HomeMy Public PortalAboutr 14-191No. _14 -191
Date of Adoption l -tober 2 , 2014
APPROVING FINAL PAYMENT AND CLOSEOUT CHANGE ORDER
WATERFRONT MARINA WATER AND SEWER EXTENSION PROJECT
WHEREAS, the Governing Body of the Borough of Carteret has previously awarded a
contract to P &A Construction, Inc., in the amount of $1,132,368.00 for the Waterfront
Marina Water and Sewer Extension Project; and
WHEREAS, the Borough's Consulting Engineer for the project, CIVIE Associates, has
advised the Governing Body that a modification of the contract is reasonable and
necessary and has recommended that the aforesaid contract be modified in accordance
with Closeout Change Order (see attached); and
WHEREAS, Closeout Change Order includes a change in the description of work to
increase or decrease quantities to reflect as -built conditions, and to provide for certain
supplementary items; and
WHEREAS, Closeout Change Order provides for a net decrease in the contract price in
the amount of $68,858.72, resulting in a revised contract price of $1,105,749.16
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 Closeout Change Order attached hereto and made a part
hereof, resulting in a net decrease of $68,858.72 and resulting in a
revised contract price of $1,105,749.16 is hereby approved.
2. That the appropriate Borough Officials are hereby authorized to
execute Final Payment and Closeout Change Order, based upon the
recommendation of the Borough Engineer and subject to allomey
review of the maintenance bond.
3. A copy of this resolution and a fully executed copy of Final
Payment and Closeout Change Order to CIVIE Associates for
distribution to P &A Construction, Inc. and the Borough Purchasing
Department.
Adopted this ' 2 ad day of October, 2014
and certified as a true copy of the
original on October 3, 2014.
LIlVDA A. RIVERA
Assistant Municipal Clerk
RECORD OF COUNCIL V(
COUNCIUMAN
YES
NO
NV
A.B.
COUN'nLNIAN
YES
NO
NV
A.B.
IQd.'1
X
DTAz
X
X - Indicate Vote An - Absent NV - Not Voting
XOR Indicates Vote to
Adopted at a meeting of the Municipal Council
(xtcb H201�4
Cj,�, e CLERK
COLIN
2 , U
PAICICIiC
I;
TEL
(7 641,38
FAX
(732) 541-392
Gi COOKE AVENUE
CARTERET,
NE (.y JERSEY 07003
Date: 0--tober1 , 2014
70: P j, 31;zs10,
Borough OFC21
REQUEST FOR CER 7 , j . 7- CATIPM. OF. A VAIFA.BLTE FUNDS:
A Gms nrtion, Irj-. . R Fifol PaWEnt - and Gloseatt GITge axier, . Re: Waterfront . * ma'rim
N -mot of crount:
A Nf 0 ui1-T . /I
TO BE E-?VCTJA�1EPZD
Net I - rn2 in ti cmtr-Y-'t price of $68,858.72'tuslutir i,.
P rwisecl contract Price of $1 105,749.16.
-KAT17—i EEW IYL DA-PUN ti
Municipal Cl
C . E R TEK CA -!-:10 1 " - 0 r OF E7U S
the BoroaEh of Tr easure of
1 Cazt do herdby ctrL,:3,,r that t_�cr
v
able-Lhe Pat d are SLL-5 9"Iqds tn ,
as-id: to UF-fjQ[jZd Lop a contract bet-w
�Porouah
The F-mcs available for th:, C' o " t ract i - ;e (n the Bud g
l et, Lin the account
lie—, L 01.
in the anoun t or -
By this ctrtLicar-ioq I have hertby c the abo ncLmbered L VC Mad accnurit "h
e amount Cftnc contract
PATPU&!.De3KAST , 7
reEsurdc
Date:
CCnriATFC LOUIS J. PLOSKONKA, RE
September 15, 2014
Mayor Daniel J. Reiman and Borough Council
Borough of Carteret
61 Cooke Avenue
Carteret, NJ 07008
Attn: Kathleen Barney, Municipal Clerk
Re: Final Payment and Closeout Change Order
Waterfront Marina Water and Sewer Extensions
Borough of Carteret, Middlesex County, NJ
CME File: HCA00302.01
Dear Mayor and Borough Council:
Transmitted herewith please find the Final Payment Estimate for the above - referenced
project in the amount of $22,114.99 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 adjusted contract amount of $1,174,607.88 to an adjusted total of
$1,105,749.16 for a reduction of $68,858.72.
Also enclosed is the two (2) year Maintenance Bond in the amount of $165,862.37, 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.
�/I �
Enclosures
cc: John DuPont, PE, CME (via email)
Patricia Ercolino, Finance Office (via email)
Robert Bergen, Borough Attorney (via email)
P&A Construction (via email)
truly yours,
�Aylor, PE, PP, CME
S: \Carlerel \HCA0030201 - Waterfront Marina Water and Sewer Ex tensions \Correspondence1302 -01 Final Payment 8- 19- 14.doc
CCM1S MING AND MIXJIOPAI ENRU NEERS
1460 ROUTE 9 SOUTH, HOWELL, NEW JERSEY 07731 —(732)462-7400— FA%:
4� 1 ,
q
L r ,L
W
JOHN H. ALLGAIR, P.E., P.P. (1983.2001)
DAVID J. SAMUEL, P.E., P.P.
JOHN J. STEFANL P.E., L.S., P.P.
JAY B. CORNELL, P.E., P.P.
MICHAEL J. McCLELLAND, P.E., P.P.
GREGORY R. VALES[, P.E., P.P.
®
TIMOTHY W. GILLEN, RE., RP
W e
BRUCE M. KOCH, RE., P.P.
®
BEHRAM TURAN, P.E.
TREVOR J. TAYLOR, P.E., P.P.
CCnriATFC LOUIS J. PLOSKONKA, RE
September 15, 2014
Mayor Daniel J. Reiman and Borough Council
Borough of Carteret
61 Cooke Avenue
Carteret, NJ 07008
Attn: Kathleen Barney, Municipal Clerk
Re: Final Payment and Closeout Change Order
Waterfront Marina Water and Sewer Extensions
Borough of Carteret, Middlesex County, NJ
CME File: HCA00302.01
Dear Mayor and Borough Council:
Transmitted herewith please find the Final Payment Estimate for the above - referenced
project in the amount of $22,114.99 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 adjusted contract amount of $1,174,607.88 to an adjusted total of
$1,105,749.16 for a reduction of $68,858.72.
Also enclosed is the two (2) year Maintenance Bond in the amount of $165,862.37, 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.
�/I �
Enclosures
cc: John DuPont, PE, CME (via email)
Patricia Ercolino, Finance Office (via email)
Robert Bergen, Borough Attorney (via email)
P&A Construction (via email)
truly yours,
�Aylor, PE, PP, CME
S: \Carlerel \HCA0030201 - Waterfront Marina Water and Sewer Ex tensions \Correspondence1302 -01 Final Payment 8- 19- 14.doc
CCM1S MING AND MIXJIOPAI ENRU NEERS
1460 ROUTE 9 SOUTH, HOWELL, NEW JERSEY 07731 —(732)462-7400— FA%:
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GREATAjqLtZICAN
INSURANCE COMPANIES
MAINTENANCE BOND
Bond No. 3258671
KNOW ALL MEN BY THESE PRESENTS, That we, P & A Construction, Inc.
650 Leesville Avenue, Rahway, NJ 07065 as Principal,
and the GREAT AMERICAN EQSURANCE COMPANY, a corporation organized under the laws of the State of
Ohio and duly authorized to transact business in the State of New Jersey
as Surety, are held and firmly bound unto Borough of Carteret
61 Cooke Avenue, Carteret, NJ 07008 as Obligee, in the sum of
One Hundred Sixty Five Thousand Eight Hundred Sixty Two and 37/100 ( $165,862.37 ) DOLLARS,
for the payment whereof well and truly to be made, and Principal and the said Surety, bind themselves, their heirs,
executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
SIGNED, sealed and dated this 17th
dayof September 1 2014
WHEREAS the Principal and the Obligee have entered into a Nwitten agreement dated the 24th
Extensions
day of July
2013 ,for waterfront Marina Water and Sewer
the tennis of which agreement were completed and accepted the 1st
2014 ;and
WHEREAS the Principal has given a Two ( 2
or otherwise against defective materials and workmanship.
day of June
year maintenance guarantee under said agreement
NOW, THEREFORE, the condition of this obligation is such that if the Principal shall well and truly comply
with such guarantee, then this obligation to be void; otherwise it shall remain in full force.
PROVIDED that no right of action shall accrue on this bond to or for the use of any person or corporation
other than the Obligee named herein; and
PROVIDED FURTHER that the Surety shall have no liability under this bond unless the Obligee shall give
written notice of claim of the Principal's failure to comply with such guaranteed to the Surety at its Administrative
Office at 580 Walnut Street, Cincinnati, Ohio 45202 such notice to be given within the Two ( _ year
year maintenance period.
P & A Construction, Inc.
650 Leesville Avenue, Rahway, NJ 07065
Countersigned:
'wdlla P BareosPr inclpal =W/ i reas
GREAT AMERICAN INSU 'CE `b111PANY
/ ,
l J
Not Required B - /!� /� �-`P p 1
l f `
Resident Agent A (orney -in- cr
William L. Minderjahn - Attorney -In -Fact
F.9607D (3/00)
GREAT AMERICAN INSURANCE COMPANY®
Administrative Office: 301 E 4TH STREET • CINCINNATI, OHIO 45202 • 513 - 369 -5000 • FAX 513 - 723 -2740
The number of persons authorized by
this power of attorney is not more than TWO
No.0 18328
POWER OF ATTORNEY
KNOW ALLMEN BY THESE PRESENTS: That the GREATAMERICAN INSURANCE COMPANY, a corporation organized and existing under
and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below, each individually if more than
one is named, its tithe and lawful allomey -in -fact, for it and in its name, place and stead to execute on behalf of the said Company, as surety, any and all bonds,
undertakings and contracts of suretyship, or other written obligations in Ore nature thereof; provided that the liability of the said Company on any such bond,
undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below.
Name Address Limit of Power
WILLIAM L. MINDERJAHN BOTH OF BOTH
BRANDON W. EDWARDS MONTGOMERYVILLE, PENNSYLVANIA ^5100,000,000
This Power ofAttomey revokes all previous powers issued on behalf of Ole attorney(s) -in -fact named above.
IN WITNESS XWEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate
officers and its corporate seal hereunto affixed this 24th day of JULY 1 2013
Attest GREAT AMERICAN INSURANCE COMPANY
�e tk
Assistant Secmlaiy DAIs/aml Senior lice President
STATE OF OHIO, COUNTY OF HAMILTON - as:
DAVID C. KITCHIN (877 -377 -24057
On this 24th day of JULY 2013 , before me personally appeared DAVID C. KITCHIN, to me
known, being duly swom, deposes and says that he resides in Cincinnati, Ohio, that he is a Divisional Senior Vice President of the Bond Division of Great
American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal
affixed to the said instrument is such corporate seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his
name thereto by like authority.
KAREN L, GROSHEIM
NOTARY PUBLIC, STATE OF OHIO
MY COMMISSION EXPIRES 02.20.16
.O.
r
This Power ofAttomey is granted by authority of Ore following resolutions adopted by the Board ofDirectors of Great American Insurance Company
by unanimous written consent dated June 9, 2008.
RESOLIBD: 77ot the Divisional president, tie several Divisional Senior I ice Presidents, Divisional Dice Presidents and Divisonal Assistant I ice
Presidents, or any one of thern, be and hereby is authorizer, from time to time, to appoint one or more Attorneys -in -Fact to execute on behalf of the Company
as surety an and all bonds, undertakings and contracts ofsureoship, or other written obligations in the nature thereof* to prescribe their respective ditties and
the respective lbnits oftheir a thorio and to revoke any such appointment at any tittle.
RESOLVED FURTHER: That the Comparty seal and the signature of any of the aforesaid of and any Secretary at- Assistant Secretary of the
Company m(ry be affixed byfacsindle to ahypaver ofatiornev or certificate ofeither given for the execution ofany band, undertaking, contract ofsurelyship,
or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as lite original signature of such
officer and the original seal of the Company, to be valid and binding upon the Company with the sane force and effect as though manually affixed.
CERTIFICATION
1, STEPHEN C. BERAHA, Assistant Secretary of Great American Insumncc Company, do hereby certify that the foregoing Power ofAttomey and
the Resolutions of the Board of Directors of June 9, 2008 have not been revoked and are now in full force and effect.
Signed and sealed this 17th
y ^ "..
day of September , 2014
Assisrm+t Secrzlnp'
S1 029AG (4/11)
GREARMBRICg
INSURANCE GROUP
Great Amsdom Insurance Group toner
301 E korth Sueel
CindMall, CN 45202.4201
OreaVvnedcannswance.cam
GREAT AMERICAN INSURANCE COMPANY
STATEMENT OF ASSETS, LIABILITIES AND CAPITAL & SURPLUS
AS OF DECEMBER 31, 2013
ADMITTED ASSETS
tfonos ......................................................... ............................... $
2,544,212.844
Stocks .............. .................. ....... ................................................
1,128563,293
Mortgage loans on real estate......................... ................... .......
148,754,552
Real estate (net of encumbrances) ............. ...............................
48,816,776
Cash and short-terns investments ............... ...............................
218,303,339
Oth er invested asset s ................................. ...............................
58378.781
Receivable for securities....... ......................... ...........................
12,504,515
Investment income due and acc rued .......... ...............................
27,299,819
Agents' end premium balances .................. ...............................
406,650,565
Reinsurance recoverable on loss and loss expense payments
3,973,589,959
Net deferred tax asset.......................................... .................. ...
116,760,753
Receivable affiliates.... ........................ ............................
5,027,846
Receivable from Federal Crop insurance Corporation ..............
448,226,008
Company owned lira insurance .... ................................... I........
139,738,758
Funds held as collateral ............................. ...............................
8,803,037
Other admitted assets ................................ ...............................
15,342.040
$ 5,376892481
Secufiu" have been vatucd on the bait p¢fadbad by the National Association of lntwanee Commissioners.
STATE OF OHIO
COUNTY OF HAMILTON
LIABILITIES, CAPITAL AND SURPLUS
Unpaid losses and loss expenses ... ............................... $
2,428,657,189
Reserve for underwriting expenses ..............................
179,715,416
Federal and foreign income f axes ...............................
24,328,199
Reserve for unearned premi ums...................... .......... ..
882,051,830
Ceded reinsurance premiums payable ..........................
70,762,173
Funds held under reinsurance treaties ..........................
371,513,094
Payable for securities...... .. ..... ... ............ .......... I ... I........
28,028,742
Retroactive reinsurance ceded— ..................................
(134,566,698)
Other Ilabilities ............................. ...............................
123,100.014
Total liabilities ......................... ...............................
3,973,589,959
Capital stock ............................ S 15,440,600
Paid in surplus ......................... 315,028,062
Special surplus funds ............... 134,566,698
Unassigned funds .................... 938,267,162
Policyholders• surplus .............. ...............................
1.403.3V.522
Total. ........................................................ $
5.376.892.481
SS.:
Robert J. Schwartz, Vice President and Controller, and Slephen Beralla, Assistant Vice President and Assistant Secretary,
being duly swam, each for himself deposes end says that they are the above described ofRcers of the Great American
Insurance Company of Cincinnati, Ohio; that said Company is a corporation duly organized, existing and engaged in
business "a Surety by Virtue of the lags of the State of Ohio and has duly complied with all the requirimunts of fi
laws of said stale applicable to said Company and is duly qualified to act as Surety under such lam; that said Company
has also compiled with and is duly qualified w act as Surety under Public lau' 97 -258 enacted September 13,
1982 (96 Slat. 1047 as amended: 31 U.S.C. 9304.9308); that to [behest of their hnoxiedga and belierthe above statement is
a full, Ime and correct Statement of the Assets, Liabilities and Capital & Surplus of the said Company as ofDec<mber 3l, 2013,
Subscribed and sworn to before me
this 20th day of February, 2014.
C ontfdller
i " a ?•$/1.c '}cS -t Assislen(Secretary
Public ota
fQoiagr Pubiir., Shl(G of Ohio
My Commission Expires •OB�F adcan lnur�nceGmpanyiPmekanEmpreGOUp11l.! dCOBnenlGrwplRepublictndemnyGlap
SURETY DISCLOSURE STATEMENT AND CERTIFICATION
ptnsunnt fit N.J..S.A. 2A:44.143
(for use when sureb(ies) have a certificate from U.S. Secrelary of the Trcasmy in accordance with 31 U.S.C, 9305)
(name of snrety(bls) GREAT AN•NUCAN 1NSURANCF. COMPANY
surely(ics) on the attached bond, hereby certifics(y) file following:
(1) The surely(ies) meets (meet) the applicable capital and surplus requirements of R.S. 17:17 -6 or R.S. 17:17 -7 as of
the sorely's most current annual tiling with life New Jersey Department of Ii sumnee
(2) The capital and surplus, ns determined in accordance with the applicable Incas of this Slate, of life surety(ics)
Participating in the issuance of life roweled bond is (are) in the following annouuts as or life calendar year ended
December 31, 2013, ()tiost recent calendar year which capital and surplus mnounis are available), which amounts have
been ecrfilled on n Consolidated Certification by Ernst Rs Young LLP, 250 E. 5th Sheet, Cincinnati, Ohio 45202 and
are included in the Annual Statement on rile orith file New Jersey Depatntent of hnsuratce, 20 West State Street CN-
325, Trenton, New Jersey 05625.0325.
SURETI' COMPANIES( \' CA PITAL AND SURPLUS
Great American Insurance Company $1,403,302,522
(3) Will respect to each surety raticipating in the issuance orfhu nunehed blind that has received from the United
Stales Secuetiny of life Treasury a cerlifcn(c of nuthority pursuam to 31 U.S.C. 9305, file undeimiting limitation
established therein on July 1, 2014 (most recent calendar year available) is as follows:
SURETY CONIPANIES(1') LIMITATION
Great Anerien n Insurance Company 5140,330,000
(4) The amount of the bond to which Idle su(enneul and certification is laurelled is $ 165,862.37
(fill in bond rational)
(5) If, by virtue of one m more contracts orreinsuraace, the amount ofthe bond indicated tinder ifem (4) above exceeds
the total underwriting limitation of alt surctics oil the bond asset forth in item (3) above, then foreach such contract of
reinsurance:
(a)'] lie mane and address of rash such reinsurcr under (lint contract and the amount ortle reinsrrer's
participation in file contract is as Ibltows:
REINSURER ADDRESS AMOUNT
and:
(b) Each surely that is party to auy such conhael M' reinsurance cctlifies that each rehisurer listed under ifem
(5)(a) sntistios the credit for rcinsarlance requirement established under P.L. 1993, e.243(C.17:5113.1 ct seq.) and any
applicable regulalions in ellbet as of the date on which One bond to which (his statement laud certification is attached
shall have been filed uvith the approprinfe public agency.
C EIYf I FI CATG
(to be completed by nn authorized certifying
agent Carr each solely on the bond)
f,'I honuis Bbl. Turner, as Divisional Vice President - Bond Division fin Great American insurance Company, u
corpouvntion domiciled in Ohio, DO I IEREBY CERTIFY than, to the best of my knowledge, the foregoing statements
mode by roe are hue, and ACKNOWLEDGE that, ii ofthose statements nuale by me are Snlse, this bond is
VOIDr \I31,F;.
(Signature ofcerli tying agent /officer)
'rhonms N9. Turner
(Printed name of certifying agent /ollieer)
Divisional Vice President
P
Dated:
September 17,2014 Ci'i0e ofceni yang ngenUullicer)
(fill in monlh, day, year)