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RESOLUTION AUTHORIZING FINAL CHANGE ORDER NO. 6 TO SMITH SONDY ASPHALT CONSTRUCTION COMPANY, INC., FOR THE 2024 PASSAIC COUNTY ROAD RESURFACING PROJECT, PER BID C-24-012, PURSUANT TO N.J.A.C. 5:30-11.10, ET SEQ.
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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 of 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:11-4, 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 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. 5:30-11.10, the County is permitted to increase the award amount under contracts competitively bid pursuant to N.J.S.A. 40A:11-4, where such contracts are deemed open-end contracts, as is the case here; and
WHEREAS, on November 18, 2024, the Board passed Resolution No. R-24-1045, authorizing Change Order No. 1 for the project, in the increased amount of two hundred twenty-three thousand four hundred forty-seven dollars ($223,447,00), with a new total award amount, as a result of the increase, in the amount of four million eight hundred thirty-two thousand eight hundred nine dollars and sixty-eight cents ($4,832,809.68); and
WHEREAS, on February 11, 2025, the Board passed Resolution No. R-25-0110, authorizing Change Order No. 2 for the project, in the increased amount of one hundred eight thousand two hundred eighty dollars ($108,280.00), with a new total award amount, as a result of the increase, in the amount of four million nine hundred forty one thousand eighty nine dollars and sixty eight cents ($4,941,089.68); and
WHEREAS, on June 17, 2025, the Board passed Resolution No. R-25-0573, authorizing Change Order No. 3 for the project, in the increased amount of two hundred seventy-four thousand nine hundred one dollars and twenty-three cents ($274,901.23), with a new total award amount, as a result of the increase, in the amount of five million two hundred fifteen thousand nine hundred ninety dollars and ninety one cents ($5,215,990.91); and
WHEREAS, on September 30, 2025, the Board passed Resolution No. R-25-0905, authorizing Change Order No. 4 for the project, in the increased amount of one hundred eight thousand two hundred eighty dollars ($108,280.00), with a new contract award, as a result of the increase, of five million three hundred twenty-four thousand, two hundred seventy dollars and ninety-one cents ($5,324,270.91); and
WHEREAS, on December 9, 2025, the Board passed Resolution No. R-25-1194, authorizing Change Order No. 5 for the project, in the increased amount of two hundred five thousand three hundred forty-one dollars and sixty-six cents ($205,341.66) with a new contract award, as a result of the increase, of five million five hundred twenty-nine thousand six hundred twelve dollars and fifty-seven cents ($5,529,612.57); and
WHEREAS, the Passaic County Engineer is recommending that Change Order No. 6 be authorized for a net addition to the contract for the Project in the amount of one hundred twenty-three thousand nine hundred sixty-two dollars and seventy-three cents ($123,962.73), with a new contract award, as a result of the increase, of five million six hundred fifty three thousand five hundred seventy five dollars and thirty cents ($5,653,575.30); and
WHEREAS, this proposed Change Order No. 6 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; and
WHEREAS, the Smith Sondy Asphalt Construction Company submitted a letter to the County Administrator dated July 15, 2026, requesting the adoption of Change Order No. 6, 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 July 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, this proposed change order will bring the contract above the 20% threshold generally not permitted but is being considered because it would be impractical to award a new contract for this additional work; and
WHEREAS, this majority of this project is being funded by a 2024 New Jersey Department of Transportation County Aid Grant; 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 approves Change Order No. 6 for the contract with Smith Sondy Asphalt Company, Inc. under C-24-012, for a net addition in the amount of one hundred twenty-three thousand nine hundred sixty-two dollars and seventy-three cents ($123,962.73), with a new contract award, as a result of the increase, of five million six hundred fifty-three thousand five hundred seventy-five dollars and thirty cents ($5,653,575.30).
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. 5:30-11.10, 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.
ZMQ August 11, 2026