This chapter shall ensure that certain public construction contracts
with total project costs that exceed $5,000,000 which 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-wage careers
in the construction trades for a new generation of workers in the
Township. Projects which exceed the $5,000,000 threshold during the
pendency of the project shall also be subject to this chapter.
As used in this chapter, the following terms shall have the
meanings indicated:
APPRENTICE
A worker who participates in a federal 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 United States
Department of Labor or registered by a federal apprenticeship agency
recognized by the Bureau.
CONTRACTOR
A person or entity awarded a public works contract contemplated
by this chapter.
CRAFT REQUEST FORM
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.
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 United States Department of Labor.
PROJECT LABOR AGREEMENT
A contract between a contractor/labor organization and Brick
Township that contains, at a minimum, the requirements set forth in
this chapter.
PUBLIC WORKS PROJECTS
Building, altering, repairing, improving or demolishing any
public structure or facility constructed, acquired or otherwise owned
by Brick Township to house local government functions or provide water,
waste disposal, power, transportation, and other public infrastructure.
SUBCONTRACTOR
A person or entity that is engaged in or performs work or
provides materials for a contractor, as defined herein, which person
or entity may not be in privity of contract with Brick Township.
TOTAL PROJECT COSTS
Shall be inclusive of environmental work, demolition, preconstruction,
and construction costs.
The terms of this chapter are applicable to covered projects.
Covered projects include public works projects.
To the extent 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), the
statute shall control. To the extent this chapter conflicts with any
other local ordinances, this chapter shall control.
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 a manner that is consistent
with N.J.A.C. 17:27-7.2; however, a contractor shall not be subject
to enforcement actions for violations 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. Entry into a project labor agreement and obtaining letters of assent
from each contractor/subcontractor.
B. Convening prebid and preconstruction meetings to educate construction
managers and subcontractors about the apprenticeship utilization goals.
C. Cooperating with representative. The contractor shall cooperate with
the representative appointed by the Mayor to ensure compliance with
this section. The representative shall provide services in support
of the contractor's apprentice hiring goals.
D. Establish a point of contact to provide information about preapprenticeship
or apprenticeship opportunities.
E. Develop and maintain an up-to-date list of persons who have been
offered opportunities and those who are working on the project.
F. Facilitate relationships among approved apprenticeship programs and
contractors to enable prompt referrals.
G. Assist contractors with reporting by working with contractors and
their subcontractors where appropriate.
H. Regularly contacting and documenting of contact with the representative
and providing certified payroll and other records on a regular basis
to the representative.
I. Use and documenting use of Township-approved craft request forms
sent to both unions and the Township representative. "Craft request
form," as defined herein, means a document through which contractors
shall request workers from unions.
J. Requesting apprentices that are Township residents from union hiring
halls.
K. Documenting reasons for not hiring referred candidates from target
populations, if applicable.
L. Allowing the Township representative prompt and willing access to
documentation of all the above activities and to the work site if
requested.
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 Compliance
established in the State Department of the Treasury, pursuant to N.J.A.C.
17:27-7.2.