§ 27-4-405 — Duty of public authority to ascertain wage rate for public works; requirement as to call for bids

(a) Before any public body awards a contract for public
works, it shall obtain from the department the prevailing hourly
rate of wages in the locality in which the work is to be
performed, for each craft or type of workman needed to execute
the contract or project. The public body shall specify in the
resolution or ordinance and in the call for bids for the
contract, what the prevailing hourly rate of wages in the
locality is for each craft or type of workman needed to execute
the contract, and 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
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 as determined by the department
pursuant to W.S. 27-4-406, or determined by the court on review,
shall be paid to all workmen performing work under the contract.
It shall also require in all the contractor's bonds that the
contractor include such provision as will guarantee the faithful
performance of the prevailing hourly wage clause as provided by
the contract. The finding of the department specifying the
prevailing hourly rate of wages in accordance with this
subsection, shall be final for all purposes of the contract then
being considered, unless reviewed under the provisions of this
act. A public body doing public works directly shall comply with
the prevailing hourly rate of wages portion of this subsection
for each craft or type of workman so employed. In reviewing bids
for public works contracts, the public body shall only award a
bid preference in the percentage specified in W.S. 16-6-102(a)
to any prospective contractor who participated, as certified by
the department, in the department's wage survey for the period
applicable to the contract being awarded.
(b) In determining prevailing hourly wage rates, the
department shall ascertain and consider the applicable hourly
wage rates established by collective bargaining agreements, if
any, such hourly wage rates as are paid generally within the
locality and the most current department hourly wage survey as
adjusted in W.S. 27-4-406.