Title
Dept/ Agency: Engineering
Action: ( X ) Ratifying (X) Authorizing (X) Amending
Type of Service: Change Order/Amend Resolution
Purpose: Engineering Design and Architectural Services for the City's Archives Building
Entity Name: Mikesell & Cioban Partners t/a Mikesell & Associates
Entity Address: 17 Academy Street, Suite 800, Newark, New Jersey 07102
Contract Amount: $55,000.00
Funding Source: City of Newark/Engineering Budget
Contract Period: Amend the term of the contract from January 16, 2013 through January 15, 2014 to January 16, 2013 through January 14, 2015
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 #18-2011PS, Engineering Design and Architectural Services for the
City's Archives Building
No additional cost to City.
body
WHEREAS, Resolution 7R4-c adopted November 8, 2012, authorized the Director of the Department of Engineering to execute Contract #18-2011PS Engineering Design and Architectural Services for the City's Archives Building, 295 Halsey Street, Newark, New Jersey 07102, with Mikesell & Cioban Partners t/a Mikesell & Associates, 17 Academy Street, Suite 800, Newark, New Jersey 07102, in the amount of $55,000.00; and
WHEREAS, a 'Notice to Proceed' was issued dated January 16, 2013, specifying January 16, 2013 as the effective date of the contract with a termination date of January 15, 2014; and
WHEREAS, due to unforeseen delays with the change of the general contractor and roof repairs delayed due to weather, the work has not been completed, requiring an extension of this professional service contract; and
WHEREAS, the Director of the Department of Engineering desires to amend Contract #18-2011PS, to extend the contract term from January 16, 2013 through January 15, 2014 to January 16, 2013 through January 14, 2015, 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 and the Contractor Pay-to-Play Reform Ordinance, 2:4-22C.
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 Director of the Department of Engineering, are hereby authorized to execute Amendment #1 to Contract #18-2011PS Engineering Design and Architectural Services for the City's Archives Building, 295 Halsey Street, Newark, New Jersey 07102, with Mikesell & Cioban Partners t/a Mikesell & Associates, 17 Academy Street, Suite 800, Newark, New Jersey 07102, to amend the term from January 16, 2013 through January 15, 2014 to January 16, 2013 through January 15 2015.
2. The contract amendment is hereby ratified from January 15, 2014 to the date of the adoption of this resolution.
3. All other terms and conditions of Contract #18-2011PS Engineering Design and Architectural Services for the City's Archives Building, 295 Halsey Street, Newark, New Jersey 07102, shall remain the same and in full force and effect until the contract is completed.
4. A fully executed copy of Amendment #1 to Contract #18-2011PS Engineering Design and Architectural Services for the City's Archives Building, 295 Halsey Street, Newark, New Jersey 07102, shall be filed in the Office of the City Clerk by the Director of the Department of Engineering.
5. No further amendments or modifications to this amended contract shall be permitted without prior Municipal Council approval.
6. There shall be no advance payments made against this contract in accordance with N.J.A.C. 40A:5-16.
7. Notice of the award of this contract amendment shall be published in a newspaper within 10 days of adoption.
8. Mikesell & Cioban Partners t/a Mikesell & Associates 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 any prohibited contributions to a political or candidate committee in the City of Newark in the previous one year, and the contract will prohibit Mikesell & Cioban Partners t/a Mikesell & Associates, from making any prohibited contributions through the term of the contract.
9. Mikesell & Cioban Partners t/a Mikesell & Associates, has completed a certification affirming that it has read and is in compliance with the Contractor Payto-Play Reform Ordinance, 2:4-22C.
10. A fully executed copy of this contract amendment shall be filed in the Office of the City Clerk by the Director of the Department of Engineering or his designee.
11. 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 and the Contractor Pay-to-Play Reform Ordinance, 2:4-22C.
STATEMENT
This resolution authorizes the Mayor and/or his designee and the Director of Engineering, to execute Amendment #1 to Contract #18-2011PS Engineering Design and Architectural Services for the City's Archives Building, 295 Halsey Street, Newark, New Jersey 07102, to amend the term from January 16, 2013 through January 15, 2014 to January 16, 2013 through January 15 2015, with Mikesell & Cioban Partners t/a Mikesell & Associates, 17 Academy Street, Suite 800, Newark, New Jersey 07102, at no additional cost to the City. The contract amendment is hereby ratified from January 15, 2014 to the date of the adoption of this resolution.