AB2025-41 NATIVE TREES FOR CADWALADER PARK.pdf

County of Mercer McDade Administration Building, 640 South Broad Street, P.O. Box 8068, Trenton, NJ 08650-0068

FURNISH, DELIVER AND PLANTING OF NATIVE TREES IN

CADWALADER PARK, CITY OF TRENTON FOR THE MERCER COUNTY

PARK COMMISSION

To Be Received

November 6, 2025, at 11:30 A.M.

Prepared By:

Department of Purchasing

AB2025-41

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COUNTY OF MERCER

BIDDER’S DOCUMENT CHECKLIST

Please initial on the lines below for each document/section attesting to the fact that you have read and/or included the documents with your bid.

Required

With

Bid

SUBMISSION REQUIREMENT ( IF CHECKED) Read, Signed

& Submitted

Respondent’s

Initial

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

Statement of Ownership Disclosure

Acknowledgement of Receipt of Addenda

B SUBMIT DOCUMENTS AT TIME OF BID RESPONSE DUE DATE OR BY TIME PERIOD INDICATED

Proposal Page

Required Evidence EEO/Affirmative Action Regulations Certificate or Questionnaire- Submit Copy of State Certificate of Employee Information Report

References ( Required if Checked)

Signed Insurance and Indemnification Requirements

C. Signed Continuity of Operation during Emergencies

W-9 Form ( 2024 IRS Form)

Exceptions

C. DOCUMENTS REQUIRED PRIOR TO CONTRACT AWARD

Proof of Business Registration - New Jersey Business Registration Certificate

AD-1048 Form- Certification Regarding Debarment, Suspension, Ineligibility and Voluntary

Exclusion Lower Tier Covered Transactions

Disclosure of Investment Activities in Iran

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

D. READ ONLY

Americans With Disabilities Act of 1990 Language

Sexual Harassment Guidelines

This checklist is provided for the bidder’s use in assuring compliance with required documentation;

however, it does not include all specifications requirements and does not relieve the bidder of the need to read and comply with the specifications.

Name of Respondent: Date:

By Authorized Representative:

Signature:

Print Name & Title:

AB2025-41 3

NOTICE TO BIDDERS

Notice is hereby given that on November 6, 2025, at 11:30 A.M. (Prevailing time), electronically sealed bids will be opened and conducted in electronic platform in accord with N.J.A.C. 5:34-1 et. Seq., on

BidNet Direct at https://www.bidnetdirect.com/new-jersey/mercercounty at which time and place the electronically sealed bids will be opened publicly and read via live-stream by the Purchasing Agent in the Mercer County McDade Administration Building, 640 South Broad Street, Room 321 Third Floor, Trenton, New Jersey for:

AB2025-41

FURNISH, DELIVER AND PLANTING OF NATIVE TREES IN CADWALADER PARK, CITY OF TRENTON FOR THE

MERCER COUNTY PARK COMMISSION

Specifications and instructions to bidders may be obtained online at https://www.bidnetdirect.com/new-jersey/mercercounty .

BID SUBMISSIONS:

Bids shall be electronically uploaded, no physical bids shall be received, opened or honored. Please contact BidNet for any questions or assistance with electronic bid submission 1800-835-4603 Option 2.

BID OPENING INFORMATION

Webinar link/password will be posted in a timely manner for the Live-Stream of opening a couple days before the bid opening date. During the bid opening process, the bidders will be announced as well as bid amounts. A bid review providing unit prices will not take place at the openings.

Need assistance registering or obtaining documents on the BidNet platform? Please follow:

http://www.mercercounty.org/home/showdocument?id=19770 or please contact BidNet's Vendor

Support Department at 800-835-4603, Option 2.*Please note registration is free to view, print, download and submit bids electronically for the County of Mercer .

NOTE:

It is the bidder’s responsibility to ensure that the bid package is uploaded by the bid opening date and time. Any bid document received after the deadline established by the Department of Purchasing will not be accepted, regardless of the method of delivery. Bid documents may be obtained from the bid platform

BidNet Direct at https://www.bidnetdirect.com/new-jersey/mercercounty .

Any Bid Addenda will be issued on the BidNet website https://www.bidnetdirect.com/new-jersey/mercercounty and processed in accordance with N.J.S.A. 40A:11-23(c)(1). All interested bidders should check the website from now through bid opening. It is the sole responsibility of the respondent to be knowledgeable of all addenda related to this procurement.

Bidders are required to comply with the requirements of N.J.S.A.10:5-31 et seq. and N.J.A.C. 17:27.

COUNTY OF MERCER, NEW JERSEY

Purchasing Department

609-989-6710

AB2025-41

https://www.bidnetdirect.com/new-jersey/mercercounty https://www.bidnetdirect.com/new-jersey/mercercounty http://www.mercercounty.org/home/showdocument?id=19770 https://www.bidnetdirect.com/new-jersey/mercercounty

AB2025-41 4

SPECIFICATIONS FOR THE FURNISH, DELIVER AND PLANTING OF NATIVE TREES IN CADWALADER

PARK, CITY OF TRENTON FOR THE MERCER COUNTY PARK COMMISSION

Contact for the Mercer County Park Commission:

Mike Long, Director of Stewardship

Hunt Barn

197 Blackwell Road

Pennington, NJ 08534

609-303-0717

Mlong@mercercounty.org

Contact for the City of Trenton:

Paul Harris

Interim Director of Recreation, Natural Resources & Culture

319 E State Street Trenton, NJ 08608

(609) 989-3101 pharris@trentonnj.org

Contract period:

The contract period shall be for 90 Calendar days from the formal notice to proceed.

Contract award:

Any subrecipient under this award are subject to the OMB guidance in subparts A through F of 2

CFR Part 200, as adopted and supplemented by the USDA in 2 CFR Part 400. Any sub-award must follow the regulations found in 2 CFR 200.331 through .333.

1.0 Purpose

The purpose of these specifications is to solicit a qualified Contractor to furnish, deliver and plant Native Trees from a specified list at marked locations throughout Cadwalader Park, in the City of Trenton, New Jersey. The work will be overseen by the Mercer County Park

Commission; in partnership with the City of Trenton, as per an Agreement under the provisions of the Uniform Shared Services and Consolidation Act [N.J.S.A. 40A:65-1 et seq.]. Funding for the Project shall be through a Federal Domestic Matching Grant with the USDA, Forrest Service

Eastern Region State and Private Forestry (Grant No. 22-DG-11094200-198). 2 CFR 200.327 and

Appendix II, as applicable.

Cadwalader Park is located at:

Parkside Avenue and Stuyvesant Avenue

Trenton, NJ 08618

1.1 Description of Work

mailto:Mlong@mercercounty.org mailto:pharris@trentonnj.org

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The successful Contractor shall furnish, deliver and plant up to 120 2 ½” – 3” cal. trees within

Cadwalader Park. Planting sites shall be pre-determined locations within Cadwalader Park.

Prior to the scheduled planting, the contractor shall be responsible for furnishing and installing wooden stakes at the pre-determined planting sites. The proposed tree locations will be staked by the Contractor and color coded on-site by the Park Commission, to denote the tree species to be planted at each location. The awarded Contractor shall be responsible to provide and install tree watering bags and deer protection netting for the trees planted, as specified on the bid proposal form.

1.2 The Contractor shall:

A. Furnish, deliver and install all trees as noted on the provided Bid Form in accordance with the requirements of this bid document.

B. Delivery will only be accepted between the hours of 7:30AM to 2:30PM, Monday through

Friday excluding NJ State holidays.

C. Begin installation within sixty (60) days from date of award; with substantial completion within ninety (90) days from formal notice to proceed.

D. Remove and discard any material as generated by this planting, including but not limited to: Burlap, wire baskets and tree tags. The contractor is responsible for proper disposal off-site of any waste generated during planting.

E. Repair any damaged turf or landscaped areas disturbed from planting activities as determined by the Mercer County Park Commission. All Proposed turf seed mix must be approved by the Mercer County Park Commission prior to application.

1.3 The Contractor shall use the following applicable standards:

A. The latest edition of American National Standards for Tree Care Operations, ANSI A300.

B. American Standard for Nursery Stock, ANSI Z60.2-2025.

C. https://extension.psu.edu/mulching-landscape-trees

1.4 Qualifications

Landscape planting and related work shall be performed by a firm with a minimum of three

(3) years of experience specializing in this type of work. Bidders must provide three (3) references indicating past performance on Attachment 1. Attachment 1 must be submitted with a bid to be considered.

1.5 Nursery Sources

Bidders shall include with their submission, a list of all nurseries that will supply plants, along with a list of the plants they will provide and the location of the nursery. Bidders must this list on

Attachment 2. Attachment 2 must be submitted with a bid to be considered. The Park

Commission reserves the right to inspect and approve or reject the plant material at the source, prior to final purchase and/or delivery.

1.6 Planting Season

Planting shall be done within the following dates:

https://extension.psu.edu/mulching-landscape-trees

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• November 1 through April 1

If special conditions exist that warrant a variance in the above planting dates, a written request shall be submitted to the Park Commission stating the special conditions and the proposed variance. Permission for the variance will be given if warranted in the opinion of the

Park Commission. Any variance in the planting season will not affect the guarantee period.

1.7 Utility Verification and Work Zone Issues

A. The contractor shall contact the local utility companies for verification of the location of all underground utility lines in the area of the work. The contractor shall be responsible to repair all damage resulting from neglect or failure to comply with this requirement.

B. An on-site walk-through is recommended to ensure that the successful Contractor has knowledge of scope of project, work zone, layout, vehicular traffic patterns, logistical installation requirements, and scope of pre-planting site preparation.

1.8 Material Description

1.8.1 Trees

A. A list of acceptable tree species is provided in the cost proposal form. Trees shall be true to species specified and nursery-grown in accordance with good horticultural practices under climatic conditions similar to those in the locality of the project for at least two (2) years. They shall have been freshly dug (during the most recent favorable harvest season).

B. Delivery will only be accepted between the hours of 7:30AM to 2:30PM, Monday through

Friday excluding NJ State holidays.

C. All tree-names and descriptions shall be as defined and shown at the request of the Park

Commission upon inspection.

D. All trees shall be grown and harvested in accordance with the American Standard for

Nursery Stock.

E. Unless approved by the Park Commission, trees shall have been grown at a latitude of no more than 100 miles north or south of the latitude of the project unless the provenance of the tree can be documented to be compatible with the latitude and cold hardiness zone of the planting location.

F. Unless specifically noted, all trees shall be of specimen quality, exceptionally heavy, symmetrical, and so trained or favored in development and appearance as to be unquestionably and outstandingly superior in form, compactness, and symmetry. They shall be sound, healthy, vigorous, well branched, and densely foliated when in leaf; free of disease and insects, eggs, or larvae; and shall have healthy, well-developed root systems.

They shall be free from physical damage or other conditions that would prevent vigorous growth.

G. Trees with multiple leaders, unless specified, will be rejected. Trees with a damaged or crooked leader, bark abrasions, sunscald, disfiguring knots, insect damage, or cuts of limbs over 20mm (3/4 inch) in diameter that are not completely closed will be rejected.

H. Trees shall conform to the measurements specified, except that trees larger than those specified may be used, if prior approval is requested by the Contractor, and provided by

AB2025-41 7

the Park Commission. Use of larger trees shall not increase the contract price. If larger trees are approved for use, the root ball shall be increased in proportion to the size of the tree, per the American Standard for Nursery Stock, ANSI Z60.2-2025.

I. Caliper measurements shall be taken on the trunk six inches (6”) above the natural ground line for trees. Height and spread dimensions specified refer to the main body of the plant and not from branch tip to branch tip. Trees shall be measured when branches are in their normal position. If a range of sizes is given, no tree shall be less than the minimum size, and no less than fifty percent (50%) of the plants shall be as large as the maximum size specified.

Measurements specified are minimum sizes acceptable after pruning, where pruning is required. Plants that meet measurements but do not possess a standard relationship between height and spread, according to the American Standards for Nursery Stock, shall be rejected.

J. Substitutions of plant materials will not be permitted unless authorized in writing by the Park

Commission. If a plant specified on the Cost Proposal document is not obtainable, consideration will be given to an equivalent plant material. To be considered for substitution, all equivalent plant materials shall be listed in the Exceptions page of the bid documents.

K. All trees shall be labeled by tree species. Labels shall be attached securely to all tree materials when delivered. Tree labels shall be durable and legible, and with information given in weather-resistant ink or embossed process lettering.

1.8.2 Transportation and Storage of Tree Material

A. Branches shall be tied with rope or twine only, and in such a manner that no damage will occur to the bark or branches.

B. During transportation of plant material, the contractor shall exercise care to prevent injury and drying out of the trees. Should the roots be dried out, large branches broken, balls of earth broken or loosened, or areas of bark torn, the Park Commission may reject the injured tree(s) and order them replaced at no additional cost to the Park Commission. All loads of plants shall be covered during transportation at all times with tarpaulin or canvas. Loads that are not protected will be rejected.

C. Trees must be protected at all times from sun or drying winds. Those that cannot be planted immediately on delivery shall be kept in the shade, well protected with soil, wet mulch, or other acceptable material, and kept well-watered. Trees shall not remain unplanted any longer than three (3) days after delivery. Plants shall not be bound with wire or rope at any time so as to damage the bark or break branches. Plants shall be lifted and handled with suitable support of the soil ball to avoid damaging it.

1.8.3 Installation

Installation of plant material shall be in accordance with the current industry standards of the

International Society of Arboriculture and the American Association of Nurserymen.

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1.9 Balled and Burlapped (B&B) Plant Materials:

A. For balled and burlapped trees, place backfill carefully around the base and sides of the ball to two-thirds (2/3) the depth of the ball; then thoroughly water the backfill to allow for settlement.

B. Remove wire, burlap fasteners, and loose burlap around the base of the trunk at this time before additional backfill is added. Cut ropes or strings from the top of shrub root balls and trees smaller than three inches (3”) caliper after plant has been set.

C. Remove burlap or cloth wrapping from around top half of balls. Wire baskets shall be removed in their entirety from the root ball. An on-site representative from the Park

Commission may demonstrate the removal method to ensure an intact rootball is maintained during planting.

D. Do not turn under and bury portions of burlap at top of ball. Completely remove any waterproof or water-repellant strings or wrappings from the root ball and trunk. Backfill the remainder of the pit, allowing for the depth of mulch, a three inch (3”) deep saucer, and settlement of the backfill. Water the backfill thoroughly. At no time tamp or treat the ball or backfill in a manner injurious to the root system.

E. Set balled and burlapped trees in the hole with the care so as not to damage the tree or root structure.

F. immediately after harvesting trees, protect from drying and damage until shipped and delivered to the planting site. Root balls shall be checked regularly and watered sufficiently to maintain root viability.

1.10 Excavation of Planted Areas

Pre-determined locations for the selected trees to be planted shall be staked out by the contractor at the various planting sites. Stakes shall be installed by the Contractor under the direction of the Park Commission’s representative. The contractor shall locate and mark all subsurface utility lines by contacting New Jersey One Call 800-272-1000. Final approval of the stakeout by the Mercer County Park Commission is required before excavation begins.

1.10.1 Holes for Trees

A. Holes for trees are to be excavated to the depths and widths indicated within these specifications and details as referenced in the American Standard for Nursery Stock, ANSI

Z60.2-2025.

B. If the planting area under any tree is initially dug too deep, the soil added to bring it up to the correct level should be thoroughly tamped.

C. The sides of the excavation of all planting holes shall be sloped at a 45-degree angle. The bottom of the planting hole directly under any tree shall be horizontal such that the tree sits plumb.

D. Subgrade soils shall be separated from the topsoil, removed from the area, and not used as backfill. Excavations shall not be left uncovered or unprotected overnight.

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E. In areas of slowly draining soils, the root ball may be set up to three inches (3”) or one-eighth (1/8) of the depth of the root ball above the adjacent soil level.

F. Save the existing soil to be used as backfill around the tree.

G. On steep slopes, the depth of the excavation shall be measured at the center of the hole and the excavation dug as outlined within these specifications and details as referenced in American Standard for Nursery Stock, ANSI Z60.2-2025.

1.13 Detrimental Soil Conditions

The Park Commission is to be notified, in writing, of any detrimental soil conditions encountered. Detrimental soil conditions include, but are not limited to poor drainage, which the contractor considers detrimental to the growth of plant material. When detrimental conditions are uncovered, planting shall be discontinued until instructions to resolve the conditions are received from the Park Commission.

1.14 Obstructions

If rock, underground construction work, utilities, tree roots, or other obstructions are encountered in the excavation of planting areas, alternate locations for any planting shall be determined by the Park Commission, in partnership with the City of Trenton.

1.15 Staking and Guying

A. The contractor shall stake or guy a tree only when necessary for the specific conditions encountered or as directed by the Mercer County Park Commission. Staking may be required in unusual circumstances such as sandy soils in either the root ball or adjacent soils or in extremely windy locations.

B. Poor-quality trees with cracked, wet, or loose root balls, poorly developed trunk-to-crown ratios, or undersized root balls shall be rejected if they require staking, unless written approval to permit staking or guying as a remedial treatment is obtained from the Park

Commission.

C. Trees that settle out of plumb due to inadequate soil compaction either under or adjacent to the root ball shall be carefully excavated and reset. In no case shall trees that have settled out of plumb be pulled upright using guy wires.

D. When required, staking and guying methods shall be approved by the Park Commission.

Stakes, anchors, and wires shall be of sufficient strength to maintain the tree in an upright position that overcomes the particular circumstances that initiated the need for staking or guying. Guy wires shall be galvanized, multi-strand, twisted wire.

E. Where guy wires are attached around the tree, the trunk shall be protected with 3/4 – inch

(3/4”) diameter rubber hose, black in color, and of sufficient length to extend past the trunk by more than six inches (6”).

F. Stakes and guys shall be installed immediately upon approval and shall be removed by the selected contractor at the end of the first growing season. Any tree that is not stable at the end of this time shall be rejected.

1.16 Pruning

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A. Plants shall not be heavily pruned at the time of planting. Pruning is required at planting time to correct defects in the tree structure, including removal of injured branches, double leaders, waterspouts, suckers, and interfering branches. Healthy lower branches and interior small twigs should not be removed except as necessary to clear walks and roads.

In no case should more than one-quarter (1/4) of the branching structure be removed.

Retain the normal or natural shape of the plant.

B. All pruning shall be completed using clean, sharp tools. All cuts shall be clean and smooth, with the bark intact with no rough edges or tears.

1.17 Mulching, Watering Bags & Deer Protection

A. All trees will be mulched with mulch previously approved by the Mercer County Park

Commission. Mulch shall consist of organic mulch, preferably shredded hardwood bark, or equal, and shall occur immediately following planting of trees. Mulch must not be placed within three inches (3”) of the trunks of trees or shrubs and shall be to the depths outlined within these specifications and details as referenced The PennState Extension website:

https://extension.psu.edu/mulching-landscape-trees

B. The awarded Contractor shall install tree guards once mulching is complete. Tree guards shall be sixty inches (60”) in height made of tall rigid ½-inch (1/2”) mesh and 7-inches (7”) in diameter.

L. Preferred manufacturers or equivalent for deer protection: Trees with tree guards installed will require two (2) watering bags be installed per tree. Preferred manufacturer of 20-gallon watering bag is Gemplers (Gemplers.com). To be considered for equivalent substitution, all equivalent materials shall be listed in the Exceptions page of the bid documents.

1.18 Maintenance of Trees Prior to Acceptance

A. Following the completion of installation, the contractor shall protect and maintain areas until acceptance of the project. Areas showing deficiencies, as determined by the Park

Commission, shall be replanted, resodded, watered and/or mulched as required.

B. Temporary maintenance shall begin immediately after each plant is planted and continue until its acceptance has been confirmed by the Park Commission.

C. Maintenance shall consist of pruning, watering, cultivating, weeding, mulching, tightening and repairing guys and stakes, resetting plants to proper grades or upright position, restoring of the planting saucer, and furnishing and applying such sprays or other materials as necessary to keep plantings free of insects and diseases and in vigorous condition.

D. Plants shall be protected at all times against damage of all kinds for the duration of the maintenance period. The maintenance period shall conclude upon the Park Commission’s formal acceptance of the work.

1.19 Acceptance of Project and Guarantees

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A. The Park Commission shall inspect all work for acceptance upon written request of the contractor. The request shall be received at least ten (10) calendar days before the anticipated date of inspection.

B. Acceptance of plant material shall be for general conformance to specified size, character, and quality and shall not relieve the contractor of responsibility for full conformance to the contract documents, including correct species.

C. Plant material that is dead or not showing satisfactory growth, as determined by the Park

Commission, shall be promptly removed and replaced by the contractor within ten (10) working days.

D. The replacement shall be of the same variety, size, and character as specified for the original planting. Replacements shall closely match adjacent specimens of the same species and shall be subject to all requirements stated in these specifications.

E. Upon completion and re-inspection of all repairs or renewals as deemed necessary by the

Park Commission, written certification will be issued that the work has been accepted before payment is authorized.

1.20 Workmanship

The contractor shall perform work in accordance with the requirements of the as outlined within these specifications and details as referenced in the latest edition of American National

Standards for Tree Care Operations, ANSI A300, American Standard for Nursery Stock, ANSI Z60.2-

2025 and https://extension.psu.edu/mulching-landscape-trees. The contractor shall complete work in the best manner, so that the work is of uniform quality and appearance.

Cost Proposal

This contract is intended to cover the cost to furnish, deliver and install up to, but not to exceed

120, 2 ½” – 3” cal. Trees. The Mercer County Park Commission has attempted to identify the item(s) and the estimated amounts of each item bid to cover its requirements; however, past experience shows that the amount ordered may be different than that submitted for bidding. The right is reserved to decrease or increase the quantities specified in the specifications pursuant to

[N.J.A.C. 5:30-11.2] and [N.J.A.C. 11.10.], NO MINIMUM PURCHASE IS IMPLIED OR GUARANTEED.

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COUNTY OF MERCER

ACKNOWLEDGMENT OF RECEIPT OF ADDENDA

*This form must be submitted whether or not addenda were issued. If no addenda were issued, check the “No Addenda were received box” and complete the signature section.

The undersigned Bidder hereby acknowledges receipt of the following Addenda:

Addendum Number Dated Acknowledge Receipt

(initial)

No addenda were received

Acknowledged for: __________________________________________

(Name of Bidder)

By: _________________________________________

(Signature of Authorized Representative)

Name: ______________________________________

(Print or Type)

Title: ________________________________________

Date: ________________________________________

AB2025-41 13

INSTRUCTIONS TO BIDDERS AND STATUTORY REQUIREMENTS

SUBMISSION OF BIDS

A. Electronically sealed bids shall be received by the County of Mercer in accordance with public advertisement as required by law, with a copy of said notice being attached hereto and made a part of these specifications.

B. Bids shall be electronically uploaded, no physical bids shall be received, opened or honored. Electronically sealed bids will be opened and conducted in electronic platform in accord with N.J.A.C. 5:34-1 et. Seq., on BidNet Direct at https://www.bidnetdirect.com/new-jersey/mercercounty

C. It is the bidder's responsibility that bids are presented to the County at the time and at the place designated. Once bids have been opened, they shall remain firm for a period of sixty

(60) calendar days.

D. The Mercer County Park Commission and the Mercer County Library System are considered agencies of the County entitled to participate in the contract(s) resulting from this bid.

E. Sealed bids forwarded to the County before the time of opening of bids may be withdrawn upon written application of the bidder. Once bids have been opened, they shall remain firm for a period of sixty (60) calendar days.

F. All prices and amounts must be written in ink or preferably machine-printed. Bids containing any conditions, omissions, unexplained erasures or alterations, items not called for in the bid proposal form, attachment of additive information not required by the specifications, or irregularities of any kind, may be rejected by the County. Any changes, whiteouts, strikeouts, etc. in the bid must be initialed in ink by the person signing the bid.

G. Each bid proposal form must give the full business address, business phone, fax, e-mail if available, the contact person of the bidder, and be signed by an authorized representative as follows:

• Bids by partnerships must furnish the full name of all partners and must be signed in the partnership name by one of the members of the partnership or by an authorized representative, followed by the signature and designation of the person signing.

• Bids by corporations must be signed in the legal name of the corporation, followed by the name of the State in which incorporated and must contain the signature and designation of the president, secretary or other person authorized to bind the corporation in the matter.

• Bids by sole-proprietorship shall be signed by the proprietor.

• When requested, satisfactory evidence of the authority of the officer signing shall be furnished.

H. Bidder should be aware of the following statutes that represent “Truth in Contracting” laws:

AB2025-41 14

• N.J.S.A. 2C:21-34, et seq. governs false claims and representations by bidders. It is a serious crime for the bidder to knowingly submit a false claim and/or knowingly make material misrepresentation.

• N.J.S.A. 2C:27-10 provides that a person commits a crime if said person offers a benefit to a public servant for an official act performed or to be performed by a public servant, which is a violation of official duty.

• N.J.S.A. 2C:27-11 provides that a bidder commits a crime if said person, directly or indirectly, confers or agrees to confer any benefit not allowed by law to a public servant.

• Bidder should consult the statutes or legal counsel for further information.

I. If not submitting a bid proposal in accordance with the attached instructions and specifications, the outside of the above stated envelope shall be plainly marked “NO BID” when being returned. If bidder wishes to remain on bid list, please mark “NO BID - PLEASE

RETAIN ON BID LIST” on front page of this proposal. Failure to comply may result in bidder being dropped from bid list.

J. Contract shall be awarded to the lowest responsible bidder as declared by the County of

Mercer. The contract awarded between the County of Mercer and the successful bidder shall establish the contractual obligation regarding specific items, specifications and services to be provided to the county.

K. Successful bidder shall not assign, transfer, convey sublet or otherwise dispose of the contract or any part thereof to anyone without the written consent of the County of Mercer.

L. The County of Mercer reserves the right in the event of unsatisfactory service to cancel the contract awarded to the successful bidder and procure the goods or services from other sources and hold the contractor responsible for any excess cost.

M. The successful bidder agrees that he will make no claim for additional payment or any other concession because of any misrepresentation or misunderstanding of the contract on his part, or of any failure to fully acquaint himself with any conditions relating to the contract.

N. Bidders are cautioned to fill in all information as requested on the proposal forms to serve as a basis for making awards. The county, without invalidating the contract, may order changes consisting of additions, deletions or modifications and the contract sum shall be adjusted accordingly.

P. Bidder shall list all deviations from the specifications as contained herein when returning proposal as specified.

Q. The bidder, if awarded a contract, agrees to protect, defend and save harmless the County of Mercer against any damage for the payment for the use of any patented material process, article or device that may enter into the manufacture, construction or form a part of the work covered by his contract, and he further agrees to indemnify and save harmless the

County of Mercer from suits or actions of every nature and description brought against it, for or on account of any injuries or damages received or sustained by any parties, by, or from any acts of the contractor, his servants or agents.

AB2025-41 15

R. Bidder must provide Certificate of insurance in a form and amount acceptable to the

County of Mercer including General Liability, Automobile, Workman’s Compensation and such other coverage as may be deemed necessary by the County of Mercer for the work, services or goods being bid.

S. Bidder may be required to submit financial statements unless a guarantee by certified check, cashier’s check or bid bond, or surety certificate is required. Refer to Bidder’s Checklist.

T. BIDDERS SHALL PROVIDE TRADE SECRET OR PROPRIETARY INFORMATION UNDER SEPARATE

COVER WITH THE BID RESPONSE.

U. SOURCE OF SPECIFICATIONS/BID PACKAGES Official County bid packages for routine goods and services are available from on the county website www.mercercounty.org at no cost to the vendor. All addenda are posted on this site. Potential bidders are cautioned that they are bidding at their own risk if a third party supplied the specifications that may or may not be complete. As such, The County is not responsible for third party supplied specifications.

V. The County reserves the right to purchase items from state contract or other county contracts, co-op vendors and/or in the open market, if such use serves the interest of the

County. The County reserves the right to bid separately for any commodity.

W. CAUSES FOR REJECTING BIDS

Bids may be rejected for any of the following reasons:

1. All bids pursuant to N.J.S.A. 40A:11-13.2;

2. If more than one bid is received from an individual, firm or partnership, corporation or association under the same name;

3. Multiple bids from an agent representing competing bidders;

4. The bid is inappropriately unbalanced;

5. The bidder is determined to possess, pursuant to N.J.S.A. 40A:11-4b, Prior Negative

Experience;

6. If the successful bidder fails to enter into a contract within 21 days, Sundays and holidays excepted, or as otherwise agreed upon by the parties to the contract. In this case at its option, the owner may accept the bid of the next lowest responsible bidder (N.J.S.A. 40A:11-24b).

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INTERPRETATION AND ADDENDA, CHALLENGE TO SPECIFICATIONS

The bidder understands and agrees that its bid is submitted on the basis of the specifications prepared by the County. The bidder accepts the obligation to become familiar with these specifications.

Bidders are expected to examine the specifications and related documents with care and observe all their requirements. Ambiguities, errors or omissions noted by bidders should be promptly reported in writing to the Purchasing Agent. In the event the bidder fails to notify the

County of such ambiguities, errors or omissions, the bidder shall be bound by the bid.

No oral interpretation of the meaning of the specifications will be made to any bidder. Every request for an interpretation shall be in writing, addressed to the Purchasing Agent. In order to be given consideration, written requests for interpretation must be received at least ten (10) days prior to the date fixed for the opening of the bids. Any and all such interpretations and any supplemental instructions will be in the form of written addenda to the specifications, and will be distributed to all prospective bidders, in accordance with Statute. All addenda so issued shall become part of the contract documents, and shall be acknowledged by the bidder in the bid.

The County’s interpretations or corrections thereof shall be final.

If the amount shown in words and its equivalent figures do not agree, the written words shall be binding. Ditto marks are not considered writing or printing and shall not be used. In the event that there is a discrepancy between the unit prices and the extended totals, the unit prices shall prevail. In the event there is an error of the summation of the extended totals, the computation by the County of the extended totals shall govern.

Any prospective bidder who wishes to challenge a bid specification shall file such challenges in writing with the contracting agent no less than three business days prior to the opening of the bids. Challenges filed after that time shall be considered void and having no impact on the contracting unit or the award of contract.

PRE-BID CONFERENCE – REFER TO ADVERTISEMENT FOR BID FOR DATE AND TIME – IF

REQUESTED

BRAND NAMES, STANDARDS OF QUALITY AND PERFORMANCE

Only manufactured and farm products of the United States, wherever available, shall be used on this contract in accordance with prevailing statutes.

Brand names and or descriptions used in this bid are to acquaint bidders with the type of commodity desired and will be used as a standard by which alternate or competitive materials offered will be judged. Competitive items must be equal to the standard described and be of the same quality of work. Variations between materials described and the materials offered are to be fully explained by the bidder on a separate sheet and submitted with the proposal form.

Vendor's literature will not suffice in explaining exceptions to these specifications. In the absence of any changes by the bidder, it will be presumed and required that materials as described in the proposal be delivered.

It is the responsibility of the bidder to demonstrate the equivalency of item(s) offered. The County reserves the right to evaluate the equivalency of a product which, in its deliberations, meets its requirements.

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The contractor shall hold and save harmless the County, its officers, agents, servants, and employees, from any liability of any nature and kind for or on account of the use of any copyrighted or uncopyrighted composition, secret process, patented or unpatented invention or article furnished or used in the performance of this contract.

Wherever practical and economical to the County, it is desired that recycled or recyclable products be provided. Please indicate when recycled products are being offered.

In submitting its bid, the bidder certifies that the goods and services to be furnished will not infringe upon any valid patent or trademark and that the successful bidder shall, at its own expense, defend any and all actions or suits charging such infringement, and will save the County harmless from any damages resulting from such infringement.

MULTI-BRAND MANUFACTURER’S

Specifications for a contract item may include a specific manufacturer's brand and model number or equivalent. The product brand or brands referenced in the specifications shall be restricted to one brand produced or manufactured by a multi-brand commercial products manufacturer.

BUDGET SEQUESTRATION

All contracts shall include the following language with regard to automatic spending cuts to

United States federal government funding:

“THE CONTRACT AWARD IS CONTINGENT UPON RECEIVING REQUISITE FEDERAL FUNDING

NECESSARY TO COMPLETE THE TERMS OF THE CONTRACT.”

PRICING INFORMATION FOR PREPARATION OF BIDS

The County is exempt from any local, state or federal sales, use or excise tax.

Estimated Quantities (Open-End Contracts): The County has attempted to identify the item(s) and the estimated amounts of each item bid to cover its requirements; however, past experience shows that the amount ordered may be different than that submitted for bidding. The right is reserved to decrease or increase the quantities specified in the specifications pursuant to N.J.A.C.

5:30-11.2 and 11.10. NO MINIMUM PURCHASE IS IMPLIED OR GUARANTEED.

Contractor shall be responsible for obtaining any applicable permits or licenses from any government entity that has jurisdiction to require the same. All bids submitted shall have included this cost.

Bidders shall insert prices for furnishing goods and services required by these specifications. Prices shall be net, including any charges for packing, crating, containers, etc. All transportation charges shall be fully prepaid by the contractor, F.O.B. destination and placement at locations specified by the County. As specified, placement may require inside deliveries. No additional charges will be allowed for any transportation costs resulting from partial shipments made for the contractor's convenience.

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METHOD OF CONTRACT AWARD

The length of the contract shall be stated in the technical specifications. Pursuant to requirements of

N.J.A.C. 5:30-5.1 et seq., any contract resulting from this bid shall be subject to the availability and appropriation of sufficient funds annually. Please see Section entitled Termination of Contract

If the award is to be made on the basis of a base bid only, it shall be made to that responsible bidder submitting the lowest base bid.

If the award is to be made on the basis of a combination of a base bid with selected options, it shall be made to that responsible bidder submitting the lowest net bid.

The County may also elect to award the contract on the basis of unit prices.

The form of contract shall be submitted by the County to the successful bidder. Terms of the specifications/bid package prevail. Bidder exceptions must be formally accepted by the County.

TERMINATION OF CONTRACT

A. If, through any cause, the contractor shall fail to fulfill in a timely and proper manner obligations under the contract or if the contractor shall violate any of the requirements of the contract, the

County shall there upon have the right to terminate the contract by giving written notice to the contractor of such termination and specifying the effective date of termination. Such termination shall relieve the County of any obligation for balances to the contractor of any sum or sums set forth in the contract. County will pay only for goods and services accepted prior to termination.

B. Notwithstanding the above, the contractor shall not be relieved of liability to the County for damages sustained by the County by virtue of any breach of the contract by the contractor and the

County may withhold any payments to the contractor for the purpose of compensation until such time as the exact amount of the damage due the County from the contractor is determined.

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

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

E. Continuation of the terms of the contract 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 County reserves the right to cancel the contract.

F. ACQUISITION, MERGER, SALE AND/OR TRANSFER OF BUSINESS, ETC.

It is understood by all parties that if, during the life of the contract, the contractor disposes of his/her business concern by acquisition, merger, sale and or/transfer or by any means convey his/her interest(s) to another party, all obligations are transferred to that new party. In this event, the new vendor will be required to submit all documentation/legal instruments that were required in the original bid/contract. Any change shall be approved by the County.

G. The contractor will not assign any interest in the contract and shall not transfer any interest in the same without the prior written consent of the County.

H. The County of Mercer reserves the right, at its option, to terminate this contract upon giving thirty

(30) days written notice to the contractor. Such termination shall relieve the County of any obligation

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for balances to the contractor of any sum or sums set forth in the contract. County will pay only for goods and services accepted prior to termination.

PAYMENT

No payment will be made unless duly authorized by the County of Mercer’s authorized representative and accompanied by proper documentation. Payment will be made in accordance with the County of Mercer’s policy and procedures.

TRANSITIONAL PERIOD

In the event services are terminated by contract expiration or by voluntary termination by either the Contractor or The County of Mercer, the Contractor shall continue all terms and conditions of said contract for a period not to exceed thirty (30) days at the County’s request.

NEW JERSEY SALES TAX

In submitting a bid, the Contractor certifies that the total base bid set forth does not include any

New Jersey Sales Tax, and he further certifies that in the event of a successful bid, bidder will only apply for an exemption for materials or supplies to be used in connection with County property.

Contractor’s Exemption Purchase Certificate, Form ST-13, issued by the State of New Jersey

Division of Taxation, Sales Tax Bureau, shall be completed and presented to his suppliers for material used to make any permanent change to a County Building on this contract.

http://www.state.nj.us/treasury/taxation/pdf/other_forms/sales/st13.pdf

STATISTICAL DATA REPORT

If requested, the contractor shall provide in writing to the County, a statistical data report

Identifying all goods and or services provided.

LATE FEE POLICY

The County of Mercer pays vouchers bi-weekly, thus vendors, in most cases are paid in less than

30 days, if the vendor has complied by responding promptly with delivery, a signed voucher and an original invoice. We can pay only for goods and services rendered and late fees and service charges are not appropriated for such purposes. All County employees are reminded that no one is authorized to sign a letter of credit or any other document that represents a legal commitment on the part of the County without a specific authorization from our governing body or through a resolution that grants the same. All credit applications or similar forms are carefully read in Finance and terms the County does not agree to, are stricken.

TIE BIDS: Tie bids will be decided by the County of Mercer.

DEMONSTRATION AND SAMPLE

If so requested, the vendor shall provide demonstration. If so requested, the vendor shall submit a sample of the units or merchandise.

MANUFACTURERS’ NAMES

Any manufacturers’ names, trade names, brand names or catalog numbers used in the specifications are for the purpose of describing and establishing general quality levels. Such references are not intended to be restrictive. Bids will be considered for any brand, which meets or exceeds the quality of the specifications listed for any item.

AWARD/REJECTION

http://www.state.nj.us/treasury/taxation/pdf/other_forms/sales/st13.pdf

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In accordance with N.J.S.A. 40A:11-24, all contracts will be awarded or all bids will be rejected within sixty (60) days of the receipt of bids unless vendor agrees to extend for a longer period of time.

AVAILABILITY OF FUNDS

Pursuant to statutory requirements, any contract resulting from this bid shall be subject to the availability and appropriation of sufficient funds annually.

MULTIPLE BIDS NOT ALLOWED

More than one bid from an individual, a firm or partnership, a corporation or association under the same or different names shall not be considered.

FAILURE TO ENTER CONTRACT

Should the bidder, to whom the contract is awarded, fail to enter into a contract within 21 days, Sundays and holidays excepted, the County of Mercer may then, at its option, retain the bidder’s bid deposit/bond and accept the bid of the next lowest responsible bidder.

INQUIRIES

All questions and information pertaining to this proposal shall be directed to the Department of

Purchasing at (609) 989-6710.

COMMUNICATIONS AFTER THE BID OPENING

It is highly improper for a bidder after bid opening to contact any representative of the County of Mercer to discuss the bids. The solicitation package contains all documents and instructions.

These may be supplemented by any comments you wish to make. Such additional material and comments must be submitted with the bid. Should there be any questions concerning the bid submitted, you will be contacted by a representative of the County of Mercer and any discussion or contact will be limited to the questions of the representative.

INDEX RATE

If the County of Mercer desires to extend a contract under the provisions of N.J.S.A. 40A:11-15 or

N.J.S.A. 18A:18A-42, the index rate is the basis to determine the appropriate increase in the contract price. The following are the requirements for using this provision: Contracts for services, the statutory length of which is for three years or less, may only include provisions for no more than one (1) two-year or two (2) one-year extensions. The original bid specifications and contract must include language that explains the possibility for an extension.

W-9

Successful bidder/respondent shall complete A W-9 Form and submit to the Purchasing

Department prior to the contract award. The form is available at the following link:

www.irs.gov/pub/irs-pdf/fw9.pdf

INVOICING

Awarded contractors shall provide detailed invoicing itemizing hours worked for each trade and trade rate. Materials shall be broken out. Reflecting the contractor’s cost of materials and up charge. Proof of purchase is required to be submitted with invoicing.

SAFETY PROGRAM:

Observe all rules and regulations of the Federal, State, and local health officials, including regulations concerning construction safety and health standards. At the preconstruction http://www.irs.gov/pub/irs-pdf/fw9.pdf

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meeting, submit to the County approval a written safety program that meets or exceeds the minimum requirements of the Contract and applicable State or Federal regulations. Include at a minimum the following:

1. Description. Describe in detail how the safety program is implemented and monitored.

Provide guidelines for protecting personnel from hazards associated with Project operations and activities. Establish the policies and procedures for safety practices that are necessary for the Work to be in compliance with the requirements of OSHA and other

State and Federal regulatory agencies with jurisdiction, rules, regulations, standards, or guidelines in…