6/15/09

STA Last Revised: 03.25.26

BERGEN COUNTY IMPROVEMENT AUTHORITY

BID DOCUMENTS FOR “CONSTRUCTION” CONTRACTS

AT

BERGEN NEW BRIDGE MEDICAL CENTER

PROJECT: BCIA/ BNBMC PSE&G ENGINEERED SOLUTIONS PROGRAM

PHASE IV HEATING UPGRADES PROJECT

AT

BERGEN NEW BRIDGE MEDICAL CENTER

TABLE OF CONTENTS

DOCUMENT NO. PAGES

1. NOTICE TO BIDDERS

2. INSTRUCTIONS TO BIDDERS

3. GENERAL CONDITIONS AND SUPPLEMENTARY GENERAL

CONDITIONS

4. BCIA CONSTRUCTION CONTRACT FORM

A. SCHEDULE “A” (IDENTIFICATION OF DRAWINGS)

B. SCHEDULE “B” (IDENTIFICATION OF CONSTRUCTION

SPECIFICATIONS)

C. SCHEDULE “C” (PREVAILING WAGE RATES)

D. SCHEDULE “D” (INITIAL PROJECT WORKFORCE

REPORT ON FORM AA-201 AND INSTRUCTIONS FOR

COMPLETION)

E. SCHEDULE “E” (TARGETED EMPLOYMENT GOALS)

5. PERFORMANCE, PAYMENT AND MAINTENANCE BOND FORM

6. BID FORM

7. BID ACCEPTANCE FORM

8. AUTHORIZATION TO PROCEED FORM

9. BID DOCUMENT AND CONTRACT DOCUMENT CHECKLISTS (FOR USE BY

BIDDERS IN CONNECTION WITH (1) COMPLETION OF ALL NECESSARY BID

DOCUMENTS RELATING TO BERGEN NEW BRIDGE MEDICAL CENTER AND (2)

EXECUTION AND SUBMISSION OF CONTRACT DOCUMENTS RELATING

THERETO)……………………….87

10. STATEMENT AS TO PERFORMANCE SECURITY IN THE FORM

OF A BID BOND OR CERTIFIED OR BANK CASHIER’S CHECK

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11. NOTICE AND CERTIFICATION RELATING TO PUBLIC WORKS

CONTRACTOR REGISTRATION WITH THE NEW JERSEY

DEPARTMENT OF LABOR

12. NON-COLLUSION AFFIDAVIT

13. DISCLOSURE STATEMENT

14. STATEMENT OF OWNERSHIP

15. IDENTIFICATION OF SUBCONTRACTORS BY BIDDER AND

EVIDENCE OF PERFORMANCE SECURITY

16. NOTICE AND CERTIFICATION RELATING TO BUSINESS

REGISTRATION WITH THE NEW JERSEY DEPARTMENT OF

THE TREASURY

17. PLEDGE BY INSURER OF INSURANCE COVERAGE

18. CERTIFICATION RELATING TO EQUAL EMPLOYMENT

OPPORTUNITY AND AFFIRMATIVE ACTION COMPLIANCE

19. NOTICE AND CERTIFICATION RELATING TO CONTRACTOR/

SUBCONTRACTOR RESPONSIBILITY (INCLUDING

PARTICIPATION IN REGISTERED APPRENTICESHIP

PROGRAMS) FOR ALL CONTRACTS FOR $250,000.00 OR

MORE

20. NOTICE AND CERTIFICATION RELATING

TO PROJECT LABOR AGREEMENT FOR ALL CONTRACT FOR

$5,000,000.00 OR MORE AND PROJECT LABOR AGREMENT FORM

…………………………………………………………………………………………………..117

21. CERTIFICATION OF NON-DEBARMENT FOR

FEDERAL GOVERNMENT CONTRACTS………………………………………..121

22. IDENTIFICATION OF PLANS (DRAWINGS)

23. IDENTIFICATION OF CONSTRUCTION SPECIFICATIONS

NOTICE TO BIDDERS

Concealed bids will be received by the Bergen County Improvement Authority on Thursday, July 30, 2026 at 12:00 p.m. prevailing time ELECTRONICALLY through the Bonfire E-

Procurement Platform accessible through www.BergenBids.com:

Bid No. BCIA-2026-003 – Bergen County Improvement Authority/Bergen New

Bridge Medical Center PSE&G Engineered Solutions Program –

Phase 4 Heating Upgrades

260 E. Ridgewood Avenue, Paramus NJ 07652

Specifications and drawings are available through the Euna E-Procurement Platform accessible through www.BergenBids.com at no charge.

Bidders Requests for information (RFI) or clarification must be submitted through the Euna E-

Procurement Platform no later than 2:00 P.M. on Monday, July 13, 2026. Please note that all

RFIs and/or clarifications will be answered by 2:00 P.M. on Monday, July 20, 2026.

A Pre-Bid Conference will be held on Tuesday, June 30, 2026 at 10:00 a.m. to meet at the front lobby of Bergen New Bridge Medical Center, 230 E. Ridgewood Ave, Paramus NJ 07652.

Attendance by all prospective bidders and their sub-contractors and suppliers is not mandatory but is strongly encouraged.

Bidder shall submit with the bid an electronic bid bond in the amount of ten percent (10%) of the total price bid, but not in excess of $20,000.00, payable unconditionally to Bergen County

Treasurer, along with a Certificate (Consent of Surety) with Power of Attorney for the full amount of the bid price from a Surety Company authorized to do business in the State of New

Jersey and said Surety will furnish a consolidated Performance and Payment Bond in amounts of

100% of the successful Bidder’s contract. If the Bidder is to submit a certified check or cashier’s check, it must be received at the Bergen County Improvement Authority no later than the time stated above at 327 E. Ridgewood Avenue, Paramus, NJ 07652—ALL OTHER DOCUMENTS

MUST BE SUBMITTED ELECTRONICALLY

All Bid Addenda will be issued on the website as well as in accordance with N.J.S.A. 40A:11-

23c. Notice of addenda shall be provided pursuant to N.J.S.A. 40A:11-23. It is the sole responsibility of the respondent to be knowledgeable of the content of all addenda related to this procurement. Bidders shall comply with the requirements of N.J.S.A. 10:5-31 and N.J.A.C. 17-

27 et seq. Bidders shall comply with N.J.S.A. 34:11-56.37 and N.J.S.A. 34:11-56.38 of the

“Prevailing Wage Act.”

Maizie O’Connor, Assistant Secretary Mauro Raguseo, Executive Director

BERGEN COUNTY IMPROVEMENT AUTHORITY BERGEN COUNTY IMPROVEMENT AUTHORITY

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INSTRUCTIONS TO BIDDERS

Covering all Contracts

1.0 BIDS

1.1 Sealed Proposals (Bids) will be received and publicly opened and read aloud on the date and at the time and location set forth in the Notice to Bidders. The term

“Bidder” is sometimes hereinafter interchangeably referred to as the “Contractor.”

1.2 The Bid Documents, are provided digitally unless specifically stated in the notice to bidders and the documents shall be submitted ELECTRONICALLY.

1.3 Each Bid proposal MUST be accompanied by the following, unless otherwise stated:

A. Bid Document and Contract Document Checklists (For Use by Bidders).

B. Bid Acceptance Form.

C. Statement as to Performance Security in the form of a Bid Bond or Certified or Bank Cashier's Check.

D. Bid Bond. Bidder shall submit with the bid an electronic bid bond in the amount of ten percent (10%) of the total price bid, but not in excess of

$20,000.00, payable unconditionally to Bergen County Improvement

Authority, along with a Certificate (Consent of Surety) with Power of

Attorney for the full amount of the bid price from a Surety Company authorized to do business in the State of New Jersey and said Surety will furnish a consolidated Performance and Payment Bond in amounts of 100% of the successful Bidder’s contract. If the Bidder is to submit a certified check or cashier’s check, it must be received at the Bergen County

Improvement Authority no later than the time stated above at 327 E.

Ridgewood Avenue, Paramus, NJ 07652—ALL OTHER DOCUMENTS

MUST BE SUBMITTED ELECTRONICALLY.

E. Consent of Surety from a Surety Company, licensed by the New Jersey

Department of Insurance, that such Surety Company will provide the

Authority with a Performance, Payment and Maintenance Bond in the form contained in the Bid Documents and in an amount equal to One Hundred

(100%) of the Contract Value.

F. Notice and Certification Relating to Public Works Contractor Registration with the New Jersey Department of Labor.

G. Optional at the time of submission of Bid: Copy of Bidder's Certificate of Registration (issued by Department of Labor). If this is not submitted with the Bid, it must be submitted prior to the award of a Contract to the Bidder.

H. Optional at the time of submission of Bid: Copies of Certificates of

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Registration (issued by Department of Labor) for all of the Bidder's

Subcontractors. If these are not submitted with the Bid, they must be submitted prior to the award of a Contract to the Bidder.

I. Non-Collusion Affidavit.

J. Disclosure Statement.

K. Statement of Ownership.

L. Identification of Subcontractors by Contractor and Evidence of

Performance Security.

M. Notice and Certification Relating to Business Registration with the New

Jersey Department of the Treasury.

N. Optional at time of submission of Bid: Copy of the Bidder's Business

Registration Certificate (issued by Department of the Treasury). If this or such other proof of business registration with the Department of the

Treasury as is discussed in the Notice and Certification referred to L.

above is not submitted with the Bid, it must be submitted prior to the award of a Contract to the Bidder.

O. Optional at time of submission of Bid: Copies of the Business

Registration Certificates (issued by Department of the Treasury) for all of the Subcontractors to whom the Bidder will be subcontracting the furnishing of:

(1) plumbing and gas fitting and all kindred work;

(2) steam and hot water heating and ventilating apparatus, steam power plants and all kindred work;

(3) electrical work;

(4) structural steel and ornamental work; and

(5) all other work required for completion of the Project.

If these or such other proofs of business registration with the

Department of the Treasury as are discussed in the Notice and

Certification referred to L. above are not submitted with the Bid, they must be submitted prior to the award of a Contract to the Bidder.

P. Pledge By Insurer of Insurance Coverage.

Q. Certification Relating to Equal Employment Opportunity and Affirmative

Action Compliance.

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R. Notice and Certification Relating to Contractor/Subcontractor

Responsibility (Including Participation in Registered Apprenticeship

Programs) for all Contracts and Bids for $250,000.00 or More.

S. Notice and Certification Relating to Project Labor Agreements for all

Contracts for $5,000,000.00 or More.

T. Certification on Non-Debarment for Federal Government Contracts

1.4 The Bidder's Bid Bond or Certified or Cashier's Check shall be applied to the

Authority’s claim for damages in the event the successful Bidder fails to deliver the

Contract and Performance, Payment and Maintenance Bond within the time stated under Section 24.0 of these Instructions.

1.5 The Bidder's Bid, Statement as to Performance Security, Bid Bond or Check, and the Consent of Surety and the other documents required to accompany the Bid shall be enclosed in a sealed envelope, plainly marked on the outside as follows:

PROPOSAL BY:

Identity of Bidder

PROPOSAL FOR:

Identity of Project

1.6 In accordance with law, the Authority shall not be held responsible for the premature opening or any improperly identified Bid.

1.7 No Bid may be withdrawn within sixty (60) days after the Bid Opening, except the

Bidder can request withdrawal in accordance with N.J.S.A. 40A:11-23.3.

2.0 SECURING CONTRACT DOCUMENTS

2.1 Copies of the Contract Documents (as defined in Section 2.1.A.1.a of the General

Conditions and Supplementary General Conditions) are on file on the Bonfire E-

Procurement Platform accessible through www.BergenBids.com.

2.2 Copies of the Contract Documents (including the Bid Documents, BNBMC

Procedure Documents, the Plans (Drawings) and the Construction Specifications) may be reviewed on the Bonfire E-Procurement Platform accessible through www.BergenBids.com.

https://protect.checkpoint.com/v2/r01/___http:/www.BergenBids.com___.YXAzOmFsYW1waS1sYXc6YzpvOmQwZWI2OTE0MjBkOGQxOGYyNjUyYjZhMmYyMmZkMTU3Ojc6NDhhYjpjZWUyOGY2YzUxZDJiNGM2MmYxMjFkYjllNjRjNjBiMzdlZWM2MWNhZGRlZjhjZDc5ODQ4OTE2ZmI2ZGE3MzE0OnA6VDpO https://protect.checkpoint.com/v2/r01/___http:/www.BergenBids.com___.YXAzOmFsYW1waS1sYXc6YzpvOmQwZWI2OTE0MjBkOGQxOGYyNjUyYjZhMmYyMmZkMTU3Ojc6NDhhYjpjZWUyOGY2YzUxZDJiNGM2MmYxMjFkYjllNjRjNjBiMzdlZWM2MWNhZGRlZjhjZDc5ODQ4OTE2ZmI2ZGE3MzE0OnA6VDpO

3.0 PROOF OF COMPETENCY OF BIDDERS

3.1 Any Bidder may be required to furnish evidence satisfactory to the Authority that the Bidder and his proposed Subcontractors have sufficient means and experience in the types of work called for to assure completion of the Contract in a satisfactory manner.

3.2 The Authority reserves the right to reject any Bid if the evidence submitted fails to satisfy the Authority that the Bidder and/or Bidder’s proposed Subcontractors are qualified to carry out and complete the Contract.

4.0 EXAMINATION OF SITE AND CONTRACT DOCUMENTS

4.1 Prior to submitting a Bid, the Bidder shall:

A. Carefully examine the Plans (Drawings) and read the Construction

Specifications.

B. Fully acquaint and familiarize itself with the conditions as they exist and the character of the operations to be carried on under the proposed Contract, and make such investigation as the Bidder may see fit so that the Bidder shall fully understand the facilities, difficulties, and restrictions accompanying the work under this Contract.

C. Bring to the attention of the Authority any variations in the Contract Documents and the actual site conditions that would affect the Bid, which shall be reported to www.BergenBids.com in sufficient time to enable the Authority to correct such variations, by Addenda, if necessary.

4.2 To bring into perspective all the above items, it is important that all Bidders attend a Pre-Bid Conference as noted in the Notice to Bidders.

4.3 Should the Bidder observe that any of the Contract Documents are at variance with applicable laws, statutes, building codes or regulations in any respect, the Bidder shall promptly notify the Authority the www.BergenBids.com and any necessary changes to the Contract Documents shall be accomplished by appropriate modification. If the Bidder submits its Bid without first bringing such variance to the attention of the Authority, the Bidder shall assume full responsibility and shall bear all costs attributable thereto should it be awarded a Contract.

4.4 In submitting its Bid, the Bidder covenants that it has carefully examined the

Contract Documents, Addenda, if any, and the Site, that, as a result of such examination, it fully understands the intent and purpose of the Contract Documents and its obligations thereunder, and that it will not make claim for, or have any right to damages, because of the lack of any information.

https://protect.checkpoint.com/v2/r01/___http:/www.BergenBids.com___.YXAzOmFsYW1waS1sYXc6YzpvOmQwZWI2OTE0MjBkOGQxOGYyNjUyYjZhMmYyMmZkMTU3Ojc6NDhhYjpjZWUyOGY2YzUxZDJiNGM2MmYxMjFkYjllNjRjNjBiMzdlZWM2MWNhZGRlZjhjZDc5ODQ4OTE2ZmI2ZGE3MzE0OnA6VDpO https://protect.checkpoint.com/v2/r01/___http:/www.BergenBids.com___.YXAzOmFsYW1waS1sYXc6YzpvOmQwZWI2OTE0MjBkOGQxOGYyNjUyYjZhMmYyMmZkMTU3Ojc6NDhhYjpjZWUyOGY2YzUxZDJiNGM2MmYxMjFkYjllNjRjNjBiMzdlZWM2MWNhZGRlZjhjZDc5ODQ4OTE2ZmI2ZGE3MzE0OnA6VDpO

5.0 INTERPRETATION OF CONTRACT DOCUMENTS PRIOR TO BIDDING

5.1 Should any Bidder be in doubt as to the true meaning of any part of the Contract

Documents, or find discrepancies in or omissions from any part of the Contract

Documents, it shall submit to the Executive Director and the Owner’s

Representative a written request for an interpretation or correction thereof.

5.2 Requests for interpretation or correction of the Contract Documents shall be submitted to, and be in possession of, the Executive Director and the Owner’s

Representative via www.BergenBids.com so as to allow sufficient time for the

Executive Director and the Owner’s Representative’s reply to reach each Bidder before the time set for the submission of Bids.

5.3 Bidders must address all communications regarding this work to the Executive

Director of the Authority via www.BergenBids.com.

5.4 Interpretations and/or corrections of the Contract Documents will be made only by

Addendum and will be delivered to each Prospective Bidder who has received a bid or has received a bid package through www.BergenBids.com. The Authority will not be responsible for any oral explanations or interpretations of the Contract

Documents.

5.5 If the Bidder, prior to submission of its Bid, fails to call to the attention of the

Executive Director of the Authority or the Owner’s Representative the existence of any such patent ambiguity, inconsistency, error, discrepancy, omission or doubt in the Contract Documents, its Bid will be conclusively presumed to have been based upon an interpretation of such ambiguity or inconsistency or the like, or upon any directions correcting such error, which may have been subsequently given by the

Executive Director or Deputy Executive Director or Owner’s Representative.

6.0 ADDENDA

6.1 Notice of Addenda to any of the Bid Documents which are the subject of these

Instructions to Bidders shall (as required by N.J.S.A. 40A:11-23(c)(2) and (d)) be provided by the Authority no later than seven (7) days, Saturdays, Sundays and

Holidays excepted, prior to the date for acceptance of Bids, to all persons or entities who have received a bid package by a posting on the Bidding Website of the

Authority.

6.2 Prospective Bidders shall be required, after the Pre-Bid Conference and no later than ten (10) days, Saturdays, Sundays and Holidays excepted, prior to the date for acceptance of bids, to submit to the Owner’s Representative for the Project any questions the Bidder may have relating to the Bid (Contract) Documents; and answers, if required, will be provided by the Authority in the form of a Notice of

Addendum no later than seven (7) days, Saturdays, Sundays and Holidays excepted, prior to the date for acceptance of bids, to all persons or entities who have received a bid package in any of the ways set forth in Section 6.1 above.

https://protect.checkpoint.com/v2/r01/___http:/www.BergenBids.com___.YXAzOmFsYW1waS1sYXc6YzpvOmQwZWI2OTE0MjBkOGQxOGYyNjUyYjZhMmYyMmZkMTU3Ojc6NDhhYjpjZWUyOGY2YzUxZDJiNGM2MmYxMjFkYjllNjRjNjBiMzdlZWM2MWNhZGRlZjhjZDc5ODQ4OTE2ZmI2ZGE3MzE0OnA6VDpO https://protect.checkpoint.com/v2/r01/___http:/www.BergenBids.com___.YXAzOmFsYW1waS1sYXc6YzpvOmQwZWI2OTE0MjBkOGQxOGYyNjUyYjZhMmYyMmZkMTU3Ojc6NDhhYjpjZWUyOGY2YzUxZDJiNGM2MmYxMjFkYjllNjRjNjBiMzdlZWM2MWNhZGRlZjhjZDc5ODQ4OTE2ZmI2ZGE3MzE0OnA6VDpO http://www.bergenbids.com/

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6.3 All Addenda shall be acknowledged on the Bid Form and shall be deemed to have been considered in the Bid. Upon award of a Contract, such Addenda will become part thereof.

7.0 BASE SPECIFICATION AND SPECIFIED ALTERNATE PROPOSALS

7.1 “Base Specification” shall mean “the plans and specifications for the erection, alteration or repair of a building, structure, facility or other improvement to real property that are required to be met by all bidders without exception.”

N.J.S.A. 40A:11-23.1(d).

7.2 “Specified Alternate Proposal” shall mean “a requirement of the bid specification for bidders to submit prices for reduced, modified or supplemental work in addition to the base proposal which may include, but not be limited to, a change in project scope or the use of alternative materials or methods of construction.” N.J.S.A.

40A:11-23.1(d).

7.3 The Authority reserves the right (at its option) to accept (in the Bidders’ Bids)

Specified Alternate Proposals pursuant to which Bidders submit prices for reduced, modified or supplemental work (in addition to the Bidders’ Base Bids for the Base

Specification), which work may include, but not be limited to, a change in Project scope or the use of alternative materials or methods of construction. Each Bidder shall state in its Bid the amount to be added to or deducted from its Base Bid (for the Base Specification) if a Specific Alternate Proposal is accepted by the

Authority. In the event that a Specific Alternate Proposal does not involve a change in price, the Bidder shall indicate the same by writing the words “No Change” in the space provided.

7.4 If the Authority requests Specified Alternate Proposals in its required Bid proposal form, the Authority’s determination of which Bidder’s Bid offers the lowest price shall be made on the basis of the Bidder’s Base Bid for the Base Specification, plus the Bidder’s price for any Authority-selected Specified Alternate Proposals.

7.5 With respect only to a project with a total estimated cost, including the cost of

Specified Alternate Proposals, of greater than $500,000, if the Authority provides for more than one Specified Alternate Proposal, the Authority “shall specify in the bid specification the criteria or ranked order by which Specified Alternate Proposals shall be selected and included in the award of the contract by the” Authority.

7.6 “The aggregate dollar value of accepted Specified Alternate Proposals shall not exceed 50 percent of the base bid.” N.J.S.A. 40A:11-23.1(d).

7.7 If the Authority “is found in a court of law to have chosen Specifi[ed] Alternate

Proposals in a manner intended to award a contract to a specific vendor, the bids shall be voided, the contracting unit [the Authority] shall rebid the project, and a plaintiff who prevails in any proceeding shall be entitled to a reasonable attorney’s fee.” N.J.S.A. 40A:11-23.1(d).

7.8 Although the Authority may request Specified Alternate Proposals, if the Specified

Alternate Proposals are deemed unsatisfactory and if it is to the advantage of the

Authority to accomplish that work under a separate contract pursuant to a new bid process, the Authority may accomplish that work under a separate contract pursuant to such new bid process.

7.9 The Authority reserves the right to base any Contract upon the inclusion or exclusion of any or all of such Specified Alternate Proposals. Therefore, to avoid the Authority’s rejecting an entire Bid as incomplete, the Bids for all Specified

Alternate Proposals shall be submitted by each Bidder when requested by the

Authority.

7.10 If the required Bid proposal form provides for multiple Specified Alternate

Proposals (including both deductive and additive Specified Alternate Proposals), the Authority’s selection shall, unless otherwise specified in the required Bid proposal form, be in the order in which the Specified Alternate Proposals are listed in said Bid proposal form.

8.0 UNIT PRICES (WHEN REQUESTED)

8.1 The cost of changes in the work of this project may be based upon unit prices for certain work and materials. Bidders shall submit unit prices when requested.

8.2 All unit prices shall be NET and shall include all incidental work normally required in connection with the particular type of work involved, and shall include (but not necessarily be limited to) the following:

a. All engineering, including detailing and shop drawings.

b. All material costs, including an allowance for waste.

c. The provision of all necessary accessories.

d. All fabrication and shop costs.

e. All shop and field labor, including supervision and engineering layout costs.

f. All temporary utilities required, including safety precautions.

g. All costs of standby trades during or beyond normal working hours.

h. All charges for transportation, freight, insurance, taxes, overhead, profit and any other item, as well as bonding costs, if applicable.

If unit prices are not deemed fair and reasonable by the Authority, Bids may be rejected.

9.0 NEW JERSEY SALES AND USE TAX ACT

9.1 In submitting its Bid, the Bidder certifies that the total amount of its Bid does not include any New Jersey Sales Tax. The Bidder further certifies that, in the event it is the successful Bidder, it will only apply for an exemption for materials or supplies to be used in connection with its Bid and this project.

9.2 In submitting its bid, the Bidder acknowledges and agrees that the Bidder and its

Subcontractors and their respective affiliates shall, in accordance with N.J.S.A.

52:32-44(g)(1), be required to collect and remit to the Director of the Division of

Taxation in the Department of the Treasury the New Jersey Use Tax due pursuant to the Sales and Use Tax Act, P.L. 1966, c.30 (the “Sales and Use Tax Act”)

(N.J.S.A. 54:32B-1 et seq.) on the Bidder’s and its Subcontractors’ and their respective affiliates’ taxable sales of tangible personal property delivered into the

State of New Jersey.

9.3 Both the Authority, in entering into a contract with the Bidder, and the Bidder, in entering into a contract with a Subcontractor, are required by N.J.S.A. 52:32-

44(g)(2) to include in their respective contracts, for the term of each such contract, a requirement that the Bidder (the Contractor) or the Subcontractor, as the case may be, and each of their affiliates shall collect and remit to the Director of the Division of Taxation in the Department of the Treasury the New Jersey Use Tax due pursuant to the Sales and Use Tax Act on all of their taxable sales of tangible personal property delivered into this State, it being understood and agreed that the term

“affiliate” means any entity that (1) directly, indirectly, or constructively controls another entity by owning, directly or indirectly, more than 50% of the ownership interests in that entity, (2) is directly, indirectly, or constructively controlled by another entity, or (3) is subject to the control of a common entity. The Bidder shall ensure that all of its contracts with its Subcontractors will include provisions requiring its Subcontractors and their affiliates to make such collections and remittances.

9.4 A Contractor’s Exemption Purchase Certificate, Form ST-13 of the State of New

Jersey, Division of Taxation, Sales Tax Bureau, shall be completed by the Bidder and shall, for Sales and Use Tax exemption purposes under N.J.S.A. 54:32B-8.22, be presented to the sellers of materials, supplies or services purchased by the Bidder for exclusive use in connection with this Project only. The Authority’s Exemption

(Tax Id.) Number is 22-3240487.

10.0 LABOR

10.1 It is required that all labor employed by the Contractor and all Subcontractors on this project will be such as will work with the other trades employed on the project, so that there will be no dissension among trades.

10.2 All labor employed on this project shall conform to local labor union practices.

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10.3 All labor shall, in accordance with the standards established under the Construction

Workers’ Fringe Benefit Security Act, N.J.S.A. 34:11A-1 et seq., be entitled to such fringe benefits as are agreed to be paid by a construction employer (including a prime construction contractor employer who has a direct contract with the owner of a public project and a subcontractor construction employer who has a contract with a prime contractor or with a subcontractor of the prime contractor) to a fringe benefit fund.

11.0 RESPONSIBLE CONTRACTOR/SUBCONTRACTOR REQUIREMENTS

(INCLUDING PARTICIPATION IN REGISTERED APPRENTICESHIP

PROGRAMS) FOR ALL CONTRACTS FOR $250,000.00 OR MORE

11.1 In accordance with the provisions of Resolution No. 188 adopted by the Bergen

County Board of Chosen Freeholders on February 18, 2009 and Ordinance 18-37 adopted by the Bergen County Board of Chosen Freeholders on December 5, 2018;

Resolution No. 09-53 adopted by the Authority on March 5, 2009, Resolution No.:

12-104 adopted by the Authority on July 12, 2012 and as the same have been modified by the provisions of Resolution No. 18-55 adopted by the Authority on June 21, 2018:

A. No contract for $250,000.00 or more shall be awarded to a bidder bidding on any construction, renovation, alteration, infrastructure, demolition and/or lead and asbestos abatement project, including any such project of a public private partnership, which meets or exceeds the bid threshold as established by the State of

New Jersey, unless the bidder has (prior to such award) submitted to the

Authority a Notice and Certification Relating to Contractor/Subcontractor

Responsibility (Including Participation in Registered Apprenticeship

Programs) for all Contracts for $250,000.00 or More, which includes:

1. Proof that the bidder and each of its subcontractors has such a valid and effective license, registration and/or certificate as is required by federal, state, county or local law, including, but not limited to, a trade license or certification, registration and/or certificate required (a) to do business in the

State of New Jersey; and (b) to perform the work it seeks to perform, including but not limited to proof in the form of (i) a trade license or certification (if any) required to engage in the construction trade in question,

(ii) a Certificate of Registration issued by the New Jersey Department of

Labor and Workforce Development, and (iii) a Business Registration

Certificate issued by the New Jersey Department of the Treasury.

2. A certification that neither the bidder nor any of its subcontractors has been debarred by the County of Bergen or the State of New Jersey or the Authority in the past three (3) years.

3. A certification that neither the bidder nor any of its subcontractors has had any type of business, contracting or trade license, registration or other certificate suspended or revoked in the past three (3) years.

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4. A certification that neither the bidder nor any of its subcontractors, nor any owner of any thereof, has been convicted of any crime relating to the construction business.

5. A certification that the bidder and each of its subcontractors is at the time of submitting the bid participating in an apprenticeship program, which is registered and approved by the U.S. Department of Labor (under 29

U.S.C.A. §50 and 29 Code of Federal Regulations (CFR) §29.1 et seq.), for each separate trade or classification for which each employs trade employees, and that the bidder and each of its subcontractors will continue to participate in such apprenticeship programs for the duration of the project. The bidder and each of its subcontractors must, prior to the award of a contract to the bidder, supply the Authority with the name, address, e-mail address (if any), telephone number and fax number (if any) of each separate apprenticeship program in which each is a participant. In addition, the bidder and each of its subcontractors will be required to demonstrate, prior to the award of a contract to the bidder, that the pertinent apprenticeship programs have graduated apprentices to journeyperson status for three (3) of the past five (5) years.

B. All contractors bidding on or performing work covered by this Section 11.1 must post a bid bond, and the awarded bidder must post a Performance, Payment and Maintenance Bond as required by law.

C. Should it be established, after the award of a contract, that any of the information required by this Section 11.1 and provided by the bidder to the BCIA was falsified or inaccurate, the contract shall be voided.

D. All of the provisions included in subsections A. and C. of this Section 11.1 shall also apply to all subcontractors of the bidding/awarded entity. If any of the subcontractors of the bidding/awarded entity is found to be in non-compliance with any of the terms and conditions included in subsections A. and C. of this Section

11.1, the subcontractor shall be disqualified, and the bidding/awarded entity may be disqualified as well.

12.0 PROJECT LABOR AGREEMENT REQUIREMENTS (FOR ALL CONTRACTS

FOR $5,000,000.00 OR MORE)

12.1 In accordance with the provisions of N.J.S.A. 52:38-1 and pursuant to County

Board of Commissioners/Freeholders Resolution No.: 816-21 and Bergen County

Improvement Authority Resolution No,: 23-59.:

A. No contract for $5,000,000.00 or more shall be awarded to a bidder bidding on any Public Works Project, which meets or exceeds the bid threshold as established by the State of New Jersey, unless the bidder has (prior to such award) submitted to the Authority a Notice and Certification Relating to Project Labor

Agreement for all Contracts for $5,000,000.00 or More, which includes:

1. Proof that the bidder and each of its subcontractors has entered into

STA Last Revised: 03.25.26 and abide by the provisions of the “Project Labor Agreement,” which has been negotiated by the County of Bergen and/or the Bergen County

Improvement Authority and the appropriate Building and Construction

Trade Unions in accordance with N.J.S.A. 52:38-1, et. seq.

13.0 NEW JERSEY PREVAILING WAGE ACT

13.1 The Bidder’s attention is called to N.J.S.A. 34:11-56.25 et seq., an act known as the “New Jersey Prevailing Wage Act,” which (on the basis of the “prevailing wage contract threshold amount” defined in N.J.S.A. 34:11-56.26 (11) (b)) applies to every contract with the Authority for an amount equal to $2,000.00 or more.

13.2 A “public work” is defined in N.J.S.A. 34:11-56.26(5) to mean “construction, reconstruction, demolition, alterations, custom fabrication, or repair work, or maintenance work, including painting and decorating, done under contract and paid for in whole or in part out of the funds of a public body, except work performed under a rehabilitation program.” “Public work” shall also mean construction, reconstruction, demolition, alteration, custom fabrication, or repair work, done on any property or premises, whether or not the work is paid for from public funds, if, at the time of the entering into of the contract, the property or premises is owned by the public body or:

(a) Not less than 55% of the property or premises is leased by a public body, or is subject to an agreement to be subsequently leased by the public body; and

(b) The portion of the property or premises that is leased or subject to an agreement to be subsequently leased by the public body measures more than 20,000 square feet.

13.3 All workers engaged in the performance of the Contract shall be paid not less than the prevailing wage rate, as ascertained from the Commissioner of Labor and

Workforce Development, for the craft or trade or classification of all workers required to perform the Contract during the anticipated term thereof.

13.4 In the event it is found that any worker employed by the Contractor or any

Subcontractor covered by the Contract is paid less than the required wage rate, the

Authority may terminate the Contractor’s right to proceed with the work or such part of the work as to which there has been a failure to pay required wages, and to itself prosecute the work to completion or otherwise. The Contractor and its sureties shall be liable to the Authority for any excess cost occasioned thereby. The

Contractor and its Subcontractors shall then be required to file written statements certifying to the amounts then due and owing to any and all workers for wages due on account of the Public Work. The statements shall set forth the names of the persons whose wages are unpaid and the amount due to each. The statements shall be verified by the oaths of each Contractor and Subcontractor, as the case may be.

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13.5 The Contractor and each and every Subcontractor shall keep an accurate record showing the name, craft or trade, and actual hourly rate of wages paid to each worker employed by it in connection with the Public Work. Records shall be preserved for two years from the date of payment.

13.6 The Contractor and all Subcontractors shall post the Prevailing Wage Rates for each craft and classification involved, as determined by the Commissioner of Labor and

Workforce Development, including the effective date of any changes thereof, in prominent and easily accessible places at the site of the work and at such place or places as are used by them to pay workers their wages.

13.7 Before final payment is made by the Authority to the Contractor under the Contract, the Contractor shall be required (1) to comply with the requirement of N.J.S.A.

52:32-44(d) that the Contractor submit to the Authority a complete and accurate list of the names and addresses and business registration certificates (or other forms or verifications evidencing registration with the Department of the Treasury) of the

Contractor’s Subcontractors, as more particularly provided for in Section A.7. of the document entitled “Notice and Certification Relating to Business Registration” which is included as one of the Bid Documents and (2) to sign an affidavit, in the form requested by the Executive Director or Deputy Executive Director, to the effect that all Subcontractors and workmen have been paid in accordance with the

Prevailing Wage Rates.

13.8 The Prevailing Wage Rates in the locality for the craft or trade or classification of all workers needed to perform the Contract during the anticipated term thereof shall be on file in the office of the Authority. Said Prevailing Wage Rates, as revised by the Commissioner of Labor and Workforce Development, shall be made part of the

Contract and attached thereto as SCHEDULE “C”.

13.9 Please be advised that N.J.A.C. 12:60-2.1 and 5.1 and the New Jersey Prevailing

Wage Act, N.J.S.A. 34:11-56.25 et seq., require that all “public works” employers shall (within ten (10) days of the payment of wages) submit a certified payroll record thereof to the public body or lessor which contracted for the “public works” project to the Department of Labor thought the wagehub website.

13.10 The certified payroll records shall be submitted with each payment application. The originals shall be filed with the Bergen County Improvement Authority, 327 E.

Ridgewood Avenue, Paramus, NJ 07652. No payment application shall be processed or deemed complete unless accompanied by said payroll.

13.11 A sample of the certified payroll form is available from the Authority. The successful Bidder will receive certified Payroll Forms from the Authority at a Pre-

Construction Meeting.

14.0 THE PUBLIC WORKS CONTRACTOR REGISTRATION ACT

(DEPARTMENT OF LABOR)

14.1 The Bidder’s attention is called to N.J.S.A. 34:11-56.48, et seq., an act known as

“The Public Works Contractor Registration Act,” which provides as follows:

A. That “[n]o contractor [defined in N.J.S.A. 34:11-56.50 as ‘any ... legal entity...who enters into a contract which is subject to the provisions of the “New

Jersey Prevailing Wage Act,” P.L. 1963, c. 150 (C.34:11-56.25 et seq.), and includes any subcontractor or lower tier subcontractor of a of a contractor’] shall bid on any contract for public work as defined in [N.J.S.A. 34:11-56.26] unless the contractor [including all subcontractors] is registered [with the

Department of Labor] pursuant to this act.” (Emphasis added). N.J.S.A. 34:11-

56.51.

B. That “[n]o contractor shall list a subcontractor in a bid proposal for the contract unless the subcontractor is registered [with the Department of Labor] pursuant to [N.J.S.A. 34:11-56.52 to 56.55] at the time the bid is made.” N.J.S.A. 34:11-

56.51.

C. That “[n]o contractor or subcontractor, including a subcontractor not listed in the bid proposal, shall engage in the performance of any public work subject to a contract, unless the contractor or subcontractor is registered [with the

Department of Labor] pursuant to [this] act.” N.J.S.A. 34:11-56.51.

D. That “[e]ach contractor shall, after the bid is made and prior to the awarding of the contract, submit to the public entity the certificates of registration for all subcontractors listed in the bid proposal. Applications for registration shall not be accepted as a substitute for a certificate of registration for the purposes of this section.” N.J.S.A. 34:11-56.55.

14.2 It is required that all labor employed by the Contractor and all Subcontractors on this project will be such as will work with the other trades employed on the project, so that there will be no dissension among trades.

15.0 EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION

COMPLIANCE

15.1 N.J.A.C. 17:27-3.1 expressly provides that “[n]o public agency shall award a contract or pay money to any contractor or subcontractor which has not agreed and guaranteed to afford equal employment opportunity in performance of the contract in accordance with an affirmative action program ***.”

15.2 Under the Equal Employment Opportunity and Affirmative Action Regulations of the State of New Jersey, N.J.A.C. 17:27-1.1 et seq., the attention of all Bidders is called to the following provisions, compliance with which is mandatory:

14.5.1 Bidders are required to comply with the requirements of P.L. 1975, c. 127, N.J.S.A. 10:5-31 to 38, the act pursuant to which such Equal Employment

Opportunity and Affirmative Action Regulations were promulgated (the “Act”), and with the requirements of N.J.A.C. 17:27-1.1 et seq., the Equal Employment

Opportunity and Affirmative Action Regulations of the State of New Jersey.

14.5.2 As required by N.J.A.C. 17:27-3.6(a)(1) and N.J.A.C. 17:27-3.8(a)(4), after notification by the Authority of the award of a Contract, but prior to the execution by the Contractor of a Contract, the Contractor shall submit to the

Authority's Compliance Officer1 and the Division2 the following:

A. An Initial Project Workforce Report (on Form AA-201 provided to the

Authority by the Division for distribution to and completion by the

Contractor in accordance with N.J.A.C. 17:27-7.5), setting forth a projected breakdown of the number of all workers per trade and of minorities and women on the construction project. A copy of Form

AA-201 may be obtained online from the Division’s website at

“www.state.nj.us/treasury/contract_compliance/pdf/aa201.pdf”. A copy of the Instructions for Completing Project Workforce Report –

Construction (AA-201) may be obtained online from the Division’s website at “www.state.nj.us/treasury/contract_compliance/pdf/ aa201ins.pdf”. See Section 19.c. of the Authority’s Construction

Contract Form within these Bid Documents. (After submitting its

Initial Project Workforce Report to the Division, the Contractor may either obtain the targeted employment goals for Bergen County from the Division's website at “www.state.nj.us/treasury/contract_ compliance/pdf/construction_targets.pdf” (page 2 of 22) or request the targeted employment goals for Bergen County from the Division whose address and telephone number are Division of Contract Compliance and E.E.O. in Public Contracts, 135 W. Hanover Street, P.O. Box 209, Trenton, N.J. 08625; telephone no. 609-292-5473.)

15.2.3 The Contractor acknowledges that, under N.J.A.C. 17:27-7.2, the Division is required to "individually establish the minority and women employment goals for each construction contractor and subcontractor for each trade on each contract" and, in connection therewith, to "review the trades to be utilized during the completion of the work as reported on the initial project workforce report and determine the employment goals based upon the number of qualified minorities and women available as reported by the New Jersey Department of Labor, Division of

Planning and Research in its report: EEO Tabulations -- Detailed Occupations by

Race/Hispanic Groups."

15.2.4 The Contractor acknowledges that, as provided in N.J.A.C. 17:27-7.2(b), it

"shall [1] obtain the targeted employment goals from the Division's website at www.state.nj.us/treasury/contract compliance or request the employment goals from the Division submitting the initial project workforce report to the Division" whose address and telephone number are Division of Public Contracts Equal

Employment Opportunity Compliance, New Jersey Department of the Treasury, 135 W. Hanover Street, P.O. Box 209, Trenton, New Jersey 08625 (telephone

1 The Authority's Compliance Officer means the officer or employee (its Executive Director) designated by the Authority awarding a contract in accordance with N.J.A.C. 17:27-3.6 and N.J.S.A. 10:5-36(f).

2 The Division is defined in N.J.A.C. 17:27-2.1 to mean the Division of Public Contracts Equal Employment Opportunity

Compliance established in the State of New Jersey, Department of the Treasury. The address and telephone number of the Division is as follows: Division of Public Contracts Equal Employment Opportunity Compliance, New Jersey Department of the Treasury, 135 W. Hanover Street, P.O. Box 209, Trenton, New Jersey 08625 (telephone number: 609-292-5473).

number: 609-292-5473).

15.2.5 The Contractor also agrees (as required by N.J.A.C. 17:27-3.8(a)(4)) that, if it is awarded a construction Contract by the Authority, it will, as a follow-up to its having submitted its Initial Project Workforce Report to the

Division, submit a copy of its Monthly Project Workforce Report once a month thereafter for the duration of such Construction Contract to the Division and to the Authority's Compliance Officer.

15.2.6 As required by N.J.A.C. 17:27-3.8(a)(4), the Contractor agrees to cooperate with the Authority in the payment of budgeted funds, as is necessary, for on-the-job and/or off-the-job programs for outreach and training of minorities and women.

15.2.7 The Contractor and its Subcontractors shall furnish such reports and other documents to the Division as may from time to time be requested by the Division in order to carry out the purposes of the regulations contained in N.J.A.C. 17:21-

1.1, et seq., and the Authority shall furnish such information as may from time to time be requested by the Division for conducting a compliance investigation pursuant to Subchapter 10 (N.J.A.C. 17:27-10.1, et seq.) of Chapter 27 of the New

Jersey Administrative Code (N.J.A.C. 17:27-1.1, et seq.).

15.3 As required by N.J.S.A. 10:5-33, N.J.A.C. 17:27-3.6 and/or N.J.A.C. 17:27-3.8, and as required by the Americans With Disabilities Act of 1990 (42 U.S.C. 12111, et seq.) insofar as it prohibits private employers from discriminating against qualified individuals with disabilities on the basis of disability, the Contractor agrees that, during the performance of a Construction Contract, if one is awarded by the Authority to the Contractor:

15.3.1 As required by N.J.A.C. 17:27-3.6(a)(2)(i), the Contractor and each of its

Subcontractors3, where applicable4, 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 take affirmative action to 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 affirmative action 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.

N.J.A.C. 17:27-3.6(a)(2)(i). The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by

3 Subcontractor is defined in N.J.A.C. 17:27-2.1 as meaning "a third party that is engaged by a contractor to perform, pursuant to a subcontract, all or part of the work included in a public agency contract." The Contractor assumes the responsibility of ensuring that all Subcontractors will comply with the provisions of this Section 13.0.

4 Under N.J.A.C. 17:27-3.6(a)(2)(iv), the requirements of Sections 15.3.1, 15.3.2, 15.3.3 and 15.3.4 of these Instructions to Bidders shall not apply to any subcontractor which "has a total workforce of four or fewer employees or" which "is performing under an existing Federally approved or sanctioned affirmative action program ***."

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15.3.2 As required by N.J.A.C. 17:27-3.6(a)(2)(ii), the Contractor and each of its

Subcontractors, where applicable5, 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.

15.3.3 As required by N.J.A.C. 17:27-3.6(a)(2)(iii), the Contractor and each of its

Subcontractors, where applicable6, will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the Authority's Compliance Officer, advising the labor union or workers’ representative of the Contractor’s commitments under N.J.S.A. 10:5-31, et seq., and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

15.3.4 As required by N.J.A.C. 17:27-36.(a)(2)(iv), the Contractor and each of its

Subcontractors, where applicable7, agrees to comply with any regulations promulgated by the Treasurer8 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.

15.3.5 As required by N.J.A.C. 17:27-3.8(a)(1), when hiring or scheduling workers in each construction trade, the Contractor and each of its Subcontractors, where applicable9, agrees to make good faith efforts to employ minority and women workers in each construction trade consistent with the targeted employment goals prescribed by N.J.A.C. 17:27-7.2; it being understood and agreed that, unless the Division has, in its discretion, exempted the Contractor or a Subcontractor from compliance with the good faith procedures prescribed in subsections A., B. and C.

below based upon the Division's being satisfied that the Contractor or

Subcontractor is employing workers provided by a union which provides evidence, in accordance with standards prescribed by the Division, that its percentage of active “card carrying” members who are minority and women workers is equal to or greater than the targeted employment goals established in accordance with

N.J.A.C. 17:27-7.2, a good faith effort by the Contractor or Subcontractor, where applicable, shall include compliance with the following procedures:

A. As required by N.J.A.C. 17:27-3.8(a)(1)(i), if the Contractor or

Subcontractor has a referral agreement or arrangement with a union for a construction trade, the Contractor or Subcontractor shall, within three (3) business days of the contract award, seek…