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OSHA cites 5 contractors in bridge collapse, proposes $87K in fines

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Main span of FIU pedestrian bridge being moved on March 10, 2018, prior to placement on the south pier and north pylon pier.  Labels added by the NTSB.

The Occupational Safety and Health Administration (OSHA) has cited five contractors who had been working on the Florida International University (FIU) pedestrian bridge that collapsed March 15, killing five motorists and one worker and injuring five others. The agency has also proposed fines totaling $86,658 for the group of companies.

  • OSHA issued Figg Bridge Engineers and engineering and inspection firm Network Engineering Services one serious violation each and proposed that each firm be fined $12,934 for exposing employees to physical danger by not removing them from the bridge area when cracks were observed.
  • The agency proposed fines of $25,868 for both post-tensioning specialty contractor Structural Technologies and general contractor Munilla Construction Management and cited both companies with two serious violations each for failing to provide adequate personal fall arrest systems.
  • Finally, OSHA issued concrete formwork contractor The Structural Group of South Florida one serious violation and a proposed fine of $9,054 for also failing to provide an adequate personal fall arrest system. The worker who died, Navaro Brown, worked for Structural Technologies.

“Collectively,” said Kurt A. Petermeyer, OSHA regional administrator, “these employers failed to take appropriate action and provide the necessary protections to their employees while they were working on the bridge on the day it collapsed.” All five companies have 15 days from the receipt of the citations and notice of proposed penalties to protest, request an informal hearing or comply.

Keep reading this article at: https://www.constructiondive.com/news/osha-cites-5-contractors-in-fiu-bridge-collapse-proposes-fines-totaling-8/532921/

See OSHA’s Sept. 18, 2018 press release here: https://www.osha.gov/news/newsreleases/region4/09182018

See earlier article on NTSB reports here: https://gtpac.org/2018/08/23/new-ntsb-report-on-fiu-bridge-collapse-stops-shy-of-naming-a-culprit/

 

New NTSB report on FIU bridge collapse stops shy of naming a culprit

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Mar. 15, 2018 bridge collapse in Miami Florida. (Photo: Florida International University)

On Aug. 9, the National Transportation Safety Board released the latest update on its investigation into the March 15 Florida International University pedestrian bridge collapse. It still, however, isn’t ready to identify the probable cause of the structure’s failure despite photo evidence of cracks — some fissure-like — in the bridge deck and other areas, presumably that developed after the prefabricated span was set in place just a few days before the fatal incident.

The bridge was transported into position from its offsite location on March 10 to much fanfare, while its building method, accelerated bridge construction, was touted as a way to deliver such structures with minimal interruption to traffic. Five days later, the bridge collapsed onto vehicular traffic below, killing six — one bridge worker and five vehicle occupants — and injuring several others.

The collapse occurred while workers were tightening, or re-tensioning, steel rods at the bridge’s north end, including at diagonal member 11, after they were de-tensioned on the day of the move.

Keep reading this article at: https://www.constructiondive.com/news/new-ntsb-report-on-fiu-bridge-collapse-stops-shy-of-naming-a-culprit/530346/

See NTSB reports at:

DBE contracting opportunities under the Trump Administration

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good-time-for-dbes-01-2017With President-elect Trump’s promise to turn America’s crumbling infrastructure into an opportunity for accelerated economic growth, there are likely to be significant investments in the next four years in transportation, construction, and other similar projects.

The new administration’s plans are likely to have a particularly big impact on the highway construction industry, which stands to ultimately receive billions in federally-financed dollars. State and local governments will be first in line to receive the funds so they can be trickled down to create thousands of new jobs. Those dollars will be filtered through prime contractors and their disadvantaged business enterprise (DBE) partners, which will be performing many of these federally-funded projects. With billions of dollars likely to hit the streets, this is a good time for firms to look into the DBE program.

While not as well-known as the Small Business Administration’s 8(a) and other small business programs, the Department of Transportation’s (DOT) DBE program has been around for some time. It was established by Congress in 1983 with legislation that required that at least 10 percent of the funds authorized for highway and transit federal financial assistance programs be expended with DBEs. The three agencies with those programs are the Federal Highway Administration, Federal Aviation Administration, and Federal Transit Administration.

Keep reading this article at: http://www.jdsupra.com/legalnews/dbe-contracting-opportunities-under-the-95974/

Court of Appeals affirms lengthy prison sentences for men engaging in DBE fraud 

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USDOTThe U.S. Attorney’s Office for the Middle District of Pennsylvania has announced that Joseph W. Nagle of Deerfield Beach, Florida and Ernest G. Fink, Jr. of Orwigsburg, Pennsylvania, the former owners of Schuylkill Products Inc., (SPI) had their sentences affirmed by the Third Circuit Court of Appeals.

Nagle was sentenced to 84 months’ imprisonment on November 30, 2015, and Fink was sentenced to 41 months’ imprisonment on February 24, 2016, for their roles in a massive conspiracy to defraud the U.S. Department of Transportation’s Disadvantage Enterprise (DBE) program.

According to USDOT, their scheme, which lasted for over 15 years and involved over $136 million in government contracts in Pennsylvania alone, is the largest reported DBE fraud in the nation’s history.

In April 2012, after a four-week jury trial, a jury convicted Nagle on 26 charges relating to the scheme, including conspiracy to defraud USDOT, mail fraud, wire fraud, and money laundering.  Fink previously pleaded guilty to conspiracy to defraud the USDOT in August 2010.

In 2014, three other former executives associated with SPI were sentenced for their roles in the scheme.

  • Romeo P. Cruz, of Westhaven, Connecticut, the former owner of Marikina Construction Corp., which operated as a front for SPI, was sentenced to 33 months’ imprisonment.
  • Timothy G. Hubler, of Ashland, Pennsylvania, SPI’s former Vice-President in charge of field operations, was sentenced to 33 months’ imprisonment.
  • Dennis F. Campbell, of Orwigsburg, Pennsylvania, SPI’s former Vice-President in charge of sales and marketing, was sentenced to 24 months’ imprisonment.

The investigation was conducted by the FBI, USDOT’s Inspector General’s Office, the U.S. Department of Labor Inspector General’s Office, and the Criminal Investigation Division of the IRS.

Source: https://www.justice.gov/usao-mdpa/pr/third-circuit-court-appeals-affirms-lengthy-prison-sentences-two-men-who-executed

 

DBE program ruled burdensome but constitutional

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idotThe federal program that offers advantages for minority and women-owned businesses on highway construction contracts may disproportionately burden subcontractors, but it is still constitutional, the Seventh Circuit ruled.

Midwest Fence, a specialty contractor focused on guardrails and fencing, challenged the federal government’s program that offers help for disadvantaged business enterprises (DBEs), small businesses owned and managed by racial minorities and women.

The DBE program, in effect since 1983, establishes a goal of spending at least 10 percent of federal highway funds on contracts with disadvantaged businesses.  DBE business owners must certify their disadvantaged status, and qualify only if their net worth does not exceed $1.32 million.

Participation in the federal program is a requirement for states that want to use federal highway funds.

However, the program offers the states significant flexibility.  Contractors bidding on highway construction work in Illinois cannot be automatically rejected for failure to meet diversity goals, and quotas are flat-out prohibited. Instead, the state must determine if the bidder has made good faith efforts to find DBE subcontractors that could perform 10 percent of the work.

Keep reading this article at: http://www.courthousenews.com/2016/11/07/perks-for-minority-owned-businesses-upheld.htm

Tennessee construction company settles DBE fraud allegations for $2.25 million

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Mountain States Contractors, LLC, a subsidiary of Jones Brothers, has agreed to pay the United States more than $2,250,000 to settle False Claims Act (FCA) allegations, announced Jack Smith, Acting United States Attorney for the Middle District of Tennessee for the administration of this settlement.  The settlement resolves a civil investigation of Mountain States and affiliated companies for submitting false claims for payment to the government in connection with the U.S. Department of Transportation’s Disadvantaged Business Enterprise (DBE) Program.

Jones BrothersUSDOT’s DBE Program provides a vehicle for increasing the participation by Minority Business Enterprises in state and local transportation projects and ensures that DBEs can compete fairly for federally funded transportation-related work.

The Justice Department alleged that Mountain States and its affiliated company, HMA, as the prime contractors on a federally-funded construction projects, agreed that they would use DBEs to perform subcontracted work on the projects.  For a number of these projects, Mountain States and HMA subcontracted with G&M Associates.  Although G&M Associates is a certified DBE, evidence obtained during the investigation indicated that Mountain States had improperly “loaned” its employees to G&M to perform the DBE work on the projects.  The entities claimed these employees as DBE employees for purposes of obtaining payment for their work despite the fact that the prime contractors continued to provide their health insurance.  The prime contractors also improperly leased equipment to G&M, which the entities then counted against the projects’ DBE goals.

“Fraud schemes like that committed by Mountain States harms the integrity of law abiding, small business contractors trying to compete for contracts on a level playing field,” said Marlies Gonzalez, regional Special Agent-in-Charge of the U.S. Department of Transportation Office of Inspector General.

The allegations resolved by today’s settlement were originally raised in a lawsuit filed against Mountain States by a former Mountain States employee who brought his claims under the qui tam, or whistleblower, provisions of the FCA, which allow private citizens with knowledge of false claims to bring civil suits on behalf of the government and to share in any recovery.  The whistleblower will receive over $405,000 as his share of the settlement.

In addition to the settlement, Mountain States will enter into a monitoring agreement with the Federal Highway Administration.  This agreement will help to prevent similar conduct in the future.

This matter was investigated by the DOT-Office of Inspector General and the United States Attorney’s Office for the Middle District of Tennessee.  The United States was represented by Assistant U.S. Attorney Christopher C. Sabis.

This case is docketed as United States ex rel. Meadows v. Mountain States Construction, LLC, No. 3:12-cv-0523 (M.D. Tenn.).

Source: https://www.justice.gov/usao-mdtn/pr/local-construction-company-settles-allegations-fraud-involving-disadvantaged-business-0

Contractor files lawsuit over DBE-related lost $77 million bridge contract

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Arkansas_State_Highway_and_Transportation_DepartmentA Texas-based contractor has filed a lawsuit against the Arkansas State Highway and Transportation Department over the department’s cancellation of a $77.6-million bridge contract for alleged failure to document disadvantaged business enterprise (DBE) involvement efforts. The department has made a claim against the contractor’s bid bond.

The contractor, Roanoke, Texas-based Johnson Bros. Corp., had in January submitted a very low bid to replace a bridge carrying highway I-40 over the White River between Little Rock and North Little Rock. The second-low bid came in about $40 million higher.

Filed in the Pulaski County circuit court of Arkansas in Little Rock on March 9, Johnson Bros. names as defendants the state’s highway commission, the commission members individually and the department’s chief engineer. The petition requests judicial review of February administrative decisions that found the contractor’s efforts to involve DBEs in the project insufficient, reject the bid, make a claim under the bid bond and ban the contractor from rebidding on the project.

The petition also claims that the highway commission took no action on a petition to review the department’s decision and request for injunctive relief.

State officials had conditionally awarded the contract to Johnson Bros. Corp. based on the company’s low bid.

Keep reading this article at: http://www.enr.com/articles/39253-arkansas-cites-dbe-rule-and-halts-bridge-contract

Differing site conditions claims: Focus on actual costs incurred

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Today, we have a question for our federal construction readers:

If your project is operating within an anticipated budget, are you still entitled to the additional costs associated with a differing site condition? 

Recently, the Civilian Board of Contract Appeals (CBCA) answered our question with a resounding yes.

hardhatThis point is particularly important in the context of requests for equitable adjustments or claims asserted against the government.  You may think (or the government may try to convince you) that there is no entitlement when the project is below budget.  That is simply not the case.  The CBCA decision makes the point that damages are based upon the actual cost of performance — your bid should not be used against you.  In short, extra costs due to differing site conditions should always be tracked and documented — even if you are meeting or below a projected budget.

The case in question involved construction contractor Tucci and Sons Inc., which filed a claim seeking more than $80,000 on a DOT Federal Highway Administration (FHWA) contract for the reconstruction of a 9.7 mile stretch of highway in Mount Rainier National Park.  Tucci claimed that it experienced extra costs based on the unexpected need to work around a number of larger boulders impeding the work.

Keep reading this article at: http://www.mondaq.com/article.asp?articleid=470494

Georgia to receive second-largest share of left-over federal highway funds

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Repurposed Highway Funds 2016The Federal Highway Administration (FHwA) has laid out plans for redistributing to states about $2 billion—and potentially more—that had been set aside more than a decade ago for highway and bridge projects but is still unspent.

The 2016 omnibus appropriations bill, enacted on Dec. 18, mandated the funding shift for the so-called orphan earmarks and said the money had to be parceled out to states by Sept. 30, the end of the current fiscal year.

FHwA’s long-awaited announcement, released on March 8, is another piece of positive news for state highway agencies as well as road and bridge engineers and contractors.

It follows the Dec. 4 signing of the Fixing America’s Surface Transportation, or FAST Act, which provided a boost of about $2 billion, or 5%, for highway and bridge funding in fiscal year 2016.

The earmark funding “is really a shot in the arm for the construction industry, for the 2016 construction season,” says Jay Hansen, National Asphalt Pavement Association executive vice president. “On top of the FAST Act, this is icing on the cake.”

Keep reading this article at: http://www.enr.com/articles/38978-fhwa-details-plans-to-reuse-2b-unspent-on-old-earmarks

Sentence reduced for company president who engaged in fraudulent DBE contracts worth $136 million

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DBE Fraud HotlineThe former chief operating officer and co-owner of now-defunct Schuylkill Products Inc. will spend 10 fewer months in prison, but pay the same fine, after being resentenced Wednesday in federal court in Harrisburg, Pennsylvania for his role in the largest fraud of its kind in U.S. history.

Ernest G. Fink Jr., 70, of Orwigsburg, Pennsylvania, must serve 41 months in federal prison and pay $25,100 in fines, Senior U.S. District Judge Sylvia H. Rambo ruled.

Rambo originally sentenced Fink on July 14, 2014, to 51 months in prison and $25,100 in fines after he pleaded guilty to participating in Schuylkill Products’ scheme to defraud the federal Disadvantaged Business Enterprise (DBE) program.

Federal prosecutors charged Fink and several other Schuylkill Products executives with using Marikina Engineers and Construction Corp., West Haven, Connecticut, as a front under the DBE program from 1993 until 2008 to funnel work to the Cressona company and its wholly owned subsidiary, CDS Engineers Inc.

Keep reading this article at: http://republicanherald.com/news/schuylkill-products-co-owner-resentenced-to-10-fewer-months-in-prison-1.2011402

See our earlier articles on this case:

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