Township of Monroe, NJ: Budget and Purchasing

[1]

Editor's Note: Original Art. XIII, Department of Parks and Recreation, as amended, and Art. XIIIA, Department of Public Properties, added 2-6-1975 by Ord. No. O-3-75, both of which preceded this article, were superseded 12-28-1982 by Ord. No. O-29-82.

[1]

Editor's Note: See N.J.S.A. 40A:5-1 et seq. and 5A-1 et seq., respectively.

§ 4-96 Receipt of bids.

Any purchase, contract or agreement for the performance of any work or the furnishing or hiring of materials or supplies, the cost or price of which, together with any other sums expended or to be expended for the performance of any work or services in connection with the same immediate program, undertaking, activity or project or the furnishing of similar materials or supplies during the same fiscal year paid with or out of public funds, does not exceed the sum as provided by state statute in the fiscal year may be made, negotiated or awarded by a contracting agent when so authorized by resolution of the governing body of the contracting unit without public advertising for bids. Such authorization may be granted for each purchase, contract or agreement or by a general delegation of power to make, negotiate or award such purchases, contracts or agreements pursuant to this section. Any purchase, contract or agreement made pursuant to this section may be awarded for a period of 12 consecutive months, notwithstanding that such 12-month period does not coincide with the fiscal year.

Every contract or agreement for the performance of any work or the furnishing or hiring of any materials or supplies, the cost or the contract price whereof is to be paid with or out of public funds, not included within the terms of Subsection A above, shall be made or awarded only by the governing body of the contracting unit after public advertising for bids and bidding therefor, except as is otherwise provided pursuant to N.J.S.A. 40A:11-1 et seq. or specifically by any other laws. No work, materials or supplies shall be undertaken, acquired or furnished for a sum exceeding in the aggregate the amount as provided by state statute except by contract or agreement.

Any purchase, contract or agreement may be made, negotiated or awarded for a contracting unit without public advertising for bids and bidding therefor, notwithstanding that the cost or contract price will exceed the amount as provided by state statute, when an emergency affecting the public health, safety or welfare requires the immediate delivery of the articles or the performance of the service, provided that the awarding or making of such purchases, contracts or agreements are made in the following manner:

(1)

A written requisition for the performance of such work or labor, or the furnishing of materials, supplies or services is filed with the contracting agent or the deputy in charge describing the nature of the emergency, the time of its occurrence and the need for invoking this section, certified by the officer or director in charge of the department wherein the emergency occurred or such other officer or employee as may be authorized to act in place of said officer or director, and the contracting agent or deputy in charge, being satisfied that the emergency exists, is hereby authorized to award a contract for said work or labor, materials, supplies or services.

(2)

Upon the furnishing of such work or labor, materials, supplies or services in accordance with the terms of the contract or agreement, the contractor furnishing such work or labor, materials, supplies or services shall be entitled to be paid therefor, and the contracting unit shall be obligated for said payment. The governing body of the Township of Monroe shall take such action as shall be required to provide payment of the contract price.

No purchase, contract or agreement which is single in character or which necessarily, or by reason of the quantities required to effectuate the purpose of the purchase, contract or agreement, includes the furnishing of additional services or buying or hiring of materials or supplies or the doing of additional work shall be subdivided, so as to bring it or any parts thereof under the maximum price or cost limitation as provided by state statute thus dispensing with the requirement of public advertising and bidding therefor, and in purchasing or contracting for or agreeing for the furnishing of any services, the doing of any work or the supplying of any materials or the supplying or hiring of any materials or supplies, included in or incident to the performance or completion of any project, program, activity or undertaking, which is single in character or inclusive of the furnishing of additional services or buying or hiring of materials or supplies or the doing of additional work, or which requires the furnishing of more than one article of equipment or buying or hiring of materials or supplies, all of the services, materials or property requisite for the completion of such project shall be included in one purchase, contract or agreement.

§ 4-97 Award of contract or purchase.

The Township Council, upon consideration and review of the procedures and recommendations, shall award the contract or purchase to the lowest bidder, pursuant to law, N.J.S.A. 40A:11-1 et seq.

Prequalification regulations for bidder requirements for public works projects.

(1)

Findings. The governing body makes the following findings:

(a)

The Township has proprietary and governmental interests in high standards, high qualifications and a high level of safety for workers and the general public. Those interests are fostered and benefitted by requiring bidders who desire to bid on public works projects with an estimated cost of construction equal to or exceeding $250,000 to employ highly skilled workers.

(b)

Using formally trained trade and craft workers ensures a level of competence, productivity, and worker safety that contributes to the timely and cost effective completion of public works projects.

(c)

A registered apprenticeship provides for a formal training arrangement that includes a paid-work component and an educational or instructional component, wherein an individual obtains workplace-relevant knowledge and skills.

(d)

Registered apprenticeship programs are a written plan designed to move an apprentice from a low-or no-skill entry-level position to full occupational proficiency. These programs must meet parameters established under the National Apprenticeship Act[1] that are designed to protect the welfare of the apprentice. The Act and its promulgating regulations are administered by the Department of Labor's Office of Apprenticeship and the New Jersey Department of Labor and Workforce Development.

[1]

Editor's Note: See 29 U.S.C.A. § 50 et seq.

(e)

The publication "Apprenticeship Training In New Jersey - Directory of Information and Resources," prepared by the State of New Jersey Department of Labor and Workforce Development Division of Business Services - Office of Workforce Initiatives, describes the benefits that apprenticeship programs provide to the public, including, but not limited to:

[1]

Developing and maintaining a highly skilled workforce which has "learned how to learn" and which is well prepared to adapt to an ever-changing employment and economic environment that is the hallmark of today's global economy; and

[2]

Increased productivity from apprentices who are more versatile and better able to solve work-related problems than untrained workers.

(f)

The governing body may, in accordance with N.J.S.A. 40A:11-25, establish reasonable regulations appropriate for controlling the qualifications of prospective bidders upon contracts to be awarded on behalf of the contracting unit, and may adopt a standard form of statement or questionnaire for bidders showing the bidder's financial ability and experience in performing public-sector work, to the satisfaction of the Township.

(g)

A highly skilled workforce ensures lower costs for repairs and maintenance over the lifetime of a completed public works project; ensures that trade and craft workers have been properly trained to adapt to an ever-changing employment and economic environment that is the hallmark of today's global economy; and allows the apprentices to be better trained which ultimately increases productivity and safety in the workplace.

(h)

N.J.S.A. 40A:11-13 provides that any specifications for the provision or performance of goods or services shall be drafted in a manner to encourage free, open and competitive bidding and that no specifications may "(a) Require any standard, restriction, condition or limitation not directly related to the purpose, function or activity for which the contract is awarded."

(i)

A requirement that a responsible bidder is one who participates in an apprenticeship program is consistent with N.J.S.A. 40A:11-13 inasmuch as the requirement is directly related to the cost, efficiency, skilled labor force, quality, safety and timeliness of the Township's public works projects.

(j)

An apprenticeship program requirement as a condition of responsible bidder determination is consistent with N.J.S.A. 40A:11-6.1 which requires that public contracts be awarded not to the lowest bidder, but to the lowest responsible bidder.

(k)

Requiring apprenticeship programs as an element of responsibility places all bidders on equal footing and does not unnecessarily limit the number or type of bidders on public contracts, as all contractors will have a fair and equal chance to bid on Township contracts.

(l)

Requiring apprenticeship programs as an element of responsibility supports State of New Jersey policy as set forth in N.J.S.A. 34:1A-37 and N.J.S.A. 52:38-1:

[1]

The State of New Jersey, as set forth in N.J.S.A. 34:1A-37 as an example, has recognized the inherent good in the encouragement and promotion of apprenticeship agreements and supports apprenticeship programs through programs of the State Department of Labor and Workforce Development;

[2]

The State of New Jersey, as set forth in N.J.S.A. 52:38-1, has determined that a highly skilled workforce ensures lower costs for repairs and maintenance over the lifetime of a completed project, and such a requirement is directly related to the contract activity;

(m)

Apprenticeship programs that train highly skilled workers and improve efficiency in government projects further the purposes of the Local Public Contracts Law.

(2)

Definitions. Unless otherwise apparent from the context, the following words shall have the meanings set forth herein:

APPRENTICESHIP PROGRAM

A registered apprenticeship program providing to each trainee combined classroom and on-the-job training under the direct and close supervision of a highly skilled worker in an occupation recognized as an apprenticeable trade, and registered by the Bureau of Apprenticeship and Training of the U.S. Department of Labor and meeting the standards established by the Bureau, or registered by a state apprenticeship agency recognized by the Bureau.

DIRECTOR

The Director of the Division of Local Government Services within the Department of Community Affairs.

LOWEST RESPONSIBLE BIDDER OR VENDOR

The bidder or vendor: a) whose response to a request for bids offers the lowest price and is responsive; and b) who is responsible.

PUBLIC WORKS PROJECT

Construction, reconstruction, demolition, alteration, custom fabrication, duct cleaning, or repair work, or maintenance work, including painting, and decorating, done under contract and paid for in whole or in part out of the funds of a public body, except work performed under a rehabilitation program. "Public Works Project" shall also mean construction, reconstruction, demolition, alteration, custom fabrication, duct cleaning, or repair work, done on any property or premises, whether or not the work is paid for from public funds, if, at the time of the entering into of the contract the property or premises is owned by the public body or a) not less than 55% of the property or premises is leased by a public body, or is subject to an agreement to be subsequently leased by the public body; and b) the portion of the property or premises that is leased or subject to an agreement to be subsequently leased by the public body measures more than 20,000 square feet.

RESPONSIBLE

Able to complete the contract in accordance with its requirements, including, but not limited to, requirements pertaining to experience, moral integrity, operating capacity, financial capacity, credit, and workforce, equipment, and facilities availability.

RESPONSIVE

Conforming in all material respects to the terms and conditions, specifications, legal requirements, and other provisions of the request.

(3)

Registered apprenticeship program required for public works projects.

(a)

It is hereby established by the governing body that participation in a registered apprenticeship program shall be a necessary qualification for all contractors and subcontractors, including lower-tier subcontractors seeking to perform work on any public works project for which the Township estimates that the total cost of the project, exclusive of any land acquisition costs, will equal or exceed $250,000.

(b)

All bidders on public works projects for which the Township estimates that the total cost of the project, exclusive of any land acquisition costs, will equal or exceed $250,000 shall provide evidence that, at the time of the bid, the bidder and all of the bidder's subcontractors participate in registered apprenticeship programs for each of the trades of work contemplated under the awarded contract for which a registered apprenticeship program exists. Any bidder who fails to submit such evidence shall not be deemed a responsible bidder.

(c)

It shall be a term and condition of any and all contracts for a public works project for which the Township estimates that the total cost of the project, exclusive of any land acquisition costs, will equal or exceed $250,000 that all lower-tier subcontractors (e.g., sub-subcontractors and below) must provide evidence of participation in registered apprenticeship programs for each of the trades of work contemplated under the awarded contract prior to execution of any subcontract governing work on the public works project and prior to performing any work on said public works project.

(4)

Incorporation into bid documents and contracts. The requirements of this section shall be incorporated into the Township's bid specifications and contracts for public works projects for which the Township estimates that the total cost of the project, exclusive of any land acquisition costs, will equal or exceed $250,000. Any violation of this section may constitute a breach of such contract.

(5)

Repealer. All ordinances or parts of ordinances inconsistent herewith are repealed as to such inconsistencies.

(6)

Severability. If any section, subsection, sentence, clause, phrase or portion of this section is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions thereof.

(7)

Director approval required. Upon adoption, a certified copy of this section shall be submitted to the Director of the Division of Local Government Services for approval together with such other documents as shall be required by Director, in accordance with the requirements of Local Finance Notice 2016-12 or such successor directive issued by the Division of Local Government Services prior to adoption of this section. For guidance purposes, Local Finance Notice 2016-12 requires the submission of the following documents in addition to the ordinance:

(a)

Copies of the two newspaper legal advertisements, and any other advertisements, for the public hearing;

(b)

Certified and sealed copy of the governing body's resolution (by the governing body's Clerk or Secretary) adopting the regulations;

(c)

A true, certified and sealed copy of the transcript of the public hearing held pursuant to N.J.S.A. 40A:11-25. The transcript shall be certified by the governing body's Clerk or Secretary; and

(d)

A completed, certified and sealed (by the governing body's Clerk or Secretary) standard certification form. Please note that the certification form has been updated to require additional information and shall be utilized in lieu of the prior form.

(8)

Effective date and sunset provision.

(a)

Pursuant to N.J.S.A. 40:41A-101, all ordinances take effect 20 days after final passage by the Township Council of Township of Monroe and approval by the Mayor of the Township of Monroe.

(b)

Notwithstanding the foregoing, in accordance with N.J.S.A. 40A:11-25, this section shall not take effect unless and until this section and required accompanying documentation have been submitted to the Director for approval in accordance with Subsection A(7) of this section, and either 1) the Director grants such approval, in writing, or 2) the Director fails to approve or disapprove the ordinance within 30 days of its receipt by the Director.

(c)

In the event the Director approves this section only for a limited duration, this section shall cease to be effective, and shall no longer constitute a requirement for bidding for or performing work under a contract advertised subsequent to the expiration of such approval.

Project labor agreements. This article shall ensure that construction projects, regardless of the cost of said projects, that the municipality directly undertakes or for which it provides financial support, are performed promptly, at a reasonable cost and with the highest degree of quality. This article also creates opportunities to employ a substantial number of apprentices, thus ensuring that these projects will expand access to living wages careers in the construction trades for a new generation of workers.

(1)

Definitions. As used in this article, the following terms shall have the meanings indicated:

APPRENTICE

A worker who participates in a federally approved apprenticeship program or as an apprentice equivalent participates in a federally approved training program, takes a construction apprenticeship test and receives benefits and pay not less than those received by an apprentice.

APPRENTICE PROGRAM

An apprenticeship program operated by an entity registered by the Bureau of Apprenticeship and Training of the US Department of Labor or registered by a federal apprenticeship agency recognized by the Bureau.

CONTRACTOR

A person or entity awarded a public works contract contemplated by this article.

CRAFT REQUEST FORM

A form which delineates the job or craft titles and descriptions (for example, but not by way of limitation, plumbers, glazers, carpenters, etc.) which are needed for a particular project, which form may be the one customarily used by the relevant trade or craft unions at that time and place.

LABOR ORGANIZATION

An organization which represents, for purposes of collective bargaining, employees involved in the performance of construction contracts and eligible to be paid prevailing wages under the New Jersey Prevailing Wage Act, P.L. 1963, c. 150 (N.J.S.A. 34:11-56.25 et seq.) and has the present ability to refer, provide or represent sufficient numbers of qualified employees to perform the contracted work and which has an apprenticeship program registered by the Bureau of Apprenticeship and Training of the US Department of Labor.

PROJECT LABOR AGREEMENT

A pre-hire collective bargaining agreement between a labor organization and the Township of Monroe or a developer, as the situation dictates, that contains at a minimum the requirements set forth in this article.

PUBLIC WORKS PROJECT

SUBCONTRACTOR

A person or entity that is engaged or performs work or provides materials for a contractor as defined herein, which person or entity may or may not be in privity of contract with the Township of Monroe.

(2)

Applicability. The terms of this article, set forth below, are applicable to covered projects. Covered projects include public works projects.

(3)

Conflicts with other provisions. To the extent any of the provisions of this article are deemed to conflict with N.J.S.A. 52:38-1 et seq. (P.L. 2002, c. 44) or any other applicable New Jersey statute, the statute shall control. To the extent this article conflicts with any additional local ordinances, this article shall control.

(4)

Requirements for certain contracts.

(a)

The Township shall require the inclusion of a Project Labor Agreement ("PLA") for all public works projects, and a PLA shall be deemed required for any project unless the Township expressly determines otherwise on a project-specific basis. Any determination to waive the PLA requirement shall be made by the Township Administrator, taking into consideration the size, complexity, and cost of the project, and whether the use of a PLA would not advance the Township's interests. In such instance, the bid specifications for the project shall expressly state that a Project Labor Agreement is not required, and the Township shall maintain written documentation memorializing the determination that a PLA is not required for that specific project. For all projects where a PLA is required, the agreement shall either be directly entered into with a labor organization or the award of the contract shall be made on the condition that the construction manager for the contract shall negotiate a Project Labor Agreement in good faith with one or more labor organizations. In all cases where a PLA is utilized, the Project Labor Agreement shall advance the interests of the Township of Monroe, including, but not limited to, cost, efficiency, quality, scheduling and timelines, the need for a skilled labor force, and safety.

(b)

Agreement requirements. Each project labor agreement executed pursuant to this article shall contain the following terms pursuant to this section and in accordance with N.J.S.A. 52:38-1 et seq. (P.L. 2002, c. 44):

[1]

Advance the interests of the Township of Monroe, including the interests in cost, efficiency, quality, timeliness, skilled labor force, and safety;

[2]

Contain guarantees against strikes, lock-outs, or other similar actions;

[3]

Set forth effective, immediate, and mutually binding procedures for resolving jurisdictional and labor disputes arising before the completion of the work;

[4]

Be made binding on all contractors and subcontractors on the project in all relevant documents, including bid specifications;

[5]

Require that each contractor and subcontractor working on the project utilize an apprenticeship program as defined herein;

[6]

Fully conform to all statutes, regulations and Township of Monroe ordinances regarding the implementation of set-aside goals for women-and minority-owned businesses, the obligation to comply with which shall be expressly provided for in the project labor agreement;

[7]

Include a publicly available plan which is in full conformance with the requirements of all applicable statutes, regulations, executive orders and Township ordinances regarding the share of employment and apprenticeship positions in the project for minority group members and women and is mutually agreed upon by the participating labor organizations and the public entity, provided that any shares mutually agreed upon pursuant to this subsection shall equal or exceed the requirements of other statutes, regulations, executive orders or local ordinances;

[8]

State that contractors and subcontractors need not be a party to a collective bargaining agreement with the applicable labor organization other than for the project covered by the project labor agreement;

[9]

Require the Township to monitor, or arrange to have a state agency monitor the amount and share of work done on the project by minority group members and women and the progression of minority group members and women into apprentice and journey worker positions and require the Township to make public, or have the state agency make public, all records of monitoring conducted pursuant to N.J.S.A. 52:38 et seq. (P.L. 2002, Chapter 44), this article and the project labor agreement;

[10]

State that any and all residents who are already in any signatory union or an apprenticeship program shall be referred to contractors or subcontractors who request them, even if those Monroe residents were not in line for referral under normal hiring hall procedures;

[11]

Require the contract for the public works project to provide whatever resources may be needed to prepare for apprenticeship a number of women and minority members sufficient to enable compliance with the plan agreed upon pursuant to this article and provide that the use of those resources be administered jointly by the participating labor organization and the public entity;

[12]

State that the terms of the project labor agreement shall prevail over conflicting terms of any collective bargaining agreements;

[13]

Require that the labor organization utilize members who are Monroe residents as their first choice for staffing without regard of any other preferential status; and

[14]

Require that 20% of the labor hours required shall be performed by the Monroe residents who are participating in the apprenticeship program and that 100% of the apprentices shall be Monroe residents. However, if the labor organization can demonstrate in writing it made good faith efforts to increase enrollment of Monroe residents in their apprenticeship programs but, despite good faith efforts, fulfilling this requirement is not possible because there are not enough apprentices available, the required percentages of apprentices will be decreased accordingly.

(c)

Advertisement. Not less than 60 days prior to the commencement of construction, the labor organization will advertise in two newspapers regularly published and distributed in the Township and outreach via other media, such as cable television, the Internet or radio. The advertisement shall solicit apprenticeship applications for the labor organization's apprenticeship program, describe the basic requirements for admission, describe the job training and set forth the range of salaries.

(d)

Preconstruction meeting. Not less than 30 days prior to the commencement of construction, the contractor shall meet with the appropriate Township official, as the context makes relevant, or his or her designee to present workforce needs, which will include the job description of the positions to be filled and duration of the project. In addition, the contractor will provide the construction schedule to the respective Director or his or her designee and to the Township Engineer. The labor organization will present the contractor and the respective Director or his or her designee with the names, addresses, and trades of eligible apprentices who are available to work on the project.

(5)

Apprenticeship utilization goals. On all covered projects, the minority and women employment goals for each contractor and subcontractor for each trade shall be established by the New Jersey Department of Labor in a manner that is consistent with N.J.A.C. 17:27-7.2; however, a contractor shall not be subject to enforcement actions for violations of this provision if that contractor can demonstrate that it made good faith efforts to comply with this section. For the purposes of this section, good faith efforts for a developer shall, at a minimum, include compliance with the following:

(a)

Entry into a project labor agreement and obtaining letters of assent from each contractor/subcontractor.

(b)

Convening prebid and preconstruction meetings to educate construction managers and subcontractors about the apprenticeship utilization goals.

(c)

Cooperating with representative. The contractor shall cooperate with the representative appointed by the Mayor to ensure compliance with this section. The representative shall provide services in support of the contractor's apprentice hiring goals.

(d)

Establish a point of contact to provide information about preapprenticeship or apprenticeship opportunities.

(e)

Develop and maintain an up-to-date list of persons who have been offered opportunities and those who are working on the project.

(f)

Facilitate relationships among approved apprenticeship programs and contractors to enable prompt referrals.

(g)

Assist contractors with reporting by working with contractors and their subcontractors where appropriate.

(h)

Regularly contacting and documenting of contact with the representative and providing certified payroll and other records on a regular basis to the representative.

(i)

Use and documenting use of Township-approved craft request forms sent to both unions and the Township representative. "Craft request form," as defined herein, means a document through which contractors shall request workers from unions.

(j)

Requesting apprentices that are Township residents from union hiring halls.

(k)

Documenting reasons for not hiring referred candidates from target populations, if applicable.

(l)

Allowing the Township representative prompt and willing access to documentation of all the above activities and to the work site if requested.

(6)

Local minority hiring goals. For each contractor and subcontractor performing work on a covered project, the project labor agreement shall contain female and minority employment goals that are consistent with the guidelines set forth by the Division of Public Contracts Equal Employment Opportunity Compliance established in the State Department of the Treasury, pursuant to N.J.A.C. 17:27-7.2.

(7)

Enforcement.

(a)

Monitoring and enforcement. Each contractor and subcontractor subject to the provisions of this article shall submit the completed certified declaration of compliance form prior to commencing work on the covered project.

(b)

Contractors and subcontractors. All contractors on covered projects shall require that their subcontractors comply with the provisions of this article. Language indicating the subcontractor's agreement to comply shall be included in the contract between the contractor and subcontractor and shall contain a provision making such terms enforceable by the Township. Copies of such agreements shall be submitted to the Township.

(c)

Reports. All contractors and subcontractors shall report to the Township Business Administrator or his or her designee on a quarterly basis according to the following schedule (by March 31, June 30, September 30 and December 31 of each year) and shall provide the following information, certified and notarized, for each covered contract for which work was performed during the previous quarter:

[1]

Manning report. The contractor's report will accurately reflect the total hours in each construction trade or craft and the number of hours worked by Township residents, including a list of minority resident and women resident workers in each trade or craft, and will list separately the work hours performed by such employees of the contractor and each of its subcontractors during the previous quarter.

[2]

Certified payroll report. The contractor's report will specify the residence, gender and ethnic/racial origin of each worker, work hours, and the rate of pay and benefits provided.

[3]

Equal employment opportunity reports. A copy of the labor organization's Local Union Report (EEO-3) and Apprenticeship Information Report (EEO-2), which are required to be filed with the United States Equal Employment Opportunity Commission by the labor organization.

[4]

Apprenticeship report. The report of the labor organization which shall list the names, addresses, and contact information of all persons who were accepted into the apprenticeship program from the target population. The report shall also list the names, addresses and contact information of all persons from the target population who were rejected for admission, with the reasons for rejection, and for those from the target population who failed to finish the program, and the reasons why they failed to complete the program.

[5]

Other reports. The developer or the labor organization shall furnish to the Township such further information, documents, or reports as shall be requested.

(d)

Records. Contractors and subcontractors performing work on covered contracts shall maintain certified payroll records for all employees and shall preserve them for a period of three years after completion of the covered contract, making such records available within three days of a written request by the Township or its designee and upon inspection without notice.

(e)

Site and records access.

[1]

All contractors and subcontractors performing work on covered contracts shall permit access for representatives of the Township or its designees to all work sites and to all applicable records in order to monitor compliance with the provisions of this article.

[2]

In the event the Township has good cause to believe that any contractor or subcontractor has failed to comply with the provisions of this article, the contractor or subcontractor shall be given written notice and afforded an opportunity for a hearing before the appropriate Township official prior to the imposition of the sanctions set forth in this section. The decision of the Township Business Administrator shall be final.

(f)

Township remedies. In the event the Township has good cause to believe that any contractor or subcontractor on a public works project has failed to comply with the provisions of this article, a contractor or subcontractor shall be given written notice of his alleged noncompliance and afforded an opportunity to submit a written response to the Township. In the event the Township determines any contractor or subcontractor on a public works project has failed to comply with the provisions of this article, it shall have available all remedies available at law or equity, which shall include, but not be limited to, the following:

[1]

Suspending or terminating the contract in question.

[2]

Completing the public works project with a different contractor or subcontractor and require the original contractor or subcontractor to pay all damages and costs in utilizing a substitute contractor or subcontractor and/or make claim on its performance bond.

[3]

Debarring the developer, contractor or subcontractor from eligibility for future Township contracts.

[4]

Assessing liquidated damages in the amount of 5% of the value of the contract in question.

[5]

For late filing of any report or record or the prohibition of any access required for same under Subsection C, D or E hereof, a payment of $1,000 per day for each day that the report is late for up to 15 days shall apply. After 15 days, the failure to provide same shall constitute a material breach and the above remedies shall apply.

[6]

Such other remedies available at law or in equity.

(8)

Implementation.

(a)

Any advertisement for a public works project published 60 days or more following the effective date of this article shall contain provisions conditioning the award of any contract to be in compliance with this article.

(b)

The Mayor or his designees may promulgate regulations or policies implementing this article.