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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
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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
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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
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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
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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
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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
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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
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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
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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
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Labor Relations Desk Guide
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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
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�- 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