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HomeMy Public PortalAboutr 23-016Pootu#Yon of the PIozog4 of (Ilarfl xef, No. #23-16 Date of AdontiooJanuary 11, 2023 APPROVING CHANGE ORDER #1 FINAL BULKHEAD INSTALLATION AT FUTURE CARTERET FERRY TERMIINAL WHEREAS, the Governing Body of the Borough of Carteret has previously awarded a contract to Agate Construction Company, Inc. in the amount of $473,258.00 for the Bulkhead Installation at Future Carteret Ferry Terminal Project; and WHEREAS, the Borough's Consulting Engineer for the project, Colliers Engineering & Design, 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 Change Order #I Final (see attached); and WHEREAS, Change Order #1 Final includes 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, Change Order #1 Final provides for a net decrease in the contract price in the amount of $4,500.00, resulting in a revised contract price of $468,758.00 including all previously approved change orders; and WHEREAS, the Borough's Consulting Engineer, Colliers Engineering & Design 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 Change Order 41 Final attached hereto and made a part hereof, resulting in a net decrease of $4,500.00 and resulting in a revised contract price of $468,758.00 is hereby approved. 2. That the appropriate Borough Officials are hereby authorized to execute Change Order #1 Final and issue payment thereon, based upon the recommendation of the Borough Engineer and subject to attorney's review of the maintenance bond. 3. A copy of this resolution and a fully executed copy of Change Order #1 Final be forwarded to the Borough's Purchasing Department mid Colliers Engineering.& Design for distribution to Agate Construction Company, Inc. Adopted this 191h day of January, 2023 and certified as a true copy of the original on January 20, 2023. CARMELA POGORZELSKI, RMC Municipal Clerk RECORD OF COUNCIL VOTE COUNCILMAN NV A.B. COUNCILMAN YES NO NV A.D. BELL INO JOHAL X DIAZ TYESNO KRUM X DIMASCIO NAPLES X X- Indicate Vote AB - Absent NV -Not Voting XOR- Indicates Vote to Overrate Veto Adopted at a meeting of the Municipal Council Jaripary 19 2023 l'IUl11l%ltl4 A..,�l�lgf:1[ i f 331 Newman Springs Road Suite 203 Red Bank New Jersey 07701 Main:877 627 3772 Engineering & Design January 4, 2023 VIA EMAIL and USPS Honorable Mayor and Council Borough of Carteret Memorial Municipal Building 61 Cooke Avenue Carteret, NJ 07008 Bulkhead Installation at Future Carteret Ferry Terminal at Arthur Kill Borough of Carteret, Middlesex County, New Jersey Colliers Engineering & Design Project No. 17001048D Dear Mayor and Council, We are writing this letter to certify that Agate Construction, 1030 Route 83, Clermont, NJ 08210 contractor for the above -referenced project, has completed the work as listed on the enclosed Partial Payment Certificate No. 1 and is entitled to payment in the amount of $468,758.00. We have also enclosed Change Order No.1 for your review and approval which adjusted quantities to that which was constructed resulting in a contract decrease of $4,500.00. Contractor will be sending Certified Payrolls directly to the Borough. A 1-year Maintenance Bond will be forwarded by the Contractor directly to the Borough, copy enclosed. Should you have any questions or require additional clarification, please do not hesitate to contact me directly. Sincerely, Colliers Engineering & Design, Inc. (DBA Maser Consulting) William H.R. White, 111, PE, PP, CME, CFM, CPWM Senior Project Manager WHW/dmm Enclosure cc: Carmela Pogorzelski, Borough Clerk (via email) Ricardo Llanos, CFO/QPA, Borough Treasurer (via email) R:\Projects\2017\17001048D\Correspondence\OUi 230104 whw-paymen tH 1.docx Accelerating success, --- Z O m V m ut A w N�a O m '... W: N n p T g v '.I. 3. O 6 p 1O o Oqq DD N O O j N m pap• 0 rp N a m W v O D W o o O D Z G G T G G G 0 G �n w Z 0 0 0 o 0, m o o o 0 w 0 wJ o 0 o 0 w A 0 0 0 0 0 0 0 0 0 o m O O O O O O O O O O Vq AO WA UI w �^ O WA A o O A w V w Z D }J O p� J o IJ to o 0 0 0 A v W o o o o In m o o 0 0 0 0 0 0 0 0 0 0 o 0 G 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 D m o o w Z 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 w o .oi o m G 0 0 o PIMP ut o o 0 w 0 o 0 0 0 0 0 0 0 Z 0 0 0 0 0 0 0 0 0 0 0 � n ro D A G O w Z y p O G D o ~ -Di m o 0 4 W o O O D � n w w w w 0 0 D C 0 V, m N O M J O N o 0 0 o T POO O. O O w 0 0 0 0 ELO O O O pJ O O O O O O O O O O O O O O O U O U O O O Ir NEW JERSEY DEPARTMEN'r OF TRANSPORTATION DIVISION OF LOCAL AID AND ECONOMIC DEVELOPMENT CHANGE ORDER NUMBER- I FINAL STATE AID PROJECT' wt BULKHEAD INSTALLATION AT FUTURE CARTERET FERRY TERMINAL AT ARTHUR KILL, BLOCK 304 LOTS 2.01 AND 2.02 icipalily BOROUGH OF CARTERET ity MIDDLESEX rRctom' AGATE CONSTRUCTION COMPANY, INC. In accordance with the project Supplementary Specifienliov, file following are changes in the contract. Location and Reason for Change (.11nzL adai,iona fLnlz if rxquLed) < Time Extension due to supply chnin interruption and unavailability of materials ° Final As -Built Quantities Deemased Items Item No, Desevintion Ouautlh, (+/-1 Unit Price Amount 5 Floating Turbity Barrier, Type 2 -150 LF 30 $ (4,500.00) Total Deduction S (4,500.00) Amount of Original Cmaract S 473,258.00 Extra $ 0.00 Change Order No. 1 Final S (4,500.00) Supplemental S 0.00 Adjusted Amount Based on Change Reduction S-4,500.00 Order No.I Final S 468,758.00 Total Change $-4,500.00 %Change in Contract [(+) Decrease] -0.95% Original Contract "Time 90 Calendar Days Prior'Hare Adjustinents 0 Calendar Days 'I his CO Adjustment 21 Calendar Days Revised Contract Time I I I Calendar Days Approved: Collies Ei incering&Design (bate) (District Manager) (Date) (Engineer) (Bureau of Local Aid) Borough of Carteret (Presiding Officer) �• Agate Co istruetion, Inc. (Contractor) (Date) (Date) (Sobmll four (4) copies to (lie Local Aid District Office) MAINTENANCE BOND Bond No. 30163832M KNOW ALL PERSONS BY THESE PRESENTS, That we Agate Construction Co.. Inc. of Route 83 P.O. Box 107 Ocean View NJ 08230 hereinafter Referred to as the Principal, and Western Surety Company as Surety, are held and firmly bound unto Borough of Carteret of 20 Cooke Avenue Carteret NJ 07008 hereinafter referred to as the Obligee, in the sum of Twenty Three Thousand Four Hundred Thirty Seven and 90/100 Dollars 1S23,437 90) for the payment of which we bind ourselves, our legal representatives, successors and assigns, Jointly and severally, firmly by these presents. WHEREAS, the said Principal entered into a contract with the Borough of Carteret dated, July 22 2022 for Bulkhead Installation at Future Carteret Ferry Terminal at Arthur Kill Block 304 Lots 2.01 and 2.02 WHEREAS, said contract provides that the Principal will furnish a bond conditioned to guarantee for the period of One Year ( 1 ) year (s) after approval of the final estimate on said Job, by the owner, against all defects in workmanship and materials which may become apparent during said period, and WHEREAS, the said contract has been completed, and was approved on November 19, 2022 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that, If the Principal shall indemnify the Obligee for all loss that the Obligee may sustain by reason of any defective materials or workmanship which become apparent during the period of One Year( 1 ) year (s) from and after November 19, 2022 then this obligation shall be void, otherwise to remain in full force and effect. SIGNED, SEALED AND DATED this 9th day of December 2022 Agate Construction Co . Inc \/'''(Principal){ Diane M. DiMartino, Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEV-IN-PACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and Slate of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Diane M DiMartino, Kathleen M Rowe, Gaiy B Kohan, Individually of Medford, NJ, its true and lawful Attorney(s)-in-Fact with full power tmd authority hereby conferred to sign, seal and execute l'or and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as filly mid (o the same extent as if such instruments were signed by it duly authorized effector tile corporation and all the acts of said Attorney, pursuant to the authorily hereby given, are hereby ratified mid confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. 11, Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seat to be hereto affixed on this 2nd day of June, 2021. "ug_ciw> WESTERN SURETY COMPANY d . ooee a'^'�foQPaAgI o". aul T. BmOat, Vice President State ol'South Dakota ) ss County of Minnchaha On this 2nd day or June, 2021, before me personally cattle Paul'1'. Brunat, to fire known, who, being by nie duty sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above hunrumenL that he knows the seal of said corporation; (hat the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to mnhority given by the Board of Directors of said corporation and (bit( he signed his name Ihcrelo pursuant to like authority, mad acknowledges same to be the act mid deed of said corporation. My commission expires 44bVM. ... `s fit NpTANY PUBIIe�\f March 2, 2026 seam UAKo.A CCRTIFIGf1'E M. Bent, Notary Public 1, L. Nelson, Assistant Secretary of WESTERN SURETY CONIPANY do botchy certify that the Power of Attorney hercumbove set forth is still in force, and further cerli ly that the By -Lao, of the corporation printed on the reverse hereof is still in Rxee. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 9th day of December, 2022. te%spvon}Os: WESTERN SURETY COMPANY ,N,�O ql" r. t 3.i_iliriL — _ torn Puzaaz-zotz L. Nelson, Assistant Secretary Go to wvnv.cnasurety.coin > Owner / Obligee Services > Validate Bond Coverage, if you want to verify bond auther, ±icity. Authorizing By -Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by file shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. 'Pile President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate scat is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile.