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RESOLUTION AUTHORIZING AN AWARD OF CONTRACT TO AMERICAN FENCE COMPANY CORP., CHALLENGER FENCE INC., AND CONTINENTAL HARDWARE INC., FOR THE PURCHASE OF SPLIT RAIL FENCING SUPPLIES, PER BID SB-24-035, PURSUANT TO N.J.S.A 40A: 11-1, ET SEQ.
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WHEREAS, the County of Passaic (hereafter “County”) is a government body incorporated pursuant to N.J.S.A. 40:18-1, et seq. and vested with all rights contained therein; and
WHEREAS, pursuant to N.J.S.A. 40:20-1, the Board of County Commissioners for the County of Passaic (hereafter “Board”) is vested with decision-making powers on behalf of the County; and
WHEREAS, pursuant to N.J.S.A. 40A:11-4, et seq., every contract awarded by the County, for the provision or performance of any goods or services, the cost of which in the aggregate exceeds the bid threshold [40A:11-3], shall be awarded only by resolution of the Board to the lowest responsible bidder after public advertising for bids and bidding thereof; and
WHEREAS, on February 23, 2024, the Purchasing Agent issued Bid SB-24-035 Split Rail Fencing Supplies (hereafter “SB-24-035”) seeking sealed proposals from qualified bidders for the Split Rail Fencing Supplies, to be used on an as-needed basis; and
WHEREAS, on March 1, 2024, the Purchasing Agent unsealed six (6) responses from qualified bidders for SB-24-035, bidding on the following specifications: and
1. Item #1 -11’ Rail Pressure Treated
0-1,200 Rails, 1,201-2,400 Rails, 2,401-3,600 Rails
2. Item #2 - 3 Hole Post Pressure Treated Line Post
0- 400 Posts, 401-800 Posts, 801-1,200 Posts
3. Item #3 - 3 Hole Post Pressure Treated End Post
0 - 400 Posts, 401-800 Posts, 801-1,200 Posts
4. Item #4 - 3 Hole Post Pressure Treated Corner Post
0 - 400 Posts, 401-800 Posts, 801-1,200 Posts
WHEREAS, the Director of Parks and Recreation is recommending an award of contract to the three lowest bidders: 1) American Fence Company Corp., 2) Challenger Fence Inc., and 3) Continental Hardware Inc., for the purchase of Split Rail Fence Supplies for a one-year contract beginning June 1, 2024, and expiring May 31, 2025, with a one year option to renew and an appropriation in the amount of one hundred eighty thousand dollars ($180,000.00); and
WHEREAS, Item #1: 11' Rail Pressured Treated at quantities 2401-3600 rails is awarded to Challenger Fence Inc., in the amount of fifty thousand dollars ($50,000.00); and
WHEREAS, Item #1: 11' Rail Pressured Treated at quantities 0-1200 rails and 1201-2400 rails and Item #2: 3 Hole Post Pressure Treated Line Post at quantities 0-400 Posts 401-800 Posts 801, is awarded to Continental Hardware Inc., in the amount of one hundred twenty-five thousand dollars ($125,000.00); and
WHEREAS: Item #3: 3 Hole Post Pressure Treated End Post at all quantities; and Item #4: 3 Hole Post Pressure Treated Corner Post at all quantities, is awarded to American Fence Company Corp., in the amount of five thousand dollars ($5,000.00); and
WHEREAS, the Board is authorized to increase the appropriation amount under contracts competitively bid pursuant to N.J.S.A. 40A:11-4.1; and
WHEREAS, the County complied with the legal requirements as set forth under N.J.S.A. 40A:11-23 and the County is making the award of contract within sixty (60) days of the bid opening, as required under N.J.S.A. 40A:11-24(a); and
WHEREAS, funds are available in Account No. O-24-56-635-002-608 or any other account that may be deemed appropriate by the Chief Financial Officer or his designee, and the availability of funds has been contingently certified by the Chief Financial Officer subject to sufficient funds being appropriated by the Board in the 2024 and/or subsequent years’ County budget(s), which is attached to and made part of this Resolution; and
WHEREAS, this matter was discussed on March 10, 2024, by the Public Works Committee and is being recommended to the Board for approval.
NOW, THEREFORE, LET IT BE RESOLVED, pursuant to N.J.S.A. 40A:11-1 et seq. the Board of County Commissioners of the County of Passaic hereby authorizes an award of contract to American Fence Company Corp., 2) Challenger Fence Inc., and 3) Continental Hardware Inc., for Split Rail Fencing Supplies for a one-year contract beginning June 1, 2024, and expiring May 31, 2025, with a one year option to renew and an appropriation in the amount of one hundred eighty thousand dollars ($180,000.00).
LET IT BE FURTHER RESOLVED, pursuant to N.J.A.C. 5:30-11.10, the County is authorized to award and increase the contract amount under contracts competitively bid pursuant to N.J.S.A. 40A:11-4, where such contracts are deemed open-end contracts.
LET IT BE FURTHER RESOLVED, that the Clerk of the Board, County Counsel, and Director of the Board of County Commissioners are authorized to execute an agreement and take any other steps necessary to carry out the purpose of this resolution.
PCR April 23, 2024