Active SLED Opportunity · NEW JERSEY · WAYNE TOWNSHIP

    2026 Ford 450 Regular Cab/ Chassis 4X4 DRW Or Equivalent

    Issued by Wayne Township
    cityInvitation to BidWayne TownshipSol. 252080
    Open · 5d remaining
    DAYS TO CLOSE
    5
    due Apr 28, 2026
    PUBLISHED
    Apr 10, 2026
    Posting date
    JURISDICTION
    Wayne Township
    city
    NAICS CODE
    441120
    AI-classified industry

    AI Summary

    Wayne Township, NJ seeks bids for one 2026 Ford 450 Regular Cab/Chassis 4X4 DRW or equivalent vehicle for Public Works. Bids due April 28, 2026, 11 AM via OpenGov Procurement. Vehicle must meet warranty and regulatory requirements. Compliance with NJ Prevailing Wage and other statutory requirements is mandatory.

    Opportunity details

    Solicitation No.
    252080
    Type / RFx
    Invitation to Bid
    Status
    open
    Level
    city
    Published Date
    April 10, 2026
    Due Date
    April 28, 2026
    NAICS Code
    441120AI guide
    Jurisdiction
    Wayne Township
    Agency
    Wayne Township

    Description

    It is the intent to purchase one (1) 2026 Ford 450 Regular Cab/Chassis 4X4 DRW or Equivalent for Township use.

    Project Details

    • Reference ID: 2414
    • Department: Public Works
    • Department Head: Heather Vitz-DelRio (Director of Public Works)

    Evaluation Criteria

    • Notice To Bidders

      The Township of Wayne, New Jersey shall receive sealed proposals via the Township’s e-Procurement Portal, OpenGov Procurement, until 11:00 am, prevailing time, Tuesday, April 28, 2026, and then publicly opened and read aloud via Zoom Webinar for 2414, “2026 Ford 450 Regular Cab/ Chassis 4X4 DRW Or Equivalent.” Please see the following webpage for instructions to join the Bid Opening via Zoom. https://www.waynetownship.com/purchasing-bid-list.html

      Copies of the specifications and contract documents for the proposed work are available through OpenGov Procurement, https://secure.procurenow.com/portal/waynetownship, and open to public inspection on and after Friday, April 10, 2026 at 9:00 am.

      A pre-bid meeting will be held on NO VALUE at NO VALUE at the NO VALUE. The pre-bid meeting is not mandatory but highly recommended for any vendor wishing to attend. RSVP for the pre-bid meeting is not required. Vendors should become familiar with specifications prior to meeting.

      Each proposal must be made upon the prescribed forms furnished with the contract specifications.

      Proposals must be accompanied by a Bid Deposit in the form of a Bid Bond, Certified Check, or Cashier’s Check in the amount of ten percent (10%) of the total amount bid, provided said check or bond not exceed $20,000.00. Each Bid Deposit must be uploaded via the Vendor Questionnaire.

      1. Each successful bidder shall be required to comply with all provisions of the New Jersey prevailing local wages as determined by the New Jersey Department of Labor and Workforce Development.
      2. Per N.J.S.A. 34:11-56.51 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.
      3. Per N.J.S.A. 52:32-44 successful bidder must have a registered Business Registration Certificate (BRC) with the State of New Jersey prior to contract award.
      4. Per N.J.S.A. 52:25 24.2 (P.L. 1977, c.33, as amended by P.L. 2016, c.43) bidders must provide their Ownership Disclosure Certification with the name(s) and address(es) of any owner, stockholder, or partner holding an interest of 10% or more of said business with bid proposal, failure to provide the same is a non-waivable defect.
      5. Bidders are required to comply with the requirements of New Jersey Law Against Discrimination N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27 (P.L. 1975, c. 127).

      Nicole Lee, QPA, RPPS

      Specifications Writer

    • Submission of Bids
      1. Sealed bids shall be received by the Township of Wayne, hereinafter referred to as “owner,” in accordance with public advertisement as required by law, with a copy of said Legal Notice being attached hereto and made a part of these specifications.
      2. Sealed bids shall be received solely via the Township’s e-Procurement Portal, OpenGov Procurement. Physical paper bid submissions shall not be accepted by the Township.
      3. It is the bidder's responsibility that bids are submitted through OpenGov Procurement at the time designated. After the designated submission due date and time bidders shall not have the ability to be entered and accepted.
    • SCOPE OF WORK

      Contract date shall end three months after the executed contract. Order shall be placed within the contract period.

      Prices are to remain firm until the completion of purchase, with no exceptions.

      Bidders shall take the current and possible future supply chain cost impacts, tariffs, and inflation into account when putting their bid pricing proposal together.

      Bidders MUST indicate the manufacturer/brand name they are bidding.

      Manufacturer’s Warranty: Vehicle shall have a minimum 3 years/36,000 miles manufacturer’s standard bumper-to-bumper warranty which includes all powertrain parts.

      Vehicle and all vehicle equipment must meet or exceed all applicable State, Federal and PEOSHA laws and regulations. Vehicle being bid must be included in the appropriate size class as determined by the U.S. Environmental Protection Agency.

      Equivalency: Regarding avehicle in this specification, if bidders feel they have an equivalent vehicle which meets or exceeds the specifications they can bid on that vehicle but they must provide with their bid package manufacturer published documentation as well as any other independent automotive industry documentation (e.g., Car and Driver, Road & Track, Consumer Reports, etc.) proving equivalency or exceeding the bid specifications. The Township will have the final say on vehicle equivalency.

      Note: All bidders should supply one (1) copy of literature containing published specifications on vehicle being bid. Literature must include manufacturer’s published list of all standard components for vehicle. Literature must be submitted with the bid.

    • Questions

      No oral interpretation and or clarification of the meaning of the specifications for any construction will be made to any bidder. Such request shall be in writing, submitted through the Township’s e-Procurement Portal. Questions will not be accepted by any other means.

    • AWARD OF CONTRACT

      The Township shall award vehicle based on the lowest bidder from the responsive and responsible bids received.

      The Township intends to award an Open-ended contracts pursuant with N.J.A.C. 5:30-10. The Township intends this contract to be utilized for a minimum of zero (0) vehicles and a maximum of (1) vehicle.

    • Notice To Bidders

      The Township of Wayne, New Jersey shall receive sealed proposals via the Township’s e-Procurement Portal, OpenGov Procurement, until 11:00 am, prevailing time, Tuesday, April 28, 2026, and then publicly opened and read aloud via Zoom Webinar for 2414, “2026 Ford 450 Regular Cab/ Chassis 4X4 DRW Or Equivalent.” Please see the following webpage for instructions to join the Bid Opening via Zoom. https://www.waynetownship.com/purchasing-bid-list.html

      Copies of the specifications and contract documents for the proposed work are available through OpenGov Procurement, https://secure.procurenow.com/portal/waynetownship, and open to public inspection on and after Friday, April 10, 2026 at 9:00 am.

      Each proposal must be made upon the prescribed forms furnished with the contract specifications.

      1. Per N.J.S.A. 52:32-44 successful bidder must have a registered Business Registration Certificate (BRC) with the State of New Jersey prior to contract award.
      2. Per N.J.S.A. 52:25 24.2 (P.L. 1977, c.33, as amended by P.L. 2016, c.43) bidders must provide their Ownership Disclosure Certification with the name(s) and address(es) of any owner, stockholder, or partner holding an interest of 10% or more of said business with bid proposal, failure to provide the same is a non-waivable defect.
      3. Bidders are required to comply with the requirements of New Jersey Law Against Discrimination N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27 (P.L. 1975, c. 127).

      Nicole Lee, QPA, RPPS

      Specifications Writer

    • EXCEPTIONS/EQUIVALENTS SUBMISSION PROCEDURE

      Bidder shall submit the specification and/or specification of equivalent for item to be bid on via the Vendor Questionnaire. Pricing for the corresponding vehicle shall be submitted via the Pricing Proposal.

      Failure to complete both the specification/lead time portion (via the Questionnaire) and price proposal (via the Pricing Proposal) of the item which is to be bid on shall render the vendor submission unresponsive.

    • Questions Deadline

      Questions must be submitted through the Township’s e-Procurement Portal by: TBD at NO VALUE. Township’s e-Procurement Portalprior to the question submission deadline. Questions will not be accepted by any other means.

    • Pre-Bid Meeting

      If so stated in the Legal Notice to Bidders, a pre-bid conference for this proposal will be held. Attendance is not mandatory, but is strongly recommended. Failure to attend does not relieve the bidder of any obligations or requirements. If no pre-bid meeting is stated, potential bidder may contact Specifications Writer to arrange a visit, time constraints permitting.

      Please see Legal Notice for Pre-Bid Meeting details. The pre-bid meeting is not mandatory but highly recommended for any vendor wishing to attend. RSVP for the pre-bid meeting is not required. Vendors should become familiar with specifications prior to meeting.

    • CATEGORY 1: 2026 FORD 450 REGULAR CAB/CHASSIS 4X4 DRW OR EQUIVALENT

      Vehicle shall be White in exterior color and have interior color of Med Dark Slate Vinyl. Vendor shall provide 3 key fobs for vehicle.

      Bidders shall submit one lump sum unit cost inclusive of all listed specifications below including the STANDARD EQUIPMENT, FACTORY OPTIONS, and ADDITIONAL TRUCK EQUIPMENT.

       

      STANDARD EQUIPMENT

      Powertrain

      7.3 Liter Engine

      10 Speed Auto Transmission

      Fuel Tank Capacity: 35.0gal.

       

      Suspension/Handling

      Front Mono-Beam Non-Independent Suspension

      Rear Rigid Axle Leaf Suspension with HD Shocks

      Hydraulic Power-Assist Steering

       

      Body Exterior

      2 Doors

      Black Door Mirrors

      Black Bumpers

      Trailer Sway Control

      Roof Clearance Lights

       

      Convenience

      Manual Air Conditioning

      Manual Tilt Steering Wheel

      Manual Telescopic Steering Wheel

      Day-Night Rearview Mirror

      Front Cupholders

      Passenger Visor Vanity Mirror

      Upfitter Switches

       

      Seats And Trim

      Seating Capacity of 3

      Front 40-20-40 Vinyl Split-Bench Seat

      4-Way Driver Seat Adjustment

      Manual Driver Lumbar Support

      4-Way Passenger Seat Adjustment

      Center Front Armrest with Storage

       

      Entertainment Features

      AM/FM Stereo Radio with 2 Speakers

      Fixed Antenna

       

      Lighting, Visibility and Instrumentation

      Front Reading Lights

      Tachometer And Oil Pressure Gauge

      Outside Temperature Display

      Low Tire Pressure Warning

      Trip Odometer

       

      Safety and Security

      4-Wheel ABS Brakes

      Brake Assist

      4-Wheel Disc Brakes

      Advancetrac w/Roll Stability Control

      Dual Front Impact Airbags

      Dual Seat Mounted Side Impact Airbags

      Manually Adjustable Front Head Restraints

      Sync Radio with Blue Tooth

      Power Windows

      Power Locks

      Heated Power Mirrors

       

      FACTORY OPTIONS

      Spare Tire, Jack and Wheel

      Cab Steps

      Exterior Back-Up Chime

      Trailer Brake Controller

      Axle, Limited Slip 4.88 Ratio

      225/70rx19.5G Max Traction Tires

      Dual Battery

      410 Amp Alternator

      Rear View Camera and Prep Package

       

      ADDITIONAL TRUCK EQUIPMENT

      Platform/Stake Body

      Install Sh 9'6" Landscape Body with D/A Electric Hoist & Subframe

      18" Cab Shield  

      No Side Doors   

      No Rear Doors  

      Body Paint Black              

      2000 Lb. Rail Type Liftgate, For Dumping Application          

      Ball/Pintle Combo On Reinforced Steel Plate For 9' Or 12' Body    

      Electric Tarp System with Mesh Tarp     

       

      Safety Lighting  

      Dot 6 Amber LED's, 4 In Cab Shield, 2 At Rear Of Body-Dump Body Only

       

      Accessories

      7 Way RV Trailer Plug   

      Install Back Up Camera 

      3 Keys Cut and Programmed

      Commercially Applied Rustproofing/Undercoating

       

       

    • Bid Withdrawal

      Sealed bids forwarded to the owner before the time of opening of bids may be withdrawn through the Township's e-Procurement Portal. To withdraw a proposal through the Township's e-Procurement Portal, the responding firm may “unsubmit” their proposal in OpenGov Procurement. After withdrawing a previously submitted proposal, the responding firm may submit another proposal at any time up to the deadline for submitting proposals.

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

    • Multiple Bids

      More than one bid from an individual, a firm or partnership, a corporation, or association under the same names shall not be considered.

    • Pricing
      1. All prices and amounts must be written in ink or preferably machine-printed. Bidders shall submit a single price per item on the bid proposal page; any submissions offering a price range, series of prices, multiple prices, series of discounts, multiple discounts, or multiple mark ups for one item, may be rejected by the owner. Bids containing any conditions, omissions, unexplained erasures or alterations, items not called for in the bid proposal form, attachment of additive information not required by the specifications, or irregularities of any kind, may be rejected by the owner. Any changes, whiteouts, strikeouts, etc. in the bid must be initialed in ink by the person signing the bid.
      2. Each bid proposal form must be submitted upon the bid proposal form included in these documents complete with the full business address, business phone, fax, e-mail if available, the contact person of the bidder, and be signed by an authorized representative as follows:
        1. Bids by partnerships must furnish the full name of all partners and must be signed in the partnership name by one of the members of the partnership or by an authorized representative, followed by the signature and designation of the person signing.
        2. Bids by corporations must be signed in the legal name of the corporation, followed by the name of the State in which incorporated and must contain the signature and designation of the president, secretary, or other person authorized to bind the corporation in the matter.
        3. Bids by sole-proprietorship shall be signed by the proprietor.
        4. When requested, satisfactory evidence of the authority of the officer signing shall be furnished.
    • Truth in Contracting
      1. Bidder should be aware of the following statutes that represent “Truth in Contracting” laws:
        1. N.J.S.A. 2C:21-34 governs false claims and representations by bidders. It is a serious crime for the bidder to knowingly submit a false claim and/or knowingly make material misrepresentation.
        2. N.J.S.A. 2C:27-10 provides that a person commits a crime if said person offer benefits to public servants who solicit, accept or agree to accept any benefit, to influence the performance of an official duty or to commit a violation of an official duty.
        3. N.J.S.A. 2C:27-11 provides that a bidder commits a crime if said person, directly or indirectly, confers or agrees to confer any benefit not allowed by law to a public servant.
        4. Bidder should consult the statutes or legal counsel for further information.
    • Pay-to-Play Disclosure

      Business entities are advised of their responsibility to file an annual disclosure statement of political contributions with the New Jersey Election Law Enforcement Commission (ELEC) pursuant to N.J.S.A. 19:44A-20.27 if they receive contracts in excess of $50,000 from public entities in a calendar year. Business entities are responsible for determining if filing is necessary. Additional information on this requirement is available from ELEC at 888-313-3532 or http://www.elec.state.nj.us/

    • Official Requests for Bid Packages

      As the township must comply with the notice requirements set forth in N.J.S.A. 40A:11-23(c) Official Requests for Bid Packages are available from the owner’s website at http://www.waynetownship.com/purchasing-bid-list.html at no cost to the prospective respondents. All addenda are posted on this site. Potential respondents are cautioned that they are responding at their own risk if a third party supplied the specifications that may or may not complete. The owner is not responsible for third party supplied documents. Respondents are urged to register their contact information on the website so any addenda to these specifications can be sent to them.

    • Causes for Rejecting Bids

      Bids may be rejected for any of the following reasons:

      1. All bids pursuant to N.J.S.A. 40A:11-13.2; “Wherein failure to submit shall be deemed a fatal defect that shall render the bid proposal unresponsive and that cannot be cured by the governing body. Such, items including bid guarantee, consent surety, ownership disclosure statement, list of subcontractors, and acknowledgment of addenda.”
      2. If more than one bid is received from an individual, firm or partnership, corporation, or association under the same name;
      3. Multiple bids from an agent representing competing bidders;
      4. The bid is inappropriately unbalanced;
      5. The bidder is determined to possess, pursuant to N.J.S.A. 40A:11-4b, Prior Negative Experience; or,
      6. If the successful bidder fails to enter into a contract within the time period specified above, or as otherwise agreed upon in writing by the parties to the contract, the Township may accept the bid of the next lowest responsive and responsible bidder at its option.
    • Interpretation

      A. The bidder understands and agrees that its bid is submitted on the basis of the specifications prepared by the owner. The bidder accepts the obligation to become familiar with these specifications. All goods included in specifications and work shall be new and unused.

      B. Bidders are expected to examine the specifications and related bid documents with care and observe all their requirements. Ambiguities, errors, or omissions noted by bidders should be promptly reported in writing to the appropriate official. Any prospective bidder who wishes to challenge a bid specification shall file such challenges in writing with the contracting agent no less than three business days prior to the opening of the bids. Challenges filed after that time shall be considered void and having no impact on the contracting unit or the award of a contract pursuant to N.J.S.A. 40A:11-13. In the event the bidder fails to notify the owner of such ambiguities, errors or omissions, the bidder shall be bound by the requirements of the specifications and the bidder’s submitted bid.

      C. Wherever the Technical Specifications section duplicates or conflicts with the Township of Wayne standard Instructions to Bidders & Statutory Requirements section, the latter shall be utilized.

    • Addenda

      All interpretations, clarifications and any supplemental instructions will be in the form of written addenda to the specifications and notice will be provided through an advertisement in Township of Wayne Website, sent to potential bidders who obtained a copy of the bid package, or had submitted a bid submission. All addenda so issued shall become part of the specification and bid documents and shall be acknowledged by the bidder in the bid by completing the Acknowledgement of Addenda Confirmation Question via the Vendor Questionnaire. The owner’s interpretations or corrections thereof shall be final.

      Pursuant to N.J.S.A. 40A:11-23(c)(1) when issuing addenda, the owner shall provide required notice prior to the official receipt of bids to any person who has submitted a bid or who has received a bid package. They will be sent from notifications@procurenow.com. It is recommended that bidders include this address in the recipient email contact list to ensure it is not routed to a junk email folder.

       

    • Discrepancies in Bids

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

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

    • Brand Names, Standards of Quality, and Performance

      A. Brand names and/or descriptions used in these specifications are intended to acquaint bidders with the types of goods and services desired and will be used as a standard by which goods and services offered as equivalent will be evaluated.

      B. The use of brand names is not intended to preclude bidders from proposing equivalent goods or services.

      C. When a specification uses “brand name,” “equivalent,” the listed brand name shall serve as a reference or point of comparison for functional or operational characteristic desired for the good or service being requested. Where a bidder submits an equivalent, it shall be the responsibility of the bidder to document the equivalence claim. Failure to submit such documentation shall be grounds for rejection of the claim of equivalence.

      D. Variations between the goods and services described and the goods and services offered are to be fully identified and described by the bidder on a separate sheet and submitted with the bid proposal form. Vendor literature WILL NOT suffice in explaining exceptions to these specifications. In the absence of any exceptions by the bidder, it will be presumed and required that the goods and services as described in the bid specification be provided or performed. Bidder exceptions must be formally submitted via the Vendor Questionnaire and accepted by the Township.

      E. It is the responsibility of the bidder to document and/or demonstrate the equivalency of the goods and services offered. The owner reserves the right to evaluate the equivalency of the goods and services.

      F. In submitting its bid, the bidder certifies that the goods and services to be furnished will not infringe upon any valid patent or trademark and that the successful bidder shall, at its own expense, defend any and all actions or suits charging such infringement, and will save the owner harmless from any damages resulting from such infringement.

      G. The contractor shall guarantee any or all goods and services supplied under these specifications. Defective or inferior goods shall be replaced at the expense of the contractor. The contractor will be responsible for return freight or restocking charges.

    • Pricing Information for Preparation of Bids

      A. The owner is exempt from any local, state or federal sales, use or excise tax. The owner will not pay for New Jersey State Sales and Use Tax that are included in any invoices.

      B. Estimated Quantities (Open-End Contracts): The owner has attempted to identify the item(s) and the estimated amounts of each item bid to cover its requirements; however, past experience shows that the amount ordered may be different than that submitted for bidding. The right is reserved to decrease or increase the quantities specified in the specifications pursuant to N.J.A.C. 5:30-11.2 and 11.10. NO MINIMUM PURCHASE IS IMPLIED OR GUARANTEED.

      C. Contractor shall be responsible for obtaining any applicable permits or licenses from any government entity that has jurisdiction to require the same. All bids submitted shall have included this cost. Township of Wayne fees shall be waived.

      D. Bidders shall insert prices for furnishing goods and services required by these specifications. Prices shall be net, including any charges for packing, crating, containers, etc. All transportation charges shall be fully prepaid by the contractor, F.O.B. destination and placement at locations specified by the owner. As specified, placement may require inside deliveries. No additional charges will be allowed for any transportation costs resulting from partial shipments made for the contractor's convenience.

      E. In the event of a public emergency declared at the local, state, or federal level prior to the expiration of the contract, if the owner opts to extend terms and conditions of the contract, the contractor agrees to extend the terms and conditions of this specification, whether existing or expiring for no longer than six months, for goods and/or services for the duration of the emergency.

      F. Bidders shall take the current and possible future supply chain cost impacts and inflation into account when putting their bid pricing proposal together.

    • Bidder's Checklist

      Per N.J.S.A. 40A:11-23.1, bid proposal documents for the erection, alteration or repair of a building, structure, facility, or other improvement to real property, shall include a form listing those documentary and informational forms, certifications, and other documents that the Township of Wayne requires each bidder to submit with the bid. The form shall list each of the items to be submitted with the bid proposal and a place for the bidder to indicate, by initialing each entry, that the bidder has included those required items with the completed bid proposal. Each bidder shall complete this form and submit it with the bid proposal in addition to those documentary and informational forms, certifications, and other documents that are listed on the form. Failure to submit any of the mandatory items shall be deemed a fatal defect that shall render the bid proposal unresponsive and that cannot be cured by the Township of Wayne.

    • Proof of Business Registration

      The successful contractor shall submit a copy of the contractor’s registration along with those of all listed subcontractors prior to award of contract. N.J.S.A. 52:32-44 imposes the following requirements on contractors and all subcontractors that knowingly provide goods or perform services for a contractor fulfilling this contract:

      1. During the course of contract performance, the contractor shall maintain and submit to the Township a list of subcontractors and their addresses that may be updated from time to time. 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. Prior to receipt of final payment from a contracting agency, a contractor must submit to the contacting agency an accurate list of all subcontractors or attest that none was used;

      3. During the term of this contract, the contractor and its affiliates shall collect and remit, and shall notify all subcontractors and their affiliates that they must collect and remit to the Director, New Jersey Division of Taxation, 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 this 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.usreasury/revenue/busregcert.shtml.

      4. Pursuant to N.J.S.A. 54:49-4.1, a business organization that fails to provide proof of business registration or provides false business registration information shall be liable to a penalty of $25 for each day of violation, not to exceed $50,000 for each business registration not properly provided or maintained under a contract with a contracting agency. Information on the law and its requirements is available by calling (609) 292-9292.

    • Emergency Purchases or Contracts

      For purchases of an emergent nature, the contractor shall provide it 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.

    • The Public Works Contractor Registration Act

      The Public Works Contractor Registration Act (N.J.S.A. 34:11-56.48, et seq.) requires all contractors, subcontractors, or lower tier subcontractors who bid on or engage in the performance of any work for which the payment of prevailing wage is required in the state of New Jersey to register with the Department of Labor and Workforce Development. The Contractor Registration Certificate is issued to both the company and its responsible representatives.

      Effective July 1, 2024, the prevailing wage contract threshold for projects awarded by municipal governing bodies is $19,375.00.  All contractors and subcontractors who bid on or engage in the performance of any construction-related public works projects in New Jersey must register with the New Jersey Department of Labor and Workforce Development.  To register, a contractor must provide the State Department of Labor and Workforce Development with a full and accurately completed application form. The form is available online at https://www.njportal.com/lwd/pwcr

      Pursuant to N.J.S.A. 34:11-56.51, “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), or for which payment of the prevailing wage is required by any other provision of law, unless the contractor is registered pursuant to this act. 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 (C.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 the New Jersey Department of Community Affairs, Division of Local Government Services Local Finance Notice 2021-20, “A contractor must have its Public Works Contractor Registration (PWCR) in place before responding to solicitations for bids on public works contracts subject to prevailing wage. All subcontractors listed in a bid proposal must possess a PWCR at the time the bid is made. However, failure to include a contractor’s or listed subcontractor’s PWCR certificate in a bid is not a fatal flaw that requires the bid to be thrown out. The PWCR certificate for the contractor and the certificates for any listed subcontractors shall be provided to the contracting unit prior to contract award and must be effective as of the date the contractor submitted its bid; a contracting unit cannot accept a contractor’s or subcontractor’s application to the Department of Labor for a PWCR certificate in lieu of a PWCR certificate. All non-listed subcontractors must obtain a PWCR certificate before starting work on a prevailing wage public works project.”

      Bidders are notified that vendors currently suspended, debarred, or disqualified by the New Jersey Department of Labor and/or the New Jersey Division of Property Management and Construction are excluded from participation on this project. If bidder is on the State of New Jersey Department of Labor & Workforce Development Debarment List (list of firms and individuals that have been debarred in accordance with the provisions of the New Jersey Prevailing Wage Act from engaging in or bidding on Public Works Contracts in New Jersey) or have been debarred by the New Jersey Department of Labor and Workforce Development, Division of Wage and Hour Compliance, no contract shall be awarded. Pursuant to N.J.S.A. 34:1A-1.16 and  the New Jersey Department of Community Affairs, Division of Local Government Services Local Finance Notice 2024-18, “’The Workplace Accountability in Labor List (The WALL),’ L. 2019, c. 366 (N.J.S.A. 34:1A-1.16) authorized the New Jersey Department of Labor and Workforce Development (NJDOL) to create and maintain The WALL, which is a list of any person found in violation of any State wage, benefit, and tax laws and against whom a final order has been issued by the NJDOL Commissioner or other appropriate agency officer for such violations. “Person” means any natural person, company corporate officer or principal, firm, association, corporation, contractor, subcontractor or other entity engaged in contracting. A person placed on The WALL is prohibited from contracting with any public body until the liability for violations of State wage, benefit, and tax laws have been resolved to the satisfaction of the NJDOL.”

      Pursuant to N.J.S.A. 34:11-56.50, a “Contractor” is “a person, partnership, association, joint stock company, trust, corporation, or other legal business entity or successor thereof who enters into a contract which is subject to the provisions of the "New Jersey Prevailing Wage Act," P.L.1963, c.150 (C.34:11-56.25 et seq.), and includes any subcontractor or lower tier subcontractor of a contractor as defined herein.” It applies to contractors based in New Jersey or in another state.

      Per N.J.S.A. 34:11-56.26(3): “‘Maintenance work’ means the repair of existing facilities when the size, type or extent of such facilities is not thereby changed or increased. ‘Maintenance work’ also means any work on a maintenance-related project that exceeds the scope of work and capabilities of in-house maintenance personnel, requires the solicitation of bids, and has an aggregate value exceeding $50,000.”

      Per N.J.S.A. 34:11-56.26(5): "’Public work’ means construction, reconstruction, demolition, alteration, custom fabrication, or repair work, or maintenance work, including painting and decorating, done under contract and paid for in whole or in part out of the funds of a public body, except work performed under a rehabilitation program. ‘Public work’ shall also mean construction, reconstruction, demolition, alteration, custom fabrication, or repair work, done on any property or premises, whether or not the work is paid for from public funds, if, at the time of the entering into of the contract the property or premises is owned by the public body or: (a) Not less than 55% of the property or premises is leased by a public body, or is subject to an agreement to be subsequently leased by the public body; and (b) The portion of the property or premises that is leased or subject to an agreement to be subsequently leased by the public body measures more than 20,000 square feet.”

      Pursuant to the New Jersey Department of Community Affairs, Division of Local Government Services Local Finance Notice 2021-20, “P.L. 2019, c.158 and P.L. 2019, c.372 together authorize the Department of Labor to issue stop work orders against employers the Department determines are violating any State wage, benefit or tax law; including laws on prevailing wage, unemployment insurance, workers’ compensation insurance, and temporary disability insurance. Local government and school district public works projects are not exempt from such stop-work orders, which could negatively impact project timelines. P.L. 2019, c.158 allows general contractors to terminate from a project any subcontractor upon whom the Department of Labor imposes a stop-work order for violating the Prevailing Wage Act.”

    • Statement of Ownership Disclosure & Federal Non-Debarment Certification - Construction/Public Works Contracts

      Summary of the Certification Requirements under N.J.S.A. 52:32-44.1

      Pursuant to state law any natural person, company, firm, association, corporation, or other entity prohibited, or “debarred,” from contracting with the federal government agencies, shall also be prohibited from contracting for public work in the state of New Jersey. This prohibition also extends to any affiliate organization(s) held by or subject to the control of an entity of that prohibited person or entity.

      Prior to awarding a contract for public work a local unit must obtain written certification from the contracting person or entity via the Vendor Questionnaire with bid proposals, attesting to their non-debarment from contracting with federal government agencies.

      N.J.S.A. 52:32-44.1 (P.L. 2019, c.406)

      See vendor Question for Certification Form Questions titled "Statement of Ownership Disclosure & Federal Non-Debarment Certification - Construction/Public Works Contracts."

    • Bid Security and Bonding Information

      The following provisions if indicated by the Bidder’s Checklist are mandatory requirements of the bid proposal and contract:

      A. BID GUARANTEE

      Bid Guarantee is required only if directed by the Legal Notice to Bidders. If no bid requirement is stated, then no Bid Guarantee is required. If stated otherwise, the Bidder shall submit with the bid a certified check, cashier's check or bid bond in the amount of ten percent (10%) of the total bid, but not in excess of $20,000.00, or as stated on the legal notice, payable unconditionally to the Township of Wayne in accordance with N.J.S.A. 40A:11-21.

      When submitting a Bid Bond, it shall contain Power of Attorney for the full amount of the Bid Bond from a surety company authorized to do business in the State of New Jersey and acceptable to the owner.

      Failure to submit a bid guarantee shall result in rejection of the bid.

      The check or bond shall be submitted as outlined below.

      Per N.J.S.A. 5:34-5.3, bidder may submit a bid bond and/or surety company certificate in a format where the bond or certificate can be verified electronically through a verification code issued by the surety agency. Bidder shall upload a copy of Bid Deposit and Consent of Surety documents and provide the associated Verification Code provided by the surety agency, if applicable. You must also submit your Bid Deposit and Consent of Surety in original hard paperwork in the form of a Bid Bond, Certified Check, or Cashier’s Check document addressed to the TOWNSHIP CLERK’S OFFICE, attention Paul V. Margiotta, RMC, CMC, Township of Wayne, 475 Valley Road, Wayne, NJ 07470, and delivered at the place and AFTER the Bid Due Date as stated in the Introduction section. Envelope or Package must be clearly endorsed with the bid identifier information (including, but not limited to bid number and name.)

      The check or bond of the unsuccessful bidder(s) shall be returned pursuant to N.J.S.A. 40A:11-24a. The check or bond of the bidder to whom the contract is awarded shall be retained until a contract is executed and the required performance bond or other security is submitted. The check or bond of the successful bidder shall be forfeited if the bidder fails to enter into a contract pursuant to N.J.S.A. 40A:11-21. Please refer to the legal notice for specific directions before obtaining the bid bond. Bidders must use the form provided or its legal equivalent, conforming to N.J.S.A. 40A:11-21. Submission of the AIA Document 310, or any other form limiting or potentially limiting the penal sum of the bond to damages or any amount less than 10% of the bid price not to exceed $20,000.00 (such as forms of bond that limit the penal sum to the difference between damages or the bid price and the Owner’s cost of the Work), do not meet the statutory requirements of N.J.S.A. 40A:11-21 and SHALL be cause for rejection of the bid.

      B. CONSENT OF SURETY

      Consent of Surety is required only if directed by the Legal Notice to Bidders. The Consent of Surety shall be submitted via the Vendor Questionnaire and the physical original document of the successful bidder shall be submitted to the Township after the bid opening and prior to award of the contract.

      If no bid requirement is stated, then no Consent of Surety is required. If stated otherwise, the Bidder shall submit with the bid a Consent of Surety (sample form included herein), with Power of Attorney for full amount of bid price from a Surety Company authorized to do business in the State of New Jersey and acceptable to the owner stating that it will provide said bidder with a Performance Bond in the full amount of the bid. This certificate shall be obtained in order to confirm that the bidder to whom the contract is awarded will furnish Performance and Payment Bonds from an acceptable surety company on behalf of said bidder, any or all subcontractors or by each respective subcontractor or by any combination thereof which results in performance security equal to the total amount of the contract, pursuant to N.J.S.A. 40A:11-22.

      Failure to submit Consent of Surety form shall result in rejection of the bid.

      C. PERFORMANCE BOND

      Performance Bond is required only if directed by the Legal Notice to Bidders. If no bid requirement is stated, then no Performance Bond is required. If stated otherwise, the Bidder shall simultaneously with the delivery of the executed contract, submit an executed performance bond in the amount of one hundred percent (100%) of the acceptable bid as security for the faithful performance of this contract.

      The Performance Bond provided shall not be released until final acceptance of the whole work and then only if any liens or claims have been satisfied. The surety on such bond or bonds shall be a duly authorized surety company authorized to do business in the State of New Jersey pursuit to N.J.S.A. 17:31-5. For multi-year contracts, the Performance bond may be resubmitted each year on the Contract Anniversary Date for the amount remaining on the contract.

      Failure to submit this with the executed contract shall be cause for declaring the contract null and void pursuant to N.J.S.A. 40A:11-22.

      D. LABOR AND MATERIAL (PAYMENT) BOND

      Bidder shall, with the delivery of the Performance Bond, submit an executed payment bond to guarantee payment to laborers and suppliers for the labor and material used in the work performed under the contract.

      Failure to submit a labor and material bond with the Performance Bond shall be cause for declaring the contract null and void.

      E. MAINTENANCE BOND

      Upon acceptance of the work by the owner, the contractor shall submit a maintenance bond (N.J.S.A. 40A:11-16.3) in an amount not to exceed 100% of the project costs guaranteeing against defective quality of work or materials for the period of two (2) years.

      The performance bond provided shall not be released until final acceptance of the whole work and then only if any liens or claims have been satisfied. The surety on such bond or bonds shall be a duly authorized surety company authorized to do business in the State of New Jersey pursuant to N.J.S.A. 17:31-5.

    • EEO Compliance

      No firm may be issued a contract unless it complies with the affirmative action provisions of N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27-1 et seq.

      Goods and Services (including professional services) Contracts

      Each contractor shall submit to the public agency, after notification of award but prior to execution of a goods and services contract, one of the following three documents:

      A. A photocopy of a valid letter that the contractor is operating under an existing Federally approved or sanctioned affirmative action program (good for one year from the date of the letter); or

      B. A photocopy of a Certificate of Employee Information Report approval, issued in accordance with N.J.A.C. 17:27-4; or

      C. A photocopy of an Employee Information Report (Form AA 302) provided by the Division and distributed to the public agency to be completed by the contractor in accordance with N.J.A.C. 17:27-4.

    • Exhibit A Mandatory Equal Employment Opportunity Language

      No firm may be issued a contract unless it complies with the affirmative action provisions of N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27-1 et seq. as administered by the Division of Purchase & Property Contract Compliance and Audit Unit (Division) and provided below.

      EXHIBIT A

      MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE

      N.J.S.A. 10:5-31 et seq. (P.L.1975, c.127)

      N.J.A.C. 17:27 et seq.

      GOODS, GENERAL SERVICES, AND PROFESSIONAL SERVICES CONTRACTS

      During the performance of this contract, the contractor agrees as follows:

      The contractor or subcontractor, where applicable, will not discriminate against any employee or applicant for employment because of age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Except with respect to affectional or sexual orientation and gender identity or expression, the contractor will ensure that equal employment opportunity is afforded to such applicants in recruitment and employment, and that employees are treated during employment, without regard to their age, race, creed, color, national origin, ancestry, marital status, affection-al or sexual orientation, gender identity or expression, disability, nationality or sex. Such equal employment opportunity shall include, but not be limited to the following: employment, up-grading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Public Agency Compliance Officer setting forth provisions of this nondiscrimination clause.

      The contractor or subcontractor, where applicable will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex.

      The contractor or subcontractor will send to each labor union, with which it has a collective bargaining agreement, a notice, to be provided by the agency contracting officer, advising the labor union of the contractor's commitments under this chapter and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

      The contractor or subcontractor, where applicable, agrees to comply with any regulations promulgated by the Treasurer pursuant to N.J.S.A. 10:5-31 et seq., as amended and supplemented from time to time and the Americans with Disabilities Act.

      The contractor or subcontractor agrees to make good faith efforts to meet targeted county employment goals established in accordance with N.J.A.C. l7:27-5.2.

      The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies including, but not limited to, employment agencies, placement bureaus, colleges, universities, and labor unions, that it does not discriminate on the basis of age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex, and that it will discontinue the use of any recruitment agency which engages in direct or indirect discriminatory practices.

      The contractor or subcontractor agrees to revise any of its testing procedures, if necessary, to assure that all personnel testing conforms with the principles of job related testing, as established by the statutes and court decisions of the State of New Jersey and as established by applicable Federal law and applicable Federal court decisions.

      In conforming with the targeted employment goals, the contractor or subcontractor agrees to review all procedures relating to transfer, upgrading, downgrading and layoff to ensure that all such actions are taken without regard to age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex, consistent with the statutes and court decisions of the State of New Jersey, and applicable Federal law and applicable Federal court decisions.

      The contractor shall submit to the public agency, after notification of award but prior to execution of a goods and services contract, one of the following three documents:

      1. Letter of Federal Affirmative Action Plan Approval;

      2. Certificate of Employee Information Report; or

      3. Employee Information Report Form AA-302 (electronically provided by the Division and distributed to the public agency through the Division’s website at: http://www.state.nj.usreasury/contract_compliance.

      The contractor and its subcontractors shall furnish such reports or other documents to the Division of Purchase & Property, CCAU, EEO Monitoring Program as may be requested by the office from time to time in order to carry out the purposes of these regulations, and public agencies shall furnish such information as may be requested by the Division of Purchase & Property, CCAU, EEO Monitoring Program for conducting a compliance investigation pursuant to N.J.A.C. 17:27-1.1 et seq.

    • Exhibit B Mandatory Equal Employment Opportunity Language

      No firm may be issued a contract unless it complies with the affirmative action provisions of Local Finance Notice 2021-20 provided by the Department of Community Affairs, and N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27-1 et seq. as administered by the Division of Purchase & Property Contract Compliance and Audit Unit (Division) and provided below.

      EXHIBIT B

      MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE

      N.J.S.A. 10:5-31 et seq. (P.L.1975, c.127)

      N.J.A.C. 17:27-1.1 et seq.

      CONSTRUCTION CONTRACTS

      During the performance of this contract, the contractor agrees as follows:

      The contractor or subcontractor, where applicable, will not discriminate against any employee or applicant for employment because of age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Except with respect to affectional or sexual orientation and gender identity or expression, the contractor will ensure that equal employment opportunity is afforded to such applicants in recruitment and employment, and that employees are treated during employment, without regard to their age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Such equal employment opportunity shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Public Agency Compliance Officer setting forth provisions of this nondiscrimination clause.

      The contractor or subcontractor, where applicable will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex.

      The contractor or subcontractor will send to each labor union, with which it has a collective bargaining agreement, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under this act and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

      The contractor or subcontractor, where applicable, agrees to comply with any regulations promulgated by the Treasurer, pursuant to N.J.S.A. 10:5-31 et seq., as amended and supplemented from time to time and the Americans with Disabilities Act.

      When hiring or scheduling workers in each construction trade, the contractor or subcontractor agrees to make good faith efforts to employ minority and women workers in each construction trade consistent with the targeted employment goal prescribed by N.J.A.C. l7:27-7.2; provided, however, that the Dept. of LWD, Construction EEO Monitoring Program, may, in its discretion, exempt a contractor or subcontractor from compliance with the good faith procedures pre-scribed by the following provisions, A, B, and C, as long as the Dept. of LWD, Construction EEO Monitoring Program is satisfied that the contractor or subcontractor is employing workers provided by a union which provides evidence, in accordance with standards prescribed by the Dept. of LWD, Construction EEO Monitoring Program, that its percentage of active “card carrying” members who are minority and women workers is equal to or greater than the targeted employment goal established in accordance with N.J.A.C. 17:27-7.2. The contractor or subcontractor agrees that a good faith effort shall include compliance with the following procedures:

      (A) If the contractor or subcontractor has a referral agreement or arrangement with a union for a construction trade, the contractor or subcontractor shall, within three business days of the contract award, seek assurances from the union that it will cooperate with the contractor or sub-contractor as it fulfills its affirmative action obligations under this contract and in accordance with the rules promulgated by the Treasurer pursuant to N.J.S.A. 10:5-31 et. seq., as supplemented and amended from time to time and the Americans with Disabilities Act. If the contractor or subcontractor is unable to obtain said assurances from the construction trade union at least five business days prior to the commencement of construction work, the contractor or sub-contractor agrees to afford equal employment opportunities minority and women workers directly, consistent with this chapter. If the contractor's or subcontractor's prior experience with a construction trade union, regardless of whether the union has provided said assurances, indicates a significant possibility that the trade union will not refer sufficient minority and women workers consistent with affording equal employment opportunities as specified in this chapter, the contractor or subcontractor agrees to be prepared to provide such opportunities to minority and women workers directly, consistent with this chapter, by complying with the hiring or scheduling procedures prescribed under (B) below; and the contractor or subcontractor further agrees to take said action immediately if it determines that the union is not referring minority and women workers consistent with the equal employment opportunity goals set forth in this chapter.

      (B) If good faith efforts to meet targeted employment goals have not or cannot be met for each construction trade by adhering to the procedures of (A) above, or if the contractor does not have a referral agreement or arrangement with a union for a construction trade, the contractor or subcontractor agrees to take the following actions:

      (l) To notify the public agency compliance officer, the Dept. of LWD, Construction EEO Monitoring Program, and minority and women referral organizations listed by the Division pursuant to N.J.A.C. 17:27-5.3, of its workforce needs, and request referral of minority and women workers;

      (2) To notify any minority and women workers who have been listed with it as awaiting available vacancies;

      (3) Prior to commencement of work, to request that the local construction trade union refer minority and women workers to fill job openings, provided the contractor or subcontractor has a referral agreement or arrangement with a union for the construction trade;

      (4) To leave standing requests for additional referral to minority and women workers with the local construction trade union, provided the contractor or subcontractor has a referral agreement or arrangement with a union for the construction trade, the State Training and Employment Service and other approved referral sources in the area;

      (5) If it is necessary to lay off some of the workers in a given trade on the construction site, layoffs shall be conducted in compliance with the equal employment opportunity and non-discrimination standards set forth in this regulation, as well as with applicable Federal and State court decisions;

      (6) To adhere to the following procedure when minority and women workers apply or are referred to the contractor or subcontractor:

      (i) The contractor or subcontractor shall interview the referred minority or women worker.

      (ii) If said individuals have never previously received any document or certification signifying a level of qualification lower than that required in order to perform the work of the construction trade, the contractor or subcontractor shall in good faith determine the qualifications of such individuals. The contractor or subcontractor shall hire or schedule those individuals who satisfy appropriate qualification standards in conformity with the equal employment opportunity and non-discrimination principles set forth in this chapter. However, a contractor or subcontractor shall determine that the individual at least possesses the requisite skills, and experience recognized by a union, apprentice program or a referral agency, provided the referral agency is acceptable to the Dept. of LWD, Construction EEO Monitoring Program. If necessary, the contractor or subcontractor shall hire or schedule minority and women workers who qualify as trainees pursuant to these rules. All of the requirements, however, are limited by the provisions of (C) below.

      (iii) The name of any interested women or minority individual shall be maintained on a waiting list, and shall be considered for employment as described in (i) above, whenever vacancies oc-cur. At the request of the Dept. of LWD, Construction EEO Monitoring Program, the contractor or subcontractor shall provide evidence of its good faith efforts to employ women and minorities from the list to fill vacancies.

      (iv) If, for any reason, said contractor or subcontractor determines that a minority individual or a woman is not qualified or if the individual qualifies as an advanced trainee or apprentice, the contractor or subcontractor shall inform the individual in writing of the reasons for the determination, maintain a copy of the determination in its files, and send a copy to the public agency compliance officer and to the Dept. of LWD, Construction EEO Monitoring Program.

      (7) To keep a complete and accurate record of all requests made for the referral of workers in any trade covered by the contract, on forms made available by the Dept. of LWD, Construction EEO Monitoring Program and submitted promptly to the Dept. of LWD, Construction EEO Monitoring Program upon request.

      (C) The contractor or subcontractor agrees that nothing contained in (B) above shall preclude the contractor or subcontractor from complying with the union hiring hall or apprenticeship policies in any applicable collective bargaining agreement or union hiring hall arrangement, and, where required by custom or agreement, it shall send journeymen and trainees to the union for referral, or to the apprenticeship program for admission, pursuant to such agreement or arrangement. However, where the practices of a union or apprenticeship program will result in the exclusion of minorities and women or the failure to refer minorities and women consistent with the targeted county employment goal, the contractor or subcontractor shall consider for employment persons referred pursuant to (B) above without regard to such agreement or arrangement; provided further, however, that the contractor or subcontractor shall not be required to employ women and minority advanced trainees and trainees in numbers which result in the employment of advanced trainees and trainees as a percentage of the total workforce for the construction trade, which percentage significantly exceeds the apprentice to journey worker ratio specified in the applicable collective bargaining agreement, or in the absence of a collective bargaining agreement, exceeds the ratio established by practice in the area for said construction trade. Also, the contractor or subcontractor agrees that, in implementing the procedures of (B) above, it shall, where applicable, employ minority and women workers residing within the geographical jurisdiction of the union.

      After notification of award, but prior to signing a construction contract, the contractor shall sub-mit to the public agency compliance officer and the Dept. of LWD, Construction EEO Monitor-ing Program an initial project workforce report (Form AA-201) electronically provided to the public agency by the Dept. of LWD, Construction EEO Monitoring Program, through its web-site, for distribution to and completion by the contractor, in accordance with N.J.A.C. 17:27-7. The contractor also agrees to submit a copy of the Monthly Project Workforce Report once a month thereafter for the duration of this contract to the Dept. of LWD, Construction EEO Monitoring Program, and to the public agency compliance officer.

      The contractor agrees to cooperate with the public agency in the payment of budgeted funds, as is necessary, for on-the-job and/or off-the job programs for outreach and training of minorities and women.

      (D) The contractor and its subcontractors shall furnish such reports or other documents to the Dept. of LWD, Construction EEO Monitoring Program as may be requested by the Dept. of LWD, Construction EEO Monitoring Program from time to time in order to carry out the pur-poses of these regulations, and public agencies shall furnish such information as may be re-quested by the Dept. of LWD, Construction EEO Monitoring Program for conducting a compliance investigation pursuant to N.J.A.C. 17:27-1.1 et seq.

    • Ownership Disclosure

      Per N.J.S.A. 52:25 24.2 (P.L. 1977, c.33, as amended by P.L. 2016, c.43) “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, the cost of which is to be paid with or out of any public funds, by the State, or any county, municipality or school district, or any subsidiary or agency of the State, or of any county, municipality or school district, or by any authority, board, or commission which exercises governmental functions, unless prior to the receipt of the bid or accompanying the bid, 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.”

      Summary of the Certification Requirements under N.J.S.A. 52:32-44.1

      Pursuant to state law any natural person, company, firm, association, corporation, or other entity prohibited, or “debarred,” from contracting with the federal government agencies, shall also be prohibited from contracting for public work in the state of New Jersey. This prohibition also extends to any affiliate organization(s) held by or subject to the control of an entity of that prohibited person or entity.

      Prior to awarding a contract for public work a local units must obtain written certification from the contracting person or entity through the form below, attesting to their non-debarment from contracting with federal government agencies. Contracting units are reminded that they must fill-in the boilerplate information in the certification sections of Parts II through IV regarding their name and type of contracting unit before using the form.

    • Non-Collusion Affidavit

      The Affidavit shall be properly executed and must be submitted with the bid proposal.

    • Americans with Disabilities Act of 1990

      Discrimination on the basis of disability in contracting for the purchase of goods and services is prohibited. Bidders are required to read Americans with Disabilities language that is included in this specification and agree that the provisions of Title II of the Act are made a part of the contract. The contractor is obligated to comply with the Act and to hold the owner harmless.

    • New Jersey Prevailing Wage Act (N.J.S.A. 34:11-56.25 et seq.)

      Pursuant to N.J.A.C. 12:60-5.1(c), “The public works contractors and subcontractors shall submit to the public body or lessor which contracted for the public works project the following in a form satisfactory to the Commissioner. 1. A certified payroll record on each public works project. i. Such record shall be submitted each payroll period within 10 days of the payment of wages. ii. The public body shall receive, file, store and make available for inspection at its normal place of business and during normal business hours the certified payroll records.”

      Pursuant to the New Jersey Department of Community Affairs, Division of Local Government Services Local Finance Notice 2024-18, “’Electronic Submission of Certified Payrolls for Prevailing Wage Projects,’ L. 2023, c. 138 requires the public works contractor registration and certified payrolls for prevailing wage projects to be submitted online. Effective August 15, 2024, contractors or subcontractors performing on a prevailing wage project must submit their certified payroll records on the NJDOL New Jersey Wage Hub.”

      Pursuant to the New Jersey Department of Community Affairs, Division of Local Government Services Local Finance Notice 2024-18, “Pursuant to the law, contractors are required to submit the certified payroll records to both the public agency awarding the contract and through online submission within 10 days of the date on which the wages were paid to a worker. The online submission does not relieve the contractor of the requirement to submit the certified payroll records to the public body awarding the contract.”

      Pursuant to N.J.A.C. 12:60-2.1, “‘Certified payroll record’ means a payroll record which is attested to by the employer, or the owner of the company doing business as the employer, or a corporate officer of such company, or an authorized agent of the employer.”

      Pursuant to N.J.A.C. 12:60-2.1: "Payroll record" means a form satisfactory to the Commissioner, wherein is shown employee information such as name, address, social security number, craft or trade, together with actual hourly rate of pay, actual daily, overtime and weekly hours worked in each craft or trade, gross pay, itemized deductions, and net pay paid to the employee; such record shall also include:  1. Any fringe benefits paid to approved plans, funds or programs on behalf of the employee; and 2. Fringe benefits paid in cash to the employee.”

      P.L. 2021, c. 301, effective as of May 7, 2022, “If a person makes the lowest bid for a contract with a public body for public work subject to the provisions of the “New Jersey Prevailing Wage Act,” P.L.1963, c.150 (C.34:11-56.25 et seq.) and that bid is ten percent or more lower than the next lowest bid for the contract, the person making the lowest bid shall 2[provide proof to the satisfaction of] certify to2 the public body that the prevailing wage rates required by that act shall be paid. If the bidder does not provide the 2[proof] certification prior to award of the contract2, the 2[bid shall be rejected] public body shall award the contract to the next lowest responsible and responsive bidder. This certification shall be required only when a public body is engaging in competitive bidding for public work”

      Pursuant to N.J.S.A. 34:11-56.27, “Every contract in excess of the prevailing wage contract threshold amount for any public work to which any public body is a party or for public work to be done on property or premises owned by a public body or leased or to be leased by a public body shall contain a provision stating the prevailing wage rate which can be paid (as shall be designated by the commissioner) to the workers employed in the performance of the contract and the contract shall contain a stipulation that such workers shall be paid not less than such prevailing wage rate. Such contract shall also contain a provision that in the event it is found that any worker, employed by the contractor or any subcontractor covered by said contract, has been paid a rate of wages less than the prevailing wage required to be paid by such contract, the public body, the lessee to whom the public body is leasing a property or premises or the lessor from whom the public body is leasing or will be leasing a property or premises may terminate the contractor's or subcontractor's right to proceed with the work, or such part of the work as to which there has been a failure to pay required wages and to prosecute the work to completion or otherwise. The contractor and his sureties shall be liable for any excess costs occasioned thereby to the public body, any lessee to whom the public body is leasing a property or premises or any lessor from whom the public body is leasing or will be leasing a property or premises.”

       

    • Plan and Equipment Certification

      Bidder shall certify on the Equipment Certification form that they control or have access to equipment necessary to do the required work if awarded the contract. If the bidder does not own or lease the equipment, a certification from the owner of the equipment that the bidder will have access to the equipment is required with the bid. (N.J.S.A. 40A:11-20)

    • Prohibited Activities in Russia and Belarus & Investment Activities in Iran

      Pursuant to N.J.S.A. 52:32-60.1, et seq. (L. 2022, c. 3) any person or entity (hereinafter “Vendor*”) that seeks to enter into or renew a contract with a State agency for the provision of goods or services, or the purchase of bonds or other obligations, must complete the certification below indicating whether or not the Vendor is identified on the Office of Foreign Assets Control (OFAC) Specially Designated Nationals and Blocked Persons list, available here: https://sanctionssearch.ofac.treas.gov/. If the Department of the Treasury finds that a Vendor has made a certification in violation of the law, it shall take any action as may be appropriate and provided by law, rule or contract, including but not limited to, imposing sanctions, seeking compliance, recovering damages, declaring the party in default and seeking debarment or suspension of the party.

      Pursuant to N.J.S.A. 52:32-60.1, et seq. and N.J.S.A.40A:11-2.2 (L. 2022, c. 3) any person or entity (hereinafter “Vendor”) that seeks to enter into or renew a contract with a local contracting unit subject to the Local Public Contracts Law for the provision of goods or services, or the purchase of bonds or other obligations, must complete the certification below indicating whether or not the Vendor is identified on the Office of Foreign Assets Control (OFAC) Specially Designated Nationals and Blocked Persons list, available here: https://sanctionssearch.ofac.treas.gov/. If the Department of the Treasury finds that a Vendor has made a certification in violation of the law, it shall take any action as may be appropriate and provided by law, rule or contract, including but not limited to, imposing sanctions, seeking compliance, recovering damages, declaring the party in default and seeking debarment or suspension of the party.

      The Disclosure of Activities in Russia and Belarus & Investment Activities in Iran shall be submitted via the Vendor Questionnaire.

    • American Goods and Products to Be Used Where Possible

      Only manufactured and farm products of the United States, wherever available, shall be used pursuant to N.J.S.A. 40A:11-18.

    • New Jersey Worker and Community Right to Know Act

      The manufacturer or supplier of chemical substances or mixtures shall label them in accordance with the N.J. Worker and Community Right to Know Act (N.J.S.A. 34:5A-1 et seq. and N.J.A.C. 8:59 et seq.). All direct use containers shall bear a label indicating the chemical name(s) and Chemical Abstracts Service number (s) of all hazardous substances in the container, and all other substances which are amount the five most predominant substances in the container, or their trade secret registry number(s) pursuant to N.J.A.C. 8:59-1.3.) Further, all applicable Material Safety Data Sheets (MSDS) - hazardous substance fact sheet - must be furnished. All containers which are stored at an owner’s facilities by the contractor or subcontractors shall display RTK labeling. Vendors with questions concerning labeling should contact New Jersey Department of Health for assistance in developing proper labels at http://nj.gov/health/workplacehealthandsafety/right-to-know/

    • Document Retention

      Bidders shall be aware of N.J.A.C. 17:44-2.2 Authority to audit or review contract records, Relevant records of private vendors or other persons entering into contracts with covered entities are subject to audit or review by OSC pursuant to N.J.S.A. 52:15C-14(d). Contractor shall maintain all documentation related to products, transactions or services under this contract for a period of five years from the date of final payment. Such records shall be made available to the New Jersey Office of the State Comptroller upon request.

    • E.L.E.C. Notice

      Regarding “Pay-to-Play” disclosure of contributions by business entities

      Summary “pay-to-play” prohibition on business entity contributions (N.J.S.A. 19:44A-20.3 through 20.27): contributions by business entities that have or are seeking New Jersey government contracts, the “Pay-To-Play” disclosure law requires that prior to entering a contract with a governmental entity of more than $17,500 that is not publicly advertised, a business entity must disclose to that governmental entity certain contributions made during the past year. Further, a business entity that has received $50,000 or more through government contracts in a calendar year must file an annual disclosure statement electronically with the commission to report contract information and reportable contributions it has made. (The business entity annual statement form and instructions can be found at the following web address: https://www.elec.state.nj.us/pay2play/form.html

    • Other Provisions

      Both parties agree to comply with all the requirements of the Federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) as maybe amended from time to time, and the corresponding HIPAA regulations for the confidentiality and security of medical information. If awarded the bid, the contractor shall:

      1. Not use or disclose protected health information other than as permitted or required by law

      2. Use appropriate safeguards to protect the confidentiality of the information

      3. Report any use or disclosure not permitted The contractor, by execution of the contract, shall thereby indemnify and hold the owner harmless from any and all liabilities, claims, actions, costs, and penalties which may be incurred as a result of the failure of the contractor to comply with the requirements of the HIPAA or any other statute or case law protecting the privacy of persons using its services.

      The owner shall retain all of its rights and interest in any and all documents and property both hard copy and digital furnished by the owner to the successful bidder (contractor) for the purpose of assisting the contractor in the performance of this contract. None of the documents and/or property shall, without the written consent of the owner, be disclosed to others or used by the contractor or permitted by the contractor to be used by their parties at any time except in the performance of the resulting contract. The contractor shall not have the right to use, sell, or disclose the total of the interim or finally work products, or make available to third parties, without the prior written consent of the owner. Any information supplied to the owner may be required to be supplied on CD/DVD or USB flash drive media compatible with Microsoft Windows, and Microsoft Office Suite 2010 or greater.

      Under state and federal statutes, certain government records are protected from public disclosure. The owner, the contractor, and any subcontractors have a responsibility and an obligation to safeguard from public success an employee’s personal information with which it has been entrusted when disclosure thereof would violate the employee’s reasonable expectation of privacy. All payroll, personnel, and health insurance related files are confidential. Additionally, the contract and any subcontractors may be privy to sensitive law enforcement information or investigations during their review which must remain confidential. The owners retain the right to make any public disclosure under law. Also, among government records deemed confidential are administrative or technical information regarding computer hardware, software, and networks that, if disclosed, would jeopardize computer security. The contractor and any subcontractor(s) are prohibited from the sale or distribution of all supplied information to any third party.

      Proof of licensure for any activity regulated by the State of New Jersey and required to do the work required under this specification, for either the firm or the person responsible for the work, shall be provided as required by the owner.

    • Award of Contract

      A. Pursuant to requirements of N.J.A.C. 5:30-5.1 et seq., any contract resulting from this bid shall be subject to the availability and appropriation of sufficient funds. Please see Termination of Contract, Sub-section E, for additional information.

      B. If the award is to be made on the basis of a total bid only, it shall be made to the lowest responsible and responsive bidder. In case of a tie, the Township awards pursuant to N.J.S.A. 40A:11-6.1 which states: “Whenever two or more responses to a request of a contracting agent offer equal prices and are the lowest responsible bids or proposals, the contracting unit may award the contract to the vendor whose response, in the discretion of the contracting unit, is the most advantageous, price and other factors considered. In such a case, the award resolution or purchase order documentation shall explain why the vendor selected is the most advantageous.”

      C. If the award is to be made on the basis of a combination of a base bid with selected options (based on the availability of funds and/or at the discretion of the Township); it shall be made to the lowest responsible and responsive bidder. In case of a tie, the Township awards pursuant to N.J.S.A. 40A:11-6.1 which states: “Whenever two or more responses to a request of a contracting agent offer equal prices and are the lowest responsible bids or proposals, the contracting unit may award the contract to the vendor whose response, in the discretion of the contracting unit, is the most advantageous, price and other factors considered. In such a case, the award resolution or purchase order documentation shall explain why the vendor selected is the most advantageous.”

      D. The Township may also elect to award the contract on the basis of lowest individual unit prices or combined total categories.

      E. Successful bidder/respondent shall complete W-9 Form and submit to the owner prior to contract award. The form is available at the following link: https://www.irs.gov/pub/irs-pdf/fw9.pdf

      F. Pursuant to N.J.S.A. 40A:11-24, the contract shall be signed by all parties within 21 days, Sundays and holidays excepted, after the making of the award. In order to comply with this statutory requirement, the Township requires that a signed copy of the contract must be returned, along with the Certificate of Insurance, EEO Compliance, and Performance Bond (if applicable) in the amounts specified by these specifications, within fourteen (14) days, Sundays and holidays excepted, of receipt to the Township Legal Department. Upon receipt of all required documents, the Township will forward a fully executed contract.

    • No Oral Modifications

      The contract may not be modified or changed orally.

    • Claims and Disputes Pertaining to Compensation

      Claims or disputes pertaining to compensation for the Contractor or any of its employees performing work under the contract shall not delay or affect the continued performance of the Contractor hereunder. Disputed portions of vouchers submitted by the Contractor may be withheld by the Township, without affecting the progress of the work hereunder, until the claim or dispute has been satisfactorily resolved, and the same shall not be deemed a breach of contract by the Township.

    • Contract Period

      The contract start date shall be no later than 21 days (Sundays and Holidays excluded) from the date of contract award, and the duration of which shall be up to One year.

      The Township of Wayne may extend this contract up to N/A as long as it is acceptable and in the interest of both contracting parties and the terms and conditions of the original contract are held firm.

    • Contract Period

      The contract start date shall be no later than 21 days (Sundays and Holidays excluded) from the date of contract award, and the duration of which shall be up to One year.

    • Termination of Contract

      A. If, through any cause, the contractor shall fail to fulfill in a timely and proper manner obligations under the contract or if the contractor shall violate any of the requirements of the contract, the owner shall there upon have the right to terminate the contract by giving written notice to the contractor of such termination and specifying the effective date of termination. Such termination shall relieve the owner of any obligation for balances to the contractor of any sum or sums set forth in the contract. Owner will pay only for goods and services accepted prior to termination.

      B. Notwithstanding the above, the contractor shall not be relieved of liability to the owner for damages sustained by the owner by virtue of any breach of the contract by the contractor and the owner may withhold any payments to the contractor for the purpose of compensation until such time as the exact amount of the damage due the owner from the contractor is determined.

      C. The contractor agrees to indemnify and hold the owner harmless from any liability to subcontractors/suppliers concerning payment for work performed or goods supplied arising out of the lawful termination of the contract by the owner under this provision.

      D. In case of default by the contractor, the owner may procure the goods or services from other sources and hold the contractor responsible for any excess cost.

      E. Continuation of the terms of the contract beyond the fiscal year is contingent on availability of funds in the following year's budget. In the event of unavailability of such funds, the owner reserves the right to cancel the contract.

      F. It is understood by all parties that if, during the life of the contract, the contractor disposes of his/her business concern by acquisition, merger, sale and orransfer or by any means convey his/her interest(s) to another party, all obligations are transferred to that new party. In this event, the new parties will be required to submit all documentation/legal instruments that were required in the original bid/contract. Any change shall be approved by the Owner.

      G. The contractor will not assign any interest in the contract and shall not transfer any interest in the same without the prior written consent of the owner.

      H. The owner may terminate the contract for convenience by providing 60 calendar days advanced notice to the contractor.

      I. For contracts that exceed one year, each fiscal year payment obligation of the owner is contingent upon the availability of owner funds appropriated or allocated for the payment of such an obligation. If funds are not allocated and available for the continuance of any services performed by the bidder awarded the contract (contractor) hereunder, whether in whole or in part, the owner at the end of any particular fiscal year may terminate such services. The owner will notify the contractor in writing immediately of any services that will be affected by a shortage of appropriated funds. This provision shall not be construed so as to permit the owner to terminate the contract during the term, or any service hereunder, merely in order to acquire identical services from another contractor.

      J. Neither party shall be responsible for any resulting loss or obligation to fulfill duties as specified in any of the terms or provisions of a contract if the fulfillment of any term or provision of contract is delayed or prevented by any revolutions, insurrections, riots, wars, acts of enemies, national emergencies, strikes, floods, fires, acts of God, or by any cause not within the control of the party whose performance is interfered with which by the exercise of reasonable diligence such party is unable to prevent. Additionally, if the fulfillment of any of the terms and provisions of the contract is delayed or prevented by any court order, or action or injunction or other such agreement, the contract shall become voidable by the owner by notice to the parties.

    • Payment Overview

      A. No payment will be made unless duly authorized by the owner’s authorized representative and accompanied by proper documentation.

      B. Payment will be made in accordance with the owner’s policy and procedures. Invoices shall specify, in detail, the period for which payment is claimed, the services performed during the prescribed period, the amount claimed, and the correlation between services claimed and this proposal.

      C. The owner may withhold all or partial payments on account of subsequently discovered evidence including, but not limited to, the following:

      1. Deliverables not complying with the project specifications;

      2. Claims filed or responsible evidence indicating probability of filing claims;

      3. A reasonable doubt that the contract can be completed for the balance then unpaid. When the above grounds are removed, payment shall be made for amounts withheld because of them.

      D. Public funds may only be used for goods delivered or services rendered. The owner shall not pay penalties and/or interest on overdue bills unless otherwise required by law. No employee is authorized to sign a letter of credit or any other document that represents a legal commitment on the part of the owner to pay additional fees.

    • Prompt Payment of Construction Contracts

      Prime Contractor shall be paid according to the guidelines set forth in N.J.S.A. 2A:30A-1 et seq. provided:

      1. The contractor has performed in accordance with the contract; and

      2. The work has been approved and certified by the Township’s “Designated Project Manager”, hereafter referred to as “DPM”, who shall be named in the technical specifications herein, and

      3. That a written statement identifying any discrepancies in the work has not been sent by the Township to the contractor explaining any amount withheld and the reason for withholding payment.

      4. If any or all of the work associated with this bill is disputed, the portion of work which is not being questioned shall be paid in accordance with N.J.S.A. 2A:30A-1 et seq. A written explanation of any discrepancies shall be sent to the contractor no more than twenty days from the billing date. If the foregoing conditions have been met, the Township shall pay the bill not more than thirty (30) calendar days after the billing date, or after the next Council Meeting date, whichever is less.

    • Request for Payment Notification

      When mailing or hand-delivering a Request for Payment, envelopes shall be clearly marked “Request for Payment” and sent directly to the Township’s DPM. If an outside Consultant or Engineer has been contracted by the Township for Construction Observation or Work Inspection, the contractor shall also submit a copy of the request for payment to the Consultant.

    • Final Payment and Claims

      After the final acceptance of work by the Township and the Engineer, the balance of monies due will be paid up to 100% of the total work completed.

    • Final Clean Up

      Before the final acceptance of the project, You shall remove all equipment, temporary work, unused and useless materials, rubbish and temporary buildings, repair or replace in an acceptable manner fences or other private or public property which may have been damaged or destroyed on account of the prosecution of the work, fill all depressions and water pockets on public and private property caused by your operations, remove all obstructions from waterways caused by Your work, shall clean all drains and ditches within and adjacent to the site of the project which have been obstructed by Your operations, and shall leave the site of the project and adjacent public and private property in a neat and presentable condition wherever your operations have disturbed conditions existing at the time of starting work. You shall procure and submit to the RE signed statements from property owners affected that You have fulfilled Your obligations in the matters enumerated above with regard to their respective properties. Payment for final cleaning up and restoration of property as above provided will not be made under any specific item but the cost of this work shall be included in the prices bid for the various items in the Contract.

      Before final cleaning up, the RE will have the right to order You to clean up the project site at any reasonable time during construction.

      Contractor's Title to Materials. No materials or supplies for the work shall be purchased by You or by any Subcontractor subject to any chattel mortgage or under a conditions sale contract or other agreement by which an interest is retained by the seller. You warrant that You have good title to all material and supplies used by You in the work, free from all liens, claims or encumbrances.

      In the performance of this project, You and all Subcontractors shall use only domestic materials in the performance of the work; but if the RE shall find that in respect to some particular domestic materials, it is impractical to make such requirements, or that it would unreasonably increase the cost, an exception shall be noted in the Supplementary Specifications as to that particular material, and a public record made of the findings which justified the exception. (R.S. 52:33)

    • Process of Resolution for Construction Contract Disputes

      A. Per N.J.S.A. 40A:11-50: “All construction contract documents entered into in accordance with the provisions of P.L.1971, c.198 (C.40A:11-1 et seq.) after the effective date of P.L.1997, c.371 (C.40A:11-50) shall provide that disputes arising under the contract shall be submitted to a process of resolution pursuant to alternative dispute resolution practices, such as mediation, binding arbitration or non-binding arbitration pursuant to industry standards, prior to being submitted to a court for adjudication. Nothing in this section shall prevent the contracting unit from seeking injunctive or declaratory relief in court at any time. The alternative dispute resolution practices required by this section shall not apply to disputes concerning the bid solicitation or award process, bid withdrawal, or to the formation of contracts or subcontracts to be entered into pursuant to P.L.1971, c.198 (C.40A:11-1 et seq.). Notwithstanding industry rules or any provision of law to the contrary, whenever a dispute concerns more than one contract, such as when a dispute in a contract involving construction relates to a contract involving design, architecture, engineering or management, upon the demand of a contracting party, other interested parties to the dispute shall be joined unless the arbitrator or person appointed to resolve the dispute determines that such joinder is inappropriate. Notwithstanding industry rules or any provision of law to the contrary, whenever more than one dispute of a similar nature arises under a construction contract, or related construction contracts, upon the demand of a contracting party, the disputes shall be joined unless the arbitrator or person appointed to resolve the dispute determines that the disputes are inappropriate for joinder. For the purposes of this section, the term ‘construction contract’ means a contract involving construction, or a contract related thereto concerning architecture, engineering or construction management.”

      B. Per N.J.S.A. 2A:30A-2(f) “All contracts for the improvement of structures entered into after the effective date of P.L.2006, c.96 between owners, prime contractors, subcontractors or sub-subcontractors shall provide that disputes regarding whether a party has failed to make payments required pursuant to this section 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.”

    • Change Orders

      See N.J.S.A. 40A:11-16.7

    • Partial Payments

      A. The Contractor shall submit, within twenty one (21) days of the contract award, an itemized breakdown of costs involved in the various portions of the Contract, in such detail and form as acceptable to the Township. The breakdown shall show the delivered price for materials and the allowance for installation, and include items for testing and maintenance. The Owner reserves the right to reject the cost breakdown, if the Owner considers it unbalanced, unreasonable, unsatisfactory or lacking in detail.

      B. Payment will be made for the actual quantity of authorized work done as agreed to in the itemized cost breakdown, at the price or prices stipulated therein. Contractor shall submit Invoice to the Township.

      C. Two percent (2%) of the amount due on each partial payment shall be withheld by the Owner pending completion of the contract.

      D. The Contractor shall not be entitled to demand or receive payment for any portion of the work unless the same shall be fully completed as required by the contract to the satisfaction of the Township and such completion has been certified by the Township.

      E. Invoices presented to Owner shall be appropriate AIA documents, unless Township agreed otherwise.

    • Liquidated Damages

      As permitted by N.J.S.A. 40A:11-19, the Township shall charge liquidated damages for the violation of any of the terms and conditions thereof or the failure to perform said contract in accordance with its terms and conditions in the following manner:

      1. DAILY COSTS: You unconditionally guarantee that Contractor can and will complete the work within the time limit stated in the Contract Documents, or within the time as extended in accordance with the provisions of this Specification. In as much as damage and loss to the Township which will result from the failure of Contractor to complete the work within the stipulated time, Contractor shall be responsible for all of the costs direct, indirect, and overhead for all engineering services including Inspection as outlined in the technical specifications, when applicable. When the Township does not have engineering services and/or inspection costs but suffers other loss for the failure to complete the work within the time limit stated in the Contract documents, the Township shall charge liquidated damages in the amount of $500.00 per working day beginning with the day after the time limit recited in the contract has expired or the substantiated approved extension date to the completion date of the project close out.

      2. LEGAL REQUIREMENT TO REPAIR DAMAGED PRIVATE PROPERTY: In the event that Contractor has caused damage to private property, Contractor is required to repair any damage within five (5) working days of written notification by the Township. If the damaged property has not been repaired within five (5) working days of written notification by the Township, you will be assessed damages in the amount of $500.00 per day for every working day until the damage has been repaired. In the event that a repair is made to private property and the homeowner is not satisfied with the repair, you will be notified in writing by the Township and you will have five (5) working days to resolve the issue to the satisfaction of the homeowner. If the repairs have not been made to the satisfaction of the homeowner after five (5) working days, you will be assessed damages in the amount of $500.00 per day for every working day until the damage has been repaired to the satisfaction of the homeowner. In the event that you dispute the homeowner’s claim regarding the acceptability of a repair, you shall notify the Township in writing within five (5) working days of the disputed repair. The Township will meet with Contractor and the homeowner to resolve the dispute. The decision of the Township regarding the disposition of the claim following the meeting shall be final. In the event that the Township determines that the homeowner’s claim is valid you shall have five (5) working days to rectify the repair and will be assessed damages in the amount of $500.00 per day for every working day until the damage has been repaired to the satisfaction of the Township an the concurrence of the homeowner.

      3. The Township will deduct and retain all damages out of any money due or to become due hereunder.

    • Insurance Requirements

      The contractor shall maintain the following kinds of insurance with the limits not less than the amounts indicated. All insurers must have an AM Best’s rating of at least A- Class VII and must be written by a carrier authorized to write insurance in the State of New Jersey. The specifications outlined are standard industry Insurance Services Office (ISO) forms that are used by most insurers. In the event a carrier utilizes a proprietary policy form, the agent or broker must provide a statement that the policy provides a scope of coverage at least as broad as the requested ISO form.

      Prior to the commencement of any work the contractor SHALL provide a Certificate of Insurance, subject to the approval of the Township Attorney or his designee, evidencing the following coverage:

       

      Workers' Compensation & Employer's Liability

      A. Workers’ Compensation as required by state statute.

      B. Employer’s Liability as required by state statute.

      C. Sole proprietors, partners of a partnership, members of a limited liability company must elect worker’s compensation and employer’s coverage.

       

      Commercial General Liability - Occurrence and Minimums

      A. Occurrence Form - Insurance Services Offices - (ISO) Form CG0001 (Ed. 4/2013; 12/07; 12/04; 10/01)

      B. Minimums:

      1. $1,000,000 Each Occurrence

      2. $1,000,000 Personal & Advertising Injury Limit

      3. $2,000,000 General Aggregate

      4. $2,000,000 Products-Completed Operations Aggregate

       

      Commercial General Liability – Endorsements

      The following endorsements are to be attached and made a part of the Certificate of Insurance:

      1. Designated Construction Project(s) - General Aggregate Limit (Form CG2503 05 09)

      2. Additional Insured - Owners, Lessees or Contractors (CG2010 Ed 04 13): Township of Wayne its elected officials, officers, directors, employees, and volunteers.

      3. Additional Insured - Completed Operations (CG20 37 Ed 04/13): THIS MUST BE CARRIED FOR MINIMUM OF 3 YEARS AFTER COMPLETION OF WORK

      4. Primary and Noncontributory - Other Insurance Condition (CG20 01 04 13)

      5. Waiver of Transfer of Rights of Recovery Against Others To Us (CG2404 Ed 05/09) - Applies to: Township of Wayne its elected officials, officers, directors, employees, and volunteers.

      6. Waiver of Governmental Immunity (CG14 04 13)

      7. Earlier Notice of Cancellation Provided to Us (CG0224) - Number of Days’ Notice: 30 Days except 10 days for non-payment of premium. Endorsement specifically applying to Township of Wayne.

      8. All policies shall contain a waiver of subrogation clause in favor of the Township of Wayne and its members, commissioners, officers, agents, employees, guests, consultants and volunteers.

       

      Commercial General Liability - Form CG0001

      Regarding Commercial General Liability Form CG0001, the coverage cannot contain any of the following endorsements that restrict or amend:

      1. Coverage A. exclusion b (Contractual exclusion) - An amendment to the definition of “Insured Contract” is not acceptable.

      2. Coverage A. exclusion e. (Employer’s Liability) - An amendment to the definition of “employee” is not acceptable.

      3. Coverage A. exclusion f (Pollution exclusion) - An amendment to the exclusion is not acceptable. An exception is made if there is a separate Pollution Liability policy.

      4. Condition 7 - Separation of Insureds - An “insured versus insured” exclusion or Cross Liability Exclusion is not acceptable. A “Named Insured” versus “Named Insured” exclusion is acceptable.

      5. Endorsements excluding operations relating to Explosion, Collapse, Underground activities (X, C, U) are not acceptable.

       

      Business Automobile Policy

      A. Insurance Service Form (ISO) - Form CA 0001 Edition 03 06

      B. Liability Minimum: $1,000,000 - Symbol 1 “Any Auto”

       

      Professional Liability (Applicable to Professional Service Contracts only)

      1. Minimum: $2,000,000.00
      2. Excess Liability Minimum: $1,000,000.00

      B. Coverage may be an umbrella form or “follow form excess” but in no event shall coverage be more restrictive than underlying insurance for: Commercial General Liability; Business Automobile Liability; Employer’s Liability

       

      Umbrella/Excess Liability (Applicable to Construction and Goods and Services Contracts only)

      1. Construction Minimum: $5,000,000.00
      2. Goods and Services Minimum: $1,000,000.00
      3. Coverage maybe an umbrella form or “follow form excess” but in no event shall coverage be more restrictive than underlying insurance for: Commercial General Liability; Business Automobile Liability; Employer’s Liability

       

      Contractor's Pollution (Applicable to Construction Contracts only)

      A. Minimum: $5,000,000 Per Claim/Aggregate

      B. Owner- Township of Wayne as Additional Insured with respect to Pollution coverage.

       

      Cyber Liability (Applicable to Professional Service Contracts only)

      Consultant shall maintain Privacy and Network Security insurance covering liability arising from

      (1) hostile action, or a threat of hostile action, with the intent to affect, alter, copy, corrupt, destroy, disrupt, damage, or provide unauthorized access/unauthorized use of a computer system including exposing or publicizing confidential electronic data or causing electronic data to be inaccessible; and

      (2) computer viruses, Trojan horses, worms and any other type of malicious or damaging code; and

      (3) dishonest, fraudulent, malicious, or criminal use of a computer system by a person, whether identified or not, and whether acting alone or in collusion with other persons, to affect, alter, copy, corrupt, delete, disrupt, or destroy a computer system or obtain financial benefit for any party or to steal or take electronic data; and

      (4) denial of service for which the Consultant is responsible that results in the degradation of or loss of access to internet or network activities or normal use of a computer system; and

      (5) loss of service for which the Consultant is responsible that results in the inability of a third party, who is authorized to do so, to gain access to a computer system and conduct normal internet or network activities; and

      (6) access to a computer system or computer system resources by an unauthorized person or persons or an authorized person in an unauthorized manner with a limit not less than $2,000,000 per occurrence.

      This insurance shall provide coverage for personal injury (including emotional distress and mental anguish). This insurance shall not contain any provision under which claims made by the Township of Wayne against the Consultant would not be covered due to the operation of an insured versus insured exclusion.

    Submission Requirements

    • Solicitation Documents (required)

      By submitting a response to this solicitation, the bidder certifies that they have read, understand and acknowledge all requirements of this Invitation to Bid.

    • Authorization (required)

      The bidder acknowledges they are authorized as an individual, partner, or officer to submit a response on behalf of their organization.

    • Bidder's Information
    • Bidder's Full Name (required)

      Please provide the Full Name of the Bidder for this project as part of your response to this solicitation.

    • Bidder's Email (required)

      Please provide the Email Address for the Bidder for this project as part of your response to this solicitation.

    • Bidder's Address (required)

      Please provide the Address for the Bidder for this project as part of your response to this solicitation.

    • Bidder's Business Phone Number (required)

      Please provide the Business Phone Number for the Bidder for this project as part of your response to this solicitation.

    • Bidder's Fax Number

      Please provide the Fax Number for the Bidder for this project as part of your response to this solicitation.

    • Bidder's Federal I.D. (required)

      Please provide the FEID (Federal I.D.) Number for the organization submitting a response to this solicitation.

    • Bidder's W-9 (required)

      Please upload a copy of your W-9 here.

    • New Jersey Business Registration Certificate
    • New Jersey Business Registration Certificate

      Please upload a copy of your New Jersey Business Registration Certificate here.

      Please Note: NOT REQUIRED TO BE SUBMITTED WITH BID, BUT WILL BE REQUIRED PRIOR TO CONTRACT AWARD. ADDITIONALLY PER N.J.S.A. 52:32-44 SUCCESSFUL BIDDER MUST HAVE A REGISTERED BUSINESS CERTIFICATE (BRC) WITH THE STATE OF NEW JERSEY PRIOR TO CONTRACT AWARD.

    • Specification Submission

      Bidder shall submit the specification and/or specification of equivalent for item to be bid on below. Please be sure to submit specification for item to be bid and Pricing via the Pricing Proposal Section. 

    • CATEGORY 1: 2026 Ford Regular Cab/Chassis 4x4 DRW or Equivalent (required)

      Submit the specifications of the vehicle(s) and equipment to be offered for Category 1 here. 

    • CATEFORY 1: Lead Time (required)

      Submit the lead time for delivery of the vehicle and equipment to be offered for Category 1 here.

    • Public Works Contractor Registration Certificate
    • Public Works Contractor Registration Certificate

      Please upload a copy of your Public Works Contractor Registration Certificate here.

      Please Note: PER N.J.S.A. 34:11-56.51 NO CONTRACTOR SHALL BID ON ANY CONTRACT FOR PUBLIC WORK AS DEFINED IN 2 OF P.L.1963, c. 150 (C.34:11-56.26) UNLESS THE CONTRACTOR IS REGISTERED PURSUANT TO THIS ACT.

    • Mandatory Equal Employment Opportunity Language
    • Please confirm that you have read and agree with the Mandatory Equal Employment Opportunity language below. (required)

      By submitting a response to this solicitation, the bidder has read, understands and agrees to the Mandatory Equal Employment Opportunity Language (N.J.S.A. 10:5-31 et seq. (P.L.1975, c.127) N.J.A.C. 17:27 et seq.) and requirements as provided in the Instructions to Bidders and Statutory Requirements and further understands that during the performance of the contract, they agree to follow all requirements.

    • Please confirm that you have read and agree with the Mandatory Equal Employment Opportunity language below. (required)

      By submitting a response to this solicitation, the bidder has read, understands and agrees to the Mandatory Equal Employment Opportunity Language (N.J.S.A. 10:5-31 et seq. (P.L.1975, c.127) N.J.A.C. 17:27-1.1 et seq.) and requirements as provided in the Instructions to Bidders and Statutory Requirements and further understands that during the performance of the contract, they agree to follow all requirements.

    • Affirmative Action Compliance Notice
    • Please confirm that you have read and agree with the Affirmative Action Compliance Notice below. (required)

      Goods, General Services and Professional Services Contracts

      This is a summary of the successful bidder’s requirement to comply with the requirements of N.J.S.A. 10:5-31 et seq. and N.J.A.C.17:27.

      The successful bidder shall submit to the Township, after notification of award but prior to execution of this contract, one of the following three documents as forms of evidence:

      (a) A photocopy of a valid letter that the contractor is operating under an existing Federally approved or sanctioned affirmative action program (good for one year from the date of the letter);

      OR

      (b) A photocopy of a Certificate of Employee Information Report approval, issued in accordance with N.J.A.C. 17:27-4;

      OR

      (c) A photocopy of an Employee Information Report (Form AA302) provided by the NJ Department of the Treasury, Division of Purchase & Property, Contract Compliance Audit Unit, EEO Monitoring Program and available online at https://www.state.nj.usreasury/contract_compliance/documents/pdf/forms/aa302ins.pdf

      Proper completion and submission of these reports shall constitute evidence of the contractor’s compliance with the regulations. Failure to submit these forms may result in the contract being terminated.

    • Please confirm that you have read and agree with the Affirmative Action Compliance Notice below. (required)

      Construction Contracts

      This is a summary of the successful bidder’s requirement to comply with the requirements of N.J.S.A. 10:5-31 et seq. and N.J.A.C.17:27.

      Upon award of a construction contract, all successful Construction Contractors shall submit the following as evidence:

      1.Form AA-201 (Initial Project Workforce Report).

      The contactor shall keep one copy and shall submit a copy to the Township and the New Jersey Department of Labor & Workforce Development, Construction EEO Compliance Monitoring Program after notification of award, but prior to signing the contract.

      2. Form AA-202 (Monthly Project Workforce Report):

      a. The contactor shall keep one copy, submit a copy to the Township, and submit a copy to New Jersey Department of Labor & Workforce Development, Construction EEO Compliance Monitoring Program.

      b. This form shall be submitted to all parties named above once a month thereafter for the duration of the contract.

      Vendors and contractors may obtain these forms directly from the Division of Public Contracts Equal Employment Opportunity Compliance by accessing the following: www.state.nj.usreasury/contract_compliance. Contractors and vendors are responsible for sending copies of the forms to the appropriate parties.

      Proper completion and submission of these reports shall constitute evidence of the contractor’s compliance with the regulations. Failure to submit these forms may result in the contract being terminated.

    • New Jersey Anti-Discrimination Provisions
    • Please confirm that you have read and agree with the New Jersey Anti-Discrimination Provisions below. (required)

      N.J.S.A. 10:2-1 ET SEQ.

      In accordance with N.J.S.A. 10:2-1 every contract for or on behalf of the State or other political subdivision of the State, or any agency of or authority created by any of the foregoing, for the construction, alteration or repair of any public building or public work or for the acquisition of materials, equipment, supplies or services shall contain provisions by which the Consultant agrees that:

      1. In the hiring of persons for the performance of work under this contract or any subcontract hereunder, or for the procurement, manufacture, assembling or furnishing of any such materials, equipment, supplies or services to be acquired under this contract, no contractor, nor any person acting on behalf of such contractor or subcontractor, shall, by reason of race, creed, color, national origin, ancestry, marital status, gender identity or expression, affectional or sexual orientation or sex, discriminate against any person who is qualified and available to perform the work to which the employment relates;
      2. No contractor, subcontractor, nor any person on his behalf shall, in any manner, discriminate against or intimidate any employee engaged in the performance of work under this contract or any subcontract hereunder, or engaged in the procurement, manufacture, assembling or furnishing of any such materials, equipment, supplies or services to be acquired under such contract, on account of race, creed, color, national origin, ancestry, marital status, gender identity or expression, affectional or sexual orientation or sex;
      3. There may be deducted from the amount payable to the Consultant by the contracting public agency, under this contract, a penalty of $ 50.00 for each person for each calendar day during which such person is discriminated against or intimidated in violation of the provisions of the contract; and
      4. This contract may be canceled or terminated by the contracting public agency, and all money due or to become due hereunder may be forfeited, for any violation of this section of the contract occurring after notice to the contractor from the contracting public agency of any prior violation of this section of the contract.  

      By submitting a response to this solicitation, the bidder acknowledges they have read and agree to the New Jersey Anti-Discrimination Provisions.

    • Americans with Disabilities Act of 1990
    • Please confirm that you have read and agree with the Americans with Disabilities Act of 1990 below. (required)

      Equal Opportunity for Individuals with Disability

      The contractor and the Township of Wayne, (hereafter “owner”) do hereby agree that the provisions of Title 11 of the Americans With Disabilities Act of 1990 (the "Act") (42 U.S.C. S121 01 et seq.), which prohibits discrimination on the basis of disability by public entities in all services, programs, and activities provided or made available by public entities, and the rules and regulations promulgated pursuant there unto, are made a part of this contract.

      In providing any aid, benefit, or service on behalf of the owner pursuant to this contract, the contractor agrees that the performance shall be in strict compliance with the Act. In the event that the contractor, its agents, servants, employees, or subcontractors violate or are alleged to have violated the Act during the performance of this contract, the contractor shall defend the owner in any action or administrative proceeding commenced pursuant to this Act.

      The contractor shall indemnify, protect, and save harmless the owner, its agents, servants, and employees from and against any and all suits, claims, losses, demands, or damages, of whatever kind or nature arising out of or claimed to arise out of the alleged violation. The contractor shall, at its own expense, appear, defend, and pay any and all charges for legal services and any and all costs and other expenses arising from such action or administrative proceeding or incurred in connection therewith. In any and all complaints brought pursuant to the owner’s grievance procedure, the contractor agrees to abide by any decision of the owner which is rendered pursuant to said grievance procedure. If any action or administrative proceeding results in an award of damages against the owner, or if the owner incurs any expense to cure a violation of the ADA which has been brought pursuant to its grievance procedure, the contractor shall satisfy and discharge the same at its own expense.

      The owner shall, as soon as practicable after a claim has been made against it, give written notice thereof to the contractor along with full and complete particulars of the claim, If any action or administrative proceeding is brought against the owner or any of its agents, servants, and employees, the owner shall expeditiously forward or have forwarded to the contractor every demand, complaint, notice, summons, pleading, or other process received by the owner or its representatives.

      It is expressly agreed and understood that any approval by the owner of the services provided by the contractor pursuant to this contract will not relieve the contractor of the obligation to comply with the Act and to defend, indemnify, protect, and save harmless the owner pursuant to this paragraph.

      It is further agreed and understood that the owner assumes no obligation to indemnify or save harmless the contractor, its agents, servants, employees and subcontractors for any claim which may arise out of their performance of this Agreement. Furthermore, the contractor expressly understands and agrees that the provisions of this indemnification clause shall in no way limit the contractor’s obligations assumed in this Agreement, nor shall they be construed to relieve the contractor from any liability, nor preclude the owner from taking any other actions available to it under any other provisions of the Agreement or otherwise at law.

      By submitting a response to this solicitation, the bidder acknowledges they have read and agree with the Americans with Disabilities Act of 1990 .

    • Prevailing Wage Compliance Declaration
    • Please confirm that you have read and agree with the Americans with the Prevailing Wage Compliance Declaration below. (required)

      The contractor hereby agrees to comply in all respect with the New Jersey Prevailing Wage Act, N.J.S.A. 34:11-56.25 et seq. (Chapter 150, P.L. 1963) as amended. A copy of the prevailing wage rates pertaining to the work and issued by the New Jersey Department of Labor and Workforce Development entitled, “Prevailing Wage Rate Determination,” is on file in the Engineer’s office or may be obtained from the New Jersey Department of Labor and Workforce Development website at http://lwd.dol.state.nj.us/labor/wagehour/wagerate/prevailing_wage_determinations.html. Pursuant to this Act, workers shall be paid not less than the prevailing wage rate.

      In the event it is found that any worker employed by the contractor or any subcontractor covered by the contract herein has been paid a rate of wages less than the prevailing rate required to be paid by such contract, the Township may terminate the contractor’s or subcontractor’s right to proceed with the work or such part of the work as to which there has been a failure to pay required wages and to prosecute the work to completion or otherwise. The contractor and his sureties shall be liable to the Township for any excess costs occasioned thereby.

      Before final payment is made by or on behalf of the Township of any sum or sums due to the work, the contractor or subcontractor shall file with the Township, written statements in form satisfactory to the Commissioner of Labor and Workforce Development certifying to the amounts then due and owing from such contractor or subcontractor filing such statement to any and all workmen for wages due on account of the work, setting forth therein the names of the persons whose wages are unpaid and the amount due to each respectively which statement shall be certified by the oath of the contractor or subcontractor as the case may be in accordance with the New Jersey Prevailing Wage Act.

      The Township shall ascertain from the New Jersey Department of Labor and Workforce Development, Division of Wage and Hour Compliance, Public Contracts Section the prevailing wage rate for each craft or trade needed to perform the contract and shall specify in the contract itself what the prevailing wage rate in the Township is for each craft or trade or classification of all workers needed to perform the contract during the anticipated term thereof. Nothing in this Act however shall prohibit the payment of more than the prevailing wage rate to any worker employed on a public work.

      By submitting a response to this solicitation, the bidder acknowledges they have read and agree with the Prevailing Wage Compliance Declaration.

    • Acknowledgment of Principal
    • Upload your completed Acknowledgment of Principal document here. (required)

      Please download the below documents, complete and have notarized. An online notarization option will be provided for you when responding.

    • Bid Deposit & Consent of Surety
    • Bid Deposit & Consent of Surety (required)

      I certify that I shall submit my bid deposit and Consent of Surety as outlined below.

      Per N.J.S.A. 5:34-5.3, bidder may submit a bid bond and/or surety company certificate in a format where the bond or certificate can be verified electronically through a verification code issued by the surety agency. Bidder shall upload a copy of Bid Deposit and Consent of Surety documents and provide the associated Verification Code provided by the surety agency, if applicable. When requested by the Township, the selected vendor must also submit the Bid Deposit and Consent of Surety in original hard paperwork in the form of a Bid Bond, Certified Check, or Cashier’s Check document addressed to the Purchasing Department, Township of Wayne, 475 Valley Road, Wayne, NJ 07470, after the Bid Due Date as stated in the Introduction section. 

    • Bid Deposit & Consent of Surety (required)

      Please upload a copy of your Bid Deposit and Consent of Surety documents.

    • Verification Code

      Please enter in the verification code provided by the surety agency related to your Bid Deposit & Consent of Surety submission.

    • Non-Collusion Affidavit
    • Please upload your completed Non-Collusion Affidavit here. (required)

      Please see attached Non-Collusion Affidavit document, complete and have notarized. An online notarization option will be provided for you when responding.

    • Statement of Ownership Disclosure - Goods/Services Contracts

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

      N.J.S.A. 52:32-44.1 (P.L. 2019, c.406)

      This certification shall be completed, certified to, and submitted to the contracting unit prior to contract award, except for emergency contracts where submission is required prior to payment.

      Failure to submit the required information is cause for automatic rejection of the bid or proposal.

    • PART I: VENDOR INFORMATION (required)

      Please provide the below information.

      Individual or OrganizationName

      Address of Individual or Organization

      DUNS Code (if applicable)

      CAGE Code (if applicable)

    • PART I – VENDOR INFORMATION CONT. (required)

      Check the box that represents the type of business organization:

    • PART II - Stockholders in the Corporation Owning Greater than 10% of it's stock (required)
    • PART II - Stockholders in the Corporation Owning Greater than 10% of it's stock CONT. (required)

      If there are any 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 please provide the follwing information for each:

      Name of Individual or Business Entity

      Home Address (for Individuals) or Business Address

      If you intend on Skipping Part II please respond with N/A.

    • PART III DISCLOSURE OF 10% OR GREATER OWNERSHIP IN THE STOCKHOLDERS, PARTNERS OR LLC MEMBERS LISTED IN PART II (required)

      If a bidder has a direct or indirect parent entity which is publicly traded, and any person holds a 10 percent or greater beneficial interest in the publicly traded parent entity as of the last annual federal Security and Exchange Commission (SEC) or foreign equivalent filing, ownership disclosure can be met by providing links to the website(s) containing the last annual filing(s) with the federal Securities and Exchange Commission (or foreign equivalent) that contain the name and address of each person holding a 10% or greater beneficial interest in the publicly traded parent entity, along with the relevant page numbers of the filing(s) that contain the information on each such person.

      Please provide:

      Website (URL) containing the last annual SEC (or foreign equivalent) filing

      Page #’s

      If you intend on Skipping Part III please respond with N/A.

    • PART III DISCLOSURE OF 10% OR GREATER OWNERSHIP IN THE STOCKHOLDERS, PARTNERS OR LLC MEMBERS LISTED IN PART II (required)

      Please list the names and addresses of each stockholder, partner or member owning a 10 percent or greater interest in any corresponding corporation, partnership and/or limited liability company (LLC) listed in Part II other than for any publicly traded parent entities referenced above. 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 pursuant to N.J.S.A. 52:25-24.2 has been listed.

      Please provide:

      Stockholder/Partner/Member and Corresponding Entity Listed in Part II

      Home Address (for Individuals) or Business Address

      If you intend on Skipping Part III please respond with N/A.

    • PART IV CERTIFICATION (required)

      I, being duly sworn upon my oath, hereby represent that the foregoing information and any attachments thereto to the best of my knowledge are true and complete. I acknowledge: that I am authorized to execute this certification on behalf of the bidder/proposer; that the Township of Wayne is relying on the information contained herein and that I am under a continuing obligation from the date of this certification through the completion of any contracts with Township to notify the Township in writing of any changes to the information contained herein; that I am aware that it is a criminal offense to make a false statement or misrepresentation in this certification, and if I do so, I am subject to criminal prosecution under the law and that it will constitute a material breach of my agreement(s) with the, permitting the Township to declare any contract(s) resulting from this certification void and unenforceable.

      Please enter Name, Title and Date to certify.

    • Statement of Ownership Disclosure & Federal Non-Debarment Certification - Construction/Public Works Contracts

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

      N.J.S.A. 52:32-44.1 (P.L. 2019, c.406)

      This certification shall be completed, certified to, and submitted to the contracting unit prior to contract award, except for emergency contracts where submission is required prior to payment.

      Failure to submit the required information is cause for automatic rejection of the bid or proposal.

    • PART I: VENDOR INFORMATION (required)

      Please provide the below information.

      Individual or OrganizationName

      Address of Individual or Organization

      DUNS Code (if applicable)

      CAGE Code (if applicable)

    • PART I – VENDOR INFORMATION CONT. (required)

      Check the box that represents the type of business organization:

       

    • PART II – CERTIFICATION OF NON-DEBARMENT: Individual or Organization (required)

      I hereby certify that the individual or organization listed above in Part I is not debarred by the federal government from contracting with a federal agency. I further acknowledge: that I am authorized to execute this certification on behalf of the above-named organization; that the Township of Wayne is relying on the information contained herein and that I am under a continuing obligation from the date of this certification through the date of contract award by Township of Wayne to notify the Township of Wayne in writing of any changes to the information contained herein; that I am aware that it is a criminal offense to make a false statement or misrepresentation in this certification, and if I do so, I am subject to criminal prosecution under the law and that it will constitute a material breach of my agreement(s) with the Township of Wayne, permitting the Township of Wayne to declare any contract(s) resulting from this certification void and unenforceable.

       

      Please enter Name, Title and Date to certify.

    • PART III - Section A (Check the Box that applies) (required)
    • PART III - Section A CONT. (required)

      Below is the name and address of the stockholder in the corporation who owns more than 50 percent of its voting stock, or of the partner in the partnership who owns more than 50 percent interest therein, or of the member of the limited liability company owning more than 50 percent interest therein, as the case may be.

      Please provide:

      Name of Individual or Organization

      Home Address (for Individual) or Business Address

      If you intend on Skipping Part III please respond with N/A.

    • PART III - Section B (Skip if no Business entity is listed in Section A above) (required)
    • PART III - Section B (Skip if no Business entity is listed in Section A above) CONT. (required)

      If there are stockholder(s) in the corporation who own more than 50 percent of its voting stock, or of the partner in the partnership who owns more than 50 percent interest, provide the below information.

      Please provide:

      Name of Individual or Organization

      Home Address (for Individual) or Business Address

      If you intend on Skipping Part III please respond with N/A.

    • Part III - Section C - Certification (required)

      I hereby certify that no individual or organization that is debarred by the federal government from contracting with a federal agency owns greater than 50 percent of the Organization listed above in Part I or, if applicable, owns greater than 50 percent of a parent entity of Organization listed above in Part I. I further acknowledge: that I am authorized to execute this certification on behalf of the above-named organization; that the Township of Wayne is relying on the information contained herein and that I am under a continuing obligation from the date of this certification through the date of contract award Township of Wayne to notify the Township of Wayne in writing of any changes to the information contained herein; that I am aware that it is a criminal offense to make a false statement or misrepresentation in this certification, and if I do so, I am subject to criminal prosecution under the law and that it will constitute a material breach of my agreement(s) with the Township of Wayne, permitting the Township of Wayne to declare any contract(s) resulting from this certification void and unenforceable.

      Please enter Name, Title and Date to certify.

      If you intend on Skipping Part III please respond with N/A.

    • Part IV - Section A (Check the Box that applies) (required)
    • Part IV - Section A CONT. (required)

      If there are Organizations in the corporation who own more than 50 percent of voting stock, or of the partnership(s) in which the Organization listed in Part I owns more than 50 percent interest therein, or of the limited liability company or companies in which the Organization listed above in Part I owns more than 50 percent interest therein, as the case may be.

      Please provide:

      Name of Business Entity

      Business Address

      If you intend on Skipping Part IV please respond with N/A.

    • Part IV - Section B (skip if no business entities are listed in Section A of Part IV) (required)
    • Part IV - Section B (skip if no business entities are listed in Section A of Part IV) (required)

      If there are any entities in which an entity listed in Part III A owns greater than 50 percent of the voting stock (corporation) or owns greater than 50 percent interest (partnership or limited liability company).

      Please provide:

      Name of Business Entity Controlled by Entity Listed in Section A of Part IV

      Business Address

      If you intend on Skipping Part IV please respond with N/A.

    • Section C – Part IV Certification (required)

      I hereby certify that the Organization listed above in Part I does not own greater than 50 percent of any entity that that is debarred by the federal government from contracting with a federal agency and, if applicable, does not own greater than 50 percent of any entity that in turns owns greater than 50 percent of any entity debarred by the federal government from contracting with a federal agency. I further acknowledge: that I am authorized to execute this certification on behalf of the above-named organization; that the Township of Wayne is relying on the information contained herein and that I am under a continuing obligation from the date of this certification through the date of contract award by Township of Wayne to notify the Township of Wayne in writing of any changes to the information contained herein; that I am aware that it is a criminal offense to make a false statement or misrepresentation in this certification, and if I do so, I am subject to criminal prosecution under the law and that it will constitute a material breach of my agreement(s) with the Township of Wayne, permitting the Township of Wayne to declare any contract(s) resulting from this certification void and unenforceable.

      Please enter Name, Title and Date to certify.

      If you intend on Skipping Part IV please respond with N/A.

    • Certification of Non‐Involvement in Prohibited Activities in Russia or Belarus
    • Certification of Non‐Involvement in Prohibited Activities in Russia or Belarus - Part 1 (required)

      Pursuant to N.J.S.A. 52:32-60.1, et seq. and N.J.S.A.40A:11-2.2 (L. 2022, c. 3) any person or entity (hereinafter “Vendor”) that seeks to enter into or renew a contract with a local contracting unit subject to the Local Public Contracts Law for the provision of goods or services, or the purchase of bonds or other obligations, must complete the certification below indicating whether or not the Vendor is identified on the Office of Foreign Assets Control (OFAC) Specially Designated Nationals and Blocked Persons list, available here: https://sanctionssearch.ofac.treas.gov/. If the Department of the Treasury finds that a Vendor has made a certification in violation of the law, it shall take any action as may be appropriate and provided by law, rule or contract, including but not limited to, imposing sanctions, seeking compliance, recovering damages, declaring the party in default and seeking debarment or suspension of the party. 

      Before a goods and services contract can be entered into, vendors and contractors must certify that neither they nor any parent entity, subsidiary, or affiliate is listed on the New Jersey Department of the Treasury’s list of entities determined to be engaged in prohibited activities in Russia or Belarus pursuant to P.L. 2022, c. 3 (“Russia-Belarus list”) or in Iran pursuant to P.L. 2012, c. 25 ("Chapter 25 list").

      I certify that I have read the definition of “Vendor” below, and have reviewed the Office of Foreign Assets Control (OFAC) Specially Designated Nationals and Blocked Persons list, and having done so certify (Check the Appropriate Box) A. That the Vendor is not identified on the OFAC Specially Designated Nationals and Blocked Persons list on account of activity related to Russia and/or Belarus. OR B. That I am unable to certify as to “A” above, because the Vendor is identified on the OFAC Specially Designated Nationals and Blocked Persons list on account of activity related to Russia and/or Belarus. OR C. That I am unable to certify as to “A” above, because the Vendor is identified on the OFAC Specially Designated Nationals and Blocked Persons list. However, the Vendor is engaged in activity related to Russia and/or Belarus consistent with federal law, regulation, license or exemption. A detailed description of how the Vendor’s activity related to Russia and/or Belarus is consistent with federal law is set forth below. 

      PLEASE SELECT THE APPROPRIATE STATEMENT:

    • Certification of Non‐Involvement in Prohibited Activities in Russia or Belarus - Part 2

      If the Vendor checked Box C, the Vendor shall provide a detailed description of how the Vendor’s activity related to Russia and/or Belarus is consistent with federal law is set forth below.

      Vendor must provide a detailed, accurate, and precise description of the activities of the person or entity, or of a parent entity, subsidiary, or affiliate, engaging in prohibited activities in Russia or Belarus and/or investment activities in Iran in the space below by submitting the following information:

      Relationship to Bidder/Offeror

      Description of Activities

      Duration of Engagement

      Anticipated Cessation Date

      Bidder/Offeror Contact Name

      Contract Phone Number

      ADDITIONAL ACTIVITIES - If there are additional activities that require disclosure, please provide the description following the same format as above.

    • Disclosure of Investment Activities in Iran
    • Disclosure of Investment Activities in Iran - Part 1 (required)

      Pursuant to N.J.S.A. 52:32-57, et seq. (P.L. 2012, c.25 and P.L. 2021, c.4) any person or entity that submits a bid or proposal or otherwise proposes to enter into or renew a contract must certify that neither the person nor entity, nor any of its parents, subsidiaries, or affiliates, is identified on the New Jersey Department of the Treasury’s Chapter 25 List as a person or entity engaged in investment activities in Iran. The Chapter 25 list is found on the Division’s website at https://www.state.nj.us/treasury/purchase/pdf/Chapter25List.pdf. Vendors/Bidders must review this list prior to completing the below certification. If the Director of the Division of Purchase and Property finds a person or entity to be in violation of the law, s/he shall take action as may be appropriate and provided by law, rule or contract, including but not limited to, imposing sanctions, seeking compliance, recovering damages, declaring the party in default and seeking debarment or suspension of the party.

    • Disclosure of Investment Activities in Iran - Part 2

      If applicable, please list the names and addresses of each Entity Engaged in Investment Activities Relationship to Vendor/ Bidder Description of Activities and Duration of Engagement Anticipated Cessation Date.

    • Disclosure of Investment Activities in Iran - Part 3 (required)

      I, the undersigned, certify that I am authorized to execute this certification on behalf of the Vendor, that the foregoing information and any attachments hereto, to the best of my knowledge are true and complete. I acknowledge that the State of New Jersey is relying on the information contained herein, and that the Vendor is under a continuing obligation from the date of this certification through the completion of any contract(s) with the State to notify the State in writing of any changes to the information contained herein; that I am aware that it is a criminal offense to make a false statement or misrepresentation in this certification. If I do so, I may be subject to criminal prosecution under the law, and it will constitute a material breach of my contract(s) with the State, permitting the State to declare any contract(s) resulting from this certification void and unenforceable.

      Please enter Name, Title and Date to certify.

    • Plan and Equipment Questionnaire
    • In what manner have you inspected the proposed work? Explain in detail. (required)
    • Explain your plan or layout for performing the proposed work. (required)
    • The work, if awarded to you, will have the personal supervision of whom? (required)

      Please include: Full Name, E-mail, and Phone Number

    • Do you intend to do the grading on the proposed work with your own forces? (required)

      If so, give type of equipment to be used.

    • Do you intend to sublet any portions of the work? (required)
    • If you answered yes, state amount of sub-contract, and, if known, the name and address of the sub contractor, amount and type of his equipment and financial responsibility.
    • Status of Contracts on Hand (required)

      Give full information about your contracts, (ie. private or government contracts? prime or sub contracts? in progress or awarded and not begun. or are you the low bidder pending formal award of contract?) Information should include, but not be limited to, contract owner, location description, adjusted contract amount, amount complete and billed, additional earned since last estimate, balance to be completed, and estimated date of completion.)

    • What equipment do you own that is available for and intended to be used for this work? (required)

      Including, but not limited to equipment quantities, descriptions (size capacity, etc.), equipment condition, equipment years of service, equipment’s present location.

    • If applicable, what equipment do you intend to purchase or lease for use on the proposed work, should the contract be awarded to you?

      Equipment quantities, descriptions (size capacity, etc.)

    • Have you made contracts or received firm offers for all materials within prices used in preparing your proposal? (required)

      Do not give name of dealers or manufacturers.

    • Please Confirm (required)

      Please confirm that the answers to the foregoing questions and all statements herein contained are true and correct. The equipment listed on Item 7 herein are owned by the bidder and are available for and intended to be used on the project. If the bidder is awarded the contract, the additional items of equipment stated in Item 8 shall be purchased or leased for the project and certificates shall be furnished to the owners of leased equipment to the effect that in case of default of contract, the Township of Wayne has the right to take over the leased equipment for its use in completing the work.

    • Subcontractors Identification Form
    • Confirmation of Subcontractors (required)

      N.J.S.A. 40A:11-16 provides that bidders on projects concerning the construction, alteration or repair of any public building projects must provide “the name or names of all subcontractors to whom the bidder will subcontract for [the following] categories:” the furnishing of plumbing and gas fitting, and all kindred work, and of the steam and hot water heating and ventilating and refrigeration apparatus, steam power plants and kindred work, and electrical work, including any electrical power plants, tele-data, fire alarm or security system, structural steel and ornamental iron work.” This requirement applies to any project for the erection, alteration or repair of a public building. A New Jersey Business Registration Certificate and a Public Works Contractor Registration Certificate for each subcontractor listed must be submitted prior to the award of the contract.

    • The Plumbing and Gas fitting and all Kindred Work (required)

      For each subcontractor, please provide the name, address, and nature of workto be completed by subcontractor. If a subcontractor will not be used on this project, please type N/A.

    • Steam Power Plants, Steam and Hot Water Heating and Ventilating and Refrigeration Apparatus and all Kindred Work (required)

      For each subcontractor, please provide the name, address, and nature of workto be completed by subcontractor. If a subcontractor will not be used on this project, please type N/A.

    • Electrical Work, including any Electrical Power Plants, Tele-Data, Fire Alarm, or Security System (required)

      For each subcontractor, please provide the name, address, and nature of workto be completed by subcontractor. If a subcontractor will not be used on this project, please type N/A.

    • Structural Steel and Ornamental Iron Work (required)

      For each subcontractor, please provide the name, address, and nature of workto be completed by subcontractor. If a subcontractor will not be used on this project, please type N/A.

    • Subcontractor New Jersey Business Registration Certificate

      Please upload the New Jersey Business Registration Certificate for each subcontractor here.

      Please Note: PER VII. STATUTORY AND OTHER REQUIREMENTS B. PROOF OF BUSINESS REGISTRATION AND C. THE PUBLIC WORKS CONTRACTOR REGISTRATION ACT. NOT REQUIRED TO BE SUBMITTED WITH BID, BUT WILL BE REQUIRED PRIOR TO CONTRACT AWARD.

    • Subcontractor Public Works Contractor Registration Certificate

      Please upload the Public Works Contractor Registration Certificate for each subcontractor here.

      Please Note: PER VII. STATUTORY AND OTHER REQUIREMENTS B. PROOF OF BUSINESS REGISTRATION AND C. THE PUBLIC WORKS CONTRACTOR REGISTRATION ACT. NOT REQUIRED TO BE SUBMITTED WITH BID, BUT WILL BE REQUIRED PRIOR TO CONTRACT AWARD.

    • Insurance Requirements
    • Insurance Requirements (required)

      Please confirm that you have read and are able to comply with required insurance documents.

    • Exceptions
    • Exceptions

      Please upload your exceptions request if applicable.

    • Bidder's Checklist
    • Bidder's Checklist (required)

      The Township of Wayne has requirements regarding the submission of required forms for this solicitation. The vendor, by submission of this solicitation, confirms that they have read, completed, signed and notarized each document as required below.

      Documents that are required to be read:

      • Legal Notice to Bidders
      • Mandatory Equal Employment Opportunity Language - Questionnaire
      • New Jersey Anti-Discrimination Provisions - Questionnaire
      • Americans with Disabilities Act of 1990 - Questionnaire
      • Technical Specifications, if applicable
      • Drawings, if applicable

      Documents that are required to be completed:

      • Bidder Information - Questionnaire
      • Bid Bond Form - Attachments
      • Consent of Surety Form - Attachments

      Documents that are required to be completed and signed:

      • Affirmative Action Compliance Notice - Questionnaire
      • Statement of Ownership Disclosure - Questionnaire
      • Prevailing Wage Compliance Declaration - Questionnaire
      • Subcontractors Identification Form - Questionnaire
      • Disclosure of Investment Activities in Iran - Questionnaire
      • Addenda Acknowledgement Form - Questionnaire
      • Bid Proposal Form - to be completed in OpenGov Procurement

      Documents that are required to be completed, signed and notarized:

      • Non-Collusion Affidavit - Attachment
      • Acknowledgement of Principal - Attachment

      Documents that are to be submitted prior to contract award:

      • Business Registration Certificate - Questionnaire
      • Public Works Contractor Registration Certificate - Questionnaire
      • Subcontractor(s) Business Registration Certificate(s) - Questionnaire
      • Subcontractor(s) Public Works Contractor Registration Certificate(s) - Questionnaire

      Documents that are to be submitted with a copy of the executed contract IF APPLICABLE:

      • Performance, and Labor and Material Payment Bond - Questionnaire

      Documents that are to be submitted with the final payment voucher IF APPLICABLE:

      • Two-Year Maintenance Bond - Questionnaire
    • Bidder's Checklist (required)

      The Township of Wayne has requirements regarding the submission of required forms for this solicitation. The vendor, by submission of this solicitation, confirms that they have read, completed, signed and notarized each document as required below.

      Documents that are required to be read:

      • Legal Notice to Bidders
      • Mandatory Equal Employment Opportunity Language - Questionnaire
      • New Jersey Anti-Discrimination Provisions - Questionnaire
      • Americans with Disabilities Act of 1990 - Questionnaire
      • Technical Specifications, if applicable
      • Drawings, if applicable

      Documents that are required to be completed:

      • Bidder Information - Questionnaire

      Documents that are required to be completed and signed:

      • Affirmative Action Compliance Notice - Questionnaire
      • Statement of Ownership Disclosure - Questionnaire
      • Disclosure of Investment Activities in Iran - Questionnaire
      • Addenda Acknowledgement Form - Questionnaire
      • Bid Proposal Form - to be completed in OpenGov Procurement

      Documents that are required to be completed, signed and notarized:

      • Non-Collusion Affidavit - Attachment
      • Acknowledgement of Principal - Attachment

      Documents that are to be submitted prior to contract award:

      • Business Registration Certificate - Questionnaire

       

    • Release Advertisement (required)

      Which newspaper will you be using to advertise the release of this project?

    • Pre-Bid Meeting (required)

      Will this project have a pre-bid meeting?

    • Bid Security (required)

      Is there a bid security requirement for this solicitation?

    • Bid Security & Bonding Requirements (required)

      What type(s) of bid security or bonding requirements pertain to this project?

    • Contract Commencement (required)

      Please provide how many days for the contract start date following the contract award, using the following format:

      21 days

    • Initial Duration of Contract (required)

      Please provide the initial duration of the contract, using the following format:

      one year

    • Contract Extensions (required)

      Will this contract have possible extensions?

    • Number of Contract Extensions (required)

      Please provide the number of contract extensions available for this contract, using the following format:

      two additional one year periods

      If there are no extensions for this project, please type N/A.

    • Type of Project (required)

      What type of project will this be?

    • Question Deadline (required)

      Will you be requiring questions be submitted by a specific date and time for this project?

    Key dates

    1. April 10, 2026Published
    2. April 28, 2026Responses Due

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    Frequently asked questions

    SLED stands for State, Local, and Education. These are solicitations issued by state governments, counties, cities, school districts, utilities, and higher education institutions — as opposed to federal agencies.

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