Title
Dept/ Agency: Water and Sewer Utilities
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Bid Contract
Purpose: Pequannock Sludge Lagoon Remediation Contract 06-WS2014 (Re-bid)
Entity Name: Accurate Waste Removal Services, Inc.
Entity Address: 226 Prospect Point Road, Lake Hopatcong, New Jersey 07849
Contract Amount: Amount Not to Exceed $855,000.00
Funding Source: Department of Water and Sewer Utilities Budget
Contract Period: Two (2) Years from the date of the written Notice to Proceed issued by the Director of Water and Sewer Utilities
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:
Bids Solicited: Seven (7)
Bids Received: Two (2)
body
WHEREAS, on September 19, 2014, the City of Newark, Department of Water and Sewer Utilities advertised for bids for Contract 06-WS2014 Pequannock Sludge Lagoon Remediation, for the dredging, removal and proper disposal of liquid sludge from the 48 million gallon capacity sludge lagoon that receives flows from the Pequannock Water Treatment Plant. The contract also covers on-call services for the removal and proper disposal of sludge from the Pequannock Water Treatment Plant ("Remediation Project"); and,
WHEREAS, on October 4, 2014, the City received bids for this contract and thereafter rejected all bids submitted as the bids failed to allocate 25% of the total contract cost to certified MBE's; and
WHEREAS, on November 11, 2014, the City of Newark advertised Contract 06-WS2014 (Re-bid) Pequannock Sludge Lagoon Remediation , for the Remediation Project as referenced above, and seven (7) contractors picked up bid packages; and,
WHEREAS, on December 4, 2014, the City received two (2) bids for said Contract in accordance with the Local Public Contracts Law N.J.S.A. 40A:11-1 et seq.; and,
WHEREAS, Accurate Waste Removal Services, Inc., 226 Prospect Point Road, Lake Hopatcong, New Jersey 07849, submitted the lowest responsible and responsive bid for Contract 06-WS2014 (Re-bid) for an amount not to exceed Eight Hundred Fifty-Five Thousand Dollars and Zero Cents ($855,000.00);and,
WHEREAS, the City of Newark Department of Water and Sewer Utilities and it's engineering consultant, Hatch Mott MacDonald, LLC, reviewed the bid submitted by Accurate Waste Removal Services, Inc. and determined it to be a responsible bid responsive to the bid specifications; and,
WHEREAS, as such, the Director of the Department of Water and Sewer Utilities recommends that Contract 06-WS2014 (Re-bid) be awarded to Accurate Waste Removal Services, Inc., 226 Prospect Point Road, Lake Hopatcong, New Jersey 07849, for an amount not to exceed Eight Hundred Fifty-Five Thousand Dollars and Zero Cents ($855,000.00), for a period of two (2) years from the date of the written Notice to Proceed issued by the Director of the Department of Water and Sewer Utilities; and,
WHEREAS, the City of Newark adopted the "Contractor Pay-to-Play Reform" ordinance, codified at Section 2:4-22C of the Revised General Ordinances of Newark (hereinafter "Pay-to-Play Reform Ordinance"), which requires reporting of political contributions to candidates for City of Newark elective municipal offices or City of Newark or County of Essex political committees and prohibits certain political contributions during the duration of the contract; 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 06-WS2014 (Re-bid) with Accurate Waste Removal Services, Inc., 226 Prospect Point Road, Lake Hopatcong, New Jersey 07849, for Pequannock Sludge Lagoon Remediation, in an amount not to exceed Eight Hundred Fifty-Five Thousand Dollars and Zero Cents ($855,000.00), for a period of two (2) years from the date of the written Notice to Proceed issued by the Director of the Department 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 $200,000.00, 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. Certifications of Funds from the City of Newark's 2016 and 2017 annual budgets will be obtained for the balance of the amount of Contract 06-WS2014 by the Director of the Department of Water and Sewer Utilities and shall be filed with the original resolution in the Office of the City Clerk. Each such Certification of Funds shall be for an amount not less than the total value of all work or services to be performed by Accurate Waste Removal Services, Inc., during the respective budget year.
4. Notwithstanding anything to the contrary herein, the contract shall be subject to the availability and annual appropriation of sufficient 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 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 Contract 06-WS2014 and the Notice to Proceed shall be filed in the Office of the City Clerk by 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 Pay-to-Play Reform Ordinance.
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 06-WS2014 (Re-bid) with Accurate Waste Removal Services, Inc., 226 Prospect Point Road, Lake Hopatcong, New Jersey 07849, for Pequannock Sludge Lagoon Remediation, in an amount not to exceed Eight Hundred Fifty-Five Thousand Dollars and Zero Cents ($855,000.00), for a period of two (2) years from the date of the written Notice to Proceed issued by the Director of the Department of Water and Sewer Utilities.