Title
Dept/ Agency: Water and Sewer Utilities
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Professional Services Contract
Purpose: Professional Engineering and New Jersey State Licensed Operator Support Services for Process Operations and Maintenance Improvement Assistance at the City’s Pequannock Water Treatment Plant
Entity Name: Jerry J. Notte & Associates, LLC
Entity Address: 7 Winfield Court, Fairfield, New Jersey 07004
Contract Amount: Not to exceed $559,000.00
Funding Source: 2020 Budget/Department of Water and Sewer Utilities/NW037-750-7502-71240
Contract Period: One (1) year from the 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 RFQ Packages Distributed: Four (4)
Number of Packages Received: One (1)
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WHEREAS, the City of Newark (the “City”) requires Professional Engineering and New Jersey State Licensed Operator support services for process operations and maintenance improvement assistance at the City’s Pequannock Water Treatment Plant; and
WHEREAS, on October 7, 2020, the Department of Water and Sewer Utilities issued a Request for Qualifications (RFQ) for Professional Engineering and New Jersey State Licensed Operator support services for process operations and maintenance improvement assistance at the City’s Pequannock Water Treatment Plant; and
WHEREAS, on October 28, 2020 the Department of Water and Sewer Utilities, received one (1) proposal from Jerry J. Notte & Associates, LLC, 7 Winfield Court, Fairfield, New Jersey 07004, for this work for the amount not to exceed Five Hundred Fifty-Nine Thousand Dollars and Zero Cents ($559,000.00); and
WHEREAS, the proposal submitted by Jerry J. Notte & Associates, LLC, 7 Winfield Court, Fairfield, New Jersey 07004, was found to be in the best interest of the City of Newark; and
WHEREAS, the City wishes to enter into an agreement with Jerry J. Notte & Associates, LLC, 7 Winfield Court, Fairfield New Jersey 07004, to provide Professional Engineering and New Jersey State Licensed Operator Support Services for Process Operations and Maintenance Improvement Assistance at the City’s Pequannock Water Treatment Plant, in an amount not to exceed Five Hundred Fifty-Nine Thousand Dollars and Zero Cents ($559,000.00); and
WHEREAS, 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, Jerry J. Notte & Associates, LLC, has completed and submitted a Business Entity Disclosure Certificate, which certifies that Jerry J. Notte & Associates, 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 Jerry J. Notte & Associates, 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 proposal from Jerry J. Notte & Associates, LLC, and to enter into and execute an agreement with Jerry J. Notte & Associates, LLC, 7 Winfield Court, Fairfield, New Jersey 07004, to provide Professional Engineering and New Jersey State Licensed Operator support services for process operations and maintenance improvement assistance at the City’s Pequannock Water Treatment Plant, in an amount not to exceed Five Hundred Fifty-Nine Thousand Dollars and Zero Cents ($559,000.00), for a period not to exceed one (1) year from the issuance of a written Notice to Proceed.
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 Five Thousand Dollars and Zero Cents ($5,000.00) are available under Business Unit NW037, Department ID 750, Division 7502, Account 71240, 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 being provided 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 Contracts 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 Contracts 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. The Director of the Department of Water and Sewer Utilities shall file a copy of the fully executed contract in the Office of the City Clerk and the same shall be made available for public inspection.
6. Jerry J. Notte & Associates, 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 Jerry J. Notte & Associates, 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 Jerry J. Notte & Associates, 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 Jerry J. Notte & Associates, LLC, and to execute an agreement with Jerry J. Notte & Associates, LLC, 7 Winfield Court, Fairfield New Jersey 07004, to provide Professional Engineering and New Jersey State Licensed Operator support services for process operations and maintenance improvement assistance at the City’s Pequannock Water Treatment Plant, in an amount not to exceed $559,000.00, for a period not to exceed one (1) year from the issuance of a written Notice to Proceed.