Title
Dept/ Agency: Water and Sewer Utilities
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Change Order/Amend Resolution # 7R12-b(as), adopted on November 2, 2022
Purpose: To execute Contract, Close out Change Order #1 Replacement of Fire Hydrants - Contract #05-WS2022
Entity Name: Montana Construction Corp., Inc.
Entity Address: 80 Contant Avenue, Lodi, New Jersey 07644
Contract Amount: Increase the contract amount by $21,205.00 for total not to exceed $2,196,360.00
Funding Source: 2025 Capital Budget/Department of Water and Sewer Utilities/NW037-750-7505-71960-B2025
Contract Period: 365 calendar days from the date of the issuance of a written Notice to Proceed until final completion
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-b(as) adopted on November 2, 2022, awarded a contract in an amount not to exceed $2,175,155.00 for a period of 365 calendar days from the date of the issuance of a written Notice to Proceed until final completion.
Closeout Change Order #1 increases the contract amount by $21,205.00 for a new total contract amount not to exceed $2,196,360.00, with no extension to the contract period
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WHEREAS, Resolution 7R12-b(as) adopted on November 2, 2022, authorized the award of Contract 05-WS2022, Replacement of Fire Hydrants, to Montana Construction Corp., Inc. 80 Contant Avenue, Lodi, New Jersey 07644, in the amount of $2,175,155.00 for a period of 365 calendar days to final completion from the date of the written Notice to Proceed, in accordance with the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.; and
WHEREAS, the Department of Water and Sewer Utilities determined that additional work related to the Replacement of Fire Hydrants services was essential to maintain uninterrupted operations, thereby necessitating the authorization of Closeout Change Order No. 1, to finalize and close out the contract by quantity adjustments, increasing the total contract amount by $21,205.00 for a revised total not to exceed $2,196,360.00, with no change to the original contract duration;
WHEREAS, a new contract for the Replacement of Fire Hydrants services has since been executed and is now in place to continue these essential services;
WHEREAS, Contract 05-WS2022, is to be amended with an increase net amount of $21,205.00 and no extension on final completion of 365 calendar days from the date of the written Notice to Proceed; and
WHEREAS, the Department of Water and Sewer Utilities, wishes to enter into and execute a Contract Close out Change Order #1 to Contract 05-WS2022, Replacement of Fire Hydrants, with Montana Construction Corp., Inc. with an increase in the contract amount by $21,205.00 for a new contract amount of $2,196,360.00 and no extension on final completion of 365 calendar days from the date of the written Notice to Proceed.
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, are authorized to enter into and execute Contract Close Out Change Order #1 to Contract 05-WS2022, Replacement of Fire Hydrants with Montana Construction Corp., Inc. to increase the contract amount by $21,205.00 bringing the final contract amount to $2,196,360.00, and no extension on final completion of 365 calendar days from the date of the written Notice to Proceed.
2. Attached hereto is a partial Certification of Funds from the Chief Financial Officer which states the funds in the amount of $5,000.00 are available is the Department of Water and Sewer Utilities Budget under Business Unit NW037, Department ID 750, Division 7505, Account 71960 B2025. The remaining balance will be certified from the 2025 Budget. A copy of the Certification of Funds shall be filed in the Office of the City Clerk.
3. This Close Out Change Order is ratified from the date of the Contract Change Order Proposal and Acceptance (Close out Change Order #1) to the date of this authorizing Resolution.
4. A fully executed copy of the Close out 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. A fully executed copy of the Close out Change Order #1 shall be filed with the New Jersey Department of Environmental Protection (NJDEP) by the Director of the Department of Water and Sewer Utilities.
6. If required by State Law, the Acting 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 and/or his designee, the Director of the Department of Water and Sewer Utilities, to enter into and execute Contract Close out Change Order #1 to Contract 05-WS2022, Replacement of Fire Hydrants with Montana Construction Corp., Inc. increasing the contract amount by $21,205.00 for a total contract amount of $2,196,360.00, and no extension on final completion of 365 calendar days from the date of the written Notice to Proceed.