Title
Dept/ Agency: Engineering
Action: (X) Ratifying (X) Authorizing ( ) Amending
Type of Service: Professional Services Contract
Purpose: To execute Change Order No. 1/Amendment to Contract #2023-01R PS to (1) extend original contract period of professional services for the modernization of elevators at multiple public building sites and (2) increase the not-to-exceed contract amount by $70,000.00
Entity Name: H2M Architects and Engineers, Inc.
Entity Address: 119 Cherry Hill Road, Suite 110, Parsippany,
New Jersey 07054
Contract Amount: Not to exceed $338,050.00 (amount after this change order takes effect)
Funding Source: This Change Order - NW045-25A-25B00-A-94710 B2025. Initial Contract (per Resolution 7R3-a 06/05/2024) - NW045-23A-23A00-A-94710-B2023
Contract Period: January 09, 2024 (per Notice to Proceed) until project completion (per this Resolution)
Contract Basis: ( ) Bid ( ) State Vendor (X) Prof. Ser. ( ) EUS
( ) Fair & Open ( ) No Reportable Contributions ( ) RFP ( ) RFQ
( ) Private Sale ( ) Grant ( ) Sub-recipient ( ) n/a
Additional Information:
Original Resolution 7R3-b, adopted on September 20, 2023, authorized Contract #2023-01R PS in an amount not to exceed $268,050.00 for a contract period not to exceed 365 consecutive calendar days from date of the issuance of the Notice to Proceed.
Contract #2023-01R Professional Services for the modernization of elevators at four (4) public building sites, specifically, 920 Mayor Kenneth A. Gibson Boulevard, 94 Williams Street, 394 University Avenue and 110 Williams Street.
Resolution 7R3-a adopted June 5, 2024 authorized a change the funding source for Contract #2023-01R.
body
WHEREAS, on September 20, 2023, the Municipal Council adopted Resolution 7R3-b authorizing the Director of the Department of Engineering to enter into and execute Contract # 2023-01R PS for the modernization of elevators at multiple public building sites (“Project”) with H2M Architects and Engineers, Inc., 119 Cherry Hill Road, Suite 110, Parsippany, New Jersey 07054, for the total bid amount of $268,050.00; and
WHEREAS, the term of Contract #2023-01R PS was not to exceed 365 calendar days from the date of the issuance of the “Notice to Proceed”, which was issued on January 8, 2024; and
WHEREAS, delays in the award of the primary public works contract for the Project prevented the completion Contract #2023-01R within the 365-day period; and
WHEREAS, H2M Architects and Engineers, Inc. has requested a change order increasing the not-to-exceed (NTE) contract amount by Seventy Thousand Dollars and Zero Cents ($70,000.00) and an extension of time for the completion of all tasks within the scope of work of Contract #2023-01R; and
WHEREAS, the Acting Director of the Department of Engineering concurs that a time extension and the said increase in the NTE contract amount are necessary to complete the Project; and
WHEREAS, N.J.S.A. 40A:11-15(9) permits a contract for any public works project, including the retention of architectural services, to be awarded for the length of time necessary for the completion of the project; and
WHEREAS, this Change Order No. 1 is permitted by N.J.A.C. 5:30-11.1 et seq.
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 Acting Director of the Department of Engineering, is hereby authorized to issue Change Order No. 1 to Contract #2023-01R and to execute a contract amendment (1) increasing the not-to-exceed contract amount by Seventy Thousand Dollars and Zero Cents ($70,000.00) and (2) extending the contract period until such time as the Project is completed.
2. The authorization granted by this Resolution is ratified back to January 8, 2025 through the date of its adoption.
3. Attached hereto is the Finance Director’s Certification of Funds stating that funds in the amount of Seventy Thousand Dollars and Zero Cents ($70,000.00) are available for the purposes stated in this Resolution in account: NW-045-25A-25B00-A-94710 B2025
4. A fully executed copy of Change Order No. 1/Contract Amendment to Contract # 2023-01R PS shall be filed in the Office of the City Clerk by the Acting Director of Engineering.
5. No other changes to this contract are allowed without prior Municipal Council approval. All other provisions of Contract #2023-01R PS shall remain in effect until the contract is completed.
STATEMENT
This Resolution authorizes the Mayor and/or his designee, the Acting Director of the Department of Engineering, to enter into and execute the Change Order/Amendment No.1 to Contract #2023-01R PS with H2M Architects and Engineers Inc., 119 Cherry Hill Road Suite 110, Parsippany, New Jersey 07054, for the provision of professional services in connection with the modernization of elevators at multiple municiple building sites throughout the City of Newark, Change Order/Amendment No. 1 will extend the contract period and increase the contract amount by $70,000.00. The new not-to-exceed contract amount is $338,050.00.