Title
Dept/ Agency: Water and Sewer Utilities
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Professional Services Contract
Purpose: Charlotteburg Dam: Bascule Gate Improvements and Construction Supervision
Entity Name: Civil Dynamics, Inc.
Entity Address: 109A County Route 515, P.O. Box 760, Stockholm, New Jersey 07460-0760
Contract Amount: Amount not to exceed $393,610.00
Funding Source: 2016 Budget/ Department of Water and Sewer Utilities
Contract Period: From the date of authorization by the Municipal Council until completion of construction
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:
Proposal Solicited: Seven (7)
Proposal Received: Two (2)
body
WHEREAS, the City of Newark requires professional engineering services for Bascule Gate Improvements and Construction Supervision at the Charlotteburg Dam, and a Request for Proposal (RFP) was issued on February 16, 2016; and
WHEREAS, the Department of Water and Sewer Utilities distributed seven (7) RFP packages to prospective vendors following the date of advertisement; and
WHEREAS, two (2) proposals were received by the Department of Water and Sewer Utilities on March 16, 2016, pursuant to the RFP, a proposal received from Civil Dynamics, Inc., 109A County Route 515, P.O. Box 760, Stockholm, New Jersey 07460-0760, for this work for a total amount not to exceed $393,610.00, 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 Civil Dynamics, Inc., 109A County Route 515, P.O. Box 760, Stockholm, New Jersey 07460-0760, to provide engineering services for Charlotteburg Dam: Bascule Gate Improvements and Construction Supervision, in an amount not to exceed $393,610.00; 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, Civil Dynamics, Inc. has completed and submitted a Business Entity Disclosure Certificate which certifies that Civil Dynamics, 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 Civil Dynamics, 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 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 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 Civil Dynamics, Inc., and to execute an agreement with Civil Dynamics, Inc., 109A County Route 515, P.O. Box 760, Stockholm, New Jersey 07460-0760, to provide professional engineering services to the City of Newark, Department of Water and Sewer Utilities, for Charlotteburg Dam: Bascule Gate Improvements and Construction Supervision, in an amount not to exceed $393,610.00, for a period beginning from the date that the contract is authorized by the Newark Municipal Council, until completion of construction.
2. Pursuant to N.J.A.C. 5:30-5.5,Temporary Budget, attached hereto is a partial Certification of Funds issued by the Director of Finance of the City of Newark which states that funds in an amount of $50,000.00 are available in the 2016 Budget, Business Unit NW037, Department ID 750, Division/Project 7502, Account # 71240 and Budget Ref. B2016. The Director of the Department of Water and Sewer Utilities shall file a copy of the Certificate of Funds along with the original resolution and the executed contract in the Office of the City Clerk. The remainder of $343,610.00 in funding for this contract will be subject to appropriation in the 2016 and 2017 Municipal Budgets 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 was solicited and 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 the City’s 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 Contract 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 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. Civil Dynamics, 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 Civil Dynamics, 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 Civil Dynamics, Inc., from making any reportable contributions through the term of the contract.
7. There shall be no amendment of this 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 authorizes the Mayor and/or his designee, the Director of the Department of Water and Sewer Utilities, to accept the proposal from Civil Dynamics, Inc., and to execute an agreement with Civil Dynamics, Inc., 109A County Route 515, P.O. Box 760, Stockholm, New Jersey 07460-0760, to provide professional engineering services to the City of Newark, Department of Water and Sewer Utilities, for Bascule Gate Improvements and Construction Supervision at the Charlotteburg Dam, for an amount not to exceed $393,610.00, for a period beginning from the date that the contract is authorized by the Newark Municipal Council, until completion of construction.