County of Bergen Department of Planning & Engineering
REQUEST FOR PROPOSALS
C-21-002
PROFESSIONAL ENGINEERING SERVICES FOR THE PRELIMINARY ENGINEERING PHASE FOR THE REPLACEMENT OF THE EAST ANDERSON STREET/CEDAR LANE BRIDGE OVER THE HACKENSACK RIVER IN THE CITY OF HACKENSACK & TOWNSHIP OF TEANECK, BERGEN COUNTY, NEW JERSEY
JANUARY 2021
Joseph A. Femia, P.E. Director and County Engineer Bergen County Department of Planning & Engineering
TABLE OF CONTENTS Page No.
CONFIDENTIALITY CLAUSE ...... 3 NOTICE OF REQUEST FOR PROPOSALS ...... 4 I. PROJECT DESCRIPTION ………………………………………………………….. 6 LOCATION MAP ………………………………………………………… ...... 11 STRAIGHT LINE DIAGRAM ………………………………………………...... 12 II. SCOPE OF WORK …………………………………………………………………. .13 III. REQUEST FOR QUALIFICATIONS……………………….……..………….……. 14 IV. SCHEDULE …………………………………………………………………………. 34 V. STAFFING PLANS …………………………………………………………………. 34 VI. ESBE REQUIREMENT …………………………………………………………...... 35 VII. COST PROPOSAL ……………………………………………………………...... 35 VIII. PERFORMANCE EVALUATION ...... 36 IX. PERMISSION TO PUBLISH AND/OR PUBLICIZE FINDINGS ……………...... 36 PROPOSAL CHECKLIST ………………………………………………………...... 37 NEW JERSEY BUSINESS REGISTRATION REQUIREMENTS………………….38 NON-CONSTRUCTION (WITH SAMPLE) ……………………………………..…39 SIGNATURE PAGE ……………………………………………………………… ...40 PROPOSAL EVALUATION CRITERIA………………………………………….. ..41 PROPOSAL EVALUATION FORM ……………………………………………….. 43 SAMPLE PROJECT COST AND WORK HOUR PROPOSAL FORM ...... 44 SAMPLE PROFESSIONAL SERVICES AGREEMENT ...... 45 EXHIBITS ………………………………………………………………………………....74 Exhibit A: Value Engineering Summary Report Template. Exhibit B: Value Engineering Smart Solutions Workshop Report Template. Exhibit C: Local Concept Development Study for the East Anderson Street/Cedar Lane Bridge over the Hackensack River, City of Hackensack and Township of Teaneck (ELECTRONIC FORMAT ONLY). Exhibit D: Executive Order No. 142 Exhibit E: NJDOT Consultant Goal Compliance Reporting
CONFIDENTIALITY CLAUSE
ALL RECIPIENTS OF THIS RFP DOCUMENT AND ATTACHMENTS ARE INFORMED THAT ALL DOCUMENTS ARE TO BE SOLELY USED BY THE RECIPIENT FOR DEVELOPMENT OF THEIR PROPOSAL SUBMISSION TO BERGEN COUNTY. THE RECIPIENT IS PROHIBITED FROM USING DOCUMENTS FOR ANY OTHER PURPOSE INCLUDING BUT NOT LIMITED TO: ANY DISTRIBUTION OUTSIDE OF YOUR FIRM OR SUB-CONSULTANTS’ FIRMS; PUBLIC ADVERTISEMENT OR DISTRIBUTION; POSTING ON ANY INTERNET WEBSITE; OR USE IN ANY ADVERTISEMENT FOR THE FIRM. USE FOR ANY PURPOSE OTHER THAN THE PREPARATION OF YOUR PROPOSAL IS STRICTLY PROHIBITED.
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East Anderson Street/Cedar Lane Bridge Preliminary Engineering RFP
COUNTY OF BERGEN, STATE OF NEW JERSEY
NOTICE OF REQUEST FOR PROPOSALS
Notice is hereby given that the County of Bergen is requesting proposals and qualifications from consultants interested in providing professional engineering services for C-21-002 Preliminary Engineering for the East Anderson Street/Cedar Lane Bridge Replacement in the City of Hackensack and Township of Teaneck, Bergen County, New Jersey.
Proposals for the project must be submitted in a concealed electronic proposal and must include the following: • Consultant’s qualifications listing similar projects designed, technical experience & staffing; • Consultants are to submit all proposals electronically through the County of Bergen’s portal which may be accessed by www.bergenbids.com • A password protected cost proposal, password will be held by the consultant unless asked
Sealed electronic proposals shall be submitted electronically through the County of Bergen’s Bonfire Procurement hub which can be accessed at www.bergenbids.com no later than 12:00 P.M., prevailing time, on February 12th, 2021.
Interested consultants which consider themselves qualified for the anticipated work shall have expertise in the areas of roadway, bridge, and traffic design. Responses to this “Notice of RFP” will be rated based on the following criteria: Qualifications/ Experience of Firm in Similar Work, Qualifications/ Experience/ Ability of Key Personnel, Understanding of Scope of Work and Project Needs, Technical Approach, Project Schedule, Experience of Firm in Bergen County/NJDOT/FHWA Procedures, and Presentation of Proposal.
Interested consultants are invited to obtain the “Request for Proposals” documentation and supplemental electronic files free of charge at www.bergenbids.com, questions shall be submitted through the Bonfire platform and responded to accordingly. Interested consultants are informed that this is a federally funded project. The contract, if awarded, is subject to all pertinent federal, state and local laws, rules and regulations. Applicable regulations include, but are not necessarily limited to, Emerging Small Business Enterprise (ESBE) participation. The ESBE participation requirement for the project is minimum 13.23% of the total project cost.
It is suggested that the Consultant visit the site of the study area to make a personal inspection in order to ascertain the extent of the Preliminary Engineering Services. The Consultant shall indicate particular observations and insights regarding the site visit.
Request for Information (RFI) Deadline: All RFI’s must be submitted electronically through Bonfire no later than 12:00 P.M. on 3/05/2021.
Proposals are being solicited through a fair and open process in accordance with N.J.S.A. 19:44A-20.2, et seq., and as such, contractors are exempt from the limitations on making political contributions under that law. Further, for that reason, as well as language in the New Jersey’s Annual Appropriations Act, refusal to disclose campaign contributions otherwise required by N.J.S.A. 19:44A-20.2 et seq. and 19:44A-20.25 et seq., will not adversely affect your consideration for award. Respondents to this “Notice of RFP” are also required to comply with N.J.S.A. 10:5-31, et seq. (N.J.A.C. 17:27) (Equal Employment Opportunity), N.J.S.A. 52:32-44, et seq. (New Jersey Business Registration).
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East Anderson Street/Cedar Lane Bridge Preliminary Engineering RFP
Completeness of Proposals. Selection and award will be based on the proposer’s proposal and other items outlined in this RFP. Submitted responses may not include references to information located elsewhere, such as Internet websites or libraries, unless specifically requested. Information or materials presented by proposers outside the formal response or subsequent discussion may not be considered.
Opportunity for Discussion and/or Oral Presentation/Product Demonstration. After receipt of all proposals and prior to the determination of the award, the County may initiate discussions with one or more proposers should clarification be necessary. Proposers may also be required to make an oral presentation and/or product demonstration to clarify their RFP response or to further define their offer. In either case, proposers should be prepared to send qualified personnel to Bergen County to discuss technical and contractual aspects of the proposal. Oral presentations/demonstrations, if requested, shall be at the proposer’s expense.
Evaluation Committee Recommendation for Contract Award. The evaluation committee will provide a written recommendation for contract award to the procurement officer that contains the scores, justification and rationale for its decision. The procurement officer will review the recommendation to ensure its compliance with the RFP process and criteria before concurring in the evaluation committee’s recommendation.
Request for Documents Notice. Upon concurrence with the evaluation committee’s recommendation for contract award, the procurement officer will issue a “Request for Documents Notice” to the highest scoring proposer to obtain the required insurance documents, contract performance security, and any other necessary documents. Receipt of the “Request for Documents Notice” does not constitute a contract and no work may begin until a contract signed by all parties is in place.
Contract Award. Contract award, if any, will be made to the highest scoring proposer who provides all required documents. A formal contract incorporating this RFP, including all necessary attachments, and the selected proposal, will be executed by all parties.
County’s Rights Reserved. While the County has every intention to award a contract as a result of this RFP, issuance of the RFP in no way constitutes a commitment by the County to award and execute a contract. Upon a determination that such action would be in its best interest, the County, in its sole discretion, reserves the right to cancel or terminate this RFP; reject any or all proposals received in response to this RFP; waive any undesirable, inconsequential, or inconsistent provisions of this RFP which would not have significant impact on any proposal; not award if it is in the best interest of the County not to proceed with contract execution; or if awarded, terminate any contract if the County determines adequate funds are not available.
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East Anderson Street/Cedar Lane Bridge Preliminary Engineering RFP
I. PROJECT DESCRIPTION
The County of Bergen, through a federally funded Local Capital Project Delivery (LCPD) Program administered by North Jersey Transportation Planning Authority (NJTPA), has, in close cooperation with New Jersey Department of Transportation (NJDOT) Local Aid District 2, undertaken the East Anderson Street/Cedar Lane Bridge (State Structure No. 020023A/County Structure No. 23A) bridge replacement project to address critical structural deficiencies, geometric and operational deficiencies, to better accommodate all modes of transportation, walking, bicycling, public transit and to provide ADA compliant pedestrian facilities. The intent of this project is to replace the existing structure to support current AASHTO’s HL-93 Truck model and reopen 4 lanes of through traffic within the project limits of this important multimodal link between Hackensack and Teaneck along CR 60 (see page 10 Location Map) through bridge replacement, improvements to current roadway geometry and intersection approach configurations, and the elimination of substandard roadway elements. The Local Concept Development (LCD) phase of the LCPD Program for the East Anderson Street/Cedar Lane Bridge replacement project has been recently completed and the project has been approved to advance to the Local Preliminary Engineering (LPE) phase. Bergen County, in cooperation with the NJTPA and NJDOT, is requesting the services of a consulting engineering firm. The consultant is to provide preliminary engineering and environmental services for the replacement of the East Anderson Street/Cedar Lane Bridge and improvements to CR 60 roadway corridor between River Street, Hackensack and River Road, Teaneck. County Bridge 23A lies immediately east of the intersection on River Street and spans the Hackensack River.
East Anderson Street/Cedar Lane is an east/west Urban Minor Arterial designated as County Route 60 by Bergen County and according to the NJDOT 2015 Straight line Diagram, see page 11. The project limits along East Anderson Street/Cedar Lane are from the west terminus Mile Post (MP) 0.25 to the east terminus (MP) 0.62, from the intersection with River Street (CR503) to the intersection with of River Road.
The preliminary engineering plans and environmental documentation for the proposed improvements must be developed based on the Preliminary Preferred Alternative (PPA) selected in the LCD phase to best meet the project purpose and need statement. The PPA is described in the LCD Report, dated June, 2020 (page 33). The project will include the replacement of East Anderson Street/Cedar Lane Bridge and roadway improvements along CR 60 between River Street, Hackensack and River Road, Teaneck. The Project goal is to address structural and geometric deficiencies of the East Anderson Street/Cedar Lane Bridge over the Hackensack River and to provide safe, efficient and reliable passage for all modes of transportation as outlined in the LCD report. The existing roadway is two lanes in each direction with the exception of a left–turn only lane and right-turn only lane onto River Street and a left-turn only lane onto River Road.
The East Anderson Street/Cedar Lane Bridge (020023A) is a 6-span concrete prestressed box beam bridge, constructed in 1971. The structure is 304’ long by 74’ wide with four-12’ lanes, 5’ concrete sidewalks along both sides and 1’ inner and outer shoulders supported on reinforced concrete pier caps and concrete filled steel pipe piles. The existing bridge is in overall critical condition and is structurally deficient and functionally obsolete due to geometry. In 2012 due to structural deficiencies, a weight restriction was instituted, barring trucks, buses, and other vehicles over 15 tons from crossing the span. The two outer lanes of the bridge were also closed at that time and still remain closed.
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East Anderson Street/Cedar Lane Bridge Preliminary Engineering RFP
The LCD phase recommendations for bridge replacement and major improvements are outlined in the Preliminary Preferred Alternative 5B2 which has been selected to provide a 4-span concrete bridge replacement that re-aligns the bridge horizontally to the south with widening to accommodate 8’ shoulders and 11’ striped median. The Project consists of replacing the bridge with a 4-span bridge with prestressed concrete I-beams and multi-column piers with a reinforced concrete deck slab. The proposed superstructure length will be 324’ (center-to-center of abutment bearings) with an MSE wall wrapped around semi-integral abutments. Existing piers will be removed and replaced with 3 piers that meet current standards and will have drilled shaft supported foundations with drilled shaft lengths of at least 115’ designed to accommodate scour. The new abutments will be constructed in front of the existing abutments. Proposed girder types/depths, and details of the new abutment type and cantilever, are to be developed during the design phase. The proposed improvements will eliminate the following bridge deficiencies: Critical bridge condition; Substandard bridge rail; Substandard guide rail attachment; Substandard right shoulder; Scour critical; Substandard cross slopes. For the approach roadway section, the project will improve the right shoulder. The cross slope will be corrected. The roadway profile of the bridge will be slightly raised to optimize the beam/structure depth and limit impacts to the hydraulic opening. The horizontal alignment of the bridge will be shifted to the south to maintain two lanes of traffic and to reduce the number of stages and duration of construction. This alternative widens the bridge to an out-to-out width of 90’-2” and provides a 6’ sidewalk, an 8’ shoulder, two 12’ travel lanes in each direction, and an 11’ center striped median.
Additional project Goals and Objectives include:
• Provide bicycle compatibility and connectivity within the project limits as feasible. • Provide ADA compliant pedestrian facilities and crossings within the project limits. • Provide pedestrian lighting on the structure. • Provide water access for emergency personnel. • Provide a communications conduit for fiber optic cables for emergency services. • Implement structural improvements to accommodate the weight of trucks and buses. • Implement context sensitive design solutions. • Avoid delays or disruptions caused by structural deficiencies. • Avoid or minimize impacts to social, economic and environmental resources. • Avoid or minimize complete or long-term roadway closures during construction by use of staged construction. • Perform a study to investigate the feasibility of constructing a connecting trail under the bridge in front of the East Abutment for continuity of the Hackensack River Walkway/Greenway Corridor.
System Linkage
The East Anderson Street Bridge is a critical piece of Bergen County’s infrastructure and provides an important multimodal link within the regional transportation network. Prior to the weight restrictions on the bridge instituted in 2012, multiple NJTRANSIT bus routes used this bridge to access the Hackensack Bus Terminal, located 0.7 miles south of the bridge on River Street. The bridge is still utilized by cars, pedestrians, and bicyclists; its connectivity is vital to the local economy and community. East Anderson Street/Cedar Lane (County Route 60) connects Hackensack to Teaneck. The Hackensack Bus Terminal is a crucial multimodal hub that provides access to 13 NJTRANSIT Bus Routes. The weight restrictions on the bridge have resulted in buses taking detours to access the terminal resulting in schedule delays and other externalized costs for commuters and NJTRANSIT. 7
East Anderson Street/Cedar Lane Bridge Preliminary Engineering RFP
The weight restriction also limits access for trucks, which inconveniences the businesses in the area that utilized the bridge and now also face a detour. The East Anderson Street Bridge is a critical transportation connection for communities, businesses, residents, and commuters in the area. It also serves as a critical crossing for emergency services access to both Holy Name Hospital and Hackensack Hospital. In addition to vehicles, the East Anderson Street Bridge is utilized by bicyclists and pedestrians. Sidewalks are provided along both sides of the bridge. Shoulders to accommodate bicycles are currently not provided.
Land Use
According to field checks, land uses in the surrounding area are generally comprised of commercial, recreational and residential properties with some light industrial.
The project will integrate preliminary engineering with the NEPA process to ensure that the recommended improvements will satisfy the project needs, will receive the necessary environmental clearances, and receive Federal, State, and local approvals. This LPE project will provide Bergen County, the North Jersey Transportation Planning Authority and New Jersey Department of Transportation sufficient information to establish final design parameters and estimated costs in the early stages of project development, thereby minimizing unanticipated delays and cost escalations.
The LPE phase involves performing engineering tasks and technical environmental studies in order to: obtain an approved environmental document (i.e. NEPA document) from FHWA; design level mapping; and obtain community consensus (through a public information center). A number of activities based on the PPA occur during the LPE phase such as community involvement (meeting with affected property or business owners), agency consultation, environmental documentation, design level mapping and design services. To obtain the formal community consensus, a public information session will be held during the LPE phase which may lead to some minor adjustments to the PPA. Ultimately, the local elected representatives will be asked to provide a resolution of support endorsing the project.
The project’s baseline budget and schedule, covering the Final Design, Right of Way Acquisition and Construction phases, will be prepared and funding needed to initiate these phases secured in the Transportation Improvement Program (TIP).
The work conducted during this phase will be based on the PPA and will include but not be limited to the following:
• Development of design level base plans; • Development of geometric design (horizontal/vertical alignment, type, size, location, etc.) sufficient to clarify environmental impacts and right-of-way impacts; • Utility discovery and verification; • Preliminary Geotechnical Engineering Report for foundation system and pavement design; • Preliminary drainage design; • Preliminary bridge design; • Preliminary detour and construction staging plans; • Value engineering; • Maintenance and construcatability review including identifying construction access points to the river; • Development of property acquisition cost estimates and project construction cost estimates; • Development of environmental document; 8
East Anderson Street/Cedar Lane Bridge Preliminary Engineering RFP
• Development of jurisdictional Agreement; • Development of Cultural Resource Report (phase I & II); and • Development of Design Exception Report
For this LPE phase for the East Anderson Street/Cedar Lane Bridge over the Hackensack River (State Structure No. 020023A/County Structure No. 23A) bridge replacement project, the Consultant will review all existing materials, perform all necessary field work, investigate various additional improvement alternatives as necessary, and develop preliminary engineering plans based on the PPA selected in the East Anderson Street/Cedar Lane Bridge over the Hackensack River LCD phase. In addition, an Environmental Clearance will be required for this LPE phase in conformance with NEPA and FHWA regulations. As determined in the East Anderson Street/Cedar Lane Bridge over the Hackensack River LCD phase, it is anticipated that the project will result in minimal adverse impacts to regulated resources. The project satisfies the Categorical Exclusion (CE) definition outlined in 23 CFR 771.117 (a) and will not result in significant environmental impacts. The project is categorized as CE under 23 CFR 711.117(d)3 – Bridge rehabilitation, reconstruction or replacement or the construction of grade separation to replace existing at-grade railroad crossings. A Categorical Exclusion Documentation (CED) will be required for this bridge replacement project which will have to be completed under the LPE phase. As a minimum, this LPE phase project will include:
• Review the LCD report including the PPA and the NJDOT LPE Scope Statement • Verification and review of any additional proposed/anticipated development within the East Anderson Street/Cedar Lane Bridge over the Hackensack River project limits not included in the LCD report • Performance of all necessary field work • Determine/verify the extent of cultural resources, including historic and/or archeological significance, within the project corridor area and prepare reports as necessary • Identify all necessary Federal, State, and local permits • Section 106 Documentation, Cultural Resources Survey, ACHP - Adverse Effect Summary Documentation and Memorandum of Agreement • Complete a Categorical Exclusion Documentation (CED) • Value engineering, constructability and maintenance review • Preliminary design report and preliminary engineering plans based on the PPA • Final scope of work for final design and construction cost estimates
Interested firms are advised to contact Joseph Baladi, P.E., at the Department of Planning & Engineering at (201) 336-6428 with any questions
Information not available at the Bergen County Engineer’s Office but required for the project must be obtained from respective agencies (local municipalities, NJDOT, etc.).
The deliverable products of this LPE project, as a minimum, shall consist of: • Design Report • Design Exception Report (if needed) • Preliminary Engineering Plans • Preliminary Cost Estimates • Completed Categorical Exclusion Documentation (CED) • Cultural Resources Report • Final Design Scope Statement 9
East Anderson Street/Cedar Lane Bridge Preliminary Engineering RFP
• Final design estimate and construction cost estimate.
Interested firms are informed that this is a federally funded project and all pertinent federal, state, and local laws, rules, regulations and requirements apply. Applicable requirements include, but are not necessarily limited to, submission of a separately sealed cost proposal from the technical proposal at the time of the proposal submission and details of how the minimum 13.23% Emerging Small Business Enterprise (ESBE) participation requirement will be met.
The objective of this LPE phase of the project is to provide Bergen County with sufficient information of the project corridor, preliminary engineering data to secure an approved environmental document, quantify the magnitude of the project, better define the project costs, and expedite the final design process in a phased manner.
These deliverable products will be submitted to Bergen County, the County will then submit to NJTPA/NJDOT for review, distribution to other reviewing agencies as necessary, and approval. FHWA, NJDOT, and NJTPA approvals are required for the project to be eligible for Federal funding of final design, right-of-way acquisition, construction, and allows project eligibility for inclusion in the Transportation Improvement Program (TIP).
Available Supplemental Documents
The following supplemental documents are provided on portable USB drives for use by respondents to the RFP:
• Local Concept Development Study for East Anderson Street/Cedar Lane Bridge over the Hackensack River, City of Hackensack and Township of Teaneck, County of Bergen – June, 2020
• Bridge Re-Evaluation Survey Report – (State Structure No. 020023A/County Structure No. 23A) East Anderson Street (CR 60) over Hackensack River, Hackensack City, Bergen County – May 2, 2018
Firms in possession of the above documents are prohibited from any type of reproduction, publishing, or public release of the documents and agree that the documents will only be used by the firm for preparation of this proposal.
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East Anderson Street/Cedar Lane Bridge Preliminary Engineering RFP
Location Map
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East Anderson Street/Cedar Lane Bridge Preliminary Engineering RFP
Straight Line Diagram for CR 60 East Anderson Street / Cedar Lane
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East Anderson Street/Cedar Lane Bridge Preliminary Engineering RFP
II. SCOPE OF WORK
The scope of work (SOW) outlined below contains the required elements to successfully complete the LPE phase of the Local Capital Project Delivery (LCPD) Program, and to be eligible to receive federal funding for final design, right-of-way acquisition and construction. The Consultant is reminded to thoroughly review the LCD report including the PPA and the NJDOT LPE Scope Statement and any other available information at the Bergen County Engineer’s Office, as well as to determine the adequacy of the said information to be utilized for this project. The Consultant is required to utilize the available information for the proposal and the project to the greatest extent possible. Any additional work deemed necessary by the Consultant to verify and/or supplement the existing report (s) and plans beyond those described in the SOW contained herein must be identified, justified and the scope of additional work clearly detailed in the proposal. Additional civil, structural, environmental, construction services or other analyses/design/tasks beyond that described in this SOW, but which the Consultant believes are necessary to complete this project, must be approved prior to the acceptance of the Consultant’s final proposal.
The Consultant shall re-evaluate the PPA in view of any new development projects proposed within the project limits and determine if any additional modifications to the PPA are required to accommodate any proposed development based on the off-site improvements proposed by the developer and approved by the County. The Consultant shall provide all labor and materials necessary to document any new developments.
All deliverables must be submitted first in draft form, and then revised based on comments received from County project manager. Following revisions, five (5) copies of final documents shall be submitted.
All final project deliverables shall be submitted in electronic format on portable USB drives. Memorandum, reports and plans shall be submitted to County in both PDF format and editable format (i.e. Microsoft Word for text; Microsoft Excel for graphs and tables; or Microsoft PowerPoint for graphics; as applicable). Two printed hard copies of all final work products including but not limited to final reports, appendices, full size plans, specifications, etc…shall also be submitted to the County for record keeping purposes. All GIS datasets and CADD files shall be consistent with Bergen County’s requirements.
The Consultant shall be responsible for establishing contacts and coordinating the design with other owners/agencies whose facilities or operations have an impact upon or will be impacted by, or are adjacent to the project, in order to obtain their consent, requirements or concerns. The New Jersey Department of Transportation Standard Specifications for Road and Bridge Construction (2019 Edition) and the most current NJDOT Supplemental Specifications for Federal Aid Projects shall be utilized in preparing preliminary engineering plans, preliminary cost estimates, and final design and construction cost estimates.
The design of the project shall conform to the LCD Phase’s Preliminary Preferred Alternative and as approved by the FHWA/New Jersey Department of Transportation (NJDOT). The scope of work shall include, but not be limited to, the items listed below. These activities are to be considered a starting point for the Consultant to configure their proposals and the Consultant is encouraged to develop their proposal in a manner most appropriate to effectively accomplish the stated goals of the project and produce quality deliverables. Note that although these activities are presented below in sequential order, the Consultant might find it beneficial to conduct work on different activities in parallel; detailed budgets shall be provided for each specific activity. 13
East Anderson Street/Cedar Lane Bridge Preliminary Engineering RFP
III. REQUEST FOR QUALIFICATIONS FOR CONSULTING ENGINEERING SERVICES
Respondent shall present the firm’s latest Qualifications, including licenses in the State of New Jersey, and provide a list of professional staff that will work on the project. Qualifications shall include a list of projects of similar size and scope that the firm and professional staff assigned to the project have completed.
The project consists of Preliminary Engineering for the replacement of East Anderson Street/Cedar Lane Bridge over the Hackensack River as outlined in the Local Concept Development Report. Designer is advised that the LCD report includes a Scope Statement for Preliminary Engineering and is available to the Bidder. The work shall consist of full Consulting Engineering Services, including labor, equipment and every other item of expense necessary to inspect the bridge and project site, design the improvements, and prepare Preliminary Construction Plans and Specifications.
A. Project Management
This activity shall include performing project management duties and responsibilities necessary to advance the project through LPE, and in accordance with the Local Project Delivery Guide (LPDG) process. The LPDG process is available on NJTPA’s website. Work effort associated with this task shall include budgeting, scheduling, reporting, meetings coordination and reviews.
The Consultant shall establish an effective means of coordinating and reporting its activities with the County, NJTPA and NJDOT throughout the course of the project to ensure an expeditious exchange of information. The Consultant must also coordinate and report all activities to NJDOT Bureau of Environmental Program Resources (NJDOT BEPR) and NJDOT Local Aid (NJDOT LA). A detailed project schedule shall be submitted at the kick-off meeting for review and approval, and reviewed regularly during the course of the project.
Administrative activities shall include the preparation and filing of all project correspondences, memorandums, meeting minutes, transmittals, etc. in both hard and electronic media.
The Consultant shall develop and maintain a project schedule for the project duration which shall identify all project milestones. Task duration shall be shown in number of weeks. The project schedule shall be distributed on a quarterly basis. The Consultant will identify and provide justification for deviations from the standing project schedule or budget.
Quality Assurance and Quality Control Plans The Consultant shall develop and submit in the technical proposal a quality assurance and quality control plan which is to be used to achieve and sustain a high standard of performance by Consultant personnel. The plan shall include quality control organization, employee responsibilities, and specific procedures that are to be followed to ensure the quality of the product.
Progress Meetings and Agency Coordination The Consultant shall be responsible for coordinating all project meetings, and prepare and distribute all meeting agendas including handouts if applicable, and minutes. All design related and decision making actions shall be noted in the Design Communication Report (DCR), as further described below. The number of meetings will vary and shall be reflected in the Consultant’s technical proposal, for 14
East Anderson Street/Cedar Lane Bridge Preliminary Engineering RFP review and approval by the NJTPA, NJDOT and County. These meetings may include the following:
• Local Public Officials Meetings • Status Meetings - Monthly Conference Call - Bi-Monthly sit-down meetings • Stakeholder Meetings (Regulatory Agencies, Property Owners, Interest Groups, etc.) • Public meetings with local town Councils and Commissions, if deemed necessary
The Consultant is responsible for the preparation of any necessary displays, presentations, handouts for these meetings. The Consultant shall also be responsible for documentation of all such meetings and will forward copies of said documentation to the County.
Monthly Invoicing/Progress Reports Monthly progress reports shall be submitted to the County summarizing the progress on the various tasks/subtasks. The reports shall depict the percentage of work finished and the amount of funds and man-hours expended for each task. Included in the monthly report will be a detailed narrative of work performed that period, if the project is on schedule or identifying and justifying schedule slippages, and an updated project schedule. The reports shall also include the breakdown of the work performed by ESBE firms with the completion of NJDOT – Monthly Utilization Form.
Federal Requirements This project is federally funded. Federally funded projects are required to follow the federal process. It is the responsibility of the Consultant to be up to date on all federally required reporting procedures and forms and to make required submissions on time through the contract close-out.
Interagency Review Meetings The Interagency Review Committee (IRC) is comprised of representatives from NJTPA, NJDOT-LA, NJDOT-BEPR, and Subject Matter Experts (SMEs) to determine whether or not the Section 4(f) and 106 Documents have incorporated the necessary documentation to support the adverse effects. An IRC meeting will be scheduled by the NJTPA after the approved Memorandum of Agreement (MOA) and the completion of the environmental documents. The Consultant shall coordinate with the IRC regarding the meeting agenda topics and objectives. A minimum of two meetings are to be scheduled with the IRC.
Value Engineering and Constructability Review A Constructability Review (CR) will be performed by the consultant. Value Engineering (VE) is required in accordance with 23 CFR 627 and will be conducted by an independent multidisciplinary team hired as a sub-contractor by the Consultant or from within the Consultant firm selected by the County. The multidisciplinary team must be composed of individuals who are not directly involved in the planning or design of the project, with at least one individual who has the training and experience required to lead the VE analysis (as specified in 23 CFR 627.9(d)(1)). Refer to Exhibit A for Federal Aid Value Engineering Summary Report and Template. The Consultant shall coordinate with the VE Consultant in their efforts to perform these investigations by providing pertinent documentation, calculations and drawings.
Design Communication Report (DCR) The Consultant shall maintain a Design Communication Report (DCR) throughout the LPE Phase consistent with NJDOT guidelines. The DCR shall provide a record of all relevant communication, decisions, agreements and approvals that occur between the Consultant, County, IRC and stakeholders. 15
East Anderson Street/Cedar Lane Bridge Preliminary Engineering RFP
The Consultant shall clearly outline in their Proposal the methods and procedures for maintaining the DCR.
Work Tasks:
• A detailed schedule to be submitted at the kick-off meeting for the County, NJTPA and NJDOT review and approval. Interim schedule updates also will be provided on a quarterly basis and as needed. • Design Communication Report • Value Engineering Report • Meeting agendas (including necessary handouts/presentations) and minutes, including written summaries of all project management meetings. • Monthly progress reports and progress schedule, corresponding to the invoices. • Monthly NJDOT ESBE firm utilization report (Form CC-257R or equivalent current NJDOT form). • A final invoice with release clause to be submitted 30 days from the close of the project.
B. Community Outreach
Stakeholder Coordination The Consultant will serve as a liaison between the County, IRC and the project stakeholders with support from the County. This task includes updating the project fact sheets, setting up a 'kick-off' meeting with the stakeholders, organizing and maintaining the stakeholder database, preparing press releases, and responding to questions and comments as appropriate.
Public Information Meeting The purpose of a Public Information Meeting is to update the public and local stakeholders by providing factual and reliable information and to obtain public input/support for the various alternatives. Coordination should take place with Bergen County and local stakeholders for a public meeting. The meeting would occur toward the end of LPE when the preliminary design is completed. The local governing bodies should be partners in the presentation by acknowledging their partnership with the County in an attempt to find a mutual solution for the improvements.
Mailing lists need to be updated and a meeting notice developed and provided to the County for review and approval. The consultant will then mail/distribute the notice three to four weeks prior to the date of the meeting. Consultant shall update display boards, prepare a PowerPoint presentation and invite any necessary technical experts from the NJTPA and NJDOT.
Work Tasks
• Ongoing coordination with Bergen County and stakeholders. • Update property owner list. • Prepare/update project meeting hand-outs including project description and project map. • Prepare/update display boards presenting the latest project layout. • Meeting with the property owners affected by the project. • Public Information Meeting Presentation
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East Anderson Street/Cedar Lane Bridge Preliminary Engineering RFP
C. Begin Preliminary Engineering, Review Survey Base Mapping and Existing Right-Of Way
The Local Concept Development consultant created a digital terrain model (DTM) and an Inroads alignment file from the survey base mapping files.
Work Tasks
• Review all LCD phase plans and reports to understand project scope. • Schedule a kick-off meeting with the County, NJTPA, NJDOT-LA and BEPR, and others associated with the project. • Review aerial photography. • Make a field visit to the site to take photographs and become familiar with project site. • Survey delineated wetlands and incorporate into the topographic survey and base map. • Survey utility mark-out and test pits and incorporate into the topographic survey and base map.
D. Right of Way Documents and Access Plan
Prepare ROW Report: The Consultant shall review the existing information and update as necessary to provide the Right-of- Way (ROW) Report that reflects the potential acquisition of all lands required for project. The ROW Report will be regularly updated and submitted.
Initiate ROW Impact Plan: The Consultant shall prepare the Right-of-Way (ROW) Impact Plan (preliminary General Property Parcel Maps (GPPM)) to accurately depict all ROW impacts (acquisitions) required for proposed improvements; including wetland and riparian buffer mitigation if anticipated. The plans will indicate the block and lot numbers along with the owners’ names and the acquisition area for each parcel. The ROW Impact Plan will also indicate any recent preliminary and final site plan approvals. This plan also will be used to prepare the Initial ROW Estimate. The Consultant will submit the Right of Way Impact Plan to the County and prepare the Initial ROW Estimate for County approval. County will provide written approval.
Prepare Initial ROW Estimate: Consultant will develop Initial ROW Estimate based on concurred ROW Impact Plan; inclusive of potential sites for wetlands and riparian buffer mitigation. If specific environmental mitigation parcels have not been identified, an anticipated cost should be included for all environmental mitigation. Consultant will submit ROW estimate to County, for review and approval. The County will provide comment and written approval.
Access Plan and Impact Access Summary The Consultant shall review and analyze all existing driveways within the project limits, and verify owners on record and existing topographic features for each impacted property. The Consultant will also identify the types of access alterations for each property. The Consultant shall confirm the use and operation of the property via field verification.
The Consultant will prepare the Project Access Plan (PAP) that identifies each driveway within the project area, proposed alterations to any property access, and access impact summary for the County’s review and acceptance.
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East Anderson Street/Cedar Lane Bridge Preliminary Engineering RFP
Work Tasks:
• Right-of-Way Report (include property acquisition for permanent and temporary easements for Construction Staging). • Right-of-Way Impact Plan. • Initial Right-of-Way Estimate. • Project Access Plan and Access Impact Summary.
E. Drainage Management, Regional Maintenance, Hydrology and Hydraulics
Prepare Preliminary Drainage Design This will include the following activities: Prepare a preliminary drainage analysis with recommendation for the discharge of water. Analyze the preliminary analysis as to effect upon the present system. The preliminary drainage analysis shall take into consideration the latest NJDEP regulations regarding water quality and stormwater management. Improvements to existing stormwater drainage systems shall be designed based on calculated tributary drainage areas and to accommodate a twenty-five (25) year storm event.
The drainage analysis report shall include but will not be limited to the following:
1. Delineation of the drainage area tributary to the project and determination of the runoff per NJDEP requirements.
2. Determination of runoff to all inlet points in accordance with NJDEP requirements.
3. Determination of the need and preliminary design of any stormwater management facilities in accordance with consultant expertise and based on input received during NJDEP pre-application meetings.
4. Preliminary design of a drainage system connecting to the existing system or discharging into nearby streams in accordance with NJDEP requirements.
5. Proposed hydraulic opening for any bridge that may be required to be replaced or modified.
Complete only the level of drainage design required to obtain an approved environmental document and an approved design exception report (if required).
F. Permits
Delineate Wetlands/Environmental Studies The environmental screening performed during Local Concept Development (LCD) Report determined that additional environmental studies are required for the project. NJDEP Land Use/Land Cover data, and United States Fish and Wildlife Service (USFWS) National Wetland Inventory (NWI) geospatial data were reviewed to identify potential wetlands within the study area. While NJDEP Land Use/Land Cover data does not identify any wetlands within the study area, the USFWS NWI geospatial data classifies the Hackensack River as a riverine wetland. Based on field observations, it is unlikely wetlands are present; however, a wetland delineation is recommended to delineate the regulatory boundary of the Hackensack River and confirm the presence or absence of regulated wetlands. Field delineations of regulated boundaries are now warranted in regulated areas to determine regulatory permit or mitigation requirements. Regulatory boundaries shall be shown on the project base and 18
East Anderson Street/Cedar Lane Bridge Preliminary Engineering RFP constraint mapping. Regulatory boundaries shall include but not be limited to Freshwater Wetlands, Riparian Zones, Flood Plain Elevations / Zones, Ecological Habitat Areas, Hazardous Material, and any other boundary as deemed necessary to advance the project.
Any wetlands identified within the study area will be regulated under the NJDEP Freshwater Wetlands Protection Act Rules (N.J.A.C. 7:7A) and, if within 1,000’ of the mean high water, under the jurisdiction of the United States Army Corps of Engineers per Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act.
Delineate Wetlands Wetland and/or transition areas are to be field delineated during the LPE phase; the delineation shall be performed by a certified wetlands delineator. The delineation shall be surveyed and incorporated into the topographic survey, and a report shall be prepared that includes a site plan of the wetland areas, representative photographs of the upland and wetland areas, and all supporting datasheets.
Environmental Studies The environmental screening performed during LCD phase determined that the project qualified in the NEPA categorical exclusion (CE) category and that further analysis will be required, which may include: - Ecology/Natural Resources - Cultural Resources Surveys - Hazardous Material Testing and Remedial Actions - Socio-Economics/Environmental Justice - Threatened and Endangered Species Screenings and Surveys - Agency Consultation, Coordination and Concurrence i.e U.S Fish & Wildlife, NJDEP GAP, NJDEP LURP, NJDEP HPO
Work Tasks for Delineate Wetlands/Environmental Studies
• Identify Regulatory Boundaries. • Initiate field investigation work for environmental studies. • Identify Regulatory Boundaries on Project Mapping. • Agency Consultation, Coordination and Concurrence including Letter of Interpretation for regulatory boundaries.
Identify Environmental Permits The Concept Development Report (Appendix M) identifies anticipated environmental permits and approvals that may be required for this project. Numerous regulated resources including surface waters, floodplains, Section 4(f)/Green Acres properties, and known contaminated sites were identified within the study area. Using the Preferred Alternative, impacts can be quantified to determine the extent of permitting that will be required and interagency coordination should begin. The following regulation sets and environmental permits and interagency coordination may be necessary during design:
Federal Permits/Approvals/Coordination • Compliance with the National Environmental Policy Act of 1969 • US Coast Guard Bridge Permit • US Army Corps of Engineers Section 404 and Section 10 • Compliance with Section 4(f) of the US Department of Transportation Act for use of parkland resources • Compliance with Section 106 of the National Historic Preservation Act 19
East Anderson Street/Cedar Lane Bridge Preliminary Engineering RFP
• Compliance with the Federal Clean Air Act Amendments of 1990 • Section 7 of the Endangered Species Act for impacts to federally listed species and marine species
State Permits/Approvals/Coordination • NJDEP Freshwater Wetlands Protection Act Permit for regulated activities within jurisdictional freshwater wetlands and their transition areas • NJDEP Waterfront Development In-Water and Upland Permit (N.J.A.C. 7:7) for activities below the mean high-water line and within the upland Waterfront Area • NJDEP Green Acres Minor Diversion for the temporary and permanent easements of Green Acres Encumbered properties • Compliance with the NJDEP Flood Hazard Area Control Act Rules (N.J.A.C. 7:13) via the Coastal Zone Management Rules (N.J.A.C. 7:7) • Compliance with the NJDEP Stormwater Management Rules (N.J.A.C. 7:8) • NJDEP Water Quality Certificate • Compliance with NJDEP Technical Requirements for Site Remediation (N.J.A.C. 7:26E) and Linear Construction Technical Guidance • NJDEP Tidelands Conveyance for occupying areas currently or formerly flowed by the mean high tide • Soil Erosion and Sediment Control Certification from the Bergen Soil Conservation District (Since soil erosion measures are determined after the design is complete, coordination with Bergen County Soil Conservation District can occur early in Final Design)
Schedule Pre-Application Meeting with NJDEP After permits have been identified, a pre-application meeting is warranted to discuss permits and design criteria to obtain buy-in from NJDEP. Preparation for this meeting should include having a list of issues, how the issues will be addressed, what alternatives were considered, and if a waiver will be requested. Available concept plan should be used that includes environmental constraints (wetland limits, flood hazard area, riparian buffer) along with the project limits, including any associated features like drainage basins, swale, or other off-site grading. NJDOT BEPR will serve as the liaison, if needed, with respect to coordinating with Federal and State Regulatory Agencies.
Work Tasks
• Contact NJDEP to schedule a pre-application meeting • Prepare plans, list of issues, and alternatives for discussion at pre-application meeting
Environmental Analysis Once the scope of the permits are discussed and agreed upon by NJDEP, an Ecological Technical Environmental Study of the project site shall be performed including impact assessments, identifying environmental requirements and restrictions to construction activities, performing a mitigation site search, preparing final mitigation plans and specifications. The work performed for the environmental analysis will be used to develop the Environmental Permit Plans.
Work Tasks
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East Anderson Street/Cedar Lane Bridge Preliminary Engineering RFP
• Complete ecological environmental study and impacts assessment and begin permit plan preparation. • Perform environmental impacts assessment. • Perform mitigations site search and analysis. • Identify environmental restrictions and constraints. • Prepare environmental specifications and mitigation plans.
G. Environmental Documentation
Initiate NEPA Documents Based on the current proposed PPA improvements and the baseline environmental screening identified in the LCD, it is anticipated that the project will result in minimal adverse impacts to regulated resources. The project satisfies the Categorical Exclusion (CE) definition under the National Environmental Policy Act (NEPA) outlined in 23 CFR 771.117 (a) and will not result in significant environmental impacts. The project is categorized as CE under 23 CFR 711.117(d)3 – Bridge rehabilitation, reconstruction or replacement or the construction of grade separation to replace existing at-grade railroad crossings.
Where adverse environmental impacts are likely to occur, the level of analysis should be sufficient to determine the extent of impacts, identify appropriate mitigation measures, and address known and foreseeable public agency and purpose and need concerns. As a minimum, the information should include a description of the proposed action, and as appropriate, its immediate surrounding area, a discussion of any specific areas of environmental concern (e.g., Section 106, Section 4(f), wetlands, relocations), Flood Hazard, Hazardous Materials, and Threatened and Endangered Species and a list of other actions required, if any.
Initiate Cultural Resources (Section 106) Process The LCD phase determined that Since the project is federally funded, consultation with the NJ State Historic Preservation Office (SHPO) under Section 106 of the National Historic Preservation Act will be required. Archaeological and architectural surveys in compliance with the Secretary of Interior’s Standards and Guidelines for Archeology and Historic Preservation will be completed as part of Preliminary Engineering. Additionally, although the East Anderson Street Bridge is not currently 50 years old, the bridge will be 50 years old before construction begins. Consultation with the NJ SHPO regarding its potential eligibility will therefore be required.
Background research consisting of consulting the New Jersey Department of Environment Protection (NJDEP) GeoWeb, site files, and reports at the NJ SHPO and New Jersey State Museum (NJSM) was performed to determine if previously historic properties exist within the study area. Research identified four (4) archaeological sites within one mile of the existing bridge and no historic sites within the study area. Additionally, the study area is primarily disturbed with a portion of the study area appearing to be filled marshland. Based on the review, there is a low potential for archaeological resources.
The Consultant shall submit an Area of Potential Effects Report to the County and NJDOT for submittal to NJDEP prior to the Consultant commencing full archaeological and architectural surveys, and historical research for the Cultural Resources (CR) Report.
Conduct CR Survey The Consultant shall conduct appropriate level technical studies to identify the presence of Historic Properties that are on, or eligible for, the State/National Register of Historic Places. This work shall be performed by qualified professionals approved by Department of the Secretary of the Interior’s 21
East Anderson Street/Cedar Lane Bridge Preliminary Engineering RFP
Standards.
The Consultant will perform the following work:
1. Identify properties listed in, nominated to, or are eligible for the State/National Register of Historic Places that are located within the project Area of Potential Effect (APE). Also note those properties included in the NJ Historic Sites Inventory, the Historic American Buildings Survey, the Historic American Engineering Record Catalogs, and any government inventories.
2. Conduct a thorough search of archeological literature to identify known historic and prehistoric sites including recent publications, cultural resource survey reports and articles available from State Historic Preservation Office (SHPO) and the New Jersey State Museum.
3. Conduct research using primary and secondary source materials pertaining to the history, ethno- history and ecology of the area and interview professionals and community individuals that might have historical knowledge of the area.
4. Conduct fieldwork and an Intensive Level Historic Architectural Survey of the APE for standing structures. Gather information from local historians, officials or individuals. Conduct Phase I and II -archaeological investigation and start subsurface testing for archeological resources within the APE.
Prepare CR Survey Report The Consultant will document the results of the Cultural Resources Survey in a detailed report. The data collected during the Cultural Resources Survey will be analyzed and documented.
The Cultural Resources Survey Report identifies properties within the APE that are on, or eligible for listing on, the State or National Register of Historic Places. For resources identified in the APE, apply criteria of effect from 36CFR800 caused by the project, clearly present rationale and prepare documentation for approval by FHWA, NJDOT Bureau of Environmental Program Resources (BEPR) and NJDEP HPO. The Consultant submits the draft Cultural Resources Survey Report to the County and NJDOT BEPR.
Prepare Adverse Effect Report (Adverse Effect Only) If determined that the proposed action will result in an adverse effect to historic resources, the Consultant shall prepare the Adverse Effect Documentation for the Advisory Council of Historic Places. The Consultant will submit the documentation to the County and NJDOT BEPR for review and submittal to FHWA. This should be done after NJDEP HPO's Finding of Effect and before the Final MOA.
Prepare Draft MOA (Adverse Effect Only) If determined that the proposed action will result in an adverse effect to historic resources, coordination with all parties in avoiding, minimizing and/or mitigating these effects shall be undertaken including the preparation of a Memorandum of Agreement (MOA). The culmination of this investigation is the preparation of Cultural Resources documents in accordance with State and federal regulations and guidelines for review and approval by the County, NJDOT BEPR, NJDEP HPO and FHWA. The Consultant prepares a draft Memorandum of Agreement (MOA). The MOA includes the County’s cultural resources commitments to mitigate adverse effects.
Work Tasks 22
East Anderson Street/Cedar Lane Bridge Preliminary Engineering RFP
• Review cultural resource screenings and APE from LCD. • Identify interested parties and investigate historic resources in potential APE. • Prepare APE report that includes a public outreach plan. • Submit APE report to the County and NJDOT BEPR for review and approval. NJDOT BEPR submits APE for review and approval to NJDEP HPO • Perform Archaeological and Historic Architectural Surveys and prepare Cultural Resources Report. • Make determination of effects and, if required, apply Criteria of Effect clearly stating rationale and recommendations of effect. Also, state recommendations of methods to avoid, minimize and/or mitigate effect. • Submit Cultural Resources Report to County and NJDOT BEPR for review and concurrence. For the adverse effect perform the following: - NJDOT BEPR submits documentation to FHWA for review. - Upon FHWA approval, NJDOT BEPR submits documentation to SHPO and interested parties. - Comments received by FHWA and NJDEP HPO with recommendations to reduce impacts or mitigate harm. - Prepare Adverse Effect Documentation for the Advisory Council of Historic Places. Submit documentation to the County and NJDOT BEPR for review and submission to FHWA. - Consultation to review harm by all parties. - Prepare and circulate MOA to stakeholders. - Approve and execute MOA, and incorporate documentation into environmental document.
National Historic Preservation Act - Approved Section 106 Documents Approval of Section 106 documents is obtained from NJDOT BEPR. Documentation is incorporated into environmental documents which include provisions for a Section 4(f) Evaluation (Programmatic and Individual if required).
Conduct Noise Study Within the study limits, East Anderson Street/Cedar Avenue is primarily urban and is characterized as mixed use commercial with some residential and park areas. Sensitive receptors to air quality and noise were identified within 300’ of the bridge. The selected PPA does not call for additional travel lanes, an increase in traffic capacity, an increase in vehicular speed, nor major changes in the horizontal or vertical alignment. Therefore, it is unlikely that the project will result in an increase in noise levels that approach or exceed the Federal Highway Administration (FHWA) Noise Abatement Criteria (NAC) for the future build condition or create a substantial noise increase over existing noise levels.
Conduct Air Quality The study area is not located in a non-attainment area for fine particulate matter PM2.5, PM10, and carbon monoxide (CO). The proposed project will be exempt under Table 2 – Bridge Reconstruction (no additional travel lanes) of the Transportation Conformity Rule in the Clean Air Act Amendments (CAAA) since no additional lanes will be developed as per the selected PPA. As such, the proposed project is exempt from the conformity requirement of the CAAA including PM2.5 analysis, per 40 CFR § 93.126 and is not anticipated to have adverse air quality impacts.
Conduct Ecology Study The Consultant will evaluate existing conditions and potential impacts of the Preliminary Preferred 23
East Anderson Street/Cedar Lane Bridge Preliminary Engineering RFP
Alternative (PPA) to natural resources. This includes surface and ground water quality, upland forests, soils, wetlands, waterbodies including aquatic species and habitats, floodplains and flooding, terrestrial species and habitats, and threatened and endangered species. It will be the responsibility of the Consultant to initiate an early coordination with the appropriate agencies having jurisdiction over resources that will be potentially affected. Appropriate agencies may include:
- US Army Corps of Engineers - US Fish and Wildlife Service - US Environmental Protection Agency - NJ Department of Environmental Protection Natural Heritage Program - NJ Department of Environmental Protection Land Use Regulation Program
Conduct Socio-Economic Study Using the Community Profile developed in Concept Development and the Field Visit Checklist located in the Socio-Economic Guidance Manual, the Consultant and NJDOT will evaluate potential project related impacts to communities, effects on community cohesion, quality of life, aesthetics, land-use patterns, business and employment, public mobility and access, use of public facilities, and displacements of residents and businesses. It is not anticipated that the proposed project will affect farmland or community facilities. Coordination with property and business owners is recommended during the design phase of the project to maintain accessibility during construction, as well as, coordination with NJ TRANSIT regarding impacts to existing bus routes and bus stops. In addition, multilingual public outreach may be necessary to engage residents.
The Environmental Justice Policy Executive Order assists in the establishment of the State’s commitment to ensure that minority populations and low-income communities are afforded fair treatment and meaningful involvement in decision-making regardless of race, color, ethnicity, religion, income or education level. The Environmental Protection Agency (EPA) Environmental Justice Screening (EJ Screen) Tool was used to determine the presence or absence of minority and/or low- income populations within the study limits. The study area used for the EJ screen was delineated as a 500’ buffer from the proposed study area. The data analysis indicates the presence of environmental justice communities within the City of Hackensack, but environmental justice communities are not present in the Township of Teaneck within the study limits. For a summary of demographic and economic data for the study area, please refer to the summary report generated by the EJ Screen Tool in Appendix M of the Local Concept Development Report.
Although low-income and minority populations are present, the proposed work will not isolate residential neighborhoods or adversely impact community cohesion in the study limits. The proposed project is not anticipated to worsen access to public transportation, negatively impact pedestrian, bicyclist, and/or motorist safety, or involve a disproportionately high and adverse effect to minority or low-income populations.
Due to the presence of residents that speak English “less than very well”, enhanced outreach efforts were utilized during the LCD process. A Spanish translator was provided at all PICs, and meeting notices were sent out in English and Spanish. Functionality was also added to the study website, so it could be easily translated into the user’s preferred language.
Conduct Hazardous Waste Study The Consultant will evaluate the project’s potential involvement with known or suspected contaminated sites, underground storage tanks, or other hazardous waste. According to GIS mapping 24
East Anderson Street/Cedar Lane Bridge Preliminary Engineering RFP of NJDEP database information, a total of two sites within 300’ of the proposed project are listed on NJDEP Known Contaminated Site List. Additionally, a Classification Exemption Area (CEA) was identified northwest of the bridge outside of the study area. The identified CEA is located at 3 University Plaza Drive at Block 500, Lot 97 in the City of Hackensack. In addition, a search of environmental records in governmental databases was completed using the services of Environmental Data Resources Inc. (EDR). Based on the result of the EDR report, 30 properties were identified within the study area. Since there are NJDEP enforcement cases within the study limits, there is a potential for involvement with regulated material or contaminated sites. Compliance with the NJDEP Technical Requirements for Site Remediation (N.J.A.C. 7:26E) and Linear Construction Technical Guidance may be required for any historic fill.
The Consultant will also contact local, state and federal sources of information and review New Jersey Department of Environmental Protection case files, as appropriate, as well as perform site reconnaissance to verify site addresses and current land uses. Based on collected information, the Consultant will determine the need for further investigation and sampling.
Prepare CED Utilizing the technical environmental studies and Cultural Resource Survey Report, the Consultant will assess the project impacts and risks with respect to each environmental discipline (Noise, Air Quality, Ecology, Cultural Resources, Section 4(f), Hazardous Waste, Socio-economic and Environmental Justice). The Consultant will review the risk response strategies within the Risk Register and identify any risks not previously identified; it will notify the County to update the Risk Register if new risks or changes to existing risks are identified from the aforementioned technical environmental studies and evaluations. Upon completion of the risk assessment, the Consultant will prepare the Categorical Exclusion Document (CED) for County's review. The Consultant will then submit the CED to NJDOT and, upon acceptance, NJDOT will forward to FHWA for review and approval.
Section 4(f) Properties Geospatial data identified three (3) Section 4(f) parkland resources within 300’ of the study area. Johnson Park is a municipal-owned open space resource located immediately northwest of the bridge at Block 404, Lot 1 in the City of Hackensack. The Hackensack River Greenway through Teaneck is a municipal-owned open space resource located immediately southeast of the bridge at Block 201, Lot 11 in the Township of Teaneck. Municipally-owned Green Acres encumbered land is located east of the Hackensack River Greenway at Block 201, Lot 1 in the Township of Teaneck. The PPA proposes construction activities within Johnson Park at Block 404, Lot 1 and the municipally-owned property at Block 201, Lot 11. Slope easements and temporary construction easements are proposed within both properties; therefore, the project will result in the use of Section 4(f) parkland resources and will require coordination with the NJDEP Green Acres Program for a diversion. Compliance with the NJDEP Technical Requirements for Site Remediation (N.J.A.C. 7:26E) and Linear Construction Technical Guidance may be needed if historic fill is found.
Highlands/Pinelands The project is not located within the Highlands Preservation and Planning Area or the Pinelands Management Area.
H. Utilities
During the LCD Phase, utility owners were contacted utilizing Utility Contact Letter 1 and providing Project Location Map to verify the existing facilities within the project limits; and to establish a contact
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East Anderson Street/Cedar Lane Bridge Preliminary Engineering RFP person who will be assigned to the project for future coordination. Utility coordination and conflict identification are performed in the LPE phase with a detailed anaysis including a Utility Risk Analysis and obtaining Utility Engineering Funding Auhorization.
Prepare Utility Base Plans The Consultant will prepare utility base plans from field survey data to show existing surface utility facilities. These plans are the base plans for the alternatives of accommodation and the Utility Agreement Plan.
Send Letter No. 2 & Plans to Utility Co. The Consultant will submit Letter No. 2 and two sets of the utility base plans to each utility company to identify their existing facilities on the utility base plans.
Prepare Utility Agreement The Consultant will prepare a utility agreement and submit it to the County for review and comment. The Consultant will addresse comments and resubmit the agreement to the County. The Consultant will provide the utility agreement to utility companies for signature.
Update Base Plans & Identify Conflicts The Consultant will coordinate with the affected utility companies and incorporate the collective utility company comments onto the base maps. The potential utility conflicts between existing utility facilities and proposed design will be identified. The Consultant and utility companies will identify potential subsurface utility engineering (SUE) test pit locations to verify the exact location of utilities. The Consultant will identify all potential utility conflicts as a result of the PPA and their impacts on the project objectives.
Conduct Subsurface Utility Engineering The Consultant will conduct subsurface utility engineering (SUE) in order to determine the exact location of underground utilities. Depending upon the type of utility and potential design conflict, several SUE methods can be utilized. If only horizontal location is needed, underground utilities may be located remotely using ground penetrating radar (GPR), metal detectors or similar devices. This method will not provide utility depth. If depths of utilities are needed, the Consultant will arrange for a SUE Contractor or the utility company to dig subsurface test pits. Test pits are not needed to locate every utility and should only be used in locating utilities that have a potential conflict. Prior to conducting SUE test pits, the Consultant must confirm with the utility company if previous SUE test pits have been performed for the conflict area and horizontal and vertical data exists. The County must approve the proposed SUE test pit locations. Test pits are dug to locate underground utilities and link locations to physical features in the field by a survey crew. The Consultant will prepare a SUE test pit report and include the survey notes from the SUE Contractor or utility company with the report.
Work Tasks
• Develop Utility Verification Plans. • Send Utility Verification Letter (Letter 2) and two sets of Utility Base Plans to utility owners to mark-up. • Revise Utility Base Plan to reflect all corrected utility information received from the utility owners. 26
East Anderson Street/Cedar Lane Bridge Preliminary Engineering RFP
• Obtain Engineering Funding Authorization. • Identify utility impact locations. • Consult with the County to determine if SUE should be used for the project. • Provide the SUE firm with limits for GPR and/or test pit locations based on utility impact analysis. • Prepare SUE test pit report. • Develop preliminary relocation scheme using Utility Base Map. • Coordinate with utility owner for concurrence and prepare Utility Agreements.
I. Geometrics and Roadway
Prepare Horizontal and Vertical Geometry The Consultant will use the Preliminary Preferred Alternative (PPA) as a guide to layout the proposed geometric alignment and to calculate the horizontal and vertical geometry. The geometry is tied into the existing base map to produce an accurate depiction of the proposed impacts. The Consultant will develop profiles to depict tangent grades, lengths of vertical curve, vertical clearances, and low and high points of the roadway to evaluate critical design elements. The Consultant will develop critical cross-sections to identify slope impacts at locations based on the calculated horizontal and vertical geometry. The Consultant will also develop modifications to driveways where needed to conform to acceptable access and geometric standards. The calculated geometry, roadway and bridge sections, driveways, and slopes, are necessary to determine right of way, utility, and environmental impacts and the need for Design Exceptions. The Consultant will develop typical section(s) to depict proposed roadway design elements such as lane, shoulder, median, bicycle lane, and border widths and cross slopes. When necessary, the following roadside details such as berm, curb, or umbrella section, beam guiderail offset, utility pole location, sidewalk location, cut and fill slopes, swales, ditches, ROW line, and proposed pavement have to be shown and dimensioned. Where applicable, locations and offsets of structural elements such as retaining walls, noise barriers, bridge piers and parapets, culverts, and overhead sign structure supports shall be coordinated with roadway typical sections and depicted as necessary to adhere to acceptable geometric and safety standards.
Work Tasks
• Establish the existing and proposed baselines. • Complete the horizontal geometry calculations for all roadways and ramps. • Complete the vertical profiles for all roadways and ramps. • Establish cross-slope limits and developing cross-sections to determine side slope impacts. • Complete the driveway profiles to identify impacts to private driveways. • Establish pavement and side slope limits, which will set the project footprint.
Prepare Preliminary Roadway Plans Preliminary Roadway Plans are developed to the extent possible (typically approximately 30% completion) to provide the County, NJTPA, and NJDOT Local Aid with reasonable assurance that the design of the project is proceeding in a reasonable manner and that all areas that can have a major impact on the design of the project were considered. Plans will vary depending on the scope of the project and disciplines involved. The following is a list of typical plan sheets submitted for LPE:
1. Key Sheet 2. Typical Sections 3. Construction Plans
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East Anderson Street/Cedar Lane Bridge Preliminary Engineering RFP
4. Environmental Plans including Section 106 and Section 4(f) commitments 5. Drainage Plans 6. Profiles 7. Survey Ties 8. Grades 9. Cross-sections – showing finished grade only 10. Signing, Striping and Signal Plans 11. Staging/Traffic Control Plans 12. Highway Lighting Plans 13. General Plan & Elevation
Work Tasks
• Develop Preliminary Engineering Plans.
Analyze Substandard Design Elements Upon completing the geometry, substandard design elements are reviewed. If it is not practical or possible for a design element to meet the minimum design standards for a roadway or bridge, a Design Exception is required. The Design Exception process for a county or municipal construction project funded under the State Aid Program is required due to the design phase and construction phase is being funded with Federal Aid. The Design Exceptions require approval from the County, NJDOT and FHWA and should be obtained early in the Preliminary Engineering phase.
Work Tasks
• Analyze substandard elements for improvement. • Request accident analysis related to substandard design elements. • Prepare Design Exception Report to document recommendations and submit to the County, NJDOT and FHWA for approval. • Implement recommendations into project design.
Prepare Preliminary Construction Cost Estimate and Schedule The Preliminary Cost Estimate is developed based on the best available information, considering that the project is typically at approximately 30% completion. The Consultant will prepare the Construction Cost Estimate using NJDOT Standard Specification Bid Items and Unit Prices; utilizing the plans developed during preliminary engineering activities, and the recommendations from Conduct Constructability and Maintenance Review. Preliminary cost estimates should be conservative but realistic since they are necessary to properly program construction funds for the project.; therefore, in addition to calculating the preliminary construction costs (costs incurred by the contractor), the preliminary cost estimate should also include costs for items such as construction engineering, change orders, environmental mitigation and right-of-way (ROW) acquisitions including off-site land acquisition for mitigation. The Consultant will submit the Construction Cost Estimate to the County for review, comment and approval.
The Preliminary Construction Schedule is developed to ascertain an estimate for the construction duration, critical path items, and to identify major milestones. The Preliminary Construction Schedule portrays the construction project timeline, identifying the dates (absolute or relative to a start date) that a project task or activity will be started and completed. A schedule allows applicable resources to be identified and an anticipated timeframe to be established, and provides the basis for budgeting individual tasks and the project as a whole. The schedule identifies elements that are ahead, behind, 28
East Anderson Street/Cedar Lane Bridge Preliminary Engineering RFP and on-schedule and allows appropriate adjustments to reach a certain milestone.
Work Tasks
• Develop Preliminary Construction Cost Estimate. • Develop Preliminary Construction Schedule.
Prepare Design Exception Report If necessary, the Consultant will prepare a Design Exception Report and send it to the County. The County will send the Design Exception Report and available project plans and related information to the NJDOT LA who will consult with NJDOT Bureau of Quality Management Services (QMS). QMS will evaluate each controlling substandard design element. Factors to be considered when approving the Design Exception Report include project scope, crash data, cost of the improvement, and negative social, economic and environmental impacts. When QMS has completed their review, the Design Exception Report is forwarded to the State (or Deputy) Transportation Engineer for approval.
Prepare Engineering Reports During LPE, designs for most disciplines are completed and documented in an engineering report, which are then submitted so that designs can be reviewed and corrected as needed prior to advancing to Final Design.
Work Tasks
Engineering reports, commonly prepared for transportation improvement projects, including but not limited to the following, shall be required:
• Drainage Report. • Stormwater Management/Hydraulics and Hydrology Report. • Geotechnical Foundations Report. • Pavement Design Report. • Structural Appraisal and Bridge Design Report. • Highway Lighting Report. • Traffic Impact Study Report. • Soil Erosion and Sediment Control Report. • Design Exception Report.
Finalize Project Plan The Preliminary Preferred Alternative (PPA) developed during Concept Development is updated to become the Project Plan to reflect design changes during LPE. The County will distribute the draft Project Plan to NJTPA and NJDOT LA and hold a Project Team meeting with the Consultant. The Consultant will address comments from the Project Team, update the Project Plan or roadway plans and send them to the Project Manager. The Project Plan or roadway plans will be included in the Draft Preliminary Engineering Report and will become the Approved Project Plan. The Consultant will complete the Complete Streets Checklist and include with the LPE Report.
J. Pavement
Obtain Pavement Design Data The Consultant will determine the traffic data and growth rates (Pavement Design Data) necessary to
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East Anderson Street/Cedar Lane Bridge Preliminary Engineering RFP develop the pavement recommendation, taking into account that the bridge is currently load posted and therefore all of the previous truck traffic is currently circumventing the bridge. Traffic data includes the Average Annual Daily Traffic (AADT), heavy truck percentage and directional distribution. The Consultant will provide the Pavement Design Data to the County.
Collect Existing Pavement and Subgrade Soil Information The Consultant will collect and review existing Pavement Management System condition data and functional condition information (Surface Distress Index (SDI), International Roughness Index (IRI), skid number), subsurface soil information, and as-built typical sections to determine pavement and subgrade soil information. Evaluate the need for in-situ pavement testing (Falling Weight Deflectometer (FWD), Dynamic Cone Penetrometer (DCP), Ground Penetrating Radar (GPR), soil borings, pavement coring) and/or roadway subsurface exploration to determine material parameters for pavement structure analysis.
Conduct Pavement Testing Program The Consultant will develop the Pavement Testing Program to collect structural adequacy data. The Consultant will perform field testing to determine the structural properties of existing pavement structures. The Consultant will prepare the Falling Weight Deflectometer (FWD) testing plan and the number and locations of pavement cores, Dynamic Cone Penetrometer (DCP) tests, soil borings, test pits to develop the pavement recommendation. If required, procure the services of a Pavement Engineering Consultant and/ or specialty contractor. The Consultant will also conduct FWD testing, pavement coring, DCP, Ground Penetrating Radar (GPR), soil borings and other in-situ testing, and send soil samples for laboratory analysis. The Consultant will prepare lab and field testing report and include it with the pavement recommendation.
Prepare Pavement Recommendation The Consultant will perform pavement structural design calculations to determine required pavement thickness, determine input values considering environment, materials and traffic. The Consultant will conduct structural performance analysis and evaluate technically viable alternatives. Based on said analyses, the Consultant will recommend the pavement structure to accommodate traffic for the intended design period. The pavement recommendation is determined using the current AASHTO Geometric Design of Highways and Streets. The Consultant will prepare and submit pavement recommendation to the County for approval. The County will provide written approval.
K. Structures
Evaluation of alternatives was conducted for the proposed bridge replacement. After study of all the alternatives, it has been decided to construct a new 324’ long 4-span prestressed concrete I-beam bridge with multi-column piers and a reinforced concrete deck slab that re-aligns the bridge horizontally to the south with widening to accommodate 4 lanes, 2- 8’ shoulders and an 11’ striped median. Bridge Alternative No. 5B2 (see LCD report) meets the Purpose and Need, and has the support of the stakeholders, local officials and the County. This alternative requires the existing bridge to maintain 2 lanes of traffic open at all times with the exception of some short term overnight closures to vehicular traffic to be detoured around the site.
The Consultant will prepare preliminary structural design that documents the structural selection as recommended in the LCD, Conceptual Bridge Alternatives with aesthetic treatments, utility, right of way and environmental impacts.
Note: Complete only the level of structural design required to obtain an approved environmental 30
East Anderson Street/Cedar Lane Bridge Preliminary Engineering RFP document and an approved design exception report (if required). Develop general structural plans and elevations if needed for the environmental document or design exception report.
L. Geotechnical Services
Prepare Preliminary Geotechnical Engineering Report The Consultant will gather existing soil information using NJDOT GDMS (on-line soil boring data), Engineering Soil Survey Report by Rutgers University, available geologic publications, as built plans and three (3) additional borings, one (1) located at each proposed pier location to conduct a geotechnical study and to prepare a Preliminary Geotechnical Engineering Report which will evaluate and identify the following:
• Soil-structure interaction for the required bearing strength, stability, anticipated settlements that pertain to the foundation system supporting the proposed structures/walls. • Stability and anticipated settlement for roadway (embankments and cuts) for the proposed roadway. • Construction concerns, vibration impacts, potential settlement associated with anticipated construction means and methods (dewatering, cofferdam, sheeting, etc.), ROW and easements that are required for tie-backed retaining system. • The Consultant identifies all potential geotechnical features as a result of the PPA and their impacts on the project objectives.
Note: Complete only the level of geotechnical design to meet the above requirements, to obtain an approved environmental document and an approved design exception report (if required).
M. Survey
Prepare Control Survey Report
The Consultant will conduct a control survey and prepare a control survey report. This report consists of the control survey and data required to establish primary and photogrammetry control. The Consultant will complete the control survey report and submit it to the County. The Consultant will address comments and resubmit the report to the County for final approval.
Conduct Topographic Survey
The Consultant will conduct a topographic survey that provides documentation, within specific project limits and offsets, of the site’s existing field conditions including existing baselines, centerlines, existing and proposed right of way lines, structure clearances, drainage systems, utility lines, Intelligent Transportation Systems (ITS) facilities, soil borings, control points, and elevations. The topographic survey may supplement any necessary photogrammetric survey or GIS work. The topographic survey may begin once control survey points are established. A project survey report is prepared by the surveyor and submitted to the County for review and approval.
Prepare Base Maps
The Consultant will develop base maps which depict in detail the required existing topography. The base maps also include the mainline and secondary road baselines, baseline information and existing right of way deed search results. This data is to be provided in accordance with County CADD Standards. 31
East Anderson Street/Cedar Lane Bridge Preliminary Engineering RFP
N. Construction
Update Preliminary Construction Staging Plans
The Consultant will update the preliminary construction staging plans that were developed and reviewed during Concept Development to reflect LPE design changes to the Preliminary Preferred Alternative. The Consultant will also update the construction sequence narrative and prepares a preliminary construction schedule with anticipated construction stage durations. The Consultant will confirm if a short and/or long term detour will be needed for traffic control including pedestrians and bicyclists. If the detour plan is required, coordinate efforts with outside agencies. These outside agencies will include local and State officials and agencies. The Consultant will keep documentation of support from the local and State officials for a specific detour route on file and in the LPE Report. The Consultant will obtain concurrence from appropriate NJDOT Subject Matter Expert groups if necessary. The Consultant will also update the construction sequence narrative and prepare a preliminary construction schedule with anticipated construction stage durations.
The Consultant will assess the need for interim or temporary signals as a result of the construction staging and verify the need with the County. These interim or temporary signal and electrical plans will be submitted to the County for review during Final Design.
Conduct Constructability and Maintenance Review
The County will provide the Updated Preliminary Detour and Construction Staging Plans, and related information to NJDOT and NJTPA for review. The County, NJDOT and NJTPA will perform a constructability review of the proposed project, a maintenance review to minimize long term maintenance costs, and a review of the traffic impacts during construction. The desired result is to incorporate the review comments, potentially reduce the duration of construction and ensure the project can be constructed while maintaining public safety. In addition, this review will help to develop a reasonable construction cost estimate. Upon review completion, the Consultant will incorporate all comments forwarded to the Project Manager into related plans, estimates, etc. The Consultant will review the comments for any identified constructability or maintenance risks and advise the County accordingly.
O. Traffic Signal and Safety Engineering
Determine Traffic Engineering Facility Locations If necessary, the Consultant will update the peak hour capacity analyses to validate the operation, establish the traffic signal pole layouts, and prepare a traffic signal warrant analysis report (vehicular and/or pedestrian) if required and submit to the County. The Consultant will prepare conceptual level plans for the layout of traffic signal and street lighting design, guide signs, regulatory traffic control devices and signal design to determine any associated right-of-way needs. Right-of-way needs may include locations of overhead sign and lighting structures or traffic signal facilities. The Consultant will identify and resolve any potential underground or aerial utility conflicts.
P. Technical and Administrative Activities
Initiate Preliminary Engineering The County will hold a kickoff meeting with the Consultant, NJDOT and NJTPA to discuss the project, 32
East Anderson Street/Cedar Lane Bridge Preliminary Engineering RFP including the design decisions documented in the Design Communications Report, and commence LPE. The Consultant will prepare Meeting Minutes documenting the kickoff meeting. The County will also hold a kickoff meeting with the local officials to discuss the proposed schedule and introduce the Consultant.
Prepare Draft Preliminary Engineering Report The Consultant will prepare and submit the Draft LPE Report to the County for review and comment. The Draft LPE Report should include the Environmental Document, Design Exception Report, Final Design Scope Statement, the Project Management Plan, the Design Communications Report and the appropriate plans in support of the Environmental Document and Design Exception Report. The LPE Report template will list all the items to be included in the Draft LPE Report.
Prepare Final Design Scope Statement The Consultant will review the NJDOT Final Design (FD) Scope Statement template and updates with the tasks necessary for the completion of FD. The FD Scope Statement will document commitments from the County and/or NJDOT Subject Matter Expert (SME) units. The FD Scope Statement will include all the tasks needed to conduct FD. The FD Scope Statement will be attached to the Draft Preliminary Engineering Report and will be used to solicit a Consultant man-hour estimate and a fee proposal for FD.
Complete Preliminary Engineering Quality Certification The Consultant will complete the LPE Designer Certification and include it with the LPE Report.
Develop FD Public Involvement Action Plan The Consultant will develop an FD Public Involvement Action Plan (PIAP) to identify critical points for public involvement during FD, and the objectives for each point. The FD PIAP will include, at minimum, updating the database of known stakeholders, determining the number of anticipated meetings with local officials, citizens groups and any outside agencies impacted by the proposed project. The Consultant will coordinate with County and NJDOT when preparing the FD PIAP to determine involvement with State/Federal permitting agencies responsible for Cultural Resources, and other public involvement requirements. The Consultant will circulate the PIAP to the County and NJDOT for final comments and signature.
NJDOT Reviews Draft Preliminary Engineering Report
The County, NJTPA and NJDOT will review the Draft LPE Report and provide comments to the Consultant for incorporation in the LPE Report. The Consultant will address the comments and resubmit to the Project Manager for forwarding to FHWA for review and approval.
FHWA Reviews and Approves Preliminary Engineering Report
FHWA will review the Draft LPE Report and provide comments to the County for incorporation in the LPE Report. The County, with support from the Consultant will address FHWA comments and resubmit to FHWA for approval. Upon resolution of all comments, FHWA notifies the County, through NJDOT, that the LPE Report is approved. The duration for FHWA review and comment will vary based on project complexity. The duration for making changes to the LPE Report will vary based on the extent of FHWA comments.
Create FD Schedule
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East Anderson Street/Cedar Lane Bridge Preliminary Engineering RFP
The Consultant will create an active schedule in Primavera based on the standard FD schedule template. The County will negotiate the draft schedule with the Consultant. The Consultant is responsible for updating all schedules on a monthly basis and may do so by providing updates to the County.
Option to Retain PE Consultant to Provide FD Services At the option of the County, the LPE Consultant may be retained for FD. Once the LPE Report is approved by FHWA, the County will assess the performance and available resources of the LPE consultant to successfully perform the FD Phase activities. If the County concludes that it would be in the best interest of the County to retain the LPE Consultant for FD and the County is able to negotiate acceptable terms and compensation with the LPE Consultant for FD, the County will ask NJDOT to authorize an amendment to the existing contract to include FD services. The NJDOT will evaluate the recommendation whether to retain the LPE Consultant or procure a new consultant for FD. If the NJDOT does not concur with the County’s request, the issue will be referred to the NJTPA for discussion and resolution. If the ultimate decision is to not continue with the LPE Consultant, the LPE Consultant contract will be closed out and the County will initiate the process to procure another consultant for FD.
Develop FD Consultant Fee Proposal The Consultant will prepare a Fee Proposal utilizing the FD Scope Statement and forward the proposal to the County. The County will ensure the Fee Proposal is prepared in accordance with the County’s internal Fee Proposal for the FD.
IV. SCHEDULE
The consultant is advised that Federal Authorization for final design phase is desired by the County within twenty four (24) months of award of the contract for Preliminary Enigneering design services. The consultant shall provide a detailed schedule which indicates time frames required for the activities associated with the engineering services described herein. The consultant shall prioritize the preparation of necessary parcel maps and permit applications and any other approvals. For scheduling purposes, minimum of four (4) weeks review time shall be provided for the County and NJDOT respectively.
V. STAFFING PLANS
The Consultant must demonstrate the qualifications of their team and key staff assigned to the project. Within their proposals, consultants shall provide a list of the firm’s project manager and key staff experience on similar types of projects that were completed in the last ten (10) years. Consultants shall submit an organization chart of the proposed staff, their roles and reporting relationships, including the staff of any Sub-consultant. Resumes shall also be provided for the project manager and key staff and each resume shall be limited to two (2) pages.
References shall be furnished for each relevant project included in a firm’s proposal to demonstrate the project team’s experience most relevant to this project. At least one reference contact (including name, title and phone number) shall be provided for each project as well as the project manager. The resumes of the project manager and key staff shall highlight their involvement on these projects and additional details as necessary. Each relevant project data sheet shall be limited to one (1) page.
The contract proposal shall include the following schedules (in 11” x 17” format) to detail the proposed staffing plan for the project:
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East Anderson Street/Cedar Lane Bridge Preliminary Engineering RFP
• One master schedule for the entire project team (including Sub-consultant), with job titles and man-hour requirements by task, shall be provided with the technical proposal; and
• Another copy of the project staff schedule providing dollar amounts with the job titles / ASCE grade levels and work-hour requirements by task for each team member shall be provided with and uploaded as a concealed cost proposal. Pricing and Compensation Proposal Pricing and Compensation Proposals, Schedule of Billing rates and DBE Appendices MUST BE PASSWORD ENCRYPTED FOR VIEWING AND SUBMITTED AS A SEPARATE ELECTRONIC ATTACHMENT WITH YOUR PROPOSAL. Do not disclose the passwords to the Authority until requested in writing (email) by the Solicitation Manager.
o A free online digital tool to learn how to encrypt a excel file can be found here; https://support.microsoft.com/en-us/office/protect-an-excel-file- 7359d4ae-7213-4ac2-b058-f75e9311b599 Additionally a PDF version is included in the solicitation as an additional resource.
VI. ESBE REQUIREMENT
This project is federally funded and requires a mandated Emerging Small Business Enterprise (ESBE) participation as defined in 49 CFR Part 26. The ESBE goal requirement for this project is a minimum of 13.23% participation by NJDOT certified ESBE firms.
If, at any time the Consultant intends to subcontract or modify any portion of the work already under contract, or intend to purchase material or lease equipment not contemplated during the original preparation of the Consultant’s cost proposal, the Consultant must notify the County/NJDOT in writing for review/approval. If, as a result of any subcontract, modification, purchase order, or lease, the actual ESBE participation rate for the Consultant's contract is in danger of falling below the minimum required ESBE participation, then a request must be made for a ESBE Goal Exemption Modification through the County and NJDOT. Approval from NJDOT is required if any changes occur to the ESBE plan approved at the time of award. Included in the request must be documentation of the Good Faith Efforts.
VII. COST PROPOSAL SHALL BE SUBMITTED AND BE CONSIDERED SEPARATE FROM TECHNICAL PROPOSAL
This project is federally funded and requires that consultant contracts be compliant with 48 CFR 31 – Contract Cost Principles under the Federal Acquisition Regulations (FAR). This federally funded project has NJDOT oversight, and to ensure the consultant contract is compliant with FAR cost principles when using federal-aid funds, only NJDOT approved overhead rates will be used. Consultants that do not have approved NJDOT overhead rates must be approved in accordance with NJDOT Procurement policies and procedures. The NJDOT approved overhead rate will be used for the purpose of estimating, negotiating, and making payment on the contract.
Allowable costs include those directly associated with the specific contract as well as overhead costs, also known as their indirect cost rate. The method of payment for this project will be Cost plus fixed fee which reimburses the Consultant for its direct labor cost, NJDOT approved overhead, and allowable direct expenses in addition to a negotiated amount as a fixed fee. The project cost and work hour proposal for the project, on a per task/submission basis, will be utilized to establish an overall contract
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East Anderson Street/Cedar Lane Bridge Preliminary Engineering RFP fee ceiling. The actual fee per task may vary from the estimated fee, however, the total contract fee ceiling amount will be not exceeded. The estimated cost and work hour per task for submissions will be utilized towards the project status and invoice review.
The Project Cost and Work Hour Proposal Form (see sample) shall specify the Maximum Direct Hourly Wage Rate for each title classification and ASCE grade level for the project. The Project Cost and Work Hour Proposal Form will indicate the “estimated” number of work-hours and the not to exceed direct hourly wage rate for each title classification and ASCE grade level which will be used to establish the estimated cost per task /submission and the overall contract fee ceiling. However, billing and compensation will be based on the actual number of man-hours expended per task/submission per billing period and the actual direct hourly wage rate for each Consultant staff performing the task /submission. Direct hourly wage rate shall not exceed the Maximum Direct Hourly Wage Rate per title classification and/or ASCE grade in the Project Cost and Work Hour Proposal through the project duration.
Periodic payments will be made during the course of work, based on progress reports submitted by the Consultant and reviewed by the County Engineer. Invoices and progress reports shall be prepared in accordance with the approved County format which will be provided at the project kick-off meeting. The progress report shall include actual project tasks /submission and their related percentage of the overall project, as contained in the original Consultant’s proposal.
Payment will only be made after the work is completed and found to be satisfactory for its intended use per submission. Payment will be made upon approval of vouchers submitted in accordance with the requirements of the County’s Professional Services Agreement and subject to federal cost principles. The periodic payments will not exceed the submission percentage prior to the County approval of the submission.
Notwithstanding this provision (or any other terms of this contract), the County reserves the right to issue an immediate stop work order notice to the Consultant upon receipt of the same from the state and/or federal authorities. No payment for work, expenses or costs after the date of the stop work order notice will be paid by the County (including non-cancelable costs) unless the County receives the same from the state and/or federal cost principles.
The County of Bergen is not liable for any cost incurred by Proposer in the preparation of proposals or for any work performed prior to the approval of an executed contract.
As a condition of engagement by the County, the Consultant will be required to execute a Professional Services Agreement with Bergen County. A sample of this agreement is included in this package. Any and all objections to such agreement must be stated at the time of proposal.
Pricing and Compensation Proposal Pricing and Compensation Proposals, Schedule of Billing rates and DBE Appendices MUST BE PASSWORD ENCRYPTED FOR VIEWING AND SUBMITTED AS A SEPARATE ELECTRONIC ATTACHMENT WITH YOUR PROPOSAL. Do not disclose the passwords to the COUNTY until requested in writing (email) by the Solicitation Manager. The County of Bergen will not be held liable if you fail to follow these instructions. A web based version of the training to encrypt your file is available here; https://support.microsoft.com/en-us/office/protect-an-excel-file-7359d4ae-7213-4ac2-b058- f75e9311b599
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East Anderson Street/Cedar Lane Bridge Preliminary Engineering RFP
VIII. PERFORMANCE EVALUATION
At 50% mark and after project completion, the Consultant’s performance will be evaluated generally based on Schedule, Quality, and Project Management.
IX. PERMISSION TO PUBLISH AND/OR PUBLICIZE FINDINGS
Prior to written acceptance of the project documents by Bergen County, the Consultant shall not publish or otherwise publicize any information relating to the project or its findings without written permission from the County. Permission will not be unreasonably withheld. Written requests for such permission should include an abstract, or outline in the case of oral presentation. A copy of the initial text of the presentation should also be submitted.
The Consultant will refer all inquiries from news organizations to the County. The Consultant will release no information unless specifically directed by the County.
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East Anderson Street/Cedar Lane Bridge Preliminary Engineering RFP
PROPOSAL CHECKLIST
Owner’s CHECKMARKS
A. FAILURE TO SUBMIT ANY OF THESE ITEMS WITH THE ⇓ BID / PROPOSAL IS MANDATORY CAUSE FOR REJECTION _X_ Bid / Proposal _X_ Separately Concealed Cost Proposal as specified in Bonfire
_X_ Resume (s) _X__ List of designated subcontractors/subconsultants _X_ Acknowledgment of receipt of addenda or revisions (if any) _X_ Statement of Ownership
_X_ References / List of previous and/or active relevant work _X_ Other: Copy of NJUCP ESBE certification (s) / Documentation of good Faith Efforts _X_ Other: Proof of NJDOT Approved Overhead Rate(s)
B. ITEMS PREFERRED AT TIME OF BID / PROPOSAL, BUT MANDATORY PRIOR TO AWARD OF CONTRACT _X_ Copy of the N.J. Business Registration Certificate or other acceptable _____ proof of Business Registration for the bidder / respondent and any designated subcontractors _X_ Disclosure of Energy Sector Investment Activities in Iran _____
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East Anderson Street/Cedar Lane Bridge Preliminary Engineering RFP
SIGNATURE PAGE
TO THE COUNTY EXECUTIVE AND BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF BERGEN:
THE UNDERSIGNED HEREBY DECLARES THAT I (WE) HAVE CAREFULLY EXAMINED THE SPECIFICATIONS. I (WE) HEREBY CERTIFY PRICES QUOTED ARE IN ACCORDANCE WITH YOUR REQUIREMENTS.
COMPANY NAME:______(STATE YOUR NAME AS SHOWN ON YOUR FEDERAL TAX RETURNS)
BUSINESS (TRADE) NAME:______(IF DIFFERENT FROM COMPANY NAME)
ADDRESS:______
______
PREPARER’S NAME:______
SIGNATURE: ______
CONTACT PERSON:______
TELEPHONE NUMBER:______
FAX NUMBER: ______
FEI NUMBER: ______
EMAIL ADDRESS: ______
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East Anderson Street/Cedar Lane Bridge Preliminary Engineering RFP
PROPOSAL EVALUATION CRITERIA
The evaluation committee will review all proposals to determine if they satisfy the RFP requirements and evaluate the proposals based upon the Evaluation Criteria. The highest-ranking respondent will then be recommended to the governing body for award of contract, based on the stated evaluation criteria. In scoring against stated criteria, the County may consider such factors as accepted industry standards and a comparative evaluation of all other qualified RFP responses in terms of quality, and contractual factors. These scores will be used to determine the most advantageous offering to the County. The evaluation committee will review and evaluate the offers according to the following criteria:
Qualification/Experience of Firm with Similar Work (Worth 15%)
Expertise of the firm shall be demonstrated by past contract successes providing agencies with design service for similar projects (active or completed) to that requested in this RFP in that 5 years. Respondent will be evaluated on knowledge, experience, prior collaboration and successful completion. In addition to relevant experience, respondents shall provide personnel qualifications in their proposal. Consultant response addresses experience, training, preferred methods, and perspectives which provide unique advantage to the firm.
Proposer shall specify how long the individual/company submitting the proposal has been in the business of providing services similar to those requested in this RFP and under what company name.
Proposer shall provide a minimum of three (3) references that are using services of the type proposed in this RFP. The references may include government agencies where the proposer, preferably within the last three years, has successfully completed contracts of this type. At a minimum, the proposer shall provide the entity’s name, the location where the services were provided, contact person(s), contact’s position, contact’s telephone number, a complete description of the service type, dates the services were provided, and cost of services. These references may be contacted to verify proposer’s ability to perform the contract. The County reserves the right to use any information or additional references deemed necessary to establish the ability of the proposer to perform the conditions of the contract.
Qualifications/Experience/Ability of Key Personnel (Worth 20%)
The proposer shall name the Individual assigned as project manager primary responsibility for the project. The project manager should clearly demonstrate experience with both federally funded and similar type projects.
Key staff in all major disciplines should have worked on similar projects in the past 5 years or are currently involved in similar projects and should have appropriate licenses and degrees in their respective fields.
A resume or summary of qualifications, work experience, education, skills, etc., which emphasizes previous experience in this area should be provided for all key personnel who will be involved with any aspects of the contract.
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East Anderson Street/Cedar Lane Bridge Preliminary Engineering RFP
Resumes shall also be submitted for all sub consultants that will be working on the project which are to include names, address and telephone numbers.
Understanding of Scope of Work and Project Needs (Worth 20%) Proposer’s analysis of the needs detailed in the RFP and proposed actions are thorough and demonstrate proposer’s ability to evaluate data and develop a reasonable response. Methods/Procedures proposed are comprehensive and offer multiple options.
Technical Approach (Worth 20%) The proposal is to thoroughly describe the firm’s ability and technical approach to successfully perform work with available in-house resources, sub-consultant utilization, project management expertise and quality assurance/ quality control ability for the firm and the project manager. Schedule of standard or scheduled services is provided. i.e. daily, weekly, monthly, semi-annual and annual tasks. Acknowledge milestones and delivery of reports, drafts and final document. Where consultant suggests that timelines are unreasonable, recommended timetable alternatives or outline of modified services are required, ensures professional performance of services and completion of tasks within fixed timeframes. Proposer may offer alternatives or concepts that enhance the program, simplify the process, benefit the project, or in other ways benefit the County of Bergen. Innovative procedures that meet or exceed the minimum scope outlined in the RFP are also welcomed.
Project Schedule (Worth 10%)
There should be a thorough discussion of the consultants work plan along with a detailed schedule. Proposer should provide a description of the work plan and the methods to be used that will convincingly demonstrate to the County what the proposer intends to do, the timeframes necessary to accomplish the work, and how the work will be accomplished in keeping with the project schedule.
Experience with Bergen County/NJDOT/NJTPA/FHWA Procedures (Worth 10%)
The firms working knowledge with Bergen County, NJDOT, NJTPA and FHWA procedures shall be demonstrated by providing references for past contract successes which provided agencies with design service for similar projects (active or completed) to that requested in this RFP in the past 5 years. Respondent will be evaluated on knowledge, experience, prior collaboration and successful completion of previous projects that involved Bergen County, NJDOT and FHWA design guides and procedures.
Quality and Presentation of Proposal (Worth 5%)
Proposer shall demonstrate the ability to provide professional analysis, organization, technical writing, develop an approved final Technical document that is complete, clear, and has a professional appearance.
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East Anderson Street/Cedar Lane Bridge Preliminary Engineering RFP
Proposal Evaluation Form
FIRM MAXIMUM WEIGHT POINTS NO. CRITERIA TOTAL % (1 to 5) POINTS POINTS TOTAL POINTS TOTAL POINTS TOTAL QUALIFICATIONS/EXPERIENCE OF FIRM 1 15 WITH SIMILAR WORK QUALIFICATIONS/EXPERIENCE/ABILITY OF KEY PERSONNEL (bridge design, 2 roadway design, drainage design, project 20 administration, construction methods, permitting, environmental, etc.) UNDERSTANDING OF SCOPE OF WORK 3 20 AND PROJECT NEEDS TECHNICAL APPROACH (how will tasks be accomplished, in-house resource 4 20 utilization, sub-consultant utilization, innovative concepts, QA, QC, etc.) 5 PROJECT SCHEDULE 10 EXPERIENCE WITH BERGEN COUNTY 6 10 /NJDOT/NJTPA/FHWA PROCEDURES PRESENTATION OF PROPOSAL 7 5 (Clarity, Proper Format) SCORE TOTAL 100
POINT LEGEND: 1 POOR 2 FAIR EVALUATED BY: ______3 SATISFACTORY 4 GOOD AGENCY: ______5 EXCELLENT DATE: ______
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East Anderson Street/Cedar Lane Bridge Preliminary Engineering RFP
SAMPLE
PROFESSIONAL SERVICES AGREEMENT BETWEEN BERGEN COUNTY AND CONSULTANT
For the following Project: PROFESSIONAL ENGINEERING SERVICES FOR THE PRELIMINARY ENGINEERING PHASE FOR THE REPLACEMENT OF THE EAST ANDERSON STREET/CEDAR LANE BRIDGE OVER THE HACKENSACK RIVER IN THE CITY OF HACKENSACK & TOWNSHIP OF TEANECK, BERGEN COUNTY, NEW JERSEY ______
I. The COUNTY and the CONSULTANT agree as set forth below:
1. The CONSULTANT shall provide professional services for the Project as set forth in the CONSULTANT’s proposal dated ______, in response to the COUNTY’s Request for Proposals (P__-____), received by the COUNTY on ______, for compensation not to exceed Project ceiling amount of $______. The Request for Proposals and the proposal are incorporated herein by reference. Fees for additional work over the ______provided for in this Agreement will be authorized only upon the approval of the Bergen County Board of Chosen Freeholders prior to the additional work being performed.
2. The CONSULTANT shall provide on CD-ROM in Adobe Acrobat or other format identified by the COUNTY, at the COUNTY’s direction, various project related reports, studies, and other documentation which may be utilized to solicit Professional Qualifications or Proposals for other phases of the Project. Reports, studies and other documentation may include, but not be limited to: Conceptual Studies, Feasibility Reports, Environmental Studies, Traffic Studies, Corridor Studies, sketches, drawings, maps and plans.
3. The CONSULTANT warrants that all engineering services shall be performed or approved by an engineer licensed by the New Jersey Board of Professional Engineers and Land Surveyors to practice in the State of New Jersey.
The CONSULTANT warrants that all field survey services shall be performed or approved by a surveyor licensed by the New Jersey Board of Professional Engineers and Land Surveyors to practice in the State of New Jersey.
4. The CONSULTANT is required by the Professional Service Corporation Act (N.J.S.A. 14A: 17-1 et seq.) to be authorized by the New Jersey Board of Professional Engineers and Land Surveyors to provide engineering and/or land surveying services, the CONSULTANT hereby warrants that it is currently so authorized and that it will retain its authorization by the New Jersey Board of Professional Engineers and Land Surveyors until completion of all work under this Agreement.
5. To the extent that it is not inconsistent with the terms of this Agreement, the Request for Proposals for this Project, and the CONSULTANT's proposal of date here is made a part of this Agreement as if set forth herein. Notwithstanding the above, however, all payment and compensation provisions of the proposal are superseded by the terms of this Agreement, whether or not there is conflict or inconsistency between such provisions and such terms.
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East Anderson Street/Cedar Lane Bridge Preliminary Engineering RFP
II. COMPENSATION
This is a Cost Plus Fixed Fee Agreement.
The COUNTY shall compensate the CONSULTANT for allowable direct and indirect costs incurred, together with a Fixed Fee, up to a maximum not-to-exceed Project ceiling amount of $ total proposal amount for satisfactorily performing the work. In addition to this limitation on total compensation, the limitations set forth below on specific categories of costs shall also apply.
Properly drawn payment vouchers will be honored if the Fixed Fee amounts for the CONSULTANT and sub-consultant(s) are correct and the total costs are within the Project not- to exceed ceiling or as amended with Freeholder Resolution of Additional Work modification(s). Invoices will not be rejected if cumulative costs exceed various line item budgets such as direct labor, direct expenses, overhead, or individual sub-consultant ceilings. Billings in excess of estimated line item budget and/or individual sub-consultant ceilings will be considered for payment with CONSULTANT explanation/justification and reallocation of the budget within the maximum not-to-exceed Project ceiling amount, or reduced to the current budget ceiling amount allowed. Monthly payment vouchers must detail actual costs versus budgeted for each of those contract line items. Progress reports must also accompany the monthly payment vouchers.
This Agreement does not create for the CONSULTANT the right to provide any services other than those specifically authorized in Part IV.A. The COUNTY reserves the right to authorize additional work with approval of the Bergen County Board of Chosen Freeholders, perform any Extra Work services needed to complete the project with its own forces, or to contract with other parties for performance of said services.
1. Allowable Costs for Project Work
A. Allowable direct costs are those costs incurred by the CONSULTANT solely for the Project work and services set forth in subparagraph C(i) and in subparagraph D(i) below and not identified as unallowable. Allowable indirect costs are those costs (i.e., payroll burden, general overhead and administrative costs) of the CONSULTANT set forth in subparagraph C(ii) below which are not identified solely with one agreement, but are rather, companywide or attributable to more than one agreement of the CONSULTANT, and are not identified as unallowable.
B. Unallowable costs are those costs identified in the Agreement as unallowable or nonreimbursable; costs identified as unallowable or nonreimbursable by New Jersey Department of Transportation policies and practices pertinent to agreement compensation; and costs identified as unallowable or nonreimbursable in FAR (Federal Acquisition Regulations Subpart 31.2 - Contracts with Commercial Organizations (48 C.F.R. 31.201 et. seq.).
If costs are identified as unallowable or nonreimbursable in any one of the categories specified in the previous sentence, they shall be considered unallowable costs.
C. The COUNTY shall reimburse the CONSULTANT upon receipt of properly drawn 44
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monthly invoices for those portions of its allowable direct labor and indirect costs incurred for Project work, up to a maximum total reimbursement of allowable costs of $ salaries + overhead amount.
The COUNTY shall reimburse the CONSULTANT for the following allowable direct labor and indirect costs:
i. As allowable direct costs, wages earned by partners and principals while performing technical work on the Project and the actual wages paid to employees for work on the Project. A Certified Payroll Schedule shall be submitted with the first invoice and shall list all employees of the CONSULTANT and sub- consultant(s) separately, who will perform technical functions on the project, stating their names, titles, ASCE grades, and direct hourly wage rates as of the awarded date posted on the COUNTY website.
The CONSULTANT shall provide an additional certified payroll when a cost proposal is required for Additional or Extra Work and when employee(s) direct hourly wage rates change. The COUNTY may request special documentation of any wage rate or individual job function at any time it deems necessary during the Agreement duration. No individual shall be shown on any invoice unless his or her function and title have been approved by the COUNTY and wage rates have been documented in the project’s then current Certified Payroll Schedule. Direct hourly wage rate shall not exceed the “Maximum Direct Hourly Wage Rate” per title and/or ASCE grade as proposed in the CONSULTANT’s cost proposal through the Agreement duration or from the date of Additional or Extra Work modification as appropriate.
Upon notice to the Consultant, the Consultant and each sub-consultant will be required to provide monthly employment and wage data to the New Jersey Department of Transportation (NJDOT) via a web based application and on line electronic Form CC-257R, “Monthly Employment Utilization Report”. All consultants and sub-consultants must file employment and wage data reports no later than 10 calendar days following the end of the reporting month. All employment and wage data must be verified as correct and accurate in corroboration with the certified payroll records. Consultants are responsible for insuring that their sub-consultants comply with these reporting requirements. Failure to provide the requested employment and wage data may impact your current Pre-Qualification contract rating with the New Jersey Department of Transportation.
ii. As allowable indirect costs, NJDOT approved overhead rate of ____ % shall be used for the duration of this contract.
D. The COUNTY shall reimburse the CONSULTANT as allowable direct non-salary costs, costs incurred for the following itemize expenses which are directly chargeable to the Project, and not normally provided as part of overhead, up to an amount not to exceed $ direct expense amount.
i. Use of non-consultant owned vehicles at a mileage rate approved by the COUNTY which will be at the actual company reimbursement rate allowed or at the mileage rate limitation noted in the current Federal Travel Regulation, whichever is lesser, exclusive of commutation. The current Federal Travel Regulation mileage limitations are at http://www.gsa.gov/mileage.
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ii. Expendable materials and equipment rental as approved by the COUNTY.
iii. Vendor invoiced prints, reproductions, renderings, and acquisition of documents.
iv. Provision of all regular and special equipment, tools, labor, and all else necessary to perform any task or inspection, including, but not limited to, sampling, testing and traffic control.
v. Subcontracted work as approved by the COUNTY.
E. If, during the duration of this Agreement, the CONSULTANT determines the costs to be incurred in any of the cost categories set forth in Part II.1.C.i. and ii or Part II.1.D.i. will be less than the category limitations contained therein, the CONSULTANT may ask the COUNTY to transfer the excess monies to one of the other categories to cover the cost of additional work or anticipated overages within the scope of the Agreement or a previously executed extra work Consultant Agreement Modification. The CONSULTANT must provide the COUNTY with a complete written justification for the transfer and gain approval from the COUNTY before performing the proposed additional work or before incurring costs in excess of a category limitation.
1. Fixed Fee
The COUNTY shall pay the CONSULTANT a Fixed Fee of $ fixed fee amount for performance of Project work in a satisfactory manner. The COUNTY shall pay as invoices are approved, a percentage of the Fixed Fee, which percentage shall be equal to the percentage of the Project completed during the period covered by the invoice as shown on the CONSULTANT's monthly progress report.
2. Payment for Additional Work Costs and Related Fixed Fee
If the COUNTY orders a change in the work which constitutes Additional Work, the COUNTY shall pay the CONSULTANT for Additional Work costs in accordance with allowable costs incurred, as defined, and in a manner set forth, in paragraph 1 above. Additional Work is defined as work performed by the CONSULTANT outside of the scope or limits of Project work (as expanded by a Freeholder Resolution) but connected with the Project, and/or work necessitated by the revision of approved completed work, and/or work designated as Additional or Extra Work in this Agreement. In addition to payment of additional costs, the COUNTY shall pay a negotiated Fixed Fee for Additional Work. The Fixed Fee shall be treated in the manner set forth in paragraph 2 above. Allowable costs and Fixed Fee for Additional Work shall be established by Bergen County Freeholder Resolution and shall be in addition to the limitations established in paragraphs 1 and 2, above, for the Agreement. They shall be invoiced as new tasks from the Agreement work and other Additional or Extra Work.
The CONSULTANT shall perform no Additional or Extra Work without having received prior written notice from the COUNTY authorizing such work.
3. Payment of Sub-consultant(s)
All payments for work, Additional Work and Extra Work subcontracted by the CONSULTANT, if any, shall be made to the CONSULTANT upon properly submitted invoices. All work performed by sub-consultant(s) on the Project shall be treated as being 46
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performed by the CONSULTANT. The CONSULTANT shall remain responsible for satisfactory performance of all work.
The reimbursement limitations set forth in paragraphs 1 and 2 above, include the compensation to be paid the CONSULTANT for work performed by sub-consultant(s) as CONSULTANT’s allowable direct non-salary cost.
The CONSULTANT may be paid either its costs plus a fixed fee or a fixed price for work performed by each sub-consultant. If the CONSULTANT is paid on a cost plus fixed fee basis for work performed by a sub-consultant, the provisions of paragraphs 1 and 2, but not the limitations contained therein, shall apply. The cost plus fixed fee limitations for each such subcontract shall be as set forth in the CONSULTANT’s proposal dated ______. If the CONSULTANT is paid on a fixed price basis for the work performed by a sub-consultant, the fixed price set forth in the CONSULTANT’s proposal dated ______shall be considered full compensation for all costs incurred by the CONSULTANT for work performed by that sub-consultant. Payment of the fixed price shall be made on monthly invoices submitted by the CONSULTANT based upon the percentage of the subcontracted work completed, as shown in the CONSULTANT's monthly progress reports. The CONSULTANT may not withhold retainage from Sub- consultant(s).
5. Payment of Overpayment
In the event of overpayment to the CONSULTANT, the COUNTY may, at its option either require the CONSULTANT to repay the overpayment or deduct the amount of overpayment from monies due the CONSULTANT under this Agreement.
6. Retention of Records
A. The CONSULTANT and its subconsultant(s) shall maintain all documentation related to products, transactions or services under this contract for a period of five years from the date of final payment. Such records shall be made available to the New Jersey Office of the State Comptroller upon request. (N.J.A.C. 17:44-2.2)
B. FAR Subpart 4.7 - Contractor Records Retention (Apr. 1984) (48 C.F.R. 4.700 et seq.) and FAR 52.215-1 (Apr. 1984) (48 C.F.R. 52-215-1) are hereby made a part of this Agreement by reference as if set forth fully herein. C. The CONSULTANT and its subconsultant(s) shall make available at its office at all times requested retained records and records involved with disputes, litigation or settlement of claims for examination, audit, and/or reproduction by the COUNTY without conditions of any type.
7. Final Payment
When in the opinion of the CONSULTANT all work required by the Agreement has been completed, it shall notify the COUNTY in writing of this. The COUNTY will notify the CONSULTANT that it shall submit a final invoice which shall include the following release clause: "In consideration of the requested final payment, the CONSULTANT hereby releases and gives up any and all claims the CONSULTANT may have, now or in the future, against the County of Bergen, its officers and employees, arising out of any and all obligations assumed and work performed under the Professional Services Agreement for PROFESSIONAL ENGINEERING SERVICES FOR THE PRELIMINARY ENGINEERING PHASE FOR THE REPLACEMENT OF THE EAST ANDERSON 47
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STREET/CEDAR LANE BRIDGE OVER THE HACKENSACK RIVER IN THE CITY OF HACKENSACK & TOWNSHIP OF TEANECK, BERGEN COUNTY, NEW JERSEY, including claims for Extra or Additional Work." If this invoice is accepted by the COUNTY, the COUNTY will then make final payment to the CONSULTANT. It is expressly understood and agreed that this final payment shall not waive any rights of the COUNTY to adjust and collect subsequently disclosed overpayments.
Should the Agreement be terminated prior to completion of all work, the procedures set forth in the above paragraph shall be followed to close out the Agreement.
III. TIME
The COUNTY and CONSULTANT agree that:
1. Work under this Agreement shall begin within ten (10) calendar days of the CONSULTANT's receipt of written notice from the COUNTY to proceed and be completed within twenty-four (24) months of the COUNTY’s notice to proceed.
2. Additional Work or Extra Work shall begin within ten (10) calendar days of receipt by the CONSULTANT of a copy of the Bergen County Freeholders Resolution authorizing such Additional Work or Extra Work and shall be completed by the date established for the completion of the work under paragraph 1 above, unless a new completion date for all work under this Agreement or for the specific Additional Work or Extra Work in question is established.
IV. STATEMENT OF CONSULTANT'S WORK AND SERVICES
1. The CONSULTANT shall:
A. Perform the work tasks described in the Request for Proposals, dated date here and incorporated herein pursuant to paragraph I.5. above.
B. At no cost to the COUNTY, give general advice, revise completed contract documents, and make visits to the construction site, as required, to correct all errors and omissions in the plans or specifications and to discuss the conformity between the project construction and construction contract documents.
C. Except for work being performed by an approved subconsultant/subcontractor, perform all other work. All work performed by subconsultant(s) on the Project shall be treated as being performed by the CONSULTANT. The CONSULTANT shall remain responsible for satisfactory performance of all work.
2. The CONSULTANT agrees to ensure that Emerging Small Business Enterprises (ESBEs), as defined in NJDOT Disadvantaged Business Enterprise Program, and the Disadvantaged Business Program (DBE) as defined in 49 CFR, Part 26, Subpart B and FTA Circular 4716.1A, or the State Small Business Program (SBE’s I, II, III, IV, V) criteria, set forth in
N.J.A.C. 12A:10 (N.J.A.C. 17:13) and N.J.A.C. 12A:10A (N.J.A. 14:14) have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal and/or State funds. For this Agreement, the ESBE participation goal, as established by the N.J. Department of Transportation, shall be a minimum of 13.23% of the Project cost. The Consultant hereby commits to make a good 48
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faith effort to achieve a ESBE goal of 13.23% under this Agreement. Failure to achieve or make a good faith effort to meet the established goal may result in sanctions and/or project termination.
V. The CONSULTANT’s representative and coordinator for this Project, to whom the COUNTY will address all correspondence is: ______
The CONSULTANT's project representative, address and telephone number may be changed by the CONSULTANT upon written notification and approval by the COUNTY.
VI. The COUNTY's coordinator for this Project, to whom the CONSULTANT shall address all correspondence, is:
Joseph Baladi, PE Planning Division - Division Head Bergen County Department of Planning and Engineering One Bergen County Plaza 4th Floor, Hackensack , New Jersey 07601-7076
With copy to:
Joseph A. Femia, PE Director and County Engineer Bergen County Department of Planning and Engineering One Bergen County Plaza 4th Floor, Hackensack , New Jersey 07601-7076
The COUNTY's coordinator, address and telephone number may be changed by the COUNTY upon written notification to the CONSULTANT.
VII. STANDARD TERMS AND CONDITIONS
1. Applicable Law
This Agreement shall be governed by the terms of the Local Public Contracts Law, NJSA 40A:11-1 et seq. and all other applicable provisions of New Jersey Law. The CONSULTANT shall stay fully informed of all Federal, State, and local laws, ordinances, and regulations, and all orders and decrees of bodies or tribunals having any jurisdiction or authority, which in any manner affect those engaged or employed on the Project, or which in any way affect the conduct of the work. It shall at all times observe and comply with, and shall cause its agents, subcontractors and employees to observe and comply with, all such laws, ordinances, regulations, orders, and decrees, and shall protect and indemnify the COUNTY and its representatives against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order, or decree, whether by itself or its agents, subcontractors or employees. If any discrepancy or inconsistency is discovered between the Agreement and any such law, ordinance, 49
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regulation, order or decree, the CONSULTANT shall immediately report the same to the COUNTY in writing.
2. Permits and Licenses
The CONSULTANT shall procure all permits, grants and licenses and give all notices necessary and incidental to the due and lawful performance of the work, except that where the COUNTY has procured permits, grants or licenses relating to the performance of the work, the CONSULTANT will be relieved of the above obligation to the extent provided by the terms of such permit, grant or license. However, the CONSULTANT shall advise the issuing agency or party of its proposed operations and obtain their cooperation and such supplemental permission as may be necessary. The CONSULTANT shall obtain from the COUNTY all available information on the permits, grants and license it has obtained. Charges for permits, grants and licenses in connection with the work shall be paid by the COUNTY and shall not be included in the Allowable Costs of this Agreement.
3. Patented Devices, Materials and Processes
If the CONSULTANT employs any design, device, material, or process covered by letters of patent or copyright, it shall provide for such use by suitable legal agreement with the patentee or owner. The CONSULTANT shall assume all costs arising from the use of patented materials, equipment, devices, or processes used on or incorporated in the work. The CONSULTANT shall defend, indemnify and save harmless the COUNTY, any affected third party, or political subdivision from any and all claims for infringement by reason of the use of any such patented design, device, material or process, or any trademark or copyright, and shall indemnify the COUNTY for any costs, expenses and damages which it may be obliged to pay by reason of an infringement, at any time during the prosecution of or after the acceptance of the work.
4. Independent Contractor
The relationship of the CONSULTANT to the COUNTY is that of an independent contractor, and said CONSULTANT, in accordance with its status as an independent contractor, covenants and agrees that it will conduct itself consistent with such status, that it will neither hold itself out as, nor claim to be, an officer or employee of the COUNTY by reason hereof. The CONSULTANT will not, by reason hereof, make any claim, demand or application to or for any right or privilege applicable to an officer or employee of the COUNTY, including but not limited to, workers’ compensation coverage, unemployment insurance benefits, social security coverage, or retirement membership or credit.
5. Third Party Beneficiary Clause
It is specifically agreed between the parties executing this Agreement that it is not intended by any of the provisions of any part of the Agreement to make the public or any member thereof a third party beneficiary hereunder, or to authorize anyone not a party to the Agreement to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of the Agreement.
It is the further intent of the COUNTY and the CONSUNTANT in executing this Agreement that no individual, firm, corporation, or any combination thereof, which supplies materials, labor, services or equipment to the CONSULTANT for the 50
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performance of the work becomes thereby a third party beneficiary of this Agreement. The COUNTY and the CONSULTANT understand that such individual, firm, corporation, or combination thereof, has no right to bring an action in the courts of this State against the COUNTY.
6. Assignment of Funds and Claims
The CONSULTANT shall not transfer or assign to any person any funds, due or to become due, under this Agreement, or claims of any nature it has against the COUNTY, without the written approval of the COUNTY having first been obtained. The COUNTY in its sole discretion, considering primarily the interests of the COUNTY, may grant or deny such approval.
7. Personal Liability of Public Officials
In carrying out any of the provisions of the Agreement, or in exercising any power or authority granted to them by or within the scope of the Agreement, there shall be no liability upon the Bergen County Board of Chosen Freeholders, or other County officers or employees of the COUNTY, either personally or as officials of the COUNTY, it being understood that in all such matters they act solely as agents and representatives of the COUNTY.
8. Recovery of Monies by the County
Whenever it is provided that the COUNTY withhold or deduct money from the monies due or to become due the CONSULTANT, or that the CONSULTANT is to pay or return monies to the COUNTY for any reason, or that the COUNTY can charge against the CONSULTANT certain costs, assessments or fines, or that the COUNTY can recover any sum for any reason from the CONSULTANT, it is understood that the COUNTY has available to it all monies due or to become due the CONSULTANT under this Agreement as well as under other agreements between the CONSULTANT and the COUNTY. Such other agreements shall include joint ventures in which the CONSULTANT is a participant, but only to the extent of its participation. The right to recover against the CONSULTANT as herein provided is in addition to and does not affect the right of the COUNTY to seek recovery against the CONSULTANT as otherwise allowed by law.
9. No Waiver of Legal Rights
Notwithstanding any other provision of this Agreement, for a period of 3 years after final acceptance all estimates and payments made pursuant to the Agreement, including the Final Payment, shall be subject to correction and adjustment for clerical or other errors in the calculations involved in the determination of quantities and payments. The CONSULTANT and the COUNTY agree to pay to the other any sum due under this provision, provided, however, if the total sum to be paid is less than $100, no such payment shall be made.
A waiver on the part of the COUNTY of any breach of any part of the Agreement shall not be held to be a waiver of any other or subsequent breach.
Except as limited by law, the CONSULTANT shall be liable to the COUNTY at any time both before and after completion of the work and final payment for latent defects, fraud, or such gross mistakes as may amount to fraud, or as regards the COUNTY’s rights under 51
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any warranty or guaranty.
10. Limitations of Liability
In no event, whether under the provisions of this Agreement, as a result of breach hereof, tort (including negligence) or otherwise, shall the COUNTY by liable to the CONSULTANT for any special, consequential, incidental or punitive damages including, but not limited to, loss of profit or revenues, cost of capital, or interest of any nature.
11. Indemnification
The CONSULTANT shall defend, indemnify, protect, and save harmless the COUNTY, its agents, servants, and employees from and against any and all suits, claims, losses, demands or damages of whatever kind or nature arising out of or claimed to arise out of any willful misconduct or negligent act, error, or omission of the CONSULTANT, its agents, servants, employees and subcontractors in the performance of this Agreement. The CONSULTANT shall, at its own expense, appear, defend and pay all charges for attorneys and all costs and other expenses arising from such suit or claim or incurred in connection therewith. If any judgment shall be rendered against the COUNTY for which indemnification is provided under this paragraph, the CONSULTANT shall at its own expense satisfy and discharge the same.
The COUNTY shall, as soon as practicable after a claim has been made against it, arising out of or claimed to arise out of the willful or negligent act, error or omission of the CONSULTANT, its agents, servants or employees, give written notice thereof to the CONSULTANT along with full and complete particulars of the claim. If suit is brought against the COUNTY or any of it s agents, servants, and employees, the COUNTY shall expeditiously forward or have forwarded to the CONSULTANT every demand, complaint, notice, summons, pleading, or other process received by the COUNTY or its representatives.
It is expressly agreed and understood that any approval by the COUNTY of the services performed and/or reports, plans or specifications provided by the CONSULTANT shall not operate to limit the obligations of the CONSULTANT assumed in this provision or in the other provisions of this Agreement. It is further understood and agreed that the COUNTY assumes no obligation to indemnify or save harmless the CONSULTANT, its agents, servants, employees and subcontractors from and against any claim which may arise out of their performance of this Agreement. Furthermore, the CONSULTANT expressly understands and agrees that the provisions of this indemnification clause shall in no way limit the CONSULTANT’s obligations assumed in this Agreement, nor shall they be construed to relieve the CONSULTANT from any liability, nor preclude the COUNTY from taking any other actions available to it under any other provisions of this Agreement or otherwise in law.
12. Insurance
The CONSULTANT has provided proof of all insurance required in this section of the Agreement, and shall maintain this insurance for the duration of this Agreement except as otherwise noted herein. Minimum insurance required under this section shall consist of the following:
A. COMMERCIAL GENERAL LIABILITY INSURANCE The minimum limits of liability for this insurance shall be as follows: 52
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BODILY INJURY LIABILITY Each Occurrence Aggregate $1,000,000 $2,000,000
PROPERTY DAMAGE LIABILITY Each Occurrence Aggregate $1,000,000 $2,000,000
The above required commercial general liability insurance shall name the COUNTY, its officers, and employees as additional insureds. The coverage to be provided under this policy shall be at least as broad as the standard, basic unamended and unendorsed commercial general liability policy of the CONSULTANT, and shall include contractual liability coverage. In the event that the above coverage is or may be impaired by claims against the CONSULTANT, the COUNTY in its sole discretion, may increase the aggregate limits in order to provide the minimum protection to the COUNTY as required above. Commercial general liability insurance shall be procured and maintained until at least one year after the completion of all services performed under this Agreement. For design services, this shall be the date that plans and specifications are approved by the COUNTY.
B. BUSINESS AUTOMOBILE LIABILITY INSURANCE The business automobile liability policy shall cover owned, non-owned, and hired vehicles with minimum limits as follows:
BODILY INJURY LIABILITY Each Occurrence Aggregate $1,000,000 $1,000,000
PROPERTY DAMAGE LIABILITY Each Occurrence Aggregate $1,000,000 $1,000,000
C. WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Workers compensation insurance or its equivalent with statutory benefits as required by any state or Federal law, including standard "other states" coverage; employers liability insurance or its equivalent with minimum limits of:
$1,000,000 each accident for bodily injury by accident; $1,000,000 each employee for bodily injury by disease; and $1,000,000 policy limit for bodily injury by disease.
D. PROFESSIONAL LIABILITY INSURANCE
The CONSULTANT shall carry errors and omissions, professional liability insurance and/or professional malpractice insurance sufficient to protect the CONSULTANT from liabilities arising out of professional obligations performed pursuant to the requirements of this Agreement. This insurance shall be in the amount of $1,000,000, and shall be in such policy form as shall be approved by the COUNTY. Should the CONSULTANT change carriers during the term of this Agreement, it shall obtain from its new errors and omissions, professional liability insurance and/or professional malpractice insurance carrier an endorsement for retroactive coverage.
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13. Notice
“Written notice” shall be sufficiently given when delivered or sent by United States mail to the CONSULTANT’s project representative or to the County Engineer, respectively, at the address shown in this Agreement.
14. Consultant
The term “CONSULTANT” means the person, firm, or corporation which will perform the work. The term is used collectively to include the CONSULTANT and all other persons, firms, or corporations employed or contracted with by the CONSULTANT in connection with this Agreement.
The CONSULTANT shall assign to the work a competent project representative who shall coordinate all phases of the work, including additions and revisions thereto, until final acceptance of the work. The project representative’s educational background and job experience shall be submitted to the COUNTY for review. The representative shall be approved by the COUNTY in writing. The representative shall be available to the County at all reasonable times and all correspondence form the COUNTY to the CONSULTANT relative to the Project shall be directed to him or her.
The CONSULTANT shall not remove any project representative, consulting engineer, specialist or other person whose name is submitted to the COUNTY as part of the CONSULTANT’s Professional Qualifications or Proposal, without the COUNTY’s prior approval. The CONSULTANT acknowledges that the COUNTY relied on Project participation by all persons named in the Professional Qualifications and Proposal in entering into this Agreement with the CONSULTANT. The COUNTY reserves the right to have such person replaced if, in the judgment of the COUNTY, any such person proves unsatisfactory.
The CONSULTANT shall allow representatives of the COUNTY to visit the office(s) of the CONSULTANT periodically, without notice, in order to monitor work being performed under this Agreement.
15. Subcontracting When the CONSULTANT intends to subcontract any work under this Agreement, the subcontract must be consented to by the COUNTY prior to the CONSULTANT entering into the subcontract. It is understood, however, that consent of the COUNTY for the subcontracting of any work under this Agreement in no way relieves the CONSULTANT from its full obligations under the Agreement. The CONSULTANT shall at all times give personal attention to the fulfillment of this Agreement and shall keep the work under its control. Consent to the subcontracting of any part of the work shall not be construed to be an approval of said subcontract or of any of its terms, but shall operate only as an approval of the CONSULTANT’s request for the making of a subcontract between the CONSULTANT and its chosen subcontractor. The CONSULTANT shall be responsible for all work performed by the subcontractor, which shall conform to the provisions of this Agreement. The CONSULTANT may not withhold retainage from Subconsultants.
16. Quality Management Plan
The CONSULTANT shall submit a Quality Management Plan to the COUNTY prior to the start of the Project.
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The CONSULTANT shall establish and maintain a Quality Management Plan approved by the COUNTY, which sets forth both the CONSULTANT's policy for quality control and procedures for implementing that policy during the performance of work on the Project. All work performed by the CONSULTANT shall be in conformity with the Quality Management Plan approved by the COUNTY. Approval of the Quality Management Plan by the COUNTY does not relieve the CONSULTANT of any liability for any deficiency in the work. The COUNTY, by approving the Quality Management
Plan, does not accept any liability therefore or for any deficiency or error in the work performed by the CONSULTANT. If after approval by the COUNTY of the Quality Management Plan, the COUNTY determines that the CONSULTANT has not conformed with the approved Quality Management Plan, the COUNTY will so notify the CONSULTANT in writing and require the submission of a corrective action plan within 30 days of the date of the non-conformity notice. Failure of the CONSULTANT to provide a timely corrective action plan deemed satisfactory by the COUNTY may be considered a material breach of this Agreement.
17. County’s Right to Withhold Payments
The COUNTY shall have the right to withhold form payments due the CONSULTANT such sums as are necessary to protect the COUNTY against any loss or damage which may result from negligence or unsatisfactory work by the CONSULTANT, failure by the CONSULTANT to perform its obligations, or claims filed against the CONSULTANT or the COUNTY relating to the CONSULTANT’s work or resulting therefrom.
18. Ownership of Documents
Documents of every nature prepared under or as a result of this Agreement, including, but not limited to, all basic notes, sketches, drawings, specifications, computations, test data, survey results, models, photographs and renderings are the property of the COUNTY. They shall be delivered to the COUNTY in good condition and properly indexed prior to final payment. The CONSULTANT assumes the positive obligation of maintaining all such documents until delivery to the COUNTY. The COUNTY may use these documents without reservation.
The CONSULTANT may retain and use copies of all such documents. The CONSULTANT will not be responsible for another party’s application of the information contained in such documents other than that for which the information was intended. All technical data in regard to this Agreement, whether existing in the office of the CONSULTANT or existing in the offices of the COUNTY, shall be made available to either party to this Agreement without expense to the other party.
19. Monthly Reporting
The CONSULTANT shall submit the following on a monthly basis to the COUNTY for its approval:
A. Unless otherwise stated in the RFP, monthly Progress Reports are required regardless of billing activity. They shall include the following: i. A narrative description of the work performed during the reporting period and, if necessary, a discussion of any difficulties or delays encountered; ii . A comparison, by task, of work performed to the baseline schedule including a narrative which clearly depicts the percentage completed by task; 55
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iii. A comparison, by task, of costs incurred with amounts budgeted (not applicable to Fixed Price Agreements); iv. The percentage of work completed to date; v. A list indicating those submissions for which the CONSULTANT is awaiting a response.
B. Invoices: i. The CONSULTANT shall prepare and submit two original company invoices for payment for work performed under this Agreement on Payment Voucher forms supplied by the COUNTY. ii. The CONSULTANT shall submit a separate company invoice for each billing under this Agreement which includes a grand summary and supporting summaries for each Consultant Agreement Modification for Extra Work and sub- consultant work. iii. Each invoice shall contain, but is not limited to, the following: a. Project Name b. The Consultant Agreement date, RFP #, PO #, Account # c. The billing period covered by the invoice d. The amount of the current billing and the amount for the items listed as follows: 1. For Cost Plus Fixed Fee Agreements: i. Salary/Wage Expense ii. Payroll Burden & Overhead iii. Non-Salary Direct Expense (detailed line item w/ back up) iv. Sub-consultant Expense v. Proportional Amount of Fixed Fee 2. For Fixed Price Agreements Plus Direct Non-Salary Expense Agreements: i. Fixed Price Prime ii. Fixed Price Sub-consultant Expense iii. Direct Non-Salary Expense (detailed line item w/ back up) 3. For Fixed Price Agreements i. Fixed Price – Prime ii. Fixed Price – Sub-consultant e. Other items as determined by the COUNTY and communicated to the CONSULTANT in writing. iv. Receipts are required to be submitted with an invoice for direct expenses. v. The CONSULTANT shall prepare the Final Invoice in accordance with the Agreement. vi The COUNTY will not process any invoice for payment without accompanying monthly progress reports for the corresponding reporting periods. vii. The COUNTY will not process for payment any monthly invoice that shows the total amount payable to be less than $2,000.00 for agreements with maximum project amounts in excess of $100,000.00 or less than 2% of the maximum project amount for all other agreements, unless the CONSULTANT’s written justification for such a payment is approved by the COUNTY. In no event however, will the CONSULTANT precluded from submitting an invoice in a lesser amount if there has been no project work performed in at least three months and the COUNTY has been so notified. 56
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viii. Upon notice to CONSULTANT, the Consultant and each sub- consultant will be required to provide monthly employment and wage data to the NJDOT via web based application and on line electronic Form CC-257R, “Monthly Employment Utilization Report”. All consultants and sub-consultants must file employment and wage data reports no later than 10 calendar days following the end of the reporting month. All employment and wage data must be verified as correct and accurate in corroboration with the certified payroll records. Consultants are responsible for insuring that their sub-consultants comply with these reporting requirements.
C. Prompt Payment Provisions – County Billing & Payment Cycles
Contracts for the improvement of real property and related design professional contracts are subject to the prompt payment provisions of N.J.S.A. 2A:30A-1, et seq., as amended (P.L. 2006, c. 96), modified, however, in accordance with the COUNTY's billing and payment cycles, as follows. The CONSULTANT will bill for periodic payments under the contract no more frequently than monthly.
Absent extraordinary circumstances, approval by the Bergen County Board of Chosen Freeholders is required for each periodic payment, final payment or payment of retainage monies. The Board of Chosen Freeholders regularly, but not always, meets on the second and fourth Thursdays of each month. (A specific schedule of meeting dates will be supplied to the Consultant upon request.) The COUNTY reserves the right to amend its regular meeting schedule upon notice to the CONSULTANT.
The CONSULTANT should submit a bill (including a properly prepared, dated and signed COUNTY voucher) to the COUNTY at least 27 days prior to a Freeholder meeting date. The "billing date" is the date when the COUNTY receives the bill. The COUNTY mails payment of approved bills by no later than the sixth business day following the Freeholder meeting at which payment is approved.
If the COUNTY challenges all or part of a bill submitted by the CONSULTANT, the COUNTY will notify the CONSULTANT in writing of the amount(s) withheld and the reason(s) therefor within 3 business days following the Freeholder meeting that occurs on or after the 20th day following the billing date.
Pursuant to N.J.S.A. 2A:30-2b, as amended (P.L. 2006, c. 96), the CONSULTANT shall pay its subconsultants and subcontractors within 10 days of receipt of payment from the COUNTY and those subconsultants and subcontractors shall pay their sub- subconsultants and sub-subcontractors within 10 days of receipt of payment from the CONSULTANT, unless otherwise agreed between the parties.
20. Changes – Consultant Agreement Additional or Extra Work
The COUNTY reserves the right to make such alterations, deviations, additions to or omissions from the work to be performed under this Agreement or from the provisions of the Agreement affecting performance of the work including the right to increase or decrease all or any portion of the work or to omit all or any portion of the work, as may 57
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be deemed by the COUNTY to be necessary or advisable. The COUNTY may also require such Additional or Extra Work as the COUNTY may determine to be necessary for proper completion of the Project. Such increases or decreases, alterations and omissions shall not invalidate the Agreement, and the CONSULTANT agrees to accept the work as changed, the same as if it had been a part of the original Agreement.
All changes, extensions of time and adjustments to compensation deemed appropriate by the COUNTY will be formalized. The COUNTY may direct the CONSULTANT to proceed with a desired change by written notice issued prior to formalization of the change, and the CONSULTANT shall comply. In such cases, the COUNTY will, as soon as practicable, formalize the requested Additional or Extra Work. The CONSULTANT shall not proceed with work which it believes or claims involve a change without prior written notice from the COUNTY authorizing the work. In such event the CONSULTANT shall give written notice to the COUNTY advising the COUNTY of its claim. If it is determined pursuant to provision 27 that the work does, in fact, constitute a change, an appropriate Additional or Extra Work authorization will be issued. However, if the determination made pursuant to provision 27 is that the work does not constitute a change, then the COUNTY will give written notice to the CONSULTANT to proceed with the work in accordance wit the Agreement.
The CONSULTANT shall not be reimbursed for work of any nature made necessary because of errors or omissions attributable to the CONSULTANT.
21. Final Design Option
At the option of the County and subject to NJDOT approval, the Consultant may be retained for Final Design (FD) services. If Consultant and County are able to reach acceptable contract terms and compensation for FD then the County will request NJDOT authorize an amendment to this Agreement to include FD.
22. Disputes
If, during the course of the Agreement, a dispute between the COUNTY and the CONSULTANT arises to which N.J.S.A. 40A:11-50 is applicable, the parties will participate, in good faith, in non-binding mediation.
Mediation is intended to be an informal process for resolving disputes between the CONSULTANT and COUNTY. Both parties shall act in good faith and exercise their best efforts to achieve a reasonable settlement of disputes.
Either party may demand such mediation by written notice to the other party. The written notice shall contain at least: (a) A brief statement of the nature of the dispute, and (b) the name, address and phone number of that party’s designated representative for the purposes of mediation.
The other party shall designate its representative for mediation in writing no later than five business days after receipt of the demand for mediation. The respective designees shall thereupon, and promptly, with due regard for the need for timely action, choose a mediator.
If the parties cannot agree on a mediator, or if they prefer, they shall choose a reputable mediation firm. Any mediation firm so chosen shall present to the parties a list of at least five proposed mediators, along with a summary of each person’s qualifications to serve 58
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as the mediator. Each party shall rank the proposed mediators in order of preference. The fifth or lower ranked person on each party’s list shall be excluded from further consideration. Each party shall assign a score of “4” to their first choice, “3” to their second choice, “2” to their third choice and “1” to their remaining fourth choice. The parties’ score for each person shall then be added together. The person with the highest combined score shall be the chosen mediator. In the event of a tie, the mediator shall be chosen by lot.
The parties will not be bound by the Rules of Evidence in presenting their positions before the mediator. The mediation shall be conducted in such reasonable and efficient manner as may be agreed between the parties and the mediator or, lacking such agreement, as may be determined by the mediator. Each party will bear its own costs of participation in mediation, and they will each pay one-half the costs of the mediator.
If, after a good faith effort to resolve the dispute through mediation, the dispute is not resolved, either party may terminate the mediation by written notice to the mediator and the other party. In that event, either party may submit the dispute to the Superior Court of New Jersey, Bergen County, for adjudication, which Court shall have exclusive original jurisdiction of the dispute.
23. Assignment
At the option of the COUNTY, this Agreement shall bind the heirs, representatives, successors, or assigns of the CONSULTANT. Any purported transfer or assignment of this obligation without written approval or consent by the COUNTY shall be void.
24. Special Procurements
If the CONSULTANT desires to procure any goods, services, or documents for which reimbursement will be sought, and which were not specifically itemized in this agreement or in the CONSULTANT’s proposal as revised and approved by the COUNTY, it shall obtain the COUNTY’s written approval prior to the procurement. In addition, the CONSULTANT shall recommend, for the COUNTY’s consideration, the specific requirements or specifications. Upon securing approval for both the reimbursement and the specific requirements or specifications, the CONSULTANT shall proceed wit the procurement. No claim for delay shall be made for the time involved in securing the COUNTY’s approval.
25. Solicitation
The CONSULTANT warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this Agreement and that it has not paid or agreed to pay any company or person other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the COUNTY shall have the right either to annul this Agreement without liability, or to deduct from the Agreement price or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or consideration.
26. Buy American
Only manufactured and farm products of the United States, wherever available, will be 59
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used in the work. N.J.S.A. 40A:11-18.
27. Work by Others
The COUNTY reserves the right to employ other architects, engineers, and consultants in connection with the work.
28. Information Concerning Project
The CONSULTANT will not divulge information concerning this Project to anyone (including, for example, information in applications for permits, variances, etc.) without prior approval or direction of the COUNTY. It will obtain similar agreements from persons and firms employed by it. The COUNTY reserves the right to release all information as well as to time its release, form and content. This requirement shall survive the expiration of the Agreement.
29. Scheduling
All time limits as stated in the Agreement are of the essence.
Before beginning the work, the CONSULTANT shall submit for the COUNTY’s approval a schedule setting forth its plan for completing the work in accordance with the agreement. Following approval by the COUNTY, the CONSULTANT shall complete all work in accordance with the approved schedule. It shall coordinate and advance all work items in this Agreement and any Consultant Agreement Modification efficiently and economically consonant with the scheduled completion date. If any phase of the work cannot be completed as scheduled, the CONSULTANT shall submit a written request for a reasonable extension of time. All such requests shall include a statement as to the cause of the delay and be provided to the COUNTY at the time that the need becomes apparent, but at least 15 days prior to the scheduled completion date of that particular phase of the work. A revised schedule shall also be submitted. The CONSULTANT shall make regular submissions to the COUNTY in accordance with the COUNTY’s scheduling and review procedures and at any other time requested by the COUNTY.
30. Review
The COSULTANT shall perform its obligation under this Agreement with the understanding that the COUNTY, the State and the Federal Government have the right to review, and must find acceptable, the Project and all documents produced by the CONSULTANT pertaining to the Project.
31. Unacceptable Work
If the COUNTY determines that any document prepared by the CONSULTANT under this Agreement is unacceptable due to errors, omissions or failure to comply with requirements of this Agreement, the CONSULTANT shall promptly correct and revise the unacceptable document in accordance with directions received from the COUNTY at no cost to the COUNTY. The corrected and revised document shall be resubmitted for COUNTY approval.
The COUNTY shall give written notice to the CONSULTANT as soon as practicable after it becomes aware of a negligent error or omission by the CONSULTANT. CONSULTANT shall be liable to the COUNTY for all damages to the COUNTY caused 60
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by CONSULTANT’s negligent errors and omissions. The CONSULTANT shall reimburse the COUNTY for the full costs it has incurred as a result of such negligent errors and omissions, including interest and other expenses.
32. Stop Work
The CONSULTANT shall stop all work promptly, if so directed in writing by the COUNTY.
33. Termination
The COUNTY may terminate the CONSULTANT’s services under this Agreement upon seven (7) days written notice. In such event, and where the CONSULTANT’s performance is satisfactory, the CONSULTANT shall be paid in accordance with the method of compensation under Part II of the Agreement as follows:
Cost Plus Fixed Fee Agreements: 1) allowable direct and indirect costs incurred in the performance of its work up to and including the date that the CONSULTANT receives notice of termination, together with allowable direct costs incurred in closing out the Project in accordance with the notice to terminate; 2) a percentage of the Fixed Fee based on the percentage of the Project completed up to and including the date that the CONSULTANT receives notice of termination.
Fixed Price Agreements: A percentage of the Fixed Price based on the percentage of the Project completed up to and including the date that the CONSULTANT receives notice of termination. A Consultant Agreement Modification shall be negotiated to compensate the CONSULTANT for costs incurred in closing out the Agreement, if any, including work performed following the date on which the CONSULTANT received the notice of termination in order to close out the project.
Cost Times Multiplier Agreement: Allowable direct costs incurred in the performance of its work up to and including the date that the CONSULTANT receives notice of termination, together with allowable direct costs incurred in closing out the Project in accordance with the notice to terminate.
If the COUNTY has terminated the Agreement due to failure of the CONSULTANT to perform in a satisfactory manner as determined by the COUNTY, the COUNTY may, at the option of the COUNTY, in accordance with the method of compensation under Part II of the Agreement, make the following adjustments:
The COUNTY shall make no further payment to the CONSULTANT under this Agreement and may require the CONSULTANT to repay all or a portion of the monies already paid. In addition, the COUNTY shall make no payment of any close-out costs which the CONSULTANT may incur at the direction of the COUNTY.
Nothing herein shall limit the right of the COUNTY to recover any and all costs and damages resulting from the CONSULTANT’s failure to perform the work in a satisfactory manner.
Except as stated above, the CONSULTANT shall have no right to, nor shall it make any claim for, damages or additional compensation of any type whatever by reason of termination regardless of fault. 61
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All documents begun or completed as the result of this Agreement shall be immediately turned over to the COUNTY upon termination consistent with provision 23.
34. Suspension
The COUNTY may, in its sole discretion, suspend the work. Compensation for a suspension or delay shall be allowed as follows:
If the COUNTY determines that the work of this Agreement has been suspended or delayed for a period of cumulatively totaling 365 calendar days, and if the COUNTY determines that the suspension or delay has resulted from no fault of the CONSULTANT, then a Consultant Agreement Modification covering the remaining work to be done shall be executed. The compensation terms of the Consultant Agreement Modification for that remainder shall be as follows for Cost Plus Fixed Fee agreements:
1. Upon resumption of work by the CONSULTANT, an updated schedule of wage rates, subject to review and approval by the COUNTY, shall be submitted by the CONSULTANT. These wage rates shall be applied to the unused portion of the work hours developed by the CONSULTANT in the proposal, and approved by the COUNTY. A revised total amount for allowable direct or indirect costs shall then be established by Consultant Agreement Modification. 2. The new Fixed Fee shall be in the same ratio as the original Fixed Fee to the original estimate of allowable direct and indirect costs, multiplied by the revised amount for allowable direct and indirect costs as determined in a. above.
For Fixed Price Agreements, a Consultant Agreement Modification shall be executed between the COUNTY and the CONSULTANT providing an equitable adjustment to the CONSULTANT which the Bergen County Board of Chosen Freeholders deem proper after reviewing submission by the CONSULTANT relating to increased costs which the CONSULTANT has actually incurred as a direct result of the suspension or delay.
None of the above provisions shall negate any other terms of this Agreement.
For both types of agreements, where such suspension or delay is determined by the COUNTY to be substantially the fault of the CONSULTANT, the COUNTY may, at its option, suspend all payments tot the CONSULTANT after the established completion date. Payment shall be reinstated by the COUNTY upon completion of the work in accordance with other provisions stated herein. In the case of such delay by the CONSULTANT, there shall be no upward adjustment in direct or indirect costs or Fixed Fee or in the amount of Fixed Price. Alternately, the COUNTY may terminate the Agreement consistent with provision 32.
35. Standards and Procedures
The Standards and Procedures contained or referred to in the County’s Request for Proposals will apply to the Agreement.
36. Nondiscrimination
During the performance of this Agreement, the CONSULTANT, for itself, its assignees and successors in interest (hereinafter referred to as the “CONSULTANT”), agrees as follows: 62
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1. Compliance with Regulations: The CONSULTANT will comply with Regulations of the NJ Department of Transportation relative to nondiscrimination in federally assisted programs of the Bergen County (Title 49. Code of Federal Regulations, Part 21 through Appendix H, and Title 23 CFR Part 710.405(b), hereinafter referred to as the Regulations), which are incorporated herein by reference and made a part of this Agreement. 2. Nondiscrimination: The CONSULTANT, with regard to the work performed by it after award and prior to completion of the work, will not discriminate on the basis of race, color, age, or national origin in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The CONSULTANT will not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the Agreement covers a program set forth in Appendix B of the Regulations. 3. Solicitation for Subcontracts, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the CONSULTANT for work to be performed under a subcontract, including procurement of materials or equipment, such potential subcontractor or supplier shall be notified by the CONSULTANT of the CONSULTANT’s obligations under this Agreement and the Regulations relative to nondiscrimination on the basis of race, color, age, sex or national origin. 4. Information and Reports: The CONSULTANT will provide all information and reports required by the Regulations, or orders and instructions issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the COUNTY or the State Department of Transportation or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a CONSULTANT is in the exclusive possession of another who fails or refuses as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of the CONSULTANT’s noncompliance with the nondiscrimination provisions of this contract, the COUNTY shall impose such sanctions as are appropriate and available under the laws of the County and State. 6. Incorporation of Provisions: The CONSULTANT will include the provisions of paragraph (a) through (f) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, orders or instructions, issued pursuant thereto. 7. This Agreement is subject to all federal, state, and local laws, rules, and regulations, including, but not limited to, those pertaining to non-discrimination in employment and affirmative action for equal employment opportunity. 8. If at any time following the execution of this Agreement, the CONSULTANT intends to sublet any additional portion(s) of the work or intends to purchase materials or lease equipment not contemplated during the original proposal preparation, the CONSULTANT shall: a. Notify the project initiator, in writing, of the type and approximate value of the work which the CONSULTANT intends to accomplish by such subcontract, purchase order or lease. b. Give ESBE firms equal consideration with non-minority firms in negotiations for any such subcontracts, purchase orders or leases.
37. State of New Jersey Affirmative Action Rules for Professional Service Contracts
MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE 63
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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 be 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. l7:27-5.2.
The contractor or subcontractor agrees to inform in writing its 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 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 personnel 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, 64
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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 of Purchase & Property, CCAU, EEO Monitoring Program and distributed to the public agency through the Division of Purchase & Property, CCAU, EEO Monitoring Program’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 at N.J.A.C. 17:27.
38. Certification of Consultant
1. In executing this Agreement the CONSULTANT’s signatory certifies on behalf of the CONSULTANT that neither the signatory, nor any other officer, agent or employee of the CONSULTANT has: 2. employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for him or the CONSULTANT) to solicit or secure this Agreement, 3. agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out the Agreement, or 4. paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for him or the CONSULTANT) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out the Agreement; except as expressly stated in a disclosure letter to the COUNTY which shall accompany the Agreement after execution by the CONSULTANT on submission to the Bergen County Board of Chosen Freeholders or their designee for execution.
The CONSULTANT acknowledges that this certificate furnished to the COUNTY, the State Department of Transportation and the Federal Highway Administration, US Department of Transportation, in connection with this Agreement, is subject to applicable State and Federal laws, both criminal and civil.
39. Certification of County
In executing this Agreement the COUNTY’s signatory certifies that to the best of the signatory’s knowledge, the CONSULTANT or his representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this Agreement, to: 65
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1. employ or retain, or agree to employ or retain, any firm or person, or 2. pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind; except as expressly stated in a disclosure letter to the Federal Highway Administration, US Department of Transportation.
The COUNTY acknowledges that this certificate is to be furnished to the Federal Highway Administration, US Department of Transportation, in connection with agreements involving participation of Federal-aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil.
40. Certification of Restrictions on Lobbying
In executing this Agreement, the CONSULTANT’s signatory certifies on behalf of the CONSULTANT that to the best of the signatory’s knowledge and belief: (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 Standard Form- LLL, “Disclosure Form to Report Lobbying”, 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 subreceipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance is 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.
41. Americans with Disabilities Act
Equal Opportunity For Individuals With Disabilities.
The CONSULTANT and the COUNTY do hereby agree that the provisions of Title II of the Americans With Disabilities Act of 1990 (the “Act”) (42 U.S.C. Sec. 12101 et seq.), which prohibits discrimination on the basis of disability by public entities in all services, programs, and activities provided or made available by public entities, and the rules and regulations promulgated pursuant thereunto, are made a part of this contract. In providing any aid, benefit, or service on behalf of the COUNTY pursuant to this contract, the CONSULTANT agrees that the performance shall be in strict compliance with the Act. In the event that the CONSULTANT, its agents, servants, employees, or subconsultants 66
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violate or are alleged to have violated the Act during the performance of this contract, the CONSULTANT shall defend the COUNTY in ay action or administrative proceeding commenced pursuant to this Act. The CONSULTANT shall indemnify, protect, and save harmless the COUNTY, its agents, servants, and employees from and against any and all suits, claims, losses, demands, or damages of whatever kind or nature arising out of or claimed to arise out of the alleged violation. The CONSULTANT shall, at is own expense, appear, defend, and pay any and all charges for legal services and any and all costs and other expenses arising from such action or administrative proceeding or incurred in connection therewith.
In any and all complaints brought pursuant to the COUNTY’s grievance procedure, the CONSULTANT agrees to abide by any decision of the COUNTY which is rendered pursuant to said grievance procedure. If any action or administrative proceeding results in an award of damages against the COUNTY or if the COUNTY incurs any expense to cure a violation of the ADA which has been brought pursuant to its grievance procedure, the CONSULTANT shall satisfy and discharge the same at is own expense.
The COUNTY shall, as soon as practicable after a claim has been made against it, give written notice thereof to the CONSULTANT along with full and complete particulars of the claim. If any action or administrative proceeding is brought against the COUNTY or any of its agents, servants, and employees, the COUNTY shall expeditiously forward or have forwarded to the CONSULTANT every demand, complaint, notice, summons, pleading, or other process received by the COUNTY or its representatives.
It is expressly agreed and understood that any approval by the COUNTY of the services provided by the CONSULTANT pursuant to this contract will not relieve the CONSULTANT of the obligation to comply with the Act and to defend, indemnify, protect, and save harmless the COUNTY pursuant to this paragraph.
It is further agreed and understood that the COUNTY assumes no obligation to indemnify or save harmless the CONSULTANT, its agents, servants, employees and subconsultants for any claim which may arise out of their performance of this Agreement. Furthermore, the CONSULTANT expressly understands and agrees that the provisions of this indemnification clause shall in no way limit the CONSULTANT’s obligations assumed in this Agreement, nor shall they be construed to relieve the CONSULTANT from any liability, nor preclude the COUNTY from taking any other actions available to it under any other provisions of this Agreement or otherwise at law.
42. Business Registration for Providers of Goods and Services to the County
1. The CONSULTANT (herein also referred to as the “Contractor”) has previously provided the COUNTY with a copy of the CONSULTANT’s business registration certificate, verifying that the CONSULTANT is properly registered with the New Jersey Department of the Treasury.
2. The CONSULTANT acknowledges that: a. N.J.S.A. 52:32-44 imposes the following requirements on contractors and all subcontractors that knowingly provide goods or perform services for a contractor fulfilling this contract: 1) the contractor shall provide written notice to its subcontractors to submit proof of business registration to the contractor; 2) prior to receipt of final payment from a contracting agency, the contractor must submit to the contracting agency an accurate list of all subcontractors or attest that none was used; 3) during the term of this contract, the contractor and 67
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its affiliates shall collect and remit, and shall notify all subcontractors and their affiliates that they must collect and remit to the Director, New Jersey Division of Taxation, 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 this State. b. A contractor, subcontractor or supplier who fails to provide proof of business registration or provides false business registration information shall be liable to a penalty of $25 for each day of violation, not to exceed $50,000 for each business registration not properly provided or maintained under a contract with a contracting agency. Information on the law and its requirements is available by calling (609) 292-9292.
43. Public Works Contractor Registration for Work Covered by N.J. Prevailing Wage Act
To the extent that any work performed by the Consultant or any subconsultant is governed by the New Jersey Prevailing Wage Act, N.J.S. 34:11-56.25 et seq., then pursuant to P.L. 2003, c. 91 (N.J.S. 34:11-56.48 et seq.), the Consultant shall provide to the County proof of the Consultant’s and/or subconsultant’s valid, current registration with the New Jersey Department of labor as a “Public Works Contractor” prior to the start of such work, whereupon the County will provide the Consultant with a Wage Rate Determination and the Consultant will execute an amendment to this Agreement containing provisions regarding compliance with the Prevailing Wage Act and the Equal Employment Opportunity requirements for construction work.
44. COVID-19 Requirements
In addition to any federal, state or local laws, rules or regulations, contractors shall comply with and abide by any CDC (Centers for Disease Control and Prevention), DOH, (Department of Health), OSHA (Occupational Safety and Health Administration) or other applicable agency or entity rules, guidelines, regulations, procedures or protocols, to prevent or mitigate the spread of infection, including but not limited to COVID-19. Contractor shall comply with the measures set forth in Governor Philip D. Murphy EXECUTIVE ORDER NO. 142 (a copy of which is included in the RFP Exhibits) for such time as EO 142 remains in effect, modified or amended, which sets forth the following requirements for construction projects:
a. Prohibit non-essential visitors from entering the worksite; b. Engage in appropriate social distancing measures when picking up or delivering equipment or materials; c. Limit worksite meetings, inductions, and workgroups to groups of fewer than 10 individuals; d. Require individuals to maintain six feet or more distance between them wherever possible; e. Stagger work start and stop times where practicable to limit the number of individuals entering and leaving the worksite concurrently; f. Identify congested and “high-risk areas,” including but not limited to lunchrooms, breakrooms, portable rest rooms, and elevators, and limit the number of individuals at those sites concurrently where practicable; g. Stagger lunch breaks and work times where practicable to enable operations to safely continue while utilizing the least number of individuals possible at the site; h. Require workers and visitors to wear cloth face coverings, in accordance with CDC recommendations, while on the premises, except where doing so would inhibit the individual’s health or the individual is under two years of age, and require workers to 68
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wear gloves while on the premises. Businesses must provide, at their expense, such face coverings and gloves for their employees. If a visitor refuses to wear a cloth face covering for non-medical reasons and if such covering cannot be provided to the individual by the business at the point of entry, then the business must decline entry to the individual. Nothing in the stated policy should prevent workers or visitors from wearing a surgical-grade mask or other more protective face covering if the individual is already in possession of such equipment, or if the businesses is otherwise required to provide such worker with more protective equipment due to the nature of the work involved. Where an individual declines to wear a face covering on the premises due to a medical condition that inhibits such usage, neither the business nor its staff shall require the individual to produce medical documentation verifying the stated condition; i. Require infection control practices, such as regular hand washing, coughing and sneezing etiquette, and proper tissue usage and disposal; j. Limit sharing of tools, equipment, and machinery; k. Where running water is not available, provide portable washing stations with soap and/or alcohol-based hand sanitizers that have greater than 60% ethanol or 70% isopropanol; l. Require frequent sanitization of high-touch areas like restrooms, breakrooms, equipment, and machinery; m. When the worksite is an occupied residence, require workers to sanitize work areas and keep a distance of at least six feet from the occupants; and n. Place conspicuous signage at entrances and throughout the worksite detailing the above mandates.
VIII. CERTIFICATION OF CONSULTANT ELIGIBILITY
The CONSULTANT's signatory hereby certifies, under penalty of perjury under the laws of the United States, that except as noted below, the company or any person associated therewith in the capacity of owner, partner, director, officer, principal, project director, manager, auditor, or any position involving the administration of federal or state funds:
1. is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal, state or local government agency;
2. has not been suspended, debarred, voluntarily excluded or determined ineligible by any federal, state or local government agency within the past 3 years;
3. does not have a proposed debarment pending; and
4. has not been indicted, convicted, or had a civil judgment rendered against (it) by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years.
(Insert Exceptions - For any exception noted, indicate to whom it applies, initiating agency, and dates of action. Providing false information may result in criminal prosecution or administrative sanctions. If no exceptions, insert "None".)
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______
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IX. CONFLICT OF INTEREST CERTIFICATION
The CONSULTANT’s signatory hereby certifies to the Bergen County Board of Chosen Freeholders that he/she knows of no circumstances that would constitute a conflict of interest, financial or otherwise, between the CONSULTANT or any of its employees and the Board of Chosen Freeholders or any of its members, or with the interest of the County of Bergen in general. The CONSULTANT’s signatory further certifies that the CONSULTANT knows of no circumstances or relationships between the CONSULTANT or any of its employees and third parties that would cause the actual or appearance of a conflict of interest or compromise of judgment and independence in the performance of the designated services. The CONSULTANT acknowledges that this shall be a continuing certification, to be supplemented if and when appropriate during the term of the Agreement.
The CONSULTANT’s signatory certifies that the foregoing statements made by the CONSULTANT are true. The CONSULTANT’s signatory is aware that if any of the foregoing statements made by the CONSULTANT are willfully false, the CONSULTANT’s signatory is subject to punishment.
X. EXECUTION
Corporate consultants shall attach a corporate resolution by the Secretary/Treasurer authorizing the President/Vice President to execute this Agreement and bind the CONSULTANT; the Secretary shall attest to the execution and affix the corporate seal. Partnership consultants shall have all partners sign the Agreement or have the Agreement signed by one partner, provided documents are attached which authorize that one partner to bind all partners; all signatures shall be witnessed. For sole proprietorships, the sole proprietor shall execute this Agreement with the execution notarized; notarization to be attached. Joint Venture consultants shall follow the execution procedure applicable to each of the joint venturers. This Agreement shall not become binding on either party until it is executed by or on behalf of the Bergen County Board of Chosen Freeholders.
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This Agreement executed as of the day and year first written above, each party having caused it to be signed, attested/witnessed/sealed.
Attested/Witnessed/Seal FIRM’S NAME - all in caps
(SEAL)
Attest:______By:______Name (Print): Name (Print): Title (Print): Title (Print):
(SEAL) COUNTY OF BERGEN
Attest:______By:______Name (Print): JOHN HOGAN Name (Print): JAMES J. TEDESCO, III Title (Print): County Clerk Title (Print): County Executive
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EXHIBITS
Exhibit A: Value Engineering Summary Report Template.
Exhibit B: Value Engineering Workshop Report Template.
Exhibit C: Local Concept Development Study for the East Anderson Street/Cedar Lane Bridge over the Hackensack River, City of Hackensack and Township of Teaneck (ELECTRONIC FORMAT ONLY).
Exhibit D: Executive Order No. 142 and successor Executive Orders
Exhibit E: NJDOT Consultant Goal Compliance Reporting
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Exhibit A
FEDERAL-AID VALUE ENGINEERING SUMMARY REPORT (PRE-CONSTRUCTION)
Firm: Report Date:
1. Federal-aid project number: 2. Agency responsible for project: 3. Brief description of project: ….. …... …...
4. Summarize changes recommended by the Value Engineering (VE) Team: (include the number of changes recommended) a.) b.) c.) d.)
5. Summary: a. Construction Costs: 1. Original total cost of item 2. Revised total cost of item
b. Life-Cycle Costs (if appropriate): 1. Original life-cycle cost estimate 2. Final life-cycle cost estimate
c. Estimated Cost of VE Study: (include estimate of salaries and travel)
d. Estimated Net Savings of VE Study: 1. Construction savings 2. Life-cycle savings
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Exhibit B
Project Route and Name
Smart Solutions Workshop
City / Township Bergen County
Date
Month XX, 202X
Smart Solutions Workshop
PROJECT NAME AND ROUTE
Agenda
X:00 – X:00
1. Welcome & Introductions
2. Purpose of Workshop
3. Project History / Overview
4. Smart Solutions / VE Process Explanation
5. Speculation – brainstorming alternatives to current design
6. Evaluation – rate advantages and disadvantages of alternatives
7. Develop / Refine top alternatives
8. Reach Consensus / Agreement on Team Recommendations
9. Next Steps / Follow up
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A. Description of Existing Conditions & Proposed Project Preferred Alternative
B. Workshop Study Project Goal
Major Goals Benefit
C. Key Issues
D. Ratings Legend
COST ($) ENVIRONMENTAL IMPACT (E) Significant Savings = 3 Significant Improvement = 3 Some Savings = 2 Moderate Improvement = 2 No Savings = 1 Minor Improvement = 1 Additional Costs = 0 Increased Impact = 0
OPERATIONAL PERFORMANCE (O) CONSTRUCTIBILITY (C) Significant Improvement = 3 Significant Improvement = 3 Moderate Improvement = 2 Some Improvement = 2 No Change = 1 No Change = 1 Decreased Performance = 0 More Complex = 0
LIKELIHOOD OF ACCEPTANCE (LOA) Very Likely = 3 Likely = 2 Possible = 1 Unlikely = 0
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E. Brainstorming Preliminary Ratings Note: Ratings are intended to generate discussion. They do not necessarily reflect the best ideas, solutions, or recommendations.
No. Brainstorming Ideas $ E O C LOA Total
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
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E. Brainstorming Preliminary Ratings Note: Ratings are intended to generate discussion. They do not necessarily reflect the best ideas, solutions, or recommendations.
No. Brainstorming Ideas $ E O C LOA Total
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
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F. Workshop Conclusion and Recommendations
Xxxx
G. Additional Follow Up (Action Items) / Next Steps
Xxxx
H. Final VE Recommendations
Xxxx
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Exhibit D
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IN LIGHT OF THE CURRENT COVID-19 PANDEMIC, CERTAIN COVID-19 RELATED SAFETY PROCOTOLS AND PRECAUTIONS ARE IN PLACE AND CERTAIN FEDERAL, STATE AND LOCAL EXECUTIVE ORDERS HAVE BEEN SIGNED. AS THE PANDEMIC IS A CONTINUING SITUATION, THE OWNER RESERVES THE RIGHT TO IMPLIMENT ANY AND ALL COVID-19 RELATED PROTOCOLS IN ITS ABSOLUTE AND SOLE DISCRETION.
The pandemic has resulted in various executive action including, but not limited to State of New Jersey Executive Order 122, 142, 192 & 196. Executive orders may be issued at any time as conditions improve or decline. The County will advise a contractor of a substantial change as a result of an Executive Order which may impact the access to the site or cause a work stopage. Therefore all known and yet to be issued Executive Orders as published at the website https://nj.gov/infobank/eo/056murphy/approved/eo_archive.html are included and incorporated into this contract until such time they are lifted by the Governor of the State of New Jersey.
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Exhibit E
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