Title
Dept/ Agency: Water and Sewer Utilities
Action: (X) Ratifying (X) Authorizing (X) Amending
Type of Service: Change Order/Amend Resolution 7R12-b February 6, 2014
Purpose: To execute Change Order #1
Entity Name: Montana Construction Corporation, Inc.
Entity Address: 80 Contant Avenue, Lodi, New Jersey 07644
Contract Amount: Original Contract Amount of $1,696,446.00, to be increased by $145,938.26 for a Final Contract Amount of $1,842,384.26
Funding Source: Department of Water and Sewer Utilities Budget
Contract Period: 180 day from Notice to Proceed
Contract Basis: (X) Bid ( ) State Vendor ( ) Prof. Ser. ( ) EUS
(X) Fair & Open ( ) No Reportable Contributions ( ) RFP ( ) RFQ
( ) Private Sale ( ) Grant ( ) Sub-recipient ( ) n/a
Additional Information:
Necessary Change Order #1 which increased the contract amount by $145,938.26.
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WHEREAS, Resolution 7R12-b February 6, 2014 authorized the award of Contract 11-WS2004 CSO Solids/Floatables Control Measures Phase III (C) Netting Facility at Freeman Street Site, with Montana Construction Corporation, Inc., 80 Contant Avenue, Lodi, New Jersey 07644, (“Montana”) for an amount not to Exceed of $1,696,446.00 in accordance with Local Public Contracts Law N.J.S.A. 40A:11-1 et seq.; and
WHEREAS, Montana Construction carried out construction under Contract 11-WS2004 with the following necessary modifications: the Contract amount was reduced by $13,500.00 for unused quantities and increased by $159,438.26 for additional work and modifications that had to be performed as detailed in the attached Change Order #1; and
WHEREAS, these necessary modifications resulted in a net increase of $145,938.26 to the total Contract amount; and
WHEREAS, the necessary modifications prevented additional public health and safety concerns, and were made in the best interests of the City; and
WHEREAS, the Department of Water and Sewer Utilities wishes to execute Change Order #1 to Contract 11-WS2004 CSO Solids/Floatables Control Measures Phase III (C) Netting Facility at Freeman Street Site, with Montana Construction Corporation, Inc., which amends the Contract by increasing the contract amount by $145,938.26 and brings the final contract amount to $1,842,384.26.
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 Water and Sewer Utilities, is hereby authorized, on behalf of the City of Newark, to amend Contract 11-WS2004 CSO Solids/Floatables Control Measures Phase III (C) Netting Facility at Freeman Street Site, with Montana Construction Corporation, Inc., 80 Contant Avenue, Lodi, New Jersey 07644, by executing Change Order #1 thereby increasing the contract amount by $145,938.26, and bringing the final contract amount to $1,842,384.26.
2. The amendment is ratified back to the date that the modifications were implemented as the changes were necessary to prevent public health and safety concerns, and were made in the best interest of the City.
3. The additional funds in the amount of $145,938.26 required for this Change Order #1 are provided as follows:
Business Unit: NW044, Department ID: S05, Div/Project: 05S20,
Account# 94710
4. A fully executed copy of Change Order #1 shall be filed in the office of the City Clerk by the Director of the Department of Water and Sewer Utilities.
5. If required by State Law, the City Clerk shall provide the appropriate notice of the award of this contract to the State Comptroller no later than twenty (20) days following such award, in accordance with N.J.S.A. 52:15C-10 and the notice of the Office of the State Comptroller dated May 7, 2008.
STATEMENT
This resolution ratifies and authorizes the Mayor and/or his designee, the Director of the Department of Water and Sewer Utilities, to amend Contract 11-WS2004 CSO Solids/Floatables Control Measures Phase III (C) Netting Facility at Freeman Street Site with Montana Construction Corporation, Inc., 80 Contant Avenue, Lodi, New Jersey 07644, by executing Change Order #1 which increases the contract amount by $145,938.26 and brings the total contract amount to $1,842,384.26.