Title
Dept/ Agency: Water and Sewer Utilities
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Bid Contract
Purpose: To perform Preventative Maintenance and Repairs of the Chlorine System at the City of Newark's Water Treatment Plant.
Entity Name: Ray Palmer Associates, Inc.
Entity Address: 95 King Street, Dover, New Jersey 07801
Contract Amount: Not to exceed $200,000.00
Funding Source: 2019 Budget/Department of Water and Sewer Utilities Budget/NW037-750-7502-71770
Contract Period: Two years from date of Notice to Proceed
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: Two (2)
Bids Received: One (1)
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WHEREAS, on August 15, 2019 the City of Newark advertised for bids for Contract to Perform Preventive Maintenance and Repairs of the Chlorine System at the City of Newark's Pequannock Water Treatment Plant; and
WHEREAS, the Department of Water and Sewer Utilities distributed two (2) bid packages to prospective vendors following the date of advertisement; and
WHEREAS, on August 29, 2019 the Department of Water and Sewer Utilities received one (1) bid for the said project in accordance with the Local Public Contracts Law N.J.S.A. 40A:11-1 et seq.; and
WHEREAS, Ray Palmer Associates, Inc., 95 King Street, Dover, New Jersey 07801, submitted the lowest, responsive and responsible bid in the rate of $160.00 per hour for year one, and $165.00 per hour for year two for preventive maintenance and repairs, according to the bid specifications; and
WHEREAS, the City of Newark wishes to accept the bid submitted by Ray Palmer Associates, Inc., and execute a contract to Perform Preventive Maintenance and Repair of the Chlorine System at the City of Newark's Pequannock Water Treatment Plant, with Ray Palmer Associates, Inc., 95 King Street, Dover, New Jersey 07801, for an amount not to exceed $200,000.00; and
WHEREAS, this contract is for an amount over $17,500.00 and is being awarded as a Fair and Open contract pursuant to N.J.S.A. 19:44A-20.5; and
WHEREAS, the 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.
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 and/or his designee, the Acting Director of the Department of Water and Sewer Utilities, to accept the lowest, responsive and responsible bid submitted on August 29, 2019, by Ray Palmer Associates, Inc., 95 King Street, Dover, New Jersey 07801, to execute a contract to Perform Preventive Maintenance and Repair of Chlorine System at the City of Newark's Pequannock Water Treatment Plant with Ray Palmer Associates, Inc., for an amount not to exceed $200,000.00 for a period of two (2) years (with a rate of $160.00 per hour for year one, and $165.00 per hour for year two) for preventive maintenance and repairs, according to the bid specifications, and commencing upon the issuance of a Notice to Proceed by the Department of Water and Sewer Utilities.
2. Pursuant to N.J.A.C. 5:30-5.5, a Temporary Budget, attached hereto is a partial Certification of Funds from the Director of Finance which states that funds in the amount of $10,000.00 are available in the 2019 Budget to Perform Preventive Maintenance and Repair of Chlorine System at the City of Newark's Pequannock Water Treatment Plant under Business Unit: NW037, Department ID: 750, Division/Project: 7502, Account # 71770 Budget Ref B2019. The certification shall be filed along with the original resolution in the Office of the City Clerk. The remainder of the funding for the contract will be subject to appropriation in the 2020 and 2021 budget and included in a line item for the award of this contract and said funds will be certified prior to services being provided by the contractor. There will be no expenditure of funds authorized until a Certification of Funds is obtained and a copy filed with the City Clerk.
3. 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.
4. There shall be no amendment or change to this contract without approval by the Newark Municipal Council.
5. There shall be no advance payment on this contract in accordance with N.J.S.A. 40A:5-16.
6. The Acting Director of the Department of Water and Sewer Utilities shall file a fully executed copy of the contract in the Office of the City Clerk.
7. This contract was solicited and awarded through a fair and open procedures of the State 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 Contractor Pay-to-Play reform ordinance, R.O. 2:4-22C.
8. If required by State Law, the City Clerk shall provide the appropriate Notice of 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 designee, the Acting Director of the Department of Water and Sewer Utilities, to accept the lowest, responsive and responsible bid submitted on August 29, 2019 by Ray Palmer Associates, Inc., 95 King Street, Dover, New Jersey 07801 and to execute a contract to Perform Preventive Maintenance and Repair of the Chlorine System at the City of Newark's Pequannock Water Treatment Plant with Ray Palmer Associates, Inc., for an amount not to exceed $200,000.00, for a period of two (2) years, commencing upon the issuance of a Notice to Proceed by the Department of Water and Sewer Utilities.