Week of February 6, 2017
Bill Targeting Workplace Ordinances Moves Forward
From the StarTribune: A bill aimed at repealing Minneapolis and St. Paul's new paid sick leave ordinances - and preventing other Minnesota cities from passing their own labor rules - cleared a first hurdle in the Minnesota Legislature on Thursday. The proposal, introduced by Rep. Pat Garofalo (R-Farmington), would prohibit cities from enacting ordinances that would mandate a higher minimum wage, paid sick leave, or other types of leave or requirements about scheduling workers. After hours of public testimony, most of it in opposition to the bill, the House Job Growth and Energy Affordability Policy and Finance Committee approved the plan in a 13-9 party line vote. Garofalo said his intent with the bill was to avoid a patchwork of regulations around the state. AGC testified in support of the bill's passage. The entire article is available here.
*UPDATE II*
MnDOT Issues Updated Contract Special Provisions for Labor and Prevailing Wage Compliance/Administration
AGC is continuing to discuss and explore the various impacts the updated MnDOT Contract Special Provisions for Labor and Prevailing Wage Compliance might have on the bidding environment and directly on contractors and their business practices. As noted previously, the provision will begin appearing in state funded only construction contracts starting with February 2017 contract lettings; however, it will subsequently be applied to all MnDOT projects, regardless of funding sources, in the coming weeks. The Special Provisions for Labor and Prevailing Wage Compliance and Administration can be accessed here.  
 
We have asked MnDOT to consider delaying implementation of the Special Provision to allow more time for its wider dissemination and interpretation. That request will not be honored. The Department contends that existing federal laws (Fair Labor Standards Act) and other existing statutes already require compliance with the Special Provision elements - specifically those covering Section VII. Hours Worked.    
 
We will continue to dialogue with MnDOT on this important issue. We are also exploring the opportunity of developing an industry informational seminar that will provide a forum for dialogue between contractors, attorneys, and other industry professionals with experience in these matters. MnDOT has several Labor and Wage Compliance sessions scheduled around the state in the coming weeks where these changes will be discussed. We encourage you to attend these sessions and ask questions. Registration information can be accessed here.
Elaine Chao Confirmed as Transportation Secretary 
The U.S. Senate confirmed Elaine Chao to serve as Secretary of Transportation in the Trump Administration this week on a vote of 93-6. A handful of Democrats voted against her nomination: Chuck Schumer (D-N.Y.), Kirsten Gillibrand (D-N.Y.), Bernie Sanders (D-Vt.), Cory Booker (D-N.J.), Jeff Merkley (D-OR) and Elizabeth Warren (D-Mass.).
 
AGC of America has delivered a letter asking Secretary Chao to stop unnecessary regulatory impediments, eliminate local hiring requirements, rescind greenhouse gas measures, rescind the NEPA review ordinance, review the DBE program, move forward with work zone safety rulemaking, increase hours of service allowances for drivers, and encourage a fix for the highway trust fund. The full text of the letter can be found here.
Red Wing Bridge Meeting Reminder
The Red Wing Bridge pre-bid meeting will be held on Monday, February 6. The meeting will be held at the District 6 office (2900 - 48th Street NW, Rochester), beginning at 10:00 am. Contact Terry Ward at terry.ward@state.mn.us or 507-286-7688 with questions.
Attention Union Signatory Members
The following AGC and related industry collective bargaining agreements expire on April 30, 2017. All listed agreements are pre-hire 8(f) agreements except the Cement Masons, which are 9(a).
 
Not all agreements below* were negotiated with AGC's assistance, but we have these agreements on the To Be Bound forms many of you use to execute the agreements.
 
  • Highway Agreements Expiring
    • Minnesota Carpenters and ND/SD Addendum (addendum must be addressed separately)
    • Minnesota Cement Masons Local 633
    • Iron Range Cement Masons Local 633
    • Rochester Area Cement Masons Local 633
    • Minnesota Laborers
    • *MN Laborers Statewide Landscape and Erosion Control Agreement
    • *ND Laborers and Moorhead and MN Addendum
    • Minnesota Operators Local 49
  • Building Agreements Expiring
    • *Bricklayers Local 1 Eastern and Western ND
    • Carpenters Duluth, Iron Range, Bemidji
    • Carpenters SD and ND addenda to Southern MN Agreement
    • Cement Masons Local 633 Duluth/Superior
    • Cement Masons Local 633 Iron Range
    • Laborers 1091 Duluth
    • Laborers 1097 Iron Range (correction to local #)
    • *ND Laborers Statewide Agreement
    • *MN Laborers Statewide Landscape and Erosion Control Agreement
    • *ND Operators Local 49 Statewide  
Pursuant to the 60-day notification requirement contained in these agreements, contractors are advised to send their letter(s) of notification to the appropriate unions to which agreements they are signed.  The text for the recommended letter to the union is available here or in Word format by contacting Renee at rhorsman@agcmn.org or 651-796-2181.
Weekly Safety Meetings Program Available
In partnership with Safety Meetings Outlines, AGC of Minnesota offers members a unique way to help keep jobsite employees safe. Through the Weekly Safety Meetings program, your firm can receive information that can be used as the basis of weekly toolbox talks, including quizzes to enhance retention of critical material. Making this important safety information available to your employees can also add to documentation available for OSHA compliance. Program details are available here.
Prime Contractor Reminder
Contractors are reminded that when bidding a MnDOT job as a prime contractor they must physically include a copy of FHWA Form 1273 along with their Standard Subcontracting Agreement(s). Form 1273 can be found here.
NASA Applications Due
AGC of America's National AGC Safety Award (NASA) program provides a great opportunity for members with excellent safety records to compete for nationally recognized awards. This year's application is due to our office by February 6. Click here for the instructions and application.
Project Delivery Methods Discussion
On February 13, AGC members are invited to join members of ACEC of Minnesota at their monthly lunch meeting. The event will include a panel discussion of current alternative financing and delivery methods in use in Minnesota and around the country from the engineering and contractor perspective. Details and registration information are available here.
Minnesota's Transportation Conference
Registration is now open for the 2017 Minnesota's Transportation Conference, the largest transportation event in the state, being held March 1 - 2 at Saint Paul RiverCentre. Attendees will find sessions focused on topics such as driverless cars, SMART cities, funding challenges, customer engagement, intersection and bridge innovations, and how the Twin Cities are preparing for Super Bowl 2018. Complete details and registration are available here.
AGC Bookstore Monthly Featured Product -
Construction Planning and Scheduling Manual
Through its on-line bookstore, AGC of America offers monthly featured products, available at a discount to AGC members.  A link to the bookstore is available through our home page, www.agcmn.org , or at http://store.agc.org?AffiliateId=AGCO254.
 
The 2nd edition of the Construction Planning and Scheduling Manual was written to provide guidance to contractors in the effective use of modern project management techniques. The primary objective of this book is as an educational tool that can be used to teach the concepts of construction planning and scheduling. The content of the book is written for all project personnel, from the working foreman to the project executive.
 
This item is available during the month of February at a 20% discount using coupon code FEBPLAN20.

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Associated General Contractors of Minnesota |  dwoods@agcmn.org | http://www.agcmn.org
525 Park Street, Suite 110
St. Paul, MN 55103
651-632-8929