Title
Dept/ Agency: Water and Sewer Utilities
Action: (X) Ratifying (X) Authorizing (X) Amending
Type of Service: Change Order/Amend Resolution # 7R12-w, adopted on December 18, 2024
Purpose: To execute Close out Contract Change Order #1 Miscellaneous Emergency Repair of Water Mains and Service Leaks - Contract #04-WS2024
Entity Name: Montana Construction Corp., Inc.
Entity Address: 80 Contant Avenue, Lodi, New Jersey 07644
Contract Amount: Not to exceed $6,784,668.22
Funding Source: Department of Water and Sewer Utilities/ 041-09W-09A91-94710 B2009
Contract Period: 730 calendar days from the date of the written Notice to Proceed
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-w adopted on December 18, 2024, awarded a contract in an amount not to exceed $5,807,269.00 for a period of 730 calendar days from the date of the issuance of a written Notice to Proceed until final completion.
Close Out Change Order #1 will increase the contract amount by $977,399.22 for a new total contract amount not to exceed $6,784,668.22, with no extension to the contract period of 730 Calendar Days from the date of the written Notice to Proceed.
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WHEREAS, Resolution 7R12-w adopted on December 18, 2024, authorized the award of Contract 04-WS2024, Miscellaneous Emergency Repair of Water Mains and Service Leaks, to Montana Construction Corp., Inc. 80 Contant Avenue, Lodi, New Jersey 07644, in the amount of $5,807,269.00 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, the initial bid contract for Emergency Repair of Water Mains has been exhausted and the Department of Water and Sewer Utilities has determined that additional work to Repair of Water Mains and Service Leaks is crucial to the City’s everyday operations and should remain un-interrupted until a new Repair of Water Mains, Service Leaks contract is in place; and
WHEREAS, Contract 04-WS2024, is to be amended with an increase net amount of $977,399.22 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 #1 to Contract 04-WS2024, Miscellaneous Emergency Repair of Water Mains and Service Leaks, with Montana Construction Corp., Inc. with an increase in the contract amount by $977,399.22 for a new contract amount of $6,784,668.22 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 Close out Change Order #1 to Contract 04-WS2024, Repair of Water Mains, Service Leaks and Disconnection of Water Service with Montana Construction Corp., Inc. 80 Contant Avenue, Lodi, New Jersey 07644, to increase the contract amount by $977,399.22 bringing the final contract amount to $6,784,668.22, and no extension on final completion of 730 calendar days from the date of the written Notice to Proceed.
2. A Certification of Funds from the Chief Financial Officer, which states that funds in the amount of $977,399.22 is available in the Water and Sewer Utilities Capital Bond Funds (041-09W-09A91-94710 B2009,) a copy 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 #1) to the date of this authorizing Resolution.
4. A fully executed copy of the Close Out 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 Close out 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 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 Close Out Change Order #1 to Contract 04-WS2024, Miscellaneous Emergency Repair of Water Mains and Service Leaks with Montana Construction Corp., Inc., increasing the contract amount by $977,399.22 for a total contract amount of $6,784,668.22, and no extension on final completion of 730 calendar days from the date of the written Notice to Proceed.