Title
Dept./ Agency: Economic and Housing Development
Action: (X) Ratifying (X) Authorizing (X) Amending
Type of Service: Professional Services Contract
Purpose: To correct the Agreement authorized by Resolution 7R2-l(AS) adopted on August 7, 2019 by the Municipal Council, but never fully executed, for Planning Consulting Services, for the preparation of a redevelopment plan for the Port Industrial Area.
Entity Name: Wallace Roberts & Todd, LLC
Entity Address: 1700 Market Street, Suite 2800, Philadelphia, Pennsylvania 19103
Contract Amount: Not to exceed $100,000.00
Funding Source: Community and Economic Development Fund
Contract Period: One (1) year from the date of the issuance of the Notice to Proceed - January 7, 2020 through January 6, 2021
Contract Basis: ( ) Bid ( ) State Vendor (X) Prof. Ser. ( ) EUS
( ) Fair & Open ( ) No Reportable Contributions ( X ) RFP () RFQ
( ) Private Sale ( ) Grant ( ) Sub-recipient ( ) n/a
Additional Information:
Original Resolution 7R2-l(AS) adopted on August 7, 2019 for a contract awarded in an amount not to exceed $100,000.00.
This amendment does not increase the contract amount awarded by Resolution 7R2-l(AS) adopted on August 7, 2019.
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WHEREAS, on May 14, 2019, the City of Newark, Department of Economic and Housing Development (the “City”) advertised a Request for Proposals (RFP) for Planning Consulting Services for the preparation of the City of Newark’s Port-Industrial Area Redevelopment Plan (the “Project”), in accordance with the requirements of Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq. (the “LPCL”); and
WHEREAS, Planning Consulting Services are “Professional Services” exempt from the public bidding requirements pursuant to the Local Public Contracts Law, N.J.S.A. 40A:11-5(1)(a)(i); and
WHEREAS, on August 7, 2019, the City of Newark, by Resolution 7R2-l (AS), adopted and awarded a contract to Wallace Roberts & Todd, LLC, 1700 Market Street, Suite 2800, Philadelphia, Pennsylvania 19103 (“WRT”), to provide Planning Consulting Services for the preparation of the City of Newark’s Port-Industrial Area Redevelopment Plan in an amount not to exceed One Hundred Thousand Dollars and Zero Cents ($100,000.00), for the period of one (1) year from the date of the issuance of the Notice to Proceed by the Director of the Department of Economic and Housing Development; and
WHEREAS, after the Municipal Council awarded the contract to WRT, and at execution stage, the City learned that the Scope of Services section of the contract contained language that should have been removed to accurately reflect the services that WRT would perform; and
WHEREAS, in the interest of time, on January 7, 2020, the Office of Planning and Zoning issued a verbal authorization to WRT to commence work on the redevelopment plan pending the correction of the Scope of Services, but without issuing a formal Notice to Proceed; and
WHEREAS, the Scope of Services has been changed to reflect that the WRT will not be performing its own independent data collection to generate reports, analyses and surveys, but will instead be relying on the City’s data to produce said deliverables; and
WHEREAS, the proposed changes still reflect the work and services requested by the City; and
WHEREAS, the Department of Economic and Housing Development wishes to correct the Agreement, approved by the Municipal Council, but never fully executed, by amending the Scope of Services and to have the Notice to Proceed, the contract start date, revert back to the date the Office of Planning and Zoning issued a verbal authorization to WRT to commence work.
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 Economic and Housing Development, are authorized to correct the Agreement, that was authorized by the Municipal Council on August 7, 2019 by Resolution 7R2-l(AS), but never fully executed, with Wallace Roberts & Todd LLC, 1700 Market Street, Suite 2800, Philadelphia, Pennsylvania 19103, for Planning Consulting Services for the preparation of the City of Newark’s Port-Industrial Area Redevelopment Plan.
2. The Director of the Department of Economic and Housing Development is authorized to correct the Scope of Services section of the Agreement and replace it with the description contained in Appendix A.
3. The January 7, 2020 verbal authorization by the Office of Planning and Zoning, is accepted as the Notice to Proceed and the contract start date, for the purposes of this contract only.
4. The contract is hereby ratified from January 7, 2020 to the date of the adoption of this authorizing resolution.
5. All other terms and conditions of the contract shall remain the same.
6. This Corrected Agreement to provide Planning Consulting Services for the preparation of the City of Newark’s Port-Industrial Area Redevelopment Plan 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, Newark, New Jersey, Municipal Code § 2:4-22C.
7. The Director of the Department of Economic and Housing Development shall file a copy of the executed Corrected and Amended Contract herein authorized in the Office of the City Clerk and same shall be made available for public inspection.
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 ratifies, amends, and authorizes the Mayor and/or his designee, the Director of the Department of Economic and Housing Development, to correct the Agreement, that was authorized by the Municipal Council on August 7, 2019 by Resolution 7R2-l (AS), but never fully executed, with Wallace Roberts & Todd LLC, 1700 Market Street, Suite 2800, Philadelphia, Pennsylvania 19103, for Planning Consulting Services for the preparation of the City of Newark’s Port-Industrial Area Redevelopment Plan. The resolution also allows the Director to accept the January 7, 2020 verbal authorization by the Office of Planning and Zoning, as the Notice to Proceed and the contract start date. This correction does not change the contract award amount, not to exceed $100,000.00, for a one (1) year term which is January 7, 2020 through January 6, 2021.