Title
Dept/ Agency: Engineering
Action: ( ) Ratifying (X) Authorizing (X) Amending
Type of Service: Change Order/Amend Resolution
Purpose: Delancy Street Drainage and Roadway Improvements Project
Entity Name: J.A. Alexander, Inc.
Entity Address: 130-158 John F. Kennedy Drive North, Bloomfield, New Jersey 07003
Contract Amount: $981,468.52
Funding Source: City of Newark
Contract Period: Extending Contract Completion Date to December 31, 2014
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:
Contract No. 07-2010R Delancy Street Drainage and Roadway Improvements Project.
$2,233,557.47 (Base Bid) + $981,468.52 (Change Order No.1) = $3,215,025.99 (Total Project Cost)
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WHEREAS, Resolution No. 7R4-C, adopted September 6, 2012, authorized the Director of the Department of Engineering to accept the bid proposal and execute Contract No. 07-2010R, Delancy Street Drainage and Roadway Improvements Project, with J.A. Alexander, Inc., 130-158 John F. Kennedy Drive, North, Bloomfield, New Jersey 07003, for the amount of $2,233,557.47; and
WHEREAS, at the request of the Department of Engineering, both deductions of original quantities, increases in original quantities and additional work are required due to field adjustments and the removal, treatment and disposal of contaminated soil and ground water; and
WHEREAS, during the course of construction of the underground drainage system, the excess soil was found to be contaminated, along with the ground water; and
WHEREAS, the soil and ground water that were contaminated were removed, treated and disposed of, and the conditions and circumstances that resulted in this change order were unforeseen and could not be anticipated when the design of this project took place; and
WHEREAS, the Department of Engineering seeks the approval and ratification of Change Order No. 1, which includes the following:
NATURE OF CHANGE |
DESCRIPTION |
AMOUNT |
TOTAL CONTRACT CHANGE |
Increases |
Work items 42,46,49,51,53,66,67 |
$69,437.95 |
|
Extra Work/Increases |
S-1 Removal and Disposal of Contaminated Materials |
$906,215.36 |
|
|
S-2 Removal, Storage, Treatment and Disposal of Contaminated Ground Water |
$163,228.25 |
|
|
S-3 Labor Wage Increase for Hazardous Env. PPE and Additional Supplies for Work in Hazardous Environment |
$327,152.29 |
|
|
S-4 Additional Concrete Curb Cost |
$66,044.00 |
|
|
S-5 New Guard Rail and Removable Bollards |
$14,500.00 |
|
|
S-6 Soil Conservation Permit |
$2,070.00 |
|
Decreases |
($567,179.33) |
|
|
Net Change |
|
|
$981,468.52 |
WHEREAS, the work associated with Change Order No. 1 could not have been the subject of a separate public bid, as that would cause additional delays to the existing project and create hazards to the public, including both environmental and roadway hazards and significantly impact the businesses in the area; and
WHEREAS, the attached Change Order No. 1 to Contract No. 07-2010R, Delancy Street Drainage and Roadway Improvements Project, after factoring in deductions in quantities, causes a net increase in the contract amount by $981,468.52, thereby bringing the total amount of this contract to $3,215,025.99.
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 execute Change Order No. 1 to Contract No. 07-2010R, Delancy Street Drainage and Roadway Improvements Project, for the amount of $981,468.52, thereby bringing the total amount of this contract to $3,215,025.99.
2. The execution of Change Order No. 1 is hereby ratified from June 11, 2014 to the date of the adoption of this resolution.
3. The issuance and approval of the Change Order No. 1 is in compliance with N.J.A.C. 5:30-11.5, 11.8 and 11.9.
4. Pursuant to N.J.A.C. 5:30-5.5, attached hereto is the Acting Chief Financial Officer's certification which states the funds in the amount of $981,468.52 are available in Fund 026, Dept. BS, Account 38740, Budget Year B2014.
5. Attached hereto is a Certification of Funds issued by the Acting Chief Financial Officer, City of Newark, which states that there are available sufficient legally appropriated funds in the amount of $981,468.52 for the purpose set forth hereinabove. A copy of this Certification of Funds shall be filed in the Office of the City Clerk by the Director of the Department of Engineering together with this resolution.
6. Consistent with the provisions of the Local Public Contracts Law, N.J.S.A. 40:A:11-15(9), , the Director of the Department of Engineering is authorized to extend the time to complete this Contract No.07-2010R, to December 31, 2014.
7. Notice of this change order, in accordance with NJAC 5:30-11.9(c)(6), 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 authorizes the Mayor and/or his designee and the Director of the Department of Engineering, to issue Change Order No. 1 to Contract No. 07-2010R, Delancy Street Drainage and Roadway Improvements Project , in the amount of $981,468.52, thereby bringing the total amount of this contract to $3,215,025.99.