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RESOLUTION AUTHORIZING REVISION TO THE PASSAIC COUNTY PURCHASING MANUAL TO ADD A NEW SECTION IV TO ARTICLE D (CHANGE ORDERS AND CONTRACT MODIFICATIONS), PURSUANT TO N.J.S.A. 40:20-1.
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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, the Board has adopted a Purchasing Manual to establish policies and procedures governing the procurement of goods and services by the County; and
WHEREAS, the County Engineer has requested a revision to the Purchasing Manual to add a new Section IV to Article D (Change Orders and Contract Modifications), entitled “Change Orders for Construction, Reconstruction, and Major Repair Projects,” which would establish policies and procedures governing change orders for construction, reconstruction, and major repair projects in accordance with N.J.A.C. 5:30-11.4, N.J.A.C. 5:30-11.8, and N.J.S.A. 40A:11-6; and
WHEREAS, the proposed revisions are set forth in Exhibit A, attached hereto and made a 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 to the Board for approval.
NOW, THEREFORE, LET IT BE RESOLVED, by the Passaic County Board of County Commissioners, pursuant to N.J.S.A. 40:20-1, that the Board hereby authorizes and approves the revision to the Passaic County Purchasing Manual to add a new Section IV to Article D (Change Orders and Contract Modifications), entitled “Change Orders for Construction, Reconstruction, and Major Repair Projects,” as set forth in Exhibit A attached hereto.
LET IT BE FURTHER RESOLVED, that the Clerk to the Board, County Counsel, and the Director of the Board are authorized to take any other steps necessary to carry out the purpose of this Resolution.
KJB May 26, 2026
EXHIBIT A
Proposed New Section IV to Article D of the Passaic County Purchasing Manual
“Change Orders for Construction, Reconstruction, and Major Repair Projects”
In accordance with N.J.A.C. 5:30-11.8, change orders for construction, reconstruction, and major repair contracts shall be limited to the following types:
• Unforeseeable problems, which are defined as conditions or circumstances that could not be foreseen at the time the specifications were written and the contract awarded; provided that a substantial amount of the construction would be delayed, which would result in substantial increases in costs above the original contract awarded, or substantial inconvenience to the public if bidding were to be required; and
• Minor modifications to effect economies, improve service, or resolve minor problems with affected property owners.
Change orders for construction, reconstruction, and major repair contracts shall not be made for the following:
• Changes that materially expand upon the size, nature, or scope of the project as it was originally described in the bid specifications; or
• Extra work that could reasonably be effectuated by a separately bid contract without unduly disrupting the basic work or imposing adverse cost consequences.
In addition to complying with the general requirements and procedures set forth in this Article, all change orders for construction, reconstruction, and major repair projects shall also be subject to the following notice requirements:
• Within forty-eight (48) hours of determining that a change order is necessary, or as soon thereafter as reasonably practicable, the County Engineer shall notify the Public Works Committee of same in writing.
• This notice requirement may be satisfied either through the submission of a formal request for resolution pursuant to Section II of this Article, or through the submission of an informal written summary containing the pertinent facts and the amount of the proposed change order.
• All notices provided via informal written summary must be followed, as soon thereafter as reasonably practicable, by a formal request for resolution pursuant to Section II of this Article.
As permitted by N.J.A.C. 5:30-11.4, the County Engineer may authorize change orders for minor site modifications (e.g., additional fill stone needed, modifications of footings, and additional rock blasting) that do not affect the overall scope of work of the contract, and result in only a minor increase to the contract price (no more than the lesser of $50,000 and 5% of the total contract price). Subsequent approval by the County Engineer, change orders for minor site modifications authorized under this Section shall require authorization by the Board and will require notice to the Public Works Committee via informal written summary.
If an emergency affecting the public health, safety, or welfare of the County requires the immediate performance of construction, reconstruction, or major repair services pursuant to a change order on an existing contract, the County Engineer shall ensure that the necessary work is procured and performed in accordance with N.J.S.A. 40A:11-6 and the procedures set forth in Article B, Section XII herein.