Title
Dept/ Agency: Water and Sewer Utilities
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Professional Services Contract
Purpose: To provide Regular Dam Safety Inspections.
Entity Name: GZA GeoEnvironmental, Inc.
Entity Address: 55 Lane Road, Suite 407, Fairfield, New Jersey 07004
Contract Amount: Not to exceed $44,000.00
Funding Source: 2021 Budget/Department of Water and Sewer Utilities/NW037-750-7502-71280 B2021
Contract Period: One (1) year from the date of the issuance of a Notice to Proceed
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:
Number of RFQ Packages Distributed: Five (5)
Number of Packages Received: Three (3)
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WHEREAS, the City of Newark (the “City”) requires Professional Engineering Services for Regular Dam Safety Inspections and issued a Request for Qualifications (RFQ) on July 27, 2021; and
WHEREAS, the City received three (3) qualification statements on August 18, 2021 pursuant to the RFQ, and a Qualification Statement received from GZA GeoEnvironmental, Inc., 55 Lane Road, Suite 407, Fairfield, New Jersey 07004, for this work for the amount not to exceed Forty-Four Thousand Dollars and Zero Cents ($44,000.00), was found to be in the best interest of the City of Newark; and
WHEREAS, the City wishes to enter into an agreement with GZA GeoEnvironmental, Inc., 55 Lane Road, Suite 407, Fairfield, New Jersey 07004, to provide Professional Engineering Services for Regular Dam Safety Inspections, in an amount not to exceed Forty-Four Thousand Dollars and Zero Cents ($44,000.00); and
WHEREAS, Local Public Contracts Law, N.J.S.A. 40A:11-5(1)(a) requires that a 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, GZA GeoEnvironmental, Inc., has completed and submitted a Business Entity Disclosure Certificate, which certifies that GZA GeoEnvironmental, Inc., has not made any reportable contributions to a political or candidates committee in the City of Newark in the previous one (1) year, and that the contract will prohibit GZA GeoEnvironmental, 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 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 candidates 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 accept the Qualification Statement from GZA GeoEnvironmental, Inc., 55 Lane Road, Suite 407, Fairfield, New Jersey 07004, to provide professional engineering services to the City’s Department of Water and Sewer Utilities, for Regular Dam Safety Inspections, in an amount not to exceed Forty-Four Thousand Dollars and Zero Cents ($44,000.00), for a period of one (1) year from the date of the issuance of a Notice To Proceed.
2. Attached hereto is a Certification of Funds issued by the Director of the Department of Finance, which states that there are available sufficient legally appropriated funds in the amount of Forty-Four Thousand Dollars and Zero Cents ($44,000.00) for the purposes set forth herein, under Business Unit NW037, Department ID 0750, Division 7502, Account 71280.
3. The Director of the Department of Water and Sewer Utilities shall file a copy of the Certification of Funds, the original resolution and the executed contract in the Office of the City Clerk.
4. 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 Contract 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.
5. 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 profession (Engineer) by the State of New Jersey, whose performance require 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.
6. 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.
7. GZA GeoEnvironmental, 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 GZA GeoEnvironmental, 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 GZA GeoEnvironmental, Inc., from making any reportable contribution 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 of the City of Newark and/or his designee, the Director of the Department of Water and Sewer Utilities, to accept the Qualification Statement from GZA GeoEnvironmental, Inc., 55 Lane Road, Suite 407, to provide professional engineering services to the City’s Department of Water and Sewer Utilities, for Regular Dam Safety Inspections, in an amount not to exceed $44,000.00, for a period of one (1) year from the date of the issuance of a Notice To Proceed.