Bid Detail Skipped Costs Road Project, ‘Fatal’ Mistake Shifts Strathmere Job

STRATHMERE – The stretch of highway that links this Upper Township community with Sea Isle City, Commonwealth Avenue, will be repaved for $3.25 million. The project is fully funded by the state Department of Transportation.
Freeholders awarded two contracts Jan. 26 for the road from Sea Isle City’s border to Corson’s Inlet Bridge, one to Asphalt Paving Systems, Inc. of Hammonton for $3,246,000, another to Gibson Associates for construction engineering services for the project for $392,439.
As with many projects, the devil is in the details, and because of a “fatal” mistake, the award went to Asphalt Paving Systems, the second low bidder.
The difference between the lowest bid by Landberg Construction and Asphalt Paving System was $65,000, according to County Engineer Dale Foster.
A bid protest was filed by Asphalt Paving System, which Foster referred to County Counsel James Arsenault for advice.
The freeholder board, as the governing body, has been tasked by the court, as the one that must decide which bidder meets the specifications and has submitted the lowest responsible bid.
Arsenault reported that he had contacted both contractors for support of their positions.
Major “bone of contention” said Arsenault was disclosure of subcontractors.
There is a specific instruction on the bid forms how they must be completed. Subcontractors who are intended to be used in a project must be listed. If the contractor intends to do the work by himself, or his employees, that must be noted by writing “None” on the applicable space.
Arsenault said Landberg disclosed an electrical subcontractor but left the rest blank.
“APS filled them in correctly,” said Arsenault.
“That is a fatal defect that cannot be waived,” he added. Through its attorney, Asphalt Paving System notified Arsenault that it was prepared to pursue the matter through Superior Court if necessary.
Freeholder Director Gerald Thornton said that, in his years on the board, other counsels had urged the board to accept those “fatal” flaws and award the contract to the next responsible bidder. For that reason, he said, “I feel comfortable with what we are doing.”
Ultimately, the original resolution was withdrawn and replaced by one that awarded the contract to Asphalt Paving Systems.
Part of the board’s reasoning was to the project done as soon as possible. Had the board not awarded the contract, it was likely a legal battle may have stalled the work.