility relocation phase, construction, punch list work, final payment authorization, and final close-out of the project in accordance with the construction project schedule. Any modifications must be approved by the County.

The consulting engineering services called for in these General Conditions

and in Exhibit CEI, Section 6 - Detailed Scope of Services shall be completed within the stipulated and/or proposed time periods indicated. Failure to provide the contract services within the stipulated time periods shall constitute a breach of contract entitling the County to proceed with all available legal remedies at its disposal.

4.5 PAYMENTS TO CONSULTANT Method of Payment for Consulting Engineering Services. The County shall

pay the Engineer on an hourly rate basis in accordance with the schedule furnished with the Proposal Form.

Payment Schedule. The Consultant may submit statements for consulting

engineering services rendered. The statements shall be based upon the detailed daily statements for construction engineering and inspection services rendered and actually completed at the time of billing. Each statement shall be signed by the Engineer. The County retains the right to withhold payment until the product defined on the Proposal Form has been delivered and approved by the County.

Payment Due to Termination. In the event of termination by the County under

the terms of this contract, progress payments due to the Engineer for consulting engineering services rendered through the termination shall constitute total payment for such services.

Reimbursable Expenses. THERE ARE NO REIMBURSABLE EXPENSES UNDER THE TERMS OF THIS CONTRACT. All expenses such as overhead and profit, transportation, telephone calls, postage, equipment usage or rental (except as otherwise provided by this RFP), copies, printing, fax, overtime, meetings or conferences, or any other related fee shall be included in the unit prices furnished in the Proposal and in accordance with the Proposal Form. No additional payments under any conditions shall be made by the County for expenses incurred by the Engineer.

4.6 GENERAL CONSIDERATIONS Termination. The County may terminate this agreement upon 30 days written

notice to the Engineer without cause and upon 5 days written notice for cause. Ownership of Documents. All documents including drawings and specifications

prepared or furnished by the Engineer shall become the property of the County once the documents are delivered to the County and may be used by the County for its purposes. Any drawings or specifications or other information relating to

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the project prepare under contract with the County cannot be used for any other project without written permission of the County.

Insurance Requirements. Engineer’s insurance requirements are described in

Exhibit INS - Insurance Requirements. Controlling Law. This agreement is to be governed by the laws of the State of

New Jersey and any litigation commenced in relation to this agreement shall be in New Jersey Superior Court and venue in Atlantic County.

Successors and Assigns. The Engineer is hereby bound and the partners, successors, executors,

administrators and legal representatives of the Engineer and the assigns of the Engineer are hereby bound to this agreement and to the County in respect of all covenants, agreements and obligations of this agreement.

The Engineer shall not assign, sublet or transfer any rights under or

interest in this agreement without the written consent of the County, except to the extent that any assignment, subletting or transfer is mandated by law. No assignment will release or discharge the assignor from any duty or responsibility under this agreement.

Nothing under this agreement shall be construed to give any rights or

benefits in this agreement to anyone other than the County and the Engineer, and all duties and responsibilities undertaken pursuant to this agreement will be for the sole and exclusive benefit of the County and Engineer and not for the benefit of any other party.

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SECTION 5

ENGINEERING STANDARDS AND REQUIREMENTS (SEE MAIN PORTION OF POOL RFP FOR VARIOUS DAM & TRASPORTATION

INFRASTRUCTURE RELATED PROJECTS)

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SECTION 6

DETAILED SCOPE OF SERVICES FOR CONSTRUCTION ENGINEERING & INSPECTION

6.1 GENERAL This scope of services is incorporated by reference into the Contract between

County and Engineer providing consulting engineering services. The Basic Services of Engineer as described in Exhibit CEI, Section 4 of the General Conditions are amended or supplemented as indicated and the time periods for the performance of certain services as indicated in the main portion of the RFP as “General Conditions” are included.

The construction project may be funded with State Aid or Federal Aid from the NJ

Department of Transportation (NJDOT), and/or with Atlantic County funds. All required reports, documents, calculations, etc. which are necessary for the

project’s construction and final approval shall conform to the standard format set forth in the NJDOT’s “State Aid Handbook” Procedures for State Aid to Counties and Municipalities, the NJDOT’s “Federal Aid Handbook” for federal aid projects, and as appropriate the Atlantic County’s Engineer’s Office.

All media including documents, plans, correspondence, email, computer

disks, reports, etc. shall have the County’s Division of Engineering’s File Identification Number, State and Federal Project Identification Numbers, as appropriate, Highway Route Number and Name, Bridge and/or Culvert Number and Name, Dam Number/Name, County Highway Segment Code, etc. included on the media.

6.2 CONSTRUCTION ENGINEERING PHASE The Engineer shall furnish a qualified Resident Engineer (RE) with the

appropriate experience and Highway Construction Inspector (NICET Level II, Level III, Level IV, or Qualified Other - Highway Construction) or Heavy Construction Inspector (NICET Level III, Level IV, or Qualified Other – Highway Construction) with appropriate experience, and other qualified field staff as circumstances require to assist the Engineer in inspecting the work by the contractor.

The Resident Engineer will protect the County from any defects in materials or

workmanship by the construction Contractor. This is to be accomplished through full time on-site inspection of the project site. The Engineer is not responsible for nor in control of the means, methods, techniques, sequences or procedures for construction of the project. The Construction contractor is responsible for these items.

The duties and responsibilities of the Resident Engineer are limited to those of

the Engineer as further delineated in Exhibit CEI, Section 4, General Conditions for Agreement ... for Consulting Engineering Services and are further limited and described as follows:

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General - The Resident Engineer is Engineer’s agent at the site and shall act as directed under the supervision of the Engineer. The RE’s dealing in construction matters pertaining to the on-site work shall in general be with the Engineer and Contractor. The RE’s dealings with subcontractors shall only be through or with the full knowledge and approval of contractor. The RE shall communicate with the County with the knowledge of and under the direction of the Engineer.

Duties and Responsibilities of RE Schedules - Review the progress schedule prepared by the

contractor and consult with Engineer concerning acceptability. Meetings - Attend meetings with the contractor such as

preconstruction conferences, progress meetings, job conferences and other project related meetings, and prepare and circulate the minutes thereof.

Liaison - The RE shall serve as the Engineer’s liaison with

contractor working principally with the contractor’s superintendent and the RE shall assist in understanding the contract documents. The RE shall also assist the Engineer in serving as the County’s liaison with the contractor. In addition, the RE shall assist in obtaining additional details or information from the County when required for proper execution of the work.

Existing Conditions DVD Movie - The RE is to direct the

contractor to immediately, and before any construction work begins, have made a professional Pre-construction DVD movie of the entire existing conditions of the work area and the immediate area along the sides of the project work area. This DVD is to be a record of conditions before construction. When the contractor has finished recording the existing conditions, the RE is to immediately review this movie for content, and if found to be clear, properly done, and adequate, the RE shall immediately record the date of receipt and provide a copy to the County Engineer’s Office before the construction begins.

Shop Drawings - The RE shall record the date of receipt of all

shop drawings delivered to the site and advise the Engineer and the contractor of the commencement of any work requiring a shop drawing if the submittal has not been approved by the Engineer.

Review of Work, Rejection of Defective Work, Inspections and

Tests -The RE shall conduct on-site inspection of the work in progress and shall assist the Engineer in determining if the work is in general proceeding in accordance with the plans and specifications. If the RE believes that any work is unsatisfactory, faulty or defective or does not conform to the plans or specifications, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made, the RE shall report this to the Engineer and shall further

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advise the Engineer of any work that the RE believes should be corrected or rejected or should be uncovered for inspection or requires special testing inspection or approval. The RE shall verify that tests, equipment and operating and maintenance are conducted in the presence of appropriate personnel and that the contractor maintains adequate records thereof. The RE shall report appropriate details relative to test procedures and results to the Engineer.

Interpretation of Contract Documents - When clarifications and

interpretations of the plans and specifications are requested by the contractor, the RE shall report this information to the Engineer and shall then transmit to the contractor the clarifications and interpretations as issued by the Engineer.

Modifications to Plans and Specifications - Contractor’s

suggestions for modifications to the plans or specifications shall be considered and evaluated by the RE and reported with the RE’s recommendations to the Engineer. The RE shall then transmit the decisions issued by the Engineer to the contractor.

Records - The RE shall maintain at the job site orderly files for

correspondence, reports of job conferences, shop drawings, reproductions of original plans and specifications including all addenda, change orders, field orders, additional plans issued subsequent to the execution of the contract, Engineer’s clarifications and interpretations of the plans and specifications, progress reports and other project related documents. The RE shall keep a diary or log book, recording contractor hours on the job site, weather conditions, data relative to questions of field changes, change orders or other change conditions, list of job site visitors, daily activities, field decisions, observations in general and specific observations in more detail as in the case of observing test procedures. The RE shall send copies of the diary or field log to the Engineer and County. The RE shall also record names, addresses, and telephone numbers of all contractors, subcontractors and major suppliers of materials and equipment.

Upon the project attainment of “final completion”, the RE shall

assemble the project construction related documents into a multi-volume, final records set of binders for turnover to the County. This assemblage of records will be specific to the project undertaken and should contain the following general groupings as a minimum:

• Construction Support Services – Field Testing, such as :

• Geotechnical Data

• Pile Driving Records

• Mix Designs

• Material Test Reports (Aggregates)

• Material Test Reports (Concrete)

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• Material Test Reports (Contaminated Soils, if applicable)

• Construction Support Administration Records:

• Correspondence from Pre-Con to Final Completion

• RFIs

• Certificates of Compliance

• Material Test Reports

• SA-11 Materials Questionnaire

• Approved Specialty Materials Submittals

• Inspection Reports Reports - The RE shall furnish the Engineer and County Engineer

periodic reports as required of progress of the work and of contractor’s compliance with the progress schedule and schedule of shop drawings. The RE shall advise the Engineer and County Engineer in advance of scheduled major tests, inspections or start of important phases of the work. The RE shall draft proposed change orders and work changes, obtaining back-up material from the contractor and recommend to Engineer change orders, work changes and field orders. The RE shall report immediately to both the Engineer and County upon the occurrence of any accident.

Payment Requests - The RE shall review applications for

payment with the contractor for compliance with the contract and shall forward the recommendations to the Engineer,

Completion - Before the Engineer recommends a certificate of

substantial completion to the County Engineer, the RE shall submit to the contractor a list of observed items requiring completion or correction. The RE shall also conduct a final inspection in the company of the Engineer, County and contractor and shall then prepare a final punch list of items to be completed or corrected. Prior to making recommendation for final payment to the Engineer, the RE shall assure that all items on the final punch list have been completed or corrected by the contractor.

Communication and Emergencies - The RE shall have a cell

phone in his or her possession at all times in case the County Engineer requires any communication with the site. In addition, the RE shall supply the County with a twenty-four hour phone number to be used in case of emergency. Emergencies including but not limited to accidents involving property damage, bodily injury, hazardous waste spills or unearthing hazardous waste, or damage to existing utility infrastructure.

As-Built Plans - The RE shall prepare a set of as built plans in

accordance with Exhibit CEI, Section 4.

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Limitations of RE Authority. The RE: Shall not authorize any deviation from the contract plans or

specifications or substitute any materials or equipment not authorized by the Engineer;

Shall not exceed limitations of Engineer’s authority as set forth in

the General Conditions or the Contract; Shall not undertake any of the responsibilities of contractor,

subcontractor or contractor’s superintendent; Shall not advise on, issue directions relative to or assume control

of any aspect of the means, methods, techniques, sequences or procedures of construction without prior approval of the Engineer and County Engineer

Shall not advise on, issue directions regarding or assume control

over safety precautions and safety programs in connection with the work;

Shall not accept shop drawings from anyone other than the

contractor; Shall not participate in specialized field or laboratory tests or

inspections conducted by others.

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