pvsc 06_18_97.pdf

“Protecting Public Health and the Environment”

CONTRACT NO. B509

PASSAIC VALLEY SEWERAGE COMMISSION

600 WILSON AVENUE

NEWARK, NEW JERSEY 07105

CONTRACT AND SPECIFICATIONS

FOR

MAINTENANCE OF GENERATOR SETS AT VARIOUS

PVSC FACILITIES FOR A TWO (2) YEAR PERIOD

August 2026

TABLE OF CONTENTS

DIVISION 0 - BIDDING REQUIREMENTS

00000 BID DOCUMENT SUBMISSION CHECKLIST

00100 INVITATION TO BID AND INSTRUCTION TO BIDDERS

00300 BID FORMS – PROPOSAL

00301 BID BOND

00302 SURETY COMPANY CERTIFICATE

00303 STATEMENT OF OWNERSHIP

00304 AFFIRMATIVE ACTION COMPLIANCE

00305 BID SHEET

00306 NON-COLLUSION AFFIDAVIT

00400 VENDOR FORMAT LIST

00401 REFERENCE QUESTIONNAIRE

00402 ACKNOWLEDGMENT OF RECEIPT OF CHANGES TO BID DOCUMENTS FORM

00403 SUBCONTRACTOR LISTING

00404 PUBLIC WORKS CONTRACTOR REGISTRATION

00500 CONTRACT AGREEMENT

00700 GENERAL CONDITIONS

00800 SUPPLEMENTAL CONDITIONS

00900 TWO-YEAR CHAPTER 51/EXECUTIVE ORDER 117 VENDOR CERTIFICATION AND

DISCLOSURE OF POLITICAL CONTRIBUTIONS

00901 NOTICE OF EXECUTIVE ORDER 125

00902 N.J.S.A. 19:44A-20.27 – ANNUAL POLITICAL CONTRIBUTION DISCLOSURE

REQUIREMENTS

DIVISION 1 - GENERAL REQUIREMENTS

01010 SCOPE OF WORK

01011 ERRORS OR OMISSIONS OF DETAILS IN SPECIFICATIONS

01025 PAYMENT

01037 REPLACEMENTS

01038 CARE AND PROTECTION OF PROPERTY AND MATERIALS

01046 WORKING HOURS

01048 SUBCONTRACTORS

01110 ENVIRONMENTAL PROTECTION PROCEDURES

01310 SCHEDULING

01420 INSPECTION AND ACCEPTANCE

01421 DEFECTIVE WORK, EQUIPMENT OR MATERIALS

01422 OWNER’S RIGHT TO DO WORK AND THREE-DAY CLAUSE

01602 TOOLS, EQUIPMENT AND UTILITIES

01603 SAFETY

01604 MATERIALS HANDLING AND STORAGE

01630 DOMESTIC PRODUCTS AND MATERIALS

01710 QUALIFICATION OF CONTRACTOR

01720 TRADE PRACTICE/SUPERVISION

01730 WARRANTY AND QUALITY ASSURANCE

01750 MAINTENANCE OF PLANT OPERATIONS DURING CONSTRUCTION

DIVISION 2 - SITE WORK **

DIVISION 3 - CONCRETE **

DIVISION 4 - MASONRY **

DIVISION 5 - METALS **

DIVISION 6 - WOOD AND PLASTIC **

DIVISION 7 - THERMAL AND MOISTURE PROTECTION **

DIVISION 8 - DOORS AND WINDOWS **

DIVISION 9 - FINISHES **

DIVISION 10 - SPECIALTIES **

DIVISION 11 - EQUIPMENT **

DIVISION 12 - FURNISHINGS **

DIVISION 13 - SPECIAL CONSTRUCTION **

DIVISION 14 - CONVEYING SYSTEMS **

DIVISION 15 - MECHANICAL **

DIVISION 16 - ELECTRICAL

16200 POWER GENERATORS

16201 GENERAL

16202 CONTRACT ITEMS

16203 REPLACEMENT PARTS

16204 ACCESS TO EQUIPMENT

16205 EMERGENCY BREAKDOWN

16206 CONTRACTOR’S WORK REPORT

16207 MONTHLY GUARANTEED RESERVATION

16208 RENTAL UNIT IDENTIFICATION PROCEDURE

** NOT PART OF THIS CONTRACT

APPENDIX 1

Certification of Non-Involvement in Prohibited Activities In Russia Or Belarus

APPENDIX 2

American with Disabilities Act (ADA) of 1990

APPENDIX 3

Prevailing Wages:

o Essex County o Statewide – NJ o Federal – Essex County, NJ

APPENDIX 4

Notification Letter for Temporary Chemical or Fuel Storage Tanks, Equipment, & Reciprocation Internal Combustion Engines (RICE) Form. And the Contractor Equipment Visual Leak Inspection SOP and Weekly Visual Leak Detection Log 1.Temporary Equipment Notification Package

2. Attachment A (Temporary Equipment Notification Form)

3. Attachment B (Temporary Equipment Schedule)

4. Attachment C (Temporary Equipment Visual Inspection and Monitoring

Checklist Procedure)

5. Attachment D (Temporary Equipment Visual Inspection and Monitoring

Checklist)

APPENDIX 5

Executive Order 189

APPENDIX 6

Disclosure of Investment Activities in Iran Form

00000 BID DOCUMENT SUBMISSION CHECKLIST

Contract No. B509 – Maintenance of Generator Sets at Various PVS Facilities for a Two (2) Year Period

NOTE: Failure to submit items 3, 4, 5, 6, 8, 9, 12 and 13 below is a mandatory clause for the bid to be rejected and/or deemed non-responsive.

Item Contract Section

Initial Each Item Submitted with Bid

1. Disclosure of Investment Activities in Iran 00100 and Appendix 6

2. Contractor’s NJ Dept. of Treasury Business Registration Certificate 00100

3. Signature/Bid Form 00300

4. Bid Bond or Certified Check 00301

5. Surety Company Certificate 00302

6. Statement of Ownership 00303

7. Affirmative Action Compliance 00304

8. Bid Sheet 00305

9. Submittal of Bid 00305

10. Non-Collusion Affidavit 00306

11. Supplement to Bid Forms Reference Questionnaire 00400

12. Supplement to Bid Forms 00401

13. Acknowledgment of Receipt of Changes to Bid Documents 00402

14. Subcontractor’s Listing 00403

15. Public Works Contractor Registration 00404

16. Insurance Requirements 00727

17. Hazardous Material (MSDS) 00826

18. Notice to all State Vendors 00833

19. Certification of Non-Involvement in Prohibited Activities in Russia or Belarus

00100 and Appendix 1

The following are the documents statutorily required with the submission of the bid proposal: Bid Bond or Certified Check (N.J.S.A. 40A:11-21); Consent of Surety (N.J.S.A. 40A:11-22); Statement of Corporate Ownership (N.J.S.A. 52:25-24.2);

Acknowledgement of Receipt of Changes to Bid Documents (N.J.S.A. 40A:11-23.1(a); and Subcontractor’s Listing (N.J.S.A.

40A:11-16). All items not specifically referenced above are highly encouraged to be submitted with the bid, but must be submitted prior to contract award.

Name of Bidder:

(Company Name)

By Authorized Representative:

Signature:

Print Name and Title:

Date:

DIVISION 0 - BIDDING REQUIREMENTS

00100 INVITATION TO BID AND INSTRUCTIONS TO BIDDERS

Notice is hereby given that Passaic Valley Sewerage Commission will receive sealed bids until 10:00 o’clock on the morning of September 24, 2026, in the PVSC Purchasing Department, Administration Building. At that time and place the sealed proposals will be publicly opened, announced and recorded via the Zoom Conferencing Application at https://pvsc.zoom.us/j/2496333971. Bidders can also dial into the bid opening by phone at (1+646 876 9923), access code (249 633 3971).

into the bid opening by phone at (1+646 876 9923), access code (249 633 3971).

The work to be performed under Contract B509 includes, but is not limited to, providing safety, supervision, labor, equipment, supplies, and replacement parts to provide for scheduled maintenance service and repairs of every description, including inspections, adjustments, tests, and replacement of parts as herein specified for the equipment covered under this contract.

The work required under this contract is indeterminate. There shall be no fixed contract amount.

Individual Task Orders will be issued to the contactors based on an agree upon detailed Scope of Work. Each Task order shall be established a Not To Exceed cost based on the labor rates provided in Section 00400

Security Notice: All contractors, subcontractors, contractor employees and/or representatives entering the plant must have and must present to PVSC Security, government issued identification such as a valid Picture Driver’s License or Passport.

This applies to bid openings, pre-bid conferences and all on-premises contract work.

All bids must be made upon the blank form of proposal annexed hereto. All blank spaces must be filled in, in ink, in both words and figures, with the amounts for which the proposal is made.

The proposal must be signed by the bidder who shall include his business address.

Proposals shall be enclosed in opaque sealed envelopes, addressed to the Passaic Valley Sewerage Commission, 600 Wilson Avenue, Newark, New Jersey 07105, with the name and address of the bidder plainly marked upon the outside thereof. (If forwarded by mail, the sealed envelope containing the proposal, marked as directed above must be enclosed in another envelope addressed as specified in the Proposal, preferably by registered mail.)

If forwarded by express carrier or other delivery service, please be advised that access to the PVSC is restricted to the following address: 699 Avenue P – Newark NJ – 07105 (GPS location of Gate #3) this is for directional purposes is only. The outside envelope containing bids must clearly identify the bid number, contract name, and bid opening date. Failure to follow this procedure is grounds for rejection.

It is the purpose of Passaic Valley Sewerage Commission not to award the contract to any bidder who does not furnish evidence satisfactory to them that he is responsible and that he has sufficient financial resources, ability, experience and equipment to enable him to prosecute the work successfully, and to fulfill all requirements of the contract.

Each bid must be accompanied by a certified check, or by a bid bond in an amount not less than $1,000 or 10% of the total bid, not to exceed $20,000.00 enclosed in a sealed envelope, with the bid. Certified checks shall be drawn upon a National Bank or a Trust Company doing business in the State of New Jersey, and shall be payable to the order of the Passaic Valley Sewerage Commission. Bid bonds shall be prepared on the form of Bid Bond attached hereto in Section 00301, and shall be duly executed by the bidder as principal and having as surety thereon, sureties or a surety company shall be licensed to do business in the State Of New Jersey, and listed in the current Federal Register, Department of the Treasury Circular 570, “Surety Companies Acceptable on Federal Bonds”, and shall be satisfactory to the Passaic Valley Sewerage Commission.

Bid securities will be returned to all except the three (3) apparent lowest responsible bidders within ten (10) days after the formal opening of bids, (Sundays and Holidays excepted) and the remaining bid securities will be returned to the unsuccessful bidders within three (3) days (Sundays and Holidays excepted) after the awarding and signing of the contract and the approval of the Contractor’s performance bond, or if no Contract has been so executed, within 60 days after the date of the opening of bids, upon demand of the bidder at any time thereafter, as long as he has not been notified of the acceptance of his bid.

All bidders on this Contract are required to complete a “Statement of Ownership” found in Section 00303.

No contractor shall bid on any contract for public work as defined in section 2 of P.L.1963,

c. 150 (C.34:11-56.26) unless the contractor is registered pursuant to this act N.J.S.A.

34:11-56.48 et seq. No contractor shall list a subcontractor in a bid proposal for the contract unless the subcontractor is registered pursuant to P.L.1999, c.238 (CN.J.S.A.

34:11-56.48 et seq.) at the time the bid is made. No contractor or subcontractor, including a subcontractor not listed in the bid proposal, shall engage in the performance of any public work subject to the contract, unless the contractor or subcontractor is registered pursuant to that act.

Pursuant to N.J.S.A. 52:32-44, Passaic Valley Sewerage Commission (“Contracting Agency”) is prohibited from entering into a contract with an entity unless the bidder/proposer/contractor, and each subcontractor that is required by law to be named in a bid/proposal/contract has a valid Business Registration Certificate on file with the Division of Revenue and Enterprise Services within the Department of the Treasury.

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

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

During the course of contract performance:

(1) the contractor shall not enter into a contract with a subcontractor unless the subcontractor first provides the contractor with a valid proof of business registration.

(2) the contractor shall maintain and submit to the Contracting Agency a list of subcontractors and their addresses that may be updated from time to time.

(3) the contractor and any subcontractor providing goods or performing services under the contract, and each of their affiliates, shall collect and remit to the Director of the Division of Taxation in the Department of the Treasury, the use tax due pursuant to the Sales and Use Tax Act, (N.J.S.A. 54:32B-1 et seq.) on all sales of tangible personal property delivered into the State. Any questions in this regard can be directed to the Division of Taxation at (609)292-6400. Form NJ-REG can be filed online at http://www.state.nj.us/treasury/revenue/busregcert.shtml.

Before final payment is made under the contract, the contractor shall submit to the Contracting Agency a complete and accurate list of all subcontractors used and their addresses.

Pursuant to N.J.S.A. 54:49-4.1, a business organization that fails to provide a copy of a business registration as required, or that provides false business registration information, shall be liable for a penalty of $25 for each day of violation, not to exceed $50,000, for each proof of business registration not properly provided under a contract with a contracting agency.

Emergency Purchases or Contracts

For purchases of an emergent nature, the contractor shall provide its Business Registration Certificate within two weeks from the date of purchase or execution of the contract or prior to payment for goods or services, whichever is earlier.

All bidders on this Contract are required to be eligible for Contract award under the terms and conditions of N.J.S.A 19:44A-20.13 et seq.

The bidder to whom a Contract is awarded will be required to provide the necessary documents as required by the statutory and regulatory cites at N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27-

1.1 et seq.

The bidder to whom a contract is awarded will be required to execute the contract within ten (10) business days(not including Saturday, Sunday or holidays) from the date of the mailing of a notice from Passaic Valley Sewerage Commission to the bidder, according to the address given him, that the contract is ready for signature; and in case of his failure or neglect so to do, Passaic Valley Sewerage Commission may, at its option, determine that the bidder has abandoned the contract; and thereupon the proposal and acceptance shall be null and void, the bid security accompanying the proposal shall be forfeited to the Passaic Valley Sewerage Commission, and the bidder shall additionally be liable for all damages to the Commission occasioned by such default.

The successful bidder shall be solely responsible for the safety of its employees, subcontractors, suppliers and representatives, including but not limited to the development and implementation of effective safety practices and programs in accordance with Federal, State and Local requirements, including the requirements of PVSC’s Construction Safety & Health Manual for Contractors:

http://www.nj.gov/pvsc/home/forms/pdf/ConstructionSafetyHealthManualforContractors0827201 2.pdf

Prior to commencing any work at the site the Successful Bidder shall designate in writing to PVSC the name of the person who is their on-site safety officer. The successful bidder shall provide a competent safety officer that must be on the project site at all times. The competent safety officer must hold (or furnish suitable proof of course completion and application for), at a minimum, a valid 10 Hour OSHA Construction card prior to the performance of any work under the contract. The successful bidder shall also furnish personnel meeting the requirements of “competent person” as defined by OSHA for all applicable aspects of the work. Submission of a bid on this project shall constitute a representation by the bidder that it has obtained, reviewed and will comply with the requirements of the Construction Safety & Health Manual, referenced above, as well as all other Federal, State and Local safety requirements, The Passaic Valley Sewerage Commission reserves the right to reject all bids pursuant to N.J.S.A. 40A:11-13.2, to waive minor informalities and to award the contract to the lowest responsible bidder in accordance with applicable law.

Investment Activities in Iran, Russia or Belarus

In accordance with N.J.S.A. 52:32-58 et seq., Bidder shall certify and submit with their bid forms of Certification promulgated by State of New Jersey Division of Purchase and Property entitled "Certification of Non-Involvement in Prohibited Activities in Iran Form" and “Certification of Non-Involvement In Prohibited Activities In Russia Or Belarus”. The forms of Certification and appropriate list dated January 28, 2013 can be found in Appendix 1 of this contract document and at:

https://www.nj.gov/treasury/purchase/forms/DisclosureofInvestmentActivitiesinIran.pdf and http://www.state.nj.us/treasury/purchase/pdf/Chapter25List.pdf, respectively.

Russia Act Notice 1.10.2024.pdf (nj.gov)

Requirements for Ineligible Telecommunication Equipment and Services Providers

The United States Government passed Public Law 115-232 in August of 2020. Among other things, this law prohibits the use of SRF funds for goods and services supplied by specific companies and corporations.

As described in section 889 of Public Law 115-232, covered telecommunications equipment or services includes:

• Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).

• For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).

• Telecommunications or video surveillance services provided by such entities or using such equipment.

• Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

There is no exhaustive list of components and services that fall under the prohibition. Project Sponsors should exercise due diligence and be particularly mindful of project components with internet or cellular connections. For example, Sponsors should be mindful of automatic meter reading (AMR) technology and advanced metering infrastructure (AMI), instrumentation control systems (e.g. process control systems, distributed control systems and programmable logic controls), and security cameras and other electronic security measures to ensure that those items are procured from a non-excluded entity. Items included in the prohibition are not eligible SRF costs, and the SRF programs cannot reimburse borrowers for these costs.

Certification of Non-Involvement in Prohibited Activities in Iran

In accordance with P.L.2022, c.3, Bidder shall certify and submit with their bid as set forth therein on a form of Certification promulgated by the Senate and General Assembly of the State of New Jersey entitled "Certification of Non-Involvement in Prohibited Activities in Iran". The form of Certification dated March 25, 2022 can be found in Appendix 5 of this contract document

If the contract is to be awarded, it will be awarded to the lowest responsive and responsible bidder(s).

All questions must be submitted to Christopher Coon electronically at ccoon@pvsc.com The final day to submit questions shall be no later than 10:00 am EST seven (7) days prior to bid date, Saturdays, Sundays and Holidays excepted.

Notice of revisions or addenda to the bid documents will be provided [in accordance with N.J.S.A 40A:11-23(c)(2).] no later than seven days, Saturdays, Sundays, or holidays excepted, prior to the date for acceptance of bids, to any person who has submitted a bid or who has received a bid package in any of the following ways: i) in writing by certified mail or ii) by certified facsimile transmission, meaning that the sender’s facsimile machine produces a receipt showing date and time of transmission and that the transmission was successful or iii) by a delivery service that provides certification of delivery to the sender.

Passaic Valley Sewerage Commission Office of the Passaic Valley Sewerage Commission

600 Wilson Avenue, Newark, N. J. 07105

_____________________________ Contract No. B509 Thomas A. Fuscaldo; Clerk

Date:____________________________

00300 BID FORMS CONTRACT NO. B509

PROPOSAL FOR

Maintenance of Generator Sets at Various PVSC Facilities for a Two (2) Year Period

To: PASSAIC VALLEY SEWERAGE COMMISSION

The undersigned, as bidder, declares that the only persons or parties interested in this proposal as principles are named under the bid signatures, that the proposal is made without collusion with any other person, firm or corporation; that he has carefully examined the annexed proposed form of contract and bond and the drawings therein referred to; and that he proposes and agrees, if this proposal is accepted, to contract with the Passaic Valley Sewerage Commission, in the form of the copy of the Contract deposited in the office of the Passaic Valley Sewerage Commission, to perform all the work described in the contract specifications in the manner and time therein prescribed, and according to the requirements of the Engineer as therein set forth, and that he will take in full payment therefore the following sums, exclusive of all taxes, to wit:

If this proposal shall be accepted by the Passaic Valley Sewerage Commission, and the undersigned shall fail to contract as aforesaid, within ten (10) working days (not including Saturday, Sunday or Holidays) from the date of the mailing of a notice from the Passaic Valley Sewerage Commission to the bidder, according to the address herewith given, that the contract is ready for signature, then the Passaic Valley Sewerage Commission may at their option determine that the bidder has abandoned the contract and thereupon the proposal and acceptance shall be null and void, and the Bid Bond or certified check and the proceeds thereof for $1,000.00 or 10% of the total bid, not to exceed $20,000.00 dollars accompanying this proposal shall become the property of the Passaic Valley Sewerage Commission and additionally the bidder shall be liable to said Commission for any and all damages accruing to said Commission by reason of said default; otherwise the accompanying Bid Bond or certified check shall be returned to the undersigned.

Signature of bidder with residence and business address.

RESIDENTIAL: BUSINESS:

Signed: ________________________________________ Dated: ______________________________

The names and residences of all persons and parties interested in the foregoing bid, as principals, are as follows:

In case of a corporation, give names of President, Treasurer and Manager.

Bidder’s New Jersey Business Registration Certificate Number:

(Also Provided Copy of Certificate)

The bidder is requested to state below what work of a character similar to that included in the proposed contract he has done and give references that will enable the Passaic Valley Sewerage Commissioner’s to judge his experience, skill and business standing.

This requirement will be fulfilled by completion of the “Reference Questionnaire” included in Section 00401 – Reference Questionnaire.

00301 BID BOND Contract No. B509

KNOW ALL MEN BY THESE PRESENTS that we, the undersigned, ____________________________ as Principal; and ________________________________________ Surety, are hereby held and firmly bound unto the Passaic Valley Sewerage Commission in the penal sum of $1,000.00 or 10% of the total bid, not to exceed $20,000.00 for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns.

Signed this __________________________________ day of _________________________, 20___.

The condition of the above obligation is such that whereas the Principal has submitted to the Passaic Valley Sewerage Commission a certain Bid, attached hereto, and hereby made a part hereof, to enter into a contract in writing, to:

NOW THEREFORE,

A. If said Bid shall be rejected, or, in the alternate, B. If said Bid shall be accepted and the Principal shall execute and deliver a contract in the form of Contract attached hereto (properly completed in accordance with said Bid) and shall furnish a bond for his faithful performance of said Contract, and shall in all other respects perform the agreement created by the acceptance of said Bid.

Then, this obligation shall be void, otherwise the same shall remain in force, and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated.

The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of time within which the Principal may accept such Bid; and said Surety does hereby waive notice of any such extension.

IN WITNESS WHEREOF, the Principal and the Surety have set their hands and seals, and such of them as are corporations having caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above.

Principal: Surety:

Print Name

By: By:

Authorized Signature

Authorized Signature

Title: Title:

Seal: Seal:

00302 SURETY COMPANY CERTIFICATE

(To Accompany Proposal)

KNOW ALL MEN BY THESE PRESENTS, that for and in consideration of the sum of $1.00, lawful money of the United States, the receipt whereof is hereby acknowledged, paid the undersigned corporation, and for other valuable consideration, the _____________________________________ __________________________________________________________(Name of Surety Company) corporation organized and existing under the laws of the State of ________________________ and licensed to do business in the State of New Jersey, certifies and agrees, that if Contract No. B509 is awarded to _______________________________________________________________________ (Name of Bidder) undersigned corporation will execute the Bond or Bonds as required by the Contract Documents and will become surety in the full amount of the Contract price for the faithful performance of the contract and for payment of all persons supplying labor or furnishing materials in connection thence with.

(Surety)

(To be accompanied by the usual proof of authority of officers of surety company to execute the same.)

00303 STATEMENT OF OWNERSHIP

CONTRACT B509 SO-1

STATEMENT OF OWNERSHIP

(OWNERSHIP DISCLOSURE CERTIFICATION)

N.J.S.A. 52:25-24.2 (P.L. 1977, c.33, as amended by P.L. 2016, c.43)

This Statement Shall Be Included with All Bid and Proposal Submissions

Name of Business:______________________________________________________

Address of Business:____________________________________________________

Name of person completing this form:______________________________________

N.J.S.A. 52:25-24.2:

"No corporation, partnership, or limited liability company shall be awarded any contract nor shall any agreement be entered into for the performance of any work or the furnishing of any materials or supplies, unless prior to the receipt of the bid or proposal, or accompanying the bid or proposal of said corporation, said partnership, or said limited liability company there is submitted a statement setting forth the names and addresses of all stockholders in the corporation who own 10 percent or more of its stock, of any class, or of all individual partners in the partnership who own a 10 percent or greater interest therein, or of all members in the limited liability company who own a 10 percent or greater interest therein, as the case may be.

If one or more such stockholder or partner or member is itself a corporation or partnership or limited liability company, the stockholders holding 10 percent or more of that corporation’s stock, or the individual partners owning 10 percent or greater interest in that partnership, or the members owning 10 percent or greater interest in that limited liability company, as the case may be, shall also be listed. The disclosure shall be continued until names and addresses of every noncorporate stockholder, and individual partner, and member, exceeding the 10 percent ownership criteria established in this act, has been listed.

To comply with this section, a bidder with any direct or indirect parent entity which is publicly traded may submit the name and address of each publicly traded entity and the name and address of each person that holds a 10 percent or greater beneficial interest in the publicly traded entity as of the last annual filing with the federal Securities and Exchange Commission or the foreign equivalent, and, if there is any person that holds a 10 percent or greater beneficial interest, also shall submit links to the websites containing the last annual filings with the federal Securities and Exchange Commission or the foreign equivalent and the relevant page numbers of the filings that contain the information on each person that holds a 10 percent or greater beneficial interest."

The Attorney General has advised that the provisions of N.J.S.A. 52:25-24.2, which refer to corporations and partnerships apply to limited partnerships, limited liability partnerships, and Subchapter S corporations.

CONTRACT B509 SO-2

This Ownership Disclosure Certification form shall be completed, signed and notarized.

Failure of the bidder/proposer to submit the required information is cause for automatic rejection of the bid or proposal

Part I

Check the box that represents the type of business organization:

Sole Proprietorship (skip Parts II and III, sign and notarize at the end)

Non-Profit Corporation (skip Parts II and III, sign and notarize at the end)

Partnership Limited Partnership Limited Liability Partnership

Limited Liability Company

For-profit Corporation (including Subchapters C and S or Professional Corporation)

Other (be specific): ______________________________________________

Part II

I certify that the list below contains the names and addresses of all stockholders in the corporation who own 10 percent or more of its stock, of any class, or of all individual partners in the partnership who own a 10 percent or greater interest therein, or of all members in the limited liability company who own a 10 percent or greater interest therein, as the case may be.

OR

I certify that no one stockholder in the corporation owns 10 percent or more of its stock, of any class, or no individual partner in the partnership owns a 10 percent or greater interest therein, or that no member in the limited liability company owns a 10 percent or greater interest therein, as the case may be.

Sign and notarize the form below, and, if necessary, complete the list below.

(Please attach additional sheets if more space is needed):

Name: ______________________________ Name: ______________________________

Address: _______________________

CONTRACT B509 SO-3

Name: ______________________________

Name: ______________________________

Part III - Any Direct or Indirect Parent Entity Which is Publicly Traded:

“To comply with this section, a bidder with any direct or indirect parent entity which is publicly traded may submit the name and address of each publicly traded entity and the name and address of each person that holds a 10 percent or greater beneficial interest in the publicly traded entity as of the last annual filing with the federal Securities and Exchange Commission or the foreign equivalent, and, if there is any person that holds a 10 percent or greater beneficial interest, also shall submit links to the websites containing the last annual filings with the federal Securities and Exchange Commission or the foreign equivalent and the relevant page numbers of the filings that contain the information on each person that holds a 10 percent or greater beneficial interest.”

Pages attached with name and address of each publicly traded entity as well as the name and address of each person that holds a 10 percent or greater beneficial interest.

OR

Submit here the links to the Websites (URLs) containing the last annual filings with the federal Securities and Exchange Commission or the foreign equivalent.

AND

Submit here the relevant page numbers of the filings containing the information on each person holding a 10 percent or greater beneficial interest.

Subscribed and sworn before me this ___ day of

___________________________ , 2 _______.

(Notary Public)

My Commission expires:

(Affiant)

(Print name of affiant and title if applicable)

(Corporate Seal if a Corporation)

00304 AFFIRMATIVE ACTION COMPLIANCE

IF AWARDED A CONTRACT YOUR COMPANY/FIRM WILL BE REQUIRED TO PROVIDE THE

FOLLOWING INFORMATION TO THE COMMISSION PRIOR TO THE ACTUAL AWARD OF THE

CONTRACT AND/OR EXECUTION THEREOF:

Pursuant to N.J.S.A. 10:5-31, Affirmative Action Compliance is required by Contractors bidding on Contracts let by Public Agencies (see Section 00737). Failure to submit the form may result in the contract being terminated. Upon award and prior to execution of the Contract, the low bidder must furnish the Passaic Valley Sewerage Commission with the following documentation:

The Public Agency requires the construction Contractor that is to be awarded the Contract to submit their Initial Project Workforce Report (copy marked Public Agency).

Note: The Initial Project Workforce Report (A.A. 201) must be submitted by the seventh calendar day after issuing notification of award.

If the construction Contractor does not submit the Initial Project Manning Report (A.A.

201) within the required time period, the Public Agency may extend the time period to the fourteenth calendar day.

If by the fourteenth calendar day the Contractor does not submit the Affirmative Action document, the Public Agency must declare the Contractor as being non-responsive and may award the Contract to the second lowest responsible bidder.

The Public Agency requires the construction Contractor that is awarded the Contract to submit their Monthly Project Workforce Report (A.A. 202) once a month for the duration of the contract to the Dept. of Labor and to the Public Agency Compliance Officer.

00305 BID SHEET (Including Terms and Conditions Applicable to the Proposal)

Contract No. B509 Maintenance of Generator Sets at Various PVSC Facilities for a Two (2) Year Period

Name of Contractor: _________________________________________________________

Business Name: ____________________________________________________________

Mailing Address: ____________________________________________________________ (Mailing Address must include Street Address)

Telephone No. __________________________ Fax No. __________________________

Contact Person: ____________________________________________________________

A. A. Contractor shall furnish safety, supervision, labor, equipment, materials, supplies and parts (as required) to provide for maintenance of nine (9) generator sets located at various PVSC facilities for a two (2) year period. The work shall be performed in accordance with the terms and specifications for the prices shown on the Vendor Format List Item 1 through Item 9, for a two year Lump Sum Total of

Amount Written:

_______________________________________________________Dollars and

_______________________________________________________Cents

Costs for supervision and labor shall include all cost factors, such as wages, benefits, travel time, fuel, insurance, overhead and profit, general and administrative (G&A) and all other additional expenses.

Billing time for all services performed is to begin at the start of work at PVSC and end at the time leaving PVSC. Wage Rates shall comply with the New Jersey Prevailing Wage Act (N.J.S.A. 34:11-

56.25 et seq.)

The work shall proceed in the manner specified and in conformity with the requirements set forth in the Contract Documents herein contained or hereunto attached and in accordance with the Contract Specifications.

In the event of a conflict between the bid specifications (request for proposal, invitation to bid, etc.)

and the contractors bid submission (proposal, response, etc.) the terms of the specifications (or otherwise as referenced) shall govern the agreement between PVSC and the contractor.

B. All prices are exclusive of N. J. State and Federal Taxes. The Passaic Valley Sewerage Commission is exempt from the New Jersey Sales and Use Taxes, pursuant to Section 9(a)(1) of the New Jersey Sales and Use Tax Act (N.J.S.A. 54:32B-1 et seq.).

C. The cost of all Warrantees shall be included in the lump sum amount.

The lump sum price shall be net, including all transportation charges fully prepaid by vendor, F.O.B.

Destination.

Prices shall also include all transportation charges on materials removed from site and charges pertaining to disposal and other costs pertaining to the execution of the work.

D. The term of this contract is for a two (2) year period, beginning with the Notice to Proceed date issued by PVSC. All prices shall hold firm, and not be subject to increase during the term of the contract.

The Commission obligations to continue this contract for each successive year is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Commission for payment of monies shall arise unless and until funds are made available. Without said funds, this contract will become null and void at no expense to the Commission.

E. Vendors are requested to bid on all items shown on the “Vendors Format List.” The vendor shall fill in the total price for each cost center. For purposes of evaluating the bids, contract award will be based on the total sum of first and second year maintenance. It is the intent of the Commission to award this contract on an overall cost basis to a single vendor. Failure to complete all items in the “Vendors Format List” will result in an “un-responsive” bid. Passaic Valley Sewerage Commission reserves the right to reject any and all bids, or to accept any bid should they deem it to be in their interest to do so, pursuant to the Local Public Contracts Law (“LPCL”). Passaic Valley Sewerage Commission also reserves the right to waive any informality in any bid should they deem it to be in their interest to do so pursuant to N.J.S.A. 58:14 et seq.

F. The contractor shall maintain for the duration of the work to be done under this contract, Liability Insurance in the amounts specified in the contract. Upon execution of the contract, the contractor shall furnish the PVSC with all certificates of insurance as required and set forth herein.

G. If the contractor wishes to visit the PVSC facilities to inspect and verify the equipment to be inspected as part of this contract, a site visit can be arranged by calling the Engineering Department Project Manager at 973-817-5978.

H. No exceptions will be permitted to the terms and conditions of the contract. Terms and conditions are in accordance with N. J. Laws for Public Bidding and the policies of the Passaic Valley Sewerage Commission. Any bids that include exceptions to the terms and conditions will be considered non-responsive and will be rejected.

I. Only contractors with experience with a similar type of work will be considered. Certification of this experience, and the names and addresses of at least three (3) customers from whom similar work was performed within the last two (2) years, shall be supplied with the bid. A certification questionnaire form is included for the Contractor’s convenience. All mechanics or repairmen performing maintenance or repairs must have a minimum of five (5) year experience in the work specified within this contract. This does not apply to Helpers or Apprentices. Qualifications of personnel shall be submitted with the bid.

J. Unless prevented by strike or strikers which prevents construction or delivery of equipment or supplies from the manufacturer, failure to complete the work within the specified time shall be considered an abandonment of the contract and the Commission may seek redress for damages.

K. The work must be completed without interrupting the operation of the PVSC Treatment Plant. The contractor must schedule his operations in detail with PVSC as noted in Div. 1, Section 01310 of Contract Specifications.

L. The PVSC will make partial payment to the Contractor on the basis of work performed by the Contractor, duly approved and certified by the Engineer.

After acceptance by the PVSC of an invoice for the items delivered and the work performed the Commission at their next scheduled monthly meeting will pay the amount due.

To assure timely payment, bills must be received by the PVSC Plant Engineering Department not less than eighteen (18) days prior to the Commission meeting date. (Meeting dates will be provided by

PVSC.)

M. Notice of Executive Order 125 Requirement for Posting of Winning Proposal and Contract Documents

Pursuant to Executive Order No. 125, signed by Governor Christie on February 8, 2013, the Office of the State Comptroller (“OSC”) is required to make all approved State contracts for the allocation and expenditure of federal reconstruction resources available to the public by posting such contracts on an appropriate State website. Such contracts are posted on the New Jersey Sandy Transparency website located at:

http://nj.gov/comptroller/sandytransparency/contracts/sandy/.

The contract resulting from this bid is subject to the requirements of Executive Order No.

125. Accordingly, the OSC will post a copy of the contract, including the bid document, the winning bidder’s proposal and other related contract documents for the above contract on the Sandy Transparency website.

In submitting its proposal, a bidder may designate specific information as not subject to disclosure.

However, such bidder must have a good faith legal and/ or factual basis to assert that such designated portions of its proposal (i) are proprietary and confidential financial or commercial information or trade secrets or (ii) must not be disclosed to protect the personal privacy of an identified individual. The location in the proposal of any such designation should be clearly stated in a cover letter, and a redacted copy of the proposal should be provided.

The State reserves the right to make the determination as to what is proprietary or confidential, and will advise the winning bidder accordingly. The State will not honor any attempt by a winning bidder to designate its entire proposal as proprietary, confidential and/or to claim copyright protection for its entire proposal. In the event of any challenge to the winning bidder’s assertion of confidentiality with which the State does not concur, the bidder shall be solely responsible for defending its designation.

N. Proposals shall be enclosed in opaque sealed envelopes, addressed to the Passaic Valley Sewerage Commission, 600 Wilson Avenue, Newark, New Jersey07105, with the name and address of the bidder plainly marked upon the outside thereof. (If forwarded by mail, the sealed envelope containing the proposal, marked as directed above must be enclosed in another envelope addressed as specified in the Proposal, preferably by registered mail.) If forwarded by express carrier or other delivery service, please be advised that access to the PVSC is restricted to the following address: 699 Avenue P – Newark NJ – 07105 (GPS location of Gate #3) this is for directional purposes is only. The outside envelope containing bids must clearly identify the bid number, contract name, and bid opening date. Failure to follow this procedure is grounds for rejection.

To the extent that N.J.S.A. 2A:30A-2 et seq. applies to the project and its related work and/or any agreement between PVSC and the Contractor, all exceptions contained in N.J.S.A.

2A:30A-2(a) et seq. as defined in Section 001025 Payments, shall apply solely for the benefit of PVSC.

00306 NON-COLLUSION AFFIDAVIT CONTRACT NO. B509

STATE OF NEW JERSEY

COUNTY OF

I, of the in the County of and State of , of full age, being duly sworn according to law, on my oath depose and say that:

I am , of , the Bidder making the Bid for this Project.

I execute the said Bid with full authority to do so.

I, and to the best of my knowledge, the Bidder, and any officer, director, employee or other representative of the bidder, have not, directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free, competitive bidding in connection with the above-named Project.

All statements contained in said Bid and all Contract Documents and in this affidavit are true and correct, and made with full knowledge that the Passaic Valley Sewerage Commission rely upon the truth of the statements contained in said Bid and Contract Documents, and in the statements contained in this

Affidavit, in awarding the Contract for said Project.

I further warrant that no person or selling agency has been employed or retained to solicit or secure such contract agreement or understanding for a commission, percentage, brokerage or contingent fee except bona fide employees or bona fide established commercial or selling agencies maintained by the

Bidder.

Sworn on Behalf of:

Name of Bidder:

Sworn and subscribed to before me this day of , 20___.

Notary Public of New Jersey

00400 – VENDOR FORMAT LIST

CONTRACT NO. B509 MAINTENANCE OF GENERATOR SETS AT VARIOUS

PVSC FACILITIES FOR A TWO (2) YEAR PERIOD

Year One shall commence with the Notice to Proceed date. Year Two twelve months thereafter.

Line Item

Cost Center Facility Manufacturer &

Model Rating (3PH, 480 Volts) Engine Serial

Number

Maintenance Service Year

One

Maintenance Service Year

Two Lump Sum

Total

1 62-560 Wallington PS Cummins

C 450NG

450 KW /

562 KVA 99801496

2 62-610 Yantacaw PS MTU 6R1600 300 KW /

375 KVA 95010600806

3 62-100 Adjacent to Substation M Caterpillar – C18 600 KW /

750 KVA FST00884

4 12-300 Fleet Services Portable

Caterpillar - XQ

182 KW /

227.5 KVA E7B00449

5 12-300 Fleet Services Portable

Caterpillar - XQ

320 KW /

400 KVA K3B00736

6 12-300 Fleet Services Portable Magnum

MMG130

98 KW /

122 KVA 1214919

7 12-300 Fleet Services Portable Magnum

MMG45

33 KW /

41 KVA CC1204

8 6940 Security WITCO Guard Booth 10 KW 4813106363

9 6940 Security Gate 7 10 KW -SGV322CC5

Line Item

Unscheduled Repair Service Hourly Service Rates Mileage Rate Parts Mark Up

Above Cost Monday – Friday Working Hours

Monday – Friday After Hours Saturday Sunday Holidays

Working Hours Defined as Follows AM To PM

Rating (3 PH, 480 Volts)

Portable Power Generator Rental Rates Including Delivery, Cable Rental (150 Feet of each set of cables to obtain required ampacity and portable spill containment) and Insurance

½ Day Daily Weekly Monthly Monthly Guaranteed Reservation Rate

12 50 KW

13 100 KW

14 500 KW

15 750 KW

16 1000 KW

17 1500 KW

18 2000 KW

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00402

ACKNOWLEDGMENT OF RECEIPT OF CHANGES TO BID DOCUMENTS FORM

Contract No. B509

Pursuant to N.J.S.A. 40A:11-23.1a et seq., the undersigned bidder hereby acknowledges receipt of the following notices, revisions, or addenda to the bid advertisement specifications or bid documents. By indicating date of receipt, bidder acknowledges the submitted bid takes into account the provisions of the notice, revision or addendum. Note that the PVSC’s record of notice to bidders shall take precedence and that failure to include provisions of changes in a bid proposal may be subject for rejection of the bid. If there were no revisions or addenda write NONE on the top line, sign the acknowledgment below and submit with the bid documents.

Local Unit Reference Number or Title of Addendum/Revision

How Received (mail, fax, pick-up, etc.)

Date Received

Acknowledgment by Bidder:

Name of Bidder:

(Company Name)

By Authorized Representative:

Signature:

Print Name and Title:

Date:

00403

CONTRACT NO. _____ - SUBCONTRACTOR LISTING

The undersigned proposes to use the following subcontractors to perform the work indicated (use additional sheets as required).

Work to be Performed Name(s) and Address of Subcontractor(s)** License Number(s)

1. Plumbing & Gas Fitting and all Kindred Work

2. Heating and Ventilation and all Kindred Work

3. Electrical Work

4. Structural Steel and Ornamental Iron Work

Name and Title of Authorized Representative

Signature of Authorized Representative

**IMPORTANT NOTE: Whenever a Bid sets forth more than one subcontractor for any of the specialty trade categories (1) through (4) specified hereinabove in this section, the Bidder shall submit to PVSC a certificate signed by the bidder listing each subcontractor named in the Bid for that category. The certificate shall set forth the scope of work for which the subcontractor has submitted a price quote and which the Bidder has agreed to award to each subcontractor should the Bidder be awarded the contract. The certificate shall be submitted to PVSC simultaneously with the list of subcontractors. The certificate may take the form of a single certificate listing all subcontractors or, alternatively, a separate certificate may be submitted for each subcontractor.

00404 PUBLIC WORKS CONTRACTOR REGISTRATION

PUBLIC WORKS CONTRACTOR REGISTRATION

Contract No. B509

1. In accordance with “The Public Works Contractor Registration Act,” P.I., 1999, c238 (N.J.S.A.

34:11 – 56.48 et seq.) amended by P.L. 2003, C91.

“No contractor shall bid on any contract for public work as defined in section 2 of P.L 1963, c150

(C34:11 – 56.26 et seq.) unless the contractor is registered pursuant to this act.