Title
Dept/ Agency: Engineering
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Bid Contract
Purpose: To award Broad Street Phase II Pedestrian Safety Improvements
Entity Name: J.A. Alexander, Inc.
Entity Address: 130-158 John F. Kennedy Drive North, Bloomfield, New Jersey 07003
Contract Amount: $7,436,740.51
Funding Source: NW011-110-1107-A-71930 - B2026
NW051-G22-E22E0-A-71930-B2022; NW051-G26-E26A0-A-71930-B2026
Contract Period: 365 consecutive calendar days from the date of the issuance of a formal Notice to Proceed
Contract Basis: (X) Bid ( ) State Vendor ( ) Prof. Ser. ( ) EUS
( ) Fair & Open ( ) No Reportable Contributions ( ) RFP ( ) RFQ
( ) Private Sale ( ) Grant ( ) Sub-recipient ( ) n/a
Additional Information:
Partial Certification of Funds in the amount of $4,404,059.00
Partial Certification of Funds in the amount of $2,833,551.41
Partial Certification of Funds in the amount of $199,130.10)
Bids Solicited: May 5, 2022, May 12, 2022, May 19, 2022
Bids Received: One (1)
Bids Rejected: One (1) pursuant to N.J.S.A. 40A:13.2(a)
Bids Re-Solicited: August 9, 2022, August 16, 2022, August 23, 2022
Bids Received: Three (3)
Bids Rejected: Two (2) per NJDOT Division on Civil Rights
NJDOT permission to re-bid
Bids Re-Re-Solicited: December 9, 2024, December 11, 2024, December 18, 2024
Bids Rejected: One (1) per NJDOT Division of Civil Rights
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Whereas, the Division of Traffic and Signals, Department of Engineering, City of Newark (the “Division”), advertised for receipt of bids on May 5, 2022, May 12, 2022 and May 19, 2022, for the Broad Street Phase II Pedestrian Safety Improvements. The only bid received from Berto Construction, Inc., was rejected because it substantially exceeded the engineer’s cost estimate pursuant to N.J.S.A. 40A:11-13.2(a); and
Whereas, the Division advertised a second time for receipt of bids; bids were advertised on August 9, 2022, August 16, 2022, August 23, 2022, for Contract No. 2022-01-R, Federal Project No. STP 1865(301) CON, Broad Street Phase II Pedestrian Safety Improvements (“Project”); and
Whereas, on September 14, 2022, the Division received three (3) bid from Berto Construction, Inc., J.A. Alexander, Inc., and Union Paving & Construction Co, for the Project in accordance with the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq; and
Whereas, J.A. Alexander, Inc. was determined to be the lowest responsible bidder; however, on February 3, 2023, the New Jersey Department of Transportation (“NJDOT”), Division of Civil Rights - Affirmative Action (“NJDCR-AA”) issued a Non-Concurrence Letter recommending that the Project not be awarded said bidder due to the firm’s submission of a deficient Civil Rights document (CR-266), and offered J.A. Alexander, Inc. an administrative hearing to submit documentation demonstrating a good-faith effort to meet or exceed the contract participation goals; and
Whereas, on February 17, 2023, J.A. Alexander, Inc. submitted a written request to the NJDCR-AA seeking reconsideration through an Administrative Review Hearing; and
Whereas, on June 30, 2023, an Administrative Review Hearing Officer rendered a final determination substantially upholding the NJDCR-AA’s decision not to award the contract to J.A. Alexander, Inc.; and
Whereas, the City of Newark (“City”), in coordination with the NJDOT Local Aid and NJDCR-AA proceeded to review the bid package submitted by the next lowest bidder, Union Paving & Construction Co., Inc.; and
Whereas, on December 27, 2023, the NJDCR-AA issued a Non-Concurrence Letter recommending that the Project not be awarded to Union Paving & Construction Co., Inc. due to said bidder’s failure to meet specified disadvantage business enterprise goals; and
Whereas, on January 3, 2024, Union Paving & Construction Co., Inc. submitted a written request to the NJDCR-AA seeking reconsideration through an Administrative Review Hearing; and
Whereas, on July 17, 2024, the Administrative Review Hearing Officer issued a final determination upholding NJDCR-AA’s rejection of Union Paving & Construction Co., Inc’s bid; and
Whereas, on November 20, 2024, the NJDOT Local Aid issued a letter authorizing the City of Newark to proceed with advertising the Project for the third time; and
Whereas, the Division advertised and solicited bids a third time for the Project, which bids were advertised on December 9, 2024, December 11, 2024 and December 18, 2024, as Contract No. 2022-01-2R; and
Whereas, on December 6, 2024, NJ Advance Media Center - Legal Ads issued to the City a letter of apology for failing to advertise the Project on the agreed-upon date; and
Whereas, on January 16, 2025, the Division received four (4) bids for the Project from Berto Construction, Inc., J.A. Alexander Inc., Union Paving & Construction Co. and Underground Utility Corp; and
Whereas, Underground Utility Corp., was determined to be the lowest responsible bidder; however, on April 3, 2025, the NJDCR-AA issued a Non-Concurrence Letter recommending that the Project not be awarded to said bidder due to the firm’s failure to meet the specified disadvantaged business enterprise goals; and
Whereas, on April 7, 2025, Underground Utility Corp., Inc. requested reconsideration through an Administrative Review Hearing; and
Whereas, on June 23, 2025, the Administrative Review Hearing Officer issued a final determination upholding NJDCR-AA’s rejection of Underground Utility Corp’s bid; and
Whereas, the City, in coordination with the NJDOT Local Aid and the NJDCR-AA, proceeded to review the bid package submitted by the next lowest bidder, J.A. Alexander, Inc; and
Whereas, on August 19, 2025, the NJDCR-AA issued a Concurrence Letter recommending that the Project be awarded to J.A. Alexander, Inc; and
Whereas, on October 15, 2025, the City’s Department of Engineering requested an additional Two Million Eight Hundred Thirty-Three Thousand Five Hundred, Fifty-One Dollars and Forty-One Cents ($2,833,551.41) needed for Project; and
Whereas, on December 4, 2025 Federal Highway Administration (FHWA) approved the grant of an additional Two Million Eight Hundred Thirty-Three Thousand Five Hundred, Fifty-One Dollars and Forty-One Cents ($2,833,551.41) for the Project; and
Whereas, based on review of the bids, the Acting Director of the Department of Engineering desires to accept the bid proposal submitted by the lowest responsive and responsible bidder J.A. Alexander, Inc and to execute Contract #2022-01-2R, Federal Project No. STP 1865(301) CON, Broad Street Phase II Pedestrian Safety Improvements Federal Project for the total bid amount not to exceed Seven Million Four Hundred Thirty-Six Thousand Seven Hundred Forty Dollars and Fifty-One Cents ($7,436,740.51).
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 Acting Director of the Department of Engineering, are hereby authorized on behalf of the City of Newark to accept the bid proposal submitted by the lowest responsive and responsible bidder J.A. Alexander, Inc. and to execute Contract #2022-01-2R, Federal Project No. STP 1865(301) CON, Broad Street Phase II Pedestrian Safety Improvements Federal Project for the total bid amount not to exceed Seven Million Four Hundred Thirty-Six Thousand Seven Hundred Forty Dollars and Fifty-One Cents ($7,436,740.51).
2. Pursuant to N.J.A.C. 5:30-5.5(a), a Budget, attached hereto is a Certification of Funds issued by the Chief Financial Officer, which states aggregate funds in the amount of: $7,237,610.41 are available from Business Unit NW051, Dept. G22, Div./Proj. E22E0, Activity A, Account# 71930, Budget Ref. B2022 and Business Unit NW051, Dept. G22, Div./Proj. E26A0, Activity A, Account# 71930, Budget Ref. B2026 for the construction, and additional funds in the amount of $199,130.10 are available from Business Unit NW011, Dept. 110, Div./Proj.1107, Activity A, Account# 71930, Budget Ref. B2026 for “Traffic Director, Police, Cleaning Drainage Structure and Cellar Vault” non-participating by federal government items. In accordance with N.J.S.A. 40A:5-16, there shall be no advance payments on this contract.
3. No changes to this contract are allowed without prior Municipal Council approval.
4. A fully executed copy of the contract shall be filed in the Office of the City Clerk by the Acting Director of the Department of Engineering.
5. This contract is to be completed within a period of 365 consecutive calendar days from the date of the issuance of a formal Notice to Proceed by the Acting Director of the Department of Engineering.
6. The public bidding process under the New Jersey Local Public Contracts Law, N.J.S.A. 40A:11-1, et seq., complies with the Fair and Open Process of the State of New Jersey Local Unit Pay-to-Play Law, N.J.S.A. 19:44A-20.5 et seq.
7. 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 twenty (20) business days following such award, in accordance with N.J.S.A. 52:15C-10.
STATEMENT
This Resolution authorizes the Mayor and/or his designee, the Acting Director of the Department of Engineering, to accept the bid proposal submitted by the lowest responsive and responsible bidder J.A. Alexander, Inc and to execute Contract #2022-01-2R, Federal Project No. STP 1865(301) CON, Broad Street Phase II Pedestrian Safety Improvements Federal Project for the total bid amount not to exceed Seven Million Four Hundred Thirty-Six Thousand Seven Hundred Forty Dollars and Fifty-One Cents ($7,436,740.51).This contract is to be completed within a period of 365 consecutive calendar days from the date of the issuance of a formal Notice to Proceed by the Acting Director of the Department of Engineering