mercer CK09MERCER2026-14 PAVER MILLER PARTS AND REPAIRS.pdf

County of Mercer McDade Administration Building, 640 South Broad Street, Trenton, NJ 08650-0068

SERVICES, REPAIRS, AND PURCHASE OF PARTS FOR ONE (1) WIRTGEN

W 200 FI MILLING MACHINE AND ANNUAL/SEASONAL/SEASONAL

PREVENTIVE MAINTENANCE, SERVICES, REPAIRS, AND PURCHASE OF

PARTS FOR ONE (1) VOGELE SUPER 2000-3I HIGHWAY-CLASS

TRACKED ASPHALT PAVER FOR THE COUNTY OF MERCER AND

THE MERCER COUNTY COOPERATIVE CONTRACT PURCHASING

SYSTEM FOR A PERIOD OF ONE (1) YEAR WITH AND OPTION TO

EXTEND ONE (1) YEAR

To Be Received On

October 13, 2026, at 11:30 A.M.

Prepared By:

Department of Purchasing

CK09MERCER2026-14

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

PROPOSAL

Statement of Ownership Disclosure

Acknowledgement of Receipt of Addenda

B. SUBMIT DOCUMENTS AT TIME OF BID RESPONSE DUE DATE

Proposal Page

Cooperative Purchasing System Conditions

Signed Insurance and Indemnification Requirements

Signed Continuity of Operation during Emergencies

C. SUBMIT PRIOR TO CONTRACT AWARD

New Jersey Business Registration Certificate

Disclosure of Investment Activities Iran Form

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

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

D. READ AND COMPLY 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:

NOTICE TO BIDDERS

Notice is hereby given that on October 13, 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:

SERVICES, REPAIRS, AND PURCHASE OF PARTS FOR ONE (1) WIRTGEN W 200 FI MILLING MACHINE AND

ANNUAL/SEASONAL PREVENTIVE MAINTENANCE, SERVICES, REPAIRS, AND PURCHASE OF PARTS FOR ONE (1)

VOGELE SUPER 2000-3I HIGHWAY-CLASS TRACKED ASPHALT PAVER FOR THE COUNTY OF MERCER AND

THE MERCER COUNTY COOPERATIVE CONTRACT PURCHASING SYSTEM FOR A PERIOD OF ONE (1) YEAR WITH

AND OPTION TO EXTEND ONE (1) YEAR

Sealed bids will be received by the Mercer County Purchasing Agent acting as Lead Agent on behalf of all contracting units located within the geographic boundaries of Mercer County for the Mercer County Cooperative Contract

Purchasing System.

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 before the bid opening date.

During the bid opening process, the bidders will be announced as well as bid total amounts if applicable. 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.

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

REGISTER TO DO BUSINESS WITH THE COUNTY OF MERCER

The County of Mercer is now part of the New Jersey Purchasing Group using BidNet Direct as its electronic bidding service.

All new bid opportunities will now be posted and available on the BidNet website.

REGISTER: https://www.bidnetdirect.com/new-jersey/mercercounty

Need assistance registering on the BidNet platform? Please follow:

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

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

COUNTY CONTRACT PURCHASING SYSTEM

County Cooperative Contract Purchasing is specifically provided for in N.J.S.A. 40A:11-

11(6) and N.J.A.C. 5:34-7.21.

County Cooperative Contract Purchasing is a Cooperative Purchasing System that may be created only by a county. Using only its own needs, the county advertises for the receipt of bids and awards a contract to the successful bidder. With the approval of both Mercer

County and the vendor, contracting units located within the geographic boundary of

Mercer County may purchase under the contract subject to its specifications, terms and conditions.

VENDOR WILL EXTEND CONTRACT PRICES TO THE

"COUNTY COOPERATIVE CONTRACT PURCHASING SYSTEM" PARTICIPANTS

1.

Check here if willing to provide the goods and services herein bid upon to local governmental contracting units located within the County of Mercer without substitution or deviation from specifications, size, features, quality, price or availability as herein set forth. It is understood that orders will be placed directly by the contracting units, subject to the overall terms of the contract to be awarded by the

County of Mercer, and that no additional service or delivery charges will be allowed except as permitted by these specifications.

Check here if not willing to extend prices to contracting units located in the County of Mercer. It is understood that this will not adversely affect consideration of this bid with respect to the needs of the County of Mercer. The contract for the stated needs of the County will be awarded to the lowest responsible bidder, and specifically not made available to contracting units within the County of Mercer.

2.In accord with N.J.A.C. 5:34-7.25 (2),should the lowest responsive and responsible bidder not choose to extend bid prices to local units within the Mercer County Cooperative, the

County of Mercer will seek if the next lowest bidder will be desirous of extending their proposal to local units within the cooperative. In such instances the County of Mercer will award to the lowest responsible bidder for the needs of the County of Mercer and award to the next lowest responsible and responsive bidder extended prices to local units, within the county. This will occur until a suitable willing proposer is desirous of extending prices or the County is without a next lowest bidder desirous of extending pricing.

SPECIFICATIONS FOR SERVICES, REPAIRS, AND PURCHASE OF PARTS FOR ONE (1) WIRTGEN W 200 FI MILLING

MACHINE AND ANNUAL/SEASONAL PREVENTIVE MAINTENANCE, SERVICES, REPAIRS, AND PURCHASE OF PARTS

FOR ONE (1) VOGELE SUPER 2000-3I HIGHWAY-CLASS TRACKED ASPHALT PAVER FOR THE COUNTY OF MERCER

AND THE MERCER COUNTY COOPERATIVE CONTRACT PURCHASING SYSTEM FOR A PERIOD OF ONE (1) YEAR

WITH AND OPTION TO EXTEND ONE (1) YEAR

The County of Mercer requests bid for services, repairs and the purchase of parts for one (1) Wirtgen W200I Mil ling Machine and One (1) Vogele Super 2000-3i Highway Class Tracked Asphalt Paver located at 300 Scotch

Road, West Trenton, NJ 08628. The County will award contracts for a period of one (1) year with an option to extend (one) 1 year. All questions may be submitted via the Bidnet Portal or sent via email imaldonado@mercercounty.org by October 5, 2026.

1.WIRTGEN W200Fi MILLING MACHINE

SCOPE OF WORK

The vendor will provide all certified labor, specialized tools, electronic diagnostic equipment and genuine

OEM parts required for emergency repairs needed during the terms of this contract. In addition, the vendor shall provide a discount off rebuilt or OEM parts when picked up (over the counter) or shipped.

The vendor must have the following available to ensure the repairs of the milling machine:

Certified Technicians: The Contractor shall employ or have available qualified technicians with demonstrated experience servicing Wirtgen milling machines or comparable cold milling equipment. Where manufacturer-specific training or certification is required to properly perform a particular repair, the

Contractor shall provide appropriately trained personnel for that repair.

Parts integrity: Parts shall be new OEM parts Wirtgen parts and recommended fluids.

Diagnostic Software: The Contractor shall maintain and have available the diagnostic equipment and software necessary to properly diagnose, service, calibrate, and repair the Wirtgen W20Fi Milling Machine, including manufacturer-specific diagnostic equipment or software when such equipment or software is necessary to perform a particular repair or diagnostic procedure.

2.VOGELE SUPER 2000-3i HIGHWAY CLASS TRACKED ASPHALT PAVER

SCOPE OF WORK

The vendor shall provide all certified labor, specialized tools, electronic diagnostic equipment and genuine

OEM parts required to execute comprehensive annual/seasonal preventative maintenance and/or repairs needed during the terms of this contract. In addition, the vendor shall provide a discount off OEM parts when picked up (over the counter) or shipped.

NOTE: Any additional repair(s) found during the annual/seasonal preventative maintenance shall be quoted separately listing the repair(s) needed, hours to complete, hourly rate and cost for parts. Quote will be reviewed by Motor Pool Manager and if deemed necessary, a Purchase Order will be generated. Under no circumstances shall these additional repairs be completed without approval and Purchase Order.

Specifications for Annual/Seasonal Preventative Maintenance

Technical Requirements & Service Checklist

• Engine, Fuel & Exhaust Systems (Cummins tier 4f/Stage V Engine) o Fluid Changes: Drain and replace engine oil using manufacturer-approved low-ash lubricant specified for Tier 4f emission platforms.

o Filter Replacement: Install new primary engine oil filters, fuel filters and fuel/water separator elements o DEF & Aftertreatment: Inspect Diesel Exhaust Fluid (DEF) system dosing valves, clean the DEF tank inline filter and scan DPF/SCR systems for logged faults.

o Air Intake & Cooling: Replace both primary and safety engine air filter elements. Pressure clean the multi-part cooling assembly core (engine coolant, charge air, and hydraulic oil coolers) to remove built-up asphalt dust.

• Hydraulic, Splitter Gearbox & Power Transmission Systems o Filter Replacements: Replace hydraulic primary (suction) filters, secondary (return-line) filters and the hydraulic reservoir breather cap.

o EcoPlus Validation: Inspect and test the automated pump-disengagement function of the splitter gearbox when the machine is idling (Vogele EcoPlus feature).

o Gear Box Lubrication: Drain and replace gear oil in the pump splitter gearbox, traction drive crawler gearboxes, conveyor drive gearboxes and auger drive gearboxes.

o Hose Integrity: Check all high-pressure lines for material abrasion, swelling or weeping, prioritizing flexible lines routing to the moving screed tow arms.

• Conveyor & Auger Material Management Systems o Conveyor Assemblies: Inspect dual conveyor drive chains, sprocket wear profiles and floor liner plates. Verify clearance of the narrow conveyor guard.

o Auger Flights: Measure thickness and wear profiles on the 16-inch diameter auger flights.

Verify fluid operation of the Power tunnel hydraulic adjustments.

o Central Lubrication: Verify delivery operation and prime the automated central lubrication blocks serving the outer auger bearing boxes and pivot points.

o Sensors: Clean, test and calibrate the proportional sonic material level sensors controlling conveyor and auger feed rates.

• Undercarriage & Crawler Tracks o Track Tensioning: Inspect and adjust the hydraulic track tensioner spring assemblies to factory nominal specifications.

o Wear Check: Inspect rubber track pads for structural tearing or chunking; verify lifetime lubrication integrity on track rollers, idlers and drive sprockets.

• Screed, Heating & Compaction Systems o Screed Plates: Physically measure plate thickness across main and extending screed sections to gauge remaining structural wear life.

o Electrical Heating: Inspect the direct-drive, oil-cooled generator system, testing electrical insulation resistance, heating elements and thermostat controls.

o Tamper & Vibration: Check eccentric weight fluid levels, inspect bearings and calibrate operational frequency parameters via the proportional displacement pump circuit.

• Parts and materials Specification o OEM Mandate: All filter elements, seals, gaskets and high-wear components must be genuine

Vogele Parts sources through an authorized Wirtgen Group network supplier.

o Lubricants & Fluids: All engine oils, hydraulic oils and specialized gear lubes must adhere to the exact viscosity grades and chemical certifications outlined in the official Vogele Super

2000-3i Operation and Maintenance Manual.

• Vendor Deliverables o Technician Qualifications: Bidders shall submit documentation demonstrating that the technicians assigned to perform the work are appropriately trained and qualified to service

Wirtgen and Vögele equipment, including equipment utilizing Dash-3 operating platforms.

Where manufacturer-specific training or certification is necessary to properly perform a particular repair, the vendor shall provide personnel possessing the applicable training or certification.

o Diagnostic Capabilities: The vendor shall possess and maintain the diagnostic equipment and software necessary to properly diagnose, service, calibrate, and repair the equipment's electronic control systems, including the ErgoPlus 3 operating console and Niveltronic Plus system to extract historical fault codes, adjust software parameters and clear service alerts.

Where proprietary Wirtgen Group diagnostic tools or software are required to perform a specific diagnostic or repair function, the vendor shall have lawful and current access to such tools or software.

o Service Record & Submission: Upon completion of each service or repair, the vendor shall provide the Fleet Manager with a complete service report in both electronic and physical format, documenting, as applicable, fluid changes, component wear measurements, diagnostic findings, fault codes, system health checks, repairs performed, parts installed, and any recommended follow-up repairs or maintenance.

COUNTY OF MERCER

ACKNOWLEDGMENT OF RECEIPT OF ADDENDA

The undersigned Bidder hereby acknowledges receipt of the following Addenda:

Addendum Number Dated Acknowledge

Receipt

(initial)

Acknowledged for: __________________________________________

(Name of Bidder)

By: _________________________________________

(Signature of Authorized Representative)

Name: ______________________________________

(Print or Type)

Title: ________________________________________

Date: ________________________________________

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. 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.

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

E. 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.

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:

• 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.

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 other sources 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. 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.

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 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.

S. 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.

T. 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.

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 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.

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

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.

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.

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.

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.

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.

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

County(s) 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.

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.

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.

STATISTICAL DATA REPORT

If requested, the contractor shall provide in writing to the County, all statistical data reports which identify all goods and or services provided.

NEW JERSEY SALES TAX

In submitting his 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 he is the successful bidder, he 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

LATE FEE POLICY

The County of Mercer pays vouchers bi-weekly, thus vendors, in most cases are paid in less than 30 days, if the vendor has complied by responding promptly with delivery, a signed voucher and an original invoice.

We can pay only for goods and services rendered and late fees and service charges are not appropriated for such purposes. All County employees are reminded that no one is authorized to sign a letter of credit or any other document that represents a legal commitment on the part of the County without a specific authorization from our governing body or through a resolution that grants the same.

All credit applications or similar forms are carefully read in Finance and terms the County does not agree to, are stricken.

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

DEMONSTRATION AND SAMPLE

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

MANUFACTURERS’ NAMES

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

AWARD/REJECTION

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

AVAILABILITY OF FUNDS

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

MULTIPLE BIDS NOT ALLOWED

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

FAILURE TO ENTER CONTRACT

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

INQUIRIES

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

Purchasing at (609) 989-6710.

COMMUNICATIONS AFTER THE BID OPENING

It is highly improper for a bidder after bid opening to contact any representative of the County of

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

INDEX RATE

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

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

W-9

Successful bidder/respondent shall complete A W-9 Form and submit to the Purchasing Department prior to the contract award. The form is available at the following link: www.irs.gov/pub/irs-pdf/fw9.pdf

INVOICING

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

SAFETY PROGRAM:

Observe all rules and regulations of the Federal, State, and local health officials, including regulations concerning construction safety and health standards. At the preconstruction 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

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.

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. 34:5A-1 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 County of Mercer may terminate work if workers are paid less than prevailing wage. The contractor is also responsible for obtaining and submitting all subcontractors' certified payroll records within the aforementioned time period. P.L. 2009, c.249 (A-4268/S-

3095): Extends prevailing wage requirements to contracts for “maintenance-related projects” over $50,000. 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. Additional information is available at:

http://lwd.dol.state.nj.us/labor/forms_pdfs/lsse/payrollcert.pdf and as follows:

Public Contracts Section

Office of Wage and

Hour Compliance

CN 389

Trenton, New Jersey 08625-0389

Telephone number: (609) 292-2259

THE PUBLIC WORKS CONTRACTOR REGISTRATION ACT

N.J.S.A. 34:11-56.48 et seq. requires that a general or prime contractor and any listed subcontractors named in the contractor’s bid proposal shall possess a certificate at the time the bid proposal is submitted. After bid proposals are received and prior to award of contract, the successful contractor shall submit a copy of the contractor’s certification along with those of all listed subcontractors. All non-listed subcontractors and lower tier sub-subcontractors shall be registered prior to starting work on the project. It is the general contractor’s responsibility that all non-listed sub-contractors at any tier have their certificate prior to starting work on the job.

PAY TO PLAY

Starting in January, 2007, business entities are advised of their responsibility to file an annual disclosure statement of political contributions with the New Jersey Election Law Enforcement Commission (ELEC) pursuant to N.J.S.A. 19:44A-20.27 if they receive contracts in excess of $50,000 from public entities in a calendar year. Business entities are responsible for determining if filing is necessary. Additional information on this requirement is available from ELEC at 888-313-3532 or at www.elec.state.nj.us.

PROMPT PAYMENT OF CONSTRUCTION CONTRACTS P.L. 2006, C. 96

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 County if the vendor has performed in accordance with the contract and the work has been approved and certified by the County. The billing shall be deemed “approved” and “certified” 20 calendar days after the owner receives it, unless the County provides, before the end of the 20-day period, a written statement of the amount withheld and the reason for withholding payment.

PROCESS OF ALTERNATE DISPUTE RESOLUTION

Contract documents entered into in accordance with the provisions of P.L.1971, c.198 (C.40A:11-1 et seq.) after the effective date of P.L.1997, c.371 (C.40A:11-50) shall provide that disputes arising under the contract shall be submitted to a process of resolution pursuant to alternative dispute resolution practices, such as mediation, binding arbitration or non-binding arbitration pursuant to industry standards, prior to being submitted to a court for adjudication. It is understood that the

County of Mercer shall have the right to request mediation if services being provided are deemed deficient in any way.

SOLID WASTE CONTRACT P.L. 2009, c. 88 The law requires the contractor (or any subcontractor) to keep records and file with the public agency a wage payment report for employees under the contract that are engaged in solid waste or recyclable “collection and transportation.”

PRICE ADJUSTMENT FOR ASPHALT CEMENT AND FUEL P.L. 2009, c.187

APPLIES TO CONSTRUCTION BIDS

Effective with contracts executed after May 1, 2010, the law follows procedures used by the State

Dep…