Title
Dept/ Agency: Water and Sewer Utilities
Action: ( X ) Ratifying ( X ) Authorizing ( X ) Amending
Type of Service: Change Order #1/Amend Resolution# 7R12-a(as) Adopted on June 5, 2024
Purpose: To execute Contract Change Order #1 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: Not to exceed $14,213,278.41
Funding Source: 2023 Budget/Department of Water and Sewer Utilities/Business Unit: NW041, Dept. 023W, Div./Proj. 23W00, Account #94710, Budget Ref. B2023
Contract Period: 1102 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 620 calendar days from the date of the written Notice to Proceed to final completion.
Change Order #1 will increase the contract amount by $1,093,931.41 for a new total contract amount not to exceed $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
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WHEREAS, 7R12-a(as) adopted on June 5, 2024, the Director of the Department of Water and Sewer Utilities to execute Contract 14-WS2023, rehabilitation of the Pequannock Aqueducts, with Hutton Construction, LLC (“Hutton”), 41 Village Park 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. 40A:11-1 et seq; and
WHEREAS, during the course of construction, differing site conditions were encountered at multiple project locations, necessitating modifications to the original scope of work to address unforeseen circumstances; and
WHEREAS, at the Cedar Crest location, unanticipated natural gas utility crossings required the installation of temporary steel plates to ensure the safe continuation of construction activities over the Enbridge gas lines; and
WHEREAS, at the Applebee’s site, contaminated soils were discovered, requiring additional test pits and a design modification to construct the chambers as cast-in-place concrete, in order to meet structural and environmental standards; and
WHEREAS, at the Jericho site, tree removal became necessary to address encroachment onto neighboring properties, ensuring project compliance with property boundaries and minimizing risk; and
WHEREAS, along the Les Mickens roadway, depth of cover investigations revealed inadequate existing conditions, prompting additional test pits and the implementation of depth of cover improvements to protect subsurface infrastructure; and
WHEREAS, at the Macopin location, further deterioration of a 72-inch RCP (reinforced concrete pipe) was identified, resulting in the need for additional concrete repairs to restore the pipe’s structural integrity and ensure proper function; and
WHEREAS, across the aqueduct system alignment, additional test pits were required to verify the adequacy of pipe cover, confirming compliance with design and safety requirements; and
WHEREAS, pursuant to N.J.A.C. 5:30-11 et seq. Contract No. 14-WS2023 is to be amended to include an increase in the contract amount by One Million Ninety-Three Thousand Nine Hundred Thirty-One Dollars and Forty-One Cents ($1,093,931.41), resulting in a new not to exceed contract amount of Fourteen Million Two Hundred Thirteen Thousand Two Hundred Seventy-Eight Dollars and Forty-One Cents ($14,213,278.41), and extending the contract period by 482 calendar days, for a revised total of 1,102 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 Change Order #1 to Contract 14-WS2023, the Rehabilitation of the Pequannock Aqueducts with Hutton Construction, LLC. with an increase in the contract amount by One Million Ninety-Three Thousand Nine Hundred Thirty-One Dollars and Forty-One Cents ($1,093.931.41) for a new contract amount of Fourteen Million Two Hundred Thirteen Two Hundred Seventy-Eight and Forty-One Cents ($14,213,278.41) and an additional 482 additional calendar days to final completion from the date of the issuance of the 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, are authorized to enter into and execute Contract Change Order #1 to Contract 14-WS2023, Rehabilitation of the Pequannock Aqueducts with Hutton Construction, LLC. 41 Village Park Road, Cedar Grove, New Jersey 07009 to increase the contract amount by One Million Ninety-Three Thousand Nine Hundred Thirty-One Dollars and Forty-One Cents ($1,093.931.41) bringing the contract amount to Fourteen Million Two Hundred Thirteen Two Hundred Seventy-Eight and Forty-One Cents ($14,213,278.41) and extending the contract completion time by (482) calendar days for a new completion period of 1,102 calendar days from the date of Notice to Proceed to final completion.
2. Change Order #1, also referred to as Contract Modification Proposal and Acceptance, Modification No. 1. is ratified from August 1, 2024, 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 One Million Ninety-Three Thousand Nine Hundred Thirty-One Dollars and Forty-One Cents ($1,093.931.41), 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 and 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 #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 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 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 #1 to Contract 14-WS2023, Rehabilitation of the Pequannock Aqueducts with Hutton Construction, LLC., 41 Village Park Road, Cedar Grove, New Jersey 07009, increasing the contract amount by $1,093,931.41 for a total amount of $14,213,278.41, with an additional 482 Calendar days for a new completion period of 1,102 calendar days from the date of Notice to Proceed to final completion.