[HISTORY: Adopted by the Town Council of the Town of Braintree 12-1-2009 by Ord. No.
09-048. Amendments noted where applicable.]
This chapter shall apply to all public building and public works
projects in excess of $250,000 awarded by Town departments, excluding
the Electric Light Department and the Tri-Town Board of Water Commissioners.
The provisions of this chapter shall not apply to an emergency procurement
where the public health and safety are deemed to be at risk by the
contract awarding authority.
A.
All bidders under bids submitted for projects subject to MGL c. 149,
§ 44A(2), and MGL c. 30, § 39M, shall, at the
time said bid is submitted, and all subcontractors under such bids
shall, at the time such subcontractor is selected for the project,
verify under oath and in writing that they comply with the following
conditions for bidding, and, for the duration of the project, each
bidder and subcontractor shall verify under oath and in writing on
a weekly basis that they are in compliance with the following obligations:
(1)
In a manner that is consistent with applicable law and regulations,
the bidder and all subcontractors under the bidder shall employ local
workers when qualified local workers are available for work. For the
purposes of this chapter, "local workers" shall mean the Town of Braintree
and its contiguous communities.
(2)
The bidder and all subcontractors under the bidder must comply with
the obligations established under MGL c. 149 to pay the appropriate
lawful prevailing wage rates to their employees.
(3)
The bidder, at the time of submitting his bid, and all subcontractors,
prior to the time the subcontractor is selected for the project, must
participate in a bona fide apprentice training program as defined
by MGL c. 23, §§ 11H and 11I, for each apprenticeable
trade or occupation represented in their workforce that is approved
by the Division of Apprentice Training of the Executive Office of
Labor and Workforce Development and must register all apprentices
with the Division and abide by the apprentice to journeyman ratio
for each trade prescribed therein in the performance of any work on
the project.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch.
1.10, Adoption of Code).
(4)
The bidder, at the time of submitting his bid, and all subcontractors,
prior to the time the subcontractor is selected for the project, must
furnish, at their expense, hospitalization and medical benefits and/or
coverage for all individuals employed on the project in an amount
that is at least equivalent to the hospitalization and medical benefits
provided by the health and welfare plans in the applicable crafts
recognized by MGL c. 149, § 26, in establishing minimum
wage rates for all individuals employed on the project.
(5)
The bidder and all subcontractors under the bidder must maintain
appropriate industrial accident insurance coverage for all of their
employees on the project in accordance with MGL c. 152.
(6)
The bidder and all subcontractors under the bidder must properly
classify employees as employees rather than independent contractors
and treat them accordingly for purposes of workers' compensation
insurance coverage, employment taxes, social security taxes and income
tax withholding, per MGL c. 149, § 148B.
(7)
The bidder, at the time of submitting his bid, and all subcontractors,
prior to the time that they are selected for the project, must certify
that all employees to be employed at the work site will have successfully
completed a course in construction safety and health approved by the
United States Occupational Safety and Health Administration that is
at least 10 hours in duration at the time the employee begins work
and who shall furnish documentation of successful completion.
B.
The failure of a bid submitted by any general bidder to comply with
any of the foregoing conditions for bidding will be grounds for rejection
of the bid, and the invitation for bids for such projects shall clearly
state this requirement. No general bidder shall select a subcontractor
for work outside the scope of MGL c. 149, § 44F, that does
not comply with the foregoing conditions.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch.
1.10, Adoption of Code).
C.
All bidders and subcontractors under the bidder who are awarded or
who otherwise obtain contracts on projects subject to MGL c. 149,
§ 44A(2), or MGL c. 30, § 39M, shall comply with
any and all of the obligations set forth in this chapter for the entire
duration of their work on the project, and an officer of each bidder
or subcontractor shall certify under oath and in writing on a weekly
basis to the awarding authority that they are in compliance with such
obligations, and it shall be the responsibility of the awarding authority
to ensure compliance with this chapter.
A.
Any contract awarded pursuant to this chapter shall contain the following
provisions. Any bidder or subcontractor who fails to comply with any
one of obligations under this chapter for any period of time shall
be, at the sole discretion of the Mayor, subject to one or more of
the following sanctions:
(1)
Cessation of work on the project until compliance is obtained;
(2)
Permanent removal from any further work on the project;
(3)
Withholding of payment due under any contract or subcontract until
compliance is obtained; and
(4)
Liquidated damages to be paid to the Town in the amount of 5% of
the dollar value of the contract held by the noncompliant contractor
or subcontractor.
B.
Any contractor or subcontractor that has been determined by the Town
of Braintree or by any court or agency to have violated any of the
obligations set forth in this chapter may be barred from performing
any work on any future projects for six months from the date of such
determination of the first violation, three years from the date of
such determination for a second violation and permanently for a third
violation.
The department director under whose recommendation and supervision
a contract subject to this chapter is awarded shall be the Town's
agent responsible for ensuring compliance with and enforcement of
this chapter.
The provisions of this chapter may be waived by the Mayor, when
such waiver is determined to be in the best interests of the Town.
If any provision of this chapter or the application of such
provision to any person or circumstances shall be enjoined or held
to be invalid, the remaining provisions of this chapter or the application
of such provisions to persons or circumstances other than that which
is enjoined or held invalid shall be not affected thereby.
