Title
Dept/ Agency: Administration/Division of Central Purchasing
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Bid Contract(s)
Purpose: To purchase Concrete, Ready Mix, Sand and Gravel.
Description: Concrete, Ready Mix, Sand and Gravel.
Entity Name(s)/Address(s): Extech Building Materials, Inc., d/b/a Liberty Building Products, 193 Christie Street, Newark, New Jersey 07105
Contract Amount: Not to exceed $152,000.00
Funding Source: 2020 Budget/
Department of Engineering, Division of Traffic and Signals/NW011-110, 1107, 83720, B2020/
Department of Public Works, Division of Public Buildings/NW011, 060, 0604, 83410-B2020/
Department of Public Works, Division of Sanitation/NW011, 060, 0605, 83720-2020/
Department of Water and Sewer Utilities/NW037, 750, 7502, 83720, B2020
Contract Period: To be established for a period not to exceed twenty-four (24) consecutive months, pursuant to N.J.S.A. 40A:11-15
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:
To purchase concrete, ready mix, sand and gravel for the City of Newark, Departments of Engineering, Public Works and Water and Sewer Utilities.
Advertisement Date: May 28, 2019
Number of Bids Solicited: Four: (4)
Number of Bids Received: One: (1)
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WHEREAS, on May 28, 2019, the City of Newark through its Purchasing Agent, QPA, advertised to solicit bids for contractor(s) to provide Concrete, Ready Mix, Sand and Gravel, to the Department of Engineering, Division of Traffic and Signals, Department of Public Works, Division of Public Buildings, and the Division of Sanitation and the Department of Water and Sewer Utilities, as per the bid proposal attached hereto; and
WHEREAS, the Division of Central Purchasing also distributed four (4) bid proposal packages to prospective vendors following the date of advertisement; and
WHEREAS, the Division of Central Purchasing also published the bid package on the City of Newark’s website to provide broader access and download capability to potential bidders; and
WHEREAS, on June 13, 2019, the Division of Central Purchasing received one (1) bid in response to this advertisement; and
WHEREAS, the Manager for the Department of Public Works, Division of Public Buildings, the Director for the Department of Public Works, Division of Sanitation, the Director for the Department of Water and Sewer Utilities and the Traffic Maintenance Chief of Operations for the Department of Engineering, Division of Traffic and Signals (“Multiple Department Executives”), all recommended that an award be made to Extech Building Materials, Inc., d/b/a Liberty Building Products, 193 Christie Street, Newark, New Jersey 07105 the only responsive, and responsible bidder; and
WHEREAS, the Assistant Purchasing Agent, QPA, on behalf of the Purchasing Agent, concurred with the recommendations from the Multiple Department Executives, that an award be made to Extech Building Materials, Inc., d/b/a Liberty Building Products, the only responsive, responsible bidder; and
WHEREAS, pursuant to N.J.S.A. 40A:11-24, the 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, the Business Administrator are hereby authorized to enter into and execute a contract with Extech Building Materials, Inc., d/b/a Liberty Building Products, 193 Christie Street, Newark, New Jersey 07105 to receive line items #1, 7, 8, 9, 10, 13, 14, 15, 16 and 24 for year (1) one and year (2) two, to provide Concrete, Ready Mix, Sand and Gravel to the City, whose bid was received on the advertised due date and determined to be the only responsible, responsive bidder, in accordance with the bid specifications. There were no bids for line item #2, 3, 4, 5, 6, 11, 12, 17, 18, 19, 20, 21, 22, 23, 25, 26 and 27. The term of the contract will be established for a period not to exceed a twenty-four (24) consecutive month term, pursuant to N.J.S.A. 40A:11-15
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).
4. This is an open-ended contract to be used as needed during the term of 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 Lines: 2020 Budget/Department of Engineering, Division of Traffic and Signals//NW011-110, 1107, 83720, B2020/Department of Public Works, Division of Public Buildings/NW011, 060, 0604, 83410-B2020/Department of Public Works, Division of Sanitation/NW011, 060, 0605, 83720-B2020/Department of Water and Sewer Utilities/NW037, 750, 7502, 83720,B2020, covering the amount of the order. This contract shall not exceed One Hundred Fifty-Two Thousand Dollars and Zero Cents ($152,000.00) for a period to be established not to exceed twenty-four (24) consecutive months.
5. The Purchasing Agent, QPA shall file a duly executed copy of the contract in the Office of the City Clerk.
6. If required by the 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, the Business Administrator, to enter into and execute a contract with Extech Building Materials d/b/a Liberty Building Products, to provide Concrete, Ready Mix, Sand and Gravel to the City of Newark, Departments of Engineering, Public Works and Water and Sewer Utilities at a cost not to exceed $152,000.00 for a period to be established not to exceed twenty-four (24) consecutive months for one (1) vendor.