2-BIDDOC 6000003015.pdf

4 World Trade Center, 150 Greenwich Street,21st Floor, New York, NY 10007

REQUEST FOR QUOTATION

Quantity Description Unit Price Total

THREE (3) YEAR REQUIREMENTS CONTRACT TO FURNISH

AND DELIVER POLICE SINGLE-PURPOSE CANINES FOR THE

PORT AUTHORITY POLICE DEPARTMENT

CONTRACT TO COMMENCE ON OR ABOUT 09/15/2025 -

09/14/2028

Facility Locations:

Port Authority Police Department K-9 Unit

1170 McLester Street, Suite 4

Port Elizabeth, NJ 07201

The following attached documents contain bid submittal requirements to be made part of this contract:

1) Attachment A – Scope of Work

2) Exhibit 1: Contractor’s Pricing Sheet

3) M/WBE and SDVOB Participation Plans

Form and Submission of Bid

The Port Authority has temporarily ceased public bid openings and will allow for the electronic submission of bids.

PLEASE QUOTE FULLY DELIVERED

PRICE

PAYMENT

TERMS

Total Delivered Price

RFQ Number / Bid Due Date

6000003015 / 09/18/2025

Bids must be received no later than 11:00:00 on the above Bid Due

Date

Deliver Goods/Services To:

Port Authority Technical Center

241 Erie Street - Room 105

JERSEY CITY NJ 07310

USA

Port Authority Procurement Contact Cooper Zablocki /

212-435-4639 / czablocki@panynj.gov

Date 09/04/2025

This Quotation is subject to the terms and conditions set forth back on the pages hereof. Bidder is advised to read these before.

We have read the instructions and, if favored with an order, we agree to furnish the items enumerated herein at the prices and under the conditions indicated.

Signed ______________________________________

Firm Name ___________________________________

Telephone number__________________Date________

Fax Number___________________________________

Federal Taxpayer ID ____________________________

Bidder

Must

Sign

In

Two

Places

NOTICE TO BIDDERS: Unless the following term of assurance that the above offer is irrevocable is signed, the offer submitted herein shall not be deemed to be complete.

The foregoing offer shall be irrevocable for 90 days after the date on which the Port Authority of New York and New Jersey opens this proposal.

Signed______________________________Date___________

Firm Name__________________________________________

Quantity Description Unit Price Total

The Port Authority of New York and New Jersey has temporarily ceased public bid openings and will allow for the digital submission of certain bids using the Bonfire platform, accessible via the link https://panynj.bonfirehub.com/portal/?tab=openOpportunities.

Bidders MUST register in order to download the solicitation documents and associated information regarding the referenced solicitation and in order to upload bid submissions. Registration on the Bonfire platform requires a separate and distinct registration from all other Port Authority platforms.

Sealed bids for the referenced solicitation will be received by the

Port Authority any time up to but not later than the due date and time indicated in the solicitation document. The Port Authority will accept only those bids in electronic format, and in the same readable Adobe PDF or in the format as provided by the Port

Authority. Bid submissions will be accepted by upload only at https://panynj.bonfirehub.com/portal/?tab=login and must be uploaded timely so as to be received by the Authority by the deadline in order to be considered.

Hand deliveries and mailed deliveries (e.g., UPS, USPS) will not be accepted. The Port Authority may request an original, signed paper submission at any time following the Bid Due Date. If requested, such original, signed paper submission must be identical to the electronic submission. In the event of a discrepancy, the electronic submission shall control.

NOTICE TO BIDDERS: Unless the following term of assurance that the above offer is irrevocable is signed, the offer submitted herein shall not be deemed to be complete.

The foregoing offer shall be irrevocable for 90 days after the date on which the Port Authority of New York and New Jersey opens this proposal.

Signed______________________________Date___________

Firm Name__________________________________________

REQUEST FOR QUOTATION

We have read the instructions and, if favored with an order, we agree to furnish the items enumerated herein at the prices and under the conditions indicated.

Signed ______________________________________

Firm Name ___________________________________

Telephone number__________________Date________

Fax Number___________________________________

Federal Taxpayer ID ____________________________

Bidder

Must

Sign

In

Two

Places

PLEASE QUOTE FULLY DELIVERED

PRICE

PAYMENT

TERMS

Total Delivered Price

This Quotation is subject to the terms and conditions set forth back on the pages hereof. Bidder is advised to read these before.

Date 09/04/2025

RFQ Number / Bid Due Date

6000003015 / 09/18/2025

Quantity Description Unit Price Total

If requested by the Port Authority, the paper submission must be identical to the electronic submission that was submitted by the

Bid Due Date. In the event of a discrepancy, the electronic submission shall take precedence.

THERE WILL BE NO PUBLIC BID OPENINGS AND HAND

DELIVERIES WILL NOT BE ACCEPTED. Bid results will be posted to the Port Authority’s website as soon as they are available.

By submitting this Bid, the Bidder offers to assume the obligations and liabilities imposed upon it herein and expressly makes the representations and warranties required to be made by it in this document.

Questions concerning Bonfire may be addressed to the contact provided on the Bonfire platform.

Questions concerning this solicitation shall be addressed only to the Buyer.

Purchase of K9s for PAPD

This item covers following services

1.00 Purchase of K9s for PAPD

NOTICE TO BIDDERS: Unless the following term of assurance that the above offer is irrevocable is signed, the offer submitted herein shall not be deemed to be complete.

The foregoing offer shall be irrevocable for 90 days after the date on which the Port Authority of New York and New Jersey opens this proposal.

Signed______________________________Date___________

Firm Name__________________________________________

REQUEST FOR QUOTATION

We have read the instructions and, if favored with an order, we agree to furnish the items enumerated herein at the prices and under the conditions indicated.

Signed ______________________________________

Firm Name ___________________________________

Telephone number__________________Date________

Fax Number___________________________________

Federal Taxpayer ID ____________________________

Bidder

Must

Sign

In

Two

Places

PLEASE QUOTE FULLY DELIVERED

PRICE

PAYMENT

TERMS

Total Delivered Price

This Quotation is subject to the terms and conditions set forth back on the pages hereof. Bidder is advised to read these before.

Date 09/04/2025

RFQ Number / Bid Due Date

6000003015 / 09/18/2025

Date 09/04/2025

PA280/06-2025

TERMS AND CONDITIONS

1. For the purposes of this Request For Quotations (RFQ), the terms ''Authority,'' ''Port Authority,'' or ''PA'' mean the Port Authority of New York and New Jersey and/or the Port Authority Trans Hudson Corporation (''PATH,'') as applicable.

2. The Port Authority reserves the right to request information relating to seller's responsibility, experience and capability to perform the work.

3. Prices must be quoted in United States Dollars. All figures inserted will be interpreted as being quoted in United States Dollars. Unless otherwise specified, unit prices shall be quoted to two (2) decimal places.

4. Unless otherwise provided, complete shipment of all items must be in one delivery FOB delivery point freight included. Payment will not be made on partial deliveries unless authorized in advance by the PA and any discount, if applicable, will be taken on the total order.

5. Inspection and acceptance will be conducted at the delivery point, unless otherwise provided. Any risk of loss will be the seller's responsibility until such delivery and acceptance is made, unless loss results from negligence of the Authority.

6. PA payment terms are net 30 days. Cash discounts for prompt payment of invoices may be quoted, but will not be considered in determining award. If awarded a PO as a result of this RFQ, the seller shall comply with the Port Authority’s required invoice submission process, including, but not limited to submitting invoices electronically, for acceptance and verification by the authorized Port Authority personnel. Once approved invoices will be processed for payment. If notification is communicated that electronic invoicing is not available, invoices are to be sent electronically to the Contract Administrator.

7. Separate unit and total FOB delivered prices must be shown. In the event of a discrepancy between unit prices and total prices, unit prices will govern.

8. Sales to the PA and to PATH are currently exempt from New York and New Jersey State and local taxes and generally from federal taxation. The seller certifies that there are no federal, state, municipal or any other taxes included in the prices shown hereon.

9. The PA shall have the absolute right to reject any or all quotes or to accept any quote in whole or part and to waive defects in quotes.

10.Unless ''no substitute'' or ''no approved equal'' is indicated, seller may offer alternate manufacturer/brands, which shall be subject to Port Authority approval. Please indicate details of product being offered with its quote.

Brand name or equal descriptions are used as a means to define the performance or other salient characteristics of procurements. In the subject RFQ, even if the phrase ''or approved equal'' is inadvertently omitted, it is implied after any brand name.

11.Acceptance of seller's offer will be only in writing, authorized by the PA. No changes shall be made to any agreement resulting from this RFQ, except in writing, authorized by the PA.

12.If the seller fails to perform in accordance with the terms of this RFQ, or the terms of any agreement resulting from this RFQ, the PA may obtain the goods or services from another contractor and charge the seller the difference in price, if any, a reletting cost of $100, per order included in this RFQ, plus any other damages to the

PA.

13.The PA may cancel this RFQ at any time, when it is in the PA's best interest, via an addendum. The PA may terminate any agreement resulting from this RFQ, in accordance with terms and conditions of that agreement, in which case the successful seller (''Vendor'') shall be paid for items received and accepted, including shipping costs, if applicable, up to the time of termination, unless otherwise provided for in that agreement. The Vendor shall promptly submit its final invoice to the PA to be paid to the Vendor.

14.Upon request, sellers are encouraged to extend the terms and conditions of any agreement resulting from this RFQ with the PA to other government and quasi-government entities by separate agreement.

15.By signing this RFQ, the seller certifies to all relevant statements on Form PA 3764A (copy can be obtained at http://www.panynj.gov/business-opportunities/become-vendor.html), including but not limited to those relating to the submission of bids. As set forth on PA 3764A, the PA has adopted a policy that it will honor a determination by an agency of the State of New York or New Jersey that a seller is not eligible to bid on or be awarded public contracts because the seller has been determined to have engaged in illegal or dishonest conduct or to have violated prevailing wage legislation. The terms and conditions of PA 3764A will apply to any agreement resulting from this RFQ.

16.The Vendor may subcontract the services or use a supplier for the furnishing of materials required hereunder to such persons or entities as the PA, may, from time to time, expressly approve in writing. All further subcontracting shall also be subject to such approval by the PA. All persons to whom the Vendor subcontracts services shall be deemed to be its agents and no subcontracting or approval thereof shall be deemed to release the Vendor from its obligations under any agreement resulting from this RFQ.

17.The Vendor may not assign any subsequent agreement resulting from this RFQ without written consent of the PA.

18.The Vendor shall not issue nor permit to be issued any press release, advertisement, or literature of any kind, which refers to the Port Authority or that goods will be, are being or have been provided to it and/or that services will be, are being or have been performed for it in connection with this RFQ or any subsequent Agreement, unless the vendor first obtains the written approval of the Port Authority. Such approval may be withheld if for any reason the Port Authority believes that the publication of such information would be harmful to the public interest or is in any way undesirable.

19.Notwithstanding anything to the contrary, the seller acknowledges that the Port Authority's obligations, if any, under this RFQ, or any agreement resulting from this RFQ, are subject to the provisions of its Public Records Access Policy, and any amendments thereto, and any disclosure made pursuant thereto is not a violation of this RFQ. The Port Authority Public Records Access Policy can be found at https://www.panynj.gov/corporate/en/public-record-access.html, and is incorporated herein.

20.Neither the Commissioners of the Port Authority, nor Directors of PATH, nor any of them, nor any officer, agent or employee thereof, shall be charged personally by any seller with any liability, or held personally liable to any Contractor under any term or provision of this RFQ (or any agreement resulting from this RFQ), or because of its execution or attempted execution, or because of any breach, or attempted or alleged breach, thereof.

21.MBE/WBE/SDVOB GOOD FAITH PARTICIPATION - The Vendor shall use every good-faith effort to provide for participation by Port Authority Certified Minority Business Enterprises (MBEs), Port Authority Certified Women-owned Business Enterprises (WBEs) and Port Authority certified Service-disabled Veteran-owned Business Enterprises (SDVOBs) in all purchasing and subcontracting opportunities associated with any agreement resulting from this RFQ, including purchase of equipment, supplies and labor services. If this RFQ contains participation goals, the Vendor shall use good faith efforts to achieve the goals.

Good faith efforts to include and facilitate participation by MBE/WBE/SDVOBs shall include, but not be limited to the following:

A. Dividing the services and materials to be procured into smaller portions, where feasible.

B. Giving reasonable advance notice of specific contracting, subcontracting and purchasing opportunities to such MBE/WBE/SDVOBs as may be appropriate.

C. Soliciting services and materials from a Port Authority certified MBE/WBE/SDVOB. To access the Port Authority's Directory of MBE/WBE/SDVOB Port Authority certified firms go to http://www.panynj.gov/business-opportunities/sd-mwsdbe-profile.html.

D. Ensuring that provision is made to provide progress payments to MBE/WBE/SDVOBs as defined in the prompt payment provision below.

E. Observance of reasonable commercial standards of fair dealing in the respective trade or business.

For additional information on good faith efforts, refer to “What Are Good Faith Efforts” at https://www.panynj.gov/port-authority/en/business-opportunities/Vendor-Resources.html.

22.If this solicitation has not been set aside for the purposes of making an award based on bids solicited from Port Authority certified Minority Business, Women Business, Small Business Enterprises or Service-disabled Veteran-owned Business Enterprises as indicated within this RFQ, a price preference of 10% is available for NY/NJ Minority and Women Business Enterprises (M/WBEs), 5% for NY/NJ Small Business Enterprises (SBEs), or 10% for Service-disabled Veteran-owned Business Enterprises (SDVOBs) certified by the Port Authority (PA) by the day before bid opening for awards not exceeding one million dollars ($1,000,000).

23.Non-Discrimination Requirements - The Vendor shall take all necessary and reasonable steps to ensure non-discrimination in the performance and administration of all aspects of any agreement resulting from this

RFQ.

A. Vendor hereby agrees that no person on the ground of race, color, national origin, creed / religion, sex, age, or handicap / disability shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the furnishing of goods or services or in the selection and retention of subcontractors and /or vendors under any agreement resulting from this RFQ. Vendor shall also ascertain and comply with all applicable federal state and local laws, ordinances, rules, regulations and orders that pertain to equal employment opportunity and non-discrimination in employment.

B. Vendor agrees that these ''Non-Discrimination Requirements'' are a binding part of any agreement resulting from this RFQ. Without limiting the generality of any other term or provision of this RFQ or any agreement resulting from this RFQ, in the event the Authority, or a state or federal agency finds that the Vendor or any of its subcontractors or vendors has not complied with these ''Non-Discrimination Requirements,'' the Authority may cancel, terminate or suspend this RFQ or any agreement resulting from this RFQ.

C. Vendor agrees to cooperate fully with the Authority's investigation of allegations of discrimination.

Cooperation includes, but is not limited to, allowing the Authority to question employees during the investigation of allegations of discrimination, and complying with directives that the Authority or the State or Federal government deem essential to ensure compliance with these ''Non-Discrimination Requirements.''

24.To the extent permitted by law, the Vendor shall indemnify and hold harmless the Port Authority, its Commissioners, Directors, agents, servants, officers, representatives and employees from and against all claims and demands, just or unjust, of third persons (including Vendor's agents, servants, officers, representatives and employees) arising out of or in any way connected to or alleged to arise out of or alleged to be in any way connected with any subsequent agreement resulting from this RFQ and all other services and activities of the Vendor under any subsequent agreement resulting from this RFQ and for all expenses incurred by it and by them in the defense, settlement or satisfaction thereof. The Vendor assumes the following risks, whether such risks arise out of or are in any way connected to the Vendor's operations or to its performance of work under any agreement resulting from this RFQ, or arise out of acts or omissions (negligent or not) of the Vendor, the Port Authority or third persons (including agents, servants, officers, representatives, Commissioners, Directors and employees of the Port Authority and the Vendor) or from any other cause, excepting only risks occasioned solely by affirmative willful acts of the Port Authority done subsequent to the opening of bids/quotes on this RFQ, and shall to the extent permitted by law indemnify the Port Authority for all loss or damage incurred in connection with such risks: (a) the risk of any and all loss or damage to Port Authority or Vendor property, equipment, materials and possessions, and those of Vendor's agents, employees, materialmen or others performing work under any agreement resulting from this RFQ, on or off the premises, the loss or damage of which shall arise out of the Vendor's operations under any agreement resulting from this RFQ; and (b) the risk of claims, whether made against the Vendor or the Port Authority, including those, whether just or unjust, of third persons (including agents, servants, officers, representatives, Commissioners, Directors and employees of the Port Authority and the Vendor), for any and all injuries, loss or damages occurring to any property, equipment, materials and possessions of the Contractor's agents, employees, materialmen and others performing work under any agreement resulting from this RFQ.

25.Seller's attention is directed to the Port Authority's "Code of Ethics for Port Authority Vendors" (the "Code").

The Code will be made apart of any agreement resulting from this solicitation. The Code can be found at https://www.panynj.gov/business-opportunities/become-vendor.html.

26.The PA has transitioned to an all electronic method of paying its vendors and contractors via an Automated Clearing House (ACH) funds transfer. The Vendor must complete the Port Authority's ''Authorization Agreement For Direct Deposits And Direct Payments (ACH Credits)'' form, which is available at http://www.panynj.gov/business-opportunities/become-vendor.html, in order to receive payment. To avoid delays in payments for commodities and services provided, vendors and contractors must be enrolled in ACH.

The Authorization Agreement shall remain in full force and effect until the Port Authority has received written notification from the Vendor of its termination in such time and in such manner as to afford the Port Authority and the depository financial institution(s) a reasonable opportunity to act on it. Any questions on this initiative may be directed to the ACH Enrollments contact line at 201 216-6002 or emailed to

ACHENROLLMENT@PANYNJ.GOV.

27.Prospective Bidders are advised that additional vendor information , including but not limited to, forms, documents and other information, including protest procedures, may be found on the Port Authority website at:

http://www.panynj.gov/business-opportunities/become-vendor.html.

28.The Contractor shall provide its personnel, and shall require its subcontractors to provide their personnel, with Personal Protective Equipment (PPE) prior to entering the Facility, and shall replenish PPE periodically as appropriate. PPE is equipment worn to minimize exposure to hazards that may cause serious injuries and illnesses at the workplace. These injuries and illnesses may result from contact with biological, chemical, radiological, physical, electrical, mechanical, or other workplace hazards. PPE may include, but shall not be limited to, items such as face coverings, gloves, safety glasses, shoes, earplugs, muffs, hard hats, respirators, coveralls, vests and full body suits. The Contractor shall require its personnel, and shall require its subcontractors to require its personnel, to utilize such PPE as appropriate to the Facility and Work covered under the Contract or as may be required by the Port Authority. Regardless of the type of Work, face coverings may be required at Port Authority Facilities.

29.Where applicable, the Contractor shall make best efforts to provide sustainable packaging, in furtherance of the Port Authority's sustainability goals, as set forth in the Port Authority's Sustainable Packaging Guidelines, which can be found at https://www.panynj.gov/content/dam/port-authority/pdfs/supplier-diversity/sustainable-packaging-guidelines.pdf.

30.This Contract may be signed by a party, either by hand, or with an electronic signature affixed digitally and in each case, this Contract may be personally delivered or sent by email or other electronic means after execution.

Any such means of execution and transmittal shall have the same binding and legal effect.

ATTACHMENT A – SCOPE OF WORK

1. GENERAL INFORMATION: THE PORT AUTHORITY OF NEW YORK AND NEW

JERSEY

The Port Authority is an agency of the States of New York and New Jersey (“Port Authority” or “Authority” or “PANYNJ”), created and existing by virtue of the Compact of April 30, 1921, made by and between the two States, and thereafter consented to by the Congress of the United States. It provides transportation, a terminal, and other facilities for trade and commerce within the Port District. The Port District comprises an area of about 1,500 square miles in both States, centering around New York Harbor. The Port District includes the Cities of New York and Yonkers in New York State, the cities of Newark, Jersey City, Bayonne, Hoboken, and Elizabeth in the State of New Jersey, and over 200 other municipalities, including all or part of seventeen counties, in the two States. For Background with respect to the Port Authority, see www.panynj.gov. Additionally, the most recent electronic version of the Authority’s Annual Report is available at https://www.panynj.gov/corporate/en/financial-information/annual-report.html.

2. GENERAL AGREEMENT

Three (3) year Contract to furnish and deliver police single-purpose canines for the Port Authority Police Department (PAPD). The term of this Contract (the "Base Term") shall be for a duration of three (3) years, commencing on or about September 15, 2025, to September 14, 2028, unless sooner terminated. Any extension of the contract shall be documented in writing and shall be subject to the terms and conditions set forth herein unless otherwise specified in the extension agreement.

3. SPECIFIC BIDDER’S PREREQUISITES

A) The Bidder shall have had at least three (3) year(s) of continuous experience immediately prior to the date of submission of its Bid in the management and operation of providing police canines and during that time shall have actually engaged in providing said or such services to commercial or industrial accounts under contract. The Bidder may fulfill this prerequisite if the Bidder can demonstrate to the satisfaction of the Port Authority that the persons or entities owning and controlling the Bidder have had a cumulative total of at least three (3) year(s) of experience immediately prior to the date of the submission of its Bid in the management and operation of a business actually engaged in providing these services to commercial or industrial accounts under contract during that time, or have owned and controlled other entities which have actually engaged in providing the above described services during that time period.

B) During the time period stated in (a) above, the Bidder, or persons or entities owning and controlling the Bidder, shall have satisfactorily performed or shall be performing under at least one (1) contract(s) requiring similar services of similar scope to those required under this Contract.

http://www.panynj.gov/ https://www.panynj.gov/corporate/en/financial-information/annual-report.html https://www.panynj.gov/corporate/en/financial-information/annual-report.html

4. SPECIFICATIONS

A) Health:

The Contractor guarantees that on the date of delivery of the canine(s), the canine(s) will be in good physical condition capable to perform the duties it has been selected to perform.

The Contractor further guarantees the good health of the canine for a period of two (2) years from the date of delivery to the PAPD. Upon delivery of the canines, the Contractor will provide to PAPD all documented veterinary records including but not limited to all required vaccines, X-Rays of elbows, hips, and shoulders. The PAPD will retain the right to have its own veterinarian examine the canines within fourteen (14) calendar days of receipt of the canine to verify the canine’s health. In the event one of the canine’s physical conditions prohibits the canine to perform the duties required herein, the Contractor must replace the canine with another canine of like quality as set forth in this contract within ten (10) business days, at no additional cost to the Port Authority.

The Contractor will further guarantee the Police canine against genetic defects for two (2) years from the date of receipt by the PAPD. In the event the canine develops congenital structural defects of such a magnitude to prevent it from performing its duties as required herein within a period of two (2) years from the date of receipt by the PAPD. Within ten

(10) business days from when PAPD returns the canine due to the canine’s inability to perform the duties required herein, the Contractor must replace the canine with another canine of like quality as set forth in this Contract, at no additional cost to the Port Authority.

B) Requirements:

The canine must be guaranteed to pass the PAPD scent detection tests which are based on the New Jersey Attorney General Guidelines for law enforcement training. If the canine is incapable of passing the above-mentioned certification, the Contractor will replace the canine with a canine of like quality within ten (10) business days from the date of receipt by the PAPD, at no additional cost to the Port Authority. The Contractor must be currently licensed and or permitted by the governing agency of his or her State or County or City or Town to sell canine(s) and maintain said license and or permit throughout the contract period.

The contractor is responsible to successfully supply and deliver on an as needed basis single purpose scent detection canines to the Port Authority Police Department (“PAPD”) as per the specifications below:

i. The single purpose canines shall be between twelve (12) and twenty-four

(24) months old at the time of selection.

ii. All female dogs will be spayed.

iii. The Contractor shall only provide imported European canines as German Shepherd, Belgian Malinois, Dutch Shepherd or any other breed at the request of the PAPD to suit the needs of the Department. A domestically bred canine may be considered if determined to be the best canine available following the initial screening process.

C) Selection:

The Contractor must have a minimum of five (5) additional canines at the Contractors facility for everyone (1) canine to be purchased when PAPD goes to Contractor facility or when the Contractor brings the canines to the PAPD K9 training facility for selection and initial screening purposes.

For screening purposes by the PAPD, within ten (10) business days of request by the PAPD, the Contractor must transport the potential canines to the Port Authority Police Department Canine Training Center, located in Newark, NJ.

Screening of potential canines will be conducted at the PAPD Canine Training Facility and any other Port Authority facilities including an airport and PATH train station for fitness as well as to be able to work undistracted by large crowds, loud noises and other environmental challenges such as elevators, escalators and tile/marble flooring which can be found at Port Authority facilities. This assessment will include a simulated hide to evaluate drive and the canine’s sniffing abilities. This assessment may require the canine(s) to remain overnight at the PAPD canine training center, once the initial screening process is complete the Contractor will be responsible for picking up the remaining canines for return purposes to the contractor facility.

D) Site Inspection of the Contractor’s Facility:

Prior to award, the PAPD may conduct a site/kennel inspection of the Contractors facility to check the canines, premises, building(s), enclosures, and equipment to ensure the facility is in a good state of repair, keeping the canines from injury.

E) The Contractor shall be responsible for delivery of the canines to the Port Authority’s facility located at the following address:

Port Authority Canine Training Center 1170 McLester St, Suite 7 Elizabeth, NJ 07201

5. OPTION/EXTENSION PERIOD

The Port Authority shall have the absolute right to extend the Base Term for an additional one (1) year Option Period (hereinafter called the “Option Period”) and up to one hundred and twenty (120) days (hereinafter called the “Extension Period”) subsequent to the Expiration Date of the Base Term or to the Expiration Date of the final exercised Option Period, subject to the same prices (without adjustments), terms and conditions as the previous contract period. If it so elects to extend this Contract, the Port Authority will advise the Contractor, in writing that the term is so extended, and stipulate the length of the extended term, at least thirty (30) days prior to the expiration date of the previous Contract period.

6. PRICE PREFERENCE

A price preference of 10% is available for NY/NJ Minority or Women Business Enterprises (MWBE) or for Service-disabled Veteran-owned Business Enterprises (SDVOBs) or 5% for NY/NJ Small Business Enterprises (SBE) certified by the Port Authority of New York and New Jersey by the day before bid opening for awards not exceeding $1,000,000.

My firm was certified as a _____________ on _________.

7. INSURANCE PROCURED BY THE CONTRACTOR

The Contractor and its subcontractor(s) shall take out, maintain, and pay the premiums on insurance coverages required below, for the life of the Contract. General Liability Insurance shall be written on an ISO occurrence form CG 00 01 0413 or its equivalent covering the obligations assumed by the Contractor under this Contract, and including but not limited to premises-operations, products, completed operations, and independent contractors’ coverage, with contractual liability language covering the obligations assumed by the Contractor under this Contract.

Commercial General Liability Insurance - $2 million per occurrence for bodily injury and property damage liability.

Automobile Liability Insurance (if applicable) - $2 million per accident for bodily injury and property damage liability covering any auto, owned, non-owned, rented or hired automobiles.

Workers’ Compensation and Employers Liability Insurance – to statutory limits and in accordance with the requirements of law in the state(s) where work will take place, and Employer’s Liability Insurance of not less than $1 million for bodily injury by accident and $1 million for bodily injury by disease, and at least a $1 million policy limit.

The liability insurance “other than professional” shall be written on an occurrence basis, as distinguished from a “claims made” basis, and shall not include any exclusions for “action over claims”, insured vs. insured, and shall provide and encompass at least the following coverages: Coverage for explosion, collapse and underground property damage (XCU) is not excluded; The insurance coverage (including primary, excess and/or umbrella) hereinafter afforded by the Contractor and all subcontractor(s) shall be primary insurance and non-contributory with respect to insurance purchased by the additional insureds;

Excess/umbrella policies shall “follow form” to the underlying policy; Excess/umbrella policies shall have a liberalization clause and a drop down provision; To the extent any coverage the Contractor and subcontractor(s) obtains and/or maintains under this Contract contains “Other Insurance” language or provisions, such language or provisions shall not be applicable to the additional insureds or to any insurance coverage maintained by the additional insureds; All insurance policies shall include a waiver of subrogation, unless forbidden by law, in favor of the additional insureds; Defense costs must be outside of policy limits. Eroding limits policies are not permitted; In the event the Contractor and/or its subcontractors obtains and/or maintains insurance in an amount greater than the minimum limits required under this Contract, then the full limits of that insurance coverage will be available to respond to any claim asserted against the additional insureds that arises out of or is in any way connected with this Contract; Additional insureds coverage shall not be restricted to vicarious liability unless required by controlling law.

In addition, the additional insured provisions for the general liability and umbrella liability policy (ies) shall be written on a form at least as broad as ISO Form CG 20 10 10 01 (for ongoing operations work) together with ISO Form CG 20 37 10 01 (for completed operations work) endorsed to also include as an additional insured: “The Port Authority of New York and New Jersey and its related entities, including Port Authority Trans Hudson Corporation, (PATH), their Commissioners, Directors, Superintendents, officers, partners, employees, agents, their affiliates, successors or assigns (include specific additional insureds per property/location)” as Additional Insured (as defined in the policy or in an additional insured endorsement amending the policy’s “Who is An Insured” language as the particular policy may provide). The “Additional Insured” shall be afforded coverage and defense as broad as if they are the first named insured and regardless of whether they are otherwise identified as additional insureds under the liability policies, including but not limited to premises-operations, products-completed operations on the Commercial General Liability Policy. Such additional insureds status shall be provided regardless of privity of contract between the parties. The liability policy (ies) and certificates of insurance shall contain separation of insured or severability of interests clauses so that coverage will respond as if separate policies were in force for each insured. An act or omission of one of the insureds shall not reduce or void coverage to the other insureds. The Contractor is responsible for all deductibles and losses not covered by commercially procured insurance.

Any portion of the coverage to be provided under a Self-Insured Retention (SIR) of the Contractor is subject to prior review and approval of the General Manager, Risk Finance. If any part of the insurance is self-insured, Contractor and its subcontractors agrees to treat all losses within the self-insured retention as though commercial insurance is in place, including providing defense to the Additional Insured. Furthermore, any insurance or self-insurance maintained by the additional insureds shall not contribute to any loss or claim.

If any of the Work is to be done on or at Port Authority facilities by subcontractors and, if the Contractor requires its subcontractors to procure and maintain such insurance in the name of the Contractor, then such insurance as is required herein shall include and cover the additional insureds and it must have insurance limits not lower than those set forth by the Port Authority herein, along with all the insurance requirements in this section known as “Insurance Procured by the Contractor”. All insurance coverage shall be provided by the Contractor and/or by or for any of its subcontractors at no additional expense to the Port Authority and its related entities. A copy of this section titled “Insurance Procured by the Contractor” shall be given to your insurance agent and subcontractors and shall form a part of the covered contract or subcontract for insurance purposes in furtherance of the insurance requirements under this Contract.

Further, it is the Contractor’s responsibility to maintain, enforce and ensure that the type of coverages and all limits maintained by it and any of all subcontractors are accurate, adequate and in compliance with the Port Authority requirements; and the Contractor is to retain a copy of its subcontractors’ certificates of insurance. All certificates of insurance shall be turned over to the Port Authority prior to the start of work, including subcontractors’ work, and upon completion of the Contract. The contractor, its subcontractors and its insurers shall not, without obtaining the express advance written permission from the General Counsel of the Port Authority, raise any defense involving in any way the jurisdiction of any court, tribunal, agency, special district, commission or other authority exercising judicial or regulatory functions over the person of the Port Authority, the immunity of the Port Authority, its Commissioners, directors, officers, agents or employees, their affiliates, successors and/or assigns, the governmental nature of the Port Authority or the provision of any statutes respecting suits against the Port Authority. The Port Authority is an intended third-party beneficiary of the agreement between the Contractor, and each of its respective subcontractors and insurers, with the direct right to enforce the agreement with respect to this provision. Each policy above shall contain an endorsement that the policy may not be canceled, terminated, or modified without thirty

(30) days’ prior written notice to the Port Authority Att: Facility Contract Administrator, at the location where the work will take place with a copy to the General Manager, Risk Finance.

The Port Authority may, at any time during the term of this Contract, change or modify the limits and coverages of insurance.

Within five (5) days after the award of this Contract and prior to the start of any work, the Contractor must submit an original certificate of insurance to the Port Authority Facility Contract Administrator, at the location where the work will take place. This certificate of insurance must show evidence of the above insurance policy (ies), including, but not limited to, the cancellation notice endorsement, and state the contract number prior to the start of work. The Contractor is also responsible for maintaining and conforming to all insurance requirements from the additional insureds and their successors or assigns. The General Manager, Risk Finance must approve the certificate(s) of insurance before any work can begin. Upon request by the Port Authority, the Contractor shall furnish to the General Manager, Risk Finance, a certified copy of each policy, including the premiums.

If at any time the above liability insurance should be canceled, terminated, or modified so that the insurance is not in effect as required, then the Contractor and all subcontractors shall suspend performance of the Contract at the premises until a satisfactory insurance policy (ies) and certificate of insurance is provided to and approved by Risk Finance, unless the Facility or Project Manager directs the Contractor, in writing, to continue to performing work under the Contract. If the Contract is so suspended, no extension of time shall be due on account thereof.

Initial certificates should be submitted to the Port Authority Contract Administrator, Renewal certificates of insurance or policies shall be emailed to certificates-portauthority@riskworks.com, and upon request from the additional insureds, their successors or assigns at least fifteen (15) days prior to the expiration date of each expiring policy. The General Manager, Risk Finance must approve the renewal certificate(s) of insurance before work can resume on the facility. If at any time any of the certificates or policies shall become unsatisfactory to the Port Authority, the Contractor shall promptly obtain a new and satisfactory certificate and policy and provide same to the Port Authority.

Failure by the Contractor to meet any of the insurance requirements, including the requirement that the Port Authority be afforded the full extent of the insurance obtained mailto:certificates-portauthority@riskworks.com mailto:certificates-portauthority@riskworks.com under this Contract without limitation, shall be deemed a material breach of contract and may be a basis for termination of this Contract by the Port Authority.

The requirements for insurance procured by the Contractor and subcontractor(s) shall not in any way be construed as a limitation on the nature or extent of the contractual obligations assumed by the Contractor or its liability under this Contract. The insurance requirements are not a representation by the Port Authority as to the adequacy of the insurance necessary to protect the Contractor against the obligations imposed on it by law or by this or any other contract. CITS01-2025-0272

8. INCREASE AND DECREASE IN AREAS OR FREQUENCIES AND/OR

QUANTITY OF PERSONNEL

The Manager shall have the right, at any time and from time to time in his/her sole discretion, to increase or decrease the areas, frequencies, and/or quantity of personnel of all or any part of the Work required hereunder and/or to add areas not described herein in the Specifications or to remove areas or parts of areas, or reduce frequencies, or to remove quantities of personnel, which are hereunder so described. In the event the Manager decides to change any areas, frequencies and/or quantities of personnel, the Manager will notify the Contractor not less than forty-eight (48) hours prior to the effective date of said changes, which will be specified in said notice.

In the event of an increase or decrease in areas, frequencies, and/or quantities of personnel, the Contractor’s compensation will be adjusted to reflect such change in areas or frequencies utilizing the applicable Unit Price for such Work (for the applicable Contract year) as set forth on the Pricing Sheet(s).

Where no specific Unit Price has been quoted for the type of Work to be increased or decreased, the Manager shall have the right to negotiate the compensation to reflect such change, whether an increase or decrease in areas, frequencies, and/or quantities of personnel, which, in the opinion of the Manager, is necessary to complete the Work, by multiplying the increased or decreased amount by the negotiated rate.

In the event of a decrease, the Contractor shall not be entitled to compensation for Work not performed.

No such change in areas, frequencies, and/or quantities of personnel will be implemented which results in a total increase or decrease in compensation that is greater than fifty percent (50%) of the Total Estimated Contract Price for the Base Term or, if changes are to be implemented during an Option Period, fifty percent (50%) for that Option Period.

Any increases in areas, frequencies, and/or quantities of personnel shall not constitute Extra

Work and, as such, shall not be limited by the Extra Work provisions of this Contract.

9. EXTRA WORK

The Contractor is required to provide separate Materials, supplies, equipment and personnel for Extra Work when such is deemed necessary by the Manager. “Extra Work” as used herein means work which differs from that expressly or impliedly required by the Specifications in their present form. Total Extra Work performed by the Contractor shall not exceed six percent (6%) of the Total Estimated Contract Price of this Contract for the entire term of this Contract including any exercised options or extensions thereof, or six percent (6%) of the Total Estimated Contract Price of each section if this Contract is awarded by separate sections. An increase in areas, frequencies, or quantity of personnel does not constitute Extra Work, but shall be compensable based on the prices in the Pricing Sheet(s) and the paragraph herein titled “Increase or Decrease in Areas, Frequencies or Quantity of Personnel.”

The Contractor is required to perform Extra Work pursuant to a written order of the Manager expressly recognizing such work as Extra Work. If Lump Sum or Unit Price compensation cannot be agreed upon by the parties in writing prior to the start of Extra Work, the Contractor shall perform such Extra Work and the Contractor’s compensation shall be increased by the sum of the following amounts and such amounts only: (1) the actual Net Cost, in money, of the Labor, and Material, required for such Extra Work; (2) ten percent (10%) of the amount under (1) above; (3) such rental as the Manager deems reasonable for plant and equipment (other than small tools) required for such Extra Work; (4) if the Extra Work is performed by a subcontractor, an additional five percent (5%) of the sum of the amounts under (1) through

(3) above.

As used in this numbered clause (and in this clause only):

“Laborer” means laborers, mechanics, and other employees below the rank of supervisor, directly employed at the Site of the Work subject to the Manager or their designee’s authority to determine what employees of any category are “required for Extra Work” and as to the portion of their time allotted to Extra Work; and “cost of labor” means the wages actually paid to and received by such employees plus a proper proportion of (a) vacation allowances and union dues and assessments which the employer actually pays pursuant to contractual obligation upon the basis of such wages, and (b) taxes actually paid by the employer pursuant to law upon the basis of such wages and workers’ compensation premiums paid pursuant to law.

“Employees,” as used above, means only the employees of one employer.

“Net Cost” means the Contractor’s actual cost after deducting all permitted cash and trade discounts, rebates, allowances, credits, sales taxes, commissions, and refunds (whether or not any or all of the same shall have been taken by the Contractor) of all parts and Materials purchased by the Contractor solely for the use in performing its obligation hereunder provided, where such purchase has received the prior written approval of the Manager as required herein. The Contractor shall promptly furnish to the Manager such bills of sale and other instruments as the Manager may require, executed, acknowledged and delivered, assuring to the Manager that title to such materials, supplies, equipment, parts, and tools is free of encumbrances.

“Materials” means temporarily-installed and consumable materials as well as permanently-installed materials.

“Cost of Materials” means the price (including taxes actually paid by the Contractor pursuant to law upon the basis of such materials) for which such Materials are sold for cash by the manufacturers or producers thereof, or by regular dealers therein, whether or not such Materials are purchased directly from the manufacturer, producer or dealer (or if the

Contractor is the manufacturer or producer thereof, the reasonable cost to the Contractor of the manufacture and production), plus the reasonable cost of delivering such Materials to the Site of the Work in the event that the price paid to the manufacturer, producer or dealer does not include delivery and in case of temporarily-installed materials, less their salvage value, if any.

The Manager shall have the authority to decide all questions in connection with Extra Work.

The exercise by the Manager of the powers and authorities vested in him/her by this section shall be binding and final upon the Port Authority and the Contractor.

The Contractor shall submit all reports, records and receipts…