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HomeMy WebLinkAboutR-78-0385RESOLUTION No, 7 $ '` 3 8 5 A RESOLUTION ACCEPTING THE BID OF SHAFER & MILLER, INC. IN THE AMOUNT OF $3,040,631.60 FOR THE ADMINISTRATION BUILDING (2ND BIDDING), WITH THE STIPULATION THAT IF ALTERNATE NO. 10 IS EXERCISED BY THE CITY, THE COST WILL BE TAKEN FROM THE "PROVISIONS FOR SPECIAL ITEMS"; ALLOCATING FUNDS FROM THE "U. S. DEPARTMENT OF COMMERCE, ECONOMIC DEVELOPMENT ADMINISTRA- TION, LOCAL TUBLIC WORKS PROJECT GRANT" AND THE ACCOUNT ENTITLED "FIRE FIGHTING FIRE PREVENTION AND RESCUE FACILITIES G.O. BOND FUND"; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM WHEREAS, sealed.bids were received May 30, 1978 for the ADMINISTRATION BUILDING (2ND BIDDING); and WHEREAS, the City Manager reports that the $3,040,631.60 bid of Shafer & Miller, Inc. is the lowest responsible bid and recommends that a contract be awarded to said firm, with the stipulation that if Alternate No. 10 is exercised by the City, the cost will be taken from the "Provisions for Special Items"; and WHEREAS, funds are available for the above project from the United States Department of Commerce, Economic Development Administration, Local Public Works Project Grant, and the Capital Improvements Appropriation Ordinance No. 8176 account entitled "Fire Fighting, Fire Prevention and Rescue "DOCUMENT INDEX Facilities G.O. Bond Fund"; 'j'`�(?� NOW, THEREFORE, BE IT RESOLVJD 'i'H COT.1MI3 ION OF THE CITY OF MIAMI, FLORIDA: Section 1. The May 30, 1978 bid of Shafer & Miller, Inc. in the proposed amount of $3,040,631.60 for the ADMINISTRATION BUILDING (2ND BIDDING), namely Total Bid of Proposal, with the stipulation that if Alternate No. 10 is exercised by the City, the cost will be taken from the "Pro- visions for Special Items", is hereby accepted. CITY COMMISSION MEETING OF MAY 3 1 1978 RESOLUTION NO. 7 : i REMARKS: ,,,..„ Section 2. The amount of $3,040,631.60 bey and it is hereby, allocated from the U. S. Department of COmmerce, Economic Development Administration; Local Public Works Project Grant" and the account entitled "Fire Fighting, Fire Prevention and Rescue Facilities 0.0. Bond Fund". Section 3. The City Manager is hereby authorized to enter into a contract on behalf of The City of Miami with Shafer & Miller, Inc. for the ADMINISTRATION BUJILDING (2ND BIDDING). 1978. PASSED AND ADOPTED this 31 day of' May Maurice A. Ferre MAYOR ATTEST: C52 Ra. ph G.Ong*,ie PREPARED AND APPROVED BY: Assistant City Attorney ED AS TO FORM AND CORRECTNESS: y torney "SUPPORTIVE FOLLOvv" BID SECURITY ITEM AdMiniStration Bldg 2nd Bidding DATE BHA REC VED May ln 1978 Public Works • BIDDER TYPE OF SECURITY . AMOUNT FOR ACCOUNTING USE Shafer & Miller Inc. 6855 SW 81 St. "50400875.00 BB 5% MiamilFlorida 33143 Edward L Nezelek Inc. 60601 NE 14 Ave. 3,118,383.90 BB 5% Ft. Lauderdale,Fla M.R. Harrison Const Corp 3,361,000.00 1000 N W. 54 St. Miami,Florida BB 5% L Milton Construction Corp Lazaro Milton 3,065,000.00 2700 SW 23 Terr Miami,Florida BB 5% "SUPPORTIVE DOCUMENTS FOLLOW! Received the above descrihtd checks this doy of 19 FOR ACCOUNTING DIVISION FOR ACCQUNTINO DIVISION lik BID SECURITY ITEM Administration Bldg 2td Bidding Public Works DATE BIDS Rtce VED May 10, 1978 BIDDER TYPE OF SECURITY AMOUNT PM ACCOUNTINO USE Shafer & Miller Inc. $3,040 875.00 6855 SW 81 St. BB 5% Miami,Florida 33143 Edward L Nezelek Inc. 3,118,383.90 1 /71 / 60601 NE 14 Ave. BB 5% Ft. Lauderdale,Fla M.R. Harrison Const Corp 1000 N W. 54 St. 3,361,000.00 Miami,Florida BB 5% L Milton Construction Corp & Lazaro Milton 3,065,000.00 . 2700 SW 23 Terr Miami,Florida BB 5% y ...... ti ...) "SUPPORTIVE DOCUMENTS FOLLOW" Received the above described checks this day of 19 " , • ---111111 ACCOUNT CODE '':(,!t: i s �.")03 ,< t<, ! , ; Q BID NO. ri'. ,. DATE_ Z PREPARED BY ' 3: PHONE r, CITY OF MIAMI, FLORIDA REQUISITION FOR ADVERTISEMENT FOR BIDS frr QUANTITY REPRESENTS DEPARTMENT REQUIREMENTS r'OR MONTHS " f0 '~i (p Y DEPTIDIV DATE DATE DATE DATE DATE DATE AMOUNT AMOUNT AMOUNT AMOUNT AMOUNT AMOUNT CODE ITEM DESCRIPTION QUANTITY PRICEUNIT AMT. BIDS TO BE SECURED FOR � FOR THE DEPARTMENT OF: ADVERTISE ON r' BIDS TO BE RECEIVED ON = :, 1 USU DOC tP 1,� . FOLLOW" i t 1 IVE 1 �` ` T S TOTAL E ,TIMATED COST : CONTRACTUAL: $ INCIDENTAL: $ TOTAL $ ,JIJRCE OF FUNDS: r., iittrd in by E i PENDITURE CONTROL : APPROVED BY DIRECTOR OF ISSUING DEPARTMENT FUNDS AVAILABLE FOR PROJECT INVOLVED EXPENDITURE CONTROLLER F-FOJECT CODE AD CODE O1 U:S TO: t'u►rhasing (Org.) — City Manager — City Clerk —Expenditure Control — issuing Department — Other Affected Department f iNM NO iC•a - REv. 74 WHITE GREEN PINK CANARY BLUE GOLDENROD BID NO. 77.,7886 ADVERTISEMENT FOR BIDS Sealed bids for "ADMINISTRATION BUILDING (2nd Bidding)" will be received by the City Manager and t-ne tity'Zlerk of ie'—City of Miami, Florida not later thant4Q4.90Jiea,m on the 30th daaoof May, 1978, in the City Clerk's office, first floor of the Miami Zi y"aI, 3500 Pan American Drive, Dinner Key, Miami, Florida 33133, at which time and place they will be publicly opened and read. The project consists of an Administration Office Building superstructure, including tenant partitions and related work, landscaping and site work. Building is a 5-story "L" shaped precast concrete and concrete facility of approximately 72,000 gross square feet, on the east side of N.W. 3 Avenue between N. W. 2 and 3 streets. As time is of the essence, the Contractor must show the ability to begin the work with on -site labor on or prior to June 5, 1978 and work within the time schedule as indicated in the Specifications. Note: In order to simplify the bidding work for those contractors who are rebidding the job, Section 01200 has been added to the Specifications, which is an informal list of revisions to drawings and Specifications since original bidding. The Bidder is alerted, as basis of awarding a Contract, that he must agree to expend at least 150 of the Contract for Minority Business Enterprises. All bids shall be submitted in accordance with the Instructions to Bidders and Specifcations. Plans and Specifications may be obtained from the Office of the Director, Department of Public Works, 3332 Pan American Drive, Miami, Florida. General Contractors may secure plans and specifications for a deposit of $100.00 per set. The deposit will be returned to only those contractors who submit a bona fide bid, and who return the plans and specifications in good condition and unmarked within 10 days after bids have been received. Other Contractors may secure that portion of the Plans in which they are involved at a cost of $1.00 per sheet. This cost is not; refundable. All questions regarding bidding procedures shall be directed to Pancoast Borrelli Albaisa Architects, P.A., (305) 442-1193. Proposal includes the time of performances, and Specifications contain provisions for liquidated damages for failure to complete " thework on time. S `7 E DOCUMENTS FOLLOW" malm ME OMM MW BE Ea in addition to these Pleasures, contractors and subcontractors will be required to comply with the provisions of Section 3 (Federal Regulations) which require all developers, contractors and sub- contractors to create feasible opportunities to employ and train residents in the area of the project, and give preference in sub- contracting and purchasing of materials to business located in or owned in substantial part by persons residing in the area of the project. No Bidder may withdraw his bid within 30 days after actual date of the opening thereof, unless modified in Division lA - General Requirements (Special Provisions) of the Specifications. The project is to be funded by a Federal Economic Development Grant. The City Commission reserves the right to waive any informality in any Bid, and the City Manager may reject any or all Bids, and readvertise. Joseph R. Grassie City Manager "SUPPORTIVE DOCUMENTS FOLLOW" V iW BM .IMPORTANT AIDPENrittet I'V50 CITY OFF MIAMI s P'LORIDA Depar ttnent of Pu illAYY iorl s Al 8 : 43 ADDENDUM NO. lj:)ail.'. ;; �",Ci�Q City Ch riv City of Miami, F:a, ISSUED May 18, 1978 70 BIDDING A1ID CONTRACT DOCUMENTS FOR ADMINISTRATION BUILDT!.I, i (2 IT) ALL BIDDERS ARE HEREBY NOTIFIED AS FOLLOWS: PLEASE BE ADVISED THAT THE RECEIVING DATE OF 10:00 A.M. ON THE 30 TH OF MAY, 1978 HAS NOW BEEN CHANGED TO: 2:00 P.M. ON MAY 30, 1978. THIS ADDENDUM IS A11 ESSENTIAL PART OF THE CONTRACT DOCUMENTS AND SHALL BE MADE A PART THEREOF. ..J William E. Parkes, Director IMPORTANT ADDENDUC+t �. rR E fl e D CITY OF MIAMI, FLORIDA bepar t't► ryi oi22Puj;.1dj rrks ADDENDUM NO , 2 ISD; MY0 i? MiIgWn. TO BIDDING AND CONTRACT DOCUMENTS FOR ADMINISTRATION BUILDING (2ND BIDDING) .TOP, NO. E- 3 — * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ALL BIDDERS ARE HEREBY NOTIFIED AS FOLLOWS: ADD 1 OF 1: ADDITIVE FEDERAL AFFIRMATIVE ACTION REQUIREMENTS PAGES L-20 THROUGH L-34 Bidders are advised that the Affirmative Action Requirements have been revised effective May 8, 1978 with regard to goals and timetables for female and minority participation in the construction industry. The attached rules and regulations issued by the Department of Labor, Office of Federal Contract Compliance Programs in the Federal Register, dated April 7, 1978, Part IV, pages 14888 through 14901, are hereby made a part of the Contract Documents. THIS ADDENDUM IS AN ESSENTIAL PART OF THE CONTRACT DOCUMENTS AND SHALL BE MADE A PART THEREOF. "SUPPORTIVE William E. DOCUMENTS FOLLOW" arkes, Director IMPO tTANT ADDENDUM_: I~�Et�EIV D CITY OF MIAMI, F uRIDA Depart fiertt',(of 21)44 ics War s ADDENDUM NO,2 I S , Ai M L Y p i=`i iw7` &' n. TO BIDDING AND CONTRACT DOCUMENTS FOR ADMINISTRATION BUILDING (2ND BIDDING) .rnQ ALL BIDDERS ARE HEREBY NOTIFIED AS FOLLOWS: ADD 1 OF 1: ADDITIVE FEDERAL AFFIRMATIVE ACTION REQUIREMENTS PAGES L-20 THROUGH L-34 Bidders are advised that the Affirmative Action Requirements have been revised effective May 8, 1978 with regard to goals and timetables for female and minority participation in the construction industry. The attached rules and regulations issued by the Department of Labor, Office of Federal Contract Compliance Programs in the Federal ister88 hrough dated April 7, 1978, Part IV, pages 14901, are hereby made a part of the Contract Documents. THIS ADDENDUM IS AN ESSENTIAL PART OF THE CONTRACT DOCUMENTS AND SHALL BE MADE A PART THEREOF. kes Director William E. Par , "SUPPORTIVE DOCUMENTS L FOLLOW" • a. • I: I , • � . • ,..1 , . L.....,.,. .h. ii... ,1 • y •• `. . , .'• , MI.•i f. •.► •• ,.c. •t IBMS • • • y" .. • •. �i iat. . J•�,' .f ;.1 •r�`i,,t •A •!`•• • iFRiDAY, -:........i.l.,11:,CI' L • . • ,:.��O.�:.,.� = PART IV-. I. . .,i� _• 1• •' . 'x.,•-Yt••A•• • •a Or.• . N i 1%i •�1 ..� N• I it eit• ." 'r, .= i• ry .f lo r••• 4 . • •. 1 . •ai tal ' . i• . = — i •.••I 1'!' ;• • 1 • — 1.. • ., '';t• i Ur• '��• i i' t `!— — .. , . •M• 4 .1 •---.•:':.•`:i.•. 4t,6r • •de.' - ••_._— — , . f. • i • • _tom* ,i. • 1•i: 1 r •. .•+..14..•:..i. r;..•... ;., •:,••,••.• , '— , •c . • •• 1�•.1•f: �^ �ii 1'a1t.Y1 . •e. ,•,..A•►+ti . _ - • • . ••....r•i.—_ •I:'T.! ..— �..� ii•• •• .•i1 __-= • • • • • • • .4• 1. . f 41 ! S t,.11 • It •3•• +. • r • 4 - '' • NNW BMW 11 iMM EPARr�MENT 0 LABOR :.Office of Federal -.Contrdct Compliance Progra • a m s GOALS AND TIMETAQ! ES FO FEMALE AND MINORITY PARTICIPATION IN THE CONSTRUCTION INDUSTRY Affirmative Action Requirements II i 1 ; •�-� L-20 FOLLOW" A • • 14888 • [4510-2?) •i• • This 41-butte ton+ioc# br+d Prt,Pi� ri•Y, ; • Ppgulatfons. Twenty-seven of the corn • meats, primarily from contractors and • CHAPTER 60-=O rt Of FEDERACCONTRACI COMPLIANCE PROGRAMS, EOUAJ EMPLOY- MENT OPPORTUNITY, DEPARTMENT . Of LABOR PART 66-4—CONSTRUCTION CO`(TRACIORS— AFFIRMATIVE ACTION REOUiREAtENTS • ' itULEB Ant) 11ECULATIOItS AGENCY: Office of Federal Contract Comm .1 ce Programs, Labor. CTION: Final rule. SUMMARY: The regulations pub- liihed today establish specific affirma- tive action standards for women in construction and consolidate and stun- dardiz,e requirements for construction contractors and subcontractors subject to Executive Greer 11:4d, a am_;sled to ,-..rr,yo equal „rnnroyrnent r'ror• curstructir:..:d add:t:.7. - • documer.•- regular:•.,• which are suaerseded. El �CTIVE DATE: These rebula• tions shall take effect May 8. 1979. - . FO ri iti .., •N CONTACT. R•Ultam Raymond. Arco- ciate Director, OFCCP. Phone, 202- 523-9447. • .suppott and urged the Department of Labor to adopt the proposal as final SUPPLEME`•7TARY INFORMATION: On August 16, 1977. the Office of Fed- eral Contract •Compliance Programs • • (OFCCP), U.S. Department of labor, published in the F•=rntr. Ri:eisrt tt (42 FP. 41378) E. proposal to establish a new Part 41 CFR GO-4. The proposal set out specific regulations for the construction industry pursuant to Ex- ecutive Order 11246, as amended. (30 -FR 12319, 32 FP. 14303) Comments from interested parties were received until October 15. 1977. • • • Over 510 separate written comments. rresentir.g a Lrcad spectrum of views. • were subi.rltted by individuals and groups. Over 235 comment letters were sutrattted by individuals on behalf of • tnernselves; 61 by contractors: 5G by routraz for nasoc:atiors: 48 by „omen's Froar. ; 10 by law firms and cc raultant orgar.i tiors: 42 by Federal, state. and local government agencies: and 22 by ether organizations. Additional comments were received which were pr::tmarked after October 15, 1977. These latter comments were analyzed and considered but they were not tn• - cluned in the cc n; e.ct forth above. Each cabat__•ion has been thoroughly re:•iv s•cn r-nd each specific crltictsm and guar:•.tror, ha: been given careful • con. 1o2rt:ion. The maicrtty of the comments were centre1 in nature and contained no saeciltc almetstion: rather they either expressed support for or opposition to the proposed rules. Two hundred forty three of the comment letters. prtrnar- • Uy from individuals. expressed general • ✓- + -• • • FEDERAL REGISTER VOL 43, NO. 61--FRIDAY, A?rit onions, urged the Department of a Labor either to delay the issuance of . • final regulations or to withdraw thei• proposal in Its entirety. A • small . number of the comment letters ree quested that the Department of Labor delay final nilerne31nr and hold public , hearings on the proposal. _ • SUMMARY or COMMENTS • 1 1. Other comments, primarily from contractors, expressed the view that ' the Department of Labor should with• hold its decision on final regulations . until the U.S. Supreme Court has ren- dered its decbion in The ncycnts of the University of Cafi,fornta v. Allot E:z.kc_ These comments r„r:intntned that the Department's final regulation for cc:::p.:i:.nce pro- :•rn-n 'particularly coal cchtevernent levei, w ouid : ave to ce wry stcnt with' • the Supreme Court's decision in Bakke. • • 2. The obligation of federally in- volved construction contractors to take affirmative action to ensure crual • employment opportunity, particuvrly for women G•as a major isve Lre:ted almost all the continents. 1n Gener- al. those comments received from con- tractors, contractor associations and unions. while recognizing that the in- dustry's legal obligation to t:.te :soffit-- . motive action. expressed concern about the nature of the required ac- tions. These co:r.rcents characterize the goal levels es quota :and state. that the goals would require contractors to hire unqualified porn: ✓. that ::aii- fied women craft a•or::ers area tic:. mailable, that contractor: would be required to dieplace othar aoraers with women because cf high unem- ployment in the thd.:ctr y. end that ti:e required actions. particularly the rec- ordz:eeping requtromenea placed :n additional cost burden on cunt--.etnr: which would be difficult for smell con- tractors to: l•_.crb. 3. Ccmmen:s received ircm moat women's organizations, co.—..-n 1aita groups, end merit of the Feorral, su.te and local government c,encies prcised the propoccl. ?ne�se groi:cs srr.ted the: without the rpectfied afilrmatit•e • action steps, particularly the roaLL and timetables. very little would be done to Lncrease tat:. ttci;.sttan of women Ln 'the corstr•uction industry. However, • many of the comments from there groups stated that the cpt,•cified goal. levels were too lox and achievement of them would conatltute no real im- provement of .the position of women craft woraer•s in the industry. - 4. A number of comments from, the construction industry (conL-actors an3 contractor a soziations) expresed the opinion that the obligation to take al- - • L-21 - • 11• • • . ••• • • firinattve action tt)^advanci ptfiploy:• • Meta bpp6rtttitlty ion rair►ofities itild • femal Y by � � •�, i .• • es should be &hared equally contractors and their itrtIOft3- Addl. tlonaB '. these comments stated thlt the effect -of paragraphs 4 and 7d of the specifications in § 60-4.3ta) would , be to require contractors to violate the exclusive referral protision•1n c.Ut. -• tive bargaining agreementa with the unions, which.. they say, would subject them to litigation under the National - Relations Act. 5, construction industry cottiinenti • also expressed concern about the ex- tension of coverage of the affirmative • a action requirements to all federally in- volved construction contracts in excess • • of t10,000. These continents pointed out that in the, regulations for supply and service contractors, written aflir. .1 mative action program requirements atia..b only to contr:u.ts of t::0.000 ar 3 more. W'c nen's organ ittors, com:nu- rity I-roups, and some Government. • ^.. i eenema felt that this coverage vvaa : ' needed to provide equal employment' 1 _ . •opportunities . for • minorities and • a. women. •- . • .. ; • 6. A number of the construction in- • y dustry comments raised tv.•o concerns • •ie' ''r . cbout paragraph 12 of the Standard ti • ••'i Federal Equal Employment Opportu• 11 r t,^ Construction Contract Specifics• •' • • tioa (hereinafter. Specifications) J'• w•rich is set forth In ; 60 4.3(a). They • Zi ..•_•re concerned about obtaining an up- • i • to -date last of debarred contractor and whether the prohibition extended ,; t to the cc ntractor's non-F cdcral wort;- • 7. Cowart:et:on industry ccninients a:: a cat+rer -d an Loa: '. ite to comply : • with tat. onttt.ara-cement prevision in paraoraoh it o: the S;._:al:a: lots • -•h:ch would require the contractor to• E • erg :ri and maintain a wording eavl• •: t 1 rc:= ntat free of harasrr.ent, intirnida-• • • t:on and coercion. , o. Wciten's arl;anizet ons and a•few - • Go:ern:no:i: ertenciea v•ere concerned', aaazt the problc:-s of doable counting . . rr:-•:cr ity women. NI:omen's or Lanza- ...:.-s —sr.t tranortty women to be tainted exclusively to —ard the • • .• :,.::leve : e ntof the 1emsle goal level: • 9. Conat.uctlon industry continents • • • c.::cresed the view that parae•-raph 70 -. • of the Specifications, ahicn requires • tl:•• e;n tractor to dacusacnt and main • - :a:n a record of all sohcltations •of o:: ern tram minority and female can- • s.^_::ion contractors and suppliers, • canetitutcs a requirement to subcon- tract with minority and female comps- • tics. and ciuesttoned the authority of . the Department of Labor to impose E.:cte a requirement under the Execu- , :Ave Order. - . . _, - - 10. The different requirements im- Uo..-d on construction •contrattora by i cdcral. state and local laws was a ccr.c.ern of the construction Industry. They sugcest.ed that the rules be re- •viscd to provide that the Federal EEO . • : , • %4 • . . ,-, —•. • •A•ares s•• .i• •7, 1971 : _,�; a -. d,:.:•"'•rs-; ..• • Irl.l IIIIPI lilllirrIlilirlIINPoI@PAI9rillliolollaflpIrg7Ill1m@I1,h11!IA1,iIAIIAIEIgII11riIiiII! • .a's. , • y *`• Ittllt.i ANb RE UL&t$CtUS • ` "• " •'4884' ♦ :: •`• , r' requtremcnt6 Would Supetto.de ,ail Lot fat oiri3t!or..e land contracting End proprlate to. tithleve the butpoc� of •.) w 4. ; • • • others Womcn'S organ[.ftttons ex• compliance aeencles ahich requested the Order,.'i"ne rr•guletio-ts Adopted ,1 pressed concern that the p=tp�l con- that greater rpectficlty be provided in today apply to federal and teder-+,-11 t tamed requtrements.'parUcuTh ly roll the tegulatforti regarding the time aas[ated construction contractori and - ".'• levels, less rigorous than local rtivtutes.; frame for notification tb compliance subcontractors. _ . ' -. •"•, • . , 1 •� • f They suggested that the more sixth- aeencics by contracting rigencieS and - Presently, all noa^_xeuipt Federal 1 4:_ . .. r•. Vent of the . two, paiilcularly the the notification by construction con- and federally psiiisted. constivctfon• - ; ...,• ••", higher goal levels, be required. tractors to the compliance agency or contractors are required to comply ,,l• ; •r r - _ 11. A fear construction industry c^m- the OFCCP of contractors and eubcon- tvilh the Equal Opportunity .clau`e-,:•,r� f r;r _ 4,t ments pointed out that the prnpo-a.1 'tracts awarded Also, comments were published at 41 CF-R 60-1.4 ta) and (b). -; „ ; apparently was a vehicle for establish=. received from several contracting • (Executive Order 11246, ¢301.) Iti ad• • �i • �r' L. Ing a nattonaide program of specific .-' nFencles which Indicated that the use diUon. to implement the affirmative :� •; . . � •- afflrrrattve action rteulrcrnenLL for all of the term'"offers•' as opposed to action obligation of construction can- •• '• covered construction. A few cotnrnunl• ''bidders" Ls inconsistent with the con- tractors and subcontractors set forth . +s ty orpanizstions and r orn n's •groups tractLng terminology of those e.6cncies.' in t 202 of the Executive Order,. the. w•-• ` <. applauded the Department's intention ' : IC. Corn:cents from women's groups Office of Federal Contract Compliance:: to establish this nationwide construe- • llis well as from some contractors cx- Programs (OFCCP) has developed . ,• ' ;" • • lion compliance program, erprta sir.R. pressed concern that the provision of three different types of affirmative + • •-' hoarser, concerns about the Depart- • paragraph 7a of the specifications that action programs. The programs in• •""` r -t, rn"_nt's ability to enforce such regular- " tao or more w•etnen be assigned to a elude Imposed Plans. Hotneto::n • :t• ▪ !: ' ; 1 .. :• •;•, ) , . • mcnts. 12. Constriction industry rommen- tor>: also expressed concern about ex- rosicling the coverage of the construe-,- ton compliance provisscns to the con tractor's entire v,crk force rather than rc-:r-::np it to f_edercll; involved pro- - jest_, ' • • 13. L-i add -ilea to specific surges- ' com ncnts and views expressed en tl•c pr0Vteons of the prrpoaal, twO • a:.:rr.atire nr'roa,enes to achieving equal eraplcerncnt opportunity in the ccnetrvcticn Ind.nary were i;irt;e,csted. Tlie A ,-C'O F'sJl"'�ng ar.d Cor.strac- t:a . Trades Department ruhmltted an . alternative set of rrrulatio:rs pat- terned titer the affirmative action re- - c:Lrr:r.ents under section 5C2 of the F-ch abilltation Act of 1973. as e:.er.d- ed (29 U.S.C. 703). Those alternative rc,-.ar ticns provided for outreach. re- cruitment. and truing. as well :s analysis of Job skill requirements and the r'ic»emanation of EEO policies, hut did not include goals and timetables for the employment of minorities and women. The other approach. suggest- ed by other unions and contractors, would emphasize outreach, recruit- ment and apprenticeship training as the means for advancing equal em- ployment opportunity for women and minorities in the construction indus- try. 11. Hometown plans and voluntary efforts to advance equal employment opportunity were a specific concern of about 25 comments. The construction industry waif concerned about the pos- sibility that the proposal would have a chilling effect on voluntary joint labor. rnanarernent and community ef- forts to increase the participation of women and minorities in the Industry. Community organizations, Govern- ment agencies, and women's groups were concerned about the effective- n 18. Con.ments were received from . women's firoups which requested that the rcnuireancnts be structured to pre- vent the hiring of one group to Lhe ex• elusion of another, e.g. the hiring of white women to the exclusion of mi- nority row cn or vice -versa. 19. Over the years, the OFCC_' has rcrpcnded to nurncrous requests from corn fiance •and contracttri egcncies concerning the appropriate regula• tlons applicable to construction con- tracts or subcontracts r•tuch are neces- sary, in whole or in part, to the perfor- mance of nonconstructlon contracts. That is. a nonconstructlon contrctor must undertake construction work. in order to perform its nonconstruction contract. In the Discussion section below we will take up each of the Issues treated In the comments as we analyse the regulations on a section -by section basis., projrzt may prevent one woman from Flans, and Soecial Bid CondltlonS. - . obtaining a job .L' another woman is . lassoed PJa:s for the most part not avr.ilable tor employment at the cover mates metropolitan areas where project.' • there is substantial Federal or federl- 17. A number of corn. -rents were re- ly eststed construction. and apply celved frorn contractors and contractor only to those projects which are to aaso_i:.tiors requesting that an a`ccni• esters of 5500,G30. These n ors ina'Lde n"ioc:ation be rnade in the regulations Fhi+.adolphia, C';.=_hin;•.cn, D.C., San to make leas burdensome the record- Francisco, St. Louis. Atlanta, Camden. keeping requirement of construction and Chicago. Imposed Plans generally contractors and subcontractors; par- have been published in 11 CI-R Chap- crnall contractors. ter GO but. the Phiiad_!phia imposed Plan has not been codified in the Code of Federal Regulations.' • Hometown Plans are ' ' tripartite ite agreements among the contractors and the unions in a local area and the local minority community. The three groups develop a plan for compliance with the Executive Order and present • • - it to the OFCCP for approval. If the •• plan Is approved. at constitutes the contractors' obligations under the Ex- ecutive Order end so long as they comply with the plan they also are. in compliance with the Order. Presently.' there are 33 hometown Plans in oper- ation. • Special Bid Conditions apply to con- . tractors working on certain .high-" impact projects which are being con. • BACFtGR0U D which precede the award of contracts. Executive Order 11246, as e.--r..ended. One of the problems with this process prohlbtts covered Federal contractors is that substantial Federal or federally and subcontractors from discrrminat- assisted construction is being conduct- ing against any employee or applicant ed without benefit of specific affirms - for employment baser on race, color. Live action requirements. Also, con - religion. sex, or national origin. In ad- tracting officers are confused by the dition, contractors and subcontractors different types of affirmative action are required to take affirmative action plans and sometimes de not. know • to ensure that applicants are cm• which ones cover specific geographical ness of the current Hometown Plan ployed, and that employees are treat- areas or projects. In addition. some structure. Specifically', they believe ed during employment, without regard contracting agencies do not adhere to • that these plans are being used by con- to their race, color, religion. sex or na- the different notices and 'formats de- • tractors and unions to shirk their obit. Lionel origin. Section 201 of the Order veloped by OFCCP. .The imposed gallons under the Executive Order. _ provides that the Secretary of Labor • plans present a special problem be- . - 15. Many comments were received shall adopt rules, regulations and cause a number of contractors Borne - from women's organizations, contras- orders as he deems necessary and ajar tunes. fail to sign Lhe certification •.• - structed in an arca which is not cov--, ' • ered by a Hometown or Imposed Plan. r - . These three types o1 affirmative.,. - • • action .plans are not implemented , through a regulatory scheme. Rather they are included in the solicitations -a. FEDERAL REGI•STER, V0Lt3. NO. 6i-1VVDAY, ADQal 7, 197g �1''t1�' ' - L-22 e ,.� = '�•f- . 4' t z i48sb which appears in the appendlit of tin. • posed Plans. Failure to sign the certifi- oatton frequently has been unrelated US the contractors' cotnrnitment to the affirmative action requirements. How• ever, the certification has been held to be a material part of the bid and those bids Which have not contained a signed certification have been rejected as nonresponsive. A number of these rejected bids have been the low bids, and the result has been to increase the cost of construction to the Govern- tnent. • • Another deficiency in the present scheme is"that no specific affirmative action standards are applicable to women in the construction industry. Under present procedures, compli- ance agencies develop Special Bid Con- ditions for high impact protects for which they have compliance r"�;7on..i- billty. OFCCP anaro••es th', Aid Condi- tion.,. which haze application only to the project for .which ',ley were ap- I proved. Accordingly, 1f a compliance -...- agency falls to develop Special Bid •, Conditions for a project for which It ,• has compliance responsibility, the pro- •' o• ject is not covered by an affirmative ..; action plan (i.e., if the project is not in an area covered by a Hometown or an •• • Imposed Plan). This would be true • .•even though another project in the • same labor market area may be cow- .• ered by Special Bid Conditions devel. • oped by another compliance agency. • The Special Bid Conditions do apply, • however. to a covered contractor's entire workforce working in the labor • market area where the covered project is located although some employees may not work on the project. To correct these deficiencies, the De- partment of Labor today Ls adopting regulations which discontinue and ter- • ' •• minate the use of certain practices and formats and which establish a new 41 4 CFR Part 60-4 covering construction -- contractors and subcontractors. This • new Part 60-4, however, will not re- Neve' contractors of the obligations • they may have under state or local af- ' ftrmatfve action or equal employment •+ opportunity programs. Similarly. this Part 60-4 will not relieve the contrac- o tors of local resident hiring require- ments such as those in the Public ' Works Employment Act of 1977 and the Community Development Block • Grant Program. ( ' Specifically, Parts 60-5 through 60-8 and Parts 60-10 through 60-11 (the f published Imposed Plans) and the .• a Philadelphia Plan are hereby deleted. "—Although Hometown Plans will be continued, signatories to those plans are required to submit goals and time- - .. tables for the utilization of women to the Director of OFCCP within 45 days from the effective date of the regula- tions. which goals shall not be less than .those contained in the Notice published elsewhere in the FEDssutL • Mktg ANb RRGULAtit N3 1 Ectstttt today which establishes Seals for women to the construction industry, Imposed plans and Special Bid Con- ditions are discontinued as a means of complying with the Executive Order. In addition, the New Form for Federal Equal Employment Opportunity Bid Conditions for Federal and Federally Assisted Construction (41 FR 32482), commonly known as the Model Feder. al EEO Bid Conditions, is discontin- ued. The new Part 60-4 applies to all Fed- eral and federally assisted construc- tion contractors and subcontractors holding Federal or federally assisted construction contracts or subcontracts in excess of $10.000. Procedures also are established which all Federal con- tracting officers end applicants shall fuiiuw )n axaruing Federal ur federal- ly y.-iaed c•or::truction Portracts. The regulations also establish procedures administering agencies shall follow in making grants which result in the award of federally assisted construc- tion contracts. DIscussion Section 60-4.1. This section estab- lishes the scope and application of Part 60-4. By the terms of this section. Part 60-4 applies to ail contractors and subcontractors who have a Feder- al or federally assisted construction contract or subcontract in excess of $10,000. 1. Contractors opposed the extension of coverage to contracts in excess of $10,000 (see item 5 in the Summary Conunents). The Department of Labor's view Is that it is appropriate to extend coverage to those contracts to excess of S10.000. This view is based on the point that contracts in excess of $10,000 represents a substantial expen- diture of Federal dollars. It also represents the level at which regulations impiernenttng the Execu- tive Order establish coverage for non- construction- contractors (see 41 CFR 60-1.5(a)). Prior to the regulations published today, coverage was based on the value of the construction pro- ject and any contractor working on a project whose value was 1500,000 or more was covered regardless of the value of the contract held by an indi- vidual contractor or subcontractor. We believe, however, that coverage is based more appropriately on the amount of the contract held by the in- dividual contractor and this position Ls consistent with coverage of noncon• struction contracts. We also believe that the in excess of $10,000 volume is reasonable and promotes uniformity among contractors by treating con- struction contractors and nonconstruc- tion contractors equally (see 41 CFR 60-1.5(a)). • 2. This section 'also codifies an OFCCP policy of covering construc- tion Week peefotfned by construction contPaetofrs for ribhconstettctlon con- tractors which is hecessaty in whole or 1n part to the petfottnance of a non. construction contract In excess of $10,000. Although this provision was not contained in the August 16, 1977, proposal, It does not establish new re- quirements. Rather publication in these regulations simply codifies an existing policy and practice. Section 60-4.2. This section creates a new notice to be included in all solici- tations for offers and bids on all Fed- eral and federally assisted construc- tion contracts and subcontracts. 1. The notice is required to be In- cluded in the solicitation for Federal or federally assisted construction con- tracts in excess of $10,000. 2. Nonconstructfon contractors who contract with construction contractors for construction work which is n'2ce,.- sary In whole or In part to the perfor- mance of a covered nonconatruction contractor must also include the notice in such contracts. 3. The notice will be included in all bid documents to put the contractor on notice that the prospective contract (in excess of $10.000) is subject to the Executive Order. The notice also in- forms the bidder or offeror of the ap- plicable goals and other requirements to which any contract resulting from the solicitation will be subject. Also. the word "bidders" has been added to the notice to accommodate those com- pliance agencies whose contract ter- minology does riot Include the 'word "offeror." (See item 15 in the Sum- mary of Comments.) 4. The notice also requires the suc- cessful bidder to provide notice to the appropriate compliance agency and the OFCCP within 10 working days of the award of a subcontract under the contract. No specific notice form is re- quired but the notice must be in writ- . ing and It must contain the narne. ad• dress, and telephone number of the subcontractor, the dollar amount of • the subcontract; and the geographical area in which the contract is to be per- formed. Section 60-4.3. This section estab- lishes the Standard Federal Equal Ern- ployment Opportunity Construction Contract Specifications. The specifica- tions, in addition to the standard equal opportunity clauses, wW be in- cluded in all federal and federally as- sisted construction contracts. The specifications also will be included in construction contracts let by noncon- structlon contractors which are neces- sary in whole or in part to the perlor- rnance of a Federal nonconstruction contract. The specifications and the notice provided for in 4 60-4.2(d) are designed to serve the same purposes which the Bid Conditions now serve. The specifications, however, establish specific and minimum affirmative FEDERAL REGISTER, VOL 49, NO. 61—FAIDAY, APRIL 7, 19711 . L-23 .10 • • • ., te ••.., , 99• action obligatlef.4.' nett'afj( ajtye action ob1igatiofik if1 large (measure, are the good faith (;taps cofitalned •tti the present Bid Conditions. Some of the good faith steps Were ihodified before being adopted as required affir- mative action obligation and other air flrmative action obligations are entire& ly new. '• ' •. •• �: • ` 'A.. • 1. Paragraph '7' and its subpata;' graphs establish the affirmative action obligatlons.•'Comments from'contr•ac- tor groups objected to the antlharass- ment •provision in paragraph' 'la. During the time it has considered ex- tending specific affirmative action cov- erage to women in the construction in- •. dustry, however, the Department of Labor has learned of many egregious examples of harassment of female workers. The comments do not chal- lenge the existence of such conduct. • The need to discourage harassment, intimidation and coercion .is.parttcu= larly important in an industry such • construction where the safety of work- ers may depend on n fellow worker. ' The ccntractor is in the best position to discourage such conduct and to ensure fair treatment of all employees. • Objections also were raised to the. provision which states that where pos- •- sible the contractor will assign two or,. more women to each construction pro- ject. •The Department is fully aware ~- that the very nature of. construction . work. such as the use of small work- • forces in certain trades, would not always accommodate the assignment . of two or more women by a single con-- - tractor. However. where large work - forces are being employed it is reason• able to assume that two . or • more women would be assigned ,to a con- struction project. Such a practice also should help to eliminate harassment and intimidation. Moreover. a contrac- tor should not feel that is has met its affirmative action obligation simply by placing a token woman on the project and at the same time should not refuse to assign a woman to a project because there are not iwo openings. 2. Contractor groups also expressed objections to what they perceived as recordkeeping requirements. In fact no specific recordkeeping formats have been established. It will be neces- sary for contractors to maintain•docu- inentation of some of the specific ac- tions they have taken such as a list of their minority and female recruitment sources (see Specification subpara- graph 7b) and the names. addresses and telephone numbers of minority and female off -the -street applicants (7c). Such documentation is essential in order for the contract compliance program to be able to assess whether the contractor Is taking the required :cation. Moreover, it is fair to presume that contractors already have in place some recordkeeping system for these types of activities and where adequate +t. • RUM AND 4€0111010NS tecords do elfish the contractor is not obligated to establish new procedures. L 3. Contractors also contended that paragraph 4 and subparagraph 7d of the Specifications would require them to violate the exclusive referral provi- stona of 'their collective bargaining agreements. "" • .. • - . • • : • - These argutnents are unpersuasive and have been rejected in various court decisions upholding the princl- ple that a contractor's noncompliance with its affirmative action obligations cannot be justified by the contractor's reliance on a collective bargaining agreement, and that the contractor must go outside of the terms of the agreement If that is the only way to maintain compliance with' the Execs- tive . Order and the implementing rules, regulations and orders. See Con- tractors Assn. of Eastern Pa. v. Secre- tars of Labor, 442 F.2d 159 (3rd Cir. .1971). cerL denied, 404 U.S. 854 (1971); 'Southern Illinois /3uilders Assn. v. Geri - Uric, 471' F.2d 680 (7th Cir. 1974): Joyce v. •McCrane, 320 F.Supp. •1284 (D.NJ, 1970); Associated General Con- tractors of Massachusetts v. Altschuler, 990 F.2d 9 (1st Cir. 1973), cerL denied, 416 U.S. 957 (1974); Equal Employ- ment - Opportunity. Commission v. American Telephone Sr Telegraph,, Co. 556 F.2d 167 (3rd Clr. 1977); Savannah Printing Specialties & Paper Products Local Union 604 v. Union Camp Corp.; 350 F.Supp. 632 (S.D. Ga. 1972). • • It should be emphasized that the Department's position . has not pre- cluded and will not preclude enforce- inent actions against labor organiza- tions for impeding the nondiscrimina- tion/affirmative action obligations of federally -involved construction con- tractors and subcontractors under E.O. 11246. Such actions are specifical- ly authorized under sections 209(a)(2) and (3) of the Order. See, e.g., U.S. v. Carpenters Local 169, 457 F. 2d 210 (7th Cir. 1972). cerL denied, 409 U.S. 851 (1972); U.S. v. Papermakers Local 189. 282 F. Supp. 30 (E.D. La. 1968). aff'd 416 F. 2d 980 (5th Cir. 1969). cert. denied. 397 U.S. 912 (1970); U.S. v. Op- erating Engineers Local 701, —F. Supp. —, 14 FEP Cases 1400 (D. Ore. 1977). Therefore, in order to facilitate enforcement efforts against labor or- ganizations for interfering with the nondiscrimination/affirmative action obligations of federally -involved con- struction contractors, paragraph 7d of the specifications requires covered contractors and subcontractors to pro- vide immediate written notification to the responsible compliance agency and to OFCCP when the union or unions with which the contractor has a collec- tive bargaining agreement has not re- ferred to the contractor a minority person or woman sent by the contrac- tor. or when the contractor has other information that the union referral process has impeded the contractor's efforts to meet its obligations. • FEDERAL REGISTER, VOL. 43, NO. 63—FRIDAY, APRIL 7, 1978 L-24 A 14891 4. Paragraph 9 of the Speclflcatlordi has been rewHtten tdaddress the Ceti - terns of the beputy Comptroller c3en• etal of the [united States. The beputy Comptroller General commented a9 follows: * ' • This provtslon (paragraph 9) would • re- quire, in effect, the renegotiation of goals after the contract has been awarded Lather than epebifylng separate goals and timeta- bles which must be met by contractors In categories determined to be employing "par• ocular groups" in a "substantially disparate manner.' •• • ' Paragraph 9 has been rewritten to eliminate the requirement to establish separate goals. However, the section also makes it clear that the goals in- clude all groups and that the contrac- tor may not be in compliance if It has achieved its goal levels generally but employs certain groups in a substan- tially disparate manner. The minority goal, for example, Includes blacks, American Indians, Hispanics, Asian and Pacific Islanders. and a contractor may not be in compliance if It meets its goal by employing one group and toiaily !snores another. 5. Paragraph 12 prohibits the con- tractor from entering into contracts with debarred contractors. Contrac- tors were concerned about receiving notice of debarred contractors and whether the contracting prohibition applied to nonfederal contracts as well. The OFCCP maintains a list of debarred contractors which may be se- cured from that agency. In addition. all debarments effected under Execu- tive Order 11246 are published in the FEDERAL Rsersrra. Finally. paragraph 12 Is not intended to cover contracts awarded by a Federal contractor for work to be performed on .a project which is neither Federal nor federally assisted. 6. Some comments suggested that Federal EEO requiremerfs should pre- empt state and local EEO require• meets. Other comments suggested that the more stringent standards. whether Federal or state or local. should apply. The Federal Govern- ment. of course, may not pre-empt state and local government regulation of the construction industry (Associat- ed General Contractors of Mass. v. Alt• shuicr, 490 F. 2d 9 (1st cir. 19731). The OFCCP has attempted to apply uni- form standards to contractors and to provide the greatest protection to the greatest number of people under the Executive Order. Section 60-4.9 and 60-4.5. The major change made in these two sections is the proviso in *60-4.5 which requires that each contractor participating in the plan make a good faith effort to achieve its goals and that the overall good performance by other contrac- tors does not excuse any contractor. This change was made 1n response to those comments to the effect that POCUMEN.(., FOLLOW . .t, e l'� • i, • ate • 4,s•! II • .14892 . 1 ,, t i� hone eontractors were tssittg the plans t:,; , 11 (and the actomnitshinenta of other 'k , •• contractors in the plan area) to shirk !� their obligations bidet the Order. This change also is consistent with the • i.._ Executive Order which imposes the e ::.. i, nondiscrimination and affirmative action requirements on each contrae- '4L• , • tor. 3.. Section 60-4.6. This section requires • gr.,1 the Director of OFCCP to issue goals -7.s/7-'',i; and timetables for minority and • $A..-5 female utilization which shall be based 'fi..: +� on appropriate workforce. demogra- -. : ►;• phic or other relevant data. The goals - ' •,; is • shall cover specific construction pro- > . •-• . jects or construction contracts per- formed in specific geographical areas. - i! • PublLshed elsewhere in the FEDERAL RFGSSTEP. today are goals for fPrnale •....:'.t utilization on con.structlun projects. It Ls antic!pitted that' •.ithin the very - +• near future OFCCP will prcu ose scan- • '•, ti... darda and goals for minority utilL'.a- ,•'•, _ _ tion pursuant to 41 CFR 60-4.6 of the • ;,. . •' regulations published today. Until "' ,.. c; those goals are published in final form �• `.•_i the goals and timetables applicable • under existing OFCCP requirements •t '-• will continue to be effective. .t,:• i 'f • e•:;,, •••A number • of comments addressed 38 - ' the issue of goals and timetables. Con- -••'-' .. tractors recognized the construction `Y'"•'• :`. `" industry's obligation to take affirma- • 10 - Live action • but expressed concern • _.'�,k . ,• .. sbout the nature of the required • ;', actlon..They characterized "goals" as quotas, stated that the goals require- ment would require contractors to hire unqualified persons. stated that. qualt- .. .... 't ': • fled female craft workers are not avail- - able and that contractors would be re- ;1 ',. squired to displace other workers with _•• ."• . ; •women because of high unemployment ' �' -1. 6 c i netr201 of Executive Order ;7.t: •.-• 11246, as amended, mandates the Sea retary of Labor to "adopt such rules ••,.••- -and regulations and issue such orders _ •'..• •as he deems necessary and appropriate ` • ` • • • to achieve the • • ` purposes of .the • ..; • .. !.� . • Executive. Order. Section , 202• of the •; ; .� Executive Order requires every nonex- empt Federal contractor or subcon- .tractor. including Federal and federal. • ly assisted construction contractors • and subcontractors (see 4 301 of the • Order). to take affirmative action. .. The Department of Labor's expert- . ence with affirmative action has dem- - •onstrated that goals and timetables are the most concrete and effective system for implementing the affirma- • ; ••' tive action obligation contained 1n the .. • i• Executive Order. Since goals and time- ; •:• tables were implemented as an atttr- * ' • ,motive action requirement. all Feacral • • ; . .... r ,� contractors and subcontractors except �- . . construction contractors have been re- .• qu.lred to establish goals and limas- • .. .. ;c • .. bles for women. Construction contrac- tors, on the other hand. have been re- .. . . qutred to establish goals for minority •• Y _ • •. �.. workers; 'and .then, only 1f the con- • - -.,.• . . , '1' s • , .•r'. RUtt§ AND RtGULAtIOHt st tletion contract altos being per., formed in a geographical area covered by a Hometown Plan or an Imposed Plan or if the contract was awarded Subject to Special Bid Conditions. These were the three methods by which the Department of Labor spe- cifically implemented the affirmative action obligation imposed on Govern- ment contractors and subcontractors. Unlike nonconstructlon contractors. who'were and are required to develop detailed affirmative action programs (which include goals and timetables for women and minorities), the only Implemented affirmative action obliga- tion imposed on construction contrac- tors has been the goals and timetables established in the Hometown Plans, Imposed plans or Special Aid Condi. ticns. Neverihel<•s, all Gu•.<'rnonent contractors and subcontractors. in- cluding construction contractors and subcontractors. agree in every contract to "• • • take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex or national origin." (Section 202, cl. 1, Executive Order 11246, as -amended.) . In the past, as stated above, the OFCCP has used a number of methods - to implement the affirmative action requirement of the Executive Order in the construction : industry. These methods have included Hometown Plans. Imposed Plans and Special Bid Conditions.. The basic affirmative action feature under each of these methods has been goals and timeta- bles.' Goals and 'timetables in large measure have been limited to minority uttlizatlon'although the word "minor- •ity" •was defined to Include minority women. In the construction industry, however, goals and timetables general- ly. have not been established for women. The' notice published • else- where in the FEDERAL REG1sTER today. however, will establish goals and time- tables for female utilization for con• struction contractors and subcontrac- • tors who are subject to Executive Order 11246. as amended. • A number of methods and proce- dures for establishing goals and time- tables for the construction Industry have been considered, and the OFCCP has concluded that this Notice form is the most reasonable and efficient way to inform construction contractors of their obligations and to protect work- ers under the Executive Order. First, .the Hometown Plan concept contem- plates that contractors, unions and the local community voluntarily wL11 agree to an affirmative action plan, submit it to the OFCCP for approval and. if ap- proved, compliance with the plan will •constitute compliance w•1th the Execu- tive Order. This process is time Con• suming and does not always guarantee agreement..Indeed, under this process only 82 itothetowit Plans have been developed and approved and only 33 Presently exist. These plans cover only a small fraction of the cities in the country and only a small portion of Federal and federally assisted corn struction. Similarly, the Imposed Plans require long and drawn -out pro- ceedings before they are implemented. These proceedings include public hear- ings in each area where the plan is im- posed and subsequent publication in the FEDERAL REGISTER and codification to the Code of Federal Regulations. Moreover, the hearing process did not always produce reliable data upon which reasonable goals could be based thereby snaking it necessary for the OFCCP to develop the goals •using Census Bureau prepared data. Through this process, seven , is-�.• have been imposed. In order to cover some of the major Federal and federally assisted con- struction contracts being performed outside of Hometown and Imposed Plan areas, Special Bid Conditions were designed. Under this concept the compliance agencies establish goals and timetables for construction con- tracts for which they have compliance responsibility and submit the Special Bid Conditions to the OFCCP for ap- proval prior to the time the bids .or offers were solicited. Special Bid Con- ditions unlike Hometown and Imposed Plans. however, are limited to the pro- ject for which they were designed. Ac• • cordingly. two projects being in close • proximity would require separate Bid ' Conditions if the projects -Involved • • were resigned to different agencies for compliance purposes, or no Bid Condi- - tions at • all if the compliance agency • • • did not act prior to the solicitation.. The three affirmative .action meth ods previously used do not allow for an efficient system which provides a fair . - degree of protection for construction • •employees. The notice system. on the„ -other hand, allows for the use -of the <best data available. which • was not - always forthcoming hi hearings, and ' an efficient and prompt implementa- tion of the goals which result from that data. A review of the status of women in the construction industry shows that unless specific affirmative action steps are prescribed, construction employ- ment opportunities will not reach the female workforce of this country. For example, when these regulations were • proposed last August, the preamble contained the following statement (42 FR 41379); . According to the.1970 Census of Popula- tlon, women constituted 37 percent of the experienced civilian labor force. and 19 per- - cent of all persons 19 years or older with vo- ='catlonal training in trades or crafts. At the •' sane . time, ' however. women constituted • •only • 5 percent of the experienced labor • " force in craft and kindred oocupattons. and FEDERAL REGISTER, VOL 43, NO, 6E— 11IDAY, APRII 7. 197S L,:25 ' • •.. • . • •:.• .- • • , . • ' • • • • l• .4 6 - 'Ire., , ' , .,...... ,, • - .1 . 4. i 6, • ". • • , .•• • • 4" ! ' . V• ,,,•6.,, •44 •" ..•i 4 • .• . i • .• ' • .6 • ' ..4 4. • ''•4 A) 11)0i ':.* iiiiti 'At:;b1. 6 •Q• ,. it't6. U(At.1bil..:i ' ' f I 4. .. ''. . .‘ I - • ' • ; 41 .4 . - itgiS .• • ' i, • ••: 4 ' ..t. • It 16,1.'. .4; '. 4 l't "• • ,, . 6 • . r • • , ...„ • only 1.2 Perettat thi 'eltberienet4 C011- strut -non labor tort. -The *to tS Mt -OM -ICY be- tween the percentage OT trotted tri the labor • force and the Percentage of women In the construction tradea.tindbubtedIf till contin- ue until positive action •Ls taken to ensure that construction job! tre made aVAllable to 'women. A system of Rolla and timetables for women in construction 'sea based on PHor • experience, help to rectify the neat total vt- elusion of female representation In the Con- struction trade:L.-, tt, .4 1 ' The Interest of women tn the construction ' trades and their availability for employment -"las been clearly demonstrated_ In October, ;1975, Tor 'example:the OFCCP conducted ; fact-finding hearings inBaltimore. Md.. sot- ' cificatly relating- to equal employment op- - portunIty in the constriction industry. Rep- -resntatives •from EEOC, t-arlous aomen's orrianL•eatiorts. and academic Institutions tes- tified that disertnunation and not the lack of mailable and Interested female upon - cants in krepteg the percentage of women in - the construction trades at such a low leveL Typira! s,tuations described In that testimo- ny ins ol•ed women trained as construction workers who rained membership in a union ••• local but who were not, hired although they too at the front of the hall or at the 'top of the reterral list, and who were subse- quently told at a Joh site that they would never bP hired because they were women. In • another typical case a woman gained.em- : ployrnent In a craft In which her husband alr-ady worked: subsequently both were laid ' • off • and after numerous attempts to find work the man was Informed that he would not find a Job until. his wife left the craft.. .; Further evidence of the Interest of and • discrimination against women In the con- struction industry was presented at recent hrarinrs held In California and Washington on the amendments of their State laws to • include Foals and timetables for women tn apprenticeships. The growing nurnber of Or- - ganizations across the country whose lour - pose is the placement of women in the con- _ struction trades Illustrates the high degree • of interest and the large number of women interested tn pursuing careers in the ,cort- struction trades. • The longstanding reputation of the trades for *excluding women discourages many women from applying for construction jobs. Thus, although many women are inclined toward Jobs in the trades. far fewer actually 'apply: A study by two Stanford University psyermicellta demonstrates that the nurnber of women applying for Jobs in the construction trades would substantially in- crease were there goals for women. In that studY. two eroups of female Job seekers were given three detailed Job descriptions and were asked to rate their Interest In the Jobs on a scale of 1 to 5. from not interest- - ed- to "extremely interested." Two of the three js described were traditionally female Johs and one v..as a construction Job. Ralf of the booklets contained the following ..tatement under the title of the construc- tion Jobs: -Equal Opportunity for Wornen. :rue: Federal Laa Now Requires That Corn. e:trs Train and Hire. A Certain Percentage of Women for the Job of [carpenter] Each Year.- The other half of the booklets con- , /tined no statement about affirmative action. In the affirmative action group 33 percent of the women Indirated a strong In - crest in the construction Job, twice the per- •i•nt.aCr indicating a strong Interest In the Aher group. Seventy percent of the women in the affirmative action group expressed • • A . • ' f. • .1torke'd"eirifEe' besitive 'iirteiest COttsttite• Eton job, one and one halt lie than,ft the other greuti. Clearly, there ettists an •able pool of *Omen interested in applyIntr ----lot:construction jobs. ••,• i. • s' • ' 4-•The :Maritime Administration•Which °Vet- See,s enforcement of the Eitecutive Ordet 10 • the Shipbuilding Industry bite provided the Department'with some very. useful docu- trientation, On both the availability of women tor constructlon.related jobs and the Postlre impact of goals and timetables on •• the employment of women in those Jobs: A • number of the jobs In the shipbuilding In- - .dustry are comparable to Ostia In construe- - tiorg• the Maritime experience therefore ••• particularly useful. In the early 1972 the , Maritime . Administration began requiting • kora and timetables for women by ship- • building contrru:tors. There experience was that ass more women were employed. more -women applied. Once women knew that • they would be hired without regard to sex, they applied In large numbers. In at. least ' one shipyard the applicant flow Is now run- • fling at the rate of the normal workforce • rate of women tn that area. C'nqunstionablY, the keyreason for the Increase of women In ' that. industry Is goals and timetables. • • The results achieved in locations where .goals for women have been 'set have been ' 'dramatic. In &cattle, Wash., since the impo- ...salon of goala for women In city construc- tion, nearly every city construction project • has had at least one woman working on the • :construction site. LI California. the impost- • Lion of goals has resulted In the placement of 50 percent more women in construction jobs by Wornen in Apprentice-shlp, an out- reach program operating In San Francisco tleSlened to help place women in the skilled • trades. Similarly, although there were only ' Iwo women in Madison. WLs.. construction jobs In 1975, there were..tn 1976. after the .* Imposition of goals. 15 women In those Jobs. .• The exclusion of women from well -paying jobs in the construction industry exists de- spite persistent effort among women to break into construction work. Although v.-omen have rnade substantial gains in other nontraditional jobs, the above statistics demonstrate that the exclusion of women from construction work will not be correct- ed and that the objectives of the Executive Order will not be realized unless positive steps are taken to bring together the female worker and the construction job. According- ly. it is necessary to establish specific stan- dards of affirmative action for women in the • construction industry under Executive Order 11246. as amended. Therefore. the specific affirmative action requirements in- corporated into these proposed regulations Include specific requirements for ensuring equal employment opportunities for women as well as for minorities. These factors show that women are available for construction and that they are not. being utilized. Moreover, tf women are to assume a fair number of Construction jobs It is necessary to establish specific affirmative action re- quirements. The time has Come to do that. 2. The Department of Labor recog- nizes the distinction between permissi- ble affirmative action goals and time- tables and impermissible quOLas. In a March 23, 1973, memorandum the De- partments of Justice and Labor and the Equal Employment Opportunity FEDERAL REGISTER, VOL 43, NO. 611--FRIDAY, APRIL 7, 197e . • • 2 6 totithiLstioti 'and „ the Civil igergke Cortirtilstinti dlstbgulshed goeltg Ahd tithetablee: • , • • • • Quetd.aystetne in the ptist hiv▪ e been • need In other context* Mh quittitifled UM- teflon, the purpose of which La ettchielOb. but this LA not itii sole definition. A quota ilystedt. applied in the employment contekt, would Impose IL fixed number or percentage which thust be attained. or which cannot be eXceeded: the crucial consideration would be whether the mandatory,numbers of laerimiaa have been hired or promoted. Under such it quota systemthat number would be flied to reflect the population in the area, tit some other numerical base. regardless of the number of potential applicants ,WhO meet necessary qualifications. If the em- ployer failed. he would be subject to sanc- tion. It would be no defense that the quota may have been unrealistic to start with. that he had insufficient vacancies. or that there were not enough c alifted applicants. although he tried in g ,.d faith to obtain them through appropriate recruitment methods. • ' • • • ' • Any system which requires that consider- ations of relative abilities and qualifications .• be subordinated to considerations. of race. sex, or national origin In determin- ing who is to be hired. promoted. etc-. In order to achieve a certain numerical posi- tion has the attributes of a quota system which is deemed to be Impermissible under .. the standards set forth herein. • A goal, on the other hand. Ls a numerical objective. fixed realistically in terms of the number of vacancies expected.. and the number of qualified applicants available In the relevant job market. Thus, If through no fault of the employer. he has fewer va- cancies than expected, he is not subject to sanction. because he Ls not expected to dis- place exLsting employees or to hire unneed- ed etnployees to meet his goal. Similar'''. if he has demonstrated every good faith effort to include persons from the group which was the object of disertnalnation into the group being considered for selection. but has been unable to do so in sufficient num- bers to meet his goal. he Ls not. subject to sanction. • The Department of Labor continues to recognize the distinction between affirmative goals and Impermissible quotas. and also follows the policy enunciated In the memorandum quoted above. The Congress and the courts also have recognized and acquiesced in the affirmative action programs (inc)uding goals and timetables) required under Executive Order 11290. When Con- gress considered the Equal Employ- ment Opportunity Act of 1972 (Pub. L. 92-261). Senator Saxbe made the fol- lowing statement in support of his amendment to strike a provision which would have transferred the Ex- ecutive Order program to the EEOC. (118 Cong. Rec. 1385): The OFCCIPI's affirmative action Pro- grams have tremendous Impact and require that 260.000 Government contractors In all industries adopt positive programs to seek out minorttles and women for new employ- ment. opportunities. To accomplish this ob- jective. the OFCCIPI has utilized the proven business technique of -establishing - " • . '• • . . • 't 3 • /-*) ' ""-• L 2 :;- ••• •l. - • • • t IT 4 14891 "goals and timetables" to insure the suctess 6f the Executive Order program. It has been the "goals and timetables" approach which U unique to the OFCCIPI's efforts in equal ernp)oyment, coupled with extensive report. trig .and monitoring procedures that has given the promise of equal employment op- portunity a new credibility. The Executive Order program should hot be Confused tsith the judicial remedies for proven discrimination which unfold on a /footed and expensive case -by -case basis. Rather. affirmative action means that all Government contractors must develop pro- grams to insure that all share equally In the Jobs 8enerated by the Federal Government's spending. Proof of overt discrimination Is not required. Senator Saxbe's prol5osed amend- rnent was adopted. 118 ' Cong. Rec. 1387-1398 (1972). In addition, 2 days after hearing the comments of Sena- tor Saxbe, quoted above, Congress re. jected an amendment offered by Sena- tor Ervin which would have proscribed the adoption of goals by Goverrjent contractors. II• C. r are. speaking against i his amendment, Senator .ravels had tr: _ rill: d C;:..utt s prior approval of affirmative action goals in Contractors Assn. of Eastern Pa. v. Shultz, 442 F.2d 159 (3d Cir. 1971). cert. denied. 404 U.S. 854 (1971), reprinted in the Congressional Record (128 Cong. Rec. 1665). Moreover, he argued that what the Ervin amend- ment sought to reach was: fTlhe whole concept of "affirmative action" ns it. has been developed under Ex- ecutive Order 11246 and as a remedial con• cep/ under Title VII. 1"ttlac:r:onia•t; plans are based on the Federal Goverrraent's power to require its own contractors or contractors on projects to which is controutes-for example. State projects with a Federal contribution -to take affirmative action to enlarge the labor pool to the rnaximum extent by promoting ftcll uUli ation of minority -group employees, and by making certain requirements for those who hire to seek cut minority employ- ees • • • 118 Cong. Rec. 1664 (1972). Section 60-4.7. This section simply Indicates that regulations in other parts of 41 CFR Chapter 60 applicable to construction contractors and sub- contractors remain applicable. Specific examples are Listed_ • • Section 60-4.S. This section estab- lishes a show cause procedure to be followed when an investigation or compliance review has revealed a vio- lation. The show cause notice. howev cr, is not required if the matter is to be referred to the Department of Jus- tice under Section 209(a)(2) of the Ex- ecutive Order. In other words. the show cause notice is required if admin- istrative rather than judicial proceed- ings a e contemplated. In addition, the show cause notice -must itemize the sectiors of the Order and regulations Fhich the invi tigation revealed have been violated, the corrective actions necessary to achieve compliance, a re- quest for a written response and a sug- gested date for the conciliation confer- ence (see 41 CFR 60-2.2(c)(1) (i)-(iv)), Section 60-4.9. This section provides that by operation of the Executive Order, the equal opportunity clause (41 Cr'rt 60-1.4), the Notice of Re- quirement for Affirmative Action to Ensure Equal Employment Opportune• ty (Executive Order 11246) contained in § 60-4.2 of the regulations adopted today and the Standard Federal Equal Employment Opportunity Specifica- tion contained in § 60-4.3 of the regu- lations adopted today shall be deemed to be included, as applicable. in every solicitation, contract and subcontract, required by the Order and the regula- tions in this chapter to include such clauses, whether or not they are phys- ically included and whether or not the contract is written. This provision is consLstent with case law. See United States v. New Orleans Public Service, Inc.. 553 F. 2d 459 (5th Cir. 1977), '-rah'•.. -' fed. 559 F. 2d 20. pet °ar cert. ratrL:Pry, : .D. 77-4)7 :/rid. (.: f. ec ..ifa.'.Cs t•. LT:Issis.ef pi Fo'rer and Li7ht Co., 553 F. 2d 480 (5th Cir. 1977). reh'g denied, 559 F. 2d 29, pet for cert. pend- ing. No. 77-605. • • • OTH r COMLstt TS ' 1. Some comments expressed the view that the Department of Labor should withhold /a decision until the Supreme Court has ruled in The Re- gents of the University of CaI1!ornia v. Bakke c'i-se. It. of course, is always dif- ficult to predict with precision how the Supreme Court will ntle in a spe- cific case. However, it is not likely than a ruling in that case, a university ad- missions case, would have the type of impact on these regulations that they should be held in abeyance until the Supreme Court has ruled.. • - 2. Some contractor comments took the position that the obligation to take affirmative • action should be shared equally by contractors and their unions. The Department of Labor does not disagree with the con- cept of a• union taking affirmative action. However, coverage under the Executive Order is limited to Federal contractors and subcontractors. Unless the union is a contractor or subcon- tractor. in which case it is covered, the Executive Order authority over the union is limited_ - 3. ome comments obj-cted to main- taining a record of solicitation of offers from minority and female con- tractors and suppliers. This provision is not intended to compel the contrac- tor to - contract - with any specific group. It has been the Department of Labor's experience, however, that these contractors generally employ persons protected under the Executive Order. Thus, federally generated dol- lars are helping to • increase employ. went opportunities for minorities and women. This • provision.: ultimately RULES AND REGULATION'S • though, Is Intended to help to evaluate the contractor's good faith efforts. In consideration of the foregoing, 41 CFR Chapter 60 Ls amended by adding a new Part 60-4 as set forth below, and by deleting Parts 60-5; 60-6; 80-7; 60-8: 60-10; and 60-11. In addition, The Philadelphia Plan and the New Form for Federal Equal Employment Oppor- tunity Bid Conditions for Federal and Federally Assisted Construction (41 FR 32482), commonly known as the Model Federal EEO Bid Conditions, hereby are terminated and discontin- ued. - Dated: //?arch 28, 1978. RAY MARSHALL. Secretary of Labor. Do.rALn Etisstrnc. Assistant Secretary, Employment Standards Administration. WEtnorr J. Roocsay. Director, OFCC P. • Sec. 60-4.1 Scope and application. 60-4.2 Solicitatiors. 60-4.3 Equal opportunity classes. 60-4.4 Aifirrnative action requirements. 60-4.5 Hometown plans. 60-4.6 Goals and timetables 60-4.7 Effect on other regulations. 60-4.8 Show cause notice. 60-4.9 Incorporation by operation of the Order. • AUTHORITY: Secs. 201, 202, 205, 211. 301. 302. ard.303 of E.O. 11246, as amended. 30 FR1te.T119; 32 FR 14303. § 60-4.1 Scope and application. _ This part applies to all contractors and subcontractors which hold any Federal or federally assisted construe-c tien contract in excess of $10,000. The! regulations In this part are applicable, to all of a construction contractor's or subcontractor's construction employ- ees who are engaged in on site con- truction including those construction employees who work ot7 a non -Federal or non -federally assisted construction; site. This part also establishes proce- dures which all Federal contracting of- ficers and all applicants. as applicable. shall follow in soliciting for and awarding Federal or federally assisted construction contracts. Procedures also are established wl-Jch administer- ing agencies shall follow in making any grant, contract, loan. insurance. or guarantee involving federally assisted construction which Ls not exempt from the requirements of Executive Order 11246, as amended. . In addition. this part applies to con- struction work performed by construc- tion contractor.; and subcontractors for Federal noriconstruction contrac- tors and subcontractors if the con- struction work is necessary in whole or in part to the performance of a ncn- construction contract or subcontract. FEDERAL IUGISTER, VOL 43,'NO. 6.4-f2f9AY, AP2:1 7,1978 • ffi § 60-4.2 Solicitations. (a) All federal contracting officers land all applicants shall Include the tibtice set forth in paragraph (d) of this section and the Standard Federal Equal Employment Opportunity Con- struction Contract Specifications set forth in § 60-4.3 of this part in all so- licitations for offers and bids on all Federal and federally assisted con- structicn contracts or subcontracts to be performed in geographical areas designated by the Director pursuant to § 60-4.6 of this part. Administering agencies shall require the inclusion of the notice set forth in paragraph (d) of this section and the speciilcations set forth in § 60-4.3 of this part as a condition of any grant, contract, sub- contract, loan insurance or guarantee involving federally assisted construc- tion covered by this part 60-4. (b) All nonconstruction contractors covered by Executive Order 11246 and the implementing regulations shall In- clude the notice in paragraph (d) of this -section in all construction agree- ments which are_ necessary in whole or in part to the performance of the cov- ered nonconstruction contract. (c) Contracting officers, applicants and nonconstruction contractors shall give written notice to the Director within 10 working days of award of a contract subject to these provisions. The notification shall include the name, address and telephone number of the contractor, employer identifica- tion number, dollar amount of the contract. estimated starting and com- pletion dates of the contract; the con- tract number, and geographical area in which the contract is to be per- formed. (d) The following notice shall be in- cluded in, and shall be a part of, all so- licitations for offers and bids on all Federal and federally assisted con- struction contracts or subcontracts in excess of 310,000 to be performed In geographical areas designated by the Director pursuant to § 60-4,6 of this part (see 41 CI- 60-4.2(a)): NOTICE OP REQUTREME:YT FOR AFFIRMATIVE AcrroN To E:+scar. EQUAL EMPLOYMENT OPPORTUNITY (E•A-r;currvE Osumi 11246) 1. The Offeror's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employ- ment Opportunity Construction Contract Specrlicatuons" set forth herein. 2. The goals and timetables for minority and female participation, expressed in per- centage terms for the Contractor's aggre- gate workforce in each trade on all con- struction work In the covered area, are as follows: Timetables Goals for minority Goals for female participation for participation In each trade each trade Insert goats for Insert goals for each year. each year. • • RULES AND REGULATIONS f•y These goals are applicable to all the Con- Stractor's construction work (whether or not it Is Federal or federally assisted) performed in the covered area. The Contractor's compliance with the Ex- ecutive Order and the regulations In 41 CFR Part 60-4 shall be based on its Implementa- tion of the Equal Opportunity Clause, spe- cific affirmative action obligations required by the specifications set forth in 41 CFR 60- 4.3(a), and its efforts to meet the goals es- tablished for the geographical area where the contract resulting from this solicitation is to be performed. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and In each trade, and the constractor shall rnake a good faith effort to employ minorities and women evenly on each of Its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from pro- ject to project for the sole purpose of meet- ing the Contractor's goals shall be a viola- tion of the contract, the Executive Order and the regulations Ln 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed. 3. The Contractor shall provide written nottflotton to the Director of the Office of Federal Contract Compliance Programs within 10 working days of award of any con- struction subcontract in excess of t10.000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address and telephone number of the subcontractor, employer identification number, estimated dollar amount of the subcontract; estimated starting and completion dates of the sub- contract; and the geographical area to which the contract is to be performed. 4. As used in this Notice, and in the con- tract resulting from this solicitation, the "covered area" 13 (insert description of the geographical areas where the contract is to be performed giving the state, county and city, 11 any). § 60-4.3 Equal opportunity clauses. Via) The equal opportunity clause published at 41 CFR 60-1.4(a) of this chapter is required to be included in, and is part of, all nonexempt Federal contracts and subcontracts, including construction contracts and subcon- tracts. The equal opportunity clause published at 41 CFR 60-1.4(b) is re- quired to be included in, and is a part of, all nonexempt federally assisted construction contracts and subcon- tracts. In addition to the clauses de- scribed above. all Federal contracting officers, all applicants and all noncon- struction contractors, as applicable, shall include the specifications set forth in this section in aU Federal and federally assisted ccnstruction con- tracts in excess of $10,000 to be per- formed in geographical areas designat- ed by the Director pursuant to § 60-4.6 of this part and in construction sub- contracts in excess of $10,000 neces- sary in whole or in part to the perfor- mance of nonconstruction Federal contracts and subcontracts covered under the Executive Order. . FEDERAL • SrAfinARD 'EbaiiAL EcitrAL EMnoYMZTrT OP. roatcstrft CoNsraocrtoji CoNTP,ACr SPEci- hcAtloiil (Etrcvrtvi Oithifl 11246) f. As used lit these speetticatlons: - a. "Covered area" means the geographical area described. in the Solicitation from which this contract resulted; b. "Director" tneans Director, Office of Federal Contract Cornp)lance Programs. United States Department of tabor, or any person to whom the Director delegates au- thority, 'c. "Employer identification number" means the Federal Social Security member used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941. d. "Minority' includes (1) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin); (11) Hispanic (all persons of Mexican. Puerto Rican, Cuban. Central or South American or other Spanish Culture or origin, regardless of race): (fil) Asian and Pactttc Islander (all persons having origins la any of the original Peoples of the Far East, Southeast Asia, the Indian Subcontinent. or the Pacific Island:;): and i (Iv) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal aff'inattor_s through membership and participation or community identification). 2. Whenever the Contractor, or any Sub- contractor at any tier, subcontracts a por- tion of the work involving any construction trade, It shall physically include in each subcontract in excess of $10,000 the provi- sions of these specifications and the Notice which contains the applicable goals for mi- nority and female participation and which Ls set forth in the soncitatfons from which this contract resulted. 3. IS the Contractor is participating (pur- suant to 41 CFR 60-4.5) In a Hometown Plan approved by the U.S. Department of Labor in the covered area either Individual- ly or through an association, its affirmative action obligations on all work in the Plan area (Including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating In the Plan. Contractors must be able to dem- onstrate their participation in and compli- ance with the provisions of any such Home- town Plan. Each Contractor or Subcontrac- tor participating in an approved Plan is indi- vidually required to comply with its obh):a- tions under the EEO clause. and to make a good faith effort to achieve each goal under the Plan 1n each trade is which It has em- ployees. The overall good faith performance by other Contractors or Subcontractors toward a goal in an approved Plan does not ' excuse any covered Contractor's or Subcon- tractor's failure to take good faith efforts to achieve the Plan goals and timetables. 4. The Contractor shall implement the spectfle affirmative action standards pro- vided In paragraphs ?a through p of these specifications. The goals set forth In the so- licitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minor- ity and female utilization the Contractor should reasonably be able to achieve in each construction trade in which It has employ- ees in the covered area. The Contractor is expected to make substantially uniform pro- gress toward its goals in each craft during the period specified. . REGISTER. VOL 43, NO. 68—FRIDAY, AP$IL i, 1973 M.. • . T•i� .Jt 'I% rL t•' •e.-r. i t L-28 FOLLOW" o. bocurnent and Maintain i tecord of all solicttation3 of offer tor subcontracts from MUMMY and fennale construction contrac- tnr4 and auppilers, iftetudtng cireulation of solicitations to minority and female contrec- tor associations and other business acsoci- atlons. p. Conduct a review, at least annually. of all supervisors' adherence to and perfor- mance under the Contractor's EEO policies and affirmative action obligations. 8. Contractor's are encouraged to partict- pate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (7a through p). The ef- forts of a contractor association. Joint con- tractor -union, contractor -community, or other similar group of which the contractor is a member and participant, may be assert- ed as fulfilling any one or more of Its obliga- tions under,7a through' p of these Specifica- tions provided that the contractor actively participates in the group, makes every effort to assure that the group has a post- ttve impact on the employment of minor- ities and women in the industry. ensures that the concrete benefits of the programs are reflected Le the Contractor's nL pelt" and female 'vcraforce oeticf at:or_ ma.7ns s gc:cd faith et!o;:. roe t and timetables, and can provide att.-ess to documentation which demonstrates the ef- fectiveness of actions taken on behalf of the Contractor. The obligation to comply. how• I ever. Ls the Contractor's and failure of such t` a group to fulfill an obligation shall not be a defense for the Contractor's ncncomp:iance. 9. A single goal- for minorities and a srpa- I rate strgle goal for women have been 'estab- Ushed. The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minor- i ity-groups. both male and female. and all women. both minority and non -minority. ; Consequently. the Contractor may be in c•u.- lotion of the Executive Order if a particular group is employed in a substantially d:_ pa- , rate manner (for example, even though the 1 Contractor has achieved its goals for women ; generally, the Contractor may be in viola- tton of the Executive Order if a snecif is mi- nority group of women is underutilized). 10. The Contractor shall not use the goals and timetables or affirmative action stan- dards to discrlinrate against any peron be- cause of race, color, religion, :ex. or national origin - 11. The Contractor shall not enter into any Subcontract with any person or firm de- barred from Government contracts pursu- ant to Executive Order 11246. 12. The Contractor shall carry out such , sanctions and penalties for violation of these specific tions and of the Equal Oppor- tunity Clause, including suspension- termi- nation and cancellation of existing subcon- tracts as may be imposed or ordered pursu- ant to Executive Order 11246, as amended.: and its implementing regulations, by Lie • Office of Federal Contract Compliance Fro- ; ' grams. Any Contractor who falls to carry out such sanctions and penalties shall be in violation of these specifications and Ftecu- tive Order 11246, as amended. 13. The Contractor. in fulfilling its obiira- Lions under these specifications. stall imple- ment specific affirmative action steps. at least as extensive as those standard pre-, scribed in paragraph 7 of these specifica.. Lions, so as to achieve maximum results from its efforts to ensure equal employment opportunity. It ..the Contractor falls to, comply with the requireraents of the Exccu- Y tip 14896 S. f}eithet the provisions of any collective bargaining agteerrtent, not the failure by A union With whom the Contractor has a col - fettled bargaining az^reetticnt; to Teter either bainotltits or women shall excuse the Coto tractor's obligations under these specifica- 116rs, Eitecutive Order 11246. or the reguia- tlofu promulgated pursuant thereto. 6. in order for the nonworking training hours of apprentices and trainees to be counted to meeting the goals, such appren- tices and trainees must be employed by the Contractor during the training period, and the Contractor must have made a commit - meat to employ the apprentices and train- ees at the completion of their training, sub- ject to the availability of employment op- portunities. Trainees must be trained pursu- ant to training programs approved by the U.S. Department. of Labor. 7. The Contractor shall take so -exilic affir- mative actions to ensure equal employment opportunity. The evaluation of the Contrac- tor's compliance with these specifications shall be. based upon its effort to achieve maximum results from its actions. The Con- tractor shall docurnent these efforts fully, az:l Oa i-•ip, .-Went -Mews at least eiexten. ive as the a Ensure anti eta retain a anti a into- a- inent free of harassment. intimidation. and coercion at all sites. and in all facilities at which the Contractor's employees are as- signed to work. The ConLractor, where pos- sible, will assign two or more women to each constriction project. The Contractor shall specifically ensure that all foremen. super- intendents. and other on -site super sory personnel are aware of and Gerry out the Contractor's obligation to maintain such a working environment, with specific atten- tion to minority or female individuals work- ing at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources. provide written notification to minority and female recruitment sources and to commu- nity organizations when the Contractor or its uruons have employment opportunities available. and maintain a record of the orga- nizations' responses. a Maintain a current file of the names. addresses and telephone numbers of each mJnonty and female off -the -street applicant and minority or female referral from a union. a recruitment :source or community organization and of what action was taken with respect to each such individual Lt such individual cues sent to the union hiring hall for referral and was not referred hack to the Contractor by the union or, if referred. not employed by the Contractor, this shall be documented to the file with the reason therefor. along with whatever additional ac- tions the Contractor may have taken. • . d. Provide immediate written noufication to the Director when the union or urtons with which the Cortr ctor has a coileetive barvainin.t h•rreement has not referred to the Contractor a tinority person or woman sent by the Contractor. or when the Con- tractor has other information that the union referral process has impeded the Con- tractor.; efforts to meet is obligations. •_ e. Develop on-the-job training opportuni- tlea and/or participate in training programs for the area which expresly include minor- ities and women. including upgraduns pro- grams and apprenticeship and trainee pro- grams relevant to the Contractor's c npioy- ment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice RULES AND REGULATIONS of these programs to the sources complied tinder 7b above. f. Disseminate the Contractor's EEO Policy by peovidi^.g notice of the pnliry to unions and training programs and request- ing theta cooperation to assisting the Con- tractor in meetina'tts EEO obligations; by including it to any policy manual and collec- tive bargaining agreement; by publicizing It in the company newspaper, annual report, etc.: by specific review of the policy with all Management personnel and with all minor- ity and female employees at least once a year, and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construc- tion work is performed. _ g. Review, at least annually, the compa- ny's EEO policy and affirmative action obit- gatlons under these specifications with all employees having any responsibility for hiticg, asstgnrnent, layoff. termination or other employment decisions tnciudirg spe- citic review of these items with onsite super- visory personnel such as Super::.tendents. General Foremen, etc.. prior to t-te L^,iti- ation of construction v.or's at any job site. A wrate:t record hall he made ant main- tained identtf Ing the tune and piace of Choi? ... _ ..... -.::ors ndir.c, s :bj: ct matter uscuased• and disposition of the sub- ject matter. h. Disseminate the Contractor's EEO policy externally by including it in any ad- vertising in the news media, specifically in- cluding minority and female news media. • and providing written notification to and discussing the Contractor's EEO policy with other Contractors and Subcontractors with whom the Contractor does or anticipates doing business. L Direct its recnuitment efforts. both oral and written. to minority, female and com- munity organizations. to schools with int- nority and female stuaenLs and to minority and female recruitment and training o-ganl- eations serving the Contractor's recruitment area and employment needs. Not later than one month prior to the date for the accep- tance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notifica- tion to organizations such as the above, de- scribing the openings, screening procedures. and tests to be used in the selection prccess. j. Encourage present minority and female employees to recruit other minority perons and women and, where reasonable. provide alter school. summer and vacation emclo7- ment to minority and female youth both on the site and in other areas of a Contractor's workforce. k. Validate all tests and other selection re- quirements where there is an obligation to .do so under 41'CFR Part 50-3. I. Conduct, at least annually, an inventory and evaluation at least of all minority and ferrule per onnel for promotional opportu- nities and encourage these employees to seek or to prepare tor. through appropriate training, etc., such opportunities. a Ensure that seniority practices, job classifications, work assign rnents and otber personnel practices. do not have a discrimi- natory effect by continually monitoring all personnel and employment related activites to ensure that the EEO policy and the Con- tractor's obligations under these specifica- tions are being carried out. . n. Ensure that all facilities and company activities are nonsegregated except that sep- arate or single -user toilet and necessary changing facilites shall be provided to assure privacy between the sexes. FEDERAL REGISTFR, VOL 43, ri0. 68—FRJt)AT, APRIL 7, 19711 ;. ". ' • i•' . 4,6 • .• , i , `� i -+j, •• 11r . i • f ,..• -��•y� i •,; . . j - V. r • .4•: . • •4_ • • J .• • • _ �. i ) 4 f• �,• i x - ttli.E9 Attb :r:G1lu'LttO!1 i" i485i •.• f tare Order. the !Tg1_rr ;t •IF rw,. '• three r• r t, z F -ti ikUei;t .i• hi ab Ho al) ••n:i tt� *.a4 • �t ,.rctf.crtlo-t- .( _• tr'.t ! t,tiall Uro- ?ci; ho .tftinPd (n the ti toa•h is leis: tofY th i l�f�:ink �ti tit •4- Pl n, In Doted flan of Cpecial Bid . tot thit trade bait IS not partj' to a Co)= •- .12 •eteC to amen a-r: t tth 41 CFI'? �:-� S. • Conditions Presently covering the re- lective batgatntng aeretmertt foz thli<t ". a • 14. The Cun:rrtrtc. st:t11 k A.r1ittF t to r;pt�ctive geocraphica1 area or protect trade • s; on: !ble offl:MI to raoniter sr, ttnfilo�-a,t5t a i related ac:irltr to blouse thrt tho tessipany •• involved.. .: ; . (3) Is rl('.tctcry to & 1#ofnetown roan •` • 4-i i EEO policy b being eatTi!d out, to submit ' (b) L:gnatories to f; 11ometoWh Plan for that trade.but is parts to fl colieC•.. • ... '.n ' reports relating t,n the Desetaion• beret,! t+s.'•Zineludix,g heavy highway affirmative .'live bargaining agreement• with,Iabot, ' - • . •r airy be reouire.; 'by the Gael enx••nt a/,d to .: i Uon plans) than .have 45 pays frorn' organisations which arebot or tease r •,.4'; - i t ,it ' I ecp re^uids )rose's st:i►il it lent Include -. the effective date of the regulations in • to .be signatories to the. .same Mine-. F,t. 44 i ,11 for es=5 emplc'yee the aline, edit. s tete- • this part to submit under such a Plan town Plain for that trade;. + , -r • --�., ,, , . •rhar.e nuu+t'ers. °Instruction t:,.de. -union (for the Director's approval) goals and ' (4) 2s signatory to it 73ametown Plan •, ; ; - a••r4- • eff:L'atian t1 arts. t•:aplcyre idtnii t.tt1oa v timetables for women and to include for that trade and is parts to a eelfcc- •'" "Y' .. ,- ntirsxr 'ben tr_!Fne4i Axial security . fer-tale reprecent2tfon on the Home. . Live bargaining agreement with a labor •+ ' �. t r`•'.,3 nu:nt-� • race, rxt, atn;us 4c.11.r.;^chaste• c-o' .• torn Plan Administrative CaramIttee, • organization for that trade' but the ,''e - •' ••• -• aye rent rx t-s'nr. hi i^ram to hekrrcr) dated Ora art::n':v Ltd Cc'. t,' 107 Feder- al r a t F-dera"•y L-.st t al C•in- cticn pt:tli:h'd at 41 FT. 32:a: andrem- mealytr.or.-n a.; the Licaiel i eceral Z ' tad C_. eager.... .sett the rostra El_ali tin! tic used :,:ter the re;.u- :.z in 4l Cr:; part. GO-: become ef= fcc_:vc.. of r roofs to u ho•:ti aarte�! bee :e.t • such goals for female tepretentatfon t i ice tr.dic •c. a lade, rxtr of rap. Fstd lcxe• shell be at least es high as the coals tiaa: at a hlet, the o-orlc u•a, pert-rrned. R established for female repro: cntatton crrLs s:.all ar tneintri.•ted In an Basile tin.. in the Notice t"sued pursuant to 41 ore .suds.'.:e Brie rrtnet'�L;e feria: tics:ever, - CFR 60-4.6. Failure of the siertatortes, ee,�es !`.at existt.r rrccra, tetSfy • within the 45•dar period, to trc?ude uu-. grin•:re t, ccrvariars s ;:.1 not be . female representation end to submit r•,:cr:'s ensls for romen or a new p;aa, a ap- Ii ?:c:hi^r• h ear, prar.d.•d the:: he wn• Frog; -late• shall result in an automatic -'_-�•� a ► urni•.rticn therm :he ►r:I:tat:eh tc'r:r.ir::aoa of the Office of Federal cf o:hc :cs = hrh uia'�lish d1i:•rc nt s:.an- ce!-:- r,: rc-.1la:.w or t:rzo t: Brie n:atiott Contract Compliance PraFr:m's ap- cf rPcu:r•.•:'er.t.: for the hi:lr.c of la�i or p•ro.cl Of the Hometown Plan. At tans et er-t rr 'd-... !e.;.. to w� undo the ' tune the Office of Federal Contract P,.:, :'stet :aye- m ., t„7 and . Cc~io'.i:ace Pro•,r_a • terminates or lee cc^niatety-Der•:• ;inrrt•Bioci: Grtnt •Rithw-t ws its P,roval of a Hocictc,wn Plan, cr when the P;an expires and an - in) Th. ret,ce :(: ;-rt in 41 CFR. other Plan is not tierroved• the con- 6G- 4.2 cn i tat , , •."ire: lulls set icrt`z tr :cars big atory to the P)tn shall be to 41 CFF? (•C-;. rc;i; �e t; forth covered t.uto:aaticrllr by the Spectll- i seer, to. Reiter-'. `zu:.i i:r aiot'r..e w • ccaons set forth in t 60-4.3 of this part and by the goals and ti,-netcbleTestab• li�hed for that fieerraphical arca pur- suant to i 60-4.6 b: the part_ • f,0-4.4 Ar irm-ti:c srt.un rec..netn'cnt,. • •(a) To In:pler.:e:,t the affirmative action , requirements of Executive Order 11246 in the construction indus- try, :the Office of.. Federal Contract . Compliance Programs previously has! r.pproved affirmative action programs . . commonly referred to as "'Hometown • • Plans." has promulgated affirmative action plans referred to as "Imposed faith effort to achieve the goals for Plans" and has approved "Special Bid each trade has employees; eesing !n the Plan e • Conditions" for high impact projects which i. epee o performance and that the overall .good performance by other constructed In areas not covered by a 'contractors or subcontractors toward a -. Hometown or an Imposed Plan. All so- • goal in an approved Plan does not Imitations for construction contracts made after the effective date of the regulations In this part shall include the notice specified 1n ¢ 60-4.2 of this part and the specifications in g 60-4.3 of the part 1n lieu of the Hometown n • and Imposed Plans including the Philadelphia Plan and Special Bid Conditions.. Until the Director has Ii cued an order pursuant to E 60-4.6 of this part establishing goals and time- tables for minbrtttes in the appropri- ate geographical areas or for a project covered by Special Bid Conditions. the goats and timetables for minorities to be Inserted in the Notice require by 41 CFR 60-4.2 shall be the goals and tl- excuse any covered contractor's or subcontractor's fatlure •to take good faith efforts to achieve the Plans goals and timetables. If a contractor Is not participating in an approved Ho- rnetown Plan It shall comply with the Specifications set forth in § 60-4.3 of this part and with the goals and time- tables for the appropriate area as listed In the Notice required by 41 CFR 60-4.2 with regard to that trade. For the purposes of this part 60-4. a contractor Ls not participating in a Ho- metown Plan for a particular trade If It: (1) Ceases to be signatory to a Ho- metown Plan covering that trade; FEDERAL REGISTER, VOL 43, NO. 68—FRIDAY, APRIL 7. L-3O - § tar-4.o Pam:town plans'. . . . § 6^-d.6 Coals and timetables • (om) A ccr.t:.:ct,r p rtici; sting, either The Director. from time to time, : individually A ccly or through an rs�g, either thaU Lasue goals rand timetables for ral- in c: ualy or tvcd rcughtann Plan (in- aority and female utilization which clud:sit, hccvy hiHoh et affirmative shall be based on appropriate work- . cl :d r•'. he shall c_: ipl) with its ive force, demographic or other relevant fir ion r rctirh ll cr�iiens E l- data and which shall cover construe- • !inns e eOrztl 112,E cons undere with tion projects. or construction contracts ecutiits obligations is t 46 by the Pro- performed in specific geographical cfdcd, That each contractor or Plan:F'r subcon- areas. The goals shall be applicable to tractor participating in an approved each construcrtion trade c a covered Plan is individually required to comply contractor's s which hsu ison working entire with the equal opportunity clause set workforce which is goals and$ in the for; h in 41 CFR 60-I.4; to stake a good area covered by the timeta- bles, shell be published as notices the• Farris. Rsorsraft. and shall be insert- ed by the contracting officers and ap- ' pl)cants, as applicable, in the Notice required by 41 CFR 60-4.2. § 60-4.7 Effect on other regulations. • The regulations In this part are In addition to the regulations contained in this chapter which apply to con- struction contractors and subcontrac- tors generally. See . particularly, 41 CFTC 60-1.4 (a). (b), (c). (d), and (e); 60-1.5; 60-1.7; 60-1.8; 60-1.26; 60-1.29; 60-1.30; 60-1.32; 60-1.41; 60-1.42; 60- 1.43; and 41 CFR part 60-3; part. 60-20; part 60-30; part 60-40; and part 60-50. § 60-4.8 • Show cause notice. If an investigation or compliance review reveals that a construction con- tractor or subcontractor has violated the Executive Order, any contract. 197Jt f fS UPpOR VE • DOCUMENTS FOLLOW" two have not Jointly executed a spectf- ;; i:. ;.- lc commitment to minority and female' , a ,� • :' go�a a and timetables and incorporated , :.. ' .. the commitment in • the Hometown'.! . • - e t Plan for that trade: •. •' - • •'- :• ,+ (5) Is participating to a Hometown Plan for that Trade which is no longer • acceptable to the Office of Federal • 4 Contract Compliance Programs; i' - (6) Is signatory to a Hometown Plan for that trade but is party to a cotlec- ' tive bargaining agreement with a labor .••• • organization for that.trade and the • - Ic.tor organization and the contractor • •• have failed to gnat:e a good faith effort to comply with their obligations under • the Hometown Plan for that trade. ' • .(b) Contractors participating in Ho- a,. -• ' meto:Cn Plans must be able to demon- '1 • • strate their participation rind docu- ••,r merit their compliance with the prow!•.. • : ), slim s of the Hometown Plan; . •e • r. • 't • • 1.1893 rw clause. specifications or the regula- tions in this chapter and if administra• tine enforcement is contemplated, the • Director shall issue to the contractor or subcontractor a notice to show cause which shall contain the items specified in (i)-(lv) of 41 CFR 60- 2.2(c)(1). If the Contractor does not show good cause within 30 days, or in the alternative, fails to enter an ac- ceptable conciliation agreement which • includes where appropriate, make up goals and timetables, back pay, and seniority relief for affected class rnem- bets, the compliance agency shall • • RULES AND REGULATIONS err? follow the procedure in 41 CFR 60- 1.26(b): Provided, That where a conci- liation agreement has been violated, no show cause notice is required prior to the initiation of enforcement pro- ceedings. § 60-4.9 incorporation by operation of the Order. By operation of the Order, the equal opportunity clause contained in § 60- 1.4, the Notice of Requirement for Af- firmative Action to Ensure Equal Em- ployment Opportunity (Executive Order 11246) contained in § 60-4.2, and • • .. ..`- ::r. .... 14- 31 the Standard Federal Equal Employ: anent Opportunity Construction Con- tract Specifications (Executive Order 11246) contained Ih § 60-4.3 shall be deemed to be a part of every solicita- tion or of every contract and Subcon- tract, as appropriate, required by the Order and the regulations In this chapter to include such clauses wheth- er or not they are physically incorpo- rated in such solicitation or contract and whether or not the contract is written. CFR Doc. 78-9083 Filed 4.6-78; 8:45 aml • • Mala MEE ills MILIMERE MEW WS- 3 a •4 . .4. '46.. ;I. i'• ' : •‘. .• .•..... , -I, '. 41- ..6 " . ' • e . • g . ,.,•., 4 : . , . .....'ye....--i•,,,..... 4 . 64 l'i . i.'t • .6 • ' 4 ...4, ". ', ....., . e, .... ....•••,..t...1 • .".t.r.•••4k " • . It!k... ., .4 •• 4 ; :•+ toi i . • • • • • .," 4. '• ii • ' ! .• • • • • ... ° • %:•.,.*.‘ • A ••• 41 • t • t4s10-2,1 ''• ' • '•'' •• • "- . • OtliAfittfAtNt bt LAB6k - •• , . ptegreM Of equal teeplo:,-Ment oppot• • group consitte. of v.erkers In oreupl. ' ... • . . e tunity for scorner. in the construction .,tions with woreir.g conditione SIthilet • f • • • Wets et feelerei tooted coopeeece , -, indueetre. goall end timetables tit es• ;to those found Lo the. cor.struetion iti-1" . ,..... e , !....: . . _ . .,, peportowe . .. • .„, itele otcblished In this Notice lot female par- ...dustree . Tbete • occueitiona reetlite", .- • a,. •• .-.; . . • -.• . - • J.- '"•••• •••?4tIeloation. • . • • • ... , ... • • skills and abWties comparable to tneSe e a - , • WOMEN AND ,4040,-Ititt IN CONV1Wrilett48.„•Pr OFCCP hei- exatellne.d. tend 'oensid-- ;required of employees anteing in the • . . •• • . .• • ;.: • *41 4 .. ..• • • • • i.. I • • • • .40 • Ai • • I r 7, '6 -. „, . -• .a " ‘.4 •.°4 14 • • . 4. 414. 4. '6 • *. t . ?'• • . • • •'" • "s`.e..O -• • NOtittt • • ' • • .4 4 44 .4..4 • to . 6•• • t. • •::••••• s• • - • 112t5. arcehdea, find to 12d.q.e creftemen 'arid tirdred 9:c:ten. This "-es, women from employment. Continued reliance by contractors on esteblished hiring practices may reasonably be ex- pected to result. In a continuation of almost total female exclusion. Indeed. the female representation level In the construction industry is so low that the data packages prepared by the Durcau of the Census pursuant to con- tract with OFCCP are Of little or no value as a source for computing goals for women on a Standard Metropoli- tan Statistical Area (SSA) or local bests. To implement the affirmative action requirement of Executive Order • cre•ec or other relevant data •• - The reg.-alations ai;o recuirr that pods and ti ctnbh be published 112 • " the REcts:La in a notice of Ptn:r-n.) information to the public but not for poblic comment. How.even last. Auroast when -the Department of Labor troposed a new Part 60-4 Id 41 • •CFR Chepter CO, a notice proposing to •• • establish . goals and timetables for werorn in the construction industry. 'was published for public comment be- • • civese the CFCCP preciously had not' rccuired goals lor women in the con- • ctraction industry under the Eeocu- the Order program. and bernuee of the general interest in thee subject (42 . FR 413e3). The commentn have been • revO•cied and analyzed. - • This notice is issued pursuant to 41 . CFR 60-4.6 and establethes gcais end timetables for women and reinoritie_s • under Executive Order 112-16. as amended (3 CFR Part 169 (1974)), in the construction industrs'. The goals for female utilization are expressed in terms of hours of training and employ- ment as a proportion of the total number of hours to be worked by the contractor's aggregate work force, which Includes all supervisory person. nel. In each trade on all projects (both Federal and non -Federal).. • , GOALS FOR FEMALE UTILIZATION • • pa,sidrition 1,, the eenortesea hquivr7 rsteloping affirtnetive aetion goels for. -titruetlott etecupeticne ere closely 1. Goole eemoeerit re mai. area min. iefey, • end a number of approaches for deo construction Indust*. 'Thee tioneon- - . • , :..• women. Methods, including the fernele' .ed • to construction :craft- work, rind • eeree, • Reguiationt CO 'CFR .6Deel.6) pub- - workforce. different proportlons of; demonstrate ft coinparatively hLbct eeeeer, . Itshed by the Department of Labor in • the female workforce, and female rep- female participation rate which also ••:-11""-••.r • the FEDERAL REGISTER today require ' resentatIon In apprenticeship positions, demonstrates A veWingne-s on the part ea•••e.'",'••••-•;5•." ;:•,', the Director of the Office of Federal _were examlneeL ..* • • re. • .8 • •.• 4-• of women to _undertake the types tifee:,:ei.i0oe ' ContractCompliance . Programs • Thought aLso bed been given to es-- work which Include the occupation ofo. 1P7t; (OFCCP) to issue Beals and timetables . tablishing a pilot procram for the pur- construction craftsmen.' r• :••. ts • •P' %; • "„1 • for minority and female utilization for - pose of developing a data base on ; It is reasonable -to eXpect therefore 4.: Federal and federally assisted con- Which female goals could be devele • that within a two•yeae period the con-. • • •••;•; struction contrartors and subcontrar• oped. Each of thee methods, however,•• struction industry, by undertaking tors. The regulations require that the suffer; from certain deficiencies such • firmative attion. cotId atteeve a 5 per- • •• 4-'• %. • - goels be based on svorkforce. de:nog-ra• as a tendency toward initial goals . cent fere.ale pertizer.aticn coal.' This ••• • • ••••• either so high or so low that the result same effort would:raise the goal to 6.9 i••••••..... wrule. be racarunetees- . This Notice • percent in the third year. The states- .• . • consierirs the relevann character:sties tic z -ohieh those. eeetee ere besed are - of the constroctien industry rz they • motional in ncepe. Surett reatistics are relate. to deseicpime peals rend tirneta• not new:able on en 3.!•Ti.e. or countY - • t hies lor women ere! the need to eztab• '.tteis. Moreover, the lemele ponuleticrn lesn effective Implementation of the is c:letrituted evenle throeghout the . Entire Order. • • • • : • •country.„ •••'..•'. • -• • - " " •' The rozls for women in construction • - • The .female goal is nation-wide. aP--- .`• •• are established for a period of three. _plies to all construction contractors Yeats. The gores arc 3.1 percent. 5 per- -end subcontractors who bold a Feder- , • cent, end 6.9 percent for the first.: al or fecier--ily assisted construction second. and third year: r6epectively. :contract cr subcontract In excess of. . • These goals arc developed ueing two -1'40,000, and the goal applies to such sets of statistics. First. according to .contra.ctor's • entire -.woreforce. Also. • • the 1970 cenzus. ("Table 229 Selected under the regulation governing con• e • .t.' Occupations by Major Indiritry of the struction contractors under Executive •„. ;"1 Eeperienced Cieilien Labor Force," Order 11215 published today • in -.the . e• Detailed Charasterletics United States F`mrstat, REGISrUt. Hometo-en Plans •• Summary, VS.FC(1)D1. U.S. Centus- arc required to' submit goals • for • • ' 1570), the female workforce currently seamen to the Director for epproval. • ' e. • cleceilled es creftereen and Itincired No goats lower than those, established • workers in the construction industry is herein will be approved. If the Horne-. • 1.2 eurcent, ry e;.:trapolatizig from town Pens do not submit Iter.ale elite Ce.us data (using the categolies of 'native action goals within the speci-• r.- craftsmen and kindred workers and lied period and receive approval. the. operatives in the construction Indus- • Department's approval of the plan will ' • • • try). the female participation rate is be withdrawn automatically and the • ; • • remarkably eimilar-1.3 percent. The goals established herein shall be aPeilio; - catc2ore, operatives, includes workers cable in those Hometown areas. o • . • who frequently are considered con- - These initial goals are intended to struction craftsmen (ex. drywall In- provide immediate equal employment . . • ateliers and lathers, asbestos and insu; opportunity for women in the -con- .; . • - latlon workers. and we)ders). In addl. structlon industry. • • " • In order to develop goals and thineta- ••••• • tees for women in construction on a • •• more permanent basis, a working corn-eei mittee will be established to make rec...., . : ornmendations to the -Director. • .. OFCCP. on the total involvement of J- .1• • women In the construction industry. ;•••• • • •• The exact structure and composition • -• • of the committee has not been deter-- •••.• • ' mined. • • . Lion. according to the 1970 Census A review of statistics relating to ("Table 224 Occupations of Experf• women in the construction industry enced CivjUan Labor Force by Race shows an almost total exclusion of and Sex, and Weeks Worked in 1969 rind Experienced Workers not. In Labor Force by Sex," Detailed Characteris- tics United States Sturznary. Vol. PC(1)DL. U.S. Census. 1970), women constitute 5 percent of all craft and kindred workers. This occupation group includes apparel craftsmen and upholsterers. bakers. cabInctrnaken4. construction craftsmen. foremen, line- men and servicemen -telephone and power, locomotive engineers and fire- men. mechanics and repairmen. metal eratt.smen (except mechanics). Annie trig craft:mien. stationary engineers and power station operators, and other FEDERAL REGISTER. VOL 47, • SA, .• %.• Contractors are ndvtZed. 'boweveie. - „ that where higher state. local or other o• •-. lurtsdictional goals for womenare in effect. compliance with tbe goals. and timetables proposed herein wou- ld not, ••• • relieve the contractor of its obligation • to comply with the higher local goaL Sinallasly, this Notice does not affect or limit in any way the application of NO. EX-FRIDAY, APRIL 7, 1971 L-32 . • • • ..; • c I :"• • ;)•• ••., -r-t • . • •_•. . ; s •". k 6. • • • 1- r 1 i900 frit requirements providing for the 11- . ployment of local residents such as • those contained in the Community De- velopment Block Grant and the Public Work Employment Act grant pro- gratna. O0AuS FOR MINORITIES The preamble to regulations estab- lishing a new part 60-4 to 41 CrR chapter 60 published elsewhere in the F`s'DE3tA1. REetsreat today, states that OFCCP contemplates proposing star- dards and goals for minorities within the very near future. Until that notice has been proposed and final action taken, construction contractors and subcontractors will continue to be sub- ject to the goals and timetables for mi- nority ntlli?ation on Federal and fed- erally as fisted construction existing now under Executive order 11246. Such goals are published in appendix B. Now, therefore. based on.the forego- ing and 41 CFR part 60-4, each con- tracting agency, each applicant, and each contractor shall include the ap- propriate goal set forth in appendix A and appendix B in all invitations for bids or other solicitations for federally involved construction contracts in excess of $10,000. The goals in appen- dix A hereby are established on a na- tionwide basis as the standards for female utilization for a1 trades.' Appendix B established the goals for minority utilization which shall be ap- plicable for the respective areas set forth in appendix B. • • • - Appendix A and Appendix 73 shall be effective with respect to transactions for which the invitations for bids or other solicitations or amendments thereto are sent on or after May" 8, 1978. • •WFtnoN J. Rona -Ear, ' •- Director, OFCCP. - Manna 28, 1978. • ' Ar pErolx A '.• - . The following goals and tiniet.sbles for female utilization shall be included in all Federal and federally assisted cunstruct.'on contracts and subcontracts in excess of 510.000. The goals are applicable to the con- tractor's aRgrovate on -site construction workforce whether or not part of that work- 'force . is performing work on a Federal or federally a: listed construction contract or subcontract ARTA cos•=_sED • Goals for Women apply nationwide. GOALS AND TLW?.BLIS ., - ... 7Ynutabie -. Goal, • - (percent) From Apr. 1, 1978 tmttl Mar. 31. 1979 ..__ 3.1 Prom Apr. 1, 1919 until Mar. 31. 1980 .__ 5.1 From Apr. 1, 1980 until Mar. 31. 1981 -_.. .8.9 • , • . A.PI•E(DLx B • Until further notice. the following goals and timetables for minority utilization shall be included in all Federal or federallyassist- NOTICES ed construction contracts and subcontrac in excess of 510.000 to be performed in the respective covered areas. The goals are ap- plicable to the contractor's aggregate on -site construction workforce whether or not part of that workforce is performing work on a Federal or federaily•assisted construction contract or subcontract. REGION t • eosTON. MASS. ?AEA Area covered -Arlington. Boston. Bei- tnont, Brookline, Burlington, Cambridge, Canton. Chelsea. Dedhatn, Everett, Malden, Medford, Wakefield. Westwood, Winthrop, Winchester, Woburn, and the Islands of Boston Harbor, Mass. Goats arm TrMrrAatrs Timetable Gold :lade • (percent) bntll further nutlet. Asbestos worker.. 10.8 to 10.12. Boilermakers -- 9.6 to 12.0. Bricklayers.-- 8.0 to 10.0. Ca-pentMrs _.__ 11.6 to 14.5. Garner.( masons-- 3.5.5 to 37.5. F3ectnctani._..___ 6.0 to 7.0. Elevator 9.5 to 11.4. constructors Glarstr•s_.--- 8.8 to 11.0. Ironworkers _.._.. 5.9 to 6.9. Lathers 69to8.9. • Operetta; 14.1 to 15.0. ' enxineers. Painters....___._., 9.1 to 11.1. P)pefttters.,.,- 11.0 to 12.1. Plasterers.___.r' 20.5 to 22.5. Pluamberi_-__._., 9.8 to 11.8. Roofers.._..._._._ 8.4 to 10.5. Sheetrnetal 10.1 to 12.1. workers. Sprinkler otters._ 12.3 to 15.6, All other trades._. 10.3 to 12.3 1Region refers to the 10 regions in which the U.S. Department of Libor has offices. These Regions are headquartered to Boston. New York. Philadelphia. Atlanta, Chicago. Dallas, Kansas City, Denver. San Francisco, and Seattle. which are numbers I through X respectively. STATE OP RHODE ISLAND AREA Area Covered -Statewide GOALS AND TIBLETAatEs Timetable . - (percent) Until further ' ' . All. notice. _ 5.0. REGION II BLUFFALO, N.Y. AREA Area Covered-Erle County and Buffalo, N.Y. - - • GOALS AND TLMILTABLES • 60a1 Timetable Trade ..:,..(percent) Until further . All" 10 6 to 13.2. notroe. • • • FEDERAL REGISTER, VOL 43, NO. 68--FRIDAY, APRIL 7, L-33 • CASfoti. N..s. r ts±& Area Covered Camden. N.J.. Area of Camden, Salem. and Gloucester Counties. GOALS AND T1aft' AIILL8 'timetable 'trade Goal tpercer t) tlntll further botle8. Asbestos workers- 11.11 to 105. Boilermaker" ....... 10.8 to 13.5. Srickla9en 11.8 to 20.0. Carpenter"......,. 11.2to 13.0. Cement mesons... fib to 15.0. Electrician!..._..... 14.9 to 17.8. );ieritor 10.8 to 13S. mntructcrs. 18.0 to 20.0. Lathers .._ .... 10.8 to 13.5. Operittnt 10.0 to 12.5. Ent'meri • Painters/ 8.8 to 12.8. Decorators/ Pape:hangert. Plasterers..__.... 17.0 to 19.0. Plumbers/ 8.4 to 10.5. Pipelitten/ Stearniitters. Roolrra.___..__-_ 8.4 to 10.5. Sbeetmetel 11.2 to 14.0. 'Workers. . • Sprinkler Patters- 10.8 to 13.5. Structural htetal 129 to 15.3. Workers Wharf 7Dock ' - 10.8to13.5. Builders n-S:1MA. H.T. AREA Area Covered: Cheraung, Steuben. Schuy- ler, Tioga, and Yates Counties, N.Y, GOALS AHD Tls.srAntss ' Goal Timetable Trade (percent) Until further 4.0 to 5.0. notice. ' LONG ISLAND. N.Y. AREA '' - - Area. Covered: Nassau and Suffolk Coun- ties, N.Y. • GOALS A.YD ThitcrAeLes ' - Timetable Goa) (percent) Until further All --8.0 8.0 to 8.0. notice. • WESTC3IESTER. H.Y. AREA Arca covered -Westchester County, N.Y. GOALS AND T12.ItTABLIS Timetable de " Goal - (percent) Eintu further AL .____ _, _- 11 to 13. notice. REGION III • STATE OF DELAWARE AREA Area covered -State of Ddlaware. 1978 • IIMII RIPWRI I PI NIF IiA?IIFIFI! t ei442.3 Aft$ q'i14trTAfitEg TImet►b)e Ttiade s QbU (percent) ail further lobe(, w PHILtnELPIRA, PA., AREA Area covered -Bucks. Chester, Delaware, ontgomery, And Philadelphia Counties, 4. GOALS AND TtttETABLEs Timetable Trade nttl further Irottaorker•8.,._„ 22 to 28. notice. Plumbers end 20 tb 24. 01pe11tter8. Stenrnllttcn ..: 20 to 24. Shcetmet&l 19 to 23. workers. Electrical workers 19 to 23 Elevator 19 to 23. ' • construction workers. Goal (percent) PI TSBURGH, PA., AREA Area covered -Allegheny County, Pa. .4 GOALS AND TIMETABLES •' Tlmetable Trade Goal (percent) 7ntU further Asbestos anrkers. 24.3 to 21.8. notice, Boilermakers ...,•.. 33.8 to 37.7. Bricklayers 11.9 to 13.0. Carpenters ._ 11.8 to 12.9. Cement masons.... 18.3 to 18.1. Electricians.,.,_•.... 17 0 to 20.3, Glaziers ........ .26.9 to 30.4. Ironworkers .,•.. 25.5 to 28.9. Lathers ......... 12.7 to 13.8. Operetta( 44.2 to 48.3. engineers. Painters 18.4 to 17.9. Plasterers 34.3 to 38.0. Plumbers 7.8 to 9.2. Roofers 47.1 to 50.1. Sheetmetal 28.0 to 26.9. workers. Steamlltter 10.1 to 12.9. Tile setters 13.0 to M.O. All other 27.6 to 31.5. WASHINGTON, D.C. AREA Area Covered. -District of Columbia: the irRlnia cities of Alexandria, Fairfax. and Falls Church; the Virginia counties of Ar• lingt.on. Fairfax, t.oudoun, and Prince Wit. Ilam: and the Maryland counties of Mont. gomery and Prince Georges. GOALS AND TIMETABLES Timetables Trade Onni (percent) Until further notice. Electricians 28.0 to 34 0. Painters and 35.0 to 42.0. paperneneer, Plumbers, 25.0 to 30.0. Dloctrtters add atrnmllttera. Iron workers 35.0 to 43.0 Until further Sheetmetal 25.0 to 31.0, notice, woraera. Elevator 34.0 to 40.0. t:onstructor. Asbestos workers„ 28.0 to 32.0. Lathers .•., 34.0 to 40.0, NBtICE3 • ODAtii die Cotitlnued Timetable)) Tr))de tp Gld rre nt) tiollennrker4,.,,•.. 24.0 to 30.0. •it• Ttle and terrazzo 28.0to34.0, worker)). 28.0 to 34.0. Rtato» IV • ATLANTA, GEORGIA ARIA Area Covered -Atlanta, Oa., Standard Metropolitan Statistical Area which In- cludes P'ulton• DeKalb, Cobb, Clayton and Gwinnett Counties GOALS AND TtMFTABLL9 Timetable Trade '• Until further notice, AebeHca worker(•• 8 Bricklayers 10.3 to 18.2. Carpenter 11.0 to 12.4. Electricians •••.....,_ 109 to 12.2. Olazltr,._._,•.•_•., 10.2 to 12.2. Ironworkers ..... 14.0 to 16.a Metal Lathers 10.0 to 12.0.� Painters 10 3 to 12.0. Plumbers •_.,,,..„ 9.4 to 10.9. ' Pip entters_.,....•... 9 4 to 10.9. Plasters _,._•_-• 24.4 to 25.8. Rooters._ 18.0 to 20.0. Sheetmetal 9 to 11.3. Sprinkler fitters- 8:3 to 9.9. Operating 24.0 to 27,7. engineers. Elevator 9.6 to 11.6. installers. r Ltiettirtf, tt'. it. AktA ,?,. Area Mi tiered -Adair, Barren, bul1lti, Carrel, lydrnundson, Ctraysori • Green; 1latdln. dart, Herd?, Jettereot4 f.i►t'ilea, Meade, nelson, Oldham. Shelby, Spence))', Taylor. Trimble, Warren. W*ahington Cot httes, ltentucky; end Clark, Floyd. and t{arttaou Countlee, Ind. GOALS AND TIMETABLES , ••. Gov • Tfinetable Trade (percent) Until further All............ . 12.0 to notice. a MIAMI, TI.A.. AREA Area covered -Dade County, Fla. GOALS AND TIMETABLES Timetable ' Trade 0oe1 ))percent) Ooal (percent) Bto10.3.� 811(MINGIiAM, ALA. AREA Area covered -Jefferson, . Shelby, and Walker Counties, Ala. • GOALS AND TIMETABLES Opal Timetable Trade (percent) Until further Alt 20 to 24, nonce. CHARLOTTE, N.C. AREA Area covered -Mecklenburg and Union Counties, N.C. • GOALS AND TIMETABLES Goal Timetable Trade (percent) Until further Alt 24 to 30. notice. JACKSONVII.LE, ?ILA. AREA Area covered-Dittat County, Fla. COALS AND TIMETABLES Timetable Opal Trade • (percent) Until further ••-•,„ 20 to 23. notice. Until further • notice. 20.0 to 40.0. ' .. NASHVILLE. TENTS., AREA ^^; . ,%Jg ii Area covered -City of Nashville, Tenn. ••,`. e K GOALS AND TTMETABISS 1• • v ..�.:�� .,. ,�ii.-•11 doll t;' •_ ts,'; . 'r (percent) , , ; s' •� •ti: Timetable Trade Until further Ali.,.. _.•.._„.......„. 18.0 to 20.0. notice. Rector( V ARBON, OHIO, AREA - • Area covered -Summit, Portage . and Medina Counties, Ohio. GOALS AND TIMLTABLES Timetable Opal Trade (percent) . Until further All„ ...... „,.„...... „.... 10.0to 12.5. notice. CANTON. OHIO, AREA Area covered -Carroll, Holmes, Stark, Tus- caraa'as, and Wayne Counties. Ohio. GOALS AND TIMETABLES Timetable Goat Trade (percent) Until further All .•. 2.0 to 8.4. notice, CHICAGO, ILL AREA Area covered -Cook, DuPage, Kane, Lake, McHenry, and Will Counties. FEDERAL REGISTER, VOL. 43, NO, 61-ERIDAY, APRIL 7, 1t7li t f ''ti f t,,, FOLLOW', L-34, • • I i • • r •; »MI?ORTANT . CITY OF MIAMI, FLORIDA Department % Malla i0411 °5 ADDENDUM NO.Ratp.3 , ISSUED City May 26 City Miami,!. y TO BIDDING AND CONTRACT DOCUMENTS FOR ADMINISTRATION BUILDING (2ND BIDDING) JOB NO. B-3185-D * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ALL BIDDERS ARE HEREBY NOTIFIED AS FOLLOWS: CHANGE 1 of 2: REVISED PROPOSAL PAGE 2i CHANGE 2 of 2: Attached are three copies of Revised Proposal Page 2i. Please insert a copy in the bound Specifications and two copies are for the Bidders envelope. (One copy to be submitted with Bid and the other for your files.) SPECIFICATIONS - SECTION 01100 - ALTERNATES PAGE 01100-2 Add to page 01100-2 the following para- graph: 2.12 ALTERNATE 12:. Substitute black steel for all precast connections. Field paint with Galvicnn or annrov.ed enualall exposed surfaces after erection of precast and cleaning of welds. THIS ADDENDUM IS AN ESSENTIAL PART OF THE CONTRACT DOCUMENTS AND SHALL BE MADE A PART THEREOF. • 1 c. Clifton C. ff s, Assistant Director ffr MEI ALTERNATE 1 TEN FOOT EAST BAY REDUctioN DOLLARS AND cENts 8. ALTERNATE 8 - 25 FT. EAST BAY REDUCTION DOLLARS AND CENTS 9. ALTERNATE 9 - TOILETS WALL TILE DOLLARS AND PROP( 5AL PAdt 2i ALTERNATE ALTERNATE 8 CENTS $ ALTERNATE 9 10. ALTERNATE 10 - DEMOUNTABLE TENANT WORK PARTITIONS (BASED ON 6,600 L.F.) DOLLARS AND CENTS 1 I. ALTERNATE 1 1 - TENANT WORK VINYL CLAD DOORS. NON -HANDED REVERSIBLE FRAMES AND FINISH HARDWARE (BASED ON 200 UNITS) DOLLARS AND CENTS 12. ALTERNATE 12 - Substitute Black Steel °or all precast connections. field paint with Galvicon or approved equal all exposed surfaces after erection of precast and cleaning of welds. Dollars and 1 Cents $ NOTE: Lineal footage in Alternate 10 includes door openings. ALTERNATE 10 ALTERNATE 11 ALTERNATE 12 STATE OF FIORIDA cXXJNN OF DADE CITY OF MIAMI RALPH G. ONGit City Clerk RIM MATTY HIRM lam. Assistant City Clerk bEPUtY CITY CLERKS Sylvia M. Mendosa Robert Norris Wilhelmina B. Porter Robert E. tingle) STAFF Georgia M. Little MICROFILM DIVISION Maria Isabel Fernandez Evelio Rizo I, RALPH G. CNGIE, City Clerk of the City of Miami, Florida, do hereby certify that Bids in connection with: Project: "Administration Building" - 2nd Bidding. Bid No.: 77-78-86. Job No.: B-3185-D. were received and properly held in a locked safe until the prescribed date and time of opening, namely, on May 30, 1978 at 2:00 P.M. A Bid Security List was prepared containing names, addresses and specific bids in connection therewith. Such Bid Security List is on file in the Office of the City Clerk. WITNESS MY HAND and the Official Seal of the City of Miami. SIGNED this 28th day of June, 1978. ( SEAL ) RALPH G. ONGIE City Clerk "SUPR'.RT1VE FOLLOW", OFFICE OF THE CITY CLERK/City Hail/3500 Pan American Drive/Miami, Florida 33133/579-6065 =MM. MAIM mar ma MIE EWE W2 MEW =MEM NIMM MEW Nrin MEM MEC iparartmo•TI.need L Insured as Per City Code S Metro Ord. Bid Bond Amount Irr•puloriti•s DESCRIPTION T f,/ Sid 111 ie TABULATION OF BIDS FOR AOMlMISTRATION L3UILDING (2d OIDDING) City Manager, City Clerk Mai Received by th..i'_ City of Miami, Florida at ?:OU P M yes S % 6 - .47 TOTAL on o30 /928 *t. 4. /rom✓ 60.571, loot 2 X . ,✓ zed so //A,e,Pij.vawr cl. yes '70 .szt* TOTAL 4'ps' coo, =g TOTAL . //8 /B:S, - .4/f xi/0 ,,�� TeineuA// t4k j vA•S IY &w PAR1»4ods (Add) slg (,add) #/os; o2 (2)e00 * 9 ODo �.- IRREGULARITIES LEGEND A — No Power -of- Attorney B -No Aff,dovit os to Capitol Q. Surplus of Bonding Company C — Corrected Extensions — Proposal Unsigned or improperly Signed or No Corporate Seal E — F — G — Improper Bid Bond N — Corrected Bid 1— J— Preo. By: e i'iH R(15 Form PW #308A 1/77 ovreenrOM IT IS RECOMM NDED THAT 4 Cox/7'ew-7i de /4w,,,eDe"" +0 shh l/ 4'M,llek, .s,L/c. Qv,)tQt. 43 ofYO 63/. LO -�o,e -Me T 71A/ Bid wi 4 fhe s 71/P 1,9 7L f i f 4/ '/& is ex - ceiecr.sea4y /!K, ('d'� 7 /ei cos?' IY///,6e .-TAW: 7/9eit' 7ieoM 71 % e '1"/1Q t//»nA4S �� -' /A f �2i'�" /ice✓l�'�~ L/' Administration Building OTEm it BID sifecaRrry DATE BIDS RECEIVED April 26, 1978 Public Works BIDDER TYPE OF SECURITY AMOUNT FOR ACCOUNTING USE Shafer & Miller Inc. $3,360,935.00 6855 SW 81st St BB 5'7 Mia i,Florida $3,376,000.00 Eduard L. Ne7,elek , Inc. 6061 N.E. 14th Ave. BB 5% Pt. Lauderdale, Florida 333Q8 M.R. Harrison Construction Cop $3,443.348,00 1000 N.W. 54 St. BB 5%, Miami, Florida 33127 L. Milton Construction Corp $3,450,000.00 2700 SW 23 Terrace BB 50 Mlami,Florida Avant Construction Co Inc. $3,500,000.00 360 N.W. 27th Ave. BB 5% Miami,Florida 33135 Renel Construction Inc. Bayview Building $3,535,312.00 BB 5% 1040 Bayview Dr. Ft. Lauderdale, Florida Received the above described checks this dDY 19--- FOR ACCOUNTING DIYIION L Pblic. ',1or .K75 DEPTIDIV • CITY OF MIAMI, FLORIDA REQUISITION FOR QUANtI1f kW," ADVERTISEMENT FOR BIDS ktaliIIIEMENtS T.7.1,1.); ACCOUNT CODE < BID NO C:11 PREPARED BY DATE PHONE • DATE DATE DATE DATE DATE DATE AMOUNT AMOUNT AMOUNT AMOUNT AMOUNT AMOUNT CODE ITEM DESCRIPTION QUANTITY pURI'l IJE AMT. BIDS TO BE SECURED FOR TT:',"' ' - FOR THE DEPARTMENT OF: ADVERTISE 'ON BIDS TO BE RECEIVED ON a TOTAL --, ESTIMATED COST : CONTRACTUL• INCIDENTAL: • APPROVED BY MIER DIRECTOR OF ISSUING DEPARTMENT TOTAL ' ,f: OURCE OF FUNDS: iu filled in by E PENDITURE CONTROL: FUNDS AVAILABLE FOR PROJECT INVOLVED F-kOJECT CODE AD CODE EXPENDITURE CONTROLLER (.01)1FS To : Purchasing (Org.) — City Manager — City Clerk —Expenditure Control — Issuing Department — Other Affected Department GOLDENROD WHITE BLUE f NO IC47 REV 74 GREEN , PINK CANARY MEW - BID N0. 7778 65 ADVERTISEMENT FOR BIDS Sealed 'olds for SLAT) LU STRATI011 BUILDING" will be received by the City Manager and the City Clerk of The City of Miami, Florida not later than2:00 p.m, on the 26th day of April, 1978.E in the City Clerk's office, first floor of the Miami City Hall, 3500 Pan American Drive, Dinner ie,y, Miami, Florida 33133, at which time and place they will be publicly opened and read. The project consists of an Administration Building; superstructure, exclusive of tenant partitions and related work, landscaping and site work. Building is a 5-story "L" shaped precast concrete and concrete facility of approximately 72,000 gross square feet, on the east side of N. W. 3 Avenue between N. W. 2 and 3 Streets. As time is of the essence, the Contractor must show the ability to begin the work with on -site labor on or prior to Nay 22, 1978 and work within the time schedule as indicated in the Specifica- tions. The Bidder is alerted, as basis of awarding: a Contract that he must agree to expend at least 15% of the Contract "or.Minority Business Enterprises. All bids shall be submitted in accordance with the Instructions to Bidders and Specifications. Plans and Specifications may be obtained from the Office of the Director, Department of Public Works, 3332 Pan American Drive, Miami, Florida. General Contractors may secure plans and specifications for a deposit o" $100.00 per set. The deposit will be returned to only those contractors who submit a bona fide bid, and who return the plans and specifications in good condition and unmarked within 10 days after bids have been received. Other Contractors may secure that portion of the Plans in which they are involved at a cost of $1.00 per sheet. This cost is not refundable. 7 All questions regarding* bidding procedures shall be directed to Pancoast Borrelli Albaisa Architects, p.A., (305) 442-1193. Proposal includes the time of performance, and Specifications contain provisions for liqui'lated damages for failure to complete the work on time. In addition to these measures, contractors and subcontractors will be required to comply with the provisions of Section 3 (Federal Regulations) which require all developers, contractors and sub- contractors to create feasible opportunities to employ and train residents in the area of the project, and give preference in sub- contracting and purchasing of materials to business located in or owned in substantial part by persons residing in the area of the project. NININMINIMME111111111o11i1111 NEM 91M- fl No Bidder may withdraw his bid within 30 days after actual -date of the opening thereof s unless modified in Division lA 0eneral Requirements (Special Provisions) of the Specifications. The project is to be funded by a Federal Economic Development Grant. The City Commission reserves the right to waive any informality in any Bids and the City Manager may reject any or all Bids) and readvertise. Joseph R. Crassie City Manager MIR 30 CITY OF MIAMI. FLORIDA IN1 ER°otl=tct MEMoRANbUM TO: FROM: Joseph R. Grassie City Manager C1. William E. Parkes Director Department of Public Works twit: May 31, 1978 klt€: B3i85-D 9UfJECt: ADMINISTRATION BUILDING (2ND BIDDING) REFERENCES: ENCLOSURES: Bids were received May 30, 1978 to construct an Administra- tive Office Building; superstructure, including tenant partitions and related work, landscaping and site work. The building is a 5-story "L" shaped precast concrete and concrete facility of approximately 72,000 gross square feet, on the east side of N. W. 3 Avenue between M. W. 2 and 3 Streets. As reflected in the Tabulation of Bids, the bid of Shafer & Miller, Inc. in the amount of $3,040,631.60 for the ADMINISTRATION BUILDING (2ND BIDDING), namely Total Bid of Proposal, is the lowest respnsible bid. THE DEPARTMENT OF PUBLIC WORKS, IN CONCURRENCE WITH THE ARCHITECTS, PANCOAST BORRELLI ALBAISA, P.A., AND JAMES J. CONNOLLY, CITY COORDINATOR, RECOMMEND ADOPTION OF THE RESOLUTION AWARDING THE BID RECEIVED MAv 30, 1978 OF SHAFER & MILLER, INC. IN THE PROPOSED AMOUNT OF $3,040,631.60 WITH THE STIPULATION THAT IF ALTERNATE NO. 10 IS EXERCISED BY THE CITY, THE COST WILL BE TAKEN FROM THE "PROVISIONS FOR SPECIAL ITEMS"; AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT IN BEHALF OF THE CITY OF MIAMI FOR THE ADMINISTRATION BUILDING (2ND BIDDING). JAH:hc 7 3- 3S5 Mr- MM MW Nye