Bid Tabulation Results for Upgrades to Demuro Park
This is a request for public records made under OPRA and the common law right of access. Please acknowledge receipt of this message.
Records requested:
Please send the final and compiled bid tabulation (Bid Tally), including all quantities and unit pricing for each bidder, for Upgrades to Demuro Park that was submitted on 7/29/20.
Below is an example of the format we are looking for that the engineer usually creates at the completion of the bid:
| | BIDDER 1 | BIDDER 2 |
|-------------------------------------------------------------------------------|
| Item | Description | QNT | UNIT | AMOUNT | UNIT | AMOUNT |
| | | | | |
| | | | | |
| | | | | |
Please send all documents electronically.
Thanks,
PPA
PPA,
This correspondence shall serve as Nutley Township (the “Township”)’s
response to your request for access to government records pursuant to the
Open Public Records Act, N.J.S.A. 47:1A-1.1, et seq. (“OPRA”), which was
received by the Township on May 31, 2023 during regular office hours.
Below is a list of each request for access and the Township’s response to
the same:
“Please send the final and compiled bid tabulation (Bid Tally), including
all quantities and unit pricing for each bidder, for Upgrades to Demuro
Park that was submitted on 7/29/20. Below is an example of the format we
are looking for that the engineer usually creates at the completion of the
bid:
| | BIDDER 1
| BIDDER 2 |
|-------------------------------------------------------------------------------|
| Item | Description | QNT | UNIT | AMOUNT | UNIT | AMOUNT |”
Attached please find the record responsive to this request. Please note
that our bid tabulations do not include unit pricing for each bidder.
Custodians are not required to create new records in response to an OPRA
request. See Bent v. Stafford Police Department, 381 N.J. Super. 30, 37
(App. Div. 2005).
To the extent that you have also requested access to the above government
records under the common law, your stated interest in obtaining the
records must be balanced against the Township of Nutley’s interest in
nondisclosure. See Loigman v. Kimmelman, 102 N.J. 98 (1986). The
foregoing response to your request for access to government records
incorporates the aforementioned balancing test. Please note that "a
party's status as a litigant does not enlarge its access to government
records under OPRA”. MAG Entm't, LLC v. Div. of Alcoholic Beverage
Control, 375 N.J. Super. 534, 545-46 (App. Div. 2005). The Township of
Nutley reserves the right to raise any other grounds for denial not raised
in this response. Failure of the Township of Nutley to assert an
exemption or privilege does not act as a waiver of any grounds for
denial. Furthermore, a reviewing Court or the Government Records Council
("GRC") may deem a denial of access to be authorized on grounds other that
those advanced by a custodian. See Paffv. Twp. of Plainsboro,
A-2122-05T2, 2007 WL 957289, at *2 (App. Div., Apr. 2, 2007), affirming,
Paff v. Township of Plainsboro, GRC Complaint No. 2005-29 (March 2006).
If your request for access to a government record has been denied or
unfilled, you have a right to challenge the decision by the Township of
Nutley to deny access. At your option, you may either initiate a
proceeding in the Superior Court of New Jersey or file a complaint with
the GRC by completing the Denial of Access Complaint Form. You may
contact the GRC by toll-free telephone at 866-850-0511, by mail at P.O.
Box 819, Trenton, NJ, 08625, by e-mail at [1][email address], or on
its website at [2]www.state.nj.us/grc. The GRC can also answer other
questions about the law. All questions regarding complaints filed in
Superior Court should be directed to the Court Clerk in your County.
Sincerely,
Ceci Tramontana
Deputy Clerk
Office of the Municipal Clerk
Township of Nutley, NJ
(973) 284-4955 Office
(973) 284-5668 Fax
[3]www.nutleynj.org
References
Visible links
1. mailto:[email address]
2. http://www.state.nj.us/grc
3. http://www.nutleynj.org/
Dear OPRA,
This is not the document we are looking for. We need a compiled bid tabulation with unit prices per item from each bidder in a spreadsheet format. Please refer to my original message.
Yours sincerely,
PPA
PPA,
Please read my explanation on my previous email (the section in bold letters) and let me know if you have any questions.
Thank you,
Ceci Tramontana
Deputy Clerk
PPA,
This correspondence shall serve as Nutley Township (the “Township”)’s
response to your request for access to government records pursuant to the
Open Public Records Act, N.J.S.A. 47:1A-1.1, et seq. (“OPRA”), which was
received by the Township on May 31, 2023 during regular office hours.
Below is a list of each request for access and the Township’s response to
the same:
“Please send the final and compiled bid tabulation (Bid Tally), including
all quantities and unit pricing for each bidder, for Upgrades to Demuro
Park that was submitted on 7/29/20. Below is an example of the format we
are looking for that the engineer usually creates at the completion of the
bid:
| | BIDDER 1
| BIDDER 2 |
|-------------------------------------------------------------------------------|
| Item | Description | QNT | UNIT | AMOUNT | UNIT | AMOUNT |”
Attached please find the record responsive to this request. Please note
that our bid tabulations do not include unit pricing for each bidder.
Custodians are not required to create new records in response to an OPRA
request. See Bent v. Stafford Police Department, 381 N.J. Super. 30, 37
(App. Div. 2005).
To the extent that you have also requested access to the above government
records under the common law, your stated interest in obtaining the
records must be balanced against the Township of Nutley’s interest in
nondisclosure. See Loigman v. Kimmelman, 102 N.J. 98 (1986). The
foregoing response to your request for access to government records
incorporates the aforementioned balancing test. Please note that "a
party's status as a litigant does not enlarge its access to government
records under OPRA”. MAG Entm't, LLC v. Div. of Alcoholic Beverage
Control, 375 N.J. Super. 534, 545-46 (App. Div. 2005). The Township of
Nutley reserves the right to raise any other grounds for denial not raised
in this response. Failure of the Township of Nutley to assert an
exemption or privilege does not act as a waiver of any grounds for
denial. Furthermore, a reviewing Court or the Government Records Council
("GRC") may deem a denial of access to be authorized on grounds other that
those advanced by a custodian. See Paffv. Twp. of Plainsboro,
A-2122-05T2, 2007 WL 957289, at *2 (App. Div., Apr. 2, 2007), affirming,
Paff v. Township of Plainsboro, GRC Complaint No. 2005-29 (March 2006).
If your request for access to a government record has been denied or
unfilled, you have a right to challenge the decision by the Township of
Nutley to deny access. At your option, you may either initiate a
proceeding in the Superior Court of New Jersey or file a complaint with
the GRC by completing the Denial of Access Complaint Form. You may
contact the GRC by toll-free telephone at 866-850-0511, by mail at P.O.
Box 819, Trenton, NJ, 08625, by e-mail at [1][email address], or on
its website at [2]www.state.nj.us/grc. The GRC can also answer other
questions about the law. All questions regarding complaints filed in
Superior Court should be directed to the Court Clerk in your County.
Sincerely,
Ceci Tramontana
Deputy Clerk
Office of the Municipal Clerk
Township of Nutley, NJ
(973) 284-4955 Office
(973) 284-5668 Fax
[3]www.nutleynj.org
References
Visible links
1. mailto:[email address]
2. http://www.state.nj.us/grc
3. http://www.nutleynj.org/