HRA RES 1997-13 - 00001050HRA RESOLUTION NO. 13 - 1997
A RESOLUTION OF THE HOUSING AND REDEVELOPMENT
AUTHORITY IN AND FOR THE CITY OF FRIDLEY, MINNESOTA,
FOR THE ADOPTION OF A POLICY AND CONTRACT LANGUAGE
IMPLEMENTING THE PROVISIONS OF ORDINANCE NO. 1095,
PROVIDING FOR THE PAYMENT OF PREVAILING WAGES ON
CERTAIN PROJECTS AND CONTRACTS WITHIN THE CITY
BE IT RESOLVED by the Board of Commissioners (the "Commissioners") of the
Housing and Redevelopment Authority in and for the City of Fridley,
Minnesota (the "Authority") as follows:
Section l. Recitals.
1.01. The City of Fridley, Minnesota (the "City"), has adopted a certain
Ordinance, Number 1095 (the "Ordinance"), providing for the payment of the
prevailing wage to workers within the City under certain specified
conditions and circumstances, which Ordinance is attached as Exhibit A to
this Resolution.
1.02. The City has adopted Resolution No. 97-38 implementing the
provisions of Ordinance No. 1095.
1.03. The Authority wishes to provide specific guidance to the public and
its own employees, as well as contractors and others doing or wanting to do
business with or in the City, as to how it expects the Ordinance to be
implemented in contracts and work governed by the Ordinance.
Section 2. Adoption of Policv for Pavment of Prevailina Waaes .
2.01. The Authority adopts as its policy concerning all bids and contracts
governed by the Ordinance that the following language, either fully or by
express reference to the Ordinance and this Resolution, shall be included
in all such bids and contracts, and that this same language shall operate
as the ongoing policy of the Authority with respect to any such bids and
contracts:
The Contractor agrees that the Contractor's laborers and mechanics and any
subcontractor's, of any tier, laborers and mechanics who work on this
project and who fall within any job classification established and
published by the Minnesota Department of Labor and Industry shall be paid,
at a minimum, the prevailing wage rates as certified by said Department.
Each Contractor and subcontractor of any tier performing work on this
project shall post on the project the applicable prevailing wage rates and
hourly basic rates of pay for the County or area within which the project
is being performed, including the effective date of any changes thereof, in
at least one conspicuous place for the information of the employees working
on the project. The information so posted shall include a breakdown of
contributions for health and welfare benefits, vacation, benefits, pension
benefits and any other economic benefit required to be paid.
l. Definition.
The definition of "laborer" and "mechanic" used in connection with
prevailing wages shall be that definition contained in 29CFR Part 5.2(m).
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2. Submission of Pavroll
a. Upon request of the Authority, the contractor and subcontractors,
if any, shall submit to the Authority weekly for each week in
which any contract work is performed, a copy of all payrolls. The
payroll submitted shall set out accurately and completely all the
information required to be maintained under Section 5.5(a)(3)(I)
of regulations, 29CFR Part 5.
b. Each payroll submitted shall be accompanied by a"Statement of
Compliance" signed by the contractor or subcontractor or their
agent who supervises the payment of the persons employed under the
contract and shall certify the following:
(1) That the payroll for the payroll period contains
information of the type required to be maintained under
Section 5.5(a)(3) of regulation 29CFR Part 5, and that
such information is correct and complete.
(2) That each laborer or mechanic (including each helper,
apprentice and trainee) employed on the contract during
the payroll period has been paid the full weekly wages
earned, without rebate, either directly or indirectly, and
that no deductions have been made either directly or
indirectly from the full wages earned.
(3) That each laborer or mechanic has been paid not less than
the applicable wage rates and fringe benefits or cash
equivalent for the classification of work performed as
specified in the applicable wage determination
incorporated into the contract.
(4) The contractor or subcontractor shall make the records
required under this paragraph available for inspection,
copying or transcription by the Authority and shall permit
the Authority to interview employees during working hours
on the job. If the contractor or subcontractor fails to
submit the required records and make them available, the
Authority may, after written notice to the contractor,
take such action as may be necessary to cause the
suspension of further payments, advance, or guarantee of
funds.
3. Violation: Liabilitv for Unbaid Waaes
In the event of any violation by the contractor or subcontractor relating
to the prevailing wage provision in this contract, the
contractor shall be liable for the unpaid wages.
4. Withholdina of Unpaid Waaes .
The Authority may, upon its own action, withhold or cause to be withheld
from any monies payable on account of work performed by the contractor or
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any subcontractor such sums as the Authority may determine to be necessary
to satisfy any liabilities of such contractor or subcontractor for any
unpaid wages as required herein.
5. Frinae Benefits .
The Contractor and subcontractor shall pay fringe benefits in the manner
and in accordance with the 1964 amendments to the Davis-Bacon Act (Public
Law 88-349) and the implementing regulations contained in 29CFR, Subpart B,
5.20, et seq.
6. Liauidated Damaaes .
If the Contractor or any subcontractor of any tier does not pay its
laborers and mechanics prevailing wages as provided herein, the Contractor
shall be liable to and pay to the Authority, as liquidated damages, as sum
equal to five percent (50) of the contract amount. The Authority may
deduct any money due or coming due to the Contractor such sums as the
Authority may determine to be necessary to satisfy any liability of the
Contractor to pay liquidated damages as provided herein. Any monies
collected or deducted are not to be construed as penalty but as liquidated
damages to compensate the Authority for the Contractor's and/or
subcontractor's failure to pay prevailing wages. The rights and remedies
provided for in these specifications shall be in addition to and not a
limitation of any rights or remedies otherwise available at law. In any
lawsuit involving assessment or recovery of liquidated damages, the
reasonableness of the charges therefore shall be presumed, and the amount
assessed shall be in addition to every other remedy now or hereinafter
enforceable at law, in equity, by statute or under contract.
7. Termination of Contract .
A violation of any of the above-stated provisions in a contract governed by
the Ordinance shall constitute a substantial breach of that contract and
shall constitute ground for termination.
PASSED AND ADOPTED BY THE HOUSING & REDEVELOPMENT AUTHORITY OF THE CITY OF
FRIDLEY THIS 12TH DAY OF JUNE, 1997.
LAWRENCE R. COMMERS - CHAIRMAN
ATTEST:
WILLIAM W. BURNS - EXECUTIVE DIRECTOR