west district police precinct contract resolution

8/8/2019 West District Police Precinct Contract Resolution

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City Clerk File No.Agenda No.Approved:TITLE:

Res.10.5

0 .;PORA'fl' ~'PRESOLUTION RESCINING RESOLUTION 10-626 APPROVED ON SEPTEMBER15, 2010 AWARING A CONTRACT TO ARCO CONSTRUCTION GROUP FORTHE CONSTRUCTION OF THE JERSEY CITY POLICE DEPARTMENT WESTDISTRICT POLICE PRECINCT, PROJECT NO. 2007-002 AN AWARDING THECONTRACT TO V ANAS CONSTRUCTION COMPAN, INC.

WHEREAS, the City ofJersey City (City) accepted bids on August 5, 2010 for the construction of the WestDistrict Police Precinct, Project No. 2007-002 (Project); andWHEREAS, the two lowest bids were:

Arco Construction Group (Arco).....................$9,653,153.00Vanas Construction Company, Inc. (Vanasi....$9,750,000.00; and

WHEREAS, Arco did not include with its proposal a Certificate of Experience and a Plant &Equipment Questionnaire for a subcontractor that it was required to name in its proposal pursuantto N.J.S.A. 40A:1l-16; andWHEREAS, Arco submitted the missing documents a few hours after the bid reception; andWHEREAS, Vanas filed a bid protest with the City indicating that the City had to reject Arco' s bidbecause of its failure to include the subcontractor's Certificate of Experience and Plant Equipment& Questionnaire with its proposal; andWHEREAS, the bid specifications advised that a bidder's failure to include a named subcontractor'sCertificate of Experience would result in an automatic rejection of the bid proposal; andWHEREAS, after reviewing the cases ofTec Electric, Inc. v. Franlin Lakes Ed. of Education andPalamar Constr. Inc. v. Tp. of Pennsauken, the Law Deparment determined that Arco' s failure toinclude the subcontractor's Certificate of Experience was a minor bid defect which the City couldallow the low bidder to cure; andWHEREAS, Resolution 10-626 approved on September 15,2010 awarded the Project contract toArco; andWHEREAS, on September 17,2010, Vanas fied a Complaint in Superior Court seeking to overtthe City's contract award to Arco and t have the contract awarded to Vanas; andWHEREAS, the Cour issued its decision on October 15, 2010 finding that Arco's bid defect wasa material defect that could not be cured; andWHEREAS, the Cour declared the award ofthe Project contract to Arco to be void and ordered theCity to review Vanas's bid to determine whether Arco was a "responsible" bidder; andWH,EREAS, the City's Director of Architecture has completed his review and determined thatVanas's bid is responsive to the bid specification and that Vanas is a "responsible bidder"; and


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Continuation of ResolutionCity Clerk File No.Ageno No.

Pg. # 2Res. 10-17010.S

ITLE:

RESOLUTION RESCINING RESOLUTION 10-626 APPROVED ON SEPTEMBER15, 2010 AWARING A CONTRACT to ARCO CONSTRUCTION GROUP FORTHE CONSTRUCTION OF THE JERSEY CITY POLICE DEPARTMENT WESTDISTRICT POLICE PRECINCT, PROJECT NO. 2007-002 AN A WARDING THECONTRACT TO VANAS CONSTRUCTION COMPANY, INC.

WHEREAS, the City desires to award the Project contract to Vanas for the sum of $9,750,000.00;andWHEREAS, in accordance with the requirements of the Local Budget Law, N.J.S.A. 40A:4-1 S;~fuds are available for this contract in the fqllowing accounts:ACCOUN NO. PURCHASE ORDER NO. AMOUNT04-215-55-857-99004-215-55-857-990 101 bl\ 'Z101 C3 (Contingency)Total Encumbrancy.......................

$ 9,750,000.00$ 975,000.00$10,725,000.00

WHEREAS, a grant was awarded by the New Jersey Department of Energy for green relatedmaterials for this Project in the amount of $790, 148.00 (Green Items Only):ACCOUN NO. . PURCHASE ORDER NO. AMOUNT02-213-40-000-508 lol~a4 $790,148.00WHEREAS, the City will encumber the full amount of the grant and drop unused fuds at the endof the Project because the City is unable to determine the exact amount of the grant funds that willbe needed because Vanas' s schedule of values fr the green components ohe Project has not yetbeen submitted to the City.NOW, THEREFORE BE IT RESOLVED, by the Municipal Council of the City ofJersey Citythat:

1. The above recitals are incorporated herein by reference;

2. Resolution 10-627 adopted on September 15,2010 awarding the Project contract toArco Constrction Group is hereby rescinded;3. The bid submitted by Vanas Construction Company, Inc., is accepted and a contractin theamountof$9,750,000.00 is awarded to Vanas Construction Company, Inc. andthe Purchasing Agent is directed to have such a contract drawn up and executed;4. Upon certification by an offcial or employee of the City authorized to attest that thecontractor has complied with the constrction plans and specifications in all respects,and the requirements of the contract met, then; payment to the contractor shall be

made in accordance with the provisions of the Local Fiscal Affairs Law, N.J.S.A..40A:5-1 ~g;.;


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Continuation of ResolutionCity Clerk File No.Agenda No.

Pg. # 3Res. 10-77010.5

TITLE.:

RESOLUTION RESCINING RESOLUTION 10-626 APPROVED ON SEPTEMBER15, 2010 AWARING A CO:NTRACT TO ARCO CONSTRCTION GROUP FORTHE CONSTRUCTION OF THE JERSEY CITY POLICE DEPARTMENT WESTDISTRICT POLICE PRECINCT, PROJECT NO. 2007-002 AN AWARING THECONTRACT TO V ANAS CONSTRUCTION COMPAN, INC.5. The award ofthis contract shall be subject to the condition thatthe contractor providesatisfactory evidence of compliance with the Affrmative Action Amendments to theLaw AgainstDiscrimination, N.J.S.A. 10:5-31 ~ gm.; and6. The Mayor or Business Administrator is hereby authorized to execute a contract on .~il' City oO'''Y City.

I .. onna Mauer, as Chief Financial Officer hereby certify that these funds ~evailable for this expenditure in accordance with the Local Budget Law, N.J.S.A. 40A:4-1 ~ gm.ACCOUNT NO.04-215-55-857-99004-215-55-857-990

PURCHASE ORDER NO.tal b4l101 b1l3 (Contingency)Total Encumbrancy.......................AMOUNT

$ 9,750,000.00,$ 975,000.00'$10,725,000.00

RRcw10/28/10

APPROVED: h;t~usiness Administr APPROVED AS TO LEGAL FORM.c: ~eiPPROVED:Certification Required DNot Required 0

RECORD OF COUNCIL VOTE ON FINAL PASSAGE 11/10110COUNCILPERSON AYE NAY N.V. . COUNCILPERSON AYE NAY N.V. COUNCILPERSON AYE NAY N.VSOnOLANO GAUGHAN VELAZQUEZDONNELLY FULOP FLOODLOPEZ RICHARDSON BRENNAN, PRES

APPROVED

,l Indicates Vote N.V.-Not Voting (AbstaAdopted at a meeting of the Municipal Council of the City of Jersey City N.J.

Peter M. Brennan, President of Council Robert Byrne, City Clerk


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RESOLUTION FACT SHEETOF BID RECEPTIONFULL TITLE OF RESOLUTION:RESOLUTION AUTHORIZING THE AWAR oF' A CONTRACT TO V ANAS CONSTRUCTION CO.,INC. FOR THE NEW WEST DISTRICT POLICE PRECINCT, PROJECT NO. 2007-002 FOR THEDEPARTMENT OF PUBLIC WORKS, DIVISION OF ARCHITECTUREPERSON AND DEPARTMENT REQUESTING BID RECEPTIONBrian F. Weller, L.L.A., Acting DirectorPERSON RESPONSIBLE FOR CONDUCTING BID RECEPTION:Peter Folgado, Director, Division of PurchasingNUMBER OF PROPOSALS PICKED-UP: Twenty-Three (23)DATE BIDS WERE PUBLICLY RECEIVED: August 5,2010NUMBER OF BIDS RECEIVED: Ten (10)DESCRIBE THE PROGRA OR PROJECT REQUIRING BIDS: .

. JCPD - West District Police PrecinctIN THE SPACE BELOW, PROVIDE DETAILED INFORMATION FOR: .

(A) COMPLETE NAME AND ADDRESS OF ALL BIDDERS AND THEIR(B) BID RESULTS (DESCRIPTION OF BID ITEMS - INCLUDING QUANTITY OF ITEMS BID

UPON, UNT PRICES, EXTENDED PRICES, ANl ANY OTHR PERTINNT INORMTIONRELEVANT TO THE BID RECEPTION):

1. Arco Construction Group22-24 South 7th StreetElizabeth, NJ 072022. Vanas Construction Co., Inc.249 Leonia Avenue

Bogota, NJ 07603OnekeyLLC.241 Hudson StreetHackensack, NJ 07601Chanree ConstructionRamshorn Executive Center2399 Highway 34, Suite A1Manasquan, NJ 08736Tormee Construction Inc.P.O. Box 7921Shrewsbury, NJ 07702Austin Helle Co., Inc.886-b2 Pompton Avenuecear Grove, NJ 07009

3.

4.

5.

6.

7. Alna Construction Corporation100 Plaza center, Suite 2Secucus, NJ 07094

8. Railroad Construction Co., Inc.75-77 Grove StreetPaterson, NJ 075039. Benard Associates, Inc.321 Hamburg Turnpike _Wayne, NJ 07470

Grand-TotalBid Price$ 9,653,153.00(Disqualified incurable bid defect)$ 9,750,000.00

$ 9,790,000.00

$ 9,799,000.00

$ 9,889,000.00

$10,072,800.00

$10,225,000.00

$10,665,720.00

$10,788,250.00


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10. Brockwell & Carrington Contractors Inc.1 Como CourtTowaco, NJ 07082

$10,930,000.00

COMMENTS OF NECESSARY):BID QUOTATION is CONSIDERED TO BE FAIR AND REASONABLE:1.

Date (~l/l)I

rCERTIFY THAT ALL THE FACTSHAVE BEEN PRESENTED

west district police precinct contract resolution

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