Post on 12-Jan-2016
CATS Bid #269-20160821002South Blvd. North Grade Crossing
RepairPre-Bid Conference and Site Tour
September 18, 2015
South Blvd North Grade Crossing Repair
Project Overview
•The project is to improve grade crossings at South Boulevard North, allowing better operation and maintenance to the rail line. The drainage at the grade crossing will be evaluated and improved as needed. The work is to be conducted according to the approved plans and specifications.
Contract Period – two (2) weekends forty-seven (47) hour line cuts each weekend
Estimate is $534,876.0010% DBE Goal
Key Dates and Times
BID OPENINGFriday, October 2, 2015, at 3:00ET
Charlotte-Mecklenburg Government Center Room 901
REQUESTS FOR INFORMATION/CLARIFICATION7 Days Prior to Bid
www.ips.state.nc.us/
• ADDENDUM DISTRIBUTION will be sent to pre-bid attendees and posted to the State IPS site http://www.ips.state.nc.us/
• And found on the E&PM site: http://charmeck.org.city/charlotte/emp/Services/Bids/Pages/default.aspx
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Buy America Requirements
Buy AmericaRequirements
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Buy America Requirements
U.S. Congress passed the law requiring theSecretary of Transportation not to obligateany funds authorized to be appropriated to
carry out the Surface TransportationAssistance Act of 1982 (96 Stat. 2097) or thistitle and administered by the Department of
Transportation, unless steel, iron, andmanufactured products used in such project
are produced in the United States
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Buy America Requirements
Buy America is a separate and distinctprogram from Buy American
Buy American applies to all federal direct procurements; it covers approximately
100 products and has completely different rules
Requirements are found in41 U.S.C. 10(a)-10(c).
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Buy America Requirements
Buy America ApplicabilityApplies to all FTA assisted projects
Includes local roads and highways, transportation enhancement projects,and non-highway construction when
funded by FTA grant money
Applies to manufactured productsSteel and iron requirements
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Buy America Compliance
What happens when BArequirements are not met?
Remove the foreign iron and steel products andreplace with domestic iron and steel products
FTA will not accept non-domestic items as donations
The entire project will be classified asnon-compliant and costs for the entire project
will become ineligible
Buy America Certification
• A Buy America Certificate of Compliance is required.
• DO NOT SIGN BOTH COMPLIANCE AND NON-COMPLIANCE
• Failure to properly submit Buy America Certificate or Bid Bond will render the bid non-responsive
Federal Applicability
• This is a federally funded contract:
Do not perform any act,Fail to perform any act,Refuse to comply with any City request,
Which will cause the City to be in violation of the FTA Terms and Conditions
No Government Obligation
• No Government Obligation to Third Parties
“The Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities pertaining to the contract”
Required Forms
ITIMIZED BID FORM BID BOND – 5% BUY AMERICA CERTIFICATION Non-Discrimination Certificate E-Verify No Conflict of Interest Certificate Debarment Certificate Debarment Certificate (subcontractor) Lobbying Certification Form A – Disadvantaged Business Enterprise
Program Form
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Contact Information
Any Additional Questions?
Phil Charneskiepcharneskie@charlottenc.gov
704-432-1121
DBE / Davis Bacon Compliance
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DBE / Davis Bacon Compliance
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Purpose of DBE Program
DBE Qualifications
Bid Requirements
Good Faith Efforts
Davis-Bacon Requirements
Disadvantaged Business Enterprise Program (DBE)
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Purpose of DBE Program
Ensures non-discrimination in the award and administration of federally-assisted contracts
Levels the playing field for small minorityfirms to compete for federally assistedaviation, highway, and transportation contracts
Disadvantaged Business Enterprise Program (DBE)
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DBE QualificationsDisadvantaged individual must own and control at least 51% of the businessNet worth must not exceed $1.32 millionBusiness can not exceed SBA size standards for small businessMajority owners must be US Citizens andpart of a protected class (i.e. Hispanic,woman, Native American, etc.)Past 3 years average annual sales can not exceed $22.41 million
Disadvantaged Business Enterprise Program (DBE)
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Certification Applicationwww.ncdot.org/business/ocs/dbe/
Call: 919-508-1948
Database to Confirm DBE Certificationhttps://partner.ncdot.gov/VendorDirectory/default.html
..with “DBE” in the vendor profile
Disadvantaged Business Enterprise Program (DBE)
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Bid Requirements
CATS Form A:Must be completed and signedInclude all subcontractors / suppliers which will participate on the project
- including DBEs and Non-DBEsAll DBE firms must be certified priorto bid opening date to count toward contract goal
-affidavits and assurances of submitted DBE applications cannot be considered. On listing in the NCDOT online database as a “DBE” at bid submission counts.
Disadvantaged Business Enterprise Program (DBE)
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Include total amount you intend to spend with each subcontractor
DBE’s vendors are the only commitments DBE supplier participation is 60% of contract
amount Properly describe work activities for all listed
firms Total bid amount must include “Contingency” DBE’s will be required to complete CATS Form D
to verify participation on project
Disadvantaged Business Enterprise Program (DBE)
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1st tier and 2nd tier Subcontractors
Include copies of Form A’s from subcontractors for maximum participation
Form A’s are required for each subcontractor tier level
Disadvantaged Business Enterprise Program (DBE)
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Vendor A: Non-DBE (1st tier sub) utilizesVendor B: DBE (2nd tier sub)
Vendor A must submit to prime contractor:
CATS Form A showing Vendor B as subcontractor
Vendor B must submit to Vendor A: CATS Form A showing work to be completed
Disadvantaged Business Enterprise Program (DBE)
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Good Faith Efforts (GFE)Should be submitted as part of the bid package if total DBE Participation onForm A is less than specified…
DBE goal of 10% for South Blvd. North Grade Crossing Repair Project
If DBE participation is verified to be less than the DBE goal, and no GFEs are submitted, a bidder will be found to be…
Nonresponsive
Disadvantaged Business Enterprise Program (DBE)
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Good Faith Efforts Examples ….Extensive & Intensive actions leaving impression of an intention to reach the goal.Soliciting interest from certified DBEs
Actions at pre-bid meeting Advertising the opportunity Following up with DBE firms to confirm interest or no interest in the project Written requests for quotes / actual quotes…including records of negotiations
(offer and counter offer) Participation in outreach meetings, minority contracting groups
Breaking up work into economically feasible units if it is too big for smaller firmsProviding plans to interested DBEsMaking efforts to assist DBEs in obtaining necessary equipment, supplies, materials, or related services
DOCUMENT ALL EFFORTS
Davis Bacon Compliance
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Davis Bacon
• Davis Bacon
• Mechanics & Workers
Davis Bacon Compliance
The Basics Review and Follow the “Heavy” Project Wage Rate Schedule (provided
with the solicitation in Project Manual/Final Contract) Provide copies to all subcontractors working on the project with an
instructions to follow it.
Missing rate: Submit a Conformance Request Form SF1444 www.wdol.gov/docs/sf1444
.pdf to CATS (if applicable) Supply the local Union Shop (Collective Bargaining)
agreement as these rates may become part of the schedule for areas not covered. i.e. if similar wage rates have been based on Union rates.
Certified Payrolls are created weekly for each laborer & mechanic who has worked on the construction site (project)
Wage Rates and Conformances should be posted (or made available) on site for employees to review in English and Spanish. (including bi-lingual minimum wage FLSA posters)
• Certified payroll records should be submitted for each worker on the project. No reports = payment withheld in part or whole.
Subcontractors are expected to submit payroll records via you to us. The prime is responsible for DBA compliance of subs.
Note: We do not recommend nor like to see 1099’s employees must be treated as employees not contractors …pay employment insurance and deduct taxes. The use is a possible IRS violation.
Expect City staff to conduct periodic random private interviews with workers onsite to determine what wage rates are being paid.
Davis Bacon Compliance
DBA: Creating & SubmittingOnce a trade works on a project, you must
furnish weekly reports on that employee until the last day you (the prime) work on the project
Each report must be signed and the original should in blue ink
Reports should be created weekly, uploaded into e-builder within 7 days and sent in hardcopies with pay applications.
Davis Bacon Compliance
DBA: Certified Payrolls cont.Employers are required to pay workers in full each
week, and To submit weekly payrolls to CATS/City showing
Employee name, ID number -last 4 digits of the SSN only. No addresses.
Full data is only for Prime and Subs Records.classification, hours worked, wage rate(s), straight-time and overtime compensation.
Davis Bacon Compliance
Paying DBA Wages and Benefits Wages may be paid by an hourly rate, piecework rate,
salary or a combination. BUT, the earnings each week must meet the minimum DBA
hourly wage rate for all covered hours Benefits must be provided via a bona fide fringe benefit
plan or cash equivalent, or combination Note: Overtime (excess of 40 hours) requires 1.5 time pay.
Shift work changes in rates do not reset the clock or forgive the 1.5 increase. They reset the regular rate based on the average of the different rates paid over 40 hour week.
Davis Bacon Compliance
Deductions from wages, other than taxes and authorized deductions by the USDOL,
may not be taken (possible violations of
Copeland Anti-Kickback Act)
Copeland “Anti-Kickback” Act Compliance
• Social security or Federal or state income tax• Withholding• Bona fide prepayment of wages• Court ordered payments (child support,
Garnishments)• Fringe benefits plans • Purchase of U.S. savings bonds• Repayment of loans/purchase shares in a credit
union
Allowable Deductions WithoutDOL Approval
• Deduction to pay regular union initiation fees and membership dues provided by a collective bargaining agreement (CBA)
• Authorized contribution to charitable organizations such as the Red Cross, United Way, etc.
• Deduction for “reasonable cost” of board, lodging, or other facilities meeting the requirements of section 3(m) of FLSA
• Deduction for safety equipment - if not prohibited by FLSA, or required by law for employer to furnish
Allowable Deductions WithoutDOL Approval
Deductions Requiring USDOL Approval
Everything ElseDOL may approve payroll deductions when:– Contractor makes no direct or indirect profit– Deduction is not prohibited by law– Deduction is voluntarily consented to in writing
before work begins, or deduction is provided for under CBA terms
– Deduction serves the convenience and interest of employee
Examples of Deductions needing approval:– Uniforms (Rental and Cleaning)– Truck (personal use)– Cell phones
Deduction request letters may now be submitted electronically. Simply scan a copy of the signed request and email your request to dbadeductions@dol.gov .
Deductions Requiring USDOL Approval
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What to Remember…?• Use only online confirmed NCDOT federally certified DBEs to meet the goal.
Utilization of other CBI, SWUC, SBA etc. certified firms is of no use
• Include the “Contingency” in the Form A Denominator (total bid amount)
• Make sure your efforts to meet the goal are intensive, extensive, and ongoing/long lasting until the goal is met or exceeded
• Keep records of all those efforts to meet the goal. Turn in your utilization and summary of efforts with copies of all documentation with your bid
• Prepare your staff and subcontractors to follow the wage schedule, use conformances, get permission for deductions, and to submit certified payrolls; by relaying the requirements and a copy of the schedule.
• ASK 1st, the DBE program is detailed….just doing something… will not suffice… ASK 1st
Contact Information
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Arlanda Rousearouse@charlottenc.gov
704-432-2566
Terrence Watsontewatson@charlottenc.gov
704-432-2554
Questions?
Thank You for your interest in this projectWhat is said in this meeting does not automatically become part of the contract. Any information or responses that require inclusion into the contract will be provided in the form of an addendum.