Title
Dept/ Agency: Water and Sewer Utilities
Action: (X) Ratifying (X) Authorizing (X) Amending
Type of Service: Change Order/Amend Resolution Change Order #2 to Amend Resolution 7R12-a Adopted July 5, 2025
Purpose: To execute Contract Change Order #2 for the Rehabilitation of the Pequannock Aqueducts - Contract #14-WS2023
Entity Name: Hutton Construction, LLC
Entity Address: 41 Village Park Road, Cedar Grove, New Jersey 07009
Contract Amount: Increase the contract amount by $662,758.81 for a new contract amount not to exceed $14,876,037.22
Funding Source: 2023 Budget/Department of Water and Sewer Utilities/Business Unit: NW041, Dept. 23W, Div/Proj 23W00, Account #94710, Budget Ref. B2023
Contract Period: 1,102 calendar days from the date of the written Notice to Proceed
Contract Basis: (X) Bid ( ) State Vendor ( ) Prof. Ser. ( ) EUS
( ) Fair & Open ( ) No Reportable Contributions ( ) RFP ( ) RFQ
( ) Private Sale ( ) Grant ( ) Sub-recipient ( ) n/a
Additional Information:
Resolution 7R12-a(as) adopted on June 5, 2024 awarded a contract in an amount not to exceed $13,119,347.00 for a period of 640 calendar days from the date of the written Notice to Proceed to final completion.
Change Order #1 Resolution adopted on July 2, 2025 increased the Contract amount by $1,093,931.41 for a new total contract amount not to exceed of $14,213,278.41, and will increase the contract period by 482 calendar days for a new completion period of 1,102 calendar days from the date of Notice to Proceed to final completion.
Change Order #2 will increase the contract amount by $662,758.81 for a new total contract amount not to exceed $14,876,037.22 for a period of 1,102 calendar days from the date of Notice to Proceed to final completion.
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WHEREAS, 7R12-a(as) adopted on June 5, 2024, authorized the Director of the Department of Water and Sewer Utilities (“the Director”) to execute Contract 14-WS2023, Rehabilitation of Pequannock Aqueducts, with Hutton Construction, LLC (“Hutton”), 41 Village Road, Cedar Grove, New Jersey 07009, in the amount of $13,119,347.00 for a period of 620 calendar days from the date of the written Notice to Proceed, in accordance with the Local Public Contracts Law, N.J.S.A. 4A:11-1 et seq: and
WHEREAS, 7R12-a adopted on July 2, 2025, authorized the Director to execute Change Order #1 to Contract 14-WS2023, Rehabilitation of Pequannock Aqueducts, with Hutton and increased the contract amount by $1,093,931.41 for a new total contract amount not to exceed $14,213,278.41, and increased the contract period by 782 calendar days for a new completion period of 1,102 calendar days from the date of the written Notice to Proceed to final completion; and
WHEREAS, Change Order #2 is associated with differing unforeseen site conditions which were discovered at multiple project locations along the overall project locations along the overall project length, including Les Mickens bridge masonry repairs and masonry headwall, improvements for an isolation chamber at Cedar Crest and depth of cover at Jericho and Stonybrook (as more fully set forth in attached documents); and
WHEREAS, at the Les Mickens Bridge, in coordination with the State Historic Preservation Office (SHPO) masonry repairs were needed to address deteriorating structural conditions; and
WHEREAS, at Cedar Crest Isolation Chamber, Alternative Bid Form A-1 has included has been included as part of the project; and
WHEREAS, at the Jericho Site #6, the cover depth was observed to be less than 2-feet of cover, requiring roadway improvements so large equipment and materials could have safe access to the site and enable long term access to the location by City personnel following the completion of the project; and
WHEREAS, at Les Mickens Roadway, an old masonry headwall was observed to be collapsed, prompting clearing of debris, construction of Gabion wingwalls and a headwall, relocation of large native rocks to dissipate outflow and limit scouring, and the Gabion retention walls were extended; and
WHEREAS, at Stonybrook, the cover depth was observed to be less than 2-feet of cover, requiring roadway improvements so large equipment and materials could have safe access to the site and enable long term access to the location by City personnel following the completion of the project; and
WHEREAS, pursuant to N.J.A.C. 5:30-11 et eq. Contract No. 14-WS2023 is to be amended to include an increase in the contract amount by Six Hundred Sixty-Two Thousand Seven Hundred Fifty-Eight Dollars and Eight-One Cents ($662,758.81) for a new contract amount of Fourteen Million Eight Hundred Seventy-Six Thousand and Thirty-Seven Dollars and Twenty-Two Cents ($14,876,037.22) and no extension on final completion of 1,102 calendar days from the date of the written Notice to Proceed.
WHEREAS, the Department of Water and Sewer Utilities wishes to enter into and execute a Contract Change Order #2 to Contract 14-WS2023, the Rehabilitation of the Pequannock Aqueducts with Hutton Construction, LLC, with an increase in the contract amount by Six Hundred Sixty-Two Thousand Seven Hundred Fifty-Eight Dollars and Eight-One Cents ($662,758.81) for a new contract amount of Fourteen Million Eight Hundred Seventy-Six Thousand Thirty-Seven Dollars and Twenty-Two Cents ($14,876,037.22) and no extension on final completion of 1,102 calendar days from the date of the written Notice to Proceed.
NOW, THEREFORE, BE IR RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSY, THAT:
1. The Mayor of the City of Newark and/or his designee, the Director of the Department of Water and Sewer Utilities, are authorized to enter into and execute Contract change order #2 to Contract 14-WS2023, Rehabilitation of the Pequannock Aqueduct with Hutton Construction, LLC, 41 Village Park Road, Cedar Grove, New Jersey 07009 to increase the contract amount by Six Hundred Sixty-Two Thousand Seven Hundred Fifty-Eight Dollars and Eight-One Cents ($662,758.81) bringing the contract amount to Fourteen Million Eight Hundred Seventy-Six Thousand Thirty-Seven Dollars and Twenty-Two Cents ($14,876,037.22) and no extension on final completion of 1,102 calendar days from the date of the written Notice to Proceed.
2. Change Order #2 also referred to as Contract Modification Proposal and Acceptance, Modification No. 2 is ratified from November 4, 2025 to the date of adoption of this authorizing resolution.
3. Attached hereto is a Certification of Funds from the Chief Financial Officer, which states that funds in the amount of Six Hundred Sixty-Two Thousand Seven Hundred Fifty-Eight Dollars and Eight-One Cents ($662,758.81), are available in the Water and Sewer Utilities Capital Budget under Business Unit NW041, Department ID 23W, Division/Project 23W00, Account #94710, Budget Ref. B2023 which shall be filed along with the original Resolution in the Office of the City Clerk.
4. A fully executed copy of the Change Order #2 shall be filed in the Office of the City Clerk by the Director.
5. A fully executed copy of the Change Order #2 shall be filed with the New Jersey Department of Environmental Protection by the Director.
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
This Resolution ratifies, amends and authorizes the Mayor of the City of Newark and/or his designee, the Director of the Department of Water and Sewer Utilities, to enter into and execute Contract Change Order #2 to Contract 14-WS2023, Rehabilitation of the Pequannock Aqueducts with Hutton Construction, LLC, increasing the contract amount by $662,758.81 for a total amount of $14,876,037.22, and no extension on final completion of 1,102 calendar days from the date of the written Notice to Proceed.