Title
Dept/ Agency: Water and Sewer Utilities
Action: ( ) Ratifying (X) Authorizing (X) Amending
Type of Service: Professional Services Contract
Purpose: Amendment #2 to Lead Service Line Replacement (LSLR) Program Management.
Entity Name: CDM Smith, Inc.
Entity Address: 110 Fieldcrest Avenue, #8, 6th Floor, Edison, New Jersey 08837
Contract Amount: Not to exceed $12,518,735.00
Funding Source: 2002, 2003, 2010, and 2021 Budgets/Department of Water and Sewer Utilities/NW041-602-02C60-94710 B2002/NW041-10W-10W10-94710 B2010/NW037-750-7505-71960 B2021/NW041-W03-03A20-94710 B2003
Contract Period: Commencing upon the date of an issuance of a written Notice to Proceed until the completion of project construction 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:
Resolution 7R12-c(AS) adopted on May 23, 2018, awarded the contract in an amount not to exceed $7,340,740.00 commencing upon issuance of Notice to Proceed until the completion of construction pursuant to N.J.S.A. 40A: 11-15(9).
Amendment #1 - Resolution 7R12-c adopted on October 7, 2020, increased the contract amount by $3,269,000.00 for a new total contract amount not to exceed $10,609,740.00 commencing upon issuance of Notice to Proceed until the completion of construction pursuant to N.J.S.A. 40A: 11-15(9).
Amendment #2 increases the contract amount by $1,908,995.00 for a new total contract amount not to exceed $12,518,735.00 commencing upon the date of an issuance of a written Notice to Proceed until the completion of project construction pursuant to N.J.S.A. 40A: 11-15(9).
body
WHEREAS, Resolution 7R12-c(as) adopted on May 23, 2018, authorized the Director of the Department of Water and Sewer Utilities to enter into and execute a contract with CDM Smith, Inc., 110 Fieldcrest Avenue, #8, 6th Floor, Edison, New Jersey 08837, to provide Professional Engineering Services for Lead Service Line Replacement (LSLR) Program Management, in an amount not to exceed $7,340,740.00, for a contract time period upon the date of an issuance of a written Notice to Proceed until the completion of project construction pursuant to N.J.S.A. 40A: 11-15(9); and
WHEREAS, Amendment #1, by Resolution 7R12-c adopted on October 7, 2020 increased the contract by $3,269,000.00, for a total contract amount not to exceed $10,609,740.00 which represented 21,000 lead service lines; and
WHEREAS, the City of Newark originally embarked on the removal of 15,000 lead service lines, current construction contracts show 22,060 service line replacements and confirmation that another 3,758 homes are lead-free. CDM Smith estimates that approximately 1,700 homes are to be inspected and/or have their lead service line replaced; and
WHEREAS, CDM Smith, 110 Fieldcrest Avenue, #8, 6th Floor, Edison, New Jersey 08837, is and has been providing Professional Engineering Management Services for the Lead Service Line Replacement (LSLR) Program, and is requesting an Amendment #2 for design, bidding, public outreach and residential inspection services to complete and close-out this contract; and
WHEREAS, the Department of Water and Sewer Utilities wishes to execute an Amendment #2 with CDM Smith, Inc., to continue to provide Professional Engineering Management Services for the Lead Service Line Replacement (LSLR) Program, for an additional $1,908,995.00, for a total contract amount not to exceed $12,518,735.00, commencing upon issuance of Notice to Proceed until the completion of construction pursuant to N.J.S.A. 40A: 11-15(9). The amendment services are detailed in the attached CDM Smith letter dated October 15, 2021 attached hereto; and
WHEREAS, the provision of the Local Public Contracts Law, N.J.S.A. 40A:11-5(1)(a)(i) authorizes the award of Professional Services Contract without public advertising for bids and bidding and requires that the contract be made available for public inspection; and
WHEREAS, this contract is for an amount over $17,500.00 and is being awarded as Non-Fair and Open Contract pursuant to N.J.S.A. 19:44A-20.5; and
WHEREAS, CDM Smith has completed and submitted a Business Entity Disclosure Certificate, which certifies that CDM Smith, Inc., has not made any reportable contributions to a political to a political or candidates committee in the City of Newark in the previous one (1) Year, and that the contract will prohibit CDM Smith, Inc., from making any reportable contributions through the term of the contract; and
WHEREAS, the Municipal contract adopted the Contractor Pay-to-Play Reform Ordinance R.O. 2:4-22 C, 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 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.
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 of the City of Newark and/or his designee, the Director of the Department of Water and Sewer Utilities, to enter into and execute an Amendment #2, with CDM Smith, Inc., 110 Fieldcrest Avenue, #8, 6th Floor, Edison, New Jersey 08837, to continue to provide Professional Engineering Services for Lead Service Line Replacement (LSLR) Program Management, for an additional $1,908,995.00, for a total contract amount not to exceed $12,518,735.00, commencing upon issuance of Notice to Proceed until the completion of construction pursuant to N.J.S.A. 40A: 11-15(9).
2. Pursuant to N.J.A.C. 5:30-5.5, attached hereto is a partial Certification of Funds issued by the Director of the Department of Finance, which states that funds in the amount of $1,500,000.00 are available under the following:
NW041-602-02C60-94710 B2002 ($ 500,000.00)
NW041-10W-10W10-94710 B2010 ($ 248,301.03)
NW037-750-7505-71960 B2021 ($ 528.616.83)
NW041-W03-03A20-94710 B2003 ($ 223,082.14)
The Certification of Funds shall be filed along with the original resolution in the Office of the City Clerk. The remainder of the funding for this contract will be subject to appropriation in the 2022 Budget and funds will be certified prior to services being provided by the contractor.
3. 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), and is in compliance with Ordinance on Pay to Play.
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 Contract Law, because the performance of the service required must be performed by a person (or person) 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 instruction.
5. The Director of the Department of Water and Sewer Utilities shall file a copy of the fully executed contract in the Office if the City Clerk and it shall be made available for public inspection.
6. CDM Smith, 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 the CDM Smith, Inc., has not made any reportable contributions to a political or candidate committee in the City of Newark, in the previous one (1) year, and that the contract will prohibit CDM Smith, Inc., from making any reportable contributions through the term of the contract.
7. There shall be no amendment of contract without prior approval of the Municipal Council.
8. There shall be no advance payment 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 ten (10) days of its passage.
STATEMENT
This Resolution amends and authorizes the Mayor of the City of Newark and/or his designee, the Director of the Department of Water and Sewer Utilities, to enter into and execute an Amendment #2, with CDM Smith, Inc., 110 Fieldcrest Avenue, #8, 6th Floor, Edison, New Jersey 08837, to continue to provide Professional Engineering Services for Lead Service Line Replacement (LSLR) Program Management, for an additional $1,908,995.00, for a total contract amount not to exceed $12,518,735.00, commencing upon issuance of Notice to Proceed until the completion of construction pursuant to N.J.S.A. 40A: 11-15(9).