Title
Dept/ Agency: Water and Sewer Utilities
Action: (X) Ratifying (X) Authorizing (X) Amending
Type of Service: Professional Services Contract
Purpose: Amendment #2 for Design and Construction Administration of Improvements to the Peddie Ditch CSO.
Entity Name: Arcadis U.S., Inc.
Entity Address: 17-17 Route 208 North, Fair Lawn, New Jersey 07410
Contract Amount: Not to exceed $549,200.00
Funding Source: 2024 Budget/Department of Water and Sewer Utilities/NW044-17C-17C01-94710-B2017
Contract Period: Until completion of construction as per 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:
Original Resolution 7R12-e adopted on December 18, 20213, awarded contract in the amount of $276,900.00.
Amendment #1 increased the contract amount by $58,300.00, for a new total contract amount not to exceed of $335,200.00.
Amendment #2 amends the scope of work and increases the contract amount by $214,000.00, for a total contract amount not to exceed of $549,200.00.
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WHEREAS, Resolution 7R12-e December 18, 2013, authorized the Director of Water and Sewer Utilities to execute a contract with Arcadis U.S., Inc., 17-17 Route 208 North, Fair Lawn, New Jersey 07410, to provide professional engineering services for Design and Construction Administration of Improvements to the Peddie Ditch CSO for a contract period of the earlier of one (1) year from award for design and Construction Administration or completion of construction and a not to exceed contract price of $276,900.00; and
WHEREAS, the contract period of “the earlier of one (1) year from award for design and construction Administration or Completion of Construction” was made in error and the contract period should have stated “Until Completion of Construction as per N.J.S.A. 40A:11-15(9)” and was corrected in Amendment No. #1; and
WHEREAS, the start of construction of the project, which was scheduled to commence in and around March 2023, was delayed due to Amtrak’s interference with the City’s access to the site and Conrail, the owner of the property, conceding to the Amtrak demands which resulted in additional meetings, submittals, reviews and administrative requirements beyond the original scope of work; and
WHEREAS, on April 29, 2024, Arcadis submitted a request to amend the scope of work and increase the contract amount for the Design and Construction Administration of Improvements to the Peddie Ditch CSO in the amount of $214,000.00 for the reasons set forth more fully in their proposal letter; and
WHEREAS, the Department of Water and Sewer Utilities wishes to execute contract Amendment No. #2 to provide for the increase to the contract amount and amend the scope of services as more fully set forth in Arcadis’ proposal of April 29, 2024, and all other terms and conditions remaining the same.
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 Amendment No. #2 with Arcadis U.S., Inc. 17-17 Route 208 North, Fair Lawn, New Jersey 07410, to provide Professional Engineering Services for Design and Construction Administration of Improvements to the Peddie Ditch CSO for an additional amount of $214,000.00, for a total contract amount not to exceed $549,200.00 and amend the scope of work as set forth in proposal dated April 29, 2024.
2. Attached hereto is a Certification of Funds from the Director of Finance of the City of Newark which states that there are sufficient funds, in the amount of Two Hundred Fourteen Thousand Dollars and Zero Cents ($214,000.00) from the Department of Water and Sewer Utilities under NW044-17C-17C01-94710-B2017 for the purpose set forth herein. The Certification of Funds shall be filed along with the original resolution in the Office of the City Clerk.
3. Amendment No.#2 is ratified from March 1, 2023, to the date of adoption of this authorizing resolution.
4. All other terms and conditions of the contract remain the same.
5. 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.
6. A notice of this action shall be published in a newspaper authorized by law to publish a legal advertisement and as required by law within 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 execute a second amendment to the Professional Engineering Services contract for Design and Construction Administration of Improvements to the Peddie Ditch CSO with Arcadis U.S., Inc., 17-17 route 208 North, Fair Lawn, New Jersey 07410, to amend the scope of work and increase the contract amount for an additional $214,000.00, for a total contract amount not to exceed of $549,200.00.