[HISTORY: Adopted by the City Council of the City of Perth
Amboy 6-23-2021 by Ord. No. 1978-2021. Amendments noted where applicable.
For the purposes of this chapter, the following terms shall
have the meanings indicated:
A form of redevelopment area financing involving a disbursement
of monies from the City's Affordable Housing Trust Fund as provided
in the City's Affordable Housing Spending Plan, to a developer,
given in order to ensure the inclusion of on-site affordable housing
at the developer's project, for the duration of the tax exemption.
A worker who participates in a federal or state apprenticeship
program or, as an apprentice equivalent, participates in a U.S. Department
of Labor or State of New Jersey Department of Labor approved training
program, takes a construction apprenticeship test, and receives benefits
and pay not less than those received by an apprentice.
An apprenticeship program and registered by the Bureau of
Apprenticeship and Training of the U.S. Department of Labor or an
apprenticeship equivalent program as that term is used by the State
of New Jersey in the Abbot Project Labor Agreement either approved
and funded by the New Jersey Department of Labor as of January 1,
2003.
The Mayor, the Municipal Council, the Corporation Counsel,
and/or the Business Administrator of the City of Perth Amboy, or any
of their designees.
A form of redevelopment area financing which provides monies
that can be used to revitalize neighborhoods, expand affordable housing
and economic opportunities, and/or improve community facilities.
An entity that is developing a project that has a total construction
cost that is equal to, or in excess of, $15,000,000, exclusive of
any land acquisition costs, and has received 1) a tax exemption pursuant
to N.J.S.A. 40A:20-1 et seq. (the "Long-Term Tax Exemption Statute")
or a tax exemption pursuant to N.J.S.A. 40A:21-1 et seq., (the "Five-Year
Tax Exemption Statute") and 2) is a recipient of some form of redevelopment
area financing (RAF) such as, but not limited to, a redevelopment
area bond (RAB) pursuant to N.J.S.A. 40A:12A-64 et seq. or any other
form of municipal financing/funding, such as an Affordable Housing
Trust Fund Grant, pursuant to N.J.A.C. 5:93-8.16, a community development
block grant (CDBG), a direct payment to the developer by the City
in the form of rent, or 3) if the entity is the recipient of a construction
contract awarded by the City/Town for a public construction project
or is engaged in construction subject to the New Jersey Prevailing
Wage Act, N.J.S.A. 34:11-56.25 et seq.
The certificate that is issued by the Office of the Construction
Official from the City of Perth Amboy upon completion of the project
indicting that the structure is ready for occupancy.
A skilled worker who is a member of a labor organization
and who has successfully completed an official apprenticeship qualification
in a building trade or craft.
An organization which represents, for purposes of collective
bargaining, employees involved in the performance of public construction
projects or an RAF project, that has the present ability to refer,
provide or represent sufficient numbers of qualified employees to
perform the contracted work and has an apprenticeship program.
The number of hours worked multiplied by the number of employees
performing such work.
Collectively, a public construction project and a redevelopment
area financing project.
The determination by the City that the project, in whole
or in part, is ready for the use intended, which ordinarily shall
mean the date on which the project receives its final certificate
of occupancy.
A contract between a labor organization and a developer for
construction jobs, that contains at a minimum the requirements set
forth in this chapter.
A construction project involving a contract entered into
by the City using public funds or a project subject to the New Jersey
Prevailing Wage Act, N.J.S.A. 34:11-56.25 et seq., the total cost
of which is equal to or exceeds $5,000,000, exclusive of any land
acquisition costs.
A form of redevelopment area financing whereby the City sells
bonds pursuant to N.J.S.A. 40A:12A-64 et seq. (the "RAB Law") in order
to fund infrastructure improvements and other project costs.
Financing available to a developer by the City pursuant to
the N.J.S.A. 40A:12A-64 et seq. or any other form of municipal financing/funding,
such as an Affordable Housing Trust Fund grant, pursuant to N.J.A.C.
5:93-8.16, a community development block grant, or a direct payment
to the developer by the City in the form of rent.
A project that has a total construction cost that is equal
to or exceeds $15,000,000, exclusive of any land acquisition costs,
and which 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) some form of redevelopment
area financing, such as an Affordable Housing Trust Fund grant pursuant
to N.J.A.C. 5:93-8.16, a community block development grant, or a redevelopment
area bond.
Any person who currently lives in Perth Amboy and who has
lived in Perth Amboy for the previous 12 consecutive months.
Any public construction project that is not completed but
is near completion by virtue of the project receiving a temporary
certificate of occupancy from the office of the Construction Official
of the City of Perth Amboy.
A certificate that is issued by the office of the Construction
Official when a project has been substantially completed, provided
that such portion or portions may be occupied safely prior to full
completion of the building or structure without endangering health
or safety.
All costs, including infrastructure, excluding only land
acquisition costs, incurred to construct a project through the date
of completion, that is, the date the final certificate of occupancy
is issued. Total construction cost shall generally be determined in
accordance with the industry standard of Marshall and Swift Valuation,
but including the cost of piling and soil compaction. Total construction
cost must include any construction cost constituting as an element
of total project cost under N.J.S.A. 40A:20-3(h)(4).
A skilled job, typically one requiring manual skills and
special training, such as carpentry, masonry, and plastering that
are primarily concerned with the construction and finishing of buildings.
A.
All redevelopment area financing (RAF) projects as defined herein
and all requests for proposals, specifications and final contracts
for public construction projects, which exceed $5,000,000, exclusive
of any land acquisition costs, shall require the execution of a project
labor agreement that complies with the requirements of this chapter.
The Business Administrator may, having taken into consideration the
nature, size and complexity of the project, determine that a project
labor agreement is not required. In all cases where a project labor
agreement is utilized, it must advance the interests of the City including
cost, efficiency, quality, timelines, and need for a skilled labor
force and safety.
B.
All project labor agreements shall contain the following terms pursuant
to this section and in accordance with N.J.S.A. 52:38-1 et seq.:
(1)
A guarantee that there will be no strikes, lockouts, or other similar
actions.
(2)
Procedures to insure the effective, immediate, and mutually binding
resolutions of jurisdictional and labor disputes arising before the
completion of the work.
(3)
A provision to bind all contractors and subcontractors on the project
in all relevant documents.
(4)
Evidence that each contractor and subcontractor working on the project
has a local federally registered apprenticeship program.
(5)
Conformity with all statutes, regulations and City ordinances regarding
the implementation of the City's goals for women and minority-owned
businesses.
(6)
State that contractors and subcontractors need not be a party to
a labor agreement with the applicable labor organization other than
for the project covered by the project labor agreement.
(7)
State that any and all Perth Amboy residents who are already in any
signatory union or an apprenticeship program shall be referred to
contractors or subcontractors who request them.
(8)
A requirement that 20% of the labor person hours required shall be
performed by Perth Amboy residents who are apprentices. However, if
the labor organization can demonstrate that fulfilling this requirement
is not possible because there are not enough apprentices available,
despite good faith efforts by the labor organization to increase enrollment
of Perth Amboy residents in their apprenticeship programs, the required
percentages of apprentices will be decreased accordingly.
(9)
An appendix providing a wage and benefit schedule for residential
construction projects of four stories or under.
(10)
A requirement that developers and labor organizations complete
the following pre-construction actions:
(a)
Initial meeting. Prior to a financial agreement being executed
between the City and the developer, and prior to a project labor agreement
being executed between the developer and the labor organizations,
the developer, the general contractor, and a representative from the
labor organizations must all meet with the Business Administrator
to 1) assess the general contractor's respective workforce needs,
2) discuss the general contractor's construction and procurement
schedule, and 3) for the Business Administrator to specify any and
all procedures necessary and proper in carrying out the enlisted requirements
within this chapter.
(b)
Preconstruction meeting. Prior to the commencement of construction,
the developer, the general contractor, and a representative from the
labor organizations must all meet with the Business 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 developer and/or the general contractor must provide
the Business Administrator with their construction and procurement
schedules. The labor organizations must present the developer and
the City with the names, addresses, and trades of all eligible apprentices
who are available to work on the project.
(c)
Advertisement. Not more than 60 days after the initial meeting,
each labor organization must advertise for prospective apprentices
within their respective trade in at least two newspapers regularly
published and distributed in the City and outreach via other media,
such as cable television, the web, and/or radio. These advertisements
from each labor organization must do the following: 1) solicit apprenticeship
applications for their respective apprenticeship programs, 2) describe
the basic requirements for admission into their respective apprenticeship
programs, 3) describe the job training associated with their apprenticeship
programs, 4) state the date or dates for their respective apprenticeship
tests, and 5) set forth the range of salaries.
(d)
Job fairs. Developer and the labor organizations will jointly
conduct two job fairs to be held at a location provided the City in
order for the labor organizations to explain the apprenticeship programs
and solicit applications from attendees. Each participating developer
shall pay a pro rata share of the costs of each job fair.
Any residential project which shall maintain more than 50% of
the entire project's gross square footage as affordable housing
as such term is defined in the Fair Housing Act, N.J.S.A. 52:27D-301
et seq., shall be exempt from the requirement of a project labor agreement.
The developer shall submit the following reports to the Business
Administrator on the 15th day of each month for the previous month,
in a format provided by the Business Administrator, for each year
of construction until project completion:
A.
Manning report. This report, which is provided by the developer's
general contractor, must accurately reflect 1) the total work hours
in each construction trade or craft and 2) the number of hours worked
by Perth Amboy residents and apprentices, in each trade or craft,
and 3) will list separately the work hours performed by such employees
of the general contractor who are actually performing work on the
site and each of its subcontractors during the previous quarter.
B.
Certified payroll report. This certified report, which is provided
by the developer's general contractor, must specify the residence,
gender and ethnic/racial origin of each worker, broken down by trade,
along with their respective work hours, and the rate of pay and benefits
provided.
C.
Equal employment opportunity reports. The labor organization's
local union report (EEO-3) and apprenticeship information report (EEO-2),
which are required to be filed with the U.S. Equal Employment Opportunity
Commission by the labor organization.
D.
Apprenticeship report. The report of the labor organization that
shall list the names, addresses and contact information of all persons
who were accepted into the apprenticeship program. The report shall
also list the names, addresses and contact information of all persons
who were rejected for admission, with the reasons for their rejection,
and, for those who failed to finish the program, the reasons why they
failed to complete the program.
E.
Other reports. The developer and/or labor organization shall furnish
to the City and/or the Business Administrator any and all reports
or other documents to the City as the City may reasonably request
from time to time in order to carry out the purposes of this chapter.
F.
Records. Records to support the work hours stated in the above reports
must be maintained for a period of three years after project completion.
All records shall be made available to the City upon 10 days'
prior written notice.
In the event that either the developer and/or the labor organization
should violate this chapter, the developer or labor organization shall
be provided with a written notice of default allowing the developer
or labor organization 10 days to cure the default. Should the developer
or labor organization fail to cure, the City may seek any and all
remedies available to it at law or equity for failure to comply with
this chapter. Such remedies include, but are not limited to, compelling
the developer and/or the labor organization to complete a remedial
employment action plan, pay liquidated damages or the City may elect
to terminate the RAF and/or the tax exemption.
