Engineering

Notice- the federal Davis-Bacon and Related Acts regulations have been updated by the federal government for federal and federal-funded projects. Please review the updates on the U.S. Department of Labor’s webpage: Final Rule: Updating the Davis-Bacon and Related Acts Regulations | U.S. Department of Labor (dol.gov).

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 (depending on project funding source):

• City-funded projects:
  • Payroll forms- you may use the federal, MnDOT, or your own payroll form, as long as it contains the required data as provided for on the MnDOT or federal payroll forms.
  • Signed MnDOT statement of compliance- the MnDOT statement of compliance must accompany each payroll submitted.  The federal statement of compliance is NOT required on City-funded projects:
  • 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 
  • Federal payroll form with federal statement of compliance
  • Federal payroll form/statement of compliance instructions 
  • Apprenticeship documents- paperwork for each apprentice is due the first time they appear on the payroll.
    • Minnesota apprenticeship ratio guide
  • 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).
  • IC134/Contractor Affidavit form- must be submitted at the end of the project before the final estimate is paid.
    • IC-134 instructions
• State-funded projects (funded through MnDOT):
  • Payroll forms- you may use the federal, MnDOT, or your own payroll form, as long as it contains the required data as provided for on the MnDOT payroll form. 
  • Signed MnDOT statement of compliance- the MnDOT statement of compliance must accompany each payroll submitted.  The federal statement of compliance is NOT required on state-funded projects: 
  • 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 
  • Month-end trucking reports: if the prime contractor and/or any subcontractors hire MTOs (multiple truck operators) and/or ITOs (independent truck operators), they must submit a MnDOT month-end trucking report each month. 
  • MnDOT month-end trucking report documents and instructions
  • Apprenticeship documents- paperwork for each apprentice is due the first time they appear on the payroll.
    • Minnesota apprenticeship ratio guide
  • 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).
  • IC134/Contractor Affidavit form- must be submitted at the end of the project before the final estimate is paid.
    • IC-134 instructions
• Federal-funded projects (funded through MnDOT):
  • Payroll forms- you may use the federal, MnDOT, or your own payroll form, as long as it contains the required data as provided for on the federal payroll form. 
  • Signed Federal statement of compliance- the federal statement of compliance must accompany each payroll submitted. Note, however, that the city of Duluth Engineering Office still requires the MnDOT statement of compliance in addition to the federal statement of compliance, so both statements of compliance should be included with your payrolls on federal funded projects:
    • Federal payroll form with federal statement of compliance
    • Federal payroll form/statement of compliance instructions 
  • EEO Documentation:
    • Projects with bid openings before 9/6/22:
      • EEO-12 form prior to project start
      • EEO-13 form submitted monthly (except month of July when forms are due weekly)
    • Projects with bid openings on or after 9/6/22:
      • Use OCR Salesforce system: https://www.dot.state.mn.us/civilrights/salesforce-instructions.html
  • Apprenticeship documents- paperwork for each apprentice is due the first time they appear on the payroll.
    • Minnesota apprenticeship ratio guide
  • 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).
  • IC134/Contractor Affidavit form- must be submitted at the end of the project before the final estimate is paid.
    • IC-134 instructions

Funding outside of MnDOT 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 prevailing wage:

• 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

• MN Truck Rental Rates
• Informational web pages:
  • US Department of Labor Davis-Bacon and Related Acts
  • 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
• City of Duluth Contract Information and Community Benefits Documents​
• City of Duluth Project Labor Agreement (PLA)