Title
Dept/ Agency: Economic and Housing Development
Action: ( X ) Ratifying (X ) Authorizing ( ) Amending
Type of Service: Extension of Emergency Contract #E2016-06
Purpose: Emergency Asbestos Abatement, Air Monitoring, Structural Bracing and Demolition of 505 Clinton Avenue
Entity Name: Tricon Enterprises Inc.
Entity Address: 322 Beers Street, Keyport, New Jersey 07735
Contract Amount: Not to exceed $889,000.00
Funding Source: Community Development Block Grant and Affordable Housing Trust Funds
Contract Period: Extension from July 3, 2016 until the Immediate Needs of the Emergency are Satisfied
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:
body
WHEREAS, the structure located at 505 Clinton Avenue is in an uninhabitable condition, unsecured, and poses an actual and immediate danger due to significant deterioration of structural masonry walls and distress due to water infiltration and weathering, and the presence of friable asbestos, as documented by Phillip Scott, P.E., C.M.E., Director of Engineering, in a letter dated January 19, 2016; and
WHEREAS, to date, the building has been braced to address the structural issues, however, as discussed below, the friable asbestos has not yet been remediated due to the need to obtain regulatory approvals, and the building has not yet been demolished due to unforeseen site conditions and multi-agency utility relocation coordination, as more fully set forth in correspondence to Carlos Figueroa, Inspector General, dated November 28, 2016, attached hereto and made a part hereof, identifying the obstacles incurred impeding the contractor’s efforts to perform; and
WHEREAS, specifications were prepared, proposals were received and an emergency declaration was originally approved, upon submission of a Request for Declaration of Emergency and verification of the emergency by the Inspector General, on December 4, 2015, and Emergency Declaration 15-62 thereafter was issued authorizing an emergency contract with Atlantic Environmental Solutions; and
WHEREAS, subsequent to award, Atlantic Environmental Solutions rescinded their price quote, and on December 18, 2015, a second emergency declaration was issued by Carlos Figueroa, Inspector General, approving Emergency Contract E2015-17, awarded to Joseph Environmental; and
WHEREAS, due to an unacceptable change order submitted by Joseph Environmental, the contract was terminated on February 29, 2016, and additional proposals solicited to remedy the emergency conditions existing at the site; and
WHEREAS, correspondence from Baye Adofo-Wilson, Deputy Mayor and Director the Department of Economic and Housing Development to Carlos Figueroa, Inspector General, of March 23, 2016, requested a Declaration of Emergency for asbestos abatement and demolition activities and award of an Emergency contract to Tricon Enterprises, Inc., 322 Beers Street, Keyport, New Jersey, 07735, in an amount not to exceed $889,000.00, which request was subsequently approved by Carlos Figueroa, Inspector General and Emergency Contract E-2016-06 was awarded to Tricon Enterprises, Inc., on April 1, 2016. The contract period was for April 4, 2016 to July 3, 2016; and
WHEREAS, despite working diligently toward completion of the project within the timeframe specified, circumstances beyond the reasonable control of the contractor, namely, regulatory requirements imposed by the New Jersey Department of Labor and the New Jersey Department of Community Affairs, necessary modifications to the original engineering plans caused by site conditions that could not have been foreseen, and the need to relocate utilities prior to commencement of demolition, have prevented the contractor from completing the project within the timeframe allocated and the work has not progressed to fully alleviate the emergency condition necessitating asbestos abatement and demolition; and
WHEREAS, it is imperative that the City of Newark continue the abatement of the friable asbestos and demolition of the structure located at 505 Clinton Avenue to a state that it no longer poses a hazard to human health, and that Tricon Enterprises, Inc., continues to be engaged to provide asbestos abatement and demolition services; and
WHEREAS, the total cost for this Emergency Contract as extended would not exceed those funds appropriated for this emergency work; and
WHEREAS, under the Local Public Contracts Law, N.J.S.A. 40A:11-6 and N.J.A.C. 5:34-6.1, a contract may be awarded without public advertising for bids and bidding when an emergency affecting the public health, safety or welfare requires the immediate performance of the services; 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 extension of emergency contracts shall be permitted without authorization by the Municipal Council; and
WHEREAS, a Request for Declaration of Emergency Extension approving continuation of the work and extension of Emergency Contract E-2016-06, has been sought from Carlos Figueroa, Inspector General, however, Municipal Council authorization is required to extend Emergency Contract E-2016-06 beyond ninety (90) days; and
WHEREAS, the City is in need of an extension of the existing Emergency Contract E-2016-06 for Emergency Asbestos Abatement, Air Monitoring and Structural Bracing and Demolition Services, as the structure has not yet been removed and the emergency condition has not yet been remedied due to circumstances beyond the reasonable control of the contractor; and
WHEREAS, the Municipal Council is satisfied that, for the reasons articulated in the attached correspondence to Carlos Figueroa, Inspector General, dated November 28, 2016, the proposed extension of Emergency Contract E-2016-06 is justified and meets the requirements of the Local Public Contracts Law, N.J.S.A. 40A:11-6 and N.J.A.C. 5:34-6.1, and City Ordinance 6PSF-e April 6, 2011, Article 2:5-13.2(E)(1)(b),(c).
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 Deputy Mayor/Director of the Department of Economic and Housing Development, are hereby authorized and directed to extend existing Emergency Contract E-2016-06 with Tricon Enterprises, Inc., 322 Beers Street, Keyport, New Jersey, 07735, related to the Emergency Asbestos Abatement, Air Monitoring and Structural Bracing and Demolition Services at 505 Clinton Avenue, City of Newark.
2. The extension will allow the continuation of Emergency Contract E-2016-06, that commenced on April 4, 2016, to continue until such time as the immediate needs of the emergency are satisfied and the emergency condition is abated.
3. Attached hereto is a Certification of Funds from the Finance Director of the City of Newark, which states (1) that there are sufficient funds for the purpose set forth herein above and (2) that the line appropriations which shall be charged are as follows:
Bus. Unit Dept. ID Div./Proj. Activity Acct. # Budget Ref.
NW026 BS 30350 B2016
NW027 A15 EC5A0 1 72090 B2015
4. A fully executed copy of Emergency Contract E-2016-06 shall be filed in the Office of the City Clerk by the Deputy Mayor/Director of the Department of Economic and Housing Development.
5. The total amount of said Emergency Contract, including the amount expended to date, shall not exceed $889,000.00.
STATEMENT
This resolution authorizes the Mayor and/or his designee, the Deputy Mayor/Director of the Department of Economic and Housing Development to extend Emergency Contract E-2016-06 with Tricon Enterprises, Inc., 322 Beers Street, Keyport, New Jersey, 07735, to provide Emergency Asbestos Abatement, Air Monitoring and Structural Bracing and Demolition Services related to 505 Clinton Avenue, Newark, New Jersey, until such time as the immediate needs of the emergency are satisfied and the emergency condition is abated.