Tenn. Comp. R. & Regs. 0800-03-02-.05 - REGULATIONS FOR CONTRACTORS AND CONTRACTS

(1) All state highway construction project contracts between the contracting state agency and the highway contractor shall contain a provision requiring the contractor and all subcontractors to pay the prevailing wage and shall include the following:
(a) All contractors and subcontractors shall:
1. Classify all covered workers in conformity with the schedule of classifications issued by the Commission in accordance with Rule 0800-03-02-.02.
2. Post the prevailing wage rates at the site of construction in a prominent place and make these rates available to all covered workers employed on the project at all reasonable times.
3. Pay overtime compensation as required by any applicable federal or state laws, rules, or regulations or as may be required by the contract with the state agency.
4. Make only those deductions from wages authorized by law.
5. Submit weekly a copy of all payrolls to the contracting state agency. The contractor or subcontractor shall certify that the payrolls are correct and complete, and that the wage rates paid to covered workers during the reporting period equal or exceed those determined by the Commission, and that the classifications set forth for each covered worker conform with the work she/he performs. The contracting state agency shall promptly submit the contractor's or subcontractor's weekly payroll statements to the Commission. The contractor or subcontractor shall make its employment records available for inspection by representatives of the contracting state agency, the Commission, and the Department, and shall permit such representative to visit construction projects at all reasonable times.
6. Incorporate into each awarded contract a bonding provision in accordance with T.C.A. § 12-4-409.
7. Pay the rate of wages established by the Commission on all classifications of work that may be used by the contractor or subcontractor in carrying out the contractual agreement between the contractor or subcontractor and the contracting state agency.
8. The Commission or any employee of any contractor or subcontractor whose wages are determined pursuant to the Act may maintain an action against any contractor or subcontractor for the breach of any condition of any performance bond given under the provisions of the Act, and, in case of breach of any provision of such bond, the particular state agency which awarded the contract may advertise the work and relet the contract in the same manner as the original letting.

Notes

Tenn. Comp. R. & Regs. 0800-03-02-.05
Original Rule certified filed June 10, 1974. Repeal and new rule filed March 12, 1987; effective April 26, 1987. Repeal and new rule filed June 30, 2006; effective September 13, 2006. Amendments filed April 8, 2019; effective 7/7/2019.

Authority: T.C.A. §§ 12-4-403, 12-4-405(1)(B), 12-4-405(4), 12-4-408, 12-4-409, 12-4-410, 12-4-411, 12-4-412, 12-4-413, and 12-4-415.

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