[Added 9-22-2021 by Ord. No. 17-2021]
The following words shall have the meanings set forth herein:
A registered apprenticeship program providing to each trainee
combined classroom and on-the-job training under the direct and close
supervision of a highly skilled worker in an occupation recognized
as an apprenticeable trade, and registered by the Bureau of Apprenticeship
and Training of the U.S. Department of Labor and meeting the standards
established by the Bureau, or registered by the New Jersey apprenticeship
agency recognized by the Bureau.
Any construction, reconstruction, demolition, alteration,
custom fabrication, or repair work, or maintenance work, including
painting and decorating, done under contract and paid for in whole
or in part out of the funds of a public body, except work performed
under a rehabilitation program or work performed under a contract
for road resurfacing or improvements.
Conforming in all material respects to the terms and conditions,
specifications, legal requirements, and other provisions of the request.
A.
It is hereby established that participation in a registered apprenticeship
program shall be a necessary qualification for all contractors and
subcontractors, including lower-tier subcontractors seeking to perform
work on any public works project for which the Township estimates
that the total cost of the project, exclusive of any land acquisition
costs, will equal or exceed $250,000.
B.
All bidders on public works projects for which the Township estimates
that the total cost of the project, exclusive of any land acquisition
costs, will equal or exceed $250,000 shall provide evidence that,
at the time of the bid, the bidder and all of the bidder's subcontractors
participate in registered apprenticeship programs for each of the
trades of work contemplated under the awarded contract for which a
registered apprenticeship program exists. Any bidder who fails to
submit such evidence shall not be deemed a responsible bidder.
C.
It shall be a term and condition of any and all contracts for a public
works project for which the Township estimates that the total cost
of the project, exclusive of any land acquisition costs, will equal
or exceed $250,000 that all lower-tier subcontractors (e.g., subsubcontractors
and below) must provide evidence of participation in registered apprenticeship
programs for each of the trades of work contemplated under the awarded
contract prior to execution of any subcontract governing work on the
public works project and prior to performing any work on said public
works project.
The requirements of this article shall be incorporated into
the Township's bid specifications and contracts for public works projects
for which the Township estimates that the total cost of the project,
exclusive of any land acquisition costs, will equal or exceed $250,000.
Any violation of this article may constitute a breach of such contract.
Upon adoption, a certified copy of this article shall be submitted
to the Director of the Division of Local Government Services for approval
together with such other documents as shall be required by Director,
in accordance with the requirements of Local Finance Notice 2016-12
or such successor directive issued by the Division of Local Government
Services prior to adoption of this article. Local Finance Notice 2016-12
requires the submission of the following documents in addition to
the ordinance:
A.
Copies of the two newspaper legal advertisements, and any other advertisements,
for the public hearing;
B.
Certified and sealed copy of the governing body's resolution (by
the governing body's Clerk or Secretary) adopting the regulations;
C.
A true, certified and sealed copy of the transcript of the public
hearing held pursuant to N.J.S.A. 40A:11-25. The transcript shall
be certified by the governing body's Clerk or Secretary; and
D.
A completed, certified and sealed (by the governing body's Clerk
or Secretary) standard certification form.
E.
Notwithstanding the foregoing, in accordance with N.J.S.A. 40:11-25,
this article shall not take effect unless and until this article and
required accompanying documentation have been submitted to the Director
for approval in accordance with this article, and either 1) the Director
grants such approval in writing, or 2) the Director fails to approve
or disapprove the ordinance within 30 days of its receipt by the Director.
F.
In the event the Director approves this article only for a limited
duration, this article shall cease to be effective, and shall no longer
constitute a requirement for bidding for or performing work under
a contract advertised subsequent to the expiration of such approval.
