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RESOLUTION AUTHORIZING CHANGE ORDER NO. 1 TO JOHN O’ HARA COMPANY FOR THE LAMBERT TOWER RESTORATION & SITE IMPROVEMENT PROJECT, PER BID C-23-013, 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 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 (hereafter “Board”) is vested with decision making powers on behalf 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 October 31, 2023, the County’s Purchasing Agent issued C-23-013 (hereafter “C-23-013”) seeking qualified bidders for the Lambert Tower Restoration & Site Improvement Project; and
WHEREAS, On February 2, 2024, the Board passed Resolution No. R-24-0080, authorizing an award of contract to John O’Hara Company, the lowest responsible bidder under C-23-013, in an amount not to exceed two million, two hundred sixty-five thousand, eight hundred forty-four dollars ($2,265,844.00); 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, the Director of the Department of Cultural & Historic Affairs is recommending that Change Order No. 1 be authorized for a net addition to the contract for the project under C-23-013 in the amount of one hundred forty thousand three hundred forty-one dollars ($140,341.00) due to a change of materials for roof shingles on the concession building, for additional costs for the soil conservation permit, to furnish and install eight (8) new pole lights, to resurface an asphalt horseshoe path, for stone patching around tower window openings and balcony repairs, and for penal disconnect and removal of light fixtures and wiring for light fixtures, and patch repair on masonry, all now necessary to complete the project, for a new award amount, as a result of the increase, in the amount of two million four hundred six thousand one hundred eighty-five dollars ($2,406,185.00); and
WHEREAS, funds are available in Account No. C-04-55-176-001-901, 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 on November 6, 2024, by 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 hereby authorizes Change Order No. 1 for the contract with John O’ Hara Company under C-23-013, in the increased amount of one hundred forty thousand three hundred forty-one dollars ($140,341.00), with a new award amount, as a result of the increase, in an amount not to exceed two million four hundred six thousand one hundred eighty-five dollars ($2,406,185.00), as recommended by the Director of Cultural & Historic Affairs.
LET IT BE FURTHER RESOLVED, that the Director of the Department of Cultural & Historic Affairs 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 November 18, 2024