Title
Dept/ Agency: Water and Sewer Utilities
Action: (X) Ratifying (X) Authorizing ( ) Amending
Type of Service: Extension of Emergency Contract #E2013-22
Purpose: Pequannock Water Treatment Plant Sludge Lagoon Emergency Remediation
Entity Name: Accurate Waste Systems, Inc.
Entity Address: 226 Prospect Point Rd., Lake Hopatcong, New Jersey 07849
Contract Amount: Not to Exceed $2,170,000.00
Funding Source: Water Utility Budget NW037-750-7505-71960 B 2013 and 2014
Contract Period: Extension from March 9, 2014 to June 9, 2014
Contract Basis: ( ) Bid ( ) State Vendor ( ) Prof. Ser. ( ) EUS
( ) Fair & Open ( ) No Reportable Contributions ( ) RFP ( ) RFQ
( ) Private Sale ( ) Grant ( ) Sub-recipient (X) n/a
Additional Information:
Action pursuant to Ordinance 6PSF-e-040611 Article 2:5-13.2 (E) (1) (c)
body
WHEREAS, when the Pequannock Water Treatment Plant (PWTP) was designed and constructed in the late 1990's, the method of disposal of the sludge produced by the treatment process was to pump that liquid sludge into a lagoon located adjacent to the Charlotteburg Reservoir. Once the sludge was pumped into the lagoon the solids would settle and the water would be decanted back to the adjacent Reservoir. There is no permanent equipment or process in place to remove the settled solids which have accumulated for some 23 years with only partial and infrequent sludge removal; and,
WHEREAS, in the absence of a contract to remove and dispose of the accumulated sludge from the Lagoon, the Department of Water and Sewer Utilities, on December 2, 2013, declared an emergency regarding the removal and disposal of the accumulated sludge from the lagoon. and After consensus of the emergency by the Inspector General and the Purchasing Agent, a request for quotes was completed and emergency contract E2013-22 dated December 9, 2013 in the amount not to exceed$2,170,000.00 was awarded to Accurate Waste Systems, Inc., 226 Prospect Point Rd., Lake Hopatcong, New Jersey 07849; and,
WHEREAS, the removal of sludge commenced on December 9, 2013 but due to the extreme cold weather and the excessive snow fall that occurred this winter, removal of the sludge did not progress to alleviate the emergency condition; and,
WHEREAS, it is imperative that the City of Newark continue the removal of accumulated sludge to return the Lagoon to a position that it can accept additional sludge until a long term sludge disposal method can be implemented; and,
WHEREAS, the New Jersey Department of Environmental Protection has notified the Department of Water and Sewer Utilities that the conditions at the lagoon are unacceptable and sludge removal is required but since only a small portion of the sludge has been removed the current condition has not appreciably changed; and,
WHEREAS, the cost for removal and disposal of the sludge would remain at the unit prices contained in the proposal of Accurate Waste System, Inc. and the total cost would not exceed those funds currently appropriated for this emergency work; and
WHEREAS, pursuant to N.J.A.C 5:34-6.1, the City is in need of an extension of the existing emergency contract E2013-22 for removal and disposal of accumulated sludge from the Lagoon as a sufficient volume of sludge has not been removed because of the harsh weather conditions and the lagoon remains in an emergent condition; and
WHEREAS, on August 1, 2012, the Newark Municipal Council adopted the Contractor Pay-to-Play Reform Ordinance, 2:4-22C, which forbids, inter alia, the award of a contract to a Business Entity, as defined therein, which has made or solicited political contributions to (i) a candidate, candidate committee or joint candidates committee of any candidate for elective municipal office in the City of Newark or a holder of public office having ultimate responsibility for the award of a contract, or (ii) to any City of Newark or County of Essex political committee or political party committee, or (iii) to any continuing political committee or political action committee that regularly engages in the support of City of Newark municipal or County of Essex elections and/or City of Newark municipal or County of Essex candidates, candidate committees, joint candidate committees, political committees, political parties, political party committees, (hereinafter "PAC"), in excess of the thresholds specified in subsection (g) within one (1) calendar year immediately preceding the date of the contract or agreement.; and
WHEREAS, the Business Entity and any of its subcontractors, if any, have certified that it is in compliance with the aforementioned Contractor Pay-to-Play Reform Ordinance 2:4-22C; and
WHEREAS, City Ordinance 6PSF-e April 6, 2011 Article 2:5-13.2(E)(1) (b), (c), states that Emergency Contracts shall not be for a period in excess of ninety (90) days and no extensions of emergency contracts shall be permitted without authorization by resolution by the City Council.
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
1. The Mayor and/or his designee, the Acting Director of the Department of Water and Sewer Utilities are hereby authorized to extend the existing emergency contract with Accurate Waste Systems, Inc., 226 Prospect Point Rd., Lake Hopatcong, New Jersey 07849, for the removal and disposal of accumulated sludge for the Pequannock Water Treatment Plant Sludge Lagoon.
2. This extension will allow the continuation of Emergency Contract E2013-22 that commenced on December 9, 2013 through March 8, 2014, until June 9, 2014 or until such earlier time as the emergency condition is abated.
3. Attached hereto is a budget detail document which shows that there are sufficient funds for the purpose set forth hereinabove in the Water Utility Budget NW037-750-7505-B 2013 and 2014.
4. An executed copy of said contract shall be filed with the Office of the City Clerk by the Business Administrator for the City of Newark.
5. The total amount of said contact including amount expended to date shall not exceed $2,170,000.00.
6. The Office of the State Comptroller has been properly notified and a copy of that notice is attached.
STATEMENT
This resolution authorizes the Mayor and/or his designee, the Acting Director of the Department of Water and Sewer Utilities to extend Emergency Contract E2013-22 with Accurate Waste Systems, Inc., 226 Prospect Point Rd., Lake Hopatcong, New Jersey 07849, for the removal and disposal of accumulated sludge from the Pequannock Water Treatment Plant Sludge Lagoon for the period from March 9, 2014 until June 9, 2014 or until such earlier time as the emergency condition is abated.