Resolution of the City of Jersey City, N.J.
File No.
Agenda No.
Approved:
Res. 20-748 10.23 Oct 21 2020
RESOLUTION AUTHORIZING THE AWARD OF A PROFESSIONAL SERVICES CONTRACT TO ACME HERITAGE CONSULTANTS IN CONNECTION WITH ARCHAEOLOGICAL CONSULTING SERVICES FOR THE RESERVOIR #3 - SITE SAFETY IMPROVEMENTS, PROJECT NO. 2019-007 FOR THE DEPARTMENT OF ADMINISTRATION, DIVISION OF ARCHITECTURE
COUNCIL offered and moved adoption of the following resolution:
WHEREAS, Reservoir #3 – Site Safety Improvements project was awarded to Cypreco Industries Inc. General Contractor on September 10, 2020; Res. 20-637; and
WHEREAS, the City of Jersey City (City) requires the services of an archaeological consulting firm to provide an archaeological monitoring plan, archaeological monitoring during construction and provide reports of its findings at the construction project; and
WHEREAS, Reservoir #3 is a historic site and the services of an archaeological consultant is required by the State Historic Preservation Office (SHPO); and
WHEREAS, the City’s Director of Architecture has determined and certified in writing that the value of the contract will exceed $17,500.00; and
WHEREAS, the City is acquiring these services directly and openly as a statutorily permitted contract pursuant to the provisions of N.J.S.A. 19:44A-20.4 et seq. (Pay to Play Law); and
WHEREAS, ACME Heritage Consultants, 14 Kilmer Road, Larchmont, New York 10538 possesses the necessary qualifi-cations to undertake this project and has submitted the attached proposal dated September 25, 2020 to provide services for a sum not to exceed $23,460.00; and
WHEREAS, ACME Heritage Consultants has submitted its Certification of Compliance with the City's Contractor Pay-to- Play Reform Ordinance 08-128 adopted on September 3, 2008; and
WHEREAS, ACME Heritage Consultants has completed and submitted a Business Entity Disclosure Certification which certified that ACME Heritage Consultants has not made any reportable contributions to the political or candidate committees listed in the Business Entity Disclosure Certification in the previous one year and that the contract will prohibit ACME Heritage Consultants from making any reportable contributions during the term of the contract; and
WHEREAS, ACME Heritage Consultants submitted a Chapter 271 Political Contribution Disclosure Certification; and
WHEREAS, these funds are available for this expenditure from Capital Parks Improvements Account:
04-215-55-141-990 P.O. No. 138901 $23,460.00
WHEREAS, pursuant to the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.) these services are professional services, which may be awarded without public bidding; and
WHEREAS, the Resolution authorizing the award and the agreement itself must be available for public inspection.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF JERSEY CITY AS FOLLOWS:
1. The Mayor or Business Administrator is authorized to execute a professional services agreement in substantially the form of the attached with the firm of ACME Heritage Consultants for a lump sum fee not to exceed TWENTY-THREE THOUSAND FOUR HUNDRED SIXTY AND 00/100 DOLLARS ($23,460.00) for the contract period of twelve (12) months;
Res. 20-748 Approved: October 21 2020
Resolution authorizing the award of a professional services contract to ACME Heritage Consultants in connection with Archaeological Consulting Services for the Reservoir #3 - Site Safety Improvements, Project No. 2019-007 for the Department of Administration, Division of Architecture
2. This agreement is awarded without competitive bidding as a professional services agreement under the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.;
3. A copy of this Resolution will be published in a newspaper of general circulation within the City of Jersey City as required by law within ten (10) days of the adoption of this Resolution;
4. The Business Entity Disclosure Certification, Chapter 271 Political Contribution Disclosure Certification, Certification of Compliance with the City's Contractor Pay to Play Reform Ordinance, and the Determination of Value Certification, attached hereto, shall be placed on file with this resolution;
5. The award of this contract shall be subject to the condition that ACME Heritage Consultants provides satisfactory evidence of compliance with the Affirmative Action Amendments to the Law Against Discrimination, N.J.S.A. 10:5-31 et-seq.
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Res. 20-748 Approved: October 21 2020
Resolution authorizing the award of a professional services contract to ACME Heritage Consultants in connection with Archaeological Consulting Services for the Reservoir #3 - Site Safety Improvements, Project No. 2019-007 for the Department of Administration, Division of Architecture
I,_______________ Elizabeth Castillo, Chief Financial Officer, hereby certify that there are sufficient funds for the payment of this resolution in the amount of $23,460.00, in account number 04-215-55-141-990;
PO# 138901.
APPROVED AS TO LEGAL FORM
Business Administrator Corporation Counsel
☐ Certification Required
RECORD OF COUNCIL VOTE – Oct 21 8-1
AYE NAY N.V. Absent AYE NAY N.V. Absent AYE NAY N.V. Absent N.V. –
RIDLEY ✓ SALEH ✓ LAVARRO ✓ (Abstain)
PRINZ-AREY ✓ SOLOMON ✓ RIVERA ✓
BOGGIANO ✓ ROBINSON ✓ WATTERMAN,
PRES ✓
Adopted at a meeting of the Municipal Council of the City of Jersey.
Joyce E. Watterman, President of Council Sean J. Gallagher, City Clerk
Page 3 of 45
Res. 20-748 Approved: October 21 2020
Resolution authorizing the award of a professional services contract to ACME Heritage Consultants in connection with Archaeological Consulting Services for the Reservoir #3 - Site Safety Improvements, Project No. 2019-007 for the Department of Administration, Division of Architecture
RESOLUTION FACT SHEET -
This summary sheet is to be attached to the front of any resolution that is submitted for Council consideration. Incomplete or vague fact sheets will be returned with the resolution.
Project Manager
Brian Weller, Director, Architecture 201-547-4625 wellerb@jcnj.org Division Division of Architecture
Note: Project Manager must be available by phone during agenda meeting (Wednesday prior to council meeting @ 1:00 p.m.)
Purpose
The services of a professional archaeologist consulting firm is needed to provide an archaeological monitoring plan, archaeological monitoring during construction and provide reports of its findings at the duration of the construction project for the Reservoir No. 3 – Safety Improvements.
Contract term (include all) Twelve (12) months
Type of award: Non-Fair and Open ATTACHMENTS:
Memo to Council - ACME Heritage
Determination of Value Certification - AMCE Heritage Req. 0194471 - ACME Heritage
Proposed Agreement - ACME Heritage
Approved by Status:
Brian Weller, Director, Architecture Approved - Oct 01 2020
Melissa Kozakiewicz, Assistant Business Administrator Approved - Oct 01 2020
Gregory Corrado, Asst. Business Administrator None
John McKinney, Attorney None
Peter Baker, Corporation Counsel None
Amy Forman, Attorney None
Nick Strasser, Attorney None
Norma Garcia, Attorney None
Ray Reddington, Attorney None
Jeremy Jacobsen, Attorney Approved - Oct 02 2020
Sapana Shah, Attorney None
Jeana Abuan, Public Agency Compliance Officer Approved - Oct 02 2020
Soraya Hebron, Diversity and Inclusion Approved - Oct 05 2020
Raquel Tosado, Assistant Purchasing Agent None
Patricia Vega, Assistant Purchasing Agent None
Patrice Lambert, Purchasing Approved - Oct 08 2020
Elizabeth Castillo, Chief Financial Officer Approved - Oct 08 2020
Brian Platt, Business Administrator Approved - Oct 09 2020
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CITYOF JERSEYCITY
DEPARTMENTOFADMINISTRATION DIVISIONOFARCHITECTURE
MUNICIPALSERVICESCOMPLEX|13-15LINDENAVE.EAST]JERSEYc/rv. NJ 07305 P2015475900
STEVENM.FULOP BRIAND.PLATT
MAYOROFJERSEVCITV BUSINESSNDMINISTRATOR
MEMORANDUM
DATE
2 October 1,2020TO
2 Joyce E. Watterman, Council President and Members of the Municipal CouncilFROM
: Brian F. Weller, L.L.A., Director, Divisionof Architecture(bl)
SUBJECT
I Reservoir No. 3- Safety Improvements Project No. 2019-007Re: Archaeological Monitoring Services - ACME Heritage Consultants Attached for your consideration is the Resolution authorizing the award of a contract to ACME Heritage Consultants in connection with the Reservoir #3 — Safety Improvements project. ACME Heritage Consultants services include the following:
1. Archaeological Monitoring Plan
2. Archaeological Monitoring during Construction; and 3. Archaeological Report at the duration of the project
Please note that Reservoir #3 is a historic site, the services of an Archaeological Consultant is required bythe State Historic Preservation Office (SHPO).
Ifyou needany additional information, please donot hesitate to call.
ab
c: Raquel Y. Tosado, QPA, RPPS, Purchasing Agent
W - WWW.JERSEYClTYNJ.GOV
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DETERMINATION OF VALUE CERTIFICATION
Brian F. Weller, A.S.L.A, L.L.A. of full age, hereby certifies as follows:
1. I am the Chief Landscape Architect of the City of Jersey City (City) and have knowledge of the services needed for the Department of Administration, Division of Architecture.
2. The City requires the services of an archaeological consulting firm to provide an archaeological monitoring plan, archaeological monitoring during construction and provide an archaeological report at the duration of construction for Reservoir #3 - Safety Improvements Project (JCA Project # 2019- 007).
3. The City informally solicited quotations for these professional services.
4. ACME Heritage Consultants submitted a proposal in response to the City's request indicating that it will provide the necessary services for the sum of $23,460.00.
5. The Chief Landscape Architect's recommendation is to award the contract to ACME Heritage
Consultant.
6. The term of the contract is for a period of twelve (12) months, commencing with the date of the contract is executed by City officials.
7. The estimated amount of the contract exceeds $17,500.00.
8. This certification is made pursuant to N.J.S.A. 19:44A-20.5.
9. I certify that the foregoing statements are true. I am aware that if any of the foregoing statements
made by me are willfully false, I am subject to punishment.
Dated: /g ■ Zo
Brian F. Weller, A^.L.A, L.L.A., Director
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Requisition # 0194471
Vendor
ACME HERITAGE CONSULTANTS 14 KILMER ROAD
LARCHMONT NY 10538
CITY OF JERSEY CITY
394 CENTRAL AVE.
3RD FLOOR JERSEY CITY NJ 07307
Requisition
Dept. Bill To ARCHITECTURE
13-15 LINDEN AVE. EAST JERSEY CITY NJ 07305
Assigned PC #
Dept. Ship To ARCHITECTURE
13-15 LINDEN AVE. EAST JERSEY CITY NJ 07305
AC006459 Contact Info
BRIAN F. WELLER, DIRECTOR 2015475900
Quantity UOM Description Account Unit Price Total
1,00 1 RESERV[0R#3 04-215-55-141-990 23,460.00 23,460.00
RESERVOIR #3 - SITE SAFETY IMPROVEMENTS
(ARCHAEOLOGICAL CONSULTANT)
PROJECT NO. 2019-007
PROFESSIONAL SERVICES
Requisition Total 23,460.00
Req. Date: 09/30/2020 Requested By: AUDREY
Buyer Id:
Approved By:
This Is Not
Page 7 of 45
A Purchase OrderCITY OF JERSEY CITY
PROFESSIONAL SERVICES AGREEMENT
Agreement made this day of , 2020 between the CITY OF JERSEY CITY, a municipal corporation of the State of New Jersey, located at 280 Grove St., Jersey
City, New Jersey 07302 ("City") and ACME Heritage Consultants, 14 Kilmer Road,
Larehmont, New York, 10538 ("Partner" or "Consultant").WHEREAS, the City requires the services of consulting archaeological firm to provide an archaeological monitoring plan, archaeological monitoring during construction
and provide an archaeological report at the duration of construction in connection with the
Reservoir #3 - Site Safety Improvements ("Project");WHEREAS, the Consultant submitted a proposal dated September 25, 2020
("Consultant's Proposal"), in the amount of $23,460.00, attached hereto; and
WHEREAS, the City approved Resolution No. on
, 20 awarding a professional services contract to the Consultant;
NOW, THEREFORE, in consideration of the mutual promises and covenants set forth herein, the parties agree as follows:
i
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ARTICLE 1 Purpose of Agreement
The purpose of this agreement is for Consultant to provide the City with
professional services for the Reservoir #3 - Site Safety Improvements project, in particular to an archaeological monitoring plan, archaeological monitoring during construction and provide an archeological report at the duration of the project.
ARTICLE II Scope of Services
1. Consultant shall perform for the City all required professional services in accordance with this Agreement and Consultant's Proposal, which is attached hereto and incorporated herein by reference. This Agreement and Consultant's Proposal are intended to complement and supplement each other. In the event that there is a conflict or discrepancy between the provisions of this Agreement and the provisions of Consultant's Proposal, the provisions of this Agreement shall govern over the provisions of Consultant's Proposal.
2. Such described services shall be performed within a period of twelve (12)
months after execution of this Agreement, unless additional time is agreed to in writing by
the City.3. The scope of services to be performed shall not be materially different from, or more or less extensive, than those specified unless such modifications are produced in
writing and signed by authorized representatives of the City and Consultant. Anymodifications which increase the compensation of Consultant may require the prior authorization of the governing body of the City.
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ARTICLE 111 Contractual Relationship
4. In performing the services under this Agreement, Consultant shall operate and have status of an independent contractor and shall not act as an agent or employee of City. As an independent contractor, Consultant shall be solely responsible for determining the means and methods of performing the consulting services described in the Scope of
Services.
5. Consultant shall perform the services under this Agreement in a manner
consistent with that degree of care and skill ordinarily exercised by members of the same
profession currently practicing under similar circumstances.ARTICLE IV
Compensation and Payment
6. This is a fixed fee contract. Consultant shall provide all necessary materials, labor, equipment and facilities, and shall do all that is necessary or incidental to the satisfactory and timely performance of this Agreement for a fixed fee of Twenty-three Thousand Four Hundred Sixty ($23,460.00.) Consultant shall submit to the City monthly invoices showing the services performed and the charges therefore in proportion to the work completed as described in the Consultant's Proposal.
Every invoice from Consultant is deemed to be a certification by Consultant that all services reflected on the invoice are reasonable for the project involved and necessary for the proper provision of services to the City.
It is important to note that pursuant to N.J.S.A. 40A:5-16, the City is prohibited from paying for goods or services before they have been provided. A detailed scope of c must Invoices submitted to the City must be reviewed and approved by the City's Chief
