§ 37.13 DETERMINATION OF PREVAILING RATE OF WAGES.
   (A)   Before advertising for bids, or entering into any contract for construction of public works not utilizing federal dollars which makes the bid subject to the Davis-Bacon Act, or state dollars in excess of 50% of the project cost, the Metro Government shall request from the Department of Workplace Standards of the Kentucky Labor Cabinet, the prevailing rates of wages for each classification of laborers, workmen, and mechanics for the class, or work called for in the construction of such public works in the locality where the work is to be performed. This schedule of the prevailing rate of wages shall include a statement that it has been determined in accordance with the provisions of KRS 337.505 to 337.550, and shall be attached to, and made of the specifications for the work, and shall be printed on the bidding blanks and made a part of every contract for the construction of public works.
   (B)   The Metro Government, when advertising and awarding the contact referenced above, shall cause to be inserted in the proposal and contract a stipulation to the effect that not less than the prevailing hourly rate of wages as determined by the State Commissioner shall be paid to all laborers, workmen, and mechanics performing work under the contract by the contractor and all subcontractors. It shall also require in all the contractor's bonds that the contractor include such provisions as will guarantee the faithful performance of the prevailing hourly wage clause as provided by contract. It shall be the duty of the Metro Government and its agent and officers, to take cognizance of all complaints of all violations of the provisions of this subchapter committed in the course of the execution of the contract, and when making payments to the contractor becoming due under the contract, to withhold, and retain therefrom all sums and amounts due and owing as a result of any violations thereof. It shall be lawful for any contractor to withhold from any subcontractor under him or her sufficient sums to cover any penalties withheld from him or her by the Metro Government, on account of the subcontractor's failure to comply with the terms thereof and if payment has already been made to him or her, the contractor may recover from him or her the amount of the penalty in a suit at law.
(1994 Jeff. Code, § 37A.04) (Jeff. Ord. 12-2002, adopted and effective 3-12-2002; Lou. Metro Am. Ord. No. 73-2005, approved 6-1-2005)