The appointment, terms of office and removal of the members
of the Board of Public Works shall be as provided by Acts of 1980,
c. 207.
The Board of Public Works shall consist of three citizens of
the City who have been residents therein at least two years immediately
preceding the date of their appointment. Board members shall serve
without compensation.
[Amended 5-9-2000 by Ord. No. 2000-10; 7-15-2008 by Ord. No.
2008-40]
The Board of Public Works shall serve solely in an advisory
capacity to the Director of Community Maintenance and shall organize
itself as it deems appropriate for the purpose of discharging its
advisory functions. The Board is limited to performing the following
advisory functions:
A. Advise the Director of Community Maintenance on contracted and/or
technical services.
B. Assist the Director of Community Maintenance in developing a strategic
planning process for department operations.
C. Assist the Director of Community Maintenance in formulating capital
improvement programs.
D. Advise, upon request, the Director of Community Maintenance with
regard to the awarding of contracts for the purchase of services and/or
material.
E. Advise the Mayor regarding the appointment of the Director of Community
Maintenance.
[Amended 4-25-2000 by Ord. No. 2000-8; 4-6-2010 by Ord. No.
2010-14; 9-14-2010 by Ord. No. 2010-29
A. All bidders and subcontractors under the bidder for projects subject
to MGL c. 149, § 44A(2), as amended, shall, as a condition
for bidding, agree in writing that they shall comply with the following
obligations:
[Amended 10-30-2012 by Ord. No. 2012-37]
(1) The bidder and all subcontractors under the bidder shall comply with §
2-294 as it currently exists and as it may, from time to time, be amended.
(2) The bidder and all subcontractors under the bidder must comply with
the obligations established under MGL c. 149, as amended, to pay the
appropriate lawful prevailing wage rates to their employees.
(3) 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, as amended.
(4) 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 in accordance with MGL c. 149, § 148B, as amended,
and further, for purposes of equal opportunity and civil rights issues,
in accordance with MGL c. 151B, as amended.
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), as amended, shall comply with the obligations in Subsection
A(1) through
(4) above 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.
C. Any bidder or subcontractor under the bidder who fails to comply with any one of obligations Subsection
A(1) through
(4) above 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) Withholding of payment due under any contract or subcontract until
compliance is obtained;
(3) Permanent removal from any further work on the project; and
(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 above, a general bidder or contractor shall be equally liable for the violations of its subcontractors, with the exception of violations arising from work performed pursuant to subcontractors that are subject to MGL c. 149 § 44F, as amended. Any contractor or subcontractor who has been determined to have violated any of the obligations set forth in Subsections
A and
B above 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 subcontractors that are subject to MGL c. 149 § 44F,
as amended, and that were bid for less than $25,000, or tore-bids
for construction projects for which the City receives fewer than three
qualified general contract bidders in the original bid.
F. If any provisions of this section, or the application of such provision
to any person or circumstances, shall be enjoined or held to be invalid,
the remaining provisions of this section, or the application of such
provisions to persons or circumstances, other than that which is enjoined
or held invalid shall not be affected thereby.