Title
Dept/ Agency: Water and Sewer Utilities
Action: (X) Ratifying (X) Authorizing (X) Amending
Type of Service: Professional Services Contract
Purpose: To provide for Amendment #2 and Amendment #3 to professional engineering services for Process/Operational Improvements at the Pequannock Water Treatment Plant.
Entity Name: Kleinfelder, Inc.
Entity Address: 550 West C Street, Suite 1200, San Diego, California 92101
Contract Amount: Not to exceed $1,626,960.00
Funding Source: 2021 Budget/Department of Water and Sewer Utilities/NW041-21W-21W00-94710-B2021
Contract Period: Until Project Completion, 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:
Original Resolution 7R12-a(S/AS) adopted on October 8, 2019, awarded the contract in an amount not to exceed $1,212,050.00 for a period until Project Completion, pursuant to N.J.S.A. 40A:11-15(9).
Amendment #1 adopted as Resolution 7R12-a(AS) on March 17, 2021, increased the contract amount by $99,660.00 for a new total contract amount not to exceed $1,311,710.00.
Amendment #2 will increase the contract amount by $219,750.00 for a new total contract amount not to exceed $1,531,460.00.
Amendment #3 will increase the contract amount by $95,500.00 for a new total contract amount not to exceed $1,626,960.00.
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WHEREAS, pursuant to a fair and open process Resolution 7R12-a(S/AS) adopted on October 8, 2019, authorized the Director of the Department of Water and Sewer Utilities, to enter and execute a contract with Kleinfelder, Inc., 550 West C Street, Suite 1200, San Diego, California 92101, to provide Professional Engineering Services for Process and Operational Improvements at the Pequannock Water Treatment Plant, in an amount not to exceed $1,212,050.00, until project completion as per N.J.S.A. 40A:11-15(9) projected to be May 2024; and
WHEREAS, Amendment #1, by Resolution 7R12-a(AS) adopted on March 17, 2021, increased the contract by $99,660.00, for a total contract amount not to exceed $1,311,710.00; and
WHEREAS, the City of Newark, is currently in the process of conducting process and operational improvements at the Pequannock Water Treatment Plant with the managerial assistance of Kleinfelder, Inc. The project has incurred Lengthy project delays with the Critical path of the CPU and SCADA equipment deliveries from the manufacturers, as well as additional work approved for the replacement of existing sludge pumps Work which will continue to be overseen by Kleinfelder, Inc.; and
WHEREAS, the Department of Water and Sewer Utilities wishes to execute Amendment #2 for an increase of the contract amount by $219,750.00 and Amendment #3 for an increase of the contract amount by $95,500.00 with Kleinfelder, Inc., to continue providing Professional Engineering Services for Process/Operational Improvements at the Pequannock Water Treatment Plant, until project completion per N.J.S.A. 40A:11-15(9) as more fully set forth in the scope of services detailed in the attached Kleinfelder letters dated February 14, 2023 and December 28, 2023.
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
1. The Mayor of the City of Newark and/or his designee, the Director of the Department of Water and Sewer Utilities, is authorized to enter into and execute Amendment #2 and Amendment #3, with Kleinfelder, Inc., 550 West C Street, Suite 1200, San Diego, California 92101, to continue to provide Professional Engineering Services for Process and Operational Improvements at the Pequannock Water Treatment Plant, for $219,750.00 for Amendment# 2, and $95,500.00 for Amendment #3 for a collective increase of $315,250.00 and for a total combined contract amount not to exceed $1,626,960.00 until project completion per N.J.S.A. 40A: 11-15(9.)
2. Amendment #2 and Amendment #3 are ratified from the date of their respective proposals to the date of adoption of this authorizing resolution.
3. Attached is a Certification of Funds issued by the Director of the Department of Finance, which states that there are available sufficient legally appropriated funds $219,750 for Amendment #2, and to $95,500 for Amendment #3, collectively $315,250.00 for the purposes set forth herein, under the: Capital Budget 2021 Budget NW041, Department ID 21W, Division 21W00, Account 94710. 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.
4. The Director of the Department of Water and Sewer Utilities shall file duly executed copy of Amendment #2 and Amendment #3 in the Office of the City Clerk.
5. All other terms and conditions of the Contract remain the same.
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 of the City of Newark and/or his designee, the Director of the Department of Water and Sewer Utilities, to enter into and execute Amendment #2 and amendment #3 with Kleinfelder, Inc., to continue to provide Professional Engineering Services for Process and Operational Improvements at the Pequannock Water Treatment Plant, for $219,750.00 for Amendment #2, and $95,500.00 for Amendment #3, an increase of $315,250.00, for a total contract amount not to exceed $1,626,960.00, until Project Completion, pursuant to N.J.S.A. 40A:11-15(9).