2-P-2419 Complete Bid Package.pdf

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Intercollegiate Bus Transportation Services
Solicitation number
P-2419
Issued by
Bergen County, New Jersey

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Summary

This is a Request for Bids issued by Bergen Community College in Paramus, New Jersey for Intercollegiate Bus Transportation Services (Public Bid No. P-2419). The college seeks bids for charter bus transportation services to support intercollegiate athletics programs. The procurement includes availability of standard coach buses with 56-passenger capacity and smaller buses accommodating 14-25 passengers, with all vehicles required to meet DOT regulations, maintain clean restroom facilities, and have ample storage for athletic equipment and luggage. Bidders must provide proof of liability insurance and driver qualifications, including fluency in English. Electronic bids must be submitted via the Euna-Bonfire platform (https://bergenbids.com) by 10:00 a.m. local time on Wednesday, April 22, 2026, with bids to be publicly opened and read aloud via Webex. Questions regarding specifications must be submitted by Thursday, April 9, 2026, at 12:00 noon. The contract period runs from September 1, 2026, through May 30, 2027, with an option to extend for the period September 1, 2027, through May 30, 2028. Contract award is anticipated at the May 2026 Board of Trustees meeting.

The bid evaluation is based on the lowest total cost for approximately 55 trips, comprising approximately 30 larger bus trips (56-passenger capacity) and 20-25 smaller bus trips (15-passenger capacity), with unit pricing provided separately for each bus size. Bidders must include a $25 daily gratuity per trip in their unit costs. Bergen Community College will cover driver hotel accommodations separately for overnight trips and will pay only for actual hours of service provided, including all travel time, mileage, and fuel. The college reserves the right to cancel trips with 24 hours' advance notice due to inclement weather, poor attendance, or other circumstances, with no cancellation fees permitted for weather-related cancellations. This is an open-ended contract with quantities and dollar amounts as estimates; the Board of Trustees reserves the right to increase quantities by up to 20 percent or decrease by up to 100 percent. All bidders must submit required compliance documentation, including Business Registration Certificates, Equal Employment Opportunity certifications, Americans with Disabilities Act responses, insurance documentation, and certifications regarding suspension/debarment status and investment activities in Iran and Russia/Belarus.

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Text version

BERGEN COMMUNITY COLLEGE

400 PARAMUS ROAD

PARAMUS, NJ 07652

Request for Bids

Intercollegiate Bus Transportation Services

PUBLIC BID NO. P-2419

BID OPENING: Wednesday, April 22, 2026, 10:00 a.m. local time via the online bidding platform, Euna-Bonfire with the Office of the Director of Purchasing and Services, Bergen Community College, Pitkin Education Center, 400 Paramus Road, 2nd Floor, Paramus, NJ 07652.

Bidders must submit the checked items below with their bids.

FORM DESCRIPTION

00001 X BIDDERS’ CHECKLIST

00300 X SIGNED BID SHEET

00400 X OWNERSHIP DISCLOSURE STATEMENT

00410 X NON-COLLUSION AFFIDAVIT

00810A

X

EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE FOR GOODS,

PROFESSIONAL SERVICES AND GENERAL SERVICE CONTRACTS

00810C

X

EQUAL EMPLOYMENT OPPORTUNITIES RESPONSE SHEET FOR GOODS

AND SERVICES CONTRACTS

00820

X AMERICANS WITH DISABILITIES ACT – RESPONSE SHEET

00830 X ACKNOWLEDGMENT OF RECEIPT OF ADDENDA

00870

BUSINESS REGISTRATION CERTIFICATE FOR CONTRACTOR AND ANY

NAMED SUBCONTRACTORS PRIOR TO CONTRACT AWARD BY THE

COLLEGE (prior to the award of a contract by the College)

00880 X SUSPENSION AND DEBARMENT CERTIFICATION

00890 X

DISCLOSURE OF INVESTMENT ACTIVITIES IRAN

00900 X

CERTIFICATION OF NON-INVOLVEMENT IN PROHIBITED ACTIVITIES IN

RUSSIA OR BELARUS

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TABLE OF CONTENTS

Page

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

Section A Instructions for 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. N/A .................................................................................................................... IB-2

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

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

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

8. Cost of Bid Preparation ..................................................................................... IB-2

9. Mistakes and Bid Alterations; Bidder’s Representations ................................... IB-2

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

11. Brand Name or Equivalent ................................................................................ IB-3

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

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

14. Proprietary Goods and Services ....................................................................... IB-4

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

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

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

18. Contract Execution ............................................................................................ IB-5

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-6

23. Subcontractors .................................................................................................. IB-6

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

25. Business Registration Certificate ...................................................................... IB-7

26. Prompt Payment Act ......................................................................................... IB-7

27. Insurance Requirements ................................................................................... IB-8

28. N/A .................................................................................................................... IB-8

29. Indemnification .................................................................................................. IB-8

30. Liquidated Damages ......................................................................................... IB-8

31. Bergen County Blue Laws ................................................................................. IB-8

32. Pay to Play ........................................................................................................ IB-8

33. Coordination with Other Work ........................................................................... IB-9

34. Taxes ................................................................................................................ IB-9

35. General Guaranty .............................................................................................. IB-9

36. Assurances by Successful Bidder ..................................................................... IB-9

37. Prohibited Interests ........................................................................................... IB-9 ii

Page

38. Assignment ....................................................................................................... IB-9

39. Non-Discrimination in Employment ................................................................... IB-9

40. Americans with Disabilities Act ......................................................................... IB-10

41. Worker and Community Right to Know Act ....................................................... IB-10

42. Termination of Agreement ................................................................................. IB-10

43. Special Provisions ............................................................................................. IB-10

44. Conflict Clarification .......................................................................................... IB-10

Section B Special Provisions

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

2. Permits and Approvals ....................................................................................... SP-1

3. Award ................................................................................................................. SP-1

4. Visitors to Campus…………………………………………………………………….SP-1

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

Section C Bid Forms/Submission Requirements

1. Bid Sheet (Form 00300) .................................................................................... B-1

2. Ownership Disclosure Statement (Form 00400) ............................................... B-4

3. Non-Collusion Affidavit (Form 00410) ............................................................... B-8

4. Equal Employment Opportunity Language (Form 00810A) .............................. B-10

5. EEO Response Sheet (Goods and Services) (Form 00810C) .......................... B-13

6. Americans with Disabilities Act Response Sheet (Form 00820) ....................... B-14

7. Acknowledgement of Receipt of Addenda (Form 00830) .................................. B-16

8. NJ Business Registration Certificate (Form 00870) .......................................... B-17

9. Suspension and Debarment Certificate (Form 00880) ...................................... B-18

10. Disclosure of investment activities Iran (Form 00890) …………………………...B-19

11. Certification of Non-Involvement in Prohibited Activities in Russia or Belarus

(00900)……………………………………………………………………………….. B-21

Section D Specifications

1. Technical Specification…………………….………………………….……...…D-1

NB-1

#4000043

NOTICE TO BIDDERS

PUBLIC NOTICE is hereby given that ELECTRONIC BIDS for INTERCOLLEGIATE BUS TRANSPORTATION SERVICES, Public Bid No. P-2419, will be received from prospective bidders until 10:00 A.M. local time, Wednesday, April 22, 2026, 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 bids 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.com

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 MUST SUBMIT FORM NO. 00810C,” Equal Employment Opportunities Response Sheet for General Service Contracts” WITH ITS BID.

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 ANY SUBCONTRACTORS PRIOR TO THE

AWARD OF A CONTRACT BY THE COLLEGE AS PROOF THAT AT THE TIME OF THE BID,

BIDDER AND ANY SUBCONTRACTORS ARE REGISTERED WITH THE NEW JERSEY

DEPARTMENT OF TREASURY, DIVISION OF REVENUE.

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: April 1, 2026

For Bergen Community College:

S. Weise, Director Purchasing and Service https://bergenbids.com/ http://www.bergen.edu/community/purchasing/current-vendor-opportunities

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SECTION A

INSTRUCTIONS FOR BIDDERS

DEFINITIONS

Bid Documents or Bid Specifications means the Request for Bids for Intercollegiate Bus Transportation Services, Public Bid No. P-2419, including the Notice to Bidders; Section A - Instructions for Bidders and Bidder’s Checklist; Section B – Special Provisions; Section C - Bid Forms/Submission Requirements; and Section D – Technical Specifications.

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

“College”) is soliciting bids for the following: Intercollegiate Bus Transportation Services – as more particularly described in Section D of the Bid Documents.

2. BID SUBMISSION: DATE AND PLACE OF OPENING BIDS. Electronic bids for

Intercollegiate Bus Transportation Services, Public Bid No. P-2419 will be received from prospective Bidders until 10:00 a.m. local time on Wednesday, April 22, 2026, 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 the Bid

Specifications and requirements should be sent through Bonfire under Bergen Community

College and the appropriate opportunity.

Stephanie Weise, Director of Purchasing and Services

Bergen Community College

400 Paramus Road Paramus, NJ 07652

Please reference this Intercollegiate Bus Transportation Services, Public Bid No. P-2419 in the subject heading when submitting questions. The deadline to submit questions in writing to the above is Thursday, April 9, 2026, by 12 noon. 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-2419 to incorporate into their

Bids. See also Paragraph 17 of this Section A Instructions to Bidders set forth hereinbelow addressing Addenda and Interpretation.

https://bergenbids.com/

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4. N/A

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. 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 sole 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’ Checklist when applicable.

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.

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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 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

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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 every respect 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 sole opinion of the College, of equal substance and function. In any instance where the proposed products differ 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 sole cost and 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 conditions to be found at the site and shall assume all responsibility for delivering the product 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 (9:00 a.m. to 3:00 p.m.) on regular business days (Monday through Friday, except holidays).

14. PROPRIETARY GOODS AND SERVICES. The Bid 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 the performance, completion or undertaking of the purpose for which the contract is being awarded.

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15. BID ACCEPTANCE/REJECTION. The College reserves the right to accept any Bid that results in the achievement of the lowest, responsible cost for the goods and/or 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 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 15, hereinabove 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.

• 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, Bidder shall at once notify the College, which will send written 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 must be received by the date specified in Paragraph 3 hereinabove of this Section A Instructions to Bidders. All such interpretations and supplemental instructions will be issued by the College in the form of written addenda to the Bid Specifications and drawings, if any, and shall become a part of the Contract Documents. 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 these 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 must submit within ten (10) days a copy of an agreement executed by a duly authorized representative of the Bidder. SUBMISSION OF A SUBSTITUTE OR REVISED

AGREEMENT IS NOT PERMITTED.

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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.

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 Bidder, giving due regard to the Bidder’s ability to deliver the product (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 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 by the College 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 County 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 of Bergen Community College 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. If applicable, any subcontractors to be employed in the work set forth in these Bid Specifications must be listed by name and address, together with the portion of work to be performed by them. Approval by the College must be obtained for all subcontractors

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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., prior to the award of a contract by the College.

24. PREVAILING WAGES. If applicable, the 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., governing the prevailing rates of wages for workmen who are employed in the work, 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.

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 are requested to submit, prior to the award of a contract by the College, a copy of their Business Registration Certificate (“BRC”), together with a copy of the BRC’s for all listed subcontractors, 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 work 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 thirty (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 twenty

(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 work 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

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shall place the billing for work performed on its next regularly scheduled meeting of its Board of

Trustees and, should such billing for work 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.

27. INSURANCE REQUIREMENTS. The Successful Bidder shall not commence any work under the contract until the Successful Bidder has obtained, at the Successful Bidder's own expense, all insurance, as set forth in 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 insureds on all certificates of insurance submitted by the Successful Bidder, except Workers’ Compensation Insurance.

28. N/A

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 or any negligent act or omission of the contractor or are due or claimed to be due to any statutory violation or to any negligence or omission of the 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 Agreement 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 these Bid Specifications.

31. BERGEN COUNTY BLUE LAWS. No construction is allowed on any College 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

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Jersey Election Law Enforcement Commission (“ELEC”) if they receive contracts in excess of $50,000 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 work 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 Documents 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 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 work, 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 Agreement, 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.

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 Goods, Professional Services and General Services Contracts.”

40. AMERICANS WITH DISABILITIES ACT. The Successful Bidder shall comply with the http://www.elec.state.nj.us/

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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. The Successful 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 affixed to or stenciled on any product delivered to the College that contains a Hazardous Substance.

42. TERMINATION OF AGREEMENT. A. If, through any cause, the Successful Bidder shall fail to fulfill in a timely and proper manner obligations under the Agreement or if the Successful Bidder shall violate any of the requirements of the Agreement, the College shall thereupon have the right to terminate the Agreement by giving written notice to the Successful Bidder of such termination and specifying the effective date of termination. Such termination shall relieve the College of any obligation for balances to the Successful Bidder of any sum or sums set forth in the Agreement. College will pay only for goods and services accepted prior to termination.

B. Notwithstanding the above, the Successful Bidder shall not be relieved of liability to the College for damages sustained by the College by virtue of any breach of the Agreement by the Successful Bidder and the College may withhold any payments to the Successful Bidder for the purpose of compensation until such time as the exact amount of the damage due the College from the Successful Bidder is determined.

C. The Successful Bidder agrees to indemnify and hold the College harmless from any liability to subcontractors/suppliers concerning payment for work performed or goods supplied arising out of the lawful termination of the Agreement by the College under this provision.

D. In case of default by the Successful Bidder, the College may procure the goods or services from other sources and hold the Successful Bidder responsible for any excess cost.

E. Continuation of the terms of the Agreement beyond the fiscal year is contingent on availability of funds in the following year's budget. In the event of unavailability of such funds, the College reserves the right to cancel the Agreement.

43. SPECIAL PROVISIONS. The Bidder’s attention is specifically directed to the Special Provisions of the Request for Bids at Section B hereof.

44. CONFLICT CLARIFICATION. In the event of conflict between any of the Notice to Bidders; Instructions for Bidders; Section A – Special Provisions; Section B – Special Provisions;

Section C – Bid Forms/Submission Requirements; and Section D – Technical Specifications, the more comprehensive and stringent provision(s) shall govern as solely determined by the College.

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SECTION B

SPECIAL PROVISIONS

1. PAYMENT. No payment will be made unless duly authorized by the College’s authorized representative and accompanied by proper documentation. Payment will be made in accordance with the College’s processing and payment policies and procedures.

2. PERMITS AND APPROVALS. N/A

3. CONTRACT AWARD. Any award under this Bid shall be made to the lowest, responsible Bidder by total. Bidders may Bid on the brand name or equal on any and all items. If bidding an “equal” product, a manufacturer’s specification sheet must be enclosed with the Bid referencing the line item on the specification sheet. It is anticipated that an award will be made at the May 2026 Board of Trustees Meeting.

4. VISITORS TO CAMPUS. N/A

5. INSURANCE. The Successful Bidder shall furnish proof of the following insurance coverage in effect prior to commencement of work:

A. General Liability, Workers Compensation, Automobile Insurance

The Successful Bidder shall purchase and keep in force during the life of the Agreement and at Successful Bidder’s own expense:

1. Contractor's general liability for bodily injury and property damage.

2. Worker Compensation protecting the Successful bidder and any and all of its employees and/or subcontractors.

3. Automobile Insurance.

These policies must protect the Successful bidder, the College, and any subcontractor performing any/all work covered in the Agreement from any/all claims for damages for bodily injury, property damage, personal injury, fire damage, legal liability, any/all workers compensation claims and any/all automobile claims that may arise from operations under the Agreement whether such operations be by the Successful Bidder, an employee or a subcontractor or by anyone directly or indirectly employed by either of them.

The Successful Bidder shall defend, indemnify, and hold harmless the College, its trustees, officers, directors, employees and agents from liability for all of the above exposures including any legal fees arising out of such claims. The Successful Bidder's policies shall add the College as an additional insured on all the above policies, except Worker’s Compensation, and on all insurance certificates.

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All policies shall provide the College with 30-days written Notice of Cancellation, except that for cancellation for premium non-payment, 10-days written notification shall be provided.

The limits of such insurance shall be as follows:

1. Contractor's Commercial General Liability - In an amount not less than $1,000,000.00 per occurrence for Bodily Injury and Property Damage (combined single limit) and not less than $1,000,000.00 separate limit for Personal Injury and not less than $1,000,000.00 separate limit for Products/Completed Operations per occurrence.

The policy aggregate limit shall be for not less than $2,000,000.00 for the general aggregate and not less than $2,000,000.00 for the Products/Completed Operations aggregate.

This insurance shall be written with an acceptable company authorized to do business in the State of New Jersey and with an A.M. Best rating of not lower than A-. The insurance shall be kept in force until all operations shall be satisfactorily completed. Copies or original of such policies shall be furnished to the College, if requested, and such policies shall be approved by the College before operations are commenced.

The following special hazards shall be covered during the life of this contract, along with the General Liability either on the same policy or purchased through another carrier. They are:

a. explosion

b. collapse

c. underground damage

d. all mobile equipment and contractor’s tools and equipment

2. Automobile Insurance - Public Liability insurance to cover each/all automobiles, trucks, trailers and any other vehicle, mobile equipment or other equipment defined as an "auto," used in the performance of the contract, in an amount not less than $1,000,000.00 combined single limit for Bodily Injury and Property Damage.

This policy and the coverages afforded shall remain in force throughout the duration of the contract.

3. Workers Compensation and Employers Liability - The policy shall comply with the Workers Compensation laws of the State of New Jersey and shall cover each and every employee as well as any/all subcontractors. The limits of liability for Employer’s Liability shall not be less than $100,000.00 Bodily Injury by Accident/each accident; not less than $100,000.00 Bodily Injury by Disease/each employee; not less than $500,000.00 Bodily Injury by Disease/policy limit.

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SECTION C

FORM 00300

BID SHEET

BIDDER’S NAME: _____________________________________________________

FURNISHING AND DELIVERY OF INTERCOLLEGIATE BUS TRANSPORTATION SERVICES

FOR BERGEN COMMUNITY COLLEGE

The undersigned hereby declares that they have carefully examined the advertisement, specifications, and form of contract for furnishing the specified items and that they will execute the contract according to the specifications, terms, and conditions, with respect to the following:

ITEM 1: TOTAL OF 55 VARIOUS SIZE TRIPS AND BUSES: $

Unit Price for smaller buses to accommodate 15 people: $ _______________ Unit Price for larger buses to accommodate 56 people: $ ________________

This contract shall be effective for the period of September 1, 2026 - May 30, 2027, from specific times per game, for 15- 56 Passenger Coach Buses (including all related costs).

ITEM 2: CANCELLATIONS AND CONTINGENCIES:

THERE MAY BE NO FEES OR CHARGES FOR WEATHER CANCELLATIONS.

Please list and explain charges or fees, or other restrictions as may apply (i.e.

cancellation must be before a certain hour).

VARIANCES, IF ANY:

NOTE: ***BERGEN COMMUNITY COLLEGE NJ TAX EXEMPTION NO. #221-820-506***

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FORM 00300

BID SHEET

NAME OF BIDDER_______________________________________________

ADDRESS________________________________________________________

CITY _______________________ STATE ___________ ZIP _______________

TELEPHONE_____________________ FAX____________________________

EMAIL ADDRESS__________________________________________________

REPRESENTED BY (PLEASE PRINT NAME) ____________________________

AUTHORIZED SIGNATURE__________________________________________

DATE: ________________________

WITNESS: _________________________________________________________

NOTE:

1. If doing business under a trade name, partnership or a sole proprietorship, you must submit the bid under exact title of the trade name, partnership, or proprietorship, and the bid must be signed by either the owner, or a partner and witnessed by a notary public.

2. If a Corporation, the bid must be signed by the President or Vice President and witnessed by a Corporate Secretary (corporate title must be exact) and affix corporate seal. If a Corporate Secretary does not exist, President or Vice President’s signature shall be witnessed by a Notary Public.

3. Other persons authorized by corporate resolution to execute agreements on its behalf may also sign the Bid Documents. Copy of a resolution must accompany the bid.

4. The person who signs this bid form must also sign the Non-Collusion Affidavit.

5. You cannot witness your own signature.

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BIDDER’S NAME: _________________________________________________

FOR BCC USE ONLY

DATE BID OPENED

TIME

OPENED BY: WITNESS:

THIS FORM MUST BE RETURNED WITH YOUR BID

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BIDDER’S NAME: __________________________________

FORM…

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