[HISTORY: Adopted by the City Council of the City of Quincy
as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-17-1993 as
Ch. 12.28 of the 1993 Code]
A.
Ratio.
On any construction project funded in whole or in part by City funds,
funds from a federal grant or loan, or City-approved Massachusetts
Industrial Finance Agency (MIFA) applications, or projects for which
the City administers the construction contract, and when a project
has a projected cost of more than $250,000, residents of Quincy who
are qualified to perform the work to which the employment 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.
B.
Posting
of advertisements. Prior to entering into a construction agreement
involving more than $250,000, the owner, developer or contractor shall
place a reasonable size advertisement, at least three inches by five
inches in size, at least twice, in at least one newspaper having a
local distribution, on a craft-by-craft basis, indicating that bids
are sought and that qualified residents of Quincy shall be given preference
consideration in hiring on a three-to-one ratio.
C.
Definition.
For purposes of this article, a resident of Quincy means 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 Quincy for the purposes of this article.
In any project with a projected cost of more than $250,000, companies receiving public assistance through the financing agencies listed in § 249-1A 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 the aforementioned conditions.
[Amended 6-1-2020 by Order
No. 2020-012]
Minorities and women shall additionally be accorded preference
for their hiring, as provided for in the federal, state or municipal
laws. This provision shall either be included or provisions requiring
the same will be deemed included in all construction agreements.
[Amended 6-1-2020 by Order
No. 2020-012]
A.
Any bidder for work covered by this article must notify the Quincy Equal Opportunity Administrator of the names and addresses of any individuals currently employed by the bidder who are not residents of Quincy and who the bidder intends to employ on the project. Such notice shall be in writing at least 48 hours prior to the opening of the bids. Failure to so notify the Administrator shall be deemed an admission by the bidder that the composition of the workforce for the project will not be in accordance with § 249-1A.
B.
The Quincy Equal Opportunity Administrator will be furnished copies
of names and home addresses of employees, upon request, and will be
furnished such other proof of compliance as said Administrator may
request, upon written request for the same, within seven days of such
request.
This article shall be enforced by the Commissioner of Public
Works or his designee in conjunction with the Quincy Equal Opportunity
Administrator. A fine of $300 shall be levied and withheld from the
payment of any contractor who violates this article for each day the
contract remains in violation.
[Added by Order
No. 97-104]
All bidders and all subcontractors under the bidder for projects
subject to MGL c. 149, § 44A(2), shall, as a condition precedent
for bidding, substantially agree in writing that they shall comply
with the following obligations:
A.
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
Standards and must abide by the apprentice to journeymen ratio for
each trade prescribed therein in the performance of the contract.
[Amended 6-1-2020 by Order
No. 2020-012]
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 this obligation 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 obligation.
C.
Any bidder or subcontractor under the bidder who fails to comply
with this obligation as set forth in this section for any period of
time shall be subject to one or more of the following sanctions which
shall be ordered by the Mayor or his designee:
(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 in the amount of 5% of the
dollar value of the contract.
D.
In addition to the sanctions outlined in Subsection C 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 Subsections A and B of this section 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.
E.
The provisions of this section shall not apply to construction projects
for which the low general bid was less than $100,000 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 re-bids for construction
projects for which the City receives fewer than three qualified general
contract bidders in the original bid.
