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Home My Public Portal Aboutr 21-176yvnial tiou of fit �Rorog4 of Tarterd, �ql I #21 -176 Se tember 16, 2021 Date of Adoption p APPROVING FINAL PAYMENT ESTIMATE NO. 3 & CLOSEOUT CHANGE ORDER ARTS DISTRICT STREETSCAPE IMPROVEMENTS PHASE .IEREAS, the Governing Body of the Borough of Carteret has previously awarded a contract to S Ahers, Inc. in the amount of $483,457.27 for the Arts District Streetscape Improvements Phase I Project; IEREAS, the Borough's Consulting Engipeer for the project, CME Associates, has advised the erning Body that a modification of the contract is reasonable and necessary and has recommended that aforesaid contract be modified in accordance with Final Payment Estimate N3 & Closeout Change er (see attached); and REAS, Final Payment Estimate No. 3 & Closeout Change Order include a change in the description 'k and/or to decrease quantities to reflect as -built conditions, and to provide for certain supplementary and LEAS, the Closeout Change Order provides for a net decrease in the contract price in the amount of 7.64, resulting in a revised contract price of $406,206.63 including all previously approved change and LEAS, the Borough's Consulting Engineer, CME Associates has advised that the above described and/or modifications to the project were unforeseen at the time of the award of the original Acct.# G- 02 -41- 690 -224 / C- 04 -19- 104 -201 THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Carteret as I. That Final Payment Estimate No. 3 & Closeout Change Order allaclied hereto and made a pail hereof, resulting in a net decrease of $77,250.64 and resulting in a revised contract price of $406,206.63 is hereby approved. 2. That the appropriate Borough Officials are hereby authorized to execute Final Payment Estimate No. 3 & Closeout 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 No. 3 & Closeout Change Order be forwarded to the Borough's Purchasing Department and CME Associates for distribution to S. Brothers, Inc. Adopted this 16'" day of September, 2021 and certified as a true copy of the original on September 17, 2021. CARMELA POGORZELSKI, RMC Municipal Clerk RECORD OF COUNCIL VOTE COUNCILMAN YES NO NV A.B. COUNCILMAN YES NO I NV I A.B, BELLING X JOHAL X DIAZ KRUM . X DIMASCIO X NAPLES X- Indicate Vote AB- Absent NV -Not Voting XOR -Indicates Vote to Overrule Veto Adopted at a meeting of the Municipal Council r +'� September 16,12021 Munical 6�erk J T I 2021 9:07AM No, 2131 P, i BOROUGH O1y CARTER iT -I . Divold Is 61man, Mover MUNICIPAL CLLRIC To: Patrick J. DeBlasio, Treasurer Borough of Carteret REQunT FOR CERTIFICATION OF AVAILABLE, FUNDS! For; APPROVING FINAL PAY ESTIMATE N0, 3 & 01,08 E(i0T CHANGE ORDER ARTS DISTRICT STREETSCAPE IMPROVCNENTS PHASE T Name of Account: s . ari thsrs, Amount to be Reeolution,A. IItl tlYYgtl YP tltivtltltlq•pbmbM•btltltltltl�tlb btlpgtivq VPgq�gppqqtlbqqOP tlq Otlltltlq tltlM ■gtlmegtl CERTIFICATION OF AVAILABILITY OF FUNDS I, Treseurer of-the Borough of Carteret, do hereby certify that there are auf dent Binds available in the current budget to enable the Borough Council to authorize the entering into a contract between the Borough of Carteret and: The funde available for this contract axe in the budget, in the account of; It 2-o, 0/13y 6--ox- in the amount of'�7 7r 25� 6 ya nTiT� _ By this certification, I have hereby encumbered the above named account for the amount of the contract pending Council action. 77 Patricl . DeBlasio, Treasurer pate:, eY14) ", Meanorial Munfolpal Building 0 61 Cooke.A'Venue ® Carteret, NL Jetsay 07008 mil; 732 -541 -8800 ! NX %32 -541 -8925 0 wwvw.carferet.ner. 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: September 22, 2021 Notary Public of New Jersey DANA C. ARCHEVAL NOTARY PUBLIC OF NEW JERSEY My COMMISSIon Expires 1/1212022 Sworn and subscribed before me this 2Np day of �p Municipal Clerk m a `SSOCIATES September 10, 2021 Sent via Electronic (Pogorzeiskic(a )carteret.net) & Regular Mail Mayor Daniel Reiman and Borough Council Borough of Carteret Municipal Building 61 Cooke Avenue Carteret, NJ 07008 Attn: Carmela Pogorzelski — Borough Clerk Re: Arts District Streetscape Improvements Phase I Final Payment No. 3 and Closeout Change Order S Brothers, Inc. Borough of Carteret, Middlesex County, NJ CME File ill HCA00515.02 Dear Ms. Pogorzelski: JOHN H. ALLGAIR, PIE, PP, LS (18832001) DAVID J. SAMUEL, PE, PP, CME JOHN J. STEFANI, PE, LS, PP, OME JAY B. CORNELL, PE, PP, CME MICHAEL J. McCLELLAND, PF; PP, CME GREGORY R. VALESI, PE, PP, CME TIMOTHY W. GILLEN, PE, PP, CME BRUCE M. KOCH, PE, PP, CME LOUIS J. PLOSKONKA, PE, CME TREVOR J. TAYLOR, PE, PP, CME BEHRAM TURAN, PE, LSRP LAURA J. NEUMANN, PE, PP DOUGLAS ROHMEYER, PE, CFM, CME ROBERT J. RUSSO, PE, PP, CME Transmitted herewith please find the Final Payment Estimate No. 3 and Closeout Change Order for the above - referenced project in the amount of $67,314.17 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. The Closeout Change Order results in a decrease in the project cost from the original contract amount of $483,457.27 to an adjusted total of $406,206.63 for a decrease of $77,250.64. Enclosed please find a signed Borough pay voucher. Certified Payroll Records and Monthly Manning reports have been submitted by the Contractor under separate cover. Also enclosed is the two (2) year Maintenance Bond in the amount of $81,241.33, twenty percent (20 %) of the final Contract Amount. By copy of the bond to the Borough Attorney, we request that same is reviewed and approved. S:\CartereAHCA00515.02 -An$ DISQICI Stseeiscape Improvements Phase Korrespondencet21 -09 -10- Final Pay Estimate Closeout CO.doo CONSULTING AND MUNICIPAL ENGINEERS 1460 ROUTE 9 SOUTH . HOWELL, NEW JERSEY 07731 . (732) 462 -7400 . 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N gg u _ ffi t 6_ a N N M .' :°• 8:°i, °0gg°0$88$0° � id �$�nn,8$$$ vio N�viw -_ y� ` wwwwwwwwwwwwww N w T' °oo vimdo8 �n -n .6 .SRO ac wwodW. giH y.'NOi C m �'ww � 0 V ri �JJ(If LLw }w }w jw. UU ZwwwZwwwyww IsJ> JJw rL a p. m 66 SYE � — '$16 �8 owe F� �5MAN% Y '�of &'rc Six °max a °�Y�rc a e� $ mr yY wR +M1 OP m b N w w N O�9 x�8 `o E e = a m q °ago �= m ^ag W a$ o�asa m � � i t v 4��1F MAINTENANCE BOND Bond No. 016207476(M) KNOW ALL BY THESE PRESENTS, Thal we, S. Brothers as Principal, and The Ohio Casualty Insurance Company a corporation organized under the laws of the State of New Hampshire and duly authorized to do business in the State of of Carteret as Surety, are held and firmly bound unto as Obligee, in the penal sum of Eighty One Thousand Two Hundred Forty One and 331100 ($81241.33 ) to which payment well and truly to be made we do bind ourselves, our and each of our heirs, executors, administrators, successors and assigns jointly and severally, firmly by these presents. WHEREAS, the said Principal entered into a Contract with the Borough of Carteret dated May 24, 2019 for Arts District Streetscape Improvements Phase 1 WHEREAS, said Contract has been completed, and was approved on 27th day of April , 2021 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if the Principal shall guarantee that the work will be free of any defective materials or workmanship which became apparent during the period of two year(s) following completion of the Contract then this obligation shall be void, otherwise to remain in full force and effect, provided however, any additional warranty or guarantee whether expressed or implied is extended by the Principal or Manufacturer only, and the Surety assumes no liability for such a guarantee, Signed and sealed this 10th day of September 2021 S. Brothers Inc. (Seal) 0JP~jY INS�A S, (Seal) °SEAL o � �,j c ery o r� (Seal) X4'1 Aad The O11i �Ca Ual Insu" nce Company By Lisa Nosal Alfomey -in -Fact LMS-10840100 Liberty Mutual. SURETY This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except In the manner and to the extent herein stated. Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY Certificate No: 8200959 - 973841 KNOWN ALL PERSONS BY THESE PRESENTS; That The Ohio Casualty Insurance Company is a wrpofation duly organized under the laws of the Stale of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the Slate of Massachusetts, and Was[ American Insurance Company is a corporation duly organized under th a laws of the State of Indiana (herein oolectively called the'Companies'), pursuant to and by authority herein setfonh, does hereby name, wnsblule and appoint Lisa NOW; execute, seal, acknowledge and deliver, (wand wits behalf as surety and es Its act and dead, any and all undertakings; bonds, rowgnizances and other surety obligations, io pursuance of these presents and shag be as binding upon the Companies as If they have been duly sighed by the president and attested by the secretary of the Companies in their own proper Persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or officai of the Companies and the corporate seals of the Companies have been affixed therelothis 23rd dayof Januap , 2019 . Liberty Mutual Insurance Company �INSURR.. �tY lNypq' �mNSUgq The Ohio Casualty Insurance Company Jppp °Oav''yn Jp °oe°OM, *y oP ° "POw, yo West American Insurance Company $3 ra 3 °eO tr3p °am 1912 n 1919 n 1991 n dA�t ° ^nM° dD yO�NAMN�p D� Ya, �hOIANA dDi' r wart 9iy • D� '�Nf w D d,H FN BY' ❑>a'd M f:nrno A<eielanl Rev >lav of PENNSYLVANIA Dellis 23rd dayof Jnnumly , 2019 before me personally appeared David M Carey, who ednowledged himself to he the Assistant Secretary of Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authaized so to do, execute the foregoing Instrument for the purposes thereto contained by signing on behalf of the corporations by himself as a duty authorized officer IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. �p PASr J'oxw'F COMMONWEALTH OF PENNSYLVANIA AA wVQto sCly Nd° seal // , , °F Terou P.00., N°Mry NW. y! /a��"J /J Upper M..aTwm.,MWIra.ryC°unry B N xsvve` °o- My Comm ".'MSiM 28, Y021 erase Pastolla, Notary Public �,.4�' Mmda,fbvnyNmivNwdetlmtlNOiMs This Power of Attorney is made and executed pursuant to and by authority of the following By -laws and Aulhulzagons of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Companywh[ch resolutions are now in full force and effect reading as follows: '.. ARTICLE IV— OFFICERS! Section 12. Power ofAllomey. Any officer or other offidal of the Corporation authorized for that purpose in writing by the Chairman u the President and subject to such limitation as the Chairman a the President may prescribe, shall appdnl such etlaneye- h-facl, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surely any and all undertakings, bonds, rewg*oncee and other surety obligations. Such allomeys-Iniad, subject to the limitations set forth in their respective powers of attorney, shall have tug power to bind the Corporation by their signature and execution of any such InsWments and to attach thereto the seal of the Corporation. Wnon so executed, such Instruments shall be as bindng as If signed by the President and attested to by the Secretary. Any paver or authority granted to any representative a allomsy4Adact under the provisions of [his article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or autholity. ARTICLE XIII — Ex%Won of Contracts: Section S. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in wdtlng by the chairman of the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such a[[omeysindact, as may be necessary to act In behalf of the Company to make, oxacula, seal, acknowledge and deliver as surety any and all undedeking.. binds, recognUances and other surety obligations. Such attorneys In-fact subject to the limitations set fadh In thav respective pavers of attorney, shall have full power to bind the Company by their signature and execution of any such Inch menis and to attach thereto the seal of the Company, When so executed Such instruments shall be as binding as N signed by the president and attested by the secretory. Certificate of Designation — The President of the Company, acting pursuant to the Bylows of the Company, authorizes David M. Carey, Assistant Secretary to appoint such altomays[n. fact As may be necessary to act an behalf of the Canpany to make, execute, seal, acknowledge and dealer as surety any and all undertakings, bonds, rewanizamoes and other surety obligations. Authorization— By unanimous consent of the Canpanys Board of Directors, 0a Company consents that facsimile u mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certifiod copy of any power of attorney issued by the Company in connection with surely bonds, shall be valid and bindng upon the Company with the some force and effect as though manually affixed. I, Renee C. Uewellyn, the undersigned, Assistant Secretary, The Ohio Casually Insurance Company, liberty Mutual Insurance Company, and West American Insurance Company do hereby certibj [hat the Original power of attorney of which the foregoing) is a full, WE and correct copy or the Power of Attorney executed by said Companies, Is in full force and effect and has not bean revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 10th dayof September , 2021 By Renee C . Llewellyn, xAssistant .. S eaetary, _ LW42873 LMIC OCIC WAIC M°III Co 092018 M et 9 G N M C7 Liberty 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 Slate, totals $7,719,646,690.00 as of the calendar year ended December 31, 2020, 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 08626.0326. 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 8306, with an underwriting limitation established therein on July 1, 2021 in the amount of $ 203,468,000.00. 4) The amount of the bond to which this statement and certification is attached Is $ 406,206.63 6) 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: Reinsure r ddre s 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 1, 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 AL Y INJCE COMPANY By /L /. avid M, dare , Asfstsf{mt Secretary Dated: 09/10/2021 oLiberty Mutual. SURETY Assets Cash and Bank Deposits.... * Bonds — U.S Government THE OHIO CASUALTY INSURANCE COMPANY FINANCIAL STATEMENT — DECEMBER 31, 2020 $1,50,376,256 637,339,036 *Other Bonds ............................. .......................1....... 4,501,743,412 *Stocks ...................................... ............................... 231,503,116 RealEstate ............................... ............................... 0 Agents' Balances or Uneol lected Premiums........... 774,786,642 Accrued Interest and Rents ...... ............................... 33,410,287 Other Admitted Assets .............. .. ... .... .... I................ 1,390,387,941 Total Admitted Assets ...... ............................... $7.719.546 fi90 Liabilities Unearned Premiums ................. ............................... $1,351,793,120 Reserve for Claims and Claims Expense ................. 3,820,674,665 Funds held Under Reinsurance Treaties, ... ............ 0 Reserve for Dividends to Policyholders .................. 190,835 Additional Statutory Reserve ... ............................... 0 Reserve for Commissions, Taxes and Other Liabilities ................. ............................... 407,364,363 Total .................................. ............................... $5,580,022,983 Special Surplus Funds ................. $ 28,504,816 Capital Stock ............................... 4,500,000 Paid in Surplus ............................ 738,183,897 Unassigned Surplus ..................... 1,368,334,994 Surplus to Policyholders . ............................... 2,139,523,707 Total Liabilities and Surplus . ............................... S7jM 5_46,620 JP °R�ak�R4rr Bonds are slated at amortized or investment value; Stocks at Association Market Values. 1919 $ The foregoing financial information is taken from The Ohio Casualty Insurance Company's financial statement filed with the state of Ohio Department of Insurance. i I,'ITM MIKOLAJEWSKI, Assistant Secretary of The Ohio Casually 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, 2020, 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 251h day of March, 2021. Assistant Secretary 642620CIC/a W1