Title
Dept/ Agency: Water and Sewer Utilities
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Professional Services Contract
Purpose: Replacement of Water Distribution Mains
Entity Name: Hatch Mott MacDonald, LLC
Entity Address: 111 Wood Avenue South, Iselin, New Jersey 08830-4112
Contract Amount: Not to Exceed $315,000.00
Funding Source: Department of Water and Sewer Utilities Budget
Contract Period: To commence from written authorization by Municipal Council up to completion of construction.
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:
Proposal solicited: Nine (9)
Proposal received: Seven (7)
body
WHEREAS, the City of Newark is in need of professional engineering services for Replacement of Water Distribution Mains; and
WHEREAS, in order to obtain those services, a notice of a Request for Qualifications (RFQ), was issued on September 20, 2015; and
WHEREAS, the Department of Water and Sewer Utilities distributed Nine (9) RFQ packages to prospective vendors following the date of advertisement; and
WHEREAS, the Department of Water and Sewer Utilities received seven (7) proposals on October 2, 2015, pursuant to the RFQ. The Department of Water and Sewer Utilities evaluated and ranked the proposals received, and a proposal received from Hatch Mott MacDonald, LLC, 111 Wood Avenue South, Iselin, New Jersey 08830-4112, was found to be in the best interest of the City of Newark to accept; and
WHEREAS, the City of Newark wishes to enter into an agreement with Hatch Mott MacDonald, LLC, to provide engineering services for Replacement of Water Distribution Mains, in an amount not to exceed $315,000.00; 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, Hatch Mott MacDonald, LLC has completed and submitted a Business Entity Disclosure Certificate which certifies that Hatch Mott MacDonald, LLC, has not made any reportable contributions to a political or candidates committee in the City of Newark in the previous one year, and that the contract will prohibit Hatch 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 of 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 Director of the Department of Water and Sewer Utilities, to accept the proposal from Hatch Mott MacDonald, LLC and to execute an agreement with Hatch Mott MacDonald, LLC, 111 Wood Avenue South, Iselin, New Jersey 08830-4112, to provide professional engineering services to the City of Newark, Department of Water and Sewer Utilities, for Replacement of Water Distribution Mains, in an amount not to exceed $315,000.00, beginning on such date that the Municipal Council provides written authorization of the contract and ending at the time that the construction is completed.
2. Attached hereto is a Certification of Funds issued by the Director of Finance of the City of Newark which states that funds in an amount of $315,000.00 are available in the 2015 Budget, Business Unit NW037, Department ID 750, Division/Project 7502, and Account # 71240. The Director of the Department of Water and Sewer Utilities shall file a copy of the Certification of Funds along with the original resolution and the executed contract in the Office of the City Clerk.
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).
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 engineering profession 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. A copy of the Business Entity Disclosure Certification shall be placed on file in the Office of the City Clerk.
7. Hatch Mott MacDonald, LLC, has completed and submitted a Business Entity Disclosure Certificate, which shall be placed on file in the City Clerk’s Office by the Director of the Department of Water and Sewer Utilities, certifying that Hatch Mott MacDonald, LLC, has not made any reportable contributions to a political or candidate committee in the City of Newark in the previous one year, and that the contract will prohibit Hatch Mott MacDonald, LLC, from making any reportable contributions through the term of the contract.
8. There shall be no amendment of this contract without prior approval of the Municipal Council.
9. There shall be no advance payment on this contract in accordance with N.J.S.A. 40A:5-16.
10. 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 proposal from Hatch Mott MacDonald, LLC, and to execute an agreement with Hatch Mott MacDonald, LLC, to provide professional engineering services to the City of Newark, Department of Water and Sewer Utilities, for Replacement of Water Distribution Mains, for an amount not to exceed $315,000.00, beginning from the date that the contract is authorized in writing by the Newark Municipal Council until completion of construction.