Title
Dept/ Agency: Engineering
Action: (X) Ratifying (X) Authorizing ( ) Amending
Type of Service: Professional Services Contract
Purpose: Change Order Wilson Avenue Reconstruction and Doremus Avenue Drainage Outfall Project Phase ll Entity Name: Boswell Engineering, Inc.
Entity Address: 330 Phillips Avenue, South Hackensack, New Jersey 07606
Contract Amount: $361,778.80
Funding Source: N/A
Contract Period: June 25, 2013 through December 1, 2014
Contract Basis: ( ) Bid ( ) State Vendor (X) Prof. Ser. ( ) EUS
( ) Fair & Open ( ) No Reportable Contributions ( ) RFP ( ) RFQ
( ) Private Sale ( ) Grant ( ) Sub-recipient ( ) n/a
Addition Information:
Extending completion date at no additional cost to the City.
body
WHEREAS, Resolution 7R4-B, adopted November 6, 2008, authorized the Director of the Department of Engineering to accept the proposal submitted by Boswell Engineering, Inc., 330 Phillips Avenue, South Hackensack, New Jersey 07606, in response to a Request for Proposal, and execute Contract No. 10-2008PS, Wilson Avenue Reconstruction and Doremus Avenue Drainage Outfall Project - Phase II, with for the amount of $361,776.80; and
WHEREAS, a Notice to Proceed was issued on June 25, 2013, which date constituted the commencement of the contract term, which was 365 days hence; and
WHEREAS, as result of construction delays due to weather and traffic conditions, the contract was not completed within the stated contract period, causing the Department of Engineering to authorize an amendment of the contract to extend the term of the contract through December 1, 2014; and
WHEREAS, the Local Public Contracts Law, N.J.S.A. 40A:11-15(9) permits extensions of contracts on public works projects, including that of the associated professional service contract, for the time required to complete actual construction and is consistent with N.J.A.C. 5:30-11.3 and 11.6; and
WHEREAS, the attached Change Order/Amendment No. 1 to Contract No. 10-2008PS, Wilson Avenue Reconstruction and Doremus Avenue Drainage Outfall Project - Phase II, extends the term of the contract through December 1, 2014, at no additional cost to the City of Newark. .
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 Acting Director of the Department of Engineering, is hereby authorized on behalf of the City of Newark to execute Change Order/Amendment No. 1 to Contract No. 10-2008PS, Wilson Avenue Reconstruction and Doremus Avenue Drainage Outfall Project - Phase II, with Boswell Engineering, Inc., 330 Phillips Avenue, South Hackensack, New Jersey 07606, extending the contract term through December 1, 2014, at no additional cost to the City of Newark.
2. The Municipal Council hereby ratifies the contract extension from June 25, 2014 to the date of adoption of this authorizing resolution.
3. The extension of this contract is in accordance with the non-fair and open procedures of the Local Unit Pay-to-Play Law, N.J.S.A. 19:44A-20.5, and in compliance with the Executive Order on Pay-to-Play Reform (MEO-07-0001) and the Contractor Pay-to-Play Reform Ordinance, 2:4-22C.
4. A fully executed copy of Change Order/Amendment No. 1 to Contract No. 10-2008PS, shall be filed in the Office of the City Clerk by the Acting Director of Engineering.
4. No other changes to this contract are allowed without prior Municipal Council approval.
5. Consistent with the provisions of the Local Public Contracts Law, N.J.S.A. 40:A:11-15(9), the Acting Director of the Department of Engineering is authorized to extend the term of the contract for the time necessary to complete actual construction
6. Notice of this Change Order, in accordance with N.J.A.C. 5:30-11.9(c)(6) and N.J.S.A. 40A:11-5(1)(a)(i), shall be published in the newspaper as required by law within ten (10) days of its passage.
STATEMENT
This Resolution ratifies and authorizes the Mayor and/or his designee, the Acting Director of the Department of Engineering, to issue Change Order No. 1 to Contract No. 10-2008PS, Wilson Avenue Reconstruction and Doremus Avenue Drainage Outfall Project - Phase II, to Boswell Engineering, Inc, 330 Phillips Avenue, South Hackensack, New Jersey 07606, extending the contract period through December 1, 2014 with no increase in the original contract dollar amount.