HomeMy Public PortalAboutr 10-241
2Rezolutiou of fIre tiorougIr of C!Ictderef) ~+ 31+
10-241
No.
Date of Adoption
S~ptember 23, 2010
AWARDING CONTRACT FOR THE CARTERET WATERFRONT
PROMENADE MOORlNG BOLLARD AND RECREATION PIER PROJECT
WHEREAS, the Borough of Carterct ("Borough") has previously authorized the
preparation of bid specifications and contract documents and has twice advertised for
- receipt of bids for the Carteret \Vaterfront Promenade Mooring Bollard and Recreation
Pier Project ("Project"), having rejected all of the fIrst bid submittals received because
they exceeded the Borough Engineer's estimate for the contract work for the Project; and
WHEREAS, upon re-bidding for the Project, the Borough received Five (5) bids on
September 16, 2010; and
\VHEREAS, the two (2) lowest price bids for the contract items selected are as follows:
Bird Constmction
Atlantic Subsea, Inc.
Base Bid + Addition Item A
$2,413,522.00
$2,586,845.00
;and
\VHEREAS, upon review of documentation received by Borough's Consulting Engineer
for the Project, CwfE Associates ("CMEll), from Bird Construction ("Bird"), in response
to CME's inquiry relative to Bird's apparent non.confomlallce with Section 3.15 of the
contract specifications at the time of the bid, which required all bidders on the Project,
and their subcontractors, to participate in craft training through an apprenticeship
program approved by either the United States or New Jersey Departments of Labor; and
\VHEREAS, the Law Director believes that said requirement is of a material nature and
non.waivable considering, at a minimum, its potential influence on prospective bidders
who could not satisfY this requirement to refrain from bidding on the Project; and
therefore the bid by Bird Construction must be deemed non-compliant with the bid
specifications and, therefore, rejected along with three (3) other remaining bidders; and
WHEREAS, CtvlE has also indicated the bid by Bird Construction suffered from an
irregularity with the bid specifications by failing to include the required certificate of
experience for its listed subcontractor; and
\VHEREAS, CNfE Associates, has reviewed the above referenced bid proposal(s) and
has indicated that the bid submitted by Atlantic Subsea, Inc. ("Subsea") is full)' compliant
with the bid specifications and is therefore the lowest qualifying bidder; and
WHEREAS, the Borough's Chief Financial Officer has certified that nmds are or will be
available for the award of a contract for said work.
NOW THEREFORE BE IT RESOLVED by the Mayor and Council of the Borough of
Carteret, County of Middlesex and State of New Jersey as follows:
1. That the Borough hereby awards the bid for the Carteret Waterfront
Promenade Nlooring Bollard and Recreation Pier Project to Atlantic Subsea,
Inc., for the Base Bid and Addition Item A in the amount of$2,586,845.00.
NO.
10-7.41
PAGE 2
2. That the appropriate Borough Oft1cials are hereby authorized and directed to
enter into a contract with Atlantic Subsea, Inc., for the Base Bid and Addition
Item A ill the amount of$2,586,845.00, aU in accordance with the request for
proposals and bid on the same.
3. That the bid submittals for the other four (4) bidders, including the
non- complaint bid by Bird Constmction, are hereby rejected and the
bid bonds of said bidders are hereby directed to be returned.
4. That a copy of this ResQlution shall be forwarded to the Borouoh's
Purchasing Department and CME Associates to implement the Oactions
provided for herein.
Adopted this 23" day of September, 20 I 0
and certified as a true copy of the
original Oil September 24, 2010.
KA TIILEEN M. BAfu'\'EY, iVlMC
Municipal Clerk
RECORD OF COUNCIL VOTE
COUNCIUIAN I YES NO NV A.B. COUNCILMAN YES NO NV A.B.
Rm T TMn y KRUM y
ii DIAZ v NAPLES X
II DI MASCIO y i SITARZ X
II i --
X -Indicale Vote AS-Absent NY . Not VOling XOR - Indiralc:,: Vote to Overrule Vew
Adopteo al a meeting of the Municipal Council
4 S,{tember
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