This executive
order rescinded by EO #1 McGreevey.
WHEREAS, Executive
Order No. 99, issued on September 13, 1993, established as the policy
of the State of New Jersey that public works projects implemented
by any State department, authority, or instrumentality be subject
to a project agreement whenever feasible and whenever such agreement
substantially advances the interests of costs, efficiency, quality,
safety and timeliness and the State's policy regarding women- and
minority-owned businesses; and
WHEREAS, Executive
Order No. 99 mandated every State department, authority, or instrumentality
authorized to implement public works projects to do so, whenever
possible, subject to a project agreement with the applicable building
and construction trade union or council in whose jurisdiction the
work is to be performed; and
WHEREAS, the
conditions specifying a particular labor force placed on the bidding
and award of public works projects set forth in Executive Order
No. 99 have raised questions regarding competitiveness and other
issues associated with those projects; and
WHEREAS, New
Jersey has a compelling interest in awarding public works contracts
in such a manner as to yield the lowest reasonable costs and the
highest standard of quality and efficiency on the job; and
WHEREAS, a
properly evaluated and effected project agreement, when appropriate,
can ensure that a public project is completed at the lowest reasonable
cost in a timely manner without labor disruptions such as strikes,
lockouts or slowdowns; and
WHEREAS, the
benefits of any proposed project agreement must be carefully weighed
with respect to the effect such an agreement would have on competitive
bidding, project costs and the State's policy to advance women-
and minority-owned businesses; and
WHEREAS, the
use of project agreements may be considered on a project-by-project
basis where such project agreements clearly benefit the interests
of the State from a cost, efficiency, quality, safety and/or timeliness
standpoint;
NOW, THEREFORE,
I, CHRISTINE TODD WHITMAN, Governor of the State of New Jersey,
by virtue of the authority vested in me by the Constitution and
by the Statutes of this State, do hereby ORDER and DIRECT:
1. Executive
Order No. 99 (Florio) is hereby rescinded and is superceded by
this Executive Order No. 11.
2. A State
department, authority or instrumentality may include a project
agreement in a public works project on a project-by-project basis
where it has been determined that such project agreement will
promote labor stability and advance the State's interests in cost,
efficiency, quality, safety and/or timeliness.
3. This
Order does not require the use of a project agreement or selection
of any particular union, trade council or labor organization.
4. In accordance
with this Order, any project agreement:
(a) shall
contain guarantees against strikes, lockouts, slowdowns or other
similar action;
(b) shall
set forth effective, immediate and mutually binding procedures
for resolving jurisdictional and labor disputes arising before
the completion of the work; and
(c) shall
be made binding on all contractors and subcontractors on the
public construction project through the inclusion of appropriate
bid specifications in all relevant bid documents.
5. Any decision
to use a project agreement in connection with a public works project
by a State agency, authority or instrumentality shall be supported
by a written, publicly disclosed finding by such agency, authority
or instrumentality setting forth the justification for use of
the project agreement.
6. All State
agencies, authorities and instrumentalities are hereby ordered
to ensure that all public works projects are implemented in a
manner consistent with the terms of this Order and are in full
compliance with all statutes, regulations and executive orders,
including Executive Order No. 84 (Florio) regarding the implementation
of set-aside goals for women- and minority-owned businesses.
7. This
Order shall take effect immediately and is intended to have prospective
effect only.
GIVEN,
under my hand and seal
this 21st day of March in the Year
of Our Lord, One Thousand Nine
Hundred and Ninety Four, and of
the Independence of the United
States, the Two Hundred and Eighteenth.
/s/
Christine Todd Whitman
Governor
Attest:
/s/ Peter Verniero
Chief Counsel to the Governor
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