§ 40-196.5. Compliance by public bodies and contractors - Violations.

A.  Before any public body awards a contract for public works, it shall notify the Commissioner to ascertain the prevailing hourly rate of wages in the locality in which the work is to be performed, for each craft or type of workmen needed to execute the contract or project. The public body shall specify in the resolution or ordinance, and in the call for bids for the contract, what the prevailing hourly rate of wages in the locality is for each craft or type of workmen needed to execute the contract, also the general prevailing rate for legal holiday and overtime work, and it shall be mandatory upon the contractor to whom the contract is awarded, and upon any contractor under him, to pay not less than the specified rates to all workmen employed by them in the execution of the contract.  The public body awarding the contract shall cause to be inserted in the contract a stipulation to the effect that not less than the prevailing hourly rate of wages as found by the Department or determined by the court on appeal shall be paid to all workmen performing work under the contract.  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.  The public body awarding the contract shall insert in the contract stipulations to effectuate the provisions of this act, and provide that the responsibility of compliance is the obligation of the prime contractor.  Provided, however, that once a contract has been advertised for bids, and a prevailing wage determined, such prevailing wage shall not be altered, until such time as the contract expires.  Provided further, the contracting entity who awards a contract that is subject to this act shall within ten (10) days forward a copy of the award to the Commissioner.

B.  Any public body which violates the provisions of this section shall be liable to pay to workmen the difference between the amount of wages actually paid to workmen and the amount of wages workmen are actually entitled to pursuant to the provisions of this act.

Amended by Laws 1985, c. 49, § 4, eff. Nov. 1, 1985.