Title
Dept/ Agency: Water and Sewer Utilities
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Professional Services Contract
Purpose: Permit Compliance Assistance (NJPDES #NJ0108758 - Combined Sewer System)
Entity Name: HDR Engineering, Inc.
Entity Address: One Riverfront Plaza 14th Floor, Newark, New Jersey, 07102
Contract Amount: $112,000.00
Funding Source: Department of Water and Sewer Utilities Budget
Contract Period: One (1) year from authorization by the Newark Municipal Council
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:
Proposal Solicited: Six (6)
Proposal Received: One (1)
body
WHEREAS, the City of Newark requires professional engineering services for Permit Compliance Assistance (NJPDES #NJ0108758 - Combined Sewer System) and a Request for Qualifications was issued on October 19, 2015; and
WHEREAS, the Department of Water and Sewer Utilities distributed six (6) RFQ packages to prospective vendors following the date of advertisement; and
WHEREAS, on October 30, 2015 Department of Water and Sewers Utilities received one (1) proposal pursuant to the RFQ, from HDR Engineering, Inc., One Riverfront Plaza 14th Floor, Newark, New Jersey, 07102, for a total amount not to exceed $112,000.00, and 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 HDR Engineering, Inc., One Riverfront Plaza 14th Floor, Newark, New Jersey, 07102, to provide for Permit Compliance Assistance (NJPDES #NJ0108758 - Combined Sewer System), in an amount not to exceed $112,000.00; 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, HDR Engineering, Inc., has completed and submitted a Business Entity Disclosure Certificate which certifies that HDR Engineering, Inc., 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 HDR Engineering, Inc., 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, the Municipal Council adopted the Contractor Pay-to-Play Reform Ordinance, R. O. 2:4-22C, which forbids the award of a contract of 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 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 candidate committees, in excess of certain thresholds.
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITYOF 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 HDR Engineering, Inc., One Riverfront Plaza 14th Floor, Newark, New Jersey, 07102, to provide professional engineering services to the City of Newark, Department of Water and Sewers Utilities, for Permit Compliance Assistance (NJPDES #NJ0108758 - Combined Sewer System), in an amount not to exceed $112,000.00, for a period of One (1) year from authorization by the Newark Municipal Council.
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 of the City of Newark, which states that funds in the amount of $37,000.00 are available in the 2015 Budget, Business Unit: 038, Department ID: 800, Division/Project 8003, Account 71240. 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 $75,000.00 in funding for this contract will be subject to appropriation in the 2016 Municipal Budget 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 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 advance 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 and 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. HDR Engineering, Inc., 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 HDR Engineering, Inc., 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 HDR Engineering, Inc., 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 HDR Engineering, Inc., One Riverfront Plaza 14th Floor, Newark, New Jersey, 07102, to provide professional engineering services to the City of Newark, Department of Water and Sewer Utilities, for Permit Compliance Assistance (NJPDES #NJ0108758 - Combined Sewer System), in an amount not to exceed $112,000.00, for a period of one (1) year from authorization by the Newark Municipal Council.