TOWNSHIP OF PENNSAUKEN 5605 NORTH CRESCENT BOULEVARD PENNSAUKEN, NJ Bid Packet 19-09

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1 Mayor Jack Killion Deputy Mayor Rick Taylor Marco DiBattista, Township Committee Betsey McBride, Township Committee Jessica Rafeh, Township Committee John Kneib, Administrator Ron Crane, Chief Financial Officer Adrian Casey, Purchasing Agent TOWNSHIP OF PENNSAUKEN 5605 NORTH CRESCENT BOULEVARD PENNSAUKEN, NJ Bid Packet 19-09

2 TOWNSHIP OF PENNSAUKEN CAMDEN COUNTY, NEW JERSEY NOTICE TO BIDDERS Notice is hereby given that sealed bids will be received by the Township of Pennsauken on April 17, 2019 at 9:30 prevailing time at the Pennsauken Municipal Building, 5605 North Crescent Blvd. Pennsauken, NJ at which time and place proposals will be opened and read in public for: Bid 19-09: The Township of Pennsauken is seeking proposals for Police Uniforms. Award shall be made for an initial one (1) year base term with one (1) optional one (1) year extension. Proposals must be made on the standard proposal forms, be enclosed in a sealed package bearing the name and address of the bidder and Bid #, Bid Title and Respondent Name on the outside, addressed to Adrian Casey, Purchasing Agent at the address above. Specifications and Proposal forms are on file in the office of the Township Clerk and may be obtained during regular hours from 8:30 am and 4:30 pm Monday through Friday. Cost is $20.00 ($25.00 if mailed) and is non-refundable. They may also be downloaded from the Township s website free of charge at Pursuant to N.J.S.A 40A:11-23c, Addenda may be issued for the bids. It is the sole responsibility of the respondent to be knowledgeable of all addenda related to this procurement. If bidders obtain a bid from the website, it is their responsibility to check the website and purchasing department prior to the bid opening to see if addenda have been issued. Copies of addenda or notice of same will be made available on the Township Website or will be faxed or sent via U.S. Mail to all registered vendors, bidders who pick up bid specifications from the Municipal Building or receive specifications from the Municipal Building or receive specifications by mail will automatically receive copies of addenda. A proposal form which is included with the specifications is to be completed and returned with the bid. The signed proposal forms must be delivered to the place on or before the hour named above. Bidders name, address and bid packet number must appear on the outside of a sealed envelope. The right is reserved to reject any or all proposals, in whole or in part, or to make awards to such bidder or bidders who, in the judgment of the Township Committee makes the most advantageous bid and to waive such informalities as may be permitted by law. 2

3 Bidders are required to comply with the requirements of N.J.S.A. 10:5-31 and N.J.A.C. 17:27 et seq. By order of the Township Committee of the Township of Pennsauken, in the County of Camden and the State of New Jersey. Adrian Casey, Purchasing Agent DATED: April 5,

4 Questions by prospective bidders concerning the bid may be addressed to Adrian Casey, QPA Purchasing Agent for the Township of Pennsauken in writing via or via fax (856) Please note the aforementioned contact is authorized only to direct the attention of prospective bidders to various portions of the contract so that they may read and interpret each portion for themselves. NO employee of the Township of Pennsauken is authorized to give interpretations of any portion of this bid or to give information as to the requirements for the bid in addition to that already contained in the bid unless as a formal addenda. Interpretations of the bid or additional information as to its requirements, when necessary, shall be communicated to bidders ONLY by written addendum issued by the Purchasing Agent of the Township of Pennsauken. 4

5 Township of Pennsauken General Instructions 1. SUMBISSION OF BID A. Sealed bids shall be received in accordance with public advertisement as required by law, a copy of said notice being attached hereto and made a part of these specifications. B. Each bid shall be submitted on the proposal form attached, in a sealed envelope: I. Addressed to the Purchasing Agent II. III. Bearing the name and address of the bidder on the outside. Clearly Marked Bid with the name of the item(s) being answered. Provide one (1) Original & two (2) copies of the response. C. It is the respondent s responsibility to see that Proposals are presented to the Purchasing Agent on the hour and at the place designated. Proposals may be hand delivered or mailed; however, the Township disclaims any responsibility for Proposals forwarded by regular or express mail. If the Bid is sent by express mail, the designation in B. above must also appear on the outside of the express company envelope. Proposals received after the designated time and date will be returned unopened. D. The Township reserves the right to postpone the date opening of Proposals and will give written notice of any such postponement to each prospective bidder as required by law. E. Multiple Proposals Not Accepted- More than one bid from and individual, a firm or partnership, a corporation or association under the same or different names shall not be considered. 2. BID SECURITY AND BONDING REQUIREMENTS The following provisions if indicated by an (X), shall be applicable to this bid and be made a part of the bid documents: A. BID GUARANTEE Bidder shall submit with the bid a certified check, cashier's check or bid bond in the amount of ten percent (10%) of the total price bid, but not in excess of $20,000, payable unconditionally to the owner. When submitting a Bid Bond, it shall contain Power of Attorney for full amount of Bid Bond from a surety company authorized to do business in the State of New Jersey and acceptable to the owner. The check or bond of the unsuccessful bidder(s) shall be returned pursuant to N.J.S.A. 40A:11-24a. The check or bond of the bidder to whom the contract is awarded shall be retained until a contract is executed and the required performance bond or other security is submitted. The check or bond of the successful bidder shall be forfeited if the bidder fails to enter into a contract pursuant to N.J.S.A. 40A: Failure to submit a bid guarantee shall result in rejection of the bid. 5

6 B. CONSENT OF SURETY Bidder shall submit with the bid a Certificate (Consent of Surety) with Power of Attorney for full amount of bid price from a Surety Company authorized to do business in the State of New Jersey and acceptable to the owner stating that it will provide said bidder with a Performance Bond in the full amount of the bid. This certificate shall be obtained in order to confirm that the bidder to whom the contract is awarded will furnish Performance and Payment Bonds from an acceptable surety company on behalf of said bidder, any or all subcontractors or by each respective subcontractor or by any combination thereof which results in performance security equal to the total amount of the contract, pursuant to N.J.S.A. 40A: Failure to submit a consent of surety form shall result in rejection of the bid. C. PERFORMANCE BOND Bidder shall simultaneously with the delivery of the executed contract, submit an executed bond in the amount of one hundred percent (100%) of the acceptable bid as security for the faithful performance of this contract. The performance bond provided shall not be released until final acceptance of the whole work and then only if any liens or claims have been satisfied. The surety on such bond or bonds shall be a duly authorized surety company authorized to do business in the State of New Jersey pursuant to N.J.S.A. 17:31-5. Failure to submit this with the executed contract shall be cause for declaring the contract null and void pursuant to N.J.S.A. 40A: QUOTATIONS, PROPOSALS AND FORMS A. The Township of Pennsauken is exempt from any local, state, or federal sales, use or excise tax. Township of Pennsauken will not pay service charges such as interest and late fees. The Federal Employer s identification for the Township of Pennsauken is IRS# B. The Township of Pennsauken or any of its office and divisions will not complete credit applications as a result of contract(s) resulting from award based on these specifications. C. Proposals must be signed in ink by the bidders; all quotations shall be made with a typewriter or pen and ink. Any quotations showing any erasure alteration must be initialed by the bidder in ink. Unit prices and total are to be inserted in spaces provided. D. Failure to sign and give all information in the bid may result in the bid being rejected. E. Estimated Quantities (Open End Contracts, Purchase as needed) The Township has attempted to identify the item(s) and the estimated amounts of each item bid to cover its requirements: however, past experience shows that the amount ordered may be different than that submitted for bidding. The 6

7 right is reserved to decrease or increase the quantities specified in the specifications pursuant to Statute. NO MINIMUM PURCHASE IS IMPLIED OR GUARANTEED. F. Insert prices for furnishing all of the material described. Prices shall be met including all transportation charges fully prepaid by the contractor (FOB destination, freight prepaid) and placement as designated by the Township. No additional charges will be allowed for any transportation costs resulting from partial shipments made at vendors convenience when a single shipment is ordered. G. Any respondent may withdraw his bid at any time before the time set for receipt of Proposals. No bid may be withdrawn in the sixty (60) day period after the Proposals are received. H. All forms shall be completed and attached to the bid proposal. 4. INTERPRETATIONS AND ADDENDA A. The respondent understands and agrees that its bid is submitted on the basis of the specifications prepared by the Township. The respondent accepts the obligation to become familiar with these specifications. B. Bidders are expected to examine the specifications and related documents with care and observe all their requirements. Ambiguities, errors or omissions noted by bidders should be promptly reported in writing to the Purchasing Agent. In the event the bidder fails to notify the Township of such ambiguities, errors or omissions, the bidder shall be bound by the RFP. C. No oral interpretation of the meaning of the specifications will be made to any vendor. Every request for an interpretation must be received at least ten (10) days prior to the date fixed for opening of the Proposals. Any and all such interpretations and any supplemental instructions will be in the form of written addenda to the specifications, and will be distributed to all prospective vendors, in accordance with the Statute. Addenda so issued shall become part of the contract documents, and shall be acknowledged by the bidder in the proposal. The Township s interpretations or corrections thereof shall be final. D. If the amount shown in words and its equivalent figures do not agree, the written words shall be binding. Ditto marks are not considered writing or printing and shall be used. E. In the event that there is a discrepancy between the unit prices and the extended totals, the unit prices shall prevail. In the event there is an error of the summation of the extended totals, the computation by the Township of the extended totals shall govern. 5. BRAND NAMES, STANDARDS OF QUALITY AND PERFORMANCE A. Brand names and/or descriptions used in these specifications are to acquaint bidders with the types of goods and services desired and will be used as a standard by which goods and services offered as equivalent will be evaluated. B. Variations between the goods and services described and the goods and services offered are to be fully identified and described by the bidder on a 7

8 separate sheet and submitted with the bid proposal form. Vendor literature WILL NOT suffice in explaining exceptions to these specifications. In the absence of any exceptions by the bidder, it will be presumed and required that the goods and services as described in the bid specification be provided or performed. C. It is the responsibility of the bidder to document and/or demonstrate the equivalency of the goods and services offered. The owner reserves the right to evaluate the equivalency of the goods and services. D. In submitting its bid, the bidder certifies that the goods and services to be furnished will not infringe upon any valid patent or trademark and that the successful bidder shall, at its own expense, defend any and all actions or suits charging such infringement, and will save the owner harmless from any damages resulting from such infringement E. Only manufactured and farm products of the United States, wherever available, shall be used pursuant to N.J.S.A. 40A:11-18 F. The contractor shall guarantee any or all goods and services supplied under these specifications. Defective or inferior goods shall be replaced at the expense of the contractor. The contractor will be responsible for return freight or restocking charges. G. Wherever practical and economical to the Township, it is desired that recycled or recyclable products be provided. Please indicate when recycled products are being offered. 6. AWARD A. The Township reserves the right to accept or reject any or all Proposals, to waive identified irregularities and technicalities, and to award in whole or in part to the lowest responsible vendor, if it is in the best interest of the Township to do so. Without limiting the generality of the foregoing, and RFP which is incomplete, obscure, or irregular may be rejected, any RFP having erasures or corrections in the price sheet may be rejected; any RFP in which unit prices are omitted, or in which unit/ total prices are unbalanced, may be rejected; and RFP accompanied by any insufficient or irregular certified check, cashier s check or bid bond may be rejected. B. The Township further reserves the right to award each item separately to the lowest responsible bidder meeting specifications or to make an award based on the total bid to the bidder whose total sum in the low bid meeting the specifications or to make an award based on the total bid to the bidder whose total sum is low bid meeting the specifications, whichever in the awarding authorities opinion is in the best interest of the Township. Without limiting the generality of the foregoing, the Township reserves the right to award a contract based on either option that may be described in the bid proposal or based on any combination thereof. C. The Township reserves the right to award equal or tie Proposals at their discretion to any one of the tie bidders. 8

9 D. Should the bidder, to whom the contract is awarded, fail to enter into a contract, the Township may then, at is option, accept the bid of the next lowest responsible bidder. E. The effective period of this contract will be twelve (12) months unless otherwise noted in the specifications. Continuation of the terms of this contract beyond the fiscal year is contingent on availability of funds in the following year s budget. In the event of unavailability of such funds, the Township reserves the right to cancel this contract. F. Government entities are not private business/consumer clients; therefore, separate company agreements are not honored. Terms of the specifications/bid package prevail unless otherwise noted by the vendor as exceptions. G. In the case of default by the bidder or contractor, the Township of Pennsauken may procure the articles or services from other sources and hold the bidder or contractor responsible for any excess costs occasioned thereby. 7. PREVAILING WAGE ACT (When Applicable) A. Pursuant to N.J.S.A. 34: et seq., contractors on projects for public work shall adhere to all requirements of the New Jersey Prevailing Wage Act. The contractor shall be required to submit a certified payroll record to the owner within ten (10) days of the payment of the wages. The contractor is also responsible for obtaining and submitting all subcontractors' certified payroll records within the aforementioned time period. The contractor shall submit said certified payrolls in the form set forth in N.J.A.C. 12:60-6.1(c). It is the contractor's responsibility to obtain any additional copies of the certified payroll form to be submitted by contacting the New Jersey Department of Labor and Workforce Development, Division of Workplace Standards. Additional information is available at 8. THE PUBLIC WORKS CONTRACTOR REGISTRATION ACT A. N.J.S.A. 34: et seq. requires that a general or prime contractor and any listed subcontractors named in the contractor s bid proposal shall possess a certificate at the time the bid proposal is submitted. After bid proposals are received and prior to award of contract, the successful contractor shall submit a copy of the contractor s certification along with those of all listed subcontractors. All non-listed subcontractors and lower tier subsubcontractors shall be registered prior to starting work on the project. It is the general contractor s responsibility that all non-listed sub-contractors at any tier have their certificate prior to starting work on the job. B. Under the law a contractor is a person, partnership, association, joint stock company, trust, corporation or other legal business entity or successor thereof who enters into a contract which is subject to the provisions of the New Jersey Prevailing Wage Act [N.J.S.A. 34: , et seq.] It applies to contractors based in New Jersey or in another state. 9

10 C. The law defines public works projects as contracts for "public work" as defined in the Prevailing Wage statute [N.J.S.A. 34: (5)]. The term means: 1. Construction, reconstruction, demolition, alteration, or repair work, or maintenance work, including painting and decorating, done under contract and paid for in whole or in part out of the funds of a public body, except work performed under a rehabilitation program. 2. Public work" shall also mean construction, reconstruction, demolition, alteration, or repair work, done on any property or premises, whether or not the work is paid for from public funds 3. Maintenance work" means the repair of existing facilities when the size, type or extent of such facilities is not thereby changed or increased. While maintenance includes painting and decorating and is covered under the law, it does not include work such as routine landscape maintenance or janitorial services. D. To register, a contractor must provide the State Department of Labor with a full and accurately completed application form. The form is available online at N.J.S.A. 34: specifically prohibits accepting applications for registration as a substitute for a certificate of registration. 9. NON-COLLUSION AFFIDAVIT A. The Affidavit shall be properly executed and submitted with the bid proposal. 10. NON-DISCRIMINATION A. There shall be no discrimination against any employee engaged in the work required to produce the commodities covered by any contract resulting from this bid, or against any applicant to such employment because of race, religion, sex, national origin, creed, color, ancestry, age, marital status, affectional or sexual orientation, familial status, liability for service in the Armed Forces of the United States, or nationality. This provision shall include but not limited to the following: employment upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The contractor shall insert a similar provision in all subcontracts for services to be covered by any contract resulting from this bid. 11. MANDATORY AFFIRMATIVE ACTION CERTIFICATION A. No firm may be issued a contract unless it complies with the affirmative action provisions of N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27-1 et seq. The following information summarizes the full, required regulatory text. B. Procurement, Professional and Service Contracts 1. ALL successful vendors must submit prior to an award of the contract one of the following: 10

11 i. A photocopy of their Federal Letter of Affirmative Action Plan Approval, ii. A photocopy of a Certificate of Employee Information Report approval, issued in accordance with N.J.A.C. 17:27-4; or iii. A photocopy of completed Affirmative Action Employee Information Report: AA302- available online at C. Construction Contracts 1. All successful contractors must submit prior to signing of the contracts an Initial Project Manning Report (AA201-available online at )for any contract award that meets or exceeds the bidding threshold NEW JERSEY WORKER AND COMMUNITY RIGHT TO KNOW ACT A. The manufacturer or supplier of chemical substances or mixtures shall label them in accordance with the N.J. Worker and Community Right to Know Law (N.J.S.A. 34:5A-1 et seq., and N.J.A.C 8:59-2 et seq.,). Containers that the law and rules require to be labeled shall show the Chemical Abstracts Service number of all the components and the chemical name. Further, all applicable Material Safety Data Sheets (MSDS) - hazardous substance fact sheet - must be furnished. 13. STOCKHOLDER DISCLOSURE A. N.J.S.A. 52: provides that no corporation or partnership shall be awarded any contract for the performance of any work or the furnishing of any goods and services, unless, prior to the receipt of the bid or accompanying the bid of said corporation or partnership, bidders shall submit a statement setting forth the names and addresses of all stockholders in the corporation or partnership who own ten percent or more of its stock of any class, or of all individual partners in the partnership who own a ten percent or greater interest therein. The included Statement of Ownership shall be completed and attached to the bid proposal. This requirement applies to all forms of corporations and partnerships, including, but not limited to, limited partnerships, limited liability corporations, limited liability partnerships and Subchapter S corporations. Failure to submit a stockholder disclosure document shall result in rejection of the bid. 14. ACQUISITION, MERGER, SALE AND/OR TRANSFER OF BUSINESS, ETC. A. It is understood by all parties that if, during the life of the contract, the contractor disposes of his/her business concern by acquisition, merger, sale and or/transfer or by any means convey his/her interest(s) to another party, all obligations are transferred to that new party. In this event, the new owner(s) will be required to submit all documentation/legal instruments that were required in the original bid/contract. Any change shall be approved by the Township. 11

12 B. The contractor will not assign any interest in the contract and shall not transfer any interest in the same without the prior written consent of the owner. 15. INSURANCE AND INDEMNIFICATION A. If it becomes necessary for the contractor, either as principal or by agent or employee, to enter upon the premises or property of the owner in order to construct, erect, inspect, make delivery or remove property hereunder, the contractor hereby covenants and agrees to take use, provide and make all proper, necessary and sufficient precautions, safeguards, and protection against the occurrence of happenings of any accident, injuries, damages, or hurt to person or property during the course of the work herein covered and be his/her sole responsibility. B. The contractor further covenants and agrees to indemnify and save harmless the owner from the payment of all sums of money or any other consideration(s) by reason of any, or all, such accidents, injuries, damages, or hurt that my happen or occur upon or about such work and all fines, penalties and loss occurred for or by reason of the violation of any owner regulation, ordinance or the laws of the State, or the United States while said work is in progress. C. The contractor shall maintain sufficient insurance to protect against all claims under Workers Compensation, General Liability and Automobile and shall be subject to approval for adequacy of protection and certificates of such insurance shall be provided with the owner named as additional insured. D. INSURNACE REQUIREMENTS 1. Workers Compensation insurance shall be maintained in full force during the life of the contract, covering all employees engaged in performance of the contract pursuant to N.J.S.A. 34:15-12(a) and N.J.A.C. 12: General Liability Insurance shall be provided with limits of not less than $1,000, any one person and $1,000, any one accident for bodily injury and $2,000, aggregate for property damage, and shall be maintained in full force during the life of the contract, and shall include provisions for thirty (30) days written notice of cancellation and/or modification of coverage. The Township of Pennsauken shall be included as an additional insured. 3. Automotive liability insurance covering contractor for claims arising from owned, hired and non-owned vehicles with limits of not less than $1,000, any one person and $1,000, any one accident for bodily injury and each accident for property damage, combined shall be maintained in full force during the life of the contract and shall include provisions for thirty (30) days written notice to the Township of cancellation and/or modifications of such policies, except for non-payment which would be ten (10) days, and the contractor/vendor shall provide the Township Administrator s Office with certificates of insurance evidencing such policies and provisions. 12

13 E. CERTIFICATES OF THE REQUIRED INSURANCE 1. Certificates of Insurance for those policies required above shall be submitted with the contract. Such coverage shall be with an insurance company authorized to do business in the State of New Jersey and shall name the owner as an additional insured. 2. Self-insured contractors shall submit an affidavit attesting to their selfinsured coverage and shall name the owner as an additional insured. F. INDEMNIFICATION 1. Bidder shall indemnify and hold harmless the owner from all claims, suits or actions, and damages or costs of every name and description to which the owner may be subjected or put by reason of injury to the person or property of another, or the property of the owner, resulting from negligent acts or omissions on the part of the contractor, the contractor's agents, servants or subcontractors in the delivery of goods and services, or in the performance of the work under the contract. 2. Township of Pennsauken will not accept Mutual Limitation of Liability terms. G. All policies maintained shall name the Township of Pennsauken as an additional insured and shall provide for thirty (30) days written notice to the Township of Pennsauken of cancellation and/or modifications of such policies, except for non-payment which would be ten (10) days, and the contractor/vendor shall provide the Township Administrator with certificates of insurance evidencing such policies and provisions. H. All insurance coverage must be in effect no later than 12:01 A.M. EST at the start of the day of the contract and remain in effect for the duration of the contract, including any extensions. 16. PAYMENT Payment will be made after a properly executed Township voucher has been received and formally approved on the voucher list by the Township Committee at its subsequent regular meeting. The voucher will be certified correct by the department head who received the goods or services. 17. TERMINATION A. DEFAULT- Non-performance of the Contractor in terms of specifications shall be a basis for termination of the contract by the Township. The Township may terminate the contract upon 30 days written notice to the Contractor. The Township shall not pay for any services and/or materials which are unsatisfactory. The contractor may be given a reasonable opportunity before termination to correct the deficiencies. This, however, shall in no way be construed as negating the basis for termination for non-performance. B. UNCONDITIONAL TERMINATION FOR CONVENIENCE- the Township may terminate the resultant contract for convenience by providing sixty (60) calendar days advance notice to the contractor. 13

14 C. TERMINATION FOR DEFAULT- If the Contractor fails to meet deadlines, or fails to provide the agreed upon services, and or material altogether, a termination for default will be issued, but only after the Township has determined the Contractor has failed to remedy the problem after being forewarned. D. TERMINATION BY THE TOWSHIP- If the Contractor should be adjudged bankrupt or should make a general assignment for the benefit of its creditors, or if a receiver should be appointed on account of its insolvency, the Township may terminate this contract. If the Contractor should persistently or repeatedly refuse or should fail, except in cases for which extension of time is provided, to provide enough properly skilled workers or proper materials, or persistently disregard laws and ordinances, or not proceed with work of this contract, the Township shall give the Contractor fifteen (15) calendar days written notice. Upon receipt of such termination notice, the Contractor shall be allowed seven (7) calendar days to cure such deficiencies. 18. ADDITIONS/DELETIONS OF SERVICE The Township reserves the right to add and/or delete services to this contract. Should a service requirement be deleted, payment to the Contractor will be reduced proportionally to the amount of service deleted in accordance with the bid price. Should additional services be required, payment to the Contractor will be increased proportionally to the amount of service added in accordance with the bid price. 19. Vendor s literature and/or pricing sheets will not be accepted in lieu of completing the proposal blank(s) set forth in these specifications. 20. Bidders shall not write in margins or alter the official content or requirements of the Township bid documents. 21. SPECIFICATIONS Any prospective vendor who wishes to challenge a bid specification shall file such challenges in writing with the contracting agent no less than three (3) business days prior to the opening of the Proposals. Challenges filed after that time shall be considered void and having no impact on the contracting unit or the award of the contract. 22. OWNERSHIP OF MATERIAL A. The owner 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 14

15 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. B. 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. All information supplied to the owner may be required to be supplied on CD_ROM media compatible with the owner s computer operating system, windows based, Microsoft Office. 23. AMENDMENTS TO NJSA 2C:21-33 et. Seq. Truth in Contracting New provisions of law govern false claims and representation. It is a serious crime for the vendor to knowingly submit a false claim and/or knowingly make material misrepresentation. There are enhanced penalties for areas of false claims, bid rigging and bribery, gratuities and gifts; and conflict of interest. Please consult the statute for further information. 24. PROOF OF BUSINESS REGISTRATION Certificate required pursuant to C57, PL2004. Certificate required pursuant to C57, PL2004: failure to be registered by time of contract may be cause for rejection. Entities or individuals that need to file for a certificate may do so online through the NJ Division of Local Government Services at the following link: PAY TO PLAY Starting in January, 2007, business entities are advised of their responsibility to file an annual disclosure statement of political contributions with the New Jersey Election Law Enforcement Commission (ELEC) pursuant to N.J.S.A. 19:44A if they receive contracts in excess of $50,000 from public entities in a calendar year. Business entities are responsible for determining if filing is necessary. Additional information on this requirement is available from ELEC at or at NON-ALLOCATION OF FUNDING TERMINATION Each fiscal year payment obligation of the Owner is conditioned upon the availability of Owner funds appropriated or allocated for the payment of such an obligation. If funds are not allocated and available for the continuance of any services performed by the Contractor hereunder, whether in whole or in part, the 15

16 Owner at the end of any particular fiscal year may terminate such services. The Owner will notify the Contractor in writing immediately of any services that will be affected by a shortage of appropriated funds. This provision shall not be construed so as to permit the Owner to terminate this Agreement during the term, or any service hereunder, merely in order to acquire identical services from a third party contractor. 27. NON-PAYMENT OF PENALTIES AND INTEREST ON OVERDUE BILLS Public funds may be used to pay only for goods delivered or services rendered. The Township will not pay penalties and/or interest on overdue bills. No employee is authorized to sign a letter of credit or any other document that represents a legal commitment on the part of the Township to pay additional fees. 28. FIRM FIXED CONTRACT This is a firm fixed contract, prices firm, FOB Township locations. No price escalation. The vendor shall void the contract and permit the Township to solicit open market pricing should any price increase or surcharge be imposed. 29. W-9 Successful bidder/respondent shall complete W-9 Form and submit to purchasing prior to contract award. The form is available at the following link: SOURCE OF SPECIFICATIONS/RFP/BID PACKAGES Official Township RFP and Bid packages for routine goods and services are available from at no cost to the vendor. There is a cost associated with picking up or mailing of packages. Potential vendors are cautioned that they are bidding at their own risk if a third party supplied the specifications that may or may not be complete. The Township is not responsible for third party supplied specifications. 31. IRAN INVESTMENTS P.L. 2012, c.25 prohibits State and local public contracts with persons or entities engaging in certain investment activities in energy or finance sectors of Iran. 16

17 TECHNICAL SPECIFICATIONS UNIFORMS FOR PERSONNEL OF THE PENNSAUKEN POLICE DEPARTMENT, PENNSAUKEN, NJ

18 It is the intent of this specification to provide the Township of Pennsauken with a supplier of uniform requirements as outlined below for Pennsauken. Quantities to be used during the contract period are unknown. FOR THE BASIS OF AWARD FOR THIS BID, THE QUANTITIY FOR EACH ITEM IS BASED ON PRIOR AVERAGES AND IS LISTED NEXT TO ITEM. The Contract shall be awarded to the overall lowest responsible bidder. Vendor is to give unit price as well as total cost for quantity listed. The Township shall be able to increase or decrease these quantities during the contract period. BIDDER MUST BE ABLE TO ACCOMMODATE ON-SITE FITTINGS AS REQUIRED BY THE TOWNSHIP OF PENNSAUKEN. SUCCESSFUL BIDDER SHALL MEASURE ALL OFFICERS AND MAINTAIN A FILE ON ALL OFFICERS MEASUREMENTS. FIT: The contractor shall be responsible for proper fit of all items. Bidder must be located within twenty (20) mile radius of the Pennsauken Police Department to be serviced by this contract. If the bidder is outside the twenty (20) mile radius they must be able to accommodate fittings as required by employees at the Pennsauken Police Department. Township of Pennsauken shall be the sole judge as to proper fit of uniforms and all alterations required shall be made without charge to the Township. Any misfits or alterations that cannot be adjusted to the satisfaction of the Township, after two attempts by the contractor, shall result in the rejection of the clothing, and the contractor shall be required to furnish new garments. Alterations must be completed within forty-eight (48) hours. Any garments not properly altered within this time may be taken to an independent tailor for modification and the costs incurred deducted from the cost of the garment. GENERAL CONSTRUCTION AND WORKMANSHIP: All workmanship used in the manufacture and construction of the garments listed herein shall be representative of the very best commercial practice. The specifications listed herein are to provide a guide, as nearly as possible, to the style and type of clothing which will be required. Any and all garments furnished under any contract resulting from this bid shall be subject to inspection by sample. It shall be the contractor s responsibility to replace any and all garments that fail to conform to specifications and samples. APPROVED EQUAL INTERPRETATION References made herein to the products of any specific manufacturer by brand name are only for the purpose of describing type, style and quality of the product desired. Any substitutions must, however, be identical in appearance and must equal or exceed the quality of the items specified. In the event substitutions are offered, they must be itemized on a separate sheet and attached to your bid and the differences in brand and 18

19 specifications, if any, so noted thereon. Failure to list substitutions shall hold vendor responsible for furnishing the exact brand and style described in this bid invitation. SAMPLES: In the event substitutions are offered, samples must be submitted and in the Purchasing Agent s Office by the time of the bid opening. The Township will be the sole judge as to the acceptability of substitution and its decisions shall be final. If requested to do so, the low bidder will be required to furnish a display sample of each item bid upon, showing typical workmanship and material. The right is reserved to require such minor modification in style, cut, and construction, as may be thought advisable, and the contractor will be required to furnish the balance of the uniforms modified in accordance with such instruction. It is not intended that such modification will be of a nature to increase the cost of the uniform and no additional amount will be paid to the contractor unless authorized in writing by the Purchasing Agent and approved by the Township Committee of Pennsauken. Samples requested by the Township shall be submitted within 24 hours of request. Bidders shall have sufficient inventory to provide uniforms as outlined on the Proposal Form(s) AWARD: Award of this contract shall be on a lump sum basis to the lowest responsible bidder. The Purchasing Agent, upon approval of award by the Township Committee of Pennsauken, shall issue a Purchase Order, which shall constitute contract between successful bidder and the Township of Pennsauken. TERM: Contract shall commence upon issuance of Purchase Order and will conclude one (1) year from said date with one (1) optional one (1) year extension. 1. HATS (Sergeants, Patrolmen, K-9)- 10 Units Material: Buttons: Hamberger Woolen 614 P&F, Serge Philadelphia Highway Patrol type: open weave, open cane with mohair band, Philadelphia Police type visor with chrome New Jersey State seal buttons by Waterberry. Black vinyl/plastic hat band- Hat navy blue in color. Sergeants- Chrome Hat bands: Sergeants- Chrome band metal stretch 19

20 2. HATS (Staff)- 1 Unit Material: Buttons: Philadephia Highway/Crush Hat Lieutenants & above- Gold or Brass Hat bands: Lieutenants- Blackington gold finish metal stretch Visor: Chief- Army Major 990 with Gold Band and Full Gold Bullion Visor. Captains- Army Major 990 with Gold Band and Philadelphia Captain ½ Gold Bullion visor. 3. BASEBALL CAPS- 30 UNITS Material: Woolen or approved equal, navy blue; one size fits all. Police insignia on front of cap. (Lieutenants and above- Black) Style: Flexfit Model Long Sleeve Shirts (Men & Women) A. Blauer Supershirt Model #8436 or equal. Dark Navy; Heavy duty washable wool blend fabric with 10% stretch and liquid repellent finish. Zippered front with mock buttons. Shirts shall have five (5) permanent military creases. Patrolman & Sergeants only Units B. Blauer Model #8600z or equal. White or Black, 100% polyester shirt. Zippered front with mock buttons. Must include pleated pockets with Velcro flaps and pen compartment. Sewn in creases, Full shirt, badge and name plate reinforcement, with collar stays. For Lieutenant and above 30 Units Sizes: Insignia: Buttons: As measured. Department patch left sleeve. Rank embroidered direct on epaulets. Hash mark above left cuff as needed. Gold New Jersey State Seal metal buttons on epaulets and pocket flaps. 20

21 5. Short Sleeve Shirts: Patrol & Sergeants (Men & Women) Material: Sizes: Insignia: Buttons: Stripes: Blauer model #8160 or equal. Navy polyester polo. Shirts shall have permanent military creases, mic tab, and must include pockets- 100 Units As measured. Department patch left sleeve. Vendor shall supply K-9, Traffic, Training & EMT, Class II, and Hash mark above left cuff as needed. Shoulder strap, pockets, to have New Jersey State Seal metal button attached. (Silver for Patrolmen and Sergeants, Brass for Lieutenants and above) All other buttons to be thermos setting polyester & material must match fabric. Sergeant stripes, both sleeves New York Style blue/black/white Hash marks: New York Style 6. TIES- 1 UNIT Navy blue- 61 Clip-on. Black for Lieutenants and above. 7. TROUSERS (Patrolmen and Sergeants) A. Blauer Model #8561P7-5 or equal: Navy (Class A) wool blend serge- 100 Units B. Blauer Model #8567 or equal: Navy (Duty) wool blend- 50 Units Both have 1 ½ Royal Blue poly stripe hemmed 8. TROUSERS (Lieutenants and above) Blauer Model #8650 or equal: Black 100% polyester twill weave 2 waistband; Quarter top pockets, ½ black mohair stripe hemmed- 15 Units 9. K-9 (Class B) A. Pants- 6 Units Blauer Street Gear #8810x with royal blue stripe and drawstring bottom cuffs B. Pants First Tactical model # or equal tactical pant C. Shirts- short sleeve- 6 Units Blauer Street Gear #8711 D. Shirts- long sleeve- 6 Units Blauer Street Gear #

22 E. Boots- 6 Units Rocky- 10 ½ Alpha boot F. Mock Turtlenecks-6 Units Elbeco #7700 or equal Navy 10. Jacket- 1 Unit Blauer Model # or equal: Black with reflective Pennsauken Police imprint on drop down. 11. Raincoats- 1 Unit Blauer Model #733 or equal: Raincoat: reversible one side jet black, other side Hi-Vis yellow nylon/poly B Dry fabric. Snap-over storm fly front. Go-through side openings; adjustable neck and cuff closures; 1.5: SCOTCHLITE retro-reflective trim on high-visibility side around the chest, back and cuffs. Badge tab on both sides. Forty-seven inches long. 12. Rain cap Covers- 1 Unit Style: #107 Blauer Police Rainwear Cap; covers reversible, same as coat. Designed for round top hats. Material: Techlite urethane coated oxford nylon with Ultra-Tech factory-sealed seams. 13. Whistle & Cords- 1 Unit Style: Acme Thunderer black plastic with black plastic braid strap (cord), or equal. 14. Name Plates- 1 Unit Style: Metal: Patrolman & Sergeants- Blackington J-1 silver; Lieutenants & above- gold. Breast pin safety catch back with black block letters 15. Navy Type Black Shoes (mens)(womens to be comparable in style and Navy type black shoes) Material: Style: Model: Leather or vinyl top, neoprene soles and heels and/or leather soles and rubber heels, lace top. Navy type, plain toe with no stitching except sole and heel and top portion. (a) Bates Clarino #942 or -5 UNITS 22

23 (b) Bates #932 Leather top, leather sole or-5 UNITS leather top, rubber sole or (c) Bates #83 Chukka with buckle closure- 5 UNITS. 16. PATROL BOOTS- 80 UNITS Style: Bates ultra-light, side zip black leather/nylon or functional equivalent. Model:EO BADGES- HAT & BREAST- 10 UNITS OF EACH Style: (a) Patrolman & Sergeants: Blackington, Rhodium #B-296 Breast Badges- Blackington (b)rhodium #B-720R Hat Badges (c)lieutenants & above: Blackington HiGlo B296 Breast Badges- Blackington (d)higlo #B-720 Hat Badges All badges to have State Seal, full colored, hard enamel. Hat piece with screw back. Breast pin safety catches back and black lettering. 18. COLLAR PINS- 1 Unit of each Style: (a) Metal Blackington with blue enamel Sergeant Chevron, collar pins (silver) clutch back. (b) Lieutenants (brass) collar pins/shoulder bar pins-clutch back (c) Captains (brass) collar pins/shoulder bar pins-clutch back (d) Chief s (brass) collar stars/shoulder stars, clutch back 19. Bicycle Unit (a) Class B pants- 1 Unit 5.11 Model or equal: Navy (b) Class B shorts- 1 Unit 5.11 Model or equal: Navy 23

24 20. School Resource Officers- 1 Unit of each (a) Blauer navy short sleeve #8131(ss) or; (b) Long sleeve #8141 (ls) with department patch on left sleeve, embroidered on left chest and class II patch on right sleeve (c) Elbeco collared pull over; Model 8133 royal/navy blue (long sleeve) department patch on left sleeve, class II patch on right sleeve (d) Elbeco collared pull over Model #8133; royal/navy blue (short sleeve) patch on left sleeve, class II patch on right sleeve The badge is 3.5 H x 2.5 W The name is.40 Melco Block font, thread color silver or gold by rank, match badge First Initial, Last Name (Ex. B. Smith) Back of Shirt Silver Reflective Lettering Pennsauken 2 Police Embroidered Patched & Rank Insignias (samples provided if needed) 100 Units of each (a) (b) (c) (d) (e) (f) (g) (h) (i) honor guard patch honor guard rocker EMT patch (White background) Sergeant chevrons (other than shirts) K-9 patch Traffic patch Chief s stars (pair) Captain and Lieutenant bars (pair) Service stars (j) Rhodium memorial buttons 43/54 and 27 (k) HiGlo memorial buttons 43/54 and 27 (l) Special police officer class I and II patches 24

25 22. Motorcycle helmet: DOT approved, model SD600V, white/black Bell Police- 1 Unit 23. Leather Jacket, Taylor-NYPD Highway Patrol, Style #64497Z- 1 Unit 24. Made to measure or pre-fabricated protective motorcycle boots. - 1 Unit 25. Made to measure or pre-fabricated riding breeches- pockets, pocketing, fly and waist band. Side seams trimmed with 1 ½ wide blue with gold trim felt stripe. - 1 Unit 26. Hatch-RFK300 Resister cut resistant Kevlar lined leather gloves. - 1 Unit 27. Fechheimer Model #73160: reversible bomber jacket, water-repellent nylon shell with Hi-Vis yellow reflective stripe lining. ANSI 107 compliant- 1 Unit Sabre 2.0 jacket, color, black, pull down panel POLICE on rear, front pull down panel(s) POLICE, and pull down panel for badge placement. - 1 Unit 29. Blauer model #8110x or equal: (full shirt) in black or white with P.P.D. embroidered on left side neck. - 1 Unit 30. Blauer model #8147 or equal: Hi-Vis Yellow long sleeve shirt with badge tab and Police on back Units 31. Blauer model #8137 or equal: Hi-Vis Yellow short sleeve shirt with badge tab and Police on back Units 32. Blauer model #225 or equal: V neck sweater, black with epaulets, name tape and badge sling. Complete with embroidered rank insignia on epaulets, department and unit patches. - 5 Units 33. Blauer model #227 or equal: zippered V neck sweater, black with two (2) front pockets, epaulets, name tape and badge sling. Complete with embroidered rank insignia on epaulets, department and unit patches. - 5 Units 34. Blauer Pants (BDU Type) model #8810 or equal with 1.5 Royal Blue Poly Stripe- 20 Units 35. Detective Shirts- 10 units each A. First Tactical model # or equal: Polo short sleeve B. First Tactical model # or equal: Polo long sleeve 25

26 Embroidered Badge, Stitch Count Badge 3.5 H x 2.43 W 36. Outer Vest Carriers- 10 units each A. Blauer TAC Cover model #8375xp or equal: black or navy B. Point Blank Guardian 1.5 or equal: black or navy 37. Safariland model #6280 Handgun Holster with light or equal- 1 Unit 38. Safariland model #190H or equal handcuff cases with hidden snap- 1 Unit 39. Safariland #38 or equal OC Pouch with hidden snap- 1 Unit 40. Safariland #76 or equal Magazine Pouch with hidden snap- 1 Unit 41. Safariland #94 or equal Duty Belt with Velcro- 1 Unit 42. Safariland #99 or equal Under Belt Garrison Belt- 1 Unit To ensure compliance with specifications, inspection of the current uniforms should be made prior to award of contract. Please contact Captain Jim Hartnett at (856) Ext 2101 for appointments. 26

27 Company Name Proposal Form Bid Packet #19-09 Police Uniforms Item# Description Price Per Unit # of Units Total 1 Hats- Patrol $ 10 $ 2 Hats- Staff $ 1 $ 3 Baseball Caps $ 30 $ 4A L/S Shirts $ 100 $ Patrol 4B L/S Shirts $ 30 $ LT & above 5 S/S Shirts $ 100 $ 6 Ties $ 1 $ 7A Trousers $ 100 $ Class A 7B Trousers $ 50 $ Duty 8 Trousers $ 15 $ Lt and above 9A K-9 pants $ 6 $ 9B K-9 tactical $ 6 $ Pant 9C K-9 S/S $ 6 $ Shirt 9D K-9 L/S $ 6 $ Shirt 9E Boots $ 6 $ 9F Mock $ 6 $ Turtlenecks 10 Jacket $ 1 $ 11 Raincoat $ 1 $ 12 Rain cap cover 13 Whistle & Cord $ 1 $ $ 1 $ 27

28 Company Name Proposal Form Bid Packet #19-09 Police Uniforms Item# Description Price Per Unit # of Units Total 14 Name Plates $ 1 $ 15A Bates Clarino $ 5 $ #942 15B Bates #932 $ 5 $ 15C Bates #83 $ 5 $ 16 Patrol Boots $ 80 $ 17A Badges $ 10 $ Patrol/Sgt 17B Hat $ 10 $ Badges 17C Badges $ 10 $ Lt & above 17D HiGlo Hat $ 10 $ Badges 18A Collar pins $ 1 $ Sgt Chevron 18B Lt Collar Pins $ 1 $ 18C Capt Collar $ 1 $ Pins 18D Chief $ 1 $ Collar Pin 19A Bike Unit $ 1 $ Class B pants 19B Bike Unit $ 1 $ Class B shorts 20A S/S shirt $ 1 $ 20B L/S shirt $ 1 $ 20C 20D 21a Collared pullover L/S Collared pullover S/S Honor guard Patch $ 1 $ $ 1 $ $ 100 $ 28

29 Company Name Proposal Form Bid Packet #19-09 Police Uniforms Item# Description Price Per Unit # of Units Total 21b Honor guard $ 100 $ Rocker 21c EMT patch $ 100 $ 21d SGT $ 100 $ Chevrons 21e K-9 patch $ 100 $ 21f Traffic patch $ 100 $ 21g Chief s stars $ 100 $ 21h Capt & Lt bars $ 100 $ 21i Service Stars $ 100 $ 21j Memorial buttons $ 100 $ 21k Hi-glo memorial $ 100 $ 21l Special officer $ 100 $ 22 Motorcycle $ 1 $ Helmet 23 Leather Jacket $ 1 $ 24 Motorcycle $ 1 $ boots 25 Riding $ 1 $ Breeches 26 Leather $ 1 $ Gloves 27 Bomber $ 1 $ Jacket 28 Sabre $ 1 $ Jacket 29 Turtleneck $ 1 $ 30 L/S yellow shirt $ 10 $ 29

30 Company Name Proposal Form Bid Packet #19-09 Police Uniforms Item# Description Price Per Unit # of Units Total 31 S/S yellow shirt $ 10 $ 32 V neck sweater $ 5 $ 33 Zippered V $ 5 $ neck sweater 34 Pants $ 20 $ 35A S/S polo $ 10 $ 35B L/S polo $ 10 $ 36A Blauer outer $ 10 $ Vest carrier 36B Point Blank $ 10 $ Vest carrier 37 Handgun $ 1 $ Holster 38 Handcuff case $ 1 $ 39 OC Pouch $ 1 $ 40 Magazine $ 1 $ Pouch 41 Duty Belt $ 1 $ 42 Under belt $ 1 $ Total for all pages $ 30

31 The undersigned has hereby submitted a bid for the above to the Township of Pennsauken in the County of Camden and State of New Jersey, as set forth in the specifications. The undersigned is a Corporation, Individual, Partnership under the laws of the State of having its principle offices at: AFFIX CORPORATE SEAL HERE: COMPANY NAME ADDRESS SIGNATURE TYPED OR PRINTED SIGNATURE OF ABOVE TELEPHONE FAX 31

32 TOWNSHIP OF PENNSAUKEN BID DOCUMENT CHECKLIST* Required by owner Submission Requirement Stockholder Disclosure Certification Non-Collusion Affidavit Bid Proposal Form Disclosure of Investments in Iran Acknowledgment Receipt of Addenda Equipment Certification Bid Guarantee (with Power of Attorney for full amount of Bid Bond) Public Works Contractor Certificate Consent of Surety (with Power of Attorney for full amount of Bid Price) Mandatory Affirmative Action Language Prevailing Wage Americans with Disabilities Act of 1990 Language Proof of Business Registration One Original Complete Bid and Two (2) Complete Copies of the Bid Initial each required entry and if required submit the item 32

33 VENDOR INFORMATION In order to assure that all future correspondence is directed to the correct address, assure proper ordering, expedite future payments, and in accord with I.R.S. regulations, the following information must be provided with this bid. Name of Business: Correspondence Address (including zip code): Purchase Order Address (including zip code): Payment Address (including zip code): Telephone Number (including area code): address: Fax Number (including area code): Employer ID# or SS #: FAILURE TO PROVIDE ALL OF THE ABOVE INFORMATION MAY RESULT IN REJECTION OF THIS BID 33

34 STOCKHOLDER DISCLOSURE CERTIFICATION This Statement Shall Be Included with Bid Submission Name of Business I certify that the list below contains the names and home addresses of all stockholders holding 10% or more of the issued and outstanding stock of the undersigned. OR I certify that no one stockholder owns 10% or more of the issued and outstanding stock of the undersigned. 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 owning corporation. If no one owns 10% or more stock, attest to that. Check the box that represents the type of business organization: Partnership Corporation Sole Proprietorship Limited Partnership Limited Liability Corporation Limited Liability Partnership Subchapter S Corporation Sign and notarize the form below, and, if necessary, complete the stockholder list below. Stockholders: Name: Name: Home Address: Home Address: Name: Home Address: Name: Home Address: Name: Home Address: Subscribed and sworn before me this day of, 2. (Notary Public) My Commission expires: Name: Home Address: (Affiant) (Print name & title of affiant) (Corporate Seal) 34

35 NON-COLLUSION AFFIDAVIT State of New Jersey County of ss: I, residing in (name of affiant) (name of municipality) in the County of and State of of full age, being duly sworn according to law on my oath depose and say that: I am of the firm of (title or position) (name of firm) the bidder making this Proposal for the bid entitled, and that I executed the said proposal with (title of bid proposal) full authority to do so 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 named project; and that all statements contained in said proposal and in this affidavit are true and correct, and made with full knowledge that the relies upon the truth of the statements contained in said Proposal (name of contracting unit) 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. Subscribed and sworn to before me this day, 2 Notary public of Signature (Type or print name of affiant under signature) My Commission expires (Seal) 35

36 36

37 EXHIBIT A 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 GOODS, PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS 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 take affirmative action to ensure that such applicants are recruited and employed, 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 action 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, where applicable, will send to each labor union or representative or 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. The contractor or subcontractor agrees to make good faith efforts to employ minority and women workers consistent with the applicable county employment goals established in accordance with N.J.A.C. l7:27-5.2, or a binding determination of the applicable county employment goals determined by the Division, pursuant to N.J.A.C. 17: The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies including, but not limited to, employment agencies, placement bureaus, colleges, universities, labor unions, that it does not discriminate on the basis of age, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, 37

38 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 applicable 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, 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. 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 The contractor and its subcontractors shall furnish such reports or other documents to the Div. of Contract Compliance & EEO 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 Div. of Contract Compliance & EEO for conducting a compliance investigation pursuant to Subchapter 10 of the Administrative Code at N.J.A.C. 17:27. 38

39 AFFIRMATIVE ACTION COMPLIANCE NOTICE N.J.S.A. 10:5-31 and N.J.A.C. 17:27 GOODS AND SERVICES CONTRACTS (INCLUDING PROFESSIONAL SERVICES) This form is a summary of the successful bidder s requirement to comply with the requirements of N.J.S.A. 10:5-31 and N.J.A.C. 17:27-1 et seq. The successful bidder shall submit to the public agency, after notification of award but prior to execution of this contract, one of the following three documents as forms of evidence: (a) A photocopy of a valid letter that the contractor is operating under an existing Federally approved or sanctioned affirmative action program (good for one year from the date of the letter); OR (b) A photocopy of a Certificate of Employee Information Report approval, issued in accordance with N.J.A.C. 17:27-4; OR (c) A photocopy of an Employee Information Report (Form AA302) provided by the Division and distributed to the public agency to be completed by the contractor in accordance with N.J.A.C. 17:27-4. The successful vendor may obtain the Affirmative Action Employee Information Report (AA302) from the contracting unit during normal business hours. The successful vendor(s) must submit the copies of the AA302 Report to the Division of Contract Compliance and Equal Employment Opportunity in Public Contracts (Division). The Public Agency copy is submitted to the public agency, and the vendor copy is retained by the vendor. The undersigned vendor certifies that he/she is aware of the commitment to comply with the requirements of N.J.S.A. 10:5-31 and N.J.A.C. 17:27.1 et seq. and agrees to furnish the required forms of evidence. The undersigned vendor further understands that his/her bid shall be rejected as non-responsive if said contractor fails to comply with the requirements of N.J.S.A. 10:5-31 and N.J.A.C. 17:27-1 et seq. COMPANY: SIGNATURE: PRINT NAME: TITLE: DATE: 39

40 APPENDIX A AMERICANS WITH DISABILITIES ACT OF 1990 Equal Opportunity for Individuals with Disability The contractor and the Township of Pennsauken, (hereafter owner ) do hereby agree that the provisions of Title 11 of the Americans With Disabilities Act of 1990 (the Act ) (42 U.S.C. S 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 there unto, are made a part of this contract. In providing any aid, benefit, or service on behalf of the owner 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 owner in any action or administrative proceeding commenced pursuant to this Act. The contractor shall indemnify, protect, and save harmless the owner, 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 owner s grievance procedure, the contractor agrees to abide by any decision of the owner which is rendered pursuant to said grievance procedure. If any action or administrative proceeding results in an award of damages against the owner, or if the owner 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 owner 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 owner or any of its agents, servants, and employees, the owner shall expeditiously forward or have forwarded to the contractor every demand, complaint, notice, summons, pleading, or other process received by the owner or its representatives. It is expressly agreed and understood that any approval by the owner 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 owner pursuant to this paragraph. It is further agreed and understood that the owner 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 owner from taking any other actions available to it under any other provisions of the Agreement or otherwise at law. 40

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GOODS AND SERVICES BID SPECIFICATIONS: A GUIDE FOR NEW JERSEY LOCAL PUBLIC AGENCIES SECTION A. Instructions to Bidders and Statutory Requirements

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