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of the 1971 Code of Ordinances are hereby repealed and reenacted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Ordinances is hereby repealed and reenacted with amendments to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is hereby repealed and reenacted with amendments to read as follows: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:
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