sjta Bid Purch_ Del _ Setup EOC Video Wall _ AV Equip.daafinal7.20.26.pdf

REQUEST FOR BIDS

SOUTH JERSEY TRANSPORTATION AUTHORITY

THE ATLANTIC CITY INTERNATIONAL AIRPORT

PURCHASE, DELIVERY AND SET-UP OF

EMERGENCY OPERATIONS CENTER VIDEO WALL

AND AUDIO-VISUAL EQUIPMENT

ELECTRONIC BIDS DUE:

Wednesday, August 19, 2026, at 1:00 P.M.

through the Bid Express Electronic Bidding Portal

Phone: 609-965-6060 Fax: 609-965-7315 bids@sjta.com mailto:bids@sjta.com

SOUTH JERSEY TRANSPORTATION AUTHORITY

NOTICE TO BIDDERS

NOTICE is hereby given that sealed bids will be received by the South Jersey Transportation Authority for:

THE ATLANTIC CITY INTERNATIONAL AIRPORT

PURCHASE, DELIVERY AND ASSEMBLY/SETUP OF EMERGENCY OPERATIONS CENTER

VIDEO WALL AND AUDIO-VISUAL EQUIPMENT

Bid Documents will be made available through Bid Express on Wednesday, July 29, 2026, after 1:00 p.m. Electronic bids will be opened and read aloud on Wednesday, August 19, 2026 at 1:00 P.M..**.

via GoTo at https://meet.goto.com/801372021. Bidders can also dial into the meeting by phone at +1

(872) 240-3412, Access Code: 801-372-021.

**Important Note: The South Jersey Transportation Authority will only accept electronic bid submissions through the Bid Express electronic bidding portal. If you are not already registered for electronic submissions, please visit https://www.bidexpress.com in order to bid with the Authority. To subscribe, follow the directions on the website. The fee schedule is available, and all fees are payable to Bid Express.

Any emailed, mailed or physical bids delivered to the Authority will not be accepted and/or will be returned to the bidder unopened.

A Bid Security in the amount of five percent (5%) of the total bid is required to accompany all bid submissions. The Authority, in accordance with law, reserves the right to reject any or all bids either in whole or in part and also to waive any informality in any bid or bids so received.

All procurement opportunities can be accessed from the Authority’s website at www.sjta.com, under “Business” and then “Current Solicitations”.

The Authority, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

Bidders are required to comply with the requirements of N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27 Mandatory Equal Employment Opportunity Regulations.

By order of the Airport Director https://meet.goto.com/801372021 https://www.bidexpress.com/ http://www.sjta.com/

INSTRUCTIONS TO BIDDERS

1. Bids submitted for the PURCHASE, DELIVERY AND SET-UP OF EMERGENCY OPERATIONS CENTER VIDEO WALL AND AUDIO-VISUAL EQUIPMENT for the South Jersey Transportation Authority (hereinafter referred to as the “Authority”), shall be completed and executed by the bidder and shall be electronically submitted through Bid Express only.

2. UNIT PRICES AND EXTENSIONS: Where applicable, bidders shall state on such form a unit price for each item bid, and such unit prices shall be extended, and extensions added to produce a total bid price. For the purpose of the comparison of bids received, they are re-tabulated by the Authority. The total re-tabulated by the Authority will prevail.

3. BID DISCREPANCIES: When evaluating bids, the following shall apply:

• Discrepancies between words and figures will be resolved in favor of words.

• Discrepancies between unit prices and totals of unit prices will be resolved in favor of the unit prices.

• Discrepancies in the multiplication of units of work and unit prices will be resolved in the favor of the unit prices.

• Discrepancies between the indicated total of multiplied unit prices and units of work and the actual total will be resolved in favor of the actual total.

• Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the corrected sum of the column of figures.

• Discrepancy where a unit price is bid for a Pay Item, but no extension is provided, the

Authority will provide the extension based on the unit price bid and the estimated quantity for that Pay Item.

• Discrepancy where an extension is provided by the Bidder in the "Item Total" column, but no unit price appears in the "Unit Price" column of the Proposal Form, the Authority will provide the unit price by dividing the "Item Total" figure provided by the Bidder by the estimated proposal with this understanding.

• Any references to brand names are for comparison only.

4. DELIVERY AND DEFECTIVE MATERIALS: Bidders must insert prices for furnishing all of the materials and/or labor required by these specifications. Prices shall be net including any charges for packing, crating, or containers, etc. All transportation shall be fully prepaid by the contractor F.O.B.

destination and placement at locations specified by the Authority. As specified, placement may require inside deliveries.

No additional charges will be allowed for any transportation costs resulting from partial shipments made at the contractor’s convenience.

The vendor shall guarantee any or all materials supplied under these specifications. Defective or inferior items shall be replaced at the expense of the vendor. In case of rejected materials, the vendor will be responsible for return freight charges.

5. BID SECURITY OR GUARANTEE: Each bid submitted must be accompanied by a bid security or guarantee in the form of a bid bond, certified check, or cashier’s check in the amount of five percent (5%) of the total bid payable to the Authority is required to accompany all bid submissions. Any certified checks or cashier’s checks, except those of the three (3) lowest responsible submitted bids, shall be returned to bidders as soon as possible upon award of the contract.

6. GENERAL INSURANCE REQUIREMENTS

The insurance requirements outlined in the following section are the minimum requirements for the scope of services related to this procurement. Inquiries regarding the insurance requirements, including questions related to the necessity of outlined coverages, must be presented during the questions period of this procurement. Response will be provided via an Addendum.

Insurance Conditions

1. Prior to the commencement of any work or services and until completion / final acceptance of the work as described in the Scope of Services in this Contract, the Contractor/Vendor will provide and maintain the following minimum levels of insurance at Contractor’s/Vendor’s own expense. The cost of the required insurance shall be included in the Contractor’s/Vendor’s bid price and no adjustment shall be made to the contract price on account of such costs unless such approval is provided. The term Contractor/Vendor shall include “Professional Service Contractors” as well as Subcontractors and Sub-Subcontractors of every tier.

Contractor/Vendor shall furnish Certificates of Insurance evidencing and reflecting the effective date of coverage as outlined below. The Services, or Work, shall not commence until the Contractor/Vendor has obtained, at their own expense, all of the insurance as required hereunder and such insurance has been approved by the South Jersey Transportation Authority (the “Authority”). Approval of insurance required of the Contractor/Vendor will be granted only after submission to the Authority of original certificates of insurance signed by the representatives of the insurers or, at the Authority’s request, certified copies of the required insurance policies. If found to be non-compliant at any point during the Contract Term, the Authority may purchase the required insurance coverage(s) and the cost will be borne by the Contractor/Vendor through direct payment/reimbursement to the Authority or the Authority may withhold payment to the Contractor/Vendor for amounts owed to them. The required insurance shall not contain any exclusions or endorsements which are not acceptable to the Authority.

Failure of the Authority to demand such certificate or other evidence of full compliance with these insurance requirements or failure of the Authority to identify a deficiency from evidence that is provided shall not be construed as a waiver of Contractor’s/Vendor’s obligation to maintain such insurance. At all times relevant to the Contract Term, the Contractor/Vendor shall be responsible for providing the certificate to the Authority and for ensuring the certificate is fully compliant with the requirements herein. Contractor/Vendor shall indemnify the Authority for any such penalties, suits, claims, damages, demands, losses, and expenses assessed to the Authority arising out of the Contractor’s/Vendor’s failure to obtain and maintain the proper insurance requirements, as defined herein. With respect to insurance maintained after final payment in compliance with a requirement below, an additional certificate(s) evidencing such coverage shall be provided to the Authority with final application for payment and thereafter upon renewal or replacement of such insurance until the expiration of the time period for which such insurance must be maintained.

2. The Contractor/Vendor shall require all subcontractors to maintain during the term of the

Contract Insurance of the type and in the minimum amounts as described below and required of the Contractor/Vendor. Any obligations imposed upon the Contractor/Vendor as part of this contract shall be so imposed upon any and all subcontractors as well.

3. All insurance required herein, with the exception of the Professional Liability Insurance, shall be written on an “occurrence” basis and not a “claims-made” basis. For Professional Liability “claims-made” coverage:

1. The retroactive date must be on or prior to the start of work under this contract; and

2. The Contractor/Vendor must purchase “tail coverage/an extended reporting period” or maintain coverage for a period of two (2) years subsequent to the completion of their work / final payment.

4. The South Jersey Transportation Authority, its commissioners, agents, servants, employees and representatives shall be named as additional insured on the Contractor’s/Vendor’s liability insurance program (except Workers Compensation and Professional Liability policies) for ongoing operations and completed operations on a primary noncontributory basis. Coverage to include ongoing and completed operations using ISO Endorsements CG 2010 and CG 2037, or their equivalents. Each of the Additional Insured’s respective members, employees, agents and representatives shall also be afforded coverage as an Additional Insured. Coverage should be provided for a period of two years subsequent to the completion of work/final payment. The Authority reserves the right to require the Contractor/Vendor to name other parties as additional insureds as required by the Authority. There shall be no “Insured versus Insured Exclusion” on any policies; all policies will provide for “cross liability coverage”.

5. All insurance policies required hereunder shall be endorsed to provide that the policy is not subject to cancellation, non-renewal, or material reduction in coverage until thirty (30) days prior written notice has been given to the Authority. In the event of cancellation or non-renewal of coverage(s), it is the Contractor’s/Vendor’s responsibility to replace coverage to comply with the Contract requirements so there is no lapse of coverage for any time period. In the event the insurance carriers will not issue or endorse their policy(ies) to comply with the above it is the responsibility of the Contractor/Vendor to report any notice of cancellation or non-renewal at least thirty (30) days prior to the effective date of this notice.

6. No acceptance and/or approval of any insurance by the Authority shall be construed as relieving or excusing the Contractor/Vendor or the Contractor’s/Vendor’s Surety, if applicable, from any liability or obligation imposed upon either or both of them by provisions of this Contract.

7. Any deductibles or self-insured retention’s (SIR) of $10,000 or greater shall be disclosed by the

Contractor/Vendor and are subject to the Authority’s written approval. Any deductible or retention amounts elected by the Contractor/Vendor or imposed by the Contractor’s/Vendor’s insurer(s) shall be the sole responsibility of the Contractor/Vendor. In the event any policy includes an SIR, the Contractor/Vendor is responsible for payment within the SIR of their policy(ies) and the Additional Insured requirements specified herein shall be offered within the SIR amount(s).

8. All insurance companies shall have an AM Best’s rating of at least “A-, Class VIII” or better and be permitted to do business in the State of New Jersey.

9. There shall be no liability upon the Authority, public officials, its employees, its authorized representatives, or agents either personally or as officials of the Authority in carrying out any of the provisions of the Contract nor in exercising any power or authority granted to them by or within the scope of the Contract, it being understood that in all such matters they act solely as agents and representatives of the Authority.

10. Waiver of Rights of Recovery and Waiver of Rights of Subrogation:

1. The Contractor/Vendor waives all rights of recovery against the Authority and all the additional insured’s for loss or damage covered by any of the insurance maintained by the Contractor/Vendor.

2. If any of the policies of insurance required under this contract require an endorsement to provide for the waiver of subrogation, then the named insured of such policies will cause them to be so endorsed.

11. Any type of insurance or any increase in limits of liability not described above which the

Contractor/Vendor requires for its own protection or on account of statute shall be its own responsibility and at its own expense.

12. The amount of insurance provided in the aforementioned insurance coverages, shall not be construed to be a limitation of the liability on the part of the Contractor/Vendor.

13. Contractor/Vendor shall promptly notify the Authority and the appropriate insurance company(ies) in writing of any accident(s) as well as any claim, suit or process received by the insured Contractor/Vendor arising in the course of operations under the Contract. The Contractor/Vendor shall forward such documents received to his/her insurance company(ies), as soon as practicable, or as required by his/her insurance policy(ies).

14. If working at the Airport, no Aviation or Aircraft related exclusions are permitted on any of the

Contractor’s/Vendor’s insurance policies.

REQUIRED COVERAGE: the following may be provided through a combination of primary and excess policies in order to meet the minimum limits set forth below:

Insurance

1. Commercial General Liability insurance for bodily injury, personal injury, and property damage including loss of use, etc. with minimum limits of:

• $1,000,000 each occurrence;

• $1,000,000 personal and advertising injury;

• $2,000,000 general aggregate; and

• $2,000,000 products/completed operation aggregate.

This insurance shall include coverage for all of the following

• Coverage is to be provided on ISO CG 00 01 12 07 or an equivalent form (“Occurrence Form”) including Premises/Operations, Independent Contractors, Products/Completed Operations, Broad Form Property Damage, Contractual Liability, and Personal Injury and Advertising Injury;

• General aggregate limit applying on a per policy basis;

• Products/Completed Operations Coverage must be maintained for a period of at least two

(2) years after final payment (including coverage for the Additional Insureds as set forth in these Insurance Requirements);

• Coverage for “Resulting Damage”;

• No sexual abuse or molestation exclusion;

• No amendment to the definition of an “Insured Contract”.

2. Business Auto Liability insurance with a minimum combined single limit of $1,000,000 per accident and including, but not limited to, coverage for all of the following:

• Liability arising out of the ownership, maintenance or use of any auto;

• Auto non-ownership and hired car coverage

• Contractual Liability Coverage (including Liability for Employee Injury assumed under a

Contract as provided in the standard ISO policy form)

• For Contractors/Vendors involved in the transportation of hazardous material, include the following endorsements: MCS-90 and ISO-9948

3. Workers’ Compensation insurance with statutory benefits as required by any state or federal law, including standard “other states” coverage, and employer’s liability insurance with minimum limits of:

• $1,000,000 each accident for bodily injury by accident;

• $1,000,000 each employee for bodily injury by disease; and

• $1,000,000 policy limit for bodily injury by disease.

This insurance shall include coverage for all of the following:

• United States Longshore & Harbor Workers Act Coverage, where applicable.

• Sole Proprietorships and Officers of a Corporation who will be performing the work.

• Where applicable, if the Contractor/Vendor is lending or leasing its employees to the

Authority for the work under this contract (e.g. crane rental with operator), it is the Contractor’s/Vendor’s responsibility to provide the Workers Compensation and Employer’s Liability coverage and to have their policy endorsed with the proper Alternate Employer Endorsement.

4. Umbrella Liability or Excess Liability insurance with minimum limits of:

• $5,000,000 per occurrence;

• $5,000,000 aggregate for other than products/completed operations and auto liability; and

• $5,000,000 products/completed operations aggregate.

Policy to apply on a Following Form basis of the Commercial General Liability, Commercial Automobile Liability and Employers Liability Coverage.

5. Privacy Liability / Cyber

• Third party liability arising out of breach of privacy, inclusive of confidential and proprietary business information, HIPAA violations and other breaches of personally identifiable information and/or protected health information, that may arise from their work with this contract.

• Minimum Limits of Liability: $3,000,000 Per Claim / $3,000,000 Aggregate

• May be included in the Professional Liability

6. Professional Liability / Technology Errors & Omissions

• Professional Liability and/or Malpractice Insurance

• Minimum Limits of Liability: $2,000,000 Per Claim / $2,000,000 Aggregate with retroactive date prior to the start of work

7. Property Coverage

• Contractors shall provide coverage for damage to their work, materials to be part of the project (on-site and off-site), and in transit.

• Property in transit to cover value of vehicle/equipment.

INDEMNIFICATION

To the extent that state and/or federal laws limit the terms and conditions of this clause, it shall be deemed so limited to comply with such state and/or federal law. This clause shall survive termination of this contract. The Contractor/Vendor shall protect, defend, indemnify and hold harmless the

Authority, its commissioners, agents, servants, employees, and representatives (the “Indemnified Parties”) from and against all liability, (including liability for violation of any law or any common law duty), suits, claims, damages, demands losses, and expenses including attorneys’ fees, arising in connection with, out of, or resulting from the performance of the work contemplated in this Agreement, including any negligent act, error, or omission by the Contractor/Vendor, its agents, servants, employees, or subcontractors provided that any such liability, suit, claim, damage, demand, loss or expense (i) is attributable to bodily injury, sickness, disease, or death, or to any statutory or regulatory rule designed to protect against such conditions, or to injury to or destruction of tangible property (other than the work itself), and including the loss of the use resulting there from, and (ii) is caused by or results from, in whole or in part, any act or omission of the Contractor/Vendor, or any Subcontractor, or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is also caused by or results from any act or omission of any party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights, obligations or indemnity which would otherwise exist as to a party or person described in this Indemnification. If any judgment shall be rendered against the Authority for which indemnification is provided under this Section, the Contractor/Vendor shall at its own expense satisfy and discharge the same.

In any and all claims against the Indemnified Parties by an employee of the Contractor/Vendor, or Subcontractor, or anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for any Contractor/Vendor, or Subcontractor under Workmen’s Compensation Acts, Disability Benefits Acts, or other Employee Benefit Act.

It is expressly agreed and understood that any approval by the Authority of the services performed and/or reports, plans or specifications provided by the Contractor/Vendor shall not operate to limit the obligations of the Contractor/Vendor assumed in this Article or in the other provisions of this Agreement.

It is further understood and agreed that the Authority assumes no obligation to indemnify or save harmless the Contractor/Vendor, its agents, servants, employees and subcontractors from and against any claim which may arise out of their performance of this Agreement. Furthermore, the Contractor/Vendor expressly understands and agrees that the provisions of this indemnification clause shall in no way limit the Contractor/Vendor’s obligations assumed in this Agreement, nor shall they be construed to relieve the Contractor/Vendor from any liability, nor preclude the Authority from taking any other actions available to it under any other provisions of this Agreement or otherwise in law.

These Indemnification provisions shall survive the termination of this contract.

7. FAMILIARITY WITH BID SPECIFICATIONS: At the time of opening bids each bidder will be presumed to have read and to be thoroughly familiar with the detailed specifications and instructions to bidders. The failure or omission of any bidder to receive or examine any form, instrument or document or to familiarize itself with the specifications or, where applicable, with the site where delivery is to be made shall in no way relieve any bidder from any obligations in respect to its bid.

8. QUESTIONS OR REQUESTS FOR CLARIFICATION: All questions about the meaning or intent of the Bid documents, including these instructions or the specifications, shall be submitted in writing to the Authority’s Purchasing Department. Any questions or requests for clarification are to be emailed to bids@sjta.com.

**When submitting a question or request for clarification, the subject line of the email must contain the word “Question” followed by the title of the Bid or RFP. ** mailto:bids@sjta.com

Questions must be received by Wednesday August 5, 2026 at 4:00 P.M. Only questions answered by formal written addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

9. ISSUANCE OF ADDENDA: Responses to all questions of substantive nature will be answered in the form of an addendum. The SJTA shall be the sole judge of the question viability. Any informal explanation, clarification, or interpretation will not bind SJTA, oral or written, by whoever made, that is not incorporated into an addendum.

Notice of Addenda will be issued through Bid Express. It is the sole responsibility of the bidder/proposer to be knowledgeable of all addenda related to this procurement. The bidder/proposer must complete the “Acknowledgement of Receipt of Addenda” form, which is included in this solicitation as a required document. Failure to acknowledge receipt of all addenda may render a bid/proposal as non-responsive.

A bidder’s/proposer’s failure to request a clarification, interpretation, correction or amendment will preclude such bidder/proposer from, thereafter, claiming any ambiguity, inconsistency or error.

10. BID SUBMISSION: The Authority will only accept electronic bid submissions through the Bid Express electronic bidding portal. If you are not already registered for electronic submissions, please visit https://www.bidexpress.com in order to bid with the Authority. To subscribe, follow the directions on the website. The fee schedule is available, and all fees are payable to Bid Express.

Any emailed, mailed or physical bids delivered to the Authority will not be accepted and/or will be returned to the bidder unopened.

11. BID DOCUMENTS: Each bidder shall electronically complete the required bid documents, to the extent applicable. Failure to complete all bid documents in the electronic bid package may be grounds for rejection.

12. SIGNATURES: On all forms contained in the bid where the signature of the bidder is required, only actual written signatures will be accepted, electronically signed documents will be deemed unacceptable.

13. ASSIGNMENT: Each bid form submitted by a bidder must be signed by a company official in order for it to be accepted by the Authority as a valid bid.

14. BID WITHDRAWAL: Bids may be modified or withdrawn up to bid opening time.

15. LATE BIDS: Bid Express does not allow the late submission of bids.

16. TIE BIDS: In the event of “tie” bids for the commodity(s) herein specified, the Transportation Authority reserves the right to split the bid or award to one or more bidders.

17. SPLIT BIDS: The Authority will act to award this contract to one vendor for the lowest amount that is advantageous to the Authority. Only if it is not advantageous to the Authority, then the award may be split between one or more bidders.

18. BOARD RIGHTS: The Commissioners of the Authority, in accordance with law, reserve the right in their discretion, to reject any and all bids, to waive any informalities or irregularities in the bids received, and to accept any bid which is deemed most favorable to the Authority at the time and under the conditions stipulated. Failure to observe the instructions set forth herein may be considered https://www.bidexpress.com/ grounds for rejection of any bid. The decision of the Commissioners shall be final and binding on each bidder and no bidder shall have recourse from such decision.

19. AWARD OF CONTRACT: The Authority will act to award a contract to the successful bidder or to reject all bids within ninety (90) calendar days after receipt of bids as prescribed by law unless a time extension is obtained in accordance with Authority rules. At the time of the opening, the three (3) lowest bids cannot be withdrawn for a period of ninety (90) calendar days, unless with the express permission of the Authority.

20. TRANSFER OF INTEREST: No bidder shall assign its contract or transfer its interest therein to any other person, firm or corporation without first securing the written consent of the Commissioners of the Authority. Any such transfer or assignment without the prior written consent of the Authority shall be invalid.

21. INVESTIGATION: The Authority may make such investigation as is necessary to determine the ability of the bidder to perform under the contract. Each bidder shall furnish to the Authority such information and data for this purpose as the Authority may request within five (5) days of any such request. The Authority reserves the right to reject any bid if evidence submitted by, or investigation of such bidder fails to satisfy the Authority that such bidder is properly qualified to carry out the obligations of the contract and to complete the work therein contemplated. The Authority reserves the right to request such financial data and previous experience, as it may deem appropriate. Conditional bids will not be accepted. Bids that are incomplete, unbalanced or obscure may be rejected at the Authority’s option.

22. TITLE/RISK OF LOSS: The title and risk of loss of the goods shall not pass to the AUTHORITY until the AUTHORITY actually receives, takes possession and accepts the goods at the point of delivery.

23. BREACH OF CONTRACT: Any violation or breach of terms of this contract on the part of the Vendor or its subcontractors may result in the suspension or termination of the contract or such other action that may be necessary to enforce the rights of the parties of this agreement.

The Authority will provide the Vendor written notice that describes the nature of the breach and corrective actions the Vendor must undertake in order to avoid termination of the contract. The Authority reserves the right to withhold payments to Vendor until such time the Vendor corrects the breach or the Authority elects to terminate the contract. The Authority’s notice will identify a specific date by which the Authority must correct the breach. The Authority may proceed with termination of the contract if the Vendor fails to correct the breach by the deadline indicated in the Authority’s notice.

The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder are in addition to, and not a limitation of, any duties, obligations, rights and remedies otherwise imposed or available by law.

24. TERMINATION OF CONTRACT

A. Termination for Convenience

The Authority may terminate this contract in whole or in part at any time by providing written notice to the Vendor. Such action may be without cause and without prejudice to any other right or remedy of Authority. Upon receipt of a written notice of termination, except as explicitly directed by the Authority, the Vendor shall immediately proceed with the following obligations regardless of any delay in determining or adjusting amounts due under this clause:

1. Vendor must immediately discontinue work as specified in the written notice.

2. Terminate all subcontracts to the extent they relate to the work terminated under the notice.

3. Discontinue orders for materials and services except as directed by the written notice.

4. Deliver to the Authority all fabricated and partially fabricated parts, completed and partially completed work, supplies, equipment and materials acquired prior to termination of the work, and as directed in the written notice.

5. Complete performance of the work not terminated by the notice.

6. Take action as directed by the Authority to protect and preserve property and work related to this contract that Authority will take possession.

Authority agrees to pay Vendor for:

1. Completed and acceptable work executed in accordance with the contract documents prior to the effective date of termination;

2. Documented expenses sustained prior to the effective date of termination in performing work and furnishing labor, materials, or equipment as required by the contract documents in connection with uncompleted work;

3. Reasonable and substantiated claims, costs, and damages incurred in settlement of terminated contracts with Subcontractors and Suppliers; and

4. Reasonable and substantiated expenses to the Vendor directly attributable to Authority’s termination action.

Authority will not pay Vendor for loss of anticipated profits or revenue or other economic loss arising out of or resulting from the Authority’s termination action.

The rights and remedies this clause provides are in addition to any other rights and remedies provided by law or under this contract.

B. Termination for Cause

The Authority may, by written notice of default to the Vendor, terminate all or part of this Contract for cause if the Vendor:

1. Fails to begin the Work under the Contract within the time specified in the Notice- to- Proceed;

2. Fails to make adequate progress as to endanger performance of this Contract in accordance with its terms;

3. Fails to make delivery of the equipment within the time specified in the Contract, including any Authority approved extensions;

4. Fails to comply with material provisions of the Contract;

5. Submits certifications made under the Contract and as part of their proposal that include false or fraudulent statements; or

6. Becomes insolvent or declares bankruptcy.

If one or more of the stated events occur, the Authority will give notice in writing to the Vendor and Surety of its intent to terminate the contract for cause. At the Authority’s discretion, the notice may allow the Vendor and Surety an opportunity to cure the breach or default.

If within 10 days of the receipt of notice, the Vendor or Surety fails to remedy the breach or default to the satisfaction of the Authority, the Authority has authority to acquire equipment by other procurement action. The Vendor will be liable to the Authority for any excess costs the Authority incurs for acquiring such similar equipment.

Payment for completed equipment delivered to and accepted by the Authority shall be at the Contract price. The Authority may withhold from amounts otherwise due the Vendor for such completed equipment, such sum as the Authority determines to be necessary to protect the Authority against loss because of Vendor default.

Authority will not terminate the Vendor’s right to proceed with the work under this clause if the delay in completing the work arises from unforeseeable causes beyond the control and without the fault or negligence of the Vendor. Examples of such acceptable causes include: acts of God, acts of the Authority, acts of another Vendor in the performance of a contract with the Authority, and severe weather events that substantially exceed normal conditions for the location.

If, after termination of the Vendor’s right to proceed, the Authority determines that the Vendor was not in default, or that the delay was excusable, the rights and obligations of the parties will be the same as if the Authority issued the termination for the convenience the Authority.

The rights and remedies of the Authority in this clause are in addition to any other rights and remedies provided by law or under this contract.

25. INDEMNITY: The successful bidder shall at all times observe and comply with all federal, state and local laws, statutes, ordinances, regulations and codes, that in any manner affect the conduct of the work and shall indemnify and hold harmless the Authority and all of its officers and agents against any claim or liability arising out of the contract, or arising out of any violation of laws, ordinances, statutes or regulations.

26. OWNERSHIP DISCLOSURE : No corporation or partnership shall be awarded any contract, nor shall any agreement be entered into for the performance of any work or the furnishing of any materials or supplies, the cost of which is to be paid with or out of any public funds, by the state, or any county, municipality or school district or any subsidiary or agency of the state or of any county, municipality or school district or by any authority, board or commission which exercises governmental functions, unless prior to the receipt of the bid or said corporation or said partnership, there is submitted a statement setting forth the names and addresses of all stockholders in the corporation of all partners who own ten (10%) percent or more of the corporation’s stock of any class or of all individual partners in the partnership who have ten (10%) percent or greater interest therein, as the case may be. If one or more such stockholders or partner is itself a corporation or partnership, the stockholders holding ten (10%) percent or more of that corporation’s stock or the individual partners owning ten (10%) percent or greater interest in that partnership, as the case may be, shall also be listed. The disclosure shall be continued until the names and addresses of every non-corporate stockholder and individual partner exceeding the ten (10%) percent ownership criteria established pursuant to P.L. 1977, Chapter 33 has been listed. If the bidder is not a corporation or partnership, it should be so indicated on the disclosure statement.

27. AVAILABILITY OF FUNDS: The award of the contract will be made subject to the availability of funds. The contract to be executed by the successful bidder will provide that it shall not become effective until the necessary funds are available.

28. TOLLS: It is the policy of the Authority not to offer toll free passage on the Atlantic City Expressway for its vendors; New Jersey Title 19:2-6.2(a) (Subchapter 6. Tolls).

29. AFFIRMATIVE ACTION: The successful bidder shall be required to submit Affirmative Action documentation to the Authority within seven days after contract execution. If Affirmative Action documents are not submitted timely, the bidder will be declared non-responsive, and the contract will be awarded to the next lowest responsive bidder.

Equal Employment Opportunity (EEO) Clause:

By the submission of its bid, each bidder acknowledges that he or she understands and agreed to be bound by the equal employment requirements, throughout the performance of work under any contract awarded pursuant to this solicitation. Each bidder agrees that if awarded a contract, it will similarly bind contractually each subcontractor. In implementation of the foregoing policies each bidder further understands and agrees that if awarded a contract, it must engage in affirmative action directed at promoting and ensuring equal opportunity in the work force used under the contract (and that is must require contractually the same effort of all subcontractors whose contracts exceed $100,000). The bidder understands and agrees that “Affirmative Action” as used herein shall constitute a good faith effort to achieve and maintain minority employment in each trade in the on-site work force used on the Contract.

Notification of Subcontractor:

The contractor and subcontractor shall include by reference the EEO clause and applicable bid conditions in all advertisements or other solicitations for Bids and shall include the EEO clause and applicable bid conditions in all contracts. The contractor and subcontractor must provide written notice to each subcontractor of the specific reporting and record keeping requirements under the EEO clause and applicable bid conditions. Upon award of a subcontract, each contractor shall immediately notify the compliance agency of the contract number, the subcontractor’s name, dollar amount of the contract, estimated state and completion dates, and the craft which will perform work under the subcontract.

Law Against Discrimination During the performance of this Contract, the Contractor agrees as follows:

The Contractor or subcontractor, where applicable, will not discriminate against any employee or applicant for employment because of age, race, creed, color, national origin, ancestry, marital status or sex. The Contractor will take affirmative action to ensure that such applicants are recruited and employed, and that employees are treated during employment without regard to their age, race, creed, color, national origin, ancestry, marital status or sex. Such action shall include but not be limited to the following employment, upgrading, demotion, or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or compensation, and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.

The Contractor or Subcontractor, where applicable will in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to age, race, creed, color, national origin, ancestry, marital status or sex.

The Contractor or Subcontractor where applicable, will send to each labor union or representative or workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the Agency Contracting Officer, advising the labor union or workers representative of the Contractor’s commitments under this act and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

Each prospective Bidder on a public works contract and each Subcontractor must formulate and submit to the State Treasurer an affirmative action program of equal opportunity which guarantees minorities employment in all employment categories. The State Treasurer must approve or disapprove the affirmative action program within sixty (60) days of its submission. Any existing federally approved or sanctioned affirmative action program must be approved by the State Treasurer. Any violator of this law will be subject to a fine of up to $1,000 for each violation for each day during which the violation continues.

30. DIVISION OF REVENUE REGISTRATION (NJ BRC): Pursuant to N.J.S.A. 52:32-44, the Authority is prohibited from entering into a contract with an entity unless the bidders/proposer/contractor, and each subcontractor that is required by law to be named in a bid/proposal/contract has a valid Business Registration Certificate on file with the Division of Revenue and Enterprise Services within the Department of Treasury.

Prior to contract award or authorization, the contractor shall provide the Authority with its proof of business registration and that of any named subcontractor(s).

Subcontractors named in a bid or other proposal shall provide proof of business registration to the bidder, who in turn, shall provide it to the Authority prior to the time a contract, purchase order, or other contracting document is awarded on authorized.

If you are already registered go to https://www1.state.nj.us/TYTR_BRC/jsp/BRCLoginJsp.jsp to obtain a copy of your Business Registration Certificate. Information for registering your business with the New Jersey Division of Revenue can be obtained by visiting the following link:

https://www.state.nj.us/treasury/revenue/busregcert.shtml

Questions regarding this requirement should be referred to the Division of Revenue hotline @ 609-292- 9292.

31. SMALL BUSINESS SET-ASIDE: New Jersey’s Small Business Set-Aside Program obligates the Authority to make 25% of all purchases for goods and services from small businesses. Firms classified, as a Small Business Enterprise must be registered with the New Jersey Department of Commerce.

Registration instructions can be obtained by visiting the State’s website:

https://www.njportal.com/DOR/SBERegistry/Default/

The Authority requests the following for information purposes only.

This is not a Set Aside bid; however, please indicate below (if applicable).

Our firm is certified/registered with the State of New Jersey Set Aside Program.

Certification #__________________________ Category _____

Check here MBE (Minority Business Enterprise) _____ WBE (Women Business Enterprise) _____ https://www1.state.nj.us/TYTR_BRC/jsp/BRCLoginJsp.jsp https://www.state.nj.us/treasury/revenue/busregcert.shtml https://www.njportal.com/DOR/SBERegistry/Default/

SBE (Small Business Enterprise) _____ None of the Above _____

POLICY STATEMENT OF THE SOUTH JERSEY TRANSPORTATION AUTHORITY

In accordance with Executive Order No. 84 signed by Governor James J. Florio on March 5, 1993 and Executive Order No. 71 signed by Governor James E. McGreevey on October 2, 2003, it is the policy of the Authority that Small Business Enterprises (“SBE”), as determined and defined by the Department of the Treasury, Division of Revenue and Enterprise Services (“Division of Revenue”) in N.J.A.C. 17:13 et seq., have the opportunity to compete for and participate in the performance of contracts to the purchase of goods and services and for construction services required by the Authority. The Authority further requires that its contractors shall agree to take all necessary and responsible steps, in accordance with the aforementioned regulations, to ensure that SBE’s have these opportunities.

It is the policy of the Authority that small businesses (each a “small business enterprise” or “SBE”), as determined and defined by the New Jersey Department of the Treasury, Division of Purchase and Property, Contract Compliance and Audit Unit, EEO Monitoring Program (“EEO Monitoring Program”) in N.J.A.C. 17:27 et seq. or other application regulation, should have the opportunity to participate in SJTA Contracts.

To the extent the Firm engages subcontractors or sub-consultants to perform Services for the SJTA pursuant to this Contract, the Firm must demonstrate to the SJTA’s satisfaction that a good faith effort was made to utilize subcontractor’s and sub-consultants who are registered with the EEO Monitoring Program as SBEs.

Furthermore, Proposers and subcontractors shall be evaluated by the EEO Monitoring Program, based on its attainment of the Participation Goals set forth in N.J.A.C. 17:27-5.2

Please refer to the following link for current applicable procurement target(s) guidelines set forth by the NJ Department of Treasury: https://www.state.nj.us/treasury/contract_compliance/

Evidence of a “good faith effort” includes, but is not limited to:

1. Whether the vendor or subcontractor has agreed to make a good faith effort to adhere to targeted minority and women employment goals;

2. Whether the vendor or subcontractor has met or documented that it has made a good faith effort to meet targeted employment goals;

3. Whether the vendor or subcontractor has adopted an Equal Employment Opportunity (EEO)

Policy;

4. Whether the vendor or subcontractor has posted an EEO Policy on the job site bulletin board;

5. Whether the vendor or subcontractor has disseminated the EEO Policy to its workers through various means including company meetings, preconstruction job meetings, written notices, etc.;

6. Whether the vendor or subcontractor has posted Federal or State issued EEO posters on the job site bulletin board;

7. Whether the vendor or subcontractor has identified an EEO Officer and established job duties in writing for such position;

8. Whether the vendor or subcontractor has developed a basic complaint procedure;

9. Whether the vendor or subcontractor has knowledge of and has considered the general availability of minorities and women having requisite skills in the immediate labor area;

10. Whether the vendor or subcontractor has knowledge of and has considered the percentage of minorities and women in the total workforce in the immediate labor area;

https://www.state.nj.us/treasury/contract_compliance/

11. Whether, when the opportunity has presented itself, the vendor or subcontractor has considered promoting minority and women employees within its organization;

12. Whether the vendor or subcontractor attempted to hire minorities and women based upon the anticipated expansion, contraction and turnover of its workforce;

13. Whether the vendor or subcontractor has the ability to consider undertaking training as a means of making all job classifications available to minorities and women and whether it has done so;

14. Whether the vendor or subcontractor has utilized the available recruitment resources to attract minorities and women with requisite skills, including, but not limited to, public and private training institutions, job placement services, referral agencies, newspapers, trade papers, faith-based organizations, and community-based organizations;

15. Whether the vendor or subcontractor has requested qualified minorities and women from a labor union with whom it has an exclusive hiring or referral arrangement;

16. Whether the vendor or subcontractor has actively recruited beyond the traditional sources to attract minority and women applicants;

17. Whether the vendor or subcontractor has reviewed all personnel actions to ensure actions are taken in compliance with the company's EEO policy; and

18. Whether the vendor or subcontractor has retained records of employment and personnel actions and payroll records for a three year-period from the date of the contract or project closing.

SOUTH JERSEY TRANSPORTATION AUTHORITY SUBSTITUTION POLICY

The contractor or consultant must notify and obtain written approval from a small business enterprise (SBE) sub-contractor, sub-consultant, or vendor before including that contractor in a bid proposal or similar contract-related submission.

The contractor, consultant must notify and obtain written consent and obtain authorization from South Jersey Transportation Authority’s Public Agency Compliance Officer/DBE Liaison Officer before it substitutes a SBE sub-contractor, sub-consultant named in a bid proposal or other contract related submission; and if the substitution is approved by the Public Agency Compliance Officer/DBE Liaison Officer, the contractor, consultant shall make a good faith effort to utilize another SBE sub-contractor sub-consultant to replace the pervious SBE contractor, consultant.

The prime contractor or consultant must give the Public Agency Compliance Officer/DBE Liaison Officer five days to respond to the prime contractor’s, consultant’s notice and advise the contractor, consultant approval or the reasons, if any, why it objects to the proposed termination of its subcontract subconsultant and why you should not approve the prime contractor, consultant’s action.

The Contractor agrees to make a good faith effort to award at least 25% of this contract to subcontractors registered by the Division of Revenue as a SBE. Subcontracting goals are not applicable if the prime contractor is a registered Small Business Enterprise (SBE) firm.

32. PAYMENT and TAXES: Payment to the successful Bidder will…