Requirements Under the New Jersey Prevailing Wage Act
Pursuant to the provisions of N.J.S.A. 18A:72A-5.1 et seq., which govern purchase orders financed in whole or in part by the New Jersey Educational Facilities Authority, the Seller hereby acknowledges that the Purchase Order is subject to the provisions, duties, obligations, remedies and penalties of the New Jersey Prevailing Wage Act, Chapter 150 of the New Jersey Laws of 1963, New Jersey Department of Labor and Industry, as amended (N.J.S.A. 34: 11-56.25, et seq.).
Wage and fringe benefit rates shall be paid to all workmen as required under N.J.S.A. 34: 11-56.25, et seq. The Seller shall obtain the applicable Wage Rate Determination, as promulgated by the State of New Jersey Department of Labor and Workforce Development, which is set forth at www.state.nj.us/labor/lsse/lspubcon.html. The Wage Rate Determination in effect as of the effective date of this Purchase Order shall govern this Purchase Order. The Seller shall maintain in its file a copy of the applicable Wage Rate Determination, which shall be made available to the Buyer upon request.
The Seller shall prepare and submit to Buyer (and shall cause its Subcontractors at all tiers to prepare and submit to the Seller for submission by the Seller to Buyer) Weekly Certified Payrolls in accordance with N.J.S.A. 34: 11-56.25, et seq., commencing with the first of the Seller's Work on the Project and continuing uninterrupted until the completion of its Work. Such Weekly Certified Payrolls shall be prepared and submitted in quadruplicate with original 'inked' signatures. Failure of the Seller or any Subcontractor to prepare and submit its Weekly Certified Payrolls in a timely manner, proper in form and substance, may result in the withholding of progress payment(s) or final payment until such time as the Seller or Subcontractor corrects any such deficiencies with respect to the submission of Weekly Certified Payrolls. In addition, if it is determined that any worker has been paid less that the prevailing wage required, Buyer may terminate the Purchase Order or the subcontract in accordance with N.J.S.A. 34: 11-56.27.
The Seller and each Subcontractor shall maintain records and make them available for inspection in accordance with N.J.S.A. 34: 11-56.29. The Seller and each Subcontractor shall post the prevailing wage rates in accordance with N.J.S.A. 34: 11-56.32. The Seller and each Subcontractor shall be registered in accordance with N.J.S.A. 34:11-56.52. (e) As a condition to final payment under the Purchase Order, the Seller shall file the written statements required by N.J.S.A. 34: 11-56.33, proper in form and substance.
To the fullest extent permitted by law, the Seller and each Subcontractor shall defend, indemnify and hold Buyer and its officers, directors, employees, agents and assigns harmless from and against any and all loss, damage, liability, expense, claims, demands, and causes of action of any kind (including reasonable attorney's fees and administrative costs, incurred by Buyer), arising or allegedly arising, in any way from or in connection with the Seller's or any Subcontractor's failure to comply with the New Jersey Prevailing Wage Act, N.J.S.A. 34: 11-56.25, et seq.
Revised - 10/05