HomeMy Public PortalAboutr 99:126No. 99-126 Date of Adoption~P~TJ.~_~Lg~9
RESOLUTION AUTHORIZING SETTLEMENT REGARDING
FEDERAL BOULEVARD PROJECT
WHEREAS, Penaloza/Calderone Asphalt Company, Inc. ("Penaloza") performed
certain road repairs to Federal Boulevard (the "Project") in the Borough of Carteret;
and
WHEREAS, the Project was unauthorized in that it arose from the fact that
additional New Jersey Department of Transportation CNJDOT") filnds remained after
the completion of another road and repair project; and
WHEREAS, the Project was approved by NJDOT and the then Borough Engineer;
and
WHEREAS, the cost of the Project exceeded the public bid threshold; and
WHEREAS, no competitive bids were ever solicited; and
WHEREAS, Penaloza has commenced an action for payment of the value of their
services in connection with the Project; and
WHEREAS, the Borough has reviexved the claim and determined it to be in the best
interest of the Borough to settle the matter.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the
Borough of Carteret that settlement of the Penaloza claim in the amount of
$38,200.00 be authorized.
BE IT FURTHER RESOLVED that the Mayor and Municipal Clerk be authorized
to execute such documents as necessary to settle the matter and obtain the release and
dismissal of the Penaloza lawsuit
Adopted this 1st day of April, 1999
and certified as a true copy of the
original on April 2, 1999.
KATHLEEN M. BARNEY,
Municipal Clerk
COUNCILMAN
CRILLEY
FAZEKAS
GUTOWSKI
RECORD OF COUNCIL VOTE
COUNCILMAN
MANCUSO
O'BRIEN
QUINONES
X Indicate Vote AB - Absent
NV Not Voting XOR - indicates Vote to Overrule Veto
Adopted at a meeting of the Municipal Council
APRIL 1, 1999