bill goldstein - diversity agenda

Bill GoldsteinSenior Advisor to the Mayor for Recovery Resiliency and Infrastructure

WELCOME

MODERATORS

Christine FlahertyAssociate Commissioner, Public BuildingsNYC Department of Design and Construction

Amy A. PetersonDirectorHousing Recovery Office

Amy A. PetersonDirectorHousing Recovery Office

REMARKS

REMARKS

Louis J. ColettiPresident and CEO, Building Trades Employers’ Association (BTEA)

REMARKS

Gary LaBarberaPresident, Building and Construction Trades Council of Greater New York

REMARKS

Christine FlahertyAssociate Commissioner, Public BuildingsNYC Department of Design and Construction

MEET A CONSTRUCTION MANAGER

Michael Burton National Operations Manager and Senior Vice President The LiRo Group

THE LIRO TEAM

• Over 700 local NY employees• Currently managing $15B in construction projects• National CDBG-DR and housing experts• Experience with NYC, NYS, NJ, TX, MS, LA housing recovery

programs

NY PROJECTS

• Tappan Zee Bridge, $4B• East Side Access, $6B• #7 Subway Line Extension, $2B• NYCSCA, On-Call CM Contracts, $750M• Kosciuszko Bridge, $700M• NYCHA, On-Call CM Contracts, $375M• SUNY Stony Brook Medical Center, $350M• Governors Island Redevelopment, $220M• NY Public Library, $150M • High Line Park, $152M• Hunters Point South, $65M

DDC PROJECTS

• Lower Manhattan Redevelopment• Times Square Reconstruction• FDNY Requirements Contract• 121st Precinct• Zerega EMS• The High Bridge• Marine Transfer Stations• Underground Storage Tanks• Snug Harbor Cultural Center• Brooklyn Botanic Garden• Chambers Street

TEAM ORGANIZATION

OPPORTUNITIES WITH LIRO

BUILD IT BACK PROGRAMDirect Hires: [email protected]

Contractors and M/WBE firms:[email protected]

Open RFQs for A/E, Borings, Surveying Services, visit:www.liro.com, click on Bid List on home page

GENERAL OPPORTUNITIESComplete LiRo Subcontractor Application Form, download fromwww.liro.com under Doing Business With LiRo.

mailto:[email protected]


http://www.liro.com/

http://www.liro.com/


Jay BadamePresident and COOTishman Construction, an AECOM Company

Billy Sullivan PrincipalSLS


ABOUT SLS

• Privately held Company founded in 1995

• Company remains an independent firm specializing in HUD CDBG-DR Grant Administration and both vertical/horizontal construction and development.

• SLS performs work across the United States, with a large concentration of work performed within the East Coast and Texas Gulf Coast regions. o East Coast Offices are in New York, New Jersey, & South Carolina. o Gulf Region locations are throughout Texas (San Antonio, Houston,

Galveston, and Weslaco) and Louisiana.

BUILD IT BACK IN STATEN ISLAND

• SLS is the CM assigned to oversee the NYC BIB Staten Island Projects and we need General Contractors.

• Currently approximately 705 projects are initially expected to move to construction starting in September 2015.

• Primary Scope of Services for construction:o Rehabilitationo Elevate with Rehabilitationo Reconstruction

BUILD IT BACK IN STATEN ISLAND

• The SLS team understands Builders because we are a builder as well• SLS knows HUD CDBG-DR Programs and knows how to get residents

back in homes• SLS is a team focused on

o Customer Service to all stakeholderso Teamworko Efficiencyo Qualityo Transforming Communities

PHILOSOPHY OF ACHIEVEMENT:

“The vision must be followed by the venture.Its not enough to stare up the steps-

we must step up the stairs.”

-Vance Havner

THE PQL PROCESS

John Goddard Agency Chief Contracting Officer,NYC Department of Design and Construction

THE PQL PROCESS

Ray RodriguezDirector,Contract Opportunity, NYC Department of Design and Construction

PURPOSE OF THE REQUEST FOR QUALIFICATIONS (RFQ)

• Construction Managers (CMs) will procure prime contractors through Pre-Qualified Lists (PQLs).

• In order to establish the PQLs, HRO and DDC issued Requests for Qualifications (RFQ) for eight different PQLs.

• Build It Back (BIB) construction projects will then be bid to the appropriate PQL, and only contractors who pre-qualified and are included on that PQL will be permitted to submit their bids for those projects.

• Benefits of establishing PQLs:– Shorter contract procurement and award times – Bids are received only from contractor who possess the requisite experience and

qualifications

EIGHT PRE-QUALIFIED LISTS (PQL)

• CDBG-DR funded, General Construction Work for 1 to 4 Family Homes over $300,000 for Residential Community Recovery

• CDBG-DR funded, Electrical Work for 1 to 4 Family Homes over $300,000 for Residential Community Recovery

• CDBG-DR funded, Plumbing Work for 1 to 4 Family Homes over $300,000 for Residential Community Recovery

• CDBG-DR funded, Mechanical Work for 1 to 4 Family Homes over $300,000 for Residential Community Recovery

• CDBG-DR funded, General Construction Work for 1 to 4 Family Homes $300,000 or Less for Residential Community Recovery

• CDBG-DR funded, Electrical Work for 1 to 4 Family Homes $300,000 or Less for Residential Community Recovery

• CDBG-DR funded, Plumbing Work for 1 to 4 Family Homes $300,000 or Less for Residential Community Recovery

• CDBG-DR funded, Mechanical Work for 1 to 4 Family Homes $300,000 or Less for Residential Community Recovery

DIFFERENCES BETWEEN THE PQLS

OVERVIEW OF THE RFQ PROCESS

• The RFQs are open with no end date at this time.

• Applications for inclusion on all eight PQLs are continuously available, and you may submit them to DDC at any time.

• Important: Only those contractors who are pre-qualified for a particular PQL and included on the PQL as of the bid solicitation date will be permitted to bid on projects selected for bidding to that particular PQL.

– DDC recommends contractors apply for inclusion on these PQLs as soon as possible

• You must submit a separate RFQ response for each PQL for which you are seeking pre-qualification.

OVERVIEW OF THE RFQ CONTENTS

• Part I of the RFQ– General description of the work that will be included in contracts bid to a specific PQL

• Part III of the RFQ– Experience requirements pre-qualified contractors must possess – All documents and exhibits that must accompany the RFQ submission

• Part V of the RFQ– Only those contractors already on the PQL as of the bid solicitation date will be

permitted to bid on projects selected fro bidding for the particular PQL

• Exhibit A, PQL Applicant’s Information

• Exhibit B, Qualification Form– One form for each qualifying project that the contractor is submitting as proof of the

requisite experience

• Exhibit C, Safety Questionnaire– Experience Modification Rate (EMR)

• Generated by the National Council of Compensation Insurance (NCCI) and used to determine premium for WC insurance

• Contact your insurance broker or NCCI– OSHA incident rate

• Required for all firms with 10 or more employees– Safety Performance on prior DDC projects, if applicable

EXHIBITS TO THE RFQ PART 1

EXHIBITS TO THE RFQ PART 2

• Exhibit D, Employment Questionnaire– Questions regarding contractor’s M/WBE status and SBS Certificate of Approval– Questions regarding contractor’s compliance with applicable laws

– Exhibit E, Vendex Compliance– Vendor and Principal Questionnaires must be filed with MOCS– Certificate of No Change

• Exhibit F– Compliance with Sandy Recovery Hiring Plan– See next slide

• Exhibit G, Certification– Must sign and confirm that read all the RFQ requirements and that information submitted

pursuant to the RFQ is correct

EXHIBIT F, SANDY RECOVERY HIRING PLAN

• A PQL contractor (as well as that contractor’s subcontractors) who is awarded a BIB construction project will be required to implement the Sandy Recovery Hiring Plan.

• Contractors and subcontractors awarded construction contracts above $300,000 are required to comply with the apprenticeship program and Project Labor Agreement (PLA) requirements set forth in the Sandy Recovery Hiring Plan as well as its other provisions, while contractors awarded construction contracts worth $300,000 or less must only comply with the other provisions (but not the PLA and apprenticeship requirements).

• The Sandy Recovery Hiring Plan encourages hiring Sandy-impacted residents as 20 percent of workers across the projects. HRO and DDC encourage contractors in Sandy-impacted areas to apply for any or all of the eight PQLs.

HOW TO OBTAIN THE RFQS

• General information about the RFQ process can be viewed at http://ddcftp.nyc.gov/rfqweb/

• Contractors can download the Build it Back RFQs from http://ddcftp.nyc.gov/rfpweb/– Registration is required prior to downloading the RFQs to ensure that all those who

downloaded the RFQs can be advised of any updates or revisions to the documents

• Questions regarding the RFQ submissions should be directed to:

– Ray Rodriguez 1 718 391 1505 email: [email protected]– Monika Beci 1 718 391 1128 email: [email protected]

http://ddcftp.nyc.gov/rfqweb/

http://ddcftp.nyc.gov/rfpweb/



USEFUL SUGGESTIONS WHEN COMPLETING THE RFQ

• Applicant Information – Be consistent and be sure to use the same business name throughout the entire PQL documents

• Sign both certification pages

• Exhibit F contains a certification signature that attests to the contractor commitment to complying with the Sandy Recovery Plan

• Exhibit G is a notarized certification required from the PQL applicant that attests to the truthfulness of all information provided in the PQL

EXHIBIT B – QUALIFICATION AND WORK EXPERIENCE

• Completed Projects within the last 5 years

• List 10 projects on page 6 of Exhibit B

• You must also provide detailed information for each of those 10 project on a separate Supplement to Exhibit B

EXHIBIT C (THE SAFETY QUESTIONNAIRE)

• Complete all sections and avoid missing or incomplete responses

• Corporate Safety Plan – Please provide a copy if you indicate your company has one

• Experience Modification Rate (EMR) – Provide EMR ratings for the last 3 years. When any one rating is greater than 1.0, please provide written explanation

• OSHA Information - Questions relating to wishful violations issued by OSHA or NYC DOB answered with a positive response require a written explanation

• OSHA Incident Rates – Provide written explanation for calculated rates which are higher than the standard rate for the type of construction PQL for which your firm is seeking certification. Incident rates are mandatory for PQL applicants with ten or more employees.

• OSHA logs – Please attach complete OSHA 300 and 300A forms for the past 3 years

EXHIBIT D (DLS EMPLOYMENT QUESTIONNAIRES

• For questions that elicit a “yes” or “no” response, if the response is “yes,” then please pay special attention to additional information or attachments that you may be asked to provide, including:

• Collective bargaining agreements

• Employee handbooks or manuals

• EEO policy statement

EXHIBIT E (VENDEX COMPLIANCE)

• Upon Submission of VENDEX questionnaires

• Be available to provide additional information to avoid a rejection of your packages after 5 days

• Keep in mind that Certifications of No Change expire after 90 days

• We request that you list the 3 top officers of the firm with one holding the position of Financial Officer

• Additional signatures of the principal officers are required on their principal questionnaires

• Please do not hesitate to contact the Public Access Hotline 212-334-0933 if you have any questions completing the questionnaires

EXHIBIT E (VENDEX COMPLIANCE CONTINUED)

• The VENDEX approval process further requires that:

• Any outstanding liens/warrants issued to the entity or its principals must be settled in full. If a payment plan is in place, please submit a copy, or provide proof of payment in the form of cancelled checks

• Applicable skilled trade licenses such as electrical, or plumbing, must be in place and current.

SECTION III(B)(D) (FINANCIAL RESOURCES)

• Qualified PQL contractors must demonstrate they possess sufficient financial resources to perform the work. Therefore, to allow DDC to complete its financial review, please submit with your application:

• Audited financial statements for the 3 most recent fiscal years

• In the absence of audited statements, please submit:

• Signed federal tax returns for the last 3 years• A certified review letter from a certified public accountant

• Scheduled of Aged Accounts Receivable

BUILD IT BACK

How to Work Under a Project Labor Agreement

Colleran, O’Hara & Mills, LLPMichael Bosso

• What is a Project Labor Agreement? (“PLA”)o What does it cover?o Interplay with collective bargaining agreements (“CBAs”).

• What terms and conditions are set forth in a PLA?o What are Taft-Hartley Funds?

• What are Union work Rules?

OVERVIEW

• What Dispute Resolution Procedures are found under PLAs?o Jurisdictional Disputes and the NY Plan.o Wage and Benefit Compliance.o Grievance and Arbitration Procedures.o Pre-Job Conferences.o Labor Management Committees.

OVERVIEW

• The Roles of Business Agents.

• Common Issues Faced by Contractors working under PLAs.

• Establishing Good Labor/Management Relations.

OVERVIEW

• Generally, a Contract between an umbrella Labor Organization and an CMor GC governing terms and conditions of employment on a project.o Different from Collective Bargaining Agreement (“CBA”).

o PLA covers all work performed on a specific job-site or on a specificproject. Once the project is over, the PLA is no longer effective.

o CBA usually covers all work performed by the employer in thegeographical and trade jurisdiction covered by the agreement duringthe period of the agreement.

WHAT IS A PROJECT LABOR AGREEMENT?

• Unlike a CBA, a Project Labor Agreement only applies to one project. You can work under a PLA for covered work while performing “uncovered work” outside of the PLA.

• The PLA spells out the project work covered under the PLA.

• The PLA standardizes certain work rules on the project across all trades.o i.e. – start times, hours of work, breaks, temporary services, etc…

INTERPLAY BETWEEN CBAS AND PLAS

• The PLA is comprised of:o The body of the PLA.o Signature pages.o Schedule A Collective Bargaining Agreements.o Letters of Assent (binds contractors to PLA).o Potentially other Attachments

• The Supremacy Clause governs the relationship between the PLA and CBA.


• The Supremacy Clause:o If the body of the PLA directly addresses an issue, the PLA provision

governs.

o If the PLA is silent on an issue that is addressed by the Schedule A CBA, then the CBA governs.


• Most PLAs include the following terms and conditions of employment:

• Scope of work:o This section defines the scope and nature of the project.o The PLA generally applies to all construction work performed on

the defined project. o Construction contracts for all construction work for Hurricane

Sandy Community Recovery including construction for rehabilitation, elevation, and reconstruction of detached, semi-detached, and fully attached, one to four family homes and common spaces and individual units in one to four family buildings. Each PLA will estimate the number of units covered under the PLA.

TERMS AND CONDITIONS OF EMPLOYMENT.

• Wages o Generally refers to the CBA (Schedule A) for the particular trade.

Outlines any adjustments.

o Outer Borough Residential PLA provides for the equivalent of a 20%reduction on payroll costs attributable to wages and benefit. Can beaccomplished through direct reductions, targeting, or through CBreductions for residential work.

• Benefitso Binds contractors to jointly trusteed Trust Agreementso Taft-Hartley funds jointly trusteed by representatives of labor and

management.

TERMS AND CONDITIONS CONTINUED

• Trustees have fiduciary responsibilities.o The funds are governed by ERISA and their internal governing

documents. (i.e. a declaration of trust).

• The PLAs place an obligation on the employer to contribute to the Funds.

• The Trust Agreements OR CBAs set forth how contributions are paid into the fund and how benefits are paid out.

TAFT HARTLEY FUNDS

• Sometimes party to PLA submits benefit disputes to PLAs grievance andarbitration procedure.

• However, PLA states that benefit delinquencies will be governed by CBAs.

• Pursuant to Federal Law, Taft-Hartley Funds can pursue delinquent benefitpayments in Federal Court.

TAFT HARTLEY FUNDS UNDER PLA

• Union Recognitiono CM and contractors recognize the Unions as the sole and exclusive bargaining

representative for Craft Employees performing Project Work.• Overtime – per CBA.

o Overtime rate of pay (i.e. double time v. time and a half).o Overtime hours (is it a 7 or 8 hour trade).

• Shift work – per CBA.o What is shift work?o What’s the premium for shift work?

• Breaks• Apprentices.


• Union referral.o Process for referring members from referral systems.o Qualified workforce.

• Management’s Rights• Foremen and stewards.• Site access rules.• No strike/ No lockout provisions.• No discrimination provisions.• Severability clause.• Duration of Agreement.• Dispute Resolution.


• The PLA standardizes start times, breaks, use of apprentices.• PLA refers to Schedule A CBA for overtime, shift work, and weekend work.• Under the Supremacy clause, anything not explicitly set forth in PLA is

covered by Schedule A CBA, i.e.:o Manpower requirements.o Holidays.o Reporting pay.

UNION WORK RULES

• There are different dispute resolution procedures within a PLA dependingon the type of dispute:o Jurisdictional Dispute?o Contract interpretation dispute?o Fringe Benefit Delinquencies?

• Consider the type of dispute at issue and make sure you are in the appropriate forum.

DISPUTE RESOLUTION

• Step 1 - Most disputes should be addressed, in the first instance, on thejob site with a steward or business agent and appropriate representativeof the contractor.

• If the dispute cannot be resolved on the jobsite, it may proceed to aStep 2 mediation.

• If mediation is not successful, the parties may proceed to Arbitration.

DISPUTE RESOLUTION CONTINUED

• What is a jurisdictional dispute?o A jurisdictional dispute when the contractor assigns particular work to

a specific trade and another trade claims that the work was improperly assigned

o By virtue of being members of the Building and Construction TradesCouncil, affiliated Local Unions are bound by the New York Plan.

o The New York Plan is the recognized mechanism for resolvingjurisdictional disputes in PLAs with the Building and ConstructionTrades Council.

JURISDICTIONAL DISPUTES

• What is the NY Plan?o The Plan has been in existence for over a century and has helped

maintain stability.o Three step process for resolving jurisdictional disputes that includes a

jobsite meeting, step 2 mediation, and final and binding arbitration.

• Aims to promote settlement between the parties.

THE NEW YORK PLAN

• If a dispute reaches final and binding arbitration, contractors may be asked to testify and provide evidence supporting a particular trades claim to work.

• Most important factor to be relief upon by arbitrator is whether or not there is a prior decision of record.o The “Green Book” houses prior NY Plan decisions.o Other decisions of record can include agreements between the Local

Unions or International Unions.

THE NEW YORK PLAN

• By requiring the trades to resolve disputes through the NY Plan, the Plan prevents work stoppages and requires work to continue while the dispute is being resolved.

• By signing onto Project Labor Agreements, Contractors and subcontractorsrecognize the New York Plan as the sole dispute resolution procedure forresolving jurisdictional disputes and agree to follow and enforce thedecisions and resolutions reached through the Plan.

THE NEW YORK PLAN

• Under some CBAs, the failure to pay wages and benefits may constitute anunlawful lockout.

• Under some CBAs, failure to pay wages and benefits may provide theUnion with the ability to sit workers and/or withhold labor.

• Under some CBAs the Union can grieve a contractor’s failure to pay wagesand benefits under the CBA.o The CBA will set forth whether these disputes ultimately go before an

arbitrator or a Joint Trade Board.

BENEFIT COMPLIANCE

• PLAs have a requirement for contractors to call pre-job conferences prior to commencing work on the job site.o Discuss scope of work performed by the contractor.o Discuss assignment of work between trades working for contractor.o Try to foresee potential disputes and resolve them before work starts.

• PLAs also provide for Labor Management Committees.

OTHER DISPUTE RESOLUTION MECHANISMS

• Who are they and what do they do?o Most local unions either elect or appoint Business Agents or Business

Representatives.o They assist in representing membershipo Police and enforce CBAs and PLAso Resolve disputeso Visiting job siteso Discuss labor management issues with contractors’ on-site

representatives.

BUSINESS AGENTS

• Business Agents are only responsible for the members of their trade.

• They can be a good resource in helping understand trade specific work rules.

• Contact them at the beginning of the job.

• If there is a jobsite dispute or a grievance, you will most likely deal with the Business Agent.

BUSINESS AGENTS

• Labor Unions operate in an environment of strict government oversight.o The National Labor Relations Act, Labor Management Relations Act,

and Labor Management Reporting and Disclosure Act all govern theoperations of Unions and place obligations and restrictions on Unionofficials, representatives and members.

o Taft-Hartley Funds are governed by Employee Retirement IncomeSecurity Act and place obligations on the Funds and their trustees.

COMMON ISSUES FACED BY CONTRACTORS IN DEALING WITH PLAS AND LOCAL UNIONS

• One such obligation imposed by these laws is the “Duty of Fair Representation.”o Union officials and representatives are required by law to represent their

members in a full and fair manner.

o Cannot arbitrarily, capriciously, or discriminatorily ignore member complaints or grievances.

o Must enforce the provisions of the PLA, unless there is some compelling reason not to do so.

o Grievances are not about giving a contractor a hard time, they’re about representing their members and fulfilling their legal obligations.


• Some contractors do not always understand the trade jurisdiction of the Union.o Contacting a trade to discuss recently awarded work before the

project commences can be helpful.

o Consider whether you have proper trades performing appropriatework.

• Fringe Benefits must be paid when due, not when the contractor is paid.


• The relationship does not have to be adversarial.o Again, both parties have an interest in each other’s growth and

existence.

o Spending time to address potential issues can save time and moneydown the road.


• Communication – Probably the most important ingredient.o It starts at the beginning of the job, sometimes before the work itself

starts.

o Take the time to contact the appropriate business representatives before work starts.

• Introduce yourself.• Let them know you’ve been awarded work.• Discuss what the project entails, how you envision performing the

work, and discuss how you can get workers to staff the job.

ESTABLISHING GOOD LABOR/ MANAGEMENT RELATIONS

• PLAs understand the value of communication and provide a requirement for pre-job conferences in order to help get everyone on the same page before the job starts.

• Communication should not start or stop once the job startso Stay in touch, do not allow seemingly small issues to develop into

larger ones.o Listen to each other, try to understand the other side’s point of view.


• Respecto You can disagree without being disagreeable.

o Everyone has to eat and everyone has a job to do.

o Insults do not help build a relationship and never win an argument.


bill goldstein - diversity agenda

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