[HISTORY: Adopted by the Township Committee of the Township
of Maplewood 3-21-2023 by Ord. No. 3090-23. Amendments noted where applicable.]
This chapter shall ensure that any construction contract entered
into by the Township of Maplewood using public funds, the total cost
of which is equal to or exceeds $5,000,000, exclusive of any land
acquisition costs, and any development project with a total construction
cost that is equal to, or in excess of, $10,000,000, exclusive of
any land acquisition costs, and which receives an abatement of property
taxes and additional financial support from the Township of Maplewood,
is performed promptly, at a reasonable cost, and with the highest
degree of quality. This chapter also creates opportunities to employ
apprentices, thus expanding access to living wage careers in the construction
trades for a new generation of workers.
To effectuate the purposes of this chapter, these terms shall
have the following meanings:
A form of redevelopment area financing involving a disbursement
of monies from the Township's affordable housing trust fund 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 program registered by the
Bureau of Apprenticeship and Training of the U.S. Department of Labor
(DOL), or an apprenticeship equivalent program either approved and
funded by the New Jersey Department of Labor as of January 1, 2003,
who takes a construction apprenticeship test and receives benefits
and pay not less than those received by an apprentice.
An apprenticeship program 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.
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.
A person or entity awarded a construction contract on a public
construction project.
A person employed in a trade as defined herein at either
the apprentice or journeyman level.
An entity that is developing a project that has a total construction
cost that is equal to, or in excess of, $10,000,000, 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
Exemption and Abatement 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 or a direct payment to the developer
by the Township in the form of rent.
The certificate that is issued by the Township's Construction
Official upon completion of the project indicating 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 trained in a particular trade, involved in the
performance of a public construction project or 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.
Any person who is identified as Black, Asian, Hispanic, or
American Indian as codified in N.J.A.C. 17:27-2.1.
Any officer, director, or individual who directly or indirectly
holds any beneficial interest in or ownership of the securities of
the business and/or any employee of the business who is empowered
by title or by explicit assignment to authorize the procurement, purchase,
or contracting of equipment, goods, services, or supplies whatsoever
involving an expenditure of $1,000 or greater.
The determination by the Township 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.
Any construction contract entered into by the Township using
public funds, 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 Township
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.
A project that has a total construction cost that is equal
to or exceeds $10,000,000, exclusive of any land acquisition costs,
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) 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.
Any person who currently lives in the Township.
A person or entity that is engaged or performs work for a
contractor or developer as defined herein, which person or entity
may or may not be in privity of contract with the Township.
Any construction project that is not completed but is near
completion by virtue of the project receiving a temporary certificate
of occupancy from the Township's Construction Official.
A certificate that is issued by the Township's 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 & Swift Valuation®, but including the cost of piling and soil compaction.
Total construction cost must include any construction cost constituting
an element of total project cost under N.J.S.A. 40A:20-3h(4).
The Township of Maplewood, Maplewood Township Committee and/or
Maplewood Township Administrator, or any of their designees.
A skilled job, typically one requiring manual skills and
special training, such as carpentry, masonry, and plastering, that
is primarily concerned with the construction and finishing of buildings.
A female or females, regardless of race.
A.
All public construction projects, as defined herein, which equal
or 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.
B.
All redevelopment area financing (RAF) projects, as defined herein,
which equal or exceed $10,000,000, exclusive of any land acquisition
costs, shall require the execution of a project labor agreement that
complies with the requirements of this chapter.
C.
In all cases where a project labor agreement is utilized, it must
advance the interests of the Township, including cost, efficiency,
quality, time lines, and need for a skilled labor force and safety.
D.
The Township Administrator may, having taken into consideration the
nature, size and complexity of the project, determine that a project
labor agreement is not required, subject to approval by the Township
Committee.
E.
All project labor agreements shall contain the following terms:
(1)
A guarantee that there will be no strikes, lockouts, or other similar
actions;
(2)
Procedures to ensure 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 Township ordinances
regarding the implementation of the Township's goals for women-
and minority-owned businesses;
(6)
A requirement that the labor organization utilize members who are
Maplewood residents as their first choice for staffing without regard
of any other preferential status;
(7)
A requirement that 10% of the labor hours as defined herein shall
be performed by Maplewood residents who are participating in the apprenticeship
programs and that 100% of the apprentices shall be Essex County residents;
(8)
A requirement that developers and labor organizations complete the
following preconstruction actions:
(a)
Initial meeting. Prior to a financial agreement being executed
between the Township 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 Township Administrator
and Township Attorney or any of their designees to:
(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 Township Administrator
and Township Attorney or any of their designees 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 Township Administrator
and Township Attorney or any of their designees their construction
and procurement schedules. The labor organizations must present the
developer and the Township with the names, addresses, and trades of
all eligible apprentices who are available to work on the project.
Additionally, the Township Administrator and Township Attorney or
any of their designees shall specify any and all procedures necessary
and proper in carrying out the enlisted requirements within this section.
(c)
Advertisement.
[1]
Not more than 60 days after the initial meeting, each labor
organization must advertise for prospective apprentices within their
respective trade. These advertisements from each labor organization
must do the following:
[a]
Solicit apprenticeship applications for their respective apprenticeship
program;
[b]
Describe the basic requirements for admission into their respective
apprenticeship program;
[c]
Describe the job training associated with their apprenticeship
program;
[d]
State the date or dates for their respective apprenticeship
tests; and
[e]
Set forth the range of salaries.
[2]
The Township and labor organization shall mutually agree on
a print and social media advertising campaign.
(d)
Job fairs. The Township, developer and labor organization will
jointly sponsor at least two job fairs each year for each year of
construction until project completion. The job fairs are to be held
at a location to be provided by the Township for purposes of explaining
the apprenticeship programs and soliciting applications from attendees.
A.
Any residential project which shall maintain more than 50% of the
entire project's gross square footage as affordable housing shall
be exempt from the requirement of a project labor agreement.
B.
In the event an application for an RAF financing project contains
an estimate of total project cost that is less than $10,000,000, but
upon project completion is determined to have a total construction
cost equal to or exceeding $10,000,000, then the project service charge
shall be increased as follows:
(1)
Long-term tax exemption: by an additional 2% of total project cost,
or 5% of annual gross revenue, as applicable; or
(2)
Five-year tax exemption: The phase-in for each year shall be increased
by an additional 10% or, if applicable, the improvement assessment
increased by 5%.
(3)
The above increases shall be retroactive to the date of substantial
completion and shall apply for each and every year of the entire term
of the RAF financing project.
A.
All developers of RAF projects, whether subject to a project labor
agreement or not, shall submit a detailed certification of the estimated
total construction cost with its application for any tax exemption,
which shall be made available to the public.
B.
In the event construction permits are issued and more than 12 months
have expired from the date of the adoption of the ordinance approving
the RAF financing, the developer shall be required to resubmit a current
estimate of total construction costs to ensure that the total construction
costs do not exceed $10,000,000 or a project labor agreement shall
be required.
C.
No later than 90 days following project completion, the developer
shall submit a certification of actual total construction cost certified
to the Township by the project's architect and engineer. Total
construction cost is subject to review by the Township at the time
of application and may be audited by the Township upon project completion.
The Township's audit cost for the project shall be paid by the
developer.
D.
The project labor agreement shall require the submission of the following
reports to the Township Administrator and Township Attorney or any
of their designees on the 15th day of each month for the previous
month, in a format provided by the Township Administrator and Township
Attorney or any of their designees, for each year of construction
until project completion:
(1)
Manning report. This report, which is provided by the developer's
general contractor, must accurately reflect the total work hours in
each construction trade or craft and the number of hours worked by
minorities and/or women in each trade or craft and 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.
(2)
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.
(3)
Equal employment opportunity reports. The labor organizations must
provide to the Township Administrator and Township Attorney or any
of their designees copies of each of their local union reports (EEO-3)
and each of their apprenticeship information reports (EEO-2), which
are required to be filed with the United States Equal Employment Opportunity
Commission.
(4)
Apprenticeship report. This report from all of the labor organizations,
which must be provided to the Township Administrator and Township
Attorney or any of their designees each month, shall list all of the
names, addresses, and contact information of all persons who were
accepted into each labor organization's apprenticeship program.
The report shall also list the names, addresses, and contact information
of all Township residents who were rejected for admission into each
labor organization's apprenticeship program with the reasons
for their rejection. For those Township residents who failed to finish
the program, the report must provide the reasons why they failed to
complete the program.
(5)
Other reports. The developer and/or labor organizations shall furnish
to the Township Administrator and Township Attorney or any of their
designees any and all reports or other documents as the Township may
reasonably request from time to time in order to carry out the purposes
of this section.
(6)
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 Township upon 10 days'
prior written notice.
(7)
Site access. Representatives of the Township shall be permitted to
have appropriate access to all work sites in order to monitor compliance.
A.
Interagency cooperation. The Township will solicit the support of
the South Orange/Maplewood Board of Education, Essex County College,
Essex County Vo-Tech School, community and civic organizations, and
houses of worship in order to maximize participation in the apprenticeship
program among eligible Township residents.
B.
Preparatory services. The Township shall be responsible for the development
of a program to provide all necessary preparatory services for enrolled
pre-apprentices, including assistance with GED preparation, obtaining
a driver's license, mentoring and other supportive services for
pre-apprentices. The pre-apprenticeship program shall be operated
in such a manner that its successful graduates will be equipped and
eligible for entry into the apprenticeship programs of a labor organization.
C.
Monitoring. The Township shall be responsible for the selection,
operation and supervision of pre-apprenticeship programs that may
be operated by private entities and shall retain authority to review
and approve the curriculum and procedures used to recruit and select
participants.
A.
The Township Administrator shall be the primary office authorized
to implement and enforce this chapter, including:
(1)
Documentation and recordkeeping requirements;
(2)
Monitoring and compliance activities;
(3)
Project and/or contract coverage determinations;
(4)
Designated referral sources;
(5)
Bid and contract documents implementing this chapter; and
(6)
Other matters related to implementation of this chapter.
B.
The Township Administrator or any of the Administrator's designees
shall assess compliance monthly during construction and for all ongoing
obligations post-construction.
C.
If the Township Administrator in consultation with Township Administrator
determines that a project is not compliant, then the appropriate corrective
action will be taken.
D.
The developer and all labor organizations affiliated with the project
shall demonstrate to the Township compliance with this chapter. It
shall not be a defense to any enforcement action taken by the Township
that the developer or the labor organization could not obtain any
item or information from any other party to the PLA. This chapter
does not limit the developer or the labor organization's ability
to assess qualifications of prospective workers or to make final hiring
and retention decisions. No provision of this chapter shall be interpreted
so as to require a developer, a labor organization, a general contractor
or a subcontractor to hire or retain a worker who lacks the necessary
qualifications for the position in question, or to employ any particular
worker regardless of qualifications.
In the event that either the developer and/or the labor organization
should violate this chapter, the Township may seek any and all remedies
available to it at law or equity. 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 Township may elect to terminate the RAF and/or the tax exemption.
If any provisions of this chapter or application thereof to
any person or circumstance is judged unconstitutional or otherwise
invalid, the invalidity shall not affect other provisions or applications
of this chapter that can be given effect without the invalid provision
or application, and to this end the provisions of this chapter are
declared severable.
Ordinances or parts of ordinances inconsistent with the provisions
of this chapter be and the same are hereby repealed to the extent
of any such inconsistencies.
This chapter shall take effect after final passage and publication
as provided by law.
