wayne Drainage_Pipe.pdf

INVITATION TO BID

DRAINAGE PIPE

Wayne Township

475 Valley Road

Wayne, NJ 07470

RELEASE DATE: July 31, 2026

DEADLINE FOR QUESTIONS: undefined

RESPONSE DEADLINE: August 14, 2026, 11:00 am

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://secure.procurenow.com/portal/waynetownship

Wayne Township

INVITATION TO BID

Drainage Pipe

I. Legal Notice II. Introduction

III. Instructions to Bidders and Statutory Requirements IV. Technical Specifications V. Vendor Questionnaire

VI. Pricing Proposal

Attachments:

A - Acknowledgement of Principal

E - Non-Collusion Affidavit

Invitation to Bid #2426 Title: Drainage Pipe

1. Legal Notice

1.1. 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, Friday, August 14, 2026, and then publicly opened and read aloud via Zoom Webinar for 2426, “Drainage Pipe.” 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, July 31, 2026 at 9:00 am.

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

A. 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.

B. 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.

C. 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

2. Introduction

2.1. Summary

It is the intent of these specifications to outline the Township of Wayne's requirements for the furnishing of open-ended contracts for Drainage Pipe necessary for repairs of the Township's water system equipment.

2.2. Contact Information

Nicole Lee

Specifications Writer

475 Valley Road

Wayne, NJ 07470

Email: leen@waynetownship.com

Phone: (973) 694-1800 Ext: 3279

Department:

Purchasing Division

2.3. Timeline

Advertisement Date July 31, 2026

Bid Due Date August 14, 2026, 11:00am

3. Instructions to Bidders and Statutory Requirements

3.1. Submission of Bids

A. 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.

B. 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.

C. 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.

3.2. 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.

3.3. 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.

3.4. 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.

3.5. Pricing

A. 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.

B. 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.

3.6. Truth in Contracting

A. 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.

3.7. 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/

3.8. 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.

3.9. Causes for Rejecting Bids

Bids may be rejected for any of the following reasons:

A. 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.”

B. If more than one bid is received from an individual, firm or partnership, corporation, or association under the same name;

C. Multiple bids from an agent representing competing bidders;

D. The bid is inappropriately unbalanced;

E. The bidder is determined to possess, pursuant to N.J.S.A. 40A:11-4b, Prior Negative Experience;

or, F. 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.

3.10. 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.

3.11. 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 Wayne Township

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.

3.12. 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.

3.13. 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.

3.14. 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.

3.15. 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.

3.16. 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.

3.17. 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.

3.18. 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.

3.19. 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.

3.20. 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.

3.21. Non-Collusion Affidavit

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

3.22. 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.

3.23. 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.

3.24. 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.

3.25. 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/

3.26. 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.

3.27. 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

3.28. 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.

3.29. 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.

3.30. No Oral Modifications

The contract may not be modified or changed orally.

3.31. 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.

3.32. 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 two years .

The Township of Wayne may extend this contract up to two additional one year periods 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.

3.33. 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.

3.34. 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.

3.35. 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.

3.36. 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.

3.37. 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.

3.38. 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…