Texas Register, Volume 19, Number 41, Pages 4291-4362, June 3, 1994 Page: 4,321
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formed for each craft or type of wot
laborer, or mechanic needed to exe
public works contract on behalf of the
This section prescribes the policies an
cedures by which the Texas Departrr
Transportation will ascertain the pre,
rate of wages, and will administer a
force the prevailing rate of wages
quired by Texas Civil Statutes,
5159a.
(b) Definitions. The foil
words and terms, when used in this s
shall have the following meanings,
the context clearly indicates otherw
(1) Area engineer-The ch
ministrative officer in charge of a,
office of the department
(2) Building contract A c
awarded by the department for the co
tion or repair of a department bi
structure, but not designated by the
ment as a maintenance contract
(3) Commission IThe
Transportation Commission
(4) Complainant A 1
workman, or mechanic who files a
plaint under this section.
(5) Contractor-A firm ai
a public works contract
(6) Department The Tex;
partment of Transportation
(7) District engineer -The
administrative officer in charge of a
of the department.
(8) Highway rmprovemer
tract-A contract awarded by the cc
sion under Texas Civil Statutes,
6674h, for the improvement of a segn
the state highway system, but not
nated by the department as routine r
nance.
(9) Prevailing wage ra
general prevailing rate of per diem
including legal holidays and overtime
in the locality in which work is to t
formed for each craft or type of wo.
laborer, or mechanic needed to exe
public works contract on behalf of thi
(10) Public works cont
building contract or a highway im
ment contract.
(c) Determination of pre
wage rate.
(1) Highway improvement
tracts.(A) For highway improve-
ment contracts, the department shall adopt
the prevailing wage rate for each job classi-
fication as determined by the United States
Department of Labor in accordance with the
Davis-Bacon Act. 40 United States ('ode,kman, 276a. The department will not utilize any
cute a Davis-Bacon wage rate survey conducted
state three or mote years before the bidding of a
id pro- project
tent of
ailing (B) For purposes of this
par agraph, contributions made or costs rea-
as re- sonably anticipated for bona fide fringe
benefits under the Davis-Bacon Act,
1(b)(2) on behalf of laborers, workmen, or
lowing mechanics are considered wages paid to
ection, such laborers, workmen, or mechanics.
unless Whenever the prescribed minimum wage
ise rate in the contract for laborers, workmen,
ief ad- and mechanics includes a fringe benefit
which is not expressed as an hourly rate, the
n area contractor or subcontractors, as appropriate,
shall either pay the benefit as stated in the
ontract wage determinations or shall pay another
nstruc- bona fide fringe benefit or an hourly cash
uildmg equivalent.
jepart- (2) Building contract For
building contracts, the department shall
Texas adopt the prevailing wage rate for each job
classification as determined by the General
aborei. Sevices Commission
corn- (d) Contract procedures
(1) Contract specification. The
warded department shall specify the applicable pre-
vailing wage rates in its public works con-
as De tracts and in the call for bids for such
contracts. The specified rates shall apply as
minimum wage rates for contracts. Failure
chief of the department to specify the prevailing
district wage rate in the call for the contract shall
relieve the contractor and any subcontrac-
tors from ability under Texas Civil Stat-
utes,. Article 5159a
rmmis-
Article (2) Contractor responsibility
nent of 'The contractor is responsible for carrying
desig- out the requirements of this section and it
nainte- shall be the contractor's responsibility to
ensure that each subcontractor working on
the project complies with these require-
te-T'he ents
inents
wages,
work, (3) Rate by class and type. The
be per- prevailing wage rate shall be indicated in
rkmen, the contract for each class and type of la-
:cute a borer, workman, and mechanic whose ser-
estate. vices are considered necessary to execute
the contract. These iates shall govern as
minimum wage rates for the contract and
[prove- shall be conspicuously posted on the project
site by the contractor for inspection by all
vailing laborers, workmen, and mechanics em-
ployed on the project.
nt con- (4) Apprentices and trainees.(A) Apprentices and trainees
may work at less than the predetermined
minimum wage rate for work they perform
when they are employed pursuant to and
individually registered in a bona fide ap-
prenticeship or trainee program registered
with the United States Department of La-bor, Employment ard Training Administra-
tion. Proof of registration will be submitted
to the department.
(B) The allowable iatto of
apprentices or trainees to Journeyman-level
employees on the project site in any craft
classification shall not be greater than the
ratio permitted to contractor or subcontrac
tor under the registered program.
(5) Additional classification.
(A) This paragraph applies to
highway improvement contracts.
(B) If the work performed by
a workman, laborer, or mechanic is not
covered by a job classification in the depart-
ment's wage determination, the contractor
or subcontractor and the area engineer shall
each submit a request to the department for
an additional classification with a recom-
mended wage rate and supporting documen-
tation. The recommendations must be based
on industry practice and the rate of compa-
rable classifications. The department may
modify or disapprove the recommended
classification minimum wage rate within 30
days of receipt if the department determines
that the recommended classification mini-
mum wage rate is not based on industry
practice and the rate of comparable classifi-
cations.
(C) The additional classifi-
cation minimum wage rate established by
the department will be effective retroactive
to the first day on which work is performed
in the job classification.
(6) Overtime wages. The con-
tractor or subcontractor shall pay overtime
wages pursuant to the requirements of the
Fair Labor Standards Act, 29 United States
Code 201, et seq.
(e) Records and inspections
(1) The contractor and all sub-
contractors shall submit weekly payrolls to
the department showing the name, occupa-
tion, number of hours worked each day, and
per diem wages paid each laborer, work-
man, and mechanic together with a com-
plete record of all deductions made from
those wages. Only deductions made in ac-
cordance with the regulations issued by the
United States Department of Labor (29
Code of Federal Regulations Part 3) are
permitted. The initial payroll for each la-
borer, workman, or mechanruc shall also in-
dicate the employee's address and phone
number.
(2) The contractor and subcon-
tractor shall file an affidavit for each payroll
certifying that the payroll is an accurate
report of the full wages due and paid to- PROPOSED RULES June 3, 1994 19 TexReg 4J21
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Texas. Secretary of State. Texas Register, Volume 19, Number 41, Pages 4291-4362, June 3, 1994, periodical, June 3, 1994; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth176894/m1/31/?q=%221994-06%22: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.