Title
Dept/ Agency: Water and Sewer Utilities
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Professional Services Contract
Purpose: Design and Supervision, Construction and Installation of Stand-by Generators at its Wayne and Clifton Water Pump Stations
Entity Name: Hatch Mott MacDonald, LLC
Entity Address: 111 Wood Avenue South, Iselin, New Jersey 08830-4112
Contract Amount: Amount not to exceed $227,500.00
Funding Source: Department of Water and Sewer Utilities Budget
Contract Period: Two (2) Years from date of issuance of a written Notice to Proceed
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:
Proposals Solicited: Nine (9)
Proposal Received: One (1)
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WHEREAS, the City of Newark, Department of Water and Sewer Utilities ("Department") requires professional engineering services for the Design and Supervision, Construction and Installation of Stand-by Generators at its Wayne and Clifton Water Pump Stations; and
WHEREAS, the Department issued a Request for Qualifications (RFQ) on December 2, 2014; and
WHEREAS, the Department of Water and Sewer Utilities distributed Nine (9) RFQ packages to prospective vendors following the date of advertisement; and
WHEREAS, on December 19, 2014 pursuant to the RFQ, the Department received one (1) proposal, from Hatch Mott MacDonald, LLC, 111 Wood Avenue South, Iselin, New Jersey 08830-4112, for a total amount not to exceed Two Hundred Twenty-Seven Thousand Five Hundred Dollars and Zero Cents ($227,500.00), which was found to be in the best interest of the City of Newark to accept; and
WHEREAS, the City of Newark wishes to accept the proposal and enter into an agreement with Hatch Mott MacDonald, LLC, 111 Wood Avenue South, Iselin, NJ 08830-4112, to provide Design and Supervision, Construction and Installation of Stand-by Generators at its Wayne and Clifton Water Pump Stations, for a total amount not to exceed Two Hundred Twenty-Seven Thousand Five Hundred Dollars and Zero Cents ($227,500.00),; 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, 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 City of Newark adopted the "Contractor Pay-to-Play Reform" ordinance, codified at Section 2:4-22C of the Revised General Ordinances of Newark (hereinafter "Pay-to-Play Reform Ordinance"), which requires reporting of political contributions to candidates for City of Newark elective municipal offices or City of Newark or County of Essex political committees and prohibits certain political contributions during the duration of the contract.
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 and enter into 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 & Sewer Utilities, for the Design and Supervision, Construction and Installation of Stand-by Generators at its Wayne and Clifton Water Pump Stations, for a total amount not to exceed Two Hundred Twenty-Seven Thousand Five Hundred Dollars and Zero Cents ($227,500.00).
2. Pursuant to N.J.A.C. 5:30-5.5, attached hereto is a partial Certification of Funds issued by the Acting Director of Finance of the City of Newark which states that funds in an amount of $50,000.00 are available in the 2015 Preliminary Budget, Business Unit NW037, Department ID: 750, Division/Proj. 7502, Account# 71280. 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. The remainder of $177,500.00 in funding for this contract will be subject to appropriation in the 2015 and 2016 Municipal Budgets and funds will be certified prior to services being provided by the contractor, and the contract shall be subject to the availability and appropriation of sufficient funds in accordance with N.J.A.C. 5:30-5.5(c) and N.J.A.C. 5:30-5.5(d).
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 Pay-to-Play Reform Ordinance.
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 Contracts 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 requires 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 and the Notice to Proceed 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 Office of the City Clerk 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 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 and enter into an agreement with Hatch Mott MacDonald, LLC, 111 Wood Avenue South, Iselin, New Jersey 08830-4112, to provide for the Design and Supervision, Construction and Installation of Stand-by Generators at its Wayne and Clifton Water Pump Stations, for a total amount not to exceed Two Hundred Twenty-Seven Thousand Five Hundred Dollars and Zero Cents ($227,500.00).