Revere residents, qualified by craft, should be part of and
benefit from improvements in the city of Revere, specifically those
public projects including, but not limited to, residential, institutional,
industrial and commercial construction which are funded by public
funds.
Therefore, it is appropriate for the city of Revere to make
certain that each public project constructed with public funds as
defined herein, includes employment opportunities for Revere residents
through compliance with the ordinance codified in this chapter entitled
the "Revere residents construction employment ordinance."
(C.O. 97-284 § 1 (part))
means the city department or agency assigned or directly
responsible for the bidding and/or project management of public construction.
means all persons, corporations, agencies, firms, businesses,
developers, bidders and subcontractors, for projects defined herein
as public construction, except so-called design services pursuant
to Massachusetts General Laws Chapter 7, Section 30K.
means the most recent Commonwealth of Massachusetts Department
of Labor and Industries list for minimum wage rates under the prevailing
wage laws as determined by G.L. Chapter 149, Sections 26 to 27D.
means the form used by the monitoring committee to render
decisions on submittals of the Revere resident employee reporting
form submitted by the bidding authority. Such form may be from time
to time amended by the monitoring committee to suit the purpose and
intent of this chapter.
means a project or a contract for construction of a project
taking place within the city of Revere which is funded in whole or
in part by city, state, federal or other public funds, or by grant
funds administered by the city or which in accordance with a federal,
state or other grant which the city expends or administers or a contract
to which the city is a signatory. All owner-occupied residences, projects
which cost less than one hundred thousand dollars and projects undertaken
by any regional commission or board to which the city is not the sole
signatory are exempt from this chapter.
means any person for whom the principal place of residence
is within the city of Revere for at least six months immediately prior
to the award, contracting and/or permitting of a public construction
project. Proof of such residence may include, but is not limited to,
the following: a valid Massachusetts drivers license indicating a
Revere residence, utility bills, proof of voter registration within
the city of Revere or such other proof acceptable to the monitoring
committee. Any person who provides false information regarding his
or her residence shall be subject to a fine of no more than one thousand
dollars.
means the form submitted by the contractor within twenty-one
days of acceptance of the contractor. Such list shall contain Revere
residents that have been contacted and confirmed to be employed by
the contractor. Such form may be from time to time amended by the
monitoring committee to suit the purpose and intent of this chapter.
This form must be submitted by the contractor with any and
all bids for public construction. Such form may be from time to time
amended by the monitoring committee to suit the purpose and intent
of this chapter.
Herein known as "Monitoring Committee."
The Revere residents construction employment ordinance, its
enforcement, and compliance with its requirements shall be monitored
by the Revere residents construction employment monitoring committee.
Such committee shall be comprised of five individuals including the
following and each shall serve at the discretion of his or her appointing
authority:
Initially, one appointment by the mayor and one appointment
by the city council (not the appointee recommended by the Greater
Boston Labor Council) shall serve for one year. Except as noted herein
all appointments made in accordance with this chapter shall serve
for two year terms. Such terms may be sooner terminated, with or without
case, by the appointing authority named herein. All action by the
monitoring committee shall be by majority vote of a quorum of the
then appointed members. A quorum shall be no less than three members.
(C.O. 97-284 § 1 (part))
On public construction projects as defined herein, the contractor
shall comply with the following requirements:
A.
In
accordance with this chapter, the contractor shall be required to
provide employment in the amount of thirty-five percent minimum per
craft of the total project hours to Revere residents qualified by
craft.
B.
The
contractor shall be required to provide employment in the amount of
ten percent minimum per craft of the total project hours to minorities
qualified by craft.
C.
The
contractor shall be required to provide employment in the amount of
five percent minimum per craft of the total project hours to women
qualified by craft.
D.
The
contractor shall be required to provide employment in the amount of
five percent minimum per craft of the total project hours to apprentices
indentured to a bona fide apprenticeship program, approved by the
Commonwealth of Massachusetts.
E.
The
contractor shall be required to submit with any and all bids for public
construction the Revere residents employment certification form which
will be made available in the bid specifications. It is the responsibility
of the contractor to complete such form.
F.
The
contractor as determined by the bidding authority shall within twenty-one
days of such determination complete the Revere residents employee
reporting form and submit the form to the bidding authority.
G.
The
contractor may submit with the Revere resident employee reporting
form a request for waiver. Such waiver shall be based on the fact
that after review of sufficient data, a sufficient pool of labor to
meet the minimum requirements does not exist.
H.
Failure
of the contractor to submit such forms completed with the bid or after
determination of lowest bidder shall be sufficient reason for the
bidding authority upon the recommendation of the monitoring committee
to not accept such bid.
(C.O. 97-284 § 1 (part))
On public construction projects as defined in Section 15.16.020 of this chapter, each contractor shall comply with the following additional provisions for the protection of employees:
A.
The
contractor must comply with the obligations established under M.G.L.,
Chapter 149 to pay the appropriate lawful prevailing wage rates to
employees.
B.
The
contractor must maintain or participate in a bona fide apprentice
training program as defined by M.G.L., Chapter 23, Sections 11H, 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 journeymen
ratio for each trade prescribed therein in the performance of the
contract.
C.
The
contractor must furnish at its expense, hospitalization and medical
benefits for all 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 M.G.L., Chapter 149, Section 26 in establishing minimum wage rates.
D.
The
contractor must maintain appropriate industrial accident insurance
coverage for all the employees employed on the project in accordance
with M.G.L. Chapter 152.
E.
The
contractor 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 (M.G.L. Chapter 149, Section
148B).
(C.O. 99-171)
A.
Such
committee shall meet on a bi-weekly basis, or as needed, end shall
review and monitor all information and documentation provided by developers
to establish compliance with this chapter. Upon request, all contractors
shall submit weekly workforce reports listing the following: name
of each employee; residential address of each employee and length
of residence; craft of each employee; job category of each employee;
hours worked of each employee; hourly wage of each employee and company
for which each employee is employed. If through such monitoring, it
is determined that one or more contractors are not complying with
this chapter, the committee shall immediately direct that the affirmative
action officer and/or the bidding authority to initiate procedure
for enforcement. The committee shall draft and accept all forms that
are necessary for compliance with this chapter.
B.
In
the event of violation of this chapter, upon three days written notice
to the violator, the monitoring committee, through the city's bidding
authority or affirmative action officer, may take any or all of the
following actions:
1.
Assessment
of a fine of three hundred dollars per day of violation, or the maximum
amount allowed by law whichever is greater, against the contractor
who violates this chapter. Any fine imposed which is not paid in full
by the violator shall be offset by the city of Revere against any
payment due to the contractor under any contract for the project;
2.
Cease-and-desist
order against any contractor to stop the project;
3.
Liquidated
damages payable to the city in the amount of five percent of the dollar
value of the contract;
4.
Only
the monitoring committee shall be entitled to injunctive relief to
enforce the terms of this chapter.
C.
The sole exception to the implementation of such enforcement procedures is the determination and approval of the monitoring committee, as defined in Section 15.16.050 of this chapter, that compliance cannot be obtained because of high local construction employment levels of Revere and Revere residents or cannot comply with the requirements set forth in Section 15.16.030 of this chapter, being unavailable, a waiver from compliance should be allowed.
(C.O. 97-284 § 1 (part))
In the event of high local construction employment levels of qualified Revere residents, and documented inability of the contractor to hire qualified and competent local employees because of such high local construction employment levels, compliance with the provisions of this chapter shall be waiver in whole or in part, on a case by case basis, through a determination made by the monitoring committee, as defined in Section 15.16.040 of this chapter, that high local employment levels prohibit the contractor from hiring local area employees as required. Such documentation shall include evidence of efforts conducted by the developer, contractor and subcontractors which shows a high level of effort in attempting to obtain local employees. Such effort shall include local advertising to seek local employees and solicitation of local companies for contracting purposes.
(C.O. 97-284 § 1 (part))
A.
The
monitoring committee shall review the Revere resident employee reporting
form(s) as submitted by the contractor and the bidding authority.
The monitoring committee shall further be responsible for carrying
out the review provisions of this chapter.
B.
The
monitoring committee shall make decisions as cited below with the
following criteria:
1.
Ensure
that the contractor has completed the Revere employee reporting form.
2.
The information provided must show compliance with minimum employment requirements cited in Section 15.16.030 of this chapter.
3.
The
contractor shall have received commitments from Revere residents in
accordance with the Revere resident employee reporting form.
C.
The
monitoring committee shall file a final decision with the affirmative
action officer within fourteen days of receipt of the information
as cited in this section. Such decision shall also be forwarded to
the bidding authority and sent registered mail to the contractors
who have been reviewed for compliance. Such decision shall be in the
manner of the form titled "Revere residents employment monitoring
committee decision on compliance with the Revere residents construction
ordinance."
(C.O. 97-284 § 1 (part))
A.
Fourteen
days prior to the date of public bidding (including any and all subcontractor
bidding), it shall be the responsibility of the bidding authority
to serve public notice to the residents of the city of Revere that
a public construction project is being bid. Such notice shall be for
the purpose of informing the Revere residents of employment opportunities
in accordance with job classifications (the DLI list) applicable to
the project being bid.
B.
Such
notice shall be placed in the newspaper of regular circulation fourteen
days prior to the bid notice and shall include all project information
as required and require the inclusion of the following language at
the beginning of such notice:
CITY OF REVERE NOTICE OF PUBLIC CONSTRUCTION REVERE RESIDENTS
CONSTRUCTION ORDINANCE REGISTRATION OF REVERE RESIDENTS FOR EMPLOYMENT.
In accordance with Revere Residents Construction Ordinance,
this is a public notice to request Revere Residents skilled in trades
as listed in MGL Chapter 149 Section 26 to 27D amended as applicable
to the below project to register their names for consideration of
employment for such project. Registration must be made on the appropriate
form titled "Revere Resident Public Construction List" at 281 Broadway,
Revere.
C.
The
bidding authority shall include a copy of this chapter and any and
all forms in all copies of the bid specification for public construction
projects as defined herein.
D.
It
shall be the responsibility of the bidding authority to submit to
the affirmative action officer a copy of the DLI listing, Revere resident
construction list with the appropriate items completed and the Revere
resident employee reporting form for the lowest bidder.
(C.O. 97-284 § 1 (part))
A.
It
shall be the responsibility of the affirmative action officer to maintain
the Revere resident public construction list on a project by project
basis and provide copies of such list to all prospective contractors
bidding on public construction. A running list of all registrants
shall also be maintained in a database for use by the city for contacting
Revere residents.
B.
Upon
receipt of such forms from the bidding authority, the affirmative
action officer shall transmit copies to the monitoring committee.
(C.O. 97-284 § 1 (part))
Where this law or any selection of employees thereto conflicts
with other laws relating to affirmative action hiring requirements
as set forth by federal, state or local laws, those laws shall supersede
this chapter.
(C.O. 97-284 § 1 (part))
In the event any section of this chapter is deemed illegal,
unenforceable or unconstitutional, then the remaining sections shall
remain in full force and effect.
(C.O. 97-284 § 1 (part))
With the submission of bids, the bidder shall submit a written
statement detailing for each trade that it will employ in the performance
of the contract, the health insurance that it will make available
to its employees. The statement shall include, but not be limited
to, the name of the insurance carrier, if any, a copy of the insurance
binder, a description of the benefits provided to the employees, including
all co-payments and deductibles, the cost of the insurance to the
bidder and to the employee, the minimum qualifications for coverage,
the names and Social Security numbers of all the craftsmen currently
covered by the health insurance. If the bidder is the low bidder,
such health insurance policy will become part of the contract documents.
Receipt by the (name of the awarding authority) and inclusion in the
contract document shall not be deemed to be approval by the (name
of awarding authority) of the insurance or of its sufficiency and
shall in no event relieve the bidder of its responsibility to make
comprehensive health insurance available to its employees. However,
any bidder who pursuant to a collective bargaining agreement contributes
to a multi-employer health and welfare trust fund may satisfy the
reporting requirements of this subsection by identifying said health
and welfare fund.
(C.O. 97-284 § 1 (part))
