Title
Dept/ Agency: Water and Sewer Utilities
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Professional Services Contract
Purpose: To provide Professional Engineering Services for Timber Brook Road Repairs.
Entity Name: GZA GeoEnvironmental, Inc.
Entity Address: 55 Lane Road, Suite 407, Fairfield, New Jersey 07004
Contract Amount: Not to exceed $74,970.00
Funding Source: 2022 Budget/Department of Water and Sewer Utilities/NW037-750-7502-71280
Contract Period: From the date of the issuance of a written Notice to Proceed until the completion of construction pursuant to N.J.S.A. 40(A):11-15(9)
Contract Basis: ( ) Bid ( ) State Vendor (X) Prof. Ser. ( ) EUS
( ) Fair & Open (X) No Reportable Contributions ( ) RFP ( ) RFQ
( ) Private Sale ( ) Grant ( ) Sub-recipient ( ) N/A
Additional Information:
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WHEREAS, the City of Newark requires professional engineering services for Timber Brook Road Repairs, located at the Charlotteburg Reservoir, and a proposal for Scope of Services was requested on October 28, 2021; and
WHEREAS, two (2) proposals were received by the City of Newark, and a Proposal for Scope of Services received on November 9, 2021 (See Exhibit 1 - Scope of Services Proposal Letter in Attachments) by GZA GeoEnvironmental, 55 Lane Road, Suite 407, Fairfield, New Jersey 07004, for this work for the amount not to exceed of Seventy-Four Thousand Nine Hundred Seventy Dollars and Zero Cents ($74,970.00), was found to be in the best interest of the City of Newark to accept; and
WHEREAS, the City of Newark wishes to execute a Professional Engineering Services Contract with GZA GeoEnvironmental, Inc., to provide engineering services for Timber Brook Road Repairs for a total contract amount not to exceed Seventy-Four Thousand Nine Hundred Seventy Dollars and Zero Cents ($74,970.00) and for a contract period from the date of the issuance of a written Notice to Proceed until the completion of construction pursuant to N.J.S.A. 40(A):11-15(9); and
WHEREAS, the Local Public 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 Non-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 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 contributions through the term of the contract; and
WHEREAS, the Municipal Council adopted New Jersey Municipal Code § 2:4-22C, which adopted the State of New Jersey's Pay-to-Play statutory requirements, pursuant to N.J.S.A. 19:44A-20.5, as may be amended and supplemented, governing eligibility for municipal contracts.
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
1. The Municipal Council authorizes the Mayor of the City of Newark and/or his designee, the Director of the Department of Water and Sewer Utilities, to enter into and execute a Professional Engineering Services with GZA GeoEnvironmental, Inc., 55 Lane Road, Suite 406, Fairfield, New Jersey 07004, to provide professional engineering services to the City’s, Department of Water and Sewer Utilities, for Timber Brook Road Repairs, in a total contract amount not to exceed Seventy-Four Thousand Nine Hundred Seventy Dollars and Zero Cents ($74,970.00), with a contract period from the date of the issuance of a written Notice to Proceed until the completion of construction pursuant to N.J.S.A. 40(A):11-15(9).
2. Pursuant to N.J.A.C. 5:30-5.5, attached hereto is a partial Certification of Funds issued by the Director of the Department of Finance, which states that funds in the amount of Ten Thousand Dollars and Zero Cents ($10,000.00) are available under Business Unit NW037, Department ID 750, Division 7502, Account # 71280, Budget Year B2022. 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 2022 Budget and funds will be certified prior to services being provided by the contractor.
3. This contract was solicited and awarded pursuant to the Non-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 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 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 advance 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. 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 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 of the City of Newark and/or his designee, the Director of the Department of Water and Sewer Utilities, to accept the proposal from GZA GeoEnvironmental, Inc., 55 Lane Road, Suite 407, Fairfield, New Jersey 07004, and enter into and execute an agreement to provide Professional Engineering Services to the City’s Department of Water and Sewer Utilities, for the Timber Brook Road Repairs, for an amount not to exceed $74,970.00 for a contract period from the date of the issuance of a written Notice to Proceed until the completion of construction pursuant to N.J.S.A. 40(A):11-15(9).