Title
Dept/ Agency: Engineering
Action: ( X ) Ratifying (X) Authorizing ( X ) Amending
Type of Service: Change Orders/Contract Amendment
Purpose: Renovation to Fire House, Engine No.7, 241 West Market Street, Newark, New Jersey 07103
Entity Name: GMT Contracting Corp.
Entity Address: 7706 Tonnelle Avenue, North Bergen, New Jersey 07047
Contract Amount: $280,000.00, with an increase of $28,100.00 for a total amount not to exceed $308,100.00
Funding Source: Essex County Improvement Authority ("ECIA") through the Bank of New York Mellon
Contract Period: January 2, 2013 through January 1, 2014
Contract Basis: ( X ) Bid ( ) State Vendor ( ) Prof. Ser. ( ) EUS
( ) Fair & Open ( ) No Reportable Contributions ( ) RFP ( ) RFQ
( ) Private Sale ( ) Grant ( ) Sub-recipient ( ) n/a
Additional Information:
Resolution 7R4-a, adopted on September 19, 2012
Contract #09-2012, "Renovation to Fire House, Engine No.7, 241 West Market Street, Newark, New Jersey 07103"
No Action Taken 7R4-d100213
No Action Taken 7R4-c 101013
body
WHEREAS, Resolution 7R4-a adopted September 19, 2012, authorized the Director of the Department of Engineering, to execute Contract #09-2012, "Renovation to Fire House, Engine No. 7, 241 West Market Street, Newark, New Jersey 07103", with the lowest, responsible bidder, GMT Contracting Corp., 7206 Tonnelle Avenue, North Bergen, New Jersey 07047, in the total bid amount of $280,000.00; and
WHEREAS, a 'Notice to Proceed' was issued dated January 2, 2013, accordingly, the contract term commenced on January 2, 2013 with a termination date of January 1, 2014; and
WHEREAS, additional work and materials were required due to (i) certain unforeseen, pre-existing conditions; and (ii) the modification of the scope of work was necessary to provide for fire alarm devices inadvertently omitted from the original specifications, all of which, require the expenditure of an additional $28,100.00; the net effect of which is to increase the contract amount from $280,000.00 to $308,100.00, as described in the attached Change Orders #1 through #3 ("Attachment A"); and
WHEREAS, the approval of these Change Orders #1 through #3 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 and 11.8, because, among other reasons, the original contract permits change orders; the cumulative proposed increase is less than a twenty per cent (20%) increase over the original contract amount; and certain of the problems and conditions discovered were unforeseen at the time the specifications were written; the change orders do not substantially change the quality or character of the items or work to be provided; and, a separate procurement process would unduly disrupt the basic work; and
WHEREAS, the Director of the Department of Engineering requests authority to execute Change Orders #1 through #3/Amendment #1, which increases the contract amount from an amount not to exceed $280,000.00 to $308,100.00.
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
1. The Mayor and/or his designee and the Director of Engineering, are hereby authorized to execute Change Orders #1 through #3/Amendment #1 to Contract #09-2012, "Renovation to Fire House, Engine No. 7, 241 West Market Street, Newark, New Jersey 07103", with GMT Contracting Corp. 7706 Tonnelle Avenue, North Bergen, New Jersey 07047, by amending the original contract amount from an amount not to exceed $280,000.00 to $308,100.00.
2. All other terms and conditions of Contract #09-2012, "Renovation to Fire House, Engine No. 7, 241 West Market Street, Newark, New Jersey 07103", shall apply and remain in full force and effect.
3. Funds for this contract in the amount of $28,100.00 shall be provided by the Essex County Improvement Authority ("ECIA") through the Bank of New York Mellon and payments made for this project shall be monitored by the City of Newark, Department of Finance.
4. The Municipal Council hereby ratifies this contract amendment from January 2, 2013 to the date of adoption of this authorizing resolution.
5. No further amendments or modifications to this amended contract shall be permitted without prior Municipal Council approval.
6. A fully executed copy of this Change Orders #1 through #3/Amendment #1, shall be filed in the Office of the City Clerk by the Director of Engineering or his designee.
STATEMENT
This resolution ratifies and authorizes the Mayor and/or his designee, the Director of Engineering, to enter into and execute Change Orders #1 through #3/Amendment #1 to Contract #09-2012, "Renovation to Fire House, Engine No. 7, 241 West Market Street, Newark, New Jersey 07103", by amending the contract amount with an increase of $28,100.00, from an amount not to exceed $280,000.00 to $308,100.00.