ASSEMBLY, No. 4869
STATE OF NEW JERSEY
219th LEGISLATURE
INTRODUCED OCTOBER 22, 2020
Sponsored by:
Assemblyman HAROLD "HAL" J. WIRTHS
District 24 (Morris, Sussex and Warren)
Assemblyman ANTHONY S. VERRELLI
District 15 (Hunterdon and Mercer)
Assemblyman PARKER SPACE
District 24 (Morris, Sussex and Warren)
Co-Sponsored by:
Assemblymen Houghtaling, Freiman and Egan
SYNOPSIS
Requires certain bidders for prevailing wage public work to provide proof that prevailing wage will be paid.
CURRENT VERSION OF TEXT
As reported by the Assembly Labor Committee on December 14, 2020, with amendments.
An Act concerning certain contracts for public work and amending and supplementing P.L.1963, c.150.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) 1a.1 If a person makes the lowest bid for a contract with a public body for public work subject to the provisions of the “New Jersey Prevailing Wage Act,” P.L.1963, c.150 (C.34:11-56.25 et seq.) and that bid is ten percent or more lower than the next lowest bid for the contract, the person making the lowest bid shall provide proof to the satisfaction of the public body that the prevailing wage rates required by that act shall be paid. If the bidder does not provide the proof, the bid shall be rejected.
1b. Proof in accordance with subsection a. of this section may include, but shall not be limited to, employment contracts or agreements with workers stating the rate of wages that the person contracts or agrees to pay the employees or workers for the contract, documentation of the costs of supplies required to complete the contract, documentation as to the number of employees or workers whose services will be engaged for the contract, the estimated number of hours or days to complete the project, and any additional documentation as may be permitted by the Commissioner of Labor and Workforce Development.1
2. Section 3 of P.L.1963, c.150 (C.34:11-56.27) is amended to read as follows:
3. a. Every
contract in excess of the prevailing wage contract threshold amount for any
public work to which any public body is a party or for public work to be done
on property or premises owned by a public body or leased or to be leased by a
public body shall contain a [provision]
certification stating the prevailing wage rate which can be paid (as
shall be designated by the commissioner) to the workers employed in the
performance of the contract and [the contract shall contain a
stipulation that]
such workers shall be paid not less than such prevailing wage rate. Such [contract]
certification shall also contain a provision that in the event it is
found that any worker, employed by the contractor or any subcontractor covered
by said contract, has been paid a rate of wages less than the prevailing wage
required to be paid by such contract, the public body, the lessee to whom the
public body is leasing a property or premises or the lessor from whom the
public body is leasing or will be leasing a property or premises may terminate
the contractor's or subcontractor's right to proceed with
the work, or such part of the work as to which there has been a failure to pay required wages and to prosecute the work to completion or otherwise. The contractor and his sureties shall be liable for any excess costs occasioned thereby to the public body, any lessee to whom the public body is leasing a property or premises or any lessor from whom the public body is leasing or will be leasing a property or premises.
b. The Commissioner of Labor and Workforce Development, in consultation with the Division of Local Government Services, shall promulgate rules and regulations concerning the standardization of
the certification necessary to effectuate the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill).
(cf: P.L.2007, c.68, s.2)
3. This act shall take effect immediately.