Amendment #30 to H4707

Responsible development and taxpayer protection

Mr. Donahue of Worcester moves to amend the bill in section 109 by adding the following:

(a) Prior to performing work on a construction, development, renovation, remodeling, reconstruction, rehabilitation or redevelopment project receiving funds pursuant to this act, any construction manager, general contractor or other lead or prime contractor, or an entity functioning in any such capacity, and any other contractor or subcontractor of any tier or other person that is engaged to perform construction work (hereinafter, collectively and individually, the “contractor”), must certify that it has not been subject to a federal or state criminal or civil judgment, final administrative determination or debarment by any federal, state or local government agency or authority resulting from a violation of G.L. c. 149, G.L. c. 151 or 29 U.S.C. 201 et seq. (the “Fair Labor Standards Act of 1938”) within three years prior to the date of submission of the certification.  To the extent the contractor has been in business for fewer than three years prior to the date of submission, then the certification shall be for the entire period for which the contractor has been in existence.

(b) In the event the contractor has been subject to a federal or state criminal or civil judgment, final administrative determination or debarment by any federal, state or local government agency or authority resulting from a violation of G.L. c. 149, G.L. c. 151 or 29 U.S.C. 201 et seq. within three years prior to the date of submission of the certification, then the contractor shall disclose any such criminal or civil judgment, final administrative determination, or debarment to the executive office of housing and livable communities.  In the event the monetary penalty in connection to any such civil judgment or final administrative determination is $25,000 or greater, the contractor shall not be permitted to perform work on any project receiving funds pursuant to this act.  In the event the contractor has been debarred by any federal, state or local government agency or authority, the contractor shall not be permitted to work on any project receiving funds pursuant to this act.

(c) Upon completion of their work on the project, all contractors must certify that they have complied with all provisions of this Section, and further that they have complied with G.L. c. 149 and G.L. c. 151 with respect to the payment of wages.  Any construction manager, general contractor or other lead or prime contractor, or an entity functioning in any such capacity, must also certify that all trade contractors and subcontractors under the construction manager, general contractor or other lead or prime contractor have complied with all provisions of this Section as well as G.L. c. 149 and G.L. c. 151 with respect to the payment of wages.

Additional co-sponsor(s) added to Amendment #30 to H4707

Responsible development and taxpayer protection