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HomeMy Public PortalAboutr 21-200lboolu#ion of the 190roug4 of (far #ere#, N� 51 #21 -200 Date of Adootio October. 14, 2021 APPROVING CHANGE ORDER #2 FOR CONTRACT 2019 -2 REHABILITATION OF THE ROOSEVELT AVENUE PUMP STATION WHEREAS, the Governing Body of the Borough of Carteret has previously awarded a contract to Coppola Services, Inc. in the amount of $3,514,890.00 for the Rehabilitation of the Roosevelt Avenue Pump Station (the "Project "); and WHEREAS, the Borough Attorney has advised the Governing Body that the Borough's Consulting Engineer for the project, Mott Mac Donald, has reported that a modification to the contract is reasonable and necessary for the efficient completion of the work due to the unforeseen conditions related to the need to remove an underground storage tank at the pump station, and the assessment of a new chemical injection system for the beneficial treatment of wastewater, and, as a result, has recommended that the aforesaid contract be modified in accordance with proposed Change Order #2; and WHEREAS, Change Order #2 includes an addition to the scope of work for the installation of the aforementioned chemical feed system, and the attached certified statement from Peter Giamrnona, P.E., of Mott MacDonald, details why this change order is necessary and in the best interests of the Borough; and WHEREAS, Change Order #2 provides for a net increase in the contract price in the amount of $720,663.74, resulting in a revised contract price of $4,235,553.74, including all change orders to date; and WHEREAS, Change Order 42, if approved, will result in a net increase of just slightly more than 20% of the original contract amount, (20.5%), and the Borough's Consulting Engineer, Mott Mac Donald, has provided a certified statement as to the nature of the additional work to be per%rmed and that the scope and design of changes and/or modifications to the project were unforeseen at the time of the award of the original contract; and the Borough's Law Director has so advised the Governing Body that this change order would not result in the abuse of the applicable administrative rules governing the award of this contract and change order. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Borough Council of the Borough of Carteret, County of Middlesex, State of New Jersey as follows: I. That Change Order 02, in a form approved by the Law Director, providing for a net increase of $720,663.74 in the overall contract price, and resulting in a revised total contract price of $4,235,553.74, including any modifications to the original contract price in accordance with any and all previously approved change orders, is hereby approved in accordance with the certified recommendations of the Project Engineer and the Borough's Law Director. 2. That the appropriate Borough officials are hereby authorized and directed to execute Change Order 92, which shall also serve as a written amendatory . contract for the additional work as approved by the Law Director, all based upon the aforementioned recommendations. 3. That a copy of this Resolution and a fidly executed copy of Change Order #2 be forwarded to the Borough's Purchasing Department, and Mott MacDonald for distribution to Coppola Services, Inc. NO. #21 -200 PAGE S 4. That the Borough Clerk provide the necessary publication and notice of this action and insure the required filings related thereto be made with New Jersey Division of Local Government Services along with the applicable relevant Borough budget and audit. Adopted this 14di day of October, 2021 and certified as a true copy of the original on October 15, 2021. CARMELA POGORZELSKI, RMC Municipal Clerk RECORD OR COUNCIL VOTE COUNCILMAN YES NO NV A.B, COUNCILMAN YES NO NY A.B. BELLING X JOHAL X DIAZ X KRUM X DIMASCIO X NAPLES x X- Indicate Vote AB - Absent NV - Not Voting XOR- Indicates Vole to Overrule Veto. Adopted at a meeting of the Municipal Council fpT] October 14, 2021 1 � Municipal Clerk'. 1 .i Ue BOROUGH OF MUNICIPAL CLHIX To: Parrickj. DeBlasicx, Tteasurer Borough of Carteret Daintal A REQUEST FOR CERTIFICATION OF AVAIC.A LY FUMS: 20 alb f() O MMA r�r! I7�11+ Amount to be encumbered: Resolution A �O eViS�:c? Con'hat��- (`2 �ly,a3bx55'�,14) lulu clpal Cler ' l �Ptltl RRtlPPP PPtlpPRtlpbRPp PPPtlq PP PptlPRRCptl PpR pgPp pp ppPptl pPbpPPp PRP PPP PPppP4PG CERTIFICATION OF AVAILABILITY OF Ft)IVDS 1, Deaaurer of-the Borough of Carteret, do hereby ee -* that there are sufficient fdnds available in the current budget to enable the Borough Council to authorize the entering into a conrxaet between the Borough of Carteret and: L i The funds available for this contract are in the budget, in the account of C -ad _l % °�'/ -�i ��31 2N`l•u,3 / -or_ S�" -s�! ^Lai 2y, /z2.�( in the amount of: I,SS' 3 ! (3 5 B� this certification, I have hereby encumbered the above n accomt for the amount o£ the conlractFendirxg Council action, ' Patartclz j'. DeBlasio, Treasraxrx Date: MO- MoxiallvlunicipalBuiiding 0 61 Cook Averme o Carraret,Alerr Jersey070ots Tel: 732 - 541 -3800 0 Fax,, 732- S41 -Q9 25 ®www.rnrfnrn, g AFFIDAVIT OF PUBLICATION The following is a true copy of an Ordinance or Resolution of the Borough of Carteret that has appeared in the Home News Tribune, a newspaper which is printed in Freehold, New Jersey and published in Neptune, in said County and State and of general circulation in said county. One 1 time(s), once in each issue as follows: October 19, 2021 i C a�'4z Notary Public of New Jersey DANA C. ARCHEVAL NOTARY PUBLIC OF NEW JERSEY My Commission Expires 1/1212022 Sworn and subscribed before me this L A day of AtArr 26,)l I I � r Carmela Pogorzels�ki�RMC,l Municipal Clerk BOR NOTICE OF.. %ease be advised that on MI/NR MEMORU 61 CARTER CARMELA POGORZELSKI,R Municipal Clerk ($21:50) - - MEMORANDUM TO: MAYOR AND BOROUGH COUNCIL FROM: ROBERT J. BERGEN, ESQ. LAW DIRECTOR DATE: OCTOBER 13, 2021 RE: REHABILITATION OF ROOSEVELT AVNEUE PUMP STATION/ CHANGE ORDER NO. 2 As I am sure you are aware, the Borough has entered into a Contract with Coppola Services, Inc. with regard to the above referenced project improvements, the work on which is significantly completed. As we have discussed, this Memorandum shall serve as a formal request for the governing body's approval of a proposed Change Order No. 2 for the referenced additional scope of work. This proposed Change Order will result in an increase in the original contract amount of very slightly more than twenty percent (20 %); twenty and a half percent (20.5 %). Again, as we have discussed, the applicable law restricts such change orders to very limited circumstances. Such is the case here where, after the necessary initial study and data collection was performed during the past year of construction for this Contract 2019 -2 for the Roosevelt Avenue Pump Station, it has been assessed that the added installation of a new Bioxide chemical feed system at the pump station will be beneficial to treat the Borough's sewerage for the purpose of hydrogen sulfide reduction. As noted in the attached certification from Mott MacDonald, if a separate contract, with all of its incumbent phases were necessary at this time, it would certainly result in an unreasonable interference with the efficient completion of the Contract Work, and the beneficial use of the treatment of wastewater would be significantly delayed for an additional year. Consequently, as noted above, attached hereto is a certification from Peter Giammona, P.E., Mott MacDonald, our Consulting Engineer on this project, detailing the circumstances which, in our combined professional opinions, justify the issuance of this proposed Change Order. Furthermore, for the reasons set forth in detail therein, it is my opinion that approval of this Change Order is proper under the applicable law and would not result in any abuse of the rules governing the award of this collective Contract Work. Finally, as we discussed, I will prepare a resolution incorporating this information for your consideration. I have reviewed the prosed Change Order and find it to be in acceptable form to serve as a written amendatory contract for the additional work. I certified to the foregoing statement. Should you have any further questions, please do not hesitate to contact me or Mr. Giammona. M M MOTT M MACDONALD Mr. John P. DuPont, PE, CME, PP Director of Municipal Engineering 61 Cooke Avenue Carteret, NJ 07008 Borough of Carteret Contract 2019.2 Rehabilitation of Roosevelt Avenue Pump Station Change Order No. 2 — Bioxide Chemical Feed System 3 Paragon Way Freehold NJ 07728 October 12, 2021 United Slates of America Mr. DuPont, T +1 (732) 780 6565 F +1 (732) 577 0551 Mott MacDonald has developed the full documents for submission of the Change motimac.com Order No. 2 for a Bioxide Chemical Feed System to the Contract 2019 -2: Rehabilitation of Roosevelt Avenue Pump Station. This Change Order has been developed by Mott MacDonald in coordination with the Contractor and Borough, to include the work associated with the installation of a new Bioxide chemical feed system. This work will include the installation of a new Bioxide chemical feed system with a VersaDose® LT (VDLT) linked control system for the Roosevelt Ave Pump Station with a 3,050 - gallon double - walled tank, chemical feed pumps, control panel, associated equipment, piping, and injection point. The infrastructure work associated with the installation of a new Bioxide chemical feed system, for treatment of Hydrogen Sulfide incoming flow to the Roosevelt Avenue Pump Station wet well, would be more efficiently performed as a Change Order under the current Contract 2019 -2 due to the length of time for the tank system materials to be delivered to the Roosevelt Avenue Pump Station site. There is currently a 6 -month lead time between the ordering /delivery of the 3,050 - gallon tank and pump control system. If materials are ordered within a timely matter and installed, this will allow the Borough to be treating the incoming flow for the purpose of reducing Hydrogen Sulfides by late spring of 2022 and ready for the high service activity realized within the wastewater for upcoming 2022 summer season. The current on -site contractor has performed rehabilitation upgrades throughout the station site, both inside and outside, and is very familiar with the small working area of the project site located within the Borough's Department of Public Works yard. Mott MacDonald initiated contact with Evoqua for an initial study and data collection during the last week of the bid period of Contract 2019 -2 in May 2020, based on a request by the Borough. The initial study and data collection was performed over the past year of construction during Contact 2019 -2 Roosevelt Avenue Pump Station. The proposed bioxide treatment system is expected to initially provide beneficial use to the Borough upon its installation through initial observance and optimization of dosage needed throughout the summer period. If a separate contract including phases of engineering plan and specification design, bidding, award, and Mconstruction of this work are necessary, it is likely that beneficial use of the treatment M of wastewater would be significantly delayed and treatment of sewage for the MOTT purpose of hydrogen sulfide reduction extended an additional year. MACDONALD The final cost of this Change Order No. 2 has been submitted, reviewed, and deemed acceptable by Mott MacDonald in the value of $155,366.20. With the acceptance of the Change Order No. 1 in the value of $565,297.54, this Change Order No. 2 cost will result in the total amount of change orders for Contract 2019 -2 executed to exceed the originally awarded contract price, $3,514,890, by slightly more than 20 percent (approximately 20.5 %). In order to remain under the 20 percent threshold, per N.J.A.0 5:30 -11, the value of the Change Order No. 2 would have to remain below $137,680.46, and with the final cost of $155,366.20 as mentioned, the difference is $17,687.74. Due to the scope of the work and negotiated discussions with the current contractor, a reduction of the proposed cost of Change Order No. 2 by this value is not possible. Per acceptance by the Borough, Mott MacDonald certifies the above statements made are true in relation to Contract 2019 -2. Should any questions arise or if you would you like additional information regarding this Change Order No. 2, please do not hesitate to contact our office. Very truly yours, Mott MacDonald Peter Glammona, P.E. Project Engineer T: +1 (732) 780 6565 Peter.Glammona@mottmac.com cc: Angelo Bufaino, P.E., Senior Vice President, Mott MacDonald Eric Betz, P.E., Development Manager, Mott MacDonald October 12, 2021 l Page 2 of 2