F26-10-01 - Bid Specs.pdf

COLUMBIA COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS

REQUEST FOR QUALIFICATIONS F26-10-01

PROFESSIONAL CIVIL ENGINEERING SERVICES

The Board of County Commissioners (County) will receive sealed proposals in the office of

Commissioners, 135 NE Hernando Avenue, Suite 203, Lake City, FL 32055, until 2:00 PM local time on SEPTEMBER 17, 2026 for the following:

PROFESSIONAL CIVIL ENGINEERING SERVICES

To be eligible for consideration, all proposers must be registered in the State of Florida to practice their profession at the time of submittal. Proposers without a complete submittal described will be considered improper. The Request for Qualification Project information is available online only at: https://www.columbiacountyfla.com/PurchasingBids.asp

Submissions will be publicly opened in the Commissioner’s Office at 2:00 PM, SEPTEMBER 17, 2026 or as soon thereafter as practical. Proposers are responsible for the delivery of submissions. Submissions may be withdrawn at any time prior to the opening.

Late bids will not be accepted. Bids delivered in any other format other than specified in this solicitation will not be accepted.

Questions regarding this solicitation must be received via email to ejones@columbiacountyfla.com no later than SEPTEMBER 10, 2026 at 5:00 PM local time.

Responses to those questions considered material to the solicitation shall be distributed via formal addenda.

Columbia County welcomes your response to this solicitation. Qualifications should be prepared in accordance with the instructions herein and will be evaluated by the County as stated in the evaluation section of this document. The County reserves the right to waive any formalities, to reject any or all qualifications or to re-advertise for qualifications for these services. The County may withdraw all or part of this solicitation at any time to protect the interests of the County. All Proposers are asked to be thorough yet concise in their response.

Failure to provide the response in the manner prescribed herein may be grounds for disqualification.

Only one bid set will be furnished with each company or corporation interested in bidding.

The one complete bid set is to be submitted in a sealed envelope. Proposers shall indicate Bid

Number, Project Title, and the name and address of the firm submitting the bid on the outside of the envelope.

All Proposers are advised that under Chapter 119, Florida Statutes, all responses are deemed a public record and open to the public as provided for in said statute.

https://www.columbiacountyfla.com/PurchasingBids.asp mailto:ejones@columbiacountyfla.com

GENERAL INSTRUCTIONS TO BIDDERS

These instructions will bind bidders and conditions herein set forth, except as specifically qualified in special bid and contract terms issued with any individual bid.

1. The following criteria are used in determining low responsible bidder:

A. The ability, capacity and skill of bidder to perform required service.

B. Whether the bidder can perform service promptly or within specified time.

C. The determined character, integrity, reputation, judgment, experience and efficiency of bidder.

D. The performance of previous contracts with Columbia County or entities similar to

Columbia County.

E. The suitability of equipment or material for County use.

F. The ability of bidder to provide future maintenance.

2. Payment Terms are net thirty (30) unless otherwise specified. Favorable terms, discounts, may be offered and will be considered in determining low bids if they are deemed by Purchasing Department to be advantageous to the County.

3. All bids should be tabulated, totaled and checked for accuracy. Where applicable, the provided unit price will prevail in case of discrepancies or other errors.

4. All requested information shall be included in the envelope. All desired information must be included for your bid to receive full consideration.

5. If anything on the bid request is not clear, you should contact the Purchasing Director immediately.

6. A bidders list is available at the Purchasing Office.

7. Quote all prices F.O.B. our warehouse or as specified in bid documents.

8. Each proposal shall be clearly marked on the outside of the envelope including Fed Ex, UPS or other delivery service envelopes, as a sealed bid. The name of the item being bid shall be shown on the outside in full.

9. The County shall not be liable for any bid opened prematurely if that bid was not sealed in a properly marked envelope.

10. If only one (1) bid is received, the bid may be rejected and re-advertised or excepted if determined to be in the counties best interest.

11. Bids received late will not be accepted. It is the bidder’s sole responsibility to ensure proposals are timely delivered and received before the deadline.

12. Telephone and facsimile bids will not be accepted under any circumstances. Should a timely delivered bid be misplaced by the County but later found before ranking occurs, the bid will be considered. A bidder may request a receipt showing the day and time a bid envelope is delivered to the appropriate office of the County.

13. Bids requiring bid bonds will not be accepted if bond is not enclosed. Cash or certified check will be accepted in lieu of bond except on construction projects with a project budget exceeding

$40,000.

14. Upon request of the Purchasing Office or County Manager, a bidder must provide proof that the bidder has the requisite organization, capital, plant, stock, ability, and experience to perform the contract contemplated by the Request for Proposals/Qualifications or Invitation to Bid.

15. Any alterations, erasures, additions, or omissions of required information or any changes to specifications or bidding schedule are done at the risk of the bidder. Any bid will be rejected that has a substantial variation, that is; a variation that affects price, quantity, and quality or delivery date

(when delivery is required by a specific time).

16. When requested, samples will be furnished to the County free of expense, properly marked for identification and accompanied by a list where there is more than one (1) sample. The County reserves the right to mutilate or destroy any sample submitted whenever it may be to the best interest of the County to do so for the purpose of testing.

17. The County will reject any material, supplies or equipment that did not meet the specifications, even though the bidder lists the trade names or names of such material on the bid or price quotation form.

18. The unauthorized use of patented articles is done entirely at the risk of the successful bidder.

19. The ESTIMATED QUANTITY given in the specifications or advertisements is for the purpose of bidding only. The County may purchase more or less than the estimated quantity and the vendor must not assume that such estimated quantity is part of the contract.

20. Only the latest model equipment as evidenced by the manufacture’s current published literature will be considered. Obsolete models of equipment not in production will not be acceptable. The equipment shall be composed of new parts and materials. Any unit containing used parts or having seen any service other than the necessary tests will be rejected. In addition to the equipment specifically called for in the specification, all equipment catalogued by the manufacturer as standard or required by the State of Florida shall be furnished with the equipment. Where required by the State of Florida Motor Vehicle Code, vehicles shall be inspected and bear the latest inspection sticker of the Florida Department of Revenue.

21. The successful bidder on motor vehicle equipment shall be required to furnish with delivery of vehicle, certificate of origin and any other appropriate documentation as required by the Florida

Motor Vehicle Department.

22. Prospective bidders are required to examine the location of the proposed work or delivery and determine, in their own way, the difficulties, which are likely to be encountered in the prosecution of the same.

23. All materials, equipment and supplies shall be subject to rigid inspection, under the immediate supervision of the Purchasing Department, its designee and /or the department to which they are delivered. If defective material, equipment, or supplies are discovered, the contractor, upon being instructed by the Purchasing Department or designee, shall remove, or make good such material, equipment, or supplies without extra compensation. It is expressly understood and agreed that the inspection of materials by the County will in no way lessen the responsibility of the Contractor release him from his obligation to perform and deliver to the County Sound and satisfactory materials, equipment, or supplies. The Contractor agrees to pay the costs of all tests upon defective material, equipment, or supplies or allow the costs to be deducted from any monies due him from the

County.

24. Unless otherwise specified by the Purchasing Department all materials, supplies, or equipment quoted herein must be delivered within thirty (30) days from the day of notification or exceptions noted on bid sheets.

25. A contract will not be awarded to any corporation, firm, or individual who is, from any cause, in arrears to the County or who has failed in former contracts with the County to perform work satisfactorily, either to the character of the work, the fulfillment or guarantee, or the time consumed in completing the work.

26. Reasonable grounds for supposing that any bidder is interested in more than one proposal for the same item will be considered sufficient cause for rejection of all proposals in which he is interested.

27. Submitting a proposal when the bidder intends to sublet the contract may be a cause for rejection of bids or cancellation of the contract by the County Manager.

28. Unless otherwise specified, the County reserves the right to award each items separately or on a lump sum basis whichever is in the best interest of the County.

29. Respondents to this solicitation or persons acting on their behalf may not contact, between the release of the solicitation and the end of the 72-hour period following the agency posting the notice of intended award, excluding Saturdays, Sundays, and state holidays, any employee or officer of the executive or legislative branch concerning any aspect of this solicitation, except in writing to the procurement officer or as provided in the solicitation documents. Violation of this provision may be grounds for rejecting a response.

30. The County reserves the right to reject any quotations or specifications and the right to waive minor discrepancies as to all bidders equally, when such rejection or waiver is deemed to be in the best interest of the County. For unit priced items, the County may elect to purchase part, all, or none of the materials, supplies, or equipment specified in a bid.

31. The bidder or the bidder's authorized representative or agent must sign the bid in the space provided. Unsigned bids will be rejected. Signature must be "wet" signatures in ink. Typewritten or printed signatures will not be accepted.

32. Any bidder may withdraw his/her bid at any time before the time set for the opening of the bids.

33. It is mutually understood and agreed that if at any time the Purchasing Department or designee shall be of the opinion that the contract or any part thereof is unnecessarily delayed or that the rate of progress or delivery is unsatisfactory, or that the contractor is willfully violating any of the conditions or covenants of the agreement, or executing the same in bad faith, the Purchasing Department or his/her designee shall have the power to notify the contractor of the nature of the complaint.

Notification shall constitute delivery of notice, or letter to address given in the proposal. If after three

(3) working days of notification the conditions are not corrected to the satisfaction of the Purchasing

Officer, he shall have the power to take whatever action necessary to complete the work or delivery and the expense shall be deducted from any paid by the County out of such monies as may become due to the said contractor. In case such expense shall exceed the last said sum, then and in that event, the bondsman or the contractor, his/her executors, administrators, successors, or assigns, shall pay the amounts of such excess to the County on notice made by the Purchasing Department or his/her designee of the excess due.

34. If the bidder proposes to furnish any item of foreign make or product, he shall write “foreign” together with the name of the originating country opposite such item on a proposal.

35. Any complaint from bidders relative to the invitation to bid or attached specifications shall be made prior to the time of opening bids; otherwise, the bidder waives any such complaint.

36. Contracts may be cancelled by the County with or without cause on thirty- (30) days advance written notice.

37. All contractors submitting bids for road projects in excess of $250,000 must be pre-qualified with the Florida Department of Transportation and shall provide proof of such qualification.

38. Any bidder affected adversely by an intended decision with respect to the award of any bid, shall file with the Purchasing Department for Columbia County, a written notice of intent to file a protest not later than seventy-two (72) hours (excluding Saturdays, Sundays and legal holidays), after the posting of the bid tabulation. Protest procedures may be obtained in the Purchasing Department.

39. A person or affiliate who has been placed on the convicted vendor's list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to

Columbia County, may not submit a bid on a contract with Columbia County for the construction or repair of a public building or public work, may not submit bids on leases of real property to Columbia

County, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with Columbia County, and may not transact business with Columbia County for a period of 36 months from the date of being placed on the convicted vendor list.

40. Vendor/Contractor shall utilize the U.S. Department of Homeland Security’s E-Verify system, in accordance with the terms governing use of the system, to confirm the employment eligibility of;

A. All persons employed by the Vendor/Contractor during the term of the Contract to perform employment duties within Florida; and

B. All persons, including subcontractors, assigned by the Vendor/Contractor to perform work pursuant to the contract with the County.

41. Contractor shall register on line at https://www.columbiacountyfla.com/PurchasingBids.asp for this specific project. All addendums are delivered via email through this website, and it is the contractor’s responsibility to ensure all addendums are used in the bid submittal.

COLUMBIA COUNTY BOARD OF COUNTY COMMISSIONERS COLUMBIA

COUNTY PROJECT NUMBER RFQ F26-10-01 PROFESSIONAL CIVIL

ENGINEERING SERVICES

NOTICE IS HEREBY GIVEN that in accordance with F.S. 287.055 the Consultant’s

Competitive Negotiation Act (CCNA), sealed qualifications will be received until 2:00 P.M., Thursday, SEPTEMBER 17th, 2026 at the Columbia County Board of County

Commissioners, Purchasing Department, 135 NE Hernando Avenue, Suite 203, Lake City, Florida 32055.

Qualifications will be opened at 2:00. P.M., or as soon thereafter, on Thursday, September

17th, 2026 at the same location in the presence of the Purchasing Department staff and all other interested persons.

TIMETABLE

Date of Advertisement: 08/19/2026

Last Date of Inquiries: 09/10/2026

BID Due: 09/17/2026 2:00PM

BID Open: 09/17/2026 after 2:00PM

Issued By: Purchasing Department ejones@columbiacountyfla.com

The following are proposed dates for Recommendation of Award or Contract. The County reserves the right to alter dates as needed:

BCC: OCTOBER 1ST , 2026 (or later)

All Qualifications shall be submitted to the Board of County Commissioners, Purchasing

Department, 135 NE Hernando Avenue, Suite 203, Lake City, Florida, which shall record receipt thereof by date and time on the Sealed Qualification Envelope. The deadline for receipt of a particular Qualification submittal shall be per the Request for Qualifications. All

Qualifications must be physically received by the Purchasing Department prior to the deadline indicated in the Request for Qualifications. A Qualification may not be submitted by facsimile transmission or by email. The use of an overnight delivery service, of the United States Postal

Service or any other type of delivery service to submit a Qualification shall be entirely at the risk of the Bidder submitting the same, and any Qualification so received after the applicable deadline shall be deemed untimely. Upon receipt, the Purchasing Department will maintain custody and control of all Qualification submittals until after they have been opened. The

Purchasing Department shall serve as the permanent record holder of all Qualification submittals for the County Manager.

An original and three copies of the Qualifications and USB drive must be received in a sealed envelope. Proof of liability insurance, form W-9 taxpayer identification number, and bid information shall be included with all responses submitted.

mailto:ejones@columbiacountyfla.com

COLUMBIA COUNTY BOARD OF COUNTY COMMISSIONERS COLUMBIA

COUNTY PROJECT NUMBER RFQ F26-10-01 PROFESSIONAL CIVIL

ENGINEERING SERVICES

INTENT AND GENERAL INFORMATION

Columbia County Board of County Commissioners is seeking Qualifications from firms for civil engineering services for CDBG-DR projects within the County.

Federal requirements may be applicable to task orders issued for projects under the awarded

Continuing Services Contracts.

All professional services to be provided under this agreement shall be performed by

Professionals licensed to practice in the State of Florida and in strict compliance with the Consultant’s

Competitive Negotiation Act, 287.055 F.S. (CCNA). Consultants providing services under this contract shall at all times be knowledgeable of the limiting thresholds of the CCNA statutes and shall ensure that full compliance therewith is maintained at all times.

All firms chosen to provide professional services to the County must submit annual statement of qualifications, performance data, and insurance certificates.

PROJECT INFORMATION

Columbia County Board of County Commissioners has been awarded a Community

Development Block Grant – Disaster Recovery (CDBG-DR) through Florida Department of

Commerce (MS006). Columbia County has been awarded $4,000,000.00 of CDBG-DR funding for the Columbia County Shelter Resilience and Capacity Upgrades Project to upgrade and harden public disaster shelters ($400,000.00 for engineering services). This project will permanently replace temporary, emergency-only fixes with code-compliant showers, right-sized congregate areas, and reliable lighting and power to directly remedy shelter service failures and ensure Columbia County can safely house residents, low-income evacuees, and mutual-aid responders during future events. Columbia County identified three

(3) community centers used as public disaster shelters in need of hardening and upgrades:

1) Winfield Community Center

2) Deep Creek Community Center

3) Springville Community Center

This project additionally provides the 25% match of $410,463.75 for a Federal Emergency

Management Agency (FEMA) Hazard mitigation Grant Program (HMGP) grant to install generators at critical facilities including the listed Community Centers and shelters.

SUBMITTAL

An original and three (3) copies with one thumb drive submission must be received in a sealed envelope prominently marked on the outside with the words “RFQ F26-10-01

PROFESSIONAL CIVIL ENGINEERING SERVICES”.

DEADLINE for receipt of submittals or alternate submittals in response to this Request is

September 17th, 2026 at 2:00 p.m. Proposals should be mailed to CCBCC, P.O. Box 1529, Lake City FL 32056-1529, or hand delivered to: CCBCC, 135 NE Hernando Ave. Room 203, Lake City, FL 32055. Submissions by fax or other electronic media will not be accepted under any circumstances. Late submissions will not be accepted but will be returned unopened to the sender at the sender’s expense.

PROHIBITION OF LOBBYING IN PROCUREMENT MATTERS.

During the period between the time the submittals for invitation for proposals request for qualifications, or information, or the invitation to negotiate, as applicable, has been issued by

CCBCC and the time the CCBCC awards the contract, no proposer, no lobbyist, principal, or other person may lobby on behalf of a competing party in a particular procurement matter, either any member of the Board, or any CCBCC employee. Violation of the provision may result in disqualification of violating party.

SCOPE OF SERVICES

Create a full design package(s), signed and sealed by a Professional Engineer (PE) licensed in the State of Florida. The PE will work closely with Columbia County staff throughout the design process to ensure all engineering drawings, specifications, construction cost estimates, surveys, and any other relevant reports or documents comply with current hurricane code ratings, local codes, and building codes.

Obtain copies of all permit applications, correspondence with permitting agencies, final permits, and any other permit-related documentation for the project.

Conduct an Environmental Review/Assessment in accordance with HUD and Commerce

Policies and the National Environmental Policy Act and carry out any mitigation measures required as a result of the Environmental Review findings.

Review contractor payrolls and interviewed employees to determine compliance with Davis-

Bacon Act, Contract Work Hours and Safety Standards Act, and the Copeland “Anti-

Kickback” Act.

TERMS AND CONDITIONS

Conformity and adherence to the terms and conditions of this solicitation shall be a condition considered by CCBCC as part of its review process. In determining submission acceptance, any data submitted or related to the offeror’s proposal, required or voluntary, shall be subject to evaluation as deemed appropriate and in the best interest of the County, including the conduct of the offeror or any representative of the offeror with regard to an CCBCC official or employee. Inaccurate and misleading information provided in an offeror’s proposal may result in rejection of the proposal.

Submittals in response to this solicitation will be reviewed against the criteria listed herein above, and award of contract(s) shall be made in accordance to standard purchasing procedures, the CCBCC Procurement Policy and applicable regulations of the State of

Florida.

Submittals will be evaluated on the basis of submitted materials, references, and interviews as applicable.

Evidence of current professional registration (engineering) is required.

A certificate of Insurability for professional errors and omission liability shall be provided before contract execution at minimum amounts as follows:

SUBMITTAL

Submittals should not contain information in excess of that requested, must be concise, and must specifically address the issues of this RFQ. It is requested that the response be no more than 50 pages (excluding resumes and reference letters) and titled Letter of Interest and

Statement Qualifications, RFQ # F26-10-01. Resumes shall be limited to two pages per person that will be assigned to CCBCC projects. The County reserves the right to reject any and all submittals, waive irregularities in the submittal and the negotiations and to request additional information from respondents if deemed necessary.

The submittals should include the following:

TAB 1: - Description of the consulting firm’s expertise in meeting the needs of the County.

1. Brief overview of the consulting firm’s history and organization that includes the name of the consulting firm’s contact person, telephone, fax number and email address.

2. Resumes of all personnel that will be assigned to the project(s) with a copy of their professional license. Provide client contact information for all projects listed in resumes.

3. List a maximum of five (5) recent projects that the consulting firm performed during the past five (5) years to indicate proficiency in similar work. If available, please provide client reference letters on these projects. The correspondence shall be from the current contact person and include a telephone number

4. Identification and address of any sub consultants that will be involved, including a description of qualifications.

5. Provide a short narrative outlining your projects approach to manage a project in order to meet schedule, budget requirements and how the consulting firm determines cost/benefit ratio for a proposed project.

6. Describe the current workload and the consulting firm’s daily ability to handle the scope of services.

7. Relative to the scope of services for the projects, describe the specific ability of the firm. Include any innovative approaches to providing the services: briefly describe your quality assurance/quality control program. Describe how your consulting firm ensures constructability and design performance of projects. Describe how your consulting firm interacts with the regulatory agencies.

SELECTION AND EVALUATION PROCEDURES

The CCBCC will utilize a selection committee consisting of CCBCC staff who will review and rank all submittals received. The evaluation criteria listed below will be utilized to evaluate the individuals and consulting firms and the selection committee will narrow the final list to no more than three (3) individuals and consulting firms. The final three selected individuals and firms may be invited to give an oral presentation to the CCBCC. The Board shall be the sole judge of its own best interests, the proposals and the resulting negotiated agreement. The Board’s decision will be final.

Consulting firms will be evaluated using a number of factors including, but not limited to, the following:

1. Experience and expertise of the consulting firm to meet the needs of the County. Experience working with regulatory agencies. (20 points)

2. Qualifications and abilities of Professional Personnel. (15 points)

3. Firm’s experience and expertise involving the scope of service for this RFQ. (15 points)

4. Client reference letters (five references). (10 points)

5. Ability to work with the County and applicable departmental staff. (10 points)

6. Ability to complete projects in a timely manner. (20 points)

7. Quality of submittal (clarity, conciseness and compliance with the requirements herein). (10 points)

SCORE SHEET – TO BE USED BY THE EVALUATION COMMITTEE

RFQ F26-10-01 RATING CRITERIA

All submittals received in accordance with this Request for Qualifications will be evaluated using the following worksheet.

Max Score Rating

1. Firm’s Qualifications, Expertise, Experience with Regulatory Agencies

2. 2 2. Qualifications and Abilities of

Professional Personnel

3. 3. Consultant Experience with Scope of Services for RFQ

4. 4. Ability to work with County and solid waste staff

5. Client References for similar

Projects

6. 6. Ability to complete project in a timely manner

7. Quality of Submittal 10

Total: 100 ______________________

SAMPLE SCORES:

0 Non-responsive-included no information on subject criteria

1 Poor

5 Fair

10 Average

15 Good

20 Excellent

Name of Consultant Being Scored: __________________________________________

HUD Required Contract Provisions

Article 1: Labor Standards

A. Applicability.

The Project or program to which the construction work covered by this Contract pertains is being assisted or insured by the United States of America, and the following Federal Labor

Standards Provisions are included in this Contract or related instrument pursuant to the provisions applicable to such Federal assistance or insurance. Any statute or regulation contained herein shall also include any subsequent amendment or successor statute or regulation.

B. Minimum Wages.

Pursuant to Section 212 of the National Housing Act, as amended, 12 U.S.C. 1715c, the minimum wage provisions contained in this paragraph B do not apply to those projects insured under Section 223(a)(7) or Section 223(f). If a Section 223(f) project subsequently commences a Section 241 construction project, the minimum wage provisions contained in this paragraph

B would also not apply.

1. (a) 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) shall 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 C.F.R. 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 (40 U.S.C. 3141(2)(B)(ii)) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 C.F.R.

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 C.F.R. 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 C.F.R. 5.5(a)(1)(ii)) 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.

(b)(i) Any class of laborers or mechanics that is not listed in the wage determination and that is to be employed under this Contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits 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

(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.

(ii) If the Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee 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 HUD or its designee to the

Administrator of the Wage and Hour Division, U.S. Department of Labor, Washington, D.C. 20210 (“Administrator”). The Administrator, or an authorized representative, shall approve, modify, or disapprove every additional classification action within thirty (30) days of receipt and so advise HUD or its designee or shall notify HUD or its designee within the thirty (30) day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.)

(iii) In the event the Contractor, the laborers or mechanics to be employed in the classification or their representatives and 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, shall issue a determination within thirty (30) days of receipt and so advise HUD or its designee or shall notify HUD or its designee within the thirty (30) day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control

Number 1215-0140.)

(iv) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs B.1.(ii)(b) or (c) of this Article, 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.

(c) Whenever the minimum wage rate prescribed in the Contract for a class of laborers or mechanics includes a fringe benefit that 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.

(d) 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 1215-0140.)

2. Withholding. HUD or its designee 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 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, 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.

3. Payrolls, records, and certifications.

(a) 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, their 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 (40 U.S.C. 3141(2)(B)(ii))), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 C.F.R. 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 (40 U.S.C.

3141(2)(B)(ii)), 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 1215-0140 and 1215-0017.)

(b) (i) 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 shall 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 C.F.R. 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 http://www.dol.gov/whd/forms/wh347.pdf 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 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 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 http://www.dol.gov/whd/forms/wh347.pdf records, without weekly submission to HUD or its designee. (Approved by the Office of Management and Budget under OMB Control Number 1215-0149.)

(ii) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the Contractor or subcontractor or their 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 C.F.R. 5.5(a)(3)(ii), the appropriate information is being maintained under 29 C.F.R. 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 C.F.R. 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.

(iii) 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 B.3.(ii)(b) of this Article.

(iv) 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

Sections 3801 et seq. of Title 31 of the United States Code.

(c) The Contractor or subcontractor shall make the records required under subparagraph

B.3.(i) of this Article available for inspection, copying, or transcription by authorized representatives of HUD or its designee 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, 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 C.F.R. 5.12.

4. Apprentices and Trainees.

(a) Apprentices. Apprentices shall be permitted to work at less than the predetermined rate for the work they perform 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, or with a State Apprenticeship Agency recognized by such Office, or if a person is employed in their first ninety (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, or a State Apprenticeship Agency

(where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeyman on the job site in any craft classification shall not be greater than the ratio permitted to the Contractor as to the entire workforce 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 the 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 journeyman 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, or a State Apprenticeship Agency recognized by such Office, withdraws approval of an apprenticeship program, the Contractor shall no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.

(b) Trainees. Except as provided in 29 C.F.R. 5.16, trainees shall 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 journeyman 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's 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 that 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 classification of 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 shall no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved.

5. Compliance with Copeland Act Requirements. The Contractor shall comply with the requirements of 29 C.F.R. Part 3, which are incorporated by reference in this Contract.

6. Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraphs 1 through 10 of this paragraph B and such other clauses as HUD or its designee may by appropriate instructions require, and a copy of the applicable prevailing wage determination, 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 Contract clauses referenced in this subparagraph.

7. Contract termination and debarment. A breach of the Contract clauses in 29 C.F.R. 5.5 may be grounds for termination of the Contract, and for debarment as a contractor or a subcontractor as provided in 29 C.F.R. 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 C.F.R. 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 Department of Labor set forth in 29 C.F.R. 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.

(a) 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 (40 U.S.C. 3144(b)(2)) or 29 C.F.R. 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 C.F.R. Part 24.

(b) 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 (40

U.S.C. 3144(b)(2)) or 29 C.F.R. 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 C.F.R. Part 24.

(c) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18

U.S.C. 1001. Additionally, U.S. Criminal Code, Section 1010, Title 18, U.S.C., “Federal Housing Administration transactions”, provides in part: “Whoever, for the purpose of . . . influencing in any way the action of such Department . . . makes, passes, utters or publishes any statement, knowing the same to be false . . . shall be fined under this title or imprisoned not more than two years, or both.”

C. Contract Work Hours and Safety Standards Act.

1. Applicability and Definitions.