No contract between any party and the City shall be finally completed, valid and binding on the City unless previously signed by the Mayor and also by the officer or the head of the department or the chairperson of the board, as the case may be, making the contract, and approved in writing as to form and manner of execution by the Corporation Counsel.
A. 
Upon request from the City, the contractor shall provide certification of any and all materials used within a given project. Materials used within a street construction project shall comply with the standards set by the commonwealth, as noted in the State Standard Specifications for Highways and Bridges.
B. 
Upon request from the City, the contractor shall provide a schedule of operations for the project. The schedule shall provide a target date for the completion of each phase of the project.
All materials to be used on a street construction, reconstruction or resurfacing project must be in conformance with the standards set by the commonwealth in the State Standard Specifications for Highways and Bridges.
When hiring additional personnel to be employed on a project which is under City contract, the contractor shall give preference to residents of this City, whenever such resident is qualified, or qualifiable, to perform the tasks which shall be required of him during his assignment to the project under contract.
[Amended 3-14-1995 by Ord. No. 1995-8; 7-15-2008 by Ord. No. 2008-40; 4-6-2010 by Ord. No. 2010-14; 9-14-2010 by Ord. No. 2010-29]
A. 
Hiring preference for City residents. On any construction project funded in whole or in part by City funds, or funds from a federal grant or loan, or City-approved MIFA applications, or projects for which the City administers the construction contract, residents of the City who are qualified to perform the work to which the employment relates shall be given preference in hiring on a one-of-every-two ratio, after the employer's foreman or supervisor and two key employees have been employed for a one-week period.
B. 
Wage requirements. In any project, companies receiving public assistance through these financing agencies should be in concurrence with the prevailing wages in the area, including wages in the Davis-Bacon Act. No revenue bond applications are to be approved unless the applicant agrees to all of these conditions.
C. 
Hiring preference for minorities and women. Minorities and women shall additionally be accorded preference for their hiring, as provided in federal, state or municipal laws, and such provisions shall either be included or will be deemed included in all construction agreements.
D. 
Proof of compliance. The City Director of Community Maintenance shall be furnished copies of the names and home addresses of employees upon request, and shall be furnished such other proof of compliance as he may request upon written request for such proof, within seven days of such request.
E. 
Enforcement; penalty. This section shall be enforced by the Director of Community Maintenance or his designee. A fine of $300 shall be levied and withheld from the payment of any contractor who violates this section for each day the contract remains in violation.
F. 
"Resident of City" defined. For the purpose of this section, a "resident of the City" shall mean an individual who is domiciled in the City. Individuals who temporarily live in the City during the term of the project shall not be considered residents of the City for the purpose of this section.
G. 
Applicability to agencies acting on behalf of City. Any and all activity of any independent agency operating or acting on behalf of the City, including but not limited to the City Redevelopment Authority, the City Office of Economic Development and the City Housing Authority, shall comply with the provisions of this section.
In accordance with the State Standard Specifications for Highways and Bridges, the contractor shall perform work amounting to no less than 50% of the total contract cost. The cost of specialty work items, however, shall be subtracted from the total contract cost, and the 50% requirement of the contractor shall be computed from this adjusted contract total cost.
The contractor shall notify the City, prior to the beginning of construction, of the names and addresses of each subcontractor which the contractor intends to employ and the portion of work which each subcontractor will perform.
Upon request from the City, the contractor shall provide the City with any information necessary to determine whether the subcontractor is reliable and able to perform the work for which he will be hired. The City reserves the right to reject any and all subcontractors on the basis of the subcontractor's prior work record.
[Added 3-15-2018 by Ord. No. 2018-7]
A. 
The following section shall be incorporated into the City of Fall River's Standard Contract General Conditions Form as of July 1, 2018, and apply to every new contract and every renewal term of a contract entered into after that date:
The Contractor certifies that neither it nor any of its subcontractors have been subject to a federal or state criminal or civil judgment, final administrative determination, order or debarment resulting from a violation of MGL Chapter 149, MGL Chapter 151, the Fair Labor Standards Act or any other state or federal laws regulating the payment of wages within three years prior to the date of the contract; or certifies that it has provided copies of any and all of the above to the City prior to the date of the contract and any required wage bond or insurance; and certifies that while the contract is in effect, it will report any instance of the above to the City within five days of the contractor's receipt; except that a contractor shall not be responsible for such certification on bids by Trade Contractors that there were submitted in accordance with MGL Chapter 149A.
B. 
The following provisions shall be included in any request for proposals, invitation for bids or request for qualifications issued by the City on or after July 1, 2018:
(1) 
Prospective vendors must provide the following certifications or disclosures in writing to the purchasing agent with their bids or proposals. Failure to provide the following shall result in rejection of the bid or proposal;
(2) 
Prospective vendors must certify that neither they nor any of their subcontractors have been subject to a federal or state criminal or civil judgment, final administrative determination, order or debarment resulting from a violation of MGL Chapter 149, MGL Chapter 151, the Fair Labor Standards Act or any other state or federal laws regulating the payment of wages within three years prior to the date vendors submit their bids or proposals; except that a vendors shall not be responsible for such certification on bids by Trade Contractors which were submitted in accordance with MGL Chapter 149A; or
(3) 
Prospective vendors must disclose any such criminal or civil judgments, final administrative determination, order or debarment and include copies with their bids or proposals.
(4) 
Prospective vendors are notified that they must report any such criminal or civil judgment, final administrative determination, order or debarment from a violation of MGL Chapter 149, MGL Chapter 151, the Fair Labor Standards Act or any other state or federal laws regulating the payment of wages while any of their bids or proposals to the responsible department official are pending and, if awarded a contract, during the term of the resulting contract, within five days of vendor's receipt.
(5) 
Prospective vendors that are subject to a state or federal debarment for violation of the above laws, either voluntarily or involuntarily, or that have been prohibited from contracting with the commonwealth or any of its agencies or subdivisions will be deemed not responsible and their bids or proposals shall be rejected. Such vendors shall be deemed not responsible for the entire term of debarment or other stated time period. During the term of a contract, upon a finding or order of such debarment or prohibition, the City may terminate the contract.
(6) 
Vendor(s) awarded a contract that have disclosed a federal or state criminal or civil judgment, final administrative determination, order or debarment resulting from a violation of MGL Chapter 149, MGL Chapter 151, the Fair Labor Standards Act or any other state or federal laws regulating the payment of wages within three years prior to the date they submit their bids or proposals, or vendor(s) awarded a contract that receive a federal or state criminal or civil judgment, order or final administrative determination resulting from a violation of MGL Chapter 149, MGL Chapter 151, the Fair Labor Standards Act or any other state or federal laws regulating the payment of wages during the term of the contract and that are not otherwise prohibited from public contracting may be required by the City to obtain a wage bond or other form of suitable insurance in an amount equal to the aggregate of all projected labor costs for the contract. Such bond must be maintained for the terms or extensions of any contract, and proof of such bond must be provided upon request by the City.
(7) 
Vendor(s) awarded a contract that have disclosed a federal or state criminal or civil judgment, final administrative determination, order or debarment resulting from a violation of MGL Chapter 149, MGL Chapter 151, the Fair Labor Standards Act or any other state or federal laws regulating the payment of wages within three years prior to the date they submit their bids or proposals and through the contract term shall furnish their monthly certified payrolls to the responsible department for all employees working on such contract; except trade contractors who provide the City with weekly certified payrolls as regulated by MGL Chapter 149, § 273.