Title
Dept/ Agency: Water and Sewer Utilities
Action: (X) Ratifying (X) Authorizing (X) Amending
Type of Service: Professional Services Contract
Purpose: Amendment #3 to Lead Service Line Replacement (LSLR) Program Management.
Entity Name: CDM Smith, Inc.
Entity Address: 110 Fieldcrest Avenue, #8, 6th Floor, Edison, New Jersey 08837
Contract Amount: Not to exceed $12,780,735.00
Funding Source: 2023 Budget/Department of Water and Sewer Utilities/Business Unit: NW037, Dept.: 750, Activity A, Div./Proj.: 7502, Account #71280, Budget Ref.: B2023
Contract Period: Commencing upon the issuance of a written Notice to Proceed, until the completion of project construction, pursuant to N.J.S.A. 40A: 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:
Resolution 7R12-c(AS) adopted on May 23, 2018, awarded a contract in an amount not to exceed $7,340,740.00, upon the issuance of a written Notice to Proceed, until the completion of project construction, pursuant to N.J.S.A. 40A: 11-15(9).
Amendment #1 increased the contract amount by $3,269,000.00 for a new total contract amount not to exceed $10,609,740.00.
Amendment #2 increased the contract amount by $1,908,995.00 for a new total contract amount not to exceed $12,518,735.00.
Amendment #3 increases the contract amount by $262,000.00 for a total contract amount not to exceed $12,780,735.00.
body
WHEREAS, Resolution 7R12-c (as) adopted on May 23, 2018, authorized the Director of the Department of Water and Sewer Utilities to execute a contract with CDM Smith, Inc., 110 Fieldcrest Avenue, #8, 6th Floor, Edison, New Jersey 08837, to provide Professional Engineering Services for Lead Service Line Replacement (LSLR) Program Management, in an amount not to exceed $7,340,740.00, for a contract time period until completion of project construction pursuant to N.J.S.A. 40A:11-15(9); and
WHEREAS, Amendment #1, by Resolution 7R12-c adopted on October 7, 2020, increased the contract by $3,269,000.00, for a total contract amount not to exceed $10,609,740.00 which represented 21,000 service lines; and
WHEREAS, Amendment #2, by Resolution 7R12-b adopted on December 15, 2021, increased the contract by $1,908,995.00, for a total contract amount not to exceed $12,518,738.00., adding 3,758 lead service lines to the scope of services and for additional design, bidding, public outreach and residential inspection services; and
WHEREAS, the City of Newark originally embarked on the removal of 15,000 lead service lines, current construction contracts show the City has completed 27,336 properties through a combinations of 23,192 replacements and confirmation that another that another 4,144 homes are lead-free. CDM Smith has been assigned an additional 218 commercial/industrial properties with known lead service to be test pitted or replaced to remove lead services and the monitoring of the additional paving to the Phase X Lead Service Paving contract. This amendment will cover all additional construction management costs; and
WHEREAS, the Department of Water and Sewer Utilities wishes to execute an amendment #3 with CDM Smith, Inc., 110 Fieldcrest Avenue, #8, 6th Floor, Edison, New Jersey 08837, to continue providing Professional Engineering Services for Lead Service Line Replacement (LSLR) Program Management, for an additional $262,000.00, for a total contract amount not to exceed $12,780,735.00, until completion of project construction pursuant to N.J.S.A. 40A:11-15(9). The amendment services are detailed in the attached CDM Smith letter dated January 23, 2023 attached hereto.
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 #3, with CDM Smith, Inc., 110 Fieldcrest Avenue, #8, 6th Floor, Edison, New Jersey 08837, to continue to provide Professional Engineering Services for Lead Service Line Replacement (LSLR) Program Management, as set forth in the agreement and detailed in CDM Smith’s proposal for an additional $262,000.00, and a total contract amount not to exceed $12,780,735.00, until completion of project construction pursuant to N.J.S.A. 40A:11-15(9).
2. Amendment #3 is ratified from the date of the commencement of the additional work to the date of adoption of this authorizing resolution.
3. 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-B2023. 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 2023 Budget and funds will be certified prior to services being provided by the contractor.
4. The Director of the Department of Water and Sewer Utilities shall file a copy of the fully executed amendment #3 to the contract in the Office of the City Clerk and it shall be made available for public inspection.
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 ratifies, 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 #3, with CDM Smith, Inc., 110 Fieldcrest Avenue, #8, 6th Floor, Edison, New Jersey 08837, to continue to provide Professional Engineering Services for Lead Service Line Replacement (LSLR) Program Management, as set forth in the agreement and detailed in CDM Smith’s proposal for an additional $262,000.00, for a total contract amount not to exceed $12,780,735.00, until completion of project construction pursuant to N.J.S.A. 40A:11-15(9).