CHICOPEE RESIDENT
Any person for whom the principal place of residence is within
the City of Chicopee during the entirety of time the person works
on a public construction project within the City of Chicopee. Proof
of such residence may include, but is not limited to, the following:
a valid Massachusetts driver's license or Massachusetts identification
card, utility bills, proof of voter registration, or such other proof
acceptable to the City of Chicopee.
Whenever the City of Chicopee is procuring construction services
subject to the provisions of MGL c. 149, MGL c. 149A or MGL c. 30,
§ 39M, the following shall be incorporated into the procurement
documents and made part of the specifications and contract. Any person,
company or corporation shall acknowledge, in writing, receipt of said
requirements with their bid or proposal.
A. All bidders
or proposers, contractors, and subcontractors and trade contractors,
including subcontractors that are not subject to MGL c. 149, § 44F
(the "contractor") under the bidder for projects subject to MGL c.
149, § 44A(2), MGL c. 30, § 39M, and proposers
under MGL c. 149A, shall as a condition for bidding or subcontracting
verify under oath and in writing at the time of bidding or submittal
in response to an RFP or in any event prior to entering into a contract
or subcontract at any tier, that they comply with the following conditions
for bidding, contracting or subcontracting and, for the duration of
the project, shall comply with the following requirements and obligations:
(1) The
contractor shall not have been debarred or suspended from performing
construction work by any federal, state or local government agency
or authority in the past five years.
(2) The
contractor shall not have been found within the past five years by
a court or governmental agency in violation of any law relating to
providing workers' compensation insurance coverage, misclassification
of employees as independent contractors, payment of employer payroll
taxes, employee income tax withholding, wage and hour laws, earned
sick time, prompt payment laws, or prevailing wage laws.
(3) The
contractor shall maintain appropriate industrial accident insurance
sufficient to provide coverage for all the employees on the project
in accordance with MGL c. 152 and provide documentary proof of such
coverage included with the contractor's submitted bid to the City
of Chicopee to be maintained as a public record.
(4) The
contractor shall properly classify employees as employees rather than
independent contractors and treat them accordingly for purposes of
prevailing wages and overtime, workers' compensation insurance coverage,
unemployment taxes, social security taxes and state and federal income
tax withholding. (MGL c. 149, § 148B, on employee classification)
(5) The
contractor shall comply with MGL c. 151, § 1A, and MGL c.
149, § 148, with respect to the payment of wages.
(6) The
contractor shall not discriminate against citizens of states other
than Massachusetts in hiring individuals for the project but, as between
prospective employees who are residents of Massachusetts, however,
shall give preference to residents of the City of Chicopee. The City
of Chicopee shall provide the contractor with local instructions on
the preferred means to publicize employment opportunities to Chicopee
residents.
(7) The
contractor must make arrangements to ensure that each employee of
every contractor and subcontractor of any tier entering or leaving
the project individually completes the appropriate entries in a daily
sign-in/out log. The sign in/out log shall include: the location of
the project; current date; printed employee name; signed employee
name; name of employee's employer and the time of each entry or exiting.
The log shall contain a prominent notice that employees are entitled
under state law to receive the prevailing wage rate for their work
on the project. Such sign- in/out logs shall be provided to the City
of Chicopee on a weekly basis with the certified payrolls and upon
request shall be a public record.
(8) The
contractor, prior to bidding or, if not subject to bidding requirements,
prior to performing any work on the project, shall sign under oath
and provide to the City of Chicopee a certification that they are
not debarred or otherwise prevented from bidding for or performing
work on a public project in the Commonwealth of Massachusetts or in
the City of Chicopee.
(9) The contractor must be in compliance with the health and hospitalization requirements of the Massachusetts Health Care Reform Law established by Chapter
58 of the Acts of 2006, as amended, and regulations promulgated under that statute by the Commonwealth Health Insurance Connector Authority.
(10) The
contractor must submit weekly to the City of Chicopee certified payrolls
for all employees. A certified payroll format will be provided by
the City of Chicopee that includes the employee's full name, address,
identifying number, gender and race, and which tabulates hours worked
for females, people of color and residents of the City of Chicopee.
Each contractor shall provide a copy of the OSHA 10 card for every
employee attached to the first certified payroll they submit on which
the employee appears.
(11) The
applicant and contractor agree to attend all regularly scheduled and/or
special meetings convened by the City of Chicopee for the purpose
of reviewing workforce hiring commitments in part 6.
B. A proposal
or bid submitted by any general bidder or by any trade contractor
or subcontractor under the general bidder or proposer that does not
comply with any of the foregoing conditions for bidding shall be rejected,
and no subcontract for work outside the scope of MGL c. 149, § 44F,
shall be awarded to a subcontractor of any tier that does not comply
with the foregoing conditions.
C. All bidders or proposers and all trade contractors and subcontractors under the bidder or proposer who are awarded or who otherwise obtain contracts on projects subject to MGL c. 149, § 44A(2), MGL c. 149A, or MGL c. 30, § 39M, shall comply with each of the obligations set forth in Subsection
A above for the entire duration of their work on the project, and an officer of each 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.
D. Any proposer, bidder, trade contractor or subcontractor under the bidder or proposer that fails to comply with any one of obligations set forth in Subsection
A above for any period of time shall be, at the sole discretion of the City of Chicopee, 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; 4) liquidated damages payable to the City of Chicopee in the amount of 5% of the dollar value of the contract.
E. In addition to the sanctions outlined in Subsection
D above, a proposer, 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 that has been determined by the City/Town or by any court or agency to have violated any of the obligations set forth in Subsections
A and
C above shall be barred from performing any work on any future projects for six months for a first violation, three years for a second violation and permanently for a third violation.
Minimum mandatory conditions. In addition to any other conditions
that may be required in connection with tax increment financing or
housing development exemption relief granted by the City, each tax
increment financing agreement and each housing development exemption
agreement entered into between the City and the recipient of such
relief shall be subject to and shall include the following set of
mandatory conditions:
A. It shall
be a special and material condition of this agreement that any construction
manager, general contractor or other lead or prime contractor, or
any entity functioning in any such capacity, and any other contractor
or subcontractor of any tier or other person that is engaged to perform
the construction work during the term of this agreement on the property
that is the subject of this agreement (hereinafter, collectively and
individually, the "contractor") shall comply with the following qualifications
and conditions at all times during their performance of work on the
property:
(1) The
contractor has not been debarred or suspended from performing construction
work by any federal, state or local government agency or authority
in the past five years.
(2) The
contractor has not been found within the past five years by a court
or governmental agency in violation of any law relating to providing
workers' compensation insurance coverage, misclassification of employees
as independent contractors, payment of employer payroll taxes, employee
income tax withholding, wage and hour laws, earned sick time, prompt
payment laws, or prevailing wage laws.
(3) The
contractor must maintain appropriate industrial accident insurance
sufficient to provide coverage for all the employees on the project
in accordance with MGL c. 152 and provide documentary proof of such
coverage as part of the application process, or prior to commencing
any work to the City of Chicopee to be maintained as a public record.
(4) The
contractor must properly classify employees as employees rather than
independent contractors and treat them accordingly for purposes of
minimum wages and overtime, workers' compensation insurance coverage,
unemployment taxes, social security taxes and state and federal income
tax withholding. (MGL c. 149, § 148B, on employee classification)
(5) The
contractor must comply with MGL c. 151, § 1A, and MGL c.
149, § 148, with respect to the payment of wages.
(6) The contractor must be in compliance with the health and hospitalization requirements of the Massachusetts Health Care Reform Law established by Chapter
58 of the Acts of 2006, as amended, and regulations promulgated under that statute by the Commonwealth Health Insurance Connector Authority.
(7) The
contractor must pay its employees working on the project the prevailing
rates of pay that would be applicable if the project were subject
to MGL c. 149, § 26.
(8) The
contractor shall not discriminate against citizens of states other
than Massachusetts in hiring individuals for the project but, as between
prospective employees who are residents of Massachusetts, however,
shall give preference to residents of the City of Chicopee.
(9) The
applicant shall submit a list to the City of Chicopee of all the expected
contractors to work on the project as part of the applicant's request
for tax relief. The list shall include the name of the primary contact,
the contractor's address and either a phone number or email address.
The applicant will provide a final all-inclusive list to the City
of Chicopee within 30 days of the conclusion of the project.
(10) The
applicant and/or the contractor must submit monthly to the City of
Chicopee certified payrolls for all contractors. A certified payroll
format will be provided by the City of Chicopee that includes the
employee's full name, address, identifying number, gender and race,
and which tabulates hours worked for females, people of color and
residents of the City/Town. Each contractor shall provide a copy of
the OSHA 10 card for every employee attached to the first certified
payroll they submit on which the employee appears.
(11) The
contractor must make arrangements to ensure that each employee of
every contractor and subcontractor of any tier entering or leaving
the project individually completes the appropriate entries in a daily
sign-in/out log. The sign in/out log shall include: the location of
the project; current date; printed employee name; signed employee
name; name of employee's employer and the time of each entry or exiting.
Such sign- in/out logs shall be provided to the City of Chicopee on
a weekly basis with the certified payrolls and upon request shall
be a public record.
(12) The
contractor agrees to attend all regularly scheduled and/or special
meetings convened by the City of Chicopee for the purpose of reviewing
workforce hiring commitments in part 6.
(13) Complaints
concerning compliance with the qualifications and conditions set forth
above shall be directed to the City of Chicopee responsible for project
compliance, who shall investigate the complaint and make a determination
as soon as administratively feasible and notify the complaining party
and the contractor and applicant or its designee. Such complaints
must be submitted in writing no later than 270 days following the
completion of the construction project.
B. If any person
or entity subject to the foregoing qualifications and conditions fails
to comply with any of them with respect to work on the property, the
parties agree that such an event materially frustrates the public
purpose for which this agreement and any certification by the state
was intended to advance. In such an event, the City of Chicopee shall
petition the appropriate state agency or body for revocation of the
certification and, upon such revocation, the tax relief provided by
this agreement shall be terminated and the property owner shall pay
to the City an amount equal to the value of the tax relief already
received under this agreement.
C. The applicant certifies as part of the application process that any contractor or subcontractor previously determined by the City/Town or by any court or agency to have violated any of the obligations set forth in Subsection
A for the previous five years shall not be hired to perform work on the project.
D. In the event
the owner of the property challenges the termination of the tax relief
provided by this agreement and/or the revocation by the state of any
certification, the owner shall set aside in an escrow account an amount
equal to the full amount of the tax savings that previously would
have accrued under this agreement while any such challenge remains
pending. The owner of the property shall have a continuing obligation
to contribute to the escrow account amounts equal to the additional
tax savings that accrue under this agreement while its challenge remains
pending. The owner shall promptly provide to the City of Chicopee
documentation of its compliance with this obligation. The conditions
of the escrow account shall provide that, in the event the owner is
unsuccessful in its challenge, the funds in the account shall be paid
to the City of Chicopee. The owner's obligations under this subsection
shall be judicially enforceable. It is the intent of the parties that
the residents of this municipality are third-party beneficiaries of
this agreement, and that it may be enforced in a civil proceeding
brought by not less than 10 taxable inhabitants.
If any provision of this chapter, or the application of such
provision to any person or circumstances, shall be enjoined or held
to be invalid, the remaining provisions of this chapter, or the application
of such provisions to persons or circumstances, other than that which
is enjoined or held invalid, shall be not affected thereby.