208.09  PREVAILING WAGES ON CITY PROJECTS.
   (a)   No project, in an initial amount of fifty thousand dollars ($50,000) or more for the performance of services or work for and on behalf of the City, involving craftsmen, mechanics and laborers employed directly upon the site of the work, shall be entered into, approved or executed unless a contract, agreement, understanding or arrangement provides and requires that all craftsmen, mechanics and laborers so employed are to be paid not less than the wages and fringe benefits prevailing in the locality of the building trades industry for corresponding classes of craftsmen, mechanics and laborers, as published as of the time of execution of the contract by the Michigan Department of Labor and Economic Growth, Wage and Hour Division.  In addition, such contract, agreement, understanding or arrangement, shall provide that all subcontracts entered into by the contractor shall contain the provisions set forth in this subsection with respect to the contractor, and all such contracts, agreements, understandings or arrangements shall provide that all contractors and subcontractors engaged in the performance of services or work for the City, to which this section applies, shall, as required by this section, furnish payrolls to the City.
   (b)   As used in this section:
      (1)   "Craftsmen, mechanics and laborers" means all skilled and unskilled craftsmen, mechanics, laborers, workers, and apprentices, but not executive, administrative, professional, supervisory, office or custodial employees.
      (2)   "Construction work" means new construction, alterations, repair, installation, completion, demolition, or improvement of any building or public works.
      (3)   "Fringe benefits" means compensation due an employee pursuant to a written contract or written policy for holiday, time off for sickness or injury, time off for personal reasons or vacation, bonuses, authorized expenses incurred during the course of employment, and contributions made on behalf of an employee.
      (4)   "Locality" means the City of Battle Creek or Calhoun County.
      (5)   "Project" means construction work to be contracted by the City by one or more contracts for which the City establishes a single budget; or construction work to be contracted by the City when the City Commission declares a contract or group of contracts to be a project.  The City Commission shall make this declaration at the time of establishing the budget for the work or later, but before bidding the contracts for the construction work to be declared a project.
      (6)   "Wages" means all earnings of an employee whether determined on the basis of time, task, piece, commission, or other method of calculation for labor or services except those defined as fringe benefits.
   (c)   All solicitations for construction projects shall contain the prevailing wages and fringe benefits in effect at the time the solicitation is issued. The wage scales to be paid shall be posted by the contractor in a prominent and easily accessible place at the work site.  The City Manager is hereby directed to see that the provisions of this section are contained in and complied with in all contracts, agreements, understandings or arrangements for work or services to be performed for the City in accordance with this section.
   (d)   Certified weekly payrolls covering the project contractor's and each subcontractor's work force shall be submitted to the City Contract Compliance Office or the City's designee.  All payrolls submitted shall identify by name all employees working on the project contract during the weekly reporting period, their place of residency, their trade, their classification within that trade, and all wages and fringe benefits paid.  Supervisory personnel must be reported as well as craftsmen, mechanics and laborers to ensure full City income tax compliance.  Failure to make any such report can result in the City withholding payments on the contract until such reports are filed, at the City's option.  In addition, each failure to file such payroll within seven business days of the receipt of a notice from the City of such failure, or any deliberate misrepresentation or false statement contained in such report, shall be deemed a violation of this section, punishable pursuant to Section 202.99.
   (e)   The City Manager or his or her designee is hereby authorized to withhold payment to such project contractors or subcontractors who fail to pay prevailing wages and fringe benefits as required in subsection (a) hereof in such amounts as may be required to compensate such craftsmen, mechanics and laborers with the amount of money they should have received under subsection (a) hereof.  The City Manager, with the approval of the City Commission, shall pay directly to such craftsmen, mechanics and laborers the amounts withheld under this subsection.
   (f)   This section shall not govern contracts subject to Federal Davis-Bacon requirements which contracts shall be enforced pursuant to Federal law.
(Ord. 22-87.  Passed 11-10-87; Ord. 08-05.  Passed 4-12-05; Ord. 03-07.  Passed 4-17-07; Ord. 04-2010. Passed 4-13-10.)