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HomeMy WebLinkAbout04476ORDINANCE NO. 4476 AN ORDINANCE REPEALING AND REENACTING WITH AMENDMENTS CHAPTER 2 OF TITLE XII OF THE 1971 CODE OF ORDINANCES OF THE CITY OF PUEBLO, COLORADO RELATING TO THE PAYMENT OF PREVAILING WAGES BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: (Brackets indicate material to be deleted; underscoring indicates new material to be added.) SECTION 1. The title and table of contents of Chapter 2 of Title XII of the 1971 Code of Ordinances are hereby repealed and reenacted with amendments to read as follows: CHAPTER 2 /WAGES OF CONTRACTOR'S EMPLOYERS/ MUNICIPAL CONTRACTS, PURCHASES, AND PREVAILING WAGES SECTION SUBJECT "12 -2 -1 Contractors Bonds 12 -2 -2 Payment of Prevailing Wage 12 -2 -3 Contract Provisions SECTION 2. Section 1 of Chapter 2, Title XII of the 1971 Code of Ordinances is hereby repealed and reenacted with amendments to read as follows: "12 -2 -1: CONTRACTORS BONDS Any person, company, firm, or corporation entering into a contract with the City of Pueblo for the construction of any public building or the prosecution or completion of any public work, or for repairs upon any public building or public work, shall be required before commencing work, to execute, in addition to all bonds that may now or hereafter be required of them, a payment bond, with good and sufficient surety or sureties, to be approved by the Director of Finance, conditioned that such contractor shall promptly make payments of all amounts lawfully due to all persons supplying or furnishing the contractor, or the contractor's sub - contractor, with labor and materials, or with labor and materials used or performed in the prosecution of the work provided for in such contract." SECTION 3. Section 2 of Chapter 2, Title XII of the 1971 Code of Ordinances is hereby repealed and reenacted with amendments to read as follows: "12 -2 -2: PAYMENT OF PREVAILING WAGE (a) Every worker, mechanic, or other laborer employed by any contractor or sub - contractor in the work of construction, alteration, improvement, repair, maintenance, or demolition of any public building or public work or the prosecution of any such public work by or in behalf of the City of Pueblo, or for any agency or department of the City of Pueblo, or employed by any contractor or sub - contractor in the work of construction, alteration, improvement, repair, maintenance, or demolition of any building structure, or work, whether public or private, financed in whole or in part by the City of Pueblo or any agency or department of the City of Pueblo, shall be paid not less than the wages prevailing for the same class and kind of work in the City of Pueblo as determined by the City Council under Section 12- 2 -2(c) hereof. (b) The specifications for every contract in excess of $3,000.00 to which the City of Pueblo or any of its agencies or departments is a party, or which is financed in whole or in part by the City of Pueblo, or any agency -2- or department of the City of Pueblo, which requires the performance of work involving construction, alteration, improvement, repair, maintenance, or demolition of any building or structure or public work, or the prosecution of any such public work, shall contain a provision stating that the minimum wages to be paid for every class of labor, mechanics, and work shall be not less than the scale of wages from time to time determined by City Council to be the prevailing wages under Section 12- 2 -2(c) hereof. No subsequent increase or increases in such minimum wages over the amounts thereof as stated in such specifications shall result in any increased liability on the part of the City of Pueblo and the possibility and risk of any such subsequent increase or increases shall be assumed by all contractors under such contracts. (c) It shall be the duty of the City Council to determine by resolution the prevailing wages for the various classes of laborers, mechanics, and workers which will be required in the performance of every such contract, which determinations shall be made periodically at least annually or as frequently as may be considered necessary by the Citv Council in order that the determination which is currently in effect shall accurately represent the current prevailing rate of wages. "Prevailing Wages" shall mean, for each class of work in the construction, alteration, improvement, repair, maintenance, or demolition of any building, structure or public work, the rate of pay currently and most commonly paid and the overtime and other benefits currently and most commonly granted to such workers, mechanics and laborers in the building trades and construction industry within the City of Pueblo. Workers and mechanics not classified as laborers -3- shall be classified as journeymen unless such worker or mechanic is individually registered as an apprentice with the Colorado Apprenticeship Council." SECTION 4. Sections 3 and 4 of Chapter 2, Title XII of the 1971 Code of Ordinances are hereby repealed and reenacted with amendments to read as follows: "12 -2 -3: CONTRACT PROVISIONS (a) Every such contract shall contain a provision requiring the contractor and every sub - contractor under such contract to pay every worker, mechanic and laborer employed under such contract not less than the scale of wages as determined by the City Council under Section 12- 2 -2(c) hereof to be the prevailing wages and requiring the contractor and his sub - contractors to pay all workers, mechanics, and other laborers at least once a week the full amounts of wages accrued at the time of payment, computed at wage rates not less than the prevailing wages. (b) The contractor shall meet and comply with the following provisions which shall be contained in all such contracts. (1) In the event the contractor or any sub - contractor shall fail to pay prevailing wages as required by the contract, the Director of Finance of the City of Pueblo shall not approve any warrant or demand for payment to the contractor until the contractor furnishes the Direc of Finance evidence satisfactory to him that such wages so required by the contract have been paid. (2) The contractor shall furnish to the Director of Finance each week during which work is in progress under the contract a true and correct MIC copy of payroll records of all workers, laborers, and mechanics employed under the contract, either by the contractor or sub - contractors. The payroll records shall include information showing the number of hours worked by each worker, laborer or mechanic employed under the contract, the hourly pay of each such worker, laborer, or mechanic, any deductions made from pay, and the net amount of pay received by each worker, laborer, or mechanic for the period covered by the payroll. (3) The copy of the payroll record shall be accompanied by a sworn statement of the contractor that the copy is a true and correct copy of the payroll records of all mechanics, laborers, or other workers working under the contract either for the contractor or sub - contractors, that payments were made to the workers, laborers and mechanics as set forth in said payroll records, that no deductions were made other than those set forth in said records, and that all workers, mechanics, and other laborers emploved on work under the contract, either by the contractor or by any sub - contractor, have been paid the prevailing wages as set forth in the contract specifications. (4) In the event that any laborer, workers, or mechanic employed by the contractor or any sub- contractor under the contract has been or is being paid a rate of wages less than the prevailing rate of wages required by the contract to be paid, the City of Pueblo may, by written notice to the contractor, suspend or terminate the contractor's right to proceed with the work, or such part of the work as to which MI: there has been a failure to pay said required wages, and in the event of termination the Citv of Pueblo may prosecute the work to completion by contract or otherwise, and the contractor and his sureties shall be liable to the City of Pueblo for any excess costs occasioned thereby to the City of Pueblo. (5) The contractor will include the provisions of paragraphs (1) through (4) in every subcontract entered into by the contractor under the contract. SECTION 5. The provisions of this Ordinance shall not affect or prevent the prosecution or punishment of any person or the enforcement of any contract for any act done or committed in violation of any ordinance hereby amended or repealed prior to the effective date of this Ordinance. If any section, subsection, clause or phrase of this Ordinance is, for any reason held to be invalid, such decision shall not affect the validity of the remaining provisions of this Ordinance. SECTION 6. This Ordinance shall become effective immediately upon final passage and approval. INTRODUCED April 24 , 1978 By DOROTHY BUTCHER Councilman APPROVED: President of the Council ATTEST: ,7 ty Cle