All bidders and all subcontractors under the bidder for projects
subject to MGL c. 149, § 44A(2), shall, as a condition for
bidding, agree in writing that they comply with the following obligations:
(a)
Qualifications.
1.
The bidder and all subcontractors under the bidder shall comply with
the Weymouth Responsible Employer Ordinance as it currently exists
and as it may, from time to time, be amended. All bidders and all
subcontractors under the bidder must provide documentation that they
are in compliance with the provisions of this section prior to the
bid opening.
2.
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 the obligations of the Town of Weymouth's Responsible
Employer Ordinance 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 it
is in compliance with such obligations.
(b)
Requirements.
1.
The bidder and all subcontractors under the bidder must comply with
the obligations established under MGL c. 149 to pay the appropriate
lawful prevailing wage rates to their employees.
2.
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
and Industries and must abide by the apprentice-to-journeyman ratio
for each trade prescribed therein in the performance of the contract.
3.
In a manner that is consistent with applicable law and regulations,
any bidder or subcontractor under a bidder awarded a contract subject
to this policy shall give special consideration to recruiting workers
who are residents of the Town of Weymouth for each apprenticeable
trade or occupation represented in their workforce that is approved
by the Division of Apprentice Training of the Department of Labor
and Industries, and must consider hiring qualified residents of the
Town of Weymouth in filling the apprentice-to-journeyman ratio for
each trade prescribed therein in the performance of the contract.
4.
The bidder and all subcontractors under the bidder must furnish,
at their expense, hospitalization and medical benefits for all their
employees employed on the project and/or coverage at least comparable
in value to the hospitalization and medical benefits provided by the
health and welfare plans in the applicable craft recognized by MGL
c. 149, § 26, in establishing minimum wage rates.
5.
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.
6.
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, employment taxes, social security taxes and income tax withholding
per MGL c. 149, § 148B.
7.
The bidder and all subcontractors under the bidder must maintain
a bona fide pension plan for all their employees employed on the project.
8.
The provisions of this section shall not apply to construction projects
for which the low general bid was less than $200,000 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 rebids for construction
projects for which the Town of Weymouth receives fewer than three
qualified general contract bidders in the original bid.
(c)
Sanctions.
1.
Any bidder or subcontractor under the bidder who fails to comply
with any one of the obligations as set forth in the policy for any
period of time shall be, at the sole discretion of the Town of Weymouth,
subject to one or more of the following sanctions:
a.
Cessation of work on the project until compliance is obtained;
b.
Withholding of payment due under any contract or subcontract until
compliance is obtained;
c.
Permanent removal from any further work on the project;
d.
Liquidated damages payable to the Town of Weymouth in the amount
of 5% of the dollar value of the contract.
2.
In addition to the sanctions outlined in Subsection (c)(1) above,
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 subcontractors that are subject to MGL
c. 149, § 44F. Any contractor or subcontractor who has been
determined by the Town of Weymouth to have violated any of the obligations
set forth in 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.
(d)
Waiver.
Any proposed waiver of the provisions of Paragraph (1) of this
section can only be made with the approval of the Mayor of the Town
of Weymouth.
If any provision 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.
