Title
Dept/ Agency: Engineering
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Professional Services Contract
Purpose: To provide construction management and inspection services for the Ironbound Roundabout Safety Improvements Federal Project.
Entity Name: Colliers Engineering and Design, Inc.
Entity Address: 331 Newman Spring Road, Suite 203, Red Bank, New Jersey 07701
Contract Amount: Not to exceed $265,355.13
Funding Source: 2024 Budget/Department of Engineering/NW051, G24, E24H0, A, 71280, B2024
Contract Period: 365 consecutive calendar days from the issuance of a formal Notice to Proceed by the Acting Director of the Department of Engineering
Contract Basis: ( ) Bid ( ) State Vendor ( ) Prof. Ser. ( ) EUS
(X) Fair & Open ( ) No Reportable Contributions (X) RFP ( ) RFQ
( ) Private Sale ( ) Grant ( ) Sub-recipient ( ) n/a
Addition Information:
Federal Highway Administration funds are procured and administered by the City of Newark in accordance with 49 CFR Part 18 - Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Government.
The City of Newark follows the competitive negotiation/qualification requirements defined by the Brooks Act, 40 U.S.C. § 1101 et seq.
body
WHEREAS, the City’s Department of Engineering, Division of Traffic and Signals, is in need of Construction Management and Inspection Services relating to the Newark Ironbound Roundabout Safety Improvements Federal Project; and
WHEREAS, the Federal Highway Administration (FHWA) provides opportunities for Local Agencies, such as the City of Newark (the “City”), to receive Federal Aid Highway Program funding (FAHP or Federal Aid) through the New Jersey Department of Transportation (NJDOT) and North Jersey Transportation Planning Authority (NJTPA); and
WHEREAS, the City was notified on October 13, 2016, by the North Jersey Transportation Planning Authority (NJTPA) that the City was eligible to use Federal Highway Safety Improvement Program (HSIP) funds for construction management and inspection services for the Pilot Roundabout Program for the Intersection at Chestnut Street, Elm Road, Gotthard Street, Backus Street, Wheeler Point Road and Denbigh Street in the City of Newark, further named Newark Ironbound Roundabout Safety Improvements Project; and
WHEREAS, City of Newark, “Local Public Agency” which receives federal aid funds, is responsible for administering its projects and meeting all federal aid requirements; and
WHEREAS, all contracts for engineering and design services related to construction projects will comply with the requirements of 23 U.S.C. § 112 and 23 CFR 172, which allows for competitive negotiations; and
WHEREAS, consultant services funded wholly or partially with FHWA funds are procured and administered by the City in accordance with 49 CFR Part 18 - Uniform Administrative Requirements for Grants and Cooperative Agreements; to State and Local Government, and the City follows the competitive negotiation/qualification requirements defined by the Brooks Act 40 U.S.C. § 1101 et seq.; and
WHEREAS, applicable Federal laws and regulations do not permit any State or local requirements that limit competition, except those related directly to the qualifications of consulting firms to perform the work in a competent and responsible manner; and
WHEREAS, the City, publicly advertised a Request for Proposals (RFP) on February 28, 2023, March 7, 2023 and March 14, 2023 for the Newark Ironbound Roundabout Project, Construction Management and Inspection Services; and
WHEREAS, on March 28, 2023, three (3) firms (T&M Engineers, Colliers Engineering & Design, Inc. and KSE Engineering) submitted their responses to the Request for Proposals (RFP); and
WHEREAS, after carefully reviewing the three (3) proposals, the Selection Committee of Personnel from the Department of Engineering, Division of Traffic and Signals and North Jersey Transportation Planning Authority (NJTPA) unanimously selected Colliers Engineering and Design, 331 Newman Spring Rd., Suite 203, Red Bank, New Jersey 07701, for the Newark Ironbound Roundabout Project, Construction Management and Inspection Services because their proposal was found to fulfill the requirements of the Request for Proposals (RFP), showed project understanding and meets all project team experience requirements; and
WHEREAS, the City was notified by the Federal Highway Administration (FHWA) on September 11, 2023, that it has authorized funding for the Newark Ironbound Roundabout Project, Construction Management and Inspection Services, in the amount not to exceed Two Hundred Sixty-Five Thousand Three Hundred Fifty-Five Dollars and Thirteen Cents ($265,355.13); and
WHEREAS, the Acting Director of the Department of Engineering desires to accept the Proposal submitted by Colliers Engineering and Design, Inc., for the Newark Ironbound Roundabout Project, Construction Management and Inspection Services, in the amount not to exceed Two Hundred Sixty-Five Thousand Three Hundred Fifty-Five Dollars and Thirteen Cents ($265,355.13).
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 Acting Director of the Department of Engineering, are hereby authorized on behalf of the City of Newark, to accept the technical proposal dated March 28, 2023 and Cost Proposal dated May 31, 2023, submitted by Colliers Engineering and Design, Inc., 331 Newman Spring Rd., Suite 203, Red Bank, New Jersey 07701 and enter into and execute Contract #2024-02PS for the Newark Ironbound Roundabout Project, Construction Management and Inspection Services, in the amount not to exceed Two Hundred Sixty-Five Thousand Three Hundred Fifty-Five Dollars and Thirteen Cents ($265,355.13).
2. Attached hereto is a Certification of Funds issued by the City’s Chief Financial Officer, which states that there are available sufficient legally appropriated funds for the purpose set forth hereinabove. Funds for this contract in the amount of Two Hundred Sixty-Five Thousand Three Hundred Fifty-Five Dollars and Thirteen Cents ($265,355.13) is provided as below: Business Unit NW051, Dept. G24, Div. /Proj. E24H0, Activity A, Account # 71280, Budget Ref. B2024.
3. A copy of the Certification of Funds shall be filed in the Office of the City Clerk by the Acting Director of the Department of Engineering.
4. No changes to this contract are allowed without prior Municipal Council approval.
5. A fully executed copy of the contract shall be filed in the Office of the City Clerk by the Acting Director of the Department of Engineering and made available for inspection.
6. This contract is to be completed within a period of 365 consecutive calendar days from the issue of a formal Notice to Proceed by the Acting Director of the Department of Engineering.
7. Federal Highway Administration funds are procured and administered by the City in accordance with 49 CFR Part 18 - Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Government, and the City follows the competitive negotiation/qualification requirements defined by the Brooks Act 40 U.S.C. § 1101 et seq.
8. There shall be no advance payments made against this contract in accordance with N.J.S.A. 40A:5-16.
9. A Notice of this action shall be published in the newspaper authorized by law to publish legal advertisements and as required by law within ten (10) days of adoption of this Resolution.
STATEMENT
This Resolution authorizes the Mayor of the City of Newark and/or his designee, the Acting Director of the Department of Engineering, on behalf of the City of Newark, to accept the technical proposal dated March 28, 2023, submitted by Colliers Engineering and Design, Inc., 331 Newman Spring Rd., Suite 203, Red Bank, New Jersey 07701 and enter into and execute Contract #2024-02PS for the Newark Ironbound Roundabout Project, Construction Management and Inspection Services, in the amount not to exceed $265,355.13 for a period of 365 consecutive calendar days from the issuance of a formal Notice to Proceed by the Acting Director of the Department of Engineering.