HomeMy Public PortalAboutr 14-102No. 14-102 Date of Adoption %y 15, 2014
APPROVING FINAL PAYMENT ESTIMATE
& CLOSE OUT CHANGE ORDER /
2012 ROAD IMPROVEMENT PROGRAM
WHEREAS, the Governing Body of the Borough of Carteret has previously awarded a
contract to S. Brothers, Inc. in the amount of $644,589.50 for the 2012 Road
Improvement Program; and
WHEREAS, the Borough's Consulting Engineer for the project, CME Associates, has
advised the Governing Body that a modification of the contract is reasonable and
necessary and has reconmtended that the aforesaid contract be modified in accordance
with Final Payment Estimate & Close Out Change Order (see attached); and
WHEREAS, Final Payment Estimate & Close Out Change Order include a change in the
description of work and /or to decrease quantities to reflect as -built conditions, and to
provide for certain supplementary items; and
WHEREAS, Final Payment Estimate & Close Out Change Order provides for a net
decrease in the contract price in the amount of $295.74, resulting in a revised contract
price of $644,293.76 including all previously approved change orders; and
WHEREAS, the Borough's Consulting Engineer, CIVIE Associates has advised that the
above described changes and/or modifications to the project were unforeseen at the time
of the award of the original contract.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough
of Carteret as follows:
1. That the Final Payment Estimate & Close Out Change Order attached
hereto and made a part hereof, resulting in a net decrease of $295.74
and resulting in a revised contract price of $644,293.76 is hereby
approved.
2. That the appropriate Borough Officials are hereby authorized to
execute Final Payment Estimate & Close Out Change Order, and issue
payment thereon, based upon the recommendation of the Borough
Engineer and subject to attorneys review of the maintenance bond.
3. A copy of this resolution and a fully executed copy of Final Payment
Estimate & Close Out Change Order be forwarded to CME Associates
for distribution to S. Brothers, Inc. and the Borough Purchasing
Department.
Adopted this 15" day of May, 2014
and certified as a true copy of the
original on May 16, 2014.
KATHLEEN M. BARNEY, MMC
RECORD OF COUNCIL VOTE
COUNCILMAN
YES
I NO
I NV
A.B. 11
COUNCILMAN
IYESINO
INV
IA.B.
X
X
X
As- Absent NV -Not Voting
"meeting
XOR- Indicates Vote to Override Veto
unicipal Council
%y 15 2014
LERIC - � Ziln 4 /
V
JOHN H. ALLGAIR, RE., P.P. (1983.2001)
DAVID J. SAMUEL, P.E., P.P.
JOHN J. STEFANI, P.E., L.S., P.P.
JAY B. CORNELL, P.E., P.P.
MICHAEL J. MCCLELLAND, RE., PP
GREGORY R. VALESI, P.E., PP.
TIMOTHY W. GILLEN, RE:., l
BRUCE M. KOCH, P.E., PP
BEHRAM TURAN, PE.
TREVOR J. TAYLOR, P.E., PP
LOUIS J. PLOSKONKA, P.E.
Mayor Daniel J. Reiman and Borough Council
Borough of Carteret
61 Cooke Avenue
Carteret, NJ 07008
Attn: Kathleen Barney, Municipal Clerk
Re: 2012 Road Improvement Program
Final Pay Estimate and Closeout Change Order
S. Brothers, Inc.
CME File: HCA00607.01
Dear Mayor and Borough Council:
Transmitted herewith please find the Final Payment Estimate for the above - referenced
project in the amount of $41,642.42 as approved by this office for your review, approval and
further handling. The project is complete at this time, including all punch list items.
The change order reflects increases and decreases in original contract quantities required to
complete the project. The increases in quantities could not, in our opinion, have reasonably
been effectuated by a separately bid contract without unduly disrupting work and imposing
adverse consequences on the Borough and will provide an improved level of service to
residents.
Additionally, we are pleased to report that the Closeout Change Order results in a decrease
in the project cost from the original contract amount of $644,589.50 to an adjusted total of
$644,293.76 for a reduction of $295.74.
Also enclosed is the two (2) year Maintenance Bond in the amount of $96,644.06, fifteen
percent (15 %) of the final Contract Amount. By copy of the bond to the Borough Attorney,
we request that same is reviewed and approved.
We trust this is the information you require to process payment; however, if there are any
questions or comments, please do not hesitate to contact this office.
Enclosures
cc: John DuPont, PE, CME (via email)
Patricia Ercolino, Finance Office (via email)
Robert Bergen, Borough Attorney (via email)
CME 1 ` - 16
p
S. Brothers, Inc. (via email)
S'. \CarteretWCA0060 - 2012 Road Program \Correspondence \14 -05 -02 Final Pay Estimate.doc
CON.SIATING AND MI UPAL ENGMEERS i
460 ROUTE 9 SOUTH, HOWELL, NEW JERSEY 07731 — (732) 4627400 — FAX: (732) 409.07E6
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MAINTENANCE BOND
Bona No.01503
NOW ALL BY THESE PRESENTS, That we,
s Principal, and The Ohl
Insurance
corpora organized under the laws of the State of New Hampshire
I State of NJ
, as Surety, are held and firmly bound unto
and duty authorized to do business in
Borough of Carteret --
as Obligee, is the penal sum of Ninety six thousand Six hundred Forty Four and 061100 ( eyg6 644. __06 )
successors and
to which payment well and truly to be made we do bind ourselves, our and each of our heirs, executors, administrators,
assigns jointly and severally, firmly by these presents.
WHEREAS, the said Principal entered into a Contract with the dated 11 -1
Borough of Carteret
for 2012 Road Improvement program
WHEREAS, said Contract has been completed, and was approved on 15th
day of October , 2013
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if the Principal shall guarantee that the work
will be free of any defective al yesa �s)`follo«ng completion of tile Contract then l
this obl gauon shall o remain i
ll be void, otherwise tn
full force and effe o d tied how ssmn additionaliwarranty h a gu
, 2014
whether expressed o' implied is extended by the Principal or
or Nlanufac
day of April
, 2014
Signed and seated this 16th y p
(Seal
S. Brothers Inc.
(Sea
-j-4 INSO
'
40RPOaA)F 0 (See
SEAL 3
a
�Hi xNa The Ohio oa ally Insurance Company
BY 6 � Attornel m F
Lisa Nosal
LMS.1034310M
.................
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. c eiscat sarzeas
This Power of Attorney l imits ATT the acts of those named hereln, and they have no authority to bind the Company except In the m and to the extent herein si N o.
Liberty Mutual Insurance o p Y
American Fire and Casually Company West American Insurance Company
The Ohio Casualty Insurance Company
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations West America
hereby Company
the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the law ueuant foand by authority herein se We�Ameri erey name, Company
is a corporation duly organized under the laws of the State of Indiana (herein collectively called the °Companies ), p
and appoint, Jose h W. fvallo � Lisa Nosav Louis A. viahakes• Pamela J. Bo le• Robert E. Culnen
all of the city of Totowa , state of NJ each individually if there be more than one named, its We and lawful attorney n in p make,
execute, seal, presents an ieoge
be as l for and the Compalf as sur an
have been signed by the pr and attested by of the Companies In I their own proper persons. these presents and shall as is and e Companies and the corporate seals of the Companies have been affixed
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of th
thereto this 3rd day of March American Fire and Casualty Company
ti The Ohio Casualty Insurance Company
Liberty Mutual Insurance Company
% West merican Insurance Company
( riat4, �,. st sit
By: David M. Care; Assistant secretary
STATE OF PENNSYLVANIA ss
COUNTY OF MONTGOMERY who acknowledged himself to be the Assistant Secretary of American fire and
3 arc da of March 2� before me personally appeared David M. Carey,
1:31 Casualty this _ day
of
Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Insurance Company, and West American Insurance Company, and that he, as such, being authorized so 0 0,
@ execute lhetoregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
�o au•,•rwt A
, va –1-VA n
IN WITNESS WHEREOF, I have hereunto subihed m y n ame e a affixed rAi 111 1 u
my notarial seal at Plymouth Mee
> cling Pennsylvania, on the day and year fast above written.
)to' p r c so c ty ia ,Notary Public l d �`5� tt @r• This Power of Attorney is made and execute p )1r$t)an[�f�tand of the following By- laws and Authorizations of and Casualty Co
mpany, The Ohio Casualty Insurance
ons ofAmeri
• ) and *4e IAAh yl,an Insurance Company which resolutions are now in full force and effect reading as follows:
Company, Liberty Mutual Insu
a rance Company,
?? ARTICLE N– OFFICERS i h at
– Section l2. Power o f Attorney. or other official of the Corporation aut for that purposeinwritingby the Co r Chairman to make, execute, . Any of seal
ny to such limitation as the Chairman or the President may prescribe, shall appoint suctorneys-in -tact, as may be necessary to act in be of the Corporation t make, execute, seal
i c ac know edge as they Chairman or the President may recognizances and other surety obligations. Such attorneys-m- fact, subject topic limit at of the f orth r atio . respective all
o y powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When se
executed, such instrumen Tu be a w binding as it signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney irnfact unde
G T the provisions of this article may be revoked at any time b Board, the Chairman, the President or by the officer or officers granting such poweiorauthodty.
m C ARTICLE XIII– Execution of Contracts – SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by th Company the presiders
> and sub;ect to such limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be nece
rney actin behalf of the Compay f
nnsset f e in the
z respective pavesot eras su rety
ave full powe and all un d bon by execution
any such lnsWmntstand to s attach thee the seal of theoCompany Wlheoe shall
executed such instruments shall be as binding as if signed by the president and attested by the secretary .
Certificate of stru ents shall
The President of the Company, acting pursuant to the Bylaws of the Company authorizes rizes David M. Carey, Assistant Secretary to appoint such attorneys
-i
fact as maybe necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other sure
obligations.
of an power of a ttorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company w
Authorization – By unanimous consent of the Company's Board of DireGors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary o
Company, wherever appearing upon a certified copy y P
the same force and effect as though manually affixed.
I, Gregory W. Davenport the undersign r of attorney of which the foregoing is a full, ed, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Compa e
West American Insurance Company do hereby certify that the original powe We and correct copy of the Power of Attorney executed by s
, Companies, is in full force and effect and has not been revoked. , 20 �3.—
�I IN TESTIMONY WHEREOF I have hereunto set my hand and affixed the seals of said Companies this 16 day of
�1 It 5(fq SUq !A t17
fay:
j / `m o 391 Gregory W. Davenport, Assistant Se
i -, r % i _ t �> >�. � • ,..�..
'o k Liberty
Mix ttial.
SURETY
Assets
THE OHIO CASUALTY INSURANCE COMPANY
FINANCI,L STATEMENT — DECEMBER 31, 2013
Cash and Bank Deposits ..................... ....................
$46,964,847
*Bonds —U.S Government ...... ...............................
540,744,808
*Other Bonds ............................. ...............................
3,007,256,906
* Stocks ...................................... ...............................
483,417,169
Real Estate ............................... ...............................
26,823,784
Agents' Balances or Uncollected Premiums...........
763,252,695
Accrued Interest and Rents ...... ...............................
33,017,928
Other Admitted Assets ............. ...............................
738.119,911
Total Admitted Assets ...... ............................... .39.59R.04
Liabilities
Unearned Premiums ................. ...............................
$950,468,970
Reserve for Claims and Clauns Expense .................
2,768,804,762
Funds Held Under Reinsurance Treaties .................
0
Reserve for Dividends to Policyholders ..................
196,198
Additional Statutory Reserve ... ...............................
0
Reserve for Commissions, Taxes and
Other Liabilities ................. ...............................
536.009.637
Total .............................. ...............................
S4,255,479,567
Special Surplus Funds ................. S 8,909,896
Capital Stock ............................... 4,500,000
Paid in Surplus ............................ 738,183,897
Unassigned Surplus., ................... 632,524,688
Surplus to Policyholders ...............................
1,384.118,481
Total Liabilities and Surplus . ...............................
SS.(,l9 59R.04R
�SY INt�
y�=�oeroiyo * Bonds are stated at amortized or investment value; Stocks at Association Market Values.
i 7919 The foregoing financial information is taken from The Ohio Casualty Insurance Company's financial
yYy��HAM�? statement filed with the state of Ohio Department of Insurance.
t
I, TIM MIKOLAJEWSKL Assistant Secretary of The Ohio Casualty Insurance Company, do hereby certify that the foregoing is a true, and
correct statement of the Assets and Liabilities of said Corporation, as of December 31, 2013, to the best of my knowledge and belief.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Corporation at Seattle, Washington, this 20th day of
March, 2013.
Assistant Secretary
S42620CIC /a 4113
O� Libert Mutual
SURETY
SURETY DISCLOSURE STATEMENT AND CERTIFICATION
pursuant to N.J.S.A. 2A:44 -143
THE OHIO CASUALTY INSURANCE COMPANY, (hereinafter called "Surety "), the Surety on the attached bond, hereby
certifies the following:
1) The Surety meets the applicable surplus requirements of R.S.17:17 -6 or R.S.17:17 -7 as of the Surety's most
current annual filing with the New Jersey Department of Insurance.
2) The surplus of The Ohio Casualty Insurance Company as determined in accordance with the applicable laws
of this State, totals $1,384,118,481.00 as of the calendar year ended December 31, 2013, which amount has been
certified by Ernst & Young LLP, 200 Clarendon Street, Boston, Massachusetts, 02116, and Is included in the Annual
Statement on file with the New Jersey Department of Insurance, 20 West State Street CN -325, Trenton, New Jersey
08625 -0325.
3) The Ohio Casualty Insurance Company has received from the United States Secretary of the Treasury a
certificate of authority pursuant to 31 U.S.C. Section 9305, with an underwriting limitation established therein on July
1, 2013 in the amount of $95,052,000.00.
4) The amount of the bond to which this statement and certification is attached is $ 96.644.06
5) If, by virtue of one or more contracts of reinsurance, the amount of the bond indicated under Item (4) above
exceeds the total underwriting limitation of all sureties on the bond as set forth in Item (3) above, then for each such
contract of reinsurance:
(a) The name and address of each such reinsurer under that contract and the amount of the reinsurer's
participation in the contract is as follows:
Reinsurer Address Amount
(Not Applicable) and;
(b) Each surety that is party to any such contract of reinsurance certifies that each reinsurer listed
under item (5)(a) satisfies the credit for reinsurance requirement established under P.L. 1993, c.243 (C.17:51B -1 at
seq.) and any applicable regulations in effect as of the date on which the bond to which this statement and
certification is attached shall have been filed with the appropriate public agency.
CERTIFICATE
I, David M. Carey, as Assistant Secretary for The Ohio Casualty Insurance Company, a stock insurance company
domiciled in New Hampshire, DO HEREBY CERTIFY that, to the best of my knowledge, the foregoing statements
made by me on behalf of The Ohio Casualty Insurance Company are true, and ACKNOWLEDGE that, If any of those
statements made by me on behalf of The Ohio Casualty Insurance Company are false, this bond is VOIDABLE.
THE OHIO A AL YIN NCE COMPANY
BY
avid M. Care , Aas'01int Secretary
Dated: 4-16-2014
TEL (732) 541- .3000'
OFFICE 07 FAX (13 ?) a`41 -892q
M. 2,.RNnY, RII4GC7dC .
YtUmci?dL Ci,c ?. 61 COOK -E AYENVE
t C RT ET, NEFY IERSE.Y 07005
Date: Lb 13 2014
TO: Patrick J, DeE[asio, Treasurer
EoroughofCarzret � /%
?'- EQUEST FOR C ER T rrCATIPN. OF. A VA rT LABLE FUNDS: `
For: S. Brothers Ire., Re: Firol PaWent Fsthmte.& Close Out ange Order; Re: 20
R oad
RTr%- rot Pr0 .
AMOUiYT 10 BEENCUrl?EE�D., Ibt
D ecrease in tt>✓.cartract price of $295.74 resultir-g
contract price 0 a
KA M_BQZTHy
Municipal CIerk-
CERT'_FICA1101v OFAY_" i i Ii yOFr'U D S
_buds taco -e r cf the Borough o_ C`_eret; do' hereby c rti q that th ar e s
_-- m et to_oczble L4e Mr n riot Co❑ _—_ _ LL - .ci fi ends ail
nCii i0 du tnorjZd �nz CRicrll'= _ ' , n:th �CUrrcP:
and: _n. o a contract berg IeG, fib' Eorou�6 6r Ca.' ierei —
{� 'AV
._..1 hIPinds 2v2 fOrthlS COntf'eCi � the 2CCOLni Of
/j (4
in the anount o% �5'-7`/�
By-this cfr a6or, I have hereb Into
Y nbered the above vaned acco the anoL -,t of the convact.
PATRSC-- I. De? SSIO i
rzasi�rer
Date:
Y
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