Construction Field Services
Q 18. A company (#1) was contracted to perform work & now doesn't have resources to complete all work tasks. Another project subcontractor (#2) provided a quote to perform part of the work. Can #1 show #2 employees on their certified payroll submittals?
Materials Technology and Control:
Q 1. What is an Approved Manufacturer and how do I become one?
Q 2. What is an Approved Supplier and how do I become one?
Q 3. What is a Qualified Product (QPL) and how do I get mine evaluated and/or approved?
Q 4. What is a "New Material" and how do I get one evaluated?
Q 5. What is the Materials Source Guide (MSG) and how does it affect me?
Q 6. How do I get copies or access to the Materials Source Guide, Standard Specifications for Construction and the Materials Quality Assurance Procedures Manual?
Q 7. As a Contractor on an MDOT job, what documentation is required on materials?
Q 8. Can non pre-approved materials be used on an MDOT job?
Q 9. What is a Special Provision?
Q 11. Who should I contact if there is a change in the materials being used on an MDOT job?
Q 12. What are your business hours?
Prompt Pay:
Q 1. Does the Project Engineer sign off on the Prime Contractor's prompt pay entries in MERS?
Q 2. Do the sworn statements and waivers of lien absolve the Prime Contractor from having to pay if the subcontractor submits these documents and it is discovered that the subcontractor did not pay?
Q 3. How does MDOT verify that the Prime Contractor has collected the appropriate sworn statements and lien waivers?
Q 4. Is the Prime Contractor to submit the sworn statements and waivers of lien to the Project Engineer and will they get paid if they do not submit the documents?
Q 5. Are subcontractors to confirm payment from the Prime Contractor within the MERS system?
Q 6. What happens if a Prime Contractor is not aware of all their sub tier subcontractors, suppliers, etc. and later is made aware that one of these companies was not paid?
Q 7. What is the time limit for projects with weekly pay estimates?
Q 8. Is there a guidance document on how to use MERS?
Q 9. What should be done if a subcontractor does not provide the sworn statements and/or waivers of lien? Will the Project Engineer release a payment for all work except work by that specific subcontractor?
Q 10. Does the Prime Contractor have to report all non-DBE truckers and non-DBE suppliers on the 2124A?
Q 11. Do all DBE truckers and DBE suppliers need to be reported?
Q 12. Do I need to report the work/service classification code for all subcontractors, etc.?
Q 13. Subcontractor X is the first subcontractor on site and the second 2124A form submittal still shows $0.00 for that subcontractor, what should the Engineer do?
Q 14. Does the contractor's bi-weekly reporting periods on form 2124A have to match the projects pay estimate bi-weekly periods? For instance, can a project office process pay estimates every two weeks for all jobs and keep them all on the same rotation
Q 15. Is there a website for referring contractors who may have frequently asked questions? Is there a person who serves as the primary point of contact for questions on form 2124A?
Q 16. As Prime Contractor am I to report the total amount paid to all DBE firms regardless of tier of subcontracting?
Q 17. Is a contractor allowed to withhold payment from a subcontractor on project X if the subcontractor is having completion of work or downstream payment issues on project Y with the same contractor?
Additional references on Davis Bacon Act/Davis Bacon Related Act.
Does it matter who employs the truck driver for the application of Davis Bacon?
Q 2. Are truck drivers employed by a construction prime contractor to transport materials from the contractor plant or yard to a Davis-Bacon covered project, or from a Davis-Bacon covered project to the contractor's plant or yard covered?
Q 3. Is the time drivers spend transporting materials or equipment from one Davis-Bacon project to another Davis-Bacon project covered?
Q 4. Are drivers transporting material or equipment away from a Davis-Bacon project or another project of the contractor which is not a Davis-Bacon project covered?
Q 5a. When truck drivers are engaged in hauling excavated material, debris, dirt, asphalt, etc., for recycling away from a Davis-Bacon covered construction site, is the time spent loading at the site covered?
Q 5b. When truck drivers are engaged in hauling excavated material, debris, dirt, asphalt, etc., for recycling away from a Davis-Bacon covered construction site, is the time transporting the material away from the site covered?
Q 5c. When truck drivers are engaged in hauling excavated material, debris, dirt, asphalt, etc., for recycling away from a Davis-Bacon covered construction site, is the time unloading the material covered?
Q 6. Are truck drivers who are employed by an independent contractor or bona fide materialman to haul material to a covered project from a non-covered supply source (i.e., sand or gravel pit, asphalt plant serving the public in general) covered?
Q 7. Are truck drivers covered for the delivery of materials to the "site of work" from covered supply sources (e.g., batch plants or borrow pits, stockpiles, etc.) which have been established to serve exclusively, or nearly so, the covered project?
Q 8. A barricading company supplies traffic control products for 20 Davis-Bacon projects. The devices are dropped off and picked up at the contractor's yard for each project. No setup work is involved. Are the employees of this company covered?
Q 9. Would these workers be covered if they are not only involved in drop off/pick up, but are also involved in setting up and servicing the traffic control products?
Q 10. What prevailing wage rate would apply to the workers in the above example?
Q 11. On the same or the next day, this company sets the drums and temporary signs along the shoulder of the road for the prime to set into position when construction begins. What are the Davis-Bacon rules for this situation?
Q 12. Does it matter if the barricading company is working with a sub-contract or a purchase order, for the purposes of applying Davis-Bacon rules?
Q 13. The manufacturer of concrete box beams delivers 10 beams to a Davis-Bacon covered project. After beams are set and the manufacturer sends a technician out to the project to post tension the beams. Is the post tensioning of the beams covered?
Q 14. The contractor hires a company to provide inspection services for the contractor's quality control operations on a Davis-Bacon covered project. Are the inspectors subject to prevailing wages?
Q 15. The contractor hires an engineering firm to provide surveying and staking activities for a Davis-Bacon covered project. Are these workers subject to prevailing wages?
Q 16. Does Davis Bacon apply to warranty work?
Q 17. How are truck drivers covered on "split-trip" operations where a portion of the trip meets the criteria for DBRA coverage and the other portions of the trip do not.
Disadvantaged Business Enterprise (DBE) Performance of a Commercially Useful Function (CUF):
Q 1. What should a prime contractor do if it becomes aware that the DBE firm does not have the capacity to do the work it bids?
Q 2. Is it legal for a prime contractor or non-DBE company on the project to provide a line of credit, insurance, material or supplies to a DBE and still meet CUF requirements?
Q 3. With regard to CUF standards and violations, who makes the final determination if a violation occurs?