Equal Employment Opportunity (EEO)

Transcription

1 Local Agency (ERM) Preconstruction Meeting Federal-Aid EEO/DBE/Wages Construction Contract Compliance Requirements Rev 04/2011 Local Agency: Palm Beach County/ERM Date: Time: Location of Meeting: PBC/ERM, 2300 N. Jog Road, 4 th Floor, West Palm Beach, FL Project Description: Contract R#: Contract Days: County: Project $ Amount: Palm Beach Contractor: Federal Wage Decision: Decision #: Modification #: Publication Date (mm/dd/yy): Financial Project #: F.A.P. #: FDOT Grant Contract #: Equal Employment Opportunity (EEO) 1. REGULATIONS All State and Federal EEO requirements are applicable to this project, including the provisions of FHWA NOTE: All forms listed in this document are available for download at the FDOT website ( or from the project Compliance Officer. Additionally, the Florida Department of Transportation Equal Employment Opportunity Construction Contract Compliance Workbook is available online at Updates to this workbook are made annually and posted on the FDOT website. 2. COMPANY EEO REQUIREMENTS Due from the Prime, subcontractors and Rental Agreements with Operators of $10,000 or more BEFORE THE FIRST DAY OF WORK ON THE PROJECT. A. Company EEO/AA Policy Plan A company must have a policy and plan established and implemented before the 1 st workday of the project and made available upon request. If a contractor does not have one, procedures & information for implementing a policy can be found in the EEO Construction Contract Compliance Work Book on the Department s website at The Plan must be on the Contractor s company letterhead, signed by a company official, dated and contain all elements of an effective EEO/AA Plan as provided in the example plan. B. Notification to FDOT of EEO Officer Identification (FDOT Form No ) The Prime Contractor and subcontractors are required to communicate their EEO Officer s appointment to the Local Agency in writing. The Local Agency should be notified of any changes to officer appointment, officer name or officer contact information. Complete the Notification of EEO Officer and remit original to FDOT Equal Opportunity Office in Tallahassee as the form instructs, with a copy provided to Page 1 of 8

2 the Local Agency. EEO Officer information should also be posted on the project bulletin board. FDOT Form No can be used to post multiple EEO Officer names on the bulletin board (further discussed in bulletin board section). Page 2 of 8 C. Supervisory & Office Personnel Meeting Minutes (FDOT Form No ) The prime contractor, subcontractors, and rental agents must hold a Supervisory and Office Personnel EEO Meeting prior to the first work day. Subsequent meetings will be conducted at 6-month intervals or if inactive, within 30 days of resuming work. Within 30 days of hire or appointment, supervisory personnel and others involved in personnel matters are to be oriented in the required major topics and a record of that orientation (inclusive of date, topics, etc.) is to be maintained. The FDOT form can be used to document the meeting and the attendees. D. EEO Information to Project Personnel (FDOT Form No ) Contractors are to routinely inform their project employees of their equal employment opportunity civil rights, the contractor s policies, procedures and various wage/payroll protections. This information can be presented in meetings or through other appropriate means such as employee handbooks, notices and posters. It should be communicated to project personnel before the 1 st day on the project and in at least six month intervals thereafter. The FDOT form can be used to document the meeting and the attendees. E. E.E.O. Contractor Analysis The prime contractor and all subcontractors (with contracts of $10,000 or more) must complete the E.E.O. Contractor Analysis to describe and show evidence of their internal process established to monitor compliance with their EEO policy and plan. F. Contractor s Recruitment Report (FDOT Form No ) Contractor s summarize construction craft and laborer hiring activity for one or more months. Each subcontractor and contractor should submit this report prior to the beginning of work on the project. This form is designed to facilitate auditing a contractor s recruitment program for compliance with FHWA 1273 requirements. An ongoing recruitment program includes: Good Faith Efforts, Announcement of Equal Opportunity, Advertisement in publications with a large minority circulation in the area where project work force is drawn, Training of personnel involved in recruitment, Direct and systematic recruitment programs, Recruit through public and private referral sources, Encourage referrals from current employees, Analysis and updating, Record Keeping. G. Certification of Non Segregated Facilities and Non Discrimination (FDOT Form No ) 1. Certification of Non Segregated Facilities - Contractors are to certify that they do not maintain or provide any segregated facilities for employees at any of their establishments and do not permit their employees to perform their services at any location where segregated facilities are maintained. 2. Certification of Non Discrimination Contractors are to certify that they shall not discriminate on the basis of race, color, national origin, or sex in the performance of Federal-Aid funded contracts. H. Company Wide EEO Report (FDOT Form No ) The Prime Contractor shall make available a complete Company Wide EEO Report in the format shown on the

3 Contractor s Company Wide EEO Report prior to the start of project work. This form reports the Company s Florida workforce by race, sex and skill level. 3. PROJECT EEO REQUIREMENTS A. Jobsite Bulletin Board Inspection Report Only one project bulletin board is required and must be in place on or before the first day workers are on the project. The posting of the following documents is required on or before workers first appear on the project and must be kept in a presentable manner for the life of the project. Documents should be made weatherproof and accessible to all FDOT, project personnel and potential applicants. The documents will remain in place until workers are no longer present on the project. The required documentation may be retrieved from the Departments Equal Opportunity website and forms library. For forms go to: &Office=EQUAL+OPPORTUNITY+OFFICE. For posters go to: Periodic inspections of the bulletin board should be done to ensure compliance with these requirements (i.e., at the beginning of the project, at least quarterly and at the end of the project). FDOT Form No will be used to perform these bulletin board inspections. Project bulletin board location on project site? The following information should be displayed on the bulletin board. Each document must be placed directly on the board for viewing. Documents cannot be stapled together and attached to the board. 1. FDOT Standard Posters i. EEO is the Law ii. Florida Law Prohibits Discrimination iii. Notice iv. Important v. Wage Determination Appeal Process, and the Wage Rate decisions. 2. FDOT Project Specific Posters i. Poster of EEO Policy & Officers (FDOT Form No ) this information is to be maintained by the prime contractor during the term of the project and updated as necessary as prime contractor and sub contractor information changes. ii. Wage Rate Decision(s) iii. Additional Wage Determinations (FDOT Form No ) 3. U.S. Dept. of Labor Posters i. Family & Medical Leave Act Rights ii. OSHA: Save and Healthful Workplace Rights (English) iii. Employee Polygraph Protection Page 3 of 8

4 B. Annual July EEO Report (FDOT Form No ) The purpose of this report is to accumulate total employment on all federal aid highway projects in Florida as of July 31 st. All full-time and part-time employees employed on the specific federal aid project (FAP) during the last FULL pay period in July must be accounted for by sex and race for the applicable job category. This report is due to the Local Agency August 20 th and will then be forwarded to FDOT by August 25 th. Each Contractor and Subcontractor with contracts > $10,000 should report this project information. 4. ON-THE-JOB TRAINING REQUIREMENTS (if applicable) On-The-Job (OJT) Training Requirements ARE NOT applicable to this project. 5. PAYROLL AND WAGE REQUIREMENTS These requirements are applicable to all sub contractors, rental agreements w/ operator, and temporary employment agencies regardless of the subcontract dollar amount. A. Certified Weekly Payrolls (FDOT Form No ) Each contractor and subcontractor shall furnish an ORIGINAL certified weekly payroll including all of the information requested on FDOT Form Use of this specific form is not required. Foreman and Supervisors are exempt from the provisions of the Davis Bacon Act and therefore are not required to be reported unless considered Working Foreman (performing skilled labor >20% of time). (a) This form has two required parts: (1) Statement of Compliance which includes an original signature of the contractor or their agent who pays or supervises the payment of the persons employed under the contract. (2) Wage and Hour Record actual payroll record, including a detail of all deductions by type and amount. (b) Subcontractor Payrolls The prime contractor is responsible for the submission of original certified weekly payrolls by all subcontractors, on or before the due date. (c) Statement of Pay Period and Pay Date Documents the prime contractor and subcontractors pay period and pay date to determine the due date of the certified weekly payrolls to the RCS. (d) Due Date - The certified weekly payroll is due to the LA within seven (7) calendar days from the regular payment date. In order to clearly document in the project files each contractor s pay period and pay date for tracking purposes of the due date, the attached Statement of Pay Record may be used. (e) Race and Sex Annotation It is mandatory that payrolls indicate race and gender of each listed laborer. (f) Wage Decision - All submitted wage classifications should be in accordance with the prevailing Federal Wage Decision (FL#, Modification #, Dated MM/DD/YY) for this project. Page 4 of 8

5 (g) Additional Wage Classifications FDOT Form No may be used to request additional wage classifications. The request should be submitted as soon as possible to the Prevailing Wages Coordinator. Additional wage classifications are to be posted on the jobsite bulletin board. Either the authorization letter from FDOT/USDOL may be posted or FDOT Form No may be used to post multiple wage classification authorizations. (h) Wage Deductions All wage deductions should be within those authorized by the U.S. Dept. of Labor on Federal Aid projects. A request should be sent to the U.S. Dept. of Labor for approval of additional wage deductions. Wage deductions require prior authorization before the deduction can be made. However, request for retroactive authorization may be requested by USDOL and may be considered for approval. (i) Address and Social Security Numbers This contract was entered into after 1/18/09, therefore FULL ADDRESSES AND SOCIAL SECURITY NUMBERS are not to be reported on the certified weekly payrolls. However, an employee identifier (such as the last four digits of the social security number or a unique Employee ID #) IS REQUIRED. The FDOT form has been modified for this recent change. B. Labor/EEO Compliance Interviews (FDOT Form No ) These interviews will be conducted in accordance with the Employee Interview Report Labor/EEO Compliance form. Project employees should be made aware of these interviews and we ask for their cooperation. A minimum of 2 interviews a month will be conducted. All personnel on the project (including contractor, subcontractors and rental agencies are subject to the interview process). C. Independent Contractors Owners of independent contracting businesses may be exempt from the prevailing wage requirements if they (1) own a 20% company equity interest and (2) participate in the management of the business. The owner must file a statement attesting to their ownership interest and management activities. The statement must be on company letterhead, with an original signature and on file for each project. The submittal of certified weekly payrolls are still required and should include (1) statement of certification and (2) payroll record indicating the name, employee ID # and Owner-541 Excluded. Other information need not be shown. D. Truck Owner-Operator An owner-operator of a truck is one who owns and drives their own truck. They are required to submit an Abbreviated certified payrolls on a weekly basis. Payrolls should include (1) statement of certification and (2) payroll record indicating the name, employee ID # and Owner-Operator. Other information (hours, rates, deductions, etc.) need not be shown. E. Trucker Interview (FDOT Form No ) Periodically, truck drivers who perform on-site hauling are subject to job-site interviews. The primary purpose of the interview is to confirm job site authorization, eligibility for claiming owner-operator status, and compliance with payroll submissions (if applicable). The interview includes a review of Motor Vehicle Registration and the driver s license. A Trucker Interview may be conducted on any truck associated with the project in order to affirm that unauthorized firms are not operating on the project. A payroll violation is issued when it is determined that a driver does not actually own the truck they are operating on-site and they have previously been reported as a truck owner-operator on payrolls. Correction requires Page 5 of 8

6 Page 6 of 8 Rev 04/2011 submission of a certified payroll reflecting all required data elements and an hourly rate at least equal to that specified on the project Wage Table for the class of truck operated. F. Non Compliance with Payroll Provisions i. Payroll Violations - Payroll violations will be issued to the Prime Contractor using FDOT Form No Notification To Contractor And Federal Highway Administration (FHWA) of Non-Compliance With The Work Hours Act of 1962 And Other Related Acts, Regulations And Contract Terms Between The State Of Florida Department of Transportation and Contractor. The Contractor will have 20 days to submit a supplemental payroll. 6. SUBCONTRACTORS ii. Non-Receipt of Payroll is cited in a Notice of Non Compliance Letter which may be issued any day of the month and as many times as necessary. A. The Local Agency should be made aware of all subcontractors before they begin working on this project. The following forms are recommended for use in order to notify the Project Manager of sub-consultants being used and to obtain the proper approval. i. Certification of Sublet Work (FDOT Form No ) Prime contractor must submit this form to the Project Manager to advise and obtain approval of the subletting of work and the nature of the work. Updates to this form should be made and submitted as the information changes. ii. Subcontract Rental Agreements (FDOT Form No ) Prime contractor must submit form to the LA advising of any rental agreement (including whether the equipment comes with an operator and is over/under $10,000). iii. Notification of Temporary Employment Agency (FDOT Form No ) This form is to be used by each contractor or subcontractor who employees project workers through a Temporary Employment Agency or Day Labor Agency. This form is due before any workers report to the project site. The project wage decision shall apply to employee wages. Project employees are subject to the EEO policy and plan of the hiring contractor. B. Subcontracts ALL pertinent provisions and requirements of the prime contract including, but not limited to, Required Contract Provisions Federal-Aid Construction Contracts (FHWA 1273) and Special Provisions - Specific Equal Opportunity Responsibilities (Per 23 CFR-633B of Federal-Aid Policy Guide) will be part of the subcontract. Both FHWA 1273 and the prevailing wage decision shall be STATED as a part of the subcontract and ATTACHED in their entirety. Any subcontracts not complying with these requirements shall be required to be amended to conform to such requirements. 7. DISADVANTAGED BUSINESS ENTERPRISE (DBE) A. DBE UTILIZATION Florida has a voluntary DBE program and while DBE utilization is not mandatory, continued utilization of DBE Firms supports the success of Florida s voluntary DBE program and the contractor s EEO and DBE Affirmative Action

7 Programs. Florida has a current goal of 8.18% DBE participation. Contractors are urged to utilize DBE firms whenever possible. B. Disadvantaged Business Enterprise (DBE)/Affirmative Action (AA) Policy and Plan The PRIME CONTRACTOR (ONLY) is required to have in place a DBE/AA Policy and Plan AND THE PLAN MUST BE FDOT APPROVED PRIOR TO THE AWARD OF THE CONTRACT TO THE CONTRACTOR. If this plan is not currently in place a sample plan is available online at Approvals are for a three year period. The Plan must be on company letterhead, signed by a company official, dated and contain all elements of an effective DBE/AA Plan. C. Anticipated DBE Participation Statement for LAP (FDOT Form No ) The purpose of this form is to report to the FDOT the names and the dollars planned to be paid to DBE s for a specific contract. This form is mandatory and is due at the preconstruction meeting or by the close of business that day. Revised statements are required if DBE s are added/reduced or DBE contract dollars change. D. FDOT DBE Payment Reporting System (Bizweb) Actual payments made to DBE subcontractors by the prime contractor will be reported in the FDOT DBE Payment Reporting System (Bizweb) BY THE LOCAL AGENCY. This information will need to be provided to the Local Agency by the prime contractor monthly. The Local Agency can obtain a Userid and Password by contacting the Equal Opportunity Office for all technical assistance at , or EOOHelp@dot.state.fl.us. E. Commercially Useful Function (CUF) DBE Monitoring Report (FDOT Form No ) This form will be used to perform checks of all DBE Subcontractors. The purpose is to verify that the DBE is performing a commercially useful function on the project. Monthly CUF checks will be done during a DBE s first three active months, at a minimum, to determine if DBE s are performing a CUF. The DBE Specialty Code Listing may be used to obtain a description of the Specialty Code that a DBE firm is certified in. 8. MONTHLY SUBMITTALS A. Certification of EEO Compliance (FDOT Form No ) (Due From Prime Only) - Monthly submission is required of the Certification of Compliance with Equal Employment Opportunity Provisions on Federal Aid Contracts. Contractors are to ensure that records are developed and maintained to attest compliance with the requirements for the period covered by certification(s). Such records shall be retained for a period of three (3) years following completion of the contract work and shall be submitted each month with monthly invoice. Periodic compliance reviews may be performed to document compliance with these requirements. All records should be made available upon request. B. Certification Disbursement of Previous Payment to Subcontractors (FDOT Form ) This form allows the Contractor to certify that all subcontractor payments for which the prime contractor has been paid to date, was subsequently paid directly to the subcontractor(s). Page 7 of 8

8 C. Construction Compliance with Specifications and Plans (FDOT Form ) certifies to compliance with the project specifications and plan. 9. MINORITY PARTICIPATION Per Executive Order 11246, Affirmative Action requirements are located in the contract 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. Also, be aware that you are subject to review by the US Dept. of Labor, OFCCP. The prevailing minority goals by Count are: 10. NON-COMPLIANCE ISSUES A. Sanctions for Non-Compliance Two sanctions are concurrently applied when a performance deficiency exists: (1) Deficiency Communications Written communication shall be issued to the prime contractor for the prime and/or subcontractor s non-compliance in any element of the program, including Disadvantaged Business Enterprise (DBE), Equal Employment Opportunity/Affirmative Action (EEO/AA), On-The-Job Training (OJT), Wage Rates and Certified Payrolls. (2) Withholding of Payment If necessary payment will be withheld until all noncompliance items are corrected. Thank you in advance for your cooperation and we look forward to the completion of a successful project! Page 8 of 8