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Home My Public Portal Aboutr 24-077Yvezolution of fie Jgoxvug4 of gartj d, N. 0. No. #24-77 Data of Adoption March 21, 2024 APPROVING PARTIAL PAYMENT CERTIFICATE 0 & CHANGE ORDER #I FINAL NJDEP ONRR GRANT RIVER WALK PHASE IIA —NORTHERN SECTION WHEREAS, the Governing Body of the Borough of Carteret has previously awarded a contract to Epic Management, Inc. in the original contract amount of $2,768,110.00 for the NJDEP ONRR Grant River Walk Phase IIA- Northern Section; 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 Partial Payment Certificate #5 & Change Order 41 Final (see attached); and WHEREAS, Partial Payment Certificate 85 & Change Order #1 Final include 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 $437,205.33, resulting in a revised contract price of $2,330,904.67 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: I. That Partial Payment Certificate #5 and Change Order #1 attached hereto and made a part hereof, resulting in a net decrease of $437,205.33 and resulting in a revised contract price of $2,330,904.67 is hereby approved. 2. That the appropriate Borough Officials are hereby authorized to execute Partial Payment Certificate #5 and Change Order #1, 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 Partial Payment Certificate #5 & the Change Order #1 be forwarded to the Borough's Purchasing Department and Colliers Engineering & Design for distribution to Epic Management, Inc. Adopted this 21'r day of March, 2024 and certified as a true copy of the original on March 22, 2024, CARMELA POGORZELSKI, RMC Municipal Clerk RECORD OF COUNCIL VOTE COUNCILMAN YES NO NV A.B. COUNCILMAN NV A.B. BELLING X JOHAL DIAZ KRUM JESNO DIMASCIO X MAPLES X- Indicate Vote AB- Absent NV -Not Voting XOR- Indicates Vote to Overrule Veto Adopted at a meeting of the Municipal Council �1 March 2`11, 2 24 MUNIGI AT. `.CLER 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: April 3, 2024 Municipal Clerk No ary u lic of New Jersey JENNIFER K. OTERO No mien on ate 0 18 898 ey M Comm, to Tres Mar. 31 2027 Sworn and subscribed before me this day of 101 Crawfords Corner Road /�0C{0.dvw�q Suite 3400 Holmdel, NJ 07733 Maln: 877 627 3772 l�3 March 8, 2024 VIA EMAIL Honorable Mayor and Council Borough of Carteret Memorial Municipal Building 61 Cooke Avenue Carteret, NJ 07008 NJDEP ONRR grant River Walk Phase IIA- Northern Section Borough of Carteret, Middlesex County, New Jersey Colliers Engineering & Design Project No. 17001048F Dear Mayor and Council, Engineering & Design We are writing this letter to certify that Epic Management, Inc, contractor for the above -referenced project, has completed the work as listed on the enclosed Partial Payment Certificate No. 5 and is entitled to payment in the amount of $250,585.97. Certified Payroll and Monthly Workforce reports for the payment period are also included. In addition, we are also including one copy of Change Order No. 1 Final executed by the contractor and Colliers Engineering & Design. Items 5, 6, 7, 9, 19, 20, 21, and 22 are included in the Change Order to account for as -built quantities based on field measurements. Supplemental Items are required as noted. • Item 235, Timber Pile 12" Diameter (Underrun Unit Price) - The initial contract quantity for Item 9 was not required due to unforeseen subsurface conditions, therefore, in accordance with the specifications, the major quantity reduction was negotiated with the contractor and a revised unit price was proposed, accepted and incorporated via supplemental Item 23S. Note the entire contract quantity for Item 9 was reduced from the contract and this supplemental item resulted in a net credit to the contract. • Item 24S, Add Gates at Railing - The borough requested the addition of access gates on the Arthur Kill side of the boardwalk for future recreation access. • Item 255, Pile 4257 Footing - Due to unforeseen subsurface conditions, Pile 4257 could not be advanced due an obstruction at a shallow depth. The obstruction was not able to be removed. For structural integrity and stability of the pile, the pile base was set in a cast - in -place concrete footing. • Item 265, Pile Change Condition - During pile driving, a differing site condition, specifically subsurface obstructions, caused some of the timber piles to be driven out of specified accuracy which required accommodation in the timber frame structure. Accelerating success. Project No. 17001048F March 8, 2024 Page 2 12 Engineering & Design Should you have any questions or require additional information, please do not hesitate to contact me directly. Sincerely, Colliers Engineering & Design, Inc. (DBA Maser Consulting) William H.R. White, III, PE, PP, CME, CFM, CPWM Senior Project Manager WHW/dm Enclosures cc: Cannela Pogorzelskl, Borough Clerk (via email) Ricardo Hanos, CFO/QPA, Borough Treasurer (via email) Michael Quirk, P.E., Colliers Engineering & Design R:\Projects\2017\17001048RConstruction AdminlstrationWayments and Change Orders\Payment No 5\240308_whw_payment#5.docx NJDEP ONRR GRANT RIVER WALK PHASE IIA - NORTHERN SECTION BOROUGH OF CARTERET PARTIAL PAYMENT CERTIFICATE NO.5 FOR WORK COMPLETED THROUGH 11/30/23 PROJECT NO 1700104BF Engineering & Design ITEM NO. DESCRIPTION (BASE BID) QUANTITY UNIT PRICE fONTRACT TOTAlS CURRENT CONTRACT QUANTITY CURRENT WNTRACT TOTAL QUANTITY THIS EST. AMOUNT THIS EST. QUANTITY PREV EST. AMOUNT PREV EST. QUANTITY TO DATE AMOUNT TO DATE BASE BID 1 MOBILI7ATION 1 LS $185,000.00 f185,000,00 1.00 5185,000.00 f000 1.00 4185,OOOA0 1.00 E785,000.00 2 CLEARING SITE 1 LB 552,000.00 E52,000.00 1.00 $52,000.00 f0.00 1.00 852,000.00 7.00 $52,000.00 3 HEALTHAND SAFETY PLAN CONTRACTOR ORIENTATION 1 LS $20,000.00 $20.000.00 1.00 $20,000.00 $0.00 1.00 $20,000.00 1.00 $20,000.00 4 EXCAVATION, UNCLASSIFIED 85 CY E125.00 $10,625.00 85.00 $10,625.00 $D.00 85.00 $10,625.00 85.00 $10,625,00 5 DISPOSAL OF REGULATED MATERIAL 130 TON $125.00 $16,250.00 0.00 $0.00 $0.00 0,00 $0.00 0.00 $0.00 6 3/4' CLEAN STONE, p57 60 TON $220.00 $13,200,00 0.00 $0.00 $0.00 0.00 $0.00 0.00 $0.00 7 DENSE GRADED AGGREGATE BASE COURSE VARIABLE THICKNESS 25 CY $245.00 $6,125.00 0,00 $0.00 f0.00 0.00 E0.00 0.00 f0.00 8 BOARDWALK, 20' WIDE 1150 LF $640.00 $736.000.00 1.150.00 $736,000.00 f0.00 1150.00 $736.000.00 1150.00 $736,000.00 9 TIMSERPILE, IT' DIAMETER 11400 HE $38.00 $433,200.0 00.00 $0.00 .6773.15 ($257,379.701 6773.15 $257,379.70 0.00 $0.00 10 TEST PILE 4 UN $6,000.00 $24,000.00 4.00 $24,000.00 $0.00 4.00 $24,000.00 4.00 $24,000.00 11 OALVA14ZEO STEEL RAILING 2300 LF $230.00 $529,000.00 2,300.00 $529.000.00 19A00 $44,160.00 2108.00 $484,840.00 2300.00 $929,000. 0 12 LIGHT FKIURE,DOUBLE LAMP 2/ UN "'0"00 41&9,D00.00 21.00 E789,000.00 3.00 y27,000.00 I8.00 4162,000.00 21.00 E189,000.00 13 p3AWOCU 8960 LF $4.00 $35,840.00 8,960.00 $35,84D00 IDOO 8960.00 $35,840.00 8960.00 $35,840.00 14 p3 AWG CU. GROUND 4480 LF $4.00 $17,920.00 4,480.00 $17,920.00 $0.00 4480.00 $t7,920.00 4480.00 $17,920.00 15 2"PVC CONDUIT 2240 LF $15.00 $33,600.00 2,240.OG $33.600.00 $0.00 2240.00 $33,600.00 2240.00 $33,6GOA0 ib 8'STEELBENCH 10 UN f2,200.00 $22,000.00 10.00 '22,000.00 f0.00 10.00 b22,000.00 10.00 E22,000.00 17 TRASH RECEPTACLE 10 UN $1,700.00 417,000.00 10,00 $17,000.00 $0.00 10.00 $17,000.00 10,00 $17,000.00 18 RECYCLNG RECEPTACLE 10 UN $1,700.00 $17,000.00 10.00 $17,000.'a 10.00 10.00 $17,000.00 10.00 $17,000.00 19 TOPSOIUNG, 4-THICK, IF&WHERE DIRECTED 450 SY $16.00 $7,200.00 0.00 $0.00 1000 0.00 $0.00 0.00 $0.00 20 FERTILIZNG AND SEEDING, TYPE A-3, IF & WHERE DIRECTED 450 Sy $4.00 $1,800.00 0.00 $0.00 Tom 0.00 $0.00 0.00 SO.00 21 STRAW MULCHING, IF & WHERE DIRECTED 450 Sy $3.00 $1,350.00 0.00 $0.00 $0.00 0.00 $0.00 0.00 $0.00 22 CONTINGENCY 400,000 L. $1.00 $400,000.00 $0.00 f0.00 0.00 $0.00 0.00 $D,OD 235 TIMBER PRE, 12"DIAMETER 6,773 LF $56.80 $384,714.92 6,773AS $384,714.92 6773.15 $384,714.92 0.00 $0.00 6773.15 $384,714.92 245 JADD GATES AT RAILING I L5 $15,675.55 $IS,675.55 1.00 y15,6]5,55 1.00 E15G75.55 0.00 $0.00 L00 $15,675.55 25S PILE 4261 FOOTING 1 L5 39,661.20 $9,66110 1.00 49,661.20 7.00 49,661.20 0.00 $0.00 TOO $9,661.20 265 PILE CHANGE CONDITION 1 LS $31,868.00 $31,868.00 1.00 E3I,868.00 1.00 33I,8G8.00 0.00 $0.001 1.001 $31.869,00 2/9/2024 Page 1 12 NJDEP ONRR GRANT RIVER WALK PHASE IIA - NORTHERN SECTION BOROUGH OFCARTERET Engineering & Design CURRENT CUAPFNT ITEM CTRACT CONTM(i CONTRAti QUANTITY AMOUNT QUANTITY AMOUNT QVANTITY AMOUNT 70 N0. DFSCRIPTION(BASE BID) QUANTITY UNIT PR410N TOTAIS OUANTItt TOTAL THIS E57. THIS EST. PREV EST. PREV EST. TO DATE DATE '<TOTALB 768,ig0.00 '. f2,330,904.67 b256,699.97 ' : f2,01g,201J0 ' 3Z330,90{.67 LESS 2%RETAINAGE; $ 46,618.09 I herebytertify that all items, units, quantities and prices of work and material shown In this progress estimate are correct;that SUBTOTAL AMOUNT DU E: $2,294,286.58 the work has been performed and materials supplied and completely paid for In full In accordance with the terms of the contract LESS PREVIOUS PAYMENTS: $2,033,700,61 documents involved; that the foregolnE is a true and correct statement of the contract amount Up to and Including the last day of TOTALAMOUNTOUE: the period covered by this estimate; a Rd that no part ofthe'Tadad Amount Due" has been received; $250,585.97 PERCENTAGE COMPLETE; 84% WAM 2/21 /24 COLLIERS ENGINEERING & DESIGN, INC. LATE: 2/9/2024 Page 2 I2 CHANGE ORDER NUMRF,R 1 FINAL NJDEP ONRR GRANT RIVER WALK PHASE HA - NORTHERN SECTION BOROUGH OF CARTERET MIDDLESEX EPIC MANAGEMENT, INC. accordance with the project Suppiemenlary Specification, the following are cation and Reason for Change (Aanch eddlIbnsl a,e oaregAred) Supplemental Items As -Built Quantities Decreased Items Item No. Description Qnmltity (+/-) 5 Disposal Of Regulated Material -130 TON 6 3/4" Clean Stone,1/57 -60 TON 7 Dense Graded Aggregate Base Course, Variable Th -25 CY Variable Thickness 9 Timber Pile, 12" Diameter -11400 LF 19 Topsoiling, 4" Thick, If & Where Directed -450 SY 20 Fertilizing And Seeding, Type A-3, 450 SY If & Where Directed 21 Straw Mulching, If & Where Directed 450 SY 22 Contingency -400000 DOL Total Deduction Supplemental Items Item No. Description Quantity t+/-) 23S Timber Pile, 12" Diameter (Undetran Unit Price) 6773.15 LF 24S Acid Gates at Railing I LS 25S Pile 4257 Footing 26S Pile Change Condition Total Supplemental Amount of Original Contract Change Order No. I Adjusted Amount Based on Change Order No. I % Change in Contract ((+) Decrease] i' — Coiiiers rugineenug &: Design (Engineer) $ '2,76R,110.00 $ (437,205.33) $ 2,330,904.67 LS LS the Unit Price $125.00 $220.00 $245.00 $38.00 $16,00 $4.00 $3.00 $1.00 Unit Price $ 56.80 $ 15,675.55 $ 9,661,20 $ 31,868.00 Amount S (16,250.00) $ (13,200.00) $ (6,125.00) $ (433,200.00) $ (7,200.00) $ (1,800.00) $ (1,350.00) $ (400,000.00) $ (879,125.00) Amount $ 384,714.92 15,675.55 $ 9,661.20 $ 31,868.00 S 441,919.67 Extra $ 0.00 Supplemental $ 441 M9.67 Reduction $-879.125.00 Total Change $ 437,205.33 -15.79% Original Contract Time 180 Calendar Dnyg Prior Time Adjustments _ 0 Calendar Days This CO Adjustment _ TJ Calendar Days Revised Contract Time 259 Calendar bays 2/21/24 _.a. ,.1 1 Z� ie(Date) —�anngement, o. (Da ) (Contractor) Borough of Carteret (Date) (Presiding Officer)