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Each year in April and October, the Boston City Council will hold a hearing to review the work of the Boston Employment Commission during the preceding six months based on a report that itemizes the number of compliance determinations, the number of developers, general contractors/construction managers and subcontractors determined to be out of compliance; the number of sanctions levied; the amount of the sanctions levied; the number of sanctions received by developers and general contractors/construction managers and subcontractors in each of the 22 trades; the total number of work hours, trade by trade; and the percentage of total hours, trade by trade performed by Boston workers, people of color and women during the preceding six months. The Boston Employment Commission will also provide data and information that will enable the Boston City Council to make a recommendation as to whether the goals for people of color or female worker hours should be raised.
(CBC 1985 8-9.9; Ord. 2017 c. 1 § 6)
This Policy does not limit contractors’ or subcontractors’ ability to assess qualifications of prospective workers, and to make final hiring and retention decisions. No provision of this Policy shall be interpreted so as to require a contractor or subcontractor to employ a worker not qualified for the position in question, or to employ any particular worker.
(CBC 1985 8-9.10; Ord. 2017 c. 1 § 6)
For the purpose of this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AFFECTED AREA. The immediate area disrupted by a major road construction project, as determined by the Transportation Department.
COMPLETION OF A MAJOR CONSTRUCTION PROJECT. The date on which the Transportation Department accepts the project as finished.
MAJOR ROAD CONSTRUCTION PROJECT. A construction project involving a street or other roadway within the city which is expected to continue in excess of six months and to cost more than $1,000,000 to complete.
SMALL BUSINESS. A business which:
(1) Has fewer than 20 full- and part-time employees; and
(2) Had a yearly sales volume of less than $1,000,000 during its most recent fiscal year.
(CBC 1985 8-10.1; Ord. 1990 c. 6 § 1)
The plans for all major road construction projects shall include a plan for minimizing the disruption to be caused to both small businesses and residents within the affected area. The types of disruption which must be minimized shall include, but shall not be limited to, disruption in the flow of vehicular and pedestrian traffic, loss of parking, interruption of utilities, storage of construction equipment, noise and dust, rodent infestations, deliveries to the construction site and to small businesses and damage to landscaping. This disruption mitigation plan must be approved by the Transportation Department prior to the start of construction. No Officer in charge of a Department issuing a building permit, street occupancy permit or any other permit necessary for a major road construction project shall issue such a permit until the Transportation Department has approved that project’s disruption mitigation plan. In addition, no Officer authorized to enter into any contract for conducting any part of a major road construction project on any street, roadway or other land owned by the city or any of its Agencies shall enter into such a contract unless that contract incorporates the provisions of the disruption mitigation plan approved by the Transportation Department.
(CBC 1985 8-10.2; Ord. 1990 c. 6 § 2)
(A) All individuals, developers and general contractors performing any part of a major road construction project shall set aside an amount equal to 0.5% of the expected total cost of the road construction work they are performing as a contingency fund for the reimbursement of damages to small businesses caused by disruption due to the project. This Disruption Impact Fund shall be deposited with the Public Facilities Department prior to the start of construction. No street occupation permit or other permit issued by any Officer in charge of a Department with respect to a major road construction project shall be valid if the Disruption Impact Fund is not on deposit with the Public Facilities Department.
(B) If a small business within the affected area:
(1) Suffers a decline in its gross receipts equal to or greater than 20% for any period of 60 consecutive days during the course of the construction work; and
(2) That decline can be reasonably attributed to the disruption caused by the major road construction project, then that small business is eligible for reimbursement from the disruption impact fund in an amount equal to the direct and incidental damage to its business which is reasonably attributable to the disruption caused by the project. Compliance with the disruption mitigation plan by those parties performing the construction work shall in no way affect any small business’s eligibility for reimbursements from the Disruption Impact Fund. For the purposes of determining a decline in gross receipts, gross receipts for the relevant 60-day period shall be compared with the average of the small business’ gross receipts from the same 60-day period in the previous two fiscal years.
(C) The Public Facilities Department shall administer the disruption impact fund. However, eligibility for reimbursements from the disruption impact fund shall not be determined by the Public Facilities Department. Rather, eligibility for the reimbursements shall be determined by arbitration, in accordance with the Commercial Arbitration Rules of the American Arbitration Association.
(D) The Public Facilities Department shall prepare and distribute application forms for small businesses to use to document their claims. Small businesses shall return completed applications to the Public Facilities Department. Upon receiving a completed application from a small business, the Public Facilities Department shall:
(1) Notify the individuals, developers or general contractors responsible for depositing the project’s Disruption Impact Fund of the small business’ claim; and
(2) Refer the small business’ claims for appropriate arbitration.
(E) The Public Facilities Department shall be responsible for disbursing the reimbursements from the Disruption Impact Fund to those small businesses the arbitrator determines to be eligible. The individuals, developers or general contractors responsible for initially depositing the Disruption Impact Fund for the project shall reimburse the Disruption Fund for all disbursements made from the fund to small businesses and for all disbursements made to pay the fees for the arbitration. No street occupation permit or other permit issued by any Officer in charge of a Department with respect to a major road construction project shall be valid if the Disruption Impact Fund is not regularly replenished after the Public Facilities Department makes disbursements from the Fund.
(F) Small businesses may apply to the Public Facilities Department for reimbursements from the Disruption Impact Fund as soon as they believe they meet the eligibility criteria, but they must apply no later than 30 days after completion of the major road construction project. Small businesses may make successive reimbursement applications during the course of the construction work if the small business continues to suffer qualifying declines in business.
(G) When 90 days have passed after the completion of a major road construction project and all outstanding claims for reimbursement made to the Public Facilities Department have been finally resolved, the Public Facilities Department shall return any funds remaining in the disruption impact fund to the individual, developer or general contractor who originally deposited those funds with the Public Facilities Department.
(CBC 1985 8-10.3; Ord. 1990 c. 6 § 3)
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