All contracts entered into by the City of Norwalk for the construction,
alteration or repair of any public building or public work and employing
mechanics, laborers and workers in the performance of work under the
contract shall incorporate the following provisions:
A. The contractor and all lower tiered subcontractors shall have hiring
practices that give employment preference to citizens of the Norwalk
labor market area as established by the State Labor Commissioner in
accordance with Chapter 557, Part III, and Section 7-112 of the Connecticut
General Statutes, as amended.
B. The contractor and all lower tiered subcontractors may hire mechanics,
laborers and workers who reside outside the Norwalk labor market area
if provisions of existing labor agreements prevent compliance with
the requirements of this section, or if the specifically required
skills are not available in the Norwalk labor market. In either event,
prior to commencement of performance, the contractor and all lower
tiered subcontractors shall submit their reasons for such action in
writing along with supporting documents to the City. Such documents
may consist of, but need not be limited to, labor agreements, lists
of names and addresses of mechanics, laborers and workers or labor
representatives contacted in the Norwalk labor market area and lists
of required positions for which personnel were not available in the
Norwalk labor market area. The contractor and all lower tiered subcontractors
shall submit such relevant documents and other information as may
be requested by the City to determine compliance with this section.
In order to monitor compliance with this section, the City may request
relevant information 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
within seven days.
C. Prior to the commencement of performance of contracts governed by
this section, the contractor shall forward a written statement indicating
the name, address and occupational title of each mechanic, laborer
and worker scheduled to perform work for the contractor under the
contract. The contractor shall insure that all lower tiered subcontractors
provide similar information to the City with respect to their mechanics,
laborers and workers. The contractor and all subcontractors shall
file written amendments to previously filed statements whenever new
mechanics, laborers or workers perform work under the contract. All
such amended statements shall be filed 48 hours before any new mechanic,
laborer or worker commences work under the contract.
D. Every two weeks during the term of the contract the contractor and
all lower tiered subcontractors performing work under the contract
shall forward payroll records to the City covering the preceding two-week
contract period.
E. The contractor and all lower tiered subcontractors performing work
under the contract must comply with the obligations established under
state and federal laws to pay prevailing wages to their employees.
Pursuant to the provisions of Section 31-53(g) of the Connecticut
General Statutes, as amended, the prevailing wage requirements do
not apply to rehabilitation, remodeling, refinishing, refurbishing,
alteration or repair of any project where the total cost of all work
performed by contractors and subcontractors is less than $100,000
or, with respect to new construction, where the total cost of all
work performed is less than $400,000.
All contracts entered into by the City of Norwalk for the construction,
alteration or repair of any public building or public work shall contain
the following provisions providing for equal opportunity in employment.
A. The contractor and all lower tiered subcontractors agree and warrant
that in the performance of 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, gender, sexual orientation,
or on the basis of physical or mental disability, including, but not
limited to, blindness, unless it is shown by such contractor or subcontractor
that such disability prevents performance of the work under the contract.
The contractor and all lower tiered subcontractors also agree that
for purposes of monitoring compliance with the provisions of this
section they shall provide the City with such information as may be
requested concerning their employment practices and procedures. For
purposes hereof, discrimination in employment shall include, but need
not be limited to, employment advertising, recruitment, layoff, termination,
rates of pay or other forms of compensation, conditions or privileges
of employment and selection for apprenticeship.
B. The contractor and all lower tiered subcontractors shall post notices
in conspicuous places on the project site describing the provisions
of this subsection.
C. 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.
All contracts entered into by the City of Norwalk 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.
The contractor or any lower tiered subcontractor may be relieved from
compliance with the provisions of this section if provisions of existing
labor agreements prevent compliance with the requirements hereof.
In that event, prior to commencement of performance, the contractor
or subcontractor shall submit its reasons for such action in writing
along with supporting documents to the City. The contractor and all
lower tiered subcontractors shall submit such relevant documents and
other information as may be requested by the City to determine compliance
with this section. In order to monitor compliance with this section,
the City may request relevant information and documentation from the
contractor or from subcontractors at anytime during the term of the
contract. The contractor shall comply with or arrange for compliance
with all such requests within seven days.
All contracts entered into by the City of Norwalk for the construction,
alteration or repair of any public building or public work shall contain
the following provisions concerning treatment of employees.
A. The contractor and all lower tiered subcontractors performing work
under the contract shall properly classify mechanics, laborers and
workers as employees rather than as independent contractors and treat
them as employees for purposes of workers' compensation, insurance
coverage, unemployment taxes, social security and income tax withholding.
B. The contractor and all lower tiered subcontractors must furnish,
at their expense, health insurance for all of their employees assigned
to perform work under the contract.
C. For purposes of this subsection, any person who meets nine or more
of the following criteria shall be considered an employee:
(1) The person is required to comply with company instructions about
when, where, and how work is done;
(2) The person has been trained by the company;
(3) The person is integrated into the company's general business
operations;
(4) The person must render services personally;
(5) The person uses assistants provided by the company;
(6) The person has a continuing relationship with the company;
(7) The person is required to work a set number of hours;
(8) The person must devote substantially full-time work to the company;
(9) The person works at the company's premises or job site;
(10) The person must perform work in a preset sequence;
(11) The person must submit regular progress reports;
(12) The person is paid by the hour, week, or month; payroll deductions
include federal and/or state income taxes, FICA insurance;
(13) The person is reimbursed for all business and travel expenses;
(14) The person uses company tools and materials;
(15) The person has no significant investment in the facilities that are
used;
(16) The person has no risk of loss;
(17) The person works for only one company;
(18) The person does not offer services to the public;
(19) The person can be discharged by the company;
(20) The person can terminate the relationship without incurring liability.
D. The contractor and all lower tiered subcontractors performing work
under the contract and utilizing the services of mechanics, laborers
or workers who are not classified as employees under this subsection
shall provide written notice to said mechanics, laborers and workers
of their status as independent contractors. Said notice shall include
a provision advising the mechanics, laborers and workers that they
are not eligible for workers' compensation, health insurance,
or unemployment compensation from the contractor or subcontractor.
The contractor shall incorporate the requirements of, this article
in each subcontract and require that each subcontractor incorporate
the requirements of this section in all subsequent subcontracts such
that all lower tiered subcontractors performing work under the contract
shall be bound by the terms hereof.
If the City determines that the contractor or any lower tiered
subcontractor has failed to comply with any provision of this article,
in addition to any other remedy available to it, the City may require
the contractor to take corrective action or the City may, at its sole
option, terminate the contract.