Title
Dept/ Agency: Water and Sewer Utilities
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Bid Contract
Purpose: Replacement of Fire Hydrants Contract 05-WS2015
Entity Name: Underground Utilities Corporation
Entity Address: 711 Commerce Road, Linden, New Jersey 07036
Contract Amount: Not to Exceed $1,045,000.05
Funding Source: Department of Water and Sewer Utilities Budget
Contract Period: 365 calendar days from date of written Notice to Proceed
Contract Basis: (X) Bid ( ) State Vendor ( ) Prof. Ser. ( ) EUS
(X) Fair & Open ( ) No Reportable Contributions ( ) RFP ( ) RFQ
( ) Private Sale ( ) Grant ( ) Sub-recipient ( ) n/a
Additional Information:
Bid Documents Distributed: Thirteen (13)
Bids Received: Ten (10)
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WHEREAS, on December 22, 2014 the City of Newark, Department of Water and Sewer Utilities (City) advertised for bids for the Replacement of Fire Hydrants located throughout the City, Contract 05-WS2015; and
WHEREAS, on January 9, 2015, the City received ten (10) bids for said project in accordance with the Local Public Contracts Law N.J.S.A. 40A:11-1 et seq.; and
WHEREAS, the proposal submitted by Underground Utilities Corporation, 711 Commerce Road, Linden, New Jersey 07036, was the lowest responsible bid, with a total contract amount not to exceed One Million Forty-Five Thousand Dollars and Five Cents ($1,045,000.05); and
WHEREAS, the City reviewed the proposal submitted by Underground Utilities Corporation, and found its bid to be responsible and responsive to the bid specifications; and
WHEREAS, the City wishes to award Contract 05-WS2015 for the replacement of fire hydrants throughout the City to Underground Utilities Corporation, 711 Commerce Road, Linden, New Jersey 07036, for an amount not to exceed One Million Forty-Five Thousand Dollars and Five Cents ($1,045,000.05), for a period of 365 calendar days, from the date of the written Notice to Proceed issued by the Director of Water and Sewer Utilities; 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 to 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 the 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 of candidate committees, in excess of certain thresholds; and,
WHEREAS, this contract is for an amount over $17,500.00 and is being awarded as a Fair and Open contract pursuant to N.J.S.A. 19:44A-20.5.
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 of the City of Newark and/or his designee, the Director of the Department of Water and Sewer Utilities, to enter into and execute Contract 05-WS2015, for the Replacement of Fire Hydrants, with Underground Utilities Corporation, 711 Commerce Road, Linden, New Jersey 07036, for a total contract amount not to exceed One Million Forty-Five Thousand Dollars and Five Cents ($1,045,000.05), for a period of 365 calendar days, from the date of the written Notice to Proceed issued by the Director of Water and Sewer Utilities.
2. Pursuant to N.J.A.C. 5:30-5.5(d)1(ii) (multi-year contracts), attached hereto is a partial Certification of Funds, which states that funds in the amount of One Hundred Thousand Dollars and Zero Cents ($100,000.00), are available in the 2015 Temporary Budget under Business Unit NW037, Department ID 750, Division/Proj. 7505, Account# 71960, and which shall be filed along with the original resolution in the Office of the City Clerk. The remainder of the funding for this contract is subject to the appropriation of legally sufficient funds. Immediately after the final budget adoption, a Certification of Funds shall be prepared for the remaining balance of contract work during 2015.
3. The Director of the Department of Water and Sewer Utilities shall obtain a Certification of Funds from the Department's 2016 annual budget for the balance of the contract amount, and shall file the original resolution in the Office of the City Clerk. Such Certification of Funds shall be for an amount not less than the total value of all work or services to be performed by Underground Utilities Corporation, during 2016.
4. Notwithstanding anything to the contrary herein, the contract shall be subject to the availability and appropriation annually of sufficient legally appropriated funds as may be required to meet the City of Newark's obligations herein, and shall be subject to immediate termination in the absence thereof with no further obligation of the City of Newark. The contract shall contain a clause indicating the foregoing.
5. There shall be no amendment or change to the contract without prior approval by the Newark Municipal Council.
6. There shall be no advance payment on this contract in accordance with N.J.S.A. 40A:5-16.
7. A fully executed copy of the contract and the Notice to Proceed shall be filed in the Office of the City Clerk by the Director of the Department of Water and Sewer Utilities.
8. This contract is being awarded pursuant to the fair and open procedures of the 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.
9. 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 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 of the City of Newark and/or his designee, the Director of the Department of Water and Sewer Utilities, to enter into and execute Contract 05-WS2015, for the Replacement of Fire Hydrants, with Underground Utilities Corporation, 711 Commerce Road, Linden, New Jersey 07036, for a total contract amount not to exceed One Million Forty-Five Thousand Dollars and Five Cents ($1,045,000.05), for a period of 365 calendar days from the date of the written Notice to Proceed issued by the Director of the Department of Water and Sewer Utilities.