Title
Dept/ Agency: Law
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Purpose: Settlement of Civil Litigation
Docket No.: American Arbitration Case No.: 01-15-0003-4617
Claimant: LVI Demolition Services Inc. f/k/a LVI/Mazzocchi Wrecking Inc.
Claimant's Attorney: Peckar & Abramson, P.C., Alan Winkler, Esq.
Attorney's Address: 70 Grand Avenue, River Edge, New Jersey 07661
Settlement Amount: $107,267.74
Funding Source: City of Newark, Department of Engineering Budget 2017
Additional Comments:
Payment of Retainage from Contract #19-2007 Demolition of DouglasHarrison Homes, Buildings 1 through 12.
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WHEREAS, on or about July 14, 2009, pursuant to Resolution 7R4-a(S), the Municipal Council authorized the award of Contract #19-2007 to LVI/ Mazzocchi Wrecking Inc., now known as LVI Demolition Services, Inc., ("LVI") for the Demolition of the Douglas Harrison Homes, Buildings 1 through 12, (the "Demolition Project") for a total amount not to exceed $5,494,000.00; and
WHEREAS, pursuant to Contract #19-2007 Article 6.2 and N.J.S.A. 40A:11-16.3, the City deducted and retained a two percent (2%) retainage from all payments to LVI under Contract #19-2007 totaling $107,267.74; and
WHEREAS, LVI subcontracted with Prime Environmental Services, Inc., 358 Broadway, Newark, New Jersey 07104, ('Prime'), to perform asbestos removal services and removal of garbage on the Demolition Project; and
WHEREAS, work under Contract #19-2007 did not include the removal of garbage from the Demolition Project site; and
WHEREAS, during the course of the work performed under Contract #19-2007, LVI submitted a total of four (4) Change Work Order Requests: two (2) were accepted, one (1) was denied and one (1) for the amount of $328,252.15 relating to garbage removal from the Demolition Project site, remained unresolved ("Unresolved Change Order Request"); and
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