- 98 - SECTION 110 -- WAGES AND CONDITIONS OF EMPLOYMENT
110.01 Scope
1.These contract Required Prov isions shall apply to all work performed on the contract by the Contra ctor with their own organization and with the assistance of workers under their immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract.
2.The Contractor shall insert in each of their subcontracts all of the stipulations contained in the Spec ial Provisions and these Required Provisions.
a.Any supplier furnishing material to the project from a plant or facility at or near the site of the wo rk, and set up for that purpose exclusively, shall be considered a Subcontractor for labor compliance purposes only and shall comply with all requirements for labor as set forth in the proposal.
b.A plant or facility is consi dered to serve a project "exclusively" if not more than 10% of sales from t he plant or facility are made to others.
3.A breach of any of the stipulations cont ained in these Required Provisions may be grounds for termination of the contract.
110.02 Labor Laws Cited
1.The Contractor shall comply wi th Federal and State wage and labor laws.
110.03 Employment of Labor
1.General
a.No person under the age of sixteen (16) years, and no one whose age or physical condition is such as to make their employment dangerous to their health or safety, or to the health and safety of others shall be employed on any project. This paragraph shall not be construed to deny the employment of older people or physically handicapped persons, otherwise employable, where such persons may be safely assigned to work which they can ably perform.
b.No person currently serving sentence to a penal or correction institution shall be employed on any project.
c.Except as specifically prov ided under this Section, workers who are qualified by training or experience to be assigned to projects of this character shall not be discriminated against on any grounds whatsoever.
2.Equal Opportunity a. Selection of Labor
1.During the performance of this Contract, the Contractor shall not discriminate against labor from any other state.
b.Nebraska Fair Employment Practices Act (1) The Contractor shall not discriminate against any employee or applicant for employment, to be employed in the performance of this Contract with respect to hire, tenure, terms, conditions, or privileges of employment, because of race, color, religion, sex, disability or national origin. The Contractor agrees to post in a conspicuous place or places a Wages and Conditions of Employment 110.03 - 99 - notice to be provided by the State Hig hway Department which sets forth excerpts of the Act.
c.Nebraska Equal Pay Act
1.The Contractor shall not discriminate on the basis of sex by paying wages to employees of one sex at a lesser rate than the rate paid to employees of the opposite sex for comparable work on jobs which have comparable requirements. An abstract of the Nebraska Equal Pay Act is included on the notice which is provided by the Department.
3.Payrolls a. Payrolls and basic records relating thereto will be maintained during the course of the work and pres erved for a period of three years thereafter for all laborers and mechanics working on the site of the work.
b.The Contractor's and subcontractor's payroll records shall be available for inspection by authorized representatives of the Department and authorized representatives of federal agencies.
c.The wages of labor shall be paid in legal tender of the United States, except that this condition will be considered satisfied if payment is made by a negotiable check, on a solvent bank, which may be cashed readily by the employee in the local community for the full amount, without discount or collection charges of any kind. Where checks are used for payment, the Contractor shall make al l necessary arrangements for them to be cashed and shall give information regarding such arrangements.
d.No fee of any kind shall be asked or accepted by the Contractor from any person as a cond ition of employment on the project.
e.No laborers shall be charged for any tools used in performing their respective duties except for reasonably avoidable loss or damage thereto.
f.Every employee on the work covered by this Contract shall be permitted to lodge, board and trade where and with whom they elect and the Contractor shall not directly or i ndirectly require as a condition of employment that an employee shall l odge, board or trade at a particular place or with a particular person.
g.No charge shall be made for any transportation furnished by the Contractor to any person employed on the work.
h.No individual shall be employed as a laborer on this contract except on a wage basis, but this shall no t be construed to prohibit the rental of trucks or other equipment from individuals. No su ch rental agreement, or any charges for gasoline, supplies, or repairs on account of such agreement, shall cause any deduction from the wages accruing to any employee except as authorized by the regulations hereinbefore cited.
110.03 Wages and Conditions of Employment
- 100 - 4. Safety and Accident Prevention
a.In the performance of this Contract, the Contractor shall comply with all applicable Federal, State and local laws governing safety, health and sanitation. The Contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions, on their own responsibility or as the contracting officer may determine, reasonably necessary to protect the li fe and health of employees on the job and the safety of the public and to prot ect property in connection with the performance of the work covered by the contract. - 101 - SECTION 111 -- PLANS AND SPECIFICATIONS
111.01 Distribution of Plans and Specifications
1.The Department will place review copies of the plans and specifications on file in the offices of:
a.All NDOT District Engineers. b. Central Headquarters, Nebraska Department of Transportation, Lincoln, Nebraska.
c.NDOT website. 2. The plans and specifications may be in electronic format. 3. Plans and Proposals are available for purchase on the NDOT Storefront website.
Source: Nebraska Standard Specifications for Highway Construction, 2017 Edition. Pages 132–134 of 1,048.