Title
Dept/ Agency: Administration/Division of Central Purchasing
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Bid Contract(s)
Purpose: To provide, City-wide Towing Service
Entity Name(s)/Address(s): (1) B & C Towing, Inc., 527 Avenue P, Newark, New Jersey 07105 (2) Dente Brothers Towing, Inc., 27 Raymond Boulevard, Newark, New Jersey 07105
Contract Amount: Revenue Contract
Funding Source: No City Funds Required
Contract Period: To be established for a period not to exceed two years
Contract Basis: (X) Bid ( ) State Vendor ( ) Prof. Ser. ( ) EUS
( ) Fair & Open ( ) No Reportable Contributions ( ) RFP ( ) RFQ
( ) Private Sale ( ) Grant ( ) Sub-recipient ( ) n/a
Entity Name/Address:
Additional Information:
Bids Solicited: Thirteen (13)
Bids Received: Three (3)
Bids Rejected: One (1)
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WHEREAS, on January 24, 2012, the City of Newark through its Division of Central Purchasing of the Department of Administration, advertised an Invitation to Bid for vendors to provide City-wide Towing Services for the City of Newark Police Department. As solicited, the contracts were to be divided into six contracts as follows: (1) Second Precinct, (2) Third Precinct, (3) Fourth Precinct, (4) Fifth Precinct, (5) Sanitation for City- wide Street Cleaning and (6) Bus Lanes on Broad Street also known as Police Towing City-wide; and
WHEREAS, on February 16, 2012, three (3) bids were received and opened in response to this advertisement; and
WHEREAS, on or about August 2012, Dente Brothers Towing, Inc. (Dente) filed an emergent application in the Superior Court of New Jersey, Essex County, Law Division, Docket Number ESX-L-5800-12, in part, seeking the award of the contract; and
WHEREAS, on September 21, 2012, the City of Newark rejected all bids to substantially revise the specifications as authorized by N.J.S.A. 40A:11-13.2(d); and
WHEREAS, shortly thereafter, B & C Towing, Inc., (B & C) and the Parking Authority of the City of Newark (NPA) were granted the right to Intervene in the litigation; and
WHEREAS, as a result of the litigation, the Honorable Siobhan A. Teare, J.S.C., by order dated February 12, 2013, ordered that the City of Newark did not have the authority to issue bids because of the Interlocal Agreement between the City and NPA and further ordered NPA to advertise for bids within sixty (60) days of the Order or transfer the authority back to the City per Section 711 of the Interlocal Agreement; and
WHEREAS, on or about June 4, 2013, NPA issued a Request for Qualifications for Rotational Towing for City-wide Towing for Police; and
WHEREAS, subsequent to Judge Teare's order, the parties filed various Appeals and motions, including a Motion by B & C in Superior Court of New Jersey, Essex County, Law Division, Docket Number ESX-L-4120-13, seeking to Stay the Issuance of the Bid Specifications by NPA,; and
WHEREAS, after a conference held before the Honorable Christine A. Farrington, J.S.C., NPA decided to return the responsibility of Police towing back to the City and an Amended Order of the Court dated August 19, 2013, issued setting forth the obligations of the parties; and
WHEREAS, after the adoption of an appropriate resolution amending the Interlocal Agreement by the Municipal Council and the NPA Board of Commissioners, the City resumed the responsibility for Police Towing and prepared the bid specifications; and
WHEREAS, on November 26, 2013, the City of Newark through its Purchasing Director advertised to solicit bids for contractor(s) to provide, City-wide Towing Service, Police, to the Police Department. As solicited, the contracts are divided into six contracts as follows: (1) Second Precinct, (2) Third Precinct, (3) Fourth Precinct, (4) Fifth Precinct, (5) Sanitation for City-wide Street Cleaning and (6) Bus Lanes on Broad Street also known as Police Towing City-wide; and
WHEREAS, the Division of Central Purchasing distributed thirteen (13) bid proposal packages to prospective vendors following the date of advertisement; and
WHEREAS, on December 19, 2013, three (3) bids were received in response to this advertisement; and
WHEREAS, the Purchasing Director recommends an award be made to
B & C Towing, Inc., for Third Precinct, Sanitation and Bus Lanes for both years and Dente Brothers Towing, Inc., for the Fifth Precinct for both years, the responsive responsible bidders; and
WHEREAS, the bidders held their prices until such time as an award was made; and
WHEREAS, the bids submitted for the Second Precinct, and Fourth Precinct, were rejected as materially defective due to not meeting the minimum acreage requirement as required by the bid specifications and are the subject of pending litigation. They will either be rebid or handled in a manner as ordered by the Superior Court.; and
WHEREAS, pursuant to N.J.S.A.19:44A-20.5 et seq., solicitations through public bidding in accordance with N.J.S.A.40A:11-1, et seq., meets the requirements of the fair and open process.
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
1. The Mayor and/or his designee, the Purchasing Director, are hereby authorized to enter into a contract with B & C Towing, Inc., 527 Avenue P, Newark, New Jersey 07105, to provide towing services for the Third Precinct, Sanitation and Bus Lanes for both years, and Dente Brothers Towing, Inc., 27 Raymond Boulevard, Newark, New Jersey 07105, to provide towing services for the Fifth Precinct for both years; to provide City-wide Towing Service, Police to the City, whose bids were received on the advertised due date and determined to be responsive, responsible bidders as indicated on the price schedules, and in accordance with the bid specifications. The term of the contract will be established for a two (2) year term, pursuant to N.J.S.A.40A:11-3.
2. The bids submitted for the 2nd Precinct, and 4th Precinct, were rejected as materially defective due to not meeting the minimum acreage requirement as required by the bid specifications and are the subject of pending litigation. They will either be rebid or handled in a manner as ordered by the Superior Court.
3. There shall be no amendment or change of this contract without the approval of the Municipal Council by resolution.
4. This contract requires no expenditure by the City.
5. A duly executed copy of the contract shall be forthwith filed in the Office of the City Clerk by the Purchasing Director.
6. If required by State Law, the City Clerk shall provide the appropriate notice of the award of this contract, to the State Comptroller no later than 20 business days following such award, in accordance with N.J.S.A. 52:15C-10 and the Notice of the Office of the State Comptroller dated May 7, 2008.
STATEMENT
This contract is awarded to B & C Towing, Inc., for Third Precinct, Sanitation and Bus Lanes and Dente Brothers Towing, Inc., for the Fifth Precinct, to provide City-wide Towing Service, Police, for two (2) years.