Township of Riverside, NJ Purchasing

The Township Committee, upon consideration and review of the procedures and recommendations, shall award the contract or purchase to the lowest bidder, pursuant to law, N.J.S.A. 40A:11-1 et seq.

§ 77-2 Findings.

The governing body makes the following findings:

The Township has proprietary and governmental interests in high standards, high qualifications, and a high level of safety for workers and the general public. Those interests are fostered and benefitted by requiring bidders who desire to bid on public works projects with an estimated cost of construction equal to or exceeding $250,000 to employ highly skilled workers.

Using formally trained trade and craft workers ensures a level of competence, productivity, and worker safety that contributes to the timely and cost-effective completion of public works projects.

A registered apprenticeship provides for a formal training arrangement that includes a paid-work component and an educational or instructional component, wherein an individual obtains workplace-relevant knowledge and skills.

Registered apprenticeship programs are a written plan designed to move an apprentice from a low- or no-skill entry-level position to full occupational proficiency. These programs must meet parameters established under the National Apprenticeship Act[1] that are designed to protect the welfare of the apprentice. The Act and its promulgating regulations are administered by the Department of Labor's Office of Apprenticeship and the New Jersey Department of Labor and Workforce Development.

[1]

Editor's Note: See 29 U.S.C. § 50 et seq.

The publication "Apprenticeship Training In New Jersey - Directory of Information and Resources," prepared by the State of New Jersey Department of Labor and Workforce Development Division of Business Services - Office of Workforce Initiatives, describes the benefits that apprenticeship programs provide to the public, including but not limited to:

(1)

Developing and maintaining a highly skilled workforce which has "learned how to learn" and which is well prepared to adapt to an ever-changing employment and economic environment that is the hallmark of today's global economy; and

(2)

Increased productivity from apprentices who are more versatile and better able to solve work-related problems than untrained workers.

The governing body may, in accordance with N.J.S.A. 40A:11-25, establish reasonable regulations appropriate for controlling the qualifications of prospective bidders upon contracts to be awarded on behalf of the contracting unit and may adopt a standard form of statement or questionnaire for bidders showing the bidder's financial ability and experience in performing public sector work to the satisfaction of the Township.

A highly skilled workforce ensures lower costs for repairs and maintenance over the lifetime of a completed public works project; ensures that trade and craft workers have been properly trained to adapt to an ever-changing employment and economic environment that is the hallmark of today's global economy; and allows the apprentices to be better trained which ultimately increases productivity and safety in the workplace.

N.J.S.A. 40A:11-13 provides that any specifications for the provision or performance of goods or services shall be drafted in a manner to encourage free, open, and competitive bidding and that no specifications may: "(a) Require any standard, restriction, condition or limitation not directly related to the purpose, function or activity for which the contract is awarded."

A requirement that a responsible bidder is one who participates in an apprenticeship program is consistent with N.J.S.A. 40A:11-13 in as much as the requirement is directly related to the cost, efficiency, skilled labor force, quality, safety, and timeliness of the Township's public works projects.

An apprenticeship program requirement as a condition of responsible bidder determination is consistent with N.J.S.A. 40A:11-6.1, which requires that public contracts be awarded not to the lowest bidder, but to the "lowest responsible bidder."

Requiring apprenticeship programs as an element of responsibility places all bidders on equal footing and does not unnecessarily limit the number of type of bidders on public contracts, as all contractors will have a fair and equal chance to bid on Township contracts.

Requiring apprenticeship programs as an element of responsibility supports State of New Jersey policy as set forth in N.J.S.A. 34:1A-37 and N.J.S.A. 52:38-1:

(1)

The State of New Jersey, as set forth in N.J.S.A. 34:1A-37 as an example, has recognized the inherent good in the encouragement and promotion of apprenticeship agreements and supports apprenticeship programs through programs of the State Department of Labor and Workforce Development;

(2)

The State of New Jersey, as set forth in N.J.S.A. 52:38-1, has determined that a highly skilled workforce ensures lower costs for repairs and maintenance over the lifetime of a completed project and such a requirement is directly related to the contract activity.

Apprenticeship programs that train highly skilled workers and improve efficiency in government projects further the purposes of the Local Public Contracts Law.[2]

[2]

Editor's Note: See N.J.S.A. 40A:11-1 et seq.

§ 77-3 Definitions.

Unless otherwise apparent from the context, the following words shall have the meanings set forth herein:

APPRENTICESHIP PROGRAM

A registered apprenticeship program providing to each trainee combined classroom and on-the-job training under the direct and close supervision of a highly skilled worker in an occupation recognized as an apprentice able trade, and registered by the Bureau of Apprenticeship and Training of the U.S. Department of Labor and meeting the standards established by the Bureau, or registered by a state apprenticeship agency recognized by the Bureau.

DIRECTOR

The Director of the Division of Local Government Services within the Department of Community Affairs.

LOWEST RESPONSIBLE BIDDER OR VENDOR

The bidder or vendor: a) whose response to a request for bids offers the lowest price and is responsive; and b) who is responsible.

PUBLIC WORKS PROJECT

Any construction, reconstruction, demolition, alteration, custom fabrication, or repair work or maintenance work, including painting and decorating, done under contract, and paid for in whole or in part out of the funds of a public body, except work performed under a rehabilitation program or work performed under a contract for road resurfacing.

RESPONSIBLE

Able to complete the contract in accordance with its requirements, including but not limited to requirements pertaining to experience, moral integrity, operating capacity, financial capacity, credit, and workforce, equipment, and facilities availability.

RESPONSIVE

Conforming in all material respects to the terms and conditions, specifications, legal requirements, and other provisions of the request.

§ 77-4 Registered apprenticeship program required for public works projects.

It is hereby established by the governing body that participation in a registered apprenticeship program shall be a necessary qualification for all contractors and subcontractors, including lower-tier subcontractors seeking to perform work on any public works project for which the Township estimates that the total cost of the project, exclusive of any land acquisition costs, will equal or exceed $250,000.

All bidders on public works projects for which the Township estimates that the total cost of the project, exclusive of any land acquisition costs, will equal or exceed $250,000 shall provide evidence that, at the time of the bid, the bidder and all of the bidder's subcontractors participate in registered apprenticeship programs for each of the trades of work contemplated under the awarded contract for which a registered apprenticeship program exists. Any bidder who fails to submit such evidence shall not be deemed a responsible bidder.

It shall be a term and condition of any and all contracts for a public works project for which the Township estimates that the total cost of the project, exclusive of any land acquisition costs, will equal or exceed $250,000 that all lower-tier subcontractors (e.g., sub-subcontractors and below) must provide evidence of participation in registered apprenticeship programs for each of the trades of work contemplated under the awarded contract prior to execution of any subcontract governing work on the public works project and prior to performing any work on said public works project.

§ 77-5 Requirements to be incorporated into bid documents and contracts.

The requirements of this article shall be incorporated into the Township's bid specifications and contracts for public works projects for which the Township estimates that the total cost of the project, exclusive of any land acquisition costs, will equal or exceed $250,000. Any violation of this article may constitute a breach of such contract.

§ 77-6 Repealer.

All ordinances or parts of ordinances inconsistent herewith are repealed as to such inconsistencies.

§ 77-7 Severability.

If any section, subsection, sentence, clause, phrase, or portion of this article is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions thereof.

§ 77-8 Director approval required.

Upon adoption, a certified copy of this article shall be submitted to the Director of the Division of Local Government Services for approval, together with such other documents as shall be required by the Director, in accordance with the requirements of Local Finance Notice or such successor directive issued by the Division of Local Government Services prior to adoption of this article. For guidance purposes, Local Finance Notice 2016-12 requires the submission of the following documents in addition to this article:

Copies of the two newspaper legal advertisements, and any other advertisements, for the public hearing;

Certified and sealed copy of the governing body's resolution adopting the regulations;

A true, certified, and sealed copy of the transcript of the public hearing held pursuant to N.J.S.A. 40A:11-25. The transcript shall be certified by the governing body's clerk or secretary; and

A completed, certified and sealed standard certification form. Please note that the certification form has been updated to require additional information and shall be utilized in lieu of the prior form.

§ 77-9 When effective; sunset provision.

Pursuant to N.J.S.A. 40:41A-101, all ordinances take effect 20 days after final passage by the Township Committee of the Township of Riverside and approval by the Mayor.

Notwithstanding the foregoing, in accordance with N.J.S.A. 40:11-25, this article shall not take effect unless and until this article and required accompanying documentation have been submitted to the Director for approval in accordance with § 77-8 of this article, and either 1) the Director grants such approval in writing or 2) the Director fails to approve or disapprove this article within 30 days of its receipt by the Director.

In the event the Director approves this article only for a limited duration, this article shall cease to be effective and shall no longer constitute a requirement for bidding for or performing work under a contract advertised subsequent to the expiration of such approval.