Title
Dept/ Agency: Economic and Housing Development
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Professional Service Contract
Purpose: Architectural and Engineering Services for Mulberry Pedestrian Bridge
Entity Name: Pennoni Associates Inc.
Entity Address: 1085 Raymond Boulevard, Newark, New Jersey 07102
Contract Amount: Not to exceed $11,842,430.00.00
Funding Source: Mass Transit Access Tax Revenue Bond Proceeds
Contract Period: Until completion in accordance with N.J.S.A. 40A:11-15(9)
Contract Basis: ( ) Bid ( ) State Vendor (X) Prof. Ser. ( ) EUS
(X) Fair & Open ( ) No Reportable Contributions (X) RFP ( ) RFQ
( ) Private Sale ( ) Grant ( ) Sub-recipient ( ) n/a
Additional Information:
body
WHEREAS, the City of Newark, in the County of Essex, State of New Jersey (the “City”), wishes to enter into a Professional Services Contract (the “Contract”) with Pennoni Associates Inc., 1085 Raymond Boulevard, Newark, New Jersey 07102 for the purpose of providing architectural and engineering services for, as applicable, the design, construction, reconstruction and rehabilitation of the Central Railroad of New Jersey Bridge (the "Pedestrian Bridge") crossing over New Jersey Route 21 into a continuous pedestrian walkway connecting Mulberry Commons Park, Newark Penn Station and the Ironbound section of the City, as more specifically set forth in the Contract attached hereto and made a part thereof (the “Project”); and
WHEREAS, the City previously engaged another architectural firm to evaluate and redesign the Pedestrian Bridge; and
WHEREAS, due to the expertise and experience on similar projects possessed by Pennoni Associates Inc., the City now desires to contract with Pennoni Associates Inc. to assume the lead role in designing, constructing, reconstructing and rehabilitating the Project; and
WHEREAS, the above-referenced Professional Services 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), because these services are to be rendered by a person (or persons) authorized by law to practice a recognized profession, whose practice is regulated by law, and the performance of which services requires knowledge of an advanced type in a field of learning acquired by a prolonged formal course of specialized instruction and study as distinguished from general academic instruction; and
WHEREAS, the Local Public Contracts Law (N.J.S.A. 40A:5-1(a)(i), et seq.) requires that a notice of the award of contracts for "Professional Services" without competitive bidding must be published in a local newspaper or the City’s official website; and
WHEREAS, the Contract is for an amount over $17,500.00 and is being awarded as a non-fair and open contract pursuant to N.J.S.A. 19:44A-20.5; and
WHEREAS, Pennoni Associates Inc., has completed and submitted a City of Newark Political Contribution Disclosure Form and a Business Entity Disclosure Certificate, which certify that Pennoni Associates Inc., has not made any reportable contributions to a political or candidate committee in the City during the previous one (1) year period, and their contract for architectural and engineering services will prohibit Pennoni Associates Inc., from making any reportable contributions through the term of the Contract
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
1. The above recitals are incorporated by reference as if fully set forth herein.
2. The Mayor and/or his designee, the Business Administrator or the Deputy Mayor/Director of the Department of Economic and Housing Development, are each hereby authorized on behalf of the City to enter into and execute a Professional Service Contract (the “Contract”) with Pennoni Associates Inc., 1085 Raymond Boulevard, Newark, New Jersey 07102, in the amount not to exceed $11,842,430.00 to provide architectural and engineering services for, as applicable, the design, construction, reconstruction and rehabilitation of the Central Railroad of New Jersey Bridge (the "Pedestrian Bridge") crossing over New Jersey Route 21 into a continuous pedestrian walkway connecting Mulberry Commons Park, Newark Penn Station and the Ironbound section of the City, as more specifically set forth in the Contract attached hereto and made a part thereof.
3. The period of the Contract shall be from the date of execution thereof until the Pedestrian Bridge and the improvements related thereto, as set forth in the Contract, are completed in accordance with N.J.S.A. 40A:11-15(9).
4. The Contract is hereby ratified from April 30, 2026 until the date of adoption of this authorizing resolution.
5. The Contract is being awarded pursuant to the non-fair and open procedures of the 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)) because these services are to be rendered by a person (or persons) whose performance requires knowledge of an advanced type in a field of learning acquired by a prolonged formal course of specialized instruction and study, as distinguished from general academic instruction.
6. Pennoni Associates Inc., has completed and submitted a City of Newark Political Contribution Disclosure Form and a Business Entity Disclosure Certificate, which certify that Pennoni Associates Inc., has not made any reportable contributions to a political or candidate committee in the City during the previous one (1) year period, and their contract for architectural and engineering services will prohibit Pennoni Associates Inc., from making any reportable contributions through the term of the Contract.
7. The Determination of Value is attached.
8. Pursuant to Bond Resolution 7R4-a(s), adopted by the Municipal Council of the City on November 9, 2021, and amended and supplemented by Bond Resolution 7R4-a(s), adopted by the Municipal Council of the City on October 25, 2022, the City authorized and provided for the Issuance and sale of $110,000,000.00 of Mass Transit Access Tax Revenue Bonds secured by a 3.5% Mass Transit Access Tax, and the City entered into a Trust Indenture pursuant to which the City issued $110,000,000 aggregate principal amount of Mass Transit Access Tax Revenue Bonds, Series 2022 (Mulberry Pedestrian Bridge Redevelopment Project) (City Secured), dated November 22, 2022, pursuant to Section 714 of the Trust Indenture, from which Pennoni Associates Inc.'s fees will be paid. Accordingly, no Certification of Funds is needed.
9. The fully executed Contract, the Determination of Value, the Political Contribution Disclosure Form, and the Business Entity Disclosure Certificate shall be filed by the Deputy Mayor/Director of the Department of Economic and Housing Development in the Office of the City Clerk and the same shall be made available to the public for inspection.
10. No substantial or material changes to the Contract are allowed without prior Municipal Council approval.
11. A Notice of this action shall be published in the newspaper authorized by law and approved by the Municipal Council of the City to publish a legal advertisement or on the City’s official website as required by law within ten (10) days of adoption of this Resolution.
12. There shall be no advance payments made against this Contract in accordance with N.J.S.A. 40A:5-16.
13. The total amount of the Contract shall not exceed $11,842,430.00.
14. As required by the State Law, the City Clerk shall provide the appropriate notice of the award of the Contract to the State Comptroller no later than 20 business days following such award, in accordance with N.J.S.A. 52:15C-10(a) and the Notice of the Office of the State Comptroller dated May 7, 2008.
STATEMENT
This resolution ratifies and authorizes the Mayor and/or his designee, the Business Administrator or the Deputy Mayor/Director of the Department of Economic and Housing Development, on behalf of the City, to enter into and execute a Professional Service Contract (the “Contract”) with Pennoni Associates Inc., 1085 Raymond Boulevard, Newark, New Jersey 07102, in the amount not to exceed $11,842,430.00 to provide architectural and engineering services for, as applicable, the design, construction, reconstruction and rehabilitation of the Central Railroad of New Jersey Bridge (the "Pedestrian Bridge") crossing over New Jersey Route 21 into a continuous pedestrian walkway connecting Mulberry Commons Park, Newark Penn Station and the Ironbound section of the City, as more specifically set forth in the Contract attached hereto and made a part thereof. This contract shall be in effect from the date of execution thereof until the Pedestrian Bridge and the improvements related thereto, as set forth in the Contract, are completed in accordance with N.J.S.A. 40A:11-15(9).