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RESOLUTION AUTHORIZING CHANGE ORDER NO. 1 TO CMS CONSTRUCTION, INC., FOR THE REPLACEMENT OF PASSAIC AVENUE CULVERT NO. 1600-092 OVER MACDONALD BROOK IN THE CITY OF PASSAIC, PER BID C-24-014, 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, 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 November 6, 2024, the Purchasing Agent issued Replacement of Structure No. 1600-092 Passaic Avenue Culvert, Bid No. C-24-014 (hereafter “C-24-014) seeking sealed proposals from qualified bidders to replace the Passaic Avenue Culvert No. 1600-092 in the City of Passaic; and
WHEREAS, on December 30, 2024, the Board passed Resolution No. R24-1221 authorizing an award of contract to CMS Construction, Inc., the lowest responsible bidder under C-24-014, in an amount not to exceed two million one hundred twenty-one thousand nine hundred seven dollars ($2,121,907.00); 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 decrease to the contract under C-24-014 in the amount of one hundred one thousand three hundred fifty-eight dollars and twenty cents ($101,358.20), due to final field quantity adjustments needed to complete the project, with a new total contract amount of two million twenty thousand five hundred forty-eight dollars and eighty cents ($2,020,548.80); and
WHEREAS, the majority of this project is funded by New Jersey Department of Transportation Local Bridges Fund Program Grants; 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. 1 to CMS Construction, Inc., for the Replacement of Passaic Avenue Culvert No. 1600-092 over MacDonald Brook in the City of Passaic, in the amount of one hundred one thousand three hundred fifty-eight dollars and twenty cents ($101,358.20) as a deduction, with a new total contract amount of two million twenty thousand five hundred forty-eight dollars and eighty cents ($2,020,548.80), 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