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RESOLUTION AUTHORIZING AN AWARD OF CONTRACT TO SMITH SONDY ASPHALT CONSTRUCTION COMPANY, INC., FOR 2024 PASSAIC COUNTY ROAD RESURFACING PROJECT, PER BID C-24-012, PURSUANT TO N.J.S.A 40A: 11-4, 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 of 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 May 6, 2024 the Purchasing Agent issued County Of Passaic Road Resurfacing Program, 2024, Bid No. C-24-012 (hereafter “C-24-012”) seeking sealed proposals from qualified bidders for the 2024 County Road Resurfacing Program; and
WHEREAS, on May 15, 2024 bids were unsealed for C-24-012 by the Purchasing Agent and a total of seven (7) responses were received from the following contractors:
1. Smith Sondy Asphalt Construction Co., Inc. $4,609,362.68
2. J.A. Alexander, Inc. $5,193,558.04
3. Reivax Contracting Corp. $5,675,650.44
4. Tilcon New York, Inc. $6,357,000.00
5. D.L.S. Contracting, Inc. $6,371,123.71
6. D & L Paving Contractors, Inc. $6,484,342.92
7. AJM Contractors, Inc. $6,843,172.30
WHEREAS, the County Engineer is recommending an award of contract to Smith Sondy Asphalt Company, Inc. for the 2024 County Road Resurfacing Program in an amount not to exceed four million six hundred nine thousand three hundred sixty-two dollars and sixty-eight cents ($4,609,362.68) as the lowest responsible bidder; 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, this majority of this project is being funded by a 2024 New Jersey Department of Transportation County Aid Grant; and
WHEREAS, this award is subject to concurring approval from the New Jersey Department of Transportation; and
WHEREAS, funds are available in Account No. G-01-45-700-022-911, G-01-45-700-023-911, 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 via email on May 15, 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 authorizes an award of contract to Smith Sondy Asphalt Company, Inc., for the 2024 County Road Resurfacing Program under C-24-012 in an amount not to exceed four million six hundred nine thousand three hundred sixty-two dollars and sixty-eight cents ($4,609,362.68) as recommended by the County Engineer.
LET IT BE FURTHER RESOLVED, that the Chief Financial Officer is authorized to appropriate four million six hundred nine thousand three hundred sixty-two dollars and sixty-eight cents ($4,609,362.68) to be used by the Engineering Department for the 2024 County Roadway Resurfacing Program, to be used on an as-needed basis.
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, Director of the Board of County Commissioners, and Purchasing Agent are authorized to execute an agreement with Smith Sondy Asphalt Construction Co., Inc. and take any other steps necessary to carry out the purpose of this Resolution.
KJB May 21, 2024