Title
Dept/ Agency: Engineering
Action: ( ) Ratifying (X) Authorizing (X) Amending
Type of Service: Professional Services Contract
Purpose: Central Avenue Bridge over NJ Transit City Subway - Preliminary Design Phase Project - Change Order #2, Contract Amendment for Extension of Time
Entity Name: Michael Baker International, Inc.
Entity Address: One Gateway Center, Suite 2330, Newark, New Jersey 07102
Contract Amount: Not to exceed $1,422,445.34
Funding Source: Federal Highway Administration (FHWA)/ New Jersey Department of Transportation (NJDOT)
Contract Period: March 22, 2025 through October 1, 2025
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:
Resolution 7R3-a adopted on March 15, 2023 authorized the City of Newark to enter into Contract #2022-12PS with Michael Baker International, Inc. for the Central Avenue Bridge over NJ Transit City Subway, Local Preliminary Design Project. Resolution 7R3-a adopted on February 21, 2024 extended the contract term by nine (9) additional months, from June 22, 2024 through March 22, 2025, at no additional cost to the City of Newark. This Amending Resolution will extend the term of the contract by seven (7) additional months, from March 2025 to October 1, 2025, at no additional cost to the City of Newark.
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WHEREAS, Resolution No. 7R3-a, adopted March 15, 2023, authorized the Acting Director of the Department of Engineering to accept the proposal dated June 9, 2022 submitted by Michael Baker International, Inc., One Gateway Center, Suite 2330, Newark, New Jersey 07102, and execute Contract No. 2022-12PS, for the Central Avenue Bridge Over NJ Transit City Subway, Local Preliminary Design Project, in the amount no to exceed $1,422,445.34; and
WHEREAS, the original contract term was 365 days from the effective date of the issuance of the Notice to Proceed, or June 22, 2023 through June 22, 2024; and
WHEREAS, the proposed schedule for the Central Avenue Bridge over NJ Transit City Subway, Local Preliminary Design Project was proposed to be 13-14 months; and
WHEREAS, the original contract project timeline was established in accordance with Local Public Contracts Law N.J.S.A. 40A:11-15; and
WHEREAS, Resolution No. 7R3-a, adopted February 21, 2024, authorized the Acting Director of the Department of Engineering to accept the time extension request as they were awaiting approval of their Cultural Resources Survey Report, dated August 2023, and therefore additional time was required to complete the Preliminary Design phase of the Central Avenue Bridge Over NJ Transit City Subway; and
WHEREAS, Michael Baker Inc. has requested another extension of time as they await approval for various Cultural Resources deliverables and the Individual Section 4(f) Evaluation, submitted on October 16, 2024. The Cultural Resources deliverables were initiated by the New Jersey Historic Preservation Office (NJSHPO)’s determination letter dated August 16, 2024. The other deliverables include the Archaeological Monitoring Plan, Application for Project Authorization, and a Draft Memorandum of Agreement (MOA); and
WHEREAS, the Acting Director of the Department of Engineering requests an extension of the contract term for an additional seven (7) months, from March 22, 2025 to October 1, 2025, for the Central Avenue Bridge Over NJ Transit City Subway project, as permitted by the Local Contract Law, N.J.S.A. 40A:11-15(9).
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 Acting Director of the Department of Engineering, is hereby authorized on behalf of the City of Newark to issue Change Order No. 2 and execute a Contract Amendment to Contract No. 2022-12PS with Michael Baker International, Inc., One Gateway Center, Suite 2330, Newark, New Jersey 07102, which will extend the contract term by seven (7) months, from March 22, 2025 to October 1, 2025, for the Central Avenue Bridge Over NJ Transit City Subway, Preliminary Design Project, at no additional cost to the City of Newark.
2. A fully executed copy of Change Order No.2 Contract Amendment to Contract No. 2022-12PS, shall be filed in the Office of the City Clerk by the Director of Engineering.
3. No other changes to this contract are allowed without prior Municipal Council approval.
4. Any further extensions, as may be permitted by N.J.S.A. 40A:11-15(9), are subject to Municipal Council approval.
5. Notice of this Change Order for a professional services contract, in accordance with N.J.S.A. 40A:11-5(1)(a)(i), shall be published in the official newspaper of the municipality, which notice shall be filed in the Office of the City Clerk for inspection by the public.
STATEMENT
This Resolution ratifies and authorizes the Mayor, and/or his designee, the Acting Director of the Department of Engineering, to issue and execute Change Order No. 2 Contract Amendment to Contract No. 2022-12PS, with Michael Baker International, Inc., One Gateway Center, Suite 2330, Newark, New Jersey 07102, for the Central Avenue Bridge Over NJ Transit City Subway, Preliminary Design Project, for a seven (7) month extension of the term of the contract, from March 22, 2025 through October 1, 2025, at no additional cost to the City of Newark.