DELAWARE RIVER PORT AUTHORITY

REQUEST FOR PROPOSALS

GENERAL CONSULTING ENGINEERING SERVICES

MARINE ENGINEERING AND NAVAL ARCHITECTURE

July 14, 2008

DELAWARE RIVER PORT AUTHORITY General Engineering Consulting Services

Marine Engineering and Naval Architecture Request for Proposals

TABLE OF CONTENTS

Section

Subject

Page

A PROJECT DESCRIPTION 3 B SCOPE OF SERVICES 3 C PROPOSAL PREPARATION & SCHEDULE 6

CONSULTING ENGINEERING STANDARD CLAUSES

D INSURANCE 10 E SAVE AND HOLD HARMLESS 12 F TERMINATION 13 G WORK PRODUCTS 13 H SUBCONTRACTING, ASSIGNING OR SUBLETTING 13 I SUPERVISION 13 J PUBLIC CONVENIENCE AND SAFETY 14 K TRAFFIC RULES 14 L EMERGENCY 14 M MAINTENANCE AND PROTECTION OF TRAFFIC 15 N ACCIDENT 16 O HOURS OF OPERATION 17 P NIGHT WORK 17 Q SITE USE 17 R MATERIALS 18 S LIGHT, POWER AND WATER 18 T STORAGE YARD 18 U IDENTIFICATION OF EMPLOYEES 18 V BRIDGE TOLL 18 W POLITICAL PAYMENTS AND/OR CONTRIBUTIONS 19 X APPLICATION OF LAWS AND REGULATIONS 19 Y AUDIT AND INSPECTION OF RECORDS 19 Z CONSULTANT - INDEPENDENT CONTRACTOR 19 AA WORKING IN TRACKWAY 19 BB Intentionally Omitted 21 CC SAFETY PROGRAM 22 DD CONTRACT SAFETY PLAN 23 EE (Intentionally Omitted) 24 FF (Intentionally Omitted) 24 GG (Intentionally Omitted) 24 HH MINORITY BUSINESS ENTERPRISE (MBE) AND 25

WOMEN BUSINESS ENTERPRISE (WBE) PROGRAM II DRPA NO SMOKING POLICY 29

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DELAWARE RIVER PORT AUTHORITY General Consulting Engineering Services

Marine Engineering and Naval Architecture Request for Proposals

A. PROJECT DESCRIPTION

The Delaware River Port Authority, is a self-financing, bi-state Authority, formed by a compact between the Commonwealth of Pennsylvania and the State of New Jersey and approved by the Congress of the United States whose mission is to manage, plan and construct transportation facilities and provide transportation services to maximize the safe and efficient movement of people and freight within the Port District. As part of this mission, the Authority owns and operates four major river crossings (Ben Franklin, Walt Whitman, Betsy Ross and Commodore Barry Bridges), the PATCO Hi-Speed Line Transit System and several port related facilities, including the RiverLink Ferry System and the Philadelphia Cruise Terminal at Pier 1.

The RiverLink Ferry System currently includes two ferry terminals (Penn s Landing and Camden, New Jersey) and one Subchapter K passenger ferries (M/V Freedom).

The Philadelphia Cruise Terminal at Pier 1 is located in the Philadelphia Navy Yard. Its facilities include an historic (circa 1874) 40,000 square foot terminal building with associated parking, two (2) pile supported finger piers (Piers 1 and 2), a Passenger Boarding Facility.

The planning, design, construction and maintenance of the port related infrastructure requires specialized knowledge and engineering skills. As such, the purpose of this Request for Proposals is to engage a qualified engineering team with the necessary experience to provide on-call marine engineering and naval architecture services to the Delaware River Port Authority. The Agreement will be up to an amount not to exceed Five Hundred Thousand Dollars ($500,000.00) and with an anticipated duration of up to three (3) years, which period shall commence as of the date of the execution of the Agreement with an option year which may be exercised at the sole discretion of the Delaware River Port Authority.

Tasks will be assigned to the Consultant on a Task Order basis after receipt and approval of a written Proposal from the Consultant for each task specifically requested and outlined by the DRPA. Certain tasks may be funded with grants from the Federal Government. The Consultant must be able to meet all requirements, certifications, and assurances of these funding agencies. (Agencies may include FTA, FHWA, etc.)

B. SCOPE OF SERVICES

The Delaware River Port Authority is involved in a variety of projects related to it and other facilities, both in terms of cost and scope. In order to ensure that these projects are administered in a timely manner, the use of a general engineering consulting team is required. The Consultant must be capable of responding to the Marine Engineering and

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Naval Architecture needs of the DRPA with personnel possessing expertise in the work specified. This expertise must exist within the firm or within the proposed project team and must be readily available to the DRPA as needed.

B1.00 Engineering Services

Tasks will include but not be limited to the activities listed below. The activities listed are intended to be guidelines and not be restrictive. Related and supporting efforts are intended to be included. The Consultant shall have available the services of individuals knowledgeable in but not limited to the activities listed below.

1. Master Planning (related to Port/Terminal Development/Expansion) 2. Surveying (Topographic, construction, boundary, hydrographic) 3. Naval Architecture (46 CFR Subchapters T and K) 4. Marine Surveying (vessel assessment) 5. Cruise Terminal and Ferry Terminal Operations 6. Structural Inspection and Evaluation (including underwater inspection) 7. Structural Engineering (new construction and rehabilitation of piers,

bulkheads, pilings, etc.) 8. Electrical and Mechanical Engineering 9. Civil Engineering (pavement design, drainage, etc.) 10. Environmental Permitting 11. Dredging 12. Cost Estimating & Scheduling 13. Construction Inspection

B1.01 Other work under the Scope of Services may include but is not limited to the following:

1. Prepare or assist Engineering staff with the preparation of Requests for Proposals for Studies or Design Projects

2. Prepare studies for various projects 3. Perform plan checks for projects designed in-house or by other

consulting firms 4. Provide consultation and advice to Engineering Division on an as-

requested basis.

B1.02 The Consultant shall perform all word processing and spreadsheets utilizing Microsoft Office Word 2007 and Microsoft Office Excel 2007. Drawings shall be prepared using AutoCad, Version 2008. All electronic documents, data and drawings shall be submitted uncompressed on CD-ROM.

B1.03 In performing the assigned tasks the Consultant shall, when requested, specify materials and equipment, prepare scopes of work, prepare specifications, obtain permits, licenses and approvals, and review shop drawings.

B1.04 All work performed under this scope of work shall comply with all

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applicable federal, state, local, DRPA and relevant Building and Engineering laws, codes, regulations and specifications. Specific laws, codes and regulations will be identified for each task assigned under this contract.

B2.00 Task Assignments

B2.01 The services of the Consultant shall be on an as requested basis and

performed under the direction of the DRPA Engineering Division. When the services of the Consultant are desired, the Engineering Division will provide the Consultant with a scope of work for each desired task. The Consultant shall submit a completed proposal for the work to the Engineering Division within ten (10) working days, or less if required.

B2.02 The Consultant shall designate a single point of contact with the DRPA for all matters relating to this contract. This person shall be authorized to submit proposals and to negotiate the cost for any and all tasks requested of the Consultant.

B2.03 The Engineering Division will review and evaluate proposals for all tasks and negotiate a cost for performing the task based on the hourly rates and multipliers submitted by the Consultant. The Engineering Division will then issue a notice-to-proceed to the Consultant to perform the task. DRPA is under no obligation to assign tasks to the Consultant and no payment will be made to the Consultant, except for tasks assigned by an executed task order.

B2.04 DRPA will have the right to decrease the scope of any tasks or to terminate any task at any time and for any reason upon written notice from the Engineering Division. In such an event, the Consultant will be fully compensated for work performed prior to the notification of reduction in scope or termination of work.

B2.05 All work shall be performed by personnel with titles and rates as specified in the Consultant's Proposal and in the approved task proposal. The Consultant will assign only personnel with experience and expertise in the work included in a particular task. Each task shall have a project manager in charge that is licensed in the appropriate discipline and in the State(s) in which the work is located.

B3.00 Task Progress Schedule

B3.01 The Consultant shall submit to the Engineering Division a cost or resources loaded bar chart indicating its proposed plan and schedule to complete the work for each task.

B3.02 The schedule shall be comprised of activities sequentially numbered and in sufficient quantity and detail to monitor and assess progress and completion status.

B3.03 The task progress schedule shall be updated monthly to reflect any changes that have occurred.

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B4.00 Quality Control/Assurance System

B4.01 The Consultant shall have a quality control/assurance system which states the

firm's quality control policy. The Consultant shall provide all necessary reviews and controls in order to ensure the maximum quality and accuracy of work performed.

B4.02 The quality control/assurance system shall be submitted to DRPA for review and approval prior to Consultant s commencement of work.

B5.00 Design Control

B5.01 The Consultant shall establish and implement measures to control and verify design to assure that specified functional, safety, and quality requirements are met.

B5.02 Design criteria and input, including computer application software, shall be identified, documented and their selection reviewed by those responsible for the technical adequacy of the design. In all cases, the names of the preparer, checker and the date the checker accepted the document shall be shown on the design plans and/or specifications.

B5.03 Design output shall be documented as required in a clear, logical and uniform manner. Design output shall be certified and/or sealed by the appropriate professional practitioner. All parties responsible for each discipline of work shall be licensed in the State(s) in which the work is located. Construction plans and specifications shall also be in DRPA format. All designs shall be checked by someone at least equally qualified to and other than the preparer.

B5.04 All plans, specifications, calculations, estimates and other contract documents prepared under this agreement shall become the property of the Delaware River Port Authority.

C. PROPOSAL PREPARATION

C1.00 Technical Proposal Preparation

Technical Proposals shall be limited to a total of twenty (20) pages and shall include a summary letter and U.S. Government Form SF330. All information requested herein and as described in sections C.1.01 through C.1.05 will be incorporated into Form SF330 and is included in the twenty (20) page limit. Sub-consultant information is included in the twenty (20) page limit.

C1.01 Provide the proposed project management team and staffing and submit resumes of key personnel assigned to this project. Identify the project manager for the work with whom the DRPA will have primary contact. The Consultant's proposed staffing should be accompanied by a list of other contracts in which the key personnel proposed for this contract are obligated,

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including the duration and the time requirements (weekly) of other contractual obligations.

C1.02 Provide a comprehensive organizational chart, including all subconsultants, to show the project management hierarchy for this project and indicate that those individuals in responsible charge possess a valid professional license in the State of New Jersey and/or the Commonwealth of Pennsylvania.

C1.03 Indicate Sub-consultants you will utilize for any portion of this work. Sub-consultants must demonstrate the required extensive experience and expertise related to the work they intend to perform.

C1.04 Indicate the location of the office to which this work would be assigned and provide information regarding the services available at that office. State which services to come from other offices and state the location of that office or offices.

C1.05 Provide descriptions of similar assignments completed or in progress within the last five (5) years. Provide comprehensive contact information for all listed projects.

C2.00 Cost Proposal Preparation

A separate cost proposal will be submitted for each discipline proposers wish to be considered.

C2.01 Provide hourly rates of compensation on the attached Summary of Rates Sheet for which the consultant and all sub-consultants would request reimbursement for the categories of personnel listed below, as appropriate.

* Project Principal * Project Manager * Project Engineer * Senior Engineer * Engineer * Architect * Assistant Engineer * Engineer Trainee * Technician * CAD Drafter * Survey Crew Chief * Survey Staff * Clerical * Any other classification of employee which can be anticipated to be required for this work.

The direct labor cost for each of the Consultant s personnel assigned to the work shall be computed and billed as the number of hours spent engaged in

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the task multiplied by the hourly wage rate for each individual (not to exceed the rates for personnel categories listed above).

Indicate the job classifications (exactly

as they are to appear on monthly

invoices) of all personnel who are expected to participate in the task along with the corresponding hourly wage rate. An escalation factor of 3% (maximum) will be allowed per year for the term of this agreement.

C2.02 Overhead

Overhead shall include normal operating expenses and a portion of the cost of mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, pensions, and similar contributions and benefits.

Include a copy of your most recent detailed, audited overhead rate computations for both. These computations shall clearly indicate all items included in the fringe benefits and overhead expenses being requested for this GEC assignment. Criteria for determining allowable costs will be in accordance with Subpart 31 of the Federal Acquisition Regulations (FAR).

C2.03 Profit

DRPA will allow up to a maximum of 10% profit for all tasks included under this work. Profit will be calculated as a maximum of 10% of the sum of the Direct Labor Cost (C2.01) and Overhead (C2.02).

C2.04 Reimbursable Expenses

DRPA will allow expenses incurred by the Consultant and Sub-consultants in direct connection with each task as follows:

a) Direct expenses of transportation (except daily commutation), long distance communications and, if necessary, fees paid for securing approvals of government authorities interested in the project.

b) Direct expenses of reproduction, postage and handling of drawings, specifications, and other documents.

c) Direct expenses associated with the renting of equipment for inspection and testing. Also, the direct expenses associated with laboratory testing of materials.

d) Reimbursement will not

be made for daily commutation nor any, subsistence or housing costs, if incurred.

e) Railroad Protective Liability Insurance and/or Pollution Liability Insurance may be required for a task, the cost of this insurance will

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be shown as an expense. All other insurance shall be maintained by the Consultant and shall be included in the overhead.

C2.05 Payment of Services

Payment of services, along with reimbursable expenses, will be made monthly in amounts as set forth in monthly invoices describing expenses incurred and hours spent on the task by each employee of the Consultant and its Sub-consultants all computed on the basis set forth in Paragraphs C1.10 through C1.13. Time sheets and other back-up payment information must be included with the Invoice. Two complete copies of the invoices are required for payment.

C2.06 No Additional Payments

The sum of estimated compensation for each task to accomplish all the work required therein shall constitute an aggregate maximum of charges to be paid under that task. No separate payments beyond the maximum of each task will be made without a written Supplemental Agreement.

C2.07 Sub-consultants

For Sub-consultant compensation, the basis and method of compensation as set forth Section C2.01 through C2.04 above will be applied in identical form to services provided under subcontract to the Consultant. The Consultant shall not apply a profit factor to Sub-consultant expenses.

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STANDARD CLAUSES

Gender-specific nouns and pronouns used herein, such as flagman, workman, watchman, he, and she, shall be deemed to refer to both male and female, singular and plural.

D. INSURANCE: The Consultant will be required to provide insurance of the prescribed types and minimum amounts as set forth below.

All insurance policies required shall be maintained in full force until all services under this Contract are completed. Each policy shall contain the provision that there will be thirty (30) days' prior written notice given to the Authority in the event of cancellation of or material change in the policy.

Prior to commencing any services under this Contract, Consultant shall furnish Authority with insurance certificates evidencing that the required coverage is in force. He may be required at a later date and upon specific request by the Authority, to furnish copies of any or all insurance policies related to protection for the services under the contract. The Authority shall not be liable for the payment of any premiums under the foregoing.

The insurance companies indicated in the certificates shall be authorized to do business in the Commonwealth of Pennsylvania and State of New Jersey and shall be acceptable to the Authority.

Neither approval by the Authority nor failure to disapprove insurance certificates furnished by the Consultant shall release the Consultant of full responsibility for all liability as set forth in the indemnification clause stated in Section E, entitled, "Save and Hold Harmless".

The minimum requirements of insurance to be carried by the Consultant shall be as follows:

(a) Workers' Compensation and Employers Liability Insurance

Coverage A, Workers' Compensation

- Statutory benefits as required by the Workers' Compensation Laws of the Commonwealth of Pennsylvania and the State of New Jersey, and reference to such compliance made on all certificates of insurance.

Coverage B, Employer's Liability

- One Million Dollars ($1,000,000).

If applicable for a specific task order assignment, coverage shall include employment under the United States Longshoreman's and Harbor Workers' Compensation Act, Maritime Employment under the Jones Act, and certificates provided shall so indicate.

(b) Commercial General Liability Insurance

Commercial General Liability Insurance in an amount not less than One Million Dollars ($1,000,000) combined single limit, or the equivalent, as respects Bodily and Personal Injury and Property Damage in any one occurrence/Two Million Dollars ($2,000,000) aggregate.

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If applicable for a specific task order assignment, General Liability will be extended to cover watercraft liability to the same limit as required in this Contract, and certificates provided shall so indicate.

Contractual Liability Insurance to include coverage for the liabilities assumed under Section E. entitled, "Save and Hold Harmless", in an amount not less than One Million Dollars ($1,000,000). Acceptance of coverage in this amount by the Authority does not release the Consultant of full responsibility for all liability as set forth in the indemnification clause set forth in Section E. entitled, "Save and Hold Harmless".

The coverage provided shall include Premises, Operations and Products Liability, Broad Form property damage, independent contractors and products/completed operations coverage.

The coverage provided shall include protection against "X" "Explosion", "C" "Collapse", and "U" "Underground".

Amend the General Liability Policy s pollution exclusion applicable to pollutants brought to a job site in connection with the Insured s operations so that the pollution exclusion does not apply with respect to fuels, lubricants or other operating fluids which are needed to perform the normal electrical, hydraulic or mechanical functions necessary for the operation of mobile equipment or its parts, if such fuels, lubricants or other operating fluids escape from a

part designed to hold, store or receive them.

The Consultant shall name the Authority and Port Authority Transit Corporation (PATCO) as Additional Insured on all Commercial General Liability and Umbrella Liability Policies.

(c) Business Automobile Insurance

To provide coverage for all owned, non-owned, hired, leased, and rented vehicles and automotive construction equipment: Liability Insurance in an amount not less than One Million Dollars ($1,000,000) combined single limit for Bodily Injury and Property Damage in any one occurrence. Coverage to include contractual liability insurance for the liabilities assumed under Section E entitled, Save and Hold Harmless.

Delete any Exclusions To Bodily Injury of Property Damage arising out of operations within 50 feet of any railroad property, affecting any railroad bridge or trestle, tracks, roadbeds, tunnel, underpass or crossing.

The Consultant will name the Delaware River Port Authority (DRPA) and the Port Authority Transit Corporation (PATCO) as Additional Insureds on all Business Automobile Policies.

(d) Professional Liability Insurance

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Professional Liability Insurance in an amount not less than One Million Dollars ($1,000,000) per claim and Two Million Dollars ($2,000,000) aggregate for claims arising out of Professional Services provisions under this Contract. Upon termination of the Consultant's Agreement, the Consultant shall present evidence of an extended reporting period to provide coverage for claims for a period of three years from the date of termination.

(e) Railroad Protective Liability Insurance

If applicable for a specific task order assignment, the CONSULTANT shall

provide, with respect to the operations he or any of his subcontractors perform, Railroad Protective Liability Insurance in the name of the Delaware River Port Authority and the Port Authority Transit Corporation providing for a limit of not less than Two Million Dollars ($2,000,000) single limit, Bodily Injury and/or Property Damage combined, for damages arising out of bodily injuries to or death of all persons in any one occurrence and for damage to or destruction of property, including the loss of use thereof, in any one occurrence. Such insurance shall be furnished with an aggregate of not less than Six Million Dollars ($6,000,000) for all damages as a result of more than one occurrence. A certified copy (or original) shall be provided to the DRPA.

(f) Pollution Liability Insurance

If applicable for a specific task order assignment, the CONSULTANT shall provide Pollution Liability Insurance in an amount not less than One Million Dollars ($1,000,000) per claim/aggregate for claims arising out of work performed under this contract involving the removal, testing, transportation, and/or disposal of pollutants, contaminants, lead, asbestos, and/or materials otherwise considered hazardous or as otherwise required by governing environmental agencies.

The Consultant will name Delaware River Port Authority (DRPA) and Port Authority Transit Corporation (PATCO) as Additional Insureds on the Pollution Liability Policy. Delete any Cross Suits Exclusions; and certificates provided shall so indicate.

(g) Sub-Contractor's/Sub-consultant Insurance

If any part of the work under this Contract is to be performed by a Sub-consultant or sub-contractor, the CONSULTANT shall be responsible for each sub-contractor or Sub-consultant maintaining insurance as specified above in Paragraph (a), (b), (c), and (f). In addition, if a sub-contractor or Sub-consultant is required to render any professional services, the CONSULTANT shall be responsible for each sub-contractor or Sub-consultant maintaining insurance as specified in Paragraph (d).

E. SAVE AND HOLD HARMLESS

CONSULTANT agrees to defend, indemnify and protect and hold harmless the DRPA, PATCO, their officers, commissioners, directors, members, agents, servants and employees from and against any and all suits, claims, demands or damages, or whatsoever kind or nature arising from, out of, or in connection with the performance of this Agreement, including, but not limited to, expenditures for and costs of investigations, hiring of expert witnesses, court costs, counsel fees, settlements, judgments or otherwise.

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If a task is to be undertaken at the Philadelphia Cruise Terminal at Pier, Consultant also agrees to defend, indemnify, and protect and hold harmless the Philadelphia Authority for Industrial Development, Philadelphia Industrial Development Corporation, and Cushman and Wakefield in the same manner as DRPA and PATCO are indemnified.

F. TERMINATION

It is understood and agreed that the DRPA hereby reserves unto itself the right to

terminate or modify this Agreement at any time, for any reason whatsoever, upon giving not less than thirty (30) days prior written notice to the CONSULTANT. In the event of the DRPA's exercising such right of termination, the DRPA shall be without further liability whatsoever to the CONSULTANT under this Agreement, except that the DRPA will reimburse CONSULTANT for services rendered and costs expended, and pay to the CONSULTANT the amount of fee earned by the CONSULTANT to the date of said termination. In the event that the DRPA exercises its right to modify this Agreement, CONSULTANT shall have only such rights as may be stated in the modified Agreement and shall retain no other rights. The CONSULTANT agrees that it shall not be entitled to any damages of any nature whatsoever in the event of such termination or modification other than the aforesaid reference to payments.

G. WORK PRODUCTS

All materials, calculations, computations, specifications and drawings developed and prepared by and equipment required by the CONSULTANT in the performance of its services herein shall become the property of the DRPA, and shall be turned over to the DRPA at or prior to final payment or other termination of this Agreement or by written request thereof by the DRPA.

H. SUBCONTRACTING, ASSIGNING OR SUBLETTING

Prior written approval of DRPA is required for subcontracting any services covered by this Agreement other than those included in the CONSULTANT's Proposal. Requests for authorization to subcontract must be submitted in writing to the DRPA's Chief Engineer, accompanied by a description of the specific work to be subcontracted, the total value of such sublet work, and by proof that the organization which will perform the subcontracted work is particularly equipped and capable to perform such work. The right to qualify, accept or reject any subcontractor is reserved expressly for DRPA.

I. SUPERVISION

The CONSULTANT shall, at all times when the field work is in progress, keep a competent representative or superintendent in charge of the work who shall have full authority to receive and give orders to CONSULTANT's personnel.

The CONSULTANT shall give the work the constant attention necessary to facilitate the progress thereof and shall cooperate with the DRPA, and with other contractors authorized to perform work adjacent to or within the physical limits of the work area.

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J. PUBLIC CONVENIENCE AND SAFETY

The safety, protection and convenience of the public are of primary importance and shall

be provided for by the CONSULTANT in an adequate and satisfactory manner.

The CONSULTANT shall at all times exercise caution for the protection of persons and property. The safety provisions of applicable laws, rules and regulations, and codes shall be observed. Machinery, equipment and other hazards of whatsoever character shall be guarded in accordance with the safety provisions of the current "Manual of Accident Prevention in Construction", published by the Associated General Contractors of America, to the extent that such provisions are not inconsistent with applicable Federal, State and local laws and regulations.

The CONSULTANT shall instruct its employees regarding the hazards involved within the vicinity of moving vehicles.

If any operation, practice or condition during the course of the work is deemed by the DRPA to be unsafe, the CONSULTANT, upon notice, shall take corrective action. Where any operation, practice or condition endangers persons or property, it shall be discontinued and adequate remedial action taken before such work is resumed. However, the DRPA shall have no responsibility for supervision of safety requirements.

K. TRAFFIC RULES

The CONSULTANT is cautioned that all of his operations on the site of the work will be governed by the following traffic rules. These regulations may be augmented or modified at the discretion of the DRPA's Division of Bridges:

a) The CONSULTANT shall conform and adhere to the approved Maintenance of Traffic Plan prepared by him and approved by the DRPA.

b) The DRPA's Police will affect all lane closings and openings.

L. EMERGENCY

The DRPA's or PATCO's Police may, in the event of a serious accident, or major traffic demand, or other emergency, declare an emergency condition without advance notice. The CONSULTANT is required in such case to cooperate fully and immediately with directions received, which may include ceasing operations and clearing the work area. No extra payment for such an occurrence will be made by the DRPA. The CONSULTANT shall not make a claim for damages against the DRPA for such an occurrence.

M. ** MAINTENANCE AND PROTECTION OF TRAFFIC

At least ten (10) working days prior to the time the CONSULTANT intends to start operations affecting traffic, the CONSULTANT shall submit complete details of the methods he

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intends to employ for the safe restriction to the movement of traffic required for his operations. These methods will be reviewed by the DRPA and its Police Department and, when satisfactory, approved. Methods not approved will be returned for revision and shall be resubmitted for further review. The CONSULTANT's methods submitted for approval shall include complete information, data and/or sketches covering the means proposed by the CONSULTANT for the protection of the public and his own personnel and equipment, including layouts and schedules showing the anticipated lane closings, truck access points, locations of all devices for lane closings and protection of traffic, and anticipated dates and rates of progress of work.

If the approved methods of operations submitted by the CONSULTANT are not strictly adhered to by the CONSULTANT, the DRPA shall have the right to order all work which, in the opinion of the DRPA, affects the maintenance and protection of traffic, to be summarily discontinued. Such work shall not be resumed until the DRPA is assured and satisfied that the CONSULTANT will perform the work in conformity with the approved methods of operations. The CONSULTANT shall have no claim against the DRPA for the losses or delays caused by such work stoppage.

The DRPA's approval of traffic control plans and/or its failure to approve such plans shall in no way shift responsibility for traffic safety from CONSULTANT to the DRPA, and the CONSULTANT shall remain liable to indemnify and hold the DRPA harmless from and against any loss, cost, or expense relating to such traffic control plans.

The CONSULTANT shall erect or place, and maintain in good condition, barricades, temporary wiring and directional signs, lights, flares, approved electric flasher units, traffic cones and other warning and danger signals and devices, appropriate and adequate for the specific needs, at working sites, at standing equipment and other obstructions, at points where the usable traffic width of the roadway is reduced, at points where traffic is deflected from its normal courses or lanes, and at other places of danger to vehicular or pedestrian traffic under, on, or adjacent to the work area.

The CONSULTANT shall be responsible for transporting all his personnel to and from enclosed or closed-off areas. Personal vehicles will not be permitted to park anywhere within DRPA or private properties, except in areas designated by the DRPA.

Whenever the CONSULTANT's vehicles operate in lanes open to traffic, travel shall always be with and not across or against traffic.

Vehicles shall enter and leave work areas in a manner which will not be hazardous to or interfere with traffic. During lane closings when a flagman is not on duty, automobiles operated solely for the transportation of supervisory personnel, flagmen, or approved inspectors will be allowed access to the work site provided such vehicles are operated in a safe manner. _____________________ **These provisions apply for work required to be performed by the Consultant that is independent of the Contractor s operation

Vehicles shall not park or stop in roadways, except within the closed lane(s).

The CONSULTANT's vehicles will not be permitted to make u-turns, across the roadway or in the toll plaza area. Any vehicle making any illegal turn will be subject to a summons by the Police.

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Points for leaving and re-entering the traffic flow shall be, in general, at the beginning and end respectively of a lane closing. Uniformed flagmen provided by CONSULTANT shall be on duty, as directed by the DRPA, at all locations where and when the CONSULTANT's vehicles leave or enter traffic. Each flagman shall be an intelligent, English speaking person, properly trained, instructed and experienced in flagman duties, and shall be uniformed as specified below. Each flagman shall be subject to the approval of the DRPA. Any flagman performing duties unsatisfactorily, in the opinion of the DRPA, shall be immediately removed from duty as a flagman and shall be replaced by an approved flagman. Each flagman shall wear an approved police-type uniform with billed cap. Uniform and cap shall be navy blue. Over the uniform the flagman shall wear at all times, a sleeveless vest entirely covered with three inch width alternate vertical stripes of phosphorescent red and "Scotchlite" Silver Reflective Pressure-Sensitive Sheeting No. 3270. DRPA shall have no obligation to supervise or review flagmen. CONSULTANT shall be solely liable for the actions or inactions of flagmen under all circumstances.

N. ACCIDENT

The CONSULTANT shall provide such equipment and facilities as are necessary or required for first aid service to any employee who may be injured in the progress of the work, and he shall have standing arrangements with local hospitals for the removal and hospital treatment of any employee who may be injured or who may become ill.

The CONSULTANT shall keep, in a bound book, records of all accidents, including in such reports, such data as may be required by the Department of Labor of the respective states in which the work is being performed.

The CONSULTANT must promptly report in writing to the Chief Executive Officer and the Claims Management Group of the DRPA, all accidents whatsoever, arising out of or in connection with the performance of the work whether on or adjacent to the site, which cause death, personal injury or property damage giving full details and statements of witnesses. In addition, if death or serious injuries or serious damages are caused, the accident shall be reported immediately by telephone to the Claims Management Group of the DRPA.

If any claim is made by any third person against the CONSULTANT or any subcontractor on account of any occurrence involving the services to be rendered hereunder, the CONSULTANT shall promptly report the fact in writing to the Chief Executive Officer, giving full details of the claim.

O. HOURS OF OPERATION

Time of performance and completion of work are of the essence. The CONSULTANT shall prosecute the work in an orderly and efficient manner using sufficient manpower and equipment to insure timely completion of the work. Roadway traffic on the bridge shall be maintained at all times in accordance with the approved Maintenance of Traffic Plan submitted

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by the CONSULTANT. The CONSULTANT shall schedule and perform his operations so that the full width of roadway curbs is available for vehicular traffic between the hours of 6:00 a.m. to 9:00 a.m. and 3:30 p.m. to 6:00 p.m. Monday through Friday. The CONSULTANT may work Saturday, Sunday and holidays between 9:00 a.m. and 5:00 p.m. No additional payment will be made by the DRPA for work at night or on weekends and holidays.

The CONSULTANT shall occupy only one side of the bridge while performing any work from the roadway level.

P. NIGHT WORK

If the CONSULTANT desires to work at times other than the normal daylight shift, he shall first obtain approval from the Chief Engineer to perform such work. The CONSULTANT on such occasions shall have a responsible supervisor and sufficient employees present to perform such work. No additional payment will be made by DRPA for said night work.

Q. SITE USE

The CONSULTANT shall confine operations at the site to those permitted by law, ordinances, permits and the Contract Documents, and shall not unreasonably encumber the site with any materials or equipment.

The CONSULTANT shall perform the contract in such a manner as not to interrupt or interfere unduly with any operation or activity or the work of the Authority, or any other contract or sub-contractor, at or near the location of the work.

The right is reserved by the Authority to do work with its own employees or by other contractors, and to permit public utility companies and others to do work during the progress and within the limits of, or adjacent to, the work. The Consultant shall conduct his work and cooperate with such contractors, utility companies and others so as to cause little interference as possible with their work. Further, the CONSULTANT shall allow such other contractors, utility companies and their agents access to their work within the site of the work.

The CONSULTANT shall and hereby does agree to make no claims against the Authority for additional compensation due to delays or other conditions created by the necessary operations of such other parties, unless such delays are markedly different in extent from those which could be reasonably anticipated for the type of work engaged in by such other parties.

In the event of a disagreement concerning the respective rights of the contractor and other parties performing work within the limits of or adjacent to the work, the Chief Engineer will determine the respective rights of the various parties involved, in order to secure the completion of the Authority's work in general harmony and in a satisfactory manner. The Chief Engineer's determination shall be final and binding, and shall not be cause for claims by the CONSULTANT or any sub-contractor performing work under this Agreement.

R. MATERIALS

The CONSULTANT shall furnish, construct and maintain whatever may be necessary of walkways, platforms, ladders, stairways and other facilities of usual and suitable character and

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adequate strength to provide properly for all operations required to inspect and perform its work on the site.

S. LIGHT, POWER AND WATER

The CONSULTANT shall provide, at his own expense, all light, power and water

necessary for the performance of the field work.

T. STORAGE YARD

The DRPA will provide the CONSULTANT with a storage area.

The DRPA does not guarantee the security of this area and will not assume responsibility for loss or damage of materials or equipment stored therein.

U. IDENTIFICATION OF EMPLOYEE

The CONSULTANT shall provide, if required, all of his representatives and employees with distinctive badges. These badges must be displayed in a prominent manner on the person of each employee or representative while engaged in the work.

V. BRIDGE TOLL

The CONSULTANT is advised that the DRPA will issue toll free passage permits for the CONSULTANT's owned vehicles and equipment that will be used strictly for the work on this project.

The CONSULTANT shall furnish the DRPA with a list of license numbers and descriptions of CONSULTANT's owned vehicles and equipment that will be used on this project in order for the DRPA to issue the required toll free passage permits to such vehicles and equipment.

Personal vehicles of the CONSULTANT's personnel shall be required to pay toll.

The toll free passage permit will be revoked by the DRPA for any vehicle or equipment using the permit for purposes other than that intended.

W. POLITICAL PAYMENTS AND/OR CONTRIBUTIONS

The CONSULTANT warrants to the DRPA that neither the CONSULTANT nor anyone authorized to act on the CONSULTANT's behalf has made any payment or contribution to any political candidate, political committee, public official or any other person or entity, for the purpose of influencing the award of this Agreement. The CONSULTANT agrees that if the Executive Committee of the DRPA decides, after such hearing as it deems necessary, that this warranty has been breached, the CONSULTANT shall, within thirty (30) days of this decision,

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pay to the DRPA liquidated damages equal to twenty-five percent (25%) of the face amount of this Agreement or order, provided: The Executive Committee's decision shall be final unless the CONSULTANT seeks a review thereof in a commercial arbitration proceeding conducted by the American Arbitration Association, instituted by the CONSULTANT within fifteen (15) days of receipt of the Executive Committee's decision: The CONSULTANT further agrees that it shall be ineligible to receive any award of any contract or purchase order from the DRPA for a period of one (1) year from the date of any final decision unfavorable to it.

X. APPLICATION OF LAWS AND REGULATIONS

By entering into this Agreement, the DRPA and PATCO do not consent, either expressly or impliedly, to the jurisdiction or application of any laws, regulations, procedures or requirements of any governmental, quasi-governmental or other political entity which would otherwise not be applicable to the DRPA or PATCO.

Y. AUDIT AND INSPECTION OF RECORDS

The CONSULTANT shall permit the authorized representatives of the DRPA to inspect and audit all data and records of the CONSULTANT relating to his performance under this Agreement .

Z. CONSULTANT - INDEPENDENT CONTRACTOR

The CONSULTANT is an independent contractor, and under no circumstances shall it, its servants, agents or employees be or become employees of the DRPA in conduct of this project.

AA. WORKING IN TRACKWAY

PATCO operates a rapid transit commuter system between Lindenwold, New Jersey, and Philadelphia, Pennsylvania, on tracks along each side of the Benjamin Franklin Bridge (BFB) beneath the walkways. The track system consists of rails mounted on ties affixed to the structure of the BFB. This track system is open to the ground and river below the BFB. The system is powered by an electrified 750 Volt D.C. third rail which runs alongside each track and which carries high voltage electrical current. The rapid transit system operates on a frequent schedule with trains running as often as every two minutes.

1. Whenever it is necessary for the CONSULTANT's employees to work in, near, or above the track area, the CONSULTANT shall first request permission to occupy said area. The request shall be made in writing to the Assistant General Manager, Engineering and Maintenance, Port Authority Transit Corporation, Lindenwold, New Jersey 08021. Each request shall be made at least one week in advance of the need for the use of such track area.

2. In addition to performing all work in compliance with all the terms, conditions, covenants and requirements of this contract, the CONSULTANT agrees that all work performed in, near, or above the PATCO track area shall be performed in compliance with all of PATCO's rules and regulations and conditions set forth herein.

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3. It is the duty of the CONSULTANT to obtain from PATCO information regarding PATCO's scheduling, operations, and procedures.

4. CONDITIONS OF ACCESS TO PATCO AREAS

A. Access during off-peak hours.

During certain off-peak hours (refer to Table "A", below) PATCO trains are operated with less frequency. The CONSULTANT may request PATCO to make a track area available during the off-peak hours, subject to the following:

1) Not more than one track area, Eastbound or Westbound, will be available simultaneously;

2) PATCO shall have complete discretion regarding track availability.

3) Table A - Track Availability Times

Westbound Track Out of Service:

12:30 a.m. to 4:30 a.m. Monday night through Friday morning 11:00 p.m. Friday until 4:30 a.m. Monday

Eastbound Track Out of Service:

12:30 a.m. to 4:30 a.m. Monday night through Friday morning 11:00 p.m. Friday until 4:30 a.m. Monday

No track outages will be allowed between Thanksgiving and New Year's Day.

B. Access during all other hours:

During all other hours, PATCO trains operate frequently. PATCO's trains cannot cease their regular operations during these hours. The CONSULTANT shall not be permitted access to any area in, near, or above the track area without first obtaining the express written permission of PATCO. Any such use of the track area shall be subject to all of the terms and conditions herein, and such further limitations as may be imposed by PATCO.

The CONSULTANT shall be prohibited from working overhead of the track areas during the Transit rush hour periods defined as 5:00 a.m. to 9:30 a.m. and 4:00 p.m. to 6:30 p.m., Monday through Friday.

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In the event of an emergency condition or a high demand requirement relating to the PATCO operation, PATCO may withhold track availability from the CONSULTANT, or order the CONSULTANT's forces to withdraw from the track area and the CONSULTANT shall comply with such orders.

5. A. When it is necessary for CONSULTANT's personnel to work in or near the track areas, PATCO reserves the right to determine the number of, placement of, and need for its watchmen. It is expressly understood that these PATCO watchpersons shall be present solely for the protection of PATCO's property, facilities and operations.

B. The CONSULTANT is required to provide watchpersons for the safety of its employees, and for the safe performance of its obligations under this Contract. The provision of such watchpersons, shall be at the CONSULTANT's own cost and expense.

6. The CONSULTANT shall safeguard the traffic, tracks and appurtenances and other property of PATCO.

7. The failure or inability of the CONSULTANT to coordinate its activities with PATCO operations shall not relieve it of its duties to perform the work hereunder within the contemplated time.

BB. Intentionally Omitted

CC. **SAFETY PROGRAM

The CONSULTANT shall perform all work with due regard to the safety of persons and property. It is a condition of this Contract, and the CONSULTANT agrees, that it shall be made a condition of each subcontract entered into pursuant to this Contract, that the CONSULTANT and any subcontractor or subconsultant shall not require any laborer or mechanic employed in the performance of this Contract to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous to personal health and safety, as determined under the provisions of the Manual of Accident Prevention in Construction, published by the Associated

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General Contractors of America, as well as any applicable OSHA regulations, to the extent not in contravention of applicable laws.

If any operation, practice or condition during the course of the work is unsafe or is deemed by the Chief Engineer to be unsafe, the CONSULTANT shall, upon notice, immediately take corrective action. Where any operation, practice or condition endangers persons or property, it shall be immediately discontinued by the CONSULTANT and adequate remedial action taken before the affected part of the work is resumed.

The CONSULTANT shall take all reasonable precautions at all times to prevent injury to or death of any and all persons at or near the site of the work or engaged in the performance of the work, and to prevent damage to, loss or destruction of any property (including, without limitation, the work to be performed hereunder) located at or near the site. Such precautions shall include, but shall not be limited to, all safeguards and warnings necessary to protect workmen and others against any dangerous or potentially dangerous conditions at or near the site of the work, all measures necessary to protect the work against weather and other conditions, of the work, the enforcement of reasonable safety regulations among all persons at the site, and compliance with any safety requirements imposed by any governmental authority having jurisdiction.

In the event of any injury to any person, or to any public or private property by, or as a consequence of, or during the progress of any operations under this Contract, including any act or omission on the part of the CONSULTANT or its agents, or employees, the CONSULTANT shall make good such damage in such manner as may be required, at its own expense and cost. In case of failure by the CONSULTANT to remedy such damage promptly, the Authority shall have the right to deduct the cost of such work from any monies due or which thereafter become due the CONSULTANT under this Contract.

The CONSULTANT shall keep record in a bound book of all accidents, including in such records such data as may be required by the Departments of Labor of the respective states in which the work is being performed.

______________ ** These provisions apply to the Consultant s activities, employees and conduct of work.

The CONSULTANT must promptly report in writing to the Chief Engineer of the DRPA all accidents whatsoever, arising out of or in connection with the performance of the work, whether on or adjacent to the site, which cause death, personal injury or property damages. Such reports shall include full details and statements of witnesses. In the event of death or serious personal or property injuries, the accident shall also be reported immediately by telephone to the Chief Engineer of the DRPA.

If any claim is made by any third person against the CONSULTANT or any subcontractor or subconsultant on account of an accident, the CONSULTANT shall promptly report the fact in writing to the Chief Engineer, giving full details of the claim.

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The CONSULTANT agrees to indemnify and hold the Authority and its agents harmless for, of and from any loss, including but not limited to any fines, penalties and corrective measures which the Authority may sustain by reason of the CONSULTANT's failure to comply with any of the requirements of this Section.

DD. **CONTRACT SAFETY PLAN

The CONSULTANT shall be responsible for developing, initiating, maintaining and

supervising all safety programs required for his employees, to ensure compliance with all applicable federal, state and local safety laws, rules, regulations and codes. It is the responsibility of the CONSULTANT to ensure that the work required hereunder is performed in a safe and workmanlike manner and in compliance with general safety standards for the performance of such work, as promulgated by the Occupational Safety and Health Administration (OSHA) and by any other similar regulatory body or professional board or association.

Within five (5) days from execution of a Task Order pursuant hereto, but before commencement of any on-site work, the CONSULTANT will submit to the DRPA a Contract Safety Plan which satisfies all requirements of this Section and implements fully all OSHA and other applicable federal, state and local regulations, as well as any applicable professional board or association standards of practice, for safety performance of the work required for this procurement.

The Contract Safety Plan will define procedure for proper and safe use of all materials and equipment required for the work to be done, in accordance with manufacturer instructions.

The Contract Safety Plan shall also designate and name a Supervisor(s) who shall be present at the work site on a regular basis and who shall be responsible for assuring that work at the work site is performed in a safe manner. Each person designated for such safety responsibility will have authority from the CONSULTANT under the Contract Safety Plan to cause work to be halted at the work site if work practices and conditions should in any way be or become out of compliance with the Contract Safety Plan.

_____________________ ** These provisions apply to the Consultant s activities, employees and conduct of work.

The Contract Safety Plan shall provide that the CONSULTANT, through its Supervisor(s), shall stop work in the event that any condition(s) not complying with applicable regulations or compromising safety should be present at the work site. The Contract Safety Plan shall also provide that, in the event that the DRPA advises the CONSULTANT of any such condition(s), work stoppage shall be immediate. When stopped, work shall be resumed only after the CONSULTANT has satisfactorily corrected the offending condition(s).

It is expressly understood that the requirements of safety in conduct of the work to be performed hereunder shall be fundamental to the execution of the work and to the preparation of proposals and Bids. No special payment allowances other than those appearing on the Bid Sheet

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shall be provided to cover the costs of preparing and implementing the Contract Safety Plan. All costs associated with the Plan shall incorporate into the amounts recorded by the CONSULTANT S Task Order.

EE. Intentionally Omitted

FF. Intentionally Omitted

GG. Intentionally Omitted

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HH. NON-DISCRIMINATION DRPA

Minority-Owned Business Enterprise (MBE) &

Women-Owned Business Enterprise (WBE) Program

(A) Statement of Purpose

The Delaware River Port Authority (Authority) is firmly committed to providing equal employment and contracting opportunities for all persons regardless of race, color, religion, sex, national origin, age or non-job-related disability. In that regard, the Authority will affirmatively assure that, in regard to any Authority purchase agreement issued or Contract entered into pursuant to this project, all qualified persons will be afforded equal opportunity to participate in the contract process and will not be discriminated against on grounds of race, color, religion, sex, national origin, age or non-job-related disability.

(B) Definitions

1. "Minority-owned Business Enterprise" (MBE) means a certified business which is at least 51% owned and controlled by one or more persons who are minorities, and whose management and daily business operations are controlled by one or more of the minorities who own the enterprise.

2. "Woman-owned Business Enterprise" (WBE) means a certified business which is at least 51% owned and controlled by one or more women, and whose management and business operations are controlled by one or more of the women who own the enterprise.

3. "Subconsultant" means any individual, partnership, firm, or corporation, or any acceptable combination thereof, to which the Consultant subcontracts part of the work pursuant to the applicable contract specifications.

4. "Work" means the furnishing of all labor, services, materials, equipment, tools, transportation, supplies, and other incidentals necessary or convenient to the successful completion by the Consultant of the construction described in the contract documents and the carrying out of all duties and obligations imposed by the contract documents on the Consultant.

5. Providers of Bona Fide Services - for purposes of this project, bona fide services include professional, technical, consultant or managerial services and assistance in the procurement of essential personnel, facilities, equipment, materials or supplies required for performance of the contract, fees

charged for delivery or materials and supplies required on a job site (but not the cost of the materials and supplies themselves) when the MBE/WBE hauler, trucker or delivery service is not also the manufacturer of or a regular dealer in the materials and supplies.

(C) MBE and WBE Goals

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1. The Consultant is hereby advised that the Authority will affirmatively assure that in regard to any Agreement issued or Contract entered into pursuant to this project, certified MBEs and WBEs shall be afforded every opportunity to submit proposals for consideration and will not be discriminated against on grounds of race, color, religion, sex, national origin, age or non-job-related disability.

2. The participation of certified MBEs/WBEs subconsultants and suppliers is a matter of great interest in the evaluation of all proposals. To that extent, the Authority has established the following participation goals for certified MBEs and WBEs:

MBE WBE

7% 3%

These goals are based on a careful review of the project scope, contracting and supplier opportunities, the estimated overall dollar value of the project, and the number of ready, willing and able MBEs and WBEs in our database that may likely be able to participate on the project as a subconsultant or supplier. The goals shall serve exclusively as a guide in determining Consultant responsibility. Attainment of the goals is not a measure of proposal responsiveness, but will be considered in measuring whether a firm is a responsible contractor or consultant.

3. The total dollar value of a subcontract with a firm that is owned and controlled both by a minority and a woman shall be counted toward either the MBE goal or the WBE, but not both. The Consultant shall choose the goal to which the contract value is to be applied. DRPA will not make this election for the proposing Consultant.

4. At the time the proposal is submitted, the Consultant shall submit its MBE and WBE commitments to the Authority s Office of Business Development & Equal Opportunity. The MBE/WBE solicitation and commitment information shall be recorded on the appropriate forms included in the Request for Proposal package. The completed Solicitation and Commitment Forms shall become part of this Agreement and are hereby incorporated herein by reference. Consultants who do not meet the established goals will be required, to submit evidence of their good faith efforts to solicit and commit to MBE and WBE firms.

5. CONSULTANT shall submit the MBE/WBE Solicitation and Commitment forms with each task order proposal. Additionally, with each task order submission, using the Authority's Monthly Payment Status Report for Subconsultants & Providers of Bona Fide Services Form, CONSULTANT shall provide status to date of MBE/WBE commitments and payments for the entire General Engineering Contract.

CONSULTANT shall make a substantial good faith effort to meet or exceed MBE/WBE goals on each task order. DRPA reserves the right to request evidence that the CONSULTANT has made a substantial good faith effort to meet MBE/WBE goals on task order proposal submissions.

However, if CONSULTANT feels that it cannot secure MBE/WBE participation for a particular task order, CONSULTANT shall propose that the task order have no

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MBE/WBE participation. CONSULTANT shall submit a narrative as to why it cannot secure MBE/WBE participation for a particular task order for DRPA review and approval. In the event the DRPA approves the issuance of a task order with no MBE/WBE participation, the CONSULTANT will not be required to submit the monthly status reports for that particular task order.

5. The Authority may at any time require such other information or inspections as it deems necessary to determine the compliance of any Consultant with the terms and spirit of these nondiscrimination provisions. The Consultant shall fully cooperate with a compliance review in accordance with the goals and requirements specified in the contract. Unreasonable delays or failures to provide requested information or otherwise to cooperate with the DRPA may result in the withholding of contract payments and may be deemed a breach of this Contract.

(D) Certification

1. The Consultant has the sole responsibility of obtaining certified MBE and WBE firms for use on this project. Each MBE and WBE the Consultant intends to use as subconsultant(s) or supplier(s) must have a current MBE or WBE certification issued by a certifying entity recognized by the Authority. Only firms whose certification status as MBEs and WBEs is current, at the time of Contract execution, shall be recognized as certified firms.

2. The Authority does not

certify firms as MBEs or WBEs. It does, however, accept certifications from the following federal, state and local agencies: Commonwealth of Pennsylvania Department of General Services; The City of Philadelphia Minority Business Enterprise Council (MBEC); Southeastern Pennsylvania Transportation Authority (SEPTA); Allegheny County Office of Minority/Women/Disadvantaged Business Enterprise; Port Authority of Allegheny County Disadvantaged Business Enterprise Division; New Jersey Transit; The Port Authority of New York & New Jersey; City of Camden; Women s Business Enterprise National Council (WBENC); National Minority Supplier Development Corporation (NMSDC); and the U.S. Small Business Administration.

3. For assistance locating certified MBE and WBE firms, the Consultant is encouraged to visit the Office of Business Development & Equal Opportunity s website at www.drpa.org/obdeo. Once on the site, scroll over to the blue section on the far right-hand side and click MBE & WBE Directory. Then click View the Directory

to perform specific searches. For additional assistance locating certified MBEs and WBEs the Consultant may contact the Office of Business Development & Equal Opportunity at (856) 968-2270 or (215) 218-3750, extension 2270.

(E) Ongoing Monitoring

1. At the kick-off meeting the Consultant will be required to submit a copy of a fully executed subcontract or purchase order between the Consultant and each of the MBE and WBE subconsultants/suppliers it will use on the project.

2. Each month the Consultant shall submit the original "Monthly MBE/WBE Status Report" to the DRPA Director of Engineering/Chief Engineer along with the partial payment estimate. At the same time, the Consultant shall also submit a copy of the Monthly Status Report to

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the Director of DRPA s Office of Business Development & Equal Opportunity for processing. The Monthly Status Report must be submitted each month even when no MBE and WBE subconsultants/suppliers worked.

3. Periodically, DRPA staff will conduct unannounced site visits to ensure that M/WBE firms are working on the project.

(F) Payments

1. When a Consultant who has contracted with the DRPA has received a payment or payments from the DRPA for work performed, the Consultant must deliver within tem (10) calendar days from the receipt of payment from the DRPA, the proportionate share of the payment for the work performed to subconsultants specified in the contract. In the event that the Consultant has not made such payments, he or she will be required to submit a written explanation satisfactory to the DRPA for failure to make such payments.

2. Other than as required by the work to be performed for the DRPA, the Prime Consultant shall not impose upon MBE and WBE subconsultants and suppliers more restrictive insurance and bonding requirements than are placed upon other subconsultants and suppliers on the project.

(G) Determination of Non-Compliance

The following shall constitute compliance concerns:

1. documentation or information furnished by the Consultant which fails to demonstrate that MBEs or WBEs are performing the work as indicated by the Consultant on the forms included in the Consultant s proposal;

2. unreasonable failure, refusal or delay by the Consultant to furnish forms and other information requested by the Authority s Office of Business Development & Equal Opportunity in support of its monitoring efforts;

3. discovery of information that is contrary to information previously submitted by the Consultant;

4. failure of the Consultant to execute a written contract or purchase order with its MBE and/or WBE subconsultants and suppliers;

5. failure of the Consultant to deliver to its subconsultants and suppliers within seven (7) business days, their proportionate share of the payment for the work performed; and

6. such other reasons that reasonably indicate that the Consultant is not in compliance with the Authority s MBE & WBE Program.

In the event the Authority determines it has reasonable cause to believe that a Consultant is not in compliance with the provisions of the Authority s MBE and WBE Program, the

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Authority s Office of Business Development & Equal Opportunity shall promptly cause written notice to be sent by mail to the Consultant. The notice shall clearly state the areas of non-compliance and require the Consultant to show cause within five (5) calendar days why it should not be found in breach of contract.

Based upon information supplied by the Consultant, if any, the Authority shall make a final recommendation as to whether the Consultant is in compliance with contract requirements. If a recommendation of non-compliance is rendered, the Director of the OBD&EO shall notify the Authority s General Counsel and make recommendations regarding appropriate remedies. The Authority s General Counsel, in consultation with the Authority s Chief Executive Officer and the Authority s Office of Business Development & Equal Opportunity, shall make a final determination regarding non-compliance and take such steps as are appropriate under the circumstances.

II. DRPA NO SMOKING POLICY

The Consultant must submit in their Contract Safety Plan, as described in Section DD, entitled Contract Safety Plan , a Company No Smoking Policy for this project to be reviewed and approved by the DRPA Safety Department.

Consultant and Subconsultant employees and supervision will not be permitted to smoke in any DRPA/PATCO buildings or vehicles. Consultant and Subconsultant employees and supervision may smoke at DRPA/PATCO designated smoking areas if their work is located in a port authority building. It is impossible to identify all designated smoking areas for construction/contractor work sites on the bridges or roadway, as they vary from project to project. However, the DRPA will insist that each consultant comply with the DRPA no smoking policy in buildings, vehicles or areas containing hazardous materials.

At each job site, the Consultant and the DRPA and/or PATCO safety department will designate a smoking area for Consultant and Subconsultant employees. The area will include, but not be limited to, the following conditions:

No smoking in immediate work areas.

Smoking will be permitted only at designated smoking areas, at least 100 feet from work areas.

Designated smoking areas must have a smoking sign that indicates this is a designated smoking area. A cigarette butt container with sand must be available to extinguish smoking materials. Cigarette butts will not be permitted to be discarded on the ground or work area.

An approved fire extinguisher(s) will be available at the designated smoking area and within traveling distance of 100 feet in all directions of designated smoking area. A cigarette butt container with sand will be provided.

Consultant and Subconsultant employees must be trained in the proper use of fire extinguishers.

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No smoking within 100 feet of flammable liquids, approved flammable liquid containers, and flammable materials.

No smoking within 100 feet of storage and or use of flammable compressed gas cylinders or gas cylinders that support combustion.

No smoking within 100 feet of combustible materials.

Positively NO SMOKING within 100 feet of gas pump area.

Violation of the terms of this policy will result in the immediate dismissal of the offending employee.

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SUMMARY OF RATES FOR GENERAL CONSULTING ENGINEERING SERVICES

MARINE ENGINEERING AND NAVAL ARCHITECTURE

1. Direct Labor Rates

Classification Hourly Rate

Project Principal Project Manager Project Engineer Senior Engineer Engineer Architect Assistant Engineer Engineer Trainee Technician CAD Drafter Survey Crew Chief Survey Staff Clerical

2. Overhead (as a percentage of Direct Labor)

3. Profit (maximum 10%)

NOTE: Any material, supplies or other things acquired by the Consultant that has a remaining useful life after completion of the work and for which the Consultant receives reimbursement shall be delivered to the Authority prior to receive of final fee payment.

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