Title
Dept./ Agency: Water and Sewer Utilities
Action: ( ) Ratifying (X) Authorizing (X ) Amending
Type of Service: Final Quantities Change Order #2/Amend Resolution #7R12-b adopted on August 8, 2018 and 7R12-b(AS) adopted on May 1, 2019
Purpose: To execute Contract Close out Change Order #2 for Replacement of Water Distribution Mains, Contract 12-WS2016.
Entity Name: Underground Utilities Corporation
Entity Address: 711 Commerce Road, Linden, New Jersey 07036
Contract Amount: Originally not to exceed $3,826,237.80 reduced by $145,829.99, for a new total contract amount not to exceed $3,680,407.81
Funding Source: Capital Budget/Department of Water and Sewer Utilities
Contract Period: Originally 180 calendar days from the Notice to Proceed increased by Change Order #1 by 90 calendar days and further extended by 102.5 calendar days for a completion period of 372.5 calendar days to final completion from the date of the written Notice to Proceed
Contract Basis: (X) Bid ( ) State Vendor ( ) Prof. Ser. ( ) EUS
(X) Fair & Open ( ) No Reportable Contributions ( ) RFP ( ) RFQ
( ) Private Sale ( ) Grant ( ) Sub-recipient ( ) n/a
Additional Information:
Resolution 7R12-b adopted on August 8, 2018 authorized a contract in the amount of $3,826,237.80 for a period of 180 calendar days from the Notice to Proceed.
Resolution 7R12-b(AS) adopted on May 1, 2019 authorized a Change Order #1, which extended the contract completion period by 90 calendar days for a with new completion period of 270 calendar days from the Notice to Proceed.
Contract Close out Change Order #2 will reduce the contract amount by $145,829.99 for a new total contract amount not to exceed $3,680,407.81 and increase the contract period by 102.5 calendar days for a new completion period of 372.5 calendar days from the date of the written Notice to Proceed.
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WHEREAS, Resolution 7R12-b adopted on August 8, 2018, authorized the award of Contract 12-WS2016 to, Underground Utilities Corporation, 711 Commerce Road, Linden, New Jersey 07036, in the amount of $3,826,237.80, in accordance with the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.; and
WHEREAS, Resolution 7R12-b(AS) adopted on May 1, 2019, authorized Change Order #1 extending the Contract 12-WS2016 completion time by 90 calendar days due to unexpected delays encountered.; and
WHEREAS, the Contract 12-WS2016, was completed with a net reduction of $145,829.99 due to final quantity adjustments and an additional 102.5 calendar days; and
WHEREAS, the Contract 12-WS2016, is to be amended with a net reduction in contract amount by $145,829.99, and 102.5 additional calendar days in contract completion time; and
WHEREAS, the Department of Water and Sewer Utilities, wishes to execute Contract Closeout Change Order #2 to Contract 12-WS2016 Replacement of Water Distribution Mains Project with Underground Utilities Corporation, 711 Commerce Road, Linden, New Jersey 07036, with a reduction in the contract amount by $145,829.99 bringing the final contract amount to $3,680,407.81, and extending the contract completion time by 102.5 calendar days; and
WHEREAS, the Municipal Council adopted the Contractor Pay-to-Play Reform Ordinance, R.O. 2:4-22C, which forbids the award of a contract of a Business Entity, as defined therein, which has made or solicited political contributions to Newark Municipal Candidates, office holders having ultimate responsibility for the award of a contract; candidate committees of the aforementioned candidates, and political or political party committees of the City of Newark or County of Essex; and continuing political committees or political action committees regularly engaged in the support of the City of Newark Municipal or County of Essex elections; and certain other political party or candidate committees, in excess of certain thresholds.
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 Director of the Department of Water and Sewer Utilities, to execute Contract Closeout Change Order #2 to Contract 12-WS2016 Replacement of Water Distribution Mains with Underground Utilities Corporation, 711 Commerce Road, Linden, New Jersey 07036, reducing the contract amount by $145,829.99 bring the final contract amount to $3,680,407.81, and extending the contract completion time by 102.5 calendar days for a new completion period of 372.5 calendar days from the date of the written Notice to Proceed.
2. No funds are required for this Contract Closeout Change Order #2.
3. A fully executed copy of the Closeout Change Order #2 shall be filed in the Office of the City Clerk by the Director of the Department of Water and Sewer Utilities.
4. A fully executed copy of the Closeout Change Order #2 shall be filed with the New Jersey Department of Environmental Protection (NJDEP) by the Director of the Department of Water and Sewer Utilities.
5. This contract was solicited and awarded pursuant to the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.
6. If required by State Law, the 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 authorizes the Mayor and/or his designee, the Director of the Department of Water and Sewer Utilities, to execute Contract Closeout Change Order #2 to Contract 12-WS2016 Replacement of Water Distribution Mains with Underground Utilities Corporation, 711 Commerce Road, Linden, New Jersey 07036, reducing the contract amount by $145,829.99 bringing the total contract amount to $3,680,407.81, and extending the contract completion time by 102.5 calendar days for a new completion period of 372.5 calendar days from the date of the written Notice to Proceed.