[HISTORY: Adopted by the Bloomfield Council as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-6-2014 by Ord. No. 14-44]
Financial responsibility is an important factor in determining the lowest responsible bidder, and the Township of Bloomfield shall require an entity that bids on a public construction contract produce satisfactory evidence that the business entity is properly registered and authorized to conduct the type of work to be performed, including evidence that demonstrates that the entity possesses or complies with all valid licenses, registrations or certificates required by federal, state, or county law, as well as complying with the general business license of the Township of Bloomfield prior to the award and during the term of the contract.
Additionally, the contracting authority, in order to make its determination as to whether the bidding entity is responsible, shall confirm and substantiate that the contract awardee can reasonably be expected to complete and perform under the contract specifications, and the contracting authority may require the successful bidder to post a bid, performance, wage/fringe benefit and/or material bond(s). The contracting authority shall also determine if the successful bidder can reasonably be expected to complete the project within the time constraints as delineated in the request for bids and/or proposals. The Township of Bloomfield shall also determine if the bidding entity maintains a satisfactory level of past performance and integrity as well as possesses the financial, supervisory, personnel, materials, equipment, and other resources and expertise to satisfactorily meet its contractual responsibilities and obligations. The Township shall also determine as a condition of being deemed "responsible" that the successful bidder has not been debarred by any federal, state, county or local agency or authority within the past three years or has been convicted of any crime related to the construction to the construction business.
Social "responsible" such factors as bidder's record of conformity with environmental, labor, and health and safety laws, including compliance with the requirements of the United States Department of Labor's Occupational Safety and Health Administration. The bidder and its subcontractors must participate in an apprentice program, registered and approved by the United States Department of Labor, for each separate trade or classification for which it employs craft employees, unless the contractor or subcontractor certifies that every worker shall be paid not less than the journeyworker's rate established for the apprenticeable trade performed pursuant to P.L. 1963, c.150 (N.J.S.A. 34:11-56.25 et seq.). All bidders and subcontractors must continue to participate in such apprenticeship programs for the duration of the project. In additional, the bidder and any and all of its subcontractors will be required to show that such apprenticeship programs provide each trainee with combined classroom and on-the-job training under the direct and close supervision of a highly skilled worker in an occupation recognized as an apprenticeable trade and meets the program's performance standards of enrollment and graduation under 29 CFR Part 29, Section 29.6. Furthermore, the bidder shall be required to demonstrate and affirm that it is in compliance with the provisions of N.J.S.A 34:20-1 et seq., "Construction Industry Independent Contractor Act."
All bidding entities must provide satisfactory evidence that it provides a benefit configuration being no less than required under N.J.S.A. 34:11-56.25 et seq., "New Jersey Prevailing Wage Act," is minimally required to demonstrate that a bidding entity is "responsible." Furthermore, the bidder shall affirm that it has made a good-faith effort to provide 25% of all project work hours to residents of the Township of Bloomfield. For the purposes of this section, good-faith effort shall constitute a minimum of at least two community job fairs related to the construction of this project and adherence to the aforementioned provisions of being considered a "responsible bidder." Should it be established, after awarding of a contract, that any of the information required by this ordinance and provided by the bidding entity to the Township of Bloomfield was falsified or inaccurate, the contract shall be voided.
If any provision of the ordinance shall be held to be invalid or unenforceable by a court of competent jurisdiction, any holding shall not invalidate any other provisions of this ordinance, and all remaining provisions shall remain in full force and effect.
The following definitions shall govern this ordinance:
- PUBLIC CONSTRUCTION CONTRACT
- Shall mean any public construction project for the construction, reconstruction, demolition or renovation of publically owned buildings performed by or at the direction of the Township of Bloomfield at the public expense for a cost of $5,000,000 or more, which it is required by law that the "New Jersey Prevailing Wage Act," P.L. 1963, c. 150 (N.J.S.A. 34:11-56.25 et seq.).