HomeMy WebLinkAboutOrd 519-2010 Prevailing Wage Regulations.pdfCITY OF ANNA, TEXAS
ORDINANCE NO. 519-2010
AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING THE ANNA CITY
CODE OF ORDINANCES PART II, ARTICLE 49, PUBLIC WORKS ADDING A NEW
SECTION 9. RESERVED; ADDING A NEW SECTION 10. PREVAILING WAGE
REGULATIONS FOR PUBLIC WORKS CONTRACTS; PROVIDING FOR A PENALTY
FOR ANY VIOLATION OF THIS ORDINANCE NOT TO EXCEED $2,000; PROVIDING
FOR SAVINGS, SEVERABILITY, AND REPEALING CLAUSES; PROVIDING FOR AN
EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION
HEREOF.
WHEREAS, the City Council of the City of Anna, Texas recognizes that the State of
Texas has enacted Texas Government Code, Chapter 2258, a statute regulating the
determination and payment of prevailing wages to workers that are employed for the
construction of public works; and,
WHEREAS, said statute requires the public bodies of municipalities to determine
prevailing wages and require contractors and subcontractors that bid for public works
construction contracts to pay workers at least the prevailing wage in the locality; and,
WHEREAS, the City Council has investigated and determined that the prevailing wages
for the City of Anna with respect to construction types Heavy, Highway, Building, and
Residential, as applicable, shall be the same as the sum certain prevailing wages for
Collin County as are from time to time determined by the United States Department of
Labor in accordance with the Davis-Bacon Act (40 U.S.C. Section 276a et seq.), and its
subsequent amendments;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS:
Section 1. Recitals Incorporated.
The above-referenced recitals are incorporated herein as if set forth in full for all
purposes.
Section 2. Amendments.
In accordance with Part II, Article 1, Section 9 of the Anna Code, the following
amendments are made to Part II, Article 49, Public Works adding new Sections 9 and
10:
Section 9. RESERVED.
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Section 10. PREVAILING WAGE REGULATIONS FOR
PUBLIC WORKS CONTRACTS
10.01 Applicability
(a) This Section 10 applies only to the construction of a public work. regardless of
cost. value or scope. For purposes of this Section 10, "public work" includes a
building. highway. road. excavation. or repair work or other project development
or improvement. paid for in whole or in part from public funds. without regard to
whether the work is done under public supervision or direction.
(b) This Section 10 does not apply to work done directly by a public utility
company under an order of a public authority or to work that is reasonably
considered to be ordinary maintenance.
(c) Section 10.06 shall only apply when the City has a population of more than
10.000.
10.02 Determination of Prevailing Wages
The prevailing wages for the City of Anna with respect to construction types
Heavv, Highway. Building. and Residential, as applicable. are hereby determined
to be the same as the sums certain of prevailing wages for Collin County as
determined by the United States Department of Labor in accordance with the
Davis-Bacon Act (40 U.S.C. Section 276a et seq.). and its subsequent
amendments. as of the due date and time for submission to the City of the bid(s).
proposal(s), offer(s). or other any other type of submittal(s) for the award of a
public works contract. Such applicable sums certain are incorporated herein as if
set forth in full for all purposes.
10.03 Subsequent Changes to Prevailing Wages
Once a public works contract is awarded by the City, the City's prevailing wage
determination referenced in Section 10.02 of this article shall be effective for the
duration of a public works contract regardless of changes to the prevailing wage
subsequently made by United States Department of Labor. If the City rejects all
submittals for the award of a public works contract and later readvertises the
same or similar contract. a new determination of the prevailing wages shall be
deemed made in accordance with Section 10.02 of this article.
10.04 Prevailing Wage Reference in Contract Documents
A COPY of the determination made by the City Council under Section 10.02 of this
article or of the current revised determination of orevailina rate of waaes then in
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effect shall be attached to all contract bidding instructions and contract
specifications. or shall be incorporated into such documents by specific reference
thereto.
10.05 Records of Contractor and Subcontractor
(a) Any contractor and subcontractor for any project to which this Section 10
applies shall keep a record showing:
(1) the name and occupation of each worker employed by the contractor or
subcontractor in the construction of the public work; and
(2) the actual per diem wages paid to each worker.
(b) The record shall be open at all reasonable hours to inspection by the City's
officers and agents.
10.06 Civil Penalty for Failure to Pay Prevailing Wages
(a) The contractor who is awarded a contract by the City or a subcontractor of
such contractor shall pay not less than the prevailing wages determined under
Section 10.02 of this Section 10 to a worker employed by it in the performance of
the contract.
(b) A contractor or subcontractor who violates subsection (a) shall pay to the City
$60 for each worker employed for each calendar day or part of the day that the
worker is paid less than the prevailing wage rates stipulated in the contract. This
civil penalty shall be cumulative of any other applicable penalties or remedies,
whether civil or criminal in nature.
(c) Subject to Section 10.09(b), the City shall use any money collected under this
Section 10 to offset the costs incurred in the administration of these regulations.
10.07 Withholding Payment Upon Submission of Complaint
Upon receipt of a written complaint from a worker that a contractor or
subcontractor has failed to pay the worker in at least the amount of the prevailing
wages determined by the City-which such complaint must describe all facts
made the basis of the complaint and be signed by and sworn to before a notary
public-the City shall withhold money forfeited or required to be withheld under
this Section 10 from the payments to the contractor under the contract, except
that the City shall not withhold money from other than the final payment without a
determination by the City Council that there is good cause to believe that the
contractor has violated this Section 10.
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(a) On receipt of a complaint made by a worker that meets the requirements of
Section 10.07, the City Council shall make an initial determination as to whether
good cause exists to believe that the violation occurred.
(b) The City Council must make its determination under subsection (a) before the
31 st day after the date the City receives the complaint.
(c) The City shall notify in writing the contractor or subcontractor and any affected
worker of its initial determination.
Cd) The City shall retain any amount due under the contract pending a final
determination of the violation.
10.09 Final Determination of Violation and Payment to Worker
(a) If the City Council determines that good cause exists to believe that a violation
occurred, the final determination regarding the violation shall be adjudicated by
an arbitrator in accordance with the provisions of Texas Government Code
Section 2258.053-055, as amended.
(b) If the arbitrator finds that a violation has occurred, the City shall use any
amounts retained under this Section 10 to pay the worker the difference between
the amount the worker received in wages for labor on the public work at the rate
paid by the contractor or subcontractor and the amount the worker would have
received at the general prevailing wage rate as provided in the arbitrator's award.
Cc) The City may, in its discretion, determine whether to pay the worker the
retained amounts in a lump sum payment or in a series of regular installment
payments, provided that the City pays to the worker all amounts that it is required
to pay toward the satisfaction of the arbitrator's award within six months of
receiving actual notice and a certified copy of the arbitrator's award. If the City
has retained amounts in excess of the arbitrator's award, the City shall refund
those amounts to the contractor or subcontractor in question after deducting an
amount equal to its reasonable costs and fees incurred as a result of the violation.
(d) If the amounts retained by the City under this Section 10 are not sufficient for
the City to pay the worker the full amount owed, the worker has a right of action
against the contractor or subcontractor and the surety of the contractor or
subcontractor to recover the amount owed, reasonable attorney fees, and court
costs. Oro. NO.519-2010 ado ted 10/2612010
Section 3. Penalty.
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Any violation of any of the terms of this ordinance, whether denominated in this
ordinance as unlawful or not, shall be deemed a misdemeanor. Any person convicted of
any such violation shall be fined in an amount not to exceed $2,000 for each incidence
of violation. Each violation is considered a separate offense and will be punished
separately.
Section 4. Savings, Severability and Repealing Clauses.
All ordinances of the City in conflict with the provisions of this ordinance are repealed to
the extent of that conflict. If any provision of this ordinance shall be held to be invalid or
unconstitutional, the remainder of such ordinance shall continue in full force and effect
the same as if such invalid or unconstitutional provision had never been a part hereof.
The City declares that it would have passed this ordinance, and each section,
subsection, sentence, clause, or phrase thereof irrespective of the fact that anyone or
more section, subsection, sentence, clause, and phrase be declared unconstitutional or
invalid.
Section 5. Publication of the Caption Hereof and Effective Date.
This ordinance shall be in full force and effective from and after its passage and upon
the posting and/or publication, if required by law, of its caption and the City Secretary is
hereby directed to implement such posting and/or publication.
PASSED by the City Council of the City of Anna, Texas, this 26th day of October 2010.
ATrESTED:
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