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

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01/10/2017 STATE FUNDED ONLY CONSTRUCTION CONTRACTS SPECIAL PROVISIONS DIVISION A - LABOR I. INTRODUCTION A. Policy Statement. It is in the public interest that public buildings and other public works projects be constructed and maintained by the best means and the highest quality of labor reasonably available and that persons working on public works projects be compensated according to the real value of the services they perform.' B. State and Federal Regulations Govern. This Contract is subject to the Minnesota Prevailing Wage Act2, Minnesota Fair Labor Standards Act3, Minnesota Rules'', Minnesota Department of Labor and Industry (MnDLI) Wage Decision(s), MnDLI Truck Rental Rate Schedule and the Federal Fair Labor Standards Act.' C. Purpose. These provisions: (1) outline your obligations under state and federal laws, rules and regulations; (2) explain the requirements necessary to demonstrate compliance; and (3) explain the processes that the Department will undertake to ensure compliance. D. Ouestions or Resources. Please visit the Minnesota Department of Transportation (MnDOT) Labor Compliance Unit (LCU) website at: www.dot.state.mn.us/const/labor. II. DEFINITIONS Many of the terms used in these provisions are defined in MnDOT's Standard Specifications for Construction,6 unless defined below. A. Apprentice. A Worker at least 16 years of age who is employed to learn an apprenticeable trade or occupation in a registered apprenticeship program.' B. Bona Fide. Made or carried out in good faith; authentic.' C. Certified Payroll Report (CPR). A report comprised of two components; (1) a payroll report, and (2) a statement of compliance report.' D. Contractor. An individual or business entity that is engaged in construction or construction service - related activities including trucking activities either directly or indirectly through a Contract, or by Subcontract with the Prime Contractor, or by a further Subcontract with any other person or business entity performing Work.10 E. Employer. An individual, partnership, association, corporation, business trust, or other business entity that hires a Worker." F. Fringe Benefit. An employment benefit given in addition to a Worker's wages or salary.12 G. Independent Truck Owner/Operator (ITO). An individual, partnership, or principal stockholder of a corporation who owns or holds a vehicle under lease and who contracts that vehicle and the owner's services to an entity which provides construction services to a public works project.13 ' Minn. Stat. 177.41 2 Minn. Stat. 177.41 to 177.44 'Minn. Stat. 177.21 to 177.35 4 Minn. R. 5200.1000 to 5200.1120 5 29 U.S.C. 201, et seq. 6 MnDOT Standard Specifications for Construction, Section 1103 'Minn. Stat. 178.011, Subdivision 2 8 The American Heritage College Dictionary, Third Edition, 2000 9 Minn. R. 5200.1106, Subpart 10 10 Minn. R. 5200.1106, Subpart 2(D) 11 Minn. Stat. 177.42, Subdivision 7 12 The American Heritage College Dictionary, Third Edition, 2000 13 Minn. R. 5200.1106, Subpart 7(A) 1-A