Title
Dept/ Agency: Water and Sewer Utilities
Action: ( X ) Ratifying (X) Authorizing ( X ) Amending
Type of Service: Change Order/Amend Resolution 7R12-a January 16, 2013
Purpose: To execute Contract Close-Out and Final Quantities under Change Order #1 for Emergency Repair of Sewers Contract 01-WS2012 (Re-bid)
Entity Name: Montana Construction Corp., Inc.
Entity Address: 80 Contant Avenue, Lodi, New Jersey 07644
Contract Amount: Original Contract Amount of $2,197,660.00, to be increased by $154,365.88 for a Final Contract Amount of $2,352,025.88
Funding Source: Department of Water and Sewer Utilities Capital Budget
Contract Period: 730 days from 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:
Final Quantities Change Order #1 and Contract Close-Out increasing the contract amount by $154,365.88
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WHEREAS, Resolution 7R12-a January 16, 2013, authorized the award of Contract 01-WS2012 (Re-bid) Emergency Repair of Sewers to Montana Construction Corporation, Inc., 80 Contant Avenue, Lodi, New Jersey 07644, (“Montana”) for an amount not to exceed $2,197,660.00 in accordance with the Local Public Contracts Law N.J.S.A. 40A:11-1 et seq.; and
WHEREAS, Montana completed Contract 01-WS2012 (Re-bid) with the following necessary modifications: the Contract amount first was reduced by $1,202,808.45 for unused quantities, and then increased by $1,357,174.33 for quantity overrun due to unforeseen field conditions, modifications and emergency work that had to be performed, as detailed in the attached Final Quantity Change Order; and
WHEREAS, these necessary modifications resulted in a net increase of $154,365.88 to the total Contract amount; and
WHEREAS, the Department of Water and Sewer Utilities wishes to execute a Final Quantities Change Order No.1 to Contract 01-WS2012 (Re-bid) Emergency Repair of Sewers, with Montana which amends the Contract by increasing the contract amount by $154,365.88 and brings the final contract amount to $2,352,025.88.
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 Director of the Department of Water and Sewer Utilities, is hereby authorized, on behalf of the City of Newark, to amend Contract 01-WS2012 (Re-bid) Emergency Repair of Sewers, with Montana Construction Corporation, Inc., 80 Contant Avenue, Lodi, New Jersey 07644, by executing Final Quantities Change Order No. 1 thereby increasing the contract amount by $154,365.88 and brings the final contract amount to $2,352,025.88.
2. The amendment is ratified back to the date that the modifications were implemented as the changes were necessary to prevent public health and safety concerns, and were made in the best interests of the City.
3. The additional funds in the amount of $154,365.88 required for this Final Quantities Change Order No. 1 are provided as follows:
$78,000.00 under Business Unit: NW038, Dept. ID: 805, Div./Project: 8053, Account#: 71770, Budget Ref: B2014
$76,365.88 under Business Unit: NW038, Dept. ID: 805, Div./Project: 8053, Account#: 71280, Budget Ref: B2014
4. A fully executed copy of the Final Quantities Change Order No. 1 shall be filed in the Office of the City Clerk by the Department of Water & Sewer Utilities.
5. 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 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 and authorizes the Mayor and/or his designee, the Director of the Department of Water and Sewer Utilities, to amend Contract 01-WS2012 (Re-bid) Emergency Repair of Sewers, with Montana Construction Corporation, Inc., 80 Contant Avenue, Lodi, New Jersey 07644, by executing the Final Quantities Change Order No. 1 which increases the contract amount by $154,365.88 and brings the final contract amount to $2,352,025.88.