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RESOLUTION AUTHORIZING CHANGE ORDER NO. 5 AND ACCEPTANCE, FINAL PAYMENT, AND PROJECT CLOSE OUT TO THOMAS & SONS BUILDERS, LLC, D/B/A DEVELOP BUILDERS TO CONSTRUCT A NEW SALT STORAGE BUILDING IN THE BOROUGH OF POMPTON LAKES, PER BID C-24-003, PURSUANT TO N.J.A.C. 40A:11-16.3(B) 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 managing the property, finances, and affairs of the County; and
WHEREAS, pursuant to N.J.S.A. 40A:11-16.3(b), et seq. the Board can authorize release of final payment upon acceptance of the work performed pursuant to the contract provided that the contract has been completed; and
WHEREAS, on May 1, 2024, the Purchasing Agent issued Bid No. C-24-003, New Salt Storage Building on Block 2300, Lots 1, 7, & 10 (“C-24-003”) seeking sealed proposals from qualified bidders to construct the New Salt Storage Building in the Borough of Pompton Lakes; and
WHEREAS, on June 11, 2024, the Board approved Resolution No. R-24-518, authorizing an award of contract to Thomas and Sons Builders, LLC, as lowest responsible bidder to the project under C-24-003, in an amount of one million five hundred sixty-eight thousand six hundred ninety-four dollars ($1,568,694.00) 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, on December 10, 2024, the Board passed Resolution No. R-24-1134, authorizing Change Order No. 1 for the project under C-24-003, in the increased amount of six thousand seven hundred thirty-four dollars and fifty-five cents ($6,734.55), with a new total contract amount, as a result of the increase, in the amount of one million five hundred seventy-five thousand four hundred twenty-eight dollars and fifty-five cents ($1,575,428.55); and
WHEREAS, on April 8, 2025, the Board passed Resolution No. R-25-0337, authorizing Change Order No. 2 for the project under C-24-003, in the increased amount of eighty-eight thousand five hundred fifty dollars ($88,550.00), with a new total contract amount, as a result of the increase, in the amount of one million six hundred sixty-three thousand nine hundred seventy-eight dollars and fifty-five cents ($1,663,978.55); and
WHEREAS, on August 12, 2025, the Board passed Resolution No. R-25-748, authorizing Change Orders No. 3 and 4 for the project under C-24-003, in the increased amount of one thousand seven hundred twenty-five dollars ($1,725.00), with a new total contract amount, as a result of the increase, in the amount of one million six hundred sixty seven thousand and sixteen dollars and thirteen cents ($1,667,016.13); and
WHEREAS, the Supervisor of Roads is advising that the Project is complete and is requesting that the Board approve Change Order No. 5 for the Project’s close out, final acceptance, release of retainage, and final payment to Thomas and Sons Builders, LLC, in the amount of twenty one thousand three hundred forty five dollars and seventy two cents ($21,345.72) with a final contract amount of one million six hundred eighty eight thousand three hundred sixty one dollars and eighty five cents ($1,688,361.85); and
WHEREAS, this matter was discussed at the January 15, 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.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 Thomas and Sons Builders, LLC, in the amount of twenty one thousand three hundred forty five dollars and seventy two cents ($21,345.72) with a final contract amount of one million six hundred eighty eight thousand three hundred sixty one dollars and eighty five cents ($1,688,361.85), 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 to the Board, County Counsel, and the Director of the Board are authorized to take any other steps necessary to carry out the purpose of this resolution.
ZMQ January 27, 2026