Title
Dept/ Agency: Engineering
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Professional Services Contract
Purpose: To prepare the Engineering Design Assistance Services for preliminary engineering services, Final Design (FD) services and handle Construction Engineering Support (CE) services for the proposed City of Newark Safe Routes to Schools Program.
Entity Name: NV5, Inc.
Entity Address: 800 Lanidex Plaza, Suite 300, Parsippany, New Jersey 07054
Contract Amount: Not to exceed $396,900.68
Funding Source: Federal Highway Administration (FHWA)/New Jersey Department of Transportation (NJDOT)
Contract Period: One (1) year from the date of the issuance of a written to Notice to Proceed issued by the Acting Director of the Department of Engineering and/or her designee or until completion of construction
Contract Basis: ( ) Bid ( ) State Vendor (X) Prof. Ser. ( ) EUS
( ) Fair & Open ( ) No Reportable Contributions ( ) RFP ( ) RFQ
( ) Private Sale ( ) Grant ( ) Sub-recipient ( ) n/a
Additional Information:
body
WHEREAS, the City’s Department of Engineering, Division of Traffic and Signals, is in need of professional services to prepare the preliminary engineering services, Final Design (FD) services and handle Construction Engineering Support (CE) services for the proposed City of Newark Safe Routes to Schools Design Assistance Program; and
WHEREAS, on October 11, 2019, the New Jersey Department of Transportation (“NJDOT”) announced the launch of a new Federal Highway Administration (FHWA) Safe Routes to Schools Design Assistance Program, providing consultant engineering services through a quality based selection process to assist the City with development of plans, specifications, and estimates (“PS&E”) for the 2018 Newark Safe Routes to School Program; 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, NJDOT has established a pool of engineering design consultants through a quality based selection process. This pool can aid Local Public Agencies (“LPAs”) in the project delivery process by reducing the time required to procure professional services, ensure the consultant selection process is compliant with federal Brooks Act requirements, and provides the LPAs with prequalified experienced designers to aid in the development of PS&E submissions for the Project. The current consultant pool includes Arora and Associates, P.C, Greenman Pederson, Inc., and the NV5 Group; and
WHEREAS, City of Newark, “Local Public Agency” which receives Federal aid funds, are responsible for administering their projects and meeting all federal aid requirements; and
WHEREAS, on December 18, 2019, December 19, 2019, and January 7, 2020, a Selection Committee of personnel from the Department of Engineering, Division of Traffic and Signals, interviewed three (3) consulting engineering firms provided by New Jersey Department of Transportation through the quality based selection process; and
WHEREAS, on January 29, 2020, the Selection Committee of personnel from the Department of Engineering, Division of Traffic and Signals, unanimously selected NV5, Inc., 800 Lanidex Plaza, Suite 300, Parsippany, New Jersey 07054 based on Quality and Presentation of the Proposal, Project Understanding, Complexity, Proximity of the firm and Overall Project Team Experience, and on the same day, January 29, 2020, the Department of Engineering, Division of Traffic and Signals, submitted their selection to the NJDOT for review and approval; and
WHEREAS, the City of Newark (the “City”) received notice on October 27, 2020 from the NJDOT (a copy of the NJDOT authorization letter is attached) that it is authorized to enter into an agreement with NV5, Inc., for the City of Newark Safe Routes to Schools - Design Assistance Program; and
WHEREAS, the City wishes to enter into a contract with NV5, Inc., to provide engineering Design Assistance Services for preliminary engineering services, Final Design (FD) services and handle Construction Engineering Support (CE) services for the proposed City of Newark Safe Routes to Schools, in the amount not to exceed Three Hundred Ninety-Six Thousand Nine Hundred Dollars and Sixty-Eight Cents ($396,900.68); 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.
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 authorized on behalf of the City of Newark, to enter into and execute a Professional Service Contract with NV5, Inc., 800 Lanidex Plaza, Suite 300, Parsippany, New Jersey 07054, to prepare the preliminary engineering services, Final Design (FD) services and handle Construction Engineering Support (CE) services for the proposed City of Newark Safe Routes to Schools - Design Assistance Program with Contract #2021-05 PS, in an amount not to exceed Three Hundred Ninety-Six Thousand Nine Hundred Dollars and Sixty-Eight Cents ($396,900.68).
2. The term of this contract shall be for a period of one (1) year from the date of a written to Notice to Proceed issued by the Acting Director of the Department of Engineering and/or her designee or until completion of construction.
3. This contract is being awarded pursuant to 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
4. Attached hereto is a Certification of Funds, issued by the City’s Chief Financial Officer, which states: (1) that there are available sufficient legally appropriated funds in the amount of Three Hundred Ninety Six Thousand Nine Hundred Dollars and Sixty-Eight Cents ($396,900.68) for the purposes set forth herein, and the line appropriation of the Official Budget, which shall be charged is as follows:
|
Business Unit |
Dept. |
Div./Proj. |
Account# |
Budget Yr. |
Amount |
|
051 |
G22 |
E22C0 |
71280 |
B2022 |
$396,900.68 |
5. There shall be no amendments or changes to this contract without prior approval of the Municipal Council and there shall be no advance payments made against this contract in accordance with N.J.S.A. 40A:5-16.
6. A copy of the executed agreement herein authorized shall be filed in the Office of the City Clerk by the Acting Director of the Department of Engineering and shall be made available for public inspection.
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 authorizes the Mayor of City of Newark and/or his designee, the Acting Director of the Department of Engineering, to enter into And execute a Professional Service Contract with NV5, Inc., 800 Lanidex Plaza, Suite 300, Parsippany, New Jersey 07054, to prepare the preliminary engineering services, Final Design (FD) services and handle Construction Engineering Support (CE) services for the proposed City of Newark Safe Routes to Schools - Design Assistance Program with Contract #2021-05 PS, in an amount not to exceed $396,900.68, for the period of (1) year from the date of a written to Notice to Proceed issued by the Acting Director of the Department of Engineering and/or her designee or until completion of construction.