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RESOLUTION AUTHORIZING CHANGE ORDER NO. 1 TO CMS CONSTRUCTION, INC., FOR THE REPLACEMENT OF THE LINCOLN AVENUE CULVERT NO. 1600-151 OVER MORSETOWN BROOK IN THE TOWNSHIP OF WEST MILFORD, PER BID C-24-019, 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 August 19, 2024 the Purchasing Agent issued Replacement of Lincoln Avenue Culvert Structure No 1600-151 Over Morsetown Brook, Bid No. C-24-019 (hereafter “C-24-019”) seeking sealed proposals from qualified bidders to replace the Lincoln Avenue Culvert No. 1600-151 over Morsetown Brook in the Township of West Milford (hereafter “Project”); and
WHEREAS, on September 10, 2024, the Board approved Resolution No. R-24-0791, authorizing an award of contract to CMS Construction, Inc., the lowest responsible bidder under C-24-019, in an amount not to exceed one million seven hundred ninety-nine thousand one hundred ninety dollars ($1,799,190.00); 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 Passaic County Engineer is recommending that Change Order No. 1 be authorized for a net deduction to the contract for the Project in the amount of forty-nine thousand eight hundred twenty-nine dollars and ninety cents ($49,829.90), due to additions and deletions of as-built quantities needed to complete the Project, with a final contract amount, as a result of the decrease, of one million seven hundred forty-nine thousand three hundred sixty dollars and ten cents ($1,749,360.10); and
WHEREAS, funds are available in Account No. G-01-45-700-022-911, 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 2025 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 July 2, 2025, 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 CMS Construction, Inc., under C-24-019, to replace the Lincoln Avenue Culvert No. 1600-151 over Morsetown Brook in the Township of West Milford, for a net deduction to the contract in the amount of forty-nine thousand eight hundred twenty-nine dollars and ninety cents ($49,829.90), with a final contract amount, as a result of the decrease, of one million seven hundred forty-nine thousand three hundred sixty dollars and ten cents ($1,749,360.10).
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 July 15, 2025