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
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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.