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RESOLUTION AUTHORIZING ACCEPTANCE, FINAL PAYMENT AND PROJECT CLOSE OUT TO CMS CONSTRUCTION, INC., FOR THE VIETNAM VETERANS MEMORIAL WALL PROJECT IN THE TOWNSHIP OF WAYNE, PER BID C-23-006, PURSUANT TO N.J.S.A. 40A:11-16.3(b) 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:11-16.3(b), et seq. the Board can authorize release and final payment upon acceptance of the work performed pursuant to the contract provided that the contract has been completed; and
WHEREAS, on July 6, 2023, the Purchasing Agent issued C-23-006, Vietnam Veterans Memorial Wall (hereafter “C-23-006”) seeking sealed proposals from qualified bidders for the Vietnam Veterans Memorial Wall Project in the Township of Wayne (hereafter “Project”); and
WHEREAS, on August 8, 2023, the Board approved Resolution No. R-23-0768, authorizing an award of contract to CMS Construction, Inc., under C-23-006, in the total amount of eight hundred eighty-two thousand seven hundred thirty dollars ($882,730.00); and
WHEREAS, on July 16, 2024, the Board passed Resolution No. R-24-0635 authorizing Change Order No. 1 to CMS Construction, Inc., for the Project in the decreased amount of eight hundred seventy-one dollars and forty cents ($871.40), due to additions and deletions of as-built quantities needed to complete the Project, with a new total contract award, as a result of the decrease, in the amount of eight hundred eighty-one thousand eight hundred fifty-eight dollars and sixty cents ($881,858.60); and
WHEREAS, the Passaic County Engineer is advising that the Project is complete and conforms to Passaic County construction plans, standard specifications, and other engineering standards, and is requesting that the Board approve project close out, final acceptance, release of retainage, and final payment to CMS Construction, Inc. in the amount of seventy-five thousand five hundred four dollars and eighty cents ($75,504.80); and
WHEREAS, this matter was discussed at the July 31, 2024, meeting of the Public Works Committee and is being recommended to the Board for approval; and
NOW, THEREFORE, LET IT BE RESOLVED, pursuant to N.J.S.A. 40A:11-16.3(b) et seq., by the Passaic County Board of County Commissioners hereby authorizes and approves project close out, final acceptance, release of retainage, and final payment to CMS Construction, Inc., in the amount of seventy-five thousand five hundred four dollars and eighty cents ($75,504.80) for the Vietnam Veterans Memorial Wall Project in the Township of Wayne, and the Director of Finance is hereby authorized to make payment to said company on the next bill list.
LET IT BE FURTHER RESOLVED, that the Clerk of the Board, County Counsel, County Engineer, and Director of Board of County Commissioners are authorized to execute any documents, and take any other action necessary to carry out the purpose of this Resolution.
KJB August 13, 2024