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--- Document: NOTICE TO BIDDERS ---
NOTICE TO BIDDERS
BOROUGH OF HAWTHORNE
PASSAIC COUNTY, NEW JERSEY
Sealed bids will be received by the Borough of Hawthorne, Office of the Borough Clerk, 445 Lafayette
Avenue, Hawthorne, New Jersey 07506 in the County of Passaic and State of New Jersey on December
18, 2025 at 11:00 a.m. prevailing time, and then publicly opened and read aloud for:
PHASE 4 – LEAD SERVICE LINE REPLACEMENT
BOROUGH OF HAWTHORNE
PASSAIC COUNTY, NEW JERSEY
The work to be performed under this contract includes the following: Lead and galvanized water
service line replacements throughout the Borough of Hawthorne, New Jersey.
Principal items of work in the project include:
·
Installation of 444 new water service lines throughout the Borough of Hawthorne.
The work contemplated under this Contract shall be completed within 200 calendar days.
This project is funded in part by the New Jersey Environmental Infrastructure Bank and the successful
bidder must comply with all the provision of N.J.A.C. 7:22-9.1 et. seq. for the participation of Socially and
Economically Disadvantaged Individuals (SED’s).
In accordance with N.J.A.C. 7:22-9.1 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 materials and services under State financed construction contracts for environmental
infrastructure facilities. To implement the policies established in N.J.S.A. 58:11B-26, 40:11A-41 et seq.,
and 52:32-17 et seq., this subchapter applies to environmental infrastructure projects receiving financial
assistance from the Department and the Trust pursuant to N.J.A.C. 7:22-3, 4 and 6 and 7:22A-6 and 7.
Under the provisions of N.J.A.C. 7:22-3, 4 and 6 and 7:22A-6 and 7, the Department and the Trust require
recipients of Trust and Fund loans and other assistance to establish such programs for socially and
economically disadvantaged small business concerns, to designate a project compliance officer, and to
submit to the Department and Trust procurement plans for implementing the SED program.
In accordance with the provisions of N.J.S.A. 58:11B-26, N.J.A.C. 7:22-3.17(a)24 and 4.17(a)24, the
contractor (subcontractor) shall comply with all of the provisions of N.J.A.C. 7:22-9.
N.J.A.C. 7:22-3.17(a)24, 4.17(a)24, 6.17(a)24 and 7:22A-2.4(a) provide that a goal of not less
than 10 percent be established for the award of contracts to small business concerns owned and
controlled by one or more socially and economically disadvantaged individuals. The goal of 10 percent
applies to the total amount of all contracts for building, materials and equipment, or 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%.
In accordance with 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
10 percent SED utilization requirement for the project.
All project sponsors, at least 30 days prior to public advertisement for bids, shall notify the agencies
specified in N.J.A.C. 7:22-9.13(a)8, 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.
The notice shall include a description of the type and scope of the services involved.
Awards will be made only to socially and economically disadvantaged business concerns that are
certified by the New Jersey Commerce, Economic Growth and Tourism Commission, the New Jersey
Department of Transportation, the Port Authority of New 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.
In accordance with 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
reject 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
contracting agency shall reject all bids and notify the NJDEP Office of Equal Opportunity and
Public Contract Assistance and, after receipt of the NJDEP Office of Equal Opportunity and
Public Contract Assistance’s approval, shall amend the project plan accordingly.
(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 copy of the plans, specification, and contract documents will be on file for public inspection at Boswell
Engineering, 330 Phillips Avenue, South Hackensack, New Jersey 07606, between the hours of 9:00
a.m. and 4:00 p.m. prevailing time, Monday through Friday, excluding legal holidays. A digital copy,
provided on a USB flash drive, may be obtained for a non-refundable fee of $10.00 per USB flash drive.
Printed copies of the plans, specification, and contract documents may be obtained upon request, in
accordance with Boswell’s applicable printing fees at the time of request.
Each bid must be made upon the prescribed forms, furnished with the Contract Drawings and
Specifications, including the non-collusion affidavit and ownership statement compliance form and
must be accompanied by a Consent of Surety and a certified check, cashier's check, or Bid Bond of not
less than ten (10%) percent of the amount bid and, not to exceed $20,000.00. Such checks and Bonds
shall be made payable to the Owner and will be held as a Guarantee that in the event the Bid is accepted
and a Contract awarded to the bidder, the Contract shall be duly executed and its performance properly
secured. The successful bidder shall furnish and deliver to the Owner a performance and payment bond
in the amount of 100 percent of the accepted bid amount as security for the faithful performance and
payment of the Contract. Further, the successful bidder must furnish the policies or Certificates of
Insurance required by the Contract. In default thereof, said checks and the amount represented thereby
will be forfeited to the aforesaid Owner as liquidated damages. Bids must be accompanied, in the case
of corporations not chartered in New Jersey, by proper certificate that such corporation is authorized
to do business in the State of New Jersey.
Bidders are required to comply with the requirements of N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27
regarding equal employment opportunity, as amended. All corporations and partnerships and limited
liability companies must comply with N.J.S.A. 52:25-24.2, regarding disclosure of partners and
stockholders. Each bid must be enclosed in a sealed envelope bearing the name and address of the
bidder, addressed to the Owner and labeled for the PHASE 4 – LEAD SERVICE LINE REPLACEMENT.
The successful bidder will be required to comply with all provisions of prevailing wage rates as
determined by the New Jersey Department of Labor.
This contract or subcontract is expected to be funded in part with funds from the New Jersey
Department of Environmental Protection and the New Jersey Environmental Infrastructure Trust.
Neither the State of New Jersey, the New Jersey Environmental Infrastructure Trust 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.
Unless otherwise permitted by N.J.S.A. 40A:11-23.3, all bids shall be irrevocable, not subject to
withdrawal and shall stand available for a period of sixty (60) days in accordance with N.J.S.A. 40A:11-
24. The Owner and Bidder may agree to hold bids for consideration for a longer period of time, in
accordance with N.J.S.A. 40A:11-24.
The Owner reserves the right to reject bids pursuant to N.J.S.A. 40A:11-13.2, N.J.A.C. 7:22-9.10, or other
applicable law; to waive minor informalities or non-material exceptions in the bids received and to
accept the bid from the lowest responsible bidder, as per N.J.S.A. 40A: 11-1, et seq.
BOROUGH OF HAWTHORNE
Lori Fernandez, RMC, CMC, Borough Clerk