[HISTORY: Adopted by the Township Committee of the Township of Union as indicated in article histories. Amendments noted where applicable.]
Article I Contractor Qualification and Performance Standards
[Adopted 10-27-2015 by Ord. No. 5358]
For properties or projects that exceed a minimum acreage of 25 acres, as a condition of performing work on a public construction contract or a publicly subsidized construction project, a developer, owner, general contractor, construction manager, or other lead or prime contractor seeking award of contract shall submit a contractor responsibility certification at the time it submits its bid for a contract.
All contractors and subcontractors that perform significant work on any public facility or public works project, including construction, alteration, renovation, repair, service or maintenance work, or those receiving financial assistance from public subsidies, shall meet the requirements of this article. For purposes of this article, the term "significant work" shall be defined as any work or activity covered under the New Jersey Prevailing Wage Act, N.J.S.A 34:11-56.25 et seq.
Financial assistance from public subsidies is defined as something of economic value provided by the Township or other public entity to a private entity, including, but not limited to loans, loan guarantees, grants, tax exemptions, tax abatements, and tax incentive financing, approved, funded, authorized, administered or provided by the local government in connection with work on private-sector construction projects for economic development and/or job growth. A project is subsidized by the public if:
A party to the contract received or will receive a qualifying tax preference, abatement, or other incentive;
A party to the contract received or will receive a public loan;
The work takes place on land that a party to the contract leases from the state or a county, municipality, or political subdivision;
The work takes place on land that a party to the contract purchased from the state or a county, municipality, or political subdivision for less than fair market value, as determined at the time of the sale; or
The work takes place in an area designated by the government entity as an area in need of redevelopment.
In the contractor responsibility certification, general contractors and subcontractors shall certify the following facts regarding their past performance and work history and its current qualifications and performance capabilities:
The firms have all valid, effective licenses, registrations or certifications required by federal, state, county, or local law, including but not limited to, licenses, registrations, certificates required to: (1) do business in the designated locale; and (2) perform the contract work it seems to perform. These shall include, not be limited to, licenses, registrations or certificates for any type of trade work or specialty work, which the firm proposes to self-perform.
The firms meet the bonding requirements for the contract, as required by applicable law or contract specifications and any insurance requirements, as required by applicable law or contract specification, including general liability insurance, worker's compensation insurance and unemployment insurance requirements.
The firms have not been debarred by any federal, state or local government agency or authority in the past three years.
The firms have not defaulted on any project in the past three years.
The firms have not had any type of business, contracting or trade license, registration, or other certification suspended or revoked in the past three years.
The firms have not been cited and found guilty for a willful violation of federal or state safety laws in the past three years.
The firm and/or its owners have not been convicted of any crime relating to the contracting business by a final decision of a court or government agency in the past three years.
The firms will pay all craft employees that it employs on the project the current wage rates and benefits under applicable federal or state prevailing wage laws.
The firms participate in an apprenticeship program that is currently registered with the USDOL, the NJDOL or any state having equal to or higher requirements as either the USDOL or NJDOL apprenticeship programs, for each craft or trade in which it apprentices. The firm shall provide proof of meeting this qualification standard by submitting appropriate documentation as an attachment to this certification. The firm shall continue to participate in applicable apprenticeship programs for the full duration of the contract work. The apprenticeship program in which the firm participated shall have graduated at least one enrollee in each of the past three years.
In addition, the Township recognizes the importance of their construction projects to the state and local economy. Therefore, as a matter of policy, the Township will request the successful contractor to make good faith effort to hire residents from the communities impacted by the construction project.
All contractors and subcontractors that perform significant work on any public facility or public works project receiving financial assistance shall be required to affirmatively provide evidence of and confirm compliance with proof of participation in an apprenticeship program currently registered and approved by the United States Department of Labor (USDOL), the New Jersey Department of Labor (NJDOL) or any state having equal to or higher requirements as either the USDOL or NJDOL apprenticeship programs. Additionally, apprenticeship programs shall meet the criteria set forth in § 24-3I of this article.
As a condition of performing work on public works contracts over the public works threshold or receiving financial assistance, the general contractor shall provide certification that he and each subcontractor working on the project shall have at least one employee who has successfully completed the OSHA ten-hour construction safety and health course. As a condition of performing work on public works contracts of $500,000 or more total cost of project, the general contractor shall provide certification that each subcontractor working on the project shall have at least one employee who has successfully completed OSHA thirty-hour construction safety and health course.
The Township may conduct any additional inquiries to verify that the prospective awardee and its subcontractors have the technical qualifications and performance capabilities necessary to successfully perform the contract and that the firms have sufficient record of legal compliance and business integrity to justify the award of a public contract. In conducting such inquiries, the Township of Union may seek relevant information from the firm, its prior clients or customers, its subcontractor or any other relevant source.
[Added 3-28-2017 by Ord. No. 5424]
Notwithstanding anything to the contrary in the article, a redeveloper executing a redevelopment agreement with the Township in connection with a redevelopment project shall not be required to comply with the Act, by its terms, where the Township Committee determines that strict compliance with the article is not consistent with the goal of promoting redevelopment within a redevelopment area by private enterprise, and the work on a redevelopment project within a redevelopment area can be completed by or on behalf of such redeveloper in a competent, professional and safe manner without requiring strict compliance with the article. In that event, the Township Committee shall have the right and authority, by passage of a resolution, to approve a redevelopment agreement which relieves such a redeveloper and urban renewal entity from compliance with the article, including the article provisions respecting prevailing wage requirements and any other specific requirements, with respect to the work performed in connection with the redevelopment project.