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RESOLUTION AUTHORIZING CHANGE ORDER NO. 1 TO ZENITH CONSTRUCTION SERVICES, INC., FOR THE CAMP HOPE INCLUSIVE PLAYGROUND IN THE TOWNSHIP OF WEST MILFORD, PER BID C-24-016, PURSUANT TO N.J.S.A 40A: 11-4 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 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 August 8, 2024, the Purchasing Agent issued Camp Hope Inclusive Playground, C-24-016 (hereafter “C-24-016”) seeking sealed proposals from qualified bidders to construct an inclusive playground at Camp Hope in the Township of West Milford; and
WHEREAS, on September 24, 2024, the Board approved Resolution No. R-24-0837 authorizing an award of contract to Zenith Construction Services, Inc., for the project under C-24-016 in an amount not to exceed three hundred thirteen thousand dollars ($313,000.00); and
WHEREAS, pursuant to N.J.A.C. 5:30-11.10, the County is permitted to increase the award amount under contracts competitively bid pursuant to N.J.S.A. 40A:11-4, where such contracts are deemed open-end contracts, as is the case here; 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 in the amount of four thousand nine hundred eighteen dollars and ninety-eight cents ($4,918.98), in order to increase the footprint of the playground by one hundred ninety-three square feet (193 sq. ft.), with a new contract award, as a result of the increase, of three hundred seventeen thousand nine hundred eighteen dollars and ninety-eight cents ($317,918.98); and
WHEREAS, funds are available in Account No. C-04-55-166-002-904 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 November 6, 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. 1 for the contract with Zenith Construction Services, Inc., under C-24-016 in the increased amount of four thousand nine hundred eighteen dollars and ninety-eight cents ($4,918.98), with a new contract award, as a result of the increase, of three hundred seventeen thousand nine hundred eighteen dollars and ninety-eight cents ($317,918.98).
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. 5:30-11.10, et seq.
KJB November 18, 2024