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RESOLUTION AUTHORIZING CONTRACT MODIFICATION NO. 2 FOR T&M ASSOCIATES TO PROFESSIONAL ENGINEERING SERVICES FOR THE HIGHLAND RAIL TRAIL PHASE I, IN THE BOROUGH OF WANAQUE N.J.A.C. 5:30-11.6
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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 are vested with decision-making powers on behalf of the County; and
WHEREAS, the County is undertaking a project to construct a rail trail along a railroad easement no longer in use in the Borough of Wanaque known as the Highlands Rail Trail Phase I; and
WHEREAS, pursuant to N.J.S.A. 40A:11-5, et seq., any contract in the amount of which exceeds the bid threshold, may be negotiated and awarded by the governing body without public advertising for bids and bidding therefor and shall be awarded by resolution of the governing body if, the subject matter consists of professional services; and
WHEREAS, pursuant to N.J.S.A. 40A:11-5, et seq. the County issued RFQ-23-034 seeking qualifications for a pool of engineers, architects, land surveyors, planners, landscape architects, and environmental health and safety engineers for calendar year 2023, to be hired on an as-needed basis, to provide professional services to the County; and
WHEREAS, on June 12, 2018, the Board passed Resolution No. 20180469, authorizing an award of contract to T&M Associates for design Phases II and III of the Highlands Rail Trail Phase I project, in the Borough of Wanaque, in an amount not to exceed two hundred thirty-seven thousand seven hundred dollars ($237,700.00); and
WHEREAS, on November 21, 2017, the Board passed Resolution No. R20170940, authorizing an award of contract to T&M Associates for the design of the Highlands Rail Trail Phase I project, design Phase I, in the Borough of Wanaque, in the amount of one hundred thousand dollars ($100,000.00); and
WHEREAS, on December 12, 2023, the Board passed Resolution R-23-1164 authorizing Contract Modification No. 1 to T&M Associates for additional unforeseen work that has been encountered during the design phase of the Highlands Rail Trail Phase I project in the increased amount of forty-two thousand seven hundred thirty-five dollars ($42,735.00), with a new total contract amount, as a result of the increase, in the amount of three hundred eighty thousand four hundred thirty-five dollars ($380,435.00); and
WHEREAS, pursuant to N.J.A.C. 5:30-11.6, the County can authorize contract modifications for professional services and extraordinary unspecifiable services when the change is within the scope of activities of the original contract, and not for the purpose of undertaking new or different work or projects; and
WHEREAS, the Acting Passaic County Engineer is recommending that the Board authorize Contract Modification No. 2 to T & M Associates for services outside the original scope of work related to the redesign of the pedestrian bridge in response to directives issued by the North Jersey District Water Supply Commission in the increased amount of sixty eight thousand five hundred dollars ($68,500.00), with a new total contract amount, as a result of the increase, in the amount of four hundred forty eight thousand nine hundred thirty five dollars ($448,935.00) plus an additional five hundred sixty four dollars and ninety two cents ($564.92) for a total contract amount of four hundred forty nine thousand four hundred ninety nine dollars and ninety two cents ($449,499.92); and
WHEREAS, funds are available in Account No. C-04-55-188-002-920, 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 30, 2025, meeting of the Public Works Committee and being recommended to the Board of County Commissioners for the County of Passaic for approval; and
NOW, THEREFORE, LET IT BE RESOLVED, pursuant to N.J.A.C. 5:30-11.6, that the Board of County Commissioners of the County of Passaic hereby authorizes Contract Modification No. 2 to T & M Associates, in the increased amount of sixty eight thousand five hundred dollars ($68,500.00), with a new total contract amount, as a result of the increase, in the amount of four hundred forty eight thousand nine hundred thirty five dollars ($448,935.00) plus an additional five hundred sixty four dollars and ninety two cents ($564.92) for a total contract amount of four hundred forty nine thousand four hundred ninety nine dollars and ninety two cents ($449,499.92).
LET IT BE FURTHER RESOLVED, the Clerk of the Board shall print, in the official newspaper, a brief notice stating the nature, duration, service, and amount of the contract modification to T & M Associates and maintain a copy of the resolution on file and available for public inspection in the Office of the Clerk of the Board.
LET IT BE FURTHER RESOLVED, that the Clerk of the Board, County Counsel, and Director of the Board of County Commissioners are authorized to execute the contract and take any other steps necessary to carry out the purpose of this resolution.
ZMQ August 12, 2025