In this article, unless the context otherwise requires:
Sec. 28-163(1). “Affordable housing” means residential or mixed-use development that provides low-to-moderate-income housing to at least fifty (50) percent of the dwelling units at a site committed for a minimum term through covenants or restrictions to households with incomes at eighty (80) percent or less of the area median income as defined by the United States Department of Housing and Urban Development.
Sec. 28-163(2). “City” means the City of Tucson and any related city agency, department or authority.
Sec. 28-163(3). “Construction” has the meaning as set forth in section 34-101(3) of Title 34, Chapter 1, Article 1 of the Arizona Revised Statutes. For the purposes of this article, construction does not include work performed by employees of the city.
Sec. 28-163(4). “Covered contractor” means any contractor or subcontractor performing work on a covered project.
Sec. 28-163(5). “Covered project” means a city construction project on city-owned or leased property where the city is the "owner" of the project, the solicitation and award of contract(s) for the construction of the project is subject to the Procurement Code as well as Title 34 of the Arizona Revised Statutes, and the engineer's estimate of the total project cost is no less than two million ($2,000,000) dollars, with the exception of the following:
(a) Projects subject to federal prevailing wage law.
(b) Projects for which contracts are solicited before July 1, 2024, including any renewals.
(c) Projects funded in whole or in part by revenues generated from ballot measures approved by voters prior to January 1, 2024.
(d) Any projects to be constructed under a job order contract (JOC).
(e) Any affordable housing project.
(f) Any project where the contract solicitation is being re-advertised because the initial solicitation received less than three (3) responsive qualifying bids.
(g) Public infrastructure projects built by private developers regardless of whether the city is providing any form of cost reimbursement.
Sec. 28-163(6). “Prevailing wage rate” means the rate, amount, or level of wages, salaries, benefits, and other remuneration prevailing for the corresponding class of mechanics, laborers, or workers employed for the same work in the same trade or occupation in the locality in which the construction takes place, as determined by the director on the basis of applicable prevailing wage rate determinations made by the U.S. Secretary of Labor under the provisions of the Davis-Bacon Act, 40 U.S.C. § 3142 et seq., as amended.
Sec. 28-163(7). “Willfully” means any act that is intentional, deliberate, conscious or voluntary and designed to achieve a particular result.
(Ord. No. 12066, § 1, 1-9-24)