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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 ;&=/e'.e:<'>~/;Zj;r:~/" ...., r..u ~y-- ()~