Legislation Details

File #: 24-627   
Type: Resolution Status: Passed
File created: 6/18/2024 In control: Administration and Finance
On agenda: 6/25/2024 Final action: 6/25/2024
Enactment date: 6/25/2024 Enactment #: R-24-554
Title: RESOLUTION ADOPTING A RESPONSIBLE CONTRACTOR AND SUB-CONTRACTOR POLICY FOR PASSAIC COUNTY PUBLIC WORKS CONTRACTS OVER TWO HUNDRED AND FIFTY THOUSAND DOLLARS ($250,000.00), PURSUANT TO N.J.S.A. 40A:11-25
Attachments: 1. Cover Page, 2. Responsible Contractor and Sub-Contractor Policy

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RESOLUTION ADOPTING A RESPONSIBLE CONTRACTOR AND SUB-CONTRACTOR POLICY FOR PASSAIC COUNTY PUBLIC WORKS CONTRACTS OVER TWO HUNDRED AND FIFTY THOUSAND DOLLARS ($250,000.00), PURSUANT TO N.J.S.A. 40A:11-25

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                     WHEREAS, the County of Passaic (“County”) is a body politic and corporate pursuant to N.J.S.A. 40:18-1 and vested with all rights contained therein; and

 

                     WHEREAS, pursuant to N.J.S.A. 40:20-1, the Board of County Commissioners of the County of Passaic (“Board”) is vested with managing the property, finances, and affairs of the County; and

 

                     WHEREAS, the County is committed to ensuring that construction contracts are awarded in an atmosphere that invites competition and guards against favoritism, improvidence, arbitrary conduct, extravagance, fraud and corruption, so as to secure the best work and supplies at the lowest cost practicable; and

 

                     WHEREAS, in furtherance of the County’s commitments, the County would like to adopt the Responsible Contractor and Sub-Contractor Policy, attached hereto and made part of this Resolution, which will be applicable to Passaic County Public Works contracts over two hundred and fifty thousand dollars ($250,000.00); and

 

                     WHEREAS, as part of the bidding process, contractors and sub-contractors will be required to execute the attached Contractor Responsibility Certification, affirming that their work history, qualifications and performance capabilities are in good standing; and

 

                     WHEREAS, failure to comply with the County’s Responsible Contractor and Sub-Contractor Policy will disqualify bidders from performing work on Public Works contracts over two hundred and fifty thousand dollars ($250,000.00); and

 

                     WHEREAS, pursuant to N.J.S.A. 40A:11-25, the Board may adopt a standard form of statement or questionnaire for bidders on public works contracts, in accordance with the procedure set forth therein; and                      

 

                     WHEREAS, N.J.S.A. 40A:11-25 further authorizes the Board to establish reasonable regulations appropriate for controlling the qualifications of prospective bidders upon contracts to be awarded on behalf of the County, by class or category of goods or services to be provided or performed, which may fix the qualifications required according to the financial ability and experience of the bidders and the capital and equipment available to them pertinent to and reasonably related to the class or category of goods or services to be provided or performed in the performance of any such contract, and may require each bidder to furnish a statement thereof; and

 

                     WHEREAS, in accordance with N.J.S.A. 40A:11-25, prior to adoption of any such regulations, a contracting unit shall submit them to a public hearing; and

 

WHEREAS, notice of the public hearing and a general description of the subject matter of the regulations to be adopted shall be published in no less than two newspapers circulating in the County, at least twenty (20) days before the hearing date; and

 

WHEREAS, on May 21, 2024, the Board passed Resolution No. R-24-408, scheduling a public hearing on June 25, 2024 at 5:15 PM in the Passaic County Administration Building to receive public comments on the adoption of the attached Responsible Contractor and Sub-Contractor Policy for Passaic County Public Works contracts over five million dollars ($5,000,000.00); and

 

WHEREAS, the Clerk of the Board published the statutorily required notice in the New Jersey Herald and Bergen Record no later than June 5, 2024; and

 

WHEREAS, thereafter, the County amended the Public Notice required by N.J.S.A. 40A:11-25, notifying Passaic County residents that the Responsible Contractor and Sub-Contractor Policy would be applicable to Public Works contracts over two hundred and fifty thousand dollars ($250,000.00), instead of the original five million dollars ($5,000,000.00) threshold set forth in resolution R-24-408 dated May 21, 2024; and

 

WHEREAS, this matter was discussed by the Administration and Finance Committee, and is being recommended to the Board for approval; and

 

NOW, THEREFORE, LET IT BE RESOLVED, pursuant to N.J.S.A. 40A:11-25, the Board of County Commissioners of the County of Passaic adopts the attached Responsible Contractor and Sub-Contractor Policy for Passaic County Public Works contracts over two hundred and fifty thousand dollars ($250,000.00).

 

LET IT BE FURTHER RESOLVED, that the Clerk of the Board shall keep a record of the proceedings and of the testimony of any citizen or prospective bidder and within ten (10) days after the completion of the public hearing scheduled on June 25, 2024, the proposed regulations and a true copy of the hearing shall be forwarded to the Director of the Division of Local Government Services for the Director’s approval.

 

LET IT BE FURTHER RESOLVED, that if the Director of the Division of Local Government Services fails to approve or disapprove of the regulations within thirty (30) days of their receipt by the Director, the regulations shall take effect without the Director’s approval.

 

LET IT BE FURTHER RESOLVED, that the Clerk of the Board, County Counsel, County Administrator, and Director of the Board are authorized to take any action necessary to carry out the purpose of this Resolution.

 

SF                                                                                                                                                                                                                                June 25, 2024