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RESOLUTION AUTHORIZING CHANGE ORDER NO. 1 TO SMITH SONDY ASPHALT CONSTRUCTION COMPANY, INC., FOR THE 2025 PASSAIC COUNTY ROAD RESURFACING PROJECT, PER BID C-25-015, 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 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 June 12, 2025 the Purchasing Agent issued County of Passaic Road Resurfacing Program, 2025, Bid No. C-25-015 (hereafter “C-25-015”) seeking sealed proposals from qualified bidders for the 2025 County Road Resurfacing Program; and
WHEREAS, on July 15, 2025, the Board approved Resolution No. R-25-0666 authorizing an award of contract to Smith Sondy Asphalt Construction Company, under C-25-015, in an amount not to exceed six million one hundred thirty-one thousand one hundred forty-seven dollars and fourteen cents ($6,131,147.14); 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 addition to the contract for the Project in the amount of five hundred five thousand two hundred eighty-five dollars and seventy-four cents ($505,285.74), due to additional curb and sidewalk improvements, and additional parking lot repaving, with a new contract award, as a result of the increase, of six million six hundred thirty-six thousand four hundred thirty-two dollars and eighty-eight cents ($6,636,432.88); 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. C-04-55-188-002-902, C-04-55-188-001-920 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 2026 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 January 14, 2026 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-25-015, for a net addition in the amount of five hundred five thousand two hundred eighty-five dollars and seventy-four cents ($505,285.74), with a new contract award, as a result of the increase, of six million six hundred thirty-six thousand four hundred thirty-two dollars and eighty-eight cents ($6,636,432.88).
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 January 27, 2026