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HomeMy WebLinkAboutReso RDA 15-1997 RESOLUTION NO. 15-97 REDEVELOPMENT AGENCY,CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION APPROVING A PREVAILING WAGE POLICY APPLICABLE TO REDEVELOPMENT AREA PROJECTS WHICH SATISFY SPECIFIED CRITERIA WHEREAS, the Building Trades Council of San Mateo County has requested that the Agency adopt a Prevailing Wage Policy to require the imposition of a Prevailing Wage requirement on certain redevelopment projects; and WHEREAS, the Redevelopment Agency desires to adopt the policy. NOW, THEREFORE, BE IT RESOLVED by the South San Francisco Redevelopment Agency that it hereby approves the Prevailing Wage policy attached hereto as Exhibit A. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the Redevelopment Agency of the City of South San Francisco at a regu 1 ar meeting held on the 1 :>th day of November, 1997 by the following vote: AYES: Boardmembers James L. Datzman, Eugene R. Muliin, John R. Penna and Chairman Joseph A. Fernekes NOES: None ABSTAIN: None ABSENT: Boardmember Robert Yee ATTEST: ~'Pd/4~5-°-'~ ~ ~,/,'d,~ Clerk C:XMODEM~REVAILI.RSO EXHIBIT A TO RESOLUTION NO. 15-97 PREVAILING WAGE POLICY CITY OF SOUTH SAN FRANCISCO REDEVELOPMENT AGENCY 1. GENERAL POLICY. All workers performing construction work for a proiect covered by Section (2) hereof, from the commencement of construction until the issuance of a final Certificate of Occupancy shall be paid wages not less than the per diem rate determined to be the prevailing wage rate by the Director of the Califomia Department of Industrial Relations pursuant to California Labor Code Section 1773 et seq., or any successor statutes. The total prevailing wage rate shall be paid directly to the worker in a cash equivalent as wages, but if the worker is subiect to a collective bargaining agreement, the wages shall be disbursed in accordance with the provisions of such collective bargaining agreement. Construction work includes all construction of the building core and shell. It shall also include all tenant improvements for such project if a building permit for such improvements has been issued no later than one year after City's approval of a certificate of occupancy for the building shell. Also included are public works that are within the customary jurisdiction of the construction trades and crafts, whether performed on or off the project site. Work done off the site on materials to be assembled in the project at a later date is not covered by this policy, but the work of assembly of such materials on site is covered. 2. PROJECT SUBJECT TO PREVAILING WAGE POLICY. The Prevailing Wage Policy shall apply to any construction project with a total construction cost, including tenant improvements, of $100,000 or more meeting the criteria set forth in (a), (b), (c) or (d) below and not made exempt from the policy by (e) below: (a) Where a construction project is subsidized directly or indirectly by public funds in the amount of $100,000 or more pursuant to an agreement with the Agency. (b) Where a construction project is financed in whole or in part by the issuance of Agency bonds. (c) Where a construction project is on land owned by the Agency or land conveyed or leased to the lando~vner or developer by the Agency. (d) Where the construction project is the subject of a Development and Disposition Agreement, an Owner Participation Agreement where the Agency has provided direct or indirect financial benefit to the owner, or a Development Agreement. (e) The Prevailing Wage Rate Policy shall not apply to any of the following: (1) Construction Projects consisting solely of tenant improvements if the building permits for such work are issued more than one year after a Certificate of Occupancy has been approved for the building shell: (2) For the remodeling or rehabilitation of any building, structure, or site improvement sin existence as of the date this amended policy is adopted; (3) Any project where Federal and State law prohibits any imposition of a prevailing wage requirement; (4) Any project constructed using public employees; (5) Construction of four or fewer single family residences; (6) Rehabilitation of multi-family housing of seven or fewer units financed by Community Development Block Grant funds or of eleven or fewer units financed by Rental Rehabilitation Program funds: (7) This policy shall not apply to supervisory, managerial or secretarial personnel, to persons employed in the rental, operation or maintenance of the project, or to any person employed in a job classification for which no wage determination is issued. 3. EMPLOYEES COVERED. The prevailing Wage Policy shall apply to all workers (hereinafter sometimes referred to as "employees") performing construction work for the developer, the general contractor, or subcontractors or other contractor engaged in construction of the Project by the developer, including their successors and assignees. 4. PREVAILING WAGE DETERMINATION. Prevailing wage rates for each employee shall be those wage rates as determined and published periodically by 2 the Department of Industrial Relations pursuant to Section 1773 of the Labor Code. 5. PAYROLL RECORDS. Any developer, general contractor, subcontractor or other contractor subject to this policy shall maintain and compile accurate and complete payroll records. Certified copies of the payroll records shall be available for inspection at all reasonable hours at a local office of the employer. Copies of the records shall be provided promptly upon request by a representative of the Agency. Upon request of any worker or his or her authorized representative or a member of the public whose has a reasonable belief that employees covered hereunder are not being paid prevailing wages, the City shall request certified copies of the payroll records. Any worker, his or her authorized representative, or the public may also request a copy of the records from the Agency. The addresses and Social Security numbers of employees may be masked or deleted so as to prevent disclosure in copies furnished to the public. The failure to provide complete payroll records upon such request shall create a presumption that prevailing wages have not been paid. 6. APPRENTICES. Nothing contained herein shall prevent the employment of apprentices, as defined in Chapter 4, Division 3 of the Labor Code. Every such apprentice shall be paid not less than the standard wage paid to apprentices under the regulations of the craft or trade at which he or she is employed. The employment and training of each apprentice shall be in accordance with the provisions of the apprenticeship standards and apprentice agreements under which he or she is in training. 7. MONITORING. The Prevailing Wage Policy will be monitored by the Agency, but the Agency assumes no responsibility regarding the completeness or accuracy of the payroll records that may be submitted to it. 8. BREACH: LIABILITY FOR UNPAID WAGES. The employer shall be liable to the employee for unpaid prevailing wages or any portion thereof, and including, for example, overtime wages. 9. ENFORCEMENT. (1) In addition to any other rights provided by California law to recover compensation, a worker that has been paid less than the prevailing wage rates shall have a right to commence an action or proceeding against his or her employer for the difference between the prevailing wage rates and the amount paid to such worker for each calendar day or portion thereof for which the worker was paid less 3 than the compensation required to be paid under the provisions of this policy. No issue other than that of the liability of the employer for the amount of unpaid wages alleged due shall be determined in such action or proceeding, and the burden shall be on the employer to establish that the amounts demanded are not due. A worker recovering any or all of the wages claimed to be due shall recover his or her costs and attorneys' fees in securing such recovery. Nothing in this section shall preclude its enforcement by the California Division of Labor Standards Enforcement. (b) The Agency shall include a requirement for compliance with the policy for projects ,vhich are subject to the prevailing wage requirement in any Disposition and Development Agreements, Owner Participation Agreements where the City is providing a financial benefit to the owner, lease agreements, or sale agreements. In addition, no Agency funds shall be paid nor shall the proceeds of any bond issuance be released for projects subject to the prevailing wage requirement until the person undertaldng the project has executed a written agreement to comply with this policy. __ 10. INTERPRETATION OF POLICY. Where the application of this policy in a given circumstance is unclear, the Executive Director of the Redevelopment Agency may refer to statutes, regulations and precedents that apply to the determination and payment of prevailing wages on public works projects of public agencies in California, and base a determination on the mostly nearly applicable rule. C:gelODEM'9°REVAI LI.WG E