Title
Dept/ Agency: Water and Sewer Utilities
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Professional Services Contract
Purpose: To provide professional engineering services for Combined Sewer Overflow General Permit Support and Tier ‘A’ Municipal Stormwater General Support.
Entity Name: HDR Engineering, Inc.
Entity Address: One Riverfront Plaza, 14th Floor, Newark, New Jersey 07102
Contract Amount: Not to exceed $250,065.00
Funding Source: 2023 Budget/Department of Water and Sewer Utilities/Business Unit: NW038, Dept.: 800, Div./Proj. 8003, Activity A, Account #71240, Budget Ref.: B2023
Contract Period: One (1) year from the date of the issuance of a Notice to Proceed
Contract Basis: ( ) Bid ( ) State Vendor (X) Prof. Ser. ( ) EUS
( ) Fair & Open (X) No Reportable Contributions ( ) RFP ( ) RFQ
( ) Private Sale ( ) Grant ( ) Sub-recipient ( ) N/A
Additional Information:
body
WHEREAS, the City Newark’s Department of Water and Sewer Utilities (City), requires professional engineering services for Combined Sewer Overflow General Permit Support and Tier ‘A’ Municipal Stormwater General Permit Support, and
WHEREAS, a proposal was received by the City from HDR Engineering outlining a scope of work and budget estimate to provide support to the Department of Water and Sewer Utilities for compliance with New Jersey Department of Environmental Protection’s Combined Sewer Overflow Permit and Tier A Municipal Stormwater General Permit for a contract period of one (1) year, and
WHEREAS, the Department of Water and Sewer Utilities wishes to execute Professional Engineering Services Contract with HDR Engineering, Inc., One Riverfront Plaza, 14th Floor, Newark, New Jersey 07102, to provide professional engineering services for Combined Sewer Overflow General Permit Support and Tier ‘A’ Municipal Stormwater General Permit Support, for a contract amount not to exceed $250,065.00, for a period of one (1) year from the date of the issuance of a Notice to Proceed; and
WHEREAS, the provision of the Local Public Contracts Law, N.J.S.A. 40A:11-5(1)(a)(i) authorizes the award of professional services agreements without public advertising for bids and bidding and requires that the contract be made available for public inspection; and
WHEREAS, this contract is for an amount over $17,500.00 and is being awarded as a Non-Fair and Open Contract, pursuant to N.J.S.A. 19:44A-20.5; and
WHEREAS, HDR Engineering, Inc., has completed and submitted a Business Entity Disclosure Certificate, which certifies that HDR Engineering, Inc., 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 HDR Engineering, Inc., from making any reportable contributions through the term of the contract; and
WHEREAS, the award is in compliance with Ordinance 2:4-22C.1, which adopted the State of New Jersey’s Pay-to-Play statutory requirements, pursuant to N.J.S.A. 19:44A-20.5, as may be amended and supplemented, governing eligibility for municipal contracts.
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
1. The Mayor and/or his designee, the Director of the Department of Water and Sewer Utilities, are authorized to accept the proposal from HDR Engineering, Inc., and execute an agreement with HDR Engineering, Inc., One Riverfront Plaza, 14th Floor, Newark, New Jersey 07102, to provide Professional Engineering Services for Combined Sewer Overflow General Permit Support and Tier ‘A’ Municipal Stormwater General Permit Support, for a total contract amount not to exceed $250,065.00, for a contract period of one (1) year from the date of the issuance of a Notice to Proceed.
2. Pursuant to N.J.A.C. 5:30-5.5(a), Temporary Budget, attached hereto is a partial Certification of Funds issued by the Director of the Department of Finance, which state that there are available sufficient legally appropriated funds in the amount of $20,000.00 for the purposes set forth herein, under NW038-800-A-71240-B2023. 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 2023 Budget and funds will be certified prior to services being provided by the contractor.
3. 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(s)licensed to practice a recognized profession (Engineering) by the State of New Jersey, whose performance require 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.
4. The Director of the Department of Water and Sewer Utilities shall file a duly executed copy of the contract, Determination of Value and Business Entity Disclosure Certification in the Office of the City Clerk.
5. HDR Engineering, Inc., 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 HDR Engineering, Inc., 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 HDR Engineering, Inc., from making any reportable contributions through the term of the contract
6. There shall be no amendment or change to the contract without approval by the Municipal Council.
7. There shall be no advance payments made against this contract in accordance with N.J.A.C. 40A:5-16.
8. 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 HDR Engineering, Inc., One Riverfront Plaza, 14th Floor, Newark, New Jersey 07102, to provide Professional Engineering Services for Combined Sewer Overflow General Permit Support and Tier ‘A’ Municipal Stormwater General Permit Support, for a total contract amount not to exceed of $250,065.00, for a contract period of one (1) year from the date of the issuance of a Notice to Proceed.