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RESOLUTION AUTHORIZING CONTRACT MODIFICATION NO. 2 TO KEEGAN TECHNOLOGY & TESTING ASSOCIATES, INC., D/B/A KEY-TECH TO PROVIDE ON-CALL CONSTRUCTION TESTING SERVICE FOR RIFLE CAMP PARK AMPHITHEATER, SB-23-005, PURSUANT TO N.J.A.C. 5:30-11.6
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WHEREAS, the County of Passaic (hereafter “County”) is a government body incorporated pursuant to N.J.S.A. 40:18-1, et seq. and vested with all rights contained therein; and
WHEREAS, pursuant to N.J.S.A. 40:20-1 the Passaic Board of County Commissioners (hereafter “Board”) is vested with decision-making powers on behalf of the County; and
WHEREAS, pursuant to N.J.S.A. 40A:11-4, et seq., for every contract awarded by the County for the provision or performance of any goods or services, the cost of which in the aggregate exceeds the bid threshold established pursuant to N.J.S.A. 40A:11-3, shall be awarded by resolution of the Board to the lowest responsible bidder after public advertising for bids and bidding thereof; and
WHEREAS, on October 21, 2022, the Purchasing Agent issued On-Call Construction and Geotechnical Testing Services, SB-23-005 (hereafter “SB-23-005”), in compliance with N.J.S.A. 40A:11-4, et seq.; and
WHEREAS, on November 22, 2022, the Board passed Resolution R-22-1039 qualifying a pool of construction and geotechnical testing companies and establishing unit prices for the On-Call Construction and Geotechnical Testing Services for a two-year period beginning on January 1, 2023, expiring on December 31, 2024, as recommended by the County Engineer, to be hired on an as-needed basis, which included Keegan Technology & Testing Associates, Inc, d/b/a Key-Tech; and
WHEREAS, on February 28, 2023, the Board passed Resolution R-23-0181, authorizing an award of contract to Keegan Technology & Testing Associates, Inc, d/b/a Key-Tech to provide construction testing services for the Rifle Camp Park Amphitheater in the Borough of Woodland Park (hereafter "Project"), in an amount not to exceed two thousand three hundred twenty dollars ($2,320.00); and
WHEREAS, pursuant to N.J.A.C. 5:30-11.6, the County can authorize contract modifications for professional services and extraordinary unspecifiable services when the change is within the scope of activities of the original contract, and not for the purpose of undertaking new or different work or projects; and
WHEREAS, on August 8, 2023, the Board passed Resolution No. R-23-0758, authorizing Contract Modification No. 1 for the Project, to perform additional construction testing beyond originally anticipated, in an additional amount of two thousand dollars ($2,000.00) for a new total award amount for the Project in the amount of four thousand three hundred twenty dollars ($4,320.00)
WHEREAS, the Passaic County Engineer is recommending that the Board to approve Contract Modification No. 2 for the Project, to perform additional concrete pours and testing beyond originally anticipated, in an additional amount of one thousand one hundred thirty-three dollars and fifty cents ($1,133.50) for a new total award amount for the Project in the amount of five thousand four hundred fifty-three dollars and fifty cents ($5,453.50); and
WHEREAS, funds are available in Account No. C-04-55-166-002-920, or any other account that may be deemed appropriate by the Chief Financial Officer or his designee, and the availability of funds has been contingently certified by the Chief Financial Officer subject to sufficient funds being appropriated by the Board in the 2024 and/or subsequent years’ County budget(s), which is attached to and made part of this Resolution; and
WHEREAS, this matter was discussed at the May 29, 2024 meeting of the Public Works Committee and being recommended to the Board for approval; and
NOW, THEREFORE, LET IT BE RESOLVED, pursuant to N.J.A.C. 5:30-11.6, that the Board of County Commissioners of the County of Passaic hereby authorizes Contract Modification No. 2 to Keegan Technology & Testing Associates, Inc, d/b/a Key-Tech for construction and geotechnical testing services at Rifle Camp Park Amphitheater in the Borough of Woodland Park in an additional amount of one thousand one hundred thirty-three dollars and fifty cents ($1,133.50) for a new total award amount for the Project in the amount of five thousand four hundred fifty-three dollars and fifty cents ($5,453.50).
LET IT BE FURTHER RESOLVED, the Clerk of the Board shall print, in the official newspaper, a brief notice stating the nature, duration, service, and amount of the contract modification to Keegan Technology & Testing Associates, Inc, d/b/a Key-Tech and maintain a copy of the resolution on file and available for public inspection in the Office of the Clerk of the Board.
LET IT BE FURTHER RESOLVED, that the Clerk of the Board, County Counsel, Passaic County Engineer, and Director of the Board of County Commissioners are authorized to execute the contract and take any other steps necessary to carry out the purpose of this resolution.
KJB June 11, 2024