New Jersey Administrative Code
Title 16 - TRANSPORTATION
Chapter 20A - COUNTY LOCAL AID
Subchapter 6 - PROJECT AGREEMENTS AND CONTRACTS
Section 16:20A-6.2 - Award of contract

Universal Citation: NJ Admin Code 16:20A-6.2

Current through Register Vol. 56, No. 18, September 16, 2024

(a) Subject to the notification and approval pursuant to N.J.A.C. 16:20A-6.1, and in accordance with the provisions of the Local Public Contracts Law, N.J.S.A. 40A:11-1et seq., the county shall advertise and award for construction contracts for a project being advanced by the county and listed in its ATP. Additionally, for all projects funded, in whole or in part, out of funds from the local aid program, each bidder on a construction contract valued at more than $ 5,000,000 shall be prequalified by the New Jersey Department of Transportation.

(b) Thirty calendar days prior to the date of advertisement, the county shall submit the following to the appropriate district office:

1. One copy of the contract plans and specifications;

2. One copy of the engineer's estimate of costs;

3. A certification from the county engineer or consulting project engineer certifying conformance to design standards and specifications set forth in N.J.A.C. 16:20A-5 and setting forth any required design exception justification or pre-approved alternative specification; and

4. A certification by the appropriate county official that all right-of-way is available for the project or that it will be available at the time of contract award.

(c) If a project is advertised for bid prior to submitting the items in (b) above, the project may be subject to re-advertising. The county shall be responsible for all costs associated with the re-advertisement.

(d) The Department will review the submission items in (b) above, and if found acceptable, notify the county that it can advertise the project. If the submission is found unacceptable, the county may make the necessary corrections and modifications and resubmit the project for approval to advertise.

(e) Within 30 calendar days following the award of the contract to the lowest responsible bidder, the county shall submit the following to the appropriate district office:

1. One copy of the summary of construction bids showing all bid quantities, unit prices and extensions;

2. A fully executed resolution awarding the contract to the lowest responsible bidder, subject to the approval of the Department;

3. A certification from the appropriate county official that all right-of-way is available for the project, if such certification was not already provided prior to advertisement;

4. An invoice for 100 percent of the contract award amount, up to the countys available balance, whichever is less; and

5. For projects using discretionary funds pursuant to 16:20A-1.2(b), a county may invoice up to 75 percent of the award amount or 75 percent of the approved project amount, whichever is less. The Department will pay the remainder of the percentage of the final eligible costs of the project up to the approved project amount, upon receipt of the final payment voucher and supporting documentation of the project costs.

(f) When all information relative to the bidding has been approved by the Department, the county shall be advised of the Departments concurrence with the award of the contract, and will be provided an award concurrence date through SAGE.

1. Any construction undertaken prior to the award concurrence date shall be subject to non-participation by the Department.

2. No third party shall be entitled to challenge a decision of the Department to approve or disapprove the award of any contract under this chapter.

(g) Local government entity grant recipients shall be prohibited from using local aid program funds to support the work of any of the local government entity's employees on any construction projects funded, in whole or in part, out of funds from the local aid program.

(h) The construction contracts for all projects funded, in whole or in part, out of funds from the local aid program shall be made and awarded in accordance with N.J.S.A. 40A:11-1et seq.

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