Title
Dept/ Agency: Engineering
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Bid Contract
Purpose: Renovations at the Municipal Court 21-45 Green Street (a/k/a 31 Green Street), Newark, New Jersey 07102
Entity Name: Bismark Construction Corp.
Entity Address: 207-209 Berkeley Avenue, Newark, New Jersey 07107
Contract Amount: $4,784,000.00
Funding Source: Essex County Improvement Authority ("ECIA")
Contract Period: One (1) Year from the Issuance of a Notice to Proceed
Contract Basis: (X) Bid ( ) State Vendor ( ) Prof. Ser. ( ) EUS
(X) Fair & Open ( ) No Reportable Contributions ( ) RFP ( ) RFQ
( ) Private Sale ( ) Grant ( ) Sub-recipient ( ) n/a
Additional Information:
Bids Solicited: Twelve (12)
Bids Received: Six (6)
Bids Rejected: Two (2)
Contract #19-2013, Renovations at the Municipal Court 21-45 Green
Street (a/k/a 31 Green Street, Newark, New Jersey 07102)
Invitation: Director of Engineering, June 17, 2014
No Action Taken, June 18, 2014
body
WHEREAS, on November 15, 2013, the Department of Engineering, City of Newark, advertised for the receipt of sealed bids for Contract #19-2013, Renovations at the Municipal Court 21-45 Green Street (a/k/a 31 Green Street), Newark, New Jersey 07102, in accordance with the public bidding procedures of the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.; and
WHEREAS, twelve (12) contractors, picked up bid packages for Contract #19-2013, Renovations at the Municipal Court 21-45 Green Street (a/k/a 31 Green Street), Newark, New Jersey 07102, and subsequently invited to do a visual inspection of the building on November 22, 2013; and
WHEREAS, on January 23, 2014, the scheduled date for the public opening of bids, six (6) bids were received; and
WHEREAS, the lowest numerical bid, received by M&M Construction Co., 540 North Avenue, Union, New Jersey, was rejected because it was materially defective and non-responsive (See Attachment A); and
WHEREAS, the second numerical bid, received by Frankoski Construction Co., Inc., 314 Dodd Street, East Orange, New Jersey, was rejected because it was materially defective and non-responsive (See Attachment B); and
WHEREAS, after a review of the bids received, 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 execute Contract #19-2013, Renovations at the Municipal Court 21-45 Green Street (a/k/a 31 Green Street), Newark, New Jersey 07102, with the lowest responsible bidder, Bismark Construction Corp., 207-209 Berkeley Avenue, Newark, New Jersey 07107, in the total bid amount of $4,784,000.00 (Base Bid for $3,984,000.00 + Allowance + Items 2, 3, & 4 + AW-1, AW-2 and AW-3); and
WHEREAS, the Director of the Department of Engineering desires to accept the bid proposal and execute Contract #19-2013, Renovations at the Municipal Court 21-45 Green Street (a/k/a 31 Green Street), Newark, New Jersey 07102, with Bismark Construction Corp, 207-209 Berkeley Avenue, Newark, New Jersey 07107, as the lowest responsible bidder, for the total amount of $4,784,000.00 (Base Bid for $3,984,000.00 + Allowance + Items 2, 3, & 4 + AW-1, AW-2 and AW-3)
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 hereby authorized on behalf of the City of Newark to accept the bid submitted by the lowest responsible bidder, Bismark Construction Corp, 207-209 Berkeley Avenue, Newark, New Jersey 07107, and execute Contract #19-2013, Renovations at the Municipal Court 21-45 Green Street (a/k/a 31 Green Street), Newark, New Jersey 07102, for the amount not to exceed $4,784,000.00 (for the total amount of $4,784,000.00 (Base Bid for $3,984,000.00 + Allowance + Items 2, 3, & 4 + AW-1, AW-2 and AW-3).
2. The term of the contract shall be one (1) year from the issuance of a written Notice to Proceed by the Director of the Department of Engineering.
3. Pursuant to N.J.S.A. 40A:11-15(9), the term of this contract can be extended by a resolution of the Municipal Council for the time period authorized and necessary to complete actual construction.
4. No amendment or modification to this contract shall be allowed without prior Municipal Council approval.
5. A fully executed copy of the contract and the Notice to Proceed shall be filed in the Office of the City Clerk by the Director, Department of Engineering or his designee.
6. Funds for this contract in the amount of $4,784,000.00 shall be provided by the Essex County Improvement Authority ("ECIA"), through the Bank of New York Mellon and payments made for this project shall be monitored by the City of Newark, Department of Finance.
7. This contract was advertised and awarded in compliance with the Local Public Contracts Law, N.J.S.A. 40A:11-1, et seq.
8. This public bidding process under the Local Public Contracts Law, N.J.S.A. 40A:11-1, et seq.; complies with Fair and Open process of the State of New Jersey Local Unit Pay-to-Play Law, N.J.S.A. 19:44A-20.5, and is in compliance with the City of Newark Executive Order and Pay-to-Play (MEO-07-0001) and the Contractor Pay-to-Play Reform Ordinance, 6PSF-a, adopted August 1, 2012.
9. A memorandum from the Director of Engineering is annexed stating that the total cost of construction is not anticipated to exceed the threshold set forth in Revised Newark Ordinance 2:4-22D, et seq.
10. A notice of the award of this contract shall be made to the New Jersey State Comptroller by the Office of the City Clerk, on the form annexed hereto, in accordance N.J.S.A. 52:15C-10.
STATEMENT
This resolution authorizes the Mayor and/or his designee, the Director of the Department of Engineering, to accept the bid submitted by the lowest responsible bidder, Bismark Construction Corp, 207-209 Berkeley Avenue, Newark, New Jersey 07107, and execute Contract #19-2013, Renovations at the Municipal Court 21-45 Green Street (a/k/a 31 Green Street), Newark, New Jersey 07102, for an amount not to exceed $4,784,000.00 (Base Bid for $3,984,000.00 + Allowance + Items 2, 3, & 4 + AW-1, AW-2 and AW-3).