Title
Dept/ Agency: Water and Sewer Utilities
Action: (X) Ratifying (X) Authorizing (X) Amending
Type of Service: Change Order/Amend Resolution Change Order #2/Amend Resolution 7R12-b(AS) adopted on December 19, 2018 and 7R12-c adopted on June 24, 2020
Purpose: To execute contract close out Change Order #2 for Phase-1(A) Lead Service Line Replacement, Contract 11-WS2018 (Re-bid).
Entity Name: Pacific Construction, LLC
Entity Address: 532 US Highway 22 East, #240, Whitehouse Station, New Jersey 08889
Contract Amount: Not to exceed $4,589,507.52
Funding Source: 2018 Budget/Water and Sewer Utility Capital Budget/NW041-18W-18W00-94710-B2018
Contract Period: 788 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-b(AS), adopted on December 19, 2018, awarded a contract in an amount not exceed $3,830,525.00 for a period of 365 calendar days from the date of an issuance of a Notice to Proceed.
Resolution 7R12-c adopted on June 24, 2020, authorized Change Order #1, which increased the original contract amount by $763,655.00 for a new total contract amount not to exceed $4,594,180.00, and extended contract period by 210 days, for a total contract period of 575 calendar days from the date of issuance of the Notice to Proceed.
Contract Close Out Change Order #2 amends the amount of the contract to be reduced by $4,672.48, for a new total contract amount not to exceed $4,589,507.52 and extends the contract period by 213 days, for a total contract period of 788 calendar days from the date of the issuance of a Notice to Proceed.
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WHEREAS, Resolution 7R12-b(AS) adopted on December 19, 2018 authorized the award of Contract 11-WS2018 (Re-bid) to Pacific Construction, LLC., 532 US Highway 22 East, #240, Whitehouse Station, New Jersey 08889, in the amount not to exceed $3,830,525.00, in accordance with the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.; and
WHEREAS, Resolution 7R12-c adopted on June 24, 2020 authorized Change Order #1 to Contract 11-WS2018 (Re-bid) with Pacific Construction, LLC. for an increased amount of $763,655.00 for a new total contract amount not to exceed $4,594,180.00; and extended contract Period by 210 days, for a total contract period of 575 calendar days from issuance of the Notice to Proceed; and
WHEREAS, Contract 11-WS2018 (Re-bid) is to be amended with a net reduction in contract amount by $4,672.48, and a contract time extension of 213 days, for a total contract period of 788 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 11-WS2018 Phase-1(A) Lead Service Line Replacement program with Pacific Construction, LLC., 532 US Highway 22 East, #240, Whitehouse Station, New Jersey 08889, which reduces the contract amount by $4,672.48 bringing the final contract amount not to exceed $4,589,507.52, and a contract time extension period of 213 days, for a total contract period of 788 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 execute Contract Closeout Change Order #2 to Contract 11-WS2018 (Re-bid) Phase-1(A) Lead Service Line Replacement Program with Pacific Construction, LLC., 532 US Highway 22 East, #240, Whitehouse Station, New Jersey 08889, reducing the contract amount by $4,672.48 bringing the final contract amount not to exceed $4,589,507.52 with a contract extension of 213 days, for a total contract period of 788 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. The Director of the Department of Water and Sewer Utilities shall file 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. The Director of the Department of Water and Sewer Utilities shall file a fully executed copy of the Closeout Change Order #2 with the New Jersey Department of Environmental Protection (NJDEP).
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 execute Contract Closeout Change Order #2 to Contract 11-WS2018 (Re-bid) Phase-1 (A) Lead Service Line Replacement with Pacific Construction, LLC., 532 US Highway 22 East, #240, Whitehouse Station, New Jersey 08889, which amends the original contract by reducing the contract amount by $4,672.48 bringing the final contract amount not to exceed $4,589,507.52, and extends the contract period by 213 days, for a total contract period of 788 calendar days from the date of issuance of the Notice to Proceed.