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
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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