New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 30 - ADMINISTRATIVE RULES › Subchapter 3 - AFFIRMATIVE ACTION IN AUTHORITY-FINANCED CONSTRUCTION PROJECTS › Section 19:30-3.5 - Construction contracts

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The project
				  owner/applicant and prime contractor or landlord not exempted by
				  19:30-3.4 shall resolve any
				  questions regarding this subchapter with the Authority prior to the execution
				  of any construction contracts or any construction contracts undertaken to
				  fulfill any condition of receiving Authority financial assistance including the
				  performance of any contract to construct, renovate or otherwise prepare a
				  facility for operations which are necessary for the receipt of Authority
				  financial assistance.
(b)
				  Construction projects that are undertaken to otherwise prepare a facility for
				  operations which are necessary for the receipt of Authority financial
				  assistance and therefore do not receive any Authority financial assistance or
				  other provision of the assistance until after the construction project is
				  complete (including, but not limited to, Business Employment Incentive Program
				  and Business Retention and Relocation Assistance Grant Program) are exempt from
				  the retainage provisions of (c)2 below.
(c) Every construction contract must require
				  that:
1. The NJEDA Addendum to Construction
				  Contract, which is provided by the Authority as part of its application for
				  financial assistance and also available at
www.njeda.com/affirmativeaction
,
				  must be part of all construction contracts and must be signed by the project
				  owner/applicant, prime contractor and subcontractor (all tiers);
2. Unless specifically exempted by
				  19:30-3.4 or 3.5(b), 10 percent of
				  every disbursement for each construction contract in connection with the
				  construction project shall be retained by the project owner/applicant, agent,
				  trustee or lender until 50 percent completion of the contract. Upon
				  notification to the AA Compliance Officer that a contract is 50 percent
				  complete and confirmation from the AA Compliance Officer that the project is in
				  substantial compliance with this subchapter, five percent of every disbursement
				  for each construction contract must be retained. Upon approximately 90 percent
				  completion of the construction contract and receipt of an Authority Affirmative
				  Action Completion Certificate that is acceptable to the Authority, the
				  Authority will notify the project owner/applicant that the remaining retainage
				  may be released;
3. The contractor
				  or subcontractor, where applicable, will not discriminate against any employee
				  or applicant for employment because of age, race, creed, color, national
				  origin, ancestry, marital status, affectional or sexual orientation, gender
				  identity or expression, disability, nationality or sex. Except with respect to
				  affectional or sexual orientation and gender identity or expression, the
				  contractor or subcontractor will ensure that equal employment opportunity is
				  afforded to such applicants in recruitment and employment, and that employees
				  are treated during employment, without regard to their age, race, creed, color,
				  national origin, ancestry, marital status, affectional or sexual orientation,
				  gender identity or expression, disability, nationality, or sex. Such equal
				  employment opportunity shall include, but not be limited, to the following:
				  employment, upgrading, demotion, or transfer; recruitment or recruitment
				  advertising; layoff or termination; rates of pay or other forms of
				  compensation; and selection for training, including apprenticeship;
4. The contractor agrees to post in
				  conspicuous places, available to employees and applicants for employment,
				  notices to be provided by the Authority setting forth provisions of this
				  nondiscrimination clause;
5. The
				  contractor or subcontractor, where applicable, will in all solicitations or
				  advertisements for employees placed by or on behalf of the contractor or
				  subcontractor, state that all qualified applicants will receive consideration
				  for employment without regard to age, race, creed, color, national origin,
				  ancestry, marital status, affectional or sexual orientation, gender identity or
				  expression, disability, nationality or sex;
6. The contractor or subcontractor, where
				  applicable, will send to each labor union or representative of workers with
				  which it has a collective bargaining agreement or other contract or
				  understanding, a referral letter, to be provided by the Authority, advising the
				  labor union or workers' representative of the contractor's commitments under
				  this subchapter and shall post copies of the referral letters in conspicuous
				  places available to employees and applicants for employment;
7. The contractor or subcontractor agrees to
				  make good faith efforts to employ minority and women workers in each
				  construction trade consistent with the applicable county employment goals
				  established in accordance with
				  17:27-7.2; provided, however, that
				  the Authority may, in its discretion, exempt a contractor or subcontractor from
				  compliance with the good faith procedures prescribed in
				  19:30-3.6, as long as the
				  Authority is satisfied that the contractor or subcontractor is employing
				  workers provided by a union which provides evidence, in accordance with
				  standards prescribed by the Authority, that its percentage of active
				  "card-carrying" members who are minority and women workers is equal to or
				  greater than the applicable employment goals established in accordance with
				  17:27-7.2;
8. The contractor that is awarded a
				  construction contract or the project owner/applicant must submit an initial
				  project workforce report. Each initial workforce report shall identify the
				  estimated workforce requirements, by trade or craft, of the construction
				  contractors and subcontractors for the duration of the construction
				  contract;
9. The contractor must
				  maintain or submit certified payrolls to the Authority pursuant to
				  19:30-4.4;
10. The contractor must submit a monthly
				  project workforce report to the Authority within 15 business days after the end
				  of the reporting month; and
11. The
				  contractor or subcontractor agrees to inform in writing its appropriate
				  recruitment agencies including, but not limited to, employment agencies,
				  placement bureaus, colleges, universities, and labor unions, that it does not
				  discriminate on the basis of age, creed, color, national origin, ancestry,
				  marital status, affectional or sexual orientation, gender identity or
				  expression, disability, nationality or sex, and that it will discontinue the
				  use of any recruitment agency which engages in direct or indirect
				  discriminatory practices.