HomeMy Public PortalAboutr 10-044
~e,$olutiou of tIre ~orougIr of O1nrteret) ~ ~ ar ~
No. 10-44
Date of Adoption Tm! I'll)' 21 , 2)10
"RESPONSIBLE" BIDDER RESOLUTION
WHEREAS, the Borough of Carteret fmds that it is in its best interest to define the term
"responsible'l as contained in competitive bidding statutes governing its purchases of
construction goods and services; and
WHEREAS, the Borough of Carteret wishes to ensme that contracts are awarded in an
atmosphere that invites competition and guards against favoritism, improvidence,
arbitrary conduct, extravagance, fmud and corruption, so as to secure the best work or
supplies at the lowest cost practicable; and
\VHEREAS, the Borough of Carteret possesses great discretion in dctemllning the
Ulowest responsible bidder" and is entitled to specify the tcnns of the contract when its
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 entrusted with the
power to detemune whether a respective bidder is the "lowest responsible bidder"; and
WHEREAS, the Borough of Carteret solicits bids and/or proposals on many different
types of construction contracts witH varying factors affecting each purchasing decision,
and therefore must take into ace.cunt reasonable benefits to the community's welfare
arising from each bid and in the exercise of its proprietary functions.
THEREFORE, BE IT RESOLVED THAT financial responsibility is an important
factor in determining 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 Internal 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 confmn 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 determine 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 satisfactory meet its contractual
responsibilities and obligations.
NO. 10-44
PAGE 2
BE IT FURTHER RESOLVED THAT social responsibility is a concern in awarding
public contracts, and the contracting authority may factor in its determination of whether
a bidder is Hresponsible" 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 Labor's Occupational Safety & Health
Administration. Furthermore, the bidder shall be required to provide a certificate of
insmance, designating the Borough of Carteret as an Additional Insnred under all
pertinent policies, specifYing all required coverages, 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 ofCarteret.
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 Bmeau of
Apprenticeship & Training, as well as benefit configuration being no less than required
under the New Jersey Prevailing \Vage Act is minimally required to demonstrate that a
bidding entity is uresponsible".
~te:! this 21st clay of Janmy 21, 2010
ard certifiErl as a true cqJj of the
origirnl rn Jarun:y 22, 2010.
IOOHlEJiN M. B!\RNEY, M1:
MJniClpll Clerk
RECORD OF COUNCIL VOTE
COUNCILMAN YES NO NY A.B. COUNCILMAN YES NO NV. A.B.
PEllJN) X KRIM x
DIAZ x . N>\PlES x
"T. x STIl\RZ x
.
X.lndicateVole AB ~ Absent NV - NOI Voting XOR - Indicates_VOle 10 Overrule Velo ,
Adopted at a meeting of the Municipal Council ~ ..:Jarurry 21, 2010
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