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:
APPRENTICE
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.
APPRENTICE PROGRAM
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.
CERTAIN PROJECTS
The Township in its sole discretion may exempt projects which
otherwise would fall within the purview of this chapter from the requirements
of same.
CONTRACTOR
A person or entity awarded a public works contract contemplated
by this chapter.
LABOR ORGANIZATION
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.
NOT-FOR-PROFIT
Any entity that is organized as a nonprofit or not-for-profit
entity, corporate or to otherwise as a governmental entity.
PROJECT LABOR AGREEMENT
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.
PUBLIC WORKS PROJECT
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:
A.
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
B.
The public entity estimates that the total cost of the project,
exclusive of any land acquisition costs, will equal or exceed $5,000,000.
SUBCONTRACTOR
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.
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.
The Township Administrator may promulgate regulations or policies
implementing this chapter.