ARTICLE II. WOMEN IN CONSTRUCTION TRADES1
21-50 Statement of purpose.
Whereas, women in Burlington, as elsewhere, need improved job opportunities and increased income to support themselves and their families; and
Whereas, the current development situation in Burlington is resulting in the expenditure of millions of dollars by both the private and public sectors for construction projects; and
Whereas, jobs in the construction trades; including entry level positions, are among the better paid jobs in the Burlington area; and
Whereas, the differential in the Burlington area between number of female employees and number of male employees is largest in the field of construction trades; and
Whereas, job training for construction trades is primarily on-site and involves paid positions; and
Whereas, women in construction trades offer highly visible role models of employment of women in nontraditional fields; and
Whereas, for all of the above reasons, it is the intention of the city council in passing this article to improve job opportunities for women in the construction trades.
(Ord. of 3-10-86, § 21-40)
21-51 Definitions.
As used in this article, the following terms shall be defined as follows:
(1) Construction contract. An agreement to provide labor and related materials, supplies or services for any construction within the city which involves any city funds, other governmental funds funneled through the city, private funds funneled through the city, or other publicly supported projects including those financed by tax-exempt industrial revenue bonds.
(2) Construction contractor. Any person or persons, firm partnership, corporation or combination thereof who submits a bid and/or enters into construction contracts let or awarded in the city which involve any amount of public financing, including financing by tax-exempt industrial revenue bonds.
(3) Subcontractor. Any person or persons, firm, partnership, corporation or any combination thereof, who enters into a contract or agreement with the construction contractor to perform a substantial specified portion of the contract let or awarded in the city which involves any amount of public financing, including financing by tax-exempt industrial revenue bonds.
(4) Construction trades workers. Workers performing job categories including, but not limited to:
Brickmasons, stonemasons, tile setters;
Carpenters;
Electricians and power transmission installers;
Painters, paperhangers, plasterers;
Plumbers, pipefitters, and steamfitters;
Carpet installers;
Drywall installers and drywall finishers;
Concrete and terrazzo finishers;
Glaziers;
Insulation workers;
Paving, surfacing and tamping equipment operators;
Roofers;
Sheetmetal duct installers;
Structural metal workers.
(Ord. of 3-10-86, § 21-41)
21-52 Establishment of work force participation rates for women.
(a) The following work force participation rates shall apply to each category of construction trades workers and each construction contract entered into in which the total project cost is fifty thousand dollars ($50,000.00) or more:
(1) Contractors and subcontractors whose total number of employees is one to five (1—5) shall be exempt from any specific requirement under this article.
(2) Contractors and subcontractors whose total number of employees is six to fifteen (6—15) shall be required to employ and maintain the employment of at least one woman as a condition of any construction contract which they enter into within the city.
(3) Contractors and subcontractors whose total number of employees is sixteen (16) or more shall be required to employ and maintain the employment of women in at least ten (10) percent of the positions in each of the construction trades performed by that contractor or subcontractor.
(b) It is the purpose of this article to require work force participation rates for women in the amount of ten (10) percent of the construction trades workers in each category of construction trade and in all applicable construction contracts within the city. Compliance with this article specifically includes the submission of a plan for compliance by the contractor or subcontractor as part of any bid or contract proposal; compliance with this article at the beginning of the contract; and continued compliance during the term of the contract, including any extensions of the term which may be agreed to by the parties to the contract.
(Ord. of 3-10-86, § 21-42)
21-53 Enforcement.
(a) Each contractor and subcontractor who submits a bid and/or enters into construction contracts let or awarded for publicly financed projects within the city shall submit as part of the bid or contract proposal a specific plan detailing how the contractor or subcontractor intends to comply with the work force participation rates for women.
(b) The plan submitted shall include a list of specific jobs in the construction trades which will be required for the contract; a list of current employees of the contractor or subcontractor by name, trade and sex; sample advertisements which will be used to recruit construction trades workers for the contract; a list of all places that recruitment will be done including the names of publications where advertisements will be placed; a description of any apprenticeship/training programs provided by the contractor or subcontractor; any available evidence of the contractor’s or subcontractor’s previous record of hiring women in the construction trades; and the name of the person or persons who will be responsible for the contractor’s or subcontractor’s compliance with this article.
(c) Compliance with work force participation rates for women shall be a condition precedent of any construction contract awarded within the city for a project which is partially or totally financed with public funds, including tax-exempt industrial revenue bonds.
(d) In order to assure continued compliance with this article during the duration of the contract, all contractors and subcontractors affected by this article shall submit monthly work force charts listing construction trades workers by name, trade, hours worked, hourly rate of pay and sex.
(e) In order to have consistency in enforcement of this article, negotiations for implementation of the work force participation rates for women in applicable contracts and monitoring of the contracts awarded for applicable projects shall be conducted by the community and economic development office. Other city departments who award construction contracts shall cooperate with the community and economic development office and the office of the city attorney in the enforcement of this article.
(Ord. of 3-10-86, § 21-43)
21-54 Penalty.
In addition to the fact that construction contracts shall not be awarded to contractors or subcontractors who do not present a specific plan for compliance with the requirements of this article, penalties for noncompliance after contracts are awarded shall be a fine of fifty dollars ($50.00) for each day of the violation and for each position under the contract which the contractor or subcontractor was to have filled with a female employee and failed to comply.
(Ord. of 3-10-86, § 21-44)
21-55 Identification to law enforcement officers required.
Upon identification and request of a law enforcement officer or any other municipal officer duly authorized to serve a Vermont Municipal Complaint or other civil or criminal process who is investigating an alleged violation of any of the provisions of the city’s ordinances, a person being investigated shall provide his or her name and current address and all other information necessary for the officer or official to make a positive identification of that individual or fulfill the requirements of law for the service of the appropriate process.
(Ord. of 1-9-95; Ord. of 12-18-00)
Editor’s note—An ordinance of March 10, 1986, amended Ch. 21 by adding new provisions designated §§ 21-40—21-46. In order to provide better classification and to facilitate the indexing, reference and use of these new provisions, the editor, at his discretion, has redesignated them as a new Art. II, §§ 21-50—21-55. The provisions of said ordinance set out as §§ 21-45 and 21-46, providing a repealer and severability clause, have not been included herein by the editor.