Projects from the American Recovery and Reinvestment Act of 2009 (ARRA) Enacted February 17, 2009

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1 Projects from the American Recovery and Reinvestment Act of 2009 (ARRA) Enacted February 17,

2 Outline Objectives of the Act General Requirements Accountability and Transparency Reporting Requirements 2

3 Main Objectives of the Act Job preservation and creation Infrastructure investment Energy efficiency and science Assistance to unemployed, and State and local fiscal stabilization 3

4 Standard Contract Provisions Federal Aid Provisions o DBE o Buy America (Steel) o Davis Bacon o Prompt Pay o Certification of Nondiscrimination in Employment o Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity Standard Federal Equal Employment Opportunity Construction Contract Specifications o Form FHWA Required Contract Provisions Federal-aid Construction Contracts o Special Provision , On-the Job Training (Federal) 4

5 ARRA Special Provisions 1. SP Federal Government right to review and interview 2. SP Project Employment Data These special provisions are to be included in all ARRA funded local entity administered projects. o SP Exact language o SP Exact or department approved language o SP and (State OJT) - are NOT to be included in local administered projects 5

6 Additional Oversight A higher level of accountability and increased attention by Comptroller General and Inspector General is expected. FHWA is developing an ARRA Risk Management Plan. FHWA will use a variety of techniques to conduct in-process examination of areas identified as high risk. Financial management and State oversight of local projects will be areas of particular attention. 6

7 ARRA SP Outlines the authority of the US Comptroller General and Inspector General may inspect any and all records 7

8 Accountability and Transparency Every American will be able to hold Washington accountable for these decisions by going online to see how and where their tax dollars are being spent. - President Barack Obama 8

9 Overview State DOT provide data to FHWA Initial reports Project number Name of project Description Purpose Cost Rationale Location Project Schedule EDA NEPA Information Monthly reports Employment: Number Hours Payroll Projects: Critical dates % Complete Contractor Info Periodic Grouped Project reports Location, Project number, Purpose, Description, Cost and Project Schedule FHWA provide data Monthly reports Appropriated Allocated Obligated Outlayed Periodic reports Indirect jobs Geospatial data Highway network Per capita income Unemployment rate 9

10 Employment Reporting Reporting of this data is an important part of ARRA funding 10

11 TxDOT Special ARRA Reporting Requirements o Section 1511 Certification o FHWA-1585 (Project Status - District) o FHWA-1586 (Project Listing - District) o FHWA-1587 (Employment Summary) o FHWA-1589 (Contractor and Local Entity Employment Contractor and District) o Oberstar Reporting additional reporting similar to data reporting on FHWA forms FHWA-1587, FHWA-1589, and Oberstar include requirements for reporting employment data 11

12 CST Responsibilities CST will summarize all district data and report to FHWA for all reporting requirements including: o FHWA-1585 o FHWA-1586 o FHWA-1587 o FHWA-1589 o Oberstar Reporting additional reporting similar to data reporting on FHWA forms FHWA-1587, FHWA-1589, and Oberstar include requirements for reporting employment data 12

13 ARRA Form FHWA-1585 Project Status CST For department projects, we anticipate CST will compile all required data from TxDOT systems. No district action required. Districts For locally administered projects, districts need to collect data from locals including: o Advertisement Date o Award Date o Notice to Proceed o Amount of ARRA funds o Contract amount o Percent Complete (based on time) o Contractor Information o DBE data 13

14 ARRA Form FHWA-1585 Disadvantage Business Enterprise (DBE) o FHWA-1585 (State Let) Required DBE data queried from Subcontractor Monitoring System (SMS) DBE Monthly Progress Reports DBE Final Report District ensures DBE reports are being submitted and entered into SMS 14

15 ARRA Form FHWA-1585 Disadvantage Business Enterprise (DBE) o FHWA-1585 (Local Let) Required project and DBE data not on TxDOT s information systems Project and DBE data must be submitted manually CST can provide form with known project data District will coordinate with Local entity Reporting begins when the project is advertised Locals must provide project and DBE data by the 5 th calendar day to district Box 2, and 6 thru 19 District must submit form by the 5 th calendar day to CST To date, no other FHWA-ARRA form has DBE required data 15

16 ARRA Form FHWA-1585 Deadlines o Districts to submit local entity data to CST by the 5 th calendar day each month o Must report monthly from start of work to September 2012 or completion of the project, whichever comes first 16

17 ARRA Form FHWA-1589 FHWA-1589 Data o Number of employees, hours worked, and payroll for those employees on the project o Subcontractors and their employment data o Signed and dated or EPRS submission 17

18 ARRA Form FHWA 1589 Employment Data Contractors Submit for themselves and their subcontractors either manually or using EPRS o One submission for each project each month o Includes subcontractors o D-U-N-S S number of the prime o Number of employees o Number of hours worked o Project payroll for those employees 18

19 ARRA D-U-N-S D S Number To obtain D-U-N-S D S number, search Dun and Bradstreet - 1. Click 2. On the next page, click Click here to request your D-U-N-S D Number via the Web. If one does not exist for your business location, it can be created within 1 business day. 19

20 Form FHWA 1589 Submissions Using Electronic Project Records System (EPRS) o Contractor may submit with their digital certificate or send signed hard copy or scanned signed copy via e o District will have to enter data into EPRS if mail or e is used by 20 contractor

21 Obtaining EPRS Digital Certificates Contractors must modify or obtain a departmental digital certificate(s) EBS digital certificate will have to be modified to allow ARRA monthly employment reporting (1589) Contact: Tim West: or - twest1@dot.state.tx.us Frank Huerta: or - fhuerta@dot.state.tx.us 21

22 ARRA Form FHWA 1589 Employment Data Contractor Actions for contracts administered by the department o Assemble data for their employees and subcontractors o Enter data into EPRS, or o FHWA 1589 may be submitted by mailed hard copy or via of scanned copy with company representative signature 22

23 ARRA Form FHWA 1589 Employment Data Contractor When employment data can not be obtained from subcontractor or subcontractor data is not allocated to different projects, the prime may - o Estimate the subcontractors employment data o Provide to the area office a document outlining that the subcontractor data was estimated and the reason for estimating o If the data is received the next month the previous month may be corrected o If this occurs, issue needs to be addressed with subcontractor. May withhold payments or suspend work for failure to comply with SP incorporated into subcontract 23

24 ARRA Form FHWA 1589 Employment Data Districts Actions for contracts administered by the department o Review all contractor submissions for district to determine if the numbers seem reasonable for the project. Includes both contractor submitted via EPRS or manual submissions o Enter manually submitted data (1589) into EPRS (Intranet) Actions for local entity administered projects o Local entities to collect manual submissions from contractors and review for reasonableness and submit to districts o Districts submit local entity contractor and local entity data to CST 24

25 ARRA Form FHWA-1589 Data Needs o Data for all On-Site employees for prime contractor, subcontractor o Local entity staff and their consultants paid using ARRA funds will need to included in a separate employment data Form 1589 to the district o TxDOT construction management staff will not be included in any Form FHWA

26 ARRA Form FHWA-1589 Timeline for Submissions o Subcontractor submits data to prime o Prime submits their data and subcontractor data to EPRS or the District by the 10 th o District obtains employment data from local entities and contractors by the 10 th o District submits department contractor and local entity data to CST by the 11 th o CST compiles all employment data and submits Oberstar data by the 12 th and 1587 Summary to FHWA by the 20 th 26

27 ARRA Form FHWA-1589 Corrections and End Date o Contractor and local entity changes will be allowed for previous months submission before the deadline for the current month (1 month for corrections). o Must report monthly from start of work to September 2012 or completion of the project, whichever comes first 27

28 ARRA Reporting Factors o Include discussion of ARRA reporting at pre- construction meeting o At pre-con, provide required forms with project level data completed o At pre-con, identify if project should be reported manually, by contractor via EPRS, or district entry into EPRS o All ARRA reporting is against each Federal project number (i.e. individual CSJ) o The individual CSJ does not appear in EPRS. Only the CCSJ. o Local administered projects do not appear in EPRS. o For combined CSJ s, monthly reporting will be distributed to CSJ s s by CST and the district. o Local administered projects must be reported to CST manually, not through EPRS. 28

29 Section 1511 Certification, FHWA-1586, FHWA-1587, and Oberstar - Reporting will be addressed by divisions. FHWA-1585 and Districts will collect data from local entities and contractors. FHWA Contractors to submit to districts and local entities. 29

30 Possible Changes to and Additional Reporting Requirements Not aware of pending changes, but there could be additional - o State Requirements, or o Other Federal Requirements 30