Title
Dept./ Agency: Administration/Office of the Business Administrator
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
Purpose: To provide the services of a Municipal Engineer.
Entity Name: KS Engineers, P.C.
Entity Address: 2 Riverfront Plaza, McCarter Highway, Newark, New Jersey 07102
Additional Entity Name: T&M Associates
Entity Address: 11 Tindall Road, Middletown, New Jersey 07748
Contract Amount: Not to exceed $100,000.00
Funding Source: 2024 Budget/Department of Engineering/Business Unit: NW011, Dept. 110, Div./Proj. 1101, Activity A, Account #71280, Budget Ref. B2024
Contract Period: July 1, 2024 through June 30, 2025
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:
To provide services of a Municipal Engineer, including, but not limited to, assisting the municipality in the administration and operation of the roads, parks, municipal buildings, water and sewer systems, as well as to provide general engineering assistance to all City Departments.
A Partial Certification of Funds in the amount of $50,000.00 is attached.
body
WHEREAS, the City of Newark (the “City”) is a duly constituted municipal corporation at 920 Broad Street, Newark, New Jersey 07102; and
WHEREAS, N.J.S.A. 40A:11-5(1)(a)(i) empowers the Governing Body and its autonomous agencies to award contracts for Professional Services without competitive bidding; and
WHEREAS, the City is in need of Professional Services to provide the services of a Municipal Engineer and assist the municipality in the administration and operation of the roads, parks, municipal buildings, water and sewer systems, as well as to provide general assistance to all City Departments; and
WHEREAS, the City is interested in retaining the professional services of KS Engineers P.C. (“KSE”), 2 Riverfront Plaza, McCarter Highway, Newark, New Jersey 07102, with sub-consultant, T&M Associates, 11 Tindall Road, Middletown, New Jersey 07748, to provide the services mentioned above; and
WHEREAS, KSE and T&M Associates have completed and submitted Business Entity Disclosure Certifications, which certifies that KSE and T&M Associates have not made any reportable contributions to a political or candidate committee in the City of Newark in the previous one (1) year, and that the contract will prohibit KSE and T&M Associates from making any reportable contributions through the term of the contract; and
WHEREAS, pursuant to N.J.S.A. 40A:11-15, this contract will be for a term of one (1) year for the period of July 1, 2024 through June 30, 2025, for an amount not to exceed One Hundred Thousand Dollars and Zero Cents ($100,000.00); and
WHEREAS, this contract is not awarded through a Fair and Open Process as set forth at N.J.S.A. 19:44A-20.4 et seq. and there have not been any political contributions made to any representative of the City that would preclude KSE and T&M Associates from providing the requested professional services.
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 Business Administrator and/or the Director of the Department of Engineering, to enter into and execute an Agreement with KS Engineers, P.C. for one (1) year and to authorize the use of a sub-consultant, T&M Associates, 11 Tindall Road, Middletown, New Jersey, 07748, to provide the services of a Municipal Engineer, including, but not limited to assisting the municipality in the administration and operation of the roads, parks, municipal buildings, water and sewer systems, as well as to provide general engineering assistance to all City Departments in amount not to exceed One Hundred Thousand Dollars and Zero Cents ($100,000.00) for (1) year for the period of July 1, 2024 through June 30, 2025.
2. Pursuant to N.J.A.C. 5:30-5.5(a), Temporary Budget, attached is the Chief Finance Officer’s Certification, which states partial available funds in the amount Fifty Thousand Dollars and Zero Cents ($50,000.00), are available in the 2024 Temporary Budget, the balance to be provided in the 2024 Adopted Budget. The Certification shall be filed, along with the original Resolution and the executed contract in the Office of the City Clerk.
3. A copy of the executed Agreement to provide Municipal Engineering services herein authorized shall be filed in the Office of the City Clerk by the Corporation Counsel and shall be made available for public inspection.
4. The contract is awarded as a Non-Fair and Open Contract, pursuant to N.J.S.A. 19:44A-20.5. KS Engineers P.C. and T&M Associates have completed and submitted Business Entity Disclosure Certifications, which shall be placed on file with the Resolution in the Office of the City Clerk, certifying that they have not made any reportable contributions to a political or a candidate committee in the City of Newark in the previous one (1) year, and the contract will prohibit both business entities from making reportable contributions throughout the term of the contract.
6. The Director of the Department of Engineering shall file a copy of the executed agreement in the Office of the City Clerk which shall be made available for public inspection.
7. There shall be no amendments or changes to this contract without approval of the Municipal Council and there shall be no advance payments on this contract in accordance with N.J.S.A. 40A:5-16.
8. 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 the City of Newark and/or his designees, the Business Administrator and/or the Director of the Department of Engineering, to enter into and execute an Agreement with KS Engineers, P.C., 2 Riverfront Plaza, McCarter Highway, Newark, New Jersey 07102, to provide the services of a Municipal Engineer and further authorizes the use of a sub-consultant, T&M Associates, 11 Tindall Road, Middletown, New Jersey 07748, in amount not to exceed $100,000.00, for the period of July 1, 2024 through June 30, 2025.