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No. 105-178
Date of Adoption May 19. 2005
APPROVING CHANGE ORDERS AND
AUTHORIZING PAYMENT FOR THE WASHINGTON AVENUE AND
ROOSEVELT AVENUE STREETS CAPE PROJECT
WHEREAS, the Governing Body of the Borough ofCarteret ("Borough") has previously
awarded a contract to Aldarelli Enterprises, Inc. ("Aldarelli") in the amount of
$1,814,608.10 for the Washington Avenue and Roosevelt Avenue Streetscape Project;
and
WHEREAS, the Borough Engineer, John DuPont, P.E., has advised the Governing Body
that a modification of the contract is reasonable and necessary and has recommended that
the aforesaid contract be modified to include the following Change Orders;
Additional 15" RCP
Relocation of Water Mains
Addition #1 (Wall Footing)
Addition #2 (Additional Improvements-
Roosevelt Avenue/Police Department)
$13,372.00
$ 3,150.00
$15,000.00
$30,350.00
TOTAL
$61,872.00
; and
WHEREAS, said Change Orders are necessary to reflect actual field conditions and to
add supplemental items required for additional work providing for a net increase in the
contract price in the amount of $61 ,872.00 0 resulting in a revised contract price of
$1,876,480.10, subject to any subsequently approved Change Orders either increasing or
decreasing the final contract amount; and
WHEREAS, the Borough Engineer has advised that the above described changes and/or
modifications to the project were unforeseen and/or unanticipated at the time of the
award of the original contract; and
WHEREAS, Aldarelli is presently well more than one year beyond the construction
completion date provided for pursuant to the terms of its contract with the Borough
giving rise to a claims for liquidated damages pursuant to said contract; and
WHEREAS, several of Aldarelli's sub-contractors on the above described contract work
have asserted claims against the Borough and Lincoln General Insurance Company
("Lincoln"), Aldarelli's surety on the project, for non-payment, and legal counsel for
Lincoln has authorized direct payments to certain of such sub-contractors as provided for
herein; and
WHEREAS, the Borough is willing to authorize said payments at this time while
reserving its right to assert any and all claims against Aldarelli, and/or its surety Linc01n,
arising under the above referenced contract and said surety's bond(s) thereon, and/or
otherwise arising in law or equity, for Aldarelli's failure to perform and/or delinquent
performance.
NO. 105-178
PAGE 2 of 2
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Borough Council of the
Borough of Carteret as follows:
1. That the above referenced Change Orders are hereby approved, providing for
a net increase of$61,872.00 in the overall contract price, resulting in a revised
contract price of $1 ,876,480.10.
2. That the appropriate Borough Officials are hereby authorized to process the
current payment request approved by the Borough Engineer with direct
payments to the following sub-contractors and Aldarelli's surety, Lincoln,
being authorized from said payment:
Eastern Concrete Materials, Inc.
Central Concrete Corp.
Lincoln General Insurance Company
$ 4,625.00
$13,875.00
$ 5,000.00
-
3. That a copy of this Res01ution be forwarded to the Borough Engineer, the
Borough's Purchasing Department, and the Borough Attorney.
Adopted this 19th day of May, 2005
and certified as a true copy of the
original on May 20,2005.
KATHLEEN M. BARNEY, RMC/CMC
Municipa1 Clerk
COUNCILMAN
RECORD OF COUNCIL VOTE
YES NO NY A.B. COUNCILMAN YES NO NY A.B.
X X
X RIOS X
X SITARZ X
KRUM
x - Indicate Vote AB - Absent NV - Not Voting XOR ~ Indit'ates Vote (0 Overrule Veto
Adopted at a meeting of the Municipal Council
~
06/02/2005 11:52 FAX 732 541 8925
BORO OF CARTERET CLERK
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KA1'HLEEN M. BARNEY. RMCJCMC
MUNICIPAL CLERK
Date'
JUNE ~, 2005
TO: Patrick DeBlasio.
Treasurer
Bo.ough of Cart~ret
REQUEST FOR CERTIFICATION OF AVAILABLE FUNDS~
Fo,: ~P~OVING CHANGE ORDERS & AUTHORIZING PAYMENT FOR THE
WASIUNGTOlll AVE. & ROOSEVELT AVE. STREETS CAPE PROJECT.
Na:ne of Account: RES _ #05-178
AMOUNT TO BE ENCUMBERED:
OF- ~61.872.00 RESULTING
CHANGE ORDERS ARE APPROVED AT NET II' CR ~As
11'1 A A!ntoI'.llJ\"UIUKA\..I. I'ACÀ.r. Ul'$I,871' ,410.
--AtÌ".- ~ .,
ICATHLERN k. IJA Y.~
Municipa.l Clerk
---------~------------------------------~----------------------
CERTIFICATION OF. AVAILABILITY Of FUNDS
I. T,easurer of the Borough of Cartaret, do he~eby ·ce.tify that
th~re are su!ficlent funus availsble in the current budget to
enable the Municipal Council Co nuchorize the entering inco a
Contract between the Borough of Carteret'and:
The funds available -for this contract are in the nudget, in the
account of!