NUMB:
970111
VERS:
ORIGINAL
REF:
XXBY:
THE CHAIR
TITL:
An ordinance relating to public works city contracts.
SECS:
309-21-1 am
309-21-2 am
309-25 am
309-33 am
ANLS:
- Analysis -
This ordinance makes changes to various public works city contract provisions in compliance with recent changes in the state prevailing wage and hour laws:
1. Permits 10 hour work days, provided an employe works no more than 40 hours per week, without requiring overtime pay.
2. Requires certain publication and notification of prevailing wage rate and hours with respect to public works contractors, subcontractors and their employes.
3. Prohibits awarding contracts to persons who have violated the prevailing wage and hour laws.
BODY:
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 309-21-1 and 2 of the code is amended to read:
309-21. Department of Public Works City Contracts. 1. HOURS OF WORK AND COMPENSATION. The service of all laborers and mechanics who are now or who may hereafter be employed by any contractor or subcontractor of the city of Milwaukee upon any of the public works of this city is [[hereby]] limited to days other than Saturdays, Sundays and legal holidays and restricted to 40 working hours per week, of which no more than [[8]]>>10<< hours shall occur in any one calendar day; and, except as the commissioner of public works may approve to conform with occupational practices or as specifications may require, it shall be unlawful for any officer of the city government or any such contractor or subcontractor, whose duty it shall be to employ, direct or control the services of such laborers or mechanics, to require or permit any such laborer or mechanic to work on Saturdays, Sundays and legal holidays or more than 40 hours per week and [[8]]>>10<< hours in any calendar day, except in cases where, in the opinion of the commissioner of public works, an emergency exists.
2. EMERGENCY WORK. In such instances, where overtime work has been permitted and laborers or mechanics are required to work more than [[8]]>>10<< hours per day or 40 hours per week, or at times other than the normal workday or workweek, they shall be paid by the contractor in accordance with the prevailing overtime wage rates. When, and only when, an emergency has been declared to exist and the commissioner of public works, after the signing of a contract, has ordered in writing that work on a project be carried on in excess of [[8]]>>10<< hours per day or 40 hours per week, it shall be the duty of the city to reimburse the contractor over and above the price agreed upon for the performance of such work in the amount of the premium paid for overtime work, or work performed at times other than the normal workday or workweek, in accordance with the prevailing overtime wage rates, plus any premium paid for necessary materials because of delivery during times other than the normal workday or workweek. Provided further, that the restriction [[hereby]] imposed in respect of the number of hours of labor per week shall not apply to dredging operations or to the operations of tugs or tow boats in navigable waterways and basins of said city, or to marine work performed principally by the use of craft or floating equipment in Lake Michigan or in that portion of the Milwaukee harbor lying downstream from Broadway bridge over the Milwaukee river and from the lower bridge of the Chicago & North Western Railway Company over the Kinnickinnic river.
Part 2. Section 309-25 of the code is amended to read:
309-25. Minimum Wage Provisions Applicable to City Contractors. Hereafter all skilled and unskilled laborers employed in any work done by contract for the city of Milwaukee, by any contractor or subcontractor performing work for the city, either new construction work or repair work on any roads, bridges, sewers, streets, alleys, buildings or any other public work whatsoever, shall receive and be paid a sum of not less than the current rate of per diem wages established by the common council [[of said city]] on city work. Said current rate of per diem wages is fixed at sums which shall not be less constituting a day's work for similar work by direct employment, at the time the contract is entered into, unless the city by proper authority shall subsequently and during the course of the work reduce said rate, in which case the reduced rate shall govern; and for this purpose all ordinances pertaining to labor are [[hereby]] made part of all contracts, subcontracts and agreements hereafter made, let or be entered into by the city of Milwaukee. The proper officers of the city of Milwaukee are [[hereby]] directed to add a digest of ss. 309-21, 309-25, 309-27 and 309-33, and of all wage >>and hour<< schedules then in effect, to all specifications for all work >>described in this section,<< [[upon which they shall call for bids]] >>and reference to same shall be published in the notice issued for the purpose of securing bids. A schedule of wage rates and hours of labor shall be kept posted in at least one conspicuous and easily accessible place on the site of the project or, if there is no common site, at the place normally used by the city to post public notices<<. The purpose of this section is to insure a living wage to all laborers employed on all city work.
Part 3. Section 309-33 of the code is amended to read:
309-33. Disqualification of Contractor. Whenever any contractor or subcontractor engaged in any public work for the city shall have been found by the commissioner of public works, officer or employe of the city, or by a court of competent jurisdiction, to have infringed upon any of the provisions of s. 309- 25 or any resolution or scale of wages adopted pursuant thereto, or any ordinance pertaining to the hours of labor upon public works, or any resolution adopted pursuant thereto, the contractor or subcontractor shall not be deemed to be a competent and reliable bidder in the sense as described in s. 7-14 of the city charter, and shall not be allowed to bid by himself or herself partner or agent or by any corporation of which he or she is a member for a period of one year after the first violation is found and for a period of 3 years after a second violation is found. >>No city official may award any contract to a person whom the state of Wisconsin has found to have failed to pay prevailing wage rates pursuant to 66.293, Wis. Stats.,unless the state of Wisconsin recommends otherwise or unless at least 3 years have elapsed from such a finding.<< Any contractor found by the commissioner of public works to have willfully failed to comply with any provision inserted into a contract for public works pursuant to ss. 309-38-2, 309-41-2 or 360-06, shall not be allowed to bid by himself or herself, partner or agent or by any corporation of which he or she is a member, for a period of up to 2 years after such noncompliance is found.
LRB:
APPROVED AS TO FORM
____________________________
Legislative Reference Bureau
Date: _____________________
CATT:
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
___________________________________
Office of the City Attorney
Date: _____________________
ZDPT:
DFTR:
LRB97158.2
TWM:ave
4/16/97_________________________________
Office of the City Attorney
Date: _____________________
ZDPT:
DFTR:
LRB97158.2
TWM:ave
4/16/97