Title
Dept/ Agency: Economic and Housing Development
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Professional Services Contract
Purpose: To provide Project Management Services, including engineering services, for the expansion of the Newark Riverfront Park.
Entity Name: Cumming Construction Management, Inc. having an alternate name of Lehrer Cumming
Entity Address: 200 South Avenue East, Suite 302, Cranford, New Jersey 07016
Contract Amount: Not to exceed $120,000.00
Funding Source: Capital Fund Account
Contract Period: One (1) year from the date of issuance of a Notice to Proceed by the Interim Deputy Mayor/Director of the Department of Economic and Housing Development
Contract Basis: ( ) Bid ( ) State Vendor (X) Prof. Ser. ( ) EUS
(X ) Fair & Open ( ) No Reportable Contributions (X) RFP ( ) RFQ
( ) Private Sale ( ) Grant ( ) Sub-recipient ( ) n/a
Additional Information:
body
WHEREAS, the City of Newark, Department of Economic and Housing Development (the “City”) advertised a Request for Proposals (RFP) for Project Management Services, which includes engineering services, for the Expansion of the Newark Riverfront Park on December 26, 2018, in accordance with the requirements of the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq. (the “LPCL”); and
WHEREAS, Project Management Services, which includes engineering services, are ”Professional Services” exempt from the public bidding requirements pursuant to N.J.S.A. 40A:11-5(1)(a)(i); and
WHEREAS, the City received a total of three (3) proposals in response to its RFP with a due date of January 23, 2019; and
WHEREAS, Cumming Construction Management, Inc. a construction management business formed in California, and having an Alternate Name registered in New Jersey as Lehrer Cumming (“Cumming”), submitted a proposal to the City of Newark, Department of Economic and Housing Development for Project Management Services, including engineering services, for the Expansion of the Newark Riverfront Park dated January 23, 2019; and
WHEREAS, Cumming’s proposal demonstrated their extensive experience in project management, engineering design, cost consultation, construction management, interfacing with governmental agencies and particular knowledge in the Riverfront Park expansion project; and
WHEREAS, through a measured evaluation of all proposals submitted in response to the RFP, it was found to be in the best interest of the City of Newark to accept the proposal of Cumming; and
WHEREAS, since it was determined that Cumming is able to meet the City’s needs, the City wishes to enter into a contract with Cumming Construction Management, Inc., having an Alternate Name registered in New Jersey as Lehrer Cumming, 200 South Avenue East, Suite 302, Cranford, New Jersey 07016, to provide project management services, including engineering services, in an amount not to exceed One Hundred Twenty Thousand Dollars and Zero Cents ($120,000.00), for the period of one (1) year from the issuance of a Notice to Proceed; and
WHEREAS, the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.) requires that notice of the award of contracts for “Professional Services” without competitive bidding must be published in a local newspaper; and
WHEREAS, the contract is for an amount over $17,500.00 and is being awarded as a Fair and Open Contract pursuant to N.J.S.A. 19:44A-20.5; and
WHEREAS, the Municipal Council adopted the Contractor Pay-to-Play Reform Ordinance, Newark, New Jersey Municipal Code §2:4-22C, which forbids the award of a contract to a business Entity, as defined therein, which has made or solicited political contributions to Newark Municipal candidates and County of Essex Candidates, office holders having ultimate responsibility for the award of a contract; candidate committees of the aforementioned candidates; and political or political party committees of the City of Newark or County of Essex; and continuing political committees or political action committees regularly engaged in the support of the City of Newark, Municipal, or County of Essex elections; and certain other political party or candidate committees, in excess of certain thresholds.
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 Interim Deputy Mayor/Director of the Department of Economic and Housing Development, are hereby authorized to enter into and execute a contract with Cumming Construction Management, Inc., having an Alternate Name registered in New Jersey as Lehrer Cumming, which registration was filed January 11, 2019, with the State of New Jersey Division of Revenue, to provide Project Management Services, which includes engineering services, for the Expansion of the Newark Riverfront Park, for a period of one year from the date of issuance of the Notice to Proceed by the Interim Deputy Mayor/Director of the Department of Economic and Housing Development.
2. The contract shall be for an amount not to exceed One Hundred and Twenty Thousand Dollars and Zero Cents ($120,000.00).
3. This contract is being awarded pursuant to the fair and open procedures of the State Pay-to-Play Law (N.J.S.A. 19:44A-20.5) and pursuant to the provisions of the Local Public Contracts Law (N.J.S.A. 40A:11-5(1)(a)(i) and is in compliance with the Contractor Pay-to-Play Reform Ordinance, Newark, New Jersey, Municipal Code § 2:4-22C.
4. Attached hereto is a Certification of Funds from the Finance Director of the City of Newark, which states (1) that there are sufficient funds in the amount of $120,000.00 for the purpose set forth herein above and (2) that the line appropriation which shall be charged is as follows:
Business Unit Dept. Div./Proj. Activity Account Budget Ref.
NW045 16G 16C00 A 94710 B2016
5. A fully executed copy of this contract, Certification of Funds, and Notice to Proceed shall be filed in the Office of the City Clerk by the Interim Deputy Mayor/Director of the Department of Economic and Housing Development.
6. There shall be no advance payments against this contract pursuant to N.J.S.A. 40A:5-16.
7. There shall be no amendments or changes to this contract without the approval of the Municipal Council of the City of Newark.
8. A notice of the award shall be published in the newspaper authorized by 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 and/or his designee, the Interim Deputy Mayor/Director of the Department of Economic and Housing Development to enter into and execute a contract with Cumming Construction Management, Inc., having an Alternate Name registered in New Jersey as Lehrer Cumming, 200 South Avenue East, Suite 302, Cranford, New Jersey 07016, to provide Project Management Services, which includes engineering services, for the Expansion of the Newark Riverfront Park in an amount not to exceed One Hundred and Twenty Thousand Dollars and Zero Cents ($120,000.00), for the period of one year from the date of issuance of a Notice to Proceed by the Interim Deputy Mayor/Director of the Department of Economic and Housing Development.