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June 29, 2020
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Featured Content
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ODOT Clarifies Payroll Reporting Requirements for Salaried Supervisors
OCA staff has been notified by ODOT’s Division of Opportunity, Diversity and Inclusion that ODOT is not requiring the reporting of salaried employees that are exempt from Prevailing Wage. There isn’t a change in reporting requirements. The changes to CRL just now allow for the reporting of the (rare) instance where a salaried employee (like a working foreman) ends up doing manual work for over 20% of their work week. This is the same as it always has been, CRL just didn’t allow for that salaried person to be entered in that way. If that were to happen, you would have the ability to enter in the person’s salary, along with whatever craft they were working in, and CRL will break up the salary into hourly wage.
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Register for OCA's "Pleased to Meet You..." with ARTBA Leadership
Register now for the next program in OCA's "Pleased to Meet You..." series. On July 7th at 9:00am, OCA President, Chris Runyan, will be interviewing leadership from ARTBA. This will be a great opportunity to get a Washington, D.C. update on transportation infrastructure investment and policy issues, construction safety and economics. Click here to register:
URGENT ACTION ALERT
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Tell Congress and President Trump to advance the $1.5 trillion infrastructure bill! The Moving Forward Act (H.R. 2) provides resources to build roads and bridges, public transit, airports, schools, hospitals, affordable housing, water infrastructure, locks, dams, levees and more. With 1,187,000 construction workers unemployed, our elected leaders must act now to protect existing and create new construction jobs!
Due to the unprecedented impact of the pandemic, state and local governments face significant budget shortfalls that are putting immense pressure on public agencies to delay or cancel construction projects. This comes on top of many private owners, developers, and investors—facing vast uncertainty—drastically cutting back on future construction projects.
Bipartisan improvements are needed to address some of the underlying policies in H.R. 2. However, without passing legislation that provides robust levels of infrastructure investment, the construction industry could experience substantial market reductions, threatening the viability of thousands of construction firms and jeopardizing hundreds of thousands of construction jobs.
Click the "Take Action" button below and simply submit the pre-written message as is to your members of Congress and President Trump or customize it with personal information on how this issue impacts you and your employer.
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The declines in state tax collections are expected to well exceed the 11.6 percent drop experienced during the Great Recession, with some states anticipating declines of more than 20 percent. Meanwhile, 88 percent of cities expect a revenue shortfall this year. And, counties could lose $144 billion through fiscal year 2021. Similarly, devastating revenue losses in the hotel and lodging, retail and restaurant industries are leading to grim outlooks for future construction.
In response to AGC surveys, more than two-thirds (69 percent) of contractors report having a project canceled or delayed since the start of the pandemic in early March. An increasing share of respondents report that projects they expected to start in June or later this year have been canceled.
Amid these dire public and private construction economic indicators, Congress and President Trump must enact a robust infrastructure package to combat the threat of more project delays, cancellations and, ultimately, construction firm closures and worker layoffs.
Taking action is easy. Simply click the “Take Action” button to submit the pre-written message as is or customize it with personal information on how this issue impacts you and your company. If you would like to forward the alert to colleagues and friends, please wait for the instructions that will be included in the confirmation email after you take action.
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Sales or Use Tax on Temporary Traffic Maintenance Equipment
OCA has recently received questions regarding the refund of sales tax on traffic maintenance equipment in light of a court case involving Karvo Paving Co. v. Testa. In response to those questions, we have contacted the firm of Hahn Loeser & Parks LLP, who represented Karvo Paving in the case, to provide a brief narrative of the details of the issue and how it was adjudicated by the Court of Appeals. It is recommended that pursuit of sales or use taxes on traffic maintenance equipment as contemplated by this case be thoroughly discussed with your tax advisor prior to taking any action. To view the case summary prepared by Ivan Golden of Hahn Loeser & Parks, LLP, please click here.
Legislative Update - Prevailing Wage Loophole Closed
Senate Bill 4, recently approved by the Ohio General Assembly, closes the loophole that allowed Transportation Improvement Districts (TIDs) to avoid prevailing wage requirements. When initially created in law, these innovative financing entities were exempt from prevailing wage requirements. This exemption was granted based on the limited number of TIDs at the time and the initial focus of using private funds to construct public improvements.
There are now 47 TIDs in Ohio with more than $300 million in projects under development. And, we recently learned of a county where the TID was used to construct public improvements with public funds to avoid prevailing wage requirements.
The amendment approved does not eliminate the prevailing wage exemption. Instead, the law now states that if public funds are used and the amount of public funds meets or exceeds the current prevailing wage threshold, prevailing wage is required. This change protects the exemption when private funding is being used but maintains the integrity of Ohio’s prevailing wage when public funds are used.
We are grateful to Speaker Larry Householder and Senator Matt Dolan for championing this issue for us.
In other good news, SB 4 also provides $255 million in capital funding for Ohio Public Works Commission programs. The funding includes $175 million for the State Capital Improvement Program (SCIP), $37.5 million for Clean Ohio, and $42.5 million in loan funds.
FDA Advisory – Toxic Methanol in Some Hand Sanitizers
The Food and Drug Administration (FDA) advises consumers not to use any hand sanitizer manufactured by Eskbiochem SA de CV in Mexico, due to the potential presence of methanol (wood alcohol), a substance that can be toxic when absorbed through the skin or ingested-
https://www.fda.gov/drugs/drug-safety-and-availability/fda-advises-consumers-not-use-hand-sanitizer-products-manufactured-eskbiochem
• All-Clean Hand Sanitizer (NDC: 74589-002-01)
• Esk Biochem Hand Sanitizer (NDC: 74589-007-01)
• CleanCare NoGerm Advanced Hand Sanitizer 75% Alcohol (NDC: 74589-008-04)
• Lavar 70 Gel Hand Sanitizer (NDC: 74589-006-01)
• The Good Gel Antibacterial Gel Hand Sanitizer (NDC: 74589-010-10)
• CleanCare NoGerm Advanced Hand Sanitizer 80% Alcohol (NDC: 74589-005-03)
• CleanCare NoGerm Advanced Hand Sanitizer 75% Alcohol (NDC: 74589-009-01)
• CleanCare NoGerm Advanced Hand Sanitizer 80% Alcohol (NDC: 74589-003-01)
• Saniderm Advanced Hand Sanitizer (NDC: 74589-001-01)
FDA tested samples of Lavar Gel and CleanCare No Germ. Lavar Gel contains 81 percent (v/v) methanol and no ethyl alcohol, and CleanCare No Germ contains 28 percent (v/v) methanol. Methanol is not an acceptable ingredient for hand sanitizers and should not be used due to its toxic effects.
Embrace Remote Online Bidding with Bid Express®
Infotech and the Ohio Department of Transportation (ODOT) have partnered together to encourage local agencies to use Bid Express for secure online bid submission. As the latest evolution of a 34-year working relationship, this effort is focused on meeting the needs of contractors, local agencies, and ODOT through a standardized bidding process. Bid Express allows contractors to submit sealed and secure bids from any internet-connected device, with additional benefits like omission alerts and smart forms.
As we continue to adapt to the ongoing COVID-19 pandemic, methods for remote bidding are essential to allowing public infrastructure work to continue unabated. The goals of ODOT Local Programs Office piloting Infotech's Bid Express service at Bidexpress.com are as follows:
• Standardizing bid forms for federal and state-funded projects for all LPAs to use
• Encouraging LPAs to use ODOT’s Item Master numbering system so ODOT can more accurately track and analyze price item data
• Assisting LPAs with questions surrounding the legality of receiving bids/responses electronically
• Providing a safe and secure method to submit bids remotely during the COVID-19 pandemic
Ready to start using Bid Express? Follow the link below to learn more about the partnership between ODOT and Infotech and get started with secure online bidding.
CTA Button Link: https://www.infotechinc.com/odotbidding/
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Click here to see the May/June Edition of the Ohio Contractor Magazine |
City of Middletown Bridge Project Bid
The City of Middletown is re-bidding a bridge deck replacement project due to a low number of bidders on the original advertisement. Potential bidders can obtain a bid book by contacting Michelle Evans at 513-425-7935, or [email protected]. The drawings can be downloaded here: https://clouddrive.cityofmiddletown.org/url/efq6whm7bu4b3k2j.
Please contact Rob Nicholls at [email protected] or (513) 425-7710 with any questions.
House Committee Approves Multi-Year Transportation Bill
The House Transportation & Infrastructure (T&I) Committee June 18 approved in a party-line vote legislation to reauthorize the nation’s surface transportation programs. The bill would authorize $494 billion over five years, including $309 billion for highways (a 42 percent increase over current levels) and $105 billion (72 percent increase) for the public transit program.
Worksite Traffic Supervisor (WTS) Prequalification Testing
On behalf of ODOT’s Division of Construction Management and Office of Roadway Engineering, registration is now open for the following sessions of Worksite Traffic Supervisor (WTS) Prequalification Testing.
• July 7 – Morning »Click here to register.
• July 7 - Afternoon »Click here to register.
• August 4 – Morning »Click here to register.
• August 4 – Afternoon »Click here to register.
Click here to access the PDF flyer with recent updates.
Prerequisites – Do not register for WTS Prequalification testing until the prerequisites have been completed. Please see the online registration form and flyer for details.
Pre-registration is required for WTS Testing. Due to social distancing requirements per COVID-19, seating capacity is limited for each session.
Please review the important updates and new safety protocols as described per the links above.
Looking ahead, additional sessions of WTS Testing will be announced during the next several weeks.
Quick Links to On-line OCA Resources
• Current Ohio Contractor Magazine
• Safety Resources
• Labor & Employment Information
• OCA President's Commentary
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