town of carmel

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TOWN OF CARMEL ENGINEERING DEPARTMENT

60 McAlpin Ave. Mahopac, NY 10541

Telephone: (845) 628-1500 Facsimile: (845) 364-3809

REQUEST FOR PROPOSALS

RFP # 2004-0009

DATE ISSUED: MAY 14, 2004

Information Technology (IT) Consulting Services RFP DISTRIBUTION - Important Notice - The Town of Carmel officially distributes RFP documents from the Town Engineering Department or the Town of Carmel Website (http://ci.carmel.ny.us/engineer.html). Copies of RFP documents obtained from any other source are not considered official copies. Only those vendors who obtain RFP documents from the Town Engineering Department or the Town of Carmel Website (http://ci.carmel.ny.us/engineer.html) are guaranteed to receive addendum information, if such information is issued. If you have obtained this document from a source other than the Town of Carmel Engineering Department or the Town of Carmel Website it is recommended that you obtain an official copy. GENERAL REQUIREMENTS: Proposer’s are to submit proposals to be opened and evaluated in private. Submit one (1) printed, signed original proposal. Proposal envelope must include the RFP number, the RFP opening date and the proposer’s address. Upon subsequent request only: 1 printed, signed original proposal; 1 copy of proposal. SUBMISSION LOCATION: Town of Carmel Engineering Department 60 McAlpin Ave.

Mahopac, NY 10541 SUBMISSION DATE: June 8, 2004, AT 11:00 A.M. Proposals received after the time specified will not be opened. PRE-PROPOSAL CONFERENCE: May 20, 2004 at 10:00 a.m., to be held at the Town of Carmel Engineering Department 60 McAlpin Ave. Mahopac, NY 10541. CONTACT / QUESTIONS: Requests for information related to this Request for Proposal should be directed to: Joe Heggenstaller, GIS and Computer Operations Specialist [email protected] 60 McAlpin Ave. Mahopac, NY 10541 Fax: 845-628-7085 Questions must be submitted in writing via e-mail to Joe Heggenstaller ([email protected]) or via facsimile to 845-628-7085.

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TABLE OF CONTENTS

Legal Notice………………………………………………………………………………………………….3 Section 1 - Background Information…………………………………………………………………………4-5 Section 2 - Technical Requirements…………………………………………………………………………6-9 Section 3 - Cost Proposal Requirements……………………………………………………………….……10 Section 4 - Contractual Terms and Conditions…………………………………………………..………..…11-17 Section 5 - Administrative……………………………………………………………………………...……18-20 Section 6 - Proposal Format and Content …………………….……………………………………………..21-24 Section 7 - Attachments……………...………………………………………………………………………25-44

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LEGAL NOTICE

ADVERTISEMENT FOR REQUEST FOR PROPOSAL

NOTICE IS HEREBY GIVEN that sealed Request for Proposal (RFP) will be received at the Office of the Town Engineer, Town of Carmel, Carmel Town Hall, 60 McAlpin Avenue, Mahopac, New York 10541, until 11:00 A.M. on June 8, 2004. For the following:

RFP # 2004-0009

Information Technology (IT) Consulting Services At

Town of Carmel Facilities RFP # 2004-0009

A pre-proposal meeting for vendors is scheduled May 20th, 2004 at 10:00 A.M. in the Office of the Town Engineer, Carmel Town Hall, 60 McAlpin Avenue, Mahopac, New York 10541. All respondents must comply with Section 103-a and 103-d of the General Municipal Law relating to non-collusive bidding and waiver of immunity against criminal prosecution. Specifications may be obtained at the Office of the Town Engineer, at the above address, beginning May 14th, 2004, between the hours of 9:00 A.M.-5:00 P.M. Monday through Friday or available at the Town of Carmel Website at http://ci.carmel.ny.us/engineer.html. Request for Proposals shall be marked “RFP” plus RFP title and RFP number. The Town Board of the Town of Carmel reserves the right to reject any and all RFPs and abandon the proposal or may reject all RFPs and re-advertise at a future date.

BY ORDER OF THE TOWN BOARD OF THE TOWN OF CARMEL

JOHN KARELL, JR., P.E. TOWN ENGINEER

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SECTION 1 – BACKGROUND INFORMATION 1.1 Purpose

The Town of Carmel is seeking proposals from qualified Information Technology (IT) consulting firms to assist in the maintenance of existing IT network and computer infrastructure, and installation and implementation of new network infrastructure, computer systems and software as required by the town.

1.2 Background

The Town of Carmel is the largest town in Putnam County New York and is located approximately 50 miles north of New York City. We have a population of approximately 33,000 and a land area of approximately 40 square miles. The town is administered through numerous Departments at three primary locations. Included in the scope of this proposal are the following departments: Accounting Department Assessor’s Department Building Department Comptroller Department Engineering Department Geographic Information Systems (GIS) & Information Technology Department Highway Department

Justice Court Planning & Zoning Department Police Department Recreation and Parks Department Supervisor’s Office Tax Receiver’s Office Town Clerk’s Office

All of the town departments, except the Highway and Recreation Departments, are located in the Town Hall which is located at 60 McAlpin Ave. Mahopac, NY 10541. The Highway Department is located at 55 McAlpin Ave, Mahopac, NY 10541 and the Recreation Department is located at 790 Long Pond Road, Mahopac, NY 10541. The Local Area Network (LAN) infrastructure at the Town Hall location consists of approximately 65 Cat5E network drops on three floors of the building. These LAN connections terminate into a patch panel and are then connected into one of three Dell PowerConnect Switches. The Town of Carmel maintains a Dell PowerEdge 2650 running Windows 2000 Server as a file and database server and a Dell PowerEdge 650 running Windows 2000 Server as a Microsoft Exchange Server. Our network is setup in a Domain environment. We have approximately 13 workstations running Windows 98, 33 workstations running Windows 2000 Professional and 2 workstations running Windows XP Professional. We also have 5 laptop computers running Windows XP that are used by remote users. The Highway Department LAN consists of 4 workstations connected as a peer-to-peer network via Cat5E cables to a network hub. Three workstations use Windows 98 and one workstation uses Windows 2000 as their operating systems. The Recreation and Parks Department LAN consists of 4 workstations connected as a peer-to-peer network via Cat5E cables to a network hub. Three workstations use Windows 98 and one workstation uses Windows 2000 as their operating systems. All locations have internet access via cable modem through SusCom (formerly RCN).

Request for Proposal (RFP) Information Technology (IT) Services

Town of Carmel of 44

1.3 Key Events/Dates

RFP Release Date: May 14, 2004 Pre-Proposal Conference: May 20, 2004 Proposal Due Date and Time: June 8, 2004 – 11 AM




SECTION 2 - TECHNICAL REQUIREMENTS

2. Technical Requirements

2.1. Statement of Objectives (SOO)

The Town of Carmel GIS/IT Department has identified the following duties and set of contractor tasks for the purpose of Information Technology (IT) consulting services. These include, but are not limited to:

• Installing periodic operating system and software patches to client computers as required to maintain a stable and secure network environment. These updates should be completed using an automated architecture (i.e. Microsoft Software Update Service (SUS)) and minimal direct client machine interaction should be attained.

• Complete updates to the town computer inventory. Maintained as a Microsoft Excel spreadsheet. This is constantly updated.

• Develop an IT emergency action plan. This would include, but is not limited to, the following items:

-data backup regimes -offsite data storage -file archiving schema -redundant power supply -redundant infrastructure -emergency operations networking

• Perform periodic software updates in various proprietary software packages that is used by town departments. This would include, but is not limited to, programs produced by the following vendors:

Admit Computer Services- Police Department Software Business Automation Services- Town Clerk Software, Building Department

Software Microsoft Corporation – Office products suite, Exchange Server New York State Office of Real Property Services- Assessor’s Software SDG – Imate Software Service Education Incorporated- Justice Court Software Software Consulting Associates- Tax Billing Software Symantec Corporation- VirusScan Corporate Edition

• Install new computer hardware on the town’s network. This includes, but is not limited to, loading department specific software, antivirus software, Microsoft Office Suite, and configure Domain or workgroup environment.

• Interface with our Internet Service Provider (ISP) SusCom (RCN) Cable as necessary.

• Interface with our website host Bestweb Internet Service as necessary. • Troubleshoot computer hardware, software and networking equipment problems at

all town facilities. • Troubleshoot printer problems at all town facilities. • Recommend and coordinate, through the town’s IT Department, new computer

system purchases for all town departments.



• Recommend and coordinate, through the town’s IT Department, the retirement and recycling of all outmoded equipment.

• Maintain Microsoft Exchange Server 2000 database server and user database. • Maintain daily backups of town file and e-mail servers. Coordinate off-site storage of

backup media with the town’s IT Department. • Periodically perform test system restores from backup tapes to assure that data is able

to easily and efficiently be recovered from backup media. • Consult with Police department to insure daily backups are occurring correctly.

Coordinate off-site storage of backup media with the Police Department. • Monitor anti-virus software updates and execute rollouts of new technology to

protect the network from viruses, trojans and worms. • Make recommendation to the town on the purchase of a hardware firewall that

provides at a minimum Intrusion Prevention and Detection Systems, web content filtering and VPN capability.

2.2. Qualification of Vendors / Proposers Certification and Skills

• Vendor must have at least one individual employed who is certified to Microsoft Certified Systems Engineers (MCSEs) standards.

• Vendor must have at least one individual employed who is certified to Microsoft Certified Systems Administrators (MCSAs) standards.

• Vendor should have at least one individual employed who is certified to Microsoft Certified Desktop Support Technicians (MCDSTs) standards.

• Vendor must have at least one individual skilled in the development, deployment, tuning and maintenance of Microsoft Exchange Server 2000, Microsoft Exchange 2003 and Outlook 2000.

• Vendor must possess the knowledge and skills to maintain network system policies using Group Policy Objects (GPO).

• Vendor must possess the knowledge and skills to design and implement server redundancy in a domain environment.

• Vendor must possess the knowledge and skills to use Dynamic Host Configuration Protocol (DHCP) for administration of TCP/IP addressing.

• Vendor must possess the knowledge and skills to effectively use Internet Information Services (IIS) for publishing information to the internet and maintain security when using this system.

• Vendor must possess the knowledge and skills to design and implement a disaster recovery plan for networking equipment, servers and workstations at multiple locations.

• Vendor must possess the knowledge and skills to test current backup methodology for disaster recovery efficiency and completeness, including but not limited to, performing a test environment restore of the domain controller from DDS3 DAT backup.

• Vendor must possess the knowledge and skills to configure and troubleshoot network printer services.

• Vendor must possess the knowledge and skills to configure and optimize Distributed Files Systems (DFS)

• Vendor must possess the knowledge and skills to configure and optimize Microsoft Software Update Service (SUS) or Microsoft Systems Management Server.



Hardware

• Vendor must possess the knowledge, skills and necessary tools to troubleshoot, repair or replace personal computer and server hardware, including but not limited to, hard drives, RAID controllers, RAID hard drives, power supplies, network interface cards, modems, video adapters, keyboards, mice and monitors.

• Vendor must possess the knowledge and skills to assess future hardware needs and develop recommendations of hardware purchases for the town. Networking

• Vendor must possess the knowledge and skills to troubleshoot, repair and install the following protocols and networking environments, including but not limited to, TCP/IP, NetBUI, Microsoft Windows Domain environment, Microsoft Client-Server environment, Microsoft Peer-to-Peer networking environment, Virtual Private Networks (VPN), Point-to-Point Tunneling Protocol (PPTP), 802.11b and 802.11g wireless technology.

• Vendor must possess the knowledge, skills and equipment to install, troubleshoot, and repair networking cables, including but not limited to, CAT5e cables for use in 10/100Base-TX and 1000Base-TX (Gigabit Ethernet), internal and external mounted RJ-45 jacks, and surface mounted (i.e. Panduit ®) raceways. Standardized test results using a Fluke Networks PentaScanner (or equivalent) are to be furnished upon completion of new network connection installation in both written and electronic form.

• Vendor must possess the knowledge, skills and equipment (i.e. Fluke Networks PentaScanner, Black Box TVR 10/100 Tester or similar equipment) to test the network for connectivity, verify LAN speed, tone generation and tracing, straight/crossover cable simulation, hub/PC identification, and troubleshoot lost data packets.

• Vendor must possess the knowledge, skills and equipment to install and troubleshoot, including but not limited to, hardware firewalls, routers, switches, hubs, network punchdown blocks and wireless networking equipment while maintaining industry standard network topology rules (i.e. 5-4-3 rule) for the installation, segmentation and efficiency of the network.

• Vendor must possess the knowledge and skills to configure the town’s existing network to maintain a high level of security both internally and externally as pertaining to interfaces with the internet. Vendor must possess the capability of configuring the town’s network and servers to prevent security breaches from hackers, crackers and other malicious uses of the town’s network systems. This would include, but is not limited to, establishing network topology for the town’s network using a hardware firewall.

Operating Systems

• Vendor must possess knowledge in the following operating systems, including but not limited to:

Microsoft Windows 2000 Server Microsoft Windows 2000 Professional Microsoft Windows XP Microsoft Windows 98 Microsoft Windows 95 Microsoft DOS Knowledge of UNIX and LINUX are also preferred, but not required.



Software • Vendor must possess the knowledge and skills to administer ad-hoc staff training on

the Microsoft Office 97 suite of software products. • Vendor must possess the knowledge and skills to administer Symantec’s Norton

Anti-virus Enterprise Edition and Symantec System Center Console software. • Vendor must possess the knowledge and skills to administer Veritas Backup Exec

Version 9.0 software. • Vendor must possess the knowledge and skills to administer Symantec PcAnywhere

Version 11.0 software. • Vendor will be required to assist in deployment and upgrades of the following

software packages, including but not limited to: Business Automation Services – Town Clerk Program Business Automation Services – Building Permit Program (Integrated

Property Service) Business Automation Services – Alarm Program Software Education Incorporated – Town Court Program Software Consulting Associates – Tax Receiver Program Admit Computer Services – IMPACT- Advanced Records Management

System- Police Department New York State Office of Real Property Services- Real Property Service

Version 4 (RPSV4)- Assessor’s Office SDG – Imate Software

Timeliness

• Vendor must have staff available on an on-call basis 24 hours a day, 7 days a week, and 365 days a year. The vendor’s staff must possess a cellular telephone and/or an emergency beeper.

• Vendor must be able to have a representative able to arrive on-site within 1 hour of requested actionable service call.




SECTION 3 - COST PROPOSAL REQUIREMENTS

3.1 Cost Proposal

Firms must submit a firm annual fixed price proposal to provide all of the services associated with this procurement. This price is to include all travel, labor, consumables and fees. The Town reserves the right to terminate the contract at any time if the Town is not completely satisfied with the firm’s performance, of if the Town feels the firm does not posses the right skills to proceed.




SECTION 4 - CONTRACTUAL TERMS AND CONDITIONS

4.1 INQUIRIES

All inquiries related to this request for proposal are to be in writing to the attention of the Joe Heggenstaller, GIS and Computer Operations Specialist as noted on the cover page of this solicitation. Information obtained from any other source is not official and may be inaccurate. Do not contact any other person involved. Inquiries and responses will be recorded and may be distributed to all proposers at the Town’s option. Inquiries submitted to the Town of Carmel must reference the page and section of the RFP document in question.

4.2 NOTIFICATION OF CHANGES

All recipients of this request for proposal who have returned the Receipt Confirmation Form will be notified regarding any changes made to this document. The Town of Carmel shall not be held responsible to notify prospective proposer's who have not returned the Receipt Confirmation Form.

4.3 CHANGES TO PROPOSAL WORDING

No changes to wording of the proposer's proposal will be accepted after submission unless requested by the Town.

4.4 FUNDING

All Town of Carmel expenditures are subject to appropriation of funds. Therefore, the Town of Carmel reserves the right to discontinue the RFP process if funding is not available.

4.5 OWNERSHIP OF PROPOSALS

All responses to this request for proposal become the property of the Town of Carmel. 4.6 PROPOSERS EXPENSES

Prospective proposers are solely responsible for their own expenses in preparing a proposal and subsequent negotiations with the Town of Carmel, if any.

4.7 CONTRACT SOLUTION

The Town reserves the right to award a contract in part or in full, or not at all, on the basis of responses received.

4.8 ACCEPTANCE OF PROPOSALS

This RFP should not be construed as a contract to purchase goods or services. The Town is not bound to accept the lowest price or any proposal of those submitted.

4.9 LIABILITY OF ERRORS

While the Town has used considerable efforts to ensure an accurate representation of information in this RFP, all prospective proposers are urged to conduct their own investigations into the material facts and the Town shall not be held liable or accountable for any error or omission in any part of this RFP.



4.10 ACCEPTANCE OF TERMS All the terms and conditions of this RFP are deemed to be accepted by the proposer and incorporated in its proposal except those conditions and provisions that are expressly excluded by the proposer's proposal.

4.11 QUOTES FROM THE MARKETPLACE

The Town of Carmel reserves the right to consider quotes from the marketplace from suppliers other than those invited to respond to this solicitation.

4.12 CONDITION OF PAYMENT

It shall be a condition precedent to The Town of Carmel’s obligation to quarterly contract payments, that full performance has been rendered by the vendor.

4.13 FINANCIAL STABILITY

The successful proposer must demonstrate financial stability and the Town of Carmel reserves the right to conduct independent background checks to determine the financial strength of any and all organizations or individuals submitting proposals.

4.14 NEGOTIATION DELAY

If any contract cannot be negotiated within thirty (30) days of notification to the designated proposer, the Town of Carmel may terminate negotiations with that proposer and negotiate a contract agreement with another proposer of its choice.

4.15 COMPETITIVE RANGE

Unless there is a successful proposer based on the responses, the evaluation procedure will identify all proposer's capable of providing a solution based on the written proposals and then develop a "Competitive Range" based on the cost proposals. All proposers deemed capable of providing a solution and within the "Competitive Range" will be evaluated further and may be requested to make formal oral presentations.

4.16 DEBRIEFING

Upon written request from an unsuccessful proposer, the Town Engineer will arrange for a debriefing session. The debriefing is not to be seen as an opportunity to challenge the decision. Once debriefing ends, the RFP process is finished and the RFP will not be discussed further with the proposer at any time.

4.17 SUBCONTRACTING

No part of the work outlined in this RFP may be subcontracted without prior written consent of the Town of Carmel.

4.18 DEFINITION OF CONTRACT

The Town, may, at its option notify an proposer in writing that its proposal has been accepted and such acceptance shall at the Town’s option constitute the making of a formal contract for the services set out in the RFP. Alternatively, the subsequent full execution of a written contract shall constitute the making of a contract for services, and no proposer shall acquire any legal or equitable rights or privileges whatever relative to the services until the Town of Carmel has delivered either a signed notice in writing to the proposer or a fully executed written agreement to the proposer.



4.19 APPEALS AND REMEMDIES

4.19.1 Right to Protest: Any actual or prospective vendor, proposer, or contractor who is aggrieved in connection with the solicitation or award of a contract may protest to the Town Engineer. Protestors are urged to seek resolution of their complaints initially with the Town Engineer. A protest with respect to an invitation for request for proposals, shall be submitted in writing prior to the opening of RFPs or the closing date of proposals, unless the aggrieved person did not know and should not have known of the facts giving rise to such protest prior to RFP opening or the closing date for proposals. The protest shall be submitted within 3 calendar days after such aggrieved person knows or should have known of the facts giving rise thereto.

4.19.2 Stay of Procurements During Protests: In the event of a timely protest the Town

Engineer shall not proceed further with the solicitation or award of the contract until all administrative and judicial remedies have been exhausted or until the Town Board makes a determination on the record that the award of a contract without delay is necessary to protect substantial interests of the Town of Carmel.

4.20 LABOR DISRUPTIONS

Any contract resulting from this Request for Proposal process is subject to the right of the Town of Carmel to postpone acceptance of delivery and payment by the Town of Carmel in the event of any form of labor disruption.

4.21 COMPLIANCE WITH LAWS

The contractor shall give all notices and obtain all the licenses and permits required to perform the work. The contractor shall comply with all the laws applicable to the work and the performance of the contract.

4.22 FOREIGN NATIONALS Employers are required by Federal law to verify that all employees are legally entitled to work in the United States. Accordingly, the Town of Carmel reserves the right to request legally mandated employer held documentation attesting to the same for each consultant assigned work under any contract awarded as a result of this solicitation. In accord with such laws, the Town of Carmel does not discriminate against individuals on the basis of national origin or citizenship.

4.23 GOVERNING LAW

This RFP and any contract entered into between the proposer and the Town of Carmel shall be governed by and in accordance with the laws of the State of New York and the United States of America.

4.24 CURRENCY AND TAXES

Prices are to be in U.S. dollars, duty and delivery FOB destination included. The Town of Carmel is exempt from all sales and use taxes.

4.25 PAYMENT TERMS

The Town of Carmel’s standard payment terms for contractual services is quarterly based on a calendar year. Payment will be made during the first payment cycle following a completed quarter as specified by the Town Comptroller.



4.26 CONTRACT PERIOD AND RENEWAL The anticipated term of the contract shall be 1 year. At the option of the Town of Carmel the contract may be extended under the same terms and conditions for two (2) additional periods not to exceed 12 months each.

4.27 BONDING REQUIREMENTS (RFP / Performance and Payment)

There are no Bonds required for this contract

Bid Bond - An approved bid bond to the extent of percent of the bid price will be required with all vendor responses at the time of Submission of the Proposal. The awarded supplier must retain the bond until the contract has been signed.

Performance and Payment Bond - The contractor shall, at the time of execution of the contract, obtain and maintain in full force and effect for sixty days after contract expiration:

an irrevocable documentary Letter of Credit with a sound and reputable bank authorized to do business in the State of New York, OR

a Performance Bond signed by a surety company authorized to do business in the State of New York, and/or

a Payment Bond signed by a surety company authorized to do business in the State of New York,

in the amount of , for the faithful performance of the contract. The Letter of Credit, Performance Bond, Payment Bond, etc., shall name as beneficiary the Town of Carmel and may be invoked to the benefit of the Town upon delivery of a certified statement to the issuing bank or surety company that the contractor has failed to perform pursuant to the terms and conditions of its contract with the Town of Carmel. With its proposal submission, the contractor shall include a letter from its bank or surety company stating that the letter of credit or bond will be provided if being considered for a contract or in the event of a contract. The Letter of Credit or Bond shall be provided on a yearly basis for each year, or portion, of the contract.

4.28 CONTRACTOR ASSURANCES The proposer and subsequent Contractor warrants that it has carefully reviewed the needs of the Town of Carmel for Consultant Services, as described in the RFP and its attachments and otherwise communicated in writing by the Town of Carmel to the proposer and subsequent Contractor, that it has familiarized itself with the Town's specifications, and it warrants it can provide such services as described in the RFP and as represented in its Proposal.

4.29 WAGES AND SALARY

A. Attention of Proposers is particularly, called to the requirements concerning the payment of not less than the prevailing wage and salary rates specified in the Contract Documents and the Davis Bacon Act as applicable and the conditions of employment with respect to certain categories and classifications of employees. B. The rates of pay set forth are the minimum to be paid during the life of the Contract. It is, therefore, the responsibility of Vendors to inform themselves as to local labor conditions, such as the length of work day and work week, overtime compensation, health and welfare contributions, labor supply and prospective changes or adjustments of rates or any other such items. C. The New York State laws governing minimum wage rates, and usage on public work and other applicable laws shall apply.



4.30 FEDERAL REQUIREMENTS

Attention is called to the requirements that the Contractor and all Sub-contractors comply with all applicable Federal, State and local laws and in particular the following Federal Laws, Executive Orders and regulations issued thereunder. A. All laborers and mechanics employed by Contractor or Subcontractors shall be paid wages at a rate not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Davis-Bacon Act as amended. B. The Contract Work Hours and Safety Standards Act as amended. C. The Copeland "Anti-Kickback Act" as amended. D. Title VI of the Civil Rights Act of 1964, as amended and specifically to the following:

(1) The Contractor will not 'discriminate against any employee or applicant for employment'. Because of race, color, religion, sex or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, 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 setting forth the provisions of this nondiscrimination clause. (2) The Contractor 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 race, color, religion, sex or national origin. (3) The Contractor will send to each labor union or representative of workers with which he 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 Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notices in conspicuous places available to employees and applicants for employment. (4) The Contractor will comply with all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules, regulations and relevant orders, and amendments of the foregoing, of the Secretary of Labor. (5) The Contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations and orders, and amendments of the foregoing, of the Secretary of Labor, and will permit access to his books, records and accounts by the Government and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. (6) In the event of the Contractor's non-compliance with the nondiscrimination clauses of this Contract or with any of such rules, regulations or orders, this Contract may be canceled, terminated or suspended in whole or in part and the Contractor may be declared ineligible for further Government Contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies involved as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order, and amendments of the foregoing, of the Secretary of Labor, or as otherwise provided by law.



(7) The Contractor will include the provisions of paragraphs (1) through (6) in every sub-contract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of the Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each sub-contractor or vendor. The Contractor will take such action with respect to any sub-contractor or purchase order as the Government may direct as a means of enforcing such provisions, including sanctions for non-compliance: Provided, however, that in the event that the Contractor becomes involved in, or is threatened with, litigation's with a sub-contractor or vendor as a result of such direction by the Government, the Contractor may request the United States to enter into such litigation to protect the interest of the United States.

4.31 CERTIFICATION OF NONSEGREGATED FACILITIES

In accordance with the requirements of the May 9, 1967 order (32 F.R. 7439, May 19, 1967) by the Secretary of Labor, the Contractor, upon award of the Contract, and all Sub-Contractors, whose awards exceed $10,000, shall submit a certification to the Owner stating that the Contractor or Sub-Contractor does not and will not maintain any facilities for its employees in a segregated manner or permit its employees to perform their services, at any location under its control, where segregated facilities are maintained.

4.32 SALES TAX EXEMPTION: The Owner as an instrumentality of the State of New York is exempt from paying sales tax except for Contracts of sale of tangible personal property. At the time the Contract is entered into, the Owner will give to the Contractor a properly completed Certificate of Capital Improvement to establish the nature of the Contract and, also, a properly completed exempt organization certificate. These certificates will exempt the Town, and therefore the Contractor from liability for sales and use taxes on the purchase of materials incorporated into the work.

4.33 SCOPE OF INSURANCE AND SPECIAL HAZARDS: The minimum insurance required under the General Conditions shall provide adequate protection for the Contractor and his employees, respectively, and the Owner against damage claims, which may arise from operations under this Contract, whether, such operations are by the insured or by any one directly or indirectly employed by him and, also against any special hazards which may be encountered in the performance of this Contract. The Contractor shall provide such additional amounts and types of insurance as is necessary to provide such adequate protection.

4.34 OCCUPATIONAL SAFETY AND HEALTH: Contractor shall comply with Title 29, Code of Federal Regulations Part 1926, Safety and Health Regulations for Construction (OSHA).

ADDITIONAL CONTRACT CLAUSES

4.35 BREACHES AND DISPUTE RESOLUTION, 49 CFR Part 18 FTA Circular 4220.1D (also see Change 1)

Disputes – Disputes arising in the performance of this Contract which are not resolved by agreement of the parties shall be decided in writing by the authorized representative of the Town of Carmel. This decision shall be final and conclusive unless withing [ten (10)] days from the date of receipt of its copy, the Contractor mails or otherwise furnishes a written appeal to the Town Supervisor. In connection with any such appeal, the Contractor shall be afforded an



opportunity to be heard and to offer evidence in support of its position. The decision of the Town Supervisor shall be binding upon the Contractor and the Contractor shall abide by the decision. Performance During Dispute – Unless otherwise directed by the Town of Carmel, Contractor shall continue performance under this Contract while matters in dispute are being resolved. Claims for Damages – Should either party to the Contract suffer injury or damage to person or property because of any act of omission of the party or of any of his employees, agents or others for whose acts he is legally liable, a claim for damages therefore shall be made in writing to such other party within a reasonable time after the first observance of such injury of damage. Remedies – Unless the contract provides otherwise, all claims, counterclaims, disputes and other matters in question between the Town of Carmel and the Contractor arising out of or relating to this agreement or its breach will be decided in a court of competent jurisdiction within the State in which the Town of Carmel is located. Rights and Remedies – The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies available otherwise imposed or available by law. No action of failure to act by the Town of Carmel or Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing.




SECTION 5 - ADMINISTRATIVE

5 INQUIRIES All inquiries concerning this solicitation should be addressed in writing to the following: Joe Heggenstaller GIS and Computer Operations Specialist Town of Carmel Engineering Department 60 McAlpin Ave Mahopac, NY 10541 Fax: 845-628-7085 All questions should be submitted in writing, citing the particular proposal section and paragraph number. Prospective Proposers should note that all clarifications and exceptions including those relating to the terms and conditions of the contract are to be resolved prior to the submission of a proposal. Answers to all questions of a substantive nature will be given to all Prospective Proposers, who have notified the Town of their intent to submit a proposal, in the form of a formal addendum which will be annexed to and become part of the resultant contract.

5.1 PRE-PROPOSAL CONFERENCE

There is no pre-proposal conference scheduled for this solicitation.

Attendance at a Pre-Proposal Conference is mandatory. Prospective Proposers not present at

the Pre-Proposal Conference will not receive further information relating to this procurement and will not be considered in the RFP process. The pre-proposal conference will be held at 10:00 A.M. May 20, 2004. Notify the Town if you will be attending by submitting the Receipt Confirmation Form. Specific questions concerning the RFP shall be submitted in writing (facsimile will be accepted) to the individual indicated in Section 5.0 prior to the conference so they can be answered at the conference. Although questions will be permitted at the conference, answers may be deferred and included in official minutes of the pre-proposal conference, which will be sent to each Proposers official representative attending the Pre-Proposal Conference.

Attendance at a Pre-Proposal Conference is optional. The pre-proposal conference will be held at (location & time). Notify the Town if you will be attending by submitting the Receipt Confirmation Form. Specific questions concerning the RFP shall be submitted in writing (facsimile will be accepted) to the individual identified in Section 5.0 prior to the conference so they can be answered at the



conference. Although questions will be permitted at the conference, answers may be deferred and included in official minutes of the pre-proposal conference which will be sent to each Proposers official representative attending the Pre-Proposal Conference as well as those Proposers originally notified of the RFP or those who have submitted a positive Receipt Confirmation Form.

5.2 RECEIPT CONFIRMATION

The receipt confirmation form shall be completed and returned to the GIS and Computer Operations Specialist to advise the Town of the Proposer's intention to participate in this solicitation. Failure to return this form will result in no further communication or addenda relating to this RFP. (See Section 8 - Attachments)

5.3 SAMPLE TOWN CONTRACT

Section 8 - Attachments contains a copy of the Town's standard Consulting Services Agreement. The Town of Carmel reserves the right to negotiate or amend contract requirements that may differ from those proposed in the sample contract.

Proposer's shall identify any exceptions taken to the terms and conditions of the sample contract. Provide rationale in support of the exception and fully explain its impact, if any, on the performance, schedule, cost and specific requirements of the solicitation.

5.6 INSURANCE REQUIRMENTS

INDEPENDENT CONTRACTOR: The CORPORATION / CONTRACTOR/ AGENCY / CONSULTANT, is an independent contractor and convenants and agrees that it, its agents, servants and/or employees, will neither hold itself/themselves out as, nor claim to be an employee, servant or agent of the TOWN, and that it, its agents and employees will not make claim, demand or application to or for any right or privilege applicable to an officer or employee of the TOWN including, but not limited to, Worker’s Compensation coverage, unemployment insurance benefits, Social Security Coverage or retirement membership or credit.

GENERAL LIABILITY: The CONTRACTOR shall, at its/his/her own cost and expense, procure and maintain insurance to cover his/her/its work, services, employees, agents and servants under the terms of this agreement which shall include, but not be limited to:

A. Comprehensive general liability insurance in a minimal amount of one

million dollars, combined single limit (CSL). or

B. Comprehensive general liability insurance in a minimal amount of one million dollars, combined single limit (CSL); with two million dollars excess of one million dollars.

WORKERS COMPENSATION: The CONTRACTOR shall procure, pay for, and maintain during the entire term of the contract such insurance as will protect both the owner and the contractor from claims under worker’s compensation acts and amendments thereto and from any other claims for property damage and for personal injury including death, which may arise from operations under this contract, whether such operations by contractor or by any other party directly or indirectly employed by the Contractor. Copy of the Certificates is to be provided to the Town of Carmel Town Clerk.



COMPREHENSIVE AUTOMOBILE INSURANCE: The CONTRACTOR procure, pay for, and maintain during the entire term of the contract in an amount no less than $300,000/$500,000 for each occurrence for bodily injury, and $100,000 for each occurrence of property damage.

DISABILITY INSURANCE & UNEMPLOYMENT INSURANCE: The Contractor shall procure, pay for, and maintain during the entire term of the contract any disability benefits and unemployment insurance as required by law. Copy of the Certificates is to be provided to the Town of Carmel Town Clerk.

PROFESSIONAL LIABLILITY INSURANCE: (I.E. Malpractice Insurance) in the amount of no less than one million and 00/100th ($1,000,000.00) dollars.

If this box IS CHECKED, Professional Liability coverage IS REQUIRED.

CONTRACTOR TO HAVE ALL OTHER INSURANCE REQUIRED BY LAW.

When the CONTRACTOR signs and returns this agreement, contractor shall provide the Town of Carmel Town Clerk with a policy endorsement showing the above-required insurance. The Town of Carmel shall be named as additional insured on all insurance policies and policy endorsements, and the policies and policy endorsements shall provide that the insurance shall not be canceled or terminated without thirty-(30) day’s prior written notice to the Town of Carmel. Unless and until CONTRACTOR obtains such insurance and provides a policy endorsement to the Town, this agreement shall not be effective and no moneys shall be paid or given to the CONTRACTOR.



TOWN OF CARMEL ENGINEERGIN DEPARTMENT

SECTION 6 - PROPOSAL FORMAT AND CONTENT

6 General Instructions

This section of the RFP provides general guidance for preparing proposals as well as specific instructions on the format and content of the proposal. The proposer’s proposal must include all data and information requested by the RFP and must be submitted in accordance with these instructions. The offer shall be compliant with the requirements as stated in the Statement of Objectives specified in the RFP. Non-conformance with the instructions provided in the RFP may result in an unfavorable proposal evaluation.

The proposal shall be clear, concise and shall include sufficient detail for effective evaluation and for substantiating the validity of stated claims. The proposal should not simply rephrase or restate the Town’s requirements, but rather shall provide convincing rationale to address how the Proposer intends to meet these requirements. Proposers shall assume that the Town has no prior knowledge of their facilities and experience, and will base its evaluation on the information presented in the proposer’s proposal.

Elaborate brochures or documentation, binding, detailed artwork, or other embellishments are unnecessary and are not desired. Similarly, for oral presentations, elaborate productions are unnecessary and not desired.

The proposer’s proposal shall be good for a period of 120 days from the opening date. The Proposer shall make a clear statement in Section A of their proposal that the proposal is valid until this date.

The Town will retain one copy of all unsuccessful proposals. Unless the Proposer requests otherwise, the Town will destroy extra copies of such unsuccessful proposals.

6.1 General Information

Discrepancies – If a Proposer believes that the requirements in these instructions contain an error, omission, or are otherwise unsound, the Proposer shall immediately notify the Town Engineer in writing with supporting rationale. The Proposer is reminded that the Town reserves the right to award this effort based on the initial proposal, as received, without discussion.

Oral Presentations - The Town will determine if and when Oral Presentations will be scheduled.

6.2 Organization/Number of Copies 6.2.1 The Proposer shall prepare the proposal as set forth below. The titles and contents of the sections

shall be as defined in this section.

Section I: Executive Summary Section II: Cost/Price Proposal Section III: Contract Documentation Section IV: Relevant Past and Present Performance Section V: Electronic Documentation



6.2.2 Cost or Pricing Information – All cost or pricing information shall be addressed ONLY in the Cost/Price Proposal Section. Cost trade-off information, work-hour estimates and material kinds and quantities may be used in other sections only as appropriate for presenting rationale for alternatives or design and trade-off decisions.

6.2.3 Trade Secret Information - Where "Trade Secret" information is required in your response, it shall be provided as a classified supplement bound in a single classified addendum to Section 2 of the proposal. Each entry in the classified addendum shall be referenced to the proposal section, page number, and paragraph number to which it applies. Similarly, a reference shall be placed in the unclassified section where the classified insert applies, giving the page and paragraph numbers within the addendum where it can be found. Binding shall conform to the same directions as those given in this RFP for unclassified portions. Pages in the classified section will be included in the page count for the applicable section.

6.2.4 Cross Referencing - To the greatest extent possible, each section shall be written on a stand-alone basis so that its contents may be evaluated with a minimum of cross-referencing to other sections of the proposal. Information required for proposal evaluation, which is not found in its designated section, will be assumed to have been omitted from the proposal.

6.2.5 Indexing - Each section shall contain a more detailed table of contents to delineate the subparagraphs within that section. Tab indexing shall be used to identify sections.

6.2.6 Glossary of Abbreviations and Acronyms - Each section shall contain a glossary of all abbreviations and acronyms used, with an explanation for each. Glossaries do not count against the page limitations for their respective sections. If no abbreviations and/or acronyms are used, then a Glossary is not required.

6.2.7 Page Size and Format - Page size shall be 8.5 x 11 inches, not including foldouts. Pages shall be single-spaced. The text size shall be no less than 11 point. Use at least 1-inch margins on the top and bottom and 3/4 inch side margins. Pages will be numbered sequentially by section.

6.2.8 Legible tables, charts, graphs and figures shall be used wherever practical to depict organizations, systems and layouts, implementation schedules, plans etc. These displays shall be uncomplicated, legible and shall not exceed 11 by 17 inches in size. Foldout pages shall fold entirely within the section, and count as a single page. Foldout pages may only be used for large tables, charts, graphs, diagrams, and schematics; and not for pages of text.

6.2.9 Binding and Labeling - All Sections of the proposal should be bound in a single three-ring loose leaf binder, with section tabs, which shall permit the proposal to lie flat when opened. Staples shall not be used. A cover sheet should be bound in each book, clearly marked as to RFP title, solicitation number, copy number, and the vendor's name. The same identifying information should be placed on the spline of each binder. All "Trade Secret" or Classified binders shall be similarly marked with the addition of "Trade Secret Information" contained on the cover sheet.

6.2.10 Electronic Documentation - Electronic submission of Proposals shall be on Compact Disk (CD) media. The CD shall be labeled with the RFP title, solicitation number, and vendor's name. The CD shall accompany the hardcopy proposal as outlined in section 6.2.9 and be placed in a CD sleeve at the back of the proposal document. The media should contain 2 copies of the entire proposal document. One (1) copy of the documentation formatted as an Adobe Portable Document Format (PDF) version 5 or 6; and one (1) copy formatted as a Rich Text Format (RTF) document.

6.2.11 Distribution - The "original" proposal shall be identified. Proposals shall be addressed to the Town Engineer and mailed or delivered to:



John Karell, Jr., P.E. Town Engineer Town of Carmel Engineering Department 60 McAlpin Ave Mahopac, NY 10541

6.3 Section I - Executive Summary

In the executive summary, the proposer shall provide the following information:

6.3.1 Narrative Summary - A concise narrative summary of the entire proposal, including significant risks, and a highlight of any key or unique features, excluding cost/price. The salient features should tie in with Section I evaluation factors/subfactors. Any summary material presented here shall not be considered as meeting the requirements for any portions of other sections of the proposal.

6.3.2 Table of Contents - A master table of contents of the entire proposal. 6.4 Section II - Cost/Price Section

Cost/Price proposals shall be submitted as detailed in Section 3 - Cost Proposal Requirements of this RFP. Only one copy of the Cost/Price proposal shall be submitted in the "Original Copy". Additional copies of the proposals shall not contain copies of the Cost/Price proposal.

6.5 Section III - Contract Documentation

The purpose of this section is to provide information to the Town for preparing the contract document and supporting file. The proposer’s proposal shall include:

6.6.1 Affidavit of Disclosure for Political Contributions – if required by Local Law. 6.6.2 Affidavit of Business Dealings in Northern Ireland – if required by Local Law. 6.6.3 Affirmative Action Plan Certification –if required by Local Law. 6.6.4 Disclosure of Responsibility Statement. 6.6.5 Special Contract Requirements – Required Licenses or Certifications. The Proposer shall include copies of any licenses and/or certifications that are required to perform any of the work required by this RFP. If no licenses and/or certifications are required, the Proposer is not required to make reference to this subsection. 6.6.6 Exceptions to Terms and Conditions – Exceptions taken to the terms and conditions of the sample contract, contract clauses, formal attachments or to other parts of the solicitation shall be identified. Each exception shall be specifically related to each paragraph and/or specific part of the solicitation to which the exception is taken. Provide rationale in support of the exception and fully explain its impact, if any, on the performance, schedule, cost and specific requirements of the solicitation. Failure to comply with the terms and conditions of the solicitation may result in the Proposer being removed from consideration for award. 6.6.7 Authorized Proposer Personnel – (See Section 8 – Attachments- Company Principal Agents) Provide the name, title, telephone number and e-mail address of the company point of contact regarding decisions made with respect to your proposal and who can obligate your company contractually. Also identify those individuals authorized to negotiate with the Town.



6.6.8 Company Address and Identifying Codes – Provide company/division’s street address, Federal Identification Number, DUNS Code, and size of business. List all locations where work is to be performed and indicate whether such facility is a division, affiliate or subcontractor, and the percentage of work to be performed at each location. 6.7 Section IV - Relevant and Past Performance 6.7.1 General – Each Proposer shall submit a past and present performance section with its proposal, containing past performance information in accordance with the format contained in the Past and Present Performance Information Form (See Section 8 - Attachments) This information is required on the Proposer and all and/or joint venture partners. Proposers are cautioned that the Town will use data provided by each Proposer in this Section and data obtained from other sources in the evaluation of past and present performance. For each contract submitted as a past performance reference, the Proposer shall submit a client authorization letter, authorizing their client to release to the Town information requested on the Proposer’s past and present performance. 6.7.2 Relevant Contracts – Submit as attachments Past and Present Performance Information Forms on 5 recent contracts that you consider most relevant in demonstrating your ability to perform the proposed effort. Include rationale supporting your assertion of relevance. 6.7.3 Specific Content – Proposers are required to explain what aspects of the reference contracts are deemed relevant to the proposed effort, and to what aspects of the proposed effort they relate. This may include a discussion of efforts accomplished by the Proposer to resolve problems encountered on prior contracts as well as past efforts to identify and manage risk. Merely having problems does not automatically equate to a little or no confidence rating, since problems encountered may have been on a more complex program, or a Proposer may have subsequently demonstrated the ability to overcome the problems encountered. The Proposer is required to clearly demonstrate management actions employed in overcoming problems and the effects of those actions, in terms of improvements achieved or problems rectified. This may allow the Proposer to be considered a higher confidence candidate. 6.7.4 Organizational Structure Change History – Many companies have acquired, been acquired by, or otherwise merged with other companies, and/or reorganized their divisions, business groups, subsidiary companies, etc. In many cases, these changes have taken place during the time of performance of relevant present or past efforts or between conclusion of recent past efforts and this source selection. As a result, it is sometimes difficult to determine what past performance is relevant to this acquisition. To facilitate this relevancy determination, include in this proposal section a “roadmap” describing all such changes in the organization of your company. As part of this explanation, show how these changes impact the relevance of any efforts you identify for past performance evaluation. Since the Town intends to consider present and past performance information provided by other sources as well as that provided by the Proposer(s), your roadmap should be both specifically applicable to the efforts you identify and general enough to apply to efforts on which the Town receives information from other sources. 6.8 Section V – Electronic Documentation 6.8.1 Electronic Documentation – Each Vendor shall submit 1 Compact Disk (CD) containing 2 copies of their entire proposal as outlined in section 6.2.10.




SECTION 7 - ATTACHMENTS

The following forms are contained in this section for use in submitting a proposal:

Receipt Confirmation Form Disclosure of Responsibility Statement RFP Form RFP Price Form Non-Collusive Proposal Certification Company Principal Agents Certification of Vendor Regarding Equal Employment Opportunity Vendor Company History Past & Present Performance Information Form Security Statement Sample Town Consultant Contract




Receipt Confirmation Form

RFP #: 2004-0009

Please complete and return this confirmation form within 5 working days of receiving RFP package to:

Joe Heggenstaller, GIS and Computer Operations Specialist Town of Carmel 60 McAlpin Ave Mahopac, NY 10541 E-mail: [email protected] Telephone: (845) 628-1500 Fax: (845) 628-7085

Failure to return this form may result in no further communication or addenda regarding this RFP. Company Name: ____________________________________________________________ Address: ___________________________________________________________________ City: ______________________________________________ State: __________ Zip Code: ___________ Contact Person: ________________________________________ Phone Number: ______________________________ EXT: ________ Fax Number: ________________ I have received a copy of the above noted RFP. __ ____ We will be submitting a Proposal __ ____ We will not be submitting a Proposal I authorize the Town of Carmel to send further correspondence that the Town deems to be of an urgent nature by the following method: Courier Collect: U.S. Mail: Signature: _____________________________ Title: _________________________________ If a vendors meeting has been arranged for this RFP, please indicate if you plan to attend: Yes / No




DISCLOSURE OF RESPONSIBIILTY STATEMENT

1. List any convictions of any person, subsidiary, or affiliate of the company, arising out of obtaining, or

attempting to obtain a pubic or private contract or subcontract, or in the performance of such contract or subcontract.

_________________________________________________________________________________

2. List any convictions of any person, subsidiary, or affiliate of this company for offenses such as embezzlement,

theft, fraudulent schemes, etc. or any other offense indicating a lack of business integrity or business honesty which affect the responsibility of the contractor.

_________________________________________________________________________________

3. List any convictions or civil judgements under state or federal antitrust statutes.

_________________________________________________________________________________

4. List any violations of contract provisions such as knowingly (without good cause) to perform, or unsatisfactory performance, in accordance with the specifications of a contract.

_________________________________________________________________________________

5. List any prior suspensions or debarments by any government agency.

_________________________________________________________________________________

6. List any contracts not completed on time.

_________________________________________________________________________________ 7. List any documented violations of federal or state labor laws, regulations or standards, or occupational safety

and health rules.

_________________________________________________________________________________ ------------------------------------------------------------------------------------------------------------------------------- I, __________________________________, as __________________________________________ Name of Individual Title & Authority Of ________________________________________________, declare under oath that the above Company Name Statements, including any supplemental responses attached hereto, are true. ______________________________________________________ Signature State of ___________________________________ County of_______________________________ Subscribed and sworn to before me on this_________day of ___________20__ by __________________ Representing him/herself to be ___________________________________of the Company

jmh



REQUEST FOR PROPOSAL (RFP) FORM TOWN OF CARMEL

ENGINEERING DEPARMENT THIS RFP IS SUBMITTED TO: THE TOWN OF CARMEL The undersigned VENDOR proposes and agrees, if this Proposal is accepted, to enter into an agreement with the TOWN in substantially the same form included in the RFP Documents to perform and furnish all work as specified or indicated in the RFP Documents for the RFP Price and within the RFP Time indicated in this RFP and in accordance with the other terms and conditions of the RFP Documents. The VENDOR accepts all terms and conditions of the Advertisement or invitation to submit Proposal and Instructions to Vendors, including without limitation those dealing with the disposition of RFP security. This RFP will remain subject to acceptance for forty-five days after the day of RFP opening. VENDOR will sign and submit the Agreement with Bonds and other documents required by the RFP Requirements within fifteen days after the date of TOWN'S Notice of Award. In submitting this RFP, VENDOR represents, as more fully set forth in the Agreements, that: VENDOR has examined copies of all the RFP Documents and of the following Addenda (receipt of all which is hereby acknowledged): DATE: ____________________ NUMBER: ____________________

YOU MUST INSERT THE DATE AND NUMBER OF ADDENDA ABOVE VENDOR has familiarized itself with the nature and extent of the Contract Documents, works site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing to the work. VENDOR has reviewed and checked all information and data shown or indicated on the RFP Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports or similar information or data in respects of said Underground Facilities are or will be required by VENDOR in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. VENDOR has given ENGINEER written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to VENDOR.



REQUEST FOR PROPOSAL (RFP) FORM TOWN OF CARMEL

ENGINEERING DEPARMENT (Page 2 of 2)

By submission of this RFP, each VENDOR and each person signing on behalf of any VENDOR certifies, and in the case of a joint RFP, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: The prices in this RFP have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices and any other Vendor or with any competitor; Unless otherwise required by law, the prices which have been quoted in the RFP have not been knowingly disclosed by the VENDOR and will not knowingly by disclosed by the VENDOR prior to opening, directly or indirectly, to any other VENDOR or to any competitor; and No attempt has been made or will be made by the VENDOR to induce any other person, partnership or corporation to submit or not to submit a RFP for the purpose of restricting competition.



Request for Proposal Price Form for

Network and Information Technology

Support Services For

The Town of Carmel

CONTRACT # 2004-0009 VENDOR'S NAME: ______________________________________________ ADDRESS: ___________________________________________________ ______________________________________________________________ VENDOR WILL COMPLETE ALL WORK FOR THE FOLLOWING PRICE: ______________________________________________________________ (THE VENDOR SHALL STATE THE PROPOSAL PRICE FOR EACH ITEM BOTH IN WORDS AND IN FIGURES.) TOTAL AMOUNT OF LUMP SUM RFP: WORDS: FIGURES: SIGNED: ________________________________________________________ SUBMITTED ON: _________________________________________________



TOWN OF CARMEL NON-COLLUSIVE PROPOSAL CERTIFICATION

By submission of this proposal, the undersigned vendor(s) (certified) (certify) that to the best of (his) (their) knowledge and belief: (a) The prices in this RFP have been arrived at independently without collusion, consultation, communication, or agreement, as to any matter relating to such prices with any other vendor or with any competitor, and (b) The prices which have been quoted in this RFP have not been knowingly disclosed by the vendor and will not knowingly be disclosed by the vendor prior to opening, directly or indirectly, to any other vendor or to any competitor; and (c) No attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit or not to submit a bid. IN WITNESS WHEREOF, (we) (I) have executed this certificate and affirm the truth of the statements therein set forth under penalty of perjury the ______________ day of ________________________________, 200___. ______________________________________ (Signature of Individual Signing Bid) by ______________________________________



TOWN OF CARMEL COMPANY PRINCIPAL AGENTS

CORPORATION ONLY: AFFIANT FURTHER SAYS THAT THE FOLLOWING IS A COMPLETE AND ACCURATE LIST OF THE OFFICERS, DIRECTORS AND ATTORNEYS OF SAID CORPORATION:

PRESIDENT: VICE PRESIDENT:

SECRETARY: TREASURER:

LOCAL MANAGER OR

AGENT: ATTORNEYS: STATUTORY

AGENT: DIRECTORS:

And that the following officers are duly authorized to execute contracts on behalf of said corporation: Affiant further says that the bid filed herewith is not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization of corporation; that such bid is genuine and not collusive or sham; that said bidder. has not, directly or indirectly, induced or solicited any other bidder to put in a false or sham bid, and has not, directly or indirectly, colluded, conspired, connived or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that said bidder has bid in a manner, directly or indirectly, sought by agreement, communication or conference with anyone to fix the bid price of said bidder or of any other bidder, or to fix any overhead, profit, or cost element of each bid price or that of any other bidder, or to secure any advantage against the Owner or anyone interested in the proposed contract; that all statements contained in such bid are true; that said bidder has not, directly or indirectly, submitted his bid or any break-down thereof or the contents thereof, or divulged information or data relative thereto, or paid or agreed to pay, directly or indirectly, any money, or other valuable consideration, partnership, company, association, organization, or to any member or agent thereof, or to any other individual, except to such person or persons as hereinabove disclosed to have a partnership or other financial interest with said bidder in his general business; and further that said bidder will not pay or agree to pay, directly or indirectly, any money or other valuable consideration to any corporation, partnership, company, association, organization or to any member or agent thereof, or to any other individual, for aid or assistance in securing contract above referred to in the event the same is awarded to:

(Name of Individual, Partnership or Corporation) Further affiant saith not. (Sign Here) Sworn to before me and subscribed in my presence the _____ day of _________ A.D., 200____.

(Notary Public)



TOWN OF CARMEL CERTIFICATION OF VENDOR REGARDING

EQUAL EMPLOYMENT OPPORTUNITY

GENERAL In accordance with Executive Order 11246 (30 F.R. 12319-25), the implementing rules and regulations thereof, and orders of the Secretary of Labor, a Certification regarding Equal Opportunity is required of Vendors or prospective contractors and their proposed subcontractors prior to the award of contracts or subcontractors. CERTIFICATION OF VENDOR: Vendor's Name: ___________________________________________________ Address: ________________________________________________________ Internal Revenue Service Employer Identification Number: _________________ 1. Participation in a previous contract or subcontract.

A. Vendor has participated in a previous contract of subcontract subject to the Equal Opportunity Clause YES □ NO □ B. Compliance reports were required to be filed in connection with such contract or subcontract YES □ NO □ C. Vendor has filed all compliance reports required by the Executive Orders 10925, 11114, 11246 or by regulations of the Equal Employment Opportunity Commission issued pursuant to Title VII of the Civil Rights Act of 1964

YES □ NO □ D. If answer to item C is "NO", please explain in detail on reverse side of this certification.

2. Dollar amount of bid $ __________________________________________ 3. Anticipated performance period ______________________________ days. 4. Expected total number of employees who will perform the proposed construction: ____________________________________________________ 5. Nonsegregated facilities.

A. Notice to prospective Federally Assisted Construction Contractors. 1. A Certification of Nonsegregate Facilities, as required by the May 9, 1967, order (32 F.R. 7439, May 19, 1967) on elimination of Segregated Facilities, by the Secretary of Labor, must be submitted to the recipient prior to the award of a federally-assisted construction contract exceeding $10,000 which is not exempt from the provisions of the Equal Opportunity clause. 2. Contractors receiving federally-assisted construction contract awards exceeding $10,000 which are not exempt from the provisions of the Equal opportunity clause will be required to provide for the forwarding of the following notice to prospective subcontractors for supplies and construction contracts where the subcontracts exceed $10,000 and are not exempt from the provisions of the Equal Opportunity clause:



B. Notice to Prospective Subcontractors of Requirement for Certification of Nonsegregated Facilities.

1. Contractors receiving subcontract awards exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause will be required to provide for the forwarding of this notice to prospective subcontractors for supplies and construction contracts where the subcontracts exceed $10,000 and are not exempt from the provisions of the Equal Opportunity clause.

C. Certification of Nonsegregated facilities: The Federally-assisted construction contractor certifies that he does not maintain or provide his employee any segregated facilities at any of his establishments and that he does not permit his employee to perform their services at any location, under his control, were segregated facilities are maintained. The federally assisted construction contractor agrees that a breach of this certification is a violation of the Equal Opportunity clause in this contract. As used in this certification, the term "segregated facilities means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or national origin, because of habit, local custom, or otherwise. The Federally-assisted construction contractor agrees that (except where he has obtained identical certifications from proposed subcontractors for specific time periods) he will obtain identical certifications in duplicate from proposed subcontractors prior to the award of subcontractors exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause, and the he will retain the duplicate of such Certifications in his files. The contractor will include the original in his Bid Package.

6. Race or ethnic group designation of bidder. Enter race or ethnic group in the appropriate box:

□ Aleut □ Spanish-American □ Oriental □ American Indian □ Eskimo □ African-American □ White (other than Spanish American)

REMARKS: Certification - The information above is true and complete to the best of my knowledge and belief. Name and title of signer (please type) Signature Date

Note: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001




VENDOR COMPANY HISTORY

. 1. What year was the company formed? _________________ 2. State the true, exact, correct and complete name of the partnership, corporation, or trade

under which you do business, and the address of the place of business. (If a corporation, state the name of the President and Secretary. If a Partnership, state the names of all partners. If a trade name, state the names of the individuals who do business under the trade name). ___________________________________________________________

3. How many years have you been at the current location? _______________

4. How many staff members do you employ? ____________

How many technical? ______________ How many non-technical? ____________

5. How many members hold degrees in computer related fields? ______________

How many members maintain Microsoft certifications? _________________ If so, which certifications? ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________

6. What is the average number of years of experience for each technical staff member?

__________ 7. How many clients do you currently maintain? ___________________

8. How many clients are political subdivisions? ____________________

9. What is your yearly client growth? _________________

10. What is the average length of time you maintain a client relationship?

________________

11. What is your geographic service area? ___________________

12. How many successful server restorations has your company completed from emergency backup tape in a real world “live” situation? This would include reinstalling the operating system to new hardware, restoring the system state, Active Directory and file system. __________________



What was the average time (hours) that it took to return the customer to regular operations? _________________




PAST & PRESENT PERFORMANCE INFORMATION FORM

Provide the information requested in this form for each contract/program being described as a reference. Provide frank, concise comments regarding your performance on the contracts you identify. Provide a separate completed form for each contract/program submitted. Limit the number of past efforts submitted and the length of each submission to the limitations set forth at paragraph 6.7.2 of Section V.

A. Vendor Name (Company/Division): ____________________________________________

B. Contract Name/Title: ____________________________________________

C. Contract Specifics:

1. Customer: ___________________________________________________ 2. Period of Performance:______________________________________________

3. Original Contract Value:_____________________________________________

4. Current or Final Contract Value:_______________________________________

D. Brief Description of your Effort. Identify whether you were a Prime or Subcontractor. ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________

________________________________________________________________________

________________________________________________________________________ 1. Include number of servers ________ and workstations __________ owned by the

client and number of servers ________ and workstations __________ maintained by

your organization.

2. List Operating systems used by the client.

________________________________________________________________________ ________________________________________________________________________



3. List software used by the client (i.e. – productivity, building permit, town clerk, tax receiver, comptroller, asset management, etc.) and indicate if your organization is responsible for assistance with troubleshooting and maintenance. ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________

E. Completion Date:

1. Original Date: ______________________________ 2. Current or Final Date:______________________________ 3. How Many Times Changed:_________________________ 4. Primary Causes or Reasons of Change:_______________________________________ ________________________________________________________________________

F. Primary Customer Points of Contact: (For Government Contracts, provide current information on both individuals. For commercial contracts, provide points of contact fulfilling these same roles.)

1. Program/Project Manager:

Name: ____________________________________________________ Address: ____________________________________________________ Telephone: __________________________ Fax:______________________



E-mail:___________________________________________________________

2. Contracting Officer

Name: ____________________________________________________ Address: ____________________________________________________ Telephone: __________________________ Fax:______________________ E-mail:___________________________________________________________

G. Address any technical (or other) area about this contract/program considered unique. H. Specify, by name, any key individual(s) who participated in this contract and are proposed to

support acquisition detailed in the RFP.

I. Identify whether subcontractors were utilized on the referenced contract/program. If subcontractors were used, identify the names of the subcontractors and the percentage of the contract the subcontractor was responsible for.




SECURITY STATEMENT

USE OF CONFIDENTIAL INFORMATION Our company will respect and maintain strict confidentially in the use of all data that our company employees may gain access to for the purpose of preparing a response to RFP#____________ and for the performance of any subsequent contract. Information obtained from the Town will be used only by authorized company employees and for only those purposes for which the Town provides the information. Those employees who handle the information will be notified of its strictly confidential nature. Our company will also take responsibility for returning to the Town promptly after use, all documents supplied along with all records of information derived therefrom. ______________________________ __________________________ Signature of Company Representative Date ______________________________ Name ______________________________ Title ______________________________ Company Name




Federal ID #____________________

CONTRACT THIS AGREEMENT made the day of 20__, by and between the TOWN OF CARMEL, a municipal corporation of the State of New York, having its principal office at 60 McAlpin Ave., Mahopac, New York 10541, hereinafter referred to as "TOWN," and with offices located at hereinafter referred to as "CONSULTANT," in the manner following:

W I T N E S S E T H: WHEREAS, TOWN is desirous of entering into an agreement with CONSULTANT for and . WHEREAS, by Resolution No. , the Town Board of Town of Carmel authorize the Town Supervisor to execute this agreement and appropriate the necessary funds for the services of CONSULTANT for the period hereinafter stated, WHEREAS, CONSULTANT has the skills, experience, expertise and independence necessary to provide TOWN with the services contracted for, NOW THEREFORE, the parties hereto, in consideration of the covenants, agreements, terms and conditions herein contained, do agree as follows: 1. SERVICES: CONSULTANT, shall render and perform services for and to TOWN. CONSULTANT represents and warrants to TOWN that it, and its employees, agents and servants possess all the skills, experience, expertise and independence to render these services to TOWN. 2. CONTRACT DOCUMENTS The Contract Documents shall consist of the following (including their attachments and exhibits):

a. This Agreement b. Addenda (if any) c. Proposal form d. Instructions to Proposers e. Signed copy of Proposal, with all attachments required for Proposing f. General Specifications

g. General Conditions h. Detailed Specifications i. Drawings (as listed in the

Schedule of Drawings) j. Performance Bond k. Certificates of Insurance l. Labor and Material Bonds

THIS AGREEMENT, together with other Documents enumerated in this Article 2, which said other Documents are as fully a part of the Contract as if hereto attached or herein repeated, forms the Contract between the parties hereto. In the event that any provision in any component part of this Contract conflicts with any provision of any other component, the part first enumerated in this Article 2 shall govern, except as otherwise specifically stated.



3. TERM: CONSULTANT services to be performed under this agreement shall be for the time period of 4. PAYMENT: The TOWN agrees to pay CONSULTANT and CONSULTANT agrees to accept a maximum sum not to exceed ($ ), as its entire fee as compensation for CONSULTANT's services rendered under this agreement. CONSULTANT shall not be entitled to any payment or monies unless CONSULTANT's services as set forth herein are acceptable to TOWN. All out-of-pocket and other expenses incurred by CONSULTANT in connection with the performance of services under this agreement shall be borne solely by CONSULTANT. To request payment, CONSULTANT shall submit to TOWN, a properly completed voucher form. 5. INDEPENDENT CONTRACTOR: CONSULTANT is an independent contractor and covenants and agrees that it, its agents, servants and/or employees, will neither hold itself/themselves out as, nor claim to be an employee, servant or agent of TOWN, and that it, its agents and employees will not make claim, demand or application to or for any right or privilege applicable to an officer or employee of TOWN including, but not limited to, Worker's Compensation coverage, unemployment insurance benefits, Social Security coverage or retirement membership or credit. 6. INSURANCE REQUIREMENTS: CONSULTANT shall, at its/his/her own cost and expense, procure and maintain insurance to cover his/her/its work, services, employees, agents and servants under the terms of this agreement which shall include, but not be limited to:

a. Commercial General Liability Insurance in a minimal amount of one million dollars, combined single limit (CSL) with two million dollars excess of one million dollars; b. Worker's Compensation; c. Disability Insurance; d. all other insurance required by law.

When CONSULTANT signs and returns this agreement, CONSULTANT shall provide Town with a policy endorsement showing the above required insurance. TOWN OF CARMEL shall be named as an additional insured on general liability insurance policies and policy endorsements, and the policies and policy endorsements shall provide that the insurance shall not be cancelled or terminated without thirty (30) days prior written notice to TOWN. Unless and until CONSULTANT obtains such insurance and provides a policy endorsement to TOWN, this agreement shall not be effective and no monies shall be paid or given to CONSULTANT. 7. INJURY, PROPERTY DAMAGE: CONSULTANT shall be responsible for all damages and/or injury to life and property due to, or resulting from, the activities or omissions of CONSULTANT, its agents or employees in connection with its work, activities or services under this agreement. CONSULTANT represents and warrants that its agents and employees possess the experience, knowledge, skills and independence necessary for the work/services to be performed in connection with this agreement. 8. INDEMNIFY AND HOLD HARMLESS: CONSULTANT agrees to protect, indemnify and hold harmless TOWN and its respective officers, employees and agents from and against all claims, actions and suits and will defend the TOWN and its respective officers, employees and agents, at its own cost and at no cost to the TOWN, in any suit, action or claim, including appeals, for personal injury to, or death of, any person, or loss or damage to property arising out of, or resulting from, the activities or omissions of CONSULTANT. These indemnification provisions are for the protection of the TOWN and its respective officers, employees and agents only and shall not establish, of themselves, any liability to third parties. The provisions of this section shall survive the termination of this agreement.



9. FINANCIAL RECORDS/AUDIT: CONSULTANT shall maintain records of all its financial transactions, including all expenses and disbursements which relate to this agreement. Such records shall be kept in accordance with GAAP (Generally Accepted Accounting Practices) and/or TOWN record-keeping requirements, and each transaction shall be documented. Such records shall be made available to TOWN for inspection or audit upon request. No compensation or fee for services will be due CONSULTANT unless or until financial statements have been filed with the Town of Carmel, if and when required by Town of Carmel. 10. LIABILITY ONLY FOR MONIES BUDGETED: This agreement shall be deemed executory to the extent of the monies appropriated in TOWN 's current budget for the purposes of this agreement and no liability shall be incurred by TOWN, or any department, beyond the monies budgeted and available for this purpose. The agreement is not a general obligation of the TOWN. Neither the full faith and credit nor the taxing power of the TOWN are pledged to the payment of any amount due or to become due under this agreement. It is understood that neither this agreement nor any representation by any TOWN employee or officer creates any obligation to appropriate or make monies available for the purpose of the agreement. This agreement shall not be effective unless the monies to be paid hereunder by the TOWN are appropriated in the Town budget. 11. NO ASSIGNMENT: CONSULTANT shall not assign, sublet or transfer or otherwise dispose of its interest in this agreement without the prior written consent of the TOWN. 12. LAWS OF THE STATE OF NEW YORK: This agreement shall be governed by the Laws of the State of New York. 13. LABOR LAW AND EXECUTIVE LAW: CONSULTANT shall comply with all of the provisions of the Labor Law of the State of New York including, but not limited to, prevailing wage provisions, if required by law, and with Article 15 of the Executive Law of the State of New York relating to unlawful discriminatory practices insofar as the provisions are applicable to the work and/or services to be performed under this agreement. 14. LOCAL LAWS AND RESOLUTIONS: CONSULTANT shall comply with all local laws and resolutions of the Town of Carmel, including, but not limited to, filing of Disclosure Statements and Affirmative Action Plans, if required by law or resolution. 15. APPROVAL OF FEDERAL, STATE AND LOCAL AGENCY: Notwithstanding any other provisions of this agreement, TOWN shall not be liable for any payment or compensation to CONSULTANT until the services rendered by CONSULTANT under this agreement meet the approval and standards of any other Federal, State or local agency, authority, commission or body, which has jurisdiction over the services to be rendered under this agreement which provides funding in whole or in part for the services provided under this agreement. 16. COMPLY WITH AMERICANS WITH DISABILITIES ACT OF 1990: CONSULTANT agrees to comply with the provisions of the Americans With Disabilities Act of 1990 (ADA) prohibiting discrimination on the basis of disability with regard to employment policies and procedures, structural and program accessibility, transportation and telecommunications. 17. WORK MADE FOR HIRE: CONSULTANT agrees and acknowledges that any Work made under the terms of this contract are a “work made for hire,” as that term is defined in Section 101 of Title 17 of the United States Code (the Copyright Act). As a work made for hire, the Work is the sole property of Owner. Owner has the unlimited and unrestricted right to reproduce the Work, to distribute the Work, to create derivative materials based on the Work, to publicly display the Work, to publicly perform the Work, and to transmit the Work digitally or by any other means.



18. TERMINATION/AMENDMENT: This agreement may be terminated or amended, either with or without cause, on at least thirty (30) days written notice by TOWN. 19. ENTIRE AGREEMENT/NO MODIFICATION: This agreement constitutes the entire agreement between the parties and supersedes all prior negotiations, representations or agreements either oral or written. It may not be modified except by a writing signed by the parties. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first written. By:_________________________ By:________________________ Dated: _____________________ Dated: _____________________ TOWN OF CARMEL By:_______________________ ROBERT J. POZZI Town Supervisor Dated: _____________________

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