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HomeMy WebLinkAboutResolutions - 2009.09.02 - 9956MISCELLANEOUS RESOLUTION #09202 BY: Commissioner Tim Greimel, District #11 IN RE: BOARD OF COMMISSIONERS — COUNTY POLICY REQUIRING PAYMENT OF PREVAILING WAGE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Board of Commissioners believes that it is in the best interest of the people of Oakland County that any construction work performed for Oakland County should be done by contractors and subcontractors who agree to pay prevailing wages; and WHEREAS the Board of Commissioners wishes to have a uniform means of assuring that contractors or subcontractors seeking to work on certain Oakland County construction projects pay prevailing wages; and WHEREAS the Board of Commissioners wishes to monitor the prevailing wage requirements enacted oy this resolution and to provide for sanctions or penalties in the event of noncompliance. THEREFORE BE IT RESOLVED that for the purposes of this policy the following terms and phrases are defined as follows: A. "Apprentice' means any person who is registered with a bona fide apprentice program recognized by the U.S. Department of Labor. Bureau of Apprenticeship and Training. The use of apprentices shall be in accordance with all of the rules and guidelines of the applicable bona fide apprentice programs, including registration and working in ratio. Violations relating to apprentices shall be subject to the same penalties and remedies as provided in paragraph 5 and paragraph 6 of this policy. B. "Board'' or "Board of Commissioners" means the Oakland County Board of Commissioners. C. "Contract" means any agreement as a result of competitive bids or otherwise for new construction, alteration, repair. installation, painting, decorating, completion, demolition, conditioning, reconditioning, or improvement of buildings or works, which is to be performed for Oakland Coun1y. It does not include repair or service of equipment or machinery already installed. D. "Designated Agent" means any officer, employee, commission, department, agency, or organization authorized to enter into a construction contract by or on behalf of the Board of Commissioners, or to monitor such contracts under the direction of the County, or to provide legal counsel regarding such contracts. E. "Construction Mechanic" means any skilled or unskilled mechanic, laborer, worker, helper, assistant, apprentice, or driver, but shall not include any Oakland County employees, including but not limited to executive, administrative. TOPS, professional or office employees. BE IT FURTHER RESOLVED that it is the policy of the Board of Commissioners that any contractor or subcontractor construction projects for Oakland County where the value of the contractor's or subcontractor's contract exceeds $10,000 shall pay prevailing wages to its employees as set forth below: 1. Every Contract exceeding $10,000 entered into by the Oakland County Board of Commissioners, or other agencies covered by this resolution, shall require that the rates of wages, including fringe benefits, paid to each Construction Mechanic employed by the contractor or subcontractor at all tiers, who furnishes labor on the project which is the subject of the Contract, shall be not less than the prevailing wages, including fringe benefits, for such labor as delineated by the wage guidelines promulgated by the United States Secretary of Labor pursuant to the Federal Davis- Bacon Act. 2. Every Contract exceeding $10,000 shall include the most current wage and fringe benefit schedule as provided for by the United States Secretary of Labor pursuant to the Federal Davis-Bacon Act for each class of Construction Mechanic. 3. Every contractor and subcontractor, who works on a project pursuant to a Contract with Oakland County or another agency covered by this resolution that exceeds $10.000, shall keep posted on the construction site in a conspicuous place a copy of all prevailing wage and fringe benefit rates prescribed in the contract and shall keep accurate records showing the name and occupation of, and actual wages and benefits paid to, each Construction Mechanic employed by that contractor or subcontractor in connection with the contract. A contractor or subcontractor at any tier shall, upon request of the County or its designated agent, provide certified payrolls on U.S. Department of Labor form WH347 or facsimile for all hours worked. 4. In addition to providing certified payrolls on U.S. Department of Labor form WH347 or facsimile for all hours worked when requested, the contractor or subcontractor at any tier shall be required to collect and submit this information in a regular reporting format as determined by the Board of Commissioners. or its designated agents. Noncompliance with this section shall be deemed a breach of the applicable Contract with Oakland County or other agencies covered by this resolution. 5. Any contractor or subcontractor, upon being notified that it is in violation of any term of this policy and who fails to remedy the violation as set forth in this policy, is deemed to have committed a material breach of the applicable Contract. In such instances, the Board or its designated agent, if any, shall enforce this resolution and the related terms of the Contract by seeking any remedy authorized by the contract and/or by law, including rescissior of the Contract. Further sanctions and penalties shall be as set forth in paragraph 6 below. 6. Any contractor or subcontractor upon being notified that it is in violation of the prevailing wage requirements of th's resolution and that an amount is due, shall have thirty (30) days to correct the deficiency by paying the employee or employees the amounts due. If the person, firm, corporation, or business entity fails to pay what it owes within the thirty (30) day period, it shall be subject to the following penalties: a. The contractor and/or subcontractor shall be required to pay all wages and fringe benefits owed to the employee(s), plus interest at 2% per month on those wages and fringe benefits due the employee(s); b. The contractor and/or subcontractor shall be required to pay to Oakland County the costs of enforcement incurred by Oakland County, based on the hourly wage and fringe benefit costs associated with the Oakland County employee(s) involved in the enforcement of this resolution, plus any other costs incurred by Oakland County, including but not limited to costs of a contracting agent, attorney fees, and court costs; and c. The contractor and/or subcontractor shall be ineligible to bid on any contract involving Oakland County for a period of five (5) years if the violation is repeated after the contractor is formally notified. d. Oakland County may withhold such payments from the contractor as are necessary to effectuate the payments or penalties as provide° in this policy. 7. Any Construction Mechanic of a contractor under contract with the Board or its designated agent or a Construction Mechanic of a subcontractor at all tiers, or any bona fide organization representing Construction Mechanics may file a written complaint with the Board or its contracting agent, if any, challenging the compliance by a contractor or subcontractor with any of the terms noted above. The Board or its designated agent shall then conduct an investigation to determine whether it will proceed as indicated in paragraphs 5 and/or 6 above. 8. A contractor or subcontractor found to have retaliated in violation of federal or state law against an employee for filing a claim of non-payment of a prevailing wage rate shall be ineligible to bid on any contract involving the County for a period of five (5) years from the date of such finding. 9. Contracts which contain provisions requiring the payment of prevailing wages as determined by the United States Secretary of Labor pursuant to the Federal Davis- Bacon Act (United States Code 40 Section 3141, et seq.) or which contain provisions requiring the payment of prevailing wages as determined by the Michigan Department of Energy, Labor, and Economic Growth pursuant to 1965 Public Act 166, as amended, being MCLA 408.551, et seq., are exempt from the provisions of this resolution. BE IT FURTHER RESOLVED that notice of the requirements of this resolution shall be included in all formal Requests for Proposals or Bids where a construction Contract in excess of $10,000 is anticipated. (rnissioner rnissioner D4rict# ,6t ccL Commissioner District # 24- Commissioner District # i q Commissioner District # Commissioner District # BE IT FURTHER RESOLVED that the provisions of this resolution shall apply to construction Contracts in excess of $10,000 entered into, not only by Oakland County directly, but also by the Oakland County Building Authority, the Oakland County Economic Development Corporation, and any Oakland County agency for which the Board of Commissioners is required to authorize the project(s) or for which the Board of Commissioners has authorized financing of such projects. BE IT FURTHER RESOLVED that the Board of Commissioners encourages all other agencies of Oakland County to adopt this or a similar policy for any construction contracts in excess of $10.000. BE IT FURTHER RESOLVED that the Oakland County Fiscal Services Officer or designee, which may include a designated agent, shall be responsible for monitoring implementation of and compliance with the provisions of this policy where the construction contract is entered into with the Board of Commissioners. BE IT FURTHER RESOLVED that where another specific agency of Oakland County is designated as responsible for a construction project, that agency shall be responsible for monitoring implementation of and compliance with the provisions of this policy. BE IT FURTHER RESOLVED that no less than annually, Oakland County's Fiscal Services Officer or his/her designee, shall provide the appropriate committee of the Board of Commissioners with a report on the status of projects where the payment of prevailing wage is required and where the Oakland County Fiscal Services Officer is responsible for monitoring implementation of, and compliance with, the provisions of this prevailire resolution. Chairperson, we move the adoption of the foregoing re,sol. lion, Cdrrrmissioner District # Commissioner Di District #73 (2 Atit,1,5Lst- I-6 Commissioner_ District # j3— Di Mzi Jorsr,/ Commissioner District # lissione_sr t# issioner District # Commissioner Commissioner District # District # Resolution #09202 September 2, 2009 The Chairperson referred the resolution to the Finarce Committee. There were no objections.