Loading...
HomeMy WebLinkAboutOrd. 357 - Prevailing Wage Regulations CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 357 AN ORDINANCE AMENDING CITY CODE TITLE 1, PREVAILING WAGE REGULATIONS. CHAPTER 9 PREVAILING WAGE REGULATIONS SECTION: 1-9-1 Definitions 1-9-2 Wage Rates and Hours for City Projects 1-9-3 Applicability 1-9-4 Violations and Penalties 1-9-5 Effective Date 1-9-1 Definitions~ For purposes of this Chapter, the following words and phrases shall have the meaning ascribed to them in this section: 1. Basic Hourly Rate. The hourly wage paid to any employee. 2. Prevailing Wage Rate. Shall have the meaning contained in Minn. Stat. S 177.42, Subd. 6, as determined for the area including the City of Andover by the Minnesota Department of Labor and Industry. The Minnesota Department of Labor and Industry shall determine the prevailing wage rate in accordance with S 177.41 et seq. and applicable rules, including but not limited to Minnesota Rules 5200.1000 et seq. 3. Apprentice. A person employed and registered in a bona fide apprenticeship program registered with the U.S. Department of Labor or with a state apprenticeship agency. "Apprentice" shall also include a person in the first ninety (90) days of probationary employment as an apprentice who is not registered in the program but who has been certified by the U.S. Bureau of Apprenticeship and Training or a state apprenticeship agency or council to be eligible for probationary employment as an apprentice. 4. Project. Erection, construction, reconstruction, remodeling or demolition of City streets, utilities, storm drains, buildings or parks where the City is a party to the construction contact. Project shall not include contracts for the purchase, rental or repair of motor vehicles or other equipment or personal property, or maintenance contacts or any work performed pursuant thereto including contracts for the maintenance of equipment or personal property or for the routine maintenance or repair of City streets, utilities, storm drains, buildings or parks. Activities involving the insertion of public funds, such as tax increment financing, shall not be considered a project under this Chapter unless the City is a direct party to the construction contract. 5. Laborer, Mechanic. All persons utilized, employed or working on a project who are doing work usually done by mechanics and laborers, including proprietors, partners, and members of cooperatives. 1-9-2 Wage Rates and Hours for City Projects. 1. Any contract which provides for a project of estimated total cost of over $150,000.00 shall contain a stipulation that no laborer, mechanic or apprentice employed directly upon the project work site by the contractor or any subcontractor shall be permitted or required to work at a rate of pay less than the prevailing wage rate. 2. All contractors for City projects shall have applicable schedules of prevailing wage rates set forth in the contract. Schedules of applicable prevailing wage rate shall be present on all project job lists and shall either be posted on the site or be on the person of any supervisor in charge of the job site. 3. Upon request of the City, any contractor or subcontractor working on a project shall furnish the City with a copy of all payrolls relating to the project. Such payroll reports shall be submitted on U.S. Department of Labor Standard Forms or their equivalent to the employee of the City in charge of supervising contract performance. Payroll so submitted shall include the classification of each employee and shall set out accurately and completely all the information required to be maintained under 29 C.F.R. part 5, section 5.5(a)(3)(I). 4. No contractor or subcontractor working on a project shall evade or attempt to evade the provision of this section through the use of non-recognized training programs. The only employees involved in training programs that shall be allowed to work on projects covered by this Chapter shall be apprentices as defined by this Chapter. 1-9-3 Applicability: This Chapter shall not apply to contracts from projects where the total estimated cost of the project is less than $150,000.00; nor to employees who do no more than deliver materials to the work site, except that this Chapter shall apply to employees who deliver asphalt, concrete or mineral aggregate such as sand, gravel or stone where such material is incorporated into the project by depositing the material substantially in place, either directly or through spreaders, from the transporting vehicle. 1-9-4 Violations and Penalties: 1. The contractor shall be the responsible party to ensure the payment of prevailing wages by the contractor or by any subcontractor employed and/or performing work as a part of a municipal improvement. 2. The contractor or any subcontractor who violates the prevailing wage provisions of the contract shall be liable directly to the underpaid laborer or mechanic for the unpaid wages and the contractor or subcontractor, by agreement to perform work on the project, agrees that laborers or mechanics have such cause of action against the contractor or subcontractor. 3. Failure to pay prevailing wages may result in contract payment delay, cancellation of the contract, and/or payment of a fee of up to five percent (5%) of the entire contract price to the City as liquidated damages. 4. On receipt of a written complaint alleging a violation of this Chapter filed with the City Clerk or on its own initiative, the City may refer the complaint to the Minnesota Department of Labor and Industry to determine whether there has been a violation of this Chapter. In the event that the Minnesota Department of Labor and Industry declines to conduct such an investigation, the City may elect, in its own discretion, to either investigate the matter or refer it to an independent investigator. The City and the Minnesota Department of Labor and Industry shall have the right to interview during working hours any employees whether employees of the contractor or any subcontractor. 5. Any person violating the provision of this Chapter shall be guilty of a misdemeanor with each day of violation constituting a separate offense. In addition, if the prevailing wage rate is not paid to employees working on a project, the City of Andover may withhold contract payments to the contractor until such deficiencies are corrected. 1-9-5 Effective Date: This ordinance shall take effect and be in force from and after its passage and publication. Adopted by the City Council of the City of Andover on this ~ day of November. 2007. CITY OF ANDOVER ATTEST: ~:fR cd~ [" Michael R. Gamache - Mayor ~~ (Jr/b Victoria Volk - City Clerk