ADD03 water tower.pdf

St. Clair LDFA Elevated Storage Tank Project Number 231422

ADDENDUM

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Addendum No. 3

Date: June 12, 2024

OWNER: City of St. Clair 547 North Carney Drive St. Clair, MI 48079

ENGINEER: Fishbeck 1515 Arboretum Drive, SE Grand Rapids, MI 49546

DRAWING REVISION NO.: A3

ISSUED HEREWITH:

SPECIFICATION SECTIONS: 00 73 40

SHEETS: C102, C201, C301, C401, C402, T101

BIDS DUE: June 20, 2024, 11:00 a.m.

This Addendum is issued to all Bid Set Holders, is a part of the Contract Documents, and modifies the previously issued Bidding Documents. Acknowledge receipt of this Addendum in the space provided on the Bid form; failure to do so may result in rejection of the Bid.

ITEM NO. 1: Responses to Bidders’ Questions

1. Instructions to Bidders – Article 15.01.F.1 – we do not see the Build America, Buy America compliance statement within the specification. Since this form was not included can confirmation be provided that this form is a post bid submittal?

The Elevated Storage Tank project selected products must comply to the BABA requirements.

Requirements are noted in Sections 00 11 13, 00 21 13, 00 41 13 and 00 73 40.

2. Can you confirm that the Owner currently owns and/or otherwise possess all required easements or permissions to work on or access the property (or properties) where the work is to be performed? If not, canyou provide information on the timing in which these easement or permissions will be obtained?

The Owner has obtained all required easements and permissions to work and access the property where work will be performed.

3. Can you confirm that the Owner has obtained the necessary approvals and permits required to start construction?

The ACT 399 permit has been submitted to Michigan Department of Environment Great Lakes and Energy (EGLE) for approval. The EGLE wetlands site visit with the Owner’s Engineer is scheduled for June 13, 2024. The Owner will submit an application for Part 301 wetlands permit if determined by EGLE after the site visit.

4. GC Item 7.09 Permits. Is a building permit required for the project or for just the elevated tank? If required, will the fees be waived, or can a fee schedule be provided so we can include the appropriate costs within our bid pricing?

No local building permit will be required.

5. Are there any governing agencies (federal/state/local agencies other than the building permit department) that must review and approve the project drawings prior to the start of construction? If so, who are these agencies and what is the anticipated duration for their review period?

The project is funded through the USEPA grant. The bid set plans and specifications have been reviewed by the EPA regional coordinator.

Project Number 231422

ADDENDUM

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Addendum No. 3

Date: June 12, 2024

6. Can you describe the process or events (i.e., approval by council, board of directors, etc.) that must occur and anticipated dates and durations that must occur in order to award this project?

The Local Development Financing Authority (LDFA) has to approve the selected bidder.

7. What is planned Notice of Award date for the project?

An award for the project is expected the second week of July.

8. Section 01 11 00, Item 1.5.E.2 ‐ Due to the nature of tank erection work and the travel distance for our field personnel, working weekends is advantageous for the project from both a cost and schedule perspective.

This is even true if the work is allowed on the weekends is restricted to non‐ inspected work. Can you confirm that Saturday work will not be restricted?

The work performed on Saturday is not restricted. Contractor to coordinate any part of the work that requires inspection by a third party if that work occurs on a Saturday.

9. Section 01 11 00, Item 1.5.E.2 ‐ Due to the nature of tank erection work and the travel distance for our field personnel, working weekends is advantageous for the project from both a cost and schedule perspective.

This is even true if the work allowed on the weekends is restricted to non‐ inspected work. Can you confirm that Sunday work will not be restricted?

The work performed on Sunday is not restricted. Contractor to coordinate any part of the work that requires inspection by a third party if that work occurs on a Sunday.

10. GC Item 7.10 Taxes. Can you confirm this project IS NOT sales tax exempt and sales tax IS to be included in the bid prices?

This project is NOT sales tax exempt, and sales tax needs to be included in the bid prices.

11. Sheet C101 – Note #12 states that the Contractor is to replace damage caused to surrounding area pavement outside the Construction Limits. The access roads to the tank site appear to be very well constructed, however as we are unaware of the structural makeup of the existing drives it will be difficult to determine the amount or cost of damage, if any. Your best bet is to reduce Contractor risk in this area. May we suggest a common cash allowance be carried by all the bidders for any repairs, this will protect the Owner and allow the Bidder to provide their best price.

Magna Drive should be used as access as this is a City road and was constructed to City Standards. Any damage caused to the pavement will be the responsibility of the Contractor to replace.

12. Sheet T101 – Foundation Drain – Can you confirm the foundation drain is to discharge into the overflow catch basin?

The foundation drain is to discharge to the retention pond. See Item 3 on this addendum.

13. Drawing T101 shows a 16” riser. However, Section 33 16 26, Item 2.6.B describes a 12” riser. Can you confirm the size of the inlet/outlet riser?

Drawing T101 has been reissued with the 12-inch riser. See Item 2 on this addendum.

14. Drawing T101 shows slab details at the overhead door and the personnel door that are not exactly how we construct. Details like this vary between the individual tank manufacturers. Please confirm these types of details are general in nature and are to be finalized by the individual tank manufacturers design.

It is understood that foundation design and details vary per tank manufacturer. Although these details are general in nature, the manufacturer’s submitted design will still be reviewed as part of the submittal process.

Project Number 231422

ADDENDUM

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Addendum No. 3

Date: June 12, 2024

15. Sheet T101 – Note #3 indicates a galvanized ladder safety devices are to be installed. Our standard design utilizes an aluminum rigid rail safety climb device. Can you confirm that either an aluminum rail or galvanized rail are acceptable?

Both are acceptable provided Occupational Safety and Health Association (OSHA) requirements are met.

16. Section 33 16 26 Part 1 Item 1.7 A. 3. Requires welders to be certified by an independent testing laboratory. This is not required by AWWA, API or ASME and is not industry standard. Can you confirm the Tank Manufacturer can follow AWWA, API or ASME when certifying their welders?

Welder certifications in accordance with AWW D100-21 is acceptable.

17. Section 33 16 26 specifies A312 stainless steel piping, typically we would utilize A240. Can you confirm either is acceptable?

A240 is acceptable.

18. Section 33 16 26 Item 2.6.C describes the overflow pipe material within the tank but not within the pedestal. Can you confirm the pipe material for the overflow riser within the pedestal is stainless steel Type 304L 11ga?

Overflow pipe material in non-immersed areas including the pedestal to be similar material to Riser Pipe (See 2.6.B.2).

19. Section 40 05 13 Item 2.1.B describes the stainless steel piping as 40S, this is different than what is specified in Section 33 16 26. Can you confirm 304L 10S for the Inlet/outlet riser and 304L 11ga for the overflow piping?

This 40 05 13 Section 2.1.B stainless steel piping as 40S is for instrumentation piping as indicated in paragraph 2.1.B.1.

20. The geotechnical report says pile points are not required. However, Section 31 62 16, Item 2.1.B.2 indicates that pile points are required on all piles. Can you clarify?

The discussion of pile points in 31 62 16 are just for materials of the pile points if they are used, not that they are necessary for all piles. Follow recommendations in geotechnical report necessity of pile points.

21. The geotechnical report requires the bottom of pier cap to be 4 ft below grade. However, Drawing T101 shows the top of the pile cap at 4 ft below grade. Can you confirm the depth of pile cap is to be determined by the Tank Manufacturer with the top of the cap located as such to provide appropriate clearance for the conduits to pass over the pile cap?

Drawing T101 has been updated to address the discrepancy.

22. Section 09 97 13 Part 2 Item 2.5. C & D. Is the control level of containment at the discretion of the contractor?

Yes, blast containment means and methods is the responsibility of the Contractor. Specifications state minimum criteria but selected control must meet EGLE requirements.

23. Section 09 97 13, Item 2.2 B. (last sentence) specifies two brush coats on edges and weld seams. Industry standard is one brush coat. Can you confirm only one brush coat will be required?

One stripe coat is acceptable.

24. Section 09 97 13, Item 2.2 B. (last sentence) specifies two brush coats on edges and weld seams. Industry standard is brush coat on the interior wet surfaces only. Can you confirm the brush coat is only required on the interior surfaces?

Stripe coat is required on exterior surfaces.

Project Number 231422

ADDENDUM

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Addendum No. 3

Date: June 12, 2024

25. Section 09 97 13, Item 3.3 B. 4. Can you confirm the exterior zinc prime coat can be spray applied as recommended by the Coatings Manufacturer?

Primer can be spray-applied with brush application around any edges and inside angles.

ITEM NO. 2: Elevated Tank Details Sheets: T101 – TANK ELEVATION AND DETAILS (reissued)

A. Riser pipe size revised to 12 inches.

B. Updated dimension to pile cap.

C. Updated notes and dimension regarding foundation drain.

ITEM NO. 3: Foundation Drain Site Routing Sheets: C102 – ELEVATED TANK SOIL EROSION AND SEDIMENTATION CONTROL PLAN (reissued)

C201 – ELEVATED TANK SITE LAYOUT PLAN (reissued) C301 – ELEVATED TANK SITE GRADING PLAN (reissued) C401 – ELEVATED TANK SITE UTILITY PLAN AND PROFILES – STORM SEWER (reissued) C402 – ELEVATED TANK SITE UTILITY PLAN AND PROFILES – WATER MAIN (reissued)

A. Addition of tank foundation drain to site plans.

ITEM NO. 4: Updated Wage Decision Section: 00 73 40 – Standard Contract Requirement: United States Environmental Protection Agency (reissued)

A. Updated Davis-Bacon Wage Decision for St. Clair County.

END OF ADDENDUM

Project Number 231422 – ADDENDUM NO. 3

Standard Contract Requirement:

United States Environmental Protection Agency

Section 00 73 40

00 73 40 – 1

SECTION 00 73 40 – STANDARD CONTRACT REQUIREMENT: UNITED STATES ENVIRONMENTAL

PROTECTION AGENCY

PART 1 - GENERAL

1.1 RELATED DOCUMENTS

A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section.

1.2 SUMMARY

A. Build America, Buy America Contract Language:

1. The Contractor acknowledges to and for the benefit of the Martin Sanitary Diversion Drainage District

(“Owner”) and the United States Environmental Protection Agency (the “Funding Authority”) that it understands the goods and services under this Agreement are being funded with federal monies and have statutory requirements commonly known as “Build America, Buy America;” that requires all of the iron and steel, manufactured products, and construction materials used in the project to be produced in the United States (“Build America, Buy America Requirements”) including iron and steel, manufactured products, and construction materials provided by the Contactor pursuant to this Agreement. The Contractor hereby represents and warrants to and for the benefit of the Owner and Funding Authority

(a) the Contractor has reviewed and understands the Build America, Buy America Requirements, (b) all of the iron and steel, manufactured products, and construction materials used in the project will be and/or have been produced in the United States in a manner that complies with the Build America, Buy America Requirements, unless a waiver of the requirements is approved, and (c) the Contractor will provide any further verified information, certification or assurance of compliance with this paragraph, or information necessary to support a waiver of the Build America, Buy America Requirements, as may be requested by the Owner or the Funding Authority. Notwithstanding any other provision of this Agreement, any failure to comply with this paragraph by the Contractor shall permit the Owner or Funding Authority to recover as damages against the Contractor any loss, expense, or cost (including without limitation attorney’s fees) incurred by the Owner or Funding Authority resulting from any such failure (including without limitation any impairment or loss of funding, whether in whole or in part, from the Funding Authority or any damages owed to the Funding Authority by the Owner). If the Contractor has no direct contractual privity with the Funding Authority, as a lender or awardee to the Owner for the funding of its project, the Owner and the Contractor agree that the Funding Authority is a third-party beneficiary and neither this paragraph (nor any other provision of this Agreement necessary to give this paragraph force or effect) shall be amended or waived without the prior written consent of the Funding Authority.

B. Davis-Bacon and Related Acts/Prevailing Federal Wages.

1. 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. The “Contracting Agency” or “Contracting Officer” for Davis-Bacon Wage Decision posters on jobsites is the loan applicant/bond issuer. A copy of the Labor Standard Provisions for Federally Assisted Projects is included and is hereby a part of this contract.

2. Davis-Bacon Wage Decision for St. Clair County, Michigan:

a. The Wage Decision that will apply are those which are published at https://sam.gov/content/wage-determinations 10 days prior to Bid opening.

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

Department of Labor.

4. See additional Attachment to this Section, provided for information only.

https://sam.gov/content/wage-determinations

Project Number 231422 – ADDENDUM NO. 3

Standard Contract Requirement:

United States Environmental Protection Agency

Section 00 73 40

00 73 40 – 2

C. Disadvantaged Business Enterprises (DBE) Requirements

1. Prime contractors bidding on this project must follow, document, and maintain documentation of their

Good Faith Efforts (GFE), as listed below, to ensure that Disadvantaged Business Enterprises (DBEs) have the opportunity to participate in the project by increasing DBE awareness of procurement efforts and outreach. Bidders must make the following Good Faith Efforts for any work that will be subcontracted.

a. Ensure DBEs are made aware of contracting opportunities to the fullest extent practicable through outreach and recruitment activities. Place DBEs on solicitation lists and solicit DBEs whenever they are potential sources.

b. Make information on forthcoming opportunities available to DBEs. Arrange timeframes for contracts and establish delivery schedules, where the requirements permit, in a way that encourages and facilitates participation by DBEs in the competitive process. Whenever possible, post solicitation for bids or proposals for a minimum of 30 calendar days before the bid or proposal closing date. The DBEs should be given a minimum of 5 days to respond to the posting.

c. Consider in the contracting process whether firms competing for large contracts can be subcontracted with DBEs. Divide total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by DBEs in the competitive process.

d. Encourage contracting with a consortium of DBEs when a contract is too large for one DBE firm to handle individually.

e. Use the services and assistance of the Small Business Administration and the Minority Business Development Agency of the U.S. Department of Commerce.

2. Subsequent to compliance with the Good Faith Efforts, the following conditions also apply under the DBE requirements. Completed Good Faith Efforts Worksheets, along with the required supporting documentation outlined in the instructions, must be submitted with your bid proposal. EPA form 6100-2 must also be provided at the pre-bid meeting. A copy of this form is available on the Forms and Guidance page of the EGLE Water Infrastructure Financing Section website.

a. The prime contractor must pay its subcontractor for work that has been satisfactorily completed no more than 30 days from the prime contractor’s receipt of payment from the owner.

b. The prime contractor must notify the owner in writing prior to the termination of any DBE subcontractor for convenience by the prime contractor and employ the Good Faith Efforts if soliciting a replacement contractor.

c. If a DBE contractor fails to complete work under the subcontract for any reason, the prime contractor must employ the Good Faith Efforts if soliciting a replacement contractor.

d. The prime contractor must employ the Good Faith Efforts

D. Good Faith Efforts:

1. The prime Contractor must provide a completed Good Faith Efforts Worksheet with its Bid or proposal package to the Owner. See Section 00 41 13 - Bid – Stipulated Sum.

E. Debarment Certification:

1. The prime Contractor must provide a completed Certification Regarding Debarment Suspension, and

Other Responsibility Matters Form with its Bid or proposal package to the Owner. See Section 00 41 13 – Bid – Stipulated Sum.

PART 2 - PRODUCTS

Not used.

PART 3 - EXECUTION

Not used.

END OF SECTION 00 73 40

Michigan.gov/EGLE Page 3 EQP1451 (Rev. 9/2022)

Build America, Buy America Contract Language

The Contractor acknowledges to and for the benefit of the _____________ (“Owner”) and the Michigan Department of Environment, Great Lakes, and Energy (the “Funding Authority”) that it understands the goods and services under this Agreement are being funded with federal monies and have statutory requirements commonly known as “Build America, Buy America;” that requires all of the iron and steel, manufactured products, and construction materials used in the project to be produced in the United States (“Build America, Buy America Requirements”) including iron and steel, manufactured products, and construction materials provided by the Contactor pursuant to this Agreement. The Contractor hereby represents and warrants to and for the benefit of the Owner and Funding Authority (a) the Contractor has reviewed and understands the Build America, Buy America Requirements, (b) all of the iron and steel, manufactured products, and construction materials used in the project will be and/or have been produced in the United States in a manner that complies with the Build America, Buy America Requirements, unless a waiver of the requirements is approved, and (c) the Contractor will provide any further verified information, certification or assurance of compliance with this paragraph, or information necessary to support a waiver of the Build America, Buy America Requirements, as may be requested by the Owner or the Funding Authority. Notwithstanding any other provision of this Agreement, any failure to comply with this paragraph by the Contractor shall permit the Owner or Funding Authority to recover as damages against the Contractor any loss, expense, or cost (including without limitation attorney’s fees) incurred by the Owner or Funding Authority resulting from any such failure (including without limitation any impairment or loss of funding, whether in whole or in part, from the Funding Authority or any damages owed to the Funding Authority by the Owner). If the Contractor has no direct contractual privity with the Funding Authority, as a lender or awardee to the Owner for the funding of its project, the Owner and the Contractor agree that the Funding Authority is a third-party beneficiary and neither this paragraph (nor any other provision of this Agreement necessary to give this paragraph force or effect) shall be amended or waived without the prior written consent of the Funding Authority.

United States Environmental Protection Agency City of St. Clair

Michigan.gov/EGLE Page 4 EQP1451 (Rev. 9/2022)

Davis-Bacon and Related Acts/Prevailing Federal Wages

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. The “Contracting Agency” or “Contracting Officer” for Davis-Bacon Wage Decision posters on jobsites is the loan applicant/bond issuer. A copy of the Labor Standards Provisions for Federally Assisted Projects is included and is hereby a part of this contract.

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Michigan.gov/EGLE Page 6 EQP1451 (Rev. 9/2022)

Labor Standards Provisions for Federally Assisted Projects - 29 CFR Part 5

§5.5 Contract provisions and related matters.

(a) The Agency head shall cause or require the contracting officer to insert in full in any contract in excess of $2,000 which is entered into for the actual construction, alteration and/or repair, including painting and decorating, of a public building or public work, or building or work financed in whole or in part from Federal funds or in accordance with guarantees of a Federal agency or financed from funds obtained by pledge of any contract of a Federal agency to make a loan, grant or annual contribution (except where a different meaning is expressly indicated),and which is subject to the labor standards provisions of any of the acts listed in Sec. 5.1, the following clauses (or any modifications thereof to meet the particular needs of the agency, Provided, That such modifications are first approved by the Department of Labor):

(1) Minimum wages. (i) All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), 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 paragraph (a)(1)(iv) of this section; 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 Sec. 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 paragraph (a)(1)(ii) of this section) and the Davis- Bacon poster (WH-1321) 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)(A) The contracting officer shall require that any class of laborers or mechanics, including helpers, 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. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore 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; and

Michigan.gov/EGLE Page 7 EQP1451 (Rev. 9/2022)

(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 and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.

(C) In the event the contractor, the laborers, or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-dayperiod that additional time is necessary.

(D The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(ii) (B) or (C) of this section, 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 fid 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.

(2) Withholding. The (write in name of Federal Agency or the loan or grant recipient) shall upon its own action or upon written request of an authorized representative of the 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

Michigan.gov/EGLE Page 8 EQP1451 (Rev. 9/2022) work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, the (Agency) 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.

(3) Payrolls and basic records. (i) 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 (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project).

Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, 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.

(ii)(A) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the (write in name of appropriate federal agency) 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 the (write in name of agency). 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 shall 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 dol.gov/agencies/whd/government-contracts/construction/forms or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the (write in name of appropriate federal agency) if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit them to the applicant, sponsor, or owner, as the case may be, for transmission to the (write in name of agency), the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section 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 the sponsoring government agency (or the applicant, sponsor, or owner).

https://www.dol.gov/agencies/whd/government-contracts/construction/forms

Michigan.gov/EGLE Page 9 EQP1451 (Rev. 9/2022)

(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 Sec.

5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under Sec. 5.5 (a)(3)(i) of Regulations, 29 CFR part 5, 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 Regulations, 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.

(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 paragraph (a)(3)(ii)(B) of this section.

(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 231 of title 31 of the United States Code.

(iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the Michigan Department of Environment, Great Lakes, and Energy or the 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, the Federal agency may, after written notice to the contractor, sponsor, applicant, or owner, take such action as maybe 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

Michigan.gov/EGLE Page 10 EQP1451 (Rev. 9/2022) applicable wage rate on the wage determination for the classification of work actually performed.

In addition, any apprentice performing work on the jobsite 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. 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, fringes 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.