PPA,

This correspondence shall serve as Nutley Township (the “Township”)’s
response to your request for access to government records pursuant to the
Open Public Records Act, N.J.S.A. 47:1A-1.1, et seq. (“OPRA”), which was
received by the Township on September 20, 2023 during regular office
hours. Below is a list of each request for access and the Township’s
response to the same:

“Please send the final and compiled bid tabulation (Bid Tally), including
all quantities and unit pricing for each bidder, for Vreeland Avenue
Roadway Improvements that was submitted on 8/23/2023 11:00 AM. Below is an
example of the format we are looking for that the engineer usually creates
at the completion of the bid:

|                                                    |      BIDDER 1      
|       BIDDER 2          |

|-------------------------------------------------------------------------------|

| Item | Description | QNT | UNIT | AMOUNT | UNIT | AMOUNT |”

Attached please find the record responsive to this request. Please note
that our bid tabulations do not include unit pricing for each bidder.
Custodians are not required to create new records in response to an OPRA
request. See Bent v. Stafford Police Department, 381 N.J. Super. 30, 37
(App. Div. 2005).

To the extent that you have also requested access to the above government
records under the common law, your stated interest in obtaining the
records must be balanced against the Township of Nutley’s interest in
nondisclosure.  See Loigman v. Kimmelman, 102 N.J. 98 (1986).  The
foregoing response to your request for access to government records
incorporates the aforementioned balancing test.  Please note that "a
party's status as a litigant does not enlarge its access to government
records under OPRA”.  MAG Entm't, LLC v. Div. of Alcoholic Beverage
Control, 375 N.J. Super. 534, 545-46 (App. Div. 2005).  The Township of
Nutley reserves the right to raise any other grounds for denial not raised
in this response.  Failure of the Township of Nutley to assert an
exemption or privilege does not act as a waiver of any grounds for
denial.  Furthermore, a reviewing Court or the Government Records Council
("GRC") may deem a denial of access to be authorized on grounds other that
those advanced by a custodian.  See Paffv. Twp. of Plainsboro,
A-2122-05T2, 2007 WL 957289, at *2 (App. Div., Apr. 2, 2007), affirming,
Paff v. Township of Plainsboro, GRC Complaint No. 2005-29 (March 2006). 
If your request for access to a government record has been denied or
unfilled, you have a right to challenge the decision by the Township of
Nutley to deny access.  At your option, you may either initiate a
proceeding in the Superior Court of New Jersey or file a complaint with
the GRC by completing the Denial of Access Complaint Form.  You may
contact the GRC by toll-free telephone at 866-850-0511, by mail at P.O.
Box 819, Trenton, NJ, 08625, by e-mail at [1][email address], or on
its website at [2]www.state.nj.us/grc.  The GRC can also answer other
questions about the law.  All questions regarding complaints filed in
Superior Court should be directed to the Court Clerk in your County.

Sincerely,

Ceci Tramontana

Deputy Clerk

Office of the Municipal Clerk

Township of Nutley, NJ

References

Visible links
1. mailto:[email address]
2. http://www.state.nj.us/grc

Ms. Baisley,

Our bid tabulations do not include unit pricing for each bidder. The responsive record was created for the Township's use at the time of the bid opening. Custodians are not required to create new records in response to an OPRA request. See Bent v. Stafford Police Department, 381 N.J. Super. 30, 37 (App. Div. 2005).

If you are interested in seeing the unit pricing for each bidder, you may submit a new request asking for copies of the unit pricing pages from each bidder's proposal instead. The requested document on your current request was the bid tabulation, and we provided the responsive record we have on file accordingly.

Thank you,

Ceci Tramontana, RMC
Deputy Municipal Clerk
Municipal Clerk’s Office
Township of Nutley, NJ

show quoted sections