HomeMy WebLinkAbout05229ORDINANCE NO. 5229
AN ORDINANCE REPEALING SECTIONS 2 AND 3 OF
CHAPTER 2, TITLE XII OF THE 1971 CODE OF
ORDINANCES RELATING TO MUNICIPAL CONTRACTS,
PREVAILING WAGES
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that:
(Brackets indicate material deleted, underscoring indicates
material added.)
SECTION 1
Sections 2 and 3 of Chapter 2, Title XII of the 1971 Code of
Ordinances of the City of Pueblo are hereby repealed in their
entirety.
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(a) Every worker, mechanic, or other laborer employed
by any contractor or sub - contractor in the work of construc-
tion, 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 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
not be less than the scale of wages from time to time
determined by the 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 performancd of every such contract, which
determinations shall be made periodically at least annually
or as frequently as may be considered necessary by the City
Council in order that the determination which is currently in
effect shall accurately represent the current prevailing rate
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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
shall be classified as journeymen unless such worker or
mechanic is individually registered as an apprentice with the
Colorado Apprenticeship Council.]
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(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
subcontractor shall fail to pay prevailing wages as
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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 Director 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 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 - contractor, 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,
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mechanics, and other laborers employed 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 that 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 there has
been a failure to pay said required wages, and in the
event of termination the City 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 2
This Ordinance shall become effective immediately upon final
passage except that the provisions of Section 2 and 3 of Chapter
2, Title XII of the 1971 Code of Ordinance shall continue to
remain in effect and be enforceable and applicable to any contract
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subject to the provisions of said Sections 2 and 3 of Chapter 2
entered into prior to the effective date of this Ordinance.
INTRODUCED: May 29 , 1985
By KENNETH HUNTER
Councilman
ATTEST: APPROVED:
L /Ot" �Wllv - Zr—t
C y Clerk ' i ent o ity Council