attachment-6-bid-68-25.pdf

Attachment 6: Federal Requirements RFB 68-25 Security Camera Installation

S P E C I A L A T T E N T I O N

SUMMARY OF REQUIREMENTS FOR FEDERAL-AID PROJECTS

1. Subletting on Federal-aid Contracts:

a. On Federal-Aid projects, the following documents are required to be incorporated in and made a part of, every subcontract agreement; including lower-tier subcontract agreements, and companies, and/or independent contractors that perform testing, monitoring, inspection services such as ground penetrating radar, erosion control monitoring, video inspection, SWPPP, POP, environmental testing/monitoring or vibration monitoring, require subcontractor approval:

• NHDOT Subcontracting Procedure and Forms:

Updated Annual Assurances (annual requirement). Contractors will not be approved or authorized to work until all Office of Federal Compliance (OFC) Annual Assurance requirements have been fulfilled.

OFC Form 15 - Transmittal Request OFC Form 14a – Annual Contractor Assurances OFC Form 26 - Work Certificate

• A signed written contract, including:

o A valid Certificate of Insurance, listing NHDOT as the Certificate holder. OFC staff will verify coverage with the NH Department of Labor (NHDOL). Workers Compensation Insurance needs to be on the National Council on Compensation Insurance (NCCI) database and company must be in good standing with NH Secretary of State.

o Per NH RSA 228:4-b, Workers’ Compensation Insurance must cover all individuals performing work on site and shall remain in effect for the duration of the contractor’s work on the project. No excluded individual, owner, or officer may perform work on site without exception. All persons working on site must have Workers’ Compensation coverage on file with the NHDOL.

o Attention of the Contractor is called to NHDOT Standard Specifications 107.02 and NH RSA 293- A:15.01, which, among other provisions, requires that all Contractors, including those based out-of-state, register their business name with the NH Secretary of State’s Office and remain active or in good standing throughout the period of participation.

• Required Contract Provisions (FHWA-1273)

• Disadvantaged Business Enterprise (DBE) Program Requirements (Standard Specification 103.06)

• Prompt Payment to Subcontractors (Standard Specification 109.09)

• 41 CFR 60-4 Affirmative Action Requirements

• Applicable only to contracts or subcontracts in excess of $10,000

• U.S. Department of Labor (USDOL) wage rates entitled “GENERAL WAGE DECISION” (as contained in the Contract) o Does not apply to companies performing Davis-Bacon exempt work (such as testing, monitoring, and inspection services).

b. Prime Contractors shall submit consent to sublet packages to the NHDOT at least 5 working days prior to said subcontractor (or lower-tier subcontractor) performing work on site.

https://www.dot.nh.gov/documents/subcontracting-procedures https://www.dot.nh.gov/document/oaoc-form-14a-annual-contractor-assurance https://www.ncci.com/pages/default.aspx https://sos.nh.gov/ https://www.nh.gov/dot/org/projectdevelopment/highwaydesign/specifications/index.htm http://www.gencourt.state.nh.us/rsa/html/XXVII/293-A/293-A-15.01.htm http://www.gencourt.state.nh.us/rsa/html/XXVII/293-A/293-A-15.01.htm https://sos.nh.gov/ https://www.nh.gov/dot/org/projectdevelopment/highwaydesign/specifications/index.htm https://www.ecfr.gov/current/title-41/subtitle-B/chapter-60/part-60-4

2. FHWA Form 1273, Required Contract Provisions:

a. The Prime Contractor shall insert in each subcontract all the stipulations contained in the Required

Contract Provisions. Primes shall further require their inclusion in any lower-tier subcontract or purchase order that may in-turn be made. The Required Contract Provisions shall not be incorporated by reference in any case.

b. In accordance with Section I, Paragraph 1, the Prime Contractor shall be responsible for compliance by any subcontractor, lower-tier subcontractor, or service provider. This shall include any unpaid wages found to be owed that is not paid by a subcontractor or lower-tier subcontractor.

c. In accordance with Section I, Paragraph 3, “A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for withholding of progress payments, withholding of final payment, termination of the contact, suspension/debarment or any other action determined to be appropriate by the contracting agency and FHWA.”

3. Certified Payrolls and Time Sheets:

a. Submission Format: Payrolls, as required by FHWA Form 1273, shall be submitted electronically (email) as a pdf document to the NHDOT Contract Administrator, consistently named in the following format:

Contractor’s name (abbreviated is acceptable) followed by the “week ending” date (yyyy/mm/dd). The Contractor’s and each Subcontractor’s payroll shall be submitted as separate, individual files.

Example: Plow Brothers Inc 2017-12-09

b. Multiple Counties/States or Categories (Highway/Building/Heavy): Whenever Contracts have multiple wage determinations, contractors shall indicate, on each payroll submission, which wage determination is applicable to the work. In the instance that there are multiple counties within the Contract the payroll shall indicate which county the work was performed.

c. Project Specific: Except for weekly gross pay, deductions, and weekly net pay, all information shown on certified payrolls shall be project specific. Please reference FHWA Form 1273 for additional payroll requirements and limitations.

d. Time Sheets: Every contractor shall create and maintain time sheets for every worker performing work on the project. This includes salaried employees who perform work in a classification, either intermittently or full time. Time sheets shall record all work performed during the work week, both Federal and non-Federal, shop time, travel time considered work time, including any time considered “hours worked” as described under the Fair Labor Standards Act, Part 785. When requested, Contractors shall provide copies of time sheets to the OFC in support of certified payroll report information being provided. Time sheets, payroll records, and other basic records relating thereto shall be maintained by the Contractor during the course of the work and preserved for a period of three years from final invoice for all laborers and mechanics working at the site of work.

4. Requesting Work Classifications, Classifying Workers, and/or Payment of Wages.

a. The Prime Contractor is required to submit an additional request to the NHDOT for any classification of labor/equipment that they or their subcontractors shall be utilizing under the Contract that is not contained in the Proposal’s Federal General Decision.

b. Conformance submissions shall be in accordance with U.S. Department of Labor Memorandum No. 213, dated March 22, 2013. A copy of the Memorandum can be found at https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/AAM213.pdf.

c. Unless otherwise instructed by the OFC, a SF 1444 shall be used for this purpose.

d. Requests must be submitted to the NHDOT prior to any work being performed in the classification(s).

https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/AAM213.pdf

e. Contractors who do not receive a USDOL conformance decision from the OFC within 45 days of submission should follow-up with the OFC.

f. Once a decision is received from the USDOL, the OFC will notify the Prime Contractor. In cases when the USDOL stipulates a higher rate of pay than the one proposed by the Contractor, and the Contractor elects not to submit an appeal, restitution, if due, shall be paid to employees within 10 calendar days of being notified by the OFC. Restitution requirements of the NHDOT shall apply.

g. Appeals shall be filed with the USDOL within 30 calendar days and a courtesy copy forwarded to the OFC at the same time. Restitution, if applicable, does not need to be paid during the time the appeal is under review by the USDOL.

h. Contractors shall immediately inform the OFC whenever appeal decisions (including reconsideration requests) are received from the USDOL.

i. In cases when a contractor indicates to the OFC he/she plans to appeal the USDOL decision but fails to provide the OFC proof of submission within 30 calendar days, the contractor shall comply with the original USDOL decision. The OFC will subsequently notify the Contractor that proof of an appeal was not received within 30 days and restitution, if applicable, must be paid to workers within 10 calendar days. Contractors who fail to provide restitution will be deemed “in non-compliance.”

j. OFC payment release authorization letters (Okay to Pay letters) cannot be accomplished until all wage conformances have been deemed closed (USDOL responses have been received), any pending contractor wage appeals have been finalized, with restitution paid if applicable, and all Prompt Pay requirements have been met.

k. Job Classifications Descriptions (Laboring Category): While most of skilled and unskilled crafts appearing in Wage Determinations are self-explanatory, the below classifications (not all inclusive) have been described by the NHDOT and are consistent with USDOL requirements. Questions involving correct classification of workers should be addressed prior to performing work on the project. Workers performing in these classifications, according to the description, will be classified by contractors accordingly:

1) Asbestos Abatement: All work associated with asbestos abatement shall be classified as

“Laborer,” unless said work involves piping that will be reinsulated. In these cases, “Asbestos Abatement Worker” shall be used.

2) Blaster: Supervises and assists in locating, loading, and firing blast holes with explosives to break up hard materials. This work includes any of the following duties on-site: determining the spacing and depth of drilled holes; determining the amount of explosives, timing, and placement of detonators; handling blasting materials in the work area; loading holes with detonators, primers, and explosives; tamping and stemming holes; directing the placement of blasting mats or other flyrock controls; and detonating the charges.

3) Brick Mason (also called Brick Layers): Builds and repairs walls, floors, paths/sidewalks, partitions, fireplaces, chimneys, and other structures with brick, pavers, precast masonry panels, concrete block, and other masonry materials, with or without mortar.

4) Carpenter (Form Work Only): Formwork carpenters build the molds that retain wet concrete in the construction of bridges, foundations, and other concrete structures. This also includes pre-manufactured forms made of steel, wood, or heavy plastic. Work under this class also includes bracing required to hold the forms in place.

5) Carpenter (Excluding Form Work): Involves all carpentry work not directly related to the pouring of concrete. This includes, without limitation, scaffolding, safety rail, platforms, walkways, stairs, demo containment, buildings, and bracing that is not in direct contact with concrete.

Note 1: Any work to dismantle where workers can simply “tear it apart” and where no safety concerns are present can be performed by Common or General Laborers.

Note 2: Questions involving these classes should be addressed prior to performing work on the project.

6) Drill Operator: Unless a hand-held tool, which can then be classified and performed as a Common/General Laborer, all drill work shall be performed in the “Drill Operator” classification.

Conformances, if needed, shall be consistent with this requirement.

7) Guardrail Installer: Except for the “pounder,” each person performing guardrail installation work shall be classified as “Guardrail Installer.”

8) Ironworker (Reinforcing): Positions and secures steel bars to placement of reinforced concrete;

determines number, size, shape, and location of reinforcing rods from plans, specifications, sketches and/or oral instructions; places and ties reinforcing steel using wire and pliers, sets rods in place, spaces and secures reinforcing rods. May bend steel rods with hand tools or operate a rod-bending machine; may reinforce concrete with wire mesh; may perform other related duties.

9) Ironworker (Structural): Performs any combination of the following duties to set beams, hang diaphragms, install bolts, torque bolts, test bolts, raise, place and unite girders, columns and other structural steel members to form completed structures or structure frameworks, working as a member of a crew; sets up hoisting equipment for raising and placing structural steel members;

fastens steel members to cable of hoist using chain, cable or rope; signals worker operating hoisting equipment to lift and place steel members. Guides member using guy line (rope) or rides on member to guide it into position. Reads plans; rigs, assembles, and erects structural members requiring riveting or welding. May perform other related duties.

10) Lead Abatement Worker: All work associated with lead abatement shall be classified as “Lead Abatement Worker”.

11) Stone Mason: Builds stone walls, as well as set stone exteriors and floors, lays/sets all cut stone, marble, slate, or stone, with or without mortar. They work with natural cut stone, such as marble, granite, limestone, and artificial stone made of concrete, marble chips, or other masonry materials.

12) Sweeper/Broom Operators: Whenever Sweeper or Broom does not appear in the Wage Determination, contractors may use the Truck Driver classification for this service if the equipment used is of the over the road type (only). However, anytime the Contract has an established classification/rate for “Sweeper or “Broom,” this classification must be used and the minimum rate, as it appears in the contract, shall apply.

13) Traffic Coordinator: Performs sign placement and maintenance, including proper set up and relocation of construction sign packages and message boards; designs lane closures in accordance with local, state, and Federal requirements. Please do not confuse this classification with Flagger.

5. Prompt Pay to Subcontractors and Material Suppliers: Prompt pay requirements are outlined in the NHDOT Standard Specifications Section 109.09. Submissions are due to OFC at laborcompliance@dot.nh.gov no later than the 10th calendar day of each month.

a. State managed projects: Contractors may use the OFC Form 18 or utilize their own document that contains the same required information unless otherwise instructed by the OFC.

b. LPA projects: Contractors shall use the OFC Form 12.

• Contractors may use the OFC Form 18 or utilize their own document that contains the same required information unless otherwise instructed by the OFC.

• If no payments were made for a State managed or LPA project during the reporting period, contractors shall submit the appropriate certification form or email indicating “no payments made to subcontractors.”

6. Mandatory Training: Prime Contractors who fail to obtain an annual average (based on the calendar year) of at least 60% “Satisfactory” ratings on all OFC Compliance Field Audit Reports may be required to attend https://www.nh.gov/dot/org/projectdevelopment/highwaydesign/specifications/index.htm mailto:laborcompliance@dot.nh.gov a mandatory 4-hour Contractor Compliance Training Class each spring (as scheduled by the OFC). A principal owner or executive officer of the company, and his/her payroll accountant shall attend.

a. Compliance ratings will be averaged over all projects if a Prime Contractor has multiple projects.

b. The OFC has at least two Contractor Compliance Training Seminars each year. Every contractor participating on Federal-aid construction projects is encouraged to attend.

7. Restitution: If required, restitution shall be performed in accordance with the OFC guidelines. The OFC Form 8 - Restitution Worksheet and Affidavit shall be used.

8. Corrective Action Plan

a. Any Contractor, Subcontractor, or Lower-tier Subcontractor found to be in violation of Required

Contract Provisions, made part of its contract may be suspended to work on existing or future projects and/or required to provide a Corrective Action Plan (CAP). Other sanctions may be imposed by the Department as appropriate.

Corrective action will include, but not limited to, the submission of certified payrolls or other records and reports necessary to verify compliance with the Provisions.

b. Any Contractor, regardless of the tier, found to have repeatedly violated the Required Contract Provisions, may be required to complete 4-hours of Contractor Compliance Training conducted by the Department. When mandated, a principal owner and/or company executive and his/her payroll accountant shall attend Contractor Compliance Training must be completed before participation on future projects is authorized. This requirement does not relieve the Contractor of its obligations under the prime contract, nor does it prevent the Department from seeking other remedies or enforcement actions, as provided by the governing Rules and Laws and Federal Regulations.

c. Companies will be notified of violations in writing. Actions the company must take to have participation privileges restored will be clearly indicated. Companies will also be advised that if a satisfactory response is not received within 7 days of the requested CAP, the company will be considered “non-responsive.” In cases where lower tier companies are non-responsive, matter will then be deferred to the Prime Contractor for payment of outstanding payments as provided in Required Contract Provisions.

9. Right to Withhold Payment: The Department may withhold payments claimed by the Contractor on account of:

a. Failure of the Contractor to make payments to Subcontractors for materials or labor.

b. Regulatory non-compliance or enforcement.

c. Failure to comply with OFC Field Audit Report requirements.

d. Failure to comply with monthly reporting requirements, as applicable.

e. For projects with an On-The-Job Training (OJT) requirement, failure to submit OJT Form 1 - On-The-

Job Training Acknowledgement and Statement of Intent within 30 days of the project start date.

f. Failure to submit closeout documentation.

g. All other causes that the Department reasonably determines negatively affect the State’s interest.

10. Final Payment Release: Once final project records are transferred to the OFC, a final review shall be performed to determine compliance with the Federal provisions. Release of any final payment shall not be made to the Contractor until the OFC issues a payment release letter (Okay to Pay) certifying:

a. All required payrolls, labor, and Equal Employment Opportunity (EEO) documentation have been received and deemed complete and correct.

b. DBE requirements stipulated in the Contract and/or the Required Contract Provisions have been fulfilled.

11. Deposits in Escrow: Every attempt is made to complete compliance actions and resolve any disputes before the project is completed and final payments are made. Sometimes, however, corrective actions or disputes continue after completion and provisions must be made to ensure that funds are available to pay any wage restitution that is ultimately found due. In these cases, the project can proceed to final closing provided the Prime Contractor, from payments already provided him/her, provides written evidence a deposit of an amount equal to the potential liability for wage restitution and liquidated damages, if applicable, has been deposited in an escrow account. When a final decision is rendered, the Prime Contractor makes disbursements from the account in accordance with the decision. Deposit/escrow accounts are established for one or more of the following reasons:

a. Where the parties have agreed to amounts of wage restitution that are due but the employer has not yet furnished evidence that all the underpaid workers have received their back wages. The deposit is equal to the amount of restitution due to workers lacking payment evidence. As proper documentation is received, an amount corresponding to the documentation is returned to the depositor. Amounts for any workers who cannot be located are held in the escrow account for three (3) years. Amounts remaining in the account not disbursed by the end of this three-year period shall be returned to the Prime Contractor.

b. Where underpayments are suspected or alleged and an investigation has not yet been completed. The deposit is equal to the amount of wage restitution and liquidated damages, if applicable, that is estimated to be due. If the final determination of wages due is less than the amount estimated and placed in the escrow account, the escrow will be reduced to the final amount and the difference will be returned to the depositor. If the parties agree to the investigative findings, the amounts due to workers will be disbursed from the escrow account in accordance with the schedule of wages due. Amounts for unfound workers will be retained for a period of three (3) years and subsequently disbursed to the depositor as described above in Paragraph 12a.

c. Where the parties are waiting for the outcome of an administrative hearing that has been or will be filed contesting a final determination of wages due. The deposit shall be equal to the amount of wage restitution and liquidated dates, if applicable, that have been determined to be due. Once the final decision is rendered, disbursements from the escrow account are made in accordance with the decision.

Please direct questions relating to any information in this document to the OFC at laborcompliance@dot.nh.gov. See the OFC website (https://www.dot.nh.gov/doing-business-nhdot/office-access-opportunity-and-compliance) for forms, documents, and other helpful material.

mailto:laborcompliance@dot.nh.gov https://www.dot.nh.gov/doing-business-nhdot/office-access-opportunity-and-compliance https://www.dot.nh.gov/doing-business-nhdot/office-access-opportunity-and-compliance