Title
Dept/ Agency: Water and Sewer Utilities
Action: ( X ) Ratifying ( X ) Authorizing ( X ) Amending
Type of Service: Contract 10-WS2020, Process and Operational Upgrades at the Pequannock Water Treatment Plant: Revised Closeout Change Order #4
Purpose: To execute Revised Close-out Change Order #4 Process and Operational Upgrades at the Pequannock Water Treatment Plant - Contract 10-WS2020
Entity Name: Spectraserv, Inc.
Entity Address: 75 Jacobus Avenue, Kearny, New Jersey 07032
Contract Amount: Not to exceed $20,543,284.08
Funding Source: 2021Capital Budget/Department of Water and Sewer Utilities Utilities/NW041-21W-21W00-94710-B2021
Contract Period: 1255 calendar days to final completion from the date of the issuance of a 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:
Original Resolution 7R12-a(S) adopted on July 20, 2021, awarded a contract in an amount not to exceed $19,789,000.00, for a period of 560 calendar days from the date of the issuance of a written Notice to Proceed.
Resolution 7R12-a(S) adopted on December 13, 2022, authorized Change Order #1, which increased the contract amount by $357,075.07 for a total contract amount not to exceed $20,146,075.07 and increased the contract period by 130 calendar days for new completion contract period of 690 calendar days from the date of the issuance of a written Notice to Proceed.
Resolution 7R12-a adopted on September 7, 2023, authorized Change Order #2, which increased increase the contract amount by $397,209.01 for a new total contract amount not to exceed $20,543,284.08, and increased the contract period by 137 calendar days for a new contract period of 827 calendar days from the date of the issuance of a written Notice to Proceed.
Resolution 7R12-b Adopted March 20, 2024 Authorized Contract Close-out Change Order #3 Which closed the Project with no change in the contract amount of $20,543,284.08, but increased the contract period by 101 calendar days for a new contract period of 928 calendar days from the date of the issuance of a written Notice to Proceed.
Revised Contract Close-out Change Order #4 will close the Project with no change in the contract amount of $20,543,284.08, but will increase the contract period by 327 calendar days for a new contract period of 1255 calendar days from the date of the issuance of a written Notice to Proceed.
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WHEREAS, Resolution 7R12-a(S) adopted on July 20, 2021, authorized the award of Contract 10-WS2020, Process and Operational Upgrades at the Pequannock Water Treatment Plant, to Spectraserv, Inc., 75 Jacobus Avenue, Kearny, New Jersey 07032, in the amount of $19,789,000.00 for a period of (560) 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, Resolution 7R12-a (S) adopted on December 13, 2022, authorized Change Order #1 to Contract 10-WS2020 with Spectraserv, Inc., for an increased amount of $357,075.07 for a new total contract amount not to exceed $20,146,075.07 and an additional 130 additional calendar days for a new contract period of (690) calendar days from the date of a written Notice to Proceed; and
WHEREAS, Resolution 7R12-a adopted on September 7, 2023, authorized Change Order #2 to Contract 10-WS2020 with Spectraserv, Inc., for an increased amount of $397,209.01 for a new total contract amount not to exceed $20,543,284.08 and an additional 137 calendar days for a new contract period of 827 calendar days from the date of the written Notice to Proceed; and
WHEREAS, Resolution 7R12-b, adopted on March 20, 2024, authorized Close-out Change Order #3 for Contract 10-WS2020, with no changes to final quantities and an extension of 101 calendar days for a new contract period of 928 calendar days from the issuance from the date of the written Notice to Proceed; and
WHEREAS, the contract was funded through a short-term loan issued through New Jersey Infrastructure Bank with a maturity date of the loan in or around April 2024, as such, Close-out Change Order #3 was required by NJDEP and NJIB to close the loan on time ensuring principal forgiveness of the loan with substantial completion of the contract and punch list items remaining to final completion; and
WHEREAS, on January 17, 2025, during NJDEP’s final site visit, NJDEP requested a non-compensatory time extension Revised Change Order Close Out #4 be issued to document the completion date of checklist items and acceptance of the project as complete; and
WHEREAS, Revised Close-out Change Order #4 for Contract 10-WS2020 was completed with no changes to final quantities and an extension of 327 calendar days to the final completion date, for a new contract period of 1255 calendar days from the issuance of the written Notice to Proceed; and
WHEREAS, the Department of Water and Sewer Utilities wishes to enter into and execute a Contract Closeout Change Order #4 to Contract 10-WS2020, Process and Operational Upgrades at the Pequannock Water Treatment Plant, with Spectraserv, Inc., with no change in total contract amount of $20,543,284.08 and extending the contract completion time by (327) calendar days to final completion for a new contract period of 1255 calendar days from the issuance 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 of the City of Newark and/or his designee, the Director of the Department of Water and Sewer Utilities, is authorized to enter into and execute Contract Close-out Change Order #4 to Contract 10-WS2020, Process and Operational Upgrades at the Pequannock Water Treatment Plant with Spectraserv, Inc., 75 Jacobus Avenue, Kearny, New Jersey 07032, with no change in final contract amount of $20,543,284.08, and extending the contract completion time by 101 calendar days for a new completion period of (1255) calendar days from the date of the issuance of the written Notice to Proceed.
3. This Change Order is ratified from the date of the Contract Modification Proposal and Acceptance (Revised Close-out Change Order #4) to the date of this authorizing Resolution.
4. A fully executed copy of the Revised Close-out Change Order #4 shall be filed with the Office of the City Clerk and the New Jersey Department of Environmental Protection by the Director of the Department of Water and Sewer Utilities.
5. 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 of the City of Newark and/or his designee, the Director of the Department of Water and Sewer Utilities, to enter into and execute Revised Closeout Change Order #4 to Contract 10-WS2020, Process and Operational Upgrades at the Pequannock Water Treatment Plant with Spectraserv, Inc., 75 Jacobus Avenue, Kearny, New Jersey 07032, with no change in total contract amount of $20,543,284.08, and extending the contract completion time by (327) calendar days for a new completion period of (1255) calendar days from the date of the issuance of the written Notice to Proceed.