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Dept/ Agency: Law
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Purpose: Accepting Funds - Settlement of Civil Litigation
Docket No.: ESX-L-007632-21
Claimant: City of Newark
Claimant's Attorney: Schenck, Price, Smith & King, LLP, 220 Park Avenue, PO Box 991, Florham Park, New Jersey 07932
Settlement Amount: $1,250,000.00
Funding Source: City of Newark, Department of Engineering
Additional Information:
Contract #07-2014 Hayes Park East Improvements, 608-630 Ferry Street, Newark, New Jersey 07105, Resolution 7R4-C adopted April 1, 2015, Amended Resolution adopted on March 1, 2017 and October 4, 2017 authorizing extensions of Contract Resolution 7R3-A (A.S.). There is no additional cost to the City of Newark.
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WHEREAS, on September 10, 2014, the City received bids for improvements to and the erection of an indoor/outdoor sports facility at Hayes Park East (the "Hayes Park Project"); and
WHEREAS, Z-Tech was determined to be the lowest responsive, responsible bidder; and
WHEREAS, the parties executed a contract on May 20, 2015 (the "Contract"), which contract amount was adjusted to $4,552,149.60, inclusive of change orders. The original Contract completion date was May 20, 2016 (the "Completion Deadline"); and
WHEREAS, the City granted Z-Tech two extensions of the Completion Deadline, the first to May 19, 2017 and then to May 18, 2018; and
WHEREAS, despite these extensions, the Project was not completed; and
WHEREAS, the City formally terminated the Contract on September 25, 2019, pursuant to Article 10.8 of the Contract, by certified letter to Z-Tech; and
WHEREAS, the City paid Z-Tech approximately $2,921,293.18 against the Contract. Per Payment Application No. 14 (the final payment application submitted, dated April 13, 2018), the remaining contract balance is approximately $1,688,838.65; and
WHEREAS, the Parties entered into a series of mediation conferences with the goa...
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