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

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01/10/2017 C. Enforcement Options. If evidence shows that a Contractor has violated prevailing wage requirements, or these Special Provisions, the Department may, after written notice, implement one or more of the following: 1. Withholding Payment. The Department may withhold from the Prime Contractor payments relating to prevailing wage underpayments.'26 2. Non -Responsible Contractor. The Department may reject a bid from a Prime Contractor that has received two (2) or more Determination Letters within a three (3) year period from the Department finding an underpayment by the Contractor to its own employees.127 3. Default. The Department may take the prosecution of the Work out of the hands of the Prime Contractor, place the Contractor in default, and terminate the Contract for failure to comply.128 4. Suspension or Debarment. The Department may refer violations and matters of non- compliance by a Contractor to the Minnesota Department of Administration for suspension or debarment proceedings.'29 5. County Attorney. The Department may refer suspected criminal violations by Contractor to the appropriate local county attorney for prosecution.'3o 6. Financial Penalties. Any Contractor who violates the state prevailing wage law is guilty of a misdemeanor and may be fined not more than $300 or imprisoned not more than 90 days or both. Each day that the violation continues is a separate offense.131 A Contractor may be fined up to $1,000 for each failure to maintain records.'32 7. False Claims Act Violation. All required payroll and certification reports are legal documents; knowing falsification of the documents by a Contractor may result in civil action and/or criminal prosecution133 and may be grounds for debarment proceedings.'34 8. Compliance Order. The Department may request that MnDLI issue a compliance order to a Contractor for violations of the state prevailing wage law. If the Contractor is found to have committed a violation, liquidated damages and other costs may be assessed against the Employer.'35 9. Private Right of Action. The Department may direct an employee to pursue a civil action in district court against its Employer for failure to comply with the proper payment of wages.136 If the Employer is found to have committed a violation, liquidated damages and other costs may be assessed against the Employer.137 10. Fringe Benefits: Misdemeanor. A Contractor that is obligated to deposit Fringe Benefit contributions on behalf of a Worker into a financially responsible trustee, third person, fund, plan, or program and fails to make timely contributions is guilty of a gross misdemeanor or other violations under federal law. 138 126 MnDOT Standard Specifications for Construction, Section 1906 127 Minn. Stat. 16C.285 128 MnDOT Standard Specifications for Construction, Section 1808 129 Minn. R. 1230.1150, Subpart 2(A)(4) 1" Minn. Stat. 177.44, Subdivision 7 131 Minn. Stat. 177.44, Subdivision 6 132 Minn. Stat. 177.30(b) 133 Minn. Stat. 15C.02; , Minn. Stat. 161.315; Minn. Stat. 177.32; Minn. Stat. 177.43, Subdivision 5, Minn. Stat. 609.63 134 Minn. Stat. 161.315 and Minn. Stat. 609.63 135 Minn. Stat. 177.43, Subdivision 6a 136 Minn. Stat. 177.27, Subdivision 8 137 Minn. Stat. 177.27, Subdivision 10 138 Minn. Stat. 181.74, Subdivision 1 13-A