Title
Dept/ Agency: Water and Sewer Utilities
Action: (X) Ratifying (X) Authorizing (X ) Amending
Type of Service: Change Order #2/Amend Resolution 7R12-a(AS) adopted on September 5, 2019 and 7R12-b adopted on October 7, 2020
Purpose: Pequannock Watershed Dams/Reservoir Security Improvements - Phase 1 Contract 18-WS2018
Entity Name: Millennium Communications Group, Inc.
Entity Address: 11 Melanie Lane, Unit 13, East Hanover, New Jersey 07936
Contract Amount: Not to exceed $1,948,168.78
Funding Source: 2006 Budget/Department of Water and Sewer Capital Budget/NW041-W06-06S20-94710-B2006
Contract Period: 715 calendar days from the date of the issuance of a Notice to Proceed, with an end date of August 27, 2021
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:
Original Resolution 7R12-a(AS) adopted on September 5, 2019, awarded a contract in an amount not to exceed $1,948,168.78, for a period of sixty (60) calendar days for base bid items and 120 calendar days for supplemental bid items, from the date of the issuance of a Notice to Proceed.
Change Order #1 extended the completion time to 535 calendar days from the date of the issuance of a Notice to Proceed, with an end date of December 4, 2020.
Change Order #2 will extend the completion time to 715 days from the date of the issuance of a Notice to Proceed, with an end date of August 27, 2021.
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WHEREAS, Resolution 7R12-a(AS) adopted on September 5, 2019, authorized the award of Contract 18-WS2018 to Millennium Communications Group, Inc., 11 Melanie Lane, Unit 13, East Hanover, New Jersey 07936, in the amount of $1,948,168.78 in accordance with the Local Public Contracts Law, N.J.S.A. 40A: 11-1 et seq.; and
WHEREAS, Change Order #1, by Resolution 7R12-b dated October 7, 2020, extended the completion of the contract to five hundred and thirty five (535) calendar days’ from the date of issuance of Notice to Proceed.
WHEREAS, due to changing field conditions and the need for the contractor to rely on utility providers, a time delay occurred, so the contractors could coordinate with the utility providers to carry out the work. Also, due to the end of life age of the equipment, the City of Newark requested a server hardware upgrade. Software upgrades implemented also affected the out of location software, requiring further upgrades and extra time. In addition, a railroad crossing permit was needed to be secured to work at certain locations, leading to more time delays; and
WHEREAS, Contract 18-WS2018 is to be amended with no change in contract amount, and changing the contract completion time to seven hundred fifteen (715) calendar days; and
WHEREAS, the Department of Water and Sewer Utilities wishes to execute Change Order #2 to Contract 18-WS2018 Pequannock Watershed Dams/Reservoir Security Improvements - Phase 1, Millennium Communications Group, Inc., 11 Melanie Lane, Unit 13, East Hanover, New Jersey 07936 with no change in the contract amount, and extending the contract completion time to seven hundred fifteen (715) calendar days; and
WHEREAS, the Municipal Council adopted the Contractor Pay-to-Pay Reform Ordinance R.O. 2:4-22 C, which forbids the award of a contract of a Business Entity, as defined therein, which has made or solicited political contributions to Newark Municipal Candidates, office holders having ultimate responsibility for the award of a contract; candidates committees of the aforementioned candidates, and political or political party committees of the City of Newark or County of Essex; and continuing political committees or political action committees regularly engaged in the support of the City of Newark Municipal or County of Essex elections; and certain other political party or candidate committees, in excess of certain thresholds.
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
1. The Municipal Council hereby authorizes the Mayor and/or his designee, the Director of the Department of Water and Sewer Utilities, to amend the contract by executing Change Order #2 to Contract 18-WS2018 Pequannock Watershed Dams/Reservoir Security Improvements - Phase 1, Millennium Communications Group, Inc., 11 Melanie Lane, Unit 13, East Hanover, New Jersey 07936 and with no change of the contract amount, and extending the contract completion time to seven hundred fifteen (715) calendar days from the Notice to Proceed.
2. No funds are required for this Change Order #2.
3. A fully executed copy of the Change Order #2 shall be filed in the Office of the City Clerk by the Director of the Department of Water and Sewer Utilities.
4. This contract was solicited and awarded pursuant to the provisions of the Local Public Contracts Law N.J.S.A. 40A:11-1 et seq., and is in compliance with the City's Contractor Pay-to-Play Reform Ordinance, R.O. 2:4-22C.
5. This contract is ratified from September 15, 2019 to the date of adoption of this authorizing resolution.
6. 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) Business 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
Resolution ratifies and authorizes the Mayor and/or his designee, the Director of the Department of Water and Sewer Utilities, to execute Change Order #2 to Contract 18-WS2018 Pequannock Watershed Dams/Reservoir Security Improvements - Phase 1 with Millennium Communications Group, Inc., 11 Melanie Lane, Unit 13, East Hanover, New Jersey 07936, with no change in the contract amount and amends the term by extending the contract completion time to seven hundred fifteen (715) calendar days from the issuance of the Notice to Proceed.