pvsc c9a8508f-9cf0-40ec-a153-854a349dff1a.pdf

“Protecting Public Health and the Environment”

CONTRACT B511

PASSAIC VALLEY SEWERAGE COMMISSION

600 WILSON AVENUE

NEWARK, NJ 07105

CONTRACT AND SPECIFICATIONS

TO

FURNISH ALL SUPERVISION, LABOR, EQUIPMENT AND MATERIALS

NECESSARY TO CLEAN AND INSPECT P.V.S.C. BOILERS AND

BURNERS; AND TO PROVIDE REPAIR SERVICES FOR A TWO (2) YEAR

PERIOD

BID DOCUMENT SUBMISSION CHECKLIST

CONTRACT B511 FURNISH ALL SUPERVISION, LABOR, EQUIPMENT & MATERIALS

NECESSARY TO CLEAN AND INSPECT PVSC BOILERS & BURNERS AND TO PROVIDE REPAIR

SERVICES FOR A TWO (2) YEAR PERIOD

Item Contract Section Initial Each Item Submitted with Bid

1. Invitation To Bid INV-1 to INV-2

2. Acknowledgment of Receipt of Changes to Bid Documents* ACK-1

3. Signature S-1

4. References R-1

5. Bid Bond or Certified Check * BB-1

5. Statement of Ownership * SO-1 To SO-3

6. Affirmative Action Compliance AAC-1

7. Instructions To Bidders IB-1

8. Proposal P-1 TO P-2

9. Vendor Bid List* VBL-1

10. Bidders Exception List BE-1

11. Contract Agreement CA-1 To CA-2

12. NJ Business Registration BR-1

13. General Conditions GC-1 To GC-5

14. Supplemental Conditions SC-1 To SC-4

15. Specifications Spec-1 to Spec-7

16. Disclosure of Investment Activities in Iran DISC-IR

17.

Certification of Non‐Involvement in Prohibited Activities in Russia or Belarus

DISC-RU

* Failure to submit these documents is a mandatory cause for the bid to be rejected.

(N.J.S.A. 40A:11-23-2)

SIGNATURE: The undersigned hereby acknowledges and has submitted the above listed requirements.

This sheet must be submitted with the bid documents.

Name of Bidder (Company Name):___________________________________________________________

By Authorized Representative:

Signature:__________________________________________________________________

Print Name and Title:_____________________________________ Date:_______________

CONTRACT B511 INV-1

INVITATION TO BID

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).

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 New Jersey 07105). 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.

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 black 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.

It is the purpose of the 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 plant 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 $ 1,000.00 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 to of the Passaic Valley Sewerage Commission. Bid bonds shall be prepared on the form of Bid Bond attached hereto, 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”.

Certified checks will be returned to all except the three (3) lowest formal bidders within ten (10) days after the formal opening of bids (Sundays and Holidays Excepted, and the remaining checks will be returned to the unsuccessful bidders within three (3) days after the Commission and the accepted bidder have executed the contract, 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 of all Owners of 10% or more of the Stock of the Corporation" found in the contract documents.

CONTRACT B511 INV-2

All bidders on this contract are required to hold or obtain a “New Jersey Business Registration Certificate” as required by N.J.S.A. 52:32-44. Information on New Jersey Business Registration Certification Program operated by the New Jersey Department of the Treasury of the Treasury can be found on the internet www.nj.gov/njbgs or by phone 609-292-1730.

All bidders to whom the contract is awarded to be eligible for contract award under the terms and conditions of New Jersey Executive Order Number 134 as described in the subsequent bid documents.

The bidder to whom the contract is awarded will be required to provide the necessary documents as required by Public Law 1975, Chapter. 127, NJAC 17:27 Affirmative Action Compliance.

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 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)

The bidder to whom the contract is awarded will be required to execute the contract within ten (10) days (not including Sunday) from the date of the mailing of a notice from the Passaic Valley Sewerage Commission to the bidder, according to the address given by him, that the contract is ready for signature; and in case of his failure or neglect so to do, the 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 sureties or surety company must be satisfactory to the Passaic Valley Sewerage Commission.

The Passaic Valley Sewerage Commission reserves the right to reject any and all bids, or to accept any bid should they deem it to be for their interest so to do. The Passaic Valley Sewerage Commission also reserve the right to waive any informality in any bid should they deem it to be for their interest so to do.

If the contractor elects to provide the specified bid security in lieu of a performance bond, the bid security shall become a bond for the successful bidder and will be returned to him upon completion of the contract.

Questions and request for proposals shall be directed to the Passaic Valley Sewerage Commission Purchasing Department, telephone number (973)817-5702.

PASSAIC VALLEY SEWERAGE COMMISSION

600 Wilson Avenue, Newark, N.J. 07105

CONTRACT B511 ACK-1

ACKNOWLEDGMENT OF RECEIPT OF CHANGES TO BID DOCUMENTS

FORM

CONTRACT B511

FURNISH ALL SUPERVISION, LABOR, EQUIPMENT & MATERIALS NECESSARY TO

CLEAN AND INSPECT PVSC BOILERS & BURNERS AND TO PROVIDE REPAIR

SERVICES FOR A TWO (2) YEAR PERIOD

Pursuant to N.J.S.A. 40A:11-23.1a, 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:

CONTRACT B511 S-1

PROPOSAL TO

FURNISH ALL SUPERVISION, LABOR, EQUIPMENT AND MATERIALS NECESSARY

TO CLEAN AND INSPECT P.V.S.C. BOILERS AND BURNERS; AND TO PROVIDE

REPAIR SERVICES 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 principals 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 therefor 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) days (not including Sunday) from the date of the mailing of a notice from the Passaic Valley Sewerage Commission to him, 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 certified check and the proceeds thereof for $1,000.00 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 failure to default; otherwise the accompanying check shall be returned to the undersigned.

Signature of bidder with residence and business address.

Dated:________________________________

CONTRACT B511 R-1

If the bidder can give the names and addresses of the proposed sureties or surety company that will sign the bond, he is requested to do so below. The names will not be made public.

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 Commission to judge of his experience, skill and business standing.

CONTRACT B511 BB-1

BID BOND

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 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 _______________

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

FURNISH ALL SUPERVISION, LABOR, EQUIPMENT AND MATERIALS

NECESSARY TO CLEAN AND INSPECT P.V.S.C. BOILERS AND BURNERS; AND

TO PROVIDE REPAIR SERVICES FOR A TWO (2) YEAR PERIOD

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 the 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 Print Name

By: ________________________ By: ______________________ Authorized Signature Authorized Signature

Print Name Print Name Title: _____________________ Title: ______________________

Seal: _____________________ Seal: _______________________

CONTRACT B511 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 B511 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)

PartnershipLimited 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: _________________________ Address: _________________________

CONTRACT B511 SO-3

Name: ___________________ Name: ___________________

Address: _________________________ Address: _________________________

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 _____________________________ , 2026

(Notary Public)

My Commission expires:

(Affiant)

(Print name of affiant and title if applicable)

(Corporate Seal if a Corporation)

CONTRACT B511 AAC-1

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:

AFFIRMATIVE ACTION COMPLIANCE

Pursuant to Public Law 1975, C. 127,(NJAC 17:27 Affirmative Action Compliance requires that successful bidders on contracts let by Public Agencies prior to or with the execution of the contract, the low bidders shall furnish the Passaic Valley Sewerage Commission with one of the following documents, whichever may be applicable to his present situation.

1. Copy of a Federal letter of approval from the U. S. Department of Labor's Office of Federal Compliance Programs (OFCCP).

2. Photo copy of the Certificate of Employee Information Report.

3. A copy of form (A.A. 302) Affirmative Action Employee Information Report.

4. Failure to supply the Affirmative Action document within the time frame allowed by law, will require the Public Agency to declare the contractor as being non-responsive.

CONTRACT B511 IB-1

INSTRUCTION TO BIDDERS

1. The vendor is not required to bid on every item on the contract. The vendor shall fill in the unit prices for all the items he wishes to deliver.

2. Any manufacturer, brand, model, and/or any other proprietary trade name indicated on the bid by the PVSC serves to define the specifications of the items the PVSC wishes to be delivered. An approved equal may be furnished. All equals or exceptions submitted by bidder shall be cataloged and referenced to the PVSC specifications, and manufacturer's published technical bulletins. The documents shall be submitted with the bid proposal and conform to each requirement of the specifications.

Any and all exceptions or alternates to manufacturer's brand, model and/or proprietary trade name indicated, shall be legible and complete in every detail on the attached "bidders exception list", and additional stationary as required at bidders expense. It is understood if no exception is taken the vendor shall supply all the materials exactly as specified.

Where there is no manufacturer's brand, model, and/or proprietary trade name indicated on the specifications, the bidder shall detail and catalog on the " bidders exception" what he intends to supply, and shall include manufacturers technical bulletins.

Failure to supply any of the said technical data or to complete the "bidders exception" in the prescribed manner shall render the bid proposal "Non-Responsive"

3. The Commission reserve the right to award this contract on a per item basis, or in total, or they may accept any alternative that they deem to be in their best interest, or they may reject all bids.

4. All proposals shall be filled out by Handwritten Pen, preferably in black ink, or Typewriter, pencil entries not allowed, and must be legible. All corrections made after the bid is prepared must be made in ink, be clearly legible, and must be initialed by the person authorized to sign the bid. Failure to follow this procedure is grounds for rejection of the bid or bid item.

5. Bidders shall sign the bid, signed by an authorized representative of the bidding firm.

NOTE: The vendor shall clearly mark on the outside of the envelope containing his bid: the bid number, contract name, and bid opening date. Failure to follow this procedure is grounds for rejection.

CONTRACT B511 P1

FURNISH ALL SUPERVISION, LABOR, EQUIPMENT AND MATERIALS NECESSARY TO CLEAN AND

INSPECT P.V.S.C. BOILERS AND BURNERS; AND TO PROVIDE REPAIR SERVICES FOR A TWO (2)

YEAR PERIOD

BID SHEET

NAME OF BIDDER:

BUSINESS NAME:

ADDRESS:

TELEPHONE NO: FAX NUMBER:

E-MAIL ADRESS: FED I.D. #:

1. Pursuant to and in compliance with the Proposal, Invitation to Bid and the Instructions to the Bidders relating thereto, the contractor shall furnish all supervision, labor, equipment and materials necessary to provide a maintenance service for cleaning and inspecting PVSC boilers and burners and to provide a repair, welding, tube and nipple replacement service for a two (2) year period, for all risk and liabilities in connection with the work, in accordance with the terms of the specifications, (pages Spec-1 to Spec-7) and the contract, for the total lot price per each facility as shown on the attached vendors format list, and for the percentage of profit for parts a s listed below in 1A;.

A. Replacement parts: __________________%(percentage) above or below the manufacturers list price as per the specifications Section III. (Circle either the word above or below).

B. Total number items bid _____________________(From Vendor Bid List).

2. The PVSC reserves the right to award this contract on a per item basis, or they may award the contract in whole, or they may accept any alternative that they deem to be in their best interest, or they may reject all bids.

3. The contract may bid on any item or items he wishes.

4. The Commission may elect not to clean all the boilers in each facility, in which case the lot price shown on the bid will be divided by the number of boilers cleaned, and the contractor will only be paid that percentage of the work done under the contract.

5. The term of this contract is for a two (2) year period beginning October 1, 2026 and extending thru September 30, 2028. All prices shall hold firm, and not subject to increase during the term of the contract.

CONTRACT B511 P2

6. The P.V.S.C. is exempt from paying any New Jersey State and Federal taxes.

7. Prices shall be net including all transportation charges fully prepaid by the vendor F.O.B. Destination.

8. 8. After delivery and acceptance by the PVSC the vendor shall submit a bill for the items delivered, and the Commission at their next scheduled monthly meeting will pay the amount due. All exceptions contained in N.J.S.A. 2A:30-2(a) shall apply solely for the benefit of PVSC.

9. 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.

10. Upon notification of an order from the PVSC, the vendor guarantees that the items he bid on will be delivered or the services will be furnished within the specified days on the bid from said notification, unless prevented by strike or strikers which prevents delivery of materials or service. Should any order or orders be unfilled as of the agreed delivery date, the buyer reserves the right, upon notification to seller.

to cancel this order or orders either in whole or in part without liability to the buyer other than for payments for that portion off order or orders already delivered and accepted. The Commission reserve the right to seek any redress for damages under the Default article of the contract.

11. After completion and acceptance of the work by the PVSC the vendor shall submit a bill for the services performed, and the Commission at their next scheduled monthly meeting will pay the amount due.

Hazardous materials not complying with this act will cause the P.V.S.C. to reject shipments or deny the use of such materials on its site. The vendor shall be responsible for any cost incurred for materials found not to be in compliance with the act. The P.V.S.C. will make the sole determination if this act is being violated, and the vendor shall abide by this decision.

Violation of this act may be considered an abandonment of the contract, and the Commission may seek redress under the Default Article of the contract.

12. Providing a vendor is awarded a contract or any part thereof, he shall provide the Passaic Valley Sewerage Commission with a Certificate of Insurance indicating coverage for the following: General Liability Insurance; Automobile Insurance; Workmen's Compensation. These certificates of insurance shall exist for the term of contract.

13. Prevailing wage rates in accordance with the New Jersey Prevailing Wage Act N.J.R.S.

34:11-56.27 will not apply or be applicable to this contract if an appendix from the New Jersey Department of Labor which includes the "Prevailing Wage Rate Determination", listing the prevailing wage levels is not attached to the contract.

ITEM # DESCRIPTION QTY/UOM DISCOUNT LEAD TIME

00001

CLEAN AND INSPECT ALL BOILERS AND BURNERS PER

SPECIFICATIONS SECTION II,

PAGE SPEC-1 AT THE O & M BUILDING

1 LOT

00002

CLEAN AND INSPECT ALL BOILERS AND BURNERS PER

SPECIFICATIONS SECTION II,

PAGE SPEC-1 AT THE INCINERATOR BUILDING

1 LOT

00003

CLEAN AND INSPECT ALL BOILERS AND BURNERS PER

SPECIFICATIONS SECTION II,

PAGE SPEC-1 AT THE WET WEATHER PUMP

1 LOT

00004

CLEAN AND INSPECT ALL BOILERS AND BURNERS PER

SPECIFICATIONS SECTION II, PAGE SPEC-1 AT THE

INDUSTRIAL & POLLUTION CONTROL BUILDING (LAB)

1 LOT

00005

CLEAN AND INSPECT ALL BOILERS AND BURNERS PER

SPECIFICATIONS SECTION II,

PAGE SPEC-1 AT THE VEHICLE MAINTENANCE

1 LOT

00006

CLEAN AND INSPECT ALL BOILERS AND BURNERS PER

SPECIFICATIONS SECTION II,

PAGE SPEC-1 AT THE ADMINISTRATION BUILDING

1 LOT

00007

CLEAN AND INSPECT ALL BOILERS AND BURNERS PER

SPECIFICATIONS SECTION II,

PAGE SPEC-1 AT THE OXYGEN PRODUCTION

1 LOT

00008

CLEAN AND INSPECT ALL BOILERS AND BURNERS PER

SPECIFICATIONS SECTION II,

PAGE SPEC-1 AT THE SLUDGE HEAT TREATMENT

FACILITY

1 LOT

00009

HOURLY RATE FOR BOILER REPAIR SERVICES, PER

SPECIFICATIONS SECTION V,

PAGE SPEC-2 TOTAL HOURLY COST SHALL BE FOR THE

ENTIRE WORK CREW REQUIRED TO

PERFORM SUCH WORK.

HOURLY

00010

HOURLY RATE FOR BOILER TUBE REPLACEMENT

SERVICES, PER SPECIFICATIONS

SECTION V, PAGE SPEC-2 TOTAL HOURLY COST SHALL

BE FOR THE ENTIRE WORK CREW

REQUIRED TO PERFORM SUCH WORK.

HOURLY

00011

HOURLY RATE FOR BOILER WELDING SERVICES, PER

SPECIFICATIONS SECTION 1 PAGES SPEC-1 AND PER

SPECIFICATIONS SECTION V, PAGES SPEC -2 & SPEC-3.

TOTAL HOURLY COST SHALL BE FOR THE ENTIRE WORK

CREW TO PERFORM SUCH WORK

HOURLY

Passaic Valley Sewerage Commission

BID SHEET B511

FURNISH ALL SUPERVISION, LABOR, EQUIPMENT & MATERIALS NECESSARY TO CLEAN AND INSPECT

PVSC BOILERS & BURNERS AND TO PROVIDE REPAIR SERVICES FOR A TWO (2) YEAR PERIOD

VBL-1

CONTRACT B511 BE-1

BIDDERS EXCEPTIONS

Item No. Description (Including Manufacturer, Brand & Model Number)

CONTRACT B511 CA-1

AGREEMENT

PASSAIC VALLEY SEWERAGE COMMISSION

600 WILSON AVENUE

NEWARK, NEW JERSEY 07105

CONTRACT AND SPECIFICATIONS

FOR

FURNISH ALL SUPERVISION, LABOR, EQUIPMENT AND MATERIALS NECESSARY

TO CLEAN AND INSPECT P.V.S.C. BOILERS AND BURNERS; AND TO PROVIDE

REPAIR SERVICES FOR A TWO (2) YEAR PERIOD

THIS AGREEMENT, made and executed this __________day of ________________, 2026, by and between the

Passaic Valley Sewerage Commission, a public body of the County of Essex, State of New Jersey, hereinafter called the PVSC, and a corporation chartered under the laws of the State of _______________________________ partnership, individual with principals offices at ___________________________________ hereinafter called the "Contractor".

WITNESSETH: That the said Contractor has agreed and by these presents does agree with the PVSC, for the Prices bid and stipulated in the Proposal herein contained or hereunto annexed and under the terms and conditions expressed in Bonds bearing even date with these presents, and herein contained or hereunto annexed, to furnish at his own cost and expense all the necessary materials, labor, superintendence, tools, and appliances and shall execute, construct, and finish and test in an expeditious and workmanlike manner all the work as described in the contract specifications commencing the work within ten (10) days unless stated otherwise in the bid documents, from the date of Notice to Proceed and executing the same within the time and 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 of said Work.

The Contractor shall proceed with the said Work in a prompt and diligent manner and shall do all parts thereof at such times in such order as the PVSC may approve. Further, he shall complete the whole of said Work in accordance with the Contract Documents to the satisfaction of the PVSC.

The PVSC shall not be liable to the Contractor for any neglect, default, delay or interference of or by another contractor, nor shall any such neglect, default, delay or interference of any other contractor, or alteration which may be required in said Work, release the Contractor from the obligation to finish the said Work within the time aforesaid or from the damages to be paid in default thereof.

CONTRACT B511 CA-2

It is hereby mutually agreed that the PVSC is to pay and the Contractor is to receive the amount bid (less retainage, if any) and stipulated in the proposal herein contained or hereto annexed, as full compensation for furnishing all work as described in the Contract Specification and for fully complying with the terms and conditions of this Contract.

Subject to the applicable provisions of law, the Contract shall be in full force and effect as a contract from and after the date when a fully executed and approved counterpart hereof is delivered to the Contractor at the address set forth above and shall remain and continue in full force and effect until after the expiration of the warranty period and the Contractor and the sureties are finally released by the

PVSC.

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 prevail in all cases and will govern in the award and agreement between the PVSC and the Contractor.

IN WITNESS WHEREOF: The parties hereto have executed this agreement the day and year first above mentioned.

BY: _______________________________________________________

EXECUTIVE DIRECTOR

(SEAL) ATTEST BY: _______________________________________________

CLERK

CONTRACTOR NAME

BY: ______________________________________________________

CONTRACTOR

(SEAL) ATTEST BY: _______________________________________________

CONTRACTOR

CONTRACT B511 BR-1

NEW JERSEY BUSINESS REGISTRATION REQUIREMENTS

Pursuant to N.J.S.A. 52:32-44, PVSC is prohibited from entering into a contract with an entity unless the bidder and each subcontractor (if applicable) named in the proposal have a valid Business Registration Certificate on file with the Division of Revenue.

Proof of registration shall be a copy of the bidder’s New Jersey Business Registration Certificate (BRC). A BRC is obtained from the New Jersey Division of Revenue. Information on the New Jersey Business Registration Certification Program, operated by the New Jersey Department of the Treasury, can be found on the internet at:

http://www.nj.gov/njbusiness/registration/ or by phone at 866-534-7789

If awarded a contract your company/firm shall provide written notice to its subcontractors of the responsibility to submit proof of business registration to the contractor.

Before final payment on the contract is made by the contracting agency, the contractor shall submit an accurate list and proof of business registration of each subcontractor or supplier used in the fulfillment of the contract or shall attest that no subcontractors were used.

For the term of the contract, the contractor and each of its affiliates and a subcontractor and each of its affiliates [NJSA 52:32-44(g)(3)] shall collect and remit to the Director, New Jersey Division of Taxation, the use tax due pursuant to the Sales and Use Tax Act on all sales of tangible personal property delivered into this state, regardless of whether the tangible personal property is intended for a contract with a contracting agency.

A business organization that fails to provide a copy of a business registration as required pursuant to section 1 of PL 2001, c. 134 (C.52:32-44 et al.) or subsection e. or f. of section 92 of PL 1977, c 110 (c.5:12-92), or that provides false business registration information under the requirements of either of those sections, shall be liable for a penalty of $25 for each day of violation, not to exceed $50,000 for each business registration copy not properly provided under a contract with a contracting agency.

CONTRACT B511 GC-1

GENERAL CONDITIONS

a. The Contractor enters into this agreement with the full knowledge of the conditions and requirements of the specifications. The specifications, proposal, instruction to bidders, etc.

will prevail in all cases over any conflict between the same and the General Conditions listed hereto.

b. The Contractor agrees that during the entire term of the contract it will pursue the work faithfully and diligently and will, at all times, have the necessary sources of supply, labor, material and machinery necessary to complete the contract in accordance with the terms of the specifications.

c. All work done under this contract shall be done to the satisfaction of the Engineer of P.V.S.C., or a P.V.S.C. Representative who shall in all cases determine the amount, quality, acceptability and fitness of the material and work which are to be paid for hereunder and shall decide any questions which may arise as to the fulfillment of this decision thereon shall be final and conclusive. The word "Engineer" shall mean the person holding the position of Manager of Plant Engineering of the Passaic Valley Sewerage Commission, or the authorized representative.

d. If the Contractor should be adjudged a bankrupt, or if it should make a general assignment for the benefit of its creditors, or if a receiver should be appointed on account of its insolvency, or if it should persistently or repeatedly refuse or should fail to supply enough skilled workmen or proper materials, or if it should fail to make prompt payment to subcontractors for material, labor, or equipment rental, or persistently disregard laws, ordinances, or other instructions of the Engineer, or the PVSC representative, or this contract, then P.V.S.C., upon the certificate of the Engineer or the PVSC representative that sufficient cause exists to justify such action, may without prejudice to any other right or remedy and after giving the Contractor thirty (30) days written notice, terminate the employment of the Contractor. The termination of the employment of the Contractor under the provisions of this paragraph shall not relieve the surety of its responsibility.

e. All notices, demands, requests, instructions, approvals and claims shall be in writing. Any notice to or demand upon the Contractor shall be sufficiently given if delivered at the office of the Contractor specified in the bid (or at such other offices as the Contractor may from time to time designate to the Engineer or the PVSC representative in writing) or if deposited in the United States mail in a sealed, postage prepaid envelope, or delivered by telephone electronic/facsimile (FAX) transmission system. All papers required to be delivered to P.V.S.C. shall, unless otherwise specified to the Contractor in writing, be delivered to the office of P.V.S.C. at 600 Wilson Avenue, Newark, New Jersey and any notice to or demand upon P.V.S.C. shall be sufficiently given if delivered to the said office, or if deposited in the United States mail in a sealed, postage-prepaid envelope, certified mail, return receipt requested.

f. No final or semi-final payment shall be made until the representative has certified to P.V.S.C.

that the work has been completed by the Contractor in accordance with the requirements of the plans, specifications and contract. To the extent applicable, pursuant to N.J.S.A. 2A:30A-2(f), disputes regarding whether a party has failed to make payments required pursuant to N.J.S.A. 2A:30A-2 may be submitted to a process of alternative dispute resolution. Alternative dispute resolution permitted by this section shall not apply to disputes concerning the bid solicitation or award process, or to the formation of contracts or subcontracts. In any civil action brought to collect payments pursuant to this section, the action shall be conducted inside of this State and the prevailing party shall be awarded reasonable costs and attorney fees.

CONTRACT B511 GC-2

g. The Contractor shall not assign the contract or sublet it is whole or in part without the prior written consent of P.V.S.C., nor shall the Contractor assign any monies due or becoming due to it without the prior written consent of P.V.S.C..

h. This contract, and all incorporations by reference together with the plans, specifications and bid documents, constitutes the entire agreement and understanding between the parties. This contract may not be modified, altered, abridged, amended or supplemented, except by written agreement executed by the parties.

i. Neither the inspection by the Engineer or any agent or employee of P.V.S.C., nor any order by P.V.S.C.

for the payment of money, nor any payment for, or acceptance of, the whole or any part of the work, by the PVSC representative or the Engineer, nor any possession taken by P.V.S.C. or their employees, shall operate as a waiver of any provisions of this contract, or of any right to damage herein provided, nor shall any waiver of any breach of the contract be held to be a waiver of any or subsequent breach. Any remedy provided in this Contract shall be taken and construed as cumulative, that is, in addition to each and every other remedy herein provided, and P.V.S.C. shall also be entitled as of right to a writ of injunction against any breach of any of the provisions of this contract.

j. The Contractor covenants and agrees that anything in this contract or in the contract documents to the contrary notwithstanding, or regardless of any matter, thing, contingency or condition unforeseen or otherwise, present or future, the Contractor shall not be entitled to receive any additional or further sums of money than the amounts in said contract documents provided, except pursuant to a written change order duly authorized by a resolution of P.V.S.C.; and the failure of P.V.S.C. to insist upon strict performance of any of the terms, covenants, agreements, provisions or conditions in this contract or in the contract documents or any one or more instances, shall not be construed as a waiver of relinquishment for the future of any such terms covenants, agreements, provisions and conditions, but the same shall be and remain in full force and effect with power and authority on the part of P.V.S.C. to enforce the same or cause the same to be enforced at any time, without prejudice to any other rights which P.V.S.C. may have against the Contractor under this contract or the contract documents.

k. Plans, specifications and the within contract shall be construed in accordance with the laws of the State of New Jersey.

l. The Contractor shall not employ any subcontractor that P.V.S.C. may object to as incompetent or unfit;

nor shall the Contractor subcontract to any person that has submitted a bid proposal for the award of the contract.

Additionally, the Contractor shall not enter into any joint venture of any kind whatsoever relating to the within construction. P.V.S.C. may waive the provisions of this paragraph in its sole and absolute discretion, upon submission of a written request by the Contractor for a waiver supported by a disclosure of all of the facts and circumstances accompanied by a copy of the joint venture contract agreement or understanding.

m. The Contractor agrees that it is as fully responsible to P.V.S.C. for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by them, as it is for the acts and omissions of persons directly employed by it.

n. The Contractor will be required to comply with the requirements of all New Jersey Statutes affecting public contracts; more particularly, but not limited to, the provisions of the Statutes hereinafter recited. All statutes not referred to herein but required by law to be applicable to public contracts are incorporated herein as though fully set forth.

o. Any spillage caused by the Contractor, his subcontractor, his suppliers or his equipment while on P.V.S.C. property, shall be the Contractor's responsibility to properly clean up at the Contractor's expense. The clean-up shall meet all Federal and State requirements and regulations, including supplying all documentation. A copy of the vendor's/contractor's spill response plan shall be submitted to the P.V.S.C. upon award of this contract.

p. Representatives of P.V.S.C. may have access to the work when it is in progress. Any inspection costs incurred by P.V.S.C. by reason of any breach or derelictions by the Contractor shall be chargeable to the Contractor.

CONTRACT B511 GC-3

q. Contractor shall indemnify and save harmless P.V.S.C. against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of P.V.S.C. and/or the Contractor, and shall defend, indemnify and save harmless P.V.S.C. from any and all claims, demands, suits, actions, or proceedings of any kind or nature including workmen's compensation claims, of or by anyone whomsoever, in any way resulting from or arising out of the operations in connection herewith, including operations of subcontractors and acts or omissions of employees or agents of Contractor or its subcontractors.

Insurance coverage specified herein constitutes the minimum requirements and said requirements shall in no way lessen or limit the liability of Contractor under the terms of the contract. Contractor shall procure and maintain, at its own cost and expense, any additional kinds and amounts of insurance, which, in its own judgment, may be necessary for its proper protection in the prosecution of the work. Any and all policies of insurance maintained by the Contractor shall be primary without contribution from any insurance carried by PVSC.

r. Before final acceptance and final or semi-final payment by P.V.S.C., the Contractor shall deliver to the P.V.S.C.Representative a complete release of all liens arising out of the contract. Contractor agrees that at no time shall any municipal liens, mechanical liens, notices of intention, or secured instruments be filed against the work and should P.V.S.C. be compelled to remove or discharge a municipal lien, mechanic's lien, notice of intention or secured instrument, the Contractor shall reimburse P.V.S.C. for all costs.

s. P.V.S.C. shall pay and the Contractor shall receive as full compensation for everything furnished and done under this contract, for all loss or damage arising out of the nature of the work, or from the action of the elements, or from any unforeseen obstruction or difficulty encountered in the prosecution of work, and for all risks of every description connected with the work, and for all expenses and losses incurred by or in consequence of the suspension or discontinuance of the work, all in accordance with the terms and conditions of this contract.

t. The Commission may order, and the Contractor shall perform, extra work under this contract that is limited to the subject matter of this contract.

On any work done by the contractor, as ordered by the Commission in writing, which is not covered in the contract as defined in the contract herein the contractor shall be paid as extra work. Extra Work costs shall be arrived at as follows:

(a) By such applicable unit prices, if any, as are set forth in the contract; or

(b) If no such unit prices are set forth, and if the parties cannot agree upon prices or lump sum, then for work performed the Contractor shall receive as compensation the actual cost to him, which cost shall include only:

1. Labor, including foreman, but not supervisors:

2. Materials entering permanently into the work;

3. The ownership or rental cost of construction plant and equipment during the time of use on the extra or changed order;

4. Power and consumable supplies for the operation of power equipment during the above time;

5. Insurance;

6. Social Security and old age and unemployment contributions;

7. Plus a fixed fee equal to 15% of the summation of items #1 through #6 above, which fee shall be compensation to cover the cost of supervision, overhead, bond, profit, and any other general expenses. The prime contractor will not be permitted to include both his 15% and any subcontractor's 15% for the items enumerated herein.

CONTRACT B511 GC-4

u. Default - In the event that the vendor, unless prevented by strike or strikers, which prevents delivery of parts or services, and shall fail to furnish the materials, or services listed in this contract as per the specifications, and according to all the terms of this contract, the Commission reserve the right to hold the Contractor in default of the contract and purchase the materials, or services through the open market, and the vendor agrees to pay the excess costs, if any, between the amount paid for same and the amount calculated at the contract price. The vendor shall also forfeit his bid or performance security to the P.V.S.C. and will not be considered a responsible bidder for any future P.V.S.C. bids.

Failure to comply with the N. J. Worker and Community Right to Know Act shall be reason for the Commission to hold the vendor in…