Loading...
HomeMy WebLinkAboutContract 45423 TW COPT fft 00t,1TR ► C0KTRI MR`S 9qw=CO. air SECRETARY FORT WORTH .-.cwwxAGEnw= WOMEERM0 011/. 71PW-FiLE COPY PROJECT MANUAL FOR THE CONSTRUCTION OF TRAM 1�'1C SIGNAL VV PROV a MENTS TO SERVE SH 183 LAQ - PRASE 11 Ci2`y Pjoject No. 01531 Betsy Price Tom Higgins Mayor City Manager Douglas W. Wiersig, P.E. Director, Transportation and Public Works Department IPrepared for The City of Fort Worth Transportation and Public AXorks Department November 2013 Kimley-Horn and Associates, Inc. TBPE Firm No. F-928 801 Cherry Street, Unit 11 Suite 950 Fort Worth, Texas 76102or (817) 335-6511 9 e�......s••...°e° C Cl RECEIVED MAR 14 2014 00 00 00-1 TABLE OF CONTENTS Page 1 of 1 SECTION 00 00 00 2 TABLE OF CONTENTS 3 4 Division 00-General Conditions 5 0005 10 Mayor and Council Communication 6 0005 15 Addenda 7 0011 13 Invitation to Bidders 8 0021 13 Instructions to Bidders 9 0035 13 Conflict of Interest Affidavit 10 00 41 00 Bid Form 11 004243 Proposal Form Unit Price 12 0043 13 Bid Bond 13 00 43 37 Vendor Compliance to State Law Nonresident Bidder 14 0045 11 Bidders Prequalifications 15 0045 12 Prequalification Statement 16 0045 13 Bidder Prequalification Application 17 00 45 26 Contractor Compliance with Workers'Compensation Law 18 00 45 40 Minority Business Enterprise Goal 19 00 45 41 Small Business Enterprise Goal 20 005243 Agreement 21 0061 13 Performance Bond 22 0061 14 Payment Bond 23 0061 1-9 Maintenance Bond 24 00 61 25 Certificate of Insurance 25 00 72 00 General Conditions 26 0073 00 Supplementary Conditions 27 28 Division 01 -General Requirements 29 01 11 00 Sun-unary of Work 30 01 25 00 Substitution Procedures 31 01 31 19 Preconstruction Meeting 32 013120 Project Meetings 33 0132 16 Construction Progress Schedule 34 01 32 33 Preconstruction Video 35 0133 00 Submittals 36 01 35 13 Special Project Procedures 37 01 45 23 Testing and Inspection Services 38 01 5000 Temporary Facilities and Controls 39 01 55 26 Street Use Permit and Modifications to Traffic Control 40 01 57 13 Storm Water Pollution Prevention Plan 41 01 58 13 Temporary Project Signage 42 01 6000 Product Requirements 43 01 66 00 Product Storage and Handling Requirements - 44 01 70 00 Mobilization and Remobilization 45 01 7123 Construction Staking and Survey 46 01 74 23 Cleaning 47 0177 19 Closeout Requirements 48 01 78 23 Operation and Maintenance Data 49 01 78 39 Project Record Documents CITY OF FORT WORTH Traffic Signal Improvements to Serve SH 183 LAQ-Phase II STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No.01531 Revised November 4,2013 000000-2 TABLE OF CONTENTS Page 2 of 5 1 2 Technical Specifications which have been modified by the Engineer specifically for this 3 Project; hard copies are included in the Project's Contract Documents 4 5 Division 26 -Electrical 6 26 05 00 Common Work Results for Electrical 7 8 Division 32 -Exterior Improvements 9 32 1723 Pavement Markings 10 11 Division 34-Transportation 12 3441 10 Traffic Signals 13 34 41 30 Aluminum Signs 14 3471 13 Traffic Control 15 16 Technical Specifications listed below are included for this Project by reference and can be 17 viewed/downloaded from the City's Buzzsaw site at: 18 19 lltl)s://p ro iecti)o iilt.btizzsaNv.com/client/foi-twoi-tli gov/Resources/02%20- 20 %20Coiistrtictioii%20Docunleiits/Specifications d 21 22 Division 02 -Existing Conditions 23 0241 1Seleetiv e Site Demolition 24 02 41 14 Utility Removal/AbandeihRe 25 0241 15 Paving Removal 26 27 Division 03 - Concrete 28 03 30 00 Cast-In-Place Concrete 29 03 34 13 Controlled Low Stfength MeAet!ial(CLSNI), 30 03 34 16 Concrete Base Material for Trench Repair 31 03 8000 Modifications to Existing Concrete Structures 32 33 Division 26 -Electrical 34 260500 Co,,,,,,,.,,W o fk v,,sult. for Eleetfieul 35 2605 10 Demolitien for Eleet-rieal Systems 36 26 05 33 Raceways and Boxes for Electrical Systems 37 26 05 43 Underground Ducts and Raceways for Electrical Systems 38 39 Division 31 -Earthwork 40 31 1000 Site Clearing 41 3123 16 Unclassified Excavation 42 3123 23 Tu,,,...,,,,, 43 3124 00 EtAb.,,,kfflenta 44 31 25 00 Erosion and Sediment Control 45 313600 G.,t.iefis 46 313700 Ripfap 47 48 Division 32 -Exterior Improvements 49 3201 17 Permanent Asphalt Paving Repair 50 3201 18 Temporary Asphalt Paving Repair CITY OF FORT WORTH Traffic Signal Improvements to Serve SH 183 LAQ-Phase II STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No.01531 Revised November 4,2013 000000-3 TABLE OF CONTENTS Page of 1 32 01 29 Concrete Paving Repair 2 32 1123 Flexible Base Courses 3 32 11 29 Lime Treated Base Courses 4 32 11 33 Cement Treated Base Courses 5 32 12 16 Asphalt Paving g r, „ Sealants 6 '32 �I Asphalt n 7 3213 13 Concrete Paving 8 32 13 20 Concrete Sidewalks,Driveways and Barrier Free Ramps 9 32 13 73 Concrete Paving Joint Sealants 10 3214 16 Bfiek Unit Payin 11 3216 13 Concrete Curb and Gutters and Valley Gutters 12 321723 Pavement T iiafkings 14 32113 Chain Fenees r a Gates 15 3231126 Wife Fenees and Gates 16 323129 Wood Fenees and Gates 18 3291 19 Topsoil Placement and Finishing of Parkways 19 32 92 13 Hydro-Mulching, Seeding, and Sodding 20 32 93 43 Trees and Shrubs 21 22 Division 33 -Utilities 23 33 0130 Sewer and Manhole Testiftg 24 330131 Close,7 C:,.,,,,;t Taloyisio,, (CCTV)Inspeetion 25 3303 10 Bypass NiRping of Rxisfing Sewef Systems 26 3304 10 T „t Bending „7 l:lo,t,• „l iselatio 27 3304 11 rvrrv3rvriitaroi—Test Stzciens 28 3304 12 TiT....nesi,,.,, n, ede!-+.,t1,, die Pfeteetion SSyste n 29 30 33 04 40 Cleaning and n,.,.,,,,+,nee Testing,.fW t f A4aifis _ 31 33 0450 Cleaning of Se e f Mains 32 33 05 1 fl TT+:I:t..T,. �, 1, L., ., t; ,, R,,,L.oflment and Raek.�11 33 3305 17 W tefT ; eT „ ein 34 3305 13 F f o Govef and Grade Rings 35 3305 14 Adjusting Manholes, fillets,Valve Boxes, and Other Structures to Grade 36 33 05 16 Generete Wfftef Vaults 37 33 05 17 Gonefete!'x,.11.,..,, 38 33 05 20 n,.g f Tz,rin 39 330521 Tunnel Litter-.Dl + 40 330522 Steel Casing Pip 41 33-0523 Hand T,,mielin 42 33-05 224 Mst.,lt,.tio ofGaff ie,.Pipe in Curing ef Tom:..el Liner-Plat� 43 330526 Utility Mai-4Eefs/Leeaters 44 33 05 30 Location of Existing Utilities 45 33 1105 Belts,Nuts, ,a Gaskets 46 33 11 10 Ductile T,.,,,, v:„o 47 33 11 11 Duet:le T,...,,Fittings 48 33 11 17 Polyvinyl('1,1.,,•ide(PVC)U ssµ Pipe 49 331-11 13 Conerete PFess Pipe, Bar NWapped, Steel Cylinder Type 50 3311 114 Btified Stool Pipe and Fittings g CITY OF FORT WORTH Traffic Signal Improvements to Serve SH 183 LAQ-Phase II STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No.0 153 1 Revised November 4,2013 000000-4 TABLE OF CONTENTS Page 4 of 5 1 33 1210 )Water ter Q,,..,>:ees 1 ineh to 2 ineh 2 33 1211 Large Water Meters 3 33-12 20 Resilient Seated Gate Valve 4 33 1221 A WW A U,.hh,f Q.,..te BtAt,..F1„V.Nes 6 33 1230 Geffibiftatien A i f Valve Assemblies l.lies f,.v,table W,to f Syst . 7 33 1240 Fire Hydt!afits, 8 33 1250 Water Sample Stations 9 333 11 3331 15 High Tlo,-.sity Polyethylene(HDPE)Pipe-F f Sanit.,..,,U.,wef 12 333120 Polyvinyl Chloride(PVC)Gfffvity Sankafy Sewer-Pipe 13 333121 Pel.,,,:,..,1 Chloride(PVC)Closed Pfef 1„n_..ayity Sani,-a fy r,.,,,,,,.Pipe 14 333122 15 33 31 23 Sanitafy Sewer Pipe Enlafgemefft 16 17 333170 Gembiflafiaa Air-Valve f6i: Saii4afy Sewer-Fafee Nfains 18 333910 10 Gast Ulaee n,.,.,.,. to Manholes -�(.�zvccr�c iaz�acc-c�oncrcc�lvrumrvi�� 19 20 33 39 30 Fiber-glass Manholes 21 333940 Wastewater-Aeeess Chambef(WAG) 22 23 24 33 4111 High Density Polyethylene(HDPE)Pipe f ,.C`4.,,-m Tl..,.;„ 25 33 4600 Subdfainage 26 33 4601 Slatted St+3tffl Dfains 27 33 46-02Trenen Drains 28 33 nn 10 Cast in nlaee Manholes and r„n,.,-;e Boxes 29 334920 Gufb and Dfop inlets 30 31 32 Division 34-Transportation 33 3441 10 Tr-affie Signala 34 3441 13 Removing Traffic Signals 35 34 41 20 Roadway Illumination Assemblies 36 34 4130 Aluinftimm Signs 37 3-4 71 7 T.a ffi, r,,.,+..,,1 38 39 Appendix 40 GC 4.01 Mailability of Lands 41 42 GG 4.04Uiid a F. .1., �.uergroAn���- 43 GG 4.06 u.,,,,,., Sus R,,,,;,,,,,,,,.ent l Condition at Sit 44 GC-6.06.D Minority Owned Business Enterprise Compliance 45 GC-6.07 Wage Rates 46 GC-6.09 Permits and Utilities 47 GC-6.24 Nondiscrimination 48 GR 01 60 00 Weduet Requiemefit-s 49 F-01 Davis Bacon Act 50 F-02 Fair Labor Standards Act CITY OF FORT WORTH Traffic Signal Improvements to Serve SH 183 LAQ-Phase II STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No.01531 Revised November 4,2013 000000-5 TABLE OF CONTENTS Page 5 of 5 I F-03 Copeland Act 2 F-04 Contract Work Hours Safety Standards (CWHSSA) - 3 S-01 Modified City of Fort Worth Specifications 4 S-02 Modified City of Fort Worth Standard Details 5 6 7 END OF SECTION CITY OF FORT WORTH Traffic Signal Improvements to Serve SH 183 LAQ-Phase 11 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No.01531 Revised November 4,2013 M&C Review Page 1 of 2 Official site of the City of Fort Worth.Texas CITY COUNCIL AGENDA FORTWORT11 COUNCIL ACTION: Approved on 2/4/2014 REFERENCE ** 20TRAFFIC SIGNAL DATE: 2/4/2014 NO.: C-26657 LOG NAME: IMPROVEMENTS ON SH 183 LAQ CODE: C TYPE: CONSENT PUBLIC NO NO SUBJECT: Authorize Execution of a Construction Contract with Durable Specialties Inc., in the Amount of$295,000.00 to Install New Traffic Signal Hardware and Control Equipment at Three Traffic Signals on State Highway 183 (COUNCIL DISTRICT 2) RECOMMENDATION: It is recommended that the City Council authorize execution of a construction contract with Durable Specialties Inc., in the amount of$295,000.00 for the installation of new traffic signal hardware and control equipment at three traffic signals on State Highway 183. DISCUSSION: This construction contract will install new traffic signal hardware and control equipment at the following three intersections: State Hwy 183 at Jacksboro Hwy (State Hwy 199) State Hwy 183 at Azle Avenue State Hwy 183 at Clinton Avenue These traffic signals represent three of the 15 total signals in the project. Two signals were completed last year and the remaining 10 will be completed this summer. This project is funded with Local Air Quality Program (LAQP) grant monies. The new traffic signal hardware and control equipment will provide for more efficient and reliable traffic signal operations and thereby reduce unnecessary vehicle stops, delay, fuel consumption and air pollution. The City has an existing contract with the North Central Texas Council of Governments to receive reimbursement for 80 percent of the contract costs (M&C C-22903). The City and Tarrant County have committed equally to share the cost of the 20 percent local match under an Interlocal Agreement (M&C G-17050), City Secretary Contract No. 44498, renewal approved 12-3-2013 (M&C C-26578). Funds will be reimbursed by the NCTCOG and Tarrant County after expenditures are made. The funding source percentages and amounts are summarized below: PROJECT FUNDING SOURCE AMOUNT 80 percent - NCTCOG grant funds $236,000.00 10 percent- 2007 Critical Capital Improvement Program Funds $ 29,500.00 10 percent- Tarrant County $ 29,500.00 Total $295,000.00 This project was advertised for bid in the Fort Worth Star-Telegram on November 5, 2013 and November 12, 2013. On November 19, 2013 the following bid was received: http://apps.cfwnet.org/council_packet/me_review.asp?ID=19419&councildate=2/4/2014 2/5/2014 M&C Review Page 2 of 2 BIDDER II BID AMOUNT Durable Specialties Inc. $295,000.00 Price Analysis - Staff has determined that unit prices proposed by the single bidder are reasonable and consistent with recent bid submittals in the Dallas-Fort Worth area for projects of similar size and type. The bid amount falls four percent below the Engineer's cost estimate. M/WBE Office - Durable Specialties Inc., is in compliance with the City's BDE Ordinance by committing to 10 percent MBE participation on this project. The City's MBE goal on this project is eight percent. Project Schedule - The contractor is required to complete work in 120 calendar days. It is estimated that the project will begin in April 2014 and be completed by July 1, 2014. This project is located in COUNCIL DISTRICT 2, Mapsco 61 F, 61 H and 61 L. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated, of the Grant Capital Projects Fund. TO Fund/Account/Centers FROM Fund/Account/Centers GR74 541200 020203470800 $295,000.00 Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Douglas W. Wiersig (7801) Additional Information Contact: Alonzo Linan (7861) ATTACHMENTS Map Traffic Signal Improvements on SH 183.pdf http://apps.cfwnet.org/council_packet/mc review.asp?ID=19419&councildate=2/4/2014 2/5/2014 000510-1 MAYOR AND COUNCIL COMMUNICATION(M&C) Page I of I SECTION 00 0510 2 MAYOR AND COUNCIL COMMUNICATION(M&C) 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 END OF SECTION CITY OF FORT WORTH Traffic Signal Improvements to Serve SH 183 LAQ-Phase 11 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No.01531 Revised July 1,2011 000515-1 ADDENDA Page I of I SECTION 00 0515 2 ADDENDA 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 END OF SECTION CITY OF FORT WORTH Traffic Sig-Dal Improvements to Serve SH 183 LAQ-Phase II STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No.01531 Revised July 1,2011 f Addendum No. 1 Traffic Signal Improvements to Serve SH 183 LSI Q— Phase If City of Fort Worth Project No. 01531 Addendum Issued: December 17, 2013 Bid Date: December 19, 2013 Addendum No. 1 includes the following changes or clarifications to the Project Manual and/or Plans: 1) Project Manual — Bid Proposal a) Section 00 42 43 Proposal Bid Form i) Replace the 00 42 43 Proposal Bid Form with the attached document. The following changes were made: (1) Added pay items 0241.1000 Remove Cone Pvmt (60 SY) and 0241.1300 Remove Cone Curb&Gutter (75 LF). (2) Increased quantity for pay item 0241.0100 Remove Sidewalk from 115 SF to 250 SF to cover additional removals related to installation of signal poles, ground boxes, and conduit. (3) Increased quantity for pay item 3213.0301 4" Concrete Sidewalk from 390 SF to 525 LF to cover additional sidewalk related to the additional sidewalk removals for signal poles, ground boxes, and conduit. (4) Rename pay item 3441.1031 to Audible Pedestrian Pushbutton Station. (5) Reduced quantity for pay item 3441.1311 4/C #14 AWG Multi-Conductor Cable from 195 LF to 155 LF. (6) Removed pay item 3441.1317 6/C #16 AWG Multi-Conductor Cable. (7) Removed pay item 3441.1318 8/C #16 AWG Multi-Conductor Cable. (8) Added pay item 3441.1320 6/C #14 AWG Multi-Conductor Cable with a quantity of 1,811 LF. (9) Added pay item 3441.1321 9/C #14 AWG Multi-Conductor Cable with a quantity of 345 LF. (10) Added pay item 3441.1322 3/C #14 AWG Multi-Conductor Cable with a quantity of 40 LF. KAFTW_TPTO\061018117-WO8-Specs\CCA\Addendum-01\Addeuduui-Nol-01531-SH-183-LAQ.docx 1 b) Appendix Section S-01, Modified City of Fort Worth Specifications i) Specification 26 05 00 Common Work Results for Electrical was inadvertently left out. Please refer to the attached revised specification which shall apply to this project. ii) Specification 34 41 10 Traffic Signals. Several changes have been made to this specification since the project was advertised. Two versions of the revised specification are attached: (1) a red-line version showing the changes and (2) a revised version without the changes shown. The attached specification will govern for this project. c) Appendix Section S-02, Modified City of Fort Worth Standard Details i) Replace Details D604 with the attached version. The attached version shows 9/C #14 AWG cable serving 4-section and 5-section heads, 6/C #14 serving the 3- section heads, and 3/C #14 serving the pedestrian push buttons. ii) Replace Details D673 and D674 with the attached versions. The attached versions call out the pushbutton units as Audible Pedestrian Pushbutton Stations as opposed to Accessible Pedestrian Signal Pushbuttons. 2) Plans a) The following plan sheets will be updated to reflect changes noted above as part of the conformance plans that will be issued to the selected contractor at the Pre-Construction Meeting: i) Sheet 3, General Notes: The City will also furnish the pedestal services. ii) Sheet 4, Estimate Summary: bid items and quantities to be updated. iii) Sheet 23, Existing Conditions and Removals Layout: 0241.1000 and 0241.1300 quantities to be updated. iv) Sheet 25, Traffic Signal Design Charts: Cable/Wire Inside the Pole Chart will be updated to show 3/C #14 AWG, 6/C#14 AWG, and 9/C #14 AWG. v) Sheet 27, Sidewalk and Ramp Layout: Reference to TxDOT Type 22 Curb Ramp will be changed to TxDOT Type 3 Curb Ramp. vi) Sheet 30, Traffic Signal Design Charts: Cable/Wire Inside the Pole Chart will be updated to show 3/C #14 AWG, 6/C #14 AWG, and 9/C #14 AWG. vii) Sheet 35, Traffic Signal Design Charts: Cable/Wire Inside the Pole Chart will be updated to show 3/C #14 AWG, 6/C #14 AWG, and 9/C #14 AWG. viii) Sheets 65-67, note #2 is to be omitted. ix) Standard Details included in the Project Manual and/or Addendum shall override Standard Details in the plan set. K:\FTW_TPTO\061018117-WOS-Specs\CCA\Addenduni-O 1\Addendum-Nol-01531-SH-183-LAQ.docx 2 3) Clarifications a) Sheet 3 — Foundation Note#7: additional concrete to be placed to eliminate gaps will be paid for under pay item 3213.03014" Conc Sidewalk. b) Contractors shall submit concrete mix designs to the City prior to placing concrete. c) Contractor will be responsible for installation and set-up fees that may be charged by the radar detection or audible pedestrian pushbutton station manufacturers. These costs are subsidiary to pay items 3441.1222, 3441.1223, and 3441.1031. d) City is responsible for performing and payment for the first set of concrete Quality Assurance Testing. If the first test fails, the Contractor is responsible for payment of subsequent Quality Assurance testing until a passing test occurs. Refer to specification 01 45 23 Testing and Inspection Services. e) Sheet 34 — Please note that there are two driveways on the NE corner to be reconstructed. There is a leader calling this out. A quantity of 550 SY 8" Concrete Driveway is included in the proposal form for this work. f) Sheet 65 - Lime treatment is not called out for the median nose modifications. Please refer to Detail A on this sheet for the proposed pavement section. TxDOT will not allow full-depth concrete in place of what Detail A shows. g) Please note that there is a detailed traffic control plan on sheets 66 and 67 for the median nose modifications. Flashing arrow boards as shown in the plans are required. Traffic control is paid by the month, and includes traffic control for both the signal installation and median nose modifications. h) Roadway as-built plans for the intersection of SH 183 & SH 199 were not able to be located. It is not known if the existing right-turn channelized islands has pavement underneath or not. i) Contractors have five (5) City business days to submit their MBE forms per specification 00 45 40. j) Contractors shall contact the M/BE office for the latest approved M/BE firms. Please be sure to acknowledge your receipt of this Addendum in your response. Addendum prepared by: Scott R. Arnold, P.E. 817-335-6511, scott.arnold(a)kimley-horn.com Kimley-Horn and Associates, Inc., TBPE Firm No. F-928 K:\FTW_TPTO\061018117-W08-Specs\CCA\Addendum-01\Addendum-Nol-01531-SH-183-LAQ.docx 3 00 11 13-1 INVITATION TO BIDDERS Pagel of2 1 SECTION 00 11 13 2 INVITATION TO BIDDERS 3 RECEIPT OF BIDS 4 Sealed bids for the construction of Traffic Signal Improvements to Serve SH 183 LAQ—Phase II 5 will be received by the City of Fort Worth Purchasing Office: 6 7 City of Fort Worth 8 Purchasing Division 9 1000 Throckmorton Street 10 Fort Worth, Texas 76102 11 until 1:30 P.M. CST,Thursday,December 19, 2013,and bids will be opened publicly and read 12 aloud at 2:00 PM CST in the Council Chambers. 13 14 GENERAL DESCRIPTION OF WORK 15 The major work will consist of the(approximate)following: permanent traffic signal 16 installations, removal of existing traffic signals, sidewalk, driveways, curb ramps, signing, and 17 pavement markings. 18 19 PREQUALIFICATION 20 The improvements included in this project must be performed by a contractor who is pre- 21 qualified by the City at the time of bid opening. The procedures for qualification and pre- 22 qualification are outlined in the Section 00 21 13—INSTRUCTIONS TO BIDDERS. 23 24 DOCUMENT EXAMINATION AND PROCUREMENTS 25 The Bidding and Contract Documents may be examined or obtained on-line by visiting the City 26 of Fort Worth's Purchasing Division website at littp://www.fortNvortligov.01-gLpLli-cliasitie and 27 clicking on the Buzzsaw link to the advertised project folders on the City's Buzzsaw site. The 28 Contract Documents may be downloaded, viewed, and printed by interested contractors and/or 29 suppliers. 30 31 Hard copies of the Bidding and Contract Documents will not be available for purchase. 32 33 PREBID CONFERENCE 34 A prebid conference may be held as described in Section 00 21 13 -INSTRUCTIONS TO 35 BIDDERS at the following location, date, and time: 36 DATE: Thursday,December 12, 2013 37 TIME: 10:00 A.M. 38 PLACE: Traffic Management Division Training Room 39 LOCATION: 5001 James Avenue, Suite 301 40 Fort Worth, TX 76115 41 42 CITY'S RIGHT TO ACCEPT OR REJECT BIDS 43 City reserves the right to waive irregularities and to accept or reject bids. 44 45 FUNDING 46 Any Contract awarded under this INVITATION TO BIDDERS is expected to be funded from 47 revenues generated from grants. 48 49 CITY OF FORT WORTH Traffic Signal Improvements to Serve SH 183 LAQ-Phase 11 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No.01531 Revised July 1,2011 0011 13-2 INVITATION TO BIDDERS Paget oft 1 INQUIRIES 2 All inquiries relative to this procurement should be addressed to the following: 3 4 Attn: Scott R.Arnold,P.E.,Kenley-Horn and Associates,Inc. 5 Email: scott.arnold@kimley-horn.com 6 Phone: 817-335-6511 7 8 ADVERTISEMENT DATES 9 November 28, 2013 10 December 5,2013 11 12 END OF SECTION CITY OF FORT WORTH Traffic Signal Improvements to Serve SH 183 LAQ-Phase 11 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No.01531 Revised July 1,2011 002113-1 INSTRUCTIONS TO BIDDERS Page 1 of 9 1 SECTION 00 2113 2 INSTRUCTIONS TO BIDDERS 3 1. Defined Terms 4 5 1.1.Terns used in these INSTRUCTIONS TO BIDDERS,which are defined in Section 00 72 6 00 - GENERAL CONDITIONS. 7 8 1.2.Certain additional terms used in these INSTRUCTIONS TO BIDDERS have the 9 meanings indicated below which are applicable to both the singular and plural thereof. 10 11 1.2.1. Bidder: Any person, firm, partnership, company, association, or corporation acting 12 directly through a duly authorized representative,submitting a bid for performing 13 the work contemplated under the Contract Documents. 14 15 1.2.2. Nonresident Bidder: Any person, firm, partnership, company, association, or 16 corporation acting directly through a duly authorized representative, submitting a 17 bid for performing the work contemplated under the Contract Documents whose 18 principal place of business is not in the State of Texas. 19 20 1.2.3. Successful Bidder: The lowest responsible and responsive Bidder to whom City 21 (on the basis of City's evaluation as hereinafter provided) makes an award. 22 23 2. Copies of Bidding Documents 24 25 2.1.Neither City nor Engineer shall assume any responsibility for errors or misinterpretations 26 resulting from the Bidders use of incomplete sets of Bidding Documents. 27 28 2.2.City and Engineer in making copies of Bidding Documents available do so only for the 29 purpose of obtaining Bids for the Work and do not authorize or confer a license or grant 30 for any other use. 31 32 3. Prequalification of Bidders (Prime Contractors and Subcontractors) 33 34 3.1.All Bidders and their subcontractors are required to be prequalified for the work types 35 requiring prequalification at the time of bidding.Bids received from contractors who are 36 not prequalified(even if inadvertently opened) shall not be considered. 37 38 3.2.Each Bidder unless currently prequalified, must be prepared to submit to City within 39 seven(7)calendar days prior to Bid opening,the documentation identified ul Section 00 40 45 11,BIDDERS PREQUALIFICATIONS. 41 42 3.2.1. Submission of and/or questions related to prequalification should be addressed to 43 the City contact as provided in Paragraph 6.1. 44 45 CITY OF FORT WORTH Traffic Signal Improvements to Serve SH 183 LAQ-Phase II STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No.0 153 1 Revised December 20,2012 0021 13-2 INSTRUCTIONS TO BIDDERS Page 2 of 9 1 3.3.The City reserves the right to require any pre-qualified contractor who is the apparent low 2 bidder(s)for a project to submit such additional information as the City, hi its sole 3 discretion may require, including but not limited to manpower and equipment records, 4 information about key personnel to be assigned to the project, and construction schedule, 5 to assist the City in evaluating and assessing the ability of the apparent low bidder(s)to 6 deliver a quality product and successfully complete projects for the amount bid within 7 the stipulated time fi•ame. Based upon the City's assessment of the submitted 8 information, a recommendation regarding the award of a contract will be made to the 9 City Council. Failure to submit the additional information, if requested, may be grounds 10 for rejecting the apparent low bidder as non-responsive. Affected contractors will be 11 notified hi writing of a recommendation to the City Council. 12 13 3.4.In addition to prequalification, additional requirements for qualification may be required 14 within various sections of the Contract Documents. 15 16 4. Examination of Bidding and Contract Documents, Other Related Data, and Site 17 18 4.1.Before submitting a Bid, each Bidder shall: 19 20 4.1.1. Examine and carefully study the Contract Documents and other related data 21 identified in the Bidding Documents (including "technical data"referred to in 22 Paragraph 4.2. below). No information given by City or any representative of the 23 City other than that contained in the Contract Documents and officially 24 promulgated addenda thereto, shall be binding upon the City. 25 26 4.1.2. Visit the site to become familiar with and satisfy Bidder as to the general, local and 27 site conditions that may affect cost,progress, performance or furnishing of the 28 Work. 29 30 4.1.3. Consider federal, state and local Laws and Regulations that may affect cost, 31 progress, performance or furnishing of the Work. 32 33 4.1.4. Be advised, City, in accordance with Title VI of the Civil Rights Act of 1964, 78 34 Stat. 252, 42 U.S.C.2000d to 2000d-4 and Title 49, Code of Federal Regulations, 35 Department of Transportation, Subtitle A, Office of the Secretary, Part 21, 36 Nondiscrimination in Federally-assisted programs of the Department of 37 Transportation issued pursuant to such Act, hereby notifies all bidders that it will 38 affirmatively insure that in any contract entered into pursuant to this advertisement, 39 minority business enterprises will be afforded full opportunity to submit bids in 40 response to this invitation and will not be discrirninated against on the grounds of 41 race, color, or national origin in consideration of award. 42 43 4.1.5. Study all: (i)reports of explorations and tests of subsurface conditions at or 44 contiguous to the Site and all drawings of physical conditions relating to existing 45 surface or subsurface structures at the Site(except Underground Facilities)that 46 have been identified in the Contract Documents as containing reliable "technical 47 data" and(ii)reports and drawings of Hazardous Environmental Conditions, if any, 48 at the Site that have been identified in the Contract Documents as containing 49 reliable "technical data." 50 CITY OF FORT WORTH Traffic Signal Improvements to Serve SH 183 LAQ-Pbase II STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No.01531 Revised December 20,2012 0021 13-3 INSTRUCTIONS TO BIDDERS Page 3 of 9 1 4.1.6. Be advised that the Contract Documents on file with the City shall constitute all of 2 the information which the City will furnish.All additional information and data 3 which the City will supply after promulgation of the formal Contract Documents 4 shall be issued in the form of written addenda and shall become part of the Contract 5 Documents just as though such addenda were actually written into the original 6 Contract Documents.No information given by the City other than that contained in 7 the Contract Documents and officially promulgated addenda thereto, shall be 8 binding upon the City. 9 10 4.1.7. Perform independent research, investigations,tests, borings;and such other means 11 as may be necessary to gain a complete knowledge of the conditions which will be 12 encountered during the construction of the project. On request, City may provide 13 each Bidder access to the site to conduct such examinations, investigations, 14 explorations,tests and studies as each,Bidder deems necessary for submission of a 15 Bid. Bidder must fill all holes and clean up and restore the site to its former 16 conditions upon completion of such explorations, investigations,tests and studies. 17 18 4.1.8. Determine the difficulties of the Work and all attending circumstances affecting the 19 cost of doing the Work,time required for its completion, and obtain all information 20 required to make a proposal. Bidders shall rely exclusively and solely upon their 21 own estimates, investigation,research,tests, explorations, and other data which are 22 necessary for full and complete information upon which the proposal is to be based. 23 It is understood that the submission of a proposal is prima-facie evidence that the 24 Bidder has made the investigation, examinations and tests herein required. Claims 25 for additional compensation due to variations between conditions actually 26 encountered in construction and as indicated in the Contract Documents will not be 27 allowed. 28 29 4.1.9. Promptly notify City of all conflicts, errors,ambiguities or discrepancies in or 30 between the Contract Documents and such other related documents. The Contractor 31 shall not take advantage of any gross error or omission in the Contract Documents, 32 and the City shall be permitted to make such corrections or interpretations as may 33 be deemed necessary for fulfillment of the intent of the Contract Documents. 34 35 4.2. Reference is made to Section 00 73 00—Supplementary Conditions for identification of: 36 37 4.2.1. those reports of explorations and tests of subsurface conditions at or contiguous to 38 the site which have been utilized by City in preparation of the Contract Documents. 39 The logs of Soil Borings, if any, on the plans are for general information only. 40 Neither the City nor the Engineer guarantee that the data shown is representative of 41 conditions which actually exist. 42 43 4.2.2. those drawings of physical conditions in or relating to existing surface and 44 subsurface structures(except Underground Facilities)which are at or contiguous to 45 the site that have been utilized by City in preparation of the Contract Documents. 46 CITY OF FORT WORTH Traffic Signal Improvements to Serve SH 183 LAQ-Phase II STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No.01531 Revised December 20,2012 0021 13-4 INSTRUCTIONS TO BIDDERS Page 4 of 9 1 4.2.3. copies of such reports and drawings will be made available by City to any Bidder 2 on request. Those reports and drawings may not be part of the Contract 3 Documents, but the"technical data" contained therein upon which Bidder is entitled 4 to rely as provided un Paragraph 4.02. of the General Conditions has been identified 5 and established in Paragraph SC 4.02 of the Supplementary Conditions. Bidder is 6 responsible for any interpretation or conclusion drawn from any "technical data"or 7 any other data, interpretations, opinions or information. 8 9 4.3.The submission of a Bid will constitute an incontrovertible representation by Bidder(i) 10 that Bidder has complied with every requirement of this Paragraph 4,(ii)that without 11 exception the Bid is premised upon performing and furnishing the Work required by the 12 Contract Documents and applying the specific means,methods,techniques, sequences or 13 procedures of construction(if any)that may be shown or indicated or expressly required 14 by the Contact Documents, (iii)that Bidder has given City written notice of all 15 conflicts, errors, ambiguities and discrepancies in the Contract Documents and the 16 written resolutions thereof by City are acceptable to Bidder, and when said conflicts, 17 etc.,have not been resolved through the interpretations by City as described in 18 Paragraph 6., and(iv)that the Contract Documents are generally sufficient to indicate 19 and convey understanding of all terms and conditions for performing and furnishing the 20 Work. 21 22 4.4.The provisions of this Paragraph 4,inclusive,do not apply to Asbestos,Polychlorinated 23 biphenyls (PCBs),Petroleum,Hazardous Waste or Radioactive Material covered by 24 Paragraph 4.06. of the General Conditions, unless specifically identified in the Contact 25 Documents. 26 27 5. Availability of Lands for Work,Etc. 28 29 5.1.The lands upon which the Work is to be performed,rights-of-way and easements for 30 access thereto and other lands designated for use by Contactor in performing the Work 31 are identified in the Contract Documents. All additional lands and access thereto 32 required for temporary construction facilities, construction equipment or storage of 33 materials and equipment to be incorporated in the Work are to be obtained and paid for 34 by Contractor. Easements for permanent structures or permanent changes in existing 35 facilities are to be obtained and paid for by City unless otherwise provided in the 36 Contract Documents. 37 38 5.2.Outstanding right-of-way, easements, and/or permits to be acquired by the City are listed 39 in Paragraph SC 4.01 of the Supplementary Conditions.In the event the necessary right- 40 of-way, easements, and/or permits are not obtained,the City reserves the right to cancel 41 the award of contract at any time before the Bidder begins any construction work on the 42 project. 43 44 5.3. The Bidder shall be prepared to commence construction without all executed right-of- 45 way, easements, and/or permits, and shall submit a schedule to the City of how 46 construction will proceed in the other areas of the project that do not require permits 47 and/or easements. 48 49 CITY OF FORT WORTH Traffic Signal Improvements to Serve SH 183 LAQ-Phase II STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No.01531 Revised December 20,2012 002113-5 INSTRUCTIONS TO BIDDERS Page 5 of 9 1 6. Interpretations and Addenda 2 3 6.1.All questions about the meaning or intent of the Bidding Documents are to be directed to 4 City in writing on or before 2 p.m.,the Monday prior to the Bid opening. Questions 5 received after this day may not be responded to. Interpretations or clarifications 6 considered necessary by City in response to such questions will be issued by Addenda 7 delivered to all parties recorded by City as having received the Bidding Documents. 8 Only questions answered by formal written Addenda will be binding. Oral and other 9 interpretations or clarifications will be without legal effect. 10 11 Address questions to: 12 13 City of Fort Worth 14 1000 Throckmorton Street 15 Fort Worth, TX 76102 16 Attn: Scott R.Arnold,P.E.,Kimley-Horn and Associates, Inc. 17 Fax: 817-335-5070 18 Email: scott.arnold@kimley-horn,com 19 Phone: (817)335-6511 20 21 22 6.2.Addenda may also be issued to modify the Bidding Documents as deemed advisable by 23 City. 24 25 6.3.Addenda or clarifications may be posted via Buzzsaw at 26 http://fortwortlntexas.gOV/purclnasing/ 27 28 6.4.A prebid conference may be held at the time and place indicated in the Advertisement or 29 INVITATION TO BIDDERS. Representatives of City will be present to discuss the 30 Project. Bidders are encouraged to attend and participate in the conference. City will 31 transmit to all prospective Bidders of record such Addenda as City considers necessary 32 in response to questions arising at the conference. Oral statements may not be relied 33 upon and will not be binding or legally effective. 34 35 7. Bid Security 36 37 7.1.Each Bid must be accompanied by Bid Bond made payable to City in an amount of five 38 (5)percent of Bidder's maximum Bid price on form attached, issued by a surety meeting 39 the requirements of Paragraphs 5.01 of the General Conditions. 40 41 7.2.The Bid Bond of all Bidders will be retained until the conditions of the Notice of Award 42 have been satisfied. If the Successful Bidder fails to execute and deliver the complete 43 Agreement within 10 days after the Notice of Award, City may consider Bidder to be in 44 default,rescind the Notice of Award, and the Bid Bond of that Bidder will be forfeited. 45 Such forfeiture shall be City's exclusive remedy if Bidder defaults. The Bid Bond of all 46 other Bidders whom City believes to have a reasonable chance of receiving the award 47 will be retained by City until final contract execution. 48 CITY OF FORT WORTH Traffic Signal Improvements to Serve SH 183 LAQ-Phase II STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No.01531 Revised December 20,2012 002113-6 INSTRUCTIONS TO BIDDERS Page 6 of 9 1 S. Contract Times 2 The number of days within which, or the dates by which,Milestones are to be achieved in 3 accordance with the General Requirements and the Work is to be completed and ready for 4 Final Acceptance is set forth in the Agreement or incorporated therein by reference to the 5 attached Bid Form. 6 7 9. Liquidated Damages 8 Provisions for liquidated damages are set forth in the Agreement. 9 10 10. Substitute and "Or-Equal" Items 11 The Contract, if awarded,will be on the basis of materials and equipment described in the 12 Bidding Documents without consideration of possible substitute or "or-equal' items. 13 Whenever it is indicated or specified in the Bidding Documents that a "substitute" or "or- 14 equal"item of material or equipment may be fitrnished or used by Contractor if acceptable to 15 City, application for such acceptance will not be considered by City until after the Effective 16 Date of the Agreement. The procedure for submission of any such application by Contractor 17 and consideration by City is set forth in Paragraphs 6.05A., 6.05B. and 6.05C. of the General 18 Conditions and is supplemented in Section 0125 00 of the General Requirements. 19 20 11. Subcontractors, Suppliers and Others 21 22 11.1. In accordance with the City's Business Diversity Enterprise Ordinance No. 20020- 23 12-2011 (as amended),the City has goals for the participation of minority business 24 and/or small business enterprises in City contracts. A copy of the Ordinance can be 25 obtained from the Office of the City Secretary. The Bidder shall submit the MBE and 26 SBE Utilization Form, Subcontractor/Supplier Utilization Form, Prune Contractor 27 Waiver Form and/or Good Faith Effort Form with documentation and/or Joint 28 Venture Form as appropriate.The Forms including documentation must be received 29 by the City no later than 5:00 P.M.CST, five(5)City business days after the bid 30 opening date. The Bidder shall obtain a receipt from the City as evidence the 31 documentation was received. Failure to comply shall render the bid as non- 32 responsive. 33 34 11.2. No Contractor shall be required to employ any Subcontractor, Supplier, other person 35 or organization against whom Contractor has reasonable objection. 36 37 12. Bid Form 38 39 12.1. The Bid Form is included with the Bidding Documents; additional copies may be 40 obtained from the City. 41 42 12.2. All blanks on the Bid Form must be completed by printing in ink and the Bid Form 43 signed in ink. Erasures or alterations shall be initialed in ink by the person signing 44 the Bid Form. A Bid price shall be indicated for each Bid item, alternative, and unit 45 price item listed therein. In the case of optional alternatives, the words "No Bid," 46 "No Change," or "Not Applicable"may be entered. Bidder shall state the prices, 47 written in ink in both words and numerals, for which the Bidder proposes to do the 48 work contemplated or furnish materials required. All prices shall be written legibly. 49 hi case of discrepancy between price in written words and the price in written 50 numerals,the price in written words shall govern. 51 CITY OF FORT WORTH Traffic Signal Improvements to Serve SH 183 LAQ-Phase II STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No.01531 Revised December 20,2012 0021 13-7 INSTRUCTIONS TO BIDDERS Page 7 of 9 1 12.3. Bids by corporations shall be executed in the corporate name by the president or a 2 vice-president or other corporate officer accompanied by evidence of authority to 3 sign. The corporate seal shall be affixed. The corporate address and state of 4 incorporation shall be shown below the signature. 5 6 12.4. Bids by partnerships shall be executed in the partnership name and signed by a 7 partner, whose title must appear under the signature accompanied by evidence of 8 authority to sign. The official address of the partnership shall be shown below the 9 signature. 10 11 12.5. Bids by limited liability companies shall be executed in the name of the firm by a 12 member and accompanied by evidence of authority to sign. The state of formation of 13 the firm and the official address of the firm shall be shown. 14 15 12.6. Bids by individuals shall show the Bidder's name and official address. 16 17 12.7. Bids by joint ventures shall be executed by each joint venturer in the manner 18 indicated on the Bid Form. The official address of the joint venture shall be shown. 19 20 12.8. All names shall be typed or printed in ink below the signature. 21 22 12.9. The Bid shall contain an acknowledgement of receipt of all Addenda,the numbers of 23 which shall be filled in on the Bid Form. 24 25 12.10. Postal and e-mail addresses and telephone number for communications regarding the 26 Bid shall be shown. 27 28 12.11. Evidence of authority to conduct business as a Nonresident Bidder in the state of 29 Texas shall be provided in accordance with Section 00 43 37—Vendor Compliance 30 to State Law Non Resident Bidder. 31 32 13. Submission of Bids 33 Bids shall be submitted on the prescribed Bid Form, provided with the Bidding Documents, 34 at the time and place indicated in the Advertisement or INVITATION TO BIDDERS, 35 addressed to City Manager of the City, and shall be enclosed in an opaque sealed envelope, 36 marked with the City Project Number,Project title,the name and address of Bidder, and 37 accompanied by the Bid security and other required documents. If the Bid is sent through the 38 mail or other delivery system,the sealed envelope shall be enclosed in a separate envelope 39 with the notation "BID ENCLOSED" on the face of it. 40 41 14. Modification and Withdrawal of Bids 42 43 14.1. Bids addressed to the City Manager and filed with the Purchasing Office cannot be 44 withdrawn prior to the time set for bid opening. A request for withdrawal must be 45 made in writing by an appropriate document duly executed in the manner that a Bid 46 must be executed and delivered to the place where Bids are to be submitted at any 47 time prior to the opening of Bids. After all Bids not requested for withdrawal are 48 opened and publicly read aloud,the Bids for which a withdrawal request has been 49 properly filed may, at the option of the City, be returned unopened. 50 CITY OF FORT WORTH Traffic Signal Improvements to Serve SH 183 LAQ-Phase II STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No.01531 Revised December 20,2012 002113-8 INSTRUCTIONS TO BIDDERS Page 8 of 9 1 14.2. Bidders may modify their Bid by electronic communication at any time prior to the 2 time set for the closing of Bid receipt. 3 4 15. Opening of Bids 5 Bids will be opened and read aloud publicly at the place where Bids are to be submitted. An 6 abstract of the amounts of the base Bids and major alternates (if any)will be made available 7 to Bidders after the opening of Bids, 8 9 16. Bids to Remain Subject to Acceptance 10 All Bids will remain subject to acceptance for the time period specified for Notice of Award 11 and execution and delivery of a complete Agreement by Successful Bidder. City may, at 12 City's sole discretion, release any Bid and nullify the Bid security prior to that date. 13 14 17. Evaluation of Bids and Award of Contract 15 16 17.1. City reserves the right to reject any or all Bids, including without 1unitation the rights 17 to reject any or all nonconforming,nonresponsive,unbalanced or conditional Bids 18 and to reject the Bid of any Bidder if City believes that it would not be in the best 19 interest of the Project to make an award to that Bidder, whether because the Bid is 20 not responsive or the Bidder is unqualified or of doubtful financial ability or fails to 21 meet any other pertinent standard or criteria established by City. City also reserves 22 the right to waive informalities not involving price,contract time or changes in the 23 Work with the Successful Bidder. Discrepancies between the multiplication of units 24 of Work and unit prices will be resolved in favor of the unit prices. Discrepancies 25 between the indicated sum of any column of figures and the correct sum thereof will 26 be resolved in favor of the correct sum. Discrepancies between words and figures 27 will be resolved in favor of the words. 28 29 17.1.1. Any or all bids will be rejected if City has reason to believe that collusion exists 30 among the Bidders,Bidder is an interested party to any litigation against City, 31 City or Bidder may have a claim against the other or be engaged in litigation, 32 Bidder is in arrears on any existing contract or has defaulted on a previous 33 contract,Bidder has performed a prior contract in an unsatisfactory manner, or 34 Bidder has uncompleted work which in the judgment of the City will prevent or 35 hinder the prompt completion of additional work if awarded. 36 37 17.2. City may consider the qualifications and experience of Subcontractors, Suppliers, and 38 other persons and organizations proposed for those portions of the Work as to which 39 the identity of Subcontractors, Suppliers, and other persons and organizations must 40 be submitted as provided in the Contract Documents or upon the request of the City. 41 City also may consider the operating costs,maintenance requirements,performance 42 data and guarantees of major items of materials and equipment proposed for 43 incorporation in the Work when such data is required to be submitted prior to the 44 Notice of Award. 45 46 17.3. City may conduct such investigations as City deems necessary to assist in the 47 evaluation of any Bid and to establish the responsibility, qualifications, and financial 48 ability of Bidders,proposed Subcontractors, Suppliers and other persons and 49 organizations to perforin and furnish the Work in accordance with the Contract 50 Documents to City's satisfaction within the prescribed time. 51 CITY OF FORT WORTH Traffic Signal Improvements to Serve SH 183 LAQ-Phase II STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No.01531 Revised December 20,2012 0021 13-9 INSTRUCTIONS TO BIDDERS Page 9 of 9 1 17.4. Contractor shall perform with his own organization, work of a value not less than 2 35% of the value embraced on the Contract,unless otherwise approved by the City. 3 4 17.5. If the Contract is to be awarded, it will be awarded to lowest responsible and 5 responsive Bidder whose evaluation by City indicates that the award will be in the 6 best interests of the City. 7 8 17.6. Pursuant to Texas Government Code Chapter 2252.001,the City will not award 9 contract to a Nonresident Bidder unless the Nonresident Bidder's bid is lower than 10 the lowest bid submitted by a responsible Texas Bidder by the same amount that a 11 Texas resident bidder would be required to underbid a Nonresident Bidder to obtain a 12 comparable contract in the state in which the nonresident's principal place of 13 business is located. 14 15 17.7. A contract is not awarded until formal City Council authorization. If the Contract is 16 to be awarded, City will award the Contract within 90 days after the day of the Bid 17 opening unless extended in writing. No other act of City or others will constitute 18 acceptance of a Bid. Upon the contractor award a Notice of Award will be issued by 19 the City. 20 21 17.8. Failure or refusal to comply with the requirements may result in rejection of Bid. 22 23 18. Signing of Agreement 24 When City issues a Notice of Award to the Successful Bidder, it will be accompanied by the 25 required number of unsigned counterparts of the Agreement. Within 14 days thereafter 26 Contractor shall sign and deliver the required number of counterparts of the Agreement to 27 City with the required Bonds, Certificates of Insurance, and all other required documentation. 28 City shall thereafter deliver one fully signed counterpart to Contractor. 29 30 31 32 END OF SECTION CITY OF FORT WORTH Traffic Signal Improvements to Serve SH 183 LAQ-Phase II STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No.01531 Revised December 20,2012 00 35 13 BID FORM Page 1 of 1 SECTION 00 35 13 CONFLICT OF INTEREST AFFIDAVIT Each bidder, offeror, or respondent (hereinafter also referred to as "you") to a City of Fort Worth (also referred to as "City") procurement are required to complete Conflict of Interest Questionnaire (the attached CIQ Form) and Local Government Officer Conflicts Disclosure Statement (the attached CIS Form) below pursuant to state law. This affidavit will certify that the Bidder has on file with the City Secretary the required documentation and is eligible to bid on City Work. The referenced forms may also be downloaded from the website links provided below. http://www.ethics.state.tx.us/forms/CIQ.pdf http://www.ethics.state.tx.us/forms/CIS.pd ❑ CIQ Form is on file with City Secretary ❑ CIQ Form is being provided to the City Secretary ❑ CIS Form is on File with City Secretary L_I CIS Form is being provided to the City Secretary BIDDER: Durable Specialties, Inc. By:;Jefffre C Bryan PO Box 535969 Signature: G Grand Prairie, TX 75053 Title: President END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120327 00_41_00_00_43_13_00_42 43_00_43_37_00_45_12_00_35_13_Bid_Proposal_Workbook[1].xls CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176, Local Government Code Date Received by a person who has a business relationship as defined by Section 176.001(1-a)with a local governmental entity and the person meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person knowingly violates Section 176.006, Local Government Code.An offense under this section is a Class C misdemeanor. 1 Name of person who has a business relationship with local governmental entity. 2 ❑ Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) 3 Name of local government officer with whom filer has employment or business relationship. "z 114 Name of Officer This section (item 3 including subparts A, B, C & D) must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the filer of the questionnaire? 71 Yes F-1 No B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? F] Yes No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? F1 Yes F-1 No D. Describe each employment or business relationship with the local government officer named in this section. 4 Sig ature f person doing usin ss with the governmental entity Date Adopted 06/29/2007 0041 00 BID FORM Page 1 of 3 SECTION 00 41 00 BID FORM TO: The City Manager c/o: The Purchasing Department 1000 Throckmorton Street City of Fort Worth, Texas 76102 FOR: Traffic Signal Improvements to Serve SH 183 LAQ - Phase II City Project No.: 01531 Units/Sections: 1. Enter Into Agreement The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with City in the form included in the Bidding Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER Acknowledgements and Certification 2.1. In submitting this Bid, Bidder accepts all of the terms and conditions of the INVITATION TO BIDDERS and INSTRUCTIONS TO BIDDERS, including without limitation those dealing with the disposition of Bid Bond. 2.2. Bidder is aware of all costs to provide the required insurance, will do so pending contract award, and will provide a valid insurance certificate meeting all requirements within 14 days of notification of award. 2.3. Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation. 2.4. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid. 2.5. Bidder has not solicited or induced any individual or entity to refrain from bidding. 2.6. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph: a. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process. b. 'fraudulent practice" means an intentional misrepresentation of facts made (a)to influence the bidding process to the detriment of City(b)to establish Bid prices at artificial non-competitive levels, or(c)to deprive City of the benefits of free and open competition. c. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of City, a purpose of which is to establish Bid prices at artificial, non-competitive levels. d. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Traffic Signal Improvements to Serve SH 183 LAQ-Phase If Form Revised 20120327 Project No.01531 U.S.Department of Housing and Urban Development Office of Departmental Operations and Coordination Washington, DC 20410 Email:www.OfficeofLaborRelations@hud.gov w r �.1 Me w, Labor Relations Desk Guide LR01.DG ow�,,twENrQF110 N 2 `e EQUAL HOUSING DE`s OPPORTUNITY F-02 Fair Labor Standards Act THIS PAGE LEFT INTENTIONALLY BLANK w CITY OF FORT WORTH Traffic Signal Installations to Serve SH 183 LAQ—Phase II STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No.01531 Revised July 1,2011 r The Fair Labor Standards ActMN 11 Of1938, As Amended U.S.Wage and Hour Division U.S. Department of Labor Wage and Hour Division WH Publication 1318 Revised May 2011 Vw 40 MR Material contained in this publication is in the public domain and may be reproduced fully or partially,without permission of the Federal Government. Source credit is requested but not required. Permission is required only to reproduce any copyrighted material contained herein. This material may be contained in an alternative Format(Large Print, Braille, or Diskette), upon request by calling: (202) 693-0675. Toll-free help line: 1-866-187-9243 (1-866-4-USWAGE) TTY TDD* phone: 1-877-889-5627 *Telecommunications Device for the Deaf. Internet: www.wagehour.dol.gov PM 1W �- The Fair Labor Standards Act of 1938, as amended 29 U.S.C. 201, et seq. To provide for the establishment of fair labor standards in employments in and affecting interstate commerce, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the"Fair Labor Standards Act of 1938". § 201. Short title This chapter may be cited as the "Fair Labor Standards Act of 1938". § 202. Congressional finding and declaration of policy (a) The Congress finds that the existence, in industries engaged in commerce or in the production of goods for commerce, of labor conditions detrimental to the maintenance of the minimum standard of living necessary for health, efficiency, and general well-being of workers (1) causes commerce and the channels and instrumentalities of commerce to be used to spread and perpetuate such labor conditions among the workers of the several States; (2) burdens commerce and the free flow of goods in commerce; (3) constitutes an unfair method of competition in commerce; (4) leads to labor disputes burdening and obstructing commerce and the free flow of goods in commerce; and (5) interferes with the orderly and fair marketing of goods in commerce. That '• Congress further finds that the employment of persons in domestic service in households affects commerce. (b) It is declared to be the policy of this chapter, through the exercise by Congress of its power to regulate commerce among the several States and with foreign nations, to correct and as rapidly as practicable to eliminate the conditions above referred to in such industries without substantially curtailing employment or earning power. .F 1 Sec. 203 § 203. Definitions .� As used in this chapter— (a) "Person" means an individual, partnership, association, corporation, business trust, legal representative, or any organized group of persons. (b) "Commerce" means trade, commerce, transportation, transmission, or communication among the several States or between any State and any place outside thereof. (c) "State" means any State of the United States or the District of Columbia or any Territory or possession of the United States. (d) "Employer" includes any person acting directly or indirectly in the interest of an employer in relation to an employee and includes a public agency, but does not include any labor organization (other than when acting as an employer) or anyone acting in the capacity of officer or agent of such labor organization. (e) (1) Except as provided in paragraphs (2), (3), and (4), the term "employee" means any individual employed by an employer. (2) In the case of an individual employed by a public agency, such term means— (A) any individual employed by the Government of the United States— (i) as a civilian in the military departments (as defined in section 102 of Title 5), (ii) in any executive agency (as defined in section 105 of such title), (iii) in any unit of the judicial branch of the Government which has positions in the competitive service, (iv) in a nonappropriated fund instrumentality under the jurisdiction of the Armed Forces, (v) in the Library of Congress, or (vi) the Government Printing Office; (B) any individual employed by the United States Postal Service or the Postal Regulatory Commission; and (C) any individual employed by a State, political subdivision of a State, or an interstate governmental agency, other than such an individual- 2 Sec. 203(e)(2)(C)(i) (i) who is not subject to the civil service laws of the State, political subdivision, or agency which employs him; and (ii) who— (11) holds a public elective office of that State, political subdivision, or agency, (II) is selected by the holder of such an office to be a member of his personal staff, (III) is appointed by such an officeholder to serve on a policymaking level, (IV) is an immediate adviser to such an officeholder with respect to the constitutional or legal powers of his office, or (V) is an employee in the legislative branch or legislative body of that State, political subdivision, or agency and is not employed by the legislative library of such State, political subdivision, or agency. (3) For purposes of subsection (u) of this section, such term does not include any individual employed by an employer engaged in agriculture if such individual is the parent, spouse, child, or other member of the employer's immediate family. (4) (A) The term "employee" does not include any individual who volunteers to perform services for a public agency which is a State, a political subdivision of a State, or an interstate governmental agency, if— (i) the individual receives no compensation or is paid expenses, reasonable benefits, or a nominal fee to perform the services for which the individual volunteered; and (ii) such services are not the same type of services which the individual is employed to perform for such public agency. i (B) An employee of a public agency which is a State, political subdivision of a State, or an interstate governmental agency may volunteer to perform services for any other State, political subdivision, or interstate governmental agency, including a State, political subdivision or agency with which the employing State, political subdivision, or agency has a mutual aid agreement. (5) The term "employee" does not include individuals who volunteer their services solely for humanitarian purposes to private non-profit food banks and who receive from the food banks groceries. 3 Sec. 203(f) (f) "Agriculture" includes farming in all its branches and among other things includes the cultivation and tillage of the soil, dairying, the production, cultivation, growing, and harvesting of any agricultural or horticultural commodities (including commodities defined as agricultural commodities in section 1141j(g) of Title 12), the raising of livestock, bees, fur-bearing animals, or poultry, and any practices (including any forestry or lumbering operations) performed by a farmer or on a farm as an incident to or in conjunction with such farming operations, including preparation for market, delivery to storage or to market or to carriers for transportation to market. (g) "Employ" includes to suffer or permit to work. (h) "Industry" means a trade, business, industry, or other activity, or branch or group thereof, in which individuals are gainfully employed. (i) "Goods" means goods (including ships and marine equipment), wares, products, commodities, merchandise, or articles or subjects of commerce of any character, or any part or ingredient thereof, but does not include goods after their delivery into the actual physical possession of the ultimate consumer thereof other than a producer, manufacturer, or processor thereof. (j) "Produced" means produced, manufactured, mined, handled, or in any other manner worked on in any State; and for the purposes of this chapter an employee shall be deemed to have been engaged in the production of goods if such employee was employed in producing, manufacturing, mining, handling, transporting, or in any other manner working on such goods, or in any closely related process or occupation directly essential to the production thereof, in any State. (k) "Sale" or"sell" includes any sale, exchange, contract to sell, consignment for sale, shipment for sale, or other disposition. (1) "Oppressive child labor" means a condition of employment under which (1) any employee under the age of sixteen years is employed by an employer (other than a parent or a person standing in place of a parent employing his own child or a child in his custody under the age of sixteen years in an occupation other than manufacturing or mining or an occupation found by the- Secretary heSecretary of Labor to be particularly hazardous for the employment of children between the ages of sixteen and eighteen years or detrimental to their health or well-being) in any occupation, or (2) any employee between the ages of sixteen and eighteen years is employed by an employer in any occupation which the Secretary of Labor shall find and by order declare to be particularly hazardous for the employment of children between such ages or detrimental to their health 01- well-being; rwell-being; but oppressive child labor shall not be deemed to exist by vi rtue of the employment in any occupation of any person with respect to whom the employer shall have on file an unexpired certificate issued and held pursuant to regulations of the Secretary of Labor certifying that such person is above the oppressive child-labor age. The Secretary of Labor shall provide by regulation or by order that the employment of employees between the a 9 es of fourteen and sixteen years in occupations other than manufacturing a nd 4 ; j Sec. 203(1)(2) mining shall not be deemed to constitute oppressive child labor if and to the extent that the Secretary of Labor determines that such employment is confined to periods which will not interfere with their schooling and to conditions which will not interfere with their health and well-being. 1 (m) "Wage paid to any employee includes the reasonable cost, as determined by the Administrator, to the employer of furnishing such employee with board, lodging, or other facilities, if such board, lodging, or other facilities are customarily furnished by such employer to his employees: Provided, That the cost of board, lodging, or other facilities shall not be included as a part of the wage paid to any employee to the extent it is excluded therefrom under the terms of a bona fide collective- bargaining agreement applicable to the particular employee: Provided further, That the Secretary is authorized to determine the fair value of such board,lodging, or other facilities for defined classes of employees and in defined areas, based on average cost to the employer or to groups of employers similarly situated, or N average value to groups of employees, or other appropriate measures of fair value. Such evaluations, where applicable and pertinent, shall be used in lieu of actual - measure of cost in determining the wage paid to any employee. In determining the wage an employer is required to pay a tipped employee, the amount paid such employee by the employee's employer shall be an amount equal to— (1) the cash wage paid such employee which for purposes of such determination shall be not less than the cash wage required to be paid such an employee on August 20, 1996; and (2) an additional amount on account of the tips received by such employee which amount is equal to the difference between the wage specified in paragraph (1) and the wage in effect under section 206(a)(1) of this title. The additional amount on account of tips may not exceed the value of the tips actually received by an employee. The preceding 2 sentences shall not apply with respect to any tipped employee unless such employee has been informed by the employer of the provisions of this subsection, and all tips received by such employee have been retained by the employee, except that this subsection shall not be construed to prohibit the pooling of tips among employees who customarily and j regularly receive tips. (n) "Resale" shall not include the sale of goods to be used in residential or farm building construction, repair, or maintenance: Provided, That the sale is recognized as a bona fide retail sale in the industry. (o) Hours Worked.— In determining for the purposes of sections 206 and 207 of this title the hours for which an employee is employed, there shall be excluded any time spent in changing clothes or washing at the beginning or end of each workday which was excluded from measured working time during the week involved by the express terms of or by custom or practice under a bona fide collective-bargaining agreement applicable to the particular employee. (p) "American vessel" includes any vessel which is documented or numbered under I the laws of the United States. J (q) "Secretary" means the Secretary of Labor. Sec. 203(r) (r) (1) "Enterprise" means the related activities performed (either through unified operation or common control) by any person or persons for a common business purpose, and includes all such activities whether performed in one or more establishments or by one or more corporate or other organizational units including departments of an establishment operated through leasing arrangements, but shall not include the related activities performed for such enterprise by an independent contractor. Within the meaning of this subsection, a retail or service establishment which is under independent ownership shall not be deemed to be so operated or controlled as to be other than a separate and distinct enterprise by reason of any arrangement, which includes, but is not necessarily limited to, an agreement, (A) that it will sell, or sell only, certain goods specified by a particular manufacturer, distributor, or advertiser, or (B) that it will join with other such establishments in the same industry for the purpose of collective purchasing, or (C) that it will have the exclusive right to sell the goods or use the brand name of a manufacturer, distributor, or advertiser within a specified area, or by reason of the fact that it occupies premises leased to it by a person who also leases premises to other retail or service establishments. (2) For purposes of paragraph (1), the activities performed by any person or persons— (A) in connection with the operation of a hospital, an institution primarily engaged in the care of the sick, the aged, the mentally ill or defective who reside on the premises of such institution, a school for mentally or physically handicapped or gifted children, a preschool, elementary or secondary school, or an institution of higher education — (regardless of whether or not such hospital, institution, or school is operated for profit or not for profit), or (B) in connection with the operation of a street, suburban or interurban electric railway, or local trolley or motorbus carrier, if the rates and services of such railway or carrier are subject to regulation by a State or local agency (regardless of whether or not such railway or carrier is public or private or operated for profit or not for profit), or (C) in connection with the activities of a public agency, shall be deemed to be activities performed for a business purpose. 6 Sec. 203(s) (S) (1)"Enterprise engaged in commerce or in the production of goods for commerce" means an enterprise that— (A) (i) has employees engaged in commerce or in the production of goods for commerce, or that has employees handling, selling, or otherwise working on goods or materials that have been moved in or produced for commerce by any person; and i (ii) is an enterprise whose annual gross volume of sales made 1 or business done is not less than $500,000 (exclusive of excise Y taxes at the retail level that are separately stated); (B) is engaged in the operation of a hospital, an institution primarily engaged.in the care of the sick, the aged, or the mentally ill or defective who reside on the premises of such institution, a school for mentally or physically handicapped or gifted children, a preschool, l elementary or secondary school, or an institution of higher education f (regardless of whether or not such hospital, institution, or school is public or private or operated for profit or not for profit); or (C) is an activity of a public agency. (2) Any establishment that has as its only regular employees the owner thereof or the parent, spouse, child, or other member of the immediate family of such owner shall not be considered to be an enterprise engaged in commerce or in the production of goods for commerce or a part of such an enterprise:The sales of such an establishment shall not be included for the purpose of determining the annual gross volume of sales of any enterprise for the purpose of this subsection. 1 (t) "Tipped employee" means any employee engaged in an occupation in which he customarily and regularly receives more than $30 a month in tips. (u) "Man-day" means any day during which an employee performs any agricultural labor for not less than one hour. (v) "Elementary school" means a day or residential school which provides elementary education, as determined under State law. (w) "Secondary school" means a day or residential school which provides secondary education, as determined under State law. �l (x) "Public agency" means the Government of the United States; the government of a State or political subdivision thereof; any agency of the United States (including the United States Postal Service and Postal Regulatory Commission), a State, or a political subdivision of a State; or any interstate governmental agency. (y) "Employee in fire protection activities" means an employee, including a firefighter, paramedic, emergency medical technician, rescue worker, ambulance J! personnel, or hazardous materials worker, who- 7 _1 Sec. 203(y)(1) (1) is trained in fire suppression, has the legal authority and responsibility to engage in fire suppression, and is employed by a fire department of a municipality, county, fire district, or State; and (2) is engaged in the prevention, control, and extinguishment of fires or response to emergency situations where life, property, or the environment is at risk. § 204. Administration (a) Creation of Wage and Hour Division in Department of Labor; Administrator There is created in the Department of Labor a Wage and Hour Division which shall be under the direction of an Administrator, to be known as the Administrator of the Wage and Hour Division (in this chapter referred to as the"Administrator"). The Administrator shall be appointed by the President, by and with the advice and consent of the Senate. (b) Appointment, selection, classification, and promotion of employees by Administrator The Administrator may, subject to the civil-service laws, appoint such employees as he deems necessary to carry out his functions and duties under this chapter and shall fix their compensation in accordance with chapter 51 and subchapter III of chapter 53 of Title 5. The Administrator may establish and utilize such regional, local, or other agencies, and utilize such voluntary and uncompensated services, as may from time to time be needed. Attorneys appointed under this section may appear for and represent the Administrator in any litigation, but all such litigation shall be subject to the direction and control of the Attorney General. In the appointment, selection, classification, and promotion of officers and employees of the Administrator, no political test or qualification shall be permitted or given consideration, but all such appointments and promotions shall be given and made on the basis of merit and efficiency. (c) Principal office of Administrator; jurisdiction The principal office of the Administrator shall be in the District of Columbia, but he or his duly authorized representative may exercise any or all of his powers in any place. (d) Biennial report to Congress; studies of exemptions to hour and wage provisions and means to prevent curtailment of employment opportunities (1) The Secretary shall submit biennially in January a report to the Congress covering his activities for the preceding two years and including such information, data, and recommendations for further legislation in connection with the matters covered by this chapter as he may find advisable. Such report shall contain an evaluation and appraisal by the Secretary of the minimum wages and overtime coverage established by this chapter, together with his recommendations to the Congress. In making such evaluation and appraisal, the Secretary shall take into consideration any changes which may 8 Sec. 204 d 1 have occurred in the cost of living and in productivity and the level of wages in manufacturing, the ability of employers to absorb wage increases, and such } other factors as he may deem pertinent. Such report shall also include a Isummary of the special certificates issued under section 214(b) of this title. (2) The Secretary shall conduct studies on the justification or lack thereof for each of the special exemptions set forth in section 213 of this title, and the extent to which such exemptions apply to employees of establishments described in subsection (g) of such section and the economic effects of the application of such exemptions to such employees. The Secretary shall submit a report of his findings and recommendations to the Congress with respect to the studies conducted under this paragraph not later than January 1, 1976. (3) The Secretary shall conduct a continuing study on means to prevent curtailment of employment opportunities for manpower groups which have had historically high incidences of unemployment (such as disadvantaged minorities, youth, elderly, and such other groups as the Secretary may designate). The first report of the results of such study shall be transmitted to the Congress not later than one year after the effective date of the Fair Labor I Standards Amendments of 1974. Subsequent reports on such study shall be J transmitted to the Congress at two-year intervals after such effective date. Each such report shall include suggestions respecting the Secretary's 1 authority under section 214 of this title. J (e) Study of effects of foreign production on unemployment; report to President and Congress Whenever the Secretary has reason to believe that in any industry under this chapter the competition of foreign producers in United States markets or in markets abroad, 1 or both, has resulted, or is likely to result, in increased unemployment in the United J States, he shall undertake an investigation to gain full information with respect to the matter. If he determines such increased unemployment has in fact resulted, or is i in fact likely to result, from such competition, he shall make a full and complete I report of his findings and determinations to the President and to the Congress: Provided, That he may also include in such report information on the increased employment resulting from additional exports in any industry under this chapter as he may determine to be pertinent to such report. (f) Employees of Library of Congress; administration of provisions by Office lof Personnel Management The Secretary is authorized to enter into an agreement with the Librarian of 1 Congress with respect to individuals employed in the Library of Congress to provide for the carrying out of the Secretary's functions under this chapter with respect to such individuals. Notwithstanding any other provision of this chapter, or any other law, the Director of the Office of Personnel Management is authorized to administer the provisions of this chapter with respect to any individual employed by the United States (other than an individual employed in the Library of Congress, United States Postal Service, Postal Regulatory Commission, or the Tennessee Valley Authority). I Nothing in this subsection shall be construed to affect the right of an employee to J bring an action for unpaid minimum wages, or unpaid overtime compensation, and I liquidated damages under section 216(b) of this title. l 9 Sec. 205 § 205. Repealed. Pub.L. 110-28, Title VIII, § 8103(c)(1)(A), May 25, 2007, 121 Stat. 189 § 206. Minimum wage (a) Employees engaged in commerce; home workers in Puerto Rico and Virgin Islands; employees in American Samoa; seamen on American vessels; agricultural employees Every employer shall pay to each of his employees who in any workweek is engaged in commerce or in the production of goods for commerce, or is employed in an enterprise engaged in commerce or in the production of goods for commerce, wages at the following rates: (1) except as otherwise provided in this section, not less than— (A) $5.85 an hour beginning on the 60th day after May 25, 2007; (B) $6.55 an hour, beginning 12 months after that 60th day; and (C) $7.25 an hour, beginning 24 months after that 60th day: (2) if such employee is a home worker in Puerto Rico or the Virgin Islands, not less than the minimum piece rate prescribed by regulation or order; or, if no such minimum piece rate is in effect, any piece rate adopted by such employer which shall yield, to the proportion or class of employees prescribed by regulation or order, not less than the applicable minimum hourly wage rate. Such minimum piece rates or employer piece rates shall be commensurate with, and shall be paid in lieu of, the minimum hourly wage rate applicable under the provisions of this section. The Administrator, or his authorized representative, shall have power to make such regulations or orders as are necessary or appropriate to carry out any of the provisions of this paragraph, including the power without limiting the generality of the foregoing, to define any operation or occupation which is performed by such home work employees in Puerto Rico or the Virgin Islands; to establish minimum piece rates for any operation or occupation so defined; to prescribe the method and procedure for ascertaining and promulgating minimum piece rates; to prescribe standards for employer piece rates, including the proportion or class of employees who shall receive not less than the minimum hourly wage rate; to define the term "home worker"; and to prescribe the conditions under which employers, agents, contractors, and subcontractors shall cause goods to be produced by home workers; (3) if such employee is employed as a seaman on an American vessel, not less than the rate which will provide to the employee, for the period covered by the wage payment, wages equal to compensation at the hourly rate prescribed by paragraph (1) of this subsection for all hours during such period when he was actually on duty (including periods aboard ship when the employee was on watch or was, at the direction of a superior officer, performing work or standing by, but not including off-duty periods which are provided pursuant to the employment agreement); or 10 Sec. a 206 ( )(4) (4) if such employee is employed in agriculture, not less than the minimum 1 wage rate in effect under paragraph (1) after December 31, 1977. I (5) Redesignated (4) 1 (b) Additional applicability to employees pursuant to subsequent amendatory provisions Every employer shall pay to each of his employees (other than an employee to whom subsection (a)(5) of this section applies) who in any workweek is engaged in commerce or in the production of goods for commerce, or is employed in an enterprise engaged in commerce or in the production of goods for commerce, and who in such workweek is brought within the purview of this section by the amendments made to this chapter by the Fair Labor Standards Amendments of 1966, title IX of the Education Amendments of 1972 [20 U.S.C.A. § 1681 et seq.], or the Fair Labor Standards Amendments of 1974, wages at the following rate: Effective after December 31, 1977, not less than the minimum wage rate in effect under subsection(a)(1) of this section. J (c) Repealed. Pub.L. 104-188, [Title III], § 21O4(c), Aug. 20, 1996, 110 Stat. 1929 (d) Prohibition of sex discrimination (1)No employer having employees subject to any provisions of this section 1 shall discriminate, within any establishment in which such employees are employed, between employees on the basis of sex by paying wages to employees in such establishment at a rate less than the rate at which he pays j wages to employees of the opposite sex in such establishment for equal work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions, except where such payment is made pursuant to (i) a seniority system; 1 (ii) a merit system; J (iii) a system which measures earnings by quantity or quality of I production; or J (iv) a differential based on any other factor other than sex: Provided, I That an employer who is paying a wage rate differential in violation of this subsection shall not, in order to comply with the provisions of this subsection, reduce the wage rate of any employee. I (2) No labor organization, or its agents, representing employees of an 1 employer having employees subject to any provisions of this section shall cause or attempt to cause such an employer to discriminate against an employee in violation of paragraph (1) of this subsection. (3) For purposes of administration and enforcement, any amounts owing to any employee which have been withheld in violation of this subsection shall 11 Sec. 206(d)(3) be deemed to be unpaid minimum wages or unpaid overtime compensation under this chapter. (4) As used in this subsection, the term "labor organization" means any organization of any kind, or any agency or employee representation committee or plan, in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work. (e) Employees of employers providing contract services to United States (1) Notwithstanding the provisions of section 213 of this title (except subsections (a)(1) and (f) thereof), every employer providing any contract services (other than linen supply services) under a contract with the United States or any subcontract thereunder shall pay to each of his employees whose rate of pay is not governed by the Service Contract Act of 1965 (41 U.S.C. 351-357) or to whom subsection (a)(1) of this section is not applicable, wages at rates not less than the rates provided for in subsection (b) of this section. (2) Notwithstanding the provisions of section 213 of this title (except subsections (a)(1) and (f) thereof) and the provisions of the Service Contract Act of 1965 [41 U.S.C.A. § 351 et seq.] every employer in an establishment providing linen supply services to the United States under a contract with the United States or any subcontract thereunder shall pay to each of his employees in such establishment wages at rates not less than those prescribed in subsection (b) of this section, except that if more than 50 per centum of the gross annual dollar volume of sales made or business done by such establishment is derived from providing such linen supply services under any such contracts or subcontracts, such employer shall pay to each of his employees in such establishment wages at rates not less than those prescribed in subsection (a)(1) of this section. (f) Employees in domestic service Any employee— (1) who in any workweek is employed in domestic service in a household shall be paid wages at a rate not less than the wage rate in effect under subsection (b) of this section unless such employee's compensation for such service would not because of section 209(a)(6) of the Social Security Act [42 U.S.C.A. § 409(a)(6)] constitute wages for the purposes of title II of such Act [42 U.S.C.A. § 401 et seq.], or (2) who in any workweek— (A) is employed in domestic service in one or more households, and (B) is so employed for more than 8 hours in the aggregate, shall be paid wages for such employment in such workweek at a rate not less than the wage rate in effect under subsection (b) of this section. 12 I Sec. 206(8) 1 (g) Newly hired employees who are less than 20 years old (1) In lieu of the rate prescribed by subsection (a)(1) of this section, any employer may pay any employee of such employer, during the first 90 consecutive calendar days after such employee is initially employed by such employer, a wage which is not less than $4.25 an hour. (2) No employer may take any action to displace employees (including partial displacements such as reduction in hours, wages, or employment benefits) for 1 purposes of hiring individuals at the wage authorized in paragraph (1). (3) Any employer who violates this subsection shall be considered to have 1 violated section 215(a)(3) of this title. 1 (4) This subsection shall only apply to an employee who has not attained the age of 20 years. § 207. Maximum hours I (a) Employees engaged in interstate commerce; additional applicability to employees pursuant to subsequent amendatory provisions (1) Except as otherwise provided in this section, no employer shall employ any of his employees who in any workweek is engaged in commerce or in the production of goods for commerce, or is employed in an enterprise engaged 1 in commerce or in the production of goods for commerce, for a workweek 1 longer than forty hours unless such employee receives compensation for his employment in excess of the hours above specified at a rate not less than one and one-half times the regular rate at which he is employed. (2) No employer shall employ any of his employees who in any workweek is 1 engaged in commerce or in the production of goods for commerce, or is employed in an enterprise engaged in commerce or in the production of goods for commerce, and who in such workweek is brought within the purview of this subsection by the amendments made to this chapter by the Fair Labor 1 Standards Amendments of 1966— (A) for a workweek longer than forty-four hours during the first year from the effective date of the Fair Labor Standards Amendments of 1966, (B) for a workweek longer than forty-two hours during the second Jyear from such date, or (C) for a workweek longer than forty hours after the expiration of the 1 second year from such date, unless such employee receives compensation for his employment in excess of the hours above specified at a rate not less than one and one-half times the regular rate at which he is employed. 1 13 Sec. 207(b) (b) Employment pursuant to collective bargaining agreement; employment by independently owned and controlled local enterprise engaged in distribution of petroleum products No employer shall be deemed to have violated subsection (a) of this section by employing any employee for a workweek in excess of that specified in such subsection without paying the compensation for overtime employment prescribed therein if such employee is so employed— (1) in pursuance of an agreement, made as a result of collective bargaining by representatives of employees certified as bona fide by the National Labor Relations Board, which provides that no employee shall be employed more than one thousand and forty hours during any period of twenty-six consecutive weeks; or (2) in pursuance of an agreement, made as a result of collective bargaining by representatives of employees certified as bona fide by the National Labor Relations Board, which provides that during a specified period of fifty-two consecutive weeks the employee shall be employed not more than two thousand two hundred and forty hours and shall be guaranteed not less than one thousand eight hundred and forty-hours (or not less than forty-six weeks at the normal number of hours worked per week, but not less than thirty hours per week) and not more than two thousand and eighty hours of employment for which he shall receive compensation for all hours guaranteed or worked at rates not less than those applicable under the agreement to the work performed and for all hours in excess of the guaranty which are also in excess of the maximum workweek applicable to such employee under subsection (a) of this section or two thousand and eighty in such period at rates not less than one and one-half times the regular rate at which he is employed; or (3) by an independently owned and controlled local enterprise (including an enterprise with more than one bulk storage establishment) engaged in the wholesale or bulk distribution of petroleum products if— (A) the annual gross volume of sales of such enterprise is less than $1,000,000 exclusive of excise taxes, (13) more than 75 per centum of such enterprise's annual dollar volume of sales is made within the State in which such enterprise is located, and (C) not more than 25 per centum of the annual dollar volume of sales of such enterprise is to customers who are engaged in the bulk distribution of such products for resale, and such employee receives compensation for employment in excess of forty hours in any workweek at a rate not less than one and one-half times the minimum wage rate applicable to him under section 206 of this title, and if such employee receives compensation for employment in excess of twelve hours in any workday, or for employment in excess of fifty-six hours in 14 l Sec. 207(b)(3)(C) 1 any workweek, as the case may be, at a rate not less than one and one-half times the regular rate at which he is employed. I (c), (d) Repealed. Pub.L. 93`-259, § 19(e), Apr. 8, 1974,88 Stat. 66 (e) "Regular rate" defined As used in this section the"regular rate" at which an employee is employed shall be deemed to include all remuneration for employment paid to, or on behalf of, the 1 employee, but shall not be deemed to include— (1) sums paid as gifts; payments in the nature of gifts made at Christmas 1 time or on other special occasions, as a reward for service, the amounts of 1 which are not measured by or dependent on hours worked, production, or efficiency; (2) payments made for occasional periods when no work is performed due to vacation, holiday, illness, failure of the employer to provide sufficient work, or other similar cause; reasonable payments for traveling expenses, or other expenses, incurred by an employee in the furtherance of his employer's interests and properly reimbursable by the employer; and other similar payments to an employee which are not made as compensation for his hours of employment; (3) sums paid in recognition of services performed during a given period if either, (a) both the fact that payment is to be made and the amount of the payment are determined at the sole discretion of the employer at or near the end of the period and not pursuant to any prior contract,agreement, or promise causing the employee to expect such payments regularly; or (b) the 1 payments are made pursuant to a bona fide profit-sharing plan or trust or 1 bona fide thrift or savings plan, meeting the requirements of the Administrator set forth in appropriate regulations which he shall issue, having due regard among other relevant factors, to the extent to which the amounts paid to the employee are determined without regard to hours of work, production, or efficiency; or (c) the payments are talent fees (as such talent fees are defined and delimited by regulations of the Administrator) paid to performers, including announcers, on radio and television programs; (4) contributions irrevocably made by an employer to a trustee or third I person pursuant to a bona fide plan for providing old-age, retirement, life, 1 accident, or health insurance or similar benefits for employees; 1 (5) extra compensation provided by a premium rate paid for certain hours worked by the employee in any day of workweek because such hours are hours worked in excess of eight in a day or in excess of the maximum workweek applicable to such employee under subsection (a) of this section or in excess of the employee's normal working hours or regular working hours, as the case may be; I (6) extra compensation provided by a premium rate paid for work by the employee on Saturdays, Sundays, holidays, or regular days of rest, or on the sixth or seventh day of the workweek, where such premium rate is not less 15 Sec. 207(e)(6) than one and one-half times the rate established in good faith for like work performed in nonovertime hours on other days; (7) extra compensation provided by a premium rate paid to the employee, in pursuance of an applicable employment contract or collective-bargaining agreement, for work outside of the hours established in good faith by the contract or agreement as the basic, normal, or regular workday (not exceeding eight hours) or workweek (not exceeding the maximum workweek applicable to such employee under subsection (a) of this section, where such premium rate is not less than one and one-half times the rate established in good faith by the contract or agreement for like work performed during such workday or workweek; or (8) any value or income derived from employer-provided grants or rights provided pursuant to a stock option, stock appreciation right, or bona fide employee stock purchase program which is not otherwise excludable under any of paragraphs (1) through (7) if— (A) grants are made pursuant to a program, the terms and conditions of which are communicated to participating employees either at the beginning of the employee's participation in the program or at the time of the grant; (B) in the case of stock options and stock appreciation rights, the grant or right cannot be exercisable for a period of at least 6 months after the time of grant (except that grants or rights may become exercisable because of an employee's death, disability, retirement, or a change in corporate ownership, or other circumstances permitted by regulation), and the exercise price is at least 85 percent of the fair market value of the stock at the time of grant; (C) exercise of any grant or right is voluntary; and (D) any determinations regarding the award of, and the amount of, employer-provided grants or rights that are based on performance are— (i) made based upon meeting previously established performance criteria (which may include hours of work, efficiency, or productivity) of any business unit consisting of at least 10 employees or of a facility, except that, any determinations may be based on length of service or minimum schedule of hours or days of work; or (ii) made based upon the past performance (which may include any criteria) of one or more employees in a given period so long as the determination is in the sole discretion of the employer and not pursuant to any prior contract. (f) Employment necessitating irregular hours of work No employer shall be deemed to have violated subsection (a) of this section by employing any employee for a workweek in excess of the maximum workweek 16 1 Sec. 207(f) 1 applicable to such employee under subsection (a) of this section if such employee is employed pursuant to a bona fide individual contract, or pursuant to an agreement made as a result of collective bargaining by representatives of employees, if the duties of such employee necessitate irregular hours of work, and the contract or agreement (i) specifies a regular rate of pay of not less than the minimum hourly rate provided in subsection (a) or (b) of section 206 of this title (whichever may be applicable) and compensation at not less than one and one-half times such I rate for all hours worked in excess of such maximum workweek, and (2) provides a weekly guaranty of pay for not more than sixty hours based on the rates so specified. (g) Employment at piece rates 1 No employer shall be deemed to have violated subsection (a) of this section by employing any employee for a workweek in excess of the maximum workweek applicable to such employee under such subsection if, pursuant to an agreement or understanding arrived at between the employer and the employee before performance of the work, the amount paid to the employee for the number of hours worked by him in such workweek in excess of the maximum workweek applicable to such employee under such subsection— (1) in the case of an employee employed at piece rates, is computed at piece rates not less than one and one-half times the bona fide piece rates lapplicable to the same work when performed during nonovertime hours; or (2) in the case of an employee performing two or more kinds of work for 1 which different hourly or piece rates have been established, is computed at rates not less than one and one-half times such bona fide rates applicable to the same work when performed during nonovertime hours; or (3) is computed at a rate not less than one and one-half times the rate established by such agreement or understanding as the basic rate to be used in computing overtime compensation thereunder: Provided, That the rate so established shall be authorized by regulation by the Administrator as being substantially equivalent to the average hourly earnings of the employee, exclusive of overtime premiums, in the particular work over a representative 1 period of time; J and if J (i) the employee's average hourly earnings for the workweek exclusive of payments described in paragraphs (1) through (7) of 1 subsection (e) of this section are not less than the minimum hourly rate required by applicable law, and (ii) extra overtime compensation is properly computed and paid on other forms of additional pay required to be included in computing the J regular rate. 17 Sec. 207(h) (h) Extra compensation creditable toward overtime compensation (1) Except as provided in paragraph (2), sums excluded from the regular rate pursuant to subsection (e) of this section shall not be creditable toward wages required under section 6 or overtime compensation required under this section. (2) Extra compensation paid as described in paragraphs (5), (6), and (7) of subsection (e) of this section shall be creditable toward overtime compensation payable pursuant to this section. (i) Employment by retail or service establishment No employer shall be deemed to have violated subsection (a) of this section by employing any employee of a retail or service establishment for a workweek in excess of the applicable workweek specified therein, if (1) the regular rate of pay of such employee is in excess of one and one-half times the minimum hourly rate applicable to him under section 206 of this title, and (2) more than half his compensation for a representative period (not less than one month) represents commissions on goods or services. In determining the proportion of compensation representing commissions, all earnings resulting from the application of a bona fide commission rate shall be deemed commissions on goods or services without regard to whether the computed commissions exceed the draw or guarantee. (j) Employment in hospital or establishment engaged in care of sick, aged, or mentally ill No employer engaged in the operation of a hospital or an establishment which is an institution primarily engaged in the care of the sick, the aged, or the mentally ill or defective who reside on the premises shall be deemed to have violated subsection (a) of this section if, pursuant to an agreement or understanding arrived at between the employer and the employee before performance of the work, a work period of fourteen consecutive days is accepted in lieu of the workweek of seven consecutive days for purposes of overtime computation and if, for his employment in excess of eight hours in any workday and in excess of eighty hours in such fourteen-day period, the employee receives compensation at a rate not less than one and one-half times the regular rate at which he is employed. (k) Employment by public agency engaged in fire protection or law enforcement activities No public agency shall be deemed to have violated subsection (a) of this section with respect to the employment of any employee in fire protection activities or any employee in law enforcement activities (including security personnel in correctional institutions) if— (1) in a work period of 28 consecutive days the employee receives for tours of duty which in the aggregate exceed the lesser of 18 A Sec. 20 (k)( )( ) (A) 216 hours, or (B) the average number of hours (as determined by the Secretary pursuant to section 6(c)(3) of the Fair Labor Standards Amendments of 1974) in tours of duty of employees engaged in such activities in work periods of 28 consecutive days in calendar year 1975; or (2) in the case of such an employee to whom a work period of at least 7 but less than 28 days applies, in his work period the employee receives for tours of duty which in the aggregate exceed a number of hours which bears the same ratio to the number of consecutive days in his work period as 216 hours (or if lower, the number of hours referred to in clause (B) of paragraph (1)) bears to 28 days, compensation at a rate not less than one and one-half times the regular rate at which he is employed. (1) Employment in domestic service in one or more households No employer shall employ any employee in domestic service in one or more households for a workweek longer than forty hours unless such employee receives i compensation for such employment in accordance with subsection (a) of this section. J (m) Employment in tobacco industry For a period or periods of not more than fourteen workweeks in the aggregate in any calendar year, any employer may employ any employee for a workweek in excess of that specified in subsection (a) of this section without paying the compensation for 1 overtime employment prescribed in such subsection, if such employee— (1) is employed by such employer— (A) to provide services (including stripping and grading) necessary and incidental to the sale at auction of green leaf tobacco of type 11, 12, 13, 14, 21, 22, 23, 24, 31, 35, 36, or 37 (as such types are defined by the Secretary of Agriculture), or in auction sale, buying, handling, stemming, redrying, packing, and storing of such tobacco, 1 (B) in auction sale, buying, handling, sorting, grading, packing, or storing green leaf tobacco of type 32 (as such type is defined by the Secretary of Agriculture), or J (C) in auction sale, buying, handling, stripping, sorting, grading, sizing, packing, or stemming prior to packing, of perishable cigar leaf tobacco of type 41, 42, 43, 44, 45, 46, 51, 52, 53, 54, 55, 61, or 62 (as such types are defined by the Secretary of Agriculture); and I (2) receives for— (A) such employment by such employer which is in excess of ten hours in any workday, and 1 19 Sec. 207(m)(2)(B) (B) such employment by such employer which is in excess of forty- eight hours in any workweek, compensation at a rate not less than one and one-half times the regular rate at which he is employed. An employer who receives an exemption under this subsection shall not be eligible for any other exemption under this section. (n) Employment by street, suburban or interurban electric railway, or local trolley or motorbus carrier In the case of an employee of an employer engaged in the business of operating a street, suburban or interurban electric railway, or local trolley or motorbus carrier (regardless of whether or not such railway or carrier is public or private or operated for profit or not for profit), in determining the hours of employment of such an employee to which the rate prescribed by subsection (a) of this section applies there shall be excluded the hours such employee was employed in charter activities by such employer if (1) the employee's employment in such activities was pursuant to an agreement or understanding with his employer arrived at before engaging in such employment, and (2) if employment in such activities is not part of such employee's regular employment. (o) Compensatory time (1) Employees of a public agency which is a State, a political subdivision of a State, or an interstate governmental agency may receive, in accordance with this subsection and in lieu of overtime compensation, compensatory time off at a rate not less than one and one-half hours for each hour of employment for which overtime compensation is required by this section. (2) A public agency may provide compensatory time under paragraph (1) only— (A) pursuant to— (i) applicable provisions of a collective bargaining agreement, memorandum of understanding, or any other agreement between the public agency and representatives of such employees; or (ii) in the case of employees not covered by subclause (i), an agreement or understanding arrived at between the employer and employee before the performance of the work; and (B) if the employee has not accrued compensatory time in excess of the limit applicable to the employee prescribed by paragraph (3). 20 i Sec. 207(o)(2)(B) i In the case of employees described in clause (A)(ii) hired prior to April 15, 1 1986, the regular practice in effect on April 15, 1986, with respect to l compensatory time off for such employees in lieu of the receipt of overtime compensation, shall constitute an agreement or understanding under such clause (A)(ii). Except as provided in the previous sentence, the provision of compensatory time off to such employees for hours worked after April 14, 1986, shall be in accordance with this subsection. i (3) (A) If the work of an employee for which compensatory time may be provided included work in a public safety activity, an emergency response activity, or a seasonal activity, the employee engaged in such work may accrue not more than 480 hours of compensatory time for hours worked after April 15, 1986. If such work was any other work, the employee engaged in such work may accrue not more than 240 hours of compensatory time for hours worked after April 15, 1986. Any such employee who, after April 15, 1986, has accrued 480 or 240 hours, as the case may be, of compensatory time off shall, for iadditional overtime hours of work, be paid overtime compensation. 1 (B) If compensation is paid town employee for accrued compensatory time off, such compensation shall be paid at the regular rate earned by the employee at the time the employee receives such payment. (4) An employee who has accrued compensatory time off authorized to be i provided under paragraph (1) shall, upon termination of employment, be paid for the unused compensatory time at a rate of compensation not less than— i (A) the average regular rate received by such employee during the last 3 years of the employee's employment, or i (B) the final regular rate received by such employee, whichever is higher. (5) An employee of a public agency which is a State, political subdivision of a State, or an interstate governmental agency— i (A) who has accrued compensatory time off authorized to be provided under paragraph (1), and (B) who has requested the use of such compensatory time, shall be permitted by the employee's employer to use such time within a i reasonable period after making the request if the use of the compensatory time does not unduly disrupt the operations of the public agency. (6) The hours an employee of a public agency performs court reporting i transcript preparation duties shall not be considered as hours worked for the purposes of subsection (a) of this section if— (A) such employee is paid at a per-page rate which is not less than- 21 Sec. 207(o)(6)(A)(i) (i) the maximum rate established by State law or local ordinance for the jurisdiction of such public agency, (ii) the maximum rate otherwise established by a judicial or administrative officer and in effect on July 1, 1995, or (iii) the rate freely negotiated between the employee and the party requesting the transcript, other than the judge who presided over the proceedings being transcribed, and (B) the hours spent performing such duties are outside of the hours such employee performs other work (including hours for which the agency requires the employee's attendance) pursuant to the employment relationship with such public agency. For purposes of this section, the amount paid such employee in accordance with subparagraph (A) for the performance of court reporting transcript preparation duties, shall not be considered in the calculation of the regular rate at which such employee is employed. (7) For purposes of this subsection— (A) the term "overtime compensation" means the compensation required by subsection (a), and (B) the terms "compensatory time"and "compensatory time off" mean hours during which an employee is not working, which are not counted as hours worked during the applicable workweek or other work period for purposes of overtime compensation, and for which the employee is compensated at the employee's regular rate. (p) Special detail work for fire protection and law enforcement employees; occasional or sporadic employment; substitution (1) If an individual who is employed by a State, political subdivision of a State, or an interstate governmental agency in fire protection or law enforcement activities (including activities of security personnel in correctional institutions) and who, solely at such individual's option, agrees to be employed on a special detail by a.separate or independent employer in fire protection, law enforcement, or related activities, the hours such individual was employed by such separate and independent employer shall be excluded by the public agency employing such individual in the calculation of the hours for which the employee is entitled to overtime compensation under this section if the public agency— (A) requires that its employees engaged in fire protection, law enforcement, or security activities be hired by a separate and independent employer to perform the special detail, (B) facilitates the employment of such employees by a separate and independent employer, or 22 Sec. 207(p)(1)(C) (C) otherwise affects the condition of employment of such employees by a separate and independent employer. (2) If an employee of a public agency which is a State, political subdivision of a State, or an interstate governmental agency undertakes, on an occasional or sporadic basis and solely at the employee's option, part-time employment for the public agency which is in a different capacity from any capacity in which the employee is regularly employed with the public agency, the hours such employee was employed in performing the different employment shall be excluded by the public agency in the calculation of the hours for which the employee is entitled to overtime compensation under this section. (3) If an individual who is employed in any capacity by a public agency which is a State, political subdivision of a State, or an interstate governmental agency, agrees, with the approval of the public agency and solely at the option of such individual, to substitute during scheduled work hours for another individual who is employed by such agency in the same capacity, the hours such employee worked as a substitute shall be excluded by the public agency in the calculation of the hours for which the employee is entitled to overtime compensation under this section. (q) Maximum hour exemption for employees receiving remedial education Any employer may employ any employee for a period or periods of not more than 10 hours in the aggregate in any workweek in excess of the maximum workweek specified in subsection (a) of this section without paying the compensation for overtime employment prescribed in such subsection, if during such period or periods the employee is receiving remedial education that is— (1) provided to employees who lack a high school diploma or educational attainment at the eighth grade level; (2) designed to provide reading and other basic skills at an eighth grade level or below; and (3) does not include job specific training. (r) (1) An employer shall provide— (A) a reasonable break time for an employee to express breast milk for her nursing child for 1 year after the child's birth each time such employee has need to express the milk; and (B) a place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public, which may be used by an employee to express breast milk. I 1 -1 23 Sec. 207(r)(2) (2) An employer shall not be required to compensate an employee receiving reasonable break time under paragraph (1) for any work time spent for such purpose. (3) An employer that employs less than 50 employees shall not be subject to the requirements of this subsection, if such requirements would impose an undue hardship by causing the employer significant difficulty or expense when considered in relation to the size, financial resources, nature, or structure of the employer's business. (4) Nothing in this subsection shall preempt a State law that provides greater protections to employees than the protections provided for under this subsection. § 208. Repealed. Pub.L. 110-28, Title VIII, § 8103(c)(1)(A), May 25, 2007, 121 Stat. 189 § 209. Attendance of witnesses For the purpose of any hearing or investigation provided for in this chapter, the provisions of sections 49 and 50 of Title 15 (relating to the attendance of witnesses and the production of books, papers, and documents), are made applicable to the jurisdiction, powers, and duties of the Administrator, the Secretary of Labor, and the industry committees. § 210. Court review of wage orders in Puerto Rico and the Virgin Islands (a) Any person aggrieved by an order of the Secretary issued under section 208 of this title may obtain a review of such order in the United States Court of Appeals for any circuit wherein such person resides or has his principal place of business, or in the United States Court of Appeals for the District of Columbia, by filing in such court, within 60 days after the entry of such order a written petition praying that the order of the Secretary be modified or set aside in whole or in part. A copy of such petition shall forthwith be transmitted by the clerk of the court to the Secretary, and thereupon the Secretary shall file in the court the record of the industry committee upon which the order complained of was entered, as provided in section 2112 of Title 28. Upon the filing of such petition such court shall have exclusive jurisdiction to affirm, modify (including provision for the payment of an appropriate minimum wage rate), or set aside such order in whole or in part, so far as it is applicable to the petitioner. The review by the court shall be limited to questions of law, and findings of fact by such industry committee when supported by substantial evidence shall be conclusive. No objection to the order of the Secretary shall be considered by the court unless such objection shall have been urged before such industry committee or unless there were reasonable grounds for failure so to do. If application is made to the court for leave to adduce additional evidence, and it is shown to the satisfaction of the court that such additional evidence may materially affect the result of the proceeding and that there were reasonable grounds for failure to adduce such 24 I Sec. 210(a) evidence in the proceedings before such industry committee, the court may order such additional evidence to be taken before an industry committee and to be adduced upon the hearing in such manner and upon such terms and conditions as to the court may seem proper. Such industry committee may modify the initial findings by reason of the additional evidence so taken, and shall file with the court such modified or new findings which if supported by substantial evidence shall be conclusive, and shall also file its recommendation, if any, for the modification or setting aside of the original order. The judgment and decree of the court shall be final, subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of Title 28. (b) The commencement of proceedings under subsection (a) of this section shall not, unless specifically ordered by the court, operate as a stay of the Administrator's order. The court shall not grant any stay of the order unless the person complaining of such order shall file in court an undertaking with a surety or sureties satisfactory to the court for the payment to the employees affected by the order, in the event such order is affirmed, of the amount by which the compensation such employees are entitled to receive under the order exceeds the compensation they actually receive while such stay is in effect. 211 Collection of data (a) Investigations and inspections The Administrator or his designated representatives may investigate and gather data regarding the wages, hours, and other conditions and practices of employment in any industry subject to this chapter, and may enter and inspect such places and such records (and make such transcriptions thereof), question such employees, and investigate such facts, conditions, practices, or matters as he may deem necessary or appropriate to determine whether any person has violated any provision of this chapter, or which may aid in the enforcement of the provisions of this chapter. Except as provided in section 212 of this title and in subsection (b) of this section, the Administrator shall utilize the bureaus and divisions of the Department of Labor for all the investigations and inspections necessary under this section. Except as provided in section 212 of this title, the Administrator shall bring all actions under 1 section 217 of this title to restrain violations of this chapter. 1 (b) State and local agencies and employees. With the consent and cooperation of State agencies charged with the administration of State labor laws, the Administrator and the Secretary of Labor may, for the purpose of carrying out their respective functions and duties under this chapter, 1 utilize the services of State and local agencies and their employees and, notwithstanding any other provision of law, may reimburse such State and local agencies and their employees for services rendered for such purposes. (c) Records Every employer subject to any provision of this chapter or of any order issued under this chapter shall make, keep, and preserve such records of the persons employed by him and of the wages, hours, and other conditions and practices of employment maintained by him, and shall preserve such records for such periods of time, and 25