Title
Dept/ Agency: Engineering
Action: ( X ) Ratifying (X) Authorizing ( X ) Amending
Type of Service: Amend Contract and Resolution
Purpose: Renovations and Improvements to Sixteen (16) Sale-Lease Back Public Buildings - Design and Preparation of Bid Documents and Construction Administration/Management for 241 West Market Street, Newark, New Jersey 07102
Entity Name: LS Engineering Associates Corporation
Entity Address: 150 River Road, Building E, Suite E2, Montville, New Jersey 07836
Contract Amount: $49,800.00
Funding Source: Essex County Improvements Authority (ECIA)
Contract Period: February 7, 2012 through February 5, 2014
Contract Basis: ( ) Bid ( ) State Vendor ( ) Prof. Ser. ( ) EUS
( ) Fair & Open ( ) No Reportable Contributions ( ) RFP ( ) RFQ
( ) Private Sale ( ) Grant ( ) Sub-recipient ( ) n/a
Additional Information:
Contract #23-2011PS Renovations and Improvements to Sixteen (16) Sale-Lease Back Public Buildings Design and Preparation of Bid Documents and Construction Administration/Management for 241 West Market Street, Newark, New Jersey
Resolution 7R4-c adopted December 8, 2011
Invitation: Engineering Director, August 6, 2013
body
WHEREAS, Resolution 7R4-c, adopted December 8, 2011, authorized the Director of the Department of Engineering to execute Contract #23-2011PS Renovations and Improvements to Sixteen (16) Sale-Lease Back Public Buildings Design and Preparation of Bid Documents and Construction Administration/Management for 241 West Market Street, Newark, New Jersey with LS Engineering Associates Corporation, 150 River Road, Building E, Suite E2, Montville, New Jersey 07836, in the amount of $49,800.00, for a one-year term from the issuance of a Notice to Proceed; and
WHEREAS, on February 7, 2012 a 'Notice to Proceed' was issued, specifying February 7, 2012 as the contract effective date, terminating on February 6, 2013; and
WHEREAS, the underlying construction contract has not been completed, due to unforeseen delays in the public bidding and procurement process for the construction contract (See Attachment A); however, the contract with LS Engineering Associates Corporation, who has the responsibility of contract administration and management, has expired; and
WHEREAS, the Director of the Department of Engineering desires to amend Contract #23-2011PS, Renovations and Improvements to Sixteen (16) Sale-Lease Back Public Buildings Design and Preparation of Bid Documents and Construction Administration/Management for 241 West Market Street, Newark, New Jersey, to extend the contract term from February 7, 2012 through February 6, 2013 to February 7, 2012 through February 5, 2014, at no additional cost to the City; and
WHEREAS, the contracted services are professional services and are exempt from the public bidding requirements of the Local Public Contracts Law, pursuant to N.J.S.A. 40A:11-5(1)(a)(i) and contract extensions, for the time necessary to complete actual construction are permissible pursuant to N.J.S.A. 40A;11-15 (9); and
WHEREAS, this contract amendment is being awarded as a non-fair and open contract pursuant to the Pay-to-Play Executive Order and in accordance with the Local Pay-to-Play Law, N.J.S.A. 19:44A-20.5.
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
- The Mayor and/or his designee, the Director of Engineering, are hereby authorized to execute Amendment#1 to Contract #23-2011PS Renovations and Improvements to Sixteen (16) SaleLease Back Public Buildings Design and Preparation of Bid Documents and Construction Administration/Management for 241 West Mark Street, Newark, New Jersey with LS Engineering Associates Corporation, 150 River Road, Building E, Suite E2, Montville, New Jersey 07836, to amend the term from February 7, 2012 through February 6, 2013 to February 7, 2012 through February 5, 2014.
- The Municipal Council hereby ratifies this contract amendment from February 6, 2013 to the date of the adoption of this authorizing Resolution.
- All other terms and conditions of Contract #23-2011PS Renovations and Improvements to Sixteen (16) Sale-Lease Back Public Buildings Design and Preparation of Bid Documents and Construction Administration/Management for 241 West Market Street, Newark, New Jersey, shall apply and remain in force until the contract is completed.
- A fully executed copy of Amendment #1 to Contract #23-2011PS Renovations and Improvements to Sixteen (16) Sale-Lease Back Public Buildings Design and Preparation of Bid Documents and Construction Administration/Management for 241 West Market Street, Newark, New Jersey shall be filed in the Office of the City Clerk by the Director of the Department of Engineering.
- No further amendments or modifications to this amended contract shall be permitted without prior Municipal Council approval.
- There shall be no advance payments made against this contract in accordance with N.J.A.C. 40A:5-16.
- Notice of the award of this contract amendment shall be published in thenewspaper as required by law within ten (10) days of its passage.
- LS Engineering Associates Corporation has completed and submitted a Business Entity Disclosure Certification and an updated City Political Disclosure Statement which certifies that the Business Entity, as defined therein, has not made or solicited any prohibited contributions to a political or candidate committee in the City of Newark in the previous one year, and the contract will prohibit LS Engineering Associates Corporation, from making or soliciting any prohibited contributions through the term of the contract.
- A fully executed copy of this amendment shall be filed in the Office of the City Clerk by the Director Engineering or his designee.
- This amendment to a professional service contract is awarded under the provisions of the Local Public Contracts Law N.J.S.A. 40A:11-5(1)(a)(i), and pursuant to the New Jersey Local Unit Pay-to-Play Law, N.J.S.A. 19:44-20.5 as a 'Non-Fair and Open Contract' , and in compliance with Executive Order (MEO-07-0001) effective March 31, 2007.
STATEMENT
This resolution ratifies and authorizes the Mayor and/or his designee, the Director of Engineering, to execute Amendment #1 to Contract #23-2011PS Renovations and Improvements to Sixteen (16) Sale-Lease Back Public Buildings Design and Preparation of Bid Documents and Construction Administration/Management for 241 West Market Street, Newark, New Jersey, to amend the term from February 7, 2012 thorugh February 6, 2013 to February 7, 2012 through February 5, 2014, with LS Engineering Associates Corporation, 150 River Road, Building E, Suite E2, Montville, New Jersey 07836, at no additional cost to the City.