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No. 05-269
Date of Adoption Al1gl1"t 7'), 2005
AWARDING CONTRACT FOR THE 2005-2007 ANNUAL SEWER
EMERGENCY SERVICE CONTRACT
WHEREAS, the Borough of Carteret ("Borough") authorized the preparation of bid
specifications and contract documents and advertisement for receipt of bids for the
2005-2007 Annual Sewer Emergency Service Contract; and
WHEREAS, B & W Construction submitted the lowest bid for said work as evidence
by the response on file with the Borough's Purchasing Department; and
WHEREAS, the Borough Engineer has reviewed the above referenced bid proposa1
and has recommended an award of a contract for said work to B & W Construction;
and
WHEREAS, the Borough's Chief Financial Officer has certified that funds are or wil1
be avai1ab1e for the award of a contract for said work.
NOW THEREFORE BE IT RESOLVED by the Mayor and Council of the
Borough of Carteret, County of Middlesex and State of New Jersey as fol1ows:
I. That the Borough hereby awards the bid for the 2005-2007 Annua1 Sewer
Emergency Service Contract to B & W Construction in the amount not to .
exceed $255,425.00 for the first year and $268,280.25 for the second year.
2. That the appropriate Borough Officia1s are hereby authorized and directed
to enter into a contract with B & W Construction in accordance in al1
respects with the request for proposals and bid on the same.
3. That a copy of this Res01ution shal1 be forwarded to the Borough's
Purchasing Department and B & W Construction.
Adopted this 25th day of August, 2005
and certified as a true copy of the of the
original on August 26th, 2005.
KATHLEEN M. BARNEY, RMC/CMC
Municipa1 C1erk
COUNCILMAN
RECORD OF COUNCIL VOTE
YES NO NV A.B. COUNCILMAN
BELLINO X
_ __-DI.AZ
KRUM X
X
YES NO NV A.B.
X
x - Indicate Vote AB . Absent
NV . Not Voting
XOR· Indicates Vote to Overrule Veto
Adopted at a meeting of the Municipal Council
CLERK
12/20/2005 10:28 FAX 732 541 8925
BORO OF CARTERET CLERK
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MIODLESEX COUNTY
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OFFICE 0 f
!\.A1'HL.EEN iI1. BARNEY, \!.."'!CIC~fC
MUN1CI1è,'-!. CtE\!.h:
Date:
12-20-05
TO: Patrick DeBlasio,
Treasure.r
Borough of Carteret
REQUEST FOR CERTIFICATION OF AVAILABLE FUNDS:
For: AWARDING CONTRACT FOR THE 2005-2007 ANNUAL SEWEI
EMERGENCY SERVICE CONTRACT.
¡'¡B¡n~ of Account: RES. #05-269
AMOUNT NOT TO EXCEED 1st yea!
AMOUNT TO BE ENCUMBERED ~ ?n,1 )'ØQ>
AT AN HOURLY RATE ACCORDING TO RATE SCHEDULE.
~;1(,..j~~
KATHLEEN M. ]ARNEY,
Municipal Clerk
------~--~------~-----~--------------------~------~-~~-----,
CERTIFICATION OF. AVAILABILITY OF FUNDS
I, Treasurgr of the Bo.ough of Ca.teret, do h~r~by ·certify "It
there are sufficient funds available in the current budget
enable the Municipal Council to authorize the entering into
Contract between the Borougl\ af Cnrteret"and:
/J.j k>
Th~ funds available ·ior this contract ye in the Budget. in I,e
account of: ('_0<1_ o;:-{1>I-Á~t 16'Î:5<.{~,D'i'
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C-o'I-<>/~/b)-;O:¡'í ;J.5t;/.'N· ¿J.>'I_ 0'1-/7'>_)01 '/;] ]:;-1.'-17
, .'
in the amount of:
;;2.. :5:5 , t( ~'S ,9="
By this certification_ I have hereby encumbered the above n. I,d
account for the "mount of the contract pending Council acti,
pnt~~~~SiO'
TI;."è,e.surer
DATE:
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:;255,4)5 00
.:;268, ::181 .75
L~
CONTRACT
BOROUGH OF CARTERET
MIDDLESEX COUNTY, NEW JERSEY
ANNUAL SEWER SYSTEM EMERGENCY SERl.:ICE CONTRACT
Resolution No.: 05-218 (tJó-76 1)
THIS AGREEMENT made, as of the latest date of execution by either of the
parties, as noted with their respective signatures, BETWEEN the Borough of
Carteret, herereinafter cal1ed the OWNER, and B & W Construction, hereinafter
called the CONTRACTOR.
WITNESSETH: That the OWNER and the CONTRACTOR, for the consideration
hereinafter specified, agree as follows:
ARTICLE ONE: SCOPE OF WORK: CONTRACTOR covenants and agrees to
provide al1 necessary machinery, tools and equipment and to furnish and deliver al1
materials, and to do and perfonn in a good and workmanlike manner al1 the work
and labor required to be furnished and delivered, done and perfonned in confonnity
with the Contract Documents Annual Sewer System Emergency Service Contract
hereto annexed, which said Contract Documents to include the Notice to Bidders,
Proposal Infonnation for Bidders, General Conditions, Special Provisions and
Specifications (Contract No. 05-5) and Contractor's Proposal on the same annexed
thereto are hereby made a part of this agreement as ful1y and with the same effect
as if the same had been set forth in the body of this agreement.
ARTICLE TWO: TIME OF DELIVERY AND PERFORMANCE: Said delivery
or perfonnance shal1 be in accordance with the provisions of the Contract
Documents annexed hereto, and if no time is set forth therein, as directed by the
OWNER.
ARTICLE THREE: PAYMENT: OWNER agrees to pay CONTRACTOR for said
work and materials, when completed or delivered, as the case may be, in
accordance with the said Contract Documents and within the time stated, for the
actual quantity of authorized work done lUlder each item scheduled in the Proposal
at the respective unit price bid therefore by the CONTRACTOR, which payment
according to the estimated quantities wil1 not exceed $255,425.00 for the first year
starting August 1, 2005 through July 31, 2006, with the Borough reserving the
option to extend this Contract for an additional year trom August 1, 2006 to July
!B-1
Rev. 5/9/05
31, 2007 under the same terms and conditions provided for herein at total cost not
to exceed $268,280.25. Payments to be made in accordance with the OWNER's
usual requirements for submission of invoices and vouchers and approval by
authorized official(s). It is further agreed that the OWNER reserves the right to
reduce or increase any or all of the quantity of each item at the unit price bid.
Acceptance of the final payment by the CONTRACTOR shall be understood to be
a release in full of all claims against the OWNER arising out of or by reason of the
work done anà the materials furnished under this Cûntract.
ARTICLE FOUR: INDEMNIFICATION: The CONTRACTOR will make all
payments of proper charges for said work required in accordance with said Contract
Documents and will indemnifY and save harmless the OWNER, the Engineer and
their officers, agents, or servants, and each and every one of them, against and from
all suits and costs of every name and description, including royalties, fees or claims
for the use of patented methods, of patented rights, or copyrights and from all
damages to which the OWNER, the Engineer or any of their officers, servants or
agents may be put by reason of injury to person or property of others, resulting
from carelessness in the performance of said work or through the negligence of the
CONTRACTOR or through any act or omission on the part of the
CONTRACTOR, its agents or agent.
ARTICLE FIVE: ASSIGNMENT OR SUBLETTING: CONTRACTOR
covenants and agrees not to assign or sublet the work specified or covered under
the terms of this agreement without the prior approval in writing of the OWNER.
ARTICLE SIX: DISCRIMINATION: It is agreed that the provisions contained in
R.S. 10:2-1 et seq. prohibiting discrimination and providing for the imposition of
penalties against the CONTRACTOR for such discrimination and the right of
cancellation and incidental remedies in favor of the OWNER in the event of such
discrimination shall become a part of this Contract as if fully set forth herein.
ARTICLE SEVEN: AFFIRMATIVE ACTION REQUIRED: In accordance with
Section 3.4(b) of the Affirmative Action Regulations adopted pursuant to P.L.
1975, Chapter 127, the following is made a part of this Contract:
!B-2
Rev, 5/9/05
MANDATORY AFFIRMATIVE ACTION REQUIREMENTS
FOR
PUBLIC WORKS CONTRACTS AND CONSTRUCTION CONTRACTS
(NJ.A.C. 17:27-1 et seq.)
EQUAL OPPORTUNITY AND AFFIRMATIVE ACTION REQUIREMENTS
During the perfoTInance of this cûntract, the cûntractor agrees as fo11ov/s:
a. The contractor or subcontractor, where applicable, will not discriminate against
any employee or applicant for employment because of age, race, creed, color,
national origin, ancestry, marital status, sex, affectional or sexual orientation. The
contractor will take affirmative action to ensure that such applicants are recruited
and employed, and that employees are treated during employment, without regard
to their age, race, creed, color, national origin, ancestry, marital status, sex,
affectional or sexual orientation. Such action shall include, but not be limited to
the following: employment, upgrading, demotion, or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. The
contractor agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided by the Public Agency
Compliance Officer setting forth provisions ofthis nondiscrimination clause;
b, The contractor or subcontractor, where applicable, wil1, in all solicitations or
advertisements for employees placed by or on behalf of the contractor, state that
all qualified applicants will receive consideration for employment without regard
to age, race, creed, color, national origin, ancestry, marital status, sex, affectional
or sexual orientation;
c. The contractor or subcontractor, where applicable, will send to each labor union
or representative of workers with which it has a collective bargaining agreement
or other contract or understanding, a notice, to be provided by the agency
contracting officer advising the labor union or workers' representative of the
contractor's commitments under this act and shall post copies of the notice on
conspicuous places available to employees and applicants for employment;
d. The contractor or subcontractor, where applicable, agrees to comply with
regulations promulgated by the Treasurer pursuant to P.L. 1975, c. 127, as
amended and supplemented ITom time to time.
!B-3
Rev, 5/9/05
MINORITY AND FEMALE EMPLOYMENT GOAL OBLIGA nONS
e. When hiring workers in each construction trade, the contractor or subcontractor
agrees to attempt in good faith to employ minority and female workers in each
construction trade consistent with the applicable employment goal prescribed by
N.J.A.C. 17:27-7.3; provided, however, that the affirmative action office may, in
its discretion, exempt a contractor or subcontractor ITom compliance with the
good faith pïûcedüres prescribed by (A), (B) an.d (C) belov·,r, as long as the
Affirmative Action Office is satisfied that the contractor is employing workers
provided by a union which provides evidence, in accordance with standards
prescribed by the affirmative action office, that its percentage of active "card
carrying" members who are minority and female workers is equal to or greater
than the applicable employment goal prescribed by N.J.A.C. 17:27-7.3,
promulgated by the Treasurer pursuant to P.L. 1975, c.127, as amended and
supplemented ITOm time to time. The contractor or subcontractor agrees that a
good faith effort shall include compliance with the following procedures:
(A) If the contractor or subcontractor has a referral agreement or arrangement
with a union for a construction trade, the contractor or subcontractor shall,
within three days of the contract award, seek assurances from the union
that it will cooperate with the contractor or subcontractor as it fulfills its
affirmative action obligations under this contract and in accordance with
the rules promulgated by the Treasurer pursuant to P.L. 1975, c.127, as
supplemented and amended ITom time to time. If the contractor or
subcontractor is unable to obtain said assurances from the construction
trade union at least five days prior to the commencement of construction
work, the contractor or subcontractor agrees to attempt to hire minority
and female workers directly, consistent with the applicable employment
goal. If the contractor's or subcontractor's prior experience with a
construction trade union, regardless of whether the union has provided
said assurance, indicates a significant possibility that the trade union will
not refer sufficient minority and female workers consistent with the
applicable employment goal, the contractor or subcontractor agrees to be
prepared to hire minority and female workers directly, consistent with the
applicable employment goal, by complying with the hiring procedures
prescribed under (B) below; and the contractor or subcontractor further
agrees to take said action immediately if it determines or is so notified by
the affirmative action office that the union is not referring minority and
female workers consistent with the applicable employment goal.
IB-4
Rev, 5/9/05
(B) If the hiring of a workforce consistent with the employment goal has not
or cannot be achieved for each construction trade by adhering to the
procedures of (A) above, or if the contractor does not have a referral
agreement or arrangement with union for a construction trade, the
contractor or subcontractor agrees to take the following actions consistent
with the applicable county employment goals:
(1\
1)
(2)
(3)
(4)
(5)
'T'~ n.....i-~.ç.' thðo Dnhl;", A 0-'::>"£',(' Cnn1nli~nÍ'p Offi.eer, .A.ff1.rm~_t.iv. e
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Action Office, and at least one approved minority referral
organization of its manpower needs, and request referral of
minority and female workers;
To notifY any minority and female workers who have been listed
with it as awaiting available vacancies.
Prior to commencement of work, to request the local construction
trade union, if the contractor or subcontractor has a referral
agreement or arrangement with a union for the construction trade,
to refer minority and female workers to fill job openings;
To leave standing requests for additional referral to minority and
female workers with the local construction trade union, if the
contractor or subcontractor has a referral agreement or
arrangement with a union for the construction trade, the State
training and employment service and other approved referral
sources in the area until such time as the workforce is consistent
with employment goal.
If it is necessary to layoff some of the workers in a given trade on
the construction site, to assure, consistent with the applicable State
and Federal statutes and court decisions, that sufficient minority
and female employees remain on the site consistent with the
employment goal; and to employ any minority and female workers
so laid off by the contractor or any other construction site in the
area on which its workforce composition is not consistent with an
employment goal established pursuant to rules implementing P.L.
1975, c.127;
(6)
To adhere to the following procedure when minority and female
workers apply or are referred to the contractor or subcontractor:
IB-5
Rev. 5/9/05
(i) If said individuals have never previously received any
documents or certification signifying a level of
qualification lower than that required, the contractor or
subcontractor shall determine the qualifications of such
individuals and if the contractor's or subcontractor's
workforce in each construction trade is not consistent with
the applicable employment goal, it shall employ such
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pt;r::-iUl1;:j WUl\"ll ~au".1Y applVp.lJ.UL\.. 'iuu.,U.J.J.Vu.uvu .,..o..u.n...o..u........'
provided however, that a contractor or subcontractor shall
determine that the individual at least possesses the skills
and experience recognized by any worker skills and
experience classification determination which may have
been made by a Public Agency Compliance Officer, union,
apprentice program or a referral agency, provided the
referral agency is acceptable to the Affirmative Action
Office and provided further, that, if necessary, the
contractor or subcontractor shall hire minority and female
workers who qualify as trainers pursuant to these rules. All
of these requirements, however, are limited by the
provisions of (C) below.
(ii)
If the contractor or subcontractor's workforce is consistent
with the applicable employment goal, the name of said
female or minority group individual shall be maintained on
a waiting list for the first consideration, in the event the
contractor's or subcontractor's workforce is no longer
consistent with the applicable employment goal.
(iii)
If for any reason, said contractor or subcontractor
determines that a minority individual or a female is not
qualified or if the individual qualifies as an advanced
trainee or apprentice, the contractor or subcontractor shall
inform the individual in writing with the reasons for the
determination, maintain a copy in its files, and send a copy
to the Public Agency Compliance Officer and to the
Affirmative Action Office.
(7) To keep a complete and accurate record of all requests made for
the referral of workers in any trade covered by the contract, on
forms made available by the affirmative action office and
submitted promptly to that office upon request.
IB-6
Rev. 5/9/05
(C) The contractor or subcontractor agrees that nothing contained in preceding
provision (8) shall preclude the contractor or subcontractor from
complying with the hiring hall or apprenticeship provisions in any
applicable collective bargaining agreement or hiring hall arrangement,
and, where required by custom or agreement, it shall send journeymen and
trainees to the union for referral, or to the apprenticeship; provided,
however, that where the practices of a union or apprenticeship program
wiÌÌ r~sult in the exc1üsiûl1 ûf minûrities âJ.ld females or the failure to refer
minorities and female consistent with the county employment goal, the
contractor or subcontractor shall consider for employment persons referred
pursuant to said provision (8) without regard to such agreement or
arrangement; provided further, however, that the contractor or
subcontractor shall not be required to employ female and minority
advanced trainees and trainees in numbers which resulted in the
employment of advanced trainees and trainees as a percentage of the total
workforce for the construction trade, which percentage significantly
exceeds the apprenticeship to journey worker ratio specified in the
applicable collective bargaining agreement, or in the absence of a
collective bargaining agreement, exceeds the ratio established by practice
in the area for said construction trade. Also, the contractor or
subcontractor agrees that in, implementing the procedures of b. above, it
shall, where applicable, employ minority and female workers residing
within the geographical jurisdiction of the union.
(D) The contractor agrees to complete an Initial Project Manning Report on
forms provided by the Affirmative Action Office or in the form prescribed
by the Affirmative Action Office and submit a copy of said form no later
than three days after signing a construction contract; provided, however,
that the Public Agency may extend in a particular case the allowable time
for submitting the form to no more than 14 days; and to submit a copy of
the Monthly Project Manning Report once a month (by the seventh
workday of each month) thereafter for the duration of this contract to the
Affirmative Action Office and to the Public Agency Compliance Officer.
The contractor agrees to cooperate with the Public Agency in the payment
of budgeted funds, as is necessary, for on-the-job and off-the-job programs
for outreach and training of minority and female trainees employed on the
construction projects,
!B-7
Rev. 5/9/05
(E) The contractor and its subcontractors shall furnish such reports or other
documents to the Affirmative Action Office as may be requested by the
Office from time to time in order to carry out the purposes of these
regulations, and public agencies shall furnish such information as may be
requested by the Affirmative Action Office for conducting a compliance
investigation pursuant to Subchavter 10 of the Administrative Code
(NJAC 17:27).
NOTE THE FOLLOWING WITH REGARD TO EXEMPTIONS AND
FEDERALLY APPROVED OR SANCTIONED AFFIRMATIVE ACTION
PROGRAMS
f. A public works contract for a subcontractor with a total work force of four or
fewer employees or for a contractor or subcontractor performing under an existing
Federally approved or sanctioned affirmative action program shall contain as
mandatory language required by P.L. 1975, c.127, all of the language of a.
through c. above, and said contract shall not contain any other mandatory
language prescribed by N.J.A.C. 17:27-1 et seq.
g. Subsection e. above shall not apply to any construction contractor or
subcontractor performing under an existing federally approved or sanctioned
affirmative action program; or to any subcontractor which is exempted under
N.J.A.C. 17:27-6.1 ITom the affirmative action plan requirements of N.J.A.C.
17:27-6.1 et seq,; or to any construction contractor or subcontractor bidding on or
negotiating with a public agency operating under its own affirmative action
construction program which has been designated as a State-approved affirmative
action construction program pursuant to N.J.A.C. 17:27-6.5.
This Contract shall be binding upon the OWNER, its successors and assigns, and upon
the CONTRACTOR, its successors and assigns or heirs, executors, administrators and
assigns.
IN WITNESS WHEREOF, the OWNER has caused this instrument to be signed by
attested by and the
seal to be hereunto affixed, and the CONTRACTOR hereunto set their hands and seals,
or caused these presents to be signed by their proper corporate officers and their proper
corporate seal to be hereto affixed.
IB-8
Rev. 5/9/05
OWNER
1. SIGNED BY: Daniel J, Reim
.J
TITLE
Mavor
DATE /..z -/'l-as-
ATTEST:
(SEAL)
CONTRACTOR
1.
SIGNED BY: Ra"nd Bas~~
SIGNATURE: (h~ J{~/
TITLE President DATE /J./J--/cJ
2.
SIGNED BY:
SIGNATURE:
TITLE
DATE
3. SIGNED BY:
SIGNATURE:
TITLE
DATE
ATTEST:
(SEAL)
Note: Attach additional signature sheets in the above form if necessary. Also execute
and attach acknowledgment forms if required by the OWNER.
lB-9
Rev. 5/9/05
2ß.rrrrrug~ rrf ([ari£r:e±
MIDDLESEX COUNTY
~<ÍIJ ¿HS<1r
,__ OFFrCE OF'
!\.ATHL.EEN iI1. BARNEY, RMClc:'fC
MUNICI1èAL CLERK
Date:
12-20-05
TO: Patrick DeBlasio,
Trea.sure.r
Borough of Carteret
REQUEST FOR CERTIFICATION OF AVAILABLE FUNDS:
For: AWARDING CONTRACT FOR THE 2005-2007 ANNUAL SEWER
EMERGENCY SERVICE CONTRACT.
NB¡n~ of Account:
RES.
#05-269
AMOUNT
NOT TO EXCEED 1st year $255,425.00
AMOUNT TO BE ENCUMBERED: ?nQ YI/'1i>r $ ?68, 280.75
AT AN HOURLY RATE ACCORDING TO RATE SCHEDULE.
~I'~',,--,~ ~ '\
KATHLEEN M. BARNEY,
Municipal Clerk
----------------------------------------------------------------
CERTIFICATION OF. AVAILABILITY OF FUNDS
I, Treasurer of the Borough of Carteret, do hereby certify that
there are sufficient funds available in the current budget to
enable th~ Municipal Council to authorize the entering into a
Contract between the Borough of Carteret'and:
ßJw
The funds available ·for this contract are in the Budget. in the
account of: C _2'1_ 0'> -1'61_ -.:0/ ~/b~-;'f__, =-i
6'
C.O>{_ <>1-/1>5-~C¡t¡ ;¡,5-I,'(<( C .Oy. o·I-/7$-).~1 'SJ,J/·PO
in the amount of: LS Š, .c/;..S,~
By this certification, I have hereby encumbered the above ;amed
account for the amount of the contract pending Council action,
1Q-..:I2£f~
Patrick DeBlasio,
Treasurer
DATE:
1 r)¡; J¡"';;
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AFFIDAVIT OF PUBLICATION
The following is a true copy of an Ordinance or
Resolution of the Borough of Carteret that has
appeared in the Home News Tribune, a newspaper
which is printed in Freehold, New Jersey and published
in Neptune, in said County and State and of general
circulation in said county. ONE (1) times, once in each
issue as follows:
Dprpmhpr 7h, 700~
~o. ~~
Notary Public of New Jersey
~~
/Kathleen Barney, RMC/
Municipal Clerk
Sworn and subscribed before
me this J.ù/... day of ~ / .J- ¿)JJ'~ .
I lOU.tc. CM1BIET
NOTICI Of'
COH1"IIACT AWAIIOÐ)
The Bor~ of Carteret
has rwardecl 8 contrllCt
wtthout competitive bkI-
dine a. 8 professional
..rvlce J;)wrsuant to
N.J.SA 4OA:11-5 (1)(8).
This contract and the
rnotution authorlzina: It
are Þ8Habla for public
In~lon In the office
l~~~U=Ip.' Clerk.
S & W CONSTRUCTION
-
AWARD OF CONTRACT
RE.: 2005-2007 ANNUAL
SEWER ' EMERGENCY
S[RVlCE.
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the flnt" y.ar &
$268.280.75 for the HC-
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