Title
Dept/ Agency: Water and Sewer Utilities
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Professional Services Contract
Purpose: Professional Engineering Services to plan, design and construct a Residual Treatment Facility and other upgrades and residuals at the Pequannock Water Treatment Plant
Entity Name: Hatch Mott MacDonald, LLC
Entity Address: 111 Wood Avenue South, Iselin, New Jersey 08830
Contract Amount: For an amount not to exceed $948,000.00
Funding Source: City of Newark Water and Sewer Utilities Capital Budget
Contract Period: From the date of the written Notice to Proceed issued by the Director of the Department of Water and Sewer Utilities, until the actual completion of the construction of this public works project, pursuant to N.J.S.A. 40A:11-15(9)
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 Sludge Lagoon at the Pequannock Water Treatment Plant ("PWTP") is a 48 million gallon lagoon that receives flows from the Pequannock Water Treatment Plant; and
WHEREAS, the Sludge Lagoon has reached its capacity and is not able to receive sludge from the PWTP; and
WHEREAS, on May 22, 2013 the New Jersey Department of Environmental Protection ("NJDEP") issued a Notice of Violation to the City of Newark, Department of Water and Sewer Utilities ("City") to remediate the Sludge Lagoon; and
WHEREAS, the City wishes to undertake the planning, design and construction for upgrades, residuals handling and improvements to the PWTP in order to comply with the Notice of Violation and a June 17, 2013 Administrative Order from the New Jersey Department of Environmental Protection (NJDEP); and
WHEREAS, the City proposes the following sustainable, efficient strategy to ensure the continued reliable operation of the PWTP: (1) remediate the sludge lagoon; and (2) construct an on-site sludge management facility, including a Residuals Treatment Facility (RTF), at the PWTP which will be owned and operated by the City ("Residuals Treatment Facility Project") and
WHEREAS, the City received bids on Contract 06-WS2014 (re-bid) for the remediation of the Sludge Lagoon, step (1) as identified above, and the Municipal Council awarded the contract to remediate the Sludge Lagoon to Accurate Waste Removal Service, Inc; and
WHEREAS, the NJDEP requires the immediate construction of the on-site sludge management facility, including a Residual Treatment Facility, for the City to be in compliance with the Administrative Consent Order and to avert a public safety emergency at the PWTP; and
WHEREAS, on March 6, 2015 the City of Newark submitted an application to the New Jersey Environmental Infrastructure Trust (NJEIT) and qualified to receive funding assistance under the New Jersey Infrastructure Financing Program (NJEIFP) for the Residual Treatment Facility Project; and
WHEREAS, the City desires professional engineering services for the planning, design and construction oversight of the Residual Treatment Facility Project and the planning and design documents have to be submitted timely in order to be funded under the NJEIF Program; and
WHEREAS, the City received a proposal from Hatch Mott MacDonald, LLC, 111 Wood Avenue South, Iselin, New Jersey 08830, for a total amount not to exceed Nine Hundred Forty-Eight Thousand Dollars and Zero Cents ($948,000.00), for professional engineering services for the planning, design and construction oversight of the Residual Treatment Facility Project, which the City found to be in its best interest; and
WHEREAS, professional engineering services are exempt from the public bidding requirements of the Local Public Contracts Law, pursuant to N.J.S.A. 40A:11-5(1)(a)(i), because these services are to be rendered by a person (or persons) authorized by law to practice a recognized profession, whose practices are regulated by law, and the performance of which services requires 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; and
WHEREAS, the City/Director of Water and Sewer Utilities wishes to execute and enter into a non-fair and open agreement with Hatch Mott MacDonald, LLC, 111 Wood Avenue South, Iselin, New Jersey 08830, to provide the above-referenced professional engineering services for the planning, design and construction oversight for Pequannock Water Treatment Plant upgrades, residuals handling, and improvements for an amount not to exceed Nine Hundred Forty-Eight Thousand Dollars and Zero Cents ($948,000.00), for the period commencing from the date of the written Notice to Proceed issued by the Director of the Department of Water and Sewer Utilities and continuing until the completion of actual construction of this public works project, pursuant to N.J.S.A. 40A:11-15(9).; and
WHEREAS, the Local Public Contracts Law N.J.S.A.40A:11-5(1)(a) requires that notice of the 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 non-fair and open contract pursuant to State Pay-to-Play Law N.J.S.A. 40A:19:44A-20.5; 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 aforementioned candidates; and political or political party committees of the City of Newark or County of Essex; and continuing 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 candidate committees, in excess of certain thresholds; and
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, is hereby authorized to execute an agreement with Hatch Mott MacDonald, LLC, 111 Wood Avenue South, Iselin, New Jersey 08830, to provide professional engineering services for the planning, design and construction oversight for Pequannock Water Treatment Plant upgrades, residuals handling, and improvements to the City of Newark, Department of Water and Sewer Utilities, in an amount not to exceed Nine Hundred Forty-Eight Thousand Dollars and Zero Cents ($948,000.00).
2. The term of the Contract shall be from the date of the written Notice to Proceed, issued by the Director of the Department of Water and Sewer Utilities and continue until the completion of actual construction of this public works project, pursuant to N.J.S.A. 40A:11-15(9).
3. Attached hereto is a Certification of Funds 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 Nine Hundred Forty-Eight Thousand Dollars and Zero Cents ($948,000.00) for the purposes set forth herein, under, Business Unit NW041, Department ID 11W, Division/Proj. 11W00, Account #94710, Budget Ref. B2011.
4. The Director of the Department of Water and Sewer Utilities shall file a copy of the Certification of Funds along with the original resolution, the Notice to Proceed, and the executed contract in the Office of the City Clerk.
5. This contract is being awarded pursuant to the non-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 Contract Law N.J.S.A. 40A:11-5 (1) (a) (i), because these services are to be rendered by a person (or persons) licensed to practice a 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.
6. The copy of the Business Entity Disclosure Certification which certifies that Hatch Mott MacDonald, LLC has not made any reportable contributions to a political candidate or candidate committee in the City of Newark in the previous one year, and the contract for professional engineering services with the City shall prohibit Hatch Mott MacDonald, LLC from making any contributions during the term of the contract.
7. There shall be no amendments of this contract without prior approval of the Municipal Council.
8. There shall be no advance payments 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 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 execute and enter into an agreement with Hatch Mott MacDonald, LLC, 111 Wood Avenue South, Iselin, New Jersey 08830, to provide professional engineering services for the planning, design and construction oversight for Pequannock Water Treatment Plant upgrades, residuals handling, and improvements, for an amount not to exceed Nine Hundred Forty-Eight Thousand Dollars and Zero Cents ($948,000.00), for the period commencing from the date of the written Notice to Proceed issued by the Director of the Department of Water and Sewer Utilities and continuing until the completion of this public works project.