mercer AB2026-41 LIVING SHORELINE FOR MCPC (1).pdf

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

SPECIFICATIONS FOR BID

WATSON CREEK LIVING SHORELINE CONSTRUCTION PROJECT LOCATED

AT JOHN A. ROEBLING MEMORIAL PARK, TOWNSHIP OF HAMILTON,

MERCER COUNTY, NEW JERSEY FOR THE MERCER COUNTY PARK

COMMISSION

This project is funded, in part, through the State of New Jersey's Green Acres Program.

Pursuant to N.J.A.C. 7:1D-2

To Be Received On

September 9, 2026, at 11:30 A.M.

Prepared By:

Department of Purchasing

AB2026-41

AB2026-41 2

COUNTY OF MERCER

BIDDER’S CHECKLIST

Required

With

Bid

DOCUMENTATION REQUIRED OR REVIEWED

Read, Signed

Submitted

Bidder’s

Initial

A. REQUIRED AT TIME OF BID (FAILURE TO SUBMIT ANY OF THESE ITEMS IS MANDATORY

CAUSE FOR REJECTION OF BID)

Bidder’s Checklist

Bid Guarantee (Bid Bond or Certified/Cashier’s Check) (with POA for full amount of

Bid Bond)

Consent of Surety (Certificate from Surety company)

Acknowledgement of Receipt of Addenda

Statement of Ownership Disclosure

Sub- Contractors Named (Applicable to: Electrical, Plumbing, HVAC or Structural

Steel)

B. DOCUMENTS TO BE SUBMITTED AT TIME ON BID RESPONSE DUE DATE

Required Evidence EEO/Affirmative Action Regulations Questionnaire

Proposal Page

Cost Proposal

Public Works Contractor Registration Certificate(s) for the Bidder and Designated

Subcontractors (Prior to Award, but effective at time of bid)

Prevailing Wage Certification Form

Three (3) references for similar projects

Insurance and Indemnification Requirements

Equipment Certification

Safety Certification

C. DOCUMENTS REQUIRED PRIOR TO CONTRACT AWARD

Business Registration Certificate – Bidder (Prior to Contract Award)

Business Registration Certificate – Designated Subcontractor(s) (Prior to Contract

Award)

Performance Bond and Labor and Material Payment Bond (Required from the

Awarded Contractor)

Certification of Non-Debarment for Federal Government Contracts

D. READ/COMPLY ONLY

Americans With Disabilities Act of 1990 Language

This checklist is provided for 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.

Bidder Name: Date:

Authorized Representative:

Signature:

Print Name & Title:

AB2026-41 3

NOTICE TO BIDDERS

Notice is hereby given that on September 9, 2026, 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 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:

WATSON CREEK LIVING SHORELINE CONSTRUCTION PROJECT LOCATED AT JOHN A. ROEBLING MEMORIAL PARK, TOWNSHIP OF HAMILTON, MERCER COUNTY, NEW JERSEY FOR THE MERCER COUNTY PARK COMMISSION

Please be advised that this project is funded, in part, through the State of New Jersey's Green Acres Program.

Pursuant to N.J.A.C. 7:1D-2, any vendor that is currently suspended, debarred, or disqualified from participation in State-funded projects is ineligible to participate in this project.

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 .

BID SUBMISSIONS:

Bids shall be electronically uploaded through BidNet Direct portal . 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 for the live stream bid opening will be posted prior to the bid opening on the Mercer County

Procurement website following https://www.mercercounty.org/departments/purchasing/bidding-opportunities. 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.

BID BOND:

Bid proposals must be accompanied by a certified check, cashier's check, or bid bond in the amount of a ten percent (10%) of the bid price but not in excess of $20,000.00 and made payable to the County of Mercer. If bids are to be submitted electronically in accord with this notice, then the bidder shall submit a copy of the bid guarantee with electronic submittal, and mail (ensuring receipt PRIOR to electronic bid opening) the original to the Department of Purchasing, 640 S. Broad Street, Room 321, Trenton, New Jersey 08611. The bid guarantee may also be provided in certified check and cashier’s check in accord with provisions within general requirements of this bid.

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)(2). All interested bidders should check the website from now through bid opening. 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

SCHEDULE:

Release: August 14, 2026

Pre-Bid Site Visit: August 19,2026 at 12:00 P.M. Interested bidders can access the project area via the driveway at the Tulpehaking Nature Center located at 157 Westcott Ave., Hamilton, NJ 08610. Follow the driveway down the hill to meet here.

Question Deadline: August 24, 2026, at 12:00 P.M.

Bid Opening Date: September 9, 2026, at 11:30 A.M.

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WATSON CREEK LIVING SHORELINE CONSTRUCTION PROJECT LOCATED AT JOHN A. ROEBLING

MEMORIAL PARK, TOWNSHIP OF HAMILTON, MERCER COUNTY, NEW JERSEY FOR THE MERCER COUNTY

PARK COMMISSION

INTENT

The County of Mercer requests bids for the Watson Creek living shoreline construction located at John

A. Roebling Memorial Park, Township of Hamilton, Mercer County, New Jersey. The project will be constructed under a single prime contract.

This project is funded, in part, through the State of New Jersey's Green Acres Program, pursuant to

N.J.A.C. 7:1D-2. The Contractor and subcontractors shall comply with all applicable federal, state, and local laws, regulations, executive orders, and grant requirements, including, but not limited to:

• 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for

Federal Awards ("Uniform Guidance");

• All terms and conditions of the applicable NFWF Grant Agreement;

• All applicable federal statutes, regulations, and agency guidance incorporated into the prime award

BASE BID AND ALTERNATES

Refer to the technical specifications and drawings. There is a base bid only. The County requires all bidders to provide pricing for the base bid. The contractor will be responsible for all required permits and fees. All work to be performed shall be in accordance with the Project Documents, Drawings and

Specifications.

BRAND OR EQUIVALENT

All references to brand names in the specifications shall be interpreted as brand or equivalent.

EXPERIENCE

Bidders shall have similar experience with similar scope of work. Bidders must provide three (3) verifiable references.

SCHEDULE AND COMPLETION REQUIREMENTS

Project Substantial Completion: Work will commence within Ten (10) Calendar Days after receipt of written "Notice to Proceed" and be substantially completed within 45 calendar days from the receipt of the Notice to Proceed. Pursuant to N.J. S.A 40A:11-19, liquated damages in the amount of $1,000.00 may be assessed for the violation of any of the terms of the contract, the failure to perform the contract in accordance with its terms and conditions and/or terms and conditions of N.J.S.A 40A:11-1,et seq.

AS BUILTS DRAWINGS AND OPERATING AND MAINTENANCE MANUALS (IF REQUIRED)

The awarded contractor may be required to provide As-Built Drawings if stated in the technical specifications. The consultant Architect and or Engineer will provide the specification for As-Built drawings if required. The awarded contractor shall provide three copies of the Operating and

Maintenance Manual and two electronic versions of the O&M manual upon Acceptance of the

Project. Payment will not be released until Manuals are turned over to the County Project Manager.

One hard copy and electronic copy shall be forwarded to the Department of Purchasing.

CHANGE ORDERS

All change order requests shall be submitted by the contractor to the Owner’s Representative or

County Project Manager. Changes must be authorized in accordance with N.J.A.C. 5:30-11 et seq, AB2026-41 5

Situations involving the differing or changed conditions described in P. L. 2017, c. 317, N.J.S.A. 40A: 11

16.7 et seq., shall be reviewed and addressed in accordance with said law.

WARRANTIES

As specified in the technical specifications.

NEW JERSEY PREVAILING WAGE ACT AND PUBLIC WORKS CONTRACTOR REGISTRATION ACT

Bidders shall comply and adhere to all requirements of the New Jersey Prevailing Wage Act and Public

Works Contractor Registration Act. The County of Mercer may terminate work if workers are paid less than prevailing wage. P.L. 2021, c. 301 requires a contractor submitting the lowest bid for a contract that is subject to the Prevailing Wage Act, if that bid is 10 percent or more lower than the next lowest bid, to certify to the public body that the prevailing wage rates required by the Act shall be paid. If the bidder does not provide the certification prior to the award of the contract, the public body shall award the contract to the next lowest responsible and responsive bidder.

CERTIFIED PAYROLLS

The awarded contractor shall submit certified payroll records to the County designee within ten (10) days of the payment of wages. The awarded contractor is responsible for obtaining and submitting all subcontractors' certified payroll records within the aforementioned time period to the County designee. It is the contractor's responsibility to obtain any additional copies of the certified payroll form to be submitted by contacting the New Jersey Department of Labor and Workforce Development, Division of Workplace Standards.

NEW JERSEY BUSINESS REGISTRATION

Bidders and named subcontractors shall be registered through the New Jersey Division of Revenue, Department of the Treasury, at the time of or prior to the date for submission of bids. Prior to the contract award, a copy of the New Jersey Business Registration for the General Contractor and any named

Subcontractors must be provided.

RENTED EQUIPMENT OR PROVISION BY THE COUNTY

For rented equipment, an hourly rental rate will be used which will be determined by using the monthly rental rates taken from the current edition of the Rental Rate Blue Book for Construction Equipment and dividing it by 176. An allowance will be made for operating costs for each and every hour the equipment is actually operating in accordance with the rates listed in the aforesaid Rental Book. The contractor will be allowed 65 percent of the rental rate on contractor-owned equipment. The County reserves the right to provide equipment to the awarded contractor.

PRE-CONSTRUCTION AND CONSTRUCTION MEETINGS

The awarded contractor shall report to the County’s representative Engineering and or Architectural firm or the County’s designee to deliver a project that meets the County’s objectives. The Contractor and construction team will report directly to the County’s representative firm. A preconstruction meeting will be scheduled along with weekly or bi-weekly construction meetings or as decided upon by the A/E firm. All communication shall be directed to the County’s Engineering and or Architectural firm and all communication and minutes shall be memorialized and distributed.

PROMPT PAYMENT

In compliance with N.J.S.A. 2A:30A-1 et seq., the County of Mercer shall impose the following payment process:

The County of Mercer shall pay the submitted bill not more than 30 calendar days after the receipt of the bill by the Owner’s Representative if the contractor has performed in accordance with the contract and the work has been approved and certified by the Owner’s Representative. The billing shall be

AB2026-41 6

deemed “approved” and “certified” 20 calendar days after the owner’s representative receives it, unless the Owner’s Representative provides, before the end of the 20-day period, a written statement of the amount withheld and the reason for withholding payment.

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 meeting, submit to the

County for 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 effect at the time the Work is in progress.

2. Certification, Responsibility, and Identification of Personnel. Identify the qualified safety professional responsible for developing the safety program and provide that person's qualifications for developing the safety program including, but not be limited to, education, training, certifications, and experience in developing this type of safety program. Provide a certification, executed by the qualified safety professional that developed the safety program, stating that the safety program complies with the rules, regulations, standards, and guidelines in effect at the time the Work is in progress, of OSHA, and other applicable Federal, State, and local regulatory agencies having jurisdiction.

Identify a safety officer and designate the on-site supervisory-level personnel responsible for implementing and monitoring the safety program until Acceptance and having the authority to take prompt corrective measures to eliminate hazards, including the authority to stop work.

Include documentation of training provided to the on-site supervisory-level personnel. For work that requires a competent person as defined by OSHA, ensure that the person is capable of identifying existing and predictable hazards and has the authority to take prompt corrective measures to eliminate the hazards, including the authority to stop work. Include documentation of the qualifications of such competent persons identified, including certifications received.

3. Elements of the Program. Include information and procedures for the following elements:

a. Chain of Command. Include the responsibilities of the management, supervisor, safety officer, and employees.

b. Traffic Control Coordinator. Include the name and contact information.

c. Environmental Manager. Include the name and contact information.

d. Local Emergency Telephone Numbers. Include police, fire, medical

e. Procedures for Handling Emergencies. Provide guidelines for handling emergencies, including emergency action plans for accidents involving death or serious injury, property damage, fires, explosions, and severe weather. Include the emergency contact information of the Contractor's personnel responsible for handling emergencies.

f. Training Topics. Include regulatory and jobsite toolbox meetings. Include the documentation from the training and an attendance sheet for each.

g. Contractor's Safety Rules. Include housekeeping procedures and personal protective equipment requirements.

h. Employee Disciplinary Policy. Include the violation forms.

i. Safety Checklists. Include project safety-planning, emergency plans and procedures, documentation, and protective materials and equipment.

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j. Forms. Include OSHA 300 Log

k. Security Policy Guidelines. Provide a copy for the County.

l. Hazard Communication Program. Provide the following:

1. The location of and instructions for understanding the MSDS. Ensure that the location and instruction are available to anyone within the Project Limits.

2. The person responsible for the hazard communication program and the method of informing personnel of the hazardous communication program. Include attendance sheets of hazard communication meetings.

3. When performing work that generates airborne crystalline silica, include engineering and work practice controls to limit exposure levels to at or below the permissible exposure limit according to 29 CFR 1910.1000 Table Z-3. Ensure that the program includes employee training and respiratory protection measures according to 29 CFR 1910.134 and control of the area when the permissible exposure limit is exceeded. Provide a trained and competent person, according to 29 CFR 1926.30, within the Project Limits at all times when performing work that produces airborne crystalline silica.

m. Additional Requirements. Provide additional procedures for Project specific topics including:

1. Compressed gas cylinders.

2. Confined spaces.

3. Cranes.

4. Electrical.

5. Equipment operators.

6. Fall protection.

7. Hand and power tools.

8. Hearing conservation.

9. Highway safety.

10. Lead.

11. Lock out/tag out.

12. Materials handling, storage, use, and disposal.

13. Night work.

14. Personal protective equipment.

15. Project entry and exit.

16. Respiratory protection.

17. Sanitation.

18. Signs, signals, and barricades.

19. Subcontractors.

20. Trenching.

The Contractor is responsible for implementing, monitoring, updating, and revising the safety program until

Acceptance. Submit updates and revisions to the safety program to the County for approval when new information, new practices or procedures, or changing site and environmental conditions necessitate modifications to protect site personnel. Maintain a copy of the updated safety program, including the appropriate documentation associated with each element, within the Project Limits so that it is available to workers and other authorized persons entering the Project Limits. Provide program updates to County.

The Contractor is responsible for safety in all aspects, and as set forth in the Insurance and Indemnification

Agreement, shall defend and indemnify the County for any failure or breach to comply with the rules, regulations, standards, and guidelines in effect at the time the Work is in progress, of OSHA, and other applicable Federal, State, and local regulatory agencies having jurisdiction pertaining to the Contractor's safety program.

CHANGE ORDERS:

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All change order requests shall be submitted by the contractor to the Owner’s Representative or

County Project Manager. Changes must be reviewed and authorized in accordance with P. L. 2017,

c. 317, N.J.S.A. 40A: 11-16.7 et seq., as applicable, and N.J.A.C. 5:30– 11 et seq. The following rates shall apply in computing indirect costs and profit for adjustments in situations not involving differing or changed conditions covered by P.L. 2017, c. 317, N.J.S.A. 40A: 11-16.7 et seq. When the contract time is increased as a result of a change, the resulting change in contract amount will include the indirect impact cost of extended performance, computed in accordance with the terms of this article, and no further consideration of such costs arising from the specific modification will be given. The percentages for overhead and profit shall be negotiated and may vary according to the nature, extent and complexity of the work involved. The percentages shall be applicable for deleted work as well as additional work. When a change consists of both added and deleted work, the applicable percentages shall be applied to the net cost or credit. In any event, the percentages shall not exceed the following:

a. Overhead will be the sum of:

(1) 15 percent of direct labor costs. NOTE: For the purpose of this article, the term "direct labor" shall include all foremen, equipment operators and skilled, semi-skilled and common laborers directly assigned to the specified operation. The term "direct labor costs" shall consist of the contract or actual payroll rate of wage per hour and fringe benefits paid for each and every hour that such employees are actually engaged in the performance of the work.

(2) 15 percent of direct material costs. NOTE: For the purpose of this article, the term

"direct material costs" shall consist of the actual costs of the materials including applicable tax and transportation charges.

b. For rented equipment, an hourly rental rate will be used which will be determined by using the monthly rental rates taken from the current edition of the Rental Rate Blue Book for

Construction Equipment and dividing it by 176. An allowance will be made for operating costs for each and every hour the equipment is actually operating in accordance with the rates listed in the aforesaid Rental Book. The contractor will be allowed only 65 percent of the rental rate on contractor-owned equipment. The County reserves the right to provide equipment to the awarded contractor.

c. Bond premiums, insurance, payroll taxes, and travel subsistence, if applicable, will be allowed at actual cost for the equitable adjustment allowed.

d. The prime contractor's profit on the subcontractor's work will be six percent of the subcontractor's costs. Subcontractor indirect costs will be computed in the same manner as for the prime contractor. The prime contractor agrees to incorporate this article in each of its subcontracts. NOTE: When more than one tier of subcontractors exists, for the purpose of markups, they shall be treated as one subcontractor.

e. A profit of six percent, where profit is allowable by the terms of the applicable contract provision, shall be added to the contractor's total cost for the equitable adjustment allowed.

Indirect costs will not be duplicated in direct costs.

f. The General Contractor shall bill unit costs based upon the unit cost proposal provided with the bid.

N.J.S.A 40A:11-16.7 Changed conditions clauses for certain local public contracts

1. All construction contracts issued by a contracting unit for bids which were advertised on or after the effective date of P.L.2017, c.317 (C.40A:11-16.7 et seq.) shall include the changed conditions contract provisions set forth in this section, which provisions shall be deemed to be a part of any such contract even if not expressly incorporated therein, and which provisions may not be modified in any manner by the contracting unit.

AB2026-41 9

a. A contract subject to this section shall include the following differing site conditions provisions:

(1) If the contractor encounters differing site conditions during the progress of the work of the contract, the contractor shall promptly notify the contracting unit in writing of the specific differing site conditions encountered before the site is further disturbed and before any additional work is performed in the impacted area.

(2) Upon receipt of a differing site conditions notice in accordance with paragraph (1) of this subsection, or upon the contracting unit otherwise learning of differing site conditions, the contracting unit shall promptly undertake an investigation to determine whether differing site conditions are present.

(3) If the contracting unit determines different site conditions that may result in additional costs or delays exist, the contracting unit shall provide prompt written notice to the contractor containing directions on how to proceed.

(4)

(a) The contracting unit shall make a fair and equitable adjustment to the contract price and contract completion date for increased costs and delays resulting from the agreed upon differing site conditions encountered by the contractor.

(b) If both parties agree that the contracting unit's investigation and directions decrease the contractor's costs or time of performance, the contracting unit shall be entitled to a fair and equitable downward adjustment of the contract price or time of performance.

(c) If the contracting unit determines that there are no differing site conditions present that would result in additional costs or delays, the contracting unit shall so advise the contractor, in writing, and the contractor shall resume performance of the contract, and shall be entitled to pursue a differing site conditions claim against the contracting unit for additional compensation or time attributable to the alleged differing site conditions.

(5) Execution of the contract by the contractor shall constitute a representation that the contractor has visited the site and has become generally familiar with the local conditions under which the work is to be performed.

(6) As used in this subsection, "differing site conditions" mean physical conditions at the contract work site that are subsurface or otherwise concealed and which differ materially from those indicated in the contract documents or are of such an unusual nature that the conditions differ materially from those ordinarily encountered and generally recognized as inherent in the work of the character provided for in the contract.

b. A contract subject to this section shall include the following suspension of work provisions:

(1) The contracting unit shall provide written notice to the contractor in advance of any suspension of work lasting more than 10 calendar days of the performance of all or any portion of the work of the contract.

(2) If the performance of all or any portion of the work of the contract is suspended by the contracting unit for more than 10 calendar days due to no fault of the contractor or as a consequence of an occurrence beyond the contracting unit's control, the contractor shall be entitled to compensation for any resultant delay to the project completion or additional contractor expenses, and to an extension of time, provided that, to the extent feasible, the contractor, within 10 calendar days following the conclusion of the suspension, notifies the contracting unit, in writing, of the nature and extent of the suspension of work. The notice shall include available supporting information, which information may thereafter be supplemented by the contractor as needed and as may be reasonably requested by the contracting unit.

Whenever a work suspension exceeds 60 days, upon seven days' written notice, either party shall have the option to terminate the contract for cause and to be fairly and equitably compensated therefor.

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(3) Upon receipt of the contractor's suspension of work notice in accordance with paragraph

(2) of this subsection, the contracting unit shall promptly evaluate the contractor's notice and promptly advise the contractor of its determination on how to proceed in writing.

(4)

(a) If the contracting unit determines that the contractor is entitled to additional compensation or time, the contracting unit shall make a fair and equitable upward adjustment to the contract price and contract completion date.

(b) If the contracting unit determines that the contractor is not entitled to additional compensation or time, the contractor shall proceed with the performance of the contract work, and shall be entitled to pursue a suspension of work claim against the contracting unit for additional compensation or time attributable to the suspension.

(5) Failure of the contractor to provide timely notice of a suspension of work shall result in a waiver of a claim if the contracting unit can prove by clear and convincing evidence that the lack of notice or delayed notice by the contractor actually prejudiced the contracting unit's ability to adequately investigate and defend against the claim.

c. A contract subject to this section shall include the following change in character of work provisions:

(1) If the contractor believes that a change directive by the contracting unit results in a material change to the contract work, the contractor shall so notify the contracting unit in writing. The contractor shall continue to perform all work on the project that is not the subject of the notice.

(2) Upon receipt of the contractor's change in character notice in accordance with paragraph (1) of this subsection, the contracting unit shall promptly evaluate the contractor's notice and promptly advise the contractor of its determination on how to proceed in writing.

(3)

(a) If the contracting unit determines that a change to the contractor's work caused or directed by the contracting unit materially changes the character of any aspect of the contract work, the contracting unit shall make a fair and equitable upward adjustment to the contract price and contract completion date. The basis for any such price adjustment shall be the difference between the cost of performance of the work as planned at the time of contracting and the actual cost of such work as a result of its change in character, or as otherwise mutually agreed upon by the contractor and the contracting unit prior to the contractor performing the subject work.

(b) If the contracting unit determines that the contractor is not entitled to additional compensation or time, the contractor shall continue the performance of all contract work, and shall be entitled to pursue a claim against the contracting unit for additional compensation or time attributable to the alleged material change.

(4) As used in this subsection, "material change" means a character change which increases or decreases the contractor's cost of performing the work, increases or decreases the amount of time by which the contractor completes the work in relation to the contractually required completion date, or both.

d. A contract subject to this section shall include the following change in quantity provisions:

(1) The contracting unit may increase or decrease the quantity of work to be performed by the contractor.

(2)

(a) If the quantity of a pay item is cumulatively increased or decreased by 20 percent or less from the bid proposal quantity, the quantity change shall be considered a minor change in quantity.

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(b) If the quantity of a pay item is increased or decreased by more than 20 percent from the bid proposal quantity, the quantity change shall be considered a major change in quantity.

(3) For any minor change in quantity, the contracting unit shall make payment for the quantity of the pay item performed at the bid price for the pay item.

(4)

(a) For a major increase in quantity, the contracting unit or contractor may request to renegotiate the price for the quantity in excess of 120 percent of the bid proposal quantity. If a mutual agreement cannot be reached on a negotiated price for a major quantity increase, the contracting unit shall pay the actual costs plus an additional 10 percent for overhead and an additional 10 percent for profit, unless otherwise specified in the original bid.

(b) For a major decrease in quantity, the contracting unit or contractor may request to renegotiate the price for the quantity of work performed. If a mutual agreement cannot be reached on a negotiated price for a major quantity decrease, the contracting unit shall pay the actual costs plus an additional 10 percent for overhead and an additional 10 percent for profit, unless otherwise specified in the original bid;

provided, however, that the contracting unit shall not make a payment in an amount that exceeds 80 percent of the value of the bid price multiplied by the bid proposal quantity.

(5) As used in this subsection, the term "bid proposal quantity" means the quantity indicated in the bid proposal less the quantities designated in the project plans as "if and where directed."

INSTRUCTIONS TO BIDDERS AND STATUTORY REQUIREMENTS

1. 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 through the BidNet Direct portal. 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.

D. Once bids have been opened, they shall remain firm for a period of sixty (60) calendar days.

E. All prices and amounts must be written in ink or type in. 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.

F. 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:

AB2026-41 12

• 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.

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

• N.J.S.A. 2C:21-34, 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:27-11 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. 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.

J. 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. Additionally, no successful bidder may contract with any subcontractor, who was not named prior to the award of the contract, without the written consent of the County of Mercer. The addition and/or approval of a subcontractor by the County shall not provide any basis for a change order or any increase in cost.

K. 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 the open market and hold the contractor responsible for any excess cost.

L. 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.

M. If the request for proposal involves the use of equipment or machinery, bidder shall submit a list of same owned by the bidder necessary to perform the work being sold.

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

O. 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

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of any injuries or damages received or sustained by any parties, by, or from any acts of the contractor, his servants or agents.

P. 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.

Q. 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.

R. BIDDERS SHALL PROVIDE TRADE SECRET OR PROPRIETARY INFORMATION UNDER SEPARATE COVER

WITH THE BID RESPONSE; HOWEVER, ALL INFORMATION IS PUBLIC AT THE TIME OF THE BID OPENING.

S. SOURCE OF SPECIFICATIONS/BID PACKAGES: Official County bid packages are available only through the County of Mercer. 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 nor is the County responsible to forward addenda to vendors supplied with specifications from a third party. Addenda are forwarded to all plan holders recorded in the County Plan holder Sign-In Sheet and Recorded

Pre-Bid Conference Sign-In Sheet.

T. CAUSES FOR REJECTING BIDS

Bids may be rejected pursuant to N.J.S.A. 40A:11-13.2;

2. INTERPRETATIONS AND ADDENDA

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 (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 acknowledge 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.

CHALLENGE TO SPECIFICATIONS

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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.

3. BRAND NAMES, STANDARDS OF QUALITY AND PERFORMANCE (BIDDING PROPRIETARY SYSTEM)

Brand names and/or descriptions used in these specifications are to acquaint bidders with the types of goods and services desired and will be used as a standard by which goods and services offered as equivalent will be evaluated. Variations between the goods and services described and the goods and services offered are to be fully identified and described by the bidder on a separate sheet and submitted with the bid proposal form. Vendor literature WILL NOT suffice in explaining exceptions to these specifications. In the absence of any exceptions by the bidder, it will be presumed and required that the goods and services as described in the bid specification be provided or performed. It is the responsibility of the bidder to document and/or demonstrate the equivalency of the goods and services offered. The County reserves the right to evaluate the equivalency of the goods and services.

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.

Only manufactured and farm products of the United States, wherever available, shall be used pursuant to N.J.S.A. 40A:11-18. The contractor shall guarantee any or all goods and services supplied under these specifications. Defective or inferior goods shall be replaced at the expense of the contractor.

The contractor will be responsible for return freight or restocking charges.

4. 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.

5. 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.

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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.

6. 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, then the

County shall 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 party(s) will be required to submit all documentation/legal instruments that were required in the original bid/contract. Any change is subject to County approval.

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 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.

7. PAYMENT

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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.

8. 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.

9. 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

10. 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.

11. 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.”

STATUTORY AND OTHER REQUIREMENTS

CONSTRUCTION DOCUMENTS AND BID SPECIFICATIONS

Construction drawings and the title pages of the specifications shall be dated, signed and sealed by the architect or engineer in responsible charge in one of two ways:

1. Sign and date the original documents, including tracings, reproducible drawings or those generated electronically, then affix the seal to opaque prints or reproductions of the originals; or

2. In lieu of signing and dating the original documents, sign, date, and seal the opaque copies of the originals.

All certifications that amend or clarify or modify construction documents prepared by the architect or engineer in responsible charge shall be dated, signed and sealed…