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HomeMy Public PortalAboutr 23-106ymool titan of 14Q No #23-106 - Date of Adoption April 13, 2023 RESOLUTION AUTHORIZING AN EMERGENCY PURCHASE FROM PSI PROCESS & EQUIPMENT GROUP FOR EMERGENCY SEWAGE FAILURE REPAIR WHEREAS, N.J.S.A. 40A:11-6 provides that a purchase, contract or agreement may be made, negotiated or awarded without public advertising for bids and bidding therefore, notwithstanding that the cost of contract price will exceed the amount set in the prevailing bidding threshold, when an emergency affecting the public health, safety or welfare requires the immediate delivery of performance of services, provided: A written requisition for the performance of such work or labor, or the furnishing of materials, supplies or services is filed with the contracting agent or his deputy in charge describing the nature of the emergency, the time of its occurrence and the need for invoking this section, certified by the officer or director in charge of the department wherein the emergency occurred, or such other officer or employee as may be authorized to act in the place of said officer or director, and the contracting agent or his deputy in charge, being satisfied that the emergency exists, is hereby authorized to award a contract for said work or labor, materials, supplies or services; and WHEREAS, an emergency situation meeting the criteria set forth above resulting from an EMERGENCY SEWAGE FAILURE REPAIR; and WHEREAS, an emergency purchaso/repair was made by PSI Process & Equipment Group, P.O. Box 117, Middlesex, NJ 08846 in the amount not to exceed of $45,627.51 for said Sewage Failure Repair with regard to the Dorothy Street Sanitary Sewer Pump Station. NOW THEREFORE BE IT RESOLVED that the Mayor and Council of the Borough of Carteret, does hereby authorize the payment of $45,627.51 to PSI Process & Equipment Group, P.O. Box 117, Middlesex, NJ 08846 for the emergency purchase described herein in accordance withN.J.S.A. 40A:11-6. Acct.# 2-05-55-501-207 Adopted this 13'^ day of April, 2023 and certified as a true copy of the original on April 14, 2023. CARMELA POGORZELSKI, RMC Municipal Clerk • RECORD OF COUNCIL VOTE COUNCILMAN YES NO NV A.B. COUNCILMAN YES NO NV A.B. BELLINO X JOHAL X DIAZ X KRUM X DIMASCIO X NAPLES X X- Indicate Vote AB - Absent NV -Not Voting XOR- Indicates Vote to Overmus to Adopted at a meeting of the Municipal Council r f�) Apr'1 13 I rr 202� IUl11li1rlQ1 41C1 t\ � t BOROUGH OF-CAMSi T DOMWAReiman, Mayo' CAPWAA POGORZELS1q, MUNICIPAL CLERIC Date; April 6.2023 Tot Patrick DoBlasio Treasurer Borough of Carteret RBQUCiS,I, FOR CERTIFICATION OF AVAILABLE FUNDS For., USOLUTION AUTHORIZING ANEMERGENCYPURCIIASC FROM I'SI PROCESS & EQUIPMENT GROUP TOR EMERGENCY SEWAGE FAILURE REPAIR, Resolution #I 923- Name of Account: PSI PROCESS & EQUIPMENT GROUP 1 /� AMOUNT TO RE ENCUMBERED; Amount not to exceed $A5,627.51 CARMItA P000 ZBL. KI Municipal Clerk CRRTIFICATION OF AVAILABILITY OF FUNDS I, Treasurer of the Borough of CaNcrol, do hereby certify that theca are sufficient iunds available in the current Budgetto enable the Municipal Council to aulhorize the entering into a Contract between the Borough of Carterol and; _ Y. '/ , .rtc1� lc�l: 8 z Cz t�l The funds available for this contract are in file Budget, in the account of. In the amount of: y By this cortificalion, I have hereby encumbered the above named account for tho amount of the contract pending Connell notion. Patrick DeBlase �j Date; �`� Treasurer / iv7eln0rialMunicipall3ui1dU,g ® 61CooIooAvenue a Cafteret,New iexsey07008 Tel; 732-a k1-3800 11= 732-5$1-8925 0 clerkoflice@cafteret net www.carteret net Pogorzelski, Carmela From: Dupont, John Sent: Wednesday, April 5, 2023 3:15 PM To: Mayor Cc: Llanos, Ricardo; Pogorzelski, Carmela Subject: Sewer Emergency Attachments: QT_SQ36880.pdf; QT_SQ36542.pdf; QT_SQ39389.pdf Importance: High Am I have a couple emergency issues at some of our pump stations. I am requesting your approval for emergency authorization for approximately 60K — see below John After talking to Joe A., here's our breakdown and recommendations with the attached quotes from PSI. The following quotes we should move forward with given the recommended timeline: PSI Quote#SQ36880 Middlesex PS— $4,080.84 This quote is to repair the pump that was taken out for repair. Currently, the spare pump is installed at the station. Once this repair is complete the pump will act as the spare pump for the station PSI Quote#SQ39389 Middlesex PS—$9,284.04 This quote is to replace the voltage transformer and surge protector at the station. This is needed electrical replacement work as the station is currently being bypassed electrically. The following quote should be executed ASAP as the station is in need of the grinder to be installed: PSI Quote#SQ36542 Dorothy PS — $45,627.51 The Dorothy station has a priority need of a new comminutor as the old one removed from repair is priced higher to fix than a full replacement. Please give me an update with what the Borough will be proceeding with on the above and we can assist with move the items forward with PSI. Thanks, Pete Giammona PE, CME Sr. Project Engineer Pumping Services, Inc. 201 Lincoln Boulevard Middlesex, 08846A PSI Service Quotation (732)489A54-0540 PROCESS www'psiprocess.com Electrical Contractor Bus. Permit #34EB01825300 Employee Owned BILL TO 002108 Borough of Carteret 61 Cook Avenue Carteret, NJ 07008 Quote # SQ36542 Quote Date 02/03/22 Date Printed 03/30/23 Page 1 of 2 SHIP TO FBorough of Carteret Dorothy Street PS Dorothy Street Carteret, NJ 07008 CONTACT PAYMENTTERMS JOB# INSTRUCTIONS John Dupont Net 30 Days Pending Approval I PSI-017418 WRITTEN BY FREIGHT TERMS SHIP VIA Lou Moscet8 FREIGHT INCLUDED OUR TRUCK - PICK-UP REQUIRED Model : CMD2410-XDS2.0 JWC CHANNEL MONSTER Serial#: 110445-1-1 -------> Description Of Service Job A <------- ESTIMATE -------> Solution Of Service Job A <------- This quote Is for the shop repair of your equipment. Please read this proposal carefully. LAB01 Shop Mechanic Regular time -------> Description Of Service Job B <------- Upon evaluation we found gearbox and top of unit full of contaminated grease and sewage, causing failure of bearings and pinion shafts. All teeth are badly worn, some missing causing damage to both the drive and driven shafts. From teeth being worn at the bottom of the unit rags collected and wore into lower seal housing. To repair the grinder exceeds the cost of a replacement. New unit comes complete with speed reducers and 3HP submersible motor, customer to use existing control. -------> Solution Of Service Job B <---- --- We are including a proposal for new equipment. This equipment is not the same equipment we have in our shop for repair but it is the equipment we recommend. We guarantee that it will fit and operate in you existing system or we will take it back at no charge. If you approve this proposal, please indicate whether you are choosing to repair or purchase new equipment. If you exercise the purchase option, please indicate if you want your old equipment returned. Otherwise, we will dispose of it for you. Thank you very much for this opportunity to be of service. PUMP Taskmaster grinder TM14024 14"X24" LABORDAY2 Two Man Crew with Truck One Day Labor Charge (8 Hours) 42555.5000 EA 42,555.50 3072.0069 EA 3,072.01 Continued... Pumping Services, Inc. Mid201 Lincoln Boulevard S 20, Li colnB 08848 Service QuA P otation (732) 469-0540 PROCESS www'pslprocess.com Elecirical Contractor Bus. Permit #34EB01825300 Employee Owned Quote # SQ36542 Quote Date 02/03/22 Date Printed 03/30/23 Page 2 of 2 Prices are valid for 15 days beyond the original quote date. Pumping Services, Inc. cannot store equipment more than one month after transmittal of our first quote. If this quote involves equipment in our shop for repair, we will contact you twice via phone and/or fax and finally once by certified letter requesting a response. Two weeks after receipt of our final letter or its undeliverable return, Pumping Services, Inc. will dispose of the equipment at its discretion. SUB -TOTAL HANDLING MISC CHARGE TAX FREIGHT QUOTE TOTAL 45,627.51 0.00 0.00 0.00 0.00 45,627.51 Acceptance of Proposal: The preceding prices, specifications and conditions including those on the reverse side (rev. 2004.03.09) of this page are satisfactory and hereby accepted. You are authorized to proceed. Signature Accepted By Print Name Purchase Order Number Date: / / Terms and Conditions - Rev. 2004.03.09 All orders shall be made out to Pumping Services, Inc. ('PSI") and shall be subject to acceptance by PSI. IN ADDITION TO THOSE TERMS AND CONDITIONS LISTED ABOVE, THE FOLLOWING ADDITIONAL Hereafter, PSI is sometimes referred to Interchangeably as the Seller and We. The purchaser of goods and TERMS AND CONDITIONS SHALL APPLY TO RENTAL TRANSACTIONS AND A RENTAL services ham PSI shall be re/erred to as the Buyer and You. AGREEMENT IS UNDERSTOOD TO EXIST UNDER THE TERMS AND CONDITIONS LISTED BELOW IF EQUIPMENT IS RENTED BY BUYER REGARDLESS OF WHETHER BUYER SIGNS A SPECIFIC 1. All transactions between Buyer and Seller shall be governed solely by the terms and conditions set forth herein, which supersede any conflieUng terms and conditions of Buyers purchase order, notwithstanding any statement in Buyers purchase order to the contrary. Exceptions to any of Sellers terms and conditions must be watched in a typed statement received from the Buyer. Seller shall not be deemed to have waived any of its terms and conditions or to have assented to any modification or alienation of such terms and conditions unless such waiver or assent is in writing and signed by an authorized officer of Seller. No representation of any kind has been made by Seller except as set forth herein. This agreement supersedes all prior wotings and negotiations with respect thereto, and Seller Is obligated to punish only the quantities and Items specifically listed on Its proposal. Seller assumes an responsibility for furnishing other equipment or material shown on any plans and/or In specifications for a project. 2. Seller shall not be responsible for any delays in shipping. 3. Any claim that equipment, materials or services are unacceptable or no toonfwming shall be made in writing to the Seiler, within ten (10) days of the delivery of the goods or the rendering of the services, add 9 not so made same shall be deemed waived, and such waiver shall be deemed to bind Buyer to Pay Seller the full price for such equipment, materials or services. Any statement of account sent by Seller to Buyer shall be considered correct, accepted and binding upon Buyer, except for specific objections which the Buyer makes In codling to Seller within fifteet(16) days of the dale of the statement. Failure to make such timely objection in writing shall be deemed an admission by Buyer that the amount set forth on the statement Is due and owing to Seller and that, as of the date of the statement, there are no set-o0s, credits or counterclaims which would affect the amount of such debt. 4. Any errors In pricing or calculation are subject to correction. 5. Unless otherwise noted, prices are F.O.B. shipping point. A claim far loss or damage In transit must be entered with the carder and prosecuted by Buyer. 6. In order to secure the obligations of Buyer to Seller, Buyer hereby grants to Seller, pursuant to Article 9 of the Uniform Commercial Code, a lien upon all equipment and materials sold by Seller to Buyer. In the event Buyer shall default In any obligation owed to Seller, Seller shall have all rights of a secured party upon default as provided for in Article 9 of the Uniform Commercial Code. Buyer agme s to execute any documents deemed necessary to Seller to perfect the security Interest granted herein. 7. The amount of any applicable present or future tax or other government charge upon the production, sale, shipment or use of equipment or materials ordered or sold, serviced or rented will be added for billing unless Buyer provides Seller with an appropriate exemption cur ificate. 8. Orders may be canceled only with the written consent of Seller and upon payment of a cancellation charge as determined by Seller. Equipment and materials may he returned only when spendfimlly authorized and Buyer shall be charged for placing returned goods in salable condition, any sales expenses then Incurred by Seller, plus a restocking charge to he determined by Seller, and any outgoing and InseMng transportation seals which Seller pays. 9. SELLER DOES NOT MAKE ANY WARRANTY AS TO MERCHANTABILITY OR AS TO FITNESS OF THE EQUIPMENT OR MATERIALS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTY, EXPRESS OR IMPLIED, except that tide to any goods sold by Seller is not the subject of any lien, claim or encumbrance. 10. All sales shall be governed by the laws of the State of New Jersey and shag be deemed to have occurred in the State of New Jersey. The Courts of the State of New Jormy shall have exclusive jurisdiction over any cause of action arising from or connected with the sale of equipment or materials or the rendering of services by Seller to Buyer hereunder. 11. Buyer hereby agrees to pay all invoices when due. Any involce not so paid will accrue interest at the rate of one and one-half percent (1.6%) per month calculated from the date of each invoice. If Buyer falls to pay to Seller any amount when due, then all outstanding =cents shall, wiffm demand, became Immediately due and payable by Buyer to Seller. If, after default, the matter is referred by Seller to an attorney for collection, than, without demand, them shall be added to the amount due, attorneys' fees equal to twenty percent (20%) of the balance due, plus all costs of suit. Including deposition cost% repossession/relaking fees, transcript seats, the seat of experts' reports, and expert witness fees. 12. Seller may, in Its sole discretion, decline to deliver or provide equipment, materials or services except for cash, or slop equipment or materials In transit, whenever Seller has any reasonable doubt as to Buyers ability to pay for such equipment, materials or services. Pro-rata payments shall became due with partial N B I Ibl / d I i Id th d /th 1 1 fth RENTAL CONTRACT (PSI IS HEREAFTER REFERRED TO AS "LESSOR" AND BUYER AS "LESSEE") 16. LESSEE shall not encumber the venial contract or the equipment or permit the equipment to be removed to a location other than the address shown on the contract or credit application, or permit any others to use the equipment without LESSOR'S prior written consent. 17. LESSEE agrees to property care for the equipment and to use it within Its rated capacity, to restrict Its use to LESSEE's qualified personnel who have been previously Instructed in proper equipment operation, to prohibit anyone other than LESSORS authorized personnel to repair or adjust the equipment, and to notify LESSOR Immediately of accidents, disabilities, failures or similar Information cou ceming the equipment. LESSEE further agrees la pay for all damages tothe equipment resulting from improper use or abuse of the equipment upon receipt of loveless therefor from LESSOR for LESSOR' cost and expense of such repair. LESSEE shall be responsible far all ordinary maintenance of the equipment, Including supplying fuel, oil, grease and water and daily checking of the general condition, Including oil level, cooling system and battedes, recharging batteries, etc. LESSOR will service the equipment so as to malnlain it in working condition, and LESSEE agrees to make the equipment available for such servicing by LESSOR at reasonable times during business hours. LESSEE agrees to pay the difference between the straight use and overtime use for mechanic's time in performing such servicing. 18. LESSEE agrees that LESSOR shall not be liable to LESSEE or the rental coolant impugned based on LESSOR'S failure to repair the equipment if disabled or fumish substitute equipment for any reason whatsoever. LESSOR shag, In no event, be liable for special or consequential damages of any nature whatsoover or however caused. 19. The equipment Is leased F.O.B. LESSOR's warehouse, and LESSEE agrees not to remove the equipment to a location other than that shown on the contract or credit application without the prior written mnsentof LESSOR. 20. LESSEE agrees at the temdnation of the contract to return, at LESSEE's expense, the equipment to LESSORS warehouse in the same condition as when received by LESSEE, reasonable wear and tear excepted. 21. To the fullest extent permitted by law, LESSEE shall indemnify and hold harmless LESSOR and all of its agents, servants and employees from and against any and all claims, damages, loss, expenses and allomeys' fees arising act of or resulting from the operation, maintenance and use of the equipment. 22. A) LESSEE shall provide and pay for all risk insurance against physical loss or damage to the equipment in an amount equal to the full insurable value of the equipment. Such policies shall name LESSOR and Its assigns as an additional Insured, as their Interests may appear. B) LESSEE also agrees to provide and pay, at Its own cast and expense, for comprehensive general liability insurance, including contractual liability coverage, which Insures both LESSEE and LESSOR and their agents, servants and employees for any and all claims, accidents, liability, damages, loss and expenses losing out of or in any way resulting from the operation, maintenance and use of the equipment rented under this agreement, that results in bodily Injury, sickness, disease, death or Injury to or destruction of property, including the loss of use resulting therefrom. The Insurance herein shall be primary Insurance for LESSOR and LESSEE and shall be In an amount not less than $1,000,000 combined single limit for bodily injury or properly damage. C) LESSEE shall famish LESSOR with certificates of Insurance evidencing the coverage's set forth above, which shall provide far thirty (30) days poor written notice by certified mall, Islam receipt requested, to LESSOR ofany cancellation or change reducing any such coverage. The certificates of Insurance shall specifically state that LESSOR is an additional Insured under LESSEE's policy of Insurance as regecled in Paragraphs A and B above, and that the coverage for LESSOR Is primary coverage, and not excess to or concurrent with any other insurance coverage that may be available to LESSOR. The Insurance so provided shall be effective during the period from the moment of delivery of each gem of equipment to LESSEE until the moment of return or surrender of possession of the last such Item of equipment to LESSOR or his authorized representative. 23. If LESSEE fails to pay any rental or other sum payable hereunder when due or If LESSEE becomes subject to any state or federal insolvency, bankruptcy, receivership, hustoeship or similar proceeding, or it an LESSEE shall default In any other leof this seemed, LESSOR may immediately terminate this contract by notice in woting to LESSEE and repossess all items of equipment wherever they may be found, but LESSEE shall nevertheless remain liable for all sums then due. The comedies provided herein in favor of LESSOR shall not be deemed exclusive but shall be cumulative and shall be In addition to all other remedies In LESSORS favor existing at law or In equity. Any notice hereunder shall be deemed sufficiently given if in wddng and delivered to LESSEE personalty ar sent by mail addressed to LESSEE at the address set forth on the contract or credit application. s pmenia. Where uyer surepme eon n any may s much, a alo osacomp el ane equipment or materials shall be the date of shipment for purposes of payment. Completed equipment and 24. Any option to purchase the equipment upon any basis whatsoever given by LESSOR to LESSEE materials shall be held at Buyers cost and risk, and Buyer shall be responsible for all storage and must be a separate written option duly signed by an officer of LESSOR. Unless such a written option is insurance costs. actually provided to LESSEE, it is understood that no option of any kind. written or oral, has been provided. 13. Seller shall Trot be liable to Buyer or to any other person for any loss, damage or expense of any kind 25. All rates on gas and diesel driven equipment are based on an 8 hour day, 40 hour week, and 160 or for direct or consequential damages relative (a, arising from or caused directly or indirectly by any hour month. Overtime shall be charged by the hour at one and one -haft (1112) the then applicable rates. equipment, materials or services or any supplies or accessories or the use thereof, or any deficiency, A rental month Is 28 calendar days. defect or inadequacy thereof, or any delay in delivery or installation thereof, it being agreed that the extent of Sellers liability, express or Implied, shall be limited to adjustment, repair or pads replacement as 26. Rental starts immediately upon delivery of the equipment to LESSEE at LESSORS warehouse, provided herein. Rental ends upon return of the last Item of equipment to LESSORs warehouse. No allowance shall be made for Sundays holidays or time in transit or for any period of time the equipment may not be in actual 14. Equipment or parts manufactured by others but famished, assembled, packaged or Installed by Seller shall be repaired or replaced only to the extent of the original manufacturers warranty. Sellers warranty on repairs/service Is 90 days from the date of service. Seller, upon racelpl of a customer request far service or repairs under Its warranty, shall, during normal working hours, make the necessary adjustment, repairs and pads replacements without charge to Buyer. Any service, repairs or pads or replacement of any equipment necessitated by loss or damage resulting from muses other than normal wear and leer to the equipment are not covered by this warranty, and shall be invoiced to Buyer at Setters then prevailing rates. No warranty shall apply to equipment which has been altered or repaired by anyone except Sellers authorized employees, and Seller shall not be liable In any event for alterations or repairs made by others, except those made with its written consent. Explicltiy excluded from this warranty are pump wear parts and hoses installed in bypass pumping. 16. All services performed by Seller shall be charged on a time and materials basis unless a different charge is agreed to in writing in advance attach saddles. All fieM service Involving sewage pumps and/or confined spaces require two (2) servicemen. Charges for services performed shall commence when Seller begins preparations at its shop and end upon the last serviceman's return. Travel time Is billed at the same rate. Boom equipped service tucks, confined space entry, work at landfills or hazardous waste sites, mechanics and helpers, and all rental equipment and maledel utilized will be billed at Sellers then prevailing rates. All unscheduled service requested by Buyerwithout at least we business days notice shall be charged atone and one half (11/2) times the Sellers then prevailing rates. Thereshall be a minimum charge for emergency service, which charge is subject to change without notice. Charges for emergency service commence when the servicemen leave home and end upon their return, if applicable. use while In LESSEE's possession. All transportation or trucking charges are to be paid by LESSEE. 27. LESSEE covenants and agrees to make a complete inspection within 24 hours after receipt of the equipment. Any claims far defects shall be made within such 24-hour pedad, and If no such claims are made within such 24-hour period, then said equipment shall be deemed to be in good, sale and serviceable condition, and fit far its Intended uses, and LESSEE's right to make a claim for defects shall be deemed waived. 28. Neither the whole, nor any part of the equipment hereby leased, shall be sublet, or suffered to by sublet, by LESSEE. 29. The failure by LESSOR at any one or more times to insist upon strict performance by LESSEE of the terms and/or conditions of this agreement shall not be construed as a waiver of LESSOR's right to demand strict compliance with and performance under all terms and/or conditions hereunder. Notice of said demand for shict compliance is hereby waved and time is expressly made of the essence hereunder. 30. All engine driven equipment is delivered full of fuel. On return, LESSOR shall rang the machinery and LESSEE shall be responsible for payment for the fuel used at LESSOR's then prevailing rates.