City of West Haven, CT Chapter 12 Contracts

[HISTORY: Adopted by the City Council of the City of West Haven as indicated in article histories. Amendments noted where applicable.]

Article I Construction and Rehabilitation Work

[Adopted 9-28-1987 by Ord. No. 251]

§ 12-1 Wages and fringe benefits to be prevailing rate.

Every construction contract in excess of $200,000 for new construction and $50,000 for rehabilitation work to which the City of West Haven is a party shall include a provision that the rate of wages and fringe benefits or the cash equivalent for all laborers, mechanics and apprentices employed by any contractor or subcontractor on the work covered by the contract shall be not less than the prevailing rate of wages and fringe benefits payments or cash equivalence for similar skills or classifications of work as established by the State of Connecticut through its Labor Department to be the prevailing rate for the City of West Haven.

§ 12-2 Required contract provisions.

[Added 9-25-2000]

All contracts entered into by the City of West Haven for the construction, alteration or repair of any public building work and employing mechanics, laborers and workmen in the performance of work under the contract shall incorporate the following provisions:

A. Concerning the employment of mechanics, laborers and workmen, the contractor and all lower-tiered subcontractors shall give employment preference to citizens of West Haven.

(1) The contractor and all lower-tiered subcontractors shall submit such relevant documents and other information as may be requested by the City of West Haven to determine compliance with this article. In order to monitor compliance with the section, the City of West Haven may request such relevant documents and documentation from the contractor or from subcontractors at any time during the term of the contract. The contractor shall comply with or arrange for compliance with all such requests promptly.

(2) Prior to the commencement of performance of contracts governed by this section, the contractor and all lower-tiered subcontractors shall forward a written statement indicating the name, address and occupational title of each mechanic, laborer and workman scheduled to perform work for the contractor under the contract. All such amended statements shall be filed before any new mechanic, laborer and workman commences work under the contract.

B. All contracts entered into by the City of West Haven for the construction, alteration or repair of any public building work shall contain the following provision providing for equal opportunity in employment:

(1) The contractor and all lower-tiered subcontractors agree and warrant that in the performance of all work under this contract they shall not discriminate or permit discrimination in employment against any person or group of persons on the grounds of race, color, religious creed, age, marital status, national origin, sex or on the basis of physical or mental disability, including but not limited to blindness, unless it is shown by the contractor or subcontractor that such disability prevents performance under the contract. The contractor and all sub-tier contractors also agree that for purposes of monitoring compliance with the provisions of this section they shall provide the City of West Haven with such information as may be requested concerning their employment practices and procedures. For purposes hereof, discrimination in employment shall include but not be limited to employment advertising, recruitment, layoff, termination, rates of pay or other forms of compensation, conditions or privileges of employment.

(2) The contractor and all lower-tiered subcontractors shall post notices in conspicuous places on the project site describing the provisions of this subsection.

(3) Nothing contained herein is intended or shall be construed to relieve any contractor or subcontractor from compliance with applicable federal or state law concerning equal employment opportunity, affirmative action or nondiscrimination.

C. All contracts entered into by the City of West Haven contemplating work, utilizing trades or occupations for which state-certified apprenticeship programs exist shall incorporate provisions requiring the contractor and all lower-tiered subcontractors to be affiliated with such programs.

(1) The contractor or any lower-tiered subcontractor may be relieved from compliance with this subsection if provisions of existing labor agreements prevent compliance with the requirements hereof. In that event, prior to the commencement of performance, the contractor or subcontractor shall submit their reasons for such action in writing, along with supporting documents, to the City of West Haven.

(2) In order to monitor compliance with the section, the City of West Haven may request such relevant documents and documentation from the contractor or from a subcontractor at any time during the term of the contract. The contractor shall comply with any or arrange for compliance with all such requests promptly.

(3) An apprentice is defined as a person employed under a written agreement enrolled in a registered program by the State of Connecticut to work at and to learn a specific trade as defined in Connecticut State General Statutes Section 31-51(a).

D. If, after review, the city determines that the contractor or any lower-tiered subcontractor has failed to comply with this section, in addition to any other remedy available to it, the City of West Haven may require corrective action to be taken by the contractor or it may terminate the contract.