REQUEST FOR EXPRESSIONS OF INTEREST & QUALIFICATIONS Newark Pennsylvania Station Food and/or Food/Retail Concession(s)

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1 REQUEST FOR EXPRESSIONS OF INTEREST & QUALIFICATIONS Newark Pennsylvania Station Food and/or Food/Retail Concession(s) I. Overview of Opportunity NJ TRANSIT s Newark Pennsylvania Station attracts approximately 26,500 weekday patrons boarding NJ TRANSIT commuter rail lines. PATH, Amtrak, Greyhound, Newark City Subway as well as local and state buses with service to points throughout the city and State of New Jersey utilize this major transportation hub. The station is located in the heart of Newark s business district in close proximity to commercial, retail and residential areas of Newark, including the Rock (Prudential Center Arena), the New Jersey Performing Arts Center, the Gateway Center, and the Ironbound District. As part of our ongoing station enhancement efforts, NJ TRANSIT recognized an opportunity to utilize a portion of outdoor, covered pedestrian plaza space to offer additional amenities accessible to both passengers and the general public. Activation of this plaza space through development of a dynamic restaurant or retail concept(s) will enhance the transition area from bus and cab service into the station and encourage repeat visitation by commuters, tourists, and visitors to the Rock and other downtown areas. Pursuant to this Request for Expressions of Interest & Qualifications ( RFEIQ ), NJ TRANSIT solicits responses from qualified candidates to establish restaurant, food and beverage, and/or retail facilities on a portion of the Newark Penn Station property that turns outwards toward Market Street and the Rock Prudential Arena. NJ TRANSIT will consider operating scenarios that best meet the objective of providing additional passenger amenities providing excellent customer service, maximizing revenue to NJ TRANSIT, and contributing to the revitalization of the Newark Penn Station and the surrounding downtown Newark area. The subject area is approximately 11,000 square feet and is located just outside the south wall of the station (see attached site plan). The design of the new facility(s) must be compatible with the architecture of the station. Design and construction at the subject site will be subject to review by The State Historic and Preservation Office, also known as ( SHPO ) ( in addition to NJ TRANSIT and Department of Community Affairs ( DCA ) review, and responders are encouraged to visit the neighborhood and view the nearby variety of recently constructed, SHPO compliant storefront treatments including glass and other materials.. II. THE INVITATION NJ TRANSIT will evaluate submissions to this RFEIQ and select qualified respondents to be included in a short list of potential proposers invited to participate in a subsequent Request for Proposals ( RFP ) solicitation for the subject site. The subsequent RFP is

2 anticipated to be for a TEN YEAR LEASE with option(s), based on the operating scenario that will best meet NJ TRANSIT objectives. The short list of potential proposers will have the opportunity to submit proposals, and may modify their initial concepts in response to additional information and/or different requirements contained in the subsequent RFP. A. Requirements The primary purpose of your response to this RFEIQ is to illustrate your organization s interest, qualifications and envisioned use for the subject space. Inclusion of pictures, layouts, sketches and/or renderings is encouraged. NJ TRANSIT will consider restaurant, food & beverage or retail concepts, including one or multiple concepts within the proposed space. Responses to this initial RFEIQ will be evaluated based on: 1. Proposed Concept(s) in relation to Customer Satisfaction 2. Utilization of the space to maximize revenue to NJ TRANSIT 3. Compatibility of design and operational plan to existing Newark Penn Station harmony with Station s primary operations RESPONDER MUST PROVIDE: 1. Provide the following information: full legal company name, organization structure (e.g., corporation, partnership, joint venture) of respondent, and complete contact information including mailing address, phone and fax numbers, and address. a. If a corporation, furnish: The date and state of incorporation. The names of all persons or entities owning at least 10% interest in the company. Articles of Incorporation and Certificate of Good Standing. b. If Respondent is a limited liability company, furnish the date and state of organization; the names of all Managers; the names of all Members having at least a 10% ownership interest, and furnish the Certificate of Formation, the Operating Agreement, and a Certificate of Good Standing. c. For any out-of-state entity, proof of qualification to do business in New Jersey must be supplied. d. If a partnership, list all partners. e. If a joint venture, provide: The information requested within this section for each party to the joint venture. A copy of any written agreement or understanding, which exists between the members of the joint venture. If no written agreement or understanding exists, then a written statement explaining how the joint venture will fulfill the requirements of the proposal.

3 f. If a sole proprietorship, list all business names under which such individual has done business during the last five (5) years. g. A required Credit check and NJ TRANSIT Police Criminal Report of Respondent, as defined above, certain of its Affiliates, as applicable, and of the Guarantor, as defined below, will be conducted. h. List all leases with NJ TRANSIT that the Respondent or any Affiliate has executed. i. The Respondent and the Guarantor must include a net worth statement, detailing the Respondent s and the Guarantor s assets and liabilities. 2. Briefly describe the offerer s organization and management team as it relates to the proposed scenario 3. Existing food/beverage and/or retail venues location, size, description, length of time operated 4. Name any location in New Jersey closed within the last two years and state reason 5. Include proposed square footage and related usage. Note: the amount of space delineated will not be a criteria in this RFEIQ single or multiple concepts or establishments will be considered, however it is anticipated that any eventual construction, including that which might be necessary to separate different establishments, would be at the tenant s expense. If applicable to proposed scenario, describe how kitchen facilities may be shared for multiple concepts 6. Provide three Landlord and three operational references, including current contact information for each reference 7. FINANCIAL CAPABILITY: The financial capability statement must include personal or entity assets, certified financial statements, and any applicable documentation which will give NJ TRANSIT assurance that the Respondent can complete the anticipated capital improvements and pay monthly rent. The financial information must include pro forma revenue and expense data as it pertains to the responder s envisioned use scenario. V. Site Visit A site visit will take place on Wednesday, June 4th, 2008 at 12:00 PM NOON. Questions regarding the site or any part of this RFEIQ will not be addressed during the visit but must be submitted in writing as described below.

4 All questions and communications about this RFEIQ shall be submitted in writing to: Bernadette Gill Director of Property Management NJ TRANSIT One Penn Plaza East Newark, NJ Communication via facsimile machine from Respondent to Attention: Ms. Gill (FAX: ) is acceptable to fulfill this requirement. Only questions forwarded in writing will be addressed. NO PHONE CALLS. Interpretations, clarifications or supplemental instructions will be issued by Addenda and will be mailed or delivered to all parties requesting this RFEIQ. NJ TRANSIT reserves the right to accept or reject any or all responses and proposals and/or to waive minor informalities and irregularities. During the evaluation process, if NJ TRANSIT determines that a particular requirement may be modified or waived, then the requirement will be modified or waived for all Respondents. Each Respondent must disclose in its proposal any relationships (family, personal, business) between itself or its Affiliates and any NJ TRANSIT employees, officers or Board members. Any proposal can be rejected for any reason if NJ TRANSIT believes that it is not in its best interest to entertain or consider the proposal. NJ TRANSIT further reserves the right to require oral presentations, ask specific questions and conduct exploratory discussions with one or more Respondents at any time during the evaluation process in order to clarify the details of a proposal. IV. SCHEDULE Site Visit Deadline for submittal of questions Deadline for submission of Response 6/4/08 at 12:00 NOON 6/6/08 at 5:00 PM 6/27/08 at 5:00 PM If you wish to be considered as a prospective tenant for the space listed above under the conditions contained in this RFEIQ, please return five (5) copies of your response by 5:00PM on June 27, 2008 to the following address: Bernadette Gill Director of Property Management NJ TRANSIT Real Estate and Economic Development One Penn Plaza East Newark, New Jersey RE: NEWARK PENN STATION EXTERIOR RETAIL EXPANSION

5 VI. PROTEST PROCEDURE This section describes the policies and procedures governing the receipt and resolution of vendor protests in connection with this Request for Expressions of Interest (RFEIQ). A. Parties Only an interested party may file a protest. B. Types of Protests/Time Limits 1. Protests based upon alleged restrictive specifications or alleged improprieties in NJ TRANSIT's procurement process must be filed no later than five (5) days prior to the bid opening date, or no later than five (5) days prior to the closing date for receipt of initial proposals. 2. Protests based upon alleged improprieties of a Proposal shall be filed no later than five (5) days after the Protestor knows or should have known of the facts giving rise thereto. 3. Protests based upon the award of a contract shall be filed no later than five (5) days after the notification to the unsuccessful firms of NJ TRANSIT's intent to award, or no later than five (5) days after an unsuccessful firm becomes aware of NJ TRANSIT's intent to award a contract, whichever comes first. 4. All protests must be filed in writing. Oral protests will not be accepted. C. Where to File Protests must be filed directly with NJ TRANSIT's Contracting Officer, or designee, at the address indicated in the solicitation. D. The Protest 1. The protest must contain the following information: a. The name, address and telephone number of the protestor. b. Identity of the RFP (by number and description). c. A statement of the specific grounds for protest and any supporting documentation. Additional materials in support of the protest will only be considered if filed within the time limits set in Paragraph B. d. An indication of the ruling or relief desired from NJ TRANSIT. 2. If the protest is filed before contract award, the potential contractor will be advised by NJ TRANSIT of the pending protest. 3. If deemed appropriate by NJ TRANSIT, an informal conference on the merits of the protest may be conducted with all interested parties allowed to attend.

6 E. Confidentiality of Protest Material submitted by a protestor will not be withheld from any interested party, except to the extent that the withholding of information is permitted or required by law or regulation. If the protestor considers that the protest contains proprietary material which should be withheld, a statement advising of this fact must be affixed to the front page of the protest documents and the alleged proprietary information must be so identified wherever it appears. F. Response to the Protest NJ TRANSIT's Contracting Officer, or designee, will respond to the protest within a reasonable time after receipt of the protest by NJ TRANSIT. NJ TRANSIT's response shall address only the issues raised originally by the protestor. G. Rebuttal to NJ TRANSIT's Response The protestor may submit a written rebuttal to NJ TRANSIT's response, addressed to the Contracting Officer, but must do so within five (5) days after receipt of the original NJ TRANSIT response. New issues in the rebuttal will not be addressed by NJ TRANSIT. After receipt of the protestor's rebuttal, the Contracting Officer will review the protest and notify the protestor of his final decision. H. Request for Additional Information Failure of the protestor to comply expeditiously with a request for information as specified by NJ TRANSIT's Contracting Officer, or designee, may result in determination of the protest without consideration of the additional information. If any parties to the protest request information from another party, the request shall be made to NJ TRANSIT's Contracting Officer, or designee, and shall be complied with by the other party within five (5) days if NJ TRANSIT so directs. I. Request for Reconsideration If data becomes available that were not previously known, or there has been an error of law, a protestor may submit a request for reconsideration of the protest. NJ TRANSIT's Contracting Officer will again review the protest considering all currently available information. The Contracting Officer's determination will be made within a reasonable period of time, and his decision will be considered final. J. Procurement Process Status Upon timely receipt of a protest, NJ TRANSIT will delay the receipt of proposals until after resolution of the protest for protests filed prior to the proposal due date, or withhold award until after resolution of the protest for protests filed after receipt of proposals. However, NJ TRANSIT may receive proposals or award a contract whenever NJ TRANSIT, at its sole discretion, determines that: 1. The items or work to be procured are urgently required; or 2. Delivery or performance will be unduly delayed by failure to make the award promptly; or

7 3. Failure to make prompt award will otherwise cause undue harm to NJ TRANSIT or the Federal Government. K. Federal Transit Administration (FTA) Involvement Where procurements are funded by the FTA, the protestor may protest to the FTA only where the protest alleges that NJ TRANSIT failed to have or to adhere to its protest procedures. Any protest to the FTA must be filed in accordance with FTA Circular b. L. Definitions 1. "Days" means working days. 2. "File or Submit" means date of receipt by NJ TRANSIT's Contracting Officer. 3. "Federal Law or Regulation" means any valid requirement imposed by Federal statue or regulation governing contracts awarded pursuant to a grant agreement between NJ TRANSIT and the FTA. This includes the requirements as stated in FTA Circular b. 4. "Contracting Officer" means the Senior Director of Procurement or his designee as indicated in the solicitation document. 5. "Interested Party" means all Respondents/Proposers. It may also include a subcontractor or supplier provided they have a substantial economic interest in a portion of the RFP. 6. "Potential Contractor" means the Proposer that is in line for award of the contract in the event that the protest is denied.

8 EXHIBIT A SITE PLAN

9 EXHIBIT B TERMS AND CONDITIONS Responses to this Request for Expressions of Interest & Qualifications ( RFEIQ or Request ) are subject to the following: NJ Transit makes no representations nor warranties whatsoever with respect to this Request or the real property and improvements at or about the Newark Penn Station premises, including the accuracy or completeness of any information or assumptions contained in or provided in connection with this Request or otherwise furnished to respondents; potential use or development of the subject site or any portion thereof; the physical condition and/or suitability of the site for any specific uses or development. Respondents shall not rely upon any statement or information given to respondents by NJ Transit, including any information contained in this Request or made available pursuant to this Request or otherwise. Each respondent shall make its own analysis and evaluation of the Facility. Each respondent shall obtain its own independent legal, accounting, engineering and technical advice on all matters relating to the site. NJ TRANSIT will not pay for or refund any costs and expenses incurred by any respondent in responding to this Request. All determinations as to the completeness or compliance of any response or as to the eligibility, qualification or capability of any respondent will be within the sole and absolute discretion of NJ TRANSIT. Selection or designation of any respondent or a response pursuant to this Request will not create any rights for the respondent including, without limitation, rights of enforcement, equity or reimbursement. This Request does not constitute an offer of any nature and does not obligate NJ TRANSIT to issue any subsequent Request for Proposal, undertake any action or to proceed with the project. NJ TRANSIT will review all responses for compliance with the terms and conditions of this Request, and may request from any and all of the respondents, at any time during the selection process, additional information, material, clarification, confirmation or modification of any submitted response. NJ TRANSIT may also, but is not obligated to, make requests for additional material or for clarification or modification of any submitted response. Submission of a response shall constitute the respondent s permission to NJ TRANSIT to make such inquiries concerning the respondent as NJ TRANSIT, in its sole discretion, deems useful or appropriate including, without limitation, authorization to contact the respondent s bank(s) and credit references, and any other persons identified in the response and to obtain release of pertinent financial and other information. Except at the request or by the consent of NJ TRANSIT in its sole discretion, no respondent will be entitled to change its response once submitted.

10 NJ TRANSIT may at any time exclude those responses which, in its sole Discretion, fail to demonstrate the necessary qualifications or which fail to comply with the terms and conditions of this Request. NJ TRANSIT reserves the right, in its sole discretion, to reject at any time any or all responses; to withdraw the request without notice; to negotiate with one or more respondents submitting responses. No brokerage fees, finders fees, commissions or other compensation will be payable by NJ TRANSIT in connection with the selection of any respondent or the negotiation and closing of any subsequent agreement as a result of this Request or any subsequent RFP. Submission of a response by a respondent in response to this request will constitute an undertaking by the respondent to hold harmless and indemnify NJ TRANSIT from and against any and all expenses, damage or liability (including, without limitation, attorney s fees and disbursements) arising out of any claim for such fees, commissions or other compensation made in connection with such respondent s response to this request, selection or non- selection hereunder or negotiation and execution (or non-execution) of any agreement. Public access to material submitted by respondents in response to this request shall be governed by the relevant provisions of the Open Public Records Act, ( OPRA ), and regulations adopted pursuant thereto. If any respondent submits information which it believes to be a trade secret or otherwise exempt from disclosure under OPRA, it must specifically identify such information and state in writing the reasons why the information should be exempt from disclosure. Notwithstanding the foregoing, NJ TRANSIT shall not be liable if the information is released pursuant to OPRA which the respondent believes to be a trade secret or detrimental to its business. The Respondent and Affiliates shall be subject to a credit report, a criminal records investigation, and to the provisions of Executive Order 134 and its statutory successor. By submitting a response for this Request, the respondent agrees to be bound by all the terms and conditions of this Request.