BRENDAN MURPHY
Chairman
LUIS A. QUINTANA
Vice Chairman
GREGORY A. TRAMONTOZZI
Executive Director
THOMAS FUSCALDO
Clerk
ELIZABETH CALABRESE
JOHN J. COSGROVE
C. LAWRENCE CRUMP
JAMES P. DORAN
JOSEPH F. ISOLA
HECTOR C. LORA
JOSHUA A. ZIELINSKI
Commissioners
“Protecting Public Health and the Environment”
PASSAIC VALLEY SEWERAGE COMMISSION
600 Wilson Avenue
Newark, New Jersey 07105
P (973) 344-1800
www.nj.gov/pvsc
ADDENDUM No. 3
for
CONTRACT NO. B436
PLANTWIDE SUPERVISORY CONTROL AND DATA ACQUISITION (SCADA)
SYSTEM IMPROVEMENTS PROGRAM – WET TRAIN/LINE OPERATIONS
New Jersey Water Bank Project No. S340689-61
August 7, 2026
Hazen and Sawyer
99 Wood Avenue South, 8th Floor, Suite 803
Iselin, NJ 08830
Digitally signed by George Markou
Date: 2026.08.06 15:51:23-04'00'
George Markou, P.E.
N.J. Professional Engineer
Lic. No. 24GE05777400
To All Concerned:
By order of the Passaic Valley Sewerage Commission (PVSC), all bidders of the above-
captioned project are hereby notified, pursuant to the New Jersey Local Public Contracts Law,
that the Contract Documents are hereby being modified by issuance of this Addendum No. 3,
which is to be made part of the Contract Documents. Receipt of this Addendum shall be
acknowledged in writing on Page 00 27 00-1 of Section 00 27 00 - Acknowledgement of Receipt
of changes to Bid Documents Form. The Contract Documents are hereby amended as follows:
GENERAL
1. Per new SED policy, specification sections 00 11 13, Advertisement to Bid, is being
modified accordingly:
In specification section 00 11 13, DELETE paragraph:
“The project or contract will be subject to regulations contained in, Local Public
Contracts Law, Department of Labor and Workforce Development Current Wage Rate
Determinations, Prevailing Wage Act pursuant N.J.S.A. 34:11-56.25 et seq., Contract
Work Hours and Safety Standard Act, Copland Act, Davis Bacon Act, Buy American
Clause pursuant to N.J.S.A. 52:32-1, Debarment and Suspension pursuant to Executive
Order 34, and Socially and Economically Disadvantaged (SED) (N.J.A.C. 7:22-9.1 et
seq.). Pursuant to N.J.S.A. 10:5-33: “Bidders are required to comply with the
requirements of P.L. 1975, c.127.””
and REPLACE with paragraph:
“The project or contract will be subject to regulations contained in, Local Public
Contracts Law, Department of Labor and Workforce Development Current Wage Rate
Determinations, Prevailing Wage Act pursuant N.J.S.A. 34:11-56.25 et seq., Contract
Work Hours and Safety Standard Act, Copland Act, Davis Bacon Act, Buy American
Clause pursuant to N.J.S.A. 52:32-1, and Debarment and Suspension pursuant to
Executive Order 34. Pursuant to N.J.S.A. 10:5-33: “Bidders are required to comply with
the requirements of P.L. 1975, c.127.””
DELETE paragraphs:
“The project or contract is funded in part by New Jersey wastewater treatment financing
programs and the successful bidder must comply with all the provisions of N.J.A.C. 7:22-
9.1 et seq. for the participation of small business enterprises owned and controlled by
socially and economically disadvantaged individuals. N.J.A.C. 7:22-3.17(a)24, 4.17(a)24,
6.17(a)24 and 7:22A-2.4(a) provide that a goal of not less than 10 percent be established
for the award of contracts to small business concerns owned and controlled by one or
more socially and economically disadvantaged individuals. The goal of 10 percent
applies to the total amount of all contracts for building, materials and equipment, or
ADDENDUM NO. 3
A3-1
PVSC Contract B436
services (including planning, design and building related activities) for a construction
project.
N.J.A.C. 7:22 Subchapter 9 establishes procedures for providing opportunities for
socially and economically disadvantaged ("SED") contractors and vendors to supply
materials and services under State financed construction contracts for environmental
infrastructure facilities. To implement the policies established in N.J.S.A. 58:11B-26,
40:11A-41 et seq., and 52:32-17 et seq., this subchapter applies to environmental
infrastructure projects receiving financial assistance from the Department and the Trust
pursuant to N.J.A.C. 7:22-3, 4 and 6 and 7:22A-6 and 7. Under the provisions of N.J.A.C.
7:22-3, 4 and 6 and 7:22A-6 and 7, the Department and the Trust require recipients of
Trust and Fund loans and other assistance to establish such programs for socially and
economically disadvantaged small business concerns, to designate a project compliance
officer, and to submit to the Department and Trust procurement plans for implementing
the SED program. All project sponsors, at least 10 days prior to public advertisement for
bids, shall notify the NJDEP Office of Equal Opportunity and Public Contract Assistance
via H2Loans, of the availability of opportunities for SEDs to provide services, to bid on
unrestricted contracts or subcontracts, or to provide any other necessary purchase or
procurement. N.J.A.C. 7:22-9.7 requires project sponsors to adhere to specific
advertisement criteria and duration. Specifically, relating to advertisement duration: In no
case shall the advertisement for bids be published less than 30 days prior to the date fixed
for receiving bids on the purchase or contract.
Bids shall be solicited on an unrestricted basis. The bid documents, however, shall
include a statement to the effect that the successful bidder must fulfill the 10 percent SED
utilization requirements by subcontracting portions or the work to SEDs. Contractors also
have the option of establishing unrestricted bidding procedures to fulfill the requirement
for the project.
If the contracting agency determines that the acceptance of the lowest responsible bid
will result either in the payment of an unreasonable price or in a contract otherwise
unacceptable pursuant to the statutes and rules governing public contracts, the contracting
agency shall reject all bids. Bidders and the office shall be notified of the rejection of all
bids, the reasons for the rejection, and the contracting agency's intent to solicit bids for a
second time. If the contracting agency determines a second time that the acceptance of
the lowest responsible bid will result either in the payment of an unreasonable price or in
a contract otherwise unacceptable pursuant to the statutes and rules governing public
contracts, the contracting agency shall reject all bids and notify the NJDEP Office of
Equal Opportunity and Public Contract Assistance and, after receipt of the NJDEP Office
of Equal Opportunity and Public Contract Assistance’s approval, shall amend the project
plan accordingly. Bidders shall be notified of the cancellation, the reasons for the
cancellation and the contracting agency's intent to resolicit bids on an unrestricted basis.
SEDs may participate in the bidding on an unrestricted basis.
Awards will be made only to socially and economically disadvantaged business concerns
that are certified by the New Jersey Commerce, Economic Growth and Tourism
Commission, the New Jersey Department of Transportation, the Port Authority of New
ADDENDUM NO. 3
A3-2
PVSC Contract B436
York and New Jersey, New Jersey Transit or other agencies deemed appropriate by the
Office as eligible minority businesses or female businesses. The invitation to bid is on an
unrestricted basis whereby the successful bidder must fulfill the SED utilization
requirements.
Further details regarding special requirements of contractors to comply with the Project
Plan developed by the Owner for SED participation are included in the Information for
Bidders and the Supplemental General Conditions.”
2. Per new SED policy, specification section 00 21 13, Instructions to Bidders, is being
modified accordingly:
In specification section 00 21 13, DELETE sentence:
“All bids shall include a commitment to the use of small, minority, women's and labor
surplus area firms and shall be in conformity with N.J.A.C. 7:22-3.17(a)(24) and 7:22-
4.17(a)(24) with a goal of not less than 10% participation of small business enterprises
owned and controlled by socially and economically disadvantaged individuals (SED's).”
3. Per new SED policy, specification section 00 73 00, Supplemental General Conditions, is
being modified accordingly:
Under 00 73 00-2, DELETE exhibit:
“5 N.J.A.C. 7:22-9 and N.J.A.C. 7:22-10, 11, 12”
and REPLACE with exhibit:
“5 N.J.A.C. 7:22-10, 11, 12”
DELETE exhibit
“6 SED Participation Building Phase Quarterly Report (Form OEO-002)”
and REPLACE with exhibit:
“6 DBE Utilization Building Phase Initial & Quarterly Report (Form OEO-004DBE)”
DELETE exhibits:
“7 SED Participation Monthly Progress Report (Form OEO-003)
8 PVSC SED Utilization Plan”
DELETE section header:
ADDENDUM NO. 3
A3-3
PVSC Contract B436
“19.09 Small Business Concerns Owned and Controlled by Socially and Economically
Disadvantaged Individuals (SEDs)”
and REPLACE with section header:
“19.09 Small Business Concerns Owned and Controlled by Disadvantaged Business
Enterprises (DBEs)”
DELETE paragraphs:
“It is the policy of the PVSC to promote the award of contracts to Socially and
Economically Disadvantaged (SED) small business enterprises by stipulating specific
requirements for involving such businesses in contracting. The failure of the Contractor
to demonstrate a good faith effort to achieve the goals set forth herein by utilizing best
efforts to implement the SED utilization plan will constitute an event of default of the
Agreement. PVSC shall designate a compliance officer who shall be responsible for
coordinating SED utilization efforts for the Agreement and for monitoring compliance
with the plan. PVSC reserves the right to audit the Contractor's SED records to insure
compliance with this provision. Socially and economically disadvantaged businesses
definitions and associated terms are defined in NJAC 7:22-9.2.
A goal of not less than 10 percent (or a higher percentage as may be required by Federal
law) of the total amount of all contracts for building, materials and equipment, or services
for a project funded by a New Jersey environmental infrastructure facilities financing
program must be awarded to SEDs. The project sponsor has identified that the SED
utilization goal for this project is 10 percent.
The Contractor is advised that not less than ten (10) percent of the total amount of all
contracts for building, materials or services for the project shall be awarded to small
business concerns owned and controlled by socially and economically disadvantaged
individuals as defined N.J.A.C. 7:22-9.2 and any regulations promulgated thereto. To
ensure comprehensive awareness, knowledge, and compliance relative to SED utilization,
the recipient shall insert into the contracts, and shall ensure that their contractor(s)
include within their subcontract(s) the following in entirety: the most current N.J.A.C.
Title 7:22 Subchapter 9. Awarding Contracts for State Assisted Projects to Small
Business Concerns Owned and Controlled by Socially and Economically Disadvantaged
Individuals.
When soliciting services from subcontractors, the Contractor must include the 10% goal
in its Proposals. Contract work cannot commence until PVSC has approved the
Contractor's SED Utilization Plan.
Each project sponsor shall develop, in consultation with the NJDEP Office of Equal
Opportunity and Public Contract Assistance, a plan for achieving its SED utilization
requirements (the "project plan"). Development of a plan shall be completed before the
Department and, when relevant, the Trust may approve an application pursuant to the
applicable program rules. The project plan shall identify those contracts proposed to be
ADDENDUM NO. 3
A3-4
PVSC Contract B436
This is the opportunity summary page. It provides an overview of this opportunity and a preview of the attached documentation.