1

SPECIFICATIONS FOR

BERNARDS TOWNSHIP SOMERSET COUNTY, NEW JERSEY

BID # 2013-13

Hosted VOIP PBX Communications

BIDS RECEIVED THURSDAY, NOVEMBER 7, 2013

AT 10:30 A.M. AT THE MUNICIPAL BUILDING ONE COLLYER LANE

BASKING RIDGE, N.J. 07920 908-766-2510

CHRIS KYRIACOU DIRECTOR OF INFORMATION TECHNOLOGY

(908) 204-3174

FRANCIS J. DECIBUS, QPA Purchasing Agent

908-204-3065

OCTOBER 24, 2013

2

BUSINESS REGISTRATION REQUIREMENT ....................................................................................................................................... 3 

“SIGN ME UP” ............................................................................................................................................................................ 4 

ADVISORY DISCLOSURE REQUIREMENT ......................................................................................................................................... 5 

NOTICE TO BIDDERS ...................................................................................................................................................................... 6 

DEFINITIONS ................................................................................................................................................................................. 7 

BID PROPOSAL FORM .................................................................................................................................................................... 9 

COMPANY INFORMATION ........................................................................................................................................................... 11 

INSTRUCTION TO BIDDERS ........................................................................................................................................................... 12 

CHECKLIST ................................................................................................................................................................................... 16 

ACKNOWLEDGMENT OF RECEIPT OF ADDENDA ........................................................................................................................... 17 

DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN ........................................................................................................................ 18 

CORPORATE, PARTNERSHIP AND LIMITED LIABILITY COMPANY DISCLOSURE STATEMENT ............................................................ 19 

NON‐COLLUSION AFFIDAVIT ........................................................................................................................................................ 20 

CONTRACTOR'S QUALIFICATION STATEMENT, EXPERIENCE, EQUIPMENT, AND FINANCIAL QUALIFICATIONS ................................ 21 

MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE .................................................................................................. 23 

AMERICANS WITH DISABILITIES ACT ............................................................................................................................................ 25 

INSURANCE REQUIREMENTS ....................................................................................................................................................... 26 

DISPUTES .................................................................................................................................................................................... 28 

SAMPLE CONTRACT ..................................................................................................................................................................... 29 

SPECIFICATIONS .......................................................................................................................................................................... 37 

Pursto becons "Infowww

BIDD

uant to PL 20e registered widered a imm

ormation on hw.state.nj.us/tr

DERS BUSIN

004, Chapter with the State material defect

ow a businesreasury/reven

ESS REGIST

Bu

57, all busineand provide pt, curable by pss can obtain nue/pdforms/r

TRATION CE

DIV Franc Purch

usiness Reg

ess organizatiproof of businproviding the a certificate c

rega.pdf, or by

ERTIFICATE (

3

VISIOcis J. Dechasing Ageistration Re

ons that do bness registratibusiness reg

can be obtainy telephone a

(BRC) SHAL

N OF cibus, QPAent equirement

business with ion upon issuistration certifed on the Inte

at (609) 292-5

L BE THE FI

PURC

a local contraance of a bidfication prior ternet at: 5995.

RST PAGE O

CHAS

acting agency. Failure to pto award of c

OF BID PACK

ING

y are requiredprovide is ontract.

KAGE

d

4

“SIGN ME UP”

For automatic notification of Bids, Request for Proposals, Request for Quotes, Bid Results etc, go to our web page at; www.bernards.org. In the upper right hand corner click on “Sign Me Up”. This will bring you to the next illustration.

Select “Bidding Opportunities” (the last box). Insert your first and last name and e-mail address in the boxes indicated. Click on “Sign Me Up” and you will receive automatic notifications of all bid related activity.

5

Advisory Disclosure Requirement

Notice of Pending Disclosure Requirement “Pay to Play” P.L. 2005, Chapter 271, Section 3 Reporting

(N.J.S.A 19:44A-20.27)

1. An annual disclosure statement shall be filed by any business entity making a contribution of money or any other thing of value1 for the holder of any public office having responsibility for the awarding of public contracts or a political committee2 if the business entity has received $50,000 or more in public contracts. Political contributions made by these entities must be filed with the New Jersey Election Law Enforcement Commission (“ELEC”), setting forth all contributions made by the business entity during the 12 months prior to the reporting deadline.

2. The commission shall prescribe forms and procedures for reporting. 3. The commission maintains a list of such reports for public inspection both at its office and through its Internet site. 4. If a natural person is a business entity: a contribution made by that person’s spouse or child, residing therewith, will

be deemed a contribution by the business entity. 5. When a business entity is other than a natural person:

a. A contribution made by any person affiliated with the business or having any interest in the business, shall be deemed a contribution by the business entity.

b. A contribution made by principals, partners, officers, or directors of the business, or their spouses, any subsidiaries of the business entity or any political organization organized under Section 527 of the Internal Revenue Code directly or indirectly controlled by the entity3, shall be deemed a contribution by the business entity.

1 This includes an in-kind contribution and a pledge to make a contribution of any kind. 2 This includes a political party committee, legislative leadership committee, political committee or a continuing political committee. 3 Other than a candidate committee, election fund or political committee.

6

Notice To Bidders

Bernards Township Sealed bids will be received by the Purchasing Agent of the Township of Bernards at the Municipal Building, One Collyer Lane, Basking Ridge, New Jersey, at 10:30 A.M., prevailing time, on Thursday, November 7, 2013 bid # BT 2013-13 - 2013 Hosted VOIP PBX Communications. The bid package has been filed in the office of the Purchasing Agent at the above address and may be inspected by prospective bidders during business hours, Monday through Friday. Bidders will be provided with a copy of the bid package upon request. Bid documents are also available to download at www.bernards.org under “Quick Links”. The Township reserves the right to reject any or all bids if in its judgment the public interest will be best served by so doing. All bid addenda will be issued on the Bernards Township website. All respondents should check the township website from date of advertisement through bid opening date. It is the sole responsibility of the respondents to be knowledgeable of all addenda related to this project. Bidders shall comply with the requirements of N.J.S.A. 10:5-31 and N.J.A.C. 17-27 et seq. Francis J. Decibus, QPA Purchasing Agent

7

Definitions

Whenever in the contract the following terms and abbreviations or pronouns in place of them are used, their intent and meaning shall be interpreted as follows: ABBREVIATIONS A.A.S.H.T.O. American Association of State Highway and Transportation Officials A.C.I. American Concrete Institute A.N.S.I American National Standards Institute A.S.T.M. American Society for Testing Materials N.J. D.O.T. New Jersey Department of Transportation BIDDER - an individual, firm, partnership, corporation or limited liability company acting directly or through a duly authorized representative, legally submitting a Proposal. CONTRACTOR - The individual, firm, partnership, corporation or limited liability company with whom the Township has executed the contract, who is primarily liable for the acceptable performance of the Project and for the Payments of all debts pertaining to the Project. DEPARTMENT - The term "Department" means the Department of Transportation of the State of New Jersey as created by law. DIRECTOR OF PUBLIC WORKS - The Township Director of Public Works of the Township of Bernards or his duly authorized representative. ENGINEER - The Township Engineer of the Township of Bernards, in the county of Somerset, a body politic and corporate of the State of New Jersey, or his duly authorized representative. INSPECTOR - The authorized representative of the Director of Public Works and Engineering Services assigned to inspection of work and material. NEW JERSEY DEPARTMENT OF TRANSPORTATION STANDARD SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION - A set of standard specifications published by the NJDOT and the most recent addenda thereto. All references to divisions are sections taken from the 2007 U.S. Customary English Units edition. OWNER - The Township of Bernards, Somerset County, New Jersey, or duly authorized representative. PLANS - Drawings or reproductions thereof furnished by the Director of Public Works and Engineering Services pertaining to the Project. PROJECT - The entire work to be performed under the Contract. PROPOSAL - The prepared form furnished by the Township of Bernards, properly filled out and submitted as a bid for the performance of the Project. SHOP DRAWINGS - All drawings, diagrams, illustrations, brochures, schedules and other data which are prepared by the Contractor, a subcontractor, manufacturer, supplier or distributor, which illustrates how specific portions of the work shall be fabricator installed. SPECIFICATIONS - The Standard Specifications, the Supplementary Specifications and all written agreements made or to be made, pertaining to the method or manner of performing the Project or to the quantities of materials to be furnished for the Project. Except where specifically cited, the applicable dates of referenced specifications and standards shall be those of the issues, revisions, and amendments current on the date of Advertisement for Bid. STANDARD SPECIFICATIONS - This document of Standard Specifications. SUPPLEMENTARY SPECIFICATIONS - Additions to or amendments of the Standard Specifications pertaining to the Project. SURETY - The corporate body which engages to be responsible in the execution of a satisfactory agreement by the bidder when applying to the bid bond and the corporate body which is bound with and for the Contractor, and which contracts

8

responsibility for his acceptable performance of the Project and for his payment of all obligations pertaining thereto when applying to the Performance Bond. TOWNSHIP - THE TOWNSHIP OF BERNARDS, IN THE COUNTY OF SOMERSET - a body politic and corporate of the State of New Jersey, acting through its governing body, the Township Committee, and acting through its duly authorized representatives pursuant to the authority conferred by ordinance or resolution of its Township Committee. WORKING DAY - A calendar day, exclusive of Saturdays, Sundays and legal holidays, on which weather and working conditions permit the Contractor to make effective use of not less than fifty percent of the work day.

The Township shall retain all of its rights and interest in any and all documents and property both hard copy and digital furnished by the owner to the contractor for the purpose of assisting the contractor in the performance of this contract. All such items shall be returned immediately to the owner at the expiration or termination of the contract or completion of any related services, pursuant thereto, whichever comes first. None of the documents and/or property shall, without the written consent of the owner, be disclosed to others or used by the contractor or permitted by the contractor to be used by their parties at any time except in the performance of the resulting contract.

Ownership of all data, materials and documentation originated and prepared for the owner pursuant to this contract shall belong exclusively to the owner. All data, reports, computerized information, programs and materials related to this project shall be delivered to and become the property of the owner upon completion of the project. The contractor shall not have the right to use, sell, or disclose the total of the interim or final work products, or make available to third parties, without the prior written consent of the owner.

9

TOWNSHIP OF BERNARDS BID PROPOSAL FORM

To the Purchasing Agent of the Township of Bernards Gentlemen: The undersigned bidder declares he has read the Notice to Bidders, Instruction to Bidders, Plans and Specifications attached, that he has determined the conditions effecting the bid and agrees, if this proposal is accepted, and contract awarded, to furnish all labor and materials to do everything necessary for the proper construction and completion of the work in accordance with the aforesaid documents. It is understood that the quantities listed below of the various items of equipment to be furnished are estimates only, which can be increased or decreased in the manner designated in the Specifications. All materials, labor and workmanship herein specified shall comply with the Plans and Specifications and Contract Documents. Each bidder must submit unit prices for every item on the bid proposal form and said unit prices shall cover all costs of any nature, incidental and growing out of the work. In the event there is a discrepancy between the actual quantities for each item of work compared to the estimated quantity, the unit price shall govern and utilized to compute the correct dollar amount. In the event the total amount is incorrect, the amount computed from the unit prices and the estimated quantities shall govern. All unbalanced bids or pennied unit prices may be rejected. The Township reserves the right to award this bid by total base bid less option. While the Township desires to have a one-vendor contract for items awarded, the Township may not award all items designated. Accompanying this proposal is a bid surety, certified check, or cashier's check in the amount of $ N/A payable to the Township of Bernards which is to be forfeited as liquidated damages, if in the event that this proposal is accepted, the undersigned shall fail to execute the contract or furnish satisfactory bond as required.

Bid Proposal Amount:

Description  

   

Initial Configuration and Start Up Costs  (Inc. Labor Hardware & Software) 

 $___________________ 

In Numerals 

 $__________________________ 

Written Amount 

Monthly Recurring VoIP Service Charge: Town Hall/Health/Engineering  

Year One 2013‐2014 

 $_________________________

In Numerals 

 _______________________________________ 

Written Amount  

Year Two 2014‐2015 

 $_________________________

In Numerals 

 _______________________________________ 

Written Amount  

Year Three 2015‐2016 

 $_________________________

In Numerals 

 ________________________________________

Written Amount  

Year Four 2016‐2017 

 $_________________________

In Numerals 

 ________________________________________

Written Amount  

Year Five 2017‐2018 

 $_________________________

In Numerals 

 ________________________________________

Written Amount 

10

Monthly Recurring VoIP Service Charge: Library  

Year One 2013‐2014 

 $_________________________ 

In Numerals 

 _______________________________________ 

Written Amount  

Year Two 2014‐2015 

 $_________________________ 

In Numerals 

 _______________________________________ 

Written Amount  

Year Three 2015‐2016 

 $_________________________ 

In Numerals 

 ________________________________________

Written Amount  

Year Four 2016‐2017 

 $_________________________ 

In Numerals 

 ________________________________________

Written Amount  

Year Five 2017‐2018 

 $_________________________ 

In Numerals 

 ________________________________________

Written Amount 

Monthly Recurring VoIP Service Charge: Police Department  

Year One 2013‐2014 

 $_________________________ 

In Numerals 

 _______________________________________ 

Written Amount  

Year Two 2014‐2015 

 $_________________________ 

In Numerals 

 _______________________________________ 

Written Amount  

Year Three 2015‐2016 

 $_________________________ 

In Numerals 

 ________________________________________

Written Amount  

Year Four 2016‐2017 

 $_________________________ 

In Numerals 

 ________________________________________

Written Amount  

Year Five 2017‐2018 

 $_________________________ 

In Numerals 

 ________________________________________

Written Amount 

NOTE: AS PROVIDED BY THE LOCAL PUBLIC CONTRACT LAW 40A:11-15(8), THIS IS A ONE (1) YEAR CONTRACT WHICH MAY BE EXTENDED FOR FOUR (4) ADDITIONAL YEARS IF PERFORMANCE IS SATISFACTORY AND FUNDS ARE APPROPRIATED IN THE ANNUAL BUDGET. THE BID UPON AWARD BY RESOLUTION SHALL BE CONSIDERED A FISCAL BID WITH RENEWAL DATE TO COINCIDE WITH THE DATE OF AWARD BY THE BERNARDS TOWNSHIP COMMITTEE.

11

Company Information

PLEASE PRINT OR WRITE LEGIBLY

Company:

Signature:

Typed Name and Title:

Address:

City, State, Zip

Phone Number:

Fax Number:

Email Address:

Does Payment Address Differ from Above? If so, please note here.

Witness: (Signature) (Name – Print or Type)

(Signature) (Name – Print or Type) (Title)

The bidder shall on the line below, if a corporation, supply the name of the state in which incorporated

Contact Person Who Prepared Proposal:

Person Who Will Sign All Documents Related to Award of Contract

Telephone Number:

Federal ID Number:

HAVE YOU ATTACHED THE STARRED ITEMS ON THE CHECK LIST? FAILURE DO SO MAY RESULT IN AN AUTOMATIC REJECTION OF BID

12

Instruction To Bidders 1. ALL PROPOSALS SHALL BE TYPEWRITTEN OR PENNED ON THE FORMS FURNISHED IN THIS PACKET. Unit

prices and totals must be inserted in space provided. All blank spaces must be completed. Insert N/A in the blanks if "not applicable". Proposals showing any erasure, alteration or interlineation must be initialed by bidder in ink. FAILURE TO COMPLY, MAY BE CAUSE FOR REJECTION OF BID. Where discrepancies occur between the unit figure and the extension, the unit price will prevail. Each bid must be signed in ink or ballpoint pen by person authorized to do so in order to be accepted by the Township of Bernards as a valid bid.

2. BIDS MUST BE SUBMITTED ON PROPOSAL FORMS SUPPLIED BY THE TOWNSHIP OF BERNARDS. Bidders will

note any exceptions to the Technical Specifications in space provided or on separate sheet of paper. 3. BID SUBMITTAL. Bids may be hand delivered or mailed per legal Notice by Bidders. In the case of mailed bids, the

Township of Bernards will not assume any responsibility for bids lost in transit at any time before bid opening. All bids received after the designated date and time will be returned unopened to the bidder.

4. CHECK LIST. Please pay special attention to the Check List included as part of this bid package. All starred(*) items

MUST be submitted with the proposal in order to be accepted as a valid bid. THIS CHECK LIST MUST BE SIGNED, ALL BLANKS COMPLETED, AND SUBMITTED AS PART OF THE PROPOSAL.

5. BONDS OR SECURITY REQUIRED:

A. Bid Security. If a bid security is required, unless otherwise stated, it is to be in an amount not less than 10% of the amount of bid, but not to exceed $20,000. Bid security may be in the form of a Cashiers Check or Certified Check payable to the Township of Bernards or a bid bond drawn in accordance with the sample form included in this bid package, binding the bidder to execute a contract if awarded to him/her.

B. Performance Bonds. When required as part of the Contract Documents, the awarded vendor shall within ten (10)

days after award of Contract, obtain, pay for, and deliver to the Township of Bernards a performance bond for 100% of the Contract sum, satisfactory to the Township of Bernards, and executed by a surety company licensed to do business in the State of New Jersey. Such a bond shall bear same date as, or dates subsequent to, date of Contract. Said bond shall assure fulfillment of the Contract in all respects, and shall provide for payment in the event of the Contractor's failure to perform all of its obligations according to the Contract, full reimbursement to the Township of Bernards for all expenses incurred in making good any default. This bond shall also contain a waiver of notice being required for alterations, additions, deductions, extensions of time or other modifications of Contract, as ordered.

C. If the Contractor's surety shall become insolvent, or come under the control of a receiver, trustee, or other similar

fiduciary, or cease to do business, at any time prior to final payment under this Contract, Contractor shall promptly obtain, pay for, and deliver to Owner, at Contractor's sole expense, a replacement for the original performance and statutory bond from another acceptable surety corporation. Until such replacement bond is delivered, Owner shall make no further payments to Contractor.

6. CONSENT OF SURETY. The Consent of Surety form shall be returned with bid proposal if the contract documents

require a performance bond. A CONSENT OF SURETY WHICH RESERVES ANY RIGHT FOR THE SURETY, AFTER AWARD OF CONTRACT TO THE BIDDER, TO DECLINE TO ISSUE THE PERFORMANCE BOND WILL NOT BE ACCEPTED. BIDS ACCOMPANIED BY SUCH A CONSENT OF SURETY WILL BE REJECTED.

7. BIDDERS' RESPONSIBILITY OF UNDERSTANDING PROPOSAL. By submitting a proposal, the bidder covenants and

agrees that he/she has satisfied himself/herself from his/her own investigation of the conditions to be met, that he/she fully understands his/her obligations and that he/she will not make any claim for, or have a right to cancellation or relief because of any misunderstandings or lack of information.

8. ADDENDA. It shall be understood that any addendum issued from time to time to provide additional information to the

bidders shall become an integral part of this bid package. Bid addenda will be issued on the township website at; www.bernards.org. It will be the bidders sole responsibility to be knowledgeable of all addenda related to this procurement. Receipt of Addendum shall be acknowledged by the bidders in the space provided therefore on the "Bid Proposal Form".

9. QUESTIONS REGARDING PLANS & SPECIFICATIONS. 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

13

order to be given consideration, written request for interpretation must be received at least ten (10) days prior to the date fixed for the opening of the bids. Any and all such interpretations and any supplemental instructions will be in the form of written addenda to the specifications, and will be distributed to all prospective bidders, in accordance with Statute. All addenda so issued shall be posted on our township web site; www.bernards.org and become part of the contract documents, and shall be acknowledged by the bidder in the bid. If such clarification is not requested before bidding, the bidder shall be responsible for doing such work and furnishing such materials, as is necessary to comply with whichever interpretation of the Plans and Specifications the Engineer may, during construction, judge to be proper.

10. BID WITHDRAWAL. A bid cannot be withdrawn after the expiration of the time set for receiving bids, nor can any changes in price or other details be made by letter, telegram, or verbal statement.

11. CORPORATE DISCLOSURE STATEMENT. The Corporate Disclosure Statement must be completed and submitted

with the proposal. 12. NON-RESIDENT BIDDER. Before award is made to a bidder, not a resident of the State of New Jersey, such bidder

shall designate a proper agent in the State of New Jersey on whom service can be made in the event of litigation or for other matters.

13. PREVAILING WAGE. All bidders are to be governed by Federal and/or State Prevailing Wage Rules as amended and

supplemented, as if said regulations were set forth herein. 14. AFFIRMATIVE ACTION REQUIREMENTS. In addition to all bidders complying with the requirements of P.L. 1975,

c.127 (Affirmative Action Requirements) (NJAC 17:27), the successful bidder must submit to the Township within 10 days after execution of contract by the Township any one of the following items:

A. An existing federally approved or sanctioned affirmative action program, or B. A certificate of Affirmative Action Employee Information Report approval, or C. Affirmative Action Employee Information Report (AA302) secured from the Purchasing Agent, or D. If a construction contract, successful contractor MUST complete Initial Project Manning Report-Construction

AA201). 15. BUSINESS REGISTRATION REQUIREMENT. Pursuant to PL 2004, Chapter 57, all business organizations that do

business with a local contracting agency are required to be registered with the State and provide proof of business registration upon issuance of a bid. Failure to provide is considered a immaterial defect, curable by providing the business registration certification prior to award of contract. "Information on how a business can obtain a certificate can be obtained on the Internet at: www.state.nj.us/treasury/revenue/pdforms/rega.pdf, or by telephone at (609) 292-5995.

16. COMPLIANCE OF LAWS, RULES, AND REGULATIONS. The successful bidder shall observe and comply with all

Federal and State laws, rules and regulations, and local ordinances that affect those engaged or employed in the performance of the work described herein, the materials or equipment used, or the conduct of the work. Attention is directed to occupational health and safety regulations. All cost of any nature associated with compliance with the laws, rules, and regulations are to be included in the unit price bid or where unit prices are not requested, in the lump sum bid, and no separate payment will be made.

17. BUY AMERICAN. In accordance with N.J.S.A. 40A:11-18 the Township of Bernards requires "American manufactured

goods and products to be used wherever possible." 18. EQUAL OR TIE BID. The Township of Bernards reserves the right to award at their discretion, in the best interest of the

Township and with reference to the information submitted with the proposals, to any of the tie bidders. 19. RIGHTS RESERVED BY TOWNSHIP. The Township reserves the right to reject any and all bids, to waive any

informalities or irregularities in the bids received, and to accept any bid which is deemed most favorable to the Township of Bernards, New Jersey, at the time and under the conditions stipulated. Proposals incorporating deviations which, in the judgment of the Purchasing Agent, are a clear departure from the intent and purpose of these specifications will not be considered.

20. PROPOSED "OR EQUAL". Whenever a brand name is identified, the naming of the item is only intended to establish

the type, function, and quality required. If the bidder furnishes an equivalent product, bidder shall have the burden of providing sufficient information to enable the Township to determine that the proposed item is the functional equivalent to the one which is specified. The Township will accept an equivalent to any brand name identified in the bid specifications;

14

however, any equivalent must meet or exceed the specification of the brand stated in the bid specification. It is the responsibility of the bidder to prove that the equivalent meets or exceeds the specification and is the functional equivalent by submission to the township purchasing agent of such information in writing. The Township will reject a proposed equivalent unless the bidder submits a written memorandum specifically comparing the features and performance of the equivalent with the features and performance of the specified item, along with manufacturer's technical specifications. A bidder may supply as part of the written memorandum literature from the manufacture of the equivalent as part of its written memorandum but that alone will not suffice to demonstrate the functional equivalency of the product. Such information must be submitted in duplicate to the township purchasing agent no later than 72 hours after the opening of the bids. Because of possible administrative burdens, determinations of equivalency will not be made or decided prior to the submission of bids. If the Township determines that the proposed item is not an equivalent, the bid in question will be rejected as materially non-responsive.

21. DEMONSTRATION, TESTING, AND/OR INSPECTION. Prior to the award of bid, the Township may require a

demonstration, testing, and/or inspection of product or equipment being proposed for purposes of determining compliance with the specifications or to prove equivalency. The Township reserves the right to utilize any information obtained for evaluation purposes. The bidder shall be responsible for any costs incurred.

22. TRANSPORTATION. All transportation charges shall be fully prepaid by the contractor, F.O.B. Destination, and

placement at locations specified by the Township. No additional charges will be allowed for any transportation costs resulting from partial shipments made at the vendors convenience when a single shipment is ordered.

23. UNIT PRICES. All unit prices, and all lump sum prices, in the bid proposal shall include all applicable fees, cost, and tax (if

any) relating to project, and all charges for overhead, profit, insurance, etc. The successful bidder will not be responsible for real property tax on any property of the Owner, including the site of the project. Bid proposal amount will exclude all Federal Excise Tax and sales tax of all states, except those if any, to which the Township is subject.

24. PRICING ERROR. If a pricing error is discovered after bid opening between the unit price and the total extended price,

the unit price shall prevail. 25. DISCOUNT. Any additional discount and terms of the discount should be inserted in the space provided, if applicable.

However, cash discounts of less than 1% or discount periods of less than thirty (30) days will not be considered as factors in the award of bid.

26. EVALUATION CRITERIA. In addition to considering bid prices, and to the extent permitted by law, competency and

responsibility of bidders, their facilities, experience in similar work, and that of their proposed Subcontractors, and amount of alternates, will be considered in making awards.

27. MULTI-VENDOR AWARD. The Township of Bernards reserves the right to award the bid to more than one vendor when

it is deemed to be in the best interest of the Township to do so. 28. AWARD OF BID. The Township of Bernards normally awards contracts or rejects all bids within an approximate 30-day

time frame, but in no case more than 60 days. Exception to this schedule would be in accordance with N.J.S.A. 40A:11-24, which provides that "any bidders who consent thereto may, at the request of the contracting unit, have their bids held for consideration for such longer period as may be agreed." All prospective bidders are advised of this schedule since all proposals must be firm when bid and must remain so for 60 days or such longer period as the Township and bidder(s) may agree.

29. NOTIFICATION OF AWARD. The Township of Bernards will notify successful bidder in writing of award of contract.

Should any successful bidder, upon being notified, fail to execute a Contract within ten (10) days of such notification with the Township of Bernards, the Township will be free to award a Contract to another, and the Township shall have the right to proceed against the guaranty accompanying the bid.

30. INVOICES. The Township of Bernards will not honor any invoices submitted for work performed other than that stipulated

by these specifications unless previously authorized by written change order, in accordance with State of New Jersey Local Finance Board Regulations 5:34-4.1 et seq.

31. PAYMENT. Payment will be made within 30 days of receipt of properly certified and tabulated invoices. 32. EQUAL WEIGHT OF CONTRACT DOCUMENTS. Except in cases of conflict, all contract documents shall have equal

weight. In case of conflicting provisions, the order of priority of the contract documents shall be in the stated order as listed in the Contract Form.

15

33. AMERICANS WITH DISABILITIES ACT OF 1990. Requirement in all bid specifications and contracts to contain

language that prohibits discrimination on the basis of disability by public entities in all services, programs and activities provided or made available by public entities.

34. PAYMENT PROCEDURES FOR CONSTRUCTION CONTRACTS. Pursuant to P.L. 199, Chapter 133 (C.2A:30A-1),

payment of construction contracts to prime contractors requires approval by the Township Committee of Bernards Township once submitted and reviewed for compliance and certification by the responsible department(s). Once approval and certification are obtained by the prime contractor through the Township, said contractor is entitled to payment not more than 30 calendar days after the periodic billing date specified in the contract, except that a contractor will not be paid by Bernards Township within that 30 day period if the Bernards Township Committee is required to vote approval of each periodic payment, final payment or retainage monies, in which instance, the amount due and approved may be paid during the Township Committee’s subsequent payment cycle. Billing is deemed approved and certified 20 days after the Township has received it unless the Township provides, before the end of the 20-day period, a written statement of the amount withheld and its reasons for withholding payment.

35. BID RESULTS. Preliminary bid results will be posted on our township web site; www.bernards.org generally within 24-36

hours after date and time of bid opening.

36. WITHDRAWAL OF BIDS 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 (Francis J. Decibus, QPA, Purchasing Agent, Bernards Township, One Collyer Lane, Basking Ridge, NJ 07920) 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, (Francis J. Decibus QPA, Purchasing Agent) 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 public owner 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.

37. CHALLENGES TO BID SPECIFICATION: pursuant to N.J.S.A. 40A 11-13, any prospective bidder who wishes to challenge a bid specification shall file such challenge with the purchasing agent in writing no less than three (3) business days prior to the opening of bids. Challenges filed after that time shall be considered void and having no impact on the award of a contract.

The Township shall retain all of its rights and interest in any and all documents and property both hard copy and digital furnished by the owner to the contractor for the purpose of assisting the contractor in the performance of this contract. All such items shall be returned immediately to the owner at the expiration or termination of the contract or completion of any related services, pursuant thereto, whichever comes first. None of the documents and/or property shall, without the written consent of the owner, be disclosed to others or used by the contractor or permitted by the contractor to be used by their parties at any time except in the performance of the resulting contract.

Ownership of all data, materials and documentation originated and prepared for the owner pursuant to this contract shall belong exclusively to the owner. All data, reports, computerized information, programs and materials related to this project shall be delivered to and become the property of the owner upon completion of the project. The contractor shall not have the right to use, sell, or disclose the total of the interim or final work products, or make available to third parties, without the prior written consent of the owner.

16

Checklist

Required if

Checked

2013 Hosted VOIP PBX Communications

Initial Each and Submit if the Box is

checked

Business Registration Certificate Form (must be first page of bid submission) Bid Guarantee/Bond in the Amount as Required (stated in Legal Notice to Bidders)

Bid Proposal Form Consent of Surety Bidders Information Sheet –Complete Bid Proposal Form – Complete and Sign Corporate Disclosure Certification Form – Sign and Notarized Non-Collusion Affidavit Form – Sign and Notarize Contractor’s Qualification Statement & Resume Affirmative Action (Exhibit A) Language Acknowledgement Form – Sign Americans with Disabilities Act of 1990 Language – Read Addenda Acknowledge Form – Sign Insurance Checklist Public Works Contractor Certificate Form Prevailing Wage Subcontractor’s List Bidder to Provide 2 Complete Copies of Bid Package Equipment Brochures to be Provided Technical Specifications (with all blanks completed)

Performance – Payment Bond (As Applicable) Maintenance Bond (As Applicable)

The Following Items Shall be Required Upon Award of Contract

Certificate of Insurance Performance – Payment Bond Maintenance Bond Contractor’s Affirmative Requirements Contract

Warning: If the items as indicated above are not included in your bid package, it may cause your bid to be automatically rejected.

THIS CHECK LIST MUST BE SIGNED AND SUBMITTED WITH THE BID PACKAGE (Signature)_____________________________________________________(Date)___________________________ (Name – print or type) ____________________________________________________________________________ Company______________________________________________________________________________________

17

Acknowledgment of Receipt of Addenda

2013 Hosted VOIP PBX Communications

The undersigned Bidder hereby acknowledges receipt of the following Addenda:

Addendum Number Dated

Acknowledged For (Name of Bidder): ___________________________________________________________________ By(Signature of Authorized Representative):________________________________________________ _________

Name (Print):______________________________________________________________________________________ Title: ____________________________________________________________________________________________

Important: If no addendums were issued by the Township or received by the Bidder,

the word “NONE” must be written on the above form.

18

DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN

Solicitation Number : Bidder I Offeror: Pursuant to Public Law 2012, c. 25, any person or entity that submits a bid or proposal or otherwise proposes to enter into or renew a contract must complete the certification below to attest, under penalty of perjury, that the person or entity, or one of the person or entity's parents, subsidiaries, or affiliates, is not identified on a list created and maintained by the Purchasing Department as a person or entity engaging in investment activities in Iran. If the Purchasing Agent finds a person or entity to be in violation of the principles which are the subject of this law, he shall take action as may be appropriate and provided by law, rule or contract, including but not limited to, imposing sanctions, seeking compliance, recovering damages, declaring the party in default and seeking debarment or suspension of the person or entity. I certify, pursuant to Public Law 2012, c. 25, that the person or entity listed above for which I am authorized to bid/renew:

is not providing goods or services of $20,000,000 or more in the energy sector of Iran, including a person or entity that provides oil or liquefied natural gas tankers, or products used to construct or maintain pipelines used to transport oil or liquefied natural gas, for the energy sector of Iran, and is not a financial institution that extends $20,000,000 or more in credit to another person or entity, for 45 days or more, if that person or entity will use the credit to provide goods or services in the energy sector in Iran.

In the event that a person or entity is unable to make the above certification because it or one of its parents, subsidiaries, or affiliates has engaged in the above-referenced activities, a detailed, accurate and precise description of the activities must be provided in part 2 below to the Bernards Township Purchasing Agent under penalty of perjury. Failure to provide such will result in the proposal being rendered as non-responsive and

PART 2: PLEASE PROVIDE FURTHER INFORMATION RELATED TO INVESTMENT ACTIVITIES IN IRAN

You must provide a detailed, accurate and precise description of the activities of the bidding person/entity, or one of its parents, subsidiaries or affiliates, engaging in the investment activities in Iran outlined above by completing the boxes below.

PLEASE PROVIDE THOROUGH ANSWERS TO EACH QUESTION. IF YOU NEED ADDITIONAL SPACE, MAKE COPIES OF THIS FORM AND ATTACH HERETO Name Relationship to Bidder/Offeror Description of Activities Duration of Engagement Anticipated Cessation Date Bidder/Offeror Contact Name Contact Phone Number Certification: I, being duly sworn upon my oath, hereby represent and state that the foregoing information and any attachments thereto to the best of my knowledge are true and complete. I attest that I am authorized to execute this certification on behalf of the above-referenced person or entity. I acknowledge that Bernards Township, County of Somerset is relying on the information contained herein and thereby acknowledge that I am under a continuing obligation from the date of this certification through the completion of any contracts with Bernards Township to notify Bernards Township in writing of any changes to the answers of information contained herein. I acknowledge that I am aware that it is a criminal offense to make a false statement or misrepresentation in this certification, and if I do so, I recognize that I am subject to criminal prosecution under the law and that it will also constitute a material breach of my agreement(s) with the State of New Jersey and that the State at its option may declare any contract(s) resulting from this certification void and unenforceable. Signature

19

Corporate, Partnership And Limited Liability Company Disclosure Statement Chapter 33 of the Public Laws of 1977 (N.J.S.A. 52:25-24.2) provides in pertinent part that no partnership or corporation or limited liability company shall be awarded any State, County, Municipal or School District 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 partnership or corporation or limited liability company, there is submitted a statement containing the following information: 1. If the bidder is a partnership, then the statement shall set forth the names and addresses of all partners who own a 10%

or greater interest in the partnership. 2. If the bidder is a corporation, then the statement shall set forth the names and addresses of all stockholders in the

corporation who own 10% or more of its stock of any class. 3. If a corporation owns all or part of the stock of the corporation or partnership submitting the bid, then the statement shall

include a list of the stockholders who own 10% or more of the stock of any class of that corporation. 4. If a Limited Liability Company (LLC), then the statement shall include a list of the members who own 10% or more of the

interests of that limited liability company. BIDDERS MUST COMPLETE ONE OF THE FOLLOWING STATEMENTS: 1. A. Stockholders or Partners or Members owning 10% or more of the company submitting bid:

Name Address

B. If Stockholder or partner or Member named above is a Corporation than copy this page and complete as if that

Stockholder or partner is submitting bid. 2. No Stockholder or Partner or Member owns 10% or more of the company submitting bid:

(Signature and Title): __________________________________________________________________________ 3. Bid is being submitted by an individual who operates as a sole proprietorship:

(Signature and Title): __________________________________________________________________________

Subscribed and sworn to before me on this _______ day of _______, 20____. ____________________________ Notary Public of ________________ My commission expires _________________ 20 _____.

20

Non-Collusion Affidavit TOWNSHIP OF BERNARDS PROJECT: _____________________________________ ss: COUNTY OF I, , of the City of in the County of and the State of New Jersey of full age, being duly sworn according to law on my oath depose and say that: I am of the firm of . The bidder making the Proposal for the above named project, and that I executed Proposal with the said the full authority so to do; that said bidder has not, directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free, competitive bidding in connection with the above project; and that all statements contained in with full knowledge that the Township of Bernards relies upon the truth of the statements contained in said Proposal and in the statements contained in this affidavit in awarding the contract for the said project. I further warrant that no person or selling agency has been employed or retained to solicit or secure such contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, except bona fide employees or bona fide established commercial or selling agencies maintained by ____________________________________________________________________________________ (N.J.S.A.52:34-15) (Name of Contractor) (Signature of affiant) (also type name of affiant) Subscribed and sworn to before me on this _______ day of _______, 20____. ____________________________ Notary Public of ________________ My commission expires _________________ 20 _____.

21

Contractor's Qualification Statement, Experience, Equipment, And Financial Qualifications The signatory of this proposal guarantees the truth and accuracy of all statements and of all answers to interrogatories hereinafter made. 1. How many years have you been in business under your present business name? 2. What projects of similar nature has your organization completed? Please use additional paper if necessary.

Name, Phone, Owner and

Location Name and Address of

Persons in Responsible Charge

Type of Project Amount of Contract

Date of Completion

3. Have you or your organization, or partners or officers thereof, failed to complete a municipal contract or defaulted under

any such contract? If so, please explain and list the municipality involved. (Attach a separate sheet, if necessary.)

4. Did you or your organization, or any partners or officers thereof, when the lowest bidder on a municipal contract, withdraw your bid? If so, please explain. (Attach a separate sheet, if necessary.)

5. Have you or your organization, or any partners thereof been a party to any law suits or legal actions, whether of a civil or criminal nature, arising out of or involving bid contracts or the performance thereof? If so, give details and disposition of the matter.

6. Are there any unsatisfied judgments recorded against you, your organization or any partners or officers thereof? If so,

give details, including the name and the address of each judgment creditor, and the amount of each judgment.

7. Furnish below the names of banks and other financial references from whom can be determined the financial ability of the bidder to carry out this contract.

22

8. If applicable, itemize equipment owned which you intend to use in the performance of this contract? (Attach separate

sheet, if necessary.)

9 Have you or your organization been disqualified by a contracting agent in the State of New Jersey for “Prior Negative Experience”’ as by defined by N.J.S.A. 40A 11-4 within five (5) years of the date you submitted this bid specification? If so, provide details and reasons for the disqualification. Include the name of the contracting unit, the project and date of disqualification. I have read the foregoing questions and the answers which I have submitted in response thereto are true and correct in all respects to the best of my knowledge, information and belief. Name of Person Who Prepared Proposal:

Title:

Company:

23

(REVISED 4/10) EXHIBIT A

Goods, Professional Service And General Contracts

MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE

N.J.S.A. 10:5-31 et seq. (P.L. 1975, C. 127) N.J.A.C. 17:27

During the performance of this contract, the contractor agrees as follows: The contractor or subcontractor, where applicable, will not discriminate against any employee or applicant for employment because of age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Except with respect to affectional or sexual orientation and gender identity or expression, the contractor will ensure that equal employment opportunity is afforded to such applicants in recruitment and employment, and that employees are treated during employment, without regard to their age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Such equal employment opportunity shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Public Agency Compliance Officer setting forth provisions of this nondiscrimination clause. The contractor or subcontractor, where applicable will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. The contractor or subcontractor will send to each labor union, with which it has a collective bargaining agreement, a notice, to be provided by the agency contracting officer, advising the labor union of the contractor's commitments under this chapter and shall post copies of the notice in conspicuous places available to employees and applicants for employment. The contractor or subcontractor, where applicable, agrees to comply with any regulations promulgated by the Treasurer pursuant to N.J.S.A. 10:5-31 et seq., as amended and supplemented from time to time and the Americans with Disabilities Act. The contractor or subcontractor agrees to make good faith efforts to meet targeted county employment goals established in accordance with N.J.A.C. l7:27-5.2. The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies including, but not limited to, employment agencies, placement bureaus, colleges, universities, and labor unions, that it does not discriminate on the basis of age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex, and that it will discontinue the use of any recruitment agency which engages in direct or indirect discriminatory practices. The contractor or subcontractor agrees to revise any of its testing procedures, if necessary, to assure that all personnel testing conforms with the principles of job-related testing, as established by the statutes and court decisions of the State of New Jersey and as established by applicable Federal law and applicable Federal court decisions. In conforming with the targeted employment goals, the contractor or subcontractor agrees to review all procedures relating to transfer, upgrading, downgrading and layoff to ensure that all such actions are taken without regard to age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex, consistent with the statutes and court decisions of the State of New Jersey, and applicable Federal law and applicable Federal court decisions.

24

The contractor shall submit to the public agency, after notification of award but prior to execution of a goods and services contract, one of the following three documents: Letter of Federal Affirmative Action Plan Approval Certificate of Employee Information Report Employee Information Report Form AA302 (electronically provided by the Division and distributed to the public agency through the Division’s website at www.state.nj.us/treasury/contract_compliance) The contractor and its subcontractors shall furnish such reports or other documents to the Division of Public Contracts Equal Employment Opportunity Compliance as may be requested by the office from time to time in order to carry out the purposes of these regulations, and public agencies shall furnish such information as may be requested by the Division of Public Contracts Equal Employment Opportunity Compliance for conducting a compliance investigation pursuant to Subchapter 10 of the Administrative Code at N.J.A.C. 17:27. COMPANY _________________________________ _____________________ (Signature) (Title) ______________________ (Date)

25

Americans with Disabilities Act Mandatory Language

Equal Opportunity for Individuals with Disabilities. The CONTRACTOR and the SCLC do hereby agree that the provisions of Title II of the Americans With Disabilities Act of 1990 (the “Act”) (42 U.S.C. s12101 et seq.), which Prohibits discrimination on the basis of disability by public entities in all services, programs, and activities provided or made available by public entities, and the rules and regulations promulgated pursuant thereunto, are made a part of this contract. In providing any aid, benefit, or service on behalf of the SCLC pursuant to this contract, the CONTRACTOR agrees that the performance shall be in strict compliance with the Act. In the event that the CONTRACTOR, its agents, servants, employees, or subcontractors violate or are alleged to have violated the Act during the performance of this contract, the CONTRACTOR shall defend the SCLC in any action or administrative proceeding commenced pursuant to this Act. The CONTRACTOR shall indemnify, protect, and save harmless the SCLC, its agents, servants, and employees from and against any and all suits, claims, losses, demands, or damages of whatever kind or nature arising out of or claimed to arise out of the alleged violation. The CONTRACTOR shall, at its own expense, appear, defend, and pay any and all charges for legal services and any and all costs and other expenses arising from such action or administrative proceeding or incurred in connection therewith. In any and all complaints brought pursuant to the SCLC’S grievance procedure, the CONTRACTOR agrees to abide by any decision of the SCLC, which is rendered pursuant to, said grievance procedure. If any action or administrative proceeding results in an award of damages against the SCLC or if the SCLC incurs any expense to cure a violation of the ADA which has been brought pursuant to its grievance procedure, the CONTRACTOR shall satisfy and discharge the same at its own expense. The SCLC shall, as soon as practicable after a claim has been made against it, give written notice thereof to the CONTRACTOR along with full and complete particulars of the claim. If any action or administrative proceeding is brought against the SCLC or any of its agents, servants, and employees, the SCLC shall expeditiously forward or have forwarded to the CONTRACTOR every demand, complaint, notice, summons, pleading, or other process received by the SCLC or its representatives.

It is expressly agreed and understood that any approval by the SCLC of the services provided by the CONTRACTOR pursuant to this contract will not relieve the CONTRACTOR of the obligation to comply with the Act and to defend, indemnify, protect, and save harmless the SCLC pursuant to this paragraph.

It is further agreed and understood that the SCLC assumes no obligation to indemnify or save harmless the CONTRACTOR, its agents, servants, employees and subcontractors for any claim which may arise out of their performance of this Agreement. Furthermore, the CONTRACTOR expressly understands and agrees that the provisions of this indemnification clause shall in no way limit the CONTRACTOR’S obligations assumed in this Agreement, nor shall they be construed to relieve the CONTRACTOR from any liability, nor preclude the SCLC from taking any other actions available to it under any other provisions of this Agreement or otherwise at law.

26

INSURANCE REQUIREMENTS The CONTRACTOR shall purchase and maintain, at its sole expense, the required insurance with a carrier qualified to do business in the State of New Jersey and having a rating of “A-” or better according to “Best’s Key Rating Guide”. The insurance is to provide protection from claims and liabilities which may arise out of or result from CONTRACTOR’s performance of the work and CONTRACTOR’s other obligations under the Contract, whether it is to be performed or furnished by the CONTRACTOR, or by any of CONTRACTOR’s sub-contractors or by anyone directly or indirectly hired by any of them to perform any work, or furnish any work or any supplies, or by anyone for whose acts any of them may be liable. The CONTRACTOR shall maintain such insurance for at least the limits of liability as set forth below. ACKNOWLEDGEMENT: YES NO 1. Commercial or Comprehensive General Liability with limits of not less than the following:

Combined Single Limits of Bodily Injury and Property Damage for $1,000,000.00 each occurrence (Bodily Injury & Property Damage), $1,000,000.00 Products/Completed Operations Aggregate, $1,000,000.00 Personal Injury & Advertising Limit $ 50,000.00 Fire Damage Limit $2,000,000.00 General Aggregate.

Said policy shall also:

1. (name) Bernards Township as additional Insured for Operations and Products/Completed Operations, which shall be primary and noncontributing with any insurance that may be carried by Bernards Township;

2. contain a provision or endorsement waiving subrogation against Bernards Township. 3. completed Operations coverage must be maintained for a minimum period of three years after the completion of

the work, ACKNOWLEDGEMENT: YES NO 2. Business Automobile Liability Insurance covering non-owned, hired, and owned vehicles for a limit of liability of not less than $1,000,000.00 each accident Combined Single Limit for Bodily Injury and Property Damage. ACKNOWLEDGEMENT: YES NO 3. Umbrella Liability Insurance for a limit of liability of not less than $5,000,000.00 each occurrence. Such insurance shall include, but not be limited to coverage excess of automobile liability, personal injury liability, property damage liability, bodily injury liability, blanket contractual liability, and products/completed operations under the Comprehensive or Commercial General Liability, Employers’ Liability and Automobile Liability. ACKNOWLEDGEMENT: YES NO 4. Workers Compensation will cover all of the CONTRACTOR’s employees directly or indirectly engaged in the performance of this CONTRACT. The insurance shall comply with the statutory requirements of the state of New Jersey and provide Employers’ Liability Insurance limits for not less than $500,000/$500,000/$500,000. ACKNOWLEDGEMENT: YES NO 5. Property insurance to insure CONTRACTOR’s own equipment, materials and tools that are used by the CONTRACTOR to perform services under this agreement. ACKNOWLEDGEMENT: YES NO 6. Where applicable, the CONTRACTOR shall purchase and maintain Professional Liability Insurance, which shall be written for a limit of liability of not less than $1,000,000.00 per claim with a maximum deductible of $100,000.00. Prior to commencement of work, CONTRACTOR shall submit a Certificate of Insurance to Bernards Township Purchasing Dept and a copy of the applicable additional insured endorsement and waiver of subrogation wording or endorsement as required hereunder. Failure to provide these documents is not to be construed as a waiver of the requirements to provide such insurance.

27

The CONTRACTOR shall provide 30 (thirty) days notice for cancellation, non-renewal or any material change in CONTRACTOR’S insurance policies to Bernards Township, with an exception of 10 days notice for non-payment of premium. INDEMNIFICATION The CONTRACTOR shall hold harmless, indemnify and defend Bernards Township and their respective officers, employees and representatives from any and all claims, losses or damages to person or property arising from, or alleged to arise from the negligent acts, errors or omissions of the Contractor, its representatives, agents or subcontractors. COMPANY ___________________________________________

_________________________________ _____________________ (Signature) (Title)

______________________ (Date)

28

Disputes Pursuant to N.J.S.A. 40A:11-50, all construction contract disputes arising under this agreement shall be submitted to a process of resolution pursuant to alternative dispute resolution practices, such as mediation, binding arbitration or non-binding arbitration, pursuant to industry standards, prior to being submitted to a court for adjudication. The specific type of alternate dispute resolution to be utilized shall be selected by the owner all costs payable to the mediator or arbitrator(s) shall be paid exclusively by the contractor. Owner shall bear none of the alternative dispute resolution costs. Any alternative dispute resolution shall be conducted at the Bernards Township Municipal Building, One Collyer Lane, Basking Ridge, NJ 07920. Nothing in this Article shall prevent the Owner from seeking injunctive or declaratory relief in court at any time. The alternative dispute resolution practices require by this Article shall not apply to disputes concerning the bid solicitation or award process or to the formation of contracts or subcontracts to be entered into pursuant to N.J.S.A. 40A:11-50. The joiner of parties to any dispute hereunder shall be governed by the provision of P.L. 1997, c.371.

29

Sample Contract THIS AGREEMENT made this day of , , by and between: The TOWNSHIP OF BERNARDS, in the County of Somerset, a municipal corporation of the State of New Jersey, hereinafter designated as “Contracting Unit or Owner,” and , having its principal place of business at hereinafter designated as the “Contractor.” THE PROJECT is the entire work to be performed under the Contract for the: including the:

BASE BID $ Alternate Bid No. 1 $ Alternate Bid No. 2 $ Alternate Bid No. 3 $ TOTAL CONTRACT SUM $

NOTE: AS PROVIDED BY THE LOCAL PUBLIC CONTRACT LAW 40A:11-15(8), THIS IS A ONE (1) YEAR CONTRACT WHICH MAY BE EXTENDED FOR FOUR (4) ADDITIONAL YEARS IF PERFORMANCE IS SATISFACTORY AND FUNDS ARE APPROPRIATED IN THE ANNUAL BUDGET. THE BID UPON AWARD BY RESOLUTION SHALL BE CONSIDERED A FISCAL BID WITH RENEWAL DATE TO COINCIDE WITH THE DATE OF AWARD BY THE BERNARDS TOWNSHIP COMMITTEE. The Owner shall pay the Contractor in current funds for Contractor’s performance of the contract the Contract Sum of $ subject to additions and deductions as provided in the Contract Documents.

WITNESSETH: That the parties to these present, Owner and Contractor, for themselves and for their successors and assigns, each in the consideration for the undertaking, premises, and agreements on the part of the other herein contained, do convent, undertake, promise, and agree as set forth below. Article I - Scope of Work - The Contract Documents The owner agrees to provide those services and to perform that work specifically detailed in the accompanying Proposal, all in accordance with the Contract Documents. The Instruction to Bidders, General Conditions, Supplementary General Conditions, and the Special Conditions of the Contract, Technical Specifications and all documents referenced therein are made part hereof and are specifically incorporated herein by reference (the “Contract Documents”). The Contract Documents are expressly defined in Article X. The Contract Documents represent the entire and integrated agreement between the parties and supersedes prior negotiations, representations or agreements, either written or oral. The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be responsibility of others. Article II - Date of Commencement And Substantial Completion The work to be completed under this Contract shall be commenced not later than 10 calendar days after the Notice to Proceed Date has been given to the Contractor by the Director of Public Works and shall be completed within 90 days from the day of commencement of the work. Article III – Business Registration Certificate N.J.S.A. 52:32-44 imposes the following requirements on contractors and all subcontractors that knowingly provide goods or perform services for a contractor fulfilling this contract: 1) the contractor shall provide written notice to its subcontractors to submit proof of business registration to the contractor; 2) prior to receipt of final payment from a contracting agency, a contractor must submit to the contracting agency an accurate list of all subcontractors or attest that none was used; 3) during the term of this contract, the contractor and its affiliates shall collect and remit, and shall notify all subcontractors and their affiliates that they must collect and remit to the Director, New Jersey Division of Taxation, the use tax due pursuant to the Sales and Use Tax Act, (N.J.S.A. 54:32B-1 et seq.) on all sales of tangible personal property delivered into this State.

A contractor, subcontractor or supplier who fails to provide proof of business registration or provides false business registration information shall be liable to a penalty of $25 for each day of violation, not to exceed $50,000 for each

30

business registration not properly provided or maintained under a contract with a contracting agency. Information on the law and its requirements is available by calling (609) 292-9292. Article IV – Affirmative Action During the performance of this contract, the contractor agrees as follows: The contractor or subcontractor, where applicable, will not discriminate against any employee or applicant for employment because of age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Except with respect to affectional or sexual orientation and gender identity or expression, the contractor will ensure that equal employment opportunity is afforded to such applicants in recruitment and employment, and that employees are treated during employment, without regard to their age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Such equal employment opportunity shall include, but not be limited to the following: employment, up-grading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Public Agency Compliance Officer setting forth provisions of this nondiscrimination clause. The contractor or subcontractor, where applicable will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. The contractor or subcontractor, where applicable, will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer advising the labor union or workers' representative of the contractor's commitments under this act and shall post copies of the notice in conspicuous places available to employees and applicants for employment. The contractor or subcontractor, where applicable, agrees to comply with any regulations promulgated by the Treasurer, pursuant to N.J.S.A. 10:5-31 et seq., as amended and supplemented from time to time and the Americans with Disabilities Act. When hiring or scheduling workers in each construction trade, the contractor or subcontractor agrees to make good faith efforts to employ minority and women workers in each construction trade consistent with the targeted employment goal prescribed by N.J.A.C. l7:27-7.2; provided, however, that the Division may, in its discretion, exempt a contractor or subcontractor from compliance with the good faith procedures prescribed by the following provisions, A, B and C, as long as the Division is satisfied that the contractor or subcontractor is employing workers provided by a union which provides evidence, in accordance with standards prescribed by the Division, that its percentage of active "card carrying" members who are minority and women workers is equal to or greater than the targeted employment goal established in accordance with N.J.A.C. l7:27-7.2. The contractor or subcontractor agrees that a good faith effort shall include compliance with the following procedures: (A) If the contractor or subcontractor has a referral agreement or arrangement with a union for a construction trade, the

contractor or subcontractor shall, within three business days of the contract award, seek assurances from the union that it will cooperate with the contractor or subcontractor as it fulfills its affirmative action obligations under this contract and in accordance with the rules promulgated by the Treasurer pursuant to N.J.S.A. 10:5-31 et. seq., as supplemented and amended from time to time and the Americans with Disabilities Act. If the contractor or subcontractor is unable to obtain said assurances from the construction trade union at least five business days prior to the commencement of construction work, the contractor or subcontractor agrees to afford equal employment opportunities minority and women workers directly, consistent with this chapter. If the contractor's or subcontractor's prior experience with a construction trade union, regardless of whether the union has provided said assurances, indicates a significant possibility that the trade union will not refer sufficient minority and women workers consistent with affording equal employment opportunities as specified in this chapter, the contractor or subcontractor agrees to be prepared to provide such opportunities to minority and women workers directly, consistent with this chapter, by complying with the hiring or scheduling procedures prescribed under (B) below; and the contractor or subcontractor further agrees to take said action immediately if it determines or is so notified by the Division that the union is not referring minority and women workers consistent with the equal employment opportunity goals set forth in this chapter.

31

(B) If good faith efforts to meet targeted employment goals have not or cannot be met for each construction trade by

adhering to the procedures of (A) above, or if the contractor does not have a referral agreement or arrangement with a union for a construction trade, the contractor or subcontractor agrees to take the following actions:

(1) To notify the public agency compliance officer, the Division, and minority and women referral organizations listed

by the Division pursuant to N.J.A.C. 17:27-5.3, of its workforce needs, and request referral of minority and women workers;

(2) To notify any minority and women workers who have been listed with it as awaiting available vacancies;

(3) Prior to commencement of work, to request that the local construction trade union refer minority and women

workers to fill job openings, provided the contractor or subcontractor has a referral agreement or arrangement with a union for the construction trade;

(4) To leave standing requests for additional referral to minority and women workers with the local construction trade union, provided the contractor or subcontractor has a referral agreement or arrangement with a union for the construction trade, the State Training and Employment Service and other approved referral sources in the area;

(5) (If it is necessary to lay off some of the workers in a given trade on the construction site, layoffs shall be conducted in compliance with the equal employment opportunity and non-discrimination standards set forth in this regulation, as well as with applicable Federal and State court decisions;

(6) To adhere to the following procedure when minority and women workers apply or are referred to the contractor or

subcontractor: (i) If said individuals have never previously received any document or certification signifying a level of

qualification lower than that required in order to perform the work of the construction trade, the contractor or subcontractor shall in good faith determine the qualifications of such individuals. The contractor or subcontractor shall hire or schedule those individuals who satisfy appropriate qualification standards in conformity with the equal employment opportunity and non-discrimination principles set forth in this chapter. However, a contractor or subcontractor shall determine that the individual at least possesses the requisite skills, and experience recognized by a union, apprentice program or a referral agency, provided the referral agency is acceptable to the Division. If necessary, the contractor or subcontractor shall hire or schedule minority and women workers who qualify as trainees pursuant to these rules. All of the requirements, however, are limited by the provisions of (C) below.

(ii) The name of any interested women or minority individual shall be maintained on a waiting list, and shall be considered for employment as described in paragraph (i) above, whenever vacancies occur. At the request of the Division, the contractor or subcontractor shall provide evidence of its good faith efforts to employ women and minorities from the list to fill vacancies.

(iii) If, for any reason, said contractor or subcontractor determines that a minority individual or a woman is not qualified or if the individual qualifies as an advanced trainee or apprentice, the contractor or subcontractor shall inform the individual in writing of the reasons for the determination, maintain a copy of the determination in its files, and send a copy to the public agency compliance officer and to the Division.

(7) To keep a complete and accurate record of all requests made for the referral of workers in any trade covered by

the contract, on forms made available by the Division and submitted promptly to the Division upon request.

(C) The contractor or subcontractor agrees that nothing contained in (B) above shall preclude the contractor or subcontractor from complying with the union hiring hall or apprenticeship policies in any applicable collective bargaining agreement or union hiring hall arrangement, and, where required by custom or agreement, it shall send journeymen and trainees to the union for referral, or to the apprenticeship program for admission, pursuant to such agreement or arrangement. However, where the practices of a union or apprenticeship program will result in the exclusion of minorities and women or the failure to refer minorities and women consistent with the county employment goal, the contractor or subcontractor shall consider for employment persons referred pursuant to (B) above without regard to such agreement or arrangement; provided further, however, that the contractor or subcontractor shall not be required to employ women and minority advanced trainees and trainees in numbers which result in the employment of advanced trainees and trainees as a percentage of the total workforce for the construction trade, which percentage

32

significantly exceeds the apprentice to journey worker ratio specified in the applicable collective bargaining agreement, or in the absence of a collective bargaining agreement, exceeds the ratio established by practice in the area for said construction trade. Also, the contractor or subcontractor agrees that, in implementing the procedures of (B) above, it shall, where applicable, employ minority and women workers residing within the geographical jurisdiction of the union.

After notification of award, but prior to signing a construction contract, the contractor shall submit to the public agency compliance officer and the Division an initial project workforce report (Form AA 201) provided to the public agency by the Division for distribution to and completion by the contractor, in accordance with N.J.A.C. 17:27-7. The contractor also agrees to submit a copy of the Monthly Project Workforce Report once a month thereafter for the duration of this contract to the Division and to the public agency compliance officer.

The contractor agrees to cooperate with the public agency in the payment of budgeted funds, as is necessary, for on-the-job and/or off-the-job programs for outreach and training of minorities and women.

(D) The contractor and its subcontractors shall furnish such reports or other documents to the Division of Public Contracts

Equal Employment Opportunity Compliance as may be requested by the Division from time to time in order to carry out the purposes of these regulations, and public agencies shall furnish such information as may be requested by the Division of Public Contracts Equal Employment Opportunity Compliance for conducting a compliance investigation pursuant to Subchapter l0 of the Administrative Code (NJAC 17:27).

Article V - Time Is of the Essence The equipment and work herein specified must be delivered substantially completed by the Contractor according to the following schedule of work items:

Items to Be Completed Allowable Calendar Days after Notice to Proceed for Substantial

Completion

Liquidated Damages Pursuant to

N.J.S.A.40A:11-19 All contract items. $ per day $ per day $ per day

Prior to the initiation of work the Contractor shall provide the with a detailed construction schedule. Any deviation from this schedule shall require written documentation from the Contractor to the stating reasons for change in schedule accompanied by a revised schedule. Any extension of time for completion of the job must be granted by resolution of the Township Committee and application, therefore, must be made to the before the completion date to enable the authorization to be obtained. Any extension of time beyond the date fixed for completion or the doing and acceptance of any part of the work called for by the Contractor shall not be deemed a waiver by the Owner of its right to annul or terminate the Contractor for abandonment or delay in the manner provided for by the terms of the Contract, nor relieve the Contractor of any responsibility. Pursuant to N.J.S.A. 40A: 11-19, the Contractor shall pay to the Owner by way of liquidated and ascertained damages, and not as a penalty, the sum indicated above, for each calendar day for work covered by the Contract for each and every day on which there is a delay beyond the date named for completion of the Contract to compensate the Owner for the loss sustained by reason of inability to meet other schedules, to enter into possession, or on account of failure to complete the Contract and such sums shall be deducted from any money which may be due or become due thereon, or may be recovered by way of legal action. The Contractor shall not be entitled to any claim for damages on account of hindrances or delays from any cause whatsoever, but if occasioned by any Act of God, other than normal weather, or by any act or omission on the part of the Owner or Township Engineer, such act, hindrance, or delay may be entitled the Contractor to extension of time in which to complete the work which shall be determined by the Township . Failure of the Contractor to give written notice to the Township of a claim for extension, stating the basis therefore, within ten days after the occurrence of the act or omission, which causes the delay or hindrance, shall constitute a waiver of any claim for such extension.

33

No extension of time shall be allowed for any delay from any cause whatsoever unless the Contractor shall have notified the Township in writing for such delay and if his intention to claim an extension of time, within five days after the beginning of such delay. Such notice shall give complete information concerning the nature, extent and cause of delay. The Contractor agrees to make no claim for damages for delay in the performance of the Contract occasioned by any act or omission of the Owner, Township or any of their representatives and agrees that such a claim shall be fully compensated for by an extension of time to complete performance of the work as provided herein. Work may be performed during the hours of 8 A.M. and 4 P.M. on weekdays only or as otherwise stated herein. Article VI - Progress Payments Based upon Applications for Payments submitted to the Owner, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Pursuant to P.L. 199, Chapter 133 (C.2A:30A-1), payment of construction contracts to prime contractors requires approval by the Township Committee of Bernards Township once submitted and reviewed for compliance and certification by the responsible department(s). Once approval and certification are obtained by the prime contractor through the Township, said contractor is entitled to payment not more than 30 calendar days after the periodic billing date specified in the contract, except that a contractor will not be paid by Bernards Township within that 30 day period if the Bernards Township Committee is required to vote approval of each periodic payment, final payment or retainage monies, in which instance, the amount due and approved may be paid during the Township Committee’s subsequent payment cycle. Billing is deemed approved and certified 20 days after the Township has received it unless the Township provides, before the end of the 20-day period, a written statement of the amount withheld and its reasons for withholding payment. Any contractor not paid may, after providing seven calendar days’ written notice to the Township, suspend performance of a construction contract without penalty for breach of contract but only: (1) until payment is made, if the contractor is not paid; (2) if the contractor is not provided a written statement of the amount withheld; and (3) the Township is not engaged in a good faith effort to resolve the reason for withholding. If this contract involves the improvement of structures, any disputes regarding whether a party has failed to make payments pursuant to this section may be submitted by Bernards Township to a process of alternative dispute resolution in a forum selected by Bernards Township, or, in the alternative, Bernards Township may elect to submit to the court for adjudication. Alternative dispute resolution does not apply to disputes concerning bid solicitation or award process or to the formation of contracts or subcontracts. The rights and remedies provided within this section for contractors shall be in addition to other remedies provided pursuant to any other provision of State law. No provision of this section shall be construed as restricting any State or federal law rights or remedies to an owner who is a resident homeowner or purchaser with respect to real property being improved. The relevant interest rates that are applicable if Bernards Township is delinquent in payment shall not apply to any transportation projects as defined in section 3 of P.L. 1984, c.73 (C.27:1B-3), if the project receives federal funding and Bernards Township has been notified by the federal government that it will be classified as a high risk grantee pursuant to 49 C.F.R. 18.13. Payment approval by the Bernards Township Committee will be made at the 2nd and 4th Tuesday of each month. Scheduled dates in 2012 for payment approval are as follows: January 15, 2013, January 29, 2013, February 12, 2013, February 26, 2013, March 12, 2013, April 9, 2013, April 23, 2013, May 14, 2013, May 28, 2013, June 11, 2013, June 25, 2013, July 9, 2013, July 23, 2013, August 13, 2013, August 27, 2013, September 10, 2013, September 24, 2013, October 15, 2013, October 29, 2013, November 12, 2013, November 26, 2013, December 10, 2013 and December 26, 2013. . Article VII – Indemnification The Contractor agrees to indemnify, defend, and save the Owner and all of its officers, agents and employees harmless from liability and legal defense costs which may arise out of its suits, actions and claims brought for or on account of any injuries or damages received or sustained by any person, persons, or property, or from the said Contractor, or by or in consequence of any neglect or omission on the part of the Contractor or his or its agent or employees. The various lump sum prices of the Base Bid and the Various Alternate Bids and Contract sum quoted includes all labor, material, and equipment, the payment of all claims and obligations and whatever else is necessary to complete the Contract to the satisfaction of the Township . Article VIII – Performance and Payment Bonds Contractor shall furnish Owner with the required Performance and Payment Bonds in the format included within this bid package. Owner will accept no substitutions.

34

Article IX- Termination of Contract The Owner as provided herein may terminate the Contract. The Owner may terminate the Contract if the Contractor: 1. Persistently or repeatedly refuses or fails to supply enough properly skilled workers or proper materials; 2. Fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements

between the Contractor and the Subcontractors; 3. Persistently disregards laws, ordinances, or rules, regulations or orders of a public authority having jurisdiction; or 4. Otherwise is guilty of a material breach of a provision of the Contract Documents. When any of the above reasons exist, the Owner may without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor’s surety, if any, days written notice, terminate employment of the Contractor and may, subject to any prior rights of the surety: 1. Take possession of this site and all materials, equipment, tools and construction equipment and machinery thereon

owned by the contractor; 2. Accept assignment of subcontractors; 3. Finish the Work by whatever reasonable method the Owner may deem expedient. When the Owner terminates the Contract for one of the reasons stated, the Contractor shall not be entitled to receive further payment until the work is finished and any dispute fully adjudicated. If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for services and expenses made necessary thereby, such excess shall be paid to the Contractor. If such cost exceeds the unpaid balance, the Contractor shall pay the difference to the Owner. Article X – Mediation/Arbitration Pursuant to N.J.S.A. 40A:11-50, all construction contract disputes arising under this agreement shall be submitted to a process of resolution pursuant to alternative dispute resolution practices, such as mediation, binding arbitration or non-binding arbitration, pursuant to industry standards, prior to being submitted to a court for adjudication. The specific type of alternate dispute resolution to be utilized shall be selected by the owner all costs payable to the mediator or arbitrator(s) shall be paid exclusively by the contractor. Owner shall bear none of the alternative dispute resolution costs. Any alternative dispute resolution shall be conducted at the Bernards Township Municipal Building, One Collyer Lane, Basking Ridge, NJ 07920. Nothing in this Article shall prevent the Owner from seeking injunctive or declaratory relief in court at any time. The alternative dispute resolution practices require by this Article shall not apply to disputes concerning the bid solicitation or award process or to the formation of contracts or subcontracts to be entered into pursuant to N.J.S.A. 40A:11-50. Article XI- Enumeration of the Contract Documents The Contract Documents, except for Modification issued after execution of this Agreement, are as follows:

Document Date Pages Specifications Volume and Project Index Bid Drawings, Sheets 1-4 Notice to Bidders Resolution Addendum #1 Addendum #2 Addendum #3 Contractor’s Bidding Documents Performance Bonds (when issued)

35

Insurance Certificates (when issued) Change Orders (when issued) Supplementary Drawings (when issued) Field Memos (when issued) The Contract Documents enumerated above are hereby made part of this Contract as thought they were physically attached hereto, and by execution of this Contract the Contractor acknowledges that he has examined them and is familiar with the contents of the said Contract Documents. To the extent of inconsistency between the Contract Documents and this Agreement herein, this Agreement shall govern. ARTICLE XII. INSURANCE (A) The Contractor shall purchase and maintain Professional Liability Insurance, which shall be written for a limit of

liability of not less than $1,000,000.00 per claim with a maximum deductible of $100,000.00. (B) The Contractor shall purchase and maintain such insurance as will protect it from the claims set forth below which

may arise out of or result from its operations under this Agreement whether such operations be by the Consultant or by any subconsultant or by anyone directly or indirectly employed by the Consultant or by anyone for whose acts the Consultant may be liable:

(1) Claims under worker's compensation, disability benefit and other similar employee benefit acts which are

applicable to the work to be performed in amounts as required by State statute; (2) Claims for damages because of bodily injury, or death of any person other than its employees; and

(C) The Contractor’s Comprehensive General and Automobile Liability Insurance shall be written for not less than the

limits of liability as follows:

Comprehensive General Liability Bodily Injury , Personal Injury and Property Damage Liability for limits of not less than:

$ 2,000.000.00

General Aggregate

$1,000,000.00 Each Occurrence $1,000,000.00 Products/Completed

Operations Aggregate Comprehensive Automobile Liability Combined Single Limit $ 1,000,000.00 Each Occurrence

(D) Commercial General Liability and /or Automobile Liability Insurance may be arranged under a single policy for the full limits required or by a combination of underlying policies with the balance provided by an Excess or Umbrella Liability policy.

(E) The Workers Compensation insurance shall be written for State of New Jersey Statutory benefits and Employer’s

Liability. (F) Indemnification. The Contractor shall hold harmless, indemnify and defend the Contracting Unit and their respective

officers, employees and representatives from any and all claims, losses or damages to person or property arising from, or alleged to arise from the negligent acts, errors or omissions of the Contractor, its representatives, agents or subcontractors.

Article XIII- Pay to Play Language "Contractor shall comply with New Jersey's Pay-to-Play statute, N.J.S.A. 19:44A-20.4, et seq., and any ordinances adopted by the Township thereunder. In this regard, the Contractor agrees to submit all disclosure documentation required by the Township in compliance with said Pay-to-Play statute and any ordinances adopted by the Township thereunder. This contract has been awarded to Contractor through a "fair and open process" pursuant to N.J.S.A. 19:44A-20.4, et seq. Accordingly, no disclosure documentation is required."

36

IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals, or caused these presents to be signed by their proper corporate officers and their corporate seal to be hereto affixed this day of , .

ATTEST: TOWNSHIP OF BERNARDS IN THE COUNTY OF SOMERSET

Denise Szabo, Township Clerk

, Mayor

ATTEST:

37

SPECIFICATIONS

Bernards Township’s telecommunications are currently serviced by a hosted VOIP system, with communication link via Verizon FIOS. The township VOIP PBX service currently consists of the following locations:

Municipal Building-1 Collyer Avenue – Health Building – 262 S. Finley Ave. – Engineering Building-277 S. Maple Ave.. – The three locations listed above are connected with a fiber connection each from 1 Collyer Lane to the other two locations for data and voice connectivity. This PBX currently has a minimum of 117 mailboxes, 94 extensions, 177 phone numbers in total. The phones in place consist of POLYCOM IP501 and IP601, non-POE. Separate PBX’s are via Hosted VoIP at the following locations: Bernards Township Library – 32 S. Maple Ave. – Not connected to the Municipal Building via fiber. This PBX consists of a minimum of 39 mailboxes, 22 extensions, and 4 phone numbers in total. The phones in place consist of POLYCOM IP501 and IP601 POE. Bernards Township Police Department – 1 Collyer Lane – Connected to the Municipal Building via fiber. This PBX consists of a minimum of 42 mailboxes, 32 extensions, and 72 phone numbers in total. The phones in place consist of POLYCOM PSP450 and PSP650.

Bernards Township is looking for a hosted voice over IP solution for both PBX for the following reasons:

1. Total redundancy and security by having the telephone and voicemail hardware located in a remote Central Office in case of electrical and/or internet outages. Bernards Township wants all incoming calls to be answered and forwarded immediately to emergency phones set up for this occurrence during an emergency.

2. Remote access via an easy-to-use web portal for administrative and user changes to services and set up.

3. Scalability of system without the necessity to order and install additional significant hardware or software when additional employees are added.

4. Adds, moves and changes to be accomplished by Township staff eliminating the expense and wait time for outside vendors to accomplish move, addition or deletion of phones and to eliminate the significant expense of equipment maintenance contracts.

5. The ability to easily connect remote workers to the system with full telephone system features and benefits.

6. Detailed Call Records showing both incoming and outgoing calls 7. Compatible with current configurations and hardware in place

Call Traffic – Minutes Local Minutes per year – IntraLata Minutes per year – 120,000 IntraState Minutes per year – 10,000 InterState Minutes per year – 18,000

38

Mandatory Features of Hosted VoIP PBX Communication System

Auto Attendant Features

1. Full Auto Attendant 2. Delayed Auto Attendant 3. Multi-level Attendant 4. Call Routing based on Time of Day, Holiday Hours, Night Service

Call Management

1. Auto Attendant Answering 2. Live Person Answering 3. Direct-Inward Dialing – Direct to a phone/sub-attendant/voicemail box 4. Caller ID Name/Number – 5. Individual mailboxes 6. Guest Mailboxes (not associated with a phone) 7. Voicemail convert to Email capability 8. Voicemail convert to Text Message capability 9. Station Hunt Groups for Group Answering 10. Find Me/Follow Me – individual user programmable through web portal 11. Call Hold 12. Call Transfer-Attended 13. Call Transfer-Blind 14. Call Forwarding – No Answer and Busy 15. Incoming Call Blocking 16. Incoming Privacy Screening 17. Outgoing Call Block 18. One-Button Redial 19. Do-Not-Disturb 20. Speed Dialing 21. Company Wide Directory 22. Three-Way Conferencing 23. Conference Bridge 24. Music-On-Hold – downloadable from Mp3 or upload through web portal 25. Call Log with Dial from Log

Call Recording

1. Call Detail Records – real-time call records including from, to, call duration, date and time and call type

2. Call Volume Graphs by time of day, month, year or custom dates 3. Call traffic by extension (programmable by Admin).

Equipment and Wiring

1) System needs to be compatible with POLYCOM phones currently in place. 2) Wiring for phones already in place

All proposals will be screened for thoroughness and responsiveness to this RFB. This request for proposal is in no way an agreement, obligation, or contract and in no way is the Township responsible for the cost of preparation. The township reserves the unqualified right to accept or reject any and all proposals received as a result of this request, or to negotiate separately with competing proposers simultaneously, and to waive any informalities, defects, or irregularities in any proposal.

39