Title
Dept./ Agency: Economic and Housing Development
Action: (X) Ratifying (X) Authorizing ( ) Amending
Type of Service: Professional Services Contract
Purpose: To provide Professional Planning Consultant Services for the preparation of a redevelopment plan for the Port Industrial Area.
Entity Name: Wallace Roberts and Todd, LLC
Entity Address: 1700 Market Street, Suite 2800, Philadelphia, Pennsylvania 19103
Contract Amount: Not to exceed $40,935.59
Funding Source: Community and Economic Development Funds
Contract Period: January 7, 2021 through January 6, 2022
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:
Resolution 7R2-l (AS) adopted on August 7, 2019 authorized a Fair and Open Contract in an amount not to exceed $100,000.00.
Resolution 7R2-a adopted on July 8, 2020 amended Resolution 7R2-l (AS) adopted on August 7, 2019 to correct the Agreement.
This Resolution seeks to enter into a new Non-Fair and Open Contract.
body
WHEREAS, the City of Newark (the “City”), has a need to acquire Professional Planning Consulting Services for the preparation of the City of Newark’s Port-Industrial Area Redevelopment Plan; and
WHEREAS, Professional Planning Consulting Services, are exempt from the requirement for public bidding, pursuant to Local Public Contracts Law, N.J.S.A. 40A:11-5(1)(a)(i); and
WHEREAS, the Department of Economic and Housing Development previously awarded a Fair-and-Open Contract to Wallace Roberts and Todd, LLC, 1700 Market Street, Suite 2800, Philadelphia, Pennsylvania 19103, (“WRT”) to provide said Professional Planning Consulting Services for the preparation of the City of Newark’s Port-Industrial Area Redevelopment Plan, for a period of one (1) year from the date of the issuance of a Notice to Proceed by the Deputy Mayor/Director of the Department of Economic and Housing Development, for an amount not to exceed One Hundred thousand Dollars and Zero Cents ($100,000.00); and
WHEREAS, on January 7, 2020, the Department of Economic and Housing Development, Office of Planning and Zoning issued WRT a notice to proceed with the preparation of the City of Newark’s Port-Industrial Area Redevelopment Plan; and
WHEREAS, WRT was not able to complete the City of Newark’s Port-Industrial Area Redevelopment Plan by the expiration of the contract so the Department of Economic and Housing Development wishes to enter into a new Non-Fair-and-Open Contract with WRT for the period of January 7, 2021 until January 7, 2022, for an amount not to exceed Forty Thousand Nine Hundred Thirty-Five Thousand and Fifty-Nine Cents ($40,935.59), so that WRT can complete the Redevelopment Plan; and
WHEREAS, this Contract is awarded without competitive bidding as an exception to public bidding, pursuant to N.J.S.A. 40A:11-5(1)(a)(i), professional services and the actions contemplated by this Resolution shall result in the award of a Non-Fair and Open Contract in accordance with N.J.S.A. 19:44A-20.5; and
WHEREAS, Local Public Contracts Law (N.J.S.A. 40A:11-1, et seq.) requires a resolution of the Governing Body authorizing the award of contracts for Professional Services and further requires that the contract itself must be available for public inspection; and
WHEREAS, pursuant to N.J.S.A. 19:44A-1 et seq., WRT has completed and submitted a Business Entity Disclosure Certificate, which shall be placed on file with the Resolution in the Office of the City Clerk, certifying that WRT has not made any reportable contributions to a political or a candidate committee in the City of Newark in the previous one (1) year through the term of the expiration date of the contract; and
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 public bidding must be published in a local newspaper; and
WHEREAS, the Municipal Council adopted New Jersey Municipal Code § 2:4-22C.1, which adopted the State of New Jersey's Pay-to-Play statutory requirements pursuant to N.J.S.A. 19:44A-20.5, as may be amended and supplemented, governing eligibility for municipal contracts.
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 Deputy Mayor/Director of the Department of Economic and Housing Development, are hereby authorized and directed on behalf of the City of Newark (the “City”) to enter into and execute a Professional Services Agreement with Wallace Roberts and Todd, LLC, 1700 Market Street, Suite 2800, Philadelphia, Pennsylvania 19103, (“WRT”) for the preparation of the City of Newark’s Port-Industrial Area Redevelopment Plan for the period of January 7, 2021 until January 6, 2022, for an amount not to exceed Forty Thousand Nine Hundred Thirty-Five Thousand and Fifty-Nine Cents ($40,935.59).
2. The Resolution ratifies the contract from January 7, 2021 through the date of the adoption of this Resolution.
3. This contract is awarded without competitive bidding as an exception to public bidding pursuant to the provisions of the Local Public Contracts Law, N.J.S.A. 40A:11-5(1)(a)(i); pursuant to the Non-Fair and Open Procedures of the State Pay-to-Play Law, N.J.S.A. 19:44A-20.5, and the Business Entity has certified that it has not made or solicited a contribution in violation of the Contractor Pay-to-Play Reform Ordinance 2:4-22C.
4. Pursuant to N.J.S.A. 19:44A-1 et seq., WRT, has completed and submitted a Business Entity Disclosure Certificate, which shall be placed on file with the Resolution in the Office of the City Clerk, certifying that WRT has not made any reportable contributions to a political or a candidate committee in the City of Newark in the previous one (1) year through the term of the expiration date of the contract.
5. A copy of the executed Professional Services Agreement with WRT shall be filed in the Office of the City Clerk by the Deputy Mayor/Director of the Department of Economic and Housing Development and shall be made available for public inspection.
6. 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.
7. The Determination of Value and Business Entity Disclosure Certification are attached and will be filed with the Office of the City Clerk.
8. Attached is a Certification of Funds from the Director of the Department of Finance stating that there are available, sufficient and appropriated funds in the amount of Forty Thousand Nine Hundred Thirty-Five Thousand and Fifty-Nine Cents ($40,935.59), for the purposes set herein and the line appropriations which shall be charged are as follows:
|
Business Unit |
Dept. ID |
Div./Proj. |
Account# |
Budget Ref.: |
|
NW026 |
|
|
32100 |
B2021 |
9. No additional funding is required for this contract.
10. There shall be no amendments or changes of 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.
STATEMENT
This Resolution ratifies and authorizes the Mayor of the City of Newark and/or his designee, the Deputy Mayor/Director of the Department of Economic and Housing Development, to enter into and execute a contract with Wallace Roberts and Todd, LLC, 1700 Market Street, Suite 2800, Philadelphia, Pennsylvania 19103 for the preparation of the City of Newark’s Port-Industrial Area Redevelopment Plan for the period of January 7, 2021 until January 7, 2022, for an amount not to exceed $40,935.59. No additional funding is required for this contract.