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RESOLUTION AUTHORIZING AMENDED CHANGE ORDER NO. 1 TO CMS CONSTRUCTION, INC., FOR THE REPLACEMENT OF THE LOWER NOTCH ROAD CULVERT NO. 1600-214 OVER GREAT NOTCH BROOK IN THE BOROUGH OF WOODLAND PARK, PER BID C-25-003, 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 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:11-4, 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 February 12, 2025, the Purchasing Agent issued Replacement of Culvert No. 1600-214 Lower Notch Road over Great Notch Brook, Bid No. C-25-003 (hereafter “C-25-003”), seeking sealed proposals from qualified bidders for the full replacement of the existing steel multiple beam bridge with a precast reinforced concrete box culvert and other ancillary work in the Borough of Woodland Park; and
WHEREAS, on March 25, 2025, the Board passed Resolution No. R-25-0258, authorizing an award of contract to CMS Construction, Inc., the lowest responsible bidder under C-25-003, in an amount not to exceed eight hundred sixteen thousand seven hundred five dollars and forty cents ($816,705.40); 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 June 23, 2026, the Board passed Resolution No. R-26-0573, authorizing Change Order No. 1 for a net deduction to the contract under C-25-003 in the amount of one hundred fifty-one thousand eight hundred forty dollars and eighty-three cents, with a new total contract award, as a result of the decrease, in the amount of six hundred sixty-four thousand eight hundred sixty-four dollars and fifty-seven cents ($664,864.57); and
WHEREAS, the Passaic County Engineer is recommending that Amended Change Order No. 1 be authorized for a net deduction to the contract under C-25-003 in the amount of one hundred fifty-three thousand one hundred twenty-three dollars and eighty-three cents ($153,123.83) due to final field quantity adjustments to base contract pay items and the addition of supplemental items needed to complete this project, with a new total contract amount, as a result of the decrease, of six hundred sixty-three thousand five hundred eighty-one dollars and fifty-seven cents ($663,581.57), which amends and supersedes Change Order No. 1 as previously authorized by Resolution No. R-26-0573 dated June 23, 2026; and
WHEREAS, this project is being funded through the Fiscal Year 2024 County Aid Grant from the New Jersey Department of Transportation; and
WHEREAS, this matter was discussed at the September 9, 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., that the Passaic County Board of County Commissioners hereby authorizes Amended Change Order No. 1 to CMS Construction, Inc., for the Replacement of the Lower Notch Road Culvert No. 1600-214 over Great Notch Brook in the Borough of Woodland Park, for a net deduction of one hundred fifty-three thousand one hundred twenty-three dollars and eighty-three cents ($153,123.83), with a new total contract amount, as a result of the decrease, of six hundred sixty-three thousand five hundred eighty-one dollars and fifty-seven cents ($663,581.57); and
LET IT BE FURTHER RESOLVED, that this Amended Change Order is subject to concurring approval from the New Jersey Department of Transportation; and
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.; and
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 September 22, 2026