Agenda - Council Work Session - 07/28/2026

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This section does not apply to apprentices working on projects pursuant to a bona fide registered apprenticeship program for work performed in his or her trade. A trainee and a helper are not exempt under this provision; the contractor must assign the trainee or helper a job classification that is the "same or most similar" to the work being performed and compensate the trainee or helper for the actual work performed regardless of the trainee's or helper's skill. For housing developments, this section incorporates and follows the same exemptions found in federal Davis Bacon statutes and their regulatory implementation. (d) Prevailing wage required. All contractors and subcontractors must pay workers, at a minimum, the prevailing wage rate. (e) Prevailing hours of labor. Workers employed directly on a project by a contractor or subcontractor, agent, or other person doing or contracting to do all or part of the work of the project, may not work more hours than the prevailing hours of labor, unless paid for all hours in excess of the prevailing hours at a rate of at least one and one-half (1A) times the prevailing hourly basic rate of pay. Notice. All contractors and subcontractors must post on the project the applicable prevailing wage rates in at least one (1) conspicuous place for the duration of the project. The posted information must include a breakdown of the hourly basic rates of pay as well as contributions for health and welfare benefits, vacation benefits, pension benefits, and any other economic benefit. (f) (g) Compliance monitoring and enforcement. (1) The designated city compliance officer will monitor compliance and investigate complaints of violations of this section. (2) All contractors must furnish copies of certified payroll records for all work on the project for which payment of prevailing wages is required under this section. Certified payrolls shall be submitted weekly to the city's designated compliance officer. Such certified payroll records must contain all of the information listed in section (b) of this section. (3) The city's designated compliance officer may request additional records reasonably required to monitor compliance with this section. (h) Self-employed independent contractors, owners, supervisors and foremen. (1) Self-employed or independent contractors performing labor must be paid prevailing wages for the classification of work performed. Any vendor who plans to accomplish all or a portion of the work using self-employed, independent contractors, subcontractors, or partnership contractors must provide the city, as part of their contract bid, with bona fide demonstration of status of such entities. If there is a substitution of a self-employed independent contractor or subcontractor during the execution of the contract, the proof of status must be submitted to the city's designated compliance officer. All such self-employed, independent contractors, subcontractors, or partnership contractors must have executed a written contract or subcontract agreement for their work performance. The city will accept any four (4) of the following as a bona fide demonstration of status. If status cannot be determined clearly enough by submission of the below information or documentation, the subcontractor status will be disallowed and the individual(s) will be included on the engaging company's payroll as employees and will be entitled to receipt of the prevailing wage for all work performed. a. Identification of a registered trade name and location of a telephone listing under that name; b. A contractor's license; c. A subcontractor's bond; d. Proof of workers' compensation insurance coverage; (Supp. No. 124) Created: 2023-09-28 16:55:13 [EST] Page 2 of 3