Alert: Beware of fake messages pretending to be MnDOT, E-ZPass or tolling agencies. We don’t text or email for payment. Delete and don’t respond.

Minnesota Department of Transportation

511 Travel Info

State Aid for Local Transportation

E-Scene January 2025

Indecent proposals

By: Ron Dahlquist, State Aid Federal Aid Pre-Construction Coordinator and Rollin Larson, State Aid Construction Specialist (Districts 6-8)

No, not the 1993 film. A proposal in the context of this article is the document a bidder uses to offer to perform the work and furnish the labor and materials to complete a project.

Upon ongoing review of proposals (some may call them 'project manuals’) for many projects, there has been found common errors or misunderstanding of how the proposals, or at least certain parts of them, should be assembled.

Not using documents given by State Aid on federal jobs

It appears that the starting point for many indecent proposals has been the MnDOT Special Provisions web page which features the MnDOT trunk highway proposal sequence and boilerplate; the MnDOT special provision number can be found on most every section of the special provisions. The heading and first paragraph on the MnDOT special provisions webpage state twice that the provisions found there are for trunk highways. This is not where you should be starting! The starting point for special provisions for State Aid projects (SAPs) should be the State Aid Electronic Proposal Document Table. For federal aid projects (SPs) start with the DCP packet of documents that State Aid will provide and use the document table for reference. When we send a DCP packet of files for a particular federal project, use the documents we provide before attempting to use a MnDOT equivalent.

Not using State Aid electronic version, instead using the MnDOT version

The proposal preparer must remember that these are local agency (State Aid) projects and NOT MnDOT trunk highway projects. There can be significant differences in requirements by statute and otherwise between what is required in the specifications for local agencies and state agencies (MnDOT, DNR, MnSCU, etc.). This is why the State Aid Electronic Proposal Document Table was developed.

As you should probably know by now, State Aid projects are governed by their own rules, 8820 - MN Rules Chapter . By statute, the rules carry the force of law. There are other statutes that govern the difference between how local agencies (counties and cities) and state agencies like MnDOT must spend and account for their particular types of funds, as well as defining the differences between the many other various processes that exist. Because of these differences not everything that applies to a MnDOT trunk highway project will apply to a local project. So again, for specifications for a State Aid project, start with the document table. And when we send a DCP packet of files for a particular project, use the documents we provide before attempting to use a MnDOT equivalent.

Please also note that when certain sections in the MnDOT boilerplate are designated to be used on ‘all projects,’ that is intended to mean all trunk highway projects, not necessarily local projects. Extreme care must be exercised when attempting to make any of the 1XXX series of MnDOT boilerplate specs fit a State Aid project. Some of them just do not apply.

Common errors/oversights found in these projects (may or may not pertain to all). The State Aid document table version should be used for the following:

  • 1701.6 Equal Pay – The MnDOT provision does not apply in the same manner as the State Aid provision as we have provided in the document table. In general, for State Aid projects Minnesota Statute 363A.44 has a different dollar amount threshold and may apply only to projects using bond funding appropriated since January 1, 2022. Refer to the 'comments' in the table. This provision does not apply to most local agency projects.
  • 1701 Retainage – The document table has retainage for local projects covered in the document linked to Sequence 13a in the table.
  • Numerous sections – Some sections are tailored especially for local agencies. Use the document table version for many of those sections, including but not limited to: Tax Compliance; Protection of Bats; 1601 Source of Supply; 1717 NPDES Permit; 2041 OJT. Ensure that the table version language is included the sections for 1801, 1806, 1807, 2104, and any others as appropriate. It may be easiest to just use the document table version.
  • Review other sections that the MnDOT boilerplate says are required for all MnDOT trunk highway projects, but may not necessarily apply to local projects such as: partnering, 1701 Cultural Resources (doubt a local agency has a cultural resources unit), and any others. There are a number of these that just do not seem to apply to local agencies, or that would be covered by statute anyway. Using the State Aid electronic proposal table will direct you when these provisions are required (all projects, federal projects, etc.).
  • 12XX series – As the document table Comments note, these sections are highly variable among local agencies. Review to determine the most appropriate language.
  • 1910 Fuel Escalation – This is always optional on local projects.
  • Misc. – randomly found in numerous projects:
    • If there are no 2105 items do not include the 2105 provision from the boilerplate
    • For the 2020 specs 2360 local agency must be combined with 2360 from the boilerplate, as noted. This is available as a combined document in the document table.
    • 2104 Haul Salvaged Material is generally a non-participating item in local federal projects
    • Ensure all Notices to Bidders are current, especially those regarding debarment. See document table.
    • Ensure wage rates are current, they are revised often.
    • Do not forget to fill in the DBE goal wherever necessary.

Leave “Revised XX/XX/2024” date in headings of individual provisions

Do not delete the revision date if it is given in a particular special provision. Some provisions are updated more frquently than others and the revision date could be important to a prospective bidder, especially if the revision is substantial.

Using EJCDC documents

FHWA requires that we follow MnDOT specs. The MnDOT spec book governs. One thing definitely not allowed is the use of Engineer’s Joint Contract Document Committee (EJCDC) General Conditions and other ‘front end’ provisions. General Conditions, by definition, are specifications that address the 1000 series specs.

The State Aid Manual (Chapter 5.4 , VIII, J. Specifications) requires the use of the latest approved MnDOT Standard Specifications for Construction for state aid and federal aid projects for the basis of contract documents. This is to ensure contracts are compliant with state law and federal regulations. The use of any other standard specifications could jeopardize funding. The use of EJCDC Construction Series General Condition Specifications or any other specifications are not allowed on federal projects because they may not comply with the required language of the Code of Federal Regulations. The FHWA Minnesota Division has approved MnDOT Standard Specifications for Construction as the accepted standard specifications.
The MnDOT standard specifications do not necessarily address all underground and utility specifications that are needed on some projects, usually in urban setting, so usage of some EJCDC type specs are allowable. These should be limited to those that address the 2000 and 3000 series specifications only. Please do not attempt to use EJCDC General Conditions in the proposal. CEAM specifications for city utilities may be used where appropriate.

Questions

If you have any questions, please reach out to Ron Dahlquist at ron.dahlquist@state.mn.us, or 612-219-6840.