Payment of prevailing wage for work performed on certain construction contracts.
Richmond, Va., City Code § 21-74
in effectSec. 21-74. - Payment of prevailing wage for work performed on certain construction contracts.
(a) Each contract for construction greater than $250,000.00 awarded by the City pursuant to Chapter 21 shall require that the contractor and subcontractors pay wages, salaries, benefits, and other remuneration to any mechanic, laborer, or worker employed, retained, or otherwise hired to perform services in connection with the construction contract at or above the prevailing wage rate.
(b) Certain contracts exempted. Construction contracts subject to Federal prevailing wage law are exempted from the City's prevailing wage requirement.
(c) Contractor responsibilities.
(1) Upon the award of any contract subject to the provisions of this section, the contractor to whom such contract is awarded shall certify, under oath, to the Virginia Commissioner of Labor and Industry, the pay scale for each craft or trade employed on the project to be used by such contractor and any of the contractor's subcontractors for work to be performed under such contract. This certification shall, for each craft or trade employed on the project, specify the total hourly amount to be paid to employees, including wages and applicable fringe benefits, provide an itemization of the amount paid in wages and each applicable benefit, and list the names and addresses of any third-party fund, plan or program to which benefit payments will be made on behalf of employees. Within five days of certifying to the Virginia Commissioner of Labor and Industry, the contractor must provide a copy of the certification to the Director.
(2) In addition to applying the prevailing wage rates to its own employees pursuant to the terms of its contract with the City, the contractor under each such contract shall include the provisions of this section in every subcontract so that such provisions will be binding upon each subcontractor. The contractor agrees to assume the obligation that the wage requirements will be observed in fulfilling the requirements of the contract. The appropriate enforcement sanctions may be invoked against the contractor and any such subcontractor in the event of such subcontractor's failure to comply with any of the provisions of this section.
(3) A contractor or subcontractor who employs any mechanic, laborer, or worker to perform work contracted to be done under the construction contract at a rate that is less than the prevailing wage rate:
a. Shall be liable to such individuals for the payment of all wages due plus interest at an annual rate of eight percent accruing from the date the wages were due; and
b. Shall be disqualified from bidding on contracts with any public body until the contractor or subcontractor has made full restitution to the individuals. A contractor or subcontractor who willfully violates this section shall be guilty of a Class I misdemeanor.
(4) Each contractor and its subcontractor subject to the provisions of this section shall keep, maintain, and preserve:
a. Records relating to the wages paid to and hours worked by each individual performing the work of any mechanic, laborer, or worker; and
b. A schedule of the occupation or work classification at which each individual performing the work of any mechanic, laborer, or worker on the construction project is employed each work day and week. The contractor or subcontractor shall preserve these records for a minimum of six years after the expiration or termination of the applicable contract, and shall make such records available to the Virginia Department of Labor and Industry or to the City within ten days of a request, and shall certify that records reflect the actual hours worked and the amount paid to its workers for whatever time period is requested.
(5) Each contractor and subcontractor subject to the provisions of this section shall post, during the entire time work is being performed, a clearly legible statement of the general prevailing wage rate for each craft and classification involved, as determined by the Virginia Commissioner of Labor and Industry, including the effective date of any changes thereof, in prominent and easily accessible places at the site of the work and at any such places as are used by the contractor or subcontractors to pay workers their wages. Such posting must be made in English and any other language that is primarily spoken by the employees at the worksite. Within ten days of such posting, a contractor or subcontractor shall certify to the Director and to the Virginia Commissioner of Labor and Industry its compliance with this subsection.
(6) Contractors and subcontractors shall fully cooperate with any contract compliance requirements specified in the executed contract documents, including, but not limited to, site visits, staff interviews to validate wage rates, and the submission of payroll records.
(d) The Director shall be authorized to establish additional policies and procedures designed to implement, administer, and enforce this section.
(Ord. No. 2024-186, § 2, 10-15-2024)
Source: City of Richmond, Virginia, Code (2026 recodification) and Charter (Municode Library, library.municode.com)URL: https://library.municode.com/va/richmond/codes/code_of_ordinances?nodeId=PTIICICO_CH21PUPR_ARTIICOFOMESOSE_S21-74PAPRWAWOPECECOCOFetched: 11/8/2026
