It Request For Proposals - September 11th, 2008

THE TOWNSHIP OF EWING MERCER COUNTY, NEW JERSEY

REQUEST FOR PROPOSALS COMPETITIVE CONTRACTING

NETWORK SUPPORT AND IT SERVICES

September 11, 2008

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1.

PROPOSAL Proposers are cautioned to read all pertinent instructions and provide all necessary documentation required for the proposal. A.

Proposals must be enclosed in a sealed opaque envelope with the name of the Proposer and the name of the project marked on the outside as follows: To:

Township of Ewing Attn: Clerk’s Office 2 Jake Garzio Drive Ewing, NJ 08628

Proposal for Network Support and IT Services Submitted by: (Name of Proposer) B.

Submission and opening of proposals. Time: Hour: 2:00 P.M. Date: September 11, 2008 Place: Council Room Township of Ewing 2 Jake Garzio Drive Ewing, NJ 08628

2.

AWARD OF CONTRACT

The Township intends to award a competitive contract to a Proposer whose proposal complies with the RFP and is ranked highest among all vendors by the Township, pursuant to N.J.S.A. 40A:11-4.1 et seq., the statute regarding Competitive Contracting. The Township’s methodology will be based on an evaluation of criteria, a weighting of those criteria and a ranking of Proposers. A committee will conduct this evaluation. 3.

SCOPE OF WORK

A. Summary of required work: A survey of the environment found issues related to the management, organization, and protection of the Township and Police Department data. Although file servers exist, most data is stored on local computers and is not backed up. The data that is stored on servers is, for the most part, not backed up. Internal network security is not properly implemented. The successful Proposer shall develop and implement a plan to remedy the basic network infrastructure and protect the Township and Police, including provision of local anti-virus and firewall solutions industry standard secured local area network, with centralized data that is backed up to tape, login IDs and passwords.

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B. The Contractor shall: 1. Obtain server hardware quotes, review pricing for alternative firewalls, meeting with IT employee. 2. Obtain information on voice logging recorder vendor and IACP Net annual costs. Compare similar costs with other agencies. 3. Make recommendation to continue with existing vendors or change vendors to lower cost. 4. Connect police computers to domain server, centralize data, initiate data backup procedures, and install server based anti-virus software in the PD. 5. Police data server: Enter users-passwords, user folders for data, test tape drive, and install upgraded Backup Exec software with SQL agent. Install Symantec End-Point protection server software, enter username, passwords, setup shares and roaming profiles. 6. Install Windows Server operating system on new servers, set up domain. Review existing software licensing. Add workstations to domain, 66 computers. Consolidate all Township SQL applications on one server and update SQL Server software to SQL 2005, make active directory controller. 7. Stabilize existing infrastructure. Ensure that all updates, patches, service packs and security and operating system upgrades are installed. Implement systems to support IT security policies. Review and update software licensing 8. Make recommendations for replacement of equipment that is no longer serviceable. The Township will make all equipment and software purchases in order to insure compliance with the Local Public Contracts Law. 4.

INSURANCE

A. Unless required otherwise in the specifications, the successful Proposer will be required to purchase and to maintain during the life of the contract liability insurance policies which name the Township of Ewing as an additional insured, and shall be required to provide certificates of insurance to the Township to indicate such coverage; copies of the actual policies or policy endorsement may also be requested by the Township. Any such certificates shall provide that the Township shall be given at least 30 days prior written notice of any cancellation of, intention not to renew, or material change in such insurance coverage. B. The Contractor will obtain insurance covering the liability of the Contractor as an employer under the Workers’ Compensation Act of the State of New Jersey, and covering all other liability of the Contractor as an employer of officers, employees, and independent contractors in connection with the collection and accounting of fees from insurance companies for emergencymedical services and ambulance-transport services provided by the Townships. 5.

LAWS AND REGULATIONS

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The Contractor shall observe and comply with any and all requirements of all Federal, State and local statutes, ordinances, regulations and standards applicable to the Contractor. 6.

INDEMNITY

By submitting a proposal, a Proposer agrees that, if it is the successful Proposer, it will indemnify and hold the Township of Ewing harmless from and against all liability and expenses, including attorneys’ fees, howsoever arising or incurred, alleging damage to property or injury to or debt to any person arising out of or attributable to the Proposer's performance or non-performance of the contract awarded, or arising out of the Proposer's non-compliance with prevailing wage laws, the Americans With Disabilities Act and any federal or state occupational safety or health legislation or regulation. 7.

FACILITY INSPECTION

Prospective vendors may inspect the Township’s technology assets. Companies must be accompanied by Township personnel. Contact David Thompson at 609-883-2900, ext. 7605 to arrange a tour. Tours will not be conducted after September 5, 2008. 8.

ITEMS TO BE INCLUDED IN THE PROPOSAL RESPONSE PACKAGE A . General

The proposer must follow instructions contained in this RFP and in the proposal cover sheet in preparing and submitting its proposal. The proposer is advised to thoroughly read and follow all instructions. The information required to be submitted in response to this RFP has been determined to be essential in the proposal evaluation and contract award process. Any qualifying statements made by the proposer to the RFP’s requirements could result in a determination that the proposal is materially non-responsive. Each proposer is given wide latitude in the degree of detail it elects to offer or the extent to which plans, designs, systems, processes and procedures are revealed. Each proposer is cautioned, however, that insufficient detail may result in a determination that the proposal is materially non-responsive or, in the alternative, may result in a low technical score being given to the proposal. Any questions concerning this RFP must be presented in writing by close of business September 5th, 2008 to: David W. Thompson, Business Administrator Township of Ewing 2 Jake Garzio Drive Ewing, NJ 08628 All answers will be sent to those companies that have received RFP’s. B.

Form of Submission

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The Proposal must be enclosed in a sealed opaque envelope, plainly marked on the outside with the name of the Proposer, the name of the project, and the nature of the work as follows: “Proposal for Network Support and IT Services, Township of Ewing.” Any proposal received after the time and date specified for the opening of proposals will not be considered. Please submit the original and six (6) copies of the Proposal. The Township may consider as informal any Contractor’s Proposal in which there is an alteration of or departure from or additions to or qualification of the form of Proposal attached hereto, or from the Instructions to Suppliers or from any of the other Contract Documents. C.

Proposal Content

The supporting material shall consist of the following items; each proposer may elect to supply additional information germane to this advertisement: • • • • • • • • •

NEW JERSEY BUSINESS REGISTRATION CERTIFICATE PROJECT REFERENCES PROPOSAL RESPONSE FORM FINANCIAL INFORMATION OWNERSHIP DISCLOSURE STATEMENT REFERENCES NON-COLLUSION AFFIDAVIT AFFIRMATIVE ACTION EMPLOYEE INFORMATION REPORT CAMPAIGN CONTRIBUTION DISCLOSURE REQUIREMENT

The proposer’s attention is directed to Attachment A General Instructions for additional requirements and terms and conditions. D.

Technical Proposal

The proposer shall describe its approach and plans for accomplishing the work outlined in the Scope of Work section of this RFP. The proposal must set forth its understanding of the requirements of this RFP and its ability successfully to complete the contract. This section of the proposal shall contain at least the following information: E.

Management Overview

The proposer shall set forth its overall technical approach and plans to meet the requirements of the RFP in a narrative format. This narrative should convince the Township that the proposer understands the objectives that the contract is intended to meet, the nature of the required work and the level of effort necessary to successfully complete the contract. This narrative should convince the Township that the contractor’s general approach and plans to undertake and complete the contract are appropriate to the tasks and subtasks involved. Mere reiterations of RFP tasks and subtasks are strongly discouraged as they do not provide insight into the contractor’s ability to complete the contract. The contractor’s response to this section should be designed to convince the Township that the contractor’s detailed plans and approach proposed to complete the Responsibilities of the Contractor are realistic, attainable, and appropriate and that the bidder’s proposal will lead to successful contract completion. 5

E.

Organizational Support and Experience

The Proposer must have experience installing and servicing / security clearance with the following: NJ Criminal Justice Information System (CJIS) Police CAD/RMS systems Mobile Data Systems (InfoCop) Mug Shot System (Dynamic Imaging 9-1-1 Dispatch Operations The Proposer shall include information relating to its organization, personnel, and experience, evidencing the bidder’s qualifications, and capabilities to perform the services required by this RFP. An organizational chart setting forth the staffing recommended and necessary for the satisfactory completion of the contract shall be included in this section of the proposal. The chart shall include names showing management and supervisory personnel to be assigned to the contract Detailed resumes must be submitted for all personnel to be assigned to this contract. Resumes must be structured to emphasize relevant qualifications and experience of these individuals in successfully completing contracts of a similar size and scope to those required by this RFP. F.

Experience of Bidder on Contracts of Similar Size and Scope

The proposer shall provide a comprehensive listing of contracts of similar size and scope that it has successfully completed. Emphasis should be placed on contracts that are similar in size and scope to those required by this RFP. A description of all such contracts must be included and must show how such contracts relate to the ability of the firm to complete the services required by this RFP. For each contract, provide the name and telephone number of a contact person for the other contract party. Beginning and ending dates must also be given for each contract. G.

Financial Statements

Prior to contract award, the Township may require that a copy of your company’s Annual Audit or Financial Statement be submitted for review. H.

Price

The proposer shall use the attached pricing sheet for submission of its cost proposal. 9.

PROPOSAL EVALUATION/AWARD OF CONTRACT A.

Proposal Evaluation Committee

Proposals shall be evaluated by an Evaluation Committee composed of employees of the Township. On occasion, the Evaluation Committee may choose to make use of the expertise of outside consultants in an advisory role. B.

Evaluation Criteria

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The Township intends to award a competitive contract to a Proposer whose proposal complies with the RFP and is ranked highest among all vendors by the Township, pursuant to N.J.S.A. 40A:11-4.1 et seq., the statute regarding Competitive Contracting. The Township’s methodology will be based on an evaluation of criteria, a weighting of those criteria and a ranking of Proposers. A committee will conduct this evaluation. C.

Township’s Methodology for Evaluation and Ranking Proposals 1. There are three (3) major Sections of criteria: (1) management; (2) technical; and (3) cost related. 2. Evaluation and Weighting of Criteria (a) The Township has assigned a weight to be accorded to each of the three (3) major Competitive Contracting sections. Also, the Township has assigned a relative value to each specific item of criteria under each Section. The committee and its consultants will review and assess how well each proposal, in reference to each specific item of criteria within each major section, meets the Township’s needs for this project. i.

The proposal will first be evaluated based on the items of specific technical and management criteria.

ii.

After the proposal is evaluated in light of the technical and management criteria, the committee will assess the proposal in light of the cost related criteria.

(b) After the three (3) major Sections have been reviewed and evaluated, then the cost related portion will be weighted against the technical and management sections. 3.

D.

Ranking After evaluating and weighting the foregoing, the committee will rank the Proposer based upon which proposal is most advantageous to the Township, price and other factors considered.

Technical Criteria

The following evaluation criteria categories, not necessarily listed in order of significance, will be used to evaluate proposals received in response to this RFP. The evaluation criteria categories may be used to develop more detailed evaluation criteria to be used in the evaluation process. At the time the proposals are opened, the Township will provide notice to the proposers of the weight assigned to each of the evaluation criteria. • The proposer’s general approach and plans in meeting the requirements of this RFP. • The proposer’s detailed approach and plans to perform the services required under this RFP. 7

• The proposer’s documented experience both negative and positive in the successful completion of contracts of a similar size and scope to those required by this RFP. • The qualifications and experience of the proposer’s management, supervisory, or other key personnel assigned to the contract, with the emphasis on documented experience in successfully completing work on contracts of similar size and scope to those required by this RFP. • The overall ability of the proposer to mobilize, undertake, and successfully complete the contract. The evaluation will include, but not be limited to, the following factors: the services proposed and included within the fee, the number and qualifications of management, supervisory, and other staff proposed to complete the contract; the availability and commitment to the contract of the bidder’s management, supervisory, and other staff proposed; and the proposer’s management plan. • The price proposal. Whether the bidder is a New Jersey based company and can respond to any municipal complaint or concern within the time limits specified. 10.

AWARD OF CONTRACT

A. The Township will award the contract within 60 days of the receipt of the proposals, except that the proposals of any vendors who consent thereto, may, at the request of the Township, be held for consideration for such longer period as may be agreed. B. The successful Proposer (also referred to hereinafter as “Contractor”) shall be notified by a Notice of Award sent by the Township. Within ten (10) calendar days after receipt of said Notice, the successful vendor shall execute and deliver to the Township the Contract, Bonds, evidence of insurance and any other documents required in these instructions and the RFP. If the successful vendor fails to do so, the Township may elect to recover from that vendor damages caused to it by such failure. C. The contract shall be awarded with reasonable promptness by written notice to that responsible proposer whose proposal, conforming to the invitation for proposals, will be the most advantageous to the Township, price and other factors considered. N.J.S.A. 40A:11-6.1. The Township reserves the right to reject any and all Proposals for any reason pursuant to N.J.S.A. 40A:11-13.2 or to waive any informality in any Proposal whenever such rejection or waiver is in the interest of the Township. 11.

CONTRACT A.

Contract Term.

The contract shall be for a term of one year from the date of award of the Contract. B.

Termination of This Agreement. 8

This Agreement may be terminated by the Township with cause upon delivery of thirty (30) days written notice. Cause shall be defined as: Failure to provide documentation needed to fulfill the terms outlined. Failure to provide services as specified. Failure to abide by any of the provisions/responsibilities as specified. Upon receipt of the written notice of termination, the Contractor shall have ten (10) business days to correct the situation to avoid cancellation. If corrective action is not taken to the satisfaction of the Township, the original stated cancellation date shall apply. Upon termination of this Agreement, final reconciliation shall be completed within ten (10) days of the termination date with any amounts owed submitted within ten (10) days of the completed reconciliation. C.

Payment

Payments will be made to the Contractor on a monthly basis upon the submission of a Township voucher which shall be accompanied by a report summarizing the Contractor’s activities for the month. D.

Misinterpretation of Contract Documents

The successful Proposer shall make no claim for additional payment or other concession because of any misinterpretation or misunderstanding of the contract documents on its part or because of any failure to fully acquaint itself with any condition or provision of the contract documents.

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TOWNSHIP OF EWING NETWORK SUPPORT AND IT SERVICES THIS PROPOSAL IS SUBMITTED BY________________________________________________WHOSE Name of Proposer ADDRESS IS____________________________________________________________________, THE PROPOSER, IN SUBMITTING THIS DOCUMENT AND THE ATTACHED MATERIAL, AS REQUIRED, HEREBY ACKNOWLEDGES THAT IT HAS READ AND UNDERSTOOD THE PROPOSAL PACKAGE, TERMS AND CONDITIONS AND ALL OTHER PARTS OF THIS ADVERTISEMENT AND HEREBY AGREES IN FULL ACCORDANCE WITH THE PROVISIONS HEREOF, TO PROVIDE NETWORK SUPPORT AND IT SERVICES TO THE TOWNSHIP OF EWING. FEE FOR SERVICES THE CONTRACTOR’S FEES UNDER THIS CONTRACT SHALL BE AS FOLLOWS:

$________________________

_____________________________________ Company Signature

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NON-COLLUSION AFFIDAVIT STATE OF NEW JERSEY: COUNTY OF ___________________________: I, _______________________ of the Municipality of _______________________ in the County of ______________________, State of ____________________________, being duly sworn according to law on my oath depose and say that: I am _____________________________of the firm ________________________________, the bidder submitting the Bid Response for this project; that I executed the Bid Response with full authority to do so; that bidder has not, directly or indirectly, entered into any agreement, participated in any collusion or otherwise taken any action to restrain or influence the competitive bidding process in connection with this project; that all statements contained in the Bid Response and in this affidavit are true and correct and made with full knowledge; that the State of New Jersey and the Township relies upon the truth of the statements contained in the Bid Response and in this affidavit in awarding this contract for the project described herein. I further warrant that no person, organization, or agency has been employed or retained by this bidder to solicit or secure a contract based upon any agreement or understanding verbal, written, or otherwise for a commission, percentage, brokerage or contingent fee, except bona fide employees or bona fide established commercial interests that are a party to, and a participant in, this Agreement. This statement is made in full recognition of the laws of the State of New Jersey and pursuant to N.J.S.A. 52:34-15. __________________________________________ Title Sworn to and subscribed before me this day of , 20__. _________________________________ Notary Public of My Commission expires

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Attachment A General Instructions To Bidders

I. SUBMISSION OF PROPOSALS A. The Township of Ewing, Mercer County, New Jersey invites sealed proposals pursuant to the Notice to Bidders. B. Sealed proposals will be received by the designated representative at the time and place in the Notice to Bidders, and at such time and place will be publicly opened and read aloud. C. The proposal form shall be submitted in a sealed envelope: (1) addressed to the Township of Ewing, (2) bearing the name and address of the bidder written on the face of the envelope, and (3) clearly marked “PROPOSAL” with the contract title. Submit an original and four (4) copies. D. It is the bidder’s responsibility to see that bids are presented to the Township of Ewing on or before the hour and at the place designated. Bids may be hand delivered or mailed; however, the Township of Ewing disclaims any responsibility for bids forwarded by regular or overnight mail. If the bid is sent by overnight mail, the designation in section C, above, must also appear on the outside of the delivery company envelope. Bids received after the designated time and date will be returned unopened. E. Sealed bids forwarded to the Township of Ewing before the time of opening of bids stated in the Notice to Bidders may be withdrawn upon written application of the bidder who shall be required to produce evidence showing that the individual is or represents the principal or principals involved in the bid. Once bids have been opened, they shall remain firm for a period of sixty (60) calendar days. F. All prices and amounts must be written in ink or preferably typewritten. 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 Township of Ewing. Any changes, white-outs, strike-outs, etc. in the bid must be initialed in ink by the person responsible for signing the bid. G. Each proposal form must give the full business address of the bidder and be signed by an authorized representative. 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 or limited liability company must be signed in the legal name of the corporation or the limited liability company, followed by the name of the State in which incorporated or formed and must contain the signature and designation of the president, secretary or other person authorized to bind the corporation in the matter. When requested, satisfactory evidence of the authority of the officer signing shall be furnished. H.

Unless otherwise stated in the specifications, bidders must insert prices for furnishing all of 12

the materials and/or labor required by these specifications. Prices shall be net, including any charges for packing, crating, container, etc. All transportation charges shall be fully prepaid by the contractor F.O.B. destination and placement at locations specified by the Township of Ewing. As specified, placement may require inside deliveries. No additional charges will be allowed for any transportation costs resulting from partial shipment made at the contractor’s convenience. The vendor shall guarantee any or all materials and services supplied under these specifications. Defective or inferior items shall be replaced at the expense of the vendor. In case of rejected materials, the vendor will be responsible for return freight charges. II. BID SECURITY Not required. III. INTERPRETATION AND ADDENDA A. The bidder understands and agrees that its proposal is submitted on the basis of the specifications prepared by the Township of Ewing. The bidder accepts the obligation to become familiar with these specifications. B. 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 Officer. In the event the bidder fails to notify the Township of Ewing of such ambiguities, errors or omissions, the bidder shall be bound by the bid. C. 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 Officer. In order to be given consideration, written requests for interpretation must be received at least five (5) days prior to the date fixed for the opening of the proposals. 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 N.J.S.A. 40A: 11-23. All addenda so issued shall become part of the contract documents, and shall be acknowledged by the bidder in the bid. The Township of Ewing’s interpretations or corrections thereof shall be final. D.

Discrepancies in Bids 1. If the amount shown in words and its equivalent in figures do not agree, the written words shall be binding. Ditto marks are not considered writing or printing and shall not be used. 2. 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 Township of Ewing of the extended totals shall govern.

IV. INSURANCE AND INDEMNIFICATION A.

INSURANCE REQUIREMENTS 1. Worker’s Compensation and Employer’s Liability Insurance 13

This insurance shall be maintained in force during the life of the contract by the bidder covering all employees engaged in performance of the contract in accordance with the applicable statute. Minimum Employer’s Liability $2,000,000. 2. General Liability Insurance This insurance shall have limits of not less than $1 ,000.000 any one person and $2,000,00 any one accident for bodily injury and $500,000 aggregate for property damage, and shall be maintained in full force during the life of the contract by the bidder. 3. Automotive Liability Insurance This insurance covering bidder for claims arising from owned, hired and non-owned vehicles with limits of not less than $1,000,000 any one person and $2,000,000 any one accident for bodily injury and $500,000 each accident for property damage, shall be maintained in full force during the life of the contract by the bidder. B.

CERTIFICATES OF THE REQUIRED INSURANCE

Certificates as listed above shall be submitted with the fully executed contract as evidence covering Comprehensive General Liability, Comprehensive Automobile Liability, and where applicable, necessary Worker’s Compensation and Employer’s Liability Insurance. Such coverage shall be with an insurance companies operating on an admitted basis in the State of New Jersey and shall name the Township of Ewing as an additional insured. C.

INDEMNIFICATION

Successful bidder agrees to indemnify and hold the Township of Ewing, its officials, employees and agents harmless from any and all liability or expense, including costs of defense, resulting from any action at law related to any duty or responsibility imposed upon the Contractor relating to the services contained herein, provide that such action results from the negligent of the Contractor, or any of its agents, and/or from circumstances where the Contractor servants or any of its agents, has acted outside the scope of their duties or contrary to law. V. STATUTORY AND OTHER REOUIREMENTS A.

Mandatory Affirmative Action Certification

No firm may be issued a contract unless it complies with the affirmative action regulations of N.J.S.A. 10:5-31 et seq. (P.L. 1975, c.127). 1. Procurement, Professional and Service Contracts All successful vendors must submit, within seven days after the receipt of the notice of intent t award the contract or the receipt of the contract, one of the following: i.

A photocopy of a valid letter for an approved Federal Affirmative Action Plan (good for one year from the date of the letter); or 14

ii. A photocopy of an approved Certificate of Employee Information Report, or iii. If the vendor has none of the above, the public agency is required to provide the vendor with an initial Affirmative Action Information Report (AA-302). 2. Construction Contracts All successful contractors must submit within three days of the signing of the contract an Initial Manning Report (AA2OI — available upon request from the State’s Affirmative Action Office) for any contract award that meets or exceeds the bidding threshold. B.

Americans with Disabilities Act of 1990

Discrimination on the basis of disability in contracting for the purchase of bids and services is prohibited. The successful bidders is required to read Americans With Disabilities language that is part of this specification and agree that the provisions of Title II of the Act are made a part of the contract. The successful bidder is obligated to comply with the Act and to hold the Township of Ewing harmless. C.

Prevailing Wage Act (When Applicable)

Pursuant to N.J.S.A. 34:11-56.25 et seq. successful bidders on projects for public works 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 Township of Ewing 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. The contractor shall submit said certified payrolls in the forth in N.J.A.C. 12:60-6.1(c). It will be the contractor’s responsibility to obtain any additional copies of the certified payroll form to be submitted by contacting the Office of Administrative Law, CN 049, Trenton, New Jersey 08625 or the New Jersey Department of Labor, Division of Workplace Standards. If applicable, the contractor MUST submit with their bid a current Public Works Contractor Certificate. D.

Stockholder Disclosure

Chapter 33 of the Public Laws of 1977 provides that no corporation or partnership shall be awarded any contract for the performance of any work or the furnishing of any materials or supplies, unless, prior to the receipt of the bid or accompanying the bid of said corporation or partnership, there is submitted a statement setting forth the names and addresses of all stockholders in the corporation or partnership who own ten percent or more of its stock of any class, or of all individual partners in the partnership who own a ten percent or greater interest therein. Form of Statement shall be completed and attached to the bid proposal. E.

The New Jersey Workers and Community Right to Know Act

The manufacturer or supplier of a substance or mixture shall supply the Chemical Abstracts Service number of all the components of the mixture or substance and the chemical name. The manufacturer and supplier must properly label each container. Further, all applicable Material Safety Data Sheets (MSDS) — hazardous substance fact sheet — must be furnished. 15

F.

Non-Collusion Affidavit

The Non-Collusion Affidavit, which is part of these specifications, shall be properly executed and submitted with the bid proposal. G.

Alternative Dispute Resolution

Mediation shall employ as the method of alternative dispute resolution under this contract. H.

Business Registration

Pursuant to P.L. 2004 c.57, which expands the program of business registration to all government contracting units in New Jersey. Contractor shall provide proof of its own business registration and proofs of business registration of those subcontractors required to be listed in the contractor’s submission. The proof of registration shall be provided at the time the bid or proposal is officially received and opened by the Township of Ewing. Before final payment of the contract is made by the Township of Ewing, the contractor shall submit an accurate list and the proof of business registration of each subcontractor or supplier used in the fulfillment of the contract, or shall attest that no subcontractors were used. For the term of this contract, the contractor and each of its affiliates and a subcontractor and each of its affiliates [52:32-44(g)(3)J shall collect and remit to the Director; New Jersey Division of Taxation, the use tax due pursuant to the Sales and Use Tax Act on all sales of tangible personal property delivered into this State, regardless of whether the tangible personal property is intended for a contract with a contracting agency. A business organization that fails to provide a copy of a business registration as required pursuant to section 1 of P.L.2001,c.134(C:52:32-44 et al) or subsection e. or f. of section 92 of P.L.1977,c.ll0(C:5:12-92), or that provides false registration information under the requirement of either of those sections, shall be liable for a penalty of $25 for each day of violation, not to exceed $50,000 for each business registration copy not properly provided under a contract with the Township of Ewing. I.

Disclosure of Contributions to New Jersey Election Law Enforcement Commission (ELEC)

Starting in January 2007, all 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. l9:44A- 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 1-888-313-3532 or at www.elec.state.nj.us. All proposals must include forms showing the vendor’s ability to comply with state and local “payto-play” laws. Forms are available from the Ewing Municipal Clerk. Proposals that do not include these forms will automatically disqualified.

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VI. REJECTION OF BIDS A.

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. B.

Multiple Bids Not Allowed

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

Unbalanced Bids

Bids, which are obviously unbalanced, may be rejected. D. Unsatisfactory Past Performance Bids received from bidders who have previously failed to complete contacts within the time scheduled therefore, or who have performed prior work for the Township of Ewing in an unacceptable manner, may be rejected in accordance with N.J.S.A.40A: 11-4 E.

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 Township of Ewing may then, at its option, accept the bid of the next lowest responsible bidder. F.

Rejection

The township reserves the right to reject any and all bids, to reject any bid not complying with the specifications and to waive any informality in any bid if Township deems such waiver to be in its best interest. IX. TERMINATION OF CONTRACT A. If, through any cause, the successful bidder shall fail to fulfill in a timely and proper manner obligations under this contract or if the contractor shall violate any of the requirements of the contract, the Township of Ewing 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 Township of Ewing of any obligation for balances to the contractor of any sum or sums set forth in the contract B. Notwithstanding the above, the contractor shall not be relieved of liability to the Township of Ewing for damages sustained by the Township of Ewing by virtue of any breach of the contract by the contractor and the Township of Ewing may withhold any payments to the contractor for the purpose of compensation until such time as the exact amount of the damage due the Township of Ewing from the contractor is determined. 17

C. The contractor agrees to indemnify and hold the Township of Ewing harmless from any liability to subcontractors/suppliers concerning payment for work performed or goods supplied arising out of the lawful termination of the contract by the Township of Ewing under this provision. D. In case of default by the contractor, the Township of Ewing may procure the articles or services from other sources and hold the successful bidder responsible for any excess cost occasioned thereby. 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 Township of Ewing reserves the right to cancel the contract.

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TOWNSHIP OF EWING  COUNTY OF MERCER CERTIFICATION REGARDING POLITICAL CONTRIBUTIONS (P.L. 2005, c. 271) __________________________, hereby certifies as follows: 1. I am a ___________________ of the firm of ____________________________, a “business entity” as defined by P.L. 2005, c.271, and make this certification based on my personal knowledge of the facts expressed herein and to comply with the requirements of P.L. 2005, c.271. 2. During the 12 months prior to the date of this certification, the “business entity” has not made any contributions that are reportable by the recipient pursuant to the provisions of P.L.1973, c.83 (C.19:44A-1 et seq.) to: any State, county, or municipal committee of a political party; any legislative leadership committee; or any candidate committee of a candidate for, holder of, an elective office of the Township of Ewing, of the County of Mercer, of another public entity within the County of Mercer, or of a legislative district in which the Township of Ewing is located, or any continuing political committee, except as follows: [The following listing must set forth all contributions that are reportable (over $300.00) and must disclose the date and amount of each contribution and the name of the recipient of each contribution. Attach additional sheets if needed to provide a full disclosure.] Recipient of Contribution

Amount

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Date

3. Consistent with P.L. 2005, c.271, I understand that the following shall be deemed to be a contribution by the “business entity” for purposes of this Disclosure: a.

When the business entity is a natural person, a contribution by that person’s spouse or child, residing therewith.

b.

When a business entity is other than a natural person, a contribution by: (1)

Any person or other business entity having an interest therein; and/or

(2)

All principals, partners, officers, or directors of the business entity or their spouses, any subsidiaries directly or indirectly controlled by the business entity; or any political organization organized under section 527 of the Internal Revenue Code that is directly or indirectly controlled by a business entity other than a candidate committee, election fund, or political party committee.

4. I certify that the foregoing statements made by me are true. I understand that, if any of the statements is willfully false, I am subject to punishment.

Dated:

, 2008

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Township Of Ewing COUNTY OF MERCER

CERTIFICATION OF CONTRACT VALUE PURSUANT TO N.J.S.A 19:44A-20.2 et seq. I, ____________________ (the undersigned) make this certification pursuant to N.J.S.A. 19:44A-20.2 et seq. I have reviewed the needs of the Township and the contract requirements for the abovereferenced work. Based on my review, the anticipated value of the entire contract over the course of its term including any contract extensions permitted by law will exceed $17,500.00.

I hereby certify that the foregoing statements made by me are true. I am aware that if any of these statements are willfully false, I am subject to punishment.

Dated: __________, 2008

____________________________ Signature _______________________________ Printed _______________________________ Title

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TOWNSHIP OF EWING COUNTY OF MERCER CAMPAIGN CONTRIBUTIONS AFFIDAVIT PURSUANT TO N.J.S.A 19:44A-20.2 et seq.

STATE OF___________________ ss: COUNTY OF_________________ I, _____________________________, the undersigned, acting with full authority on behalf of ________________________________, of full age, being duly sworn according to law on my oath, depose and say that:

1. Part I – Contractor Affirmation Contractor 1 has not made and will not make any “reportable contributions” (i.e., exceeding $300.00) that, pursuant to P.L. 2004, c.19, would bar the award of the above-referenced contract in the one year preceding the date the contract award is scheduled to be made to any of the following named candidate committee(s), joint candidates committee(s), and municipal committee(s) of a political party representing the elected officials of the Township of Ewing: Election Fund of Jack Ball Election Fund of Bert Steinman Election Fund of Kathy Wollert Election Fund of Joseph Murphy Election Fund of Les Summiel Election Fund of Don Cox

Ewing Republican Committee Ewing Democrat Committee

2. Part II – Business Entity Ownership Disclosure Contractor is the following type of business entity (check one): 1

Note: If Contractor is a sole proprietor, any reportable contribution made by a spouse or child residing with the sole proprietor is deemed to be a contribution of Contractor. If Contractor is not a sole proprietor, reportable contributions made by any of the persons or other business entities listed in Part II of this form are deemed to be contributions of Contractor.

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□ Corporation □ Partnership (specify):_____________________

□

Sole

Proprietorship

□

Other

All persons, including other business entities, that own or control more than 10% of the profits or assets of Contractor, or if Contractor is a corporation for-profit, all persons, including other business entities, that own or control more than 10% of Contractor’s stock, are as follows (add additional pages until all such persons or business entities are listed, if necessary): Name

Address/City/State/Zip Code

□ The foregoing list is current and correct to the best of my knowledge. Check one:

or □ There are no persons or other business entities owning or controlling more than

10% of the profits or assets of Contractor or, if Contractor is a corporation for-profit, there are no persons or other business entities owning or controlling more than 10% of Contractor’s stock. Part III – Signature and Attestation Contractor understands that if it has willfully and intentionally made or failed to reveal a contribution in violation of N.J.S.A. 19:44A-20.2 et seq., it will be liable for any penalty provided by law. I understand that if I have omitted or incorrectly stated or certified any of the information required by law to be included herein, I will be liable for any penalty provided by law. Subscribed and sworn to before me this ______ day of ____________, 200__. ________________________________ Name of Contractor __________________ (Notary Public) ________________________________ Signature of Affiant ________________________________ Type or Print Name of Affiant

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