Sample A: Color Report Template Word docx - Ohio



right7686675Prepared by The Ohio Department of Transportation’s Office of Local Programs, Division of Opportunity, Diversity, and Inclusion, and Office of Alternative Project Delivery00Prepared by The Ohio Department of Transportation’s Office of Local Programs, Division of Opportunity, Diversity, and Inclusion, and Office of Alternative Project Deliverycenter365760LPA GoFormz/ SharepointFrequently Asked Questions Prompt Payment, DBE Goal Attainment, Retainage, Commercially Useful Function00LPA GoFormz/ SharepointFrequently Asked Questions Prompt Payment, DBE Goal Attainment, Retainage, Commercially Useful Functioncenter1754505044958004152900002276475415226500104140415290000-190500256222500centercenter 00 Frequently Asked QuestionsContents TOC \o "1-3" \h \z \u General PAGEREF _Toc51767921 \h 2GoFormz Prompt Payment PAGEREF _Toc51767922 \h 3SharePoint Implementation PAGEREF _Toc51767923 \h 7Commercially Useful Function (CUF) Specific PAGEREF _Toc51767924 \h 8GeneralWhen does the GoFormz/ SharePoint system go live on LPA Local-let projects? All Local-Let LPA projects advertised after October 1, 2020 will be required to use the GoFormz application for CUF and Prompt Payment. You are only required to use GoFormz Prompt Payment / CUF for those projects that advertise after 10/1.Do LPAs need to start using GoFormz on Local-let projects that have already begun work before October 1, 2020?No. The requirement of the new electronic CUF form to be completed by the LPA and the new electronic Prompt Payment form to be completed by the Prime Contractor both via the GoFormz application is not currently mandated until the advertisement of a Local-let LPA project after October 1, 2020.Is it possible to utilize GoFormz on LPA Local-let projects that are currently underway?Yes, LPAs are permitted to adopt GoFormz for the CUF and Prompt Payment forms before the mandatory 10/1/2020 date.Who completes the CUF form and the Prompt Payment form in the GoFormz application?The LPA is responsible for completing the CUF form in the GoFormz application. The Prime Contractor is responsible for completing the Prompt Payment form in the GoFormz application. These are the only two forms to be completed in GoFormz for a Local-let LPA project.How do I get a GoFormz account as a LPA or Prime Contractor?A LPA or Prime Contractor must first have a MyODOT account in order to receive a GoFormz account. Once a LPA or Prime Contractor has a MyODOT account, email GoFormz.Help@dot. with the necessary MyODOT email account information to receive a follow up email with GoFormz credentials.If a Prime Contractor having difficulty with GoFormz, who should the contact for assistance?The Prime Contractor should first contact the LPA with any GoFormz issue. Should the issue persists, the parties should contact their respective ODOT District Construction Monitor.Will the requirement of GoFormz by the LPA and Prime Contractor be a contractual requirement?Yes. The LPA Federal Bid Doc Template and the incorporation of Proposal Note 31 – Prompt Payment will be a standard contractual obligation for LPAs and Prime Contractors for all LPA Local-let projects advertised after October 1, 2020. This contract specification may not be waived by the individual Local Public Agency participating in a project with Federal monies.As an LPA or Prime Contractor, why should I “tag” the individual CUF or Prompt Payment forms in GoFormz?The tagging function will help either the LPA utilizing the CUF forms in the GoFormz application or the Prime Contractor utilizing the Prompt Payment in the GoFormz application. Once the forms are completed, they do get routed to the proper folders in SharePoint. But, as a user of GoFormz and as one acquires more projects, the saved file names will look very similar upon logging in. Tagging a form with project specific data will help the user navigate to the correct project to access existing dataWhat if the Prime Contractor has more subcontractors, DBEs, or material suppliers than listed on the Prompt Payment form in GoFormz?The Prompt Payment form in the GoFormz application will be modified before October 1, 2020 to include more subcontractors, DBEs, and material suppliers.The company I work for uses an electronic reporting system other than GoFormz. If this program can produce either the CUF or Prompt Payment forms and can link to the Department’s SharePoint system, is this permissible?Unfortunately in these instances, any other system besides GoFormz will not allow the Department to capture the necessary information. Behind the scenes, ODOT's IT has developed an Automated Programming Interface or API that allows the Office of Opportunity, Diversity, and Inclusion to grab the correct CUF, Prompt Payment, and DBE Goal Attainment data live across all LPA projects. This need was the reason the Department selected GoFormz.Can a LPA open a form that the Prime Contractor completed or vice versa?The LPA should only complete the CUF Form and the Prime Contractor should only complete the Prompt Payment form in the GoFormz application. Once the forms are completed by the respective parties, a PDF version of the content will automatically be uploaded to SharePoint for viewing by the LPA.Can the LTAP webinars provided in September of 2020 be made available for viewing?The LTAP LPA webinar detailing GoFormz and SharePoint for LPA Local-let projects can be found on the following link. Prompt PaymentIt appears the Prompt Payment form needs to be completed by the Prime Contractor and verified by the LPA Construction Project Engineer (CPE), is this correct?The Prime Contractor will complete the Prompt Payment form. The LPA or CPE will verify the form is completed before processing the next invoice. This will be completed in SharePoint. Who is the responsible party for signing the Prompt Payment form in the GoFormz application? Does the person have to have ODOT signature authority or be a company officer?The person signing the Prompt Payment form on behalf of the Prime Contractor does not need ODOT signature authority. The signature is representation that the Prime Contractor acknowledges all information contained in the Prompt Payment form in GoFormz is correct.When does the Prompt Payment form in the GoFormz application need completed?The Prompt Payment form is to be completed once the Prime Contractor receives payment from the LPA and Department for the respective invoice and the subcontractors, DBEs, and material suppliers are paid. The Prompt Payment form needs to be accurately completed by the Prime Contractor before the next invoice is processed.Is the LPA responsible to check the Prompt Payment form to ensure the Prime Contractor is paying all subcontractors, DBEs, and material suppliers in 10 days? What if the Prime Contractor fails to pay within 10 days?The LPA will be responsible to ensure the Prime has paid all subcontractors, DBEs, and material suppliers within the 10 calendar days. Should the Prime Contractor fail to pay within 10 calendar days, they will fall under the sanctions set forth in Proposal Note 31 - Prompt Payment. Proposal Note 31 will be a standard proposal note on all Local-Let LPA contracts.What if the Department or LPA is late in getting the Prime Contractor payment for the respective invoicing period?The 10 day prompt payment timeframe specification for the Prime Contractor to pay subcontractors, DBEs, and material suppliers begins once the Prime is in receipt of payment.What are the repercussions to the Prime Contractor if a subcontractor fails to submit an invoice in order to be paid within 10 days or is not compliant with their certified payrolls?The Department would not hold the Prime Contractor to the 10 day prompt payment time frame for that specific subcontractor or DBE should they not properly invoice the Prime Contractor in a timely manner. The same is true for certified payrolls. However, it is the Prime Contractor's responsibility to help the subcontractor or DBE rectify any outstanding issues.Are the GoFormz Prompt Payment form and the AASHTOWare Civil Rights and Labor (CRL) Prompt Payment systems the same or different?A construction project can be either ODOT-let or Local-let. ODOT-Let means the construction of the project is controlled by ODOT forces and the project management will be housed in SiteManager and CRL. If a project is Local-let, the LPA is in control of the construction. These projects are not housed in SiteManager and CRL and thus the reason to create the new Prompt Payment form through the GoFormz application. Both the CRL Prompt Payment and now the LPA Prompt Payment form are designed to monitor Prime to Subcontractor, DBE, and Material Supplier payment within 10 calendar days.If the Prime Contractor is to use the Department warrant date to start the 10 day clock in a Direct Pay situation where payments are being made by the LPA and ODOT, then the Prime Contractor may be paying the subcontractors, DBEs, and material suppliers before they have received all payment for the work. Is it acceptable for the Prime Contractor to pay subcontractors a percentage based on the amount of money paid out from the invoice?For a "Direct Pay" situation in which the Prime receives payment from both the LPA and the Department (typically 20% and 80% respectively), the LPA often gets their payment to the Prime Contractor before the Department. The Prompt Payment form within the GoFormz application does not have the functionality to breakout the total invoice into percentages. If the LPA is later than the Department getting payment to the Prime Contractor in a Direct Pay environment, please contact the ODOT District LPA Construction Monitor and the Department will work to re-designate the actual payment received date on the Prompt Payment form.How will the Prime Contractor know if the LPA Local-let project is a “Reimbursement” or “Direct Pay” project with regard to invoice payment?The LPA is responsible for communicating this information to the Prime Contractor, preferably at or before the preconstruction meeting. The LPA should clearly designate the project as either "Reimbursement" or "Direct Pay." Should the project be Direct Pay, the Prime Contractor should know the Department will be responsible for the federal portion and the LPA will be responsible for the local match (typically 80% and 20% respectively).Do the Subcontractors need to do anything in GoFormz verifying receipt of the payments?No. Subcontractors, DBEs, and Material Suppliers will not have access to the GoFormz Application and will not be required to verify receipt of payment.How does the Prompt Payment form in the GoFormz application address invoice money owed to the Prime Contractor?The Prompt Payment form via the GoFormz application is set to track all payments between the Prime Contractor, subcontractors, DBEs, and material suppliers based off of the total invoice. The Prompt Payment form initially has an "Invoice Total." Payments to the Prime Contractor, subcontractors, DBEs, and material suppliers will be deducted from the Invoice Total in the respective cells. The form has logic built in and will highlight when the totals to the Prime Contractor, subcontractors, DBEs, and material suppliers do not add up to the Invoice Total. What should the Prime Contractor do if there are multiple subcontractors on an estimate, but they are not all paid on the same date?The expectation for the date entered for the "Date Prime sent Payment to Subcontractors" will be the date the last subcontractor, DBE, or material supplier got paid. Subcontractors, DBEs, and Material Suppliers can be individually paid any time in the 10 day window by the Prime Contractor. The Department and LPA is concerned about the date the last subcontractor, DBE, or material supplier gets paid.For instances where subcontractors are withheld retainage by the Prime Contractor, would the gross or net amount be shown as paid on the Prompt Payment form in GoFormz?Traditionally the Department sees Prime to Sub retainage held during the first invoice in which a subcontractor begins work. The Department's expectation is that the retainage fields will be cumulative for each invoice. Since the Prime Contractor is required to complete and upload each invoice to the LPA project specific SharePoint site, the LPA and Department will be able to review and see the amount of retainage withheld or released per invoice for the duration of the project. The values entered into the Prompt Payment form would be the gross amount accounting for all other retainage from previous invoices.Is the Prompt Payment form in the GoFormz applicated required on ALL projects or only Federal Projects with a DBE requirement?The LPA Prompt Payment form in the GoFormz application is required for all Local-let LPA projects regardless if the project has federal funds or not. Prompt Payment is an ORC requirement and therefore applies to state funded projects as well. The Department is currently addressing the need for a specific Prompt Payment form for state funded project and such will be ready for the 10/1/2020 rollout.Are non-DBE material payments to be reported on the Prompt Payment form or is that included in Prime Contractor portion?All non-DBE material payments made directly to the material supplier from the Prime Contractor would be accounted for under "Subcontractor" and would fall under the prompt payment requirements of PN 031 - Prompt Payment. In accordance with CMS 107.21, the Prime Contractor is to make payment to each subcontractor and supplier within 10 Calendar Days after receipt of payment from the Department or LPA for Work performed or materials delivered or incorporated into the Project, provided that the pay estimate prepared by the Engineer includes Work performed or materials delivered or incorporated into the public improvement by the subcontractor or supplier. Material suppliers shall be paid within 10 days.For material suppliers, should the Prime Contractor individually name each supplier in the appropriate sub section or total all material payments?All entities being paid directly from the Prime Contractor shall be listed individually in the Prompt Payment form.When a Prompt Payment form is "completed" in GoFormz by the Prime Contractor, can it be opened and edited again? Yes. The Prompt Payment form in the GoFormz application can be "reopened" after completion so that all previous information from the prior invoice can be accessed. Can the Prime Contractor cut and paste the subcontractors from the Prompt Payment form #1 to the Prompt Payment form #2?The copy and paste function does work but only on a field to field basis. The copy and paste function does not work for all subcontractors, or all DBEs, or all material suppliers in GoFormz.What Prompt Payment form does the Prime Contractor utilize when the project has more than 19 invoices?The Department will have need to create an additional Prompt Payment form(s) for those LPA projects that will go beyond 19 invoices.The new process captures DBE payment progress on a monthly basis. Will the DBE Quarterly Report be eliminated since it is redundant?Yes. The GoFormz application is more efficient and will allow the Office of Opportunity, Diversity, and Inclusion to capture DBE payments globally across all LPA projects. This will allow the Department to eliminate the now redundant paper-based DBE Quarterly Report which can only be accessed on a project specific basis.Does the Prime Contractor enter the full amount owed to material suppliers or 60% of the payment with regard to the material credit?The Prime shall enter the total amount owed to the material suppliers. The Prompt Payment form has the logic already built into account for the 60% material credit.How does the Prompt Payment form address stored materials as they are often paid as a percentage of the total amount of the invoice?The Prompt Payment form is to capture the total monies owed to the Prime, Subs, DBEs, and Material Suppliers. If Delivered Materials is owed to a contractor, that total should accounted for in the payment released back to the contractor either from the LPA or the Department.How is ODOT monitoring prompt payments of Design Build projects since a majority of the work items are paid as lump sum? The LPA Prompt Payment form in the GoFormz application is not designed to track payment down to the granular work item level for even traditional design-bid-build projects.? The form is simply designed to ensure the Prime Contractor is paying the subcontractors, DBEs, and material suppliers within 10 calendar days.? The Department or LPA may not always be privy to the amount owed to the subcontractors, DBEs, and material suppliers per invoice period.? Therefore, regardless of whether the project is design build or design-bid-build, the Prompt Payment form will be applicable.? Should an issue arise where the Prime Contractor is not paying a subcontractors, DBE, and material supplier within 10 calendar days, the Prime Contractor will be sanctioned per Proposal Note 31 – Prompt Payment.SharePoint ImplementationWho will have access to the project specific SharePoint site once GoFormz and SharePoint are implemented after October 1, 2020?Both the ODOT District and the LPA and their construction consultants will have access to the project specific SharePoint site located on the following link. SharePoint will be a place where the LPA and ODOT can share documents. The Prime Contractor will not have access to the LPA SharePoint sites. the LPA’s Construction Consultant establishes a SharePoint site for the total management of the project. Are the newly established SharePoint sites by the Department to be the only SharePoint for LPA projects?The ODOT SharePoint site for LPAs is not mandated other than to collect CUF and Prompt Payment forms completed in GoFormz. However, the LPA and ODOT will have the opportunity to utilize the SharePoint site for further use such as schedules, RFI, etc. This does not impact the information sharing between the LPA and their Construction Consultant.Will the LPAs and Construction Consultants (if applicable) be able to view the Prime Contractor’s Prompt Payment forms on the SharePoint sites designated for the project?Yes, LPAs and their Construction Consultants (if applicable) will have access to the SharePoint site to view the Prime Contractor’s prompt payment forms. Commercially Useful Function (CUF) SpecificIs the LPA responsible for completing the CUF? How often is the CUF to be completed?Yes, the LPA is responsible for completing the CUF form. The LPA's minimum monitoring schedule shall be one CUF review per DBE per Construction Project.Is the CUF form to be completed in the GoFormz application for state-funded projects?The CUF form is a federal requirement and will not be enforced for state-funded LPA projects.Who is to be the final reviewer as listed at the bottom of the CUF form in GoFormz?If the LPA is completing the CUF form in the GoFormz application, the LPA can sign off as the final reviewer. Should a Construction Consultant be completing the form on behalf of the LPA, the LPA will be required to sign off on the form after it is automatically uploaded to the SharePoint site via another application such as Adobe or Bluebeam.Is the LPA responsible for collecting a picture of both the truck registration and of the truck VIN when performing a Trucking CUF? Where do the files get stored?Yes, the LPA is responsible for obtaining a photo of both the truck registration and the associated VIN. The trucking CUF pictures get saved in the project records with the CUF documentation. The pictures will be required but outside of the GoFormz application. The expectation will be for the pictures to be uploaded to SharePoint by the LPA. The LPA project specific SharePoint site will be covered later in the presentation.What action is the LPA to take when performing a CUF is the interviewee repeatedly states “I don’t know” or a similar phrase?In situations where “I don’t know” or similar phrasing is provided as an answer to the LPA performing a CUF review, the LPA is responsible for recording such response. Additional follow-up is needed by the LPA with the DBE subcontractor to ensure a proper CUF is being performed in order for the DBE’s work to count toward achieving the project’s DBE goal.What if a trucking employee does not want to offer answers to the questions of a CUF interview? If a truck driver does not want to comply with the CUF interview form, the respective company of the trucking employee cannot count for DBE participation & that work will not count toward the goal.Will the requirements of CUF and Prevailing Wage always be included on federally-aided LPA Local-let project?Yes, Prevailing Wage and Prompt Payment is a standard and requirement for all federally-aided projects and shall always be included in the bidding documents by the LPA.If the Prime Contractor uses a trucking DBE firm, how does the LPA ensure the DBE is receiving prevailing wage if the LPA does not receive a copy of the payroll?The LPA should receive certified payrolls from the Prime Contractor if the DBE’s trucks are working “on site.” ................
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