[Amended 2-3-2003; 9-4-2007 by Ord. No. 23-07]
All contracts entered into between the City of Middletown and contractors which utilize tradesworkers or laborers by the contractor in the performance of the contract shall incorporate the following provisions:
The contractor shall hire residents of the City of Middletown to perform the necessary labor.
In the event the contractor is restricted by labor contracts, or the required specific skills are not available in the City of Middletown, the contractor may hire tradesworkers and laborers who reside outside the City, provided that prior to commencement of performance the contractor submits its reasons for such action in writing, along with supporting documents, to the City. Such documents may consist of, but are not limited to, labor contracts; lists of names and addresses of tradesworkers, laborers or labor representatives contacted in the City of Middletown; and lists of required skilled labor positions for which personnel were not available in the City of Middletown. The contractor shall submit such relevant documents and other relevant information as may be requested by the City to determine compliance with this article. If the Common Council, after review and report by City staff and the Contract Compliance Committee, determines that the contractor has failed to comply with this article, it may require corrective action to be taken by the contractor to effect compliance or may terminate the contract. If the corrective action required is not done by the contractor, the Council may terminate the contract. If the Council terminates the contract, such termination shall be without any liability of the City of Middletown to the contractor, its subcontractors or any other party.
Prior to commencement of performance, and at any time after commencement of performance of the contract by the contractor, the Purchasing Agent may require submission of relevant documents and other relevant information related to the employment of tradeworkers and laborers in performance of any specific contract with the City. The contractor shall respond promptly to all inquiries and requests for information and documents made by the City.
Prior to commencement of performance of the contract, the contractor shall forward to the department overseeing the contract a written statement which indicates the name of each worker scheduled to perform work for the contractor on the contract, the worker's city of residence and occupational title. The same shall be provided for all subcontractors working on the contract. The department shall forward copies of such statements to the Purchasing Agent, upon receipt. The contractor shall provide written amendments to these statements in order to provide advance notice to the City of the scheduled employment of other workers the contractor chooses to perform work on the contract. These amendments shall be on file with the City before such other workers report to work. The department overseeing the project and the office of the Purchasing Agent shall keep separate files of each construction project.
The contractor shall forward to the department overseeing the contract biweekly payroll records which cover the preceding biweekly contract period, which shall be on forms approved in advance by the City. Copies of these reports shall be forwarded by the City department overseeing the project to the Purchasing Agent, upon receipt.
A copy of this article shall be included and be part of the bid and contract documents. Reference to the page number of this article shall be made in the index or table of contents of the bid and contract documents.
All tradesworkers and laborers hired to perform work under contracts that meet the total cost of construction amounts set out in Connecticut General Statutes § 31-53, as amended, shall be paid at the prevailing rates for the same work in the same trade in the City and shall receive the fringe benefits normally offered at that time for the particular trade. "Prevailing rates" as used herein shall mean the latest rates published by the Connecticut Labor Department unless otherwise required to qualify for a federal grant pertaining to the contract.
As used in this article, the following terms shall have the meanings indicated:
- Includes the general or prime contractor and all subcontractors performing work under the contractor. The prime or general contractor shall be responsible for the compliance of the subcontractors.
- TRADESMEN and LABORERS
- The employees employed by the contractor in positions for which prevailing rates are published by the Connecticut Labor Department. Local tradesmen and laborers shall not include workers temporarily residing in the City during the term of a contract.
The department overseeing the contract shall conduct biweekly on-site inspections in order to verify the accuracy of written reports and statements and to assure that the intent of this article is met.
The director of the City department overseeing the project shall notify the Purchasing Agent in writing as to the correctness of written records furnished by the contractors.
The Purchasing Agent shall inform the Contract Compliance Committee whether or not each contractor has forwarded the required written records to the City, hired local laborers and tradesmen to perform the necessary work, and paid the prevailing wages and provided the prevailing fringe benefits to employees.
There shall be a committee known as the "Contract Compliance Committee." The Committee shall consist of three electors of the City who shall be appointed by the Mayor with the consent of the Common Council. Two of the Committee members shall be Common Council members not of the same political party who shall serve during their term of office, one of whom shall be designated Chairman by the Mayor. The third Committee member shall be a member of an organized trade labor group who shall serve a two-year term commencing on the date of appointment.
If the Committee determines that a contractor is not in compliance, it shall make a report of its findings to the Mayor and Common Council with its recommendations as to whether corrective action should be required of the contractor or whether the contractor should be terminated.
The Purchasing Agent shall provide staff assistance to the Committee.