Title
Dept./ Agency: Engineering
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Bid Contract
Purpose: To provide for the renovation of Ridgewood Park
Entity Name: Zenith Construction Services, Inc.
Entity Address: 365 Thomas Boulevard, Orange, New Jersey 07050
Contract Amount: Not to exceed $459,500.00
Funding Source: 2019 Budget/Department of Engineering/NW026-1601-32720-B2019
Funding Account Codes: Open Space Trust Fund
Contract Period: 180 consecutive calendar days from the date of a written Notice to Proceed issued by the Director of Engineering and/or his designee
Contract Basis: (X) Bid ( ) State Vendor ( ) Prof. Ser. ( ) EUS
( ) Non-Fair & Open ( ) No Reportable Contributions ( ) RFP ( ) RFQ
( ) Private Sale ( ) Grant ( ) Sub-recipient ( ) n/a
Addition Information:
body
WHEREAS, on June 24, 2021, the City of Newark (the “City”), pursuant to N.J.S.A. 40A:11-1, et seq., publicly advertised and solicited bids for the Renovation of Ridgewood Park, Contract #2021-01 (the “Project”); and
WHEREAS, in accordance with that advertisement, the bids were received, publicly opened, and read aloud on July 15, 2021; and
WHEREAS, the project specifications required that bidders construct the Project in accordance therewith and with the proposed Contract Documents; and
WHEREAS, after investigation, Z-Tech Contracting, LLC, submitted a bid of Three Hundred Forty-Seven Thousand Three Hundred Fourteen Dollars and Eleven Cents ($347,314.11), that is so unnaturally low that it impacts fair and competitive bidding by other qualified bidders, and will necessarily lead to requests for additional compensation that would likely exceed the cost of the second low bidder and impede or prevent timely Project progress and completion; and
WHEREAS, the bid submitted by Z-Tech Contracting, LLC, therefore, is non-responsive because it is not in compliance with the bid specifications and the requirements of N.J.S.A. 40A:11-1, et seq.; and
WHEREAS, Zenith Construction Services, Inc., the second lowest bidder on the Project, submitted a bid in the total amount of Four Hundred Fifty-Nine Thousand Five Hundred Dollars and Zero Cents ($459,500.00), per the project specifications and N.J.S.A. 40A:11-1, et seq.; and
WHEREAS, Zenith Construction Services, Inc. possesses the required qualifications and/or identified all required subcontractors per the bid specifications such that there are no material defects in Zenith Construction Services, Inc.’s bid and therefore, it is the lowest responsible and responsive bidder for the project; and
WHEREAS, the Director of the Department of Engineering has determined that it is in the best interest of the City of Newark to accept the bid proposal and enter into and execute Contract #2021-01 for Renovation of Ridgewood Park, located at 189-193 West Bigelow Street, Newark, New Jersey 07108, Block 2693, Lot 30, with the lowest responsible bidder, Zenith Construction Services, Inc., 365 Thomas Boulevard, Orange, New Jersey 07050, in the total bid amount of Four Hundred Fifty-Nine Thousand Five Hundred Dollars and Zero Cents ($459,500.00); and
WHEREAS, the proposed project consists of, but is not limited to, site clearing, earthwork, fencing, concrete work, landscaping, play structures and safety surfacing; and
WHEREAS, the public advertisement and the receipt of public bids and the award of the contract to the lowest responsible bidder, pursuant to the Local Public Contracts Law, N.J.S.A. 40A:11-1, et seq. constitutes a Fair and Open Process.
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
1. The Board hereby rejects Z-Tech Contracting, LLC’s bid for the reasons identified above.
2. The City of Newark awards the contract for the Project (Contract #2021-01) to Zenith Construction Services, Inc., in the total contract lump sum of Four Hundred Fifty-Nine Thousand Five Hundred Dollars and Zero Cents ($459,500.00), subject to the terms and conditions of a contractual agreement pending review by the City’s Corporation Counsel.
3. The Director of the Department of Engineering has determined that it is in the best interest of the City of Newark to accept the bid proposal and enter into and execute Contract # 2021-01, for Renovation of Ridgewood Park, located at 189-193 West Bigelow Street, Newark, New Jersey 07108, Block 2693, Lot 30, with the lowest responsible bidder, Zenith Construction Services, Inc., 365 Thomas Boulevard, Orange, New Jersey 07050, in the total bid amount of Four Hundred Fifty-Nine Thousand Five Hundred Dollars and Zero Cents ($459,500.00); and
4. Attached hereto are Certifications of Funds issued by the Chief Financial Officer, City of Newark, which state that there are available sufficient legally appropriated funds in the amount of Four Hundred Fifty-Nine Thousand Five Hundred Dollars and Zero Cents ($459,500.00), for the purposes set forth herein. Copies of the Certification of Funds shall be filed in the Office of the City Clerk by the Director of the Department of Engineering, together with this Resolution.
5. No changes to this contract shall be allowed or authorized without prior Municipal Council approval.
6. A fully executed copy of the contract shall be filed in the Office of the City Clerk, by the Director of the Department of Engineering and/or his designee.
7. This contract is to be completed within a period of 180 consecutive calendar days from the issuance of a formal Notice to Proceed by the Director of the Department of Engineering.
8. The public bidding process under the New Jersey Local Public Contracts Law, N.J.S.A. 40A:11-1, et seq., complies with the Fair and Open Process of the State of New Jersey Local Unit Pay-to-Play Law, N.J.S.A. 19:44A-20.5, et seq.
9. There shall be no advance payments made against this contract in accordance with N.J.A.C. 40A:5-16.
10. If required by State Law, the City Clerk shall provide the appropriate Notice of the Award of this contract to the State Comptroller, no later than twenty (20) business days following such award, in accordance with N.J.S.A. 52:15C-10 and the Notice of the Office of the State Comptroller dated May 7, 2008.
STATEMENT
A Resolution authorizing the Mayor of the City of Newark and/or his designee, the Director of the Department of Engineering, to award Contract #2021-01, for Renovation of Ridgewood Park, located at 189-193 West Bigelow Street, Newark, New Jersey 07108, Block 2693, Lot 30 with the lowest responsible bidder, Zenith Construction Services, Inc., 365 Thomas Boulevard, Orange, New Jersey 07050, in the total bid amount of $459,500.00. This contract is to be completed within a period of 180 consecutive calendar days from the date of a written Notice to Proceed issued by the Director of the Department of Engineering and/or his designee.