Upload
others
View
0
Download
0
Embed Size (px)
Citation preview
~"'~• ;
Pue~,it~~ou~s~NGA tl ~ R~I T Y
MINNEAPOLISPUBLIC HOUSING AUTHORITY
PROCUREMENT DEPARTMENT
1001 WASHINGTON AVENUENORTH
MINNEAPOLIS, MN 55401(612) 342-124
~~vww mphaonline. org
I~~TVITATIONFAR BIDSMPHA Contract #PH-15.11
April 14, 2015
PNEUMATIC VALVECONVERSION -1717
WASHINGTON STREET NE,MINNEAPOLIS, MN
Monitor theMPHA Website (www.mphaonline.org) fof~ anyAddenda
Non Mandatory Pre-Bid Tout: April 30, 201 S at 10: 00 A.M. CST
Bids Due: May 15, 2015 by 2:00 P M. CST
*BIDS $75,000 AND OVER WILL NOT BE CONSIDERED
WITHOUT SUBMISSION OF BID SECURITY*
*Equal Housing OppoNtunity *Equal Employment Oppof~tzcnity
TABLE OF CONTENTS - #PH-15.11
SECTION A NOTICES
• COMPLETIONOFBIDFORMS A-1
• DATA PRACTICES
SECTION B INVITATION FOR BIDS B 1-2
SECTION C INSTRUCTIONS TO BIDDERS (HUD Foi•m 5369) C 1-4
SECTION D **BID DOCUMENTS **
**(SIGN AND 2ETURN ALL BID FORMS: D l - D 15)**
• BID FORMS D 1
• EQUAL OPPORTUNITY STATEMENT D 2
• WMBE /SECTION 3 BUSINESS PARTICIPATION D 3-4
FORM OF BID BOND (with Bids $75,000 or more) D 5-6
• NON-COLLUSION AFFIDAVIT (with Bids $75,000 or more) D ~
• STATEMENT OF CONTRACTOR'S QUALIFICATIONS D 8-ll
• REPRESENTATIONS, CERTIFICATIONS AND D 12-1
OTHER STATEMENTS OF BIDDERS (HUD Form 5369-A)
• CERTIFICATE OF ACKNOWLEDGEMENT D 14-17
SECTION E GENERAL CONTRACT CONDITIONS,HUD Form 5370 E 1-19
SECTION F MPHA SPECIAL CONDITIONS F 1- 6
SECTION G SECTION 3 INFORMATIONAL SUMMARYSECTION 3 CLAUSE G 1
• SECTION 3 CONTRACTING AND EMPLOYMENT GOALS G 2-5
• SECTION 3 BUSINESS CERTIFICATION PROCEDURES G 6
• SECTION 3 RESIDENT CERTIFICATION G ~
• SECTION 3 CERTIFIED BUSINESS LIST G 8-24
• SECTION 3 CERTIFIED RESIDENT LIST G 25-27
SECTION H SAMPLE CONTRACT FORMS t STATE SALES TAX REFUND
• NOTICE OFAWARD H 1
• FORM OF CONTRACT H 2-3
• NOTICE TO PROCEED H 4
• CERTIFICATE OF INSURANCE H S
• PERFORMANCE AND PAYMENT BONDS &INSTRUCTIONS H 6-10
• SALES TAXDOCUMENTATION FORM H 11
CONTINUED
TABLE OF CONTENTS - #PH-15.11
SECTION I LABOR RELATIONS WAGE DECISION
SECTIONJ PROJECT MANUAL
SECTION I< DRAWINGS
* SIGN AND RETURN ALL BID FORMS*
J 1-38
K 1-5
NOTICE
COMPLETION OF BID FORMS
ENCLOSED 1N THESE INVITATION FOR BID DOCUMENTS FOR YOURCONVENIENCE, ARE BID FORMS. THESE FORMS HAVE BEEN PROVIDED TOALLOW YOU AND EACH COMPETITIVE BIDDER TO PRESENT BIDS 1N AMANNER THAT ALLOWS FOR COMPARISON AND QUICK AWARD OF THECONTRACT.
BID FORMS PROVIDED MUST BE COMPLETED IN THEIR ENTIRETY,SIGNED AND NOTARIZED, AS APPLICABLE.
IT IS ESSENTIAL EACH BIDDER UNDERSTANDS THAT THE INFORMATIONREQUESTED ON THE BID FORMS IS THE ONLY INFORMATION TO BESUPPLIED WITH THE BID. ANY BIDDER WHO CHANGES THE PRICINGSTRUCTURE THAT HAS BEEN REQUESTED, PROVIDES PRICES IN ADIFFERENT MANNER, CHANGES UNITS OF MEASURE AND DOES SO 1NEITHER AN ATTACHMENT TO THE BID DOCUMENTS OR ON THE BID FORMSPROVIDED, WILL HAVE ITS BID REJECTED, WITHOUT REVIEW, AS NON-
RESPONSIVE.
EACH BIDDER MUST BE LICENSED BY THE CITY OF MINNEAPOLIS OR
STATE OF MINNESOTA AS APPLICABLE IN ORDER TO SUBMIT A BID FOR
CERTAIN PROJECTS (PURSUANT TO CITY ORDINANCE). IF A BIDDER IS
NOT APPROPRIATELY LICENSED, THE BID WILL BE REJECTED_AS NON-RESPONSIVE.
CONTRACTORS WHO HAVE QUESTIONS REGARDING THE INTENT OF THE
BID, THE MANNER OF PRICING REQUESTED OR QUESTIONS RELATIVE TO
THE EVALUATION PROCESS THAT WILL BE APPLIED, MUST ASK THOSE
QUESTIONS, IN WRITING, AT LEAST SEVEN (7) CALENDAR DAYS PRIORTO THE BID DUE DATE IN ORDER THAT PROPER CLARIFICATION ANDADDENDA TO ALL BIDDERS MAY BE ISSUED.
1N CIRCUMSTANCES WHERE A CONTRACTOR WISHES TO TENDER "NO
BID", WRITE NO BID IN THE SPACE PROVIDED.
SUBMISSION OF BID FORMS:
BID FORMS ARE PROVIDED IN DUPLICATE. BIDDERS SHALL COMPLETE AND SUBMIT
BOTH SETS OF PINK BID FORMS 1N THEIR ENTIRETY
Al
NOTICE
MINNESOTA GOVERNMENT DATA PRACTICES ACT
Due to the inclusion of certain information and lists of property in this bid package that is
classified as "not or non-public" under the Minnesota Government Data Practices Act
and applicable Federallaw, persons or firms receiving this information for the purpose of
preparing a bid shall maintain the confidential nature of any data or information received
as part of this Invitation for Bid. The unauthorized disclosure of "not or non-public" data
of information is subject to civil and criminal penalties under the Minnesota Government
Data Practices Act and Federal law.
The classified "not or non-public" data is included only as a guide to assist with bid
preparation. It cannot be reproduced and must be returned to Minneapolis Public Housing
Authority (MPHA) with the submission of a bid. All pages must be accounted for.
A2
MPHA Conh~act #PH-15.11
MINNEAPOLIS PUBLIC HOUSING AUTHORITY
Proclu~ement Departn7ent, Room 2031001 Washington Avenue NorthMinneapolis, Minnesota 55401
INVITATION FORBIDS
Minneapolis Public Housing Authority (MPHA) will accept sealed bids to furnish and pay for all
labor, materials, pants, equipment, tools, supervision, permits, insurance, bonds and services, including
utilities and transportation services necessary for Pneumatic Valve Conversion at 1717 Washington
Street North East, Minneapolis MN per attached bid documents and specifications.
IZ~I~~l~lt~[~
Sealed bids will be received at the MPHA Proctu•ement Department at the above stated address
until 2:00 P.M., Local Time, on May 15, 2014, at which time bids will be publicly opened and read.
MPHA reserves the right to rej ect airy oi• all bids received and to waive any informality in the bidding
process.
BID SECURITY*
Bid Security MUST accompany each bid amounting to $75,000 or more in order for the bid to be
considered. The Bid Form Total will be used to calculate Bid Security. Bid Security shall be in the
amount of not less than five percent (5%) ofthe Bid Form Total for bid items specified.
BONDS*, INSURANCE, AFFIRMATIVE ACTION AND APPRENTICESHIP CERTIFICATION
Within ten (10) days following Notice of Contract Award, the successfill bidder shall fiu•nish and pay for
the following, (as applicable);
• Performance and Payment Bonds~($75,000.00 or More) —Furnish a satisfactory Performance
Bond and a separate Labor and Materials Payment Bond, each in an amount ofnot lessthan the
penal sum of l00%ofthetotal coiltractdollaramoimtasawarded.
• Certificate of Ins~u•ailce with MPHA named as an "additional insured."
• An Approved Affirmative Action Plan.
• Certification of participation in a Minnesota Registered Apprenticeship Training Program,
ifconh~act is fof• $50,000 or more.
The Conhactor sha11 take affirmative action to ensure employees and applicants for employment are not
discriminated against because of race, color, creed, religion, sex, age, national origin, disability,
ancestry, affectionate preference, public assistance status, marital stat~is, or veteran status.
**All Bonds MUST be obtained from a guarantee or stn•ety company acceptable to the U.S.
Government and authorized to do business in Minnesota (ref. U.S. Treastuy Circular #570).
Bids not satisfying this requirement will be rejected as no~i-►•esponsive. **
INVITATION FOR BIDS (continued)
PREVAILING WAGES
Contractor will be required to pay to all laborers and mechanics
employed under this project, prevailing wages as set forth in the
General Conditions for Construction, HUD 5370 and Labor Relations
Wage Decision #MN150036 with 1 modifications dated 03/27/2015.MPHA
LRPN#15-079-12). Contractor shall provide, on a weekly basis, the
required weekly payroll information. Payroll documentation is to
be entered electronically into LCP Tracker each week for each
worker by trade and by work site for all work performed.
EXAMINATION OF BIDDING DOCUMENTS, SITE AND LOCAL CONDITIONS
A. Examination of Bidding Documents: Bidders, by submitting a Bid 1•epi•esent that t11ey have
read and understand the contents of the Bidding Doctunents, and that the Bid submitted is
in accordance with the bidding requirements.
B. Examination of the Site: Bidders shall visit the consh~uction site to obtain first-hand
knowledge of existing local couditio~ls which Wray affect the Work and correlate observation
with the Bidding Documents.
PRE-BID TOUR
The pre-bid tour• will start at 10:00 A.M. on April 30, 20l 5 at 1717 Wasl~lgton Street, MPLS
DOCUMENT AVAILABILITY
Bid documents are on file for viewing on the MPHA ~vebsite at w~vw.mphaonline.org under
Contracting Opportunities,
PLAN DEPOSIT
Prime Contractors may sec~~i•e bid documents for personal use without charge from MPHA by
calli~ig (612) 342-1424.
BIDDING PROCEDURES
Questions regarding bidding procedures should be directed to the MPHAProcui•ement
Department at (612) 342-1424.
CONTRACT ADMINISTRATOR
Questions regarding the technical specifications should be directed to Roderick Bolen, Project
Manager at (612) 342-1233.
U.S. Department of Housing andUrban Development
Office of Public and Indian Housing
Instructions to Bidders for Contracts
Public and Indian Housing Programs
Previous edition Is obsolete form HUD•5369 (10/2002)
Instructions to Bidders for ContractsPublic and Indian Housing Programs
Table of Contents
Clause Page
1, Bid Preparation and Submission 1
2, Explanations and Interpretations to Prospective Bidders 1
3, Amendments to Invitations for Bids 1
4, Responsibility of Prospective Contractor 1
5, Late Submissions, Modificat(ons, and Withdrawal of Bids 1
6, Bid Opening 2
7. Service of Protest 2 '
8, Contract Award 2
9. Bid Guarantee 3
10. Assurance of Completion 3
11, Preconstructlon Conference 3
12. Indian Preference Requirements 3
1. Bid Preparation and Submission
(a) Bidders are expected to examine the specifications, drawings,
all Instructions, and, If applicable, the construction site (see also the
contraciclause entitled Site Investigation and Conditions Affect-
ingthe Work of the General Conditions ofthe Contractfar Construc-
tion). Failure to do so will be at the bidders' r(sk.
(b) All b(ds must be submitted on the forms provided by the Public
Housing Agency/Indian Housing Authority (PHA/IHA). Bidders shall
furnish ail the information required by the solicitation. Bids must be
signed and the bidder's name typed or printed on the bid sheet and
each continuation sheet which requires the entry of Information by
the bidder. Erasures orotherchanges must be Initialed by the person
signing the bid. Bids signed by an agent shall be accompanied by
evidence of that agent's authority. (Bidders should retain a copy of
their bid for their records.)
(c) Bidders must submit as part of their bid a completed form HUD-
5369-A, "Representations, Certifications, and Other Statements of
Bidders,"
(d) All bid documents shall be sealed (n an envelope which shall be
clearly marked with the words "Bid Documents," the Invitation forBids (IFB) number, any project or other identifying number, the
bidder's name, and the date and time for receipt of bids,
(e) If this solicitation requires bidding on all items, failure to do so will
disqualify the' bid. If bidding on all items is not required, bidders
should insert the words "No Bld" In the space provided for any Item
on which no price Is submitted,
(f) Unless expressly authorized elsewhere In th(s solicitation, alter-
nate bids will not be considered.
(g) Unless expressly authorized elsewhere In this solicitation, bids
submitted by telegraph or facsimile (fax)' machines will not be
considered.
(h) If the proposed contract is for a Mutual Help project (as de-
scribed in 24 CFR Part 905, Subpart E) that involves Mutual Help
contributions of work, material, or equipment, supplemental Informa-
tion regarding the bid advertisement is provided as an attachment to
this solicitation,
2. Explanations and Interpretations to Prospective
Bidders
(a) Any prospective bidder desiring an explanation or interpretation
of the solicitation, specifications, drawings, etc,, must request it at
least 7 days before the scheduled time for bid opening. Requests
may be oral or written, Oral requests muss be confirmed In writing,
The only oral clarifications that will be provided will be those clearly
related to solicitation procedures, i,e., not substantive technical
Information. No other oral explanation or interpretatioh will be
provided. Any Information given a prospective bidder concerning
this sollcitatfon will be furnished promptly to all other prospective
bidders as a written amendment to the solicitation, if that information
is necessary in submitting bids, or If the tack of it would be preJudicial
to other prospective bidders.
(b) Any Information obtained by, or provided to, a bidder other than
by formal amendment to the solicitation shall not constitute a change
to the solicitation,
3. Amendments to Invitations for Bids
(a) If this solicitation is amended, then all terms and conditions
which are not rnodifled remain unchanged,
(b) Bidders shall acknowledge receipt of any amendment to this
solicitation (1) by signing and returning the amendment, (2) by
identifying the amendment number and date on the bid form, or (3)
by letter, telegram, or facsimile, li those methods are authorized fn
the solicitation, The PHA/I HA must receive acknowledgement bythe
time and at the place specified for receipt of bids, Bids which fail to
acknowledge the bidder's receipt of any amendment will result In the
reJectlon of the bid if the amendments) contained information which
substantively changed the PHA's/IHA's requirements.
(c) Amendments will be on file In the offices of the PHA/IHA and the
Architect at least 7 days before bid opening,
4. Responsibility of Prospective Contractor
(a) The PHA/IHA will award contracts only to responsible prospec-
tive contractors who have the ability to perform successfully under
the terms and conditions of the proposed contract. In determining
the responsibility of a bidder, the PWA/IHAwill considersuch matters
as the b(dder's;
(i) Integrity;
(2) Compliance with public policy;
(3) Record of past pertormance; and
(4) Financial and technical resources (including construction
and technical equipment),
(b) Before a bid is considered for award, the bidder may be re-
quested by the pHA/IHA to submit a statement or other documenta-
tlonregarding any of the Items in paragraph (a) above, Failure by the
bidder to provide such additional Information shall render the b(dder
nonresponsible and Ineligible far award.
Previous edition Is obsolete Page 1 of A form HUD-5369 (10/2002)
5. Late Submissions, Mod(fications, and Withdrawal~of Bids
(a) Any bid received at the place designated In the solfcitat(on afterthe exact time specified for receipt will nat be considered unless It isreceived before award is made and it;
(1) Was sent by registered or certified mall not later than theffftti calendar day before the date specified for receipt of offers (e,g,,
an offer submitted in response to a solicitation requiring receipt ofoffers by the 20th of the month must have been mailed by the 15th);
(2) Was sent by mail, or If authorized by the solicitation, wassent by telegram orvia facsimile, and it Isdetermined bythe PHA/IHAthat the late receipt was due solely to mishandling by the PHAIIHAafter receipt at the PHA/IHA; or
(3) Was sent by U.S, Postal Service Express Mall Next Day
Service -Post Office to Addressee, not later than 5:OQ p,m, at the
place of mailing two working days prior to the date specified for
reoefpt of proposals, The term "working days" excludes weekends
and observed holidays,
(b) Any modification or withdrawal of a bid Is subject to the same
conditions as in paragraph (a) of this provision.
(c) The only acceptable evidence to establish the date of mailing of
a late bid, modification, or withdrawal sent either by registered or
certified mail Is the U,S, or Canadian Postal Service postmark both
on the envelope or wrapper and on the original receipt from the U.S,
or Canadian Postal Service, Both postmarks must show a legible
dale or the bid, modification, or withdrawal shall be processed as If
mailed late, "Postmark" means a printed, stamped, or otherwise
placed impression (exclusive of a postage meter machine Impres-
sion) that Is readily Identifiable without further action as having been
supplied and affixed by employees of the U,S, or Canadian Postal
Service on the date of mailing, Therefore, bidders should request the
postal clerk to place a hand cancellation bull's-eye postmark on both
the receipt and the envelope or wrapper.
(d) The only acceptable evidence to establish the time of receipt at the
PHA/IHA is the time/date stamp of PHA/IHA on the proposal wrapporor
o3her documentary evidence of receipt maintained by the PHA/IHA.
(e) The only acceptable evldenae to establish the date of mailing of
a late bid, modification, or withdrawal sent by Express Mail Next Day
Service-Post Office to Addressee is the data entered by the post
office receiving clerk on the "Express Mall Next Day Service-Post
Off(ce to Addressee" label and the postmark on both the envelope or
wrapper and on the original receipt from the U.S, Postal Service,
"Postmark"has the same meaning as defined In paragraph (c) of this
provision, excluding. postmarks of the Canadian Postal Service.
Therefore, bidders should request the postal clerk to place a legible
hand cancellation bull's eye postmark on both the receipt and Failure
by a bidder to acknowledge receipt of the envelope or wrapper,
(f) Notwithstanding paragraph (a) of this provision, a late modifica-
tioh of an otherwise successful bid that makes Its terms more
favorable tothe PHA/IHA will be considered at any time It Is received
and may be accepted,
(g) Bids maybe withdrawn by written notice, or if authorized by this
solicitation, by telegram (Including mailgram) or facs(mlle machine
transmission received at any time before the exact time set for
opening of bids; provided that written confirmation of telegraphic or
facsimile withdrawals over the signature of the bidder Is mailed and.
postmarked prior to the specified bid opening time, A bid may be
withdrawn in person by a bidder or its authorized representative if,
before the exact time set for opening of bids, the identity of the person
requesting withdrawal Is established and the person signs a receipt
for the bid.
6. Bid Opening
All bids received by the date and time of receipt specified In the
solicitation will be publicly opened and read, The time and place ofopening will be as specified In the solicitation, Bidders and otherInterested persons may be present.
7. Service of Protest
(a} Definitions. As used In this provision:
"Interested party" means an actual arprospective bldderwhose
direct economic Interest would be affected by tho award of the
contract.
"Protest" means a written obJectlQn by an Interested party to this
solicitation or to a proposed or actual award of a contract pursuant
•to this solicitation.
(b) Protests shall bo served on the Contracting Officer by obtaining
written and dated acknowledgement from --
[Contracting Officer designate the official or location where a protest
may be served on the Contracting Officer)
(c} All protests shall be resolved In accordance with the PHA's/
IHA's protest policy and procedures, copies of which are maintained
at the PHA/IHA.
B. Contract Award
(a) The PHA/IHA will evaluate bids fn response to this solicitationwithout d(scusslons and will award a contract to the responsible
bidder whose bid, conforming to the solicitation, wilt be most advan-tageous tothe PHA/IHA consideringonly prlceand any pace-relatedfactors specified In the solicitation.
(b) If the apparent low bid received In response to this solicitationexceeds the PHA's/IRA's available funding forthe proposed contract
.. work, the PHAIIHA may either accept separately priced Items (sae
a(e) below) or use the following procedure to determine contract
award, The~PHA/IRA shall apply In turn to each bid (proceeding Inorder from the apparent low bid to the high bid) each of the separatelypriced bid deductible Items, if any, fn their priority order set forth inthis solicitation. If upon the application of the first deductible Item toall Initial bids, a new low bid is within the pHA's/IRA's available
funding, then award shall be made is that bidder. If no bid Is withinthe available funding amount, then the PHA/IRA shall apply thesecond deductible Item, The PHA/IHA shall continue this processuntil an evaluated low bid, if any, Is within the PHA's/IRA's available
funding. If upon the application of all deductibles, no bid Is within thePHA's/IRA's available funding, or if the solic(tation does not request
separately priced deductibles, the PHA/IHA shall follow Its writtenpolicy and procedures In making any award under this solicitation,
(c) In the case of tie low bids, award shall be made in accordance
with the PHA's/IRA's written policy and procedures,
(d) The PHA/IHA may reJect any and all bids, accept other than thelowest bid (e,g., the apparent low bid Is unreasonably low), and waiveInformalities or minor irregularities In bids received, in accordance
with the PHA's/IRA's written policy and procedures,
Previous edition Is obsolete Page 2 of 4 form HUp-5369 (10/2002)
(e) Unless precluded elsewhere in the solicitation, the PHA/IHA
may accept any item or combination of Items bid,
(f) The PHA/IHA may reject any bid as n4nresppnsive if it is
materially unbalanced as to the prices for the various Items of work
to be performed. A bid Is materially unbalanced when ft Is based on
prices significantly less than cost for some work and prices which are
significantly gverstated for other work,
(g) A written award shall be furnished to the successful bidderwithin
the per(od for acceptance specified In the bid and shall result In a
binding contract without further action by either party.
9. Bid Guarantee (appl(cable to construction and equip-
ment contracts exceeding $25,000)
All bids must be accompanied by a negotiable bid guarantee which
shall not be less than five percent (5%) of the amount of the bid. The
bid guarantee may be a certified check, bank draft, U.S; Government
Bonds at par value, or a bid bond secured by a surety company
acceptable to the U.S, Government and authorized to do business in
the state where the work is to be performed, In the case where the
work under the contract will be performed on.an Indian reservation
area, the bid guarantee may also be an irrevocable Letter of Credit(see provision 10, Assurance of Completion, below). Certified
checks and bank drafts must be made payable to the order of the
PHA/IHA. The bid guarantee shall Insure the execution of the
contract and the furnishing of a method of assurance of completion
by the successful bidder as required by the solicitation. Failure to
submit a bid guarantee with the bid shall result In the refection of the
bid, Bid guarantees submitted by unsuccessful bidders will be
returned as soon as practicable after bid opening.
10, Assurance of Completion
(a) Unless otherwise provided in State law, the successful biddershall furnish an assurance of completion prior to the execution of any
contract under this solicitation, This assurance maybe [Contracting
Officer check applicable Items] —
[ ] (1) a performance and payment bond In a penal sum of 100
percent of the contract price; or, as maybe required or permitted by
State law;
[ ] (2) separate performance and payment bonds, each for 50
percent or more of the contract price;
[ ] (3) a 20 percent cash escrow;
~ J (4) a 25 percent Irrevocable letter of credit; or,
[ J (5) an Irrevocable letter of credit for 10 percent of the totalcontract price with a monitoring and disbursements agreement with
the IHA (applicable only to contracts awarded by an IHA under the
Indian Housing Program),
(b) Bonds must be obtained from guarantee or surety companies
acceptable to the U,S. Government and authorized to do business Irithe state where the work Is to be performed. Individual sureties w(II
not be considered, U.S. Treasury Circular Number 570, published
annually In the Federal Register, Ilsts companies approved to act assureties on bonds securing Government contracts, the maximum
underwriting limits on each conkract bonded, and the States In whichthe company is licensed to do business, 'Use of companies listed inthis circular Is mandatory, Copies of the circular may be downloaded
on the U,S, Department of TreasuYy website http://
www.fms,treas,gov/c570/index.html, or ordered for a minimum fee
by contacting the Government Printing Office at (202) 512-2168.
(c) Each bond shall clearly state the rate of premium and the total
amount of premium charged, The current power of attorney for the
person whp signs for the surety company must be attached to the
bond. The effective date of the power of attorney shall not precede
the date of the bond. The effective date of the bond shall be on or after
the execution date of the contract.
(d) failure by the successful bidder to obtain the required assur-
ance ofcompletion within the time specified, orwithln such extended
period as the PHA/IHA may grant based upon reasons determined
adequate by the PHAIIHA, shall' render the bidder ineligible for
award. The PHA/IHA may then either award the contract to the next
lowest responsible bidder or solicit new bids, The PHA/IHA may
retain the ineligible bidder's bid guarantee.
11, Preconstructian Conference (applicable to construction
contracts)
After award of a contract under this solicitation and prior to the start
of work, the successful bidder will be required to attend a
preconstructlon conierencewith representatives of the PHA/IHA and
Its architect/engineer, and other Interested parties convened by the
PHA/IHA, The conference will serve to acquaint the participants with
the general plan of the construction operation and all other requlre-
ments of the contract (e,g., Equal Employment Opportunity, Labor
Standards). The PHA/IHA will provide the successful bidder with the
date, time, and place of the conference,
12. Indian Preference Requirements (applicable only if
this solicitation is for a contract to be performed on a
project for an Indian Housing Authority)
(a) HUD has determined that the contract awarded under this
solicliation Is subject to the requirements of section 7(b) of the Indian
Self-Determination and Education Assistance Act (25 U.S,C. 450e(b)),
Section 7(b) requires that any contract or subcontract entered into for
the benefit of Indians shall require that, to the greatest extent feasible
(1) Preferences and opportunities fortraining and employment
(other than core crew positions; see paragraph (h) below) in connec-
tlon with the administration of such contracts or subcontracts be
given to qualified "Indians," The Act defines "Indians" to meanpersons who are members of an Indian tribe and defines "indlan
tribe" to mean any Indian tribe, band, nation, or other organized
group or community, including any Alaska Native village or regional
or village corporation as defined in or established pursuant to the
Alaska Native Claims Settlement Act, which Is recognized as eligible
for the special programs and services provided by the United States
to Indians because of their status as Indians; and,
(2) Preference In the award of contracts or subcontracts in
connection with the.administratfon of contracts be given to Indianorganizations and to Ihdian-owned economic enterprises, as de-
fined In section 3 of the Indian Financing Act of 1974 (25 U.S.C,
1452), That Act defines "eoonomic enterprise" to mean any Indlan-
owned commercial, Industrial, or business activity established or
organized for the purpose of profit, except that the Indian ownership
must constitute not less than 51 percent of the enterprise; "Indian
organization" to mean the governing body of any Indian tribe or ent(ty
established or recognized by such governing body; "Indian" to mean
any person who is a member of any tribe, band, group, pueblo, or
community which is recognized by the Federal Government as
eligible for services from the Bureau of Indiah Affairs and any
"Native" as defined in the Alaska Native Claims Settlement Act; and
Indian "tribe" to mean any Indian tribe; band, group, pueblo, or
community including Native villages and Native groups (including
Previous edition is obsolete Page 3 of Q form HUD-5369 (10 2002)
corporations organized by Kenai, Juneau, Sitka, and Kodiak) as
defined in the Alaska Native Claims Settlement Act, which is recog-
nized by the Federal Government as eligible for services from the
Bureau of Indian Affairs.
(b) (1) The successful Contractor under this solicitation shall com-ply with the requirements of this provision in awarding all subcon-
tracts under the contract and In prov(ding training and employment
opportunities,
(2) A finding by the IHA that the contractor, either (i) awarded
a subcontract without using the procedure required by the IHA, (ll)
falsely represented that subcontracts would be awarded to Indian
enterprises or organizations; or, (fit) felled to comply with the
contractor's employment and training preference bid statementshallbe grounds for termination of the contract or for the assessment of
penalties or other remedies,
(c) If specified elsewhere In this solicitation, the IHA may restrict the
solicitation to qualified Indian-owned enterprises and Indian organi-
zations. If two or more (or a greater number as specified elsewhere
in the solicitation) qualif(ed Indian-owned enterprises or organiza-tions submit responsive bids, award shall be made to the qualified
enterprise or organization with the lowest responsive bid, If fewer
than the minimum required number of qualified Indian-owned enter-
prises or organizations submit responsive bids, the IHA shall reject
all bids and readvertise the solicftaiion in accordance with paragraph(d) below,
(d) If the IHA prefers not io restrict the solicitation as described in
paragraph (c) above, or if after having restricted a solicitation an
insufficient number of qualified Indian enterprises or organizations
submit bids, the IHA may advertise for bids from non-Indian as wellas Indian-owned enterprises and Indian organizations. Award shallbe made to the qualified Indian enterprise or organization with the
lowest responsive bid If that bid Is
(1) Within the maximum NUD-approved budget amount estab-
Ilshed for the specific project or activity for which bids are beingsolicited; and
(2) No morethanthepercentagespecifiedln24CFR905,175(c)
higher than the total bid price of the lowest responsive bid from anyqualified bidder. If no responsive bid by a qualified Ihdian-owned
economic enterprise or organization is within the stated range of the
total bid price of the lowest responsive bid from any quallf(ed
enterprise, award shall be made to the bidder with the lowest bid,
(e) Bidders seeking to qualify for preference in contracting or
subcontracting shall submli proof of Indian ownership with their bids,
Proof of Indian ownership shall Include but not be limited to:
(1) Certification by a irlbe or other evidence that'the bidder is
an Indian, The IHA shall accept the certification of a tribe that an
Individual Is a member,
(2) Evidence such as stock ownership, structure, manage-
ment, control, financing and salary or profit sharing'arrangements of
the enterprise,
(f) (1) All bidders must submit with their bids a statement describ-
ing how they will provide Indian preference In the award of subcon-
iracts, The specific requirements of that statement and the factors
io used by the IHA In determining the statement's adequacy are
Included as an attachment to this solicitation. Any bid that falls to
Include the required statement shall be rejected as nonresponsive,
The IHA may require that comparable statements be provided by
subcontractors to the successful Contractor, and may require the
Contractor to reject any bid or proposal by a subcontractor that falls
io include the statement.
(2) Bidders and prospective subcontractors shall submit a
certification (supported by credible evidence) to the IHA in any
instance where the bidder or subcontractor believes li Is Infeasible to
provide Indian preference in subcontracting. The acceptance or
rejection by the IHA of the certification shall be final. Rejection shall
disqualify the bid from further consideration.
(g) All bidders muss submit with their bids a statement detailing their
employment and training opportunities and their plans io provide
preference to Indians In implementing the contract; and the number
or percentage of Indians anticipated to be employed and trained,
Comparable statements from all proposed subcontractors must be
subm(tted, The criteria to be used by the IHA in determining the
statemant(s)'s adequacy are included as an attachmeht to this
solicitation. Any bid that fails to Include the requlrod statement(s), or
that includes a statement that does not meet minimum standards
required by the IHA shall be rejected as nonresponsive,
(h) Core crew employees. A core craw employee Is an individual
who is a bona fide employee of the contractor at the time the bid Is
submitted; oran Individual who was not employed by the bidderat the
time the bid was submitted, but who is regularly employed by the
bidder in a supervisory or other key skilled position when work Is
available. Bidders shall submit with their bids a Iist of all core crew
employees.
(i) Preference In contracting, subcontracting, employment, and
training shall apply not only on-site, on the reservation, orwithin the
IHA's jurisdiction, but also to contracts with firms that operate outside
these areas (e.g., employment in modular or manufactured housing
construction facilities),
(J) Bidders should contact the IHA to determine if any additional
local preference requirements are applicable to this solicitation.
(k) The IHA [ J does [ ]does not [Contracting Offioer check
applicable box) maintain Iists of Indian-owned economic enterprises
and Indian organizations by specialty (e.g., plumbing, electrical,
foundations), which are available to bidders to assist them In meeting
their responsibility to provide preference in connection with the
administration of contracts and subcontracts,
Previous edition fs obsolete Page a of 4 form HUp-5369 (10/2002)
. ~ ~ -
M~ NN~.~~~/S
Pue" i'`~~'°ousiNGn u b r~ ~ ~R~ 1 T Y
BID FORM PH-15.11
BIDS SUBMITTED TO: MINNEAPOLIS PUBLIC HOUSING AUTHORITY1001 Washington Ave. N. Room #203Minneapolis, MN 55401
TO WHOM IT MAY CONCERN:
1) The undersigned Contractor, having become familiar with the existing conditions
affecting the cost of materials) and/or services) and with the following Contract
Documents: Applicable Notices, the Invitation for Bids, HUD 5369 Instructions to
Bidders, MPHA Supplement to Instructions to Bidders, •Section 3Informational Summary, the Bid Forms, the form of Bid Bond, the form of Non-
Collusion Affidavit, the Statement of Contractor's Qualifications, W/MBE-Section
3 Participation, HUD 5369-A Bidders Representations and Certifications, HUD
5370 General Contract Conditions, MPHA Special Conditions, Labor Relations
Wage Decision, Labor Standards HUD 5370, sample Contract Forms, MN
Sales Tax Low-Income Housing Refund Form and Technical Specifications
proposes) to furnish all labor, tools, materials, taxes, equipment, technical
personnel, supervision, machinery, permits, bonds, insurance, services,
including utility and transportation services necessary to satisfactorily perform
and complete all work required as described in the attached bid documents for
the amounts) specified below:
PNEUMATIC VALVE CONVERSION -1717 WASHINGTONSTREET NE, MINNEAPOLIS MINNESOTA
BID TOTAL
BID ITEM PNEUMATIC VALUE CONVERSION ................................................$
The Bid Form Totals shall include all applicable taxes and fees.
SUBMITTED BY
COMPANY:
*Contract #PH-15.11 will be awarded to the responsible bidder submitting the lowest responsive bid.The contract award will be based on the Total Base Bid. MPHA reserves theright to reject all bid submissions.'`Bidder shall submit bid forms in their entiretyand notarize where applicable.
~ •'
MPHA Contract # PH-15.11
MINNEAPOLIS PUBLIC HOUSING AUTHORITY
WOMEN AND MINORITY-OWNED (W/MBE)
EQUAL01?PORTUNITYPOLICY STATEMENT
CONTRACTOR will provide Equal Opportunity to all employees and applicants for employment in
accordance with all applicable Equal Opportunity/Affirmative Action laws, directives and regulations of
Federal, State and local governing bodies,
CONTRACTOR will not discriminate against any employee or applicant for employment because of
race, color or creed, sex, religion, ancestry, national origin, gender, affectional preference, disability,
age, marital status, veteran status or public assistance status.
CONTRACTOR will take affirmative action to ensure that all employment practices including hiring,
upgrading, demotion, transfer, recruitment, termination, lay-off, rates of pay and other compensation
and selection for training and apprenticeship are non-discriminatory.
CONTRACTOR will prohibit the harassment of any employee orjob applicant because of gender,
national origin or race.
CONTRACTOR shall commit the necessary time and financial and human resources to achieve the goals
of Equal Employment Opportunity and Affirmative Action.
CONTRACTOR shall evaluate its management and supervisory personnel's performance in achieving
AfFirmative Action objectives. Contractor also agrees that its employees or employees of its
subcontractors who do not comply with the Equal Employment Opportunity- Policies and Procedures in
this statement shall be subject to disciplinary action. An employee or applicant for employment who
believes he/she has been discriminated against should contact the Minneapolis-Department of Civil
Rights.
CONTRACTOR shall use its best efforts to afford women and minority-owned business enterprises
(W/MBE's) the maximum practicable opportunity to participate in performing the contract. Goals are
as follows: 20% of the value of any construction contract or non-construction contract which exceeds
$50,000 be awarded to minority-owned business enterprises (MBE) and 7% of the value of the
construction contract or non-construction contract which exceeds $50,000 be awarded to women- .
owned business enterprises (WBE).
(Signature of Bidder or Authorized Representative) (Date)
(Name of Firm)
MINNEAPOLIS PUBLIC HOUSING AUTHORITY
Notice to Bidders
WOMEN AND MINORITY—OWNED BUSINESS
AND SECTION 3 BUSINESS PARTICIPATION CERTIFICATION
Failure to Complete this W/MBE and Section 3 Participation Certification May Disqualify Your Bid
MPHA has established minimum Women and Minority-Owned Business (W/MBE) and Section 3
Business goals. MPHA's participation goals are based upon the contract amount and are 7% for
women-owned businesses, 20%for minority-owned businesses and 10% for Section 3 businesses, To
the greatest extent feasible, bidders shall attempt to reach or, if possible exceed, these goals.
Bidder shall document their efforts to meet the W/MBE and Section 3 participation goals by
completing this Certification form. Bidder shall solicit quotes from W/MBE and Section 3 businesses or
explain in detail why quotes were not received. Bidder will also list the W/MBE and Section 3
businesses that it intends to contract with and state the percentage of their work based upon the total
bid amount.
A. The Bidder solicited the following WBE, MBE and Section 3 Businesses for quotes in preparing
this bid.
WBE Subcontractor or Supplier Address &Phone Number Type of Trade/Material
MBE Subcontractor or Supplier Address &Phone Number Type ofTrade/Material
Section 3 •Subcontractor or Supplier Address &Phone Number Tvpe of Trade/Material
Rev. June 13, 2011
B. If awarded the contract, Bidder intends to subcontract work to or buy materials from the
following W/MBE and Section 3 businesses.
of Total
WBE Subcontractor or Supplier Address &Phone Number Tvpe of Trade/Material
of Total
MBE Subcontractor or Supplier Address &Phone Number Type of Trade/Material
of Total
Section 3 Subcontractor or Supplier Address &Phone Number Type of Trade/Material
A person who submits false or inaccurate information to MPHA regarding this Form or
compliance with goals may lose an awarded contract or be declared non-responsive for future
contracting opportunities with MPHA. Also, MPHA may report misconduct to HUD for further
sanctions. Before or after awarding a contract, MPHA may verify the use of the W/MBE and
Section 3 businesses listed on this Form.
Under penalty of perjury I certify, that Bidder has solicited the above quotes and to the
greatest extent feasible will take affirmative action to contract with the businesses listed
above.Legal Name of Bidder
Signature
Printed Name
Title
Date
EQUAL EMPLOYiViENT OPPORTUiVITY /EQUAL HOUSING OPPORTUNITY
June 13, 2011
MINNEAPOLIS PUBLIC HOUSING AUTHORITY
FORM OF BID BOND
KNOWALL MENBYTHESE PRESENTS, that we, the undersigned,
(Name of Principal)
as Principal, and(Name of Surety)
AS SURETY are held and firmly bound unto to Minneapolis Public Housing Authority in and for the City
of Minneapolis, Minnesota, hereinafter called the "Local Agency", in the penal sum of:Dollars, .. ($ ), Lawful
Money of the United States of America for payment of which sum will and truly to be made, we bind ourselves,
our heirs, executors, administrators, successors and assigns jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATIONIS SUCHthat whereas the Principal has submitted the
accompanying bid, dated , 20 ,for
NOW THEREFORE, if the Principal shall not withdraw said bid within the period specified therein after
the opening of the same, or, if no period be specified, within sixty (60) days after the said opening, and shall
within the period specified therefore, or if no period be specified, within ten (10) days after the prescribed forms
are presented to him for signature, the principal shall enter into a written Contract with the Local Agency in
accordance with the bid as accepted, and give bond and sufficient surety or surety, as may be required, for the
faithful performance and proper fulfillment of such Contract. Or in the event of the withdrawal of said bid within
the period specified, or the failure to enter into such Contract and give such bond within the time specified, if the
Principal shall pay the Local Agency the difference between the amount specified in said bid and amount for
which the Local Agency may procure the required work of supplies or both, if the latter be in excess of the
former, then the above obligation shall be void and of no effect, otherwise to remain in full force and virtue.
IN WITNESS WHEREOF, the above-bounden parties have executed this instrument under their several
seals the day of , 20 ,the name and corporate seal of each corporate
party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority
of its governing body.
FXF.CUTED INPRESENCE OF:
(Witness As To Principal) CONTRACTOR (Type or Print)
(Witness As To Surety)
By:
(Type or Print)
By:(Type or Print)
(seal)
Form of Bid BondPage 2
(Power-of-Attorney of person signing for Surety Company must be attachedand certified to as in effect on date of bond acknowledgement by Surety)
CERTIFICATE OF ACKNOWLEDGEMENT OF CORPORATE SURETY
STATE OFCOUNTY OF ) ss On this day of , 20
before me, a Notary Public for the county, personally appeared andto me personally known, who, being by me duly sworn, did say that they are
respectively the and the of ,the
corporation named in the foregoing instrument. The seal affixed to the instrument is the corporate seal of the corporation, and
that the instrument was signed and sealed in behalf of the corporation by authority of its Board ofand the acknowledges the instrument to the free
act and deed of the corporation.
Notary Public, County
CERTIFICATE OF ACKNOWLEDGEMENT OF CORPORATION
STATE OFCOUNTY OF ) ss On this day of , 20
before me, a Notary Public for the county, personally appeared andto me personally known, who, being by me duly sworn, did say that they are
respectively the and the of ,the
corporation named in the foregoing instrument. The seal affixed to the instrument is the corporate seal of the corporation, and
that the instrument was signed and sealed in behalf of the corparation by authority of its Board ofand the acknowledges the instrument to the free
act and deed of the corporation.
Notary Public, County.
CERTIFICATE OF ACKNOWLEDGEMENT OF PARTNERSHIP
STATE OFCOUNTY OF ) ss On this day of , 20
before me, a Notary Public for the county, personally appeared andto me personally known to be all of the Partners doing business under the
Partnership name of ,who, being by me duly sworn who executed the foregoing
instrument and acknowledge that the seal affixed to the instrument is the seal of the partnership, and that the instrument was
signed and sealed in behalf of the partnership and the partners acknowledge the instrument to the free act and deed of the
partnership.
Notary Public, County
CERTIFICATE OF ACKNOWLEDGEMENT OF BY INDIVIDUAL
STATE OFCOUNTY OF ) ss On this day of , 20 before me, a
Notary Public for the county, personally appeared , to me known to be the person
described in and who executed the foregoing instrument and acknowledges to
me that he/she executed the same as his/her own free act and deed.
Notary Public, County
MINNEAPOLIS PUBLIC HOUSING AUTHORITY
BID FORM
NON-COLLUSION AFFIDAVIT OF PRIME BIDDERApplies to bids exceeding $50,000)
State of Minnesota )
County of Hennepin)
being first duly sworn, deposes and says that:
1) He/She is(Owner, Partner, Officer, Representative or Agent)
of ,the bidder that has submitted the attached bid;
2) He/She is fully informed respecting the preparation and contents of the attached bid and of all
pertinent circumstances respecting such bid;
3) Such bid is genuine and is not a collusive or sham bid;
4) Neither the said bidder nor any of its officers, partners, owner, agents, representatives,
employees ar parties in interest, including this affiant, has in any way colluded, conspired, connived
ar agreed, directly or indirectly, with any other bidder, firm or person to submit a collusive or sham
bid in connection with the contract for which the attached bid has been submitted or to refrain from
bidding im connection with such contract, or has in any manner, directly or indirectly, sought by
agreement or collusion or communication or conference with any other bidder, firm or person to
fi~c the price or prices in the attached bid or of any other bidder, or to fix any overhead, profit or cost
element of the bid price of any other bidder, or to secure through any collusion, conspiracy,
connivanceor unlawful agreement any advantage against the Minneapolis Public Housing Authority in and for the
City of Minneapolis or any person interested in the proposed contract; and
5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion,
conspiracy, connivance or unlawful agreement on the part of the bidder or any of its agents,
representatives, owner, employees, or parties in interest, including this affiant.
(Signature)
(Title)
Subscribed and Sworn to Before me
this day of , 20
(Notary Public)
CountyMy Commission Expires:
EQUAL EMPLOYMENT OPPORTUNITY/EQUAL HOUSING OPPORTiJNITY
MINNEAPOLIS PUBLIC HOUSING AUTHORITY
STATEMENT OF CONTRACTOR'S QUALIFICATIONS
Contractor must clearly and completely answer all questions. Contractor may supplement answer on
separate sheets of paper and may submit additional relevant information. Contractor must sign
statement before a notary.
1. Contractor's legal name:2. Complete address of Contractor's permanent main office including city, state and zip code.
3. Names of Contractor's principal members and corporate officers.
4. Place and date of organization startup or corporation.
5. Number of years that Contractor has done business under its present name,
6. General description of Contractor's work or business.
7. If Contractor has ever defaulted on a contract, explain the circumstances, when, where and why.
8. If Contractor has ever failed to complete any work on a contract, explain the circumstances, when,
where and why?
9. List Contractor's recent important and completed contracts. State the type of work performed,
approximate gross cost of the contract, the month and year the contract was completed and the
name, address, telephone number of the contact person for the other contracting parties.
10. List the major equipment available for this contract and state whether Contractor owns or will
lease the equipment.
11. Describe Contractor's experience in completing work similar to the work required under this
contract.
12. Describe the background and experience of Contractor's principal members and corporate officers.
13. State the amount of available line of credit $
14. State the name and address of a bank reference and the name, address and telephone number of a
bank contact person.
15. If Contractor is or has been a party to a complaint, grievance, action, or legal or administrative
proceeding involving any charge of discrimination, describe the charges and outcome of the
proceeding and state the file number and venue of the proceeding and the name and address of
the charging parties.
16. If Contractor is or has been a party to any federal, state or local agency investigation arising out of
Contractor's work, describe the charges and outcome of the proceeding and state the file number,
agency, venue and the name and address of the charging parties.
17. If Contractor is or has been a party to or otherwise involved in any action or proceeding arising out
of an alleged violation of the Copeland Act, Federal Labor Standards, Davis-Bacon Act or Federal
Labor Standards, describe the charges and outcome of the proceeding and state the file number,
agency, venue and the name and address of the charging parties.
The undersigned authorizes any person, firm or corporation to provide any information or documents,
which Minneapolis Public Housing Authority may request to verify the Contractor's qualifications or
information provided in this Statement. The undersigned affirms under penalty of perjury that the
answers, information and documents provided in response to this Statement are true and correct.
Date: ,20_Legal Name of Contractor
By:Type Name
SignatureIts:
Subscribed and sworn to before me
On . 20_(Notary Public)
State of , County of
My Commission Expires:
~, I f
~ .j~ 1~1 ~ APpL/S
o~"~
~~~
PUBLIC H O U S I N GA IJ T'~~ H O R ~I 'C Y
1
PROCUREMENT DEPARTMENTf
Minn. Stat. § 16C.285 Responsible Construction Contractor Verification Form
A prime contractor or subcontractor (Contractor) must meet the minimum criteria inMinn. Stat. § 16C.285 to be eligible to be awarded a Construction Contract as the lowestresponsible bidder or the vendor or contractor offering the best value. A constructioncontractor does not include a material supplier. The minimum criteria are briefly listed
below. See § 16C.285 for definitions and further explanations.
A. Regardless of contract value, Contractor verifies that Contractor is currently:
1. is in compliance with workers' compensation and unemployment insurancerequirements;
2. is registered with the MN Department of Revenue and the Department ofEmployment and Economic Development, if it has employees;
3. has a valid federal tax identification number or if an individual, a valid SocialSecurity number; and
4. has filed a certificate of authority to transact business in Minnesota with thesecretary of state, if a foreign corporation or cooperative;
B. For contracts estimated in excess of $50,000, Contractor verifies thatContractor:
1, for the last three years from July 1, 2014, has not violated Minnesota laws 177.24minimum wage, 177.25 overtime, 177.41 prevailing wage, 177.42 to 177.44 for stateprojects; 181.13, prompt payment of wages, 181.14 settlement of disputes; 181.722misrepresentation of employment, Chapter 3266 construction codes and licensing;363A.36 revoked or suspended certificate of compliance or United States Code, title 40Fair Labor Standards Act ~t Sections 3141 to 3148 Davis-Bacon Act; orhas not received a final determination for a monetary sanction from the Department of
Administration or Transportation for failure to meet group business, disadvantaged
business enterprise or veteran-owned foals, due to lack of good faith effort;
2. is currently not suspended or debarred by the federal government or the State ofMinnesota or any of its departments, commissions, agencies or political subdivisions; and
3. all subcontractors that contractor intends to use shall verfify in writing tocontractor compliance with § 16C.285.
1001 Washington Ave, N Minneapolis, MN 55401 Form: RCCV_2015.1
i~M,NNEAPpI
/S
~1PuB~ic MousiNG
A iJ 'Z'' H O R ,~ 't Y
l
PROCUREMENT DEPARTMENT:~•
Minn. Stat. § 16C.285 Responsible Construction Contractor Verification Form
Within 14 days of retention, Contractor shall provided to MPHA a completed Minn. Stat. §16C.285 Responsible Construction Contractor Verification Form signed by everysubcontractor hired by contractor to perform work under this contract.
The undersigned affirms under penalty of perjury that the Contractor has complied withMinn. Stat. ~ 16C.285 and has met the minimums and that the information on this form istrue and correct.
Date:
Company's Legal Name:
Tax ID No:
By:Signature
Name:Print
Its:
Check One: Contractor -or- Subcontractor
1001 Washington Ave. N Minneapolis, MN 55401 Form: RCCV_2015.1
U.S. Department of Housingand Urban DevelopmentOffice of Public and Indian Housing
Representations, Certifications,and Other Statements of Bidders
Public and Indian Housing Programs
Previous edition is obsolete form HUD-5369-A (11/92)
Representations, Certifications,and Other Statements of BiddersPublic and Indian Housing Programs
Table of Contents
Clause
1. Certificate of Independent Price Determination
2. Contingent Fee Representation and Agreement
3. Certification and Disclosure Regarding Payments
to Influence Certain Federal Transactions
4. Organizational Conflicts of Interest Certification
5. Bidder's Certification of Eligibility
6. Minimum Bid Acceptance Period
7. Small, Minority, Women-Owned Business ConcernRepresentation
8. Indian-Owned Economic Enterprise and IndianOrganization Representation
9. Certification of Eligibility Under the Davis-Bacon Act
10, Certification of Nonsegregated Facilities
11. Clean Air and Water Certification
12. Previous Participation Certificate
13. Bidder's Signature
Page (iii) As an agent, has not personally participated, and will
~ not participate in any action contrary to subparagraphs (a)(1)
through (a)(3) above.1
(c) If the bidder deletes or modifies subparagraph (a)2 above, the
~ bidder must furnish with its bid a signed statement setting forth in
detail the circumstances of the disclosure.
2 Contractin Officer check if followin ara ra h is a licable2 C l C 9 9 P 9 P PP ~ l
(d) Non-collusive affidavit. (applicable to contracts for construction
2 and equipment exceeding $50,000)
2 (1) Each bidder shall execute, in the form provided by the PHA/
IHA, an affidavit to the effect that he/she has not colluded with any
other person, firm or corporation in regard to any bid submitted in
2 response to this solicitation. If the successful bidder did not submit
3 the affidavit with his/her bid, he/she must submit it within three (3)
g working days of bid opening. Failure to submit the affidavit by that
3 date may render the bid nonresponsive, No contract award will be
made without a properly executed affidavit.
3 (2) A fully executed "Non-collusive Affidavit" [ ] is, [ ] is not
3 included with the bid.
Certificate of Independent Price Determination
(a) The bidder certifies that--
(1) The prices in this bid have been arrived at independently,
without, for the purpose of restricting competition, any consultation,
communication, or agreement with any other bidder or competitor
relating to (i) those prices, (ii) the intention to submit a bid, or (iii) the
methods or factors used to calculate the prices offered;
(2) The prices in this bid have not been and will not be
knowingly disclosed by the bidder, directly or indirectly, to any other
bidder or competitor before bid opening (in the case of a sealed bid
solicitation) or contract award (in the case of a competitive proposal
solicitation) unless otherwise required by law; and
(3) No attempt has been made or will be made by the bidder to
induce any other concern to submit or not to submit a bid for the
purpose of restricting competition.
(b) Each signature on the bid is considered to be a certification by
the signatory that the signatory--
(1) Is the person in the bidder's organization responsible for
determining the prices being offered in this bid or proposal, and that
the signatory has not participated and will not participate in any
action contrary to subparagraphs (a)(I) through (a)(3) above; or
(2) (i) Has been authorized, in writing, to act as agent for the
following principals in certifying that those principals have not
participated, and will not participate in any action contrary to
subparagraphs (a)(I) through (a)(3) above.
[insert
full name of persons) in the bidder's organization responsible for
determining the prices offered in this bid or proposal, and the title of
his or her position in the bidder's organization];
(ii) As an authorized agent, does certify that the principals
named in subdivision (b)(2)(i) above have not participated, and will
not participate, in any action contrary to subparagraphs (a)(1)
through (a)(3) above; and
2. Contingent Fee Representation and Agreement
(a) Definitions. As used in this provision:
"Bona fide employee" means a person, employed by a bidder
and subject to the bidder's supervision and control as to time, place,
and manner of performance, who neither exerts, nor proposes to
exert improper influence to solicit or obtain contracts nor holds out
as being able to obtain any contracts) through improper influence.
"Improper influence" means any influence that induces or tends
to induce a PHA/IHA employee or officer to give consideration or to'
act regarding a PHA/IHA contract on any basis other than the merits
of the matter.
(b) The bidder represents and certifies as part of its bid that, except
for full-time bona fide employees working solely for the bidder, the
bidder:
(1) [ ]has, [ ]has not employed or retained any person or
company to solicit or obtain this contract; and
(2) [ ]has, [ ]has not paid or agreed to pay to any person or
company employed or retained to solicit or obtain this contract any
commission, percentage, brokerage, or other fee contingent upon or
resulting from the award of this contract.
(c) If the answer to either (a)(1) or (a)(2) above is affirmative, the
bidder shall make an immediate and full written disclosure to the
PHA/IHA Contracting Officer.
(d) Any misrepresentation by the bidder shall give the PHA/IHA the
right to (1) terminate the contract; (2) at its discretion, deduct from
contract payments the amount of any commission, percentage,
brokerage, or other contingent fee; or (3) take other remedy
pursuant to the contract.
3. Certification and Disclosure Regarding Payments to
Influence Certain Federal Transactions (applicable to
contracts exceeding $100,000)
(a) The definitions and prohibitions contained in Section 1352 of
title 31, United States Code, are hereby incorporated by reference
in paragraph (b) of this certification.
Previous edition is obsolete Pagel of 3 form HUD-5369•A (11/92)
(b) The bidder, by signing its bid, hereby certifies to the best of hisor her knowledge and belief as of December 23, 1989 that:
(1) No Federal appropriated funds have been paid or will bepaid to any person for influencing or attempting to influence anofficer or employee of any agency, a Member of Congress, an officeror employee of Congress, or an employee of a Member of Congresson his or her behalf in connection with the awarding of a contractresulting from this solicitation; .
(2) If any funds other than Federal appropriated funds (includ-ing profit or fee received under a covered Federal transaction) havebeen paid, or will be paid, to any person for influencing or attemptingto influence an officer or employee of any agency, a Member ofCongress, an officer or employee of Congress, or an employee of aMember of Congress on his or her behalf in connection with thissolicitation, the bidder shall complete and submit, with its bid, OMBstandard form LLL, "Disclosure of Lobbying Activities;" and
(3) He or she will include the language of this certification in allsubcontracts at any tier and require that ali recipients of subcontractawards in excess of $100,000 shall certify and disclose accordingly.
(c) Submission of this certification and disclosure is a prerequisitefor making or entering into this contract imposed by section 1352,title 31, United States Code. Any person who makes an expenditureprohibited under this provision or who fails to file or amend thedisclosure form to be filed or amended by this provision, shall besubject to a civil penalty of not less than $10,000, and not more than$100,000, for each such failure.
(d) Indian tribes (except those chartered by States) and Indianorganizations as defined in section 4 of the Indian Self-Determina-tion and Education Assistance Act (25 U.S.C. 4506) are exemptfrom the requirements of this provision.
4. Organizational Conflicts of Interest Certification
The bidder certifies that to the best of its knowledge and belief andexcept as otherwise disclosed, he or she does not have anyorganizational conflict of interest which is defined as a situation inwhich the nature of work to be performed under this proposedcontract and the bidder's organizational, financial, contractual, orother interests may, without some restriction on future activities:
(a) Result in an unfair competitive advantage to the bidder; or,
(b) Impair the bidder's objectivity in performing the contract work.
[ ] In the absence of any actual or apparent conflict, I hereby certifythat to the best of my knowledge and belief, no actual or apparentconflict of interest exists with regard to my possible performance ofthis procurement.
5. Bidder's Certification of Eligibility
(a) By the submission of this bid, the bidder certifies that to the bestof its knowledge and belief, neither it, nor any person or firm whichhas an interest in the bidder's firm, nor any of the bidder's subcon-tractors, is ineligible to:
(1) Be awarded contracts by any agency of the United StatesGovernment, HUD, or the State in which this contract is to beperformed; or,
(2) Participate in HUD programs pursuant to 24 CFR Part 24
(b) The certification in paragraph (a) above is a material represen-tation of fact upon which reliance was placed when making award.If it is later determined that the bidder knowingly rendered anerroneous certification, the contract may be terminated for default,and the bidder may be debarred or suspended from participation inHUD programs and other Federal contract programs.
Minimum Bid Acceptance Period
(a) "Acceptance period," as used in this provision, means thenumber of calendar days available to the PHA/IHA for awarding acontract from the date specified in this solicitation for receipt of bids.
(b) This provision supersedes any language pertaining to theacceptance period that may appear elsewhere in this solicitation.
(c) The PHA/IHA requires a minimum acceptance period of[Contracting Officer insert time period] calendar days.
(d) In the space provided immediately below, bidders may specifya longer acceptance period than the PHA's/IRA's minimum require-ment. The bidder allows the following acceptance period:calendar days.
(e) A bid allowing less than the PHA's/IRA's minimum acceptanceperiod will be rejected,
(f) The bidder agrees to execute all that it has undertaken to do, incompliance with its bid, if that bid is accepted in writing within (1) theacceptance period stated in paragraph (c) above or (2) any longeracceptance period stated in paragraph (d) above.
7. Small, Minority, Women-Owned Business ConcernRepresentation
The bidder represents and certifies as part of its bid/ offer that it --
(a) [ ] is, [ ] is not a small business concern. "Small businessconcern," as used in this provision, means a concern, including itsaffiliates, that is independently owned and operated, not dominantin the field of operation in which it is bidding, and qualified as a smallbusiness under the criteria and size standards in 13 CFR 121.
(b) [ ] is, [ ] is not a women-owned business enterprise. "Women-owned business enterprise," as used in this provision, means abusiness that is at least 51 percent owned by a woman or womenwho are U.S. citizens and who also control and operate the business.
(c) [ ] is, [ ] is not a minority business enterprise. "Minoritybusiness enterprise," as used in this provision, means a business
which is at least 51 percent owned or controlled by one or moreminority group members or, in the case of a publicly owned business,at least 51 percent of its voting stock is owned by one or moreminority group members, and whose management and daily opera-tionsare controlled by one or more such individuals. Forthe purpose
of this definition, minority group members are:
(Check the block applicable to you)
[ ]Black Americans [ ]Asian Pacific Americans
[ ] Hispanic Americans [ ]Asian Indian Americans
[ ] Native Americans [ ]Hasidic Jewish Americans
8. Indian-Owned Economic Enterprise and IndianOrganization Representation (applicable only if thissolicitation is for a contract to be performed on a project for anIndian Housing Authority)
The bidder represents and certifies that it:
(a) [ ] is, [ ] is not an Indian-owned economic enterprise."Economic enterprise," as used in this provision, means any com-mercial, industrial, or business activity established or organized forthe purpose of profit, which is at least 51 percent Indian owned."Indian," as used in this provision, means any person who is amember of any tribe, band, group, pueblo, or community which isrecognized by the Federal Government as eligible for services fromthe Bureau of Indian Affairs and any "Native" as defined in the AlaskaNative Claims Settlement Act.
(b) [ ] is, [ ] is not an Indian organization. "Indian organization,"as used in this provision, means the governing body of any Indiantribe or entity established or recognized by such governing body.Indian "tribe" means any Indian tribe, band, group, pueblo, or
Previous edition is obsolete Page 2 of 3 form HUD-5369-A (11/92)
community including Native villages and Native groups (including
corporations organized by Kenai, Juneau, Sitka, and Kodiak) as
defined in the Alaska Native Claims Settlement Act, which is
recognized by the Federal Government as eligible for services from
the Bureau of Indian Affairs.
9. Certification of Eligibility Under the Davis-Bacon
Act (applicable to construction contracts exceeding. $2,000)
(a) By the submission of this bid, the bidder certifies that neither it
nor any person or firm who has an interest in the bidder's firm is a
person orfirm ineligible to be awarded contracts bythe United States
Government by virtue of section 3(a) of the Davis-Bacon Act or 29
CFR 5.12(a)(1).
(b) No part of the contract resulting from this solicitation shall be
subcontracted to any person or firm ineligible to be awarded
contracts by the United States Government by virtue of section 3(a)
of the Davis-Bacon Act or 29 CFR 5.12(a)(1).
(c) The penalty for making false statements is prescribed in the U.
S. Criminal Code, 18 U.S.C. 1001.
'10. Certification of Nonsegregated Facilities (applicable
to contracts exceeding $10,000)
(a) The bidder's attention is called to the clause entitled Equal
Employment Opportunity of the General Conditions of the Con-
tract for Construction.
(b) "Segregated facilities," as used in this provision, means any
waiting rooms, work areas, rest rooms and wash rooms, restaurants
and other eating areas, time clocks, locker rooms and other storage
or dressing areas, parking lots, drinking fountains, recreation or
entertainment areas, transportation, and housing facilities provided
for employees, that are segregated by explicit directive or are in fact
segregated on the basis of race, color, religion, or national origin
because of habit, local custom, or otherwise.
(c) By the submission of this bid, the bidder certifies that it does not
and will not maintain or provide for its employees any segregated
facilities at any of its establishments, and that it does not and will not
permit its employees to perform their services at any location under
its control where segregated facilities are maintained. The bidder
agrees that a breach of this certification is a violation of the Equal
Employment Opportunity clause in the contract.
(d) The bidder further agrees that (except where it has obtained
identical certifications from proposed subcontractors for specific
time periods) prior to entering into subcontracts which exceed
$10,000 and are not exempt from the requirements of the Equal
Employment Opportunity clause, it will:
(1) Obtain identical certifications from the proposed subcon-
tractors;
(2) Retain the certifications in its files; and
(3) Forward the following notice to the proposed subcontrac-
tors (except if the proposed subcontractors have submitted identical
certifications for specific time periods):
Notice to Prospective Subcontractors of Requirement for
Certifications of Nonsegregated Facilities
A Certification of Nonsegregated Facilities must be submitted before
the award of a subcontract exceeding $10,000 which is not exempt
from the provisions of the Equal Employment Opportunity clause of
the prime contract. The certification may be submitted either for
each subcontract or for all subcontracts during a period (i.e.,
quarterly, semiannually, or annually).
Note: The penalty for making false statements in bids is prescribed
in 18 U.S.C. 1001.
11. Clean Air and Water Certification (applicable to con-
tracts exceeding $100,000)
The bidder certifies that:
(a) Any facility to be used in the performance of this contract [ ]
is,• [ ] is not listed on the Environmental Protection Agency List of
Violating Facilities:
(b) The bidder will immediately notify the PHA/IHA Contracting
Officer, before award, of the receipt of any communication from the
Administrator, or a designee, of the Environmental Protection
Agency, indicating that any facility that the bidder proposes to use
for the performance of the contract is under consideration to be
listed on the EPA List of Violating Facilities; and,
(c) The bidder will include a certification substantially the same as
this certification, including this paragraph (c), in every nonexempt
subcontract.
12. Previous Participation Certificate (applicable to
construction and equipment contracts exceeding $50,000)
(a) The bidder shall complete and submit with his/her bid the Form
HUD-2530, "Previous Participation Certificate." If the successful
bidder does not submit the certificate with his/her bid, he/she must
submit it within three (3) working days of bid opening. Failure to
submit the certificate by that date may render the bid nonresponsive.
No contract award will be made without a properly executed certifi-
cate.
(b) A fully executed "Previous Participation Certificate"
[ ] is, [ ] is not included with the bid.
13. Bidder's Signature
The bidder hereby certifies that the information contained in these
certifications and representations is accurate, complete, and
current.
(Signature and Date)
(Typed or Printed Name)
(Company Address)
Previous edition is obsolete Page 3 of 3 form HUD-5369-A (11/92)
MINNEAPOLIS PUBLIC HOUSING AUTHORITY
CERTIFICATE OF ACKNOWLEDGEMENT
The Principals) of the company submitting the Bid is/are (list each):
Name: Name:
Address: Address:
Name:
Address:
BID FORM
MPHA Contract #PH-15,;~~
(City; State, Zip Code) (City, State, Zip Code)
Name:
Address:
(City, State, Zip Code)
(Name of Bidder/Company)
(Official Business Address Including Zip Code + 4)
(Signature of Bidder/Principal)
Federal Tax I,D.#:
LICENSE #
(City of Minneapolis)
(City, State, Zip Code)
(Title)
Telephone #: ( )
LICENSE #
(State of Minnesota)
Certificate of Acknowledgement Must Be Completed and Properly Notarized
(See page D10 of Form)
BID FORM
MPHA Contract #PH15rei,~
CERTIFICATE OF ACKNOWLEDGEMENT OF CORPORATION
STATE OF
COUNTY OF ~ ) ss On this day of 20
before me, a Notary Public for the county, personally appeared and
to me personally known, who, being by me duly sworn, did say that
they are respectively the and the ~ of
,the corporation named in the foregoing
instrument. The seal affixed to the instrument is the corporate seal of the corporation, and that the
instrument was signed and sealed in behalf of the corporation by authority of its Board of
and the acknowledges the instrument to be the free
act and deed of the corporation.
My Commission Expires
STATE OF
Notary Public
County of
CERTIFICATE OF ACKNOWLEDGEMENT BY PARTNERSHIP
COUNTY OF ) ss On this day of
before me, a Notary Public for the county, personally appeared and
to me personally known to be
all of the Partners doing business under the Partnership name of
,who, being by me duly sworn, who
executed the foregoing instrument and acknowledge that the seal affixed to the instrument is the seal
of the partnership, and that the instrument was signed and~sealed in behalf of the partnership and the
partners acknowledge the instrument to the free act and deed of the partnership.
My Commission Expires
STATE OF
COUNTY OF
Notary Public
County of
CERTIFICATE OF ACKNOWLEDGEMENT BY INDIVIDUAL
'ss On this day of
before me, a Notary Public for the county, personally appeared , to me
known to be the person described in and who
executed the foregoing instrument and acknowledges to me that he/she executed the same as his/her
own free act and deed.
My Commission .Expires Notary Public
County of
General Conditions for Construction U.S. Department of Housing and UrbanDevelopment
Contracts -Public Housing Programs Office of Public and Indian HousingOMB Approval No. 2577-0157 (exp. 1/31/2017)
Applicability. This form is applicable to any
construction/development contract greater than $100,000.
This form includes those clauses required by OMB's common rule on grantee procurement, implemented at HUD in 24 CFR 85.36, andthose requirements set forth in Section 3 of the Housing and Urban Development Act of 1968 and its amendment by the Housing andCommunity Development Act of 1992, implemented by HUD at 24 CFR Part 135. The form is required for construction contractsawarded by Public Housing Agencies (PHAs).The form is used by Housing Authorities in solicitations to provide necessary contract clauses. If the form were not used, HAs would beunable to enforce their contracts.Public reporting burden for this collection of information is estimated to average 1.0 hours per response, including the time for reviewinginstructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collectionof information. Responses to the collection of information are required to obtain a benefit or to retain a benefit.The information requested does not lend itself to confidentiality.HUD may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a currentlyvalid OMB number.
Clause ~ Clause ~
1. Definitions 2 ~ - •
Contract Period2. Contractor's Res onsibilit for Work 2 25, 9
3. ArchitecPs Duties, Responsibilities and Authority 2 26. Order of Precedence 9
4. Other Contracts 3 27. Pa ments 9~ ~ - _ ~ 28. Contract Modifications '10
5. Preconstruction Conference and Notice to Proceed 3 29. Chan es 10
6. Construction Pro ress Schedule 3 30. Sus ension of Work 11
7. Site Investi ation and Conditions Affectin the Work 3 31. Dis utes 11
8. Differin Site Conditions 4 32. Default 11
9. S ecifications and Drawin s for Construction 4 33. Li uidated 12
10. As-Built Drawin s 5 34. Termination of Convenience 12
11. Material and Workmanshi 5 35. Assi nment of Contract 12
12. Permits and Codes 5 36. Insurance 12
13. Health, Safet ,and Accident Prevention 6 37. Subcontracts 13
'K► Temporary Buildings and Transportation Materials e ~ Subcontracting with Small and Minority Firms, Women'sBusiness Enter rise, andLabor Sur lus Area Firms
'~
15. Availabilit and Use of Utilit Services 6 39. E ual Em to ment O ortunit 13
'►~ Protection of Existing Vegetation, Structures, Equipment,Utilities, and Improvements 6
~ Employment, Training, and Contracting Opportunitiesfor Low-Income Persons, Section 3 of the Housing andUrban Development Act of 1968
'~+
17. Tem ora Buildin sand Trans ortation Materials 7 41. Interest of Members of Con Tess 15its c;iean Hir and vvater i ~= Interest of Members, Officers, or Employees and
Former Members, Officers, or Employeesb
19. Ener Efficienc 7 43. Limitations on Pa ments Made to Influence 15
20. Ins ection and Acce lance of Construction 7 44. Ro allies and Patents 15
21. Use and Possession Prior to Com letion 8 45. Examination and Retention of Contractor's Records 15
22. Warranty of Title 8 46. Labor Standards-Davis-Bacon and Related Acts 15
23. Warrant of Construction 8 47. Non-Federal Prevailin Wa e Rates 19
24. Prohibition Against Liens 9 48. Procurement of Recovered Materials 19
Previous editions are obsolete Page 1 of 19 form HL1D-5370 (1/2014)
Replaces form HUD-5370-A
1. Definitions
(a) "Architect' means the person or other entity engaged by
the PHA to perform architectural, engineering, design,
and other services related to the work as provided for in
the contract. When a PHA uses an engineer to actin this
capacity, the terms "architect" and "engineer' shall be
synonymous. The Architect shall serve as a technical
representative of the Contracting Officer. The Architects
authority is as set forth elsewhere in this contract.
(b) "Contract' means the contract entered into between the
PHA and the Contractor. It includes the forms of Bid, the
Bid Bond, the Performance and Payment Bond or Bonds
or other assurance of completion, the Certifications,
Representations, and Other Statements of Bidders (form
HUD-5370), these General Conditions of the Contract for
Construction (form HUD-5370), the applicable wage rate
determinations from the U.S. Department of Labor, any
special conditions included elsewhere in the contract, the
specifications, and drawings. It includes all formalchanges to any of those documents by addendum,
change order, or other modification.(c) "Contracting Officer" means the person delegated the au-
thority by the PHA to enter into, administer, and/orterminate this contract and designated as such in writing
to the Contractor. The term includes any successor
Contracting Officer and any duly authorized
representative of the Contracting Officer also designated
in writing. The Contracting O~cer shall be deemed the
authorized agent of the PHA in all dealings with the
Contractor.(d) "Contractor" means the person or other entity entering
into the contract with the PHA to perform all of the work
required under the contract.(e) "Drawings" means the drawings enumerated in the
schedule of drawings contained in the Specifications and
as described in the contract clause entitled Specifications
and Drawings for Construction herein.(~ "HUD" means the United States of America acting through
the Department of Housing and Urban Developmentincluding the Secretary, or any other person designated to
act on its behalf. HUD has agreed, subject to the
provisions of an Annual Contributions Contract (ACC), to
provide financial assistance to the PHA, which includes
assistance in financing the work to be performed under
this contract. As defined elsewhere in these GeneralConditions or the contract documents, the determination
of HUD may be required to authorize changes in the work
or for release of funds to the PHA for payment to the
Contractor. Notwithstanding HUD's role, nothing in this
contract shall be construed to create any contractual
relationship between the Contractor and HUD.
(g) "Project' means the entire project, whether constructionor rehabilitation, the work for which is provided for in
whole or in part under this contract.(h) "PHA" means the Public Housing Agency organized
under applicable state laws which is a party to this
contract.Q) "Specifications" means the written description of the
technical requirements for construction and includes the
criteria and tests for determining whether therequirements are met.
(I) "Work" means materials, workmanship, and manufacture
and fabrication of components.
2. Contractor's Responsibility for Work
(a)1'he Contractor shall furnish ail necessary labor,materials, tools, equipment, and transportation necessary
for performance of the work. The Contractor shall also
furnish all necessary water, heat, light, and power not
made available to the Contractor by the PHA pursuant to
the clause entitled Availability and Use of Utility Services
herein.(b) The Contractor shall perform on the site, and with its own
organization, work equivalent to at least [ ] (12 percent
unless otherwise indicated) of the total amount of work to
be performed under the order. This percentage may bereduced by a supplemental agreement to this order if,
during performing the work, the Contractor requests areduction and the Contracting Officer determines that the
reduction would be to the advantage of the PHA.
(c) At all times during performance of this contract and untilthe work is completed and accepted, the Contractor shall
directly superintend the work or assign and have on the
work site a competent superintendent who is satisfactoryto the Contracting Officer and has authority to act for the
Contractor.(d) The Contractor shall be responsible for all damages to
persons or property that occur as a result of theContractor's fault or negligence, and shall take proper
safety and health precautions to protect the work, theworkers, the public, and the property of others. The
Contractor shall hold and save the PHA, its officers andagents, free and harmless from liability of any nature
occasioned by the Contractor's performance. The
Contractor shall also be responsible for all materials
delivered and work performed until completion and
acceptance of the entire work, except for any completed
unit of work which may have been accepted under thecontrail.
(e) The Contractor shall lay out the work from base lines and
bench marks indicated on the drawings and beresponsible for all lines, levels, and measurements of all
work executed under the contract. The Contractor shall
verify the figures before laying out the work and will beheld responsible for any error resulting from its failure to
do so.(~ The Contractor shall confine all operations (including
storage of materials) on PHA premises to areasauthorized or approved by the Contracting O~cer.
(g) The Contractor shall at all times keep the work area,
including storage areas, free from accumulations of
waste materials. After completing the work and before
final inspection, the Contractor shall (1) remove from the
premises all scaffolding, equipment, tools, and materials
(including rejected materials) that are not the property of
the PHA and all rubbish caused by its work; (2) leave the
work area in a clean, neat, and orderly conditionsatisfactory to the Contracting O~cer; (3) perform all
specified tests; and, (4) deliver the installation incomplete and operating condition.
(h) The Contractors responsibility will terminate when all
work has been completed, the final inspection made, and
the work accepted by the Contracting Officer. The
Contractor will then be released from further obligationexcept as required by the warranties specified elsewhere
in the contract.
3. Architect's Duties, Responsibilities, and Authority
(a) The Architect for this contract, and any successor, shall
be designated in writing by the Contracting Officer.
Previous editions are obsolete Page 2 of 19 form HUD-5370 (1/2014)
Replaces form HUD-5370-A
(b) The Architect shall serve as the Contracting Officer'stechnical representative with respect to architectural,engineering, and design matters related to the workperformed under the contract. The Architect may providedirection on contract performance. Such direction shall bewithin the scope of the contract and may not be of anature which: (1) institutes additional work outside thescope of the contract; (2) constitutes a change as definedin the Changes clause herein; (3) causes an increase ordecrease in the cost of the contract; (4) alters theConstruction Progress Schedule; or (5) changes any ofthe other express terms or conditions of the contract.
(c) The Architects duties and responsibilities may include butshall not be limited to:(1) Making periodic visits to the work site, and on the
basis of his/her on-site inspections, issuing writtenreports to the PHA which shall include all observeddeficiencies. The Architect shall file a copy of thereport with the Contractor's designated representativeat the site;
(2) Making modifications in drawings and technicalspecifications and assisting the Contracting Officer inthe preparation of change orders and other contractmodifications for issuance by the Contracting Officer;
(3) Reviewing and making recommendations with respectto - (i) the Contractor's construction progressschedules; (ii) the Contractors shop and detaileddrawings; (iii) the machinery, mechanical and otherequipment and materials or other articles proposedfor use by the Contractor; and, (iv) the Contractor'sprice breakdown and progress payment estimates;~,
(4) Assisting in inspections, signing Certificates ofCompletion, and making recommendations withrespect to acceptance of work completed under thecontract.
4.Other Contracts
The PHA may undertake or award other contracts foradditional work at or near the site of the work under thiscontract. The Contractor shall fully cooperate with theother contractors and with PHA employees and shallcarefully adapt scheduling and performing the work underthis contract to accommodate the additional work, heedingany direction that may be provided by the ContractingOfficer. The Contractor shall not commit or permit any actthat will interfere with the performance of work by anyother contractor or by PHA employees
;~~~Construction~Reguirements=
5. Pre-construction Conference and Notice to Proceed
(a) Within ten calendar days of contract execution, and priorto the commencement of work, the Contractor shallattend a preconstruction conference with representativesof the PHA, its Architect, and other interested partiesconvened by the PHA. The conference will serve toacquaint the participants with the general plan of theconstruction operation and all other requirements of thecontract. The PHA will provide the Contractor with thedate, time, and place of the conference.
(b) The contractor shall begin work upon receipt of a writtenNotice to Proceed from the Contracting Officer ordesignee. The Contractor shall not begin work prior toreceiving such notice.
6. Construction Progress Schedule
(a) The Contractor shall, within five days after the workcommences on the contract or another period of timedetermined by the Contracting Officer, prepare andsubmit to the Contracting Officer for approval three copiesof a practicable schedule showing the order in which theContractor proposes to perform the work, and the dateson which the Contractor contemplates starting andcompleting the several salient features of the work(including acquiring labor, materials, and equipment). Theschedule shall be in the form of a progress chart ofsuitable scale to indicate appropriately the percentage ofwork scheduled for completion by any given date duringthe period. If the Contractor fails to submit a schedulewithin the time prescribed, the Contracting Officer maywithhold approval of progress payments or take otherremedies under the contract until the Contractor submitsthe required schedule.
(b) The Contractor shall enter the actual progress on thechart as required by the Contracting Officer, andimmediately deliver three copies of the annotatedschedule to the Contracting Officer. If the ContractingOfficer determines, upon the basis of inspectionconducted pursuant to the clause entitled Inspection andAcceptance of Construction, herein that the Contractor isnot meeting the approved schedule, the Contractor shalltake steps necessary to improve its progress, includingthose that may be required by the Contracting Officer,without additional cost to the PHA. In this circumstance,the Contracting Officer may require the Contractor toincrease the number of shifts, overtime operations, daysof work, and/or the amount of construction plant, and tosubmit for approval any supplementary schedule orschedules in chart form as the Contracting Officer deemsnecessary to demonstrate how the approved rate ofprogress will be regained.
(c) Failure of the Contractor to comply with the requirementsof the Contracting Officer under this clause shall begrounds for a determination by the Contracting Officer thatthe Contractor is not prosecuting the work with sufficientdiligence to ensure completion within the timespecified in the Contract. Upon making thisdetermination, the Contracting Officer may terminate theContractor's right to proceed with the work, or anyseparable part of it, in accordance with the Default clauseof this contract.
7. Site Investigation and Conditions Affecting the Work
(a) The Contractor acknowledges that it has taken stepsreasonably necessary to ascertain the nature and locationof the work, and that it has investigated and satisfied itselfas to the general and local conditions which can affect thework or its cost, including but not limited to, (1) conditionsbearing upon transportation, disposal, handling, andstorage of materials; (2) the availability of labor, water,electric power, and roads;(3) uncertainties of weather,river stages, tides, or similar physical conditions at thesite; (4) the conformation and conditions of the ground;and (5) the character of equipment and facilities neededpreliminary to and during work performance, TheContractor also acknowledges that it has satisfied itself asto the character, quality, and quantity of surface andsubsurface materials or obstacles to be encounteredinsofar as this information is
Previous editions are obsolete Page 3 of 19 form HUD-5370 (1/2014)Replaces form HUD-5370-A
reasonably ascertainable from an inspection of the site,including all exploratory work done by the PHA, as wellas from the drawings and specifications made a part ofthis contract. Any failure of the contractor to take theactions described and acknowledged in this paragraphwill not relieve the Contractor from responsibility forestimating properly the difficulty and cost of successfullyperforming the work, or for proceeding to successfullyperform the work without additional expense to the PHA.
(b) The PHA assumes no responsibility for any conclusions
or interpretations made by the Contractor based on theinformation made available by the PHA. Nor does thePHA assume responsibility for any understandingreached or representation made concerning conditions
which can affect the work by any of its officers or agentsbefore the execution of this contract, unless thatunderstanding or representation is expressly stated inthis contract.
8. Differing Site Conditions
(a) The Contractor shall promptly, and before the conditionsare disturbed, give a written notice to the ContractingOfficer of (1) subsurface or latent physical conditions atthe site which differ materially from those indicated in thiscontract, or (2) unknown physical conditions at thesite(s), of an unusual nature, which differ materially fromthose ordinarily encountered and generally recognized asinhering in work of the character provided for in thecontract.
(b) The Contracting Officer shall investigate the siteconditions promptly after receiving the notice. Work shallnot proceed at the affected site, except at theContractors risk, until the Contracting Officer hasprovided written instructions to the Contractor. If theconditions do materially so differ and cause an increase
or decrease in the Contractor's cost of, or the timerequired for, performing any part of the work under thiscontract, whether or not changed as a result of theconditions, the Contractor shall file a claim in writing tothe PHA within ten days after receipt of such instructionsand, in any event, before proceeding with the work. Anequitable adjustment in the contract price, the deliveryschedule, or both shall be made under this clause andthe contract modified in writing accordingly.
(c) No request by the Contractor for an equitable adjustmentto the contract under this clause shall be allowed, unlessthe Contractor has given the written notice required;provided, that the time prescribed in (a) above for givingwritten notice may be extended by the ContractingOfficer.
(d) No request by the Contractor for an equitable adjustmentto the contract for differing site conditions shall beallowed if made after final payment under this contract.
9. Specifications and Drawings for Construction
(a) The Contractor shall keep on the work site a copy of thedrawings and specifications and shall at all times give theContracting Officer access thereto. Anything mentionedin the specifications and not shown on the drawings, orshown on the drawings and not mentioned in thespecifications, shall be of like effect as if shown ormentioned in both. In case of difference betweendrawings and specifications, the specifications shallgovern. In case of discrepancy in the figures, in thedrawings, or in the specifications, the matter shall be
promptly submitted to the Contracting Officer, who shallpromptly make a determination in writing. Any adjustmentby the Contractor without such a determination shall be atits own risk and expense. The Contracting Otficer shallfurnish from time to time such detailed drawings and otherinformation as considered necessary, unlessotherwise provided.
(b) Wherever in the specifications or upon the drawings thewords "directed", "required", "ordered", "designated","prescribed", or words of like import are used, it shall be
understood that the "direction", "requirement', "order","designation", or "prescription", of the Contracting Officeris intended and similarly the words "approved","acceptable", "satisfactory', or words of like import shall
mean "approved b~', or "acceptable to"° Ur=Satisfactory
to" the Contracting Officer, unless otherwise expresslystated.
(c) Where "shown" "indicated", "detailed", or wordsof similar import are used, it shall be understood that thereference is made to the drawings accompanying thiscontract unless stated otherwise. The word "provided" asused herein shall be understood to mean "providecomplete in place" that is "furnished and installed".
(d) "Shop drawings" means drawings, submitted to the PHAby the Contractor, subcontractor, or any lower tiersubcontractor, showing in detail (1) the proposedfabrication and assembly of structural elements and (2)the installation (i.e., form, fit, and attachment details) ofmaterials of equipment. It includes drawings, diagrams,layouts, schematics, descriptive literature, illustrations,schedules, performance and test data, and similarmaterials furnished by the Contractor to explain in detailspecific portions of the work required by the contract. ThePHA may duplicate, use, and disclose in any manner andfor any purpose shop drawings delivered under thiscontract
(e) If this contract requires shop drawings, the Contractorshall coordinate all such drawings, and review them foraccuracy, completeness, and compliance with othercontract requirements and shall indicate its approvalthereon as evidence of such coordination and review.Shop drawings submitted to the Contracting Officerwithout evidence of the Contractor's approval may bereturned for resubmission. The Contracting Officer willindicate an approval or disapproval of the shop drawingsand if not approved as submitted shall indicate the PHA'sreasons therefore. Any work done before such approvalshall be at the Contractor's risk. Approval by theContracting Officer shall not relieve the Contractor fromresponsibility for any errors or omissions in suchdrawings, nor from responsibility for complying with therequirements of this contract, except with respect tovariations described and approved in accordance with (~belay.
(~ If shop drawings show variations from the contractrequirements, the Contractor shall describe suchvariations in writing, separate from the drawings, at thetime of submission. If the Architect approves any suchvariation and the Contracting Officer concurs, theContracting Officer shall issue an appropriatemodification to the contract, except that, if the variation isminor or does not involve a change in price or in time ofperformance, a modification need not be issued.
(g) It shall be the responsibility of the Contractor to maketimely requests of the PHA for such large scale and fullsize drawings, color schemes, and other additionalinformation, not already in his possession, which shall be
Previous editions are obsolete Page 4 of 19 form HUD-5370 (1/2014)
Replaces form HUD-5370-A
required in the planning and production of the work. Suchrequests may be submitted as the need arises, but eachsuch request shall be filed in ample time to permit 'appropriate action to be taken by all parties involved soas to avoid delay.
(h) The Contractor shall submit to the Contracting Officer forapproval four copies (unless otherwise indicated) of allshop drawings as called for under the various headingsof these specifications. Three sets (unless otherwiseindicated) of all shop drawings, will be retained by thePHA and one set will be returned to the Contractor. Asrequired by the Contracting Officer, the Contractor, uponcompleting the work under this contract, shall furnish acomplete set of all shop drawings as finally approved.These drawings shall show all changes and revisionsmade up to the time the work is completed and accepted.
(i) This clause shall be included in all subcontracts at any tier.It shall be the responsibility of the Contractor to ensurethat all shop drawings prepared by subcontractors aresubmitted to the Contracting Officer.
10. As-Built Drawings
(a) "As-built drawings," as used in this clause, meansdrawings submitted by the Contractor or subcontractor atany tier to show the construction of a particular structureor work as actually completed under the contract. "As-builtdrawings" shall be synonymous with "Recorddrawings."
(b) As required by the Contracting Officer, the Contractorshall provide the Contracting Officer accurate informationto be used in the preparation of permanent as-builtdrawings. For this purpose, the Contractor shall record onone set of contract drawings all changes from theinstallations originally indicated, and record final locationsof underground lines by depth from finish grade and byaccurate horizontal offset distances to permanent surfaceimprovements such as buildings, curbs, or edges ofwalks.
(c) This clause shall be included in all subcontracts at anytier. It shall be the responsibility of the Contractor toensure that all as-built drawings prepared bysubcontractors are submitted to the Contracting Officer.
11. Material and Workmanship
(a) All equipment, material, and articles furnished under thiscontract shall be new and of the most suitable grade forthe purpose intended, unless otherwise specificallyprovided in this contract. References in the contract toequipment, material, articles, or patented processes bytrade name, make, or catalog number, shall be regardedas establishing a standard of quality and shall not beconstrued as limiting competition. The Contractor may, atits option, use any equipment, material, article, orprocess that, in the judgment of, and as approved by theContracting Officer, is equal to that named in thespecifications, unless otherwise specifically provided inthis contract.
(b) Approval of equipment and materials.(1) The Contractor shall obtain the Contracting Officer's
approval of the machinery and mechanical and otherequipment to be incorporated into the work. Whenrequesting approval, the Contractor shall furnish to theContracting Officer the name of the manufacturer, themodel number, and other information concerning theperformance, capacity, nature, and rating of the
machinery and mechanical and other equipment.When required by this contract or by the ContractingOfficer, the Contractor shall also obtain theContracting Officer's approval of the material orarticles which the Contractor contemplates .incorporating into the work. When requestingapproval, the Contractor shall provide full informationconcerning the material or articles. Machinery,equipment, material, and articles that do not have therequired approval shall be installed or used at the riskof subsequent rejection.
(2) When required by the specifications or theContracting Officer, the Contractor shall submitappropriately marked samples (and certificatesrelated to them) for approval at the Contractorsexpense, with all shipping charges prepaid. TheContractor shall label, or otherwise properly mark onthe container, the material or product represented, itsplace of origin, the name of the producer, theContractor's name, and the identification of theconstruction project for which the material or productis intended to be used.
(3) Certificates shall be submitted in triplicate, describingeach sample submitted for approval and certifyingthat the material, equipment or accessory complieswith contract requirements. The certificates shallinclude the name and brand of the product, name ofmanufacturer, and the location where produced.
(4) Approval of a sample shall not constitute a waiver ofthe PHA right to demand full compliance with contractrequirements. Materials, equipment and accessoriesmay be rejected for cause even though samples havebeen approved.
(5) Wherever materials are required to comply withrecognized standards or specifications, suchspecifications shall be accepted as establishing thetechnical qualities and testing methods, but shall notgovern the number of tests required to be made normodify other contract requirements. The ContractingOfficer may require laboratory test reports on itemssubmitted for approval or may approve materials onthe basis of data submitted in certificates withsamples. Check tests will be made on materialsdelivered for use only as frequently as the ContractingOfficer determines necessary to insure compliance ofmaterials with the specifications. The Contractor willassume all costs of retesting materials which fail tomeet contract requirements and/or testing materialsoffered in substitution for those found deficient.
(6) After approval, samples will be kept in the Projectoffice until completion of work. They may be built intothe work after a substantial quantity of the materialsthey represent has been built in and accepted.
(c) Requirements concerning lead-based paint. TheContractor shall comply with the requirements concerninglead-based paint contained in the Lead-Based PaintPoisoning Prevention Act (42 U.S.C. 4821-4846) asimplemented by 24 CFR Part 35.
12. Permits and Codes
(a) The Contractor shall give all notices and comply with allapplicable laws, ordinances, codes, rules and regulations.Notwithstanding the requirement of the Contractor tocomply with the drawings and specifications in thecontract, all work installed shall comply with all applicablecodes and regulations as amended by any
Previous editions are obsolete Page 5 of 19 form HUD-5370 (1/2014)
Replaces form HUD-5370-A
waivers. Before installing the work, the Contractor shallexamine the drawings and the specifications forcompliance with applicable codes and regulationsbearing on the work and shall immediately report anydiscrepancy it may discover to the Contracting Officer.Where the requirements of the drawings andspecifications fail to comply with the applicable code orregulation, the Contracting Officer shall modify thecontract by change order pursuant to the clause entitledChanges herein to conform to the code or regulation.
(b) The Contractor shall secure and pay for all permits, fees,
and licenses necessary for the proper execution andcompletion of the work. Where the PHA can arrange forthe issuance of all or part of these permits, fees andlicenses, without cost to the Contractor, the contractamount shall be reduced accordingly.
13. Health, Safety, and Accident Prevention
(a) In performing this contract, the Contractor shall:(1) Ensure that no laborer or mechanic shall be required
to work in surroundings or under working conditionswhich are unsanitary, hazardous, or dangerous tohis/her health and/or safety as determined underconstruction safety and health standards promulgatedby the Secretary of Labor by regulation;
(2) Protect the lives, health, and safety of other persons;(3) Prevent damage to property, materials, supplies, and
equipment; and,(4) Avoid work interruptions.
(b) For these purposes, the Contractor shall:(1) Comply with regulations and standards issued by the
Secretary of Labor at 29 CFR Part 1926. Failure tocomply may result in imposition of sanctions pursuantto the Contract Work Hours and Safety Standards Act(Public Law 91-54, 83 Stat. 96), 40 U.S.C. 3701 etseq.; and
(2) Include the terms of this clause in every subcontractso that such terms will be binding on eachsubcontractor.
(c) The Contractor shall maintain an accurate record ofexposure data on all accidents incident to work performedunder this contract resulting in death, traumatic injury,occupational disease, or damage to property, materials,supplies, or equipment, and shall report this data in themanner prescribed by 29 CFR Part19D4.
(d) The Contracting Officer shall notify the Contractor of anynoncompliance with these requirements and of thecorrective action required. This notice, when delivered tothe Contractor or the Contractor's representative at thesite of the work, shall be deemed sufficient notice of thenoncompliance and corrective action required. Afterreceiving the notice, the Contractor shall immediatelytake corrective action. If the Contractor fails or refuses to
take corrective action promptly, the Contracting Officermay issue an order stopping all or part of the work untilsatisfactory corrective action has been taken. TheContractor shall not base any claim or request forequitable adjustment for additional time or money on anystop order issued under these circumstances.
(e) The Contractor shall be responsible for its subcontractors'
compliance with the provisions of this clause. TheContractor shall take such action with respect to anysubcontract as the PHA, the Secretary of Housing andUrban Development, or the Secretary of Labor shalldirect as a means of enforcing such provisions.
14. Temporary Heating
The Contractor shall provide and pay for temporaryheating, covering, and enclosures necessary to properlyprotect all work and materials against damage bydampness and cold, to dry out the work, and to facilitatethe completion of the work. Any permanent heatingequipment used shall be turned over to the PHA in thecondition and at the time required by the specifications.
15. Availability and Use of Utility Services
(a) The PHA shall make ail reasonably required amounts ofutilities available to the Contractor from existing outletsand supplies, as specified in the contract. Unlessotherwise provided in the contract, the amount of eachutility service consumed shall be charged to or paid for bythe Contractor at prevailing rates charged to the PHA or,where the utility is produced by the PHA, at reasonablerates determined by the Contracting Officer. TheContractor shall carefully conserve any utilities furnishedwithout charge.
(b) The Contractor, at its expense and in a mannersatisfactory to the Contracting Officer, shall install andmaintain all necessary temporary connections anddistribution lines, and all meters required to measure theamount of each utility used for the purpose ofdetermining charges. Before final acceptance of the workby the PHA, the Contractor shall remove ail thetemporary connections, distribution lines, meters, andassociated paraphernalia.
16. Protection of Existing Vegetation, Structures,Equipment, Utilities, and Improvements
(a)'The Contractor shall preserve and protect all structures,equipment, and vegetation (such as trees, shrubs, andgrass) on or adjacent to the work site, which are not to beremoved under this contract, and which do notunreasonably interfere with the work required under thiscontract
(b) The Contractor shall only remove trees when specificallyauthorized to do so, and shall avoid damaging vegetationthat will remain in place. If any limbs or branches of treesare broken during performance of this contract, or by thecareless operation of equipment, or by workmen, theContractor shall trim those limbs or branches, with a clean
cut and paint the cut with atree-pruning compound asdirected by the Contracting Officer.
(c) The Contractor shall protect from damage ail existingimprovements and utilities (1) at or near the work site and(2) on adjacent property of a third party, the locations ofwhich are made known to or should be known by theContractor. Prior to disturbing the ground at theconstruction site, the Contractor shall ensure that allunderground utility lines are clearly marked.
(d) The Contractor shall shore up, brace, underpin, secure,and protect as necessary all foundations and other parts
of existing structures adjacent to, adjoining, and in thevicinity of the site, which may be affected by theexcavations or other operations connected with theconstruction of the project.
(e) Any equipment temporarily removed as a result of workunder this contract shall be protected, cleaned, andreplaced in the same condition as at the time of award ofthis contract.
Previous editions are obsolete Page 6 of 19 form HLTD-5370 (1/2014)
Replaces form HUD-5370-A
(~ New work which connects to existing work shallcorrespond in all respects with that to which it connectsand/or be similar to existing work unless otherwiserequired by the specifications.
(g) No structural members shall be altered or in any wayweakened without the written authorization of theContracting Officer, unless such work is clearly specifiedin the plans or specifications.
(h) If the removal of the existing work exposes discolored orunfinished surfaces, or work out of alignment, suchsurfaces shall be refinished, or the material replaced asnecessary to make the continuous work uniform andharmonious. This, however, shall not be construed torequire the refinishing or reconstruction of dissimilarfinishes previously exposed, or finished surfaces in goodcondition, but in different planes or on different levelswhen brought together by the removal of interveningwork, unless such refinishing or reconstruction isspecified in the plans or specifications.
(i) The Contractor shall give all required notices to anyadjoining or adjacent property owner or other party beforethe commencement of any work.
Q) The Contractor shall indemnify and save harmless thePHA from any damages on account of settlement or theloss of lateral support of adjoining property, any damagesfrom changes in topography affecting drainage, and fromall loss or expense and all damages for which the PHAmay become liable in consequence of such injury ordamage to adjoining and adjacent structures and theirpremises.
(k) The Contractor shall repair any damage to vegetation,structures, equipment, utilities, or improvements,including those that are the property of a third party,resulting from failure to comply with the requirements ofthis contract or failure to exercise reasonable care inperforming the work. If the Contractor fails or refuses torepair the damage promptly, the Contracting O~cer mayhave the necessary work performed and charge the costto the Contractor.
17. Temporary Buildings and Transportation of Materials
(a) Temporary buildings (e.g., storage sheds, shops, offices,sanitary facilities) and utilities may be erected by theContractor only with the approval of the ContractingOfficer and shall be built with labor and materialsfurnished by the Contractor without expense to the PHA.The temporary buildings and utilities shall remain theproperty of the Contractor and shall be removed by theContractor at its expense upon completion of the work.With the written consent of the Contracting O~cer, thebuildings and utilities may be abandoned and need notbe removed.
(b) The Contractor shall, as directed by the ContractingOfficer, use only established roadways, or use temporaryroadways constructed by the Contractor when and asauthorized by the Contracting Officer. When materials aretransported in prosecuting the work, vehicles shall not beloaded beyond the loading capacity recommended by themanufacturer of the vehicle or prescribed by any federal,state, or local law or regulation. When it is necessary tocross curbs or sidewalks, the Contractor shall protect themfrom damage. The Contractor shall repair or pay for therepair of any damaged curbs, sidewalks, or roads.
18. Clean Air and Water
The contactor shall comply with the Clean Air Act, asamended, 42 USC 7401 et seq., the Federal WaterPollution Control Water Act, as amended, 33 U.S.C. 1251et seq., and standards issued pursuant thereto in thefacilities in which this contract is to be performed.
19. Energy Efficiency
The Contractor shall comply with mandatory standardsand policies relating to energy efficiency which arecontained in the energy conservation plan issued incompliance with the Energy Policy and Conservation Act(Pub. L. 94-163) for the State in which the work under thecontract is performed.
20. Inspection and Acceptance of Construction
(a) Definitions. As used in this clause -(1) "Acceptance" means the act of an authorizedrepresentative of the PHA by which the PHA approvesand assumes ownership of the work performed under thiscontract. Acceptance may be partial or complete.
(2) "Inspection" means examining and testing the workperformed under the contract (including, whenappropriate, raw materials, equipment, components, andintermediate assemblies) to determine whether itconforms to contract requirements.(3) "Testing" means that element of inspection thatdetermines the properties or elements, includingfunctional operation of materials, equipment, or theircomponents, by the application of established scientificprinciples and procedures.
(b) The Contractor shall maintain an adequate inspectionsystem and perform such inspections as will ensure thatthe work performed under the contract conforms tocontract requirements. All work is subject to PHAinspection and test at all places and at all reasonabletimes before acceptance to ensure strict compliance withthe terms of the contract.
(c) PHA inspections and tests are for the sole benefit of thePHA and do not: (1) relieve the Contractor ofresponsibility for providing adequate quality controlmeasures; (2) relieve the Contractor of responsibility forloss or damage of the material before acceptance; (3)constitute or imply acceptance; or, (4) affect thecontinuing rights of the PHA after acceptance of thecompleted work under paragraph (j) below,
(d) The presence or absence of the PHA inspector does notrelieve the Contractor from any contract requirement, noris the inspector authorized to change any term orcondition of the specifications without the ContractingOfficers written authorization. All instructions andapprovals with respect to the work shall be given to theContractor by the Contracting Officer,
(e) The Contractor shall promptly furnish, without additionalcharge, all facilities, labor, and material reasonablyneeded for performing such safe and convenientinspections and tests as may be required by theContracting Officer. The PHA may charge to theContractor any additional cost of inspection or test whenwork is not ready at the time specified by the Contractorfor inspection or test, or when prior rejection makesreinspection or retest necessary. The PHA shall performall inspections and tests in a manner that will notunnecessarily delay the work. Special, full size, andpertormance tests shall be performed as described in thecontract.
Previous editions are obsolete Page 7 of 19 form HUD-5370 (1/2014)Replaces form HUD-5370-A
(fl The PHA may conduct routine inspections of theconstruction site on a daily basis.
(g) The Contractor shall, without charge, replace or correctwork found by the PHA not to conform to contractrequirements, unless the PHA decides that it is in itsinterest to accept the work with an appropriateadjustment in contract price. The Contractor shallpromptly segregate and remove rejected material fromthe premises.
(h) If the Contractor does not promptly replace or correctrejected work, the PHA may (1) by contract or otherwise,replace or correct the work and charge the cost to theContractor, or (2) terminate for default the Contractors
right to proceed.(i) If any work requiring inspection is covered up without ap-
proval of the PHA, it must, if requested by the ContractingOfficer, be uncovered at the expense of the Contractor. Ifat any time before final acceptance of the entire work, thePHA considers it necessary or advisable, to examinework already completed by removing or tearing it out, theContractor, shall on request, promptly furnish allnecessary facilities, labor, and material. If such work isfound to be defective or nonconforming in any materialrespect due to the fault of the Contractor or itssubcontractors, the Contractor shall defray all theexpenses of the examination and of satisfactoryreconstruction. If, however, such work is found to meetthe requirements of the contract, the Contracting Officershall make an equitable adjustment to cover the cost ofthe examination and reconstruction, including, ifcompletion of the work was thereby delayed, anextension of time.
Q) The Contractor shall notify the Contracting Officer, inwriting, as to the date when in its opinion all or adesignated portion of the work will be substantiallycompleted and ready for inspection. If the Architectdetermines that the state of preparedness is asrepresented, the PHA will promptly arrange for theinspection. Unless otherwise specified in the contract, thePHA shall accept, as soon as practicable after completionand inspection, all work required by the contract or thatportion of the work the Contracting Officer determines anddesignates can be accepted separately. Acceptance shallbe final and conclusive except for latent defects, fraud,gross mistakes amounting to fraud, or the PHA's rightunder any warranty or guarantee.
21. Use and Possession Prior to Completion
(a) The PHA shall have the right to take possession of or useany completed or partially completed part of the work.Before taking possession of or using any work, theContracting Officer shall furnish the Contractor a list ofitems of work remaining to be performed or corrected onthose portions of the work that the PHA intends to takepossession of or use, However, failure of the ContractingOfficer to list any item of work shall not relieve theContractor of responsibility for complying with the terms ofthe contract. The PHA's possession or use shall not bedeemed an acceptance of any work under the contract.
(b) While the PHA has such possession or use, theContractor shall be relieved of the responsibility for (1) theloss of or damage to the work resulting from the PHA'spossession or use, notwithstanding the terms of theclause entitled Permits and Codes herein; (2) allmaintenance costs on the areas occupied; and, (3)furnishing heat, light, power, and water used in the areas
occupied without proper remuneration therefore. If priorpossession or use by the PHA delays the progress of thework or causes additional expense to the Contractor, anequitable adjustment shall be made in the contract priceor the time of completion, and the contract shall bemodified in writing accordingly.
22. Warranty of Title
The Contractor warrants good title to ali materials,supplies, and equipment incorporated in the work andagrees to deliver the premises together with allimprovements thereon free from any claims, liens orcharges, and agrees further that neither it nor any otherperson, firm or corporation shall have any right to a lienupon the premises or anything appurtenant thereto.
23. Warranty of Construction
(a) In addition to any other warranties in this contract, theContractor warrants, except as provided in paragraph (j)of this clause, that work performed under this contractconforms to the contract requirements and is free of anydefect in equipment, material, or workmanship performedby the Contractor or any subcontractor or supplier at anytier. This warranty shall continue for a period of(one year unless otherwise indicated) from the date of finalacceptance of the work. If the PHA takes possession ofany part of the work before final acceptance, this warrantyshall continue for a period of (one year unless otherwiseindicated) from the date that the PHA takespossession.
(b) The Contractor shall remedy, at the Contractor'sexpense, any failure to conform, or any defect. Inaddition, the Contractor shall remedy, at the Contractor'sexpense, any damage to PHA owned or controlled real orpersonal property when the damage is the result of—(1)The Contractors failure to conform to contract require-
ments; or(2) Any defects of equipment, material, workmanship or
design furnished by the Contractor.(c) The Contractor shall restore any work damaged in
fulfilling the terms and conditions of this clause. TheContractor's warranty with respect to work repaired orreplaced will run for (one year unless otherwise indicated)from the date of repair or replacement.
(d) The Contracting Officer shall notify the Contractor, inwriting, within a reasonable time after the discovery ofany failure, defect or damage.
(e) If the Contractor fails to remedy any failure, defect, ordamage within a reasonable time after receipt of notice,the PHA shall have the right to replace, repair orotherwise remedy the failure, defect, or damage at theContractor's expense.
(~ With respect to all warranties, express or implied, fromsubcontractors, manufacturers, or suppliers for workperformed and materials furnished under this contract,the Contractor shall:(1) Obtain all warranties that would be given in normal
commercial practice;(2) Require all warranties to be executed in writing, for the
benefit of the PHA; and,(3) Enforce all warranties for the benefit of the PHA.
(g) In the event the Contractor's warranty under paragraph(a) of this clause has expired, the PHA may bring suit atits own expense to enforce a subcontractor's,manufacturer's or supplier's warranty.
Previous editions are obsolete Page 8 of 19 form HUD-5370 (1/2014)
Replaces form I-IUD-5370-A
(h) Unless a defect is caused by the negligence of theContractor or subcontractor or supplier at any tier, theContractor shall not be liable for the repair of any defect ofmaterial or design furnished by the PHA nor for the repairof any damage that results from any defect in PHAfurnished material or design.
(i) Notwithstanding any provisions herein to the contrary, theestablishment of the time periods in paragraphs (a) and(c) above relate only to the specific obligation of theContractor to correct the work, and have no relationshipto the time within which its obligation to comply with thecontract may be sought to be enforced, nor to the timewithin which proceedings may be commenced toestablish the Contractor's liability with respect to itsobligation other than specifically to correct the work.
(j) This warranty shall not limit the PHA's rights under theInspection and Acceptance of Construction clause of thiscontract with respect to latent defects, gross mistakes orfraud.
24, Prohibition Against Liens
The Contractor is prohibited from placing a lien on thePHA's property. This prohibition shall apply to allsubcontractors at any tier and all materials suppliers.
'Pdm~nist~ative Regwrem~er}ts ;
25. Contract Period
The Contractor shall complete all work required onthis contract within calendar days of theeffective date of the contract, or within the time scheduleestablished in the notice to proceed issued by theContracting Officer.
26. Order of Provisions
In the event of a conflict between these GeneralConditions and the Specifications, the GeneralConditions shall prevail. In the event of a conflict betweenthe contract and any applicable state or local law orregulation, the state or local law or regulation shallprevail; provided that such state or local law or regulationdoes not conflict with, or is less restrictive than applicablefederal law, regulation, or Executive Order. In the event ofsuch a conflict, applicable federal law, regulation, andExecutive Order shall prevail.
27. Payments
(a) The PHA shall pay the Contractor the price as provided inthis contract.
(b) The PHA shall make progress payments approximatelyevery 30 days as the work proceeds, on estimates ofwork accomplished which meets the standards of qualityestablished under the contract, as approved by theContracting Officer. The PHA may, subject to writtendetermination and approval of the Contracting Officer,make more frequent payments to contractors which arequalified small businesses.
(c) Before the first progress payment under this contract, theContractor shall furnish, in such detail as requested bythe Contracting Officer, a breakdown of the total contractprice showing the amount included therein for eachprincipal category of the work, which shall substantiatethe payment amount requested in order to provide a
basis for determining progress payments. The breakdownshall be approved by the Contracting Officer and must beacceptable to HUD. If the contract covers more than oneproject, the Contractor shall furnish a separatebreakdown for each. The values and quantities employedin making up this breakdown are for determining theamount of progress payments and shall not be construedas a basis for additions to or deductions from the contractprice, The Contractor shall prorate its overhead and profitover the construction period of the contract.
(d) The Contractor shall submit, on forms provided by thePHA, periodic estimates showing the value of the workperformed during each period based upon the approvedbreakdown of the contract price. Such estimates shall besubmitted not later than days in advance ofthe date set for payment and are subject to correction andrevision as required. The estimates must be approved bythe Contracting Officer with the concurrence of theArchitect prior to payment. If the contract covers morethan one project, the Contractor shall furnish aseparate progress payment estimate for each.
(e) Along with each request for progress payments and therequired estimates, the Contractor shall furnish thefollowing certification, or payment shall not be made:hereby certify, to the best of my knowledge and belief,that:(1) The amounts requested are only for performance in
accordance with the specifications, terms, andconditions of the contract;
(2) Payments to subcontractors and suppliers have beenmade from previous payments received under thecontract, and timely payments will be made from theproceeds of the payment covered by this certification,in accordance with subcontract agreements; and,
(3) This request for progress payments does not includeany amounts which the prime contractor intends towithhold or retain from a subcontractor or supplier inaccordance with the terms and conditions of thesubcontract.
Name:
Title:
(fl Except as otherwise provided in State law, the PHA shallretain ten (10) percent of the amount of progresspayments until completion and acceptance of all workunder the contract; except, that if upon completion of 50percent of the work, the Contracting Officer, afterconsulting with the Architect, determines that theContractor's performance and progress are satisfactory,the PHA may make the remaining payments in full for thework subsequently completed. If the Contracting Officersubsequently determines that the Contractor'sperformance and progress are unsatisfactory, the PHAshall reinstate the ten (10) percent (or other percentageas provided in State law) retainage until such time as theContracting Officer determines that performance andprogress are satisfactory,
(g) The Contracting Officer may authorize material deliveredon the site and preparatory work done to be taken intoconsideration when computing progress payments.
Previous editions aze obsolete Page 9 of 19 form HUD-5370 (1/2014)
Replaces form IILJD-5370-A
Material delivered to the Contractor at locations other thanthe site may also be taken into consideration if theContractor furnishes satisfactory evidence that (1) it hasacquired title to such material; (2) the material is properlystored in a bonded warehouse, storage yard, or similarsuitable place as may be approved by the ContractingOfficer; (3) the material is insured to cover its full value;and (4) the material will be used to perform this contract.Before any progress payment which includes deliveredmaterial is made, the Contractor shall furnish suchdocumentation as the Contracting Officer may require toassure the protection of the PHA's interest in suchmaterials. The Contractor shall remain responsible forsuch stored material notwithstanding the transfer of titleto the PHA.
(h) All material and work covered by progress paymentsmade shall, at the time of payment become the soleproperty of the PHA, but this shall not be construed as (1)relieving the Contractor from the sole responsibility for allmaterial and work upon which payments have been madeor the restoration of any damaged work; or, (2) waiving theright of the PHA to require the fulfillment of all of the termsof the contract. In the event the work of the Contractor hasbeen damaged by other contractors or persons other thanemployees of the PHA in the course of their employment,the Contractor shall restore such damaged work withoutcost to the PHA and to seek redress for its damage onlyfrom those who directlycaused it.
(i) The PHA shall make the final payment due the Contractorunder this contract after (1) completion and finalacceptance of all work; and (2) presentation of release ofall claims against the PHA arising by virtue of this contract,other than claims, in stated amounts, that the Contractorhas specifically excepted from the operation of the release.Each such exception shall embrace no more than oneclaim, the basis and scope of which shall be clearlydefined. The amounts for such excepted claims shall notbe included in the request for final payment. A release mayalso be required of the assignee if the Contractor's claim toamounts payable under this contracthas been assigned.
Q) Prior to making any payment, the Contracting Officer mayrequire the Contractor to furnish receipts or otherevidence of payment from all persons performing workand supplying material to the Contractor, if theContracting Officer determines such evidence isnecessary to substantiate claimed costs.
(k) The PHA shall not; (1) determine or adjust any claims forpayment or disputes arising there under between theContractor and its subcontractors or material suppliers;or, (2) withhold any moneys for the protection of thesubcontractors or material suppliers. The failure orrefusal of the PHA to withhold moneys from theContractor shall in nowise impair the obligations of anysurety or sureties under any bonds furnished under thiscontract.
28. Contract Modifications
(a) Only the Contracting Officer has authority to modify anyterm or condition of this contract. Any contractmodification shall be authorized in writing.
(b) The Contracting Officer may modify the contractunilaterally (1) pursuant to a specific authorization statedin a contract clause (e.g., Changes); or (2) foradministrative matters which do not change the rights or
responsibilities of the parties (e.g., change in the PHAaddress). All other contract modifications shall be in theform of supplemental agreements signed by theContractor and the Contracting Officer.
(c) When a proposed modification requires the approval ofHUD prior to its issuance (e.g., a change order thatexceeds the PHA's approved threshold), suchmodification shall not be effective until the requiredapproval is received by the PHA.
29. Changes
(a) The Contracting Officer may, at any time, without noticeto the sureties, by written order designated or indicatedto be a change order, make changes in the work withinthe general scope of the contract including changes:(1)In the specifications (including drawings and designs);(2)In the method or manner of performance of the work;(3) PHA-furnished facilities, equipment, materials,
services, or site; or,(4) Directing the acceleration in the performance of the
work.(b) Any other written order or oral order (which, as used in
this paragraph (b), includes direction, instruction,interpretation, or determination) from the Contracting_Officer that causes a change shall be treated as achange order under this clause; provided, that theContractor gives the Contracting Officer written noticestating (1) the date, circumstances and source of theorder and (2) that the Contractor regards the order as achange order.
(c) Except as provided in this clause, no order, statement orconduct of the Contracting Officer shall be treated as achange under this clause or entitle the Contractor to anequitable adjustment.
(d) If any change under this clause causes an increase ordecrease in the Contractor's cost of, or the time requiredfor the performance of any part of the work under thiscontract, whether or not changed by any such order, theContracting Officer shall make an equitable adjustmentand modify the contract in writing. However, except for aadjustment based on defective specifications, no proposalfor any change under paragraph (b) above shall beallowed for any casts incurred more than 20 days (5 daysfor oral orders) before the Contractor gives written noticeas required. In the case of defective specifications forwhich the PHA is responsible, the equitable adjustmentshall include any increased cost reasonably incurred bythe Contractor in attempting to comply withthe defective specifications.
(e) The Contractor must assert its right to an adjustmentunder this clause within 30 days after (1) receipt of awritten change order under paragraph (a) of this clause,or (2) the furnishing of a written notice under paragraph(b) of this clause, by submitting a written statementdescribing the general nature and the amount of theproposal. If the facts justify it, the Contracting Officer mayextend the period for submission. The proposal may beincluded in the notice required under paragraph (b)above. No proposal by the Contractor for an equitableadjustment shall be allowed if asserted after finalpayment under this contract.
(fl The Contractor's written proposal for equitableadjustment shall be submitted in the form of a lump sumproposal supported with an itemized breakdown of ailincreases and decreases in the contract in at least thefollowing details:
Previous editions are obsolete Page 10 of 19 form HUD-5370 (1!2014)
Replaces form HLJD-5370-A
(1) Direct Costs. Materials (list individual items, thequantity and unit cost of each, and the aggregatecost); Transportation and delivery costs associatedwith materials; Labor breakdowns by hours or unitcosts (identified with specific work to be performed);Construction equipment exclusively necessary for thechange; Costs of preparation and/ or revision to shopdrawings resulting from the change; Worker'sCompensation and Public Liability Insurance;Employment taxes under FICA and FUTA; and, BondCosts when size of change warrants revision,
(2)Indirect Costs. Indirect costs may include overhead,general and administrative expenses, and fringebenefits not normally treated as direct costs.
(3)Profit. The amount of profit shall be negotiated andmay vary according to the nature, extent, andcomplexity of the work required by the change. The
allowability of the direct and indirect costs shall bedetermined in accordance with the Contract CostPrinciples and Procedures for Commercial Firms in Part31 of the Federal Acquisition Regulation (48 CFR 1-31),as implemented by HUD Handbook 2210.18, in effect onthe date of this contract. The Contractor shall not beallowed a profit on the profit received by anysubcontractor. Equitable adjustments for deleted workshall include a credit for profit and may include a credit forindirect costs. On proposals covering both increases anddecreases in the amount of the contract, the application ofindirect costs and profit shall be on the net-change indirect costs for the Contractor or subcontractorperforming the work.
(g) The Contractor shall include in the proposal its requestfor time extension (if any), and shall include su~cientinformation and dates to demonstrate whether and towhat extent the change will delay the completion of thecontract in its entirety.
(h) The Contracting Officer shall act on proposals within 30days after their receipt, or notify the Contractor of thedate when -such action will be taken.
(i) Failure to reach an agreement on any proposal shall be adispute under the clause entitled Disputes herein.Nothing in this clause, however, shall excuse theContractor from proceeding with the contract as changed.
(j) Except in an emergency endangering life or property, nochange shall be made by the Contractor without a priororder from the Contracting Officer.
30. Suspension of Work
(a) The Contracting Officer may order the Contractor inwriting to suspend, delay, or interrupt all or any part of thework of this contract for the period of time that theContracting Officer determines appropriate for theconvenience of the PHA.
(b) If the performance of all or any part of the work is, for anunreasonable period of time, suspended, delayed, orinterrupted (1) by an act of the Contracting Officer in theadministration of this contract, or (2) by the ContractingO~cer's failure to act within the time specified (or within areasonable time if not specified) in this contract anadjustment shall be made for any increase in the cost ofperformance of the contract (excluding profit) necessarily,caused by such unreasonable suspension, delay, orinterruption and the contract modified in writingaccordingly.- However, no adjustment shall be madeunder this clause for any suspension, delay, orinterruption to the extent that performance would have
been so suspended, delayed, or interrupted by any othercause, including the fault or negligence of the Contractoror for which any equitable adjustment is provided for orexcluded under any other provision of this contract.
(c) A claim under this clause shall not be allowed (1) for anycosts incurred more than 20 days before the Contractorshall have notified the Contracting Officer in writing ofthe actor failure to act involved (but this requirementshall not apply as to a claim resulting from a suspensionorder); and, (2) unless the claim, in an amount stated, isasserted in writing as soon as practicable after thetermination of the suspension, delay, or interruption, butnot later than the date of final payment under thecontract.
31. Disputes
(a) "Claim," as used in this clause, means a written demandor written assertion by one of the contracting partiesseeking, as a matter of right, the payment of money in asum certain, the adjustment or interpretation of contractterms, or other relief arising under or relating to thecontract. A claim arising under the contract, unlike aclaim relating to the contract, is a claim that can beresolved under a contract clause that provides for therelief sought by the claimant. A voucher, invoice, or otherroutine request for payment that is not in dispute whensubmitted is not a claim. The submission may beconverted to a claim by complying with the requirementsof this clause, if it is disputed either as to liability oramount or is not acted upon in a reasonable time.
(b) Except for disputes arising under the clauses entitledLabor Standards -Davis Bacon and Related Acts, herein,all disputes arising under or relating to this contract,including any claims for damages for the alleged breachthereof which are not disposed of by agreement, shall beresolved under this clause.
(c) All claims by the Contractor shall be made in writing andsubmitted to the Contracting Officer for a written decision.A claim by the PHA against the Contractor shall besubject to a written decision by the Contracting Officer.
(d) The Contracting Officer shall, within 60 (unless otherwiseindicated) days after receipt of the request, decide theclaim or notify the Contractor of the date by which thedecision will be made.
(e) The Contracting Officers decision shall be final unlessthe Contractor (1) appeals in writing to a higher level inthe PHA in accordance with the PHA's policy andprocedures, (2) refers the appeal to an independentmediator or arbitrator, or (3) files suit in a court ofcompetent jurisdiction. Such appeal must be made within(30 unless otherwise indicated) days after receipt of theContracting Officers decision.
(~ The Contractor shall proceed diligently with performanceof this contract, pending final resolution of any request forrelief, claim, appeal, or action arising under or relating tothe contract, and comply with any decision of theContracting Officer.
32. Default
(a) If the Contractor refuses or fails to prosecute the work, orany separable part thereof, with the diligence that willinsure its completion within the time specified in thiscontract, or any extension thereof, or fails to completesaid work within this time, the Contracting Officer may, bywritten notice to the Contractor, terminate the right to
Previous editions are obsolete Page 11 of 19 form HUD-5370 (1/2014)
Replaces form HUD-5370-A
proceed with the work (or separable part of the work) thathas been delayed. In this event, the PHA may take overthe work and complete it, by contract or otherwise, andmay take possession of and use any materials,equipment, and plant on the work site necessary forcompleting the work. The Contractor and its sureties shallbe liable for any damage to the PHA resulting from theContractor's refusal or failure to complete the work within
the specified time, whether or not the Contractor's right toproceed with the work is terminated. This liability includesany increased costs incurred by the PHA in completingthe work.
(b) The Contractor's right to proceed shall not be terminatedor the Contractor charged with damages under thisclause if—(1)The delay in completing the work arises from
unforeseeable causes beyond the control and withoutthe fault or negligence of the Contractor. Examples ofsuch causes include (i) acts of God, or of the publicenemy, (ii) acts of the PHA or other governmentalentity in either its sovereign or contractual capacity,(iii) acts of another contractor in the performance of acontract with the PHA, (iv) fires, (v) floods, (vi)epidemics, (vii) quarantine restrictions, (viii) strikes,(ix) freight embargoes, (x) unusually severe weather,or (xi) delays of subcontractors or suppliers at any tierarising from unforeseeable causes beyond the controland without the fault or negligence of both theContractor and the subcontractors or suppliers; and
(2) The Contractor, within days (10 days unless otherwiseindicated) from the beginning of such delay (unlessextended by the Contracting Officer) notifies theContracting Officer in writing of the causes of delay.The Contracting Officer shall ascertain the facts andthe extent of the delay. If, in the judgment of theContracting Officer, the findings of fact warrant suchaction, time for completing the work shall be extendedby written modification to the contract. The findings ofthe Contracting Officer shall be reduced to a writtendecision which shall be subject to the provisions of'the Disputes clause of this contract.
(c) If, after termination of the Contractor's right to proceed, itis determined that the Contractor was not in default, orthat the delay was excusable, the rights and obligationsof the parties will be the same as if the termination hadbeen for convenience of the PHA.
33. Liquidated Damages
(a) If the Contractor fails to complete the work within the timespecified in the contract, or any e~ension, as specified inthe clause entitled Default of this contract, the Contractorshall pay to the PHA as liquidated damages, the sum of$ Contracting Officer insert amount] foreach day of delay. If different completion dates arespecified in the contract for separate parts or stages of thework, the amount of liquidated damages shall beassessed on those parts or stages which are delayed. Tothe extent that the Contractor's delay or nonperformanceis excused under another clause in this contract,liquidated damages shall not be due the PHA. TheContractor remains liable for damages caused other thanby delay.
(b) If the PHA terminates the Contractor's right to proceed,the resulting damage will consist of liquidated damagesuntil such reasonable time as may be required for final
completion of the work together with any increased costsoccasioned the PHA in completing the work.
(c) If the PHA does not terminate the Contractor's right toproceed, the resulting damage will consist of liquidateddamages until the work is completed or accepted.
34. Termination for Convenience
(a) The Contracting Officer may terminate this contract inwhole, or in part, whenever the Contracting Officerdetermines that such termination is in the best interest ofthe PHA. Any such termination shall be effected bydelivery to the Contractor of a Notice of Terminationspecifying the extent to which the performance of thework under the contract is terminated, and the date uponwhich such termination becomes effective.
(b) If the performance of the work is terminated, either inwhole or in part, the PHA shall be liable to the Contractorfor reasonable and proper costs resulting from suchtermination upon the receipt by the PHA of a properlypresented claim setting out in detail: (1) the total cost ofthe work performed to date of termination less the totalamount of contract payments made to the Contractor; (2)the cost (including reasonable profit) of settling andpaying claims under subcontracts and material orders forwork performed and materials and supplies delivered tothe site, payment for which has not been made by thePHA to the Contractor or by the Contractor to thesubcontractor or supplier; (3) the cost of preserving andprotecting the work already performed until the PHA orassignee takes possession thereof or assumesresponsibility therefore; (4) the actual or estimated cost oflegal and accounting services reasonably necessary toprepare and present the termination claim to the PHA;and (5) an amount constituting a reasonable profit on thevalue of the work performed by the Contractor.
(c) The Contracting Officer will act on the Contractor's claimwithin days (60 days unless otherwise indicated) ofreceipt of the Contractor's claim.
(d) Any disputes with regard to this clause are expresslymade subject to the provisions of the Disputes clause ofthis contract.
35. Assignment of Contract
The Contractor shall not assign or transfer any interest inthis contract; except that claims for monies due or tobecome due from the PHA under the contract may beassigned to a bank, trust company, or other financialinstitution. Such assignments of claims shall only bemade with the written concurrence of the ContractingOfficer. If the Contractor is a partnership, this contractshall inure to the benefit of the surviving or remainingmembers) of such partnership as approved by theContracting Officer.
36. Insurance
(a) Before commencing work, the Contractor and eachsubcontractor shall furnish the PHA with certificates ofinsurance showing the following insurance is in force andwill insure all operations under the Contract:(1) Workers' Compensation, in accordance with state or
Territorial Workers' Compensation laws.(2) Commercial General Liability with a combined single
limit for bodily injury and property damage of not lessthan $ [Contracting Officer insert amount]
Previous editions are obsolete Page 12 of 19 form HUD-5370 (1/2014)
Replaces form HUD-5370-A
per occurrence to protect the Contractor and eachsubcontractor against claims for bodily injury or deathand damage to the property of others. This shall coverthe use of all equipment, hoists, and vehicleson the sites) not covered by Automobile Liabilityunder (3) below. If the Contractor has a made"policy, then the following additional requirementsapply; the policy must provide a "retroactive date"which must be on or before theexecution date of the Contract; and the extendedreporting period may not be less than five yearsfollowing the completion date of the Contract.
(3) Automobile Liability on owned and non -owned motorvehicles used on the sites) or in connection therewithfor a combined single limit for bodily injury andproperty damage of not less than $[Contracting Officer insert amount] per occurrence.
(b) Before commencing work, the Contractor shall furnish thePHA with a certificate of insurance evidencing thatBuilder's Risk (fire and e~ended coverage) Insurance onail work in place and/or materials stored at the buildingsite(s), including foundations and building equipment, isin force. The Builder's Risk Insurance shall be for thebenefit of the Contractor and the PHA as their interestsmay appear and each shall be named in the policy orpolicies as an insured. The Contractor in installingequipment supplied by the PHA shall carry insurance onsuch equipment from the time the Contractor takespossession thereof until the Contract work is accepted bythe PHA. The Builder's Risk Insurance need not becarried on excavations, piers, footings, or foundationsuntil such time as work on the superstructure is started. Itneed not be carried on landscape work. Policies shallfurnish coverage at all times for the full cash value of allcompleted construction, as well as materials in placeand/or stored at the site(s), whether or not partialpayment has been made by the PHA. The Contractormay terminate this insurance on buildings as of the datetaken over for occupancy by the PHA. The Contractor isnot required to carry Builder's Risk Insurance formodernization work which does not involve structuralalterations or additions and where the PHA's existing fireand extended coverage policy can be endorsed toinclude such work.
(c) All insurance shall be carried with companies which arefinancially responsible and admitted to do business in theState in which the project is located. If any suchinsurance is due to expire during the construction period,the Contractor (including subcontractors, as applicable)shall not permit the coverage to lapse and shall furnishevidence of coverage to the Contracting Officer. Allcertificates of insurance, as evidence of coverage, shallprovide that no coverage may be canceled or non-renewed by the insurance company until at least 30 daysprior written notice has been given to the ContractingOfficer.
37. Subcontracts
(a) Definitions. As used in this contract -(1) "Subcontract" means any contract, purchase order, or
other purchase agreement, including modificationsand change orders to the foregoing, entered into by asubcontractor to furnish supplies, materials,equipment, and services for the performance of theprime contract or a subcontract.
(2) "Subcontractor" means any supplier, vendor, or firmthat furnishes supplies, materials, equipment, orservices to or for the Contractor or anothersubcontractor
(b) The Contractor shall not enter into any subcontract withany subcontractor who has been temporarily deniedparticipation in a HUD program or who has beensuspended or debarred from participating in contractingprograms by any agency of the United StatesGovernment or of the state in which the work under thiscontract is to be performed.
(c) The Contractor shall be as fully responsible for the acts oromissions of its subcontractors, and of persons eitherdirectly or indirectly employed by them as for the acts oromissions of persons directly employed by theContractor.
(d) The Contractor shall insert appropriate clauses in allsubcontracts to bind subcontractors to the terms andconditions of this contract insofar as they are applicableto the work of subcontractors.
(e) Nothing contained in this contract shall create anycontractual relationship between any subcontractor andthe PHA or between the subcontractor and HUD.
38. Subcontracting with Small and Minority Firms,Women's Business Enterprise, and Labor SurplusArea Firms
The Contractor shall take the following steps to ensurethat, whenever possible, subcontracts are awarded tosmall business firms, minority firms, women's businessenterprises, and labor surplus area firms:
(a) Placing qualified small and minority businesses andwomen's business enterprises on solicitation lists;
(b) Ensuring that small and minority businesses andwomen's business enterprises are solicited wheneverthey are potential sources;
(c) Dividing total requirements, when economically feasible,into smaller tasks or quantities to permit maximumparticipation by small and minority businesses andwomen's business enterprises;
(d) Establishing delivery schedules, where the requirementsof the contract permit, which encourage participation bysmall and minority businesses and women's businessenterprises; and
(e) Using the services and assistance of the U.S. SmallBusiness Administration, the Minority BusinessDevelopment Agency of the U.S. Department ofCommerce, and State and local governmental smallbusiness agencies.
39. Equal Employment Opportunity
During the performance of this contract, the Contractoragrees as follows:
(a) The Contractor shall not discriminate against anyemployee or applicant for employment because of race,color, religion, sex, national origin, or handicap.
(b) The Contractor shall take affirmative action to ensure thatapplicants are employed, and that employees are treatedduring employment without regard to their race, color,religion, sex, national origin, or handicap. Such actionshall include, but not be limited to, (1) employment, (2)upgrading, (3) demotion, (4) transfer, (5) recruitment orrecruitment advertising, (6) layoff or termination, (7) ratesof pay or other forms of compensation, and (8) selectionfor training, including apprenticeship.
Previous editions are obsolete Page 13 of 19 form HUD-5370 (1/2014)Replaces form IiUD-5370-A
(c) The Contractor shall post in conspicuous places availableto employees and applicants for employment the noticesto be provided by the Contracting Officer that explain this
dause.(d) The Contractor shall, in all solicitations or
advertisements for employees placed by or on behalf ofthe Contractor, state that all qualified applicants willreceive consideration for employment without regard to
race, color, religion, sex, national origin, or handicap.(e) The Contractor shall send, to each labor union or
representative of workers with which it has a collectivebargaining agreement or other contract or understanding,the notice to be provided by the Contracting Officeradvising the labor union or workers' representative of the
Contractor's commitments under this clause, and postcopies of the notice in conspicuous places available to
employees and applicants for employment.(~ The Contractor shall comply with Executive Order 11246,
as amended, and the rules, regulations, and orders of theSecretary of Labor.
(g) The Contractor shall furnish all information and reportsrequired by Executive Order 11246, as amended, Section503 of the Rehabilitation Act of 1973, as amended, andby rules, regulations, and orders of the Secretary ofLabor, or pursuant thereto. The Contractor shall permitaccess to its books, records, and accounts by theSecretary of Labor for purposes of investigation toascertain compliance with such rules, regulations, andorclers.
(h) In the event of a determination that the Contractor is notin compliance with this clause or any rule, regulation, ororder of the Secretary of Labor, this contract may becanceled, terminated, or suspended in whole or in part,and the Contractor may be declared ineligible for furtherGovernment contracts, or Federally assisted constructioncontracts under the procedures authorized in ExecutiveOrder 11246, as amended. In addition, sanctions may beimposed and remedies invoked against the Contractor asprovided in Executive Order 11246, as amended, therules, regulations, and orders of the Secretary of Labor,or as otherwise provided by law.
(i) The Contractor shall include the terms and conditions of
this clause in every subcontractor purchase order unlessexempted by the rules, regulations, or orders of theSecretary of Labor issued under Executive Order 11246,as amended, so that these terms and conditions will bebinding upon each subcontractor or vendor. TheContractor shall take such action with respect to anysubcontract or purchase order as the Secretary ofHousing and Urban Development or the Secretary ofLabor may direct as a means of enforcing suchprovisions, including sanctions for noncompliance;provided that if the Contractor becomes involved in, or isthreatened with, litigation with a subcontractor or vendoras a result of such direction, the Contractor may requestthe United States to enter into the litigation to protect theinterests of the United States.
Q) Compliance with the requirements of this clause shall be
to the maximum extent consistent with, but not inderogation of, compliance with section 7(b) of the IndianSelf-Determination and Education Assistance Act and theIndian Preference clause of this contract.
40. Employment, Training, and ContractingOpportunities for Low-Income Persons, Section 3 of
the Housing and Urban Development Act of 1968.
(a) The work to be performed under this contract is subject tothe requirements of section 3 of the Housing and UrbanDevelopment Act of 1968, as amended, 12 U.S.C. 1701 u(section 3). The purpose of section 3 is to ensure thatemployment and other economic opportunities generatedby HUD assistance or HUD-assisted projects covered bysection 3, shall, to the greatest event feasible, be directedto low- and very low-income persons, particularly personswho are recipients of HUD assistance forhousing.
(b) The parties to this contract agree to comply with HUD'sregulations in 24 CFR Part 135, which implement section3. As evidenced by their execution of this contract, theparties to this contract certify that they are under nocontractual or other impediment that would prevent themfrom complying with the Part 135 regulations.
(c) The contractor agrees to send to each labor organizationor representative of workers with which the contractor hasa collective bargaining agreement or other understanding,if any, a notice advising the labor organization or workers'representative of the contractor's commitments under thissection 3 clause, and will post copies of the notice inconspicuous places at the work site where bothemployees and applicants for training and employmentpositions can see the notice. The notice shall describe thesection 3 preference, shall set forth minimum number andjob titles subject to hire, availability of apprenticeship andtraining positions, the qualifications for each; and thename and location of the persons) taking applications foreach of the positions; and theanticipated date the work shall begin.
(d) The contractor agrees to include this section 3 clause inevery subcontract subject to compliance with regulationsin 24 CFR Part 135, and agrees to take appropriateaction, as provided in an applicable provision of thesubcontract or in this section 3 clause, upon a finding thatthe subcontractor is in violation of the regulations in 24CFR Part 135. The contractor will not subcontract withany subcontractor where the contractor has notice orknowledge that the subcontractor has been found inviolation of the regulations in 24 CFR Part 135.
(e) The contractor will certify that any vacant employmentpositions, including training positions, that are filled (1)after the contractor is selected but before the contract isexecuted, and (2) with persons other than those to whomthe regulations of 24 CFR Part 135 require employmentopportunities to be directed, were not filled to circumventthe contractor's obligations under 24 CFR Part 135.
(~ Noncompliance with HUD's regulations in 24 CFR Part135 may result in sanctions, termination of this contractfor default, and debarment or suspension from futureHUD assisted contracts.
(g) With respect to work performed in connection with section3 covered Indian housing assistance, section 7(b) of theIndian Self-Determination and Education Assistance Act(25 U.S.C. 450e) also applies to the work to beperformed under this contract. Section 7(b) requires thatto the greatest extent feasible (i) preference andopportunities for training and employment shall be givento Indians, and (ii) preference in the award of contractsand subcontracts shall be given to Indian organizationsand Indian-owned Economic Enterprises. Parties to thiscontract that are subject to the provisions of section 3and section 7(b)agree to comply with section 3 to themaximum extent feasible, but not in derogation ofcompliance with section 7(b).
Previous editions aze obsolete Page 14 of 19 form HLJD-5370 (1/2014)
Replaces form HUD-5370-A
41. Interest of Members of Congress
No member of or delegate to the Congress of the UnitedStates of America shall be admitted to any share or part ofthis contract or to any benefit that may arise therefrom.
42. Interest of Members, Officers, or Employees andFormer Members, Officers, or Employees
No member, officer, or employee of the PHA, no memberof the governing body of the locality in which the projectis situated, no member of the governing body of thelocality in which the PHA was activated, and no otherpublic official of such locality or localities who exercisesany functions or responsibilities with respect to theproject, shall, during his or her tenure, or for one yearthereafter, have any interest, direct or indirect, in thiscontract or the proceeds thereof.
43. Limitations on Payments made to Influence CertainFederal Financial Transactions
(a) The Contractor agrees to comply with Section 1352 ofTitle 31, United States Code which prohibits the use ofFederal appropriated funds to pay any person forinfluencing or attempting to influence an officer oremployee of any agency, a Member of Congress, andofficer or employee of Congress, or an employee of aMember of Congress in connection with any of thefollowing covered Federal actions: the awarding of anyFederal contract; the making of any Federal grant; themaking of any Federal loan; the entering into of anycooperative agreement; or the modification of anyFederal contract, grant, loan, or cooperative agreement.
(b) The Contractor further agrees to comply with therequirement of the Act to furnish a disclosure (OMBStandard Form LLL, Disclosure of Lobbying Activities) ifany funds other than Federal appropriated funds(including profit or fee received under a covered Federaltransaction) have been paid, or will be paid, to any personfor influencing or attempting to influence an officer oremployee of any agency, a Member of Congress, anofficer or employee of Congress, or an employee of aMember of Congress in connection with a Federalcontract, grant, loan, or cooperative agreement.
44. Royalties and Patents
The Contractor shall pay all royalties and license fees. Itshall defend all suits or claims for infringement of anypatent rights and shall save the PHA harmless from losson account thereof; except that the PHA shall beresponsible for all such loss when a particular design,process or the product of a particular manufacturer ormanufacturers is specified and the Contractor has noreason to believe that the specified design, process, orproduct is an infringement. If, however, the Contractorhas reason to believe that any design, process or productspecified is an infringement of a patent, the Contractorshall promptly notify the Contracting Officer. Failure togive such notice shall make the Contractor responsiblefor resultant loss.
45. Examination and Retention of Contractor's Records
(a) The PHA, HUD, or Comptroller General of the UnitedStates, or any of their duly authorized representativesshall, until 3 years after final payment under this contract,have access to and the right to examine any of theContractor's directly pertinent books, documents, papers,or other records involving transactions related to thiscontract for the purpose of making audit, examination,excerpts, and transcriptions.
(b) The Contractor agrees to include in first-tier subcontractsunder this contract a clause substantially the same asparagraph (a) above. "Subcontract," as used in thisclause, excludes purchase orders not exceeding$10,000.
(c) The periods of access and examination in paragraphs (a)and (b) above for records relating to (1) appeals under theDisputes clause of this contract, (2) litigation or settlementof claims arising from the performance of this contract, or(3) costs and expenses of this contract to which the PHA,HUD, or Comptroller General or any of their dulyauthorized representatives has taken exception shallcontinue until disposition of such appeals, litigation,claims, or exceptions.
46. Labor Standards -Davis-Bacon and Related Acts
If the total amount of this contract exceeds $2,000, theFederal labor standards set forth in the clause below shallapply to the development or construction work to beperformed under the contract.
(a) Minimum Wages.(1) All laborers and mechanics employed under thiscontract in the development or construction of theprojects) involved will be paid unconditionally and notless often than once a week, and without subsequentdeduction or rebate on any account (except such payrolldeductions as are permitted by regulations issued by theSecretary of Labor under the Copeland Act (29 CFR Part3)), the full amount of wages and bona fide fringe benefits(or cash equivalents thereof due at time of paymentcomputed at rates not less than those contained in thewage determination of the Secretary of Labor which isattached hereto and made a part hereof, regardless ofany contractual relationship which may be alleged to existbetween the Contractor and such laborers andmechanics. Contributions made or costs reasonablyanticipated for bona fide fringe benefits under Section1(b)(2) of the Davis-Bacon Acton behalf of laborers ormechanics are considered wages paid to such laborers ormechanics, subject to the provisions of 29 CFR5.5(a)(1)(iv); also, regular contributions made or costsincurred for more than a weekly period (but not less oftenthan quarterly) under plans, funds, or programs whichcover the regular weekly period, are deemed to beconstructively made or incurred during such weeklyperiod. Such laborers and mechanics shall be paid theappropriate wage rate and fringe benefits in the wagedetermination for the classification of work actuallyperformed, without regard to skill, except as provided in29 CFR 5.5(a)(4). Laborers or mechanics performingwork in more than one classification may becompensated at the rate specified for each classificationfor the time actually worked therein; provided, that theemployer's payroll records accurately set forth the timespent in each classification in which work is performed.The wage determination (including any additionalclassification and wage rates conformed under 29 CFR5.5(a)(1)(ii) and the Davis-Bacon poster (WH-1321) shall
Previous editions are obsolete Page 15 of 19 form HUD-5370 (1/2014)
Replaces form HLTD-5370-A
be posted at all times by the Contractor and itssubcontractors at the site of the work in a prominent andaccessible place where it can be easily seen by theworkers.(2) (i) Any class of laborers or mechanics, including
helpers, which is not listed in the wagedetermination and which is to be employed underthe contract shall be classified in conformance withthe wage determination. HUD shall approve anadditional classification and wage rate and fringebenefits therefor only when all the following criteriahave been met: (A) The work to be performed bythe classification requested is not performed by aclassification in the wage determination; and (B)The classification is utilized in the area by theconstruction industry; and (C) The proposed wagerate, including any bona fide fringe benefits, bearsa reasonable relationship to the wage ratescontained in the wagedetermination.
(ii) If the Contractor and the laborers and mechanicsto be employed in the classification (if known), ortheir representatives, and HUD or its designeeagree on the classification and wage rate(including the amount designated for fringebenefits where appropriate), a report of the actiontaken shall be sent by HUD or its designee to theAdministrator of the Wage and Hour Division,Employee Standards Administration, U.S.Department of Labor, Washington, DC 20210.The Administrator, or an authorizedrepresentative, will approve, modify, or disapproveevery additional classification action within 30 daysof receipt and so advise HUD or its designee or willnotify HUD or its designee within the 30-day periodthat additional time is necessary.
(iii) In the event the Contractor, the laborers ormechanics to be employed in the classification ortheir representatives, and HUD or its designee donot agree on the proposed classification and wagerate (including the amount designated for fringebenefits, where appropriate), HUD or its designeeshall refer the questions, including the views of allinterested parties and the recommendation of HUDor its designee; to the Administrator of the Wageand Hour Division for determination. TheAdministrator, or an authorized representative, willissue a determination within 30 days of receipt andso advise HUD or its designee or will notify HUD orits designee within the 30-day period thatadditional time is necessary.
(iv) The wage rate (including fringe benefits whereappropriate) determined pursuant tosubparagraphs (a)(2)(ii) or (iii) of this clause shallbe paid to all workers performing work in theclassification under this contract from the first dayon which work is performed in classification.
(3) Whenever the minimum wage rate prescribed in thecontract for a class of laborers or mechanics includesa fringe benefit which is not expressed as an hourlyrate, the Contractor shall either pay the benefit asstated in the wage determination or shall pay anotherbona fide fringe benefit or an hourly cash equivalentthereof.
(4) If the Contractor does not make payments to a trusteeor other third person, the Contractor may consider aspart of the wages of any laborer or mechanic the
amount of any costs reasonably anticipated inproviding bona fide fringe benefits under a plan orprogram; provided, that the Secretary of Labor hasfound, upon the written request of the Contractor, thatthe applicable standards of the Davis-Bacon Act havebeen met. The Secretary of Labor may require theContractor to set aside in a separate account assetsfor the meeting of obligations under the plan orprogram.
(b) Withholding of funds. HUD or its designee shall, upon itsown action or upon written request of an authorizedrepresentative of the Department of Labor, withhold orcause to be withheld from the Contractor under thiscontract or any other Federal contract with the sameprime Contractor, or any other Federally-assistedcontract subject to Davis-Bacon prevailing wagerequirements, which is held by the same primeContractor, so much of the accrued payments oradvances as may be considered necessary to paylaborers and mechanics, including apprentices, trainees,and helpers, employed by the Contractor or anysubcontractor the full amount of wages required by thecontract. In the event of failure to pay any laborer ormechanic, including any apprentice, trainee, or helper,employed or working in the construction or developmentof the project, all or part of the wages required by thecontract, HUD or its designee may, after written notice tothe Contractor, take such action as may be necessary tocause the suspension of any further payment, advance,or guarantee of funds until such violations have ceased.HUD or its designee may, after written notice to theContractor, disburse such amounts withheld for and onaccount of the Contractor or subcontractor to therespective employees to whom they are due.
(c) Payrolls and basic records.(1) Payrolls and basic records relating thereto shall be
maintained by the Contractor during the course of thework and preserved for a period of three yearsthereafter for all laborers and mechanics working inthe construction or development of the project. Suchrecords shall contain the name, address, and socialsecurity number of each such worker, his or hercorrect classification, hourly rates of wages paid(including rates of contributions or costs anticipatedfor bona fide fringe benefits or cash equivalentsthereof of the types described in section 1(b)(2)(B) ofthe Davis-Bacon Act), daily and weekly number ofhours worked, deductions made, and actual wagespaid. Whenever the Secretary of Labor has found,under 29 CFR 5.5(a)(1)(iv), that the wages of anylaborer or mechanic include the amount of costsreasonably anticipated in providing benefits under aplan or program described in section 1(b)(2)(B) of theDavis-Bacon Act, the Contractor shall maintainrecords which show that the commitment to providesuch benefits is enforceable, that the plan or programis financially responsible, and that the plan orprogram has been communicated in writing to thelaborers or mechanics affected, and records whichshow the costs anticipated or the actual cost incurredin providing such benefits. Contractors employingapprentices or trainees under approved programsshall maintain written evidence of the registration ofapprenticeship programs and certification of traineeprograms, the registration of the apprentices andtrainees, and the ratios and wage rates prescribed inthe applicable programs.
Previous editions are obsolete Page 16 of 19 form FIUD-5370 (1/2014)
Replaces form HLTD-5370-A
(2) (i) The Contractor shall submit weekly for each weekin which any contract work is performed a copy ofall payrolls to the Contracting Officer fortransmission to HUD or its designee. The payrollssubmitted shall set out accurately and completelyail of the information required to be maintainedunder subparagraph (c)(1) of this clause. Thisinformation may be submitted in any form desired.Optional Form WH-347 (Federal Stock Number029-005-00014-1) is available for this purpose andmay be purchased from the Superintendent ofDocuments, U.S. Government Printing Office,Washington, D.C. 20402. The Contractor isresponsible for the submission of copies ofpayrolls by all subcontractors: (Approved by theOffice of Management and Budget under OMBControl Number 1214-0149.)
(ii) Each payroll submitted shall be accompanied by a"Statement of Compliance," signed by theContractor or subcontractor or his or her agentwho pays or supervises the payment of thepersons employed under the contract and shallcertify the following:(A) That the payroll for the payroll period contains
the information required to be maintainedunder paragraph (c) (1) of this clause and thatsuch information is correct and complete;
(B) That each laborer or mechanic (including eachhelper, apprentice, and trainee) employed onthe contract during the payroll period has beenpaid the full weekly wages earned, withoutrebate, either directly or indirectly, and that nodeductions have been made either directly orindirectly from the full wages earned, otherthan permissible deductions as set forth in 29CFR Part 3; and
(C) That each laborer or mechanic has been paidnot less than the applicable wage rates andfringe benefits or cash equivalents for theclassification of work performed, as specifiedin the applicable wage determinationincorporated into the contract.
(iii) The weekly submission of a properly executedcertification set forth on the reverse side ofOptional Form WH-347 shall satisfy therequirements for submission of the "Statement ofCompliance" required by subparagraph (c)(2)(ii) ofthis clause.
(iv) The falsification of any of the above certificationsmay subject the Contractor or subcontractor to civilor criminal prosecution under Section 1001 of Title18 and Section 3729 of Title 31 of the UnitedStates Code.
(3) The Contractor or subcontractor shall make therecords required under subparagraph (c)(1) availablefor inspection, copying, or transcription by authorizedrepresentatives of HUD or its designee, theContracting Officer, or the Department of Labor andshall permit such representatives to interviewemployees during working hours on the job. If theContractor or subcontractor fails to submit therequired records or to make them available, HUD orits designee may, after written notice to theContractor, take such action as may be necessary tocause the suspension of any further payment,advance, or guarantee of funds. Furthermore, failureto submit the required records upon request or to
make such records available may be grounds fordebarment action pursuant to 29 CFR 5.12.
(d) (1) Apprentices. Apprentices will be permitted to work atless than the predetermined rate for the work theyperformed when they are employed pursuant to andindividually registered in a bona fide apprenticeshipprogram registered with the U.S. Department ofLabor, Employment and Training Administration,Office of Apprenticeship and Training, Employer andLabor Services (OATELS), or with a StateApprenticeship Agency recognized by OATELS, or if aperson is employed in his or her first 90 days ofprobationary employment as an apprentice in such anapprenticeship program, who is not individuallyregistered in the program, but who has been certifiedby OATELS or a State Apprenticeship Agency (whereappropriate) to be eligible for probationaryemployment as an apprentice. The allowable ratio ofapprentices to journeymen on the job site in any craftclassification shall not be greater than the ratiopermitted to the Contractor as to the entire work forceunder the registered program. Any worker listed on apayroll at an apprentice wage rate, who is notregistered or otherwise employed as stated in thisparagraph, shall be paid not less than the applicablewage rate on the wage determination for theclassification of work actually performed. In addition,any apprentice performing work on the job site inexcess of the ratio permitted under the registeredprogram shall be paid not less than the applicablewage rate on the wage determination for the workactually performed. Where a contractor is performingconstruction on a project in a locality other than that inwhich its program is registered, the ratios and wagerates (expressed in percentages of the journeyman'shourly rate) specified in the Contractor's orsubcontractors registered program shall be observed.Every apprentice must be paid at not less than the ratespecified in the registered program for the apprentice'slevel of progress, expressed as a percentage of thejourneyman hourly rate specified in the applicablewage determination. Apprentices shall be paid fringebenefits in accordance with the provisions of theapprenticeship program. If the apprenticeship programdoes not specify fringe benefits, apprentices must bepaid the full amount of fringe benefits listed on thewage determination for the applicable classification. Ifthe Administrator of the Wage and Hour Divisiondetermines that a different practice prevails for theapplicable apprentice classification, fringes shall bepaid in accordance with that determination. In theevent OATELS, or a State Apprenticeship Agencyrecognized by OATELS, withdraws approval of anapprenticeship program, the Contractor will no longerbe permitted to utilize apprentices at less than theapplicable predetermined rate for the work performeduntil an acceptableprogram is approved.
(2) Trainees. Except as provided in 29 CFR 5.16,trainees will not be permitted to work at less than thepredetermined rate for the work performed unless theyare employed pursuant to and individually registered ina program which has received prior approval,evidenced by formal certification by the U.S.Department of Labor, Employment and TrainingAdministration. The ratio of trainees to journeymen onthe job site shall not be greater than permitted under
Previous editions are obsolete Page 17 of 19 form IIUD-5370 (1/2014)
Replaces form HUD-5370-A
the plan approved by the Employment and TrainingAdministration. Every trainee must be paid at not lessthan the rate specified in the approved program for the
trainee's level of progress, expressed as a percentage
of the journeyman hourly rate specified in theapplicable wage determination. Trainees shall be paidfringe benefits in accordance with the provisions of the
trainee program. If the trainee program does notmention fringe benefits, trainees shall be paid the fullamount of fringe benefits listed in the wagedetermination unless the Administrator of the Wageand Hour Division determines that there is anapprenticeship program associated with thecorresponding journeyman wage rate in the wagedetermination which provides for less than full fringebenefits for apprentices. Any employee listed on thepayroll at a trainee rate who is not registered andparticipating in a training plan approved by theEmployment and Training Administration shall be paidnot less than the applicable wage rate in the wagedetermination for the classification of work actuallyperformed. In addition, any trainee performing work onthe job site in excess of the ratio permitted under theregistered program shall be paid not less than theapplicable wage rate in the wage determination for thework actually performed. In the event the Employmentand Training Administration withdraws approval of atraining program, the Contractor will no longer bepermitted to utilize trainees at less than the applicablepredetermined rate for the work performeduntil an acceptable program is approved.
(3) Equal employment opportunity. The utilization ofapprentices, trainees, and journeymen under thisclause shall be in conformity with the equalemployment opportunity requirements of ExecutiveOrder 11246, as amended, and 29 CFR Part 30,
(e) Compliance with Copeland Act requirements. TheContractor shall comply with the requirements of 29 CFR
Part 3, which are hereby incorporated by reference in thiscontract.
(fl Contract termination; debarment. A breach of this contractclause may be grounds for termination of the contract andfor debarment as a Contractor and a subcontractor asprovided in 29 CFR 5.12.
(g) Compliance with Davis-Bacon and related Actrequirements. 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 thiscontrail
(h) Disputes concerning labor standards. Disputes arising outof the labor standards provisions of this clause shall notbe subject to the general disputes clause of this contract.Such disputes shall be resolved in accordance with theprocedures of the Department of Labor set forth in 29CFR Parts 5, 6, and 7. Disputes within the meaning ofthis clause include disputes between the Contractor (orany of its subcontractors) and the PHA, HUD, the U.S.
Department of Labor, or the employees or theirrepresentatives.
(i) Certification of eligibility.(1) By entering into this contract, the Contractor certifies
that neither it (nor he or she) nor any person or firmwho has an interest iri the Contractor's firm is aperson or firm ineligible to be awarded contracts bythe United States Government by virtue of section3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).
(2) No part of this contract shall be subcontracted to anyperson or firm ineligible for award of a United StatesGovernment contract by virtue of section 3(a) of theDavis-Bacon Act or 29 CF.R 5.12(a)(1).
(3) The penalty for making false statements is prescribedin the U. S. Criminal Code, 18 U.S.C. 1001.
(j) Contract Work Hours and Safety Standards Act. As usedin this paragraph, the terms "laborers" and "mechanics"
include watchmen and guards,(1) Overtime requirements. No contractor or
subcontractor contracting for any part of the contractwork which may require or involve the employment oflaborers or mechanics, including watchmen andguards, shall require or permit any such laborer ormechanic in any workweek in which the individual isemployed on such work to work in excess of 40 hoursin such workweek unless such laborer or mechanicreceives compensation at a rate not less than one andone-half times the basic rate of pay for all hoursworked in excess of 40 hours in such workweek.
(2) Violation; liability for unpaid wages; liquidateddamages. In the event of any violation of theprovisions set forth in subparagraph (j)(1) of thisclause, the Contractor and any subcontractorresponsible therefor shall be liable for the unpaidwages. In addition, such Contractor andsubcontractor shall be liable to the United States (inthe case of work done under contract for the Districtof Columbia or a territory, to such District or to suchterritory), for liquidated damages. Such liquidateddamages shall be computed with respect to eachindividual laborer or mechanic (including watchmenand guards) employed in violation of the provisionsset forth in subparagraph Q)(1) of this clause, in thesum of $10 for each calendar day on which suchindividual was required or permitted to work in excess
of the standard workweek of 40 hours withoutpayment of the overtime wages required byprovisions set forth in subparagraph (j)(1) of thisdause.
(3) Withholding for unpaid wages and liquidateddamages. HUD or its designee shall upon its ownaction or upon written request of an authorizedrepresentative of the Department of Labor withhold orcause to be withheld, from any moneys payable onaccount of work performed by the Contractor orsubcontractor under any such contract or any Federalcontract with the same prime Contractor, or any otherFederally-assisted contract subject to the ContractWork Hours and Safety Standards Act, which is heldby the same prime Contractor, such sums as may bedetermined to be necessary to satisfy any liabilities ofsuch Contractor or subcontractor for unpaid wagesand liquidated damages as provided in the provisionsset forth in subparagraph Q)(2) of this clause.
(k) Subcontracts. The Contractor or subcontractor shall insertin any subcontracts all the provisions contained in thisclause, and such other clauses as HUD or its designeemay by appropriate instructions require, and also aclause requiring the subcontractors to include theseprovisions in any lower tier subcontracts. The primeContractor shall be responsible for the compliance by anysubcontractor or lower tier subcontractor with all theseprovisions.
Previous editions are obsolete Page 18 of 19 form IIUD-5370 (1/2014)
Replaces form I-IiJD-5370-A
47. Non-Federal Prevailing Wage Rates
(a) Any prevailing wage rate (including basic hourly rate andany fringe benefits), determined under State or tribal lawto be prevailing, with respect to any employee in anytrade or position employed under the contract, isinapplicable to the contract and shall not be enforcedagainst the Contractor or any subcontractor, with respectto employees engaged under the contract wheneversuch non-Federal prevailing wage rate exceeds:(1) The applicable wage rate determined by the Secretary
of Labor pursuant to the Davis-Bacon Act (40 U.S.C.3141 et seq.) to be prevailing in the locality withrespect to such trade;
(b) An applicable apprentice wage rate based thereonspecified in an apprenticeship program registered withthe U.S. Department of Labor (DOL) or a DOL-recognized State Apprenticeship Agency; or
(c) An applicable trainee wage rate based thereon specifiedin a DOL-certified trainee program.
48. Procurement of Recovered Materials.
(a) In accordance with Section 6002 of the Solid WasteDisposal Act, as amended by the Resource Conservationand Recovery Act, the Contractor shall procure itemsdesignated in guidelines of the Environmental ProtectionAgency (EPA) at 40 CFR Part 247 that contain the highestpercentage of recovered materials practicable, consistentwith maintaining a satisfactory level of competition. TheContractor shall procure items designated in the EPAguidelines that contain the highest percentage bfrecovered materials practicable unless the Contractordetermines that such items: (1) are not reasonablyavailable in a reasonable period of time; (2) fail to meetreasonable performance standards, which shall bedetermined on the basis of the guidelines of the NationalInstitute of Standards and Technology, if applicable to theitem; or (3) are only available at anunreasonable price.
(b) Paragraph (a) of this clause shall apply to itemspurchased under this contract where: (1) theContractor purchases in excess of $10,000 of the itemunder this contract; or (2) during the precedingFederal fiscal year, the Contractor: (i) purchased anyamount of the items for use under a contract that wasfunded with Federal appropriations and was with aFederal agency or a State agency or agency of apolitical subdivision of a State; and (ii) purchased atotal of in excess of $10,000 of the item both underand outside that contract.
Previous editions are obsolete Page 19 of 19 form HUD-5370 (1/2014)
Replaces form HiJD-5370-A
~■ ~
- ■
~~~
~~ }+ ~~~ ~~I~~~~~I~~
~. ~c~~~:
The confi-act will call for the Contractor to furnish and pay for all laborers and mechanics employed under
this Project.
2. 1~iQ'~I~~ 'I'd ~'~OCL~~}: .
Upon approval of the contract documents, including completion of the Pre-Award Conference, the MPHA
shall issue a written "Notice to Proceed" to the contractor. Absolutely no work may proceed under this
contract prior to issuance of the notice to Proceed".
3. ~~~~r~~nv~ Q~~~ ~o~: rriA
~.. ~ o~ corr~~~~~Q~:
The contract will become effective on the dafe stipulated on the "Notice to Proceed: and shall not emend
beyond fhe date stipulated in such "Notice to Proceed" unless first authorized by approved Change Order.
5. ~+ SPONSIBT~`~ES O~~ '~`~E COl`dTTItt~CTOR:
Except as otherwise specifically stated in the contract documents and Technical specifications, the
contractor shall provide and pay for all materials, Labor, tools, equipment, permits, superintendence, charges,
levies or fees, or other expenses incurred, and all other services and facilities of every nature necessary for
the satisfaction of the contract specifications.
6. QUAl!'TIT~S: N/A
7. COIVIll~IE7NICA~al\TS: .
A. All notices, demands, requests, approvals and claims must be in writing.
B. Any notice or demand upon the contractor shall be sufficiently given if delivered at the office of the
contractor stated on the signature page of the contract (or at such other office as the contractor may from
time to tune, designate in writing to the MPHA) or if deposited in the United States mail in a sealed,
postage, prepaid envelope.
C. Unless otherwise specified in writing to the contractor, all papers required to be delivered to the MPHA
shall be delivered to MPHA, Procurerr~ent Department at 1001 Washington Avenue North, Minneapolis,
MN 55401-1043. Any notice to or demand upon the MPHA shall be sufficiently given if so delivered
with charges prepaid to auy company for transmission to said MPHA at such address.
D. The contractor shall designate in writing, at the time of execution of the contract, the name of its duly
authorized representative with whom the MPHA may conduct all business in connection wish the
operating of the contract.
8. APPROVED iZEQUISTION: N/A
9. C~AN~~S IloI ~WQ:
The MPHA may make changes in the scope required to be performed by the Contractor by making additions
thereto and / or-by making omissions there from without invalidation of the contract, ~~ithout relieving or
F1
SPECIAL CONDITIONS (Continued).
releasing the Contractor from any of its obligations under the contract or any guarantee a ven by the
Contractor pursuant to the contract provisions; provided that the total net amount of the changes does not
increase the contract amount by more.than 25%. .._- , ._-_ :- - ~= _-._._ =- - _ __ ______ __-
All such chances shall be executed under the terms of the or a~inal contract unless it is expressly provided
otherwise, in writing, by the MPHA.
10. I~~LR~' 0~` I~iA~`~F~IALS:
Materials to be transported to delivery site are the Contractor's responsibility. - - -
~~. ~~I,IN~:
The ~eapolis Public Housing Authority's billing address is as follows:
~APOI~IS PUBLIC ~~~TSING ~~~ORPFY. , Accounts Payable/Finance Department Room #307 -... - : _ .-.
1001 Washington Avenue NorthMinneapolis, MN 55401-1043
Billing the MPHA for materials purchased under this contract shall be done within si~fy (60) days of any
purchase. The following must be specified on each invoice in order for the MPHA to process any invoice for
payment:
1. contract IdentificationExample: "MPHA~Contract #100001"Miscellaneous Electric supplies
2. Requestor IdenficafionExample: "Capital Improvements, Requestor, Jack Jones"
3. Service IdentificationCompletely describe the materials provided, including the address where materials were delivered.
4. Order Date (and I3elivery Date, if applicable)
5. Materials Breakdown with TJ~i~ Prices
6. 'dotal Materials Charge
12. PACE LIST: lY/A
13. BRAND NAND OR EQUAL DESC~ZIPTIO~NS:
1. Unless the bidder requests, in advance, and receives written approval from the MPHA for the use of a
substitute product, lusher bid shall be considered to be based on the specific products) listed in this
"Invitation for Bids" or in any related addenda.
2. In order that the bid maybe considered responsive, the Bidder must bid on that which is specified and
provide all data requested in this "Invitation for Bids" and in any addenda,
F2
SPECIAL CONDITIONS (Continued)
~~. ~~~~.~~ ~~a~~~ air ~~~s~s ~~c~~~ ~~ s~~~ ~~ ~~~~~~:
No automotive vehicle, truck, tractor or wheeled and self-propelled vehicles shall be permitted to operate on.
MPHA property, except on bona fide street, avenues or parking lots, without prior written approval of the
~~iPHA representative.
15. C~I~ITR.E`iC'FO~~F~PS6I~IS~+ TO FID RE+ QFJES~:
Ii the Contrac~or is unable to submit a bid in response to the request but is in~erested in bidding on fixture
requesi, please write "No Bid" on the Bid Form and return the Bid Form to the MPAA address Listed in the
bid package.
16. EQUA~I., ~1V~LOri'lY~I~P~OPPQR~~ITY:
Pursuant to Executive Orders 11246 and 11375, and Minneapolis Civil Rights Ordinance Tile 7, Ch. 139,
141 and 142; the Contractor sha11 be required to provide equal opportunity and shall not discriminate against
~~ -any person because of his/her race, color, religion, sex, age, national origin, disability, ancestry, affectional
preference, status with regard to public assistance, marital status, Vietnam era veteran or disabled veteran.
17. PA~'NIENTS:
A. Payments
Payment to the Contractor by the MPHA shall be madesubject to the following:
I, That no payment made under the contract shall act as a waiver of the right of the NIPHA to require the
fulfillment of all terms of the contract.
B. Prompt Payment to subcontractor
The prime contractor, pursuant to ~vliuuesota statute 471.425, subd. 4a, shall pay any subcontractor within
fen (10) days of the prime contractor's receipt of payment from MPHA, for undisputed services provided by
the subcontractor. The prune confrac~or is required to pay interest of 1.5%per month or any part of a mon*h
to any subcontractor on any undisputed amount not paid on time to the subcontractor. For an unpaid balance
of less than s 100, the prime contractor shall pay the actual penalty due to the subcontractor. The minimum
monthly interest penalty payment for an unpaid balance of s100 or more is s10. A subcontractor who
prevails in a civil action to collect znterest penalties from a prime contractor must be awarded ifs costs and
disbursements including attorney's fees incurred in bringing the action.
ZS. S'I'A'FEN~N'~i' OF CON~RACTQR'S (~UALI~+ICATIOl\TS:
The MPHA will require a statement of Contractor's Qualifications on the form furnished for the purpose (a
copy of which is included in the specifications) relative to the bidder's financial resources and organization
and equipment available for the work contemplated. The MPHA shall have the right to take such steps as it
deems necessary to determine the, ability of the bidder to perform the work and the bidder shall furnish the
MPHA all such information and data for this purpose as the IVIPHA may request, The. right is reserved to
reject any bid where an investigation of the available evidence or information does not satisfy the MPHA
that the bidder is qualified to properly carry out the terms of the specifications.
19. COR~'.ECTIONS:
Erasures or other changes in the bid must be dated and initiated over the signature of the bidder.
F3
SPECIAL CONDITIONS.(Continued)._-::
2Q. Y~J~CTIOI~T ~~' ~~S:
In determining the successful bidder, fhe following elements, in addition to those mentioned~above, will be
considere~l~ whether the bidder 1) maintains a permanent place of business; 2) has adequate plant equipment
available to do the work properly and expeditiously; 3) has made a good faith effort to employ area
residents; 4) has made a good faith effort to solicit bids from minority or woman.-owned business enterprises
and.the extent to which said bidder is successful in this regard.- - - - - - - -__
21. CERTIFICATION OTt+ P1~N-SEGREG~T~D FA~C~.ITI~S:
The bidder certifies that it does not maintain or provide for its employees any seb egated facilities at any of
ifs establishments, and that it does not permit its employees to perform services at any location under its
control, where sea egated facilities are mainfained. The bidder certifies further that it will not maintain or
provide for its employees any segreDated facilities at any of ifs establishments and that it will not permit its
employees to perform services at any location under its contract where segregated facilities are maintained,
The bidder agrees that a breach of this certification will be a violation of the equal opportunity clause in any
contract resulting from acceptance of this bid. As used in this certification, the term segregated facilities
means any waiting rooms, work area, restroons (except bi-sex) and washrooms, restaurants acid other eating
areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains,
recreation or entertainment areas, transportation and house facilities provided for employees which are
segregated by explicit directive or are, in fact, segregated on the basis of race, color, religion, or national
or a6in, because of habit, local custom, or otherwise. The bidder as ees that (except where it has obtained
identical certifications from proposed sub suppliers for specific time periods it will obtain identical
certifications from proposed sub suppliers prior to the award of sub-contracting exceeding s 10,000 which
are not exempt from the provisions of the Equal Opportunity clause, and that it will retain such certifications
in it files.
22. SALES AND T7~E TAX:
The Minneapolis Public Housing Authori~y (MPHA is required to pay the 6.875% Minnesota State Sales /
Use T~ but is exempt from other taxes. Your "Bid Form Total" figure must include the IYIinnesota.sales /
use tax.
23. Il`t~3EMNI~'ICATION:
The following indemnification clause is a contractual obligation to which all Contractors are subject: As and
from the date here to the contractor agrees to defend, indemnify and hold the NIPHA harmless from any and
all claims or lawsuits that may arise from the con~-actor's activities under the provisions of this contract that
are and to the negligent or other wise wrongful acts or omissions, including breach of specific contractual
duty. Nothing herein shall be construed to obligate the contractor to protect indenwify and save the MPHA,
its officers and employees harmless from and (including attorney's fees), caused of action, suits negligent or
wrongful acts or omissions of the MPHA or any of its agents, employees or officers.
24. T~~ti~'TiIl'~ATION OF CONTRACT:
The MPHA may terminate the contract for cause by giving written notice to the other at least ten (10) days
prior to the effective date of termination. Notwithstanding the above, the contractor shall not be relieved of
liability to the MPHA for damages sustained by the MPHA by virtue of any breach of the contract by the
contractor and the MPHA may withhold any payments to the contractor until such time as the exact amount
of damages due the MPHA from the contractor is determined and received by the MPHA.
F4
SPECIAL. CONDITIONS (Continued)
~~. Il~TSLTT~I~~:
Prior ~o commencement of work, the Contractor shall fvinish NPHA with a CertLficate of Insnxance
showinb coverage in force on the dare or execution of the contract for= the amounts and types of coverage
specified below. Contactor MCT~T name the I~iinneapolis Public Housing Authorit~j (IVIPHA) as an
"additional insured" under both General and Automobile Liability. Each such policy shall provide for 30
days prior wriren notice to MI'HA of the effective date of any cancellation. Insurance shall be in force on
the date of execution of the contract and shall remain for the duration of~the contraci.
6. CiE~I~iL IIeT~ITRANe~ R~QL~ T~EIYE~I~TS
Confractor and each of its subcontractors shall not commence work under the Contract until they have'obtained all the insurance described below and the Minneapolis Public Housing Authority (Iv~HA) hasappro~Ted such insurance. All policies and.certificates sha11 provide that the policies shall remain in forceand effect Throughout the term of the Contract NIPHA shall be named as an "additional insured" on any
General Liability and Automobile Liability policy. Contractor policies shall be primary insurance fo any
other valid and collectible instu-ance available to the MPHA with respect to any claim arisin; out of theContract. Each such policy of insurance shall provide MPHA with 30 days advance written notice ofcancellation. Contractor is responsible for payment of insurance deductibles and retention cost, If Contractor
is self-insured, a Certification of self-Insurance must be attached. Insurance Companies must have an "AM
Best" rating of A-class V or better and be authorized to do business in the State of Minnesota.
IlVSU~tANC~ R ~+ QUAD SHALL ~E IT'I'EN I'Q~Yb NOT HESS THAN T~ ~'~~LO~vIIdG
1. ~Jorker's Compegsation IBsurance
A. Statutory Compensation CoverageB. ~ Coverage B —Employers Liability with 3units of not Less than:
$100.,000 Bodily Injury per Disease per Employee$500,000 $odily Injury per Disease Aga egate$100,000 Bodily Injury by Accident
2. A~tornobile Liability Iax~urance
A. Minimum Limifs of Liability:~. $1,000,000 —Per Occurrence —Bodily Injury and Property Damage
Combined Single LimitB. Coverage;
X Owned Automobile, if anyX Non-Owned AutomobileX Hired AutomobileX MPHA named as Additional Insured
FS
SPECIAL CONDITIONS (Continued)
-- 3. ~ener~l I,aabiiaty Insurance
A. Minimum Limits of Liability:.- $1,500,000—Per Occurrence
$1,000,000 —Annual Aggregate
B . Coverage:X Bodily InjuryX Property DamageX Personal InjuryX Blanket Contractual'X MPHA named as Additional Insured
F6
Direc~ive Number. 13.38
~~~TICSt~ ~ ~~~l~SE
A. The work fo be performed under Phis contracf is project assisted under a pragr~r~t prQvidirg
direct Federal fnancial assistance from the Dep~~ment of Housing and Urban Development acidis subject io the rec{uirements of Section 3 of the Housing and Urban Development Aci of 1968,as amended, 12 U. S. C. 1701u. Section 3 eequires that to the greatest extent fusible,opportunities for training and employment be given io lov er income residents of the area of theSection 3 covered project and contracts for v~~ork in connection with the project be awa`ded tobusiness concerns which are I~catad i~, or awned in substantial part by persons residing in the
area of the Section 3 covered project. '
B. The parties to this contract will comply with the provisions. of said Section 3 and the regulationsissued pursuant thereto by fihe Secretary of Housing and Urban Development set forth in 24CFR, PaR 'f 35; and ail: appiicabfe rules and orders of the Department issued~thereunder prior to
the execution of this contact. The parties io this contract certii~~ and agree that they are .underno contractual or other disability, which would peei~ent them from complying with theserequirements.
C. The contractor will send to each labor organization or representative of workers v~ith which s/he
his a collective bargaining agreement or other contract or understanding, if any, a noticeadvising the said labor organization or workers' representative of its commitments under this
Section 3 clause and shat! post copies of the notice in conspicuous places available toemployees and applicants for employment or training.
D. TF~e contractor will include this Section 3 clause in every subcontract for work in connection withthe project and will, at the direction of the applicant for or recipient of Federal financialassistance, fake appropriate action pursuant to the subcontract upon a finding that the~ubcantractor is in violation of regulations issued by the Secretary of Housing and UrbanDevelopment, 24 CFR, Part 135, the contractor will not subcontract with any subcohtractorwhere it has notice or knoNrledge that the latter has been found in violation of regulations under24 CFR, Part 135 and will not let any subcontract unless the subcontractor has first provided itwith a preliminary statement of ability to comply with the requirements of this regulation. ,
E: Compliance with the provisions of Section 3, the regulations set forth in 24 CFR, Part 135, andall applicable rules and orders of the Department issued thereunder prior to the execution of thecontract, shall be a condition of the Federal financial assistance provided to the project, bindingupon the applicant or recipient, ifs contractors and subcontractors, its successors and assigns fothose sanctions specified by the grantor loan agreement or contract through which Federalassistance is provided and to such sanctions as are specified by 24 CFR, Part 135.
F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, terminationof this contract for default, and debarment or suspension from future HUD assisted contracts.
G, With respect to work performed in connection with Section 3 covered Indian housing assistance,Section 7(b) of the Indian Self-Determination and Education Assistance Action (25 U.S.G. 450e)also.appfies to the work to be perFormed under this contract. Section 7(b) requires that to thegreatest extent feasible (I) preference and opportunities for training and employment shall be
given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to
Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that aresubject to the provisions of Section 3 and Section 7(b) agree to comply with section 3 to themaximum extent fEasible, but not in derogation of compliance v~~ith section 7(b)
i~ G
1`~~'S S~~'~'~~I~ 3 CaNT~'~II~~ ~ ~1'~F~~~'I~EI~T ~~~~
h.. ~'~I~ ~~~15~~ r~~J`~~~~IT~' S~C'~'~~llT 3 ~Ckl~T€~'I'S
Secfi~on 3 requirements for a public housing authority are different from the Section 3
requirements for a city. Belowis a brief summary of the Section 3 requirements for MPHA.
~. SEC'~~ON 3 QVE~VV~E~'
1. Section 3 Purpose. ,Section 3 is part of the Housing and Urhan Development Act of
1968. Its purpose is to provide economic development opportunities for and employment to low
income persons ~~hen federal .dollars are expended in construction and non-construction or
service cbniracts. Contracts solely for.goods or materials are not covered by Section 3. A
contractor who is awarded a Section 3 confract must to the "greatest event feasible" comply
with the contracting and employment goals. See 24 C.F.R. § 135.
~. 'Greatest Extent Feasible. Every Section 3 contractor, which includes the general
contractor and all subcontractors, has a duty to the "greatest extent feasible" to meet :the
contractuig and employinen~ goals. The contractor must take every reasonable affirmative
action fo meet the goals. The duty maybe more than soliciting bids or advertising contracting
and employment oppoi-tuiuties. Tf appropriate, a contractor may give preferential treatment to a
Section 3 business or resident and maybe obligated to train Section 3 residents. Every
contractor must show that it took every affirmative action to comply with the goals.
3. 1Wletro~olitan area. The goals require contracting with Section 3 businesses and hiring
Section 3 residents in the Metropolitan Area as defined by the Office of Managemen~ and Budget
(OMB), MPHA's Metropolitan Area includes eleven counties in MN; Anoka; Carver; Chisago;
Dakota; Hennepin; Isanti; Ramsey; Scott; Sherburne; Washinb on; and Wright; and two counties
in WI: Pierce; and St. Croix.
4. Section 3 Clause. The Section 3 clause is a document prepared by HLTD which must be
included in all contracts and subcontracts and be given to all subcontractors on a Section 3
project whether or not they are a Section 3 business.
5, ~TVeekly Repor~i~~. All contractors and the general contractor must complete the
attached Section 3 Contractor Compliance Reporting Form each week. This form is submitted
through LCP Tracker.
6. Web Recess for Section 3 Regula~ioa~s. A website for Section 3 federal regulations is
at; www.access.wo.~ov/nara/cfr/index.html. At the website, type "24CFR135".
~. SEC~'~6Td 3 S~EI~T ~?~~'F~ITI~3TeTS ~~ P~'~'~~~
Tie defini~io~s and prao~i~ies for Sec~o~ 3 residents ~a~e defied ia~ 24 C.F.lZ. §
135.5 & § 135.34 ~~)(1}(~}—(iv}. Training and employment opportunities must be awarded in the
following priority.
Priority l: An. MPHA resident living in the Asset Management Projects (AM1')
where the work will be performed. MPIs~A has nine AMPs and will identify the AMP
where the work is performed.
Priority 2: An MP.HA resident who does not live in the AMP where the work will be
performed. MPHA has nine AMPs and will identify the AMP where the work is
performed.
Priority 3: A participant in a Youthbuild Prob am which is a federal or state program
that provides job training to 16~to 24 year olds who are at risk of dropping out of school
in MPHA's Metropolitan Area. The Youthbuild providers in the Metropolitan Area
include: Carver Scott Educational Cooperative (Chaska); Central ~YIl~I Jobs .(Monticello);
City Academy (St. Paul); Guadalupe Alternative Programs (St. Paul); and Tree Tnzst
(Minneapolis).
Priority 4: A resident of the Metropolitan Area who is glow-income person as defined
by HCTD. Alow-income person is a family whose household gross income does not
exceed 80% of the median income, The chart below shows the household income
eligibility by family size.
Family Size Income
1 $45,500
2 $52,000
3 $8,500
4 $65,000
Family Size Income
5 $70,200
6 $'75,40.0
7 ~ $80,600
8 $85,800
D. CONTRACT~N~ NTH SECTION 3 B~JSIl~I~~S~S
1. ~ec~iou 3 Con~rae~ing Ga~l~s. Federal law states that "to the greatest extent feasible" at
least 10% of the total dollar amount of all construction contracts and at least 3°/o of the total
amount of all professional service or non-construction contracts should be awarded to Section 3
businesses, A contractor may meet the goal by becoming a certified Section 3 business.
Construction contracts include: repair; maintenance; modernization; and development and does
not include contracts soie~y for goods or materials. If a contract is for goods and work, the entire
contract amount is subject to the Section 3 goals.
2. '~~~ ~e~zi~~~a~s ~a~€~ ~r~~~i~ies ~~r a ~ee~io~ 3 ~a~~~ress are de~~ec~ ~ 2~~ ~.~'.~. ~
~.3~.~6 (a)(1)(~}-(~~). Contracts must be awarded in the following prio~-it~T.
Priorit~~ 1~ is a business that is ~ 1 % or more owned by MPHA residents) v~~ho reside in
the AN~P where the work is performed or whose fall time permanent work force, which
may be seasonal, includes 3~0% of the MPHA residents in the AMP.
Priority 2 is a business: a) that is 51% or more owned b3~ MPHA residents who do not
live in the AN~P; b)'whose full time permanent workforce, which may be seasonal,
includes 3Q% of the MPHA residents who do not live in the AMP.
Priority 3 is a Youthbuild program within the Metropolitan Area. Please see above
Section 3, Priority 3.
Priority 4 is a business: a) that is owned by Section 3 residents) living in the
Metropolitan Area; b) whose full time permanent worl~orce, whichmay lie seasonal,
includes 30% of Section 3 residents li~~ing in the I~Ie~ropolitan. Area; c) that subcontracts
25% of the contract award to Section 3 businesses in the Ivletropoli~an Area.
3. Priority 4c Section 3 ~usnness. A Section 3 business under Category 4c above who
does not contract 25% of its contract award with a Category 4a or 4b Section 3 business will lose
ifs Section 3 status and must comply with the 10% contracting goals for construction contracts
.and 3% contracting goal for professional service or non-construction contracts.
4. Section 3 ~3usiness Certi~€~ca~ion. A business may qualify as a Section 3 business in
two ways.
a. The business may submit to MPHA a Section 3 Certification from any government
entity in the Metropolitan Area,
b, The business may seek certification from MI'HA, The business must submit to
MPHA documentation of its Section 3 business status and completed certification forms.
5. Bid Subanission Document~f~ion. All entities or persons submitting bids or proposals
must demonstrate their Section 3 efForts by submitting letters of intent that they will subcontract
at least 10% (conshuction) and 3%(professional service ornon-construction) of the total
contract award to Section 3 businesses or contracts with Section 3 businesses contingent upon an
award of the MPHA work,
6. Respoa~sible Business. Prior to the award of a contract, the MPHA may request that a
Section 3 business provide adequate documentation of ability to perform successfully under the
specifications, terms and conditions of the contract.
7. Section 3 Business List. Attached is a list of certified Section 3 businesses that you
may select in meeting the 10% contracting goal for construction contracts and the 3%contracting
goal for professional service or non-construction contracts,
~. ~Ii~~QYI~EIi~T SAP ~~~'~~~I~ 3 S~~N'~'S
~. ~~ap~oymea~t Goals. "To the greatest extent feasible" at least 30% of the contractor's
~a~~v ~ai~es at all levels shall be Section 3 residents. See 24 C.F.R. § 135.30(b). A contractor
may count a newly hired permanent, temporary or seasonal, employee as a Section 3 resident for
the first three years of employment.
2. Section 3 ~Zesident Certification. A person claiming Section 3 status must complete and
provide to MPHA the resident certification form. MPHA will certify all persons claiming
Section 3 resident status.
~'. FA~.IURE TO COl'V~LY
i. Greatest Egfent ~`e~sibf~ Foran. If you are unable to meet the contracting and
employment goals, you must submit to MPHA a completed form demonstrating the affirmative
action taken to comply with the "greatest e~;tent feasible" requirement.
2. ~+a~e ~nfor~ation. Any person who submits false or inaccurate information to
MFHA regarding Section 3 certifications or compliance with goals may lose an awarded contract
or be declared non-responsive for future contracting opportunities with MPHA. Also, MPHA
may report misconduct to HITD for fiu-ther sanctions.
G. QUESTIONS AND FORll~IS To obtain any Section 3 form or for questions, please
contact Ben Jackson, MPHA's Buyer/Section 3 Coordinator, phone at 612-342-1424; fax at
612-335-4496; and e-mail at [email protected]~. Also, some forms and information
maybe on MPHA's website at: vaww.mphaonline.org
Et~TtJAL DOUSING OPPQ~TUT~ITY /EQUAL EN.~PLOYl'v~ENT OEPORTUNITY
2/1/2012
f~ ~G
1. ~~b~ei~ a ~ec~eQs~ 3 ~e~s's~ess Ger~6iica~i~~ ~rc~m ~ ~v~.~er~~rse~~ en~i~y ion foe
-t~6~~rc~ps~fi~an ~,c~a. You may became a certified Secfiion 3 business by submit~ing to
NfinnEapolis Public Housing Authority's (MPHA) Procurement DepaRment a curreni
Section 3 Certificate from another govemmenf en~ity in the Metropolitan Area.
2. Car~aply wi~E~ ii~PFf,~'s Sec~i~r~ 3 Ce€~~~ic~~io~ €~6ogEann. To receive a Section 3
business certification from MPHA, the business must comply with MPHA's procedures _'-~
which are listed below in Part 5. If you have any questions or are a business owned by
MPHA residents or are a Youthbuiid program, contact the person listed below.
3. Tire !lfi~tropo6B~ar~ ~F~~ includes 11~1[~l counties: Anoka; Garver, Chisago; Dakota;
~9ennepin; lsanti; Ramsey; Scott; Sherburne; Washington; and ~/Vright and WI Counfies;
Pierce; and St, Croix.
4. Before ~ contract is awarded, MPHA may request a Section 3 tusiness to
provide adequate documentation that the Section 3 business is responsive and has the
ability to successfully perform the terms and conditions or the contract.
5. MPH~'s ~ec~ion 3 B~a~er~ess Ce~¢~ica~io~ ProceeGc~Fe~.
a. Contact MPHA's Procurement Department to request a Section 3 CerEification Packet.
b. Provide to MPHA the required documentation and a completed Section 3 Business
Certificafiion Form.c. Assist MPHA in verifying your Section 3 business eligibility.d. If approved, fVIPHA will issue a Section 3 business certification.e. Notify MPHA of any changes that may affect your cerEification,
£ MPHA may review your Section 3 Business Certification on an annual basis.
6. ~ues~ior~s end Fortes. To obtain any Section 3 form or for questions, please
contact Ben Jackson, NIPHA's Buyer/Section 3 Coordinator: phone at 612-342-1424; fax
at 612-335-4496; and e-mail at [email protected] Also, some forms and
information may be on MPHA's website at: www.mphaonline.orq.
Rev. 02/12
EC~l~f-~L EfiPPLE?Y~lf6Ef~T ~PPC?EtTi l~ft4iTY / E~lJ.~L EVE7El~B6~C E)~€'C3R~~t~ETY
N
Pu
Address:
Phone: E-I~iail:
check your section 3 resident status below:
~G
County:
I am a current resident of the I~iinneapolis Public Housing Authority.
I am a participant in a Youth build Program with
I am a low income person based upon the chart below and live in the Metropolitan. Area,
a. The Metropolitan area includes eleven counties in MN: Anoka; Carver; Chisago;
Dakota; Hennepin; Isanti; Ramsey; Scott; Sherburne; ~Jashinb on; and Wright;
and two counties in WI: Pierce; and St. Crox.
b. My family size is persons and my total gross annual family income is
$ - You must meet the income limits below for your family size.
Family Size Income1 $45,5002 - $52,0003 $58,000
Family Size Income4 $65,0005 $70,2006 $75,400
Family Size Income7 $80,6008 $85,800
I have attached copies of the documents below which are tn~e and correct and proof of my
Section 3 Resident status.
Dwelling lease Current heat or water bill
Evidence of receiving public or government assistance
W-2 Forms ~or federal fax returns for family members over 18 years of age
Other/please explain:
MPHA may verily the information on this form and the attached documents prior to employing a
person or awarding a contract.
Under penalty of perjtuST, I certify that the information on this form and the attached documents
are true and correct.
Date;Signature of Applicant
EQU~aL Ef~~,PLOYfViEPfT O~PORTUf~[Tl'! EQU~eL HOUSIRlG OPP06~T1lNlTY2/'i /2012
MINNEAPOLIS PUBLIC HOUSING AUTHORITY
CERTIFIED SECTION 3 BUSINESS LIST
BUSINESS NAME
CONTACT
PHONE
Certified Through
TYPE OF WORK
Category 4 A
NAME
A 8~ A
MillworkCassandra or M
ark Aune
12/ 29/15
Specialty License -Supplier- doors frames, hardward, windows,
molding, lumber
ABA Courier Services, L
LC
Abayomi Duroshola
657-353-6711info(a~abacourierservices.com
12/29/15Commercial Courier Service
Abel's Concrete &Construction Services
Abel Piiego651-341-6567
abe12785(~gmail.com
06/28/13General Construction
Above Average Janitorial 8~ Cleaning
Ronald M. Odell
952-212-4444rmodell(c~cfaith.com
01/10/14Final Cleaning, Consturction site cleaning
Access Bakwale Servies
Idee Igboh612-850-5789
10/30/12Trash hauling, Supplies -janitorial, o
nce,
paint
ACTION CONSTRUCTION
Jonathan Rose
612-269-8594jnthnrose@~mail.com
03/03/16General Construction, tuck pointing, concrete
AIC Services L
LC
Joel Obia320-290-8127
10/22/14Final Cleaning, Consturction site cleaning
Alpha Construction
Ahmed AI-Beheary
877-502-0222al(a~alphagc.com
10/01/13General Construction
Almikes Computer Recycling
Aloda Sims
612-290-9718almikescomputer@~mail.com
04/17/14Computer Recycling
4merican Contractors &
Associates, LLC
Ricardo Batres612-990-3302
americancontractorsmn.~mail.com
12/29/15General Contractor
MINNEAPOLIS PUBLIC HOUSING AUTHORITY
CERTIFIED SECTION 3 BUSINESS LIS
T
Antonelli &Associates, Il
cAntonelli Lindsay
612-206-4654
antonelli,[email protected]
05/30/14
General Contractor
Arrington Floor Covering
James Arrington
612-356-0026
j.29varrin~ton@~mail.com
10/01/13
Flooring Covering -carpet, VCT, Sheet, and
Ceramic the
No hardwood Floors
Atlas Construction &Environmental
Norman Jarrett
651-983-7550
~atlasabatement.com
05/23/13
Abatement, survey, remediate
contaminations, lead paint &mold
Barabe Cleaning Services
Paul Barabe
612-291-2925
barabepaul(c~Vahoo.com
10/11/12
Painting, trash hauling, landscape
construction, snow removal
Big G Tech Support, LLc
Gerald Ben-Ami
612-708-9864
gerald@b~tsllc.com
11/24/14
~T Services, Solutions, Hardware, Tecom,
Project Management
Big Jay's Cleaning Service Company
Jerry Marshall
612-871-3083
07/18/12
Office cleaning &maintenance
Bogar Construction
Marvin Smith
612-327-6362
info C~bo~arconstruction.com
06/28/13
janitorial, light demo, fi
nal clean, painting,
trash hauling,
Budget Lee Concrete Construction, LLC.
Franklin Lee
612-226-5493
02/27/14
Masonry& Concrete
Builders Alliance
Don Speese
612-462-6239
buildersalliances@~mail.com
05/29/15
General Contractors
C 8~ C Contractors, LLC
Cornell Dillard
10/11/13
C. Alan Homes, LLC.
Terry Robertson
Chris Willadsen
763-228-1785
F: 952-443-2787
07/18/12
$100,000 +projects
cabinets &countertops, ceilings, painting,
plastering, insulation, masonry, rooting
-flat &
shingles, siding, s
tucco, windows, doors,
glass, HVAC -residential &Commercial,
plumbing, water heaters, carpentry
MINNEAPOLIS PUBLIC HOUSING AUTHORITY
CERTIFIED SECTION 3 BUSINESS LIST
C-Junior H
ardwood Floors &
Remodel,
LLC
Carlos Garceas
612-730-0621info@cluniorfloorin~.com
07/18/13Hardwood flooring, painting, demolition
Capitol Management Services, Inc
Daniel Ward II
02/24/14Property Management/Broker
Capitol Realty Group, Inc
Daniel Ward II
02!24/14Realty Services/Broker
Carlos Construction &Handymen LAC
Juan Lozoya612-866-0844
[email protected]/23/13
$25,001.00 to $100,000.00Commercial &Residential cabinets,
countertops &flooring, Residential painting,roofing-flat &shingles, siding, fencing,
carpentry, windows, doors, glass
Cities 1 Plumbing &Heating
Rirh Peterson6951-274-6323
rich@citieslplumbin~.com
07/24/13Plumbing &
Heating
Code Plus Building &
Remodeling, LLC
Thomas Lang
01/01/13
Carpentry, lead paint, cabinets &countertops, flooring, painting, caulking,insulation, masonry, roofing siding, mold
mitigation
Construcco, LLC
Brad Johnson
Construcco@~mail.com
11/24/14General Construction
Crocus Hill Electric C
oElizabeth R
occo
651-221-0261F: 651-221-0354
[email protected]/24/14
Electrical, life/Safety systems, wiring & lightin,
low voltage
MINNEAPOLIS PUBLIC HOUSING AUTHORITY
CERTIFIED SECTION 3 BUSINESS LIST
Croix Custom Homes, INC.
Jonathan Herum
715-381-9896
F; 715-531-0131
info C~croixcustomhomesinc.com
08/21/12
Carpentry, roofing, s
iding, cabinets &
countertops, windows,
Crossover Handyman Service, LLC
Clifton Lott
612-203-7340
servant803(q)~mail.com
06/14/12
Painting, drywall, tapping
Custom Home Improvement/DB
Management, LLC
Diane Broe
612-281-5713
h3trfnv
03/20/13
General Construction
D. Roberts Cleaning Service, LLC
Danielle Roberts
612-874-0198
08/21/12
Cleaning
Destiny Real Estate Investments, LLC
Kevin D. Pollard
651-329-5992
07/24/14
Real Estate Services
DFMS Consulting Services, LLC
Haytham Ibrahim
651-497-7601
haVthamibrahim493[a)gmail.com
07/24/13
PE, Consulting Services, Project
Management
Diamond Tip Enterprises LLC dba
Durable Construction
Makram EI-Amin
612-760-4375
03/22/13
General Construction
Diamond Pro Painting
Don Harris
612-532-8394
d3harris@~mail.com
01/10/14
Painting
Dream Sweepers
Annie Fulham
612-978-1251
annieful~ham@~mail.Com
10/17/13
Janitorial Cleaning, Residential, Commercial
turnovers, construction site &Final Clean
Dwayne's Lawn 8~ Snow Care
Clarence D Castile
612-282-4338
Cc25ti1e651(c~hotmail.com
04/26/13
Lawn maintenance, trash hauling, tree
removal and trimming, grounds maintenance
ECW Construction LLC
Edward Walker
952-769-3118
edwardcwalkerl(c~gmail.com
04/24/14
General Contractor
MINNEAPOLIS PUBLIC HOUSING AUTHORITY
CERTIFIED SECTION 3 BUSINESS LIST
Emerge Construction, L
LC.
Leslie Myles612-282-0522
07/05/12Consultant-Architecture, Concrete, H
VAC,
plumbing, water heaters, wiring &lighting,low voltage
Escobar Flooring
Marvin Escobar HectorEscobar
g52-292-2349americancontractorsmn.~mail.com
07/09/13FLOORING -ALL TYPES
Everest Cleaning Systems
Anthony Dahl651-274-0794
everestsVstems.anthonV@~mail.com
12/29/15Janitorial Services/Final Clean
Frameworx Construction
Anthony Carter651-231-4552
Anthony(a)frameworxconstruction.com
04/22/13General Construction
G. F. Services L
LC
Gerald Foster612-919-2959
10/22/14rehab/remodeling, construction site cleaning,
final clean
G. I. G
. Services, L
LC
Rasheda L. Pettiford
651-797-8746651-621-4948
mrsienkins.rp(q~~mail.com01/10/14
.lanitorial, Construction Site,FinalCleaning,Painting &
Asbestos abatement
Great Lakes Restoration Inc.Tyrone Daniels
612-384-6551glrestorationinc(c~yahoo.com
12/29/15General Contractor
Griggs Companies DBA McCormick
InsulationHeather Griggs
651-699-4149heather@~rig~scompanies.com
10/01/13Insulation'
Griggs Companies DBA Filter a
nd Systems
Heather Griggs651-699-4149
heather(c~~ri~~scompanies.com10/01/13
Filter &Systems
Hands Construction, L
LC
Betty.Roberts-Hand763-600-4073
12/29/15General Construction
MINNEAPOLIS PUBLIC HOUSING AUTHORITY
CERTIFIED SECTION 3 BUSINESS LIST
Hardin Corporation
Calv
in Hardin Brianca
Hardin
763-464-7034
03/28/13
Pain
ting
HDF, LLC
Marco Gresham
952-2125147
hdfcleanin~llc@~mail_com
07/10/14
Jani
tori
al and construction cleaning
Hogol Transportation Agency
Muse Daud
612-222-2164
07/02/14
Package Delivery &Courier Ser
vice
s
Holliday Construction Inc
.Troy Holliday
612-889-0674
tjholliday mvexcel.com
03/2
8/12
Painting Int
erio
r, concrete co
nstr
ucti
on,
landscaping, lawn ma
inte
nanc
e, tre
e removal
Home Endeavors
Kija
Humphrey
952-486-3309
01/1
0/14
Gene
ral Remodeling
Houa"s Spe
cial
ty Pai
nt, LLc
Houa Xiong
651-307-0123
houa [email protected]
11/26/14
Painting
Hosea Construction Group LLC
Arel
ia Hosea
763-483-8825
HoseaArelia@~mail.com
02/2
4/14
Gene
ral Co
nstr
ucti
on
HR Artistic Contractors
Herman Johnson
312-882-9647
hrartisticcontractors@~mail.com
12/2
9/15
Gene
ral Contracting
Info
rm Transform, LLC
Maryanne Anyanwu
612-590-9836
mimianVa(~~mail.com
10/23/12
Roof
ing,
sid
ing,
windows, doors, gl
ass,
capentry
Initiative Construction Inc
Issac Ca
rpen
ter
612-499-0005
issa
c(~i
niti
ativ
econ
stru
ctio
n.co
m07/25/13
Carpentry, Drywall
MINNEAPOLIS PUBLIC HOUSING AUTHORITY
CERTIFIED SECTION 3 BUSINESS LIST
Integrity Cleaning SolutionsJames Scott
01/24/12Janitorial a
nd construction cleaning
lyawe and Builders Associates
Simon lyawe
01/26/12General Construction
JL HARDWOOD FLOORS
Juan Lozano
05/02/13Flooring, hardwood, Sanding, Carpet, V
CT,
Sheet Vnyl, C
eramic Tile, Installation
KMS AIR DUCT CLEANING
Ken McCraley
612-822-6677ken(c~kmsclean.com
12/29/15General Contractor, Air Duct Cleaning
L. Newell Company
Lawrence Newell
12/29/15Painting (interior &exterior), drywall,janitorial, lead firm, lead supervisor
Cabinets &countertops, flooring, furniture &accessories, painting, w
indow coverings,
Laides Lending a Hand, LLC
Brenda Jenkins612-423-2303
brenda.11ah@~mail.com
07/24/14caulking/tuckpointing, insulation, masonry,
roofing, siding, asbestos, lead paint,carpentry
Roofing, Siding, Stucco, Masonry, Flooring,
Larkins Construction, LLC
Demetrius Larkins612-703-0156
Demetrius.larkins(a~yahoo.com07/25/13
cabinets, painting,Up to $
100,000
Leonard Lohnes LLC.
Leonard Lohnes
612-703-2784leon8rd.lohnes6786(~Comcast.net
01/01/13Roofing, painting, carpentry
Cabinets &countertops, flooring, furniture &accessories, painting, w
indow coverings,
caulking/tuckpointing, insulation, masonry,Lithander Property Services, L
LC.
Kevin Lithander612-245-4663
klithander@~mail.com
01/01/13roofing, siding, asbestos, lead paint,
carpentry, HVAC, plumbing, water heaters
electrical, low voltage, asphalt, concrete,fencing, landscape, carpentry, lawn, trash
MINNEAPOLIS PUBLIC HOUSING AUTHORITY
CERTIFIED SECTION 3 BUSINESS LIST
Loef
fel Co
nstr
ucti
onBrian Lo
effe
l61
2-35
4-78
81Brian.loeffel(a)vahoo.com
07/25/13
Carpentry, Con
cret
e, Cab
inet
&Countertops,
Masonry, Windows, Door & wea
ther
izat
ion
Gene
ral Co
nstr
ucti
on
Lore
nzo'
s Complete Flooring
Lorenzo Daniels
612-
981-
9780
lare
nzo.
dani
els@
~mai
l.co
m05/27/14
Floo
ring
M 8~ R Jan
itor
ial and Cle
anin
g Se
rvic
esJames Robinson
612-
501-
4260
Jrob
inso
n.mr
iani
tori
al(c
ilgm
ail.
com
07/11/12
Janitorial and
Mai
nten
ance
Bui
ldin
g
MacC
rete
Con
stru
ctio
n, LLC
Ericka &Mike Mackay
612-377-2775
07/18/12
Concrete &masonry
Mack'n Ent
erpr
ises
, LLC
Larcell Mack
612-
221-
1071
m2ckinenterprisesllC@~mail.com
03/14/14
floo
ring
,pai
ntin
g,ca
ulki
ng,s
tucc
o,windows
Marlowe &Douglas Drywall LLC
dames Dou
glas
Fr
edMarlowe
612-963-0792
02/06/13
Dryw
all
Marg
arit
a M Sweeney
Margarita M. Sweeney
612-
928-
9327
~itasweeneV@~mail.com
07/31/14
DevelopedProfessional Services
Mast
er Floors
Michele Smith
651-
528-
6540
11/0
7/13
Floo
r Covering-Carpet,VCT, She
et Vin
yl,
Cera
mic Tile
Midwest Con
stru
ctio
n Group
Mike McHugh
952-393-4400
mmchu~h(a~mc~-mn.com
04/18/12
Gene
ral Construction
Midwest Select Co
ntra
ctin
g LLC
Edna McK
enzi
e612-207-4986
edna
(~mi
dwes
tsel
ectc
ontr
acti
n~.c
om12/29/15
Gene
ral Co
ntra
ctin
g
Mile
s 8~ Mil
es Pai
ntin
g Co. LLC
Lawr
ence
Mil
es61
2-38
2-94
08/2
1/14
Painting (in
teri
or &exterior)
MINNEAPOLIS PUBLIC HOUSING AUTHORITY
CERTIFIED SECTION 3 BUSINESS LIST
Mitchell Construction Inc.Anderson Mitchell
612-588-3112am@mitcheliconstructiomm~.com
10/11/12General Construction
Native concrete 8~ Masonry Inc
Charles Monette612-597-0421
02/05/13Caulking/tuckpointing, masonry, concrete,
landscape, poured concrete walls,foundations &
fireplaces
New Generation, Inc.
Heather McCready
06/28/12Drywall
New World Electric L
LC
Joseph Christensen612-229-7960
04/26/13Electrical Contractor up 1
0 $100,000
NRG Mechanical L
LC
Richard A Greslzyk
02/24/14Mechanical
Nu Century Painting
Cynthia Williams
612 298-3511
nucenturyp2intin~@~mail.com
12/29/15Painting, final cleaning up to $100,000
P G Painting a
nd Decorating
Paul Galles651-366-8336
12/29/15Painting &
lead paint
Passan Construction
Pascal Njoku651-230-2579
passan2001(c~Vahoo.com10/11/12
Carpentry, Lead Paint,cabinets, celings,flooring, painting, plastering, caulking,
insulation, masonry, roofing, siding, stucco,windows, doors, gla
PESO Companies
Omar Ruiz
612-236-3822ramo994@~mail.com
03/31/14roofing, siding, stucco, demolition
Prestige Construction &Remodel
Jose Martinez651-.338-5146
[email protected]/21/14
General Construction
MINNEAPOLIS PUBLIC HOUSING AUTHORITY
CERTIFIED SECTION 3 BUSINESS LIST
Prime Construction &Painting, LLC
Richard Brown
Angela Brown
612-367-4314
F: 612-367-4314
08/21/12
Painting, roofing, siding, windows, doors,
glass, carpentry, trash hauling
Quality Solutions Services, LLC
Sanika Brown
651-247-7028
09/23/14
Janitorial, site cleaning
Rambo Insulation
Mitchell Brown
952-484-6227
ramboinsulation(a~Vahoo.com
05/28/14
Insulation new and old homes
Real Estate Partners
Patty Plourde
952-230-3948
patty@pattVplourde_com
12/29/15
Real Estate Services
Real Life MN, LLC
Steve Anderson
612-366-0828
reallifeconstruction@~mail.com
03/28/12
Lead paint, caulking, tuckpointing, insulation,
masonry roofing flaUshingles, siding, stucco,
windows, doors, carpentry, cabinets, fl
ooring,
painting, plastering, concrete, f
encing
R. R. I.
Masonry &Construction LLC
Robert Ross
651-231-2847
02/24/14
General Contractor
2eliable Property Maintenance and Home
Service, LLC
William Washington
952-955-6432
F: 952-955-7032
07/24/12
Cabinets, countertops,ceilings, f
looring,
painting, window coverings,
caulking/tuckpoints, insulation, masonry,
roofing, sl
ing, windows, doors, glass,
ashphalt patching, carpenty, fi
re alarm
testing, trash hauling, tree removal
Reese's Property Management
James Reese
651-226-5779
rpmlawnservice@~mail.com
02/05/13
Fencing, landscape construction, snow
plowing, sa
lting &sanding, welding, torch
work, cutting, grinding &steelwork
Robinson Environmental Inc.
Tim Robinson
763-566-4242
usertim695Ca~aol.com
05/20/13
Abatement, Asbestos &Lead, Light Demo
MINNEAPOLIS PUBLIC HOUSING AUTHORITY
CERTIFIED SECTION 3 BUSINESS LIST
Rogers C Co.
Roger Caldwell
651-399-3243ro~ers.Caldwellco@Vehoo
08/21/14Flooring, painting, plastering,
caulking/tuckpointing, trash hauling, lightdemo, final cleaning
Ross Electric C
o. Inc
Cederic Ross
06/28/13Electrical
Sharp Heating a
nd Air Conditioning, Inc
Debbie Morgan
12/29/15Heating &
Plumbing Contractor
S & L Masonry, LLC
GelarioStephanie Marlow
612-810-5684F:763-241-9120
02/05/13Brick, block &
stone, historical restoration &
concrete construction
Signs on the Side
Kevin Belcher612-870-7362
signsontheside(c~aol.com04/08/13
Painting, Lawn Maintenance, Siding &Plastering
Up to $
100,000
SK8~N Environmental Safety Services,
Inc.Steven King
07/25/13Abatement, Asbestos, Lead, demolition
Snow &Sun Painting
Arnold Gonzales612-250-2616
arn12000(~hotmail.com
05/20/13Painting
Stela ConstructionTesfalem Kibreab
06/28/13General Construction
Steve Martin Construction
Steve King612-462-8191
steven.martin1977@~mail.com
07/25/13Carpentry, cabinets, &countertops, painting,
wall/window coverings, windows, doors,glass, lead paint, lawn care
Stucco Restoration &
Bldg Restoration
ServicesArt White
restorationservices60(c~Vahoo05/0 1/15
Stucco Repair &Bldg Services
Suess Electric, L
LC
Susan Suess Thomson
651-429-0968Info(«~suesselectric.com
12/29/15Electric Contractor
MINNEAPOLIS PUBLIC HOUSING AUTHORITY
CERTIFIED SECTION 3 BUSINESS LIST
Sun Building Cleaning, Inc
Jason Ko
952-220-8902
02/05/13
Office cleaning, construction cleaning
The Bethel Group
Daniel Ward
612-807-7710
daniel(c~thebethel~roup.com
02/22/13
General Construction
The McGlory Group
Matthew McGlory
612-281-5939
matthew.mc~lory@~mail.com
04/18/12
Landscape construction, lawn
fertilization &
Week contral, lawn maintenance, trash
hauling, tree removal &trimming. Appliances
new &used, computer equipment.
TLS Decorating &Remodeling , LLC
Altreko
Little
651-221-0261
05/28/14
painting/wall coverings, remodeling
Today Venture INC
Afolorunso Osisanya
612-481-1734
10/11/12
Flooring, Painting, window coverings,
caulking/tuckpointing, windows, door, glass,
trash hauling
Total) Contracting LLC
Mike Total)
612-919-2711
tci(a~usfamilv.net
04/18/12
Roofing
twin Cities Home Painting Services, LLC
Jose Luis Medina
651-276-9921
02/23/13
Painting
Urban Construction, LLC.
Yohance, Moore
612-598-2359
06/12/12
Cabnets &countertops, ceilings, fl
ooring,
painting, plastering, window coverings,
caulking/tuckpointing, insulation, roofing,
siding, windows, doors, glass, low voltage,
fencing, carpentry, trash hauling
Ultimate Interiors, LLC.
Terry Robertson
Chris Willadsen
763-228-1785
F: 952-443-2787
07/18/12
Flooring -carpet, VCT, sheet vinyl, ceramic
the
Xstream Plumbing LLC
Suzanne Boyer
612-369-4981
suzanne(~xstreamglumbin~.co
07/25/13
Plumbing Contractor/Master Plumber
MINNEAPOLIS PUBLIC HOUSING AUTHORITY
CERTIFIED SECTION 3 BUSINESS LIST
Category 4 B
AnderBel, LLC
Robert Belton612-685-2281
robertCc~anderbelconstrucction.com05/24/12
Carpentry, Concrete, Masonry and
Architectural Services
Atlas Abatement &Contracting, LLc
Norman Jarrett
05/24/13Abatement &Construction Services
Boone Containers, Inc.
Gerald Boone
O: 612-331-4381
F: 612-331-4928
06/28/14Dumpsters & Containers
Builders InstituteBernadette Chandler
612-723-7464buildersinstitutemn(q)~mail.com
12/29/15Construction Training
C. O. H. O. Enterprise
G A Foster
03/22/13Lawn care, s
now removal, lead abatement,
site cleanup, weatherization
Covenant Electric, Inc
Eddie Graydon Barbara
Graydon
O: 612-554-2066
C: 612-5542067
e~raVdon(c~covenantelectric.com03/02/13
Electrical [email protected]
D 8~ J
Steel ConstructionDonald Steele
612-728-9909no.problem(a~dandlsteele.com
02/05/13General Construction
Dennis Environment Operations
Denise Zaske
651-488-4835deo-email(a~gwestoffice.net
12/29/15Abatement, Asbestos &
Lead Paint
DJD Construction
Bill Edgeworth763-5595036
12/29/15General Construction
MINNEAPOLIS PUBLIC HOUSING AUTHORITY
CERTIFIED SECTION 3 BUSINESS LIST
Kendall's Ace Hardware
Tom Hoemke
651-776-6996
12/29/15
Hardware Materials/Supplies
L. Hall &Associates
Lester Hali
612-588-1404
jack5onha111365@msn_com
07/18/12
Janitorial, painting, lawn maintenance &
fertilization, trash hauling, landscaping
Lead Investigative Services, Inc
Frederick Newell
651- 403-2266
nasi(a~gwest.net
07/18/13
Abatement, Lead Firm, Clearance testing
Luken Architecture, P.A.
Ellen Luken
612-630-0074
Eluken(a~lukenarch.com
01/30/14
Architecture Firm
Nails Construction Company
Frederick Newell
651-403-2266
naSiCa~gwest.net
07/25/13
General Construction
New Era Renovation
Henry Hernandez
612-360-7628
03/28/13
Asbestos/Lead Supervisor,
Northland Concrete 8~ Masonry
Dan Stephenson
612-363-1167
dansCa~northlandcm.com
05/29/14
Concrete/Masonry
North Metro Builders
Sue Ouellette
612-396-4267
04/26/13
Carpentry, cabinets, &countertops, ceilings,
flooring, painting, plastering,
caulking/tuckpointing, insulation, masonry,
roofing, siding, windows, doors, glass, up to
and more than $100,000.
NuCore Products Inc.
Brad McCumber
612-685-2208
bradmccumber@nucoreproductsinc_co
02/25/14
Bath surrounds, installation, carpentry
m
MINNEAPOLIS PUBLIC HOUSING AUTHORITY
CERTIFIED SECTION 3 BUSINESS LIST
Ramsey Excavating C
o.
Sheri Loegering612-529-0077 x
203
11/26/14Excavating
RBM Home Repair 8~ Janitorial Services
LLC
Robert Mateen
02/24/14Residential H
ome Repair, Janitorial Services
Satoree Design
Heidi Pierce612-963-0368
f:612-823-0044
heidi(q)satoreedesign.com02/25/13
Cabinets, Countertops, Installation
Supreme Painting, L
LC
Antar Washington651-315-4368
antarwashingtonCa~~mail.com
12/29/15Painting contractor
Tasks Unlimited Building Services
Steven Lockwood
612-871-3320slockwoodC~tasksunlimited.org
12/29/15Janitorial Services/Final Clean
Terra's Canopies, LLC
Phillip Castano651-246-5396
05/05/14Canopy &Services
The Network for Better Futures
Steve Thomas
612-455-6133deb(a~betterfutures.net
07/25/14Recycling,
Tri-ConstructionCalvin LittlejohnLester Royal
12/29/15General Construction
Category 4 C
All Agape Construction C
ompany LLC
Robert or Vertrice Griffen612-377-4756
F: 612-377-4754vertrice.~riffin@alla~ape.com
02/28/13General Construction -
Masonry, Briklaying,
Stone, Chemical Cleaning
MINNEAPOLIS PUBLIC HOUSING AUTHORITY
CERTIFIED SECTION 3 BUSINESS LIST
Alli
ed Electrical &Industrial Supply Co.
Valerie Mc
kiss
ack
612-396-8977
07/24/13
Elec
tric
al/M
echa
nica
l Supplier
Inc.
AMANI CONSTRUCTION &
Jeni
ffer
Kuria
612-
232-
7264
01/23/15
General Co
ntra
ctor
sRENOVATIONS , LLC
Landscape construction, la
wn fer
tili
zati
on &
AnderSunn Lawn Ser
vice
Duane And
erso
n612-801-1877
duan
e.an
ders
on@a
nder
sun.
biz
05/30/12
weed con
trol
, lawn maintenance, tr
ash
haul
ing,
tree
rem
oval
&tr
immi
ng
General Contractor, $
100,000 +projects,
cabinets &countertops, ce
ilin
gs, painting,
Arta
Con
stru
ctio
n Group
Nawa
l Noor
612-
590-
2758
nawa
l.no
or@l
ive.
com
12/2
9/15
plastering, w
indo
w coverings, si
ding, s
tucc
o,windows, doors, gl
ass,
appl
ianc
es,
play
grou
nd equipment, plumbing, wa
ter
heaters, car
pent
ry,s
ite work
City
Construction Services LLC
Sean Burress
612-386-2561
City
02/2
4/14
Gene
ral Contractor
Conc
rete
Con
stru
ctio
n, caulking/tuckpointing,
DLF Masonry Restoration
Dale
Fenner
763-420-2794
daleC~DLFMR.com
01/2
4/12
stucco, windows, doors, gl
ass
Contracts more $100.000
ECO Cleaning Solutions, LLC
Kyle Veenis
651-592-3899
01/2
4/12
Window cle
anin
g, snow plow, ja
nito
rial
,co
nstr
ucti
on cle
anin
g
Falcon Communications Group
James Frisco
612-290-1059
frisco@falconcomm~roup.com
07/18/13
Low Voltage, Telephones, Cabling, Sa
les,
Serv
ice,
CCTV
MINNEAPOLIS PUBLIC HOUSING AUTHORITY
CERTIFIED SECTION 3 BUSINESS LIST
Cabinets, countertops, ceilings, flooring,painting, plastering, caulking, insulation,
Fredrickson Properties LLC
Jonathan Fredrickson612-849-2221
01/03/12masonry, roofing, siding, windows, stucco,
lead paint, asphalt, concrete, fencing,carpentry
Generation One Contracting, L
LC
Voldee Morris612-272-4428
10/21/14General Contracting, D
emo, Carpentry &
finished carpentry
Carpentry, Civil/structural engineering,cabinets, &countertops, ceilings, flooring,
Jamek Engineering Services, Inc.
James Ekhator
12/01/15painting, plastering, caulking/tuckpointing,
insulation, masonry, roofing, siding, windows,doors, glass
Mapp House Services, L
LC
Francis Ikonagbon763-439-3178
12/29/15Painting(Interior &Exterior)
MN Reo Solutions L
LC
David Wordlaw
04/22/13Mold Remediation &Remodeling Co.
4/1/2015
MINNEAPOLIS PUBLIC HOUSING AUTHORITY
CERTIFIED SECTION 3 RESIDENT LIST
RESIDENT NAME
PHONE
TYPE OF WORK
EXPIRES
Aaron Bohonko
Painting, caulking/tuckpointing, insulation, roofing, siding,
window &doors carpentry concrete
2/26/2012
Ashanta Walker
612-521-4688
HIRED
Cedric W. Wash
612-281-9625
H:612-345-4140
wash [email protected]
Union carpenter -- w
indows, doors, glass, concrete
construction7/18/2012
Craig Allen Nelson612-722-5125
Cabinets, Ceiling -acoustical-suspeneded, finish carpentry,
skilled in stairs4/18/2012
Curtis Jones612-244-0799
[email protected] -carpenter
2/27/2014
Curtis Parker612-600-4001
www.kavtomm95@~mail.com
Journeyman Carpenter- c2binets, ceilings, painting,
insulation, siding, windows, doors, glass,
6/28/2013
D Rojas
CarpenterHIRED
Dale Doocy
612-791-0997Painter
Hired
David Smith612-916-1327
HVAC Residential/Business, Welding
4/18/2012
Jacfar Hussein612-296-3405
Painting, plastering10/24/2012
Javonte Lynn
612-630-4281
iavontelynn@~mail.comApprentice -carpenter
HIRED
Jeffrey Lee612-636.2848
ieffjlee59@~mail.comCarpentry -
Union
12/27/2012
Jeremiah Harvey
612-205-1329
HIRED
Jessie Trudell612-251-7974
iessietrudell@~mail.comApprentice C
arpenter
9/4/2013
Jimmy Davis
763-807-4578
Union Laborer
10/21/2014
Joseph Cochran
612-559-0260
arpentry
9/11/2013
Joshua F. R
ymanowski
612-964-9729
Union Carpentry
80/24/2012
Leslie Miller612-267-9340
Sheetmetal -Union
HVAC Commercial &Residential
4/18/2012
4/1/
2015
Cabi
nets
, & countertops, ceilings-a
cous
tica
l, in
sult
ion,
windows, doors, &g
lass
, framing (stick &metal), drywall,
Leve
l West
612-
871-
4496
west
leve
ll@y
ahoo
.com
mudding &taping,
11/14/2012
Luke
Bol
ton
612-
581-
9040
HIRED
Marcus Woods
651-592-6221
marc
us.w
oods
.201
2@~m
ail.
com
Journeyman Car
pent
er2/27/2014
Marg
arit
a M Sweeney
612-928-9327
gitasweenev@~mail.com
Deve
lope
r7/31/2014
Matthew Lar
son
763-732-9073
matt
hew.
p.la
rson
@~ma
il.c
omCa
rpen
try -Union
2/5/
2013
Sheetmetal -Union
Michael Kurpierz
651-
324-
5976
mich
aelk
urpi
erz@
hotm
ail.
com
HVAC- Commercial
4/18/2012
Michael Mu
lree
612-845-7231
mike.mulree@~mail.com
7/14/2012
Michael Knighten
612-
239-
6614
fmf247@~mail.com
Journeyman Electrician
HIRED
Mike Gal
les
612-239-8730
Painting
2/5/2013
Journeyman Carpenter uni
on Re
side
ntia
l &Commercial All
Mike McMillan
763-
516-
8502
Phases
4/18/2013
Journeyman Carpenter uni
on Residential &Commercial All
Mike Wal
ker
651-503-2891
Phas
esHIRED
Mike Shepperson
612-
607-
3476
HIRED
Journeyman Electrician uni
on Re
side
ntia
l &Commercial All
Phyl
lis Carter
763-
354-
0949
phyl
lisc
cart
er@~
.com
Phases
5/21/2013
Quinn Jenkins
651-
797-
8746
mrsj
enki
ns.r
p@~m
ail.
com
Appr
enti
ce Laborer
1/10/2014
Carp
entr
y- Union
Rough and
fin
ish ca
rpen
try,
studs, sheetrock, pa
inti
ng,
plas
teri
ng, ca
ulki
ng, t
uckpointing, roofing, as
phal
t, con
cret
e,
Raphael Du
nlap
1-267-690-0779
mrre
ds.d
unla
p2@~
.com
fenc
ing,
landsccape, law
n ma
inte
nanc
e4/18/2012
Rebecca Bradley
612-
578-
2294
brad
leyr
ebec
ca39
@yah
oo.c
omWelder/Assembler
3/10/2014
floor co
veri
ng, pa
inti
ng, window coverings,
caulking/tuckpointing, ins
ulat
ion,
mas
onry
, as
best
os,
asphalt pa
tchi
ng & see
l coating, con
cret
e, lawn
Rochelle Gil
more
612-
760-
2335
main
tena
nce, tr
ash hauling
8/18/2012
Rovel Le
slie
612-225-8092
5/23/2011
4/1/2015
Shaun Davis
612-559-5239sdott55412@~mail.com
Cabinets &countertops, window coverings, insulation,
roofing, siding &trim, windows, doors &glass, wiring &
lighting, lead paint8/18/2012
Shawn Singleton
2/5/2013
Stephen Maier612-722-4507
Sheet metal worker -union2/5/2013
Tom Hanson
763-568-9055
Laborer2/28/2014
Tvere Rankin
612-423-0017
Journey Electrician
HIRED
Tyrone Scott612-756-2541
12/29/2011
William Moore III
Carpentry -Union
Cabinets, countertops, painting, plastering, insulation
roofing, siding12/27/2011
MINNEAPOLIS PUBLIC HOUSING AUTHORITY
NOTICE OF CONTRACT AWARD
1. To: Contractor (Name, Address, Zip Code) 2. Date of Issue
3. Type of Contract
❑Service ❑Supply ❑Construction
4. Bid Opening Date
5. MPHA Contract No. 6. Date of Award 7. Total Amount of Award
Enclosed are two (2) copies of the Notice of Contract Award, Form of Contract, and Notice to Proceed for you to8 complete, execute, acknowledge and return to MPHA within ten (10) days. Return the two originaEs of each formexce t for the Notice of Contract Award. This does not constitute a Notice to Proceed.
9. A. FURNISH a separate Performance and Payment Bond, each for the full amount (100%) of thecontract price. Each Bond must have attached the Surety Agent's Power of Attorney showing it tobe in full force on the same date as the Bond. The date of the Bond must not be prior to the date ofthe contract. An improperly completed or facsimile or other copy of the Bond is not acceptable.Return one original of each Bond.
B. FURNISH a Certificate of Insurance for the amounts and types of coverage specified in the biddocuments and General Conditions, HUD Form 5370. MPHA MUST be named as an "additionalinsured" on both General and Automobile Liability policies. Each such policy of insurance
shall rovide 30 da s rior written notice to MPHA in the event of cancellation.
10. It is important you give careful attention to the details of the above stipulations so that MPHA may execute this
contract without delay and inconvenience to both parties. An executed contract will be returned to you contingentu on the com leteness and a royal of the above mentioned documents.
11. If you have any questions concerning the preparation of the contract documents, contact Larry Bruckner, at(612) 342-1469. Acknowledge your acceptance of this award and intent to enter into this contract by signing
and returning one original of this form to the MPHA Procurement Department, 1001 Washington Avenue North,
-
Minnea olis, Minnesota, 55401.
12 This Procurement: 13. Classification: ❑Small Business ❑Women-Owned
❑
advertised ❑Minority-Owned ❑Other❑
ne otiated
14. Contractor's acceptance.: MINNEAPOLIS PUBLIC HOUSING AUTHORITY
By:
SIGNATURE OF AUTHORIZED PERSON By:
CONTRACTING OFFICERTitle:
Date: Date:
REV 121701
MINNEAPOLIS PUBLIC HOUSING AUTHORITY
FORM OF CONTRACT
1. Date of Issue 2. MPHA Project No. 3. MPHA Contract No.
4. Name &Address of Contractor: 5. Check Appropriate Box
❑
Individual
❑
Partnership
❑ Joint Venture
❑ Corporation organized andexisting under the laws of theState of Minnesota
6. The above stated, hereinafter "Contractor" and Minneapolis Public Housing Authority inand for the City of Minneapolis, Minnesota, hereinafter "MPHA", WITNESSETH: that theContractor and the MPHA for the consideration stated herein mutually agree as follows:
ARTICLE 1. Contract Documents: The Contract shall consist minimally of the following component parts: a. This Instrument,b. General Conditions HUD 5370, c. Special Conditions, d. Technical Specifications, e. Instructions to Bidders, HUD 5369, f. BidForms, g. Addenda, if any. This instrument, together with the other documents enumerated in this Article 1 and in the Bid SolicitationDocuments, which said other documents are as fully a part of the Contract as if attached or herein repeated, form the Contract. Inthe event that any provisions of any component part of the Contract conflicts with any provisions of any other component part, theprovision of the component part first enumerated in this, Article 1 shall govern, except as otherwise specifically stated. The variousprovisions in Addenda shall be construed in the order of preference of the component part of the Contract which each modified.
ARTICLE 2. SCOPE OF WORK: Contractor shall furnish and pay for all labor, materials, parts, tools, equipment,supervision, permits, bonds, insurance and services necessary to satisfactorily perform and complete all work requiredfor ,per Contract and Bid Documents for the total contract priceas stated below. Work to be com leted within da s from date of the Notice to Proceed.
7. Contract Price:
8. IN WITNESS WHEREOF, the parties have caused this instrument to be executed in two (2)on finals, effective on the da and ear MPHA's Contractin Officer si ns this instrument.
9. Contractor 10. ByLegal Counsel (as to form and execution)
(Name of Contractor) MINNEAPOLIS PUBLIC HOUSING AUTHORITYBy
11. By(Authorized Signature)Director of Finance Date
Title (type or print) 12. BY
Contracting Officer Date(Witness Above)
(Complete Certificate of Acknowledgement. See Reverse Side) Rev. 121701
CERTIFICATE OF ACKNOWLEDGMENT BY PARTNERSHIP
STATE OF ) SS On this day of , 20_
COUNTY OF _ ) before me, a Notary Pubiic within and for county, personally
appeared
to me known to be all of the Partners doing business under the Partnership name and style of and to meknown to be the persons described in and who executed the foregoing instrument, and acknowledged that theyexecuted the same as their own free act and deed.
My Commission Expires,
Signature of Notary
County, MN
CERTIFICATE OF ACKNOWLEDGMENT BY CORPORATION
STATE OF ) SS On this day of , 20 ,
COUNTY OF ) before me, a Notary Public within and for county, personallyappeared and to me personally known, who, beingduly sworn, did say that they are respectively the and theof ,the corporation named in the foregoing instrument, and that theseal affixed to said instrument was signed and sealed in behalf of said corporation by authority of its Board of
and said andacknowledged said instrument to be the free act and deed of said corporation.
My Commission Expires
Signature of Notary
County, MN
CERTIFICATE OF ACKNOWLEDGEMENT BY INDIVIDUAL
STATE OF ) SS On this day of , 20 ,
COUNTY OF ) before me, a Notary Public within and for county,appeared known to be the persondescribed in and who executed the foregoing instrument, and each severally acknowledgedexecuted the same as his/her own free act and deed.
My Commission Expires
Signature of Notary
County, MN
personally
that
MINNEAPOLIS PUBLIC HOUSING AUTHORITY
NOTICE TO PROCEED
1. Date of Issue 2. MPHA Project No. 3. MPHA Contract No.
4. Pursuant to the terms of your contract dated:
5. Contractor: 6. For:
7. Project Address
8. Contractors Start Date:
9. Contract Completion Date On or Before: 10. Final Completion Date:
120 days from date of Notice to Proceed -
11. MPHA Contract Administrator:
12. The Contract Administrator is duly authorized to administer your contract for, and in the name of, the Minneapolis
Public Housin Authorit in and for the Cit of Minnea olis MPHA .
13. Enclosed is your executed copy of the Contract. If additional information is needed, notify the Contract Administrator.
14. Acknowledge receipt of this Notice to Proceed by 15. NOTICE TO CONTRACTOR
signing and dating below. Return the . Contractor shall, on a weekly basis, submitduplicate originals promptly to: payroll records electronically utilizing LCP
MINNEAPOLIS PUBLIC HOUSING AUTHORITYTracker. MPHA will not make any paymentunder this Contract unless and until it has received
ATTN: Larry Bruckner certification from the Contractor that suchProcurement Department Contractor and each of its subcontractors have1001 Washington Avenue North made payment to each class of employees inMinneapolis, MN 55401 compliance with the provisions of the General
Conditions, Labor Standards, HUD Form 5370, asapplicable.
16. Accepted by authorized person 17. Minneapolis Public Housing Authority
(Signature)By
CONTRACTWG OFFICER
(Title)
Date
(Name of Firm)
Date
ACORD,~ ~ERTIFICATi E OF LIABILITY INSU~NCE °ATo4~27iosPRoouceR THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIOiV
ONLY• AND CONFERS NO RIGHTS UPON THE CERTIFICATEHOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND ORALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE NAIC #
INSURED INSURERA:
INSURER B:
INSURER C:
INSURER D;
INSURER E:
l'V Y CRl1V GJ
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN 15SUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF HNY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS.CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR DD' pOUCYNUMBERPOLICYEFFECTNE POLICY EXPIRATION ~ LIMITS
A
GENERALLIABWTY
~X COMMERCIAL GENERAL LIABILITY
CLAIMS MADE ~ OCCUR'
EACH OCCURRENCE 3 ~ 5OO OOO
PREM SES~Ea occuence $
MED DCP (My ane person) ~ ~ Q Q~Q
SONALBADVINJURY ~ ~ 5OO OO.O
ERALAGGREGATE 3 ~ 5OO OOO
ODUCTS-COMP/OPAGGGEN'LAG~REGATELIMfTAPPLIESPER:
b ~ 5OO OOO
POLICY PRA LOC
AAUTOMOBILE LIABILRY
ANYAUTO
COMBINED SINGLE LIMIT(Eaacc(dent) ~
~ 1 OOO OOO~ ~X
BODILY INJURY(Per person)
~ALLOWNEDAUTOS ~
SCHEDULED AUTOS
X BODILY INJURY(Peraccident)
$HIRED AUTOS
NON-OWNED AUTOS
~
X
PROPERTY DAMAGE(Per accident)
s
GARAGE LIABILITYAUTOONLY-EAACCIDENT S
OTHERTFIAN +ACC
AUTO ONLY: AGG
SANYAUTO$
EXCESSIUMBREILA LIABILITY EACH OCCURRENCE $
AGGREGATE SB X OCCUR ~ CLAIMSMADE
5
SDEDUCTIBLE
5RETENTION S
CWORKERS COMPENSATION ANDEMPLOYERS'LIABILITY
_ X TORSLAT~US OEH-
E.L. EACH ACCIDENT s Must HaveANY PROPRIETOR/PARTNER/IXECUTIVEOFFICER/MEMBERIXCIUDED7 E.L. DISEASE-EA EMPLOYEE $ 1Norkers
.DISEASE-POLICY LIMIT ~ C~(ptfyes,describeunderSPECIAL PROVISIONS below
OTHER
DESCRIP710NOFOPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL VISIONS
MINNEAPOLIS PUBLIC HOUSING AUTHORITY (MPHA) IS A NAMED ADDITIONAL INSURED
FOR GENERAL LIABILITY AND AUTOMOBILE LIABILITY AS THEIR INTERESTS MAY APPEAR.
tK
Minneapolis Public Housing Authority100 Washington Ave. N.Minneapolis, MN .55401Attn: Larry Bruckner
~I/'11\ V LLLI"11 Iv~~
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE IXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3O pAYS N~RR"TEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGA77ON OR LIABILITY OF ANY I4ND 11PON THE INSURER, RS AGENTS OR
REPRESENTATNES.
AUTHORIZEDREPRESENTATNE
ACORD 25 (2001/08) `="""""' ""'.` ""^""," '''""
MINNEAPOLIS PUBLIC HO USING A UTHORITY
- --; PERFORMANCE BOND;>
BOND NO. MPHA Contract #PH-
KNOW ALL BY THESE PRESENTS that+: - ___ _ ' __; '_ (Name and Address of Legal Title of Contractor) .,
-- - .. --> as Pnnc~pa~; hereinafter :- .called Contractor, and Bonding Company, a corporation duly organized under the laws of the State of ~'~' F "; as Surety;
- -- _ _hereinafter call Suety; are held and firmly.bound unto_State as Obligee; in the. amount of; ;
"- - -- Dollars .. (~ )for the payment whereof Contractor and Suretybind themselves their heirs; executors;. adcmnistrators, successors, and assigns, joinfly,and severally; firmly by these presents ;_,
~,.~~=WHEREAS, Contractor has by wntEen agreement dated' ~ ', 20 `,'entered into a contract with the
Minneapolis Pubtc Housing Authority in and for the City} of NLnneapolis, a Body politic'and corporate, State of Minnesota, hereinafter calledivIPHA, for ~ - _ _ - _ .._ . _ : _:
. (Project Description and Project Number) - _ _ _in accordancewith the drawings and specifications prepared by_ - `_4 (I•rame of Architect) ... ----_ .. .; _ _ ,which contract is by Feference made a part hereof referred to as the Contract.
..~: r~_~ _ r: ,. , .~ _.- .- ._ .. .NOW; THEREFORE TAE CONDITIONS OF THIS OBLIGATION is such that tf Contractor shall promptly and faithfully
.perform said Contract then this obligation shall be null and void; otherwise it shall remain in full force and effect. _The Suety hereby waivesnotice of an alteration of extension of time made b th ~ 'y y . e MPHA and its obligation is not affected,by amp such alteration.or extension providedthe same is within the scope of the contract.--Whenever Con~ractoi shall be, and is`declared by MPHA to be in defaulfunder.the Contract, theMPHA having perfotined IvIPHA's obliga~ions'thereunder, the Surety may promptly remedy the' default or shall promptly: -.y
1). Complete the Contract in`accordance"with'its terms"and condihons,'oc` - °''
2). Obtatn a~bid or bids for completing.the Contracf in accordance with its terms. and conditions, and_upon'determination~ by the MPHA and theSurety joinfly of the lowest responsive, responsible bidder, arrange for a contract between such bidder and the MPHA' and make available. .:as work progresses (even though there should be a default or succession of defaults under the contract or contracts of completion arrangedunderthis paragraph)" sufficient funds to pay tfie cost of completion less the balance of the contract price; but not exceeding, including othercosts and damages for which the Surety may be liable hereunder, the amount set forth in the lint paragraph hereof. The term "balance of thecontract price," as used in this paragraph, shall mean the totallamount,payable by State to Contractor. under the Contract and anyamendments thereto, less the amount propeity paid by State to Contractor.- No right of action~"shalt accrue on this bond to or for the use ofany person or corporafion other than the MPHA or successors of the MPHA.
- .t~t
~..1 i
..,.
IN WITNESS WHEREOF, this instrument is executed tWs ' =- day,of ~ • ~- ~ - ~ - - - ": , 2p
-•~ ~. -.,
Executed in Presenceof:. _ - ~ —J----- ~-- - - .-t--- _ ,. ~ (SEAL)
CONTR.ACTORNAME
_VJITNESSAS.TO PRINCIPAL----- --.~ ._.__u_ -_.~~„ ~ -
TITLE
PRINCIPAL
(SEAL)_ SURETY COMPANY NAME — -, ~ _i ~ : ''.'_ ;_: '_~
,~ ; WITNESS AS TO SURETY " ._...- - -- -.--- .._ .- ---ATTORNEY-IN-FACT- --
7460.8 REV-1 12/22/98
~` `__ --~ - - - ---, FORM OF PERFORMANCE BOND `~Page 2
- — _ - '-'' c(Power-of -Attorney of person signing for Surety Company must be attached - - ~ - . jand certified to as in effect on date of bond acknowledgement by Surety) -
,~ - -=CERTIFICATE OF ACKNOWLEDGEMENT OF CORPORATE S_~ .__ _ _ ---- - IIRETY
.STATE OF, , -; ) : -- -_ - -- --.., ..COUNTY OF - -
----.., ~: _ ) ss'~<: ,` On this ~ : -day of ~4 ; . _ :.20- _ .- ; ,
before me a Not Public within and for said county; personally,appeared'- `~ ~ ~' ~ ' --'and--- - - ~'>~ = ~ ~ -- ~ '~ ; to me personally known, who, being by me duly sworn did say that they are
_ respectively''the ;: ~ r, ~ - `and the ~ . - o f. <~ .._ _ . _ _ _ -
the corporation named in the foregoing instrument, and that the seal_affixed to said_instrument is the corporate seal of~said corporation; and that said instrument was signed and. sealed in behalf of said corporation by authority. of rts. Board 'of "- ~ `- ` ~' and said ~~' acknowledges said instii~ment to the free act and deed of "said coiporation: ~_ .
-_.- - _ - <--- - - - ----- - -- ._ . _~
_=; -. Notary Public, County.. - -.
. CERTIF`ICATE OF ACKNOWLEDGEMENT BY CORPORATION "-STATE OFD<. c: ,~ - ) =- , . ,c~:t _ F _ '3__ , r..
~:; .•< COUNTYOF~ .-._. __ .: ~~..' )ss ;'- , .Ontlus day of ~ ~ _ _ t T'20
_ before me; a Notary Public within and for said county, personally appeared - ~ 'andto me personally known, who, being by me duly sworn; did say that they arerespectively _
the ~ 'and the . _ . ~'' o f
..the corporation named in the foregoing instrument, and that the seal affixed-to said instrument is the corporate seal of "~said corporation,. and that.said instniment was signed and sealed in behalf of said corporation by authority of its Boardt - ~..::of - ......: :..: ..~ :,and said , . , „ :- _ - _acknowledges said instrament to the free act'arid deed of said r
r,- - -~ .._ 1~~ _., x rt =~ _ - ~ - ~ Notary Public, County
_ . . , -,..
CERTIFICATE OF ACKNOWLEDGEMENT BY PARTNERSHIP...... , ... _ _ ;.. ::
- _ .. .. r.
STATE'OF ) ~ ~ _ _
COiTNTY OE ) ss On this day of , 20~,.,_before, me, a Notary Public within and for said county; personally_appeared .~ ; ;: -~. ~ ~ ~ ~' -` ~ =and ''
— -- - ' - - -- - - — -- - - , to me personally known to be all of the .Partners doing business under the Partnership name and style of
_::who, being by me duly~swom,_who exeouted the foregoing_instniment and acknowledge tfiat the seal affixed to said, .inshument is the seal of said p`artners3up, and tlat said instniment was signed and sealed in behalf of said partnershipand said partners acknowledge said instrument to the free act and deed of said partnership.
.' . Notary Public, County
- - _ --_.. .
CERTIFICATE OF ACKNOWLEDGEMENT BY IlVDIVIDUAL
STATE OFCOUNTY OF -~ - ~ '- `)'ss _ On this day of , 20before me, a Notary Public within and for said county, personally-appeared - , to me-known to be the person -- - - - - _ ~ - - described in and'~vho executed the foregoinginstrument and acknowledges to me that he/she executed the same as his/her own free act and deed.
Notary Public, County
MINNEAPOLIS PUBLICHOUSING AUTHORITY
LABOR AND MATERIAL PAYMENT BOND
BOND NO.as Principal, hereinafter
(Name and Address or Legal Title of Contractor)
Principal, and Bonding Company, a corporation duly organized under the laws of the State of , as
Obligee, the Minneapolis Public Housing Authority in and for the City of Minneapolis, a body politic and corporate, State of
Minnesota, hereinafter MPHA, for the use and benefit of claimants as hereinbelow defined, in the amount of
Dollars...($ ), for the payment Principal and Surety bind themselves, their heirs, executors,
administrators, successors and assigns, jointly and severally.Principal by written agreement dated , 20 ,entered into a contract with the MPHA
for(Project Description and Project Number)
If Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or
reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full
force and effect, subject to the following conditions:
1) A claimant is defined as one having a direct contract with the Principal or with a Subcontractor of the Principal for labor,
material, or both, used or reasonably required for use in the performance of the Contract, labor and material being construed
to include that part of water, gas, power, light, heat, off, gasoline, telephone service, or rental of equipment directly
applicable to the Contract.2) The above-named Principal and Surety hereby j ointly and severally agree with the MPHA that every claimant as herein
defined, who has not been paid in full before the expiration of a period of ninety.(90) days after the date on which the last of
such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond
for the use of such claimant, prosecute the suit to final judgement for such sum or sums as maybe justly due claimant, and
have execution thereon. The State shall not be liable for the payment of any costs or expenses of any such suit.
3) No suit or action shall be commenced hereinunder by any claimant:
a) Unless claimant, other than one have a direct contract with the Principal, shall have given written notice to any two of
the following: the Principal, the MPHA, or the Surety above named, within ninety (90) days after such claimant did or
furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and
the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed.
Such notice shall be personally served or served by mailing the same by registered mail or certified mail, postage
prepaid, in an envelope addressed to the Principal at any place the Principal maintains an office or conducts its business.
b) After the expiration of one (1) year following the date on which the last of the labor was performed or material was
supplied by the party bringing suit.c) Other than in a court of competent jurisdiction for the county or district in which the construction contract was to be
performed.4) The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereinunder,
inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or
not claim for the amount, of such then be presented under and against this bond.
IN WITNESS WHEREOF, this instrument is executed this day of , 2~
EXECUTED IN PRESENCE OF: (SEAL)CONTRACTOR NAME
BYWITNESS AS TO PRINCIPAL PRINCIPAL
TITLE
(SEAL)
WITNESS AS TO SURETY SURETY COMPANY NAME- By
ATTORNEY-IN-FACT
LAI30R AND MATERIALS PAYMCNT BONDPage 2
The rote of premium on this Bond is $ per thousand. Total unto~in.t ofyremium. is ,$
(Power-of Attorney ofperson signing for Surety Conipan}~ MUST be attached and certified to us in. effecf o». the dafe of bond
uek».oivledgement by Surety Company).
CERTIFICATE OF ACKNOWLEDGEMENT OF CORPORATE SURETY
STATE OF ~
~ _ - ~.COUNTY OF ) ss ~ On tlus day of , 2~
-before me, a Notary Public for tl~e county, personally appeared Attomey~S~-lll-F~Ct Of
to me personally known; who, being by me duly s~vorn, slid sty that they resides) in
,that he is (are) the Attomey(s)-in-Fact of ,the company
described in and which executed the foregoing instrument; that'he knows) the corporate seal of such Goiupan} ;and that the seal
affixed to the within inshument is such corporate seal and that it was affixed b~~ order of the Board of Du•ectors of said Company,
and that he signed said insfniment as Attorneys)-in-Fact of the said Compiny by like order: .
' ' " Notary Public, County
My Commission Expires
~- CERTIFICATE OF ACKNOWLEDGEMENT OF CORPORATION
STATE OF _ ) .. ... . ",
COUNTY OF ~) ss - On this - dap of , 20
before nie, a Notuy Public for the county, personally appeued _ - wd
to ine personally known, who, being by me duly sworn, did siy that they Ire respectively the 2nd the
of ,the corporation nwizd in the foregoing instniment,
The se11 afFixed to the instrument is the corporate seal of thz corporation, and thlt the instrument was signed and sealed in behllf of
the corporation by authority. of its Board of ~- and the lclaiow~ledges the instillment
to the free act' and deed of the corporation,
~~ ~ ~ ~ Notary Public, Cotmty
My Couuuission Expu~es
'CERTIFICATE OF ACKNOWLEDGEMENT BY PARTI~IERSHIP
STATE OF ,_ .)
COUNTY OF ) ss ~ On this day of, ~ , 2U
before me, a Notary Public for t3ie county, personally appeared ~ ~~1to me pai•sonally known to be 111 of the Partners doing business under the
Partnership name of ,who; beuig by me duly s~vonl, ~vho executed the
foregoing instrlunent and acknowledge that the seal'affixed to the instrument is the seal of the p~utnerslup; raid tli2t the instniment
~v~s signed wd sealed in behalf of the partnzrship and the partners ackno~~ledge flee instniment tb the free act and deed of the
partnersluP, .. _
-~ - Not~uyPublic, Count~~ _ -My Conunission E~pu•es
.CERTIFICATE OF ACKNOWLEDGEMENT BY INDNIDUAL
STATE OF ~ -
COUNTY OF ~ ) ss On this d1y of ~, 20
before me, a Notary Public for the county, personally appea~•ed , to me known to Ue the
person - ~ described in and who executed the foregoing instnunent aid aclaiowled~es
fo nie that he/she e:~ecuted the s~une as lusher own free act and deed.
Not~~y Public, COLlllt}~_ My Conunission Expires
-. MINNEAPOLIS PUBLIC HOUSING AUTHORITY
INSTRUCTIONS FOR PREPARATION OFSEPARATE PERFORMANCE AND PAY1I~+NT BONDS ~ ~ ~ .
1. Provide MPHA~with separate Performance and Payment Bonds, each in an~amount of not less than the fullamount of the contract price' (100 %).on forms similar to the attached sample Performance and Payment Bond
.. forms. ~ .
2.. Obtain bonds only from guarantee or surety companies acceptable to the U.S. Government and authorized to do. bnsinessin Minnesota (reference U.S. Treasury C~rcnlar No: 570). Individual sureties,-partnerships or
corporations not in the surety business will noE be acceptable.
3. The name of the Principal shall be shown ezactly as it appears in the contract.
4. Ttie penal sum of each bond shall be not less than the full contract price as specified.
5. If the Principals are partners ~or joint ventures, each member shall ezecute each bond as an individual, with hisplace of residence shown. ~ ~.
6. If the Principal is a corporafion, each bond shall be executed under its corporate seal. If the corporation has nocorporate seal, the fact shall be stated, in vPhich.case a scroll or adhesive sear. shaIl be af~ed following thecorporate name. ~ ~ '.
7. The official character and authority of the persons) ezecnting each bond for the Principal, if a corporation, shall .be certified by.the secretary or assistant secretary under the corporate seal, or there maybe attached copies of somuch of the~records of the corporation as will evidence the"official character and antfiorify of the officer stoning,duly certified by the secretary' or assistant secretary, under the corporate seal, fo be true copies. -
8.. The current "Power-of-Attorney" of the persons) stoning for the Surety Company must be attached to each_ -bond. _ ~ - ~ ~ _
9. The date'of each bond must not be prior to.the date of the conirac~. '" ' "
10. The foIlowing information must be placed on each bond by the surety company:
a. ~ The rate of premium in dollars per thousand; andb. The total dollar amount of premium charged. ~ .
11. The signature of a witness shall appear in the appropriate place, attesting to the signature of each party to thebonds.
12. Type or print the.name underneath~each si~natnre appearing on each bond.
13. An executed copy of each bond must be atEached to each copy of the contract (original, counterpart) intended forstoning•
CAUTION: Eztreme care must be taken in preparing the bonds) so that a portion of the tent of the body of theinstrument appears on the same page as the signatures of the Principal and his surety, or the signatures may be placed onthe reverse of a page containing ~egt. In addition, the continuity from page to page must be clearly evident.
Minneapolis Public Housing AuthorityContractor Sales Tax Documentation
This form must be completed by the firm actually purchasing products.and/or materials used on/for a project for Minneapolis Public Housin4Authority:
Name of Firm;
Minnesota Identification #
Address;
City/ State:
Zip. Code: Phone; Fax
MPHA Contract Number
MPHA Purchase /Implementing Order Number
'Purchase Period: Start Date:
Brief Description of Purchasing Activity:
End Date:
Enter the amount of Sales and/or Use Tax paid on the taxable amount of: $_
Minnesota: $ Minneapolis: $ St Paul: $
Rochester: $ Mankato: $ ~ Other: $
Use Tax: $
I (We) declare under penalties of criminal liability for willfully making a false report that this report hasbeen examined and to the best of my (our) knowledge is true and complete. I (We) have and will retainreceipts and documentation in our files that will be made available to the MPHA upon request to serve asdocumentation verifying the representations made above.
Name: ~ Title:
Signature: Date:
This form must be returned with all contract payment invoices
http ://www.wdol. gov/wdoUscafiles/davisb acon/MN3 6. dvb?~ 1
General Decision Number: MN150036 03/27/2015 MN36
Superseded General Decision Number: MN20140036
State: Minnesota
Construction Type: Building
County: Hennepin County in Minnesota.
BUILDING CONSTRUCTION PROJECTS (does not include single family
homes or apartments up to and including 4 stories).
Note: Executive Order (EO) 13658 establishes an hourly minimum
wage of $10.10 for 2015 that applies to all contracts subject
to the Davis-Bacon Act for which the solicitation is issued on
or after January 1, 2015. If this contract is covered by the
EO, the contractor must pay all workers in any classification
listed on this wage determination at least $10.10 (or the
applicable wage rate listed on this wage determination, if it
is higher) for all hours spent performing on the contract. The
EO minimum wage rate will be adjusted annually. Additional
information on contractor requirements and worker protections
under the EO is available at www.dol.gov/whd/govcontracts.
Modification Number Publication Date
0 01/02/2015
1 03/27/2015
ASBE0034-009 06/01/2014
Rates Fringes
ASBESTOS WORKER/HEAT & FROST
INSULATOR (Includes
application of all insulating ~
materials, protective
coverings, coatings &
finishes to all types of
mechanical systems) ..............$ 41.30 19.83
BOIL0647-007 01/01/2013
Rates Fringes
BOILERMAKER ......................$ 32.40 25.37
-------=--------------------------------------------------------
s~sr000i-o4~ os/oi/zoi4
Rates Fringes
BRICKLAYER .......................$ 35.38 17.17
----------------------------------------------------------------
BRMN0001-049 05/01/2014
Rates Fringes
TILE SETTER ......................$ 29.28 19.67
----------------------------------------------------------------
CARP0068-002 06/01/2009
Rates Fringes
LATHER ...........................$ 33.04 14.87
----------------------------------------------------------------
of 7 4/1/2015 4:56 PM
http://www.wdol.gov/wdoUscafiles/davisbacon/MN36.dvb?v=1
CARP0322-004 05/01/2009
Rates Fringes
CARPENTER (Including
Acoustical Installation,
Drywall Hanging & Form Work)
Non Wood Frame Construction.$ 31,79 16.10
Wood Frame Construction.....$ 28.83 8.92
----------------------------------------------------------------
ELECO110-002 07/01/2013
Rates Fringes
ELECTRICIAN (Low Voltage,
including wiring for Alarms).....$ 23.91 10.15+a,b
FOOTTIOTES
a. 1 year service - 5 days paid vacation; 2 years service -
10 days paid vacation; 5 years service - 12 days paid
vacation; 7 years service - 14 days paid vacation; 9 years
service - 16 days paid vacation; 11 years service - 18 days
paid vacation; 12 years service - 20 days paid vacation
b. 8 Paid Holidays: New Year's Day; Memorial Day; 4th of
July; Labor Day; Thanksgiving Day; Day after Thanksgiving;
the normal work day preceding Christmas Day; & Christmas Day
----------------------------------------------------------------
ELECO292-011 05/01/2014
Rates Fringes
ELECTRICIAN ......................$ 36.53 26.08
----------------------------------------------------------------
* ELEV0009-002 O1/O1/20151
Rates Fringes
ELEVATOR MECHANIC ................$ 44.93 28.385
FOOTNOTE:
PAID VACATION: Employer contributes 8% of regular hourly
rate as vacation pay credit for employees with more than 5
years of service, and 6% for 6 months to 5 years of service.
PAID HOLIDAYS: New Years Day, Memorial Day, Independence Day,
Labor Day, Veterans Day, Thanksgiving Day, Friday after
Thanksgiving, and Christmas Day.
----------------------------------------------------------------
ENGI0049-042 05/01/2014
Rates Fringes
OPERATOR: Power Equipment
GROUP 1 .....................$ 36.94 16.45
GROUP 2 .....................$ 36.60 16.45
GROUP 3 .....................$ 35.19 16.45
GROUP 4 .....................$ 34:85 16.45
GROUP 5 .....................$ 34.68 16.45
GROUP 6 .....................$ 33.17 16.45
GROUP 7 .....................$ 32.05 16.45
GROUP 8 .....................$ 30.04 16.45
POWER EQUIPMENT OPERATOR CLASSIFICATIONS
2 of 7 4/1/2015 4:56 PM
http://www.wdol. gov/wdoUscafiles/davisbacon/MN3 6, dvb?v=1
GROUP 1; Truck & Crawler Crane with 200' of Boom & Over,
including Jib ($.50 premium with 300' of~Boom & over,
including jib); & Tower Crane 250' & Over.
GROUP 2: Truck & Crawler Crane with 150' of Boom, up to but
not including 200' of Boom, including Jib; & Tower Crane
200' & Over.
GROUP 3: Traveling Tower Crane; Truck & Crawler Crane, up to
but not including~150' of Boom, including Jib; Tower Crane
(Stationary) up to 200'; All-Terrain Vehicle Crane, Boom
Truck over 100 ft, Dragline.
GROUP 4: Backhoe/Track/Trackhoe, Hoist (3 drums or more);
Overhead Crane (inside building perimeter), Excavator,i
GROUP 5: Asphalt Spreader, Bulldozer, Curb Machine, Drill,
Forklift, Compressor 450 CFM or over (2 or more machines);
Boom Truck up to 100 ft, Loader over 1 cu yd, Hoist (1 or
2 drums); Mechanic, Milling Machine, Roller, Scraper,
Tractor over D2.
GROUP 6; Bobcat/Skid Loader, Loader up to 1 cu, yd., Tractor
D2 or similar size.
GROUP 7: Compressor 600 CFM or over, Crane Oiler, Self
Propelled Vibrating Packer.
GROUP 8: Oiler, Greaser (Tractor/Truck).
----------------------------------------------------------------
IRON0512-002 06/09/2013
Rates Fringes
IRONWORKER, ORNAMENTAL,
REINFORCING, AND STRUCTURAL......$ 34.15 22.05
----------------------------------------------------------------
LAB00563-006 05/01/2012
Rates Fringes'
LABORER
Group 1 .....................$ 28.46 15.82
Group 2 .....................$ 28.96 15.82
LABORERS CLASSIFICATIONS
GROUP 1 - Common or General Laborer, Asphalt Raker, Asphalt
Shoveler, Carpenter Tender, Concrete Saw, Form Stripping,
Mason Tender (Brick, Cement/Concrete), Plaster Tender,
Scaffold Builder (Brick and Masonry), Top Person, Vibrating
Plate
GROUP 2 - Pipelayer, Bottom Person
----------------------------------------------------------------
LAB00563-007 01/01/2012
Rates Fringes
LABORER (ASBESTOS ABATEMENT)
Removal from Floors, Walls
& Ceilings ..................$ 27.33 14.94
----------------------------------------------------------------
PAIN0386-001 05/01/2012
3 of 7 4/1/2015 4:56 PM
http:Uwww.wdol, gov/wdoUscafiles/davisbacon/MN3 6.dvb?v=1
Rates Fringes
Drywall
Finisher/Taper ..............$ 30.17 18.67
----------------------------------------------------------------
PAIN0386-012 05/01/2014
Rates Fringes
Painters:
Brush & Roller ..............$ 32.88 18.46
Spray .......................$ 32.88 18.46
----------------------------------------------------------------
PAIN1324-006 06/01/2012
Rates Fringes
GLAZIER ..........................$ 35.69 13.95
----------------------------------------------------------------
PLAS0265-005 06/01/2014
Rates Fringes
PLASTERER ........................$ 30.02 19.62
----------------------------------------------------------------
PLAS0633-054 05/01/2012
Rates Fringes
CEMENT MASON~CONCRETE FINISHER...$ 32.39 16.60
----------------------------------------------------------------
PLUM0015-011 05/01/2014
Rates Fringes
PLUMBER (Excluding HVAC Pipe
Installation) ....................$ 31.11 20.17
FOOTNOTE:
Paid Holiday: Labor Day ----------------------------------------------------------------
PLUM0417-003 06/01/2013
Rates Fringes
SPRINKLER FITTER (Fire)..........$ 40.08 21.00
FOOTNOTE:
Paid Holidays: Memorial Day; July 4th; Friday before Labor
Day; Labor Day; Columbus Day; & Thanksgiving Day
----------------------------------------------------------------
PLLiM0539-001 05/01/2012
Rates Fringes
PIPEFITTER (Including HVAC
Pipe Installation) ...............$ 36,52 25.21
----------------------------------------------------------------
ROOF0096-022 05/01/2014
Rates Fringes
ROOFER ...........................$ 35.06 14.68
FOOTNOTE: Paid Holiday - Labor
----------------------------------------------------------------
Day
4 of 7 4/1/2015 4:56 PM
SHEE0010-052 05/01/2009
http://www.wdol, gov/wdoUs cafiles/davisbacoi~/MN3 6, dvb?~ 1
Rates Fringes
SHEET METAL WORKER (Including
HVAC Duct and System
Installation) ....................$ 38.46 18.34
FOOTNOTE: Paid Holiday: Labor Day
----------------------------------------------------------------
TEAM0346-005 05/01/2014
Rates Fringes
TRUCK DRIVER
2-Axle Dump Truck...........$ 25.90 13.50
3-Axle Dump Truck...........$ 26.15 13.50
----------------------------------------------------------------
SUMN2009-045 07/27/2009
Rates Fringes
INSTALLER - SIGN .................$ 20.32 5.05
LABORER: Landscape ..............$ 12.88 4.61
----------------------------------------------------------------
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
- award only as provided in the labor standards contract clauses
(29CFR 5.5 (a) (1) (ii)).
The body of each wage determination lists the classification
and wage rates that have been found to be prevailing for the
cited type s) of construction in the area covered by the wage
determination. The classifications are listed in alphabetical
order of ~~identifiers" that indicate whether the particular
rate is a union rate (current union negotiated rate for local),
a survey rate (weighted average rate) or a union average rate
(weighted union average rate).
Union Rate Identifiers
A four letter classification abbreviation identifier enclosed
in dotted lines beginning with characters other than "SU" or
"UAVG" denotes that the union classification and rate were
prevailing for that classification in the survey. Example:
PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of
the union which prevailed in the survey for this ~
classification, which in this example would be Plumbers. .0198
indicates the local union number or district council number
where applicable, i.e., Plumbers Local 0198. The next number,
005 in the example, is an internal number used in processing
the wage determination. 07/01/2014 is the effective date of the
most current negotiated rate, which in this example is July 1,
2014.
S of 7 4/1/2015 4:56 PM
http://www.wdol. gov/wdoUscafiles/davisbacon/MN36.dvb?v=1
Union prevailing wage rates are updated to reflect all rate
changes in the collective bargaining agreement (CBA) governing
this classification and rate.
Survey Rate Identifiers
Classifications listed under the "SU" identifier indicate that
no one rate prevailed for this classification in the survey and
the published rate is derived by computing a weighted average
rate based on all the rates reported in the survey for that
classification. As this weighted average rate includes all
rates reported in the survey, it may include both union and
non-union rates. Example: SULA2012-007 5/13/2014. SU indicates
the rates are survey rates based on a weighted average
calculation of rates and are not majority rates. LA indicates
the State of Louisiana. 2012 is the year of survey on which
these classifications and rates are based. The next number, 007
in the example, is an internal number used in producing the
wage determination. 5/13/2014 indicates the survey completion
date for the classifications and rates under that identifier.
Survey wage rates are not updated and remain in effect until a
new survey is conducted.
Union Average Rate Identifiers
Classifications) listed under the UAVG identifier indicate
that no single majority rate prevailed for those
classifications; however, 100% of the data reported for the
classifications was union data. EXAMPLE: UAVG-OH-0010
08/29/2014. UAVG indicates that the rate is a weighted union
average rate. OH indicates the state. The next number, 0010 in
the example, is an internal number used in producing the wage
determination. 08/29/2014 indicates the survey completion date
for the classifications and rates under that identifier.
A UAVG rate will be updated once a year, usually in January of
each year, to reflect a weighted average of the current
negotiated/CBA rate of the union locals from which the rate is
based.
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can
be:
*. an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on
a wage determination matter
* a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the
Davis-Bacon survey program. If the response from this initial
contact is not satisfactory, then the process described in 2.)
and 3.) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the
Branch of Construction Wage Determinations. Write to:
6 of 7 4/1/2015 4:56 PM
http ://www.wdol, gov/wdoUsc afiles/davisbacon/MN3 6, dvb?~r 1
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1,8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the
interested party's position and by any information (wage
payment data, project description, area practice material,
etc.) that the requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4,) All decisions by the Administrative Review Board are final.
END OF GENERAL DECISION
~ a f ~ 4/1/2015 4:56 PM