INDO DOT EOD D Hauling Refresher Febr ebruary 201 2018 Pur - - PowerPoint PPT Presentation

INDO DOT EOD D Hauling Refresher

Febr ebruary 201 2018

Pur urpose: se: To di

discuss c cur urrent i in-the he-field pr practic ices r regardi ding ng t truc uckin ing ( (DBE a and nd no non-DBE) and nd pr provide ide c clarif ificatio ion over r requ quirements f for pr prime c contractors and nd subc ubcontractors.

Why hy N Now?

Several r recent situa uatio ions ha have c come to light tha hat trucking m matters are be being ng ha handl ndled i in n di different w ways i in n di different di distric

• icts. Thi

his is an n oppo pportunity t to come t together, ha have di discus ussio ion and nd bui build d cons nsensus a and nd common unde understandin ding g going ng f forward.

Lea ease A se Agr gree eements

• Who

ho do do w we collect the hem f from? Everyone, w with o

• ne

ne exceptio

• ion. (Prim

imary ha haul uler i is a no non-DB DBE)

• Remem

ember er- ha haul ulers a are exclude ded from pr prequ qualif ificatio ion n so no no do dollar thr hreshold i ld issue ues e exist.

• Who

ho at INDOT i is colle lecting leases cur urrently ly?

• Whe

hen s n sho houl uld I INDOT c collect the hem? Prio ior t to anyone ne c coming ing o

• nto t

the he job s b site. Easiest to colle lect at the he pr pre-constructio ion c n conference if po possib ible. .

• Will INDOT a

accept an n annua nnual l lease a agreement f for ha haul uling ng? Yes- inc nclud ude the he job num b number a and nd do dollar a amoun unt at the he top p of t the he copy of t the he a annua nnual a l agreement.

• IND

NDOT d does n not provi vide a e an “approved ed form” f for l leases es.

• Do l

leases ne need t d to be be ph physically lly c carrie ied d in n each t truck? No, but but t the hey a are subj ubject t to r requ quest a at anytime.

• What is

is required o

• f the main haule

ler? D Does it it matter if if they a are a DBE or not?

• What is

is required of t the s supple lemental f fleet? Does i it matter i if they are a a DBE or n not?

DBE’s Own Trucks DBE Lessee Trucks Non- DBE Lessee Trucks* Fee or Commission

• f non-DBE

Lessee Proper DBE Credit

All c calculatio ions are completed B BY A ACTUAL D DOLLAR R AMOUNT, no not by the he num numbe ber of t trucks. *No Non-DBE L Les essee ee Trucks C Cannot Exceed t the e total D Dollar V Value o e of the e total D DBE f flee eet to be be coun unted f d for D DBE C Credit.

100% Credit 100% Credit Match $ for $ up to the amount for DBE Spend

DBE H Hauling C Credit-What Counts? s?

Commercially Usefu ful Fu Functi tion Monitoring

• DBE pa

partic icipatio ion n on n a cont ntract w will onl nly be be coun unted toward a cont ntract goal l if t the he DBE i is pe performing ing a a commercia ially ly us useful ul func unctio ion.

• A DBE pe

performs a a commerciall lly us useful ul f func unctio ion whe hen it is responsible ible for execution o

• f the

he work o

• f t

the he contract and nd is carrying ing out ut i its responsibi ibili lities b by actually pe performing, mana nagin ing, and nd supe upervising t the he w work.

• To e

ens nsur ure t tha hat a DBE i is pe performing ng a commercia ially ly us useful func unction o

• n a

n a contract, I INDOT evaluates t the he D DBEs pe performanc nce on n the he pr

• project. T

Thi his t typi picall lly ent ntails ls watching t the he a actual work taking ing pl place, i int ntervie iewing ing e emplo ployees, v verif ifying ing equi quipment, i ins nspe pecting de delivery t tickets and lea ease a e agreements, et etc.

• Delivery t

tic ickets M MUST i inclu lude truckin ing f firm n name on EACH t tic icket f for material l deli livered by a a DBE BE

• If

If for w whatever reason i it is determin ined t that a DBE i is not performing a commerciall lly useful l func unction, t the hen n the he amount nt of DBE c credit a a pr prim ime cont ntractor i is awarded m d may be be redu duced d according dingly ly.

Changes i in DBE U E Utilization

A pri rime co contractor: r:

• Contractor may not ter

erminate e a DBE or redu duce e its s commitment to a DBE listed ed on the he Affirm rmative Act ction C Cert rtification w without I IND NDOT’s pri rior w r written co consent.

• INDO

DOT w will onl nly p provi vide de written en consen nsent i if t ther here i e is “good cause” e” t to d do so.

• Co

Contractor m must gi give w written n noti tice to to the a affected D DBE ( BE (with copy to to INDOT) o

• f its

ts i intent to to reque uest a a termina nation o n or reduc uction a n and the r reason( n(s) f for the reque uest.

• Contractor m

must i inf nform t the he affec ected ed DBE tha hat i it has f s five e (5) days s to respo spond to its written en notice e wit ith or

• r w

wit ithout ob

• bjection.
• If consent

t is provided, c contr tractor must m t make “ “go good faith th efforts ts” ” at f finding a g anoth ther D DBE t to p perform at least t the s he same e amount o

• f work und

nder er t the c he contract as the D he DBE t tha hat w was ter erminated ed o

• r had its

s com

• mmit

itment r red educed, t to t

• the e

extent n nee eeded to m mee eet t the contract g goa

• al.

l.

• If conse

nsent is not p provi vided ed, t the c he contractor w will not b be e entitled ed to a any p paymen ent f for work o

• r mater

erial unl nles ess s it i is p performed d or s supp pplied ed by by t the he listed D DBE.

Requi quirements

Failure by the prime contractor to meet these requirements is a material breach of contract and may result in administrative sanctions.

Changes i in DBE U E Utilization ( (Cont.)

Potential Good Cause Considerations As Defined in 49 CFR § 26.53

• DBE

BE fails or r refus uses to execut ute a a written c n contract

• DBE f

fails o

• r refuses t

to per erform the e work o

• f its subcontract
• DBE f

fails o

• r refuses

es t to meet et t the prime e contractor’s r reasonable e no nondis ndiscrim iminatory bo bond r nd requ quir irements

• DBE v

volun untarily ily withdraws from pr project w with w h writ itten no n notice

• DBE i

ine neligible t to receiv ive D DBE credit dit for type pe o

• f work r

requ quir ired

• DBE o
• wne

ner be becomes di disabl bled o d or de deceased with result ult of un unfinis nished D d DBE commit itment

• DBE is determined

d by by INDOT t to b be irrespo ponsibl ble

• Other

er d documen ented ed “ “good cause” e” Link to the Change in Utilization Form: http://bit.ly/2ErRZ34

Prompt Payment Prompt Payment

INDOT Pays Prime Prime Must Pay Subcontractor 10 DAYS

• INDOT E

EOD staff c conduc ducts r rando ndom a audits to insur ure c compl plianc nce.

• Primes

es are n e not required ed t to pay w when invoices es are g e gener erated ed b but some may o

• ut

ut may due due to awarene ness o

• f cha

hallenges s small l busines esses es face. e.

• If y

you u ha have que questio ions a abo bout t timing ng of pa payment reach o

• ut

ut to the he pr prime first, the hen t n to y your local E l EEO i if unr unresolved.

Certified ed Payrol

• lls f

for

• r Ha

Hauler ers

• Is

Is the h haul t takin ing p pla lace “on the site o

• f w

work”?

• “Site of w

work” is is defin ined under 2 29 CFR 5.2 ( (j) (2) a as:

The term site of the work is defined as follows: (1) The site of the work is the physical place or places where the building or work called for in the contract will remain; and any other site where a significant portion of the building or work is constructed, provided that such site is established specifically for the performance of the contract or project; (2) Except as provided in paragraph (l)(3) of this section, job headquarters, tool yards, batch plants, borrow pits, etc., are part of the site

• f the work, provided they are dedicated exclusively, or nearly so, to performance of the contract or project, and provided they are

adjacent or virtually adjacent to the site of the work as defined in paragraph (l)(1) of this section; (3) Not included in the site of the work are permanent home offices, branch plant establishments, fabrication plants, tool yards, etc., of a contractor or subcontractor whose location and continuance in operation are determined wholly without regard to a particular Federal or federally assisted contract or project. In addition, fabrication plants, batch plants, borrow pits, job headquarters, tool yards, etc., of a commercial or material supplier, which are established by a supplier of materials for the project before opening of bids and not on the site of the work as stated in paragraph (l)(1) of this section, are not included in the site of the work. Such permanent, previously established facilities are not part of the site of the work, even where the operations for a period of time may be dedicated exclusively, or nearly so, to the performance of a contract.

Handy Tip: INDOT EOD defines “adjacent” to the site of work as ¼ mile.

Certi tified Payrolls (Cont’d) )

• If ha

haul uling ( (materia ials or s suppl upplie ies) do does NOT OT take pl place on n the he “ “site of w work” the hen N n NO c certifie ied pa payrolls ls a are r requ quir ired f from A ANY ha haul uler.

Site of Work

Certified Payroll C Content (Cont’d) )

Type of Hauler Working “On the Site” Wage Rate Required Hours Worked Required Notation Required DBE Primary Hauler Yes Yes No Supplemental Fleet (DBE

• r non-DBE)

Yes, must submit OWN payroll to majority hauler Yes No Owner/Operator Driving Own Truck No No Yes- Owner/Operator and Name ONLY can appear

• n primary hauler’s

payroll Owner/Operator Driving Another Firm’s Truck or An Employee Driving Owner/Operator Trucks Yes Yes No

EOD and Hauling At a Glance

Primary Hauler Is A DBE Listed

• n AAC

(Race Conscious) Primary Hauler Is A DBE Not Listed on AAC (Race Neutral) DBE Hauler Is Supplemental Fleet Non-DBE Hauler Is Supplemental Fleet Non-DBE Is Primary Hauler

EEO Obtains Lease [Spec 103.01 (h)]

YES YES YES YES NO

Engineer Obtains Lease [Spec 103.01(h) or 108.12]

YES YES YES YES YES

Site Manager Entry Required

YES YES NO NO NO

Contract Specific Lease Needed (Can Be Annual Plus Project Number)

YES YES NO NO NO

Lease Includes Exclusivity Clause [Spec 103.01(h)]

YES YES YES YES NO

Dollar Amount Needed on Lease (Can Be Annual Plus Contract and Dollar)

YES YES NO NO NO

Modified Signage Required

NO NO YES YES NO

EEO Can Recommend Holding Estimate To PE/S

YES YES YES YES NO

Additi tional I Informati tion

• Spe

pec B Book 1 108.12 any do documents (inc ncluding l leases) can n be be reque uested d at any t time;

• Haule

ulers ne need d to be be e e-ver erified ed;

• No ha

haul ulers ne need t d to i ide dentif ify a an n EEO on t n the he bul bulletin in bo board.

• Trucking R

Repo ports are no no long nger r requir

• ired. The

he r requ quir ired f form no now i is the he ha haul uling ng affidavit whi hich i h is filled d out ut by the he pa partie ies dur during ing t the he DBE-3 c close e out p proces ess.

Time for Q r Questions and C Contacts

Start L Local! Seek EEO’s out ut f for pr processing ing cha hang nges in n ut utilization, C CUF i issue ues, a and D nd Davis B Bacon complia iance que questions. . Select t the he relevant D District EEO ba based d on n the he job l b locatio ion. .

Dell Ballard EEO Officer-Seymour District Indiana Department of Transportation 185 Agrico Lane Seymour, IN 47274 812-524-3730 dballard@indot.in.gov Kent Borggren EEO Officer-LaPorte District Indiana Department of Transportation 315 E. Boyd Blvd. LaPorte, IN 46350 219-325-7548 kborggren@indot.in.gov Jennifer Hicks EEO Officer - Crawfordsville District Indiana Department of Transportation 41 West 300 North Crawfordsville, IN 47933 765-361-5260 jhicks2@indot.in.gov Carla Irvin EEO Officer-Vincennes District Indiana Department of Transportation 3650 US Highway 41 S. Vincennes, IN 47591 812-895-7356 cirvin@indot.in.gov Diane Keefer EEO Officer - Fort Wayne District Indiana Department of Transportation 5333 Hatfield Rd Fort Wayne, IN. 46808 260-969-8210 dkeefer@indot.in.gov Sarah Reese EEO Officer - Greenfield District Indiana Department of Transportation 32 South Broadway Greenfield, IN. 46140 317-467-3453 Sreese@indot.in.gov