From the desk of MnDOT Labor Compliance
By: Kirsten Reyes, Labor Compliance Supervisor, Office of Construction & Innovative Contracting
Thank you for all the work you do. With the turnover that is happening across MnDOT, county and city agencies, a refresher on prevailing wage compliance may be useful. Here are some helpful hints and reminders:
- Please check the suspension and debarment lists before awarding projects and while approving requests to sublet documents. Recently, a debarred contractor was found to be accidentally hired to work on a federal aid project.
- Check the Month End Truck Reports (METR), confirm the hours reported on the METR Form A (MTO) correspond with payrolls submitted and\or hours reported on the METR Form B (ITO).
- ITO is an Independent Truck Operator, which means the OWNER is the DRIVER and only owns One Truck. MN Rules 5200.1106 subpart 7. Trucking definitions A. Independent truck owner-operator.
- MTO is a multiple truck operator – Trucking Firm – Broker. MTO can be a broker company that does not put their own trucks on a project. MTO can be an owner/owners of one or more trucks. MTO can be two owners that own multiple trucks, one truck, and/work as a broker. If the driver (whether owner or employee) operates a truck hauling aggregate, that driver can be subject to prevailing wage requirements.
- Commercial Establishment:
- MN Rules 5200.1106 subp 5 Commercial Establishment. Trucks sent by a commercial establishment are not subject to prevailing wage until they cross over onto the project site and are placing material. A Commercial establishment supplies mineral aggregate incorporated into work, has a fixed place of business, and public can access and purchase aggregate.
- A commercial establishment is not owned by the prime contractor.
- Request to sublet
- Review the contractor for:
- Active USDOT number
- Registration with MN Secretary of State as an active business
- Trucking, Confirm that they are MTO or ITO, Number of Owners, insurances, USDOT Active, registered with MN Secretary of State
- MnDOT Labor Compliance can help you. Since the start of MnDOT using AASHTOWare/CRL system for payrolls, we ALSO have a CONTRACTOR VENDOR ID LOOKUP https://transport.dot.state.mn.us/reference/refvendor.aspx. Have your contractors fill out our vendor form (contractor or trucking vendor form), MnDOT Labor Compliance checks/vets the contractor: active with MN Secretary of State, active USDOT, make the determination of MTO/ITO, ITO insurance up-to-date. This will require the vendor to acquire a Swift vendor number as a supplier (which is free) unless they are a prime. (MnDOT Labor Compliance has a person that can help the contractor navigate both the Swift and USDOT systems).