Title
Dept/ Agency: Water and Sewer Utilities
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Professional Services Contract
Purpose: Preparation of Hydraulic Model for the Water Distribution System of the City of Newark
Entity Name: Mott MacDonald, LLC
Entity Address: 111 Wood Avenue South, Iselin, New Jersey 08830
Contract Amount: $217,500.00
Funding Source: 2020 Budget/Department of Water and Sewer Utilities/NW037-750-7502-71280 B2020
Contract Period: Commencing upon the issuance of Notice to Proceed until the completion of Project pursuant to N.J.S.A. 40A:11-15(9)
Contract Basis: ( ) Bid ( ) State Vendor (X) Prof. Ser. ( ) EUS
(X) Fair & Open ( ) No Reportable Contributions ( ) RFP (X) RFQ
( ) Private Sale ( ) Grant ( ) Sub-recipient ( ) n/a
Additional Information:
Number of RFQ Packages Distributed: Fourteen (14)
Number of Packages Received: Nine (9)
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WHEREAS, the City of Newark, Department of Water and Sewer Utilities (the “City”) requires professional engineering services for Preparation of Hydraulic Model for the Water Distribution System of the City of Newark and a Request for Qualifications (RFQ) was issued on June 1, 2020; and
WHEREAS, the City received nine ( 9) qualification statements on July 15, 2020 pursuant to the RFQ, and a Qualification Statement received from Mott MacDonald, LLC, 111 Wood Avenue South, Iselin, New Jersey 08830, for this work for the amount not to exceed Two Hundred Seventeen Thousand Five Hundred Dollars and Zero Cents ($217,500.00), was found to be in the best interest of the City of Newark to accept; and
WHEREAS, the City wishes to enter into an agreement with Mott MacDonald, LLC, 111 Wood Avenue South, Iselin, New Jersey 08830, to provide engineering services for Preparation of Hydraulic Model for the Water Distribution System of the City of Newark, in an amount not to exceed Two Hundred Seventeen Thousand Five Hundred Dollars and Zero Cents ($217,500.00); and
WHEREAS, the Local Public Contracts Law, N.J.S.A. 40A:11-5(1)(a) requires that notice of award of contracts for “Professional Services” without competitive bidding be published in a local newspaper; 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, Mott MacDonald, LLC, has completed and submitted a Business Entity Disclosure Certificate, which certifies that Mott MacDonald, LLC, has not made any reportable contributions to a political or candidates committee in the City of Newark in the previous one (1) year, and that the contract will prohibit Mott MacDonald, 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, 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 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 candidates 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 Director of the Department of Water and Sewer Utilities, to accept the Qualification Statement from Mott MacDonald, LLC, and to enter into and execute an agreement with Mott MacDonald, LLC, 111 Wood Avenue South, Iselin, New Jersey 08830, to provide professional engineering services to the City’s Department of Water and Sewer Utilities, for Preparation of Hydraulic Model for the Water Distribution System of the City of Newark, in an amount not to exceed Two Hundred Seventeen Thousand Five Hundred Dollars and Zero Cents ($217,500.00), commencing upon the issuance of a Notice to Proceed until Project completion pursuant to N.J.S.A. 40A:11-15(9).
2. Pursuant to N.J.A.C. 5:30-5.5, attached hereto is a partial Certification of Funds issued by the Director of the Department of Finance, which states that funds in the amount of Ten Thousand Dollars and Zero Cents ($10,000.00) are available under Business Unit NW037,Department ID 750, Division 7502, Account 71280, Budget Year 2020. The certification shall be filed along with the original resolution in the Office of the City Clerk. The remainder of the funding for this contract will be subject to appropriation in the 2021 Budget and funds will be certified prior to services by the contractor.
3. 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 Contract 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.
4. This contract is awarded without competitive bidding as a “Professional Service” in accordance with N.J.S.A. 40A:11-5(1)(a)(i) of the Local Public Contract Law, because the performance of the service required must be performed by a person (or persons) licensed to practice a recognized profession (Engineering) by the State of New Jersey, whose performance required knowledge of an advanced type in a field of learning acquired by a prolonged formal course of specialized instruction and study, as distinguished from general academic instruction.
5. A copy of the fully executed contract shall be filed in the Office of the City Clerk by the Director of the Department of Water and Sewer Utilities and shall be made available for public inspection.
6. Mott MacDonald, LLC, has completed and submitted a Business Entity Disclosure Certificate, which shall be placed on file in the Office of the City Clerk by the Director of the Department of Water and Sewer Utilities, certifying that Mott MacDonald, LLC, has not made any reportable contributions to a political or candidate committee in the City of Newark in the previous one (1) year, and that the contract will prohibit Mott MacDonald, LLC, from making any reportable contributions through the term of the contract.
7. There shall be no amendment of this contract without prior approval of the Municipal Council.
8. There shall be no advance payment on this contract in accordance with N.J.S.A. 40A:5-16.
9. 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 its passage.
STATEMENT
This resolution authorizes the Mayor and/or his designee, the Director of the Department of Water and Sewer Utilities, to accept the Qualification Statement from Mott MacDonald, LLC, 111 Wood Avenue South, Iselin, New Jersey 08830, and enter into and execute an agreement to provide professional engineering services to the City’s Department of Water and Sewer Utilities, for Preparation of Hydraulic Model for the Water Distribution System of the City of Newark, in an amount not to exceed $217,500.00, from the issuance of the Notice to Proceed, until completion of Project pursuant to N.J.S.A. 40A:11-15(9).