Title
Dept/ Agency: Water and Sewer Utilities
Action: (X) Ratifying (X) Authorizing (X) Amending
Type of Service: Change Order #2/Amend Resolution 7R12-a(S) adopted on October 29, 2019 and 7R12-d adopted on June 24, 2020
Purpose: To execute contract close out Change Order #2 for Phase-2(B) Lead Service Line Replacement, Contract 15-WS2019.
Entity Name: Underground Utilities Corporation
Entity Address: 711 Commerce Road, Linden, New Jersey 07036
Contract Amount: Not to exceed $4,760,789.32
Funding Source: Water and Sewer Utility Capital Budget/NW041-18W-18W00-94710-B2018
Contract Period: 445 calendar days from the date of the issuance of the 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:
Resolution 7R12-a(S), adopted on October 29, 2019, awarded a contract in an amount not exceed $3,979,670.00 for a period of 270 calendar days from the date of an issuance of a Notice to Proceed.
Resolution 7R12-d, adopted on June 24, 2020, authorized Change Order #1, which increased the original contract amount by $795,000.00 for a new total contract amount not to exceed $4,774,670.00.
Contract Close Out Change Order #2 amends the amount of the contract to be reduced by $13,880.68, for a new total contract amount not to exceed $4,760,789.32 and extends the contract time by 175 additional calendar days, for a total contract period of 445 calendar days from the date of the issuance of a Notice to Proceed.
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WHEREAS, Resolution 7R12-a(S) adopted on October 29, 2019 authorized the award of Contract 15-WS2019 to Underground Utilities Corporation, 711 Commerce Road, Linden, New Jersey 07036, in the amount not to exceed $3,979,670.00, in accordance with the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.; and
WHEREAS, Resolution 7R12-d adopted on June 24, 2020 authorized Change Order #1 to Contract 15-WS2019 with Underground Utilities Corporation for an increase amount of $795,000.00 for a new total contract amount not to exceed $4,774,670.00; and
WHEREAS, Contract 15-WS2019 is to be amended with a net reduction in contract amount by Thirteen Thousand Eight Hundred Eighty Dollars and Sixty-Eight Cents ($13,880.68), and a contract time extension of 175 calendar days, for a total contract period of 445 calendar days from the date of the issuance of the Notice to Proceed; and
WHEREAS, the Department of Water and Sewer Utilities wishes to execute Contract Closeout Change Order #2 to Contract 15-WS2019 Phase-2(B) Lead Service Line Replacement Project with Underground Utilities Corporation, 711 Commerce Road, Linden, New Jersey 07036, which reduces the contract amount by Thirteen Thousand Eight Hundred Eighty Dollars and Sixty-Eight Cents ($13,880.68) bringing the final contract amount not to exceed Four Million Seven Hundred Sixty Thousand, Seven Hundred Eighty-Nine Dollars and Thirty-Two Cents ($4,760,789.32), and a contract time extension of 175 calendar days, for a total contract period of 445 calendar days from the date of the issuance of the Notice to Proceed; and
WHEREAS, the Municipal Council adopted the Contractor Pay-to-Play Reform Ordinance, R.O. 2:4-22C, 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; candidate 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 enter to and execute Contract Closeout Change Order #2 to Contract 15-WS2019 Phase-2(B) Lead Service Line Replacement Project with Underground Utilities Corporation, 711 Commerce Road, Linden, New Jersey 07036, reducing the contract amount by Thirteen Thousand Eight Hundred Eighty Dollars and Sixty-Eight Cents ($13,880.68) bringing the final contract amount not to exceed Four Million Seven Hundred Sixty Thousand, Seven Hundred Eighty-Nine Dollars and Thirty-Two Cents ($4,760,789.32) with a contract time extension of 175 calendar days, for a total contract period of 445 calendar days from the date of the issuance of the Notice to Proceed.
2. No funds are required for this Contract Closeout Change Order #2.
3. This resolution reducing the contract amount and extending the contract time, is ratified from the date of the contract award to the date of adoption of this authorizing resolution.
4. A fully executed copy of the Closeout Change Order #2 shall be filed in the Office of the City Clerk by the Director of the Department of Water and Sewer Utilities.
5. A fully executed copy of the Closeout Change Order #2 shall be filed with the New Jersey Department of Environmental Protection (NJDEP) by the Director of the Department of Water and Sewer Utilities.
5. This contract was solicited and awarded pursuant to the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.
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 and authorizes the Mayor and/or his designee, the Director of the Department of Water and Sewer Utilities, to enter into and execute Contract Closeout Change Order #2 to Contract 15-WS2019 Phase-2(B) Lead Service Line Replacement with Underground Utilities Corporation, 711 Commerce Road, Linden, New Jersey 07036, which amends the original contract by reducing the contract amount by $13,880.68 bringing the final contract amount not to exceed $4,760,789.32, and extends the contract time by 175 calendar days, for a total contract period of 445 calendar days from the date of the issuance of the Notice to Proceed.