Title
Dept/ Agency: Economic & Housing Development
Action: (X ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Professional Services Contract
Purpose: Provide Unified Planning Work Program Sub-regional Studies for the Mobility Element of the Master Plan
Entity Name: Sam Schwartz Engineering, PLLC
Entity Address: 744 Broad Street, Suite 2090, Newark, New Jersey 07102
Contract Amount: $119,000.00
Funding Source: North Jersey Transportation Planning Authority, Inc.
Contract Period: October 19, 2011 through June 30, 2012
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:
Deferred 7R3-a (s) 020712
Deferred 7R3-a 021612
Body
WHEREAS, the North Jersey Transportation Planning Authority, Inc. ("NJTPA") provided the City of Newark with a $240,000.00 grant award for the Department of Economic and Housing Development to fund the Mobility Element of the City's Master Plan Revision for the period commencing on July 1, 2009 and terminating on June 30, 2010, with an in-kind match of $60,000.00; and
WHEREAS, the Municipal Council of the City of Newark adopted Resolution 7R3-a on March 3, 2010, which authorized the Mayor and/or his designee, the Deputy Mayor/Director of the Department of Economic and Housing Development to accept the above grant award in the amount of $240,000.00 and enter into and execute a grant agreement with NJTPA for the purposes set forth above; and
WHEREAS, pursuant to 7R3-c (s), adopted on July 15, 2010, the Municipal Council authorized the Deputy Mayor/Director of the Department of Economic and Housing Development to enter into a professional services contract with Sam Schwartz Engineering, PLLC ("SSE"), located at 744 Broad Street, Suite 2090, Newark New Jersey 07102, to provide professional planning services for the purpose of completing the Unified Planning Work Program Sub-regional Studies for the Mobility Element of the Master Plan for an amount not to exceed $119,000.00 for a period of one (1) year, to be paid from the above NJTPA grant award; and
WHEREAS, the above professional services contract with SSE expired on October 18, 2011 and cannot be renewed due to the durational requirements for professional services contracts set forth in the New Jersey Local Public Contracts Law, N.J.S.A. 40A:11-1, et seq.; and
WHEREAS, NJTPA has authorized an extension of the grant for the Sub-regional Studies for the Mobility Element of the Master Plan from June 30, 2011 to June 30, 2012 (a copy of the NJTPA Modification Notice is attached hereto and made a part hereof); and
WHEREAS, due to the complexity of the project and in an effort to complete the Mobility Element of the City's Master Plan Revision in a timely manner, the City of Newark desires to utilize NJTPA grant funding to enter into a new professional services contract with SSE to serve as lead New Jersey Licensed Planner for the purpose of completing the Unified Planning Work Program Sub-regional Studies for the Mobility Element of the Master Plan Revision, for an amount not to exceed One Hundred Nineteen Thousand Dollars ($119,000.00) for the period from October 19, 2011 to June 30, 2012; and
WHEREAS, SSE's proposal includes sub-contracts with the following professionals who have particular expertise in this area, specifically the completion of the Mobility Element of the City's Master Plan Revision:
• Eng-Wong, Taub & Associates, P.A., 2 Penn Plaza, Suite 2210, New York, NY 10121;
Vanasse Hangen Brustlin, Inc., One Gateway Center, 15th Fl., Newark, NJ 07102 (Assigned from Eng-Wong, Taub & Associates, P.A.)
• Techniquest Corporation, 18 Meadowlark Drive, Plainsboro, NJ 08536;
• PB Americas, Inc., 2 Gateway Center, Newark, NJ 07102; and
WHEREAS, the Local Public Contracts Law (N.J.S.A. 40A:11-1, 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, SSE has completed and submitted a City of Newark Political Contribution Disclosure Form and a Business Entity Disclosure Certificate certifying that SSE has not made any contributions to a political or candidate committee in the City of Newark in the previous one (1) year, and this contract for planning services with the City will prohibit SSE from making any contributions through the term of the contract; and
WHEREAS, the Mayor of the City of Newark signed into law Executive Order Number MEO-07-0001 (hereinafter "Pay-to-Play Executive Order"), which requires reporting of political contributions to Newark Municipal Candidates and prohibits certain political contributions during the duration of the contract.
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 Deputy Mayor/Director of the Department of Economic and Housing Development is hereby authorized to enter into and execute a professional service contract with Sam Schwartz Engineering PLLC, 744 Broad Street, Suite 2090, Newark, New Jersey 07102 to provide unified Planning Work Program Sub-regional Studies for the Mobility Element of the Master Plan, for an amount not to exceed One Hundred Nineteen Thousand Dollars, ($119,000.00).
2. This contract is hereby ratified from October 19, 2011 until the date of adoption of this authorizing resolution.
3. Attached hereto is a certification of funds from the Municipal Comptroller of the City of Newark, in the amount of One Hundred Nineteen Thousand Dollars ($119,000.00) which states: (1) that there are sufficient funds for the purpose set forth hereinabove; and (2) that the line appropriation of the official budget which shall be charged is Business Unit: NW051; Department: G10; Division/Project: D1090; Account #: 71280; and Budget Ref.#: B2010.
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 Newark Executive Order MEO-07-0001, effective March 31, 2007.
5. SSE has completed and submitted a City of Newark Political Contribution Disclosure Form and a Business Entity Disclosure Certificate certifying that SSE has not made any contributions to a political or candidate committee in the City of Newark in the previous one (1) year, and this contract for professional services with the City will prohibit SSE from making any contributions through the term of the contract.
6. The Determination of Value letter is attached.
7. The Executed Contract, the Certifications of Funds, the Determination of Value Letter, City of Newark Political Contribution Disclosure Form and the Business Entity Disclosure Certificate shall be filed in the Office of the City Clerk by the Deputy Mayor/Director of the Department of Economic and Housing Development.
8. There shall be no amendments or changes of this contract without approval of the Municipal Council.
9. There shall be no advance payments on this contract in accordance with N.J.S.A. 40A:5-16.
10. 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 10 days of its passage.
STATEMENT
This resolution ratifies and authorizes the Mayor and/or his designee, the Deputy Mayor/Director of the Department of Economic and Housing Development to enter into a professional service contract with Sam Schwartz Engineering, PLLC ("SSE"), located at 744 Broad Street, Suite 2090, Newark New Jersey 07102 to provide Unified Planning Work Program Sub-regional Studies for the Mobility Element of the Master Plan, for an amount not to exceed One Hundred Nineteen Thousand Dollars, ($119,000.00) for the period of October 19, 2011 to June 30, 2012.