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RESOLUTION AUTHORIZING CHANGE ORDER NO. 5 FOR SMITH-SONDY ASPHALT CONSTRUCTION COMPANY INC., FOR THE 2022 PASSAIC COUNTY ROADWAY RESURFACING PROJECT, C-22-016, AND AUTHORIZING ACCEPTANCE, FINAL PAYMENT AND PROJECT CLOSE OUT FOR THE PROJECT PURSUANT TO N.J.A.C. 5:30-11.3 AND N.J.S.A. 40A:11-16.3(b) 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, 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 June 28, 2022, the Purchasing Agent issued C-22-016, 2022 Passaic County Road Resurfacing Program (hereafter “C-22-016”) seeking sealed proposals from qualified bidders for the 2022 County Road Resurfacing Program; and
WHEREAS, on July 19, 2022, the Board approved Resolution No. R-22-0694, authorizing an award of contract to Smith-Sondy Asphalt Construction Company Inc., as the lowest responsible bidder to the project under C-22-016, in the amount of four million five hundred seventy-seven thousand two hundred seventy-four dollars and ninety-five cents ($4,577,274.95) pursuant to N.J.S.A. 40A:11-4, et seq.; 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, in compliance with N.J.A.C. 5:30-11.3 et seq., the Board has approved the following change orders for the Project to date:
|
CHANGE ORDER |
AMOUNT |
ADJUSTED CONTRACT |
RESOLUTION |
|
Change Order No. 1 |
$175,867.15 |
$4,753,142.10 |
R-23-0529 |
|
Change Order No. 2 |
($555.57) |
$4,752,586.53 |
R-23-1072 |
|
Change Order No. 3 |
$65,278.00 |
$4,817,864.53 |
R-24-0128 |
|
Change Order No. 4 |
($8,213.73) |
$4,809,650.80 |
R-24-0321 |
WHEREAS, the Passaic County Engineer is recommending that Change Order No. 5 be authorized for a net deduction to the contract for the project under C-22-016 in the amount of one hundred fifty-seven thousand seven hundred forty-four dollars and fifty-three cents ($157,744.53) due to final field quantity adjustments necessary to complete the project, with a new total contract award, as a result of the decrease, in the amount of four million six hundred fifty-one thousand nine hundred six dollars and twenty-seven cents ($4,651,906.27); and
WHEREAS, pursuant to N.J.S.A. 40A:11-16.3(b), et seq. the Board can authorize release and final payment upon acceptance of the work performed pursuant to the contract provided that the contract has been completed; and
WHEREAS, the Passaic County Engineer is advising that the Project is complete and conforms to Passaic County’s construction plans, standard specifications, and other engineering standards, and is also requesting that the Board approve the Project’s close out, final acceptance, release of retainage, and final payment to Smith-Sondy Asphalt Construction Company Inc., in the amount of ninety-two thousand nine hundred eighty dollars and twenty-eight cents ($92,980.28); and
WHEREAS, the majority of this project will be funded by the New Jersey Department of Transportation (hereafter “NJDOT”) County Aid Grant; 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. 5 for the contract with Smith-Sondy Asphalt Construction Company Inc, under C-22-016, in the decreased amount of one hundred fifty-seven thousand seven hundred forty-four dollars and fifty-three cents ($157,744.53), with a new total contract award, as a result of the decrease, in the amount of four million six hundred fifty-one thousand nine hundred six dollars and twenty-seven cents ($4,651,906.27).
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 pursuant to N.J.S.A. 40A:11-16.3(b) et seq., by the Passaic County Board of County Commissioners hereby authorizes and approves project close out, final acceptance, release of retainage, and final payment to Smith-Sondy Asphalt Construction Company Inc., in the amount of ninety-two thousand nine hundred eighty dollars and twenty-eight cents ($92,980.28) for the 2022 Roadway Resurfacing Project, C-22-016, and the Director of Finance is hereby authorized to make payment to said company on the next bill list.
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 an agreement and Form SA-1 for NJDOT Change Orders, or any other documents from NJDOT for project grant reimbursement, and to take any other action necessary to carry out the purpose of this Resolution.
KJB November 18, 2024