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RESOLUTION AUTHORIZING CHANGE ORDER NO. 2 FOR SMITH SONDY CONSTRUCTION COMPANY, INC., FOR THE RESURFACING OF GARRET MOUNTAIN RESERVATION PARKING LOTS AND INTERIOR DRIVEWAY PROJECT, PER BID C-23-016, PURSUANT TO N.J.A.C. 5:30-11.3 ET SEQ.
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WHEREAS, the County of Passaic (hereafter “County”) is a body politic and corporate pursuant to N.J.S.A. 40:18-1 and vested with all rights contained therein; and
WHEREAS, pursuant to N.J.S.A. 40:20-1 the Board of County Commissioners of the County of Passaic (hereafter “Board”) is vested with managing the property, finances, and affairs of the County; and
WHEREAS, pursuant to N.J.S.A. 40A:11-4, et seq., 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 [40A:11-3], shall be awarded only by resolution of the Board to the lowest responsible bidder after public advertising for bids and bidding thereof; and
WHEREAS, on July 17, 2023, the Purchasing Agent issued C-23-016 for Resurfacing of Garret Mountain Reservation Parking Lots and Interior Driveways (hereafter “C-23-016”) seeking sealed proposals from qualified bidders for the resurfacing of parking lots and driveways in Garret Mountain in the City of Paterson and Borough of Woodland Park (hereafter “Project”); and
WHEREAS, on August 8, 2023, the Board approved Resolution No. R-23-0790, authorizing an award of contract to Smith Sondy Construction Company, Inc., the lowest responsible bidder under C-23-016, in an amount not to exceed two million three hundred four thousand one hundred fifty-four dollars and sixteen cents ($2,304,154.16); and
WHEREAS, pursuant to N.J.A.C. 5:30-11.3, et seq. the Board can authorize, permit, or accept change orders for work performed, services rendered, materials, supplies, or equipment delivered or provided pursuant to the conditions as set forth therein; and
WHEREAS, on April 9, 2024, the Board approved Resolution No. R-24-0328, authorizing Change Order No. 1 to Smith Sondy Construction Company, Inc., under the Project for a net deduction to the contract for the Project in the amount of three dollars and seventy-two cents ($3.72), with a new contract award, as a result of the decrease of two million three hundred four thousand one hundred fifty dollars and forty four cents ($2,304,150.44); and
WHEREAS, the Passaic County Engineer is recommending that Change Order No. 2 be authorized for a net addition to the contract for the Project in the amount of one hundred thirty-four thousand one hundred forty-four dollars and eighty-three cents ($134,144.83) due to additions and deletions of as-built quantities needed to complete the Project, with a new contract award, as a result of the increase of two million four hundred thirty-eight thousand two hundred ninety-five dollars and twenty-seven cents ($2,438,295.27); and
WHEREAS, funds are available in Account No. C-04-55-176-002-901, 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 July 3, 2024, meeting of the Public Works Committee, and is being recommended to the Board for approval.
NOW, THEREFORE, LET IT BE RESOLVED, pursuant to N.J.A.C. 5:30-11.3, et seq., the Board of County Commissioners of the County of Passaic approves Change Order No. 2 for the contract with Smith Sondy Construction Company, Inc., under C-23-016, for the Resurfacing of Garret Mountain Reservation Parking Lots and Interior Driveways, for a net addition in the amount of one hundred thirty-four thousand one hundred forty-four dollars and eighty-three cents ($134,144.83), with a new contract award, as a result of the increase of two million four hundred thirty-eight thousand two hundred ninety-five dollars and twenty-seven cents ($2,438,295.27).
LET IT BE FURTHER RESOLVED, that the County Engineer is authorized and directed to comply with all of the general requirements for change orders as set forth in N.J.A.C. 5:30-11.3, et seq.
KJB July 16, 2024