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 Intensive-Level Historic Architectural Survey associated with the Rehabilitation of Pequannock Aqueducts.
Entity Name: Suburban Consulting Engineers, Inc.
Entity Address: 96 U.S. Highway 206, Suite 101, Flanders, New Jersey 07836
Contract Amount: Not to exceed $176,150.00
Funding Source: 2024 Budget/Department of Water and Sewer Utilities/NW038-800-8003-A-71240-B2024
Contract Period: One (1) year from the date of the issuance of a written Notice to Proceed
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:
body
WHEREAS, the City of Newark, Department of Water and Sewer Utilities (the “Department”) requires Professional Engineering Services to conduct an Intensive-Level Historic Architectural Survey associated with the Rehabilitation of the Pequannock Aqueducts; and
WHEREAS, a proposal dated August 15, 2024, was received by the Department from Suburban Consulting Engineers, Inc., outlining a scope of work to provide Professional Engineering Services for Intensive-Level Historic Architectural Survey associated with the Rehabilitation of Pequannock Aqueducts; and
WHEREAS, the Department wishes to enter into a contract with Suburban Consulting Engineers, Inc., 96 U.S. Highway 206, Suite 101, Flanders, New Jersey 07836, to provide Professional Engineering Services for Intensive-Level Historic Architectural Survey associated with the Rehabilitation of Pequannock Aqueducts, in an amount not to exceed One Hundred Seventy-Six Thousand One Hundred Fifty Dollars and Zero Cents ($176,150.00), and a contract period of one (1) year from the date of the issuance of a written Notice to Proceed; and
WHEREAS, the provision of the Local Public Contract Law, N.J.S.A. 40A:11-5(1)(a) authorizes the award of professional services agreement without public advertising of bid and bidding and requires that the contract be made available for public inspection; and
WHEREAS, Suburban Consulting Engineers, Inc., has completed and submitted a Business Entity Disclosure Certificate, which certifies that Suburban Consulting Engineers, Inc., has not made any reportable contributions to a political party or candidates committee in the City of Newark in the previous one (1) year and that the contract will prohibit Suburban Consulting Engineers, Inc., from making any reportable contributions through the term of the contract; and
WHEREAS, the award is in compliance with Ordinance §2:4-22C.1, which adopted the State of New Jersey’s Pay-to-Play statutory requirement, pursuant to N.J.S.A. 19:44-20.5, 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 Mayor of the City of Newark and/or his designee, the Director of the Department of Water and Sewer Utilities, are authorized to accept the proposal from Suburban Consulting Engineers, Inc., 96 U.S. Highway 206, Suite 101, Flanders, New Jersey 07836, to provide Professional Engineering Services for Intensive-Level Historic Architectural Survey associated with the Rehabilitation of the Pequannock Aqueducts, in an amount not to exceed One Hundred Seventy-Six Thousand One Hundred Fifty Dollars and Zero Cents ($176,150.00), for a period not to exceed one (1) year from the date of the issuance of a written Notice to Proceed.
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 state that funds in the amount of Five Thousand Dollars and Zero Cents ($5,000.00) are available under NW038-800-8003-A-71240-B2024. 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 2024 and 2025 Budget and funds will be certified prior to services being provided by the contractor.
3. 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 profession (Engineering) 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.
4. The Director of the Department of Water and Sewer Utilities shall file a duly executed copy of the contract, Determination of Value and Business Entity Disclosure Certificate in the Office of the City Clerk.
5. Suburban Consulting Engineers, Inc., has completed and submitted a Business Entity Disclosure Certificate, which shall be place on file in the Office of the City Clerk by the Director of the Department of Water and Sewer Utilities, certifying that Suburban Consulting Engineers, Inc., has not made any reportable contributions through the term of the contract.
6. There shall be no amendment of this contract without prior approval of the Municipal Council.
7. There shall be no advance payment on this contract in accordance with N.J.S.A. 40A:5-16.
8. 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 Suburban Consulting Engineers, Inc., 96 U.S. Highway 206, Suite 101, Flanders, New Jersey 07836 and enter into and execute an agreement to provide Professional Engineering Services for Intensive-Level Architectural Survey associated with the Rehabilitation of Pequannock Aqueducts, in an amount not to exceed $176,150.00, for a period not to exceed one (1) year from the date of the issuance of a written Notice to Proceed.