City of Fall River, MA Board of Public Works

[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:

Advise the Director of Community Maintenance on contracted and/or technical services.

Assist the Director of Community Maintenance in developing a strategic planning process for department operations.

Assist the Director of Community Maintenance in formulating capital improvement programs.

Advise, upon request, the Director of Community Maintenance with regard to the awarding of contracts for the purchase of services and/or material.

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

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]]

(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.

[1]

Editor's Note: Utility Contractors Association of New England, Inc., W. Walsh Company, Inc., and Rodney Elderkin v. City of Fall River, Judgment entered on November 18, 2011 (Civil Action No. 10-10994-RWZ).

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.

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.

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.

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.

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.