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RESOLUTION AUTHORIZING ACCEPTANCE, FINAL PAYMENT AND PROJECT CLOSE OUT TO SMITH-SONDY ASPHALT CONSTRUCTION CO., INC., FOR THE 2024 ROAD RESURFACING PROJECT, PER BID C-24-012, PURSUANT TO N.J.S.A. 40A:11-16.3(b) 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:11-16.3(b), 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
HEREAS, on May 6, 2024 the Purchasing Agent issued County of Passaic Road Resurfacing Program, 2024, Bid No. C-24-012 (hereafter “C-24-012”) seeking sealed proposals from qualified bidders for the 2024 County Road Resurfacing Program; and
WHEREAS, on May 21, 2024, the Board approved Resolution No. R-24-464 authorizing an award of contract to Smith Sondy Asphalt Construction Company, under C-24-012, in an amount not to exceed four million six hundred nine thousand three hundred sixty-two dollars and sixty-eight cents ($4,609,362.68); 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 Board has approved the following change orders for the Project under C-24-012 to date:
|
CHANGE ORDER |
AMOUNT |
ADJUSTED CONTRACT |
RESOLUTION |
|
1 |
$223,447.00 |
$4,832,809.68 |
R-24-1045 |
|
2 |
$108,280.00 |
$4,941,089.68 |
R-25-0110 |
|
3 |
$274,901.23 |
$5,215,990.91 |
R-25-0573 |
|
4 |
$108,280.00 |
$5,324,270.91 |
R-25-0905 |
|
5 |
$205,341.66 |
$5,529,612.57 |
R-25-1194 |
|
6 |
$123,962.73 |
$5,653,575.30 |
R-26-0720 |
WHEREAS, the Passaic County Engineer is advising that the Project under C-24-012 is complete and conforms to the approved scope, and is also requesting that the Board approve the project’s close out, final acceptance, release of retainage, and final payment to Smith-Sondy Asphalt Construction Co., Inc., in the amount of three hundred ninety-seven thousand one hundred ten dollars and fifty cents ($397,110.50); and
WHEREAS, a majority of this project is being funded by a 2024 NJDOT County Aid Grant; and
WHEREAS, this matter was discussed at the September 30, 2026 meeting of the Public Works Committee and is being recommended to the Board for approval;.
NOW, THEREFORE, LET IT BE RESOLVED, that pursuant to N.J.S.A. 40A:11-16.3(b) et seq., the Board of County Commissioners of the County of Passaic hereby authorizes and approves project close out, final acceptance, release of retainage, and final payment to Smith-Sondy Asphalt Construction Co., Inc., in the amount of three hundred ninety-seven thousand one hundred ten dollars and fifty cents ($397,110.50) for the 2024 Road Resurfacing Project, 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 of the Board, County Counsel, Passaic County Engineer, and Director of the Board of County Commissioners are authorized to execute any documents and forms necessary, and take any other action necessary to carry out the purpose of this Resolution.
KJB October 13, 2026