Title
Dept/ Agency: Water and Sewer Utilities
Action: ( ) Ratifying (X) Authorizing ( X ) Amending
Type of Service: Change Order #1 /Amend Resolution 7R12-c adopted on December 2, 2015
Purpose: To execute Change Order #1 for Rehabilitation of Water Mains Contract 11-WS2011.
Entity Name: Mainlining America, LLC
Entity Address: 555 Pound Road, Elma, New York 14059
Contract Amount: Not to exceed $14,382,403.58
Funding Source: Water and Sewer Utilities Capital Budget/NW041-13W-13WAO-94710-B2013
Contract Period: 730 days from a Notice to Proceed
Contract Basis: ( X ) Bid ( ) State Vendor ( ) Prof. Ser. ( ) EUS
( X ) Fair & Open ( ) No Reportable Contributions ( ) RFP ( ) RFQ
( ) Private Sale ( ) Grant ( ) Sub-recipient ( ) N/A
Additional Information:
Original Resolution 7R12-c adopted on December 2, 2015 awarded a contract in an amount not to exceed $13,733,451.50.
Change Order #1 will increase the original contract amount by $648,952.08 for a total contract amount not to exceed $14,382,403.58.
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WHEREAS, Resolution 7R12-c adopted on December 2, 2015, authorized the award of Contract 11-WS2011, Rehabilitation of Water Mains, to Mainlining America, LLC, 555 Pound Road, Elma, New York 14059 (“Mainlining”), 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, during the course of the Project, various unforeseen conditions were encountered, which necessitated work change directives, increasing estimated item quantities included in the contract, as well as additional out-of-scope work, resulting in increased net amount of $648,952.08, to complete the Project; and
WHEREAS, Contract 11-WS2011, therefore, is to be amended with a net amount of $648,952.08 to be added to the total contract amount; and
WHEREAS, the Department of Water and Sewer Utilities wishes to execute Change Order #1 to Contract 11-WS2011, Rehabilitation of Water Mains, with Mainlining America, LLC, 555 Pound Road, Elma, New York 14059, increasing the contract by $648,952.08, bringing the total contract amount to $14,382,403.58; and
WHEREAS, the Municipal Council adopted the Contractor Pay-to-Play Reform Ordinance, R.O. 2:4-22C, which forbids the award of a contract of a Business Entity, as defined therein, which has made or solicited political contributions to Newark Municipal Candidates, office holders having ultimate responsibility for the award of a contract; candidate committees of the aforementioned candidates, and political or political party committees of the City of Newark or County of Essex; and continuing political committees or political action committees regularly engaged in the support of the City of Newark Municipal or County of Essex elections; and certain other political party or candidate committees, in excess of certain thresholds.
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
1. The Municipal Council hereby authorizes the Mayor and/or his designee, the Director of the Department of Water and Sewer Utilities, to execute Change Order #1 to Contract 11-WS2011, Rehabilitation of Water Mains, with Mainlining America, LLC, 555 Pound Road, Elma, New York 14059, increasing the contract by $648,952.08, bringing the total contract amount to $14,382,403.58.
2. Attached hereto is a Certification of Funds from the Chief Financial Officer, which states that funds in the amount of $648,952.08, are available in the Department of Water and Sewer Utilities, Capital Budget under: Business Unit NW041, Department ID 13W, Project 13WA0, Account 94710, Budget Ref. B2013 (Rehabilitation of Water Mains-Water Capital Funds) and which shall be filed along with the original resolution in the Office of the City Clerk.
3. The Director of the Department of Water and Sewer Utilities shall file a fully executed copy of the Change Order #1 in the Office of the City Clerk.
4. The Director of the Department of Water and Sewer Utilities shall file a fully executed copy of the Change Order #1 with the New Jersey Department of Environmental Protection (NJDEP).
5. This contract was solicited and awarded pursuant to the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq., and is in compliance with the City’s Contractor Pay-to-Play Reform Ordinance, R.O. 2:4-22C.
6. If required by State Law, the City Clerk shall provide the appropriate notice of the award of this contract to the State Comptroller no later than twenty (20) business days following such award, in accordance with N.J.S.A. 52:15C-10 and the Notice of the Office of the State Comptroller dated May 7, 2008.
STATEMENT
This resolution authorizes the Mayor and/or his designee, the Director of the Department of Water and Sewer Utilities, to execute Change Order #1 to Contract 11-WS2011, Rehabilitation of Water Mains, with Mainlining America, LLC, 555 Pound Road, Elma, New York 14059, increasing the contract by $648,952.08, bringing the total contract amount to $14,382,403.58.