Engineering

Duluth City Code 1959 stipulates that all laborers and mechanics working on city projects $2,000 or higher be paid prevailing wage. This includes anyone performing manual labor on the project site, including administrative staff – owners, partners, executives, managers, etc. - when they are performing manual tasks, as well as truck drivers with few exceptions.  Also, all contractors and subcontractors working on the project (including trucking companies transporting materials with few exceptions) are required to submit documentation of prevailing wage payment.   The documents we need to review payrolls are broken down as follows:

• Payroll forms- you may use the federal, MnDOT, MnDOLI, or your own payroll form, as long as it contains the required data as provided for on the MnDOT, MnDOLI, or federal payroll forms.
• Statement of Compliance: you may choose to attach the MnDOT, MnDOLI, or NEW Federal Statement of Compliance.  Do not attach the OLD Federal Statement of Compliance as that form is now obsolete.

These are the payroll forms and statements of compliance:

• • • MnDOT payroll form
    • MnDOT payroll form instructions
    • MnDOT statement of compliance form (PDF)
    • MnDOT Statement of Compliance form (Word- fillable)
    • MnDOT statement of compliance instructions
    • MnDOLI Payroll and Statement of Compliance 
    • Federal payroll form with federal statement of compliance
      
      
• Month-end trucking reports are required on MnDOT-funded projects.
  • MnDOT month-end trucking report documents and instructions
• ITO (independent truck operator) documents- the cab card, insurance, and CDL for each ITO is required once for each project (this includes ITOs hired by the prime contractor and/or any subcontractors).
• MTO (multi-truck operator)- must submit payrolls.
• Apprenticeship documents- paperwork for each apprentice is due the first time they appear on the payroll. Make sure your payrolls adhere to the correct state ratios:
  • Minnesota apprenticeship ratio guide
• Overtime- OT is required on hours over 8 in a day and 40 in a week.  However, if the project is City funded only, we will allow alternate OT schedules per union agreement.  The state does not have this allowance, so you must adhere to the 8/40 rule on all projects with state funding.  Federal funding is almost always administered through the state, so we must follow state and federal rules on federal-funded projects.
• EEO Documentation (for local federal and general obligation funded construction projects funded through MnDOT that are over $100,000 awarded by a city or county agency):
  • Use OCR Salesforce system: https://www.dot.state.mn.us/civilrights/salesforce-instructions.html
  • EEO reports are NOT required on City or state funded projects. The City does have a Community Benefits program, but does not require the EEO-13 monthly report.
• Contractor affidavit form- must be submitted at the end of the project before the final estimate is paid.
  • Contractor affidavit instructions

Funding outside of MnDOT or Engineering may have other requirements, which would be listed in the special provisions for that project.  If you have questions, please contact our office below.

Submitting your payroll documents:

Subcontractors: please submit your documents to the prime contractor and they will forward the information to the contracting agency.

Prime contractor: please submit your documents to the contracting agency.  If it is a City of Duluth PW&U Engineering project, you can send your documents to:

Angela Herbert
Email: aherbert@duluthmn.gov
Mail:
Attn: Angela Herbert
City of Duluth Public Works & Utilities Department- Engineering Division
City Hall, Room 240
411 W 1st St
Duluth, MN 55802

For questions, please call: 218-730-5081

If you are not sure which City of Duluth department/division is the contracting agency, please contact Purchasing (purchasing@duluthmn.gov or 218-730-5340) or Engineering and we will assist you.

See the following links for more information regarding City of Duluth PW&U Engineering Div labor compliance:

• Poster Board:
  • MnDOLI guide- Workplace posters | Minnesota Department of Labor and Industry - for all City of Duluth projects, post the posters that state "all employers."  Also make sure you post the wage decision/s and any truck rental rates as required by prevailing wage law.
  • Federal DOL guide- Workplace Posters | U.S. Department of Labor - review the posters on this site to determine if your company needs to post any of these.
  • MnDOT guide- Posterboard - Labor Compliance - MnDOT - for all projects funded through MnDOT (cross reference with MnDOLI and DOL posters).
• Wage Decisions:
  • MN Department of Labor and Industry Highway/Heavy Prevailing Wage Decision (for most City and state funded Engineering projects)
    • For archived wage determinations, contact the engineering office for a copy.
  • MN Department of Labor and Industry Commercial Prevailing Wage Decision (not used often in Engineering, but applicable for projects involving buildings)
  • Federal Wage Determinations
  • MnDOLI prevailing wage survey

• MN Truck Rental Rates
• Informational web pages:
  • US Department of Labor Davis-Bacon and Related Acts
  • Prevailing Wage Resource Book
  • MnDOT Labor Compliance Website
  • MnDOLI Prevailing Wage Information
• Legislation:
  • Minnesota Administrative Rules- prevailing wage determinations- see part 5200.1000 – 5200.1120
    • Master Job Classifications
  • 29 CFR 5-Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction
  • Final Rule: Updating the Davis-Bacon and Related Acts Regulations | U.S. Department of Labor (dol.gov)
• City of Duluth Contract Information and Community Benefits Documents​
• City of Duluth Project Labor Agreement (PLA)
  • If there is a PLA on a project, make sure you thoroughly read through the terms of the PLA and ensure every sub signs the Agreement to be Bound.