Title
Dept/ Agency: Engineering
Action: ( X ) Ratifying (X) Authorizing ( X ) Amending
Type of Service: Change Order/Amend Resolution #7R4-b 021611
Purpose: City of Newark ADA Compliance-City Hall Complex Project
Entity Name: Bismark Construction Corporation
Entity Address: 207-209 Berkeley Avenue, Newark NJ 07107
Contract Amount: $1,321,454.00 (Outstanding Invoice Amount $60,528.72)
Funding Source: City of Newark/Engineering Budget
Contract Period: From May 15, 2010 to March 31, 2011 to March 31, 2011 to March 30, 2012
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:
Contract #08-2009 Amendment #2
No Change in Contract Amount
Invitation: Director of Engineering, February 15, 2012
body
WHEREAS, Resolution 7R4-c 061709 adopted, June 17, 2009, authorized the Director of the Department of Engineering to execute Contract #08-2009 City of Newark ADA Compliance-City Hall Complex project, with Bismark Construction Corporation, 207-209 Berkeley Avenue, Newark, NJ 07107, in the total bid amount of $1,321,454.00; and
WHEREAS, a 'Notice to Proceed' was issued dated July 10, 2009, specifying July 10, 2009 as the effective date and ending on September 11, 2010; and
WHEREAS, Resolution 7R4-b 021611, adopted February 16, 2011, authorized the Director of the Department of Engineering to execute Amendment #1 to Contract #08-2009 to City of Newark ADA Compliance-City Hall Complex project, with Bismark Construction Corporation, 207-209 Berkeley Avenue, Newark, NJ 07107, to extend the time period from May 15, 2010 to March 31, 2011 to complete the project; and
WHEREAS, the project is now completed and Contract #08-2009 is now expired; however, there is (1) one outstanding invoice for services already rendered by Bismark Construction Corporation, not paid by the City of Newark in the amount of $60,528.72 (Attachment A); and
WHEREAS, in order to formally close out the contract, the Department of Engineering must request an amendment to extend the time for Contract #08-2009 for payment only; and
WHEREAS, the Director of the Department of Engineering requests authority to execute Amendment #2 which amends the contract termination date from March 31, 2011 to March 30, 2012, for the sole purpose of making payment on the outstanding invoice for Contract #08-2009 City of Newark ADA Compliance-City Hall Complex project, at no additional cost to the City of Newark, pursuant to N.J.S.A. 40A:11-15(9) and N.J.A.C. 5:30-11.8.
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
1. The Mayor and/or his designee and the Director of Engineering and/or his designee are hereby authorized to execute Amendment #2 to Contract #08-2009 City of Newark ADA Compliance-City Hall Complex project, with Bismark Construction Corporation, 207-209 Berkeley Avenue, Newark, NJ 07107, to extend the term of the contract from May 15, 2010 to March 31, 2011 to March 31, 2011 to March 31, 2012 with no additional cost to the City for payment only of an outstanding invoice in the amount $60,528.72,with no increase in the total contract amount.
2. This resolution further ratifies the actions taken by the Director of Engineering to extend the time period from March 31, 2011 to March 30, 2012.
3. All other terms and conditions of Contract #08-2009 City of Newark ADA Compliance-City Hall Complex project shall apply and remain in force till the contract is completed.
4. There shall be no additional expenditure of municipal funds for this amendment to the project time period.
5. A fully executed copy of Amendment #2 to Contract #08-2009 City of Newark ADA Compliance-City Hall Complex project, shall be filed in the Office of the City Clerk by the Director of the Department of Engineering.
STATEMENT
This resolution authorizes the Mayor and/or his designee and the Director of Engineering to execute Amendment #2 to Contract #08-2009 City of Newark ADA Compliance-City Hall Complex project with Bismark Construction Corporation, 207-209 Berkeley Avenue, Newark, NJ 07107, to extend the term of the contract for payment only of an outstanding invoice in the amount $60,528.72, from May 15, 2010 to March 31, 2011 to March 31, 2011 to March 30, 2012, with no increase in the total contract amount.