Title
Dept/ Agency: Water & Sewer Utilities
Action: ( ) Ratifying (X) Authorizing (X ) Amending
Type of Service: Change Order/Amend Resolution #7R12-A012010
(Phase-III (C) Netting Facilities at Jackson and Polk Streets (East Ward) )
Purpose: Increase amount by $448,880.00 and extend contract completion by 540 calendar days
Entity Name: J. Fletcher Creamer &Son, Inc.
Entity Address: 101 East Broadway, Hackensack, New Jersey 07601
Contract Amount: $4,853,380.00
Funding Source: Department of Water and Sewer Budget
Contract Period: March 3rd, 2010 - through September 23rd, 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:
Deferred 7R12-a 020112
Invitation: Consultant of Water & Sewer Utilities, February 15, 2012
body
WHEREAS, resolution 7R12-A012010 authorized the award of Contract 10-WS2004 Phase III(C) - Netting Facilities at Jackson and Polk Streets to J. Fletcher Creamer & Son, Inc., 101 East Broadway, Hackensack, New Jersey 07601, in the amount of $4,404,500.00 in accordance with the Local Public Contracts Law N.J.S.A. 40A:11-1 et. seq., funded by a low-interest loan obtained by the City of Newark from the New Jersey Environmental Infrastructure Trust (NJEIT) and the New Jersey Department of Environmental Protection (NJDEP) under the New Jersey Environmental Infrastructure Financing Program (FFY 2007/SFY 2008); and
WHEREAS, Contract 10-WS2004 needs to be modified by increasing the contract amount by $448,880.00 due to unforeseen conditions, for modifications as detailed in the attached change order, and with an increase in contract time by 540 calendar days; and
WHEREAS, the Department of Water & Sewer Utilities wishes to execute a Change Order No.1 to Contract 10-WS2004 Phase III(C) - Netting Facilities at Jackson and Polk Streets with J. Fletcher Creamer & Son, Inc., 101 East Broadway, Hackensack, New Jersey 07601, by increasing the contract by $448,880.00, bringing the final contract amount to $4,853,380.00, and increasing the contract time by 540 calendar days.
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
1. The Municipal Council hereby authorizes the Mayor and/or his designee, the Acting Director of the Department of Water and Sewer Utilities, to execute Change Order No.1 to Contract 10-WS2004 Phase III(C) - Netting Facilities at Jackson and Polk Streets with J. Fletcher Creamer & Son, Inc., 101 East Broadway, Hackensack, New Jersey 07601, increasing the contract by $448,880.00, bringing the final contract amount to $4,853,380.00, and increasing the contract time by 540 calendar days.
2. The additional funds in the amount of $448,880.00 required for this Change Order No. 1 are provided as follows:
Business unit: NW044, Department ID: 008, Project: 08B10, Account: 94710.
3. Attached is the Certification of funds issued by the Acting Director of Finance of the City of Newark which states that there are available sufficient legally appropriated funds for the purposes set forth above. A copy of the certification of funds shall be filed in the office of the City Clerk along with the original resolution.
4. A fully executed copy of the Change Order No. 1 shall be filed in the Office of the City Clerk by the Department of Water & Sewer Utilities.
5. A fully executed copy of the Change Order No. 1 shall be filed with the New Jersey Department of Environmental Protection (NJDEP) by the Department of Water & Sewer Utilities.
6. If required by the State Law, the City Clerk shall provide the appropriate notice of the award of this contract to the State Comptroller no later than 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 authorizes the Mayor and/or his designee, the Acting Director of the Department of Water and Sewer Utilities, to execute Change Order No. 1 to Contract 10-WS2004 Phase III(C) - Netting Facilities at Jackson and Polk Streets with J. Fletcher Creamer & Son, Inc., 101 East Broadway, Hackensack, New Jersey 07601 increasing the contract by $448,880.00, bringing the final contract amount to $ 4,853,380.00, and increasing the contract time by 540 calendar days.