Title
Dept/ Agency: Water and Sewer Utilities
Action: ( ) Ratifying (X) Authorizing (X) Amending
Type of Service: Exception to Public Bidding - Professional Services Contract
Purpose: Design and Construction Administration for Dissolved Air Flotation 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: $5,650,00.00 Increase, for a total contract amount not to exceed $9,750,390.00
Funding Source: 2026 and 2027 Budget, Dept. of Water and Sewer Utilities
Contract Period: Commencing upon Notice to Proceed (12/30/2020 until completion of construction completion N.J.S.A. 40A:11-15(9))
Contract Basis: ( ) Bid ( ) State Vendor (X) Prof. Ser. ( ) EUS
(X) Fair & Open ( ) No Reportable Contributions ( ) RFP (X) RFQ
( ) Private Sale ( ) Grant ( ) Sub-recipient ( ) N/A
Additional Information:
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WHEREAS, Resolution 7R12-a adopted on November 18, 2020, authorized the Director of the Department of Water and Sewer Utilities (DWSU) 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 the Design and Construction Administration for a Dissolved Air Floatation (DAF) System at the Pequannock Water Treatment Plant (PWTP), in an amount not to exceed $3,761,884.00, for a contract period commencing upon the issuance of Notice to Proceed dated December 30, 2020, until completion of project construction pursuant to N.J.S.A. 40A:11-15(9); and
WHEREAS, Resolution 7R12-a adopted on July 19, 2023, authorized Amendment #1 for a revised scope of work to provide a more comprehensive pilot testing to address seasonal changes along with other concerns raised by the plant’s operators for an additional $338,506.00, for a total contract amount not to exceed $4,100,390.00; and
WHEREAS, upon completion of the extended pilot study, in the fall of 2024, CDM Smith presented alternative layouts based on the increased hydraulic capacity requested by the City. The new design criteria increased the number of DAF units as well as the required chemical storage volumes. In addition, the City requested that a larger laboratory facility be included. To meet the current and future stringent regulatory requirements set forth by United States Environmental Protection Agency and New Jersey Department of Environmental Protection, increased demands to bulk and emergency customers (municipal customers), increased development in the City and that of the DWSU’s municipal customers alternative Options had to be considered that factored in both the existing WTP and the pretreatment sites; and
WHEREAS, the City elected the Option, which locates the DAF facility, including chemical storage, residuals thickening and dewatering facilities, an administration area to the Pretreatment site, with a state of the art laboratory located on the existing WTP site. Treatment facility capacities will be increased for an average daily flow of 80 million gallons per day (MGD) with a maximum day flow of 104 MGD; and
WHEREAS, due to the upcoming settlements in PFAS (“forever chemicals”) Actions (i.e., In Re Aqueous Film-Forming Forms Product Liability Litigation MDL 2873) along with lead, copper, microplastics and other stringent regulations including but not limited to, the Safe Water Drinking Act, the project was paused by the DWSU due to the desired larger scope so that alternatives could be properly evaluated. The DWSU have since determined that the work is warranted, and the project should continue so the City can meet current and upcoming quality and quantity demands on the PWTP system; and
WHEREAS, a detailed description of the additional engineering and associated costs has been provided by CDM Smith in a proposal amending the project, as considered in the RFQ and based upon the changed conditions, regulations and other factors, for an increase of $5,650,00.00, for a total amended project cost of $9,750,390.00.
WHEREAS, pursuant to N.J.A.C. 5:30-11.6(d) the 20 percent limitation of N.J.A.C. 5:30-11.3(a)9 shall not apply to professional service and consultant contracts; and
WHEREAS, the Director of the DWSU wishes to execute Amendment #2 with CDM Smith, Inc., to continue providing Professional Engineering Services for Design and Construction Administration for Dissolved Air Floatation (DAF) System, at the Pequannock Water Treatment Plant as amended, for an amended price proposal of $5,650,00.00, for a total contract amount not to exceed $9,750,390.00, with a balance to complete of $7,588,399.00 until completion of project construction pursuant to N.J.S.A. 40A:11-15(9). The amendment scope of services is detailed in the attached CDM Smith letter dated July 6, 2026attached hereto; and
WHEREAS, the Municipal Council for the City of Newark concurring and recommends proceeding with the Design and Construction Administration for Dissolved Air Floatation (DAF) System, at the Pequannock Water Treatment Plant as amended as fully set forth herein.
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 #2, with CDM Smith, Inc., 110 Fieldcrest Avenue, #8, 6th Floor, Edison, New Jersey 08837, to provide Professional Engineering Services for Design and Construction Administration for Dissolved Air Floatation (DAF) System at the Pequannock Water Treatment Plant, as amended and set forth in the agreement and detailed in CDM Smith’s proposal for an additional $5,650,00.00, and a total contract amount not to exceed $9,750,390.00, until completion of project construction pursuant to N.J.S.A. 40A:11-15(9).
2. 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-B2026. 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 2026 and 2027 Budgets and funds will be certified prior to services being provided by the contractor.
3. 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.
4. There shall be no amendment or change to the contract without approval by the Newark Municipal Council.
5. 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 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 #2, 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, as amended for an additional $5,650,00.00, and a total contract amount not to exceed $9,750,390.00, until completion of project construction pursuant to N.J.S.A. 40A:11-15(9).