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 one 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 onto 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 of 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 H Hauling C Credit-What Counts? s? Non- Fee or Proper DBE’s DBE DBE Commission DBE Own Lessee Lessee of non-DBE Credit Trucks Trucks Trucks* Lessee 100% Credit 100% Credit Match $ for $ up to the amount for DBE Spend 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.

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 of the he work o of 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 on 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 Requi quirements 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 of 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 or w wit ithout ob objection. 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 of work und nder er t the c he contract as the D he DBE t tha hat w was ter erminated ed o or had its s com ommit itment r red educed, t to t o the e extent n nee eeded to m mee eet t the contract g goa oal. 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 or 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. 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.) DBE BE fails or r refus uses to execut ute a a written c n contract  Potential Good Cause DBE f fails o or refuses t to per erform the e work o of its subcontract  Considerations As Defined in DBE f fails o or refuses es t to meet et t the prime e contractor’s r reasonable e  49 CFR § 26.53 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 of work r requ quir ired  DBE o owne 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 Must Pay 10 DAYS Prime Subcontractor • 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 out ut may due due to awarene ness o of 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 out 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 olls f for or Ha Hauler ers • Is Is the h haul t takin ing p pla lace “on the site o of 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 of 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 .