SOUTH JERSEY TRANSPORTATION AUTHORITY

REQUEST FOR PROPOSALS

FOR

PROFESSIONAL SERVICES FOR THE ENGINEERING AND DESIGN

OF PROPOSED ATLANTIC CITY INTERNATIONAL AIRPORT (ACY)
TAXIWAY “R”

Electronic Proposals Due:

Tuesday, June 18, 2024, at 2:00 PM
through the Bid Express Electronic Bidding Portal

Phone: 609-965-6060
Fax: 609-965-7315
bids@sjta.com

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 TABLE OF CONTENTS

REQUEST FOR PROPOSALS NOTICE 4

STATEMENT OF RIGHTS 6
PROPRIETARY INFORMATION 6
DISCLAIMER 7
1.0 INFORMATION FOR PROPOSERS 8
1.1 PURPOSE AND INTENT 8
1.2 ANTICIPATED PROCUREMENT SCHEDULE 8
1.3 TERM OF CONTRACT 8
1.4 SUBMISSION OF PROPOSALS 9
1.5 QUESTION OR REQUESTS FOR CLARIFICATIONS 9
1.6 ISSUANCE OF ADDENDA 9
1.7 INTERPRETATIONS OF CORRECTIONS BINDING 9
1.8 EQUAL OPPORTUNITY REQUIREMENTS 9
1.9 PROPOSER RESPONSIBILITY 12
1.10 REVIEW OF PROPOSALS 12
1.11 CONTENTS OF PROPOSAL 12
1.12 SIGNATURES 12
1.13 INCURRING COSTS 12
1.14 ACCEPTANCE OF PROPOSALS 13
1.15 AWARD OF CONTRACT 13
1.16 FINAL CONTRACT 13
1.17 DISSEMINATION OF INFORMATION 13
1.18 ECONOMY OF PREPARATION 13
1.19 FORM OF PROPOSAL 13
1.20 ORAL PRESENTATION 14
1.21 BEST AND FINAL OFFER 14
1.22 REVISIONS TO THE REQUEST FOR PROPOSALS 14
1.23 MODIFICATIONS OR WITHDRAWAL OF A PROPOSAL 14
1.24 PRIME CONTRACTOR RESPONSIBILITIES 14
1.25 ASSIGNMENT 14
1.26 TERMINATION OF CONTRACT 15
1.27 ACCOUNTING RECORDS 15
1.28 TOLLS 15
1.29 JOINT VENTURES 15
1.30 DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN 15
1.31 CERTIFICATION OF NON-INVOLVEMENT IN PROHIBITED ACTIVIES IN RUSSIA
15
OR BELARUS
1.32 RIGHT TO AUDIT 16
1.33 ELECTRONIC BIDDING PROCESS 16
1.34 SOURCE DISCLOSURE (SERVICE CONTRACT) 16
1.35 INSURANCE REQUIREMENTS 17
1.36 INDEMNIFICATION 21

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 1.37 CIVIL RIGHTS 22
1.38 NONDISCRIMINATION 22
1.39 COMPLIANCE WITH NONDISCRIMINATION 23
1.40 CLEAN AIR AND WATER POLLUTION CONTROL 24
1.41 CERTIFICATION OF CONSULTANT REGARDING DEBARMENT 24
1.42 DISTRACTED DRIVING 24
1.43 PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO
24
SURVEILLANCE SERVICES AND EQUIPMENT
1.44 EQUAL EMPLOYMENT OPPORTUNITY 24
1.45 CERTIFICATION REGARDING LOBBYING 29
1.46 OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970 29
1.47 CERTIFICATION OF BIDDER REGARDING TAX DELINQUENCY AND FELONY
29
CONVICTIONS
1.48 TRADE RESTRICTION 29
1.49 VETERAN’S PREFERENCE 29
1.50 CERTIFICATION REGARDING DOMESTIC PREFERENCES FOR
31
PROCUREMENTS
1.51 BUY AMERICAN PREFERENCE 31
1.52 CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS 31
1.53 COPELAND “ANTI-KICKBACK ACT 32
1.54 DAVIS-BACON ACT 32
1.55 PROHIBITION OF SEGREGATED FACILITIES 38
1.56 PROCUREMENT OF RECORDED MATERIALS 39
2.0 PROJECT DESCRIPTION 40
2.1 OVERVIEW 40
2.2 GENERAL PROJECT REQUIREMENTS 41
2.3 SCOPE OF SERVICES 44
3.0 REQUIRED COMPONENTS 52
3.1 EXPERIENCE OF FIRM 52
3.2 EXPERIENCE OF THE PROJECT MANAGER 52
3.3 KEY PERSONNEL 52
3.4 UNDERSTANDING OF THE PROJECT 52
3.5 TECHNICAL APPROACH 53
3.6 SBE/DBE PARTICIPATION 53
4.0 CONSULTANT SELECTION 54
4.1 EVALUATION PROCESS AND CRITERIA 54
5.0 COST PROPOSAL 54
6.0 FORM OF CONTRACT 56
7.0 QUALIFICATIONS 56
ATTACHMENT 1 – SAMPLE CONSULTING SERVICES AGREEMENT Bid Express
8.0 APPENDIX
ATTACHMENT 2 - ACY TAXIWAY R PRELIMINARY DESIGN REPORT Bid Express
ATTACHMENT 3 - 30% DESIGN PLANS Bid Express

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 REQUEST FOR PROPOSAL
For
PROFESSIONAL SERVICES FOR THE ENGINEERING AND DESIGN OF
PROPOSED ATLANTIC CITY INTERNATIONAL (ACY) TAXIWAY “R”

The South Jersey Transportation Authority (SJTA), requesting ELECTRONIC proposals from
engineering firms to perform the required professional services to design the proposed Taxiway
“R” adjacent to the southern end of Runway 4-22. This work will be performed under a Federal
Aviation Administration (FAA) Airport Improvement Program (AIP) Supplemental Grant to the
airport. Future construction project(s) for the associated work are expected to also be completed
under FAA funding as well.

This Request for Proposal will be available through Bid Express on Tuesday, May 21, 2024 after
1:00 pm from the address below.

Electronic proposals shall be submitted through the Bid Express platform and are due on 2:00
pm on Tuesday, June 18, 2024.

**Important Note: The South Jersey Transportation Authority will only accept electronic
bid/proposal submissions through the Bid Express electronic bidding portal. If you are not already
registered for electronic submissions, please visit https://www.bidexpress.com in order to bid with
the Authority. To subscribe, follow the directions on the website. The fee schedule is available,
and all fees are payable to Bid Express.

Any emailed, mailed or physical proposers delivered to the Authority will not be accepted
and/or will be returned to the bidder unopened.

The Authority, in accordance with applicable law, reserves the right to reject any or all proposals
when such rejection is in the best interests of the Authority and also to waive minor informality or
non-material exceptions in any proposal or proposals so received.

All procurement opportunities can be accessed from the Authority’s website at www.sjta.com,
under “Business” and then “Current Solicitations”.
In making its selection, the Authority shall consider criteria as follows:
• Experience of the Firm
• Experience of the Project Manager
• Key Personnel’s Qualifications and Experience
• Understanding of the Project
• Technical Approach
• Small Business Participation

Proposers are required to submit a current statement of qualifications and supporting data. To
qualify for consideration, firms are required to submit prequalification status with a State of New
Jersey Department or Authority as outlined in the Request for Proposal document.

Proposers are also required to comply with the requirements of N.J.S.A. 10:5-31 et seq., N.J.A.C.
17:27 Mandatory Equal Employment Opportunity Regulations.

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Prospective Proposers are advised that the following Federal provisions are incorporated by
reference into this Notice, and shall be incorporated by reference into the contract upon award, if
applicable: Buy American Preference (49 USC § 50101); Foreign Trade Restriction (49 CFR part
30); Davis Bacon Act 2 CFR § 200 Appendix II(D); Affirmative Action (41 CFR part 60-4,
Executive Order 11246) ; Government wide Debarment and Suspension (2 CFR part 180
(Subpart C), 2 CFR part 1200, DOT Order 4200.5 DOT Suspension & Debarment Procedures &
Ineligibility); Government-wide Requirements for Drug-free Workplace (Executive Order 12564
and Public Law 100-71); Airport and Airway Improvement Act of 1982, Section 520; Restriction
on Lobbying as set forth in 49 CFR part 20; Access to Records and Reports (2 CFR 200. Appendix
II) and Trade Restriction Clauses (Trade Restrictions set forth in 49 CFR part 30).

All contracts and subcontracts that result from this solicitation incorporate by reference the
provisions of 29 CFR part 201, et seq, the Federal Fair Labor Standards Act (FLSA), with the
same force and effect as if given in full text. The FLSA sets minimum wage, overtime pay,
recordkeeping, and child labor standards for full and part-time workers. The Consultant has full
responsibility to monitor compliance to the referenced statute or regulation. The Consultant must
address any claims or disputes that arise from this requirement directly with the U.S. Department
of Labor – Wage and Hour Division.

Prospective Proposers are further advised that:

A) It is the policy of the SJTA to afford maximum opportunity for Disadvantaged Business
Enterprises to participate in SJTA projects. The selected firm will be required to fully
comply with all applicable requirements of 49 C.F.R. Parts 23 and 26. The SJTA has set
an annual FY24 overall DBE goal of 3.5% participation for FAA assisted contracts; and

B) That the SJTA, in accordance with the provisions of Title VI of the Civil Rights Act of 1964
(78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all
bidders that it will affirmatively ensure that any contract entered into pursuant to this
advertisement, disadvantaged business enterprises will be afforded full and fair
opportunity to submit bids in response to this invitation and will not be discriminated
against on the grounds of race, color, or national origin in consideration for an award.

By Order of the Chief Engineer.

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STATEMENT OF RIGHTS
The South Jersey Transportation Authority (SJTA) reserves, holds, and may at its sole discretion,
exercise the following rights and options with respect to this Request for Proposals (RFP).

1. To select and enter into an agreement with the one or more Proposer(s) based upon
experience, qualifications, approach, and other factors specified herein, for the purchase
of materials, products, supplies, and non-professional services shall be awarded to the
lowest responsible bidder that submits a responsive bid.
2. To reject any and/or all proposals.
3. To issue additional subsequent solicitations for proposals and/or amendments to the RFP.
4. To conduct investigations with respect to the qualifications of each Proposer.
5. To negotiate with Proposers for amendments or other modifications to their proposals.
6. To modify dates.
7. To enter into agreements for only portions (or to not enter into an agreement for any) of
the services contemplated by the proposal submitted.
8. All proposals prepared in response to this RFP are at the sole expense of the Proposer,
and with the express understanding that there will be no claim, whatsoever, for
reimbursement from the SJTA for the expense of preparation.
9. The Open Public Records Act mandates public access to government records. However,
proposals submitted in response to this RFP may contain technical, financial, or other data
whose public disclosure could cause substantial injury to a Proposer’s competitive position
or constitute a trade secret. To protect these data from disclosure under the Open Public
Records Act, the Proposer should specifically identify the pages of the proposal that
contain such information, by properly marking the applicable pages and inserting the
following notice in the front of its proposal.

PROPRIETARY INFORMATION

Proposers are allowed to identify proprietary information and specifically request that such
information be used for evaluation purposes only. Proposer should include a statement in their
responses that the data on specific pages of their proposal identified by an asterisk (*) contains
technical or financial information, which are trade secrets, or information for which disclosure
would result in substantial injury to the Proposer’s competitive position.

The Proposer by identifying and requesting that such data be used only for the evaluation of the
proposal, understands that the disclosure will be limited to the extent SJTA considers proper
under the State of New Jersey Open Public Records Act. If an agreement is entered into with the
Proposer, SJTA shall have the right to use or disclose the data as provided in the agreement,
unless otherwise obligated by law.

The SJTA does not assume any responsibility for disclosure or use of marked data for any
purpose. In the event that properly marked data is requested, pursuant to the Open Public
Records Act, the Proposer will be advised of the request, and may expeditiously submit to the
SJTA a detailed statement indicating the reasons it has for believing that the information is exempt
from disclosure under the law. This statement will be used by the SJTA in making its
determination as to whether disclosure is proper under the law.

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The SJTA has diligently prepared this RFP and has presented all known, pertinent data as
accurately and as completely as possible. This data is provided for general information purposes
only. The SJTA does not guarantee or warrant the correctness of this information; moreover, the
SJTA accepts no responsibility for any omissions or deletions of information relating to this
Request for Proposals.

DISCLAIMER

The contents and information provided in this Request for Proposals (RFP) are meant to provide
general information to interested parties, and in no way reflects the adherence of the South Jersey
Transportation Authority to any public bidding requirements. The successful Proposer shall be
required to execute an Agreement with SJTA that will govern the rights, duties and obligations
between SJTA and the successful Proposer.

Accordingly, the terms set forth within this Request for Proposals does not constitute any contract
between SJTA and the successful proposer. Moreover, SJTA accepts no responsibility for any
omissions or deletions relating to this Request for Proposals; however, the successful proposal
will become part of the entire agreement.

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1.0 INFORMATION FOR PROPOSERS

1.1 PURPOSE AND INTENT

The Authority was created by the laws of the State of New Jersey as supplemented and amended
(the “Act”). It is constituted as an instrumentality of the State, exercising public and essential
governmental functions. The Act empowers the Authority to own and operate various projects,
located in the State of New Jersey, including the Atlantic City Expressway, the Atlantic City
International Airport and parking and transit operations.

The Authority has no stockholders or equity holders and all bond proceeds, revenues or other
cash received must be applied for specific purposes in accordance with the provisions of the Act
and related bond resolutions, for the security of the bondholders. The Authority’s Board of
Commissioners consists of the Commissioner of Transportation, who is an ex officio member and
seven members appointed by the Governor with the advice and consent of the State Senate.

The South Jersey Transportation Authority (SJTA) operates the Atlantic City Expressway (ACE)
and the Atlantic City International Airport (ACY). The SJTA is soliciting proposals from
engineering firms to perform final engineering design services for the proposed Construct Taxiway
R Project including all necessary environmental permitting.

Statements of Qualifications and Technical Proposals must be prepared and submitted in

accordance with the requirements, format, and guidelines presented in this RFP document.

Any consultant currently providing engineering services to the SJTA who seeks to be eligible for
future retentions must submit qualifications in accordance with the directions set forth below.

1.2 ANTICIPATED PROCUREMENT SCHEDULE

RFP Available Tuesday, May 21, 2024, after 1:00pm

Questions Deadline Thursday, May 29, 2024, at 4:00pm
Proposals Due Tuesday, June 18, 2024, at 2:00pm
Anticipated Award Wednesday, August 21, 2024

In order to be considered for selection, electronic proposals must be received no later than 2:00
PM on Tuesday, June 18, 2024 via the Bid Express platform only.

1.3 TERM OF CONTRACT

The term of the services rendered by the Design Engineer made pursuant to this RFP will be for
the full design and construction administration of the Project. The SJTA anticipates the duration
to prepare the contract documents (Notice to Proceed thru Advertising for Bids, including any
necessary permitting) not to exceed one (1) years . The SJTA reserves the right to terminate this
contract at any time. The successful proposal will be included as part of the contract document.

1.4 SUBMISSION OF PROPOSALS

The South Jersey Transportation Authority will only accept electronic bid/proposal submissions
through the Bid Express electronic bidding portal. If you are not already registered for electronic
submissions, please visit https://www.bidexpress.com in order to bid with the Authority. To
subscribe, follow the directions on the website. The fee schedule is available, and all fees are
payable to Bid Express.

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Any emailed, mailed or physical bids/proposals delivered to the Authority will not be
accepted and/or will be returned to the bidder unopened.

Proposals submitted in response to this RFP must be of sufficient detail to allow the SJTA to
evaluate the proposer’s experience and qualifications, technical and customer service approach
and cost. Information provided must relate to this specific project.

1.5 QUESTIONS OR REQUESTS FOR CLARIFICATION

All questions about the meaning or intent of the RFP documents, including these instructions or
the specifications, shall be submitted in writing to the Authority’s Purchasing Department. Any
questions or requests for clarification are to be emailed to bids@sjta.com.

**When submitting a question or request for clarification, the subject line of the email
MUST contain the word “Question” followed by the title of the RFP. **

Questions must be received no later than 4:00 PM on Wednesday, May 29, 2024. Questions
received after this date and time may not be answered. Only questions answered by formal
written addenda will be binding. Oral and other interpretations or clarifications will be without legal
effect.

1.6 ISSUANCE OF ADDENDA

Responses to all questions of substantive nature will be answered in the form of an addendum.
The SJTA shall be the sole judge of the question viability. Any informal explanation, clarification,
or interpretation will not bind SJTA, oral or written, by whoever made, that is not incorporated into
an addendum.

Notice of Addenda will be issued through Bid Express. It is the sole responsibility of the
bidder/proposer to be knowledgeable of all addenda related to this procurement. The
bidder/proposer must complete the “Acknowledgement of Receipt of Addenda” form, which is
included in this solicitation as a required document. Failure to acknowledge receipt of all addenda
may render a bid/proposal as non-responsive.

A bidders/proposer’s failure to request a clarification, interpretation, correction or amendment will

preclude such bidder/proposer from, thereafter, claiming any ambiguity, inconsistency or error.

1.7 INTERPRETATIONS OR CORRECTIONS BINDING

Only questions answered by formal written addenda will be binding and prospective proposers
are warned that no officer, agent, or other employee of the SJTA or its representatives is
authorized to give verbal information concerning, explaining or interpreting the RFP.

1.8 EQUAL OPPORTUNITY REQUIREMENTS

(1) Affirmative Action
Proposers shall be required to comply with all applicable affirmative action and equal employment
opportunity laws, orders, rules and regulations including, but not limited to N.J.S.A. 10:5-31 et
seq., N.J.A.C. 17:27 (See Exhibit A). The successful proposer shall be required to submit the
applicable Affirmative Action form as described in Exhibit A within seven (7) days after receipt of
the SJTA’s intent to award a contract.

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(2) Small Business Participation

Policy Statement of the South Jersey Transportation Authority

In accordance with Executive Order No. 84 signed by Governor James J. Florio on March 5, 1993
and Executive Order No. 71 signed by Governor James E. McGreevey on October 2, 2003, it is
the policy of the South Jersey Transportation Authority (the “Authority” or “SJTA”) that Small
Business Enterprises (“SBE”), as determined and defined by the Department of the Treasury,
Division of Revenue and Enterprise Services (“Division of Revenue”) in N.J.A.C. 17:13 et seq.,
have the opportunity to compete for and participate in the performance of contracts for the
purchase of goods and services and for construction services required by the Authority. The
Authority further requires that its contractors shall agree to take all necessary and responsible
steps, in accordance with the aforementioned regulations, to ensure that SBE’s have these
opportunities.

It is the policy of the South Jersey Transportation Authority (SJTA) that small businesses (each a
“small business enterprise” or “SBE”), as determined and defined by the New Jersey Department
of the Treasury, Division of Purchase and Property, Contract Compliance and Audit Unit, EEO
Monitoring Program (“EEO Monitoring Program”) in N.J.A.C. 17:27 et seq. or other application
regulation, should have the opportunity to participate in SJTA Contracts.

To the extent the Firm engages subcontractors or sub-consultants to perform services for the
SJTA pursuant to this Contract, the Firm must demonstrate to the SJTA’s satisfaction that a good
faith effort was made to utilize subcontractor’s and sub-consultants who are registered with the
EEO Monitoring Program as SBEs. Furthermore, Proposers and subcontractors shall be
evaluated by the EEO Monitoring Program, based on its attainment of the Participation Goals set
forth in N.J.A.C. 17:27-5.2

Please refer to the following link for current applicable procurement target(s) guidelines set forth
by the NJ Department of Treasury:

https://www.state.nj.us/treasury/contract_compliance/

Evidence of a “good faith effort” includes, but is not limited to:

1. Whether the vendor or subcontractor has agreed to make a good faith effort to adhere to
targeted minority and women employment goals.
2. Whether the vendor or subcontractor has met or documented that it has made a good faith
effort to meet targeted employment goals.
3. Whether the vendor or subcontractor has adopted an Equal Employment Opportunity (EEO)
Policy.
4. Whether the vendor or subcontractor has posted an EEO Policy on the job site bulletin board.
5. Whether the vendor or subcontractor has disseminated the EEO Policy to its workers through
various means including company meetings, preconstruction job meetings, written notices,
etc.
6. Whether the vendor or subcontractor has posted Federal, or State issued EEO posters on the
job site bulletin board.
7. Whether the vendor or subcontractor has identified an EEO Officer and established job duties
in writing for such position.
8. Whether the vendor or subcontractor has developed a basic complaint procedure.
9. Whether the vendor or subcontractor has knowledge of and has considered the general
availability of minorities and women having requisite skills in the immediate labor area.

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10. Whether the vendor or subcontractor has knowledge of and has considered the percentage
of minorities and women in the total workforce in the immediate labor area.
11. Whether, when the opportunity has presented itself, the vendor or subcontractor has
considered promoting minority and women employees within its organization.
12. Whether the vendor or subcontractor attempted to hire minorities and women based upon the
anticipated expansion, contraction and turnover of its workforce.
13. Whether the vendor or subcontractor has the ability to consider undertaking training as a
means of making all job classifications available to minorities and women and whether it has
done so.
14. Whether the vendor or subcontractor has utilized the available recruitment resources to attract
minorities and women with requisite skills, including, but not limited to, public and private
training institutions, job placement services, referral agencies, newspapers, trade papers,
faith-based organizations, and community-based organizations.
15. Whether the vendor or subcontractor has requested qualified minorities and women from a
labor union with whom it has an exclusive hiring or referral arrangement.
16. Whether the vendor or subcontractor has actively recruited beyond the traditional sources to
attract minority and women applicants.
17. Whether the vendor or subcontractor has reviewed all personnel actions to ensure actions are
taken in compliance with the company's EEO policy; and
18. Whether the vendor or subcontractor has retained records of employment and personnel
actions and payroll records for a three year-period from the date of the contract or project
closing.

SOUTH JERSEY TRANSPORTATION AUTHORITY SUBSTITUTION POLICY

The contractor or consultant must notify and obtain written approval from a small or women or
minority-owned or Disadvantaged Business Enterprise (DBE) sub-contractor, sub-consultant, or
vendor (SMWBE or DBE contractor) before including that contractor in a bid proposal or similar
contract-related submission.

The contractor, consultant must notify and obtain written consent and obtain authorization from
South Jersey Transportation Authority’s Public Agency Compliance Officer/DBE Liaison Officer
before it substitutes a SMWBE or DBE sub-contractor, sub-consultant named in a bid proposal
or other contract related submission; and if the substitution is approved by the Public Agency
Compliance Officer/DBE Liaison Officer, the contractor, consultant shall make a good faith effort
to utilize another SMWBE or DBE sub-contractor sub-consultant to replace the pervious
SMWBE and/or DBE contractor, consultant.

The prime contractor or consultant must give the Public Agency Compliance Officer/DBE Liaison
Officer five days to respond to the prime contractor’s, consultant’s notice and advise the
contractor, consultant approval or the reasons, if any, why it objects to the proposed termination
of its subcontract subconsultant and why you should not approve the prime contractor,
consultant’s action.

The Contractor agrees to make a good faith effort to award at least 25% of this contract
to subcontractors registered by the Division of Revenue as a SBE. Subcontracting goals
are not applicable if the prime contractor is a registered Small Business Enterprise (SBE)
firm.

DBE PARTICIPATION
SJTA will evaluate the use of DBE firms in performing the work required for this proposal.

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It is the policy of the SJTA to afford maximum opportunity for Disadvantaged Business
Enterprises to participate in SJTA projects. The selected firm will be required to fully comply
with all applicable requirements of 49 C.F.R. Parts 23 and 26. The SJTA has set an annual
FY24 overall DBE goal of 3.5 % participation for FAA assisted contracts

1.9 PROPOSER RESPONSIBILITY

The proposer assumes the sole responsibility for the complete effort required in submitting an
electronic proposal in response to this RFP. No special consideration will be given after proposals
are opened because of a proposer’s failure to be knowledgeable as to all of the requirements of
this RFP. The SJTA assumes no responsibility and bears no liability for cost incurred by a
proposer in the preparation and submittal of a proposal in response to this RFP.

1.10 REVIEW OF PROPOSALS

The SJTA, in accordance with law, reserves the right to reject any and all proposals received in
response to this RFP, when determined to be in the SJTA’s best interest, and to waive minor
noncompliance in a proposal. The SJTA further reserves the right to make such investigations
as it deems necessary as to the qualifications of any and all proposers submitting proposals in
response to this RFP. In the event that all proposals are rejected or if the SJTA, at any time,
deems the number of qualified proposers receiving designations as the result of this RFP to be
insufficient to meet the potential needs of the SJTA, or for any other reason, the SJTA reserves
the right to re-solicit proposals. The SJTA shall not be deemed obligated at any time to award any
contract to any proposer.

1.11 CONTENTS OF PROPOSAL

Subsequent to proposal opening, all information submitted by proposers in response to this
solicitation is considered public information, except as may be exempted from public disclosure
by the Open Public Records Act, N.J.S.A. 47:1A-1 et seq., and the common law.

A proposer may designate specific information as not subject to disclosure when the proposer
has a good faith legal/factual basis for such assertion. The SJTA reserves the right to make the
determination concerning such assertion and will advise the proposer accordingly. The location
in the proposal of any such designation should be clearly stated in a cover letter. THE SJTA
WILL NOT HONOR ANY ATTEMPT BY A PROPOSER EITHER TO DESIGNATE ITS ENTIRE
PROPOSAL AS PROPRIETARY AND/OR TO CLAIM COPYRIGHT PROTECTION FOR ITS
ENTIRE PROPOSAL.

All proposals, with the exception of information determined by the SJTA or the Court to be
proprietary, are available for public inspection after the Notice of Intent to Award is issued to all
proposers. At such time, interested parties can make an appointment with the SJTA to inspect
proposals received in response to this RFP.

1.12 SIGNATURES
An officer authorized to make binding commitments for those proposers making proposals shall
sign each proposal.

1.13 INCURRING COSTS

Neither the SJTA nor its consultants shall be liable for any costs incurred by any proposers in the
preparation of its proposal for the services requested by this RFP. The Authority shall not be held
liable for any activity or costs associated with the preparation or submission of the proposal,
proposal conference, oral presentation(s) or any other activity of any kind in regard to this RFP.

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1.14 ACCEPTANCE OF PROPOSALS
The SJTA intends to award a contract to the proposer or proposers that the SJTA deems best
satisfies the needs of the SJTA and its employees. The RFP does not in any manner or form
commit the SJTA to award any contract. The contents of the proposal may become a contractual
obligation if, in fact, the proposal is accepted, and a contract is entered into with the SJTA. The
SJTA may award a contract solely on the basis of the proposal submitted without any additional
negotiations. The SJTA shall reserve all rights to provide for additional negotiations if it deems in
its best interests. Failure of the proposer to adhere to and/or honor any or all of the obligations
of the proposal may result in immediate cancellation of the award of the contract by the SJTA.

1.15 AWARD OF CONTRACT

The Authority will act to award a contract to the successful proposer or to reject all proposals
within ninety (90) calendar days after receipt of the proposals as prescribed by law unless a time
extension is obtained in accordance with Authority rules.

1.16 FINAL CONTRACT

The contract entered into with the successful proposer or proposers shall be a contract that shall
be satisfactory to the SJTA in accordance with the laws of the State of New Jersey. It is
understood that the contract shall be awarded on the basis of a professional contract for services
within the intent of the statutes and laws of the State of New Jersey.

Upon recommendation of award, the Authority must seek approval of its governing board at a
scheduled board meeting. The Authority will follow its own pre-set approval process utilizing a
Consultant Selection Committee comprised of SJTA employees from various departments. A
resolution must be passed by the Board that is subject to the Governor’s veto period. Upon
expiration of the veto period, the Authority can then award a contract to the successful
proposer(s).

1.17 DISSEMINATION OF INFORMATION

Information included in this document or in any way associated with this RFP is intended for use
only for the proposer and the SJTA and is to remain the property of the SJTA. Under no
circumstances shall any of said information be published, copied or used, except in replying to
this RFP.

1.18 ECONOMY OF PREPARATION

Proposals should be prepared simply and economically, providing straightforward, concise
description of your firm’s capabilities to satisfy the requirements of the RFP. Emphasis should be
on completeness and clarity of content. Proposals submitted in response to this RFP must be of
sufficient detail to allow the SJTA to assess the qualifications of the responder to perform the
required work. Information being provided must relate to the specific services needed for this
Contract.

1.19 FORM OF PROPOSAL

Proposals are limited to a maximum of 25 pages including cover letter and table of contents. Font
shall be a Times New Roman size 12, Arial size 10, or equivalent size. Resumes or standard
forms 254 and 255 or 330 (both parts) may be submitted as appendices to the proposal and will
not be considered part of the 25 pages. Uploaded proposals shall be in PDF format with page
sizes of 8.5” x 11”.

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1.20 ORAL PRESENTATION
Proposers that submit a proposal in response to this RFP may be required to give an oral
presentation of their proposal to staff and members of the Authority. This will provide an
opportunity for the proposer to clarify or elaborate on their proposal. The Authority will schedule
the time and location of these presentations and notify proposers accordingly. Requests for oral
presentations will not represent any commitment on the part of the Authority and should not be
construed as intent to award.

1.21 BEST AND FINAL OFFER

After reviewing the initial proposals and such additional presentations or information as it may
have requested, the Authority will determine if it requires best and final proposals or whether it
will rely upon the initial proposals submitted. The Authority will notify proposers accordingly.

1.22 REVISIONS TO THE REQUEST FOR PROPOSAL

In the event it becomes necessary for the Authority to revise any part of the RFP, revisions will
be made available in the form of an Addendum and will be issued through Bid Express. It is the
sole responsibility of the proposer to be knowledgeable of all addenda related to this procurement.
If revisions are necessary after conducting the oral presentations, such revisions will only be
provided to those proposers participating in the oral presentations.

1.23 MODIFICATION OR WITHDRAWAL OF A PROPOSAL

Prior to the date and time of the receipt of proposals, firms may modify their proposals making
any necessary changes, and resubmitting the proposal on Bid Express. Telegraphic, tele-
facsimile or e-mail modifications will not be considered.
Proposals may be withdrawn at any time prior to the time specified for the receipt of proposals
by withdrawing on Bid Express. The withdrawal of a proposal does not prejudice the right of the
firm to file a new proposal prior to the date and time for the submission of proposals.

1.24 PRIME CONTRACTOR RESPONSIBILITIES

The selected proposers will be required to assume sole responsibility for the complete effort as
required by these specifications. The Authority will consider the selected proposer to be the sole
point of contact with regard to contractual matters.

1.25 ASSIGNMENT
The proposer(s) selected is prohibited from assigning, transferring, conveying, subletting or
otherwise disposing of this agreement or its rights, title or interest therein or its power to execute
such agreement to any other person, company or corporation without the express written consent
of the Authority.

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1.26 TERMINATION OF CONTRACT
The Authority may, by written notice, terminate a contract entered into as a result of this RFP, in
whole or in part at any time, either for the Authority’s convenience or because of failure to fulfill
the contractual obligations, provided written notice is given to the firm at least thirty (30) days prior
to such proposed termination date. Upon receipt of such notice, service must be immediately
discontinued (unless the notice directs otherwise) and all materials as may have been
accumulated in performing this contract, whether completed or in progress, delivered to the
Authority.

1.27 ACCOUNTING RECORDS

The firm selected is required to maintain an acceptable cost accounting system. The consultant
agrees to provide the Authority, the Federal Aviation Administration, and the Comptroller General
of the United States or any of their duly authorized representatives access to any books,
documents, papers, and records of the consultant which are directly pertinent to the specific
contract for the purpose of making audit, examination, excerpts, and transcripts. The Consultant
agrees to maintain all books, records, and reports required under this contract during the contract
period and for three full years from the date of the final payment under the contract and all pending
matters are closed.

1.28 TOLLS
It is the policy of the South Jersey Transportation Authority not to offer toll free passage on the
Atlantic City Expressway for its vendors; New Jersey Title 19:2-6.2(a) (Subchapter 6. Tolls).

1.29 JOINT VENTURES

If a joint venture is submitting a bid or proposal, the agreement between the parties related to
such joint venture should be submitted with the joint venture’s bid or proposal. Authorized
signatories from each party comprising the joint venture must sign the bid or proposal. A separate
Ownership Disclosure Form, Chapter 51 and Executive Order 117 Certification and Disclosure
forms, Affirmative Action Employee Information Report and NJ Business Registration Certificates
must be supplied for each party in the joint venture.

1.30 DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN: Pursuant to N.J.S.A. 52:32-58,

the bidder must certify that neither the bidder, nor one of its parents, subsidiaries, and/or affiliates
(as defined in N.J.S.A. 52:32-56(e)(3)), is listed on the Department of the Treasury’s List of
Persons or Entities Engaging in Prohibited Investment Activities in Iran and that neither is involved
in any of the investment activities set forth in N.J.S.A. 52:32-56(f). If the bidder is unable to so
certify, the bidder shall provide a detailed and precise description of such activities.
• www.state.nj.us/treasury/purchase/pdf/Chapter25List.pdf.

1.31 CERTIFICATION OF NON-INVOLVEMENT IN PROHIBITED ACTIVITIES IN RUSSIA

OR BELARUS: Pursuant to N.J.S.A. 52:32-60.1, et seq. (L. 2022, c. 3) any person or entity that
seeks to enter into or renew a contract with the SJTA for the provision of goods or services, or
the purchase of bonds or other obligations, must complete the Certification of Non-Involvement
in Prohibited Activities in Russia or Belarus form indicating whether or not the Vendor is identified
on the Office of Foreign Assets Control (OFAC) Specially Designated Nationals and Blocked
Persons list. This form is posted on the Attachment List located in Bid Express and shall be
uploaded with the vendor’s bid or proposal submission through Bid Express.

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1.32 RIGHT TO AUDIT
The successful Contractor shall keep and maintain proper and adequate books, records and
accounts accurately reflecting all costs and amounts billed to the SJTA with regard to this RFP.
The SJTA, its employees, officers, or representatives shall have the right upon written request
and reasonable notice, to inspect and examine all books and records related to the Successful
Proposer’s books and records specific to the Proposal and Agreement. Such records shall be
retained by Successful Contractor for at least five (5) years after termination of the Service
Agreement. In no event shall books and records be disposed of or destroyed prior to five (5) years
or during any dispute or claim between the Contractor and the successful Contractor with regard
to the RFP.

In accordance with the New Jersey Office of the State Comptroller (“OSC”) document retention
policy N.J.A.C. 17:44-2.2, Contractor 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.

1.33 ELECTRONIC BIDDING PROCESS

Registration for Electronic Bidding. In an effort to make the bid and/or RFP solicitation process
more efficient and cost effective for both vendors and the Authority, the Purchasing Department
has adopted an electronic bidding process for most public bids and/or RFPs. Electronic bids
and/or proposal submissions shall be submitted at bidexpress.com as the method of submission.
All electronic bidders must first register on bidexpress.com and create an Info Tech digital
identification (“Digital ID”) at no cost to the vendor. The Digital ID is used to sign bids and serves
important functions including: a) assuring the Authority, that the digital signature is from the entity
submitting the bid and/or proposal (forgery deterrence); b) ensuring that no one can alter a bid
and/or proposal (non-falsification); c) preventing the information in a bid and/or proposal from
disclosure to unauthorized parties (confidentiality); and d) safeguarding that even authorized
parties cannot access the bid and/or proposal prior to the public bid opening (sealing) and/or
proposal receipt. Since it can take up to five (5) business days to process your Digital ID, it is
highly recommended that a Digital ID be enabled at least 48 hours in advance of submitting an
electronic bid and/or proposal. Please plan accordingly. In lieu of paying the traditional paper
bidding costs (overnight delivery costs), Bid Express charges a nominal fee to those who wish to
bid electronically on a pay-per solicitation basis. Alternatively, you may subscribe and pay monthly
for unlimited electronic bid and/or proposal submission to all entities that (nationally) post
solicitations on the bidexpress.com website plus get email notifications by agency/work
type/commodity code. Furthermore, for bidders who are bidding online and wish to utilize the
electronic bid bond option, please see the FAQs page regarding electronic bid bonds at
https://bidexpress.com. For additional guidance on the electronic process, please contact the Bid
Express team toll free at (888) 352-2439 (select option 1).

Please Note: The South Jersey Transportation Authority is accepting Electronic Signatures,
however it is strongly recommended that all vendors secure Digital IDs in anticipation of restoring
this requirement. Please see www.bidexpress.com for more details.

1.34 SOURCE DISCLOSURE (SERVICES CONTRACTS)

Pursuant to N.J.S.A. 52:34-13.2, all services performed under this Contract or performed under
any subcontract awarded under the Contract shall be performed within the United States. Bidders
are required to submit the Source Disclosure Form as part of their bid. If a service cannot be
performed within the United States, the bidder shall disclose on the Source Disclosure Form the
description of services to be performed outside of the United States and the reason why the

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services cannot be performed within the United States. The Authority will review the justification
and, if the Authority concludes that the services cannot be performed within the United States,
may issue a waiver of this requirement.

1.35 GENERAL INSURANCE REQUIREMENTS

The insurance requirements outlined in the following section are the minimum requirements for
the scope of services related to this procurement. Inquiries regarding the insurance requirements,
including questions related to the necessity of outlined coverages, must be presented during the
questions period of this procurement. Response will be provided via an Addendum.

Insurance Conditions

1. Prior to the commencement of any work or services and until completion / final
acceptance of the work as described in the Scope of Services in this Contract, the
Contractor/Vendor will provide and maintain the following minimum levels of insurance at
Contractor’s/Vendor’s own expense. The cost of the required insurance shall be included
in the Contractor’s/Vendor’s bid price and no adjustment shall be made to the contract
price on account of such costs unless such approval is provided. The term
Contractor/Vendor shall include “Professional Service Contractors” as well as
Subcontractors and Sub-Subcontractors of every tier. Contractor/Vendor shall furnish
Certificates of Insurance evidencing and reflecting the effective date of coverage as
outlined below. The Services, or Work, shall not commence until the Contractor/Vendor
has obtained, at their own expense, all of the insurance as required hereunder and such
insurance has been approved by the South Jersey Transportation Authority (the
“Authority”). Approval of insurance required of the Contractor/Vendor will be granted only
after submission to the Authority of original certificates of insurance signed by the
representatives of the insurers or, at the Authority’s request, certified copies of the
required insurance policies. If found to be non-compliant at any point during the Contract
Term, the Authority may purchase the required insurance coverage(s) and the cost will
be borne by the Contractor/Vendor through direct payment/reimbursement to the
Authority or the Authority may withhold payment to the Contractor/Vendor for amounts
owed to them. The required insurance shall not contain any exclusions or endorsements
which are not acceptable to the Authority. Failure of the Authority to demand such
certificate or other evidence of full compliance with these insurance requirements or
failure of the Authority to identify a deficiency from evidence that is provided shall not be
construed as a waiver of Contractor’s/Vendor’s obligation to maintain such insurance. At
all times relevant to the Contract Term, the Contractor/Vendor shall be responsible for
providing the certificate to the Authority and for ensuring the certificate is fully compliant
with the requirements herein. Contractor/Vendor shall indemnify the Authority for any
such penalties, suits, claims, damages, demands, losses, and expenses assessed to the
Authority arising out of the Contractor’s/Vendor’s failure to obtain and maintain the proper
insurance requirements, as defined herein. With respect to insurance maintained after
final payment in compliance with a requirement below, an additional certificate(s)
evidencing such coverage shall be provided to the Authority with final application for
payment and thereafter upon renewal or replacement of such insurance until the
expiration of the time period for which such insurance must be maintained.

2. The Contractor/Vendor shall require all subcontractors to maintain during the term of the
Contract Insurance of the type and in the minimum amounts as described below and

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 required of the Contractor/Vendor. Any obligations imposed upon the Contractor/Vendor
as part of this contract shall be so imposed upon any and all subcontractors as well.

3. All insurance required herein, with the exception of the Professional Liability Insurance,
shall be written on an “occurrence” basis and not a “claims-made” basis. For Professional
Liability “claims-made” coverage:

a. The retroactive date must be on or prior to the start of work under this contract;
and
b. The Contractor/Vendor must purchase “tail coverage/an extended reporting
period” or maintain coverage for a period of two (2) years subsequent to the
completion of their work / final payment.

4. The South Jersey Transportation Authority, its commissioners, agents, servants,

employees and representatives shall be named as additional insured on the
Contractor’s/Vendor’s liability insurance program (except Workers Compensation and
Professional Liability policies) for ongoing operations and completed operations on a
primary noncontributory basis. Coverage to include ongoing and completed operations
using ISO Endorsements CG 2010 and CG 2037, or their equivalents. Each of the
Additional Insured’s respective members, employees, agents and representatives shall
also be afforded coverage as an Additional Insured. Coverage should be provided for a
period of two years subsequent to the completion of work/final payment. The Authority
reserves the right to require the Contractor/Vendor to name other parties as additional
insureds as required by the Authority. There shall be no “Insured versus Insured
Exclusion” on any policies; all policies will provide for “cross liability coverage”.

5. All insurance policies required hereunder shall be endorsed to provide that the policy is
not subject to cancellation, non-renewal, or material reduction in coverage until thirty (30)
days prior written notice has been given to the Authority. In the event of cancellation or
non-renewal of coverage(s), it is the Contractor’s/Vendor’s responsibility to replace
coverage to comply with the Contract requirements so there is no lapse of coverage for
any time period. In the event the insurance carriers will not issue or endorse their
policy(ies) to comply with the above it is the responsibility of the Contractor/Vendor to
report any notice of cancellation or non-renewal at least thirty (30) days prior to the
effective date of this notice.

6. No acceptance and/or approval of any insurance by the Authority shall be construed as

relieving or excusing the Contractor/Vendor or the Contractor’s/Vendor’s Surety, if
applicable, from any liability or obligation imposed upon either or both of them by
provisions of this Contract.

7. Any deductibles or self-insured retention’s (SIR) of $10,000 or greater shall be disclosed

by the Contractor/Vendor and are subject to the Authority’s written approval. Any
deductible or retention amounts elected by the Contractor/Vendor or imposed by the
Contractor’s/Vendor’s insurer(s) shall be the sole responsibility of the Contractor/Vendor.
In the event any policy includes an SIR, the Contractor/Vendor is responsible for payment
within the SIR of their policy(ies) and the Additional Insured requirements specified herein
shall be offered within the SIR amount(s).

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 8. All insurance companies shall have an AM Best’s rating of at least “A-, Class VIII” or
better and be permitted to do business in the State of New Jersey.

9. There shall be no liability upon the Authority, public officials, its employees, its authorized
representatives, or agents either personally or as officials of the Authority in carrying out
any of the provisions of the Contract nor in exercising any power or authority granted to
them by or within the scope of the Contract, it being understood that in all such matters
they act solely as agents and representatives of the Authority.

10. Waiver of Rights of Recovery and Waiver of Rights of Subrogation:

a. The Contractor/Vendor waives all rights of recovery against the Authority and all
the additional insured’s for loss or damage covered by any of the insurance
maintained by the Contractor/Vendor.
b. If any of the policies of insurance required under this contract require an
endorsement to provide for the waiver of subrogation, then the named insured of
such policies will cause them to be so endorsed.

11. Any type of insurance or any increase in limits of liability not described above which the
Contractor/Vendor requires for its own protection or on account of statute shall be its own
responsibility and at its own expense.

12. The amount of insurance provided in the aforementioned insurance coverages, shall not
be construed to be a limitation of the liability on the part of the Contractor/Vendor.

13. Contractor/Vendor shall promptly notify the Authority and the appropriate insurance
company(ies) in writing of any accident(s) as well as any claim, suit or process received
by the insured Contractor/Vendor arising in the course of operations under the Contract.
The Contractor/Vendor shall forward such documents received to his/her insurance
company(ies), as soon as practicable, or as required by his/her insurance policy(ies).

14. If working at the Airport, no Aviation or Aircraft related exclusions are permitted on any

of the Contractor’s/Vendor’s insurance policies.

REQUIRED COVERAGE: the following may be provided through a combination of primary

and excess policies in order to meet the minimum limits set forth below:
Insurance

1. Commercial General Liability insurance for bodily injury, personal injury, and property
damage including loss of use, etc. with minimum limits of:

• $1,000,000 each occurrence;

• $1,000,000 personal and advertising injury;
• $2,000,000 general aggregate; and
• $2,000,000 products/completed operation aggregate.

This insurance shall include coverage for all of the following:

• Coverage is to be provided on ISO CG 00 01 12 07 or an equivalent form
(“Occurrence Form”) including Premises/Operations, Independent Contractors,

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 Products/Completed Operations, Broad Form Property Damage, Contractual
Liability, and Personal Injury and Advertising Injury;
• General aggregate limit applying on a per project basis;
• Products/Completed Operations Coverage must be maintained for a period of at
least two (2) years after final payment (including coverage for the Additional
Insureds as set forth in these Insurance Requirements);
• Coverage for “Resulting Damage”;
• No sexual abuse or molestation exclusion;
• No amendment to the definition of an “Insured Contract”.

2. Business Auto Liability insurance with a minimum combined single limit of $1,000,000 per
accident and including, but not limited to, coverage for all of the following:
• Liability arising out of the ownership, maintenance or use of any auto;
• Auto non-ownership and hired car coverage
• Contractual Liability Coverage (including Liability for Employee Injury assumed
under a Contract as provided in the standard ISO policy form)
• For Contractors/Vendors involved in the transportation of hazardous material,
include the following endorsements: MCS-90 and ISO-9948

3. Workers’ Compensation insurance with statutory benefits as required by any state or

federal law, including standard “other states” coverage, and employer’s liability insurance
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.

This insurance shall include coverage for all of the following:

• United States Longshore & Harbor Workers Act Coverage, where applicable.
• Sole Proprietorships and Officers of a Corporation who will be performing the work.
• Where applicable, if the Contractor/Vendor is lending or leasing its employees to
the Authority for the work under this contract (e.g. crane rental with operator), it is
the Contractor’s/Vendor’s responsibility to provide the Workers Compensation and
Employer’s Liability coverage and to have their policy endorsed with the proper
Alternate Employer Endorsement.

4. Umbrella Liability or Excess Liability insurance with minimum limits of:

• $10,000,000 per occurrence;
• $10,000,000 aggregate for other than products/completed operations and auto
liability; and
• $10,000,000 products/completed operations aggregate.

Policy to apply on a Following Form basis of the Commercial General Liability,

Commercial Automobile Liability and Employers Liability Coverage.

5. Professional Liability Provide the Authority with a certificate of insurance evidencing

Professional Liability and/or Malpractice insurance with minimum limits of $5,000,000 Per
Claim / $5,000,000 Aggregate with a retroactive date prior to the start of work. The
definition of “covered services” shall include the services required in the scope of this
contract.

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 6. Aircraft Liability and/or Unmanned Aircraft Systems (UAS, aka Drones) (If Designated by
Consultant’s Scope of Work): If contractor utilizes any owned, leased, hired, or
borrowed aircraft or UAS, coverage for bodily injury, property damage, personal and
advertising injury arising out of the above shall be maintained.

Minimum Limits of Liability:

$5,000,000 Per Occurrence
$5,000,000 Aggregate

NOTE: If UAS are covered by the General Liability policy instead of an Aviation Policy,
coverage must be provided by CG 24 50 (or its equivalent) for “any aircraft used in the
Insured’s operations” for “any operations or projects of the Insured”.
1.36 INDEMNIFICATION

To the extent that state and/or federal laws limit the terms and conditions of this clause, it shall
be deemed so limited to comply with such state and/or federal law. This clause shall survive
termination of this contract. The Contractor/Vendor shall protect, defend, indemnify and hold
harmless the Authority, its commissioners, agents, servants, employees, and representatives (the
“Indemnified Parties”) from and against all liability, (including liability for violation of any law or any
common law duty), suits, claims, damages, demands losses, and expenses including attorneys’
fees, arising in connection with, out of, or resulting from the performance of the work contemplated
in this Agreement, including any negligent act, error, or omission by the Contractor/Vendor, its
agents, servants, employees, or subcontractors provided that any such liability, suit, claim,
damage, demand, loss or expense (i) is attributable to bodily injury, sickness, disease, or death,
or to any statutory or regulatory rule designed to protect against such conditions, or to injury to or
destruction of tangible property (other than the work itself), and including the loss of the use
resulting there from, and (ii) is caused by or results from, in whole or in part, any act or omission
of the Contractor/Vendor, or any Subcontractor, or anyone directly or indirectly employed by any
of them or anyone for whose acts any of them may be liable, regardless of whether or not it is
also caused by or results from any act or omission of any party indemnified hereunder. Such
obligation shall not be construed to negate, abridge, or reduce other rights, obligations or
indemnity which would otherwise exist as to a party or person described in this Indemnification. If
any judgment shall be rendered against the Authority for which indemnification is provided under
this Section, the Contractor/Vendor shall at its own expense satisfy and discharge the same.
In any and all claims against the Indemnified Parties by an employee of the Contractor/Vendor,
or Subcontractor, or anyone directly or indirectly employed by any of them, or anyone for whose
acts any of them may be liable, the indemnification obligation shall not be limited in any way by
any limitation on the amount or type of damages, compensation or benefits payable by or for any
Contractor/Vendor, or Subcontractor under Workmen’s Compensation Acts, Disability Benefits
Acts, or other Employee Benefit Act.
It is expressly agreed and understood that any approval by the Authority of the services performed
and/or reports, plans or specifications provided by the Contractor/Vendor shall not operate to limit
the obligations of the Contractor/Vendor assumed in this Article or in the other provisions of this
Agreement. It is further understood and agreed that the Authority assumes no obligation to
indemnify or save harmless the Contractor/Vendor, its agents, servants, employees and
subcontractors from and against any claim which may arise out of their performance of this

21
Agreement. Furthermore, the Contractor/Vendor expressly understands and agrees that the
provisions of this indemnification clause shall in no way limit the Contractor/Vendor’s obligations
assumed in this Agreement, nor shall they be construed to relieve the Contractor/Vendor from
any liability, nor preclude the Authority from taking any other actions available to it under any other
provisions of this Agreement or otherwise in law.
These Indemnification provisions shall survive the termination of this contract.

1.37 CIVIL RIGHTS

In all its activities within the scope of its airport program, the Consultant agrees to comply with
pertinent statutes, Executive Orders, and such rules as identified in Title VI List of Pertinent
Nondiscrimination Acts and Authorities to ensure that no person shall, on the grounds of race,
color, national origin (including limited English proficiency), creed, sex (including sexual
orientation and gender identity), age, or disability be excluded from participating in any activity
conducted with or benefiting from Federal assistance.
This provision is in addition to that required by Title VI of the Civil Rights Act of 1964.
The above provision binds the Consultant and subconsultants from the bid solicitation period
through the completion of the contract.
1.38 NONDISCRIMINATION
During the performance of this contract, the Consultant, for itself, its assignees, and successors
in interest (hereinafter referred to as the “Consultant”) agrees to comply with the following non-
discrimination statutes and authorities; including but not limited to:

• Title VI of the Civil Rights Act of 1964 (42 USC § 2000d et seq., 78 stat. 252) (prohibits
discrimination on the basis of race, color, national origin);
• 49 CFR part 21 (Non-discrimination in Federally-Assisted programs of the Department of
Transportation—Effectuation of Title VI of the Civil Rights Act of 1964);
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,
(42 USC § 4601) (prohibits unfair treatment of persons displaced or whose property has
been acquired because of Federal or Federal-aid programs and projects);
• Section 504 of the Rehabilitation Act of 1973 (29 USC § 794 et seq.), as amended
(prohibits discrimination on the basis of disability); and 49 CFR part 27 (Nondiscrimination
on the Basis of Disability in Programs or Activities Receiving Federal Financial
Assistance);
• The Age Discrimination Act of 1975, as amended (42 USC § 6101 et seq.) (prohibits
discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982 (49 USC § 47123), as amended (prohibits
discrimination based on race, creed, color, national origin, or sex);
• The Civil Rights Restoration Act of 1987 (PL 100-259) (broadened the scope, coverage
and applicability of Title VI of the Civil Rights Act of 1964, the Age Discrimination Act of
1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the
terms “programs or activities” to include all of the programs or activities of the Federal-aid
recipients, sub-recipients and contractors, whether such programs or activities are
Federally funded or not);
• Titles II and III of the Americans with Disabilities Act of 1990 (42 USC § 12101, et seq)
(prohibit discrimination on the basis of disability in the operation of public entities, public
and private transportation systems, places of public accommodation, and certain testing

22
 entities) as implemented by U.S. Department of Transportation regulations at 49 CFR
parts 37 and 38;
• The Federal Aviation Administration’s Nondiscrimination statute (49 USC § 47123)
(prohibits discrimination on the basis of race, color, national origin, and sex);
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations (ensures nondiscrimination against minority
populations by discouraging programs, policies, and activities with disproportionately high
and adverse human health or environmental effects on minority and low-income
populations);
• Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency, and resulting agency guidance, national origin discrimination includes
discrimination because of limited English proficiency (LEP). To ensure compliance with
Title VI, you must take reasonable steps to ensure that LEP persons have meaningful
access to your programs [70 Fed. Reg. 74087 (2005)];
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities (20 USC § 1681, et seq).

1.39 COMPLIANCE WITH NONDISCRIMINATION

During the performance of this contract, the Consultant, for itself, its assignees, and successors
in interest (hereinafter referred to as the “Consultant”), agrees as follows:

1. Compliance with Regulations: The Consultant will comply with the Title VI List of Pertinent
Nondiscrimination Acts and Authorities, as they may be amended from time to time, which
are herein incorporated by reference and made a part of this contract.
2. Nondiscrimination: The Consultant, with regard to the work performed by it during the
contract, will not discriminate on the grounds of race, color, national origin (including
limited English proficiency), creed, sex (including sexual orientation and gender identity),
age, or disability in the selection and retention of subcontractors, including procurements
of materials and leases of equipment. The Consultant will not participate directly or
indirectly in the discrimination prohibited by the Nondiscrimination Acts and Authorities,
including employment practices when the contract covers any activity, project, or program
set forth in Appendix B of 49 CFR part 21.
3. Solicitations for Subcontracts, including Procurements 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 procurements of materials, or leases of
equipment, each potential subcontractor or supplier will be notified by the Consultant of
the contractor’s obligations under this contract and the Nondiscrimination Acts and
Authorities on the grounds of race, color, or national origin.
4. Information and Reports: The Consultant will provide all information and reports required
by the Acts, the Regulations, and directives 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 Sponsor or the Federal Aviation Administration to be pertinent to
ascertain compliance with such Nondiscrimination Acts and Authorities and instructions.
Where any information required of a contractor is in the exclusive possession of another
who fails or refuses to furnish the information, the Consultant will so certify to the Sponsor
or the Federal Aviation Administration, as appropriate, and will set forth what efforts it has
made to obtain the information.
5. Sanctions for Noncompliance: In the event of a Consultant’s noncompliance with the non-
discrimination provisions of this contract, the Sponsor will impose such contract sanctions
as it or the Federal Aviation Administration may determine to be appropriate, including,
but not limited to:

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 a. Withholding payments to the Consultant under the contract until the Consultant
complies; and/or
b. Cancelling, terminating, or suspending a contract, in whole or in part.
6. Incorporation of Provisions: The Consultant will include the provisions of paragraphs one
through six in every subcontract, including procurements of materials and leases of
equipment, unless exempt by the Acts, the Regulations, and directives issued pursuant
thereto. The consultant will take action with respect to any subcontract or procurement
as the Sponsor or the Federal Aviation Administration may direct as a means of enforcing
such provisions including sanctions for noncompliance. Provided, that if the Consultant
becomes involved in, or is threatened with litigation by a subcontractor, or supplier
because of such direction, the Consultant may request the Sponsor to enter into any
litigation to protect the interests of the Sponsor. In addition, the Consultant may request
the United States to enter into the litigation to protect the interests of the United States.

1.40 CLEAN AIR AND WATER POLLUTION CONTROL

Consultant agrees to comply with all applicable standards, orders, and regulations issued
pursuant to the Clean Air Act (42 USC §§ 7401-7671q) and the Federal Water Pollution Control
Act as amended (33 USC §§ 1251-1387). The Consultant agrees to report any violation to the
Authority immediately upon discovery. The Authority assumes responsibility for notifying the
Environmental Protection Agency (EPA) and the Federal Aviation Administration.

Consultant must include this requirement in all subcontracts that exceed $150,000.

1.41 CERTIFICATION OF CONSULTANT REGARDING DEBARMENT

By submitting a bid/proposal under this solicitation, the Consultant certifies that neither it nor its
principals are presently debarred or suspended by any Federal department or agency from
participation in this transaction.

1.42 DISTRACTED DRIVING

In accordance with Executive Order 13513, “Federal Leadership on Reducing Text Messaging
While Driving”, (10/1/2009) and DOT Order 3902.10, “Text Messaging While Driving”,
(12/30/2009), the Federal Aviation Administration encourages recipients of Federal grant funds
to adopt and enforce safety policies that decrease crashes by distracted drivers, including policies
to ban text messaging while driving when performing work related to a grant or subgrant.

In support of this initiative, the Authority encourages the Consultant to promote policies and
initiatives for its employees and other work personnel that decrease crashes by distracted drivers,
including policies that ban text messaging while driving motor vehicles while performing work
activities associated with the project. The Consultant must include the substance of this clause
in all sub-tier contracts exceeding $10,000 that involve driving a motor vehicle in performance of
work activities associated with the project.

1.43 PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE

SERVICES AND EQUIPMENT
Consultant and Subconsultant agree to comply with mandatory standards and policies relating to
use and procurement of certain telecommunications and video surveillance services or equipment
in compliance with the National Defense Authorization Act [Public Law 115-232 § 889(f)(1)].

1.44 EQUAL EMPLOYMENT OPPORTUNITY

1. As used in these specifications:

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 a. “Covered area” means the geographical area described in the solicitation from which
this contract resulted;
b. “Director” means Director, Office of Federal Contract Compliance Programs (OFCCP),
U.S. Department of Labor, or any person to whom the Director delegates authority;
c. “Employer identification number” means the Federal social security number used on
the Employer’s Quarterly Federal Tax Return, U.S. Treasury Department Form 941;
d. “Minority” includes:
(1) Black (all persons having origins in any of the Black African racial groups not of
Hispanic origin);

(2) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American, or other
Spanish culture or origin, regardless of race);

(3) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far
East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and

(4) American Indian or Alaskan native (all persons having origins in any of the original peoples
of North America and maintaining identifiable tribal affiliations through membership and
participation or community identification).

2. Whenever the Contractor, or any subcontractor at any tier, subcontracts a portion of the work
involving any construction trade, it shall physically include in each subcontract in excess of
$10,000 the provisions of these specifications and the Notice which contains the applicable goals
for minority and female participation and which is set forth in the solicitations from which this
contract resulted.

3. If the Contractor is participating (pursuant to 41 CFR part 60-4.5) in a Hometown Plan approved
by the U.S. Department of Labor in the covered area either individually or through an association,
its affirmative action obligations on all work in the Plan area (including goals and timetables) shall
be in accordance with that Plan for those trades which have unions participating in the Plan.
Contractors must be able to demonstrate their participation in and compliance with the provisions
of any such Hometown Plan. Each contractor or subcontractor participating in an approved plan
is individually required to comply with its obligations under the EEO clause and to make a good
faith effort to achieve each goal under the Plan in each trade in which it has employees. The
overall good faith performance by other contractors or subcontractors toward a goal in an
approved Plan does not excuse any covered contractor’s or subcontractor’s failure to take good
faith efforts to achieve the Plan goals and timetables.

4. The Contractor shall implement the specific affirmative action standards provided in paragraphs
7a through 7p of these specifications. The goals set forth in the solicitation from which this
contract resulted are expressed as percentages of the total hours of employment and training of
minority and female utilization the Contractor should reasonably be able to achieve in each
construction trade in which it has employees in the covered area. Covered construction
contractors performing construction work in a geographical areas where they do not have a
Federal or federally assisted construction contract shall apply the minority and female goals
established for the geographical area where the work is being performed. Goals are published
periodically in the Federal Register in notice form, and such notices may be obtained from any
Office of Federal Contract Compliance Programs office or from Federal procurement contracting
officers. The Contractor is expected to make substantially uniform progress in meeting its goals
in each craft during the period specified.

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5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with
whom the Contractor has a collective bargaining agreement, to refer either minorities or women
shall excuse the Contractor’s obligations under these specifications, Executive Order 11246, or
the regulations promulgated pursuant thereto.

6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting
the goals, such apprentices and trainees must be employed by the Contractor during the training
period, and the Contractor must have made a commitment to employ the apprentices and trainees
at the completion of their training, subject to the availability of employment opportunities. Trainees
must be trained pursuant to training programs approved by the U.S. Department of Labor.

7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity.
The evaluation of the Contractor’s compliance with these specifications shall be based upon its
effort to achieve maximum results from its actions. The Contractor shall document these efforts
fully, and shall implement affirmative action steps at least as extensive as the following:

a. Ensure and maintain a working environment free of harassment, intimidation, and

coercion at all sites, and in all facilities at which the Contractor’s employees are
assigned to work. The Contractor, where possible, will assign two or more women to
each construction project. The Contractor shall specifically ensure that all foremen,
superintendents, and other onsite supervisory personnel are aware of and carry out
the Contractor’s obligation to maintain such a working environment, with specific
attention to minority or female individuals working at such sites or in such facilities.
b. Establish and maintain a current list of minority and female recruitment sources, provide
written notification to minority and female recruitment sources and to community
organizations when the Contractor or its unions have employment opportunities
available, and maintain a record of the organizations’ responses.
c. Maintain a current file of the names, addresses, and telephone numbers of each minority
and female off-the-street applicant and minority or female referral from a union, a
recruitment source, or community organization and of what action was taken with
respect to each such individual. If such individual was sent to the union hiring hall for
referral and was not referred back to the Contractor by the union or, if referred, not
employed by the Contractor, this shall be documented in the file with the reason
therefor, along with whatever additional actions the Contractor may have taken.
d. Provide immediate written notification to the Director when the union or unions with
which the Contractor has a collective bargaining agreement has not referred to the
Contractor a minority person or woman sent by the Contractor, or when the Contractor
has other information that the union referral process has impeded the Contractor’s
efforts to meet its obligations.
e. Develop on-the-job training opportunities and/or participate in training programs for the
area which expressly include minorities and women, including upgrading programs
and apprenticeship and trainee programs relevant to the Contractor’s employment
needs, especially those programs funded or approved by the Department of Labor.
The Contractor shall provide notice of these programs to the sources compiled under
7b above.
f. Disseminate the Contractor’s EEO policy by providing notice of the policy to unions and
training programs and requesting their cooperation in assisting the Contractor in
meeting its EEO obligations; by including it in any policy manual and collective
bargaining agreement; by publicizing it in the company newspaper, annual report, etc.;
by specific review of the policy with all management personnel and with all minority
and female employees at least once a year; and by posting the company EEO policy

26
 on bulletin boards accessible to all employees at each location where construction
work is performed.
g. Review, at least annually, the company’s EEO policy and affirmative action obligations
under these specifications with all employees having any responsibility for hiring,
assignment, layoff, termination, or other employment decisions including specific
review of these items with onsite supervisory personnel such superintendents, general
foremen, etc., prior to the initiation of construction work at any job site. A written record
shall be made and maintained identifying the time and place of these meetings,
persons attending, subject matter discussed, and disposition of the subject matter.
h. Disseminate the Contractor’s EEO policy externally by including it in any advertising in
the news media, specifically including minority and female news media, and providing
written notification to and discussing the Contractor’s EEO policy with other
contractors and subcontractors with whom the Contractor does or anticipates doing
business.
i. Direct its recruitment efforts, both oral and written, to minority, female, and community
organizations, to schools with minority and female students and to minority and female
recruitment and training organizations serving the Contractor’s recruitment area and
employment needs. Not later than one month prior to the date for the acceptance of
applications for apprenticeship or other training by any recruitment source, the
Contractor shall send written notification to organizations such as the above,
describing the openings, screening procedures, and tests to be used in the selection
process.
j. Encourage present minority and female employees to recruit other minority persons and
women and, where reasonable, provide after school, summer, and vacation
employment to minority and female youth both on the site and in other areas of a
contractor’s work force.
k. Validate all tests and other selection requirements where there is an obligation to do so
under 41 CFR part 60-3.
l. Conduct, at least annually, an inventory and evaluation at least of all minority and female
personnel, for promotional opportunities and encourage these employees to seek or
to prepare for, through appropriate training, etc., such opportunities.
m. Ensure that seniority practices, job classifications, work assignments, and other
personnel practices do not have a discriminatory effect by continually monitoring all
personnel and employment related activities to ensure that the EEO policy and the
Contractor’s obligations under these specifications are being carried out.
n. Ensure that all facilities and company activities are nonsegregated except that separate
or single-user toilet and necessary changing facilities shall be provided to assure
privacy between the sexes.
o. Document and maintain a record of all solicitations of offers for subcontracts from
minority and female construction contractors and suppliers, including circulation of
solicitations to minority and female contractor associations and other business
associations.
p. Conduct a review, at least annually, of all supervisor’s adherence to and performance
under the Contractor’s EEO policies and affirmative action obligations.

8. Contractors are encouraged to participate in voluntary associations, which assist in fulfilling

one or more of their affirmative action obligations (7a through 7p). The efforts of a contractor
association, joint contractor-union, contractor-community, or other similar group of which the
Contractor is a member and participant may be asserted as fulfilling any one or more of its
obligations under 7a through 7p of these specifications provided that the Contractor actively
participates in the group, makes every effort to assure that the group has a positive impact on the

27
employment of minorities and women in the industry, ensures that the concrete benefits of the
program are reflected in the Contractor’s minority and female workforce participation, makes a
good faith effort to meet its individual goals and timetables, and can provide access to
documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor.
The obligation to comply, however, is the Contractor’s and failure of such a group to fulfill an
obligation shall not be a defense for the Contractor’s noncompliance.

9. A single goal for minorities and a separate single goal for women have been established. The
Contractor, however, is required to provide equal employment opportunity and to take affirmative
action for all minority groups, both male and female, and all women, both minority and non-
minority. Consequently, the Contractor may be in violation of the Executive Order if a particular
group is employed in a substantially disparate manner (for example, even though the Contractor
has achieved its goals for women generally, the Contractor may be in violation of the Executive
Order if a specific minority group of women is underutilized).

10. The Contractor shall not use the goals and timetables or affirmative action standards to
discriminate against any person because of race, color, religion, sex, sexual orientation, gender
identity, or national origin.

11. The Contractor shall not enter into any subcontract with any person or firm debarred from
Government contracts pursuant to Executive Order 11246.

12. The Contractor shall carry out such sanctions and penalties for violation of these
specifications and of the Equal Opportunity Clause, including suspension, termination, and
cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order
11246, as amended, and its implementing regulations, by the Office of Federal Contract
Compliance Programs. Any contractor who fails to carry out such sanctions and penalties shall
be in violation of these specifications and Executive Order 11246, as amended.

13. The Contractor, in fulfilling its obligations under these specifications, shall implement specific
affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of
these specifications, so as to achieve maximum results from its efforts to ensure equal
employment opportunity. If the Contractor fails to comply with the requirements of the Executive
Order, the implementing regulations, or these specifications, the Director shall proceed in
accordance with 41 CFR part 60-4.8.

14. The Contractor shall designate a responsible official to monitor all employment related activity
to ensure that the company EEO policy is being carried out, to submit reports relating to the
provisions hereof as may be required by the Government, and to keep records. Records shall at
least include for each employee, the name, address, telephone numbers, construction trade,
union affiliation if any, employee identification number when assigned, social security number,
race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in
status, hours worked per week in the indicated trade, rate of pay, and locations at which the work
was performed. Records shall be maintained in an easily understandable and retrievable form;
however, to the degree that existing records satisfy this requirement, contractors shall not be
required to maintain separate records.

15. Nothing herein provided shall be construed as a limitation upon the application of other laws
which establish different standards of compliance or upon the application of requirements for the
hiring of local or other area residents (e.g. those under the Public Works Employment Act of 1977
and the Community Development Block Grant Program).

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1.45 CERTIFICATION REGARDING LOBBYING
The Consultant certifies by signing and submitting this bid or proposal, to the best of his or her
knowledge and belief, that:

(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
Consultant, to any person for influencing or attempting to influence an officer or employee
of an 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 sub-awards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans, and cooperative agreements) and that all sub-recipients
shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who
fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and
not more than $100,000 for each such failure.

1.46 OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970

All contracts and subcontracts that result from this solicitation incorporate by reference the
requirements of 29 CFR Part 1910 with the same force and effect as if given in full text. The
employer must provide a work environment that is free from recognized hazards that may cause
death or serious physical harm to the employee. The employer retains full responsibility to monitor
its compliance and their subcontractor’s compliance with the applicable requirements of the
Occupational Safety and Health Act of 1970 (29 CFR Part 1910). The employer must address
any claims or disputes that pertain to a referenced requirement directly with the U.S. Department
of Labor – Occupational Safety and Health Administration.

1.47 CERTIFICATION OF BIDDER REGARDING TAX DELINQUENCY AND FELONY

CONVICTIONS
The Bidder shall complete the Certification Statement indicating its current status as it relates to
tax delinquency and felony conviction.

1.48 TRADE RESTRICTION

By submission of an offer, the Consultant certifies that with respect to this solicitation and any
resultant contract, the Consultant –

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 1) is not owned or controlled by one or more citizens of a foreign country included in the
list of countries that discriminate against U.S. firms as published by the Office of the
United States Trade Representative (USTR);
2) has not knowingly entered into any contract or subcontract for this project with a
person that is a citizen or national of a foreign country included on the list of countries
that discriminate against U.S. firms as published by the USTR; and
3) has not entered into any subcontract for any product to be used on the Federal project
that is produced in a foreign country included on the list of countries that discriminate
against U.S. firms published by the USTR.
This certification concerns a matter within the jurisdiction of an agency of the United States of
America and the making of a false, fictitious, or fraudulent certification may render the maker
subject to prosecution under Title 18 USC § 1001.

The Consultant must provide immediate written notice to the Authority if the Consultant learns
that its certification or that of a subcontractor was erroneous when submitted or has become
erroneous by reason of changed circumstances. The Consultant must require subcontractors
provide immediate written notice to the Consultant if at any time it learns that its certification was
erroneous by reason of changed circumstances.

Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance
with 49 CFR § 30.17, no contract shall be awarded to an Consultant or subcontractor:
1) who is owned or controlled by one or more citizens or nationals of a foreign country
included on the list of countries that discriminate against U.S. firms published by the
USTR; or
2) whose subcontractors are owned or controlled by one or more citizens or nationals of
a foreign country on such USTR list; or
3) who incorporates in the public works project any product of a foreign country on such
USTR list.

Nothing contained in the foregoing shall be construed to require establishment of a system of

records in order to render, in good faith, the certification required by this provision. The knowledge
and information of a contractor is not required to exceed that which is normally possessed by a
prudent person in the ordinary course of business dealings.

The Consultant agrees that, if awarded a contract resulting from this solicitation, it will incorporate
this provision for certification without modification in all lower tier subcontracts. The Consultant
may rely on the certification of a prospective subcontractor that it is not a firm from a foreign
country included on the list of countries that discriminate against U.S. firms as published by USTR,
unless the Consultant has knowledge that the certification is erroneous.

This certification is a material representation of fact upon which reliance was placed when making
an award. If it is later determined that the Consultant or subcontractor knowingly rendered an
erroneous certification, the Federal Aviation Administration (FAA) may direct through the Authority
cancellation of the contract or subcontract for default at no cost to the Owner or the FAA.

1.49 VETERAN’S PREFERENCE

In the employment of labor (excluding executive, administrative, and supervisory positions), the
Consultant and all sub-tier contractors must give preference to covered veterans as defined
within Title 49 United States Code Section 47112. Covered veterans include Vietnam-era
veterans, Persian Gulf veterans, Afghanistan-Iraq war veterans, disabled veterans, and small

30
business concerns (as defined by 15 USC § 632) owned and controlled by disabled veterans.
This preference only applies when there are covered veterans readily available and qualified to
perform the work to which the employment relates.

1.50 CERTIFICATION REGARDING DOMESTIC PREFERENCES FOR PROCUREMENTS

The Bidder or Offeror certifies by signing and submitting this bid or proposal that, to the greatest
extent practicable, the Bidder or Offeror has provided a preference for the purchase, acquisition,
or use of goods, products, or materials produced in the United States (including, but not limited
to, iron, aluminum, steel, cement, and other manufactured products) in compliance with 2 CFR
§ 200.322.

1.51 BUY AMERICAN PREFERENCE

If the Consultant’s proposal for performance of the Contract provides that the Consultant
will provide manufactured goods, the Consultant certifies that its bid/offer is in compliance
with 49 USC § 50101, BABA and other related Made in America Laws, U.S. statutes, guidance,
and FAA policies, which provide that Federal funds may not be obligated unless all iron, steel
and manufactured goods used in AIP funded projects are produced in the United States, unless
the Federal Aviation Administration has issued a waiver for the product; the product is listed as
an Excepted Article, Material Or Supply in Federal Acquisition Regulation subpart 25.108; or is
included in the FAA Nationwide Buy American Waivers Issued list.

The Bidder must complete and submit the certification of compliance with FAA’s Buy American
Preference, BABA and Made in America laws included herein with their bid or offer. The
Authority will reject as nonresponsive any bid or offer that does not include a completed
certification of compliance with FAA’s Buy American Preference and BABA.

The Bidder certifies that all constructions materials, defined to mean an article, material, or
supply other than an item of primarily iron or steel; a manufactured product; cement and
cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding agents
or additives that are or consist primarily of: non-ferrous metals; plastic and polymer-based
products (including polyvinylchloride, composite building materials, and polymers used in fiber
optic cables); glass (including optic glass); lumber; or drywall used in the project are
manufactured in the U.S.

1.52 CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS

1. Overtime Requirements.
No contractor or subcontractor contracting for any part of the contract work which may require
or involve the employment of laborers or mechanics shall require or permit any such laborer or
mechanic, including watchmen and guards, in any workweek in which he or she is employed on
such work to work in excess of forty hours in such workweek unless such laborer or mechanic
receives compensation at a rate not less than one and one-half times the basic rate of pay for
all hours worked in excess of forty hours in such workweek.

2. Violation; Liability for Unpaid Wages; Liquidated Damages.

In the event of any violation of the clause set forth in paragraph (1) of this clause, the Contractor
and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition,
such contractor and subcontractor shall be liable to the United States (in the case of work done
under contract for the District of Columbia or a territory, to such District or to such territory), for
liquidated damages. Such liquidated damages shall be computed with respect to each individual

31
laborer or mechanic, including watchmen and guards, employed in violation of the clause set
forth in paragraph (1) of this clause, in the sum of $29 for each calendar day on which such
individual was required or permitted to work in excess of the standard workweek of forty hours
without payment of the overtime wages required by the clause set forth in paragraph (1) of this
clause.

3. Withholding for Unpaid Wages and Liquidated Damages.

The Federal Aviation Administration (FAA) or the Owner shall upon its own action or upon written
request of an authorized representative of the Department of Labor withhold or cause to be
withheld, from any moneys payable on account of work performed by the contractor or
subcontractor under any such contract or any other Federal contract with the same prime
contractor, or any other federally-assisted contract subject to the Contract Work Hours and
Safety Standards Act, which is held by the same prime contractor, such sums as may be
determined to be necessary to satisfy any liabilities of such contractor or subcontractor for
unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of
this clause.

4. Subcontractors.
The Consultant or subcontractor shall insert in any subcontracts the clauses set forth in
paragraphs (1) through (4) and also a clause requiring the subcontractor to include these
clauses in any lower tier subcontracts. The Consultant shall be responsible for compliance by
any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through
(4) of this clause.

1.53 COPELAND “ANTI-KICKBACK” ACT

Consultant must comply with the requirements of the Copeland “Anti-Kickback” Act (18 USC
874 and 40 USC 3145), as supplemented by Department of Labor regulation 29 CFR part 3.
The Consultant and subcontractors are prohibited from inducing, by any means, any person
employed on the project to give up any part of the compensation to which the employee is
entitled. The Consultant and each Subcontractor must submit to the Authority, a weekly
statement on the wages paid to each employee performing on covered work during the prior
week. The Authority must report any violations of the Act to the Federal Aviation Administration.

1.54 DAVIS-BACON ACT

1. Minimum Wages.
(i) All laborers and mechanics employed or working upon the site of the work will be paid
unconditionally and not less often than once a week, and without subsequent deduction or
rebate on any account (except such payroll deductions as are permitted by the Secretary of
Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide fringe
benefits (or cash equivalent thereof) due at time of payment computed at rates not less than
those contained in the wage determination of the Secretary of Labor which is attached hereto
and made a part hereof, regardless of any contractual relationship which may be alleged to exist
between the Contractor and such laborers and mechanics.
Contributions made or costs reasonably anticipated for bona fide fringe benefits under section
1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid
to such laborers or mechanics, subject to the provisions of paragraph (1)(iv) of this section; also,
regular contributions made or costs incurred for more than a weekly period (but not less often

32
than quarterly) under plans, funds, or programs which cover the particular weekly period, are
deemed to be constructively made or incurred during such weekly period. Such laborers and
mechanics shall be paid the appropriate wage rate and fringe benefits on the wage
determination for the classification of work actually performed, without regard to skill, except as
provided in 29 CFR § 5.5(a)(4). Laborers or mechanics performing work in more than one
classification may be compensated at the rate specified for each classification for the time
actually worked therein: Provided, that the employer’s payroll records accurately set forth the
time spent in each classification in which work is performed. The wage determination (including
any additional classification and wage rates conformed under (1)(ii) of this section) and the
Davis-Bacon poster (WH-1321) shall be posted at all times by the Contractor and its
subcontractors at the site of the work in a prominent and accessible place where it can easily
be seen by the workers.
(ii)(A) The contracting officer shall require that any class of laborers or mechanics, including
helpers, which is not listed in the wage determination and which is to be employed under the
contract shall be classified in conformance with the wage determination. The contracting officer
shall approve an additional classification and wage rate and fringe benefits therefore only when
the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification
in the wage determination;
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable
relationship to the wage rates contained in the wage determination.
(B) If the Contractor and the laborers and mechanics to be employed in the classification (if
known), or their representatives, and the contracting officer agree on the classification and wage
rate (including the amount designated for fringe benefits where appropriate), a report of the
action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour
Division, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an
authorized representative, will approve, modify, or disapprove every additional classification
action within 30 days of receipt and so advise the contracting officer or will notify the contracting
officer within the 30-day period that additional time is necessary.
(C) In the event the Contractor, the laborers, or mechanics to be employed in the classification,
or their representatives, and the contracting officer do not agree on the proposed classification
and wage rate (including the amount designated for fringe benefits, where appropriate), the
contracting officer shall refer the questions, including the views of all interested parties and the
recommendation of the contracting officer, to the Administrator for determination. The
Administrator, or an authorized representative, will issue a determination within 30 days of
receipt and so advise the contracting officer or will notify the contracting officer within the 30-
day period that additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to
subparagraphs (1)(ii) (B) or (C) of this paragraph, shall be paid to all workers performing work

33
in the classification under this contract from the first day on which work is performed in the
classification.
(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or
mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor
shall either pay the benefit as stated in the wage determination or shall pay another bona fide
fringe benefit or an hourly cash equivalent thereof.
(iv) If the Contractor does not make payments to a trustee or other third person, the Contractor
may consider as part of the wages of any laborer or mechanic the amount of any costs
reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided,
that the Secretary of Labor has found, upon the written request of the Contractor, that the
applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require
the Contractor to set aside in a separate account assets for the meeting of obligations under the
plan or program.
2. Withholding. The Federal Aviation Administration or the Sponsor shall upon its own action or
upon written request of an authorized representative of the Department of Labor withhold or
cause to be withheld from the Contractor under this contract or any other Federal contract with
the same prime contractor, or any other federally-assisted contract subject to Davis-Bacon
prevailing wage requirements, which is held by the same prime contractor, so much of the
accrued payments or advances as may be considered necessary to pay laborers and
mechanics, including apprentices, trainees, and helpers, employed by the Contractor or any
subcontractor the full amount of wages required by the contract. In the event of failure to pay
any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on
the site of the work, all or part of the wages required by the contract, the Federal Aviation
Administration may, after written notice to the Contractor, Sponsor, Applicant, or Owner, take
such action as may be necessary to cause the suspension of any further payment, advance, or
guarantee of funds until such violations have ceased.
3. Payrolls and Basic Records.
(i) Payrolls and basic records relating thereto shall be maintained by the Contractor during the
course of the work and preserved for a period of three years thereafter for all laborers and
mechanics working at the site of the work. Such records shall contain the name, address, and
social security number of each such worker; his or her correct classification; hourly rates of
wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or
cash equivalents thereof of the types described in 1(b)(2)(B) of the Davis-Bacon Act); daily and
weekly number of hours worked; deductions made; and actual wages paid. Whenever the
Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or
mechanic include the amount of any costs reasonably anticipated in providing benefits under a
plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the Contractor shall
maintain records that show that the commitment to provide such benefits is enforceable, that
the plan or program is financially responsible, and that the plan or program has been
communicated in writing to the laborers or mechanics affected, and records which show the
costs anticipated or the actual costs incurred in providing such benefits. Contractors employing
apprentices or trainees under approved programs shall maintain written evidence of the

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registration of apprenticeship programs and certification of trainee programs, the registration of
the apprentices and trainees, and the ratios and wage rates prescribed in the applicable
programs.
(ii)(A) The Contractor shall submit weekly for each week in which any contract work is performed
a copy of all payrolls to the Federal Aviation Administration if the agency is a party to the contract,
but if the agency is not such a party, the Contractor will submit the payrolls to the applicant,
Sponsor, or Owner, as the case may be, for transmission to the Federal Aviation Administration.
The payrolls submitted shall set out accurately and completely all of the information required to
be maintained under 29 CFR § 5.5(a)(3)(i), except that full social security numbers and home
addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to
include an individually identifying number for each employee (e.g., the last four digits of the
employee’s social security number). The required weekly payroll information may be submitted
in any form desired. Optional Form WH–347 is available for this purpose from the Wage and
Hour Division Web site at https://www.dol.gov/agencies/whd/government-
contracts/construction/payroll-certification or its successor site. The prime contractor is
responsible for the submission of copies of payrolls by all subcontractors. Contractors and
subcontractors shall maintain the full social security number and current address of each
covered worker and shall provide them upon request to the Federal Aviation Administration if
the agency is a party to the contract, but if the agency is not such a party, the Contractor will
submit them to the applicant, Sponsor, or Owner, as the case may be, for transmission to the
Federal Aviation Administration, the Contractor, or the Wage and Hour Division of the
Department of Labor for purposes of an investigation or audit of compliance with prevailing wage
requirements. It is not a violation of this section for a prime contractor to require a subcontractor
to provide addresses and social security numbers to the prime contractor for its own records,
without weekly submission to the sponsoring government agency (or the applicant, Sponsor, or
Owner).
(B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by
the Contractor or subcontractor or his or her agent who pays or supervises the payment of the
persons employed under the contract and shall certify the following:
(1) That the payroll for the payroll period contains the information required to be provided under
29 CFR § 5.5(a)(3)(ii), the appropriate information is being maintained under 29 CFR § 5.5
(a)(3)(i), and that such information is correct and complete;
(2) That each laborer and mechanic (including each helper, apprentice, and trainee) employed
on the contract during the payroll period has been paid the full weekly wages earned, without
rebate, either directly or indirectly, and that no deductions have been made either directly or
indirectly from the full wages earned, other than permissible deductions as set forth in
Regulations, 29 CFR Part 3;
(3) That each laborer or mechanic has been paid not less than the applicable wage rates and
fringe benefits or cash equivalents for the classification of work performed, as specified in the
applicable wage determination incorporated into the contract.

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(C) The weekly submission of a properly executed certification set forth on the reverse side of
Optional Form WH-347 shall satisfy the requirement for submission of the “Statement of
Compliance” required by paragraph (3)(ii)(B) of this section.
(D) The falsification of any of the above certifications may subject the Contractor or
subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of
Title 31 of the United States Code.
(iii) The Contractor or subcontractor shall make the records required under paragraph (3)(i) of
this section available for inspection, copying, or transcription by authorized representatives of
the Sponsor, the Federal Aviation Administration, or the Department of Labor and shall permit
such representatives to interview employees during working hours on the job. If the Contractor
or subcontractor fails to submit the required records or to make them available, the Federal
agency may, after written notice to the Contractor, Sponsor, applicant, or Owner, take such
action as may be necessary to cause the suspension of any further payment, advance, or
guarantee of funds. Furthermore, failure to submit the required records upon request or to make
such records available may be grounds for debarment action pursuant to 29 CFR § 5.12.
4. Apprentices and Trainees.
(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the
work they performed when they are employed pursuant to and individually registered in a bona
fide apprenticeship program registered with the U.S. Department of Labor, Employment and
Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with
a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her
first 90 days of probationary employment as an apprentice in such an apprenticeship program,
who is not individually registered in the program, but who has been certified by the Office of
Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where
appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of
apprentices to journeymen on the job site in any craft classification shall not be greater than the
ratio permitted to the contractor as to the entire work force under the registered program. Any
worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise
employed as stated above, shall be paid not less than the applicable wage rate on the wage
determination for the classification of work actually performed. In addition, any apprentice
performing work on the job site in excess of the ratio permitted under the registered program
shall be paid not less than the applicable wage rate on the wage determination for the work
actually performed. Where a contractor is performing construction on a project in a locality other
than that in which its program is registered, the ratios and wage rates (expressed in percentages
of the journeyman’s hourly rate) specified in the Contractor’s or subcontractor’s registered
program shall be observed. Every apprentice must be paid at not less than the rate specified in
the registered program for the apprentice’s level of progress, expressed as a percentage of the
journeymen hourly rate specified in the applicable wage determination. Apprentices shall be
paid fringe benefits in accordance with the provisions of the apprenticeship program. If the
apprenticeship program does not specify fringe benefits, apprentices must be paid the full
amount of fringe benefits listed on the wage determination for the applicable classification. If the
Administrator determines that a different practice prevails for the applicable apprentice
classification, fringes shall be paid in accordance with that determination. In the event the Office

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of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency
recognized by the Office, withdraws approval of an apprenticeship program, the Contractor will
no longer be permitted to utilize apprentices at less than the applicable predetermined rate for
the work performed until an acceptable program is approved.
(ii) Trainees. Except as provided in 29 CFR § 5.16, trainees will not be permitted to work at less
than the predetermined rate for the work performed unless they are employed pursuant to and
individually registered in a program which has received prior approval, evidenced by formal
certification by the U.S. Department of Labor, Employment and Training Administration. The
ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan
approved by the Employment and Training Administration. Every trainee must be paid at not
less than the rate specified in the approved program for the trainee’s level of progress,
expressed as a percentage of the journeyman hourly rate specified in the applicable wage
determination. Trainees shall be paid fringe benefits in accordance with the provisions of the
trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid
the full amount of fringe benefits listed on the wage determination unless the Administrator of
the Wage and Hour Division determines that there is an apprenticeship program associated with
the corresponding journeyman wage rate on the wage determination that provides for less than
full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate that is
not registered and participating in a training plan approved by the Employment and Training
Administration shall be paid not less than the applicable wage rate on the wage determination
for the classification of work actually performed. In addition, any trainee performing work on the
job site in excess of the ratio permitted under the registered program shall be paid not less than
the applicable wage rate on the wage determination for the work actually performed. In the
event the Employment and Training Administration withdraws approval of a training program,
the Contractor will no longer be permitted to utilize trainees at less than the applicable
predetermined rate for the work performed until an acceptable program is approved.
(iii) Equal Employment Opportunity. The utilization of apprentices, trainees, and journeymen
under this part shall be in conformity with the equal employment opportunity requirements of
Executive Order 11246, as amended, and 29 CFR Part 30.
5. Compliance with Copeland Act Requirements.
The Contractor shall comply with the requirements of 29 CFR Part 3, which are incorporated by
reference in this contract.
6. Subcontracts.
The Contractor or subcontractor shall insert in any subcontracts the clauses contained in 29
CFR §§ 5.5(a)(1) through (10) and such other clauses as the Federal Aviation Administration
may by appropriate instructions require, and also a clause requiring the subcontractors to
include these clauses in any lower tier subcontracts. The prime contractor shall be responsible
for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses
in 29 CFR § 5.5.

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7. Contract Termination: Debarment.
A breach of the contract clauses in paragraph 1 through 10 of this section may be grounds for
termination of the contract, and for debarment as a contractor and a subcontractor as provided
in 29 CFR § 5.12.
8. Compliance with Davis-Bacon and Related Act Requirements.
All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts
1, 3, and 5 are herein incorporated by reference in this contract.
9. Disputes Concerning Labor Standards.
Disputes arising out of the labor standards provisions of this contract shall not be subject to the
general disputes clause of this contract. Such disputes shall be resolved in accordance with the
procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the
meaning of this clause include disputes between the Contractor (or any of its subcontractors)
and the contracting agency, the U.S. Department of Labor, or the employees or their
representatives.
10. Certification of Eligibility.
(i) By entering into this contract, the Contractor certifies that neither it (nor he or she) nor any
person or firm who has an interest in the Contractor’s firm is a person or firm ineligible to be
awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR §
5.12(a)(1).
(ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a
Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR § 5.12(a)(1).
(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 USC §
1001.
1.55 PROHIBITION OF SEGREGATED FACILITIES
(a) The Consultant agrees that it does not and will not maintain or provide for its employees any
segregated facilities at any of its establishments, and that it does not and will not permit its
employees to perform their services at any location under its control where segregated facilities
are maintained. The Consultant agrees that a breach of this clause is a violation of the Equal
Employment Opportunity clause in this contract.

(b) “Segregated facilities,” as used in this clause, means any waiting rooms, work areas, rest
rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other
storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas,
transportation, and housing facilities provided for employees that are segregated by explicit
directive or are in fact segregated on the basis of race, color, religion, sex, sexual orientation,
gender identity, or national origin because of written or oral policies or employee custom. The
term does not include separate or single-user rest rooms or necessary dressing or sleeping
areas provided to assure privacy between the sexes.

(c) The Consultant shall include this clause in every subcontract and purchase order that is
subject to the Equal Employment Opportunity clause of this contract.

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1.56 PROCUREMENT OF RECOVERED MATERIALS
The Consultant agrees to comply with Section 6002 of the Solid Waste Disposal Act, as
amended by the Resource Conservation and Recovery Act, and the regulatory provisions of 40
CFR Part 247. In the performance of this contract and to the extent practicable, the Consultant
and subcontractors are to use products containing the highest percentage of recovered
materials for items designated by the Environmental Protection Agency (EPA) under 40 CFR
Part 247 whenever:

The contract requires procurement of $10,000 or more of a designated item during the
fiscal year; or
The contractor has procured $10,000 or more of a designated item using Federal funding
during the previous fiscal year.
The list of EPA-designated items is available at www.epa.gov/smm/comprehensive-
procurement-guidelines-construction-products.
Section 6002(c) establishes exceptions to the preference for recovery of EPA-designated
products if the contractor can demonstrate the item is:

a) Not reasonably available within a timeframe providing for compliance with the contract
performance schedule;
b) Fails to meet reasonable contract performance requirements; or
c) Is only available at an unreasonable price.

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2.0 PROJECT DESCRIPTION

2.1 OVERVIEW

The Atlantic City International Airport (ACY) is located in Egg Harbor Township, Atlantic County,
New Jersey, about ten miles west of downtown Atlantic City. The Airport is operated by the South
Jersey Transportation Authority (SJTA). The Airport property is owned by the Federal Aviation
Administration, which operates the adjacent FAA William J. Hughes Technical Center. The entire
property covers approximately 5,200 acres. SJTA owns the terminal facility, an 84-acre parcel,
and leases another 2,000 acres from the FAA that covers the airfield and future development
areas.

SJTA enlisted a design consultant to complete the Preliminary Design (30% Design Drawings) of
Taxiway R and complete the Environmental Assessment for the taxiway and Cargo Development
site which is being designed by a third-party developer.

The SJTA is soliciting proposals from engineering consulting firms (Design Engineer) to perform
all the remaining required professional services to design the proposed Taxiway “R” adjacent to
the southern end of Runway 4-22 for incorporation into a construction bid package.

Figure 1 – Taxiway R

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Taxiway R is proposed parallel to Runway 4-22 on the northern side, opposite Taxiway A. Taxiway
R will connect to a proposed apron and cargo facility on the western limit and to Taxiway B on the
eastern limit. In addition to Taxiway R, Taxiway Fillet Geometry will be updated to accommodate
the aircraft anticipated at the proposed cargo facility. Per FAA Aircraft database October 2023,
the proposed fleet mix: Boeing 777-F (B-777-200LR) and Boeing 747-400F (B747-400f) are
Aircraft Design Group V (ADG V), Taxiway Design Group 5 (TDG 5) and Boeing 747-8F (B747-
8F) is Aircraft Design Group VI (ADG VI), Taxiway Design Group 6 (TDG 6). Taxiway R and the
intersections listed below will be designed for ADG VI, TDG 6 in this scope of work.

• Runway 13-31 and Taxiway B via Taxiway B (western end)

• Runway 13-31 and Taxiway B via Taxiway C
• Taxiway B and proposed Taxiway R
• Runway 13-31 and Taxiway B via Taxiway J
• Runway 13-31 and Taxiway B via Taxiway B (eastern end)

2.2 GENERAL PROJECT REQUIREMENTS

The successful firm (Designer) will be required to provide a staff person (Project Manager), who
will be dedicated full time, and will provide a single point of contact for the SJTA will serve to
coordinate and track all design services being provided by the Designer and their other
subconsultants.

The Design Consultant is responsible for overseeing all activities required to prepare documents
and all ancillary activities to effectuate the preliminary engineering and final design associated
with the Project as outlined in Section 2.3 Scope of Services. It is, however, expressly stated that
the Design Consultant is responsible to account for all work activities, whether identified below or
not, necessary for the total performance of this assignment. The Designer shall account for all
work activities required for this project and shall identify any additional services that will be
required for the successful delivery of this project.

The Design Consultant is responsible for the work of its subconsultants.

The Design Consultant will be responsible for all permits requirements are properly addressed as
required for the products of the PE Phase of the Project. The Designer will be responsible for
maintaining the Project design schedule, including the environmental schedule. The Designer
shall keep the Program Manager and the Authority advised as to the status of all tasks so that
potential problems may be identified and resolved.

Design Schedule
• The Design Consultant shall prepare and maintain an accurate Critical Path Method
(CPM) schedule. The schedule shall include the period from the Notice to Proceed (NTP)
through the completion of the scope of work for this project. All major activities as outlined
in the scope of work shall be included in this schedule, including but not limited to reports
and milestone submittals, SJTA reviews and approvals. Schedule shall encompass all
activities relevant to the design progress.
• The Design Consultant shall develop a cost loaded schedule for all design activities and
subtasks.
• The Design Consultant shall develop a resource loaded schedule for all major deliverables
(60%, 90%, 100%, and IFB), at a minimum.
• The Design Consultant shall determine the level of detail required for tasks and subtasks
required to develop a resource loaded schedule and submit to SJTA for approval.

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 • The Design Consultant shall develop a cost loaded schedule for all construction activities
and subtasks.
• The Design Consultant shall submit the design schedule for SJTA’s review and approval
within (15) fifteen business days after Notice To Proceed (NTP). The approved design
schedule shall be used as design schedule baseline for which all progress shall be
referenced against.
• The design schedule shall include the major tasks and deliverables for each major
technical discipline design phase, including activities for each subconsultant and
subcontractor.
• If the Design Consultant decides to request an extension of time due to delays or changes
in work scope, the Design Consultant must notify SJTA in writing within twenty (20)
business days of the delay or change. SJTA shall review the A/E Consultant’s request
and, if appropriate, extend the time of performance. If SJTA determines that the Design
Consultant is not entitled to a time extension, the Design Consultant shall be obligated to
complete the remaining work within the current time of performance.
• If, in SJTA’s sole opinion, the Design Consultant has failed to perform the design tasks in
a timely manner, or, if the Design Consultant’s schedule shows the design effort to be
more than 30 days behind schedule, SJTA may request the Design Consultant to submit
a recovery schedule to show how the Design Consultant plans to complete the project
within the time of performance.

Progress Reports
• The Design Consultant shall submit progress reports for each invoice. The Progress
Reports shall accurately detail the Design Consultant’s (including all subcontractors)
services performed during each monthly period. The Progress Reports shall be
comprehensive, including sub-consultants’ progress. Separate Progress Reports from
sub-consultants shall not be accepted. The Progress Reports shall at least include the
following:
o Detailed description of design progress; by task, discipline, and deliverable.
o Important events and meetings, both past and future with filenames of recorded
meeting minutes.
o Unresolved issues, responsible party, and plan of action to resolve.
o DBE Compliance Information
o Schedule Summary / Update
 The A/E Consultant shall update the schedule to show progress as it
relates to the approved overall design schedule (baseline schedule).
 The A/E Consultant shall prepare a recovery schedule, if required, to
address schedule delays including an outline of proposed corrective action.
o Work accomplished during the month.
o Work anticipated to be completed in the next month.

Meetings and Communication

• The Designer will attend all necessary meetings with the Authority, FAA, Air National
Guard (ANG) and other private and/or public organizations or agencies, as necessary to
effectuate the completion of work items. High level meetings will be attended as required.
Other meetings for the purpose of discussing typical design-related issues are anticipated
to be attended solely by the Designer in consultation with the Authority. The Designer will
prepare all memoranda of meetings attended with copies to the Authority, and others as
appropriate within five (5) working days of the meeting. The Designer will prepare minutes

42
 for other meetings, as appropriate, and maintain records (minutes, action items, etc.) of
all meetings pertaining to Preliminary Engineering phase of the Project.
• The Designer is responsible for the preparation of all necessary displays, exhibits and like
material as needed for the meetings, as appropriate. Monthly Design or Construction
Status Meetings will be held throughout the delivery of this project. The Designer is
required to attend all necessary Project Meetings and will be responsible for preparing
minutes as required by the Authority.
• Information for the design of mitigation measures and the procurement of environmental
permits will be the responsibility of the Designer. The Designer will be the primary contact
with the New Jersey Department of Environmental Protection (NJDEP) and/or Pinelands
Commission, except if the Authority feels it is appropriate to contact the NJDEP and/or
Pinelands Commission directly.
• Project progress meetings shall be arranged on a bi-weekly basis. These meetings shall
review progress according to the design schedule, identify outstanding or potential
problems and proposed solutions, and consider current expenditures versus budget costs.
• The Design Consultant shall receive the SJTA Project Manager’s concurrence with
meetings with proposed third parties prior to contacting those parties but should always
copy the SJTA Project Management staff on communications.
• Meeting Agenda: The Design Consultant is responsible for preparing and distributing the
agenda of all project meetings, workshops and presentations no later than two (2)
business days prior to the meeting. SJTA Project Management staff to be provided with
draft for review prior to distribution.
• Meeting Minutes: The Design Consultant is responsible for preparing and distributing the
minutes of all project meetings, workshops and presentations within five (5) business days
of the meeting. Action items determined at the meetings to be distributed within one (1)
business day to the respective task holder.
• Progress meetings with the SJTA Project Manager and appropriate SJTA personnel shall
be conducted on a bi-weekly basis.

Develop specifications using Advisory Circular 150/5370-10, Standards for Specifying

Construction of Airports, as amended, and utilize standard provisions supplied by the Sponsor.

Develop a safety plan in accordance with AC 150/5370-2, Operational Safety on Airports During
Construction.

Design all improvements in accordance with FAA standards and guidelines and in accordance
with the Airport Certification Manual.

Coordinate the design of the project with existing and ultimate grades established at adjacent
areas.

Solicit Sponsor and FAA review and approval.

The following construction project schedule will be utilized unless otherwise approved by the
Sponsor: Taxiway A South and the Holding Apron portion of the project will be phased to be
constructed on an accelerated basis to be completed within two (2) months of the construction
consultant's notice to proceed or earlier, if possible. During construction, runway 18L/36R will be
always kept in service. The project limits will be defined such that the construction activities will
not impact the operation of the runway as defined by airport and FAA operational criteria.

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Consultants are advised that the Authority’s Engineering Department is currently transitioning to
Aurigo Essentials to manage all planning, design, and construction projects. Successful
respondents will receive training on Aurigo when the Authority’s transition is complete and will be
expected to manage all task assignments through the Aurigo platform.

Consultants are also advised that all project data, submission documents, etc. are to be
coordinated under SJTA’s Sharepoint Fileshare System

2.3 SCOPE OF SERVICES

The scope of services to be performed by the design consultant shall include, but not necessarily
be limited to, the following:

A. Complete all elements of the design not completed during the preliminary engineering
design phase for incorporation into a construction bid package.

B. Project Schedule & Milestones (design consultant to provide reasonably aggressive date)
a. Award at Board: Anticipated September 2024
b. Commission Authorization of Consultant Contract – Date TBD
c. Contract Execution - Date TBD
d. Start Design - Date TBD
e. 60 Percent Design Review - Date TBD
f. 90 Percent Design Review - Date TBD
g. 100 Percent Complete Design, Submit Plans, Specifications and Estimates for
Review - Date TBD
h. Advertise for Bids - Date TBD
i. Open Bids - Date TBD
j. Prepare Award Memo - 4/12/XX

C. SJTA to Provide:
a. 30% Design Submission
i. Basis of Design Report
ii. Basis of Design Report & Appendixes
iii. Drawings
iv. Estimate

D. The Scope of Work involves utilizing the provided Preliminary (30%) Design Documents
and advancing the design towards Issued for Bid (IFB) Submission. The scope of work
involves engineering tasks and development of Construction Documents including but not
limited to the following:

1) Task 1 - Project Management and Administration

2) Task 2 - Quality Assurance/Quality Control (QA/QC)
3) Task 3 - Stakeholder & Third-Party Coordination
4) Task 4 - Permits & Environmental Approvals
5) Task 5 – Access and Utilities
6) Task 6 - Development of Construction Documents
i. Basis of Design Report
ii. Drawings
iii. Technical Specifications

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 iv. Calculations
v. Cost Estimates
vi. Program Schedule (through Construction & Revenue Service Date)
7) Task 7 - Bid Phase Services

Scope of Work Task Breakdown

Task 1 – Project Management & Administration
a. The Design Consultant shall perform project management and administration activities
necessary to successfully complete the scope of work and fulfill SJTA/ACY Airport
requirements.
b. The Design Consultant shall provide administrative project management. The
administration shall include, but is not limited to, the implementation of quality
control/quality assurance design procedures and criteria, the oversight and coordination
of the design team and project elements, monitoring schedules, document control, review
of design deliverable submittals, organizing and conducting progress meetings,
monitoring the progress of work.
c. The Design Consultant shall review and become familiar with the Preliminary (30%)
Design documents which include, but not limited to, the plans and design report.

Task 2 - Quality Assurance/Quality Control (QA/QC)

a. Quality Assurance/Quality Control (QA/QC): The DESIGN Consultant shall be responsible
for the professional quality; the technical accuracy and the coordination of all deliverables
(designs, drawings, specifications, bid and construction related services) to be performed
under this Agreement.
b. The Design Consultant shall provide the highest level of quality control in developing and
administering the Contract Documents.
c. The Design Consultant shall identify and submit qualifications of a responsible and
responsive professional within the DESIGN Consultant’s organization, independent of the
design team, who shall monitor and implement compliance related to quality assurance
and control over all elements of the design development process on a day-to-day basis.

Task 3 – Stakeholder and Third-Party Coordination

a. The Design Consultant shall support SJTA/ACY Airport during the Stakeholder and Third-
Party Coordination Process.
b. The Design Consultant shall prepare renderings to facilitate discussions.
c. The Design Consultant shall prepare Operations and Maintenance (O&M) Manual.
d. The Design Consultant shall support SJTA/ACY Airport in executing critical agreements
to be negotiated and signed by utilities and Developer. as part of the project.
e. The Design Consultant shall meet with representatives of project stakeholders and third-
party agencies.

Task 4 - Permits & Environmental Approvals

a. The Design Consultant shall identify, obtain and keep current any and all licenses, permits,
certificates which may be required by authorities.

45
 b. The Design Consultant shall maintain a complete list of all permits, application
requirements, processing duration and current status.
c. The Design Consultant shall update the complete list of all permits and application
requirements on a monthly basis unless more frequent intervals are required.
d. For each submission, The Design Consultant shall provide list of all permits and
application requirements as part of the deliverable.

Task 5 – Access and Utilities

a. The DESIGN Consultant shall become familiar with the site.
b. Prior to doing any existing condition site work, all personnel who shall have cause to enter
the AOA property must successfully complete the safety training.
c. Site-Specific Work Plan (SSWP): The DESIGN Consultant shall submit site-specific work
plans including computations and a detailed description of proposed methods for
accomplishing the Work, including methods for protecting railroad traffic. Note: approval
of Site-Specific Work Plan (SSWP) shall not relieve DESIGN Consultant of complete
responsibility for the adequacy and safety of operations
d. The DESIGN Consultant shall review and become familiar with subsurface utility
engineering (SUE) data obtained during the 30% Design.
e. Where required, The DESIGN Consultant shall perform subsurface utility engineering
(SUE) of existing aerial, surface and subsurface utilities, where required to establish level
of confidence for location of all utilities.
f. The DESIGN Consultant shall perform SUE as described in American Society of Civil
Engineers (ASCE) C-I 38-02, Standard Guidelines for the Collection and Depiction of
Existing Subsurface Utility Data
g. During the bidding process, the DESIGN Consultant shall advise SJTA/ACY Airport of the
need to perform supplementary Topographical and Field Property Surveys.
h. Verification of all utilities shall be coordinated with the ACY’s Airport Operations and
Security Manager.

Task 6 - Development of Construction Documents.

a. The DESIGN Consultant shall review and become familiar with Preliminary Engineering
Report and 30% Design Plans developed during the 30% Design.
b. The design, in general and as a minimum, shall conform to the requirements of the Basis
of Design Criteria.
c. In addition, the design shall conform to the most recently published criteria and standards
included in the SJTA/ACY Airport Design Criteria and other requirements and regulations
of jurisdictional authorities, including state and local codes/ordinances, FAA regulations,
accessibility guidelines, fire codes, etc.
d. The Design Consultant shall be responsible for the submission of any of its sub-
consultants.
e. The Design Consultant shall prepare and submit construction-phasing plans with each
submittal package, detailing limits of work, work elements and durations, construction
phase information, and to meet other requirements stated in the scope of work for
SJTA/ACY Airport to review.
f. Construction access, including access for material loading and unloading operations and
material storage, shall be developed and maintained, so as to minimize the interference
with Airport’s operations.
g. Construction schedule must also include the inefficiencies and construction black-out
periods from the Airport Operations Area (AOA) stakeholders.

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 h. Construction Staging - The Design Consultant shall prepare and submit construction-
staging plans with each submittal package, identifying recommended areas needed during
construction.
i. Calculations - The Design Consultant shall provide design calculations for each design
element and/or construction package of the project for each deliverable.
j. Calculations shall be recorded neatly and kept in an orderly fashion for easy review and
shall be suitable for a permanent record of the design work. The significant assumptions,
calculations, and conclusions shall be highlighted.
k. All calculations and assumptions or other features that have a significant effect on the
construction time and costs shall be included.
l. The DESIGN Consultant shall provide the original bound copy and (2) two copies of design
calculations within ten (10) business days of SJTA’s/ACY Airport’s request for such
calculations, but in any case, no later than the deliverable dates stated herein.
m. Design calculations shall be updated as appropriate for consistency with any subsequent
design changes or modifications throughout the design phase.
n. Complete a soils investigation, soils report, and recommendations including:
1) Field Exploration.
i. Conduct test pit explorations with a rubber-tired backhoe at various
locations to a maximum depth of 8 feet in the runway, taxiway, and apron
areas. Log and field classify soils and obtain samples for laboratory testing.
2) Laboratory Testing.
i. Perform laboratory index and strength tests as follows:
ii. Compacted CBR test (3 compaction points/test).
iii. Standard Proctor (4 point) compaction tests.
iv. Atterberg limit determinations.
v. Sieve analysis.
vi. Unit weight and water content determinations.
vii. FAA soil classifications for all samples.
o. Complete pavement section alternatives analysis and provide recommendations
including:
1) Conduct an initial cost analysis, life-cycle cost analysis, and analysis of locally
available resources for up to three alternatives.
2) Strategize bidding procedures and pavement section alternatives to provide a
basis for competitive bidding.
p. Complete preliminary plan and profile design for the runway, taxiway, and apron area.
q. Complete preliminary runway lighting, signing, and system circuitry layout.

Task 6.1 - 60% Design Review Submission

a. Submission Requirements: The 60% Design Review Submission shall incorporate the
30% Design Review Submission Comments.
b. The Design Consultant shall submit 30% Design Review Submission Comment
Responses (particularly changes in design direction) to SJTA/ACY Airport for review and
approval.
c. The Design Consultant shall not proceed with the advancement of the 60% Submission
until a written approval from SJTA/ACY Airport is obtained for the 30% Design Review
Submission Comment Responses. This is required as an early action submittal within forty
(40) business days of contract NTP.
d. The Design Consultant shall be required to provide supporting documents (i.e. sketches,
narrative, calculations, renderings, etc.) to facilitate comment responses discussion.

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e. The Design Consultant shall be required to participate in an on-site field design review
with SJTA/ACY Airport Technical Subject Matter Experts (SME) prior to advancement of
60% design.
f. The Design Consultant shall organize on-site field design review.
g. The Design Consultant shall be required to participate in a workshop to discuss lessons
learned on similar SJTA/ACY Airport projects.
h. The Design Consultant shall evaluate local material suppliers, sources, and capabilities.
i. The Design Consultant shall evaluate drainage alternatives.
j. The Design Consultant shall review electrical lighting layouts and determine system
relocation capacities.
k. Drawings at this level should include, at a minimum, the following:
1) Cover Sheet: Index of Drawings shall indicate the complete set of drawings
included in the 60% Design Review Submission. Clearly indicate which drawings
are included and not included within the set.
2) General Notes: Updated and edited for specific project conditions
3) Design Requirements:
i. Power System (Distribution)
ii. General Notes, Abbreviations and Legends
iii. Plans and Profiles
iv. Sectionalizing Plan
v. Foundation Details
vi. Grounding System
vii. Calculations
viii. Duct access points or power feed points
ix. Single Line Diagram
4) Civil – Sitework
i. General Notes, Abbreviations and Legends
ii. Survey Control (benchmark and control points)
iii. Establish permanent control points (monuments) that can be easily
discovered for the project and the least risk for movement
iv. Final baseline alignment (horizontal and vertical) with coordinates and
stationing (tied to monuments).
v. Site Plans with limits of work including demolition and reconstruction
vi. Property, building and contract limit lines
vii. Grading Plans (establish all elevations, datum, monuments)
viii. Confirm Cut and Fill for quantifying earthwork
ix. Erosion and Sediment Control (E&SC) Plans
x. Post Construction Stormwater Management Plans showing stormwater
management facility locations, properties, dimensions, notes etc.
xi. Stormwater calculations
xii. Miscellaneous Structures (retaining walls, fences, etc.)
xiii. Typical Sections
xiv. Typical Details
5) Civil – Utilities
i. General Notes, Abbreviations and Legends
ii. SUE Level B
iii. SUE Level A, where required.
iv. Utility relocation plans (all conflicts identified and relocations proposed)
v. Utility relocation schedule
vi. Utility Plan (domestic water, storm water, sanitary, electric, telecoms, gas,
etc.)

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 vii. Drainage Plans (pipe size, profile and elevations, catch basins)
viii. Typical Sections
ix. Typical Details
6) Updated Engineering Design Report
7) Updated Program & Construction Cost Estimate
8) Updated Construction Schedule
9) The Design Consultant shall upload all electronic files onto the SJTA SharePoint
File share system.
10) The Design Consultant should anticipate a thirty (30) business day review period
for SJTA/ACY Airport at this milestone.
11) The Design Consultant should anticipate a forty-five (45) business day review
period for Stakeholder/3rd Party at this milestone, from the FAA, etc.

Task 6.2 - 90% Design Review Submission

a. Submission Requirements: The 90% Design Review Submission shall incorporate the
60% Design Review Submission Comments. This level of design shall be nearly complete
and without any ambiguities as to the requirements of the project including all details so
that the documentation is sufficiently detailed, coordinated and complete as construction
documents. This level of design shell be sufficient to be submitted for external,
constructability and code reviews, as required.
b. The Design Consultant shall be required to participate in an on-site field design review
with SJTA/ACY Airport Technical Subject Matter Experts (SME) prior to advancement of
90% design.
c. Drawings at this level should include, at a minimum, the same requirements as Task 6.1,
but at a 90% design derivative level.

Task 6.3 - Pre-Final Design Review Submission

a. Submission Requirements: The Pre-Final Design Review Submission shall incorporate
the 90% Design Review Submission Comments.
b. This level of design shall be complete and without any ambiguities as to the requirements
of the project including all details to allow for bidding and construction with minimal need
for any bid or construction addenda.
c. This level of design shall be considered complete and ready for packaging. All construction
documents (drawings, specifications, basis of design report, calculations, cost estimate,
schedule, etc.) should be finished including checking, coordination, QA/QC.
d. No changes are anticipated at this level of design except for changes in responses to
SJTA/ACY Airport Pre-Final Design Review Submission Comments.
e. The A/E Consultant shall provide originals of all approvals required from regulatory
authorities, agencies and jurisdictions.
f. Updated Drawings
g. Updated Specifications
h. Updated Basis of Design Report
i. Updated Program & Construction Cost Estimate
j. Updated Program & Construction Schedule
k. The Design Consultant shall upload all electronic files onto SJTA’s SharePoint File Share
Site.
l. The Design Consultant should anticipate a twenty (20) business day period for SJTA/ACY
Airport at this milestone.

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 m. The Design Consultant should anticipate a twenty (20) business day review period for
Stakeholder/3rd Party at this milestone from FAA, etc.

Task 6.4 - Issued for Bid (IFB) Submission

a. Submission Requirements: This is the set of Bid Documents to be issued for Bid and
Construction. The IFB submission documents shall incorporate the Pre-Final Design
Review Submission Comments and shall provide adequate information to bid and
construct the project. The IFB submission documents shall include all of the documents
provided in the Pre-Final Design Review Submission as well any other documents that
may be required for a complete bid and construction set. In addition, the Issued for Bid
(IFB) Submission shall include the following requirements:
b. Drawings:
1) Two (2) full-size set of drawings marked “Issued for Bid”, signed and sealed by a
Professional Engineer licensed to practice in the State of New Jersey.
2) Two (2) half-size set of drawings marked “Issued for Bid”, signed and sealed by a
Professional Engineer licensed to practice in the State of New Jersey.
3) One (1) thumb drive or any electronic media acceptable to SJTA/ACY Airport,
containing electronic files (PDF, DWG, DGN, etc.) of all drawings.
c. Specifications
1) One (1) complete set of specifications signed and sealed by a Professional
Engineer licensed to practice in the State of New Jersey. Specifications shall be
printed double-sided on 8 ½” x 11” white paper. A cover sheet and Table of
Contents shall be included. All sections shall begin on the front side of the page
with blank sheets inserted at the end of odd-paged sections.
2) One (1) thumb drive or any electronic media acceptable to SJTA/ACY Airport,
containing electronic files (PDF, DOC, etc.) of all specifications.
3) Final Engineering Report
i. One (1) complete set of Basis of Design Report. Basis of Design Report
shall be printed double-sided on 8 ½” x 11” white paper. A cover sheet and
Table of Contents shall be included. All sections shall begin on the front
side of the page with blank sheets inserted at the end of odd-paged
sections.
ii. One (1) thumb drive or any electronic media acceptable to SJTA/ACY
Airport, containing electronic files (PDF, DOC, etc.) of Basis of Design
Report.
d. Construction Cost Estimate
1) One (1) complete set of Construction Cost Estimate. Construction Cost Estimate
shall be printed single-sided on 8 ½” x 11” or 11” x 17” white paper. A cover sheet
and Table of Contents shall be included.
2) One (1) complete set of Basis of Cost Estimate. Basis of Cost Estimate shall be
printed double-sided on 8 ½” x 11” white paper. A cover sheet and Table of
Contents shall be included.
3) One (1) thumb drive or any electronic media acceptable to SJTA, containing
electronic files (PDF, XLS, etc.) of Construction Cost Estimate and Basis of Cost
Estimate.
e. Construction Schedule
1) One (1) complete set of Construction Schedule. Construction Schedule shall be
printed single-sided on 11” x 17” white paper. A cover sheet and Table of Contents
shall be included in the Construction Schedule.

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 2) One (1) complete set of Basis of Schedule. Basis of Schedule shall be printed
double-sided on 8 ½” x 11” white paper. A cover sheet and Table of Contents shall
be included for Basis of Schedule.
3) One (1) thumb drive or any electronic media acceptable to SJTA, containing
electronic files (PDF, XER, etc.) of Construction Schedule and Basis of Schedule.
f. Calculations
1) One (1) complete set of Design Calculations signed and sealed by a Professional
Engineer licensed to practice in the State of New Jersey. Design Calculations shall
be printed double-sided on 8 ½” x 11” white paper. A cover sheet and Table of
Contents shall be included for Design Calculations.
2) One (1) thumb drive or any electronic media acceptable to SJTA, containing
electronic files (PDF, XER, etc.) of Design Calculations.
g. Construction Submittal List:
1) The Design Consultant shall submit a summary of all Action and Information
Construction Submittals (Shop Drawings, Product Data Submittals, Certification,
etc.)
h. The Design Consultant shall upload all electronic files onto SJTA’s SharePoint File Share
site.

Task 7 - Bid Phase Services

a. The Design Consultant shall provide the following technical support services during the
bid phase of the project.
b. The Design Consultant shall sign a Non-Disclosure Agreement with SJTA.
c. The Design Consultant shall send one (1) representative to attend one (1) Pre-Bid Meeting
and one (1) Pre-Bid Site Visit.
d. The Design Consultant shall assist SJTA in responding to bidders’ questions during the
bidding period. All technical questions shall be submitted in writing.
e. The Design Consultant shall assist SJTA in developing Bid Document Addenda in the
form of revised drawings, sketches and amended. The Design Consultant is to support
SJTA through numerous Addenda as required by the Procurement phase.
f. The Design Consultant shall assist SJTA in the evaluations of bids/proposals. Solicit and
review bonds, insurance certificates, construction schedules, etc.
g. Upon award of the Construction Contract, the Design Consultant shall prepare and submit
a conformed set of Drawings and Specifications.
a. The conformed set of Drawings and Specifications shall be submitted to SJTA
within ten (10) business days after award of the Construction Contract.
b. SJTA may request the Design Consultant to address any comments and
incorporate any changes received from Construction Contractor (after review).

The Consultant agrees that work undertaken, where applicable, will conform, as a minimum, to
the current engineering standards and principles used and adopted by the Federal Aviation
Administration, New Jersey Department of Transportation, USDOT, and AASHTO or IBC.

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3.0 REQUIRED COMPONENTS OF THE PROPOSAL
Proposals must respond to each of the following requests in the order indicated.

3.1 EXPERIENCE OF FIRM

SJTA will evaluate the firm’s experience to determine whether the organization contains
sufficient expertise to carry out the duties of a AEC. Proposers shall:
• Describe, in detail, the level of services available from the firm
• Provide qualifications for the firm and any sub consultants identified
• Identify client references
• Identify areas of special expertise
• Demonstrate the firm’s experience with FAA, NJDOT and AASHTO design standards
and operations and maintenance of airport facilities.

3.2 EXPERIENCE OF THE PROJECT MANAGER / RESIDENT ENGINEER

SJTA will evaluate whether the proposed Project Manager is sufficiently experienced to perform
the work required. Proposers shall:
• Identify the Project Manager to be assigned to this project.
• Provide a one-page resume for the Project Manager illustrating overall experience and
their areas of expertise.
• Describe the relevant experience of the Project Manager and their familiarity with Airport
design, construction, operations, and NJDOT design standards and specifications.
• Describe any relevant experience or expertise with FAA circulars or Airport standards.
• Describe the Project Manager’s role and how they will perform tasks at high level of quality.
• Provide a summary of the Project Manager’s present commitments to other clients and
the time planned to be dedicated for this assignment. Substitution of the Project Manager
as presented in the proposal will not be permitted without prior written approval from the
SJTA.

3.3 KEY PERSONNEL Qualifications and Experience

SJTA will evaluate whether key personnel assigned to projects are sufficiently experienced to
perform the work required. Proposers shall:
• Identify key staff who would be assigned to projects and describe their role on the project
• Provide a one-page resume for each of the key staff illustrating overall experience in their
areas of expertise
• Describe the relevant experience of these key staff and their familiarity with toll road
design, construction, operations, and NJDOT design standards and specifications.
• Provide a summary of the total personnel resources in their firm and any proposed
subcontracting firms. This summary shall indicate any present commitments of various
personnel to other clients. Substitutions in key personnel as presented in the proposal
will not be permitted without prior written approval from the SJTA.

3.4 UNDERSTANDING OF THE PROJECT

SJTA will evaluate the firm’s understanding of their role as a Airport Engineering Consultant.
Proposers shall:
• Describe how the firm envisions their role as a Airport Engineering Consultant.
• Demonstrate an understanding of the key issues and agencies involved in carrying out
various projects.
• Describe any other unique situations that your firm will be prepared to manage and
address.

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3.5 TECHNICAL APPROACH
SJTA will evaluate the technical merits of the proposal based on completeness, interrelationships
of work elements, identification of key issues and understanding of the role of a Design
Consultant. Proposers shall:
• Describe how the firm plans to utilize their staff and expertise in carrying out their role as
an Airport Engineering Consultant.
• Propose a project management strategy, including utilization of dedicated staff
• Describe, in detail, how each technical area will be covered
• The Firm shall provide an explanation of the anticipated project schedule and demonstrate
that the Firm can commit the required staff resources and management to perform the
assignment.
• A listing of the Firm’s facilities, including the address of the office where the project will be
performed, and how they relate to the Firm’s ability to provide the requested services shall
be provided.
• The Firm shall provide a written narrative that describes the Firm’s quality assurance
policy and how it intends to implement a quality assurance program specifically for this
assignment.
• The Firm shall identify credentialed QA/QC staff and the roles and working relationship
with other staff members as part of the design process or construction phase.
• Describe the firms approach to coordination of work and schedules with the Contractor,
Integrator and AET Program Manager.

3.6 SMALL BUSINESS/DBE PARTICIPATION

See Section 1.8 EQUAL OPPORTUNITY REQUIREMENTS. Additionally:

The Owner’s award of this contract is conditioned upon Bidder or Offeror satisfying the good faith
effort requirements of 49 CFR § 26.53.

As a condition of responsiveness, the Bidder or Offeror must submit the following information with
its proposal on the forms provided herein:

1) The names and addresses of Disadvantaged Business Enterprise (DBE) firms that will
participate in the contract;
2) A description of the work that each DBE firm will perform;
3) The dollar amount of the participation of each DBE firm listed under (1);
4) Written statement from Bidder or Offeror that attests their commitment to use the DBE
firm(s) listed under (1) to meet the Owner’s project goal
5) Written confirmation from each listed DBE firm that it is participating in the contract in the
kind and amount of work provided in the prime contractor's commitment; and
6) If Bidder or Offeror cannot meet the advertised project DBE goal, evidence of good faith
efforts undertaken by the Bidder or Offeror as described in appendix A to 49 CFR part 26.
The documentation of good faith efforts must include copies of each DBE and non-DBE
subcontractor quote submitted to the bidder when a non-DBE subcontractor was selected
over a DBE for work on the contract.

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4.0 CONSULTANT SELECTION

4.1 EVALUATION PROCESS AND CRITERIA

All proposals will be reviewed to determine responsiveness. The SJTA may reject non-responsive
proposals without evaluation but may waive minor non-compliance.

A selection committee consisting of various SJTA Departments will evaluate each proposal. The
information provided by the firms will be evaluated based on, but not limited to, the criteria listed
below. These criteria categories, separate or combined in some manner, and not necessarily
listed in order of significance, will be used to rank proposals received in response to this RFP.

3.1 Experience of Firm 15%

3.2 Experience of the Project Manager 20%
3.3 Key Personnel 15%
3.4 Understanding of the Project 20%
3.5 Technical Approach 20%
3.6 Small Business Participation 10%

The highest-ranking firms may be invited to an interview to present relevant details of their
proposals and introduce key staff. Interviews will be scheduled to allow each Proposer time to
set-up, present for 30-45 minutes on the qualifications of the consulting firm, with a fifteen-minute
question and answer session to follow. Attendance by principals, account executives and project
engineers is recommended.

5.0 COST PROPOSAL

The Authority will request a Cost Proposal from the highest ranked firm following rankings by the
Authority’s Consultant Selection Committee. The Cost Proposal will be due within 14 days of
being requested.

The Cost Proposal shall be submitted as a cost-plus fee with a not to exceed amount, based on
reimbursement of direct professional and technical salaries, except Corporate Officers, Partners,
Owners and routine secretarial and clerical services, based on a 10% allowance for profit and an
overhead rate of 154.5% or, the individual firm’s overhead rate as determined by Federal
Acquisition Regulation (FAR) procedures, whichever is less plus direct expenses and
subconsultant services, at cost. The overhead cost and profit shall not be applied to the premium
portion of overtime. No expenses or costs shall be billed unless specifically included in a Task
Order Proposal. Subconsultant compensation shall be subject to the same requirements as the
prime. The FAR overhead rate shall be provided for the prime consultant as well as all sub-
consultants. The Authority may accept a reasonably calculated non-FAR overhead rate for
certain SBE/DBE sub-consultant firms as the Authority’s sole discretion; however, SBE/DBE firms
will be held to the same 154.5% overhead rate cap.

The Cost Proposal when requested, shall detail time (hours) and direct salary data for
classifications conforming to ASCE Professional and Technical Grades and as modified by the
Consultant to account for all required services.

Salaries shall be charged at the Consultant’s hourly salaried rates. The Consultant is responsible
for managing the assignment, adhering to the number of hours, salary rates and personnel, as
presented in the Cost Proposal. Individual standard and overtime rates must be approved by the
Authority’s Chief Engineer or the Chief Engineer’s designated representative prior to

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commencement of work or whenever the Consultant proposes that an individual’s rate be
changed during the term of the contract, provided such change is reflected in the Cost Proposal.
Except for overtime worked on construction supervision during permissible contract working
hours, approval of overtime must be issued by the Authority.

Direct expenses include but are not limited to approved subconsultant services, mileage and
printing. Printing costs are only considered to be direct expenses if said printing costs are for
deliverable documents. Deliverable documents include plans; specifications; reports; bid
documents; and other submission documents to the Authority or to an outside agency on the
Authority’s behalf; including those items necessary for meetings with Authority or with outside
agencies/entities on the Authority’s behalf. Routine copying and printing for use internal to the
consultant or between consultant and subconsultant is not considered a direct expense but rather
part of the consultant’s (sub-consultant’s) overhead. Reimbursement for such costs will not be
considered.

Mileage will be paid at the prevailing rate of the Authority (currently $0.47/mile) or the Consultant,
whichever is lower. Mileage and tolls will be reimbursed for round trip travel from the Consultant’s
office located closest to the job site. To and from travel locations must be pre-approved by the
Authority’s Chief Engineer or the Chief Engineer’s designated representative prior to
commencement of travel. All other travel reimbursements including but not limited to, air and/or
train fare, hotel accommodations, meals, etc., must be in accordance with the State of New Jersey
Department of Treasury Travel Regulations Circulars for SJTA funded projects:

https://www.nj.gov/infobank/circular/

For Federal Per Diem Rates on federally funded projects refer to:

https://www.gsa.gov/travel/plan-book/per-diem-rates

All reimbursements are subject to pre-approval by the Authority’s Chief Engineer or the Chief
Engineer’s designated representative. Reimbursement requests shall be submitted on the
Authority’s Expense and Mileage Form (included herein as part of Attachment 1).

Subconsultant services are those required services performed by other firms at the Consultant’s
direction. These services must be approved in advance by the Authority.

If cost of living or merit increases are anticipated during the duration of the Task Order, the rates
shall be increased accordingly with the percent increase referenced on the Authority’s Fee
Breakdown and Labor Form. If this information is not provided, wage rate increases for cost of
living or merit will not be approved.

It is the Authority’s intent that the successful proposer be awarded a contract for the services
described herein. It is further the intent that prior to construction the Authority and Consultant will
negotiate a second contract for Construction Administration Services so that the consultant will
be available for normal activities of the Design Engineer during construction of the project(s).

It is further the Authority’s intent that Construction Management and Inspection Services will
subject to a future Request for Proposals (RFP) for those services. The Design Engineer will be
precluded from being awarded a contract under the future RFP.

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6.0 FORM OF CONTRACT
The contract to be entered into for this assignment will be essentially similar to the Consultant
Services Agreement attached to this RFP. Any revisions will be made solely at the discretion of
the SJTA. The term of the project is expected to take two (2) years.

Proposer shall review the Consultant Services Agreement and state any objection to any element
of the agreement with their Proposal.

Proposer shall further review the federal provision attached to the Consultant Services
Agreement. The provisions apply to any consultant that may be assigned any project funded by
the FAA.

7.0 QUALIFICATIONS
Proof that the proposer is permitted by law to provide the requested services in the State of New
Jersey shall be provided. Such documentation may, for example, be a Certificate of Authorization
or a current license, as appropriate.

The proposer shall file, or shall have filed, a current statement of qualification and supporting data,
i.e., a notice of consultant prequalification issued by the State of New Jersey Department of
Treasury, Division of Property Management and Construction (“DPMC”), New Jersey Department
of Transportation (“NJDOT”) or New Jersey Turnpike Authority (“NJTA”). Please note that your
qualifications cannot be in the application stages or pending. They must be in place and active
at the time of submission of your proposal.

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