(a) The department will determine the
prevailing wage rate to be paid laborers, mechanics, and field surveyors. The
department will publish this determination in the pamphlet Laborers'
and Mechanics' Minimum Rates of Pay. The department will periodically
revise the prevailing wage rate, on a regional basis, to correspond with the
prevailing wage rate for similar work.
(b) The prevailing wage will be determined on
a regional basis for two geographic regions of the state, north of North 63
degrees latitude and south of North 63 degrees latitude. A region may be
subdivided into zones if the commissioner determines that the prevailing wage
rate has local variations within the region. In determining the prevailing wage
rate for a region or zone, the department will consider the prevailing wage
that represents majority penetration for each work classification. If there is
no majority penetration the department may set the prevailing wage rate in the
following manner:
(1) If less than a majority
of the persons employed at a particular skill level in a particular job class
receive the same wage, the prevailing wage rate will be determined by taking
the arithmetic mean (average) of the wages in the survey for the job class
being considered.
(2) Prior to
calculating the arithmetic mean, the survey will be adjusted by eliminating
five percent of the extreme wage rates.
(3) For example, in a survey consisting of 75
different pay rates the rates will be arrayed in order of size. Five percent at
both ends of the scale, the four highest and four lowest, will be eliminated.
The remaining 67 rates will be the final survey from which the arithmetic mean
will be determined to be the prevailing rate of pay.
(4) In determining the prevailing wage rate
for a region or zone, the department will consider the prevailing union wage,
local practice, and any other standard considered by the department to be
appropriate.
(c) Special
prevailing wage rate determinations may be requested for special projects or
special worker classifications, if the work to be performed does not conform to
traditional public construction for which a prevailing wage rate has been
established under (a) of this section. Requests for special wage rate
determinations must be in writing and filed with the commissioner at least 30
days before the award of the contract. An applicant for a special wage rate
determination shall have the responsibility to support the necessity for the
special rate. An application for a special wage rate determination filed under
this section must contain
(1) a specification
of the contract or project on which the special rates will apply and a
description of the work to be performed;
(2) a brief narrative explaining why special
wage rates are necessary;
(3) the
job class or classes involved;
(4)
the special wage rates the applicant is requesting, including survey or other
relevant wage data to support the requested rates;
(5) the approximate number of employees who
will be affected; and
(6) any other
information which might be helpful in determining if special wage rates are
appropriate.
(d) The
prevailing wage rate established in (a) of this section shall be considered the
minimum wage rate that shall be paid to various classes of laborers, mechanics,
and field surveyors.
(e) This
section shall be made part of every contract that falls within the scope of
AS
36.05.010 and
36.05.070(a).