Roseville City Hall Electrical Upgrade Specs_ 20250728.pdf

SPECIFICATIONS AND CONTRACT DOCUMENTS

FOR:

CITY OF ROSEVILLE

ROSEVILLE CITY HALL ELECTRICAL UPGRADES

AEW PROJECT NO. 0100-0570

OWNER:

CITY OF ROSEVILLE

29777 GRATIOT AVE.

ROSEVILLE, MICHIGAN 48066

586.726.1234 www.aewinc.com

ISSUED FOR BIDS:

JULY 24, 2025

i

DOCUMENT 00 01 00

TABLE OF CONTENTS

Number Section Name

Section 00 00 00 00 01 00 Table of Contents 00 20 00 Request for Proposals 00 21 13 Instructions to Bidders 00 30 00 Labor Standards Provisions for Federally Assisted Projects 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

Section 01 00 00 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

Section 02 00 00 02 41 19 Selective Building Demolition

End of Table of Contents ii

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ROSEVILLE CITY HALL

ELECTRICAL UPGRADES

AEW PROJECT #0100-0570 JULY 28, 2025

REQUEST FOR PROPOSALS 00 20 00 - 1

REQUEST FOR PROPOSAL

PROJECT OWNER

Roseville City Hall City of Roseville Electrical Upgrades 29777 Gratiot Ave, AEW Project No. 0100-0570 Roseville, MI 48066

LOCATION ARCHITECT/ENGINEER

Roseville City Hall AEW Inc.

29777 Gratiot Ave., 51301 Schoenherr Road Roseville, MI 48066 Shelby Township, Michigan 48315

(586) 726-1234

DESCRIPTION

The scope of work involved for this project is as follows:

• Adding occupancy sensor controls for open office lights and in select pri-vate offices

• Replacing existing lighting and receptacle panels

• Tracing all circuits served from panels noted to be replaced and providing detailed and accurate panel schedules for all panels reflecting the circuits served from the panels.

City Hall must remain in operation, normal business hours, Monday through Thurs-day and half day Friday (summer hours)

BID PROPOSAL SUMITTAL

Sealed proposals are invited for the Project and will be received at the Purchasing Department until 11:00 am, local time; August 28, 2025. Bids will be publicly opened and read aloud in the City Council Chambers immediately thereafter.

PRE-BID MEETING

A mandatory pre-bid meeting will be held at the project location at 11:00 a.m., August 13, 2025.

Pre-bid questions shall be submitted to the architect before August 21th, 2025 at 4:00 p.m., local time. Email all questions to: Brandy Chirco knye@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.

DOCUMENTS

REQUEST FOR PROPOSALS 00 20 00 - 2

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 July 28, 2025 after 4:00 pm, local time. Any and all Addenda issued by the architect must be viewed or downloaded from the above listed website.

STATE AND FEDERAL REQUIREMENTS

“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 con-sideration by a federal awarding agency, and

3. Provide a valid unique entity identifier in its application (e.g., provide its Unique Entity Identifier (UEI) number in each application or proposal it submits to the agency). Unique entity identifier means the identifier required for SAM regis-tration to uniquely identify business entities. 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 http://www.mitn.info/ http://sam.gov/ http://www.sam.gov./

REQUEST FOR PROPOSALS 00 20 00 - 3

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 Roseville”. Bids may not be withdrawn for a period of sixty (60) calendar days after receipt of bids. The successful bidder will be re-quired 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.

DATED: JULY 28, 2025 City of Roseville

REQUEST FOR PROPOSALS 00 20 00 - 4

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CITY HALL ELECTRICAL UPGRADES

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 April 24, 2025 after 4:00pm.

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.

INSTRUCTIONS TO BIDDERS 00 21 13 - 2

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 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.

INSTRUCTIONS TO BIDDERS 00 21 13 - 3

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.

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.

INSTRUCTIONS TO BIDDERS 00 21 13 - 4

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 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: Roseville City Hall Electrical Upgrades

REQUEST FOR PROPOSAL

City of Roseville

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.

INSTRUCTIONS TO BIDDERS 00 21 13 - 5

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.

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

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LABOR STANDARDS 00 30 00 - 0

SECTION 00 30 00

LABOR STANDARDS PROVISIONS FOR FEDERALLY ASSISTED PROJECTS

• Davis-Bacon Act

• Debarment/Suspension Certification*

• Prevailing Federal Wages, 2025 – 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

Previous editions obsolete Form HUD-4010, (10/2023) ref. Handbook 1344.1

HUD-4010 U.S. Department of Housing and Urban Development Federal Labor Standards Provisions 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 and fringe benefits

i. All laborers and mechanics employed or working upon the site of the work (or otherwise working in construction or development of the project under a development statute), 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 basic hourly 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. As provided in 29 CFR 5.5(d) and (e), the appropriate wage determinations are effective by operation of law even if they have not been attached to the contract. Contributions made or costs reasonably anticipated for bona fide fringe benefits under the Davis-Bacon Act (40 U.S.C. 3141(2)(B)) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (a)(1)(v) of these contract clauses; 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 must be paid the appropriate wage rate and fringe benefits on the wage determination for the classification(s) 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 classifications and wage rates conformed under 29 CFR 5.5(a)(1)(iii)) and the Davis-Bacon poster (WH-1321) must 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. Frequently recurring classifications A. In addition to wage and fringe benefit rates that have been determined to be prevailing under the procedures set forth in 29 CFR part 1, a wage determination may contain, pursuant to § 1.3(f), wage and fringe benefit rates for classifications of laborers and mechanics for which conformance requests are regularly submitted pursuant to 29 CFR 5.5(a)(1)(iii), provided that:

1. The work performed by the classification is not performed by a classification in the wage determination for which a prevailing wage rate has been determined;

2. The classification is used in the area by the construction industry; and

3. The wage rate for the classification bears a reasonable relationship to the prevailing wage rates contained in the wage determination.

B. The Administrator will establish wage rates for such classifications in accordance with 29 CFR

5.5(a)(1)(iii)(A)(3). Work performed in such a classification must be paid at no less than the wage and fringe benefit rate listed on the wage determination for such classification.

iii. Conformance A. The contracting officer must 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 be classified in conformance with the wage determination. Conformance of an additional classification and wage rate and fringe benefits is appropriate 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 used 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. The conformance process may not be used to split, subdivide, or otherwise avoid application of classifications listed in the wage determination.

C. 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 will be sent by the contracting officer by email to DBAconformance@dol.gov. 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.

D. 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 will, by email to DBAconformance@dol.gov, 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–day period that additional time is necessary.

E. The contracting officer must promptly notify the contractor of the action taken by the Wage and Hour Division under 29 CFR 5.5 (a)(1)(iii)(C) and (D). The contractor must furnish a written copy of such determination to each affected worker or it must be posted as a part of the wage determination. The wage rate (including fringe benefits where appropriate) determined pursuant to 29 CFR 5.5 (a)(1)(iii)(C) or (D) must 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.

iv. Fringe benefits not expressed as an hourly rate 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 may either pay the benefit as stated in the wage determination or may pay another bona fide fringe benefit or an hourly cash equivalent thereof.

v. Unfunded plans 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, in accordance with the criteria set forth in 29 CFR 5.28, 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.

vi. Interest In the event of a failure to pay all or part of the wages required by the contract, the contractor will be required to pay interest on any underpayment of wages.

mailto:DBAconformance@dol.gov mailto:DBAconformance@dol.gov

2. Withholding

i. Withholding requirements

The U. S. Department of Housing and Urban Development may, upon its own action, or must, upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be considered necessary to satisfy the liabilities of the prime contractor or any subcontractor for the full amount of wages and monetary relief, including interest, required by the clauses set forth in 29 CFR 5.5(a) for violations of this contract, or to satisfy any such liabilities required by any other Federal contract, or federally assisted contract subject to Davis-Bacon labor standards, that is held by the same prime contractor (as defined in 29 CFR 5.2). The necessary funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract that is subject to Davis-Bacon labor standards requirements and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the contractor liability for which the funds were withheld. In the event of a contractor’s failure to pay any laborer or mechanic, including any apprentice or helper working on the site of the work (or otherwise working in construction or development of the project under a development statute) all or part of the wages required by the contract, or upon the contractor’s failure to submit the required records as discussed in 29 CFR 5.5(a)(3)(iv), HUD may on its own initiative and after written notice to the contractor, sponsor, applicant, owner, or other entity, as the case may be, 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.

ii. Priority to withheld funds The Department has priority to funds withheld or to be withheld in accordance with 29 CFR 5.5(a)(2)(i) or (b)(3)(i), or both, over claims to those funds by:

A. A contractor’s surety(ies), including without limitation performance bond sureties and payment bond sureties;

B. A contracting agency for its reprocurement costs;

C. A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor’s bankruptcy estate;

D. A contractor’s assignee(s);

E. A contractor’s successor(s); or F. A claim asserted under the Prompt Payment Act, 31 U.S.C. 3901-3907.

3. Records and certified payrolls

i. Basic record requirements

A. Length of record retention. All regular payrolls and other basic records must be maintained by the contractor and any subcontractor during the course of the work and preserved for all laborers and mechanics working at the site of the work (or otherwise working in construction or development of the project under a development statute) for a period of at least 3 years after all the work on the prime contract is completed.

B. Information required Such records must contain the name; Social Security number; last known address, telephone number, and email address of each such worker; each worker’s correct classification(s) of work actually performed; 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 40 U.S.C. 3141(2)(B) of the Davis-Bacon Act); daily and weekly number of hours actually worked in total and on each covered contract; deductions made; and actual wages paid.

C. Additional records relating to fringe benefits. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(v) 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 40 U.S.C. 3141(2)(B) of the Davis-Bacon Act, the contractor must 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.

D. Additional records relating to apprenticeship Contractors with apprentices working under approved programs must maintain written evidence of the registration of apprenticeship programs, the registration of the apprentices, and the ratios and wage rates prescribed in the applicable programs.

ii. Certified payroll requirements A. Frequency and method of submission The contractor or subcontractor must submit weekly, for each week in which any DBA- or Related Acts-covered work is performed, certified payrolls to HUD if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the certified payrolls to the applicant, sponsor, owner, or other entity, as the case may be, that maintains such records, for transmission to HUD. The prime contractor is responsible for the submission of all certified payrolls by all subcontractors. A contracting agency or prime contractor may permit or require contractors to submit certified payrolls through an electronic system, as long as the electronic system requires a legally valid electronic signature; the system allows the contractor, the contracting agency, and the Department of Labor to access the certified payrolls upon request for at least 3 years after the work on the prime contract has been completed; and the contracting agency or prime contractor permits other methods of submission in situations where the contractor is unable or limited in its ability to use or access the electronic system

B. Information required The certified payrolls submitted must set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i)(B), except that full Social Security numbers and last known addresses, telephone numbers, and email addresses must not be included on weekly transmittals. Instead, the certified payrolls need only include an individually identifying number for each worker (e.g., the last four digits of the worker’s Social Security number). The required weekly certified payroll information may be submitted using Optional Form WH-347 or in any other format desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at https://www.dol.gov/ sites/dolgov/files/WHD/legacy/files/wh347.pdf or its successor website. It is not a violation of this section for a prime contractor to require a subcontractor to provide full Social Security numbers and last known addresses, telephone numbers, and email addresses to the prime contractor for its own records, without weekly submission by the subcontractor to the sponsoring government agency (or the applicant, sponsor, owner, or other entity, as the case may be, that maintains such records).

C. Statement of Compliance Each certified payroll submitted must be accompanied by a “Statement of Compliance,” signed by the contractor or subcontractor, or the contractor’s or subcontractor’s agent who pays or supervises the payment of the persons working on the contract, and must certify the following:

1. That the certified payroll for the payroll period contains the information required to be provided under 29 CFR 5.5(a)(3)(ii), the appropriate information and basic records are being maintained under 29 CFR 5.5 (a)(3)(i), and such information and records are correct and complete;

2. That each laborer or mechanic (including each helper and apprentice) working 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 https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/wh347.pdf https://or/ https://or/ from the full wages earned, other than permissible deductions as set forth in 29 CFR part 3;

and

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(s) of work actually performed, as specified in the applicable wage determination incorporated into the contract.

D. Use of Optional Form WH-347 The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 will satisfy the requirement for submission of the “Statement of Compliance” required by 29 CFR 5.5(a)(3)(ii)(C).

E. Signature The signature by the contractor, subcontractor, or the contractor’s or subcontractor’s agent must be an original handwritten signature or a legally valid electronic signature.

F. Falsification The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 3729.

G. Length of certified payroll retention The contractor or subcontractor must preserve all certified payrolls during the course of the work and for a period of 3 years after all the work on the prime contract is completed.

iii. Contracts, subcontracts, and related documents The contractor or subcontractor must maintain this contract or subcontract and related documents including, without limitation, bids, proposals, amendments, modifications, and extensions. The contractor or subcontractor must preserve these contracts, subcontracts, and related documents during the course of the work and for a period of 3 years after all the work on the prime contract is completed.

iv Required disclosures and access A. Required record disclosures and access to workers The contractor or subcontractor must make the records required under 29 CFR 5.5(a)(3)(i)–(iii), and any other documents that HUD or the Department of Labor deems necessary to determine compliance with the labor standards provisions of any of the applicable statutes referenced by 29 CFR 5.1, available for inspection, copying, or transcription by authorized representatives of HUD or the Department of Labor, and must permit such representatives to interview workers during working hours on the job.

B. Sanctions for non-compliance with records and worker access requirements If the contractor or subcontractor fails to submit the required records or to make them available, or refuses to permit worker interviews during working hours on the job, the Federal agency may, after written notice to the contractor, sponsor, applicant, owner, or other entity, as the case may be, that maintains such records or that employs such workers, 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, or to permit worker interviews during working hours on the job, may be grounds for debarment action pursuant to 29 CFR 5.12. In addition, any contractor or other person that fails to submit the required records or make those records available to WHD within the time WHD requests that the records be produced will be precluded from introducing as evidence in an administrative proceeding under 29 CFR part 6 any of the required records that were not provided or made available to WHD. WHD will take into consideration a reasonable request from the contractor or person for an extension of the time for submission of records. WHD will determine the reasonableness of the request and may consider, among other things, the location of the records and the volume of production.

C. Required information disclosures Contractors and subcontractors must maintain the full Social Security number and last known address, telephone number, and email address of each covered worker, and must provide them upon request to HUD if the agency is a party to the contract, or to the Wage and Hour Division of the Department of Labor. If the Federal agency is not such a party to the contract, the contractor, subcontractor, or both, must, upon request, provide the full Social Security number and last known address, telephone number, and email address of each covered worker to the applicant, sponsor, owner, or other entity, as the case may be, that maintains such records, for transmission to HUD, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or other compliance action.

4. Apprentices and equal employment opportunity

i. Apprentices

A. Rate of pay Apprentices will 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 (OA), or with a State Apprenticeship Agency recognized by the OA. A person who is not individually registered in the program, but who has been certified by the OA or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice, will be permitted to work at less than the predetermined rate for the work they perform in the first 90 days of probationary employment as an apprentice in such a program. In the event the OA or a State Apprenticeship Agency recognized by the OA withdraws approval of an apprenticeship program, the contractor will no longer be permitted to use apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.

B. Fringe benefits Apprentices must 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, fringe benefits must be paid in accordance with that determination.

C. Apprenticeship ratio The allowable ratio of apprentices to journeyworkers on the job site in any craft classification must not be greater than the ratio permitted to the contractor as to the entire work force under the registered program or the ratio applicable to the locality of the project pursuant to 29 CFR 5.5(a)(4)(i)(D). Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated in 29 CFR 5.5(a)(4)(i)(A), must 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 this section must be paid not less than the applicable wage rate on the wage determination for the work actually performed.

D. Reciprocity of ratios and wage rates Where a contractor is performing construction on a project in a locality other than the locality in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyworker’s hourly rate) applicable within the locality in which the construction is being performed must be observed. If there is no applicable ratio or wage rate for the locality of the project, the ratio and wage rate specified in the contractor’s registered program must be observed.

ii Equal employment opportunity The use of apprentices and journeyworkers under this part must 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 must insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (11), along with the applicable wage determination(s) and such other clauses or contract modifications as the U.S. Department of Housing and Urban Development may by appropriate instructions require, and a clause requiring the subcontractors to include these clauses and wage determination(s) in any lower tier subcontracts. The prime contractor is responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in this section. In the event of any violations of these clauses, the prime contractor and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lower-tier subcontractors, and may be subject to debarment, as appropriate.

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 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 the contracting agency, 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 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 40 U.S.C. 3144(b) or 29 CFR 5.12(a).

ii. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of 40 U.S.C. 3144(b) or 29 CFR 5.12(a).

iii. The penalty for making false statements is prescribed in the U.S. Code, Title 18 Crimes and Criminal Procedure, 18 U.S.C. 1001.

11 Anti-retaliation It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for:

i. Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the DBA, Related Acts, or 29 CFR parts 1, 3, or 5;

ii. Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under the DBA, Related Acts, or 29 CFR parts 1, 3, or 5;

iii. Cooperating in any investigation or other compliance action, or testifying in any proceeding under the DBA, Related Acts, or 29 CFR parts 1, 3, or 5; or

iv. Informing any other person about their rights under the DBA, Related Acts, or 29 CFR parts 1, 3, or 5.

B. Contract Work Hours and Safety Standards Act (CWHSSA) The Agency Head must cause or require the contracting officer to insert the following clauses set forth in 29 CFR 5.5(b)(1), (2), (3), (4), and (5) in full, or (for contracts covered by the Federal Acquisition Regulation) by reference, in any contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses must be inserted in addition to the clauses required by 29 CFR 5.5(a) or 4.6. As used in this paragraph, the terms “laborers and mechanics” include watchpersons 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 he or she is employed on such work to work in excess of forty 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 forty hours in such workweek.

2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in 29 CFR 5.5(b)(1) the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages and interest from the date of the underpayment. 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 watchpersons and guards, employed in violation of the clause set forth in 29 CFR 5.5(b)(1), in the sum of $31 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in 29 CFR 5.5(b)(1).

3. Withholding for unpaid wages and liquidated damages

i. Withholding process The U.S Department of Housing and Urban Development or the recipient of

Federal assistance may, upon its own action, or must, upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be considered necessary to satisfy the liabilities of the prime contractor or any subcontractor for any unpaid wages; monetary relief, including interest; and liquidated damages required by the clauses set forth in 29 CFR 5.5(b) on this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract subject to the Contract Work Hours and Safety Standards Act that is held by the same prime contractor (as defined in 29 CFR 5.2). The necessary funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract that is subject to the Contract Work Hours and Safety Standards Act and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the contractor liability for which the funds were withheld.

ii Priority to withheld funds The Department has priority to funds withheld or to be withheld in accordance with 29 CFR 5.5(a)(2)(i) or (b)(3)(i), or both, over claims to those funds by:

A. A contractor’s surety(ies), including without limitation performance bond sureties and payment bond sureties;

B. A contracting agency for its reprocurement costs;

C. A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor’s bankruptcy estate;

D. A contractor’s assignee(s);

E. A contractor’s successor(s); or F. A claim asserted under the Prompt Payment Act, 31 U.S.C. 3901-3907.

4. Subcontracts. The contractor or subcontractor must insert in any subcontracts the clauses set forth in 29 CFR 5.5(b)(1) through (5) and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor is responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in 29 CFR 5.5(b)(1) through (5). In the event of any violations of these clauses, the prime contractor and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lower-tier subcontractors, and associated liquidated damages and may be subject to debarment, as appropriate.

5 Anti-retaliation It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for:

i. Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the Contract Work Hours and Safety Standards Act (CWHSSA) or its implementing regulations in 29 CFR part 5;

ii. Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under CWHSSA or 29 CFR part 5;

iii. Cooperating in any investigation or other compliance action, or testifying in any proceeding under CWHSSA or 29 CFR part 5; or

iv. Informing any other person about their rights under CWHSSA or 29 CFR part 5.

C. CWHSSA required records clause In addition to the clauses contained in 29 CFR 5.5(b), in any contract subject only to the Contract Work Hours and Safety Standards Act and not to any of the other laws referenced by 29 CFR 5.1, the Agency Head must cause or require the contracting officer to insert a clause requiring that the contractor or subcontractor must maintain regular payrolls and other basic records during the course of the work and must preserve them for a period of 3 years after all the work on the prime contract is completed for all laborers and mechanics, including guards and watchpersons, working on the contract. Such records must contain the name; last known address, telephone number, and email address; and social security number of each such worker; each worker’s correct classification(s) of work actually performed; hourly rates of wages paid; daily and weekly number of hours actually worked; deductions made and actual wages paid.