FY2026 NJ Water Bank No. S340810-08 Arctic Ave Storm Sewer Replacement

NOTICE TO BIDDERS
FY2026 NJ Water Bank No. $340810-08 Arctic Avenue Storm Sewer Replacement
(Lincoln Boulevard to Holmes Avenue)

Notice is hereby given that sealed proposals will be received by the Robert Osborn, Township
of Lower Purchasing Agent, Cape May County, New Jersey for the FY2026 New Jersey Water
Bank No. $340810-68 Arctic Avenue Storm Sewer Replacement (Lincoln Boulevard to Holmes
Avenue) opened and read in public at the Township of Lower Municipal Building, 2600
Bayshore Road, Villas, Cape May County, New Jersey on May 27, 2026 at 10:00 AM prevailing
time for:

FY2026 WJ Water Bank No, $340810-08 Arctic Avenue Storm Sewer Replacement
(Lincoln Boulevard to Holmes Avenue)

The work generally consists of the removal and replacement of 2,185 linear feet of storm sewer
main, 6 storm sewer manhole structures, 6 storm sewer Inlet structures, and roadway
reconstruction within the project limits.

One (1) original and two (2) coples of the bid submission are required.

This contract or subcontract is expected to be funded In part with funds from the New Jersey
Deparirnent of Environmental Protection and the New Jersey Infrastructure Bank. Neither the
State of New Jersey, the New Jersey Infrastructure Bank nor any of their departments, agencies
or employees is, or will be, a party to this contract or subcontract or any lower tier contract or
subcontract. This contract or subcontract is subject to the provisions of N.J.A.C, 7:22-3, 4,5, 9 and
10.

N.J.A.C, 7:22-9.1 (a) This subchapter establishes procedures for providing opportunities for
socially and economically disadvantaged ("SED") contractors and vendors to supply materlals
and services under State financed construction contracts for environmental infrastructure
facilities. To Implement the policies established in NJ.S.A. 58:11B-26, 40:11A-41 et seq., and
52:32-17 et seq., this subchapter applies to environmental infrastructure projects receiving
financial assistance from the Department and the Trust pursuant to NJ.A.C. 7:22-3, 4 and 6 and
7:22A-6 and 7. Under the provisions of N.J.A.C. 7:22-3, 4 and 6 and 7:22A-6 and 7, the
Deparitnent and the Trust require recipients of Trust and Fund loans and other assistance to
establish such programs for socially and economically disadvantaged small business concerns,
to designate a project compliance officer, and to submit to the Department and Trust
procurement plans for implementing the SED program.

The project or contract is funded in part by New Jersey wastewater treatment financing
programs and the successful bidder must comply with all the provisions of N.J.A.C. 7:22-9.1 et
seq. for the participation of small business enterprises owned and controlled by socially and
economically disadvantaged individuals.

NTB-4

N.JA.C. 7:22-9,1 (a) - NJAC. 7:22-3,17(a)24, 4.17(a)24, 6.17(a)24 and 7:22A-2.4(a) provide
that a goal of not fess than 10 percent be established for the award of contracts to small
business concerns owned and controlled by one or more socially and economically
disadvantaged individuals. The goal of 10 percent applies to the total amount of all contracts
for building, materials and equipment, or services (including planning, design and building
related activities for a construction project. The project sponsor has identified that the SED
utilization goal for this project Is 10%.

N.J.A.C. 7:22-9.3(b) - The 10 percent SED utilization requirement shall be accomplished by the
following:

1. Bids shall be solicited on an unrestricted basis. The bid documents, however, shall
include a statement to the effect that the successful bidder must fulfill the SED utilization
requirements by subcontracting portions or the work to SEDs; or

2. Contractors also have the option of establishing unrestricted bidding procedures to fulfill
the 40 percent SED utilization requirements for the project.

N.JA.C. 7:22-9.6 (a): All project sponsors, at least 10 days prior to public advertisement for
bids, shall notify the NJDEP Office of Equal Opportunity and Public Contract Assistance via
H2Loans, of the availability of opportunities for SEDs to provide services, to bid on unrestricted
contracts or subcontracts, or to provide any other necessary purchase or procurement.

NIAC. 9.7 (b): Awards will be made only to socially and economically disadvantaged
busine: ncerns that are certified by the New Jersey Commerce, Economic Growth and
Tourism Commission, the New Jersey Department of Transportation, the Port Authority of New
York and New Jersey, New Jersey Transit or other agencies deemed appropriate by the Office as
eligible minority businesses or female businesses. The Invitation to bid is on an unrestricted
basis whereby the successful bidder must fulfill the SED utilization requirements.

N.LA.C, 7:22-9.7: In no case shall the advertisement for bids be published less than 30 days
prior to the date fixed for receiving bids on the purchase or contract.

N.J.A.C, 7:22-9.10 Lowest bid resulting in payment of unreasonable price:

(a) If the contracting agency determines that the acceptance of the lowest responsible bid
will result either in the payment of an unreasonable price or in a contract otherwise
unacceptable pursuant to the statutes and rules governing public contracts, the contracting
agency shall raject all bids.

(b) Bidders and the office shall be notified of the rejection of all bids, the reasons for the
rejection, and the contracting agency's intent to solicit bids for a second time.

{c) If the contracting agency determines a second time that the acceptance of the lowest
responsible bid will result either in the payment of an unreasonable price or in a contract
otherwise unacceptable pursuant to the statutes and rules governing public contracts, the
contrerting agency shall reject all bids and notify the NJDEP Office of Equal Opportunity and
Public Contract Assistance and, after receipt of the NJDEP Office of Equal Opportunity and
Public Contract Assistance's approval, shall amend the project plan accordingly.

NTB-2

(d} Bidders shall be notified of the cancellation, the reasons for the cancellation and the
contracting agency's intent to resolicit bids on an unrestricted basis. SEDs may participate in the
bidding on an unrestricted basis.

A person bidding on a contract for the erection, alteration or repair of a public bullding,
structure, facility or other improvement to real property, the total price of which exceeds
$100,000, shall furnish a guaratitee as provided for herein. A contracting unit may provide that
a persun bidding on any other contract, advertised In accordance with law, shall furnish a
guarantee as provided for herein, The guarantee shall be payable to the contracting unit so that
if the corrtract is awarded to the bidder, the bidder will enter into a contract therefor and will
furnish any performance bond or other security required as a guarantee or indemnification. The
guaraniee shall be in the amount of 10% of the bid, but not in excess of $20,000.00, except as
otherwise provided herein, and may be given, at the option of the bidder, by certified check,
cashier's check or bid bond. In the event that any law or regulation of the United States
imposes any condition upon the awarding of a monetary grant to any contracting unlit, which
condition requires the depositing of a guarantee in an amount other than 10% of the bid or in
excess of $20,000.00 the provisions of this section shall not apply and the requirements of the
law ob regulation of the United States shall govern.

All applicable surety bonds required in connection with the advertisement and award of
building contracts or subagreements must be written by a surety company listed on the Federal
Treasury List (Department Circular 570-Surety Companies Acceptable on Federal Bonds),
incorporated herein by reference. Copies of this document may be obtained from the
Department.

\e will be the responsibility of the Contractor to pay all employees, and to ensure that all
subcunivactors pay their employees, the Federal Davis-Bacon Wage Rates, the New Jersey
Prevailing Wage Rates, or the Cape May County Prevailing Wage Rates, whichever are greater,
throughout contract execution,

bid Documents and Drawings for the proposed work, which have been prepared by DeBlasio &
aie available at the office of said Engineer by 4701 New Jersey Avenue,
Wildwood, New Jersey 08260, and may be inspected by prospective bidders during business
hours.

Associaies, P.

Biddeis will ve furnished with a copy of the Bid Documents by request upon proper notice and
payment of a non-refundable charge of $75.00 payable to DeBlasio & Associates, P.C., for
reproducilon and processing.

Proposals must be made on the standard Proposal Forms in the manner designated in the Bid
Docurnents, inusi he enclosed in sealed envelopes bearing the name and address of the Bidder,
and ile name of the work on ihe outside addressed to the Purchasing Agent, Township of
bauer; anc must be accompanied by a statement of Consent of Surety from a surety company
authorized to do business in the State of New Jersey and acceptable to the Township and either
a Bid bona, Certified or Cashier's Check drawn to the order of the Township of Lower for not
less than tea percent (10%) of the amount bid, except that the check need not exceed

NTB-3

$20,000.00. The successful bidder is hereby notified that a performance bond for the full
amount of the project is required.

The successful bidder will be required to execute a contract for the performance of the said
work or the furnishing of said material or both, as the case may be, and a surety bond to be
execitied by a reliable surety company in a sum equal to the amount of the contract price for
said work and/or maierial, guaranteeing the performance of the contract, which surety bond
and coniract shall be approved as to form and execution by the Township Solicitor.

'the Townsiip of Lower has developed a SED Utilization Plan for the project, the language of
which is contained in the appendix of the General Requirements, The contractor shall be
required to comply with the requirements contained in the SED Utilization Plan.

The bidders shall also be required to comply with the following:

Affirmative Action requirements (NJ.S.A, 10:5-31 et. seq. and NJ.A.C. 17:27).
Requirernents of P.L. 1975, c.127.

The provisions of the New Jersey Prevailing Wage Act (N.J.S.A, 34:11-56.25 et. seq).
Atmericans with Disability Act of 1990, Title l (42 U.S.C. $121 01).

Worker and Community Right-to-Know Act (NuJ.S.A. 34:5A-1).

Stockholder Disclosure Certification (P.L. 1977, C.33, NJ.S.A. 52:25-24.2),
Business Registration Certification (N.J.S.A, 52:32-44).

Public Works Contractors Registration (Nu.S.A, 34:11-56.48).

Consent of Surety (NJ.S.A, 40A:11-22).

Addendum Acknowledgement (N.JS.A. 40A:11-23c, 1), 2) & 3).

K. Subcontractors List (NJ.S.A. 40A:11. 16),

rrom(TM)msog>

e

'The award of the contract for this project will not be made until the necessary funds have been
provided by the Township of Lower in a lawful manner. The Township of Lower reserves the
tight to consider the bids for sixty (60) days after the receipt of said bids. The Township of
Lower also reserves the tighi ta reject any or all bids or to waive any informalities in the best
interest of the Township of Lower.

Each proposal and bid rust be submitted in accordance with the terms of the aforesaid
specifications, must be made on standard proposal forms contained in the bid documents and
shall be uelivered to the place and hour mentioned above.

BY ORDER OF the Township of Lower, Cape May County, New Jersey,

Karen Fournier, ivtunicipal Clerk
April 24, 2026

NTB-4