INVITATION TO BID

WAYNE PUBLIC LIBRARY RENOVATIONS: PHASE 1

Wayne Township

475 Valley Road

Wayne, NJ 07470

RELEASE DATE: September 16, 2026

DEADLINE FOR QUESTIONS: undefined

RESPONSE DEADLINE: October 21, 2026, 11:00 am

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

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

Wayne Township

INVITATION TO BID

Wayne Public Library Renovations: Phase 1

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

B - BID 2427_WAYNE PUBLIC LIBRARY_RENOVATIONS

C - Bid Bond Form

D - Consent of Surety Form

E - Non-Collusion Affidavit

F - Performance-Labor-Material Payment Bond Sample

I - Two Year Maintenance Bond

Invitation to Bid #2427 Title: Wayne Public Library Renovations: Phase 1

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, Wednesday, October 21, 2026, and then publicly opened and read aloud via Zoom Webinar for 2427, “Wayne Public Library Renovations: Phase

1.” 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 Wednesday, September 16, 2026 at 9:00 am.

A pre-bid meeting will be held on Wednesday, September 23, 2026 at 1:00 pm at the Wayne Public

Library at 461 Valley Rd, Wayne, NJ 07470. 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.

Question Submission Deadline: September 30, 2026, 4:30pm

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.

A. 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.

B. 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.

C. 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.

D. 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.

E. 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

The Township of Wayne is seeking qualified contractors for the construction of the Wayne Public Library

Renovations: Phase 1 specified here.

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 September 16, 2026

Pre-Bid Meeting (Non-Mandatory) September 23, 2026, 1:00pm

Wayne Public Library at 461 Valley Rd, Wayne, NJ

07470

Question Response Deadline September 30, 2026, 4:30pm

Bid Due Date October 21, 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. 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.

3.4. 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.

3.5. 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.

3.6. 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.

3.7. 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.

3.8. 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/

3.9. 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.

3.10. 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.

3.11. 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.

3.12. 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.

3.13. 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.

3.14. 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.

3.15. 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.

3.16. 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.

3.17. 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.

3.18. 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.

3.19. 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.”

3.20. 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."

3.21. 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.

3.22. 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.

3.23. 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.

3.24. 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…