2-RFPDOC 6000002611.pdf

REQUEST FOR PROPOSAL

PERFORMANCE OF EXPERT PROFESSIONAL PROGRAM MANAGEMENT AND

DESIGN BUILD SUPPORT SERVICES AS REQUESTED ON A “TASK ORDER”

BASIS FOR A FOUR-YEAR TERM

RFP# 6000002611

PROPOSAL SUBMISSION TEMPLATE

I. BACKGROUND:

The Port Authority of New York and New Jersey (the “Authority” or “Port Authority”) Task Order Program (the “Program”) is initiated through an initial Request for Proposal (RFP) solicitation in order to be considered for the performance of expert professional program management and design build support services as requested on a “task order” basis defined in general terms. Once the Agreement is awarded to appropriately qualified firms, performance of specific services will be solicited via future task order RFP requests.

II. INSTRUCTIONS:

The Authority is seeking Proposals from firms in response to the subject RFP for the performance of support services in any, or all, of the following two categories: A) Program Management, B) Design Build, for a four-year term.

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.

The Proposer must use this Proposal Template and Proposal forms. We have provided the Proposal Template and Proposal forms to Proposers as Microsoft Word format editable files. Proposers are permitted to add lines or rows to tables in the Proposal forms where this is indicated but must make no other material change to the Proposal Template or Proposal forms. We have not included page limits in the Proposal Template, but in providing responses to questions, the Proposer should use the space allocated in the Proposal Template and be mindful of the length the Proposer’s response to the question asked.

All questions should be directed in writing via email to the Solicitation Manager, Edmund Mendrala, EMendrala@panynj.gov.

For purposes of Proposal presentation, the Firm proposing should separate each section of the Proposal by using a numbered tab, as shown in the table below.

III. PRE-PROPOSAL MEETING

The Pre-Proposal Meeting is intended to review requirements from the Authority Departments including Office of Diversity, Equity and Inclusion, Engineering, Treasury – Risk, and Procurement.

Firms are encouraged to attend the Pre-Proposal Meeting to gain more awareness regarding the services requested in this RFP, future task order solicitations, and the overall procurement process.

A virtual Pre-Proposal Meeting is scheduled on January 16, 2025 at 3:00 P.M. Eastern Time (ET).

On January 16, 2025, please use the below link to access the meeting. If you have any issues connecting, please email Edmund Mendrala at EMendrala@panynj.gov.

Event address for attendees:

https://teams.microsoft.com/l/meetup-join/19%3ameeting_MDM4NTk2MjYtNDM4NS00ZDI2LWE0YmQtNDJiNWY2ODRmNmRi %40thread.v2/0?context=%7b%22Tid%22%3a%22c4484a25-d0d8-4ad0-916a-a889b6aa7a02%22%2c%22Oid%22%3a%22b77d571b-97a7-4072-8150-a7571bf2930d%22%7d

IV. PROPOSER REQUIREMENTS:

Only proposals from Firms that can demonstrate compliance with one or both of the following category requirements shall be considered. The below requirements must be met by the Prime Firm only.

1. Program Management Prime Firm must demonstrate a minimum of three years’ experience, within the past seven years, providing qualified support staff who:

a. Possess a bachelor’s degree in engineering or architecture or a related technical degree from an accredited college or university (copy to be submitted with resume);

and

b. Can demonstrate a minimum of five years’ experience in the development and delivery of Architecture/Engineering projects, including:

• Developing project management plans (one sample to be submitted with Attachment D – Staff qualifications and experience), and

• Demonstrate knowledge of design and construction documents, schedules, and project costs.

2. Design Build Prime Firm must demonstrate a minimum of three years’ experience, within the past seven years, providing qualified support staff who:

c. Possess a bachelor’s degree in engineering or architecture or a related technical degree from an accredited college or university (copy to be submitted with Attachment D – Staff qualifications and experience); and

d. Can demonstrate a minimum five years’ experience in the development, procurement, and delivery of:

https://teams.microsoft.com/l/meetup-join/19%3ameeting_MDM4NTk2MjYtNDM4NS00ZDI2LWE0YmQtNDJiNWY2ODRmNmRi%40thread.v2/0?context=%7b%22Tid%22%3a%22c4484a25-d0d8-4ad0-916a-a889b6aa7a02%22%2c%22Oid%22%3a%22b77d571b-97a7-4072-8150-a7571bf2930d%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_MDM4NTk2MjYtNDM4NS00ZDI2LWE0YmQtNDJiNWY2ODRmNmRi%40thread.v2/0?context=%7b%22Tid%22%3a%22c4484a25-d0d8-4ad0-916a-a889b6aa7a02%22%2c%22Oid%22%3a%22b77d571b-97a7-4072-8150-a7571bf2930d%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_MDM4NTk2MjYtNDM4NS00ZDI2LWE0YmQtNDJiNWY2ODRmNmRi%40thread.v2/0?context=%7b%22Tid%22%3a%22c4484a25-d0d8-4ad0-916a-a889b6aa7a02%22%2c%22Oid%22%3a%22b77d571b-97a7-4072-8150-a7571bf2930d%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_MDM4NTk2MjYtNDM4NS00ZDI2LWE0YmQtNDJiNWY2ODRmNmRi%40thread.v2/0?context=%7b%22Tid%22%3a%22c4484a25-d0d8-4ad0-916a-a889b6aa7a02%22%2c%22Oid%22%3a%22b77d571b-97a7-4072-8150-a7571bf2930d%22%7d

• Design-build projects; or

• Transportation projects and possess an Associate Design-Build Professional Certification from the Design Build Institute of America (DBIA) or other certifiable demonstrated knowledge of Design-Build best practices (documentation to be submitted with Attachment D – Staff qualifications and experience).

3. Prime firm may alternatively fulfill prerequisite Item 1 and 2 above if it can demonstrate that the person(s) or entities owning and controlling the firm have had a cumulative total of at least the same number of years and type of direct continuous experience as identified or has owned and controlled other entities which, meet the same requirements, prior to the submission of this Proposal as is required of the prime firm.

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

V. INSTRUCTIONS AND ADDITIONAL INFORMATION:

Tab Document Instructions

1. Blue Cover Sheet The Firm proposing must include a completed cover sheet,

• Cover Sheet

2. Agreement on Terms of Discussion (Attachment B)

The Firm proposing must include a completed and signed,

• Attachment B – Agreement on Terms of Discussion

3. Company Profile (Attachment C)

The Firm proposing must include a completed,

• Attachment C – Company Profile

4. Proposer Requirements The Authority will consider only those Firms who are able to demonstrate compliance with the proposer requirements stated in Section IV – Proposer Requirements. Only the Prime Firm’s requirements will be considered.

Firms may duplicate the below attachments as required, to demonstrate compliance with said Proposer Requirements listed in Section IV:

• Attachment D – Staff Qualifications and Experience, and

• Attachment E – Firm Qualifications and Experience

Joint venture partnerships shall not be considered.

5. MBE/WBE/SDVOBs Participation Plan (Attachment F)

The Port Authority has set a goal of twenty percent (20%) participation by qualified and Port Authority certified Minority Business Enterprises (MBEs) and ten percent (10%) for qualified and Port Authority certified Women-owned Business Enterprises (WBEs) on technical service projects for a total combined MWBE goal of thirty percent (30%), and three percent (3%) of the total contract price for Port Authority certified Service-disabled Veteran-owned Business Enterprises (SDVOBs) or SDVOBs certified in the State of New York.

The Prime Firm must include their MBE/WBE/SDVOBs Participation Plan, being proposed, by completing the below form:

• Attachment F – MBE/WBE/SDVOB Participation Plan

6. Cost (Attachment G) Multiplier – The Prime Firm proposing must include its multiplier, indicating all the multipliers components (e.g., vacation, holiday, sick pay, workers' compensation, office rent, insurance, taxes, profit).

Salary Schedule – The Prime Firm proposing must include the name(s), title(s) and hourly rate(s) that would be in effect at the start of the Agreement term for all professional and technical personnel of the Prime Firm who will be assigned to perform any services requested by completing the below form:

• Attachment G – Salary Schedule

7. Conflict of Interest (Statement)

If the Firm proposing or any employee, agent or subcontractor/subconsultant of the Firm may have or may give the appearance of a possible conflict of interest, the Firm shall include in its Proposal a Conflict of Interest Statement indicating the nature of the conflict and a proposed Mitigation Plan. The Port Authority reserves the right to disqualify the Firm proposing if, in its sole discretion, any interest disclosed from any source could create, or give the appearance of, a conflict of interest. The Port Authority reserves the right to disqualify the Firm proposing 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 Port Authority's determination regarding any question(s) of conflict of interest shall be final.

8. Attachment A For your information only. A copy of Attachment A does not need to be included in your proposal submission.

• Attachment A

ADDITIONAL INFORMATION

1. Proposal Submission

Instructions 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.

The Firm proposing 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 31, 2025. 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. The Firms proposing 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. The Firms proposing will receive an email confirmation receipt with a unique confirmation number once a proposal submission is finalized.

The Firm 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.

All questions must be submitted in writing and received no later than five business days prior to the RFP due date. All questions shall be directed, via email, to the Solicitation Manager, Edmund Mendrala at EMendrala@panynj.gov.

https://panynj.bonfirehub.com/portal/?tab=login

2. Selection Process Proposals will be evaluated on a pass/fail basis on the technical qualifications demonstrated in the proposals with consideration of cost, as appropriate.

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

3. Task Order Process Task orders with multiple awards may be distributed in an order established by the Port Authority (Authority) consistent with the intent of providing fair equity and competition. This shall be accomplished by the Authority establishing an order in which the selected firms are assigned task orders and utilizing that order for the full duration of the contract. Specifics regarding the processes for establishing an order for task order issuance and the effectuation of such will be provided prior to the issuance of the first task order under each multiple award Agreement. During the development of task orders, the aggregate total compensation already approved on previous task orders shall be monitored and tracked. The aggregate total compensation of all approved task orders in a term shall not exceed the maximum term amount allowed.

The distribution process does not represent a contractual or other obligation on the part of the Port Authority and does not preclude the Port Authority from distributing work in a manner, which in its judgment will, under all circumstances, best serve the public interest

REQUEST FOR PROPOSAL

PERFORMANCE OF EXPERT PROFESSIONAL PROGRAM MANAGEMENT AND

DESIGN BUILD SUPPORT SERVICES AS REQUESTED ON A “TASK ORDER”

BASIS FOR A FOUR-YEAR TERM

RFP# 6000002611

[PROPOSAL DUE DATE]

[PROPOSER NAME]

2. 0BAGREEMENT ON TERMS OF DISCUSSION (ATTACHMENT B)

8BAgreement on Terms of Discussion (Attachment B) The Firm proposing must include a completed and signed Attachment B form.

ATTACHMENT B

PERFORMANCE OF EXPERT PROFESSIONAL PROGRAM MANAGEMENT AND

DESIGN BUILD SUPPORT SERVICES AS REQUESTED ON A “TASK ORDER”

BASIS FOR A FOUR-YEAR TERM

AGREEMENT ON TERMS OF DISCUSSION

The Port Authority’s receipt or discussion of any information (including information contained in any proposal, vendor qualification(s), ideas, models, drawings, or other material communicated or exhibited by us or on our behalf) shall not impose any obligations whatsoever on the Port Authority or entitle us to any compensation therefor (except to the extent specifically provided in such written agreement, if any, as may be entered into between the Port Authority and us). Any such information given to the Port Authority before, with or after this Agreement on Terms of Discussion (“Agreement”), either orally or in writing, is not given in confidence. Such information may be used, or disclosed to others, for any purpose at any time without obligation or compensation and without liability of any kind whatsoever. Any statement which is inconsistent with this Agreement, whether made as part of or in connection with this Agreement, shall be void and of no effect. This Agreement is not intended, however, to grant to the Port Authority rights to any matter, which is the subject of valid existing or potential letters patent.

Any information (including information contained in any proposal, vendor qualification(s), ideas, models, drawings, or other material communicated or exhibited by us or on our behalf) provided in connection with this procurement is subject to the provisions of the Port Authority Public Records Access Policy adopted by the Port Authority’s Board of Commissioners, which may be found on the Port Authority website at: http://corpinfo.panynj.gov/documents/Access-to-Port- Authority-Public-Records/. The foregoing applies to any information, whether or not given at the invitation of the Authority.

(Company)

(Signature)

(Title)

(Date) http://corpinfo.panynj.gov/documents/Access-to-Port-Authority-Public-Records/ http://corpinfo.panynj.gov/documents/Access-to-Port-Authority-Public-Records/

3. 1BCOMPANY PROFILE (ATTACHMENT C)

9BCompany Profile (Attachment C) The Firm proposing must include a completed Attachment C form.

ATTACHMENT C

COMPANY PROFILE

1. Company Legal Name as shall appear in the Agreement:

2. Business Mailing Address:

3. Business Telephone Number: __________________________________________________

4. Federal Employer Identification Number (EIN): ___________________________________

5. Name, Address and EIN of Affiliates or Subsidiaries (use a separate sheet if necessary):

6. Officer or Principal of Firm, Title, and email address:

7. Name, telephone number, and email address of contact for questions:

8. Is your firm a registered vendor with the Port Authority? Yes No If yes, please provide your Vendor ID number: ________________

9. If applicable, indicate whether your firm is certified by the Authority in any of the below categories. Please also attach a copy of your Authority certification as a part of this profile.

Minority Business Enterprise (MBE)

Women-owned Business Enterprise (WBE)

Small Business Enterprise (SBE)

Disadvantaged Business Enterprise (DBE)

Service-disabled Veteran-owned Business Enterprise (SDVOB)

If your firm is an MBE/WBE/SBE/DBE/SDVOB not currently certified by the Authority, see the Authority’s website – https://www.panynj.gov/port-authority/en/business-opportunities/supplier-diversity/certification.html, to receive information and apply for certification.

Note: Company Legal Name shall be identical to the firm’s name in the EIN. Failure to comply with this requirement may lead to delays in contract awards and contract payments.

https://www.panynj.gov/port-authority/en/business-opportunities/supplier-diversity/certification.html https://www.panynj.gov/port-authority/en/business-opportunities/supplier-diversity/certification.html

4. 2BPROPOSER REQUIREMENTS

The Authority will consider only those Prime Firms who are able to demonstrate compliance with the proposer requirements stated in Section IV – Proposer Requirements.

• Use Attachment D for Staff Qualifications and Experience

• Use Attachment E for Firm Qualifications and Experience

The Firm proposing must indicate below the services provided. (Please check all boxes that apply).

Program Management Design Build

Joint venture partnerships shall not be considered under the “Task Order” Program

3BSTAFF QUALIFICATIONS AND EXPERIENCE (ATTACHMENT D)

10BStaff Qualifications and Experience of Personnel:

Please complete one Attachment D for each proposed full-time engineering and technical personnel of the Prime Firm who will be assigned to perform the requested services to demonstrate that the Prime Firm meets the staffing requirements as stated in Section IV – Proposer Requirements. Firms may duplicate Attachment D, as required, to demonstrate compliance with Section IV.

The Firm proposing must include in this section the following completed form(s):

Attachment D – Staff Qualifications and Experience Licenses and Certificates – The Proposer must also provide in this section copies of all applicable licenses and certificates of all full-time engineering and technical personnel of the Prime Firm needed to demonstrate compliance with Section IV.

ATTACHMENT D

STAFF QUALIFICATIONS AND EXPERIENCE

FULL NAME TITLE YEARS OF RELEVANT

EXPERIENCE

TOTAL WITH CURRENT

FIRM

FIRM NAME (Indicate Certification Status, if any)

LOCATION

(City and State)

CURRENT PROFESSIONAL

REGISTRATION

(State and Discipline -Include License #) EDUCATION (Degree and Specialization)

OTHER PROFESSIONAL QUALIFICATIONS (Publications, Organizations, Training, Awards, Etc.)

BRIEF CAREER SUMMARY

(Please include total number of years of experience performing comparable services under this solicitation)

RELEVANT PROJECTS

(Include a minimum of two and no more than five completed projects comparable to the services contemplated under this solicitation)

(1) TITLE AND LOCATION (City and State) PROJECT

DURATION

(MM/YYYY through

MM/YYYY)

BRIEF PROJECT DESCRIPTION AND SPECIFIC ROLE ON

PROJECT

(Please include scope, size, project cost value, project delivery model)

☐ Check if project performed with current firm

(2) TITLE AND LOCATION (City and State) PROJECT

DURATION

(Please include scope, size, project cost value, project delivery model)

☐ Check if project

(3) TITLE AND LOCATION (City and State) PROJECT

(Please include scope, size, project cost value, project delivery model)

☐ Check if project

(4) TITLE AND LOCATION (City and State) PROJECT

(Please include scope, size, project cost value, project delivery model)

☐ Check if project

(5) TITLE AND LOCATION (City and State) PROJECT

(Please include scope, size, project cost value, project delivery model)

☐ Check if project

4BFIRM QUALIFICATIONS AND EXPERIENCE (ATTACHMENT E)

11BFirm Qualifications and Experience of Personnel:

Please complete one Attachment E for each relevant project to demonstrate that the Prime Firm meets the firm experience as stated in Section IV – Proposer Requirements. Listed projects shall be comparable to those contemplated under the requested services in Attachment A. Firms may duplicate Attachment E, as required, to demonstrate compliance with Section IV.

The Proposer must include in this section the following completed form:

• Attachment E – Firm Qualifications and Experience

ATTACHMENT E

FIRM QUALIFICATIONS AND EXPERIENCE

RELEVANT PROJECTS

Include the relevant projects as outlined in Section IV – Proposer Requirements and comparable to the services contemplated under this solicitation.

A. FIRM NAME CERTIFICATION

STATUS, IF ANY

B. PROJECT TITLE AND LOCATION (City and State) PROJECT DURATION

C. BRIEF PROJECT DESCRIPTION AND SPECIFIC ROLE ON PROJECT

(Please include scope, size, project cost value, project delivery model)

D. INDICATE WHETHER ANY PROPOSED PERSONNEL PERFORMED SERVICES UNDER

THIS PROJECT AND EXPLAIN THEIR SPECIFIC ROLE ON THIS PROJECT

E. INCLUDE THE NAME OF THE CLIENT/COMPANY AND THE CLIENT/COMPANY’S

CONTACT INFORMATION (EMAIL AND PHONE NUMBER), FOR VERIFICATION

PURPOSES.

5. 5BMBE/WBE/SDVOB PARTICIPATION PLAN (ATTACHMENT F)

12BMBE/WBE/SDVOBs Participation Plan The Port Authority has set a goal of twenty percent (20%) participation by qualified and Port Authority certified Minority Business Enterprises (MBEs) and ten percent (10%) for qualified and Port Authority certified Women-owned Business Enterprises (WBEs) on technical service projects for a total combined MWBE goal of thirty percent (30%), and three percent (3%) of the total contract price for Port Authority certified Service-disabled Veteran-owned Business Enterprises (SDVOBs) or SDVOBs certified in the State of New York.

The MBE/WBE/SDVOB Plan submitted by the Prime Firm to the Port 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 these requested services.

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

All MBE/WBE/SDVOB subconsultants listed on the MBE/WBE/SDVOB Participation Plan must be certified by the Port Authority in order for the Consultant to receive credit toward the MBE/WBE/SDVOB goals set forth under these requested services. 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 Port Authority makes no representation as to the financial responsibility of these firms or their ability to perform work under this Agreement.

If the Prime Firm is a Port Authority certified MBE or WBE, the Prime Firm can self-perform its portion of the participation goals of up to $2 million for non-construction projects, subject to the Port Authority’s approval. Port Authority certified M/WBE Prime Firms can only self-perform the MBE portion of the participation goals. However, note that all firms are encouraged to use every good-faith effort to utilize subconsultants who are Port Authority certified MBEs, WBEs or SDVOBs to the maximum extent feasible.

The Prime Firm must include in this Section the following completed form:

• Attachment F – The MBE/WBE/SDVOB Plan submitted by the Proposer to the Port Authority https://www.panynj.gov/port-authority/en/business-opportunities/supplier-diversity.html

ATTACHMENT F

MBE/WBE/SDVOB PARTICIPATION PLAN

This matrix is intended to graphically depict the MBE/WBE/SDVOB Participation Plan submitted by the Prime Firm to the Port Authority for the requested services.

FIRM NAME ADDRESS

INDICATE

CERTIFICATION

STATUS WITH

PORT

AUTHORITY

DESCRIBE

PROPOSED SCOPE

OF WORK TO BE

PERFORMED BY

SUBCONSULTANT

IF NO FIRMS ARE IDENTIFIED ABOVE, DESCRIBE THE PROCESS FOR SELECTING

PARTICIPANT FIRMS IN ORDER TO ACHIEVE THE GOOD FAITH GOALS UNDER THESE

REQUESTED SERVICES.

[IF APPLICABLE, INSERT RESPONSE HERE]

6. 6BCOST (ATTACHMENT G)

13BMultiplier & Cost Provide the multiplier(s) of the Prime firm, including a breakdown of said multiplier(s), indicating all the multiplier(s) components (e.g., vacation, holiday, sick pay, workers' compensation, office rent, insurance, taxes, profit). Indicate Consultant Office/Port Authority Office Multiplier, as applicable. Multiplier(s) should be provided in the form of a decimal and no more than two decimal places (ex: 0.00).

14BConsultant Office Multiplier:

15BPort Authority Office Multiplier:

16BInclude a breakdown of the multiplier(s) components below:

17BSalary Schedule Include the name(s), title(s) and hourly rate(s) assigned to each position of the personnel that would be assigned to perform the requested services. Indicate billing rates for partners or principals and actual hourly rates for all other billable employees. All firms who are awarded an Agreement will be expected to adhere to the provisions of Section 9.A., fourth paragraph with respect to rate increases. Firms shall not include any rate increase notations on their Salary Rate Schedule.

Typical job titles may include, but are not limited to, the following:

1. Principal or Partner (Billing Rate)

2. Professional Personnel (Actual Hourly Rate)

3. Technical Personnel (Actual Hourly Rate)

The Proposer must include in this section the following completed form:

• Attachment G – Salary Rate Schedule

ATTACHMENT G

SALARY RATE SCHEDULE

FULL NAME

(LAST, FIRST)

TITLE ACTUAL

HOURLY

RATE

BILLING

RATE

(Principals and

Partners)

7. 7BCONFLICT OF INTEREST (STATEMENT)

18BConflict of Interest If the Firm proposing or any employee, agent or subcontractor/subconsultant of the Firm proposing may have or may give the appearance of a possible conflict of interest, the Firm shall include in its proposal a statement indicating the nature of the conflict. The Port 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 Port Authority's determination regarding any question(s) of conflict of interest shall be final.

The Firms proposing are advised that, while not currently anticipated, nothing herein shall preclude the Port 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. Firms are directed to the Conflict-of-Interest paragraph of the attached Standard Agreement. Firms are further advised that under this Agreement, firms must provide, upon receipt of a Task Order issued by the Port Authority, written notice to the Port Authority of any existing or potential conflict of interest the firm(s) may have in the performance of services under this Agreement.

19BConflict of Interest Statement (describe the nature of the conflict):

20B[INSERT RESPONSE HERE]

21BMitigation Plan:

22B[INSERT RESPONSE HERE]

ATTACHMENT A

SCOPE OF SERVICES

PERFORMANCE OF EXPERT PROFESSIONAL PROGRAM MANAGEMENT AND

DESIGN BUILD SUPPORT SERVICES AS REQUESTED ON A "TASK ORDER”

BASIS FOR A FOUR-YEAR TERM

I. BACKGROUND

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

The Engineering Department is responsible for the delivery of high-quality and cost-effective planning, architectural and engineering design, and construction management services in support of the Authority’s capital and operating programs. In addition, the department ensures the structural integrity, life safety, and code compliance of all Authority’s facilities. The Engineering Department is comprised of six divisions:

Engineering/Architecture Design, Construction Management, Engineering Operations, Quality Assurance, Project Delivery, and Enterprise Asset Management.

The Engineering Project Delivery (EPD) division supports the agency in efficient delivery of its Capital Plan and Agency Major Maintenance Program (AMMP). EPD is responsible for the oversight of the engineering portfolio of projects within the respective line departments. We work closely with line departments to set project schedules and budgets, track delivery of projects to ensure adherence to Capital Plan baseline, lead agency State-of-Good-Repair prioritization efforts, support alternative project delivery, develop associated board authorizations, and assist lessons learned efforts.

II. SCOPE OF SERVICES

The services of the Consultant shall generally consist of providing the Engineering Department with Program Management support services for project management and Design Build services in support of the design build and alternative project delivery program. Associated tasks may include but are not limited to those outlined below.

III. DESCRIPTION OF CONSULTANT’S TASKS

Services requested via task orders may include but are not limited to the following.

Staff Qualifications (to be demonstrated once specific task orders are issued) Refer to the Authority’s Agreement, Section 23 – Notification of Security Requirements

• All proposed staff must have the ability to pass a Transportation Worker Identification Credential (TWIC) and/or Secure Worker Access Consortium (SWAC) and/or Security Identification Display Area (SIDA) background screening at a High Level.

• Staff must have a valid driver’s license.

http://www.panynj.gov/ http://www.panynj.gov/corporate-information/annual-reports.html http://www.panynj.gov/corporate-information/annual-reports.html

Consultant Tasks (to be demonstrated once specific task orders are issued) Tasks to be performed by the Consultant for any, all, or combination of categories below shall include, but are not limited to:

A. Program Management

a. Develop Project Management plans covering conceptual development through construction completion including staff budgets and baseline schedules for all project/program elements.

b. Lead project meetings, documenting and recording minutes and action items.

c. Develop the project scope, schedule, and budget for various stages of project delivery.

d. Coordinate preparation of study reports, construction cost estimates, preliminary and final contract documents

e. Assist in preparation of project risk management plans and provide risk allocation recommendations. Participate in period re-evaluation of risk and mitigation in-place measures.

f. Report to senior staff, as required, on project progress, issues and actions and schedule and budget status.

g. Lead the reporting of Engineering Department resource expenditures, related to major programs, to ensure adequate soft cost allocations and tracking for major programs.

h. Attend meetings with various internal and external stakeholders as the Engineering Department representative in order to advance the interests of the program while fostering improved cooperative relationships with all groups.

B. Design Build

a. Report to senior staff, as required, on project progress, issues and actions and schedule and budget status.

b. Lead project commercial, technical, and submittal management aspects.

c. Lead project meetings, documenting and recording minutes and action items.

d. Develop, coordinate, implement and provide oversight of the project management plans covering conceptual development through construction completion, including staff budgets and baseline schedules, for all project/program elements.

e. Develop and lead project delivery alternative feasibility assessments/evaluations for, including but not limited to, design-build, integrated project delivery, construction manager at risk, public private partnership, and turn-key construction.

f. Prepare project risk management plans and provide recommendations regarding risk allocation between the Port Authority and Design-Builder in the contract.

g. Provide design-build solicitation support services including the development of procurement plans, approach to qualifications, technical and price evaluations.

h. Assist in the development of Instruction to Proposers (ITP), Request for Qualifications (RFQ) and Request for Proposals (RFP). Coordinate the Requirement and Provisions for Work (RPW) for design build contract reviews and as necessary, provide guidance on adjustments to general provisions, for project specific needs.

i. Assist the Authority throughout the design-build procurement process. Including, attending Collaborative Dialogue Meetings (CDM), review of Alternative Technical Concepts (ATC), review of Alternate Proposals (AP), review/respond to Requests for Information (RFIs), and technical review of final Design-Builder proposals.

j. Oversight reviews of design-builder submittals to ensure compatibility with the owner’s project management plan in addition to quality management compliance of design-builder’s design, construction, operational and quality components.

IV. SUBMISSIONS

All work performed by the Consultant including but not limited to the preparation of documents, plans, reports, schedules, budgets, procurements, estimates etc., shall be performed, and submitted in accordance with a schedule approved by the Authority, prior to the performance of any such work. All work developed or prepared by the Consultant shall be the property of and delivered to the Authority including but not limited to documentation, reports, diagrams, standard operating procedures, user guides, and training material.

V. CONDITIONS AND PRECAUTIONS

A. General

The Consultant shall immediately inform the Authority of any unsafe condition discovered at any time during 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 (PPE), 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.

Photography of the Authority facilities and surrounding areas 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.

The Authority's office is located at 4 World Trade Center, New York, New York. Proposed staff will be required to meet the Authority’s current work arrangements including physically work a minimum of three days per week in the office and two days per week remotely, 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 PROGRAM

MANAGEMENT AND DESIGN BUILD SUPPORT SERVICES AS

REQUESTED ON A "TASK ORDER" BASIS FOR A FOUR-YEAR TERM

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 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.

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 mailto:****@panynj.gov

<FIRM NAME>

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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, 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.

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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. For Task Order requests issued whereby the terms and conditions as stated in Section 9.A. above apply, the attached approved salary schedule, or any previously Authority-approved salary increase shall prevail.

The Consultant shall verify that its employees, subconsultants, or subcontractors working under this Agreement are legally present and authorized to work in the United States, as per the federally required I-9 Program. Furthermore, upon request of the Authority, the Consultant shall furnish, or provide the Authority access to federal Form I-9 (Employment Eligibility Verification) for each individual hired by the Consultant, performing services hereunder. This includes citizens and noncitizens.

The Authority reserves the right to interview and approve any and all personnel, amounts, billing rates and salaries of said personnel performing services under this Agreement. Any costs incurred by the Consultant pertaining to interviews of prospective personnel, if any, are not billable to the Authority.

When requesting salary or billing rate adjustments for one or more of its personnel, the Consultant shall submit his/her name, title, current direct hourly rate or billing rate, proposed new direct hourly salary or billing rate, resulting percentage increase, effective date and reason for the requested change, setting forth in detail any increased cost to the Consultant of providing the services under this Agreement which has given rise to the request for increased salary. For adjustments submitted after the effective date of this Agreement, the Authority will grant an increase only if the Consultant demonstrates compliance with all of the following conditions: that increases in salary, or partner's or principal's billing rate or amount, are a) in accordance with the program of periodic merit and cost of living increases normally administered by it, b) warranted by increased costs of providing services under this Agreement, c) based upon increases in salaries and billing rates which are generally applicable to all of Consultant’s clients and d) in accordance with the Authority’s salary rate increase policy for the current year for Authority employees possessing comparable skills and experience. If, during any calendar year, Authority limits are not available to the Consultant in a timely fashion,

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increases falling within such limits may be approved retroactively, as appropriate. The amount of increase in salary or billing rate, if any, to be applicable under this Agreement will in all cases be finally determined by the Chief Engineer or their designee, in their sole and absolute discretion.

Notwithstanding the above, the multipliers set forth in this subparagraph shall be applied only in the case of personnel other than partners or principals who are permanent employees.

B. The Consultant will be compensated at an amount equal to the premium payments for overtime work or night work or for performing hazardous duty, actually paid to professional and technical employees, but not partners or principals, for time actually spent by them in the performance of services hereunder when such overtime or other premium payments have been demonstrated to be in accordance with the Consultant's normal business practice will be reimbursed by the Authority when they have been authorized in advance by the Chief Engineer in writing. The Project Manager for the Authority shall have the right to authorize and approve premium payments up to a total amount of one thousand dollars ($1,000) per occasion. Payments above said total amount shall be subject to the prior written authorization of the Chief Engineer. Such premium payments to supervisory employees, who do not receive such payments in the Consultant's normal business practice will not be given under this Agreement.

C. The Consultant will be compensated at an amount equal to the amounts actually paid to subconsultants hereunder who have been retained after the written approval by the Chief Engineer of the subconsultant and the compensation to be paid the subconsultant. The Consultant shall submit a copy of the terms and conditions of the subconsultant's compensation (including multiplier, if applicable), as well as an estimate of the number of hours required by the subconsultant to perform their services, as part of any request for approval of the subconsultant.

D. The Consultant will be compensated at an amount equal to the out-of-pocket expenses, approved in advance by the Chief Engineer, necessarily and reasonably incurred and actually paid by you in the performance of your services hereunder. Out-of-pocket expenses are expenses that are unique to the performance of your services under this Agreement and generally contemplate the purchase of outside ancillary services, except that for the purpose of this Agreement, out-of-pocket expenses do include amounts for long distance telephone calls, rentals of equipment, travel and local transportation and meals and lodging on overnight trips.

The Authority will pay an amount approved in advance by the Chief Engineer and computed as follows for the reproduction of submittal drawings, specifications and reports:

1) If the Consultant uses its own facilities to reproduce such documents, an amount computed in accordance with the billing rates the Consultant customarily charges for reproduction of such documents under agreements such as this, or

2) If the Consultant uses an outside vendor for the reproduction of such documents, the actual,…