B COVER SHEET ADDRESS: 15. BIDDER FAX# 16. BIDDER ADDRESS:

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1 B COVER SHEET REQUEST FOR BID #B FOR: Water Testing and Analysis Services SEE ATTACHMENT A PRICE SHEET RETURN BID TO: STOCKTON UNIVERSITY 101 VERA KING FARRIS DRIVE, UPPER N-WING GALLOWAY, NJ FEDERAL ID# NJ TAX EXEMPT AS PER NJSA 54:32b-1 ET SEQ. INITIAL IF APPLICABLE, BIDDER S ACKNOWLEDGEMENT OF RECEIPT OF ANY NOTICE(S), REVISION(S) OR ADDENDA TO THE SPECIFICATIONS/BID DOCUMENT(S) 1. BID PROPOSALS MUST BE RECEIVED AT OR BEFORE THE PUBLIC OPENING TIME OF 2:00 PM Thursday, June 8, 2017 AT THE FOLLOWING ADDRESS (NOTE: TELEPHONE, TELEFACSIMILE OR TELEGRAPH PROPOSALS WILL NOT BE ACCEPTED): PURCHASING DEPARTMENT STOCKTON UNIVERSITY 101 VERA KING FARRIS DRIVE, UPPER N-WING GALLOWAY, NJ THE BIDDER MUST SIGN THIS RFP COVER SHEET 3. THE BID PROPOSAL MUST INCLUDE ALL PRICE INFORMATION. PROPOSAL PRICES SHALL INCLUDE DELIVERY OF ALL ITEMS, F.O.B. DESTINATION OR AS OTHERWISE PROVIDED. PRICE QUOTES MUST BE FIRM THROUGH ISSUANCE OF CONTRACT. 4. ALL PROPOSAL PRICES MUST BE TYPED OR WRITTEN IN INK. 5. ALL CORRECTIONS, WHITE-OUTS, ERASURES, RESTRIKING OF TYPE, OR OTHER FORMS OF ALTERATION, OR THE APPEARANCE OF ALTERATION, TO UNIT AND/OR TOTAL PRICES MUST BE INITIALED IN INK BY THE BIDDER. 6. THE BIDDER MUST COMPLETE AND SUBMIT WITH BID ALL REQUIRED BID DOCUMENTS 7. FOR SET ASIDE CONTRACTS ONLY, A BIDDER MUST BE REGISTERED WITH THE N.J. DEPARTMENT OF COMMERCE AS A SMALL BUSINESS BY THE DATE OF BID OPENING. 8. BY SIGNING THIS RFP COVER SHEET, THE BIDDER CERTIFIES AND CONFIRMS THAT NEITHER THE BIDDER, ITS REPRESENTATIVES, AGENTS OR LOBBYISTS HAVE INITIATED ANY INAPPROPRIATE CONTACT WITH ANY UNIVERSITY EMPLOYEE DURING THE PROCUREMENT TO ATTEMPT TO AFFECT THE BIDDING PROCESS AND SHALL NOT DO SO AFTER SUBMISSION OF THE BID PROPOSAL. 9. PROPOSALS SHALL REMAIN OPEN FOR ACCEPTANCE AND MAY NOT BE CHANGED OR WITHDRAWN FOR A PERIOD OF SIXTY (60) DAYS AFTER THE BID OPENING DATE. 10. THE ADDRESS PROVIDED ON THIS FORM FOR NOTIFICATION PURPOSES SHALL BE DEEMED AN APPROPRIATE MEANS OF COMMUNCIATION IN REGARDS TO THIS RFP AND ANY RESULTIING AWARD(S). TO BE COMPLETED BY BIDDER 12. FIRM NAME: ADDRESS: 13. BIDDER TEL#: EXT: 14. FEDERAL EMPLOYER IDENTIFICATION #: 15. BIDDER FAX# 16. BIDDER ADDRESS: SIGNATURE OF THE BIDDER ATTESTS THAT THE BIDDER HAS READ, UNDERSTANDS, AND AGREES TO ALL TERMS, CONDITIONS, AND SPECIFICATIONS SET FORTH IN THE REQUEST FOR BID INCLUDING ALL ADDENDA, FURTHERMORE, SIGNATURE BY THE BIDDER SIGNIFIES THAT ADDENDA ISSUED, THE REQUEST FOR BID, THE UNIVERSITY S TERMS AND CONDITIONS (PAGE 2) AND THE RESPONSIVE BID CONSTITUTE A CONTRACT IMMEDIATELY UPON NOTICE OF ACCEPTANCE BY THE UNIVERSITY FOR ANY OR ALL OF THE ITEMS BID, AND FOR THE LENGTH OF TIME INDICATED IN THE REQUEST FOR BID. FAILURE TO ACCEPT THE CONTRACT WITHIN THE TIME PERIOD INDICATED IN THE REQUEST FOR BID, OR FAILURE TO HOLD PRICES OR TO MEET ANY OTHER TERMS AND CONDITIONS AS DEFINED IN EITHER ADDENDA OR THE REQUEST FOR BID DURING THE TERM OF THE CONTRACT SHALL CONSTITUTE A BREACH AND MAY RESULT IN CONTRACT TERMINATION. A DEFAULTING CONTRACTOR MAY ALSO BE LIABLE, AT THE OPTION OF THE UNIVERSITY, FOR THE DIFFERENCE BETWEEN THE CONTRACT PRICE AND THE PRICE BID BY AN ALTERNATE VENDOR OF THE GOODS OR SERVICES IN ADDITION TO OTHER REMEDIES AVAILABLE. ORIGINAL SIGNATURE OF BIDDER DATE PRINT/TYPE NAME TITLE

2 STOCKTON UNIVERSITY TERMS AND CONDITIONS The Stockton University Terms and Conditions shall apply to all contracts or purchase agreements made with Stockton University. These terms and conditions are in addition to the terms and conditions set forth in the RFP and should be read in conjunction with same unless the RFP specifically indicates otherwise. The Stockton University Terms and Conditions shall prevail and take precedence over any conflicting terms and conditions contained in the bidder s proposal. Additionally, a proposal that is submitted with revisions or additions to Stockton University s terms and conditions may be deemed non-responsive. 1. STATE LAW REQUIRING MANDATORY COMPLIANCE BY ALL VENDORS 1.1 CORPORATE AUTHORITY It is required that all corporations be authorized to do business in the State of New Jersey. Corporations incorporated out of the State must file a Certificate of Authority with the Secretary of State, Department of State, State House, Trenton, New Jersey Refer to N.J.S.A.Title 14A chapter ANTI-DISCRIMINATION All parties to any contract with the University agree not to discriminate in employment and agree to abide by all anti-discrimination laws including those contained within N.J.S.A. 10:2-1 through 10:2-4 N.J.S.A.10:5-31 through 10:5-38, and all rules and regulations issued thereunder. 1.3 PREVAILING WAGE ACT The New Jersey Prevailing Wage Act P.L Chapter 150, is hereby made a part of every contract entered into on behalf of the University, except those contracts which are not within the contemplation of the Act. The bidder s signature on this proposal is his guarantee that neither he nor any subcontractors he might employ to perform the work covered by this proposal are listed or are on record in the Office of the Commissioner of the Department of Labor and Workforce Development as one who has failed to pay prevailing wages in accordance with the provisions of the Act. 1.4 THE WORKER AND COMMUNITY RIGHT TO KNOW ACT (P.L. 1983, C. 315: N.J.S.A. 34:5A-1 et seq.) required employers to label all containers of hazardous substances by March 1, By August 29, 1986, employers were to label all containers on University premises. Under the terms of the Act, the University is considered an employer, therefore, all goods offered for purchase to the University must be labeled in compliance with the provisions of the Act. 1.5 OWNERSHIP DISCLOSURE Contracts for any work, goods or services cannot be issued to any firm unless prior to or at the time of bid submission the firm has disclosed the names and addresses of all its owner holding 10% or more of the firm s stock or interest. Refer to N.J.P.L.1977 Chapter COMPLIANCE STATE LAWS It is agreed and understood that any contracts and/or orders placed as a result of this proposal shall be governed and construed and the rights and obligations of the parties hereto shall be determined in accordance with the laws of the STATE OF NEW JERSEY in New Jersey courts without regard to principles of conflict of interest. This contract is subject to the New Jersey Tort Claims Act, N.J.S.A. 59:1-1 et seq. and the New Jersey Contractual Liability Act, N.J.S.A. 59:13-1 et seq. 1.7 COMPLIANCE LAWS - The vendor must comply with all local, state, and federal laws, rules and regulations applicable to this contract and to the work to be done hereunder. 1.8 BUSINESS REGISTRATION Compliance with the requirements of N.J.S.A. 52:32-44 (Business Registration) and throughout the contract term. The firm understands that failure to abide by the requirements of this statute and to continue to do so, constitutes a material breach of contract in the award or performance of this contract such that the firm may be disqualified or payments pursuant to the contract may be withheld until compliance is perfected. Further the firm agrees to advise in writing any subcontractors of the need to comply with this requirement. 1.9 POLITICAL CONTRIBUTIONS DISCLOSURE The firm will supply completed disclosure forms when requested so it is compliant with the Requirements of Public Law 2005, Chapter 51(N.J.S.A.19:44A ) Political Activity Disclosure, dated September 22, 2004 and any statutes or regulations which result thereof. The firm agrees during the course of this contract that it remains compliant with Public Law, Chapter 51and to notify the University if at any time it is no longer compliant. The firm understands that failure to abide by the requirements of this statute and to continue to do so, constitutes a material breach of contract in the award or performance of this contract such that the firm may be disqualified or payments made pursuant to this contract may be withheld until the State Treasurer or his designee gives approval that the requirements of the Public Law have been met AMERICAN WITH DISABILITIES ACT The contractor must comply with all provisions of the Americans With Disabilities Act (ADA), P.L , in accordance with 42 U.S.C et seq. 2. LIABILITIES 2.1 LIABILITY COPYRIGHT The Contractor shall hold and save the University, its officers, agents, servants and employees harmless from liability of any nature or kind for or on account of the use of any copyrighted or uncopyrighted composition, secret process, patented or unpatented invention, article or appliance furnished or used in the performance of this contract. 2.2 INDEMNIFICATION The Contractor will indemnify, defend and hold harmless the University, its employees, representatives, and agents from and against any and all losses, suites, claims demands, fines, penalties, awards, damages, costs and expenses as well as reasonable attorney fees and court costs arising out of or in connection with: (A) any negligence, default, breach, errors or omissions by the Contractor of obligations under this Contract; or, (B) violations or non-compliance with federal, State, local or municipal laws & regulations ordinances, building codes (including Americans with Disabilities Act, OSHA Environmental Protection Act) arising from the performance of this Contract or arising out of conditions created or caused to be created by the Contractor, its agents, employees and subcontractors. The University is a State entity under and subject to the provisions of N.J.S.A. 18A:64-1 et seq. prohibiting it from providing indemnification to entities not specifically cited in N.J.S.A. 18A: Any Contract signed on behalf of the State of New Jersey by a State official shall be subject to all of the provisions of the New Jersey Tort Claims Act (N.J.S.A. 59:1-1 et seq.), the New Jersey Contractual Liability Act (N.J.S.A. 59:13-1 et seq.), and the availability of appropriations. 2.3 INSURANCE The successful bidder shall secure and maintain in force for the term of the contract liability insurance is provided herein. The successful bidder shall provide the University with current certificates of insurance for all coverages and renewals thereof which must contain the provision that the insurance provided in the certificate shall not be cancelled for any reason except after thirty days written notice to the University Purchasing Office. All such policies shall name Stockton University and The State of New Jersey as Additional Insured. The insurance to be provided by the successful bidder shall be as follows: 1. Comprehensive General Liability policy as broad as the standard coverage form currently in use in the State of New Jersey, which shall not be circumscribed by any endorsements limiting the breadth of coverage. The policy shall include an endorsement (broad form) for contractual liability and products liability (completed operations). Limits of liability shall not be less than $1,000, per occurrence for bodily injury liability and $1,000, per occurrence for property damage liability, but must be aggregated at $3,000, or better. Policy shall be written to state that claims shall be covered as of the date of occurrence rather than the date of claim. An acceptable alternative is a claims made policy having a retroactive date the same as the last date of the last occurrence policy, and having an unlimited extended reporting period. 2. Comprehensive General Automobile Liability policy covering owned, non-owned, and hired vehicles with minimum limits of $500,000 per accident as a combined single limit for bodily injury and property damage. 3. Worker s Compensation insurance applicable to laws of the State of New Jersey and Employer s Liability insurance with a limit of not less than $100,000 per accident/$300,000 per disease for each employee/$300,000 aggregate per disease. Worker s Comp and Employer s Liability insurance shall be provided in accordance with the requirements of the laws of New Jersey. 3. TERMS GOVERNING ALL PROPOSALS 3.1 PERFORMANCE GUARANTEE The vendor hereby certifies; that The equipment offered is standard new equipment and is the manufacturer s latest model in production, with parts regularly used for the type of equipment offered, that such parts are all in production and not likely to be discontinued; also, that no attachment or part has been substituted or applied contrary to manufacturer s recommendations and standard practice. All equipment supplied to the University and operated by electrical current is UL approved. All new machines are to be guaranteed for a period of one year from time of delivery and/or installation and prompt service rendered without charge regardless of geographic location. Sufficient quantities of parts necessary for proper service to equipment will be maintained at distribution points and service headquarters. Trained mechanics are regularly employed to make necessary repairs to equipment in the territory from which the service request might emanate within a 48- hour period or within the time accepted as industry practice. The vendor shall immediately replace any material which is rejected for failure to meet the requirements of the University. All services rendered to the University shall be performed in strict and full accordance with the specifications as agreed to in the contract. A service contract shall not be considered complete until final approval by the University is rendered. Payment to vendors for services rendered may not be made until final University approval is given. 3.2 DELIVERY GUARANTEES Deliveries shall be made at such time and in such quantities as ordered in strict accordance with conditions contained in proposal. The vendor shall be responsible for the delivery of material in first class condition to the University or the purchaser under this contract, and in accordance with good commercial practice. 3.3 MAINTENANCE OF RECORDS The vendor shall maintain records for products and/or services delivered against the contract for a period of five (5) years from the date of final payment unless otherwise specified in the contract. Such records shall be made available to the University and to the New Jersey Office of State Comptroller, upon request, for audit and review. 3.4 TERMINATION The University reserves the right to terminate this Agreement on seven (7) days notice to the Contractor for any reason (the "Termination Date"). In such instance, the Contractor shall be paid for services performed and accepted by the University up to the Termination Date. he Vendor shall immediately take the necessary action to issue stop order to all sub-contractors and/or suppliers in connection with any outstanding sub-contracts or orders for equipment, materials, supplies, services and/or other charges for which the Vendor is committed and which relate directly to the completion of this order. The Vendor shall furnish the Purchaser with a list of all such outstanding sub-contracts and/or orders together with a report on their status. The Vendor shall be reimbursed for all reasonable expenses incurred by reason of any termination of this Purchase Order (except for termination as a result of default by the Vendor) including the Vendor's termination charges for which the Purchaser shall be liable. The final acceptance of the Vendor's claim for expenses and termination charges shall be through negotiation and by agreement between the Purchaser and the Vendor. In the event of such termination pursuant to a Notice of Termination received by the Purchaser from the United States Government in connection with any Contract, Sub-Contract, Grant or other form of agreement between the Purchaser and the Government, the Purchaser shall be obligated hereunder to pay the Vendor only the amount which shall be determined to be, or approved as reimbursable to the Purchase Order, the Government Contract, Sub-Contract, Grant or other form of agreement with respect to this Purchase Order. 4. TERMS RELATING TO PRICE QUOTATION 4.1 PRICE FLUCTUATIONS DURING CONTRACT All prices quoted shall be firm and not subject to increase during the period of the contract. In the event of a manufacturer s price decrease during the contract period, the University shall receive the full benefit of such price reduction of any undelivered purchase order and on any subsequent order placed during the contract period. The University must be notified in writing of any price reduction within five (5) days of the effective date. 4.2 DELIVERY COSTS Unless noted otherwise in the specifications, all prices for items in bid proposals are to be submitted F.O.B. Destination. Proposals submitted other than F.O.B. Destination may not be considered. Regardless of the method of quoting shipments, the vendors shall assume all liability and responsibility for the delivery of merchandise in good condition to the University or designated purchaser. F.O.B. Destination does not cover spotting but does include delivery on the receiving platforms of the University unless otherwise specified. No additional charges will be allowed for any transportation costs resulting from partial shipments made at vendor s convenience when a single shipment is ordered. The weights and measures of the University receiving the shipment shall govern. 4.3 TAX CHARGES The University is exempt from NJ Sales, Use Tax and Local Taxes under N.J.S.A. 54:32B- 9(A). As a public, non-profit institution the University is exempt from Federal Excise Tax. These taxes must not be included in vendor quotations or invoices. 4.4 PAYMENT TO VENDORS Payment will be processed after the following information has been supplied and receipt of goods or services verified: After delivery of goods or services, vendor must submit a properly executed and/or signed invoice/billing to the University Accounts Payable Department. All billings must show the University Purchase Order Number being referenced. The B/L express receipt and/or packing slip and related papers must be sent to the consignee with the merchandise. The University agrees to pay invoices within 30 days of the invoice date unless a discount is given. All interest on late payments is subject to the New Jersey Prompt Payment Act N.J.S.A. 2A:30A-1 et seq. 5. CASH DISCOUNT A discount period will commence on the date the properly executed and/or signed Vendor s billing/invoice is received by the University for goods or services that have been duly accepted by the University in accordance with the terms, conditions, and specifications of the Contract/Purchase Order.

3 Request for Proposal For Water Testing and Analysis Services B Event Date Time RFP Question Cut Off Date (Refer to RFP Section for more information.) Pre-bid Conference Site Visit Bid Proposal Submission Due Date (Refer to RFP Section for more information.) 5/22/17 9:00AM N/A N/A 6/8/17 2:00PM Dates are subject to change. All changes will be reflected in Addenda to the RFP posted on the Purchasing website. Small Business Set-Aside Status Not Applicable Category RFP Issued By: Stockton University 101 Vera King Farris Drive Galloway, NJ

4 TABLE OF CONTENTS 1.0 INFORMATION FOR BIDDERS PURPOSE AND INTENT BACKGROUND PROPOSAL INFORMATION KEY EVENTS QUESTION AND ANSWER PERIOD SUBMISSION OF BID PROPOSAL ADDITIONAL INFORMATION ADDENDA: REVISIONS TO THIS RFP BIDDER RESPONSIBILITY COST LIABILITY CONTENTS OF BID PROPOSAL PRICE ALTERATION BID ERRORS DEFINITIONS GENERAL DEFINITIONS CONTRACT SPECIFIC DEFINITIONS SCOPE OF WORK BID PROPOSAL PREPARATION AND SUBMISSION GENERAL BID PROPOSAL DELIVERY AND IDENTIFICATION NUMBER OF BID PROPOSAL COPIES BID PROPOSAL CONTENT FORMS THAT MUST BE SUBMITTED WITH BID PROPOSAL RFP COVER SHEET OWNERSHIP DISCLOSURE CERTIFICATION IRAN CERTIFICATION MACBRIDE PRINCIPLES CERTIFICATION NON-COLLUSION FORMS REQUIRED BEFORE CONTRACT AWARD AND THAT SHOULD BE SUBMITTED WITH PROPOSAL BUSINESS REGISTRATION CERTIFICATE SOURCE DISCLOSURE CERTIFICATION DISCLOSURE OF INVESTIGATIONS AND OTHER ACTIONS INVOLVING BIDDER EMPLOYEE OR RELATIVE DISCLOSURE REQUIREMENT PRICE SHEET (ATTACHMENT A) SUBMITTALS SPECIAL CONTRACTUAL TERMS AND CONDITIONS PRECEDENCE OF SPECIAL CONTRACTUAL TERMS AND CONDITIONS CONTRACT TERM 15 2

5 5.3 CONTRACT AMENDMENT INSURANCE CERTIFICATES INDEMNIFICATION CONTRACTOR S WARRANTY REMEDIES FOR FAILURE TO COMPLY WITH MATERIAL CONTRACT REQUIREMENT TERMINATION DISPUTES SUBCONTRACTING ADDITIONAL WORK AND/OR SPECIAL PROJECTS COMPLIANCE WITH LAWS AND STANDARDS ASSIGNMENT STATE OF NEW JERSEY ANTI-DISCRIMINATION REQUIREMENTS SET-OFF FOR STATE TAX AVAILABLITY OF FUNDS OWNERSHIP OF MATERIALS MAINTENANCE OF RECORDS PROPOSAL EVALUATION EVALUATION CRITERIA TECHNICAL EVALUATION CRITERIA PRICE EVALUATION ORAL PRESENTATION AND/OR CLARIFICATION OF BID PROPOSAL PROPOSAL DISCREPANCIES CONTRACT AWARD DOCUMENTS/APPROVALS REQUIRED BEFORE CONTRACT AWARD FINALIZATION AFFIRMATIVE ACTION POLITICAL CONTRIBUTION DISCLOSURE REQUIREMENTS. 20 PRICE SHEET - ATTACHMENT A SUMMARY INFORMATION SHEET ATTACHMENT B. EXHIBIT A EO151 EXHIBIT B - LANDFILL MONITORING WELL SITE PLAN AND WELL LOCATION MAP BID DOCUMENT CHECKLIST 3

6 1.0 INFORMATION FOR BIDDERS 1.1 PURPOSE AND INTENT This Request for Proposal ( RFP ) is issued by Stockton University (the University ), a New Jersey State University located in Galloway, New Jersey, to solicit bid proposals for water testing and analysis services. The intent of this RFP is to award contract to the responsible bidder whose proposal, conforming to this RFP is most advantageous to the University, price and other factors considered. The University, however, reserves the right to separately procure individual requirements that are the subject of the contract during the contract term, when deemed to be in the University s best interest. The Stockton University Terms and Conditions will apply to all contracts or purchase agreements made with the University. These terms are in addition to the terms and conditions set forth in this RFP and should be read in conjunction with them unless the RFP specifically indicates otherwise. 1.2 BACKGROUND The University is required, by the State of New Jersey and the Federal Government, to submit water testing and analysis to insure quality drinking water for our community and the University as a whole. The testing and analysis is required pursuant to the Clean Water Act, 33 U.S.C et seq., the Safe Drinking Water Act, 42 U.S.C. 300F et. seq. and the New Jersey Safe Drinking Water Act, N.J.S.A. 58:12A-1 et seq. 1.3 PROPOSAL INFORMATION Bidders shall follow the instructions contained in the document in preparing and submitting a proposal in response to this RFP. Failure to abide by the instructions may cause the Bidder s proposal to be deemed non-responsive to the RFP and may be cause for rejection, The primary medium for communication regarding this RFP shall be via the internet. The Required Forms, Addenda, Questions and Answers can all be accessed once you login into the Purchasing website at It is the responsibility of the Bidder to monitor the website for any changes, additions, clarifications, cancellations etc. as related to this RFP. Use of the internet has proven to be the most efficient medium for communication with potential Bidders. It is by no means intended by the University to be exclusionary. If internet access is not available to an interested Bidder, the Bidder must immediately provide the University in writing with an alternate method of communication such as the firm s fax number or mailing address ( Alternative Method of Communication ). The University reserves the right to reject any or all proposals or to award in whole, or in part, if deemed to be most advantageous to the University, price, and other factors considered. Furthermore, the University reserves the right to waive any other bid requirement in their sole discretion when such waiver is in the best interest of the University and where such waiver is permitted by law. 1.4 KEY EVENTS QUESTION AND ANSWER PERIOD The Purchasing Department will accept questions and inquiries from all potential Bidders via or fax, at rfp-purchasing@stockton.edu or

7 Questions should be directly tied to the RFP and asked in consecutive order, from beginning to end, following the organization of the RFP. Each question should begin by referencing the RFP page number and section number to which it relates. Bidders are not to contact the University department directly, in person, by telephone or by , concerning this RFP. The cut-off date for faxed questions and inquiries is by 9:00AM on Monday, May 22, SUBMISSION OF BID PROPOSAL In order to be considered, proposals must arrive at the Purchasing Office of the University before the date and time specified on the RFP form 2:00 P.M prevailing local time. The Purchasing Office is located on the main campus; the Bidder must allow sufficient time for parking and delivery of your submission. The time for receipt is firm. Bidders mailing proposals should allow for normal mail delivery time and internal circulation within the University to ensure the timely receipt of their proposals by the Purchasing Office. Stockton University assumes no responsibility for unmarked, Fed Ex, UPS or any other carrier/mail service. Proposals shall be sealed and indicate the Bid No. B on the envelope. Sealed proposals are to be submitted to: Stockton University Office of Purchasing Upper N Wing 101 Vera King Farris Drive Galloway, NJ ANY BID PROPOSAL NOT RECEIVED ON TIME AT THE LOCATION NOTED WILL BE REJECTED 1.5 ADDITIONAL INFORMATION ADDENDA: REVISIONS TO THIS RFP In the event that it becomes necessary to revise this RFP, such revision will be by addendum. Any addendum to this RFP will become part of this RFP and part of any contract awarded as a result of this RFP. ADDENDA ISSUED WILL BE POSTED ON PURCHASING WEBSITE. There are no designated dates for release of addenda. Interested Contractors should check the Purchasing website on a daily basis from time of RFP issuance through bid proposal submission. It is the sole responsibility of the Bidder to be knowledgeable of addenda issued relating to this RFP BIDDER RESPONSIBILITY The Bidder assumes sole responsibility for the complete effort required in submitting a bid proposal in response to this RFP. No special consideration will be given after bid proposals are opened because of a Bidder's failure to be knowledgeable as to all of the requirements of this RFP COST LIABILITY The University assumes no responsibility and bears no liability for costs incurred by a Bidder in the preparation and submittal of a bid proposal in response to this RFP. 5

8 1.5.4 CONTENTS OF BID PROPOSAL Subsequent to bid opening, all information submitted by a Bidder in the bid proposal is considered public information, except as may be exempted from public disclosure by the Open Public Records Act, N.J.S.A. 47:1A-1 et seq., and the common law. A Bidder may designate specific information in its bid proposal as not subject to disclosure when the Bidder has a good faith legal/factual basis for such assertion. The University reserves the right to make the determination and will advise the Bidder accordingly. The location in the bid proposal of any such designation should be clearly stated in a cover letter. The University will not honor any attempt by a Bidder either to designate its entire bid proposal as proprietary and/or to claim copyright protection for its entire proposal 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 a contract award from being made to the Bidder BID ERRORS A Bidder may request that its bid proposal be withdrawn prior to bid opening. Such request must be made, in writing, to the Director of Purchasing. If the request is granted, the Bidder may submit a revised bid proposal as long as the revised bid proposal is received prior to the announced date and time for the opening of bid proposals and at the place specified. If, after the opening of bid proposals but before contract award, a Bidder discovers an error in its bid proposal, the Bidder may make written request to the Director of Purchasing for authorization to withdraw its bid proposal from consideration for award. Evidence of the Bidder s good faith in making this request shall be used in making the determination. The factors that will be considered are that the mistake is so significant that to enforce the contract resulting from the bid proposal would be unconscionable; that the mistake relates to a material feature of the contract; that the mistake occurred notwithstanding the Bidder s exercise of reasonable care; and that the University will not be significantly prejudiced by granting the withdrawal of the bid proposal. If, during the evaluation of bid proposals received, an obvious pricing error made by a potential contract awardee is found, the Director of Purchasing shall issue written notice to the Bidder. The Bidder will have five days after receipt of the notice to confirm its pricing. If the Bidder fails to respond, its bid proposal shall be considered withdrawn, and no further consideration shall be given it. If it is discovered that there is an arithmetic disparity between the unit price and the total extended price, the unit price shall prevail. If there is any other ambiguity in the pricing other than a disparity between the unit price and extended price and the Bidder s intention is not readily discernible from other parts of the bid proposal, the University may seek clarification from the Bidder to ascertain the true intent of the bid proposal. 2.0 DEFINITIONS 2.1 GENERAL DEFINITIONS The following definitions will be part of the contract awarded as result of this RFP: Addendum - Written revision to this RFP issued by Purchasing. 6

9 All-Inclusive Price A price that is all-inclusive of all direct and indirect costs, including, but not limited to, direct labor costs, overhead, fee or profit, equipment, materials, supplies, managerial support, documents, forms, reproductions thereof and any other costs. No additional fees or costs shall be paid by the University unless there is a change in the scope of work. Amendment - A change in the scope of work to be performed by the Contractor after contract award. An amendment is not effective until signed by the University s Vice President for Administration and Finance. Bidder A Contractor submitting a bid proposal in response to this RFP. Contract The contract awarded as a result of this RFP shall consist of addendum to this RFP, this RFP (including the University s Standard Contract Terms and Conditions), the Contractor's bid proposal and the University s Service Agreement incorporating these documents and signed by the Contractor and the University s Vice President for Administration and Finance. Contractor - The Contractor is the Bidder awarded a contract. Joint Venture A business undertaking by two or more entities to share risk and responsibility for a specific project. May - Denotes that which is permissible, but not mandatory. Request for Proposal (RFP) - This document, which establishes the bidding and contract requirements and solicits bid proposals to meet the purchase needs of the University. Shall or Must - Denotes that which is a mandatory requirement. Should - Denotes that which is recommended, but not mandatory. Subcontractor An entity having an arrangement with the Contractor, where by the Contractor uses the products and/or services of that entity to fulfill some of its obligations under its contract, while retaining full responsibility for the performance of all of its [the Contractor's] obligations under the contract, including payment to the subcontractor. The subcontractor has no legal relationship with the University, only with the Contractor. University - Stockton University. 2.2 CONTRACT SPECIFIC DEFINITIONS NJDEP New Jersey Department of Environmental Protection New Jersey Electronic Environmental (E2) Reporting System A web-based information system that allows the regulated community to electronically submit reports to the Department of Environmental Protection (NJDEP). SOC S - Synthetic Organic Compounds Stage 2 Sample Plan Department of Environmental Protection Identified Sample Points. VOC S- Volatile Organic Compounds 7

10 3.0 SCOPE OF WORK 3.1 General Requirements for Scope of Work: Laboratory Requirements: The Contractor shall ensure that all analysis is performed by a laboratory certified by the State of New Jersey Reporting Requirements for RFP Sections 3.2 and 3.3: The Contractor shall submit all sample analysis results electronically via E2 reporting, to the NJ DEP Division of Water Resources website. The Contractor shall acquire all necessary prior approvals from the University in order to register with the E2 reporting system. See Special Note to Laboratories from the NJ DEP website below: Special Note to Laboratories and Water Systems Regarding Drinking Water Submissions The E2 Reporting System Laboratory Participation Package and the E2 Reporting System Water System Participation Package each include a Special Note Regarding Drinking Water Submissions, found in Section of the package. Laboratories that wish to submit Drinking Water reports will need prior approval from the Water Systems before submissions on behalf of those Water Systems can be accepted. A Water System must complete the E2 Water System Registration Form to signify whether or not any laboratory may submit data on its behalf through E2, Reporting Time Periods: All analytical reporting must be filed by the Contractor within the time periods set forth by the NJDEP and Monitoring Schedules. Contractor shall a copy of analysis results and/or report for RFP Sections 3.4 through 3.6 to the University s Director of Plant Management or his designee within ten (10) working days from the date the sample is taken or as otherwise specified by the specific RFP section or Stockton University s Plant Management Office Sample Collection Requirements: All analysis samples required by the NJDEP Monitoring Schedule must be collected by the Contractor and Contractor must schedule the collection in advance of the actual site visit with the University s Director of Plant Management or his designee. Sample taking (grab) points are identified in the most current NJDEP/DS Monitoring Schedules. Monitoring Schedules are subject to change t is the responsibility of the Contractor to periodically check with the NJDEP for any changes affecting the monitoring schedules to ensure that the Contractor collects the University s samples according to the most current NJDEP/DS Monitoring Schedule. The Contractor shall submit all testing/samples on time in accordance with the most recent schedule. The Contractor shall notify the University of any sample analyses that cannot be extracted or completed within the required timeframes Notice of Sample that Exceeds Permissible Limits The Contractor shall immediately report any sample that exceeds permissible limits to the University s Director of Plant Management or his designee. 8

11 3.1.6 Re-sample After reporting any sample that exceeds permissible limits to the University, the Contractor shall initiate a re-sample within twenty-four (24) hours. The results of the re-sample shall be ed to the University s Director of Plant Management or his designee. If there is a need for the University to request a re-sample due to an error that is the fault of the Contractor (i.e. requested analysis isn t completed by the lab, sample is dropped, holding times are expired before analysis is complete etc.), the analysis of the re-sample will be done within twenty-four hours and at no additional charge to the University. 3.2 Analyses Required Potable Water System No.1 PWSID : Main Campus, Potable Water System 1 -- PWSID Treatment Plant Building 75 (point of entry, TP and DS). Visit for up to date monitoring schedules TOTAL COLIFORM: (continuous schedule) The Contractor shall collect Nine (9) Routine samples per month (108 samples annually). Contractor shall collect these samples from this system at sample points designated by University's Director of Plant Management, designee and/or the Licensed Operator, GPM Associates. CHLORINE, FREE RESIDUAL shall also be tested from the Nine (9) sample points monthly. Sample analysis results shall be reported electronically (E2) to New Jersey Department of Environmental Protection, Bureau of Safe Drinking Water and a hard copy forwarded at the time of E2 reporting to the University s Director of Plant Management, through CHLORIDES: The Contractor shall collect samples from each well (three (3) groundwater sourced) shall be tested separately. Contractor shall collect raw water sample in July of each year. Sample results shall be filed with NJDEP by August 31 of each year CORROSIVITY: The Contractor shall collect sample of treated water each year in July. Sample results shall be Langlier index calculated and filed with NJDEP by August 31 each year VOC'S. [Both State & Federal Requirement]: The Contractor shall collect one-point entry sample (TP001001): 8 primary and 34 secondary VOC. Contractor must perform testing between 1/1 and 12/31 annually and submit to NJDEP, one routine sample required per a three (3) year period. Required year for next sample is NITRATES: The Contractor shall collect one annual (TP001001) sample between 1/1 and 12/31 usually taken in early May with results being submitted electronically to NJDEP by the end of the month. Required year for next sample is INORGANICS: The Contractor shall collect One (1) routine sample (TP001001) per three (3) year period, during 1/1 and 12/31 and submit to NJDEP. Next sampling year is LEAD AND COPPER RULE. NOTE:(NJDEP granted the University a reduction) The Contractor shall conduct one analysis (DS)in accordance with CFR-141 and CFR-142. Twenty (20) samples every three years. Sample site as specified by Director of Plan Management, between 6/1 and 9/30. Results to be submitted to the 9

12 NJDEP electronically and a hard copy ed to the Director of Plant Management or his designee no later than August. Required year to sample is TOTAL TTHM and HAA5: Disinfection Byproducts (Stage 2 DBP) The Contractor shall collect two separate samples of each DBP taken during maximum residence time annually between -9/1 and 9/30. Sample point ID s: DBP2-1 and DBP2-2 as specified by the Director of Plant Management and the University s Stage 2 Sample Plan. Maximum residency begins after August15th. First sampling will be taken at the beginning of the month (9/1), while the second set of samples will be taken at time of maximum residency but prior to 9/30. Results shall be submitted to the NJDEP electronically and a hard copy ed to the Director of Plant Management or his designee no later than 9/ Analyses Required Building 6, Potable Water System No. 2 PWSID Type: Nontransient noncommunity (NTNC) Small Water System TOTAL COLIFORM: The Contractor shall collect One (1) routine sample, per calendar quarter beginning 1/1 to 12/31, to be collected at Building 6 and scheduled in advance with Plant Management. Sample analysis results to be reported electronically (E2) to New Jersey Department of Environmental Protection and Energy, Bureau of Safe Drinking Water and a hard copy ed to the Director of Plant Management or his designee CHLORIDE: The Contractor shall collect Test well raw water. Sample to be taken beginning July each year. Sample results are due to NJDEP by August 31 each year CORROSIVITY: The Contractor shall collect sample of treated water each year. Sample shall be taken in July. Sample results shall be Langlier index calculated and due to NJDEP by August 31 each year Volatile Organic Compounds [Both State & Federal Separately]: The Contractor shall collect One-point entry sample (TP001001): 8 primary and 34 secondary VOC. Testing required between 1/1 and 12/31, one routine sample, for each, to be submitted to NJDEP per year NITRATES: The Contractor shall collect One annual sample (TP001001) taken in early May with results being submitted electronically to NJDEP by the end of the month INORGANICS: The Contractor shall collect One (1) sample (TP001001) required every three (3) years between 1/1 and 12/31 and submit to NJDEP. Required year to sample is LEAD AND COPPER RULE: 5 samples per year in accordance with CFR Sampling period is 6/1 to 9/30. Results are to be reported electronically to NJDEP Bureau of Safe Drinking Water. Water Quality Parameters Analysis Input Form/Lead and Copper Rule Form WTP303. Results will also be ed to the Director of Plant Management or his designee no later than August ph(ds):. Contractor shall collect and electronically report two (2) samples every six (6) months between 1/1 to 12/31 and submit to NJDEP : ALKALINITY TOTAL: Contractor shall collect two (2) samples (DS) every six (6) months between 1/1 to 12/31 and submit to NJDEP. 10

13 Informational Ph (TP001001) This task is currently assigned to the Licensed Operator, GPM Associates. Licensed Operator will provide for one (1) sample every two (2) weeks, 14 day intervals, per continuous WQP monitoring determined by NJDEP. 3.4 Out Buildings & SW Outfall Buildings 7, 10, 501, The Contractor shall collect one Coliform sample the first week of March each year. Contractor shall the sample results to the Director of Plant Management or his designee. by the third week in March each year Methylene Blue Active Substances (MBA): The Contractor shall collect three (3) storm water outfall samples annually during the month of March/April. Contractor shall collect Samples from three separate locations, identified by the Director of Plant Management or his designee. Samples shall only be taken during times when rain is not expected and will only be collected after a minimum of three (3) consecutive rain free days. Contractor shall the sample results to the Director of Plant Management or his designee Closed Landfill, Monitoring Wells (4 ea.) NJPDES Permit # (See Exhibit B Landfill Monitoring Well Site Plan and Well Location Map) 1. The Contractor shall conduct an initial analysis of a well sample from the following wells in January of each year. Contractor shall forward the sample results to be reported on NJDEP Division of Water Resources, Water Quality Management Element; Ground Water Analysis - Monitoring Well Report Form VWX-015(A,B) and Ground Water Analysis - Volatile Organics Report Form VWX-016 by February 28 th of each year: a. Well # b. Well # c. Well # d. Well # The Contractor shall collect samples for the second, third and fourth quarter analysis of the above four wells in April for the second quarter, July for the third quarter, and October for the fourth quarter. Contractor shall report the Sample results on NJDEP Division of Water Resources, Water Quality Management Elements, Ground Water Analysis Monitoring Well Report Form VWX015(A,B). Contractor shall the sample results to the Director of Plant Management or his designee by May 30 for the second quarter, August 30 for the third quarter, and November 30 for the fourth quarter. 3.6 Methane Gas Monitoring Reduced monitoring approved, Contractor shall conduct annual monitoring required every 300 feet around perimeter of landfill. Testing to be performed between July September Any results of analysis which exceed parameters are to be reported to the University s Director of Plant Management or is designee within 24 hours of sample result date. Copies of the report may be ed or mailed. 11

14 4.0 BID PROPOSAL PREPARATION AND SUBMISSION 4.1 GENERAL The Bidder is advised to thoroughly read and follow all instructions contained in this RFP, including the instructions on the RFP s Cover sheet, in preparing and submitting its bid proposal. 4.2 BID PROPOSAL DELIVERY AND IDENTIFICATION In order to be considered, a bid proposal must arrive at Purchasing Department in accordance with the instructions on the RFP s Cover sheet. Bidders are cautioned to allow adequate delivery time to ensure timely delivery of bid proposals. Late bid proposals are ineligible for consideration. THE EXTERIOR OF ALL BID PROPOSAL PACKAGES ARE TO BE LABELED WITH THE RFP NUMBER - B AND TITLE AND THE BIDDER S NAME AND ADDRESS. 4.3 NUMBER OF BID PROPOSAL COPIES The Bidder must submit one (1) complete ORIGINAL bid proposal, clearly marked as the ORIGINAL bid proposal. The Bidder should submit one copy and one flash drive. The copies requested are necessary in the evaluation of the bid proposal. A Bidder failing to provide the requested number of copies will be charged the cost incurred by the University in producing the requested number of copies. It is suggested that the Bidder make and retain a copy of its bid proposal. 4.4 BID PROPOSAL CONTENT FORMS THAT MUST BE SUBMITTED WITH BID PROPOSAL RFP COVER SHEET The Bidder shall complete and submit the RFP Cover sheet. The RFP Cover sheet shall be signed by an authorized representative of the Bidder. If the Bidder is a limited partnership, the RFP Cover sheet must be signed by a general partner. If the Bidder is a joint venture, the RFP Cover sheet must be signed by a principal of each party to the joint venture. Failure to comply will result in rejection of the bid proposal OWNERSHIP DISCLOSURE CERTIFICATION In the event the Bidder is a corporation, partnership or sole proprietorship, the Bidder must complete the attached Ownership Disclosure Certification. A current completed Ownership Disclosure Certification must accompany the bid proposal. If the Bidder is a joint venture, an Ownership Disclosure Certification must be completed and submitted by each party to the joint venture. Failure to comply will result in rejection of the bid proposal IRAN CERTIFICATION The Bidder must certify on this form, pursuant to Public Law 2012, c.25, that neither the Bidder nor any of the Bidder s parents, subsidiaries, or affiliates is listed on the N.J. Department of the Treasury s list of entities determined to be engaged in prohibited activities in Iran MACBRIDE PRINCIPLES CERTIFICATION The bidder must certify pursuant to N.J.S.A. 52: that it is in compliance with the MacBride principles of nondiscrimination in employment as set forth in N.J.S.A. 52:18A-89.5 and in conformance with the United Kingdom s Fair Employment (North Ireland) Act of 1989, and permit independent monitoring of their 12

15 compliance with those principles. Please refer to N.J.S.A. 52: for additional information about the MacBride principles. By signing the RFP Cover Sheet, the Bidder is automatically certifying that either: The Bidder has no operations in Northern Ireland; or The Bidder has business operations in Northern Ireland and is committed to compliance with the MacBride principles. A Bidder electing not to certify to the MacBride Principles must nonetheless sign the RFP Cover Sheet AND must include, as part of its proposal, a statement indicating its refusal to comply with the provisions of this Act NON-COLLUSION By submitting a proposal, the Bidder certifies as follows: a. The price(s) and amount of its proposal have been arrived at independently and without consultation, communication or agreement with any other Contractor, Bidder or potential Bidder. b. Neither the price(s) nor the amount of its proposal, and neither the approximate price(s) nor approximate amount of this proposal, have been disclosed to any other firm or person who is a Bidder or potential Bidder, and they will not be disclosed before the proposal submission. c. No attempt has been made or will be made to induce any firm or person to refrain from bidding on this contract, or to submit a proposal higher than this proposal, or to submit any intentionally high or noncompetitive proposal or other form of complementary proposal. d. The proposal of the firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other noncompetitive proposal. e. The Bidder, its affiliates, subsidiaries, officers, directors, and employees are not currently under investigation by any governmental agency and have not in the last four (4) years been convicted or found liable for any act prohibited by state or federal law in any jurisdiction, involving conspiracy or collusion with respect to bidding on any public contract FORMS REQUIRED BEFORE CONTRACT AWARD AND SHOULD BE SUBMITTED WITH THE BID PROPOSAL BUSINESS REGISTRATION CERTIFICATE In accordance with N.J.S.A. 52:32-44(b), a Bidder and its named subcontractors must have a valid Business Registration Certificate ( BRC ) issued by the Department of Treasury, Division of Revenue prior to the award of a contract. To facilitate the proposal evaluation and contract award process, the Bidder should submit a copy of its valid BRC and those of any named subcontractors with its proposal. The bidder may go to to register with the New Jersey Division of Revenue or to obtain a copy of an existing Business Registration Certificate. 13

16 SOURCE DISCLOSURE CERTIFICATION Pursuant to N.J.S.A. 52: , prior to an award of contract, the Bidder is required to submit a completed source disclosure form, disclosing the location by country where services under the contract, including subcontracted services, will be performed. This statute requires that the services shall be performed within the United States. The Bidder s inclusion of the completed Services Source Disclosure Form with the proposal is requested and advised DISCLOSURE OF INVESTIGATIONS AND OTHER ACTIONS INVOLVING BIDDER The bidder should provide a detailed description of any investigation, litigation, including administrative complaints or other administrative proceedings, involving any public sector clients during the past five (5) years including the nature and status of the investigation, and, for any litigation, the caption of the action, a brief description of the action, the date of inception, current status, and, if applicable, disposition. The bidder shall use the Disclosure of Investigations and Actions Involving Bidder form for this purpose EMPLOYEE OR RELATIVE DISCLOSURE REQUIREMENT The Bidder shall disclose if they or any employee, stockholder/shareholder who owns 10% or more of stock, or corporation or any partner who owns 10% or more of interest is currently employed by the University; or if the bidder or any employee of the bidder is currently a student at the University PRICE SHEET The Bidder must submit its pricing using the format set forth in the Pricing Sheets attached hereto as Attachment A. Failure to submit all information required will result in the proposal being considered nonresponsive. Each bidder is required to hold its prices firm through issuance of contract SUBMITTALS In order to be considered, vendors must submit a complete response to this RFP. Complete responses must include all information requested in this RFP and address all requirements listed in this document. The response should be concise and shall be organized in a manner that will quickly access information. A. Summary Information Sheet- Attachment B 5.0 SPECIAL CONTRACUAL TERMS AND CONDITIONS 5.1 PRECEDENCE OF SPECIAL CONTRACTUAL TERMS AND CONDITIONS The contract awarded as a result of this RFP shall consist of addendum to this RFP, this RFP (including the University s Standard Contract Terms and Conditions), the Contractor's bid proposal and the University s Service Provider Agreement incorporating these documents and signed by the Contractor and the University s Vice President for Administration and Finance. In the event of a conflict between provisions within the contract documents, the contract documents shall have the following order of priority: Agreement, RFP Addendum by later issuance date, the RFP, the University s Standard Contract Terms and Conditions and the Contractors bid proposal. 14

17 5.2 CONTRACT TERM The term of this contract will be for a period of one (1) year. The Contract may be extended for all or part two (2) additional one (1) year periods based on the pricing submitted on Attachment A Price Sheet for Optional Extension Years 2 and 3, by mutual written consent of the parties. 5.3 CONTRACT AMENDMENT Any changes or modifications to the terms of the contract shall be valid only when they have been reduced to writing and signed by the Contractor and the University s Vice President for Administration and Finance. 5.4 INSURANCE CERTIFICATES The Bidder recommended for contract award shall provide the University with current certificates of insurance for all coverages required below. The Contractor shall show evidence of, prior to the commencement of services, and maintain, at its own expense, until final acceptance by the University of all services required under the Agreement, insurance for liability for damages imposed by law and assumed under the Agreement, of the kinds and in the amounts hereinafter provided, with insurance companies authorized to do business in the State of New Jersey. The University prohibits capping liability to anything less than the liability insurance coverage. All of the policies of insurance required to be purchased and maintained and the certificates, declaration pages, or other evidence thereof shall contain a provision or endorsement that the coverage afforded is not to be cancelled, materially changed or non-renewed without at least 30 days prior written notice to the University by certified mail. All such policies shall name Stockton University and the State of New Jersey as "Additional Insured". The Contractor shall procure and maintain the below listed types of insurance with limits of liability in at least the amounts also listed below: A. Commercial General Liability Insurance. The minimum limit of liability shall be $1,000,000 per occurrence (combined single limit for bodily injury and property damage)/$3,000,000 aggregate, including products/completed operations and contractual liability insurance. B. Workers Compensation and Employer's Liability Insurance. This insurance shall include Employer s Liability Protection with a limit of liability not less than $100,000 per accident/$300,000 per disease for each employee/$300,000 aggregate per disease. Worker's Compensation and Employer's Liability insurance shall be provided in accordance with the requirements of the laws of New Jersey. C. Comprehensive Automobile Liability Insurance. The policy shall cover owned, nonowned, hired, leased and rented vehicles with minimum limits of liability in the amount of $500,000 per accident as a combined single limit for bodily injury and property damage. 15

18 5.5 INDEMNIFICATION The Contractor will indemnify, defend and hold harmless the University, its employees, representatives, and agents from and against any and all losses, suites, claims demands, fines, penalties, awards, damages, costs and expenses as well as reasonable attorney fees and court costs arising out of or in connection with: (A) any negligence, default, breach, errors or omissions by the Contractor of obligations under this Contract; or, (B) violations or non-compliance with federal, State, local or municipal laws & regulations ordinances, building codes (including Americans with Disabilities Act, OSHA Environmental Protection Act) arising from the performance of this Contract or arising out of conditions created or caused to be created by the Contractor, its agents, employees and subcontractors. The University is a State entity under and subject to the provisions of N.J.S.A. 18A:64-1 et seq. prohibiting it from providing indemnification to entities not specifically cited in N.J.S.A. 18A: Any Contract signed on behalf of the State of New Jersey by a State official shall be subject to all of the provisions of the New Jersey Tort Claims Act (N.J.S.A. 59:1-1 et seq.), the New Jersey Contractual Liability Act (N.J.S.A. 59:13-1 et seq.), and the availability of appropriations. 5.6 CONTRACTOR S WARRANTY The Contractor is responsible for the quality, technical accuracy, timely completion and delivery of all deliverables and other services to be furnished by the Contractor under the contract. The Contractor agrees to perform in a good, skillful and timely manner all services set forth in the contract. The Contractor shall, without additional compensation, correct or revise any errors, omissions, or other deficiencies in its services and deliverables furnished under the contract. The approval of interim deliverables furnished under the contract shall not in any way relieve the Contractor of fulfilling all of its obligations under the contract. The acceptance or payment for any of the services rendered under the contract shall not be construed as a waiver by the University, of any rights under the agreement or of any cause of action arising out of the Contractor s performance of the contract. The acceptance of, approval of or payment for any of the services performed by the Contractor under the contract shall not constitute a release or waiver of any claim the University has or may have for latent defects or errors or other breaches of warranty or negligence. 5.7 REMEDIES FOR FAILURE TO COMPLY WITH MATERIAL CONTRACT REQUIREMENTS In the event that the Contractor fails to comply with any material contract requirements, the University s Vice President for Administration and Finance may take steps to terminate the contract in accordance with the provisions herein and/or authorize the delivery of contract items by any available means, with the difference between the price paid and the defaulting Contractor's price either being deducted from any monies due the defaulting Contractor or being an obligation owed the University by the defaulting Contractor. 5.8 TERMINATION The University reserves the right to terminate this Agreement on seven (7) days notice to the Contractor for any reason (the "Termination Date"). In such instance, the Contractor shall be paid for services performed and accepted by the University up to the Termination Date. 16

19 5.9 DISPUTES The University shall be, in the first instance, the interpreter of the requirements of this contract and the impartial judge of the Contractor s performance hereunder. The Contractor may, at any time, request a conference of any claim, dispute or matter in question arising out of or relating to contract. Consistent with the intent of this contract, the University may schedule a conference for the purpose of settling or resolving any such disputes, claims or other matters. Where such a conference is conducted, the Contractor shall be afforded the opportunity to be heard on the matter in question. The University may appoint a duly authorized University representative to act on the University s behalf. Following review of the Contractor s request, the University and the Contractor may settle or resolve the disputed matter. If an agreement cannot be reached, the final decision rendered by the authorized University representative as a result of the conference is binding. The final decision may be appealed to the Appellate Division pursuant to N.J.S.A. 18A:3B-6(f) SUBCONTRATING Any contract awarded pursuant to this RFP shall not be subcontracted without the prior written approval from the Vice President for Administration and Finance to any other person, company, corporation, firm, organization or agency. At the time of proposing, the Bidder shall submit a list of subcontractors, the type of work performed, and other pertinent data so as to qualify the subcontractor s capabilities. To the extent that the Contractor engage subcontractor(s) to perform services under this contract, the Contractor proposes to demonstrate that a good faith effort was made to utilize subcontractor(s) who are registered with the Division of Revenue and Enterprise Services as SBEs, as more fully described on Appendix C of Executive Order 151 and made part of this agreement as Exhibit A. The Contractor shall submit proof of subcontractor(s) SBE registration and efforts to utilize SBE subcontractor(s) as part of the contract documents and shall complete such other forms as may be required by the University for State reporting of participation ADDITIONAL WORK AND/OR SPECIAL PROJECTS The Contractor shall not begin performing any additional work or special projects without first obtaining written approval from the University. In the event of additional work and/or special projects, the Contractor must present a written proposal to perform the additional work to the University. 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 price schedule must be based upon the hourly rates, unit costs or other cost elements submitted by the Contractor in the Contractor s original proposal submitted in response to this RFP. Whenever possible, the price schedule should be a firm, fixed price 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 proposal. A payment schedule, tied to successful completion of tasks and subtasks, must be included. 17

20 No additional work and/or special project may commence without the University s written approval. In the event the Contractor proceeds with additional work and/or special projects without the University s written approval, it shall be at the Contractor s sole risk COMPLIANCE WITH LAWS AND STANDARDS The Contractor is responsible for assuring that all applicable federal, state and local laws, statutes, regulations, codes, and standards, and current generally-accepted standards and practices in its profession are complied with in connection with the services rendered to the University under this Contract ASSIGNMENT The Contractor shall not transfer, assign or otherwise dispose of the Contract or Contract funds, due or to become due, or claims of any nature it has against the University to any other party except upon the express written approval of the University STATE OF NEW JERSEY ANTI-DISCRIMINATION REQUIREMENTS The University s contract, including all subcontracts, will contain the anti-discrimination provisions required by N.J.S.A. 10:2-1. The Contractor, and all subcontractors, will be subject to those provisions and all applicable related regulations on all contracts. The University s contract, including all subcontracts, will be subject to the Law Against Discrimination (N.J.S.A. 10:5-1 et seq.), including as it pertains to public contracts (see N.J.S.A. 10:5-31 et seq.). Bidders are required to comply with the requirements of P.L. 1975, c.127 (N.J.S.A. 10:5-31 et seq.) SET-OFF FOR STATE TAX Please be advised that, pursuant to P.L. 1995, c. 159, effective January 1, 1996 and codified at N.J.S.A. 54:49-19 and N.J.S.A. 54:49-20, and notwithstanding any provision of the law to the contrary, whenever any taxpayer, under contract to provide goods or services or construction projects to the State of New Jersey or its agencies or instrumentalities, including the legislative and judicial branches of State government, is entitled to payment for those goods and services or construction projects, at the same time a taxpayer of that entity is indebted for an State tax, which pursuant to N.J.S.A. 43: also includes any indebtedness greater than or equal to $300 that is due to the Unemployment Compensation Fund, the State Disability Benefits Fund, and the Family Temporary Disability Leave Account, the Director of the Division of Taxation of the Office of Management and Budget shall seek to set-off that taxpayer s, partner s or shareholder s share of the payment of that indebtedness. The amount set-off shall not allow for the deduction of any expenses or other deductions which might be attributable to the taxpayer partner or shareholder subject to set-off. The Division of Taxation may initiate procedures to set-off the tax debt of a specific vendor upon the expiration of ninety (90) days after either the issuance by the Division of a notice and demand for payment of any Sate tax owed by the taxpayer or the issuance by the Division of a final determination on any protest filed by the taxpayer against an assessment or final audit determination. A set-off reduces the contract payment due to a vendor by the amount of that vendor s State tax indebtedness or, in the case of a vendor-partnership by the amount of State tax indebtedness of any member-partner respectively. N.J.A.C. 18: The Director of the Division of Taxation shall give notice of the set-off to the taxpayer and shall provide an opportunity for a hearing within thirty (30) days of such notice under the procedures for protests established under N.J.S.A. 54: No requests for conference, protest or subsequent appeal to the Tax Court from any protest 18

21 permitted under N.J.S.A. 54:49-19 shall stay the collection of the indebtedness. Interest that may be payable by the State to the taxpayer, pursuant to P.L. 1987, c. 184 (N.J.S.A. 52:32-35) shall be stayed AVAILABILITY OF FUNDS The University s obligations hereunder is contingent upon the availability of appropriated funds which payment for contract purposes can be made. The University will not issue any payment for services prior to the rendering and acceptance thereof OWNERSHIP OF MATERIALS Ownership of all data, material, and documentation originated and prepared for the University pursuant to this RFP and ensuing contract shall become the remain the property of the University MAINTENANCE OF RECORDS The Consultant shall maintain all documentation related to products, transactions, or services under this contract for a period of five years from the date of final payment. Such records shall be made available to the New Jersey Office of the State Comptroller upon request. 6.0 PROPOSAL EVALUATION 6.1 EVALUATION CRITERIA The contract shall be awarded to the responsive and responsible Bidder(s) whose bid proposal(s), conforming to the requirements of this Request for Proposal, are most advantageous to the University, price and other factors considered. Other factors considered include the following, not necessarily listed in order of significance: TECHNICAL EVALUATION CRITERIA A. Experience: the bidder s documented experience in successfully completing contracts of a similar size and scope in relation to the work required by this RFP. B. Ability to complete the Scope of Work based on its Proposal: the overall ability of the bidder to undertake and successfully complete the technical requirements of the contract PRICE EVALUATION For evaluation purposes, Bidders will be ranked according to the Attachment A -Pricing Sheets. 6.2 ORAL PRESENTATION, CLARIFICATION OF BID PROPOSAL. After the submission of bid proposals, unless requested by the University as noted below, Bidder contact with the University is still not permitted. The Bidder may be required to give an oral presentation to the University concerning its bid proposal. The University may also require the Bidder to submit written responses to questions regarding its bid proposal. The purpose of such communication with the 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 University s discretion whether to require the Bidder to give an oral presentation or require the Bidder to submit written responses to questions regarding its bid proposal. Action by the University in this regard 19

22 should not be construed to imply acceptance or rejection of a bid proposal. The Purchasing Department is the sole point of contact regarding any request for an oral presentation or clarification. 6.3 PROPOSAL DISCREPANCIES In evaluating bid proposals: Discrepancies between words and figures will be resolved in favor of words. Discrepancies between unit prices and totals of unit prices will be resolved in favor of unit prices. Discrepancies in the multiplication of units of work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated total of multiplied unit prices and units of work and the actual total will be resolved in favor of the actual total. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the corrected sum of the column of figures. 7.0 CONTRACT AWARD The contract award shall be made with reasonable promptness by written notice to that responsible Bidder, whose bid proposal, conforming to this RFP, is most advantageous to the University, price, and other factors considered. The University reserves the right to reject any or all bids, or to award in whole or in part, if deemed to be in the best interest of the University to do so. Furthermore, the University reserves the right to waive any other bid requirement in their sole discretion when such waiver is in the best interest of the University and where such waiver is permitted by law. 7.1 DOCUMENTS/APPROVALS REQUIRED BEFORE CONTRACT AWARD FINALIZATION AFFIRMATIVE ACTION The Bidder recommended for contract award is required to submit a copy of its Certificate of Employee Information or a copy of Federal Letter of Approval, verifying that the Bidder is operating under a federally approved or sanctioned Affirmative Action program. If the Bidder has neither document of Affirmative Action evidence, then the Bidder must complete an Affirmative Action Employee Information Report (AA-302). This requirement is a precondition to entering into a University contract POLITICAL CONTRIBUTION DISCLOSURE REQUIREMENTS a) The University may not contract to procure from any Contractor services or any material, supplies or equipment, or to acquire, sell or lease any land or building, where the value of the transaction exceeds $17,500, if the Contractor has solicited or made any contribution of money, or pledge of contribution, including in-kind contributions to a candidate committee and/or election fund of any candidate for or holder of the public office of Governor, or to any State or county political party committee during certain specified time periods b) Prior to awarding the contract to a Bidder, the Bidder proposed as the intended awardee of the contract shall submit the Certification and Disclosure form, certifying that no contributions prohibited by the Legislation have been made by the Bidder and reporting all contributions the Bidder made during the preceding four years to any political organization organized under 26 U.S.C.527 of the Internal Revenue Code that also meets the definition of a continuing political committee within the mean of N.J.S.A. 19:44A-3(n) and N.J.A.C. 19:

23 c) Further, the intended awardee is required, on a continuing basis, to report any contributions it makes during the term of the contract, and any extension(s) thereof, at the time any such contribution is made. d) The State Treasurer or his designee shall review the Disclosures submitted pursuant to this section, as well as any other pertinent information concerning the contributions or reports thereof by the intended awardee, prior to award, or during the term of the contract, by the Contractor. If the State Treasurer determines that any contribution or action by the Contractor constitutes a breach of contract that poses a conflict of interest in the awarding of the contract under this solicitation, the State Treasurer shall disqualify the Business Entity from award of such contract. 21

24 ATTACHMENT A PRICING SHEET Analysis 7/1/17-6/30/18 7/1/18-6/30/19 7/1/19-6/30/20 Total Coliform Refer to Section: Chlorides See Section: samples monthly 108 samples (ea.) $ 3 samples $ 9 samples monthly 108 samples (ea.) $ 3 samples (ea.) $ 9 samples monthly 108 samples (ea.) $ 3 samples (ea.) $ Corrosivity See Section: sample (ea.) $ 1 sample (ea.) $ 1 sample (ea.)$ VOC'S Federal & State See Section: Nitrates See Section: Inorganics See Section: Lead & Copper See Section: Not required in this year 1 sample May Not required in this year Not required in this year Not required in this year 1 sample May Not required in this year 20 samples (ea.$ 2 samples 1 sample May 1 sample May Not required in this year TTHM & HAA5 (Stage 2) Annual See Section: sample sets each, 1 st after 9/1, 2 nd prior to (ea.) $ 2 sample sets each, 1 st after 9/1, 2 nd prior to (ea.) $ 2 sample sets each, 1 st after 9/1, 2 nd prior to (ea.) $ Total Coliform Refer to Section: sample quarterly 4 samples (ea.) $ 1 sample quarterly 4 samples (ea.) $ 1 sample quarterly 4 samples (ea.) $ Chlorides See Section: raw sample July 1 raw sample July 1 raw sample July

25 Analysis 7/1/17-6/30/18 7/1/18-6/30/19 7/1/19-6/30/20 Corrosivity See Section: sample July 1 sample July 1 sample July VOC'S Federal & State See Section: samples June 2 samples June 2 samples June Nitrates See Section: sample May 1 sample May 1 sample May Inorganics See Section: Not required in this year Not required in this year 1 sample May Secondaries Per SU request Lead & Copper See Section: sample submitted every three $ 5 samples (ea.) $ 5 samples $ 5 samples (ea.) $ ph See Section: samples every six months (4 (ea.) $ 2 samples every six months (4 (ea.) $ 2 samples every six months (4 (ea.) $ Alkalinity, Total See Section: samples every six months (4 (ea.) $ 2 samples every six months (4 $ 2 samples every six months (4 $ Total Coliform See Section Methylene Blue Active Substance See Section Sample Week 1 March 3 samples annually (ea.) $ 1 Sample Week 1 March 3 samples annually (ea.) $ 1 Sample Week 1 March 3 samples annually (ea.) $ Landfill Monitoring Wells Quarterly See Section: 3.5.1&2 Landfill Methane Gas Monitoring Quarterly See Section: 3.6.1&2 16 (ea.) $ 1 Annual Total $ 16 (ea.) $ 1 Annual Total $ Total $ 16 (ea.) $ 1 Annual Total Annual cost $ $ $

26 Individual Test 7/1/17-6/30/18 7/1/18-6/30/19 7/1/19-6/30/20 Analysis Cost Total $ $ VOC $ SOC $ $ $ $ Lead & $ Landfill $ Radionuclide s (gross $

27 Analysis 7/1/17-6/30/18 7/1/18-6/30/19 7/1/19-6/30/20 Individual Sample Request Total $ $ VOC $ $ $ $ $ Lead & $ $ Out $ SW $ Landfill $

28 ATTACHMENT SUMMARY INFORMATION SHEET COMPANY NAME: 1. NUMBER OF YEARS FIRM HAS BEEN IN OPERATION: 2. CONTACT/LOCATION OF THE RESPONDENT S OFFICE THAT WILL BE RESPONSIBLE FOR MANAGING THIS CONTRACT: NAME: TITLE: ADDRESS: PHONE: FAX: CELL PHONE: 3. NAME(S) AND TELEPHONE NUMBER(S) PERSONNEL TO BE CONTACTED IF PROBLEMS OR EMERGENCIES OCCUR: CURRENT CONTRACTS 4. PLEASE LIST THE NEW JERSEY AGENCIES, US GOVERNMENTAL AGENCIES, PUBLIC AND PRIVATE UNIVERSITIES NOW UNDER CONTRACT WITH THE RESPONDENT FIRM: 5. PLEASE LIST REFERENCES WHERE SIMILAR TYPE SERVICES WERE PROVIDED. PROVIDE THE NAME, TITLE, AND TELEPHONE NUMBER OF AN INDIVIDUAL AT EACH REFERENCE SITE WHO CAN PROVIDE AN INDEPENDENT ASSESSMENT OF THE PROPOSER S PERFORMANCE: COMPANY NAME: NAME/TITLE: TEL.#: COMPANY NAME: NAME/TITLE: TEL.#: COMPANY NAME: NAME/TITLE: TEL.#: 6. PLEASE LIST CONTRACTS THE RESPONDENT HAS HAD TERMINATED DURING THE LAST THREE YEARS WITH THE REASON THE CONTRACT WAS TERMINATED FOR EACH JOB. IF NONE, INDICATE SO: TERMINATED CONTRACT: TERMINATED CONTRACT: TERMINATED CONTRACT:

29 EXHIBIT A Executive Order 151 APPENDIX C It is the policy of Stockton University that small businesses (each a small business enterprise or SBE ), as determined and defined by the State of New Jersey, Division of Minority and Women Business Development ( Division ) and the New Jersey Department of the Treasury ( Treasury ) in N.J.A.C. 17:14 et seq. or other application regulation, should have the opportunity to participate in the University s Contracts. To the extent the Firm engages subcontractors or sub-consultants to perform services for Stockton University pursuant to this Contract, the Firm must demonstrate to Stockton University satisfaction that a good faith effort was made to utilize subcontractors and sub-consultants who are registered with the Division as SBEs. Furthermore, the University will be evaluated quarterly by the Division, based on its attainment of the Participation Goals set forth in the State of New Jersey Construction Services Disparity Study (October 2005) and the State of New Jersey Disparity Study of Procurement in Professional Services, Other Services, and Goods and Commodities (June, 2005). Evidence of a good faith effort includes, but is not limited to: 1. The Firm shall request listings of SBEs from the Division (609) and /or via the following link: 2. The Firm shall keep specific records of its efforts, including records of all requests made to the Division, the names of SBEs contacted, and the means and results of such contacts, including without limitation receipts from certified mail and telephone records. 3. The Firm shall actively solicit and shall provide Stockton University with proof of solicitations of SBEs for the provision of Services, including advertisements in general circulation media, professional service publications and small business, minority-owned business or women-owned business focus media. 4. The Firm shall provide evidence of efforts made to identify categories of Services capable of being performed by SBEs. 5. The Firm shall provide all potential subcontractors and sub-consultants that the Firm has contacted pursuant to 2 or 3 above with detailed information regarding the scope of work of the subject contract. 6. The Firm shall provide evidence of efforts made to use the goods and/or services of available community organizations, consultant groups, and local, State, and federal agencies that provide assistance in the recruitment and placement of SBEs. Furthermore, the Firm shall submit proof of its subcontractors and/or sub-consultants SBE registrations and shall complete such other forms as may be required by Stockton University for State reporting as to participation.

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