Title
Dept/ Agency: Water and Sewer Utilities
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Bid Contract
Purpose: Concrete Sidewalk Restoration over Water and Sewer Utilities Excavations
Entity Name: Montana Construction Corp., Inc.
Entity Address: 80 Contant Avenue, Lodi, New Jersey 07644
Contract Amount: Amount not to exceed $345,000.00
Funding Source: City of Newark Budget/Water and Sewer Utilities
Contract Period: 730 Calendar Days (2 Years) from the date of the 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: Eight (8)
Bids Received: Two (2)
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WHEREAS, on June 11, 2014,the City of Newark, Department of Water and Sewer Utilities advertised Contract 03-WS2014 to perform Concrete Sidewalk Restoration over Water and Sewer Utilities Excavations; and
WHEREAS, on June 25, 2014 the City received and rejected two (2) bids: one due to defects that were incurable, and the other because the bid amount significantly exceeded funding authorization; and
WHEREAS, on September 17, 2014, the City of Newark advertised Contract 03-WS2014 (Re-bid), Concrete Sidewalk Restoration over Water and Sewer Excavations ,to replace up to 25,000 square feet of sidewalks and curbs,; and
WHEREAS, on October 1, 2014, the City received two (2) bids for the contract in accordance with Local Public Contracts Law N.J.S.A. 40A:11-1 et seq.; and
WHEREAS, on October 1, 2014, six (6) of the firms who picked up bid specifications did not submit any bids; and
WHEREAS, Montana Construction Corp, Inc. 80 Contant Avenue, Lodi, New Jersey 07644 ("Montana Construction"), submitted the lowest bid in the amount of Three Hundred Forty-Five Thousand and Zero Cents ($345,000.00); and
WHEREAS, the City of Newark's Department of Water and Sewer Utilities reviewed Montana Construction's bid and found it to be responsible and responsive to the bid specifications; and
WHEREAS, the Director of the Department of Water and Sewer Utilities recommends that Contract 03-WS2014 (Re-bid) be awarded to Montana Construction Corp, Inc., 80 Contant Avenue, Lodi, New Jersey 07644, for an amount not to exceed Three Hundred Forty-Five Thousand Dollars and Zero Cents ($345,000.00) for a period of two (2) years from the date of the Notice to Proceed issued by the Director of the Department of Water and Sewer Utilities; and
WHEREAS, 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; and
WHEREAS, this contract is for an amount of 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 03-WS2014 (Re-bid) with Montana Construction Corp, Inc., 80 Contant Avenue, Lodi, New Jersey 07644, for Concrete Sidewalk Restoration over Water and Sewer Utilities Excavations, in an amount not to exceed Three Hundred Forty-Five Thousand Dollars and Zero Cents ($345,000.00), for a period of two (2) years from the date of the 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 $25,000.00, secured in the 2014 Budget, are available in the 2015 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.
3. Certifications of Funds from the City of Newark's 2016 and 2017 annual budgets shall be obtained for the balance of the contract amount by the Director of the Department of Water and Sewer Utilities and shall be filed with the original resolution and a copy of the Notice to Proceed 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 Montana Construction Corp, 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. Under no circumstances shall the work or services provided by Montana Construction Corp, Inc., during the year 2015 exceed the amount secured by any Certification of Funds work or services that would cause the City of Newark to incur liability for payments in a total amount of $25,000.00 (the amount of the attached partial Certification of Funds).
6. There shall be no amendment or change to the contract without approval by the Newark Municipal Council.
7. There shall be no advance payment on this contract in accordance with N.J.S.A. 40A:5-16.
8. The Director of the Department of Water and Sewer Utilities shall file a fully executed copy of this contract and the Notice to Proceed in the Office of the City Clerk.
9. 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 Executive Order MEO-07-0001, effective March 31,2007.
10. 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 03-WS2014 (Re-bid) with Montana Construction Corp, Inc., 80 Contant Avenue, Lodi, New Jersey 07644, for Concrete Sidewalk Restoration over Water and Sewer Utilities Excavations, in an amount not to exceed Three Hundred Forty-Five Thousand Dollars and Zero Cents ($345,000.00), for a period of two (2) years from the date of the Notice to Proceed issued by the Director of the Department of Water and Sewer Utilities.