Title
Dept/ Agency: Engineering
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Change Order/Amend Resolution 7R4-f 090612
Purpose: Renovations to the Vincent Lombardi Memorial Center
Entity Name: Falak Construction, Inc.
Entity Address: 836 Ridgewood Avenue, North Brunswick, New Jersey 08902
Contract Amount: $970,925.45
Funding Source: City of Newark/Engineering Budget
Contract Period: January 3, 2012 through December 31, 2012
Contract Basis: ( ) Bid ( ) State Vendor ( ) Prof. Ser. ( ) EUS
( ) Fair & Open ( ) No Reportable Contributions ( ) RFP ( ) RFQ
( ) Private Sale ( ) Grant ( ) Sub-recipient ( ) n/a
Additional Information:
Contract #04-2011
body
WHEREAS, Resolution 7R4-eadopted September 8, 2011, authorized the Director of the Department of Engineering to execute Contract #04-2011 Renovations of the Vincent Lombardi Memorial Center, 201 Bloomfield Avenue, Newark, New Jersey 07104, with Falak Construction, Inc., 836 Ridgewood Avenue, North Brunswick, New Jersey 08902, for a period of seven (7) months from the date after issuance of a Notice to Proceed by the Director of the Department of Engineering, for the total amount not to exceed $926,741.00; and
WHEREAS, a 'Notice to Proceed' was issued dated January 3, 2012; accordingly, the contract term commenced on January 3, 2012 with a termination date of July 2, 2012; and
WHEREAS, Resolution 7R4f adopted September 6, 2012, authorized the Director of the Department of Engineering to execute Change Orders 1 through 7/Amendment #1 to Contract #04-2011, Renovations of the Vincent Lombardi Memorial Center, 201 Bloomfield Avenue, Newark, New Jersey 07104, to (a) amending the term of the contract from January 3, 2012 to July 2, 2012 to December 31, 2012, for the purpose of completing construction, and (b) amending the contract amount from an amount not to exceed $926,741.00 to $963,825.48.; and
WHEREAS, unforeseen, pre-existing conditions required the expenditure of an additional $7,099.97; the net effect of which is to increase the contract amount from $963,825.48 to $970,925.45, as described in the attached Change Orders #13 and #14 (Attachment A); and
WHEREAS, these Change Orders are certified by the Director of the Department of Engineering to be in compliance with the procedures outlined in applicable State Regulations, more specifically, N.J.A.C. 5:30-11.3, because, among other reasons, the changes do not substantially change the quality or character of the items or work in the original contract; the original contract permits change orders; the cumulative proposed increase is less than a twenty (20%) increase over the original contract amount; and there were conditions and problems discovered which were unforeseen at the time the specifications were written; and, a separate procurement process would have disrupted the basic work; and
WHEREAS, the Director of the Department of Engineering requests authority to execute Change Orders #13 and #14/Amendment #2 which increases the contract amount from an amount not to exceed $963,825.48 to $970,925.45.
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
- The Mayor and/or his designee the Director of Engineering, , are hereby authorized on behalf of the City of Newark to execute Change Orders #13 and #14/Amendment #2 to Contract #04-2011, Renovations of the Vincent Lombardi Memorial Center, 201 Bloomfield Avenue, Newark, New Jersey 07104, amending the contract amount from an amount not to exceed $963,825.48 to $970,925.45.
- All other terms and conditions of Contract #04-2011, Renovations of the Vincent Lombardi Memorial Center, 201 Bloomfield Avenue, Newark, New Jersey 07104, shall apply and remain in full force and effect.
- Attached hereto is the certification of funds with available balances issued by the Chief Financial Officer, City of Newark, which states that there are available sufficient legally appropriated funds for the purpose set forth hereinabove, in the amount of $7,099.97. Funds for this project shall be from Fund: 045, Department 012, Project 12A10, Account 94710, Budget Year 2012.
- No additional modifications or amendments to this contract will be allowed without prior Municipal Council approval.
- A fully executed copy of Change Orders #13 and #14/Amendment #2 to Contract #04-2011, Renovations of the Vincent Lombardi Memorial Center, 201 Bloomfield Avenue, Newark, New Jersey 07104, shall be filed in the Office of the City Clerk by the Director of the Department of Engineering.
STATEMENT
This resolution authorizes the Mayor and/or his designee Director of Engineering,, on behalf of the City of Newark to execute Change Order/Amendment #2 to Contract #04-2011, Renovations of the Vincent Lombardi Memorial Center, 201 Bloomfield Avenue, Newark, New Jersey 07104, by amending the contract amount with an increase or $7,099.97, from an amount not to exceed $963,825.48 to $970,925.45.