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RESOLUTION AUTHORIZING CONTRACT MODIFICATION NO. 7 TO COLLIERS ENGINEERING FOR THE DESIGN OF IMPROVEMENTS TO OLDHAM ROAD FROM PREAKNESS AVENUE TO PATERSON HAMBURG TURNPIKE/CENTRAL AVENUE IN THE TOWNSHIP OF WAYNE, NEW JERSEY, PURSUANT TO N.J.A.C 5:30-11.6 ET SEQ.
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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 Board of Commissioners for the County of Passaic (hereafter “Board”) is vested with decision-making powers on behalf of the County; and
WHEREAS, pursuant to N.J.S.A. 40A:11-5, et seq. the County issued RFQ-24-043, Engineers, Architects, Land Surveyors, Planners, Landscape Architects, Golf Course Architects/Designers, And Environmental and Safety/Engineering Consultants (hereafter “RFQ-24-043”) seeking qualifications for a pool of engineers, architects, land surveyors, planners, landscape architects, and environmental health and safety engineers for calendar year 2024, to be hired on an as-needed basis, to provide professional services to the County; and
WHEREAS, on November 21, 2023, the Board passed Resolution No. R-23-1091, qualifying a pool of engineers, architects, land surveyors, planners, landscape architects, and environmental health and safety engineers for calendar year 2024, as recommended by the Passaic County Engineer, to be hired on an as-needed basis, which included Colliers Engineering & Design, Inc.; and
WHEREAS, pursuant to N.J.S.A. 19:44A-20.4, the County’s request for qualifications is a fair and open process, specifically, the qualification for the pool of engineers, architects, land surveyors, planners, landscape architects, and environmental health and safety engineers for calendar year 2022 is publicly advertised, awarded under a process that provides for public solicitation of qualifications, established the basis of an award and disclosure process documented in writing prior to any solicitation, and is publicly opened and announced when awarded; and
WHEREAS, on March 8, 2011, the Board passed Resolution No. R20110152 awarding a contract to Colliers Engineering, for consulting engineering and design services for the Oldham Road Improvements Project in the Township of Wayne in the amount of one hundred fifty-three thousand three hundred thirty-seven dollars and fifty cents ($153,337.50); 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 December 30, 2011, the Board passed Resolution No. R20112008, authorizing Contract Modification No. 1, in the increased amount of one hundred eighty-seven thousand four hundred twelve dollars and fifty cents ($187,412.50), with a new total award, as a result of the increase, in the amount of three hundred forty thousand seven hundred fifty dollars ($340,750.00); and
WHEREAS, on June 10, 2014, the Board passed Resolution No. R20140435, authorizing Contract Modification No. 2, in the increased amount of one hundred fifty-three thousand two hundred dollars ($153,200.00), with a new total award, as a result of the increase, in the amount of four hundred ninety-three thousand nine hundred fifty dollars ($493,950.00); and
WHEREAS, on October 10, 2017, the Board passed Resolution No. R20170850, authorizing Contract Modification No. 3, in the increased amount of one hundred forty thousand one hundred forty dollars ($140,140.00), with a new total award, as a result of the increase, in the amount of six hundred thirty-four thousand ninety dollars ($634,090.00); and
WHEREAS, on November 16, 2020, the Board passed Resolution No. R20201012, authorizing Contract Modification No. 4, in the increased amount of seventy-eight thousand seven hundred eighty dollars ($78,780.00), with a new total award, as a result of the increase, in the amount of seven hundred twelve thousand eight hundred seventy dollars ($712,870.00); and
WHEREAS, on March 8, 2022, the Board passed Resolution No. R-22-0193, authorizing Contract Modification No. 5, in the increased amount of twenty-six thousand nine hundred four dollars and eighty cents ($26,904.80), with a new total award, as a result of the increase, in the amount of seven hundred thirty-nine thousand seven hundred seventy-four dollars and eighty cents ($739,774.80); and
WHEREAS, on October 10, 2023, the Board passed Resolution No. R-23-0950, authorizing Contract Modification No. 6, in the increased amount of seventy-five thousand six hundred eighteen dollars and forty cents ($75,618.40), with a new total award, as a result of the increase, in the amount of eight hundred fifteen thousand three hundred ninety-three dollars and twenty cents ($815,393.20); and
WHEREAS, the Passaic County Engineer is recommending that the Board approve Contract Modification No. 7 to Colliers Engineer, for Consulting Engineering Services for the Oldham Road Improvements Project in the Township of Wayne, in an amount not to exceed seventy-five thousand six hundred eighteen dollars and forty cents ($47,767.20), to relocate the proposed storm sewer system to the opposite side of the road in certain locations, as per their proposal dated September 4, 2024, attached hereto and included herewith, with a new total award amount, as a result of the increase, in the amount of eight hundred sixty-three thousand one hundred sixty dollars and forty cents ($863,160.40); and
WHEREAS, funds are available in Account No. C-04-55-175-001-901 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 September 11, 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. 5:30-11.6 that the Board of County Commissioners of the County of Passaic authorizes Contract Modification No. 7 to Colliers Engineer, for Consulting Engineering and Design Services for the Oldham Road Improvement Project in an amount not to exceed seventy-five thousand six hundred eighteen dollars and forty cents ($47,767.20), with a new total award amount, as a result of the increase, in the amount of eight hundred sixty-three thousand one hundred sixty dollars and forty cents ($863,160.40), as recommended by the Passaic County Engineer.
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 Colliers Engineering 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, and Director of the Board of County Commissioners are authorized to execute the contract modification and take any other steps necessary to carry out the purpose of this resolution.
KJB September 24, 2024