Thursday, April 24, 2014
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Federal Projects

Federal Projects




MINORITY (MBE) / WOMEN BUSINESS ENTERPRISE (WBE) GOAL: The City of Fort Wayne has established a 10% goal of the contract dollar amount on all Federal, or Federally assisted construction projects to minority and women business firms. 


WAIVER /REDUCTION FORM:  If  the prime contractor is unable to meet the goal, he  or she must request a Waiver Reduction Form from the Compliance Office, document the efforts taken, or other rational for not complying with the order, and return the form prior to request for final payment.  If the explanations are unacceptable, a recommendation will  be made to the owner that the contract dollar amount be reduced by the undistributed 10% retainage.


UNDERPAYMENT OF WAGES:  In the event of failure of the prime contractor, subcontractor, or lower-tier subcontractor  to comply with the appropriate employee wage rate, action will be taken to satisfy the wage discrepancy.  This Includes, but is not limited to the withdrawal of the dollar amount "due" from the prime contractor progress payment, and/or, withholding  final retainage payment.


FEDERAL LABOR STANDARDS PROVISIONS :  The worked performed on this contract is subject to the provisions of the Davis Bacon Act, Title 29 of the code of federal regulation, Parts 5.5 1a Copeland Act, CFR Part 3, Construction and health standards promulgated by the Secretary of Labor. The prime contractor agrees that he/she will comply with these and other provisions outlined in the Federal Labor Standards Provisions, and will ensure that subcontractors and lower-tier subcontractors are knowledgeable and receive a copy of the document.


U.S. DEPARTMENT OF LABOR WAGE POSTER / DETERMINATION: The notice to employees wage poster and wage determination, shall be posted in a conspicuous location on the job site, and all employees informed of the contents. 


COMPLIANCE FORMS:   The City's contract is with the prime contractor, therefore, the prime contractor is responsible for the compliance of all suppliers, subcontractors, and lower-tier subcontractors.  It is also the responsibility of  the prime contractor to ensure inclusion of applicable labor standard provisions, wage determinations and compliance forms to the various firms.  All documentation will be sent to the prime contractor, who should carefully review payrolls and compliance information (including their own) before submitting the information to our office.  If the prime contractor, supplier, subcontractor, or lower-tier subcontractor, fails to provide or office with the reporting documents, or other requested information, any penalties or sanctions will apply to the prime contractor.


In accordance with applicable Federal, State & Local regulations, please be advised of the following required forms:


WAGE SCALE REPORT:  The prime contractor, subcontractors, and lower-tier subcontractors submit “Prior to start of construction”  and shall ensure all crafts are listed. If a craft is not present, the prime contractor must contact our office immediately with supporting data.  Sub-classifications must be specific (i.e., whenever laborers are paid different wage rates for "finish" than "rough" work, it must be separated and recorded on the wage scale report and payroll form .)


SUBCONTRACTOR ELIGIBILITY FORM:  Subcontractors, lower tier subcontractors, and suppliers submit "prior to start of construction."   The prime contractor shall not contract with a subcontractor, lower-tier subcontractor, or supplier who has been suspended or debarred by the State, or the City of Fort Wayne.


CERTIFIED PAYROLLS:  Prime, subcontractors, and lower-tier subcontractors must submit certified weekly payrolls no later than seven (7) work days upon completion of the work week on “this project only”.  All payrolls and other pertinent project information must be preserved for three (3) years from the date of the final closing.


*The WH 347 is the acceptable payroll form.  The WH 348 and “Statement of Compliance “ should be attached to computer print-outs;


*The initial  payroll (#1) should include each employee's Social Security number, address, city, state and zip code;


*Payrolls must be manually signed ( no stamps) and dated.


MONTHLY EMPLOYMENT REPORT:  Prime contractor, subcontractors and lower-tier subcontractors submit on a monthly basis for " this project only."  the form references employee work hours by trade, based on race and sex for each month there was activity.


H.U.D SECTION #3 and 1421 REPORT: Prime contractor must submit this form prior to start of construction.  Subcontractors must submit H.U.D form # 1422 prior to start of project.


AUTHORIZED SIGNATURES: Prime contractor, subcontractors and lower-tier subcontractors must submit statement listing name of person(s) authorized to sign certified payrolls prior to start of project.


MANPOWER UTILIZATION SUMMARY:  Prime contractor submits project-end report within ten (10) days "after" completion of project.


AFFIRMATIVE ACTION PROGRAM:  All contractors who perform work on City construction projects are required to have an active/annual Affirmative Action Plan and Certificate of Non-Segregated  Facilities Form on file with the Compliance Office.


EMPLOYEE INTERVIEWS: Employee interviews will be conducted on the job site by compliance staff.


APPRENTICE EMPLOYMENT: The contractor is required to furnish the apprentices wage rate and evidence of the bona fide program on their "first" payroll. Approved programs include those registered with the U.S. Department of Labor, Employment & Training, Bureau of Apprenticeship and Training, or with an approved State agency.


 Important Reporting Forms/Instructions

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