City Clerk File No. Res.

Agenda No. 10.5

Approved:
TITLE:
°0 .;
~PORA'fl' ~'P

RESOLUTION RESCINING RESOLUTION 10-626 APPROVED ON SEPTEMBER

15, 2010 AWARING A CONTRACT TO ARCO CONSTRUCTION GROUP FOR
THE CONSTRUCTION OF THE JERSEY CITY POLICE DEPARTMENT WEST
DISTRICT POLICE PRECINCT, PROJECT NO. 2007-002 AN AWARDING THE
CONTRACT TO V ANAS CONSTRUCTION COMPAN, INC.

WHEREAS, the City ofJersey City (City) accepted bids on August 5, 2010 for the construction of the West
District Police Precinct, Project No. 2007-002 (Project); and

WHEREAS, the two lowest bids were:

Arco Construction Group (Arco).....................$9,653,153.00

Vanas 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 pursuant
to N.J.S.A. 40A:1l-16; and

WHEREAS, Arco submitted the missing documents a few hours after the bid reception; and

WHEREAS, Vanas filed a bid protest with the City indicating that the City had to reject Arco' s bid
because of its failure to include the subcontractor's Certificate of Experience and Plant Equipment
& Questionnaire with its proposal; and

WHEREAS, the bid specifications advised that a bidder's failure to include a named subcontractor's
Certificate of Experience would result in an automatic rejection of the bid proposal; and

WHEREAS, after reviewing the cases ofTec Electric, Inc. v. Franlin Lakes Ed. of Education and
Palamar Constr. Inc. v. Tp. of Pennsauken, the Law Deparment determined that Arco' s failure to
include the subcontractor's Certificate of Experience was a minor bid defect which the City could
allow the low bidder to cure; and

WHEREAS, Resolution 10-626 approved on September 15,2010 awarded the Project contract to
Arco; and

WHEREAS, on September 17,2010, Vanas fied a Complaint in Superior Court seeking to overt
the City's contract award to Arco and tò have the contract awarded to Vanas; and

WHEREAS, the Cour issued its decision on October 15, 2010 finding that Arco's bid defect was
a material defect that could not be cured; and

WHEREAS, the Cour declared the award ofthe Project contract to Arco to be void and ordered the
City to review Vanas's bid to determine whether Arco was a "responsible" bidder; and

WH,EREAS, the City's Director of Architecture has completed his review and determined that
Vanas's bid is responsive to the bid specification and that Vanas is a "responsible bidder"; and
Continuation of Resolution Pg. # 2
City Clerk File No. Res. 10-170
Agenoô No. 10.S
ïITLE:

RESOLUTION RESCINING RESOLUTION 10-626 APPROVED ON SEPTEMBER

15, 2010 AWARING A CONTRACT to ARCO CONSTRUCTION GROUP FOR
THE CONSTRUCTION OF THE JERSEY CITY POLICE DEPARTMENT WEST
DISTRICT POLICE PRECINCT, PROJECT NO. 2007-002 AN A WARDING THE
CONTRACT TO VANAS CONSTRUCTION COMPANY, INC.

WHEREAS, the City desires to award the Project contract to Vanas for the sum of $9,750,000.00;
and

WHEREAS, 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. AMOUNT

04-215-55-857-990 101 bl\ 'Z $ 9,750,000.00

04-215-55-857-990 101 Có3 (Contingency) $ 975,000.00
Total Encumbrancy....................... $10,725,000.00

WHEREAS, a grant was awarded by the New Jersey Department of Energy for green related
materials for this Project in the amount of $790, 148.00 (Green Items Only):

ACCOUN NO. . PURCHASE ORDER NO. AMOUNT

02-213-40-000-508 lol~a4 $790,148.00

WHEREAS, the City will encumber the full amount of the grant and drop unused fuds at the end
of the grant funds that will
the Project because the City is unable to determine the exact amount of

be needed because Vanas' s schedule of values fór the green components oÚhe Project has not yet
been submitted to the City.

NOW, THEREFORE BE IT RESOLVED, by the Municipal Council of the City ofJersey City
that:

1. The above recitals are incorporated herein by reference;

2. Resolution 10-627 adopted on September 15,2010 awarding the Project contract to

Arco Constrction Group is hereby rescinded;

3. The bid submitted by Vanas Construction Company, Inc., is accepted and a contract
in theamountof$9,750,000.00 is awarded to Vanas Construction Company, Inc. and
the 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 the
contractor 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;.;
Continuation of Resolution Pg. # 3
City Clerk File No. Res. 10-770
Agenda No. 10.5
TITLE.:

RESOLUTION RESCINING RESOLUTION 10-626 APPROVED ON SEPTEMBER

15, 2010 AWARING A CO:NTRACT TO ARCO CONSTRÛCTION GROUP FOR
THE CONSTRUCTION OF THE JERSEY CITY POLICE DEPARTMENT WEST
DISTRICT POLICE PRECINCT, PROJECT NO. 2007-002 AN AWARING THE
CONTRACT TO V ANAS CONSTRUCTION COMPAN, INC.

5. The award ofthis contract shall be subject to the condition thatthe contractor provide
satisfactory evidence of compliance with the Affrmative Action Amendments to the
Law AgainstDiscrimination, N.J.S.A. 10:5-31 ~ gm.; and

6. 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 ~e
vailable for this expenditure in accordance with the Local Budget Law, N.J.S.A. 40A:4-1 ~ gm.

ACCOUNT NO. PURCHASE ORDER NO. AMOUNT

04-215-55-857-990 tal b4l $ 9,750,000.00
04-215-55-857-990 101 b1l3 (Contingency) ,$ 975,000.00'
Total Encumbrancy....................... $10,725,000.00

RRcw
10/28/10

APPROVED:

APPROVED: h;t~
Business Administrã
APPROVED AS TO LEGAL FORM.
c:
~ei
Certification Required D

Not Required 0
APPROVED
RECORD OF COUNCIL VOTE ON FINAL PASSAGE 11/10110
COUNCILPERSON AYE NAY N.V. . COUNCILPERSON AYE NAY N.V. COUNCILPERSON AYE NAY N.V.
SOnOLANO GAUGHAN VELAZQUEZ
DONNELLY FULOP FLOOD
LOPEZ RICHARDSON BRENNAN, PRES
,l Indicates Vote N.V.-Not Voting (Abstain)

Adopted 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

 RESOLUTION FACT SHEET
OF BID RECEPTION

FULL 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 THE
DEPARTMENT OF PUBLIC WORKS, DIVISION OF ARCHITECTURE
PERSON AND DEPARTMENT REQUESTING BID RECEPTION
Brian F. Weller, L.L.A., Acting Director

PERSON RESPONSIBLE FOR CONDUCTING BID RECEPTION:

Peter Folgado, Director, Division of Purchasing

NUMBER OF PROPOSALS PICKED-UP: Twenty-Three (23)

DATE BIDS WERE PUBLICLY RECEIVED: August 5,2010

NUMBER OF BIDS RECEIVED: Ten (10)

DESCRIBE THE PROGRA OR PROJECT REQUIRING BIDS: .

. JCPD - West District Police Precinct

IN 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 INORMTION
RELEVANT TO THE BID RECEPTION):

Grand-Total
Bid Price
1. Arco Construction Group $ 9,653,153.00
22-24 South 7th Street (Disqualified incurable bid defect)
Elizabeth, NJ 07202
2. Vanas Construction Co., Inc. $ 9,750,000.00
249 Leonia Avenue
Bogota, NJ 07603
3. OnekeyLLC. $ 9,790,000.00
241 Hudson Street
Hackensack, NJ 07601

4. Chanree Construction $ 9,799,000.00

Ramshorn Executive Center
2399 Highway 34, Suite A1
Manasquan, NJ 08736

5. Tormee Construction Inc. $ 9,889,000.00

P.O. Box 7921
Shrewsbury, NJ 07702
6. Austin Helle Co., Inc. $10,072,800.00
886-b2 Pompton Avenue
cear Grove, NJ 07009

7. Alna Construction Corporation $10,225,000.00

100 Plaza center, Suite 2
Secucus, NJ 07094

8. Railroad Construction Co., Inc. $10,665,720.00

75-77 Grove Street
Paterson, NJ 07503

9. Benard Associates, Inc. $10,788,250.00

321 Hamburg Turnpike _
Wayne, NJ 07470
 10. Brockwell & Carrington Contractors Inc. $10,930,000.00
1 Como Court
Towaco, NJ 07082

COMMENTS OF NECESSARY):

BID QUOTATION is CONSIDERED TO BE FAIR AND REASONABLE:

1. r
i CERTIFY THAT ALL THE FACTS
HAVE BEEN PRESENTED

(~úl/l)
I
Date