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RESOLUTION AUTHORIZING CHANGE ORDER NO. 3 TO SMITH SONDY ASPHALT CONSTRUCTION COMPANY, INC., FOR 2023 PASSAIC COUNTY ROAD RESURFACING PROJECT, PER BID C-23-010, 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 12, 2023, the Purchasing Agent issued Bid No. C-23-010, County of Passaic Road Resurfacing Program 2023 (hereafter “C-23-010”) seeking sealed proposals from qualified bidders for the 2023 Road Resurfacing Program (hereafter “Project”); and
WHEREAS, on August 8, 2023, the Board approved Resolution No. R-23-0750, authorizing an award of contract to Smith Sondy Asphalt Construction Company, under C-23-010, in an amount not to exceed four million six hundred twelve thousand one hundred forty dollars and two cents ($4,612,140.02); 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 May 21, 2024, the Board passed Resolution No. R-24-0452, authorizing Change Order No. 1 for the Project in the increased amount of thirty-four thousand nine hundred ninety-five dollars ($34,995.00), with a new contract amount, as a result of the increase, in the amount of four million six hundred forty-seven thousand one hundred thirty-five dollars and ninety-two cents ($4,647,135.92); and
WHEREAS, on August 13, 2024, the Board passed Resolution No. R-24-0716, authorizing Change Order No. 2 for the Project in the increased amount of thirty-seven thousand three hundred nine dollars ($37,309.00), with a new contract award, as a result of the increase of four million six hundred eighty-four thousand four hundred forty-four dollars and ninety-two cents ($4,684,444.92); and
WHEREAS, the Passaic County Engineer is recommending that Change Order No. 3 be authorized for a net addition to the contract for the Project in the amount of one hundred nineteen thousand eight hundred three dollars and ten cents ($119, 803.10), to repair a parapet and install an attenuator on Paterson-Hamburg Turnpike, to remove a parapet and install a concrete slab for weldments, and for additional drainage repair on Ringwood Avenue, with a new contract award, as a result of the increase of four million eight hundred four thousand two hundred forty-eight dollars and two cents ($4,804,248.02); and
WHEREAS, a majority of this project is being funded by the New Jersey Department of Transportation (hereafter “NJDOT”) County Aid Grant; and
WHEREAS, funds are available in Account No. G-01-45-700-023-911, 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 25, 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. 3 for the contract with Smith Sondy Asphalt Construction Company under C-23-010, for a net addition to the contract for the Project in the amount of one hundred nineteen thousand eight hundred three dollars and ten cents ($119, 803.10), with a new contract award, as a result of the increase of four million eight hundred four thousand two hundred forty-eight dollars and two cents ($4,804,248.02).
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.
LET IT BE FURTHER RESOLVED, that the Clerk of the Board, County Counsel, County Engineer, and Director of the Board of County Commissioners are authorized to execute an agreement and Form SA-1 for NJDOT Change Orders, as well as any NJDOT Reimbursement Forms and Documentation, and to take any other action necessary to carry out the purpose of this Resolution.
KJB October 8, 2024