Title
Dept/ Agency: Engineering
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Change Order/Amend Resolution
Purpose: Various Streets-2013 (7 Locations) - ATP 2013 Newark Project
Entity Name: Granada Construction Corp.
Entity Address: 147 Thomas Street, Newark, New Jersey 07114
Contract Amount: Increase the amount of Contract by $176,479.00 for a new total of $1,806,079.18 (Change Order #1)
Funding Source: NJDOT
Contract Period: Extend Contract to December 22, 2015
Contract Basis: ( ) Bid ( ) State Vendor ( ) Prof. Ser. ( ) EUS
( ) Fair & Open ( ) No Reportable Contributions ( ) RFP ( ) RFQ
( ) Private Sale ( ) Grant ( ) Sub-recipient ( ) n/a
Additional Information:
Resolution 7R4d, adopted, September 4, 2014; Original Contract Amount- $1,629,600.18 + Change Order #1- $176,479.00, new total $1,806,079.18.
body
WHEREAS, Resolution 7R4-D, adopted September 4, 2014, authorized the Director of the Department of Engineering to accept the bid proposal and execute Contract No. 20-2013, Various Streets-2013 (7 Locations) - ATP 2013 Newark Project, with Granada Construction Corp., 147 Thomas Street, Newark, New Jersey 07114, for the amount of $1,629,600.18; and
WHEREAS, the Department of Engineering needs to increase existing quantities for drainage repairs, concrete curb and sidewalk, asphalt and striping due to unforeseen conditions. During construction additional curb and sidewalk, and drainage was identified along Foundry Street and Somme Street that were previously in good condition when the design surveys were done. This additional work was unforeseen and could not be anticipated when the design of this project took place. In addition, the original contract quantities for milling and paving were underestimated for both Foundry Street and Somme Street. These additional work items are necessary in order to complete the ongoing work along the streets for the original contract; and
WHEREAS, Change Orders to change the quantity or character of goods provided or services performed from that originally specified or estimated and to correspondingly change the payment due therefore are authorized up to an amount of twenty (20%) percent or the original contract amount pursuant to N.J.A.C. 5:30-11.3, provided same do not substantially change the quality or character of the items or work to be provided, inasmuch as such would have been a determining factor in the original bidding; and
WHEREAS, Change Orders for construction contracts may be issued to address unforeseeable problems, which are defined as conditions or circumstances that could not be foreseen at the time the specifications were written and the contract awarded; provided that a substantial amount of the construction would be delayed, which would result in substantial increases in costs above the original contract amount or substantial inconvenience to the public if bidding were to be required; and minor modifications to effect economies, improve service or resolve minor problems with affected property owners pursuant to N.J.A.C. 5:30-11.8; and
WHEREAS, due to the above unforeseen conditions, the Department of Engineering wishes to enter into Change Order #1 to increase the amount of Contract No. 20-2013 by $176,479.00 and extend the time to amend the contract term from October 22, 2015 through December 22, 2015 to address the above-referenced unforeseeable conditions.
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 the Department of Engineering is hereby authorized on behalf of the City of Newark to execute Change Order No. 1 to Contract No. 20-2013, Various Streets -2013 (7 Locations) - ATP 2013 Newark Project, with Granada Construction Corp., 147 Thomas Street, Newark, New Jersey 07114, increasing the contract amount by no more than $176,479.00, thereby bringing the total amount of this contract to $1,806,079.18 and extending the time to complete this contract to December 22, 2015, in order to address unforeseeable conditions that could not be foreseen at the time the specifications were written and the contract awarded; provided that a substantial amount of the construction would be delayed, which would result in substantial increases in costs above the original contract amount or substantial inconvenience to the public if bidding were to be required; provided that such change order shall not either increase or decrease any contract amount by more than 20%, nor affect the overall scope of work of the contract, without further approval of the Municipal Council.
2. A fully executed copy of Change Order #1 to Contract No. 20-2013, shall be filed in the Office of the City Clerk by the Director of Engineering.
3.Consistent with the provisions of the Local Public Contracts Law, N.J.S.A. 40:A:11-15(9), the Director of the Department of Engineering is authorized to extend the time to complete this contract to December 22, 2015.
4. No other changes to this contract are allowed without prior Municipal Council approval.
5. Attached hereto is a Certification of Funds from the Acting Director of Finance of the City of Newark, which states (1) that there are sufficient funds for the hereinabove Change Order #11 and (2) the line appropriation of the official budget which shall be charged is Business Unit: NW051; Department G13; Division E13C0; Account 71930; Budget B2013.
STATEMENT
This Resolution authorizes the Mayor and/or his designee and the Director of the Department of Engineering to issue Change Order#1 to Contract No. 20-2013, Various Streets-2013 (7 Locations) - ATP 2013 Newark Project, with Granada Construction Corp., 147 Thomas Street, Newark, New Jersey 07114, increasing the contract amount by no more than $176,479.00, thereby bringing the total amount of this contract to $1,806,079.18 and extending the time to complete this contract to December 22, 2015 in order to address unforeseeable conditions that could not be foreseen at the time the specifications were written and the contract awarded.