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REQUEST FOR PROPOSAL

PERFORMANCE OF EXPERT PROFESSIONAL TENANT ALTERATION APPLICATION (TAA) CODE REVIEW SERVICES AS REQUESTED ON A TASK ORDER BASIS FOR A FOUR-YEAR TERM

RFP# 6000001825

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 Tenant Alteration Application (TAA) code review 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 Port Authority of New York and New Jersey (the “Authority” or “Port Authority”) is seeking Proposals in response to the subject RFP from firms for expert professional Tenant Alteration Application (TAA) code review services on an task order basis.

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, Stephanie Seelall, sseelall@panynj.gov.

For purposes of Proposal presentation, the Proposer 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.

The Engineering Department, Manager of Design Standards will be available to answer questions relating to the RFP and tenant alteration code review services, performed at the Authority.

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

A virtual Pre-Proposal Meeting is scheduled on November 20,2023 at 9:30 A.M. Eastern Time (ET). On November 20, 2023, please use the below link to access the meeting. If you have any issues connecting, please email Stephanie Seelall at sseelall@panynj.gov

Event address for attendees:

https://teams.microsoft.com/l/meetup-join/19%3ameeting_NGM4NGQxZDQtMmNlNi00OTJjLTk0ZWMtNTYwNjQ5Zjg0NzYz%40thread.v2/0?context=%7b%22Tid%22%3a%22c4484a25-d0d8-4ad0-916a-a889b6aa7a02%22%2c%22Oid%22%3a%22a40259d2-dff0-4245-a191-6af69817d59b%22%7d

IV. PROPOSER REQUIREMENTS:

Only proposals from firms that can demonstrate compliance with the following requirements shall be considered:

1. All staff proposed shall be a Registered Architect or Professional Engineer licensed in the State of New York or the State of New Jersey.

2. Proposer shall have a minimum of two staff members who have demonstrated experience conducting expert code reviews in at least one of the following nine disciplines:

· architectural,

· structural,

· mechanical,

· electrical,

· plumbing,

· fire protection,

· fire alarm,

· vertical transportation, or

· aircraft fueling

3. Proposer must have one staff member with at least eight years’ experience with five of the eight, recognized as a code expert providing building code analysis for commercial and industrial buildings who shall have in depth knowledge of all applicable construction codes and reference standards in the City of New York, New York State, and State of New Jersey with a proper understanding of engineering disciplines related to building design and construction of transportation and related facilities.

4. Proposer, at a minimum, must have five years’ demonstrated experience providing design code review services on commercial and transportation facilities with demonstrated knowledge of the building codes in the City of New York, or New York State, and/or State of New Jersey.

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

V. INSTRUCTIONS AND ADDITIONAL INFORMATION:

Tab

(Attachment A) Attached Herewith

· Attachment A – Scope of Services

· Attachment B – Agreement on Terms of Discussion

(Attachment C) Proposer must include a completed,

· Attachment C – Company Profile

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

Joint venture partnerships shall not be considered.

· 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 (including subconsultants, if any) who will be assigned to perform the requested services.

· Attachment E – Project Experience of the Firm (including Subconsultants, if any)

(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 Proposer must include their MBE/WBE/SDVOBs Participation Plan, being proposed, by completing the below form:

· Attachment F – MBE/WBE/SDVOB Participation Plan

Salary Schedule – Proposer 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

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

ADDITIONAL INFORMATION

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

The Authority shall accept only those proposals in electronic format for which the submission or modification is completed at the time of the Proposal Due Date. Proposal submissions will be accepted by upload only, at https://panynj.bonfirehub.com/portal/?tab=login and must be uploaded and received by the Authority no later than 2:00 P.M. Eastern Time (ET) on December 8, 2023. Emailed submissions, hand deliveries and mailed deliveries (e.g., UPS, USPS) will not be accepted.

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

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

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.

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

EXPERT PROFESSIONAL TENANT ALTERATION APPLICATION (TAA) CODE REVIEW SERVICES AS REQUESTED ON A TASK ORDER BASIS FOR A FOUR-YEAR TERM

RFP# 6000001825

[PROPOSAL DUE date]

[PROPOSER NAME]

Lillian D. Valenti Chief Procurement Officer

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

1399817 agreement on terms of DISCUSSION (attachment B)

Agreement on Terms of Discussion (Attachment B) Proposer must include a completed and signed Attachment B form.

ATTACHMENT B

EXPERT PROFESSIONAL TENANT ALTERATION APPLICATION (TAA) CODE REVIEW 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) company PROFILE (attachment C)

Company Profile (Attachment C) Proposer 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: ______________________________________________________________________________________________________________________________________________________

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.

Proposer Requirements (Transmittal Letter)

The Authority will consider only those firms who are able to demonstrate compliance with the proposer requirements stated in Section IV.

· Use Item 5 Attachment D for Staff Qualifications and Experience

· Use Item 6 Attachment E for Firm Qualifications Joint venture partnerships shall not be considered under the “call-in” Program

PROPOSER REQUIREMENTS - STAFF QUALIFICATIONS AND EXPERIENCE (attachment d)

Staff Qualifications and Experience of Personnel (including Subconsultants, if any) Provide technical qualifications of all full-time engineering and technical personnel of your firm (including subconsultants, if any)who will be assigned to perform the requested services, as outlined in Section IV – Proposer Requirements.

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

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 (including subconsultants, if any) who will be assigned to perform the requested services.

ATTACHMENT D

STAFF QUALIFICATIONS AND EXPERIENCE

The Proposer must complete one Attachment D for each proposed full-time engineering and technical personnel (including subconsultants, if any) of your firm who will be assigned to perform the requested services, as outlined in Section IV.

(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 services comparable to the tasks outlined in Attachment A under this solicitation)

RELEVANT PROJECTS

(Please include a minimum of two and no more than five projects comparable to the services contemplated in the Attachment A, under this solicitation)

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

BRIEF PROJECT DESCRIPTION AND SPECIFIC ROLE ON PROJECT

☐ Check if project performed with current firm

BRIEF PROJECT DESCRIPTION AND SPECIFIC ROLE ON PROJECT

☐ Check if project performed with current firm

BRIEF PROJECT DESCRIPTION AND SPECIFIC ROLE ON PROJECT

☐ Check if project performed with current firm

BRIEF PROJECT DESCRIPTION AND SPECIFIC ROLE ON PROJECT

☐ Check if project performed with current firm

PROPOSER REQUIREMENTS - FIRM QUALIFICATIONS AND EXPERIENCE (ATTACHMENT E)

Firm Qualifications and Experience of Personnel (including subconsultants, if any) Identify the experience of your firm (including subconsultants, if any) in providing services as identified in Section IV – Proposer Requirements and comparable to those contemplated under the requested services in Attachment A, under this solicitation.

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

· Attachment E – Firm Qualifications and Experience

ATTACHMENT E

FIRM QUALIFICATIONS AND EXPERIENCE

The Proposer must complete one Attachment E for each project your firm (including subconsultants, if any) has provided services as outlined in Section IV and comparable to the services contemplated in Attachment A, under this solicitation.

RELEVANT PROJECTS

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

C. BRIEF PROJECT DESCRIPTION AND SPECIFIC ROLE ON PROJECT

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.

MBE/WBE/SDVOB PARTICIPATION PLAN (ATTACHMENT F)

MBE/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 Proposer 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.

· Level of Participation: Indicate the estimated percentage of MBE/WBE/SDVOB participation expected to be achieved.

· 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.

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

· Attachment F – The MBE/WBE/SDVOB Plan submitted by the Proposer to the Port Authority

ATTACHMENT F

MBE/WBE/SDVOB PARTICIPATION PLAN

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

(*Insert “N/A” if not applicable.)

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]

COST (ATTACHMENT G)

Multiplier & 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, profit). Indicate Port Authority Office/Consultant 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).

Port Authority Office Multiplier:

Consultant Office Multiplier:

Include a breakdown of the multiplier(s) components below:

Salary Schedule Include the name(s), title(s) and hourly rate(s) and hours 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. Provide a company policy for compensation for premium pay (i.e. holidays, shift differentials, regular days, weekends and night work or union required payments must be included). Typical job titles may include, but are not limited to, the following:

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)

conFLICT OF INTEREST (STATEMENT)

Conflict of Interest If the Proposer or any employee, agent or subcontractor/subconsultant of the Proposer may have, or may give the appearance of a possible conflict of interest, the Proposer shall include in its proposal a statement indicating the nature of the conflict. 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.

Proposers 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. Proposers are directed to the Conflict-of-Interest paragraph of the attached Standard Agreement. Proposers are further advised that under this Agreement, firms must provide, upon receipt of a Task Order issued by the 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.

Conflict of Interest Statement (describe the nature of the conflict):

[INSERT RESPONSE HERE]

Mitigation Plan:

[INSERT RESPONSE HERE]

ATTACHMENT A

SCOPE OF SERVICES

EXPERT PROFESSIONAL TENANT ALTERATION APPLICATION (TAA) CODE REVIEW SERVICES ON A TASK ORDER BASIS FOR A FOUR-YEAR TERM

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 agency’s capital and operating programs. In addition, the department ensures the structural integrity, life safety, and code compliance of all agency’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 Quality Assurance, Design Standards unit functions as Code Conformance Officials, performing certain building department functions for the chief engineer. The unit performs audits on various Port Authority contract designs for conformance with applicable codes. Audits are performed on construction documents (drawings, specifications, computations, etc.) that impact any life safety systems, fire protection systems, ventilation, egress changes, facility structural integrity, or hazardous materials and infrastructure for conformance with the applicable Federal, State and Local codes.

SCOPE OF SERVICES

The services of the Consultant shall generally consist of, but are not limited to, providing code review services at all Authority facilities.

Codes may include but are not limited to:

A. New York City:

1. New York City Construction Codes consisting of:

a) New York City Building Code

b) New York City Mechanical Code

c) New York City Fuel Gas Code

d) New York City Plumbing Code

2. 1968 Building Code/Existing Building Code of the City of New York

3. Energy Conservation construction Code of New York City

1. New York State Uniform Fire Prevention and Building Code with the following parts:

a) Building Code of New York State

b) Plumbing Code

c) Mechanical Code

d) Fuel Gas Code

e) Fire Code

f) Existing Building Code

2. Energy Conservation Construction Code of New York State C. State of New Jersey:

State Uniform Construction Code with the following subcodes:

a) Building subcode

b) Plumbing subcode

c) Energy subcode

d) Mechanical subcode

e) Fuel gas subcode

f) Energy subcode

g) Rehabilitation subcode D. ASME A17.1 Elevator & Escalators The services shall be performed at the Authority's facilities, unless otherwise directed by the Chief Engineer.

DESCRIPTION OF CONSULTANT’S TASKS

Staff Qualifications 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.

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

1. The Consultant shall be required to provide the requested services upon 48-hours notification.

2. Provide building code review services for commercial and industrial buildings including knowledge of all applicable construction codes and their reference standards in City of New York, New York State, and State of New Jersey.

3. Consultant shall perform (and must have demonstrated ability in) interpreting, analyzing, and reviewing drawings, specifications, reports, and other construction documents with a full understanding of engineering disciplines related to building design and transportation industry facilities.

4. Coordinate review comments from various technical disciplines, including specialized disciplines such as aircraft fueling.

5. Prepare comprehensive memorandums to transmit comments to Authority facility managers.

6. Attend meetings (in-person or virtual) with tenants’ consultants to discuss comments and resolve code matters.

SUBMISSIONS

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

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, 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.

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

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

The Authority's office is located at 2 Montgomery Jersey City, NJ, 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 remote, unless otherwise directed by the Authority.

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

DATE

FIRM

ADDRESS

CITY, ST ZIP

Attention: CONTACT, TITLE

SUBJECT: PERFORMANCE OF EXPERT PROFESSIONAL **** SERVICES AS REQUESTED ON A "CALL-IN" BASIS DURING 20**

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**.

At the Authority’s discretion, the Consultant may be required to enter into new agreements for each of the following <> (<>) years: 20**, 20** and 20**. Said agreement(s) shall be identical to this Agreement unless otherwise mutually agreed upon by the parties. The Authority will send subsequent agreements to the Consultant only for those years they are awarded a task order.

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

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

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

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.

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, 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.

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, necessary and reasonable amounts for the reproduction of such documents.

The Authority will not pay for expenses that are usually and customarily included as part of the Consultant's overhead. For the purposes of this Agreement out-of-pocket expenses do not include amounts for typing, utilization of computer systems, computer aided design and drafting (CADD), cameras, recording or measuring devices, flashlights and other small, portable equipment, safety supplies, phones, telephone calls, electronic messaging including Fax, or expendable office supplies. Unless otherwise indicated, required insurance is not a reimbursable expense.

When the Consultant uses its personal vehicle to provide services within the Port District, the Consultant will be reimbursed for travel expenses beyond normal commuting costs at a rate not higher than the Annual Federal Mileage Reimbursement Rate (as determined by the United States General Services Administration (GSA) – http://www.gsa.gov/portal/content/100715 per mile traveled by auto.

When the Consultant is asked to provide services outside the Port District, the actual cost of transportation as well as the cost for hotel accommodations and meals will be reimbursable hereunder when approved in advanced in writing by the Chief Engineer. The cost for all meals and lodging on approved overnight trips is limited to the amounts established by the United States GSA for that locality.

GSA Domestic Rates: http://www.gsa.gov/portal/category/21287 You shall obtain the Chief Engineer’s written approval prior to making expenditures for out-of-pocket expenses in excess of one thousand dollars ($1,000) per specific expenditure and for all overnight trips, which are reimbursable expenditures as set forth above. You shall substantiate all billings for out‑of‑pocket expenses in excess of twenty-five dollars ($25) with receipted bills and shall provide said receipts with the appropriate billing.

E. As used herein:

"Port District" is a geographical area of about 1,500 square miles in the States of New York and New Jersey, centering about New York Harbor. The Port District includes the Cities of New York and Yonkers in New York State, the cities of Newark, Jersey City, Bayonne, Hoboken and Elizabeth in the State of New Jersey and over 200 other municipalities, including all or part of seventeen counties, in the two States.

"Salaries paid to employees" or words of similar import means salaries and amounts actually paid (excluding payments or factors for holidays, vacations, sick time, bonuses, profit participations and other similar payments) to architects, engineers, designers, drafters or other professional and technical employees of the Consultant for time actually spent directly in the performance of technical services hereunder and recorded on daily time records which have been approved by the employee's immediate supervisor, excluding the time of any employee of the Consultant to the extent that the time of such employee of the Consultant is devoted to typing/word processing, stenographic, clerical or administrative functions. Such functions shall be deemed to be included in the multipliers referred to in Subparagraph A above.

10. You shall keep, and shall cause any subconsultants under this Agreement to keep, daily records of the time spent in the performance of services hereunder by all persons whose salaries or amounts paid thereto will be the basis for compensation under this Agreement as well as records of the amounts of such salaries and amounts…