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No. 08- 258 Date of Adoptio" Oc tooot' 23, 2008
"RESPONSIBLE" BIDDER RESOLUTION
WHEREAS, the Mayor and Council of the Borough of Carteret find that it is in its best
interest to define the term "responsible" as contained in competitive bidding statutes
governing its purchases of construction goods and services; and.
WHEREAS, the Mayor and Council of the Borough of Carteret wish to ensure that
contracts are awarded in an atmosphere that invites competition and guards against
favoritism, improvidence, arbitrary conduct, extravagance, fraud and corruption, so as to
secure the best work or supplies at the lowest cost practicable; and
'VHEREAS, the Mayor and Council of the Borough of Carteret possess great discretion
in determining the "lowest responsible bidder" and is entitled to specify the terms of the
contract when it solicits bids and the criteria that bidders must meet in order to be
considered a "responsible" bidder in the exercise of its proprietary duties and
responsibilities; and
WHEREAS, the contracting authority of the Borough of Carteret is entmsted with the
power to determine whether a respective bidder is-tl).e "lowest responsible bidder"; and
\VHEREAS, the Borough of Carteret solicits bids and/or proposals on many different
types of construction contracts with varying factors aff~cting each purchasing decision,
and therefore must take into account reasonable benefits to the community's welfare
arising from each bid and in the exercise of its proprietary functions.
THEREFORE, BE IT RESOL YED that financial responsibility is an important factor
in deterrl)ining the lowest responsible bidder, and the Borough of Carteret, through its
contracting authority, shall require an entity that bids on a public 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- requirements of the Intemal Revenue Service, New
Jersey Departments of Treasury and/or Labor, as well as complying with the general
business license requirements of the Borough of Carteret 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 perfOlm 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 contracting authority shall also detennine if the bidding entity maintains a
satisfactory level of past performance and -integrity as well as possesses the financial,
supervisory, personnel, material, equipment, and other resources and expertise to
satisfactorily meet its contractual responsibilities and obligations.
NO. 08-258
PAGE
2
BE IT FURTHER RESOLVED that social responsibility is a concem in awarding
public contracts, and the contracting authority may factor in is determination of whether a
bidder is "responsible!> such factors as bidder's record of conformity with environmental,
labor, and health and safety laws including compliance with the requirements of the U.S.
Department of Labar's Occupational Safety & Health Administration. Furthermore, the
bidder shall be required to provide a certificate of insurance, designating the Borough of
Carteret as an Additional Insured under all pertinent polices, specifying all required
coverage, including general liability, workers' compensation, completed operations,
automobile, hazardous occupation, product liability, and professional liability at such
limits as the contracting authority deems appropriate to protect the interests of the
Borough of Carteret.
ALSO BE IT FURTHER RESOLVED that the provision of satisfactory evidence by
the bidding entity that it provides or participates in an apprenticeship and training
program approved and registered with the U.S, Department of Labor's Bureau of
Apprenticeship & Training, as well as benefit configuration being no less than required
under the New Jersey Prevailing Wage Act is minimally required to demonstrate that a
bidding entity is "responsible".
Adopted this 23" day of October, 2008
and certified as a tme copy ofthe
original on October 24, 2008.
KATHLEEN M. BARNEY, MMC
Municipal Clerk
RECORD OF COUNCIL VOTE
COUNCII,.I\IAN YES NO NV A.B. COUNCILr\IAN YES NO NV A.B.
X KRUM X
COLON X NAPLES X
DIAZ X SITARZ
X
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x - Indicate Vote AB - Absent NV . Nol Voting XOR - rndkatc~ Vote to Overrule Velo
Adopted al a meeting of the Municipal Council
~_::October _
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