Special Civil Rights and Labor Compliance Requirements on
All ARRA Projects

Under the American Recovery and Reinvestment Act (ARRA), Vermont is receiving approximately $126 million for highway and bridge construction projects, to be completed between 2009 - 2011.  ARRA is intended to stimulate the economy and create jobs. To ensure that this purpose is being met, projects funded under ARRA carry additional, special requirements and are subject to much closer scrutiny by VTrans and by our federal funding and regulatory partners, including the Federal Highway Administration (FHWA) and the U.S. Department of Labor (USDOL), through its Wage and Hour Division (WHD) and its Office of Federal Contract Compliance Programs (OFCCP).

All VTrans contractors bidding on, quoting on, and/or working on ARRA projects are reminded that strict compliance with all federal and state civil rights and labor compliance is mandated and enforced.  In addition to regularly scheduled site visits from our office, there is a strong likelihood that most ARRA projects will be the subject of compliance reviews by federal regulatory agencies.

To determine whether the VTrans project you are bidding on, quoting on and/or working on is an ARRA project, please consult the VTrans ARRA Project List on the Agency’s ARRA webpage: http://apps.vtrans.vermont.gov/stimulus/documents/ARRA_03_25_2010.pdf

The following are special requirements for all projects utilizing ARRA funds:

• Wage Rates: Special Davis-Bacon wage rates apply to all ARRA projects advertised after June 1, 2009. Primes must ensure that subs are using the correct wage rates. ARRA wage rates for all Vermont counties can be found by contacting Sonya Boisvert at 802-828-2644.
   

• Employment Reporting: A Monthly Employment Report (FHWA 1589 Form) must be submitted by the prime contractor on all ARRA projects for the prime and all subs no later than the 10th day of each month for the preceding month. FHWA 1589 in Excel format can be accessed on our webpage:  and is also e-mailed to the prime contractor at the start of the project. The completed form should be submitted by the prime contractor monthly via e-mail to Chris.MacRitchie@state.vt.us. Contact Chris at 802-828-2632 with any questions.
   

•   Payments to Subcontractors: It is essential that the prime contractor complete subcontractor payment reporting (prompt pay reporting) by the 10th day of each month for the preceding month, to insure compliance with special DBE payment reporting requirements on ARRA projects. For most VTrans ARRA projects, prime contractors should be utilizing the online Prompt Pay Reporting Website: http://apps.vtrans.vermont.gov/dbe/  On ARRA projects that are awarded by towns and municipalities through a VTrans LTF grant, contractors need to complete a manual form and submit it monthly via e-mail to Lori.Valburn@state.vt.us
   

•    Special Poster: In addition to all other required posters, ARRA projects must display the 2009 “Whistleblower” poster, which is provided in poster package supplied by our office at the time of the preconstruction conference. To obtain additional copies go to: http://www.aot.state.vt.us/civilrights/Documents/WhistleblowerPosterARRAProjectsOnly.pdf

Useful Forms

• Monthly Employment Report - FHWA 1589 Form

• Manual Prompt Pay Reporting Form

Useful Links

• FHWA ARRA Implementing Guidance: http://www.fhwa.dot.gov/economicrecovery/guidancelist.htm

• OFCCP ARRA Guidance: http://www.dol.gov/ofccp/arra_web.html

• USDOL WHD ARRA Guidance:  http://www.dol.gov/whd/recovery/

For more information concerning special requirements on ARRA projects please contact: Lori Valburn, VTrans Chief of Civil Rights and Labor Compliance; Lori.Valburn@state.vt.us; 802-828-5561.