MIDDLESEX COUNTY UTILITIES AUTHORITY

REQUEST FOR BIDS

AND CONTRACT DOCUMENTS

FOR

CONTRACT NO. 26-7-5(AC)

STANDBY GENERATOR SERVICE REPAIR & APPURTENANT WORK

John Wiley, Esq. Joseph P. Cryan Chairman Executive Director

57047-099: 809218.3 4826-3101-8888, v. 4

MIDDLESEX COUNTY UTILITIES AUTHORITY

NOTICE TO BIDDERS FOR

CONTRACT NO. 26-7-5(AC)

STANDBY GENERATOR SERVICE REPAIR & APPURTENANT WORK

NOTICE IS HEREBY GIVEN that electronically sealed bids for Contract No. 26-7- 5(AC)/Standby Generator Service Repair & Appurtenant Work will be opened and conducted by the Middlesex County Utilities Authority, County of Middlesex, State of New Jersey (the “Authority”), on BidNet Direct at https://www.bidnetdirect.com/new-jersey/mcuaww , on November 13, 2026 at 10:00 A.M. The bids will be publicly opened and live-streamed via TEAMS.

The TEAMS Meeting Bid Opening information/link can be obtained at BidNet Direct at https://www.bidnetdirect.com/new-jersey/mcuaww or by contacting the Wastewater Division at procurementopportunities@mcua.com.

This Request for Bids (“RFB”) involves furnishing all labor, transportation, tools, equipment, materials, supplies, fuel, and services, including inspection and planned maintenance services, additional maintenance services and repairs, temporary rentals, field testing and reporting activities on the Authority’s diesel and natural standby generators sets, ranging in size from 210 KW to 2,750 KW.

A Pre-Bid meeting will be held at the Authority on October 23, 2026, at 10:00 AM. This will be followed by a site visit for the generators located at the Central Treatment Plant . Attendance is highly encouraged.

Information concerning this procurement is provided in the Authority’s Request for Bids (“RFB”) for such services. A copy of the RFB, which includes the Specifications and Contract Documents, Form of Contract and other Bid requirements, may be obtained only from the BidNet platform. Please contact BidNet Customer Support at 1-800-835-4603 for registration and/or downloading assistance.

Each Bidder must submit with its Bid, Bid Security in the amount, form and subject to the conditions set forth in the RFB. Bidders must also submit a Consent of Surety as set forth in the RFB, demonstrating that in the event of an award of the Contract to the Bidder, the Surety will furnish the required Contract Bond(s) in the sum(s) required by the RFB. Bid Security and Consent of Surety submission requirements are outlined in Section 5.1.3 of the RFB. Bidders must deliver the original physical Bid Security and Consent of Surety documents in a sealed envelope to the Middlesex County Utilities Authority, ATTN: JANET RZEPKA/BIDS, 2571 Main Street Extension, Sayreville, New Jersey 08872, prior to the bid opening date and time. Bid Security and Consent of Surety documents received after such time will not be accepted. Please include the Contract No. and Bid Opening Date on the envelope. The Authority shall not be responsible for any delays in the physical delivery of required original documents by courier, postal service, or any other means.

BID SUBMISSIONS:

All Bid submissions shall be electronically uploaded in the BidNet portal. Except for the physical delivery of original bid security and/or Consents of Surety pursuant to N.J.A.C. 5:34-5.3(f) and Section 5.1.3 of the RFB, no physical submissions shall be received, opened or honored, 57047-099: 809218.3 regardless of the method of delivery.

PLEASE NOTE:

It is the Bidder's responsibility to ensure that their submission is successfully uploaded prior to the bid opening date and time. The Authority shall not be responsible for late submissions due to technical issues, internet connectivity, or user error.

Bidders are required, as applicable to this RFB, to comply with the requirements of the Prevailing Wage Act (N.J.S.A. 34:11-56.25 et seq.); the Public Works Contractor Registration Act (N.J.S.A. 34:56-48); the Business Registration Act (N.J.S.A. 52:32-44); the State’s Equal Employment Opportunity and Affirmative Action Laws and Regulations (N.J.S.A. 10:2-1 et seq., N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27-3.7 and 3.8); the Americans with Disabilities Act (42 U.S.C. 12101); and the New Jersey Campaign Contributions and Expenditure Reporting Act (N.J.S.A. 19:44A-1 et seq.). Bidders’ attention is also called to comply with the requirements as applicable, of (a) the conditions of employment and requirements of Federal prevailing wage rates;

and (b) Segregated Facility.

Any questions regarding this RFB should be directed to Janet Rzepka, General Manager of Procurement – WW Division, at jrzepka@mcua.com , as set forth in the RFB.

The Authority reserves the right to waive any informalities or reject any and all bids in accordance with the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq., as well as any other applicable law.

John F. Wiley Chairman Middlesex County Utilities Authority Sayreville, New Jersey

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BID SPECIFICATIONS AND CONTRACT DOCUMENTS

CONTRACT NO. 26-7-5(AC)

STANDBY GENERATOR SERVICE REPAIR & APPURTENANT WORK

TABLE OF CONTENTS

SECTION 1 – INTRODUCTION AND GENERAL INFORMATION

I. INTRODUCTION

II. DEFINITIONS

III. BID SUBMISSION DATE AND SUBMISSION REQUIREMENTS

IV. COST OF BID PREPARATION

V. QUESTIONS, ADDENDA AND AMENDMENTS

VI. WITHDRAWAL OF BID

VII. CERTIFICATION AND OWNERSHIP OF DOCUMENTS

VIII. PRE-BID MEETING……….. ……………………………..

SECTION 2 – GENERAL BID SUBMISSION REQUIREMENTS

I. BID DOCUMENT SUBMISSION LIST

II. TRUTH IN CONTRACTING

III. BRAND NAMES, STANDARDS OF QUALITY

AND PERFORMANCE

IV. “BUY AMERICAN” PROVISION

V. BID SECURITY, BONDS, INDEMNIFICATION, INSURANCE

AND WARRANTIES

VI. BID PROPOSAL

VII. SUBCONTRACTORS

VIII. STATE PREVAILING WAGE

IX. EQUIPMENT

X. EXCEPTIONS

SECTION 3 – STATUTORY AND OTHER BID SUBMISSION REQUIREMENTS

I. MANDATORY EQUAL OPPORTUNITY LANGUAGE………………………

II. AMERICANS WITH DISABILITIES ACT OF 1990………………………….

III. NEW JERSEY BUSINESS REGISTRATION CERTIFICATE…………………..

IV. DEBARRED, SUSPENDED & DISQUALIFIED BIDDER…………………….

V. OWNERSHIP DISCLOSURE …………………………………………………..

VI. DISCLOSURE OF INVESTIGATIONS AND OTHER ACTIONS INVOLVING

VENDOR ………………………………………………………………………...

VII. DISCLOSURE OF PROHIBITED ACTIVITIES IN RUSSIA OR BELARUS…

VIII. DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN………………

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IX. DIANE B. ALLEN EQUAL PAY ACT…………………………………..

X. NON-COLLUSION AFFIDAVIT………………………………………………….

XI. ACKNOWLEDGEGMENT OF ADDENDA……………………………………...

XII. AUTHORIZATION OF SIGNATORIES…………………………………………

XIII. CHECKLIST OF PROPOSAL SUBMITTED DOCUMENTS……………………

SECTION 4 – CONTRACT SELECTION PROCESS

I. SELCTION PROCESS

II. CAUSES FOR REJECTING BIDS

SECTION 5 – CONTRACT AWARD/CONTRACT SUBMISSION REQUIREMENTS

SECTION 6 – CONTRACT AND TERM

SECTION 7 – MISCELLANEOUS

APPENDIX A – PROPOSED CONTRACT

APPENDIX B – MANDATORY EQUAL OPPORTUNITY LANGUAGE

APPENDIX C – EXHIBITS

BID SPECIFICATIONS (SCOPE OF WORK)………………………………………..EXHIBIT A

BID DOCUMENT SUBMISSION CHECKLIST .......................................................... EXHIBIT B

BID FORMS ...................................................................................................................... EXHIBIT C

Bid Proposal/Schedule of Prices ......................................................................................... Exhibit C-1 List of Subcontractors ......................................................................................................... Exhibit C-2 Certification of Equipment ................................................................................................. Exhibit C-3 Acknowledgment of Addenda ............................................................................................ Exhibit C-4 Compliance with or Exceptions to the Bid Specifications and Contract Documents ................................................................................................ Exhibit C-5 Acknowledgment of Truth in Contracting Law .................................................................. Exhibit C-6 Acknowledgment of Contract Acceptance ......................................................................... Exhibit C-7

BIDDER'S QUALIFICATION AND DISCLOSURE STATEMENTS ...................... EXHIBIT D

Debarred, Suspended and Disqualified Bidder Certification .............................................. Exhibit D-1 Ownership Disclosure Form .............................................................................................. Exhibit D-2 Disclosure of Investigations & Other Actions Involving Bidder Form .............................. Exhibit D-3 Disclosure of Prohibited Activities in Russia or Belarus Form ......................................... Exhibit D-4

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Disclosure of Investment Activities in Iran Form ............................................................... Exhibit D-5 Non-Collusion Certification................................................................................................ Exhibit D-6 Certification of Bidder's Qualifications .............................................................................. Exhibit D-7 Certification of New Jersey Business Registration ............................................................. Exhibit D-8 Certification of New Jersey Business Registration for Subcontractor................................ Exhibit D-4S

CERTIFICATION OF PERSON(S) AUTHORIZED TO SIGN

BID DOCUMENTS .......................................................................................................... EXHIBIT E

Person Authorized to Sign Bid Documents of Corporation Bidder .................................... Exhibit E-1 Corporate Resolution Authorizing Person to Sign Bid Documents.................................... Exhibit E-2 Person Authorized to Sign Bid Documents for Individual Bidder ..................................... Exhibit E-3 Person Authorized to Sign Bid Documents of Partnership Bidder ..................................... Exhibit E-4 Person Authorized to Sign Bid Documents of Limited Liability Company ....................... Exhibit E-5 Person(s) Authorized to Sign Bid Documents of Joint Venture Bidder ............................. Exhibit E-6

SECURITY AND INDEMNIFICATION ....................................................................... EXHIBIT F

Bid Bond ............................................................................................................................. Exhibit F-1 Consent of Surety as to Performance and Payment Bond .................................................. Exhibit F-2

COMPOSITION AND COMPENSATION OF WORK FORCE ................................ EXHIBIT G

Bidder's Certification of Equal Employment Opportunity/Affirmative Action;

Composition and Compensation of Work Force ........................................................... Exhibit G-1

APPENDIX D – EXHIBIT DOCUMENTS TO BE SUBMITTED BY SUCCESSFUL BIDDER

Insurance and Indemnification Hold Harmless and Indemnification Agreement ................................................................ Exhibit F-3 Performance and Payment Bond ........................................................................................ Exhibit F-4 Workers' Compensation Agreement ................................................................................... Exhibit F-5 Insurance Certificates.......................................................................................................... Exhibit F-6 Warranties ........................................................................................................................... Exhibit F-7 Contractor’s Workforce Composition and Compensation Affirmative Action Certification ......................................................................................... Exhibit G-2 Americans with Disabilities Act of 1990 ............................................................................ Exhibit G-3 Contractor’s Certification Regarding Injury and Illness History………………………….Exhibit G-4 Contractor’s Health and Safety Certification……………………………………………...Exhibit G-5 New Jersey Prevailing Wage Rates Compliance Certification ......................................... ..Exhibit G-6 Prevailing Wage Rates Compliance Certification……………………………………..…. Exhibit G-7 Contract Documents Person Authorized to Sign Contract Documents of Corporation Successful Bidder. ......... Exhibit H-1 Corporate Resolution Authorizing Person to Sign Contract Documents............................ Exhibit H-2 Person Authorized to Sign Contract Documents of Individual Successful Bidder. ........... Exhibit H-3 Person Authorized to Sign Contract Documents of Partnership Successful Bidder. .......... Exhibit H-4

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Person Authorized to Sign Contract Documents of Limited Liability Company Successful Bidder................................................................................................................ Exhibit H-5 Persons Authorized to Sign Contract Documents of Joint Venture Successful Bidder. ..... Exhibit H-6 Contract Document Submission List .................................................................................. Exhibit H-7 Third Party Agreement ....................................................................................................... Exhibit H-8 Contractor Safety Rules ...................................................................................................... Exhibit J

APPENDIX E – EXHIBIT DOCUMENTS FOR USE DURING AND AFTER CONTRACT

COMPLETION

Authority Voucher .............................................................................................................. Exhibit I-1 Contractor's Affidavit Regarding Settlement of Claims ..................................................... Exhibit I-2 Notice of Contract Acceptance and Certification of Final Payment................................... Exhibit I-3 Notice of Contract Completion and Release of Bond(s) .................................................... Exhibit I-4 Consent of Surety to Final Payment ................................................................................... Exhibit I-5 Report of Unsatisfactory Material/Service ......................................................................... Exhibit I-6 Proposal to Modify Contract ............................................................................................... Exhibit I-7

SECTION 1

INTRODUCTION AND GENERAL INFORMATION

I. INTRODUCTION

The Middlesex County Utilities Authority (the “Authority”) is a public body politic and corporate, constituting a political subdivision of the State of New Jersey. The Authority was established by the Middlesex County Board of Chosen Freeholders as an instrumentality of the County, exercising public and essential governmental functions, to provide for the public health and welfare, having perpetual succession and having express and implied powers by virtue of and under N.J.S.A. 40:14B-1 et seq., more commonly known as the “Municipal and County Utilities Authorities Law.”

The Authority is seeking Bids, through this Request for Bids (“RFB”), for Contract No.

26-7-5(AC)/Standby Generator Service Repair & Appurtenant Work. Bidders must meet the requirements set forth herein and provide a complete and detailed Bid with respect to the services sought in this RFB. Failure to comply with the requirements of the RFB may result in a rejection of the Bid.

II. DEFINITIONS

Whenever the following words and terms appear in this RFB, including the Specifications and Contract Documents and the Contract, they shall have the meanings set forth below, unless the context clearly dictates otherwise. Bidders are advised that additional words and terms may be defined in the body of the text of the Specifications and Contract Documents and the Contract:

Authority means the Middlesex County Utilities Authority or the Authorized Representative of the Authority.

Authorized Representative of the Authority means any member, committee, officer, or representative of the Authority duly authorized to execute the Contract on behalf of the Authority.

Authorized Representative of the Bidder means any member, committee, officer, or representative of the Bidder duly authorized to execute the Contract on behalf of the Bidder. If the Bid is made by an individual, then the Authorized Representative shall be the individual; if made by a firm or partnership, the Authorized Representative shall be all of the general partners; if made by a corporation, the Authorized Representative shall be an official authorized by the corporation as evidenced by Corporate Resolution; if made by a Joint Venture, the Authorized Representative of the Joint Venture shall be the Authorized Representative of each member of the Joint Venture as indicated above for each entity.

Bid means a bid proposal to the Authority to enter into the Contract for the performance of the Work which satisfies all of the material requirements of the RFB.

Bidder means the person, firm, corporation, or entity that submits a Bid to the Authority.

Contract means the Contract to be executed between the Successful Bidder and the Authority as set forth in Appendix A, including all Specifications and Contract Documents relating to the Work, all Addenda, if any, to the Specifications and Contract Documents, the Bid of the Successful Bidder, including all documents submitted to the Authority therewith, or relating thereto, all documents submitted to the Authority by the Successful Bidder in connection with or subsequent to the award of the Contract to the Successful Bidder or the execution thereof, all Change Orders or other modifications of the Contract entered into by the Successful Bidder and the Authority, all other documents submitted to the Authority by the Successful Bidder regarding its Bid, the award of the Contract or the Work or performance thereof, and all directions or instructions issued by or on behalf of the Authority to the Successful Bidder concerning the Contract and/or the performance of the Work.

Contractor means the Successful Bidder.

Delivery and Delivered mean transportation to the site specified herein and shall include all transportation charges fully prepaid by the Successful Bidder. Delivery shall include uncrating, assembly, and thorough servicing such that the goods, materials and/or equipment is ready for use by the Authority to the extent required by the Specifications and Contract Documents.

F.O.B. Destination, Freight Prepaid means the Successful Bidder pays and bears freight charges, owns goods in transit and files all claims for overcharge, loss, and damage.

Final Acceptance means that the Successful Bidder has completed the Work, including any and all corrections to the Work to the Authority’s satisfaction, has Delivered to the Authority all maintenance and operating instructions, schedules, warranties, guarantees, Bonds, Certificates of Inspection, marked-up record documents and all other documents required by the Specifications and Contract Documents, and the Authority has accepted the Work by executing and Delivering to the Successful Bidder, the Notice of Contract Acceptance and Certification for Final Payment, provided in Exhibit I-4, hereto.

NJDEP means New Jersey Department of Environmental Protection.

Notice means a written notice.

Notice to Proceed means the notification letter from the Authority to the Contractor stating the date the Contractor can begin work subject to the conditions of the Contract. The performance time of the Contract starts from the Notice to Proceed date.

Owner means the Middlesex County Utilities Authority.

Segregated Facilities means any waiting rooms, work areas, rest rooms and washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees and which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color or national origin, because of habit, local custom or otherwise.

Shop Drawings means all drawings, diagrams, illustrations, schedules, including supporting data, which are specifically prepared for this contract and submitted by the Bidder pursuant to the requirements of the Bid Specifications or the Engineer to illustrate some portion of the Work.

Specifications and Contract Documents means this RFB document and all Exhibits hereto, all plans and drawings relating to the Work, the Bid of the Successful Bidder, including all Exhibits and other documents completed by and/or accompanying the Bid, and the Contract.

Subcontractor means a person, firm, corporation, or entity supplying labor materials and/or other services regarding the Work to be performed under the Contract under separate contract or agreement with the Contractor.

Successful Bidder means the Bidder whose Bid has been deemed the lowest responsive and responsible bid.

Uncontrollable Circumstance means any event that is beyond the control and without the fault of the Successful Bidder and/or his/her Subcontractors and which causes a delay in meeting any of the dates for performance required by the Specifications and Contract Documents, which may be occasioned by, among other things:

1. Act of God;

2. Civil Disturbances;

3. Subcontractor or supplier default;

4. Strikes;

5. Failure of a federal or state regulatory agency to issue any necessary permit or approval in a timely fashion, provided that in accordance with all applicable laws and regulations, the Successful Bidder timely submitted an application, has done all it can do to ensure that such application is complete, has provided all necessary supporting information for license and for use by the Authority and is otherwise entitled to such permit or approval; or the Authority is delayed in receiving such permit(s) or approval(s)); or

6. A judicial injunction (where such injunction is issued by a court of competent jurisdiction directed against Work actually being performed in furtherance of the Contract Documents and provided that the Contractor, where appropriate, has exercised due diligence and best efforts in resisting such injunction including appeals and further provided that the Contractor has acted in accordance with applicable statutes and regulations).

USEPA means the United States Environmental Protection Agency.

Work means the goods and/or services required to be performed or provided by the Successful Bidder as described in the Specifications and Contract Documents, all drawings relating to the Work, and all activities and effort necessary to deliver same to the Authority in accordance with the Specifications and Contract Documents.

Workman means any laborer, mechanic, skilled or semi-skilled, laborer and apprentices or helpers employed by the Contractor or Subcontractor and engaged in the performance of services directly upon a public work, regardless of whether their work becomes a component part thereof, but does not include material suppliers or their employers who do not perform services at the job site.

III. BID SUBMISSION DATE AND DELIVERY REQUIREMENTS

All bids shall be submitted electronically through the BidNet Direct platform no later than 10:00 a.m. on November 13, 2026. The bids will be opened publicly and read via live stream.

Bidders shall upload all required documents electronically via the BidNet Direct platform except for the physical delivery of delivery of original bid security and/or surety certificates pursuant to N.J.A.C. 5:34-5.3(f). No physical submissions shall be received, opened or honored, regardless of the delivery methods.

Bids shall not include large volumes of preprinted information which requires lengthy legal and technical review to ascertain conformance with the Specifications and Contract Documents, nor shall Bids merely reiterate the Scope of Work or make simple statements that tasks will be performed where proper response requires a clear indication of the Bidder's understanding of the Work.

The Authority reserves the right to postpone the date for receipt and opening of bids and will give written notice of any such postponement to each perspective Bidder as required by law.

IV. COST OF BID PREPARATION

Each Bid and all information required to be submitted pursuant to this RFB, shall be prepared at the sole cost and expense of the Bidder. There shall be no claims whatsoever against the Authority, its staff or its professional consultants, including, but not limited to, engineers, attorneys, planners, architects, and surveyors, for reimbursement for the payment of any costs or expenses incurred by the Bidder in the preparation of the Bid or other information related in any way to this RFB.

V. QUESTIONS, ADDENDA AND AMENDMENTS

All questions and requests for clarifications pertaining to this RFB shall be submitted via e-mail to the attention of Janet Rzepka, General Manager of Procurement – WW Division at jrzepka@mcua.com or in writing to the Authority, by no later than 4 p.m. on October 29, 2026, at the Middlesex County Utilities Authority, 2571 Main Street Extension, Sayreville, New Jersey 08872. Attn: Janet Rzepka.

The Bidder understands and agrees that its bid is submitted on the basis of the RFB prepared by the Authority. The Bidder accepts the obligation to become familiar with the RFB. At the time of the opening of the Bids, each Bidder will be presumed to have read and to be thoroughly familiar with the Specifications and Contract Documents (including all Addenda thereto, if any) and to be fully informed and satisfied as to the conditions existing, the character and requirements of the Specifications and Contract Documents and the difficulties attendant to the Work. The failure or omission of any Bidder to examine any portion of the Specifications and Contract Documents or any form, instrument, or documents made a part thereof, shall in no way relieve any Bidder from any obligation under the Contract. Further, each Bidder must inform himself/herself fully of the conditions relating to the production and delivery of the Work and the employment of labor therefor. Failure to do so will not relieve a Successful Bidder of the obligation to furnish all equipment, material, supplies and labor necessary to carry out the provisions of the Contract.

Bidders are expected to examine the RFB and all related bid documents with care and observe all their requirements. Ambiguities, errors, or omissions noted by Bidders should be promptly reported in writing to Janet Rzepka, General Manager of Procurement – WW Division at jrzepka@mcua.com. Any Bidder who wishes to challenge any Bid Specification shall file such challenges in writing with the Authority, to the attention of Janet Rzepka, no less than three (3) business days prior to the date for the opening of the Bids. Challenges filed after that time shall be considered void and having no impact on the Authority or the award of the Contract pursuant to N.J.S.A. 40A:11-13. In the event a Bidder fails to notify the Authority of such ambiguities, errors or omissions, the Bidder shall be bound by the requirements of the Specifications and the Bidder’s submitted Bid.

Bidders are also required to carefully review the Form of Contract which is included as Appendix A to this RFB. Any questions regarding the Form of Contract must be submitted during the period for receipt of questions for the RFB. Questions or proposed changes regarding the Contract that are received after the deadline for the receipt of questions will not be considered.

Importantly, the Authority is under no obligation to grant or accept any requested changes to its Form of Contract. By submitting a Bid in response to this RFB, Bidders agree to be bound by the Form of Contract attached in Appendix A and any revisions, if applicable, as provided by the Authority. In this regard, Bidders shall complete and submit as part of its Bid Submission, the Acknowledgment of Contract Acceptance provided in Exhibit C-7 to this RFB.

No oral interpretation, response or clarification of the meaning of the Specifications and Contract Documents will be made to any Bidder.

Any Addenda will be issued on the BidNet Direct Platform at https://www.bidnetdirect.com/new-jersey/mcuaww and processed in accordance with N.J.S.A.

40A:11-23(c)(1). It is the sole responsibility of each respondent to monitor the BidNet Direct Platform for addenda. Failure to acknowledge addenda may result in rejection of the submission.

. Addenda will be issued by the Authority via the BidNet Direct Platform and will constitute a part of the RFB. All responses to the RFB must be prepared with full consideration of the Addenda issued by the Authority prior to the Bid submittal date. Bidders shall be solely responsible for making certain that they have responded accordingly. Bidders shall complete and submit the Acknowledgment of Addenda Form provided in Exhibit C-4, as part of the Bid submission.

VI. WITHDRAWAL OF BID

A Bid may be withdrawn via BidNet at any time prior to the scheduled time for the opening of bids or any authorized postponement thereof. No Bid may be withdrawn subsequent to the time scheduled for the opening of the Bids or any authorized postponement thereof.

Once Bids have been opened, they shall remain firm for a period of sixty (60) calendar days.

VII. CERTIFICATION AND OWNERSHIP OF DOCUMENTS

All documents resulting from the Work provided by the Bidder pursuant to this RFB, shall be the sole property of the Authority. No documents shall be released to other parties without the prior written consent of the Authority.

VIII. PRE-BID MEETING

A Pre-Bid Meeting will be held on October 23, 2026 at 10:00 a.m. The Pre-Bid Meeting and Site Inspection for generators at the Central Treatment Plant (CTP) will be held at the Authority’s offices at 2571 Main Street Extension, Sayreville, New Jersey. Attendance is not mandatory, but is strongly recommended. Failure to attend the Pre-Bid Meeting does not relieve the Bidder of any obligations or requirements. Bidder can be held to have knowledge that would have been gained if the Bidder attended the Pre-Bid Meeting.

IX. PRE-BID SITE INSPECTION FOR OTHER SITES

It is recommended that Bidders inspect the Authority’s other sites which are identified in the Bid Specifications (Scope of Work) set forth in Exhibit A. Bidders are to contact Janet Rzepka, General Manager of Procurement – WW Division at 732-721-3800 ext 594 or via email at jrzepka@mcua.com to schedule an appointment. Bidders can be held to have knowledge that would have been gained if the Bidder attended the Site Inspection.

SECTION 2

GENERAL BID SUBMISSION REQUIREMENTS

Bidders must submit the documents and information set forth in this Section 2 and in Section 3 herein, as part of the Bid Submission to demonstrate that the Bidder meets the requirements of the RFB. Failure to comply with the Bid requirements may constitute a material deficiency which may be cause for rejection of the Bid. The Bidder shall not reassemble or rearrange Exhibits or Exhibit pages but shall submit the required documents with all pages correctly assembled and no double-sided printing, in the order set forth by the Authority in the

RFB.

I. BID DOCUMENT SUBMISSION CHECKLIST

Bidders must initial and sign the Bid Document Submission Checklist provided in Exhibit B and include the completed form as part of its Bid submission.

II. TRUTH IN CONTRACTING

The following statutes that represent “Truth in Contracting” laws apply to this RFB and the Contract:

• N.J.S.A. 2C:21-34, et seq. governs false claims and representations by Bidders. It is a serious crime for the Bidder to knowingly submit a false claim and/or knowingly make material misrepresentation.

• N.J.S.A. 2C:27-10 provides that a person commits a crime if said person offers a benefit to a public servant for an official act performed or to be performed by a public servant, which is a violation of official duty.

• N.J.S.A. 2C:27-11 provides that a Bidder commits a crime if said person, directly or indirectly, confers or agrees to confer any benefit not allowed by law to a public servant.

• Bidders should consult the statutes or legal counsel for further information.

Pursuant to N.J.S.A. 2C:21-3b, each Bidder shall certify its knowledge and understanding of the Truth in Contracting laws by completing Exhibit C-6 and including same as part of its Bid submission.

III. BRAND NAMES, STANDARDS OF QUALITY AND PERFORMANCE

Whenever a Brand Name appears herein, it is to be understood that an “Or Equal” equivalent brand may be proposed in accordance with N.J.S.A. 40A:11-13. If a Bidder proposes a substitute equivalent for the materials, goods or equipment specified in the Specifications in Exhibit A, the Bidder shall submit with its Bid Proposal all supporting documents and information necessary to enable the Authority to evaluate the proposed substitute for its equivalency to the materials, goods or equipment set forth in the Specifications. The Bidder shall, identify and describe in Exhibit C-5 hereto, and in any additional sheets annexed thereto, all deviations from the Specifications set forth in Exhibit A and provide documentation and information to establish the proposed substitute is the equivalent to the materials, goods or equipment specified in Exhibit A. Note that the mere submission of manufacturer’s or supplier’s specifications or data will not be considered sufficient. The Authority shall evaluate the documentation and information concerning the proposed substitute and make a preliminary determination prior to the time of the award of the Contract whether the proposed substitute is equivalent to the materials, goods or equipment specified in Exhibit A.

“Or Equal Bids” which do not comply with the requirements herein, shall not be considered.

IV. “BUY AMERICAN” PROVISION

Only manufactured and farm products of the United States, wherever available, shall be used in the Work required by these Specifications and Contract Documents.

V. BID SECURITY, BONDS, INDEMNIFICATION, INSURANCE AND

WARRANTIES

5.1 Bid Security/Consent of Surety

5.1.1 - Amount and Form

Each Bid shall be accompanied by Bid Security in the amount of ten percent (10%) of the total of all Bid Items for which a Bid is submitted, but not to exceed a total amount of $20,000. The Bid Security shall be a certified, cashier’s or treasurer’s check or money order, or a Bid Bond.

5.1.1.1 - Any certified, cashier’s or treasurer’s check or money order shall be made payable to the order of the Authority and shall specify the title of the Contract as set forth in Section 1, Introduction, of this RFB.

5.1.1.2 - The Bid Bond shall be in substantially the same form as provided in Exhibit F-1 hereto, issued by a duly authorized Surety Company authorized to conduct business in the State of New Jersey by the New Jersey Department of Banking and Insurance, satisfying the standards set forth in N.J.S.A. 2A:44-143 and 2A:44-144, and listed by the United States Treasury Department in its latest Circular 570 list of qualified Surety Companies, and acceptable to the Authority.

No Bond of an otherwise acceptable Surety will be accepted if the required Bonds exceed the limit for which the U.S. Treasury has qualified the Surety for any one Bond.

5.1.1.3 - In addition to Bid Security, and regardless of the chosen form of Bid

Security, each Bid shall be accompanied by a Consent of Surety as to the Performance and Payment Bond described in Section 3.2, duly executed by a Surety satisfying the standards set forth above. The Consent of Surety shall be in substantially the same form provided in Exhibit F-2 hereto, and shall provide that, in the event the Bidder is awarded the Contract, the Surety shall issue the Performance and Payment Bond required by the RFB.

5.1.2 - Signatories

The Bid Bond and Consent of Surety shall be duly executed by the Bidder as Principal and the Surety Company's Attorney-in- Fact and witnessed and attested to with their certified and effectively dated Power of Attorney attached.

5.1.3 – Submission of Bid Security

Pursuant to N.J.A.C. 5:34-5.3(f), the Bid Security and Consent(s) of Surety required under this Section 5.1 must be submitted via one of the following methods, at the option of the Bidder:

1. Physical Bid Bonds/Consent(s) of Surety: A Bidder may elect to submit a physical Bid Bond and/or Consent(s) of Surety (as may be applicable). If utilizing this option, the Bidder must upload a clear, legible image of the physical Bid Bond and/or Consent(s) of Surety to the BidNet Direct platform along with their electronic Bid submission. Additionally, the original Bid Bond and/or Consent(s) of Surety must be delivered to the Authority in a sealed envelope prior to the scheduled date and time for receipt of Bids. The sealed envelope shall not be opened by the Authority until the official date and time established for the electronic bid opening.

2. Certified Checks or Cashier’s Checks: A Bidder electing to submit a cashier’s check or certified check as their Bid Security must upload a clear, legible image of the front and back of the check to the BidNet Direct platform along with their electronic Bid submission. Additionally, the original, physical check must be delivered to the Authority in a sealed envelope prior to the scheduled date and time for receipt of Bids. The sealed envelope shall not be opened by the Authority until the official date and time established for the electronic Bid opening.

3. Bidders bear the sole responsibility for ensuring that any required physical documents (i.e., the original cashier’s check, certified check, physical Bid Bond, or physical Consent(s) of Surety) are received by the Authority prior to the official bid opening date and time. Bid Security and Consent of Surety documents received after such time will not be accepted. The Authority shall not be responsible for any delays in the physical delivery of required original documents by courier, postal service, or any other means.

Any physical bid security and/or Consent of Surety document received after the official date and time established for the bid opening must be deemed late in accordance with law, will be returned to the Bidder unopened, and will be cause for rejection of the bid as non-responsive.

5.1.4 - Return of Bid Security

After the opening of Bids, the Authority will return the Bid Security of all Unsuccessful

Bidders, except the three (3) lowest responsive and responsible Bidders, within the time required by law. The Bid Securities held by the Authority will be returned to those unsuccessful Bidders within the time required by law following the Authority’s receipt from the Successful Bidder of the following:

(a) Proper Performance and Payment Bond pursuant to Section 3.2 below;

(b) Documentation of required insurance pursuant to Section 3.3 below; and

(c) Properly executed documents constituting the Contract.

5.1.5 - Forfeiture of Bid Security

Bid Security shall be forfeited in the event the Successful Bidder fails to execute and deliver the Contract or fails to deliver the required Bonds, Insurance and other required documents within the time set forth herein.

5.2 Bonds

Performance and Payment Bond

5.2.1 - Amount and Form

The Successful Bidder (a) shall furnish a Performance and Payment Bond in substantially the same form as Exhibit F-4 hereof issued by a Surety Company authorized to conduct business in the State of New Jersey by the New Jersey Department of Banking and Insurance, satisfying the standards set forth in N.J.S.A. 2A:44-143 and 2A:44-144, listed by the New Jersey Department of Banking and Insurance and by the U.S. Treasury Department in its latest Circular 570 list of qualified Surety Companies, and acceptable to the Authority for the full term and amount of the bid, as accepted by the Authority; and (b) shall pay all premiums due thereon during the term of the Contract. The Performance and Payment Bond shall be 25% of the total amount of all Bid Items awarded to the Successful Bidder and be conditioned upon the faithful performance of the Contract. No Bond of an otherwise acceptable Surety will be accepted if the required Bond exceeds the limit for which the U.S. Treasury Department has qualified the Surety for any one Bond. The Performance and Payment Bond shall be accompanied by the Surety Disclosure Statement and Certification contained in Exhibit F-4 hereof.

5.2.2 - Signatories

The Attorney-in-Fact of the Surety must sign the Performance and Payment Bond and the

Bond must be accompanied by a certified and effectively dated copy of the Power of Attorney for the Attorney-in-Fact.

5.3 - Indemnification and Insurance Requirements

5.3.1 - Indemnification

The Successful Bidder shall indemnify, hold harmless and defend the Authority and the Authority’s officers and employees, from and against (a) any claim, demand, action or cause of action asserted by any of the Successful Bidder’s officers, employees, agents or representatives, or any of Successful Bidder’s Subcontractors, materialmen or suppliers, their officers, employees, agents or representatives or statutory beneficiaries by reason of any personal injury, death or property damage resulting from any occurrence on the Authority’s premises or in the performance of the Work or any portion thereof, and (b) any and all losses, damages, claims, liabilities and causes of action of every kind and nature resulting from or arising out of any action or inaction of the Successful Bidder, its employees, agents, representatives, Subcontractors, or any of their materialmen or suppliers in the performance of the Work or any portion thereof. No insurance required herein to be maintained by the Successful Bidder shall in any way relieve or diminish the Successful Bidder’s responsibilities, obligations, and/or liabilities under the Specifications and Contract Documents.

5.3.2 - Insurance Requirements

The Successful Bidder shall purchase and maintain during the term of the Contract the following insurance from an insurance company or companies with a rating of A or better from the most recent BEST’s Key Rating Guide:

5.3.2.1 - Commercial General Liability Insurance with limits of not less than

$1,000,000.00 Combined Single Limit per occurrence and General Aggregate of $2,000,000.00 per project or location. The Authority shall be listed as additional insured under the policy for “owners, lessees, or contractors.” This coverage shall be primary and shall include defense of the Authority as a supplement to the limit of liability.

5.3.2.2 - Business Automobile Liability Insurance covering claims arising from “Any Auto,” including owned, hired and non-owned vehicles, with limits of not less than $1,000,000.00 for any one person and $1,000,000.00 for any one accident for bodily injury and $1,000,000.00 for each accident for property damage, or a combined single limit of $2,000,000.00. The Authority shall be included under the omnibus clause as an organization legally responsible for use of all vehicles used in the performance of the Work, or by an Additional Insured Endorsement. A “Bridge” Endorsement to coordinate coverage between Commercial General Liability and Business Auto Policy shall be attached to Business Auto Policy if there are two different carriers.

5.3.2.3 - Worker’s Compensation and Employer’s Liability Insurance covering all employees engaged in the performance of the Contract in accordance with all applicable statutes. Proof of such coverage shall be provided as set forth in Exhibit F-5 hereof, unless the Successful Bidder is self-employed as an individual and has no employees, in which case the Successful Bidder shall so certify as provided in Exhibit F-5.

5.3.2.4 - Cyber Liability Insurance, with limits not less than $1,000,000 per occurrence or claim, $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Vendor in this agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations

5.4 Certificates of Insurance

5.4.1 - Submittal Date

The Successful Bidder shall furnish Certificate(s) of Insurance evidencing the above insurance coverage and the Authority shall be listed as additional insured on the policy for

“owners, lessees, or contractors.” The Certificate(s) of Insurance shall state that the Authority “is an additional insured with respect to liability arising out of the Contractor’s operations performed for the Authority,” or equivalent language. The Certificate(s) of Insurance shall be submitted with the fully executed counterparts of the Contract.

5.4.2 - Notice of Termination or Change

Said Certificate(s) of Insurance shall be endorsed to indicate that the insurer shall not terminate the coverages listed therein unless it first provides the Authority not less than thirty (30) days’ notice of termination of coverage or substantial changes thereof.

5.5 Manufacturer’s Warranty

The Contractor shall provide a Manufacturer’s Warranty on all material, parts, and workmanship for equipment to be provided under the terms of this Contract. The term of said warranty shall run from the date of the Authority’s acceptance of said material, parts, and equipment. Said Warranty shall be accompanied by a certification from the supplier that said material, parts and/or equipment has been furnished and/or installed in accordance with warranty requirements.

5.6 Contractor’s Guarantee for Acceptance of Defective Work

The Authority may require the Contractor to furnish, at the Contractor’s expense, a special Performance Guarantee or other surety prior to acceptance of defective work or materials.

5.7 Contractor’s Warranty of Title

The Contractor warrants and guarantees that title to all work, materials and equipment covered by any payment request, will pass to the Authority at the time of payment free and clear of all liens, claims, security interests and encumbrances, and the Authority may require the Contractor to furnish said title(s) prior to payment for said work, materials or equipment and/or execute the form of Affidavit to that effect as set forth in Exhibit I hereto.

5.8 Additional Indemnification

In addition to indemnifications set forth in 5.3 above, where applicable, the Contractor shall provide signed Indemnification and Hold Harmless Agreements in the form(s) set forth in Exhibit F-3 prior to use of Authority equipment and prior to admittance of subcontractors or food vendors to the Work Site.

VI. BID PROPOSAL

Each Bid shall be completed and submitted electronically by the Bidder’s Authorized Representative on the Proposal Form set forth in Exhibit C-1 hereto, and shall specify the price for each item of Work, both in words and figures (as indicated on said Proposal Form) for which the Bidder will fulfill all the terms and conditions hereof. Partial bids shall not be accepted.

If the amount shown in words and its equivalent in figures do not agree, the written words shall be binding. Ditto marks are not considered writing or printing and shall not be used.

In the event that there is a discrepancy between the unit prices and the extended totals, the unit prices shall prevail. In the event there is an error of the summation of the extended totals, the computation by the Authority of the extended totals shall govern.

The Authority is exempt from any local, state or federal sales, use or excise tax. The Authority will not pay for N.J. State Sales and Use Tax that are included in any invoices from the Successful Bidder or any of its Subcontractors. Any and all such taxes, to the degree they may be imposed (including by way of example and not limitation, taxes imposed in connection with the lease or rental of equipment used in connection with any Authority project) shall be the sole responsibility of the Contractor any of its Subcontractors as applicable.

Estimated Quantities (Open-End Contracts): The Authority has attempted to identify the item(s) and the estimated amounts of each item bid to cover its requirements; however, past experience shows that the amount ordered may be different than that submitted for bidding. The right is reserved to decrease or increase the quantities specified in the specifications pursuant to N.J.A.C.

5:30-11.2 and 11.10. NO MINIMUM PURCHASE IS IMPLIED OR GUARANTEED.

The Bidder shall be responsible for obtaining and maintaining at his/her own cost and expense, any applicable and required permits, licenses and approvals from any government entity that has jurisdiction to require the same, that may be necessary to discharge the Bidder’s obligations set forth in the Specifications and Contract Documents. All Bids submitted shall have included this cost.

VII. SUBCONTRACTORS

The Bidder is specifically advised that the Contract may not be brokered and any person, firm or other party to whom the Bidder proposes to award any subcontract, must be a responsible Subcontractor, holding applicable licenses, acceptable to the Authority. The Bidder shall list those Subcontractors specifically identified for disclosure in Exhibit C-2. The Authority has the right to ban any Subcontractor who fails to perform in accordance with the Contract.

The Bidder shall be required to furnish evidence of the qualifications of any and all Subcontractors proposed to be used in performance of Work under the terms of this Contract. Disclosure of said qualifications shall be included with the Bid Submission and shall include, but shall not be limited to the following:

(a) Evidence of all applicable licenses, including but not limited to Electrical and Plumbing Licenses;

(b) Evidence of Business Registration as required by…