Township Council Minutes
February 7, 2006
The Regular Public Meeting of the Mount Olive Township Council was called to Order at 7:30 pm by Council President Greenbaum with the Pledge of Allegiance.
PLEDGE OF ALLEGIANCE & MOMENT OF REFLECTION in recognition of the men and women fighting terrorism and those who have lost their lives defending the freedom we all enjoy
OPEN PUBLIC MEETINGS ACT ANNOUNCEMENT
According to the Open Public Meetings Act, adequate notice of this meeting has been given to the Mount Olive Chronicle. Notice has been posted at the Municipal Building, 204 Flanders-Drakestown Road, Mount Olive Township, New Jersey and notices were sent to those requesting the same.
ROLL CALL Present: Mr. Tepper, Mr. Buell, Mr. Biondi, Mrs. Labow, Mr. Perkins, Mr. Rattner,
Also Present: Mr. Prill, Business Administrator; Mr. Semrau, Township Attorney;
Mrs. Jenkins, CFO; Mrs. Lashway, Township Clerk;
President Greenbaum: Mr. Prill, do you know if the Mayor is coming this evening?
Mr. Prill: I know he was at a function at one of the schools and he wasn’t sure how long that was going to last, so he may come in later but I don’t know what time that might be.
President Greenbaum: Thank you. The Special Public Meeting was called with respect to the Resolution of:
1. Resolution of the Township Council of the Township of Mount Olive Awarding a Contract to Amstar of Western New York, Inc. for the coating of Camelot Water Storage Tank.
President Greenbaum: As had been previously identified, the award to Amstar was not the low or the high bid but was the lowest qualified bid, was the way that it was explained to us and it was about $120,000 over the low bid and we wanted further explanation. Mr. Quinn, if you could come up and explain the Administration’s position...is that expectable to you Mr. Prill, that Mr. Quinn...or are you prepared to do it?
Mr. Prill: No. That’s fine, if Council has any questions, Tim would probably be best to be able to answer those particulars.
Mr. Quinn: Basically, we spoke to the Engineering Firm PCI to confirm that their quote for this project, the $536,800, was an accurate estimate for this project. They agreed to us that it was a qualified and accurate estimate for the scope of this project. One of the major parts of this project is a temporary water supply that will have to be put in place by the Indian Springs wells to accommodate the 270 homes that count on water supply from this tower. That’s basically one of the biggest parts of this project, the separate water supply. We did some checking on Amstar and found that they are a qualified corporation that is capable of performing this task. Any questions?
President Greenbaum: Why was the low bidder excluded or not chosen as the bid award contractor?
Mr. Quinn: Magnum and JPI, Magnum was the low bidder at $398, $330, JPI was $476, 040. Basically, they failed to provide required documents such as subcontractors certification, public works contract registration certificates, and business registration certificates which are required upon opening of the bids.
President Greenbaum: Does anyone have any questions?
Mr. Rattner: Yes, obviously we had gotten advice from our attorney that they...that the bid they want to award, we saw all of the specifications and we don’t have any basis for not awarding it. So obviously I will approve it to follow our counsel’s advice, not that I am overjoyed. For one thing, one of the low bidders did work for us before, even though I saw a memo, that there were a couple items in there and I know when we asked we were happy with their work before. At least when it came up to the Council Meeting but I won’t belabor that part. The one thing that I would like to see is sometimes we put together a spreadsheet, the engineer’s estimate by the major components and we look at how the different bidders bid.
Mr. Rattner (Cont’d): So we can see where the differences were because what I want to do is to be able to evaluate whether I feel and now this will be for the next time that the engineer, who put together the engineering estimate, is it really reasonable, or is it just that he went real high and so he covers a lot more in there. I want to see what component, the price was a lot less from what he estimated, to see if the other guy just low balled it or was it an estimate that was too high? I have been there before.
Mr. Quinn: I think I do have it, PCI was the Engineering firm that did oversee the Village Green tank, and their estimates on that tank were right on. I think we came a little below budget on that project but their estimates were accurate.
Mr. Rattner: I understand that but also one of the low bidders that didn’t qualify also did the work for the tank and so we know the work and they are able to do the work for the bid. You gave a whole litany of documents they didn’t supply which is no excuse for that vendor. You would have to question the vendor why he didn’t because he should know. I just want to see what the major component is because sometimes you can see whether they just guessed wrong on that one, not the engineer, but the bidder because they didn’t supply enough.
Mr. Quinn: Now you are asking for a breakdown through all the bidders?
Mr. Rattner: Well, if you can just do the major components, just see where the big difference was because a lot of times in these things, it is just one item. It maybe because of the stuff they were using, you know there can be a lot of reasons they could be lower.
Mr. Quinn: I have that right here. I can make copies of this.
Mr. Rattner: I don’t need it tonight.
Mr. Quinn: Okay.
Mr. Rattner: You know, I said I am going to support it because that is the advice we have. I would just like to see it for next time when we go out to bid.
Mr. Quinn: That’s fine I do have the information.
Mr. Perkins: Thank you, Mr. President. Like Mr. Rattner, on the advice of counsel we have to approve this. Also under NJSA 40A:11-1 required mandatory items were bid. Since they were missing one of the specific mandatory items that were submitted, that was submitted with the bid package, they did not submit it with their package because they turned in the bids. It is to be deemed to be a fatal defect and that renders their bid proposal unresponsive and unfortunately, that cannot be cured by us the governing body. The only way we would be able to reject all the bids was if we decided not to fund this project at all and I don’t believe that would be in the best interest of Township to do that. Our attorney feels that we should go ahead and approve and I think that the DPW department has done an admirable job on following up so I, too, will be supporting it.
President Greenbaum: Anyone else from Council? Seeing no one else, I will ask Mr. Perkins to move the Resolution.
Mr. Perkins: Thank you Mr. President. I move for adoption of Resolution #1.
President Greenbaum: Is there a second?
Mrs. Labow: Second.
PUBLIC PORTION ON INDIVIDUAL RESOLUTIONS
COUNCIL COMMENTS ON INDIVIDUAL RESOLUTIONS
President Greenbaum: Is there anyone from the public who wishes to be heard on this resolution? Seeing none, I will close it to the public. Is there any additional Council comments? Seeing none, Roll Call.
ROLL CALL: Passed Unanimously with the exception, Mrs. Labow voted no.
President Greenbaum: At this point I will entertain a motion to adjourn out of our Special Public Meeting.
Motion was made and seconded, all in favor and none opposed, the meeting was adjourned at 7:39 pm.
ADJOURNMENT TO REGULARLY SCHEDULED WORKSHOP
Robert J. Greenbaum, Council President
I, LISA M. LASHWAY, Township Clerk of the Township of Mount Olive do hereby certify that the foregoing Minutes is a true and correct copy of the Minutes approved at a legally convened meeting of the Mount Olive Township Council duly held on February 28, 2006.
Lisa M. Lashway, Township Clerk