BOARD OF INGHAM
OF PREVAILING WAGES
Board of Ingham County Road Commissioners believes that it is in the best
interest of the people of Ingham County that the construction work
performed for the Ingham County Road Commission be done by contractors and
subcontractors who agree to pay prevailing wages.
following policy to pay prevailing wages is revised, adopted and in
Every construction contract exceeding $10,000 entered into by the
Board of Ingham County Road Commissioners (hereinafter referred to as
“Board”) shall contain the following terms:
The rates of wages, including fringe benefits, paid to each
construction mechanic employed by the contractor or subcontractor at all
tiers, who furnishes labor on the project which is the subject of this
contract, shall be not less than the prevailing wages, including fringe
benefits, for such labor as most recently determined by the Michigan
Department of Labor, Wage and Hour Division, for Ingham County.
In the event the Michigan Department of Labor, Wage and Hour
Division, has not published a current wage rate for Ingham County and the
Managing Director is aware of any currently-prepared wage rate, prepared
by any third party, which would be applicable, the Managing Director may
use that rate and provide copies to all prospective bidders.
Otherwise, the last rate published by the Michigan Department of
Labor shall be applicable.
The contractor and any subcontractor shall not discriminate against
any employee or applicant for employment with respect to hire, tenure,
terms, conditions or privileges of employment because of race, color,
religion, national origin, ancestry, height, weight, citizenship, sex, age
or handicap during the terms of this contract as required by State and/or
Every contract executed between the Board or its contracting agent
and a successful bidder as Contractor, entered into pursuant to
advertisement and/or invitation to bid for any Ingham County Road
Commission Project, which requires or involves the employment of
construction mechanics, shall contain a wage and fringe benefit schedule
as most recently provided for by the Michigan Department of Labor, Wage
and Hour Division, for each class of construction mechanic; or, in lieu
thereof, the wage and fringe benefit schedule selected by the Managing
Every contractor and subcontractor shall keep posted on the
construction site, in a conspicuous place, a copy of all prevailing wage
and fringe benefit rates prescribed in the contract and all keep accurate
records showing the name and occupation of , and actual wages and benefits
paid to, each construction mechanic employed by that contractor or
subcontractor in connection with the contract.
contractor or subcontractor at any tier shall, upon request of the Board
or its contracting agent, provide certified payrolls on U.S. Department of
Labor Form WH347 or facsimile for all hours worked. Failure to comply to this requirement is grounds for
proceeding under paragraphs 5 and/or 6 hereunder.
Any construction mechanic of a contractor under contract with the
Board or its contracting agent or a construction mechanic of a
subcontractor at all tiers, may file a written complaint with the Board or
its contracting agent, if any, challenging the compliance by a contractor
or subcontractor with any of the terms noted above.
The Board or its contracting agent shall then conduct an
investigation to determine whether it will proceed as in paragraph(s) 5
and/or 6 below.
If a contractor or subcontractor at any tier violates or has
breached any term set forth above, the Board or its contracting agent, if
any, shall proceed to enforce that term in accordance with the contract
and/or by seeking any remedy authorized by law, including rescission of
Any contractor or subcontractor, upon being notified, that it is in
violation of paragraphs 3 or 4 and/or that an amount is due, shall have
thirty (30) days to correct the violation(s) and/or pay the deficiency by
paying the employee or employees the amounts due.
If the person, firm, corporation, or business entity fails to
correct the violation or pay within the thirty (30) day period, it shall
be subject to the following penalties:
Payment of all wages and fringe benefits, plus interest at 2% per
month on those wages and fringe benefits due the employee;
The cost to the Ingham County Road Commission shall be calculated
using the hourly wage and fringe benefit costs of the Ingham County Road
Commission employee(s) involved in the enforcement of this policy plus any
other costs incurred including actual attorney fees by the Board; and
The prohibition from biding on any contract involving the Board for
a period of three (3) years if the violation is repeated after the
contractor is formally notified. If
a bid is submitted within said three (3) year time period, it shall be
provision shall be inserted in all bid documents requiring prevailing
As used herein:
“Contracting Agent” means any officer authorized to enter into
a construction contract by or on behalf of the Board of County Road
Commissioners of the County of Ingham.
“Contract” means any agreement as a result of competitive bids
or otherwise for new construction, alteration, repair, installation,
painting, decorating, completion, demolition, conditioning, reconditioning
or improvement of roads, buildings or works, which is to be performed for
the Board of Ingham County Road Commissioners.
It does not include repair or service of equipment or machinery
“Construction Mechanic” means any
skilled or unskilled mechanic, laborer, worker, helper assistant,
apprentice or driver, but shall not include any Board employees.
“Apprentice” means any person who is registered with a bona
fide apprentice program recognized by the U.S. Department of Labor, Bureau
of Apprenticeship and Training, and shall only be used in ratio as
prevailing for the area.
Contracts which contain provisions requiring the payment of
prevailing wages as determined by the United States Secretary of Labor
pursuant to the Federal Davis-Bacon Act (United States Code 40 Section
276a, et seq.) or which contain provisions requiring the payment of
prevailing wages ad determined by the Michigan Department of Labor
pursuant to 1965, P.A. 166, as amended, being MCLA 408.551, et seq.,
are exempt from the provisions of the Resolution.
policy supersedes and rescinds all prior policies heretofore in effect.
BY THE BOARD OF INGHAM COUNTY ROAD COMMISSIONERS ON MAY 2, 1996