New Mexico Department of Transportation

Construction and Civil Rights Bureau (CCRB)

Federal Requirements NTC Training

Federal Requirements NTC Training

The NMDOT Construction Civil Rights Bureau’s (CCRB) goal is to provide the resources necessary to ensure the quality of construction projects by improving decisions made in the field, making information available for training and to maintain statewide consistency. The highway construction program is ever changing and it is imperative that relevant, up to date resources are available for the stakeholders involved in the construction process. Sally Reeves, P.E. Acting - State Construction Engineer, ADA Statewide Coordinator

NTC – CCRB Training

Agenda:

Title VI DBE Subcontractor Prompt Payment Form 1273 EEO OJT Wage Rates Labor Reporting and Submission of Weekly Payrolls

Title VI

Damian Segura, Title VI

Coodinator/DBE Liaison

NMDOT – Construction and Civil Rights Bureau

Title VI of the Civil Rights Act of 1964

“No person in the United States shall, on the ground

of race, color, or national origin, be excluded from

participation in, be denied the benefits of, or be

subjected to discrimination under any program or

activity receiving Federal financial assistance.”

(Pub. L. 88-352, Title VI, § 601, July 2,

1964, 78 Stat. 252.)

Title VI Assurances • Title VI expectations and compliance is

explained further in Appendix A and Appendix E of the contract. o Appendix A

• Compliance with Regulation

• Assurance of Non-Discrimination

• Solicitation of Subcontracts (Including Procurement of Materials and Equipment)

• Information and Report

• Sanctions of Noncompliance

• Incorporation of Provisions

o Appendix E

• Describes nondiscrimination authorities

DBE – Program

Renee Roybal

NMDOT – Construction and Civil Rights Bureau

Disadvantaged Business Enterprise Program (DBE)

• The Disadvantaged Business Enterprise Program (DBE) is a legislatively mandated USDOT program that applies to Federal-aid highway dollars expended on federally-assisted contracts issued by USDOT recipients such as State Transportation Agencies (STAs).

• The program ensures that all DBE’s have an opportunity to work on Highway Construction Projects

• All projects are measured through Race Neutral or Race Conscious means.

Disadvantaged Business Enterprise

Race Neutral - 0% DBE Goal

• Project specific goals have temporarily been set to zero on ALL projects due to the overall increased DBE utilization.

• NMDOT’s overall DBE Goal will be met through race-neutral measures.

• All projects, regardless of value, require concurrence from CCRB for DBE Goal determination.

o Region must receive email from CCRB staff regarding goal for documentation purposes before advertising

Disadvantaged Business Enterprise

Race Conscious • Projects listed in the Advertisement with a DBE

Goal are subject to race-conscious measures.

• When a DBE goal has been established on a contract, the contract must be awarded only to a bidder who has met the goal or makes good faith efforts to meet it.

• The following forms are required in order for the bid to be considered responsive: o DBE Goal Form A-585; and

o NTC DBE Bidders List of Quoters

o DBE’s Confirmation Form A-644

New Mexico Department of Transportation (“NMDOT”)

Disadvantaged Business Enterprise (“DBE”) Goal Form A-585

Good Faith Efforts

for ALL Bidders

• If the contract goal is not met, the documentation of good faith efforts must include the following:

o The bidder’s copies of each DBE and non-DBE subcontractor quote,

o The bidders solicitation of the interest of DBE’s and follow up documentation,

o The Bidder’s selection of portions of the work to be performed by the DBE’s in order to increase the likeliness that the DBE Goal will be achieved,

o The Bidder’s negotiations in good faith with interested DBE’s and to ensure that work is made available to DBE’s,

o The bidder’s rejection of DBE’s as being unqualified; cannot be done without good reason.

• The bidder must present the information no later than 7 days after bid opening to (505) 476-0910 or 1570 Pacheco Street, Bldg. A, Santa Fe, New Mexico 87505

Commercially Useful

Function (CUF)

Art Gottlieb NMDOT – CR/EEO Construction Bureau

13

CUF (Definition) A DBE subcontractor (any Tier) performs a

Commercially Useful Function when: It is responsible for the execution of the work of the

contract;

Carries out its responsibilities by actually performing, managing, and supervising the work involved.

To perform the CUF, the DBE must also be responsible with respect to Materials & Supplies used;

• Negotiating price, determining quantity & quality, ordering, and installing, and paying the Material itself.

14

CUF A DBE does not perform a CUF if:

Its role is limited to that of An extra participant in a transaction; A contract, or A project through which funds are passed to obtain the

appearance of DBE participation; The DBE Contractor/Subcontractor (any tier) or Supplier

does not exercise responsibility for at least 30% of the total cost of it’s contract with it’s own forces;

When a DBE is presumed not to be performing a CUF, the DBE may present evidence in rebut.

15

CUF (Insuring Compliance)

How does the Department or the Local Public Agency (LPA) ensure that the DBE is fulfilling its contractual obligations? Routine Daily Monitoring (Daily Documentation)

Inspectors should note in their Daily Work Reports the work performed by DBEs: Identify the DBE subcontractor; Type of work being performed; Who did the work (individual names); Equipment used (including ownership of the equipment); Who does the foreman work for;

If the inspector has reason to believe that the DBE is not performing a CUF, he must document his concerns, and report it to the PM immediately for further investigation.

16

CUF (Frequency)

At least once during the course of construction the PM must ensure that a formal CUF is completed on each DBE (regardless of Tier) and placed in the project file. • Only DBE Subcontractors are required to have a formal

CUF review; • If a supplier is a DBE, a CUF must also be completed; • Office managers (OM) should complete Part A of

Department Form A-1239 at the beginning of the project on each DBE.

• If the inspector has reason to believe that the DBE is not performing a CUF, he must document his concerns, and report it to the PM immediately for further investigation.

17

Process For CUF Review

18

The PM will

assess if it is

time for a

formal CUF

review.

DBE at peak

activity

Inspector

conducts

CUF review

on DBE

Inspector

submits A-

1239 PM for

review and

approval

PM

determines if

DBE

performing a

CUF

PM notifies

CCRB, District

Audit, & Prime

Contractor

regarding issue

with CUF

DBE is not at

max effort.

NO

Inspector

Completes A-

1239

Yes

CUF Review A-

1239 placed in

File and

B2GNow

CCRB

makes

final

determinati

on on CUF

CUF Looking Ahead:

oNMDOT and LPAs can expect increased oversight by FHWA;

oExpect enforcement of existing rules/regulations;

oAssume that FHWA will conduct follow up reviews in all areas of the DBE program and specifically CUFs.

19

DBE Requirements

Damian Segura, DBE Liaison

NMDOT – Construction and Civil Rights Bureau

DBE Trucking • The DBE must be responsible for the management and

supervision of the entire trucking operation

• The DBE must itself own and operate at least one fully licensed, insured, and operational truck used on the Contract.

• DBE Trucking credit

• Leasing trucks as a DBE trucking firm

• Owner-Operators

• Leasing - A lease must indicate that the DBE has exclusive use of and control over the truck

DBE Supplying Materials • Materials or supplies obtained from a DBE manufacturer

-100 % of the cost of the Materials or supplies count toward the DBE goal.

• Materials or supplies purchased from a DBE regular dealer - 60 % of the cost of the Materials or supplies count toward DBE goal.

• Materials or supplies purchased from a DBE which is neither a manufacturer nor a regular dealer - the entire amount of fees and commissions charged for assistance in the procurement of the Materials and supplies, or fees or transportation charges for the delivery of Materials and supplies required on a job site count toward DBE goal.

DBE-Replace, Substitute, Terminate

• Projects with DBE goals must follow process detailed in Notice to Contractors

• FHWA enforces the committed amount on subcontracts to DBE firms. o Detail and Itemize work items on Form A-585 o Document contract changes

• Process for replacing a DBE subcontractor. o Must follow process (ask for permission not forgiveness) o Alert Project Office o DBE must be replaces due to one of the reasons described

in Notice to Contractors

Example

DBE – Good Faith Efforts, Enforcement

• Good Faith Efforts required when project will fall short of DBE goal o Must effort replacing DBE with another DBE that performs

same work o Attempt to identify and designate additional work to DBE

firm o Document and submit efforts to Project Office

• DBE Program Enforcement o Notice to Contractors – Contractor shall not be entitled to

any payment for work or materials used unless it is performed or supplied by the listed DBE.

• NMDOT views a termination as when a contractor takes away and performs committed work.

Subcontractor Prompt Payment

• Prompt Payment provision protects all Subcontractors.

o DBE’s and non-DBE

• Full payment of NMDOT accepted work must be paid to subcontractors within 7 days of receipt of Progress Payment from NMDOT.

• Prime Contractor must communicate with Project Office if they do not pay, or intend to pay outside the 7 days of requirement. Must also notify subcontractor.

• Subcontractors must enter “NO” in B2GNow to indicate they were not paid timely . “N/A” is NOT a valid option.

Subcontractor Prompt Payment

• Prompt Payment Investigation o Prime Contractor must demonstrate payment was indeed on

time.

1. Proof of the timely deposit of funds into the Subcontractor, Supplier and/or Fabricator bank account;

2. Proof of timely hand delivery of payment to the Subcontractor, Supplier and/or Fabricator; or

3. Proof of timely mailing payment to the Subcontractor, Supplier and or Fabricator.

o Good Cause for delaying payment (examples)

1. Claim concerning the subcontractor’s or supplier’s work.

2. Failure to provide certified payrolls.

3. Failure to provide required project documentation

Retainage & Cross Project Offsets

• The NMDOT will require Contractors to pay all retainage owed to the Subcontractor, Supplier or Fabricator within 30 Days of the Progress Payment indicating Acceptance of the completed Subcontract Work, even if the NMDOT continues to withhold retainage from the Contractor.

• NMDOT will not recognize cross-Project offsets as "good cause" excusing untimely payment for Accepted Work.

•10- 15 Minutes

NONDISCRIMINATION (FHWA-1273, Section II -- Revised May 1, 2012)

Art Gottlieb NMDOT – CR/EEO Construction Bureau

FHWA 1273 SECTION I (General):

• FHWA-1273 must be physically incorporated in each construction contract funded under Title 23.

o Prime Contractor’s Contract

o Subcontractor Contract (All Tier Levels)

• The prime contractor shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider.

NONDISCRIMINATION SECTION II (Nondiscrimination):

• The provisions of this section

• Applicable to all Federal – Aid funded construction contracts;

• All contractors and subcontractors must comply with the listed policies, e.g. Executive Order 11246, etc.;

• US DOL has exclusive authority to determine compliance with E.O. 11246 and policies of the Secretary, USDOL.

NONDISCRIMINATION • SECTION II.1

(Equal Employment Opportunity (EEO): EEO requirements not to discriminate and to take affirmative action to assure an equal opportunity as set forth under laws, executive orders, rules, regulations and orders of the Secretary, USDOL. o The Contractor will work with the Contracting

Agency (NMDOT) and the Federal Government to ensure that it has made a good faith effort to provide an equal opportunity.

NONDISCRIMINATION • SECTION II.1(EEO Continued):

o The contractor will accept as its operating policy the following statement:

• "It is the policy of this Company to assure that applicants

are employed, and that employees are treated during

employment, without regard to their race, religion, sex,

sexual orientation, gender identity, color, national origin,

age or disability. Such action shall include: employment,

upgrading, demotion, or transfer; recruitment or

recruitment advertising; layoff or termination; rates of

pay or other forms of compensation; and selection for

training, including apprenticeship, pre-apprenticeship,

and/or on-the-job training."

NONDISCRIMINATION • SECTION II.2 (EEO Officer):

o The Contractor will designate in writing an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active EEO program. The EEO Officer must be assigned adequate authority and responsibility to manage the program.

NONDISCRIMINATION

• SECTION II.3 (Dissemination of Policy): oAll members of the contractor's staff who are

authorized to hire, supervise, promote, and discharge employees will:

• Be made fully cognizant of the Contractor’s EEO Policy;

• The EEO Officer will conduct EEO briefings for supervisory and personnel office employees prior to the start of work & not less often than once every six months;

NONDISCRIMINATION

• SECTION II.3 (Dissemination of Policy)(Continued):

• New supervisory or personnel office employees will receive a thorough briefing from the EEO Officer within 30 days of hire;

• Personnel who are involved in the direct recruitment for a project will be instructed by the EEO Officer;

• Contractor must maintain a Bulletin Board; • Company EEO policy and procedures will be

brought to the attention of employees by means of meetings, handbooks, etc.

NONDISCRIMINATION • SECTION II.4 (Recruitment):

o The contractor will conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minorities and women (unless precluded by a valid bargaining agreement). • The contractor must identify sources of potential minority

group and women employees;

• The contractor will encourage its present employees to refer minorities and women as applicants;

• The contractor will include in all advertisements for

employees the notation: "An Equal Opportunity Employer."

NONDISCRIMINATION

• SECTION II.5 (Personnel Actions):

• Contractor must be vigilant for and implement processes to detect:

o Discriminatory practices at the project site;

o Discriminatory practices with wages within each classification;

o Review selected personnel actions in depth for discriminatory practices;

o Have a process in place to investigate allegations of discrimination.

NONDISCRIMINATION

• SECTION II.6 (Training and Promotions):

o The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each;

o The contractor periodically reviews the training and promotion potential of employees who are minorities and women and will encourage eligible employees to apply.

NONDISCRIMINATION

• SECTION II.7 (Unions):

o If your company has a Union Shop please review this section In FHWA 1273

o If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women;

o In the event that the union is unable meet the contractor’s needs, the contractor through independent recruitment efforts, fill the employment vacancies without regard to race, religion, sex, sexual orientation, gender identity, color, national origin, age or disability; making full efforts to obtain qualified and/or qualifiable minorities and women. In the event that the union is unable to meet their obligations the contractor must immediately inform the contracting agency.

NONDISCRIMINATION

• SECTION II.8 (Reasonable Accommodations for Applicants/Employees with Disabilities): o The contractor must be familiar with the

requirements for, and comply with the Americans with Disabilities Act (ADA), and all rules and regulations established there under.

o Employers must provide reasonable accommodation in all employment activities unless to do so would cause an undue hardship.

NONDISCRIMINATION • SECTION II.9 (Selection of

Subcontractors, Procurement of Materials and Leasing of Equipment): o The contractor shall not discriminate in the selection

and retention of subcontractors, including procurement of materials and leases of equipment.

o The contractor shall notify all potential subcontractors, suppliers, and lessors of their EEO obligations under the contract.

o The contractor will use a good faith effort to ensure subcontractor compliance with their EEO obligations.

NONDISCRIMINATION

• SECTION II.10 (Assurance Required): o Contractors and subcontractors shall not discriminate on

the basis race, religion, sex, sexual orientation, gender identity, color, national origin, age or disability;

o Must carry out all applicable requirements of 49 CFR Part 26 in the award and administration of Federal Aid the contract.

o Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the contracting agency (NMDOT) deems appropriate.

NONDISCRIMINATION • SECTION II.11 (Records and Reports):

o Please follow the “Record Keeping Requirements” found in the Notice to Contractors, (Subcontractors & Suppliers) page 10.

• The contractor shall keep such records as necessary to ensure compliance with Standard Specification Section 107.28;

• The contractor shall keep such records as necessary to document compliance with the EEO requirements.

o The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project (Form FHWA 1391) indicating the number of minority, women, and non-minority group employees currently engaged in each work classification required by the contract work.

Davis-Bacon Related Acts

Renee Roybal

NMDOT – Construction and Civil Rights Bureau

Davis-Bacon Related Acts Provision

• Contractors and subcontractors must pay their laborers and mechanics no less than the established prevailing wages and fringe benefits

• Professional Services o Classifications that do not fall under DBA are not entered in LCPtracker

o Does not require affadavit of wages paid

• Minimum Wages will be paid unconditionally and not less than once weekly

• Payrolls & Basic Records shall be maintained for a period of 3 years for all Laborers & Mechanics.

• Statement of Compliance shall accompany each payroll and will be electronically signed in LCPtracker by the company designee.

Contract Work Hours • Overtime requirements

o Laborers or Mechanics working in excess of 40 hours in one workweek must receive compensation at one-half times the basic rate of pay

• Violation o In the event of any violation of the overtime requirements, the contractor or

subcontractor will be responsible for any unpaid wages. The contractor and subcontractor will also be responsible for liquidated damages and will be computed with respect to each individual laborer or mechanic.

• Withholding for unpaid wages & liquidated damages o FHWA or the Contracting agency shall withhold any moneys payable to satisfy

any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages.

• Subcontracts

o The contractor or subcontractor shall insert in any subcontracts the clauses set forth for the abovementioned items.

Subcontracts • The Contractor must perform no less than 40% of the total original

contract, work must be performed with its own organization. o CFR requires 30% o NMDOT Standard Specs require 40%

• The prime contractor must hire a competent superintendent or supervisor who is employed by the company. o The superintendent is in charge of all construction operations. o The prime contractor maintains control over the supervision of the day-to-

day activities of the leased employees. o The prime contractor remains responsible for the quality of the work of the

leased employees.

• No portion of the contract shall be subcontracted without written consent.

• Fully executed contract must have form 1273 physically incorporated in the subcontract and the entire document must be loaded in B2Gnow for review by compliance staff. o Federal regulation require form 1273 to be included in the subcontract

Non-Debarment

Geraldine Gonzales NMDOT-Office of General Counsel

Non-Debarment Certification

Affirmation on the Requirement Document for Bid Submittal Titled “Non-Debarment Certification” is the Bidder’s certification that neither it nor its principals are presently suspended, debarred, or declared ineligible by any federal department or agency.

Example Bid

Express

Non-Debarment Certification

Non-Debarment Certifications-Subcontractors

Prime Contractors are also responsible for ensuring that their Subcontractors are not suspended, debarred or declared ineligible. Prime Contractors must, with the submission of the Permission to Subcontract Form A-1086 attach a copy of the “screen shot” from the SAM.gov website showing that the subcontractor has no exclusion action taken against it.

Return of Lobbying Disclosure

The Return of Lobbying Disclosure Notice to Contractor and Disclosure of Lobbying Activities Form are required by federal law to ensure that no federal dollars have been or will be used for lobbying activities. If the Bidder has engaged in lobbying, it must disclose those activities on the form.

Return of Lobbying Disclosure

The Return of Lobbying Disclosure is NOT a Required Document for Bid Submittal. However, if the Prime Contractor receives the Notice of Preliminary Award AND has used any funds for lobbying activities it needs to complete the Disclosure of Lobbying Activities Form.

Return of Lobbying Disclosure-Subcontractors

For Subcontracts over $100,000.00 Prime Contractors must include the Return of Lobbying Disclosure NTC in the Subcontract. • If the Subcontractor has engaged in

lobbying activities, it must complete and return the Disclosure of Lobbying Activities Form.

• If the Subcontractor, during the performance of the Work, engages in lobbying activities it must complete a Disclosure of Lobbying Activities Form.

Questions….

Supplemental EEO

Requirements

Art Gottlieb NMDOT – CR/EEO Construction Bureau

Supplemental EEO Requirements

• Incorporated in all NMDOT contracts by reference means(definition): oThe method of making one document of

any kind become a part of another separate document by referring to the former in the latter, and declaring that the former shall be taken and considered as a part of the latter the same as if it were fully set out therein.

Supplemental EEO Requirements

(continued) o Incorporated in all NMDOT contracts, by reference, are

supplemental requirements to the US Department of Labor, Office of Federal Contract Compliance Programs (OFCCP) Equal Employment Opportunity Program (EEO). • They are: Executive Order No. 11246, (9/241965); 41 C.F.R. §60-4.1 through 60-4.9 (2015) Executive Order No. 13665 Non-Retaliation for

Disclosure of Compensation Information (4/8/2014); and

Further Amendments to Exec. Order No. 11478, EEO in the Federal Government , and Exec. Order No. 11246, EEO (7/21/2014).

Supplemental EEO Requirements

(continued) o The following notice shall be included in all

solicitations for offers and bids on all Federal and federally assisted construction contracts or subcontracts in excess of $10,000. Notice of Requirement for Affirmative Action To

Ensure Equal Employment Opportunity (E.O. 11246): o The Offeror's or Bidder's attention is called to the

“Equal Opportunity Clause” and the “Standard Federal Equal Employment Specifications” set forth herein.

o The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area.

o The contractor shall notify Director, OFCCP within 10 working days of any subcontract in excess of $10K at any tier.

Questions….

Indian Preference

A contractor may extend an preference to initial hiring and all other employment actions to Native Americans living on or near a reservation. The extension of the preference is discretionary. The preference does not extend to tribes, only individual employees.

Contractor Based OJT Goals

Kathy Mattison NMDOT – CR/EEO Construction Bureau

Presentation Overview • CFR 23 230.111-Implementation of Special

Requirements for the provision of on-the-job training

• The purpose of the OJT Program is to address the underrepresentation of minority and female workers in the construction trades through the assignment of OJT goals. The primary objective of the OJT Program is the training and upgrading of minorities and females to journeyman status on NMDOT federal-aid-projects.

Program Description • The OJT Program fulfills its objective by,

fostering long term relationships between contractors and trainees, encouraging contractors to assist trainees in fully attaining journeyman status and offering contractors abundant flexibility in fulfilling their training obligations.

Program Description Continued

• The OJT program assigns contractors an annual training goal based upon past dollar amounts awarded to the contractor as an NMDOT federal-aid prime contractor.

Annual Training Goal • The NMDOT CCRB OJT program administrator will

notify contractors assigned an annual training goal prior to the beginning of the calendar year (January 1to December 31) within which they must participate.

• The trainee must begin training during the calendar year within which the contractor must participate and trainee time cannot “roll-over” from one calendar year to another for purposes of meeting the goal.

Annual Training Goal Continued

• The contractor is still required to use an approved training program, register its trainees in the program, pay trainees according to the program, and show trainees on its payrolls as required by FHWA 1273, Sections IV and V.

Program Requirements

• NMDOT recognizes four types of contractor based training programs. Those programs are: o Contractor in-house training programs that have received prior

approval from both FHWA and NMDOT

o Training programs approved in other states subject to proof of approval

o Approved Workforce Development Program provided through the Associated Contractors of New Mexico (ACNM) and;

o The New Mexico Department of Workforce Solutions ‘ State Apprenticeship Council programs (e.g. union apprenticeship, if the contract employees are otherwise eligible).

Wage Requirements

• Contractors must pay each approved trainee at the appropriate percentage of journeyman’s wage rate based on the approved training program and consistent with applicable State and Federal regulations and guidance.

Reporting Requirements • Contractors must submit the following

documents to the administrator of the approved training program being utilized, NMDOT CCRB and for NMDOT and LPA federal-aid projects, to the NMDOT or LPA Project Manager: o Form A-2201 Contractor OJT Enrollment Form

o Form A-2203 OJT Program Labor Classification request

o Form A-2202 OJT Program Monthly reporting form, on or before the 10th of each month

Reporting Requirements Continued

• If a contractor did not attain its annual goal, it must submit, with its Annual Summary Report, documentation of its Good Faith Efforts to attain the goal.

• Contractors shall submit to the NMDOT CCRB an Annual Summary Report by January 20th

Contractor Participation • The CONTRACTOR’s EEO Officer shall

be responsible for monitoring and

administering the trainee’s progress.

The EEO Officer shall serve as the point

of contact for NMDOT and LPA

representatives regarding information,

documentation, and conflict

resolution.

Contractor Reimbursement

• NMDOT will reimburse the contractor .80 cents per hour of training given an employee on a NMDOT lead State or Federal-aid project in accordance with an approved training program.

• Reimbursements will be made upon submission to and approval by the Project Manager of a request for CHANGE ORDER with the properly completed OJT monthly reporting forms attached.

• Reimbursement will not be made for a trainee’s hours that exceed the maximum number of training hours required for the completion of the selected classification in the training program.

Wage Rates

Joe Brown NMDOT –Construction and Civil Rights Bureau

• Higher rate shall govern between state and federal wage rates

Example:

• State decision has a Front End Loader Group 2 (2 CY or less)

• Federal has Front End Loader wage higher than Group 2

• Federal is prevailing • BEWARE – State decision has other Groups that

include Front End Loader, Group 4 (2-10 CY), Group 6 (Over 10 CY)

• ALWAYS select highest applicable to equipment used

WAGE RATES

LABOR REPORTING AND

SUBMISSION OF WEEKLY PAYROLLS • Requirements apply to contractors and subcontractors at all tiers

• Employees paid weekly

• Reporting Requirements for Federal Aid Projects:

o Payroll payment to employee no later than seven (7) days after payroll period end date

o Certified Payroll due in LCPtracker seven (7) days after the actual payment date

• Use of B2GNow and LCPtracker is required for Federal Aid Projects and considered incidental

• Failure to use these software programs at any tier may result in a non-conformance or other contract remedies

• The contractor is responsible for submitting their own payrolls and must ensure subcontractors submit weekly payroll information timely

LABOR REPORTING AND

SUBMISSION OF WEEKLY PAYROLLS

• Actual Payment Date (date the employee is paid) shall be entered in the ‘Payment Date’ field in LCPtracker

• Payment Date is used to verify timely submittals

NEW REQUIREMENT

LABOR REPORTING AND

SUBMISSION OF WEEKLY PAYROLLS

• Project offices shall initiate a change order to incorporate the new Federal Requirements NTC into existing active projects

• Previous non-conformance’s issued due to the previous NTC language shall be rescinded by letter

B2GNOW • Requirements apply to contractors and

subcontractors at all tiers

• Contractors shall upload fully executed contracts between the contractor and subcontractor at any tier

• Include the completed permission to subcontract form and associated attachments and subcontract checklist

CCRB - Training