Agenda - Council - 06/27/2017 - Laserfiche WebLink

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01/10/2017 2. The work performed by Workers employed by the owner or lessee of a gravel or borrow pit that is a commercial establishment, even if the screening, washing or crushing machines are portable.1 t 5 XV. SUBCONTRACTING PART OF THE CONTRACT The Prime Contractor must include the Contract Special Provisions, Wage Decision(s) and Truck Rental Rate Schedule in all Subcontracts, agreements and purchase orders with lower tier Contractors.16 This requirement also applies to all lower tier subcontractors. XVI. SITE OF WORK REQUIREMENTS A. Poster Board. The Prime Contractor must construct and display a poster board containing all required posters. The poster board must be accurate, legible, and accessible to all project Workers from the first day of Work until the project is one hundred percent (100%) complete.' A poster board at an off -site location, or inside a construction trailer, does not meet this requirement. B. How to Obtain a Poster Board. The Prime Contractor may obtain the required posters and the necessary contact information that is required to be inserted on each poster by visiting the MnDOT LCU website.118 C. Emnlovee Interviews. The Contractor must permit representatives from the Department or other governmental entities"9 to interview Workers at any time during working hours on the project.'2° XVII. CHILD LABOR A. No Worker under the Age of 18. No Worker under the age of 18 is allowed to perform Work on a Project Site, except pursuant to Section XVII B below.121 B. Parental Supervision. A Worker under the age of 18 may perform Work on a Project Site if all of the following criteria are met: 1. The Contractor (Employer) is not subject to FLSA. 2. The Worker is employed in a corporation owned solely by one or both parents. 3. The Worker is supervised by the parent(s). 4. The Worker is not working in a hazardous occupation.t22 C. Removal of Minor from Proiect. The Engineer or inspector may remove a Worker that appears to be under the age of 18 from the Project Site until the Contractor or Worker can demonstrate proof of age and compliance with all applicable federal and state regulations.t23 XVIII. NON-COMPLIANCE AND ENFORCEMENT A. Case-bv-Case Enforcement. The Department has the authority to enforce the prevailing wage law on a case-by-case.t24 B. Prime Contractor Responsible for Unpaid Wag. The Prime Contractor will be held liable for any unpaid wages to its Workers or those of any lower tier Contractor.'25 115 Minn. R. 5200.1106, Subpart 4(B) 116 MnDOT Standard Specifications for Construction, Section 1801 "'Minn. Stat. 177.44, Subdivision 5 118 www.dot.state.mn.us/const/labor/nosterboards 119 MnDLI, U.S. DOL, , U.S. Department of Transportation, Federal Highways Administration 12° MnDOT Standard Specifications for Construction, Section 1511 121 Minn. R. 5200.0910, Subpart F; 29 CFR Part 570.2(a)(ii) 122 Minn. R. 5200.0930, Subpart 4 123Minn. Stat. 181A.06, Subdivision 4; MnDOT Standard Specifications for Construction, Section 1701 124 See International Union of Operating Engineers, Local 49 v. MnDOT, No. C6-97-1582, 1998 WL 74281, at *2 (Minn. App. Feb. 24, 1998) 125 MnDOT Standard Specifications for Construction, Section 1801 12-A