Each mandate can be different. If you perform direct work for the federal government, expect a change to your contract (or a term inserted in a new contract) requiring your workforce to be vaccinated with no option for testing. Be sure to include a reservation of rights to this clause and changes in guidance. The OSHA ETS mandate is different, applying to employers with 100 or more employees, and requiring vaccination but permitting employees to opt for a testing route. Although not clear, it looks like the employer would be responsible to pay for vaccination related expenses but not necessarily testing related expenses because the employee chooses to be tested.  

AGC America has provided great resources that you can find easily on our website:

The OSHA ETS was enjoined temporarily by the Fifth Circuit and has not been released yet by Minnesota OSHA. Some are wondering if it makes sense to begin the large expense and daunting difficulty of complying. This question quickly turns into a back-and-forth assessment of whether the ETS will take effect, when, and will there be enough time to comply? There are minimums that we think should be done now that would be compelled by the ETS such as drafting a company policy, appointing and training staff to run and administer the ETS (including becoming aware of confidentiality and interactive process requirements), and deciding whether to centralize accommodation requests.  

The NLRB General Counsel’s Office issued an opinion that signatory employers have a duty to bargain with unions over a vaccination mandate. Although the opinion is not a binding legal authority, AGC’s Labor Cabinet has asked the trades to discuss the COVID vaccine mandates. If you are signatory, please watch for updates and contact Mike if you have any questions.

Brian Perlberg with AGC America and ConsensusDocs spoke to the Minnesota State Bar Association about contractual ways to deal with recent price escalations and supply delays. A copy of his presentation is available to members here.

AGC’s Form Contracts Committee began meeting to review our form contracts for items that should be updated or clarified, and looking at a new contract for prefabricated / modular construction. If you are interested in participating, contact Mike.

As you’ve heard by now, the bipartisan infrastructure legislation passed last week, and expected to be signed on Monday, will deliver generational investments in roads, bridges, and public transportation over the next five years.

Passage of the historic bill is the culmination of many months of engaged activism involving multiple coalition and individual industry member efforts. We especially want to thank the professional support of our AGC of America and American Road and Transportation Builders (ARTBA) partners at the national level. Their tireless and connective efforts to engage the grass roots transportation businesses in Minnesota was essential to gaining the support needed to assure passage of this historic legislation.   

Thank YOU to all of our AGC member contractors who contacted their representatives, especially at critical points in the discussion. AGC issued a full statement on Monday to members and the public.

Highways: $4.5 billion for federal-aid highway programs

Public transportation: $818 million

Water Infrastructure: $680 million over five years

Bridges: $302 million for bridge replacement and repairs

Broadband internet: $100 million

Wildfire protection: $20 million

Cybersecurity: $17 million

Unfortunately, there has been a campaign of misinformation about the contents of the bill. To set the record straight during House consideration of the bill, AGC of America developed a “Myths vs. Facts” document that can be read HERE. They also created a document that summarizes the contents of the measure HERE.

ARTBA also has a breakdown of the overall economic impact.

The new bipartisan infrastructure bill provides US Department of Transportation and the Federal Highway Administration authority over how transportation money will be spent. The transportation funds are allocated via a traditional formula to states. While exact numbers are being determined, matching dollars are expected to be around 20%. Competitive grant programs were also funded in the bill, which means the USDOT will have a big say in what state and local governments get from those programs.

The Minnesota Construction Industry and our engineering, design and skilled labor partners stand ready to efficiently deliver the projects funded by this legislation. AGC is voicing support now and throughout the 2022 MN Legislative Session to ensure the State leverages every federal dollar by allocating the necessary matching funds and keeping infrastructure a priority. Session begins on January 31. It is also the year AGC and many groups will be pushing for a sizable bonding bill. Legislators have been traveling around the state touring potential projects and will continue through next week.

The impact of the federal bill is inextricably linked to success of program delivery. AGC will be in touch with opportunities for members to engage and learn more about fund distribution and both federal and state agency plans.

Email Laura Ziegler, Director of Highway/Heavy and Government Affairs for the Zoom link(s). For the technical committees, please contact Laura with agenda items.

2021 AGC Business Meeting and Holiday Reception

Join us on December 7 at the 2021 AGC Holiday Reception at the Metropolitan Ballroom and Clubroom! This annual event is our chance to celebrate another wonderful year with our peers in the commercial construction industry. Register here for the holiday reception, and come a half hour early to participate in the annual business meeting!

Notice is given to the voting members of Associated General Contractors of Minnesota, a Minnesota cooperative organization (the "Association"), that the December 2021 annual meeting of the voting members will be held at the Metropolitan Ballroom and Clubhouse (5418 Wayzata Blvd, Golden Valley, MN 55416), at 4:00 pm on Tuesday, December 7, 2021, for the following purposes:

When you come to the holiday reception, bring an unwrapped toy to donate to Toys for Tots! Everyone who donates will be entered into a drawing for a $100 American Express gift card.

This survey is administered on a confidential basis by PAS (nationally recognized construction industry compensation analysts) as a service to AGC of Minnesota specialty and general contractor members. The survey is entirely between the contractor and PAS. Complete confidentiality is guaranteed. Only one survey should be submitted per firm, so please coordinate this within your team.

AGC members - contact Renee for the survey link!

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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. 

Please take this 5-minute survey to help the Minneapolis Fed and Bank President Neel Kashkari better understand current business conditions at your firm, and across the industry more broadly.

All responses are anonymous. To maintain anonymity, please do not include any self-identifying information in comments. If you receive a survey alert from multiple partners, please only respond to the survey once.

Your input is greatly valued, and Minneapolis Fed appreciates your time and insights on these important matters.

Check out the media kit

or contact Jennifer to create partnership customized to your needs.