Title
Dept/ Agency: Engineering
Action: ( ) Ratifying (X) Authorizing ( X ) Amending
Type of Service: Change Order/Amend Resolution
Purpose: Citywide Streetscape: Mt. Prospect Avenue, Lower Broadway and Bloomfield Avenue
Entity Name: Berto Construction, Inc
Entity Address: 625 Leesville Avenue, Rahway, New Jersey 07065
Contract Amount: $751,698.07 (Change Order Amount)
Funding Source: UEZ & Street Construction Fund
Contract Period: End Date: October 31, 2015
Contract Basis: ( ) Bid ( ) State Vendor ( ) Prof. Ser. ( ) EUS
( ) Fair & Open ( ) No Reportable Contributions ( ) RFP ( ) RFQ
( ) Private Sale ( ) Grant ( ) Sub-recipient ( ) n/a
Additional Information:
Original contract amount $4,933,902.47 + Change Order No.1 $751,698.07= New contact amount $5,685,600.54.
body
WHEREAS, Resolution No. 7R4-H, adopted August 7, 2013, authorized the Director of the Department of Engineering to accept the bid proposal and execute Contract No. 03-2011R, Citywide Streetscape: Mt. Prospect Avenue, Lower Broadway and Bloomfield Avenue, with Berto Construction, Inc., 625 Leesville Avenue, Rahway, New Jersey 07065, for the amount of $4,933,902.47; and
WHEREAS, the Department of Engineering needs to increase and decrease existing quantities, and add new contract items due to unforeseen conditions. During construction additional increases and new construction items, and decreases were identified relating to curb and sidewalk, drainage, traffic signal conduits, tree removals, basement vaults, and resurfacing that were not identified during design because they were unforeseen and could not be anticipated when the design of this project took place; and
WHEREAS, change orders to change the quantity or character of goods provided or services performed from that originally specified or estimated and to correspondingly change the payment due therefore are authorized up to an amount of twenty (20%) percent or the original contract amount pursuant to N.J.A.C. 5:30-11.3, provided same do not substantially change the quality or character of the items or work to be provided, inasmuch as such would have been a determining factor in the original bidding; and
WHEREAS, change orders for construction contracts may be issued to address unforeseeable problems, which are defined as conditions or circumstances that could not be foreseen at the time the specifications were written and the contract awarded; provided that a substantial amount of the construction would be delayed, which would result in substantial increases in costs above the original contract amount or substantial inconvenience to the public if bidding were to be required; and minor modifications to effect economies, improve service or resolve minor problems with affected property owners pursuant to N.J.A.C. 5:30-11.8; and
WHEREAS, the Municipal Council may authorize the Director of Engineering to approve and execute change orders for minor field (site) modifications, provided that they do not affect the overall scope of work of the contract and result only in minor price increases to the originally awarded contract price pursuant to N.J.A.C. 5:30-11.4; and
WHEREAS, due to the above unforeseen conditions, the Department of Engineering wishes to enter into Change Order No. 1 to increase the amount of Contract No. 03-2011R by $751,698.07 and extend the time to amend the contract term from February 1, 2015 through October 31, 2015 to address the above-referenced unforeseeable problems.
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 the Department of Engineering is hereby authorized on behalf of the City of Newark to issue Change Order No. 1 to Contract No. 03-2011R, Citywide Streetscape: Mt. Prospect Avenue, Lower Broadway and Bloomfield Avenue, for the amount of $751,698.07, thereby bringing the total amount of this contract to $5,685,600.54 and extend the time to complete this contract to October 31, 2015 in order to address unforeseeable problems, which are defined as conditions or circumstances that could not be foreseen at the time the specifications were written and the contract awarded; provided that a substantial amount of the construction would be delayed, which would result in substantial increases in costs above the original contract amount or substantial inconvenience to the public if bidding were to be required; provided that such change order shall not either increase or decrease any contract amount by more than 20%, nor affect the overall scope of work of the contract, without further approval of the Municipal Council.
1. A fully executed copy of Change Order No. 1 to Contract No. 03-2011R, shall be filed in the Office of the City Clerk by the Director of Engineering.
5. Consistent with the provisions of the Local Public Contracts Law, N.J.S.A. 40A:11-15(9), the Director of the Department of Engineering is authorized to extend the time to complete this contract to October 31, 2015.
4. No other changes to this contract are allowed without prior Municipal Council approval.
5. Attached hereto is a Certification of Funds from the Acting Director of Finance of the City of Newark, which states (1) that there are sufficient funds for the hereinabove Change Order No. 1 and (2) the line appropriations of the official budgets which shall be charged are as follows:
$552,786.16
Fund 051, Dept. G09, Project A19A0, Account 71930, Budget Year B2009
$198,911.91
Fund 026, Dept BS, Account 38750, Budget Year B2014
STATEMENT
This Resolution authorizes the Mayor and/or his designee and the Director of the Department of Engineering to issue Change Order No. 1 to Contract No. 03-2011R, Citywide Streetscape: Mt. Prospect Avenue, Lower Broadway and Bloomfield Avenue, for the amount of $751,698.07, thereby bringing the total amount of this contract to $5,685,600.54 and extend the time to complete this contract to October 31, 2015.