File #: 21-1484    Version: 1 Name: Resolution: Settlement Agrement - Mainlining America, LLC
Type: Resolution Status: Adopted
File created: 10/5/2021 In control: Law
On agenda: 11/4/2021 Final action: 11/4/2021
Title: Dept/ Agency: Law Action: ( ) Ratifying (X) Authorizing ( ) Amending Purpose: Pre-Litigation Settlement Agreement Docket No.: Not Applicable Claimant: Mainlining America, LLC, 555 Pound Road, Elma, New York 14059 Claimant's Attorney: Not Applicable Attorney's Address: Not Applicable Settlement Amount: $360,555.60 Funding Source: 2013 Budget/Department of Water and Sewer Utilities/Business Unit: NW041, Dept. ID 13W, Div/Proj. 13WA0, Account Code 94710, Budget Ref: B2013 Additional Comments: The Contract 11-WS2011, Rehabilitation of Water Mains (C&L) awarded to Mainlining America, LLC, 555 Pound Road, Elma, New York 14059, will be settled with the payment of $360,555.60.
Sponsors: Council of the Whole
Related files: 21-1851
Title
Dept/ Agency: Law
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Purpose: Pre-Litigation Settlement Agreement
Docket No.: Not Applicable
Claimant: Mainlining America, LLC, 555 Pound Road, Elma, New York 14059
Claimant's Attorney: Not Applicable
Attorney's Address: Not Applicable
Settlement Amount: $360,555.60
Funding Source: 2013 Budget/Department of Water and Sewer Utilities/Business Unit: NW041, Dept. ID 13W, Div/Proj. 13WA0, Account Code 94710, Budget Ref: B2013
Additional Comments:
The Contract 11-WS2011, Rehabilitation of Water Mains (C&L) awarded to Mainlining America, LLC, 555 Pound Road, Elma, New York 14059, will be settled with the payment of $360,555.60.

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WHEREAS, Resolution 7R12-c adopted on December 2, 2015, authorized the Director of the Department of Water and Sewer Utilities to award Contract 11-WS2011, Rehabilitation of Water Mains (C&L) to Mainlining America, LLC, 555 Pound Road, Elma, New York 14059 in the amount of $13,733,451.50 in accordance with the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.; and

WHEREAS, Resolution 7R12-g(AS) adopted on June 24, 2020, authorized the execution of Change Order #1 to Contract 11-WS2011 with Mainlining America, LLC, increasing the contract amount by $648,952.08 to a total contract amount of $14,382,403.58; and

WHEREAS, Resolution 7R12-f adopted on April 7, 2021, authorized the execution of Change Order #2 to Contract 11-WS2011 with Mainlining America, LLC, for the increasing the contract amount by $137,035.60 to a total contract amount of $14,519,439.18; and

WHEREAS, the City of Newark and Mainlining America, LLC, ("the Parties") expressed differing interpretations of the specifications at issue, resulting in this current dispute; and

WHEREAS, following completion of the project and the disputed work regarding the increased quantities remaining open, Mainlining America, LLC, issued a Demand fo...

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