Title
Dept/ Agency: Economic and Housing Development
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Professional Services Contract
Purpose: Professional Services Agreement for the Provision of Licensed Site Remediation Professional Services at the Former Stacor Site, 78-84 Avenue C, Block 1275, Lots 7 and 25
Entity Name: Pennoni Associates Inc.
Entity Address: 24 Commerce Street, Suite 300, Newark, New Jersey 07102
Contract Amount: Amount not to exceed $128,870.50
Funding Source: United States Environmental Protection Agency (USPA) Brownfield Cleanup and Hazardous Discharge Site Remediation Fund (HDSRF) Assessment Grant Funds
Contract Period: One year from the date of issuance of a Notice to Proceed by the Deputy Mayor/Director of the Department of Economic and Housing Development
Contract Basis: ( ) Bid ( ) State Vendor (X) Prof. Ser. ( ) EUS
( ) Fair & Open ( ) No Reportable Contributions (X) RFP ( ) RFQ
( ) Private Sale ( ) Grant ( ) Sub-recipient ( ) n/a
Additional Information:
body
WHEREAS, the City of Newark, Department of Economic and Housing Development, caused to be published on the City of Newark’s website on August 16, 2016, a Request for Proposals for Environmental Engineering and Licensed Site Remediation Professional (“LSRP”) Services; and
WHEREAS, the intent of this Request for Proposals was to select a firm capable of providing LSRP services at the Former Stacor Site, 78-84 Avenue C, Block 1275, Lots 7 and 25, City of Newark (“Former Stacor Site”); and
WHEREAS, the City of Newark received a total of twelve (12) proposals in response to its request; and
WHEREAS, Pennoni Associates Inc., 24 Commerce Street, Suite 300, Newark, New Jersey 07102, submitted a proposal dated September 13, 2016, entitled, “Environmental Engineering and LSRP Services for 78-84 Avenue C (a.k.a. Former Stacor Site)” for the performance of LSRP Services, in an amount not to exceed $128,870.50; and
WHEREAS, the proposals received were reviewed and evaluated and a recommendation was made, based upon the City’s needs, goals, available funding and the proposals submitted, to award a contract in the total amount of $128,870.50 (One Hundred Twenty Eight Thousand Eight Hundred Seventy Dollars and Fifty Cents) to Pennoni Associates, Inc., as the firm that submitted the most competitively priced proposal, and that demonstrated the knowledge, technical competence, management, experience, personnel qualifications, and ability to complete the services in a timely manner, in the best interest of the City of Newark; and
WHEREAS, the City of Newark, Department of Economic and Housing Development, desires to enter into a Professional Services Agreement with Pennoni Associates Inc., to provide LSRP Services, in an amount not to exceed $128,870.50,(One Hundred Twenty Eight Thousand Eight Hundred Seventy Dollars and Fifty Cents) for a period of one year from the date of issuance of a Notice to Proceed by the Deputy Mayor/Director of the Department of Economic and Housing Development. Eligible activities shall be funded from the United States Environmental Protection Agency, Brownfield Cleanup Grant (BF# 96295212), the New Jersey Hazardous Discharge Site Remediation Fund (HDSRF) Grant administered by the NJDEP and New Jersey Economic Development Authority (EDA) and/or other third party funds; and
WHEREAS, LSRP Services are professional services, exempt from the requirement for public bidding, pursuant to the Local Public Contracts Law, N.J.S.A. 40A:11-5(1)(a)(i); and
WHEREAS, the Local Public Contracts Law (N.J.S.A. 40A:11-1 et. seq.) requires that 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 pursuant to N.J.S.A. 19:44A-20.5. Pennoni Associates Inc. has completed and submitted a Business Entity Disclosure Certification (attached hereto and made a part hereof) which certifies that Pennoni Associates Inc. has not made any reportable contributions to a political or candidate committee in the City of Newark in the previous one year and the amendment to the Professional Services Agreement will prohibit Pennoni Associates Inc. from making any reportable contributions through the term of the agreement; 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 Deputy Mayor/ Director of the Department of Economic and Housing Development, are authorized to enter into and execute a Professional Services Agreement with Pennoni Associates Inc., 24 Commerce Street, Suite 300, Newark, New Jersey 07102, to provide Licensed Site Remediation Professional Services in a total amount not to exceed One Hundred and Twenty-Eighty Thousand, Eight Hundred and Seventy Dollars and Fifty Cents ($128,870.50), for the performance of said LSRP services at the Former Stacor Site, 78-84 Avenue C, Block 1275, Lots 7 and 25, City of Newark.
2. The term of this contract shall be for a period of one year from the date of issuance of a Notice to Proceed by the Deputy Mayor/Director of the Department of Economic and Housing Development.
3. This contract is being awarded pursuant to the procedures of the State 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)); is in compliance with the City’s Contractor Pay-to-Play Reform Ordinance, R.O. 2:4-22C.
4. Attached hereto is a Certification of Funds from the Director of Finance of the City of Newark, which states (1) that there are sufficient funds in the amount of $128,870.50 for the purpose set forth herein above and (2) that the line appropriations which shall be charged are as follows:
Bus. Unit Dept. ID Div./Proj. Activity Acct. # Budget Ref.
NW051 G13 D13D0 A 72090 B2013
NW051 G09 D19U0 A 72090 B2009
5. A fully executed copy of this Agreement and Notice to Proceed shall be filed in the Office of the City Clerk by the Deputy Mayor/Director of the Department of Economic &and Housing Development.
6. There shall be no advance payments against this contract pursuant to N.J.S.A. 40A:5-16.
7. 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 ten (10) days of the adoption of this Resolution.
STATEMENT
This resolution authorizes the Mayor and/or his designee, the Deputy Mayor/ Director of the Department of Economic and Housing Development to enter into and execute a Professional Services Agreement with Pennoni Associates Inc., 24 Commerce Street, Suite 300, Newark, NJ 07102, to provide Licensed Site Remediation Professional Services at the Former Stacor Site, 78-84 Avenue C, Block 1275, Lots 7 and 25, City of Newark, in a total contract amount not to exceed One Hundred Twenty-Eighty Thousand, Eight Hundred Seventy Dollars and Fifty Cents ($128,870.50) for the period of one year from the date of issuance of a Notice to Proceed by the Deputy Mayor/Director of the Department of Economic and Housing Development.