2-MFA-1003 Contract booklet.pdf

A02613007

A.G.

LAGUARDIA AIRPORT AND

NEW YORK STEWART INTERNATIONAL AIRPORT

IMMEDIATE REPAIRS

CONTRACT MFA-1003

MAY 2026

This bid is not complete unless bidder's Signature appears on 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. PREREQUISITES

3. PAPERS ACCOMPANYING BIDS

4. QUALIFICATION INFORMATION

5. ACCEPTANCE OR REJECTION OF BID

6. RETURN OF CERTIFIED CHECKS

7. WEBSITE POSTINGS OF CONTRACT DOCUMENTS

8. DISPOSAL OF CONTRACT 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. THE EDWARD J. MALLOY CONSTRUCTION INITIATIVE FOR CONSTRUCTION SKILLS -

APPRENTICESHIP PROGRAM

18. CERTIFICATION OF PARTICIPATION IN A STATE-REGISTERED APPRENTICESHIP

PROGRAM

BID

ACKNOWLEDGMENT

STATEMENT ACCOMPANYING BID

BID BOND

ACKNOWLEDGMENT

ii

FORM OF CONTRACT

CHAPTER I - GENERAL PROVISIONS

19. DEFINITIONS

20. GENERAL AGREEMENT

21. WORK ORDERS

22. AUTHORITY ACCESS TO RECORDS

23. INTEGRITY MONITOR

24. RENTAL OF CONSTRUCTION EQUIPMENT

25. EXEMPTION FROM NEW YORK STATE AND NEW YORK CITY SALES TAXES

26. CODE OF ETHICS FOR PORT AUTHORITY VENDORS

27. PERFORMANCE AND PAYMENT BOND

CHAPTER II - COMPENSATION AND PAYMENTS

28. CONTRACTOR'S COMPENSATION

29. NET COST

30. APPROVALS OF SUBCONTRACTS, PURCHASES, RENTAL AND SALES

31. COMPUTATION OF RENTAL FOR CONSTRUCTION EQUIPMENT

32. MONTHLY PAYMENTS

33. PROMPT PAYMENT

34. FINAL PAYMENTS FOR WORK UNDER WORK ORDERS ISSUED DURING YEAR ONE,

YEAR TWO AND YEAR THREE

35. FINAL PAYMENT

36. WITHHOLDING OF PAYMENTS

CHAPTER III - PROVISIONS RELATING TO TIME

37. TIME FOR COMPLETION AND DAMAGES FOR DELAY

38. TERM OF CONTRACT

39. EXTENSIONS OF TIME

40. CANCELLATION FOR DELAY

CHAPTER IV - CONDUCT OF CONTRACT

41. AUTHORITY OF DIRECTOR

42. AUTHORITY OF CHIEF ENGINEER

43. AUTHORITY AND DUTIES OF ENGINEER

44. NOTICE REQUIREMENTS

45. NON-DISCRIMINATION REQUIREMENTS

46. EQUAL EMPLOYMENT OPPORTUNITY

iii

47. AFFIRMATIVE ACTION REQUIREMENTS - EQUAL EMPLOYMENT OPPORTUNITY

48. AFFIRMATIVE ACTION PROGRAMS

49. PREVAILING RATE OF WAGE

50. TITLE TO MATERIALS

51. ASSIGNMENTS AND SUBCONTRACTS

52. CLAIMS OF THIRD PERSONS

53. CERTIFICATES OF PARTIAL COMPLETION

54. CERTIFICATES OF FINAL COMPLETION FOR ALL WORK UNDER WORK ORDERS

ISSUED DURING YEAR ONE, YEAR TWO AND YEAR THREE

55. CERTIFICATE OF FINAL COMPLETION

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

57. OBLIGATION TO REPORT

58. CONTRACTOR RESPONSIBILITY, SUSPENSION OF WORK AND TERMINATION

59. CONFLICT OF INTEREST

60. RIGHT TO AUDIT

CHAPTER V - WARRANTIES MADE AND LIABILITY ASSUMED BY THE CONTRACTOR

61. CONTRACTOR'S WARRANTIES

62. RISKS ASSUMED BY THE CONTRACTOR

63. NO THIRD PARTY RIGHTS

64. INSURANCE PROCURED BY THE AUTHORITY

65. INSURANCE PROCURED BY CONTRACTOR

CHAPTER VI - RIGHTS AND REMEDIES

66. RIGHTS AND REMEDIES OF AUTHORITY

67. RIGHTS AND REMEDIES OF CONTRACTOR

68. PERFORMANCE OF WORK AS AGENT FOR CONTRACTOR

69. NO ESTOPPEL OR WAIVER

CHAPTER VII - MISCELLANEOUS

70. SUBMISSION TO JURISDICTION

71. PROVISIONS OF LAW DEEMED INSERTED

72. INVALID CLAUSES

73. NON-LIABILITY OF THE AUTHORITY REPRESENTATIVES

74. SERVICE OF NOTICES ON THE CONTRACTOR

75. MODIFICATION OF CONTRACT

76. PUBLIC RELEASE OF INFORMATION

iv

PERFORMANCE AND PAYMENT BOND

ACKNOWLEDGMENT

SPECIFICATIONS

DIVISION 01 - GENERAL PROVISIONS

77. CONSTRUCTION REQUIRED BY THE SPECIFICATIONS

78. AVAILABLE PROPERTY

79. CONSTRUCTION SITE SECURITY REQUIREMENTS

80. OPERATIONS OF OTHERS

81. LABOR ACTIONS

82. CONTRACTOR'S MEETINGS

83. CONTRACT DRAWINGS

84. SPECIFICATIONS

85. SHOP DRAWINGS, CATALOG CUTS AND SAMPLES

86. SUBSTITUTION

87. WORKMANSHIP AND MATERIALS

88. INSPECTIONS AND REJECTIONS

89. MANUFACTURERS' CERTIFICATION

90. NO RELEASE OF CONTRACTOR

91. ERRORS AND DISCREPANCIES

92. DIFFERING SUBSURFACE CONDITIONS

93. ACCIDENTS AND FIRST AID PROVISIONS

94. SAFETY PROVISIONS

95. REMOVAL AND DIVERSION OF CONSTRUCTION AND DEMOLITION MATERIALS

96. AIR QUALITY PROTECTION

97. DIESEL-POWERED EQUIPMENT

98. DAILY PROGRESS, EQUIPMENT AND LABOR REPORTS

99. LAWS AND ORDINANCES

100. U.S. COAST GUARD SECURITY REQUIREMENTS

101. SIGNS

102. CONTRACTOR'S FIELD OFFICE AND REPRESENTATIVE

103. SURVEYS

104. TEMPORARY STRUCTURES

105. PERMIT AND REQUIREMENTS FOR WELDING

v

106. FINAL INSPECTION

107. WARRANTIES

108. REQUIREMENTS FOR CRANES AND DERRICKS

109. TEMPORARY UTILITY SERVICES

110. TEMPORARY SANITARY FACILITIES

111. PROGRESS SCHEDULE

112. AIRPORT OPERATIONS AND CONDITIONS

113. PERMIT AND REQUIREMENTS FOR ELECTRICAL DISTRIBUTION WORK

114. AIRPORT CONSTRUCTION SAFETY REQUIREMENTS

115. ACCESS TO CUSTOMS SECURITY AREAS

116. HOURS OF WORK AND CONSTRUCTION STAGING

Appendix 1 - Permits

Prevailing Rate Schedule NY

Bid Submission Checklist

A

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 Port Authority platforms.

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.

Contract MFA-1003 – LaGuardia Airport and New York Stewart International Airport – Immediate Repairs. Estimate Range: $5M - $10M. Bids Due: Tuesday, May 19, 2026. The work under this contract consists generally of immediate repairs to buildings, bridges, piers, retaining walls, utilities, and other miscellaneous structures, providing assistance for scheduled inspection by the Engineer and making repairs to existing construction damaged during such inspections at LaGuardia Airport, Queens, New York and New York Stewart International Airport, Orange County, New York, all upon notification as directed by the Engineer and in accordance with Work Order(s) issued by the Engineer. For questions, call Alvin Chen at (212) 435-4636 or e-mail – alchen@panynj.gov.

A1

This Contract contains Prerequisites.

A. The bidder must demonstrate the following:

1) Minimum of five years of continuous experience as a general contractor performing similar type of work to the work of this Contract.

2) Completed or substantially completed at least one contract in last five years comparable in type and complexity to the work of this Contract.

3) Minimum of three years' experience in performing work on a call-in basis or repair response on 24 hour/7 days a week basis where the response time is no more than 24 hours of various types including roadways, bridges, buildings and infrastructure during the last five years.

4) Minimum of one previous contract during the last five years, showing it owns or has the capability to provide equipment and sufficient labor forces to successfully complete the work and maintain multiple responses.

5) The entity's full-time project manager and superintendent must each have a minimum of five years of construction experience on contracts comparable in size, type and complexity to the work of this Contract. The project manager and the superintendent shall not be the same person.

The Port Authority of New York and New Jersey (Port Authority), in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, businesses will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, national origin (including limited English proficiency), creed, sex (including sexual orientation and gender identity), age or disability in consideration for an award.

Additionally, all bidders (including proposers, and respondents, as applicable) are notified that the Port Authority will ensure that, with respect to any contract/agreement entered into pursuant to this advertisement, disadvantaged business enterprises, minority business enterprises and woman-owned business enterprises, as applicable, will be afforded full and fair opportunity to submit bids, proposals and responses, as applicable, in response to this invitation, and no businesses will be discriminated against on the grounds of race, color, national origin (including limited English proficiency), creed, sex (including sexual orientation and gender identity), age or disability in consideration for an award.

TUESDAY, April 21, 2026

S

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: MFA-1003 – LaGuardia Airport and New York Stewart International Airport – Immediate Repairs

Summary Description of Work: immediate repairs to buildings, bridges, piers, retaining walls, utilities, and other miscellaneous structures, providing assistance for scheduled inspection by the Engineer and making repairs to existing construction damaged during such inspections at LaGuardia Airport, Queens, New York and New York Stewart International Airport, Orange County, New York, all upon Notification as directed by the Engineer and in accordance with Work Order(s) issued by the Engineer

1. Estimate Range $5M - $10M

2. Solicitation Type Advertised

3. Contractor Qualification Prerequisites Yes - as specified in the Advertisement and in the Information for Bidders

4. Background Qualification Questionnaire (BQQ) requirement

No

5. Contract Documents contain Protected Information

No

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

7. Bid Bond requirement Yes - $1000000

8. Performance and Payment Bond requirement

Determination will be made prior to award

9. Contract Type Immediate Repairs Work Order

10. Compensation Type IR Net Cost

11. Contract time to Final Completion N/A

12. Term of Contract 4 Year(s)

13. Interim Milestone Completions No

14. Liquidated Damages for failure to Complete on time

Yes - $1000 per Calendar Day

S

Contract No. and Title: MFA-1003 – LaGuardia Airport and New York Stewart International Airport – Immediate Repairs

15. Wage Rates Prevailing Wage Rates

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;

Marine Protection and Indemnity Insurance

19. Permits to be obtained by Contractor No

20. Area Available for Contractor's Use No

21. Materials Furnished by the Authority No

22. Building Information Modeling (BIM) requirements

No

23. Construction Staging/Phasing requirements

Yes - Refer to Division 01

24. Sustainability requirements/LEED compliance

No

25. External Funding anticipated No

26. Buy America requirement No

27. Buy American requirement No

28. Maintenance Agreement No

Date Prepared: April 20, 2026

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 Tuesday, May 19, 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.

2. PREREQUISITES

The bidder shall submit the information required in A. of the clause of the Information for Bidders entitled "Qualification Information" with his Bid.

Company brochures alone shall not be submitted for the purpose of demonstrating experience and technical expertise. Submittals must be tailored to the specific requirements of this Contract.

If the bidder cannot demonstrate that it meets all of the required prerequisite qualifications, then the bidder may, with others, form a joint venture. The prerequisites will be considered satisfied if the joint venture itself, or any of its participants individually, can meet the requirements. If a joint venture which has not been established as a distinct legal entity submits a Bid, it and all participants in the joint venture shall be bound jointly and severally and each such participant in the joint venture shall execute the Bid and do each act and thing required by this Contract. All joint venture bidders must provide documentation of their legal status.

A Bid submitted by a bidder who does not meet the Qualification Information requirements will be considered non-responsive and the bidder's Bid will not be eligible for acceptance by the Authority.

3. PAPERS ACCOMPANYING BIDS

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

A. All information required by and pertaining to paragraph A. of the clause in the Information for Bidders entitled "Qualification Information".

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

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 3 calendar years or the bidder's most recent 3 fiscal years. 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 D, above, prepared directly by the bidder.

Such financial statements must be accompanied by a signed copy of the bidder's most recent 3 years of Federal income tax returns 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, 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 appearing in the Bid Bond form, 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 percentage inserted in the clause thereof entitled "Contractor's Compensation". The percentage 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.

4. QUALIFICATION INFORMATION

A. Each bidder shall submit with his Bid the information requested in A.1.) below in electronic format, either Microsoft Word or Adobe PDF. This information shall be presented in an organized fashion and shall be categorized and sub-categorized in exact accordance with the following paragraphs.

1.) The bidder must demonstrate to the satisfaction of the Authority that it, or the entity performing the applicable work, meets the minimum requirements stated below to the satisfaction of the Chief Engineer. If the bidder cannot demonstrate that it, and the entity performing the applicable work, meets all of the below mentioned qualifications, then the bidder may, with others, satisfy the requirements by forming a joint venture and demonstrate that the joint venture itself, or any of its participants individually, meet the requirements. The bidder may also qualify if the bidder or persons or entities owning and controlling the bidding firm shall have satisfactorily met, as owning and controlling another firm, the below mentioned requirements:

a. Minimum of five years of continuous experience as a general contractor performing similar type of work to the Work of this Contract.

b. Completed or substantially completed at least one contract in last five years comparable in type and complexity to the Work of this Contract.

c. Minimum of three years' experience in performing work on a call-in basis or repair response on 24 hour/7 days a week basis where the response time is no more than 24 hours of various types including roadways, bridges, buildings and infrastructure during the last five years.

d. Minimum of one previous contract, during the last five years, showing it owns or has the capability to provide equipment and sufficient labor forces to successfully complete the Work and maintain multiple responses.

e. The entity's full-time project manager and superintendent must each have a minimum of five years construction experience on contracts comparable in size, type and complexity to the Work of this Contract. The project manager and the superintendent shall not be the same person.

B. 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:

1.) 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.

2.) 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 State-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".

3.) 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.

4.) 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.

5.) Any additional information relevant to the bidder's Bid.

In the event that any of the foregoing in B. above 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.

5. 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. Such notice will state whether or not the Authority elects to require the bidder to furnish a Performance and Payment Bond. 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, if required, 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.

6. 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 if a Performance and Payment Bond is required, 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.

7. 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.

8. 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.

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, WBE or SDVOB firms available to participate in the Work. The Authority analysis estimated that 20 percent, 10 percent and 3 percent of the dollar value of the subcontracted Work would be expected to be performed by MBE, WBE and SDVOB firms, respectively. 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 or the Regional Alliance for Small Contractors such as the Loaned Executive Assistance Program (L.E.A.P.);

(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 subcontractor. Prior to being accepted as a participant in the L.E.A.P. program, the MBE/WBE/SDVOB subcontractor will be required to release the Authority and the individuals furnishing consultant advice of all liability and responsibility in connection therewith.

i. Participating in annual reviews by the Authority of the Contractor's compliance with its Outreach Plans; and

j. Developing and executing outreach events to increase MBE, WBE and SDVOB participation.

2.) Good Faith Efforts to achieve compliance with the Outreach Plans will be deemed fully met only if:

a. The slate of subcontractors considered for a portion of the subcontracted work by the Contractor includes MBE, WBE and SDVOB firms at the level set forth above;

(i) For avoidance of doubt, such MBE, WBE or SDVOB subcontractors on the slate need not be awarded subcontracts in order that the Outreach Plans be deemed satisfied.

b. The MBE, WBE or SDVOB opportunities to bid or propose on the subcontracted work constitute a commercially useful function which is a distinct element of work on a contract and the responsibilities for which are actually performing, managing and supervising said subcontracted work. However, if the arrangement being evaluated erodes the ownership, control or independence of the MBE/WBE/SDVOB or if its role is limited to that of an extra participant in a transaction or contract through which funds are passed in order to obtain the appearance of MBE/WBE/SDVOB participation, or if the arrangement in any other way does not meet the commercially useful function requirement, the inclusion of an M/WBE or SDVOB firm on a slate of bidders or proposers for subcontracted work will not be counted toward meeting the Outreach Goal (provided that an MBE/WBE/SDVOB will be provided an opportunity upon request, to rebut a determination by the Authority that the MBE/WBE/SDVOB is not performing a commercially useful function to the Authority);

c. The MBE, WBE or SDVOB employs a workforce (including administrative and clerical staff) separate and apart from that employed by the Contractor or their affiliates. This does not preclude the employment by the MBE/WBE/SDVOB of an individual that has been previously employed by the Contractor; provided that the individual was independently recruited by the MBE/WBE/SDVOB in accordance with customary industry practice and there has been no routine transfer of work crews from another employer to the MBE/WBE/SDVOB; and

d. The subcontracted work to be bid or proposed on by the MBE, WBE or SDVOB will be controlled and supervised by said firm without duplication of supervisory personnel from the Contractor or their affiliates (other than routine communication between the supervisory personnel of the subcontractor and other supervisors necessary to coordinate the work).

e. If the MBE, WBE or SDVOB firms are given opportunities to bid or propose through a joint venture, only the percentage amount equal to the proportion of the total dollar value of the subcontract to be awarded equal to clearly defined portion of the subcontracted work the MBE/WBE/SDVOB is proposed to perform with its own forces will be counted towards the respective Outreach Goal.

f. If the MBE, WBE or SDVOB proposes to subcontract to another firm part of the Work to be awarded to the MBE, WBE or SDVOB, the value of the work subcontracted to another firm may be counted toward Outreach Goals only if the proposed second-tier subcontractor is also itself an MBE, WBE or SDVOB.

F. Monthly Outreach Plan Progress Report

The Contractor shall submit a report each month ("Monthly Report") to the Engineer providing information on implementation of its Outreach Plans. Such Monthly Reports shall be submitted in an Excel format that include the firm name, address and type of proposed subcontracting services for every MBE, WBE and SDVOB firm that was contacted to bid or propose to participate in the Work.

Nothing herein shall be deemed to supersede or to otherwise modify the clause of the Form of Contract entitled "Assignments and Subcontracts".

10. INSPECTION OF SITE

Each bidder or his authorized representative must make proper arrangements with the Engineer at the construction site before inspecting the construction site. To make such arrangements call Joseph Lewis at

(718) 533-3547 or email at jlewis@panynj.gov.

11. QUESTIONS BY BIDDERS

Questions by prospective bidders concerning the Contract may be addressed to Alvin Chen, at (212) 435- 4636 or email at alchen@panynj.gov, who, however, is authorized only to direct the attention of prospective bidders to various portions of the Contract so that they may read and interpret such portions for themselves. Neither Alvin Chen nor any other employee or representative of the Authority is authorized to give interpretations of any portion of the Contract or to give information as to the requirements of the Contract in addition to that contained in the Contract.