File #: 13-1138    Version: 1 Name: Amend Contract #37-2011PS Design and Preparation of Bid Documents for 470-476 Orange Street, Newark, New Jersey
Type: Resolution Status: Filed
File created: 6/11/2013 In control: Engineering
On agenda: 8/7/2013 Final action: 8/7/2013
Title: Dept/ Agency: Engineering Action: (X ) Ratifying (X) Authorizing (X ) Amending Type of Service: Amend Contract Term/Amend Resolution 7R4c January 5, 2012 Purpose: "Renovations and Improvements to Sixteen (16) Sale-Lease Back Public Buildings" for Design and Preparation of Bid Documents for 470-476 Orange Street, Newark, New Jersey Entity Name: USA Architects, Planners & Interior Designers, P.A. Entity Address: 292 Lafayette Street, Newark, New Jersey 07105 Contract Amount: $41,400.00 Funding Source: Essex County Improvement Authority ("ECIA") Contract Period: Amend the term of the contract from March 1, 2012 through February 28, 2013 to March 1, 2012 to February 27, 2014 Contract Basis: ( ) Bid ( ) State Vendor ( x ) Prof. Ser. ( ) EUS ( ) Fair & Open ( x ) No Reportable Contributions ( ) RFP ( ) RFQ ( ) Private Sale ( ) Grant ( ) Sub-recipient ( ) n/a Additional Information: Contract #37-2011...
Title
Dept/ Agency: Engineering
Action:  (X ) Ratifying     (X) Authorizing     (X ) Amending
Type of Service:  Amend Contract Term/Amend Resolution 7R4c January 5, 2012             
Purpose: “Renovations and Improvements to Sixteen (16) Sale-Lease Back Public Buildings” for Design and Preparation of Bid Documents for 470-476 Orange Street, Newark, New Jersey
Entity Name:  USA Architects, Planners & Interior Designers, P.A.
Entity Address:  292 Lafayette Street, Newark, New Jersey 07105
Contract Amount: $41,400.00
Funding Source:  Essex County Improvement Authority (“ECIA”)    
Contract Period:  Amend the term of the contract from March 1, 2012 through February 28, 2013 to March 1, 2012 to February 27, 2014
Contract Basis: (   ) Bid   (   ) State Vendor   ( x  ) Prof.  Ser.   (   ) EUS   
(  ) Fair & Open   (  x ) No Reportable Contributions   (   ) RFP   (   ) RFQ
(   ) Private Sale   (   ) Grant   (   ) Sub-recipient   (   ) n/a    
Additional Information:
 Contract #37-2011PS Renovations and Improvements to Sixteen (16) Sale-Lease Back Public Buildings Design and Preparation of Bid Documents for 470-476 Orange Street, Newark, New Jersey
Invitation: Engineering Director, August 6, 2013            
 
body
 
WHEREAS, Resolution 7R4-c  adopted January 5, 2012, authorized the Director of the Department of Engineering to execute Contract #37-2011PS “Renovations and Improvements to Sixteen (16) Sale-Lease Back Public Buildings” Design and Preparation of Bid Documents for 470-476 Orange Street, Newark, New Jersey with USA Architects, Planners & Interior Designers, P.A., 292 Lafayette Street, Newark, New Jersey 07105, in the amount of $41,400.00; and
 
WHEREAS, a 'Notice to Proceed' was issued dated March 1, 2012, specifying March 1, 2012 as the effective date and ending on February 28, 2013; and
 
WHEREAS, due to unforeseen delays with the contractor procurement for the construction contract process (bids were not received until December, 2012, due in part to unanticipated and time consuming field survey work for the preparation of drawings and the contract was not awarded until April, 2013) (See Attachment A), an extension of time is necessary ; and
 
WHEREAS, the Director of the Department of Engineering desires to amend Contract #37-2011PS “Renovations and Improvements to Sixteen (16) Sale-Lease Back Public Buildings” Design and Preparation of Bid Documents for 470-476 Orange Street, Newark, New Jersey with USA Architects, Planners & Interior Designers, P.A., 292 Lafayette Street, Newark, New Jersey 07105”, to extend the contract term from March 1, 2012 to February 28, 2013 to March 1, 2012 to February 27, 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
 
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:
  1. The Mayor and/or his designee and the Director of Engineering are hereby authorized to execute Amendment #1 to Contract #37-2011PS “Renovations and Improvements to Sixteen (16) Sale-Lease Back Public Buildings” Design and Preparation of Bid Documents for 470-476 Orange Street, Newark, New Jersey with USA Architects, Planners & Interior Designers, P.A., 292 Lafayette Street, Newark, New Jersey 07105, to amend the term from March 1, 2012 to February 28, 2013 to March 1, 2012 to February 27, 2014.  
    1. The Municipal Council hereby ratifies the contract amendment from February 28, 2013 to the date of the adoption of this resolution.
  1. All other terms and conditions of Contract #37-2011PS “Renovations and Improvements to Sixteen (16) Sale-Lease Back Public Buildings” Design and Preparation of Bid Documents for 470-476 Orange Street, Newark, New Jersey, shall apply and remain in force until the contract is completed.
  1. A fully executed copy of Amendment #1 to Contract #37-2011PS “Renovations and Improvements to Sixteen (16) Sale-Lease Back Public Buildings” Design and Preparation of Bid Documents for 470-476 Orange Street, Newark, New Jersey, shall be filed in the Office of the City Clerk by the Director of the Department of Engineering.
  1. No further amendments or modifications to this amended contract shall be permitted without prior Municipal Council approval.
  1. There shall be no advance payments made against this contract in accordance with N.J.A.C. 40A:5-16.
  1. Notice of the award of this contract amendment shall be published in the newspaper authorized by law to publish a legal advertisement and as required by law within ten (10) days of its passage.
  1. USA Architects, Planners & Interior Designers, P.A. 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 prohibits USA Architects, Planners & Interior Designers, P.A., from making or soliciting any contributions through the term of the contract.
  1. A fully executed copy of this amendment shall be filed in the Office of the City Clerk by the Director Engineering or his designee.
  1. 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 authorizes the Mayor and/or his designee and the Director of Engineering, to execute Amendment #1 to Contract #37-2011PS “Renovations and Improvements to Sixteen (16) Sale-Lease Back Public Buildings” Design and Preparation of Bid Documents for 470-476 Orange Street, Newark, New Jersey,  to amend the term from March 1, 2012 to February 28, 2013 to March 1, 2012 to February 27, 2014, with USA Architects, Planners & Interior Designers, P.A., 292 Lafayette Street, Newark, New Jersey 07105, at no additional cost to the City.