Site work and paving for a road / highway in Toms River, New Jersey. Completed plans call for site work for a road / highway; and for paving for a road / highway.

Bidders are required to comply with the requirements of N.J.S.A. 10:5-31 et seq. and P.L. 1975 C. 127 (N.J.A.C. 17:27-1 et seq.) regarding equal employment opportunities and with the requirements of P.L. 1977 C.33 regarding corporate and/or partnership ownership. The right to reject any and all bids is reserved in accordance with applicable law. It is the intent of the Township of Toms River to enter into a contract with the lowest responsive and responsible bidder(s) in compliance with these specifications. QUESTION SUBMISSION DEADLINE: October 10, 2023, 11:00am QUESTION RESPONSE DEADLINE: October 13, 2023, 11:00am ANTICIPATED DATE OF AWARD: November 8, 2023 A person bidding on a contract for the erection, alteration or repair of a public building, structure, facility or other improvement to real property, the total price of which exceeds $100,000.00, shall furnish a guarantee as provided for herein. A contracting unit may provide that a person 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 contract is awarded to the bidder, the bidder will enter into a contract therefore and will furnish any performance bond or other security required as a guarantee of indemnification. The guarantee shall be in the amount of 10% percent of the bid, but not in excess of $20,000.00, except as otherwise provided herein, and may be given, at 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 unit, 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 or regulation of the United States shall govern. More specifically, those bid bonds which contain restrictive language regarding the bonds' intent will be considered NON-CONFORMING by the Township of Toms River. Pursuant to N.J.S.A. 40A:11-21, bidders 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 price, but not in excess of $20,000.00, payable unconditionally to the Township of Toms River. The Bid Bond or Certified Check must be enclosed in a sealed envelope bearing the name and identifying information of the project and the name and address of the bidder on the outside and addressed to the Division of Purchasing. A Bid Bond or Certified Check that is sent via US Postal Services shall be sent to: Toms River Township, PO Box 728, Toms River, NJ 08754. A Bid Bond or Certified Check that is sent via delivery service shall be sent to: Toms River Township, 33 Washington Street, Toms River, NJ 08753. When submitting a Bid Bond, it shall contain Power of Attorney for full amount of Bid Bond from a surety company authorized to do business in the State of New Jersey and acceptable to the Township. The check or bond of the unsuccessful bidder(s) shall be returned as prescribed by law. 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 statute. A non-conforming bid guarantee or failure to submit required guarantee shall be cause for rejection of the bid. Should the bidder fail to fulfill such promises, their bid deposit shall become the property of, or be payable to, the Township to be credited towards the damages, with any amount in excess of such damages being returned to the Bidder. Unless it shall become the property of, or be payable to the Township, said deposit shall be returned to the bidder as hereinafter provided. Bid deposits will be returned to all except the three (3) lowest bidders within ten (10) days (Sundays and legal holidays excluded) after the formal opening of bids and to the three (3) lowest bidders within three (3) days (Sundays and legal holidays excluded) after the Township and the accepted bidder have executed the contract agreement. In the event that the contract has not been awarded by the Township within sixty (60) days after the opening of the bids, bid security will be returned promptly upon demand of any bidder whose bid has not been accepted. None of the three (3) lowest bids shall be deemed rejected, notwithstanding acceptance of one of the bids, until the contract agreement has been executed by both the Township and the accepted bidder. In addition to the bid guarantee, this bid shall be accompanied by a statement, similar in form to that annexed to the bid, of a surety company authorized to do business in the State of New Jersey and acceptable to the Township for any award that may or will exceed $100,000.00 (unless stipulated differently in the bid specification) agreeing, in the event that the bidder is awarded the Contract, to furnish a performance bond of a face value of one hundred percent (100%) of the amount of the bid. Attorneys-In-Fact who sign bid bonds or contract bonds must file with each bond a certified copy of their Power of Attorney to sign bonds. If the contract award is $100,000.00 or more, the bidder shall furnish a surety bond or bonds of face value, equal to one hundred percent (100%) of the amount of the bid as security for faithful performance of this contract and for the payment of all persons performing labor on the project under this contract and furnishing materials in connection with this contract. The surety on such bond or bonds shall be a duly authorized surety company satisfactory to the Township. Performance and Labor and Material Payment Bonds must be furnished simultaneously with the delivery of the executed contract by the successful bidder and shall remain in effect for one (1) year after the final contract acceptance by the Township. The Maintenance bond shall be dated as of and is to continue in effect for a period of one (1) year from the date of completion, approval and final contract acceptance of the entire work by the Township. All bids shall be submitted electronically through the Township's electronic procurement portal by the date and time stipulated in the Notice to Bidders. Bids submitted prior to the date and time of opening may be withdrawn, modified or resubmitted, upon written application to the Division of Purchasing. Once bids are opened, they shall remain firm for a period of sixty (60) days. Bidders are cautioned when receiving bids through a third-party, as they may not be complete. The contract period shall be defined in the Detail Specifications. Pursuant to N.J.A.C. 5:30-5.1 et seq, any contract resulting from this bid shall be subject to the availability of funds annually. If the award is to be made on the basis of a base bid only, it shall be made to that responsible bidder submitting the lowest base bid. If the award is to be made on the basis of a combination of a base bid with selected options, it shall be made to that responsible bidder submitting the lowest net bid. The contracting unit shall award the contract or reject all bids within no more than sixty (60) days, except that the bids of any bidders who consent thereto may, at the request of the contracting unit, be held for consideration for such longer period as may be agreed. When the bid specifications state that the execution of the contract shall be subject to prior approval by a Federal or State agency or department, the contract shall be awarded or all bids rejected within five (5) days after the approval by such Federal or State agency or department. The award of contract shall not be made unless the necessary funds have been certified by the Township Chief Financial Officer (CFO), in a lawful manner. The Township reserves the right to reject any or all bids, in whole or in part, if not in compliance with the bid specifications. The Township reserves the right to to adopt alternates; to accept that one which in its judgment best serves its interests; to waive any minor informalities or irregularities in the bids received and to accept the bid from the lowest responsible bidder in accordance with the applicable law. Pursuant to N.J.S.A. 40A:11-13.2, the Township may reject all bids for any of the following reasons: The lowest bid substantially exceeds the cost estimates for the goods or services The lowest bid substantially exceeds the contracting unit's appropriation for the goods or services The governing body of the contracting unit decides to abandon the project for the provision or performance of the goods or services The contracting unit wants to substantially revise the specifications for the goods or services The purposes or provisions or both of P.L. 1971, c.198 (C.40A:11-1 et seq) are being violated The governing body of the contracting unit decides to use the State authorized contract pursuant to section 12 of P.L. 1971, c.198 (C.40A:11-12) Multiple bids: More than one (1) bid submitted from an individual, a firm or partnership, a corporation or association or principals under the same or different names, shall not be considered. Unbalanced bids: Bids which are obviously unbalanced may be rejected at the option of the Township. Should a contractor fail to complete their work on or before the time set forth above or as provided within, the Township may retain an amount as liquidated damages for each calendar day in accordance with the provisions of that section. No oral interpretation shall be made to any Bidder as to the meaning of any of the Contract Documents or be effective to modify any of the provisions of the Contract Documents. All questions shall be submitted to the Purchasing Agent via email at purchasing@tomsrivertownship.com or fax to 732-736-0314, dated at least ten (10) days before the established date for Bid opening. The Engineer will arrange an addendum, which shall become part of the contract, all pertinent questions received and his decision regarding each. Prior to the opening of the Bids, a copy of these addenda will be sent to each of those who have obtained a set of the Contract Documents. Bidders shall acknowledge receipt of addenda in the form provided in the Bid. In the event that the Bidder does not acknowledge receipt of any or all addenda, bid will be rejected.