trenton Print - Architectural design and consulting services for the Trenton Carver Center Building 40 Fowler St_.pdf

Architectural design and consulting services for the Trenton Carver Center Building 40 Fowler St.

Solicitation for request for proposals

Architectural design and consulting services for the Trenton Carver Center Building 40 Fowler St.

Through a fair and open process in accordance with 2 CFR Part 200 and N.J.S.A. 19:44A-20.4 et seq.

For

For a period of one (1) year

For the

City of Trenton Department of Health and Human Services

[City of Trenton seal]

To be received on:

November 5, 2026, at 11:00am

Division of Purchasing

RFP2026-31

This contract is being funded in whole or in part by the Community Development Block Grant Program (CDBG), provided by the U.S. Department of Housing and Urban Development (HUD). All federal CDBG requirements will apply to the contract. MBE/WBE firm or individuals and DBE firms or individuals are highly encouraged to apply.

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Proposer checklist

Required with submission of proposal

The following checklist is provided to assist in developing the proposal response. It does not supersede or replace the proposal requirements. Please initial each line to attest that you have read and/or included the document with your proposal.

Document or section Must read and initial

A. City of Trenton acknowledgment of receipt of addenda (Mandatory)

B. Statement of ownership disclosure (Mandatory)

C. Non-collusion affidavit (Mandatory)

D. Mandatory equal employment opportunity language, Exhibit A (Mandatory)

E. Affirmative action regulations questionnaire (Mandatory)

F. Americans with Disabilities Act of 1990 (Mandatory)

G. Certification of non-debarment for federal government contracts (Mandatory)

H. Political contribution disclosure form (Mandatory)

I. Disclosure of invested activities in Iran (Prior to award)

J. Prohibited invested activities in Russia and Belarus (Prior to award)

K. New Jersey business registration certificate (Prior to award)

L. Three (3) references required

M. Ethics complaint disclosure

N. City of Trenton resident employment policy

O. Proposal page (Mandatory)

Pages must be one-sided. Do not bind. Proposers must not change any forms.

Proposers should visit the City of Trenton’s procurement website before submitting a sealed proposal to check for changes, addenda, and cancellations: www.trentonnj.org/bids.

Legal advertisements are posted on the City’s procurement website at www.trentonnj.org/bids.

RFP2026-31 Architectural design and consulting services for the Trenton Carver Center Building, 40 Fowler St., for a period of one (1) year for the City of Trenton, Department of Health and Human Services. RFP opening date: 11/5/2026 at 11:00

AM.

Respondent’s price proposal required in a separate sealed envelope – “Proposal”

Federal Contract Provisions Certification System for Award Management Certification Regarding Lobbying

RFP2026-3 | Architectural design and consulting services for the Trenton Carver Center Building, 40 Fowler St., for a period of one (1) year for the City of Trenton, Department of Health and Human Services – RFP opening date 11/5/2026 at 11:00

AM

Table of content

Check list Table of content Legal advertisement Register to do business with the City of Trenton Procurement forms

City of Trenton acknowledgment of receipt of addenda Statement of ownership disclosure Non-collusion affidavit Required evidence affirmative action regulations Equal employment opportunity language (Exhibit A) Americans with Disabilities Act of 1990 Certification of non-debarment for federal government contracts Political contribution disclosure form Disclosure of investment activities in Iran Certification of non-involvement in prohibited activities in Russia or Belarus New Jersey business registration certificate

Instructions for proposers City of Trenton resident employment policy City of Trenton ethics complaint disclosure Scope of services Proposal

Pages must be one-sided – do not bind

Please submit one (1) original signed copy and two (2) additional copies

Purchasing website. Proposers may visit the City of Trenton’s Procurement Website prior to submitting their sealed proposal for any changes, addendums and cancellations.

RFP2026-31 Architectural design and consulting services for the Trenton Carver Center Building 40 Fowler St. For a period of one (1) year for the City of Trenton, Department of Health and Human Services - RFP opening date 11/5/2026 at

11:00AM

City of Trenton notice of request for proposals

CITY OF TRENTON

NOTICE OF REQUEST FOR PROPOSALS

RFP2026-31

The City of Trenton is soliciting proposals through a fair and open process in accordance with N.J.S.A. 19:44A-20.4 et seq. for:

ARCHITECTURAL DESIGN AND CONSULTING SERVICES

FOR THE

https://www.trentonnj.org/bids https://www.trentonnj.org/bids

TRENTON CARVER CENTER BUILDING, 40 FOWLER, TRENTON, NJ

This contract is being funded in whole or in part by the Community Development Block Grant Program (CDBG), provided by the U.S. Department of Housing and Urban Development (HUD). All federal CDBG requirements will apply to the contract. MBE/WBE firm or individuals and DBE firms or individuals are highly encouraged to apply.

PROPOSERS SHALL LOG ON TO A VIRTUAL PROPOSAL OPENING ON NOVEMBER 5, 2026, AT 11:00AM TO:

https://www.zoomgov.com/j/1653888789?pwd=6DUvTXv7EG6eHVaTQzUNGXmms7Myyn.1

This contract is being funded in whole or in part by the Community Development Block Grant Program (CDBG), provided by the U.S. Department of Housing and Urban Development (HUD). All federal CDBG requirements will apply to the contract. MBE/WBE firm or individuals and DBE firms or individuals are highly encouraged to apply.

The City of Trenton requires submission prior to NOVEMBER 5, 2026, AT 11:00 AM in City Hall Annex, Division of Purchasing, 1st floor, 319 East State Street, Trenton, New Jersey, 08608 to Ms. Isabel C. Garcia, QPA, Purchasing Agent, Division of Purchasing, 319 East State Street, Trenton, NJ 08608.

Scope of Services, Requirements, Evaluation Criteria and other proposal information may be obtained on the City of Trenton’s Procurement Website at www.trentonnj.org/bids.

Proposers may visit the City of Trenton’s website for any addenda/notices issued prior to the request for proposal opening date at www.trentonnj.org/bids

Proposers shall comply with the requirements of P.L. 1975 C127. (N.J.S.A. 17:27et seq.)

City of Trenton 609-989-3139 Isabel C. Garcia, QP

RFP2026-31 ARCHITECTURAL DESIGN AND CONSULTING SERVICES FOR THE TRENTON CARVER CENTER BUILDING 40 FOWLER ST. FOR A PERIOD OF ONE (1) YEAR FOR THE CITY OF TRENTON, DEPARTMENT OF

HEALTH AND HUMAN SERVICES - RFP OPENING DATE 11/5/2026 AT 11:00AM

Build America, Buy America Act (BABAA)

The Build America, Buy America Act (BABAA) was signed into law in November 2021 as part of the Infrastructure Investment and Jobs Act.

BABAA establishes a domestic content procurement preference known as the “Buy America Preference” (BAP) for Federal infrastructure spending. In general, BAP requires that all iron, steel, manufactured products, and construction materials used in infrastructure projects funded with Federal financial assistance (FFA) must be produced in the United States, unless a waiver is in place requiring otherwise. Bidders shall submit evidence of materials produced in the United States as part of the submission.

Babaa clause for the procurement documents and contracts

All Build America, Buy America (BABAA) covered contracts and subcontracts, procurement documents and solicitations must include the following clause:

Contractor shall comply with the Build America, Buy America Act Section 70912, enacted as part of the Infrastructure Investment and Jobs Act (IIJA). Pub. L. 117-58. The Act establishes domestic content procurement preference for infrastructure projects. (1) All iron and steel used in the project are produced in the United States. This means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) All manufactured products and construction materials used in the project are produced in the United States. This means the manufactured product was manufactured in the United States, and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation. 5 IIJA, § 70923(a) & (b)(1). 6 OMB Memorandum M-21-26, Increasing Opportunities for Domestic Sourcing and Reducing the Need for Waivers from Made in America Laws available at: www.whitehouse.gov/wp-content/uploads/2020/11/M-21-06.pdf 7 For the purposes of this guidance, a “Buy America” preference is a domestic content procurement preference as defined in IIJA, § 70912(2). 8 IIJA, § 70912 (5) & (7). 9 See Appendix I: Example of Award Term - Required Use of American Iron, Steel, Manufactured Products, and Construction Materials. 2 (3) All construction materials are manufactured in the United States. This means that all manufacturing processes for the construction material occurred in the United States.

BABAA bidder’s certification Attach this form to all bids for all HUD-assisted funding infrastructure projects.

Project and bidder information

Project name Bidder company name Bidder company address

Purpose: This Bidder Certification Form is used to certify that, as required by federal law, materials listed in the attached bid(s) meet the requirements of the Build America, Buy America Act (BABAA), also known as the Buy America Program

(BAP).

The undersigned certifies that the iron, steel, manufactured products, and construction materials used in any contract awarded under this bid proposal will meet BABAA requirements (if applicable), including:

Materials certification

Iron and Steel: All iron and steel used in the project are produced in the United States, meaning that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.

https://www.zoomgov.com/j/1653888789?pwd=6DUvTXv7EG6eHVaTQzUNGXmms7Myyn.1 http://www.trentonnj.org/bids http://www.trentonnj.org/bids http://www.whitehouse.gov/wp-content/uploads/2020/11/M-21-06.pdf

Construction Materials: (Not applicable for 2023 and earlier funding) All construction materials are manufactured in the United States, meaning that all manufacturing processes for the construction material occurred in the United States.

Minor additions of materials or binding agents to a construction material do not change the categorization of the material.

Manufactured Products: (Not applicable to 2024 and earlier funding) All manufactured products were produced in the United States. To be considered produced in the United States, the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55% of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation.

As a bidder for the project, I hereby certify that I have read, understand, and will comply with the Build America, Buy America provisions as required by federal law and that the materials in the attached bid meet the requirements of the Build America, Buy America Act and accompanying guidance. Furthermore, I understand that BABAA provisions apply to any and all portions of this project, including subcontracted portions.

I also agree to provide a completed and signed BABAA Contractor/Subcontractor Certification with each payment request to the Municipality/Agency along with documentation verifying the material meets all requirements of BABAA.

I understand that a false statement on this certification may be grounds for rejection or termination of any contract.

Contractor certification

Contractor name Contractor signature Date mm/dd/yyyy

Page | 51

Attachment L – BABAA contractor/subcontractor certification Project name Contractor/subcontractor name Contract number Contractor/subcontractor address Invoiced period Invoiced amount

Purpose: This Contractor Buy America Certification form is used to certify that, as required by federal law, materials listed meet the requirements of the Build America, Buy America Act (BABAA), also known as the Buy America Program (BAP).

Contractors and subcontractors must complete and sign a copy of this form and submit it with each payment request to the municipality or agency, along with receipts and/or other documentation showing evidence of BABAA compliance. Evidence includes, but is not limited to, Made in the USA labels or product details information labels with country of origin, or manufacturer certification letters that confirm products used for the infrastructure project comply with BABAA. Letters may include project name and location, contract/project number, description of products, and location of production.

The undersigned certifies that the iron, steel, manufactured products, and construction materials used in this contract are in full compliance with the BABAA requirements (if applicable), including:

Applicable BABAA requirements

Iron and steel: All iron and steel used in the project are produced in the United States, meaning that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.

Construction materials: (Not applicable to 2023 and earlier projects) All construction materials are manufactured in the United States, meaning that all manufacturing processes for the construction material occurred in the United States.

Minor additions of materials or binding agents to a construction material do not change the categorization of the material.

Manufactured products: (Not applicable to 2024 and earlier projects) All manufactured products were produced in the United States. To be considered produced in the United States, the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55% of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation.

I certify that in accordance with the BABAA requirements and absent an applicable waiver, all of the iron, steel, manufactured products, and construction materials used were produced in the United States.

Authorized representative (name) Signature Date mm/dd/yyyy Page | 52

OMB Number: 4040-0013 Expiration Date: 06/30/2028

Certification regarding lobbying

Certification for Contracts, Grants, Loans, and Cooperative Agreements

The undersigned certifies, to the best of his or her knowledge and belief, that:

(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in accordance with its instructions.

(3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

Statement for Loan Guarantees and Loan Insurance

The undersigned states, to the best of his or her knowledge and belief, that:

If any funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this commitment providing for the United States to insure or guarantee a loan, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. Submission of this statement is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required statement shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

Applicant's organization (required)

Printed name and title of authorized representative

Prefix First name (required) Middle name Last name (required) Suffix

Title (required)

Signature (completed on submission to Grants.gov)

Completed on submission to Grants.gov

Date (completed on submission to Grants.gov)

Completed on submission to Grants.gov

Additional content from previous item (C):

A. (A) Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908 , must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate.

B. (B) All contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be effected and the basis for settlement.

1. 1. Termination of Contract for Cause. If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations under this Contract, or if the Contractor shall violate any of the covenants, agreements, or stipulations of this Contract, the Public Body shall thereupon have the right to terminate this Contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least five days before the effective date of such termination. In such event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by the Contractor under this Contract shall, at the option of the Public Body, become its property and the Contractor shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder.

Notwithstanding the above, the Contractor shall not be relieved of liability to the Public Body for damages sustained by the Public Body by virtue of any breach of the Contract by the Contractor, and the Public Body may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the Public Body from the Contractor is determined.

2. 2. Termination for Convenience of the Public Body. The Public Body may terminate this Contract at any time by giving at least ten (10) days notice in writing to the Contractor. If the Contract is terminated by the Public Body as provided herein, the Contractor will be paid for the time provided and expenses incurred up to the termination date. If this Contract is terminated due to the fault of the Contractor, Paragraph 1 hereof relative to termination shall apply.

C. (C) Equal Employment Opportunity. (applicable to all construction contracts over $10,000)

During the performance of this Contract, the Contractor agrees to comply with Executive Order 11246 of September 24, 1965, entitled “Equal Employment Opportunity,” as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60) as follows:

a. a. The Contractor will not discriminate against any employee or applicant for employment because of race, religion, sex, color, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, religion, sex, color, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for

Additional content from previous item (a): employment, notices to be provided by the Public Body setting forth the provisions of this nondiscrimination clause.

b. The Contractor will, in all solicitation or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, religion, color, sex, or national origin.

c. The Contractor will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Contract so that such provisions will be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contract or subcontracts for standard commercial supplies or raw materials.

https://www.law.cornell.edu/uscode/text/41/1908

Title VI of the Civil Rights Act of 1964. No person shall, on the grounds of race, color or national origin be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with Federal funds.

Section 109 of the Housing and Community Development Act of 1974. No person in the United States shall on the grounds of race, color, national origin or sex be excluded from participation in, or be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title.

(D) Davis-Bacon Act, as amended (40 U.S.C. 3141- 3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis- Bacon Act (40 U.S.C. 3141- 3144) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). Attach HUD form 4010 Federal Labor Standards Provisions

(E) Contract Work Hours and Safety Standards Act applicable to contracts in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

(F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding agreement” under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.

(G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended -

Compliance with the applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738 and Environmental Protection Agency regulations (40 CFR Part 15) is required for all contracts, subcontracts and subgrants of amounts in excess of $150,000. For all such Contracts, all Contractors and subcontractors agree to the following requirements:

a. A stipulation by the Contractor or subcontractors that any facility to be utilized in the performance of any non-exempt contract or subcontract is not listed on the List of Violating Facilities issued by the Environmental Protection Agency (EPA) pursuant to 40 CFR 15.20.

b. Agreement by the Contractor to comply with all the requirements of Section 114 of the Clean Air Act, as amended, (42 U.S.C. 1857c-8) and Section 308 of the Federal Water Pollution Control Act, as amended, (33 U.S.C. 1318) relating to inspection, monitoring, entry, reports and information, as well as all other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder.

c. A stipulation that as a condition for the award of the Contract, prompt notice will be given of any notification received from the Director, Office of Federal Activities, EPA indicating that a facility utilized or to be utilized for the Contract is under consideration to be listed on the EPA List of Violating Facilities.

d. Agreement by the Contractor that he will include or cause to be included the criteria and requirements in paragraph (a) through (d) of this section in every nonexempt subcontract and requiring that the Contractor will take such action as the Government may direct as a means of enforcing such provision.

In no event shall any amount of the assistance provided under this Agreement be utilized with respect to a facility which has given rise to a conviction under Section 113(c)(1) of the Clean Air Act or Section 309(c) of the Federal Water Pollution Control Act.

(H) Debarment and Suspension (Executive Orders 12549 and 12689)

A contract award (see 2 CFR 180.220) must not be made to parties listed on the government-wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Use www.SAM.gov

(I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) - Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.

(J) Procurement of recovered materials.

Contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

(K) Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1801 u).

This agreement is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1801 u) as amended. The Section 3 clause provides:

https://www.law.cornell.edu/uscode/text/40/ https://www.law.cornell.edu/uscode/text/40/3141 https://www.law.cornell.edu/uscode/text/40/3148 https://www.law.cornell.edu/uscode/text/40/ https://www.law.cornell.edu/uscode/text/40/3141 https://www.law.cornell.edu/uscode/text/40/3144 https://www.law.cornell.edu/cfr/text/29/part-5 https://www.law.cornell.edu/cfr/text/37/401.2 https://www.law.cornell.edu/cfr/text/37/part-401 https://www.law.cornell.edu/uscode/text/42/ https://www.law.cornell.edu/uscode/text/42/7401 https://www.law.cornell.edu/uscode/text/42/7671q https://www.law.cornell.edu/uscode/text/33/ https://www.law.cornell.edu/uscode/text/33/1251 https://www.law.cornell.edu/uscode/text/33/1387 https://www.law.cornell.edu/cfr/text/2/180.220%29 https://www.law.cornell.edu/cfr/text/2/180 https://www.law.cornell.edu/cfr/text/3/part-1986 https://www.law.cornell.edu/cfr/text/3/part-1989 http://api.fdsys.gov/link?collection=cpd&doctype=executiveorder&docnum=12549&link-type=html http://www.sam.gov/ https://www.law.cornell.edu/uscode/text/31/1352

Every applicant, recipient, contracting party, contractor and subcontractor shall incorporate, or cause to be incorporated, in all contracts for work in connection with a Section 3 covered project, the following clause (referred to as a Section 3 clause):

A. The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u. The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by section 3, shall to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing.

B. The parties to the contract agree to comply with HUD's regulations in 24 CFR Part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations.

C. The Contractor agrees send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the said labor organization or workers' representative of contractor's commitments under this Section 3 clause and will post copies of the notice in conspicuous places available to at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the sections 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each, and the name and location of the person(s) taking applications for each of the positions and the anticipated date the work shall begin.

D. The Contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135.

E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR Part 135.

F. Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts.

Reference: Appendix II to Part 200 - Contract Provisions for Non-Federal Entity Contracts Under Federal Awards

Labor Standards- Davis-Bacon and Other Related Acts Compliance and Reporting

Labor Standards-Davis Bacon and Other Related Acts

The HUD requirement for Davis-Bacon Act and Other Labor Standards can be found at 24 CFR Part 570.603. https://www.ecfr.gov/cgi-bin/text-idx?node=pt24.3.570&rgn=div5#se24.3.570_1603

Davis Bacon Act

Davis-Bacon prevailing wage requirements apply to construction activities that exceed the $2,000 minimum contracted labor and when construction is carried out by contractors. Prevailing wages does not apply to projects where construction is completed by the employees of the grantee (force account labor), or when the construction is for the rehabilitation of residential units with less than 8 units. For the St. Johns County CDBG-DR projects, the Davis-Bacon wage requirements applies to all infrastructure projects and the new construction of multi-family rental units.

Copeland Anti-Kickback Act

Employees must be paid weekly, deductions must be permissible, and payrolls must be submitted weekly by the contractor.

Contract Work Hours and Safety Standards Act

Applies to contracts over $100,000 and requires that employees are paid overtime for all hours over 40 at time and one-half pay. Contractors that violate this requirement may be required to pay a penalty of $10 per day for each violation.

Section 3

Requires opportunities for training and employment to low income residents that reside in the project area, and award of contracts to businesses that provide employment opportunities to low-and very-low income residents.

Labor Standards Compliance Requirements- Bidding

The procurement process needs to include any applicable labor standards and the most current wage determination in the bid documents and contract. Wage determinations have moved from the Department of Labor site to the Sam.gov site https://beta.sam.gov/search?index=wd There are 4 categories of wage determinations, and the correct one for the geographical area of the project location must be used as follows:

a. Multi-family residential project- Residential wage determination (if the project design results in the construction of apartment buildings higher than 4 stories, the Building wage determination

Infrastructure projects- Heavy wage determination https://www.ecfr.gov/cgi-bin/text-idx?node=pt24.3.570&rgn=div5#se24.3.570_1603 https://beta.sam.gov/search?index=wd

The St. Johns County project does not currently have any road projects requiring the Highway wage determination

Any job classification not appearing on the wage determination for a project will require a written request for an additional classification and corresponding wage rate. The contractor is responsible for notifying the County of the need for an additional classification.

The wage determination in the bid documents may be modified up to 10 days prior to the bid due date, notification to the potential bidders must be done in accordance with the County’s purchasing policy.

If construction does not begin within 90 days of the award to the contractor, a review for any modifications to the wage determination must be completed. The contractor will be required to pay prevailing wages according to the new wage determination.

Enforcement of Labor Standards- Responsibility of Grant Recipient

St. Johns County is required to enforce the labor standards throughout the construction activity of the project, including:

Pre-construction conference- Not mandatory but is considered a best practice as it’s an opportunity to provide guidance and set expectations of contractor compliance

Establish that payrolls must be submitted weekly by the prime contractor Provide guidance on wage rates, weekly pay, overtime pay requirements and payroll deductions Explain the employee interview process Require posting by contractor of required notices- poster needs to be updated to include the County’s contact for employees to notify of any violations of these labor standards (see poster attached to this guidance).

Notice to Proceed- establishes the construction start date and initiates requirement for weekly payroll submissions Payroll Review- Contractor is required to submit signed weekly payrolls for its employees as well as those for the subcontractors

Submission of weekly payrolls must be timely The HUD form (WH-347) is not required to be used but all information needed to confirm compliance must be included, with a signed Statement of Compliance Weekly payrolls must be reviewed to ensure workers are not making less than the prevailing wage in the wage determination, overtime is paid if applicable, and deductions are within regulatory requirements under no contractual or other impediment that would prevent them from complying with the Part 135 regulations.

C. The Contractor agrees send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the said labor organization or workers' representative of contractor's commitments under this Section 3 clause and will post copies of the notice in conspicuous places available to at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the sections 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each, and the name and location of the person(s) taking applications for each of the positions and the anticipated date the work shall begin.

D. The Contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135.

E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR Part 135.

F. Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts.

Reference: Appendix II to Part 200 - Contract Provisions for Non-Federal Entity Contracts Under Federal Awards

Construction for the St. Johns projects that are subject to these labor standards and reporting began in June, 2020, so the first reporting period will be for the time May 1 through September 30, 2020. This report will be due to DEO by October 15, 2020.

Report information will be compiled using executed contracts through the time period which had construction start dates (NTP) during the time period. A draft report is prepared and forwarded to the St. Johns County CDBG-DR staff for approval and submission to DEO.

U.S. Department of Labor- Wage and Hour Division website:

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

HUD Website- Davis Bacon Forms https://www.hud.gov/program_offices/davis_bacon_and_labor_standards/olrform

Guidance and reporting documents can be found on the St. Johns SharePoint by following this link:

https://tetratechinc.sharepoint.com/sites/103-FRSRt/St.%20Johns/Shared%20Documents/Forms/AllItems.aspx?

viewid=252dd1bb%2Dd4a3%2D41c3%2Da5e0%2De57cfdb2ef5a&id=%2Fsites%2F103%2DFRSRt%2FSt%2E%20Johns%2FShared%20Documents%2FInfrastructure%20Projects%2FDavis%20Bacon%20Forms%20and%20Reports

The wage determination and certified payrolls for the Hastings II lift station project underway, which have been reviewed or are currently under review by Tt at the request of St. Johns County have been uploaded to the SharePoint in this folder:

https://tetratechinc.sharepoint.com/sites/103-FRSRt/St.%20Johns/Shared%20Documents/Forms/AllItems.aspx?

viewid=252dd1bb%2Dd4a3%2D41c3%2Da5e0%2De57cfdb2ef5a&id=%2Fsites%2F103%2DFRSRt%2FSt%2E%20Johns%2FShared%20Documents%2FInfrastructure%20Projects%2FHastings%2FHastings%20II%20Davis%20Bacon%20Documenta

Infrastructure projects- Heavy wage determination https://www.dol.gov/agencies/whd/government-contracts/construction https://www.hud.gov/program_offices/davis_bacon_and_labor_standards/olrform https://tetratechinc.sharepoint.com/sites/103-FRSRt/St.%20Johns/Shared%20Documents/Forms/AllItems.aspx?viewid=252dd1bb%2Dd4a3%2D41c3%2Da5e0%2De57cfdb2ef5a&id=%2Fsites%2F103%2DFRSRt%2FSt%2E%20Johns%2FShared%20Documents%2FInfrastructure%20Projects%2FDavis%20Bacon%20Forms%20and%20Reports https://tetratechinc.sharepoint.com/sites/103-FRSRt/St.%20Johns/Shared%20Documents/Forms/AllItems.aspx?viewid=252dd1bb%2Dd4a3%2D41c3%2Da5e0%2De57cfdb2ef5a&id=%2Fsites%2F103%2DFRSRt%2FSt%2E%20Johns%2FShared%20Documents%2FInfrastructure%20Projects%2FDavis%20Bacon%20Forms%20and%20Reports https://tetratechinc.sharepoint.com/sites/103-FRSRt/St.%20Johns/Shared%20Documents/Forms/AllItems.aspx?viewid=252dd1bb%2Dd4a3%2D41c3%2Da5e0%2De57cfdb2ef5a&id=%2Fsites%2F103%2DFRSRt%2FSt%2E%20Johns%2FShared%20Documents%2FInfrastructure%20Projects%2FHastings%2FHastings%20II%20Davis%20Bacon%20Documentation https://tetratechinc.sharepoint.com/sites/103-FRSRt/St.%20Johns/Shared%20Documents/Forms/AllItems.aspx?viewid=252dd1bb%2Dd4a3%2D41c3%2Da5e0%2De57cfdb2ef5a&id=%2Fsites%2F103%2DFRSRt%2FSt%2E%20Johns%2FShared%20Documents%2FInfrastructure%20Projects%2FHastings%2FHastings%20II%20Davis%20Bacon%20Documentation

The St. Johns County project does not currently have any road projects requiring the Highway wage determination

Any job classification not appearing on the wage determination for a project will require a written request for an additional classification and corresponding wage rate. The contractor is responsible for notifying the County of the need for an additional classification.

The wage determination in the bid documents may be modified up to 10 days prior to the bid due date, notification to the potential bidders must be done in accordance with the County’s purchasing policy.

If construction does not begin within 90 days of the award to the contractor, a review for any modifications to the wage determination must be completed. The contractor will be required to pay prevailing wages according to the new wage determination.

Enforcement of Labor Standards- Responsibility of Grant Recipient

St. Johns County is required to enforce the labor standards throughout the construction activity of the project, including:

Pre-construction conference- Not mandatory but is considered a best practice as it’s an opportunity to provide guidance and set expectations of contractor compliance

Establish that payrolls must be submitted weekly by the prime contractor Provide guidance on wage rates, weekly pay, overtime pay requirements and payroll deductions Explain the employee interview process Require posting by contractor of required notices- poster needs to be updated to include the County’s contact for employees to notify of any violations of these labor standards (see poster attached to this guidance).

Notice to Proceed- establishes the construction start date and initiates requirement for weekly payroll submissions Payroll Review- Contractor is required to submit signed weekly payrolls for its employees as well as those for the subcontractors

Submission of weekly payrolls must be timely The HUD form (WH-347) is not required to be used but all information needed to confirm compliance must be included, with a signed Statement of Compliance Weekly payrolls must be reviewed to ensure workers are not making less than the prevailing wage in the wage determination, overtime is paid if applicable, and deductions are within regulatory requirements under no contractual or other impediment that would prevent them from complying with the Part 135 regulations.

C. The Contractor agrees send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the said labor organization or workers' representative of contractor's commitments under this Section 3 clause and will post copies of the notice in conspicuous places available to at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the sections 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each, and the name and location of the person(s) taking applications for each of the positions and the anticipated date the work shall begin.

D. The Contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135.

E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR Part 135.

F. Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts.

Reference: Appendix II to Part 200 - Contract Provisions for Non-Federal Entity Contracts Under Federal Awards

Instructions for certification

Federal debarment certification form (continued)

1. By signing and submitting this Response, the prospective recipient of Federal assistance funds is providing the certification as set out below.

2. The certification in this class is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective recipient of Federal assistance funds knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the Department of Labor (DOL) may pursue available remedies, including suspension and/or debarment.

3. The prospective recipient of Federal assistance funds shall provide immediate written notice to the person to which this Response is submitted if at any time the prospective recipient of Federal assistance funds learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

4. The prospective recipient of Federal assistance funds agrees by submitting this Response that, should the proposed covered transaction be entered into, it shall not knowingly enter…