HomeMy Public PortalAboutr 21-021Yezolu#ion of the 190zough of Tarterd,
No. #21 -21 Date of Adoptio January 21, 2 021
AWARDING CONTRACT FOR THE CARTERET
WATERFRONT WALI{WAY PROJECT
WHEREAS, the Borough of Carteret ( "Borough") has previously authorized the
preparation of bid specifications and contract documents and has twice advertised for
receipt of bids for the Carteret Waterfront Walkway Project ( "Project "); and
WHEREAS, upon re- bidding for the Project, the Borough received seven (7) bids for said
Project on December 29,2020; and
WHEREAS, the two (2) lowest price bids for the contract items selected are as follows:
Base Bid + Addition Item A
APS Contracting, Inc. ( "APS ") $9,885,455.00
Agate Construction Co. INC. ( "Agate ") $9,962,917.00
and
WHEREAS, upon review of required bid documentation received by Borough's
Consulting Engineer for the Project, Najarian Associates ("Najarian"), from APS, Najarian
has advised the Borough that APS's bid submission was not in conformance with at least
Section 1.05 the contract specifications and the respective Bid Document Submission
Checklist at the time of the bid, which required all bidders on the Project to submit a
Certificate of the bidder showing his /her /its ability to perform the contract work as it relates
to marine work and equipment in accordance with the provisions of N.J.S.A. 40A:11 -20,
all as required by contract specifications for which the advertisement for bids was let; and
WHEREAS, the Law Director believes that said requirement is of a material nature and
non - waivable considering, at a minimum, its potential influence on prospective bidders
who could not satisfy this requirement to refrain from bidding on the Project; and therefore
the bid by APS, in this instance, must be deemed non - compliant with the bid specifications
and, therefore, rejected; and
WHEREAS, Najjarian has also indicated that the responses by APS to the required bid
Contractor's Questionnaire professed a lack of any marine construction experience as
requested, and appear to contain some irregularity in response to other past work
experience and performance which would entail further review and evaluation had APS's
submission been otherwise in compliance with the contract specifications; however, based
upon APS's reported lack of any marine construction experience, Najarian has advised in
its professional engineering opinion that APS is not a responsible bidder for this contract
work; and
WHEREAS, this Project is being significantly supported with a NJDEP ONRR grant
award which imposes a very strict construction completion schedule and requirements
upon the Borough; and
WHEREAS, Najamin has reviewed the above referenced bid proposals and has indicated
that the bid submitted by Agate is fully compliant with the bid specifications and is
therefore the lowest qualifying bidder; and
WHEREAS, the Borough's Chief Financial Officer has certified that fiords are or will be
available for the award of a contract for said work.
NOW THEREFORE BE IT RESOLVED by the Mayor and Council of the Borough of
Carteret, County of Middlesex and State of New Jersey as follows:
NO. #21 -21
1. That the Borough, based upon the advice of its Law Director and Consulting
Engineer, hereby awards the bid for the Carteret Waterfront Walkway Project
to the Agate Construction Co., Inc., for the Base Bid and Addition Item A in
the amount of $9,962,917.00.
2. That the appropriate Borough Officials are hereby authorized and directed to
enter into a contract with Agate for the Base Bid and Addition Item A in the
amount of $9,962,917,00, all in accordance with the request for bids and
contract specifications for the same,
3. That the bid submittals for the other six (6) bidders, including the non-
complaint bid by APS Contracting, Inc., are hereby rejected and the bid bonds
of said bidders are hereby directed to be returned.
4. That a copy of this Resolution shall be forwarded to the Borough's Purchasing
Department and Najarian Associates to implement the actions provided for
herein.
Adopted this 21' day of January, 2021
and certified as a true copy of the
original on January 22, 2021.
CARMELA POGORZELSKL RMC
Municipal Clerk
RECORD Or COUNCIL VOTE
COUNCILMAN
YES
NO
NV
A.B.
COONCILMAN
YES
NO
NV
A.B.
BELLINO
X
JOHAL
X
DIAZ
X
KRUM
X
DIMASCIO
X
NAPLES
X
X - indicate Vote An - Absent NV - Nol Voting XOR- Indicates Vote to Overmle Veto
Adopted at a meeting of the Municipal Council
t, January
21
12021
' Ll
riumcipai LerKJ i /
2021 2:09PM
IiMOU'GH OF CARTERET
MIJNICIP,pI, CLERK
To: Patrick j DeBlasio, Treasurer
Borough of Carteret
REQUEST FOR CERTIFICATION OF AVAII &BLE FUNDS:
For: AWARDING CON'MCT MR THE CARTPRLT WATL"RI'RON'T WALKWAY
PROJPCC
Name of Account: A
.Amount to be encumbered:
Resolution #: 21-21
A//// M//■■/■ YY/■Y YYYY//►►►►/►►►►►► "/////■ YYYY ■Y / / ■/ /YYY/ / ► /► ► / / / ■ ■ / /1Y
CERTIFICATION OV AVAILABILITY OF FUNDS
I, Treasurer of the Borough of Carteret, do hereby certify that there are sufficient hinds
available in the current budget to -enable the Borough Council to authorize the entering
into a contract between the Borough of Carteret and:
The funds available for this contract are in the budget, in the account oh
4
-l ot f ��l,tta.?Y - o4- Ii -'i�t zx.
oif4- joy -W1f - c,H57,gol f I o4 -1, _I04 -2�� � �ba.2"
in the amount of: 61 ! �. o �?_..
No. 1911 P. 1
DON18'J.
By this certification, I have hereby encumbered the above named account for the amount
of the contractpending Council action.
PaJ1 e$lasi ieasureer +
Date: f V) - M
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Memorial Municipal Building • bl Cooke Avenue • Carteret, NOW jersey 07008
TWI M -541 -3800 • Fair: 732- 541 -8925 • W0KQKWMLW