File #: 20-0699    Version: 1 Name: Change Order #1 Phase-1(A) Lead Service Line Replacement Contract 11-WS2018(Re-bid) - Pacific Construction
Type: Resolution Status: Adopted
File created: 6/15/2020 In control: Water Sewer Utility
On agenda: 6/24/2020 Final action: 6/24/2020
Title: Dept/ Agency: Water and Sewer Utilities Action: ( ) Ratifying (X) Authorizing (X) Amending Type of Service: Change Order #1/Amend Resolution 7R12-b(AS) adopted on December 19, 2018 Purpose: To execute Change Order #1 for Phase-1(A) Lead Service Line Replacement Contract 11-WS2018 (Re-bid). Entity Name: Pacific Construction, LLC Entity Address: 531 US Highway 22 East, #240, Whitehouse Station, New Jersey 08889 Contract Amount: Not to exceed $4,594,180.00 Funding Source: Water and Sewer Utilities Capital Budget/NW041-18W-18W00-94710-B2018 Contract Period: 365 days from Notice to Proceed to Final Completion, extended by 210 calendar days 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-b(AS) adopted on December 19, 2018 awarded a contract in an amo...
Sponsors: Council of the Whole

Title

Dept/ Agency:  Water and Sewer Utilities

Action: (   ) Ratifying     (X) Authorizing     (X) Amending

Type of Service:  Change Order #1/Amend Resolution 7R12-b(AS) adopted on December 19, 2018 

Purpose: To execute Change Order #1 for Phase-1(A) Lead Service Line Replacement Contract 11-WS2018 (Re-bid).

Entity Name:  Pacific Construction, LLC

Entity Address: 531 US Highway 22 East, #240, Whitehouse Station, New Jersey 08889

Contract Amount:  Not to exceed $4,594,180.00

Funding Source:  Water and Sewer Utilities Capital Budget/NW041-18W-18W00-94710-B2018  

Contract Period:  365 days from Notice to Proceed to Final Completion, extended by 210 calendar days

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-b(AS) adopted on December 19, 2018 awarded a contract in an amount not to exceed $3,830,525.00.

Change Order #1 will increase the original contract amount by $763,655.00 for a total contract amount not to exceed $4,594,180.00, and extending completion time by 210 calendar days.

 

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WHEREAS, Resolution 7R12-b(AS) adopted on December 19, 2018, authorized the award of Contract 11-WS2018 (Re-bid), Phase-1(A) Lead Service Line Replacement, to Pacific Construction LLC, 531 US Highway 22 East, #240, Whitehouse Station, New Jersey 08889, in the amount of $3,830,525.00, 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, additional lead services were identified by the Department of Water and Sewer Utilities as candidates for replacements, and determined as prudent to be undertaken under Contract 11-WS2018 (Re-bid), which necessitated increasing estimated item quantities included in the contract for the net amount of $763,655.00 and extending the time of completion by 210 calendar days, to complete the Project; and

 

WHEREAS, Contract 11-WS2018 (Re-bid), therefore, is to be amended with a net amount of $763,655.00 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-WS2018 (Re-bid) Phase-1(A), Lead Service Line Replacement, with Pacific Construction, LLC, 531 US Highway 22 East, #240, Whitehouse Station, New Jersey 08889, increasing the contract by $763,655.00, bringing the total contract amount to $4,594,180.00 and extending the contract completion time by 210 calendar days; 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-WS2018 (Re-bid) Phase-1(A) Lead Service Line Replacement, with Pacific Construction, LLC, 531 US Highway 22 East, #240, Whitehouse Station, New Jersey 08889, increasing the contract by $763,655.00, bringing the total contract amount to $4,594,180.00, and extending time of completion by 210 calendar days.

 

2.         Attached hereto is a Certification of Funds from the Chief Financial Officer, which states that funds in the amount of $763,655.00, are available in the Water and Sewer Utilities Capital Budget under Business Unit NW041, Department ID 18W, Project 18W00, Account 94710, Budget Ref. B2018 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-WS2018 (Re-bid) Phase-1(A) Lead Service Line Replacement, with Pacific Construction, LLC, 531 US Highway 22 East, #240, Whitehouse Station, New Jersey 08889, increasing the contract by $763,655.00, bringing the total contract amount to $4,594,180.00, and extending time of completion by 210 calendar days.