bidder information - passaiccountynj.org · web viewthe statement of corporate ownership enclosed...

REQUEST FOR PROPOSAL – COMPETTITIVE CONTRACTING

for the

PATERSON-NEWARK TRANSIT MARKET STUDY

RFP-19-013

2019

PASSAIC COUNTY BOARD OF CHOSEN FREEHOLDERS

John Bartlett, Director Cassandra “Sandi” Lazzara, Deputy Director

Bruce JamesPat Lepore

Terry DuffyTheodore “TJ” Best

Assad Akhter

Michael Marinello, QPA, CCPO Purchasing Agent County of Passaic

Passaic County Procurement Center 495 River Street

Paterson, New Jersey 07505Phone: (973) 247-3300Fax: (973) 742-8295

COUNTY OF PASSAIC PATERSON-NEWARK TRANSIT MARKET STUDYPASSAIC COUNTY BOARD OF CHOSEN FREEHOLDERS PROJECT NO. RFP-19-013

Table of ContentsI. Bidder Information.........................................................................................................................1II. Bid Document Checklist.................................................................................................................2III. Notice to Bidders/Legal Notice......................................................................................................3IV. Definitions......................................................................................................................................4V. Procedures for Submitting a Bid.....................................................................................................4VI. New Jersey Business Registration Certificate.................................................................................5VII. Prevailing Wage Rates....................................................................................................................6VIII. Discrimination in Employment on Public Projects.........................................................................6IX. Equal Opportunity for Individuals with Disabilities.......................................................................8X. American Goods and Products to be used where possible..............................................................8XI. Insurance Requirements of the Contractor......................................................................................8XII. State and Federal Taxes..................................................................................................................9XIII. Anti-Kickback Act..........................................................................................................................9XIV. Pay to Play Information..................................................................................................................9XV. Competitive Contracting.................................................................................................................9XVI. Award and Execution of Contract.................................................................................................10XVII. Payment........................................................................................................................................11XVIII. Federally-Funded Requirements...................................................................................................11XIX. Dispute Resolution.......................................................................................................................11XX. Liquidated Damages.....................................................................................................................11XXI. Termination for Cause..................................................................................................................11XXII. Requests for Information..............................................................................................................11ACKNOWLEDGEMENT OF RECEIPT OF ADDENDA........................................................................24STATEMENT OF CORPORATE OWNERSHIP.....................................................................................25NON-COLLUSION AFFIDAVIT.............................................................................................................27STANDARD QUESTIONNAIRE............................................................................................................28DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN....................................................................29


I. Introduction

As authorized by Resolution No. R20180864 passed by the Passaic County Board of Chosen Freeholders, the County of Passaic is seeking proposals for the Paterson-Newark Transit Market Study in compliance with N.J.S.A. 40A:11-4.1(m) . The Study is analyzing the feasibility and scope of improving transit service between the City of Paterson and City of Newark along the Newark Industrial Track through the implementation of bus rapid transit or light rail, beginning at or near the Paterson Great Falls National Historical Park and terminating at the Newark Broad Street Station.

The Project shall be bid and awarded in compliance with N.J.S.A. 40A:11-4.5(e). An award shall be made in compliance with the law to the respondent with the highest evaluation score determined by technical, management, and cost related criteria, as outlined herein, and approved by the Passaic County Board of Chosen Freeholders. The bid award and agreement of construction shall be between the County of Passaic and the successful Respondent.

Due to the participation of federal funding through North jersey Transportation Planning Authority (NJTPA) FY 2019-2020 Subregional Study Grant Program, the contract, if awarded, is subject to federal, state, and local laws, rules, and regulations. Pursuant to 2 CFR Chapter I and Chapter ii, Part 200, et al. Office of Management and Budget (OMB), the consultant for this study shall comply with federal procurement guidelines and cost principles.

I. Bidder Information

Name of Bidder (Please Print):

Contract Period: Three Hundred Sixty Five (365)

The Passaic County Board of Chosen Freeholders is inviting qualified vendors to submit bid proposals for the following project:

PATERSON-NEWARK TRANSIT MARKET STUDYProject No. RFP-19-013

Receipt of Bids:

This bid is to be received by no later than Friday April 19, 2019 at 10:30 am in the Passaic County Procurement Center, located at 495 River Street, Paterson, New Jersey 07542. No bid proposal shall be received in person or by mail after the hour designated herein.

The Bid Document Checklist included on the next page is provided for the convenience of bidders to ensure compliance with all applicable laws and that all required documentation is submitted. Failure to submit required documentation under N.J.S.A. 40A:11-1, et seq. is cause for rejection of a bidder’s proposal.

Bidders who do not utilize the enclosed County of Passaic (hereafter “County”) Bid Document Return Envelope must clearly identify their bid, including but not limited to the bid name and bid opening date on their common carrier or company mailing envelope.


II. Bid Document Checklist

Document Description Authority Initial Acknowledgment of Receipt of Addenda N.J.S.A. 40A:11-23.2 (e)Statement of Corporate Ownership N.J.S.A. 52:25-24.2Non-Collusion Affidavit N.J.S.A. 52:34-15Standard Questionnaire N.J.S.A. 40A:11-26 Disclosure of Investment Activities in Iran P.L. 2012, c. 25Business Registration Certificate N.J.S.A. 52:32-44

Name of Bidder (Please Print): ______

Signature of Authorized Representative:

Name (Please Print):

Title (Please Print): Date:

*All documents required for the bid submission and prior to the execution of Agreement to the successful bidder as determined by the criteria set forth herein are appended hereto and labeled accordingly. If any of the documents stated herein are missing, please contact the Passaic County Purchasing Agent immediately.

NOTE: Bid document return envelopes must clearly identify the bid name, bid number, and bid opening date on the exterior of the common carrier or company mailing envelope.

of 29


III. Notice to Bidders/Legal Notice

Notice is hereby given that sealed proposals will be received on Friday April 19, 2019 at 10: 30 am by the Passaic County Board of Chosen Freeholders for the Paterson-Newark Transit Market Study, Project No. RFP-19-013, at the following location:

Passaic County Purchasing DivisionPassaic County Procurement Center

495 River Street, 2nd Floor Paterson, New Jersey 07524

Proposals, plans, and specifications (hereafter “Bid Documents”) may be obtained from the Passaic County Procurement Center during regular business hours between 8:30 AM and 4:30 PM or can be downloaded at www.passaiccountynj.org. If you experience difficulty downloading Bid Documents, please email [email protected] [email protected]. A pre-proposal meeting is being held on Friday April 5, 2019 at 10:30 AM at the Passaic County Procurement Center. All interested respondents are strong encouraged to attend.

Bid proposals must be submitted on the forms supplied by the County. A bidder must submit one (1) original, two (2) copies, and one (1) compact disc or USB flash drive. Bid Documents will not be mailed. However, if exigent circumstances exist, accommodations to overnight Bid Documents may be entertained at the bidder’s cost.

The work on the Project includes furnishing of all labor, materials, and equipment necessary or required to complete the tasks set forth in the Project specifications and as shown on the construction plans. The principal items of work to be constructed, along with approximate quantities, are as follows:

Respondents must submit bid proposals by no later than Friday April 19, 2019. 10:30 am The County is not responsible for bids delivered or otherwise not arriving on time. The County reserve the right under N.J.S.A. 40A:11-13.2 to reject bids for the reasons stated therein.

Respondents are required to comply with N.J.S.A. 10:5-31, et seq., P.L. 1975, c. 127, N.J.A.C. 17:27-5.2, and all other applicable laws, regulations, or ordinances concerning affirmative action goals and equal employment opportunity.

Pursuant to N.J.S.A. 40A:11-24, the Passaic County Board of Chosen Freeholders reserve the right to consider the bid proposals for sixty (60) days after the receipt thereof. Moreover, the Board reserves the right to reject any and all proposals in accordance with N.J.S.A. 40A:11-13.2, and waive minor informalities not considered material defects under N.J.S.A. 40A:11-1, et seq.

Michael Marinello, QPA, CCPO County of PassaicPurchasing Division Phone: (973) 247-3300Email: [email protected]

of 29

mailto:[email protected]


http://www.passaiccountynj.org/


IV. Definitions

As used herein the following words have the following definitions, unless the context indicates otherwise:

a. “Affiliate” means any entity that: (1) directly, indirectly, or constructively controls another entity; (2) is directly, indirectly, or constructively controlled by another entity; or (3) is subject to the control of a common entity if it owns, directly or individually, more than fifty percent (50%) in the entity.

b. “Agreement” means the final contract awarded to the successful bidder as approved by the Passaic County Board of Chosen Freeholders.

c. “Bid” means the submission by the respondent for the work as outlined herein for the Paterson-Newark Transit Market Study.

d. “Bidder” means the respondent contractor submitting a proposal for the construction project as set forth herein.

e. “Bid Documents” means any of the proposals, plans, and specifications as set forth herein for the completion of the Paterson-Newark Transit Market Study.

f. “Bid Opening” shall mean the time as designated herein when bids are due and shall be unsealed as set forth herein and in accordance with applicable law.

g. “Board” means the Passaic County Board of Chosen Freeholders.h. “Committee” means the County personnel designated pursuant to N.J.A.C. 5:34-4.3 to evaluate proposals

to determine the most advantageous to the County. i. “Contract” means any agreement, including but not limited to a purchase order or a formal agreement,

which is a legally binding relationship enforceable by law, between a respondent who agrees to perform the work as outlined herein, as defined by and subject to the terms of the bid documents, plans, and specifications set forth herein.

j. “Contracting Unit” shall mean the County of Passaic. k. “County” means the County of Passaic.l. “NJDOT” means the New Jersey Department of Transportation. m. “NJT” means New Jersey Transit. n. “NJTPA” means the North Jersey Transportation Planning Authority. o. “Purchase Order” means a document issued by the contracting agent authorizing a purchase transaction

with a vendor to provide or perform goods or services to the contracting unit, which, when fulfilled in accordance with the terms and conditions of a request of a contracting agent and other provisions and procedures that may be established by the contracting unit, will result in payment by the contracting unit.

p. “PANYNJ” means the Port Authority of New York and New Jersey. q. “Proposal” means the documents required herein submitted by a Respondent. r. “Purchasing Agent” means the Passaic County Purchasing Agent. s. “Respondent” means the contractor submitting a proposal for the Study as set forth herein. t. “ROW” means right of way. u. “Study” means the Paterson-Newark Transit Market Study. v. “Study Area” means the area as set forth in Chapter XXI. w. “Subcontractor” means any business organization that knowingly provides goods or services directly to a

contractor or subcontractor in fulfillment of the Project issued by the County, where the value of goods exceeds the bid threshold as set by applicable law.

x. “TAC” means Technical Advisory Committee. y. “USDOT” means the United States Department of Transportation.

V. Procedures for Submitting a Bid

Respondent shall submit a bid for the Study either in person prior to the hour designated herein via regular mail, overnight delivery, or hand delivery to the following address:

County of Passaic – Division of PurchasingPassaic County Procurement Center 495 River Street, 2nd Floor Paterson, New Jersey 07505

of 29


Bids delivered by regular mail, overnight delivery, or hand delivered prior to the date and time as set forth herein shall be inserted in a sealed envelope provided by the County. The name and address of the bidder is to be written on the outside of the envelope.

Any bidder who has mailed, overnight delivered, or hand delivered a bid to the County of Passaic Division of Purchasing may attend the bid opening for the reading of bids. However, the County are not responsible for any bid that is not received at the time of the bid opening.

Bidders must submit all required documentation as stated herein, including all of the items listed on the Bid Document Checklist. Please take note of the following:

1. A respondent’s bid proposal shall not be considered responsive if submitted with any qualifying conditions or provisions.

2. The Statement of Corporate Ownership enclosed hereto and required under N.J.S.A. 52:25-24.2 must set forth the names and addresses of all stockholders in the corporation who own ten percent (10%) or more of its stock of any class, or any individual partners in a partnership who own a ten percent (10%) or greater interest therein.

3. The Non-Collusion Affidavit required under N.J.S.A. 52:34-15 must be signed and notarized.

4. If any discrepancies or omissions appear in the Bid Documents, the bidder shall notify the Purchasing Agent in writing of any such discrepancy or omission.

VI. New Jersey Business Registration Certificate

Prior to the award of contract, the Contractor shall provide a Business Registration Certificate (hereafter “BRC”) pursuant to N.J.S.A. 52:32-44. A Business Registration Certificate is required for all contractors and any subcontractors performing work on the Project. Under N.J.S.A. 52:32-44, the following requirements are imposed on contractors or subcontractors that knowingly provide goods or perform services for a contractor fulfilling the services required herein:

1. The contractor shall obtain and provide the owner the BRC of subcontractors knowingly used on this Project.

2. The contractor shall maintain and submit to the County a list of subcontractor’s and their addresses that may be updated from time to time during the course of the contract performance. A complete and accurate list shall be submitted before final payment is made for goods and services rendered under the contract.

3. During the term of this contract, the contractor and its affiliates shall collect and remit, and shall notify all subcontractors and their affiliates that they must collect and remit to the Director, New Jersey Division of Taxation, the use tax due pursuant to the N.J.S.A. 54:32B-1 et seq. on all taxable sales of tangible personal property delivered into the State.

Failure to submit the BRC with the bid is not a cause for rejection. However, the County prefers the BRC be submitted with the bid response. If it is not provided prior to execution of a contract the bidder’s bid guarantee shall be forfeited and the contract shall be awarded to the next lowest responsible bidder.

A contractor, subcontractor or supplier who fails to provide proof of business registration or provides false business registration information shall be liable to a penalty of twenty five dollars ($25.00) for each day of violation, not to exceed fifty thousand dollars ($50,000), for each BRC not properly provided or maintained under a contract with the County.

A BRC is obtained from the New Jersey Division of Revenue and Enterprise Services.Information on obtaining a BRC is available by visiting www.nj.gov/treasury/revenue/busregcert.shtml or by phone at (609) 292-2929.

of 29

http://www.nj.gov/treasury/revenue/busregcert.shtml


VII. Prevailing Wage Rates

The terms and conditions as set forth in the New Jersey Prevailing Wage Act, N.J.S.A. 34:11-1, et seq. are hereby made part of every contract entered into by the County of Passaic, except those contracts which are not in contemplation of N.J.S.A. 34:11-1, et seq. The bidder’s signature on the bid proposal is a guarantee that neither the bidder, nor any subcontractors listed in the bid proposal, might employ to perform work as set forth in the Bid Documents are on record with the New Jersey Department of Labor and Workforce Development as an entity who has failed to pay prevailing wages in accordance with N.J.S.A. 34:11-1, et seq.

Pursuant to N.J.A.C. 12:60-5.1(c), all contractors and subcontractors are required to submit to the County a certified payroll record to the Passaic County Counsel’s Office, at the following address:

Passaic County CounselCounty of Passaic401 Grand Street, Room 214Paterson, New Jersey, 07505

Such record shall be submitted each payroll period within ten (10) days of the payment of wages. The County shall receive, file, and make available for inspection at its normal place of business and during normal business hours the certified payroll records.

All contractors are required to comply with N.J.S.A. 34:11-56.25, et seq., including but not limited to the prevailing wage determination made by the New Jersey Commissioner of the Department of Labor and Workforce Development. In accordance with N.J.S.A. 34:11-56.27, if an employer pays an employee less than prevailing wage as outlined herein, the County may terminate the contract. All payments for work performed will be made by the County in compliance with N.J.S.A. 2A:30-1, et seq.

VIII. Discrimination in Employment on Public Projects

The terms and conditions as set forth in the New Jersey Civil Rights Act, N.J.S.A. 10:1, et seq. are hereby made part of every contract entered into by the County of Passaic. Pursuant to N.J.S.A. 10:1, et seq., the bidder agrees to the following conditions:

1. In the hiring of persons for the performance of work under this contract or any subcontract hereunder, or for the procurement, manufacture, assembling or furnishing of any such materials, equipment, supplies or services to be acquired under this contract, no contractor, nor any person acting on behalf of such contractor or subcontractor, shall, by reason of race, creed, color, national origin, ancestry, marital status, gender identity or expression, affectional or sexual orientation or sex, discriminate against any person who is qualified and available to perform the work to which the employment relates;

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

3. There may be deducted from the amount payable to the contractor by the contracting public agency, under this contract, a penalty of fifty dollars ($50.00) for each person for each calendar day during which such person is discriminated against or intimidated in violation of the provisions of the contract; and

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

Pursuant to N.J.S.A. 10:5-32, no contract be awarded by the County, nor shall any moneys be paid thereunder to any contractor, subcontractor or business firm which has not agreed and guaranteed to afford equal opportunity in

of 29

COUNTY OF PASSAIC PATERSON-NEWARK TRANSIT MARKET STUDYPASSAIC COUNTY BOARD OF CHOSEN FREEHOLDERS PROJECT NO. RFP-19-013 performance of the contract and, except with respect to affectional or sexual orientation, and gender identity or expression, in accordance with an affirmative action program approved by the New Jersey State Treasurer.

Bidders are required to comply with the requirements of P.L.1975, c.127. The terms and conditions as set forth in N.J.S.A. 10:5-33 are hereby made a part of every contract entered into by the County of Passaic, specifically, that, during the performance of the contract, the contractor agrees as follows:

1. The contractor or subcontractor, where applicable, will not discriminate against any employee or applicant for employment because of age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Except with respect to affectional or sexual orientation and gender identity or expression, the contractor will take affirmative action to ensure that such applicants are recruited and employed, and that employees are treated during employment, without regard to their age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause;

2. The contractor or subcontractor, where applicable will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex; and

3. The contractor or subcontractor where applicable, will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers’ representative of the contractor’s commitments under this act and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

Pursuant to N.J.S.A. 10:5-34, each prospective bidder is required to submit an Affirmative Action Plan to the New Jersey State Treasurer, as set forth in the law:

Each prospective bidder on a contract or contracts and each subcontract bidder to a prime contract bidder shall formulate and submit to the State Treasurer his or its affirmative action program of equal opportunity whereby he or it guarantees minorities employment in all employment categories; the submission shall be accompanied by a fee in an amount to be fixed by the State Treasurer. For the purposes of this section, equal employment opportunity but not affirmative action is required with respect to persons identified solely by their affectional or sexual orientation and gender identity or expression. The State Treasurer shall notify the bidder of approval or disapproval of his or its program within 60 days of its submission; failure of the State Treasurer to so act within 60 days shall constitute approval of the program. Any existing federally approved or sanctioned affirmative action program shall be approved by the State Treasurer.

No subcontract bidder who has less than five employees need comply with the provisions of this section.

The contractor and its subcontractor shall furnish such reports or other documents to the Division of Contract Compliance & EEO as may be requested by the Division from time to time in order to carry out the purposes of these regulations, and public agencies shall furnish such information as may be requested by the Division of Contract Compliance & EEO for conducting a compliance investigation pursuant to Su b c ha p t er 10 of t h e A d mi n i s t r a t i v e C od e a t N .J. A . C .1 7 : 2 7.

IX. Equal Opportunity for Individuals with Disabilities

All bidders expressly agree to comply with the provisions of the American with Disabilities Act of 1990, 1990 Enacted S. 933, 101 Enacted S. 933, 104 Stat. 327, 101 P.L. 336, 1990 Enacted S. 933, 101 Enacted S. 933, and any

of 29

COUNTY OF PASSAIC PATERSON-NEWARK TRANSIT MARKET STUDYPASSAIC COUNTY BOARD OF CHOSEN FREEHOLDERS PROJECT NO. RFP-19-013 amendments thereto, that established a clear and comprehensive prohibition of discrimination on the basis of disability. The rules and regulations promulgated under the American with Disabilities Act of 1990, and any amendments thereto, are hereby made a part of every contract entered into by the County of Passaic with the lowest responsible bidder.

In the event that the contractor, its agents, servants, employees, or subcontractors violate or are alleged to have violated the Americans with Disabilities Act of 1990, and any amendments thereto, during the performance of the contract, the contractor shall indemnify, protect, and save the County, its agents, servants, and employees from and against any and all suits, claims, losses, demands, or damages, or whatever kind of nature arising out of claimed to arise out of an alleged violation.

The contractor shall submit to the public agency, after notification of award but prior to execution of a goods and services contract, one of the following three documents:

1. Letter of Federal Affirmative Action Plan Approval2. Certificate of Employee Information Report 3. Employee Information Report Form AA302 (electronically provided by the Division and distributed to the public agency through the Division’s website athttp://www.state.nj.us/treasury/contract_compliance)

X. American Goods and Products to be used where possible

In accordance with N.J.S.A. 40A:11-18 and N.J.S.A. 52:33-2, the County shall provide the bidder with a list of products manufactured and farm products of the United States, wherever available, to be used in such work as set forth herein.

XI. Insurance Requirements of the Contractor

The contractor shall maintain insurance as set forth herein for the duration of the Project, including, but not limited to the following:

New Jersey Workers’ Compensation pursuant to N.J.S.A. 34:15-1, et seq.; Generable Liability Insurance; Property Damage Liability Insurance; and Business Automobile Liability Insurance

The contractor shall maintain a guarantee of such insurance in the following amounts:

Workers’ Compensation not less than $1,000,000 General Liability Insurance $1,000,000Property Damage Liability Insurance $500,000Business Automobile Liability Insurance $500,000 per person and

$1,000,000 per accidentProfessional Liability/Errors and Omissions $1,000,000

The contractor is given the option to obtain a combined single limit insurance policy in the amount of one million dollars ($1,000,000.00).

The County of Passaic shall be named as an additional insured on the insurance policies required herein. The contractor shall require a certificate of insurance upon execution of the contract. The certificates of insurance shall expressly state that the insurers will notify the County of termination of coverage no less than thirty (30) days prior to termination. In the event that any of the insurance policies herein lapse, the contractor shall notify the County of a lapse in coverage immediately.

In the event the contractor shall cause his insurance coverage to lapse, the contractor shall immediately notify the County of same. In addition, the insurance policy additional named insured provision naming the County as an additional

of 29

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

COUNTY OF PASSAIC PATERSON-NEWARK TRANSIT MARKET STUDYPASSAIC COUNTY BOARD OF CHOSEN FREEHOLDERS PROJECT NO. RFP-19-013 insured on same shall contain language regarding the insurer to provide timely notification to the County about lapse in coverage.

The contractor shall also agree to indemnify and hold harmless the County for all claims, cost and judgments arising out of the allegations of negligence, errors, omissions, or allegations otherwise sounding in tort while performing within the scope of this agreement, to include but not limited to the actions of any subcontractors or suppliers.

The insurance requirements set forth herein may be supplanted and increased by the County pursuant to values as set forth in the supplementary specifications for the Study.

XII. State and Federal Taxes

Pursuant to N.J.S.A. 54:32B-9 and applicable federal law, the County of Passaic is exempt from sales and use tax and the federal excise tax for the purchase of fuel.

XIII. Anti-Kickback Act

The bidder must comply with 18 U.S.C. 874, the Anti-Kickback Act, and any other applicable regulations promulgated by the United States Department of Labor applicable to projects in the United States. The contractor shall include applicable provisions in any agreements with subcontractors retained for the Project to ensure compliance.

XIV. Pay to Play Information

Proposals are being solicited through a fair and open process in accordance with N.J.S.A. 19:44A-20.2, et seq., and as such, contractors are exempt from the limitations on making political contributions under that law. Further, for that reason, as well as because of a language in the New Jersey's Annual Appropriations Act, refusal to disclose campaign contributions otherwise required by N.J.S.A. 19:44A-20.2 et seq. and 19:44A-20.25 et seq., will not adversely affect your consideration for award.

XV. Competitive Contracting

Pursuant to N.J.S.A. 40A:11-4.3, the contract for the Study is being awarded pursuant to the competitive contracting process. Failure to submit a proposal which shall include all of the information required by the request for proposals may result in the Respondent being disqualified by the County.

The proposals shall be based upon an evaluation and ranking in compliance with N.J.S.A. 40A:11-4.4 and N.J.A.C. 5:34-4.2 based upon the Respondent’s technical, management, and cost submitted in the Bid. The following criteria shall be used by the Committee to score the proposals:

Evaluation Criteria Methodology Weight Technical Does the Respondent’s Proposal demonstrate a clear understanding of the scope of

work and related objectives? Is the Respondent’s Proposal complete and responsive to the Scope of Work? Has the past performance of the Respondent’s methodology been documented? Does the Respondent’s proposal use innovative technology and techniques?

55%

Management How well does the proposed scheduling timeline meet the County’s needs? Is there a project management plan? Does the Respondent document a record of reliability of timely delivery and on-

time and on-budget implementation? Does the Respondent demonstrate industry or program experience? To what extent does the Respondent rely on in-house versus contracted resources? Are the availability of in-house and contract resources documented? Is there documentation of experience in similar work by employees, and when

appropriate, sub-contractors?

35%

of 29


Does the Respondent make use of business capabilities or initiatives that involve women, disadvantaged, small and/or minority owned business establishments?

Does the Respondent demonstrate cultural sensitivity in hiring and training staff? Cost How does the cost compare to other similarly scored proposals?

Is the price and its component charges and fees adequately explained? Does the proposal include quality control and assurance programs? Does the Respondent demonstrate sufficient financial resources to meet its

obligation?

10%

The Committee shall prepare a memorandum to the Board using the criteria established herein to make a recommendation of a Respondent’s Proposal that is the most advantageous, or that all proposals should be rejected, as set forth in N.J.A.C. 5:34-4.3(d). At the discretion of the County, the right to conduct interviews and/or request additional information related to a Respondent’s Proposal, as established in N.J.A.C. 5:34-4.3(c)(3).

XVI. Award and Execution of Contract

Pursuant to N.J.S.A. 40A:11-24(a), the Board shall award the contract or reject all bids no more than sixty (60) days after the receipt of bids, except that the bids of any bidders who consent thereto may, at the request of the County, be held for consideration for such longer period as may be agreed.

Pursuant to N.J.A.C. 17:44-2.2, the successful Respondent shall maintain all documentation related to products, transactions or other services under this contract for a period of five (5) years from the date of final payment. Such records shall be made available to the New Jersey Office of the State Comptroller upon request.

Mandatory supporting documentation is required after award and prior to contract execution.

XVII. Payment

The contract, if awarded, will be a cost-reimbursement agreement subject to all federal and state laws, rules and regulations.; and it shall be performed in conformance with the cost principles contained in the Federal Acquisitions Regulations (FAR), Subpart 31.2 Contracts with Commercial Organizations (48 CFR, Part 31.201 et. eq.). The basis for compensation for the contract will be cost plus fixed fee, up to an agreed maximum project amount.

XVIII. Federally-Funded Requirements

This Passaic County Paterson-Newark Transit Market Study Request for Proposal (RFP) study is being funded through a federally funded North Jersey Transportation Planning Authority FY 2019-2020 Subregional Studies Program Grant. The contract, if awarded, is subject to federal, state and local laws, rules and regulations.

XIX. Dispute Resolution

Prior to submitting a cause of action to a court for relief, by submitting a proposal bidder’s are expressly agreeing to first submit to non-binding arbitration for resolve disputes that arise, as governed by N.J.S.A. 40A:11-50 and N.J.S.A. 2A:6-23B, et seq. The costs of arbitration shall be fully borne by the bidder. The process as set forth in N.J.S.A. 2A:6-23A-1, et seq. are hereby made a part of every contract entered into by the County of Passaic with the lowest responsible bidder.

XX. Liquidated Damages

In accordance with N.J.S.A 40A:11-19, liquidated damages are hereby made a part of every contract entered into by the County of Passaic and the lowest responsible bidder. Specifically, if any of the terms or conditions as set forth in the contract are violated by the contractor, including but not limited to delivery requirements, guarantee and warranty of equipment, quantity, quality, brand of articles, the County is entitled to one hundred and fifty dollars ($150.00) as liquidated damages per day, for every day of a violation.

of 29


The liquidated damages set forth herein may be supplanted and increased by the County pursuant to values as set forth in the supplementary specifications for the Project.

XXI. Termination for Cause

In the event that the contractor shall fail to comply with any of the conditions herein provided and as covered by the contract, the Purchasing Agent shall notify the contractor of such failure or default and demand that the same be remedied within five (5) days. In the event of the failure of the contractor to remedy the same within said period, the Purchasing Agent shall take steps to terminate the contract.

XXII. Requests for Information

All requests for information made by a bidder prior to the designated bid opening shall be made in writing to the following designated official:

Michael Marinello, QPA, CCPO County of PassaicPurchasing Division Phone: (973) 247-3300Email: [email protected]

Requests for information by a bidder shall be shared with every firm who has picked up the Bid Documents, with corresponding answers.

XXIII. Study Overview

The Paterson-Newark Transit Market Study is the first phase in determining the feasibility and scope of improving transit service connecting New Jersey’s third and first most populous cities. This six (6) month study will explore opportunities to run transit service between Paterson in Passaic County and Newark in Essex County along a combination of dedicated off-street corridors including the Newark Industrial Track1, as well as possible shared and mixed-traffic operations. The Newark Industrial Track is an underutilized freight line owned by Norfolk Southern, running through the industrial property commonly known as the Hoffman La Roche site on Route 3. The site is being redeveloped by Prism Capital Partners as the “On3” project. Historically, the Newark Industrial Track served as the Newark Branch of the Erie Railroad.

The genesis of the concept is rooted in dialogue between Passaic County and NJT during the development of the 2012 Transportation Element of the Passaic County Master Plan. A recommendation of the Transportation Element was to study the feasibility of providing transit service along a dedicated right of way to make regional transit service faster and more efficient, as well capitalizing on economic development opportunities along the route. Passaic County is managing the Study, but coordination is necessary with stakeholder governmental entities, including NJT, NJTPA, Essex County, and Newark.

XXIV. Study Area

The study corridor includes several communities in Passaic and Essex Counties, including Paterson, Clifton, Nutley, Belleville, and Newark. The Study will focus on the immediate area surrounding the Newark Industrial Track, but also identify potential options to connect to Newark Broad Street and Paterson New Jersey Transit stations, as well as exploring the feasibility of connecting the region to the Great Falls National Historical Park in Paterson.

The northern end of the Newark Industrial Track merges with the Main Line in Clifton and terminates at the southern end near 3rd Avenue and Passaic Street in Newark. The Study Area will seek to include existing bus routes,

1 See Exhibit A for a map outlining the Newark Industrial Track route. of 29


COUNTY OF PASSAIC PATERSON-NEWARK TRANSIT MARKET STUDYPASSAIC COUNTY BOARD OF CHOSEN FREEHOLDERS PROJECT NO. RFP-19-013 park-and-rides, and other mass transit options to explore the improvements that can be realized by utilizing the Newark Industrial Track.

XXV. Regional Need

The Study is seeking to identify regional solutions to reduce traffic congestion, improve mass transit service, and support economic development. Specifically, identifying feasible alternatives for commuters to alleviate congestion along Route 3, Route 19, Route 21, Route 46, and the Garden State Parkway. Moreover, as the “On3” project develops, demand for mass transit options and congestion will increase. The Study will explore how the Newark Industrial Track can serve as a solution to these regional issues.

XXVI. Study Goal and Objectives

The goal of the Study is to determine the market feasibility of transit service between Paterson in Passaic County and Newark in Essex County. The objectives of the study are to:

1. Identify potential station stops and alignment options connecting Paterson and Newark that serve key employment and activity centers, as set forth herein;

2. Prepare projections of potential ridership, capacity, and preliminary capital and general operating costs; 3. Provide a preliminary assessment and screen for environmental issues; and4. Identify next steps and potential funding sources.

This Study is a first step. The preliminary alignment options developed in this Study are a starting point for initial stakeholder and public feedback. More detailed analysis and refinement will be required before advancement of concepts developed in the Study.

This study is funded under the NJTPA Subregional Studies Program. Studies funded under this program may conduct planning-level analysis. This Study will not identify a locally preferred alternative.

XXVII. Scope of Work

The Scope of Work for the Study is outlined below, and broken down in six (6) specific tasks. Each task has delineated deliverables that are required. Respondents must clearly set forth how each task will be accomplished and include relevant information such as prior experience, personnel dedicated to the Study, and budgetary cost of each task.

Task 1: Project Management

Project management will occur throughout the Study. The Respondent shall designate a project manager who will be responsible for managing the day-to-day activities of the consultant team and will serve as the primary source of contact with the County. The Respondent’s project manager shall establish an effective means of coordinating and reporting its activities to the County through the course of the Study, including a regularly scheduled bi-weekly meeting to review progress and upcoming deliverables with relevant personnel and stakeholders. The project manager will be responsible for the preparation and submission of progress meeting agendas, materials and minutes. A detailed project schedule shall be submitted at the kick-off meeting with the County and NJTPA for review and approval.

The Respondent shall be responsible for preparing and submitting a monthly progress report and progress schedule indicating percent of work complete that corresponds to the reporting period of the monthly invoice. The progress reports shall include all active and completed tasks, indicate the percent of work complete by total and each individual task, work and submittals completed in the last month, work to be performed in the next billing period, meetings, and the status of the schedule and budget.

The Respondent project manager will be responsible for providing all required deliverables in paper and digital format for review and submission to the County, in conformance with NJTPA’s digital submission and reporting standards. All deliverables shall be to a level of quality that meets generally accepted professional standards. A draft final report must be submitted to the County by March 20, 2020. Final reports incorporating all edits from the County and

of 29

COUNTY OF PASSAIC PATERSON-NEWARK TRANSIT MARKET STUDYPASSAIC COUNTY BOARD OF CHOSEN FREEHOLDERS PROJECT NO. RFP-19-013 other relevant stakeholders must be submitted for review by April 20, 2020. A reconciled final report addressing all County comments and all other deliverables are due to the County by May 20, 2020. Contracts must be completed by June 30, 2020, which is the last day to incur costs.

The County is responsible for project management activities, including executing and reporting all financial information, Respondent oversight, and providing all information on the cost tracking system.

Task 1 Deliverables:

1. Detailed project schedule to be submitted at the kick-off meeting;2. Bi-weekly updates;3. Meeting agendas and minutes;4. Monthly progress reports and progress schedule, corresponding to the invoices; and 5. A final progress report and invoice to be submitted within thirty (30) days from the close of the Study.

Task 2: Outreach

The County and Respondent shall create a Technical Advisory Committee to provide input and expertise from municipal governments in the Study Area and relevant State entities to review market analysis and findings. The Respondent shall organize and facilitate at least three (3) TAC meetings and provide a memorandum outlining the anticipated purpose and goal of the meetings.

At a minimum, the TAC shall include representatives from the following entities:

New Jersey Transit; New Jersey Department of Transportation; North Jersey Transportation Planning Authority; Office of Planning Advocacy, New Jersey Department of State; County of Passaic; County of Essex; City of Clifton; City of Paterson; Township of Nutley; Township of Belleville; City of Newark; and EZ Ride/Meadowlink.

The Respondent is responsible for ensuring that the TAC provides, at a minimum, the following contributions to the development of the Study:

Identify needs and concerns of local stakeholders, community groups and partners along the Study Area; Review and provide input on the data collection, outreach, development of improvements and recommended

implementation strategies of the Study; Review the final recommended action items and market analysis; and Ensure that the final report clearly identifies the implementation priorities along with agencies responsible for

each recommendation.

The Respondent shall develop and execute a written outreach plan at the beginning of the study that describes all meetings, meeting purposes, and activities related to public outreach. Including, at a minimum, the following:

Four (4) public meetings, in locations and dates approved by the County; The development and administration of a survey to residents or commuters within the Study Area to gather

public input on potential service options, as well as frequent and desired destinations. The survey will help the consultant team learn about the habits and needs of current and potential riders, as well as travel patterns and preferences; and

of 29


Three (3) focus groups to determine specific needs and/or land use activities that may drive the market assessment.

Innovative public engagement methods are encouraged, including an online and/or social media participation option where possible. In addition, public outreach efforts must include non‐English translation services. Special effort must be made to ensure engagement of environmental justice communities by working to eliminate any barriers to their meaningful participation in the Study process. The Respondent will conduct research to identify areas where low income, minority, and limited English proficiency populations reside.

Studies funded under the NJTPA Subregional Studies Program require transparency and the active and substantive participation of the general public, with special attention paid to engaging historically underrepresented and non‐English speaking communities. In keeping with the NJTPA’s Public Engagement Plan2, public outreach and engagement should be an integral part of, and occur concurrently with, Study tasks outlined herein.


Public Outreach Plan; Three (3) TAC meetings; Three (3) focus group session; Four (4) public outreach meetings; and Development, execution, and analysis of a public survey.

Task 3: Data Collection

A. Community Characteristics and Transportation Setting

The Respondent shall identify and assemble data on population, employment, land use, and existing transit service in the Study Area. This information will serve as the foundation for the market assessment. This will include, but not be limited to, the following data:

Demographic and socio-economic profile (current and projected) including population, age, income, employment, car ownership, travel patterns (origin-destination), trends and forecasts;

In accordance with Environmental Justice requirements, identify and map areas where low income, minority, elderly, people with disabilities, and limited English proficiency populations live. Environmental Justice data sources should include the latest US Census American Community Survey (ACS) 5-year estimates at the block group level and may also include the NJTPA GIS Environmental Justice portal. At minimum, the assessment will compare the average of the above factors at the block group level to the subregional and the NJTPA regional averages;

Major destinations, including large employers, educational institutions, retail centers, employment centers, and dense residential areas;

Existing land use and development plans that may impact demand for services through review of local and county master plans, redevelopment plans, coordination with local stakeholders, and from outside efforts such as the New Jersey Land Use + Transit Data Application3;

Forecasts of future growth rates of real estate development in office, retail, multi-family residential and housing; and

Existing transit service and ridership that intersects or is within reasonable proximity of the Study Area, including bus routes operating on NJ Route 3, Route 46, Route 21, Garden State Parkway and other New Jersey Transit facilities.

The data collection effort should also consider traffic conditions during peak hours and identify congestion and safety issues in the study corridor.

B. Infrastructure Conditions Assessment

2 The full plan can be viewed at the following link: https://www.njtpa.org/get-involved/public-engagement-plan. 3 http://njlutrans.org.

of 29

http://njlutrans.org/

https://www.njtpa.org/get-involved/public-engagement-plan


The infrastructure conditions assessment provides a cursory review of the infrastructure conditions, including the evaluation of the Newark Industrial Track for potential transit use. This would include evaluating and assessing conditions at roadway crossings, both at-grade and grade separated. Access to the Newark Industrial Track is not anticipated. This will include, but not be limited to, the following data:

Historic use of the Newark Industrial Track; Current freight operations; Catalogue of bridges and structures; Roadway crossing conditions including signal equipment, pavement conditions, curbing and sidewalks, drainage

facilities, roadway width and cross sections; ROW width based on parcel data; Encroachments based on parcel data or tax maps overlaid on aerial imagery; GIS desktop environmental scan, including known contaminated sites, brownfields, wetlands, flood prone areas,

historic properties, and parcels; and Connections to existing, planned, or proposed parks and/or bicycle and pedestrian networks.

Roadways and other rights-of-way that could potentially provide transit service connecting the Newark Industrial Track to Newark Broad Street Station and Paterson Station will also be identified. These will be examined for, but not limited to, number of intersections and signals, number of turns required, roadway ROW, level of congestion, AADT, impacts to parking and land use along the route.

This task includes documentation of adjacent vacant or underutilized properties that could provide sites for stations, access, termini and maintenance operations. Ideal locations would allow for shelters, have sidewalks that access the ROW or would provide easy installation of such facilities. Any information that would prevent the implementation of these facilities will be included in the reporting. All the information will be recorded in a GIS database.


Community Characteristics Technical Memorandum; and Infrastructure Conditions Technical Memorandum.

Task 4: Market Assessment and Metrics

A. Develop Service Options for Planning Purposes

The Study will consider a combination of alignment and modal options to connect Paterson and Newark, including light rail, bus rapid transit, and diesel multiple unit trains that operate on freight lines. This involves researching transit technology alternatives including automation and optimized signal prioritization systems. In addition, options for station stops, park-and-ride facilities, access points from major roadways, termini, storage, and maintenance facilities, and layover areas will be proposed based on surrounding land use, potential connections, and physical site characteristics.

This task will require the development of a set of criteria to compare service options at a planning level. The metrics are to be developed by the Respondent in partnership with the County and TAC. The metrics will include, but will not be limited to:

1. ROW requirements; 2. Equipment needs; 3. Utilization rates;4. Fare costs; 5. Safety impacts; 6. Air quality; and 7. Potential time saved from modifying existing bus service within the Study Area.

of 29

COUNTY OF PASSAIC PATERSON-NEWARK TRANSIT MARKET STUDYPASSAIC COUNTY BOARD OF CHOSEN FREEHOLDERS PROJECT NO. RFP-19-013 The Study will also include general capital and operating cost estimates. This would be based on service frequencies, spans of service, and days of week. The cost analysis will need to account for additional vehicles and support facilities necessary to operating mass transit service.

Each option is to be outlined in a matrix highlighting benefits, challenges, and characteristics. The matrix will be presented to the TAC. Based on stakeholder feedback, two (2) alignment and/or modal alternatives will be selected for further evaluation as part of the Study.

B. Market Assessment

The market assessment will evaluate the selected alignment and/or modal alternatives to determine the potential ridership market and constraints under which transit service could be operated along the Study Area. NJT will model up to three (3) scenarios based on the selected alignment and/or modal alternatives using the ridership forecasting model. Ridership forecasting relies on various factors. In addition to the demographic and economic data collected in Task 3, forecast year, headways, fare costs, and service hours will need to be agreed upon. The Respondent will supply the NJT forecasting group with all information required to run the model. NJT will only be responsible for running the model and providing numerical ridership results for up to three (3) alternatives.

The NJT model will determine potential ridership, average time savings per rider, and impacts to air quality. The Respondent will be responsible for determining other potential impacts, including travel time, effect on existing transit and traffic operations, safety and access, and potential opportunities to integrate transit oriented development, green infrastructure, and bicycle and pedestrian facilities.

The results of the ridership forecasting model and will be added to the matrix developed under Task 4. A summary of the proposed service, routing, stops, and markets served for each scenario will need to be included. The Environmental Justice data collected in Task 3 will guide the assessment of impacts of any proposed improvements to Environmental Justice communities, including whether there would be disproportionately adverse impacts to Environmental Justice communities.


A Market Assessment Technical Memorandum including the information as outlined above.

Task 5: Findings and Recommendations

This task will present the likely positive and/or negative impacts of new and/or enhanced transit service in the Study Area, including the impact or redevelopment projects, including the On3 project mentioned herein.

This task will recommend next steps to move forward, which may include additional studies or other actions. Potential funding for next steps should be identified. The Respondent will research best practices for funding new or enhanced transit service and identify possible funding sources based on the impact to congestion, air quality, augmenting and/or reducing demand on park-and-rides and bus stations, and other impacts that may result from the assessment. A final technical memorandum outlining the market assessment for transit service along the Study Area will be produced.


Technical Memorandum incorporating the summary of findings from Task 4, and the additional items as set forth in Task 5.

Task 6: Final Report and Deliverables

The Respondent will prepare an outline and table of contents for review prior to the drafting of a final report. Once approved, the Respondent will prepare a draft report, which will be comprised of the following sections:

1. Abstract; 2. Executive Summary;

of 29


3. Introduction; 4. Existing Conditions Assessment; 5. Market Assessment; 6. Findings and Recommendations; and 7. Implementation and Funding Plan.

The report shall include a matrix of recommended action items. The draft and final document will be based on the results of the previous tasks. The implementation section will identify existing county, State, and federal transportation funding resources available, and opportunities for public-private partnerships to advance recommendations within the Report.

The Respondent will revise the draft report based upon comments and edits from the County, and other stakeholders. The draft report must be provided in Microsoft Word format. After receiving approval by the County, the Respondent will prepare a final report. The final report must follow NJTPA reporting guidelines. All data, including images, raw data from surveys, derived GIS layers, will be provided to the County.

The final report will be presented by the Respondent at advertised public meetings using a Microsoft PowerPoint presentation. The PowerPoint presentation must include graphic oriented slides and accompanying presentation notes or script. The presentation must follow the same format as the Executive Summary, with high quality images and graphics.

All findings and recommendations from the Study shall be organized and entered into PRIME, NJTPA’s planning information management system, in accordance with PRIME requirements. Information about PRIME is available on the NJTPA’s PRIME web page at www.njtpa.org/PRIME.


Study Outline; Table of Contents; Draft Final Report; Final Report4; PowerPoint Presentation; and PRIME Database

XXVIII. Budget and Schedule

The budget must be developed by calculating the total hours required to complete each task in the Study. The deliverables correspond with each task outlined in the Scope of Work. The hours should be multiplied by the wage rate for each person working on each task.

Task Deliverables Cost5 Days6 Total 1 Project Schedule1 Bi-Weekly Updates1 Meeting Agendas and Minutes1 Monthly Progress Reports2 Public Outreach Plan 2 Three (3) TAC meetings2 Three (3) focus group sessions2 Four (4) public outreach meetings2 Public Survey 3 CCT Memorandum3 ICT Memorandum4 MAT Memorandum

4 Electronic and ten (10) bound, hard copies. 5 The cost should be a total number, including labor, non-salary, and sub-consultant expenses. 6 The number of days required to complete the task.

of 29

http://www.njtpa.org/PRIME


4 Technical Memorandum 5 Study Outline 5 Table of Contents 5 Draft Final Report5 Power Point Presentation 5 PRIME Database

TOTAL BUDGET = $ ___________________________

NOTE: The successful Respondent will be required to submit invoices with certain information required by the County, including, but not limited to, the following:

The period covered by the invoice; Salary and wages, including rationale on how the figure is completed using a wage rate schedule; Overhead which can only be a percentage of direct salary; Itemized non-salary expenses; and Fee.

Invoices will be processed on a budget form provided by the County.

XXIX. Disadvantaged Business Enterprise and Emerging Small Business Enterprise Participation

A federal requirement that must be addressed on projects financed in whole or in part through the U.S. Department of Transportation (DOT) is the mandated Disadvantaged Business Enterprise participation program.

This consultant contract is subject to Title 49, Part 26, Code of Federal Regulations (49 CFR 26) entitled "Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs.” In order to ensure The State of New Jersey Department of Transportation (NJDOT) achieves its federally mandated statewide overall DBE goal, the County and NJTPA encourages the participation of Disadvantaged Business Enterprises (DBE) or Emerging Small Business Enterprises (ESBE), as defined below, in the performance of consultant contracts financed in whole or in part with U.S. DOT funding. For this study drawing on federal funding under a NJTPA grant, the DBE/ESBE participation goal shall be at minimum 12.44%.

The NJTPA has a long-standing commitment to maximize business opportunities available to DBEs and ESBEs. The consultant's contract is subject to all federal, state, and local laws, rules, and regulations, including but not limited to, non discrimination in employment and affirmative action for equal employment opportunity. The consultant's contract obligates the consultant to aggressively pursue DBEs and ESBEs for participation in the performance of contracts and subcontracts financed in whole or in part with U.S. DOT funding. The consultant cannot discriminate on the basis of race, color, national origin, or sex in the award and performance of federally assisted contracts. Prior to the award of a consultant contract, the consultant must demonstrate sufficient reasonable efforts to utilize DBE/ESBE firms.

a. Disadvantaged Business Enterprise

A Disadvantaged Business Enterprise (DBE) is defined in 49 CFR Part 26 and FTA C 4716.lA, as "a small business concern (from Section 3 of the Small Business Act), which has met the following criteria and has obtained certification as a DBE by NJDOT, NJ TRANSIT or Port Authority of New York New Jersey:

1. at least 51 percent owned by one or more 'socially and economically disadvantaged' individuals, or in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more 'socially and economically disadvantaged' individuals; and

2. whose management and daily business operations are controlled by one or more of the 'socially and economically disadvantaged' individuals who own it.

‘Socially and economically disadvantaged' is defined as individuals who are citizens of the United States (or lawfully permanent residents) and who are: "Black Americans," "Hispanic Americans", "Native Americans," "Asian Pacific Americans", "Asian Indian Americans", "Women" (regardless of race, ethnicity, or origin); or "Other" (disadvantaged pursuant to Section 8 of the Small Business Act).

of 29


A database of DBEs certified under the State of New Jersey’s Unified Certification Program (UCP) may be found using the following webpage link: https://njucp.dbesystem.com/

b. Emerging Small Business Enterprise

The Emerging Small Business Enterprise (ESBE) referred to herein is defined as a firm that has met the following criteria and obtained small business certification as an ESBE by NJDOT:

1. A firm must meet the criteria for a small business as defined by the Small Business Administration in 13 CFR Part 121, which includes annual receipts from all revenues, including affiliate receipts which equates to the annual arithmetic average over the last 3 completed tax years, or by the number of employees.

2. The small business must be owned by individuals who do not exceed the personal net worth criteria established in 49 CFR Part 26 which is $750,000.

All appropriately certified DBEs fall into this definition due to their size.

The NJDOT’s directory of certified ESBEs may be found on the following webpage:http://www.state.nj.us/transportation/business/procurement/ProfServ/information.shtm

c. Small Business Enterprise Participation Documentation

Disadvantaged Business Enterprise/Emerging Small Business Enterprise (DBE/ESBE) participation is an important goal of the County. The Consultant must demonstrate sufficient reasonable efforts to meet the DBE/ESBE contract goals as identified herein. Consultants can meet this requirement in either of two ways. First the prime consultant can meet the goal, documenting commitments of participation by DBE/ESBE firms sufficient for this purpose. Second, if a consultant does not meet this goal, they must document and demonstrate to the County’s satisfaction that they made adequate good faith efforts to do so as further described below.

To demonstrate compliance with the goal in their proposals consultants should include:

1. the names and addresses of each DBE/ESBE that will participate in the contract;2. the description and estimated fee or dollar amount of the work each DBE/ESBE will perform; 3. written documentation of the prime consultant’s commitment to use each DBE/ESBE in the contract

whose participation it submits to meet the goal; and4. written confirmation from each DBE/ESBE that it is participating in the contract as provided in the prime

consultant’s commitment.

Evidence of the DBE and ESBE certification issued by NJDOT, NJT, or PANYNJ may be requested prior to the award of contract. Note: Although the County encourages the use of small businesses, minority-owned firms and women’s business enterprises on all of our projects, the State of New Jersey’s MBE/WBE or SBE Certifications issued by the Department of Treasury do not satisfy this federal requirement for DBE certification – nor do firms certified as a DBE by other states. Firms certified as a SBE, MBE or WBE by other agencies, or as a DBE by other states, are encouraged to apply for certification as an ESBE by the NJDOT, or as a DBE by the NJDOT, New Jersey TRANSIT, or Port Authority of New York New Jersey.

The prime consultant must document, in writing, all of the steps that led to any selection of the DBE/ESBE firm(s).

d. Good Faith Efforts

If the contract goal is not met by the apparent successful consultant, evidence of good faith efforts must be presented to the County for consideration.To demonstrate sufficient reasonable efforts to meet the DBE or ESBE contract goals, a consultant shall document the steps it has taken to obtain DBE or ESBE participation, including but not limited to the following efforts.

1. Attendance at an information meeting, if any, to inform the DBEs or ESBEs of prime contracting and subcontracting opportunities under a given solicitation.

of 29

http://www.state.nj.us/transportation/business/procurement/ProfServ/information.shtm

https://njucp.dbesystem.com/


2. Advertisement in general circulation media, trade association publications, and small business publications for at least 20 days before proposals are due. If 20 days are not available, publication for a shorter reasonable time may be acceptable.

3. Written notification to DBEs or ESBEs that their interest in the contract is solicited.4. Efforts made to select portions of work proposed to be performed by DBEs or ESBEs in order to increase

the likelihood of achieving the stated goal.5. Efforts made to negotiate with DBEs or ESBEs for specific proposals including at a minimum:

a. The names, addresses and telephone numbers of DBEs or ESBEs that were contacted;b. A description of the information provided to DBEs or ESBEs regarding the scope of work for the

specified solicitation; andc. A statement of why additional agreements with DBEs or ESBEs were not reached.

6. Information regarding each DBE or ESBE the contractor contacted and rejected as unqualified and the reasons for the contractor’s conclusion.

7. Efforts made to assist the DBE or ESBE in obtaining bonding or insurance required by the contractor.

Note: If the County determines that the apparent successful consultant has failed to meet the requirements of this section, the consultant will be afforded the opportunity for an administrative reconsideration of that determination prior to the award or rejection of the contract. As part of the administrative reconsideration process, the consultant will have the opportunity to provide additional written documentation or argument concerning the issue of whether it met the goal or made adequate good faith efforts to do so. County will send the consultant a written decision on reconsideration, explaining the basis for the finding that the consultant did or did not meet the goal or make adequate good faith efforts to do so.

of 29


ACKNOWLEDGEMENT OF RECEIPT OF ADDENDA

The undersigned Bidder hereby acknowledges receipt of the following addenda:

Addenda Number Date

______________ _________

______________ _________

______________ _________

______________ _________

______________ _________





*Signature is required only if an addenda is issued.

Check here if willing to provide the goods or services herein bid upon to RegisteredMembers in System #38-PCCP 07-1 who have submitted estimates without substitution or deviation from specifications, size, features, quality, price or availability as herein set forth. It is understood that order will be placed directly by the registered members identified herein by separate contract, subject to the overall terms of the contract to be awarded by the County of Passaic, that no additional service or delivery charges will be allowed, except as permitted by these specifications.

of 29


STATEMENT OF CORPORATE OWNERSHIP

Check the applicable statement:

I certify that the list below contains the names and addresses of all stockholders holding ten percent (10%) or more of the issued and outstanding stock of the undersigned.

I certify that no one (1) stockholder owns ten percent (10%) or more of the issued and outstanding stock of the undersigned.

Legal Name of Bidder:

Check the applicable business entity in the space provided below:

Business Entity Check the applicable business entityPartnershipCorporationSole Proprietorship Limited Partnership Limited Liability Partnership S SubchapterS CorporationLimited Liability CorporationOther:

If the Bidder is either a Corporation, S Corporation, or Limited Liability Corporation, provide the date incorporated and the place of incorporation, if not, skip to next item:

Dated Incorporated: ___________________ Place of Incorporation: _________________________

Business Address (Please Print):

Telephone: Fax:

In accordance with N.J.S.A. 52:25-24.2, list below the names and addresses of all stockholders, partners, or individuals who own ten percent (10%) or more of stock of any class, or who own ten percent (10%) or greater interest therein. The disclosure shall be continued until the names and addresses of every noncorporate stockholder, and individual partner, and member, exceeding the ten percent (10%) ownerships criteria has been listed.


Address (Please Print):



of 29


STATEMENT OF CORPORATE OWNERSHIP (continued)



*Continue on additional sheet if necessary

Publicly traded parent company disclosure. Submit the URL providing the last annual Security and Exchange Commission, or foreign equivalent filing:

____________________________________________________________________________________





of 29


NON-COLLUSION AFFIDAVIT

State of New Jersey County of Passaic

I, _____________________ residing in ________________________ in the County of ____________________ and State of ____________________ of full age, being duly sworn according to law on my oath depose and say that:

I am ________________ of the firm of __________________, the bidder making this proposal for the bid entitled PATERSON-NEWARK TRANSIT MARKET STUDY, and that I executed the said proposal with full authority to do so, that said bidder has not, directly or indirectly, entered into an agreement, participated in any collusion, or otherwise taken any action in restraint of free, competitive bidding in connection with the above named contract, and that all statements contained in said bid proposal and in this affidavit are true and correct, and made with full knowledge that the County of Passaic relied upon the truth of the statements contained in said bid proposal and in this affidavit in awarding the Contract for the said bid proposal.





Subscribed and sworn to before me on this_____ day of ______________, _____.

___________________________________Signature of Notary Public

of 29


STANDARD QUESTIONNAIRE

Name of Bidder:

Address of Bidder:

Telephone: Fax:

1. How many years have you been in business as a contractor as your present business name given above?

__________ Year(s)

2. How many years have you been the Principal Officer of a general contracting firm under a different name?

__________ Year(s)

3. List three (3) projects similar in nature previously completed by your organization:

Name of OwnerProject ManagerProject Manager Phone #Project Type Project LocationAmount of Contract $Date of Completion



of 29


DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN

Part 1: Certification

Pursuant to Public Law 2012, c. 25, any person or entity that submits a bid or proposal or otherwise proposes to enter into or renew a contract must complete the certification below to attest, under penalty of perjury, that the person or entity, or one of the person or entity’s parents, subsidiaries, or affiliates, is not identified on a list created and maintained by the New Jersey Treasury’s Chapter 25 list as a person or entity engaging in investment activities in Iran.

The Chapter 25 list is found on the State of New Jersey Division of Purchase and Property website at http://www.state.nj.us/treasury/purchase/pdf/Chapter25List.pdf. Bidders must review the list prior to completing the certification below. Failure to complete the certification will render a bidder’s proposal non-responsive.

PLEASE CHECK THE APPROPRIATE BOX:

I certify, pursuant to Public Law 2012, c. 25, that neither the bidder listed herein nor any of the bidder’s parents, subsidiaries, or affiliates is listed on the New Jersey Department of Treasury’s list of entities determined to be engaged in prohibited activities in Iran pursuant to P.L. 2012, c. 25. I further certify that I am the person listed above, or I am an officer or representative of the entity listed above and am authorized to make this certification on its behalf. I will skip Part 2 and sign and complete the Certification below.

OR

I am unable to certify as above because the bidder and/or one of more of its parents, subsidiaries, or affiliates is listed on the New Jersey Department of Treasury’s Chapter 25 list. I will provide a detailed, accurate, and precise description of the activities in Part 2 below and sign and complete the Certification below. Failure to provide such will result in the proposal being rendered as non-responsive and appropriate penalties, fines, and/or sanctions will be assessed as provided by law.

Part 2: Please provide further information related to investment activities in Iran

Relationship to Name______________________________ Bidder/Offeror ________________________________

Description of Activities _______________________________________________________________

Duration of Engagement ________________________ Anticipated Cessation Date ___________

Bidder/OfferorContact Name ______________________________ Contact Phone Number ________________

Certification: I, being duly sworn upon my oath, hereby represent and state that the foregoing information and any attachments thereto to the best of my knowledge are true and complete. I attest that I am authorized to execute this certification on behalf of the above referenced person or entity. I acknowledge that Passaic County is relying on the information contained herein and hereby acknowledge that I am under a continuing obligation from the date of this certification through the completion of any contracts with the County to notify the County in writing of any changes to the answers of information contained herein. I acknowledge that I am aware that it is a criminal offense to make a false statement or misrepresentation in this certification, and if I do so, I recognize that I am subject to criminal prosecution under the law and that it will also constitute a material breach of my agreement(s) with Passaic County, New Jersey and that the County at its option may declare any contract(s) resulting from this certification void and unenforceable.

Name of Bidder (Please Print):




of 29

http://www.state.nj.us/treasury/purchase/pdf/Chapter25List.pdf