[Ord. No. 28293, 1-13-1997]
The City Council finds and determines that there is a high rate
of unemployment in the City of Waltham among those employed in the
construction industry; that the effect of this high rate of unemployment
has a direct and deleterious effect upon all the neighborhoods in
the City of Waltham, resulting in vandalism, crime and the physical
deterioration of neighborhoods and areas; that the City expends municipal
funds for public works and public construction contracts, a large
portion of said money being derived from taxes paid by City residents;
that a large portion of workers employed on such projects are individuals
who do not reside in the City of Waltham. Companies coming in to perform
work for the City of Waltham have employees they are bringing from
other areas and thus employment opportunities are not being made available
to Waltham residents with the requisite skills; and, that the preference
established by this Waltham Residents Construction Employment Ordinance
will tend toward the lessening of the deleterious effects cited herein
by creating opportunities for employment for Waltham residents.
[Ord. No. 28293, 1-13-1997]
As used in this article, the following terms shall have the
meanings indicated:
Any person for whom his or her principal place of residence
is the City of Waltham.
[Ord. No. 28293, 1-13-1997; Ord. No. 28573, 6-22-1998]
On any public works or public construction projects for which
the cost is greater than $250,000 and which is funded in whole or
in part by City, state or federal funds or funds which, in accordance
with a federal grant, the City expends or administers or which the
City is a signatory to the construction project, Waltham residents
who are qualified to perform the work to which the contract relates
shall be given preference in hiring on a one of every three ratio
after the employer's foreman or supervisor and two key employees have
been employed for a one-week payroll period and shall continue for
the remainder of the contract on a weekly basis.
[Ord. No. 28293, 1-13-1997]
(a)
The City of Waltham Purchasing Agent shall be responsible for enforcing
compliance with the provisions of this article. Upon issuance of a
contract, the selected firm shall submit to the Waltham Purchasing
Agent the following requested information:
(b)
Upon initiation of construction, all contractors and subcontractors
shall submit weekly work force reports listing the following:
[Ord. No. 28549, 4-27-1998]
(a)
All bidders and all subcontractors under the bidder for projects
subject to MGL c. 149, § 44A(2), shall, as a condition for
bidding, agree in writing that they shall comply with the following
obligations:
(1)
The bidder and all subcontractors under the bidder shall comply
with the Waltham Residents Construction Ordinance as it currently
exists and as it may, from time to time, be amended and, at a minimum,
shall comply with the following worker hours requirements:
(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 and all subcontractors under the bidder must maintain
or 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 Department of Labor and Industries
and must abide by the apprentice to journeymen ratio for each trade
prescribed therein in the performance of the contract.
(4)
The bidder and all subcontractors under the bidder must furnish,
at their expense, hospitalization and medical benefits for all their
employees employed on the project and/or coverage at least comparable
in value to the hospitalization and medical benefits provided by the
health and welfare plans in the applicable craft recognized by MGL
c. 149, § 26, in establishing minimum wage rates.
(5)
The bidder and all subcontractors under the bidder must maintain
appropriate industrial accident insurance coverage for all the employees
employed 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, unemployment taxes, social security taxes and income tax
withholding, MGL c. 149, § 148B.
(b)
All bidders and subcontractors under the bidder who are awarded or who otherwise obtain contracts on projects subject to MGL c. 149, § 44A(2) shall comply with the obligations numbered (1) through (6) as set forth in Subsection (a) of this section for the entire duration of their work on the project, and an officer of each such bidder or subcontractor under the bidder shall certify under oath and in writing on a weekly basis that they are in compliance with such obligations.
[Ord. No. 28293, 1-13-1997]
In the event of high local construction employment levels of
qualified Waltham residents, and a documented inability of contractors
to hire local area employees because of such high local construction
employment levels, compliance with the provisions of this article
may be waived or reduced on a case-by-case basis, through a determination
made by the Waltham Purchasing Agent that high local employment levels
prohibit the contractor from hiring local area employees as required.
Such documentation shall consist of research conducted by each contractor
which shows a high level of effort in obtaining local employees. Such
effort shall include local advertising to seek local employees and
solicitation of local companies for contracting purposes. All requests
for such waiver shall be in writing, and the Purchasing Agent shall
notify the Mayor and the City Council immediately upon receipt of
such request for waiver. A copy of the determination, in writing,
with such information as used by the Purchasing Agent in making such
determination, shall be submitted to the Mayor and the City Council.
[Ord. No. 28293, 1-13-1997; Ord. No. 28549, 4-27-1998]
In the event of violation of this article, upon three days'
written notice to the violator, the City, through its Purchasing Agent,
shall take one or more of the following actions:
(a)
Assessment of a fine of $300 per day of violation, or the maximum
amount allowed by law, whichever is less, against the contractor or
subcontractor who violates this article. Said fine shall be paid within
30 days of assessment.
(b)
In the alternative or in addition to the above fines, any bidder or subcontractor under the bidder who fails to comply with any one or more of the obligations as set forth in Subsection (a)(1) through (6) of Section 2-373 for any period of time may be, at the discretion of the Purchasing Agent upon written notice to the Mayor and City Council, subject to one or more of the following sanctions:
(1)
Cessation of work on the project until compliance is obtained;
(2)
Withholding of payment due under any contract or subcontract
until compliance is obtained;
(3)
Permanent removal from any further work on the project;
(4)
Liquidated damages payable to the City of Waltham in the amount
of 5% of the dollar value of the contract.
(c)
In addition to the sanctions outlined in Subsections (a) and (b) of this section, a general bidder or contractor shall be equally liable for the violations of its subcontractor with the exception of violations arising from work performed pursuant to subcontracts that are subject to MGL c. 149, § 44F. Any contractor or subcontractor who has been determined to have violated any of the obligations set forth in Section 2-373A shall be barred from performing any work on any future projects for six months for a first violation, for three years for a second violation and permanently for a third violation.
(d)
The provisions of this Article XXVI shall not apply to construction projects for which the low general bid was $250,000 or less or to work performed pursuant to subcontracts that are subject to MGL c. 149, § 44F and that were bid for less than $25,000, or to rebids for construction projects for which the City receives fewer than three qualified general contract bidders in the original bid.
[Ord. No. 28293, 1-13-1997; Ord. No. 28549, 4-27-1998]
The enforcement provisions of this article or any provision
of the City of Waltham General Ordinances are in addition to any remedies
the City of Waltham may have under contract.
[Ord. No. 28293, 1-13-1997; Ord. No. 28549, 4-27-1998]
In the event any section of this article is deemed illegal,
unenforceable or unconstitutional then the remaining sections shall
remain in full force and effect.
