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RESOLUTION AUTHORIZING CHANGE ORDER NO. 2 TO COLONNELLI BROTHERS, INC. FOR THE HIGHLANDS RAIL TRAIL PHASE I PROJECT IN THE BOROUGH OF WANAQUE, PER BID C-23-009, 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 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:11-4, 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, 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 June 22, 2023, the Purchasing Agent issued Re-Bid Highlands Rail Trail - Phase 1, C-23-009 (hereafter “C-23-009”) seeking sealed proposals from qualified bidders for the Project; and
WHEREAS, on February 13, 2024, the Board passed Resolution R-24-131, awarding a contract to Colonnelli Brothers, Inc., for the Project in an amount not to exceed three million four hundred thousand dollars ($3,400,000.00); 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, on January 21, 2025, the Board passed Resolution No. R-25-71, authorizing a no cost change order due to scheduling issues with a subcontractor; and
WHEREAS, the Passaic County Engineer is recommending that Change Order No. 2 be authorized for a net addition to the contract for the Project in the amount of two hundred forty three thousand three hundred fifty eight dollars and fifty cents ($243,358.50), due to changes in the bridge foundation as dictated by the North Jersey District Water Supply which resulted in increased construction costs, with a new contract award, as a result of the increase, of three million six hundred forty three thousand three hundred fifty eight dollars and seven cents ($3,643,358.07); and
WHEREAS, the majority of the project is funded by the Federal Transportation Alternatives Program administrated by the State of New Jersey, Department of Transportation; and
WHEREAS, the funds are available in Account No. 0-25-56-660-001-602 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 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. 2 for the contract with Colonnelli Brothers, Inc. under C-23-009, for a net addition in the amount of two hundred forty three thousand three hundred fifty eight dollars and fifty cents ($243,358.50), with a new contract award, as a result of the increase, of three million six hundred forty three thousand three hundred fifty eight dollars and seven cents ($3,643,358.07).
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 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 June 17, 2025