Title
Dept/ Agency: Water and Sewer Utilities
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Professional Services Contract
Purpose: Investigate Sources of Extraneous Flow to the City of Newark Combined Sewer System
Entity Name: Arcadis U.S., Inc.
Entity Address: 17-17 Route 208 North, Fair Lawn, New Jersey 07410
Contract Amount: $125,000.00
Funding Source: Department of Water and Sewer Utilities Budget
Contract Period: One Year from the date of the Notice to Proceed issued by the Director of the Department of Water and Sewer Utilities
Contract Basis: ( ) Bid ( ) State Vendor (X) Prof. Ser. ( ) EUS
( ) Fair & Open ( ) No Reportable Contributions ( ) RFP ( ) RFQ
( ) Private Sale ( ) Grant ( ) Sub-recipient ( ) n/a
Additional Information:
Proposal Solicited: Seven (7)
Proposal Received: Five (5)
body
WHEREAS, the City of Newark, Department of Water and Sewer Utilities requires professional engineering services to investigate the sources of extraneous flow to the City of Newark’s Combined Sewer System; and
WHEREAS, on April 30, 2014, the City issued a Request for Qualifications (RFQ) and distributed seven (7) RFQ packages to prospective vendors following the date of advertisement; and
WHEREAS, on May 21, 2014, the City received five (5) proposals in response to the RFQ; and
WHEREAS, Arcadis U.S., Inc., 17-17 Route 208 North, Fair Lawn, New Jersey 07410, submitted a proposal for this work which the City found to be in its best interest; and
WHEREAS, Arcadis U.S., Inc. has a long history of providing consultation on issues concerning water and the environment, and specializes in investigating sources of extraneous flows entering a combined sewer system; and
WHEREAS, Arcadis U.S. is familiar with the City’s Combined Sewer System and has provided the City with engineering consulting services in the past; and
WHEREAS, the City of Newark wishes to enter into an agreement with Arcadis U.S., Inc., 17-17 Route 208 North, Fair Lawn, New Jersey 07410, to provide engineering services to investigate sources of extraneous flow to the City of Newark Combined Sewer System, in an amount not to exceed One Hundred Twenty-Five Thousand Dollars and Zero Cents ($125,000.00); 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, Arcadis U.S., Inc. has completed and submitted a Business Entity Disclosure Certificate which certifies that Arcadis U.S., Inc. has not made any reportable contributions to a political or candidates committee in the City of Newark in the previous one year, and that the contract will prohibit Arcadis U.S., Inc. from making any reportable contributions through the term 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 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 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 Arcadis U.S., Inc. and to execute an agreement with Arcadis U.S., Inc., 17-17 Route 208 North, Fair Lawn, New Jersey 07410, to provide professional engineering services to the City of Newark, Department of Water and Sewer Utilities, to investigate sources of extraneous flow to the City of Newark Combined Sewer System, in an amount not to exceed One Hundred Twenty-Five Thousand Dollars and Zero Cents ($125,000.00), for a period of one year from the date of the Notice to Proceed issued by the Director of the Department of Water and Sewer Utilities.
2. Pursuant to N.J.A.C. 5:30-5.5, attached hereto is a partial Certification of Funds issued by the Acting Director of Finance which states that funds in the amount of $66,548.63 are available under Business Unit NW044, Department ID 10S, Division 10S70, Account# 94710, Budget Year B2010. The certification 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 2015 Budget and funds will be certified prior to services being provided by the contractor.
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 is in compliance with the Contractor 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 (Engineering) by the State of New Jersey, whose performance 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.
5. A copy of the fully executed contract and the Notice to Proceed 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. Arcadis U.S., Inc. has completed and submitted a Business Entity Disclosure Certificate, which shall be placed on file in the City Clerk’s Office by the Director of the Department of Water and Sewer Utilities, certifying that Arcadis U.S., Inc. has not made any reportable contributions to a political or candidates committee in the City of Newark in the previous one year, and that the contract will prohibit Arcadis U.S., 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 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 Arcadis U.S., Inc., and to execute an agreement with Arcadis U.S., Inc., 17-17 Route 208 North, Fair Lawn, New Jersey 07410, to provide professional engineering services to the City of Newark, Department of Water and Sewer Utilities, to investigate sources of extraneous flow to the City of Newark Combined Sewer System in an amount not to exceed $125,000.00, for a period of one year from the date of the Notice to Proceed issued by the Director of the Department of Water and Sewer Utilities.