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~~It V~e' - . 0, , - Jersey City

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Continuation of Resolution<br />

, <strong>City</strong> Clerk File No.<br />

Agenda No.<br />

TITLE:<br />

Res. 10-489<br />

10.Z.21 JUl i 4 2010<br />

RESOLUTION AUTHORIZING THE AWARD OF A CONTRACT TO JOSEPH M. SANZARI, INC.,<br />

FOR NEWARK AVENUE ROADWAY IMPROVEMENTS FEDERAL PROJECT NO. FS-7851<br />

(102) JERSEY CITY PROJECT NO. 09-006 FOR THE DEPARTMENT OF PUBLIC WORKS, .<br />

DIVISION OF ENGINEERING, TRAFFIC AND TRANSPORTATION.<br />

proposal; and '<br />

WHEREAS, the <strong>City</strong>'s Law Department reviewed Sanzari's bid documents and determined that<br />

its bid had to be rejected because the. Certificate of Experience was not submitted with its bid.<br />

WHEREAS, the Law Department notified Sanzari that its bid was rejected by letter dated May 14,<br />

2010; and<br />

WHEREAS, Sanzari objected to the rejection of its bid by letter dated May 20, 2010; and<br />

WHEREAS, by letter dated May 27, 2010, the Law Department notified Sanzari that its failure to<br />

submit the electrician's Certificate was a minor bid defect that the <strong>City</strong> would allow Sanzari to cure<br />

based on the court's decision in Tee Elec v. Franklin Lakes Bd., 284 N.J. Super. 480 (Law<br />

Div.1995);and<br />

WHEREAS, Sanzari cured its bid defect by submitting the Certificate to the <strong>City</strong>; and<br />

WHEREAS, the <strong>City</strong> Engineer and the <strong>City</strong>'s consultant Medina Consultants now known as TV Lin<br />

International has completed its review and determined that Sanzari's bid is responsive to the BiO<br />

Specifications and that Sanzarj is a responsible bidder; and .<br />

WHEREAS, the <strong>City</strong> Purchasing Agent has certified that he considers said bid to be fair and<br />

reasonable; and<br />

WHEREAS, funds for this project are being provided by the American Recovery and Reinvestment<br />

Act ( ARRA) and Newark Avenue <strong>City</strong> Capital Funds; and<br />

WHEREAS, these funds are available" for this expenditure in the amounts shown below in<br />

accordance with requirements of the Local Budget Law N.J.SA 40A:4-1 et.seg.: and<br />

Account No. 02-213-40-099-314<br />

(ARRA GRANT)<br />

Account No. 04-215-55-880-990 P.O.# 1004-4<br />

(NJDOT NON- PARTICIPATING WORK: NEWARK AVE CITY CAPITAL)<br />

TOTAL BASE BID+ALTERNATE A<br />

Account No. 04-215-55-880-990<br />

(NEWARK AVE CITY CAPITAL) 20% CONTINGENCY<br />

TOTAL ENCUMBRANCE<br />

Pg.#<br />

P.O.# iCO%' $2,644,817.80<br />

P.O.# JODL¥3<br />

2<br />

$ 524,250.00<br />

$3,169,067.80<br />

$ 633,813.56<br />

$3,802,881.36<br />

NOW, THEREFORE, BE IT RESOLVED, by the Municipal Council of the .city of <strong>Jersey</strong> <strong>City</strong> that:<br />

1. The above recitals are incorporated by reference; and<br />

2. The said bid of the aforementioned Joseph M. Sanzari, Inc" be accepted and that a<br />

contract be awarded to said Company in the above amount and the <strong>City</strong> Purchasing Agent is<br />

directed to have such a contract drawn up and executed; and<br />

3. That upon certification by an offcial or employee onhe Cit authorìzed to attest that the<br />

contract has complied with the construction plans and specifcations in all respects,' and the<br />

requirements of thecontràct met, then; payment to the Contractor shall be made in accordance<br />

with the provisions of the Local Fiscal Affairs Law, N.J.S.A.40A:5-1 et.seg.; and

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