Title
Dept/ Agency: Water and Sewer Utilities
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Bid Contract
Purpose: Maintenance and Repair of Sewer Screening Facilities
Contract 10-WS2017 (Re-bid)
Entity Name: Rapid Pump & Meter Service Company, Inc.
Entity Address: 285 Straight Street, Paterson, New Jersey 07509
Contract Amount: $500,000.00
Funding Source: 2018 Budget/Department of Water and Sewer Utilities
Contract Period: Two (2) years from 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:
Proposal Solicited: Two (2)
Proposal Received: One (1)
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WHEREAS, on October 19, 2017 the Department of Water and Sewer Utilities advertised to solicit bids for Contract 10-WS2017(Re-bid) Maintenance and Repairs of Sewer Screening Facilities; and
WHEREAS, the Department of Water and Sewer Utilities distributed two (2) bid specification packages to prospective vendors following the date of advertising; and
WHEREAS, on November 3, 2017 one (1) bid was received in response to this solicitation in accordance with the Local Public Contracts Law N.J.S.A. 40A:11-1 et seq.; and
WHEREAS, the Department of Water and Sewer Utilities concludes from review and evaluation that an award be made to Rapid Pump & Meter Service Co., Inc., the only responsible bidder; and
WHEREAS, pursuant to N.J.S.A. 40A:11-24, Rapid Pump & Meter Service Co., Inc., agreed to hold their prices beyond sixty (60) days; and
WHEREAS, pursuant to N.J.S.A. 19:44A-20.5 et seq., solicitation through the public bidding of Contract 10-WS2017 (Re-bid) meets the requirements of the fair and open process ; 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 Mayor of the City of Newark and/or his designee, the Director of the Department of Water and Sewer Utilities, is hereby authorized to enter into a contract with Rapid Pump & Meter Service Co., Inc., 285 Straight Street, Paterson, New Jersey 07509, whose bid was received on the above advertised due date and was determined to be the lowest responsible bidder in accordance with the bid specifications. The term of the contract will be for a two (2) year period, commencing upon issuance of a Notice to Proceed from the Director of the Department of Water and Sewer Utilities, for an amount not to exceed Five Hundred Thousand Dollars and Zero Cents ($500,000.00), pursuant to N.J.S.A. 40A:11-3(b), for the provision of Maintenance and Repairs of Sewer Screening Facilities.
2. Pursuant to N.J.A.C. 5:30-5.5, attached hereto is a partial Certification of Funds from the Director of Finance which states that funds in the amount of $10,000.00 are available in the 2018 Budget to perform Maintenance and Repair of Sewer Screening Facilities under Business Unit: NW038, Department ID: 800, Division/Project: 8003, Account # 71770, B-2018. The certification shall be filed along with the original resolution in the Office of the City Clerk. The remainder of the funding for the contract will be subject to appropriation in the 2018 and 2019 Budget and included in a line item for the award of this contract and said funds will be certified prior to services being provided by the contractor. There will be no expenditure of funds authorized until a Certification of Funds is obtained and a copy filed with the City Clerk.
3. Pursuant to N.J.S.A. 27:25-17, any and all debts, expenses or obligations incurred by the Department of Water and Sewer utilities shall be payable only from funds available to the City of Newark, and no liability or obligation shall be incurred by the Department of Water and Sewer Utilities beyond the extent to which monies are available.
4. There shall be no amendment or change to the contract without approval by the Newark Municipal Council.
5. There shall be no advance payments made against this contract in accordance with N.J.A.C. 40A:5-16.
6. The Director of the Department of Water and Sewer Utilities shall forthwith file a duly executed copy of this contract in the Office of the City Clerk.
7. This contract was solicited and awarded pursuant to the fair and open procedures of 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.
8. 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 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 a contract with Rapid Pump & Meter Service Co., Inc., 285 Straight Street, Paterson, New Jersey 07509, for Contract 10-WS2017(Re-bid), Maintenance and Repairs of Sewer Screening Facilities, for an amount not to exceed Five Hundred Thousand Dollars and Zero Cents ($500,000.00), for the period commencing upon issuance of a Notice to Proceed from the Director of Water and Sewer Utilities and terminating two (2) years thereafter.