WHEREAS, the Moran Redevelopment Project offers an opportunity for the City of Burlington to provide hundreds of thousands of dollars in construction and other related trade employment opportunities over the course of the Project; and
WHEREAS, the City has consistently supported efforts to improve wages, benefits, and working conditions for local workers including the livable wage ordinance (Article V, 2001) and the responsible contractor ordinance (Article VI, 1998); and
WHEREAS, the City Council unanimously supported a resolution that recognized the value and importance of using local labor for the Moran Plant (Dec. 2009); and
WHEREAS, the Blue Ribbon Committee on the Moran Redevelopment Project recommended the city explore labor standards that benefit the local workforce and community in its report to the council in late June 2010; and
WHEREAS, there is a measureable economic benefit when local workers are hired for such projects because they tend to spend their earnings locally as opposed to workers imported from out of state; and
WHEREAS, the Vermont Building & Construction Trades Council has stated that the assertion by the Arace & Company in its Due Diligence report that unionized ironworkers, Teamsters, sheet metal workers, operating engineers, and bricklayers do not “have an active presence in the Greater Burlington Area” is incorrect#; and
WHEREAS, apprenticeships in the Trades are a proven and cost-effective method of training people for good paying middle-class jobs that are essential and cannot be sent overseas; and
NOW THEREFORE BE IT RESOLVED, the City Council recommends the Administration and CEDO utilize the following community workforce standards to the extent permissible by law when selecting contractors in the bidding process for the Moran Redevelopment Project:
1. The City will give preference to contractors who use all or predominately local workers (residents of Vermont or otherwise residing within a 50 mile radius of Burlington). All contractors and all subcontractors, will exercise a good faith effort to use all or predominately local workers as new hires for the project. This will encourage employment of local people who will be more likely to spend their income in the regional economy, causing a positive multiplier effect for the region and also reduce commute times and resulting vehicle emissions. The HUD loan utilized as part of the financing for the Moran Redevelopment Project already requires that the City exercise a good faith effort to seek out contractors who satisfy Section 3 requirements regarding the hiring of local low-income workers within the existing MSA region (Chittenden, Franklin and Grand Isle Counties);
2. The contractor and all subcontractors must abide by the existing city ordinances;
3. The contractor and all subcontractors shall maintain, participate, or provide workers access to a bona fide apprentice training program for each apprenticeable trade or occupation represented in their workforce that is approved by the Vermont Department of Labor Apprenticeship Division and Apprenticeship Council and shall abide by the apprentice-to-journeymen ratio for each trade prescribed therein in the performance of the contract;
4. The contractor and all subcontractors, as required under federal Davis Bacon rules required by any municipality who utilizes federal funding, shall properly classify workers employed on the project as employees rather than independent contractors and shall properly classify said employees accordingly for purposes of workers’ compensation insurance coverage, employment taxes, social security taxes and income tax withholding;
5. The contractors will seek and leverage relationships with community organizations, such as Vermont Works for Women, Associations of Africans Living in Vermont, Vermont Refugee Resettlement Project, YouthBuild, and other similar organizations and agencies to encourage the employment of women and minorities who are seeking employment in our area in the trades;
6. The contractors must comply with existing Women and Minority Business Enterprise (WMBE) standards as dictated in federal and local procurement procedures;
7. The contractor will provide health insurance and pension benefits for workers or at least equal value to established union collective bargaining agreements in Vermont ;
8. No contractor will be awarded a bid on the Project where evidence exists of the contractor has violated any laws governing employee workers compensation insurance, federal or state taxes, wages, or statutes and regulations enforced by the federal Equal Employment Opportunity Commission or Civil Rights Unit of the Office of the Attorney General of Vermont. All contractors and subcontractors considered as the bid awardee, will be asked to verify that they have not violated such laws. If a violation of such laws is discovered, the City will report the contractor or subcontractors to the Attorney General of Vermont and follow the City debarment process which prevents the contractor from conducting future business with the city; and
BE IT FURTHER RESOLVED that it resolved that the contractor carry a 100% Performance and Payment Bonds; and
BE IT FURTHER RESOLVED that CEDO will assign the Moran Project Manager as the compliance officer to oversee compliance with these community workforce standards and the compliance officer shall report quarterly to the Mayor and City Council on compliance and is authorized to enforce all existing applicable policies and ordinances.
BE IT FURTHER RESOLVED that each contractor and subcontractor shall keep and furnish the City with such records on the project necessary for the Moran Project Manager to verify compliance with contract requirements; to include certified payroll, time cards, superintendent and foreman daily logs for all workers from each trade performing work on the project. All records described shall be open for inspection and examination by duly authorized officers and agents of the City, including the compliance officer; and
BE IT FURTHER RESOLVED that a contractor found to be not in compliance with the stated workforce standards, the awarding authority shall be prohibited from paying any money to the entity with whom it contracted, unless liquidated damages have been paid in full and liquidated damages shall be $500 per day for each day a contractor has been found to be not in compliance; and
BE IT FURTHER RESOLVED that City shall consider revising its bid review methodology to include consideration of the economic benefits of a resident workforce.
Sponsors: Emma Mulvaney-Stanak
Deliberative Agenda for 1/24 Council Meeting