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 Pequannock Aqueducts Right-Of-Way Stabilization in the Township of Wayne, Passaic County, New Jersey
Entity Name: Cha Consulting, Inc.
Entity Address: 1639 Route 10 East, Suite 103, Parsippany, New Jersey 07054
Contract Amount: Not to Exceed $115,994.00
Funding Source: 2026/2027 Budget/Department of Water and Sewer Utilities/Business Unit: NW037, Dept. 750, Div./Proj. 7505, Account #71960, Budget Ref: B2026
Contract Period: Commencing upon the issuance of a Notice to Proceed until project completion pursuant to N.J.S.A. 40A:11-115(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:
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WHEREAS, the City of Newark’s Department of Water and Sewer Utilities (“Department”) requires Professional Engineering Services for Pequannock Aqueducts Right-Of-Way Stabilization in the Township of Wayne, Passaic County, New Jersey; and
WHEREAS, a proposal, dated May 27, 2026, was received by the City from Cha Consulting, Inc., outlining a scope of work and budget estimate to provide support to the Department of Water and Sewer Utilities for Design, Bid Phase and Construction Phase services for Pequannock Aqueducts Right-Of-Way Stabilization in the Township of Wayne, Passaic County, New Jersey, commencing upon the issuance of a Notice to Proceed until project completion pursuant to N.J.S.A. 40A:11-115(9); and
WHEREAS, the Department wishes to execute a Professional Engineering Services Contract with Cha Consulting, Inc., 1639 Route 10 East, Suite 103, Parsippany, New Jersey 07054, to provide professional engineering services for Pequannock Aqueducts Right-Of-Way Stabilization in the Township of Wayne, Passaic County, New Jersey, for a contract amount not to exceed $115,994.00, commencing upon the issuance of a Notice to Proceed until project completion pursuant to N.J.S.A. 40A:11-115(9); and
WHEREAS, the provision of the Local Public Contracts Law N.J.S.A. 40A:11-5(1)(a)(i) authorizes the award of professional services agreement without public advertising of bids and bidding and requires that the contract be made available for public inspection; and
WHEREAS, 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 advanced type in a field of learning acquired by a prolonged formal course of specialized instruction and study, as distinguished from general academic instruction; and
WHEREAS, this contract is for an amount over $17,500.00 and is being awarded as a Non-Fair and Open Contract, pursuant to N.J.S.A. 19:44A-20.5; and
WHEREAS, Cha Consulting, Inc., has completed and submitted a Business Entity Disclosure Certificate which certifies that HDR Engineering, Inc., has not made any reportable contributions to a political or candidates committee in the City of Newark in the previous one (1) year, and that the contract will prohibit Cha Consulting, Inc., from making any reportable contributions through the term of the contract; and
WHEREAS, the award is in compliance with the State of New Jersey’s Pay-to-Play statutory requirements, pursuant to N.J.S.A. 19:44A-20.5, 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 and/or his designee, the Director of the Department of Water and Sewer Utilities, are authorized to execute a contract with Cha Consulting, Inc., 1639 Route 10 East, Suite 103, Parsippany, New Jersey 07054, to provide Professional Engineering Services for Pequannock Aqueducts Right-Of-Way Stabilization in the Township of Wayne, Passaic County, New Jersey, for a total contract amount not to exceed $115,994.00, commencing upon the issuance of a Notice to Proceed until project completion pursuant to N.J.S.A. 40A:11-115(9).
2. Pursuant to N.J.A.C. 5:30-5.5(a), Temporary Budget, attached hereto is a partial Certification of Funds issued by the Director of the Department of Finance, which states that there are available sufficient legally appropriated funds in the amount of $5,000.00 for the purposes set forth herein, under NW037, Dept. 750, Div./Proj. 7505, Account #71960, Budget Ref: B2026. 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 2026 and 2027 Budgets and funds will be certified prior to services being provided by the contractor.
3. 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.
4. Cha Consulting, Inc., has completed and submitted a Business Entity Disclosure Certificate, which shall be placed on file in the City Clerk’s Office by the Director of the Department of Water and Sewer Utilities, certifying that Cha Consulting, Inc., has not made any reportable contributions to a political or candidate committee in the City of Newark in the previous one (1) year, and that the contract will prohibit Cha Consulting, Inc., from making any reportable contributions through the term of the contract.
5. There shall be no amendment or change to this contract without approval by the Municipal Council.
6. There shall be no advance payment on this contract in accordance with N.J.S.A. 40A:5-16.
7. 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 10 days of its passage.
STATEMENT
This resolution authorizes the Mayor and/or his designee, the Director of the Department of Water and Sewer Utilities, to enter into a contract with Cha Consulting, Inc., 1639 Route 10 East, Suite 103, Parsippany, New Jersey 07054, to provide professional engineering services for Pequannock Aqueducts Right-Of-Way Stabilization in the Township of Wayne, Passaic County, New Jersey, in an amount not to exceed $115,994.00, commencing upon the issuance of a Notice to Proceed until project completion pursuant to N.J.S.A. 40A:11-115(9).