CATS Bid #269-20160821002 South Blvd. North Grade Crossing Repair Pre-Bid Conference and Site Tour...

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

http://www.ips.state.nc.us/

www.RIDETRANSIT.org

Buy America Requirements

Buy AmericaRequirements

www.RIDETRANSIT.org


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

www.RIDETRANSIT.org


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).

www.RIDETRANSIT.org


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 [email protected]

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


www.RIDETRANSIT.org

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


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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


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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.


www.RIDETRANSIT.org

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


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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


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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


www.RIDETRANSIT.org

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


www.RIDETRANSIT.org

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


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)

http://www.wdol.gov/docs/sf1444.pdf



• 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.


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.


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.


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.


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 [email protected] .

Deductions Requiring USDOL Approval

mailto:[email protected]

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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

www.RIDETRANSIT.org

Arlanda [email protected]

704-432-2566

Terrence [email protected]

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.

CATS Bid #269-20160821002 South Blvd. North Grade Crossing Repair Pre-Bid Conference and Site Tour...

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Transcript of CATS Bid #269-20160821002 South Blvd. North Grade Crossing Repair Pre-Bid Conference and Site Tour...