Title
Dept/ Agency: Administration/Office of the Business Administrator
Action: (X) Ratifying (X) Authorizing ( ) Amending
Type of Service: Professional Service Contract - Exception to Public Bidding - N.J.S.A. 40A:11-5(1)(a)(i)
Purpose: To provide engineering consultant services for the New Jersey, Department of Community Affairs Grant for Pedestrian Safety Improvement Projects.
Entity Name: rePLACE Urban Studio Architects, PC
Entity Address: 131 Essex Street, 6th Floor, New York, New York 10002
Contract Amount: Not to exceed $560,000.00
Funding Source: 2024 Budget/Department of Engineering/Fund NW051, Dept. ID G24, Project E24D0, Activity A, Account #71280, Budget Ref. 2024
Contract Period: May 1, 2024 through April 30, 2025
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:
body
WHEREAS, the City of Newark has been awarded a $6,500,000 grant from the State of New Jersey, Department of Community Affairs for pedestrian safety improvement projects in proximity to and around the Harriet Tubman Square Park and the Audible Corporation offices; and
WHEREAS, the Audible Corporation contracted with the consultant group rePLACE Urban Studio Architects, PC and has worked in close partnership with the City of Newark to assess the need for pedestrian safety improvement projects around these locations; and
WHEREAS, the New Jersey Department of Community Affairs $6,500,000 grant award to the City of Newark for these pedestrian safety improvement projects must be obligated by December 31, 2024 and fully expended by December 31, 2026; and
WHEREAS, the City’s ability to meet the grant deadlines imposed for using the funds requires expediting the concepts of the pedestrian safety improvement projects prepared with the consultant group rePLACE Urban Studio Architects, PC to seventy-five percent (75%) substantially completed designs; and
WHEREAS, it would be in the City’s best interest to engage the consultant group rePLACE Urban Studio Architects, PC under a professional services contract to: 1) Prepare the seventy-five percent (75%) substantially completed project designs and 2) Prepare and issue other documents necessary for the City to bid the pedestrian safety improvement projects using the Design-Build construction concept, which is a requirement of the grant; and
WHEREAS, the consultant group rePLACE Urban Studio Architects, PC has the necessary qualifications, in addition to, significant experience and knowledge it has acquired from the conceptualization of the pedestrian safety improvement projects in proximity to and around the Harriet Tubman Square Park and the Audible Corporation offices that will ensure the City of Newark is able to comply with the deadlines to obligate and fully expend the New Jersey Department of Community Affairs $6,500,000 grant award funds by December 31, 2024 and December 31, 2026, respectively.
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
1. The Mayor of the City of Newark and/or his designee, the Director of the Department of Engineering, are hereby authorized and directed on behalf of the City of Newark to enter into and execute a contract with rePLACE Urban Studio Architects, PC located at 131 Essex Street, 6th Floor, New York, NY 10002 for the development of substantially complete designs (at least 75%) and other documents necessary for the City to bid the pedestrian safety improvement projects using Design-Build construction as required by the grant. This is for the period of May 1, 2024 - April 30, 2025 for an amount not to exceed Five Hundred and Sixty Thousand Dollars and Zero Cents ($560,000.00)
2. This contract is awarded without competitive bidding as a “Professional Service” in accordance with N.J.S.A. 40A:11-5(a)(i) of the Local Public Contracts Law because the performance of the service required will be performed by someone who is a licensed architect.
3. This contract is awarded pursuant to the Non-Fair and Open Procedures of the State Pay-to-Play Law N.J.S.A. 19:44A-20.5 and is in compliance with the Pay-to-Play Reform Ordinance, Newark, New Jersey, Municipal Code §2:4-22C.1.
4. This contract is ratified from May 1, 2024, until the date of adoption of this authorizing Resolution.
5. Attached hereto is a Certification of Funds from the Director of the Department of Finance, which states that: (1) there are available sufficient legally appropriated funds in the amount of Five Hundred and Sixty Thousand Dollars and Zero Cents ($560,000.00) for the purpose set forth herein; and (2) that the line appropriation of the Official Budget, which shall be charged is as follows:
2024 Budget/Department of Engineering/Fund NW051, Dept. ID G24, Project E24D0, Activity A, Account #71280, Budget Ref. 2024
6. A copy of the Certification of Funds, Political Contribution Disclosure Form, and the Determination of Value letter are attached and shall be placed on file with the Resolution in the Office of the City Clerk by the Director of the Department of Engineering.
7. rePLACE Urban Studio Architects, PC has completed and submitted a Business Entity Disclosure Certificate, which shall be placed on file with the Resolution in the Office of the City Clerk, certifying that rePLACE Urban Studio Architects, PC has not made any reportable contributions to a political or a candidate committee in the City of Newark in the previous one (1) year, and the contract will prohibit rePLACE Urban Studio Architects, PC from making reportable contributions throughout the term of the contract.
8. The Director of the Department of Engineering shall file a copy of the fully executed contract herein authorized in the Office of the City Clerk and the same shall be made available for public inspection.
9. There shall be no advance payments made against 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 ten (10) days of the adoption of this Resolution.
STATEMENT
This Resolution ratifies and authorizes the Mayor of the City of Newark and/or his designee, the Acting Director of the Department of Engineering, to enter into and execute a Professional Service Contract with rePLACE Urban Studio Architects, PC located at 131 Essex Street, 6th Floor New York, NY 10002 in the amount of Five Hundred and Sixty Thousand Dollars and Zero Cents ($560,000.00), from May 1, 2024 to April 30, 2025, for the development of project designs and preparation of documentation for bidding of pedestrian safety improvement projects within the City of Newark.