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 Construction Administration and Management Services for the Pequannock Water Treatment Plant HVAC Upgrade.
Entity Name: Salem Engineering LLC.
Entity Address: 22 Shawn Court, North Brunswick, New Jersey 08902
Contract Amount: Not to exceed $349,815.00
Funding Source: 2025 Budget/Department of Water and Sewer Utilities/NW037-750-7502-71280-B2025 and NW038-800-8003-71280-B2025
Contract Period: Commencing upon the date of the issuance of a written Notice to Proceed and terminates upon project completion, pursuant to N.J.S.A. 40A:11-5(9), which is estimated to be 540 calendar days.
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:
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WHEREAS, the City Newark’s Department of Water and Sewer Utilities (the Department), requires professional engineering services for Design and Management of the Pequannock Water Treatment Plant HVAC Upgrade; and
WHEREAS, the Pequannock Water Treatment Plant HVAC Upgrade was initially assigned to M&E Engineering, Inc. for Design and Management; and
WHEREAS, the lead engineer from M&E Engineering, Inc., who was an integral to the project’s oversight, has since retired, resulting in the decision by M&E Engineering to step down from the project; and
WHEREAS, Salem Engineering LLC. has agreed to assume responsibility for the Design and Management of the Pequannock Water treatment Plant HVAC Upgrade, in which efforts will be made to ensure a seamless transition to minimize a potential disruption to the project’s timeline or quality; and
WHEREAS, a proposal was received by the Department from Salem Engineering, LLC, outlining construction administration and management services for the Pequannock Water treatment Plant HVAC Upgrade; and
WHEREAS, the Department wishes to execute Professional Engineering Services Contract with Salem Engineering, LLC., 22 Shawn Court, North Brunswick, New Jersey 08902, to provide construction administration and management services for the Pequannock Water treatment Plant HVAC Upgrade, for a contract amount not to exceed $622,560.31 for a period from the issuance of Notice to Proceed through the completion of construction pursuant to N.J.S.A. 40(A) 11-15(9); and
WHEREAS, the provision of 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 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; 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, Salem Engineering LLC., has completed and submitted a Business Entity Disclosure Certificate, which certifies that Salem Engineering 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 Salem Engineering LLC., from making any reportable contributions through the term of the contract; and
WHEREAS, this award is in compliance with State of New Jersey’s Pay-to-Play statutory requirements, pursuant to N.J.S.A. 19:44A-20.5, 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 Salem Engineering LLC., and execute an agreement with Salem Engineering LLC., 22 Shawn Court, North Brunswick, New Jersey 08902, to provide Professional Engineering Services for construction administration and management services for the Pequannock Water treatment Plant HVAC Upgrade, for a total contract amount not to exceed $349,815.00, for a period from the issuance of Notice to Proceed through the completion of construction pursuant to N.J.S.A. 40(A) 11-15(9) which is estimated to be 540 calendar days.
2. Pursuant to N.J.A.C. 5:30-5.5, attached hereto is a partial certification of funds issued by the Director of Finance, which states that there are available sufficient legally appropriated funds in the amount of $5,000.00 for the purposes set forth herein, under NW037-750-7502-71280-B2025 and NW038-800-8003-71280-B2025 the certification shall be filed along with the original resolution in the Office of the City Clerk. 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 2025 and 2026 Budget and funds will be certified prior to services being provided by the contractor.
3. 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.
4. Salem Engineering 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 Salem Engineering 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 Salem Engineering LLC., from making any reportable contributions through the term of the contract
5. There shall be no amendment or change to the contract without approval by the Municipal Council.
6. There shall be no advance payments made against this contract in accordance with N.J.A.C. 40A:5-16.
7. 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 Salem Engineering LLC., 22 Shawn Court, North Brunswick, New Jersey 08902, to provide Professional Engineering Services for construction administration and management services for the Pequannock Water treatment Plant HVAC Upgrade for a total contract amount not to exceed of $349,815.00, the term of the contract shall commence upon the issuance of a written Notice to Proceed and terminates upon project completion pursuant to N.J.S.A. 40A:11-5(9), which is estimated to be 540 calendar days.