Title
Dept/ Agency: Administration/Division of Central Purchasing
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Bid Contract(s)
Purpose: To provide Fire Hydrants and Parts
Entity Name(s)/Address(s):
1. Capitol Supply Construction Products LLC.; 149 Old Turnpike Road, Wayne, New Jersey 07470
2. Ferguson Water Works; 507 Oak Glen Road, Howell, New Jersey 07731
Contract Amount: Not to exceed amount $400,000.00
Funding Source: Department of Water and Sewer Utilities NW037-750-7502-83730-B2024
Contract Period: To be established for a period not to exceed twenty-four (24) consecutive months, commencing upon a fully executed contract
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:
This contract will provide Fire Hydrants and Parts (M94 or Equivalent) for the Department of Water and Sewer Utilities.
Advertisement Date: September 18, 2024
Bids Downloaded: Twenty-Two (22)
Bids Submitted: Four (4)
Bids Rejected: Zero (0)
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WHEREAS, on September 18, 2024 the City of Newark through its Interim Purchasing Agent, QPA, advertised to solicit bids for Fire Hydrants and Parts (M94 or Equivalent) for the Department of Water and Sewer Utilities, as described in the attached bid proposal; and
WHEREAS, the Division of Central Purchasing published the bid package on the City of Newark’s electronic procurement portal to provide a broader access and download capability to potential bidders; and
WHEREAS, on October 3, 2024, the Division of Central Purchasing received four (4) bids in response to this advertisement; and
WHEREAS, on October 3, 2024, the Director of the Department of Water and Sewer Utilities recommended that a dual award be made to Capitol Supply Construction Products LLC; 149 Old Turnpike Road, Wayne, New Jersey 07470, and Ferguson Water Works; 507 Oak Glen Road, Howell, New Jersey 07731, the lowest, responsive and responsible bidders; and
WHEREAS, the Qualified Purchasing Agent concurs with the recommendation from the Director of the Department of Water and Sewer Utilities that a multi-award be made; and
WHEREAS, pursuant to N.J.S.A. 40A:11-24, the recommended bidders consented to holding their prices beyond sixty (60) days; and
WHEREAS, pursuant to N.J.S.A. 19:44A-20.5 et seq., solicitations through public bidding in accordance with N.J.S.A. 40A:11-1 et seq. meets the requirements of the Fair and Open Process.
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
1. The Mayor, and/or his designees, the Business Administrator, and/or the Qualified Purchasing Agent(QPA), are hereby authorized to enter into and execute contracts with Ferguson Water Works; 507 Oak Glen Road, Howell, New Jersey 07731 to provide line items One (1), Two (2), Three (3),Four (4), Five (5), Six (6), Seven (7), Nine (9), Ten (10), Eleven (11), Twelve (12), Fourteen (14), Fifteen (15), Sixteen (16), Seventeen (17), Eighteen (18), Nineteen (19), Twenty (20), Twenty-One (21), Twenty-Two(22), Twenty-Four (24), Twenty-Five (25), Twenty -Six (26), Twenty-Seven (27), Twenty-Eight (28), Twenty-Nine (29), Thirty (30), Thirty-One (31), Thirty-Three (33),Thirty-Four (34), Thirty-Five (35), Thirty-Six (36), Thirty-Seven(37), Thirty-Eight (38), Thirty-nine (39), Forty (40), Forty-One (41), Forty-Two (42), Forty-Three (43), Forty-Four (44), Forty-Five (45), Forty-Six (46), Forty-Seven (47), Forty- Eight (48), Fifty (50), Fifty One (51), Fifty Two (52), Fifty Three (53),Fifty Four (54), Fifty-Five (55) for Year One (1) and Year Two (2); and with Capitol Supply Construction Products LLC.; 149 Old Turnpike Road, Wayne, New Jersey 07470, to provide line items Eight (8), Thirteen (13), Twenty-Three (23), Thirty-Two (32), Forty-Nine (49)Year One (1) and Year Two (2) for Fire Hydrants and Parts (M94 or Equivalent) for the Department of Water and Sewer Utilities, whose bids were received on the advertised due date and determined to be the lowest, responsive, and responsible bidders in accordance with the bid specifications. The term of the contract will be established for a period not to exceed twenty-four (24) consecutive months, pursuant to N.J.S.A. 40A:11-15.
2. There shall be no amendment or change of this contract without the approval of the Municipal Council by resolution.
3. There shall be no advance payment on this contract in accordance with N.J.S.A. 40A:5-16. Funds for 2023 and subsequent years are contingent upon appropriations, pursuant to N.J.A.C. 5:30-5.5(d).
4. This is an open-ended contract to be used as needed during the term of the contract. Thus, for any and all expenditures against this contract, a certification of the availability of sufficient funds, as required by N.J.A.C. 5:30-5.5(b)(2), shall be executed before a contractual liability is incurred each time an order is placed from Account Code Line: Department of Water and Sewer Utilities NW037-750-7502-83730-B2024. All services performed under this contract shall be paid by the agency requesting the service. Other user departments/offices and applicable funding sources will be presented with the Certification of Funds signed by the Chief Financial Officer on an as needed basis. This contract shall not exceed Four Hundred Thousand Dollars and Zero Cents ($400,000.00) for two (2) vendors for twenty-four (24) consecutive months with start date commencing when the contract is fully executed.
5. The QPA shall file a copy of this Resolution and the duly executed copy of the contract in the Office of the City Clerk.
6. 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
This Resolution authorizes the Mayor, and/or his designees, the Business Administrator and/or the Qualified Purchasing Agent, to enter into and execute a dual award contract with Capitol Supply Construction Products LLC; 149 Old Turnpike Road, Wayne, New Jersey 07470, and Ferguson Water Works; 507 Oak Glen Road, Howell, New Jersey 07731, to provide Fire Hydrants and Parts (M94 or Equivalent) for the Department of Water and Sewer Utilities, at an amount not to exceed $400,000.00 for a period not to exceed twenty-four (24) consecutive months with the start date commencing upon the full execution of the contract.