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RESOLUTION AUTHORIZING CONTRACT MODIFICATION NO. 2 FOR T& M ASSOCIATES, FOR PROFESSIONAL ENGINEERING SERVICES FOR THE REPLACEMENT OF THE DOTY ROAD CULVERT# 1600-147 OVER POST BROOK IN THE BOROUGH OF WANAQUE 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 Board of County Commissioners for the County of Passaic are 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 T&M Associates; 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 2024 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 November 16, 2020, the Board passed Resolution No. R20201009, authorizing an award of contract to T&M Associates, to provide engineering consultant services for the Replacement of the Doty Road Culvert #1600-147 over Post Brook in the Borough of Wanaque, in an amount not to exceed two hundred thirty-three thousand and four hundred and seven dollars ($233,407.00); 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 outside the original scope of activities of the original contract, provided that any change beyond the original scope of activities shall be made by amendatory contract approved by the governing body; and
WHEREAS, on November 21, 2023, the Board approved Resolution No. R-23-1084, authorizing Contract Modification No. 1 to T&M Associates, in the increased amount of nine thousand nine hundred twenty-five dollars ($9,925.00), with a new total award amount, as a result of the increase, in the amount of two hundred forty-three thousand three hundred thirty-two dollars; and
WHEREAS, the Director of Engineering is recommending that the Board authorize Contract Modification No. 2 to T & M Associates, in the increased amount of one hundred twelve thousand dollars ($112,000.00) to perform additional construction support services for geotechnical work for the bridge replacement, outside the original scope of work, with a new total contract award, as a result of the increase, of three hundred fifty-five thousand three hundred thirty-two dollars ($355,332.00); and
WHEREAS, funds are available in Account No. G-01-45-701-023-903, 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 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 T & M Associates, in the increased amount of one hundred twelve thousand dollars ($112,000.00) to perform additional construction support services for geotechnical work for the bridge replacement, outside the original scope of work, with a new total contract award, as a result of the increase, of three hundred fifty-five thousand three hundred thirty-two dollars ($355,332.00), as recommended by the Passaic County Engineer.
LET IT BE FUTHER RESOLVED, that the Board of County Commissioners of the County of Passaic authorizes the execution of an amendatory contract to cover the additional work required beyond the original scope of activities for the Replacement of the Doty Road Culvert #1600-147 over Post Brook in the Borough of Wanaque.
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 T & M Associates 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 and take any other steps necessary to carry out the purpose of this resolution.
KJB September 24, 2024