Definitions.

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As used in this part 2, unless the context otherwise requires:

  1. "Agency of government" means any agency, department, division, board, bureau,commission, institution, or section of the state which is a budgetary unit exercising construction contracting authority or discretion. "Agency of government" does not include any county, city and county, city, municipality, town, school district, special district, or any other political subdivision of the state.

  2. "Contractor" means any person having a contract for a public project with an agencyof government.

  3. "Director" means the director of the department of personnel.

  4. "Employees" means workers who are employees pursuant to section 8-4-101 (5), andwho are engaged by contractors or subcontractors to perform jobs on various types of public projects including mechanics, laborers, and other construction workers.

  5. "Public project" means any construction, alteration, repair, demolition, or improvement of any land, building, structure, facility, road, highway, bridge, or other public improvement suitable for and intended for use in the promotion of public health, welfare, or safety and any operation or maintenance programs for the operation and upkeep of such projects. "Public project" includes any work, construction, or repair performed by a private party through a contract to rent, lease, or purchase at least fifty percent of the project by one or more agencies of government.

  6. "Wages", "scale of wages", "wage rates", "minimum wages", and "prevailing wages"means:

  1. The basic hourly rate of pay; and

  2. For medical or hospital care, pensions on retirement or death, compensation for injuries or illness resulting from occupational activity, or insurance to provide any of the forgoing, for unemployment benefits, life insurance, disability and sickness insurance, or accident insurance, for vacation and holiday pay, for defraying the costs of apprenticeship or other similar programs, or for other bona fide fringe benefits, but only where the contractor or subcontractor is not required by other federal, state, or local law to provide any of those benefits, the amount of:

  1. The rate of contribution irrevocably made by a contractor or subcontractor to a trusteeor to a third person under a fund, plan, or program; and

  2. The rate of costs to the contractor or subcontractor that may be reasonably anticipated in providing benefits to employees pursuant to an enforceable commitment to carry out a financially responsible plan or program which was communicated in writing to the employees affected.

Source: L. 2019: Entire part added, (SB 19-196), ch. 316, p. 2949, § 2, effective August 2.


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