Title
Dept/ Agency: Administration/Office of the Business Administrator
Action: (X) Ratifying (X) Authorizing ( ) Amending
Type of Service: Professional Service Contract
Purpose: Architectural services for design and construction of a new Municipal Park located between Mulberry Street and the western edge of McCarter Highway ("Triangle Park")
Entity Name: Sage and Coombe Architects, LLP.
Entity Address: 12-16 Vestry Street, 5th Floor, New York, New York 10013
Contract Amount: An amount not to exceed $1,704,592.00
Funding Source: Capital Funds
Contract Period: August 15, 2016 through August 14, 2017
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:
body
WHEREAS, the City of Newark wishes to enter into a Professional Services contract with Sage and Coombe Architects, LLP, 12-16 Vestry Street 5th Floor, New York, New York 10013 for the purpose of providing architectural services for design and construction of a new Municipal Park located between Mulberry Street and the western edge of McCarter Highway ("Triangle Park"), as more specifically set forth in the contract attached hereto and made a part thereof; 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:1l-l, et seq.) requires that a notice of the award of contracts for "Professional Services" without competitive bidding must be published in a local newspaper; and
WHEREAS, this 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, Sage and Coombe Architects, LLP, has completed and submitted a City of Newark Political Contribution disclosure Form and a Business Entity Disclosure Certificate certifying that Sage and Coombe Architects, LLP has not made any reportable contributions to a political or candidate committee in the City of Newark in the previous one year, and their contracts for accounting, tax and related financial reporting services with the City will prohibit Sage and Coombe Architects, LLP from making any reportable contributions through the term of the contract; and
WHEREAS, the Municipal Council adopted the Contractor Pay-to-Play Reform Ordinance, R.O. 2:4-22C, which forbids the award of a contract to a Business Entity, as defined therein, which has made or solicited political contributions to Newark Municipal Candidates, office holders having ultimate responsibility for the award of a contract; candidate committees of the aforementioned candidates; and political or political party committees of the City of Newark or County of Essex; and continuing political committees or political action committees regularly engaged in the support of the City of Newark municipal or County of Essex elections; and certain other political party or candidate committees, in excess of certain thresholds.
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 Business Administrator is hereby authorized to enter into and execute a Professional Service Contract with Sage and Coombe Architects, LLP, 12-16 Vestry Street 5th Floor, New York, New York 10013, in the amount not to exceed $1,704,592.00 to provide architectural services for design and construction of a new Municipal Park located between Mulberry Street and the western edge of McCarter Highway ("Triangle Park"), as more specifically set forth in the contract attached hereto and made a part thereof.
2. The period of the contract shall be one (1) year from August 15, 2016 to August 14, 2017.
3. The contract is hereby ratified from August 15, 2016 until the date of adoption of this authorizing resolution.
4. This 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 and is in compliance with Contractor Pay-to-Play Reform Ordinance, R.O. 2:4-22C.
5. Sage and Coombe Architects, LLP, has completed and submitted a City of Newark Political Contribution Disclosure Form and a Business Entity Disclosure Certificate, which certify that Sage and Coombe Architects, LLP, has not made any reportable contributions to a political or candidate committee in the City of Newark in the previous one year, and their contract will prohibit Sage and Coombe Architects, LLP, from making any reportable contributions through the term of contract.
6. The Determination of Value is attached.
7. There are sufficient funds for the purpose set forth hereinabove and the line appropriation of the official budget which shall be charged is Capital Project 07A00.
8. The executed contracts, the Certifications of Funds, the Determination of Value, City of Newark Political Contribution Disclosure Forms and the Business Entity Disclosure Certificates shall all be filed in the Office of the City Clerk by the Business Administrator.
9. No changes to this contract are allowed without prior Municipal Council approval.
10. A notice of this action shall be published in the newspaper as required by law within 10 days of its passage.
11. There shall be no advance payments made against this contract in accordance with N.J.A.C. 40A: 5-16.
12. The total amount of the contract shall not exceed $1,704,592.00.
STATEMENT
This resolution ratifies and authorizes the Mayor and/or his designee, the Business Administrator to enter into and execute a Professional Service Contract with Sage and Coombe Architects, LLP, 12-16 Vestry Street 5th Floor, New York, New York 10013, in the amount not to exceed $1,704,592.00, to provide architectural services for design and construction of a new Municipal Park located between Mulberry Street and the western edge of McCarter Highway ("Triangle Park"), as more specifically set forth in the contract attached hereto and made a part thereof. This contract shall be in effect for a period of one (1) year from August 15, 2016 through August 14, 2017.