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

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01/10/2017 7. The delivery of mineral aggregate materials by or for a commercial establishment, which is deposited "Substantially in Place", and the return haul to the off -site facility either empty or loaded.'02 B. Hauling Activities Not Subiect to Prevailing Wage or Truck Rental Rates. A Contractor may exclude a Worker, including hired Trucking Brokers, MTOs and ITOs from prevailing wage or truck rental rates for the Work described in (1-2) of this section. However, this Work is considered hours worked and subject to standard compensation. 1. The delivery of processed or manufactured goods to a public works project by Workers hired by or employed directly for a commercial establishment, unless it is the delivery of mineral aggregate that is deposited Substantially in Place.103 2. The delivery of oil offsite, to a Prime Contractor's permanent (commercial) asphalt mixing facility that is not to, from, or on the project Work site.'04 C. Repair. Maintenance & Waiting to Load Time. An ITO and MTO must be paid the truck rental rate for time spent repairing or maintaining equipment, and for waiting to load or unload if the repair, maintenance, or wait time is the fault of the Trucking Broker, Contractor, its agent or employees.'05 D. Month End Trucking Report. A Contractor that acquires the services of an ITO or MTO must submit a "MnDOT — MTO and/or ITO Month -End Trucking Report", and a "MnDOT — Month -End Trucking Statement of Compliance Form" to the Department for each month hauling activities are performed under the Contract.106 The forms are available on the MnDOT LCU website.107 E. Broker Fee. A Trucking Broker contracting to provide trucking services to a user (Contractor)1" must receive payment from the user (Contractor) in consideration of the trucking services provided.109 Broker fees must not be charged to ITOs and MTOs.11° F. MTO Request to Sublet Form. A Contractor that hires a MTO must provide a "MTO Request to Sublet Form" to the Department. The form is available on the MnDOT LCU website.111 XIV. OFF -SITE FACILITIES A. Off -Site Facility Activities Subiect to Prevailing Wage. A Contractor must ensure that all Workers performing Work at a covered off -site facility are paid the applicable Total Prevailing Wage Rate for the following Work: 1. The processing or manufacturing of material at a Prime Contractor's off -site facility that is not a separately held commercial establishment.tt2 2. The processing or manufacturing of material at an off -site facility that is not considered a commercial establishment.tt3 B. Off -Site Facility Activities Not Subiect to Prevailing Wage. A Contractor may exclude a Worker from prevailing wage for the following work: 1. The processing or manufacturing of material or products by or for a commercial establishment.114 102 Minn. R. 5200.1106, Subpart 3B(6) 103 Minn. R. 5200.1106, Subpart 4(C) 104 J.D. Donovan, Inc. vs. Minnesota Department of Transportation, 878 N.W.2d 1 (2016) 105 Minn. R. 5200.1106, Subpart 8(A)(1) 106 Minn. R. 5200.1106, Subpart 10 107 httn://www.dot.state.mn.us/const/labor/forms.html 108 Minn. R. 5200.1106, Subpart 7(C)(1) 109 Minn. R. 5200.1106, Subpart 7(C)(4) 110 Minn. R. 5200.1106, Subpart 6, Minn. R. 5200.1106, Subpart 7(A)(3) 111 httn://www.dot.state.mn.us/const/labor/documents/Contractdocs/mtosubletform.ndf 112 ALJ Findings of Fact, Conclusions of Law, and Recommendation, Conclusions (7), Case #12-3000-11993-2 "'Minn. R. 5200.1106, Subpart 3(A) 114 Minn. R. 5200.1106, Subpart 4(A) 11-A