3-LGA-124.872 Contract booklet.pdf

CA02124872

M.S.

LAGUARDIA AIRPORT

REHABILITATION OF SECTIONS OF TAXIWAYS P, CC,

AND BB WEST OF RUNWAY 4-22

CONTRACT LGA-124.872

FEBRUARY 2026

This bid is not complete unless bidder's Signature appears on page 27 https://www.panynj.gov

COMMISSIONERS

Kevin J. O'Toole, Chairman Jeffrey H. Lynford, Vice Chairman

J. Christian Bollwage

Marie Therese Dominguez

Leecia Eve

Elizabeth R. Fine

Winston Fisher

George Helmy

Joseph Kelley

Gary LaBarbera

Kevin P. McCabe

Michelle E. Richardson

EXECUTIVE STAFF

Richard Cotton, Executive Director

Amy Fisher, General Counsel

Elizabeth McCarthy, Chief Financial Officer

James Heitmann, Chief Operating Officer

Derek H. Utter, Chief Development Officer

M. Rizwan Baig, Chief Engineer/Director

Lillian D. Valenti, Chief Procurement Officer

John Gay, Inspector General

Edward Cetnar, Director, Public Safety Department

James McCoy, Secretary

Diannae Ehler, Director, Tunnels, Bridges & Terminals Department

Clarelle DeGraffe, Director, Rail Transit Department

Sarah K. McKeon, Director, Aviation Department

Bethann Rooney, Director, Port Department

Jolene Yeats, Director, World Trade Center Department https://www.panynj.gov i

TABLE OF CONTENTS

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

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

INFORMATION FOR BIDDERS

1. FORM AND SUBMISSION OF BIDS

2. PREREQUISITES

3. PAPERS ACCOMPANYING BIDS

4. QUALIFICATION INFORMATION

5. ACCEPTANCE OR REJECTION OF BID

6. RETURN OF CERTIFIED CHECKS

7. WEBSITE POSTINGS OF CONTRACT DOCUMENTS

8. DISPOSAL OF CONTRACT DOCUMENTS

9. MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES PROGRAM (MBE/WBE)

AND SERVICE-DISABLED VETERAN-OWNED BUSINESS PROGRAM (SDVOB)

10. INSPECTION OF SITE

11. QUESTIONS BY BIDDERS

12. PREVAILING RATE OF WAGE CERTIFICATION

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

INDICTMENT, CONVICTION, SUSPENSION, DEBARMENT, DISQUALIFICATION,

PREQUALIFICATION DENIAL OR TERMINATION, ETC.; DISCLOSURE OF OTHER

REQUIRED INFORMATION

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

OF NO SOLICITATION BASED ON COMMISSION, PERCENTAGE, BROKERAGE,

CONTINGENT FEE OR OTHER FEE

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

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

TO RECEIVE PUBLIC CONTRACTS

16. CONTRACTOR PERFORMANCE EVALUATIONS

17. THE EDWARD J. MALLOY CONSTRUCTION INITIATIVE FOR CONSTRUCTION SKILLS -

APPRENTICESHIP PROGRAM

18. CERTIFICATION OF PARTICIPATION IN A STATE-REGISTERED APPRENTICESHIP

PROGRAM

BID

ACKNOWLEDGMENT

STATEMENT ACCOMPANYING BID

BID BOND

ACKNOWLEDGMENT

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FORM OF CONTRACT

CHAPTER I - GENERAL PROVISIONS

19. DEFINITIONS

20. GENERAL AGREEMENT

21. AUTHORITY ACCESS TO RECORDS

22. INTEGRITY MONITOR

23. RENTAL OF CONSTRUCTION EQUIPMENT

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

25. CODE OF ETHICS FOR PORT AUTHORITY VENDORS

26. PERFORMANCE AND PAYMENT BOND

CHAPTER II - COMPENSATION AND PAYMENTS

27. UNIT PRICES AND LUMP SUM

28. ADJUSTMENTS OF LUMP SUM

29. COMPENSATION FOR EXTRA WORK

30. COMPENSATION FOR PREMIUM TIME

31. COMPENSATION FOR EMERGENCY DELAYS

32. MONTHLY PAYMENTS

33. PROMPT PAYMENT

34. RELEASE OF MONIES PREVIOUSLY WITHHELD FROM MONTHLY PAYMENTS UPON

RENDITION OF A CERTIFICATE OF SUBSTANTIAL COMPLETION

35. FINAL PAYMENT

36. WITHHOLDING OF PAYMENTS

CHAPTER III - PROVISIONS RELATING TO TIME

37. TIME FOR COMPLETION AND DAMAGES FOR DELAY

38. EXTENSIONS OF TIME

39. IDLE SALARIED MEN AND EQUIPMENT

40. DELAYS TO CONTRACTOR

41. CANCELLATION FOR DELAY

CHAPTER IV - CONDUCT OF CONTRACT

42. AUTHORITY OF DIRECTOR

43. AUTHORITY OF CHIEF ENGINEER

44. AUTHORITY AND DUTIES OF ENGINEER

45. NOTICE REQUIREMENTS

46. NON-DISCRIMINATION REQUIREMENTS

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47. EQUAL EMPLOYMENT OPPORTUNITY

48. AFFIRMATIVE ACTION REQUIREMENTS - EQUAL EMPLOYMENT OPPORTUNITY

49. AFFIRMATIVE ACTION PROGRAMS

50. PREVAILING RATE OF WAGE

51. EXTRA WORK ORDERS

52. PERFORMANCE OF EXTRA WORK

53. TITLE TO MATERIALS

54. ASSIGNMENTS AND SUBCONTRACTS

55. CLAIMS OF THIRD PERSONS

56. CERTIFICATES OF PARTIAL COMPLETION

57. CERTIFICATE OF SUBSTANTIAL COMPLETION

58. CERTIFICATE OF FINAL COMPLETION

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

60. OBLIGATION TO REPORT

61. CONTRACTOR RESPONSIBILITY, SUSPENSION OF WORK AND TERMINATION

62. CONFLICT OF INTEREST

63. RIGHT TO AUDIT

CHAPTER V - WARRANTIES MADE AND LIABILITY ASSUMED BY THE CONTRACTOR

64. CONTRACTOR'S WARRANTIES

65. RISKS ASSUMED BY THE CONTRACTOR

66. NO THIRD PARTY RIGHTS

67. INSURANCE PROCURED BY THE AUTHORITY

68. INSURANCE PROCURED BY CONTRACTOR

CHAPTER VI - RIGHTS AND REMEDIES

69. RIGHTS AND REMEDIES OF AUTHORITY

70. RIGHTS AND REMEDIES OF CONTRACTOR

71. PERFORMANCE OF WORK AS AGENT FOR CONTRACTOR

72. NO ESTOPPEL OR WAIVER

CHAPTER VII - MISCELLANEOUS

73. SUBMISSION TO JURISDICTION

74. PROVISIONS OF LAW DEEMED INSERTED

75. INVALID CLAUSES

76. NON-LIABILITY OF THE AUTHORITY REPRESENTATIVES

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77. SERVICE OF NOTICES ON THE CONTRACTOR

78. MODIFICATION OF CONTRACT

79. PUBLIC RELEASE OF INFORMATION

PERFORMANCE AND PAYMENT BOND

ACKNOWLEDGMENT

SPECIFICATIONS

DIVISION 01 - GENERAL PROVISIONS

80. CONSTRUCTION REQUIRED BY THE SPECIFICATIONS

81. AVAILABLE PROPERTY

82. CONSTRUCTION SITE SECURITY REQUIREMENTS

83. OPERATIONS OF OTHERS

84. LABOR ACTIONS

85. CONTRACTOR'S MEETINGS

86. CONTRACT DRAWINGS

87. SHOP DRAWINGS, CATALOG CUTS AND SAMPLES

88. SUBSTITUTION

89. WORKMANSHIP AND MATERIALS

90. INSPECTIONS AND REJECTIONS

91. MANUFACTURERS' CERTIFICATION

92. NO RELEASE OF CONTRACTOR

93. ERRORS AND DISCREPANCIES

94. DIFFERING SUBSURFACE CONDITIONS

95. ACCIDENTS AND FIRST AID PROVISIONS

96. SAFETY PROVISIONS

97. REMOVAL AND DIVERSION OF CONSTRUCTION AND DEMOLITION MATERIALS

98. AIR QUALITY PROTECTION

99. DIESEL-POWERED EQUIPMENT

100. DAILY PROGRESS, EQUIPMENT AND LABOR REPORTS

101. LAWS AND ORDINANCES

102. SIGNS

103. CONTRACTOR'S FIELD OFFICE AND REPRESENTATIVE

104. SURVEYS

105. TEMPORARY STRUCTURES

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106. PERMIT AND REQUIREMENTS FOR WELDING

107. FINAL INSPECTION

108. WARRANTIES

109. UTILITY DATA COLLECTION

110. REQUIREMENTS FOR CRANES AND DERRICKS

111. TEMPORARY UTILITY SERVICES

112. TEMPORARY SANITARY FACILITIES

113. PROGRESS SCHEDULE

114. SCHEDULE OF VALUES

115. AIRPORT OPERATIONS AND CONDITIONS

116. PERMIT AND REQUIREMENTS FOR ELECTRICAL DISTRIBUTION WORK

117. AIRPORT CONSTRUCTION SAFETY REQUIREMENTS

118. HOURS OF WORK AND CONSTRUCTION STAGING

119. PERMIT AND REQUIREMENTS FOR CONFINED SPACE ENTRY

120. PERMIT AND REQUIREMENTS FOR HOT OPERATIONS

DIVISION 02 - EXISTING CONDITIONS

024114 CUTTING, PATCHING AND REMOVAL

DIVISION 03 - CONCRETE

033010 PORTLAND CEMENT CONCRETE

036115 NON-SHRINK, NON-METALLIC GROUTING

DIVISION 26 - ELECTRICAL

260000 ELECTRICAL GENERAL REQUIREMENTS

260526 GROUNDING

260543 UNDERGROUND DUCTS AND RACEWAYS FOR ELECTRICAL SYSTEMS

261015 TAXIWAY/RUNWAY WIRES AND CABLES

265010 TAXIWAY/RUNWAY LIGHT FIXTURES

DIVISION 31 - EARTHWORK

312323 EXCAVATION, BACKFILLING AND FILLING

DIVISION 32 - EXTERIOR IMPROVEMENTS

320115 PAVEMENT MILLING

320118 PAVEMENT CRACK SEALING

321218 ASPHALT CONCRETE PAVING (FAA)

321374 PAVEMENT JOINT SEALING

321726 AIRFIELD PAVEMENT MARKINGS

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Appendix 1 - Permits

Prevailing Rate Schedule NY

Notification of MBE/WBE/SDVOB On-line Directory and Forms

Schedule A (PA 3760A and PA 3760SDV1)

Schedule B (PA 3750B)

Schedule C (PA 3751B)

Schedule D (Statement of Payments to MBE/WBE Subcontractors/Lessors/Suppliers)

M/W/DBE Payment Request Certification Form (PA 3756)

M/W/DBE Subcontractor Approval Request (PA 2327/M)

Bid Submission Checklist

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ADVERTISEMENT

THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY

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

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

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

Authority platforms.

Sealed bids for the following contract will be received by The Port Authority of New York and

New Jersey, until 2:30 PM on the date indicated.

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

2:30 PM EST on the date indicated in order to be considered. Hand deliveries and mailed deliveries (e.g., UPS, USPS) will not be accepted. The Port Authority may request an original, signed paper submission at any time following the Bid Due Date. If requested, such original, signed paper submission must be identical to the electronic submission. In the event of a discrepancy, the electronic submission shall control.

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

Contract LGA-124.872 – LaGuardia Airport – Rehabilitation of Sections of Taxiways P, CC, and BB

West of Runway 4-22. Estimate Range: $1M - $2.5M. Bids Due: Tuesday, February 3, 2026. The work under this contract consists generally of rehabilitation of taxiways, including pavement rutting repairs, milling and overlay, associated electrical, pavement markings and related work at sections of Taxiway P, CC and BB west of Runway 4-22 and the vicinities thereof at LaGuardia Airport, Queens, New York. For questions, call Megan Lancelot-Zielinski at (212) 435-5694 or email – mlancelotzielinski@panynj.gov.

This Contract contains Prerequisites.

A. The bidder must demonstrate the following:

1.) That the bidder or the entity has completed (or substantially completed) at least two contracts as a prime or general contractor within an active Air Operations Area

(AOA) within the last 15 years. The completed contracts shall be comparable in type and complexity to the work of this Contract.

2.) That the bidder's or the entity's project manager and Superintendent each have a minimum of five total years of construction experience on contracts within an operating airport environment in areas within an active AOA.

https://panynj.bonfirehub.com/portal/?tab=login https://www.panynj.gov/port-authority/en/business-opportunities/solicitations-advertisements/Construction.html https://www.panynj.gov/port-authority/en/business-opportunities/solicitations-advertisements/Construction.html mailto:mlancelotzielinski@panynj.gov

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3.) That the bidder or the entity performing the electrical work has the following qualifications:

a. A minimum of five years working on contracts comparable in type (removal and installation of aeronautical 5kV lighting cables, aeronautical light base cans and associated equipment) and complexity to the work of this Contract.

b. A minimum of five years of aeronautical 5kV cable splicing experience.

c. Within the last 10 years, completed or substantially completed at least two contracts comparable in type and complexity to the work of this Contract.

d. The bidder or the entity's project manager shall have a minimum of five years construction experience on contracts comparable in complexity to the work of this Contract.

e. The bidder or the entity's Superintendent shall have a minimum of five years construction experience on contracts comparable in type (aeronautical 5kV lighting cables, accessories, and AOA lighting system) and complexity to the work of this Contract.

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

Authority.

The Port Authority of New York and New Jersey (Port Authority), in accordance with the provisions of

Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the

Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, businesses will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, national origin (including limited English proficiency), creed, sex (including sexual orientation and gender identity), age or disability in consideration for an award.

Additionally, all bidders (including proposers, and respondents, as applicable) are notified that the Port

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

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

Authority.

The Port Authority of New York and New Jersey (Port Authority), in accordance with the provisions of

Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the

Regulations, hereby notifies all bidders that it will affirmatively ensure that for any contract entered into pursuant to this advertisement, businesses will be afforded full and fair opportunity to submit bids in response to this invitation and no businesses will be discriminated against on the grounds of race, color, national origin (including limited English proficiency), creed, sex (including sexual orientation and gender identity), age or disability in consideration for an award.

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Additionally, all bidders (including proposers, and respondents, as applicable) are notified that the Port

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

WEDNESDAY, December 31, 2025

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CONTRACT INFORMATION SUMMARY

THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY

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

Contract No. and Title: LGA-124.872 - Rehabilitation of Sections of Taxiways P, CC, and BB West of

Runway 4-22

Summary Description of Work: rehabilitation of taxiways, including pavement rutting repairs, milling and overlay, associated electrical, pavement markings and related Work at sections of Taxiway P, CC and BB west of Runway 4-22 and the vicinities thereof at LaGuardia Airport, Queens, New York

1. Estimate Range $1M - $2.5M

2. Solicitation Type Advertised

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

Information for Bidders

4. Background Qualification Questionnaire

(BQQ) requirement

No

5. Contract Documents contain Protected

Information

No

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

7. Bid Bond requirement Yes - $250000

8. Performance and Payment Bond requirement

Determination will be made prior to award

9. Contract Type Design-Bid-Build

10. Compensation Type Combination

11. Contract time to Final Completion 460 Calendar Days

12. Term of Contract N/A

13. Interim Milestone Completions No

14. Liquidated Damages for failure to

Complete on time

Yes - $500 per Calendar Day

15. Wage Rates Prevailing Wage Rates

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Contract No. and Title: LGA-124.872 - Rehabilitation of Sections of Taxiways P, CC, and BB West of

Runway 4-22

16. MBE/WBE Participation subcontracting goals

20% MBE, 10% WBE and 3% SDVOB

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

N/A

18. Insurance provided by Contractor Commercial Automobile Liability Insurance;

Contractor's Pollution Legal Liability (CPL)

Insurance

19. Permits to be obtained by Contractor No

20. Area Available for Contractor's Use No

21. Materials Furnished by the Authority No

22. Building Information Modeling (BIM) requirements

No

23. Construction Staging/Phasing requirements

Yes - Refer to Division 01 and Contract Drawings

24. Sustainability requirements/LEED compliance

No

25. External Funding anticipated No

26. Buy America requirement No

27. Buy American requirement No

28. Maintenance Agreement No

Date Prepared: December 31, 2025

CONTRACT LGA-124.872

INFORMATION FOR BIDDERS

1. FORM AND SUBMISSION OF BIDS

The Port Authority of New York and New Jersey, hereinafter called the "Port Authority" or "Authority", invites bids (Bids) in the annexed form. Bids will be received until 2:30 PM on Tuesday, February 3, 2026 via digital submission of Bids, using the Bonfire platform, at the link provided below.

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

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

Authority software platforms.

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

Bidders are strongly urged to allow sufficient time of at least one (1) day prior to Bids Due Date (Close

Date) to begin the uploading process and finalizing the Bid submission. Bidders will receive an email confirmation receipt with a unique confirmation number once a Bid submission is finalized.

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

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

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

Bidders will be permitted to submit modifications to Bids or withdraw previously submitted Bids electronically up to, but not after, the time of the Bid Due Date. The Authority may request an original, signed paper submission at any time following the Bid Due Date. If requested, such original, signed paper submission must be identical to the electronic submission. In the event of a discrepancy, the electronic submission shall control.

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

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

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

Accompanying Bids".

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

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

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

Contract may be signed by a party, either by hand, or with an electronic signature affixed digitally and in each case, this Contract may be personally delivered or sent by email or other electronic means after execution. Any such means of execution and transmittal shall have the same binding and legal effect.

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

https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fpanynj.bonfirehub.com%2Fportal%2F%3Ftab%3Dlogin&data=02%7C01%7Clcherilus%40panynj.gov%7C9935df53700348b4f5a708d85036ab26%7Cc4484a25d0d84ad0916aa889b6aa7a02%7C0%7C0%7C637347544142355710&sdata=InBu2wOoM2kvJGPNhgQbfshyx7u19JFDA7ki09nvhUw%3D&reserved=0 https://www.panynj.gov/port-authority/en/business-opportunities/preliminary-bid-results.html

2. PREREQUISITES

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

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

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

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

3. PAPERS ACCOMPANYING BIDS

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

A. All information required by and pertaining to paragraph A. of the clause in the

Information for Bidders entitled "Qualification Information".

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

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

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

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

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

E. Certified financial statements, including applicable notes, reflecting the bidder's assets, liabilities, net worth, revenues, expenses, profit or loss and cash flow for the most recent

3 calendar years or the bidder's most recent 3 fiscal years. Where such certified financial statements are not available, then either reviewed or compiled statements from an independent accountant setting forth the same information. Such statements shall show the financial position of the bidder as of a date more than forty-five (45) days prior to the date on which Bids are opened. The bidder shall also submit a statement in writing signed by a duly authorized representative of the bidder, that the present financial condition of the bidder is at least as good as that shown on the statements submitted.

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

F. Either the Bid Bond bound herewith, duly executed by the bidder as principal and by one or more surety companies duly authorized to carry on the business of suretyship in the state(s) in which the construction site is located, whose names appear on the current list of the Treasury Department of the United States as acceptable as sureties upon federal contracts; or, in lieu of a Bid Bond;

A certified check, payable to the order of The Port Authority of New York and New

Jersey, in the same amount appearing in the Bid Bond form, which check shall be placed in an envelope marked "Bid Security" and enclosed with the Bid.

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

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

Banking Institution:

Address:

Bank Representative:

Telephone Number:

I. Fill in below the bidder's Federal Employer Identification Number (i.e., the number assigned to firms by the Federal Government for tax purposes); the bidder's Dun and

Bradstreet number, if any; the name of any other credit service to which the bidder has furnished information and the number, if any, assigned by such service to the bidder's account.

Federal Employer Identification No.

Dun and Bradstreet No.

Other Credit Service Account No.

J. The Form of Contract bound herewith, with the bidder's amounts inserted in the clause thereof entitled "Unit Prices and Lump Sum". The amounts must be given both in figures and in writing and, in case of discrepancy, the writing shall control. The unit prices must be extended and totaled. The Estimated Total for Classified Work and the Lump Sum must be entered in the recapitulation and totaled. One copy of each addendum, if any, issued during the bidding period shall be initialed and attached to the Bid, but any Bid submitted without such addendum initialed and attached will nevertheless be construed as though such addendum had been initialed and attached.

4. QUALIFICATION INFORMATION

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

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

a. That the bidder or the entity has completed (or substantially completed) at least two contracts as a prime or general contractor within an active Air Operations

Area (AOA) within the last 15 years. The completed contracts shall be comparable in type and complexity to the Work of this Contract.

b. That the bidder's or the entity's project manager and Superintendent each have a minimum of five total years of construction experience on contracts within an operating airport environment in areas within an active AOA.

c. That the bidder or the entity performing the electrical Work has the following qualifications:

(i) A minimum of five years working on contracts comparable in type (removal and installation of aeronautical 5kV lighting cables, aeronautical light base cans and associated equipment) and complexity to the Work of this Contract.

(ii) A minimum of five years of aeronautical 5kV cable splicing experience.

(iii) Within the last 10 years, completed or substantially completed at least two contracts comparable in type and complexity to the Work of this Contract.

(iv) The bidder or the entity's project manager shall have a minimum of five years construction experience on contracts comparable in complexity to the Work of this Contract.

(v) The bidder or the entity's Superintendent shall have a minimum of five years construction experience on contracts comparable in type (aeronautical 5kV lighting cables, accessories, and AOA lighting system) and complexity to the

Work of this Contract.

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

1.) The bidder's MBE/WBE Participation Plan and Affirmation Statement and the bidder's SDVOB Participation Plan and Affirmation Statement submitted on the forms annexed hereto as Schedule A (see the clause hereof entitled "Minority and

Women-owned Business Enterprises Program (MBE/WBE) and Service-Disabled

Veteran-Owned Business Program (SDVOB)").

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

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

4.) Information to supplement a) data shown in the financial statements and the statement of work on hand required to be submitted with the Bid; and b) any statement submitted under the clauses hereof entitled "Certification of No

Investigation (Criminal or Civil Anti-Trust), Indictment, Conviction, Suspension, Debarment, Disqualification, Prequalification Denial or Termination, Etc.; Disclosure of Other Required Information", "Certification of Participation in a State-Registered

Apprenticeship Program" or "Non-Collusive Bidding and Code of Ethics

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

5.) Moreover, in the event that the bidder's performance on a past Port Authority or

PATH contract or contracts has been rated less than satisfactory (e.g., received a

Performance Evaluation rating of Marginal or Unsatisfactory) within three years prior to submission of his Bid, the Chief Engineer, or his or her designee, may request the bidder furnish information demonstrating to the satisfaction of the Chief

Engineer, or his or her designee, that, notwithstanding such rating, the root cause of the adverse performance has been identified and definitively corrected or the circumstances giving rise to the rating have changed and will not reoccur.

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

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

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

In the event that the Chief Engineer or his or her designee finds, in his or her sole discretion, that the bidder has not satisfactorily demonstrated that the circumstances surrounding a Marginal or

Unsatisfactory Performance Evaluation rating have been successfully mitigated, the Authority may determine that award to the bidder is not in the best interest of the Authority and may, in its sole discretion, remove the bidder from consideration for award. In making such a determination, the Chief

Engineer or his or her designee may initiate a hearing at which time the Contractor will have to demonstrate to a committee of Port Authority staff that the circumstances leading to the Marginal or

Unsatisfactory Performance Evaluation rating have been mitigated and that the factors that led to the rating are no longer applicable. The determination of the Chief Engineer or his or her designee will be conclusive.

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

5. ACCEPTANCE OR REJECTION OF BID

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

The acceptance of a Bid will be made only by emailing or other electronic transmission, mailing to or delivering at the office designated in the Bid a notice in writing specifically indicating acceptance signed by an authorized representative on behalf of the Authority who is at present the Authority's Chief

Procurement Officer. No other act of the Authority, its Commissioners, officers, agents, or employees shall constitute acceptance of a Bid. Such notice will state whether or not the Authority elects to require the bidder to furnish a Performance and Payment Bond. Rejection of a Bid will be made only by either

(a) a notice in writing specifically stating that the Bid is rejected, signed by an authorized representative on behalf of the Authority who is at present the Authority's Chief Procurement Officer and mailed to or delivered at the office designated in the Bid or (b) omission by the Authority to accept a Bid within ninety

(90) days after the opening of Bids; and no other act of the Authority, its Commissioners, officers, agents or employees shall constitute rejection of a Bid, including any counter offer or other act of the Authority, its Commissioners, officers, agents or employees.

In the event that a successful bidder defaults upon the Contract by failing to furnish a satisfactory

Performance and Payment Bond, if required, and the Authority terminates the Contract, the Authority reserves the option to accept the next lowest responsive, technically qualified Bid of any other bidder within ninety (90) days after the opening of Bids, in which case such acceptance shall have the same effect as to such next bidder as though he were the originally successful bidder.

6. RETURN OF CERTIFIED CHECKS

Within ten (10) days after the opening of the Bids the Authority will return all certified checks deposited by bidders, except those deposited by three bidders to be selected by the Authority, which will be returned within three days after one Bid is accepted by the Authority; or if a Performance and Payment Bond is required, within three days after a satisfactory Performance and Payment Bond is furnished to the

Authority; or if all Bids are rejected, not later than three days after such rejection. The return of a bidder's check shall not, however, be deemed to be a rejection of his Bid.

7. WEBSITE POSTINGS OF CONTRACT DOCUMENTS

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

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

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

8. DISPOSAL OF CONTRACT DOCUMENTS

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

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

9. MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES PROGRAM

(MBE/WBE) AND SERVICE-DISABLED VETERAN-OWNED BUSINESS PROGRAM

(SDVOB)

The Authority has a long-standing practice of making its contract opportunities available to as many firms as possible and has taken affirmative steps to encourage Minority Business Enterprises (MBEs) and

Women-owned Business Enterprises (WBEs) to seek business opportunities with it. To promote a competitive atmosphere of inclusivity, the Authority has made contract opportunities available to Service-

Disabled Veteran-Owned Businesses (SDVOBs) by setting subcontracting good faith goals in all contracts.

"Minority Business Enterprise" or "MBE" means a business entity which is at least 51 percent owned by one or more members of one or more minority groups, or, in the case of a publicly held corporation, at least 51 percent of the stock of which is owned by one or more members of one or more minority groups, and whose management and daily business operations are controlled by one or more such individuals who are citizens or permanent resident aliens and such ownership is real, substantial and continuing.

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

"Minority group" means any of the following racial or ethnic groups:

A. Black persons having origins in any of the black African racial groups not of Hispanic origin;

B. Hispanic persons of Puerto Rican, Mexican, Dominican, Cuban, Central or South

American descent of either Native American or Latin American origin, regardless of race;

C. Asian and Pacific Islander persons having origins in any of the original peoples of the Far

East, Southeast Asia, the Indian subcontinent or the Pacific Islands;

D. Native American or Alaskan native persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification.

"Service-Disabled Veteran-Owned Business" or "SDVOB" means a business entity which is at least

51 percent owned by one or more Service-Disabled Veterans, or, in the case of a publicly held corporation, at least 51 percent of the stock of which is owned by one or more Service-Disabled Veterans, and whose management and daily business operations are controlled by one or more such individuals with a verifiable service connected disability.

"Service-Disabled Veteran" as defined by 38 U.S. Code, Section 101:

A. "Veteran" means a person who served in the active military, naval, or air service, and who was discharged or released therefrom under conditions other than dishonorable;

B. "Service-connected" means, with respect to disability or death, that such disability was incurred or aggravated, or that the death resulted from a disability incurred or aggravated, in line of duty in the active military, naval or air service.

To ensure meaningful participation of MBEs, WBEs and SDVOBs on this Contract, the Authority has set good faith Contract goals of 20 percent of the Estimated Total Contract Price for firms owned and controlled by minorities, 10 percent of the Estimated Total Contract Price for firms owned and controlled by women, and 3 percent of the Estimated Total Contract Price, commensurate with SDVOB availability, for firms owned and controlled by service-disabled veterans in all subcontracting opportunities.

A. In the event that this Contract is awarded to an Authority certified MBE, WBE, or

SDVOB, such firm, as the prime contractor, may receive credit toward compliance as follows:

1.) Authority certified MBE

If such MBE self-performs a minimum of 30 percent of the Estimated Total Contract

Price, the 20 percent MBE goal requirement will be met and the MBE will be required to use good faith efforts to achieve the 10 percent WBE goal requirement and the 3 percent SDVOB goal requirement;

2.) Authority certified WBE

If such WBE self-performs a minimum of 30 percent of the Estimated Total Contract

Price, the 10 percent WBE goal requirement will be met and the WBE will be required to use good faith efforts to achieve the 20 percent MBE goal requirement and the 3 percent SDVOB goal requirement;

3.) Authority certified as both an MBE and WBE

If such MBE and WBE self-performs a minimum of 30 percent of the Estimated

Total Contract Price, the 20 percent MBE goal requirement and the 10 percent WBE goal requirement will both be met and the MBE and WBE will be required to use good faith efforts to achieve the 3 percent SDVOB goal requirement;

4.) Authority certified SDVOB

If such SDVOB self-performs a minimum of 30 percent of the Estimated Total

Contract Price, the 3 percent SDVOB goal requirement will be met and the SDVOB will be required to use good faith efforts to achieve the 20 percent MBE goal requirement and the 10 percent WBE requirement;

5.) Authority certified as both an MBE and SDVOB

If such MBE and SDVOB self-performs a minimum of 30 percent of the Estimated

Total Contract Price, the 20 percent MBE goal requirement and the 3 percent

SDVOB goal requirement will both be met and the MBE and SDVOB will be required to use good faith efforts to achieve the 10 percent WBE requirement;

6.) Authority certified as both a WBE and SDVOB

If such WBE and SDVOB self-performs a minimum of 30 percent of the Estimated

Total Contract Price, the 10 percent WBE goal requirement and the 3 percent

SDVOB goal requirement will both be met and the WBE and SDVOB will be required to use good faith efforts to achieve the 20 percent MBE requirement;

7.) Authority certified as an MBE, WBE and SDVOB

If such MBE, WBE and SDVOB self-performs a minimum of 33 percent of the

Estimated Total Contract Price, the 20 percent MBE goal requirement, the 10 percent

WBE goal requirement and the 3 percent SDVOB goal requirement will all be met.

In the event that any portion of the Work is subcontracted in accordance with the clause of the Form of

Contract entitled "Assignments and Subcontracts", the Contractor shall use and document every good faith effort to meet the above goals for MBE, WBE and SDVOB participation in the Work. The identified low bidder, at the time of submission of its MBE/WBE Participation Plan and Affirmation

Statement and its SDVOB Participation Plan and Affirmation Statement (annexed hereto as Schedule A), seven (7) days after identification of its bid as the low bid, must utilize firms already certified by the

Authority and listed in the Directory.

The Authority has compiled and made available on-line an MBE/WBE/SDVOB Directory which specifies the firms the Authority has determined to be (1) MBEs/WBEs/SDVOBs and (2) experienced in performing work in the trades and contract dollar ranges indicated in the Directory. The Authority makes no representation as to the financial responsibility of such firms or their ability to perform Work required under any particular Contract. Subject to the following paragraph, only MBEs/WBEs/SDVOBs listed in the Directory will count toward the required MBE/WBE/SDVOB participation. (Eligible

MBE/WBE/SDVOB firms are listed on the following Authority website:

http://www.panynj.gov/business-opportunities/supplier-diversity.html) http://www.panynj.gov/business-opportunities/supplier-diversity.html

Once approved, the MBE/WBE and SDVOB Participation Plan and Affirmation Statements submitted by the bidder and incorporated into the Contract, upon acceptance of the Contractor's Bid, may be modified only with the written approval of the Authority's Office of Diversity, Equity and Inclusion (ODEI).

Subsequent to Contract award, all changes to the MBE/WBE and SDVOB Participation Plans must be submitted via a Modified MBE/WBE Participation Plan and Affirmation Statement (Form PA 3760B) and a Modified SDVOB Participation Plan and Affirmation Statement (Form PA 3760SDV2) to the

Engineer for review and approval by ODEI. The Contractor must provide ODEI with any and all documents and information as may be requested with respect to the modification. For submittal of modifications to the MBE/WBE and SDVOB Participation Plans, the Contractor must use Form PA

3760B and Form PA 3760SDV2 which may be downloaded at http://www.panynj.gov/business-opportunities/become-vendor.html.

In the event that, prior to acceptance of the Contractor's Bid and following review of the MBE/WBE and

SDVOB Participation Plan and Affirmation Statements submitted by the bidder pursuant to the clause hereof entitled "Qualification Information", the Authority determines that the bidder has not made a good faith effort to meet the MBE/WBE/SDVOB participation goals set forth above, the Authority may advise the bidder that it is not responsive and may reject the bidder's Bid.

Such good faith efforts shall include at least the following:

A. Attendance at pre-bid meetings, if any;

B. Utilization of the Authority's Directory of certified MBE/WBE/SDVOBs available on-line (see Notification of MBE/WBE/SDVOB On-line Directory and Forms annexed hereto;

C. Active and affirmative solicitation of bids for subcontracts from MBE/WBE/SDVOBs;

D. Advertisement in general circulation media, trade association publications and minority-focused media for a reasonable period before Bids are due;

E. Dividing the work to be subcontracted into smaller portions or encouraging the formation of joint ventures, partnerships or similar arrangements among subcontractors in order to increase the likelihood of achieving the MBE/WBE/SDVOB goals;

F. Providing a sufficient supply of Contract Drawings and Specifications of prospective work to MBE/WBE/SDVOBs and providing appropriate materials to each in sufficient time to review; and

G. Utilizing the services of available minority and women's community organizations;

contractor's groups; local, State and Federal business assistance/development offices and other organizations that provide assistance to…