[Adopted 3-1-1982]
[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:
A.
The contractor shall hire residents of the City of
Middletown to perform the necessary labor.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
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.
A.
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.
B.
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.
C.
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.
A.
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.
B.
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.
C.
The Purchasing Agent shall provide staff assistance
to the Committee.
