Whereas, on December 10, 2024, the Borough of Somerville (the "Borough") entered into a contract with Dell-Tech Inc., 930 New York Avenue, Trenton, New Jersey 08638 (the "Contractor"), for the Borough Hall Entry Portico and Exterior Restoration Project (the "Project") in the original contract sum of $549,800.00; and

Whereas, HMR Architects (the "Architect") served as the architect of record for the Project and administered the contract on behalf of the Borough; and

Whereas, no financial change orders were issued during the course of the Project, and the contract sum to date remains $549,800.00; and

Whereas, the Contractor has submitted Application and Certificate for Payment No. 7, dated August 25, 2026, for the period ending August 25, 2026, reflecting a total of $546,365.00 in work completed and stored to date, less previous certificates for payment totaling $533,918.70, resulting in a current payment due of $12,446.30, which application has been reviewed by the Architect; and

Whereas, the Architect has determined that all work under the contract has been completed in accordance with the contract documents, including all punch list and closeout items, and has recommended that the Project be accepted as complete; and

Whereas, the Borough previously withheld retainage in the amount of $3,435.00 during the course of the Project, and, the Project now being complete and the maintenance bond having been received, no retainage is being withheld and the full amount of $3,435.00 is to be released to the Contractor; and

Whereas, the Contractor has furnished the Borough with the following closeout documents: a Contractor's Affidavit of Payment of Debts and Claims (AIA Document G706) dated August 25, 2026, certifying that payment has been made in full for all materials, equipment, labor and services furnished in connection with the Project; a Final Waiver of Lien dated August 25, 2026, in the amount of $546,365.00; and a Maintenance Bond, Bond No. 7464745M, issued by Old Republic Insurance Company as surety in the amount of $54,980.00, dated August 14, 2026, guaranteeing the work against faulty materials and workmanship for a period of two years from the date of completion and acceptance, through April 29, 2028; and

Whereas, the Chief Financial Officer has certified that sufficient funds are available for the final payment and release of retainage authorized herein; and

Whereas, the Borough Council desires to accept the Project as complete, authorize final payment and release of retainage to the Contractor, and formally close out the contract;

Now, therefore, be it resolved by the Borough Council of the Borough of Somerville, County of Somerset, State of New Jersey, that the Borough Hall Entry Portico and