Title
Dept/ Agency: Administration/Division of Central Purchasing
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Bid Contract(s)
Purpose: To provide Maintenance and Repair: Bucket Loaders.
Entity Name(s)/Address(s): Abreu Truck Services, Inc., 283-299 Frelinghuysen Avenue, Newark, New Jersey 07114
Contract Amount: Not to exceed $600,000.00
Funding Source: 2022 Budget/Department of Public Works, Division of Motors/NW011-060-0602-71870-B2022
Contract Period: To be established for a period not to exceed twenty-four (24) consecutive months
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:
This contract will add an additional vendor to the contract for maintenance and repair services of bucket loaders for the City’s Department of Public Works, Division of Motors.
Original Advertisement Date: February 1, 2023
Revised Advertisement Date: February 3, 2023
Bids Downloaded: Five (5)
Bids Received: Two (2)
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WHEREAS, Resolution 7R1-f adopted November 2, 2022 authorized the Purchasing Agent, QPA, to enter into a contract with A. Lembo Car and Heavy Truck Collision Inc. for the Maintenance and Repair of Bucket Loaders; and
WHEREAS, the City requires additional vendors to provide maintenance and repair of bucket loaders; and
WHEREAS, on February 1, 2023, the City of Newark, through its Purchasing Agent, QPA, advertised to solicit bids for contractors to provide Maintenance and Repair of Bucket Loaders for the Department of Public Works, Division of Motors as described in the attached bid proposal, and on February 3, 2023, posted a revised advertisement with a corrected proposal deadline; and
WHEREAS, the Division of Central Purchasing published the bid package on the City of Newark’s electronic procurement portal to provide broader access and download capability to potential bidders; and
WHEREAS, on February 16, 2023, the Division of Central Purchasing received two (2) bids in response to this advertisement; and
WHEREAS, Air Brake and Equipment’s proposal was deemed fatally defective for failure to submit the Statement of Ownership disclosure as required in the bid specifications pursuant to N.J.S.A. 40A:11-23.2; and
WHEREAS, the Purchasing Agent, QPA, recommends that a single award be made to Abreu Truck Services, Inc., 283-299 Frelinghuysen Avenue, Newark, New Jersey 07114, the only responsive and responsible bidder; and
WHEREAS, pursuant to N.J.S.A. 40A:11-24, the recommended bidder consented to holding prices bid for consideration until such time as an award is made, as the law permits; 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, and the Business Administrator and/or the Purchasing Agent, QPA, are hereby authorized to enter into and execute a contract with Abreu Truck Services, Inc., 283-299 Frelinghuysen Avenue, Newark, New Jersey 07114, to provide Maintenance and Repair of Bucket Loaders whose bid was received on the advertised due date and determined to be the lowest, responsive and responsible bidder in accordance with the bid specifications. The term of the contract will be established for a period not to exceed twenty-four (24) consecutive months, pursuant to N.J.S.A. 40A:11-15, at a cost not to exceed Six Hundred Thousand Dollars and Zero Cents ($600,000.00).
2. There shall be no amendment or change of this contract without the approval of the Municipal Council by resolution.
3. There shall be no advance payment on this contract in accordance with N.J.S.A. 40A:5-16. Funds for 2020 and subsequent years are contingent upon appropriations, pursuant to N.J.A.C. 5:30-5.5(d)(2).
4. This is an open-ended contract to be used as needed during the term of the contract. Thus, for any and all expenditures against this contract, a certification of the availability of sufficient funds, as required by N.J.A.C. 5:30-5.5(b)(2), shall be executed before a contractual liability is incurred each time an order is placed from Account Code Line: Department of Public Works, Division of Motors NW011-060-0602-71870-B2022. This contract shall not exceed Six Hundred Thousand Dollars and Zero Cents ($600,000.00) for a period to be established and not to exceed twenty-four (24) consecutive months to commence upon a fully executed contract.
5. The Purchasing Agent, QPA, shall file a copy of this Resolution and the duly executed copy of the contract in the Office of the City Clerk.
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 twenty (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 resolution authorizes the Mayor and/or his designee, and the Business Administrator and/or the Purchasing Agent, QPA, to enter into and execute a contract with Abreu Truck Services, Inc., 283-299 Frelinghuysen Avenue, Newark, New Jersey 07114 to provide Maintenance and Repair of Bucket Loaders to the City of Newark, Department of Public Works, Division of Motors, at a cost not to exceed Six Hundred Thousand Dollars and Zero Cents ($600,000.00) for a period to be established and not to exceed twenty-four (24) consecutive months to commence upon a fully executed contract.