Title
Dept/ Agency: Water and Sewer Utilities
Action: ( X ) Ratifying (X) Authorizing ( X ) Amending
Type of Service: Change Order/Amend Resolution # 7R12-c, adopted on October 2, 2024
Purpose: To execute Contract Close out Change Order #2 Repair of Water Mains, Service Leaks and Disconnection of Water Service - Contract #04-WS2022
Entity Name: Montana Construction Corp., Inc.
Entity Address: 80 Contant Avenue, Lodi, New Jersey 07644
Contract Amount: Not to exceed $5,965,166.75
Funding Source: Capital Budget/Department of Water and Sewer Utilities Utilities/NW037-750-7505-71960-B2025
Contract Period: 730 calendar days from the date of the issuance of a written Notice to Proceed until final completion
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:
Resolution 7R12-c adopted on December 21, 2022, awarded a contract in an amount not to exceed $4,185,960.00 for a period of 730 calendar days from the date of the issuance of a written Notice to Proceed until final completion.
Resolution 7R12-c adopted October 2, 2024 authorized an increase to the contract amount by $837,192.00 for a new total contract amount not to exceed $5,023,152.00, with no extension to the contract period.
Closeout Change Order #2 increases the contract amount by $942,014.75 for a new total contract amount not to exceed $5,965,166.75, with no extension to the contract period
body
WHEREAS, Resolution 7R12-c adopted on December 21, 2022, authorized the award of Contract 04-WS2022, Repair of Water Mains, Service Leaks and Disconnection of Water Service, to Montana Construction Corp., Inc. 80 Contant Avenue, Lodi, New Jersey 07644, in the amount of $4,185,960.00 for a period of 730 calendar days to final completion from the date of the written Notice to Proceed, in accordance with the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.; and
WHEREAS, Resolution 7R12-c adopted on October 2, 2024, increased the contract amount by 837,192.00 for a new total contract amount not to exceed $5,023,152.00 and no extension on final completion from the date of the issuance of the Notice to Proceed; and
WHEREAS, the Department of Water and Sewer Utilities has determined that additional work for the Repair of Water Mains, Service Leaks, and Disconnection of Water Service is essential to maintain uninterrupted operations until a new contract is executed; and
WHEREAS, Contract 04-WS2022, is to be amended with an increase net amount of $942,014.75 and no extension on final completion of 730 calendar days from the date of the written Notice to Proceed; and
WHEREAS, the Department of Water and Sewer Utilities, wishes to enter into and execute a Contract Close out Change Order #2 to Contract 04-WS2022, Repair of Water Mains, Service Leaks and Disconnection of Water Service, with Montana Construction Corp., Inc. with an increase in the contract amount by $942,014.75 for a new contract amount of $5,965,166.75 and no extension on final completion of 730 calendar days from the date of the written Notice to Proceed.
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
1. The Mayor and/or his designee, the Director of the Department of Water and Sewer Utilities, are authorized to enter into and execute Contract Close Out Change Order #2 to Contract 04-WS2022, Repair of Water Mains, Service Leaks and Disconnection of Water Service with Montana Construction Corp., Inc. to increase the contract amount by $942,014.75 bringing the final contract amount to $5,965,166.75, and no extension on final completion of 730 calendar days from the date of the written Notice to Proceed.
2. Pursuant to N.J.A.C. 5:30-5.5(a), a Temporary Budget, attached hereto is a partial Certification of Funds from the Chief Financial Officer, which states that funds in the amount of Five Thousand Dollars and Zero Cents ($5,000.00), are available in the Water and Sewer Utilities Capital Budget under Business Unit NW037, Department ID 750, Division/Project 7505, Account # 71960, Budget Ref. B2025 and which shall be filed along with the original Resolution in the Office of the City Clerk.
3. This Close Out Change Order is ratified from the date of the Contract Change Order Proposal and Acceptance (Close out Change Order #2) to the date of this authorizing Resolution.
4. A fully executed copy of the Close out Change Order #2 shall be filed in the Office of the City Clerk by the Director of the Department of Water and Sewer Utilities.
5. A fully executed copy of the Close out 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.
6. If required by State Law, the Acting 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 ratifies, amends and authorizes the Mayor and/or his designee, the Director of the Department of Water and Sewer Utilities, to enter into and execute Contract Close out Change Order #2 to Contract 04-WS2022, Repair of Water Mains, Service Leaks and Disconnection of Water Service with Montana Construction Corp., Inc. increasing the contract amount by $942,014.75 for a total contract amount of $5,965,166.75, and no extension on final completion of 730 calendar days from the date of the written Notice to Proceed.