Title
Dept/ Agency: Water and Sewer Utilities
Action: ( X ) Ratifying ( X ) Authorizing ( ) Amending
Type of Service: Change Order #1/Amend Resolution 7R12-b adopted on December 21,2022
Purpose: To execute Contract Change Order #1 Emergency Repair of Sewers - Contract 01-WS2022.
Entity Name: Montana Construction Corp., Inc.
Entity Address: 80 Contant Avenue, Lodi, New Jersey 07644
Contract Amount: Not to exceed $1,834,563.70
Funding Source: Capital Budget/Department of Water and Sewer Utilities Utilities/ NW038-800-8007-71970-B2024
Contract Period: 730 calendar days from the date of a written Notice to Proceed to final completion
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 December 21, 2022 awarded a contract in an amount not to exceed $1,529,563.70 for a period of 730 calendar days from the date of the written Notice to Proceed.
Change Order #1 will increase the contract amount by $305,000.00 for a new total contract amount not to exceed $1,834,563.70 with no extension on the contract period of 730 calendar days from the date of the written Notice to Proceed to final completion.
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WHEREAS, Resolution 7R12-b adopted on December 21, 2022, authorized the award of Contract 01-WS2022, Emergency Repair of Sewers, to Montana Construction Corp., Inc. 80 Contant Avenue, Lodi, New Jersey 07644, in the amount of $1,529,563.70 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, the initial bid contract for Emergency Repair of Sewers has been exhausted and the Department of Water and Sewer Utilities has determined that additional work to Emergency Repairs of Sewers is crucial to the City’s everyday operations and should remain un-interrupted until a new Emergency Repair of Sewers contract is in place; and
WHEREAS, Contract 01-WS2022, is to be amended with an increase net amount of $305,000.00 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 Change Order #1 to Contract 01-WS2022, Emergency Repair of Sewers, with Montana Construction Corp., Inc. 80 Contant Avenue, Lodi, New Jersey 07644, with an increase in the contract amount by $305,000.00 for a new contract amount of $1,834,563.70 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 of the City of Newark and/or his designee, the Director of the Department of Water and Sewer Utilities, are authorized to enter into and execute Contract Change Order #1 to Contract 01-WS2022, Emergency Repair of Sewers with Montana Construction Corp., Inc. 80 Contant Avenue, Lodi, New Jersey 07644, to increase the contract amount by $305.000.00 bringing the final contract amount to $1,834,563.70, 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 NW038, Department ID 800, Division/Project 8007, Account # 71970, Budget Ref. B2024 and which shall be filed along with the original Resolution in the Office of the City Clerk.
3. This Change Order is ratified from the date of the Contract Modification Proposal and Acceptance (Change Order #1) to the date of this authorizing Resolution.
4. A fully executed copy of the Change Order #1 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 Change Order #1 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 of the City of Newark and/or his designee, the Director of the Department of Water and Sewer Utilities, to enter into and execute Contract Change Order #1 to Contract 01-WS2022, Emergency Repair of Sewers with Montana Construction Corp., Inc. 80 Contant Avenue, Lodi, New Jersey 07644, increasing the contract amount by $305,000.00 for a total contract amount of $1,834,563.70, and no extension on final completion of 730 calendar days from the date of the written Notice to Proceed.