Title
Dept/ Agency: Engineering
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Professional Services Contract
Purpose: Professional Engineering Services for Newark Downtown Circulation Improvement Study Professional Services Project
Entity Name: Sam Schwartz Consulting, LLC
Entity Address: 30 Montgomery Street, Suite 1340, Jersey City, New Jersey 07302
Contract Amount: Amount not to exceed $279,989.95
Funding Source: Federal /NJTPA
Contract Period: 365 consecutive calendar days from the issuance of a formal Notice to Proceed
Contract Basis: ( ) Bid ( ) State Vendor (X) Prof. Ser. ( ) EUS
(X) Fair & Open ( ) No Reportable Contributions (X) RFP ( ) RFQ
( ) Private Sale (X) Grant ( ) Sub-recipient ( ) n/a
Addition Information:
body
WHEREAS, the City of Newark, Department of Engineering, Division of Traffic and Signals, is in need of professional services relating to the Newark Downtown Circulation Improvement Study Project; and
WHEREAS, the professional engineering services required are exempt from public bidding pursuant to the Local Public Contracts Law, N.J.S.A. 40A:11-5 (1)(a)(i); and
WHEREAS, pursuant to the fair and open process of the State of New Jersey Pay to Play Law, N.J.S.A. 19:44A-20.5, the City of Newark, Department of Engineering, Division of Traffic and Signals, publicly advertised a Request for Proposal (RFP) on January 14, 2016, January 21, 2016 and January 28, 2016, for the Newark Downtown Circulation Improvement Study Professional Services Project; and
WHEREAS, on February 18, 2016, two (2) firms submitted their responses to the Request for Proposal (RFP); and
WHEREAS, a selection committee of personnel from the Department of Engineering, New Jersey Department of Transportation and the North Jersey Transportation Planning Authority, evaluated the two (2) proposals received, and selected Sam Schwartz Consulting, LLC, 30 Montgomery Street, Suite 1340, Jersey City, New Jersey 07302, for the Newark Downtown Circulation Improvement Study Professional Services Project, because their proposal was unanimously selected by the selection committee for Quality and Presentation of the Proposal, Project Understanding, Overall Project Team Experience and deemed in the best interests of the City; and
WHEREAS, the Director of the Department of Engineering desires to accept the proposal submitted by Sam Schwartz Consulting, LLC, 30 Montgomery Street, Suite 1340, Jersey City, New Jersey 07302, for the Newark Downtown Circulation Improvement Study Professional Services Project in the amount not to exceed $279,989.95.
WHEREAS, 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, this 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, R.O. 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, 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 Director of the Department of Engineering, are hereby authorized on behalf of the City of Newark, to accept the proposal dated February 18, 2016 from, and execute a contract with, Sam Schwartz Consulting, LLC, 30 Montgomery Street, Suite 1340, Jersey City, New Jersey 07302, for Professional Engineering Services, for the Newark Downtown Circulation Improvement Study Professional Services Project, Contract No. 02-2016PS, in an amount not to exceed $279,989.95.
2. This contract is to be completed within a period of 365 consecutive calendar days from issuance of a formal Notice to Proceed by the Director of the Department of Engineering
3. Attached hereto is a Certification of Funds issued by the City of Newark, Director of Finance, which states that there are available sufficient legally appropriated funds for the purpose set forth hereinabove. A copy of the Certification of Funds issued shall be filed in the Office of the City Clerk by the Director of the Department of Engineering together with this resolution.
4. No changes to this contract are allowed without prior Municipal Council approval.
5. The Director of the Department of Engineering shall file a fully executed copy of the contract in the Office of the City Clerk and the same shall be made available for inspection.
6. 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, R.O. 2:4-22C.
7. There shall be no advance payments made against this contract in accordance with N.J.S.A. 40A:5-16.
8. Funds for this contract in the amount of $279,989.95 are provided as below:
Fund |
Dept. |
Project |
Account |
Budget Year |
NW051 |
G15 |
1E540 |
71280 |
B2015 |
9. 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 adoption of this Resolution.
STATEMENT
This resolution authorizes the Mayor and/or his designee, the Director of the Department of Engineering, on behalf of the City of Newark, to accept the proposal dated February 18, 2016 from, and execute a contract with, Sam Schwartz Consulting, LLC, 30 Montgomery Street, Suite 1340, Jersey City, New Jersey 07302, for Professional Engineering Services, for the Newark Downtown Circulation Improvement Study Professional Services Project, Contract No. 02-2016PS, for an amount not to exceed $279,989.95.