Title
Dept/ Agency: Water and Sewer Utilities
Action: ( X ) Ratifying ( X ) Authorizing ( X ) Amending
Type of Service: Professional Services Contract
Purpose: Amendment #1 to Design and Construction Administration for Dissolved Air Floatation (DAF) System at the Pequannock Water Treatment Plant.
Entity Name: CDM Smith, Inc.
Entity Address: 110 Fieldcrest Avenue, #8, 6th Floor, Edison, New Jersey 08837
Contract Amount: Increase contract value by $338,506.00 for total not to exceed $4,100,390.00
Funding Source: Budget/Department of Water and Sewer Utilities/NW037-750-7502-71280 B2023
Contract Period: Commencing upon the 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
( X ) Fair & Open ( ) No Reportable Contributions ( ) RFP ( ) RFQ
( ) Private Sale ( ) Grant ( ) Sub-recipient ( ) N/A
Additional Information:
Resolution 7R12-a adopted on November 18, 2020, awarded a contract in an amount not to exceed $3,761,884.00, upon the issuance of a written Notice to Proceed, until the completion of project construction, pursuant to N.J.S.A. 40A: 11-15(9).
Amendment #1 will increase the contract amount by $338,506.00 for a new total contract amount not to exceed $4,100,390.00
body
WHEREAS, Resolution 7R12-a adopted on November 18, 2020, authorized the Director of the Department of Water and Sewer Utilities to execute a contract with CDM Smith, Inc., 110 Fieldcrest Avenue, #8, 6th Floor, Edison, New Jersey 08837, pursuant to a fair and open process, to provide Professional Engineering Services for to Design and Construction Administration for Dissolved Air Floatation (DAF) System at the Pequannock Water Treatment Plant, in an amount not to exceed $3,761,884.00, for a contract time period until completion of project construction pursuant to N.J.S.A. 40A:11-15(9); and
WHEREAS, the City of Newark originally engaged in the upgrade of the Pequannock Water Treatment through the design of a Dissolved Air Floatation (DAF) System. The initial pilot testing had determined that a second set of pilot testing was to be conducted in order to evaluate the water turnover cycle. This amendment will cover all additional construction and management costs associated with the second pilot testing; and
WHEREAS, the Department of Water and Sewer Utilities wishes to execute Amendment #1 with CDM Smith, Inc., 110 Fieldcrest Avenue, #8, 6th Floor, Edison, New Jersey 08837, to continue providing Professional Engineering Services for Design and Construction Administration for Dissolved Air Floatation (DAF) System at the Pequannock Water Treatment Plant, for an additional $338,506.00, for a total contract amount not to exceed $4,100,390.00, until completion of project construction pursuant to N.J.S.A. 40A:11-15(9). The amendment scope of services are detailed in the attached CDM Smith letter dated April 25, 2023 attached hereto.
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, are authorized to enter into and execute Amendment #1, with CDM Smith, Inc., 110 Fieldcrest Avenue, #8, 6th Floor, Edison, New Jersey 08837, to continue to provide Professional Engineering Services for Design and Construction Administration for Dissolved Air Floatation (DAF) System at the Pequannock Water Treatment Plant, as set forth in the agreement and detailed in CDM Smith’s proposal for an additional $338,506.00, and a total contract amount not to exceed $4,100,390.00, until completion of project construction pursuant to N.J.S.A. 40A:11-15(9).
2. Amendment #1 is ratified from the date of the commencement of the additional work to the date of adoption of this authorizing resolution.
3. Pursuant to N.J.A.C. 5:30-5.5(c), Temporary Budget attached is a partial Certification of Funds issued by the Director of Finance which states that funds in the amount of $5,000.00 are available under the following:
NW037-750-7502-71280-B2023. 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 2023 Budget and funds will be certified prior to services being provided by the contractor.
4. The Director of the Department of Water and Sewer Utilities shall forthwith file a duly executed copy of the amended contract in the Office of the City Clerk.
5. There shall be no amendment or change to the contract without approval by the Newark Municipal Council.
6. 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 ratifies, amends and authorizes the Mayor and/or his designee, the Director of the Department of Water and Sewer Utilities, to enter into and execute an Amendment #1, with CDM Smith, Inc., 110 Fieldcrest Avenue, #8, 6th Floor, Edison, New Jersey 08837, to continue to provide Professional Engineering Services for Design and Construction Administration for Dissolved Air Floatation (DAF) System set forth in the agreement and detailed in CDM Smith’s proposal for an additional $338,506.00, for a total contract amount not to exceed $4,100,390.00, until completion of project construction pursuant to N.J.S.A. 40A:11-15(9).