Title
Dept/ Agency: Administration/Division of Central Purchasing
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Bid Contract(s)
Purpose: To provide Compressed Natural Gas for Vehicle Fuel.
Entity Name(s)/Address(s): Clean Energy Corporation, 4675 MacArthur Court, Suite 800, Newport Beach, California 92660
Contract Amount: Not to exceed $300,000.00
Funding Source: 2023 Budget/Department of Public Works/NW011-060-0602-83570-B2023
Contract Period: To be established for a period not to exceed twenty-four (24) consecutive months, commencing upon a fully executed contract
Contract Basis: (X) Bid ( ) State Vendor ( ) Prof. Ser. ( ) EUS
( ) Fair & Open ( ) No Reportable Contributions ( ) RFP ( ) RFQ
( ) Private Sale ( ) Grant ( ) Sub-recipient ( ) N/A
Additional Information:
This contract will provide Compressed Natural Gas for vehicle fuel to the City’s Department of Public Works.
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WHEREAS, on March 2, 2023, the City of Newark through its Purchasing Agent, QPA, advertised to solicit bids for Compressed Natural Gas for vehicle fuel for the Department of Public Works, as described in the attached bid proposal; and
WHEREAS, the Division of Central Purchasing published the bid package on the City of Newark’s electronic procurement portal to provide a broader access and download capability to potential bidders; and
WHEREAS, on March 16, 2023, the Division of Central Purchasing received one (1) bid in response to this advertisement; and
WHEREAS, the Director of the Department of Public Works, recommended that a single award be made to Clean Energy Corporation 4675 MacArthur Court, Suite 800 Newport Beach CA 92660, the only responsive and responsible bidder; and
WHEREAS, the Purchasing Agent, QPA, concurs with the recommendation from the Director of the Department of Public Works that a single award be made to Clean Energy Corporation, 4675 MacArthur Court, Suite 800, Newport Beach, California 92660, the only responsive and responsible bidder; and
WHEREAS, pursuant to N.J.S.A. 40A:11-24, the recommended bidder consented to holding their prices beyond sixty (60) days; and
WHEREAS, pursuant to N.J.S.A. 19:44A-20.5 et seq., solicitations through public bidding in accordance with N.J.S.A. 40A:11-1 et seq. meets the requirements of the Fair and Open Process.
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 the Purchasing Agent, QPA, are hereby authorized to enter into and execute a contract with Clean Energy Corporation, 4675 MacArthur Court, Suite 800, Newport Beach, California 92660 to provide Compressed Natural Gas Fuel (CNG) for the City of Newark’s Department of Public Works, whose bid was received on the advertised due date and determined to be the only responsive and responsible bidder in accordance with the bid specifications. The term of the contract will be established for a period not to exceed twenty-four (24) consecutive months, pursuant to N.J.S.A. 40A:11-15.
2. There shall be no amendment or change of this contract without the approval of the Municipal Council by resolution.
3. There shall be no advance payment on this contract in accordance with N.J.S.A. 40A:5-16. Funds for 2023 and subsequent years are contingent upon appropriations, pursuant to N.J.A.C. 5:30-5.5(d).
4. This is an open-ended contract to be used as needed during the term of the contract. Thus, for any and all expenditures against this contract, a certification of the availability of sufficient funds, as required by N.J.A.C. 5:30-5.5(b)(2), shall be executed before a contractual liability is incurred each time an order is placed from Account Code Line: Department of Public Works NW011-060-0602-83570-B2023. All services performed under this contract shall be paid by the agency requesting the service. Other user departments/offices and applicable funding sources will be presented with the Certification of Funds signed by the Chief Financial Officer on an as needed basis. This contract shall not exceed Three Hundred Thousand Dollars and Zero Cents ($300,000.00) for one (1) vendor for twenty-four (24) consecutive months with start date commencing when the contract is fully executed.
5. The Purchasing Agent, QPA, shall file a copy of the resolution and the duly executed copy of the contract in the Office of the City Clerk.
6. 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 the Notice of the Office of the State Comptroller dated May 7, 2008.
STATEMENT
This resolution authorizes the Mayor and/or his designees, the Business Administrator and/or the Purchasing Agent, QPA, to enter into and execute a contract with Clean Energy Corporation 4675 MacArthur Court, Suite 800, Newport Beach, California 92660, to provide Compressed Natural Gas (CNG) to the City of Newark, at an amount not to exceed Three Hundred Thousand Dollars and Zero Cents ($300,000.00) for a period not to exceed twenty-four (24) consecutive months with the start date commencing upon the full execution of the contract.