mercer AB2026-44 DUCT CLEANING FOR THE COUNTY OF MERCER AND THE MERCER COUNTY PARK COMMISSION.pdf

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

SPECIFICATIONS FOR BID

DUCT CLEANING FOR THE COUNTY OF MERCER

FOR A PERIOD OF ONE (1) YEAR WITH AN OPTION TO EXTEND ONE (1) YEAR

To Be Received On

August 12, 2026, at 11:30 A.M.

Prepared By:

Department of Purchasing

AB2026-44

AB2026-44 DUCT CLEANING FOR THE COUNTY OF MERCER 2

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

Acknowledgement of Receipt of Addenda

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

Required Evidence EEO/Affirmative Action Regulations Certificate or Questionnaire-

Submit Copy of State Certificate of Employee Information Report -Prior to Contract Award

Proposal Page

Cost Proposal

Disclosure of Investment Activities in Iran Form- Prior to Contract Award

New Jersey Business Registration Certificate –Prior to Contract Award

Certification of Non-Involvement In Prohibited Activities in Russia or Belarus- Prior to

Contract Award

Public Works Contractor Registration Certificate(s) for the Bidder (Prior to Award, but effective at time of bid)

References

Contractor must be able to produce certified lab analysis for the identification of mold, microorganisms, and particulate sampling. Certifications or affiliations MUST be submitted with bid

Copy of employee certification with NADCA, as ASCS AIR SYSTEM CLEANING SPECIALIST

MUST provide Copy of membership of the National Air Duct Cleaners Association (NADCA)

Signed Insurance and Indemnification Requirements

C. Signed Continuity of Operation during Emergencies

Exceptions

C. 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:

AB2026-44 DUCT CLEANING FOR THE COUNTY OF MERCER 3

NOTICE TO BIDDERS

Notice is hereby given that on August 12, 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:

AB2026-42

DUCT CLEANING FOR THE COUNTY OF MERCER

FOR A PERIOD OF ONE (1) YEAR WITH AN OPTION TO EXTEND ONE (1) YEAR

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; 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 prior to the bid opening date and time under the BidNet Portal communication tab. 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.

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.

The County does not release cost estimates. 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

AB2026-44 DUCT CLEANING FOR THE COUNTY OF MERCER 4

SPECIFICATIONS FOR DUCT CLEANING FOR THE COUNTY OF MERCER AND FOR A

PERIOD OF ONE (1) YEAR WITH OPTION TO EXTEND ONE (1) YEAR

INTENT

The County of Mercer requests bids for the provision of cleaning Heating, Ventilation and Air

Conditioning units hereinafter referred to as “HVAC” ducts, air handlers, fans, including all ancillary items and associated equipment (i.e., grills, registers, screens, etc.) for the

Department of Buildings and Grounds, Airport and other County agencies on an as needed basis for a period of one (1) year with an option to extend one (1)year. All questions can be submitted via Bidnet question portal or sent via email to scadet@mercercounty.org by

August 1,2026.

All work must be performed in accordance with the standards issued by:

1. The National Institutes of Health-Office of Research Services-Division of Occupational

Health and Safety-Technical Assistance Branch

2. National Air Duct Cleaners Association

Bidders must be certified members of the National Air Duct Cleaners Association (NADCA) and must have at least one staff employee who is NADCA certified as an ADCA air system cleaning specialist.

Bidders must have a thorough understanding of HVAC duct system cleaning in carrying out the specifications herein. Employees who will be carrying out duct cleaning services must have a minimum of three (3) continuous years’ experience. Bidder’s service truck fleet shall carry sufficient supply of tools, cleaning brushes, cleaning agents and vacuum equipment needed to perform routine duct cleaning service.

Bidders must meet all Federal EPA and OSHA guidelines (If any) in the proper handling and disposal of special waste or contaminated materials generated by services rendered. Refer to the following proposal pages for locations and estimated hours. In the event that additional work is required, the work shall be paid at the awarded contractors rates during regular or after hours as stated in the bid response. The County has provided the locations for work; however, the County reserves the right to add locations if necessary.

Bidders shall be:

• A member of the National Air Duct Cleaners Association (NADCA), with at least one staff employee who is NADCA certified as an Air System Cleaning Specialist

• Provide a roster of staff technicians listing name, years of experience, and field of expertise.

• Contractor must have the staff, equipment, and resources to provide duct-cleaning service to facilities of large commercial square footage. Provide a list of projects of like magnitude and scope of the following types of buildings your firm has serviced.

• Provide number of trucks in the service fleet and how stocked.

• Provide documentation stating your firms’ ownership OR availability of a 35mm or digital camera and a fiber-optic boroscope.

AB2026-44 DUCT CLEANING FOR THE COUNTY OF MERCER 5

• Contractor must be able to produce certified lab analysis for the identification of mold, microorganisms, and particulate sampling. Certifications or affiliations shall be submitted with bid.

PREVAILING WAGE ACT AND PUBLIC WORKS CONTRACTOR REGISTRATION ACT

Contractors shall comply and adhere to all requirements of the New Jersey Prevailing Wage

Act and Public Works Contractor Registration Act. The awarded contractor shall submit a certified payroll record to the County designee for Parks and Buildings and Grounds within ten (10) days of the payment of wages. The contractor is also responsible for obtaining and submitting all subcontractors' certified payroll records within the aforementioned time period.

The contractor shall submit said certified payrolls to the County. 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. All work to be performed shall be in accordance with the Project

Documents, Drawings and Specifications.

THE CONTRACT SHALL COVER BUT NOT BE LIMITED TO:

• All HVAC ducts

• Vacuum activated valve boxes

• Exhaust fan blowers

• Air handlers

• Housings

• Plenums

• Mixing boxes

• Condensate drain pans

• Humidifiers and dehumidifiers

• Fans

• Fan housings

• Filters

• Turning vanes

• Air wash units

• Coils

TECHNICAL SPECIFICATIONS

The Contractor shall be responsible to supply all chemicals, cleaning agents, tools, equipment, supervision, transportation, and all effort necessary to carry out the specifications herein. The project cost is to include all equipment rented and/or owned.

The Contractor shall make available to the County the flexibility to clean ducts not only during business hours, but also after hours, weekends and holidays as needed.

Contractor must have the capability to use photo documentation via a 35mm or digital camera and a fiberoptic boroscope when requested by the County. This will allow verification of duct conditions to be photographed both before and after cleaning. The boroscope shall be used for manual inspections via a hole drilled into the duct should a department require on-site verification of cleaning. Proof of ownership or availability of such equipment must accompany bid package.

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PROJECT WORK AND TIME AND MATERIALS:

Project work shall mean work performed on major projects or major duct cleaning. The contractor assigned to this contract shall work with Karl Thomas, Director of Maintenance

Services phone number 609-649-2022. The contractor shall provide a detailed scope of work for each project including information relative to the Scope of Work, Project start/finish time line, Required Materials, cost of labor and materials which is associated with the cost for each line item defined in the proposal page.

Project pricing shall include everything the contractor anticipates is necessary to complete the job (i.e., permits, rental equipment, materials, chemicals, labor, supervision, transportation, subcontractor costs, mobilization costs, demobilization costs, clean up and material removal costs, etc.) Steam may be also used as a cleaning method for any equipment part as long as the treatment method does not damage any of the equipment, surfaces or material.

Note: all extra work outside the Statement of Work hereinafter referred to as S.O.W. must be in writing. Intake screens, intake and exhaust air louvers, registers, supply and return grills, exhaust grills, and fan housing scrolls shall be vacuumed and/or washed using a non-caustic solution. Bristle or wire brushing may be used, but care must be taken not to scratch painted services. It shall be the Contractors responsibility to remove all grillwork for cleaning, and subsequent reinstallation of same.

Ducts shall be thoroughly vacuumed: top, bottom, and both sides. Ducts utilizing interior insulation shall be vacuumed and inspected for any physical damage. Damage must be reported to the County in writing.

Only HEPA vacuum type units are to be used. Environmental testing may be required in specific cases. Contractor may be required to work in conjunction with environmental specialists as designated by the building maintenance supervisor.

INACCESSIBLE DUCTS

Ducts to small or difficult to access shall be opened by the Contractor. Contractor shall create a service opening in the system to accommodate cleaning. This shall be done only if there are no other alternatives. If opened, the opening shall then be covered by a panel of the same sheet metal gauge installed via screws/tape to ensure no leakage of air. All sheet metal ductwork repairs must follow guidelines established by SMACNA. Flexible duct shall not be opened. Flexible duct shall be disconnected at both ends for proper cleaning.

Supply grilles must have a temporary filter (to be supplied by the Contractor) placed behind to trap contaminants that might be discharged during cleaning. The temporary filters shall remain in place a minimum of one (1) week after Contractor has completed the project. At that time, Contractor shall remove all temporary filters and discards not to be placed into

County trash bins and to be disposed of properly.

Automatic and manual dampers shall be cleaned using same methods as outlined. Any mechanical defects found shall be reported to the County, in writing. All manual dampers shall be reset in the exact position as was prior to cleaning.

AB2026-44 DUCT CLEANING FOR THE COUNTY OF MERCER 7

Vacuum activated valve boxes shall be brushed, vacuumed, and/or washed using a non-caustic solution.

FILTER FRAMES:

Contractor shall remove existing filters and clean all frames using brushing, vacuuming, and/or washing, with non-caustic solution. Any damage found to filter frames should be reported to the County. The County shall make a determination whether the Contractor shall reinstall the old filters or replace with new.

EPA approved sanitizer shall be applied after cleaning to all internal surfaces of HVAC ducts.

All cleaning chemicals and disinfectants should be removed from the HVAC system prior to it being restarted. Environmental concerns shall be reported to the building maintenance supervisor immediately.

Material Data Safety Sheets hereinafter referred to as “MSDS” on all chemicals used must be supplied to the County prior to job start. Additionally, each contractor must submit with their bid package all MSDS sheets for chemicals they plan to use in carrying out the specifications herein.

HVAC coil replacements shall not be the responsibility of Contractor; however, Coil cleaning may be requested as if the County determines it necessary as part of the scope of the project. All service work performed by Contractor shall be to a professional standard, and susceptible to County staff inspection. Documentation, through an audit and feedback systems of contract administration shall be used in this contract, by the County departments.

All maintenance records shall be retained for review for at least five years.

The Contractor shall perform the work in a way to minimize disruption to the normal operation of building tenants through the usage of protection devices (i.e., temporary filters, adjusted ventilation, isolating areas, use of non-caustic materials, etc.). Upon completion of work the

Contractor is responsible for cleaning and removing from the job site all debris, materials, and equipment associated with the work performed. All lock out/tag out rules shall apply cfr part

1910.147.

The Contractor shall provide necessary duct cleaning in such a manner that does not damage County property. In the event damage occurs to Mercer County property, or any adjacent property by reason of any repairs or installations performed under this Contract, the

Contractor shall replace or repair the same at no cost to the County. If damage caused by the Contractor has to be repaired or replaced by the County, the cost of repair for such damage shall be deducted from the fees due the Contractor.

In the event the work performance of the Contractor is unsatisfactory, the Contractor will be notified by the County and be given one day to correct the work. Labor for all re-work will be at no cost to the County.

A background check (and other departmental background checks) will be a requirement for all employees of Contractor's staff providing services to the County. This requirement is essential due to the need to access areas within the County such as detention facilities, court

AB2026-44 DUCT CLEANING FOR THE COUNTY OF MERCER 8

buildings, and many other restricted areas. All Employees may and/or will be required to produce a photo I.D. upon request.

No one except authorized employees of the Contractor are allowed on the premises of

Mercer County Buildings. Contractor's employees are NOT to be accompanied in their work area by acquaintances, family members, assistants, or any other person unless said person is an authorized employee of the Contractor.

Bidders shall be:

• A member of the National Air Duct Cleaners Association (NADCA), with at least one staff employee who is NADCA certified as an Air System Cleaning Specialist

NADCA Membership Certification Number

AIR SYSTEM CLEANING SPECIALIST NAME AND CERTIFICATION NUMBER

• Provide a roster of staff technicians listing name, years of experience, and field of expertise.

• Contractor must have the staff, equipment, and resources to provide duct-cleaning service to facilities of large commercial square footage. Provide a list of projects of like magnitude and scope of the following types of buildings your firm has serviced. Include an attachment if the space below is limited.

• Provide number of trucks in the service fleet and how stocked.

AB2026-44 DUCT CLEANING FOR THE COUNTY OF MERCER 9

• Provide documentation stating your firms’ ownership OR availability of a 35mm or digital camera and a fiber-optic boroscope.

• Contractor must be able to produce certified lab analysis for the identification of mold, microorganisms, and particulate sampling. Certifications or affiliations shall be submitted with bid.

DELIVERY:

It shall be the Contractor’s responsibility to meet the County’s delivery requirements, as called for in the Technical Specifications. Mercer County reserves the right to obtain services on the open market in the event the Contractor fails to make delivery and any price differential will be charged against the Contractor.

AB2026-44 DUCT CLEANING FOR THE COUNTY OF MERCER 10

COUNTY OF MERCER

ACKNOWLEDGMENT OF RECEIPT OF ADDENDA

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: ________________________________________

AB2026-44 DUCT CLEANING FOR THE COUNTY OF MERCER 11

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 as per the notice to bidders.

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. Electronically sealed bids must be uploaded to the BidNet Direct at https://www.bidnetdirect.com/new-jersey/mercercounty 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. 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.

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:

• 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.

AB2026-44 DUCT CLEANING FOR THE COUNTY OF MERCER 12

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.

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

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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.

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.

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

AB2026-44 DUCT CLEANING FOR THE COUNTY OF MERCER 14

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.

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.

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.

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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 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

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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

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

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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 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 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.

j. Forms. Include OSHA 300 Log

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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.

STATUTORY REQUIREMENTS

REQUIRED AFFIRMATIVE ACTION EVIDENCE

No firm may be issued a contract unless they comply with the affirmative action regulations of P.L. 1975,

c. 127, as amended from time to time.

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GOODS AND SERVICES (INCLUDING PROFESSIONAL SERVICES) CONTRACTS

Each contractor shall submit to the public agency, after notification of award but prior to execution of a goods and services contract, one of the following three documents:

• A photocopy of the Federal Letter of Affirmative Action Plan Approval, or;

• A photocopy of a Certificate of Employee Information Report; or

• A photocopy of an Employee Information Report (Form AA302) which is available upon request.

MAINTENANCE/CONSTRUCTION CONTRACTS

After notification of award, but prior to signing the contract, the contractor shall submit to the public agency compliance officer and the Division of Contract Compliance and Equal Employment Opportunity in Public Contracts (Division) an initial project workforce report (Form AA201) provided to the public agency by the Division for distribution to and completion by the contractor, in accordance with N.J.A.C. 17:27-7.

NEW JERSEY WORKER AND COMMUNITY RIGHT TO KNOW ACT

The manufacturer or supplier of chemical substances or mixtures shall label them in accordance with the

N.J. Worker and Community Right to Know Law (N.J.S.A. 34:51 et seq., and N.J.A.C 5:89-5 et seq.,).

Containers that the law and rules require to be labeled shall show the Chemical Abstracts Service number of all the components and the chemical name. Further, all applicable Material Safety Data Sheets (MSDS) and hazardous substance fact sheets must be furnished. All direct use containers shall bear a label indicating the chemical name(s) and Chemical Abstracts Service number(s) of all hazardous substances in the container, and all other substances which are among the five most predominant substances in the container, or their trade secret registry number(s). (N.J.A.C. 8:59-5) or adhere to the requirements of The

Globally Harmonized System of Classification and Labeling of Chemicals (GHS) and the U.S. Occupational

Safety and Health Administration (OSHA) Hazard Communication Standard (HCS) as outlined in the Federal

Register / Vol. 77, No. 58 / Monday, March 26, 2012 / Rules and Regulations as adopted in final rule by

DEPARTMENT OF LABOR, Occupational Safety and Health Administration, 29 CFR Parts 1910, 1915, and 1926, [Docket No. OSHA–H022K–2006–0062, (formerly Docket No. H022K)], RIN 1218–AC20, Hazard

Communication.

C.40A:11-13 SPECIFICATIONS

No Financial Statement shall be required of vendors if either a guarantee, by certified check, cashier’s check or bid bond, or a surety company certificate is also required to be furnished by the bidder, unless any law or regulation of the United States imposes a condition upon the awarding of a monetary grant to be used for the purchase, which condition requires that a financial statement be submitted.

PREVAILING WAGE ACT

Pursuant to N.J.S.A. 34:11-56.25 et seq., contractors on projects for public work shall adhere to all requirements of the New Jersey Prevailing Wage Act. The contractor shall be required to submit a certified payroll record to the owner within ten (10) days of the payment of the wages. The contractor is also responsible for obtaining and submitting all subcontractors' certified payroll records within the aforementioned time period. P.L.