Bid Amendment 1T3004 Waterway Debris Assess 122916.docx

State of New Jersey

December 29, 2016

Bid Amendment {Addendum} #1 – Part 1

The following constitutes Bid Amendment {Addendum} #1 to the above referenced Bid Solicitation {RFP}:

· This Bid Amendment {Addendum} includes answers to questions. Not all questions have been answered. The remaining questions will be addressed in a forthcoming addendum; and

· Please note that for all additions, deletions, clarifications, and modifications to the Bid Solicitation {RFP} # 17DPP00058, please refer to the Revised Bid Solicitation {RFP} titled “Revised RFP T3004 Waterway Debris Assessment Services 122916 and Revised Price Schedule T3004 122916.”

It is the sole responsibility of the Vendor {Bidder} to be knowledgeable of all of the additions, deletions, clarifications, and modifications to the Bid Solicitation {RFP} and/or the New Jersey Standard Terms and Conditions relative to this Bid Solicitation {RFP} as set forth in all Bid Amendments {Addenda}.

All other instructions, terms, and conditions of the Bid Solicitation {RFP} shall remain the same.

T3004 Waterway Assessment Services for Disasters Bid Solicitation {RFP} Number: 17DPP00058

Answers to Questions

Note: Some of the questions have been paraphrased in the interest of readability and clarity. Each question is referenced by the appropriate Bid Solicitation {RFP} page number(s) and section where applicable.

A: As stated in Bid Solicitation {RFP} Section 1.3.1: Questions regarding the State of NJ Standard Terms and Conditions and exception to mandatory requirements must be posed during this Electronic Question and Answer period and should contain the Vendor’s {Bidder’s} suggested changes.

As stated in Section 4.1 General: “Proposals including supplemental terms and conditions may be accepted, but supplemental terms or conditions that conflict with those contained in this Bid Solicitation {RFP} or the State’s NJ Standard Terms and Conditions (“Bid Solicitation {RFP}/SSTC”), as may be amended by addenda, or that diminish the State’s rights under any contract resulting from the Bid Solicitation {RFP} will be considered null and void.”

A: The State may issue a separate procurement for Disaster Project Management Services in the future.

Blanket P.O. {Contract}-Specific Definitions/ Acronyms Q: For the Task Order definition, can the State add the following sentence to the end of the Task Order definition: "Task Orders will be mutually agreed upon and executed between the State or Using Agency and the Vendor (Contractor) prior to the commencement of work."

A: No, the State does not accept the change to the Task Order definition, however, there can be exchanges of information between the Vendor {Contractor} and the Using Agency during the Vendor’s {Contractor’s} development and the Using Agency’s approval of the required work plans.

Private Property Access Q: Are we, as the Vendor (Contractor), required to sign the Right of Entry Agreements (REA) with the property owners or will the Using Agency sign the REA with the property owner and the Vendor (Contractor) will only be responsible for overseeing the process between the property owner and Using Agency.

A: The Vendor {Contractor} and the property owner are required to sign the Right of Entry Agreement.

State of New Jersey Standard Terms & Conditions 4.1 Indemnification Q: Can the State please approve the following changes to the provision?

A: The Vendor {Bidder} did not propose a question for the State to answer.

Data Confidentiality Q: Can the State please provide a copy of the Non-Disclosure Agreement that we would be required to sign, if requested?

A: The Non-Disclosure Agreement is not applicable to this procurement. Please reference the modifications to the Revised Bid Solicitation {RFP} titled “Revised RFP T3004 Waterway Debris Assessment Services 122916” Section 5.9.1.

State Contract Manager Responsibilities Q: It states “If the Blanket P.O. {Contract} has multiple users, the State Contract Manager shall be the central coordinator of the use of the Blanket P.O. {Contract} for all Using Agencies” Would the Vendor (Contractor) be able to sign individual Blanket P.O.s with each individual Using Agency rather than having multiple users on one (1) Blanket P.O.?

A: No, the Vendor {Contractor} will not be able to sign individual Blanket P.O.s {Contracts} with each individual Using Agency.

State of New Jersey Standard Terms & Conditions 4.1 Indemnification Q: Can the State please approve the following changes to the provision? Indemnification for Third Party Claims - The Vendor {Contractor} shall assume all risk of and responsibility for, and agrees to indemnify, defend, and save harmless the State of New Jersey and its employees from and against any and all claims, demands, suits, actions, recoveries, judgments and costs and expenses in connection therewith which shall arise from or result directly or indirectly from the work and/or materials supplied under this contract to the extent caused by the negligence or willful misconduct of Vendor or anyone for whom Vendor may be liable, and including 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. [and] The Vendor’s {Contractor’s} liability to the State for actual, direct damages resulting from the Vendor’s {Contractor’s} performance or non-performance, or in any manner related to this Blanket P.O. {Contract}, for any and all claims, shall be limited in the aggregate to 200% of the total value of this Blanket P.O. {Contract}, except that such limitation of liability shall not apply to the following: a. The Vendor’s {Contractor’s} obligation to indemnify the State of New Jersey and its employees from and against any third party claim, demand, loss, damage, or expense relating to bodily injury or the death of any person or damage to real property or tangible personal property, incurred from the work or materials supplied by the Vendor {Contractor} under this Blanket P.O. {Contract} to the extent caused by negligence or willful misconduct of the Vendor {Contractor).

A: No, the State does not accept the proposed modification.

State of New Jersey Standard Terms & Conditions 4.2 Insurance Q: Can the State please remove all references to at least, not less than, or minimum and add aggregate after? The minimum limit of liability shall be $1,000,000 per occurrence and aggregate.

A: No, the State does not accept the proposed modification.

5.11 Performance Guarantee of Contractor Q: Will Section 5.11 of the terms and conditions be removed for professional services contracts?

A: Please reference the modifications to the Revised Bid Solicitation {RFP} titled “Revised RFP T3004 Waterway Debris Assessment Services 122916” Section 9.0 (5.11).

Proof of Bonding Capacity Q: For professional services Blanket P.O.s {Contracts} will proof of bonding capacity be required, per Section 4.4.3.1?

A: Yes, in accordance to Bid Solicitation {RFP} 17DPP00058, Section 4.4.3.1, The Vendor {Bidder} must submit documentation/proof of a bonding capacity up to $5 million.”

Method of Engagement Q: How many Vendors (Contractors) could receive award under this Blanket P.O. {Contract}?

A: “The intent of this Bid Solicitation {RFP} is to award up to two (2) Master Blanket Purchase Orders (Blanket P.O.s) {Contracts} to those responsible Vendors {Bidders} whose Quotes {Proposals}, conforming to this Bid Solicitation {RFP} are most advantageous to the State, price and other factors considered” (reference Bid Solicitation {RFP} 1.1 – Purpose and Intent.

A: No, Requisition Release {Purchase Order} will not be issued to conduct assessments under past disaster declarations.

A: Yes, please reference the modifications to the Revised Bid Solicitation {RFP} titled “Revised RFP T3004 Waterway Debris Assessment Services 122916” Section 3.6.3(d).

A: Yes, please reference the modifications to the Revised Bid Solicitation {RFP} titled “Revised RFP T3004 Waterway Debris Assessment Services 122916” Section 3.8(d).

A: The Blanket P.O. {Contract} operations should not require obtaining commercially available office space. However, if necessary and at the discretion of the Using Agency, office space may be made available. Office space is not a reimbursable expense.

A: See response to Question #16.

A: No, the Vendor {Contractor} is not responsible for preparing information to formulate the Project Worksheets. This is a separate activity and is not part of this Blanket P.O. {Contract} nor is it a reimbursable activity under this procurement. The Project Worksheets prepared for FEMA are prepared by the State and/or Using Agency in coordination with FEMA.

A: Yes, please reference the modifications to the Revised Bid Solicitation {RFP} titled “Revised RFP T3004 Waterway Debris Assessment Services 122916 Section 3.2.1, 3.26.1, and Revised Price Schedule T3004 122916.”

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