[Adopted 2-16-2010 by Ord. No. 10-01]
Except as herein provided or as may be specifically authorized
by the Purchasing Agent or as specifically exempt under provisions
of the laws of the commonwealth, it shall be unlawful for any City
employee or official to purchase any supplies or services other than
through the Purchasing Department and in accordance with this chapter.
This section shall apply to all vertical construction projects
awarded by the City of Chicopee.
A. The
general contractor and all subcontractors under the general contractor
shall make a good faith effort to employ local workers when qualified
local workers are available for work.
B. The
general contractor and all subcontractors under the general contractor
must comply with the obligations established under MGL c. 149 to pay
the appropriate lawful prevailing wage rates to their employees.
C. The general contractor and all subcontractors under the general contractor
must maintain appropriate industrial accident insurance coverage for
all the employees on the project in accordance with MGL c. 152.
D. The general contractor and all subcontractors under the general 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. (See MGL c. 149, § 148B,
on employee classification.)
E. Bids submitted by all general contractors and subcontractors whose
total bid exceeds $2,000,000 and all subcontractors whose total filed
sub bid under MGL c. 149, § 44F, exceeds $500,000 shall
at the time of bidding 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 Workforce Development ("Division")
and must register all apprentices with the Division and abide by the
apprentice to journeyman ratio for each trade prescribed therein in
the performance of any work on the project. All general contractors
and subcontractors shall provide a certificate of compliance from
the Division as part of their bid submittal and periodically thereafter
as determined by the City of Chicopee.
F. The general contractor and all subcontractors under the general contractor
must at the time of bidding certify that all employees to be employed
at the worksite will have successfully completed a course in construction
safety and health approved by the United States Occupational Safety
and Health Administration at the time the employee begins work. The
general contractor and all subcontractors shall furnish documentation
of successful completion at the time the employee begins work.
G. The general contractor and all subcontractors under the general contractor
must at the time of bidding and throughout the duration of the construction
contract furnish, at their expense, hospitalization and medical coverage
for all their workers at a level not less than that available through
the Massachusetts Health Care Connector. For purposes of this hospitalization
and medical coverage requirement, a general contractor or subcontractor
may satisfy this requirement by providing proof acceptable to the
City of Chicopee that any or all of their workers are a covered person
under a medical and hospitalization plan provided by a parent, spouse,
partner or otherwise with coverage at a level not less than that available
through the Massachusetts Health Care Connector.
H. All general contractor and subcontractors under the general contractor
who are awarded or who otherwise obtain construction contracts with
the City of Chicopee shall comply with all of the above detailed obligation
at the commencement of the contract and throughout full contract period.
I. Any general contractor or subcontractor under the general contractor
who fails to comply with the obligation detailed above shall be subject
to any one or more of the following sanctions as determined by the
Building Commission and Purchasing Agent with the concurrence of the
Mayor:
(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.
J. If any provision of this article, or the application of such provision
to any person, entity or circumstances, shall be enjoined or held
to be invalid, the remaining provisions of this section, or the application
of such section to persons or circumstances, other than that which
is enjoined or held invalid shall be not affected thereby.
The Purchasing Agent shall have the authority to join other
units of government (federal, state, county, municipal and municipal
subdivisions, including such quasi-municipal agencies as water districts,
sewer districts, etc.) in cooperative purchasing plans when the best
interest of the City would be served thereby and such action is in
accordance with and pursuant to law.
The Purchasing Agent shall perform such other duties related
to the functions, duties and authorities set forth herein as may be
prescribed by the Mayor or any applicable state or local laws and
ordinances.
The City Purchasing Agent shall submit to the Mayor and the
City Council an annual report on the work of his office in carrying
out the provisions of this article.