1-BIDDOC 6000003020.pdf

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

REQUEST FOR QUOTATION

Quantity Description Unit Price Total

Dust Collector and Recycling Machine - Two (2) Year

Requirements Contract.

Supply Dust Collector and Recycling Machine rentals on an as needed basis. Contract to commence on or about December 1, 2025, to November 30, 2027, with two (2) one-year option periods.

Attachments: "Contract for the Rental of Dust Collector and

Recycling Machine" to be made part of this contract.

Contract Administrator: Varuna Sembukuttige

Form and Submission of Bid

The Port Authority has temporarily ceased public bid openings and will allow for the electronic submission of bids.

The Port Authority of New York and New Jersey has temporarily ceased public bid openings and will allow for the digital submission of certain bids using the Bonfire platform, accessible via the link https://panynj.bonfirehub.com/portal/?tab=openOpportunities.

Bidders MUST register in order to download the solicitation documents and associated information regarding the referenced

PLEASE QUOTE FULLY DELIVERED

PRICE

PAYMENT

TERMS

Total Delivered Price

RFQ Number / Bid Due Date

6000003020 / 09/23/2025

Bids must be received no later than 11:00:00 on the above Bid Due Date

Deliver Goods/Services To:

Refer to Contract for Rental of Dust Collectors and Recycling Machines

Port Authority Procurement Contact

Cooper Zablocki / 212-435-4639 / czablocki@panynj.gov

Date 09/09/2025

This Quotation is subject to the terms and conditions set forth back on the pages hereof. Bidder is advised to read these before.

We have read the instructions and, if favored with an order, we agree to furnish the items enumerated herein at the prices and under the conditions indicated.

Signed ______________________________________

Firm Name ___________________________________

Telephone number__________________Date________

Fax Number___________________________________

Federal Taxpayer ID ____________________________

Bidder

Must

Sign

In

Two

Places

NOTICE TO BIDDERS: Unless the following term of assurance that the above offer is irrevocable is signed, the offer submitted herein shall not be deemed to be complete.

The foregoing offer shall be irrevocable for 90 days after the date on which the Port Authority of New York and New Jersey opens this proposal.

Signed______________________________Date___________

Firm Name__________________________________________

Quantity Description Unit Price Total solicitation and in order to upload bid submissions. Registration on the Bonfire platform requires a separate and distinct registration from all other Port Authority platforms.

Sealed bids for the referenced solicitation will be received by the

Port Authority any time up to but not later than the due date and time indicated in the solicitation document. The Port Authority will accept only those bids in electronic format, and in the same readable Adobe PDF or in the format as provided by the Port

Authority. Bid submissions will be accepted by upload only at https://panynj.bonfirehub.com/portal/?tab=login and must be uploaded timely so as to be received by the Authority by the deadline 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.

If requested by the Port Authority, the paper submission must be identical to the electronic submission that was submitted by the

Bid Due Date. In the event of a discrepancy, the electronic submission shall take precedence.

THERE WILL BE NO PUBLIC BID OPENINGS AND HAND

DELIVERIES WILL NOT BE ACCEPTED. Bid results will be posted to the Port Authority’s website as soon as they are available.

NOTICE TO BIDDERS: Unless the following term of assurance that the above offer is irrevocable is signed, the offer submitted herein shall not be deemed to be complete.

The foregoing offer shall be irrevocable for 90 days after the date on which the Port Authority of New York and New Jersey opens this proposal.

Signed______________________________Date___________

Firm Name__________________________________________

REQUEST FOR QUOTATION

We have read the instructions and, if favored with an order, we agree to furnish the items enumerated herein at the prices and under the conditions indicated.

Signed ______________________________________

Firm Name ___________________________________

Telephone number__________________Date________

Fax Number___________________________________

Federal Taxpayer ID ____________________________

Bidder

Must

Sign

In

Two

Places

PLEASE QUOTE FULLY DELIVERED

PRICE

PAYMENT

TERMS

Total Delivered Price

This Quotation is subject to the terms and conditions set forth back on the pages hereof. Bidder is advised to read these before.

Date 09/09/2025

RFQ Number / Bid Due Date

6000003020 / 09/23/2025

Quantity Description Unit Price Total

By submitting this Bid, the Bidder offers to assume the obligations and liabilities imposed upon it herein and expressly makes the representations and warranties required to be made by it in this document.

Questions concerning Bonfire may be addressed to the contact provided on the Bonfire platform.

Questions concerning this solicitation shall be addressed only to the Buyer.

Rent dust collector and recylcer

This item covers following services

1.00 Rent dust collector and recylcer

NOTICE TO BIDDERS: Unless the following term of assurance that the above offer is irrevocable is signed, the offer submitted herein shall not be deemed to be complete.

The foregoing offer shall be irrevocable for 90 days after the date on which the Port Authority of New York and New Jersey opens this proposal.

Signed______________________________Date___________

Firm Name__________________________________________

REQUEST FOR QUOTATION

We have read the instructions and, if favored with an order, we agree to furnish the items enumerated herein at the prices and under the conditions indicated.

Signed ______________________________________

Firm Name ___________________________________

Telephone number__________________Date________

Fax Number___________________________________

Federal Taxpayer ID ____________________________

Bidder

Must

Sign

In

Two

Places

PLEASE QUOTE FULLY DELIVERED

PRICE

PAYMENT

TERMS

Total Delivered Price

This Quotation is subject to the terms and conditions set forth back on the pages hereof. Bidder is advised to read these before.

Date 09/09/2025

RFQ Number / Bid Due Date

6000003020 / 09/23/2025

Date 09/09/2025

PA280/06-2025

TERMS AND CONDITIONS

1. For the purposes of this Request For Quotations (RFQ), the terms ''Authority,'' ''Port Authority,'' or ''PA'' mean the Port Authority of New York and New Jersey and/or the Port Authority Trans Hudson Corporation (''PATH,'') as applicable.

2. The Port Authority reserves the right to request information relating to seller's responsibility, experience and capability to perform the work.

3. Prices must be quoted in United States Dollars. All figures inserted will be interpreted as being quoted in United States Dollars. Unless otherwise specified, unit prices shall be quoted to two (2) decimal places.

4. Unless otherwise provided, complete shipment of all items must be in one delivery FOB delivery point freight included. Payment will not be made on partial deliveries unless authorized in advance by the PA and any discount, if applicable, will be taken on the total order.

5. Inspection and acceptance will be conducted at the delivery point, unless otherwise provided. Any risk of loss will be the seller's responsibility until such delivery and acceptance is made, unless loss results from negligence of the Authority.

6. PA payment terms are net 30 days. Cash discounts for prompt payment of invoices may be quoted, but will not be considered in determining award. If awarded a PO as a result of this RFQ, the seller shall comply with the Port Authority’s required invoice submission process, including, but not limited to submitting invoices electronically, for acceptance and verification by the authorized Port Authority personnel. Once approved invoices will be processed for payment. If notification is communicated that electronic invoicing is not available, invoices are to be sent electronically to the Contract Administrator.

7. Separate unit and total FOB delivered prices must be shown. In the event of a discrepancy between unit prices and total prices, unit prices will govern.

8. Sales to the PA and to PATH are currently exempt from New York and New Jersey State and local taxes and generally from federal taxation. The seller certifies that there are no federal, state, municipal or any other taxes included in the prices shown hereon.

9. The PA shall have the absolute right to reject any or all quotes or to accept any quote in whole or part and to waive defects in quotes.

10.Unless ''no substitute'' or ''no approved equal'' is indicated, seller may offer alternate manufacturer/brands, which shall be subject to Port Authority approval. Please indicate details of product being offered with its quote.

Brand name or equal descriptions are used as a means to define the performance or other salient characteristics of procurements. In the subject RFQ, even if the phrase ''or approved equal'' is inadvertently omitted, it is implied after any brand name.

11.Acceptance of seller's offer will be only in writing, authorized by the PA. No changes shall be made to any agreement resulting from this RFQ, except in writing, authorized by the PA.

12.If the seller fails to perform in accordance with the terms of this RFQ, or the terms of any agreement resulting from this RFQ, the PA may obtain the goods or services from another contractor and charge the seller the difference in price, if any, a reletting cost of $100, per order included in this RFQ, plus any other damages to the

PA.

13.The PA may cancel this RFQ at any time, when it is in the PA's best interest, via an addendum. The PA may terminate any agreement resulting from this RFQ, in accordance with terms and conditions of that agreement, in which case the successful seller (''Vendor'') shall be paid for items received and accepted, including shipping costs, if applicable, up to the time of termination, unless otherwise provided for in that agreement. The Vendor shall promptly submit its final invoice to the PA to be paid to the Vendor.

14.Upon request, sellers are encouraged to extend the terms and conditions of any agreement resulting from this RFQ with the PA to other government and quasi-government entities by separate agreement.

15.By signing this RFQ, the seller certifies to all relevant statements on Form PA 3764A (copy can be obtained at http://www.panynj.gov/business-opportunities/become-vendor.html), including but not limited to those relating to the submission of bids. As set forth on PA 3764A, the PA has adopted a policy that it will honor a determination by an agency of the State of New York or New Jersey that a seller is not eligible to bid on or be awarded public contracts because the seller has been determined to have engaged in illegal or dishonest conduct or to have violated prevailing wage legislation. The terms and conditions of PA 3764A will apply to any agreement resulting from this RFQ.

16.The Vendor may subcontract the services or use a supplier for the furnishing of materials required hereunder to such persons or entities as the PA, may, from time to time, expressly approve in writing. All further subcontracting shall also be subject to such approval by the PA. All persons to whom the Vendor subcontracts services shall be deemed to be its agents and no subcontracting or approval thereof shall be deemed to release the Vendor from its obligations under any agreement resulting from this RFQ.

17.The Vendor may not assign any subsequent agreement resulting from this RFQ without written consent of the PA.

18.The Vendor shall not issue nor permit to be issued any press release, advertisement, or literature of any kind, which refers to the Port Authority or that goods will be, are being or have been provided to it and/or that services will be, are being or have been performed for it in connection with this RFQ or any subsequent Agreement, unless the vendor first obtains the written approval of the Port Authority. Such approval may be withheld if for any reason the Port Authority believes that the publication of such information would be harmful to the public interest or is in any way undesirable.

19.Notwithstanding anything to the contrary, the seller acknowledges that the Port Authority's obligations, if any, under this RFQ, or any agreement resulting from this RFQ, are subject to the provisions of its Public Records Access Policy, and any amendments thereto, and any disclosure made pursuant thereto is not a violation of this RFQ. The Port Authority Public Records Access Policy can be found at https://www.panynj.gov/corporate/en/public-record-access.html, and is incorporated herein.

20.Neither the Commissioners of the Port Authority, nor Directors of PATH, nor any of them, nor any officer, agent or employee thereof, shall be charged personally by any seller with any liability, or held personally liable to any Contractor under any term or provision of this RFQ (or any agreement resulting from this RFQ), or because of its execution or attempted execution, or because of any breach, or attempted or alleged breach, thereof.

21.MBE/WBE/SDVOB GOOD FAITH PARTICIPATION - The Vendor shall use every good-faith effort to provide for participation by Port Authority Certified Minority Business Enterprises (MBEs), Port Authority Certified Women-owned Business Enterprises (WBEs) and Port Authority certified Service-disabled Veteran-owned Business Enterprises (SDVOBs) in all purchasing and subcontracting opportunities associated with any agreement resulting from this RFQ, including purchase of equipment, supplies and labor services. If this RFQ contains participation goals, the Vendor shall use good faith efforts to achieve the goals.

Good faith efforts to include and facilitate participation by MBE/WBE/SDVOBs shall include, but not be limited to the following:

A. Dividing the services and materials to be procured into smaller portions, where feasible.

B. Giving reasonable advance notice of specific contracting, subcontracting and purchasing opportunities to such MBE/WBE/SDVOBs as may be appropriate.

C. Soliciting services and materials from a Port Authority certified MBE/WBE/SDVOB. To access the Port Authority's Directory of MBE/WBE/SDVOB Port Authority certified firms go to http://www.panynj.gov/business-opportunities/sd-mwsdbe-profile.html.

D. Ensuring that provision is made to provide progress payments to MBE/WBE/SDVOBs as defined in the prompt payment provision below.

E. Observance of reasonable commercial standards of fair dealing in the respective trade or business.

For additional information on good faith efforts, refer to “What Are Good Faith Efforts” at https://www.panynj.gov/port-authority/en/business-opportunities/Vendor-Resources.html.

22.If this solicitation has not been set aside for the purposes of making an award based on bids solicited from Port Authority certified Minority Business, Women Business, Small Business Enterprises or Service-disabled Veteran-owned Business Enterprises as indicated within this RFQ, a price preference of 10% is available for NY/NJ Minority and Women Business Enterprises (M/WBEs), 5% for NY/NJ Small Business Enterprises (SBEs), or 10% for Service-disabled Veteran-owned Business Enterprises (SDVOBs) certified by the Port Authority (PA) by the day before bid opening for awards not exceeding one million dollars ($1,000,000).

23.Non-Discrimination Requirements - The Vendor shall take all necessary and reasonable steps to ensure non-discrimination in the performance and administration of all aspects of any agreement resulting from this

RFQ.

A. Vendor hereby agrees that no person on the ground of race, color, national origin, creed / religion, sex, age, or handicap / disability shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the furnishing of goods or services or in the selection and retention of subcontractors and /or vendors under any agreement resulting from this RFQ. Vendor shall also ascertain and comply with all applicable federal state and local laws, ordinances, rules, regulations and orders that pertain to equal employment opportunity and non-discrimination in employment.

B. Vendor agrees that these ''Non-Discrimination Requirements'' are a binding part of any agreement resulting from this RFQ. Without limiting the generality of any other term or provision of this RFQ or any agreement resulting from this RFQ, in the event the Authority, or a state or federal agency finds that the Vendor or any of its subcontractors or vendors has not complied with these ''Non-Discrimination Requirements,'' the Authority may cancel, terminate or suspend this RFQ or any agreement resulting from this RFQ.

C. Vendor agrees to cooperate fully with the Authority's investigation of allegations of discrimination.

Cooperation includes, but is not limited to, allowing the Authority to question employees during the investigation of allegations of discrimination, and complying with directives that the Authority or the State or Federal government deem essential to ensure compliance with these ''Non-Discrimination Requirements.''

24.To the extent permitted by law, the Vendor shall indemnify and hold harmless the Port Authority, its Commissioners, Directors, agents, servants, officers, representatives and employees from and against all claims and demands, just or unjust, of third persons (including Vendor's agents, servants, officers, representatives and employees) arising out of or in any way connected to or alleged to arise out of or alleged to be in any way connected with any subsequent agreement resulting from this RFQ and all other services and activities of the Vendor under any subsequent agreement resulting from this RFQ and for all expenses incurred by it and by them in the defense, settlement or satisfaction thereof. The Vendor assumes the following risks, whether such risks arise out of or are in any way connected to the Vendor's operations or to its performance of work under any agreement resulting from this RFQ, or arise out of acts or omissions (negligent or not) of the Vendor, the Port Authority or third persons (including agents, servants, officers, representatives, Commissioners, Directors and employees of the Port Authority and the Vendor) or from any other cause, excepting only risks occasioned solely by affirmative willful acts of the Port Authority done subsequent to the opening of bids/quotes on this RFQ, and shall to the extent permitted by law indemnify the Port Authority for all loss or damage incurred in connection with such risks: (a) the risk of any and all loss or damage to Port Authority or Vendor property, equipment, materials and possessions, and those of Vendor's agents, employees, materialmen or others performing work under any agreement resulting from this RFQ, on or off the premises, the loss or damage of which shall arise out of the Vendor's operations under any agreement resulting from this RFQ; and (b) the risk of claims, whether made against the Vendor or the Port Authority, including those, whether just or unjust, of third persons (including agents, servants, officers, representatives, Commissioners, Directors and employees of the Port Authority and the Vendor), for any and all injuries, loss or damages occurring to any property, equipment, materials and possessions of the Contractor's agents, employees, materialmen and others performing work under any agreement resulting from this RFQ.

25.Seller's attention is directed to the Port Authority's "Code of Ethics for Port Authority Vendors" (the "Code").

The Code will be made apart of any agreement resulting from this solicitation. The Code can be found at https://www.panynj.gov/business-opportunities/become-vendor.html.

26.The PA has transitioned to an all electronic method of paying its vendors and contractors via an Automated Clearing House (ACH) funds transfer. The Vendor must complete the Port Authority's ''Authorization Agreement For Direct Deposits And Direct Payments (ACH Credits)'' form, which is available at http://www.panynj.gov/business-opportunities/become-vendor.html, in order to receive payment. To avoid delays in payments for commodities and services provided, vendors and contractors must be enrolled in ACH.

The Authorization Agreement shall remain in full force and effect until the Port Authority has received written notification from the Vendor of its termination in such time and in such manner as to afford the Port Authority and the depository financial institution(s) a reasonable opportunity to act on it. Any questions on this initiative may be directed to the ACH Enrollments contact line at 201 216-6002 or emailed to

ACHENROLLMENT@PANYNJ.GOV.

27.Prospective Bidders are advised that additional vendor information , including but not limited to, forms, documents and other information, including protest procedures, may be found on the Port Authority website at:

http://www.panynj.gov/business-opportunities/become-vendor.html.

28.The Contractor shall provide its personnel, and shall require its subcontractors to provide their personnel, with Personal Protective Equipment (PPE) prior to entering the Facility, and shall replenish PPE periodically as appropriate. PPE is equipment worn to minimize exposure to hazards that may cause serious injuries and illnesses at the workplace. These injuries and illnesses may result from contact with biological, chemical, radiological, physical, electrical, mechanical, or other workplace hazards. PPE may include, but shall not be limited to, items such as face coverings, gloves, safety glasses, shoes, earplugs, muffs, hard hats, respirators, coveralls, vests and full body suits. The Contractor shall require its personnel, and shall require its subcontractors to require its personnel, to utilize such PPE as appropriate to the Facility and Work covered under the Contract or as may be required by the Port Authority. Regardless of the type of Work, face coverings may be required at Port Authority Facilities.

29.Where applicable, the Contractor shall make best efforts to provide sustainable packaging, in furtherance of the Port Authority's sustainability goals, as set forth in the Port Authority's Sustainable Packaging Guidelines, which can be found at https://www.panynj.gov/content/dam/port-authority/pdfs/supplier-diversity/sustainable-packaging-guidelines.pdf.

30.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.

1. Contract for the Rental of Dust Collector and Recycling Machine

A. PART I - CONTRACT DESCRIPTION

• GENERAL AGREEMENT

B. PART II - SPECIFICATIONS

• UNIT SPECIFICATIONS

C. PART III - PRICING SHEET

• ENTRY OF CHARGES/PRICE PAGES

Shopping Cart # 9000022891 DATE SEPTEMBER 2025

PART I - CONTRACT DESCRIPTION

1. GENERAL AGREEMENT

This is a five (5) year Requirements Contract. The Port Authority shall have the option to extend the contract for an additional one hundred and twenty (120) day. The estimated maximum number of Recycling Machines to be rented at any given time is five (5) and four (4) Dust Collectors to be rented at any given time. The Port Authority does not guarantee the actual number of Recycling Machines and/or Dust Collectors that will be required during the term of this contract.

2. DURATION

The initial term of this Contract shall be a Five (5) Year Requirements Contract to commence on or about December 1, 2025. The Port Authority shall have the option to extend this Contract for up to two (2) consecutive additional one (1) year periods. The Port Authority shall also have the option to extend the Contract for an additional one hundred and twenty

(120) day Extension Period. Should the Port Authority elect to exercise the Option Period(s), it shall notify the Vendor in writing at least thirty (30) days prior to the expiration date of the Contract, and, if applicable, the Extension Period thereafter. Pricing shall remain firm during the Options and/or Extension Period(s). The first option shall begin on the day after the anniversary of the two (2) year term and the second option shall begin on the day after the anniversary of the first option. Termination of this Contract shall be in accordance with the terms set forth in this agreement.

3. DELIVERY OF RENTAL UNITS

The Vendor shall provide delivery of the requested rental equipment within forty-eight (48) hours from telephone or email notification to the Vendor by the Contract Administrator or authorized Port Authority personnel. Unless otherwise specified at the time of order, all equipment shall be delivered to a designated Port Authority location (See the page with Port Authority Facility locations and addresses at the end of the Contract). Failure to deliver the ordered equipment within forty-eight (48) hours from notification may be considered a breach of this Contract and the Vendor may be held liable for all costs associated with procuring an equivalent replacement piece of equipment from another Vendor. The Port Authority may also liquidate damages at fifty dollars ($50.00) per day from the total amount due on the next invoicing until the equipment is delivered.

Delivery of all units shall be “on the ground” with the unit fully assembled, serviced, fueled and ready for operation. The Port Authority will not, under any circumstances, provide staff or equipment to assist in loading, unloading or assembly of the rental unit.

4. REMOVAL OF RENTAL UNITS

The Vendor shall be responsible for the removal of each rental unit at the end of the rental period within forty-eight (48) hours from notification by authorized Port Authority personnel.

Notification shall be via telephone, email or fax to the Vendor. The Port Authority shall have the right to deduct storage fees of fifty dollars ($50.00) per day from the total amount due on the next invoicing for any equipment left after this forty-eight (48) hour period. If the Vendor replaced a vehicle, vehicle part, or equipment, then the Vendor must notify the Contract Administrator, in writing within forty-eight (48) hours.

5. ACCEPTANCE AND RETURN

The Port Authority reserves the right to reject a unit that does not meet the specifications listed under Part II, Specifications, or is deemed unsafe by the Port Authority. If the Port Authority does not accept delivery of a unit for any of the above referenced reasons, the Vendor shall be responsible for the removal of the unit, including any costs associated with the delivery and pickup of the rejected unit. The Vendor shall then replace the rejected unit with a unit meeting the specifications and safety requirements set forth by the Port Authority as delineated in Part I, Section 14 – SAFETY and Part II, Specifications. The replacement unit shall be delivered to the Port Authority within 24 hours of the first delivery. The Vendor shall notify the Contract Administrator, by phone call or e-mail of any and all rental units that are returned. If the Vendor cannot provide a unit in the time specified, the Port Authority reserves the right to seek an alternate source of supply. The Port Authority also reserves the right to assess damages as follows: The Vendor may be held liable for all costs associated with procuring an equivalent replacement rental unit from another Vendor, and the Port Authority may also liquidate damages at $50.00 per day until the requested equipment is delivered to the Port Authority.

The Vendor shall provide a comprehensive check-list/acceptance sheet for the rental unit at the time of delivery. The Vendor and the Contract Administrator or Facility Representative upon inspection of the unit, shall sign off on the condition of the unit at the time and date of delivery, listing all damage or missing items from the unit. A Contract Administrator or Facility Representative may take pictures of the unit at delivery and/or pickup times. The Vendor must record all of the information below from the Contract Administrator or Facility Representative who accepts the rental unit: name, employee number, signature, date, time, and location of the delivery. The Vendor shall also supply the authorized Contract Administrator or Facility Representative with the following information, the serial number, property number, or other discrete identifying aspects of the rental unit delivered. A copy of this delivery acceptance sheet shall be provided to the Contract Administrator or Facility Representative immediately.

The Vendor shall provide a copy of the same checklist/acceptance sheet at the time the unit is picked up by the Vendor. The Vendor’s representative and the Contract Administrator or Facility Representative shall sign for the condition of the unit at time of return. A copy of this pick-up acceptance sheet shall be provided to the Contract Administrator or Facility Representative immediately.

Failure to provide a copy of the checklist/acceptance sheet to a Contract Administrator or Facility Representative will make null and void any claims by the Vendor for damage to the rental unit. Also, claims for damaged or missing item(s) not indicated on the signed checklist/acceptance sheets clearly indicating the damage or missing item(s) at the time of pick up will not be considered.

The Vendor may use standard printed comprehensive checklist/acceptance sheets, however, the language contained in this Contract supersedes any terms, conditions, or other statements or language printed on the Vendors form.

6. DISCLAIMER

Estimated usage, quantities and/or duration of rentals are for bid evaluation purposes only and do not guarantee what quantity, if any, may be rented from the Vendor.

7. FUELING

The vehicle must be supplied with a full tank of fuel upon delivery. The Port Authority will not guarantee nor be responsible or charged for any fuel on rental units returned to the Vendor with low fuel levels.

8. LICENSE PLATES

All units must be delivered with valid License Plates for use on public roads if necessary as deemed by the State of New York or New Jersey. The Port Authority will not accept units with “In Transit” License Plates.

9. TRANSMISSIONS

All units shall be equipped with fully Automatic Transmissions. The Port Authority will not accept standard shift transmissions.

10. TERMINATION

The Port Authority reserves the right to cancel this Contract without cause, at no cost or penalty to the Port Authority, upon written notice to the Vendor. In the event of such a cancellation, written notice will be provided to the Vendor ten (10) days prior to the effective date of the cancellation of such Contract.

11. PAYMENT

The Vendor shall be paid only for rentals properly authorized and actually delivered and thereafter accepted by the Manager, or his authorized representative, in accordance with the terms and conditions set forth in this specification.

The Port Authority's standard terms of payment are net thirty (30) days upon completion of the rental month and the receiving of a currently dated invoice. Port Authority shall review any invoice bearing dates other than the current month to determine if charges are substantiated. If for any reason these invoices cannot be substantiated, the invoice will be returned unpaid to the Vendor.

Invoices will be reviewed by Port Authority personnel to verify that the charges conform to the rates quoted by the Vendor herein.

ALL invoices MUST include ALL of the following information for each piece of equipment rented to the Port Authority:

• Make, model number and year of manufacture of the rented unit.

• Serial or VIN number, as well as license plate numbers for all rental units with license plates, of the rented unit.

• Automotive Request Number (RQ#). RQ#’s are provided to the Vendor at the time the rental order is placed along with the first name, last name and the phone number of the Port Authority Representative who requested the unit. Invoices that do not reference an RQ# will be returned to the Vendor unpaid.

• Port Authority Purchase Order number.

• Rental charge period. Start and end date of each rental month.

• Copies of both of the signed delivery and pickup comprehensive check-list/acceptance-sheets with the first invoice for newly rented equipment and last invoice for the returned rented equipment respectively.

• Detailed information on any charges for damage, or missing parts. For damage, the Port Authority requires a written estimate from an independent estimator. (Note: All damage claims must be submitted with the last rental invoice. Claims made after the rental invoice has been submitted to and paid for by the Port Authority will not be honored.)

The Vendor shall send all invoices and any correspondence regarding rentals to:

Port Authority of NY & NJ Central Automotive Division 241 Erie Street, Room 307 Jersey City, NJ 07310-1397 Attention: Contract Administrator-Rentals

12. AUDIT

For the duration of this agreement and for a period of two (2) years thereafter, the Vendor shall maintain such records as may be required by the Port Authority to substantiate the prices charged the Port Authority under this agreement. The Port Authority shall have the right to audit such records for the purpose of ascertaining whether the Port Authority has paid to the Vendor prices in excess of those to be specified herein. If an audit discloses that the Authority has paid to the Vendor prices in excess of those to be charged as specified herein, the Vendor shall refund to the Port Authority the excess charges and/or the Port Authority may withhold out of any payment otherwise due the Vendor the amount of such overcharge.

13. SAFETY

The units shall comply with all current, applicable Department of Transportation, Federal Motor Vehicle Safety Standards, Federal, New York and New Jersey State and Local requirements, as well as Occupational Safety and Health Administration (OSHA) Safety Standards for Equipment. The delivered units shall be in a safe operating condition as determined by the Port Authority Engineer or an assigned designee. A safety and operational checklist must be incorporated into the Vendor’s acceptance and delivery form.

14. TRAINING

The Vendor shall provide safety and operational training for each rental unit at no additional cost to the Port Authority. This training shall be performed at the time of delivery and shall be adequate to ensure the operator is capable of and comfortable with operating the unit. Training will include information that will alert and familiarize the operator with the capabilities and limitations of the unit. The Vendor shall provide a receiving sheet with a space for the name and signature of the employee trained.

15. REPAIRS

The Vendor shall be responsible for all routine maintenance and repairs needed on rented equipment without additional charges of such to the Port Authority, including when the need of a repair arises despite the Port Authority’s proper use of the unit and is not due to an accident, intentional willful act or abuse. The Vendor shall perform all repairs within twenty-four (24) hours of telephone notification by Port Authority personnel. If repairs cannot be made within this time period, the Vendor will supply an equal replacement within this time. If repair or replacement is not made within twenty-four (24) hours, the Port Authority may liquidate damages at twice the daily rental rate from the Contract compensation until the time repair or replacement is made. In the event any unit is rented for more than thirty (30) continuous days, the Port Authority retains the right to perform minor repairs and routine maintenance at its own discretion. The Port Authority is not responsible for “normal” wear and tear of equipment/vehicles.

16. RECOVERY DUE TO A LOSS

Net Asset Value is the “fair market value” of the rental equipment listed on the Part III, Pricing Pages, and shall not be more than the original cost of the rental equipment listed on the Pricing Pages, less any applicable depreciation. The Vendor shall insert on the Pricing Pages the Net Asset Value of the rental vehicles. The Net Asset Value is the price that the Vendor could seek from the Port Authority should the rental equipment be stolen or totaled during the term of the rental. The depreciation shall be calculated by taking 1/10th of the original Net Asset Value off for each calendar year from the date of vehicle manufacture. When the vehicle has reached an age of ten years or more the depreciation shall remain at 1/10th of the original Net Asset Value of the vehicle. In the event of a loss, the Port Authority may settle such loss by paying the imputed Net Asset Value of said vehicle, at the time of the loss.

If the Port Authority settles such loss by payment to the Vendor for the loss, the Vendor will sign the title of the said vehicle over to the Port Authority and the Vendor will then waive its right to any further claims for this loss against the Port Authority and the Vendors insurance company.

If at any time the Port Authority does not agree to the listed Net Asset Value that the Vendor has indicated on the Pricing Pages, the Port Authority may, at its option, retain a mutually agreeable equipment appraiser to perform an appraisal in order to determine the Net Asset Value. The Port Authority and Vendor agree to accept the findings of the appraisal, as the Net Asset Value.

17. MAXIMUM RENTAL CHARGES OVER THE CONTRACT PERIOD

The maximum monies paid by the Port Authority for any single continuous rental during the Contract Period, including extension option periods, shall not exceed the Net Asset Value of the rental vehicle plus Vendor’s profit and overhead. The Net Asset Value shall not exceed, in any case, the Manufacturer’s Suggested Retail Price (MSRP) of a current model (i.e. most recent vintage) vehicle that is the same make and model as the vehicle rented to the Port Authority. The current Maximum Asset Recovery amount will be calculated by taking the numbers that the Vendor has supplied on Part III-Pricing Pages, from the Declared Unit Value (Net Asset Value) entry and Maximum Asset Recovery percentage entry, then multiplying the two numbers together. The result of this calculation will then be added to the original Declared Unit (Net Asset Value) value, yielding the maximum amount of money the Port Authority will pay for the same rental vehicle during the Contract Period. The Vendor shall enter the Maximum Asset Recovery percentage in the space provided on the Part III- Pricing Pages. The range of the Maximum Asset Recovery shall be 0% to 35%. The maximum percentage to be recovered for profit and overhead shall be no more than 35%. The Declared Unit Value (Net Asset Value) listed on Part III, the pricing page will be reduced by 10% in value from the original Net Asset Value for each additional year old the vehicle becomes that is on rent to the Port Authority. A vehicle provided by the Vendor shall not go below 1/10th of the value of the original Declared Unit Value (Net Asset Value) listed for a vehicle that is more than Ten (10) years old. For purposes of calculating payments owed by the Port Authority to the Vendor in the event of a loss, depreciation percentages shall not apply to maximum rental charges.

Example: It is the year 2012 the Vendor lists a 2010 Case 590 Backhoe as the vehicle they are going to supply to the Port Authority for rental. The Vendor declares the net asset value of this vehicle as $55,000.00. The Vendor then supplies the 2010 Case 590 Backhoe to the Port Authority in the year 2012, the vehicles net asset value of $55,000.00 will be reduced by 10 percent of the original net asset value per year old. This vehicle’s imputed Net Asset Value is $46,000.00.

When a rental cost to the Port Authority for an individual vehicle reaches the maximum amount to be recovered by the Vendor, no further rental payments will be paid by the Port Authority, other than for repairs due to damaged and/or missing items, and the Port Authority shall have the option of buying the rental vehicle for one dollar upon written notice to the Vendor. The Port Authority may have the option to purchase any rental unit that reaches the maximum amount to be recovered by the Vendor for one dollar and upon written notice to the Vendor.

Accordingly, the Vendor shall provide a list of any vehicles that were used under previous Contracts that the Vendor intends to use in the current Contract. There shall be one Part III, Pricing Page for each rental unit that is delivered to, and accepted by, the Port Authority that has a different year/make/model. For example, if there are two “Category I: Backhoe Loaders with One Cubic Yard or Clamshell Buckets,” (Category I) used in the Contract, then the Vendor shall have two (2) separate Category I Part III, Pricing Pages if the backhoe loaders are of a different year/make/model.

If the Port Authority has chosen to purchase the vehicle for one dollar, the Vendor will provide the Port Authority with clear title without encumbrances to the vehicle at no additional charge within 30 days of receipt of payment.

Titles shall be sent to: The Port Authority of NY & NJ

241 Erie St., Room 307 Jersey City, NJ 07310 Attention: Contract Administrator – Rentals

18. VEHICLE PURCHASE OPTION

At any time during the Contract period, including extension periods, if any, prior to the Port Authority reaching the maximum amount of the rental costs to be recovered as stated in Part III, Pricing Pages, by the Vendor, the Port Authority may elect to purchase the rented equipment provided that the Port Authority has rented this vehicle for six continuous months and upon giving thirty days’ written notice to the Vendor. The purchase price given to the Port Authority shall be the maximum amount to be recovered by the Vendor minus all rental payments made including the prorated rate for the final rental installment that the Port Authority would owe at the end of the thirty-day notice period. owing by the Port Authority at the expiration of the thirty-day notice period, the final rental installment to be prorated to the expiration of the thirty-day notice period. Payment shall be made within seven (7) working days of the expiration of the notice period. The Vendor shall provide the Port Authority with a clear title to the vehicle at no additional charge within 30 days of receipt of payment. For purposes of calculating payments owed by the Port Authority to the Vendor in the event of a loss, depreciation percentages shall not apply to maximum rental charges.

The Vendor shall not exchange any vehicle being used by the Port Authority, without prior consent from the Port authority to exchange said vehicle. If, however, the Rental Coordinator does grant a Vendor request to exchange a vehicle, then the vehicle that the Port Authority receives shall be one that is at least the same make, model and year as the vehicle that was changed out. Vehicle change outs may be done if there are issues with the rental vehicle, such that the vehicle requires repair and the repair is not within the scope of this Contract or the Port Authority’s ability to repair the vehicle.

Titles will be sent to: The Port Authority of NY & NJ

241 Erie St., Room 307 Jersey City, NJ 07310 Attention: Contract Administrator - Rentals

19. RENTAL TERMS, RATES AND DEFINITIONS

The Rental Period - The rental period will begin on the date the rental unit is delivered to the designated facility and is accepted as a working unit. The period will end on the date when the rental unit is called off rent. The vendor will provide a confirmation number at the time the rental is called off rent.

Rental Month - A Rental Month shall equal one-twelfth (1/12) of a calendar year (e.g. 6/1/23 to 6/30/23, 7/15/23 to 8/14/23)

Monthly Rate – The Monthly Rate is the charge for renting the unit for one Rental Month.

Daily Rate – The Daily Rate shall equal one-thirtieth (1/30) of the monthly rate. Rentals that are less than a Rental Month shall be billed on a pro rata basis at 1/30 of the monthly rate for each calendar day.

Vehicle Purchase Option – The Option to purchase the rental vehicle at any time during the Contract period if the Port Authority chooses to do so.

Maximum Rental Charges Over the Contract Period – The maximum amount the Port Authority will pay for a rental as listed by the Vendor in Part III, Pricing Pages due to a loss or if the Port Authority chooses to purchase the vehicle. (This amount shall be reduced by all of the rental amounts paid and owed by the Port Authority. The Vendor shall provide a clear title for the vehicle to the Port Authority at no additional charge within 30 days of receipt of the payment.)

Delivery and Pick up Charges - The amount charged to deliver and pick up the unit at the beginning and the end of the rental respectively. The Delivery Charge shall be included on the first invoice for the delivered unit. The Pick-up Charge shall be included on the last invoice for the picked-up unit.

The above terms and definitions shall apply to all the rentals under this agreement. Rates submitted on the attached bid evaluation calculation sheets shall be the rental rates under the terms of the agreement upon award.

20. INDEMNIFICATION

To the extent permitted by law, the Contractor shall indemnify and hold harmless the Port Authority, its Commissioners, Directors, agents, servants, officers, representatives and employees from and against all claims and demands, just or unjust, of third persons (including Contractor’s agents, servants, officers, representatives and employees) arising out of or in any way connected to or alleged to arise out of or alleged to be in any way connected with the Contract and all other services and activities of the Contractor under this Contract and for all expenses incurred by it and by them in the defense, settlement or satisfaction thereof, including without limitation thereto, claims and demands for death, for personal injury or for property damage, direct or consequential, whether they arise out of or are in any way connected to the Contractor’s operations or to its performance of work under this Contract, or arise out of the acts, omissions or negligence of the Contractor, the Port Authority, its Commissioners, Directors, agents, servants, officers, representatives or employees, third persons (including Contractor’s agents, servants, officers, representatives and employees), or from the acts of God or the public enemy, or otherwise, including claims and demands of any local jurisdiction against the Port Authority in connection with this Contract.

The Contractor assumes the following risks, whether such risks arise out of or are in any way connected to the Contractor’s operations or to its performance of work under this Contract, or arise out of acts or omissions (negligent or not) of the Contractor, the Port Authority or third persons (including agents, servants, officers, representatives, Commissioners, Directors and employees of the Port Authority and the Contractor) or from any other cause, excepting only risks occasioned solely by affirmative willful acts of the Port Authority done subsequent to the opening of proposals on this Contract, and shall to the extent permitted by law indemnify the Port Authority for all loss or damage incurred in connection with such risks:

A. The risk of any and all loss or damage to Port Authority property, equipment (including but not limited to automotive and/or mobile equipment and component parts), materials and possessions, on or off the premises, the loss or damage of which shall arise out of the Contractor's operations hereunder. The Contractor shall if so directed by the Port Authority, repair, replace or rebuild to the satisfaction of the Port Authority, any and all parts of the premises or the Facility which may be damaged or destroyed by the acts or omissions (negligent or not) of the Contractor, its officers, agents, or employees and if the Contractor shall fail so to repair, replace, or rebuild with due diligence the Port Authority may, at its option, perform any of the foregoing work and the Contractor shall pay to the Port Authority the cost thereof.

B. The risk of any and all loss or damage of the Contractor's property, equipment (including but not limited to automotive and/or mobile equipment, and component parts) materials and possessions on the Facility.

C. The risk of claims, whether made against the Contractor or the Port Authority, for any and all loss or damages occurring to any property, equipment (including but not limited to automotive and/or mobile equipment and component parts), materials and possessions of the Contractor's agents, employees, materialmen and others performing work hereunder.

D. The risk of claims for injuries, damage or loss of any kind whether just or unjust of third persons (including agents, servants, officers, representatives, Commissioners, Directors and employees of the Port Authority and the Contractor) arising or alleged to arise out of or in connection with the Contractor’s operations or its performance of work hereunder, whether such claims are made against the Contractor or the Port Authority.

If so directed, the Contractor shall at its own expense defend any suit based upon any such claim or demand, even if such suit, claim or demand is groundless, false or fraudulent, and in handling such shall not, without obtaining express…