Title
Dept./ Agency: Economic and Housing Development
Action: (X) Ratifying (X) Authorizing ( ) Amending
Type of Service: Exception to Public Bidding - N.J.S.A. 40A:11-5(1)(a)(i) provides for the award of a contract for Professional Services Contract
Purpose: To provide Professional Engineering Support Services for Newark Pedestrianization Safe Street Project
Entity Name: KS Engineers, P.C.
Entity Address: 2 Riverfront Plaza, 3rd Floor, Newark, New Jersey 07102
Contract Amount: Not to exceed $1,763,164.00
Funding Source: NW051-G24-E24D0-A-71280-B2024
Contract Period: June 1, 2025 - May 31, 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:
body
WHEREAS, by Resolution 7R3-e adopted on August 2, 2023, the City of Newark (the “City”) accepted funds from the New Jersey Department of Community Affairs - Coronavirus State Fiscal Recovery Fund, in the amount of Six Million Five Hundred Thousand Dollars and Zero Cents ($6,500,000.00)(“State Funding”), to provide for implementation of the City of Newark Pedestrianization Program; and
WHEREAS, the City is in need of Professional Engineering Support Services for the Newark Pedestrianization Safe Street Project, including but not limited to, assisting the Municipality in the administration and oversight of the budget, field survey, traffic signal design, roadway design, lighting design, electrical engineering, procurement support, construction support, and to provide general assistance to the City as it utilizes the State Funding for the project; and
WHEREAS, the City wishes to enter into a Professional Services contract with KS Engineers P.C. (“KSE”), 2 Riverfront Plaza, 3rd Floor, Newark, New Jersey 07102, to provide the professional services mentioned above; and
WHEREAS, Engineering Consultant Services are Professional Services, exempt from the requirement for public bidding, pursuant to the Local Public Contracts Law, N.J.S.A. 40A:11-5(1)(a)(i); and
WHEREAS, the Contract is awarded without competitive bidding as an exception to public bidding pursuant to N.J.S.A. 40A:11-5(1)(a)(i), Professional Services; and
WHEREAS, local public contracts law N.J.S.A. 40A:11-1 et seq., require that notice of the award of contracts for Professional Services without competitive bidding must be published in a local newspaper; and
WHEREAS, pursuant to N.J.S.A. 40A:11-15(9), the contract will be for a term of one (1) year and seven (7) months for the period of June 1, 2025 through December 31, 2026, for a total contract amount not to exceed One Million Seven Hundred Sixty-Three Thousand One Hundred and Sixty-Four Dollars and Zero Cents ($1,763,164.00); and
WHEREAS, the 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 is in compliance with the State Pay-to-Play; and
WHEREAS, KS Engineers P.C., has completed and submitted a Business Entity Disclosure Certification, which shall be placed on file with this Resolution in the Office of the City Clerk and certifies that KS Engineers P.C., has not made any reportable contributions to a political or a candidate committee in the City of Newark in the previous one (1) year, and that the contract will prohibit KS Engineers P.C. from making any reportable contributions through the term of the contract.
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 Deputy Mayor/Director of the Department of Economic and Housing Development, to enter into and execute an Agreement with KS Engineers, P.C., for (1) year and seven (7) months, pursuant to NJSA 40A: 11-15(a) for the contract period of June 1, 2025 through December 31, 2026, to provide Professional Engineering Support Services for Newark Pedestrianization Safe Street Project (“Project”), including, but not limited to, assisting the municipality in the administration and oversight of the budget, field survey, traffic signal design, roadway design, lighting design, electrical engineering, procurement support, construction support, as well as to provide general assistance to the City as it utilizes the New Jersey Department of Community Affairs for the Project, in amount not to exceed One Million Seven Hundred Sixty-Three Thousand One Hundred and Sixty- Four Dollars and Zero Cents ($1,763,164.00).
2. The Contract is being awarded without competitive bidding as an “Exception” to public bidding requirements in occurrence with N.J.S.A 40A: 11-5(1)(a)(i).
3. This contract is being awarded pursuant to the Non-Fair and Open Procedures pursuant to the Local Public Contracts Law, N.J.S.A. 40A:11-5(1)(a)(i) as a Professional Services Exception to public bidding and a Non-Fair and Open Procedures of the State Pay - To - Play Law N.J.S.A 19:44A-20.5.
Attached hereto is a Certification of Funds from the Director of Finance, which states: 1) that there are available funds in the amount One Million Seven Hundred Sixty-Three Thousand One Hundred and Sixty-Four Dollars and Zero Cents ($1,763,164.00) for the purpose set forth herein above; and 2) that the line appropriation which shall be charged is as follows:
Bus. Unit Dept. Div./ Proj. Activity Acct. # Budget Ref.
NW051 G24 E24D0 A 71280 B2024
and the Certification shall be filed, along with the original Resolution and the executed contract in the Office of the City Clerk.
4. The Contract is ratified from June 1, 2025, to the date of adoption of this Resolution by the Municipal Council.
4. The Deputy Mayor/Director of the Department of Economic and Housing Development shall file a copy of the executed Agreement, and the Certification of Funds in the Office of the City Clerk which shall be made available for public inspection.
5. There shall be no amendments or changes to the Agreement without approval of the Municipal Council
6. There shall be no advance payments against this Agreement 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 ten (10) days of the adoption of this Resolution.
STATEMENT
This Resolution ratifies and authorizes the Mayor of the City of Newark and/or his designees, the Deputy Mayor/Director of the Department of Economic and Housing Development, to enter into and execute an Agreement with KS Engineers, P.C., 2 Riverfront Plaza, 3rd Floor, Newark, New Jersey 07102, to provide Professional Engineering Support Services for Newark Pedestrianization Safe Street Project, in amount not to exceed One Million Seven Hundred Sixty-Three Thousand One Hundred and Sixty-Four Dollars and Zero Cents ($1,763,164.00), beginning of June 1, 2025 and terminating on December 31, 2026.