mercer County of Mercer.pdf

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

LOCKSMITH SERVICES AND ASSOCIATED PARTS FOR THE COUNTY OF MERCER FOR A PERIOD

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

To Be Received On September 15, 2026, at 11:30 A.M.

Prepared By:

Department of Purchasing

AB2026-49

COUNTY OF MERCER

BID DOCUMENT CHECKLIST

Required

With Bid

DOCUMENTATION REQUIRED OR REVIEWED

Read, Signed

& Submitted OR will

Comply Bidder’s

Initial A. FAILURE TO SUBMIT ANY OF THE ITEMS WITH YOUR BID IN SECTION A. ARE MANDATORY CAUSE

FOR REJECTION OF BID

Acknowledgement of Receipt of Addenda Statement of Ownership Form

B. SUBMIT ITEMS WITH BID RESPONSE

New Jersey Locksmith License Cost Proposal Proposal Page Three (3) references for similar projects

C. DOCUMENTS REQUIRED PRIOR TO CONTRACT AWARD

New Jersey Business Registration Certificate – Bidder and Subcontractors Certificate of Non-involvement with Russia and Belarus Disclosure of Investment Activities in Iran Form Certification of Non-Debarment for Federal Government Contracts Public Works Contractor Registration Certificate(s) for the Bidder and Designated

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

Prevailing Wage Certification Required Evidence EEO/Affirmative Action Regulations Questionnaire Insurance and Indemnification Requirements Certification of Available Equipment Safety Certification

D. READ/COMPLY ONLY

Americans With Disabilities Act of 1990 Language

This checklist is provided for bidder’s use in assuring compliance with required documentation; however, it does not include all specifications requirements and does not relieve the bidder of the need to read and comply with the specifications.

Bidder Name: Date:

Authorized Representative:

Signature:

Print Name & Title:

NOTICE TO BIDDERS

Notice is hereby given that on September 15, 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:

LOCKSMITH SERVICES AND ASSOCIATED PARTS 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 prior to the bid opening date on the BidNet Direct portal communications 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.

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

SPECIFICATIONS FOR LOCKSMITH SERVICES AND ASSOCIATED PARTS FOR THE COUNTY OF MERCER FOR A PERIOD OF ONE

(1) YEAR WITH AN OPTION TO EXTEND ONE (1) YEAR

INTENT

The County of Mercer seeks services for locksmith services which shall include all associated parts required for the repair, replacement, and/or installation of various types of Locking Devices and/or systems. Vendors shall be actively licensed as required by N.J.A.C. 13:31A-1.1 et seq. and have the training and resources necessary to handle any locksmith service requirements, regardless of size, up to and including full scale comprehensive Access Control and security systems tailored to meet the individual requirements for each department. All questions must be submitted through the Bidnet portal or via email to scadet@mercercounty.org by September 4, 2026.

VENDOR REQUIREMENTS

Vendor’s employees shall be licensed as required by N.J.A.C. 13:31A-1.1 et seq., and have company identification clearly displayed at all Using Agency job sites. Vendor’s vehicles shall have prominently displayed company identification and vendor’s employees shall be fully trained to the skill level necessary to complete the requirements set forth in the specifications. VENDORS MUST SUBMIT COPY OF LICENSE IN BID RESPONSE.

CONTRACT AWARD

The County of Mercer shall award a contract based upon Time and Materials for a period of one (1) year with an option to extend one (year). Contracts shall be awarded to most qualified, responsive and responsible bidder providing the lowest hourly rate for work performed during regular hours.

TYPES OF SERVICES

Vendors shall be trained in technologies and repairs to include, but not be limited to the following:

A. Repairing and removing obstructions from locks.

B. Changing lock combinations.

C. Maintaining a record of combination changes.

D. Programming keypad locksets with names, times, and entry status.

E. Installing new locks.

F. Preparing new or duplicate keys with or without patterns and guides.

G. Repairing and/or replacing doors, Door Jambs, and door closures.

H. Repairing and/or replacing hardware and door opening/closing apparatus.

I . Repairing and/or replacing ADA compliance push bars/key panels/keyless entry

PREVENTATIVE MAINTENANCE

Vendors shall provide Preventative Maintenance services for all door locks and associated equipment upon request.

Preventative Maintenance shall include, but not be limited to; inspecting, cleaning, lubricating, and adjusting all locking hardware components during and after installation. No travel time will be paid.

HOURS OF WORK

Vendor’s Regular Hours shall be Monday through Friday from 7:00 AM to 5:00 PM EST. The Vendor’s Overtime Hours shall be

Monday through Friday from 5:01 PM to 6:59 AM EST as well as Saturdays, Sundays, and Holiday’s as needed. The Vendor may be required to provide Emergency Services at any time of the day or night.

After-Hours, Sunday, and Union Holiday Rates

The County of Mercer shall pay the awarded contractor 1.5 times the hourly rate stated in the bid proposal for approved work performed after hours and Saturday. Approved work performed on Sundays, and union holidays shall be paid 2.0 times the hourly rate stated in the cost proposal.

TIME AND MATERIAL WORK

All quotes for work shall include a detailed proposal. Invoicing must reflect all off-site work and shall be supported by certified payrolls.

DEFINITION OF REGULAR HOURS AND OVERTIME HOURS

Regular hours are defined as any hours worked between 7:00 A.M. and 5:00 P.M., Monday through Friday. Overtime including weekends and holiday hours are defined as any work performed outside of “Regular hours”. The awarded contractors shall be paid 1.5 times their regular rate for overtime, weekends and holidays.

IN THE EVENT WORK BEING PERFORMED WILL EXCEED THE PROPOSAL PROVIDED BY THE

AWARDED CONTRACTOR, THE COUNTY DESIGNEE MUST BE NOTIFIED IN WRITING PRIOR TO

COMMENCEMENT OF ADDITIONAL WORK OR COMPLETION OF PROJECT.

All INCLUSIVE HOURLY LABOR RATE

The County does not guarantee any minimum number of hours and will pay only for the actual number of hours authorized and worked. The all-inclusive hourly rate shall be comprised of all direct and indirect costs including, but not limited to: labor costs, supplies, travel expenses etc. The labor charge shall include all travel. No additional travel time will be honored. The Contractor will sign in and out of each facility and will pay based upon hours worked at each facility

NON-EMERGENCY SERVICE CALLS

Vendors shall physically respond to the required location of all non-emergency service calls within two (2) business days of the initial service request. Vendors shall perform all non-emergency service calls during regular hours unless otherwise requested.

EMERGENCY SERVICE CALLS

Vendors shall physically respond to the designated site requiring service within three (3) hours of notification of an Emergency Service call.

WARRANTY

All parts provided and installed by the contractor as a result of a service call must be covered by the manufacturer’s warranty.

LOCKSMITH QUALIFICATIONS

Vendor shall have two (2) years’ experience in providing Locksmith Services. Please provide three (3) references. A copy of the vendor’s locksmith license MUST be attached.

BIDDERS SHALL BE REGISTERED AS PUBLIC WORKS CONTRACTORS ON THE DATE OF THE BID OPENING.

CONTRACTORS SHALL COMPLY WITH THE PREVAILING WAGE ACT.

HOURLY LABOR RATE

The County does not guarantee any minimum number of hours and will pay only for the actual number of hours authorized and worked.

INVOICING

AWARDED CONTRACTOR SHALL PROVIDE DETAILED INVOICING ITEMIZING HOURS WORKED. MATERIALS SHALL BE BROKEN OUT REFLECTING THE CONTRACTOR'S COST OF MATERIALS AND 10% UPCHARGE. PROOF OF PURCHASE IS REQUIRED TO BE SUBMITTED WITH INVOICING SHALL BE SUPPORTED BY CERTIFIED PAYROLLS.

SIGN-IN SHEETS

The County will control signing in and out. The Contractor will sign in and out of each facility and will be paid based upon actual hours worked at each facility.

MONTHLY REPORTING

The contractor shall provide in writing to the County, a monthly report itemizing the cost of all work or services performed and materials provided. This shall be broken down by each using agency.

HARDWARE/PARTS ASSOCIATED WITH A REPAIR

Vendors should be able to provide locking hardware and associated parts for all repairs and/or services in conjunction with a repair and/or service call. In the event that the Vendor provides locking hardware and associated parts, at NO time shall the Vendor’s markup exceed ten percent (10%) of the Vendor’s cost.

BIDDERS SHALL PROVIDE THE FOLLOWING INFORMATION

NAME OF BIDDER (PRINTED) ___________________________________________________

AUTHORIZED SIGNATURE _____________________________________________________________

NUMBER OF EMPLOYEES _____________________________________________________________

NUMBER OF YEARS IN BUSINESS _______________________________________________________

CHANGE ORDERS

All change order requests shall be submitted by the contractor to the Owner’s Representative or County Project Manager. Changes must be authorized in accordance with N.J.A.C. 5:30-11 et seq. Situations involving the differing or changed conditions described in P. L. 2017, c. 317, N.J.S.A. 40A: 11 16.7 et seq., shall be reviewed and addressed in accordance with said law.

NEW JERSEY PREVAILING WAGE ACT AND PUBLIC WORKS CONTRACTOR REGISTRATION ACT

Bidders shall comply and adhere to all requirements of the New Jersey Prevailing Wage Act and Public Works Contractor Registration Act. The County of Mercer may terminate work if workers are paid less than prevailing wage.

CERTIFIED PAYROLLS

The awarded contractor shall submit a certified payroll record to the owner within ten (10) days of the payment of wages. The awarded contractor is responsible for obtaining and submitting all subcontractors' certified payroll records within the aforementioned time period. The contractor shall submit said certified payrolls to the County Project Manager. 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.

INTERVIEW AND CONTRACT ADMINISTRATION

The County will interview the apparent low bidder prior to the recommendation of award and the awarded contractor shall agree to schedule a contract kick-off meeting to familiarize personnel with the terms and conditions of the contract

PROMPT PAYMENT

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

The County of Mercer shall pay the submitted bill not more than 30 calendar days after the receipt of the bill by the Owner’s Representative if the contractor has performed in accordance with the contract and the work has been approved and certified by the Owner’s Representative. The billing shall be deemed “approved” and “certified” 20 calendar days after the owner’s representative receives it, unless the Owner’s Representative provides, before the end of the 20-day period, a written statement of the amount withheld and the reason for withholding payment.

PROPOSAL PAGE

The undersigned bidder declares that he/she has read the Notice to Bidders, Instructions to Bidders, Affidavits, Specifications and Drawings and that he/she has determined the conditions affecting the bid agrees, if this proposal is accepted, to furnish and deliver the following:

LOCKSMITH SERVICES AND ASSOCIATED PARTS FOR THE COUNTY OF MERCER FOR A PERIOD OF ONE (1)

YEAR WITH AN OPTION TO EXTEND ONE (1) YEAR

The undersigned is a Corporation, Partnership, LLC or Individual under the laws of the State of

___________________ having its principal office at___________________________________

(SIGNATURE OF AUTHORIZED REPRESENTATIVE)

COMPANY ___________________________________________________________

ADDRESS ___________________________________________________________

ADDRESS ___________________________________________________________

NAME ___________________________________________________________

TELEPHONE ___________________________________________________________

FAX ___________________________________________________________

E-MAIL ___________________________________________________________

DATE ___________________________________________________________

COST PROPOSAL

ALL-INCLUSIVE HOURLY RATE

The County of Mercer shall provide a maximum markup of 10% over the supplier’s invoice cost for any system, equipment, supplies, or repair parts. A copy of the supplier’s invoice verifying the contractor’s cost shall accompany all requests for payment for equipment, materials, and supplies.

Purchases should be made at the most favorable rate available to the contractor. The supplier’s invoice must be attached to the payment request. Mercer County will audit invoices during the contract period.

After-Hours, Sunday, and Union Holiday Rates

The County of Mercer shall pay the awarded contractor 1.5 times the hourly rate stated in the bid proposal for approved work performed after hours and Saturdays.

Approved work performed on Sundays and union holidays shall be paid at 2.0 times the hourly rate stated in the bid proposal.

Recognized Holidays

The recognized holidays are:

New Year’s Day Presidents’ Day Memorial Day July 4th Labor Day Veterans’ Day Thanksgiving Day Christmas Day

When a recognized holiday falls on a Sunday, the holiday shall be observed on the following Monday. Veterans’ Day may be substituted for the day after Thanksgiving.

SAFETY PROGRAM:

Observe all rules and regulations of the Federal, State, and local health officials, including regulations concerning construction safety and health standards. At the preconstruction meeting, submit to the County for approval a written safety program that meets or exceeds the minimum requirements of the Contract and applicable State or Federal regulations. Include at a minimum the following:

1. Description. Describe in detail how the safety program is implemented and monitored. Provide guidelines for protecting personnel from hazards associated with Project operations and activities. Establish the policies and procedures for safety practices that are necessary for the Work to be in compliance with the requirements of OSHA and other State and Federal regulatory agencies with jurisdiction, rules, regulations, standards, or guidelines in effect at the time the Work is in progress.

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

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

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

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

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

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

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

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

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

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

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

h. Employee Disciplinary Policy. Include the violation forms.

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

j. Forms. Include OSHA 300 Log

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

l. Hazard Communication Program. Provide the following:

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

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

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

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

1. Compressed gas cylinders.

2. Confined spaces.

3. Cranes.

4. Electrical.

5. Equipment operators.

6. Fall protection.

7. Hand and power tools.

8. Hearing conservation.

9. Highway safety.

10. Lead.

11. Lock out/tag out.

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

13. Night work.

14. Personal protective equipment.

15. Project entry and exit.

16. Respiratory protection.

17. Sanitation.

18. Signs, signals, and barricades.

19. Subcontractors.

20. Trenching.

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

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

CHANGE ORDERS:

All change order requests shall be submitted by the contractor to the Owner’s Representative or County Project Manager. Changes must be reviewed and authorized in accordance with P. L. 2017,

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

a. Overhead will be the sum of:

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

(2) 15 percent of direct material costs. NOTE: For the purpose of this article, the term "direct material costs" shall consist of the actual costs of the materials including applicable tax and transportation charges.

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

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

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

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

Indirect costs will not be duplicated in direct costs.

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

ACKNOWLEDGMENT OF RECEIPT OF ADDENDA

The undersigned Bidder hereby acknowledges receipt of the following Addenda:

Addendum Number Date Received Method of Receipt (Mail, Fax, Etc.)

No addenda were received:

Acknowledged for: __________________________________________ (Name of Bidder)

By: _________________________________________ (Signature of Authorized Representative)

Name: ______________________________________ (Print or Type)

Title: ________________________________________

Date: ________________________________________

INSTRUCTIONS TO BIDDERS AND STATUTORY REQUIREMENTS

1. SUBMISSION OF BIDS

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

B. Bids shall be electronically uploaded, 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.

All prices and amounts must be written in ink. 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 the open market and hold the contractor responsible for any excess cost.

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

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

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

O. The bidder, if awarded a contract, agrees to protect, defend and save harmless the County of

Mercer against any damage for the payment for the use of any patented material process, article or device that may enter into the manufacture, construction or form a part of the work covered by his contract, and he further agrees to indemnify and save harmless the County of Mercer from suits or actions of every nature and description brought against it, for or on account of any injuries or damages received or sustained by any parties, by, or from any acts of the contractor, his servants or agents.

P. Bidder must provide Certificate of insurance in a form and amount acceptable to the County of Mercer including General Liability, Automobile, Workman’s Compensation and such other coverage as may be deemed necessary by the County of Mercer for the work, services or goods being bid.

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

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

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

S. SOURCE OF SPECIFICATIONS/BID PACKAGES: Official County bid packages are available only through the County of Mercer. Potential bidders are cautioned that they are bidding at their own risk if a third party supplied the specifications that may or may not be complete. As such, The County is not responsible for third party supplied specifications nor is the County responsible to forward addenda to vendors supplied with specifications from a third party. Addenda are forwarded to all plan holders recorded in the County Plan holder Sign-In Sheet and Recorded Pre-Bid Conference Sign-In Sheet.

T. CAUSES FOR REJECTING BIDS

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

NJ WORKPLACE ACCOUNTABILITY IN LABOR LIST (WALL)

Any business whose name appears on the WALL is prohibited from public contracting under N.J.S.A. 34:1A-1.16, the law establishing the WALL.

2. INTERPRETATIONS AND ADDENDA

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

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

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

If the amount shown in words and its equivalent figures do not agree, the written words shall be binding.

Ditto marks are not considered writing or printing and shall not be used. In the event that there is a discrepancy between the unit prices and the extended totals, the unit prices shall prevail. In the event there is an error of the summation of the extended totals, the computation by the County of the extended totals shall govern.

CHALLENGE TO SPECIFICATIONS

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

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

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

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

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

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

4. PRICING INFORMATION FOR PREPARATION OF BIDS

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

Estimated Quantities (Open-End Contracts): The County has attempted to identify the item(s) and the estimated amounts of each item bid to cover its requirements; however, past experience shows that the amount ordered may be different than that submitted for bidding. The right is reserved to decrease or increase the quantities specified in the specifications pursuant to N.J.A.C. 5:30-11.2 and 11.10. NO

MINIMUM PURCHASE IS IMPLIED OR GUARANTEED.

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

Bidders shall insert prices for furnishing goods and services required by these specifications. Prices shall be net, including any charges for packing, crating, containers, etc. All transportation charges shall be fully prepaid by the contractor, F.O.B. destination and placement at locations specified by the County.

As specified, placement may require inside deliveries. No additional charges will be allowed for any transportation costs resulting from partial shipments made for the contractor's convenience.

5. METHOD OF CONTRACT AWARD

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

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

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

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

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

6. TERMINATION OF CONTRACT

A. If, through any cause, the contractor shall fail to fulfill in a timely and proper manner obligations under the contract or if the contractor shall violate any of the requirements of the contract, then the County shall have the right to terminate the contract by giving written notice to the contractor of such termination and specifying the effective date of termination. Such termination shall relieve the County of any obligation for balances to the contractor of any sum or sums set forth in the contract.

County will pay only for goods and services accepted prior to termination.

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

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

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

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

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

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

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

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

(30) days written notice to the contractor. Such termination shall relieve the County of any obligation for balances to the contractor of any sum or sums set forth in the contract. County will pay only for goods and services accepted prior to termination.

7. PAYMENT

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

8. TRANSITIONAL PERIOD

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

9. NEW JERSEY SALES TAX

In submitting a bid, the Contractor certifies that the total base bid set forth does not include any New Jersey Sales Tax, and he further certifies that in the event of a successful bid, bidder will only apply for an exemption for materials or supplies to be used in connection with County property.

Contractor’s Exemption Purchase Certificate, Form ST-13, issued by the State of New Jersey Division of Taxation, Sales Tax Bureau, shall be completed and presented to his suppliers for material used to make any permanent change to a County Building on this contract.

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

10. LATE FEE POLICY

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

11. BUDGET SEQUESTRATION

All contracts shall include the following language with regard to automatic spending cuts to United States federal government funding:“ THE CONTRACT AWARD IS CONTINGENT UPON RECEIVING

REQUISITE FEDERAL FUNDING NECESSARY TO COMPLETE THE TERMS OF THE CONTRACT.”

STATUTORY AND OTHER REQUIREMENTS

CONSTRUCTION DOCUMENTS AND BID SPECIFICATIONS

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

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

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

All certifications that amend or clarify or modify construction documents prepared by the architect or engineer in responsible charge shall be dated, signed and sealed prior to forwarding to a public agency. An engineer or architect shall seal bid documents and drawings only with seal presses. Bidding plans and construction plans are one in the same and must be signed and sealed prior to the issuance to prospective bidders.

Specifications shall not reference "pre-approval" or "pre-qualification" of an equivalent product prior to the submission of bids. 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.

Consultants are prohibited from specifying a product line in which such consultant has an affiliation.

As such, there shall be no affiliation between the consultant and product manufacturers referenced in the specifications, nor shall the consultant endorse those companies or manufacturers referenced in the specifications.

MANDATORY AFFIRMATIVE ACTION CERTIFICATION

All successful bidders (goods and services vendors, professional service vendors and construction contractors) are required to submit evidence of appropriate affirmative action compliance to the Division of Public Contracts Equal Employment Opportunity Compliance and the County. During a review, Division representatives will review the County files to determine whether the affirmative action evidence has been submitted by the vendor/contractor. Specifically, each vendor/contractor shall submit to the County, prior to execution of the County contract, the following documents:

The construction contractors shall complete and submit an Initial Project Workforce Report, Form AA-201 upon notification of award. Proper completion and submission of this report shall constitute evidence of the contractor’s compliance with the regulations. Failure to submit this form may result in the contract being terminated.

The contractor also agrees to submit a copy of the Monthly Project Workforce Report, Form AA- 202 once a month thereafter for the duration of the contract to the Division and to the County Compliance Officer. After notification of award, but prior to signing a construction contract the EEO/AA evidence must be submitted. The County shall retain the Affirmative Action evidence in our bid file for review by the Division.

BID WITHDRAWAL FOR PUBLIC WORKS PROJECTS, P.L.2010, CHAPTER 108

PERMISSION FOR BIDDER TO WITHDRAW A BID DUE TO A MISTAKE IN CERTAIN CIRCUMSTANCES N.J.S.A. 40A:11-23.3 authorizes a bidder to request withdrawal of a public works bid due to a mistake on the part of the bidder. A mistake is defined by N.J.S.A. 40A:11-2(42) as a clerical error that is an unintentional and substantial computational error or an unintentional omission of a substantial quantity of labor, material, or both, from the final bid computation. A bidder claiming a mistake under N.J.S.A.

40A:11-23.3 must submit a request for withdrawal, in writing, by certified or registered mail to:

Department of Purchasing 640 S. Broad Street Third Floor Rm 320 PO Box 8068 Trenton, NJ 08650-0068

The bidder must request withdrawal of a bid due to a mistake, as defined by the law, within five business days after the receipt and opening of the bids. Since the bid withdrawal request shall be effective as of the postmark of the certified or registered mailing, the Purchasing Department may contact all bidders, after bids are opened, to ascertain if any bidders wish to, or already have exercised a request to withdraw their bid pursuant to N.J.S.A. 40A:11-23.3.

A bidder’s request to withdraw the bid shall contain evidence, including any pertinent documents, demonstrating that a mistake was made. Such documents and relevant written information shall be reviewed and evaluated by the public owner’s designated staff pursuant to the statutory criteria of N.J.S.A. 40A:11-23.3.

The County will not consider any written request for a bid withdrawal for a mistake, as defined by N.J.S.A. 40A:11-2(42), by a bidder in the preparation of a bid proposal unless the postmark of the certified or registered mailing is within the five business days following the opening of bids.

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 7:1G-1.1 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.

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.