Title
Dept/ Agency: Water and Sewer Utilities
Action: (X ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Professional Services Contract
Purpose: Chlorine System Risk Management Plan Five Year Revision
Entity Name: Hatch Mott MacDonald
Entity Address: 111 Wood Avenue South, Iselin, New Jersey 08830-4112
Contract Amount: $20,000.00
Funding Source: Department of Water and Sewer Budget
Contract Period: June 9, 2014 through June 8, 2015
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:
Four (4) RFQ packages were distributed.
One (1) proposal was received.
The contract being awarded is also being ratified from June 9, 2014, to the date of adoption of this resolution.
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WHEREAS, the City of Newark requires professional engineering services for Chlorine System Risk Management Plan Five Year Revision, and a Request for Qualifications (RFQ) was publicly advertised on the City of Newark’s website on March 11, 2014 (copy of advertisement attached); and
WHEREAS, the Department of Water and Sewer Utilities distributed Four (4) 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 April 1, 2014 pursuant to the RFQ, and a proposal received from Hatch Mott MacDonald, 111 Wood Avenue South, Iselin, New Jersey 08830-4112, for this work for the amount not to exceed $20,000.00, 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, 111 Wood Avenue South, Iselin, New Jersey 08830-4112, to provide engineering services for Chlorine System Risk Management Plan Five Year Revision, in an amount not to exceed $20,000.00; 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., has completed and submitted a Business Entity Disclosure Certificate which certifies that Hatch Mott MacDonald, 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, 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.
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 Acting Director of the Department of Water and Sewer Utilities, to accept the proposal from Hatch Mott MacDonald, and to execute an agreement (in substantially the form attached hereto and subject to the deletion of paragraph 10e) with Hatch Mott MacDonald, 111 Wood Avenue South, Iselin, New Jersey 08830-4112, to provide professional engineering services to the City of Newark, Department of Water and Sewer Utilities, for Chlorine System Risk Management Plan Five Year Revision (as those services are described in the attached RFQ and proposal from Hatch Mott MacDonald), in an amount not to exceed $ 20,000.00, for a period of one year.
2. This contract shall be for a period not to exceed one year, commencing on June 9, 2014 and ending on June 8, 2015.
3. The contract is hereby ratified from June 9, 2014, to the date of adoption of this resolution.
4. Attached hereto is a certification of fund issued by the Acting Director of Finance of the City of Newark which states that there are available sufficient legally appropriated funds in the amount of $20,000.00 for the purposes set forth herein, under, Business Unit NW037, Department ID 750, Division 7502, Account 71280. A copy of the Certification of Funds shall be filed along with the original resolution and the executed contract in the Office of the City Clerk by the Acting Director of the Department of Water and Sewer Utilities.
5. 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.
6. 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 (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.
7. A copy of the fully executed contract shall be filed in the Office of the City Clerk by the Acting Director of the Department of Water and Sewer Utilities and shall be made available for public inspection.
8. A copy of the Business Entity Disclosure Certification shall be placed on file in the Office of the City Clerk.
9. Hatch Mott MacDonald, has completed and submitted a Business Entity Disclosure Certificate, which shall be placed on file in the Office of the City Clerk by the Acting Director of the Department of Water and Sewer Utilities, certifying that Hatch Mott MacDonald, 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, from making any reportable contributions through the term of the contract.
10. There shall be no amendment of this contract without prior approval of the Municipal Council.
11. There shall be no advance payment on this contract in accordance with N.J.S.A. 40A:5-16.
12. 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 Acting Director of the Department of Water and Sewer Utilities, to accept the proposal from Hatch Mott MacDonald, and to execute an agreement with Hatch Mott MacDonald, 111 Wood Avenue South, Iselin, New Jersey 08830-4112, to provide professional engineering services to the City of Newark, Department of Water and Sewer Utilities, for Chlorine System Risk Management Plan Five year Revision, in an amount not to exceed $20,000.00, for a period from June 9, 2014, through June 8, 2015, and ratifying the period from June 9, 2014 up to the date that the contract is authorized by the Newark Municipal Council.