9.14.11 os minutes.tif

N J TRANSIT BOARD MEETING MINUTES OPEN SESSION 9/14/2011

Chris Christie, Governor Kim Guadagno, Lieutenant Governor James S. Simpson, Board Chairman James Weinstein, Executive Director

N TRANSIT One Penn Plaza East Newark, NJ 071 05-2246 973-491 -7000

September 16,201 1

Dear Governor Christie:

Pursuant to Chapter 150, Laws of 1979, 1 herein transmit the minutes of actions taken at the open session of the regularly scheduled meetings of the New Jersey Transit Corporation, N J Transit Rail Operations, Inc., N J Transit Bus Operations, Inc., NJ Transit Mercer, Inc., and NJ Transit Morris, Inc., Board of Directors held on Wednesday, September 14,201 1.

Sincerely,

Joyce J. Zuczek Acting Board Secretary

Enclosures

Honorable Chris Christie Governor, State of New Jersey State House Trenton, NJ 08625

September 16,201 1

Dear Governor Christie:

Pursuant to Chapter 150, Laws of 1979, 1 herein transmit the minutes of actions taken at the open session of the regularly scheduled meetings of the New Jersey Transit Corporation, NJ Transit Rail Operations, Inc., NJ Transit Bus Operations, Inc., NJ Transit Mercer, Inc., and NJ Transit Morris, Inc., Board of Directors held on Wednesday, September 14,201 1.

Sincerely,

Joyce J. Zuczek Acting Board Secretary

Enclosures

Honorable Chris Christie Governor, State of New Jersey State House Trenton, NJ 08625

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Minutes of the actions taken at the Open Session of the regularly scheduled Board of Directors' meetings of the New Jersey Transit Corporation, NJ TRANSIT Rail Operations, Inc., NJ TRANSIT Bus Operations, Inc., NJ TRANSIT Mercer, Inc., and NJ TRANSIT Morris, Inc. held at Hoboken Terminal, Main Waiting Room, 1 Hudson Place, Hoboken, New Jersey on Wednesday, September 14,201 1.

Present: Bruce M. Meisel, Vice Chairman Johanna Jones, Governor's Representative Andrew Sidamon-Eristoff, State Treasurer Steve Petrecca, Treasurer's Representative Joseph Mrozek, Designee for Chairman James Simpson James C. Finkle Jr. Myron P. Shevell (By Telephone) Flora Castillo (By Telephone)

James Weinstein, Executive Director Joyce J. Zuczek, Acting Board Secretary Penny Bassett Hackett, Acting Assistant Executive Director, Communications & Customer Service Carol Wise, Deputy General Manager, Bus Operations Kevin O'Connor, Vice President & General Manager, Rail Operations Christopher Trucillo, Chief of Police Kim Vaccari, Chief Financial Officer & Treasurer Steve Santoro, Assistant Executive Director, Capital Planning & Programs Alma Scott-Buczak, Assistant Executive Director, Human Resources Carlos Ramirez, Assistant Executive Director, Corporate Affairs Leotis Sanders, Vice President, Office of Civil Rights and Diversity Programs Warren Hersh, Auditor General Kenneth Worton, Deputy Attorney General

Acting Board Secretary Joyce J. Zuczek introduced Vice Chairman Bruce Meisel who will act as the Chairman for these meetings.

Vice Chairman Bruce M. Meisel convened the Open Session at 10:30 a.m. in accordance with the Open Public Meetings Act and asked for a motion to enter Executive Session to discuss contract negotiations, attorney-client, litigation and personnel matters. A motion was made by Andrew Sidamon-Eristoff, seconded by Johanna Jones and unanimously adopted.

Vice Chairman Meisel reconvened the Open Session at 10:45 a.m. and asked for a motion to adopt the minutes of the July 13, 2011 meetings. A motion was made by Johanna Jones, seconded by Andrew Sidamon-Eristoff and adopted. Vice Chairman Meisel abstained from voting since he was not in attendance at the July 13, 2011 meetings.

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Executive Director James Weinstein highlighted the following from his monthly business report.

State-Of-Good-Repair Work

Executive Director Weinstein said commitment to safety and reliability are key elements captured in the Scorecard initiatives. The Fiscal Year 2012 capital program supports the Scorecard initiative with continued investment in infrastructure and equipment to maintain the system's state-of-good-repair.

There are several items on the agenda that demonstrate the commitment to ongoing state-of-good-repair efforts. NJ TRANSIT is seeking approval of a construction contract for the re-roofing of Newark Penn Station, a major transportation hub in the NJ TRANSIT network and the City of Newark.

When the station opened in 1935, it was one of the centerpieces of the former Pennsylvania Railroad's train network, and today, it remains one of the centerpieces of New Jersey's public transportation network. Serving three busy commuter rail lines, Newark Light Rail and numerous bus routes, as well as Greyhound, PATH and Amtrak, the historic station can be likened to NJ TRANSIT'S own Grand Central Station.

Not only is Newark Penn Station used by nearly 50,000 NJ TRANSIT customers on a typical weekday, but the retail facilities on site serve employees of area businesses, Newark residents, and visitors to the City. Newark is a destination in its own right, with the station serving as a gateway to,people coming to the Prudential Center, NJPAC and more.

Executive Director Weinstein considers this more than just an investment in a new roofing system, but an investment in one of NJ TRANSIT'S most vital assets.

Executive Director Weinstein said an item on the board agenda requests approval for an in-depth inspection of 13 undergrade bridges across the rail system. NJ TRANSIT in-house staff inspects bridges on an annual basis, augmenting its own inspections with periodic in-depth inspections as part of its infrastructure maintenance program. NJ TRANSIT uses the results of these detailed inspections to develop a repair and replacement program and to ensure that it achieves a maximum return on its investments.

Another item on the agenda will advance the replacement of two undergrade bridges on the Raritan Valley Line, both located in the City of Plainfield. By replacing these bridges, NJ TRANSIT will ensure continued safe and reliable rail service, and also continue its long-term commitment to Plainfield to repair or replace all 13 railroad bridges in the City. This item allows for design, engineering and construction assistance, and a subsequent construction contract will bring the total completed to nine of the 13.

Executive Director Weinstein said the final item related to the state-of-good-repair investment is for the purchase of an overhead catenary inspection vehicle, which is used to inspect, maintain and repair the more than 95 miles of overhead wires that

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supply power to our electric locomotives. NJ TRANSIT currently owns two vehicles used for this purpose. The new vehicle will replace the older of the two vehicles, which NJ TRANSIT found would be more cost-effective than rehabilitation. However, parts from the older vehicle will be used to refurbish the other car. These vehicles are used for both emergency repairs as well as scheduled maintenance, and ensure that personnel have quick and easy access to the overhead wire and support system.

Drive Cam

Executive Director Weinstein said there is an item that will allow the remainder of NJ TRANSIT'S bus fleet to be outfitted with on-board security cameras. NJ TRANSIT operates more than 700 buses equipped with a "Drive Cam" system to safeguard customers, employees and rolling stock through video surveillance. All of the new transit buses currently on order are delivered with Drive Cam already equipped. With the approval of this item, NJ TRANSIT will retrofit the 968 remaining cruiser buses with this technology.

Hurricane lrene

Executive Director Weinstein said New Jersey has dealt with Mother Nature in the last few weeks, first with the earthquake that literally shook things up, and then Hurricane lrene following later that same week. While the NJ TRANSIT system experienced little to no impact from the earthquake, the hurricane was a different story, having a major impact on the entire NJ TRANSIT system, ranging from downed wires, flooding at stations, washouts on the railroad, and more than 300 downed trees across the rail network. Throughout this event, close coordination with the Governor's office and the Office of Emergency Management was critical. The early decision to suspend service systemwide ahead of the storm enabled NJ TRANSIT to ensure the safety of its customers and employees as well as move locomotives, train cars, buses and other equipment where they could be protected from the elements. The suspension of service also enabled NJ TRANSIT to deal with issues and address damage unimpeded.

Also critical throughout the duration of the hurricane and its aftermath were the timely updates from NJ TRANSIT Police, who disseminated information directly from the Regional Operations Intelligence Center (ROIC), where NJ TRANSIT had an officer stationed.

Executive Director Weinstein was proud to say thanks to the dedication and hard work of its employees, the NJ TRANSIT system was fully up and running within 36 hours of the storm ending, with just a few pockets without service.

Executive Director Weinstein asked Bus Operations, Rail Operations, Light Rail Operations and Access Link to provide a brief overview of the impact the storm had on the NJ TRANSIT system.

Deputy General Manager of Bus Operations Carol Wise, Chief of Contracted Services Joyce Gallagher, Deputy General Manager of Light Rail Operations John Squitieri, and Vice President and General Manger of Rail Operations Kevin OIConnor highlighted the recovery efforts across the NJ TRANSIT system.

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Carol Wise highlighted Bus Operations efforts and the impacts of the storm on operations. Ms. Wise said on Thursday, August 25, 201 1, Bus Operations began mobilizing additional equipment and operators for emergency operations and evacuations. Ms. Wise explained shifting work assignments and keeping track of operator hours and availability was a critical factor. Ms. Wise said road and terminal personnel laid out detour routes in anticipation of road closures and strategic staging areas for buses. Ms. Wise recounted that as employees became aware of the emergency storm alert all hands were on deck, including operators who were scheduled to be on vacation calling in to indicate they were available. Ms. Wise pointed out that Bus Operators did not have any sick call offs from union or management personnel through the whole weekend. Ms. Wise said NJ TRANSIT had several hundred buses ready for emergency operations throughout the storm.

Ms. Wise said that on Friday once the Governor announced suspension of service on Saturday, Bus Operations added extra service throughout Friday to accommodate commuters traveling to and from Atlantic and Cape May Counties. She pointed out that NJ TRANSIT Bus Operations was the last major transit agency in the region to shut down services before the storm. Ms. Wise said Bus Operations moved approximately 1800 people to shelters from Atlantic City and Cape May Counties on Saturday. Ms. Wise discussed how in some cases caravans of bus fleet were traveling on the Garden State Parkway escorted by the NJ TRANSIT Police and State Police.

Joyce Gallagher highlighted the private bus carriers' role in dealing with Hurricane Irene. Ms. Gallagher mentioned three private carriers - Suburban, Coach and Decamp Bus Lines - provided hundreds of buses for NJ TRANSIT'S efforts to respond to the Hurricane.

Ms. Wise continued the discussion regarding Bus Operations' efforts in responding to the Hurricane. She mentioned that to safeguard vital assets, Bus Operations evacuated one of the largest bus facilities, flood-prone Oradell Depot, to Paramus Park Mall so regular operations could continue without interruption. Ms. Wise discussed how Paramus Park which was being used as a temporary safe haven began to flood and thus had to be evacuated unexpectedly. She said the Oradell fleet occupies nearly six acres and it is not easy finding a suitable location. Ms. Wise recounted that Garden State Plaza Mall accommodated their request to move about 210 buses, on short notice, from Paramus Park Mall to Garden State Plaza Mall.

Ms. Wise mentioned that while still transporting residents to Atlantic City, Cape May and Wildwood counties on Sunday, Bus Operations began scheduling operators to resume modified service. She said NJ TRANSIT Bus Operations was one of the first systems to be operational. Ms. Wise said buses were in route from Atlantic City to New York by midnight on Sunday and were serving all lines Monday morning.

Ms. Wise then recounted problems with flooding on Tuesday. She said conditions in the Paterson area were beyond what the area has seen in the past and Market Street Garage was alerted around 10:OO a.m. that they had three to four hours to evacuate. Ms. Wise said employees' cars were moved to safe ground, over 80 buses were moved

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to the Garden State Plaza, and within four hours operations was set up from that lot to service customers.

Kevin O'Connor said Rail Operations ceased operations on Saturday to protect customers, employees and equipment from injury and damage. Mr. O'Connor said the decision was made to secure fleet in low-lying locations, such as Bay Head, Hoboken, Suffern, Gladstone, and Atlantic City. He noted all road crossings gates were taken out of service on all lines to ensure emergency vehicles and cars were not delayed. Mr. O'Connor said flooding began on the right-of-ways on Saturday.

Mr. O'Connor said Rail Operations began inspecting the lines Sunday morning to assess damage and begin repairs. Inspections found significant issues on virtually every line except the Atlantic City Line, with more than 400 trees down across the system, washouts, flooding, sink holes and signal and catenary wire damage. Mr. O'Connor reported that Trenton Station on the Northeast Corridor flooded with four and a half feet of water. Mr. O'Connor explained that 14 miles of the Southern Tier was destroyed due to flooding and also reported that over 200 trees fell throughout the Morris & Essex lines, with one hundred of the trees between Summit and Millburn.

Mr. O'Connor pointed out the North Jersey Coast Line track bed was undermined by a sink hole just west of Aberdeen-Matawan Station that was approximately 35 feet deep and 100 feet long that required filling 800 tons of stone. Mr. O'Connor also noted that in Red Bank by the Navesink River the storm caused a 45 feet deep hole on track two that undermined the entire track and made the adjacent track unsafe. As a result, rail forces had to make much of the repair from a row boat on the river.

John Squitieri explained that all three light rail systems - Newark Light Rail (NLR), Hudson Bergen Light Rail (HBLR) and the River LlNE - sustained significant damage due to the storm. Mr. Squitieri pointed out that all three systems had numerous trees fall and block the alignment and right-of-way. Additionally, Mr. Squitieri said all three systems experienced significant flooding in spots from Camden on the River LlNE to Hoboken on the HBLR. As a result, the River LlNE and HBLR experienced significant soil instability, mud slides on the HBLR and River LINE, and washouts on the River LINE. Mr. Squitieri said the soil instabilities are still having residual effects on the River LINE.

Mr. Squitieri announced that due to the decision to suspend service, no Light Rail rolling stock was damaged by the storm. Additionally, no employee or passenger injuries were sustained as a result of the storm. Mr. Squitieri reported that all Light Rail personnel, both management and union, reported for duty and there were no mark offs. Furthermore, Mr. Squitieri said all three systems were operating Monday morning.

Board Member Andrew Sidamon-Eristoff commented on how the hurricane was a considerable challenge and asked whether NJ TRANSIT had access to GIs mapping as part of planning support and if it was effective in helping prioritize and evaluate access.

Police Chief Christopher Trucillo explained that GIs was used by NJ TRANSIT'S Police Department. Chief Trucillo said GIs was used to look at access across the State. Chief Trucillo mentioned that in cooperation with State Police, they were able to use GIs to

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get information for the Rail Operations Center personnel regarding areas to be evacuated, where police assistance was needed and to assist in directing resources.

Board Member Sidamon-Eristoff asked whether GIs was used for the frontline. Chief Trucillo explained that GIs was used by NJ TRANSIT'S Emergency Operations Center to obtain information regarding the hurricane prior to its arrival. Chief Trucillo explained that GIs was used to predict the impact of the hurricane and as a result, NJ TRANSIT Police worked with Bus and Rail Operations regarding which assets faced potential risk and recommend which assets should be moved. Chief Trucillo explained that they were able to use GIs to give Operations the most up-to-date weather information as it unfolded.

Executive Director Weinstein continued his report citing how there was total State coordination thanks to Governor Christie. Executive Director Weinstein cited the great communication and coordination by the Emergency Operations Center, Trenton, State Police and NJ TRANSIT Police during a very difficult and challenging time. Mr. Weinstein discussed how Chairman Simpson insisted on working around the clock watching over NJ TRANSIT, the Turnpike, and the State Highway System.

Executive Director Weinstein said because of the extraordinary efforts of employees, NJ TRANSIT fared very well in the wake of the tremendous storm. No injuries were reported among any customers or employees and billions of dollars were saved in assets by moving equipment to safe locations, which also allowed NJ TRANSIT to resume service more quickly in the hurricane's aftermath.

NJ TRANSIT participated in evacuations while also running regular service. NJ TRANSIT repaired significant storm damage on the system, including a 35-foot washout on the North Jersey Coast Line and a 45-foot hold near Red Bank Station and began running service within 36 hours of the hurricane ending, with only a few pockets without service. Executive Director Weinstein thanked and congratulated all of NJ TRANSIT'S employees for a job well done.

"Keeping You in the Know" Communication

Executive Director Weinstein said NJ TRANSIT is engaged in an ongoing effort to use technology to improve the way customers access travel information, particularly while they are on the go. From My Light Rail and My Bus, which launched this summer and last fall, respectively, to Departurevision, which was introduced in 2009 when the website was overhauled, NJ TRANSIT offers a number of tools to customers for vital information.

NJ TRANSIT highlighted these tools as they were introduced, but NJ TRANSIT is hearing that customers are not aware of all the options. He said an educational campaign will be launched to remind customers of all the ways they can access the information they need.

Executive Director Weinstein invited Acting Assistant Executive Director of Communications and Customer Service Penny Bassett Hackett to provide an overview.

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Acting Assistant Executive Director of Communications and Customer Service Penny Bassett Hackett discussed the "Keeping You in The Know" Campaign. Ms. Bassett Hackett explained that as part of the Score Card initiative, the quarterly Customer Satisfaction Surveys, and a recent focus group, NJ TRANSIT heard from its customers that NJ TRANSIT needs to do a better job at communicating with them, particularly during service disruptions. Ms. Bassett Hackett explained that a new campaign called "Keeping You in the Know" has been introduced to highlight the various ways NJ TRANSIT already communicates with its customers. Ms. Bassett Hackett explained that while a number of these initiatives have been announced over the last year or so, this is the first time NJ TRANSIT is compiling the information so customers can select the best tool for them.

Ms. Bassett Hackett explained a special team of NJ TRANSIT employees has been assembled to put together short-term, mid-term and long-term solutions to improving the way we disseminate information.

Ms. Bassett Hackett highlighted the tools currently available to NJ TRANSIT'S customers. She explained "My Transit" allows customers to sign up to receive free service alerts on their cell phones, handheld wireless devices or via email. The alerts include service delays, schedule changes, station advisories, boarding changes, and other important announcements. Ms. Bassett Hackett said currently nearly 54,000 customers signed up for My Transit - approximately 8 percent of our daily ridership (nearly 454,000 people who ride).

Ms. Bassett Hackett next discussed "Departurevision." She explained customers can view train departure information on their computer or mobile device. Ms. Bassett Hackett said this is a popular feature for customers for regular service information, but NJ TRANSIT needs to do a better job with it during major service disruptions when trains are out of sequence.

Ms. Bassett Hackett also explained "My Bus & My Light Rail" lets customers text or call in a bus stop ID or light rail station ID to receive information on the next bus or light rail train to arrive at their location. She said there are currently about 184,000 customers using these tools and that number is growing steadily.

Next, Ms. Bassett Hackett mentioned the "Mobile & Desktop Websites" where customers can get the latest information on NJ TRANSIT'S services. She also highlighted "Twitter" which allows customers to view feeds of My Transit alerts and advisories for rail and light rail lines, and bus routes. She said there are nearly 4,000 Twitter followers.

Last, Ms. Bassett Hackett highlighted "CooCoo" which provides regional rail schedule information by texting station-to-station request to CooCoo. For instance, it can give you the train schedules if you're traveling from Princeton Junction to Babylon Station on the LIRR.

Ms. Bassett Hackett said NJ TRANSIT'S campaign will include posters like the ones shown on the screens at the Board Meeting. The posters will be on NJ TRANSIT'S website, digital screens at stations, on station platforms, and onboard NJ TRANSIT

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trains, buses and light rail equipment. Additionally, there will be articles in NJ TRANSIT'S FYI customer publication and there will be an ambassador program where NJ TRANSIT employees will be at stations and terminals handing out brochures. Ms. Bassett Hackett said the campaign will kick off in early October, in time for Customer Service week, and run through mid November.

September 11 Anniversary

Executive Director Weinstein discussed the loth anniversary of the tragic events of September 11. Hoboken Terminal played a critical role in the evacuation efforts that day as people from Manhattan sought refuge, which is why this month's meeting is at this location. Executive Director Weinstein invited everyone to join him to unveil a plaque in the light rail area of the terminal in honor of the lives lost that day and in recognition of the many NJ TRANSIT employees who stepped up to help others that day.

Executive Director Weinstein recognized several people present to share in the unveiling: Hoboken Fire Chief Richard Blohm, Former Board Member John McGoldrick, Former Executive Director Jeff Warsh and his Chief of Staff Matt Stanton, and a number of NJ TRANSIT employees who worked tirelessly to assist thousands of people who came through the terminal.

Executive Director Weinstein noted that these are just a few, as hundreds of NJ TRANSIT employees across the system stepped up that day to assist in any way they could: Current General Superintendent of Hoboken Division Joe Meade, a retired Fairlawn Firefighter, Deputy General Manager Rail Engineering, Michael Gaspartich who also lead the effort to make repairs to the railroad following Hurricane Irene, Chief Road Foreman Sean Dolan, Angel Soto, who was the General Superintendent of Hoboken in 2001 and now serves as Deputy General Manager, Transportation. From Light Rail, Assistant General Manager Greg Woods and Director of Safety Nagal Shashidhara. The NJ TRANSIT Police worked 12-hour shifts for seven days: Captain Alphonse Stiehler, Lieutenant Leonard Lenahan, Sergeant Joel Baldwin, Detective Bill Sweeney, Detective Marianna Tropeano, Officer Matthew McNulty and Officer Ruben Torres.

Executive Director Weinstein thanked them for all that they did on that day

Advisory Committee

Suzanne Mack said she knows the acoustics are challenging so she will try to be brief. Ms. Mack said one person Mr. Weinstein could not recognize when he was honoring those who worked in key positions on September 11, 2001 was Jim Weinstein who was the Commissioner at that time. Ms. Mack said just as Mr. Weinstein praised Jim Simpson on his great work during the Hurricane, Mr. Weinstein was outstanding in responding to September 11, 2001. She said Mr. Weinstein took over emergency management for the tragedy and worked tirelessly over the month. Ms. Mack said Jeff Warsh was the Executive Director and together they spent two years putting together policies to improve communication redundancy so if a crisis occurred again, NJ TRANSIT would be ready to take on the challenge and not have a recurrence of the

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communication problems they were faced with on September 1 I". Ms. Mack remarked that she sees the new Board Member, James Finkle in Hoboken all the time.

Ms. Mack said she was in Jersey City on Sunday for a ceremony and thanked NJ TRANSIT for assistance with buses to get people from the waterfront ferries which were the only services running out of New York City on that day. Ms. Mack said NJ TRANSIT has always been the best at dealing with emergency crisis and said everyone is reminded by the Hurricane that NJ TRANSIT is still prepared to handle these unexpected emergencies. Ms. Mack also thanked the Governor for his part in dealing with the most recent emergencies. Ms. Mack said it was good to see the Treasurer and the new Board Member, Bruce Meisel, who is acting as the Chairman today.

Ms. Mack said last month they were taken back by the sudden increases proposed by the Port Authority. She said we need to look at the impact of those increases on NJ TRANSIT'S budget. Ms. Mack said we have a lot of budget issues and we have worked with the Governor and Legislature to solve the problems this year. She said she hopes the Board of Directors is looking at the impact of the Port Authority increases on NJ TRANSIT buses and other services. Ms. Mack said it is very important that there be joint activity between the Port Authority and NJ TRANSIT regarding the money.

Board Committee Reports

Capital Planninn, Policy & Privatization Committee

Vice Chairman Meisel presented the Capital Planning, Policy & Privatization report to the Board. The Committee discussed the construction of the Newark Penn Station Re-Roofing project to return the roof over the passenger platforms to a state-of-good- repair and to improve the customer experience.

The Committee reviewed the annual bridge inspection item as well as the replacement of two undergrade bridges on the Raritan Valley Line. Both of these items will ensure safe and reliable operation of train service.

In addition, the Committee discussed the purchase of an overhead catenary inspection vehicle for emergency repairs and scheduled maintenance to the catenary system.

Administration Committee

Board Member Flora Castillo presented the Administration Committee report to the Board. The Committee discussed the bus on-board camera system. This technology will safeguard passengers, employees and rolling stock through video surveillance.

The Committee reviewed the proposed amendments to the Procurement Policies and Procedures regulations. The minor amendments clarify words and definitions and adds language to reflect the use of electronic bidding.

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Public Comments on Agenda Items

There were five public comments on agenda items. Acting Board Secretary Zuczek announced a three minute time limit for speakers and asked if there were any written statements for the record.

John McGoldrick. Mr. McGoldrick said he was a long-term enforcer of the three minute rule and they should feel free to give him the hook. Mr. McGoldrick said he was honored to be in attendance to commemorate the actions of NJ TRANSIT and its employees on September 11, 2001. He said that he was Vice Chairman of the Board of Directors at that time and was a member of the Board for 25 years. He expressed that 91 1 was a terror and a horror, but it was striking to see the work that was done to evacuate New York City. Mr. McGoldrick said he is still a very satisfied rider on the NJ TRANSIT System and he commended the agency on the work that it has done and continues to do. He noted that the agency and the State endured difficulties during the recent hurricane. Mr. McGoldrick commended New Jersey as a whole, from the Governor down to NJ TRANSIT in particular, for a job well done.

Orrin Getz stated that he is a member of NJ-ARP. He stated that with the purchase of the new overhead catenary vehicle that NJ TRANSIT should donate the old one to Amtrak, which needs any help it can get.

Mr. Getz said that he attended the July meeting of the MetroNorthILIRR committee and recommended that those two agencies donate funding to Amtrak to update the power supply system for Penn Station New York. Mr. Getz stated that Committee Chair Palley recommended that LlRR President Williams look into that recommendation and report back. Mr. Getz also said this is an opportunity for NJ TRANSIT to work with LlRR on ways to improve the failing power station. He said that the MTA is pulling out all stops on restoring service to the Port Jervis Line. He stated that NJ TRANSIT should do everything it can to assist with that effort and to restore service as quickly as possible.

David Peter Alan opened by stating that that the most important item on the meeting agenda was that it was being held in Hoboken. As Chairman of the Lackawanna Coalition, he said he represents riders in the County and he was honored and pleased to welcome everyone to Hoboken and commented on the beauty of the Terminal.

Mr. Alan stated that he was deeply concerned about the increase in PATH fares and the impact on NJ TRANSIT ridership. He stated that the transit advocacy community is ready to work with the Board and senior management to develop a fare structure that will minimize those impacts.

Mr. Alan stated that the purchase of a new overhead catenary vehicle is a signal that the agency is committed to maintaining its equipment. He further stated that NJ TRANSIT should work with Amtrak to develop one power system.

Regarding the Newark Penn Station Re-roofing, Mr. Alan questioned why Amtrak is not paying for this work since they own Newark Penn Station. He also asked if the Port Authority would provide funding since the PATH system also uses this station.

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James Raleigh stated that he is from Monmouth County. He endorses purchase of a new overhead catenary vehicle but expressed concerns about cooperation with Amtrak. He suggested NJ TRANSIT should work with Amtrak to upgrade the signal system since NJ TRANSIT is the major user.

Joseph Clift noted that there was a new face on the Board and acknowledged Vice Chair Meisel. Mr. Clift then introduced himself as a former Director of Planning at the LIRR. Mr. Clift urged NJ TRANSIT to undertake a proactive effort to deal with the two specific board items he would highlight.

Mr. Clift questioned why Amtrak is not paying for the re-roofing of Newark Penn Station since they own the station. He stated that the information was not in the item. He asked if NJ TRANSIT is paying for $3.1 million, which is 213 of the $4.6 million project cost, who is paying for the rest?

Mr. Clift also noted that Amtrak's. goals are not NJ TRANSIT'S goals. He said in planning for High Speed Rail, the two agencies would come to very different solutions. He said since NJ TRANSIT has access to funding not available to Amtrak, the two agencies should work together.

Mr. Clift concluded by questioning why the undergrade bridges are not the responsibility of NJDOT.

At this point Executive Director Weinstein advised the speakers that Amtrak does not own Newark Penn Station. The actual owner is a trust which was created in 1986. NJ TRANSIT holds a 99-year lease and Amtrak owns only the track.

Executive Director Weinstein presented the following Action Items for approval:

1109:46: NEWARK PENN STATION RE-ROOFING: CONTRACT AWARD FOR CONSTRUCTION

Authorization is requested to approve a construction contract to provide roof repairs to Newark Penn Station. The station continues to operate as a major transportation hub in the City of Newark serving thousands of commuters every day, providing connections to three rail commuter lines, Newark Light Rail and numerous bus routes. It also provides connections to Amtrak and the PATH rapid transit system. Authorization of this construction contract will allow for the installation of a new roofing and drainage system and associated masonry repairs over selected rail platforms. The proposed contractor is G & M Eastern Contracting, Inc. in the amount of $3,068,500, plus five percent contingencies.

Joseph Mrozek moved the resolution, Johanna Jones seconded it and it was unanimously adopted.

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1109-47: BUS ON-BOARD CAMERA SYSTEM

An enhanced bus on-board camera system is a priority for NJ TRANSIT. Camera systems, such as Drive Cam, have proven to be an effective tool for on-board passenger security and operational safety and claims administration. This new technology records events on coaches as well as records data on collisions. In addition to the hardware, this contract includes two years of managed services to be provided by Drive Cam, Inc. Authorization is requested to enter into a sole source contract with Drive Cam, Inc. for the installation of a camera system and a two-year agreement with a three-year extension option for Managed Services, including technical support, for 968 cruiser buses at a cost of $2,727,924, plus five percent contingencies.

Joseph Mrozek moved the resolution, James C. Finkle, Jr. seconded it and it was unanimously adopted.

1109-48: UNDERGRADE RAILROAD BRIDGES: ENGINEERING SERVICES TO PERFORM IN-DEPTH INSPECTIONS, EVALUATIONS AND RATINGS

NJ TRANSIT'S 659 rail-carrying bridges are inspected on an annual basis by in-house staff and in-depth structural inspections, evaluations and load ratings are performed on a regular basis by firms with technical expertise in bridge infrastructure. These inspections are critical to prioritization of the capital improvement investments. Authorization is requested to approve three contracts to perform inspections on 13 undergrade bridges as well as diving inspections on two undergrade bridges. The proposed contracts are with HNTB Corporation for $856,293, TranSystems for $566,287 and Hardesty & Hanover, LLP for $644,483, for a total cost of $2,067,063, plus five percent for contingencies. I ask your approval.

Joseph Mrozek moved the resolution, Johanna Jones seconded it and it was unanimously adopted.

1109-49: DESIGN, ENGINEERING AND CONSTRUCTION ASSISTANCE FOR THE REPLACEMENT OF TWO UNDERGRADE BRIDGES ON THE RARITAN VALLEY LINE

Two undergrade bridges on the Raritan Valley Line in the City of Plainfield carry the railroad over roadways. In order to maintain reliable and safe train service, these bridges need to be replaced due to deterioration over the years as well as water intrusion. Authorization is requested to contract with HNTB Corporation to provide design, engineering and construction assistance for the replacement of these two bridges at a negotiated fee not to exceed $975,000, plus five percent contingencies.


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1109-50: PURCHASE OF AN OVERHEAD CATENARY INSPECTION VEHICLE

NJ TRANSIT operates and maintains several rail lines which are powered by an overhead catenary system that supplies electricity to power locomotives. Over 95 miles of the catenary system must be inspected, maintained and repaired. The purchase of new catenary inspection vehicle will replace an aging vehicle originally purchased in 1998. This vehicle is used for emergency repairs and scheduled maintenance and will reduce system downtime due to overhead power problems. Authorization is requested to enter into a contract with ARVA Industries, Inc. to purchase a catenary inspection vehicle at a cost not to exceed $1,950,955, plus five percent contingencies.


Executive Director Weinstein presented the following Consent Calendar for approval:

1109-51 : GENERAL BANKING SERVICES

Authorization to enter into a contract (No. 11-033) with Bank of America to provide Banking Services for a period of three years with two one-year options at a cost not to exceed $403,156, subject to the availability of funds.

1109-52: REGULATIONS: READOPTION WITH AMENDMENTS OF N.J.A.C. 16:72 PROCUREMENT POLICIES AND PROCEDURES

Authorization to take all actions necessary to adopt with amendments the regulations, N.J.A.C. 16:72 et seq., Procurement Policies and Procedures, consistent with this Board item and exhibits, put the regulations in the appropriate format and take all other actions necessary to effectuate the final adoption and promulgation of NJ TRANSIT'S Procurement Policies and Procedures.

The Consent Calendar was moved in its entirety by Johanna Jones, seconded by James C. Finkle, Jr. and unanimously adopted.

Public Comments on Non-Agenda Items

There were seven public comments on non-agenda items. Acting Board Secretary Zuczek announced a three minute time limit for speakers.

Garry Pollack said he is a CPA from Union City. Mr. Pollack is concerned about the proliferation of jitney buses in communities that are primarily poor and populated by immigrants. He noted that the jitneys are serving areas in which NJ TRANSIT has reduced service and that jitneys outnumber NJ TRANSIT buses by 20 or 30 to one.

(NJT Board - 09/14/2011)

Murray Bodin thanked the Board for having the meeting in Hoboken. He said it was the only reason he was able to visit the historic station and noted that it is a fantastic building.

Mr. Bodin focused his remarks on the need to equip new buses with digital speedometers rather than the current analog speedometers. He stated that drivers would be more aware of their speeds if they had a large digital read-out rather than the traditional speedometer. Mr. Bodin said the drivers only need to know how fast they are going, not what the oil pressure or coolant level is and said it is a safety issue having all that unnecessary information distracting the drivers when all they need is a digital readout with the speed. Mr. Bodin said he would be at the next Board Meeting because he would like an answer from whoever is responsible for addressing this type of issue.

David Peter Alan addressed the service disruptions resulting from Hurricane Irene. He stated that NJ TRANSIT'S performance was mixed. Mr. Alan said it was ironic that Atlantic City, much of which was evacuated, saw rail service on Monday, while the rest of the State did not. He said flooding affected signals in Trenton, but he does not know why there was no service in North or Central Jersey that day. Mr. Alan expressed frustration with the length of time service was suspended in comparison to other agencies. He requested that a task force be formed with members of the Board, senior management, and the transit advocacy community to investigate the agency's performance.

Mr. Alan said the massive fare increases for the PATH should be revisited. He said now the Port Authority should have plenty of money to contribute to Trans-Hudson mobility.

Mr. Alan stated that, in a personal capacity, he met with Commissioner Simpson, Executive Director Weinstein, and former Board Vice Chairman Shevell with a proposal regarding better communication and transparency of the Board meetings and improvements in the operation of the advisory committees. Mr. Alan said he understands there have been recent difficulties but now that Hurricane Irene is over, he hopes that there will be significant progress on the issues discussed two months ago before the next Board Meeting.

James Raleigh commented that NJ TRANSIT needs to expand its coordination with various agencies in the region. He questioned why PATH and SEPTA were operating before NJ TRANSIT after the recent hurricane. Mr. Raleigh said he had the same questions as David Peter Alan regarding why Atlantic City Rail Line was working but the Morris and Essex diesel engine lines were not operating. Mr. Raleigh questioned what has been done to avoid a repeat of the flooding in Trenton. He said the problem is bigger than NJ TRANSIT, but he wants to know whose responsibility it is to make sure the Trenton Transit Center doesn't flood again and disrupt NJ TRANSIT and Amtrak service in the future. He stated that there needs to be more coordination with Amtrak.

Mr. Raleigh acknowledged the work of the bus drivers who were staged at Liberty State Park on September 1 1,2001.

(NJT Board - 09/14/2011)

Jason Pressman said his firm represents the Rahway Chamber of Commerce and spoke about the conditions at Rahway Rail Station. He noted that the stairs have been out of service for 18 months and the southbound platform elevators for two months. Mr. Pressman said this causes problems for people with disabilities. He read from a letter of a Rahway resident, who has MS and travels with a toddler each day, regarding the difficulties in accessing the station. Mr. Pressman noted that he spoke to Rich Andreski and Paul Wyckoff prior to the Board meeting to discuss the issues.

Joseph Clift opened by recognizing the efforts by the ferry operators on September 11, 2001. Mr. Clift said he thought the Hoboken Terminal was an appropriate location for the Board Meeting since the ferries offered the only accessibility to Manhattan on that day.

Mr. Clift stated that NJ TRANSIT has two overhead catenary vehicles for 95 miles of track. He questioned how many vehicles Amtrak has for its 60 miles of track.

Mr. Clift noted that Bus Operators need better coordination with PATH during service disruptions.

In a Lessons Learned analysis, he recommended that the rail advocates be included in a review of the response to Hurricane Irene.

Mr. Clift stated that Amtrak's inability to mobilize a sufficient number of people to address events that impact service is a major cause of NJ TRANSIT delays.

Andrew Besold is a recent graduate of the Bloustein School. He said there was a recent policy change that prohibits passengers with bicycles from boardinglunboarding at stations with low-level platForms. Mr. Besold said to date, 118 email petitions opposing this change have been sent to NJ TRANSIT. Mr. Besold characterized this action as an "unprecedented regression in policy".

Mr. Besold stated that his senior project and master's degree thesis are on bicycle transportation and that, as a result, he has undertaken extensive research regarding bicycle policy on other transit systems. He is not aware of any other heavy rail system that has a similar policy. Mr. Besold said the new restrictions result in the inability of bicycle riders to use many NJ TRANSIT lines that could have economic consequences (e.g., restricting access to jobs). He cited the number of stations on several lines that are restricted as a result of this policy. Mr. Besold stated that the League of American Bicyclists, a national bicycle organization, is aware of the more restrictive policy and will be contacting NJ TRANSIT on the issue. Mr. Besold gave Acting Board Secretary Joyce Zuczek a printed and CD version of an extensive report he put together regarding the issue.

Adiournment

Since there were no further comments or business, Vice Chairman Meisel called for adjournment and a motion to adjourn was made by Joseph Mrozek, seconded by Johanna Jones and unanimously adopted. The meeting was adjourned at approximately 12:08 p.m.

15

(NJT Board - 0911 411 1)

NEW JERSEY TRANSIT CORPORATION NJ TRANSIT BUS OPERATIONS, INC. NJ TRANSIT RAIL OPERATIONS, INC.

NJ TRANSIT MERCER, INC. NJ TRANSIT MORRIS, INC.

REGULARLY SCHEDULED BOARD OF DIRECTORS' MEETINGS

SEPTEMBER 14,2011

MINUTES

P EXECUTIVE SESSION AUTHORIZATION

> APPROVAL OF MINUTES OF PREVIOUS MEETINGS

> EXECUTIVE DIRECTOR'S MONTHLY REPORT

> ADVISORY COMMITTEE REPORTS

P BOARD COMMITTEE REPORTS *Administration Committee *Capital Planning, Policy & Privatization Committee

> PUBLIC COMMENTS ON AGENDA ITEMS

ACTION ITEMS

1109-46 NEWARK PENN STATION RE-ROOFING: CONTRACT AWARD FOR CONSTRUCTION

Authorization to enter into a contract (No. 11-075XR) with G & M Eastern Contracting, Inc. of Neptune City, New Jersey, for the construction of the Newark Penn Station Re-roofing project at a cost not to exceed $3,068,500, plus five percent for contingencies, subject to the availability of funds.

1109-47 BUS ON-BOARD CAMERA SYSTEM

PAGE

43474

43475

43476

Authorization to enter into a sole source contract with Drive Cam, Inc., of San Diego, California for installation of hardware and a two-year agreement with a three-year extension option for Managed Services, including technical support for 968 MCI Cruiser type buses at a cost of $2,727,924, plus five percent contingencies.

1109-48 UNDERGRADE RAILROAD BRIDGES: ENGINEERING SERVICES TO 43507 PERFORM IN-DEPTH INSPECTIONS, EVALUATIONS AND RATINGS

Authorization to enter into three separate contracts with HNTB Corporation of New York, New York (1 1-064A; TranSystems of Paramus, New Jersey (1 1- 064B); and Hardesty & Hanover, LLP of West Trenton, New Jersey (1 1-064C) to perform in-depth structural inspections, evaluations, and load ratings of

(NJT Board - 09/14/11)

NEW JERSEY TRANSIT CORPORATION NJ TRANSIT BUS OPERATIONS, INC. NJ TRANSIT RAIL OPERATIONS, INC. NJ TRANSIT MERCER, INC. NJ TRANSIT MORRIS, INC. REGULARLY SCHEDULED BOARD OF DIRECTORS' MEETINGS SEPTEMBER 14,2011 MINUTES PAGE 2

thirteen movable undergrade bridges and interim underwater diving inspections of two fixed undergrade bridges, at costs not to exceed $856,293, $566,287 and $644,483, respectively, for a total cost of $2,067,063, plus five percent for contingencies, subject to the availability of funds.

1109-49 DESIGN, ENGINEERING AND CONSTRUCTION ASSISTANCE FOR THE 43510 REPLACEMENT OF TWO UNDERGRADE BRIDGES ON THE RARITAN VALLEY LINE

Authorization to enter into a contract (No. 11-085) with HNTB Corporation New York, New York to provide design, engineering and construction assistance for the replacement of two undergrade bridges spanning Watchung Avenue and Park Avenue in the City of Plainfield on the Raritan Valley Line, at a negotiated fee not to exceed $975,000, plus five percent for contingencies, subject to the availability of funds.

1109-50 PURCHASE OF AN OVERHEAD CATENARY INSPECTION VEHICLE 4351 3

Authorization to enter into a contract (No. 11-040R) with ARVA Industries, Inc. of St. Thomas, Ontario, Canada to purchase a catenary inspection vehicle at a cost not to exceed $1,950,955, plus five percent for contingencies, subject to the availability of funds.

CONSENT CALENDAR

1 109-51 GENERAL BANKING SERVICES

Authorization to enter into a contract (No. 11-033) with Bank of America to provide Banking Services for a period of three years with two one-year options at a cost not to exceed $403,156, subject to the availability of funds.

1109-52 REGULATIONS: READOPTION WITH AMENDMENTS OF N.J.A.C. 16:72 43519 PROCUREMENT POLICIES AND PROCEDURES

Authorization to take all actions necessary to adopt with amendments the regulations, N.J.A.C. 16:72. et seq., Procurement Policies and Procedures, consistent with this Board item and exhibits, put the regulations in the appropriate format and take all other actions necessary to effectuate the final adoption and promulgation of NJ TRANSIT'S Procurement Policies and Procedures.

PUBLIC COMMENTS ON NON-AGENDA ITEMS

EXECUTIVE SESSION AUTHORIZATION

BE IT HEREBY RESOLVED pursuant to N.J.S.A. 10:4-12 and N.J.S.A. 10:4-13 that the Board of Directors of the New Jersey Transit Corporation hold an executive session to discuss contract negotiations and attorney-client, litigation and personnel matters; and

BE IT FURTHER RESOLVED that it is expected that discussions undertaken at this executive session could be made public at the conclusion of these matters as appropriate.

APPROVAL OF MINUTES

WHEREAS, the By-Laws provide that the minutes of actions taken at meetings of the New Jersey Transit Corporation, NJ TRANSIT Rail Operations, Inc., NJ TRANSIT Bus Operations, Inc., NJ TRANSIT Mercer, Inc., and NJ TRANSIT Morris, Inc. Board of Directors be approved by the Board; and

WHEREAS, pursuant to Section 4(f) of the New Jersey Public Transportation Act of 1979, the minutes of actions taken at the July 13, 2011, Board meetings of the New Jersey Transit Corporation, NJ TRANSIT Bus Operations, Inc., NJ TRANSIT Rail Operations, Inc., NJ TRANSIT Mercer, Inc., and NJ TRANSIT Morris, Inc. were forwarded to the Governor on July 15, 201 1 ;

NOW, THEREFORE, BE IT RESOLVED that the minutes of actions taken at the July 13, 201 1 New Jersey Transit Corporation, NJ TRANSIT Rail Operations, Inc., NJ TRANSIT Bus Operations, Inc., NJ TRANSIT Mercer, Inc., and NJ TRANSIT Morris, Inc. Board of Directors' meetings are hereby approved.

Chris Christie, Governor Kim Guadagno, Lieutenant Governor James S. Simpson, Board Chairman James Weinstein, Executive Director

TRANSIT One Penn Plaza East Newark, NJ 07105-2246 973-491 -7000

TO: BOARD OF DIRECTOR FROM: JAMES W. WEINSTEIN DATE: SEPTEMBER 14,201 1

@- SUBJECT: EXECUTIVE DIRECTOR'S REPORT - SEPTEMBER 201 1

As we all know, Hurricane Irene had a major impact on the entire NJ TRANSIT system when it swept through . the State late last month, resulting in downed wires, flooding at stations, washouts on the railroad, and more than 300 downed trees across the rail network. Throughout this event, close coordination with the Governor's office and the Office of Emergency Management was critical, and the early decision to suspend service systemwide ahead of the storm enabled us to ensure the safety of our customers and employees as well as move locomotives, train cars, buses and other equipment where they could be protected from the elements. Thanks to the extraordinary efforts of our employees, the NJ TRANSIT system was fully up and running within 36 hours of the storm ending, with just a few pockets without service.

Turning to today's agenda, NJ TRANSIT'S commitment to safety and reliability are key elements captured in our Scorecard initiative. The FYI 2 capital program supports our Scorecard initiative with continued investment in infrastructure and equipment to maintain the system's state of good repair. For the Board's consideration are several items that demonstrate our commitment to our ongoing state-of-good-repair efforts.

First, we are seeking approval of a construction contract for the re-roofing of Newark Penn Station, a major transportation hub in the NJ TRANSIT network and the City of Newark. Serving three busy commuter rail lines, Newark Light Rail and numerous bus routes, as well as Greyhound, PATH and Amtrak, the historic station can be likened to NJ TRANSIT'S own Grand Central Station. Not only is Newark Penn Station used by nearly 50,000 NJ TRANSIT customers on a typical weekday, but the retail facilities on site serve employees of area businesses, Newark residents, and visitors to the City.

Also for the Board's consideration are contracts to allow in-depth inspections of 15 undergrade bridges across the rail system. As part of our infrastructure maintenance program, NJ TRANSIT in-house staff inspects bridges on an annual basis, augmenting our own inspections with periodic in-depth inspections. We use the results of these detailed inspections to develop a repair and replacement program and to ensure that we achieve a maximum return on our investments.

In the same vein, another item on the agenda will advance the replacement of two undergrade bridges on the Raritan Valley Line, both located in the City of Plainfield. By replacing these bridges, we will ensure continued safe and reliable rail service, and also continue our long-term commitment to Plainfield to repair or replace all 13 railroad bridges in the City. The replacement of these bridges will bring our total completed to nine of the 13.

The final item related to our state-of-good-repair investment is for the purchase of an overhead catenary inspection vehicle, which is used to inspect, maintain and repair the more than 95 miles of overhead wires that supply power to our electric locomotives. One of the two vehicles we currently own has exceeded its useful life. These vehicles are used for both emergency repairs as well as scheduled maintenance, and ensure that personnel have quick and easy access to the overhead wire and support system.

In closing, as we reflect this week on the loth anniversary of the tragic events of September 11, many of us recall that Hoboken Terminal played a critical role in the evacuation efforts that day as people from Manhattan sought refuge, which is why we chose to have this month's Board meeting at this location. Following today's meeting, we will unveil a plaque in the light rail area in honor of the lives lost that day and in recognition of the many NJ TRANSIT employees who stepped up to help others in the hour of need.

EXECUTIVE DIRECTOR'S MONTHLY REPORT SEPTEMBER 201 1

1. PERFORMANCE MEASURES

2. DBUMBE PROGRAM

3. EMPLOYEE RECOGNITION

PERFORMANCE MEASURES

(N JT Board - 0911 411 1)

NJ TRANSIT ON-TIME PERFORMANCE

RAIL AUGUST 2009 - JULY 2011

/ % Trains Reported Within 6 Minutes of Schedule

100% - 99% -

98% -

96.7%

7

92.4%

91% - +2010-2011 91 2% -2009-2010

90% + Aug Sep Oct Nov Dee Jan Feb Mar Apr May June July

4 201 0 201 1 # Change

July comparison 1 92.4% I 93.8% I 1.4% 1 2009-201 0 201 0-201 1 # Change

12-Month Average August - ~ u l y l 94.7% I 94.4% I -0.3% I

Analysis:

Rail On-Time Performance was 93.8% for July 201 1. Of the 18,157 trains scheduled to operate, 17,029 were on time, while 1,128 trains (or 6.2%) were delayed. Key causes included:

Portal Bridge opening for marine traffic on July 14.

Amtrak equipment failure and heavy travel from a Meadowlands concert on July 19

Weather-related equipment and overhead wire problems on July 22.

The 12-month average for Rail On-Time Performance for August 2010 - July 201 1 was 94.4%.

I I

1 (NJT Board - 09/14/11)

-- ON-TIME PERFORMANCE

RAIL

SUMMlhRY BY TIME PERIOD A JULY 2011

% Trains Reported On Time

PEAK OFF-PEAK WEEKEND

\

s.uM y p Y BY LINE JULY 2011

/ % Trains Reported On Time

I NEC NJCL M&E RVL Main-B PVL Montclair-B ACL I

(NJT Board - 0911411 1)

ON-TIME PERFORMANCE BY RAIL LlNE & TIME PERIOD

JULY 2011

NORTHEAST CORRIDOR NORTH JERSEY COAST LlNE

MORRIS 8 ESSEX

98.4%

92.8%

n 80.0% 76.0%


99.0% ' a, u 95.0% - c 'P 91.0% - 6 87.0% - 2 83.0% -

79.0% -

75.0%

Time Period

I PEAK OFF-PEAK W E E K ~ D

96.1% 91.8%

80.9%

-+

Time Period

I Time Period

WEEKEND PEAK OFFSEAK

MAIN-BERGEN

9a.m gaox

100.0% a, 96.0% 0 5 92.0%

88.0% .t, 84.0%

80.0% 76.0%


Time Period

I I PEAK OFFPEAK WEEKEND I

1

I I Time Period I

RARITAN VALLEY LINE

_i I I

1 I PASCAC K VALLEY

MONTC WR-BOONTON

97.3%

84.0% 2 80.0% 76.0%

PEAK OFF-PEAK

Time Period


Time Period

I 1 I ATLANTIC C l W

WEEKDAY WEEKEND

W T E : Tlm 1s nodlUncBon for Um ACL nme period b . h m p d I m d d F p H i C v v k r

/ (NJT Board - 09114111)


BUS AUGUST 2009 - JULY 2011

201 0 201 1 % Change July ~om~arisonl 95.7% I 92.0% I -3.7%

2009-201 0 201 0-201 1 % Change 12-Month Average August - J U I ~ ~ 94.2% I 92.7% I -1.5% I

I

% Buses Departing Major Terminals Within 6 Minutes of Schedule

100% - 98% -

95.5% 96% -

94% -

92% - 92.0% gl.g% 92.0%

90% -

88% -

Analysis:

Bus On-Time Performance was 92.0% for July 201 1. Of the 39,019 monitored departures 3,115 (or 8.0%) experienced delays. Key causes included:

Accidents and disabled vehicles delaying Port Authority buses throughout the month.

The 12-month average for Bus On-Time Performance for August 2010 - July 201 1 was 92.7%.

86% -

84% -

Goal:92.0% +2010-2011 -2009-2010

Aug Sep Oct Nov Dec Jan Feb Mar Apr May June July \

(NJT Board - 09/14/11)

% Buses Departing Major Terminals On Time

Transportation Center

I

(NJT Board - 0911411 1)

f % Light Rail Trains Reported On Time

100% - 98.0% 98.2%

97.2% 97.2% 98% -

m 96% - 98.0% 97.2%

97.6% 97.1%

94% - 95.0%

94.4%

92% -

90% -

Goal: 96.5 88% -

-2010-2011 86% -

-2009-2010

84% 8

Aug Sep Od Nov Dec Jan Feb Mar Apr May June July

Analysis:

I Light Rail On-Time Performance systemwide was 97.2% for the month of July 201 1. Of the 26,148 scheduled

1 trains, 722 (or 2.8%) experienced delays. Key causes included:

1 Severe storms and downed trees delaying River Line service on July 6.

Scheduled track outage impacting Newark Light Rail service on July 16.

Speed restrictions and high temperatures affecting HBLR trains on July 22.

The 12-month average for Light Rail On-Time Performance for August 2010 - July 201 1 was 97.3%.

ON-TIME PERFORMANCE

P

(NJT Board - 0911411 1)


RAIL SEPTEMBER 2009 - AUGUST 201 1

f % Trains Reported Within 6 Minutes of Schedule

\

100% ,I - -

99% - 1 98% -

96.709 97% - 96.5%

95.8% 95.5% 96% -

95% -

94% -

93% -

92% - Goal:95% 92.4%

91% - +201&2011 91.2% ~ 2 0 0 4 2 0 1 0

90% -

Sep Oct Nov Dec Jan Feb Mar Apr May June July Aug \ d

201 0 201 1 # Change August Comparison 1 94.9% I 93.9% I -1 .O% I

2009-201 0 201 0-201 1 # Change 12-Month Average September - ~ugust l 94.6% I 94.3% I -0.3% I

Analysis:

Rail On-Time Performance was 93.9% for August 201 1. Of the 17,630 trains scheduled to operate, 16,562 were on time, while 1,068 trains (or 6.1%) were delayed. Key causes included:

Amtrak equipment failure and freight train interference delaying trains on August 4.

NJ TRANSIT train derailment impacting service on August 9 and 10.

The 12-month average for Rail On-Time Performance for September 2010 - August 201 1 was 94.3%.

- - --

(NJT Board - 0911 411 1) 43487

I 11 ON-TIME PERFORMANCE I I

I SUMMARY BY TIME PERIOD 'AUGUST 201 I I

I I-

% Trains Reported On Time

RAIL


I

SUMM.b&Y BY LINE AUGUST 20j1

f % Trains Reported On Time

100.036

96.0%

92.0%

88.0%

84.0%

80.0%

NEC NJCL MBE RVL Main-B PVL Montclalr-B ACL

(NJT Board - 09/14/11) 43488

ON-TIME PERFORMANCE BY RAIL LlNE & TIME PERIOD

AUGUST 201 1

NORTHEAST CORRIDOR NORM JERSEY COAST LINE

-..-"..".."- 99.0%

a, o 95.0% - C " 91.0% - 6 87.0% -

I---" 93.4%

85.2%

5 83.0% - 84.0% P

79.0% - 80.0%

75.0% -r 76.0%

P E M OFF-PEAK WEEKEND PEAK OFF-PEAK WEEKEND

Time Period Time Period

RARITAN VALLEY LINE 98.7%

---


Time Period

PASCACK VALLEY

97.3% 100.0% -

o, 96.0% - o

92.0% - E 88.0% -

4 84.0% - = 80.0%- I 4 76.0% 1


Time Period

ATLANTIC CIlY'

100.0% p---.----.

; 96.0?10 r, , Li 92.0% 88.0% 84.0%

P 80.0% 76.0%

WEEKDAY WEEKEND

W O E Thul.bnodl-Ibrh.AQ Time Period b.cwrmp.kmdMs..kuv*r

MORRIS (L ESSS

100.0% 96.9%

96.0% - 93.6% o 5 92.0% - 89.0%

88.0% - 0 ..O% -

80.0% - 76.0% .

OFFPEAK WEEKEND PEAK

Time Period

MAIN-BERGEN

98.1% 9 7 . s _ - I _ . . . - - " 100.0% - 97.1%

a, 96.0% - o

92.0% - 6 88.0% -

84.0% - 5 80.0% - 76.0% 1


Time Period

MONTCWR-BOONTON

100*0% kJ 8 96.0% 91.7%

5 92.0% 6 88.0% 84.0% 5 80.0% 76.0%

PEAK OFF-PEAK

Time Period

-

i J

I (NJT Board - 09/14/11)

f" \ % Buses Departing Major Terminals Within 6 Minutes of Schedule

98% -

95.5% 96% - 94.6%

92.0% 91.9% 92.0%

Analysis:

Bus On-Time Performance was 92.7% for August 201 1. Of the 41,159 monitored departures, 3,013 (or 7.3%) experienced delays. Key causes included:

Accidents and disabled vehicles in both the Port Authority Bus Terminal and Lincoln Tunnel delaying Port Authority buses throughout the month.

The 12-month average for Bus On-Time Performance for September 201 0 - August 201 1 was 92.6%.


BUS SEPTEMBER 2009 - AUGUST 201 1

201 0 201 1 % Change August ~om~ar isonl 93.7% I 92.7% I -1 .O% I

2009-201 0 201 0-201 1 % Change 12-Month Average September - ~ u ~ u s t l 94.1 % I 92.6% I -1.5% 1

A

86% -

84%

I

Goal: 92.0% +2010-2011

-2009-2010

-r

Sep Oct Nov Dec Jan Feb Mar Apr May June July Aug \ a4

(NJT Board - 0911411 1)

% Buses Departing Major Terminals On Time

99.5%

Port Authority Bus Newark Penn Atlantic City Bus Walter Rand Hoboken Terminal Terminal Station Terminal Transportation

Center

1 1

(NJT Board - 0911411 1) 43491

ON-TIME PERFORMANCE LIGHT RAIL - SYSTEMWIDE

SEPTEMBER 2009 - AUGUST 201 1 % Light Rail Trains Reported On Time

97.4% 97.5%

97.2% 97.1% 97.1%

94.4% 95.0%

-2010-2011

-2009-2010

Sep Od Nov Dec Jan Feb Mar Apr May June July Aug

Wow StPrtlng May 2007

August ~omparisonl 98.1 %

2009-201 0 201 0-201 1 12-Month Average September - ~ u ~ u s t l 97.6%

Light Rail On-Time Perfonnance systemwide was 97.1 % for the month of August 201 1. Of the 27,078 scheduled trains, 795 (or 2.9%) experienced delays. Key causes included:

Flooding in Camden affecting River Line service on August 14.

Power failure delaying Newark Light Rail trains on August 20.

Earthquake and subsequent visual inspection impacting HBLR service on August 23.

The 12-month average for Light Rail On-Time Performance for September 201 0 - August 201 1 was 97.2%.

I I

(NJT Board - 09/14111)

I ON-TIME PERFORMANCE

SUMMARY BY LINE AUGUST 201 I

I

% Light Rail Trains Reported On Time

I

LIGHT RAIL

(NJT Board - 09/14/11) 43494

NJ TRANSIT - Office of Business Development DBUSBE Participation

Federally Funded Contracts

NJ TRANSIT awarded $1 64,340,330.40 in federal funds October through August of N 11 .* Disadvantaged Business Enterprises (DBEs) received $1 1,960,508.52 or 7.27% in federal- funded contract dollars during this period from either race conscious and race neutral awards.

State Funded Contracts

NJ TRANSIT awarded $22,995,008.00 in state-funded contract dollars July through August FY 12. ** Of that total, Small Business Enterprises (SBEs) received $847,500.00 or 3.68% percent. Category 1 SBEs received $0 or 0 percent. Category 2 SBEs received $0 or 0 percent. Category 3 SBEs received $0 or 0 percent. Category 4 SBEs received $0 or 0 percent. Category 5 SBEs received $847,500.00 or 3.68 percent. Category 6 SBEs received $0 or 0 percent.***

Federal & State Contracts Total

NJ TRANSIT awarded $187,335,338.40 in federal and state contract dollars during this reporting period. Of that total, $12,808,008.52 or 6.83 percent of federal and state contract dollars were won by DBEs and SBEs.

*Fiscal year beginning October 1, 201 1 **Fiscal year beginning July 1, 201 2 ***Cat 1 -Less than $500,000 gross revenues, Cat 2-Less than $5 million, Cat 3-Less than $1 2 million, Cat 4 (construction)-Less than $1 million, Cat 5 (construction)-Less than $17,420,000, Cat 6 (construction)-Up to $33.5 million

DBE PARTICIPATION FEDERALCONTRACTS

FEDERAL FYTD (THROUGH AUGUST FYII)*

DBE RACE NEUTRAL & RACE

NON-DBE CONSCIOUS FEDERAL $1 1,960,508.52 $1 64,340,330.40 7.27% 92.73%

SBE PARTICIPATION STATE CONTRACTS

STATE FYTD (THROUGH AUGUST FY12)"

NONSBE STATE $22,995,008.00 96.32%

Fiscal Year Beginning October 1,201 I * Fiscal Year Beginning July I, 2012"

(This report covers contracts above $29,000)

NJ TRANSIT employees bid farewell after outstandinq careers

Thirty-five NJ TRANSIT employees retired in July with careers ranging from 8 to 41 years of

service:

1. Edward Oliviera, Jr. (Rutherford) Stock Clerk, Meadowlands Garage - 41 years I 2. Antonio Costa (Hasbrouck Heights) Shop Supt. CMF, Newark - 38 years

3. Robert Marcella (Jackson) Stock Specialist, Doremus Avenue - 32 years

4. Gregg Whitlock (Springfield) Depot Master, City Subway - 32 years

I 5. Andrew S. Bogin (Old Bridge) Mechanic, Howell Garage - 31 years

6. Ambrogio G. Campanella (Toms River) Bus Operator, Wayne Garage - 30 years

7. Silverio Conte (Wayne) DGM lnfra Eng., Penn Plaza - 30 years

I 8. Randy S. Lavin (Cliffside Park) Mechanic "A," Fairview Garage - 30 years

9. Diane L. Tomlinson (Union) Supervisor Cash Receipts, GOB - 30 years

10. Pedro Vargas (Clifton) Repairman "A," Fairview Garage - 30 years

11. Raymond Dillman (Jersey City) Manager Revenue Security, GOB - 28 years

12. lglaberto A. Dominguez (Bayville) Manager Access Link Op., Penn Plaza - 28 years

I 13. Frederick J. Richter (Whiting) Bus Operator, Howell Garage - 28 years

14. Elizabeth Rorie (Edison) Secretary, Penn Plaza - 28 years

15. Teresa Merlino (Hammonton) Bus Operator, Egg Harbor - 27 years

16. Joan Pierson (West Windsor) Sr. Director Budgets, Penn Plaza - 27 years

I 17. Edward Kavanagh (Colonia) Light Rail Tech, City Subway - 26 years

18. Ronald McKoy (Union) DGM Rail Finance, Penn Plaza - 25 years

19. Philippa D. Woods (Tinton Falls) Director Int-Modal Coord, Penn Plaza - 25 years

20. Terrence G. Dossantos (Irvington) Repairman, Oradell Garage - 24 years

21. Frank lmpastato (Lackawaxen, PA) Prin. Equip. Eng. Proj. Mgr., Penn Plaza - 24 years

I 22. Martha Massell (Irvington) Depot Master, Market Street - 24 years

23. Pinkey Davis (Paterson) Bus Operator, Wayne Garage - 22 years

24. Emily E. Morgan (Plainfield) Sr. Economist, Penn Plaza - 22 years

25. Addie J. Graham (Paterson) Bus Operator, Wayne Garage - 20 years

26. Geraldine Lowell (Belford) Sr. QAQC Specialist, ROC - 20 years

27. Engline J. Williams (East Orange) Bus Operator, Orange Garage - 20 years

I 28. Steven R. Rosenberg (North Plainfield) Bus OperatorIUnion Official, Oradell - 18 years

I 29. Peter Pierson (West Windsor) Materials Planner, Penn Plaza - 17 years

I 30. Arnold Pompey (Freehold) Bus Operator, Howell Garage - 17 years

I 31. Willie Rollins (Paterson) Bus Operator, Market Street Garage - 16 years

I 32. Derek Pickering (Woodbury) Inspector "A," Newton Avenue - 12 years

(NJT Board - 09/14/11) 43498

33. Fredy A. Samar (Union) Bus Operator, Orange Garage - 12 years

34. Victor C. Callendar (East Orange) Bus Operator, Hilton Garage - 11 years

35. Joseph Mesure (Glen Moore, PA) Sr. Director New Starts, Penn Plaza - 8 years

Fourteen NJ TRANSIT employees retired in August with careers ranging from 21 to 34 years of

service:

1. Stephen Donato (Vincentown) Garage Supervisor, Newton Avenue - 34 years

2. John DeStefano (Philadelphia, PA) Repairman "A," Newton Avenue Garage - 32 years

3. Freddie J. Jenkins, Jr. (Elizabeth) Bus Operator, lronbound Garage - 32 years

4. Vincent Santo (Bergenfield) Starter, PABT - 32 years

5. Patrick Hallen (Colonia) Mechanic, Meadowlands Garage - 31 years

6. Brenda J. Carden (Newark) Light Rail Operator, City Subway - 30 years

7. Garry Gaughan (Galloway) Bus Operator, Egg Harbor - 30 years

8. William A. Rack (Bridgewater) Supt. Shops, Central Maintenance - 29 years

9. Harry Walker (Pleasantville) Bus Operator, Egg Harbor - 26 years

10. Willie G. Davis (East Orange) Bus Operator, Hilton Garage - 25 years

11. Roseanne Ciccarella (Barnegat) Inspector "B," Howell Garage - 24 years

12. Jean Corman (Westfield) Manager Revenue Policy, Penn Plaza - 23 years

13. Michael Sorrentino (Belleville) Network Engineer Specialist, Penn Plaza - 22 years

14. Joseph Barthezus (Union) Bus Operator, lronbound Garage - 21 years

Fifteen NJ TRANSIT employees retired in September with careers ranging from 13 to 34 years

of service:

1. Thomas J. Crappse, Jr. (Franklin Park) Asst. Supt. Transportation, Hoboken - 34 years

2. Sidley O'Neal (East Orange) Manager Stat. & Rev, Newark Penn Station - 33 years

3. Sal Petruzzi (Edison) Repairman "A," Howell Garage - 33 years

4. Michael Bertan (Rockaway) Regional, GOB - 30 years .

5. Linda Duarte (Freehold) Sr. Purchase Agent, Penn Plaza - 30 years

6. Edward P. Williams (Manahawkin) Maintenance Man "A," Howell Garage - 28 years

7. Charles 0. Awodiya (Elizabeth) Regional, GOB - 27 years

8. Lucious Stephens (Jersey City) Trackman, City Subway - 23 years

9. Tony W. Alston (Paterson) Ticket Agent, Port Authority Bus Terminal - 22 years

10. Pauline A. Vassel (Lakehurst) Cleaner, Howell Garage - 22 years

11. Ernesto Couto (Union) Mechanic "A," Doremus Avenue - 20 years

(NJT Board - 09/14/1 I) 43499

12. Dieufaite Mercedat (Union) Bus Operator, Orange Garage - 19 years

13. Joan Morgan (Summit) Bus Operator, Hilton Garage - 18 years

14. Mauro Pisani (Fairview) Bus Operator, Fairview Garage - 15 years

15. Daniel D. Abbey (Newark) Cleaner, Orange Garage - 13 years

ACTION ITEMS

(NJT Board - 0911411 1)

ITEM 1 109-46: NEWARK PENN STATION RE-ROOFING: CONTRACT AWARD FOR CONSTRUCTION

BENEFITS

Located at Raymond Plaza, between Market Street and Raymond Boulevard, Newark Penn Station (also known as Pennsylvania Station) opened in 1935 as one of the centerpieces of the former Pennsylvania Railroad's train network. The station continues to operate as a major transportation hub in the City of Newark. Newark Penn Station is served by NJ TRANSIT'S Newark Light Rail, three commuter lines (Northeast Corridor Line, North Jersey Coast Line and Raritan Valley Line), and numerous bus routes. The station provides connections to Amtrak long-distance trains, the PATH rapid transit system, and local, regional and national bus routes operated by private carriers.

Newark Penn Station is also home to numerous retail facilities that serve the commuters traveling through the station each day as well as employees of area businesses, Newark residents, and visitors to the City.

In Fiscal Year 201 1, 5,970 Newark Light Rail customers, 26,580 NJ TRANSIT commuter rail customers, and 12,500 NJ TRANSIT bus customers traveled through Newark Penn Station each weekday. Of the six New Jersey stations served by Amtrak, Newark Penn Station is the busiest; in Fiscal Year 201 0, an average of 1800 Amtrak customers boarded or detrained at this station each~weekday. Also in Fiscal Year 201 0, an average of 30,000 PATH customers boarded or alighted at this station each weekday.

The roofing system over the passenger platforms is in varying states of deterioration. NJ TRANSIT has identified roof repairs at Newark Penn Station that are needed to ensure continued safe and reliable service. This project will remove all layers of roofing systems in several areas down to the concrete deck and install a new membrane roofing system, including repairs and replacement as necessary of elements of the roof drainage system.

PURPOSE

Authorization of this construction contract will allow for the installation of new roofing and drainage systems and associated masonry repairs over selected rail platforms at Newark Penn Station.

ACTION (Scorecard: Customer Experience)

Staff seeks authorization to enter into a contract (No. 1 I-075XR) with G & M Eastern Contracting, Inc. of Neptune City, New Jersey, for the construction of the Newark Penn Station Re-roofing project at a cost not to exceed $3,068,500, plus five percent for contingencies, subject to the availability of funds.

(NJT Board - 09/14/11)

This item has been reviewed and recommended by the Board Capital Planning Policy and Privatization Committee.

FISCAL IMPACTS

Requested Amount: $ 3,068,500 + 5% contingency

Total Project Cost: $ 4,600,000

Projected Date of Completion: February 201 2

Anticipated Source of Funds: Federal Transit Administration Transportation Trust Fund

Diversity Goal: 15% DBE

NJ Build Amount: $ 5,705

FutureIRelated Authorizations: Newark Penn Station Platform E Structural Repairs

Impacts on Subsequent None Operating Budget: '

(NJT Board - 0911411 1 )

RESOLUTION

WHEREAS, Newark Penn Station, originally opened in 1935, serves as a major transportation hub in the City of Newark; and

WHEREAS, Newark Penn Station serves NJ TRANSIT'S Newark Light Rail, commuter rail, and bus systems as well as Amtrak long-distance trains, the PATH rapid transit system, and local, regional and national bus services operated by private carriers; and

WHEREAS, in Fiscal Year 201 1, 5,970 Newark Light Rail customers, 26,580 NJ TRANSIT commuter rail customers, and 12,500 NJ TRANSIT bus customers traveled through Newark Penn Station each weekday; and

WHEREAS, the roofing system over certain rail platforms at Newark Penn Station is in varying states of deterioration; and

WHEREAS, NJ TRANSIT has identified roof repairs at Newark Penn Station that are needed to ensure continued safe and reliable service; and

WHEREAS, the construction of the Newark Penn Station Re-roofing project will return the roof over these passenger plalforms to a state of good repair and to improve the customer experience; and

WHEREAS, upon completion of a competitive procurement process, it was determined that G & M Eastern Contracting, Inc. was the lowest responsive, responsible bidder for the Newark Penn Station Re-roofing project;

NOW, THEREFORE, BE IT RESOLVED, that the Chairman or Executive Director is authorized to enter into a contract (No. 11-075XR) with G & M Eastern Contracting, Inc. of Neptune City, New Jersey, for the construction of the Newark Penn Station Re-roofing project at a cost not to exceed $3,068,500, plus five percent for contingencies, subject to the availability of funds.

(NJT Board - 09/14/11)

ITEM 11 09-47: BUS ON-BOARD CAMERA SYSTEM

BENEFITS

NJ TRANSIT currently operates 712 buses with the Drive Cam on-board camera system to safeguard its passengers, employees, and rolling stock through video surveillance. This new technology allows for a unique operating perspective on recording "events" on coaches as well as recording data on collisions. All transit buses currently on order through 2014 will be delivered with the Drive Cam system as original equipment. To enhance system safety and security as well as fleet uniformity, the remaining 968 cruiser buses will be retrofitted with the Drive Cam system.

In addition to camera system hardware, the project includes two years of managed services to be provided by Drive Cam, Inc. Drive Cam is currently contracted to provide daily reviews of video images including prioritization, transmission, archiving of data, camera system diagnostics and provides cellular transmission costs.

The Drive Cam system operates either by operator activation or automatically during an event such as an accident. System provides benefits relative to security, operational safety, and claims administration.

PURPOSE

Enhanced on-board security is a priority for NJ TRANSIT. Camera systems such as Drive Cam have proven effective tools in enhancing on-board passenger security, operational safety and claims administration. The Drive Cam system was first installed at the Big Tree depot on 74 buses in 200612007 and expanded to buses at Newton Avenue and Washington Township depots. Based on results, the Drive Cam system was made original equipment on all new buses as part of the ongoing NAB1 procurement.

ACTION (Scorecard: Safety and Security)

Staff seeks authorization to enter into a sole source contract with Drive Cam, Inc., of San Diego, California for installation of hardware and a two-year agreement with a three-year extension option for Managed Services, including technical support for 968 MCI Cruiser type buses at a cost of $2,727,924, plus five percent contingencies.

This item has been reviewed and recommended by the Board Administration Committee.

(NJT Board - 0911411 1)

FISCAL IMPACTS

Requested Authorization:

Total Project Cost:

Estimated Project Duration:

Anticipated Source of Funds:

Diversity Goal:

Related Authorizations:

Impacts on Subsequent Operating Budgets:

$2,727,924 plus 5% for contingencies (hardware, installation, implementation support, and subscription service)

$2,727,924 plus 5% contingencies

October 201 1 -July 201 2

FYI 2 Capital Programs

NIA - Sole Source Contract

October 2006 $354,000 Drive Cam Big Tree Pilot Program

June 2009 $593,800 Drive Cam South Jersey Installation

$570 per bus per year for Managed services and Telecommunication costs

(NJT Board - 09/14/11)

RESOLUTION

WHEREAS, NJ TRANSIT seeks to safeguard its passengers, employees, and rolling stock through video surveillance; and

WHEREAS, new technology allows for a unique operating perspective on recording "events" on coaches as well as recording data on collisions; and

WHEREAS, this system and service is available only through Drive Cam, Inc. of San Diego, California; and

WHEREAS, the system and services to be installed are already installed on over 700 NJ TRANSIT buses, and standard equipment on all new buses on order; and

WHEREAS, pursuant to N.J.A.C. 16:72, competitive procurement regulations may be waived in instances where only one source of supply is available; and

WHEREAS, it has been determined that Drive Cam, Inc. is certified to be the solelsingle source for the installation of hardware and a two-year agreement with a three-year extension option for managed services in accordance with NJ TRANSIT Procurement Regulations N.J.A.C. 16:72 and Executive Order 37;

NOW, THEREFORE, BE 1T RESOLVED that staff seeks authorization to enter into a sole source contract with Drive Cam, Inc., of San Diego, California for installation of hardware and a two-year agreement with a three-year extension option for Managed Services, including technical support for 968 MCI Cruiser type buses at a cost of $2,727,924, plus five percent contingencies.

ITEM 11 09-48: UNDERGRADE RAILROAD BRIDGES: ENGINEERING SERVICES TO PERFORM IN-DEPTH INSPECTIONS, EVALUATIONS AND RATINGS

BENEFITS

NJ TRANSIT is responsible for maintaining 659 undergrade bridges, which carry rail traffic over roads, waterways, and other features. These bridges are periodically inspected in- depth and evaluated and rated for repair and maintenance or replacement if necessary. The periodic inspections are critical to maintaining the infrastructure in a state-of-good repair which is necessary to provide safe and reliable service for customers.

PURPOSE

NJ TRANSIT is responsible for maintaining a safe and reliable bridge infrastructure throughout its rail system. Bridges are inspected annually by in-house staff, augmented by periodic in-depth structural inspections, evaluations and load-ratings that are critical elements of the infrastructure maintenance program and meet Federal Railroad Administration regulatory obligations.

The results of these detailed inspections provide NJ TRANSIT with information to develop a repair and replacement program and permit periodic condition assessment, monitoring degrees of deterioration, optimization of maintenance effort, and prioritization for capital improvements. These contracts will provide in-depth structural, mechanical, electrical and underwater inspections, evaluations, and load-ratings for thirteen movable undergrade railroad bridges as well as interim underwater diving inspections of two fixed undergrade railroad bridges included in NJ TRANSIT'S Bridge Scour Monitoring Program. These inspections are a necessary step in the maintenance program and will allow NJ TRANSIT to achieve maximum return on its investments.

ACTION (Scorecard: Safety and Security, Corporate Accountability)

Staff seeks authorization to enter into three separate contracts with HNTB Corporation of New York, New York (1 1-064A; TranSystems of Paramus, New Jersey (1 1-064B); and Hardesty & Hanover, LLP of West Trenton, New Jersey (1 1-064C) to perform in-depth structural inspections, evaluations, and load ratings of thirteen movable undergrade bridges and interim underwater diving inspections of two fixed undergrade bridges, at costs not to exceed $856,293, $566,287 and $644,483, respectively, for a total cost of $2,067,063, plus five percent for contingencies, subject to the availability of funds.


(NJT Board - 09/14/11)

FISCAL IMPACTS

Requested Authorization: $ 2,067,063 plus 5% contingencies $ 856,293 (Contract No. 1 1 -064A) $ 566,287 (Contract No. 1 1 -064B) $644,483 (Contract No. 11-064C)

Total Project Cost: Ongoing program

Projected Date of Completion: Oct. 2012

Anticipated Source of Funds: TTF- FY 1211 3

SBE Goal: 15% per contract

FutureIRelated Authorizations: None

RESOLUTION

WHEREAS, NJ TRANSIT is responsible for maintaining 659 undergrade bridges, which carry rail traffic over roads, waterways, and other features; and

WHEREAS, periodic evaluation of all undergrade bridges is necessary to ensure service reliability and safe train operations; and

WHEREAS, the results of these bridge inspections provide the basis for developing capital bridge repair and painting programs; and

WHEREAS, upon completion of a competitive procurement process, it was determined that HNTB Corporation, TranSystems and Hardesty & Hanover, LLP were identified as the top ranked firms providing the most qualified technical proposal;

NOW, THEREFORE, BE IT RESOLVED that the Chairman or Executive Director is authorized to award separate contracts to HNTB Corporation of New York, New York (1 1-064A); TranSystems of Paramus, New Jersey (1 1-064B); and Hardesty & Hanover of West Trenton, New Jersey (11-064C) to perform in-depth structural inspections, evaluations, and load ratings of thirteen movable undergrade bridges and interim underwater diving inspections of two undergrade bridges, at costs not to exceed $8!56,293, $566,287 and $644,483 respectively, for a total cost of $2,067,063, plus five percent for contingencies, subject to the availability of funds.

(NJT Board - 0911411 1)

ITEM 11 09-49: DESIGN, ENGINEERING AND CONSTRUCTION ASSISTANCE FOR THE REPLACEMENT OF TWO UNDERGRADE BRIDGES ON THE RARITAN VALLEY LINE

BENEFITS

NJ TRANSIT owns and maintains undergrade bridges on the Raritan Valley Line in the City of Plainfield, New Jersey, spanning Watchung Avenue and Park Avenue. Replacement of these two undergrade bridges substructure and restoration of the substructures will restore them to a state-of-good-repair. The replacement will ensure a continued safe and reliable service, and continue NJ TRANSIT'S long-term commitment to the City of Plainfield to rehabilitate or replace all thirteen railroad bridges in the City. With this project, NJ TRANSIT will have rehabilitated or replaced nine of these bridges.

PURPOSE

NJ TRANSIT'S bridges in the City of Plainfield, which carry the railroad over roadways, were constructed in 1908 and are in need of repair. The overall condition of the bridges has deteriorated over the years due to water intrusion and deterioration of the structural steel members and masonry abutments. The project will include the replacement of the deteriorated structures, repairing the masonry abutments and increasing the bridges vertical clearance which is currently substandard. Replacement of these bridges is necessary to ensure the long-term safe and reliable operation of train service.

ACTION (Scorecard: Safety and Security, Corporate Accountability)

Staff seeks authorization to enter into a contract (No. 11-085) with HNTB Corporation of New York, New York to provide design, engineering and construction assistance for the replacement of two undergrade bridges spanning Watchung Avenue and Park Avenue in the City of Plainfield on the Raritan Valley Line, at a negotiated fee not to exceed $975,000, plus five percent for contingencies, subject to the availability of funds.


FISCAL IMPACT

Requested Contract Authorization: $975,000 + 5% contingency

Total Project Cost: $8,500,000

Projected Date of Completion: October 201 2

Anticipated Source of Funds: TTF

(NJT Board - 0911411 1)

Diversity Goal:

FutureIRelated Authorizations:

Impacts on Subsequent Operating Budgets:

0% SBE

$7,500,000 Construction Services

None

(NJT Board - 0911411 1)

RESOLUTION

WHEREAS, NJ TRANSIT owns and maintains two undergrade railroad bridges spanning Watchung Avenue and Park Avenue in the City of Plainfield on the Raritan Valley Line; and

WHEREAS, the replacement of the bridges' superstructures and restoration of the substructures will restore those bridges to a state-of-good-repair to ensure the long-term safe and reliable operation of train service; and

WHEREAS, following a competitive procurement process HNTB Corporation was identified as the top ranked firm at the best value and is in the best interest of NJ TRANSIT;

NOW, THEREFORE, BE IT RESOLVED that the Chairman or Executive Director is authorized to enter into a contract .(No. 11-085) with HNTB Corporation of New York, New York to provide design, engineering and construction assistance for the replacement of two undergrade bridges spanning Watchung Avenue and Park Avenue in the City of Plainfield on the Raritan Valley Line, at a negotiated fee not to exceed $975,000, plus five percent for contingencies, subject to the availability of funds.

(NJT Board - 09/14/11)

ITEM 1 109-50: PURCHASE OF AN OVERHEAD CATENARY INSPECTION VEHICLE

BENEFITS

NJ TRANSIT operates and maintains several rail lines which are powered by an overhead catenary system that supplies electricity to power locomotives. Over 95 miles of catenary system must be inspected, maintained, and sometimes repaired with specialized equipment such as a catenary inspection vehicle.

Purchase of a new catenary inspection vehicle will replace an aging vehicle originally purchased in 1998, one of two presently used on NJ TRANSIT property. Catenary inspection vehicles allow NJ TRANSIT employees to make repairs and changes to the catenary system. The vehicles are based in Summit and Red Bank for convenient access to both Hoboken and Newark Division lines.

These vehicles are used for both emergency repairs and scheduled maintenance and are designed so that the catenary repair personnel have easy access to the running wire and associated support system. The units are used for quick response to system electrical problems resulting in smoother rail operations and reductions in system downtime due to overhead power problems, ultimately resulting in improved service for customers.

PURPOSE

Authorization will provide for the purchase of a new catenary inspection vehicle to be used by maintenance forces of the electric traction department to inspect, maintain, and repair NJ TRANSIT'S overhead catenary system. This purchase will replace one of the two catenary inspection vehicles presently in operation which has started to develop issues with the drive, electrical and hydraulic systems.

ACTION (Scorecard: Customer Experience, Corporate Accountability)

Staff seeks authorization to enter into a contract (No. 11-040R) with ARVA Industries, Inc. of St. Thomas, Ontario, Canada to purchase a catenary inspection vehicle at a cost not to exceed $1,950,955, plus five percent for contingencies, subject to the availability of funds.


FISCAL IMPACT

Requested Contract Authorization: $1,950,955 + 5% contingency

(NJT Board - 09114/1 I)

Total Project Cost:

Anticipated Contract Start:

Projected Date of Completion:

Anticipated Source of Funds:

Diversity Goal:

FutureIRelated Authorization:

October 201 1

October 201 2

TTF 1

Second Catenary Vehicle - 2 years after receipt of first - $2,048,505 estimated

(NJT Board - 09/14/11)

RESOLUTION

WHEREAS, NJ TRANSIT owns and maintains over 95 miles of electrified railroad in the State of New Jersey; and

WHEREAS, the maintenance and inspection of the catenary system requires specialized equipment; and

WHEREAS, the existing catenary inspection vehicles are over 13 years old and require replacement; and

WHEREAS, following a competitive procurement process, ARVA Industries Inc. submitted the lowest responsive, responsible bid for the purchase of an overhead catenary inspection vehicle;

NOW, THEREFORE, BE IT RESOLVED that the Chaiman or Executive Director is authorized to enter into a contract (No. 11-040R) with ARVA Industries, Inc. of St. Thomas, Ontario, Canada to purchase an overhead catenary inspection vehicle at a cost not to exceed $1,950,955, plus five percent for contingencies, subject to the availability of funds.

I CONSENT CALENDAR (

(NJT Board - 0911411 1)

ITEM 11 09-51 : GENERAL BANKING SERVICES

BENEFITS

This authorization will enable NJ TRANSIT to reduce costs while maintaining the current level of general banking services.

PURPOSE

NJ TRANSIT requires the systematic gathering of information concerning its collections, disbursements and balances to effectively manage the funds of the company. This authorization will allow NJ TRANSIT to enter into an agreement to provide the following services: Manual and electronic acceptance of deposits, optimal account structure and funds concentration, check disbursements (payroll, accounts payable, and customer refunds), electronic disbursements including wire and ACH payments, lockbox remittance services, control and reconciliation, investment of funds, and information reporting and archiving. Additionally, customer service and competitive bank product offerings for NJ TRANSIT and its employees are required.

ACTION (Scorecard: Financial Performance)

Staff seeks authorization to enter into a contract (No. 11-033) with Bank of America to provide Banking Services for a period of three (3) years with two (2) one-year options at a cost not to exceed $403,156, subject to the availability of funds.


FISCAL IMPACTS

Requested Authorization: Contract for general banking services at a cost not to exceed $403,156 for the five-year period

Total Project Cost: $403,156

Projected Date of Completion: September 30, 2016

Anticipated Source of Funds: Operating Budget

Diversity Goals: 0%

RelatedlFuture Authorizations: NIA

Impact on Subsequent Operating $80,631 annually: Oct 201 1 - Sep 2016 Budgets:

(NJT Board - 09/14/11)

RESOLUTION

WHEREAS, NJ TRANSIT staff has identified an opportunity to maintain the current service at a lower cost; and

WHEREAS, upon completion of a competitive procurement process, it was determined that Bank of America was the lowest responsive, responsible bidder to provide banking services to NJ TRANSIT;

NOW, THEREFORE, BE IT RESOLVED that the Chairman or Executive Director is authorized to enter into a contract (No. 11-033) with Bank of America to provide general banking services for a period of three (3) years with two (2) one-year options at a cost not to exceed $403,156, subject to the availability of funds.

(NJT Board - 09114111)

ITEM 11 09-52: REGULATIONS: READOPTION WITH AMENDMENTS OF N.J.A.C. 16:72 PROCUREMENT POLICIES AND PROCEDURES

BENEFITS

The readoption with amendments of N.J.A.C. 16:72, Procurement Policies and Procedures, will allow NJ TRANSIT to continue to provide statewide transit services to the public on a daily basis and support NJ TRANSIT'S capital improvement program, resulting in a better quality of services to the public and the improvement and maintenance of the infrastructure for the public's use in the future. The procedures delineated in the rules provide protection of the interest of the general public and of the potential vendors/contractors.

PURPOSE

In accordance with Executive Order No. 66 (1 978) N.J.A.C. 16:72, Procurement Policies and Procedures, expired May 10, 201 1 (Exhibit A) but were extended to November 6, 2013. The proposed readoption with amendments was filed before the expiration date with the New Jersey Office of Administrative Law which extended the expiration date 180 days to November 6, 201 1. In addition, due to a recent change in legislation and in accordance with N.J.S.A. 52: 14b-5. I c, all rules have been extended an additional two years which further extends the expiration date to November 6, 2013. This regulation was in the readoption process prior to the legislative change.

N.J.A.C. 16:72 contains the requirements governing NJ TRANSIT'S procurement of goods and services, as well as the debarment, suspension and disqualification of a person from doing business with NJ TRANSIT.

The proposed readoption was published in the New Jersey Register on June 6, 201 1 (Exhibit B). The proposed amendments clarify words and definitions, updates the website link, and adds language to reflect the use of electronic bidding. A summary of the proposed amendments are described in (Exhibit C). The comment period expired August 5,201 1 and no comments were received.

ACTION (Scorecard: Corporate Accountability)

Staff seeks authorization to take all actions necessary to adopt with amendments the regulations, N.J.A.C. 16:72 et seq., Procurement Policies and Procedures, consistent with this Board item and exhibits, put the regulations in the appropriate format and take all other actions necessary to effectuate the final adoption and promulgation of NJ TRANSIT'S Procurement Policies and Procedures.

(NJT Board - 0911411 1)


FISCAL IMPACTS

Requested Authorization: Adopt the regulations N.J.A.C. 16:72 et seq. Procurement Policies and Procedures

Total Project Cost: NIA

Projected Date of Completion: NIA

Anticipated Source of Funds: NIA

Diversity Goal: NIA - No goods or services to be procured.

Related /Future Authorizations: NIA

Impacts on Subsequent Operating Budgets: NIA

(NJT Board - 0911411 1)

RESOLUTION

WHEREAS, staff seeks authorization to take all actions necessary to adopt the regulations N.J.A.C. 16:72 et seq., Procurement Policies and Procedures; and

WHEREAS, in accordance with Executive Order No. 66 (1978) N.J.A.C. 16:72, Procurement Policies and Procedures, expired May 10, 2011 (Exhibit A) but were extended to November 6, 2013. The proposed readoption with amendments was filed before the expiration date with the New Jersey Office of Administrative Law which extended the expiration date 180 days to November 6, 201 1. In addition, due to a recent change in legislation and in accordance with N.J.S.A. 52:14b-5.lc, all rules have been extended an additional two years which further extends the expiration date to November 6,2013; and

WHEREAS, the readoption with amendments of the Procurement Policies and Procedures will allow NJ TRANSIT to continue to provide statewide transit services to the public on a daily basis and support NJ TRANSIT'S capital improvement program, resulting in a better quality of services to the public and the improvement and maintenance of the infrastructure for the public's use in the future. The procedures delineated in the rules provide protection of the interest of the general public and of the potential vendors/contractors; and

WHEREAS, the proposed readoption was published in the New Jersey Register on June 6, 2011 (Exhibit B). The proposed amendments clarify words and definitions, updates the website link, and adds language to reflect the use of electronic bidding. A summary of the proposed amendments are described in (Exhibit C). The comment period expired August 5,201 1 and no comments were received;

(NJT Board - 0911411 1)

NOW, THEREFORE, BE IT RESOLVED that the Chairman or Executive Director or his designee is hereby authorized to take all actions necessary to adopt N.J.A.C. 16:72 et seq. consistent with this Board item and exhibits, put the regulations in the appropriate format, and to take all other actions necessary to effectuate the final adoption and promulgation of NJ TRANSIT'S Procurement Policies and Procedures.

(NJT Board - 0911 411 1) 43523

EXHIBIT A

TRANSIT PROCUREMENT POLICIES & PROCEDURES 16:72-1.1

CHAPTER 72 SUBCHAPTER 2. BIDDlh'G PROCEDURES 16:72-2.1 Advertising of bids

NEW JERSEY TRANSIT PROCUREMENT POLICIES 16:72-2.2 Bid bonds AND PROCEDURES 16:72-2.3 Performance and payment bonds

16:72-2.4 Prequalification of firms for capital projects Authority 16:72-2.5 Amendment of Invitation for Bids

16:72-2.6 Cancellation of Invilations before opening

N.J.S.A. 2A:44-143,27:25-5(e) and 27:25-1 1; 16:72-2.7 Time of bid submission 16:72-2.8 Receipt and safeguarding of bids

49 U.S.C. $85301 et seq.; and 49 CFR Part 18. 16:72-2.9 Bid opening 16~72-2.10 Late bids -

Source and Effective Date R2006 d.208, effective May 10,2006.

See: 37 N.J.R 4902(a), 38 N.J.R 251 1(a).

16:72-2.11 Responsive bids 16:72-2.12 Rejection of all bids 16:72-2.13 Rejection of individual bids 1672-2.14 Bv- ass of low bidders 16:72-2.15 ~aihematical calculations

Chapter Expiration Date 16:72-2.16 Initialing of price changes 16:72-2.17 Waiver of minor informalities or irregularities in bids

Chapter 72, New Jersey Transit Procurement Policies and Procedures, 16:72-2. 18 ~i~ bids expires on May 10,201 1. 16:72-2.19 Bid errors

16:72-2.20 Award Chapter Historical Note 16:72-2.21 Procedures and forms

Cha~tcr 72. New Jersev Transit Procurement Policies and Procedures, was adopted as R.1981 2.176, effective June 4, 1981. See: 13 N.J.R. 158(a), 13 N.J.R. 374(d).

Pursuant to Executive Order No. 66(1978), Chapter 72, New Jersey Transit Procurement Policies and Procedures, was readopted as R.1986 d.134, effective March 31, 1986. See: 18 N.J.R. 404(a), 18 N.J.R. 847(c).

Pursuant to Executive Order No. 66(1978), Chapter 72, New Jersey Transit Procurement Policies and Procedures, was readopted as R1991 d.206, effective March 20, 1991. See: 23 N.J.R. 290(a), 23 N.J.R. 11480).

Pursuant to Executive Order No. 66(1978), Chapter 72, New Jersey Transit Procurement Policies and Procedures, expired on March 20, 1996.

Chapter 72, New Jersey Transit Procurement Policies and Procedures, was adopted as new rules by R.1996 d.239, effective May 20, 1996. See: 28 N.J.R. 1358@), 28 NJ.R 2566(b).

Pursuant to Executive Order No. 66(1978), Chapter 72, New Jersey Transit Procurement Policies and Procedracs, was readopted as R.2001 d.191, effective May 14, 2001. See: 33 NJ.R 987(a), 33 N.J.R. 1 924(b).

Chapter 72, New Jersey Transit Procurement Policies and Procedures, was readopted by R2006 d.208, effective May 10,2006. See: Source and Effective Date. See, also, section annotations.

CHAPTER TABLE OF CONTNTS

SUBCHAPTER 1. GENERAL PROVISIONS 16:72-1.1 Source for public information 16:72-1.2 Definitions 16:72-1.3 Competition 16:72-1.4 Responsible contractors 16:72-1.5 Methods of procurement 16:72-1.6 Records of procurement actions 16:72-1.7 Execution of contracts 16:72-1.8 Specifications 16:72-1.9 hrrchase descriptions 16:72-1.10 Out-of-State vendors 16:72- 1.1 1 (Reserved)

SUBCHAPTER 3. REQUESTS FOR PROPOSALS

16:72-3.1 Solicitation of proposals 16:72-3.2 Form of proposal 16:72-3.3 Amendment of request for proposals 16:72-3.4 Cancellation of requests before opening 16:72-3.5 Receipt and safeguarding of proposals 16:72-3.6 Late proposals 1672-3.7 Evaluation of proposals 1672-3.8 Negotiations 16:72-3.9 Rejection of all proposals 16:72-3.10 Rejection of individual proposals 16:72-3.11 Debriefing 16:72-3.12 Award 16:72-3.13 Procedures and forms 16:72-3.14 (Resewed)

SUBCHAPTER 4. DEBARMENT, SUSPENSION AND DISQUALIFICATION OF PERSONS

16:724.1 Causes for debarment of a oerson(s) 16:72-4.2 Conditions affecting thc dibarmeniof a pcnon(s) 16:724.3 Procedures, period of debarment and scow 16:72-4.4 Causes for suspension of a person(s) 16:724.5 Conditions for suspension of a puson(s) 16:72-4.6 Procedures, period of suspension and scope of

suspension affecting the suspension of a pcrson(s) 16:72-4.7 Disaualification of a msonfsb 16:72-4.8 in tint of debarment,'susper;sbn or disqualification 16:72-4.9 Prior notice by NJ TRANSIT 16:72-4.10 List of debarred, suspended, or disqualified persons 16:72-4.11 Discretion

SUBCHAPTER 1. GENERAL PROVISIONS

16:72-1.1 Source for public infor~nation

The public may receive infomation concerning NJ TRANSIT'S procurement program by contacting the Procurement Department, NJ TRANSIT, One Penn Plaza East, Newark, New Jersey 07 105-2246 or www.nitransit.com/ db-ur.shtml.

43524

EXHIBIT A

16:72-1.1 DEPT. OF TRANSPORTATION

Amended by R1990 d.539, effective January 7, 1991. "Performance bond" means a guarantee, provided prior to See: 22 NJ .R 2460(8), 23 N.1.R 119(b).

Text on description of organization deleted, text on source for public execution of a contract, in the form of a bond that the information modified from section 1.2. successful bidder will complete the contract as agreed and Amendad by R1994 6-21 1, effective May 2,1994. that NJ TRANSIT will be protected from loss in the event the See: 26 NJ.R 908(b), 26 N.J.R 1842(a). vendor fails to complete the contract as agreed. Amended by R.2006 d.208, effective June 5,2006. See: 37 N.1.R 4902(a), 38 N.J.R. 2511(a). "Person" means any natural person, company, fm,

Insated "or www.nitransit.com/dbsr.shW. association, corporation, or other entity.

16:72-1.2 Definitions "Procurement" means the awarding of contracts for construction, alterations, supplies, equipment, repairs or

he following words and t e r n , when used in this chapter, maintenance, or for rendering any services to NJ TRANSIT. shall have the following meanings unless the context clearly indicates otherwise: "Suspension" means an exclusion from NJ TRANSIT

contracting for a temporary period of time, pending the "Affiliates" means persons having an overt or covert completion of an investigation or legal proceedings.

relationship such that any one of them directly or indirectly controls or has the power to control another. "Tegn contract" means a contract in which a source or

sources of supply are established for a specified period of "Bid security" means a guarantee, in the form of a bond or time, usually characterized by an estimated or definite

deposit consisting of a cashier's check, certified check or minimum quantity, with the possibility of additional irrevocable letter of credit that the bidder, if selected, will requirements beyond the minimum, all at a predetermined accept the contract as bid; otherwise, the bidder or its unit price. guarantor will be liable for the amount of the loss suffered by NJ TRANSIT, which loss may be partially or completely "Vendor" means any person, co~liltion, Or other

recovered by NJ TRANSrr in exercising its rights against the entity which provides or offers or proposes to provide goods

bond or deposit. or services to or perform any contract for NJ TRANSIT.

y - o n ~ ~ g m means any an?mgement giving rise to an Amended by R1990 d.539, effectiw January 7 , 1991. See: 22 N J.R. 2460(a), 23 NJ.R. 119(b). to supply a n y t h k or perfom any service for NJ T e t on fm hfmatjon recodified to section 1.1;

TRANSIT, other than by virtue of employment, or to supply definitions recodified from section 1.3, with "Director" a d 'Division" ~nythhg to or perform any service for a private or public delcted and "Payment bwd" and "Vendor" added. person where NJ TRANSIT provides substantial financial Anended by El994 621 1, effective May 2,1994. assistance and retains the right to approve or disapprove the See: 26 26 N.J.R. L&12(a).

Amended by R. 1996 d.239, effective May 20,1996. nature or quality of the goods or services or the persons who 28 N.J,R 1358@), 28 N,J.R 2566(b). may supply or perform the same. Amended by R2006 6208, effective June 5,2006.

See. 37 N.J.R 4902(a), 38 N.J.R 2511(a). "Days" means calendar days unless otherwise specified. In the definition of " D e b m t " deleted the commas following both

occumnces of "failure". "Debarment" means an exclusion 6om NJ TRANSIT

contncting, on the bbas of a lack of responsibility evidenced 16:,2-13 Camptition by an offense, failure or inadequacy of performance, for a

reasonable period of time commensurate with the seriousness ~ 1 1 purchases, whether by formal advertising or otherwise, of the offense, failure or inadequacy of performance. shall be made on a competitive basis to the maximum

"Disqualification" means a debarment or suspension which practicable extent. denies or revokes a qualification to bid or otherwise engage in hended by R1990 d.539, effective January ,, 1991. NJ TRANSIT contracting which has been granted or applied se: 22 N.J.R 2460(a), 23 N.J.R 119(b). for pursuant to statute, or rules and regulations. Definitions recodified to section 1.2; text on competition recodified

From section 1.4. "Line item" means a procurement item specified in the

Invitation for Bids for which the bidder is asked to give 16:72-1.4 Responsible individual pricing information.

(a) Procurements shall be made h m , and contracts shall "NJ means the New Iersey Transit Corporation be awarded to, responsible contractors only. A responsible which was established by N.J.S.A. 27325-1 et seq. and its contractor is one who mccll the following st.ndards: subsidiaries.

"Payment bond" means a guarantee in the form of a bond 1. Has adequate financial resources, or the presently that the vendor will pay an of its obligations to its sub- certifiable ability to obtain such resources, as required contractors and suppliers and that NJ TRANSIT subcon- d h J Z the performance of the contract, if adequate security tractors and suppliers will be protected from loss in the event is not otherwise furnished; that the vendor fails to make payment as agreed. 2. Is able to comply with the required or proposed

delivery or performance schedule;

72-2

- -

(NJT Board - 0911 411 1) 43525

EXHIBIT A


3. Has a satisfactory record of performance or the suance of a request for proposal to a minimum of three equivalent; vendors and subsequent negotiation, except where determined

by the Executive Director or his or her designee, in writing, 4. Has a satisfactory record or reputation of integrity; that an method of procurement is in NJ 5. Is otherwise qualified and eligible to receive an TRANSIT'S best interest.

award under applicable laws and regulations; (d) Procurement-by-exception: The requirements of (a),

6. Has the necessary organization, experience, (b) and (c) above may be waived under the following operational controls and technical skills, or the ability to and the purchase or contract in such obtain them; and manner as the Executive Director, or his or her designee, may

7. Has the necessary production, cons~ct ion and determine is in the best interest of NJ TRANSIT: technical equipment and facilities, or the ability to obtain 1. The acquisition of public or private entities engaged them. in the provision of public transportation service, used (b) NJ TRANSIT shall establish procedures for public transportation equipment or existing public trans-

determining whether a prospective contractor has met the portation facilities or rights of way; standards of a responsible contractor.

2. The purchase of perishable foods or subsistence (c) A prospective contractor shall be deemed not supplies;

responsible with respect to a specific matter for which bids 3. The leasing of such office space, office machinery, are solicited when NJ TRANSIT has previously held it in specialhed equipment, buildings or real as may be default on a contract for that matter. required for the conduct of NJ TRANSITS business;

(d) All contractors must be authorized to do business in the State of New Jersey. 4. The acquisition of any real property by gift, grant,

purchase or any other lawful manner in the name of and for (e) Disclosure shall be made by all prospective contractors the use of NJ TRANSIT for the purpose of the

of names and addresses of all stockholders andlor partners administration of NJ TRANSIT'S business in accordance holding 10 percent or more interest in the fm. with appropriations made therefor when moneys are

required for the acquisition; Amended by R1990 6539, effective January 7,1991. See: 22 NJ.R 2460(a), 23 NJ.R 119(b). 5. The procurement of supplies or services for which Text on competition recodified to section 1.3; text on respons~ble the bid advertising therefor are not reasonable

wnbacloIs recodified horn section 1.5. Amended by R.2006 d.208, effective June 5,2006. or have not been independently amved at in open See: 37 N.J.R 4902(a), 38 N.J.R. 251 l(a). competition, provided that no negotiated purchase, con-

In (a), substi~ed "Procurwnents" for ' P r o c m a t " and inserted a tract, or agreement may be entered into under this comma following "resources" in (a)l. paragraph after the rejection of all bids received unless:

16:72-1.5 Methods of procurement i. Notification of the intention to negotiate and reasonable opportunity to negotiate shall have been

(a) Invitation for bid: Except as provided in (c) and (d) given by NJ TRANSJT to each responsible bidder; below, the formal advertising procedures contained in N.J.A.C. 16:72-2 shall be followed for all purchases or ii. The negotiated price is lower than the lowest contracts in excess of the amounts determined pursuant to rejected bid price of a responsible bidder; and Section 2 of P.L. 1954, c.48 (N.J.S.A. 52:34-7). iii. Such negotiated price is the lowest negotiated

(b) Quotation: Except as provided in (c) and (d) below, price offered by any responsible supplier.

purchases or contracts not in excess of the amounts deter- 6. The purchase is to be made from, or the contract to mined pursuant to Section 2 of P.L. 1954, c.48 (N.J.S.A. be made with, the Federal or any State government or any 52:34-7) shall be made: agency or political subdivision thereof;

1. For purchases up to and including $5,000- 7. The public exigency requires the immediate delivery minimum of one quote; of the articles or performance of the service;

2. For purchases 6om $5,001 up to and including 8. Only one source of supply is available; S 15,000-minimum of two verbal quotes; and

9. More favorable terms can be obtained h m a 3. For purchases fiom $15,00 1 up to the amount primary source of supply;

determined in (a) above - minimum of two written quotes. 10. Articles of wearing apparel are to be purchased (c) Request for proposaldnegotiations: The procurement which are styled or seasonal in character;

of professional and technical services in excess of the amounts determined pursuant to Section 2 of P.L. 1954, c.48 11. Commodit~es traded on a national commodity ex-

change are to be purchased and fluctuations of the market (N.J.S.A. 52:34-7) shall be accomplished through the is- mquke Mmediatc action;

72-3 SUPP. 6-5-06

- - -

EXHIBIT A

DEPT. OF TRANSPORTATION

12. The equipment to be purchased is of a technical nature and the procurement thereof without advertising is necessary in order to assure standardization of equipment and interchangeability of parts in the public interest;

13. The procurement of services to be performed by the contractor personally under the supervision of the Exec- utive Director, or his or her designee, and paid for on a time basis; and

14. To acquire or overhaul motorbuses, light rail vehicles, rail cars, locomotives, signal systems or fare collection systems.

(e) Authority for procurement-by-exception: The authority for procurement under the circumstances listed above rests with the Executive Director for procurement transactions not in excess of the amounts determined pursuant to Section 2 of P.L. 1954, c.48 (N.J.S.A. 52:34-7). Transactions in excess of the amounts determined pursuant to Section 2 of P.L. 1954, c.48 (N.J.S.A. 52:34-7) will require approval as may be set forth in the By-Laws of NJ TRANSIT.

( f ) Fragmentation of requirements: NI TRANSIT'S purchase requirements shall not be split into parts for the purpose of avoiding the provisions of (a), @), or (c).

Amended by R1986 d.2, effective February 3, 1986. See: 17N.J.R. 2867(a), 18N.J.R. 308(c).

Ib): "500.00" changed to "$ 2.000" and "SZ.OOO" chaneed to "S5.000." ~ k & d e d by R 1990 2.539, effective ~anuaty 7,199 1. See: 22 NJ.R 2460(a), 23 N.J.R. 119(b).

Text on responsible contractors recodified to section 1.4; text on methods of procurement recodified h m section 1.6; with alternative procurement provisions added. Amended by R. 1994 d.211, effective May 2, 1994. See: 26 N.J.R. 908(b), 26 N.J.R. 1842(a). Amended by R. 1996 d.546, effective December 2, 1996. See: 28 NJ.R. 4181(a), 28 N.J.R. 5078(b). Amended by R.2001 d.38, effectivc January 16,2001. See: 32 N.J.R. 3751(a), 33 N.J.R 285(a).

R e m t e (b). Amended by R2006 d.204 effective June 5,2006. See: 37 N.J.R. 4902(a), 38 N.J.R 25 1 1 (a).

Substituted "the mount determined in (a) above" for "$25,000" in (b)3; in (d), insetted "and the purchase or contract made in such manner as the Executive Director, or his or her designee, may detmine is in the best interest of NJ TRANSIT'.

16:72-1.6 Records of procurement actions

In all procurement actions, each purchasc order or contract file shall be supported by documentation of actions taken with respect to the procurement, including f m l disposition, sufficient to constitute a full history of the transactions. Records on bids and proposals shall be maintained for a period of seven years.

Recodifid by R1991 d.539, effective January 7, 1991. S a : 22 NJ.R 2460(a), 23 N.J.R. 119@).

Text on methods of procuranent recodified to section 1.5; text on records of procurement actions recodjfied from section 1.7.

16:72-1.7 Execution of contracts

Any contract or instrument shall be deemed properly executed when signed by the Executive Director of NJ

TRANSIT or his designee. No contract or purchase order shall be entered into unless all applicable requirements of law and these regulations have been met, and the approval of the Board of NJ TRANSIT obtained when required.

Recodified by R.1991 d.539, effective January 7, 1991. See: 22 N.J.R. 2460(a), 23 N.J.R. 119(b).

Text on records of procurement actions recodified to section 1.6; text on execution of contracts recodified from section 1.8.

16:72-1.8 Specifications

Plans, drawings, or specifications shall state only the actual minimum needs of NJ TRANSIT and describe the work to be performed in a manner which encourages maximum competition and eliminates, insofar as possible, any restrictive features which might limit acceptable offers to a relatively few bidders. Specifications, plans and drawings without reference to brand names or items manufactured by a single company shall be used to the maximum extent possible.

Amended by R. 1990 d.539, effectivc Januvy 7,1991. See: 22 N.J.R. 2460(a). 23 NJ.R. 1 19(b).

Text on specifications recodified from section 1.9, with stylistic changes.

16:72-1.9 Purchase descriptions

(a) A purchase description may be used in lieu of a specification, where the use of a specification is not feasible.

1. A purchase description should set forth the essential characteristics and functions of the item or materials required.

2. Purchase descriptions shall not be written so as to specify a product, or a particular feature of a product, peculiar to one manufacturer, unless it is determined that the particular feature is essential to NJ TRANSIT'S requirements, and that similar products of other companies lacking the particular feature would not meet the minimum requirements for the item.

3. Generally, the minimum acceptable purchase description is the identification of a requirement by use of a brand name followed by the words "or equal".

i. Where a "brand name or equal" purchase description is used, prospective contractors must be given the opportunity to offer products other than .those specifically referenced by brand name if such other products will meet the needs of NJ TRANSIT in essentially the same manner as those referenced.

Amended by R.1990 d.539, effective January 7, 1991. See: 22 N.J.R. 2460(a), 23 NJ.R. 119(b).

Text on specifications recodified to section 1.8; text on purchase descriptions recodified from section 1.10.

16:72-1.10 Out-of-State vendors

All out-of-State corporations that wish to do business with NJ TRANSIT shall be afforded seven days to register with the Secretary of State of New Jersey, after notification by NJ TRANSIT of the intent to award that out-of-State fm a

EXHIBIT A


contract. Failure to provide either certification or notification of filing with the Secretary of State within the seven-day period may constitute cause for rejection of that fum's bid or proposal.

Recodified by R.1991 d.539, effective January 7, 1991. See: 22 N.J.R. 2460(a), 23 N.J.R. 119(b).

Text on purchase descriptions recodified to section 1.9; text on out- of-State vendors recodified from section 1 . 1 1 .

16:72-1.11 (Reserved)

Recodified by R1991 d.539, effective January 7, 1991. See: 22 N.J.R 2460(a), 23 N.J.R. 119(b).

Text on out-of-State vendors recodified to section 1.10.

price shall be required of the successful bidder when a contract for public buildings, or other public works or improvements is awarded to secure fulfillment of the contractor's obligations specified in the contract. The bond percentage required, based upon NJ TRANSIT'S assessment of the risks presented to the State by the type of contract and other relevant factors, shall be identified in the bid documents prior to the contract bidding date. NJ TRANSIT may waive the bond requirement entirely if the contract is for a sum not exceeding $200,000. In determining whether to waive the bond requirement, KJ TRANSIT shall consider the following:

1. Thc nature and extent of the work to be performed;

SUBCHAPTER 2. BIDDING PROCEDURES

16:72-2.1 Advertising of bids

The advertisement for bids shall be placed in such newspaper or newspapers selected by NJ TRANSIT that will give best notice thereof to bidders. Advertisements shall be made a minimum of 20 calendar days in advance of the bid opening. The advertisement shall designate the time and place, when and where sealed bids shall be received and publicly ~pened and read, and such other terms as NJ TRANSIT may deem proper.

Amended by R1990 d.539, effective January 7,1991. Set: 22 N.J.R. 2460(a), 23 N.1.R 119(b).

Deposit with bid deleted, unless specified.

16:72-2.2 Bid bonds

A bid bond or a deposit consisting of a cashier's check, certified check or irrevocable letter of credit drawn to the order of NJ TRANSIT in an amount to be determined by NJ TRANSIT, but not exceeding 50 percent of the bid, shall accompany all bids to serve as a guarantee that the bidder will, upon acceptance of its bid, execute such contractual documents as may be required within 10 working days after issuance of a notice of intent to award. Any bonds submitted pursuant to this section must be executed by surety

2. The availability of potential bidders to perform the work; and

3. The financial and other capabilities of the potential bidders.

(b) A performance bond of less than 100 percent of the contract or some other form of security as set forth in the bid specifications prior to bid opening may be required, at NJ TRANSIT'S sole discretion, of the successful bidder when a contract for other procurements is awarded to secure fulfillment of the contractor's obligation specified in the contract.

(c) In accordance with N.J.S.A. 2A:44-143 as amended, a payment bond not to exceed 100 percent of the contract price shall be required of the successful bidder when a contract for public buildings, or other public works or improvements is awarded to protect f m s or persons supplying labor or materials to the contractor/subcontractor for the performance of work provided for in the contract. The bond percentage required, based upon NJ TRANSIT'S assessment of the risks presented to the State by the type of contract and other relevant factors, shall be identified in the bid documents prior to the contract bidding date. NJ TRANSIT may waive the bond requirement entirely if the contract is for a sum not exceeding $200,000. In determining whether to waive the bond requirement, NJ TRANSIT shall consider the following:

I. The nature and extent of the work to be performed; companies licensed to do business in the State of New Jersey. 2. The availability of potential bidders to perform the Any letters of credit shall be issued by Federally insured work; and financial institutions.

Amended by R1990 d.539, effective January 7, 1991. See: 22 N.J.R. 2460(a), 23 N.J.R. 119(b).

3. The financial and other capabilities of the potential bidden.

Stylistic changes. Amended by R 1994 d.211, effective May 2, 1994. (d) A payment bond of less than 100 percent of the See: 26 N.J.R. 908(b), 26 N.J.R. 1842(a). contract or some other form of security as set forth in the bid Amended by R2006 d.208, effective June 5,2006. specifications prior to bid opening may be required, at NJ See: 37 N.J.R. 4902(a), 38 N.J.R. 25 1 ](a).

Deleted "(proposal)" following the fmt occurrence of "bid" in the TRANSIT'S sole discretion, of the successful bidder when a

fust sentence and s u b s t i m for 66any77 at the begiMing of the contract for other procurements is awarded to protect firms or second sentence. persons supplying labor or materials to the contractorlsub-

contractor for the performance of work provided for in the 16:72-23 Performance and payment bonds contract.

(a) In accordance with N.J.S.A. 2A:44-143 as amended, a performance bond not to exceed 100 percent of the contract

(NJT Board - 09/14/11)

EXHIBIT A

16:72-23 DEPT. OF TRANSPORTATTON

(e) Performance and payment bonds must be executed by submitting bids on the Invitation or if the lack of such surety companies licensed to do business in the State of New information would be prejudicial to uninformed bidders. Jersey.

Amended by R. 1990 d.539, effective January 7,1991. Amended by R1990 d.539, effective January 7,1991. See: 22 N.J.R. 2460(a), 23 N.J.R. 1 1!3(b). See: 22 NJ.R 2460(a), 23 NJ.R. 119(b). Amendment issuance and display requirements deleted.

Payment bond of 100°? changed to performance bond of less than Amended by R.19% d.239. effective May 20, 1996. 100%. See: 28 N.J.R. 1358(b), 28 N.J.R 2566(b). Amended bv R1995 d.570. effective November 6.1995. See: 27 N.~.R 2375(a). ~ ~ N . J . R . 4445(a). Amended by R.2006 d.208, effective June 5,2006. See: 37 N.J.R. 4902(a), 38 NJ.R 251 1(a).

Inswted the last occurrence of "or" in the fmt sentence.

16:72-2.6 Cancellation of Invitations before opening

(a) Invitations for Bids should not be cancelled unless cancellation is in NJ TRANSIT'S interest. such as where thcre is no longer a requirement for the supplies or services or

16:72-2.4 Pro-qualification of firms for capital projects where amendments to the hvitation would be of such (a) Prospective contractors, prior to bidding on improve- magnitude that a new Invitation is desirable.

ments to capital facilities and equipment, must be pre- qualified as to the character or amount of work or both for (b) Where an Invitation is cancelled, bids which have been

received shall be returned unopened to the bidders and a which sre pemitted bib' prequnlifi- Of cancellation be sent to d l prospective bid&. cation shall be based on all factors relating to contractor responsibility as set forth in N.J.A.C. 16:72-1.4, and any to whom Invitations for Bids were issued.

pertinent information relating to the qualifications df Ameaded by R.1990 d.539, effective ~anuary 7,1991. contractors. See: 22 N J.R 2460(a), 23 N.J.R. 119(b).

Certain notice muirements deleted at Cbl. (a) Such pre-qualification, as noted in (a) above, shall be

2 ~ . ~ " , & $ $ ~ ~ , " . ~ ~ ~ 7 5 " ~ $ . 5 9 200606 assigned contractors based on information submitted by them Substiwe, "NJ - ~ r ~ ~ for ~ N J -SITS" in (a). in response to a questionnaire provided bv NJ TRANSIT. A prosp;ctive conirktor dissatisked with k pre-qualification 16:72-2.7 ofbid submission classification may request an informal hearing to present additional infonndon to jusw a different classification. Bids shall be submitted so as to be received in the office ~ f t e ~ hearing the additional evidence, NJ Transit may, in its designated in the Invitation for Bids not later than the exact discretion, change or modify the bidder's classification. time set for opening of bids.

Amended by R.1990 d.539, effective January 7, 1991. See: 22 N.J.R 2460(a), 23 N.J.R 119(b).

Stylistic changes. Amended by R. 1 994 d 2 11, effective May 2,1994. See: 26 N J.R 908(b), 26 N. J.R. 1842(a). Amended by R1996 d.239, effective May 20,1996. See: 28 N.J.R. 1358(b), 28 N.J.R. 2566(b).

16:72-2.5 Amendment of Invitation for Bids

(a) If, after issuance of an Invitation for Bids, but before the time for bid opening, it becomes necessary to make changes in quantity, specifications, delivery schedules, opening dates, etc., or to correct a defective or ambiguous Invitation, such changes shall be accomplished by issuance of an amendment to the Invitation for Bids.

1. The amendment shall be sent to everyone to whom Invitations have been furnished.

2. The amendment shall be issued a reasonable time before the scheduled bid opening. If necessary the bid opening will be rescheduled at the discretion of the Contracting Officer.

(b) Any information given to a prospective bidder concerning an Invitation for Bids shall be fbniihed promptly to all other prospective bidders, as an amendment to the Invitation, if such information is necessary to the bidders in

Case Ndes

Late submission of bid, which ocarrred af&r bidder was directed by building security guard to m n g office, was not material violation of public biddiug law and procedures; New Jersey Transit was entitled to waive defect Turner Const. Co. v. New Jersey Transit Corp., 2% N.J.Super. 530,687 A.2d 323 (A.D.1997).

16:72-2.8 Receipt and safeguarding of bids

(a) All bids received prior to the time of opening shall be kept secure, and, except as provided in (b) below, unopened. If an Invitation for Bids is cancelled, or if a bidder effectively withdraws his bid prior to the time set for opening of bids, all bids, or the withdrawn bid, as the case may be, shall be returned to the bidders.

(b) Unidentified bids may be opened solely for the purpose of identification and then immediately resealed. A record of this event shall be kept in the bid file.

Amended by R1990 d.539, effective January 7, 1991. See: 22 N.J.R. 2460(a), 23 N.J.R 119(b).

R m d requirement added at (b).

16:72-2.9 Bid opening

All bids shall be publicly opened and, when practicable, read aloud. An abstract of all bids shall be prepated.

(NJT Board - 0911411 1)

EXHIBIT A


16:72-2.10 Late bids

Bids not received prior to or at the time designated for formal bid opening shall not be considered and shall be returned to the bidder unopened

Late submission of bid, which occurred after bidder was diicted by building security guard to wrong office, was not material violation of public bidding law and procedures; New Jersey Transit was entitled to waive defect. Turner Const. Co. v. New Jersey Transit Corp., 2% N.J.Super. 530,687 A.2d 323 (A.D. 1997).

16:72-2.11 Responsive bids

To be considered for award, a bid must comply in all material respects with the Invitation for Bids so that, both as to the method and timeliness of submission and as to the substance of any resulting contract, all bidders may stand on an equal footing and the integrity of the formal advertising system may be maintained.

Amended by R1990 d.539, effective January 7,1991 See: 22 NJ.R. 2460(a), 23 NJ.R 119(b).

Title of mle changed.

C u e Notts Late submission of bid, which o c c d after bidder was directed by

building security guard to wrong office, was not material violation of public bidding law and procedures; New Jersey Transit was entitled to waive defect. Turner Const. Co. v. New Jersey Transit Corp., 296 N.J.Super. 530,687 A.2d 323 (A.D.1997).

16:72-2.12 Rejection of all bids

(a) Invitations for Bids may be cancelled after opening but prior to award and all bids -rejected, where NJ TRANSIT determines that:

1. Inadequate or ambiguous specifications were given in the Invitation;

2. The supplies or services being purchased are no longer required;

3. The Invitation for Bids did not provide for consideration of all factors of cost to NJ TRANSIT;

4. Bids received indicate that the needs of NJ TRANSIT can be satisfied by a less expensive item differing fiom that for which bids were solicited;

5. All otherwise acceptable bids received are at unreasonable prices;

6. Bids were not independently arrived at in open competition, were collusive, or were submitted in bad faith; or

7. For other reasons, cancellation is in the best interests of NJ TRANSTT.

Amended by R.1990 6539, effective January 7,1991. See: 22 N.J.R. 2460(a). 23 N.J.R. l19(b).

Record requirement added at (b).

16:72-2.13 Rejection o f individual bids

(a) Any bid which materially fails to confonn to the requirements of the Invitation for Bids shall be rejected.

@) Any bid which imposes conditions which would modify requirements of the Invitations for Bids or l i t the bidder's liability to NJ TRANSIT sM1 be rejected.

(c) Bids received born firms determined to be not responsible shall be rejected.

(d) Where a bidder fails to furnish bid security in accordance with the material requirements of the Invitation for Bids, the bid shall be rejected.

(e) Where a bid fails to comply with all material Equal Employment Opportunity (EEO), Disadvantaged Business Enterprise @BE), and Small Business Enterprise (SBE) requirements expressed in an Invitation for Bids, the bid shall be rejected.

Amended by R 1990 d.539. effective January 7, 1991. See: 22 N.J.R 2460(8), 23 N.J.R. 1 19(b).

Delivery schedule requirement deleted. Amended by R1996 d.239, effective May 20,1996. See: 28 N.1.R 1358(b). 28 NJ.R. 2566(b). Ameaded by R 2 W d.208, effective June 5,2006. See: 37 N.J.R. 4902(a), 38 N.J.R. 2Sll(a).

Substituted "Equal Employment O p p o d t y (EEO). Disadvantaged Business Enterprise @BE), and Small Business Enterprise (SBE)" for "EEO/DBEn in (e).

16:72-2.14 By-pass of low bidden

If the low bidder is by-passed, a memorandum stating the justification shall be prepared for the file and a letter explaining the decision shall be forwarded to the bidder.

Amended by R1990 d.539, effective January 7,1991. See: 22N.J.R. 2460(a), 23 N.J.R 119(b).

Stylistic changes.

16372-2.15 Mathematical calculations

(a) After the bids are opened and read, they shall be compared on the basis of the correctly determined summation of the correctly determined products of all the quantities for contract line items shown in the bid multiplied by the unit prices bid. The results of such comparisons shall be made available to the public. Award shall be made on the basis of the correct total conlract price.

(b) In the event of a discrepancy between the unit price bid for any contract line item and the extension shown for that item under the column of the bid designated "Amount", the unit price shall govern.

@) A record of the cancellation of Invitations for Bids 1. Where a unit price is bid for a contract l i e item, but shall be kept in the bid file. no extension is provided, NJ TRANSIT shall provide the

(NJT Board - 09/14/11)

EXHIBIT A

extension based on the unit price bid and the estimated quantity for that contract item.

2. Where an extension is provided by the bidder in the "Amount" column, but no unit price appears in the "Unit Price" column of the bid, NJ TRANSIT shall provide the unit price by dividing the "Amount" figure provided by the bidder by the estimated quantity.

3. Where no figure is provided by the bidder in both the "Unit Price" and "Amount" columns for one or more contract line items or where no figure is provided in the "Amount" column for one or more "Lump Sum" contract line items, the bid shall be considered to be non-responsive and shall be rejected.

Amended by R1990 d.539, effective January 7,1991. See: 22 N.J.R. 2460(a), 23 N.J.R. 1 19(b).

Stylistic changes.

16:72-2.16 Initialing of price changes

Price changes in bids shall be initialed by the vendor in the bid submitted to NJ TRANSIT.

Amended by R. 1990 d.539, effective January 7, 1991. See: 22 N.J.R. 2460(a), 23 NJ.R. 119(b).

Stylistic changes.

Case Notes


deficiency. Turner Const. Co. v. New Jersey Transit Corp., 296 N.J.Super. 530,687 A.2d 323 (A.D.1997).

16:72-2.18 Tie bids

(a) In the event that the correct total contract prices submitted by two or more vendors are identical, NJ TRANSIT shall award the contract based on a relative comparison of the following factors:

1. Delivery advantage, considering time, distance, convenience and facilities of vendor;

2. History of vendor's performance.

(b) When none of the distinguishable characteristics in (a) above are available, NJ TRANSIT shall, if practicable, provide for contract award by splitting the award. If splitting the award is not practicable, award will be made by a single toss of a coin.

Amended by R.1990 d.539, effective January 7,1991. See: 22 N J.R. 2460(a), 23 N.J.R. 1 19(b).

Coin toss added to-(b).

16:72-2.19 Bid errors

(a) While bidders normally shall be expected to be bound by their bids, circumstances exist where correction or withdrawal of bids is permitted.

Failure of successful bidder for public contract with New Jmey Transit to initial cross-out for item in lump-sum bid price was minor 1. A bidder shall not be permitted to correct a bid deficiency. Tmer Const. Co. V. New Jersey Transit Corp., 296 mistake after bid opening that would cause the bidder to N.J.Super. 530,687 A.2d 323 (A.D.1997). have the low bid unless the mistake is clearly evident fiom

examining the bid document, e.g., clerical errors in exten- 16:72-2.17 Waiver of minor informalities o r irregular- sions and additions.

ities in bids 2. The apparent low bidder shall be permitted to correct

(a) NJ TXANSIT reserves the right to waive any minor a material mistake of fact in its bid, including price, when inf0IYfMlities Or irregularities in a bid not in compliance with the intended bid is obvious from the bid document. Such the specifications, terms and conditions of the Invitation for bidder shall not be permitted to conect a bid for mistakes Bids. or errors in judgment.

1. A minor informality or irregularity is one which is merely a matter of form or is some immaterial variation fiom the exact requirements of the Invitation for Bids, having no effect on quality, quantity or delivery of the supplies or performance of work being procured, and the correction or waiver of which would not affect the relative standing of, or be otherwise prejudicial to, other bidders.

2. NJ TRANSIT may give the bidder the opportunity to cure any deficiency resulting from a minor informality or irregularity in a bid, or may waive any such deficiency where it is to the advantage of NJ TRANSIT.

Amended by R. 1990 d.539, effective January 7, 199 1. See: 22 N.J.R. 2460(a), 23 N.J.R. 1 19(b).

Stylistic changes.

3. in lieu of bid correction, NJ TRANSIT may permit a low bidder alleging a material mistake of fact to withdraw its bid when there is reasonable proof that a mistake was made and the intended bid cannot be ascertained with reasonable certainty. Such bidder shall not be permitted to withdraw its bid for mistakes or errors in judgment.

4. An otherwise low bidder shall not be permitted to withdraw material exceptions to the bid conditions or specifications; however, such bidder may be permitted the opportunity to furnish other information called for by the Invitation for Bids and not supplied due to oversight, so long as it does not affect responsiveness.

5. Correction of bid mistakes after bid award shall be subject to the same proof as corrections before award and

Case Notes after bid opening, with the further requirement that no

Failure of successful bidder for public with New Jersey correction shall be permitted that would cause the contract Transit to initial cross-out for item in lump-sum bid price was minor price to exceed the next low bid.

EXHIBIT A

TRANSIT PROCUREMENT POLICIES & PROCEDURES 16:72-35

Amended by R.1996 d.239, effective May 20,1996. See: 28 NJ.R. 1358(b), 28 NJ.R 2566(b).

Tom, Inc. v. New Jersey Transit Corp., 263 N.J.Super. 353, 622 A.2d 1335 (A.D.1993), certification denied 134 N.J. 485,634 A.2d 531.

16:72-2.20 Award 16:72-3.2 Form of proposal

(a) Unless all bids are rejected, award shall be made by NJ Proposals shall be delivered to NJ TRANSIT in accordance TRANSIT within the time for acceptance specified in the bid with the RFP instructions. or extension thereof, to that responsible bidder whose bid,

Amended by R1990 d.539, cffective January 7, 1991 conforming to the Invitation for Bids, will be most advan- See: 22 N.J.R, 2460(a), 23 N,J.R 19(b). tageous to NJ TRANSIT, price and other factors considered, Stylistic changes. for contracts other than contracts for the construction or Amended by R1996 d.239, effective May 20,1996.

improvement of capital facilities. See: 28 N.J.R. 1358(b), 28 N.J.R. 2566(b).

(b) Unless all bids are reiected, award shall be made by NJ 16:72-3.3 Amendment of request for proposals TRANSIT within the time -for acceptance specified in thd bid or extension thereof to the lowest responsible bidder for contracts for the construction or improvement of capital facilities. This provision shall not apply to design, build or design, build, maintain and operate projects, or affect NJ TRANSIT'S minority and women business enterprise, equal employment opportunity or affirmative action programs or limit NJ TRANSIT's right to extend, add or resume work on

(a) If after issuance of a request for proposal, but before the time of receipt, it becomes necessary to make changes in scope, delivery deadline, closing dates, or any other part of the proposal or to correct a defective or ambiguous RFP, such changes shall be accomplished by issuance of an amendment of the RFP. The amendment shall be sent to everyone to whom RFPs have been furnished.

any project.

Amended by R.2001 d.191, effective June 4,2001. See: 33 N.J.R. 9B7(a), 33 N.J.R. 1924(b).

Rewmte the section.

16:72-2.21 Procedures and forms

NJ TRANSIT shall develop such procedures, forms and

. . directives as may be necessary to cany out these regulations.

SUBCHAPTER 3. REQUESTS FOR PROPOSALS

16:72-3.1 Solicitation of proposals

Proposals for professional and technical services shall be solicited in a manner which maximizes the opportunity for competition unless otherwise provided in N.J.A.C. 16:72- l.S(c).

Amended by R.1990 d.539, effective January 7, 1991. See: 22 N.J.R. 2460(a), 23 N.J.R. 11 9(b).

Reference to section 1.6 added. Amended bv R2006 d.208. effective June 5.2006. See: 37 N.JR 4902(a), 38 N.J.R 25 1 l(a). .

Substituted "N.J.A.C. 16:72-1.5(c)" for"NJ.A.C. 16:72-1.q~)".

(b) Any information given to a prospective proposer concerning an RFP shall be furnished promptly to all other prospective proposers as an amendment to the RFP if such information is necessary to the proposers in submitting proposals on the RFP or if the lack of such information would be prejudicial to uninformed proposers.

Amended by R. I990 d.539, effective January 7.1991. See: 22 NJ .R 2460(a), 23 NJ.R 119(b). .

Amendments include any part of proposal. Amended by R1996 d.239, effective May 20, 1996. See: 28 N.J.R. 1358(%), 28 N.J.R 2566(b).

16:72-3.4 Cancellation of requests before opening

(a) Requests for Proposals should not be cancelled unless cancellation is in N J TRANSIT's interest, such as where there is no longer a requirement for the services or where amendments to the RFP would be of such magnitude that a new RFP is desirable.

1. Where an RFP is cancelled, proposals which have been received shall be returned unopened to the proposers and a notice of cancellation shall be sent to all prospective proposers to whom RFPs were issued. The notice of cancellation shall identify the RFP and briefly explain the reason the RFP is being cancelled.

Case Notes Amended bv R. 1990 d.539. effective lanuan 7.1991. - -

Procedures used to determine route operations did not violate statutes, s": 2 2 246qa)9 2iN.~R. 19(b). regulations, or Transit Board policies. Academy Bus Tours, Inc. v. New Sty1istic changes. Jersey Transit Corp., 263 N.J.Super. 353, 622 A.2d 1335 (A.D.1993), Anended by R.2006 d.208, effective June 59 2006. certification denied 134 N.J. 485,634 A.2d 531. See: 37 N.J.R. 4902(a), 38 N.J.R. 251 I(a).

In (a), deleted "clearly" and substituted "NJ TRANSIT'S" for "the Adequacy of Transit Board of Directors contracting-out program. public".

Academy Bus Tours, Inc. v. New Jersey Transit Corp., 263 N.J.Supcr. 353, 622 A.2d 1335 (A.D.1993), certification denied 134 N.J. 485, 634 16:72-3,5 Receipt and safeguarding of proposals A.2d 531.

(a) All proposals received prior to the time of opening State agency must consider policy before court be kept secure, and except as provided in (b) below,

determine whether it compl~ed with federal requirements. Academy Bus unopened. If an RFP is cancelled, or if a proposer effectively

EXHIBIT A


withdraws its proposal, all proposals, or the withdrawn proposal, as the case may be, shall be retumed to the proposers.

(b) Unidentified proposals may be opened solely for the purpose of identification and then immediately resealed. A record of this event shall be kept in the RFP file.

Amended by R1990 d.539, effective January 7, 1991. See: 22 N.J.R 2460(a), 23 N.J.R 119(b).

Record requirement added to (b).

16:72-3.6 Late proposals

Proposals not received prior to or at the time designated for formal receipt shall not be considered. Late proposals shall be returned to the proposer unopened.

16:72-3.7 Evaluation of proposals

Proposals shall be opened, evaluated and ranked consistent with State andlor Federal law. General evaluation criteria established by NJ TRANSIT shall be outlined in the RFP.

Amended by R1990 d.539, effective January 7,1991. See: 22 NJ.R 2460(a), 23 N.J.R. 119(b).

Refwmce to statutes added. Amended by R19% d.239, effective May 20,1996. See: 28 N.J.R. 1358(b), 28 N.J.R 2566(b). Amended by R2006 d.208, effective June 5,2006. See: 37 N.J.R.4902(a),38N.J.RUll(a).

Inserted "cstablished by NJ TRANSIT".

16:72-3.8 Negotiations

Negotiations may be conducted with proposers whose proposals are considered to be competitive in accordance with State and Federal law.

Amended by R.1990 d.539, effective January 7, 1991. See: 22 N.J.R 2460(a), 23 N.J.R. 119(b).

Reference to statutes added.

16:72-3.9 Rejection of all proposals

(a) Requests for proposals may be cancelled after opening but prior to award and all proposals rejected, where NJ TRANSIT determines in writing that:

1. Inadequate or ambiguous specifications were given in the RFP;

2. The services being purchased are no longer required;

3. The RFP did not provide for consideration of all factors of cost to NJ TRANSIT.

4. All otherwise acceptable proposals received were at unreasonable prices;

5. Proposals were not independently arrived at in open competition, were collusive, or were submitted in bad faith; or

6. For other reasons, cancellation is in the best interest of NJ TRANSIT.

Amended by R.1990 d.539, effective January 7,1991. See: 22 NJ.R. 2460(a), 23 NJ.R. 119(b).

Text on consultant selection committee deleted, text on qection of all proposals recodified from section 3.10.

16:72-3.10 Rejection of individual proposals

(a) Any proposal which materially fails to conform to the requirements of the WP's shall be rejected.

(b) Proposals received fiom firms determined to be not responsible shall be rejected.

Amended by R 1990 d.539, effective January 7,1991. Sec: 22 N.J.R. 2460(a), 23 NJ.R 119(b).

Text on rejection of all proposals recodified to section 3.9; text on rejection of individual proposals recodified from sectioo 3.1 1.

16:72-3.11 Debriefing

Upon written request, unsuccessful offerors shall be informed in general terms, through a debriefing, only of reasons for non-acceptance of their proposals without disclosing other offerors' proprietary data.

Amended by R1990 d.539, effective January 7, 1991. See: 22 N.J.R. 2460(a), 23 NJ.R 119(b).

Text on rejection of individual proposals recodified to section 3.10; text on debriefmg recodifid from section 3.12.

16:72-3.12 Award

Unless all proposals are rejected, award shall be made to that responsible proposer whose proposal, conforming to the Request for Proposals, is in the best interest of NJ TRANSIT.

Amended by R.1990 d.539, effective January 7,1991. See: 22 N.J.R. 2460(a), 23 N.J.R 119(b).

Text on debriefing recodified to section 3.1 1; text on award recodified from section 3.13. - - ~ - - - -

Amended by R.2006 d.208, effective June 5,2006. See: 37 N.J.R 4902(a), 38 N.J.R. 2511(a).

Substituted "is in the best interest of' for "will be most advantageous to".

16:72-3.13 Procedures and forms

NJ TRANSIT shall develop such procedures, forms and directives as may be necessary to carry out these regulations.

Amended by R.1990 d.539, effective January 7,1991. See: 22 N.J.R. 2460(a), 23 N.J.R. 119(b).

Text on award recodified to section 3.12; text on procedures and forms recodified from section 3.14.

16:72-3.14 (Reserved)

Recodified by R.1990 d.539, effective January 7, 1991. See: 22 N.J.R. 2460(a), 23 N.J.R 119(b).

Recodified to section 3.13.

EXHIBIT A


SUBCHAPTER 4. DEBARMENT, SUSPENSION AND DISQUALIFICATION OF PERSONS

16:72-4.1 Causes for debarment of a person@)

(a) In the public interest, NJ TRANSIT shall debar a person for any of the following causes:

1. Commission of a criminal offense as an incident to obtaining or attempting to obtain a public or private contract, or subcontract thereunder, or in tbe performance of such contract or subcontract;

2. Violation of the Federal Organized Crime Control Act of 1970, or commission of embezzlement, theft, forgery, bribery, Msification or destruction of records, perjury, false swearing, receiving stolen property, obstruction of justice, or any other offense indicating a lack of business integrity or honesty;

3. Violation of the Federal or State antitrust statutes, or of the Federal Anti-Kickback Act (18 U.S.C. 874, 40 U.S.C. 276b, c);

contracts enumerated in this paragraph even if such conduct has not been or may not be prosecuted as violations of such laws or contracts;

13. Debarment by some other department or agency in the executive branch;

14. Any offer or agreement by a vendor to pay or to make payment of, either directly or indirectly, any fee, commission, compensation, gift, gratuity, or other thing of value of any kind to any State office or employee or special State officer or employee as defmed by N.J.S.A. 52:13D- 13b and e, in the Department of the Treasury or any other agency with which such vendor transacts or offers or proposes to transact business, or to any member of the immediate family, as defined by N.J.S.A. 52:13D-13i, of any such officer or employee, or any partnership, firm, or corporation with which they are employed or associated, or in which such officer or employee has an interest within the meaning of N.J.S.A. 52: 13D-13g;

15. Failure by a vendor to report to the Attorney General and to the Executive Commission on Ethical Standards in

4. violations of any of the laws the conduct writing forthwith the solicitation of any fee, commission,

of elections of the Federal government, State of New compensation, gift, gratuity or other thing of value by any

Jersey or of its political subdivisions; State officer or employee or special State officer or employee;

5. Violation of the "Law Against Discrimination" (P.L.1945, c.169, N.J.S.A. 10:s-1 et seq., as supplemented by P.L. 1975, c.127), or of the act banning discrimination in public works employment (N.J.S.& 10:2-1 et seq.) or of the act prohibiting discrimination by industries engaged in defense work in the employment of persons therein (P.L. 1942, c.114,N.J.S.A. 10:l-10 etseq.);

6. Violations of any laws governing hours of labor, minimum wage standards, prevailing wage standards, discrimination in wages, or child labor;

7. Violations of any laws governing the conduct of occupations or professions or regulated industries;

8. Violations of any other laws which may bear upon a lack of responsibility or moral integrity;

9. Willful failure to perform in accordance with contract specifications or within contractual time limits;

10. A record of failure to perform or of unsatisfactory performance in accordance with the terms of one or more contracts, provided that such failure or unsatisfactory performance has occurred within a reasonable time preceding the determination to debar and was caused by acts within the control of the person debarred;

11. Violation of contractual or statutory provisions regulating contingent fees;

12. Any other cause affecting responsibility as a State contractor of such serious and compelling nature as may be determined by NJ TRANSIT to warrant debarment, including such conduct as may be proscribed by the laws or

16. The undertaking, directly or indictly, of any private business, commercial or entrepreneurial relationship with, whether or not pursuant to employment, contract or other agreement, express or implied, or sale, directly or indirectly of any interest in such vendor to, any State officer or employee or special State officer or employee or special State officer or employee having any duties or responsibilities in comection with the putchase, acquisition or sale of any property or services by or to any State agency or any instrumentality thereof, or with any person, fum or entity with which he is employed or associated or in which he has an interest within the meaning of N.J.S.A. 52: 13P13g. Any relationship subject to this provision shall be reported in writing forthwith to the executive Commission on Ethical Standards, which may grant a waiver of this restriction upon application of the State officer or employee or special State officer or employee upon a finding that the present or proposed relationship does not present the potential, actuality, or appearance of a conflict of interest;

17. lnfluence or attempt to influence or cause to be influenced, any State officer or employee or special State officer or employee in his official capacity in any manner which might tend to impair the objectivity or independence of judgment of said officer or employee;

18. Cause or influence or attempt to cause or influence, any State officer or employee or special State oficer or employee to use, or attempt to use, his official position to secure unwarranted privileges or advantages for the vendor or any other person.

(NJT Board - 09/14/11)

16:72-4.2 Conditions affecting the debarment of a person(s)

(a) The following conditions shall apply concerning debarment:

I. Debarment shall be made only upon approval of the Executive Director, except as otherwise provided by law.

2. The existence of any of the causes set forth in N.J.A.C. 1672-4.1 shall not necessarily require that a person be debarred. In each instance, the decision to debar shall be made within the discretion of the Executive Director, unless otherwise required by law, and shall be rendered in the best interests of the State.

3. All mitigating factors shall be considered in determining the seriousness of the offense, failure or inadequacy of performance and in deciding whether debarment is warranted

4. The existence of a cause set forth in N.J.A.C. 16:72- 4. l (a)l through 8 shall be establishcd upon the rendering of a final judgment or conviction, including a guilty plea or a plea of nolo contendere by a court of competent jurisdiction or by an administrative agency empowered to render such judgment. In the event an appeal taken fiom such judgment or conviction results in reversal thereof, the debarment shall be removed upon the request of the debarred person unless other cause for debarment exists.

(b) The provisions set forth in N.J.A.C. 16:72-4.1(a)14 through 18 above shall be included in all Invitations for Bids and RFPs issued by or on behalf of NJ TRANSIT.

Amended by R. 1990 d.539, effective January 7, 1991. See: 22 N.J.R 2460(a), 23 N.J.R. 1 1 9(b).

Conflict of interest requirements added at (a)14-18 and (b). Amended by R.2006 d.208, effective June 5,2006. See: 37 N.J.R. 4902(a), 38 N.J.R. 251 l(a).

Substituted a semicolon for period at the end of (a)13.

5. The existence of a cause set forth in N.J.A.C. 1632- 4.l(a)9 through 18 shall be established by evidence which NJ TRANSIT determines to be clear and convincing in nature.

6. Debarment for the cause set forth in N.J.A.C. 16:72- 4.1 (a) 13 shall be proper, provided that one of the causes set forth in N.J.A.C. 16:72-4.1(a)1 through 18 was the basis for debarment by the original debarring agency. Such debarment may be based entirety on the record of facts obtained by the original debarring agency, or upon a combination of such facts and additional facts.

Amended by R.1990 d.539, effective January 7, 1991. See: 22 N.J.R. 2460(a), 23 N.J.R. l19(b).

Citations corrected.

EXHIBIT 4


16:72-4.3 Procedures, period of debarment, and scope

(a) The procedures, the period of debarment, and the scope of debarment to be followed by NJ TRANSIT are explained below:

1. NJ TRANSIT, when seeking to debar a person or his affiliates shall furnish such party with a written notice stating that debarment is being considered, setting forth the reasons for the proposed debarment, and indicating that such party will be afforded an opportunity for a hearing if he so requests within a stated period of time. All such hearings shall be conducted in accordance with the provisions of the Adrninish-ative Procedures Act However, where another department or agency has imposed debarment upon a party, NJ TRANSIT may also impose a similar debarment without affording an opportunity for a hearing, provided that NJ TRANSIT furnishes notice of the proposed similar debarment to that party, and affords that party an opportunity to present information in its behalf to explain why the proposed similar debarment should not be imposed in whole or in part.

2. Debannent shall be for a reasonable, definitely stated period of time, which as a general rule shall not exceed five years. Debarment for an additional period shall be permitted provided that notice thereof is furnished and the party is afforded an opportunity to present information in its behalf to explain why the additional period of debarment should not be imposed.

3. Except as otherwise provided by law, a debarment may be removed or the period thereof may be reduced in the discretion of NJ TRANSIT upon the submission of a good faith application under oath, supported by docu- mentary evidence, setting forth substantial and appropriate grounds for the granting of relief, such as newly discovered material evidence, revcrsal of a conviction or judgment, actual change of ownership, management or control, or the elimination of the causes for which the debarment was imposed.

4. A debarment may include all known affiliates of a person, provided that each decision to include an &liate is made on a case by case basis after giving due regard to all relevant facts and circumstances. The offense, failure or inadequacy of performance of an individual may be imputed to a person with whom he is affiliated, where such conduct was accomplished within the course of his official duty or was affected by him with the knowledge or approval of such person.

16:72-4.4 Causes for suspension of a person(s)

In the public intercst, NJ TRANSIT shall suspend a person for any cause specified in N.J.A.C. 16:72-4.1 or upon reasonable suspicion that such cause exists.

(NJT Board - 0911411 1)

TRANSIT PROCUREMENT POLICIES & PROCEDURES

EXHIBIT A

16372-4.10

16:72-4.5 Conditions for suspension of a person(s) suspension and an opportunity for an informal hearing if he so requests, or a statement declining to give such reasons

(a) The following conditions concerning suspension are to and serting forth NJ 7RANSTT,s position regarding the be adhered to: continuation of the suspension. Where a suspension by

1. Suspension shall be imposed only upon approval of the Executive Director and upon approval of the Attorney General, except as otherwise provided by law.

2. The existence of any cause for suspension shall not require that a suspension be imposed, and a decision to suspend shall be made at the discretion of the Executive Director and of the Attorney General, and shall be rendered in the best interest of the State.

3. Suspension shall not be based upon unsupported accusation, but upon adequate evidence that cause exists or upon evidence adequate to create a reasonable suspicion that cause exists.

4. In assessing whether adequate evidence exists, consideration shall be given to the amount of credible evidence which is available, to the existence or absence of corroboration as to important allegations, and to inferences which may properly be drawn 6orn the existence or absence of affirmative facts.

5. Reasonable suspicion of the existence of a cause described in N.J.A.C. 16:72-4.1(a)l through 8 may be established by the rendering of a final judgment or conviction by a court or administrative agency of competent jurisdiction, by grand jury indictment, or by evidence that such violations of civil or criminal law did in fact occur.

6. A suspension invoked by another agency for any of the causes described in N.J.A.C. 16:72-4.1 may be the basis for the imposition of a concurrent suspension by NJ TRANSIT which may impose such suspension without the approval of the Attorney General.

16:72-4.6 Procedures, period of suspension and scope of suspension affecting the suspension of a person(s)

another agency has been the basis for suspension by NJ TRANSIT, the latter shall note that fact as a reason for its suspension.

2. A suspension shall not continue beyond 18 months from its effective date unless civil or criminal action regarding the alleged violation shall have been initiated within that period, or unless debarment action has been commenced. Whenever prosecution of debarment action has been initiated, the suspension may continue until the legal proceedings are completed.

3. A suspension may include all known affiliates of a person, provided that each decision to include an affiliate is made on a case-by-case basis after giving due regard to all relevant facts and circumstances. The offense, failure or inadequacy of performance of an individual may be imputed to a person with whom he is affiliated, where such conduct was accomplished within the course of his official duty or was effectuated by him with the knowledge or approval of such person.

Amended by R. 1990 d.539, effective January 7,1991. See: 22 N.J.R. 2460(a), 23 X.J.R. 119(b).

Stylistic changes.

16:72-4.7 Disqualification of a person(s)

The disqualification of a person shall conform to N.J.S.A 27:25-1 et seq. and N.J.A.C. 16:72-1.1 et seq.

16:72-4.8 Extent of debarment, suspension or disqualification

The exclusion from NJ TRANSIT contracting by virtue of debarment, suspension, or disqualification shall extend to all contracting and subcontracting within the control or jurisdiction of NJ TRANSIT, including any contracts which utilize State funds. When it is determined by the Executive

(a) The following provisions regarding procedures, period Director to be essential to the public interest-and upon filing

of suspension and scope of suspension shall be adhered to by of a fmding thereof with the Attorney General, an exception

NJ TRANSIT. ftom total exclusion may be made with respect to a particular NJ TRANSIT contract.

1. NJ TRANSIT may suspend a person or his affiliates, provided that within 10 days after the effective date of the 16:72-4.9 Prior notice by NJ TRANSIT k.pension, NJ TRANSIT provides such party with a written notice stating that a suspension has been imposed and its effective date; setting forth the reasons for the suspension to the extent that the Attorney General determines that such reasons may be properly disclosed; stating that the suspension is for a temporary period pending the completion of an investigation and such legal proceedings as may ensue; and indicating that, if such legal proceedings are not commenced or the suspension removed within 60 days of the date of such notice, the party will be given either a statement of the reasons for the

Insofar as practicable, prior notice of any proposed debarment or suspension shall be given to the Attomey General and the State Treasurer.

16:72-4.10 List of debarred, suspended, or disqualified persons

NJ TRANSIT shall supply to the State Treasurer a list of all persons having been debarred, suspended, or disqualified in accordance with the procedures prescribed herein. Such list shall at all times be available for public inspection.

(NJT Board - 09/14/11)

EXHIBIT A


16:72-4.11 Discretion

Nothing contained herein shall be construed to limit the authority of NJ TRANSIT to re6ain &om contracting within the discretion allowed by law.

EXHIBIT B

ENVIRONMENTAL PROTECTION PROPOSALS

7: 14C-1.11 Non-compliance A failure to submit the required sludge repons in the manner

prescribed by this chapter or any willful falsification of information contained in these reports shall constitute a violation of the New Jersey Water Pollution Control Act, N.J.S.A. 58:lOA-1 et seq., and shall be subject to the penalties contained in N.J.A.C. 7:14-8[ and 7:19-6.141.

7: 14C-1 .I3 Exemptions and reductions in reporting and analytical requirements

(a) l h e following exemptions and reductions in reporting requirements are applicable to domestic treatment works:

1 . [A] Subject to the limitations at (a)2 below, a Category 1 domestic treatment works (see N.J.A.C. 7:14C-3.5) that generates only domestic septage, or that has a permitted flow of 0.020 mgd or less and that removes all sewage sludge generated to an off-site in-State treatment works treating domestic sewage is exempt from the following:

i.-ii. (No change.) 2. The exemption a t (a)l above does not apply if the nature o r

quantity of pollutants in the discharge into the treatment works changes such that the sludge from the treatment works would violate the land-based sludge management criteria.

i. Such change in the discharge into the treatment works shall be reported to the Department within five days of the treatment works operator's becoming aware of the change.

Recodify existing 2.-4. as 3.4 . (No change in text.) (b)The following exemptions and reductions in reporting

reouirements are aoblicable to industrial treatment works:

contributor might expect from the soliciting material. For example, soliciting material may feature both research and consumer education programs, but one may be funded almost to the exclusion of the other.

Donors can earmark their contributions to the program or programs that appealed to them and induced them to contribute. By law, the charity must honor the purpose for which the contribution was made. The Division has found that in most cases, however. donors have not directed contributions to programs that one would expect to attract the major share of contributions. The Division believes that if partici~lar programs are the inducement for a donor to make a contribution to the charity. the donor should be advised that he or she has the option to direct the charity to use his or her contribution to fund that program.

The Division is contemnplati~lg a rule that would require a charity whose solicitation asks for contributions for more than one named program, to disclosc in the matcrial that contributors can dircct the charity to use their contributions to fund the program of their choice, and if no direction is given, a contribution may be used for administration and fundraising as well as for any program.

The Division invites comments on the draft rule set rorth below (additions indicated in boldface thus). In particular, the Division is interested in comments on the threshold amount of contributions that would subject a charity to the rule. whether a directed contribution could fund administrative and fundraising expenses related to the program to which a contribution is directed, and whether such a rule might have the eCCect oC limiting Cunding for a program that might olherwise be fully funded from general funds to a lesser amount equal to the directed contributions. - . - ~ - . a

1 .-2. (No change.) 3. An industrial treatment works may request an exemption from or

reduction in the information required to be submitted under these rules at any timc aftcr thc industrial treatment works submits its first sludge analysis report under N.J.A.C. 7:14C-1.9. The Department may grant an exemption or reduction based on the following:

i.-ii. (No change.) iii. Where an industrial treatment works can demonstrate Lo the

Department's satisfaction, based on the criteria in (b)[3]4 below, that renioval schedules or historical sludge quality justify a reduction or exemption, the Department may grant a reduction in or an exemption from any of the reporting requirements at any time after submission of the first required report.

4. (No change.) (c) (No change.)

LAW AND PUBLIC SAFETY

(a) . . DIVISION OF CONSUMER AFFAIRS CHARITIES REGISTRATION UNIT Notice of Pre-Proposal Disclosures to the Public

13:48-11.2 Disclosurcs to the public; solicitations; rcccipts and confirmations; notice

(a)-(b) (No change.) (c)Any oral or written solicitation (including a telephonic or

electronic solicitation but excluding any in-person solicitation) made by or on behalf of a charitable organization that received contributions of more than 5250,000 in its prior fiscal year, which names more than one partieular program for which contributions are solicited, shall include notice that the contributor may designate the program o r programs to bc funded with the contribution and, if more than one program is designated, the dollar amount o r percentage of the contribution to be allocated to each. The notice shall also state that any part of the contribution that is not earmarked for a particular program or programs may be used for any program or programs in furtherance of the organization's mission and for administrative and fundraising expenses.

(d) Any pledge o r payment form included in a written solicitation or sent to a contributor as a result of a solicitation referred to in (c) above, shall provide a means for the contributor to designate the program o r programs to be funded with the contribution.

Recodify existing (c) and (d) as (e) and (f) (No change in text.) Submit written comments on this pre-proposal by August 5.201 1 to:

Thomas R. Calcagni. Acting Director, Division of Consumer Affairs Post Office Box 45027 Newark, New Jersey, 07101. .

N.J.A.C. 13:48-11.2 Authorized By: Thomas R. Calcagni, Acting Director, Division of

Consumer Affairs. TRANSPORTATION Authority: N.J.S.A. 45:17A-21b. Pre-Proposal Number: PPR 20 1 1-00 1. PI

Take notice that the Division of Consumer Affairs (Division) is NEW JERSEY TRANSIT CORPORAT~ON soliciting comments about amendments to its rules in N.J.A.C. 13:48- I I .2 on disclosures to the public New Jersey Transit Procurement Policies and

The Division believes that potential contributors to charities are Procedures induced to give to a particular charity because the nlission of the charity Proposed Readoption with Amendments: N.J.A.C. a ~ ~ e a l s to their head or their heart. Charities' fundrasing campaigns 4c.79 . . I V . 1 L prcscnt thcir mission in a way calculated to have thc bi&cst impact. Sometimes that involves featuring a particular program or programs in Authorized BY: Xew Jersey Transit Corporation, James Weinstein,

the soliciting materials, which may not be funded to the extent that a Executive

(CITE 43 N.J.R. 1322) NEW JERSEY REGISTER, MONDAY, JIINE 6,2011

(NJT Board - 0911411 1)

EXHIBIT B

PROPOSALS TRANSPORTATION

Authority: N.J.S.A. 2A:44-143, 27:25-5(e) and 27:25-11; and 49 U.S.C. §§5301 et seq. and 49 CFR Part 18.

Calcndar Rcfercnce: See Summary below for explanation of exception to calendar requirement.

Proposal Number: PRN 201 1 - 128. Submit comments by August 5.201 l to:

Joyce J. Zuczek New Jersey Transit Corporation One Penn Plaza East Newark NJ 07105-2246

The agency proposal follows:

Summary 111 accordance with the sunset provision of Executive Order No. 66

(1978) and N.J.S.A. 52:14B-5.1, NJ TRANSIT has evaluated the rules at N.J.A.C. 16:72, Procurement Policies and Procedures, scheduled to expire on May 10, 2013, and has determined thal lhey are necessary, adequate, reasonable, efficient. understandable and responsive to the purposes for which they were originally promulgated, with the exception of the proposed amendments. Pursua~it lo N.J.S.A. 52 :14B-5 . l~ the expiration date is extended 180 days to November 6,2013.

N.J.A.C. 16:72 contains the requirements governing the procurement by NJ TRANSIT of goods and services, as well as the debarment, suspension and disqualification of persons doing business with NJ TRANSIT. With certain exceptions, the rules require all purchases, whether made as a result of formal advertising, or otherwise, to be made on a competitive basis, to the maximum practical extent, and implement the procurement requirements set forth in N.J.S.A. 27:25-1 et seq.

A summative review of each of the subchapten follows: Subchapter I, General Provisions, describes the general provisions,

applicable to all procurements, including the method of procurement and the means by which the public may secure information about the bidding process conducted by NJ TRANSIT.

Subchapter 2, Bidding Procedures, describes the bidding procedures of NJ TRANSIT.

Subchapter 3, Requests for Proposals, describes the procedure to be used in the request for proposal process.

Subchapter 4, Debarment, Suspension and Disqualification of Persons, describes the process for debarment, suspension and disqualitication.

The rules proposed for readoption at N.J.A.C. 16:72 are proposed for amendment as follows:

At N.J.A.C. 16:72-1.1, the wcbsite link has been updated for easier access.

At N.J.A.C. 16:72- 1.2, the definition of "contracting officer" has been addcd to rcflect NJ TRANSIT'S internal delegation of responsibility for contracting issues. The definition of "debarment" has been amended to conform to N.J.A.C. 16:72-4.1, which specifies that lack of contractor integrity is a cause for debarment and suspension. The definition of "payment bond" has been amended to clarify that payment bonds must be submitted prior to execution of a contract. The definition of "vendor" has been amended to clarifv that the term "contractor" is interchangeable - wilh the term "vendor."

At N.J.A.C. 16:72-1.4(a)l, "presently certifiable ability" has been replaced with "presently demonstrable ability" to more accurately state h e standard of responsibility. At N.J.A.C. 16:72-1.4(a)4, "reputation of integrity" has been replaced with "reputation and integrity" to more accurately state the standard of responsibility. At N.J.A.C. 16:72-1.4(a)6 and 7, the word "demonstrated" ability has been added to clarify the requirement for evidence of responsibility.

At N.J.A.C. 16:72-1.5(e), the words "or designee" have been added to reflect NJ TRANSIT's internal delegation of responsibility for contracting issues.

At N.J.A.C. 16:72-1.7, the word "her" has been added to reflect gender neutrality in the designee potential of the Executive Director.

At N.J.A.C. 16:72-1.10; the time for registration of out-of-State corporations with the Secretary of the State of New Jersey has been extended from seven calendar days to 10 working days for the convenience of the contracting community.

At N.J.A.C. 16:72-2.1, language has been added to augment newspaper advertising of sealed b ~ d s with the posting of bid notices on

NJ TRANSIT'S website. In addition, language has been added to reflect NJ TRANSIT's use of electronic bidding.

At N.J.A.C. 16:72-2.2, the maximum bid security requirements have been reduced from 50 percent to 10 percent to reduce the cost of bidding and better reflect NI TRANSIT's assessment of the risk of bidder default on execution of contracts. In addition, a requirement has been added that surety companies providing bid security must he listed in the U.S. Treasury Circular 570 as of the date of receipt of bids to verify the surety company's financial responsibility. This amendment is also proposed at N.J.A.C. 16:72-2.3(e).

At N.J.A.C. 16:72-2.7, language has been added to govern the receipt of timely bids when NJ TRANSIT uses electronic bidding.

At N.J.A.C. 16:72-2.9, language has been added to clarify that bids received electronically will be available for review upon opening.

At N.J.A.C. 16:72-2.13(b), the word "materially" has becn added to clarify the standard for rejection of individual bids when a bidder i~nposes conditions that would modify the invitation for bids. New subsection ( f ) has becn addcd to specify that materially unbalanced bids may bc rejcctcd if award would not be in the best inlerest ofNJ TRANSIT.

At N.J.A.C. 16:72-2.15(b)3, the standard for evaluating a blank entry in a contract line item in the bidder's proposal has been changed. Instead of automatically rejecting the bid, the cost of the work of that line item will be considered to be included in the total contract price.

New N.J.A.C. 16:72-2.20(c) has been added to state that NJ TRANSIT has (he right to request extensions of lime for acceptance and award or bids.

As the NJ TRANSIT has provided a 60-day conmment period on this notice of proposal, this nolice is excepted from the rulemaking calendar requirement pursuant to N.J.A.C. 1:30-3.3(a)5.

Social Impact The rules proposed for readoption with amendments at N.J.A.C. 1672

will continue to affect NJ TRANSIT's ability to provide Statewide transit services to the public on a daily basis and to continue NJ TRANSIT'S capital improvement program, resulting in a better quality of services to the public and the improvement and maintenance of thc infrastructure for the public's use in thc future. Thc procedures dclincatcd in thc rules provide protection of the interests of the general public and of the individual bidders. The rules proposed for readoption will have a positive social impact in that thcy will pcnnit NJ TRANSIT to cffcctivcly enforce the compliance with existing legislalion and programs governing the procurement by NJ TRANSIT of goods and services. The proposed amend~nents will simplifj. and clarify the procurement process.

Economic Impact The continued utilization of a competitive bidding system can be

expected to provide economies to the State which are not available without such a system. Bonding is required of certain bidders, based upon the specific contract. The costs of preparing a bid or proposal would vary, depending upon the specifications of the individual request for proposals. The proposed amendments may result in potential savings to the public since orocurement information would be available electronicallv via NJ TRANSIT'S website.

Federal Standards Statement A Federal standards analysis is not required because the requirements

of this ~ k m a k i n g are governed by N.J.S.A. 27:25-11 and are not subject to any Federal procure~nent regulations or standards.

Jobs Impact The rules proposed for readoption with amendments will not affect the

creation or loss ofjobs.

Agriculture Industry Impact The rules proposed lor readoption with amendments have no impact

on the agriculture industry.

Regulatory Flexibility Analysis The rules proposed for readoption with amendments apply to all

entities wishing to do business with NJ TRANSIT, some of which may be small businesses, as the term is defined in the Regulatory Flexibility Act, N.J.S.A. 52:14B-16 et seq. The rules require that bids be submitted in a specified manner, accompanied by bonds in certain cases, and that

NEW JERSEY REGISTER, MONDAY, A J N E 6,201 1 (CITE 43 N.J.R. 1323)

(NJT Board - 0911411 1)

EXHIBIT B

TRANSPORTATION PROPOSALS

debannent occur in specified situaf ons. Provisions in the rules allow for subcontractors and suppliers will be protected from loss in the event that amendment and negotiation of bids, but no differential treatment has been the vendor fails to make payment as agreed. specifically provided for small businesses. The rules provide for equal . . . treatment of businesses in the bidding process, whether large or small, in "Vendor" o r "contractor" means any person, finn, corporation[,] or the interest of high quality goods and services and fairness to all bidders. other entity which provides or offers or proposes to provide goods or The professional services recluired to complete the bidding process are services to or perform any contract for NJ TRANSIT. those services ordinarily required for tha completion OF any capital pro.iec5 for example, legal, accounting, engineering and design services. 16:72-1.4 Responsible contractors Other professional would depending upon the (a) Procurements shall be made froln, and contracts shall be awarded

specifications of the individual request for proposals. The costs of to, responsible contractors only. A responsible contractor is one who

professional services will vary, depending upon thc specifications of the meets the following standards:

individual request for proposals, The proposed are not Has adequate financial resources, Or the presently Icertifiablel

to impose any additional reporting or recordkeeping demonstrable ability to obtain such resources, as required during the performance of the contract, if adequate security is not otherwise requirements on "small businesses" or require them to engage any himished; profcssional services thcy would not otherwise need to engage. Thc costs 2.-3. P o change.)

of colnplying with the rules are discussed in the Economic Impact 4. Has a satisfactory record and reputation of integrity; statement above. 5. (No change.)

Sma1-t Growth Impact NJ TRANSIT does not anticipate any impact upon smart growth or the

implementation of the State Development and Redevelopment Plan as a result of the rules proposed for readoption with amendments.

Housing Affordabilily Impact Analysis The rules proposed for readoption with anendments have no ilnpact

on affordable housing in New Jersey. The rules solely govern the procurcnlent of goods and sewiccs, as wcll as the debannent, suspension and disqualification of persons doing business with NJ TRANSIT. As such, there is no likelihood that the rules would evoke a change in the avcrage costs associated with housing.

Smart Growth Development Impact Analysis The rules proposed for readoption with amendments will have an

insignificant impact on smart growth development and there is no likelihood that the rules would evoke a change in housing production in Planning Areas I or 2, or within designated centers, under the State Development and Redevelopment Plan in New Jersey because the rules pertain to the procurenlent of goods and services, as well as the debarmen4 suspension and disqualification of pcnons doing business with NJ TRANSIT.

Full text of the rules proposed for readoption may be found in the New Jersey Administrative Code at N.J.A.C. 16:72.

Full text of the proposed amendments follows (additions indicated in boldface thus; deletions indicated in brackets [thus]):

SUBCHAPTER 1. GENERAL PROVISIONS

16:72-1.1 Source for public information The public may receive inCormat~on concerning NI TRANSIT'S

procurement program by contacting the Procurement Department, NJ TRANSIT. One Penn Plaza East, Newark, New Jersey 07105-2246 or [htt~://w.n~transit.com/db~r.shbnll www.nitransitcom!~roeurement.

16:72-1.2 Definitions The following words and terms, h e m used in this chapter, shall have

thc follow~ng mcanirtgs unless thc contcxt clearly indicates otherwise: . . .

"Contracting oficer" means the designee of the Executive Director authorized to execute contracts and make determinations regarding all aspects of the procurement and contracting process. . . .

"Debannent" means an exclusion from NJ TRANSIT contracting, on h e basis of a lack of responsibility evidenced by an ofLense, failure or inadequacy of performance o r lack of integrity, for a reasonable period of time commens~uate with the seriousness of the offense, failure or inadequacy of performance or lack of integrity.

6. Has the n&essary organization, experience, operational controls and technical skills, or the demonstrated ability to obtain them; and

7. Has the necessary production, construction and technical equipment and facilities, or the demonstrated ability to obtain them.

(b)-(c) (No change.)

16:72-1.5 Methods of procurement (a)-(d) (No change.) (e)Authority for procurement-by-exception: The authority for

procurement under the circumstances listed above rests with the Executive Director or designee for procurement transactions not in excess of the amounts determined pursuant to Section 2 of P.L. 1954, [c.48] c 48 O\IJ.S.A. 5234-7). Transactions in excess of the amounts determined pursuant to Section 2 of P.L. 1954, [c.48] c. 48 (N.J.S.A. 52:34-7) will require approval as may be set forth in the By-Laws of NJ TRANSIT.

(0 (No change.)

16:72-1.7 Execution of contracts Any contract or instrument shall be deemed properly executed when

signed by the Executive Director of NJ TRANSIT or his or her designee. No contract or purchase order shall be entered into unless all applicable requirements of law and [these regulations] this chapter have been met. and the approval of the Board of NJ TRANSIT obtained when required.

16:72-1.9 Purchase descriptions (a) A purchase description may be used in lieu of a specification,

where the use of a specificaLioii is no1 reasible. Recodify existing 1. and 2. as (b) and (c) (?do change in text.) [3.] (d) Generally, the minimum acceptable purchase description is the

identification of a requirement by use of a brand name followed by the words "or equal."[.]

[i.] 1. (No change in text.)

16:72-1.10 Out-of-State vendors All oul-of-Stale corporalions that wish lo do business with NJ

TRANSIT shall be afforded [seven] 10 working days to register with the Secretary of State of New Jersey, after notification by NJ TRANSIT of h e intent Lo award that oul-of-State firm a coulracl. Failure to provide either certification or notification of filing with the Secretary of State within the [sevenday] 10 working-dry period may constitute cause for rejection of that firm's bid or proposal.

SUBCHAPTER 2. BIDDING PROCEDURES

16:72-2.1 Advertising of bids The advertisement for bids shall be placed in such newspaper or

newspapers selected by NJ TRANSIT that will give best notice thereof to bidders and will be posted on NJ TRANSIT'S website. Advertisements shall be made a minimum of 20 calendar davs in advance of the bid . . .

: : P ~ ~ ~ ~ ~ ~ bond" means a guarantee provided prior to execution of a o p e ~ n g . The advertisement shall designate the time and place, when and

in the form of a . bond that the vendor will pay al l of its where sealed bids shall be received and publicly opened and read, or

obligations to its subcontractors and suppliers and NJ TRANSIT whether bids shall be received electronically and such other terms as NJ TRANSIT may deem proper.

(CITE 43 N.J.R. 1324) NEW JERSEY REGISTER, MONDAY, JITh'E 6,201 1

(NJT Board - 09/14/11)

EXHIBIT B

PROPOSALS OTHER AGENCIES

16:72-2.2 Bids bonds A bid bond or a deposit consisting of a cashier's check, certified check

OTHER AGENCIES or irrevocable letter of credit drawn to the order of NJ TRANSIT in an amount to be determined by NJ TRANSIT, but not exceeding [SO] 10 (a) percent of the bid, shall accompany all bids to serve as a guarantee that NEW JERSEY TURNPIKE AUTHORITY the bidder will. upon acceptance of its bid, execute such contractual documents as may be required within 10 working days after issuance of a Fee for E-2 Pass Violations; Video notice of intent to award. Any bonds submitted pursuant to this section Enforcement of Toll Violations in Garden State must be executed by surety companies licensed to do business in the State Parkway Exact Change Lanes; Prohibition of Non- of New Jersey and listed in the U.S. Treasury Circular 570 as of the Passenger Vehicles in Garden State Parkway date of receipt of bids. Any letters of credit shall be issued by Federally ~~~~t change L ~ ~ ~ ~ ; public A~~~~~ to ~ , , th~~i t , , insured financial institutions. Records 16:72-2.3 Perfonnance and payment bonds

(a)-(d) (No change.) (e) Performance and payment bonds must be executed by surety

companies licensed to do business in the State of New Jersey and listed in the Z1.S. Treasury Department Circular 570.

16:72-2.7 Time of bid submission Bids shall be submitted so as to be received in the office or by the

electronic portal designated in the Invitation for Bids not later than the exact time set for opening of bids.

16:72-2.9 Bid opening All bids shall be publicly opened and, when practicable, read aloud.

An abstract of all bids shall be prepared. Bids accepted electronically will also bc available for viewing.

1672-2.13 Rejection of individual bids (a) (No change.) (b)Any bid which imposes conditions which would materially

modify rcquirements of the Invitations for Bids or limit the bidder's liability to NJ TRANSIT shall be rejected.

(c)-(e) (No change.) (0 Where the bid line items are materially unbalanced and award

would not be in the best interest of NJ TRANSIT, the bid will be rejected.

16:72-2. I5 Mathematical calculations (a) (No change.) (b) In the event of a discrepancy between the unit price bid for any

contract line item and the extension shown for that item under the column of the bid designated "Amount,"[,] the unit price shall govern.

1 .-2. (No change.) 3. Where no figure is provided by the bidder in both the "Unit Price"

and "Amount" columns for onc or more contract line itcms or where no Ligure is provided in the "Amount" column for one or more "Lump Sum" contract line items, the amount bid shall be considered [to be non- rcsponsivc and shall be rejected] zero and the work included in that line item shall be considered included in the total contract price.

16:72-2.20 Award (a)-(b) (No change.) (c) NJ TRANSIT may request extensions of time for acceptance

and uwsrd of bids.

Proposed Amendments: N.J.A.C. 19:9-1.19,4.1,4.4 and 9.2

Authorized By: Board of Commissioners. New Jersey Turnpike Authority, Veronique Hakim, Executive Director.

Authority: N.J.S.A. 27:23-1 et seq. Calendar Reference: See Summary below for explanation of

exception to calendar requiremenr. Proposal Number: PRN 201 1-127.

Submit written comments by August 5,201 1 to: Veroniaue Hakim. Executive Director New ~ e k e y Turnpike Authority Y. 0. Box 5042 Woodbridge, New Jersey 07095-5042 Fax: 732-750-5384 -

The agency proposal follows:

Summary On the Garden State Parkway, exact change lanes have long operated

with automatic coin machines, or "ACMs." Some toll plazas are now unstaffed during certain Limes of day. Under the Authority's exisling rule, N.J.A.C. 19:9-1.19, when a motorist uses an ACM lane that is unstaffed or the n~otorist is without exact change, the motorist is required to take a return envelope and mail the toll due to the Authority. Otherwise, motorists without exact change are required to stop and await assistance before proceeding. Compliance rates with respect to the retum envelopes, however, arc extremely low and the process is cumbersome.

Video enforcement technology is now available for ACM lanes. This enforcement technology, which is similar to the E-7, Pass enforcement apparatus, renders the envelope collection process obsolete. The Authority proposes to amend N.J.A.C. 19:9-1.19 to delete the return envelope process, and to instead provide for the collection of unpaid tolls in the ACM lanes through the Authority's existing electronic toll collection rules, N.J.A.C. 19:9-9. Under the amended rule, unpaid tolls will be collected in the ACM lanes in the same manner as in the E-Z Pass lanes, through the mailing of an advisory and payment request and the assessment of an administrative fee to recoup the costs of enforcement. Violators in ACM lanes will he captured through video images of the vehicle and license plate.

Commencing in 2008, passenger cars towing trailen and pickup trucks with dual wheel rear axles were required to pay a higher toll on the Garden State Parkway than other passenger cars. A significant number of patrons have attempted to avoid the increased toll by choosing the ACM lanes on the Garden State Parkway. Due to technical limitations on the equipment, those lanes are only equipped to charge the lowest passenger vchiclc toll. This has rcsultcd in an increased incidencc of misuse of thc ACM lanes and loss of revenues. The Authority proposes a further amendment to N.J.A.C. 19:9-1.19 to prohibit all vehicles other than passengcr cars without trailcrs from using the ACM lanes on thc Garden State Parkway.

Effective November 9, 2010. the Legislature enacted, and the Governor signed into law, amendments to the Open Public Records Act which reduce the copying charges that may be charged Tor providing copies of public records, in general, to five cents per page or the agency's actual costs. See P.L. 2010, c. 75. The Authority proposes an arnendn~ent lo its public records rule, N.J.A.C. 19:9-4.4, Lo conrorm its fee schedule to the statutory amendments. The ~uthority further proposes an

NEW JERSEY REGISTER, MONDAY, JUNE 6,201 1 (CITE 43 N.J.R 1325)

(N JT Board - 0911411 1)

EXHIBIT C

REGULATIONS: READOPTION WITH AMENDMENTS OF N.J.A.C. 16:72 PROCUREMENT POLICIES AND PROCEDURES

PROPOSED AMENDMENTS

The rules proposed for readoption at N.J.A.C. 16:72 are proposed for amendment as

follows:

At N.J.A.C. 16:72-1 . I , the website link has been updated for easier access.

At N.J.A.C. 16:72-1.2, the definition of "Contracting Officer" has been added to reflect

NJ TRANSIT'S internal delegation of responsibility for contracting issues

At N.J.A.C. 16:72-1.2, the definition of "Debarment1' has been revised to conform to

N.J.A.C. 16:72-4.1, which specifies that lack of contractor integrity is a cause for

debarment and suspension.

At N.J.A.C. 16:72-1.2, the definition of "Payment Bond" has been revised to clarify that

Payment Bonds must be submitted prior to execution of a contract.

At N.J.A.C. 16:72-1.2, the definition of "Vendor" has been revised to clarify that the term

"contractor" is interchangeable with the term "vendor".

At N.J.A.C. 16:72-1.4(a)(I), the "presently certifiable ability" has been replaced with

"presently demonstrable ability" to more accurately state the standard of responsibility.

At N.J.A.C. 16:72-1.4(a)(4), the "reputation of integrity" has been replaced with the

"reputation and integrity" to more accurately state the standard of responsibility.

At N.J.A.C. 16:72-1.4(a)(6), the word "demonstrated" has been added to clarify the

requirement for evidence of responsibility.

At N.J.A.C. 16:72-1.4(a)(7), the word "demonstrated" has been added to clarify the

requirement for evidence of responsibility.

(NJT Board - 0911411 1)

EXHIBIT C


PROPOSED AMENDMENTS

At N.J.A.C. 16:72-1.5(e), the words "or designee" have been added to reflect

NJ TRANSIT'S internal delegation of responsibility for contracting issues.

At N.J.A.C. 16:72-1.7, the word "her" has been added to reflect gender neutrality.

At N.J.A.C. 16:72-1.10; the time for registration of out-of-state corporations with the

Secretary of the State of New Jersey has been extended from seven calendar days to

ten working days for the convenience of the contracting community.

At N.J.A.C. 16:72-2.1, language has been added to augment newspaper advertising of

sealed bids with the posting of bid notices on NJ TRANSIT'S website. In addition,

language has been added to reflect NJ TRANSIT'S use of electronic bidding.

At N. J.A.C. 16:72-2.2, the maximum bid security requirements have been reduced

from 50 percent to 10 percent to reduce the cost of bidding and better reflect

NJ TRANSIT'S assessment of the risk of bidder default on execution of contracts. In

addition, a requirement has been added that Surety companies providing bid security

must be listed in the U.S. Treasury Circular 570 as of the date of receipt of

bids to verify the Surety company's financial responsibility.

At N.J.A.C. 16172-2.3(e), a requirement has been added that Surety companies

providing performance and payment securijy must be listed in the U.S. Treasury

Circular 570 as of the date of receipt of bids to verify the Surety company's financial

responsibility.

(NJT Board - 09/14/11 ) 43543

EXHIBIT C


PROPOSED AMENDMENTS

At N.J.A.C. 16:72-2.7, language has been added to govern the receipt of timely

bids when NJ TRANSIT uses electronic bidding.

At N.J.A.C. 16:72-2.9, language has been added to clarify that bids received

electronically will be available for review upon opening.

At N.J.A.C. 16:72-2.13(b), the word "materially" has been added to clarify the standard

for rejection of individual bids when a bidder imposes conditions that would modify the

invitation for bids.

At N.J.A.C. 16:72-2.13(f), a requirement has been added specifying that materially

unbalanced bids may be rejected if award would not be in the best interest of

NJ TRANSIT.

At N.J.A.C. 16:72-2.15(b)(3), the standard for evaluating a blank entry in a contract

line item in the bidder's proposal has been changed. Instead of automatically

rejecting the bid, the cost of the work of that line item will be considered to be included

in the total contract price.

At N.J.A.C. 16:72-2.20(c), language has been added to clarify that NJ TRANSIT has

the right to request extensions of time for acceptance and award of bids.

r (NJT Board - 09/14/11)

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(NJT Board - 0911411 1)

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