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RESOLUTION AUTHORIZING CONTRACT MODIFICATION NO. 2 TO MKW & ASSOCIATES LLC., TO PROVIDE LANDSCAPE AND ARCHITECTURAL DESIGN SERVICES FOR THE DUNDEE ISLAND PARK PHASE II IMPROVEMENT 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 are 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-25-013, Engineers, Architects, Land Surveyors, Planners, Landscape Architects, Golf Course Architects/Designers, and Environmental and Safety/Engineering Consultants (hereafter “RFQ-25-013”) seeking qualifications for a pool of engineers, architects, land surveyors, planners, landscape architects, and environmental health and safety engineers for calendar year 2025, to be hired on an as-needed basis, to provide professional services to the County; and
WHEREAS, on January 21, 2025, the Board passed Resolution No. R-25-0058, qualifying a pool of engineers, architects, land surveyors, planners, landscape architects, and environmental health and safety engineers for calendar year 2025, as recommended by the Passaic County Engineer, to be hired on an as-needed basis, which included MKW & Associates, LLC; and
WHEREAS, on April 27, 2021, the Board passed Resolution R20210437, authorizing an award of contract to MKW & Associates LLC., for Professional Landscape Architectural Design Services for the Dundee Island Park Improvements Phase II Project (hereafter “Project”), in an amount not to exceed four hundred sixty-one thousand, one hundred ten dollars ($461,110.00); 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 within the scope of activities of the original contract, and not for the purpose of undertaking new or different work or projects; and
WHEREAS, on August 8, 2023, the Board passed Resolution No. R-23-0753, authorizing Contract Modification No. 1 to MKW & Associates, LLC, for the Project in the increased amount of forty-nine thousand, nine hundred eighty dollars ($49,980.00), with a new total award amount, as a result of the increase, in the amount of five hundred eleven thousand, ninety dollars ($511,090.00); and
WHEREAS, the County Engineer is recommending that the Board approve Contract Modification No. 2 to MKW & Associates, LLC, for the Project, in the increased amount of sixteen thousand nine hundred five dollars ($16,905.00) due to additional project meetings and an extended design phase as a result of unforeseen delays relating to permitted issues, with a new total award amount, as a result of the increase in the amount of five hundred twenty-seven thousand nine hundred ninety-five dollars ($527,995.00); and
WHEREAS, funds are available in Account No. C-04-55-166-002-920, 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 2025 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 June 4, 2025, meeting of the Public Works Committee and being recommended to the Board for approval; and
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. 2 for MKW & Associates, LLC., in the increased amount of sixteen thousand nine hundred five dollars ($16,905.00), with a new total award amount, as a result of the increase in the amount of five hundred twenty-seven thousand nine hundred ninety-five dollars ($527,995.00).
LET IT BE FURTHER RESOLVED, the Clerk of the Board shall print, in the official newspaper, a brief notice stating the nature, duration, service, and amount of the contract modification to MKW & Associates 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 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.
KJB June 17, 2025