T-0750 24 Roofing Consulting Services Div. of Prop. 02/13/03 NOTIFICATION OF AWARDED TERM CONTRACT T-0750 ROOFING CONSULTING SERVICES 1.0 PURPOSE AND INTENT 1.1 This Request for Proposal RFP)/Contract is issued by the Purchase Bureau, Division of Purchase and Property, Department of the Treasury on behalf of The Division of Property Management & Construction. The purpose of this Request for Proposal (RFP)/contract is to provide specialized consulting services to ensure that, when deemed necessary, all State roofing systems will be contracted and handled by qualified roofing consultants or design firms who have a proven history of proper qualifications, competence, experience, and performance. 1.2 The State awarded one contract for each of three (3) regions of the State to the responsible bidders whose bid, conforming to this invitation for bid, is most advantageous to the State, price and other factors considered. Northern Region - Warren, Sussex, Passaic, Bergen, Essex, Hudson, Morris, Somerset, and Union County. Central Region - Mercer, Monmouth, Middlesex, Ocean, Hunterdon, and Burlington Counties. Southern Region - Camden, Atlantic, Cape May, Cumberland, Gloucester, and Salem Counties. 1.3 Key Events 1.3.1 Questions and Inquiries Written questions should be mailed or faxed to the Purchase Bureau to the attention of the assigned Purchase Bureau buyer at the following address: Purchase Bureau Division of Purchase and Property State of New Jersey P.O. Box 230 Trenton, New Jersey 08625 Fax: 609-292-5170 Attention: Robert Dwyer/Anthony F. Genovese 126.96.36.199 CUT-OFF DATE FOR QUESTIONS AND INQUIRIES Not applicable to NOA 188.8.131.52 Question Protocol Questions should be submitted in writing to the attention of the assigned Purchase Bureau buyer. Written questions should be directly tied to the RFP by the writer. Questions should be asked in Short procedural inquiries may be accepted by telephone by the Purchase Bureau buyer, however, oral explanations or instructions given over the telephone shall not be binding on the State. Bidders shall not contact the DPMC directly, in person, or by telephone, concerning this RFP. 1.3.2 Mandatory Pre-Bid Conference Not applicable to NOA 1.4 Additional Information Not applicable to NOA 1.4.1 Revisions to this RFP Not applicable to NOA 1.4.2 Addendum as a Part of this RFP Any addendum to this RFP shall become part of this RFP and part of any contract awarded as a result of this RFP. 1.4.3 Issuing Office This RFP/Contract is issued by the Purchase Bureau, Division of Purchase and Property. The buyer noted in Section 1.3.1 is the sole point of contact between the contractor and the State for purposes of this RFP. 1.4.4 Bidder Responsibility The bidder assumes sole responsibility for the complete effort required in submitting a proposal in response to this RFP. No special consideration will be given after bids are opened because of a bidder's failure to be knowledgeable of all of the requirements of this RFP. By submitting a proposal in response to this RFP, the bidder represents that it has satisfied itself, from its own investigation, of all of the requirements of this RFP. 1.4.5 Cost Liability The State assumes no responsibility and bears no liability for costs incurred by a bidder in the preparation and submittal of a proposal in response to this RFP. 1.4.6 Contents of Bid Proposal The entire content of every proposal will be publicly opened and will become a matter of public record. This is the case notwithstanding any statement to the contrary made by a bidder in its proposal. All bid proposals, as public records, are available for public inspection. Interested parties can make an appointment to inspect proposals received in response to this RFP by contacting the Purchase Bureau buyer. 1.4.7 Price Alteration Bid prices must be typed or written in ink. Any price change (including "white-outs") must be initialed. Failure to initial price changes shall preclude an award being made to the bidder. 2.0 DEFINITIONS 2.1 Definitions The following definitions shall be part of any contract awarded or order placed as a result of this RFP: Addendum - Written clarification or revision to this RFP issued by the Purchase Bureau. All-Inclusive Hourly Rate - all direct and indirect costs including, but not limited to: overhead, fee or profit, clerical support, travel expenses, safety equipment, materials, supplies, managerial support and all documents, forms, and reproductions thereof. Hourly rates also include portal to portal expenses. Time spent in traveling to and from the work site or employee's normal work station should not be included in any estimates. Amendment - A change in the scope of work to be performed by the contractor. An amendment is not effective until it is signed by the Director, Division of Purchase and Property. Bidder - An individual or business entity submitting a bid in response to this RFP. Contract - This RFP, any addendum to this RFP, and the bidder's proposal submitted in response to this RFP and the Division's Notice of Acceptance. Contractor - The contractor is the bidder awarded a contract. Director - Director, Division of Purchase and Property, Department of the Treasury. By statutory authority, the Director is the chief contracting officer for the State of New Jersey. Division - The Division of Purchase and Property. DPMC - The Division of Property Management and Construction located within the State of New Jersey, Department of Treasury. Evaluation Committee - a committee established to review and evaluate bid proposals and recommend a contract award. The committee includes representatives of the DMPC and central purchasing authority. One member may be appointed from another agency or political subdivision as a disinterested third party. Formal Date of Award - effective date of contract and work initiation. May - Denotes that which is permissible, but not mandatory. Request for Proposal (RFP) - This document, which establishes the bidding and contract requirements and solicits proposals to meet the purchase needs of Using Agencies as identified herein. Shall or Must - Denotes that which is a mandatory requirement. Failure to meet a mandatory requirement will result in the rejection of a bid proposal, as materially non-responsive. Should - Denotes that which is recommended, but not mandatory. State - State of New Jersey State Contract Manager - The individual responsible for the approval of all deliverables, i.e., tasks, sub-tasks or other work elements in the scope of work. State Building Manager - The individual assigned by DPMC to oversee the particular State owned building. 3.0 SCOPE OF WORK 3.1 The scope of work required under this RFP includes a review of existing physical conditions of roofing systems on any number of State facilities, and to then formulate a program of preventive maintenance and quality assurance for each of these facilities and to recommend replacement only when deemed absolutely necessary and in the best interest of the Division of Property Management & Construction (DPMC) and the State. A preventive maintenance program and quality assurance program will be provided for each roofing system reviewed by the Contractor. 3.2 The preventive maintenance program will provide the following services: 3.2.1 A thorough visual inspection of an existing roofing system. 3.2.2 A report issued outlining the following: a) The total square footage of the roof area. b) Photographs are to be included so as to document all conditions that are reported. c) The construction of the roofing system, including the roof deck. d) A general condition will be issued for each roof system. e) All defects, problems, and potential problems will be marked on each roof. f) These problem areas will be outlined on a detail of that facility along with all pertinent dimensions. g) All existing roof leaks at each facility will be outlined on this detail, as will their probable cause and recommendations for repairs. h) Formulate short range, intermediate range and long range recommendations and budget costs for these recomendations. Also, a time frame for implementing these recommendations is to be included. 3.2.2.a Contractor's Report Review with DPMC a) Review this report with DPMC so as to formulate a list of priorities. b) Provide guidelines for DPMC to implement an active preventive maintenance program for all their roof areas, and to provide their design criteria for the scope work included under a preventive maintenance contract and assist them in the selection of a proper, qualified, and competent roofing contractor to complete the required work. c) Be capable of conducting nondestructive roof scans where deemed necessary and with the approval of DPMC. 3.2.3 The contractor must provide a Quality Assurance Program, which will include the following services: a) Experienced and knowledgeable field inspectors will be required to review all leakage conditions and pinpoint the cause of causes of all roof leaks. b) These inspectors will then review these leakage conditions with the designated roofing contractor. c) The inspector will inspect all completed leak repairs during the next rainfall and sign off on all the repairs that have been satisfactorily completed. d) Also, a full time qualified, experienced, and knowledgeable roof inspector will be on site during all preventive maintenance repairs and issue daily reports as to the work completed and its quality and subsequently sign off all completed work. e) Field inspectors will be required to review work under both rain and dry conditions and be on site by 7:00 a.m., if notified by 4:00 p.m. of the previous day. This is the sole responsibility of the inspection and consulting contractor. They are not to disrupt the workflow in any way, due to their manpower schedule. 3.3 Roofing Consultant and Design Contractor Qualifications 3.3.1 The contractor is to have a working knowledge of conventional Built-up Roofing Systems (BUR), coal tar pitch, modified bitumens, slate, shingles, Polyvinyl Chloride (PVC's), chlorinated polyethylene single ply membrane roofing (CPE), Synthetic elastomer based on ethylene propylene and a small amount of non-conjugated diene to provide site for vulcanization (EPDM), etc. 3.3.2 The consulting contractor is to have a firm understanding of current roofing industry problems as they relate to materials, systems, design deficiencies, etc. 3.3.3 The contractor must be authorized to install and repair major roofing material manufacture's roofing systems. If the successful bidder intends to use subcontractors, the cost for subcontractor labor should meet legally mandated costs such as the prevailing wage and benefit costs. 3.3.4 The contractor is to have a principal or staff member who has been previously classified as an expert roofing witness in court litigation. An expert witness is defined as a principal or member of the contractor who is a registered or certified member a recognized roof consultant organization. Note: The pre-approval by DPMC is not a prerequisite for qualifications. However, it is acceptable if the contractor is already prequalified with DPMC. 3.3.5 The contractor is to have an in-house staff of qualified inspectors, (minimum of three) who can respond within the time and conditions previously stated. 3.3.6 The contractor is to have in-house personnel who have attended roofing seminars such as CPE manufacturers schools or credit earned units for attending roofing educational seminars. 3.3.7 The contractor is to have qualified in-house personnel who can make a proper value judgment as to whether a leak can be repaired, and whether a roof system can be repaired and maintained, as opposed to full replacement as the "safe answer." 3.3.8 The contractor must be capable of developing a leak report and repair procedure for prompt handling of all leakage conditions. The contractor must be able to complete the leak report and repair procedure within twenty four (24) hours after notification to perform a roofing consulting service by the State's Contract Manager. 3.3.9 Field inspectors must be capable of determining the difference between roof leaks, drain leaks, wall leaks, equipment leaks, etc., and provide resolutions for these individual leakage problems. 3.3.10 A principal or registered or certified member of the contractor must be a member of a recognized roof consultant organization, such as The Roof Consultants Institute or the Institute of Roofing and Waterproofing Consultants and should not be affiliated with any materials manufacturer or supplier. 3.3.11 When needed, the contractor must have in-house personnel capable of monitoring new roof construction and installation procedures to ensure proper quality control for the. 3.3.12 The contractor is to have in-house capabilities to effect roof cuts and proper repairs as needed in the course of investigation. 3.3.13 The contractor must use only skilled, competent, trained roofing personnel having a minimum experience of three (3) years in the maintenance and/or emergency repairs of generic roofing systems as stated in RFP paragraph 3.3.2. Bidders must provide proof of qualifications and experience of all personnel as specified in RFP 4.6. 3.3.14 The contractor shall adhere to the facility's rules and regulations and shall sign in and out at the State's Building Manager's office whenever entering or leaving the premises. 3.4 Regions Covered 3.4.1 For purposes of bidding and award, the will be divided into three (3) regions as follows: a) Northern Region - Warren, Sussex, Passaic, Bergen, Essex, Hudson, Morris, Somerset, and Union County. b) Central Region - Mercer, Monmouth, Middlesex, Ocean, Hunterdon, and Burlington Counties. c) Southern Region - Camden, Atlantic, Cape May, Cumberland, Gloucester, and Salem Counties. 3.4.2 Each region will be considered as a single unit and contracts on any region will be for all counties in that region. 3.4.3 The State intends to award one (1) contract per region. However, it should be noted that a bidder may bid on all regions and in fact be awarded one, two, or three regions. 4.0 PROPOSAL PREPARATION AND SUBMISSION 4.1 General The bid response proposal is the State's primary vehicle for obtaining essential information on which contract award decisions are based. Bidders are cautioned that their failure to submit the information as required may result in a determination that the bidder's proposal is non-responsive to RFP requirements. Any qualifying statements by the bidder which effect change(s) to RFP Purchase Standard Terms and Conditions, Special Terms and Conditions, Specifications or other RFP requirements may be regarded as non-responsive. Consequently, the bidder's eligibility for contract award may be jeopardized. Therefore, bidders are encouraged not to take exception to the State 's Term's, Conditions or Specifications. In the event that a bidder wishes to Take exception to any of the State's Terms, Conditions or Specifications, Such exceptions should be detailed in a cover letter to the bid response proposal and must cross reference the applicable RFP page and section reference number. All instructions, contained in the solicitation document (RFP) should be met in order to qualify for consideration for award. Proposals which do not meet or comply with all instruction may be considered non-responsive. The information required to be submitted in response to this request for proposal has been determined by DPMC and the Purchase Bureau to be essential for use by the in the bid evaluation and contract award process. The Director will use this information as a basis for their determination on contract award(s). 4.2 Proposal Delivery and Identification It is the responsibility of the bidder to clearly and properly identify and label their bid response proposal to aid the Purchase Bureau in properly handling the bid. The exterior of the bid submission package should be clearly labeled with the solicitation number, correct final bid opening date and buyer name and solicitation name/description. Anticipate potential delivery delays by allowing adequate time for hand, postal, courier or delivery other service. 4.3 Number of Bid Response Proposal Submissions Required Bidder's must submit one (1) clearly marked original bid response proposal and should submit three (3) complete/exact copies of the original. It is suggested that the bidder make and retain a full copy of their bid response proposal for their records. 4.4 Proposal Content 4.4.1 Section 1 - Forms 184.108.40.206 Ownership Disclosure Form In the event the bidder is a corporation or partnership, the bidder must complete the attached Ownership Disclosure Form. A completed Ownership Disclosure Form must be received prior to or accompanying the bid. Failure to do so will preclude the award of the contract. 220.127.116.11 MacBride Principles Certification The bidder must complete the attached MacBride Principles Certification evidencing compliance with the MacBride Principles. Failure to do so may result in the award of the contract to another bidder. 18.104.22.168 Affirmative Action The bidder must complete the attached Affirmative Action Employee Information Report, or, in the alternative, supply either a New Jersey Affirmative Action Certificate or evidence that the bidder is operating under a Federally approved or sanctioned affirmative action program. The requirement is a precondition to entering into a State contract. 4.5 Proposal Format and Content The proposal should be submitted in one volume (where practical) and that volume divided into three (3), easily identified sections as follows: Section - 1 - Technical Proposal This section shall describe the bidder's approach and plans for accomplishing the work outlined in the scope of work section. Those plans and approaches should be described in sufficient detail to permit the State to evaluate them fairly and with a minimum of possible misinterpretation. Furthermore, the bidder should demonstrate and describe the effort, skills and understanding of the project necessary to satisfactorily complete the project. 4.5.1 Technical Proposal This section of the proposal shall contain at least the following information: 4.5.2 A brief introduction outlining the bidder's overall technical approach to accomplish the task as covered in RFP Section 3.0. 4.5.3 Bidder's must submit with their proposal a full and comprehensive list of all roofing companies in which they have any direct, ongoing relationship, ownership or any other interest which would appear to be, or are in fact, a conflict of interest. Section - 2 - Organizational support and experience This section shall contain all pertinent information relating to the bidder's organization, personnel, and experience, including but not limited to references, together with the contact name and telephone number that will serve to substantiate the bidder's qualifications, and capabilities to perform the services required by the RFP. 4.6 Organizational Support, Experience, and Qualifications This section shall contain the following information: 4.6.1 The location of the bidder's office that will be responsible for managing this contract. Include the telephone number and the individual to contact. 4.6.2 A project organization chart, with names, showing the individuals, (including subcontractor's personnel) to be assigned to the project. The chart should include the labor category and title of each individual assigned. 4.6.3 The bidder should provide a detailed resume for all in-house personnel and field inspectors who will be responsible for performing the services required by the scope of work of this RFP. The resumes should indicate their length of employment with the firm, and their experience and background in handling the type of tasks required under this RFP. 4.6.4 The bidder shall provide a comprehensive list of all personnel to be assigned to the project. This list will identify the labor category of each individual assigned and provide a summary of each individual's function and role on the project. The bidder may also list back up staff that may be called upon to assist or replace primary individuals assigned. The back up staff must be clearly identified as back up. 4.6.5 A comprehensive listing of projects performed by your firm which will clearly demonstrate to the State your firm's experience in performing projects similar to those required by this RFP. References that demonstrate your firm's experience in Preventive Maintenance and Quality Assurance roofing projects are strongly suggested. The firm must have designed a minimum of five major reroofing projects with in the past five years. Proof should be submitted with bidder's proposal. 4.6.6 The bidder should provide proof of the firm financial capacity and capabilities to undertake and successfully complete the project. A financial statement for the most recent fiscal year or bank references are acceptable. 4.6.7 The bidder is to have the in-house capabilities to review roof areas from 500 sq. ft. up to projects covering 2,000,000 sq. ft. of roof area and should supply with their bid proposal a minimum of five (5) reports over the past five (5) years that demonstrates these capabilities. 4.6.8 The qualifications of firm as indicated in RFP Sections 7.0. Section - 3 - Cost Proposal 4.7 The bidders shall submit their prices on the attached pricing sheets. Failure to submit all information requested will result in your bid being considered non-responsive. The bidders are requested to hold prices firm for a minimum of sixty (60) days in order that an award can be made. The bidders must submit prices as indicated on the price sheets contained in this RFP. 5.0 Contractual Terms And Conditions 5.1 Precedence of Contractual Terms and Conditions The contract shall consist of this RFP, addendum to this RFP, the contractor's bid proposal and the Division's Notice of Acceptance. Unless specifically noted within this RFP, the Standard Terms and Conditions take precedence over the Special Terms and Conditions. In the event of a conflict between the provisions of this RFP, including the Standard Terms and Conditions and the Special Terms and Conditions, and any addendum to the RFP, the addendum shall govern. In the event of a conflict between the provisions of this RFP, including any addendum to this RFP, and the bidder's proposal, the RFP and/or the addendum shall govern. 5.2 Performance Bond Not required for this RFP 5.3 Business Registration - See standard Terms & Conditions, Section 1.1. 5.4 Contract Term and Extension Option The term of the contract shall be for a period of three years. The anticipated "Contract Effective Date" is provided on the cover sheet of this RFP. If delays in the bid process result in an adjustment of the anticipated Contract Effective Date, the bidder agrees to accept a contract for the full term of the contract. The contract may be extended for an additional two years, by mutual written consent of the contractor and the Director. 5.5 Contract Transition In the event services end by either contract expiration or termination, it shall be incumbent upon the contractor to continue services, if requested by the Director, until new services can be completely operational. The contractor acknowledges its responsibility to cooperate fully with the replacement contractor and the State to ensure a smooth and timely transition to the replacement contractor. Such transitional period shall not extend more than ninety (90) days beyond the expiration date of the contract, or any extension thereof. The contractor will be reimbursed for services during the transitional period at the rate in effect when the transitional period clause is invoked by the State. 5.6 Availability of Funds The State's obligation to pay the contractor is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the State for payment of any money shall arise unless funds are made available each fiscal year to DPMC by the Legislature. 5.7 Contract Amendment Any changes or modifications to the terms of the contract shall only be valid when they have been reduced to writing and executed by the contractor and the Director. 5.8 Contractor Responsibilities The contractor shall have sole responsibility for the complete effort specified in the contract. Payment will be made only to the contractor. The contractor shall have sole responsibility for all payments due any subcontractor. The contractor is responsible for the professional quality, technical accuracy and timely completion and submission of all deliverables, services or commodities required to be provided under the contract. The contractor shall, without additional compensation, correct or revise any errors, omissions, or other deficiencies in its deliverables and other services. The approval of deliverables furnished under this contract shall not in any way relieve the contractor of responsibility for the technical adequacy of its work. The review, approval, acceptance or payment for any of the services shall not be construed as a waiver of any rights that the State may have arising out of the contractor's performance of this contract. 5.8 Prime Contractor Responsibilities 5.8.1 The State will consider the Prime Contractor to be the sole point of contact with regard to contractual matters and the Prime Contractor will be required to assume sole responsibility for the complete effort stipulated in the RFP. Payment will be made only to the Prime Contractor. 5.8.2 The Prime Contractor is responsible for assuring subcontractor compliance with all terms and conditions of this RFP. The Prime Contractor will assume sole responsibility for any payments due the subcontractor(s) under this contract. 5.9 Substitution of Staff If it becomes necessary for the contractor to substitute any management, supervisory or key personnel, the contractor will identify the substitute personnel and the work to be performed. The contractor must provide detailed justification documenting the necessity for the substitution. Resumes must be submitted evidencing that the individual(s) proposed as substitution(s) have qualifications and experience equal to or better than the individual(s) originally proposed or currently assigned. The contractor shall forward a request to substitute staff to the State's Contract Manager for consideration and approval. No substitute personnel are authorized to begin work until the contractor has received written approval to proceed from the State Contract Manager. 5.10 Substitution or Addition of Subcontractor(s) If, during the term of the contract, the Contractor or subcontractor cannot provide the management and supervisory personnel as proposed and requests a substitution, that substitution must be an approved equal or better. The Contractor or subcontractor will provide detailed resume qualifications and justification which will be forwarded to the State Contract manager for written approval prior to any personnel substitution. It is acknowledged by the contractor that every reasonable attempt shall be made to assign the personnel listed in the bidder's bid response proposal. 5.10.1 No contractor, project or management personnel shall be permanently assigned until they have been interviewed and approved by the State's Contract manager. Personnel assigned temporarily during the start-up period must be identified and their functions defined. 5.10.2 In the event that any management personnel are found to be unacceptable by the State's Contract Manager, or are replaced or transferred by the contractor for any reason, the individual(s) assigned as replacement(s) shall equal or exceed in qualifications and experience the individual(s) proposed by the bidder in the bidder's bid response proposal. 5.10.3 In the event that the Prime Contractor desires to substitute a subcontractor, the Prime Contractor will identify the organization, officers and the contractual agreement to be made which will be forwarded to the State's Contract Manager and the Director, Division of Purchase and Property for approval prior to the commencement of any work by the recommended substitute subcontractor. 5.11 Ownership of Material All data, technical information, materials gathered, originated, developed, prepared, used or obtained in the performance of the contract, including, but not limited to, all reports, surveys, plans, charts, literature, brochures, mailings, recordings (video and/or audio), pictures, drawings, analyses, graphic representations, software computer programs and accompanying documentation and print- outs, notes and memoranda, written procedures and documents, regardless of the state of completion, which are prepared for or are a result of the services required under this contract shall be and remain the property of the State of New Jersey and shall be delivered to the State of New Jersey upon 30 days notice by the State. With respect to software computer programs and/or source codes developed for the State, the work shall be considered "work for hire", i.e., the State, not the contractor or subcontractor, shall have full and complete ownership of all software computer programs and/or source codes developed. 5.12 Data Confidentiality All financial, statistical, personnel and/or technical data supplied by the State to the contractor are confidential. The contractor is required to use reasonable care to protect the confidentiality of such data. Any use, sale or offering of this data in any form by the contractor, or any individual or entity in the contractor's charge or employ, will be considered a violation of this contract and may result in contract termination and the contractor's suspension or debarment from State contracting. In addition, such conduct may be reported to the State Attorney General for possible criminal prosecution. 5.13 News Releases The contractor is not permitted to issue news releases pertaining to any aspect of the services being provided under this contract without the prior written consent of the Director. 5.14 Advertising The contractor shall not use the State's name, logos, images, or any data or results arising from this contract as a part of any commercial advertising without first obtaining the prior written consent of the Director. 5.15 Licenses and Permits The contractor shall obtain and maintain in full force and effect all required licenses, permits, and authorizations necessary to perform this contract. The contractor shall supply the State's Contract Manager with evidence of all such licenses, permits and authorizations. This evidence shall be submitted subsequent to the contract award. All costs associated with any such licenses, permits and authorizations must be considered by the bidder in its bid proposal. 5.16 Claims and Remedies 5.16.1 Claims The following shall govern claims made by the contractor regarding contract award recision, contract interpretation, contractor performance and/or suspension or termination. Final decisions concerning all disputes relating to contract award recision, contract interpretation, contractor performance and/or contract reduction, suspension or termination are to be made in a manner consistent with N.J.A.C. 17:12-1.1, et seq. The Director's final decision shall be deemed a final agency action reviewable by the Superior Court of New Jersey, Appellate Division. All claims asserted against the State by the contractor shall be subject to the New Jersey Tort Claims Act, N.J.S.A. 59:1-1, et seq., and/or the New Jersey Contractual Liability Act, N.J.S.A. 59:13-1, et seq. However, any claim against the State relating to a final decision by the Director regarding contract award recision, contract interpretation, contractor performance and/or contract reduction, suspension or termination shall not accrue, and the time period for performing any act required by N.J.S.A. 59:8-8 or 59:13-5 shall not commence, until a decision is rendered by the Superior Court of New Jersey, Appellate Division (or by the Supreme Court of New Jersey, if appealed) that such final decision by the Director was improper. 5.16.2 Remedies Nothing in the contract shall be construed to be a waiver by the State of any warranty, expressed or implied, or any remedy at law or equity, except as specifically and expressly stated in a writing executed by the Director. 5.17 Late Delivery and Liquidated Damages The contractor must immediately advise the State Contract Manager of any circumstance or event that could result in late completion of any task or subtask called for to be completed on a date certain. Notification must also be provided to the Director at the address below: The State of New Jersey Director, Division of Purchase and Property Purchase Bureau PO Box 230 33 West State St. Trenton, New Jersey 08625-0230 If the contractor cannot meet the contract completion date for any task or subtask required to be completed by a date certain, the contractor shall be liable to the State to the sum of $100.00 per workday that such task, subtask or work remains incomplete following it's contractually agreed upon completion date. Such sum shall be treated as liquidated damages and not as penalty. 5.18 Retainage The amount of retainage is noted on the RFP cover sheet. The DPMC shall retain the stated percentage of each invoice submitted. At the end of each three (3) month period, DPMC shall review the contractor's performance. If performance has been satisfactory, DPMC shall release 90% of the retainage for the preceding three (3) month period. Following certification by the State Contract Manager that all services have been satisfactorily performed, the balance of the retainage shall be released to the contractor. 5.19 State's Option to Reduce Scope of Work 5.19.1 The State shall have the option at its sole discretion, to consider the project, or any task or sub-task thereof, completed before all of said task or tasks have been performed, whenever in the judgment of the State based upon results of work already performed, the goals of the project have been successfully achieved, or can be successfully achieved through a reduced scope of work. In such event the may reduce the scope of work for any task, tasks or portions thereof by written notice to the contractor. 5.19.2 Upon receipt of such notification, the contractor will submit to the within five (5) working days an itemization of the work effort already completed by task, or subtask and work effort which will be required by task or subtask to complete the affected tasks or subtask in accordance with said notification. Upon approval of the proposed work effort by the State, the contractor shall complete the project in accordance with said approval. The contractor shall be compensated in accordance with the applicable portions of the cost proposal. 5.20 Suspension of Work The State Contract Manager may at any time for valid reason direct the contractor to suspend work under this approved contract for a specific period of time. Such order shall be given by at least ten (10) days notice in writing which shall specify the period during which work shall be stopped. The contractor shall be paid up until the stop order but subsequent payments shall be held in abeyance until final project decision. Any permanent contract termination shall be in accordance with Purchase Bureau Standard Terms and Conditions Section 5.5. The contractor, unless terminated, shall resume work upon the date specified in the stop work order, or upon such other date specified in the stop work order, or upon such other date as the State Contract Manager may thereafter specify in writing. The period during which work shall have been stopped shall be deemed added to the contractor's approved schedule of performance. Stoppage of work under this section shall not, however, be construed as extending the term of the contract, and shall not give rise to any claim against the . It must be understood that all pricing proposed by the bidder in response to this RFP must remain firm and constant during the entire contract, and any extensions, notwithstanding the level of effort dictated by DMPC or the level of available funding. 5.21 Change in Law Whenever an unforeseen change in applicable law or regulation affects the services that are the subject of this contract, the contractor shall advise the State Contract Manager and the Director in writing and include in such written transmittal any estimated increase or decrease in the cost of its performance of the services as a result of such change in law or regulation. The Director and the contractor shall negotiate an equitable adjustment, if any, to the contract price. 5.22 Additional Work and/or Special Projects The contractor shall not begin performing any additional work or special projects without first obtaining written approval from both the State Contract Manager and the Director. In the event of additional work and/or special projects, the contractor must present a written proposal to perform the additional work to the State Contract Manager. The proposal should provide justification for the necessity of the additional work. The relationship between the additional work and the base contract work must be clearly established by the contractor in its proposal. The contractor's written proposal must provide a detailed description of the work to be performed broken down by task and subtask. The proposal should also contain details on the level of effort, including hours, labor categories, etc., necessary to complete the additional work. The written proposal must detail the cost necessary to complete the additional work in a manner consistent with the contract. The written cost proposal must be based upon the hourly rates, unit costs or other cost elements submitted by the contractor in the contractor's original bid proposal submitted in response to this RFP. Whenever possible, the cost proposal should be a firm, fixed cost to perform the required work. The firm fixed price should specifically reference and be tied directly to costs submitted by the contractor in its original bid proposal. A payment schedule, tied to successful completion of tasks and subtasks, must be included. Upon receipt and approval of the contractor's written proposal, the State Contract Manager shall forward same to the Director for the Director's written approval. Complete documentation from DPMC, confirming the need for the additional work, must be submitted. Documentation forwarded by the State Contract Manager to the Director must all include all other required State approvals, such as those that may be required from the State of New Jersey's Office of Management and Budget (OMB) and Office of Information and Technology (OIT). No additional work and/or special project may commence without the Director's written approval. In the event the contractor proceeds with additional work and/or special projects without the Director's written approval, it shall be at the contractor's sole risk. The State shall be under no obligation to pay for work done without the Director's written approval. 5.23 Form of Compensation and Payment This Section supplements Section 4.5 of the RFP'S Standard Terms and Conditions. The contractor must submit official State invoice forms to DPMC with supporting documentation evidencing that work for which payment is sought has been satisfactorily completed. Invoices must reference the tasks or subtasks detailed in the Scope of Work section of the RFP and must be in strict accordance with the firm, fixed prices submitted for each task or subtask on the RFP pricing sheets. When applicable, invoices should reference the appropriate RFP price sheet line number from the contractor's bid proposal. All invoices must be approved by the State Contract Manager before payment will be authorized. Invoices must also be submitted for any special projects, additional work or other items properly authorized and satisfactorily completed under the contract. Invoices shall be submitted according to the payment schedule agreed upon when the work was authorized and approved. Payment can only be made for work when it has received all required written approvals and has been satisfactorily completed. Payment to Contractor - Optional Method The State of New Jersey now offers State contractors the opportunity to be paid through the VISA procurement card (p-card). A contractor's acceptance and a State agency's use of the p-card, however, is optional. P-card transactions do not require the submission of either a contractor invoice or a State payment voucher. Purchasing transactions using the p-card will usually result in payment to a contractor in three days. A contractor should take note that there will be a transaction- processing fee for each p-card transaction. To participate, a contractor must be capable of accepting the VISA card. Additional information can be obtained from banks or merchant service companies. 5.25 Contract Activity Report In conjunction with the standard record keeping requirements of this contract, as listed in paragraph 3.19 of this RFP'S standard terms and conditions, contractor(s) must provide, on a calendar quarter basis, to the Purchase Bureau buyer assigned, a record of all purchases made under their contract award resulting for this Request for Proposal. This includes purchases made by all using agencies including the State and political sub-divisions thereof. This reporting requirement includes sales to State usong agencies and, if permitted under the terms of the contract, sales to counties, municipalities, school districts, volunteer fire departments, first aid squads and rescue squads, and independent institutions of higher education. The requirement also includes sales to State and County Colleges and Quasi-State Agencies. Quasi-State Agencies include any agency, commission, board, authority or other such governmental entity which is established and is allocated to a State department or any bi-state governmental entity of which the State of New Jersey is an member. This information must be provided in a tabular format such that an analysis can be made to determine the following: -Contractor's total sales volume under contract, subtotaled by product. -Contractor's total sales volume to each purchaser under the contract, subtotaled by product, including, if applicable, catalog number and description, price list with appropriate page reference and/or contract discount applied Submission of purchase orders, confirmations, and/or invoices do not fulfill this contract requirement for information. Contractors are strongly encouraged to submit the required information in electronic spreadsheet format. The Purchase Bureau uses Microsoft Excel. Failure to report this mandated information will be a factor in future award decisions. 6.0 Proposal Evaluation/contract AWARD 6.1 Proposal Evaluation Committee Proposals may be evaluated by an Evaluation Committee composed of members of affected departments and agencies together with representative(s) from the Purchase Bureau. Representatives from other governmental agencies may also serve on the Evaluation Committee. On occasion, the Evaluation Committee may choose to make use of the expertise of outside consultant in an advisory role. 6.2 Oral Presentation and/or Clarification of Proposal A bidder may be required to give an oral presentation to the Evaluation Committee concerning its bid proposal. The Evaluation Committee may also require a bidder to submit written responses to questions regarding its proposal. The purpose of such communication with a bidder, either through an oral presentation or a letter of clarification, is to provide an opportunity for the bidder to clarify or elaborate on its bid proposal. Original bid proposals submitted, however, cannot be supplemented, changed, or corrected in any way. No comments regarding other bid proposals are permitted. Bidders may not attend presentations made by their competitors. It is within the Evaluation Committee's discretion whether to require a bidder to give an oral presentation or require a bidder to submit written responses to questions regarding its proposal. Action by the Evaluation Committee in this regard should not be construed to imply acceptance or rejection of a proposal. The Purchase Bureau buyer will be the sole point of contact regarding any request for an oral presentation or clarification. 6.3 Evaluation Criteria The following evaluation criteria categories, not necessarily listed in order of significance, will be used to evaluate bid proposals received in response to this RFP. The evaluation criteria categories may be used to develop more detailed evaluation criteria to be used in the evaluation process: 6.3.1 The bidder's general presentation covering the firms overall technical expertise as specifically related to he tasks required by this RFP. 6.3.2 The bidding firm's relevant experience in performing similar projects to those covered by this RFP. References may be contacted to verify information provided with the bid. 6.3.3 The qualifications and relevant similar experience of individuals available to be assigned by the bidding firm to projects covered under this RFP as detailed on resumes submitted. 6.3.4 The financial position and sufficiency of support staff of bidding firm. 6.3.5 Cost - for purposes of cost comparison the following weights will be in effect: Principal of the firm 50% Assistant to the Principal of the firm 25% Draftsman 15% Roofing Mechanic 10% 6.3.6 The qualifications of bidding firm as evidence by responses to RFP Sections 7. 7.0 Data Sheets - To be Completed by the Bidder 7.1 Bidders must provide below a brief introduction outlining their overall technical approach to accomplish the task described in RFP Section 3.0 (Refer to paragraph 4.5.1) 7.2 ORGANIZATIONAL SUPPORT AND EXPERIENCE 7.2.1 Location of bidder's headquarters and branch office that will be responsible for managing this contract. 7.2.2 List below the number of years your firm has been engaged in the roofing business. _________YEARS 22.214.171.124 List below the number of years your firm has been engaged in the roofing consulting business. _________YEARS 7.2.3 List below the principle(s) or staff member(s) who is/are classified as an expert roofing witness in court litigation. 7.2.4 LIST five major reroofing projects your firm has done within the past five years. 7.2.5 Provide below a brief description of your firm's working knowledge of conventional BUR systems, coal tar pitch, modified bitumens, slate, shingles, PVC's CPE, EDPM, etc. 7.2.6 Provide a list of New Jersey agencies, U.S. government agencies, private sector institutions, industries and commercial buildings now under contract with your firm. Include the length of time each contract has been in force and the name of a person with phone number the may contact for reference. CURRENT CLIENTS LENGTH OF CONTRACT NAME AND PHONE # TO CONTACT 7.2.7 Provide a listing of contracts your firm has lost during the last three (3) years with reasons for termination. CLIENT - REASON TERMINATED 7.2.8 The bidder should indicate the largest number of roofs that their staff has managed in a single project, the length of time the contract has been in effect, and the amount of staff dedicated towards that single project.