Sec. 2-651. - Definitions.

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

City work means all building or construction work or projects of any kind or nature, including repair, alteration and remodeling done on behalf of the city under any contract awarded by the city for building or constructing any building or structure or the repair, alteration and remodeling thereof or any other project subject to the determination by the procurement and records division manager and the state department of labor and industrial relations in accordance with the provisions of 19 Del. C. ch. 1(19 Del. C. § 101 et seq.) involving the hourly wages for the respective occupational classifications within a given craft, trade or industry for the city area.

Contractor means any employer who has been awarded any contract for city work.

Contracts means contracts for the performance of city work entered into by the city with contractors and all contracts entered into between such contractors and subcontractors involving or regarding such work.

Employee means any workman or mechanic of an employer.

Employer means any person who is a party to a contract or subcontract for the performance of any city work.

Occupational classifications means the specific categories of jobs within a given craft, trade or industry for which a separate hourly wage rate for the city area as is determined by the procurement and records division manager and the state department of labor and industrial relations in accordance with the provisions of 19 Del. C. ch. 1(19 Del. C. § 101 et seq.).

Prevailing wages means the aggregate of:

(1)

The hourly wages for the respective occupational classifications within a given craft, trade or industry for the city area, determined by the procurement and records division manager and the state department of labor and industrial relations in accordance with the provisions of 19 Del. C. ch. 1(19 Del. C. § 101 et seq.), provided, however, that during the period of any substantial work stoppage involving rates of wages in a given craft, trade or industry, such wages for such craft, trade or industry shall be those as last so determined by the procurement and records division manager prior to such work stoppage; and

(2)

The additional benefits, for which a monetary equivalent may be determined, and which are given employees pursuant to a bona fide collective bargaining agreement for the respective craft, trade or industry in the city area, or the monetary equivalent of such benefits.

(Code 1968, § 20-44)

Cross reference— Definitions and rules of construction generally, § 1-2.

Sec. 2-652. - Violations.

The violation of this division shall be considered a substantial breach of the contractor's obligation under the contract; provided, however, that this division shall not be deemed to have been violated where it is contended that a particular craft, trade or industry is not the appropriate one and the wages applicable to the craft, trade or industry working under the contract have been paid the prevailing wages as determined for the craft, trade or industry specified in the contract. No contract for city work shall be awarded to any contractor or subcontractor who has violated any provision of this section until three years have elapsed from the date of determination of such violation, and such contractor shall be fined in an amount of from $575.00 up to $2,300.00 for each violation.

(Code 1968, § 20-47; Ord. No. 92-053(sub 1), § 3(f), 7-2-92)

Sec. 2-653. - Required contract provisions.

(a)

The specifications for all city work contracts shall contain a reference that the minimum wages to be paid for each occupation classification of employees shall be the prevailing wages as determined by the procurement and records division manager and the state department of labor and industrial relations. Every contract involving any city work shall contain a provision that all employees performing city work shall be paid at least the applicable prevailing wages. Every contract involving any city work shall contain a provision that the contractor shall require all subcontractors to comply with and be bound by all of the provisions of this division.

(b)

As a condition precedent to the awarding of any construction contract by the city, all bidders shall be compelled to agree and abide by any federal, state, county or municipal statutes, ordinances or regulations thereof, pertaining to plans for the hiring of persons belonging to minority groups or to any reasonable plans or agreements formulated among the contractors, construction trade unions and the various neighborhood civic groups concerned with the elimination of discriminatory hiring practices in the construction industry.

(c)

The awarding of any city construction contract shall be made to the lowest responsible bidder who agrees to abide by all federal, state, county or municipal statutes or ordinances or rules or regulations which may prohibit discriminatory hiring practices by reason of a person's race, color, national origin, religion, age, sex, marital status, handicap or political opinion, and who further agrees to promptly comply with any reasonable plan to be formulated for the hiring of persons of minority groups that results from either federal, state, county or city statutes, ordinances, rules or regulations, or agreements among the construction trade unions, the contractors and the various neighborhood groups concerned with the elimination of discriminatory hiring practices.

(d)

The department of finance's procurement and records division shall notify in writing, or include in all specifications, the pertinent provisions of this section, to apprise all bidders on city construction contracts of this requirement.

(Code 1968, § 20-45; Ord. No. 92-053(sub 1), §§ 1(c), (d), 3(e), 7-2-92)

Sec. 2-654. - Affidavit of compliance with article prerequisite to payment by city; monthly payroll report.

All contractors and subcontractors performing city work shall file with the procurement and records division manager an affidavit upon each payment being made by the city to such contractors and subcontractors pursuant to a contract that the provisions of this article have been complied with prior to the city making any payment. The affidavit shall also provide that the contractor or subcontractor has posted in a conspicuous place on the job site a list of the prevailing wages for the respective occupational classifications; and, he shall submit with his affidavit a monthly payroll report stating the number of workers in each classification, the number of hours worked that month by each classification, and the total gross payroll paid by him to each classification.

(Code 1968, § 20-46)

Secs. 2-655—2-670. - Reserved.