2-RFPDOC 6000000743.pdf

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

December 21, 2021

SUBJECT: REQUEST FOR PROPOSALS FOR PERFORMANCE OF EXPERT

PROFESSIONAL TRAFFIC ENGINEERING CONSTRUCTION AND

OPERATIONS SUPPORT SERVICES FOR REDEVELOPMENT

PROGRAMS AS REQUESTED ON A "CALL-IN" BASIS DURING 2022

THROUGH 2025 (RFP# 6000000743)

Dear Sir or Madam:

The Port Authority of New York and New Jersey (the “Authority” or “Port Authority”) is seeking Proposals in response to the subject Request for Proposals (RFP) for the performance of expert professional Traffic Engineering Construction and Operations Support Services for Redevelopment Programs as requested on a “call-in” basis during 2022 through 2025.

The scope of services to be performed by you are set forth in Attachment A to the Authority’s standard agreement (the “Agreement”) included herewith. You should carefully review this Agreement as it is the form of agreement that the Authority intends that you sign in the event of acceptance of your Proposal and forms the basis for the submission of Proposals. At its discretion, the Authority may retain multiple firms for performance of the subject services.

PRE-PROPOSAL MEETING

A virtual Pre-Proposal Meeting is scheduled on January 4, 2022 at 2:00 P.M. Eastern Time (ET).

Please use the below link to access the meeting on January 4th. If you have any issues connecting, please email Robin Murray at RMurray@panyn.gov.

Event address for attendees:

https://panynj.diversitysoftware.com/Event.asp?EID=A98302C1066D68A352C794165BF3D5D

A9D35B5A7A5946FF7&BAB=23DF1B79700F641766BBB11458F71B9D094640F3EF56A459

I. PROPOSER REQUIREMENTS:

The Authority will consider only those firms who are able to demonstrate compliance with the following minimum qualifications requirements:

1. A minimum of five (5) years of firm experience, and five (5) traffic engineering staff members providing professional traffic operational analysis, and/or maintenance of traffic design, and/or traffic device design, and/or transportation management planning services of comparable type and complexity to the contemplated services, for public airports and/or other public transportation facilities.

2. The prospective proposer must have Professional Engineer(s) licensed to practice in the State of New York and New Jersey, with design work limited to the state of licensure.

3. Must be able to respond to incidents or attend meetings at facilities in the Port District.

4. Firm must have a Certification of Authorization in New York and New Jersey or exclusion from the States.

A determination that a Proposer meets the forgoing requirement(s) is no assurance that the Proposer will be selected for performance of the subject services. Firms that do not meet these requirements shall not be considered.

II. PROPOSAL FORMAT REQUIREMENTS:

To respond to this RFP, the Proposer shall submit a concise Proposal in response to each of the following basic criteria:

A. To be acceptable, this Proposal shall be no more than 20 pages, using 12 point or greater font size, not including resumes. The page limit pertains only to Letters G and H in Section III, below. Each resume shall be a maximum of two-pages using 12 point or greater font size. The Proposal pages shall be numbered. The cover page of your submittal must be labeled to include the RFP Number 6000000743 and title as indicated in the “Subject” above, full legal name of your firm and your firm’s Port Authority Vendor ID number.

If your firm is not a registered vendor with the Port Authority, please visit https://www.paprocure.com/irj/portal to create an account and receive a PA Vendor ID number.

For further instructions for creating a PA Vendor ID number and answers to frequently asked questions please visit:

https://www.paprocure.com/irj/servlet/prt/portal/prtroot/pcd!3aportal_content!2fcom.pany nj.fld_Anonymous!2fcom.panynj.ivw_supp_registration_id.

B. Separate each section of the Proposal with a divider that is labeled in accordance with the letter of the requirements specified below in Section III.

C. In each submission to the Authority, the Proposer shall use its FULL LEGAL NAME WITHOUT ABBREVIATIONS. Failure to comply with this requirement may lead to delays in contract awards and contract payments, which shall be the responsibility of the Proposer.

D. The Port Authority has transitioned to an entirely digital submission process for the receipt of proposals in response to this RFP using the Bonfire platform, located at the link below.

Proposers must register and create a free Bonfire account at the provided link in order to log in and download the referenced solicitation and associated information, and in order to upload proposal submissions. Registration on the Bonfire platform requires a registration that is separate and distinct from all other Authority software platforms.

The Authority shall accept only those proposals in electronic format for which the submission or modification is completed at the time of the Proposal Due Date. Proposal submissions will be accepted by upload only, at https://panynj.bonfirehub.com/portal/?tab=login and must be uploaded and received by the Authority no later than 2:00 P.M. Eastern Time (ET) on January 25, 2022. Emailed submissions, hand deliveries and mailed deliveries (e.g., UPS, USPS) will not be accepted.

Proposal submissions must be uploaded, submitted and finalized prior to the Proposal Due Date. Proposers are strongly urged to allow sufficient time of at least one (1) day prior to the Proposal Due Date to begin the uploading process and finalizing the Proposal submission. Proposers will receive an email confirmation receipt with a unique confirmation number once a Proposal submission is finalized.

Proposers will be permitted to submit modifications to Proposals or withdraw previously submitted Proposals electronically up to, but not after, the time of the Proposal Due Date.

E. Interested Subconsultants are encouraged to add your firm to Port Authority certified Subconsultant’s list for this RFP using the link below. Prime proposers can access Subconsultants information by using the following link: https://www.panynj.gov/port-authority/en/business-opportunities/solicitations-advertisements/professional-services.html

III. SUBMISSION REQUIREMENTS:

To respond to this RFP, provide the following information:

A. In the front of your Proposal, provide a copy of Attachment B (Agreement on Terms of Discussion), signed by an officer of your company.

B. A completed copy of Attachment C (Company Profile).

C. Transmittal Letter

Submit the transmittal letter, on letterhead, signed by an authorized representative, demonstrating compliance with the aforementioned “Proposer Requirement” as noted in Section I above. For all projects referenced, include the name of the client/company and the client/company’s contact information for verification purposes.

In addition, include a statement indicating whether the Proposer is proposing as a single entity, or as a joint venture.

1. If a single-entity proposer cannot demonstrate that it meets all of the referenced qualifications, then the single-entity proposer may, with others, form a joint venture and request that the joint venture be deemed to be the Proposer (i.e., members of the joint venture may meet the qualification requirement collectively). If a common-law joint venture submits a proposal, all participants in the joint venture shall be bound jointly and severally and each participant shall execute the proposal.

2. If the Proposer is a joint venture, the joint venture’s Proposal shall contain an executed teaming agreement, or alternatively, if the entities making up the joint venture proposer have not executed a teaming agreement, the joint venture’s proposal shall contain a summary of key terms of the anticipated agreement. If the joint venture proposer is a consortium, partnership or any other form of a joint venture, or an association that is not a legal entity, the Proposal shall include a letter signed by each member indicating a willingness to accept joint and several liability until the point at which a corporation, limited liability company or other form of legal entity is formed, if any (firms shall remain jointly and severally liable in the absence of the formation of such legal entity), for the purposes of undertaking the Agreement.

D. Provide the “multipliers” referred to in subparagraph 9.A. of the accompanying standard Agreement including a breakdown of said multiplier, indicating all of its components (e.g., vacation, holiday, sick pay, workers’ compensation, office rent, insurance, profit).

E. Staff Qualifications and Experience

Resumes, including technical qualifications, of all full-time engineering and technical personnel (including subconsultants, if any) of your firm who will be assigned to perform the requested services.

F. Include the names titles and hourly rate(s) and billing rates that would be in effect at the start of the Agreement term (January 1, 2022 to December 31, 2022) for professional and technical personnel who will be assigned to perform any services requested. Indicate billing rates for partners or principals and actual hourly pay rates for all other billable employees. Provide a company policy for compensation for premium pay (i.e. holidays, shift differentials, regular days, weekends and night work or union required payments must be included). Please use the provided attachment labeled “Exhibit I – Salary Schedule” as a template. Typical job titles may include, but are not limited to, the following:

1. Principal or Partner (Billing Rate)

2. Engineers (Actual Hourly Rate)

3. Technicians (Actual Hourly Rate)

G. Firm Qualifications and Experience Identify the experience of your firm in providing services similar to those contemplated herein. Identify comparable services performed during the last five (5) years, owners (client/agency), owner’s contact information (for verification purposes), and indicate whether said projects were completed on schedule and within budget. Provide an explanation, if applicable, for why a project was not completed on schedule and/or within budget.

H. Management Approach Provide your proposed Management Approach to performing the required services, being responsive to the client’s needs, keeping the client apprised of the project status, and to ensuring the quality of the work product. This should also include the firm’s quality control and quality assurance approaches to invoice submission management quality control and quality assurance to ensure compliance with the Authority’s electronic Engineering Consultant Invoice Program, including but not limited to on-time, complete and accurate invoice submittals.

I. Your attention is directed to Paragraph 21 of the Agreement in which the Authority has stated the Minority Business Enterprises (MBEs), Women-owned Business Enterprises (WBEs), and Service-disabled Veteran-owned Business Enterprises (SDVOBs) goals for participation in this program. In order to facilitate the meeting of these goals, the Consultant shall use every good-faith effort to utilize subconsultants who are Authority-certified MBEs, WBEs or SDVOBs or SDVOBs certified by the State of New York to the maximum extent feasible. A listing of certified MBE/WBE/SDVOBs firms is available at https://www.panynj.gov/port-authority/en/business-opportunities/supplier-diversity/directories-of-MWBE.html. Task orders to be performed at the Authority’s airports, specifically Newark Liberty International, John F. Kennedy International, and LaGuardia Airports, may require utilization of Local Business Enterprises (LBEs). The Consultant shall use every good-faith effort to utilize subconsultants who are LBEs within the Port District to the maximum extent feasible. Specific requirements shall be included in the task order requests.

For each Task Order to perform work issued under this Agreement, the selected Consultant(s) shall submit to the Authority for review and approval prior to commencing any services, along with invoices, the Statement of Subcontractor Payments in the form of the MBE/WBE Participation Report (Form PA 3760C) and concerning SDVOB participation, the Proposer shall submit the SDVOB Participation Plans (Form PA 3760SDV1), both of which may be downloaded at https://www.panynj.gov/port-authority/en/business-opportunities/Vendor-Resources.html.

The Authority has a list of certified MBE/WBE/SDVOB service firms which is available to you at http://www.panynj.gov/business-opportunities/supplier-diversity.html. The Consultant will be required to submit to the Authority's Office of Diversity and Inclusion (ODI) for certification the names of MBE/WBE/SDVOB firms it proposes to use who are not on the list of certified MBE/WBE/SDVOB firms.

The Consultant shall include their MBE/WBE Participation Plans (Form PA 3760C) with their task order proposals, to be reviewed and approved by the Authority’s ODI.

Concerning SDVOB participation, the Consultant shall include their SDVOB Participation Plans (Form PA 3760SDV1) with their task order proposals, to be reviewed and approved by the Authority’s ODI.

The MBE/WBE/SDVOB Plan submitted by the Consultant to the Authority shall contain, at a minimum, the following:

• Identification of MBE/WBE/SDVOBs: Provide the names and addresses of the MBE/WBE/SDVOBs. If none are identified, describe the process for selecting participant firms in order to achieve the good faith goals under this Agreement.

• Level of Participation: Indicate the percentage of MBE/WBE/SDVOB participation expected to be achieved with the arrangement described in the Plan.

• Scope of Work: Describe the specific scope of work the MBE/WBE/SDVOBs will perform.

All MBE/WBE/SDVOB subconsultants listed on the MBE/WBE/SDVOB Participation Plan must be certified by the Authority in order for the Consultant to receive credit toward the MBE/WBE/SDVOB goals set forth in this Agreement. Please go to https://www.panynj.gov/port-authority/en/business-opportunities/supplier-diversity.html to search for MBE/WBE/SDVOBs by a particular commodity or service. The Authority makes no representation as to the financial responsibility of these firms or their ability to perform work under this Agreement.

Subsequent to Agreement award, all changes to any of the MBE/WBE/SDVOB Participation Plans must be submitted via a Modified MBE/WBE/SDVOB Participation Plan to the Manager for review and approval by ODI. For submittal of modifications to the MBE/WBE Plan, Consultants are directed to use form PA3760D, and for modifications to the SVOB Plan Consultants are directed to use form PA3760SDV2. The Consultant shall not make changes to any of its approved MBE/WBE/SDVOB Participation Plans or substitute MBE/WBE/SDVOB subconsultants or suppliers for those named in their approved plans without the Manager’s prior written approval. Unauthorized changes or substitutions, including performing the work designated for a subconsultant with the Consultant’s own forces, shall be a violation of this section. Progress toward attainment of MBE/WBE/SDVOB participation goals set forth herein will be monitored throughout the duration of the Agreement.

The Consultant shall also submit to the Project Manager, along with invoices, the Statement of Subcontractor Payments in the form of the MBE/WBE/SDVOB Participation Report, which may be downloaded at https://www.panynj.gov/port-authority/en/business-opportunities/Vendor-Resources.htmlThe Statement must include the name and business address of each MBE/WBE/SDVOB subconsultant and supplier actually involved in the Agreement, a description of the work performed and/or product or service supplied by each such subcontractor/subconsultant or supplier, the date and amount of each expenditure, and such other information that may assist the Project Manager in determining the Consultant’s compliance with the foregoing provisions.

Prompt Payment/Retainage The Consultant shall pay each subconsultant under this Agreement, for satisfactory performance of its subcontract, no later than ten (10) days from the receipt of each payment the Consultant receives from the Authority. The Consultant shall return retainage payments, if any, to each subconsultant within ten days after the subconsultants’ work is satisfactorily completed. Any delay or postponement of payment from the above referenced timeframe may occur only for good cause following written approval of the Authority. Failure to pay subconsultants or return retainage payments may constitute a material breach of this Agreement, entitling the Authority to remedies provided in this Agreement, in addition to any other available remedy.

MBE/WBE/SDVOB Conditions of Participation

MBE/WBE/SDVOB participation will be counted toward meeting the MBE/WBE/SDVOB agreement goal, subject to all of the following conditions:

1. Commercially Useful Function: An MBE/WBE/SDVOB is considered to perform a commercially useful function when it is responsible for the execution of a distinct element of work on a contract and carries out its responsibilities by actually performing, managing, and supervising the work involved in accordance with normal industry practice. Regardless of whether an arrangement between the Consultant and the MBE/WBE/SDVOB represent standard industry practice, if the arrangement erodes the ownership, control or independence of the MBE/WBE/SDVOB or in any other way does not meet the commercially useful function requirement, that firm shall not be included in determining whether the MBE/WBE/SDVOB goal is met and shall not be included in MBE/WBE/SDVOB reports. If this occurs with respect to a firm identified as an MBE/WBE/SDVOB, the Consultant shall receive no credit toward the MBE/WBE/SDVOB goal and may be required to backfill the participation. An MBE/WBE/SDVOB does not perform a commercially useful function 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. An MBE/WBE/SDVOB may rebut a determination by the Authority that the MBE/WBE/SDVOB is not performing a commercially useful function to the Authority.

2. Work Force: The MBE/WBE/SDVOB must employ a work force (including administrative and clerical staff) separate and apart from that employed by the Consultant, other subcontractors/subconsultants on the Agreement, or their affiliates. This does not preclude the employment by the MBE/WBE/SDVOB of an individual that has been previously employed by another firm involved in the Agreement, provided that the individual was independently recruited by the MBE/WBE/SDVOB in accordance with customary industry practice. The routine transfer of work crews from another employer to the MBE/WBE/SDVOB shall not be allowed.

3. Supervision: All work performed by the MBE/WBE/SDVOB must be controlled and supervised by the MBE/WBE/SDVOB without duplication of supervisory personnel from the Consultant, other subconsultants on the Agreement, or their affiliates. This does not preclude routine communication between the supervisory personnel of the MBE/WBE/SDVOB and other supervisors necessary to coordinate the work.

Counting MBE/WBE/SDVOB Participation

The value of the work performed by an MBE/WBE/SDVOB, with its own equipment, with its own forces, and under its own supervision will be counted toward the goal, provided the utilization is a commercially useful function. An MBE/WBE/SDVOB prime contractor/consultant shall still provide opportunities for participation by other MBE/WBE/SDVOBs. Work performed by MBE/WBE/SDVOBs will be counted as set forth below. If the Authority determines that some or all of the MBE/WBE/SDVOBs work does not constitute a commercially useful function, only the portion of the work considered to be a commercially useful function will be credited toward the goal.

1. Subconsultants: One hundred percent (100%) of the value of the work to be performed by an MBE/WBE/SDVOB subconsultant will be counted toward the MBE/WBE/SDVOB goal. The value of such work includes the cost of materials and supplies purchased by the MBE/WBE/SDVOB, except the cost of supplies or equipment leased from the Consultant, other subconsultants or their affiliates will not be counted.

When an MBE/WBE/SDVOB subcontracts part of the work of its contract to another firm, the value of the subconsultant work may be counted toward MBE/WBE/SDVOB goals only if the MBE/WBE/SDVOB subconsultant is itself an MBE/WBE/SDVOB. Work that an MBE/WBE/SDVOB sub consults to a non-MBE/WBE/SDVOB firm does not count toward MBE/WBE/SDVOB goals.

2. Material Suppliers: Sixty percent (60%) of the expenditure to an MBE/WBE/SDVOB material supplier will be counted toward the MBE/WBE/SDVOB goal. Packagers, brokers, manufacturer’s representatives, or other persons who arrange or expedite transactions are not material suppliers within the meaning of this paragraph.

3. Broker’s/Manufacturer’s Representatives: One hundred percent (100%) of fees or commissions charged for assistance in the procurement of the materials and supplies, or fees for transportation charges for the delivery of materials or supplies provided by an MBE/WBE/SDVOB broker/manufacturer’s representative will be counted toward the MBE/WBE/SDVOB goal, provided they are determined by the Authority to be reasonable and not excessive as compared with fees customarily allowed for similar services. The cost of the materials and supplies themselves will not be counted.

4. Services: One hundred percent (100%) of fees or commissions charged by an MBE/WBE/SDVOB for providing a bona fide service, such as professional, technical, consultant, or managerial services, or for providing bonds or insurance specifically required for the performance of the work will be counted toward the MBE/WBE/SDVOB goal, provided the fee is reasonable and not excessive as compared with fees customarily allowed for similar services.

5. Joint Venture: Joint ventures between MBE/WBE/SDVOBs and non- MBE/WBE/SDVOBs may be counted toward the MBE/WBE/SDVOB goal in proportion to the total dollar value of the Agreement equal to the distinct, clearly defined portion of the work of the Agreement that the MBE/WBE/SDVOB performs with its own forces.

Contact ODI at (201) 395-3117 for more information about requirements for such joint ventures.

J. A complete list of your firm’s affiliates.

K. If the Proposer or any employee, agent or subcontractor/subconsultant of the Proposer may have, or may give the appearance of a possible conflict of interest, the Proposer shall include in its Proposal a statement indicating the nature of the conflict and a proposed mitigation plan. The Authority reserves the right to disqualify the Proposer if, in its sole discretion, any interest disclosed from any source could create, or give the appearance of, a conflict of interest. The Authority reserves the right to disqualify the Proposer if, in its sole discretion, it is not possible to mitigate the conflict of interest, with respect to any conflict disclosed from any source. The Authority's determination regarding any question(s) of conflict of interest shall be final.

Proposers are advised that, while not currently anticipated, nothing herein shall preclude the Authority from determining at a subsequent point in time during performance of the services contemplated hereunder gives rise to the existence of, or the appearance of, a conflict of interest, and thereby conclude that a firm(s) selected for performance of the subject services, is/are expressly precluded from participation in, or the performance of other procurement opportunities for any project on which the firm has provided such services. Proposers are directed to Paragraph 34 of the attached Standard Agreement.

Proposers are further advised that under this Agreement, firms must provide, upon receipt of a Task Order issued by the Authority, written notice to the Authority of any existing or potential conflict of interest the firm(s) may have in the performance of Services under this Agreement. The Authority’s determination regarding any question(s) of conflict of interest shall be final.

L. The selected Consultant(s) shall comply with the requirements of the Agreement. You should therefore not make any changes in this Agreement, nor restate any of its provisions in your Proposal or supporting material.

IV. SELECTION PROCESS:

The qualifications-based selection shall take into consideration the following technical criteria, (listed in order of importance) and subsequently cost, as appropriate:

A. Qualifications and experience of the staff proposed to perform services hereunder;

B. Qualifications and experience of the firm, including the quality of similar services provided to others including the demonstrated ability to complete the services in accordance with the project schedule;

C. Management approach for the performance of the contemplated services.

After consideration of these factors, the Authority may enter into negotiations with the firms deemed best qualified in terms of the foregoing factors to perform the required services.

V. ADDITIONAL INFORMATION:

The Port Authority embraces a workplace where the values of diversity and inclusion support varying perspectives and backgrounds to produce a richer environment.

The Port Authority expects all our consultants, contractors and vendors, to demonstrate a similar commitment, and undertake every effort to ensure their project teams represent the diverse makeup of the communities in and around the Port District.

If your firm is selected for performance of the subject services, the Agreement you will be asked to sign will include clauses entitled “Certification of No Investigation (Criminal Or Civil Anti-Trust), Indictment, Conviction, Debarment, Suspension, Disqualification and Disclosure Of Other Information” And “Non-Collusive Proposing, And Code Of Ethics Certification;

Certification Of No Solicitation Based On Commission, Percentage, Brokerage, Contingent Or Other Fees.” By submitting a Proposal, the Consultant shall be deemed to have made the certifications contained therein unless said Consultant submits a statement with its Proposal explaining why any such certification(s) cannot be made. Such a submission shall be submitted in a separate envelope along with your Proposal clearly marked “CERTIFICATION

STATEMENT.”

It is Authority policy that its consultants, contractors and vendors comply with the legal requirements of the States of New York and New Jersey. Your attention is therefore called to New York State’s requirements that certain consultants, contractors, affiliates, subcontractors/subconsultants and subcontractors’/subconsultants’ affiliates register with the New York State Department of Taxation and Finance for the purpose of collection and remittance of sales and use taxes. Similarly, New Jersey requires business organizations to obtain appropriate Business Registration Certificates from the Division of Revenue of the State’s Department of the Treasury.

Proposers are also advised that additional vendor information, including but not limited to forms, documents and other related information, may be found on the Authority website at www.panynj.gov or https://www.panynj.gov/port-authority/en/business-opportunities/Vendor-Resources.html.

Each party agrees that an electronic signature to this Agreement whether affixed digitally or transmitted by fax, email or other electronic means, is intended to authenticate such party’s writing and to have the same binding and legal effect as an original signature. Signature shall be by a corporate officer authorized to bind the Proposer to the terms of the Agreement. The return of the copy executed by the Authority will effectuate the Agreement.

As a result of impacts related to COVID-19, the Authority may request that Consultant(s) respond to task orders solicited through this Call-In Program that may be funded in whole or in part by federal entities such as the Federal Emergency Management Agency (“FEMA”), Federal Transit Administration (“FTA”) and others. These specific task order requests shall be solicited, negotiated and issued in accordance with all applicable federal guidelines.

Should you have any questions, please contact Monika Radkowska, Solicitation Manager, at mradkowska@panynj.gov. All such correspondence must have your name, title, company, mailing address, telephone number, and state the subject RFP number in the subject line. The Authority must receive all questions no later than 4:00 P.M. ET, seven (7) working days before the RFP due date. Neither Ms. Radkowska, nor any other employee of the Authority is authorized to interpret the provisions of this RFP or accompanying documents or give additional information as to their requirements. If interpretation or additional information is required, it will be communicated by written addendum issued by the undersigned and such writing shall form a part of this RFP, or the accompanying documents, as appropriate. For RFP updates and Addenda, if any, Proposers are encouraged to access, and monitor, the Bonfire platform at https://panynj.bonfirehub.com/portal/?tab=login. You should, therefore, monitor the advertisement on said website, as appropriate, to ensure you are aware of changes, if any.

Proposal preparation costs are not reimbursable by the Authority, and the Authority shall have no obligation to a firm except under a duly authorized agreement executed by the Authority.

No rights accrue to any Proposer except under a duly authorized agreement for performance of the specified services.

The Authority reserves the unqualified right, in its sole and absolute discretion, to reject all Proposals, to undertake discussions and modifications with one or more Consultants, to waive defects in Proposals and to proceed with that Proposal or modified Proposal, if any, which in its judgment will, under all the circumstances, best serve the public interest.

ATTACHMENT A

PERFORMANCE OF EXPERT PROFESSIONAL TRAFFIC ENGINEERING

CONSTRUCTION AND OPERATIONS SUPPORT SERVICES FOR

REDEVELOPMENT PROGRAMS AS REQUESTED ON A "CALL-IN" BASIS

DURING 2022 THROUGH 2025

I. BACKGROUND

For background with respect to The Port Authority of New York and New Jersey (the “Authority”), see www.panynj.gov. Additionally, an electronic version of the Authority’s most recent Annual Report is available at http://www.panynj.gov/corporate-information/annual-reports.html.

The Authority is undergoing the planning, design and/or construction for the redevelopment of key transportation facilities, such as the three (3) major airports (Newark Liberty International, John F. Kennedy International, and LaGuardia Airports) including their AirTrain people moving systems, the Port Authority Bus Terminal (PABT), and the Lincoln Tunnel Helix. The Authority is committed to infrastructure improvements that shall enable our facilities to keep the people and goods moving in the region as part of its capital plan, prioritizing 21st Century customer experience and operational excellence.

II. SCOPE OF WORK

The services of the Consultant shall generally consist of providing transportation engineering operations and construction support for vehicular, pedestrian, and transit facilities for a variety redevelopment construction and rehabilitation projects. These services include performing transportation operational assessments, developing data-driven transportation mitigation solutions and overseeing their implementation, maintenance of traffic and construction field support, Transportation Management Plan support, and real-time transportation management from facility operations centers. Given the dynamic and complex nature of the Authority’s facilities, this work shall require the application of creative and innovative transportation engineering operations strategies and construction support. The Consultant service may include, but not be limited to:

A. Represent the Traffic Engineering group on construction projects and operational assignments, working closely with the Resident Engineer Office contractors, consultant firms, landside operations Airport Facility staff, and other stakeholders within the Authority.

B. Transportation Construction Support

1. Prepare or review Construction Staging and Maintenance of Traffic (MOT) plans, and present findings related to constructability; potential conflicts with other construction projects; traffic, transit and ground transportation impacts and circulation impediments; and pedestrian mobility.

2. Assess and prepare drawings for field changes during construction of roadways, intersections, and control devices.

3. Coordinate with Resident Engineer’s office on traffic related Requests for Information (RFI) from contractors.

4. Oversee the review process of all traffic related shop drawings.

5. Providing or reviewing traffic engineering final design packages and provide comments prior to completion and field implementation.

6. Perform field inspections on traffic control devices and develop punch lists for the

Resident Engineer Office.

7. Provide expert guidance to the Resident Engineers Office such that all temporary and permanent traffic plans are implemented properly.

8. Develop and review MOT, signing, striping, signals, and transportation technology design plans during construction in accordance with standards and regulations, coordinating implementation of these plans with the Facility, Construction Management Division, and Resident Engineer’s Office representatives.

9. Provide Intelligent Transportation Systems (ITS) and traffic signal system inspection, installation, integration, and testing support and provide documentation and training for systems.

10. Facilitate coordination of phasing, staging, and work zones of various construction projects to ensure that transportation-related impacts to the airport patrons are minimized as part of the Transportation Management Plan (TMP) process.

11. Identify, if necessary, obtain, required construction permits for projects proposed by the Authority and assist in preparation of all documentation, agreements, and applications necessary

12. Review plans prepared by other agencies and stakeholders for compliance with local permit requirements and submit comments as appropriate. In cases where plans do not comply with requirements, propose mitigation measures as appropriate.

C. Transportation Operations Support

1. Provide Traffic Engineering operational assessments of airport landside elements

(frontages, ground transportation, parking, toll plazas, taxi operations, and For Hire Vehicles staging, parking, etc.), bus facilities (ramps, bus gates, vertical circulation, etc.), transit facilities (people movers, AirTrain, etc.), and roadways (toll plazas, highways, ramps, streets, etc.)

2. Assist airport landside operations Facility staff with ground transportation impacts during construction including stop locations, bus rerouting, and pedestrian queue areas.

3. Assess how flight passenger demand can be translated to vehicles and impact the landside transportation network from a traffic operational perspective.

4. Provide oversight and staffing for the support of traffic engineering’s role in transportation monitoring and active traffic management at unified Transportation Management Centers.

5. Responsible for the traffic operational aspects of traffic signals and ITS related to the redevelopment programs.

6. Evaluate the traffic operational effects and incident management and recommend mitigation measures for construction impacts on roadways, ramps, toll plazas, pedestrian facilities, including how they affect the region, coordinating with external stakeholders and agencies.

7. Develop and implement monitoring plan of the transportation functions, such that traffic and pedestrian flow is optimized and maintained throughout the construction process and assist in preparing daily/monthly reports.

8. Assist in developing and execution of the TMP, and update to the TMP document and coordinate with stakeholders throughout the process.

9. Recommend, develop, and oversee implementation of transportation demand management, operations, or geometric mitigation strategies during construction.

10. Prepare or review ITS, traffic signal, and technical deliverables design and construction staging from a transportation engineering operational perspective.

11. Perform and leverage transportation analysis to inform decision making, through both traditional traffic simulation modeling as well as levering traffic data hubs, trending analysis, data analytics, and visualization platforms.

12. Acquiring transportation data and incorporating into the centralize transportation engineering data hub. Performing traffic data collection as needed.

13. Update mapping platforms to support construction changes.

D. Provide Programmatic elements and production management into the workstream such as developing scopes, schedules, budgets, resource loaded schedules, budget tracking, and full-time equivalent staffing analysis.

E. Perform any additional services as requested by the Authority’s Traffic Engineering group for the successful completion of the program.

III. DESCRIPTION OF CONSULTANT'S TASKS

Tasks to be performed by the Consultant shall include, but are not limited to:

A. Conduct field investigations and observations.

B. Develop project scoping and attend meetings.

C. Prepare construction cost estimating.

D. Prepare various reports and documentation.

E. Prepare presentations of findings. Developing graphics and presentation material.

F. Develop contract drawings, specifications, estimates, shop drawings and submittals review: Maintenance of Traffic, traffic control devices, signing, pavement markings, roadside design, traffic signals, and ITS devices.

G. Perform inspection of traffic control device implementation, including signs, pavement markings, roadside devices, etc.

H. Perform ITS and Traffic Signal system acceptance testing.

I. Perform Traffic Signal Turn-On and Final Inspections.

J. Prepare Transportation Operational assessments.

K. Update, implement, and monitor TMP.

L. Support active traffic management at transportation management center.

M. Develop transportation operational mitigation strategies.

N. Acquire transportation data and perform data collection as necessary.

O. Perform transportation analyses and data analytics of vehicular, pedestrians, and transit facilities.

P. Update mapping platforms.

Q. Develop scope, schedule, budgets, cost tracking, and resource loaded schedules.

R. Furnish staff to work with the Authority on various assignments, including on-site(s).

IV. SUBMISSIONS

All work performed by the Consultant including the preparation of documents, reports, drawings, etc. shall be performed and submitted in accordance with a schedule approved by the Authority prior to the performance of any such work.

When services to be performed by the Consultant include the preparation of Contract Documents, or the performance of post award services, the Consultant shall submit its specific Quality Control/Assurance Program to the Chief Engineer prior to the performance of said services.

When the Consultant has completed preparation of any Contract Documents, they shall submit a letter to the Chief Engineer certifying the Consultant’s conformance with the aforementioned Quality Control/Assurance Program.

Except as otherwise noted herein, all designs and preparation of Contract Documents shall conform to Authority Standards, and those codes and regulations which would be applicable if the Authority were a private corporation and, in case of a conflict, the more stringent requirement shall apply.

V. CONDITIONS AND PRECAUTIONS

A. General

The Consultant shall immediately inform the Authority of any unsafe condition discovered at any time during the course of this work.

Vehicular, aircraft, rail, and/or pedestrian traffic shall have priority over any and all of the Consultant’s operations.

B. Work Areas The Consultant shall limit its work to the area necessary for the performance of such services and shall not interfere with the operation of the facility without first obtaining specific approval from the Authority.

The Consultant shall take steps necessary to ensure the safety of its staff during performance of the work. All Personal Protective Equipment, including, but not limited to, safety shoes, hardhat, and safety vest, shall be worn for all field work. In addition, where necessary, fall protection equipment shall be utilized.

During all periods of time when it is not performing operations at the work site, the Consultant shall store all equipment being used for the services in areas designated by the Authority and shall provide all security required for such equipment.

The Consultant shall not permit any objects or pieces of equipment to lie unattended on sidewalks, roadways, taxiways, runways, aircraft movement areas, tracks, or structures at any time.

Photography of the facility buildings and surrounding area is not permitted without approval from the Authority.

C. Work Hours The Consultant shall coordinate its work at the site(s) with the Project Manager, unless otherwise directed by Authority.

In any case, no work shall be performed at the site on any holiday observed by the Authority, unless otherwise directed by the Authority.

Lillian D. Valenti Chief Procurement Officer

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

P.A. AGREEMENT # ***-**-***

DATE

FIRM

ADDRESS

CITY, ST ZIP

Attention: CONTACT, TITLE

SUBJECT: PERFORMANCE OF EXPERT PROFESSIONAL TRAFFIC

ENGINEERING CONSTRUCTION AND OPERATIONS SUPPORT

SERVICES FOR REDEVELOPMENT PROGRAMS AS REQUESTED ON

A "CALL-IN" BASIS DURING 2022 THROUGH 2025

Dear Mr./Ms. CONTACT:

1. The Port Authority of New York and New Jersey (the "Authority" or "Port Authority") hereby offers to retain FIRM NAME (the “Consultant" or "you") to provide expert professional services as more fully set forth in Attachment A, which is attached hereto and made a part hereof, on a "call-in" basis during 20** through 20**.

The Authority does not guarantee the ordering of any services under this Agreement and specifically reserves the right, in its sole discretion, to use any person or firm to perform the type of services required hereunder.

This Agreement shall be signed by you and by the Authority’s Chief Procurement Officer. As used herein, "Chief Engineer" shall mean the Chief Engineer, or the Deputy Chief Engineer of the Authority, or their duly authorized representatives.

For the purpose of administering this Agreement, the Chief Engineer has designated DAR NAME, TITLE, to act as their duly authorized representative. The Project Manager for this project is NAME, tel. (***) ***-****, or e-mail address: ****@panynj.gov.

2. Time is of the essence. Your services shall be performed as expeditiously as possible and at the time or times required by the Chief Engineer.

3. In response to a request for specific services hereunder and prior to the performance of any such services, you shall submit, in writing, to the Chief Engineer for approval, an estimated cost and staffing analysis of such services. You shall begin performing services under this Agreement upon your receipt of the Chief Engineer’s written (1) approval of such cost and (2) direction to proceed. At the point at which your expenditures for such services reach such approved estimated cost, you shall not continue to render any such services. Preparation of cost estimates and staffing analysis mentioned in this paragraph and in Paragraph 8 shall not be a compensable service hereunder.

<FIRM NAME>

- PAGE 2 - <DATE>

4. In order to effectuate the policy of the Authority, the services provided by the Consultant shall comply with all provisions of federal, state, municipal, local and departmental laws, ordinances, rules, regulations, and orders which would affect or control said services as if the services were being performed for a private corporation, unless the Authority standard is more stringent, in which case the Authority standard shall be followed, or unless the Consultant shall receive a written notification to the contrary signed by the Chief Engineer personally, in which case the requirements of said notification shall apply.

5. The Consultant shall meet and consult with Authority staff as requested by the Chief Engineer in connection with any service to be performed herein. Any Contract Drawings, Technical Specifications and/or other items to be submitted or prepared by the Consultant hereunder shall be subject to the review of the Chief Engineer. The Chief Engineer may disapprove if, in their sole opinion, said items are not in accordance with the requirements of this Agreement, sound engineering principles or accepted professional standards or are impractical, uneconomical or unsuited in any way for the purpose for which the contemplated construction or services is intended. If any of the said items or any portion thereof are so disapproved, the Consultant shall forthwith revise them until they meet the approval of the Chief Engineer, but the Consultant will not be compensated under any provision of this Agreement for performance of such revisions. No approval or disapproval or omission to approve or disapprove, however, shall relieve the Consultant of its responsibility under this Agreement to furnish the requested services in accordance with an agreed upon schedule, a complete, practical, economical design and Contract Drawings and Technical Specifications (and corrections and changes thereto) which are best suited for the contemplated construction, or services, are done in accordance with sound engineering principles and are signed and sealed by a licensed Professional Engineer.

6. When services to be performed by the Consultant include the preparation of contract documents, or the performance of post award services, the Consultant shall submit its specific Quality Control/Assurance Program to the Chief Engineer prior to the performance of said services. Upon completion of specific services requested hereunder, the Consultant shall submit a letter to the Chief Engineer certifying the Consultant's conformance with the aforementioned Quality Control/Assurance Program.

7. When the services to be performed by the Consultant include the preparation of computer aided design and drafting (CADD) documents, said documents must be prepared using the latest available revision of Autodesk's "AUTOCAD" software or as directed by the Chief Engineer prior to the performance of specific services. All drawings shall be prepared in strict conformance to the Port Authority CAD Standards. All submissions of CAD drawings shall be submitted to the Authority on compact discs, uploaded to the Project Website, or as otherwise required, in DWG and DWF format in accordance with the Port Authority CAD Standards.

8. You shall not continue to render services under this Agreement after the point at which the total amount to be paid to you hereunder (including reimbursable expenses) reaches the combined total of each of the approved estimated costs, unless you are specifically authorized in writing to so continue by the Chief Engineer. If no such authorization is issued, this Agreement shall be terminated without further obligation by either of the parties as to services not yet performed, but you shall be compensated as hereinafter provided for services already completed. It is understood,

- PAGE 3 - <DATE>

however, that this limitation shall not be construed to entitle you to the above amount as a minimum compensation.

9. As full compensation for all your services and obligations in connection with this Agreement, the Authority will pay you the total of the amounts computed under subparagraphs A, B, C, D, and E below, subject to the limits on compensation and provisions set forth in Paragraphs 3 and 8 above. Subject to the terms and conditions below, travel time is not reimbursable under subparagraphs A, B, and C hereunder.

A. For work performed at the Consultant’s offices, the Consultant will be compensated at an amount equal to *.** times the actual salaries paid by you to professional and technical personnel (but not partners or principals) for time actually spent by them in the performance of services hereunder; for work performed at Authority office(s), as mutually agreed upon, the Consultant will be compensated at an amount equal to *.** times the actual salaries paid by you to professional and technical personnel (but not partners or principals) for time actually spent by them in the performance of services hereunder, plus an amount equal to the number of hours actually spent by partners and principals in the performance of services hereunder times the billing rate (no multiplier applied) described below but in each case excluding premium payments for overtime work or night work or for performing hazardous duty. Attached hereto is a schedule of actual salaries and titles of architects, engineers, technical staff or other permanent professional and technical personnel employed by you, as well as rates customarily billed for partners and principals on projects such as this. Said staffing analysis shall clearly indicate any of your employees, proposed by you to perform the requested services that are former Authority employees. For compensation purposes under this Agreement, no said salary or amount shall exceed the salary or amount received by said personnel or rate customarily billed for a partner or principal as of the effective date of this Agreement unless the Chief Engineer has been notified in advance, in writing, of the increased salary, rate or amount and approves the increase.

At the Authority’s discretion, in lieu of the compensation terms set forth in Section 9.A. above, Task Orders may be issued whereby lump sum compensation is required. Those lump sum Task Order requests will include terms and conditions with respect to compensation, and you shall be required to submit a staffing analysis.