title
RESOLUTION AUTHORIZING CHANGE ORDER NO. 2 TO SMITH SONDY ASPHALT CONSTRUCTION COMPANY, INC. FOR THE 2025 ROAD RESURFACING PROGRAM IN VARIOUS MUNICIPALITIES OF PASSAIC COUNTY, PER BID C-25-015, PURSUANT TO N.J.A.C. 5:30-11.3, ET SEQ.
body
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, 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 passed Resolution No. R-25-666 authorizing an award of contract to Smith Sondy Asphalt Construction Company, Inc., the lowest responsible bidder 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, on January 27, 2026, the Board passed Resolution No. R-26-0071, authorizing Change Order No. 1 for the contract under C-25-015, in the increased amount of five hundred five thousand two hundred eighty five dollars and seventy-four cents, with a new contract award amount, as a result of the increase, in the amount of ix million six hundred thirty-six thousand four hundred thirty-two dollars and eighty-eight cents ($6,636,432.88); and
WHEREAS, the Passaic County Engineer is recommending that Change Order No. 2 be authorized for a net addition to the contract under C-25-015 in the amount of thirty-three thousand one hundred ten dollars and twenty-five cents ($33,110.25), to address the addition and deletion of as-built quantities and supplemental work needed to complete the project, with a new total contract amount, as a result of the increase, of six million six hundred sixty-nine thousand five hundred forty-three dollars and thirteen cents ($6,669,543.13); and
WHEREAS, this majority of this project is being funded by a 2024 New Jersey Department of Transportation County Aid Grant; and
WHEREAS, funds are available in Account No. G-01-45-700-025-911, 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 2026 and/or subsequent years’ County budget(s); and
WHEREAS, this matter was discussed at the April 1, 2026 meeting of the Public Works Committee and is being recommended to the Board for approval; and
NOW, THEREFORE, LET IT BE RESOLVED, pursuant to N.J.A.C. 5:30-11.3, et seq., that the Passaic County Board of County Commissioners hereby authorizes Change Order No. 2 to Smith Sondy Asphalt Construction Company, Inc. under C-25-015, for a net addition in the amount of thirty-three thousand one hundred ten dollars and twenty-five cents ($33,110.25), with a new total contract amount, as a result of the increase, of six million six hundred sixty-nine thousand five hundred forty-three dollars and thirteen cents ($6,669,543.13), as recommended by the County Engineer.
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 April 14, 2026