Title
Dept/ Agency: Economic and Housing Development
Action: (X) Ratifying (X) Authorizing ( ) Amending
Type of Service: Professional Services Contract
Purpose: Environmental remediation oversight services
Entity Name: Environmental Remediation and Finance Services
Entity Address: 2150 Highway 35, Suite 250, Sea Girt, New Jersey 08750
Contract Amount: Amount not to exceed $108,000.00
Funding Source: Chemours, Alent and Penford
Contract Period: February 1, 2016 through January 31, 2017
Contract Basis: ( ) Bid ( ) State Vendor (X) Prof. Ser. ( ) EUS
( ) Fair & Open ( ) No Reportable Contributions ( ) RFP ( ) RFQ
( ) Private Sale ( ) Grant ( ) Sub-recipient ( ) n/a
Additional Information:
A contract to provide environmental remediation oversight services pursuant to a prior Settlement Agreement in an amount not to exceed $108,000.00 for the period of February 1, 2016 through January 31, 2017.
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WHEREAS, the City of Newark (the “City” or “Newark”) filed a lawsuit in the United Stated District Court for the District of New Jersey captioned City of Newark, New Jersey v. E.I. du Pont de Nemours Company, et al., Civil Action No. 2:15-CV-01708, and in the Superior Court of New Jersey, Law Division, Essex County captioned City of Newark, New Jersey v. E.I. du Pont de Nemours Company, et al., (the “Litigation”) against E. I. du Pont de Nemours Company (“DuPont”) and Alent, PLC (“Alent”) alleging that DuPont and Alent are responsible for environmental contamination at 256 Vanderpool Street, Newark (the “Site”), and seeking to compel DuPont and Alent to remediate the Site in a thorough, expeditious and verifiable manner; and
WHEREAS, the City Council, by Resolution 7R7-a, adopted on July 21, 2015, approved an agreement (the “Settlement Agreement”) settling the Litigation, pursuant to which Chemours Company FC, LLC (“Chemours”), a corporation created by DuPont for the purpose of remediating environmental contamination for which DuPont is liable, and a prospective developer of the Site (“Penford”) agreed to remediate the environmental contamination at the Site; and
WHEREAS, the Settlement Agreement provides for Newark to designate an “Environmental Expert” and requires Chemours to cooperate with the City’s Environmental Expert’s monitoring of the progress of the remediation; and
WHEREAS, the Settlement Agreement provides that Chemours and Alent will deposit the amount of Ninety Six Thousand Dollars and Zero Cents ($96,000.00) in an escrow account with the City, to be charged against for the work of the City Environmental Expert, who shall be engaged at a rate of $125.00 per hour, and that if the City incurs costs in excess of $96,000.00, Penford will reimburse the City for these expenses up to an additional Twelve Thousand Dollars and Zero Cents ($12,000.00); and
WHEREAS, pursuant to the Settlement Agreement, Chemours and Alent each provided the City with $48,000.00, for a total deposit of Ninety Six Thousand Dollars and Zero Cents ($96,000.00), into an escrow account with the City, to cover the work of the City’s Environmental Expert; and
WHEREAS, Environmental Remediation and Finance Services (“ERFS”), 2150 Highway 35, Suite 250, Sea Girt New Jersey 08750, whose staff includes Professional Engineers, Professional Geologists, New Jersey Licensed Site Remediation Professionals (LSRPs), Environmental Scientists, and Health and Safety professionals, served as the City’s experts in the Litigation, and have studied the environmental contamination at the Site and Chemours’ plan to remediate the Site; and
WHEREAS, the City received a proposal from ERFS for the performance of environmental remediation oversight services entitled, “Statement of Qualifications,” at an hourly rate of One Hundred Twenty Five Dollars and Zero Cents ($125.00); and
WHEREAS, Environmental Remediation and Financial Services, LLC (“ERFS”), is recommended to the Municipal Council as the company that will provide services that likely will result in a successful remediation beneficial to the City based upon (i) ERFS’s service as environmental expert for the City in the above referenced litigation; (ii) ERFS’s oversight of the remediation at 256 Vanderpool Street to date; (iii) ERFS’s knowledge of site specific conditions, technical expertise, and extensive experience; and (iv) additional information contained in the Statement of Qualifications; and
WHEREAS, The City of Newark wishes to enter into a contract with ERFS to serve as the City’s Environmental Expert to monitor the remediation of the Site pursuant to the terms of the Settlement Agreement; and
WHEREAS, under the Local Public Contracts Law, N.J.S.A. 40:A11-5, a municipality may enter into a contract for the provision of "Professional Services" without public advertising and competitive bidding, provided a brief notice of the award is published in a local newspaper, a brief notice stating the nature, duration, service and amount of contract and that the resolution and contract are on file and available for public inspection; and
WHEREAS, Environmental Remediation and Finance Services has executed a “Business Entity Disclosure Certification” and a “C.271 Political Contribution Disclosure Form,” copies of which are attached hereto and made a part hereof, and accordingly this contract is being awarded as Non-Fair and Open in accordance with the provisions of the New Jersey Local Unit Pay-to-Play Law, N.J.S.A. 19:44A-20.4, et seq.; and
WHEREAS, Environmental Remediation and Finance Services has executed a “City of Newark Stockholder Disclosure Certificate,” a City of Newark “Political Contribution Disclosure Form” and a “Certification of Compliance” to Municipal Council adopted the Contractor Pay-to-Play Reform Ordinance, R.O. 2:4-22C, which forbids the award of a contract to 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; and
WHEREAS, pursuant to N. J. A. C. 5:30- 5.4, a certificate evidencing the availability of funds has been provided and is attached hereto as Exhibit A.
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, THAT:
1. The Mayor and/or the Deputy Mayor/Director of the Department of Economic and Housing Development is hereby authorized to enter into a contract with Environmental Remediation and Finance Services (ERFS), with offices at 2150 Highway 35, Suite 250, Sea Girt, New Jersey 08750, to provide environmental remediation oversight services pursuant to the Settlement Agreement in an amount not to exceed One Hundred Eight Thousand Dollars and Zero Cents ($108,000.00) for the period of February 1, 2016 through January 31, 2017.
2. The term of the Contract shall be February 1, 2016 through January 31, 2017.
3. The Municipal Council hereby ratifies the Contract from February 1, 2016 through the date of the adoption of this authorizing resolution.
4. ERFS has completed and submitted a City of Newark Political Contribution Disclosure Form and a Business Entity Disclosure Certificate, which certify that ERFS has not made any reportable contributions to a political or candidate committee in the City of Newark in the previous one year, and their contract will prohibit ERFS from making any reportable contributions through the term of contract.
5. A Certification of Funds from the Director of Finance stating that there are sufficient and available funds for this purpose, is attached hereto.
6. A copy of the executed contract shall be filed in the Office of the City Clerk by the Deputy Mayor/Director of the Department of Economic and Housing Development and shall be made available for public inspection.
7. A notice of this action shall be published in the newspaper within 10 days in accordance with N.J.S.A. 40A:11-5(1)(a), said notice shall include a brief statement as to the nature, duration, service and amount of this contract, and shall indicate that this Resolution and contract are on file and available for public inspection in the Office of the City Clerk.
STATEMENT
This resolution hereby ratifies and authorizes the Mayor and/or the Deputy Mayor/Director of the Department of Economic and Housing Development, to enter into and execute a contract on behalf of the City of Newark for environmental remediation monitoring services with Environmental Remediation and Finance Services (ERFS) , 2150 Highway 35, Suite 250, Sea Girt, New Jersey 08750, in an amount not to exceed One Hundred Eight Thousand Dollars and Zero Cents ($108,000.00) for the period of February 1, 2016 through January 31, 2017.