Title
Dept/ Agency: Engineering
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Bid Contract
Purpose: To provide Renovation of JFK Recreation Center.
Entity Name: Brahma Construction Corp.
Entity Address: 1360 Route 23, Wayne, New Jersey 07470
Contract Amount: Not to exceed $2,600,679.00
Funding Source: Community Development Block Grants (CDBG)
Contract Period: One (1) year from the date of the written Notice to Proceed
Contract Basis: (X) Bid ( ) State Vendor ( ) Prof. Ser. ( ) EUS
( ) Fair & Open ( ) No Reportable Contributions ( ) RFP ( ) RFQ
( ) Private Sale ( ) Grant ( ) Sub-recipient ( ) n/a
Additional Information:
Bids Solicited: 5
Bids Received: 3
Bids Rejected: 1
body
WHEREAS, on February 18, 2020, Department of Engineering, City of Newark, advertised for the receipt of bids for Contract #2020-01 for Renovation of JFK Recreation Center located at 203-217 West Kinney Street Newark, New Jersey 07103, Block 2524 lot 1, pursuant to the Local Public Contracts Laws, N.J.S.A. 40A:11-1 et seq.; and
WHEREAS, on February 21, 2020, five (5) contractors who picked up bid packages for Contract 2020-01 for Renovation of JFK Recreation Center located at 203-217 West Kinney Street, Newark, New Jersey 07103, Block 2524 lot 1, were invited to do a visual inspection of the site; and
WHEREAS, on March 10, 2020, the City issued, via facsimile, Addendum #1 to all contractors who picked up bid packages to answer all questions from bidders, the bid due date to remain March 19, 2020 at 10am; and
WHEREAS, on March 11, 2020, the City issued, via facsimile, a revised Addendum #1REV to all contractors who picked up bid package, because the City did not have facsimile confirmations for Addendum #1. Addendum #1Rev also extended the bid opening date to March 26, 2020 at 10:00 am giving proper time of notice; and
WHEREAS, on March 23, 2020, the City issued, via facsimile, Addendum #2 to all contractors who picked up bid packages, extending the bid opening due date to May 21, 2020 at 10:00 am, in response to the Coronavirus (COVID-19) and the health and safety of public and employees; and
WHEREAS, on May 20, 2020, the City issued, via facsimile, Addendum #3 to all contractors who picked up bid packages, extending the bid due date to June 18, 2020 at 10:00 am, in response to the Coronavirus (COVID-19) and the health and safety of public and employees; and
WHEREAS, on June 4, 2020, the City issued, via facsimile, Addendum #4 to all contractors who pick up bid packages, changing the bid opening location to the JFK Recreation Center to provide all in attendance the appropriate social distancing as a result of the Coronavirus (COVID-19) and the health and safety of public and employees; and
WHEREAS, on June 18, 2020, the City received two bids from (2) contractors who picked up bid packages for Contract #2020-01 for Renovation of JFK Recreation Center, 203-217 West Kinney Street, Newark, New Jersey 07103, Block 2524 lot 1; and
WHEREAS, the City rejected the bid received from Brahma Construction Corp. because it has determined that the bidder’s bid sheet was not correctly completed and the City determined that they were not the lowest bidder; and
WHEREAS, Brahma Construction Corp. filed a court action against the City, Brahma Construction Corp., v. City of Newark and Bismark Construction, Inc., Docket No.: ESX-L 005287-20, challenging the rejection of their bid which was eventually Dismissed without prejudice; and
WHEREAS, the Director of the Department of Engineering re-reviewed the specifications and the bids received and determined an error had been made in evaluating the bids and found that Brahma was in fact the lowest responsible bidder, thereby requiring the rescission of the rejection letter issued to Brahma (copy attached); and
WHEREAS, the Director of the Department of Engineering accepted the bid proposal of the lowest responsible bidder, Brahma Construction Corp., 1360 Route 23 Wayne, New Jersey 07470 and recommends that the City execute Contract #2020-01 for Renovation of JFK Recreation Center located at 203-217 West Kinney Street, Newark New Jersey 07103, with Brahma Construction Corp., 1360 Route 23, Wayne, New Jersey 07470, for the total bid amount not to exceed $2,600,679.00 (Base Bid for $2,540,000.00 + Alternate GC1 $20,608.00 + Alternate GC2 $40,071.00 ); and
WHEREAS, the proposed project consists of, but is not limited to, renovation of existing gymnasium, demolition of spaces, electrical, HVAC, plumbing, flooring, painting, steelwork, site amenities; 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 pursuant.
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
1. The Mayor and/or his designee the Director of the Department of Engineering is authorized to accept the bid submitted by the lowest responsible bidder, Brahma Construction Corp., 1360 Route 23 Wayne, New Jersey 07470, and execute Contract #2020-01 Renovation of JFK Recreation Center located at 203-217 West Kinney Street, Newark, New Jersey 07103, with them for the total bid amount not to exceed $2,600,679.00 (Base Bid for $2,540,000.00 + Alternate GC1 $20,608.00 + Alternate GC2 $40,071.00).
2. Funding source for the project are listed below:
|
CDBG |
Year |
Award |
Amount |
Project Codes |
Legistar # |
|
|
A13 |
38th |
$6,623,599.00 |
$21,936.00 |
027-A13-EU3B0 |
20-0936 |
Pub Fac & Impr.2012 |
|
A13 |
39th |
$6,752,671.00 |
$37,324.00 |
027-A13-EU3C0 |
20-0941 |
Pub Fac & Impr.2013 |
|
A15 |
40th |
$6,569,453.00 |
$1,323.00 |
027-A15-EA590 |
20-0935 |
Pub Fac & Impr.2014 |
|
A15 |
41st |
$6,519,425.00 |
$355,846.00 |
027-A15-EC5F0 |
20-0940 |
Pub Fac & Impr.2015 |
|
A17 |
42nd |
$6,402,859.00 |
$416,727.00 |
027-A17-EC7F0 |
20-0939 |
Pub Fac & Impr.2016 |
|
A18 |
43rd |
$6,490,035.00 |
$526,437.00 |
027-A18-EC180 |
20-0938 |
Pub Fac & Impr.2017 |
|
A18 |
44th |
$7,175,818.00 |
$211,268.00 |
027-A18-EC849 |
20-0937 |
Pub Fac & Impr.2018 |
|
A19 |
45th |
$7,136,919.00 |
$1,029,818.00 |
027-A19-EC900 |
19-1465 |
Pub Fac & Impr.2019 |
|
|
|
Total |
$2,600,679.00 |
|
|
|
3. Attached hereto are Certification of Funds issued from the Director of Finance/ Chief Financial Officer, City of Newark which states that sufficient funds for the entire contract are available in the amount of $2,600,679.00 for the purposes set forth herein. A copy of the Certification of Funds shall be filed in the Office of the City Clerk by the Director of Engineering together with this resolution.
4. No changes to this contract shall be allowed or authorized without prior Municipal Council approval.
5. A fully executed copy of the contract shall be filed in the Office of the City Clerk, by the Director of the Department Engineering or his designee.
6. This contract is to be completed within a period of 365 consecutive calendar days from the issuance of a formal Notice to Proceed by the Director of the Department of Engineering. Further, consistent with N.J.S.A. 40A:11-15(9) the Director of Engineering is authorized to extend the contract when necessary for the completion of the actual construction.
7. 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.
8. There shall be no advance payments made against this contract in accordance with N.J.A.C. 40A:5-16.
9. 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
Resolution authorizing the Mayor and/or his designee, the Director of the Department of Engineering, to award Contract #2020-01 for Renovation of JFK Recreation Center located at 203-217 West Kinney Street, Newark, New Jersey 07103, Block 2524 lot 1, in the total bid amount not to exceed $2,600,679.00 (Base Bid for $2,540,000.00 + Alternate GC1 $20,608.00 + Alternate GC2 $40,071.00, for a total amount not to exceed $2,600,679.00), to the lowest responsible bidder Brahma Construction Corp.,1360 Route 23, Wayne, New Jersey 07470. This contract is to be completed within a period of 365 consecutive calendar days from the issuance of a formal Notice to Proceed by the Director of the Department of Engineering and is authorized to extend the contract when necessary for the completion of the actual construction as permitted by law.