Title
Dept/ Agency: Engineering
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Professional Services Contract
Purpose: To provide construction management and inspection services for Ferry Street Intersection Safety Improvements Project.
Entity Name: KS Engineers, P.C.
Entity Address: 2 Riverfront Plaza, 3rd Floor, Newark, New Jersey 07102
Contract Amount: Not to exceed $1,006,993.56
Funding Source: 2024 Budget/Department of Engineering/NW051, G24, E24M0, A, 71280, B2024
Contract Period: 730 days from the issuance of a written Notice to Proceed
Contract Basis: ( ) Bid ( ) State Vendor (X) Prof. Ser. ( ) EUS
(X) Fair & Open ( ) No Reportable Contributions ( ) RFP ( ) RFQ
( ) Private Sale ( ) Grant ( ) Sub-recipient ( ) n/a
Additional Information:
This Resolution authorizes the City of Newark to enter into and execute a professional services contract with KS Engineers, P.C., for construction management and inspection services for the Ferry Street Intersection Safety Improvements Project.
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WHEREAS, the City’s Department of Engineering, Division of Traffic and Signals, is in need of Construction Management and Inspection Services relating to the Ferry Street Intersection Safety Improvements Federal Project; and
WHEREAS, Federal Highway Administration (FHWA) provides opportunities for Local Agencies, such as the City of Newark (the “City”), to receive Federal Aid Highway Program Funds (FAHP or Federal Aid) through New Jersey Department of Transportation (NJDOT) and North Jersey Transportation Planning Authority (NJTPA); and
WHEREAS, the City was notified on February 25, 2016, by NJTPA that the City had been approved for grant funding through the FY 2016-2017 Local Safety High-Risk Rural Roads Program for the Ferry Street Pedestrian Safety Corridor Improvements project, further named Ferry Street Intersection Safety Improvements project; and
WHEREAS, the City of Newark, a “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 January 24, 2023, January 31, 2023 and February 7, 2023 for the Ferry Street Intersection Safety Improvements Project, Construction Management and Inspection Services; and
WHEREAS, on February 22, 2023, one (1) firm, KS Engineers P.C., submitted their response to the Request for Proposals (RFP); and
WHEREAS, after carefully reviewing the proposal, the selection committee of personnel from the Department of Engineering, Division of Traffic and Signals and North Jersey Transportation Planning Authority (NJTPA) unanimously selected KS Engineers, P.C., located at 2 Riverfront Plaza, 3rd Floor, Newark, New Jersey 07102, for the Ferry Street Intersection Safety Improvements 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 August 22, 2023, that it has authorized funding for Construction Management and Inspection Services for the Ferry Street Intersection Safety Improvements project in the amount not to exceed One Million Six Thousand Nine Hundred Ninety-Three Dollars and Fifty-Six Cents ($1,006,993.56); and
WHEREAS, the Acting Director of the Department of Engineering desires to accept the proposal submitted by KS Engineers, P.C., located at 2 Riverfront Plaza, 3rd Floor, Newark, New Jersey 07102, for the Ferry Street Intersection Safety Improvements Project, Construction Management and Inspection Services, in the amount not to exceed One Million Six Thousand Nine Hundred Ninety-Three Dollars and Fifty-Six Cents ($1,006,993.56) and;
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 February 22, 2023 and cost proposal dated February 22, 2023, submitted by KS Engineers, P.C., located at 2 Riverfront Plaza, 3rd Floor, Newark, New Jersey 07102 and enter into and execute Contract #2024-03PS for the Ferry Street Intersection Safety Improvements Project, Construction Management and Inspection Services, in the amount not to exceed One Million Six Thousand Nine Hundred Ninety-Three Dollars and Fifty-Six Cents ($1,006,993.56).
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 One Million Six Thousand Nine Hundred Ninety-Three Dollars and Fifty-Six Cents ($1,006,993.56) is provided as below: Business Unit NW051, Dept. G24, Div./Proj. E24M0, 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 (730) consecutive calendar days from the issue of a formal Notice to Proceed by the Acting Director of the Department of Engineering, which complies with the Local Public Contracts Law under N.J.S.A. 40A:11-15(9).
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 February 22, 2023, submitted by KS Engineers, P.C., located at 2 Riverfront Plaza, 3rd Floor, Newark, New Jersey 07102 and enter into and execute Contract #2024-03PS for the Ferry Street Intersection Safety Improvements Project, Construction Management and Inspection Services, in the amount not to exceed $1,006,993.56 for a period of (730) consecutive calendar days from the issuance of a formal Notice to Proceed by the Acting Director of the Department of Engineering.