Middlesex County Improvement Authority Request for Proposal (Rfp) No

MIDDLESEX COUNTY IMPROVEMENT AUTHORITY REQUEST FOR PROPOSAL (RFP) NO. 320

CONCEPTUAL, PRELIMINARY AND FINAL ENGINEERING SERVICES AND CONSTRUCTION ASSISTANCE SERVICES FOR

THE NORTH BRUNSWICK TRAIN PLATFORM

TABLE OF CONTENTS

I...... GENERAL PROJECT INFORMATION ...... 1 A. Request for Proposal – General Information ...... 2 B. General Definitions ...... 3 C. Anticipated Selection Schedule ...... 4 D. Pre-proposal Conference ...... 5 E. Request for Information and Addenda ...... 5 F. Contract Duration ...... 6 G. Joint Venture ...... 6 H. Equal Employment Opportunity Requirements………………………………….7/8 I. Business Registration Certificate………………………………………………...9/10 J. Small Business Enterprise (SBE) Goal Assignment……………………………10 K. Technical Evaluation Committee………………………………………………..10/11 L. Modification or Withdrawal…………………………………………………………11 M. Disqualification of Proposers/Proposals……………………………….…………..11 N. Disclosure of Investment Activities in Iran…………………………………….11/12 O. Ownership Disclosure ...... 12 P. Contractor’s Certification of Eligibility………………………………………….12/13 Q. Source Disclosure Requirements ...... 13 R. Certification and Political Contribution Disclosure (P.L. 2005, C.271) ...... 14 S. Notice of Executive Order 125 Requirement for Posting of Winning Proposal and Contract Documents ...... 14 T. Equal Pay Act ...... 14 II...... PROJECT BACKGROUND AND DESCRIPTION ...... 15

III...... SCOPE OF SERVICES – GENERAL ...... 18 IV...... SCOPE OF SERVICES – DETAILED DESCRIPTION OF TASKS ...... 24 A. Project Management Requirements ...... 22 B. PHASE 1 - Conceptual Design ...... 46 C. PHASE 2 - Preliminary Design / Engineering...... 59 D. PHASE 3 – Final Design/Engineering ...... 88 E. PHASE 4 – Construction Assistance Services ...... 103

V...... GENERAL PLAN AND SPECIFICATION REQUIREMENTS ...... 106 A. Construction Guidelines…………………………………………………………106 B. Ownership of Work……………………………………………………………….107 VI...... PROPOSAL REQUIREMENTS ...... 107 A. General……………………………………………………………………………109 B. Technical Proposal Format ...... 107 C. Oral Presentation Format ...... 114 D. Method of Selection…………………………………………………………..114/115 E. Protest Procedure ...... 118 F. References………………………………………………………………………...122

ATTACHMENTS

A. Technical Proposal Evaluation Criteria B. Cost Proposal Forms (Sample Format) C. Project Design Milestone Schedule D. Selected Scenario

EXHIBITS

1. Form of Proposal 2. Acknowledgement of Receipt of Addenda 3. Equal Employment Opportunity Requirements 4. Small Business Enterprise (SBE) Guidelines 5. Statement of Joint Venture (if applicable) 6. Ownership Disclosure Form (PD-ODF-1) 7. Source Disclosure Certification Form 8. Political Contribution Disclosure Form 9. Disclosure of Investment Activities in Iran 10. Contractor’s Certification of Eligibility 11. Non-Collusion Affidavit 12. Affidavit of Compliance 13. Certification of Contracts, Grants, Loans & Cooperative Agreements (Byrd Anti-Lobbying Certification) 14. Travel & Business Reimbursement Guidelines

I. GENERAL PROJECT INFORMATION

A. Request for Proposal – General Information

The Middlesex County Improvement Authority (MCIA) is issuing this Request for Proposal (RFP) to obtain Proposals from qualified professional Engineering firms who have experience working with NJ Transit, Conrail and AMTRAK to conduct Conceptual Design, Preliminary and Final Design, Engineering and Construction Assistance services for North Brunswick Train Station (the “Project”), located in the North Brunswick Transit Village located in North Brunswick, NJ. The Project shall consist of design and construction of a train station at the North Brunswick transit village. This includes the design and construction of train station and any other related railroad infrastructure required to facilitate NJ TRANSIT public transportation along the North East Corridor to and from the Platform. MCIA intends to award the project (Phases 1,2,3,4) to one Consultant. However, the MCIA reserves the right to authorize the phases and/or tasks of each phase of the Scope of Professional Services as it deems in its best interest.

The Estimated Design Schedule Shall be as Follows:

Phase 1 Conceptual Engineering - (up to 10%) 2 Months Phase 2 Preliminary Engineering (10% to 30%) – 12 Months, (supports environmental approvals) Phase 3 Final Engineering (30% - 100%) - 12 Months (includes Bid Phase Services) Phase 4 Construction Assistance Services TBD

The durations are for Consultant Design and does not include MCIA, County, NJ TRANSIT, Amtrak or NJDEP or other Agency Review Time.

MCIA will solicit the Construction Management Services and Construction Services contracts separate from this RFP. The selected Proposer and its team may not be eligible to participate in the Construction Management Services and Construction services procurements. Refer to Section III – Scope of Services – General, and Section IV – Scope of Services – Detailed Description of Tasks for more details of the services expected to be rendered by the Proposer:

All costs associated with the various Phases and Tasks will be negotiated with the successful Proposer separately and a not-to exceed cost will be established. Additional or unauthorized costs incurred by the Consultant will not be reimbursed.

MCIA reserves the right to reject any and all Proposal(s) in accordance with applicable law. Contract award is subject to the availability of funds and the Proposer’s agreement to MCIA’s standard terms and conditions. MCIA will not reimburse Proposers for expenses incurred in responding to this RFP.

All Proposers are notified that MCIA reserves the right to delete or modify any task from the Scope of Services at any time during the Contract at its sole discretion. MCIA also reserves the right to approve all Subconsultants.

Prior to the execution of this Contract with MCIA and before commencing any performance hereunder, the Proposer shall provide MCIA with the required proof(s) of insurance as set forth in Exhibit 1.

All Proposers are notified that it is MCIA policy that Consultants who do, or may do, business with MCIA must avoid all situations where proprietary or financial interest, or the opportunity for financial gain, could lead a MCIA officer or employee to secure favored treatment for any organization or individual. Proposers must avoid all circumstances and conduct which may not constitute actual wrongdoing, or conflict of interest, but might nevertheless appear questionable to the general public, thus compromising the integrity of MCIA.

In addition, Proposers are advised that communications with MCIA that in any way relate to this Project shall be conducted with MCIA’s Office of Purchasing.

All other contacts are strictly prohibited and considered improper. Proposers are advised that violation of this prohibition may result in the removal of the Proposer from consideration for this Contract and possible suspension/debarment.

B. General Definitions

Addendum (plural Addenda): Written interpretations, clarifications, and revisions to the Request for Proposal (RFP), including its Attachments and Exhibits, issued by MCIA before the Proposal due date

Agreement: See definition of Contract

Business Day: Any weekday excluding Saturdays, Sundays, State legal Holidays and State mandated closings, unless otherwise indicated

Business Registration: A Business Registration certificate issued by the Department of the Treasury or such other form or verification that a Consultant or Subconsultant is registered with the Department of Treasury

Calendar Day: Each and every day shown on the calendar Consultant: The entity awarded the Contract under this RFP Contract: The written agreement executed by the MCIA and the Consultant constituting the total agreement between the parties covering the performance of the work. The Contract, including incorporated attachments, represents the entire and integrated agreement between the parties and supersedes all prior negotiations, representations or agreements either written or oral.

Contracting Officer: MCIA’s Executive Director & authorized representative(s), within the scope of duties assigned to him or her.

Contractor: See definition of Consultant

Cost Proposal: The preliminary cost estimate submitted by the Proposer in response to the RFP

Days: Shall mean Calendar Days unless otherwise indicated

Holiday(s): Specific day(s) on which MCIA is not open for business May: Denotes that which is permissible or recommended not mandatory Must: Denotes that which is a mandatory requirement Notice of Award: Written notification to Proposer selected for award of the Contract Project: The specific services that are the subject of this Request for Proposals Proposal: The Proposal, or offer, submitted by the Proposer in response to the RFP

Proposer: The entity submitting a Proposal in response to this RFP Shall: Denotes that which is a mandatory requirement Should: Denotes that which is permissible or recommended, not mandatory

Subconsultant: Any entity having a relationship with the Consultant, whereby the Consultant uses the products and/or services of that entity to fulfill some of its obligations under the Contract

Subcontractor: See definition of Subconsultant

Technical Proposal: The specific technical requirements of the Project, submitted by the Proposer in response to the RFP

C. Anticipated Selection Schedule

Activity Due Date Issue Request for Proposal (RFP) Friday, October 30, 2020 Friday, November 6, 2020 Friday, November 13, 2020 Site Vicinity Tour Monday, November 30, 2020 Pre-Proposal Conference (Via Zoom) Wednesday, December 2, 2020 at 10:00 am Request for Information, Questions Tuesday, December 8, 2020 at 4:00 pm Deadline Technical & Fee Proposal Tuesday, December 22, 2020 at 1:00 pm Technical Review Friday, January 15, 2021 Oral Presentations Thursday, January 21, 2021 (tentative Friday, January 2021) Financial Evaluation and Negotiation Week of January 25, 2021 MCIA / NJ Transit Board Approval February 10, 2021 Contract Award February 2021 Issue Notice to Proceed February 2021

D. Pre-proposal Conference

Each Proposer shall completely familiarize itself with the nature of the work to be accomplished and the type of equipment, facilities and skills required to meet the Scope of Services and Contract specifications.

To discuss the Project and to address questions, MCIA will hold A Pre-proposal Conference has been scheduled for 10:00 a.m. on Wednesday, December 2, 2020 via Zoom (details to follow) for the purpose of answering questions and providing directives and clarification.

Attendance at the Pre-Proposal Conference is highly recommended but not mandatory. Recipients of this RFP that do not attend may be at a disadvantage 4

when submitting a Proposal. This may be a Tele-Conference if necessary.

SPACE FOR THE PRE-PROPOSAL CONFERENCE IS LIMITED. INTERESTED PARTIES ARE NOT REQUIRED TO RSVP; HOWEVER, IT IS REQUESTED

THAT ONLY TWO (2) REPRESENTATIVES FROM EACH FIRM ATTEND THE PRE-PROPOSAL CONFERENCE.

E. Request for Information and Addenda

The Proposer shall examine carefully all the RFP documents in the RFP package and conditions noted therein affecting the work. By submitting a Proposal, the Proposer acknowledges that it has carefully examined the Proposal package and satisfied itself as to the conditions affecting the work. MCIA assumes no responsibility for any conclusions or interpretations made by the Proposer on the basis of the information made available by MCIA.

1. Inquiries regarding the RFP package shall be submitted in writing directed to the attention of Jim Polos via Kevin McQueeney, QPA to the MCIA by no later than Tuesday, December 8, 2020 at 4:00 p.m. Requests for information can be mailed must be emailed to [email protected]. 2. To be given consideration, all such inquiries must adhere to the following: a. Be received in writing no later than 4 p.m., Tuesday, December 8, 2020 b. Reference RFP name and number, section and page number; Requests for information must be emailed in a non-scanned electronic format to E-Mail: [email protected].

The Proposer must identify and submit any questions, requests for clarifications, exceptions or proposed modifications to the Agreement, with suggested changes to the Agreement and the reasons(s) therefor, during the Request for Information period or shall thereafter waive any right to request modification thereto.

Any response that MCIA may choose to make in response to Requests for Information will be by a written Addendum to the RFP and sent to all listed holders of the RFP Package. MCIA will not be bound by any informal explanation, clarification, or interpretation, oral or written, by whoever made, that is not incorporated into an addendum. Copies of all such Addenda will be mailed or e- mailed to each Proposer. The Proposer shall acknowledge receipt of the Addenda as specified below.

Proposer’s failure to request a clarification, interpretation, correction or amendment will preclude such Proposer from, thereafter, claiming any ambiguity, 5

inconsistency or error which should have been discovered by a reasonably prudent Proposer.

MCIA reserves the right to amend the RFP package prior to the date set for receipt of Proposals. Such revisions, if any, will be announced by Addenda to this Request for Proposal. Copies of such Addenda as may be issued will be furnished to all prospective Proposers. The date set for receipt of Proposals may be postponed by such number of days as in the opinion of the Contracting Officer will enable Proposers to revise their Proposal submission. In such cases, the Addenda will include the new date for receipt of Proposals.

Proposers are required to acknowledge receipt of all Addenda by signing the “Acknowledgement of Receipt of Addenda” form. This form (Exhibit 2) shall be included as part of the Technical Proposal. Failure to acknowledge receipt of all Addenda may render the Proposal non-responsive.

F. Contract Duration

The anticipated duration of the Contract, subject to continuing satisfactory performance and availability of funds, is two (2) years and two (2) months from the Notice to Proceed (NTP) date of the Contract for all phases of Work. The proposed design milestone schedule shall be provided for this project consistent with MCIA requirements in Attachment C.

G. Joint Venture

A Proposer consisting of more than one (1) business entity must clearly identify itself in the Proposal as a joint venture. Each party to a joint venture shall provide financial data (i.e.: financial statement, D&B report, etc.) as a separate business entity. Each party to a joint venture shall bear, jointly and severally, the entire responsibility for Contract performance. The joint venture parties shall execute enclosed Statement of Joint Venture (Exhibit 5) and submit with its Technical Proposal.

H. Equal Employment Opportunity Requirements

The Proposer will be required to comply with State Equal Employment Opportunity requirements contained in N.J.S.A. 10:5-31 et seq. (P.L. 1975, c.127) and N.J.A.C. 17:27 et seq. A Proposer is further required to comply with all other Equal Employment Opportunity requirements as described herein as well as any other applicable Federal or State statutes or regulations. (See Exhibit 4) Pursuant to N.J.S.A. 10:2-1 et seq, the Proposer agrees that: H1. In the hiring of persons for the performance of work under this Contract or any Subcontract hereunder, or for the procurement, manufacture, assembling or furnishing of any such materials, equipment, supplies or services to be acquired under this Contract, no Consultant, nor any person acting on behalf of such Consultant or Subconsultant, shall, by reason of race, creed, color, national origin, 6 ancestry, marital status, gender identity or expression, affectional or sexual orientation or sex, discriminate against any person who is qualified and available to perform the work to which the employment relates;

H2. No Consultant, Subconsultant, nor any person on his behalf shall, in any manner, discriminate against or intimidate any employee engaged in the performance of work under this Contract or any Subcontract hereunder, or engaged in the procurement, manufacture, assembling or furnishing of any such materials, equipment, supplies or services to be acquired under such Contract, on account of race, creed, color, national origin, ancestry, marital status, gender identity or expression, affectional or sexual orientation or sex;

H3. There may be deducted from the amount payable to the Consultant by the contracting public agency, under this Contract, a penalty of $50.00 for each person for each Calendar Day during which such person is discriminated against or intimidated in violation of the provisions of the Contract; and

H4. This Contract may be canceled or terminated by the contracting public agency and all money due or to become due hereunder may be forfeited, for the violation of this section of the Contract occurring after notice to the Consultant from the contracting public agency of any prior violation of this section of the Contract.

I. Business Registration Certificate

Pursuant to N.J.S.A. 52:32-44, MCIA (“Contracting Agency”) is prohibited from entering into a Contract with an entity unless the Proposer, and each Subcontractor/Subconsultant that is required by law to be named in a Proposal has a valid Business Registration Certificate on file with the Division of Revenue and Enterprise Services within the Department of the Treasury.

Prior to Contract award or authorization, the Contractor/Consultant shall provide MCIA with its proof of Business Registration and that of any named Subcontractor(s)/Subconsultant(s).

Subcontractors/Subconsultants named in a Proposal shall provide proof of Business Registration to the Proposer, who in turn, shall provide it to MCIA prior to the time a Contract, purchase order, or other contracting document is awarded or authorized.

For the duration of the Contract:

(1) The Contractor/Consultant shall not enter into a Contract with a Subcontractor/Subconsultant unless the Subcontractor/Subconsultant first provides the Contractor/Consultant with a valid proof of Business Registration.

(2) The Contractor/Consultant shall maintain and submit to MCIA a list of Subcontractors/Subconsultants and their addresses that may be updated from time to time.

(3) The Contractor/Consultant and any Subcontractor/Subconsultant providing goods or performing services under the Contract, and each of their affiliates, shall collect and remit to the Director of the Division of Taxation in the Department of the Treasury, the use tax due pursuant to the Sales and Use Tax Act, (N.J.S.A. 54:32B-1 et seq.) on all sales of tangible personal property delivered into the State. Any questions in this regard can be directed to the Division of Taxation at (609) 292-6400. Form NJ-REG can be filed online at: http://www.state.nj.us/treasury/revenue/busregcert.shtml.

Before final payment is made under the Contract, the Contractor/Consultant shall submit to MCIA a complete and accurate list of all Subcontractors/Subconsultants used and their addresses.

Pursuant to N.J.S.A. 54:49-4.1, a business organization that fails to provide a copy of a Business Registration as required, or that provides false business registration information, shall be liable for a penalty of $25 for each day of violation, not to exceed $50,000, for each proof of Business Registration not properly provided under a Contract with MCIA.

Accordingly, the Proposer should submit with its Technical Proposal, the Business Registration Certificates for all team members, but no later than the date of Contract award.

J. Small Business Enterprise (SBE) Goal Assignment

MCIA has assigned a 15% goal on the gross sum amount of the Proposal or Contract for Small Business Enterprise (SBE) subcontracting participation including all suppliers are eligible to participate in this contract. As used in this contract, the terms “small business” means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632) and N.J.A.C. 17:13 and N.J.A.C. 17:14 and “minority and women’s business enterprise” means a business at least fifty-one (51%) percent owned and controlled by minority group members or women; or business certified and registered, including self-citification pursuant to N.J.A.C. 17:45 et al.

MCIA’s SBE program is accorded the same priority as compliance with all other legal obligations as required by MCIA. Contractors/Consultants shall comply with the SBE program requirements in the award and administration of MCIA contracts. Failure by Contractor/Consultant to carry out these requirements shall constitute a breach of the Contract which may result in the termination of the Contract or other such remedy as MCIA deems appropriate. Consultant must demonstrate reasonable efforts to meet the SBE goals.

To demonstrate compliance with the 15% SBE goal in their proposals, consultants will refer to the SBE goal guidelines in Exhibit 4 and provide the following; 1. The name and address of each SBE that will participate in the contract. 2. The description and estimated fee or dollar amount of the work each SBE will perform; 3. Written documentation of the primary consultant’s commitment to use SBE in the contract to meet the goal; and 4. Written confirmation from each SBE confirming participation in the contract as provided by the primary consultant.

K. Technical Evaluation Committee

A Technical Evaluation Committee (TEC) comprised of MCIA, County and NJ Transit staff will be responsible for reviewing and evaluating the Technical Proposals, participating in Oral Presentations, and assisting with negotiations, if requested, with a Proposer for award of the Contract. The TEC will analyze the submitted Technical Proposals, which must include project manpower estimates for the respective tasks outlined in the Scope of Services. In order to adequately evaluate the capability of Proposers, the Proposal must address all tasks as 9

set forth in the Scope of Services of this RFP. The Proposer should include the level of details it determines necessary to assist the TEC in its review and evaluation of its Proposal.

L. Modification or Withdrawal

Proposal modifications submitted will be considered if received in hard copy by MCIA at the specified location before the time set for receipt of Proposals. The modification shall be duly executed by the Proposer or its authorized representative and shall be clearly labeled as a modification. Modifications received after the time specified for receipt of Proposals will not be considered. Fax or e-mail modifications will not be considered.

Modifications of Proposals shall be submitted, prior to the Proposal receipt date, in a sealed envelope, clearly marked with the RFP number and project title, date of opening and name of Proposer. also mark the outside of the envelope as “Proposal Modifications”. Proposers shall assume that its failure to comply with these requirements may result in the modification being opened prematurely, or not opened at all.

Proposals may be withdrawn at any time prior to the time specified for the opening of Proposals by filing a written withdrawal with MCIA, duly executed by the Proposer or its authorized representative. The withdrawal of a Proposal does not prejudice the right of the Proposer to file a new Proposal. Withdrawals received after the time specified for the opening of Proposals will not be considered nor may any Proposal be withdrawn after that time.

Unless a Proposal is withdrawn as specified above, MCIA will consider all Proposals firm offers until such time as MCIA executes a Contract with the successful Proposer, which should not be more than six (6) months from the date of Proposal receipt but may be longer.

M. Disqualification of Proposers/Proposals

Submission of more than one (1) Proposal from an individual, firm, partnership, corporation or combination thereof under the same or different names shall be cause for disqualification of the Proposals submitted by such entities. Reasonable grounds for believing that any individual, firm, partnership, corporation or combination thereof is interested as a principal in more than one (1) Proposal for the procurement contemplated may cause the rejection of all Proposals submitted by such individual, firm, partnership, corporation or combination thereof.

N. Disclosure of Investment Activities in Iran

Pursuant to N.J.S.A. 52:32-55 et seq., a Proposer that, at the time of the Proposal 10

submission, is identified on a list created pursuant to such law by the New Jersey Department of the Treasury as a person or entity engaging in investment activities in Iran as described in such law, shall be ineligible to, and shall not, propose on or enter in to a Contract with MCIA. As required by such law, the Proposer must complete and submit with its Proposal, the certification (Exhibit 9) to attest under penalty of perjury, that neither the person, nor entity nor any of its parents, subsidiaries or affiliates is identified on the Department of Treasury’s Chapter 25 list as a person or entity engaging in investment activities in Iran. Failure to complete and submit this certification will render the Proposal non-responsive.

O. Ownership Disclosure

Pursuant to N.J.S.A. 52:25-24.2, in the event the Proposer is a corporation, partnership or limited liability company, the Proposer must complete a current, Ownership Disclosure Form prior to the receipt of the Proposal or accompanying the Proposal. The Ownership Disclosure Form must set forth the names and addresses of all stockholders in a corporation who own ten percent (10%) or more of its stock, or of all the individual partners in the partnership who own a ten percent (10%) or greater interest, or of all the members in the limited liability company who own a ten percent (10%) or greater interest. If one or more stockholders, partners, or members is itself a corporation, partnership, or limited liability company, the stockholders holding ten percent (10%) of more of that corporation’s stock, or the individual partners owning ten percent (10%) or greater interest in that partnership, or the members owning ten percent (10%) of greater interest in the limited liability company, shall also be listed.

To comply with this requirement, a Proposer with any direct or indirect parent entity which is publicly traded may submit the name and address of each publicly traded entity and the name and address of each person that holds a ten percent (10%) or greater beneficial interest in the publicly traded entity as of the last annual filing with the Securities and Exchange Commission, and, if there is any person that holds a ten percent (10%) or greater beneficial interest, also shall submit links to the websites containing the last annual filings with the federal Securities and Exchange Commission or the foreign equivalent and the relevant page numbers of the filings that contain the information on each person that holds a ten percent (10%) or greater beneficial interest.

Failure to submit the form prior to or with the Proposal will result in the rejection of the Proposal. (Exhibit 6)

P. Contractor’s Certification of Eligibility

The Proposer shall certify on the Contractor’s Certification of Eligibility (Exhibit 10) that it is not included on the State of New Jersey, Department of Treasury, Consolidated Debarment Report or on the State of New Jersey, Department of Labor and Workforce Development, Division of Wage and Hour Compliance, Prevailing Wage Debarment List. 11

The Proposer shall also certify that neither it, nor any of its Subconsultants, have any exclusions with the System for Award Management (S.A.M) on www.SAM.gov. If the Proposer or any of its Subconsultants are included on such report, the Proposer may not be eligible for award of Contract.

Q. Source Disclosure Requirements

Under N.J.S.A. 52:34-13.2, all contracts primarily for services awarded by MCIA shall be performed within the United States, except when the Contracting Officer certifies in writing a finding that a required service cannot be provided by a Consultant or Subconsultant within the United States and the certification is approved by the Executive Director.

All Proposers seeking a Contract primarily for services with MCIA must disclose the location, by country, where services under the Contract, including subcontracted services, will be performed.

If any of the services cannot be performed within the United States, the Proposer shall state with specificity the reasons why the services cannot be so performed. MCIA’s Contracting Officer shall determine whether sufficient justification has been provided by the Proposer to form the basis of his certification that the services cannot be performed in the United States and whether to seek the approval of the Executive Director.

Accordingly, the Proposer should submit with its proposal the attached Source Disclosure Certification form (Exhibit 7). If the information is not submitted with the Proposal, it shall be submitted within five (5) Business Days of MCIA’s request. Failure to submit sourcing information when requested by MCIA shall preclude award of a Contract to the Proposer.

Breach of Contract for Shift of Services Outside the United States

If, during the term of the Contract, the Consultant or Subconsultant, who had on Contract award declared that its services would be performed within the United States, proceeds to shift the performance of the services to outside the United States, the Consultant shall be deemed to be in breach of its Contract. The Contract shall then be subject to termination for cause pursuant to Article 16 of Agreement, unless previously approved by the Contracting Officer and the Executive Director.

R. Certification and Political Contribution Disclosure (P.L. 2005, C.271)

The Consultant is advised of its responsibility to file an annual disclosure statement on political contributions with the New Jersey Election Law Enforcement Commission (ELEC), pursuant to N.J.S.A. 19:44A-20.27 (P.L. 2005, c.271, section 3) if the Consultant receives contracts in excess of $50,000 from a public entity in a calendar year. It is the Proposer’s responsibility to determine if filing is necessary. Failure to so file can result in the imposition of financial penalties by ELEC. Additional information about this requirement is available from ELEC at 888-313-3532 or at http://www.elec.state.nj.us.

S. Notice of Executive Order 125 Requirement for Posting of Winning Proposal and Contract Documents

NOT APPLICABLE

T. Equal Pay Act

Pursuant to N.J.S.A. 34:11-56.14, any employer, regardless of the location of the employer, who enters into a Contract with a public body to perform qualifying services to the public body shall provide a report to the Commissioner of the New Jersey Department of Labor and Workforce Development, in a form promulgated by the Commissioner, of information regarding the compensation and hours worked by employees categorized by gender, race, ethnicity and job category.

Information regarding the Diane B. Allen Equal Pay Act and its requirements may be obtained from the New Jersey Department of Labor and Workforce Development (LWD) web site at: https://nj.gov/labor/equalpay/equalpay.html

LWD forms may be obtained from the online web site at:

https://nj.gov/labor/forms_pdfs/equalpayact/mw563(6-18)annualequalpay.pdf

II. PROJECT BACKGROUND AND DESCRIPTION

A. Project Background

Passenger demand and rail service congestion along the Northeast Corridor has created a public need for a new train Platform in North Brunswick, New Jersey; and Middlesex County has proposed a North Brunswick Train Station/Platform to be built at the North Brunswick transit village, as part of the "Main Street North Brunswick" development project to address this need. The Station will operate along the NEC, with NJ TRANSIT providing rail service to and from the Station; and providing easier access to the region's transportation centers thereby increasing economic opportunities and investments for the residents of North Brunswick and Middlesex County. The Station being built for the joint benefit of Middlesex County, the Township of North Brunswick and NJ TRANSIT, which has agreed to partner with the MCIA to assist in the development of the Platform. The MCIA will manage the concept and design phases of this station on behalf of the County and NJ TRANSIT, and will retain and manage an engineering and/or design firm to conduct, develop and produce a preliminary and final engineering design of the Platform and to retain, as necessary, Construction Services to build the Project. All work on this project will be reviewed and approved by MCIA, NJ TRANSIT Conrail, Amtrak and other Local State and Federal Agencies as required including all deliverables, design and procurement documents, associated with the Project. The New Jersey State Legislature has appropriated funding for the design and construction of this project through the New Jersey Transportation Trust Fund to NJ TRANSIT for the purposes of financing design and construction of the Platform.

B. Project Description The Project shall consist of design and construction of a train Platform at the North Brunswick transit village. This includes the design and construction of train platforms and any other related railroad infrastructure required to facilitate NJ TRANSIT public transportation along the NEC to and from the Platform. Specific services shall include but not be limited to: Track design (alignment, layout, plain line and switch and crossing, gauge clearance) 1050 (If) Hi-Level Platform Design Along Track 6 with Shelters Signal and train control design (scheme development, construction design) Foundation for future pedestrian Bridge Stairs and ADA ramp from station building and parking lot/structure to platform Communication system design Mechanical and Electrical systems design Space for future elevator and stairs TVM and other platform amenities

Electrical system design as needed for a full and complete job Extension of signalization and PTC from How Lane to Dean’s switch Emergency generator and electrical hut Overhead catenary design Platform Architecture Civil, structural and Geotechnical design Environmental Investigations and Permits Railroad Access Permits NJ Transit, Amtrak, FRA coordination and approvals ROW services – GPPM, IPM Survey Services Environmental clearance document services

The train platform shall be designed for future generations, harnessing the power of digital technology and limit impact on the natural environment.

The design approach shall involve the latest 3D rendering visualization and animation tools including BIM Modeling for the platform area to showcase project progress and design.

The Project will consist of the following basic elements;

1.) Design of track 5 and track 6 has been completed by NJ Transit as part of the Delco project and shall be incorporated into the platform design. Relocation and redesign of the NJ Transit and AMTRAK Catenary in the area of the platform. The station building is the Developer’s responsibility. Design new fully ADA compliant train platform with full length 12 car trains length platform for greater capacity. Evaluate the design and construction costs associated with the additional overbuild of high voltage line to accommodate future pedestrian overpass for platform. 2.) The project must include an operational analysis covering functions and interface with main line operations in the Northeast Corridor (NEC); Concept definition of the new Platform including layout of tracks, roads, structures, drainage, utilities, catenary, wayside and traction power, communications and site mitigation measures required to construct the train Platform. Redesign and reconstruction of the access road, drainage, duct banks, and other utilities (if required). 3.) Modification to existing substation for traction power including load study to determine impact on Amtrak system and the preliminary and final design of the Platforms and appurtenances. 4.) The project also includes the design of Oakey’s turnback and Deans Switch. Delco interlockings and the design of the new Platform. Extension of tracks and construction of Dean’s and Oakey’s Switches – (turnback track).The project includes preparation of all environmental permits and technical support during construction. 5.) In advancing the project from project definition / conceptual planning through preliminary and final design, construction bid services, and construction services, the Consultants approach will be focused on achieving the following project objectives;

Please note that above scope will require modifications as required by the railroad (NJ Transit as well as Amtrak to secure required approvals) or other requirements to satisfy the permit conditions/requirements. All other administrative tasks are 15

required including Project Management, Risk Management, Value Engineering, etc.

Key Project Objectives

1) Assure the improvements in the North Brunswick Train Platform are compatible with the design for other improvements underway. 2) Maintain train operations through construction and maintain a safe environment for passengers, crews, and employees. 3) Incorporate safety and security into the design of the Train Platform track and facilities to minimize risk and allow for secure Platform and facility. 4) Advance the project consistent with the schedule expectations of MCIA and the requirements of the funding sources. 5) Identify innovative and cost saving concepts that increase the cost- effectiveness and return on investment for the project. 6) Minimize environmental permits and permitting requirements. 7) Design does not include preclude future full built North Brunswick Platform and accommodates future foundation in its design.

C. Consultant Qualifications

Related experience is essential. Emphasis will be placed on previous Design, Train Platform Architectural and Engineering Design Experience, Railroad Engineering and Construction assistance services for maintenance of way facilities and train yards.

Consultant must demonstrate that the firm has successfully completed at least three (3) previous Train Platform Design Contracts of which one (1) will be of similar scope to this RFP. The Proposer shall also demonstrate its experience working with Amtrak along NEC in securing the final design approvals for such work.

The Project Manager shall have a minimum of fifteen (15) years of relevant project experience with a significant portion managing large, complex, interdisciplinary rail yard and train platform design projects over $50 million in construction costs. The Project Manager shall be a full-time employee of the Consultant and shall be working in local offices of the Consultant a local field office in close proximity to the project site in order to be able to respond in a timely manner in lieu of a mileage restriction. The Project Manager must be a Professional Engineer licensed to practice in the State of New Jersey. Project Manager’s past interaction with the proposed team on other projects is desired but not essential.

The key personnel as further set forth in Section VI – B shall have a minimum of ten (10) years of relevant experience in their respective fields performing designs on similar projects and shall be licensed or registered in the State of New Jersey

to provide such services.

The approval of plans and specifications by MCIA, its Engineers, NJ Transit and Amtrak is not to be construed as authority to violate, cancel or set aside any provisions of applicable Municipal, County, State or Federal codes, laws, rules and regulations.

Nothing contained in this RFP or any resultant Contract is intended to relieve the Consultant of responsibility for maintaining adequate supervision and responsibility over the design to guard MCIA and NJ Transit against deficiencies in the design work.

III. SCOPE OF SERVICES – GENERAL

MCIA intends to award the project (Phases 1,2,3,4) to one Consultant. However, the MCIA reserves the right to authorize the phases and/or tasks of each phase of the Scope of Professional Services as it deems in its best interest. Monies allocated for tasks not authorized will be credited to the MCIA and the Consultant's fee shall be reduced accordingly enter into this Contract with a phased approach and will divide the services requirements. into various phases as briefly described below: The Estimated Design Schedule Shall be as Follows:

Phase 1 Conceptual Engineering - (up to 10%) - 2 Months Phase 2 Preliminary Engineering (10% to 30%) - 12 Months, (supports environmental approvals) Phase 3 Final Engineering (30% - 100%) - 12 Months (includes Bid Phase Services) Phase 4 Construction Assistance Services shall be limited to modifications of design and assistance with design interpretation during construction – TBD

The durations are for Consultant Design and does not include MCIA, County, NJ Transit, Amtrak or NJDEP or other Agency Review Time. MCIA will solicit the Construction Management Services and Construction Services contract separate from this RFP. The selected Proposer and its team shall not be eligible to Propose or Bid in the future Construction Management Services and/or Construction Services contracts. The site and facility design must blend into the surrounding environment context and provide full functionality with optimum use of the site. 1. MCIA’s proposed design schedule for this project is illustrated above. The selected Consultant shall be required to provide services in support of these projections. The Consultant shall allow sixty (60) calendar days for review and comment by MCIA, NJ Transit, Conrail and Amtrak on each of the design submissions (10%, 30%, 60%, 90% and 100%). Additional review time by various agencies does not constitute a reason for additional 17

effort and related change order. The Consultant must provide necessary justification of its design to the satisfaction of the reviewing agency. No additional time or money will be due to the Consultant for effort spent to justify its design or redesign due to comments from the reviewing agencies. Therefore, it is strongly suggested that the Consultant must follow all requirements from the reviewing agencies from the beginning of the Concept Development. Design based on the assumptions of the Consultant on its own which may not be consistent with the reviewing agencies’ requirements shall be considered invalid and any cost associated with the redesign shall be the responsibility of the Consultant.

2. The Consultant shall furnish all services as required by MCIA in accordance with the Contract. MCIA may terminate the agreement in whole or in part at any time if the Consultant has materially failed to comply with the terms of the agreement.

3. The Consultant shall provide an organizational structure of a Project team which will address each task as identified in this RFP, control the budget, schedule, and product quality; and advance the project to successful completion.

4. The Consultant must seek and receive prior written approval by MCIA of any change in the project organization / manpower structure. This work shall be directed by a designated Project Manager who is employed full time by the Consultant, and who will coordinate all efforts and will serve as liaison between all parties affected in implementing the Project. The Project Manager will be supported by principals of the firm and other specialists as required. In addition: a. The Project Manager will represent the entire team and be responsible for all communications with MCIA. It will be the responsibility of the Project Manager to coordinate the activities of the multi-disciplined effort to provide MCIA with a completed project within the designated schedule.

b. The Project Manager shall be a Professional Engineer licensed in the State of New Jersey and shall be subject to approval of and removal by MCIA and may be removed only with advance approval by MCIA.

c. The Project Manager will conduct review and progress meetings 18

monthly and/or as required by MCIA, including preparation of minutes.

5. All parties in responsible charge of each discipline of engineering or architectural work shall have a professional license or registration in the State of New Jersey.

6. For each task of the Contract, the Consultant shall establish and institute procedures for controlling the schedule and budget, regularly reporting status, and developing approaches to anticipated problems. In consultation with MCIA, NJ Transit and the Consultant shall develop and update monthly a CPM- style detailed schedule which shall depict actual and anticipated progress on the project tasks. The schedule shall denote a clear critical path and work breakdown structure. A summary-level bar chart of major project tasks and products shall also be developed and updated.

7. In addition, a Monthly Project Management Report shall be developed and established. The Project Management report format, to be developed in consultation with MCIA and NJ Transit shall be comprised of budget and schedule control elements. Typical elements shall include:

a. Budget summary by firm; b. Budget summary by task; c. Man-hour projections by each discipline in each task; d. Contract change order status; e. Schedule slippage, percent of estimated physical completion of each task, and expenditures incurred as a percentage of task budget; f. Contract to-complete cost projections using earned value analysis; g. Upcoming decisions, milestones; h. Submission review status; and, i. Minutes of meetings listing.

8. Monthly updates of the entire report shall be provided. If requested, updates at other frequencies shall be supplied of selected pages.

9. The Consultant shall also prepare an executive management report to be 19

submitted with the monthly invoice. The elements of this report are a subset of the Project Management Report as shown in Appendix B.

10. The Consultant shall submit above status information with each monthly invoice. The information shall be correct as of the date of submission of the invoice to MCIA, and will be required as a condition for payment. Payroll timesheets for all employees working on the Project (Consultant and subconsultants) shall be submitted with the invoice.

11. The Consultant and Subconsultant(s) shall not exceed any task budget or the overall Project budget without formal written approval by MCIA and NJ Transit.

12. If the Consultant requires information / decisions from MCIA, the Consultant shall make all requests for information / decisions in writing to the designated MCIA Project Manager, with a description of the problem, recommended solutions, and alternative solutions. MCIA will review and respond to all questions within fourteen (14) business Days after submittal of complete information.

13. The Consultant shall perform services for, attend and assist in all meetings required, and coordinate work with all relevant agencies and authorities including, but not limited to MCIA, NJ Transit, AMTRAK, Conrail (if applicable), NJ Department of Environmental Protection, NJ Department of Community Affairs, the State Historic Preservation Office (SHPO),

local governmental entities, and groups representing the elderly and handicapped community. The Consultant shall be responsible for identifying any other agency that must be coordinated with in connection with the project. Meeting minutes shall be prepared by the Consultant and distributed to participants within five (5) Calendar Days of the meeting. 14. The Consultant shall identify, pursue and secure all permits related to the project. This is to include, but not necessarily be limited to, all applicable local, State and Federal requirements regarding environmental issues, building codes, construction, etc.

15. This Contract will be divided into four phases:

Phase 1 Conceptual Design (0% - 10%)

Task 1.1 Data Collection & Initial Project Phase 2 Scope Validation Task 1.2 Right-of-Way Research Task 1.3 Initial Environmental Screening Task 1.4 Conceptual Design Task 1.5 Project Definition Report Task 1.6 As Directed – Conceptual Design

Phase 2 Preliminary Engineering and Design (10% - 30%)

Task 2.1 Site Inspection, Inventory and Survey Task 2.2 Utility Investigations Task 2.3 Initial Geotechnical Investigation Task 2.4 Environmental Procurement / EO 215

Task 2.5 Preliminary Design / Engineering (10% - 30%)

Task 2.6 Detailed Geotechnical Investigations Task 2.7 Supplemental Survey Task 2.8 Right of Way Engineering Task 2.9 Utility Engineering Task 2.10 Environmental Engineering Task 2.11 Value Engineering Task 2.12 Interagency Coordination Task 2.13 As Directed Assignments

Phase 3 Final Engineering and Design (30% - 100%)

Task 3.1 Final Design/Engineering (60%, 90%, 100% Complete) Task 3.2 60% Complete Design Task 3.3 Final Design & Construction Bid Package Preparation Task 3.4 Peer Review Services 21

Task 3.5 Bid Phase Services Task 3.6 Interagency Coordination Task 3.7 As Directed Assignments

Phase 4 Construction Assistance Support Services

Task 4.1 Construction Assistance Task 4.2 Design Interpretation Task 4.3 Field changes to design Task 4.4 Cost analysis of Alternates Task 4.5 Modifications to Drawings Task 4.6 Meetings Task 4.7 Response to Questions Task 4.8 Request for Information Task 4.9 As Directed Assignments

16. The Consultant shall provide all necessary architectural and engineering services required to prepare all Contract plans, technical specifications, a detailed cost estimate, detailed design and construction schedule, and bid documents for all sections of the proposed work.

17. The construction plans shall be 24” x 36” with standard MCIA title box and shall consist of at a minimum: Key Map, Location Map, Estimate of Quantities, Distribution of Quantities sheet, Site Plan, Elevations, Sections, Typical Sections, mechanical-electrical-plumbing (MEP) and architectural plans, structural plans, details, and any such drawings required to convey the intent of the design. Certain copies of design development drawings may be half-size.

The number of sheets is not a measure of the Consultant’s effort. The Consultant shall provide as many sheets necessary to convey the intent of 22

the design.

Specifications and supplemental specifications shall conform to the CSI Division format or another acceptable format as pre-approved by MCIA.

18. The Consultant shall submit all electronic files of the final designs in its native format to MCIA at completion of the project.

19. Computer Aided Drafting and Design (CADD): Due to the many differing needs of MCIA and outside interested parties for review of specific elements of the Project, it will be necessary to reproduce the design documents. They will require enlargement, downsizing, modification, shown without certain elements, or with emphasis on certain elements. To facilitate these requirements, the use of computer-aided design and drafting (CADD), MicroPlatform, compatible with AutoCAD Release 2020 or later is required. Building Information Modelling (BIM) shall be used for the Project as well as 3D Rendering and Visualization tools shall be used. The documents shall be submitted in both their original software format (e.g. WORD, EXCEL, CADD, and Photoshop, REVIT, SKETCHUP, LUMION, MP4) and as pdf files. The electronic files can also be provided via FTP Site.

20. The Consultant shall exercise reasonable care in the preparation of contract documents to conform to all applicable code requirements in effect at the time of issuance of the contract documents.

21. The Consultant shall maintain and make available for audits upon MCIA's request, all books, documents, records, and other evidence pertaining to services and costs thereof for a period of five (5) years from final payment under the Contract.

IV. SCOPE OF SERVICES – DETAILED DESCRIPTION OF TASKS

A. Project Management Requirements

a) The objective of this task is to keep MCIA informed in a timely fashion regarding both technical progress and financial status of the project. Project management shall be of a proactive form that anticipates problems and delays as best as possible and addresses them before they reach crisis level.

23 b) Another objective is to maintain a continuous and timely dialogue and flow of information between the Consultant and MCIA. c) The Consultant shall provide an experienced, integrated team with the specific combination of technical and management expertise across all required disciplines necessary to meet all Contract requirements. d) The Consultant shall keep MCIA informed in a timely fashion regarding both technical progress and financial status of the project. To these ends, the project management team shall implement and maintain a proper approach to project management and control, including but not limited to the following tasks:

Task 0.1 – Project Management Plan

1. At the outset of the project the Consultant shall prepare and implement a project management plan in consultation with MCIA / NJ Transit. The plan shall clearly define the roles and responsibilities of all parties involved. The plan shall outline formal lines of communication, shall establish budgets and schedules, and shall identify quality control and invoicing procedures. 2. The Consultant shall prepare a comprehensive Project Management Plan (PMP) for the North Brunswick Train Platform Project, fully addressing the means, methodologies, procedures and resources to be applied by both MCIA / NJ TRANSIT and the Consultant in achieving the Project Management objectives stated above. The PMP shall work in conjunction with the Quality Management Plan as described later in this RFP.

3. The Consultant shall prepare the PMP in general accordance with the established NJ Transit guidelines with sufficient detail to monitor the Project’s planning, engineering, and third-party coordination throughout the duration of the Contract. To maintain consistency MCIA may provide standard document formats and requirements for Programmatic PMP submittals which conforms to NJ TRANSIT requirements after Contract award.

4. The PMP shall include appropriate charts and narrative to describe

the organization, relationships, responsibilities, and procedures to be implemented to manage all aspects of the Project.

At a minimum, the PMP shall address the following:

5. Roles and Responsibilities a. Project Controls Management – schedule and budget b. Communications Protocol c. Design Management – internal reviews and checking procedures d. Configuration Management e. Interface and Integration Management f. Third Party Coordination/ Third Party Agreements Management g. Records Management

6. Deliverables:

a. Draft PMP – One (1) week from NTP b. Final PMP –Two (2) weeks from NTP after receiving comments from MCIA and the NJ TRANSIT. c. Updates to the PMP, shall be made Semi-annually or as directed by MCIA.

Task 0.2 – Project Schedule Management

1. The Consultant shall develop and maintain a detailed project schedule, representing a practical plan to complete the Contract scope of work, and to meet the overall schedule. The schedule shall cover all tasks associated with the Project including but not limited to tasks to be performed by parties other than the Consultant.

2. The purpose of the schedule is to provide an effective management tool by which the Consultant and MCIA can measure progress of the work, identify areas of schedule risk, and mitigate against any potential delays on a timely basis. The actual number of activities in the schedule shall, in the judgment of MCIA, be sufficient to assure adequate planning of the Project and to permit monitoring and evaluation of progress and the analysis of time

impacts.

3. The Project Schedule shall be detailed and correlate with the work plan described in the PMP and organized based on the tasks and major elements of the Project.

The Consultant shall use Primavera P6, or a MCIA approved equivalent software. The format of the schedule shall include bar chart plots and shall show columns for:

a. Activity ID b. Activity Description c. Original Duration d. Early Start, Late Start, Early Finish and Late Finish e. Total Floats.

4. Timescale shall be shown in calendar days.

5. Initial Scheduling Meetings and Schedule Update Meetings shall be held to review, agree and approve all schedule deliverables.

6. The Work Breakdown Schedule (WBS) codes shall be presented in organizational-chart format for approval prior to developing the Contract Schedule. The Consultant shall code the Baseline Schedule using no more than eight (8) alpha-numeric characters for the Activity ID, and shall utilize the approved WBS.

7. The Consultant shall submit the draft Baseline Schedule without status within One (1) week of NTP. The Baseline Schedule shall be accompanied by a narrative outlining the assumptions made, formatting approach, definitions of terminology to be used in monthly reporting, estimates of original durations, calendar types used, explanation of resources and the production rates, relevant drawings or charts.

8. The Consultant shall make all corrections to the draft Baseline Schedule requested by MCIA and resubmit within one (1) week of receiving comments. If the Consultant does not agree with MCIA’s comments, the Consultant shall provide written notice of disagreement within five (5) days from the receipt of the comments. The items in disagreement shall be

resolved in a meeting held for that purpose, if necessary.

9. The Baseline Schedule shall show the sequence and interdependence of activities required for complete performance of the Project beginning with the date of the NTP, and concluding with the date of acceptance of the Project and shall list specifically:

a. Interim milestone completion dates required by the Contract will be characterized. Phasing of all design activities as specified shall be prominently identified. Attention shall be given to design submittals. Submittals and review of design submittals and other deliverables shall include review time for designated reviewers. b. Submittals to, and reviews by outside agencies and shall allow sufficient time for review. c. How various early action contracts are inter-related and dependent on each other. d. MCIA designated milestones shall be developed. e. MCIA and Regulatory milestones, as required to achieve approval into Final Design shall be developed. f. Acceptance of the Project, including completion of unfinished items prior to completion of any Contract milestones shall be noted. g. Work to be performed by other Consultants and agencies that affect the schedule and shall allow reasonable time for completion shall be noted. h. Acquisition of permits, Final National Environmental Policy Act (EO 215) approval and related environmental approvals, licenses, agreements, and coordination with, municipalities, other agencies and community groups shall be noted.

10. The Consultant shall accurately develop the schedule logic and activity interdependencies, such that the schedule can fully convey an understanding of the Critical Path.

11. The Progress Schedule shall include all information current as of the status date. The Progress Schedule submittal to MCIA shall be accompanied by a Schedule Status Report. This narrative report shall describe activities completed and progressed during the report period, activities planned for the forthcoming report period, potential issues, delay chain analysis as 27

required, and actions required to correct any negative float (actual or predicted). The report shall include an explanation of potential delays and problems, their estimated impact on performance, and their estimated impact on the Contract completion date. In addition, alternatives for possible schedule recovery, complete with a narrative rationale, to mitigate any potential delay shall be included for consideration by MCIA.

Every Progress Schedule shall be submitted for approval at least five (5) Business Days prior to the MCIA designated Progress Schedule Meeting. The Progress Meeting shall include discussion confirming percentage complete, actual start/finish, earned values and remaining duration. Upon approval of the Progress Schedule, it shall be included in the Monthly Report. The status date of the Progress Schedule will be the last Business Day of each month.

12. Timely progress reporting and review by the Consultant’s management team will be critical in avoiding schedule creep or delays which will be detrimental to the schedule given the objectives of the project. Progress Reports shall include;

a. Consultant’s Transmittal Letter; b. Description of Problem Areas; c. Current and Anticipated Delays; and the following information; i. Cause of the delay; ii. Corrective action and schedule adjustments to correct the delay; and

iii. Impact of the delay on other activities, milestones, and completion dates. d. Pending Items and Status Thereof, regarding the following requirements: i. Permits; ii. Change Order; iii. Time extensions; and iv. Interim Milestone Dates and Contract Completion Dates Status e. Discussion of critical path for month and any changes to critical path since the last report;

f. Progress during period and plans for Project in forthcoming period.

13. Planned schedule percentage complete versus actual percentage achieved and earned value versus planned usage for each resource shall be computed in tabular format from the resource and price loading developed for Contract execution.

14. An overall cumulative progress curve shall be plotted with the horizontal axis in calendar months.

A schedule found to be unsatisfactory, or otherwise not in compliance with Contract documents shall be revised by the Consultant and resubmitted. Resubmittals shall conform to the same requirements as original submittals.

15. Use of float suppression techniques such as preferential sequencing, special lead/lag logic restraints, negative lags, long lags, extended activity times, or imposed or constrained dates, shall be cause for rejection of the detailed Critical Path Method (CPM) Schedule and any revisions or updates.

16. The Consultant shall schedule submittals for review by MCIA in a manner that distributes reviews across time to avoid concentration of reviews in any discipline.

17. Whenever it becomes apparent during the current Progress Schedule Meeting or from the Progress Schedule itself that interim milestones, constraints, or submittal dates will not be met, the Consultant shall identify remedial actions through a Recovery Plan & Schedule, to be included as supplement/attachment to the Schedule Status Report. The Recovery Schedule shall be a separate discrete “break-out” schedule, which shall include activities as required to achieve the final milestones that will coincide with the approved Baseline Schedule. Prior to executing remedial actions, the Consultant shall immediately notify MCIA, and obtain approval before proceeding with same.

18. If original Baseline Schedule dates cannot be maintained, then the Consultant shall obtain approval from MCIA prior to incorporating any revised dates into the next Progress Schedule submittal.

19. The last updated schedule submitted shall be identified as the “Final Progress Schedule.” This schedule shall reflect the exact way the Contract was completed (including start and completion dates, activities, actual duration’s, sequences, and logic), and shall be signed and certified by the Consultant’s Project Manager and the Consultant’s scheduler as being a true reflection of the way in which the Contract was completed.

20. Deliverables:

a. Work Breakdown Structure Codes b. Baseline Schedule – draft and final c. Monthly Progress Schedule and Schedule Status Report d. Monthly Earned Value Analysis with Cost and Schedule Variance

e. Recovery Plan and Schedule, as required f. As-Built Schedule

21. In addition to routine reporting, the Consultant shall create and maintain an intra-project, password protected website through which MCIA and the Consultant can communicate and share data, drawings and reports rapidly and efficiently. This will help the Consultant operate proactively to both inform MCIA of emerging issues and facilitate rapid resolution to maintain schedule and budget. This system will also be utilized as the project’s file cabinet and for archiving all project documents and correspondence. The said system shall be compatible with the document control records management system outlined below.

22. Upon completion of the project or when directed by MCIA, the Consultant shall provide all data contained therein to MCIA using computer hardware storage approved by MCIA for incorporation into the MCIA computer network system.

a. Scanning documents in PDF-A format and indexing b. Posting of scanned documents for future retrieval c. Electronic notification to document recipients d. Maintaining and processing project documents provided by the originators e. Filing of original hard copies (if applicable)

23. Upon request by MCIA, the Consultant shall provide DCS personnel at a designated MCIA office to assist in the processing of documents uploaded into Document Management System. The Consultant DCS uploads shall occur, at a minimum, on a weekly basis to ensure that the Project Files on the Cloud Based Document Management System is current and adheres to NJ Transit’s Capital Programs Standards.

24. Deliverables:

a. Identification of appropriate support staff subject to MCIA approval. b. Monthly Project Records Submission Report c. Transference of ALL project records at Project closeout

Task 0.3 – Monthly Progress Reporting

1. The Consultant shall carefully monitor the progress of the Project during design and provide MCIA with Monthly Progress Reports. The approved schedules shall be used by the Consultant to ensure adequate planning, scheduling, management, and execution of the Project and to enable MCIA to evaluate Project progress and requests for payments by the Consultant. 2. The Consultant shall establish a system of monthly progress and cost control reports attached to monthly invoices. All Subconsultants employed shall be required to render invoices for the same general time periods that are utilized by the prime Consultant. Failure to submit the invoices in the prescribed manner will result in rejection of such invoices and returned to the Consultant.

3. Exceptions identified following MCIA invoice review must be resolved to MCIA’s satisfaction within two working days. Absent such resolution, disputed invoice amounts will be deducted from that invoice. The report as well as invoice(s) shall include a written description of current technical, budget and schedule status as well as a comparison of this information to the preceding month, project-to-date and projected future work efforts as applicable. Milestones, decisions made, issues and action items shall be highlighted. Any unanticipated delays or gains or cost adjustments driven by unforeseen circumstances should be discussed in terms of completing the overall project on time and within budget. The Consultant shall provide a summary of all invoice costs in a format depicting values as described in Attachment B.

4. The Consultant shall submit one (1) hard copy and one (1) electronic copy of the Monthly Progress Report to MCIA by the 7th day of each month that shall cover a reporting period for the preceding month. The Monthly Progress Report shall be submitted by the Consultant’s principal and shall include as a minimum the following:

a. A written review of the progress achieved for that month with specific reference to the activities detailed on the Baseline

Schedule and detailed progress on each stage of the design during the reporting period.

Details of any delays shall be specifically highlighted together with details of the Consultant’s actions/proposals for corrective action and schedule recovery. b. Areas of concern and proposed resolution. c. Per task, planned schedule percentage complete versus actual percentage achieved and earned value versus planned usage for each resource shall be computed in tabular format from the resource and price loading. An overall cumulative progress curve shall be plotted with the horizontal axis in calendar months. d. Comparative progress curves and histograms showing actual versus planned performance in respect to major activities as may be required by MCIA. e. A monthly update of the overall progress curve (or S curve) versus baseline progress curve. f. Updates of the Consultant's labor curve/table showing actual and planned labor, including Subconsultant labor. g. An up-to-date copy of the Delivery Submittal Schedule to MCIA. h. Other content as directed by MCIA.

5. A certificate signed by the Quality Manager certifying for the previous month that:

a. All work, including that of Subconsultants at all tiers, has been checked and/or inspected by the Consultant's quality staff and that all work, except as specifically noted in the certification, conforms to the requirements of the Contract. b. The QMP and all measures and procedures provided therein are functioning properly and are being followed, except as specifically noted in the certification.

2. Payment Procedures: This provision specifies the procedures for the Consultant’s submission of Applications for Payments under this Contract and

MCIA’s processing of those applications.

1. The Consultant shall bill monthly and be eligible to receive payment upon successfully achieving verifiable progress and compliance with the requirements of this provision and any other applicable provisions of the Contract. In case the Consultant’s monthly billing is less than $2,000, the Consultant may extend the monthly billing period to two or more months to achieve the billing efficiency.

2. The Consultant shall notify MCIA in writing that it has achieved verifiable progress and requests reimbursement in connection with said progress. MCIA shall ascertain whether the claimed progress has been achieved or not during the status review meetings and by review of valid Progress Reports as prescribed above.

3. Applications for payment shall at a minimum contain:

i. The Consultant’s name and address. ii. The remittance address or bank to which payment is to be made. iii. The Contract name or title and Contract number. iv. An actual invoice for the amount identified above plus any other amounts due the Consultant. v. The Consultant’s certifies that the amount requested is due and payable under the Contract and has not been previously invoiced or paid. vi. Certified Payrolls including timesheets. vii. Supporting documentation for all expenses incurred.

4. MCIA will promptly review the Consultant’s Application for Payment upon receipt for accuracy and conformance with the above and will prepare and issue a Payment certificate, with a copy provided to the Consultant, showing the amount payable by MCIA to the Consultant.

5. MCIA may, by any payment, make any correction or modification that should properly be made to any amount previously considered due and paid by MCIA.

6. Payments shall be released upon review and approval of the work and the review of the Consultant’s Application for Payment by NJ Transit

7. A payment issued by MCIA shall not be construed as waiving any rights of MCIA under the Contract or to be an acceptance of the Project or any portion thereof nor shall it relieve the Consultant from any requirement or responsibility under the Contract or from replacing or revising unsatisfactory work for which it is responsible.

3. Deliverables:

1. Monthly Progress Report 2. Monthly Payment Application 3. Monthly Quality Certificate 4. Final Invoice

Task 0.4 – Project Quality Management Plan and Quality Control

The Consultant shall, upon award of the Contract, submit for approval to MCIA a project specific Quality Assurance/Quality Control Program for all the services to be provided under this RFP. A Quality Management Plan will cover not only the Consultant but also all Subconsultants; the procedures will be uniformly applied to all phases of the project. The Quality Control plan requires the completion, checking, and correcting of work products before releasing them, to ensure accuracy, completeness, and ability to be understood by target audience.

1. The Consultant shall develop a comprehensive Quality Management Plan (QMP) for the Project in general accordance with the established guidelines of the FTA, which essentially follow article 4.0 of the ISO 9001:2000 and ISO 10013 guides. The QMP shall be an executable system of processes defined and established for the Project. As a minimum, the QMP shall include a Quality Policy and Procedures, and reference other plans as may be specified herein and elsewhere in the Contract.

2. The QMP shall be approved by the Principal-In-Charge in the Consultant’s 35

organization having primary responsibility for the Contract. The Consultant shall submit a draft within four (4) weeks of NTP, and a final within eight (8) weeks of NTP, incorporating comments from MCIA and other stakeholders as applicable. The QMP shall be revised, updated, and approved as necessary throughout the term of the Contract to reflect the management system being currently used as the means for executing the Contract.

3. The execution of the QMP shall be subject to MCIA audit throughout the term of the Contract.

4. Certification of the Consultant under ISO 9001:2000 is not required for this Contract; however, the quality principles established by ISO 9001:2000, as set forth herein, form the basis for the quality system and Quality Management Plan required to be established by the Consultant.

5. The quality standards applicable to the Project under the Contract include the following:

a. ISO 9001:2000: Quality Systems - Model for Quality Assurance in Design, Development, Production, Installation and Servicing. b. ISO 10013:2000: Guidelines for Developing Quality Manuals c. ISO 8402: 2000: Quality Management and Quality Assurance – Vocabulary

6. The QMP shall document how the Consultant will execute the project to assure that:

a. The Consultant’s design process translates MCIA’s needs and requirements into an acceptable design. b. The Project is properly completed and furnished to MCIA on time.

7. During the term of the Contract, the Consultant shall exercise positive control over the entire Project including the work of its Subcontractors and Subconsultants as described in the approved QMP.

8. The Consultant shall appoint an experienced, qualified Quality Manager trained in accordance with established quality management standards, requirements and regulations. The selection of this individual is subject to MCIA approval. The Quality Manager shall perform as the Management

Representative and shall:

a. Be responsible for implementing the QMP and shall have the authority to stop the Project. There shall be a clearly articulated Quality Policy approved by the Executive(s) of the Consultant and it shall be widely publicized and known throughout the project team. b. Report directly to the Consultant’s Project Manager or more senior employee. c. Have direct access to a senior executive at the Consultant’s firm. d. Be responsible for ensuring that the Quality System is effective in ensuring that all Contract requirements are satisfied. e. Have direct access to and by MCIA’s Quality Director.

9. An Internal Quality Management Review shall occur at least bimonthly. A report regarding the results of the review shall be forwarded to MCIA. Organizational and technical interfaces shall be defined in a manner that assures inter-discipline coordination and communication among and between designers and major Subcontractors and Subconsultants and MCIA.

10. The Consultant shall be responsible for conducting an ongoing quality program during the entire period of performance of the Contract based upon the QMP approved by MCIA. An effective quality program is fundamental to all work performed by the Consultant.

11. The purpose of the quality program is to effectively and economically assure technical quality in the design of the Project, thus reducing the potential for:

a. Adverse schedule and cost impacts b. A poor quality designs c. Poor quality products d. Personal and public safety problems

12. The Consultant shall establish and implement procedures to identify, collect, index, file, store and retrieve all quality records required by the Contract and generated pursuant to the Quality Management Plan and shall include the records of Subconsultants and Subcontractors, as appropriate. These procedures shall include an electronic database to track and 37

maintain control over all quality records generated by the Contract, which shall be part of the Records Management System and subject to data transfer to the MCIA NJ Transit system referenced above.

13. Quality records shall be stored and maintained in such a way that they are readily retrievable and provided with a suitable environment that will minimize deterioration or damage and prevent unauthorized alteration or loss.

14. Quality control records shall be legible, reproducible, and identifiable with the Item involved, and contain the date of origination and identity of the originator, verifier, and/or responsible supervisor.

15. The Consultant shall retain all quality records for a period of seven (7) years from the date of completion of the Project unless otherwise specified in the Contract. All quality records shall be made available to MCIA and NJ Transit throughout the retention period.

16. The Consultant shall establish a procedure for conducting internal quality audits throughout the period of performance of the Contract as follows:

a. Perform internal audits at least quarterly. b. Identify in the audit any deficiencies found in the quality system, the causes of deficiencies and the status of corrective action or preventive action, when appropriate. c. Provide the audit results to MCIA within five (5) days of the completion of the audit, including required corrective actions. d. Provide a final report to MCIA confirming the completion of required corrective actions within thirty (30) days of the audit.

17. Deliverables:

a. Project Specific Quality Assurance/Quality Control Plan b. Quality Management Plan c. Internal Quality Management Review reports d. Audit Reports e. Report of Completion of Corrective Actions

Task 0.5 – Project Design Control 38

1. The Consultant shall develop a Design Control Plan (DCP), establishing design control procedures that shall be integrated and consistent with the requirements described throughout this RFP. The Plan shall visibly track and report the status of design products to be submitted by the Consultant for MCIA review. The Consultant shall revise, update, and submit for approval the Plan as required. The Plan shall:

a. Define procedures for completing internal verification prior to the submission of documents to MCIA for its review. Design Verification Activities shall include checking and back-checking calculations, drawings, and other design elements without reliance on review and comments from MCIA and shall be conducted before providing each design submittal to MCIA. b. Define how design inputs and changes shall be managed by the Consultant in a manner that assures Contract and Consultant requirements are correctly translated into the drawings and specifications. c. Include a Design Review Schedule which shall be revised as needed as the design progresses. d. Be consistent with and follow from the Quality Management Plan and shall specifically track all design and design verification activities included in the approved Quality Management Plan. e. Be in a format that allows the Consultant and MCIA to reasonably understand how each design element of the project is being completed. It shall provide planned versus actual schedule performance and be accurate and useful as a means for MCIA to determine how the design is proceeding throughout the design phase of the Project. f. Include subcontracted design elements, if appropriate.

2. The Consultant is reminded that it shall be liable to MCIA for any costs incurred during the Construction Phase to correct, modify or redesign any drawings completed by the Consultant that are later found to be defective, or not in accordance with the provisions of this agreement as a result of any act, error or omission on the part of the Consultant or its agents, servants or employees. The Consultant shall be given reasonable opportunity to correct any deficiencies at no additional cost to MCIA. 39

3. Deliverables:

a. Design Control Plan

Task 0.6 – Project Configuration Management

1. The Consultant shall be responsible for configuration management and document change control for its design for the duration of the Project. The Consultant shall prepare and submit to MCIA for its approval, a Configuration Management Plan (CMP), which can be a part of the Project Management Plan (PMP), which is in accordance with the requirements of ISO 10000. The CMP shall utilize a proven, auditable electronic based configuration management system to its design of the Project. Configuration management of drawings, specifications, documents, reports and analyses is the responsibility of the Consultant.

The Consultant shall maintain document change control, including engineering plans, drawings and specifications and shall update all project documents as the design progresses. Configuration management shall provide an accurate historical record that can trace decisions made throughout the life of the Project. 2. The Consultant shall develop and maintain a Contract Documents Log created in an electronic data base format acceptable to MCIA for MCIA’s review and approval. The Log shall list all design drawings, specifications, design calculations, analyses, reports and other documents to be prepared by the Consultant. Only one (1) version of a document may be effective at any one time. The Log shall function to keep a history of each document created by the Consultant and its evolutionary status. The Log shall form an integrated part of the Records Management System.

3. At the end of the Project, the Consultant shall provide MCIA in electronic format, a complete configuration management history, fully documenting all required project information, including the final revision status of all design elements that will allow for the progress of the Project design to proceed.

4. Deliverables: 40

a. Configuration Management Plan – draft and final b. Contract Document Log

Task 0.7 – Project Meetings

1. This provision specifies the requirements for project meetings to be held during the term of the Contract. The Consultant shall attend and participate in the meetings set forth herein with MCIA, its representatives, government officials or other parties interested in the Project as may be determined by MCIA.

2. The Consultant shall prepare a record of the meetings stating: the date and place, meeting purpose, names and titles of those present, a brief description of the matters discussed, agreements reached/decisions made, action items and the party responsible for taking the identified action. Meeting minutes shall be prepared and provided within seven (7) Calendar Days from the meeting date to MCIA for review and comments.

3. Final meeting minutes shall be issued to all appropriate parties within fourteen (14) Calendar Days of the meeting date.

4. MCIA will schedule a kickoff meeting with the Consultant within ten (10) Business Days of issuance of the Notice to Proceed for the Contract. The purpose of meeting will be to review the parties’ responsibilities, major project milestones, procedures and submittals and personnel assignments. This meeting will be chaired by MCIA and be attended by representatives of MCIA, all key personnel identified by the Consultant and all major Subconsultants proposed by the Consultant. Agenda items shall include:

a. Consultant’s personnel roster b. Confirmation of all Subconsultants c. Consultant’s project schedule, WBS, critical paths and major milestones d. Project Management Plan e. Design Management Plan

f. Interface and Integration Management Plan g. Configuration Management Plan h. Quality Management Plan, including quality documents & records to be generated i. Procedures for processing design decisions and approvals j. Procedure for processing applications for payment k. Mobilization Issues

5. The Consultant shall conduct monthly progress meetings with MCIA on a regularly established date, convenient for all parties involved (or more frequently if deemed necessary by MCIA). Progress meetings shall be held in addition to other specific meetings held for other purposes. The meeting shall address technical and administrative issues of concern, determine courses of action, develop appropriate deadlines for resolution of issues, and assign individuals responsible for resolution of those issues. The Consultant and MCIA will determine who, in addition to themselves, shall attend the meetings. Additional attendees may include other parties as deemed appropriate for the success of the Project.

6. Agenda items shall include matters of significance that could affect progress such as:

a. Review of the previous meetings minutes and resolution of open items. Consultant’s project schedule. b. Requests for information and/or approvals. c. Changes d. Invoices and Payment Procedures

7. Status meetings shall be held prior to the submittal of the Consultant’s Application for Payment. The purpose of the meetings is to determine that the status of activities as stated in Consultant’s Monthly Progress Report and Progress Schedule. This meeting will be attended by MCIA and the Consultant. MCIA disposition on the matter will be documented. The Consultant shall prepare meeting minutes.

8. Deliverables:

a. Kickoff Meeting Minutes b. Other Meeting Minutes 42

Task 0.8 – Project Risk Management

1. The Consultant shall conduct a risk assessment and management process that shall, at a minimum, contain the following elements:

2. Preliminary Risk Identification – The Consultant shall develop a preliminary list of all risks (threats or opportunities) that currently exist. The risks shall be Recorded on the Risk Register. The preliminary Risk Register shall be submitted to MCIA for review.

3. Assignment of Roles and Responsibility - The Consultant shall assign roles and responsibility for each identified risk on the risk Register.

4. Preliminary Workshop – The Consultant and MCIA shall meet and review the preliminary Risk Register. The Risk Register shall be refined to add or remove risks. Preliminary discussions shall include who should own the risk and possible mitigation strategies.

5. Draft Risk Register – The draft Risk Register developed at the preliminary workshop with MCIA shall be sent for review two (2) weeks before the Risk Workshop.

6. Risk Workshop – A risk workshop shall be scheduled and include a facilitator supplied by the Consultants. Smaller working groups of four (4) to six (6) participants shall be established. Each working group shall be assigned specific risks to review, evaluate, assign ownership, perform a qualitative analysis and develop mitigation strategies. Each working group shall present their risks and findings to the entire team.

7. Risk Register – Following the meeting a composite Risk Register shall be developed that lists the risks in priority order, includes ownership and mitigation strategies, and cost and schedule impacts.

8. Risk Management Plan – The Consultant shall work with MCIA to develop the Risk Management Plan that includes identified and categorized risks, methodology and approaches, roles and responsibilities, budget, time frames, probability and impacts, schedule and cost implications associated 43

with each risk, and tracking. The Risk Register shall be circulated for review and comments each month and updated monthly to address comments. Risk is a dynamic aspect of every project and quarterly meetings shall be held with MCIA to update the Risk Register.

9. In addition to the format utilized by the Consultant, the Consultant shall also utilize MCIA’s document formats and requirements for Programmatic submittals developed in conformance with reporting to FTA. To maintain consistency, such requirements related to the Risk Assessment Reports and related submissions will be available to the Consultant after Contract award.

10. Deliverables:

a. Risk Management Plan b. Risk Register c. Associated meetings, minutes d. Workshop findings reports

e. Updates of the Risk Register following Project Progress Meetings f. Cost and schedule impacts with Quantitative analysis such as Monte-Carlo

Task 0.9 – Project Cost Management

1. Construction Cost Management: The Consultant shall prepare and update construction cost estimates at various stages of design or when requested by MCIA. The cost estimates shall be prepared in accordance with the current best practices and market trends. The Consultant shall document the rationale for unit prices with back up information for MCIA’s review. Any lump sum items provided in the cost estimate shall have detailed back up showing the make-up of the item and estimated quantity of each component of the make-up.

2. The Consultant shall coordinate with MCIA Project Manager in determining the proper contingency level at each phase to estimate more reliable budget for the Project. The estimates shall be calculated in current year dollars and then escalated to mid-point of construction. The cost estimate shall be prepared in the format consistent with the NJ TRANSIT - FTA guidelines.

3. The Consultant shall inform MCIA immediately upon discovering the major change in cost for the Project with back up justification for cost change. The Consultant shall utilize the products and features consistent with the goal and functionality of the Project requirements. Where multiple options are available, the Consultant shall coordinate with MCIA prior to selecting a product. This will allow MCIA to evaluate the cost benefit of the products and utilize the best value product to control the project costs.

4. Once the cost baseline is established in the early phase of the Project, the Consultant shall provide in his monthly progress report the cost variance, if any, to the project cost.

5. Design Cost Management: The Consultant shall establish the optimized cost and resource loaded CPM schedule at the beginning of the design phase based on the negotiated cost proposal. Once this baseline is established the Consultant shall take responsibility to review and track the spending for each task and ensure that the tasks are completed within established budget. As outlined in the task 1.04 above, the Consultant shall report any cost variances in his monthly reports. The Consultant and Subconsultant shall not exceed any Task budget or the overall project budget without formal written approval from MCIA.

B. PHASE 1 - Conceptual Design 1. The primary work elements include data collection, needs assessment, general conceptual layouts satisfying the needs and future growth, and the preparation of a Project Definition Report and a Feasibility Report. At this step it is expected that the consultant in working with the MCIA and NJ TRANSIT, will collect all the data required for the proper design of this project, including but not limited to track design including alignment, layout, plain line and switch and crossing 45

etcetera, platform design, signal and train control and switching requirements, scheme development, communication system requirements, mechanical and electrical system requirements, as needed for the project, overhead catenary design requirements, platform architectural design guidance to be provide at the Pre-proposal meeting. Up to Six (6) Design Alternates to be submitted to MCIA / NJ Transit for review. Civil, structural and Geotechnical design Parameters will be identified along with the necessary Environmental Investigations and Permit Requirements costs and timelines. 2. The Consultant shall submit at least 6 design Alternatives for the Platform for the Selected Scenario provided as part of this Solicitation. The Consultant shall prepare conceptual design and develop a project plan to advance the Phase 2 Preliminary design. This includes but is not limited to the foundation plans for the platforms, canopies, access ways and site work for incorporation into the Phase 2 Design effort. 3. MCIA may review and accept the Project Definition Report prior to conclusion of the EO 215 process. At the direction of MCIA, the Consultant may advance any preliminary design tasks in support of the EO 215 process. For the benefit of the Consultant the estimated timeframe for the EO 215 process is provided in the design schedule provided above. Upon conclusion of the EO 215 process, MCIA will provide a separate notice to proceed to advance the remaining work as deemed necessary by MCIA. Final Design will not be authorized until EO215 documents and required studies are complete.

Task 1.1 – Data Collection

1. The Consultant shall identify all sources of data, contact the keeper of the data and obtain all relevant data.

2. The Consultant shall research all identified sources, and MCIA and NJ TRANSIT for information relevant to the project and catalogue all pertinent documents and related information.

MCIA – NJ TRANSIT will share with the Consultant relevant Engineering and Planning information it possesses. MCIA / NJ TRANSIT cannot guarantee the accuracy of the information as it may be from NJ TRANSIT’s archives. Although reasonable efforts to locate specific relevant information within NJ TRANSIT’s archive(s) and file(s) will be made at the Consultant’s request, the Consultant is fully responsible for completing the scope of work described in this solicitation without the benefit of additional documentation provided by MCIA / NJ TRANSIT.

3. The Consultant shall have the lead in this Task and shall consider future commercial, residential, industrial or other real estate development in the work area, as well as existing conditions and coordination with other projects planned by MCIA and NJ TRANSIT that may affect this Project.

4. Deliverables: (within 30 days of NTP)

a. All Research Data b. Matrices

Task 1.2 – Right-of-Way (ROW) Research

1. In the Conceptual Design stage, the Consultant shall support MCIA in identifying properties that potentially may require acquisition of rights, temporary and/or permanent easements to complete the construction of the proposed new facility. The current owner name, block and lot numbers, deed book and pages, approximate lot size, any existing easement and other rights on the property shall be noted on the plans. The Consultant shall research the jurisdictional responsibilities for public roads, parks and other facilities and provide the results to MCIA.

2. The level of detail shall be sufficient to complete the conceptual design including feasibility studies. The Consultant shall work towards quantifying the limits of impacted properties based on the proposed infrastructure and staging areas, and determine whether properties must be acquired in whole, in part or if easements can be used.

3. At the conceptual design stage, potential property environmental issues based on screening using public documents shall be noted for the EO 215 process. See Initial Environmental Screening task below.

4. During the Conceptual Design phase, if MCIA is ready to acquire a parcel, MCIA will direct the Consultant to perform some of the Phase II tasks to support the Right-of-Way acquisition.

The Consultant shall be required to provide additional deliverables required in Phase II tasks supporting the ROW acquisition.

5. Deliverables:

a. Property files containing required information b. Potential Right-of-Way impacts with costs – Include with Report

Task 1.3 – Initial Environmental Screening

1. The objective of this task is to ascertain whether there are potential environmental conditions that may significantly impact possible site planning at the conceptual stage of design. These may include archeological and historic resources, environmental contaminants and hazardous substances, obvious wetlands areas, etc.

2. The Consultant shall investigate all possible environmentally sensitive sites. The Consultant shall utilize all relevant and required Potential Standard data sources for the investigation for a full and complete job.

3. The Consultant shall, using personnel qualified in environmental investigations, visit the potential sites to note visual evidences of possible environmental concerns. Visual evidence may include but not be limited to historic markers, electrical sub Platform capacity and equipment, old ruins of prior construction, water and wet areas, warning signs, etc.

4 The Consultant shall provide MCIA with a list of sewer designs and

discharge reviews and permits that need to be obtained from the municipal and regional sewer agencies. The Consultant shall also identify any required environmental operating permits, which may include air stack permits for HVAC and other facility equipment, UST registrations and NJDEP general stormwater permits, NJDEP stream encroachment, reforestation, stormwater management, freshwater and general wetlands permits and other permits that may be deemed necessary during the design phase. Estimated fees for each permit shall be noted.

5 In-depth investigation, analysis and mitigation planning, and

environmental

6. Deliverables:

a. The initial environmental screening findings - include with Feasibility Report

Task 1.4 - Conceptual Design

During this task, the Consultant shall first prepare a brief synopsis which summarizes and addresses the major considerations and design criteria for the various alternatives. Alternative recommended systems shall include a justification for the selected / proposed systems. Future needs of the East Bound Train Platform elements that have dependency on the West Bound Train Platform under current design such as foundation systems and elevator shafts that may be required for the future pedestrian bridge, elevator shafts for future use, utility systems, required to serve the East Bound Platform to be developed in the Future shall be addressed.

Some of the issues considered include, but not limited to, the following items;

1. Architectural Requirements: The facility shall be fully ADA compliant and shall promote easy transfer between modes of transportation.

2. Building Systems / Cost Estimates a) Platform Building Requirements b) Staffing Office Requirements c) The main areas of the Platform shall include: Waiting Area with fixed seating, Wall-mounted Customer Information Kiosks, Retail Kiosks, On-site ATM, Public Toilet Facilities, including Family Restroom and drinking fountains. NJ Transit Ticketing Offices and Break Room, Employee Restrooms, Utility spaces, IT Data Center, Fencing. 49

d) Electric Power / building house power • provide SCAN control for the Tracks • climate control for control room

e) Storage Capabilities f) Restrooms – Male and Female g) Breakrooms

3. Space Needs

4. Interior / Exterior Circulation

5. Building Finishes, various alternates and 3D rendering of concepts required with virtual tours.

6. Security Requirements such as baggage scanners, body screening, turnstiles, fencing, etc.

7. All major Codes and Regulation Elements Affecting Design including, but not limited to;

a) NJDEP b) Flood Hazard – analysis and drainage report c) SHPO d) Wetlands e) Water Quality f) MUA – Sanitary Sewer Extension g) County h) Township i) NJDCA Requirements j) ADAAG k) SESC l) SCD m) Fire Protection n) Portable Water Supply o) Gas, Water, Electric, Telephone, Communications

8. Foundation Systems

9. Structural Systems

10. Communication Systems

11. Building Envelope (including roof systems)

12. Sizing of Building such as Foundations and Elevator Shafts and other dependent systems to accommodate the Future East Bound Train Platform.

13. Electrical Systems – Recommended Standards / Systems for such items as;

a) Access Control b) Multiple Power Feeds for equipment c) Standby Power Systems and Generator Design

d) Site Sub Platform and Electrical Distribution System Design e) Site Lighting Levels • Exterior Platform, Site Lighting, and Track Lighting as needed. • Interior Lighting Levels f) System Control and Monitor g) Electrical Charging Platforms for vehicles and/or equipment if required. h) Electrical and Mechanical Room

14. Electronics and Communications a) Telephone b) Public Address c) Internal Communications d) Other electronic systems

15. Fire Protection a) Sprinkler System b) Fire Alarm System c) Other Fire Detection and Suppression Systems

16. Signal Power a) Road diagrams b) Signal blocks c) Aspects

17. Electric Power a) Electric Services and Distribution System; Design a new 3- phase, 4-wire surge-protected electrical service into the New Platform from the utility company. Design shall include step- down transformers of adequate capacity for all equipment requiring 208/120V power supply including Fire Detection System.

18. Mechanical Systems (Recommended Standards for All Mechanical Systems, including but not limited to; a) HVAC b) Fire Lines and Domestic Water c) Storm Drainage d) Roof and Floor Drains e) Sanitary Drains f) Access Control Ventilation, Makeup Requirements, and Air 51

Changes Minimum (Winter) and Maximum (Summer) Design Temperatures by Functional Areas g) Treated Air Curtains (if Recommended)

19. Site Improvements (Recommended Necessary Concepts Required Meeting Acceptable Standards or Aesthetic Levels Related to; a) Pavement Structure b) Storm Drainage (Terminal Roof Runoff / Detention)

c) Security / Lighting (Exterior) d) Landscaping e) Grading f) Site Improvement Structures g) Retaining walls – if needed and as required

20. Track work; All design requirements shall include the necessary designs required for the Delco Track 5 & Delco Track 6, sidings, switches, turnbacks. All design activities shall be completed in full compliance with NJ Transit requirements. a) Horizontal Alignment Designs b) Vertical Alignment Designs c) Cross Sections

21. Signals a) Design with operations plan and options (such as electric switches) b) Delco Track 5 and Delco Track 6 signal system to accommodate the crossings and turnbacks.

22. Once the project parameters have been defined and agreed upon, the Consultant shall develop up to six (6) conceptual plans for MCIA’s consideration. Each concept plan shall consist of at least two (2) sheets; a) One dedicated specifically to the buildings, including its interior layout, external elevations, and exterior treatment concepts. 3D Virtual Tours of each Alternate Required. b) The second shall address the site as a whole and address such issues as track layout, landscaping, building location, yard lighting, parking, circulation and associated needs (i.e. sidewalks, maintenance equipment, pathways, etc.) and confined space locations. 3D Virtual Tours Required. Full Wayfinding Signage Package shall be provided.

23. The finalization of the project definition criteria and concept plans shall be determined through the iterative process by MCIA NJ Transit and will serve as the basis for all future design work. At this point, the Consultant shall develop a preliminary cost estimate based upon the selected concept plan. 52

24. Deliverables;

a) Up to six (6) conceptual plans shall be prepared as needed to represent the viable alternatives and shall be presented to MCIA with the pros and cons of each concept. All concepts shall involve the scenario included in this RFP.

Task 1.5 - Project Definition Report

1. With the information gleamed from the conceptual synopsis of the work required to be undertaken, the Consultant shall prepare a Project Definition Report which shall formally document the design parameters including the applicable codes affecting the design of the project.

2. Space needs, by function, shall be confirmed using NJ TRANSIT standards, industry standards, and interview with NJ TRANSIT Rail Operations, Tabulate this data and submit to MCIA for approval. The space program shall be based on comprehensive interviews and shall identify and confirm:

a. Functional areas of Platforms, Platform Architectural Design. b. Requirements for offices, passenger access, baggage screening. c. Requirements for restrooms and break rooms. d. Requirements of future electric charging Platforms. e. Requirements for Electrical Work. f. Requirements for communications and signaling systems. g. Requirements track design, catenary design, switching and train control systems.

3. Interior and exterior circulation flows for people, vehicles and materials shall be studied in the form of flow diagrams and adjacency plans prepared to scale and representing the operations, workflow and space needs of the facilities

4. Operations and workflow shall be reviewed to assure that the concept plans reflect an efficient functional utilization of personnel. The resulting plan shall be reflective of workflow diagrams with spaces and functions sized and arranged to realize the optimum efficiencies.

5. The functional relationships of the service and maintenance functions shall be carefully considered to avoid conflicts, while at the same time dovetailing maintenance onto the facilities where it most efficiently supports the service

mission. This process shall make extensive use of the experts on the design team actively supporting MCIA operations and engineering staff to determine the appropriate relationship for this specific facility.

6. Siting of the rail maintenance facility shall consider the efficiency of function, traffic impacts, separation of heavy vehicular equipment and auto circulation, lines of sight within and from off site, urban design opportunities, landscaping and permitting requirements, and employee parking requirements.

Draft Project Definition Report

1. The criteria to be used in the design of the new facilities must be developed for MCIA – NJ TRANSIT approval.

2. The Consultant shall prepare a Draft Project Definition Document to include space program and criteria resulting from MCIA - NJ TRANSIT review meeting, and on-site observations. The Draft Project Definition Document shall include information on staffing levels, current and projected operations, a narrative of daily operations, site requirements, and specific requirement for each functional area. The Project Definition Document shall also identify preliminary functional requirements for building systems including architectural, structural, mechanical, electrical, communications, roofing flooring, and plumbing etcetera

3. The Consultant shall establish functional area relationships both between areas and between workPlatforms within areas. Primary considerations to be industrial workflow , supervision, and safety. Diagrams showing these relationships shall be included in the Design Criteria Document.

4. The Consultant shall submit Draft Project Definition Document for MCIA review and approval.

5. The Consultant shall submit Draft Project Definition Document for MCIA review and approval.

Alternative Conceptual Plans

1. The potential alternatives to meet the requirements established above shall be identified.

2. The site layouts shall be developed with emphasis on:

a. Circulation patterns for vehicles, equipment, materials and personnel that will provide the most efficient, cost effective, and safest maintenance operation.

b. Ingress and egress routes which maximize safety, security and minimize vehicular and pedestrian conflict on and off the site c. Site area relationships.

3. The facility layouts shall emphasize:

Waiting Facility Platform Height and Design Standard Platform - Accommodations, access and Canopy Auto Pick up and drop off areas ADA Requirements Transit and Taxi Uber Lift stop On site circulation Platform Signage Way finding signage Electronic Ticketing and Kiosks Security and baggage screening systems Bicycle Racks Fencing and Sound Walls LEED Certification Other Facilities and Design Elements Circulation patterns for vehicles, commuter, and personnel and their relation to site circulation patterns. Functional area relationships both between the various areas.

4. Assist in developing an initial cost estimate based on the selected Conceptual Plan.

Final Project Definition Report

1. The Finalization of Project Definition and concept plans shall be determined through interactive process by MCIA and will serve as the basis for all future design work. It will be required at this point for the Consultant to develop a preliminary cost estimate for the preferred alternative concept plan.

2. The Consultant shall review comments from MCIA on the draft Project Definition Document.

3. Comments received from the staff and modifications that resulted 56

from the on-site design process shall be incorporated.

4. The Consultant shall update the space program to be consistent with the Conceptual Design.

5. The Order-of-magnitude cost estimate shall be updated

Conceptual Design Quality Control

1. The Consultant shall coordinate operational and equipment related functional requirements during development of the Conceptual Design. Items to be addressed include:

a. Clearances shown in building sections. b. Modifications to the Concept Design due to structural / architectural requirements. c. Turning radius, queuing spaces, and circulation. d. General pit design and access requirements.

2. The Consultant shall review the site and facility layouts for compliance with the approved design criteria and operational/maintenance concepts.

3. Deliverables:

a. Draft Project Definition Document – with order-of- magnitude cost estimate b. Final Project Definition Document – with updated order- of- magnitude cost estimate c. Twelve (12) copies of each

4. The Project Definition Document shall include an Executive Summary.

Task 1.6 – As Directed – Conceptual Design

1. The Proposer shall include in its Proposal 250 hours as an allowance in addition to the hours necessary to complete all the work previously described, to be used at the sole discretion of MCIA. The Proposer shall not charge any time against this task, unless explicitly authorized in writing to do so by MCIA. 57

C. PHASE 2 - Preliminary Design / Engineering

Task 2.1- Site Inspection, Inventory, Survey and Base Mapping:

The Consultant shall research, collect and review all existing documents relevant or pertaining to the specific site and conduct field inspections of all areas anticipated to be impacted by the project. The Consultant shall also identify any easements within the property.

The Consultant shall supplement aerial survey with ground surveys as necessary. The Consultant shall prepare base maps at appropriate scale(s) required to produce accurate designs, to support proposed easements, property acquisitions, to prepare Preliminary drawings and engineering reports, as well as being sufficient for final design. The survey and base mapping shall be performed in accordance with the current industry standards, NJDOT guidelines, and Laws of State of New Jersey for survey and mapping.

The project horizontal and vertical datums shall be NAD 83 and NAVD 1988 respectively. The Consultant shall memorialize the primary and secondary project control in a Survey Control Report. The Survey control report shall include a narrative description of the survey methodology, preliminary and final control traverse adjustments and tie sketches for each horizontal and vertical control point.

1. All surveys shall be of sufficient detail to facilitate the preparation of complete location plans, site plans and design plans, profiles, specifications and complete contract documents. The area to be surveyed is approximately defined as illustrated in Appendix A. If the consultant identifies additional areas which must be surveyed, such areas shall be approved by MCIA.

2. If appropriate, the Consultant shall review all pertinent existing information and perform all necessary field measurements to identify areas throughout existing facilities which are not accessible under existing ADA and/or barrier-free regulations. The Consultant shall also identify any aspects of existing facilities whose accessibility may or may not be in compliance, or may or may not need to be in compliance, and recommend to MCIA further actions based on the then current interpretations of ADA guidelines, or expected changes in the guidelines.

3. The Consultant shall limit inspection work to the areas necessary for the performance of such inspection and shall not interfere with the operation of the railroad without first obtaining specific approval from NJ TRANSIT & AMTRAK. The Consultant shall coordinate with MCIA Project Manager - NJ TRANSIT / AMTRAK to obtain flag protection from NJ TRANSIT / AMTRAK, as needed.

During all periods of time when not performing operations at the work site, the Consultant shall store all equipment being used for the inspection in pre- approved areas and shall provide all security required for such equipment. The consultant shall not permit any objects or pieces of equipment to lie unattended on sidewalks, roadways, passageways, corridors, stairways, platforms, or structures at any time.

4. Survey work shall be performed at the site only between the hours of 7:00 AM and 3:30 PM, Monday through Friday, unless otherwise directed by MCIA.

5. The Consultant shall submit copies of completed field findings on inspection reporting forms (which will be provided by the Consultant and approved by MCIA) and meet with MCIA / NJ TRANSIT staff to discuss those findings. The Consultant shall also identify any additional data needed for determination of existing site conditions which affects design, and perform the necessary activities to furnish such data. The Consultant shall notify MCIA of any existing non-code compliant conditions.

6. Deliverables (to be submitted within 45 Calendar Days of the completion of the survey):

a. Site Inspection b. Inventory Report and Surveys c. Base mapping with data at appropriate scales(s) d. Native AutoCAD files as requested by MCIA e. Survey Control Report f. General Property Parcel Map at appropriate scale(s) g. Metes and bounds descriptions for the property h. Twelve (12) copies of each

Task 2.2 – Utility Investigations

1. Using the available existing data as a starting point, the Consultant shall

identify all existing and proposed public and private utilities within and immediately adjacent to the site. The Consultant shall locate all types and sizes of utilities, including mains, high pressure lines, aerial transmission lines, fiber optic banks, etc. The Consultant shall prepare mark-ups and contact local utilities to request a verification of mark-ups of existing utility facilities.

The level of detail shall be sufficient to complete the conceptual design, including feasibility studies. The Consultant shall work towards quantifying the limits of impacted utilities based on the proposed infrastructure and staging areas, The Consultant shall identify the locations of possible utility impacts or conflicts resulting from the feasible conceptual designs and estimate the required mitigation costs at a conceptual, feasibility study level (such as for relocation or temporary support).

2. The Consultant shall share all utility engineering information with others as required by MCIA / NJ TRANSIT.

3. Deliverables: (within 50 Calendar Days after completion of Survey)

a. List of all area utilities with contact information b. Potential utility impacts with order of magnitude mitigation costs – Include with Feasibility Report

Task 2.3 – Initial Geotechnical Investigations:

1. The Consultant shall develop a geotechnical investigation program to acquire information and data that may aid in the development of design alternatives. The geotechnical effort shall determine subsurface and soil conditions to be considered in the final design of the project. The Consultant shall examine any existing subsurface and soil information, perform soil sampling, borings and laboratory tests for soils along the right-of-way, as required to establish design values.

2. An outline of the geotechnical work including sampling methods, number and locations, tests and schedules shall be submitted to MCIA for approval prior to the initiation of the detailed investigation.

3. All test boring samples shall be inspected by a archeological Subconsultant to determine the possible existence of archaeological significant artifacts. Soils testing should also be coordinated with this task as part of the

environmental investigation

4. Deliverables:

a. Geotechnical Report that includes field and laboratory data and provides recommendations and design parameters for track work and structures A preliminary geotechnical design to assess foundation costs – include with the Feasibility Report b. Twelve (12) copies each

Task 2.4 - Environmental Investigations / EO 215 Requirements. NOTE: The MCIA does not anticipate using NJDOT or other Federal Transit Funds for the design or construction of this Project. NEPA EFFORT EXCLUDED AT THIS TIME.

3. The Consultant shall, using personnel qualified in environmental investigations, visit the potential sites to note visual evidences of possible environmental concerns. Visual evidence may include but not be limited to historic markers, electrical subPlatforms and equipment, old ruins of prior construction, water and wet areas, warning signs, etc.

4. The Consultant shall provide MCIA with a list of sewer designs and discharge reviews and permits that need to be obtained from the municipal and regional sewer agencies. The Consultant shall also identify any required environmental operating permits, which may include air stack permits for HVAC and other facility equipment, underground storage tank registrations and NJDEP general stormwater permits, NJDEP stream encroachment, platform, stormwater management, freshwater and general wetlands permits, Freehold Soil and other permits that may be deemed necessary during the design phase. Estimated fees for each permit will be 61

noted. 5. In-depth investigation, analysis and mitigation planning, and environmental permitting will be required under a separate task in other phases of work.

6. Deliverables:

a. Initial environmental screening findings – include with Feasibility Report.

7. Environmental work to be prepared by the Consultant’s (Environmental Services Unit) or its designated Licensed Site Remediation Professional (LSRP) includes:

a. Executive Order 215 b. Archeological & Historical Investigation / Mitigation c. Preliminary Subsurface (Soil / Water) Sampling and Analysis – Remedial Action Work Plan and a USEPA approved Self Implementing PCB cleanup plan

8. Environmental work to be prepared by the Consultant includes:

a. Regulated Hazardous Material Sampling and Identification IF REQUIRED b. Land Use Permits and Drainage / Stormwater Management

9. The Consultant shall prepare a remedial construction design based upon work to be prepared by Consultant designated LSRP as indicated below. The remedial design shall incorporate all requirements of the Remedial Action Work Plan and shall integrate remedial construction staging with site civil work staging.

a. Executive Order 215 Requirements: (By CONSULTANT LSRP) b. Archeological & Historical Investigation / Mitigation: (By CONSULTANT /LSRP) c. Preliminary Subsurface (Soil / Water) Sampling and Analysis: (By CONSULTANT / LSRP) d. Regulated Hazardous Material sampling and Identification (IF REQUIRED): i. Efforts in this subtask will be required for all projects involving existing facility expansion, renovation, rehabilitation or demolition. 62

ii. The Consultant shall engage a qualified environmental firm to survey designated project areas in order to determine and quantify the presence of regulated and hazardous Material. This survey work shall include:

A. Collection of samples of materials suspected or likely to contain Regulated Hazardous Material B. Analysis of those samples in a state-certified laboratory; and, C. Preparation of a report indicating the presence or absence of such hazardous materials.

iii. Subsequent to the analysis, drawings shall be prepared indicating:

A. All areas surveyed; B. All areas containing Regulated Hazardous Material with associated quantities shown.

10. Deliverables:

a. Survey report: Provide written graphic report and accompanying plans outlining the findings of the conditions survey, twelve (12) copies. The report shall include, but not is not necessarily limited to:

i. Field inspection findings; ii. Testing methodology employed; iii. Regulated Hazardous Material survey report (IF REQUIRED); iv. Recommended abatement or encapsulation methods

b. Abatement Specifications: If the survey confirms the presence of any Regulated Hazardous Material prepare and submit nine (9) sets of Regulated and Hazardous Material abatement

specifications.

i. Technical requirements and abatement specifications for regulated Hazardous Material shall be in accordance with the Appropriate Hazard Abatement Subcode (

ii. Technical requirements and abatement specifications as well as per applicable regulations of the NJDEP

11. NJDEP Land Use Regulation Permits, Soil Erosion Plan Certification and Drainage / Stormwater Management

a. The Consultant shall obtain all applicable Land Use and Soil Erosion permits for the project including but not limited to the following items that have been detailed in this RFP.

Environmental Constraints - The Consultant shall review the conceptual design and other readily available resources including the NJDEP flood hazard area mapping and the GIS data records to prepare an environmental constraints map addressing wetlands and any local flooding issues. The Consultant shall schedule and attend pre-application meeting with the NJDEP Land Use Regulation’s Bureau of Urban Growth and Redevelopment to present the site information and discuss the details of the project, the environmental constraints and the Land Use Program’s permitting issues that will need to be addressed in the NJDEP application process. This effort will also be cross referenced with NJDEP, and the other efforts by CONSULTANT/ LSRP related to, this scope that will address historic preservation, archaeological investigations and documentation as noted in the NJDEP Land Use Regulation Program (LURP) form.

b. NJDEP Flood Hazard Area Permit – The Consultant shall determine if an individual Flood Hazard Area Permit (FHA Permit) may be required to construct the Project. If determined necessary, the proposal shall include the following work:

i. Prepare an alternatives assessment to show why the facility must be sited at the proposed location and to justify the proposed Building is being situated within the bed of a flood zone area to meet the railroad operational needs if 64

necessary.

ii. The documentation for the permit shall also include the hydrologic and hydraulic calculations to demonstrate the project impacts and how the design shall comply with the NJDEP rules, or how the project will mitigate the impacts.

iii. The Consultant shall plan on accessing and surveying the off-site properties upstream and downstream of the right- of-way to support any required hydraulic calculations.

iv. A riparian zone impact assessment and mitigation plan to replant vegetation removed for the site development.

v. Provide zero net fill calculations of the proposed improvements.

The Consultant shall apply for any hardship waiver, and prepare any supporting document where it is determined that the project or its impacts may not comply with the NJDEP rules and regulations.

vi. An allowance of $50,000 is to be provided in Task 2.13 - As-Directed Assignment; should it become necessary to prepare conservation easements on other lands that are impacted by increased flooding or if additional surveying of stream cross sections is required beyond the 500-foot distances from the right-of-way.

vii. Use the Local Flood Hazard Area Mapping for this area as a reference for the level of effort that should be assessed in determining the regulatory limits of the Flood Hazard Areas. c. NJDEP Freshwater Wetlands Permit: The Consultant shall undertake an investigation to determine the presence of any wetland areas on the site. If any such areas are found, the Consultant shall determine the requirements for obtaining an individual wetlands permit from either state or federal regulatory agencies, and shall take all actions as are necessary in order to secure such a permit. 65

d. Drainage and Stormwater Management: The conceptual plan does not provide any details to address stormwater detention and management for any new impervious conditions on the site, and any disturbed areas that NJDEP will consider new development. The work under this scope will address current NJDEP stormwater management requirements including all designs and plans. The design and the drainage calculations for the project site, including impacts on receiving water bodies, shall be included as part of the FHA Permit application for NJDEP review and approval. This effort will include consideration of above and/or underground storage, porous pavement and other options to comply with the NJDEP requirements. It shall also include the preparation of any hardship waivers and their justification when stormwater management requirements cannot reasonably be attained in the design.

e. Any required necessary hydrologic and hydraulic calculations shall also be considered in the structural design effort of the MOW facility and its planned underground utilities.

12. Deliverables:

a. The Consultant shall prepare all necessary documents, process and obtain all applicable Land Use and Soil Erosion permits for the project including but not limited to the above noted items.

Task 2.5 - Preliminary Engineering and Design (10% to 30%)

Upon the conclusion of the Project Definition Report, and on the basis of decisions made in the previous tasks, the Consultant shall prepare Preliminary Design Documents. The Preliminary Design Documents shall serve to fix and describe the size and character of the project as to structural, mechanical, communication and electrical systems, equipment, schedules and other essentials as appropriate, and should represent a 30%level of design completion.

1. The Consultant shall prepare Preliminary Design documents and present 30% complete design. At a minimum, the following shall be included:

a. Site Design b. Grading c. Roadway d. Drainage e. Sanitary Sewer f. Water g. Electric h. Gas i. Lighting j. Hot Water k. Pavement l. Landscaping m. Communications lines (including fiber optic) n. site improvement structures o. Civil retaining walls, if required

2. Track Design, Traction Power Design / Electrical Design

a. The Consultant shall design the following items during preliminary design to successfully complete the project: i.) Overhead Contact System (OCS) ii.) OCS Foundations and Support iii.) Transmission Line Routing iv.) Electrical supply and lighting design v.) Coordination of power needs with other work and operations in the area. 3. Track Design:

a. The Consultant shall refine the track alignment design and establish limits of work, impact of disturbance on existing surfaces and facilities, and limits of embankments and excavations. The Consultant shall establish and design to the governing design criteria based on horizontal and vertical geometry requirements, special trackwork designs, operating speeds, and vehicle characteristics. The Consultant shall work with MCIA/ NJ TRANSIT to determine locations for special trackwork, interlockings, and auxiliary configurations. The vertical and horizontal alignments shall at a minimum consider the following during the preliminary design:i.) Conflicts with existing utilities, foundations, ii.) Turnouts and crossovers at merges with existing rail line.) operty impacts, grades, 67

clearances, impacts to operations and constructability, iv.) Clearance envelopes v.) VCheck clearances between tracks will allow for continued vehicular (maintenance and emergency) and pedestrian access to the terminal and yard facilities.

4. Civil Design

a. Train Platform Building Architectural Layouts b. Platform and appurtenances c. Interior Design d. Exterior Design e. HVAC f. Plumbing g. Security h. Fire Protection i. ADA Compliance j. Foundations k. Structure l. Roof m. Electrical n. Communications o. Telephone p. Facility Access Fall Protection

5. Railroad

a. Electric Power b. Track c. Lead Track d. Turnout Package e. Signals

6. Technical Specifications

a. Cost Estimate b. Schedule c. Technical Specifications

• Signals

All Signals shall be designed to Standards. Signal and PTC design shall meet AMTRAK standards.

7. Construction Staging

a. Early Railroad Relocation b. Environmental c. Phasing – coordinate construction with environmental work and maintain train operations within County yard facility, Jersey Avenue Platform and access to/from NEC tracks and Delco Lead improvements.

8. The Preliminary Design Drawings, Specifications, schedules and associated documents shall include at least the following information:

a. Cover Sheet b. Index of Drawings c. Site Drawings d. Track Alignment Plans, Profiles, and Cross Sections e. Signal Plans and Diagrams as may be required f. Utility Distribution Systems g. Architectural, Mechanical, Electrical and Plumbing Plans, Elevations, Sections, and other pertinent details h. Right-of-Way Plans i. Design Analyses, separately bound and labeled and sufficiently complete to permit review of: i. Structural analysis including foundation ii. Mechanical analysis, with line diagrams and utility room sections iii. Electrical analysis, with line diagrams and load 70

protection iv. Special features (e.g., acoustics, automated systems, communications, corrosion prevention, etc.) v. Building and site security (as applicable) j. Technical Specifications k. Statement of Estimated Construction Costs and Schedule (staging if appropriate) in sufficient detail (e.g., with quantity take- offs) so as to permit evaluation. l. Annual Maintenance Cost Estimate

9. Computer Aided Drafting and Design (CADD): Due to the many differing needs of MCIA and outside interested parties for review of specific elements of the Project, it will be necessary to reproduce the design documents. They will require enlargement, downsizing, modification, shown without certain elements, or with emphasis on certain elements. To facilitate these requirements, the use of computer-aided design and drafting (CADD) compatible with AutoCAD Release in use by MCIA.

10. Deliverables:

a. The Preliminary Design submission shall include Fifteen (15) copies as follows: a. Twelve (12) half-scale sets b. One (1) half-scale reproducible set c. Two (2) full-size sets b. One (1) electronic copy of the submission package uploaded to MCIA’s ECMS system c. Comment documentation sheet – Excel file d. A site / facility model (if requested by MCIA) and up to 4 artists conceptual renderings of the project.

11. Any comments and/or revisions generated as a result of the review process shall be incorporated during the Final Design tasks.

12. Permits:

a. The Consultant shall determine all applicable permits required for the Project and prepare appropriate applications and provide technical support to secure all permits and conditions. Consultant shall provide Permits Management (Tracking and Progress reporting) to coordinate and report on ALL required permitting.

The following permits and/or agencies should be addressed in a 70

Permits Management report:

a. NJDEP b. Flood Hazard c. SHPO d. Wetlands e. Water Quality f. MUA - Sewer Extension g. County h. Township i. NJDCA j. ADAAG k. SESC l. SCD m. Gas, water, electric, telephone, communications n. All other required Permits

b. Deliverables:

The below Permitting items shall be provided by the Consultant and approved by MCIA:

a. Summary (table) b. Description c. Timeline d. twelve (12) copies each

Task 2.6 – Detailed Geotechnical Investigations

1. Based on the preferred alternative from the EO 215 process, the Consultant shall develop and implement a comprehensive boring program and geotechnical investigation plan. The plan shall identify the locations at which additional subsurface information is required to ascertain the bedrock profile and quality of subsoils. The Consultant shall conduct the investigation and document the data and findings in a geotechnical report, providing an appropriate level of analysis as required to support final design, temporary support and underpinning design, and to determine constructability implications for all facilities and systems associated with the Project.

2. The Consultant shall develop a boring location plan that shall provide

information for design and construction. Follow these general guidelines:

a. Take eight borings per each planned building footprint spaced equidistance b. Take additional boring at every 50 to 75 feet along the length of planned retained earth structures. c. Take additional borings at locations where additional, critical facilities are planned such as parking structures, fueling facilities, parking lot

3. The Consultant shall develop a plan for performing laboratory testing of representative samples from the borings.

4. The Consultant shall conduct the boring and laboratory testing based on the approved plan. The Consultant shall implement the plan, conduct the testing, and prepare a report of results. The program shall include:

a. Hiring a qualified drilling contractor (minimum three (3) bids required) b. Monitoring of field work c. Collecting, cataloging and storing samples and rock cores. The Consultant shall be responsible for the storage of all soil and rock core samples.

5. The Consultant shall provide a site-specific seismic analysis of the project site to assess the seismic characteristics for the site, anticipated earthquake levels, potentially dangerous geotechnical phenomena (e.g. fault movements), soil liquefaction potential and landslides, as appropriate.

6. The Consultant shall prepare a comprehensive geotechnical report including foundation recommendations and seismic considerations. The report shall include boring logs, subsurface soil profiles, and analysis for each geologically discrete project element.

7. Deliverables:

a. Geotechnical Investigation Plan, Boring and Testing Program b. Boring Plan and Profiles c. Geotechnical Report, with boring logs and analysis for each geologically discrete project element – within 210 days of the

issuance of Notice to Proceed for the Preliminary Design.

Task 2.7 – Supplemental Survey

1. At the preliminary design stage, the Consultant shall supplement survey information from the conceptual stage as required.

2. Results from the EO 215 process may require additional survey data to be collected.

3. Update base maps for use in preliminary design documents.

4. The Consultant shall provide survey support to the geotechnical investigation, utility relocation and environmental subsurface investigation programs.

Task 2.8 – Right-of-Way Engineering

1. Based on the preferred alternative and site selection, the Consultant shall identify right-of-way requirements for the project. The Consultant shall work towards quantifying the limits of impacted properties, determine the acquisition needs (full taking, partial taking, permanent easements, temporary easements, etc.).

2. The Consultant shall conduct title and deed search, prepare meets and bounds descriptions, prepare final General Property and Parcel Map (GPPM) and Individual Property Parcel Map (IPPM) to aide in appraisal and property acquisition process.

3. The Consultant shall maintain files on all affected properties and include all relevant information as directed by MCIA / NJ TRANSIT. The Consultant is not required to perform appraisals for or to acquire the properties.

4. The Consultant shall review the findings of the EO 215 Consultant of historical reviews of the affected properties that determined the dates of use, duration of use, and purpose of use. For Partial Takes, damages to the remainder shall be estimated, as well as costs-to-cure and costs-to- develop, for estimating possible future settlement amounts.

5. The Consultant shall prepare all deliverables in compliance with the codes

and regulations of the relevant jurisdiction or governing eminent domain authority. The Consultant shall utilize the New Jersey Department of Transportation Right-of-Way Manual and other pertinent guidance in preparation of the Right-of-Way plans.

6. The Consultant is required to prepare Property Acquisition Environmental Cost Estimating (PAECE) reports and Construction Remedial Cost Estimates. At a minimum, the Consultant shall perform the following as part of the PAECE process:

a. Perform due diligence by implementing a Preliminary Assessment (PA). This is the first step required to assess whether a property is contaminated; b. Identify Areas of Environmental Concern (AOC) through PA and Site Inspections; c. If AOCs are present, a Site ·Investigation (SI) may be required to investigate the nature and extent of contamination at the property. d. The SI typically requires sampling and analysis of the AOCs, including, but not limited to, soil, groundwater, building interior, drums, containers, unknown tank contents, surface water and sediments, ecological receptors, and historic fill material. A property-specific Sampling and Analysis Plan (SAP), identifying sampling locations and the proposed beginning date of the field activities, shall be submitted to MCIA for remittance to the property owner. Identification of potential Regulated Hazardous Material including polychlorinated biphenyl (PCB) ballast and transformers (that may affect property decontamination and demolition) shall also be performed. e. Identify possible remedial alternatives, including appropriate/required land-use restrictions based on the highest and best use of the property; f. Select the most appropriate remedial alternative(s) and prepare an estimate of the remedial cost that the property owner would incur to comply with applicable environmental regulations; g. Evaluate potential impact of the proposed MCIA construction activities on the AOCs and the cleanup / remedial costs;

7. For each required site, the Consultant shall input all relevant data into

NJ TRANSIT’s PAECETRAK real estate record data management system. The Consultant shall provide staff and equipment support as necessary to maintain such records and data. Details regarding the PAECETRAK Data Management System will be provided upon execution of the Contract.

8. Deliverables: Due with 30% preliminary design

a. Property Files, consistently containing all required information b. Individual Property Parcel Maps, with metes and bounds descriptions c. General Property Parcel Maps d. Preliminary Assessment Report e. PAECE Report – Draft and final; includes SI results, remediation alternatives and corresponding Construction Remedial Cost Estimates.

Task 2.9 – Utility Engineering

1. Update the utilities information collected and documented at the conceptual stage. The Consultant shall identify all existing and proposed utilities within and immediately adjacent to the site. The Consultant shall identify the locations of possible utility impacts or conflicts resulting from the project and determine the required improvement/relocations. The Consultant shall locate all types and sizes of utilities and prepare both existing utility and preliminary utility relocation drawings.

2. The preliminary utility drawings shall include all facilities. The Consultant shall determine the utility owners’ horizontal and vertical controls and convert the survey data to comply with the project standards. The Consultant shall catalog data collected, and maintain file copies of source documents, such as deeds, licenses, plots, easements, or other documents used to locate utilities.

3. The Consultant shall meet with utility owners and associated regulatory agencies to ascertain the requirements for permanent utility relocations, as well as for temporary supports and workarounds as required during construction.

4. The Consultant shall also develop preliminary utility cost estimates for all temporary and permanent work, including providing support during

construction. The Consultant shall prepare the necessary sketches, plans, and agreements, along with descriptions of work, to accompany utility permit applications. The Consultant shall also assist the MCIA in preparing utility agreements with the affected utility owners to address the impacts of proposed design on existing utility facilities.

5. The Consultant shall develop the preliminary drawings in compliance with rules of the appropriate regulatory authority.

6. The Consultant shall provide the necessary documents and applications required to permit rearrangement of utilities and/or secure easements.

7. Deliverables:

a. Existing and Proposed Utility Preliminary Relocation Drawings b. Utility Cost Estimates c. Utility Catalog and Files d. Utility Agreements – Drafts and Final

Task 2.10 – Environmental

1. The Consultant shall investigate the potential for hazardous materials to exist within and adjacent to potential site, particularly as Preliminary Engineering is advanced and more precise location information is established for the various components of the Project.

2. The Consultant shall review all existing documents and perform all necessary hazardous materials assessments necessary to define all potentially hazardous materials conditions.

3. Once the potential sites are identified, the Consultant shall develop a Hazardous Materials Subsurface Investigation Work Plan, defining the nature, extent, methods and means of the intrusive testing activities. The Plan shall include:

a. schedule; b. data quality objectives; c. quality assurance requirements; d. staffing plan; 76

e. rationale for test locations; f. sampling methods; g. planned analyses, type, depth and extent of intrusive activities, surveying methods used to locate sampled points; h. regulatory requirements and protocols affecting the testing

4. The Consultant shall implement the plan, conduct the testing, and submit a formal report of quantitative results to regulating agencies. The report shall document activities and results such as:

a. Hiring a qualified drilling contractor (minimum three (3) bids required) b. Monitoring of field work c. Conducting surveys and investigations for Regulated Hazardous Material, PCBs, dielectric fluid, petroleum contaminated materials, toxic materials, etc. d. Obtaining, interpreting and reporting to MCIA adequate data e. Preparing preliminary engineering remediation plans

5. Deliverables:

a. All due as required to meet Project Schedule b. Contaminated and Hazardous Materials Subsurface Investigation Work Plan c. Contaminated and Hazardous Materials Subsurface Investigation Report and Remediation Plan

6. Permitting

The Consultant to identify, pursue and secure all permits and approvals as applicable and related to the project, specific to the design, construction and initial operation of the system corridor. All Project design products shall comply with permit and associated regulatory requirements. The following table identifies permits/approvals that may be required for project implementation.

Agency Permit/Approval U.S. Army Corps of Engineers Jurisdiction Determination

NJ Dept of Environmental Stream Encroachment Protection Permit NJDEP Letter of Interpretation NJDEP General Permit NJDEP Individual Permit

NJDEP DSHW & Site Remediation NJDEP BAQM Air Quality NJDEP CAFRA Permit NJDEP Sewer Extension -TWA USEPA and NJDEP Memorandum of Agreement County Soil Conservation SESC Certification District

7. The Consultant shall assist MCIA, in preparing all necessary studies, documentation and application forms for applications and approval of the required permits.

8. Deliverables:

a. Preliminary and Final Application b. Preliminary and Final Documentation

9. Historic and Archeological Resources

a. The Consultant shall define the Area of Potential Effects (APE) and develop a list of interested and consulting parties and public outreach plan. The APE, list of interested and consulting parties and public outreach plan will be combined to form the Project Initiation package which will be submitted at the draft level for MCIA review, and revised as needed based upon MCIA / NJ TRANSIT comments.

b. The Consultant shall produce a draft HARBS/EA report for review and comment by MCIA. The HARBS/EA report shall contain NJ SHPO survey forms for all historic resources that are in the APEs. The Consultant shall provide the revised report to MCIA for submission to the NJ SHPO, shall work with MCIA /NJ TRANSIT in circulating the report to all previously determined interested and

consulting parties, and shall prepare a final document, as needed, following the receipt of NJ SHPO and third-party comments. c. The Consultant shall coordinate the public involvement Section 106 process, including the implementation of the public outreach plan through distribution of cultural resource documents to the NJ SHPO and interested and consulting parties. d. The Consultant shall advise MCIA, as requested, on the development of a design compatible with surrounding area and other historic resources located within the project APE. The Consultant shall also coordinate with the NJ SHPO, where necessary, regarding the facility design. e. The Consultant may have to produce an Application for Project Authorization under the New Jersey Register of Historic Places Act, which shall be submitted at the draft level for MCIA review; and revised as needed based upon MCIA comments. The application shall incorporate documentation relative to the compatibility of the design with the listed resource.

f. The Adverse Effect Tasks, as outlined below, shall only be undertaken if directed in writing by MCIA and shall be budgeted as a distinct project phase.

g. Should the project be determined, through the Section 106 process, to represent an adverse effect to historic resources, the Consultant shall prepare the following:

I. An Alternatives Analysis to Avoid an Adverse Effect for review and comment by MCIA / NJ TRANSIT, the NJ SHPO and others. The Consultant shall circulate the pre-final document to consulting parties for comment and shall prepare a final document for execution, as needed, following receipt of all the comments. II. A draft Memorandum of Agreement for review and comment by MCIA, NJ TRANSIT and the NJ SHPO. The Consultant shall circulate the pre-final document to consulting parties for comment and shall prepare a final document for execution, as needed, following receipt of all the comments from reviewers.

comments.

III. Should the NJ SHPO, under the New Jersey Register of Historic Places Act, determine that the project represents an encroachment to listed historic resources, the Consultant shall submit the required information as part of the encroachment application and be prepared to participate, as requested by MCIA / NJ TRANSIT, in presentation of the project before the NJ Historic Sites Council (HSC). Participation in the HSC proceedings shall only be required if the project is determined to represent an encroachment and shall be separately budgeted as a distinct project phase. h. Deliverables:

I. Project Initiation Document (12 Copies Each)

II. Historic Architectural Resources Background Survey/Effects Assessment (HARBS/EA) (12 Copies Each) III. Application for Project Authorization (12 Copies Each)

i. Deliverables - Adverse Effect Tasks:

I. Alternatives Analysis to Avoid an Adverse Effect

II. Memorandum of Agreement (12 Copies Each – Only if the Project is deemed to represent an adverse effect to historic resources). III. Presentation to Historic Sites Council for Approval of an Encroachment IV. Section 4(f) Evaluation

j. Environmental Assessment / EO 215

I. Upon completion of the Concept Plan for the facility, the Consultant shall prepare and submit twelve (12) copies of an Environmental Assessment Report conforming to the environmental regulations of the Federal Transit Administration and the New Jersey Department of Environmental Protection which shall evaluate and address all potential effects upon the surrounding community and environment. This report should address and encompass at least the following major elements:

II. Data Collection and Evaluation Survey

i. Conduct a thorough review of all existing reports, information, and data pertinent to the site. Initiate studies of those areas for which no data is available according to standard environmental investigative procedures and collect data as required. Initiate contact with all affected governmental agencies for background and resource material.

ii. Evaluate data as collected to identify and pinpoint those issues and impacts which are significant and non-significant. Begin process of focusing on significant impacts.

III. Environmental Assessment Process

i. Evaluate and assess the impacts of the proposed work upon the surrounding community and area both during and after construction. Determine requirements of appropriate governmental regulations upon the work. The general elements to be reviewed include but are not limited to:

a) Right-of-Way (acquisition/displacement) b) Zoning and Land Use c) Air Quality d) Noise Levels e) Traffic

f) Neighborhood Impacts/Social Effects g) Water Resources and Quality h) Flood Hazard Potential i) Archeological and Historic Resources j) Proposed Aesthetics k) Utilities, Public Facilities and Services l) Security and Safety

ii. The goal of the Environmental Assessment will be to determine conformance to the requirements of the National Environmental Policy Act (EO 215). As appropriate, the Consultant shall prepare documentation necessary for consideration to receive a categorical exclusion (see outline attached in Appendix M), a Finding of No Significant Impact (FONSI), or proceed with development of the Environmental Impact Statement document necessary to proceed to construction including all response documents.

IV. Documentation and Report Preparation

i. The Draft and Final Environmental Assessment Report shall be prepared in accordance with EO 215 guidelines and procedures.

ii. The Assessment shall present a clear and concise summary of all activities, studies and contacts made during this task and the findings, conclusions and recommendations resulting from the work. Alternatives which were evaluated should also be presented and discussed as appropriate.

V. Environmental Impact Statement

i. Shall be prepared if required in accordance with EO 215.

ii. At this time with the written authorization of MCIA, the Consultant shall be expected to prepare a

complete EIS document in accordance with all current and applicable NJDEP guidelines. Twelve (12) copies of all draft reports and the Final Report will be submitted to MCIA for review and use.

VI. Environmental Construction and Operating Permits

i. The Consultant shall provide MCIA with all sewer designs and discharge reviews and permits obtained from the municipal and regional sewer agencies.

ii. Also included as part of the Consultants responsibility is to provide environmental operating permits. Operating permits shall include but not be limited to air stack permits for HVAC, generator(s) and other facility equipment, underground storage tank registrations and the NJDEP general storm water permits, NJDEP stream encroachment, storm water management and general wetlands permits and any other permits that may be deemed necessary as identified during the design phase.

iii. If an individual wetlands permit is required, MCIA will prepare the needs and alternatives analysis and the Consultant shall manage the remainder of the application.

VII. Deliverables:

i. Twelve (12) copies of all draft and final reports and response documents ii. one disk of the report in Microsoft Word including all charts, tables, graphics and plans contained in the reports and appendices in full color where applicable.

Task 2.11 – Value Engineering:

1. At the completion of Task 3: Preliminary Design/Engineering requirements, the Consultant shall conduct a formal Value Engineering (VE) analysis of the work/designs completed to date using a separate firm specialized in Value Engineering.

2. The workshop shall be conducted under the leadership of a Certified Value Engineer and shall consist of at least the following Subtasks:

a. Pre-Workshop Activities b. Formal Workshop c. Presentation d. Report

Subtask 2.11.A - Pre-Workshop Activities:

1. This task includes gathering pertinent information, finalizing workshop and post workshop agendas and orienting the VE team. The VE consultant shall meet with the Consultant to discuss the workshop and assemble/organize all pertinent background data. Data required includes:

a. NJ TRANSIT Design Standards b. Program Requirements c. Design Criteria d. Project definition report e. Alternate Designs Considered f. Pertinent Federal, State and Local Regulations and Codes g. Design Drawings h. Outline Specifications i. Design Calculations j. Detailed Construction Cost Estimate

2. The Consultant shall prepare a memo summarizing the information gathered, with copies of drawings and other documents attached and containing a briefing of the ground rules for the workshop as well as administrative instructions. The memo shall be provided to the VE team members one week in advance of the workshop.

3. Deliverables:

a. Memo - VE Job Plan - 12 copies

Subtask 2.11.B – Workshop:

1. The VE workshop shall be conducted in accordance with the VE job plan and shall consist of an information phase, creative phase, analytical phase, development phase and presentation phase. The workshop shall be completed over a five-day period in facilities provided by the Consultant.

2. A one (1) week VE workshop shall be held.

a. The Consultant shall attend an introductory session the morning of the first day of the VE workshop.

b. During the week that the VE workshop is being conducted, the Consultant’s design team shall be available at their regular places of work to communicate with the Value Engineer’s team to answer questions regarding the project design.

Subtask 2.11.C – Presentation:

1. The week following the workshop, the VE consultant shall prepare the preliminary VE report for distribution and review. The report shall contain a description of each recommendation including:

a. Brief description of the project and summary of problem and recommendations (Executive Summary); b. Results of functional analyses, showing existing and proposed designs; c. Plans marked to show before and after designs, clearly delineating proposed designs; d. Technical data supporting selection of alternatives; e. Cost analyses of existing and proposed designs including associated data and quotations if pertinent; f. Acknowledgment of contributions by others; g. Summary statement listing reasons for accepting proposal and actions required for implementation.

2. The VE consultant shall present the recommendations to MCIA and the Consultant. MCIA will respond to each

recommendation and decide to accept, modify or reject each proposal. The VE consultant shall keep minutes for inclusion in the final report.

3. Deliverables:

a. Preliminary VE Report - 12 copies b. Minutes of Presentation Meeting - 12 copies

Subtask 2.11.D – Report:

1. Approximately ten Calendar Days after the conclusion of the VE workshop the VE consultant shall provide MCIA and the Consultant with a preliminary copy of the Value Engineering’s design review report. The report shall contain VE recommendations and claimed cost savings that could be realized by the MCIA, if they were to accept the VE recommendations.

2. The Consultant shall review the VE design review reports. The Consultant shall submit written comments on each VE recommendation. The comments shall include potential impacts caused by the VE recommendation, such as schedule delays, redesign cost, and impact on other work and construction costs. The comments shall include the Consultants’ opinions of the VE recommendations and their own recommendation as to whether the VE recommendations should be accepted or rejected. The comments shall be submitted to MCIA no later than seven (7) Calendar Days after the presentation meeting described above.

3. Following the presentation/implementation meeting, the Consultant shall prepare a final VE report. The final report shall respond to comments generated during the presentation meeting, shall include the same type of information presented in the preliminary report and shall record the disposition of each recommendation with appropriate justification.

4. Deliverables:

a. Final VE Report - 12 copies

Task 2.12 - Interagency Coordination

1. This task is for the Consultant to provide services to MCIA during the design effort which may involve coordination with various Federal, State, County or local authorities.

2. Consultant may be required to submit at the 30% complete stage, site and facility models and artist’s renderings and other presentation materials suitable to illustrate the proposed project. The Consultant should be prepared to inform user groups and local citizens of the work to be performed using media, meetings, flyers, etc. or as MCIA deems necessary.

3. The Consultant may be required to attend meetings and events, assisting MCIA in accordance with environmental or community information programs. The Consultant shall record and prepare minutes of all meetings.

4. The Consultant may be required to identify, apply for and obtain all necessary plan reviews, approvals and permits as required, as they apply to all phases of the project.

5. MCIA is directing that the Consultant allow approximately 500 hours for this task more than the necessary hours for completing all the work described above, to be used at the discretion and direction of MCIA. The Consultant shall not charge any time against this task, unless explicitly authorized in writing to do so by MCIA.

Task 2.13 - As Directed

1. The Consultant shall include in its proposal 1,500 hours as allowance under this task in addition to the hours necessary to complete all the work previously described, to be used at the sole discretion of MCIA.

2. The Consultant shall not charge any time against this task, unless explicitly authorized in writing to do so by MCIA.

D. PHASE 3 – Final Design/Engineering

Task 3.1 – General Requirements

1. The Consultant shall advance the approved 30% preliminary design,

including all Value Engineering recommendations through a 60% progress submittal, a 90% progress submittal and a 100% complete design and engineering submittal, and shall prepare detailed construction bid documents including plans, specifications, and cost estimates for all construction work necessary.

2. The Consultant shall cooperate closely with the Construction Manager to perform a thorough constructability review starting at the Preliminary Design stage. In this Task, the Consultant will conduct any remaining preliminary engineering technical study tasks needed prior to commencing final design.

3. Bi-monthly or monthly review sessions will take place for MCIA to check on the progress of the design. These meetings will be in addition to reviews at the preliminary, 60%, 90% and 100% design levels. Time should be budgeted by the Consultant and any necessary Subconsultants.

Task 3.2 - 60% Design Completion:

The Consultant shall prepare the following documents for the 60% design completion review:

1. Site plans at 1” = 30’, which show all elements of construction work, with dimensioned layouts, contours, grades and elevations

2. Updated listing of all anticipated drawings

3. All general drawings and other drawings progressed to a 60% level of detail such that a reviewer will be able to understand all major design elements.

4. Construction staging and execution plans, as necessary, to execute the construction work as agreed to by MCIA

5. Track Layouts, Profiles and Cross Sections. If required, separate plans for procurement of long-lead track work materials

6. Signal Plans and Diagrams, as may be required

7. Electric Power Systems

8. Elevations and sections, as necessary, to show layout and configuration of all construction elements

9. Typical sections, elevations and floor plans as necessary

10. Electrical plans showing line diagrams, load protection, typical lighting fixtures and other electrical equipment;

11. Composite plumbing plan combining all sector drawings into one floor plan which shows all potable and recycled water distribution piping, all storm, sanitary and industrial drainage;

12. Landscaping plans;

13. Signage plans (signage to conform to the most current edition of the MCIA Graphics Standards Manual)

14. Structural, mechanical, electrical, architectural and/or any other calculations or analyses used for the 60% design documents;

15. Construction cost estimates, with quantified items for each type of work or system, including costs of staging, safety, and other associated items for the protection of the operation of the facility.

16. The cost estimate shall be further delineated into coding system as prescribed by the North American Industry Classification System (NAICS) and, shall be detailed as much as practical at this stage of design completion.

17. Preliminary Construction Schedule;

a. Draft Technical Specifications prepared in the most current CSI Division format

b. Special Provisions where appropriate, including construction staging and execution practices.

18. Annual Maintenance Cost Estimate:

a. Train Platform Building b. Railroad Infrastructure Systems

19. Signals a. Storage Yard b. Main Line

20. Buildings

21. Comments from all reviewing parties will be incorporated in the preparation of the 60% design documents.

22. Deliverables:

a. 60% Design Drawings, Specifications, schedules and associated documents, fifteen (15) copies each, with plans provided as follows:

i. Twelve (12) half-scale sets ii. One (1) half-scale reproducible set iii. Two (2) full size sets

Task 3.3 - 90% Design Completion

1. 90% design drawings and specifications shall set forth in detail the requirements for the construction of the entire project, including necessary bidding information.

2. Title sheet with key and location plans in sufficient detail and clarity shall be prepared indicating the surrounding area, facility name, contract title, and contract number

3. Site plans at 1” = 30’, including contours at 1.0’ intervals in elevation, property and easement lines, structures, buildings, pavement types and limits, drainage, utilities, and other features which define the existing site, the proposed construction, and final site configuration shall be provided. The plan and profile of underground utilities and invert elevations of storm drains, and sanitary sewers, if any, shall also be shown.

4. Elevations, plans, profiles and typical sections, as necessary, shall be provided to show layout and configuration of all construction elements

5. Typical sections, elevations and floor plans shall be provided as necessary

6. Details of all site work shall be provided;

7. Track layouts, profiles and cross section shall be provided. If required, separate procurement plans for trackwork long-lead materials;

8. Signal plans and Diagrams, as may be required

9. Electric Power Systems shall be provided

10. Demolition plans shall be provided, as required

11. Technical specifications in the Construction Specifications Institute (CSI) format shall be provided;

12. Assistance shall be provided with the preparation of Special Provisions, as required.

13. An estimate of quantities and final detailed construction cost estimate shall be provided, including unit prices where appropriate, along with documentation of analyses used to establish unit and lump sum prices including costs of staging, safety and other associated items for the protection of the operation of the facility.

14. The final cost estimate shall be further delineated into coding system as prescribed by the North American Industry Classification System (NAICS) and, shall be fully detailed at this stage of design completion.

15. Annual Maintenance Cost Estimate shall be provided:

a. Train Platform Building, Platforms and Appurtenances b. Railroad Infrastructure Systems

16. Utility agreements, plans, and evidence of coordination with utility facilities affected by the project shall be prepared

17. Bidders proposal form by discipline, including quantities where appropriate shall be prepared

18. Construction staging plan, division of work, execution plans, and temporary signage plans shall be prepared as required for each stage of construction as agreed to by MCIA.

19. A summary of all criteria used in the design shall be provided, including loads (dead, live, snow, wind, seismic, impact or other loads as appropriate), material grades, codes and industry standards, in a format which is appropriate for use by reviewing parties, including the NJ Department of Community Affairs.

20. Structural, mechanical, electrical, and/or any other calculations or analyses used for the 90% design documents shall be provided;

21. Architectural, electrical, drainage and structural plans shall be prepared (as required);

22. Electrical plans showing line diagrams, yard lighting, load protection, typical lighting fixtures and other electrical equipment shall be prepared;

23. Landscaping plans shall be prepared

24. Signage plans shall be prepared

25. Preliminary Construction Schedule shall be prepared

26. Signals drawings shall be prepared of the following.

a. Storage Yard b. Main line track serving the MOW facility

27. All Ancillary Buildings

28. At the 90% design stage, ALL PLANS AND SPECIFICATIONS MUST BE COMPLETE; no missing drawings or sections shall be allowed at this stage. The Consultant shall submit drawings and other related data as set forth above for MCIA review and approval

29. 90% design documents are defined as the Design Consultants’ best effort to produce fully completed plans and specifications. The 90% complete design shall be sufficient to submit for MCIA, NJDCA, SHPO and/or NJDEP review.

30. As part of this phase, the Consultant shall obtain any and all necessary plan reviews, approvals, and permits as required, including NJDCA, SHPO, and NJDEP approvals, if necessary.

31. The Consultant shall fill out an NJDCA Plan Review Application. The complete drawings shall be submitted to the NJDCA with the application. A sample application is included in this RFP as Appendix E. The NJDCA application review fees will be paid directly by MCIA.

32. Deliverables:

a. 90% Design Drawings, Specifications, schedules, cost estimates and associated documents, sixteen (16) copies each, with plans provided as follows:

i. Thirteen (13) half-scale sets; ii. One (1) half-scale reproducible set; iii. Two (2) full size sets, signed and sealed 93

b. Comments from all reviewing parties will be incorporated in the preparation of the 90% design documents.

Task 3.4 - 100% Final Design Completion

1. 100% design drawings and specifications shall incorporate all relevant comments from the review of the 90% design progress submission by MCIA, NJ Transit, AMTRAK, NJDCA, SHPO and NJDEP.

2. The 100% design drawings shall include the following signature procedures:

a. 100% design documents are defined as complete when all DCA, MCIA and SHPO comments are incorporated.

b. The contract drawings shall have a cover sheet containing the facility name, contract title and contract number.

c. The Consultant shall sign and seal all drawings prepared by the Consultant.

d. Any Subconsultant shall sign and seal their own drawings. The Consultant’s logo shall appear on each drawing prepared by a Subconsultant.

e. All drawings prepared for this Contract shall be signed and sealed by a Principal of the firm with a New Jersey Professional Engineer or New Jersey Registered Architect License.

3. The Consultant shall prepare and submit Final Design documents to MCIA for approval. Final drawings and specifications shall set forth in detail the requirements for the construction of the entire project, including necessary bidding information, The Consultant shall also assist in the preparation of the complete bid package. The final design shall include:

94 a. Title sheet with key and location plans in sufficient detail and clarity indicating the surrounding area, facility name, contract title and contract number. b. Site plans at 1” = 30’, including contours, at 0.5’ and/or 1.0’ intervals in elevation, as appropriate, property and easement lines, track alignments, structures, buildings, pavement types and limits, drainage, utilities and other features which define the existing site, the proposed construction, and final site configuration. The plan and profile of underground utilities and invert elevations of storm drains, if any, shall also be shown. c. Plans, profiles, elevations, sections, floor plans and typical sections necessary to define the site work, layout and configuration of all construction elements. d. Details of all site work. e. Architectural, electrical, drainage, landscaping, signage and structural plans (as required). f. Track layouts, profiles and cross section. If required, separate procurement plans for trackwork long-lead materials g. Signal plans and diagrams, as may be required h. Electric Power Systems i. Demolition clearing plans (as required) j. Technical specifications in the Construction Specification Institute (CSI) format; k. Assist with Final Special Provisions l. Signals

i. Storage Yard ii. Main line track serving the MOW facility

m. Buildings

n. Annual Maintenance Cost Estimate:

i. Maintenance of Way Facility ii. Railroad Infrastructure Systems

o. Utility agreements, plans, and evidence of coordination with utility facilities affected by the Project.

p. Bidder’s proposal form by discipline; including quantities where appropriate. (Reference bid sheet items to Tech Spec “payment” sections)

q. Construction staging plan and temporary signage plans as required for each stage of construction.

r. A summary of all criteria used in the design, including loads (dead, live, snow, wind, seismic, impact, or other loads as appropriate), material grades, codes and assumptions, in a format which is appropriate for use by reviewing parties.

4. An estimate of quantities and final detailed cost estimate, including unit prices where appropriate, along with documentation of analyses used to establish unit and lump sum prices including costs of staging, safety and other associated items for the protection of the operation of the facility.

5. The cost estimate shall be further delineated into coding system as prescribed by the North American Industry Classification System (NAICS) and, shall be fully detailed at this stage of design completion.

6. As part of this Task, the Consultant shall provide all services to obtain any and all necessary plan reviews, approvals, and permits as required, including the New Jersey Department of Environmental Protection (NJDEP), if necessary. Plan review fees required by the NJDEP will be paid for by MCIA directly, and should not be included in the fee proposal.

7. Design Calculations and Diagrams:

a. The Consultant shall submit complete design computations and design drawings covering all structural framing and supports such as primary framing members, bracing, foundations, slabs and architectural finishes, as well as volume and capacity required for each of the Project’s utilities.

b. All calculations shall clearly distinguish between new and existing construction. Documents from which existing dimensions and existing member properties were obtained shall be referenced in the calculations.

c. All engineering calculation sheets shall be numbered, dated, and indexed. The index sheets shall define the total number of the sheets submitted and shall bear the seal and signature of an experienced engineering holding a Professional Engineer’s license in the State of New Jersey and who is familiar with and responsible for the design.

d. If computations are submitted in computer printout form, furnish the following:

i. Descriptions and proof of adequacy of each program

ii. Type of problems solved by the program;

iii. Nature and extent of the analysis;

iv. Assumptions made in the program; and

v. Instructions for interpreting the computer output format

vi. Structural calculations shall include: (a) The design criteria used and the diagram showing the loading conditions and loading combinations. (b) The design constants and equations used, including all references.

(c) Indexed and clearly identified input and output sheets for the entire structure or for those portions of the structure which will be sufficient to enable MCIA to evaluate the structure. (d) A clear diagram of all member forces (axial, shear, bending or other forces as appropriate) for each loading condition controlling the design. e. Construction Schedule:

i. Provide an estimate of the time required to complete construction. This construction schedule is for MCIA project controls purposes only, and will not be for use by the construction Contractor.

ii. Present the construction schedule in a CPM format using days, weeks or months as appropriate for the limit of time (Primavera including (WBS) work breakdown structure and (CP) critical path).

iii. The schedule is to indicate coordinated construction with activities of other entities and utilities affected by the Project.

iv. Determine from the Project plan the delivery time required for long-lead time apparatus and material. Prepare material lists for all long-lead or MCIA supplied materials, equipment and apparatus, and submit to MCIA for approval and advertising for bids. f. General:

i. The Consultant shall exercise reasonable care in the preparation of contract documents to conform to all applicable code requirements in effect at the time of issuance of the contract documents. As previously mentioned, the approval of plans and specifications which have been submitted and received by MCIA is not to be construed as authority to violate, cancel, or set aside any provisions of applicable

codes of this Contract.

ii. Nothing contained in the RFP or any resultant Contract is intended to relieve the Consultant of responsibility for maintaining adequate supervision over the design in order to endeavor to guard MCIA against deficiencies in the design work.

iii. The Consultant shall be liable to MCIA for any costs incurred to correct, modify or redesign any drawings submitted by the Consultant that are found to be defective or not in accordance with the provisions of this agreement as a result of any act, error or omission on the part of the Consultant, agents, servants or employees. The Consultant shall be given reasonable opportunity to correct any deficiencies at no additional cost to MCIA.

g. Deliverables:

i. 100% Design Drawings, Specifications, schedules and associated documents, sixteen (16) copies each, with plans provided as follows:

i. Design Calculation – Originals and 1 copy ii. Ten (10) half-scale sets; iii. Two (2) half-scale reproducible sets; iv. Four (4) full size sets, signed and sealed v. 100% Construction Bid Package

Task 3.5 – Peer Review Services

1. The Consultant shall conduct a Peer Review of its design at the 50% and prior to Final design levels. The intent of the peer review is to validate the overall engineering and quality objectives of the Project have been successfully addressed. One of the primary objectives shall be to assure that the integration of the different systems and disciplines are advancing the project successfully.

2. The Peer Review shall also include a constructability review and analysis of construction cost estimates and proposed follow-on contract packaging suggestions prepared by the Consultant.

3. The Peer Review team shall consist of senior engineering personnel from the Consultant design team firms who are not associated with or have had any knowledge or involvement with the technical details of the Project prior to being assigned to the team. The review team may also involve other transit agency personnel, third party consultants/contractors and/or FTA/PMO personnel. The Peer Review team personnel shall be approved by MCIA and shall include selected MCIA personnel.

4. Information and data to be presented during the Peer Review shall not be made available to any member of the Peer Review team prior to the review. The Peer Review discussion and results shall be documented in a report within 7 days of the completion of the Peer Review.

5. Deliverables:

a. Peer Review Report

Task 3.6 – Bid Phase Services

1. The following services shall be provided during the bid period for the construction contract as part of this Subtask:

a. Provide answers to questions submitted to MCIA staff by prospective bidders during the bid period.

b. Review bidders’ bid documents for conformity with technical requirements and completeness of response of the bid package and reasonableness of bid quoted and perform bid cost analyses.

c. Prepare bid document Addenda including technical provision and contract drawing revisions and engineering calculations, as necessary or as requested by MCIA, for MCIA approval and issuance. Furnish originals for final printing.

d. Conform all contract drawings to Addenda issued as directed by

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CIA within one month of the construction contract bid opening date.

2. Any changes required to the contract documents to clarify the intent of design due to bidders’ inquiry and are due to the Consultant’s errors and omission shall be performed at no cost to MCIA. MCIA will only pay for changes that are required under a direction of MCIA differing from the original scope of work.

3. Deliverables:

a. Responses to RFI b. Addenda as required c. 100% conformed Design Documents appropriately signed and sealed d. Completed Bid analysis

Task 3.7 - Interagency Coordination - Final Design

1. This task is to provide services to MCIA during the design effort which may require/involve coordination with various NJ Transit, State, County or local authorities.

2. As part of this task, the Consultant may be required to submit site and/or facility models and artist's renderings suitable to illustrate the proposed project.

3. The Consultant shall prepare flyers, display boards, media contents and any such material deemed necessary by MCIA / NJ Transit.

4. At the direction of MCIA/ NJ Transit, the Consultant shall inform user groups and local citizens of the work to be performed using media, meetings, flyers, etc. or whatever the Consultant and MCIA deem necessary.

5. The Consultant may be required to attend public meetings and events, assisting MCIA in accordance with an environmental or community information program. Record and prepare minutes of all meetings.

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6. The Consultant may be required to identify, apply for and obtain all necessary plan reviews, approvals and permits as required, as they apply to all phases of the project (excluding DCA, NJDEP, and USACOE).

7. The Consultant shall include in its proposal an allowance of 500 hours in addition to the hours necessary for completing all the work described previously, to be used at the discretion and direction of MCIA. The Consultant shall not charge any time against this task, unless explicitly authorized to do so by MCIA.

Task 3.8 - As Directed - Final Design

The Consultant shall include in its proposal an allowance of 900 hours for this Task in addition to the hours necessary to complete all the work previously described, to be used at the sole discretion of MCIA. The Consultant shall not charge any time against this task, unless explicitly authorized to do so by MCIA.

E. PHASE 4 – Construction Assistance Services

1. Construction Assistance Services support shall begin with a review and updating of the previously prepared documents, and continue through the Contract period until closeout. Review of significant shop drawings, attendance at selected progress meetings, and similar support service shall be required.

2. This shall not, however, an opportunity to correct or complete design elements at MCIA’s expense. Support Services shall be at the request and under the direction of MCIA’s Project Manager.

3. The Construction Assistance Services requirements for this Project are defined by the following Tasks:

Task 4.1 - Response to Questions

1. As necessary throughout the construction period, the Consultant shall provide the required technical expertise necessary to respond, normally within five Business Days, to any design document related question, request for clarification, etc.

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2. This service shall be available for issues brought forward by MCIA, the prime contractor, his Subcontractors, or any related or impacted Federal, State, County or municipal entity.

Task 4.2 - Change Order Preparation / Evaluation

1. When requested by MCIA, the Consultant shall assist in the review and analysis, and provide recommendations on Contractor requests for change and change orders through the preparation of detailed cost estimates.

2. Cost estimates shall include material quantities and cost, labor quantities and all direct and indirect costs, and an analysis of the contractor’s proposal for alternate methods and materials.

3. In addition, the Consultant shall prepare all necessary change order documents (designs, specifications, cost estimates, schedule analysis, etc.) as required by MCIA for effective change order evaluation, negotiation and construction.

Task 4.3 - Shop Drawing Review and Material Approvals

1. The Consultant shall review and approve all project design related shop drawings and material submittals as designer-of-record.

2. These reviews and approvals shall be completed and returned not greater than ten (10) Business Days after receipt from the Construction Manager or the Contractor.

Task 4.4 - Field Inspections, Project Meetings

1. The Consultant shall be expected to attend one (1) pre-construction meeting.

2. The Consultant shall be expected to attend field meetings as required by the Construction Manager to resolve issues and for inspection.

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Task 4.5 - Punch List Inspection and Substantial Completion

1. The Consultant shall participate in the inspection and assist in the development of the final punch list to be received by the Contractor prior to Final Acceptance.

2. Under this subtask, the Consultant shall also provide the necessary services to qualify or not qualify the Project as “substantially complete” and offer documented notification of same.

3. If the Consultant determines that the Contractor’s request for substantial completion of the project is not qualified per the contract requirements, the Consultant shall provide documented notification of the disqualification.

Task 4.6 - Final Inspection / Project Acceptance

1. As the designer-of-record, the Consultant shall participate in the final Project inspection following completion of punch list activities, and shall provide MCIA with formal written notification of project acceptance.

Task 4.7 - As-Built Drawings

1. Upon the completion of construction, the Consultant shall modify the original contract drawings to reflect “As-Built” conditions.

2. The construction management forces and/or the Contractor will furnish the “As-Built” information to be verified and incorporated.

3. The Consultant shall provide one (1) set on electronic media acceptable to MCIA of "As-Built" Contract Drawings. MCIA will make the payment under this task upon complete submission of the “As-Built” package.

4. Deliverables:

a. Three (3) sets of electronic plans on CDs of “As-Built” Contract Drawings will be required prior to any payment of the Consultant under this task item.

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Task 4.8 – Warranty / Manual Compilation and Delivery

1. Upon the completion of construction, the Consultant shall assist MCIA to develop list of all warranties and their durations to be collected, organized, and compiled into two identical binders.

2. All warranties are to be signed by a responsible person of the warrantor’s company and include contact information for service during the warranty period.

Task 4.9 - As Directed - Construction Assistance Services

1. The Consultant shall provide support services as directed to facilitate the construction or to achieve cost savings.

2. The Consultant shall include in its proposal an allowance of 500 hours to be used at the sole discretion of MCIA.

3. The Consultant shall not charge any time against this task. This allowance is provided for the sole convenience of MCIA and can only be used for work authorized in writing by MCIA’s Contracting Officer.

V. GENERAL PLAN AND SPECIFICATION REQUIREMENTS The Consultant shall provide all necessary architectural and engineering services required to prepare all surveys, contract plans, technical specifications, and a detailed cost estimate and bid documents for all sections of the proposed work. The construction plans shall be laid out on a 24” x 36 sheet with standard MCIA title box and shall consist of: Key Map, Location Map, Estimate of Quantities, Distribution of Quantities sheet, Site Plan, Elevations, Sections, Typical Sections Standard Details, etc. Certain copies of design development drawings may be half-size. Specifications and supplemental specifications shall conform to CSI format or another acceptable format as pre-approved by MCIA. Use of graphics shall conform to the NJ TRANSIT Sign Standards Manual. All contract documents must be made with a computer-assisted drafting program so long as the elements specified above are included. MicroPlatform (Release No. V8) or AutoCAD Release 11 as Directed by MCIA shall be used and two sets of disks containing final design shall be submitted to MCIA using media and formats acceptable to MCIA. In addition to the hard copy submissions, the Consultant shall also provide electronic files of all documentations submitted in each phase in the following format:

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• Reports and specification files should be on MS Word application. • Design Drawings (Preliminary, 30%, 60%, 100% and the final bid plans should be on MicroPlatform or AutoCAD as directed by MCIA) The final bid package including, but not limited to, the signed and sealed plans, design calculations and specifications should be on PDF files

A. Ownership of Work

All work product produced by the Consultant in accordance with this Contract shall become the sole property of MCIA. Work product includes, but are not limited to:

a. field notes b. records c. reports d. computations e. calculations f. work sheets g. sketches h. drawings i. specifications j. cost estimates k. laboratory data l. test results m. correspondence n. computer records, and o. all other products resulting from the Consultant’s work performed under this Contract.

VI. PROPOSAL REQUIREMENTS

A. General

The Proposal package shall consist of one (1) signed original and five (5) copies of the Technical Proposal, plus one (1) electronic copy on a CD/DVD or USB in “PDF” format. The Technical Proposal shall be prepared on 8½” x 11" paper with Arial 12 pt. font and 1-inch margin all around. A limited number of 11” x 17” fold- out sheets for exhibits are acceptable. All pages must be sequentially numbered.

Clear and concise Proposals are recommended. Elaborate Proposals and artwork, expensive paper and bindings, and expensive visual and other preparation aids are not necessary or desirable. All submitted Proposals become the property of MCIA in accordance with applicable law.

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Proposals shall be valid for a minimum of six (6) months from the date of Proposal receipt. MCIA will notify the Proposers who submitted their Proposals for extension of validation in case additional time is required for evaluation, negotiation, and Contract execution. A duly authorized official of the Proposer or joint venture must sign the Proposal.

A1. Open Public Records Act

As part of its Proposal, a Proposer may designate any data or material it asserts are exempt from public disclosure under Open Public Records Act (OPRA) and/or the common law, explaining the basis for such assertion. When the Proposal contains a negotiation component, the Proposal will not be subject to public disclosure until a notice of intent to award is announced. The Proposer must provide a detailed statement clearly identifying those sections of the Proposal that it claims are exempt from production, and the legal and factual basis that supports said exemption(s) as a matter of law. MCIA will not honor any attempts by a Proposer to designate its entire Proposal as proprietary, confidential and/or to claim copyright protection for its entire Proposal. If a public request is made for materials that the Proposer has identified as confidential or proprietary, MCIA shall have the sole discretion and final authority to determine whether the materials are exempt from public disclosure and to act as required by applicable law. In the event of any challenge to Proposer’s assertion of confidentiality with which MCIA does not concur, the Proposer shall be solely responsible for defending its designation, but in doing so, all costs and expenses associated therewith shall be the responsibility of the Proposer.

A2. Proposed Additional Terms

A Proposer may submit additional terms as part of its Proposal and Proposals including proposed terms and conditions may be accepted, but proposed terms or conditions that conflict with those contained in the RFP or that diminish MCIA’S rights under any Contract resulting from the RFP, may render a Proposal non- responsive. It is incumbent upon the Proposer to identify and remove its conflicting proposed terms and conditions prior to Proposal submission. Acceptance of the Proposer’s Proposal does not construe in any way, shape or form MCIA’s acceptance of the Proposer’s additional terms. Where additional terms are submitted, they may be accepted, rejected, or negotiated, in whole or in part, at MCIA’S sole discretion where the terms do not conflict with material terms of the RFP or do not diminish MCIA’S rights under the Contract resulting from the RFP.

If a Proposer intends to propose terms and conditions that conflict with the RFP, those proposed terms and conditions shall only be considered if submitted and agreed to pursuant to the “Request for Information and Addenda” set forth in Section I Subparagraph E of this RFP.

After award of the Contract, if a conflict arises between a Proposer's additional terms included in the Proposal and a term or condition of the RFP, the term or condition of the RFP will prevail. B.Technical Proposal Format

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Technical Proposals shall include the necessary information to establish the Proposer’s expertise and qualifications to accomplish all tasks as set forth in the Scope of Services of this RFP. Technical Proposals shall reflect and include the necessary level of effort required to advance the project through completion. Proposers are urged to be clear and concise in the preparation of Proposals.

Technical Proposals shall follow the format outlined below.

Section 1 - Cover Letter:

The cover letter should summarize key points of the Proposal and include any introductory or explanatory remarks. The Proposer shall demonstrate an understanding of the overall project objectives, areas of concern and technical/managerial approaches to be emphasized in pursuing this work.

Section 2 - Qualifications of Proposer(s):

This section shall contain pertinent information about the project organizational structure of Proposer’s team and the number of personnel required for the project. The Proposer shall show the availability of professional and technical staff exclusively for this project. Also, the section shall show anticipated workload for the duration of this project, taking in to account resources involved with existing proposals and active projects.

Where describing relevant experience, note the Proposer’s role in the context of the client’s overall project, study, program, etc., and the role of any key individuals proposed here, in the context of the Proposer’s overall responsibility, if applicable.

This section shall also contain the Proposer's certification that a full-time office will be in close proximity to the Project site during the Project period, and that the Proposer's Project Manager can be reached through this office during regular working hours. Also, the Proposer shall identify other offices, their proximity in miles to the sites where work will be performed and the type and amount of work to be performed at these locations.

Section 3 - Qualifications of Individuals:

This section shall contain the names and concise experience records of the Proposer’s Project Manager and other key managerial and technical personnel assigned to the project. Specific design, skills or strengths and any other relevant experience should be highlighted. In describing related experience, explain the role of each individual and Proposer’s assignment in the context of the overall project, study, program, etc.

Resumes for the Proposer’s Project Manager and other key managerial and technical personnel assigned to the project shall be included in this section and shall cite formal education, professional licenses and certifications, work history,

108 and training in industry skills.

This section must contain a certification that the listed key personnel are presently employed by the Proposer, or will be on board, and shall be assigned to the project in the manner prescribed.

Section 4 – References:

Reference checks will be made based on the information supplied in this section, and the information gathered will be used to validate information contained in the Technical Proposal and evaluate the abilities of the Proposer in all the aspects of quality, budget, responsiveness and expertise. Listed references, therefore, should be pertinent and recent (within the last five (5) years), and the contact person should have had direct involvement with the Proposer and the project.

A minimum of three (3) client references must be provided for each Consultant or Subconsultant on the Proposer’s consulting team for completed assignments similar in scope and magnitude to the MCIA project to be undertaken.

A minimum of three (3) client references must be provided for the Proposer's Project Manager.

A minimum of three (3) client references must be provided for each proposed key project staff/task member.

References must include client firm/agency name, client project contact name, title, current address and telephone number, name of project, start and end dates of assignment, key personnel involved, and a description of the Proposer’s assignment, roles and responsibility.

In addition, each Proposer having performed services for MCIA, as a consultant or Subconsultant, must provide references as stated above for all prior MCIA projects.

Proposers having performed services for MCIA will be evaluated on the basis of their history of compliance with all Contract provisions, including but not limited to: quality control/ quality assurance, budget & schedule adherence, responsiveness, insurance and indemnification responsibility provisions.

Section 5 -Technical Section:

This section shall contain the Proposer’s work plan for accomplishing the project. The work plan shall address all tasks described in this RFP and shall include a description of how the Proposer’s time schedule for project completion will at least meet or better the time frames provided. This section most importantly shall contain each key individual’s past work experience that demonstrates their ability

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of a project of similar scope and magnitude.

The Proposer is encouraged to provide additional narrative on the services to be performed, which can be used to evaluate the Proposer’s understanding of the objectives and overall purpose of the project; the Proposer’s relative specialized experience; technical competence and application of innovative techniques in connection with particular tasks and activities; and the Proposer’s ability to progress the project in a systematic, straightforward, logical manner.

Suggested improvements on the work plan as described in this RFP should be noted in this section.

Section 6 - Team Organization/Resource Allocation:

This section shall address the proposed management structure, manpower allocation, and assigned individuals for performing the work. The Proposer must include a clear description of how the management structure and assigned personnel fit into each task as set forth in the Scope of Services of this RFP, how staff assignments will vary over the Project time frame and an explanation of the relationship of the Project Manager to the top management of the Proposer, and the extent of his/her authority and responsibility. All other project positions and relationships comprising the project's organizational structure shall be presented. The following information shall be included in this section:

a. Team organization chart showing the reporting and contractual relationships of all firms included in the Technical Proposal; b. Matrix of person-hours by team member firm - showing, by task, the total person-hours for the entire team and separately for each firm included in the team. The Proposer shall show percentages for person-hours for each Phase/task for the whole team.

c. Organization and staffing chart showing the organization of key personnel by name, title and reporting relationship, and

d. Matrix of person-hours by individuals showing, for each project staff member, the number of person-hours proposed for each Phase and task. Professional staff includes all key staff members, including: project manager, task leaders, discipline leaders, and all project engineers and technical support personnel. Separate categories will be used to show labor hours for each of the following classifications: technicians, drafting, clerical/word processing. Individuals need not be named for these categories.

Section 7- Quality Management / Quality Assurance Plan: 110

This section shall describe the Proposer’s Quality Assurance/Quality Control (“QA/QC”) Plan as it relates to this project as well as the Proposer’s overall QA/QC Program. This section is not intended for inclusion of the complete QA/QC Plan, but should be detailed enough to provide for a clear understanding of the Proposer’s process. NOTE: Upon award of this Contract, the Proposer shall submit for approval to MCIA, its detailed QA/QC Program for all of the services to be provided under this RFP.

Section 8 - Conflict of Interest:

An organizational conflict of interest occurs where a Proposer is unable, or potentially unable, to render impartial assistance or advice due to activities, relationships, contracts, or circumstances which may impair the Proposer’s objectivity; or a Proposer has an unfair competitive advantage. If the Proposer or any employee, agent or Subcontractor of the Proposer may have or may give the appearance of a possible conflict of interest, the Proposer shall include in its Proposal a statement indicating the nature of the conflict.

Also, the Proposer must provide a description of how the Proposer avoids or addresses potential conflicts of interest. If the Proposer does not have such conflicts, then that shall be stated in this section with sufficient detail in support of such statement. This statement must be on company letterhead and signed by an authorized representative of Proposer. MCIA will determine whether the Proposer or any employee, agent or Subcontractor has a conflict or potential conflict of interest on a case-by-case basis. MCIA reserves the right to disqualify the Proposer if, in its sole discretion, any interest disclosed from any source could create, or give the appearance of, a conflict of interest. MCIA’s determination regarding any question(s) of conflict of interest shall be final.

The Proposer or any employee, agent or Subcontractor of the Proposer shall also identify any projects, past or present, it has performed for MCIA relating to the services requested in this RFP_ including the dates of the project, the contract number, the project supervisor, and a brief description of the scope of work.

To the extent that this RFP involves a potential for follow-up work, for example construction or construction management of a project, the Proposers, its subsidiaries and affiliates, joint ventures involving the Proposer, and any employee, agent or Subcontractor may be precluded from participating in any follow-up work so as to avoid an unfair competitive advantage. See FAR Subpart 9.507 (FAR 9.507)

Section 9 – Schedule:

The Proposer shall prepare a schedule consistent with th e below s c h edul e for completion of all tasks identified in the RFP. The Proposer shall identify areas

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where the potential of schedule slippage exists and how the Proposer plans to mitigate such slippage. The Estimated Design Schedule Shall be as Follows: Phase 1 Conceptual Engineering – 2 Months Phase 2 Preliminary Engineering – 12 Months (supports environmental approvals) Phase 3 Final Engineering – 12 Months (includes Bid Phase Services) Phase 4 Construction Assistant Services TBD The durations are for the Consultant Design and does not include MCIA, County, NJ Transit, Amtrak or NJDEP or other Agency Review Time.

Proposer’s Certifications

THE PROPOSER MUST PROVIDE ONE (1) SIGNED ORIGINAL OF THE FOLLOWING CERTIFICATES/FORMS/AFFIDAVITS IN A SEPARATE SEALED ENVELOPE:

All Proposers shall include one (1) signed original of the certifications and affidavits required under this solicitation.

1. Proposers must submit the following with the Technical Proposal:

• Exhibit 1 - MCIA’s Professional Services Agreement • Exhibit 2 - Acknowledgment of Receipt of Addenda • Exhibit 5 - Statement of Joint Venture (if applicable) • Exhibit 6 - Ownership Disclosure Form • Exhibit 9 - Disclosure of Investment Activities in Iran • Exhibit 10 - Contractor’s Certification of Eligibility • Exhibit 11 - Non-Collusion Affidavit • Exhibit 12 - Affidavit of Compliance (Code of Vendor Ethics) • Exhibit 13 - Certification of Contracts, Grants & Loans Cooperative Agreements (Byrd Anti-Lobbying Certification).

2. Proposers should submit the following with the Technical Proposal but must submit within the indicated time frame:

• Exhibit 7 - Source Disclosure Certificate Form (must be submitted within five (5) Business Days of request) • Business Registration Certificate (must be submitted before the date

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of Contract award)

3. Proposers from whom a Cost Proposal is requested, should also submit the following with the Cost Proposal but must submit within the indicated time frame:

Exhibit 3 – MCIA Requirements for Procurement and Professional Services (must be submitted within five (5) Calendar Days after the Cost Proposal due date).

C. Oral Presentation Format

Oral presentation may be required from those Proposers within the “competitive range” or may be waived at the discretion of MCIA. Oral presentations, if necessary, will provide an opportunity for the Proposer to clarify or elaborate on its written Technical Proposal.

Oral presentations shall be made before the TEC and shall consist of an introduction of the Proposer’s project team, a general discussion why the team should be selected for the project, and a detailed account of relevant experience of each major team member. The oral presentations shall also include the methodology and approach that the Proposer intends to use for the development of design and explain in necessary detail the basis why this approach was chosen as well as any applicable projects where this approach was used in the past.

The oral presentation period will be scheduled for a maximum of one (1) hour for each Proposer. Each Proposer will be granted up to thirty (30) minutes for highlighting significant points of interest to MCIA. The balance of the presentation shall be reserved for discussions, with the TEC members, on any/all subjects regarding the written proposal, oral presentation and other project issues as deemed relevant by the TEC.

Members of the Proposer’s team who will play the key and significant roles in managing the project, shall attend and participate in the oral presentation. Attendance shall enable each TEC member to become acquainted with the individuals so designated.

D. Method of Selection

Proposal Distribution

Upon receipt of the Technical Proposals, MCIA will provide a copy of the Technical Proposals to each member of the Technical Evaluation Committee TEC. This committee will consist of members from various departments within MCIA, its Engineers, Middlesex County, and NJ Transit.

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Duties of the TEC will include:

• Review of Technical Proposals • Complete technical evaluations and score Technical Proposals • Participate in Oral Presentations • Assist the Procurement Department, as required, with negotiations

Proposal Evaluation

Each TEC member will review and evaluate the Technical Proposals based on the quality and substance of the submitted Proposal. Technical Proposals will be evaluated against the technical evaluation criteria enumerated in Attachment A of this RFP.

MCIA will use the Technical Proposal evaluations to determine the competitive range. Reference checks will be performed for each Proposer deemed within the competitive range and the results furnished to the TEC. Although the reference checks will not be scored per se, they will be used to validate information contained in the Technical Proposals.

Oral Presentations

Oral Presentations may be requested from at least three (3) qualified Proposers within the “competitive range”, except MCIA may select fewer Proposers if fewer Proposers responded to the solicitation or meet the qualifications for the project.

Oral Presentations will provide an opportunity for the Proposers to clarify or elaborate on its Technical Proposal. The TEC will conduct the Oral Presentations. The TEC will use the Oral Presentations to confirm and/or reassess its understanding of the Technical Proposals, and incorporate that information into its evaluation by revising the technical evaluation scores accordingly.

MCIA reserves the right to assess and reassess its understanding of the Technical Proposals and revise the rating and ranking of such Proposals at any time prior to selection.

Cost Proposals

After evaluating the Technical Proposals, MCIA will request a Cost Proposal from the highest technically qualified Proposer (Qualified Proposer) in the competitive range. Cost Proposals shall reflect and include the necessary level of effort required to advance the project through completion. All proposed expenses will be evaluated to determine their reasonableness and whether they are allowable and allocable. The Federal Transit Administration Cost Standards (Federal Acquisition Regulations Part 31) will be used as the guideline in determining the reasonableness of the Proposer’s costs. The Qualified Proposer shall submit one (1) original, three (3) copies and one (1) CD or USB electronic copy of a Cost Proposal within seven (7) calendar days

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of the receipt of the written or verbal notification from MCIA. If the Qualified Proposer cannot provide its Cost Proposal within seven (7) Calendar Days of request, MCIA reserves the right to begin negotiations with the next highest ranked Proposer. The Cost Proposal shall be presented in a person-hour allocation format by discipline and title and shall be separated by salary rate as indicated in Attachment B.

Person-hours by discipline and title shall be separated by task and by salary rate. Direct expenses shall be itemized separately by category for each Phase, Task and Subtask. Direct expenses to the Qualified Proposer are in addition to the compensation for payroll additives, salaries and profit, and include actual expenditures made by the Qualified Proposer’s technical employees and professional consultants for such expenses as:

1. Travel, sustenance and lodging - MCIA shall reimburse the Qualified Proposer in accordance with the MCIA Travel Policy. Please refer to Exhibit 14: Travel, Subsistence and Lodging Reimbursement Guidelines. 2. Reproduction expenses. 3. Subcontracts less than $10,000.00 4. All permit fees necessary for completion of design including, but not limited to, soil erosion and sediment control, stream encroachment, sewer connections, driveway and cub cuts, underground fluid storage, air emissions, etc. 5. Expense of the premium portion for overtime work requiring higher than regular rates, when pre-approved and authorized in writing by MCIA.

The person hours and direct expenses shall be summarized by task and by each team member in the Proposer’s team in the Qualified Proposer’s Cost Proposal and include all elements of cost such as overhead, profit, etc. Overhead and profit assumptions shall be shown as per Attachment B. Direct salary cost is defined as base salary paid to technical employees (excluding mandatory and customary benefits such as statutory employees' benefits, insurance, sick leave, holidays and vacations, pensions and similar benefits). Technical employees include engineers, designers, job captains, draftsmen, specification writers, in consultation, research, inspection, design, drawing production, specification development and other similar services pertaining to the project. Non-technical employees include, but are not limited to, administrative and clerical personnel.

If clerical support is required and if it is not included in overhead or direct expenses, it must be itemized in the same fashion as other staff in the proposed cost detail. The Qualified Proposer must submit the following Cost Proposal forms:

• Attachment B-1: Cost and Fee - By Consultant And each Subconsultant Recap - Team Summary • Attachment B-2: Cost and Fee Tasks Recap -Team Summary • Attachment B-3: Cost and Fee Tasks Recap - For each Consultant and Subconsultant • Attachment B-4: Personnel Team Detail

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• Attachment B-5: Staffing Schedule - By Consultant and each Subconsultant

The Contract shall be a cost-plus fixed fee type with a maximum amount not to be exceeded. The profit (fixed fee) shall be negotiable on a task-by-task basis and shall not exceed ten percent (10%) on labor, overhead and fringe costs; there shall be no profit on direct expenses. No overhead burden of profit (fixed fee) is allowed on subcontracting or direct costs.

Each task in this Contract shall have a specified amount identified equal to the negotiated proposed cost for each Phase, task and Subtask. Expenditures greater than the identified amount and incurred by the Qualified Proposer during the execution of the Contract shall not be reimbursed unless previously approved by MCIA prior to the performance of the work.

The Qualified Proposer must demonstrate its financial capability, including financial resources to sustain operations between the time expenses are incurred and the time payment is made. The Proposal shall include the latest year-end financial statement as prepared by an independent auditing firm.

The Qualified Proposer’s team also must submit a listing of the items charged to the project overhead rate and the corresponding percentages for the Consultant and Subconsultant firms. Overhead rates are not restricted, but must be documented by a recent (within the past three (3) years) State, Federal or independent certified accounting firm audit. The Qualified Proposer must also submit its overhead projections in schedule format for the duration of the project.

All costs, including indirect cost items are subject to negotiation. MCIA intends to negotiate provisional indirect cost rates, which are subject to audit and downward adjustment only.

Forms & Affidavits

The required forms and affidavits shall also be included in the Cost Proposal. concerning the obligations and mandatory submissions for this Contract. Negotiation

MCIA reserves the right to:

• Pursuant to applicable law, reject all Cost Proposals submitted if in the best interest of MCIA. • Accept any Cost Proposal as submitted without negotiations. • Reject, without entertaining revisions, a Cost Proposal with major substantive deficiencies.

MCIA will enter into negotiations with the highest technically qualified Proposer to reach an agreement on scope of services and fees. During the of negotiations, MCIA may require revisions to, correction of, or other changes to

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any Proposal submitted as a condition to it being given any further consideration. If in the opinion of MCIA, a satisfactory Cost Proposal cannot be negotiated with a Qualified Proposer, MCIA will formally end negotiations and initiate negotiations with the next most technically qualified Proposer.

This negotiation procedure will be followed until a satisfactory Cost Proposal is negotiated. MCIA considers all elements of the Proposer’s Proposal subject to negotiation.

Approval and Award

Once negotiations have been completed, a recommendation for the award of the Contract will be issued for approval by MCIA’s Board of Directors, Middlesex County Board of Chosen Freeholders and NJ Transit Board of Directors for the Proposer whose Proposal provides the best value to MCIA. Upon approval of the recommendation for award of a Contract, MCIA will a w a r d t h e Contract to the selected proposer.

Within ten (10) Business Days of receipt of Notice of Award, the successful Proposer shall properly execute two (2) copies of the Contract and deliver to MCIA both signed copies of the Contract, the specified insurance certificates and any other document as may be specified in the Contract. MCIA will execute both copies of the Contract and will return one (1) executed copy to the selected Proposer/Consultant.

MCIA reserves the right to cancel the award of a Contract before execution if MCIA deems such cancellation to be in its best interests. In no event will MCIA have any liability for the cancellation of such award. The successful Proposer assumes the sole risk and responsibility for expenses incurred prior to execution of the Contract and shall not commence work until receipt of a Notice to Proceed.

E. Protest Procedure

Definitions

1. "File or Submit" means date of receipt by MCIA's Contracting Officer.

2. "Federal Law or Regulation" means any valid requirement imposed by Federal statute or regulation governing contracts awarded pursuant to the grant agreement. This includes the requirements as stated in FTA Circular 4220.1F

3. "Interested Party" means an actual or prospective bidder, an offeror or party whose direct economic interest would be affected by the award or failure to award the Contract at issue.

Parties

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Only an Interested Party may file a protest.

Types of Protests/Time Limits

1. Protests based upon a challenge to the specifications or alleged improprieties in MCIA'S procurement process must be filed no later than fourteen (14) Calendar Days prior to the Bid opening date.

2. Protests based upon rejection of a Bid shall be filed no later than five (5) Business Days after the Protestor receives notification of rejection from MCIA.

3. Protests based upon the award of a Contract shall be filed no later than five (5) Business Days after the receipt of MCIA’s Notice of Intent to Award.

4. All protests must be filed in writing. Oral protests will not be accepted.

Where to File

Protests must be filed directly with MCIA'S located in Cranbury, New Jersey identifying the IFB or RFP number.

The Protest

The protest must contain the following information:

A. The name, address, and telephone number of the protestor.

B. Identity of the RFP (by number and description).

C. A statement of the specific grounds for protest and any supporting documentation. Additional materials in support of the protest will only be considered if filed within the time limits set in the Design Schedule Provided.

D. An indication of the ruling or relief desired from MCIA.

Confidentiality of Protest

Materials submitted by a protestor will not be withheld from any interested party, except to the extent that the withholding of information is permitted or required by law or regulation. If the protestor believes the protest and any supporting documentation contains proprietary material that should be withheld, the protestor shall submit a statement advising of this fact affixed to the front page of the protest documents and the alleged proprietary information must be so identified wherever it appears. If a public request is made for materials that the protestor has identified as confidential, MCIA shall have the sole discretion and final authority to determine whether the materials are exempt from public disclosure and to act as

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Protest Procedures: Challenges to a Specification

a. An Interested Party finding cause to challenge a specification contained within the RFP may submit a written protest to MCIA’s Contracting Officer setting forth in detail the grounds for such protest;

b. A written protest may be submitted by an Interested Party only after MCIA has formally responded to any questions raised by prospective Proposers and must be submitted at least fourteen (14) Calendar Days prior to the Proposal submission date to permit a review of the merits of the protest and to take appropriate action, as may be necessary, prior to the scheduled deadline for Proposal submission

c. A protest of a specification of the advertised RFP shall contain the following:

i. The RFP number and description; and

ii. The specification(s) at issue and the specific grounds for challenging the cited specification(s), including all arguments, materials, or other documentation in support of the protestor’s position.

d. MCIA’s Contracting Officer may disregard a protest not containing all of the items set forth in (c) above

e. MCIA’s Contracting Officer may, upon timely receipt of a protest of a specification, issue a final written decision on the protest prior to the bid or proposal submission date. Where a decision is issued, such determination shall be a final agency decision. MCIA’s Contracting Officer has the sole discretion to determine if an in-person presentation by the protestor is necessary to reach an informed decision on the protest.

MCIA’s Contracting Officer may resolve a protest of a specification by amending the RFP and extending the deadline for proposal submission, by canceling the procurement, or by any other appropriate means.

Protest Procedures: Challenges to Rejection of a Proposal/Bid or Contract Award

a. An Interested Party finding cause to challenge the rejection of a Proposal or award of the Contract for this RFP may submit a written protest to MCIA’s Contracting Officer setting forth in detail the grounds for such protest.

b. All written protests must conform to the time requirements as set

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forth above. Failure to timely submit a protest may result in the disregard of a protest.

c. A protest under this section shall contain the following information:

i. The RFP number and description;

ii. The specific grounds for the protest including all arguments, materials, or other documentation in support of the protestor’s position; and

iii. A statement as to whether the protestor requests an opportunity for an in-person hearing and the reason(s) for the request. The opportunity for an in-person presentation is at the sole discretion of the MCIA Contracting Officer and subject to the terms set forth below.

d. Failure by a protestor to include all required information may result in a dismissal of the protest.

e. Protests accepted by MCIA shall be resolved in writing based on MCIA’s review of the record, including, but not limited to, the written protest, the terms, conditions and requirements of the RFP, pertinent administrative rules, statutes, and case law, and any associated documentation MCIA deems appropriate. In cases where no in-person hearing is held, the written record shall, in and of itself, constitute a hearing. The determination by MCIA shall be a final agency decision.

i. MCIA has the sole discretion to determine if an in-person presentation by the protestor is necessary to reach an informed decision on the matter(s) of the protest. In-person presentations are for the benefit of MCIA. MCIA also has the discretion to limit attendance at an in-person presentation, when granted.

ii. MCIA's decision will address only the issues raised originally by the protestor.

Request for Additional Information

a. MCIA’s Contracting Officer, or designee, is entitled to request, receive, and review copies of any/all records and documents deemed appropriate and relevant to the issues and arguments set forth in the protest. Upon receipt of a request by MCIA’s Contracting Officer, or designee, the protestor shall promptly provide the requested records and documents free of charge within the time frame specified by MCIA.

b. If a protestor fails to comply with the provisions of this section, such failure may constitute a reasonable basis for MCIA to resolve the

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protest against the protestor. Failure of a protestor to comply expeditiously with a request for information as specified by MCIA's Contracting Officer, or designee, may also result in determination of the protest without consideration of the additional information.

c. MCIA’S Contracting Officer, or designee, may also consider relevant information requested and received from other parties deemed appropriate by MCIA.

Procurement Process Status

Upon timely receipt of a protest, MCIA will delay the opening of Proposals until after resolution of the protest for protests filed prior to the Proposal submission date, or withhold award until after resolution of the protest for protests filed after Proposal receipt. However, MCIA may open proposals, bids or award a Contract whenever MCIA, at its sole discretion, determines that:

a. The items or work to be procured are urgently required; or

b. Delivery or performance will be unduly delayed by failure to make the award promptly; or

Failure to make prompt award will otherwise cause undue harm to MCIA.

F. REFERENCES

All plans, specifications and related work shall conform to but not be limited to the following governing bodies, regulations, and publications (latest editions):

• OSHA • Construction Specifications Institute • NJ Uniform Construction Code • Uniform Federal Accessibility Standards • American Railway Engineering and Maintenance Association (AREMA) • New Jersey State Fire Codes • NJ TRANSIT Sign Standards • AMTRAK ENGINEERING STATIONS STANDARD DESIGN PRACTICES (SDP) • Industrial Risks Insurers Standards • New Jersey Department of Environmental Protection (NJDEP) • United States Environmental Protection Agency (EPA) • United States Coast Guard

NJ TRANSIT is governed by Federal regulations mandated by the General Services Administration (GSA) and the Federal Transportation Administration (FTA), regulations specified by the Building Officials and Code Administration (BOCA) and all regulations derived from ADA. In addition, applicable FRA, AREMA and AASHTO standards will apply where NJ TRANSIT's standards are not given or are less restrictive.

In case of conflicts or inconsistencies with the above listed documents, MCIA in consultation with NJ TRANSIT shall resolve the conflict at its sole discretion.

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ATTACHMENTS

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ATTACHMENT A Technical Proposal Evaluation Criteria

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ATTACHMENT A

TECHNICAL PROPOSAL EVALUATION CRITERIA

The following criteria, listed in order of descending importance, will be used in evaluating the written proposals for the CONCEPTUAL, PRELIMINARY AND FINAL ENGINEERING SERVICES AND CONSTRUCTION ASSISTANCE SERVICES FOR THE NORTH BRUNSWICK TRAIN PLATFORM:

1. Qualifications of Key Individuals: Do the proposed task leaders/key staff members have the appropriate background, skills, experience to successfully advance the project? What is the time availability of these individuals? Are key staff members readily available?

2. Qualifications of the Proposed Project Manager: Does the proposed Project Manager have the demonstrated minimum qualifications requested in the RFP of relevant project experience with similar projects? Has the Consultant adequately dedicated the Project Manager’s time to successfully advance the project?

3. Qualifications of Proposer (s): Has the Proposer successfully designed and saw throughout construction similar projects? Does the Proposer have adequate resources and demonstrated technical expertise to sustain the Contract?

4. Person-power/Hours Allocation: Is the size and structure of the proposal team adequate to perform the Contract services for this project? Does the proposal have the appropriate person hour allocation for each task?

5. Technical Proposal: Does the Proposal demonstrate an understanding of the project? Was the scope of each task developed? Is the proposal responsive to the RFP, complete and through, clearly organized and well written?

6. Budget/Project Management: Does the management / control structure convincingly show that the proposed team can deliver projects on time, in budget and with high quality? Has the Proposer established a reasonable internal structure for processing a task assignment, including billing and progress reporting?

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Sample Oral Presentation (if required) Questions.

1. Will the Proposer help to achieve MCIA’s objectives for this Contract?

2. Did the presenters have roles in the presentation that corresponded to their roles in project organization?

3. Did the project team demonstrate expertise and prior experience in the technical aspects of the project?

4. Did the team display an understanding of the objectives and demonstrate technical skills and past experience to meet those objectives and deliver quality products?

5. Did the team demonstrate its ability to work effectively together and with MCIA project staff in a supportive manner?

6. Did key staff demonstrate their ability to make clear and effective presentations to diverse audiences?

7. If applicable, are the responses to the situational questions relevant and compelling given the anticipated work requirements and the purposes of this Contract?

Sample reference check questions:

1. Was the reference accurate and applicable to this assignment and proposed staff? 2. How would the reference rank the overall performance of the Proposer? 3. Would the reference hire the Proposer again? 4. Would they recommend the Proposer to perform this type of analysis? 5. Was the reference satisfied with the quality of the deliverables and work effort? 6. Did the firm maintain the availability of the individuals offered in the proposal? 7. Did the firm satisfactorily comply with all Contract provisions including: quality assurance, bonding, insurance and indemnification provisions? 8. Were there any significant problems with the work and how were the problems resolved? 9. Was the firm responsive and easy to work with? 10. Did the firm meet schedules? 11. Did the firm adhere to budgets? 12. Did the firm anticipate needs and keep the reference informed in a timely way about budget, schedule and problems? 13. Was the project manager effective in managing the work, representing the team and technically proficient? 14. Did the firm perform well in meetings and presentations? 15. If the firm was a prime contractor, did it manage its subcontractors well?

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ATTACHMENT B Cost Proposal Forms - Sample

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MIDDLESEX COUNTY IMPROVEMENT AUTHORITY REQUEST FOR PROPOSAL NO. 320

ATTACHMENT B-1

COST AND FEE FIRM RECAP – TEAM SUMMARY

TOTAL INDIRECT

DIRECT LABOR COST FIXED FEE DIRECT FIRM MAN HOURS SUBTOTAL TOTAL COST LABOR (OVERHEAD) @ XX% EXPENSES COST @ XXX.XX%

PRIME CONSULTANT

SUBCONSULTANT 1

SUBCONSULTANT 2

SUBCONSULTANT 3

SUBCONSULTANT 4

SUBCONSULTANT 5

TOTAL

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MIDDLESEX COUNTY IMPROVEMENT AUTHORITY REQUEST FOR PROPOSAL NO. 320

ATTACHMENT B-2 COST AND FEE TASKS RECAP – TEAM SUMMARY

TOTAL INDIRECT

DESCRIPTION DIRECT LABOR COST FIXED FEE DIRECT TASK MAN HOURS SUBTOTAL TOTAL COST LABOR (OVERHEAD) @ @ XX% EXPENSES COST XXX.XX%

TASK 1

TASK 2

TASK 3

TASK 4

TASK 5

TASK 6

TASK 7

TEAM TOTALS

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MIDDLESEX COUNTY IMPROVEMENT AUTHORITY REQUEST FOR PROPOSAL NO. 320 ATTACHMENT B-3 COST AND FEE TASKS RECAP BY FIRM

FIRM

INDIRECT TOTAL MAN- DIRECT FIXED LABOR COST DIRECT TOTAL TASK DESCRIPTION HOURS PER LABOR SUBTOTAL FEE (OVERHEAD) EXPENSES COST TASK COST @ XX% @ XXX.XX%

Task 1

Task 2

Task 3

Task 4

Task 5

Task 6

Task 7

FIRM TOTAL

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MIDDLESEX COUNTY IMPROVEMENT AUTHORITY REQUEST FOR PROPOSAL NO.320 ATTACHMENT B-4 PERSONNEL TEAM DETAIL TASK: FIRM:

TECHNICAL STAFF

STAFF PERSON/ PROJECT TITLE ESTIMATED HOURLY TOTAL CLASSIFICATION OR DISCIPLINE HOURS RATE SALARY

TOTAL ESTIMATED HOURS

SUPPORT STAFF

STAFF PERSON/ PROJECT TITLE ESTIMATED HOURLY TOTAL CLASSIFICATION OR DISCIPLINE HOURS RATE SALARY

TOTAL ESTIMATED HOURS

TOTAL SALARY (BARE COST) OVERHEAD @ XXX.XX% OF BARE COST

SUBTOTAL -- SALARY + OVERHEAD

FIXED FEE @ XX % OF BARE COST + OVERHEAD

DIRECT EXPENSES ITEMIZED

TOTAL DIRECT EXPENSES $

TOTAL THIS TASK

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MIDDLESEX COUNTY IMPROVEMENT AUTHORITY REQUEST FOR PROPOSAL NO. 320

ATTACHMENT B-5

STAFFING SCHEDULE BY FIRM

FIRM

STAFF PERSON PROJECT HOURLY TASK TASK TASK TASK TASK TASK TOTAL TOTAL INDIRECT LABOR COST TOTAL LABOR or TITLE RATE 1 2 3 4 5 6 HOURS DIRECT (OVERHEAD) COST CLASSIFICATION OR HRS HRS HRS HRS HRS HRS LABOR @XXX.XX% DISCIPLINE COST

TOTAL

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ATTACHMENT C

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REQUEST FOR PROPOSAL NO. 320

ATTACHMENT C SAMPLE MONTHY REPORT

EXECUTIVE SUMMARY

1.1 Activities Started/Ongoing 1.2 Activities Completed 1.3 Activity Completions Projected for Next Month 1.4 Problem Areas/Delays 1.5 Budget Summary

Authorized Authorized Authorized Phase I Phase II Phase III Budget Budget Budget Original Contract Amount Executed Change Orders Revised Contract Amount Pending Change Orders Total Amount Previously Invoiced Amount This Invoice Total Invoiced to Date % of Budgeted Amount % of Work Complete Estimated Cost to Complete Project Expenditures Next Month

2.0 Critical Issues 3.0 Schedule of Key deliverables 4.0 Schedule Summary 5.0 Invoices 7.1 Decisions Log

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REQUEST FOR PROPOSAL NO. 320

FOR THE NORTH BRUNSWICK TRAIN PLATFORM PROJECT

ATTACHMENT C DESIGN SCHEDULE

Task 1 Project Management Duration of Project

Task 2 Risk Management Duration of Project

Phase 1 Conceptual Engineering 2 Months from NTP for Phase 1

Phase 2 Preliminary Engineering 12 Months from NTP for Phase 2 (supports environmental approvals) Phase 3 Final Engineering - 12 Months from NTP for Phase 3 (includes Bid Phase Services) Phase 4 Construction Assistance Services TBD

The durations are for Consultant’s design only and do not include MCIA and other party QC review time for each Task.

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ATTACHMENT D

SELECTED SCENERIO

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Scenario 6A - Selected

Expected Train Volumes 20 trains going East 26 trains going West Off-Peak service available

North Brunswick

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EXHIBITS

137

EXHIBIT 1

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Rev. 5/2/16, 3/22/17, 7/3/18 FORM OF PROPOSAL DESIGN MIDDLESEX COUNTY IMPROVEMENT AUTHORITY, NEW JERSEY Board of Directors, Middlesex County Improvement Authority, Middlesex County, NJ

Gentlemen:

The undersigned hereby declares that they have carefully examined the “Scope for Professional Services” for the , Middlesex County Improvement Authority, NJ. Thus, the undersigned hereby declares that they have visited the site to examine existing conditions. They will provide all services for the successful completion of this project according to the “Scope of Professional Services” at a unit cost not to exceed price.

The undersigned hereby declares that, if their proposal is accepted, they shall have the necessary insurance coverage as required by Middlesex County Improvement Authority.

Total not to Exceed Price: Includes direct cost allowances AMTRAK/NJ Transit flagmen $150,000, of Specialized Testing $50,000, Permit Fees $40,000, Certified Mail for Utilities $1,000, and File Reproduction for Archival Storage $1,000). Dollar ( )

(AMOUNT IN WORDS) (IN NUMERALS)

Name of Firm or Individual: (TYPE OR PRINT)

Signature of Individual Or Authorized Officer: (SIGNATURE)

Title of Person Signing And Name if different From Name of Individual: (TYPE OR PRINT) Date of Proposal:

Firm or Individual’s Address, Phone, email (contact and billing) Fax Numbers: (contact email) (billing email)

(PHONE NUMBER) (FAX NUMBER) Tax ID number (Tax ID NUMBER)

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INSURANCE

The Consultant shall indicate within his proposal that the MCIA’s insurance requirement will be fulfilled. The MCIA’s insurance requirements are as follows:

Consultant shall carry and maintain at all times while the contract is in full force and effect, the following insurance coverage with an insurance company or companies acceptable to the County, with limits not less than those shown below. A Certificate of Insurance shall be filed with the County prior to commencement of the work. a. Consultants, Contractor(s) and Subcontractor(s) shall procure and maintain until issuance of the Final Certificate of Payment the types of insurance required by the Amtrak.

b. In addition, the Consultant, its contractor(s) and subcontractor(s) shall also maintain the insurance required by NJ TRANSIT as follows:

Commercial General Liability.

The Consultant shall and shall require its contractor(s) and subcontractor(s) to procure and maintain during the life of this Agreement, Commercial General Liability Insurance using ISO Occurrence Form CG000l 10/93 or equivalent. The policy shall provide a minimum amount of$2,000,000 each occurrence, $2,000,000 personal and advertising injury, $4,000,000 general aggregate and $4,000,000 products completed operations aggregate.

Coverage provided under this liability policy shall be on an occurrence basis and shall include, but not be limited to, bodily injury and property damage coverage including products liability/completed operations coverage, premises operations liability, blanket contractual liability, personal injury liability, independent contractors liability, mobile equipment, damage from explosion, collapse and underground hazards, and cross liability and severability of interests clause. Additional insured endorsement CG2026, 11/85, CG 2010 11/85 or CG 2010 10/93 (but only if modified to include both ongoing and completed operations).

Should it be required, the Consultant will provide Railroad Protective Comprehensive General Liability Insurance coverage for this Contract. The limits shall be $2,000,000 single limit and $6,000,000 in the aggregate.

Professional/Errors and Omissions Insurance.

The Consultant and its contractor(s) or subcontractor(s) shall provide and maintain and certify that they maintain, Errors and Omissions liability insurance with coverage of not less than $5,000,000 per claim and as an aggregate annual limit. Policy limits must be adequate to cover both the cost of defense and damages arising out of any resulting claims, judgments and court costs; such insurance shall apply to professional errors, acts, or omissions arising out of the scope of services covered by this

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Agreement.

Automobile Liability Insurance. The Consultant shall procure and maintain and shall require its contractor(s) and subcontractor(s) to procure and maintain during the life of this Agreement, Automobile Liability Insurance applicable to all owned, non-owned, hired or leased vehicles with a minimum of $2,000,000 combined single limit per accident for bodily injury and property damage liability. This policy shall name the Middlesex County, MCIA, NJ TRANSIT and the State of New Jersey as Additional Insureds.

Workers' Compensation Insurance.

The Consultants and its contractors and subcontractor(s) shall procure and maintain during the life of this Agreement, Workers' Compensation Insurance, as required by applicable State law, for all of its employees to be engaged in work at the site of the Project under this Agreement and, in case any such work is sublet, the contractor shall require its subcontractor similarly to provide Workers' Compensation Insurance for all of the latter's employees to be engaged in such work unless such employees are covered by the protection afforded by the Consultant or contractor's Workers' Compensation Insurance. In case any class of employees on the Project under this Agreement is not protected under the Workers' Compensation Statute, then the Consultant shall provide and shall cause each contractor or subcontractor to provide employer's liability insurance for the protection of such of its employees as are not otherwise protected. Limits of Employer Liability are as follows: Employer's Liability:

Bodily Injury by Accident accident

$1,000,000 each

Bodily Injury by Disease employee $1,000,000 each Bodily Injury by Disease limit $1,000,000 policy

In no event, whether under the provisions of this Agreement, as a result of breach of contract, Tort (including negligence) or otherwise, shall Middlesex County, MCIA, NJ TRANSIT or the State of New Jersey be liable to the Consultant or its contractors or subcontractors for special, consequential, incidental or penal damages including, but not limited to, loss of profit or revenues, loss of rental value for MCIA or contractor owned equipment, damages to associated equipment, additional risk, cost of capital or interest of any nature (whether characterized as damages for the retention of money, an increase in the cost of performance, a penalty, or otherwise).

Middlesex County, Middlesex County Improvement Authority, NJ Transit and AMTRAK shall be named as Additional Insured.

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EXHIBIT 2

142

ACKNOWLEDGMENT OF RECEIPT OF ADDENDA

Proposers are required to acknowledge receipt of all Addenda issued prior to the Proposal due date. This acknowledgment is made by the Proposer, if an individual; by a partner, if a partnership or limited liability partnership; or by an officer of the corporation, if a corporation or by a member, if a limited liability corporation.

The undersigned acknowledges receipt of the following Addenda.

Addendum Number Date

By: Signature of Company Official

Official's Title

Company Name

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EXHIBIT 3

144

EXHIBIT 3 STATE OF NEW JERSEY EQUAL EMPLOYMENT OPPORTUNITY PROVISIONS FOR PROCUREMENT, PROFESSIONAL AND SERVICE CONTRACTS

I. MANDATORY CONTRACT LANGUAGE MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE N.J.S.A. 10:5-31 et seq. (P.L. 1975, c. 127) N.J.A.C. 17:27

GOODS, PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS

During the performance of this contract, the contractor agrees as follows:

The contractor or subcontractor, where applicable, will not discriminate against any employee or applicant for employment because of age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Except with respect to affectional or sexual orientation and gender identity or expression, the contractor will ensure that equal employment opportunity is afforded to such applicants in recruitment and employment, and that employees are treated during employment, without regard to their age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Such equal employment opportunity shall include, but not limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Public Agency Compliance Officer setting forth provisions of this nondiscrimination clause.

The contractor or subcontractor, where applicable will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex.

The contractor or subcontractor will send to each labor union, with which it has a collective bargaining agreement, a notice, to be provided by the agency contracting officer advising the labor union of the contractor's commitments under this chapter and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

The contractor or subcontractor where applicable, agrees to comply with any regulations promulgated by the Treasurer pursuant to N.J.S.A. 10:5-31 et seq. as amended and supplemented from time to time and the Americans with Disabilities Act.

The contractor or subcontractor agrees to make good faith efforts to meet targeted county employment goals established in accordance with N.J.A.C. 17:27-5.2.

The contractor or subcontractor agrees to inform in writing appropriate recruitment agencies including, but not limited to, employment agencies, placement bureaus, colleges, universities, and labor unions, that it does not discriminate on the basis of age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or

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sex, and that it will discontinue the use of any recruitment agency which engages in direct or indirect discriminatory practices.

The contractor or subcontractor agrees to revise any of its testing procedures, if necessary, to assure that all personal testing conforms with the principles of job-related testing, as established by the statutes and court decisions of the State of New Jersey and as established by applicable Federal law and applicable Federal court decisions.

In conforming with the targeted employment goals, the contractor or subcontractor agrees to review all procedures relating to transfer, upgrading, downgrading and layoff to ensure that all such actions are taken without regard to age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity, or expression, disability, nationality or sex, consistent with the statutes and court decisions of the State of New Jersey, and applicable Federal law and applicable Federal court decisions.

The contractor shall submit to the public agency, after notification of award but prior to execution of a goods and services contract, one of the following three documents:

Letter of Federal Affirmative Action Plan Approval Certificate of Employee Information Report Employee Information Report Form AA302 (electronically provided by the Division and distributed to the public agency through the Division’s website at www.state.nj.us/treasury/contract_compliance)

The contractor and its subcontractors shall furnish such reports or other documents to the Division of Purchase & Property, CCAU, EEO Monitoring Program as may be requested by the office from time to time in order to carry out the purposes of these regulations, and public agencies shall furnish such information as may be requested by the Division of Purchase & Property CCAU EEO Monitoring Program for conducting a compliance investigation pursuant to Subchapter 10 of the Administrative Code (N.J.A.C. 17:27).

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EXHIBIT 4

147

(SBE/WBE/MBE/VBO) Guidelines

Procedures for Implementation of 40 CFR Part 31.136(e) and 15 U.S.C. 632 (Federal) Procedures for Implementation of N.J.A.C. 17:13 and 17:14 (SWVMB’s) and P.L. 2011 ch. 147 VBOs

The Consultant must fully comply with the requirements, terms, and conditions of the Federal and State policy to encourage contracting with business enterprises whose ownership is qualified or certified as one of the following or any combination thereof: 1. Small business enterprises (SBE’s) 2. Minority business enterprises (MBE’s) 3. Women business enterprises (WBE’s) 4. Veteran owned business enterprises (VBO’s) All participating consultants (including subcontractors) will take all necessary affirmative step and best efforts to afford small, women, minority and veteran owned business enterprises, and labor surplus firms the maximum practicable opportunity to participate in State-assisted contracts The guidelines below are to ensure that procedures are in place to ensure that good faith efforts will be undertaken to ensure that small businesses, minority firms, and women- owned and veteran-owned businesses can compete for and win a fair share of the contracts that are awarded by the MCIA.

Consultant’s Responsibilities The Consultant must fully comply with the requirements, terms and conditions of the N.J. State policy to award a fair share of sub agreements to small, women’s, minority and veteran owned business enterprises. The Consultant commits itself to take affirmative action contained herein prior to contract execution. The Consultant commits itself to take affirmative action steps contained herein prior to contract execution. Affirmative Actions required by Consultants - SBE/WBE/MBE/VBO UTILIZATION 1) When feasible, segmented total work required to permit maximum SBE/WBE/MBE/VBO participation. 148

2) Assuring that SBE/WBE/MBE/VBO business enterprises are solicited whenever they are potential sources of goods or services. This activity may includes; a. Sending letters or making other personal contacts with SBE/WBE/MBE/VBO firms. (Use the State of New Jersey website found at: https://www20.state.nj.us/TYTR_SAVI/vendorSearch.jsp) or other SBE/WBE/MBE/VBOs known to Consultant. SBE/WBE/MBE/VBOs should be contacted when other potential subcontractors are contacted, within reasonable time (fifteen days) prior to bid submission or closing date for receipt of initial offers. Such letters or other contacts should communicate the following: b. Specific descriptions of the work to be contracted; c. How and where to obtain a copy of plans and specifications or other detailed information needed to prepare a detailed price quotation; d. Date quotation is due to Consultant; e. Name, address, phone number of the person in the Consultant firm whom the prospective SBE/WBE/MBE/VBO subcontractor should contact for additional information. f. To demonstrate compliance with the 15% SBE Goal Assignment, the following information must be submitted with proposal; g. Name of the SBE/WBE/MBE/VBO firm(s), their address and contact persons h. Description of work to be performed by the SWMVBE firm; i. Aggregate dollar amount of work to be performed by the SWMVBE firm(s). 3) Good faith efforts including documentation of contracts made with SBE/WBE/MBE/VBO firms, including but not limited to; a. Description or contacts to SBE/WBE/MBE/VBO organizations, agencies and associations which serve SBE/WBE/MBE/VBOs, including names of organizations, agencies, associations and date(s) of contact; b. Description of contracts to SBE/WBE/MBE/VBO firms, including number of contacts, fields or trades (e.g. equipment or material supplier, excavators, transport services, electrical subcontractors, plumbers, etc.) and the date of contacts. 149

Additional Affirmative steps shall include: Mandatory Consultant Contract Language and Specifications; Inclusion of the following mandatory contract language goods and services, construction and professional services contract; 1) “Sub recipient and/or borrower agrees to use its best efforts to afford small business, women’s business, minority business and veteran owned business enterprises and Section 3 businesses, the maximum opportunity to participate in the performance of this contract. 2) Placing qualified small, minority, veterans and women owned business enterprises on solicitation lists; 3) Assuring that small and minority businesses and women’s and veteran’s business enterprises are solicited whenever they are potential sources; 4) Dividing total requirements, when economically feasible, into small tasks or quantities to permit maximum participation by small and minority businesses, and women’s and veterans business enterprises; 5) Establishing delivery schedules, where the requirement permits, which encourages participation by small and minority business and women’s and veteran’s business enterprises; 6) Using the services and assistance of the Small Business Administration, and the Minority Business Development Agency of the Department of Commerce; and 7) Requiring the prime contractor, if sub-contracts are to be let, to the affirmative steps listed above. 8) Directing bidding firms to use the New Jersey Department of Treasury, Division of Revenue – Small Business Registration and SWMVBE Certification Unit “NJ Selective Assistance Vendor Information (NJ SAVI) database at https://www20.state.nj.us/TYTR_SAVI/vendorSearch.jsp.

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EXHIBIT 5

151

STATEMENT OF JOINT VENTURE FOR PROFESSIONAL SERVICES

WE, THE UNDERSIGNED, BEING DULY SWORN ACCORDING TO LAW, UPON OUR RESPECTIVE OATHS DEPOSE AND SAY THAT:

1. THE CONSULTANT, UNDER WHOSE NAME WE HAVE AFFIXED OUR RESPECTIVE SIGNATURES, HAS DULY AUTHORIZED AND EMPOWERED US TO EXECUTE THIS STATEMENT OF JOINT VENTURE IN THE NAME OF AND ON BEHALF OF SUCH CONSULTANT FOR THE PURPOSES HEREIN FURTHER SET FORTH.

2. THE FOLLOWING NAMED CONSULTANTS:

(a) ...... ;...... ; ...... ; ( ) Individual ( ) Partnership ( ) Corporation

(b) ...... ;...... ; ...... ; ( ) Individual ( ) Partnership ( ) Corporation

(c)...... ;...... ; ...... ; ( ) Individual ( ) Partnership ( ) Corporation

HAVE ENTERED INTO A JOINT VENTURE FOR THE SPECIAL PURPOSE OF CARRYING ON THE WORK AND PROFESSIONAL SERVICES HEREINAFTER DESCRIBED.

3. UNDER THE PROVISIONS OF SUCH JOINT VENTURE THE ASSETS OF EACH OF THE CONSULTANTS NAMED IN PARAGRAPH 2 HEREOF, AND IN CASE ANY CONSULTANT SO NAMED ABOVE IS A PARTNERSHIP THE ASSETS OF THE INDIVIDUAL MEMBERS OF SUCH PARTNERSHIP, WILL BE AVAILABLE FOR THE PERFORMANCE OF SUCH JOINT VENTURE AND LIABLE THEREFOR AND FOR ALL OBLIGATIONS INCURRED IN CONNECTION THEREWITH.

4. THIS STATEMENT OF JOINT VENTURE IS EXECUTED SO THAT THE NAMED CONSULTANTS MAY, UNDER SUCH JOINT VENTURE, PROPOSE TO PERFORM THE WORK AND PROFESSIONAL SERVICES HEREIN MENTIONED AND THEY MAY, IF THE SUCCESSFUL PROPOSER THEREFOR, BE AWARDED THE CONTRACT FOR SUCH WORK AND PROFESSIONAL SERVICES. ANY CONTRACT RELATING TO THE WORK AND PROFESSIONAL SERVICES HEREINAFTER SPECIFIED SHALL BE EXECUTED BY ANY PERSON AUTHORIZED TO BIND ANY MEMBER OF THIS JOINT VENTURE, AND WHEN SO EXECUTED SHALL BIND THIS JOINT VENTURE AND EACH AND EVERY CONSULTANT NAMED HEREIN, SEVERALLY AND JOINTLY. SIMULTANEOUS WITH THE EXECUTION OF THE CONTRACT THE JOINT VENTURERS SHALL DESIGNATE AND APPOINT A PROJECT MANAGER/DIRECTOR TO ACT AS THEIR TRUE AND LAWFUL AGENT WITH FULL POWER AND AUTHORITY TO DO AND PERFORM ANY AND ALL ACTS OR THINGS NECESSARY TO CARRY OUT THE WORK AND PROFESSIONAL SERVICES SET FORTH IN SAID CONTRACT.

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STATEMENT OF JOINT VENTURE FOR PROFESSIONAL SERVICES

(Continued)

5. AS JOINT VENTURERS, WE BIND THE CONSULTANT FOR WHOM WE RESPECTIVELY EXECUTE THIS STATEMENT OF JOINT VENTURE IN FIRM AGREEMENT WITH MCIA THAT EACH OF THE REPRESENTATIONS HEREIN SET FORTH IS TRUE.

6. THE WORK AND PROFESSIONAL SERVICES FOR WHICH THIS JOINT VENTURE HAS BEEN ENTERED INTO IS IDENTIFIED AS:

......

SUBSCRIBED AND SWORN TO BEFORE ME, (a) ...... THIS ...... DAY OF ......

...... , 20 ...... (Name of Consultant)

BY ......

(Also type or print name of signer)

SUBSCRIBED AND SWORN TO

BEFORE ME, (b) ...... THIS ...... DAY OF ......

...... , 20 ...... (Name of Consultant)

BY ......

(Also type or print name of signer)

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SUBSCRIBED AND SWORN TO

BEFORE ME, (c) ...... THIS ...... DAY OF ......

...... , 20 ...... (Name of Consultant)

BY ......

(Also type or print name of signer)

TO BE EXECUTED BY EACH JOINT VENTURER

AUTHORIZATION AND DESIGNATION OF RESPECTIVE AFFIANTS TO THE STATEMENT OF JOINT VENTURE HERETO ATTACHED TO ACT FOR AND ON BEHALF OF THE CONSULTANTS NAMED IN PARAGRAPH 2 THEREOF:

(a) ...... HEREBY CERTIFIES THAT (Name of Consultant)

...... HAS BEEN AND IS HEREBY EMPOWERED (Name of Representative)

TO SIGN THE STATEMENT OF JOINT VENTURE ATTACHED HERETO AS THE AUTHORIZED REPRESENTATIVE OF ...... (Name of Consultant)

FOR THE SPECIAL PURPOSE THEREIN EXPRESSED.

ATTEST......

(SEAL NECESSARY IF CORPORATION) • • • • • • • (b) ...... HEREBY CERTIFIES THAT (Name of Consultant)

...... HAS BEEN AND IS HEREBY EMPOWERED (Name of Representative)

TO SIGN THE STATEMENT OF JOINT VENTURE ATTACHED HERETO AS THE AUTHORIZED

REPRESENTATIVE OF ...... (Name of Consultant)

FOR THE SPECIAL PURPOSE THEREIN EXPRESSED.

ATTEST......

(SEAL NECESSARY IF CORPORATION) • • • • • • • (c)...... HEREBY CERTIFIES THAT (Name of Consultant)

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...... HAS BEEN AND IS HEREBY EMPOWERED (Name of Representative)

TO SIGN THE STATEMENT OF JOINT VENTURE ATTACHED HERETO AS THE AUTHORIZED REPRESENTATIVE OF ...... (Name of Consultant)

FOR THE SPECIAL PURPOSE THEREIN EXPRESSED.

ATTEST......

(SEAL NECESSARY IF CORPORATION)

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EXHIBIT 6

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OWNERSHIP DISCLOSURE FORM

NUMBER : PAGE OPEN DATE : T-NUMBER : BIDDER : INSTRUCTIONS: Provide below the names, home addresses, dates of birth, offices held and any ownership interest of all officers of the firm named above. If additional space is necessary, provide on an attached sheet.

OWNERSHIP INTEREST NAME HOME ADDRESS DATE OF BIRTH OFFICE HELD (Shares Owned or % of Partnership)

INSTRUCTIONS: Provide below the names, home addresses, dates of birth, and ownership interest of all individuals not listed above, and any partnerships, corporations and any other owner having a 10% or greater interest in the firm named above. If a listed owner is a corporation or partnership, provide below the same information for the holders of 10% or more interest in that corporation or partnership. If additional space is necessary, provide that information on an attached sheet. Complete the certification at the bottom of this form. If this form has previously been submitted to the Purchase Bureau in connection with another bid, indicate changes, if any, where appropriate, and complete the certification below.

OWNERSHIP INTEREST NAME HOME ADDRESS DATE OF BIRTH OFFICE HELD (Shares Owned or % of Partnership)

COMPLETE ALL QUESTIONS BELOW YES NO 2. Within the past five years has another company or corporation had a 10% or greater interest in the firm identified above? (If yes, complete and attach a separate disclosure form reflecting previous ownership Interests.)

3. Has any person or entity listed in this form or its attachments ever been arrested, charged, indicted or convicted in a criminal or disorderly persons matter by the State of New Jersey, any other state or the U.S. Government? (If yes, attach a detailed explanation for each instance.)

4. Has any person or entity listed in this form or its attachments ever been suspended, debarred or otherwise declared ineligible by any agency of government from bidding or contracting to provide services, labor, material or supplies? (If yes, attach a detailed explanation for each instance.)

5. Are there now any criminal matters or debarment proceedings pending in which the firm and/or its officers and/or managers are involved? (If yes, attach a detailed explanation for each instance.)

6. Has any federal, state or local license, permit or other similar authorization, necessary to perform the work applied for herein and held or applied for by any person or entity listed in this form, been suspended or revoked, or been the subject of any pending proceedings specifically seeking or litigating the issue of suspension or revocation? (If yes to any part of this question, attach a detailed explanation for each instance.)

CERTIFICATION: I, being duly sworn upon my oath, hereby represent and state that the foregoing information and any attachments thereto to the best of my knowledge are true and complete. I acknowledge that the State of New Jersey is relying on the information contained herein and thereby acknowledge that I am under a continuing obligation from the date of this certification through the completion of any contracts with the State to notify the State in writing of any changes to the answers or information contained herein. I acknowledge that I am aware that it is a criminal offense to make a false statement or misrepresentation in this certification, and if I do so, I recognize that I am subject to criminal prosecution under the law and that it will also constitute a material breach of my agreement(s) with the State of New Jersey and that the State at its option, may declare any contract(s) resulting from this certification void and unenforceable.

Company Name: Signature:

Address: PRINT/TYPE (Name):

FEIN/SSN# Date:

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EXHIBIT 7

158

MCIA - SOURCE DISCLOSURE CERTIFICATION FORM

Consultant(Proposer): Contract Number:

The Consultant(Proposer) submits this form in response to an RFP issued by MCIA in accordance with the requirements of N.J.S.A. 52:34-13.2.

PART 1

□ All services will be performed by the Consultant(Proposer) and the Subconsultants in the United States. □ Skip part 2. PART 2

□ Services will be performed by the Consultant (Proposer) and/or Subconsultants outside of the United States.

Complete Part 2.

Where services will be performed outside the United States, please list every country where services will be performed by the Consultant (Proposer) and all Subconsultants. If any of the services cannot be performed within the United States, the Consultant (Proposer) shall state, with specificity, the reasons why the services cannot be performed in the United States. Attach additional sheets, if necessary. The Contracting Officer will review this justification and, if deemed sufficient, may seek approval of the Executive Director.

Name of Performance Description of Reason Why the Consultant Location by Service(s) to be Service(s) Cannot (Proposer)/ Country Performed Outside be Performed in Subconsultant the United States the U. S.

Any changes to the information set forth in this Certification during the term of any contract awarded under the referenced solicitation or extension thereof will be immediately reported by the Consultant (Proposer) to the Director of Contracts, MCIA Corporation, One Penn Plaza East, Cranbury, NJ 07105.

If during the term of the Contract, the Consultant (Proposer) shifts the location of any of the services outside the United States, without a prior to a written determination by the Contracting Officer, that the services cannot be performed in the United States, the Consultant(Proposer) shall be deemed in breach of Contract, and the Contract will be subject to termination for cause pursuant to Article 16 of the Professional Services Agreement.

CERTIFICATION

I, the undersigned, certify that I am authorized to execute this certification on behalf of the Consultant(Proposer), that the foregoing information and any attachments hereto, to the best of my knowledge are true and correct. I acknowledge that MCIA is relying on the information contained herein, and that the Consultant(Proposer) is under a continuing obligation from the date of this certification through the completion of any contract(s) with MCIA to notify MCIA in writing of any changes to the information contained herein; that I am aware that it is a criminal offense to make a false statement or misrepresentation in this certification. If I do so, I will be subject to criminal prosecution under the law, and it will constitute a material breach of my agreement(s) with MCIA, permitting MCIA to declare any contract(s) resulting from this certification to be void and unenforceable.

SIGNATURE DATE:

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EXHIBIT 8

160

. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM

Public Agency Instructions

This page provides guidance to public agencies entering into contracts with business entities that are required to file Political Contribution Disclosure forms with the agency. It is not intended to be provided to contractors. What follows are instructions on the use of form local units can provide to contractors that are required to disclose political contributions pursuant to N.J.S.A. 19:44A-20.26 (P.L. 2005, c. 271, s.2). Additional information on the process is available in Local Finance Notice 2006-1 (http://www.nj.gov/dca/divisions/dlgs/resources/lfns_2006.html). Please refer back to these instructions for the appropriate links, as the Local Finance Notices include links that are no longer operational.

1. The disclosure is required for all contracts in excess of $17,500 that are not awarded pursuant to a “fair and open” process (N.J.S.A. 19:44A-20.7). 2. Due to the potential length of some contractor submissions, the public agency should consider allowing data to be submitted in electronic form (i.e., spreadsheet, pdf file, etc.). Submissions must be kept with the contract documents or in an appropriate computer file and be available for public access. The form is worded to accept this alternate submission. The text should be amended if electronic submission will not be allowed. 3. The submission must be received from the contractor and on file at least 10 days prior to award of the contract. Resolutions of award should reflect that the disclosure has been received and is on file. 4. The contractor must disclose contributions made to candidate and party committees covering a wide range of public agencies, including all public agencies that have elected officials in the county of the public agency, state legislative positions, and various state entities. The Division of Local Government Services recommends that contractors be provided a list of the affected agencies. This will assist contractors in determining the campaign and political committees of the officials and candidates affected by the disclosure. a. The Division has prepared model disclosure forms for each county. They can be downloaded from the “County PCD Forms” link on the Pay-to-Play web site at http://www.nj.gov/dca/divisions/dlgs/programs/lpcl.html#12. They will be updated from time-to-time as necessary. b. A public agency using these forms should edit them to properly reflect the correct legislative district(s). As the forms are county-based, they list all legislative districts in each county. Districts that do not represent the public agency should be removed from the lists. c. Some contractors may find it easier to provide a single list that covers all contributions, regardless of the county. These submissions are appropriate and should be accepted. d. The form may be used “as-is”, subject to edits as described herein. e. The “Contractor Instructions” sheet is intended to be provided with the form. It is recommended that the Instructions and the form be printed on the same piece of paper. The form notes that the Instructions are printed on the back of the form; where that is not the case, the text should be edited accordingly. f. The form is a Word document and can be edited to meet local needs, and posted for download on web sites, used as an e-mail attachment, or provided as a printed document. 5. It is recommended that the contractor also complete a “Stockholder Disclosure Certification.” This will assist the local unit in its obligation to ensure that contractor did not make any prohibited contributions to the committees listed on the Business Entity Disclosure Certification in the 12 months prior to the contract. (See Local Finance Notice 2006-7 for additional information on this obligation at 161 http://www.nj.gov/dca/divisions/dlgs/resources/lfns_2006.html) A sample Certification form is part of this package and the instruction to complete it is included in the Contractor Instructions. NOTE: This section is not applicable to Boards of Education.

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C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM Contractor Instructions

Business entities (contractors) receiving contracts from a public agency that are NOT awarded pursuant to a “fair and open” process (defined at N.J.S.A. 19:44A-20.7) are subject to the provisions of P.L. 2005, c. 271, s.2 (N.J.S.A. 19:44A-20.26). This law provides that 10 days prior to the award of such a contract, the contractor shall disclose contributions to: • any State, county, or municipal committee of a political party • any legislative leadership committee* • any continuing political committee (a.k.a., political action committee) • any candidate committee of a candidate for, or holder of, an elective office: o of the public entity awarding the contract o of that county in which that public entity is located o of another public entity within that county o or of a legislative district in which that public entity is located or, when the public entity is a county, of any legislative district which includes all or part of the county The disclosure must list reportable contributions to any of the committees that exceed $300 per election cycle that were made during the 12 months prior to award of the contract. See N.J.S.A. 19:44A-8 and 19:44A-16 for more details on reportable contributions.

N.J.S.A. 19:44A-20.26 itemizes the parties from whom contributions must be disclosed when a business entity is not a natural person. This includes the following: • individuals with an “interest” ownership or control of more than 10% of the profits or assets of a business entity or 10% of the stock in the case of a business entity that is a corporation for profit • all principals, partners, officers, or directors of the business entity or their spouses • any subsidiaries directly or indirectly controlled by the business entity • IRS Code Section 527 New Jersey based organizations, directly or indirectly controlled by the business entity and filing as continuing political committees, (PACs). When the business entity is a natural person, “a contribution by that person’s spouse or child, residing therewith, shall be deemed to be a contribution by the business entity.” [N.J.S.A. 19:44A-20.26(b)] The contributor must be listed on the disclosure. Any business entity that fails to comply with the disclosure provisions shall be subject to a fine imposed by ELEC in an amount to be determined by the Commission which may be based upon the amount that the business entity failed to report. The enclosed list of agencies is provided to assist the contractor in identifying those public agencies whose elected official and/or candidate campaign committees are affected by the disclosure requirement. It is the contractor’s responsibility to identify the specific committees to which contributions may have been made and need to be disclosed. The disclosed information may exceed the minimum requirement. The enclosed form, a content-consistent facsimile, or an electronic data file containing the required details (along with a signed cover sheet) may be used as the contractor’s submission and is disclosable to the public under the Open Public Records Act. The contractor must also complete the attached Stockholder Disclosure Certification. This will assist the agency in meeting its obligations under the law. NOTE: This section does not apply to Board of Education contracts.

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N.J.S.A. 19:44A-3(s): “The term "legislative leadership committee" means a committee established, authorized to be established, or designated by the President of the Senate, the Minority Leader of the Senate, the Speaker of the General Assembly or the Minority Leader of the General Assembly pursuant to section 16 of P.L.1993, c.65 (C.19:44A-10.1) for the purpose of receiving contributions and making expenditures.”

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C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM Required Pursuant To N.J.S.A. 19:44A-20.26

COUNTY OF MIDDLESEX

This form or its permitted facsimile must be submitted to the local unit no later than 10 days prior to the award of the contract.

Part I – Vendor Information Vendor Name: Address: City: State: Zip:

The undersigned being authorized to certify, hereby certifies that the submission provided herein represents compliance with the provisions of N.J.S.A. 19:44A-20.26 and as represented by the Instructions accompanying this form.

______Signature Printed Name Title Part II – Contribution Disclosure

Disclosure requirement: Pursuant to N.J.S.A. 19:44A-20.26 this disclosure must include all reportable political contributions (more than $300 per election cycle) over the 12 months prior to submission to the committees of the government entities listed on the form provided by the local unit.

 Check here if disclosure is provided in electronic form.

Contributor Name Recipient Name Date Dollar Amount $

 Check here if the information is continued on subsequent page(s)

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Continuation Page C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM Required Pursuant To N.J.S.A. 19:44A-20.26

COUNTY OF MIDDLESEX

Page ___ of ______

Vendor Name:

Contributor Name Recipient Name Date Dollar Amount $

 Check here if the information is continued on subsequent page(s)

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List of Agencies with Elected Officials Required for Political Contribution Disclosure N.J.S.A. 19:44A-20.26 COUNTY OF MIDDLESEX

GState Elective Offices: Governor, and Legislative Leadership Committees Legislative District Numbers: 13, 14, 17, 18, 19, 22

District Elective Offices: One (1) State Senator Two (2) members of the General Assembly per district.

County: Freeholders, County Clerk, Sheriff, Surrogate

Municipalities (Mayor and members of governing body, regardless of title):

Carteret Borough Middlesex Borough Sayreville Borough Cranbury Township Milltown Borough South Amboy City Dunellen Borough Monroe Township South Brunswick Township East Brunswick Township New Brunswick City South Plainfield Borough Edison Township North Brunswick Township South River Borough Helmetta Borough Old Bridge Township Spotswood Borough Highland Park Borough Perth Amboy City Woodbridge Township Jamesburg Borough Piscataway Township Metuchen Borough Plainsboro Township

Boards of Education (Members of the Board):

Carteret Borough Metuchen Borough Sayreville Borough Cranbury Township Middlesex Borough South Amboy City Dunellen Borough Milltown Borough South Brunswick Township East Brunswick Township Monroe Township South Plainfield Borough Edison Township North Brunswick Township South River Borough Helmetta Borough Old Bridge Township Spotswood Borough Highland Park Borough Perth Amboy City West Windsor-Plainsboro Regional Jamesburg Borough Piscataway Township Woodbridge Township

Fire Districts (Board of Fire Commissioners):

East Brunswick Township Fire District No. 1 Piscataway Township Fire District No. 3 East Brunswick Township Fire District No. 2 Piscataway Township Fire District No. 4 East Brunswick Township Fire District No. 3 Plainsboro Township Fire District No. 1 Jamesburg Borough Fire District No. 1 South Brunswick Township Fire District No 1 Monroe Township Fire District No. 1 South Brunswick Township Fire District No. 2 Monroe Township Fire District No. 2 South Brunswick Township Fire District No. 3 Monroe Township Fire District No. 3 Woodbridge Township Fire District No. 1 Old Bridge Township Fire District No. 1 Woodbridge Township Fire District No. 2 Old Bridge Township Fire District No. 2 Woodbridge Township Fire District No. 4 Old Bridge Township Fire District No. 3 Woodbridge Township Fire District No. 5 Old Bridge Township Fire District No. 4 Woodbridge Township Fire District No. 7 Piscataway Township Fire District No. 1 Woodbridge Township Fire District No. 8 Piscataway Township Fire District No. 2 Woodbridge Township Fire District No. 9 167

Woodbridge Township Fire District No. 10 Woodbridge Township Fire District No. 11 Woodbridge Township Fire District No. 12

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EXHIBIT 9

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EXHIBIT 9 DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN

RFP No.: Proposer:

PART 1: CERTIFICATION BIDDERS MUST COMPLETE PART 1 BY CHECKING EITHER BOX. FAILURE TO CHECK ONE OF THE BOXES WILL RENDER THE PROPOSAL NON·RESPONSIVE. Pursuant to Public Law 2012, c. 25, any person or entity that submits a bid or proposal or otherwise proposes to enter into or renew a contract must complete the certification below to attest, under penalty of perjury, that neither the person or entity, nor any of its parents, subsidiaries, or affiliates, is identified on the State of New Jersey, Department of Treasury's Chapter 25 list as a person or entity engaging in investment activities in Iran. The Chapter 25 list is found at the following Website: http://www.state.nj.us/treasury/purchase/pdf/Chapter25List.pdf. Bidders must review this list prior to completing the below certification. Failure to complete the certification will render a bidder's proposal non-responsive. If the Director finds a person or entity to be in violation of law, s/he shall take action as may be appropriate and provided by law, rule or contract, including but not limited to, imposing sanctions, seeking compliance, recovering damages, declaring the party in default and seeking debarment or suspension of the party PLEASE CHECK THE APPROPRIATE BOX:

□ I certify, pursuant to Public Law 2012, c. 25, that neither the bidder listed above 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 pursuant to P.L. 2012, c. 25 ("Chapter 25 List"). I further certify that I am the person listed above, or I am an officer or representative of the entity listed above and am authorized to make this certification on its behalf. I will skip Part 2 and sign and complete the Certification below.

□ I am unable to certify as above because the bidder and/or one or more of its parents, subsidiaries, or affiliates is listed on the Department's Chapter 25 list. I will provide a detailed, accurate and precise description of the activities in Part 2 below and sign and complete the Certification below. Failure to provide such will result in the proposal being rendered as nonresponsive and appropriate penalties, fines and/or sanctions will be assessed as provided by law.

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PART 2: PLEASE PROVIDE FURTHER INFORMATION RELATED TO INVESTMENT ACTIVITIES IN IRAN

You must provide a detailed, accurate and precise description of the activities of the bidding person/entity, or one of its parents, subsidiaries or affiliates, engaging in the investment activities in Iran outlined above by completing the boxes below.

PLEASE PROVIDE THOROUGH ANSWERS TO EACH QUESTION. IF YOU NEED TO MAKE ADDITIONAL ENTRIES, PLEASE COPY AND COMPLETE THIS SHEET AND SUBMIT IT WITH YOUR BID.

Certification: I, being duly sworn upon my oath, hereby represent and state that the foregoing information a

nd any attachments thereto to the best of my knowledge are true and complete. I attest that I am authorized to execute this certification on behalf of the above-referenced person or entity. I acknowledge that the State of New Jersey is relying on the information contained herein and thereby acknowledge that I am under a continuing obligation from the date of this certification through the completion of any contracts with the State to notify the State in writing of any changes to the answers of information contained herein. I acknowledge that I am aware that it is a criminal offense to make a false statement or misrepresentation in this certification, and if I do so, I recognize that I am subject to criminal prosecution under the law and that it will also constitute a material breach of my agreement(s) with the State of New Jersey and that the State at its option may declare any contract(s) resulting from this certification void and unenforceable.

Full Name (Print): Signature:

TITLE DATE

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EXHIBIT 10

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CONTRACTOR’S CERTIFICATION OF ELIGIBILTY

The (Insert Name of Company) hereby certifies that it and its Subcontractors are not listed on the State of New Jersey, Department of Labor and Workforce Development, Division of Wages and Hour Compliance, Prevailing Wage Debarment List or on the State of New Jersey, Department of Treasury, Consolidated Debarment Report.

_(Insert Name of Company) and its Subcontractors has/have no exclusion(s) on the consolidated U.S. Government, Systems for Award Management (SAM) database located at www.SAM.gov.

I, being duly authorized, certify that the information supplied above is complete and correct to the best of my knowledge. I certify that all of the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment.

Signature

Type or Print Name

Title

Date

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EXHIBIT 11

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NON-COLLUSION AFFIDAVIT

STATE OF NEW JERSEY

COUNTY OF

I, of the City of in the County of and the State of of full age, being duly sworn according to law on my oath depose and say that:

I am of the firm Of the bidder making the Proposal for the above named project, and that I executed the said Proposal with full authority so to do; that said bidder has not, directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free, competitive bidding in connection with the above named project; and that all statements contained in said Proposal and in this affidavit are true and correct, and made with full knowledge that the State of New Jersey relies upon the truth of the statements contained in said Proposal and in the statements contained in this affidavit in awarding the contract for the said project.

I further warrant that no person or selling agency has been employed or retained to solicit or secure such contract upon agreement or understanding for a commission, percentage, brokerage or contingent fee, except bona fide employees or bona fide established commercial or selling agencies maintained by (Name of Contractor).

Signature

Type or Print Name

Subscribed and sworn to before me this

day of , 20

Notary Public of

My commission expires 20

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EXHIBIT 12

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IMPORTANT NOTICE TO ALL CONTRACTORS AND CONSULTANTS

MCIA is an instrumentality of Middlesex County and the State of New Jersey and its employees and officers, including members of the MCIA Board of Directors, are public servants. MCIA, its employees and officers are governed by a number of civil and criminal laws which control how MCIA and its personnel do business with contractors and consultants. These provisions include the Conflicts of Interest Law, N.J.S.A. 52:13D-12 and contain unequivocal and stringent restrictions relating to gifts and gratuities.

Be advised that the law prohibits the receipt of gifts and gratuities by any MCIA employee or officer from any person, company or entity doing business - or wanting to do business - with MCIA. Concomitantly, MCIA’s own Code of Ethics and Code of Ethics for Vendors, prohibits MCIA employees from accepting gifts and prohibits you, the contractors and consultants, from offering any gifts to any MCIA employee.

The term “gift” is broadly and widely defined. It includes all things and objects, tangible or intangible, including services, gratuities, meals, entertainment, tickets to events, access to membership clubs, travel costs, and lodging. Simply put, a “gift” is anything of value.

Do not, under any circumstance, tempt or put an MCIA employee in the awkward position of having to refuse a gift or return a gift, no matter how well intentioned or innocuous the gift may be in your eyes.

The bright line rule for you and your staff in doing business with MCIA is simple: Offer nothing and give nothing to any MCIA employee or officer. It is your responsibility to circulate this Notice in your company and educate accordingly all personnel who do business with MCIA.

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EXHIBIT 13

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MIDDLESEX COUNTY IMPROVEMENT AUTHORITY

CERTIFICATION FOR CONTRACTS, GRANTS, LOANS AND COOPERATIVE AGREEMENTS (Byrd Anti-Lobbying Certification)

The undersigned certifies, to the best of his or her knowledge and belief, that:

(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal Contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal Contract, grant, loan, or cooperative agreement.

(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal Contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit "Disclosure of Lobbying Activities," in accordance with its instructions.

(3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

Signature of Authorized Official

Print Name

Title

Firm

Date

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EXHIBIT 14

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Per Diem (Major Cities)* Effective October 1, 2017

* $51 Standard Meal Rate applies to all destinations not specifically listed Average Per Diem Rates are listed below A full listing of domestic Per Diem Rates can be found online at www.gsa.gov Current foreign Per Diem Rates can be found at http://aoprals.state.gov

MCIA TRAVEL & BUSINESS REIMBURSEMENT GUIDELINES FOR CONTRACTORS AND VENDORS

GENERAL:

All overnight travel must be authorized in writing by the Project Manager. Overnight lodging expenses for New York City are prohibited.

These guidelines are subject to periodic review and adjustment by MCIA.

Meals: MCIA has adopted the IRS-established “Major Cities” method for meal and incidental travel expenses within the continental United States.

The following table shows the average per diem rates for meals and incidental expenses while on travel. The M&IE rates differ by travel location. View the per diem rates for your destination to determine which M&IE rates apply.

$ $ $ $ $ $ 5 5 5 6 6 7 M&IE 1 4 9 4 9 4 Total ...... 0 0 0 0 0 0 0 0 0 0 0 0 Breakfast $ $ $ $ $ $ 1 1 1 1 1 1 1 2 3 5 6 7 ...... 0 0 0 0 0 0 0 0 0 0 0 0 Lunch $ $ $ $ $ $ 1 1 1 1 1 1 2 3 5 6 7 8 ...... 0 0 0 0 0 0 0 0 0 0 0 0 Dinner $ $ $ $ $ $ 2 2 2 2 3 3 3 4 6 8 1 4 ...... 0 0 0 0 0 0 0 0 0 0 0 0

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Incidentals $ $ $ $ $ $ 5 5 5 5 5 5 ...... 0 0 0 0 0 0 0 0 0 0 0 0

"Incidentals” as defined by the IRS include "fees and tips given to porters, baggage carries, bellhops, hotel maids, stewards and stewardesses and others on ships and hotel servants".

2. Conveyances: Travel expenses will be reimbursed subject to their reasonableness and subject to the following maximums (receipts required):

1. Air-Fare: When authorized in writing and only at the prevailing coach rates. First class travel costs are not reimbursable. 2. Rail or Bus: Only regular coach fares are reimbursable. 3. Automobile: Mileage will be reimbursed at a rate of $0.545 cents per mile. Mileage claims in excess of 30 miles one-way must be supported with documentation from a reputable online service (e.g. Map Quest). Gas, tolls and parking fees will be reimbursed only when validated by receipt.

3. Lodging: Reimbursed for single occupancy rates at reasonable, actual costs for the location. Lodging costs exceeding $140.00 per night require prior approval of the Project Manager.

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