Title
Dept/ Agency: Water and Sewer Utilities
Action: ( ) Ratifying ( X ) Authorizing ( ) Amending
Type of Service: Professional Services Contract
Purpose: To provide professional engineering design services and construction oversight for the Rehabilitation of Water Distribution System Mains
Entity Name: Hatch Mott MacDonald, LLC
Entity Address: 111 Wood Avenue South, Iselin, New Jersey 08830
Funding Amount: $464,400.00
Funding Source: City of Newark Budget / Water and Sewer Utilities
Contract Period: From contract award until completion of construction, pursuant to N.J.S.A. 40A:11-15 (9)
Contract Basis: ( ) Bid ( ) State Vendor ( X ) Prof. Ser. ( ) EUS
( ) Fair & Open ( ) No Reportable Contributions ( ) RFP ( X ) RFQ
( ) Private Sale ( ) Grant ( ) Sub-recipient ( ) n/a
Additional Information: N/A
body
WHEREAS, the City of Newark, Department of Water and Sewer Utilities wishes to undertake and commence the planning and design necessary for the Rehabilitation of its Water Distribution System Mains, and;
WHEREAS, the Department of Water and Sewer Utilities has applied for funding assistance for this project in the form of a loan from the New Jersey Environmental Infrastructure Financing Program pursuant to N.J.A.C. 7:22-3, and;
WHEREAS, a requirement to qualify for the loan is that the City must provide a copy of an executed agreement for engineering services for the planning, design and construction oversight of the Rehabilitation of its Water Distribution System Mains, and;
WHEREAS, the City of Newark Department of Water and Sewer Utilities issued a Request for Qualifications to provide engineering design services and construction oversight for the Rehabilitation of its Water Distribution System Mains, and received two proposals, and;
WHEREAS, the Department of Water and Sewer Utilities found the proposal from Hatch Mott MacDonald, 111 Wood Avenue South, Iselin, New Jersey 08830, in the amount of Four Hundred Sixty-Four Thousand, Four Hundred Dollars and Zero Cents ($464,400.00), for engineering services for the planning, design and construction oversight of the project to be responsive and in the best interests of the City of Newark, and;
WHEREAS, the Department of Water and Sewer Utilities must provide its engineering design for the Rehabilitation of its Water Distribution System Mains to the New Jersey Environmental Infrastructure Financing Program on or before December 15, 2014 or it will fail to qualify for the loan, and;
WHEREAS, if the Department of Water and Sewer Utilities is successful in securing the loan from the New Jersey Environmental Infrastructure Financing Program, then it will be able to issue a Request for Proposals for the actual Rehabilitation of its Water Distribution System Mains; and
WHEREAS, the City of Newark, Department of Water and Sewer Utilities wishes to enter into an agreement with Hatch Mott MacDonald, 111 Wood Avenue South, Iselin, New Jersey 08830, to provide engineering design services, planning and construction oversight for the Rehabilitation of its Water Distribution System Mains for a total amount not to exceed Four Hundred Sixty-Four Thousand, Four Hundred and Zero Cents ($464,400.00) ("Contract"), and;
WHEREAS the Department of Water and Sewer Utilities has certified Four Hundred Sixty-Four Thousand, Four Hundred Dollars and Zero Cents ($ 464,400.00) for the engineering design services, planning and construction oversight; and
WHEREAS, this Contract commences upon contract award and terminates upon completion of the construction consistent with 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 through the "fair and open process" pursuant to N.J.S.A. 19:44A-20.4; 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 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, 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 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 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 on behalf of the Municipal Council of the City of Newark to execute an agreement with Hatch Mott MacDonald LLC, 111 Wood Avenue South, Iselin, New Jersey 08830, to provide professional engineering design services, planning and construction oversight to the City of Newark, Department of Water and Sewer Utilities, for the Rehabilitation of Water Distribution System Mains, in an amount not to exceed Four Hundred Sixty-Four Thousand, Four Hundred Dollars and Zero Cents ($464,400.00).
2. The Department of Water and Sewer Utilities has applied for a loan from the New Jersey Environmental Infrastructure Finance Program for the full amount of the Contract.
3. The Department of Water and Sewer Utilities must provide a copy of an executed agreement for engineering services and a copy of its engineering design for the Rehabilitation of its Water Distribution System Mains to the New Jersey Environmental Infrastructure Finance Program by December 15, 2014 or it will not qualify for the loan.
4. The Department of Water and Sewer Utilities has certified $464,400.00 for the engineering design services, planning and construction oversight pursuant to this Contract 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 $464,400.00 as set forth herein, under Business Unit NW037, Department ID 750, Division/Proj. 7502, Account 71280. 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.
5. The Contract shall be subject to the availability and appropriation annually of sufficient funds as may be required to meet the obligations herein and shall be subject to immediate termination in the absence thereof with no further obligation of the City of Newark.
6 This Contract is being awarded pursuant to the fair and open procedures of the Pay-to-Play Law N.J.S.A.19:44A-20.4 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 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 Department of Water and Sewer Utilities and shall be made available for public inspection.
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 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 an agreement with Hatch Mott MacDonald LLC, 111 Wood Avenue South, Iselin, New Jersey 08830, to provide professional engineering services to the City of Newark, Department of Water and Sewer Utilities, for the planning, design and construction oversight needed for the Rehabilitation of its Water Distribution System Mains, in a total amount not to exceed $464,400.00. The Department of Water and Sewer Utilities has applied for funding assistance for this project from the New Jersey Environmental Infrastructure Financing Program, and this agreement is required for the Department to secure the loan.