Title
Dept/ Agency: Economic and Housing Development
Action: (X) Ratifying (X) Authorizing (X) Amending
Type of Service: Professional Services Contract
Purpose: First Amendment to the Agreement to Provide Professional Services, as Planning Consultants, to increase contract amount by $50,000.00
Entity Name: Heyer, Gruel & Associates, P.A.
Entity Address: 236 Broad Street, Red Bank, New Jersey 07701-2003
Contract Amount: Not to Exceed $200,000.00
Funding Source: Community and Economic Development Trust Fund
Contract Period: January 1, 2018 through December 31, 2018
Contract Basis: ( ) Bid ( ) State Vendor (X) Prof. Ser. ( ) EUS
(X ) Fair & Open ( ) No Reportable Contributions ( ) RFP ( ) RFQ
( ) Private Sale ( ) Grant ( ) Sub-recipient ( ) n/a
Additional Information:
Contract Awarded - Resolution 7R2-m (AS) adopted on May 10, 2018 awarded contract for $150,000.00; Amendment increases contract award by $50,000.00 for a new contract total amount not to exceed $200,000.00
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WHEREAS, planning consultant services are Professional Services and are exempt from the requirements for public bidding pursuant to the Local Public Contracts Law, specifically N.J.S.A. 40A:11-5(1)(a)(i); and
WHEREAS, the Municipal Council of the City of Newark (the “Council”) by Resolution 7R2-m (AS), adopted on May 10, 2018, awarded a professional services contract to Heyer, Gruel & Associates, P.A., 263 Broad Street, Red Bank, New Jersey 07701, to serve as Planning Consultants for an amount not to exceed One Hundred and Fifty Thousand Dollars and Zero Cents ($150,000.00), for the period of January 1, 2018 through December 31, 2018; and
WHEREAS, this contract is for an amount over $17,500.00 and was awarded as a Fair and Open Contract pursuant to N.J.S.A. 19:44A-20.5; and
WHEREAS, the contract was awarded in compliance with Local Public Contracts Law (N.J.S.A. 40a:11-5(1)(a)(i), and 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 Contractor Pay-to-Play Reform Ordinance 2:4-22C; and
WHEREAS, Heyer, Gruel & Associates, P.A., currently has outstanding bills for 2018 pending matters, which exhausted the total contract amount; and
WHEREAS, the outstanding bills for 2018 require an increase in the total contract amount; and
WHEREAS, Heyer, Gruel, & Associates represents that an additional Fifty Thousand Dollars and Zero Cents ($50,000.00) is necessary for the firm to continue to provide planning consulting services through December 31, 2018; and
WHEREAS, the requested increase in the total contract amount is deemed reasonable and necessary to pay for planning consultant services provided through December 31, 2018; and
WHEREAS, the award of an additional Fifty Thousand Dollars and Zero Cents ($50,000.00) brings the total contract to an amount not to exceed Two Hundred Thousand Dollars and Zero Cents ($200,000.00) for January 1, 2018 through December 31, 2018.
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 Economic and Housing Development, are hereby authorized and directed on behalf of the City of Newark (the “City”) to enter into and execute a First Amendment to the Agreement to provide planning services with Heyer, Gruel & Associates, P.A., 236 Broad Street, Red Bank, New Jersey 07701-2003, provided through December 31, 2018 for an additional Fifty Thousand Dollars and Zero Cents ($50,000.00) for the period of January 1, 2018 through December 31, 2018, to cover outstanding bills and new matters that may arise during the term of the contract.
2. The Municipal Council hereby ratifies this first contract amendment from the date of the adoption of this resolution to January 1, 2018.
3. All other terms and conditions of the contract shall remain the same.
4. This First Amendment to the Agreement to provide Planning Consultant Services is made in accordance with the professional services exception to public bidding in the Local Public Contracts Law (N.J.S.A. 40a:11-5(1)(a)(i), and 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 Contractor Pay-to-Play Reform Ordinance 2:4-22C.
5. Attached are Certification of Funds from the Director of Finance stating that there are available, sufficient and appropriated funds in the amount of Fifty Thousand Dollars and Zero Cents ($50,000.00) for the purposes set herein and the line appropriations which shall be charged are as follows:
Bus. Unit Dept. ID Div/Proj. Acct.# Budget Ref.
NW026 BS N/A 32100 B2018
6. A copy of the executed First Amendment to the Agreement to provide planning consultant services herein authorized shall be filed in the Office of the City Clerk by the Director of the Department of Economic and Housing Development and shall be made available for public inspection.
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 ratifies, amends, authorizes and directs the Mayor and/or his designee, the Director of the Department of Economic and Housing Development, to enter into and execute a First Amendment to the Agreement with Heyer, Gruel & Associates, P.A., 236 Broad Street, Red Bank, New Jersey 07701-2003, to cover outstanding bills, ongoing matters and new matters that may arise during the term of the contract for planning consulting services for an additional Fifty Thousand Dollars and Zero Cents ($50,000.00), for a total contract amount not to exceed Two Hundred Thousand Dollars and Zero Cents ($200,000.00) for the period of January 1, 2018 through December 31, 2018.