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05-13-2026 Council Packet
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05-13-2026 Council Packet
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MnDOT Contract No. 1062987 <br /> <br /> <br />6 <br />remedies in instances where contractors violate or breach contract terms, and provide for such <br />sanctions and penalties as appropriate. <br />17.1.2. All contracts in excess of $10,000 must address termination for cause and for convenience by the <br />non-Federal entity including the manner by which it will be effected and the basis for settlement. <br />17.1.3. Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts <br />that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must <br />include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive <br />Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., <br />p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal <br />Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal <br />Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” <br />17.1.4. Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, <br />all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a <br />provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as <br />supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions <br />Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with <br />the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less <br />than the prevailing wages specified in a wage determination made by the Secretary of Labor. In <br />addition, contractors must be required to pay wages not less than once a week. The non-Federal <br />entity must place a copy of the current prevailing wage determination issued by the Department of <br />Labor in each solicitation. The decision to award a contract or subcontract must be conditioned <br />upon the acceptance of the wage determination. The non-Federal entity must report all suspected <br />or reported violations to the Federal awarding agency. The contracts must also include a provision <br />for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented <br />by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public <br />Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). <br />The Act provides that each contractor or subrecipient must be prohibited from inducing, by any <br />means, any person employed in the construction, completion, or repair of public work, to give up <br />any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must <br />report all suspected or reported violations to the Federal awarding agency. <br />17.1.5. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all <br />contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of <br />mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as <br />supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, <br />each contractor must be required to compute the wages of every mechanic and laborer on the basis <br />of a standard work week of 40 hours. Work in excess of the standard work week is permissible <br />provided that the worker is compensated at a rate of not less than one and a half times the basic <br />rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 <br />U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be <br />required to work in surroundings or under working conditions which are unsanitary, hazardous or <br />dangerous. These requirements do not apply to the purchases of supplies or materials or articles <br />ordinarily available on the open market, or contracts for transportation or transmission of <br />intelligence. <br />17.1.6. Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition <br />of “funding agreement” under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter <br />into a contract with a small business firm or nonprofit organization regarding the substitution of <br />parties, assignment or performance of experimental, developmental, or research work under that
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