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RESOLUTION AUTHORIZING CHANGE ORDER NO. 1 TO SMITH SONDY ASPHALT CONSTRUCTION COMPANY, INC., FOR THE 2024 PASSAIC COUNTY ROAD RESURFACING PROJECT, PER BID C-24-012, PURSUANT TO N.J.A.C. 5:30-11.10, 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 of 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 May 6, 2024 the Purchasing Agent issued County Of Passaic Road Resurfacing Program, 2024, Bid No. C-24-012 (hereafter “C-24-012”) seeking sealed proposals from qualified bidders for the 2024 County Road Resurfacing Program; and
WHEREAS, on May 21, 2024, the Board approved Resolution No. R-24-464 authorizing an award of contract to Smith Sondy Asphalt Construction Company, under C-24-012, in an amount not to exceed four million six hundred nine thousand three hundred sixty-two dollars and sixty-eight cents ($4,609,362.68); 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 Passaic County Engineer is recommending that Change Order No. 1 be authorized for a net addition to the contract for the Project in the amount of two hundred twenty-three thousand four hundred forty-seven dollars ($223,447.00), due to the addition of as-built items and field quantity adjustments needed to complete the project, with a new contract award, as a result of the increase, of four million eight hundred thirty-two thousand eight hundred nine dollars and sixty-eight cents ($4,832,809.68); and
WHEREAS, this majority of this project is being funded by a 2024 New Jersey Department of Transportation County Aid Grant; and
WHEREAS, the funds are available in Account No. G-01-45-700-024-911 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 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 Smith Sondy Asphalt Company, Inc., under C-24-012, for a net addition in the amount of two hundred twenty three thousand four hundred forty seven dollars ($223,447.00), with a new contract award, as a result of the increase, of four million eight hundred thirty-two thousand eight hundred nine dollars and sixty-eight cents ($4,832,809.68).
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.
ZMQ November 18, 2024