Title
Dept/ Agency: Law
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Purpose: Settlement of Pre-Litigation Demand for Payment
Docket No.: None
Claimant: Berto Construction, Inc.,
Claimant's Attorney: Frank D. Angelastro, Esq.
Attorney's Address: 420 Lafayette Street, Newark, New Jersey 07105
Settlement Amount: $60,523.89
Funding Source: City of Newark, Department of Engineering
Additional Comments:
Vendor's Address: 625 Leesville Avenue, Rahway, New Jersey 07065
Invitation: Corporation Counsel, May 14, 2013
No Action Taken 7R7-a 051513
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WHEREAS, Resolution 7R4-d was adopted by the Newark Municipal Council on February 3, 2010 awarding Public Works Contract #10-2008, David L. Warner Playground Restoration (hereinafter, the "Project"), to Berto Construction, Inc., 625 Leesville Avenue, Rahway, New Jersey 07065, to provide playground restoration for the total amount of $478,901.52; and
WHEREAS, a representative of the Department of Engineering authorized Berto Construction, Inc. to construct a decorative wall at a cost of $74,945.84, over and above the $24,000.00 contract amount for a retaining wall; and
WHEREAS, Berto Construction, Inc. presented to the City of Newark a Change Order Request for that amount, which has not been paid to date; and
WHEREAS, the City of Newark has inspected the improvements at the aforementioned playground and closed out the contract; and
WHEREAS, the Director of the Department of Engineering has confirmed that the City received the benefit of the services; however, the parties have agreed to deduct from the amount to be paid, the sum of $24,000.00; and
WHEREAS, the Director of the Department of Finance has certified that there are adequate, appropriated monies available to pay the: a) net balance of the outstanding invoice ($73,446.94), less the cost of the original retainin...
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