0190-0519_Fraser Seniors RTU_Specs_Bid Issue_250227.pdf

SPECIFICATIONS AND CONTRACT DOCUMENTS

FOR:

CITY OF FRASER

FRASER SENIOR ACTIVITIES HVAC

AEW PROJECT NO. 0190-0519

OWNER:

CITY OF FRASER

33000 GARFIELD RD

FRASER, MICHIGAN 48026

586.726.1234 www.aewinc.com

ISSUED FOR BIDS:

FEBRUARY 27, 2025

i

DOCUMENT 00 01 00

TABLE OF CONTENTS

Number Section Name

Division 00 00 00 – Procurement and Contracting Requirements

00 01 00 Table of Contents

00 20 00 Request for Proposals

00 21 13 Instructions to Bidders

00 30 00 General Project Information

A. Federal Labor Standards Provisions

B. Debarment/Suspension Certification

C. Wage Payroll Form

D. Project Wage Sheet

E. Notice of Contract Award

F. Macomb Wage Rates

G. Employee Interview

H. Women Minority Business Enterprise List

00 40 10 Familial Disclosure Statement

00 40 20 Affidavit of Compliance-Iran Economic Sanctions Act

00 40 30 Non-Discrimination In Employment

00 40 50 Contractor Notification Form

00 40 60 Contractors Certification of Asbestos Free Product

00 40 70 Non Collusive Affidavit

00 41 00 Proposal Form

00 72 00 General Conditions

00 81 00 Modification to the General Conditions

00 85 10 Index of Drawings

Division 01 00 00 – General Requirements

01 10 00 Summary

01 20 00 Price and Payment Procedures

01 25 00 Substitution Procedures

01 25 01 Substitution Request Form During Bidding

01 25 02 Substitution Request Form After Award

01 30 00 Administrative Requirements

01 32 16 Construction Progress Schedule

01 33 00 Submittal Procedures

01 40 00 Quality Requirements

01 50 00 Temporary Facilities and Controls

01 60 00 Product Requirements

01 70 00 Execution and Closeout Requirements

Number Section Name ii

Division 02 00 00 – Existing Conditions

02 41 19 Selective Building Demolition

Division 20 00 00 –Mechanical General Requirements

20 05 00 Mechanical General Requirements

20 05 10 Basic Mechanical Materials and Methods

20 05 13 Motors

20 05 29 Hangers and Supports

20 05 53 Mechanical Identification

Division 22 00 00 - Plumbing

22 13 16 Sanitary Waste and Vent Piping

Division 23 00 00 - Heating, Ventilating, And Air Conditioning (HVAC)

23 05 00 Common Work Results for HVAC

23 05 93 Testing, Adjusting, And Balancing

23 09 33 Temperature Controls

23 11 23 Fuel Gas Piping

23 31 13 Metal Ducts

23 72 10 Light Commercial Air-To-Air Energy Recovery Equipment

23 81 20 Unitary Rooftop Air Conditioners

End of Table of Contents

AEW PROJECT #0190-0519 BID ISSUE

REQUEST FOR PROPOSALS 00 20 00 - 1

REQUEST FOR PROPOSAL

PROJECT OWNER

Fraser Senior Activities HVAC City of Fraser

AEW Project No. 0190-0519 33000 Garfield Rd

Fraser, M 48026

LOCATION ARCHITECT/ENGINEER

Fraser Senior Activities Center AEW Inc.

34935 Hidden Pine Dr 51301 Schoenherr Road

Fraser, MI 28026 Shelby Township, Michigan 48315

(586) 726-1234

DESCRIPTION

The scope of work involved for this project is as follows: Project description, In-cludes: Replacements of rooftop units

DOCUMENTS

This solicitation, along with all attachments may be downloaded from the Michi-gan Intergovernmental Trade Network (MITN)at www.mitn.info. Documents shall be available on February 27th, 2025 after 4:00, local time. Any and all Addenda issued by the owner must be viewed or downloaded from the above listed web-site.

PRE-BID MEETING

A mandatory pre-bid meeting will be held at the project location at 9:00am

March 6th, 2025

Pre-bid questions shall be submitted to the Architect before March 11th at noon local time. Email all questions to: skelley@aewinc.com. Please include the Project

Name and AEW Project Number in the Subject line of the email, “Project Name –

Project Number – Pre-Bid Questions” for example.

SCOPE OF PROPOSAL

Sealed proposals are invited for the Project and will be received at the receiving city clerk until 10:00am, local time; March 21st, 2025. Bids will be publicly opened and read aloud in the City Council Chambers immediately thereafter.

http://www.mitn.info/

REQUEST FOR PROPOSALS 00 20 00 - 2

BID GUARANTEE AND CONTRACT SECURITY

Each bid proposal shall be accompanied by a certified check, bank draft or sat-isfactory bid bond in an amount of 5% of the maximum bid amount. Checks shall be made payable to “City of Fraser”. Bids may not be withdrawn for a period of sixty (60) calendar days after receipt of bids. The successful bidder will be required to furnish the required insurance and bond certificates.

RIGHTS OF THE OWNER

The Owner reserves the right to reject any or all proposals and to waive irregulari-ties in bidding, or to accept the lowest responsible proposal that, in the opinion of the Owner, will serve his best interest.

FEDERAL PREVAILING WAGE

Attention is called to the fact that not less than the minimum salaries and wages as set forth in the Contract Documents must be paid on this project, and that the contractor must ensure that employees and applicants for employment are not discriminated against because of their race, color, religion, sex, sexual orientation, gender identity or national origin, in accordance with Executive Order 11246

Equal Employment Opportunity and Notice of Requirement for Affirmative Action to ensure Equal Employment Opportunity.

The Contractor and sub-contractors must comply with Davis Bacon Act July 2nd, 1964 (Title 40§ 276A). The Equal Employment Opportunity Act September 28, 1965

No. 11246, all United States Department of Labor Regulations and standards Title

29, 1,3 and 5, and Title 18, U.S. C., Section 874 known as “Anti-Kickback Act” and the Federal Occupational Safety and Health Act of 1970.

System for Award Management (SAM) Unique Entity Identifier Requirements unless exempt from these requirements under OMB guidance at 2 CFR Part

25 (e.g., individuals), applicants must:

1. Be registered in the System for Award Management (SAM) prior to submitting a proposal under this announcement. SAM information can be found at sam.gov

2. Maintain an active SAM registration with current information at all times during which it has an active federal award or an application or proposal under consideration by a federal awarding agency, and

3. Provide a valid unique entity identifier in its application (e.g., pro-vide its Unique Entity Identifier (UEI) number in each application or proposal it submits to the agency). Unique entity identifier means the http://sam.gov/

REQUEST FOR PROPOSALS 00 20 00 - 3

identifier required for SAM registration to uniquely identify business en-tities. Applicants may register as an entity or request a UEI number, at no cost, by visiting the SAM website at www.sam.gov.

If an applicant fails to fully comply with these requirements by the time the con-tract is ready to be awarded, it may be determined that the applicant is not qual-ified to receive an award and use that determination as a basis to make an award to another applicant.”

DATED: February 27, 2025 City of Fraser http://www.sam.gov./

INSTRUCTIONS TO BIDDERS 00 21 13 - 1

SECTION 00 21 13 - INSTRUCTIONS TO BIDDERS

Owner will receive sealed proposals only as set forth in the Request for Proposal and complying with all requirements as contained in Instructions to Bidders.

DOCUMENTS

Bidding documents consist of plans and specifications as prepared by Anderson, Eckstein and Westrick, Shelby Township, Michigan.

Bid documents can be downloaded from the Michigan intergovernmental

Trade Network (MITN) website at www.mitn.info beginning on the date shown on the RFP.

BIDDING DOCUMENTS

The Bidding Documents consist of the following:

The Drawings as enumerated in Section 00 85 10, Index of Drawings.

The Specifications as enumerated in the Table of Contents.

All other documents as provided for in Article 1, Paragraph 1, Section 1 of the

General Conditions as modified.

EXAMINATION

Each bidder shall examine the Bidding Documents and satisfy himself about the extent of the proposed work by personal examinations of the site and surroundings, and make his own estimate therefrom of the facilities and difficulties attending the performance and completion of the job.

No additional compensation will be allowed on account of conditions which could be determined by examining the Bidding Documents or the site.

INTERPRETATION

If any person contemplating submitting a bid is in doubt as to the true meaning of any part of the Drawings, Specifications, or other Bidding Documents, they must

INSTRUCTIONS TO BIDDERS 00 21 13 - 2

submit to the Architect, a written request for an interpretation thereof. If such an interpretation is not requested, the bids will be presumed to be based upon the interpretation and directions given by the Architect after Contract award, in accordance with provisions of the Contract. Neither the Owner nor the Architect will be responsible for any verbal explanations or interpretations of the Bidding

Documents.

Every request for such interpretation should be in writing, addressed to the Architect at his office, and to be given consideration, must be received at least three (3) days prior to the date fixed for the opening of bids. Any and all such interpretations, and any supplemental instructions will be in the form of written addenda to the Bidding

Documents which, if issued, will be posted on MITN prior to the date fixed for the opening of bids. All addenda so issued shall become part of the Bidding

Documents.

SUBSTITUTIONS

To obtain approval to use unspecified products, bidders shall submit written requests at least five (5) days before the bid date. Requests received after this time will not be considered. Requests shall clearly describe the product for which approval is asked, including all data necessary to demonstrate acceptability. If the product is acceptable, the Architect will approve it in an Addendum issued to MITN.

BASIS OF BID

A single lump sum proposal is being entertained for the complete work of this proposal.

Partial or segregated bids or assignments will not be considered. Include quotes for all alternates and unit prices; failure to do so may result in rejection of the proposal.

PREPARATION

Proposal shall be submitted on the form bound in these specifications, Form of

Proposal, in original form without erasures, interlineations or alterations.

Submit three (3) copies of proposal, retain one for your records. Oral, fax, email, or telephone proposals will not be accepted.

INSTRUCTIONS TO BIDDERS 00 21 13 - 3

Proposals must be filled out in ink or typewritten in duplicate. Blank spaces in the proposals must be filled in and no changes shall be made to the phraseology of the proposal. Quotes shall be entered in written and numeric forms. In case of a discrepancy between the written and the numeric form, the written form shall govern.

All bids shall be signed and dated in longhand.

Bids which are not signed by the individual making them should have attached thereto a power of attorney, evidencing authority to act as agent for the person whom it is signed.

Bids which are signed for a partnership should be signed by one of the partners or by an attorney-in-fact. If signed by an attorney-in-fact, evidence of authority to sign the bids shall be attached.

Bids which are signed for a corporation should have the correct corporate name thereon and the signature of the president or other officer legally able to contract in the name of the corporations. In addition, a signed Secretary's Certificate evidencing the authority of the Officer to contract in the name of the corporation shall be included. Any proposal submitted by a corporation shall bear its seal.

BID SECURITY

The successful bidders’ securities will be retained until they have signed the Contract and furnished the required payment and performance bonds. The Owner reserves the right to retain the security of the next two lowest bidders for each contract until the lowest bidders enter into contract, or until sixty (60) days after the bid opening, whichever is the shorter. All other bid security will be returned as soon as practicable. If any bidder refuses to enter into a Contract, the Owner will retain his

Bid Security as liquidated damages, but not as a penalty.

SUBCONTRACTORS

The Owner and Architect reserve the right to require of bidders tentatively selected for consideration in the awarding of the Contract, a list of the subcontractors whom the Contractor intends to employ.

The Owner reserves the right to disapprove the use of any proposed subcontractor, and in such event, the bidder submitting such subcontractor shall submit another such subcontractor in like manner within the time specified by the Owner. The

INSTRUCTIONS TO BIDDERS 00 21 13 - 4

Owner reserves the right to reject any bid if such information required by the Owner is not submitted as above indicated.

SUBMITTAL

Submit proposals in sealed opaque envelopes having listed thereon the following:

PROPOSAL: FRASER SENIOR ACTIVITIES HVAC

REQUEST FOR PROPOSAL

CITY OF FRASER

ATTN: City Clerk

Contractor:

WITHDRAWAL

Proposals for base bids may not be withdrawn for a period of sixty (60) days after the time established for the receiving of proposals. Bidders may withdraw at any time prior to the time set for the receiving of proposals.

IRREGULARITIES

The Owner reserves the right to disqualify Bids before or after opening, upon evidence of collusion with intent to defraud, or other illegal practices upon the part of the bidder.

The Owner also reserves the right to reject any or all bids in whole or in part and to waive any informalities therein.

Any error and/or omission in the proposal form or any other irregularity as a result of negligent preparation shall not furnish cause for relief for any damages resulting therefrom, nor in any way relieve the Contractor from fulfillment of all contractual obligations as provided for in the Bidding Documents.

TAXES AND CONTRIBUTIONS

Proposal, unit prices, alternate prices stated include all taxes or contributions required by bidder’s business.

INSTRUCTIONS TO BIDDERS 00 21 13 - 5

Michigan State sales tax is applicable to this work.

OPENING

Proposals will be publicly opened and read aloud.

BID BREAKDOWN CONSTRUCTION INFORMATION

Upon notice from the Architect, the low bidders shall submit a detailed cost breakdown of all work covered by the Bidding Documents. The breakdown shall show quantity of material and labor, units of material and labor, material cost, labor cost and total cost in a schedule of values on an AIA G703 form.

EXECUTION OF CONTRACT

The Owner reserves the right to accept any and all bids, or to negotiate contract terms with the various bidders when such is deemed by the Owner to be in their best interest.

END OF SECTION 00 21 13

INSTRUCTIONS TO BIDDERS 00 21 13 - 6

This Page Intentionally Blank

LABOR STANDARDS 00 30 00 - 0

SECTION 00 30 00

LABOR STANDARDS PROVISIONS FOR FEDERALLY ASSISTED PROJECTS

• Davis-Bacon Act

• Labor Standards Provisions for Federally Assisted Projects

• Debarment/Suspension Certification*

• Prevailing Federal Wages, 2024 – MACOMB COUNTY

* Bidders should note these sections contain instructions regarding forms/information that must be completed/included with any submitted bid.

Davis-Bacon/Prevailing Federal Wage Rates

P.L. 111-88 requires compliance with the Davis Bacon Act and adherence to the current U.S. Department of Labor Wage Decision. Attention is called to the fact that not less than the minimum salaries and wages as set forth in the Contract

Documents (see Wage Decision included herein) must be paid on this project.

The Wage Decision, including modifications, must be posted by the Contractor on the job site. A copy of the Federal Labor Standards Provisions is included and is hereby a part of this contract.

NOTE: The required/appropriate Wage Decision must be obtained from the

United States Department of Labor (DOL) at:

http://www.access.gpo.gov/davisbacon/index.html

The Wage Decision that appears in the contract specifications must be that which was in effect on the date 10 days before bid opening.

Questions regarding prevailing wage and labor standards provisions should be directed to the DOL.

http://www.access.gpo.gov/davisbacon/index.html

ATTACHMENT 1

Certification Regarding

Debarment, Suspension, and Other Responsibility Matters

Debarment Certification

The contractor must provide a completed Certification Regarding Debarment, Suspension, and Other Responsibility Matters Form with its bid or proposal package to the owner (Attachment 1).

The prospective participant certifies, to the best of its knowledge and belief, that it and its principals:

(1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in transactions under federal non-procurement programs by any federal department or agency;

(2) Have not, within the three-year period preceding the proposal, had one or more public transactions (federal, state, or local) terminated for cause or default; and

(3) Are not presently indicted or otherwise criminally or civilly charged by a government entity

(federal, state, or local) and have not, within the three-year period preceding the proposal, been convicted of or had a civil judgment rendered against it:

(a) For the commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public transaction (federal, state, or local) or a procurement contract under such a public transaction;

(b) For the violation of federal or state antitrust statutes, including those proscribing price fixing between competitors, the allocation of customers between competitors, or bid rigging; or

(c) For the commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property.

I understand that a false statement on this certification may be grounds for the rejection of this proposal or the termination of the award. In addition, under 18 U.S.C. §1001, a false statement may result in a fine of up to $10,000 or imprisonment for up to five years, or both.

Name and Title of Authorized Representative

Name of Participant Agency or Firm

Signature of Authorized Representative Date

I am unable to certify to the above statement. Attached is my explanation.

form HUD-4010 (07/2021) Previous editions are obsolete Page 1 of 5 ref. Handbook 1344.1

Federal Labor Standards Provisions U.S. Department of Housing and Urban Development Office of Davis-Bacon and Labor Standards

A. APPLICABILITY

The Project or Program to which the construction work covered by this Contract pertains is being assisted by the United States of America, and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance.

(1) MINIMUM WAGES

(i) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment, computed at rates not less than those contained in the wage determination of the Secretary of Labor (which is attached hereto and made a part hereof), regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period.

Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4).

Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, that the employer’s payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR 5.5(a)(1)(ii) and the Davis-Bacon poster (WH1321)) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place, where it can be easily seen by the workers.

(ii) Additional Classifications.

(A) Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefor only when the following criteria have been met:

(1) The work to be performed by the classification requested is not performed by a classification in the wage determination;

(2) The classification is utilized in the area by the construction industry; and

(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.

(B) If the contractor, the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division (“Administrator”), Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget (“OMB”) under OMB control number 1235-0023.)

(C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, or HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1235-0023.)

Previous editions are obsolete Page 2 of 5 ref. Handbook 1344.1

(D) The wage rate (including fringe benefits, where appropriate) determined pursuant to subparagraphs (1)(ii)(B) or (C) of this paragraph, shall be paid to all workers performing work in the classification under this Contract from the first day on which work is performed in the classification.

(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.

(iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, that the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget under OMB Control Number 1235-0023.)

(2) Withholding. HUD or its designee shall, upon its own action or upon written request of an authorized representative of the U.S. Department of Labor, withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work, all or part of the wages required by the contract, HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the contractor, disburse such amounts withheld for and on account of the contractor or subcontractor to the respective employees to whom they are due. The Department of Labor shall make such disbursements in the case of direct Davis-Bacon Act contracts.

(3) Payrolls and basic records.

(i) Maintaining Payroll Records. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification(s), hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made, and actual wages paid.

Whenever the Secretary of Labor has found, under 29 CFR 5.5(a)(1)(iv), that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits.

Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1235-0023 and 1215-0018)

(ii) Certified Payroll Reports.

(A) The contractor shall submit weekly, for each week in which any contract work is performed, a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead, the payrolls only need to include an individually identifying number for each employee (e.g., the last four digits of the employee’s social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at https://www.dol.gov/agencies/whd/forms or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors.

Previous editions are obsolete Page 3 of 5 ref. Handbook 1344.1

Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for transmission to HUD or its designee, the contractor, or the Wage and Hour Division of the U.S.

Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this subparagraph for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to HUD or its designee. (Approved by the Office of Management and Budget under OMB Control Number 1235-0008.)

(B) Each payroll submitted shall be accompanied by a “Statement of Compliance,” signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following:

(1) That the payroll for the payroll period contains the information required to be provided under 29 CFR

5.5(a)(3)(ii), the appropriate information is being maintained under 29 CFR 5.5(a)(3)(i), and that such information is correct and complete;

(2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3;

(3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract; and

(C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the “Statement of Compliance” required by subparagraph (a)(3)(ii)(b).

(D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 3729 of Title 31 of the United States Code.

(iii) The contractor or subcontractor shall make the records required under subparagraph (a)(3)(i) available for inspection, copying, or transcription by authorized representatives of HUD or its designee or the U.S. Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12.

(4) Apprentices and Trainees.

(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency (where appropriate), to be eligible for probationary employment as an apprentice.

The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman’s hourly rate) specified in the contractor’s or subcontractor’s registered program shall be observed.

Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice’s level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination.

Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program.

Previous editions are obsolete Page 4 of 5 ref. Handbook 1344.1

If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringe benefits shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.

(ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed, unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee’s level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed.

In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved.

(iii) Equal employment opportunity. The utilization of apprentices, trainees, and journeymen under 29 CFR Part 5 shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30.

(5) Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR Part 3, which are incorporated by reference in this Contract.

(6) Subcontracts. The contractor or subcontractor will insert in any subcontracts the clauses contained in subparagraphs (1) through (11) in this paragraph (a) and such other clauses as HUD or its designee may, by appropriate instructions, require, and a copy of the applicable prevailing wage decision, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in this paragraph.

(7) Contract termination; debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12.

(8) Compliance with Davis-Bacon and Related Act Requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this Contract.

(9) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this Contract shall not be subject to the general disputes clause of this Contract. Such disputes shall be resolved in accordance with the procedures of the U.S. Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and HUD or its designee, the U.S. Department of Labor, or the employees or their representatives.

(10) Certification of Eligibility.

(i) By entering into this Contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor’s firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24.

Previous editions are obsolete Page 5 of 5 ref. Handbook 1344.1

(ii) No part of this Contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24.

(iii) Anyone who knowingly makes, presents, or submits a false, fictitious, or fraudulent statement, representation or certification is subject to criminal, civil and/or administrative sanctions, including fines, penalties, and imprisonment (e.g., 18 U.S.C. §§ 287, 1001, 1010, 1012; 31 U.S.C. §§ 3729, 3802.

(11) Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic, to whom the wage, salary, or other labor standards provisions of this Contract are applicable, shall be discharged or in any other manner discriminated against by the contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer.

B. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT

The provisions of this paragraph (b) are applicable where the amount of the prime contract exceeds $100,000. As used in this paragraph, the terms “laborers” and “mechanics” include watchmen and guards.

(1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work, which may require or involve the employment of laborers or mechanics, shall require or permit any such laborer or mechanic in any workweek in which the individual is employed on such work to work in excess of 40 hours in such workweek, unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of 40 hours in such workweek.

(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in subparagraph B(1) of this paragraph, the contractor, and any subcontractor responsible therefor, shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory) for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph B(1) of this paragraph, in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by the clause set forth in subparagraph B(1) of this paragraph. In accordance with the Federal Civil Penalties Inflation Adjustment Act of 1990 (28 U.S.C. § 2461 Note), the Department of Labor adjusts this civil monetary penalty for inflation no later than January 15 each year.

(3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall, upon its own action or upon written request of an authorized representative of the U.S. Department of Labor, withhold or cause to be withheld from any moneys payable on account of work performed by the contractor or subcontractor under any such contract, or any other Federal contract with the same prime contract, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages, as provided in the clause set forth in subparagraph B(2) of this paragraph.

(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph B(1) through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs B(1) through (4) of this paragraph.

C. HEALTH AND SAFETY

The provisions of this paragraph (c) are applicable where the amount of the prime contract exceeds $100,000.

(1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his or her health and safety, as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation.

(2) The contractor shall comply with all regulations issued by the Secretary of Labor pursuant to 29 CFR Part 1926 and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act, (Public Law 91-54, 83 Stat 96), 40 U.S.C. § 3701 et seq.

(3) The contractor shall include the provisions of this paragraph in every subcontract, so that such provisions will be binding on each subcontractor. The contractor shall take such action with respect to any subcontractor as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions.

ATTACHMENT 1

Debarment Certification

The contractor must provide a completed Certification Regarding Debarment, Suspension, and Other Responsibility Matters Form with its bid or proposal package to the owner (Attachment 1).

The prospective participant certifies, to the best of its knowledge and belief, that it and its principals:

(1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in transactions under federal nonprocurement programs by any federal department or agency;

(2) Have not, within the three year period preceding the proposal, had one or more public transactions (federal, state, or local) terminated for cause or default; and

(3) Are not presently indicted or otherwise criminally or civilly charged by a government entity

(federal, state, or local) and have not, within the three year period preceding the proposal, been convicted of or had a civil judgment rendered against it:

(a) For the commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public transaction (federal, state, or local) or a procurement contract under such a public transaction;

(b) For the violation of federal or state antitrust statutes, including those proscribing price fixing between competitors, the allocation of customers between competitors, or bid rigging; or

(c) For the commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property.

I understand that a false statement on this certification may be grounds for the rejection of this proposal or the termination of the award. In addition, under 18 U.S.C. §1001, a false statement may result in a fine of up to $10,000 or imprisonment for up to five years, or both.

Name and Title of Authorized Representative

Name of Participant Agency or Firm

Signature of Authorized Representative Date

I am unable to certify to the above statement. Attached is my explanation.

Rev. January 2025 OMB No.: 1235-0008 Expires: 01/31/2028

U.S. Department of Labor Wage and Hour Division

Davis-Bacon and Related Acts Weekly Certified Payroll Form (For Contractor’s Optional Use; See Instructions at www.dol.gov/whd/forms/wh347instr.htm)

Unless otherwise noted, the information requested is specific to the named project below.

Persons are not required to respond to the collection of information unless it displays a currently valid OMB control number.

SUBMISSION OF FINAL DBRA CERTIFIED PAYROLL FORM PRIME CONTRACTOR SUBCONTRACTOR

PROJECT NAME PROJECT NO. or CONTRACT NO. CERTIFIED PAYROLL NO. PRIME CONTRACTOR’S/SUBCONTRACTOR’S BUSINESS NAME

PROJECT LOCATION WAGE DETERMINATION NO. WEEK ENDING DATE PRIME CONTRACTOR’S/SUBCONTRACTOR’S BUSINESS ADDRESS

(1A) (1B) (1C) (1D) (1E) (2) (3) (4) (5) (6A) (6B) (6C) (7A) (7B) (8) (9)

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While use of Form WH-347 itself is optional, covered contractors and subcontractors performing work on Federal or federally assisted construction contracts are required by the DBRA regulations and the contract clauses to submit payroll information on a weekly basis. The Copeland Act (40 U.S.C. § 3145) requires contractors and subcontractors performing work on Federal or federally financed construction contracts to, on a weekly basis, “furnish a statement on the wages paid each employee during the prior week.” U.S. Department of Labor (DOL) Regulations at 29 C.F.R. § 5.5(a)(3)(ii) require contractors and subcontractors to submit weekly certified payrolls to the appropriate Federal agency if the agency is a party to the contract (or, if the agency is not such a party, to the applicant, sponsor, owner, or other entity, as the case may be, that maintains such records, for transmission to the Federal agency). Each certified payroll must be accompanied by a signed “Statement of Compliance” (e.g., page 2 of the WH-347 or another document with identical wording) indicating that the certified payrolls are accurate and complete, and that each laborer or mechanic has been paid not less than the required Davis-Bacon prevailing wage rate(s) (including any fringe benefits) for the work performed. DOL and contracting agencies receiving this information review the information to determine whether workers have received legally required wages and fringe benefits.

Public Burden Statement We estimate that it will take an average of 55 minutes to complete this collection, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. If you have any comments regarding these estimates or any other aspect of this collection, including suggestions for reducing this burden, send them to the Administrator, Wage and Hour Division, U.S.