[3-17-2021 by Ord. No.
21-05]
This chapter shall ensure that large construction projects with
total costs that exceed $5,000,000, excluding land acquisition costs
and certain public construction contracts with total costs that exceed
$5,000,000 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 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.
[3-17-2021 by Ord. No.
21-05]
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 United States
Department of Labor or registered by a federal apprenticeship agency
recognized by the Bureau.
The Borough 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 project or contract
on a publicly funded project contemplated by this chapter.
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.
The recipient of financial assistance for a redevelopment
area financing project or the contractor for a public works project.
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 United States Department of Labor.
Any entity that is organized as a nonprofit or not-for-profit
entity, corporate or otherwise as a governmental entity.
Any organization which conducts a profit-making business
and is not otherwise organized as a nonprofit organization or governmental
entity.
A contract between a contractor/labor organization, and a
developer and/or the Borough of Woodland Park that contains, at a
minimum, the requirements set forth in this chapter.
Building, altering, repairing, improving or demolishing any
public structure or facility constructed, acquired or otherwise owned
by the Borough of Woodland Park to house local government functions
or provide water, waste, disposal, power, transportation and other
public infrastructure.
Includes public works projects that the Borough of Woodland
Park directly undertakes with total costs that exceed $5,000,000 and
redevelopment area financing projects with total costs that exceed
$5,000,000.
A project that has a total construction cost that is equal
to or exceeds $5,000,000, exclusive of any land acquisition costs,
which and receives 1) a tax exemption pursuant to N.J.S.A. 40A:20-1
et seq. or N.J.S.A. 40A:21-1 et seq. and 2) receives some form of
redevelopment area financing such as an affordable housing trust fund
grant, a community block development grant, or a redevelopment area
bond.
A person or entity that is engaged or performs work or provides
materials for a contractor or developer as defined herein, which person
or entity may or may not be in privity of contract with the Borough
of Woodland Park.
Shall be inclusive of environmental work, demolitions, preconstruction
and construction costs.
[3-17-2021 by Ord. No.
21-05]
The terms of this chapter, set forth in § 37-4 below are applicable to covered projects. "Covered projects" includes public works and publicly funded projects.
[3-17-2021 by Ord. No.
21-05]
To the extent of any of the provisions of this chapter 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 the provisions of this chapter conflict with the Borough's
ordinance implementing an Affirmative Action Program (Ordinance No.
7 of 1982), this chapter shall prevail. To the extent this chapter
conflicts with any additional local ordinances, this chapter shall
control.
[3-17-2021 by Ord. No.
21-05]
a.Â
Projects Labor Agreement Required. Public works projects and publicly
funded projects shall require the execution of a project labor agreement
that complies with the requirements of this chapter, unless the Borough
determines that it is in the best interests of the Borough to waive
this requirement. The agreement shall either be directly entered into
with a labor organization or the award of the contract shall be made
on the conditions that the construction manager for the contract shall
negotiate a project labor agreement in good faith with one or more
labor organizations.
b.Â
Project Labor Agreement Requirements. Each project labor agreement
executed pursuant to this chapter shall be in conformity with N.J.S.A.
52:38-1 et seq. (P.L. 2002, c. 44).
1.Â
Advance the interests of the Borough of Woodland Park, including
the interests in cost, efficiency, quality, timeliness, skilled labor
force, and safety;
2.Â
Contain guarantees against strikes, lockouts, or other similar actions;
3.Â
Set forth effective, immediate, and mutually binding procedures for
resolving jurisdictional and labor disputes arising before the completion
of the work;
4.Â
Be made binding on all contractors and subcontractors on the project
in all relevant documents, including bid specifications;
5.Â
Require that each contractor and subcontractor working on the project
utilize have an apprenticeship program as defined herein;
6.Â
Fully conform to all statutes, regulations and Borough of Woodland
Park 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.Â
Include a publicly available plan which is in full conformance with
the requirements of all applicable statutes, regulations, executive
orders and Borough ordinances and is mutually agreed upon by the participating
labor organizations and the public entity or the developer which will
own the facilities which are built, altered or repaired under the
project, 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.Â
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.Â
Require the Borough 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 Borough to make public, or have the state agency make public,
all records of monitoring conducted pursuant to N.J.S.A. 52:38-1 et
seq. (P.L. 2002, c. 44), this chapter and the project labor agreement;
10.Â
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 Woodland Park residents
were not in line for referral under normal hiring hall procedures;
11.Â
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.Â
State that the terms of the project labor agreement shall prevail
over conflicting terms of any collective bargaining agreements;
13.Â
Require that the labor organization utilize members who are Woodland
Park residents as their first choice for staffing without regard of
any other preferential status; and
14.Â
Require that 10% of the labor hours required shall be performed by
the Woodland Park residents who are participating in the apprenticeship
program and that 100% of the apprentices shall be Passaic County residents.
c.Â
Advertisement. At such time as its sponsored apprentice program is
seeking applications, the labor organization will advertise in two
newspapers regularly published and distributed in the Borough and
outreach via other media, such as cable television, the internet and/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.Â
Preconstruction Meeting. Not less than 30 days prior to the commencement
of construction, the developer shall meet with the appropriate Borough
officials, 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 developer will provide the construction schedule to the respective
director or his or her designee. The labor organization will present
the developer 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.
e.Â
Job Fairs. The developer and the labor organization will jointly
participate in a job fair to be held in the Borough in order to explain
the apprenticeship program and solicit applications from attendees.
[3-17-2021 by Ord. No.
21-05]
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 manner that is consistent
with N.J.A.C. 17:27-7.2; however, a contractor shall not be subject
to enforcement actions for violation 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.Â
Entry into a project labor agreement and obtaining letters of assent
from each contractor/subcontractor;
b.Â
Convening pre-bid and preconstruction meetings to educate construction
manager and subcontractors about the apprenticeship utilization goals;
c.Â
Cooperating with Borough representative. The contractor shall cooperate
with the representative appointed by the Borough to ensure compliance
with this section. The representative shall provide services in support
of the contractor's apprentice hiring goals;
d.Â
Establish a point of contact to provide information about pre-apprenticeship
or apprenticeship opportunities;
e.Â
Develop and maintain an up-to-date list of persons who have been
offered opportunities and those who are working on the project;
f.Â
Facilitate relationships among approved apprenticeship programs and
contractors to enable prompt referrals;
g.Â
Assist contractors with reporting by working with contractors and
the representative where appropriate;
h.Â
Regularly contacting and documenting of contact with the representative
and providing certified payroll and other records on a regular basis
to the representative;
i.Â
Use and documenting use of Borough-approved craft-request forms sent
to both unions and Borough representative craft-request form, as defined
herein means a document through which contractors shall request workers
from unions;
j.Â
Requesting apprentices that are Borough residents from union hiring
halls;
k.Â
Documenting reasons for not hiring referred candidates from target
populations, if applicable;
l.Â
Allowing the Borough representative prompt and willing access to
documentation of all of the above activities and to the work site
if requested.
[3-17-2021 by Ord. No.
21-05]
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.
[3-17-2021 by Ord. No.
21-05]
a.Â
Monitoring and Enforcement. Each contractor and subcontractor subject
to the provisions of this chapter shall submit to the Borough a completed
certified declaration of compliance form prior to commencing work
on the covered project.
b.Â
Contractors and Subcontractors. All contractors on covered projects
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 Borough. Copies of such agreements shall be submitted
to the Borough.
c.Â
Reports. All contractors and subcontractors shall report to the respective
director 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.Â
Manning Report. The developer's/contractor's report, as
the case may be, will accurately reflect the total hours in each construction
trade or craft and the number of hours worked by Borough 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.Â
Certified Payroll Report. The developers/contractors, as the case
may be, that will specify the residence, gender and ethnic/racial
origin of each worker, work hours, and the rate of pay and benefits
provided.
3.Â
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.Â
Apprenticeship Report. The report of the labor organization that
shall list the names, address and contact information of all Woodland
Park residents who were accepted in to the apprenticeship program.
The report shall also list the names, address and contact information
of all Woodland Park residents who were rejected for admission, with
the reasons for rejection and, for those Woodland Park residents who
failed to finish the program, the reasons why they failed to complete
the program.
5.Â
Total Cost Report. In the event construction permits have been issued
and more than 12 months has expired from the date of the adoption
of the ordinance approving the tax abatement, the developer shall
be required to resubmit a current estimate of total construction costs
to ensure that the total construction costs do not exceed $5,000,000
or it will be deemed that this chapter applies.
6.Â
Final Cost Report. No later than 90 days following project completion,
the developer shall submit a certificate of actual total construction
costs. All total construction costs shall be certified to the Borough
by the project architect and engineer and is subject to review by
the Borough at the time of application for certificate of occupancy
and audit by the Borough.
7.Â
Other Reports. The developer or the labor organization shall furnish
to the Borough of Woodland Park such further information, documents
or reports as shall be requested.
d.Â
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 Borough or its designee and upon
inspection without notice.
e.Â
Site and Records Access. All developers, contractors and subcontractors
performing work on covered contracts shall permit access for representatives
of the Borough or its designee to all work sites and to all applicable
records in order to monitor compliance with the provisions of this
chapter. In the event the Borough 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 for a hearing before the appropriate
Borough official prior to the imposition of the sanctions set forth
in this section. The decision of the respective director(s) shall
be final.
f.Â
Borough Remedies. In the event the Borough has good cause to believe
that any contractor or subcontractor on either a publicly funded project
or a public works project has failed to comply with the provisions
of this chapter, said contractor or subcontractor shall be given written
notice of their alleged noncompliance and afforded an opportunity
to submit a written response to the Borough. In the event the Borough
determines that any contractor or subcontractor on either a publicly
funded project or a public works project has failed to comply with
the provisions of this chapter, it shall have available all remedies
available at law or in equity, which shall include but not be limited
to the following:
1.Â
Suspending or terminating the contract, grant, subsidy agreement,
or tax abatement agreement in question;
2.Â
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 their performance bond;
3.Â
Debarring the developer, contractor or subcontractor from eligibility
for future Borough contracts and for financial assistance;
4.Â
Assessing liquidated damages in the amount of 5% of the value of
the contract or subsidy in question;
5.Â
Late filing of any report or record or the prohibition of any access required for same under Subsections c, d or e hereof may result in a fine of $1,000 per day for each day that the report is late for up to 15 days. After 15 days, the failure to provide same shall constitute a material breach and the above remedies shall apply;
6.Â
Such other remedies available at law or in equity.
[3-17-2021 by Ord. No.
21-05]
a.Â
The Borough shall include language in all grant agreements or other
documents approved by the Borough Council providing financial assistance
on covered projects, including financial agreements in connection
with long-term tax abatements, requiring compliance with this chapter.
b.Â
Any advertisement for a public works project published 60 days or
more following the effective date of this chapter shall contain provisions
conditioning the award of any contract on compliance with this chapter.
