Title
Dept/ Agency: Engineering
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Exception to Public Bidding - N.J.S.A. 40A:11(1)(a)(i) provides for the award of a contract for Professional Services
Purpose: To provide the services of a Municipal Engineer
Entity Name: KS Engineers, P.C.
Entity Address: 2 Riverfront Plaza, McCarter Highway, Newark, New Jersey 07102
Additional Entity Name: T&M Associates
Entity Address: 11 Tindall Road, Middletown, New Jersey 07748
Contract Amount: Not to exceed $150,000.00
Funding Source: 2025 Budget/Department of Engineering/Business Unit: NW011, Dept. 110, Div./Proj. 1101, Activity A, Account #71280, Budget Ref. B2025
Contract Period: July 1, 2025 through June 30, 2026
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:
To provide services of a Municipal Engineer, including, but not limited to, assisting the municipality in the administration and operation of the roads, parks, municipal buildings, water and sewer systems, as well as to provide general engineering assistance to all City Departments.
A Partial Certification of Funds in the amount of $50,000.00 is attached.
body
Whereas, the City of Newark ("City") is in need of the services of a municipal engineer to assist the municipality in the administration and operation of the roads, parks, municipal buildings, water and sewer systems and to provide general engineering assistance to all City departments; and
Whereas, such services constitute professional services within the meaning of N.J.S.A. 40A:11-2(6); and
Whereas, the City desires to retain KS Engineers P.C. ("KSE"), 2 Riverfront Plaza, McCarter Highway, Newark, New Jersey 07102, together with a sub-consultant, T&M Associates, ("T&M") 11 Tindall Road, Middletown, New Jersey 07748, to provide the services mentioned above; and
Whereas, KSE and T&M have both completed and submitted Business Entity Disclosure Certifications, which certify that neither KSE nor T&M has made any reportable contributions to a candidate committee in the City of Newark in the one (1) year period preceding the award of this contract; and
Whereas, both KSE and T&M will be prohibited from making any prohibited reportable contributions during the term of the contract; and
Whereas, this contract will be for a term of one (1) year commencing as of July 1, 2025 and terminating on June 30, 2026, and will be for an amount not to exceed One Hundred Fifty Thousand Dollars and Zero Cents ($150,000.00); and
Whereas, this contract is awarded through a non-fair and open process within the meaning of N.J.S.A. 19:44A-20.7.
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
1. The Municipal Council hereby authorizes the Mayor of the City of Newark and/or his designees, the Business Administrator and/or the Acting Director of Engineering, to enter into and execute an agreement with KS Engineers, P.C. for a period of one (1) year, and to authorize the use of a sub-consultant, T&M Associates, 11 Tindall Road, Middletown, New Jersey, 07748. Said agreement shall be for the provisions of the services of a municipal engineer, including, but not limited to, assisting the municipality in the administration and operation of the roads, parks, municipal buildings, water and sewer systems, as well as to provide general engineering assistance to all City departments. The agreement is authorized for an amount not to exceed One Hundred Fifty Thousand Dollars and Zero Cents ($150,000.00) for the one-year period from July 1, 2025 to June 30, 2026.
2. Pursuant to N.J.A.C. 5:30-5.5(a), Temporary Budget, attached is the Chief Finance Officer's Partial Certification which states that available funds in the amount of Fifty Thousand Dollars and Zero Cents ($50,000.00) are available in the 2025 Temporary Budget, the balance to be provided in the 2025 Adopted Budget. The Certification shall be filed, along with original Resolution and the executed contract, in the Office of the City Clerk.
3. The contract is being awarded pursuant to a non-fair and open process and is in conformity with N.J.S.A. 19.44A-20.5
4. The Acting Director of the Department of Engineering shall file a copy of the executed agreement in the Office of the City Clerk and shall be made available for public inspection.
5. There shall be no amendments or changes to this agreement without approval of the Municipal Council and there shall be no advance payments on this contract in accordance with N.J.S.A. 40A:5-16.
6. A notice of this action shall be published in the newspaper authorized by the law to publish a legal advertisement and as required by law within ten (10) days of the adoption of this Resolution.
STATEMENT
This Resolution authorizes the Mayor of the City of Newark and/or his designees, the Business Administrator and/or the Acting Director of the Department of Engineering, to enter into and execute an Agreement with KS Engineers, P.C., 2 Riverfront Plaza, McCarter Highway, Newark, New Jersey 07102, to provide the services of a Municipal Engineer and further authorizes the use of a sub-consultant, T&M Associates, 11 Tindall Road, Middleton, New Jersey 07748, in the amount not to exceed $150,000.00, for the period of July 1, 2025 to June 30, 2026.