Title
Dept/ Agency: Water and Sewer Utilities
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Professional Services Contract
Purpose: Small Dam Safety Compliance Engineering
Entity Name: Civil Dynamics, Inc.
Entity Address: 109A County Route 515, Post Office Box 760, Stockholm, New Jersey 07460-0760
Contract Amount: Amount Not to Exceed $73,960.00
Funding Source: Department of Water and Sewer Utilities Budget
Contract Period: One (1) Year from Contract Award
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: Eighteen (18)
Proposal Received: Eight (8)
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WHEREAS, the City of Newark, Department of Water and Sewer Utilities requires professional engineering services, specifically dam engineering services, for four (4) of its water supply dams located within the Newark Watershed, West Milford, New Jersey and elsewhere; and
WHEREAS, the dam engineering services are needed so that complete Small Dam Safety Compliance Engineering can be conducted, and the required reports generated, in accordance with the State of New Jersey, Department of Environmental Protection, Bureau of Dam Safety and Flood Control requirements; and
WHEREAS, on March 18, 2014, the Department of Water and Sewer Utilities (City) issued a Request for Qualifications (RFQ), and distributed eighteen (18) RFQ packages to prospective vendors following the date of advertisement; and
WHEREAS, on April 10, 2014, the City received eight (8) proposals in response to the RFQ; and
WHEREAS, Civil Dynamics, Inc., 109A County Route 515, Post Office Box 760, Stockholm, New Jersey 07460-0760, submitted a proposal for this work which the City found to be in its best interest; and
WHEREAS, Civil Dynamics, Inc., has provided dam engineering services to the City previously, and has worked on the dams presently requiring Safety Compliance Engineering; and
WHEREAS, Civil Dynamics, Inc., is familiar with and experienced in the Dam Safety Compliance Engineering process required by the State of New Jersey, Department of Environmental Protection, Bureau of Dam Safety and Flood Control and will provide the City with efficient, cost effective services and useful reports; and
WHEREAS, the City wishes to enter into an agreement with Civil Dynamics, Inc.,109A County Route 515, Post Office Box 760, Stockholm, New Jersey 07460-0760, to provide engineering services for Small Dam Safety Compliance Engineering and Evaluations and to prepare the required reports and meet the State of New Jersey, Department of Environmental Protection, Bureau of Dam Safety and Flood Control requirements, for an amount not to exceed Seventy- Three Thousand, Nine Hundred Sixty Dollars and Zero Cents ($73,960.00); and
WHEREAS, the Local Pubic Contracts Law N.J.S.A. 40A:11-5(1)(a) requires that notice of the 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 Mayor of the City of Newark signed into law Executive Order Number MEO-07-0001 (hereinafter “Pay-to-Play Executive Order”) which requires the reporting of political contributions to Newark Municipal Candidates and prohibits certain political contributions during the duration of the contract.
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, Post Office Box 760, Stockholm, New Jersey 07460-0760, to provide professional engineering services to the City of Newark, Department of Water and Sewer Utilities, for Small Dam Safety Compliance Engineering, for an amount not to exceed Seventy-Three Thousand, Nine Hundred Sixty Dollars and Zero Cents ($73,960.00), for a period of one year from the date that the contract is awarded by the Newark Municipal Council.
2. Attached hereto is a Certification of Funds issued by the Acting Director of Finance of the City of Newark which states that there are available sufficient legally appropriated funds in the amount Seventy-Three Thousand, Nine Hundred Sixty Dollars and Zero Cents ($73,960.00) for the purposes set forth herein, under, Business Unit NW037, Department ID 0750, Division/Proj. 7502, Account #71280. 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 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.
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 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. A copy of the Business Entity Disclosure Certification shall be placed on file in the Office of the City Clerk.
7. Civil Dynamics, 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 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.
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 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 and execute an agreement with, Civil Dynamics, Inc., 109A County Route 515, Post Office Box 760, Stockholm, New Jersey 07460-0760, to provide professional engineering services to the City of Newark, Department of Water and Sewer Utilities, for complete Small Dam Safety Compliance Engineering and Evaluations to be conducted, and the required reports generated, in accordance with the State of New Jersey, Department of Environmental Protection, Bureau of Dam Safety and Flood Control requirements for a total not to exceed of Seventy Three Thousand, Nine Hundred Sixty Dollars and Zero Cents ($73,960.00), for a period of one year from the date that the contract is awarded by the Newark Municipal Council.