US Senate Passes $1.2T Infrastructure Bill, Goes to the House
On Tuesday, the Senate passed the more than one trillion dollar bipartisan infrastructure bill on a vote of 69-30. All 50 Senate Democrats were joined by 19 Senate Republicans.
AGCA SUMMARIES OF BIPARTISAN INFRASTRUCTURE BILL
Below are several linked summaries of what’s in the bill for certain construction markets. AGC of America is continuing to work on resources for other construction markets—including the building construction market. These resources will be updated from time to time as they sort through 2,702 pages of text.
|
|
COVID-Related Mandates
Owners, both private and public, are considering mandating protections on worksites against COVID, including requiring proof of vaccination and/or testing for infection. If an owner makes this request, AGC suggests the following options:
- Ensure the requirement is legal. Any mandate must comply with EEOC guidelines that include accommodations for religious and health reasons. You can find these guidelines on AGC’s COVID-19 webpage.
- Explore whether masks or face coverings plus social distancing is a viable alternative to more invasive mandates. CDC and MDH provide guidance for appropriate COVID protections.
- Ask for any owner mandate to be in writing and recognize that the mandate may be equivalent to a change order. The change directive may affect other terms in the contract. Review your contract to appreciate the impact.
- Track costs or delays caused by an owner mandate. Delays and cost changes caused by an owner directed change, including potential labor shortages if workers are disqualified by the owner, could trigger adjustments to the contract terms. If an agreement on costs or delays is not reached, contractors still may be able to receive equitable adjustments if the procedures in the contract are followed.
- Understand the impact to your other duties and rights. A contractor who owns the contractual duty to ensure a safe job site may be able to determine how to keep the jobsite safe from COVID independent of an owner, depending on the circumstances. There may be a potential conflict between the contract and the mandate, at the least suggesting an opportunity to discuss the impact and best ways to address the concerns. AGC suggests first trying one of the above options. If an impasse occurs, this is an open question. Contact Mike for more information.
You should stay in touch with your attorney for advice how an owner mandate may affect your contractual (and other legal) rights and duties.
|
|
State Mandates COVID Masks, Vaccines, or Testing
The State of Minnesota is considering requiring workers who are on a construction job site for State projects (administered by an executive branch (including MnDOT), MSCU system or other State agency) to show proof of vaccination against COVID-19 or provide test results weekly that he/she is not infected. A meeting among State agencies is scheduled for next week to look at this potential. AGC is working actively with the State to raise the practical problems and alternatives of a mandate, to ensure that change orders will be accepted for consequent delays and costs, and to explore other options such as face coverings.
We will keep you updated in the weekly update or, if appropriate, a special alert (be sure to subscribe here). |
|
The Trades and COVID Testing
The trade unions have partnered with contractors and AGC to understand owner mandates. Carpenters are including vaccination records on their members’ QR codes. Contractors should be aware of these QR codes and ability to easily identify workers’ qualifications. Operating Engineers have reached out to the Governor’s office for clarification and to explain the difficulties of a mandate. Laborers, Ironworkers, Cement Masons, and Bricklayers are looking into the issues and staying in good communication.
Please contact Mike if you have any questions or face any problems with COVID related mandates. |
|
Workplace Protections to be Expanded for Expectant, New Parents
The new state law expands provisions of the Women's Economic Security Act (WESA), which was passed in 2014 to strengthen workplace protections and flexibility for expectant and new parents, among other priorities.
The changes, which go into effect Jan. 1, 2022, include the following:
- Nursing and lactating employees are required to receive paid break time to express milk at work. The change does not require current unpaid break time, such as a meal breaks, to be converted to paid break time.
- More employees now have a right to request and receive needed pregnancy accommodations in the workplace, such as more frequent restroom, food and water breaks, and limits to heavy lifting. This change will apply to employers with 15 or more employees.
The MN Department of Labor and Industry encourages workers and employers to review workplace rights and responsibilities under the Women’s Economic Security Act. Visit www.dli.mn.gov/newparents to review DLI resources for expectant and new parents or contact DLI’s Labor Standards at 651-284-5075 or dli.laborstandards@state.mn.us.
Click here for the Dept. of Labor and Industry’s complete release.
|
|
Photos from last week's AGC Golf Tournament
Thank you to everyone who played in and sponsored last Friday's annual golf tournament! With beautiful weather, this sold-out event was an excellent time of enjoying the company of our industry peers.
Congratulations to Sean McBride (USI), Tony Diehl (PWS, Inc.), James Dickey (PWS, Inc.), and Isiah Dilley (PWS, Inc.) on their winning team score of 56!
|
|
Survey from Federal Reserve
The Federal Reserve Bank of Minneapolis closely tracks the construction sector, a bellwether for the broader Ninth District economy, which includes Minnesota, the Dakotas, Montana, western Wisconsin, and Michigan’s Upper Peninsula. They are currently collecting feedback from firms in the construction sector via their regularly released survey. All responses are anonymous.
Please take this 5-minute survey to help the Minneapolis Fed and President Neel Kashkari better understand current business conditions in the industry and for your firm.
|
|
Drought Causes Suspension of Water Permits
Minnesota’s severe drought is forcing the DNR to suspend certain water permits. If you have a project in red on this map, then consumptive water usage either has been suspended or is being reviewed for suspension. Contact the local hydrologist listed on your permit or you can find the contact to your local hydrologist on AGC’s Drought Page. |
|
Know Your Options for Ownership Succession
It’s an intricate, dynamic situation when an owner retires from their construction company. With thoughtful planning, you can successfully address many of the complex challenges of transition. Get familiar with the options, and begin thinking about the resources and strategies you’ll need to collect the value you deserve for your company — and leave the legacy you earned. Learn more
By Mike Utz, Principal, CLA Minneapolis
|
|
Nominations Open for AGC Awards
On October 13, AGC will honor the recipients of our annual safety awards, the Skill, Responsibility & Integrity (SRI) Award, and the Lifetime Achievement Award!
Members are invited to nominate individuals for the SRI and Lifetime Achievement Awards here, and for the Jeff Jensen Memorial Construction Safety Excellence Award here.
|
|
DIVERSITY, EQUITY, AND INCLUSION NEWS |
|
NEXT WEEK: MnDOT Office of Civil Rights Public Hearings on Proposed DBE Goals
The Minnesota Department of Transportation invites public comment on the proposed statewide goals for Disadvantaged Business Enterprise participation in highway and transit contracts for federal fiscal years 2022‐2024.
The DBE program is an affirmative action program intended to level the playing field by providing contracting opportunities for small businesses that are owned and controlled by socially and economically disadvantaged individuals.
MnDOT is required by the Federal Highway Administration and Federal Transit Administration to set statewide goals for disadvantaged business participation in federally funded projects over the next three years.
Two virtual public hearings are scheduled on the following dates to discuss the goals and methodology and receive public comment:
- Aug. 17, 2021 (2-4 p.m.)
- Aug. 18, 2021 (9:30-11:30 a.m.)
The statewide goals and executive summary will be made available for public inspection Aug. 2 ‐ Sept. 2, 2021, from 8 a.m. to 4:30 p.m., at the Minnesota Department of Transportation, 395 John Ireland Blvd, St. Paul, Minn. and here. Public comments will be accepted until Sept. 2, 2021.
For Zoom links, contacts, and more information, visit the DBE Goals page. |
|
STP Fall Classes - Registration Open
Registration for fall Supervisory Training Program (STP) classes is now open! Click the links below for more information and to register.
September 29 - October 27
September 30 - October 28
|
|
Less Than a Month Until the 2021 Sporting Clays Fundraiser!
Spots are selling quickly, but there is still space for you on September 15 at Minnesota Horse & Hunt Club for our annual fundraiser! Funds raised are used for scholarships for students pursuing degrees in the construction industry.
Get all the details and register here. |
|
Thank you to our Title Sponsor,
RDO Equipment Co.!
|
|
First Annual Lean Day
Interested in deepening your understanding of Lean or looking to jump into Lean for the first time?
Join the LCI Minnesota Community of Practice for a day full of discussion and learning that will provide you with Lean tools that you can take with you and put to use right away on your project and in your market.
Thursday, September 23 | 8:00 am - 4:00 pm | St. Paul
|
|
AGC Awards Recognition Evening
Join us on October 13 at International Market Square, as we honor the recipients of our annual safety awards, the Skill, Responsibility & Integrity (SRI) Award, and the Lifetime Achievement Award!
|
|
Holiday Reception
Join us on December 7 at the Metropolitan Ballroom for our annual holiday reception!
|
|
The 2022 Minnesota Construction Summit is the industry event of the year, bringing together construction industry professionals for two days of inspiration, education, and networking!
More details on attending, exhibiting, and sponsoring here!
|
|
Your Trusted Resource
Associated General Contractors of Minnesota
525 Park Street, Suite 110 | St. Paul, MN 55103
651-632-8929
|
|
|
|
|
|
|
