text: "Texas Tech UGSC
2.2.1.1 NAME_1 shall submit a copy of each worker’s wage-rate notification to
ODR with the application for progress payment for the period during
which the worker was engaged in activities on behalf of the Project.
2.2.1.2 The prevailing wage schedule is determined by Owner in compliance with
Tex. Gov’t Code, Chapter 2258. Should NAME_1 at any time become
aware that a particular skill or trade not reflected on Owner’s prevailing
wage schedule will be or is being employed in the Work, whether by
NAME_1 or by Subcontractor, NAME_1 shall promptly inform ODR of
the proposed wage to be paid for the skill along with a justification for
same and ODR shall promptly concur with or reject the proposed wage
and classification. NAME_1 is responsible for determining the most
appropriate wage for a particular skill in relation to similar skills or trades
identified on the prevailing wage schedule. In no case, shall any worker
be paid less than the wage indicated for laborers.
2.2.2 Penalty for Violation. NAME_1, and any Subcontractor, will pay to the State a
penalty of sixty dollars ($60), or such greater amount if required by
Applicable Law, for each worker employed for each day, or portion thereof, that
the worker is paid less than the wage rates stipulated in the prevailing wage
schedule.
2.2.3 Complaints of Violations.
2.2.3.1 Owner’s Determination of Good Cause. Upon receipt of information
concerning a violation, Owner will conduct an investigation in accordance
with Tex. Gov’t Code, Chapter 2258 and make an initial determination as
to whether good cause exists that a violation occurred. Upon making a
good cause finding, Owner will retain the full amounts claimed by the
claimant or claimants as the difference between wages paid and wages due
under the prevailing wage schedule and any supplements thereto, together
with the applicable penalties, such amounts being subtracted from
successive progress payments pending a final decision on the violation.
2.2.3.2 No Extension of Time. If Owner’s determination proves valid that good
cause existed to believe a violation had occurred, NAME_1 is not entitled
to an extension of time for any delay arising directly or indirectly from the
arbitration procedures.
2.2.3.3 Arbitration Required if Violation not Resolved. After Texas Tech
makes its initial determination, the affected NAME_1 or
Subcontractor and worker have 14 days in which to resolve the issue
of whether a violation occurred, including the amount that should be
retained by