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RESOLUTION AUTHORIZING CHANGE FINAL ORDER NO. 1 FOR ON-LINE CONTRACTING, INC., FOR ON CALL DRAINAGE REPAIRS AT 399 MACOPIN ROAD IN THE TOWNSHIP OF WEST MILFORD, PER BID C-24-001, 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 [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 October 23, 2023, the Purchasing Agent issued C-24-001, On Call Drainage Projects, (hereafter “C-24-001”) seeking sealed proposals from qualified bidders for on-call drainage projects, to be used on an as-needed basis for a two-year period beginning January 1, 2024 through December 31, 2025; and
WHEREAS, on October 28, 2026, the Board passed Resolution No. R-25-1032 authorizing an award of contract to On-Line Contracting, Inc., the lowest responsible bidder under C-24-001, in an amount not to exceed one hundred sixty-five thousand one hundred twenty-two dollars ($165,122.00); 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 a Final Change Order No. 1 be authorized for a net addition in the amount of sixty one thousand one hundred ninety two dollars and forty cents ($61,192.40) to address unforeseen site conditions that were discovered after the start of construction, with a new total contract award, as a result of the increase, in the amount of two hundred twenty six thousand three hundred fourteen dollars and forty dollars ($226,314.40); and
WHEREAS, this proposed Final Change Order No. 1 will result in the net sum of change orders for this project to be in excess of the 20% limit for change orders which is permitted pursuant to N.J.A.C. 5:30-11.3 et seq.; and
WHEREAS, pursuant to N.J.A.C. 5:30-11.9 change orders in excess of 20% are permitted as long as the following is present:
1) a written certification by the contractor containing the following:
i) an explanation of the factual circumstances which necessitate issuance of the change order;
ii) a statement indicating why these circumstances could not have been foreseen;
iii) a statement indicating why issuance of the change order would be in the best interests of the County and would not constitute an abuse of these rules;
iv) if the nature of the change order is technical, the certification shall include a certified statement from contractor’s appropriate expert, explaining in detail the factual circumstances which necessitate the issuance of the change order;
2) a request from the chief executive officer, in this case the County Administrator, or his designee, to the governing body requesting the change order and explaining why this change order may be allowed pursuant to this provision
WHEREAS, the On-Line Contracting, Inc. submitted a letter to the County Administrator dated July 17, 2026 requesting the adoption of Change Order No. 8, copies of which are attached hereto and made a part hereof; and
WHEREAS, the Passaic County Administrator has filed a letter with the Board dated June 29, 2026 requesting that the Board review this matter and consider adopting this Change Order a copy of which is attached hereto and made a part hereof; and
WHEREAS, funds are available in Account No. C-04-55-194-003-901, 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 July 29, 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 authorize Change Order No. 1 for the contract with On-Line Contracting, Inc., under C-24-001, in the increased amount of sixty one thousand one hundred ninety two dollars and forty cents ($61,192.40), with a new total contract award, as a result of the increase, in the amount of two hundred twenty six thousand three hundred fourteen dollars and forty dollars ($226,314.40).
LET IT BE FURTHER RESOLVED, that in accordance with N.J.A.C. 5:30-11.9, the Board of County Commissioners of the County of Passaic authorizes a written amendatory contract covering the changes to the project described herein.
LET IT BE FURTHER RESOLVED, the Clerk to the Board shall publish on the Public Notices page of the County’s website, a brief notice stating the additional amount to be expended, the original contract price, the nature of the original and additional work authorized by the within resolution and why it is necessary to expend the additional funds and maintain a copy of the resolution on file and available for public inspection in the Office of the Clerk of the Board.
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 Board of County Commissioners are authorized to take any other action necessary to carry out the purpose of this Resolution.
ZMQ August 11, 2026