Title
Dept/ Agency: Administration/Division of Central Purchasing
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Bid Contract(s)
Purpose: To provide for Maintenance and Repair: Masonry.
Entity Name(s)/Address(es):
Bismark Construction Corp., 207-209 Berkley Avenue, Newark, New Jersey 07107
Contract Amount: Not to exceed $800,000.00
Funding Source: 2021 Budget/Department of Public Works, Division of Public Buildings/Business Unit: NW011, Dept. 060, Div./Proj. 0604, Account #71750, Budget Ref. B2021
Contract Period: To be established for a period not to exceed (24) consecutive months
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:
This contract will provide the City of Newark, Department of Public Works, Division of Public Buildings with Maintenance and Repair Masonry Service.
Advertisement: September 22, 2021
Bid Downloaded: Eighteen (18)
Bid Received: Four (4)
Bid Rejected: Three (3)
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WHEREAS, on September 22, 2021, the City of Newark through its Purchasing Agent, QPA (the “City”), advertised to solicit a bid for contractors to provide Maintenance and Repair Masonry for the Department of Public Works, Division of Public Buildings, as described in the attached bid proposal; and
WHEREAS, the Division of Central Purchasing published the bid package on the City of Newark’s new electronic procurement portal to provide a broader access and download capability to potential bidders; and
WHEREAS, on October 7, 2021, the Division of Central Purchasing received four (4) bids in response to this advertisement; and
WHEREAS, two (2) bids were deemed non-responsive due to failure to adhere to the prevailing wage pay schedule; and
WHEREAS, the Director of the Department of Public Works recommended that a dual award be made to: 1) Bismark Construction Corp., 207-209 Berkley Avenue, Newark, New Jersey 07107 and 2) Rana Construction Inc. 430 Madison Avenue, Elizabeth, New Jersey 07201, the responsive and responsible bidders per line item; and
WHEREAS, upon further review Rana Construction Inc. was deemed non-responsive due to failure to fully adhere to the correct prevailing wage pay schedule throughout the entire bid package; and
WHEREAS, the Purchasing Agent recommends that a single award be made to: Bismark Construction Corp., 207-209 Berkley Avenue, Newark, New Jersey 07107, the only responsive and responsible bidder; and
WHEREAS, pursuant to N.J.S.A. 40A:11-24, the recommended bidder consented to holding their prices beyond sixty (60) days; and
WHEREAS, pursuant to N.J.S.A. 19:44A20.5 et seq., solicitations through public bidding in accordance with N.J.S.A. 40A:11-1 et seq., meets the requirements of the Fair and Open Process.
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
1. The Mayor of the City of Newark and/or his designee, the Business Administrator, are hereby authorized to enter into and execute a contract with: Bismark Construction Corp., 207-209 Berkley Avenue, Newark, New Jersey 07107, to provide Maintenance and Repair Masonry for the City of Newark, Department of Public Works, Division of Public Buildings, whose bid was received on the advertised due date and determined to be the only responsive and responsible bidder in accordance with the bid specifications. The term of the contract will be established for twenty-four (24) consecutive months, pursuant to N.J.S.A. 40A:11-15.
2. There shall be no amendment or change of this contract without the approval of the Municipal Council by Resolution.
3. There shall be no advance payment on this contract in accordance with N.J.S.A. 40A:5-16. Funds for 2020 and subsequent years are contingent upon appropriations, pursuant to N.J.A.C. 5:30-5.5(d).
4. This is an open-ended contract to be used as needed during the term of the contract. Thus, for any and all expenditures against this contract, a certification of the availability of sufficient funds, as required by N.J.A.C. 5:30-5.5(b)(2), shall be executed before a contractual liability is incurred each time an order is placed from: Account Code Line: NW011-060-0604-71750- B2021, Department of Public Works, Public Buildings. This contract shall not exceed Eight Hundred Thousand Dollars and Zero Cents ($800,000.00) for one (1) vendor for twenty-four (24) consecutive months with a start date to commence upon fully executed contract.
5. The Purchasing Agent, QPA, shall file a copy of the Resolution and the duly executed copy of the contract shall be filed in the Office of the City Clerk.
6. 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
This Resolution authorizes the Mayor of the City of Newark and/or his designee, the Business Administrator, to enter into and execute a contract with Bismark Construction Corp., 207-209 Berkley Avenue, Newark, New Jersey 07107, to provide Maintenance and Repair Masonry to the City of Newark, Department of Public Works, Division of Public Buildings, at an amount not to exceed $800,000.00 for a period to be established and not to exceed twenty-four (24) consecutive months for one (1) vendor with a start date to commence upon fully executed contract.