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RESOLUTION AUTHORIZING ACCEPTANCE, FINAL PAYMENT AND PROJECT CLOSE OUT TO COLONNELLI BROTHERS, INC., FOR THE REPLACEMENT OF THE KINGSLAND ROAD BRIDGE NO. 1600-081 OVER THIRD RIVER IN THE CITY OF CLIFTON, PER BID C-20-015, PURSUANT TO N.J.S.A. 40A:11-16.3 (b) ET SEQ.
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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, pursuant to N.J.S.A. 40A:11-16.3 (b), et seq. the Board can authorize release and final payment upon acceptance of the work performed pursuant to the contract provided that the contract has been completed; and
WHEREAS, on August 3, 2020, the Purchasing Agent issued C-20-015, Replacement of Kingsland Road Bridge over the Third River, Structure No. 1600-081, in the City of Clifton (hereafter “C-20-015”) seeking sealed proposals from qualified bidders for the replacement of Kingsland Road Bridge (hereafter “Project”); and
WHEREAS, on September 8, 2020, the Board approved Resolution No. R20200717, authorizing an award of contract to Assuncao Brothers, Inc., of Edison, NJ, under C-20-015 in the total amount of one million eight hundred twenty-three thousand nine hundred ninety-seven dollars and sixty-nine cents ($1,823,997.69); and
WHEREAS, following Assuncao Brothers, Inc.’s default on the contract under C-20-015, on November 22, 2022 the Board approved Resolution No. R-22-1047, authorizing an award of contract to Colonnelli Brothers, Inc., to complete the Project in the amount of one million ninety thousand two hundred fifty-two dollars ($1,090,252.00); 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, in compliance with N.J.A.C. 5:30-11.3 on July 18, 2023, the Board passed Resolution No. R-23-0687, authorizing Change Order No. 1 for the Project to Colonnelli Brothers, Inc., for a net addition in the amount of one hundred six thousand four hundred fifty-three dollars and fifty-two cents ($106,453.52) and on February 13, 2024, the Board passed Resolution No. R-24-0133, authorizing Change Order No. 2 for the Project to Colonnelli Brothers, Inc., for a net deduction in the amount of two hundred eighteen thousand seven hundred two dollars and forty-one cents ($218,702.41), bringing the final contract amount to nine hundred seventy-eight thousand three dollars and eleven cents ($978,003.11); and
WHEREAS, the Passaic County Engineer is advising that the Project is complete and conforms to Passaic County construction plans, standard specifications, and other engineering standards, and is requesting that the Board approve project close out, final acceptance, release of retainage, and final payment to Colonnelli Brothers, Inc., in the amount of twenty-four thousand two hundred eleven dollars and ninety cents ($24,211.90); and
WHEREAS, the majority of this Project is funded by the NJDOT through the NJDOT Local Bridge Fund Grant; and
WHEREAS, this matter was discussed at the February 28, 2024, meeting of the Public Works Committee and is being recommended to the Board for approval; and
NOW, THEREFORE, LET IT BE RESOLVED, pursuant to N.J.S.A. 40A:11-16.3(b) et seq., by the Passaic County Board of County Commissioners hereby authorizes and approves project close out, final acceptance, release of retainage, and final payment to Colonnelli Brothers, Inc., in the amount of twenty-four thousand two hundred eleven dollars and ninety cents ($24,211.90) for the Replacement of Kingsland Road Bridge over the Third River, Structure No. 1600-081, in the City of Clifton, and the Director of Finance is hereby authorized to make payment to said company on the next bill list.
LET IT BE FURTHER RESOLVED, that the Clerk of the Board, County Counsel, County Engineer, and Director of Board of County Commissioners are authorized to execute any documents and forms necessary for reimbursement from NJDOT, and take any other action necessary to carry out the purpose of this Resolution.
KJB March 12, 2024