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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 SECTION 1 Sections 2 and 3 of Chapter 2, Title XII of the 1971 Code of Ordinances of the City of Pueblo are hereby repealed in their entirety. f 1 7 -7 -7. DA VMPMrP r)P DUF17A TT TMP- ie7AnP (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 -2- 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.] fl?-?-'A- ('OMTRArT 1:)T?0X7TCT(1TTC (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 -3- 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, -4- 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 96C 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