2-HT-224.228 Contract Booklet.pdf

CB02224228

FEMA

S.L.

HOLLAND TUNNEL

INSTALLATION OF STORAGE FACILITY FOR FLOOD

PROTECTION EQUIPMENT

CONTRACT HT-224.228

MAY 2026

This bid is not complete unless bidder's Signature appears on page 23

COMMISSIONERS

Kevin J. O'Toole, Chairman Jeffrey H. Lynford, Vice Chairman J. Christian Bollwage Fanny Cedeno Marie Therese Dominguez Leecia Eve Elizabeth R. Fine

Winston Fisher George Helmy Joseph Kelley Gary LaBarbera Kevin P. McCabe

EXECUTIVE STAFF

Kathryn Garcia, Executive Director Jean Roehrenbeck, Deputy Executive Director Amy Fisher, General Counsel Elizabeth McCarthy, Chief Financial Officer James Heitmann, Chief Operating Officer Derek H. Utter, Chief Development Officer M. Rizwan Baig, Chief Engineer/Director Luke S. Bassis, Chief Procurement Officer John Gay, Inspector General Edward Cetnar, Director, Public Safety Department James McCoy, Secretary

Diannae Ehler, Director, Tunnels, Bridges & Terminals Department

Clarelle DeGraffe, Director, Rail Transit Department

Sarah K. McKeon, Director, Aviation Department

Bethann Rooney, Director, Port Department

Jolene Yeats, Director, World Trade Center Department i

TABLE OF CONTENTS

ADVERTISEMENT ........................................................................................................................................A

CONTRACT INFORMATION SUMMARY ................................................................................................S

INFORMATION FOR BIDDERS

1. FORM AND SUBMISSION OF BIDS

2. PAPERS ACCOMPANYING BIDS

3. QUALIFICATION INFORMATION

4. ACCEPTANCE OR REJECTION OF BID

5. RETURN OF CERTIFIED CHECKS

6. WEBSITE POSTINGS OF CONTRACT DOCUMENTS

7. DISPOSAL OF CONTRACT DOCUMENTS

8. AVAILABLE DOCUMENTS

9. MINORITY, WOMEN-OWNED, AND SERVICE-DISABLED VETERAN-OWNED BUSINESS

ENTERPRISES

10. INSPECTION OF SITE

11. QUESTIONS BY BIDDERS

12. PREVAILING RATE OF WAGE CERTIFICATION

13. CERTIFICATION OF NO INVESTIGATION (CRIMINAL OR CIVIL ANTI-TRUST),

INDICTMENT, CONVICTION, SUSPENSION, DEBARMENT, DISQUALIFICATION,

PREQUALIFICATION DENIAL OR TERMINATION, ETC.; DISCLOSURE OF OTHER

REQUIRED INFORMATION

14. NON-COLLUSIVE BIDDING AND CODE OF ETHICS CERTIFICATION; CERTIFICATION OF

NO SOLICITATION BASED ON COMMISSION, PERCENTAGE, BROKERAGE,

CONTINGENT FEE OR OTHER FEE

15. BIDDER ELIGIBILITY FOR AWARD OF CONTRACTS - DETERMINATIONS BY AN

AGENCY OF THE STATE OF NEW YORK OR NEW JERSEY CONCERNING ELIGIBILITY

TO RECEIVE PUBLIC CONTRACTS

16. CONTRACTOR PERFORMANCE EVALUATIONS

17. CERTIFICATION OF PARTICIPATION IN A UNITED STATES DEPARTMENT OF LABOR-

REGISTERED APPRENTICESHIP PROGRAM

BID

ACKNOWLEDGMENT

STATEMENT ACCOMPANYING BID

BID BOND

ACKNOWLEDGMENT

FORM OF CONTRACT

ii

CHAPTER I - GENERAL PROVISIONS

18. DEFINITIONS

19. GENERAL AGREEMENT

20. AUTHORITY ACCESS TO RECORDS

21. INTEGRITY MONITOR

22. EXEMPTION FROM NEW JERSEY SALES AND USE TAXES

23. CODE OF ETHICS FOR PORT AUTHORITY VENDORS

24. PERFORMANCE AND PAYMENT BOND

CHAPTER II - ADJUSTMENTS AND PAYMENTS

25. ADJUSTMENTS OF LUMP SUM

26. COMPENSATION FOR EXTRA WORK

27. COMPENSATION FOR PREMIUM TIME

28. COMPENSATION FOR EMERGENCY DELAYS

29. MONTHLY PAYMENTS

30. PROMPT PAYMENT

31. RELEASE OF MONIES PREVIOUSLY WITHHELD FROM MONTHLY PAYMENTS UPON

RENDITION OF A CERTIFICATE OF SUBSTANTIAL COMPLETION

32. FINAL PAYMENT

33. WITHHOLDING OF PAYMENTS

CHAPTER III - PROVISIONS RELATING TO TIME

34. TIME FOR COMPLETION AND DAMAGES FOR DELAY

35. EXTENSIONS OF TIME

36. IDLE SALARIED MEN AND EQUIPMENT

37. DELAYS TO CONTRACTOR

38. CANCELLATION FOR DELAY

CHAPTER IV - CONDUCT OF CONTRACT

39. AUTHORITY OF CHIEF ENGINEER

40. AUTHORITY AND DUTIES OF ENGINEER

41. NOTICE REQUIREMENTS

42. NON-DISCRIMINATION REQUIREMENTS

43. EQUAL EMPLOYMENT OPPORTUNITY

44. NO DISCRIMINATION IN EMPLOYMENT

45. PREVAILING RATE OF WAGE

46. EXTRA WORK ORDERS

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47. PERFORMANCE OF EXTRA WORK

48. TITLE TO MATERIALS

49. ASSIGNMENTS AND SUBCONTRACTS

50. CLAIMS OF THIRD PERSONS

51. CERTIFICATES OF PARTIAL COMPLETION

52. CERTIFICATE OF SUBSTANTIAL COMPLETION

53. CERTIFICATE OF FINAL COMPLETION

54. NO GIFTS, GRATUITIES, OFFERS OF EMPLOYMENT, ETC

55. OBLIGATION TO REPORT

56. CONTRACTOR RESPONSIBILITY, SUSPENSION OF WORK AND TERMINATION

57. CONFLICT OF INTEREST

58. RIGHT TO AUDIT

CHAPTER V - WARRANTIES MADE AND LIABILITY ASSUMED BY THE CONTRACTOR

59. CONTRACTOR'S WARRANTIES

60. RISKS ASSUMED BY THE CONTRACTOR

61. NO THIRD PARTY RIGHTS

62. INSURANCE PROCURED BY THE AUTHORITY

63. INSURANCE PROCURED BY CONTRACTOR

CHAPTER VI - RIGHTS AND REMEDIES

64. RIGHTS AND REMEDIES OF AUTHORITY

65. RIGHTS AND REMEDIES OF CONTRACTOR

66. PERFORMANCE OF WORK AS AGENT FOR CONTRACTOR

67. NO ESTOPPEL OR WAIVER

CHAPTER VII - FEDERAL EMERGENCY MANAGEMENT AGENCY REQUIREMENTS

68. DEFINITIONS

69. INCORPORATION OF FEDERAL EMERGENCY MANAGEMENT AGENCY TERMS

70. FEDERAL CHANGES

71. NO FEDERAL GOVERNMENT OBLIGATIONS TO THIRD PARTIES

72. ORGANIZATIONAL CONFLICT OF INTEREST

73. CERTIFICATION - DEBARMENT AND SUSPENSION – CONTRACTS EXCEEDING $25,000

74. CERTIFICATION - LOBBYING RESTRICTIONS – CONTRACTS EXCEEDING $100,000

75. ACCESS TO RECORDS AND REPORTS

76. CIVIL RIGHTS

iv

77. COMPLIANCE WITH NONDISCRIMINATION REQUIREMENTS

78. DAVIS-BACON AND COPELAND ANTI-KICKBACK ACTS – CONTRACTS EXCEEDING

$2,000

79. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT

80. ENERGY CONSERVATION

81. CLEAN WATER REQUIREMENTS – CONTRACTS EXCEEDING THE SIMPLIFIED

ACQUISITION THRESHOLD

82. CLEAN AIR REQUIREMENTS

83. FLY AMERICA

84. PREFERENCE FOR RECYCLED PRODUCTS

85. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS

86. ADA ACCESS REQUIREMENTS

87. TERMINATION FOR CAUSE OR CONVENIENCE – CONTRACTS EXCEEDING $10,000

88. CHANGES TO THE CONTRACT

89. FEDERAL ACCOUNTING PRINCIPLES

90. REPORTING

91. PATENTS

92. COPYRIGHTS

93. BUY AMERICAN REQUIREMENTS

CHAPTER VIII - MISCELLANEOUS

94. SUBMISSION TO JURISDICTION

95. PROVISIONS OF LAW DEEMED INSERTED

96. INVALID CLAUSES

97. NON-LIABILITY OF THE AUTHORITY REPRESENTATIVES

98. SERVICE OF NOTICES ON THE CONTRACTOR

99. MODIFICATION OF CONTRACT

100. PUBLIC RELEASE OF INFORMATION

PERFORMANCE AND PAYMENT BOND

ACKNOWLEDGMENT

SPECIFICATIONS

DIVISION 01 - GENERAL PROVISIONS

101. CONSTRUCTION REQUIRED BY THE SPECIFICATIONS

102. AVAILABLE PROPERTY

103. CONSTRUCTION SITE SECURITY REQUIREMENTS

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104. OPERATIONS OF OTHERS

105. LABOR ACTIONS

106. CONTRACTOR'S MEETINGS

107. CONTRACT DRAWINGS

108. SHOP DRAWINGS, CATALOG CUTS AND SAMPLES

109. BUILDING INFORMATION MODELING REQUIREMENTS

110. SUBSTITUTION

111. WORKMANSHIP AND MATERIALS

112. INSPECTIONS AND REJECTIONS

113. MANUFACTURERS' CERTIFICATION

114. NO RELEASE OF CONTRACTOR

115. ERRORS AND DISCREPANCIES

116. DIFFERING SUBSURFACE CONDITIONS

117. ACCIDENTS AND FIRST AID PROVISIONS

118. SAFETY PROVISIONS

119. REMOVAL AND DIVERSION OF CONSTRUCTION AND DEMOLITION MATERIALS

120. AIR QUALITY PROTECTION

121. DIESEL-POWERED EQUIPMENT

122. DAILY PROGRESS, EQUIPMENT AND LABOR REPORTS

123. LAWS AND ORDINANCES

124. EQUIPMENT INFORMATION SUBMITTALS

125. SIGNS

126. CONTRACTOR'S FIELD OFFICE AND REPRESENTATIVE

127. SURVEYS

128. TEMPORARY STRUCTURES

129. PERMIT AND REQUIREMENTS FOR WELDING

130. FINAL INSPECTION

131. WARRANTIES

132. UTILITY DATA COLLECTION

133. REQUIREMENTS FOR CRANES AND DERRICKS

134. TEMPORARY UTILITY SERVICES

135. TEMPORARY SANITARY FACILITIES

136. PROGRESS SCHEDULE

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137. SCHEDULE OF VALUES

138. CONDITIONS AND PRECAUTIONS

139. HOURS OF WORK AND CONSTRUCTION STAGING

140. MAINTENANCE OF TRAFFIC AND WORK AREA PROTECTION

141. NOISE CONTROL AND ABATEMENT

142. PERMIT AND REQUIREMENTS FOR CONFINED SPACE ENTRY

DIVISION 02 - EXISTING CONDITIONS

024114 CUTTING, PATCHING AND REMOVAL

024116 STRUCTURE DEMOLITION

024119 PARTIAL REMOVALS

DIVISION 03 - CONCRETE

033010 PORTLAND CEMENT CONCRETE

033100 CONCRETE FORMWORK

033110 CONCRETE REINFORCEMENT

036115 NON-SHRINK, NON-METALLIC GROUTING

DIVISION 05 - METALS

051200 STRUCTURAL STEEL

053100 STEEL DECK

054000 COLD-FORMED STEEL FRAMING

055000 MISCELLANEOUS METALS

057500 DECORATIVE FORMED METAL

DIVISION 07 - THERMAL AND MOISTURE PROTECTION

071917 SILANE SEALER

074114 STANDING SEAM METAL ROOF PANELS

077100 ROOF SPECIALTIES

078413 PENETRATION FIRESTOPPING

079200 ARCHITECTURAL SEALANTS

DIVISION 09 - FINISHES

095423 LINEAR METAL CEILINGS

099100 PAINTING

DIVISION 10 - SPECIALTIES

101400 ARCHITECTURAL SIGNAGE SYSTEMS

101423 ALUMINUM SIGN PANELS AND SUPPORTS

DIVISION 22 - PLUMBING

220718 PLUMBING INSULATION

221115 PLUMBING PIPING AND APPURTENANCES

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221424 PLUMBING SPECIALTIES

DIVISION 26 - ELECTRICAL

260000 ELECTRICAL GENERAL REQUIREMENTS

260519 WIRES, CABLES, SPLICES, TERMINATIONS (600 VOLTS OR LESS)

260525 TRAFFIC SIGNAL CONDUCTORS AND CABLES

260526 GROUNDING

260529 HANGERS AND SUPPORTS FOR ELECTRICAL SYSTEMS

260533 RACEWAYS AND BOXES FOR ELECTRICAL SYSTEMS

260534 BOXES AND FITTINGS

260543 UNDERGROUND DUCTS AND RACEWAYS FOR ELECTRICAL SYSTEMS

260547 TRAFFIC SIGNAL POLES, MAST ARMS, SPAN WIRE AND POLE FOUNDATIONS

262200 DRY-TYPE TRANSFORMERS GENERAL PURPOSE - 600 VOLTS OR LESS

262416 PANELBOARDS

262726 WIRING DEVICES

262913 ENCLOSED SWITCHES AND CIRCUIT BREAKERS (600 VOLTS OR LESS)

265000 LIGHTING SYSTEMS

265522 LED VEHICULAR TRAFFIC SIGNAL ASSEMBLIES AND MOUNTING HARDWARE

265619 ROADWAY LIGHTING

DIVISION 27 - COMMUNICATIONS

271323 FIBER OPTIC CABLING

DIVISION 28 - ELECTRONIC SAFETY AND SECURITY

282310 CONTROL/SIGNAL TRANSMISSION MEDIA

DIVISION 31 - EARTHWORK

311312 TREE REMOVAL AND DISPOSAL (NEW JERSEY)

312323 EXCAVATION, BACKFILLING AND FILLING

316400 DRILLED SHAFTS

DIVISION 32 - EXTERIOR IMPROVEMENTS

320115 PAVEMENT MILLING

320118 PAVEMENT CRACK SEALING

321123 AGGREGATE BASE COURSE

321217 ASPHALT CONCRETE PAVING

321374 PAVEMENT JOINT SEALING

321724 WET REFLECTIVE THERMOPLASTIC PAVEMENT MARKINGS

321725 TRAFFIC PAINT PAVEMENT MARKINGS - STANDARD PAINT

321728 PREFORMED WET REFLECTIVE REMOVABLE PAVEMENT MARKING TAPE

321729 PREFORMED WET REFLECTIVE PAVEMENT MARKING TAPE

321730 EPOXY RESIN PAVEMENT MARKINGS

viii

323118 ALUMINUM BATTEN FENCES AND GATES

DIVISION 33 - UTILITIES

331110 EXTERIOR WATER SUPPLY SYSTEM

334160 EXTERIOR STORM DRAINAGE SYSTEM

334914 MANHOLE AND DRAINAGE STRUCTURES

DIVISION 34 - TRANSPORTATION

344113 - TEMPORARY TRAFFIC SIGNAL EQUIPMENT

344118 TRAFFIC SIGNAL CONTROLLER

344160 VIDEO DETECTION SUBSYSTEM

347121 TEMPORARY WATER-FILLED BARRIERS

347130 PLYWOOD SIGN PANELS AND WOOD SIGN POSTS

347155 VEHICLE DETECTION LOOP

Appendix 1 – Permits

Schedule of Minimum Wage Rates (FED NJ)

Bid Submission Checklist

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REVISED ADVERTISEMENT

Originally posted Thursday, February 26, 2026, Bid Due Date revised on Tuesday, April 14, 2026.

ADVERTISEMENT

THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY

The Port Authority of New York and New Jersey has temporarily ceased in-person public bid openings and will allow for the digital submission of bids using the Bonfire platform, located at the link below.

Bidders MUST register in order download Bid documents and associated information regarding the below referenced solicitation and in order to upload bid submissions.

Registration on Bonfire platform requires a separate and distinct registration from all other Authority platforms.

Bidders MUST also meet the Information Security Handbook Requirements in order to receive a link from the Authority to download Bid documents containing protected information and associated information regarding the below referenced solicitation.

Sealed bids for the following contract will be received by The Port Authority of New York and New Jersey, until 2:30 PM on the date indicated.

The Authority shall accept only those bids in electronic format for which the submission or modification is completed at the time of the Bid Due Date. Bid submissions will be accepted by upload only, at https://panynj.bonfirehub.com/portal/?tab=login and must be uploaded and received by the Authority by 2:30 PM EST on the date indicated 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.

Contract documents will no longer be available for purchase at the Contract Desk on the 1st Floor, 2 Montgomery Street, Jersey City. Prospective bidders may obtain contract documents by downloading the documents directly from the Bonfire platform, by logging in to Bonfire after completing a one-time new vendor registration. The contract documents will be made available electronically to the prospective bidder at no cost, as soon as they become available. For availability of contract documents, go to https://www.panynj.gov/port-authority/en/business-opportunities/solicitations-advertisements/Construction.html. Questions by prospective bidders concerning the contract should be directed only to the person whose name and phone number is listed.

Bidders are advised that only firms that can satisfactorily demonstrate that they meet Information Security Handbook Requirements can view and/or obtain the Contract Documents. The requirements and instructions for submitting documentation that the requirements have been met are available on-line at https://www.panynj.gov/port-authority/en/business-opportunities/information-security-handbook-requirements.html. The submission should be sent only to the person whose name and phone number is listed.

Interested bidders should complete the Information Security Requirements submission as soon as possible, as the process may take several weeks.

Failure to meet the information security requirements in order to view/obtain the Contract documents may result in your firm's Bid, if submitted, being found not eligible for acceptance by the Authority.

A1

Contract HT-224.228 – Holland Tunnel – Installation of Storage Facility for Flood Protection Equipment.

Estimate Range: $5M - $10M. Bids Due: Thursday, April 16, 2026.* The work under this contract consists generally of regrading, concrete pavement and footings, structural steel, ornamental fence, standing seam metal roofing, lighting, access control, security cameras and related work at the new storage facility west of the Holland Tunnel Toll Building and vicinity thereof, Jersey City, New Jersey.

This project may be Federally funded in whole or in part. Accordingly, all bidders and the successful Contractor will be required to comply with any and all required applicable federal provisions and requirements contained in this solicitation and resulting contract. For questions, call Megan Lancelot- Zielinski at (212) 435-5694 or email – mlancelotzielinski@panynj.gov.

The Port Authority is the recipient of FEMA financial assistance and must ensure that its programs, activities, and services do not discriminate or prevent participation in a program, activity, or service on the basis of race, color, religion, nationality, national origin, sex, age, disability, English proficiency, or economic status, as applicable.

FRIDAY, February 27, 2026

*The date for receipt of Bids has changed to May 21, 2026.

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CONTRACT INFORMATION SUMMARY

THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY

This summary is a brief listing of selected provisions of the Contract as of the "Date Prepared" below, for the convenience of prospective bidders. These summary pages are not part of the Contract, are not necessarily accurate or complete and may not necessarily remain up-to-date or reflect the actual Contract requirements, as Contract requirements may be modified by Addendum throughout the solicitation period.

Contract No. and Title: HT-224.228 - Installation of Storage Facility for Flood Protection Equipment

Summary Description of Work: regrading, concrete pavement and footings, structural steel, ornamental fence, standing seam metal roofing, lighting, infrastructure for access control, security cameras and related Work at the new storage facility west of the Holland Tunnel Toll Building and vicinity thereof, Jersey City, New Jersey

1. Estimate Range $5M - $10M

2. Solicitation Type Advertised

3. Contractor Qualification Prerequisites No

4. Background Qualification Questionnaire (BQQ) requirement

Yes

5. Contract Documents contain Protected Information

Yes - Security Information Requirements/ Submission Required www.panynj.gov/business-opportunities/information-security-requirements.html

6. Bidders Question submission deadline Yes - 7 days prior to Bid Date

7. Bid Bond requirement Yes - 5% of Total Contract Price

8. Performance and Payment Bond requirement

Yes - amount equal to Total Contract Price

9. Contract Type Design-Bid-Build

10. Compensation Type Lump Sum

11. Contract time to Final Completion 571 Calendar Days

12. Term of Contract N/A

13. Interim Milestone Completions No

14. Liquidated Damages for failure to Complete on time

Yes - $500 per Calendar Day

15. Wage Rates Davis Bacon (Federal)

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Contract No. and Title: HT-224.228 - Installation of Storage Facility for Flood Protection Equipment

16. MBE/WBE/SDVOB Outreach Goals 20% MBE, 10% WBE and 3% SDVOB

17. DBE Goals (Subcontracting or DBE self-performed)

N/A

18. Insurance provided by Contractor Commercial Automobile Liability Insurance;

Professional Liability - E&O Insurance

19. Permits to be obtained by Contractor Yes - City of Jersey City Department of Infrastructure Traffic Permit

20. Area Available for Contractor's Use No

21. Materials Furnished by the Authority No

22. Building Information Modeling (BIM) requirements

Yes - Refer to Division 01

23. Construction Staging/Phasing requirements

Yes - Refer to Division 01 and Contract Drawings

24. Sustainability requirements/LEED compliance

No

25. External Funding anticipated Yes – FEMA

26. Build America Buy America requirement;

Buy America requirement

N/A

27. Buy American requirement Yes

28. Maintenance Agreement No

Date Prepared: May 18, 2026

CONTRACT HT-224.228

INFORMATION FOR BIDDERS

1. FORM AND SUBMISSION OF BIDS

The Port Authority of New York and New Jersey, hereinafter called the "Port Authority" or "Authority", invites bids (Bids) in the annexed form. Bids will be received until 2:30 PM on Thursday, May 21, 2026 via digital submission of Bids, using the Bonfire platform, at the link provided below.

Bidders must register and create a free Bonfire account at the provided link in order to log in and download Bid documents and associated information, and in order to upload Bid submissions.

Registration on the Bonfire platform requires a registration that is separate and distinct from all other Port Authority software platforms.

Bid submissions must be uploaded, submitted and finalized prior to the Closing Time of 2:30 PM EST.

Bidders are strongly urged to allow sufficient time of at least one (1) day prior to Bids Due Date (Close Date) to begin the uploading process and finalizing the Bid submission. Bidders will receive an email confirmation receipt with a unique confirmation number once a Bid submission is finalized.

The Authority will accept only those Bids in electronic format for which the submission or submission modification is completed at the time of the Bids Due Date.

The electronic copy of the Contract booklet furnished to each prospective bidder in portable document format (PDF) for the bidder’s use shall be filled out and submitted in its entirety to the Authority by the date and time that Bids are due. Bid submissions will be accepted by upload only, at:

https://panynj.bonfirehub.com/portal/?tab=login and must be uploaded and received by the Authority by 2:30 PM EST in order to be considered. Hand deliveries and mailed deliveries (e.g., UPS, USPS) will not be accepted.

Bidders will be permitted to submit modifications to Bids or withdraw previously submitted Bids electronically up to, but not after, the time of the Bid Due Date. The 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.

Bid results will be posted to the Port Authority of New York and New Jersey's website as soon as they are available, at the following link:

https://www.panynj.gov/port-authority/en/business-opportunities/preliminary-bid-results.html

Bid submissions must include all required information, as required by the clause hereof entitled "Papers Accompanying Bids".

The Bid must be submitted upon the blank form bound herewith and must give all information required.

The Bid must be signed and the acknowledgment taken on the appropriate form following the Bid.

This Contract may be executed in any number of counterparts, and each such counterpart hereof shall be deemed an original instrument, but all such counterparts together shall constitute but one Contract. 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.

No effort is made to emphasize any particular provision of the Contract, but bidders must familiarize themselves with every provision and its effect.

This Contract is to be funded in whole or in part by the United States Department of Homeland Security (DHS), Federal Emergency Management Agency (FEMA). As a result, the Contractor (and his subcontractors) agrees to comply with the applicable FEMA requirements, special grant conditions and all other federal, state and local laws that are or may become applicable to this Contract. The current FEMA requirements are set forth in Chapter VII of the Form of Contract entitled "Federal Emergency Management Agency Requirements".

2. PAPERS ACCOMPANYING BIDS

Each Bid must be accompanied by the following papers, which, unless otherwise indicated, should be enclosed with the Bid:

A. The bidder's Bid Submission Checklist filled in on the form furnished herewith.

B. The bidder's Analysis of Bid filled in on the form furnished via Notice to Bidders.

C. If the bidder be a corporation, a statement of the names and residences of its officers, which should be included on the page following the Bid.

If the bidder be a partnership, a statement of the names and residences of its members, indicating which are general and which are special partners, which should be included on the page following the Bid.

If the bidder be an individual, a statement of his residence, which should be included on the page following the Bid.

D. Certified financial statements, including applicable notes, reflecting the bidder's assets, liabilities, net worth, revenues, expenses, profit or loss and cash flow for the most recent calendar year or the bidder's most recent fiscal year. Where such certified financial statements are not available, then either reviewed or compiled statements from an independent accountant setting forth the same information. Such statements shall show the financial position of the bidder as of a date more than forty-five (45) days prior to the date on which Bids are opened. The bidder shall also submit a statement in writing signed by a duly authorized representative of the bidder, that the present financial condition of the bidder is at least as good as that shown on the statements submitted.

1.) Where neither certified financial statements nor financial statements from an independent accountant are available, then financial statements containing the information described in the paragraph above, prepared directly by the bidder. Such financial statements must be accompanied by a signed copy of the bidder's most recent Federal income tax return and a statement in writing, signed by a duly authorized representative of the bidder, that such statements accurately reflect the current financial condition of the bidder.

E. Either the Bid Bond bound herewith, in the penal sum of five percent (5%) of the Lump Sum inserted in the Form of Contract clause entitled "General Agreement", duly executed by the bidder as principal and by one or more surety companies duly authorized to carry on the business of suretyship in the state(s) in which the construction site is located, whose names appear on the current list of the Treasury Department of the United States as acceptable as sureties upon federal contracts; or, in lieu of a Bid Bond;

A certified check, payable to the order of The Port Authority of New York and New Jersey, in the same amount required in the immediately preceding paragraph, which check shall be placed in an envelope marked "Bid Security" and enclosed with the Bid.

F. A statement of work which the bidder has on hand, including any work on which a bid has been submitted, containing a description of the work, the dollar value, the location by city and state, the current percentage of completion and the expected date for completion.

G. Fill in below the name and address of the bidder's chief banking representative handling the bidder's account.

Banking Institution:

Address:

Bank Representative:

Telephone Number:

H. Fill in below the bidder's Federal Employer Identification Number (i.e., the number assigned to firms by the Federal Government for tax purposes); the bidder's Dun and Bradstreet number, if any; the name of any other credit service to which the bidder has furnished information and the number, if any, assigned by such service to the bidder's account.

Federal Employer Identification No.

Dun and Bradstreet No.

Other Credit Service Account No.

I. The Form of Contract bound herewith, with the bidder's Lump Sum inserted in the clause thereof entitled "General Agreement". Amount must be given both in figures and in writing and, in case of discrepancy, the writing shall control. One copy of each addendum, if any, issued during the bidding period shall be initialed and attached to the Bid, but any Bid submitted without such addendum initialed and attached will nevertheless be construed as though such addendum had been initialed and attached.

J. A Certification Regarding Lobbying Pursuant to 31 U.S.C. 1352 and a Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions, attached herewith at the end of Chapter VII of the Form of Contract entitled "Federal Emergency Management Agency Requirements".

3. QUALIFICATION INFORMATION

At any time after the opening of Bids, the Chief Engineer may give oral or written notice to one or more bidders to attend a pre-award meeting and to furnish the Authority with information relating to his qualifications to perform the Work, including the following, which information shall be furnished within seven (7) days thereafter, or as otherwise indicated:

A. The bidder's MBE/WBE/SDVOB Outreach Plans, as required by the clause herein entitled "Minority, Women-owned, and Service-Disabled Veteran-Owned Business Enterprises", using the forms available at the following link:

https://www.panynj.gov/port-authority/en/business-opportunities/Vendor-Resources.html under "Good Faith Outreach".

B. Detailed list of the plant and equipment which the bidder proposes to use, indicating which portions it already possesses.

C. Detailed information relating to work which the bidder has completed for others, including personal and corporate references, sufficient to the Authority to determine the bidder's responsibility, experience and capacity to perform the Work. If required by the Chief Engineer, the foregoing information shall include information to demonstrate to the satisfaction of the Chief Engineer that the bidder has within the past five years been a contractor on at least one contract of the same general type, extent and complexity as the contract on which the Bid has been submitted, and completed the work skillfully, in a satisfactory manner and on time.

D. Information to supplement a) data shown in the financial statements and the statement of work on hand required to be submitted with the Bid; and b) any statement submitted under the clauses hereof entitled "Certification of No Investigation (Criminal or Civil Anti-Trust), Indictment, Conviction, Suspension, Debarment, Disqualification, Prequalification Denial or Termination, Etc.; Disclosure of Other Required Information", "Certification of Participation in a United States Department of Labor-Registered Apprenticeship Program" or "Non-Collusive Bidding and Code of Ethics Certification;

Certification of No Solicitation Based on Commission, Percentage, Brokerage, Contingent Fee or Other Fee".

E. Moreover, in the event that the bidder's performance on a past Port Authority or PATH contract or contracts has been rated less than satisfactory (e.g., received a Performance Evaluation rating of Marginal or Unsatisfactory) within three years prior to submission of his Bid, the Chief Engineer, or his or her designee, may request the bidder furnish information demonstrating to the satisfaction of the Chief Engineer, or his or her designee, that, notwithstanding such rating, the root cause of the adverse performance has been identified and definitively corrected or the circumstances giving rise to the rating have changed and will not reoccur.

F. If the bidder has performed a contract for the States of New York or New Jersey, or any governmental entity within such States and has filed a questionnaire or other document required to be submitted in order for the bidder to qualify to perform the contract, the bidder may be requested by the Chief Engineer to submit the most recent completed questionnaire or other such document, or if the most recent completed questionnaire or other such document is not available, to submit a written statement indicating the approximate date of the contract and the name of the governmental entity which awarded them the contract.

G. Any additional information relevant to the bidder's Bid including information to supplement the bidder's Analysis of Bid.

H. Detailed information in writing setting forth the affirmative action which the bidder proposes to take to ensure equal employment opportunities as required by clause A of the clause of the Form of Contract entitled "No Discrimination in Employment". This action which for the purpose of convenience is referred to as an "Affirmative Action Program", shall be in addition to the action required under clauses B through G thereof. Solely for the information of the bidder and without in any way limiting or defining the affirmative action program to be proposed by the bidder, there are available for inspection in the office of the Director, Office of Diversity, Equity and Inclusion of the Port Authority of New York and New Jersey, copies of sample affirmative action programs.

I. The bidder shall submit a complete Background Qualification Questionnaire (BQQ), required for himself and all subcontractors and vendors known to the bidder at the time of submission of Bids, who will be providing services under this Contract, if the value of such subcontract is anticipated to be greater than or equal to $100,000. This document and instructions for submitting the completed BQQ to the Authority's Office of Inspector General can be obtained at the Authority's website through the following link:

https://www.panynj.gov/port-authority/en/help-center/oig.html

In the event that any of the foregoing is requested and is not furnished within seven days thereafter or as otherwise indicated, or within such additional time as the Chief Engineer, in his sole discretion, may allow, the Authority may not be in a position to determine whether the bidder is qualified, whether the bidder understands the requirements of the contract or whether the bid is responsive and may, in its sole discretion, reject the bidder's Bid.

In the event that the Chief Engineer or his or her designee finds, in his or her sole discretion, that the bidder has not satisfactorily demonstrated that the circumstances surrounding a Marginal or Unsatisfactory Performance Evaluation rating have been successfully mitigated, the Authority may determine that award to the bidder is not in the best interest of the Authority and may, in its sole discretion, remove the bidder from consideration for award. In making such a determination, the Chief Engineer or his or her designee may initiate a hearing at which time the Contractor will have to demonstrate to a committee of Port Authority staff that the circumstances leading to the Marginal or Unsatisfactory Performance Evaluation rating have been mitigated and that the factors that led to the rating are no longer applicable. The determination of the Chief Engineer or his or her designee will be conclusive.

The giving of such notice to the bidder in connection with any of the foregoing lists, statement or information shall not be construed as an acceptance of his Bid. However, the Authority reserves the right in its sole and absolute discretion, to accept the Bid of a bidder despite the fact that said bidder has not submitted any information, list or statement required pursuant to this Section within the above-stated time period.

4. ACCEPTANCE OR REJECTION OF BID

Within ninety (90) days after the opening of the Bids, the Authority will accept one of the Bids, if it accepts any. Award will be made to the responsible bidder that submits the lowest priced, responsive, technically qualified Bid. The Authority reserves the unqualified right, in its sole and absolute discretion, to reject all Bids or to waive defects in any Bids.

The acceptance of a Bid will be made only by emailing or other electronic transmission, mailing to or delivering at the office designated in the Bid a notice in writing specifically indicating acceptance signed by an authorized representative on behalf of the Authority who is at present the Authority's Chief Procurement Officer. No other act of the Authority, its Commissioners, officers, agents, or employees shall constitute acceptance of a Bid. Rejection of a Bid will be made only by either (a) a notice in writing specifically stating that the Bid is rejected, signed by an authorized representative on behalf of the Authority who is at present the Authority's Chief Procurement Officer and mailed to or delivered at the office designated in the Bid or (b) omission by the Authority to accept a Bid within ninety (90) days after the opening of Bids; and no other act of the Authority, its Commissioners, officers, agents or employees shall constitute rejection of a Bid, including any counter offer or other act of the Authority, its Commissioners, officers, agents or employees.

In the event that a successful bidder defaults upon the Contract by failing to furnish a satisfactory Performance and Payment Bond, and the Authority terminates the Contract, the Authority reserves the option to accept the next lowest responsive, technically qualified Bid of any other bidder within ninety

(90) days after the opening of Bids, in which case such acceptance shall have the same effect as to such next bidder as though he were the originally successful bidder.

5. RETURN OF CERTIFIED CHECKS

Within ten (10) days after the opening of the Bids the Authority will return all certified checks deposited by bidders, except those deposited by three bidders to be selected by the Authority, which will be returned within three days after one Bid is accepted by the Authority; or within three days after a satisfactory Performance and Payment Bond is furnished to the Authority; or if all Bids are rejected, not later than three days after such rejection. The return of a bidder's check shall not, however, be deemed to be a rejection of his Bid.

6. WEBSITE POSTINGS OF CONTRACT DOCUMENTS

Recipients of Contract documents marked Confidential (Privileged) may not post them or any of them to a website except in accordance with the Authority's prior written approval, which may require a written non-disclosure agreement.

Recipients of Contract documents not marked Confidential (Privileged) may not post them or any of them to a website unless the website (1) is non-public, (2) is password protected and (3) is accessible only to the recipient's prospective subcontractors and suppliers. Recipient's prospective subcontractors and suppliers shall also be deemed recipients and shall be required to conform to the terms of this numbered clause. Recipients shall be deemed to include both bidders and those who do not submit bids.

No later than 180 days after the date of receipt of Bids, all recipients shall remove all Contract documents from their websites.

7. DISPOSAL OF CONTRACT DOCUMENTS

All recipients of Contract documents, including bidders and those who do not bid and their prospective subcontractors and suppliers who may receive all or a part of the Contract documents or copies thereof, shall make every effort to ensure the secure and appropriate disposal of the Contract documents to prevent further disclosure of the information contained in the documents. Secure and appropriate disposal includes methods of document destruction such as shredding or arrangements with refuse handlers that ensure that third persons will not have access to the documents' contents either before, during, or after disposal. Documents may also be returned for disposal purposes to the Contract Desk on the 1st Floor, 2 Montgomery Street, Jersey City, NJ 07302 or the office of the Chief Procurement Officer, 4 World Trade Center, 150 Greenwich Street, 21st Floor, New York, NY 10007.

8. AVAILABLE DOCUMENTS

Certain documents, specified below, are available for reference and examination by bidders by contacting Jose Cartagena at (201) 395-3508 or email – jcartage@panynj.gov during regular business hours. These documents were not prepared for the purpose of providing information for bidders upon the present Contract but they were prepared for other purposes, such as for other contracts or for design purposes for this or other contracts, and they do not form a part of this Contract. The Authority makes no representation or guarantee as to, and shall not be responsible for their accuracy, completeness or pertinence, and, in addition, shall not be responsible for the conclusions to be drawn therefrom. They are made available to the bidders merely for the purpose of providing them with such information as is in the possession of the Authority, whether or not such information may be accurate, complete or pertinent or of any value to the bidders. Questions concerning the content of the documents shall be submitted in accordance with the clause entitled "Questions by Bidders".

Said documents are as follows:

A. Drawings bearing the general title "THE PORT AUTHORITY OF NY & NJ – HOLLAND TUNNEL – TOLL PLAZA REHABILITATION" which are numbered and entitled as follows:

HT-SL-017 BORING LOCATION PLAN AND PRESENTATION OF BORINGS, dated 6-1-

HT-SL-020 PRESENTATION OF BORINGS, dated 6/4/87

HT-SL-021 PRESENTATION OF BORINGS, dated 6/3/87

B. Drawings bearing the general title "THE PORT AUTHORITY OF NY & NJ – HOLLAND TUNNEL – 12TH STREET SAFETY IMPROVEMENTS" which are dated 6/4/91 and are separately numbered and entitled as follows:

HT-SL-027 BORING LOCATION PLAN

HT-SL-029 PRESENTATION OF BORINGS

C. Drawings bearing the general title "THE PORT AUTHORITY OF NY & NJ – HOLLAND TUNNEL – ALL ELECTRONIC TOLLS" which are dated 12/12/2019 and are separately numbered and entitled as follows:

HT-SL-071 PROJECT SITE MAP, BORING LOCATION PLAN, GENERAL NOTES,

LEGEND, ABBREVIATIONS & SYMBOLS, SOIL CLASSIFICATIONS

HT-SL-072 PRESENTATION OF BORINGS

D. Drawings bearing the general title "THE PORT AUTHORITY OF NY & NJ – HOLLAND TUNNEL – 12TH STREET NJ APPROACH" which are dated 01/24/2023 and are separately numbered and entitled as follows:

HT-SL-073 PROJECT SITE MAP, BORING LOCATION PLAN, GENERAL NOTES,

LEGEND, ABBREVIATIONS & SYMBOLS, SOIL CLASSIFICATIONS

HT-SL-075 PRESENTATION OF BORINGS

E. Drawings bearing the general title "THE PORT AUTHORITY OF NY & NJ –

HOLLAND TUNNEL – INSTALLATION OF STORAGE FACILITY FOR

FLOOD PROTECTION EQUIPMENT" which are dated 04/09/2025 and are separately numbered and entitled as follows:

HH-SL-076 PROJECT SITE MAP, BORING LOCATION PLAN, GENERAL NOTES,

LEGEND, ABBREVIATIONS & SYMBOLS, SOIL CLASSIFICATIONS

HT-SL-077 PRESENTATION OF BORINGS

9. MINORITY, WOMEN-OWNED, AND SERVICE-DISABLED VETERAN-OWNED

BUSINESS ENTERPRISES

The Authority requires the successful bidder (Contractor) to use every good faith effort to ensure that qualified Minority Business Enterprises (MBEs), Women-owned Business Enterprises (WBEs) and Service-disabled Veteran-Owned Businesses (SDVOBs) are provided an equal opportunity to participate in the Work as subcontractors in accordance with applicable law.

The Contractor specifically acknowledges and agrees that the requirements set forth in this clause may be revised or updated from time to time by the Authority and that, accordingly, the Authority may from time to time, by notice to the Contractor, provide to the Contractor, a revised or updated form of such clause to replace the clause currently included in this Contract. Notwithstanding any such revisions or updates, (a) to the extent the Contractor has entered into agreements based on the clause that was then in effect, or, (b) if at the time that any such replacement clause takes effect, the Contractor is actively engaged in negotiations with counterparties or procurement processes with respect to specific agreements, which negotiations or procurement processes result in the execution of the applicable agreement not more than six months following the date on which the replacement clause takes effect, then, in each case, any such agreement shall not be required to be modified to conform to such revision and/or update to this clause, so long as the applicable agreement is not extended, modified or restated.

A. Definitions

"Minority Business Enterprise" or "MBE" shall mean any business enterprise which is at least 51 percent owned by, or in the case of a corporation, at least 51 percent of the stock of which is owned by one or more individuals from a minority group; and whose management and daily business operations are controlled by one or more such individuals who are citizens or permanent resident aliens and such ownership is real, substantial and continuing.

"Minority" shall mean: shall mean (a) a Black person who is part of a Black African racial group; or (b) an Hispanic person of Native American or Latin American origin descended from persons from Puerto Rico, Mexico, the Dominican Republic, Cuba, or a country of Central or South America; or (c) an Asian person or Pacific Islander descended from persons who have an origin in Asia (including the Far East, Southeast Asia and the Indian Subcontinent) or the Pacific Islands; or (d) an American Indian or Alaskan Native descended from persons who have an origin in North America so long as the Minority person maintains identifiable tribal affiliations through membership and participation in a tribe or maintains a tribal community identification.

"Women-owned Business Enterprise" or "WBE" shall mean any business enterprise which is at least 51 percent owned by, or in the case of a corporation, at least 51 percent of the stock of which is owned by one or more women, and whose management and daily business operations are controlled by one or more women who are citizens or permanent resident aliens and such ownership is real, substantial and continuing.

"Service-disabled Veteran-Owned Business" or "SDVOB" shall mean any business enterprise which is at least 51 percent owned by, or in the case of a corporation, at least 51 percent of the stock of which is owned by one or more Service-disabled Veterans, and whose management and daily business operations are controlled by one or more such individuals with a verifiable service-connected disability and such ownership is real, substantial and continuing.

"Service-disabled Veteran" shall mean a Veteran with a Service-connected disability, each as defined by 38 U.S.C. 101.

"Veteran" shall mean a person who served in the active U.S. military, naval or air service, and who was discharged or released therefrom under conditions other than dishonorable.

"Service-connected disability" shall mean a disability incurred or an injury aggravated in the line of duty in the active U.S. military, naval or air service.

B. MBE, WBE and SDVOB Outreach Goals

The Authority has set certain good faith goals for participation in the Work by subcontractors engaged by the Contractor in accordance with a market analysis of MBE and WBE firms available to participate in the Work. The Authority analysis estimated that 20 percent and 10 percent of the total dollar value of the Contract would be expected to be performed by MBE and WBE firms, respectively. The Authority has also set a good faith goal for SDVOBs at 3 percent. As such, the Authority requires its Contractors performing Work to use Good Faith Efforts (as defined below) to locate MBE, WBE and SDVOB firms and provide such firms opportunit(y/ies) to bid or propose to participate in the Work (such outreach efforts are hereinafter referred to individually as "MBE Outreach Goals," "WBE Outreach Goals," and "SDVOB Outreach Goals," and collectively as "Outreach Goals".). With respect to MBE Outreach Goals, the bidders must seek out Minorities in each category of the definition of that term as set forth herein.

C. Selection Criteria

After award, the Contractor is to make its final subcontractor selections based on a determination of the best value proposal after consideration of such matters as price, quality of proposed work plan, past experience with the respective firm, and the Contractor's obligation to effectuate the Authority's supplier selection goals included in the Contract, such as: (i) the requirement that a vendor have sufficient capability to perform work obligations and (ii) Authority requirements which seek to have work awarded to (w) new vendors, (x) vendors operating locally or providing local community benefits for the agency, (y) vendors who operate small firms or (z) vendors who have overcome disadvantages, in all cases in accordance with federal and state law which prohibit preferences based on race, national origin, color or sex (the "Selection Standard").

D. Outreach Plans

At any time after the opening of Bids, the Chief Engineer will give notice to one or more bidders including the identified low bidder, to submit within seven (7) days of such notice, plans detailing information about the manner in which it offered and will seek to offer the opportunity to bid or propose on the subcontracted work by MBE, WBE and SDVOB firms (an "MBE Outreach Plan," a "WBE Outreach Plan" and an "SDVOB Good Faith Outreach Plan," collectively, the "Outreach Plans"), using the forms available at the following link: https://www.panynj.gov/port-authority/en/business-opportunities/Vendor-Resources.html under "Good Faith Outreach".

Once approved, the Outreach Plans submitted by the bidder and incorporated into the Contract upon acceptance of the Contractor's Bid, shall be reviewed from time to time by the Contractor and may be modified only with the written approval of the Authority. The Outreach Plans shall be updated following the written approval of an Authority authorized representative, not to be unreasonably withheld, conditioned or delayed.

For the avoidance of doubt, a failure by the Contractor to satisfy its responsibilities under its submitted and approved Outreach Plans shall not constitute a breach of this Contract nor shall such failure, in and of itself, give rise to an event of default, unless it is demonstrated that the Contractor consistently and materially failed to comply with the Outreach Plans.

The Contractor shall use, monitor, document and maintain a record of every Good Faith Effort (as defined below) to comply with the Outreach Plans. All information to allow the Authority to track such Good Faith Efforts shall be provided by the Contractor.

E. Good Faith Efforts

1.) Good faith efforts to satisfy the Outreach Plan to include participation by MBE, WBE and SDVOB firms in bid and proposal activities with respect to the subcontracted work include, among other efforts, the following (each a "Good Faith Effort," and collectively, "Good Faith Efforts":

a. Regular attendance and participation in MBE, WBE or SDVOB workshops and at pre-bid meetings, if any, scheduled by the Authority;

b. Attendance at Outreach Plan progress meetings, if any, scheduled by the Authority, to discuss good faith efforts being implemented by the Contractor to seek out MBE, WBE or SDVOB firms for potential subcontracting opportunities;

c. Utilizing the Authority's Directory of certified MBE, WBE and SDVOB firms available online at https://panynj.diversitysoftware.com;

d. Active and affirmative solicitation of bids or proposals for subcontracts from MBE, WBE and SDVOB firms including circulation of solicitations to Minority and women contractor associations;

e. Advertisement in general circulation media, trade association publications and Minority-focused media including bilingual media for a reasonable period before commencement of the Work, as the case may be;

f. To the extent commercially reasonable and where practicable, dividing the work to be subcontracted into smaller portions designed for small business enterprises (including MBE, WBE and SDVOB firms) or encouraging the formation of joint ventures, partnerships or similar arrangements among subcontractors to foster small business participation;

g. Utilizing the services of available Minority and women's community organizations; contractors' groups; local, State and Federal business assistance/development offices and other organizations that provide assistance to MBE, WBE and SDVOB firms to seek out such firms;

h. Nominating subcontractors for participation in business assistance programs sponsored by the Authority;

(i) The L.E.A.P. services include advising firms on scheduling, purchasing, planning and other aspects of construction to mitigate business or management problems which could negatively impact their performance.

These services do not include engineering or legal advice. The determination as to whether or not to follow the advice given lies solely with the MBE/WBE/SDVOB…