Legislative Update & MDOT Earmarks
March 3, 2009
Kline vs. Porcari
Scott Livingston writes:
Perhaps you can help me. I am in search of contractors who have personal knowledge about –and would be willing to furnish an affidavit testifying about — cases where MDOT/SHA/MAA/MTA/MdTA considered a low bidder’s DBE/MBE waiver request but decided to reject all bids.
As you know, in Kline vs. Porcari, SHA is going to reject all bids on Rt. 270 project for which, on March 13, 2008, Kline bid $10.2M and the second low bidder was $600,000 higher. Kline requested a DBE waiver, mostly because it could save $500K + by using the low non-DBE sub rather than base its bid on the expensive DBE sub. Eight months later, in November, SHA denied the waiver. Kline sued Porcari (see Complaint). Kline is seeking a preliminary injunction to prevent SHA from rejecting all bids, among other things (see Preliminary Injunction Memo, attached).
In mid February, 2009, upon “administrative reconsideration,” MDOT ordered SHA to vacate the denial of the DBE waiver because there was not enough information for MDOT to determine whether or not the waiver should be granted.
MDOT suggested that SHA should reject all bids So, effective March 11, all bids will be rejected. SHA will make some design/spec change to cover up the situation.
Anyway, I want to prove in US District Court that rejection of all bids is a pretext, consistent with a pattern SHA uses to continue perpetrating its DBE/ MBE policy. Do you know any other bidders whom MDOT/SHA has similarly injured? We need affidavits by Wednesday. (emphasis added by MTBMA)
Please respond to:
Scott Livingston
410.295.0212 Office
410.295.0213 Fax
301.704.8060 Cell
Bills of Interest or Concern
March 4, 2009
- Certification of Crane Operators: SB 991 (Bill hearing not scheduled yet)
- Allowing DLLR to license or certify operators of power equipment (backhoe, bulldozer, front-end loader, skid steer, Gradall, scraper pan, crane/hoist): HB 1410 (Bill hearing not scheduled yet)
Please contact Brian Holmes at MTBMA with your comments and your interest in being on a panel to testify at the hearing or hearings once scheduled.
Legislative Update
March 6, 2009
| Speed camera bill was not voted on yesterday in Senate JPR because Senator Forehand was waiting on amendments.
PLEASE NOTE ALL HEARINGS ARE SCHEDULED FOR 1 P.M.
|
Other Bills of Interest or Concern
March 6, 2009
1. HB 1307 requires health insurance benefits for workers on prevailing wage contracts (over $100,000); applies to subs; note: this probably is pre-empted by federal law (ERISA).
2. SB 991 crane operator certification of competence: training required through trainers certified by the National Commission for Certification Agencies or ANSI; fines for violations; possible jail time. HB 1422 is a crossfile.
3. HB 1410 repeals a provision prohibiting DLLR from requiring licensing/registration/certification of operators of power equipment (backhoe, bull dozer, front-end loader, skid steer, scraper pan, crane, hoist).
4. HB 1053 standing to contest environmental permits: allows out-of-state environmental groups (if they have/recruit one in-state member) to sue permit holders and the state to enforce permit conditions; attorneys fees if the environmental group prevails; does not include streamlined permit challenge process used by the feds in such cases. SB 824 is a crossfile.
5. HB 1379 STARTING AT PAGE 6, requires biodiesel to be used to power diesel engines, based on production of in-state production of biodiesel (5 million gallons=B-2, 10 million=B-5, 15 million=B-15, 30 million=B-20). SB 555 is a crossfile.
6. HB 502 requires state contractors to use e-verify to verify employment eligibility. SB 696 is a crossfile.
7. HB 1409 lowers state prevailing wage threshold from $500,000 and above to $100,000 and above.
MONEY BILLS
1. SB 722 raises the state gas tax by 5 cents; diverts 2.3% of the revenues from 18.5 cents (out of 28.5 cents, as increased by the bill) to the Chesapeake Trust fund.
2. SB 853 creates a task force to determine long-term Transportation Trust Fund options and recommendations; two of 15 slots are to be representatives of the business community.
Please contact Brian Holmes at MTBMA with your comments and your interest in being on a panel to testify at the hearing or hearings once scheduled.
NSSGA Convention
February 2, 2009
| Mar ’09 | Mar |
| 9 | 12 |
| Mar ’09 |
| 10 |
| Mar ’09 |
| 11 |
| Mar ’09 |
| 12 |
Register now for 2009 NSSGA Annual Convention to be held March 9 – 12 at the Rosen Centre Hotel in Orlando, Fl. This is the annual gathering of industry leaders, owners and executives.
Class Date: March 17, 2009
March 17, 2009
The following people passed the Certification Exam.
Paul Bender
A. E. Bull
Robert Christopher
Arthur Finnerin
Edward Fisher
Jon Fisher
Farooq Haider
Michelle Haley
Alexander Itzig-Heine
Anthony Johnson
Leonard Leak, Jr.
Doug Lechlider
Perry Lotts
James McCutchan
James Meadows
Benjamin Melton
Gene Rakes
Harry Roberts
Michael Sinar
John Swearingen
Cletus Turnbaugh
Michael Upman
Malcolm Whitelock
Scott Zink
Government Employees
Carl Buell
Scott Cullum
Jim Flutka
Eddie Medina
Justin Schmidt
Jason Shmelz
Construction and Engineering Career Day
February 10, 2009
| Mar ’09 |
| 18 |
| 8:00 am |
This years MdQI Highway Construction and Engineering Career Day will be held on Wednesday, March 18, 2009 at Alban Tractor Co., 8531 Pulaki Highway, Baltimore, MD 21237.
Proposed Specs
March 19, 2009
Please review and provide any comments you may have to the following SP/SPI’s.
SPI 100-104.14 Cones for MOT
SP 100-Computer Systems
Comments are due by April 2 to Allen Jacobs, but please copy Brian Holmes.
ARTBA FLY IN: If not us, who? If not now, when?
March 19, 2009
The ARTBA Fly In is our opportunity to meet with our federal representatives to educate them on our issues: fixing the impending deficit in the federal transportation trust fund and (the 800-pound gorilla) engaging them in the reauthorization of the next federal surface transportation program. Congress must increase revenues to fund this program, which includes the federal-assisted highway program-our bread and butter. The dates are May 18-May 20. The Fly In headquarters hotel is the Hyatt Regency at the foot of Capitol Hill. Please visit ARTBA Federal Issues. Let’s have a really good showing. This is no time to go through the revolving door on somebody else’s push. Showing up in force will let our representative in Washington know how important these issues are to us. And, for those of you who aren’t familiar with ARTBA, this is a terrific opportunity to see your national association in action.
Clarification re Kline v. Porcari
March 19, 2009
On March 3, 2009, a Notice to Members was sent out which included an item on the “Kline v. Porcari” case. In the item, Scott Livingston, member of MTBMA, requested information from members concerning this case that he is representing. Because this article appeared on MTBMA letterhead, some have concluded that MTBMA has chosen to endorse this case. Please be advised that, as an organization, MTBMA has taken no position on this case.
