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No. 17-201 Date of Adoptio Nwurher 9, 20 17
APPROVING AMENDATORY CHANGE ORDER #5 AND PAYMENT
CERTIFICATE NO. 16 FOR THE
NOE STREET DRAINAGE IMPROVEMENTS PROJECT
WHEREAS, the Governing Body of the Borough of Carteret has previously awarded a
contract to Lucas Construction Group, Inc.. in the amount of $7,747,747.00 for the Noe
Street Drainage Improvements Project ( "Contract' and "Project," respectively); and
WHEREAS, the Borough Attorney has advised the Governing Body that the Borough's
Consulting Engineer for the Project, T &M Associates, has reported that a modification to
the contract is reasonable and necessary due to the unforeseen condition of the further
impacted historic fill recently discovered with the limits of the Project and, as a result,
has recommended that the aforesaid Contract be modified in accordance with Change
Order #5, attached hereto; and
WHEREAS, Change Order #5 includes a change in the scope of work required to
complete the excavation and construction of the storm water detention basin and the
additional sampling, testing, loading, trucking ultimate required disposal of the impacted
fill related thereto and the attached certification from Donald J. Norbut, P.E., C.M.E.. of
T &M details why this change order is in the best interests of the Borough; and
WHEREAS, Change Order #5 provides for a net increase in the Contract price in the
amount of $2,967,435.40, resulting in a revised Contract price of $12,256.985.68,
including all change orders to date; and
WHEREAS, Change Order #5 provides for a net increase of more than 20% of the
original Contract amount and the Borough's Consulting Engineer, T & M Associates. has
certified as to the vital nature of the work to be performed and that the changes and /or
modifications to the project were unforeseen at the time of the award of the original
contract; and the Borough Attorney 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:
1. That Change Order #5, attached hereto and made a part hereof, providing
for a net increase of $2,967,435.40 in the overall Contract price, resulting
in a revised total contract price of $12,256,985.68, 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 recommendations of the Project Engineer and the Borough
Attorney.
2. That the appropriate Borough officials are hereby authorized and
directed to execute Change Order #5, Payment Certificate #16 (See
Attached) based upon the aforementioned recommendations.
3. That a copy of this Resolution and a fully executed copy of Change
Order #5 and Payment Certificate #16 be forwarded to the Borough's
Purchasing Department, and T &M Associates for distribution to Lucas
Construction Group.
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
relevant Borough budget and audit.
NO. 17 -201
9
X - Indicate Vote AU - Absent NV - Not Voting XOR - Indicates Vote to Overrule Veto
Adopted at a meeting of the Municipal Council
� Ntxwnber 9. 2017
CLERK
RECORD OF COUNCIL VOTE
COUNCILNIAN YES NO NV A.U. COUNCILMAN YES NO I NV A. B.
BFI. L_IM X ia14L _ X
DIAZ - - — X KR[M X
DIM�SMO X IR41E X
5418925 Borough of Carteret
x
OFFICE OF
KATHLEEN M. BARNEY, RMC /CMC
MUNICIPAL CLERK
04:22:02 p.m. 11 -21 -2017 1 /3
TEL (732) 541 -3800
FAX (732) 541 -8925
61 COOKE AVENUE
CAR.TERET, NEW JERSEY 07008
T0; Patrick DeBlasio,
Treasurer
Borough of Carteret
REQUEST.FOR CERTIFICATION OF AVAILABLE FUNDS:
For: 94(4
t 77 /2
Narde of Account:
AMOUNT TO BE ENCUMBERED: �/ k/1 IJ
KATHLEEN M. BARNE
Municipal Clerk
CERTIFICATION OF,AVAILABILITY OF FUNDS
I, Treasurer of the Borough of Carteret, do hereby certify
there are sufficient funds available in the current budget
enable the Municipal Council to authorize the entering into
Contract between the Borough of Carteret
010 - 6 20 1
)
C-C C ,4Z C 0' a a 4' ,,,
The funds available-for this contract are in the Budget, in the
account af: �,a�{-► /US_a�/ �3�'6lv>.';,
in the amount of: Gjb�,`l3S,y�
By this certification, I have hereby encumbered the above named
account for the amount of the contract pending Council action.
PArcKk DeBlasio,
Treasurer
Nlmaug4 af kTnrfmgf
MIDDLESEX OOUNTY
J WEfu 3rr!;2Ly
that
to
a
DATE:
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:
November 27, 2017
athleen M. Barney, MMC
Municipal Clerk
BOROUGH OF CARTERET
NOTICE OF AWARD OF CHANGE ORDER
CARMELA Po GORZELSKI
NOTARY PUBLIC OF NEW JERSEY
My Commission Expires 9/27/2022
Please be advised that on November % 2017 the Borough Council
of the Borough of Carteret, Middlesex County, New Jersey, adopted
a Resolution authorizing Change Order #5 providing for a net in-
crease in the contract pace p in the amount of $2,967,435.40 result-
in in a revised contract rice of 512,256,985.68.
The Change Or specifically was for Lucas Construction Group,
Inc. for th e Noe reet Drainage Improvements Project and included
a scope of work required to complete the excavation and construc-
tion of the storm water detention basin and additional sampling,
testing, loading and trucking ultimate required disposal of fill.
The Borough's Engineer has certified that the change was necessary
and not anticipated at the beginning of the project.
of Resolution #17 -201 and supporting documents are on file
at the Borough Hall, Municipal Clerk's Office, 61 Cooke Avenue,
Carteret, New Jersey.
KATHLEEN M. BARNEY, RMC/MMC
($19.36) Municipal Clerk
Sworn and subscribed before
me this 2Tk day of
Ad Number: 0002558146 Run Dates: 11/27/17
BOROUGH OF CARTERET
NOTICE OF AWARD OF CHANGEORDER
Please be advised that on November 9, 2017 the Borough Council X01)
of the Borough of Carteret, Middlesex County, New Jersey, adopted
a Resolution authorizing Change Order #5 providing for a net in-
crease in the contract price in the amount of $2,967,435.40 result-
ing in a revised contract price of $12,256,985.68.
The Change Order specifically was for Lucas Construction Group,
Inc. for the Noe Street Drainage Improvements Project and included
a scope of work required to complete the excavation and construc-
tion of the storm water detention basin and additional sampling,
testing, loading and trucking ultimate required disposal of fill.
The Borough's Engineer has certified that the change was necessary
and not anticipated at the beginning of the project.
Copies of Resolution #17 -201 and supporting documents are on file
at the Borough Hall, Municipal Clerk's Office, 61 Cooke Avenue,
Carteret, New Jersey.
KATHLEEN M. BARNEY, RMC /MMC
($19.36) Municipal Clerk
002558146 -01