Title
Dept/ Agency: Economic and Housing Development
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Professional Services Contract
Purpose: Licensed Site Remediation Professional Services
Entity Name: Hillmann Consulting, LLC.
Entity Address: 1600 Route 22 East, Union, New Jersey 07083
Contract Amount: Amount not to exceed $103,623.06
Funding Source: US Environmental Protection Agency Brownfield Cleanup Grant
Contract Period: One (1) year from the date of the issuance of Notice to Proceed
Contract Basis: ( ) Bid ( ) State Vendor (X) Prof. Ser. ( ) EUS
( ) Fair & Open ( ) No Reportable Contributions ( ) RFP ( ) RFQ
( ) Private Sale ( ) Grant ( ) Sub-recipient ( ) n/a
Additional Information:
$103,623.06 is the balance left from the $131,653.06 Contract, authorized by 7R3-b(s) adopted on March 24, 2015.
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WHEREAS, the City of Newark, Department of Economic and Housing Development, caused to be published on City of Newark’s website a Request for Proposals on July 28, 2014 for Environmental Engineering Services for the Site located at 61-77 Empire Street, Newark, New Jersey (the “Empire Street Site”); Site"); and
WHEREAS, the City of Newark received a total of eight (8) proposals in response to its request; and
WHEREAS, Hillmann Consulting, LLC, 1600 Route 22 East, Union, New Jersey 07083, submitted a proposal and it was found, based upon price and other factors, to be in the best interest of the City of Newark to accept the proposal for the purpose of providing Environmental Engineering Services for the Empire Street Site; and
WHEREAS, the City of Newark Municipal Council adopted Resolution 7R3-b(s) on March 24, 2015, authorizing the execution of a contract with Hillman Consulting, LLC. to provide LSRP Services for the Empire Street Site in an amount not to exceed One Hundred Thirty-One Thousand Six Hundred and Fifty-Three Dollars and Six Cents ($131,653.06), for the period of one year from the date of issuance of a Notice to Proceed by the Deputy Mayor/Director of the Department of Economic and Housing Development; and
WHEREAS, Hillmann Consulting, LLC. has been providing LSRP Services for the Properties to facilitate the remediation of the Properties; and
WHEREAS, with respect to the Empire Street Site, located at 61-77 Empire Street (Block 3537, Lot 24), as a result of demolition which is to be conducted at the site, Hillmann Consulting, LLC. has not been able to complete the scope of work contained in the attached Professional Services Agreement; and
WHEREAS, upon the completion of the demolition work, Hillmann Consulting, LLC, will be able to complete the scope of work contained in the attached Professional Services Agreement; and
WHEREAS, given the need to timely remediate the properties, there is a need to procure the services of licensed site remediation professionals to perform the necessary environmental services for the Department of Economic and Housing Development; and
WHEREAS, Hillmann Consulting, LLC., 1600 Route 22 East, Union, New Jersey 07083, has the specific expertise, understanding of the requested work, knowledge, technical competence, management, experience, personnel qualifications, ability to complete the services, previously, set forth, in a timely manner and price, the company has provided these services in the past, it is in the best interest of the City of Newark to contract the company for the purpose of providing LSRP Services for the Empire Street Site located at 61-77 Empire Street (Block 3537, Lot 24), Newark, New Jersey (the “Properties”); and
WHEREAS, LSRP services are professional services, exempt from the requirement for public bidding, pursuant to the Local Public Contracts Law, N.J.S.A. 40A:11-5(1)(a)(i); and
WHEREAS, the Mayor and the Deputy Mayor/Director of the Department of Economic and Housing Development wish to enter into a contract with Hillmann Consulting, LLC, Inc. to provide LSRP services in an amount not to exceed One Hundred Three Thousand Six Hundred and Twenty-Three Dollars and Six Cents ($103,623.06), for the period of one (1) year from the issuance of a Notice to Proceed; and
WHEREAS, the Deputy Mayor/Director of the Department of Economic and Housing Development has determined and certified in writing that the value of this contract will exceed $17,500.00; and
WHEREAS, this contract is awarded without competitive bidding as an exception to public bidding, pursuant to N.J.S.A. 40A:11-5(1)(a)(i), professional services and the actions contemplated by this Resolution shall result in the award of a non-fair and open contract in accordance with N.J.S.A. 19:44A-20.5; and
WHEREAS, Local Public Contracts Law N.J.S.A. 40A:11-1, et seq., requires a Resolution of the Governing Body authorizing the award of contracts for professional services and further requires that the contract itself must be available for public inspection; and
WHEREAS, Hillmann Consulting, LLC has completed and submitted a Business Entity Disclosure Certification which certifies that Hillmann Consulting, LLC has not made any reportable contributions to a political or candidate committee in the City of Newark in the previous one year, and the contract will prohibit Hillmann Consulting, LLC from making any reportable contributions through the term of the contract; and
WHEREAS, the Municipal Council adopted the Contractor Pay-to-Play Reform Ordinance 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 Mayor of the City of Newark and/or his designee, the Deputy Mayor/Director of the Department of Economic and Housing Development, are authorized to execute and enter into a contract with Hillmann Consulting, LLC1600 Route 22 East, Union , New Jersey 07083, to provide LSRP Services for the Site located at 61-77 Empire Street, Newark, New Jersey (the "Empire Street Site") in an amount not to exceed One Hundred Three Thousand Six Hundred and Twenty-Three Dollars and Six Cents ($103,623.06), for the period of one (1) year from the issuance of a Notice to Proceed; and
2. This contract is awarded without competitive bidding as an exception to public bidding pursuant to the provisions of the Local Public Contracts Law (N.J.S.A. 40A:11-5(1)(a)(i)), professional services, pursuant to the non-fair and open procedures of the State Pay-to-Play Law (N.J.S.A. 19:44A-20.5), and the Business Entity has certified that it has not made or solicited a contribution in violation of the Contractor Pay-to-Play Reform Ordinance 2:4-22C.
3. Attached hereto is a Certification of Funds from the Finance Director of the City of Newark, which states (1) that there are sufficient funds in the amount of $103,623.06 for the purpose set forth herein above and (2) that the line appropriations which shall be charged are as follows:
Bus. Unit Dept. ID Div./Proj. Activity Acct. # Budget Ref.
NW051 G13 D13CO A 72090 B2013
4. There shall be no advance payment on this contract and there shall be no amendment or changes to this contract without approval of the Municipal Council of the City of Newark.
5. The Determination of Value and Business Entity Disclosure Certification are attached and will be filed with the Office of the City Clerk.
6. The Deputy Mayor/Director of the Department of Economic and Housing Development shall file a copy of the executed agreement herein authorized in the Office of the City Clerk and it shall be made available for public inspection.
7. A notice of this action shall be published in the newspaper authorized by law to publish a legal advertisement and as required by law within ten (10) days of the adoption of this Resolution.
STATEMENT
This resolution authorizes the Mayor of the City of Newark and/or his designee, the Deputy Mayor/Director of the Department of Economic and Housing Development, to enter into a contract with Hillmann Consulting, LLC, 1600 Route 22 East, Union, New Jersey 07083, to provide LSRP Services for the Site located at 61-77 Empire Street, Newark, New Jersey (the "Empire Street Site") in an amount not to exceed One Hundred Three Thousand Six Hundred and Twenty-Three Dollars and Six Cents ($103,623.06), for the period of one (1) year from the issuance of a Notice to Proceed.