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01/03/99 SAT 13:13 FAX ~ ~s GE~L S1jCES iJ003 General Services Commission J711 San Jacinta - P.o. BOle 1~047 Auslln. TexIS 7871 J -3047 Web Sile: www.gsc.statC.IX.U5 (5 (2) 463-30),5 " f', Prevailing Wage Rate Determination Information The following information ftOm Chapter 2258 Texas Government Code ntle 10 should be included in your bid specificallon documents and contract documents: 2258.021. Duty of Governmental Entity to Pay Prevailing Wage Rates (a) The state or any polJtl~r subdivision of the state shall pay a worker employed by It or on behalf of It: (1) not ress than the general prevailing rate of per diem wages for work of a similar character in the locality in which the work Is pelfonned; and (2) nat ress than the general prevafllng rate of per diem wages for regal holiday and overtime work. (bJ Subsection (a) does not apply to maintenance work. (c) A worker Is employed on a public work for the purposes of this section If the worker Is employed by a contractor or subcontractor In the execution of a contract for the public work with the state, a political suhdlvlslon of the state, or any officer or public bOdy of th~ state or a political subdivision of the state. 2258.023. Prevailing Wage Rates to be Paid by Contractor and Subcontractor; Penalty (a) The contractor who is awarded a contract by a public body or a subcontractor of the contractor shall pa)' not less than the rates determIned under Section 2258.022 to a worker' employed by it in the execution of the contract. (b) A contractor or subcontractor who violates this section shall pay to the state or a political subdivision of tho state on whose behalf the contract is made, $60 for each worker employed for each calendar day or part of the 'day that the worker Is paid less than the wage rates stipulated In the contract. A pUblic body awarding a contract shall specify this penalty in the contract. Note: This penalty applies even if the oontractor or subcontractor and the worker come to an agmement on the underpaid wages (see Attorney General Opinion DM-469). ec) A contractor or subcontractor does not violate this section if a pUblic body awardIng a contract does not detennlne the prevafflng wage rates and specify the rates In the oontract as provfded by Section 2258.022. . Cd) 111e pUbUc body shan use any money collected under this sectlon to offset the costs incurred in the administration of this chapter. (e) A municipality Is entiUed to collect a penalty under this section only if the municipality has a population of more than 10.000. 2258.051. Duty of PUbllo Body to Hear Complaints and Withhold Payment (a) A public body awardtng a contract. and an agent or officer of the public body, shaff: (1) take cognizance of complaints of all violations of this chapter: committed in tho execution of the contract; and (:2) withhold money forfeited or required to be withheld under this chapter from the payments to the contractor under the contract, except that the public body may not withhold money from other than the tlnal payment without detennination by the public body that there Is good causa to belleve that the contractor has violated this chapter. WRIOOI MudlIIlDI a -c,...,,.. "'-vI''''___ ...."....,~l1'~