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Session Laws, 1986
Volume 768, Page 3423   View pdf image
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HARRY HUGHES, Governor

3423

writing requests the Commissioner so to do. The public body
shall specify in the call for bids or proposals for the contract
what is the prevailing hourly rate of wages, including the
prevailing rate of wages for overtime work, in the locality for
the various classifications of workmen and apprentices needed to
execute the contract.

(b)  It shall be mandatory upon the contractor to whom the
contract is awarded, and upon any subcontractor under him, to pay
not less than the specified rates to all workmen and apprentices
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 shall be paid to all workmen and
apprentices 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. It shall
be the duty of such public body awarding the contract, and its
agents and officers, to take cognizance of all complaints of all
violations of the provisions of this law committed in the course
of the execution of the contract, and, when making payments to
the contractor becoming due under said contract, to withhold, and
retain therefrom, all sums and amounts due and owing as a result
of any violation hereof.

(c)  The provisions of this subtitle shall not apply to
public works if the federal government or any of its agencies
furnishes by loan or grant all or any part of the funds used in
the construction of such public works, provided the public works
require a prevailing wage determination by the United States
Secretary of Labor. If only a portion of a particular public
work or public works requires a prevailing wage determination by
the United States Secretary of Labor, the provisions of this
subtitle shall apply to the remainder of said public work or
public works. However, in the event that the provisions of the
federal Davis-Bacon Act are suspended as authorized by Section 6
of said Act, then the Governor may suspend the provisions of this
subtitle during the period of such suspension of the Davis-Bacon
Act with respect to any public work or public works upon which
the United States Secretary of Labor would have been required to
make a prevailing wage determination and, if so suspended by the
Governor, the provisions of this subtitle shall not be applicable
to such public work or public works, provided that if only a
portion of a particular public work or public works requires a
prevailing wage determination by the United States Secretary of
Labor, the Governor may suspend the provisions of this subtitle
with respect to that portion only or with respect to the entire
particular public work or public works in his discretion.

(d)  The Commissioner, from time to time, shall investigate
and determine the prevailing hourly rate of wages in the
localities. Each prevailing wage determination for a
classification of workers in a locality shall remain in effect
for the locality for a period of not more than nor less than one

 

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Session Laws, 1986
Volume 768, Page 3423   View pdf image
 Jump to  
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