2-P 2416 COMPLETE BID PACKAGE.pdf

BERGEN COMMUNITY COLLEGE

400 PARAMUS ROAD

PARAMUS, NJ 07652

Request for Bids For

On-Call HVAC Maintenance Services

PUBLIC BID NO. P-2416

PRE-BID MEETING: 10:00 a.m., Monday, October 6, 2025, Bergen Community College, Pitkin Education Center, 400 Paramus Road, Second Floor, Room A-231, Paramus, NJ.

BID OPENING: 10:00 a.m., Thursday, November 6, 2025, Bergen Community College, Pitkin Education Center, Via Webex, 400 Paramus Road, Paramus, NJ.

Bidders must submit the checked items below with their bid.

FORM

DESCRIPTION

00001 √ BIDDERS’ CHECKLIST

00300 √ SIGNED BID SHEET

00400 √ OWNERSHIP DISCLOSURE STATEMENT

00410 √ NON-COLLUSION AFFIDAVIT

00430 √ COMPLIANCE WITH NJ PREVAILING WAGE – Due Prior to Award

00600 √ FORM OF BID BOND

00810A

EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE FOR GOODS,

PROFESSIONAL SERVICES AND GENERAL SERVICE CONTRACTS

00810C

EQUAL EMPLOYMENT OPPORTUNITIES RESPONSE SHEET FOR GOODS

AND SERVICES CONTRACTS

00820

AMERICANS WITH DISABILITIES ACT –

RESPONSE SHEET

00830 √ ACKNOWLEDGMENT OF ADDENDA – Due Prior to Award

00840 √ REFERENCE SHEET – Due Prior to Award

00860

NJ PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATE FOR

CONTRACTOR AND ANY NAMED SUBCONTRACTORS Due Prior To Award

00870

BUSINESS REGISTRATION CERTIFICATE FOR CONTRACTOR AND ANY

NAMED SUBCONTRACTORS DuePrior To Award

00880

SUSPENSION AND DEBARMENT CERTIFICATION – Due Prior to Award

00890 √ DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN– Due Prior to Award

00900 √ Certification of Non-Involvement of Prohibited Activities in Russia or Belarus – Due Prior to Award

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TABLE OF CONTENTS

Page

Notice to Bidders ..................................................................................................... NB-1

Section A Instructions to Bidders

1. Description of Goods and Services ................................................................... IB-1

2. Bid submission; Date and Place of Bid Opening ............................................... IB-1 3 Questions Regarding Bid Specifications ........................................................... IB-1

4. Distribution of Bids ............................................................................................ IB-2

5. Completeness ................................................................................................... IB-2

6. Bid Forms .......................................................................................................... IB-2

7. Bid Security ....................................................................................................... IB-2

8. Cost of Bid Preparation ..................................................................................... IB-3

9. Mistakes and Bid Alterations; Bidder’s Representations .................................. IB-3

10. Disclosure of Information .................................................................................. IB-3

11. Brand Name or Equivalent ................................................................................ IB-4

12. Samples ............................................................................................................ IB-4

13. Delivery and Installation .................................................................................... IB-4

14. Proprietary Goods and Services ....................................................................... IB-5

15. Bid Acceptance/Rejection ................................................................................. IB-5

16. Reservation of Rights ........................................................................................ IB-5

17. Addenda and Interpretation .............................................................................. IB-5

18. Contract Execution ............................................................................................ IB-6

19. Bid Evaluation ................................................................................................... IB-6

20. Time for Making Contract Award ...................................................................... IB-6

21. Disposal of Bids ................................................................................................ IB-6

22. Disputes as to Award of Non-Award of Bids ..................................................... IB-7

23. Subcontractors .................................................................................................. IB-7

24. Prevailing Wages .............................................................................................. IB-7

25. Business Registration Certificate ...................................................................... IB-8

26. Prompt Payment Act ......................................................................................... IB-8

27. Insurance Requirements ................................................................................... IB-9

28. Security for Faithful Performance and Maintenance Bonds .............................. IB-9

29. Indemnification .................................................................................................. IB-9

30. Liquidated Damages ......................................................................................... IB-9

31. Bergen County Blue Laws ................................................................................ IB-10

32. Pay to Play ........................................................................................................ IB-10

33. Coordination with Other Work ........................................................................... IB-10

34. Taxes ................................................................................................................ IB-10

35. General Guaranty ............................................................................................. IB-10

36. Assurances by Successful Bidder ..................................................................... IB-10

37. Prohibited Interests ........................................................................................... IB-10

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38. Assignment ....................................................................................................... IB-10

39. Non Discrimination in Employment ................................................................... IB-11

40. Americans with Disabilities Act ......................................................................... IB-11

41. Worker and Community Right to Know Act ....................................................... IB-11

42. Termination of Contract .................................................................................... IB-12

43. Special Provisions ............................................................................................. IB-12

44. Conflict Clarification .......................................................................................... IB-12

Section B Special Provisions

1. Contract Award Date .......................................................................................... SP-1

2. Payment ............................................................................................................. SP-1

3. Vehicle Height Restrictions ................................................................................ SP-1

4. One Contract ...................................................................................................... SP-1

5. Insurance ........................................................................................................... SP-1

Section C Bid Forms/Submission Requirements

1. Bidder’s Checklist ............................................................................................. B-1

2. Specification and Bid Sheet .............................................................................. B-2

3. Ownership Disclosure Statement ...................................................................... B-104

4. Non-Collusion Affidavit ...................................................................................... B-107

5. Compliance with NJ Prevailing Wage ............................................................... B-109

6. Form of Bid Bond .............................................................................................. B-111

7. Equal Employment Opportunity Language ....................................................... B-112

8. EEO Response Sheet ....................................................................................... B-115

9. Americans with Disabilities Act Response Sheet .............................................. B-116

10. Acknowledgement of Receipt of Addenda ........................................................ B-118

11. Reference Sheet ............................................................................................... B-119

12. NJ Public Works Contractor Registration Certificate ........................................ B-121

13. NJ Business Registration Certificate ................................................................. B-122

14. Suspension and Debarment Certification ......................................................... B-123

15. Disclosure of Investment Activities in Iran ........................................................ B-124

16. Certification of Non-Involvement of Prohibited Activities in Russia or Belarus………………………………………………………………...…...B-126

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Section D Form Contract

Page

1. Form of Agreement (Goods & Services) (For Informational Purposes Only) .................................................................... CON-1

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NOTICE TO BIDDERS

PUBLIC NOTICE is hereby given that ELECTRONIC BIDS for On-Call HVAC Maintenance Services Public Bid No. P-2416, will be received from prospective bidders until 10:00 a.m. local time, Thursday, November 6, 2025, via the online bidding platform, Euna-Bonfire with the Office of the Director of Purchasing and Services, Bergen Community College (the “College”). At which time they will be publicly opened and read aloud via Webex. Bids must be submitted on the Euna-Bonfire website under Bergen Community College and the appropriate opportunity. Bidders must register on https://bergenbids.com and establish an account with the electronic bidding platform prior to submitting a bid.

A complete set of Bid Documents may be obtained by registering on the College’s website at http://www.bergen.edu/community/purchasing/current-vendor-opportunities. Or directly through https://bergenbids. A PRE-BID CONFERENCE will be held in Room # -A-231 at Pitkin Education Center, 400 Paramus Road, Paramus, NJ on Monday, October 6, 2025, at 10:00 a.m. Attendance is STRONGLY

RECOMMENDED.

Bid Bond: Bid security, in the amount of ten percent (10%) of the bid, but not to exceed Twenty

Thousand and 00/100THS ($20,000.00) Dollars, must accompany each Bid that is submitted. When a Bid

Bond is submitted, it shall be in substantially the form set forth in Section C of the Request for Bids, Form

00600. The Bid Bond shall be obtained from a surety that is authorized to do business in the State of New

Jersey, that satisfies the requirements set forth in N.J.S.A. 2A:44-141(1)(b) and that is listed in the United

States Treasury Department Circular 570. Such Bid Bond shall not contain any conditions to the obligations of the surety company issuing the Bid Bond. Bid Bonds signed by an Attorney-in-Fact shall be accompanied by an executed and certified Power-of-Attorney. If submitting a check, the check must be received in the

Purchasing Office prior to the bid opening.

BIDDER IS REQUIRED TO COMPLY WITH THE REQUIREMENTS OF N.J.S.A. 10:5-31 et seq.

AND N.J.A.C. 17:27-1 et seq., AND BIDDER MUST SUBMIT A COPY OF ITS BUSINESS REGISTRATION

CERTIFICATE ISSUED BY NEW JERSEY DEPARTMENT OF TREASURY PURSUANT TO N.J.S.A.

52:32-44. ALL BUSINESS ORGANIZATIONS THAT CONDUCT BUSINESS WITH A NEW JERSEY

GOVERNMENT AGENCY ARE REQUIRED TO BE REGISTERED WITH THE NEW JERSEY

DEPARTMENT OF TREASURY. THEREFORE, BIDDER MUST SUBMIT THE BUSINESS

REGISTRATION CERTIFICATE FOR ITSELF AND ITS SUBCONTRACTORS EITHER AT THE TIME OF

BID SUBMISSION OR PRIOR TO THE AWARD OF A CONTRACT BY THE COLLEGE AS PROOF THAT,

AT THE TIME OF THE BID, THE BIDDER AND ITS SUBCONTRACTORS ARE REGISTERED WITH THE

NEW JERSEY DEPARTMENT OF TREASURY, DIVISION OF REVENUE. BIDDER MUST ALSO

COMPLY WITH PUBLIC WORKS CONTRACTOR REGISTRATION ACT, N.J.S.A. 34:11-56.48 et seq., AND MUST SUBMIT EITHER WITH ITS BID OR PRIOR TO THE AWARD OF A CONTRACT BY THE

COLLEGE A COPY OF ITS CURRENT CONTRACTOR REGISTRATION CERTIFICATE.

Bids must be made upon and in accordance with the forms provided in the Bid Documents. Bids must be submitted through the Euna-Bonfire website under Bergen Community College and the appropriate opportunity. No Bids will be received after the time and date specified above, and no Bidder may withdraw its Bid within sixty (60) days after Bid opening.

https://bergenbids.com/ http://www.bergen.edu/community/purchasing/current-vendor-opportunities

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The Board of Trustees of Bergen Community College reserves the right, pursuant to applicable law, to waive any informalities in the Bid or to reject any or all Bids. Community College assumes no responsibility for delays in any form causing any Bid to be received by Bergen Community College later than the above referenced scheduled deadline.

Bids must be submitted through the Euna-Bonfire website (Bergen Bids) under Bergen Community

College and the appropriate opportunity prior to the time of the bid opening. The College assumes no responsibility for delays in any form causing any Bid to be received by the College later than the above referenced scheduled deadline.

DATE: September 26, 2025

For Bergen Community College:

S. Weise, Director Purchasing and Services

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SECTION A

INSTRUCTIONS TO BIDDERS

DEFINITIONS

Bid Documents – means the Request for Bids for On-Call HVAC Maintenance Services, Public Bid No. P-2416, including the Notice to Bidders; Section A - Instructions to Bidders and Bidder’s Checklist; Section B – Special Provisions; Section C - Bid Forms/Submission Requirements;

Section D – Form of Agreement (Goods and Services) (For Informational Purposes Only);

Bid Specifications – means Bid Documents.

1. DESCRIPTION OF GOODS AND/OR SERVICES. Bergen Community College (the

“College”) is soliciting bids for the following services to be provided on all three (3) campuses in

Paramus, Hackensack and Lyndhurst:

On-Call HVAC Maintenance Services Public Bid No. P-2416 as needed and more particularly described by the Specifications (Section E) and on the Bid Sheet

(Form 00300 at Section C) of these Bid Documents.

2. BID SUBMISSION; DATE AND PLACE OF OPENING BIDS. The Pre-Bid meeting will be held on Monday, October 6, 2025 at 10:00 a.m. at Bergen Community College, Pitkin

Education Center, 400 Paramus Road, Second Floor, Room A-231, Paramus NJ. Electronic bids for On-Call HVAC Maintenance Services, Public Bid P-2416 will be received from prospective Bidders until 10:00 am local time on Thursday, November 6, 2025, via the online bidding platform, Euna-Bonfire, with Office of the Director of Purchasing and Services, Bergen

Community College (the “College”). At which time the bids will be publicly opened via Webex and read aloud. Bids must be submitted on the Euna-Bonfire website under Bergen Community

College and the appropriate opportunity. Bidders must register on https://bergenbids.com and establish an account with the electronic bidding platform prior to submitting a bid. All risks of non-delivery of Bids which are to be received on the Euna-Bonfire website under Bergen Community

College as required by these Bid Documents shall be the sole responsibility of the Bidder. A

Webex link will be provided to registered bidders prior to the bid opening date.

3. QUESTIONS REGARDING BID SPECIFICATIONS. All questions related to Bid

Specifications and requirements should be sent through Bonfire under Bergen Community

College and the appropriate opportunity.

Stephanie Weise, Director, Purchasing and Services

Bergen Community College

400 Paramus Road Paramus, New Jersey 07652

Please reference this On-Call HVAC Maintenance Services Public Bid No. P-2416 in the https://bergenbids.com/

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subject heading when submitting questions. The deadline to submit questions in writing to the above is Thursday, October 9, 2025, at 12:00 p.m. After receiving questions from Bidders, the College will compile, respond to, and distribute all questions and their respective responses to all Bidders who have requested a copy of this Public Bid No. P-2416 to incorporate into their Bids. See also Paragraph 17 of this Section A Instructions to Bidders set forth hereinbelow addressing Addenda and Interpretation.

4. DISTRIBUTION OF BIDS. The issuance of the Bid Specifications (including the location where the Bid Specifications are available to interested firms) has been advertised in accordance with the provisions of the County College Contracts Law, N.J.S.A. 18A:64-25.1 et seq. The Bid Specifications may have been distributed to those firms known to have previously made proposals or submitted bids to the College similar to those requested by these Bid Specifications, as well as to those firms who have requested a copy of the same from the College. In addition, a complete set of Bid Documents may be obtained by registering on the College’s website at http://services.bergen.edu/vendor-opportunties.

5. COMPLETENESS. Each of the instructions set forth herein must be followed in order for a Bid to be deemed to be responsive to the Bid Specifications. All Bids submitted must be in accordance with the Bid Specifications. Bids must be submitted on the prescribed forms. If a Bid Bond is submitted, it shall be in substantially the form set forth in Section C of the Request for Bids, Form 00600. All blank spaces for bid prices must be filled in, in ink. In cases where a written price is used with a numeric price, the written price will govern. If a discrepancy exists between totals and itemized breakdowns, the totals will govern.

In all cases, the College reserves the right to determine, in its sole discretion, whether any aspect of the bid meets the submission requirements of the Bid Specifications. The College reserves the right to reject any bid that, in its judgment, does not comply with the submission guidelines set forth in these Bid Specifications. In addition, notwithstanding any of the provisions hereof, the

College reserves the right to waive any informality in the bids in accordance with applicable law.

6. BID FORMS. The Bid Forms/Submission Requirements at Section C hereof and the Bidder’s Checklist specifically enumerate the submission requirements set forth in the Bid Documents. Each Bidder must submit completed, executed Bid Forms and other documents required by the Bidder’s Checklist in order to be considered a responsive submission. Each bidder must fill out all of the forms completely. Use N/A to specify items in the Bid Forms that are not applicable to the bidder. It should be noted, however, that the failure to fully complete all applicable Bid Forms by incorrectly providing that certain Bid Forms (or portions thereof) are not applicable to a bidder may result in a determination that the bid is non-responsive. To provide additional information, use separate sheets following the Bid Form format.

7. BID SECURITY. As a guarantee of good faith, the College may require a form of Bid

Security. The requirements for such Bid Security shall be set forth in the Bidder’s Checklist when applicable.

http://services.bergen.edu/vendor-opportunties

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8. COST OF BID PREPARATION. Each Bid and all information required to be submitted pursuant to the Bid Specifications shall be prepared at the sole cost and expense of the Bidder.

Each Bidder agrees that by submitting a Bid it is waiving any claims for reimbursement for the payment of costs or expenses incurred in the preparation of the Bid or other information required by the Bid Specifications.

9. MISTAKES AND BID ALTERATIONS; BIDDER’S REPRESENTATIONS. No claim for relief on account of mistakes or omissions in the Bid shall be considered. By providing a Bid, the Bidder waives its rights, if any, to claim mistakes or omissions for any reason whatsoever.

Erasures or other changes in the Bid shall be initialed by the Bidder. The Bidder, by making a Bid, represents that:

a) The Bidder has read and understands the Bid Documents, and the Bid is made in accordance therewith.

b) The Bid is based upon the materials, equipment and/or services required by the Bid Documents, without exception.

c) The Bidder has carefully studied and compared the Bid Documents with each other, and with other work being bid concurrently or presently under construction, if any, to the extent that it relates to the solicitation for which the Bid is submitted, and has examined the site and local conditions, and shall at once report to the College’s representative, any errors, inconsistencies or ambiguities discovered.

10. DISCLOSURE OF INFORMATION. Bidders are advised that all Bids received by the

College are deemed government records subject to public disclosure pursuant to the Open Public

Records Act, N.J.S.A. 47:1A-1 et seq. However, if a Bidder chooses to include material of a proprietary nature in its Bid, the College will attempt to keep such information confidential to the extent permitted by applicable law. The Bidder must specifically identify the section of its Bid that contains such information by properly marking the applicable pages. Any sections that contain material of a proprietary nature shall be severable or removable from the Bids to assist the College in protecting this information. Additionally, Bidders shall include the following notice in the introductory portion of its bid and at the top of each page containing information claimed by Bidder to be confidential or proprietary:

“The data on pages identified by (symbol) and labeled “Proprietary

Information,” contain information that is a trade secret and/or that, if disclosed, would cause substantial injury to (Bidder’s) competitive position. (Bidder) requests that such data be used only for the evaluation of the bid, and understands that disclosure will be limited only to the extent that the College determines it proper or to the extent that the College deems disclosure necessary according to law. If a contract is awarded to (Bidder), the College will have the right to use or disclose the data as provided in the applicable agreement executed with the Bidder.”

The College will use its reasonable efforts to prevent the unauthorized disclosure of this information in applying the proprietary standard to marked data. However, the College will

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assume no liability for any loss, damage, or injury that may result from any disclosure or use of marked data or any disclosure of this or other information during the review of the bids.”

Notwithstanding the above, submitted Bid Forms (Section C) (including cost information) will not, under any circumstances, be considered proprietary or confidential information.

11. BRAND NAME OR EQUIVALENT. In order to establish standards of quality, the Bid

Documents may refer to certain “brand name” products by name and/or catalog number. Such catalog reference is intended as a means of more fully describing the item in the shortest possible space, and is to be regarded as part of the description of the item. Catalog numbers have been adopted from their respective sources for purposes of identification and to establish minimum requirements for quality and design. This procedure is not to be construed as eliminating from competition other products of equivalent or better quality by other suppliers or manufacturers where fully suitable in design and manufacture. Whenever a material, article, or piece of equipment is identified in the Bid Documents by reference to manufacturer’s name, trade names, catalogue numbers, etc., it is intended to establish a standard, and it shall mean that it includes, but is not limited to, such manufacturer or product. Similar materials, articles, or equipment of other manufacturers of the same general design will be considered. Bidder’s bid must be based upon the materials and equipment named in the Bid Specifications, or materials and equipment of equivalent quality and effectiveness. The first-named supplier, if any, shall be considered as the standard of reference for the design and for the equivalency determination to be made by the

College.

The College will consider products of manufacturers that are equal in quality and appearance to the items designated in the Bid Specifications and that in all ways meet the Bid Specifications.

Any material or article that will perform adequately the duties imposed by the general design will be considered equal and satisfactory provided the material or article so proposed is, in the opinion of the College, of equal substance and function. In any instance where the proposed supply or equipment differs from the item designated in these Bid Specifications, such differences must be explained by way of detailed specifications and descriptions submitted as part of the bid. Failure to include detailed specifications and descriptions as above will be interpreted to mean that the bidder intends to furnish the particular make of the article specified, and the College will insist upon delivery of the specified item. Substitutions will not be permitted after the bids have been opened. The decision of the College as to whether an alternate or substitution is in fact “equal” shall be final.

12. SAMPLES. The College reserves the right to request a representative sample of any item quoted upon prior to the award. Samples, when required, must be submitted in accordance with instructions, otherwise, Bids may not be considered. When samples are requested subsequent to bid openings, they shall be delivered within ten (10) days of the request, or as directed.

Samples shall be delivered free of charge and shall be removed by the Bidder at its expense.

The College shall not be responsible for any samples damaged or destroyed by examination.

13. DELIVERY AND INSTALLATION. If applicable, Bidders shall acquaint themselves with

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conditions to be found at the site and shall assume all responsibility for placing and installing the equipment/materials/supplies for the services in the location required. All freight or other delivery charges shall be prepaid by the Bidder. The College will accept deliveries during normal business hours (9 a.m. to 4 p.m.) on regular business days (Monday through Friday, except holidays).

14. PROPRIETARY GOODS AND SERVICES. The technical specifications may require certain specified goods and services that are proprietary in nature. In such cases, the College may award a contract for such goods and services in any case in which the resolution authorizing the contract award so indicates, and the special need for such proprietary goods or services is directly related to the performance, completion or undertaking of the purpose for which the contract is being awarded.

15. BID ACCEPTANCE/REJECTION. The College reserves the right to accept any Bid(s) that results in the achievement of the lowest, responsible cost for the services as described herein.

In addition, the College reserves the right to (a) abandon this procurement process, (b) reject any or all Bids, (c) waive any informality in the Bids, and (d) accept the Bid or Bids that, in its judgment, best serves the interest of the College, all in accordance with and pursuant to the County College

Contracts Law, N.J.S.A. 18A:64-25.1 et seq., and all other applicable law. ANY BIDDER THAT

SUBMITS A BID AND TAKES ANY EXCEPTIONS OR MAKES ANY ADDITIONS TO ANY TERM

OR CONDITION OF THE BID SPECIFICATIONS OR THE FORM AGREEMENT SET FORTH

HEREIN MAY BE REJECTED BY THE COLLEGE AS NON-RESPONSIVE. Additionally, the

College reserves the right to decline to award the subject contract for any lawful purpose.

16. RESERVATION OF RIGHTS. In addition to the rights reserved to it in Paragraph

15hereinabove of this Section A Instructions to Bidders, and elsewhere throughout the Bid

Specifications, the College reserves, holds, and may exercise, at its sole discretion, the following rights and options with regard to the Bid Specifications and the bid process in accordance with, and pursuant to, the County College Contracts Law, N.J.S.A. 18A:64-25.1 et seq., and all other applicable law:

• To supplement, amend, or otherwise modify the Bid Specifications through issuance of addenda to all prospective Bidders who have received a copy of the Bid

Specifications.

• To change or alter the schedule of any events called for in the Bid Specifications upon the issuance of notice to all prospective Bidders who have received a copy of the Bid

Specifications pursuant to N.J.S.A. 18A:64-25.1 et seq.

• To conduct investigations of any or all of the Bidders and their Bids as the College deems necessary or convenient, to clarify the information provided as part of the Bid, and to request additional information to support the information included in any Bid.

17. ADDENDA AND INTERPRETATION. Should the bidder find discrepancies or omissions in the Bid Specifications, the Bidder shall at once notify the College, which will send written

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instructions to all bidders. Reports of discrepancies or omissions, or requests for interpretation of the Bid Specifications should be sent through Bonfire under Bergen Community College and the appropriate opportunity, and to be given consideration, must be received by the date specified in Paragraph 5. All such interpretations and supplemental instructions will be issued by the

College in the form of a written addenda to the Bid Specifications if necessary due to a revision in the bid specifications, or by a clarification in the event a revision to the Bid Specifications is not required and shall become a part of the Bid Specifications. Failure to consider any such addenda shall not relieve any Bidder from any obligation under its bid as submitted. In the event of a dispute as to the meaning of such addenda or the Bid Specifications, the interpretation of the

College shall be final and binding.

18. CONTRACT EXECUTION. If requested by the College, after contract award the successful Bidder, or Bidders as the case may be, must submit within ten (10) days a copy of the Agreement, in the form provided in Section D hereof, executed by a duly authorized representative of the Bidder. In addition, the Bidder also must submit a corporate resolution or other evidence that the signatory to such Agreement is duly authorized to execute the same. The successful Bidder shall simultaneously deliver to the College executed performance and maintenance bonds, if and as required in the Bid Documents, and all certificates of insurance required by the Bid Documents.

In the event the successful Bidder fails or refuses to deliver (i) the executed Agreement,

(ii) the bonds or (iii) the certificates of insurance, required by the Bid Documents, within such ten (10) day period, unless time is extended at the sole discretion of the College, the College shall have the right to rescind the award and cause Bidder’s Bid Security, if any, to be forfeited to the College as liquidated damages for such failure or refusal. Submission of a substitute form of Agreement, other than the form provided in Section D hereof, is not permitted.

19. BID EVALUATION. The Bids will be evaluated in conformance with the requirements of the County College Contracts Law, N.J.S.A. 18A:64-25.1 et seq., and the contract will be awarded to the lowest, responsible, and complying Bidder, or Bidders as the case may be, giving due regard to the Bidder’s ability to perform the services (as demonstrated by the information submitted with the Bids).

20. TIME FOR MAKING CONTRACT AWARD. The College shall award the contract or reject all Bids within sixty (60) days after Bid opening, except that the Bids of any Bidders who consent thereto may, at the request of the College, be held for consideration for such longer period as may be agreed. No Bidder may withdraw its Bid within sixty (60) days after the date of the Bid opening.

21. DISPOSAL OF BIDS. All Bids are the property of the College and will not be returned.

At the conclusion of the procurement process, the College may dispose of any and all copies of the Bids received in whatever manner it deems appropriate, in accordance with the requirements of N.J.S.A. 47:2-3 et seq.), N.J.S.A. 47:3-26 et seq., and Chapter 3 of Title 15 of the New Jersey

Administrative Code. Prior to such disposal, the College will use its best efforts to prevent the

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unauthorized disclosure of proprietary information, provided same is properly identified as proprietary. However, in no event will the College assume liability for any loss, damage or injury that may result from any disclosure or use of marked data which occurs prior to disposal of Bids.

22. DISPUTES AS TO THE AWARD OR NON-AWARD OF BIDS. Bidder acknowledges that this Bid and the award of a contract are governed by the County College Contracts Law, N.J.S.A.

18A:64-25.1 et seq., and that any legal challenges to the bidding process, the award or non-award of a contract, or the rejection of any Bids, must be pursued before the Board of Trustees of Bergen Community College in accordance with N.J.S.A. 18A:3B-6(f). The challenge or objection must be presented by filing a Petition with the Secretary of the Board of Trustees within ten (10) calendar days of the decision to award or not award a contract. Proceedings on the Petition shall be governed by the Rules Governing Hearings before the Board of Trustees of Bergen Community College, which Rules may be obtained at the Office of the College President.

23. SUBCONTRACTORS. Any subcontractors to be employed in the services set forth in these Bid Specifications must be listed by name and address, together with the portion of the services to be performed by them. Approval by the College must be obtained for all subcontractors proposed. Subcontractors must submit proof of compliance with the New Jersey Business Registration Certificate Act, N.J.S.A. 52:32-44, and Public Works Contractor Registration Act, N.J.S.A. 34:11-56.48 et seq.

24. PREVAILING WAGES. A successful Bidder shall pay all workers in accordance with the State of New Jersey Prevailing Wage rates in accordance with the Prevailing Wage Act, N.J.S.A.

34:11-56.25 et seq., as amended, governing the prevailing rates of wages for workmen who are employed in the services, if applicable. All applicable provisions of the Prevailing Wage Act and amendments thereto shall be considered part of the contract and made a part thereof.

Note: Bidders bidding on equipment which requires installation by the successful Bidder are advised that the provisions of Prevailing Wage Act, as amended, will apply to and be part of the contract.

a. The prevailing wage rates for Bergen County, New Jersey, in which the project is located, shall be adhered to.

b. All workers employed on this project shall be paid not less than the prevailing wage rates specified for Bergen County, as set forth in Exhibit [insert Exhibit number].

c. In the event it is found that any worker, employed by the contractor or any subcontractor covered by said contract, has been paid a rate of wages less than the prevailing wage required to be paid by such contract, the public body, the lessee to whom the public body is leasing a property or premises or the lessor from whom the public body is leasing or will be leasing a property or premises may terminate the contractor’s or subcontractor’s right to proceed with the work, or such part of the work as to which there has been a failure to pay wages and to prosecute the work to completion or otherwise.

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25. BUSINESS REGISTRATION CERTIFICATE. Bidder’s attention is directed to the provisions of N.J.S.A. 52:32-44, which requires registration with the New Jersey Department of Treasury, Division of Revenue, as a condition to bidding on or engaging in a contract that is publicly bid. Bidders and their subcontractors of any tier must comply with the provisions of N.J.S.A. 52:32-44. Bidders shall submit a copy of their Business Registration Certificate (BRC), together with a copy of the BRC’s for all listed subcontractors, either at the time of submission of their bids or prior to the award of a contract by the College, as set forth in Form 00870 of the Bid Forms/Submission Requirements at Section C hereof.

Bidder and all subcontractors required to be listed by the Bidder must be registered with the New Jersey Department of Treasury, Division of Revenue at the Bid submission date.

26. PROMPT PAYMENT ACT – (N.J.S.A. 2A:30A-1 et seq.). The Prompt Payment Act provides, in part, as follows: “If a prime contractor has performed in accordance with the provisions of a contract with the owner and the billing for the services has been approved and certified by the owner or the owner’s authorized approving agent, the owner shall pay the amount due to the prime contractor for each periodic payment, final payment or retainage monies not more than 30 calendar days after the billing date, which for a periodic billing, shall be the periodic billing date specified in the contract. The billing shall be deemed approved and certified 20 days after the owner receives it unless the owner provides, before the end of the 20-day period, a written statement of the amount withheld and the reason for withholding payment, except that in the case of a public or governmental entity that requires the entity’s governing body to vote on authorizations for each periodic payment, final payment or retainage monies, the amount due may be approved and certified at the next scheduled public meeting of the entity’s governing body, and paid during the entity’s subsequent payment cycle, provided this exception has been defined in the Bid Documents.”

As a public entity that requires the authorization of its governing body for periodic or final payments, and payments for change orders or release of retainage, the College hereby places

Bidders on notice that the College is not subject to the twenty (20) day period for the approval and certification of billings and, consistent with the Prompt Payment Act, in the event that the

College is unable to obtain formal consideration and approval of any billing for services performed by the successful Bidder as the basis for a periodic or final payment, or payments for change orders or retainage, within the thirty (30) day time period mandated by the Prompt Payment Act, the College shall place the billing for services performed on its next regularly scheduled meeting of its Board of Trustees and, should such billing for services performed be approved, pay the approved amount to the successful bidder during the College’s subsequent payment cycle.

It is agreed that any disputes as to whether the College or the successful Bidder has failed to make payments required pursuant to the contract shall be submitted to a process of alternative dispute resolution. Alternative dispute resolution agreed upon by the parties to the contract shall not apply to disputes concerning the bid solicitation or award process, or to the formation of contracts or subcontracts.

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27. INSURANCE REQUIREMENTS. If required by the Bid Documents, the successful Bidder shall not commence any services under the contract until the successful Bidder has obtained, at the successful Bidder's own expense, all insurance, as set forth Section B, Special Provisions, and has delivered all certificates of insurance as required by the Bid Documents. Such insurance and certificates of insurance must be in a form satisfactory to the College. The College, its Trustees, employees and officers shall be named as additional insured on all certificates of insurance submitted by the successful Bidder, except Workers’ Compensation Insurance.

28. SECURITY FOR FAITHFUL PERFORMANCE AND MAINTENANCE BONDS. If required by these Bid Documents, the execution of the contract herein is contingent, among other things, upon the successful Bidder furnishing of the Performance Bond as set forth herein.

The Performance Bond shall be in a sum equal to 100% of the Bid as security for the faithful performance of the contract and for the payment of all persons performing labor or furnishing materials in connection with the contract. The Performance Bond shall remain in effect until completion of the contract by the successful Bidder.

If required by these Bid Documents, a Maintenance Bond shall be provided in a sum equal to one hundred percent (100%) of the bid. The Maintenance Bond shall be furnished to the College prior to completion of the contract, and shall remain in effect for the period of time set forth in these Bid Documents. The bonds, if required to be provided by these Bid Documents, shall be in the forms included in the Bid Documents (Section C hereof), or on equivalent forms subject to approval of the College.

An attorney-in-fact who signs any bonds must file with each bond a certified copy of his/her power of attorney authorizing him/her to execute said bonds on behalf of the surety.

29. INDEMNIFICATION. To the fullest extent permitted by law, the successful Bidder shall indemnify and save harmless the College and its Trustees, officers, directors, employees and agents against loss or expense for damages or injuries including but not limited to death at any time resulting therefrom, sustained by any person or persons arising out of or as a consequence of the performance of the contract, whether such injuries to persons or damage to property are due or claimed to be due to any statutory violation or to any negligence of the College or any subcontractor, or their respective officers, directors, employees and agents or any other person.

30. LIQUIDATED DAMAGES. If a completion date for performance of the contract is set forth in these Bid Documents, the Bidder understands and agrees that, if awarded a contract as the successful Bidder, the contract shall provide that the “College and successful bidder agree that, because actual damages are difficult to calculate with precision, the successful bidder shall pay to the College, as liquidated damages for delay (but not as a penalty), the per day amount set forth in the bid specifications for each consecutive calendar day of delay in completion of the contract beyond the time limits set forth herein. The College reserves the right to offset final payment to the contractor against the designated amount of liquidated damages.”

The completion date for this contract, if any, is set forth in the Special Provisions at Section B of

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these Bid Specifications.

31. BERGEN COUNTY BLUE LAWS. No construction is allowed on campus on Sundays due to Bergen County’s blue laws.

32. PAY-TO-PLAY. Pursuant to N.J.S.A. 19:44A-20.27, contractors doing business with public entities must file an annual disclosure statement of political contributions with the New Jersey Election Law Enforcement Commission (“ELEC”) if they receive contracts in excess of Fifty Thousand and 00/100THS ($50,000.00) Dollars per year from public entities. Bidders are responsible for determining whether a filing with ELEC is necessary. Additional information on this matter may be obtained from ELEC at 888-313-3532 or at www.elec.state.nj.us.

33. COORDINATION WITH OTHER WORK. If awarded a contract, the successful Bidder shall be required to make every effort to coordinate its services on this contract with other contractors who may be performing work on other projects at the site.

34. TAXES. The College is established under authority of the State of New Jersey and is entitled to exemption from state, federal and local taxes.

35. GENERAL GUARANTY. Neither the final certificate of payment nor any provision in the

Bid Documents nor partial or entire use of the equipment and/or supplies by the College shall constitute an acceptance thereof if not in accordance with the Bid Specifications nor shall it relieve the successful Bidder of liability in respect to any express warranties or responsibility for faulty materials or workmanship. The successful Bidder shall promptly remedy any defect, without cost to the College, which shall appear within a period of one (1) year from the date of final contract completion unless a greater period is specified. The College will give notice of observed defects with reasonable promptness.

36. ASSURANCES BY SUCCESSFUL BIDDER. When applicable, the successful Bidder guarantees to furnish adequate protection from damage for all services, and to repair damages of any kind for which the successful Bidder or its workers are responsible.

37. PROHIBITED INTERESTS. No official of the College who is authorized in such capacity and on the behalf of the College to negotiate, make, accept or approve, or to take part in negotiating, making, accepting, or approving any contract or subcontract, shall be directly or indirectly interested in the contract or in any part thereof.

38. ASSIGNMENT. The successful Bidder shall not assign the whole or any part of the contract or any moneys due or to become due thereunder without written consent of the College.

In case the successful Bidder assigns all or any part of any monies due or to become due under the contract, the instrument of assignment shall contain a clause substantially to the effect that it is agreed that the right of the assignee in and to any moneys due or to become due to the successful Bidder shall be subject to prior liens of all persons, firms, and corporations for services rendered or materials supplied under the contract.

http://www.elec.state.nj.us/

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39. NON-DISCRIMINATION IN EMPLOYMENT. The successful bidder shall comply with the requirements of N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27-1 et seq. (Affirmative Action/Equal Employment Opportunity) as set forth in Section C hereof, Form 00810C, “Equal Employment Opportunities Response Sheet for Construction Contracts” of these Bid Documents.

a. In the hiring of persons for the performance of work under this contract or any subcontract hereunder, or for the procurement, manufacture, assembling or furnishing of any such materials, equipment, supplies or services to be acquired under this contract, no contractor, nor any person acting on behalf of such contractor or subcontractor, shall, by reason of race, creed, color, national origin, ancestry, marital status, gender identity or expression, affectional or sexual orientation or sex, discriminate against any person who is qualified and available to perform the work to which the employment relates;

b. No contractor, subcontractor, nor any person on his behalf shall, in any manner, discriminate against or intimidate any employee engaged in the performance of work under this contract or any subcontract hereunder, or engaged in the procurement, manufacture, assembling or furnishing of any such materials, equipment, supplies or services to be acquired under such contract, on account of race, creed, color, national origin, ancestry, marital status, gender identity or expression, affectional or sexual orientation or sex;

c. There may be deducted from the amount payable to the contractor by the contracting public agency, under this contract, a penalty of $50.00 for each person for each calendar day during which such person is discriminated against or intimidated in violation of the provisions of the contract; and

d. This contract may be canceled or terminated by the contracting public agency, and all money due or to become due hereunder may be forfeited, for any violation of this section of the contract occurring after notice to the contractor from the contracting public agency of any prior violation of this section of the contract.

No provision in this section shall be construed to prevent a board of education from designating that a contract, subcontract or other means of procurement of goods, services, equipment or construction shall be awarded to a small business enterprise, minority business enterprise or a women's business enterprise pursuant to P.L.1985, c. 490 (C.18A:18A-51 et seq.).

40. AMERICANS WITH DISABILITIES ACT. The successful Bidder shall comply with the requirements of Title II of the Americans with Disabilities Act of 1990, 42 U.S.C. §12101 et seq., as set forth in Section C hereof, Form 00820, “Americans with Disabilities Act Response Sheet.”

41. WORKER AND COMMUNITY RIGHT TO KNOW ACT. Pursuant to N.J.S.A. 34:5A-1 et seq., the New Jersey Department of Health has adopted a Workplace Hazardous Substance List (N.J.A.C. 8:59-9), which includes substances that pose a threat to the health and safety of employees or the community. Each Bidder must furnish the College with a “Material Safety Data Sheet” for each product it supplies the College that contains a substance listed on the Hazardous Substance List. Also, in compliance with the Uniform Labeling requirement, a label shall be

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affixed to or stenciled on any product delivered to the College that contains a hazardous substance.

42. TERMINATION OF CONTRACT.

A. If, through any cause, the successful Bidder shall fail to fulfill in a timely and proper manner obligations under the contract or if the successful Bidder shall violate any of the requirements of the contract, the College shall thereupon have the right to terminate the contract by giving written notice to the successful Bidder of such…