[HISTORY: Adopted by the Municipal Council of the City of Taunton as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-25-1984 (Ch. 2, Art. XI, of the 2010 Code)]
The term "bona fide resident" as used in this article shall, unless the context otherwise requires, have the following meaning: any person for whom the principal place where that person normally eats and sleeps and maintains his or her normal personal and household effects is within the City limits of the City of Taunton.
On any construction project funded in whole or in part by City funds or funds which, in accordance with a federal grant or otherwise, the City expends or administers, or in which the City is a signatory to the construction contract, the department involved shall determine whether the language in Subsection B of this section may be included in the contract without a detrimental effect upon the cost or quality of the project. If the department determines that the language may be included without detrimental effect, then it shall, to the extent practicable and to the extent allowable by law, include such language or its substantial equivalent in the contract.
To the extent allowable by law, a contractor shall work in good faith with the City to:
Editor's Note: This ordinance also repealed original §§ 2-307 through 2-311 which immediately followed this section.
Prior to the submission of a request for proposal (RFP) by the City of Taunton or any agency or department thereof for any fully or partially financed public project within the City of Taunton, the Municipal Council shall be required to consider the inclusion of a project labor agreement (PLA), so called, which shall be a project-specific agreement, negotiated at the onset of the project, between the contractor, subcontractors, and the unions representing the crafts that are needed for the project, as a term of the RFP.
This requirement shall only apply to any project that is estimated to be in excess of $10,000,000 in the aggregate and involves the construction, rehabilitation or renovation of a minimum of two structures or buildings.
[Adopted 12-11-2001 (Ch. 2, Art. XVII, of the 2010 Code)]
In a concerted effort to ensure that all municipal public works projects are completed in compliance with the federal Americans with Disabilities Act (ADA) and the State Architectural Access Board regulations (AAB), the following shall be subject to the requirements of this section:
Any reconstruction, resurfacing and/or new construction of a public and/or private way opened to public travel or road.
Any resurfacing, reconstruction, repair and/or new construction of any portion of a sidewalk located on a public way or private way opened to public travel.
Any construction, addition, or renovation to a municipally owned and/or operated public building. This specifically includes but is not limited to anything dealing with bathrooms and locker rooms, fire alarms, doors and doorways, accessible routes, and stairs.
Any rehabilitation, reconstruction, and/or new construction of a publicly owned and/or operated park and/or playground.
Lining, relining, and/or erection/replacement of signs related to crosswalks and municipally owned and/or operated parking.
All of the activities specified above shall be subject to the following process:
During the design and prior to the commencement of any project, whether performed by private contractors or municipal employees, the municipal official overseeing the work shall notify the ADA Coordinator of the upcoming project and shall provide a description of the work to be completed and any available plans for review by the ADA Coordinator for ADA/AAB compliance.
Based on the submitted information, the ADA Coordinator shall issue a letter of review to the overseeing municipal official of the work to be completed. In the event that any of the work to be completed does not appear to meet or conform to ADA/AAB requirements, the review letter shall be issued with a list of identified deficiencies present in the proposed plan of work, and the design shall be altered to resolve the deficiencies and constructed to conform to ADA/AAB requirements.
In the event that a project or portion of a project does not conform to ADA/AAB requirements during construction, payment(s) to the responsible party or parties (engineer/architect, contractor, etc.) for such nonconforming work shall be withheld in an amount sufficient to correct all deficiencies until the responsible party or parties have corrected the violations in a manner so as to conform to ADA/AAB requirements. In addition, all retainage shall be withheld by the municipal official responsible for overseeing the work until all needed corrections have been satisfactorily resolved to conform to ADA/AAB requirements.
The provisions of this section shall be included in the specifications of any public works or buildings contract executed by and between the City of Taunton or any department or agency thereof and private contractors.
All projects completed by municipal personnel shall be inspected by the ADA Coordinator and where appropriate the Building Commissioner prior to being deemed complete. Responsibility for notifying the ADA Coordinator that a project is ready for inspection shall reside with the municipal employee in charge of completing the project.
It is incumbent upon the municipal official coordinating and overseeing a project to ensure that the designs, designers, contracts, contractors, engineers, and architects design and build all City projects in accordance with state and federal accessibility guidelines.
All projects submitted to the ADA Coordinator shall include the following information:
A detailed scope of work identifying the location of work and all work that will be performed as part of the project, an estimate of the completion cost and, in the case of a building project, the existing value of the site.
Any available plans of the subject area shall be submitted with the scope of work.
No pole, sign, mailbox, permanent trash receptacle, or any other object shall be placed, located, relocated and/or replaced in or on a municipal sidewalk in such a manner that less than 36 inches clear space for the path of travel is provided around the obstruction on the sidewalk. This shall not include residential trash and trash receptacles placed on a sidewalk for municipal trash pickup.
The fine for noncompliance shall be $300 per day per violation, and each object shall constitute a separate violation. Fines shall not be imposed and shall be considered waived if the identified ADA/AAB noncompliance is brought into full compliance within 60 days of notification and provided that fines have not been levied by the State Architectural Access Board and/or the federal or state courts. In addition, fines may be waived or reduced by a majority vote of the Municipal Council.