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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 (,) ?9 (t y. of T -TX-51 41" &' l13g7,Yto - Memorial Municipal Building • bl Cooke Avenue • Carteret, NOW jersey 07008 TWI M -541 -3800 • Fair: 732- 541 -8925 • W0KQKWMLW