Title
Dept/ Agency: Administration/Division of Central Purchasing
Action: ( X ) Ratifying (X) Authorizing (X) Amending
Type of Service: Extension of Emergency Contract #E2025-05
Purpose: To extend Emergency Contract for immediate repairs to the Oak Ridge Reservoir Dam wall, grout foundation and 20 inches outlet values numbers one and four steel pipes in West Milford Township
Entity Names/Addresses:
1. Hutton Construction, LLC 41 Village Park Road, Cedar Grove, NJ 07009
2. Pipeliners of NY, Inc. dba Mechanical Epoxy Solutions 75 N. Central Ave. Suite 203, Elmsford, NY 10523
Contract Amount: Not to exceed $729, 061.18
1. Hutton Construction, LLC $647,763.00 (Increase of $27,098.18)
2. Pipeliners of NY, Inc. $54,200.00 (No Increase)
Funding Source: Budget/Department of Water and Sewer Utilities/ NW041 13W 94710 B2013
Contract Period: Extend Emergency from June 4, 2025 through September 03, 2025
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:
This resolution will authorize extension of Emergency Contract #E2025-05, issued for the period March 3, 2025 through June 3, 2025, awarded to Hutton Construction LLC (“Hutton”), in an amount not to exceed $647,763.00 and to Pipeliners of NY, Inc., dba Mechanical Epoxy Solutions in the amount of $54,200.00. The extension also encompasses an increase of $27,098.18 for Hutton.
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WHEREAS, the Department of Water and Sewer Utilities (“the Department”) retained professional engineering services of GZA GeoEnvironmental, Inc. (GZA) to inspect the City’s dams and serve as project manager engineer; and
WHEREAS, GZA identified Oak Ridge Reservoir Dam Gatehouse located in West Milford Township, Passaic County, New Jersey as a dam in need of immediate repairs, specifically, the concrete sill at the Oak Ridge Reservoir Dam Gatehouse of the scouring, undermining in the discharge channel, leaks in the 20’ outlet valves numbers 1 and 4 Steel pipe causing flooding, imminent gate failure and unsafe conditions; and
WHEREAS, the conditions harm the city’s water system at the Pequannock Watershed and require immediate action to protect the health, safety, and welfare of the city’s residents and water customers, and provide a safe and potable water source; and
WHEREAS, on February 23, 2025, the Director of the Department requested a declaration of emergency for repairs of several erosion areas within the foundation and outer walls of the Clinton Reservoir Dam’s Gate House discharge channel critically, large scour hole located on the downstream side of the large concrete sill, undermining below the concrete sill, flooding the gatehouse (entering and operating the dam outlet control valves unsafe,) risk of gate failure and in the gatehouse two leaks on the 20’ outlet values numbers 1 and 4 Steel pipe; and
WHEREAS, on March 3, 2025, pursuant to N.J.S.A. 40A:11-6 and N.J.A.C. 5:34-6.1(a), the Qualified Purchasing Agent, QPA, approved the aforementioned request and the Department of Water and Sewer Utilities entered into Emergency Contract #E2025-05 with Hutton Construction, LLC, 41 Village Park Road, Cedar Grove, New Jersey 07009 (“Hutton”) and Pipeliners of NY, Inc., dba Mechanical Epoxy Solutions (“MES”) [erroneously identified in the original emergency declaration documents as “dba Mechanical Epoxy”] for a period of March 3, 2025 through June 3, 2025 with a not to exceed amount of Six Hundred Forty-Seven Thousand Seven Hundred Sixty-Three Dollars and Zero Cents ($647,763.00), and Fifty-Four Thousand Two Hundred Dollars and Zero Cents ($54,200.00) respectively, for total emergency contract amount of Seven Hundred One Thousand Nine Hundred Sixty-Three Dollars and Zero Cents ($701,963.00) for two contractors; and
WHEREAS, as to Hutton, work was completed as of June 6, 2025 with a price increase of Twenty-Seven Thousand Ninety-Eight Dollars and Eighteen Cents ($27,098.18), for a total amount of $674,861.18 (change order #1); and
WHEREAS, as to MES, an extension of time is requested with no price increase to complete repair work to Outlet Pipe No. 1, which could not commence until after the completion of work by other contractors (see attached; details provided in GZA letter dated July 23, 2025); and
WHEREAS, N.J.S.A. 40A:11-6 provides that Emergency Contacts may be entered into when an emergency affecting public health, safety or welfare requires the immediate delivery of goods or the performance of service; and
WHEREAS, the Department desires to amend Emergency Contract #E2025-05 and to extend it for the period commencing June 4, 2025, through September 03, 2025; and
WHEREAS, N.J.A.C. 5:34-6.1(a)(3) provides that the emergency purchasing procedure may be used when the need for such goods or services has arisen notwithstanding a good faith effort on the part on a municipality to plan for the purchase of any goods or services required by the municipality; and
WHEREAS, the existing conditions at the Oak Ridge Reservoir Dam Gatehouse, if not addressed, continue to present a danger to the residents of West Milford; and
WHEREAS, repairs are needed to protect the health, safety and welfare of Newark residents and water customers, and to enable the continued supply of a safe and potable water source; and
WHEREAS, City Ordinance 6PSF-e adopted on April 6, 2011 limits the period of emergency contracts to ninety (90) days and extensions are permitted only with the authorization of the Municipal Council.
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 Qualified Purchasing Agent, QPA, are hereby authorized to execute an extension of Emergency Contract #E2025-05 with Hutton Construction, LLC (“Hutton”), 41 Village Park Road, Cedar Grove, New Jersey 07009 and Pipeliners of NY, Inc., dba Mechanical Epoxy Solutions, 75 North Central Avenue, Suite 203, Elmford, New York 10523, for the continued provision of emergency repairs at the Oak Ridge Reservoir Dam Gatehouse. Such extension is authorized for the period beginning June 04, 2025 to September 03, 2025.
2. The contract amount for Hutton is increased by Twenty-Seven Thousand Ninety-Eight Dollars and Eighteen Cents ($27,098.18), which increases the total contract amount for the emergency repairs to Seven Hundred Twenty-Nine Thousand Sixty-One Dollars and Eighteen Cents ($729,061.18).
3. The emergency contract extension is ratified from June 3, 2025 to the date of adoption of this authorizing resolution.
4. Funds are available under the Department of Water and Sewer Utilities budget account code: NW041 13W 94710 B2013.
5. The City of Newark’s Purchasing Agent shall file a copy of Emergency Contract #E2025-05 and any and all documents amending same in the Office of the City Clerk. The Purchasing Agent shall also post a copy of the emergency contract and extension on the City of Newark’s website within forty-eight (48) hours.
6. If required by State Law, the City Clerk shall provide the appropriate notice of the award of the 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.
STATEMENT
This resolution ratifies, amends and authorizes the Mayor, and/or his designees, the Business Administrator and/or the Qualified Purchasing Agent, QPA, to extend Emergency Contract #E2025-05 with Hutton Construction, LLC and Pipeliners of NY, Inc., dba Mechanical Epoxy Solutions, to continue providing repairs to the Oak Ridge Reservoir Dam Gatehouse from June 4, 2025 through September 03, 2025 and increase the contract amount as to Hutton by Twenty-Seven Thousand Ninety-Eight Dollars and Eighteen Cents ($27,098.18) for a total not-to-exceed amount of Seven Hundred Twenty-Nine Thousand Sixty-One Dollars and Eighteen Cents ($729,061.18) for the emergency repairs.