[Adopted 5-21-2001 by Ord.
No. 1400-2001]
It is the policy of the Township of Hamilton, subject to any contrary
requirements or policies of any governmental entity or organization or funding
source having concurrent or surpassing jurisdiction over the municipality's
projects, that contractors awarded bids for construction projects costing
$20,000 or more undertaken by the municipality provide approved health and
hospital insurance plans, approved pension plans, and apprenticeship training
programs for all covered workers and that the following guidelines, criteria
and procedures are adopted. Bid packages for significant construction projects
undertaken by the municipality shall contain the following provision: All
labor shall be covered by an approved health and hospital insurance plan,
an approved pension plan and an apprenticeship training program pursuant to
standards established under the Department of Labor and Industry Act of 1948
(N.J.S.A. 34:1A-34 et. seq.). A statement of employee benefits must be completed
and made part of the bid in order for the bid to be accepted.
The municipality, at its discretion, may refuse to award a request for
proposal or a contract to any bidder due to the contractor's filing of false
information or the contractor's failure to file information required by this
article. Upon an award of a request for proposal and contract, the municipality
may require further proof of compliance with the standards set forth in this
article. Upon request, the contractor shall be required to make all relevant
records available to the municipality or its designee in timely fashion.
In the event it is found that any workmen employed by the contractor
or any subcontractor covered by said contract is paid less than required wage
rates, the municipality may terminate the contractor's right to proceed with
the work or such part of the work as to which there has been a failure to
pay required wages and to prosecute the work to completion or otherwise. The
contractor and his sureties shall be liable to the municipality for any excess
cost occasioned thereby. The contractor and subcontractor shall then be required
to file written statements certifying to the amounts then due and owing to
any and all workmen for wages due on account of the public work. The statements
shall set forth the names of persons whose wages are unpaid and the amount
due to each. The statements shall be verified by the oaths of the contractor
or subcontractor, as the case may be.