Title
Dept/ Agency: Water and Sewer Utilities
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Professional Services Contract
Purpose: Professional Engineering Services for Feasibility Assessment of a Joint Distribution System Water Storage Project
Entity Name: Arcadis U.S., Inc.,
Entity Address: 630 Plaza Drive, STE 200, Highlands Ranch, Colorado 80129
Contract Amount: Not to exceed $492,765.00
Funding Source: 2018 Budget/Department of Water and Sewer Utilities
Contract Period: One (1) year period from issue of Notice to Proceed
Contract Basis: ( ) Bid ( ) State Vendor (X) Prof. Ser. ( ) EUS
(X ) Fair & Open ( ) No Reportable Contributions (X ) RFP ( ) RFQ
( ) Private Sale ( ) Grant ( ) Sub-recipient ( ) n/a
Additional Information:
The Passaic Valley Water Commission will fund $246,382.50.
The City of Newark will fund $246,382.50 for a total contract amount not to exceed $492,765.00.
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WHEREAS, the City of Newark and the Passaic Valley Water Commission (PVWC) entered into a joint venture partnership agreement for a water storage project; and
WHEREAS, pursuant to the public bidding process of the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq., the Department of Water and Sewer Utilities advertised on January 25, 2018, Request for Proposals for Professional Engineering Services for a Feasibility Assessment of a Joint Distribution System Water Storage Project; and
WHEREAS, thirteen (13) prospective bidders obtained RFP packages; and
WHEREAS, on February 27, 2018, the Department of Water and Sewer Utilities received sealed Proposals from three (3) firms for the Professional Engineering Services; and
WHEREAS, upon review of the Proposals submitted, the Department of Water and Sewer Utilities of the City of Newark and the Passaic Valley Water Commission, have determined that the proposal submitted by Arcadis U.S., Inc., 630 Plaza Drive, STE 200, Highlands Ranch, Colorado80129, for a not to exceed price of $492,765.00, of which the City will fund $246,382.50, to be in the best interests of the City and PVWC; and
WHEREAS, the City of Newark and PVWC desire to award a contract to Arcadis U.S., Inc., 630 Plaza Drive, STE 200, Highlands Ranch, Colorado 80129 to provide professional engineering services for a Feasibility Assessment of a Joint Distribution System Water Storage Project, for a not to exceed price of $492,765.00, of which the City will fund $246,382.50, for a one (1) year period from issue of Notice to Proceed; and
WHEREAS, the award of this contract is necessary for the efficient operation of the City of Newark’s Department of Water and Sewer Utilities and is in compliance with Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq., and with the Fair and Open Process described in the New Jersey Local Unit Pay-to-Play Law, N.J.S.A. 19:44A-20.5, et seq.; 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 committees or political action committees regularly engaged in the support of the City of Newark municipal or County of Essex election; and certain other political party or candidate committees, in excess of certain thresholds; 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.
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 the Water and Sewer Utilities is hereby authorized to accept the proposal from Arcadis U.S., Inc., and to execute an agreement with Arcadis U.S., Inc., 630 Plaza Drive, STE 200, Highlands Ranch, Colorado80129, to provide professional engineering services to the City of Newark, Department of Water and Sewer Utilities and PVWC, for a Feasibility Assessment of a Joint Distribution System Water Storage Project, in an amount not to exceed $492,765.00, of which the City will fund $246,382.50, for a one (1) year period from issue of Notice to Proceed.
2. Attached hereto is a Certification of Funds by the Director of Finance of the City of Newark which states that there are available sufficient legally appropriated funds in the amount of $246,382.50 for the purposes set forth herein, under the 2018 budget, Business Unit NW037, Department 750, Division/Project 7502, Account #71240 Budget Ref: B2018. 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.
3. This contract is being awarded pursuant to the fair and open procedures of the State 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 the City’s Contractor Pay-to-Play Reform Ordinance, R.O. 2:4-22C.
4. This contract is awarded 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 advanced type in a field of learning acquired by a prolonged formal course of specializing instruction and study, as distinguished from general academic instruction.
5. The Director of the Department of Water and Sewer Utilities shall file a copy of the fully executed contract in the Office of the City Clerk and it shall be made available for public inspection.
6. There shall be no amendment or change to the contract without prior approval by the Municipal Council.
7. There shall be no advance payments made against the contract in accordance with N.J.A.C. 40A:5-16.
8. 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 hereby authorizes the Mayor and/or his designee, the Director of Water and Sewer Utilities, to enter into and execute an agreement with Arcadis U.S., Inc., 630 Plaza Drive, STE 200, Highlands Ranch, Colorado 80129, to provide Professional Engineering Services for Feasibility Assessment of a Joint Distribution System Water Storage Project for a one (1) year period from Notice to Proceed, for a total cost not to exceed $492,765.00, of which the City will fund $246,382.50.