[HISTORY: Adopted by the Township Committee of the Township
of Bordentown 5-26-2020 by Ord.
No. 2020-09 (Ch. 14.01 of the 2003 Municipal Code).
Amendments noted where applicable.]
This chapter shall ensure that certain public construction contracts
with total costs that exceed $5,000,000, excluding land acquisition
costs, that the municipality directly undertakes are performed promptly,
at a reasonable cost and with the highest degree of quality. This
chapter 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.
As used in this chapter, the following terms shall have the
meanings indicated:
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.
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.
The Township in its sole discretion may exempt projects which
otherwise would fall within the purview of this chapter from the requirements
of same.
A person or entity awarded a public works contract contemplated
by this chapter.
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.
Any entity that is organized as a nonprofit or not-for-profit
entity, corporate or to otherwise as a governmental entity.
A pre-hire collective bargaining agreement between a labor
organization and the Township of Bordentown or a developer, as the
situation dictates, that contains at a minimum the requirements set
forth in this chapter.
Any public works project for the construction, reconstruction,
demolition or renovation of buildings at the public expense, other
than pumping stations or water or sewage treatment plants, for which:
It is required by law that workers be paid the prevailing wage
determined by the Commissioner of Labor pursuant to the provisions
of the New Jersey Prevailing Wage Act, P.L. 1963, c. 150 (N.J.S.A.
34:11-56.25 et seq.); and
The public entity estimates that the total cost of the project,
exclusive of any land acquisition costs, will equal or exceed $5,000,000.
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 Bordentown.
A.
The Township may include a project
labor agreement in a public works project on a case-by-case basis,
if the Township Administrator determines, taking into consideration
the size, complexity and cost of the project that, with respect to
that project, the project labor agreement complies with the requirements
of this chapter. 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, the project labor agreement must
advance the interests of the Township of Bordentown, including cost,
efficiency, quality, time, time lines and need for a skilled labor
force and safety.
B.
Agreement requirements. Each project
labor agreement executed pursuant to this chapter 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 Bordentown, 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;
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(6)
Fully conform to all statutes,
regulations and Township of Bordentown 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 chapter
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 Bordentown 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 chapter 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 Bordentown residents as their first choice
for staffing without regard of any other preferential status; and
(14)
Require that 10% of the
labor hours required shall be performed by the Bordentown Township
residents who are participating in the apprenticeship program and
that 100% of the apprentices shall be Burlington or Mercer County
residents. Upon confirmation that there are insufficient Bordentown
Township residents participating in the apprenticeship program to
satisfy the 10% of labor hours requirement, apprenticeship program
participants from other Burlington County communities or from Mercer
County may be used to satisfy this goal.
C.
Preconstruction requirements.
Contractors and labor organizations shall complete the following:
(1)
Preconstruction meeting. Not
less than 90 days prior to the commencement of construction, the contractor
will meet with the Township Administrator to present workforce needs,
which will include the job description of the positions to be filled
and the duration of the project. In addition, the contractor will
provide the construction schedule. The labor organizations will present
the contractor and the Township with the projected availability and
trades of eligible apprentices who are projected to be available to
work on the project.
(2)
Advertisement. Not less than
60 days prior to the commencement of construction, the labor organizations
will advertise in two newspapers regularly published and distributed
in Bordentown and outreach via other media, such as cable television,
the web, and/or radio. The advertisement will solicit apprenticeship
applications for each labor organization's apprenticeship program,
describe the basic requirements for admission, describe the job training
and set forth the range of salaries.
(3)
Job fairs. The labor organizations
will jointly participate in at least two job fairs to be held at a
location to be provided by the Township in order to explain the apprenticeship
programs and solicit applications from attendees. Each participating
labor organization shall pay a pro rata share of the costs of each
job fair.
A.
A requirement for local/minority
hiring goals providing that for each contractor or subcontractor performing
work on a covered project, the project labor agreement shall provide
that at least 10% of all project work hours will be performed by Bordentown
residents and at least 10% of all project work hours will be performed
by minorities and/or women. A contractor shall not be subject to enforcement
actions for violations of this section if that contractor can demonstrate
that it made good faith efforts to comply. For the purpose of this
section, good faith efforts for a contractor shall, at a minimum,
include compliance with the following:
(1)
Entry into a PLA and obtaining
letters of assent from each contractor/subcontractor.
(2)
Convene pre-bid and preconstruction
meetings to educate construction managers and subcontractors about
the local/minority hiring goals.
(3)
Cooperate with Township representative.
The contractor shall cooperate with the Township designated representative.
The Township representative shall provide services in support of the
contractor's local minority hiring goals. Among other things, the
Township representative will:
(a)
Establish a point of contact
to provide information about available job opportunities;
(b)
Develop and maintain an
up-to-date list of qualified local residents by trade and confirm
local residency;
(c)
Assist contractors with
reporting by working with contractors and the Township where appropriate.
(4)
Regularly contacting and documenting
of contact with the Township representative and providing certified
payroll and other records on a regular basis to the Township representative.
(5)
Use and documenting use of
Township-approved craft request forms sent to both unions and Township
representative. "Craft request form" means a document through which
contractors shall request workers from unions.
(6)
Requesting local, minority
and women hires from union hiring hall.
(7)
Documenting reasons for not
hiring referred candidates from target populations, if applicable.
(8)
Allowing Township representative
prompt and willing access to documentation of all of the above activities
and to the work site if required.
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 pursuant
to N.J.A.C. 17:27-7.2.
A.
Monitoring and enforcement. Each
contractor and subcontractor subject to the provisions of this chapter
shall submit to the Township a completed certified declaration of
compliance form prior to commencing work on the covered project.
B.
Contractors and subcontractors.
All contractors on projects subject to this chapter shall require
that their subcontractors comply with the provisions of this chapter.
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 Administrator 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 Equal Employment Opportunity Commission by the labor
organization.
(4)
Apprenticeship report. The
report of the labor organization that shall list the names, address
and contact information of all Bordentown residents who were accepted
in to the Apprenticeship Program. The report shall also list the names,
address and contact information of all Bordentown residents who were
rejected for admission, with the reasons for rejection and, for those
Bordentown residents who failed to finish the program, the reasons
why they failed to complete the program.
(5)
Final cost report. No later
than 90 days following project completion, the contractor shall submit
a certificate of actual total construction costs. All total construction
costs shall be certified to the Township by the project architect
and engineer and is subject to review by the Township at the time
of application for certificate of occupancy and audit by the Township.
(6)
Other reports. The contractor
or the labor organization shall furnish to the Township of Bordentown
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. All contractors
and subcontractors performing work on covered contracts shall permit
access for representatives of the Township or its designee to all
work sites and to all applicable records in order to monitor compliance
with the provisions of this chapter.
F.
Township remedies. In the event
the Township has good cause to believe that any contractor or subcontractor
has failed to comply with the provisions of this chapter, the contractor
or subcontractor shall be given written notice and afforded an opportunity
to submit a written response to the Township within 10 days of receipt
of the written notice. In the event the Township determines the contractor
or subcontractor has failed to comply with the provisions of this
chapter, the Township shall have available all remedies available
at law and equity, including but not limited to the following:
(1)
Suspending or terminating
the contract;
(2)
Completing the contract and
requiring the contractor or subcontractor to pay all damages and costs
in utilizing a substitute contractor or subcontractor;
(3)
Debarring the contractor or
subcontractor from eligibility for future Township contracts;
(4)
Assessing a daily fine and
other penalties payable to the Township. A schedule of fines and penalties
necessary to enforce this chapter shall be recommended by the Township
Administrator and enacted by ordinance of the Township Committee.
The Township shall withhold funds from any final payment due to covered
contractors in an amount sufficient to cover unpaid fees or potential
penalties for shortfalls regarding the apprenticeship requirements
of this chapter. Such fines and penalties shall be not less than 3%
nor more than 10% of the total price of the contract in question.
The Township Administrator may promulgate regulations or policies
implementing this chapter.
