Title
Dept/ Agency: Water and Sewer Utilities
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Change Order/Amend Resolution 7R12-c adopted on July 10, 2019
Purpose: Valve Inspection, Testing, and Condition Assessment Report, for the City of Newark Distribution and Transmission System
Entity Name: Pure Technologies US, Inc., d/b/a Wachs Water Services
Entity Address: 8920 State Route 108, Suite D, Columbia, Maryland 21045
Contract Amount: Not to exceed $1,352,106.00
Funding Source: 2019 Budget/Department of Water and Sewer Utilities/NW037-750-07502-71280-B2019
Contract Period: One (1) year from the date of issuance of a Notice to Proceed, extended by an additional 365 calendar days
Contract Basis: (X ) Bid ( ) State Vendor ( ) Prof. Ser. ( ) EUS
( ) Fair & Open ( ) No Reportable Contributions ( ) RFP ( ) RFQ
( ) Private Sale ( ) Grant ( ) Sub-recipient ( ) n/a
Additional Information:
Original Resolution 7R12-c adopted on July 10, 2019, awarded a contract in an amount not to exceed $1,352,106.00, for the period of one (1) year from the date of the issuance of the Notice to Proceed.
Change Order #1 will extend the completion time by 365 calendar days.
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WHEREAS, Resolution 7R12-c adopted on July 10, 2019, authorized the award of Contract 08-WS2018, to Pure Technologies US, Inc., 8920 State Route 108, Suite D, Columbia, Maryland 21045, in the amount of $1,352,106.00 in accordance with the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.; and
WHEREAS, during the course of the Project, the contractor had a delayed start and encountered unforeseen conditions as a result of the COVID-19 global pandemic and Public Health Emergency, which caused additional delays, such that 365 calendar days is required to complete the Project; and
WHEREAS, Contract 08-WS2018 is to be amended with no change in contract amount, and 365 calendar days to be added to the contract completion time; and
WHEREAS, the Department of Water and Sewer Utilities wishes to execute Change Order #1 to Contract 08-WS2018 Valve Inspection, Testing, and Condition Assessment Report, for the City of Newark Distribution and Transmission System, 8920 State Route 108, Suite D, Columbia, Maryland 21045 with no change in the contract amount, and extending the contract completion time by 365 calendar days; and
WHEREAS, the Municipal Council adopted the Contractor Pay-to-Play Reform Ordinance, R.O. 2:4-22C, which forbids the award of a contract of a Business Entity, as defined therein, which has made or solicited political contributions to Newark Municipal Candidates, office holders having ultimate responsibility for the award of a contract; candidate committees of the aforementioned candidates, and political or political party committees of the City of Newark or County of Essex; and continuing political committees or political action committees regularly engaged in the support of the City of Newark municipal or County of Essex elections; and certain other political party or candidate committees, in excess of certain thresholds.
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
1. The Municipal Council hereby authorizes the Mayor and/or his designee, the Director of the Department of Water and Sewer Utilities, to execute Change Order #1 to Contract 08-WS2018, Valve Inspection, Testing, and Condition Assessment Report, for the City of Newark Distribution, 8920 State Route 108, Suite D, Columbia, Maryland 21045 and with no change in the contract amount, and extending the contract completion time by 365 calendar days.
2. No funds are required for this Change Order #1.
3. A fully executed copy of the Change Order #1 shall be filed in the Office of the City Clerk by the Director of the Department of Water and Sewer Utilities.
4. This contract was solicited and awarded pursuant to the Fair and Open Procedures in accordance with the State Pay-to-Play Law (N.J.S.A. 19:44A-20.5), and pursuant to the provisions of the Local Public Contracts Law N.J.S.A. 40A:11-5(1)(a)(i), and is in compliance with the City’s Contractor Pay-to-Play Reform Ordinance, R.O. 2:4-22C.
5. If required by State Law, the City Clerk shall provide the appropriate notice of the award of this contract to the State Comptroller no later than twenty (20) Business Days following such award, in accordance with N.J.S.A. 52:15C-10 and the Notice of the Office of the State Comptroller dated May 7, 2008.
STATEMENT
Resolution authorizing the Mayor and/or his designee, the Director of the Department of Water and Sewer Utilities, to execute Change Order #1 to Pure Technologies US Inc., Contract # 08-WS2018 Valve Inspection, Testing, and Condition Assessment Report, 8920 State Route 108, Suite D, Columbia, Maryland 21045, with no change in the contract amount, and extending contract completion time by 365 calendar days.