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RESOLUTION AUTHORIZING CONTRACT MODIFICATION NO. 3 TO ETM ASSOCIATES, LLC, FOR DESIGN AND CONSULTING SERVICES FOR THE PECKMAN PRESERVE PARK IMPROVEMENTS PROJECT, PURSUANT TO N.J.A.C. 5:30-11.6.
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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 for the County of Passaic (hereafter “Board”) is vested with decision making powers on behalf of the County; and
WHEREAS, pursuant to N.J.S.A. 40A:11-5, et seq. the County issued RFQ-26-047, Preservation Architects Architectural Historians, Archeologists, Cultural Resource Management Consultants, Etc. for Calendar Year 2026 (hereafter “RFQ-26-047”) seeking qualifications for a pool of professional consultants for calendar year 2026, to be hired on an as-needed basis by the County; and
WHEREAS, on December 29, 2025, the Board passed Resolution No. 25-1284, qualifying a pool of preservation architects, architectural historians, archaeologists, and cultural resource management consultants for calendar year 2026, as recommended by the Passaic County Engineer, to be hired on an as-needed basis, which included ETM Associates, LLC; and
WHEREAS, pursuant to N.J.S.A. 19:44A-20.4, the County’s request for qualifications is a fair and open process, specifically, the qualification for the pool of preservation architects, architectural historians, archaeologists, and cultural resource management consultants for calendar year 2026 is publicly advertised, awarded under a process that provides for public solicitation of qualifications, established the basis of an award and disclosure process documented in writing prior to any solicitation, and is publicly opened and announced when awarded; and
WHEREAS, on December 27, 2022, the Board passed Resolution No. R-22-1247, authorizing an award of contract to ETM Associates, LLC, for a professional landscape architecture and engineering team to develop and oversee construction of improvements to the Peckman Preserve property, in an amount not to exceed one hundred thirty-eight thousand seven hundred forty dollars and twenty-five cents ($138,740.25); and
WHEREAS, on March 25, 2025, the Board passed Resolution No. R-25-286 authorizing Contract Modification No. 1 to ETM Associates, LLC, for professional environmental consulting services, in the increased amount of thirty three thousand two hundred fifty ($33,250.00), with a new total contract amount, as a result of the increase, in the amount of one hundred seventy one thousand nine hundred ninety dollars and twenty five cents ($171,990.25); and
WHEREAS, on September 9, 2025, the Board passed Resolution No. R-25-833 authorizing Contract Modification No. 2 to ETM Associates, LLC, for professional environmental consulting services, in the increased amount of one hundred thirty six thousand eight hundred ninety three dollars ($136,893.00), with a new total contract amount, as a result of the increase, in the amount of three hundred eight thousand eight hundred eighty three dollars and twenty five cents ($308,883.25); and
WHEREAS, pursuant to N.J.A.C. 5:30-11.6, the County can authorize contract modifications for professional services and extraordinary unspecifiable services, when the change is outside the original scope of activities of the original contract, provided that any change beyond the original scope of activities shall be made by amendatory contract approved by the governing body; and
WHEREAS, the Director of the Department of Cultural & Historic Affairs is recommending that the Board authorize Contract Modification No. 3 to ETM Associates, LLC, for professional environmental consulting services, in the increased amount of thirty four thousand five hundred fifty dollars ($34,550.00) with a new total contract amount, as a result of the increase, in the amount of three hundred forty three thousand four hundred thirty three dollars and twenty five cents ($343,433.25).
WHEREAS, funds are available in Account No. O-25-56-652-001-603 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 May 13, 2026 meeting of the Public Works Committee, and is being recommended for approval.
NOW, THEREFORE, LET IT BE RESOLVED, pursuant to N.J.A.C. 5:30-11.6, that the Board of County Commissioners of the County of Passaic hereby authorizes Contract Modification No. 3 to ETM Associates, LLC, for professional environmental consulting services, in the increased amount of thirty four thousand five hundred fifty dollars ($34,550.00), with a new total contract amount, as a result of the increase, in the amount of three hundred forty three thousand four hundred thirty three dollars and twenty five cents ($343,433.25), as recommended by the Director of the Department of Cultural & Historic Affairs.
LET IT BE FURTHER RESOLVED, the Clerk to the Board shall print, in the official newspaper, a brief notice stating the nature, duration, service, and amount of the contract to ETM Associates, LLC, and maintain a copy of the resolution on file and available for public inspection in the Office of the Clerk to the Board.
LET IT BE FURTHER RESOLVED, that the Clerk of the Board, County Counsel, and Director of the Board of County Commissioners are authorized to execute the contract and take any other steps necessary to carry out the purpose of this Resolution.
ZMQ May 26, 2026