Title
Dept/ Agency: Water and Sewer Utilities
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Bid Contract
Purpose: To Provide Traffic Triangle Greening Project - Badger Avenue .at Clinton Avenue Contract# 14-WS2024
Entity Name: J.A. Alexander, Inc.
Entity Address: 130 John F. Kennedy Dr. No. Bloomfield, New Jersey 07003
Contract Amount: Not to Exceed $691,558.20
Funding Source: 2024 Capital Budget/Department of Water and Sewer Utilities/NW044-19C-19C02-94710-B2019
Contract Period: 365 calendar days from the date of the written Notice to Proceed to final completion
Contract Basis: (X) Bid ( ) State Vendor ( ) Prof. Ser. ( ) EUS
( X ) Fair & Open ( ) No Reportable Contributions ( ) RFP ( ) RFQ
( ) Private Sale ( ) Grant ( ) Sub-recipient ( ) n/a
Additional Information:
Bid Packages Distributed: Five (5)
Bids Received: Three (3)
body
WHEREAS, on April 9, 2024, the City of Newark, Department of Water and Sewer Utilities (the "Department") advertised to solicit bids for contractor(s) to provide Traffic Triangle Greening Project - Badger Avenue at Clinton Avenue in the City of Newark ("the Project"); and
WHEREAS, the Department distributed five (5) bid packages to prospective vendors following the date of bid advertisement; and
WHEREAS, on May 14, 2024, the Department received and opened one (1) bid for the Project shortly thereafter it was discovered due to administrative errors a special bid opening had to be scheduled because the City received two other bid packages that were received in time but inadvertently were not opened and
WHEREAS, on May 17, 2024, after notifying all potential bidders, the special bid opening was held and the Department opened the bids for the Project from A-tech Concrete and Underground Utilities Corporation; and
WHEREAS, the Department received a total of (3) bids for said project in accordance with the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.; and
WHEREAS, after review of the bids the Department determined that the lowest bidder A-Tech Concrete was to be rejected as non-responsive for failure to comply with MBE/WBE Utilization requirements; and
WHEREAS, the second lowest bidder J.A. Alexander, Inc., 130 John F. Kennedy Dr. No. Bloomfield, New Jersey 07003, submitted the lowest responsive and responsible bid, according to the specifications in the total amount of Six Hundred Ninety-One Thousand Five Hundred and Fifty-Eight Dollars and Twenty Cents ($691,558.20); and
WHEREAS, the City wishes to accept the lowest responsible bid submitted by J.A. Alexander, Inc., on May 14, 2024, and execute Contract 14-WS2024 for Traffic Triangle Greening Project - Badger Avenue at Clinton Avenue with J.A. Alexander, Inc., 130 John F. Kennedy Dr. No. Bloomfield, New Jersey 07003 for the total amount not to exceed Six Hundred Ninety-One Thousand and Five Hundred Fifty-Eight Dollars and Twenty Cents ($691,558.20); and
WHEREAS, this contract was solicited and awarded pursuant to the provisions of the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq., as a public bid, which constitutes a Fair and Open Process.
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
1. The Mayor of the City of Newark and/or his designee, the Director of the Department of Water and Sewer Utilities, are authorized to enter into and execute Contract 14-WS2024 for Traffic Triangle Greening Project - Badger Avenue at Clinton Avenue, with J.A. Alexander, Inc., 130 John F. Kennedy Dr. No. Bloomfield, New Jersey 07003, for bid total amount not to exceed Six Hundred Ninety-One Thousand Five Hundred and Fifty-Eight Dollars and Twenty Cents ($691,558.20), the lowest responsible bidder for a period of 365 calendar days, commencing from the date of the issuance of a written Notice to Proceed.
2. Pursuant to N.J.A.C. 5:30-5.5(a), Temporary Budget, attached hereto is a partial Certification of Funds from the Chief Financial Officer, which states the funds in the amount of $450,000.00, are available in the Department of Water and Sewer Utilities Budget under Business Unit NW044, Department ID 19C, Division 19C02, Account 94710 B2019. The Director of the Department of Water and Sewer Utilities is authorized to extend the contract to the full value of $691,558.20 when additional funds in the amount of $241,552.00 are certified from the 2024 and 2025 Budgets of the Department of Water and Sewer Utilities in accordance with the time at which the respective work or services are performed or liability for payment incurred. A copy of the Certification of Funds shall be filed in the Office of the City Clerk.
3. There shall be no amendment or change to the contract without approval by the Municipal Council.
4. There shall be no advance payment on this contract in accordance with N.J.S.A. 40A:5-16.
5. The Department of Water and Sewer Utilities shall file a fully executed copy of the contract and Notice to Proceed in the Office of the City Clerk.
6. If required by State Law, the Acting 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 of the City of Newark and/or his designee, the Director of the Department of Water and Sewer Utilities, to accept the lowest responsible bid submitted by J.A. Alexander, Inc. and enter into and execute Contract# 14-WS2024 for Traffic Triangle Greening Project - Badger Avenue .at Clinton Avenue with J.A. Alexander, Inc., for the total bid amount of $691,558.20 for a period of 365 calendar days, commencing from the date of the issuance of a written Notice to Proceed.