[HISTORY: Adopted by the City Council of
the City of Paterson 6-24-2003 by Ord. No. 03-031. Amendments noted where
applicable.]
For purposes of this chapter, the following
terms shall have the following meanings:
An organization representing, for collective bargaining purposes,
journey level workers and apprentices in one or more crafts or trades
and which:
Operates an apprenticeship training program
in an appropriate craft or trade that is registered with the United
States Department of Labor, Employment and Training Administration,
Bureau of Apprenticeship and Training;
Has entered into a labor agreement with an employer
or multi-employers in the building and construction industry in New
Jersey;
Has represented journey level workers, mechanics
and apprentices employed on public construction contracts; and
Possesses the ability to refer, provide or represent
qualified and journey level workers in the crafts or trades required
by the public construction contract in sufficient numbers to perform
the contracted work involved in that contract.
The City of Paterson and all public agencies and authorities
created, controlled or directed by the City of Paterson.
Any contract for the construction, reconstruction, demolition
or renovation of buildings or property at the public expense for which:
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. 34:11-56.26 et seq.); and
The City of Paterson estimates that the total
cost of the contract, exclusive of any land acquisition cost, will
equal or exceed $500,000, and providing part or all of said funding
is supplied by or through the City of Paterson.
[Amended 3-10-2009 by Ord. No. 09-006]
A.
Mandatory apprenticeship for public construction contracts. All requests for proposals and specifications for public construction contracts, and all such contracts, shall require that 20% of the building trade labor hours required under each such contract shall be performed by a person or persons enrolled in a local federally registered apprenticeship program or who are apprenticeship equivalents as that term is used by the State of New Jersey in the Abbott Project Labor Agreement (2003). In addition, 50% of all such apprentices shall be first-year apprentices who shall have completed a preapprenticeship training program, either approved and funded by the New Jersey Department of Labor as of January 1, 2003, or approved by the Paterson Community Apprenticeship Initiative (PCAI), through processes developed pursuant to § 373-3 of this chapter.
B.
Contractors and subcontractors. All public construction
contracts must require that the contractor and subcontractors hire
workers in federally registered apprenticeship programs to comply
with this chapter. All requests for proposals and all specifications
relating to public construction contracts subject to this chapter
shall contain such requirements.
C.
Labor hours. All requests for proposals and all specifications
for public construction contracts, and all such contracts, shall
require that 20% of the labor hours required under such contracts
in all trades and at all levels shall be performed by workers who
have participated in a federal or state approved apprenticeship program
or who are apprenticeship equivalents as that term is used by the
Department of Labor of the State of New Jersey. Apprenticeship equivalents
shall be utilized to the extent permitted by the regulations and guidelines
of the Department of Labor of the State of New Jersey, and they shall
be paid prevailing apprentice wages and shall have identical benefits
pending their admission as full apprentices. In addition, 50% of all
said apprentices shall be first-year apprentices and shall be drawn
from PCAI approved preapprenticeship programs.
D.
Special circumstances. In the event that a condition
exists whereby there are not sufficient available applicants to satisfy
the labor farce requirements of this chapter, then the affected contractor
or subcontractor shall be required to supply funding equal to the
cost of training an equivalent number of preapprentices in a PCAI
approved preapprenticeship program. Such contractor or subcontractor
must provide proof to the PCAI that a good-faith effort has been made
to comply with the conditions of this chapter.
A.
Establishment. The City of Paterson thereby establishes
the Paterson Community Apprenticeship Initiative (PCAI), to ensure
the ongoing training of preapprentices qualified to apply for federally
registered apprenticeship programs and to provide the support services
such preapprentices need to pursue successful careers in the construction
trades.
B.
Advisory Board. The PCAI shall be governed by an Advisory
Board of nine members, comprising the Chairman of the Municipal Council's
Community Development Committee, one member appointed by the Municipal
Council President, one member appointed by the Municipal Council as
a body, two members appointed by the Mayor of the City of Paterson,
one member appointed by the Paterson Board of Education, one member
appointed by the Paterson Housing Authority and two members selected
by representatives of the Passaic County Building Trades Council and
the Carpenters Union.
C.
Referral source. The PCAI shall select one or more
preapprenticeship programs to serve as the designated preapprentice
referral source for purposes of this chapter.
D.
Operation and curriculum. The PCAI shall supervise
the development and operation of the approved preapprenticeship programs
and shall retain authority to review and approve their curriculum
and procedures for recruiting and selecting participants. The PCAI
shall ensure that all approved preapprenticeship programs are operated
in such a manner that successful graduates of the preapprenticeship
programs will be equipped and eligible for entry into the apprenticeship
programs of the Passaic County Building Trades Council and the Carpenters
Union.
E.
Preparatory services. The PCAI shall ensure that the
selected preapprenticeship programs provide all necessary preparatory
services for enrolled preapprentices, including assistance with GED
preparation, obtaining drivers' licenses where appropriate, mentoring
and other supportive services for preapprentices.
F.
Training and monitoring. The PCAI stall administer
the training and monitor the funding utilized to provide the preapprenticeship
programs approved hereunder.
G.
Duty to enforce. The PCAI shall coordinate, monitor
and enforce the requirements of this chapter so as to ensure that
the apprentices are being utilized by the contractors and subcontractors
in public construction contracts as required by this chapter.
All public construction contracts shall include
a requirement that the contractor and all subcontractors performing
work pursuant to such contracts contribute to the PCAI a certain sum
per worker hour projected to be worked on the project. The PCAI is
hereby authorized to adopt this fee consistent with the laws of the
State of New Jersey and the Code of the City of Patterson. This contractor
contribution rate shall be calculated according to a formula to be
determined by the PCAI that takes into account the cost of operating
a preapprenticeship program such that there will be adequate funding
to ensure the graduation of workers sufficient to perform 20% of the
work hours projected for each public construction contract, and also
to provide adequate funding to cover the costs of monitoring compliance
with the provisions of this chapter. The imposition of such fee, however,
shall require approval by resolution of the Municipal Council of the
City of Paterson.
Public construction contracts shall require
that 20% of the labor force be composed of women and minority group
members, as that term is defined by N.J.S.A. 40A:11-41. All requests
for proposals and specifications for public construction contracts
shall set forth this requirement.
A.
Declaration of compliance. Each proposed contractor
and subcontractor subject to the provisions of this chapter shall
submit to the City of Paterson a completed certified declaration of
compliance form as part of its proposal in response to a request for
proposals and in order to meet the City specifications. The completed
declaration of compliance form shall be made part of the executed
contract and shall be in a form approved by the City.
B.
Contractors and subcontractors. All contractors in
public construction contracts shall require that their subcontractors
comply with the provisions of this chapter. Language indicating the
subcontractor's agreement to comply shall be included in the contract
between the contractor and subcontractor. Copies of such agreements
shall be submitted to the City for approval.
(1)
Reports. All contractors and subcontractors shall
report to the PCAI and the City by March 31, June 30, September 30
and December 31 of each year and shall provide the following information
certified and notarized:
(a)
The workforce employed during that quarter on
public construction contracts;
(b)
The value of contracts and subcontracts covered
by this chapter;
(c)
The name, address, date of hire, occupation
classification, apprenticeship status, rate of pay and benefits provided
to each of the employees of the contractor and subcontractor; and
(d)
The number and percentage of hours worked by
apprentices on said contacts.
(2)
Records. Contractors and subcontractors shall maintain
certified payroll records for all employees and shall preserve them
for a period of three years after completion of the public construction
contract, making such records available within 10 days of a written
request authorized by this chapter.
(3)
Site and records access. All contractors and subcontractors
subject to this chapter shall permit appropriate access for representatives
of the City and the PCAI to all worksites and to all applicable records
of the contractor or subcontractor in order to monitor compliance
with the provisions of this chapter.
C.
City Council hearings. The Municipal Council of the
City of Paterson may hold public hearings at times to be determined
by the Council with respect to the implementation of this chapter.
(1)
PCAI reports. Prior to any such hearing, the PCAI
shall provide relevant reporting information to the City Council,
including the following items:
(a)
The number of apprentices who worked on public
construction contracts during the reporting period;
(b)
The number of individuals trained and approved
by preapprenticeship programs who became apprentices during the reporting
period;
(c)
The number and percentage of women and minority
group members who were employed in public construction contracts
during the reporting period; and
(d)
Detailed reports disclosing any violations found
and sanctions imposed.
D.
City remedies. In the event the City determines that
any contractor or subcontractor has failed to comply with the provisions
of this chapter, it shall have available all legal remedies.
(1)
Options. Such remedies shall include, but not be limited
to, all remedies available at law or in equity and all such remedies
included in the specifications or contract, which may provide for:
(a)
Suspending or terminating the contract;
(b)
Completing the contract and requiring the contractor
or subcontractor to pay all damages and costs in utilizing a substitute
contractor or subcontractor;
(c)
Debarring the contractor or subcontractor from
eligibility for future City contracts;
(d)
Requiring the refunding of payments made by
the City to the contractor or subcontractor prior to the suspension
or termination; and
(e)
Assessing a daily fine and other penalties payable
to the City of Paterson. A schedule of fines and penalties necessary
to enforce this chapter shall be recommended by the PCAI and enacted
by ordinance of the City Council. The City shall withhold funds from
any final payment due to covered contractors in an amount sufficient
to cover unpaid fees or potential penalties for shortfalls regarding
the apprenticeship requirements of this chapter. Such fines and penalties
shall be not less than 3% nor more than 10% of the total price of
the contract in question.
(2)
Notice and hearing. In the event the City has good
cause to believe that any contractor or subcontractor has failed to
comply with the provisions of this chapter, said contractor or subcontractor
shall be given written notice and afforded an opportunity for a hearing
before the Municipal Council before the imposition of the sanctions
set forth in this section.