Title
Dept/ Agency: Water & Sewer Utilities
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Professional Services Contract
Purpose: Hydraulic Study of Newark Distribution System and Develop Specifications and Operational Plans to Clean Belleville Surge Tank
Entity Name: Hatch Mott MacDonald, LLC
Entity Address: 111 Wood Avenue South, Iselin, New Jersey 08830-4112
Contract Amount: Amount not to exceed $74,000.00
Funding Source: Department of Water and Sewer Utilities Budget
Contract Period: Two (2) years from 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:
Number of RFP packages distributed: Five (5)
Number of proposals received: One (1)
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WHEREAS, the City of Newark requires professional engineering services for Hydraulic Study of Newark Distribution System and Develop Specifications and Operational Plans to Clean Belleville Surge Tank, and a Request for Qualifications (RFQ) was issued on December 2, 2014; and
WHEREAS, the Department of Water and Sewer Utilities distributed five (5) RFQ packages to prospective vendors following the date of advertisement; and
WHEREAS, one (1) proposal was received by the Department of Water and Sewer Utilities on December 19, 2014, pursuant to the RFQ, and a proposal received from Hatch Mott MacDonald, LLC, 111 Wood Avenue South, Iselin, New Jersey 08830-4112, for a total amount not to exceed $74,000.00, 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, 111 Wood Avenue South, Iselin, New Jersey 08830-4112, to provide Hydraulic Study of Newark Distribution System and Develop Specifications and Operational Plans to Clean Belleville Surge Tank, in an amount not to exceed $74,000.00; 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 Mayor of the City of Newark signed into law Executive Order Number MEO-07-0001 (hereinafter “Pay-to-Play Executive Order”) which requires the reporting of political contributions to Newark Municipal Candidates and prohibits certain political contributions during the duration of the contract; and
WHEREAS, 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 Contracts Law (N.J.S.A. 40A:11-5(1)(a)(i)), and is in compliance with the City’s Pay-to-Play Reform Ordinance.
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 & Sewer Utilities, for Hydraulic Study of Newark Distribution System and Develop Specifications and Operational Plans to Clean Belleville Surge Tank, in an amount not to exceed $74,000.00, for a period of two (2) years from issuance of a written Notice to Proceed by the Department of Water and Sewer Utilities.
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 $20,000.00 are available in the 2015 Preliminary Budget, Business Unit NW037, Department ID: 750, Division/Project 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 $54,000.00 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 Contracts Law N.J.S.A. 40A:11-5 (1) (a) (i), and is in compliance with Executive Order MEO-07-0001, effective March 31, 2007 and the City’s 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 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 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 & 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 & 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, 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 Hydraulic Study of Newark Distribution System and Develop Specifications and Operational Plans to Clean Belleville Surge Tank, in an amount not to exceed $74,000.00, for a period of two (2) years from issuance of a written Notice to Proceed by the Department of Water and Sewer Utilities.