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HomeMy Public PortalAboutr 05:269 ~£Zúluttú1t ú£ ±q£ l@úrúu£q ú£ QIad£rd, ~ ~ W ~ No. 05-269 Date of Adoption Al1gl1"t 7'), 2005 AWARDING CONTRACT FOR THE 2005-2007 ANNUAL SEWER EMERGENCY SERVICE CONTRACT WHEREAS, the Borough of Carteret ("Borough") authorized the preparation of bid specifications and contract documents and advertisement for receipt of bids for the 2005-2007 Annual Sewer Emergency Service Contract; and WHEREAS, B & W Construction submitted the lowest bid for said work as evidence by the response on file with the Borough's Purchasing Department; and WHEREAS, the Borough Engineer has reviewed the above referenced bid proposa1 and has recommended an award of a contract for said work to B & W Construction; and WHEREAS, the Borough's Chief Financial Officer has certified that funds are or wil1 be avai1ab1e for the award of a contract for said work. NOW THEREFORE BE IT RESOLVED by the Mayor and Council of the Borough of Carteret, County of Middlesex and State of New Jersey as fol1ows: I. That the Borough hereby awards the bid for the 2005-2007 Annua1 Sewer Emergency Service Contract to B & W Construction in the amount not to . exceed $255,425.00 for the first year and $268,280.25 for the second year. 2. That the appropriate Borough Officia1s are hereby authorized and directed to enter into a contract with B & W Construction in accordance in al1 respects with the request for proposals and bid on the same. 3. That a copy of this Res01ution shal1 be forwarded to the Borough's Purchasing Department and B & W Construction. Adopted this 25th day of August, 2005 and certified as a true copy of the of the original on August 26th, 2005. KATHLEEN M. BARNEY, RMC/CMC Municipa1 C1erk COUNCILMAN RECORD OF COUNCIL VOTE YES NO NV A.B. COUNCILMAN BELLINO X _ __-DI.AZ KRUM X X YES NO NV A.B. X x - Indicate Vote AB . Absent NV . Not Voting XOR· Indicates Vote to Overrule Veto Adopted at a meeting of the Municipal Council CLERK 12/20/2005 10:28 FAX 732 541 8925 BORO OF CARTERET CLERK 4.... -0.4"#r, ~rrrnug~ rrf ([arur:e± MIODLESEX COUNTY tIefrr ¿]rzrSetT OFFICE 0 f !\.A1'HL.EEN iI1. BARNEY, \!.."'!CIC~fC MUN1CI1è,'-!. CtE\!.h: Date: 12-20-05 TO: Patrick DeBlasio, Treasure.r Borough of Carteret REQUEST FOR CERTIFICATION OF AVAILABLE FUNDS: For: AWARDING CONTRACT FOR THE 2005-2007 ANNUAL SEWEI EMERGENCY SERVICE CONTRACT. ¡'¡B¡n~ of Account: RES. #05-269 AMOUNT NOT TO EXCEED 1st yea! AMOUNT TO BE ENCUMBERED ~ ?n,1 )'ØQ> AT AN HOURLY RATE ACCORDING TO RATE SCHEDULE. ~;1(,..j~~ KATHLEEN M. ]ARNEY, Municipal Clerk ------~--~------~-----~--------------------~------~-~~-----, CERTIFICATION OF. AVAILABILITY OF FUNDS I, Treasurgr of the Bo.ough of Ca.teret, do h~r~by ·certify "It there are sufficient funds available in the current budget enable the Municipal Council to authorize the entering into Contract between the Borougl\ af Cnrteret"and: /J.j k> Th~ funds available ·ior this contract ye in the Budget. in I,e account of: ('_0<1_ o;:-{1>I-Á~t 16'Î:5<.{~,D'i' . '. ç. t.t C-o'I-<>/~/b)-;O:¡'í ;J.5t ;/.'N· ¿J.>'I_ 0'1-/7'>_)01 '/;] ]:;-1.'-17 , .' in the amount of: ;;2.. :5:5 , t( ~'S ,9=" By this certification_ I have hereby encumbered the above n. I,d account for the "mount of the contract pending Council acti, pnt~~~~SiO' TI;."è,e.surer DATE: /)-h<?/~ ¡'0.-0 e: )- """,,7 -íb í;,¿ r-..rt),{) w,~ r:.s ~-'€. c; 1" p~,..»" I4J 001 :;255,4)5 00 .:;268, ::181 .75 L~ CONTRACT BOROUGH OF CARTERET MIDDLESEX COUNTY, NEW JERSEY ANNUAL SEWER SYSTEM EMERGENCY SERl.:ICE CONTRACT Resolution No.: 05-218 (tJó-76 1) THIS AGREEMENT made, as of the latest date of execution by either of the parties, as noted with their respective signatures, BETWEEN the Borough of Carteret, herereinafter cal1ed the OWNER, and B & W Construction, hereinafter called the CONTRACTOR. WITNESSETH: That the OWNER and the CONTRACTOR, for the consideration hereinafter specified, agree as follows: ARTICLE ONE: SCOPE OF WORK: CONTRACTOR covenants and agrees to provide al1 necessary machinery, tools and equipment and to furnish and deliver al1 materials, and to do and perfonn in a good and workmanlike manner al1 the work and labor required to be furnished and delivered, done and perfonned in confonnity with the Contract Documents Annual Sewer System Emergency Service Contract hereto annexed, which said Contract Documents to include the Notice to Bidders, Proposal Infonnation for Bidders, General Conditions, Special Provisions and Specifications (Contract No. 05-5) and Contractor's Proposal on the same annexed thereto are hereby made a part of this agreement as ful1y and with the same effect as if the same had been set forth in the body of this agreement. ARTICLE TWO: TIME OF DELIVERY AND PERFORMANCE: Said delivery or perfonnance shal1 be in accordance with the provisions of the Contract Documents annexed hereto, and if no time is set forth therein, as directed by the OWNER. ARTICLE THREE: PAYMENT: OWNER agrees to pay CONTRACTOR for said work and materials, when completed or delivered, as the case may be, in accordance with the said Contract Documents and within the time stated, for the actual quantity of authorized work done lUlder each item scheduled in the Proposal at the respective unit price bid therefore by the CONTRACTOR, which payment according to the estimated quantities wil1 not exceed $255,425.00 for the first year starting August 1, 2005 through July 31, 2006, with the Borough reserving the option to extend this Contract for an additional year trom August 1, 2006 to July !B-1 Rev. 5/9/05 31, 2007 under the same terms and conditions provided for herein at total cost not to exceed $268,280.25. Payments to be made in accordance with the OWNER's usual requirements for submission of invoices and vouchers and approval by authorized official(s). It is further agreed that the OWNER reserves the right to reduce or increase any or all of the quantity of each item at the unit price bid. Acceptance of the final payment by the CONTRACTOR shall be understood to be a release in full of all claims against the OWNER arising out of or by reason of the work done anà the materials furnished under this Cûntract. ARTICLE FOUR: INDEMNIFICATION: The CONTRACTOR will make all payments of proper charges for said work required in accordance with said Contract Documents and will indemnifY and save harmless the OWNER, the Engineer and their officers, agents, or servants, and each and every one of them, against and from all suits and costs of every name and description, including royalties, fees or claims for the use of patented methods, of patented rights, or copyrights and from all damages to which the OWNER, the Engineer or any of their officers, servants or agents may be put by reason of injury to person or property of others, resulting from carelessness in the performance of said work or through the negligence of the CONTRACTOR or through any act or omission on the part of the CONTRACTOR, its agents or agent. ARTICLE FIVE: ASSIGNMENT OR SUBLETTING: CONTRACTOR covenants and agrees not to assign or sublet the work specified or covered under the terms of this agreement without the prior approval in writing of the OWNER. ARTICLE SIX: DISCRIMINATION: It is agreed that the provisions contained in R.S. 10:2-1 et seq. prohibiting discrimination and providing for the imposition of penalties against the CONTRACTOR for such discrimination and the right of cancellation and incidental remedies in favor of the OWNER in the event of such discrimination shall become a part of this Contract as if fully set forth herein. ARTICLE SEVEN: AFFIRMATIVE ACTION REQUIRED: In accordance with Section 3.4(b) of the Affirmative Action Regulations adopted pursuant to P.L. 1975, Chapter 127, the following is made a part of this Contract: !B-2 Rev, 5/9/05 MANDATORY AFFIRMATIVE ACTION REQUIREMENTS FOR PUBLIC WORKS CONTRACTS AND CONSTRUCTION CONTRACTS (NJ.A.C. 17:27-1 et seq.) EQUAL OPPORTUNITY AND AFFIRMATIVE ACTION REQUIREMENTS During the perfoTInance of this cûntract, the cûntractor agrees as fo11ov/s: a. The contractor or subcontractor, where applicable, will not discriminate against any employee or applicant for employment because of age, race, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation. The contractor will take affirmative action to ensure that such applicants are recruited and employed, and that employees are treated during employment, without regard to their age, race, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Public Agency Compliance Officer setting forth provisions ofthis nondiscrimination clause; b, The contractor or subcontractor, where applicable, wil1, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to age, race, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation; c. The contractor or subcontractor, where applicable, will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer advising the labor union or workers' representative of the contractor's commitments under this act and shall post copies of the notice on conspicuous places available to employees and applicants for employment; d. The contractor or subcontractor, where applicable, agrees to comply with regulations promulgated by the Treasurer pursuant to P.L. 1975, c. 127, as amended and supplemented ITom time to time. !B-3 Rev, 5/9/05 MINORITY AND FEMALE EMPLOYMENT GOAL OBLIGA nONS e. When hiring workers in each construction trade, the contractor or subcontractor agrees to attempt in good faith to employ minority and female workers in each construction trade consistent with the applicable employment goal prescribed by N.J.A.C. 17:27-7.3; provided, however, that the affirmative action office may, in its discretion, exempt a contractor or subcontractor ITom compliance with the good faith pïûcedüres prescribed by (A), (B) an.d (C) belov·,r, as long as the Affirmative Action Office is satisfied that the contractor is employing workers provided by a union which provides evidence, in accordance with standards prescribed by the affirmative action office, that its percentage of active "card carrying" members who are minority and female workers is equal to or greater than the applicable employment goal prescribed by N.J.A.C. 17:27-7.3, promulgated by the Treasurer pursuant to P.L. 1975, c.127, as amended and supplemented ITOm time to time. The contractor or subcontractor agrees that a good faith effort shall include compliance with the following procedures: (A) If the contractor or subcontractor has a referral agreement or arrangement with a union for a construction trade, the contractor or subcontractor shall, within three days of the contract award, seek assurances from the union that it will cooperate with the contractor or subcontractor as it fulfills its affirmative action obligations under this contract and in accordance with the rules promulgated by the Treasurer pursuant to P.L. 1975, c.127, as supplemented and amended ITom time to time. If the contractor or subcontractor is unable to obtain said assurances from the construction trade union at least five days prior to the commencement of construction work, the contractor or subcontractor agrees to attempt to hire minority and female workers directly, consistent with the applicable employment goal. If the contractor's or subcontractor's prior experience with a construction trade union, regardless of whether the union has provided said assurance, indicates a significant possibility that the trade union will not refer sufficient minority and female workers consistent with the applicable employment goal, the contractor or subcontractor agrees to be prepared to hire minority and female workers directly, consistent with the applicable employment goal, by complying with the hiring procedures prescribed under (B) below; and the contractor or subcontractor further agrees to take said action immediately if it determines or is so notified by the affirmative action office that the union is not referring minority and female workers consistent with the applicable employment goal. IB-4 Rev, 5/9/05 (B) If the hiring of a workforce consistent with the employment goal has not or cannot be achieved for each construction trade by adhering to the procedures of (A) above, or if the contractor does not have a referral agreement or arrangement with union for a construction trade, the contractor or subcontractor agrees to take the following actions consistent with the applicable county employment goals: (1\ 1) (2) (3) (4) (5) 'T'~ n.....i-~.ç.' thðo Dnhl;", A 0-'::>"£',(' Cnn1nli~nÍ'p Offi.eer, .A.ff1.rm~_t.iv. e .IV lVLJ.J.] 11'-' J. y..,.U...... :Lõ.....J.J......J ......1..1....1-'........... ""... --- -- - ~ - Action Office, and at least one approved minority referral organization of its manpower needs, and request referral of minority and female workers; To notifY any minority and female workers who have been listed with it as awaiting available vacancies. Prior to commencement of work, to request the local construction trade union, if the contractor or subcontractor has a referral agreement or arrangement with a union for the construction trade, to refer minority and female workers to fill job openings; To leave standing requests for additional referral to minority and female workers with the local construction trade union, if the contractor or subcontractor has a referral agreement or arrangement with a union for the construction trade, the State training and employment service and other approved referral sources in the area until such time as the workforce is consistent with employment goal. If it is necessary to layoff some of the workers in a given trade on the construction site, to assure, consistent with the applicable State and Federal statutes and court decisions, that sufficient minority and female employees remain on the site consistent with the employment goal; and to employ any minority and female workers so laid off by the contractor or any other construction site in the area on which its workforce composition is not consistent with an employment goal established pursuant to rules implementing P.L. 1975, c.127; (6) To adhere to the following procedure when minority and female workers apply or are referred to the contractor or subcontractor: IB-5 Rev. 5/9/05 (i) If said individuals have never previously received any documents or certification signifying a level of qualification lower than that required, the contractor or subcontractor shall determine the qualifications of such individuals and if the contractor's or subcontractor's workforce in each construction trade is not consistent with the applicable employment goal, it shall employ such "___,...,_._.-, -..1..;_1.. ~~+:~.h7 ................_...............;....+ca r..v)o1~.f:....<::It;...,.., ",tQnr1o;arrl",· pt;r::-iUl1;:j WUl\"ll ~au".1Y applVp.lJ.UL\.. 'iuu.,U.J.J.Vu.uvu .,..o..u.n...o..u........' provided however, that a contractor or subcontractor shall determine that the individual at least possesses the skills and experience recognized by any worker skills and experience classification determination which may have been made by a Public Agency Compliance Officer, union, apprentice program or a referral agency, provided the referral agency is acceptable to the Affirmative Action Office and provided further, that, if necessary, the contractor or subcontractor shall hire minority and female workers who qualify as trainers pursuant to these rules. All of these requirements, however, are limited by the provisions of (C) below. (ii) If the contractor or subcontractor's workforce is consistent with the applicable employment goal, the name of said female or minority group individual shall be maintained on a waiting list for the first consideration, in the event the contractor's or subcontractor's workforce is no longer consistent with the applicable employment goal. (iii) If for any reason, said contractor or subcontractor determines that a minority individual or a female is not qualified or if the individual qualifies as an advanced trainee or apprentice, the contractor or subcontractor shall inform the individual in writing with the reasons for the determination, maintain a copy in its files, and send a copy to the Public Agency Compliance Officer and to the Affirmative Action Office. (7) To keep a complete and accurate record of all requests made for the referral of workers in any trade covered by the contract, on forms made available by the affirmative action office and submitted promptly to that office upon request. IB-6 Rev. 5/9/05 (C) The contractor or subcontractor agrees that nothing contained in preceding provision (8) shall preclude the contractor or subcontractor from complying with the hiring hall or apprenticeship provisions in any applicable collective bargaining agreement or hiring hall arrangement, and, where required by custom or agreement, it shall send journeymen and trainees to the union for referral, or to the apprenticeship; provided, however, that where the practices of a union or apprenticeship program wiÌÌ r~sult in the exc1üsiûl1 ûf minûrities âJ.ld females or the failure to refer minorities and female consistent with the county employment goal, the contractor or subcontractor shall consider for employment persons referred pursuant to said provision (8) without regard to such agreement or arrangement; provided further, however, that the contractor or subcontractor shall not be required to employ female and minority advanced trainees and trainees in numbers which resulted in the employment of advanced trainees and trainees as a percentage of the total workforce for the construction trade, which percentage significantly exceeds the apprenticeship to journey worker ratio specified in the applicable collective bargaining agreement, or in the absence of a collective bargaining agreement, exceeds the ratio established by practice in the area for said construction trade. Also, the contractor or subcontractor agrees that in, implementing the procedures of b. above, it shall, where applicable, employ minority and female workers residing within the geographical jurisdiction of the union. (D) The contractor agrees to complete an Initial Project Manning Report on forms provided by the Affirmative Action Office or in the form prescribed by the Affirmative Action Office and submit a copy of said form no later than three days after signing a construction contract; provided, however, that the Public Agency may extend in a particular case the allowable time for submitting the form to no more than 14 days; and to submit a copy of the Monthly Project Manning Report once a month (by the seventh workday of each month) thereafter for the duration of this contract to the Affirmative Action Office and to the Public Agency Compliance Officer. The contractor agrees to cooperate with the Public Agency in the payment of budgeted funds, as is necessary, for on-the-job and off-the-job programs for outreach and training of minority and female trainees employed on the construction projects, !B-7 Rev. 5/9/05 (E) The contractor and its subcontractors shall furnish such reports or other documents to the Affirmative Action Office as may be requested by the Office from time to time in order to carry out the purposes of these regulations, and public agencies shall furnish such information as may be requested by the Affirmative Action Office for conducting a compliance investigation pursuant to Subchavter 10 of the Administrative Code (NJAC 17:27). NOTE THE FOLLOWING WITH REGARD TO EXEMPTIONS AND FEDERALLY APPROVED OR SANCTIONED AFFIRMATIVE ACTION PROGRAMS f. A public works contract for a subcontractor with a total work force of four or fewer employees or for a contractor or subcontractor performing under an existing Federally approved or sanctioned affirmative action program shall contain as mandatory language required by P.L. 1975, c.127, all of the language of a. through c. above, and said contract shall not contain any other mandatory language prescribed by N.J.A.C. 17:27-1 et seq. g. Subsection e. above shall not apply to any construction contractor or subcontractor performing under an existing federally approved or sanctioned affirmative action program; or to any subcontractor which is exempted under N.J.A.C. 17:27-6.1 ITom the affirmative action plan requirements of N.J.A.C. 17:27-6.1 et seq,; or to any construction contractor or subcontractor bidding on or negotiating with a public agency operating under its own affirmative action construction program which has been designated as a State-approved affirmative action construction program pursuant to N.J.A.C. 17:27-6.5. This Contract shall be binding upon the OWNER, its successors and assigns, and upon the CONTRACTOR, its successors and assigns or heirs, executors, administrators and assigns. IN WITNESS WHEREOF, the OWNER has caused this instrument to be signed by attested by and the seal to be hereunto affixed, and the CONTRACTOR hereunto set their hands and seals, or caused these presents to be signed by their proper corporate officers and their proper corporate seal to be hereto affixed. IB-8 Rev. 5/9/05 OWNER 1. SIGNED BY: Daniel J, Reim .J TITLE Mavor DATE /..z -/'l-as- ATTEST: (SEAL) CONTRACTOR 1. SIGNED BY: Ra"nd Bas~~ SIGNATURE: (h~ J{~/ TITLE President DATE /J./J--/cJ 2. SIGNED BY: SIGNATURE: TITLE DATE 3. SIGNED BY: SIGNATURE: TITLE DATE ATTEST: (SEAL) Note: Attach additional signature sheets in the above form if necessary. Also execute and attach acknowledgment forms if required by the OWNER. lB-9 Rev. 5/9/05 2ß.rrrrrug~ rrf ([ari£r:e± MIDDLESEX COUNTY ~<ÍIJ ¿ HS<1r ,__ OFFrCE OF' !\.ATHL.EEN iI1. BARNEY, RMClc:'fC MUNICI1èAL CLERK Date: 12-20-05 TO: Patrick DeBlasio, Trea.sure.r Borough of Carteret REQUEST FOR CERTIFICATION OF AVAILABLE FUNDS: For: AWARDING CONTRACT FOR THE 2005-2007 ANNUAL SEWER EMERGENCY SERVICE CONTRACT. NB¡n~ of Account: RES. #05-269 AMOUNT NOT TO EXCEED 1st year $255,425.00 AMOUNT TO BE ENCUMBERED: ?nQ YI/'1i>r $ ?68, 280.75 AT AN HOURLY RATE ACCORDING TO RATE SCHEDULE. ~I'~',,--,~ ~ '\ KATHLEEN M. BARNEY, Municipal Clerk ---------------------------------------------------------------- CERTIFICATION OF. AVAILABILITY OF FUNDS I, Treasurer of the Borough of Carteret, do hereby certify that there are sufficient funds available in the current budget to enable th~ Municipal Council to authorize the entering into a Contract between the Borough of Carteret'and: ßJw The funds available ·for this contract are in the Budget. in the account of: C _2'1_ 0'> -1'61_ -.:0/ ~/b~-;'f__, =-i 6' C.O>{_ <>1-/1>5-~C¡t¡ ;¡,5-I,'(<( C .Oy. o·I-/7$-).~1 'SJ,J/·PO in the amount of: LS Š, .c/;..S,~ By this certification, I have hereby encumbered the above ;amed account for the amount of the contract pending Council action, 1Q-..:I2£f~ Patrick DeBlasio, Treasurer DATE: 1 r)¡; J¡"';; ¡J::t::e - J-",f)i"-,,, 4...M.-.;;J '"þ ß,,- e:f"L~",II,,-,^..J2 ;~ ~/<2b AFFIDAVIT OF PUBLICATION The following is a true copy of an Ordinance or Resolution of the Borough of Carteret that has appeared in the Home News Tribune, a newspaper which is printed in Freehold, New Jersey and published in Neptune, in said County and State and of general circulation in said county. ONE (1) times, once in each issue as follows: Dprpmhpr 7h, 700~ ~o. ~~ Notary Public of New Jersey ~~ /Kathleen Barney, RMC/ Municipal Clerk Sworn and subscribed before me this J.ù/... day of ~ / .J- ¿)JJ'~ . I lOU.tc. CM1BIET NOTICI Of' COH1"IIACT AWAIIOÐ) The Bor~ of Carteret has rwardecl 8 contrllCt wtthout competitive bkI- dine a. 8 professional ..rvlce J;)wrsuant to N.J.SA 4OA:11-5 (1)(8). This contract and the rnotution authorlzina: It are Þ8Habla for public In~lon In the office l~~~U=Ip.' Clerk. S & W CONSTRUCTION - AWARD OF CONTRACT RE.: 2005-2007 ANNUAL SEWER ' EMERGENCY S[RVlCE. Alia' .......... D8-2Ø ~'n.J;'l.t~88t f~~ the flnt" y.ar & $268.280.75 for the HC- ~~ Ii. -WHEY Certified Munlclp.1 ..- (l14.M) . 1.... t, lí"~ ,; , :~·lOT ,",',) ,ji'!