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REQUEST FOR PROPOSALS RFP# HC2021-09

General Contractor Services

New City Plaza

Emily White

Purchasing Agent

Issued Date

04/27/2021

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CONFIDENTIALITY

This RFP is both confidential and proprietary to the Owner and Owner reserves the right to recall the RFP units entirety or in part. Recipients must not, and agree that they will not, duplicate, distribute or otherwise disseminate or make available this document or the information contained in it to a third party without the prior written consent of Owner. Recipients shall not include or reference this RFP or any other document (including without limitation drawings, sketches, renderings, photographs, or models), information, or communication provided or received by the recipient in connection with this RFP, in any publicity without prior written consent from Owner.

I. INTRODUCTION Housing Opportunities, Inc. is a 501(c)(3) nonprofit corporation wholly owned by The Housing Authority of the County of Salt Lake d/b/a Housing Connect (“HC”) and Housing Assistance Management Enterprise a 501(c)(3) nonprofit corporation wholly owned by the Housing Authority of Salt Lake City, (“HASLC”) collectively known as (“Party or Parties”) are undertaking a general contractor evaluation and selection process for the “New City Plaza” project, the heart of which is to create a unified development while rehabilitating and preserving the City Plaza and County High Rise buildings so that the existing population and future residents continue to have access to affordable, safe housing. New City Plaza New City Plaza involves the unification and rehabilitation of 299 units of affordable residential rental housing units, and its amenity spaces. This project will also include construction of a new addition consisting of 3,167 Square Feet that will support property management offices and allow connectivity between the two (2) towers for the senior and non-elderly disabled individuals that reside, or will reside, at the properties currently known as City Plaza and County High Rise. Together, these two buildings total approximately 246,300 square feet situated on 3.16 +/- acres of land.

City Plaza, owned by HASLC, is a seven-story structure built c. 1973 with features including a leasing office, community room, activities room, centralized laundry, and maintenance shop. City Plaza consists of 150 residential units (149 1-bedroom units and one 2-bedroom unit) currently operated as low-income senior housing located at 1992 South 200 East, Salt Lake City.

County High Rise, owned by HC, is a 16-story structure built c. 1973 with features including a leasing office, community room, activity room, laundry, and maintenance shop. County High Rise consists of 149 one-bedroom residential units currently operated as low-income senior and non-senior disabled housing located at 1966 South 200 East, Salt Lake City.

At this time, the two ownership entities each manage their own portions of the improvements. However, some facilities, such as the heating and cooling plant and the amenities are operated jointly. The Parties intend that the rehabilitation activities will be staged such that the buildings remain occupied throughout the renovation process. In anticipation of this, both Parties have stopped leasing to new tenants and anticipate that approximately 26 units will be vacant when construction commences.

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In late 2018, HASLC and HC were approved by the U.S. Department of Housing and Urban Development (“HUD”) to transform the 299 units at City Plaza and High Rise from a public housing platform to a Section 8 project-based platform under the Rental Assistance Demonstration (“RAD”) program which makes it possible to raise needed capital to rehabilitate deteriorating units and projects. The New City Plaza project received an allocation of 4% Private Activity Bonds/Low Income Housing Tax Credits (“LIHTC”) in January 2020 and has selected a LIHTC equity investor. The Parties are also pursuing FHA multifamily mortgage insurance under Section 221(d)(4) of the National Housing Act, as amended. See HUD’s Website at https://www.hud.gov/RAD for more information about the RAD program. As the units will be occupied by either RAD Section 8 Vouchers or Tenant Protection Vouchers holders, New City Plaza will require relocation efforts. City Plaza/High Rise plan sets forth the policies and procedures to be utilized by both entities for short-term relocation of its residents. The Relocation Plan adheres to the provision set forth in the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and HUD Notice PIH 2014-17. This plan will ensure that displacement of residents will not differentiate the treatment of households based on race, nationality, color, religion, national origin, sex, sexual orientation, marital status, familial status, disability, or any other basis protected by the federal Fair Housing Amendments Act, the Americans with Disabilities Act, Title VI of the Civil Rights Act of 1964, Title VII of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, as well as any otherwise arbitrary, or unlawful discrimination. 90% Complete Construction Documents Bidders shall use Construction Documents at the 90% completion level prepared by the project’s architect (ej Architecture, pllc.) when preparing their bid for the New City Plaza project. The bid shall include all added alternates included in the current design. Bidders will be expected, by virtue of their prior experience with similar projects, to anticipate the development of the drawings to 100% construction documents and include all costs and scope that will be necessary for a completed project of a high standard of quality. The work will be contracted by the LIHTC Partner, New City Plaza Partners, LLC. Bidders are strongly encouraged to carefully review the Construction Design Drawings, the Project Manual, and all other documents before responding. Variance from the budget pricing provided after initial selection may be grounds for removal from the project at the HC’s sole discretion in its role as Developer. However, Developer will give consideration to current economics and costing trends within our community when considering the exercise of such discretion. II. PURPOSE The purpose of this Request for Proposals (“RFP”) is to solicit responses from qualified general contractors to furnish general contractor services for New City Plaza. The Parties will be seeking written proposals from qualified GC firms for the construction and rehabilitation of 299-units, its amenities spaces and the construction additions. Proposals are requested from GC firms with direct demonstrated expertise in constructing/rehabbing High Rise and Mid-Rise Senior housing particularly developments with mix of public, private and FHA 221 (d) (4) financing. The selection and review process will result in awarding a contract to a qualified “General Contractor” or “GC” with whom to execute a contract to perform the services.

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All work and services will be implemented in accordance with the rules and regulations of the HUD RAD program, the HUD Multifamily Accelerated Processing (MAP) Guide, the State of Utah Federal and State Housing Credit Program Allocation Plan (“QAP”), Federal Procurement Regulation 24 CFR 85.36, HC procurement policy, and all other applicable programs, regulations, policies, and experience with Davis-Bacon regulations and State Prevailing Wage requirements. Requirements Contractor must have extensive previous experience with similar substantial rehabilitation projects involving affordable housing. Applicants should also have demonstrated experience with RAD, HUD, and the Utah Housing Corporation (“UHC”), as well as with regulations and requirements relating to LIHTC and FHA multifamily mortgage insurance. Contractors must:

1. Have been in business for a minimum of five years without any official unresolved record of complaints registered or filed with regulatory agencies including the Utah Attorney General. Contractors cannot be on the HUD Office of Inspector General or Utah State Exclusion or Disbarment list nor have any histories of or pending lawsuits involving the HC or HASLC or any other housing authority or public entity, in Utah State or other any jurisdiction throughout the United States.

2. During the past five years, have successfully completed, on time and within budget, a minimum of three substantial rehabilitation projects of similar size and scope including timely performance within costs to the proposed New City Plaza, with experience that includes high-rise renovations and tenant-in-place rehabilitation.

3. Possess cogent knowledge of HUD and UHC housing laws, regulations, and performance standards.

4. Demonstrate the financial capability and capacity to undertake the New City Plaza project, including an adjusted working capital position exceeding 5% of estimated construction contracts in place, the ability to provide 100% payment and performance bonds, and the ability to meet minimum insurance requirements.

5. Indicate an understanding of, and willingness to comply with, the various requirements contained in the RFP process, including providing a bid guarantee equivalent to five percent of the bid price.

6. Describe the project team, identifying the roles, responsibilities, and authority of key members. Note whether they will be on- or off-site.

Cost Estimate and Proposed Fees:

1. Based on the design and specification documents produced by the Architect, the GC shall

research and prepare a cost estimate at 90% of the construction documents.

2. The GC shall prepare and competitively offer for bid subcontract packages for the performance of all construction work necessary to construction and rehab New City

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Plaza. The GC shall administer the bidding process in accordance with the approved subcontracting plan conducting all bidding, evaluation bids, making recommendation to the developer and team, awarding contracts and preparing subcontracts. The Subcontracts shall include all necessary provisions to ensure that the GC is the sole manager of the Subcontracts and also comply with the Parties Contract Requirements including, but not limited to: Davis-Bacon wage requirements; Equal Employment Opportunities (“EEO”) requirements; utilization of Women and Minority Business Enterprises (“WMBE”).

3. Provide Cost Analysis data for self-performed work: In developing the bidding result, the GC

shall provide Parties with a detailed cost data for any work to be self-performed by the GC and

any work for which only one responsible bid was received. Such detailed information shall

include: but not be limited to, the same data requirement for Change Order.

4. All costs associated with the GC’s Services are to be included in a lump-sum price in the

proposal, and shall include General Conditions, as proposed by the GC in its proposal, and shall

be incorporated into the Contract.

5. All proposed fees shall be consistent with HUD Federal Safe Harbor Standards.

The Parties intend to retain the successful Bidder pursuant to a “Best Value” basis, not a “Low Bid” basis.

III. CONTRACT TERM

The Parties desire to execute the New City Plaza transaction and start construction as soon as possible after receiving the necessary approvals from HUD for the RAD transaction and the FHA-insured financing. As there is considerable uncertainty regarding the timing of these HUD approvals, proposals shall remain open for nine (9) months after the proposal opening per section V in order to accomidate the envisioned Q1 2022 transactional closing. The Parties have previously estimated that the renovation process would take approximately 12 to 14 months but will request detailed project schedules from Bidders. The GC shall develop a final schedule for construction that shall confirm to the Parties requirements.

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IV. RESPONSE TIMELINE

RFP Timeline at a Glance

PROCUREMENT SCHEDULE

New City Plaza Apartments

Event Date Time Place

RFP2021- GC Services Available

April 27, 2021

4:00 AM Housing Connect 3595 South Main St. Salt Lake City, Utah 84115

Mandatory Pre-submittal Meeting

May 10, 20201

10:00 AM Zoom Meeting Contact Emily Whittle at ewhittle@housingconnect.org

Last Day to Submit Questions May 13, 2021

3:00 PM Emily Whittle E-mail ewhittle@housingconnect.org (O) 801-284-4446

Addendum Deadline (exception for bid delays)

May 17, 2021 3:00 PM Housing Connect 3595 South Main St. Salt Lake City, Utah 84115

References, Management Plans, Statements of Qualifications, Termination of Debarment Certifications and Cost Proposal

May 20, 2021 3:00 PM Housing Connect Attn: Emily Whittle 3595 South Main St. Salt Lake City, Utah 84115

Short Listing by Selection Committee, if applicable; and Interviews.

May 24 - 27, 2021

3:00 PM Housing Connect Zoom Meeting.

Board/ Announcement June 8, 2021 TBA Housing Connect & HASLC

V. PROPOSAL CONDITIONS

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A. Authorized Signatures All proposals must be signed by an individual authorized to bind the Proposer to the provisions of the RFP. B. Term of Offer Proposals shall remain open, valid, and subject to acceptance anytime within nine (9) months after the proposal opening. We understand there could be price escalations within that time frame and will work with the successful contractor to mitigate any cost increases in materials after selection is made. C. Required Review Proposers should carefully review this solicitation for defects and questionable or objectionable material. Comments concerning defects and objectionable material must be made in writing and received by the RFP contact at least ten days before the applicable proposal due date. This will allow issuance of any necessary amendments. It will also help prevent the opening of a defective solicitation and exposure of proposals upon which award could not be made. Protests based on any omission or error, in the content of this RFP, may be disallowed if not brought to the written attention of the RFP Contact Person at least five days before the applicable proposal due date. D. Incurred Costs

The Parties are not obligated to pay any costs incurred by Bidder in the preparation of a proposal in

response to this RFP. Bidders agree that all costs incurred in developing a proposal are the Bidder’s

responsibility.

E. Amendments/Addenda to RFP

The Parties reserve the right to issue addenda or amendments to this RFP if the they consider that

changes are necessary or additional information is needed.

Changes to a proposal or withdrawal of proposals will only be allowed if acceptable requests are

received prior to the applicable (to the deadline that is set for receipt of proposals. No amendments or

withdrawals will be accepted after the respective deadline.

Each proposal as part of the RFP process will first be evaluated by HC for responsiveness (i.e., meets the

minimum requirements with no debarments or other conditions for disqualification). Proposals that do

not comply fully with those requirements may be rejected without further review. Responsive proposals

will be submitted to an evaluation panel convened by HC representing the interests of the Parties. HC

shall consult with the panel that shall individually score the responsive proposals and make

recommendations prior to selection by HC of the highest ranked Bidder.

HC or the Parties may consider unacceptable any proposal for which information is lacking or whose

submission represents a deviation from the requirements of this RFP. Minor omissions, informalities or

irregularities may, at the sole option and discretion of the Parties, be corrected subsequent to the

submission due date.

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Select General Contractor

NO. MAX POINT VALUE CRITERION DESCRIPTION

1 40 points The PROPOSED COSTS the bidder proposes to charge the New City Plaza and their VALUE to the New City Plaza ("Value," based upon the opinion of the evaluators).

2 20 points The QUALIFICATIONS and CAPACITY of the PROPOSED GC TEAM, based upon the opinion of the evaluators after review of the documentation/information the proposer submits in response to the requirements detailed within this RFP document.

3 10 points EVIDENCE OF RELATED EXPERIENCE, based upon the opinion of the evaluators after review of the documentation/information the proposer submits in response to the requirements detailed within this RFP document.

4 10 points KNOWLEDGE OF APPLICABLE REGULATIONS, based upon the opinion of the evaluators after review of the documentation/information the proposer submits in response to the requirements detailed within this RFP document.

5 20 points DEVELOPMENT APPROACH, based upon the opinion of the evaluators after review of the documentation/information the proposer submits in response to the requirements detailed within this RFP document.

HC or the Parties may consider unacceptable any proposal for which information is lacking or whose

submission represents a deviation from the requirements of this RFP. Minor omissions, informalities or

irregularities may, at the sole option and discretion of the Parties, be corrected subsequent to the

submission due date.

G. Right of Rejection

Offers must comply with all of the terms of the RFP, and all applicable local, state, and federal laws,

codes, and regulations. The Parties may reject as non-responsive any proposal that does not comply

with all of the material and substantial terms, conditions, and performance requirements of the RFP.

Proposers may not qualify the proposal nor restrict the rights of HC or the Parties. If Proposer does so,

the proposal may be determined to be a non-responsive counter-offer and the proposal may be

rejected.

No proposal shall be rejected, however, if it contains a minor irregularity, defect, or variation and if the

irregularity, defect, or variation is considered by the Parties to be immaterial or inconsequential, the

Parties may choose to accept the proposal.

Minor informalities may be waived by the Chief Executive Officer (CFO) and Contracts when they:

Do not affect responsiveness;

Are merely a matter of form or format;

Do not change the relative standing or otherwise prejudice other offers;

Do not change the meaning or scope of the RFP;

Are trivial, negligible, or immaterial in nature;

Do not reflect a material change in the work; or

Do not constitute a substantial reservation against a requirement or provision.

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In such cases the Bidder will be notified of the deficiency in the proposal and given an opportunity to correct the irregularity, defect or variation or the Parties may elect to waive the deficiency and accept the proposal. This RFP does not commit HC and/or HASLC to award a contract. The Parties reserve the right to reject any or all proposals if it is in their best interest to do so and also reserve the right to terminate the RFP process. H. Clarification of Offers In order to determine if a proposal is reasonably acceptable for award, communications by the Facilitator for the Evaluation Panel are permitted with a Proposer to clarify uncertainties or eliminate confusion concerning the contents of a proposal. Clarifications may not result in a material or substantive change to the proposal. The evaluation by the Facilitator may be adjusted as a result of a clarification under this section. I. Public Records Act All information submitted in the Proposal or in response to request for additional information is subject to disclosure under the provisions of the Utah Public Records Act (Utah Government Code Chapter 2 Government Records Access and Management Act). Proposals may contain financial or other data that constitutes a trade secret. To protect such data from disclosure, Bidders should specifically identify the pages that contain confidential information by properly marking the applicable pages and inserting the following notice on the front of its response: The proprietary or confidential data shall be readily separable from the Proposal in order to facilitate eventual public inspection of the non-confidential portion of the Proposal. The Parties assume no responsibility for disclosure or use of unmarked data for any purpose. In the event disclosure of properly marked data is requested, the Proposer will be advised of the request and may expeditiously submit to HC a detailed statement indicating the reasons it has for believing that the information is exempt from disclosure under federal, state, and local law. This statement will be used by the Parties in making their determination as to whether or not disclosure is proper under federal, state or local law. The Parties will exercise care in applying this confidentiality standard but will not be held liable for any damage or injury, which may result from any disclosure that may occur. J. Disclosure of Criminal and Civil Proceedings The Parties reserve the right to request the information described herein from the Bidder(s) .Failure to provide the information may result in a disqualification from the selection process and no award of contract to the Proposer. The Parties also reserve the right to obtain the requested information by way of a background check performed by an investigative firm. The Contractors also may be requested to provide information to clarify initial responses. Negative information provided or discovered may result in disqualification from the selection process and no award of contract. The Contractors may be asked to disclose whether the firm, or any of its partners, principals, members, associates or key employees (as that term is defined herein), within the last ten years, has been indicted on or had charges brought against it or them (if still pending) or convicted of any crime or offense arising directly or indirectly from the conduct of the firm’s business, or whether the firm, or any of it partners, principals, members, associates or key employees, has within the last ten years, been indicted on or had charges brought against it or them (if still pending) or convicted of any crime or offense involving

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financial misconduct or fraud. If the response is affirmative, the Proposer will be asked to describe any such indictments or charges (and the status thereof), convictions and the surrounding circumstances in detail. In addition, the Contractors may also be asked to disclose whether the firm, or any of its partners, principals, members, associates, or key employees, within the last ten years, has been the subject of legal proceedings as defined herein arising directly from the provision of services by the firm or those individuals. “Legal proceedings” means any civil actions filed in a court of competent jurisdiction, or any matters filed by an administrative or regulatory body with jurisdiction over the firm or the individuals. If the response is affirmative, the Proposer will be asked to describe any such legal proceedings (and the status and disposition thereof) and the surrounding circumstances in detail. For purposes of this provision “key employees” includes any individuals providing direct service to HC or HASLC. “Key employees” do not include clerical personnel providing service at the firm’s offices or locations. K. Debarment and Suspension Proposer certifies that neither it nor its principals or subcontracts is presently debarred, /suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency as required by Executive Order 12549. Further, Proposer affirms that it has no record of unsatisfactory performance with HC or HASLC in the twenty-four (24) month period immediately preceding the date of issuance of this RFP. L. Board and Staff Communications Under no circumstances may any member of HC or HASLC or any staff member other than the contact specified in Section II, be contacted during this RFP process in regards to this RFP, by any entity intending to submit a response to this RFP. Failure to comply with this request will result in disqualification. M. Final Authority to Award The final authority to award contracts as a result of RFP process rests solely with the HC and HASLC Board of Commissioners or authorized staff as delegated by the Board of Governors or based on award amount, by the Board of Governors. VI. SCOPE OF WORK Duties of the General Contractor will include conducting all the work defined by the project documents and providing coordination as a single point of control for costs, scheduling, and conformance of the work to plans and specifications pursuant to the Construction Contact (defined below). In addition, the rehabilitation will require phasing the construction process to allow the relocation of residents during the construction period. The scope synopsis in general, as depicted in the 90% Construction Documents includes but is not limited to the following: Site Accessible paths, curb ramps and ramps to all site amenities, public right of way, accessible parking and all other required locations will be regraded and paved with concrete as needed. Accessible parking spaces and routes to spaces will be regraded, repaved with concrete and striped as required. Trash enclosure will be replaced with decorative concrete wall panels in compliance with zoning requirements with accessible access. Surface will be repaved with concrete and graded for accessibility.

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Replacement/repair of concrete sidewalks and ramps due to cracking and settling. Concrete curb & gutters will be replaced. Asphalt parking will receive mill & overlay and seal coat with crack sealing. A new striping pattern will be used to include ADA parking requirements for cars and van spaces. New open-air smoking shelter and separation from adjacent non-smoking site amenities. Smoking shelter will be considered for relocation elsewhere on site to separate from non-smoking area, building entry and sidewalk. Smoking shelter will be open-sided, include seating, trash cans with ashtrays and be constructed of decorative concrete to match trash enclosure. Replacement of existing mailboxes to meet current USPS & UFAS standards, including new framing in wall to accommodate larger sizing. All mailboxes will be located between 28-48” with parcel lockers below each unit. New ADA compliant site signage and wayfinding using durable, vandalism resistant materials. monument signage including base, structure, and lettering graphic for each building. Door threshold and transitions will be corrected through regrading and repaving. New landscaping throughout the project is desired and would include reworking of existing irrigation system to accommodate new low-maintenance plantings as needed. See Landscape Narratives for details. Additional scope for outdoor space is desired and would include outdoor kitchen, fixed seating, shade structure, community garden beds, low-maintenance landscaping, dog run, relocated and/or new fencing and hard surface areas. See Landscape Narratives for details. Alternate items:

1. Asphalt paving for accessible parking and related routes in lieu of concrete.

Exterior All exterior balconies are to receive a screening solution to address pigeons, resident attachment of screens and other devices, and low-angle sunlight. See attached exhibit. Consideration will be given to maintain as much daylighting inside the unit as possible as well as maintenance issues. A color study will be conducted to determine colors. A mock-up is suggested to refine connections, functionality, and colors. Solution will be provided at all balconies. Screening may vary in response to solar conditions such as orientation and shading from adjacent landscape and buildings. Screening will be moveable by residents along a fixed track. All connections will be reviewed by structural for strength and seismic suitability. Existing balcony railings with have non-compliant balusters removed and replaced with a mixture of panels and balusters. Railing connections will be reviewed by structural for strength and seismic suitability. Screens and railings will use durable materials as illustrated in attached exhibit. Meetings with the building and fire department will be required. Seal walking surfaces over concrete cantilevers. Threshold and transitions will be corrected throughout by filling the gap between the saddle threshold and raised exterior surface. New ADA compliant exterior signage and wayfinding using durable, vandalism resistant materials.

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Alternate items: 1. Replace balcony railings with new metal railing and a mixture of infill panels and balusters.

Connections shall allow for seismic movement and be reviewed by the structural engineer.

2. Reports generally conclude that most glazing in both windows and exterior storefront is double-pane and the vinyl windows were replaced in 2012 and do not recommend replacement for either cost or environmental reasons. However, replacing any single pane glazing or windows that were not recently replaced could be considered for aesthetic or comfort reasons. These windows do not appear to be parable and therefore do not require replacement for accessibility, however; any operable units without compliant hardware would need to be replaced or refurbished with compliant hardware.

a. Where replacement is desired, replace windows with new double pane, low-e glazing, in fiberglass or metal frames with screens.

i. Vinyl windows can be considered where structurally feasible as an alternative. Replacement window types should be used and new flashing added.

b. In lieu of replacing windows, re-caulk, re-seal and replace stripping windows.

3. Replace existing window and patio sliding door screens with matching color screen and frame.

4. Main building entry doors and storefront to be replaced with similar products and provided with access control. 5. Replacing overhead rolling doors with insulated metal doors. Roofing and Drainage Replacement of both roofs including ancillary roofs with IECC & State of Utah/DFCM compliant roofing. Roof replacement will include adding roof insulation as required. Replacement of flashing, pipe-boot and the like. Provide walking pads for foot-traffic in areas where workers walk most often. Repair of corroded metal as needed. Alternate item:

1. Perimeter railing or fall protection installation if not otherwise required.

2. Solar panel installation on roof.

Life Safety Emergency Egress will be evaluated. All other railings and guards with be replaced or retrofitted for code compliance. Replace non-code compliant accordion gates at basement with a storefront partition wall with door and panic hardware. Install locking anti-climb protection at service ladders in stair towers.

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Add self-closing hardware at all corridors that do not currently have compliant hardware. Fire Alarm & Sprinkler system may be refurbished to current NFPA 13 standards as directed by a Fire Protection Engineer and the SLC Fire Department. Sprinklers shall be added where required based on MEP upgrades. Areas identified in the PNA & RPCA include:

Install fire sprinklers to protect the interior of each closet.

Install supervisory switches on all fire sprinkler system control valves and connect switches to building fire alarm system. Consideration should be given to converting the other two standpipes in the building to manual-wet as well if not subject to freezing temperatures.

Convert standpipe located in exit stair adjacent to elevator lobby of Building B from manual-dry to manual-wet as required to comply with IBC 905.8. Consideration should be given to converting the other two standpipes in the building to manual-wet as well if not subject to freezing temperatures.

Convert both manual-wet standpipes located in the exit stairs of Building A to automatic-dry or automatic-wet (if not subject to freezing) standpipes as required by NFPA 14 5.4.1.2. Since an automatic standpipe system (wet or dry) is required to produce 100 psi at the hydraulically most remote outlet with 750 gpm flowing, an upgrade to the existing fire pump would be required. The existing 250 gpm fire pump would be required to be replaced by a 750 gpm fire pump.

Install a water tank/cistern to provide a secondary source of water to the fire sprinkler system in Building A as required by IBC 403.3.3. Since the water storage need only be sufficient to supply the fire sprinkler system demand (including hose allowance) for a period of 20 minutes, a 5,000 gallon water storage tank would be required.

Install HUD compliant smoke detectors. Hard-wired carbon monoxide (CO) alarms with battery backup is required to be added in all bedrooms if not already provided.

Vertical Circulation New elevator cabs in Building B to match Building A. Stair railings will be retrofitted to have code compliant guard height and spacing. Replacement of damaged stair opening screens. Alternate item:

Update all elevator cabs.

Interior Common Areas (pertains only to areas noted as in scope per RFP Add 3)

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Trash chute is proposed to be abandoned in both buildings due to infeasibility of providing accessibility. Trash compactor room in Building B is also proposed to be abandoned so that exterior space in front of trash door may be used for accessible parking. The common area laundry rooms are to have to receive new LVT flooring, flush with carpet height and minimizing transitions. Laundry room shall be reconfigured and expanded to provide additional machines and ~2000 sqft while maintaining seating area and vending. Laundry room millwork to be replaced. All walls and ceilings to be painted throughout including but not limited to the common areas, entries, maintenance, service areas, staff, and storage rooms. In order to bring the number of plumbing fixtures into compliance, existing pairs of restrooms will be combined and a second bathroom added for the opposite sex. New and existing common area restrooms including office restrooms will receive new tile flooring, wall coverings, paint, UFAS compliant millwork, stall partitions and ADA compliant commercial grade fixtures including toilets, urinals, sinks, soap dispensers, hand sanitizer dispensers, paper towel dispensers, hand dryers, mirrors, waste receptacles, feminine hygiene disposals, toilet paper dispensers, and grab bars. All fixtures will utilize touch-free sensors where applicable. Existing restrooms which will be combined into one will require some reconfiguration including to entries and relocation of plumbing fixtures to provide required clearances and UFAS/ADA stall size. Water fountains & mop sinks will be replaced with ADA compliant fixtures and added as needed based on occupant load calculations. Interior storefront to be replaced with fire-rated assemblies. All common area flooring is to be replaced with LVT flooring, flush with carpet height and minimizing transitions. All door hardware to be replaced with ADA compliant hardware. Where existing drywall is damaged, repairs should be made as needed prior to painting. Damage at corners should be repaired and corner guards installed in strategic locations. Replace chair rails and wall bumpers including in the service entries. Any fire rated walls will need to have ratings maintained with drywall and sealing of penetrations. New common area cabinets and counters are to be installed with current accessibility requirements incorporated. Medical Office and Unused Office will be repurposed with use determined in the charrette. Offices will be provided to accommodate a manager, assistant manager and three maintenance technicians across both buildings. Remedies for Building B Assembly Space, Aging Services entry security issue. Replace ceiling tiles throughout. Improved common area lighting with LEDs.

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Door threshold and transitions will be corrected to UFAS standards including balconies either by filling gaps, replacing thresholds or regrading. New door hardware including compliant door opening pull force. Door locations and swings will be reconfigured as needed for accessibility and life safety. New interior signage and wayfinding using durable, vandalism resistant materials. Non-compliant handrails will be lowered to compliant height. FF&E is excluded. Alternate items:

Maintain trash compactor room in Building B and refinish.

Recently updated carpet and sheet vinyl in common areas to remain.

All common area doors to be replaced with new and fire ratings are to be maintained.

4. Replace ACT ceiling with furred, drywall ceilings. Interior Dwelling Units 2% of units in each building (4 in High-Rise, 3 in City Plaza) will be designed to comply with hearing-impaired requirements. 5% of units in each building (8 in each building) designed to meet UFAS accessible standards. UFAS units will be reconfigured as needed to provide necessary clearances. If greater than 8 UFAS/ADA/Type A/Accessible units are existing in each building or greater than 2% of existing units are hearing-impaired units, their accessibility shall not be reduced. UFAS Mobility Units. The following list is a basis for component upgrades and is not meant to be extensive: • Reconfiguration of walls and shelving to provide required maneuvering clearances, turning spaces and clear floor spaces. • Reconfiguration of walls to provide an accessible route throughout the apartment to all elements. • 36” passage doors with compliant hardware. • All controls and operable parts shall be in required reach ranges. • Emergency alarms. • Provide 18” dimension from center of toilet to side wall by either furring out wall or adjusting toilet flange. • Provide 18” dimension from center of toilet to sink or sink cabinet edge. • New lavatories with removable fronts. • Compliant plumbing fixture controls. • Provide grab bars. • New shower inserts with grab bars, seats, and hoses at minimum 59” length • Provide at least 2 units with roll-in showers at each building. • Provide at least 5 units shower/tubs at City Plaza and 6 units at High-Rise. • ADA Compliant appliances. • Kitchen work surfaces at 30” clear width and 34” max height will be added.

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• Replace and reconfigure kitchen sink cabinets to accommodate 30” clearance required and wrap pipe and abrasive surfaces underneath. • Replace and reconfigure Kitchen sink cabinets to be lowered to 34” • Replace upper cabinets to fit reach ranges • ADA height door viewers. • Replace sliding glass doors at units B105 & B106 balconies with swinging doors with compliant thresholds. • LVT throughout. Where existing drywall is damaged, repairs should be made as needed. Damage at corners should be repaired and corner guards installed in strategic locations of accessible units. Any fire rated walls will need to have ratings maintained with drywall and sealing of penetrations. All units are to receive the following: • New cabinets • New countertops and backsplashes • New storage shelving and closet doors • New finishes including outlets and switch plates. • New flooring & base • New painted pine trim • New paint • New energy star ranges • New range hood • New garbage disposals • New bathroom accessories including medicine cabinets. • Additional LED unit lighting including hard-wired LED undercabinet lighting • Swinging balcony screen doors to be replaced to eliminate undercut. • New roller shades at windows. • New light filtering cellular shades at patio doors. • Additional LED light fixtures to improve light levels and distribution of light. All units shall receive the following plumbing fixtures • ADA compliant handheld wall-mounted Showerheads, 1.25gpm • Kitchen Faucets, 1gpm • Bathroom Faucets w/ aerators, 0.5gpm • Bathtubs, controls, and surrounds Door threshold and transitions will be corrected to meet UFAS requirements including balconies. High-Rise units with recent renovations will be individually reviewed to selectively keeping recent work in place. Alternate items: 1. Pull-down shelves at upper cabinets. 2. Replace interior doors with new painted solid wood 3. Grab bars in non-UFAS units 4. New fiberglass balcony doors. 5. Remove ceiling texture 6. Replace refrigerators with ADA compliant energy star model. 7. Replace toilets, 1.25gpf 8. Add dishwashers, perhaps a compact model depending on feasibility

17

Landscaping Entry Area: Improvements to entry area include upgrades to the ADA accessibility and the creation of an entry node including the addition of planting beds. Community Garden: Improvements will be made to the existing community garden area including raised garden beds for accessibility, new materials, an updated spatial configuration, and supportive amenities. A small rest/gathering area. Bosque of Trees - Seating and Game Area: Added trees as a canopy and shade gathering area. Circulation patterns, gathering areas, and additional understory plantings. Gathering Area – Outdoor Kitchen: An outdoor grill with counter space and outdoor dining areas. Fitness and Mindfulness Area: Flex space with ground surface shock absorption properties such as sod, artificial turf, or other surfaces that can minimize joint impact. Gathering Area: An overhead shade structure, enhanced paving, signage, and site furniture will define the space. This space is hard surfaced and demarcate the landscape boundaries. Landscape Screening and Improvements: Enhanced landscaping and improved landscape screening will take place as indicated in the schematic plan, and in conjunction with fencing, lighting, and amenities. Plant palettes focus on xeric plant material. Dog Run: The dog run area features turf and gravel areas, fencing, access to water and/or a grooming area, site furniture, and trash receptacles. Pollinator Garden: New pollinator gardens with diverse planting area. A space within the pollinator garden has a seating area.

The construction contract between the owner and General Contractor shall be form HUD-92442M Construction Contract for Insured Advances (Article 4 Option 2, Lump Sum). Form HUD-92554M Supplementary Conditions to the Contract for Construction and AIA Document A201-2017 General Conditions of the Contract for Construction must be attached along with any other applicable or required forms, exhibits, addenda, attachments, riders, and requirements thereof.

The LIHTC investor will require liquidated damages for delayed delivery of a minimum of $2,000 per day, and 10% retainage is required to comply with FHA insurance, unless limited by state law.

Building permits – the General Contractor will be responsible for obtaining any and all required permits pertaining to any assigned work at his/her expense.

Required licensing – the General Contractor shall be in possession of any current appropriate licensing that may be required by Salt Lake City, the Parties, and the State of Utah.

The General Contractor is expected to work as a dedicated member of the project team through the finalization of the construction documents by the project architect. At closing, the General Contractor will be expected to execute a Construction Contract which total cost does not exceed its proposal estimate made during the RFP process. In the event the General Contractor’s final estimate does not conform to the bid provided in accordance with this RFP, Owner reserves the right to remove the General Contractor from the project and select another Contractor as General Contractor.

18

VII. GENERAL PROPOSAL SUBMISSION REQUIREMENTS

1. All interested Bidders are invited to submit a proposal for consideration under this RFP.

2. Submission of a proposal indicates that the Bidder has read and understands the entire RFP, to

include all appendixes, attachments, exhibits, schedules, and addendum (as applicable) and all

concerns regarding the RFP have been satisfied.

3. Proposals must be received by the designated date and time. Late or incomplete proposals will

not be accepted.

4. Proposals shall be submitted electronically to the RFP Contract Person specified in Section I. The

preferred proposal format is a single .pdf file with each tab clearly and separately delineated

and bookmarked.

5. Proposals must be completed in all respects. A proposal may not be considered if it is

conditional or incomplete.

VIII. INFORMATION REQUESTED OF ALL BIDDERS

So the Parties can properly evaluate the offers received, all proposals submitted in response to this RFP

shall contain the information described below, fully executed, and formatted in accordance with the

sequence indicated.

ATTACHMENTS

EXHIBIT A Project Plan Set EXHIBIT B Contact Information Form EXHIBIT C Certificate Regarding Debarment or Suspension EXHIBIT D Client Reference Form EXHIBIT E Section 3 EXHIBIT F HUD Form 5369-C Certifications and Representations of Offerors EXHIBIT G HUD Form 5369-A Representation, Certifications and Other Statements of Bidders EXHIBIT H HUD Form 50071 Certification of Payments to Influence Federal Transactions EXHIBIT I Disclosure of Lobbying Activities OMB form 03480046 EXHIBIT J HUD Form 2530 Previous Participation Certification EXHIBIT K HUD Form 5370 General Conditions for Construction Contracts EXHIBIT L HUD Form 2554 Supplementary for Construction EXHIBIT M HUD Form 4010 Federal Labor Standards Provisions EXHIBIT N Davis Bacon Wage Determinations: General Decision EXHIIBT O 50%-75% DISCLOSUE EXHIBIT P IDENTITY OF INTEREST BETWEEN GC AND BORROWER EXHIBIT Q OFF-SITE STORAGE CERTIFICATION EXHIBIT R SURETY LETTER EXHIBIT S HUD Form 5372 EXBIBIT T HUD Form 2328 CONTRACTOR’S SCHEDULE OF VALUES EXHIBIT U Payment Bond HUD Form 92452A-M Rev. 6.18 New 2.12.19 EXHIBIT V Performance Bond HUD Form 92452M Rev. 6.18 New 2.12.19 OTHER ITEMS:

19

Completed AIA Document A305-2020, including exhibits A-E VERFICATION OF EIN EVIDENCE OF INSURANCE

PAST THREE (3) YEAR AUDITED/CERTIFIED FINANCIAL STATEMENTS YEAR TO DATE FINANCIAL STATEMENTS

Insurance Requirements Commercial General Liability $1,000,000; combined single limit bodily and property damage liability per occurrence. Comprehensive Automobile Liability $1,000,000; combined single limit bodily and property damage liability per occurrence Errors and Omissions Liability $1,000,000; combined single limit bodily and property damage liability per occurrence and $3,000,000 aggregate OR, Professional Liability $1,000,000; per occurrence and aggregate Workers’ Compensation Statutory limits Insurance requirements referenced above shall not be terminated or expire and is required to be maintained in force by the CONTRACTOR and SUB-CONTRACTORS (when applicable) until completion of the contract. The CONTRACTOR shall require all SUB-CONTRACTORS used in the performance of this contract to name the Housing Connect as an additional insured. Failure to maintain the above-reference insurance coverage, including naming the HOUSING CONNECT as an additional insured during the term(s) of this contract shall constitute a material breach thereof. OTHER PROVISIONS THAT COULD BE ADDED Notwithstanding any provisions in this RFP, all bonding and contract assurance requirements will be subject to the requirements of HUD, lenders, investors, HC, and/or all other regulations and requirements.

No Post-Quote Deadline Corrections Allowed. The Parties will not negotiate an increase to any unit costs or fees proposed prior to the submittal deadline; accordingly, Prequalified Contractors are strongly cautioned to submit a realistic price for the work. No Negotiation of Proposed Fees after the Submittal Deadline. The Parties will not negotiate an increase to the firm-fixed fee or guaranteed maximum price proposed prior to the submittal deadline.

20

Change Orders and Modifications. If Contractor notices any problems with the specifications issued, then it is that Contractor’s responsibility to inform the Contact Person of such in writing prior to the bid submittal deadline. Failure on the part of the Contractor to comply with this requirement may cause the Contractor to perform such work at no additional charge to the Parties. Pursuant to HUD requirements, if applicable, change orders are for “unforeseen conditions” only. The Parties will strictly evaluate any change order requests and will hold the General Contractor to a very strict standard. Accordingly, Contractors are cautioned to not quote a low firm-fixed fee, expecting to “make up the short fall” through a change order. No Deposits/No Retainer. The Parties will not pay any deposits or retainer fees pursuant to the award of a contract (such is not allowed per relevant HUD regulations). This means that the General Contractor will be paid for actual work provided only.

Davis-Bacon Federal Wage Rates. As detailed within pertinent federal regulations, the General Contractor will be required to pay wage rates pursuant to the Davis-Bacon Act (40 USC §3141 et seq.). The applicable wage rates pertaining to the work will be included in the Request for Bid. The General Contractor and all of the GC’s subcontractors will also be required to comply with all other applicable conditions and requirements of the Davis-Bacon Act (e.g. on-site interviews; certified payrolls; etc.). Davis-Bacon & Related Acts can be located and downloaded at: https://www.dol.gov/whd/govcontracts/dbra.htm

Workforce Diversity and Equity. The general contractor services to be pursuant to this RFQ are on properties subsidized under a program providing direct federal financial assistance from HUD and which are subject to the requirements of Section 3 of the Housing and Community Development Act of 1968, as amended, 12 U.S.C. 1701u (“Section 3”). Section 3 requires that, to the greatest extent feasible, contracts will be awarded to businesses which are located in, or owned in substantial part by, persons residing in the same metropolitan area (or nonmetropolitan county) as the project. If training and employment opportunities arise, they will be given, to the greatest extent possible, to lower-income persons residing within the unit of local government or metropolitan area (or nonmetropolitan county) in which the project is located. The Parties are committed to equal opportunity in this procurement process. The Parties encourage submissions from Minority and Women Business Enterprises (“M/WBEs”) as well as Section 3 firms. It is the policy of the Parties to encourage M/WBEs as well as Section 3 firm participation in this program by contractors, subcontractors, and suppliers, and all Applicants are expected to cooperate in implementing this policy.

Notwithstanding any provisions in this RFP, all bonding and contract assurance requirements will be subject to the requirements of HUD, lenders, investors, HCR, and/or all other regulations and requirements. Background Screening Requirements The General Contractor will be required to conduct background screening on all of its personnel, as well as those of its subcontractors, prior to working at City Plaza and County High Rise.

21

Contract Service Standards. All work performed pursuant to this RFP must conform and comply with all applicable local, state, and federal codes, statutes, laws, regulations, and requirements.

EXHIBIT A

PROJECT PLAN SET AND PROJECT MANUAL

Documents

At

https://ejarchitecture.egnyte.com/fl/BoFk1FkgbA#folder-link/

EXHIBIT B

Contact Information Form

Document on Following Page

Contact Information Form

To: Emily Whittle, Purchasing Agent Phone: (801) 284.4446

Email: ewhittle@housingconnect.com

This document is to acknowledge that we are in receipt of RFP # HC2021–09 General Contractor and have noted our intention to bid.

Vendor Name: _______________________________________________

Address: _____________________________________________________

Contact/Title: _________________________________________________

Phone: ______________________________________________________

Fax: ________________________________________________________

Email: ______________________________________________________

I PLAN TO SUBMIT A BID. Yes, I will be submitting a bid. Maybe, I need to research and get more information (contact HC-information listed

above)

NO BID. Indicate any of the following. We: Do NOT desire to be retained on the vendor list. Desire to be retained on the vendor list, but decline to bid based on the following: Cannot comply with specifications/scope of work, Explain:

Cannot meet delivery requirements, Explain: __________________________________________________________________

Do not regularly provide this type of product/service Other, Explain: Please update my information as listed above.

HOW YOU FOUND OUT ABOUT THE BID. Indicate any of the following. We: Checked the agency website Received notice by fax or e-mail Newspaper Ad, please list paper: Trade Publication, please list: Plan Room, please list: Other, Explain: __________________________________________

EXHIBIT C

Certificate Regarding Debarment or Suspension

Document on Following Page

Certification Regarding Debarment or Suspension

In compliance with contracts and grants agreements applicable under the U.S. Federal Awards Program, the following certification is required by all Proposers submitting a response to this RFP:

1. The Proposer certifies, to the best of its knowledge and belief, that neither the Proposer

nor its Principals are suspended, debarred, proposed for debarment, or declared

ineligible for the award of contracts from the United States federal government

procurement or non-procurement programs, or are listed in the List of Parties Excluded

from Federal Procurement and Non-procurement Programs issued by the General

Services Administration.

2. “Principals,” for the purposes of this certification, means officers, directors, owners,

partners, and persons having primary management or supervisory responsibilities within

a business entity (e.g., general manager, plant manager, head of a subsidiary, division,

or business segment, and similar positions).

3. The Proposer shall provide immediate written notice to the HC Chief Finance Officer

(CFO) if, at any time prior to award, the Proposer learns that this certification was

erroneous when submitted or has become erroneous by reason of changes

circumstances.

4. This certification is a material representation of fact upon which reliance will be placed

when making the award. It if is later determined that the Proposer rendered an

erroneous certification, in addition to other remedies available to the HC government, the

HC Chief Finance Officer (CFO) may terminate the contract resulting from this

solicitation for default.

5. Proposer affirms that is has no record of recent unsatisfactory performance with HC,

during the past twenty-four (24) months at a minimum.

Printed Name of Representative: ____________________________________________

Title: ____________________________________________

Signature: ____________________________________________

Date: ____________________________________________

EXHIBIT D

Client Reference Form

Document on Following Page

Exhibit D Client Reference

CURRENT CLIENT REFERENCES (REQUIRED) – RFP#HC2021-09 New City Plaza GC

Submit this form with the BID, failure to do so is grounds for disqualification.

Company

Address

City, ST, Zip

Fax/Phone/Email

Contact Name/Title

Type of Engagement

Company

Address

City, ST, Zip

Fax/Phone/Email

Contact Name/Title

Type of Engagement

Company

Address

City, ST, Zip

Fax/Phone/Email

Contact Name/Title

Type of Engagement

Company

Address

City, ST, Zip

Fax/Phone/Email

Contact Name/Title

Type of Engagement

Company

Address

City, ST, Zip

Fax/Phone/Email

Contact Name/Title

Type of Engagement

Bidder’s Company Name

Legal Structure (corp./partner/proprietor)

Principle Office Address

City, ST, Zip

Phone Number & Fax Numbers

Email

Federal Employer Identification Number

Title of Person Authorized to Sign

Print Name of Person Authorized to Sign

Date Signed and Authorized Signature

EXHIBIT E

Section 3

Document on Following Page

SECTION 3 - PAGE 1 OF 1

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

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

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

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

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

F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract fordefault, 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 theIndian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed underthis contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training andemployment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given toIndian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions ofsection 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation ofcompliance with section 7(b).

SECTION 3 STATEMENT

Are you claiming Section 3 business preference? Yes ☐ No ☐ If “YES,” check the box indicating which priority you are claiming and attach supporting documentation.

☐ 51% or more owned by Section 3 residents

☐ At least 30% of permanent, full time employees include persons that are currently Section 3

Residents, or were Section 3 residents within three (3) years of the date of first hire

☐ Provide evidence, as required, of a commitment to sub-contract in excess of 25% of the dollar awardof all sub-contracts to business concerns that meet one of the first two qualifications above.

More information regarding Section 3 may be obtained from:

https://www.hud.gov/program_offices/fair_housing_equal_opp/section3/section3

SECTION 3 CLAUSE AND SECTION 3 STATEMENT

HUD 24 CFR PART 135

EXHIBIT F

HUD Form 5369-C Certifications and Representations of Offerors

Document on Following Page

EXHIBIT G

HUD Form 5369-A Representations, Certifications and Other Statements of Bidders

Document on Following Page

form HUD-5369-A (11/92)Previous edition is obsolete

Representations, Certifications,and Other Statements of Bidders

Public and Indian Housing Programs

U.S. Department of Housingand Urban DevelopmentOffice of Public and Indian Housing

form HUD-5369-A (11/92)Previous edition is obsolete

Representations, Certifications,and Other Statements of BiddersPublic and Indian Housing Programs

Table of Contents

Clause Page

1. Certificate of Independent Price Determination 1

2. Contingent Fee Representation and Agreement 1

3. Certification and Disclosure Regarding Paymentsto Influence Certain Federal Transactions 1

4. Organizational Conflicts of Interest Certification 2

5. Bidder's Certification of Eligibility 2

6. Minimum Bid Acceptance Period 2

7. Small, Minority, Women-Owned Business ConcernRepresentation 2

8. Indian-Owned Economic Enterprise and IndianOrganization Representation 2

9. Certification of Eligibility Under the Davis-Bacon Act 3

10. Certification of Nonsegregated Facilities 3

11. Clean Air and Water Certification 3

12. Previous Participation Certificate 3

13. Bidder's Signature 3

1. 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 competitorrelating to (i) those prices, (ii) the intention to submit a bid, or (iii) themethods or factors used to calculate the prices offered;

(2) The prices in this bid have not been and will not beknowingly disclosed by the bidder, directly or indirectly, to any otherbidder or competitor before bid opening (in the case of a sealed bidsolicitation) or contract award (in the case of a competitive proposalsolicitation) unless otherwise required by law; and

(3) No attempt has been made or will be made by the bidder toinduce any other concern to submit or not to submit a bid for thepurpose of restricting competition.

(b) Each signature on the bid is considered to be a certification bythe signatory that the signatory--

(1) Is the person in the bidder's organization responsible fordetermining the prices being offered in this bid or proposal, and thatthe signatory has not participated and will not participate in anyaction contrary to subparagraphs (a)(l) through (a)(3) above; or

(2) (i) Has been authorized, in writing, to act as agent for thefollowing principals in certifying that those principals have notparticipated, and will not participate in any action contrary tosubparagraphs (a)(l) through (a)(3) above.

_______________________________________________ [insertfull name of person(s) in the bidder's organization responsible fordetermining the prices offered in this bid or proposal, and the title ofhis or her position in the bidder's organization];

(ii) As an authorized agent, does certify that the principalsnamed in subdivision (b)(2)(i) above have not participated, and willnot participate, in any action contrary to subparagraphs (a)(1)through (a)(3) above; and

(iii) As an agent, has not personally participated, and willnot participate in any action contrary to subparagraphs (a)(1)through (a)(3) above.

(c) If the bidder deletes or modifies subparagraph (a)2 above, thebidder must furnish with its bid a signed statement setting forth indetail the circumstances of the disclosure.

[ ] [Contracting Officer check if following paragraph is applicable]

(d) Non-collusive affidavit. (applicable to contracts for constructionand equipment exceeding $50,000)

(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 anyother person, firm or corporation in regard to any bid submitted inresponse to this solicitation. If the successful bidder did not submitthe affidavit with his/her bid, he/she must submit it within three (3)working days of bid opening. Failure to submit the affidavit by thatdate may render the bid nonresponsive. No contract award will bemade without a properly executed affidavit.

(2) A fully executed "Non-collusive Affidavit" [ ] is, [ ] is notincluded with the bid.

2. Contingent Fee Representation and Agreement(a) Definitions. As used in this provision:

"Bona fide employee" means a person, employed by a bidderand subject to the bidder's supervision and control as to time, place,and manner of performance, who neither exerts, nor proposes toexert improper influence to solicit or obtain contracts nor holds outas being able to obtain any contract(s) through improper influence.

"Improper influence" means any influence that induces or tendsto induce a PHA/IHA employee or officer to give consideration or toact regarding a PHA/IHA contract on any basis other than the meritsof the matter.

(b) The bidder represents and certifies as part of its bid that, exceptfor full-time bona fide employees working solely for the bidder, thebidder:

(1) [ ] has, [ ] has not employed or retained any person orcompany to solicit or obtain this contract; and

(2) [ ] has, [ ] has not paid or agreed to pay to any person orcompany employed or retained to solicit or obtain this contract anycommission, percentage, brokerage, or other fee contingent upon orresulting from the award of this contract.

(c) If the answer to either (a)(1) or (a)(2) above is affirmative, thebidder shall make an immediate and full written disclosure to thePHA/IHA Contracting Officer.

(d) Any misrepresentation by the bidder shall give the PHA/IHA theright to (1) terminate the contract; (2) at its discretion, deduct fromcontract payments the amount of any commission, percentage,brokerage, or other contingent fee; or (3) take other remedypursuant to the contract.

3. Certification and Disclosure Regarding Payments toInfluence Certain Federal Transactions (applicable tocontracts exceeding $100,000)

(a) The definitions and prohibitions contained in Section 1352 oftitle 31, United States Code, are hereby incorporated by referencein paragraph (b) of this certification.

Page1 of 3

EXHIBIT F

HUD Form 5369-C Certifications and Representations of Offerors

Document on Following Page

EXHIBIT G

HUD Form 5369-A Representations, Certifications and Other Statements of Bidders

Document on Following Page

form HUD-5369-A (11/92)Previous edition is obsolete

Representations, Certifications,and Other Statements of Bidders

Public and Indian Housing Programs

U.S. Department of Housingand Urban DevelopmentOffice of Public and Indian Housing

form HUD-5369-A (11/92)Previous edition is obsolete

Representations, Certifications,and Other Statements of BiddersPublic and Indian Housing Programs

Table of Contents

Clause Page

1. Certificate of Independent Price Determination 1

2. Contingent Fee Representation and Agreement 1

3. Certification and Disclosure Regarding Paymentsto Influence Certain Federal Transactions 1

4. Organizational Conflicts of Interest Certification 2

5. Bidder's Certification of Eligibility 2

6. Minimum Bid Acceptance Period 2

7. Small, Minority, Women-Owned Business Concern Representation 2

8. Indian-Owned Economic Enterprise and IndianOrganization Representation 2

9. Certification of Eligibility Under the Davis-Bacon Act 3

10. Certification of Nonsegregated Facilities 3

11. Clean Air and Water Certification 3

12. Previous Participation Certificate 3

13. Bidder's Signature 3

1. 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 competitorrelating to (i) those prices, (ii) the intention to submit a bid, or (iii) themethods or factors used to calculate the prices offered;

(2) The prices in this bid have not been and will not beknowingly disclosed by the bidder, directly or indirectly, to any otherbidder or competitor before bid opening (in the case of a sealed bidsolicitation) or contract award (in the case of a competitive proposalsolicitation) unless otherwise required by law; and

(3) No attempt has been made or will be made by the bidder toinduce any other concern to submit or not to submit a bid for thepurpose of restricting competition.

(b) Each signature on the bid is considered to be a certification bythe signatory that the signatory--

(1) Is the person in the bidder's organization responsible fordetermining the prices being offered in this bid or proposal, and thatthe signatory has not participated and will not participate in anyaction contrary to subparagraphs (a)(l) through (a)(3) above; or

(2) (i) Has been authorized, in writing, to act as agent for thefollowing principals in certifying that those principals have notparticipated, and will not participate in any action contrary tosubparagraphs (a)(l) through (a)(3) above.

_______________________________________________ [insertfull name of person(s) in the bidder's organization responsible fordetermining the prices offered in this bid or proposal, and the title ofhis or her position in the bidder's organization];

(ii) As an authorized agent, does certify that the principalsnamed in subdivision (b)(2)(i) above have not participated, and willnot participate, in any action contrary to subparagraphs (a)(1)through (a)(3) above; and

(iii) As an agent, has not personally participated, and willnot participate in any action contrary to subparagraphs (a)(1)through (a)(3) above.

(c) If the bidder deletes or modifies subparagraph (a)2 above, thebidder must furnish with its bid a signed statement setting forth indetail the circumstances of the disclosure.

[ ] [Contracting Officer check if following paragraph is applicable]

(d) Non-collusive affidavit. (applicable to contracts for constructionand equipment exceeding $50,000)

(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 anyother person, firm or corporation in regard to any bid submitted inresponse to this solicitation. If the successful bidder did not submitthe affidavit with his/her bid, he/she must submit it within three (3)working days of bid opening. Failure to submit the affidavit by thatdate may render the bid nonresponsive. No contract award will bemade without a properly executed affidavit.

(2) A fully executed "Non-collusive Affidavit" [ ] is, [ ] is notincluded with the bid.

2. Contingent Fee Representation and Agreement(a) Definitions. As used in this provision:

"Bona fide employee" means a person, employed by a bidderand subject to the bidder's supervision and control as to time, place,and manner of performance, who neither exerts, nor proposes toexert improper influence to solicit or obtain contracts nor holds outas being able to obtain any contract(s) through improper influence.

"Improper influence" means any influence that induces or tendsto induce a PHA/IHA employee or officer to give consideration or toact regarding a PHA/IHA contract on any basis other than the meritsof the matter.

(b) The bidder represents and certifies as part of its bid that, exceptfor full-time bona fide employees working solely for the bidder, thebidder:

(1) [ ] has, [ ] has not employed or retained any person orcompany to solicit or obtain this contract; and

(2) [ ] has, [ ] has not paid or agreed to pay to any person orcompany employed or retained to solicit or obtain this contract anycommission, percentage, brokerage, or other fee contingent upon orresulting from the award of this contract.

(c) If the answer to either (a)(1) or (a)(2) above is affirmative, thebidder shall make an immediate and full written disclosure to thePHA/IHA Contracting Officer.

(d) Any misrepresentation by the bidder shall give the PHA/IHA theright to (1) terminate the contract; (2) at its discretion, deduct fromcontract payments the amount of any commission, percentage,brokerage, or other contingent fee; or (3) take other remedypursuant to the contract.

3. Certification and Disclosure Regarding Payments toInfluence Certain Federal Transactions (applicable tocontracts exceeding $100,000)

(a) The definitions and prohibitions contained in Section 1352 oftitle 31, United States Code, are hereby incorporated by referencein paragraph (b) of this certification.

Page1 of 3

form HUD-5369-A (11/92)Previous edition is obsolete

6. 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/IHA's minimum require-ment. The bidder allows the following acceptance period:calendar days.

(e) A bid allowing less than the PHA's/IHA'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 businesswhich 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-tions are controlled by one or more such individuals. For the purposeof 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

(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 all 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. 450B) are exemptfrom the requirements of this provision.

4. Organizational Conflicts of Interest CertificationThe 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.

Page 2 of 3

form HUD-5369-A (11/92)Previous edition is obsolete

6. 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/IHA's minimum require-ment. The bidder allows the following acceptance period:calendar days.

(e) A bid allowing less than the PHA's/IHA'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 businesswhich 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-tions are controlled by one or more such individuals. For the purposeof 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

(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 all 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. 450B) are exemptfrom the requirements of this provision.

4. Organizational Conflicts of Interest CertificationThe 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.

Page 2 of 3

form HUD-5369-A (11/92)Previous edition is obsolete

community including Native villages and Native groups (includingcorporations organized by Kenai, Juneau, Sitka, and Kodiak) asdefined in the Alaska Native Claims Settlement Act, which isrecognized by the Federal Government as eligible for services fromthe Bureau of Indian Affairs.

9. Certification of Eligibility Under the Davis-BaconAct (applicable to construction contracts exceeding $2,000)

(a) By the submission of this bid, the bidder certifies that neither itnor any person or firm who has an interest in the bidder's firm is aperson or firm ineligible to be awarded contracts by the United StatesGovernment by virtue of section 3(a) of the Davis-Bacon Act or 29CFR 5.12(a)(1).

(b) No part of the contract resulting from this solicitation shall besubcontracted to any person or firm ineligible to be awardedcontracts 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 (applicableto contracts exceeding $10,000)

(a) The bidder's attention is called to the clause entitled EqualEmployment Opportunity of the General Conditions of the Con-tract for Construction.

(b) "Segregated facilities," as used in this provision, means anywaiting rooms, work areas, rest rooms and wash rooms, restaurantsand other eating areas, time clocks, locker rooms and other storageor dressing areas, parking lots, drinking fountains, recreation orentertainment areas, transportation, and housing facilities providedfor employees, that are segregated by explicit directive or are in factsegregated on the basis of race, color, religion, or national originbecause of habit, local custom, or otherwise.

(c) By the submission of this bid, the bidder certifies that it does notand will not maintain or provide for its employees any segregatedfacilities at any of its establishments, and that it does not and will notpermit its employees to perform their services at any location underits control where segregated facilities are maintained. The bidderagrees that a breach of this certification is a violation of the EqualEmployment Opportunity clause in the contract.

(d) The bidder further agrees that (except where it has obtainedidentical certifications from proposed subcontractors for specifictime periods) prior to entering into subcontracts which exceed$10,000 and are not exempt from the requirements of the EqualEmployment 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 identicalcertifications for specific time periods):

Notice to Prospective Subcontractors of Requirement forCertifications of Nonsegregated FacilitiesA Certification of Nonsegregated Facilities must be submitted beforethe award of a subcontract exceeding $10,000 which is not exemptfrom the provisions of the Equal Employment Opportunity clause ofthe prime contract. The certification may be submitted either foreach subcontract or for all subcontracts during a period (i.e.,quarterly, semiannually, or annually).

Note: The penalty for making false statements in bids is prescribedin 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 ofViolating Facilities:

(b) The bidder will immediately notify the PHA/IHA ContractingOfficer, before award, of the receipt of any communication from theAdministrator, or a designee, of the Environmental ProtectionAgency, indicating that any facility that the bidder proposes to usefor the performance of the contract is under consideration to belisted on the EPA List of Violating Facilities; and,

(c) The bidder will include a certification substantially the same asthis certification, including this paragraph (c), in every nonexemptsubcontract.

12. Previous Participation Certificate (applicable toconstruction and equipment contracts exceeding $50,000)

(a) The bidder shall complete and submit with his/her bid the FormHUD-2530, "Previous Participation Certificate." If the successfulbidder does not submit the certificate with his/her bid, he/she mustsubmit it within three (3) working days of bid opening. Failure tosubmit 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 SignatureThe bidder hereby certifies that the information contained in thesecertifications and representations is accurate, complete, andcurrent.

__________________________________________________________________(Signature and Date)

__________________________________________________________________(Typed or Printed Name)

__________________________________________________________________(Title)

__________________________________________________________________(Company Name)

(Company Address)

Page 3 of 3

EXHIBIT H

HUD Form 50071 Certification of Payments to Influence Federal Transactions

Document on Following Page

Previous edition is obsolete form HUD 50071 (01/14)ref. Handbooks 7417.1, 7475.13, 7485.1, & 7485.3

OMB Approval No. 2577-0157 (Exp. 01/31/2017)

Certification of Payments to Influence Federal Transactions

U.S. Department of Housing and Urban Development Office of Public and Indian Housing

Applicant Name

Program/Activity Receiving Federal Grant Funding

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

(1) No Federal appropriated funds have been paid or will be

paid, by or on behalf of the undersigned, to any person for

influencing or attempting to influence an officer or employee of

an agency, a Member of Congress, an officer or employee of

Congress, or an employee of a Member of Congress in connec-

tion with the awarding of any Federal contract, the making of any

Federal grant, the making of any Federal loan, the entering into

of any cooperative agreement, and the extension, continuation,

renewal, amendment, or modification of any Federal contract,

grant, loan, or cooperative agreement.

(2) If any funds other than Federal appropriated funds have

been paid or will be paid to any person for influencing or

attempting to influence an officer or employee of an agency, a

Member of Congress, an officer or employee of Congress, or an

employee of a Member of Congress in connection with this

Federal contract, grant, loan, or cooperative agreement, the

undersigned shall complete and submit Standard Form-LLL,

Disclosure Form to Report Lobbying, in accordance with its

instructions.

(3) The undersigned shall require that the language of this

certification be included in the award documents for all subawards

at all tiers (including subcontracts, subgrants, and contracts

under grants, loans, and cooperative agreements) and that all

sub recipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which

reliance was placed when this transaction was made or entered

into. Submission of this certification is a prerequisite for making

or entering into this transaction imposed by Section 1352, Title

31, U.S. Code. Any person who fails to file the required

certification shall be subject to a civil penalty of not less than

$10,000 and not more than $100,000 for each such failure.

I hereby certify that all the information stated herein, as well as any information provided in the accompaniment herewith, is true and accurate. Warning: HUD will prosecute false claims and statements. Conviction may result in criminal and/or civil penalties. (18 U.S.C. 1001, 1010, 1012; 31 U.S.C. 3729, 3802)

Name of Authorized Official Title

Signature Date (mm/dd/yyyy)

EXHIBIT I

Disclosure of Lobbying Activities OMB Form 03480046

Document on Following Page

Approved by OMB 0348-0046 DISCLOSURE OF LOBBYING ACTIVITIES

Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 (See reverse for public burden disclosure.)

14. Brief Description of Services Performed or to be Performed and Date(s) of Service, including officer(s), employee(s), or Member(s)contacted, for Payment indicated in Item 11.:

2. Status of Federal Action

a. bid/offer/applicationb. initial awardc. post-award

3. Report Type:

a. initial filingb. material change

For Material Change Only:Year Quarter

date of last report

1. Type of Federal Action:

a. contractb. grantc. cooperative agreementd. loane. loan guaranteef. loan insurance

15. Continuation Sheet(s) SF-LLL-A attached: Yes No

5. If Reporting Entity in No. 4 is Subawardee, Enter Name andAddress of Prime:

Congressional District, if known:

4. Name and Address of Reporting Entity:Prime Subawardee

Tier , if known:

Congressional District , if known:7. Federal Program Name/Description:

CFDA Number , if applicable:

6. Federal Department/Agency:

Authorized for Local ReproductionStandard Form - LLLFederal Use Only:

13. Type of Payment (check all that apply):a. retainerb. one-time feec. commissiond. contingent feee. deferredf. other; specify:

12. Form of Payment (check all that apply):a. cashb. in-kind; specify: nature

value

Signature:

Print Name:

Title:

Telephone No.: Date:

16. Information requested through this form is authorized by title31 U.S.C. section 1352. This disclosure of lobbying activitiesis a material representation of fact upon which reliance wasplaced by the tier above when this transaction was made orentered into. This disclosure is required pursuant to 31U.S.C. 1352. This information will be reported to theCongress semi-annually and will be available for publicinspection. Any person who fails to file the requireddisclosure shall be subject to a civil penalty of not less than$10,000 and not more than $100,000 for each such failure.

11. Amount of Payment (check all that apply) :

$ actual planned

9. Award Amount, if known:

$

8. Federal Action Number, if known:

b. Individuals Performing Services (including address of differentfrom No. 10a.)(last name, first name, MI):

(attach Continuation Sheet(s) SF-LLL-A, if necessary)

10. a. Name and Address of Lobbying Entity(if individual, last name, first name, MI):

(attach Continuation Sheet(s) SF-LLL-A, if necessary)

EF

EXHIBIT J

HUD Form 2530 Previous Participation Certification

Document on Following Page

Previous Participation Certification OMB Approval No. 2502-0118 (Exp. 05/31/2019)

Previous editions are obsolete ref Handbook 4065.1 Form HUD-2530 (2/2013)Page 1 of 2

US Department of Housing and Urban Development US Department of AgricultureOffice of Housing/Federal Housing Commissioner Farmers Home Administration

Part I to be completed by Principals of Multifamily Projects (See instructions)

Reason for submission:

For HUD HQ/FmHA use only

1. Agency name and City where the application is filed 2. Project Name, Project Number, City and Zip Code

3. Loan or Contract amount $ 4. Number of Units or Beds 5. Section of Act 6. Type of Project (check one) Existing Rehabilitation Proposed (New)

7. List all proposed Principals and attach organization chart for all organizationsName and address of Principals and Affiliates (Name: Last, First, Middle Initial) proposing to participate 8 Role of Each Principal in Project 9. SSN or IRS Employer

Number

Certifications: The principal(s) listed above hereby apply to HUD or USDA FmHA, as the case maybe, for approval to participate as principal(s) in the role(s) and project listed above. The principal(s) each certify that all the statements made on this form are true, complete and correct to the best of their knowledge and belief and are made in good faith, including any Exhibits attached to this form. Warning: HUD will prosecute false claims and statements. Conviction may result in criminal and/or civil penalties. The principal(s) further certify that to the best of their knowledge and belief: 1. Schedule A contains a listing, for the last ten years, of every project assisted or insured by HUD, USDA FmHA and/or State and local government housing finance agencies in which the principal(s) have participated or are

now participating. 2. For the period beginning 10 years prior to the date of this certification, and except as shown on the certification:a. No mortgage on a project listed has ever been in default, assigned to the Government or foreclosed, nor has it received mortgage relief from the mortgagee;b. The principals have no defaults or noncompliance under any Conventional Contract or Turnkey Contract of Sale in connection with a public housing project; c. There are no known unresolved findings as a result of HUD audits, management reviews or other Governmental investigations concerning the principals or their projects; d. There has not been a suspension or termination of payments under any HUD assistance contract due to the principal’s fault or negligence;e. The principals have not been convicted of a felony and are not presently the subject of a complaint or indictment charging a felony. (A felony is defined as any offense punishable by imprisonment for a term exceeding one

year, but does not include any offense classified as a misdemeanor under the laws of a State and punishable by imprisonment of two years or less);f. The principals have not been suspended, debarred or otherwise restricted by any Department or Agency of the Federal Government or of a State Government from doing business with such Department or Agency;g. The principals have not defaulted on an obligation covered by a surety or performance bond and have not been the subject of a claim under an employee fidelity bond; 3. All the names of the principals who propose to participate in this project are listed above.4. None of the principals is a HUD/FmHA employee or a member of a HUD/FmHA employee's immediate household as defined in Standards of Ethical Conduct for Employees of the Executive Branch in 5 C.F.R. Part 2635

(57 FR 35006) and HUD's Standard of Conduct in 24 C.F.R. Part 0 and USDA's Standard of Conduct in 7 C.F.R. Part 0 Subpart B. 5. None of the principals is a participant in an assisted or insured project as of this date on which construction has stopped for a period in excess of 20 days or which has been substantially completed for more than 90 days and

documents for closing, including final cost certification, have not been filed with HUD or FmHA.6.None of the principals have been found by HUD or FmHA to be in noncompliance with any applicable fair housing and civil rights requirements in 24 CFR 5.105(a). (If any principals or affiliates have been found to be in

noncompliance with any requirements, attach a signed statement explaining the relevant facts, circumstances, and resolution, if any).7. None of the principals is a Member of Congress or a Resident Commissioner nor otherwise prohibited or limited by law from contracting with the Government of the United States of America. 8.Statements above (if any) to which the principal(s) cannot certify have been deleted by striking through the words with a pen, and the relevant principal(s) have initialed each deletion (if any) and have attached a true and

accurate signed statement (if applicable) to explain the facts and circumstances.Name of Principal Signature of Principal Certification Date(mm/dd/yyyy Area Code and Tel. No.

This form prepared by (print name) Area Code and Tel. No.

Previous Participation Certification OMB Approval No. 2502-0118 (Exp. 05/31/2019)

Previous editions are obsolete ref Handbook 4065.1 Form HUD-2530 (2/2013)Page 2 of 2

Schedule A: List of Previous Projects and Section 8 Contracts. Below is a complete list of the principals’ previous participation projects and participation history in multifamily Housing programs of HUD/FmHA, State and local Housing Finance Agencies. Note: Read and follow the instruction sheet carefully. Make full disclosure. Add extra sheets if you need more space. Double check for accuracy. If no previous projects, write by your name, “No previous participation, First Experience”.

1. Principals Name (Last, First) 2. List of previous projects (Project name,project ID and, Govt. agency involved )

3.List Principals’ Role(s)(indicate dates participated, and if fee or identity of interestparticipant)

4. Status of loan(current, defaulted,assigned, foreclosed)

5.Was the Project ever in default during your participation

Yes No If yes, explain

6. Last MOR rating andPhysical Insp. Score anddate

Part II- For HUD Internal Processing Only Received and checked by me for accuracy and completeness; recommend approval or refer to Headquarters after checking appropriate box.

Date (mm/dd/yyyy) Tel No. and area code A. No adverse information; form HUD-2530 approval C. Disclosure or Certification problem

recommended.

B. Name match in system D. Other (attach memorandum)

Staff Processing and Control

Supervisor Director of Housing/Director, Multifamily Division Approved

Yes No

Date (mm/dd/yyyy)

Page 1 of 2

Instructions for Completing the PreviousParticipation Certificate, form HUD-2530

Carefully read these instructions and the applicable regulations. A copy of those regulations published at 24 C.F.R. 200.210 to 200.245 can be obtained from the Multifamily Housing Representative at any HUD Office. Type or print neatly in ink when filling out this form. Mark answers in all blocks of the form. If the form is not filled completely, it will delay approval of your application.

Attach extra sheets as you need them. Be sure to indicate "Continued on Attachments" wherever appropriate. Sign each additional page that you attach if it refers to you or your record. Carefully read the certification before you sign it. Any questions regarding the form or how to complete it can be answered by your HUD Office Multifamily Housing Representative.

Purpose: This form provides HUD with a certified report of all previous participation in HUD multifamily housing projects by those parties making application. The information requested in this form is used by HUD to determine if you meet the standards established to ensure that all principal participants in HUD projects will honor their legal, financial and contractual obligations and are acceptable risks from the underwriting standpoint of an insurer, lender or governmental agency. HUD requires that you certify your record of previous participation in HUD/USDA-FmHA, State and Local Housing Finance Agency projects by completing and signing this form, before your project application or participation can be approved.

HUD approval of your certification is a necessary precondition for your participation in the project and in the capacity that you propose. If you do not file this certification, do not furnish the information requested accurately, or do not meet established standards, HUD will not approve your certification.

Note that approval of your certification does not obligate HUD to approve your project application, and it does not satisfy all other HUD program requirements relative to your qualifications.

Who Must Sign and File Form HUD-2530:Form HUD-2530 must be completed and signed by all principals applying to participate in HUD multifamily housing projects, including those who have no previous participation. The form must be signed and filed by all principals and their affiliates who propose participating in the HUD project. Use a separate form for each role in the project unless there is an identity of interest.

Principals include all individuals, joint ventures,

partnerships, corporations, trusts, non-profit organizations, any other public or private entity that will participate in the proposed project as a sponsor, owner, prime contractor, turnkey developer, managing agent, nursing home administrator or operator, packager, or consultant. Architects and attorneys who have any interest in the project other than an arm’s length fee arrangement for professional services are also considered principals by HUD.

In the case of partnerships, all general partners regardless of their percentage interest and limited partners having a 25 percent or more interest in the partnership are considered principals. In the case of public or private corporations or governmental entities, principals include the president, vice president, secretary, treasurer and all other executive officers who are directly responsible to the board of directors, or any equivalent governing body, as well as all directors and each stockholder having a 10 percent or more interest in the corporation.

Affiliates are defined as any person or business concern that directly or indirectly controls the policy of a principal or has the power to do so. A holding or parent corporation would be an example of an affiliate if one of its subsidiaries is a principal.

Exception for Corporations – All principals and affiliates must personally sign the certificate except in the following situation. When a corporation is a principal, all of its officers, directors, trustees and stockholders with 10 percent or more of the common (voting) stock need not sign personally if they all have the same record to report. The officer who is authorized to sign for the corporation or agency will list the names and title of those who elect not to sign. However, any person who has a record of participation in HUD projects that is separate from that of his or her organization must report that activity on this form and sign his or her name. The objective is full disclosure. Exemptions – The names of the following parties do not need to be listed on form HUD-2530: Public Housing Agencies, tenants, owners of less than five condominium or cooperative units and all others whose interests were acquired by inheritance or court order.

Where and When Form HUD-2530 Must BeFiled: The original of this form must be submitted to the HUD Office where your project application will be processed at the same time you file your initial project application. This form must be filed with applications for projects, or when otherwise required in the situations listed below:

• Projects to be financed with mortgages insured under

the National Housing Act (FHA).

• Projects to be financed according to Section202 of the Housing Act of 1959 (Elderly and

Handicapped).

• Projects in which 20 percent or more of the units are

to receive a subsidy as described in 24 C.F.R. 200.213.

• Purchase of a project subject to a mortgage insured

or held by the Secretary of HUD.

• Purchase of a Secretary-owned project.

• Proposed substitution or addition of a principal or principal participation in a different capacity fromthat previously approved for the same project.

• Proposed acquisition by an existing limited partner of an additional interest in a project resulting in a total interest of 25 percent or more or proposed acquisition by a corporate stockholder of an additional interest in a project resulting in a total interest of 10 percent or more.

• Projects with U.S.D.A., Farmers Home Ad- ministration, or with state or local government housing finance agencies that include rental assistance under Section 8 of the Housing Act of 1937. For projects of this type, form HUD-2530 should be filed with the appropriate applications directly to those agencies.

Review of Adverse Determination: If approval of your participation in a HUD project is denied, withheld, or conditionally granted on the basis of your record of previous participation, you will be notified by the HUD Office. You may request reconsideration by the HUD Review Committee. Alternatively, you may request a hearing before a Hearing Officer. Either request must be made in writing within 30 days from your receipt of the notice of determination.

If you do request reconsideration by the Review Committee and the reconsideration results in an adverse determination, you may then request a hearing before a Hearing Officer. The Hearing Officer will issue a report to the Review Committee. You will be notified of the final ruling by certified mail.

Specific Line Instructions:

Reason for submitting this Certification: e.g.,refinance, change in ownership, change in management agent, transfer of physical assets, etc.

Block 1: Fill in the name of the agency to which you are applying. For example: HUD Office, Farmers Home Administration District office, or the name of a State or local housing finance agency. Below that, fill in the name of the city where the office is located.

Block 2: Fill in the name of the project, such as "Greenwood Apts." If the name has not yet been selected, write "Name unknown." Below that, enter the HUD contract or project identification number, the Farmers Home Administration project number, or the State or local housing finance agency project or contract number. Include all project or contract

identification numbers that are relevant to the project. Also enter the name of the city in which the project is located, and the ZIP Code.

Block 3: Fill in the dollar amount requested in the proposed mortgage, or the annual amount of rental assistance requested.

Block 4: Fill in the number of apartment unitsproposed, such as "40 units." For hospital projects or nursing homes, fill in the number of beds proposed, such as "100 beds."

Block 5: Fill in the section of the Housing Act under which the application is filed.

Block 7: Definitions of all those who are considered principals and affiliates are given above in the section titled "Who Must Sign and File...."

Block 8: Beside the name of each principal, fill in the appropriate role. The following are examples of possible roles that the principals may assume: Owner/Mortgagor, Managing Agent, Sponsor, Developer, General Con-tractor, Packager, Consultant, Nursing Home Administrator etc.

Block 9 : Fill in the Social Security Number or IRS employer number of every principal listed, including affiliates.

Instructions for Completing Schedule A:Be sure that Schedule A is filled-in completely, accurately and the certification i s properly dated and signed, because it will serve as a legal record of your previous experience. All Multifamily Housingprojects involving HUD/ FmHA, and State and local Housing Finance Agencies in which you havepreviously participated must be listed. Applicants a r e reminded that previous participation pertains to the individual principal within an entity as well as the entity itself. A newly formed company may nothave previous participation, but the principals within the company may have had extensive participation and disclosure of that activity is required. Column 2. All previous projects must be listed or your certification cannot be processed. Include the name of all projects, project number, city where it is located and the governmental agency (HUD, USDA-FmHA or state or local housing finance agency) that was involved. Column 3. List the role(s) as a principal, dates participated and if fee or identity of interest (IOI) with owners.

Page 2 of 2

Column 4. Indicate the current status of the loan. Except for current loan, the date associated with the status is required. Loans under a workout arrangement are considered assigned. For all noncurrent loans, an explanation of the status is required. Column 5. Explain any project defaults during your participation. Column 6. Provide the latest Management Review (MOR) rating and Physical Inspection score. Certification: After you have completed all other parts of

form HUD-2530, including schedule A, read the Certification carefully. In the box below the statement of the certification, fill in the names of all principals and affiliates as listed in block 7. Each principal should sign the certification with the exception in some cases of individuals associated with a corporation (see “Exception for Corporations” in the section of the instructions titled “Who Must Sign and File Form HUD-2530). Principal who is signing on behalf of the entity should attach signature authority document. Each principal who signs the form should fill in the date of the signature and

a telephone number. By providing a telephone number, HUD can reach you in the event of any questions.

If you cannot certify and sign the certification as it is printed because some statements do not correctly describe your record, use a pen to strike through those parts that differ with your record, and then sign and certify. Attach a signed statement of explanation of the items you have struck out on the certification. Item 2e. relates to felony convictions within the past 10 years. If you are convicted of

a felony within the past 10 years, strike out 2e. and attach statement of explanation. A felony conviction will not necessarily cause your participation to be disapproved unless there is a criminal record or other evidence that your previous conduct or method of doing business has been such that your participation in the project would make it an unacceptable risk from the underwriting stand point of an insurer, lender or governmental agency.

The Department of Housing and Urban Development (HUD) is authorized to collect this information by law (42 U.S.C. 3535(d) and 24 C.F.R. 200.217) and by regulation at 24 CFR 200.210. This information is needed so that principals applying to participate in multifamily programs can become HUD-approved participants. The information you provide will enable HUD to evaluate your record with respect to established standards of performance, responsibility and eligibility. Without prior approval, a principal may not participate in a proposed or existing multifamily project. HUD uses this information to evaluate whether or not principals pose an unsatisfactory underwriting risk. The information is used to evaluate the potential principals and approve only individuals and organizations that will honor their legal, financial and contractual obligations.

Privacy Act Statement: The Housing and Community Development Act of 1987, 42 U.S.C. 3543 requires persons applying for a Federally-insured or guaranteed loan to furnish his/her Social Security Number (SSN). HUD must have your SSN for identification of your records. HUD may use your SSN for automated processing of your records and to make requests for information about you and your previous records with other public agencies and private sector sources. HUD may disclose certain information to Federal, State and local agencies when relevant to civil, criminal, or regulatory investigations and prosecutions. It will not be otherwise disclosed or released outside of HUD, except as required and permitted by law. You must provide all of the information requested in this application, including your SSN.

Public reporting burden for this collection of information is estimated to average 1 hour per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. This agency may not collect this information, and you are not required to complete this form, unless it displays a currently valid OMB control number.

A response is mandatory. Failure to provide any of the information will result in your disapproval of participation in this HUD program.

EXHIBIT K

HUD Form 5370 General Conditions for Construction Contracts

Document on Following Page

General Conditions for Construction Public Housing Programs

U.S. Department of Housing and Urban

ContractsDevelopment

- Office of Public and Indian Housing OMB Approval No. 2577-0157 (exp. 3/31/2020)

Applicability. This form is applicable to anyconstruction/development contract greater than $150,000.

This form includes those clauses required by OMB's common rule on grantee procurement, implemented at HUD in 2 CFR 200, and those requirements set forth in Section 3 of the Housing and Urban Development Act of 1968 and its amendment by the Housing and Community Development Act of 1992, implemented by HUD at 24 CFR Part 135. The form is required for construction contracts awarded 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 be unable 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 reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of 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 currently valid OMB number.

Table of ContentsClause Page Clause Page

1. Definitions 2 Administrative Requirements

Construction Requirements 28. Contract Modifications 10

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14. Temporary Buildings and Transportation Materials 6 38. 13

16. 40. 14

18. Clean Air and Water 7 42. 15

2. Contractor’s Responsibility for Work 2 25. Contract Period 93. Architect’s Duties, Responsibilities and Authority 2 26. Order of Precedence 9

4. Other Contracts 3 27. Payments 9

5. Preconstruction Conference and Notice to Proceed 3 29. Changes 106. Construction Progress Schedule 3 30. Suspension of Work 117. Site Investigation and Conditions Affecting the Work 3 31. Disputes 11 8. Differing Site Conditions 4 32. Default 11 9. Specifications and Drawings for Construction 4 33. Liquidated 12 10. As-Built Drawings 5 34. Termination of Convenience 12 11. Material and Workmanship 5 35. Assignment of Contract 1212. Permits and Codes 5 36. Insurance 12 13. Health, Safety, and Accident Prevention 6 37. Subcontracts 13

Subcontracting with Small and Minority Firms, Women’s Business Enterprise, and Labor Surplus Area Firms

15. Availability and Use of Utility Services 6 39. Equal Employment Opportunity 13Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements 6

Employment, Training, and Contracting Opportunities for Low-Income Persons, Section 3 of the Housing and Urban Development Act of 1968

17. Temporary Buildings and Transportation Materials 7 41. Interest of Members of Congress 15Interest of Members, Officers, or Employees and Former Members, Officers, or Employees

19. Energy Efficiency 7 43. Limitations on Payments Made to Influence 1520. Inspection and Acceptance of Construction 7 44. Royalties and Patents 1521. Use and Possession Prior to 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. Warranty of 8 47. Non-Federal Prevailing Wage Rates 19 24. Prohibition Against

Liens9 48. Procurement of Recovered

Materials19

1. Definitions (a) The Contractor shall furnish all necessary labor,

(a) “Architect” means the person or other entity engaged bythe PHA to perform architectural, engineering, design,and other services related to the work as provided for inthe contract. When a PHA uses an engineer to act in thiscapacity, the terms “architect” and “engineer” shall besynonymous. The Architect shall serve as a technicalrepresentative of the Contracting Officer. The Architect’s

materials, tools, equipment, and transportation necessaryfor performance of the work. The Contractor shall alsofurnish all necessary water, heat, light, and power notmade available to the Contractor by the PHA pursuant tothe clause entitled Availability and Use of Utility Servicesherein.

(b) The Contractor shall perform on the site, and with its own

authority is as set forth elsewhere in this contract.organization, work equivalent to at least [ ] (12 percentunless otherwise indicated) of the total amount of work tobe 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

(b) “Contract” means the contract entered into between thePHA and the Contractor. It includes the forms of Bid, theBid Bond, the Performance and Payment Bond or Bondsor other assurance of completion, the Certifications,Representations, and Other Statements of Bidders (formHUD-5370), these General Conditions of the Contract forConstruction (form HUD-5370), the applicable wage ratedeterminations from the U.S. Department of Labor, anyspecial conditions included elsewhere in the contract, thespecifications, and drawings. It includes all formalchanges to any of those documents by addendum,

reduction would be to the advantage of the PHA.(c) At all times during performance of this contract and until

the work is completed and accepted, the Contractor shalldirectly superintend the work or assign and have on thework site a competent superintendent who is satisfactoryto the Contracting Officer and has authority to act for theContractor.

change order, or other modification. (d) The Contractor shall be responsible for all damages to

(c) “Contracting Officer” means the person delegated the au- persons or property that occur as a result of theContractor’s fault or negligence, and shall take properthority by the PHA to enter into, administer, and/or

terminate this contract and designated as such in writingto the Contractor. The term includes any successor

safety and health precautions to protect the work, theworkers, the public, and the property of others. TheContractor shall hold and save the PHA, its officers andagents, free and harmless from liability of any natureoccasioned by the Contractor’s performance. TheContractor shall also be responsible for all materialsdelivered and work performed until completion andacceptance of the entire work, except for any completedunit of work which may have been accepted under the

Contracting Officer and any duly authorizedrepresentative of the Contracting Officer also designatedin writing. The Contracting Officer shall be deemed theauthorized agent of the PHA in all dealings with theContractor.

(d) “Contractor” means the person or other entity enteringinto the contract with the PHA to perform all of the workrequired under the contract. contract.

(e) “Drawings” means the drawings enumerated in the (e) The Contractor shall lay out the work from base lines and

schedule of drawings contained in the Specifications and as described in the contract clause entitled Specifications

bench marks indicated on the drawings and beresponsible for all lines, levels, and measurements of allwork executed under the contract. The Contractor shallverify the figures before laying out the work and will beheld responsible for any error resulting from its failure to

and Drawings for Construction herein.(f) “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 theprovisions of an Annual Contributions Contract (ACC), toprovide financial assistance to the PHA, which includesassistance in financing the work to be performed underthis contract. As defined elsewhere in these GeneralConditions or the contract documents, the determinationof HUD may be required to authorize changes in the workor for release of funds to the PHA for payment to theContractor. Notwithstanding HUD’s role, nothing in thiscontract shall be construed to create any contractual

do so. (f) The Contractor shall confine all operations (including

storage of materials) on PHA premises to areasauthorized or approved by the Contracting Officer.

(g) The Contractor shall at all times keep the work area,

relationship between the Contractor and HUD.

including storage areas, free from accumulations ofwaste materials. After completing the work and beforefinal inspection, the Contractor shall (1) remove from thepremises all scaffolding, equipment, tools, and materials(including rejected materials) that are not the property ofthe PHA and all rubbish caused by its work; (2) leave the work area in a clean, neat, and orderly conditionsatisfactory to the Contracting Officer; (3) perform allspecified tests; and, (4) deliver the installation in

(g) “Project” means the entire project, whether constructionor rehabilitation, the work for which is provided for inwhole or in part under this contract. complete and operating condition.

(h) “PHA” means the Public Housing Agency organizedunder applicable state laws which is a party to this

(h) The Contractor’s responsibility will terminate when all

contract.

work has been completed, the final inspection made, and the work accepted by the Contracting Officer. TheContractor will then be released from further obligationexcept as required by the warranties specified elsewherein the contract.

(j) “Specifications” means the written description of thetechnical requirements for construction and includes the criteria and tests for determining whether therequirements are met.

(l) “Work” means materials, workmanship, and manufacture and fabrication of components.

3. Architect’s Duties, Responsibilities, and Authority

2. Contractor’s Responsibility for Work

(a) The Architect for this contract, and any successor, shallbe designated in writing by the Contracting Officer.

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(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 be within 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.

6. Construction Progress Schedule

(a) The Contractor shall, within five days after the work

(c) The Architect’s duties and responsibilities may include but

commences 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). The schedule 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 submits

shall 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; the required schedule.

(2) Making modifications in drawings and technical (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 of

specifications and assisting the Contracting Officer in the 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 Contractor’s 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;and,

(4) Assisting in inspections, signing Certificates ofCompletion, and making recommendations withrespect to acceptance of work completed under the contract.

4. Other Contracts progress will be regained.

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, heeding any 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

(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 that the 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 clause of this contract.

7. Site Investigation and Conditions Affecting the WorkConstruction Requirements

5. Pre-construction Conference and Notice to Proceed(a) The Contractor acknowledges that it has taken steps

reasonably necessary to ascertain the nature and location of the work, and that it has investigated and satisfied itself as to the general and local conditions which can affect the work 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

(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 to receiving such notice.

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reasonably ascertainable from an inspection of the site, including all exploratory work done by the PHA, as well as from the drawings and specifications made a part of this contract. Any failure of the Contractor to take the actions described and acknowledged in this paragraph will not relieve the Contractor from responsibility for estimating properly the difficulty and cost of successfully performing the work, or for proceeding to successfully

promptly submitted to the Contracting Officer, who shall promptly make a determination in writing. Any adjustment by the Contractor without such a determination shall be at its own risk and expense. The Contracting Officer shall furnish from time to time such detailed drawings and other information as considered necessary, unless otherwise provided.

perform the work without additional expense to the PHA.

(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(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 conditionswhich 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.

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 by”, or “acceptable to”, or “satisfactoryto” the Contracting Officer, unless otherwise expresslystated.

(c) Where “as shown” “as indicated”, “as detailed”, orwords

8. Differing Site Conditionsof similar import are used, it shall be understood that the reference is made to the drawings accompanying this contract unless stated otherwise. The word “provided” as used herein shall be understood to mean “provide complete in place” that is “furnished and installed”.

(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 the

(d) “Shop drawings” means drawings, submitted to the PHA

contract.

by 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 this

(b) The Contracting Officer shall investigate the siteconditions promptly after receiving the notice. Work shallnot proceed at the affected site, except at theContractor’s risk, until the Contracting Officer hasprovided written instructions to the Contractor. If theconditions do materially so differ and cause an increaseor 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 and

contract.(e) If this contract requires shop drawings, the Contractor

the contract modified in writing accordingly.

shall 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 (f)

(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. below.

9. Specifications and Drawings for Construction(f) If shop drawings show variations from the contract

requirements, 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, the

(a) The Contractor shall keep on the work site a copy of thedrawings and specifications and shall at all times give the Contracting 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

Contracting 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

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required in the planning and production of the work. Such requests may be submitted as the need arises, but each such request shall be filed in ample time to permit appropriate action to be taken by all parties involved so

machinery and mechanical and other equipment. When required by this contract or by the Contracting Officer, the Contractor shall also obtain the Contracting Officer’s approval of the material or articles which the Contractor contemplates incorporating into the work. When requesting approval, the Contractor shall provide full information concerning the material or articles. Machinery, equipment, material, and articles that do not have the required approval shall be installed or used at the risk

as to avoid delay. (h) The Contractor shall submit to the Contracting Officer for

approval 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 revisions

of subsequent rejection. (2) When required by the specifications or the

Contracting Officer, the Contractor shall submit appropriately marked samples (and certificates related to them) for approval at the Contractor’s

made up to the time the work is completed and accepted. expense, 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 product

(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 is intended to be used.

(a) “As-built drawings,” as used in this clause, means(3) Certificates shall be submitted in triplicate, describing

each 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.

drawings submitted by the Contractor or subcontractor atany tier to show the construction of a particular structureor work as actually completed under the contract. “As-built drawings” shall be synonymous with “Recorddrawings.” (4) Approval of a sample shall not constitute a waiver of

(b) As required by the Contracting Officer, the Contractor the PHA right to demand full compliance with contractrequirements. Materials, equipment and accessoriesmay be rejected for cause even though samples have

shall 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 of

been approved.

walks.

(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.

(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 in

(6) After approval, samples will be kept in the Projectoffice until completion of work. They may be built into the 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 concerning lead-based paint contained in the Lead-Based PaintPoisoning Prevention Act (42 U.S.C. 4821-4846) asimplemented by 24 CFR Part 35.

this contract.(b) Approval of equipment and materials. 12. Permits and Codes

(1) The Contractor shall obtain the Contracting Officer’sapproval of the machinery and mechanical and otherequipment to be incorporated into the work. Whenrequesting approval, the Contractor shall furnish to the Contracting Officer the name of the manufacturer, themodel number, and other information concerning theperformance, capacity, nature, and rating of the

(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

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waivers. Before installing the work, the Contractor shall examine the drawings and the specifications for compliance with applicable codes and regulations bearing on the work and shall immediately report any discrepancy it may discover to the Contracting Officer.

14. Temporary Heating

Where the requirements of the drawings and

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.

specifications fail to comply with the applicable code or regulation, the Contracting Officer shall modify the contract by change order pursuant to the clause entitled Changes 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.

15. Availability and Use of Utility Services

(a) The PHA shall make all reasonably required amounts of

13. Health, Safety, and Accident Prevention

utilities 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 furnished

(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 promulgated

without charge.(b) The Contractor, at its expense and in a manner

by the Secretary of Labor by regulation;satisfactory 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 all thetemporary connections, distribution lines, meters, andassociated paraphernalia.

(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 et

16. Protection of Existing Vegetation, Structures,Equipment, Utilities, and Improvements

seq.; and (a) The Contractor shall preserve and protect all structures,(2) Include the terms of this clause in every subcontract equipment, and vegetation (such as trees, shrubs, and

grass) on or adjacent to the work site, which are not to be removed under this contract, and which do notunreasonably interfere with the work required under this

so that such terms will be binding on eachsubcontractor.

(c) The Contractor shall maintain an accurate record ofexposure data on all accidents incident to work performed under 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 Part

contract.(b) The Contractor shall only remove trees when specifically

1904.

authorized 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 cleancut and paint the cut with a tree-pruning compound as

(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 totake 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 any

directed by the Contracting Officer.(c) The Contractor shall protect from damage all existing

improvements 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,

stop order issued under these circumstances.

and protect as necessary all foundations and other partsof existing structures adjacent to, adjoining, and in thevicinity of the site, which may be affected by theexcavations or other operations connected with the(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 and Urban Development, or the Secretary of Labor shalldirect as a means of enforcing such provisions.

construction of the project.(e) Any equipment temporarily removed as a result of work

under this contract shall be protected, cleaned, andreplaced in the same condition as at the time of award ofthis contract.

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(f) New work which connects to existing work shall The contactor shall comply with the Clean Air Act, as amended, 42 USC 7401 et seq., the Federal Water Pollution Control Water Act, as amended, 33 U.S.C. 1251 et seq., and standards issued pursuant thereto in the facilities in which this contract is to be performed.

correspond in all respects with that to which it connects and/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 specified 19. Energy Efficiencyin 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 is

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 the contract is performed.

20. Inspection and Acceptance of Construction

(a) Definitions. As used in this clause -specified in the plans or specifications. (1) “Acceptance” means the act of an authorized

representative 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 work

(i) The Contractor shall give all required notices to anyadjoining or adjacent property owner or other party beforethe commencement of any work.

(j) 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 their

performed under the contract (including, whenappropriate, raw materials, equipment, components, andintermediate assemblies) to determine whether itconforms to contract requirements.

premises.

(3) “Testing” means that element of inspection thatdetermines the properties or elements, includingfunctional operation of materials, equipment, or theircomponents, by the application of established scientific (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 Officer may have the necessary work performed and charge the costto the Contractor.

principles and procedures. (b) The Contractor shall maintain an adequate inspection

system 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 the17. Temporary Buildings and Transportation of Materials PHA and do not: (1) relieve the Contractor of

responsibility 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 the

(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 Officer, thebuildings and utilities may be abandoned and need not

completed work under paragraph (j) below.(d) The presence or absence of the PHA inspector does not

relieve the Contractor from any contract requirement, noris the inspector authorized to change any term orcondition of the specifications without the ContractingOfficer’s written authorization. All instructions and

be removed. approvals with respect to the work shall be given to the(b) The Contractor shall, as directed by the Contracting Contractor by the Contracting Officer.

Officer, 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 them from damage. The Contractor shall repair or pay for therepair of any damaged curbs, sidewalks, or roads.

(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, andperformance tests shall be performed as described in the contract.

18. Clean Air and Water

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(f) The PHA may conduct routine inspections of the occupied without proper remuneration therefore. If prior possession or use by the PHA delays the progress of the work or causes additional expense to the Contractor, an equitable adjustment shall be made in the contract price or the time of completion, and the contract shall be modified in writing accordingly.

construction site on a daily basis.(g) The Contractor shall, without charge, replace or correct

work 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 from 22. Warranty of Titlethe premises.

(h) If the Contractor does not promptly replace or correct The Contractor warrants good title to all 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.

rejected 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 Contractor’sright to proceed.

(i) If any work requiring inspection is covered up without ap- proval of the PHA, it must, if requested by the Contracting Officer, 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, an

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 takes

extension of time. possession. (j) The Contractor shall notify the Contracting Officer, in (b) The Contractor shall remedy, at the Contractor’s

writing, 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.

expense, 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 Contractor’s 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. The Contractor’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, in21. Use and Possession Prior to Completion writing, within a reasonable time after the discovery of

any failure, defect or damage.(a) The PHA shall have the right to take possession of or use

any 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 of the contract. The PHA’s possession or use shall not be

(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.

(f) 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

deemed an acceptance of any work under the contract. commercial practice;(b) While the PHA has such possession or use, the (2) Require all warranties to be executed in writing, for the

Contractor shall be relieved of the responsibility for (1) the loss 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

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.

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(h) Unless a defect is caused by the negligence of the basis for determining progress payments. The breakdown shall be approved by the Contracting Officer and must be acceptable to HUD. If the contract covers more than one

Contractor or subcontractor or supplier at any tier, theContractor shall not be liable for the repair of any defect of material or design furnished by the PHA nor for the repairof any damage that results from any defect in PHA

project, the Contractor shall furnish a separate

furnished material or design.breakdown for each. The values and quantities employed in making up this breakdown are for determining the amount of progress payments and shall not be construed as a basis for additions to or deductions from the contract price. The Contractor shall prorate its overhead and profit

(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.

over the construction period of the contract. (d) The Contractor shall submit, on forms provided by the

PHA, periodic estimates showing the value of the work performed during each period based upon the approved

submitted not later than days in advance of(j) This warranty shall not limit the PHA’s rights under the the date set for payment and are subject to correction and

revision 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 a

Inspection and Acceptance of Construction clause of this contract with respect to latent defects, gross mistakes or fraud.

24. Prohibition Against Liens separate progress payment estimate for each.

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.

(e) Along with each request for progress payments and the required estimates, the Contractor shall furnish thefollowing certification, or payment shall not be made: Ihereby certify, to the best of my knowledge and belief,that:

Administrative Requirements (1) The amounts requested are only for performance in accordance with the specifications, terms, and

25. Contract Period conditions of the contract;(2) Payments to subcontractors and suppliers have been

made 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,

this contract within calendar days of the effective date of the contract, or within the time schedule established in the notice to proceed issued by the Contracting Officer. (3) This request for progress payments does not include

26. Order of Provisions

any amounts which the prime contractor intends towithhold or retain from a subcontractor or supplier in accordance with the terms and conditions of thesubcontract.In the event of a conflict between these General

Conditions and the Specifications, the GeneralConditions shall prevail. In the event of a conflict between the 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.

Name:

Title:

Date:

27. Payments (f) Except as otherwise provided in State law, the PHA shall

(a) The PHA shall pay the Contractor the price as provided in

retain 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,

this contract.(b) The PHA shall make progress payments approximately

every 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 are

the PHA may make the remaining payments in full for the work 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 and

qualified small businesses.(c) Before the first progress payment under this contract, the

Contractor 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

progress are satisfactory.(g) The Contracting Officer may authorize material delivered

on the site and preparatory work done to be taken intoconsideration when computing progress payments.

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Material delivered to the Contractor at locations other than the site may also be taken into consideration if the Contractor furnishes satisfactory evidence that (1) it has acquired title to such material; (2) the material is properly stored in a bonded warehouse, storage yard, or similar suitable place as may be approved by the Contracting Officer; (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 delivered material is made, the Contractor shall furnish such documentation as the Contracting Officer may require to assure the protection of the PHA’s interest in such materials. The Contractor shall remain responsible for such stored material notwithstanding the transfer of title

responsibilities of the parties (e.g., change in the PHA address). All other contract modifications shall be in the form of supplemental agreements signed by the Contractor 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 notice

to the PHA. to 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;

(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 the right of the PHA to require the fulfillment of all of the termsof the contract. In the event the work of the Contractor has been 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 directly

(3) PHA-furnished facilities, equipment, materials,services, or site; or,

(4) Directing the acceleration in the performance of the

caused it.

work.(b) Any other written order or oral order (which, as used in

this paragraph (b), includes direction, instruction,interpretation, or determination) from the ContractingOfficer 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 a(i) The PHA shall make the final payment due the Contractor

under this contract after (1) completion and final acceptance of all work; and (2) presentation of release of all claims against the PHA arising by virtue of this contract, other than claims, in stated amounts, that the Contractor has specifically excepted from the operation of the release. Each such exception shall embrace no more than one claim, the basis and scope of which shall be clearly defined. The amounts for such excepted claims shall not be included in the request for final payment. A release may also be required of the assignee if the Contractor’s claim to amounts payable under this contract

change order. (c) Except as provided in this clause, no order, statement or

conduct 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 or

has been assigned.

decrease 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 proposal for any change under paragraph (b) above shall beallowed for any costs 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 with

(j) Prior to making any payment, the Contracting Officer mayrequire the Contractor to furnish receipts or otherevidence of payment from all persons performing work and 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 for payment 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.

the defective specifications.(e) The Contractor must assert its right to an adjustment

28. Contract Modifications

under 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 final(a) Only the Contracting Officer has authority to modify any

term or condition of this contract. Any contract payment under this contract.modification shall be authorized in writing. (f) The Contractor’s written proposal for equitable

adjustment shall be submitted in the form of a lump sumproposal supported with an itemized breakdown of allincreases and decreases in the contract in at least thefollowing details:

(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

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(1) Direct Costs. Materials (list individual items, the been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the Contractor or for which any equitable adjustment is provided for or excluded under any other provision of this contract.

quantity 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 be determined in accordance with the Contract Cost Principles and Procedures for Commercial Firms in Part 31 of the Federal Acquisition Regulation (48 CFR 1-31), as implemented by HUD Handbook 2210.18, in effect on the date of this contract. The Contractor shall not be

(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 act or 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

allowed a profit on the profit received by any

(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.

subcontractor. Equitable adjustments for deleted work shall include a credit for profit and may include a credit for indirect costs. On proposals covering both increases and decreases in the amount of the contract, the application of indirect costs and profit shall be on the net-change in direct costs for the Contractor or subcontractor performing the work.

(g) The Contractor shall include in the proposal its requestfor time extension (if any), and shall include sufficientinformation and dates to demonstrate whether and towhat extent the change will delay the completion of the

(b) Except for disputes arising under the clauses entitled

contract in its entirety.

Labor 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 be

(h) The Contracting Officer shall act on proposals within 30days after their receipt, or notify the Contractor of the

resolved under this clause.(c) All claims by the Contractor shall be made in writing and

date when such action will be taken. submitted 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 the

(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 prior order from the Contracting Officer.

decision will be made.(e) The Contracting Officer’s decision shall be final unless

30. Suspension of Workthe 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 the

(a) The Contracting Officer may order the Contractor inwriting to suspend, delay, or interrupt all or any part of the work of this contract for the period of time that theContracting Officer determines appropriate for the Contracting Officer’s decision.convenience of the PHA. (f) The Contractor shall proceed diligently with performance

(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 ContractingOfficer’s failure to act within the time specified (or within a reasonable time if not specified) in this contract anadjustment shall be made for any increase in the cost ofperformance of the contract (excluding profit) necessarilycaused 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

of 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, or any 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, by written notice to the Contractor, terminate the right to

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proceed with the work (or separable part of the work) that has been delayed. In this event, the PHA may take over the work and complete it, by contract or otherwise, and may take possession of and use any materials, equipment, and plant on the work site necessary for completing the work. The Contractor and its sureties shall be liable for any damage to the PHA resulting from the Contractor’s refusal or failure to complete the work within

completion of the work together with any increased costs occasioned the PHA in completing the work.

(c) If the PHA does not terminate the Contractor’s right toproceed, the resulting damage will consist of liquidated damages until the work is completed or accepted.

34. Termination for Convenience

the specified time, whether or not the Contractor’s right to proceed with the work is terminated. This liability includes any increased costs incurred by the PHA in completing

(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 upon

the work. (b) The Contractor’s right to proceed shall not be terminated

or the Contractor charged with damages under thisclause if—(1) The delay in completing the work arises from which such termination becomes effective.

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

(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 expresslythe Disputes clause of this contract. made 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.

35. Assignment of Contract

33. Liquidated Damages

The Contractor shall not assign or transfer any interest in this 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 remainingmember(s) of such partnership as approved by theContracting Officer.

(a) If the Contractor fails to complete the work within the timespecified in the contract, or any extension, as specified in the clause entitled Default of this contract, the Contractorshall pay to the PHA as liquidated damages, the sum of

Contracting Officer insert amount] for$each day of delay. If different completion dates arespecified in the contract for separate parts or stages of the work, 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 than

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:

by delay. (1) Workers’ Compensation, in accordance with state or(b) If the PHA terminates the Contractor’s right to proceed, Territorial Workers’ Compensation laws.

the resulting damage will consist of liquidated damages until such reasonable time as may be required for final

(2) Commercial General Liability with a combined single

than $ limit for bodily injury and property damage of not less

[Contracting Officer insert amount]

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per occurrence to protect the Contractor and each subcontractor against claims for bodily injury or death and damage to the property of others. This shall cover the use of all equipment, hoists, and vehicles

(2) “Subcontractor” means any supplier, vendor, or firm that furnishes supplies, materials, equipment, orservices to or for the Contractor or anothersubcontractor.

on the site(s) not covered by Automobile Liability (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 contracting

under (3) below. If the Contractor has a "claims made” policy, then the following additional requirements apply: the policy must provide a “retroactive date” which must be on or before the programs by any agency of the United Statesexecution date of the Contract; and the extended reporting period may not be less than five years

Government or of the state in which the work under thiscontract is to be performed.

following the completion date of the Contract. (c) The Contractor shall be as fully responsible for the acts or omissions of its subcontractors, and of persons eitherdirectly or indirectly employed by them as for the acts oromissions of persons directly employed by the

(3) Automobile Liability on owned and non -owned motorvehicles used on the site(s) or in connection therewithfor a combined single limit for bodily injury andproperty damage of not less than $ Contractor.[Contracting Officer insert amount] per occurrence. (d) The Contractor shall insert appropriate clauses in all

(b) Before commencing work, the Contractor shall furnish the subcontracts to bind subcontractors to the terms andconditions of this contract insofar as they are applicablePHA with a certificate of insurance evidencing that

Builder’s Risk (fire and extended coverage) Insurance onall 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 to

to the work of subcontractors. (e) Nothing contained in this contract shall create any

contractual relationship between any subcontractor and the 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 requirements

include such work.of the contract permit, which encourage participation by small and minority businesses and women’s business

(c) All insurance shall be carried with companies which are enterprises; andfinancially responsible and admitted to do business in the State 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.

(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,

37. Subcontracts color, religion, sex, national origin, or handicap.(b) The Contractor shall take affirmative action to ensure that

(a) Definitions. As used in this contract - applicants 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.

(1) “Subcontract” means any contract, purchase order, orother 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.

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(c) The Contractor shall post in conspicuous places available (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. 1701u(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 extent feasible, be directed to low- and very low-income persons, particularly personswho are recipients of HUD assistance for

to employees and applicants for employment the notices to be provided by the Contracting Officer that explain thisclause.

(d) The Contractor shall, in all solicitations oradvertisements for employees placed by or on behalf ofthe Contractor, state that all qualified applicants willreceive consideration for employment without regard torace, color, religion, sex, national origin, or handicap.

(e) The Contractor shall send, to each labor union or housing. 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 theContractor’s commitments under this clause, and postcopies of the notice in conspicuous places available to

(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.

employees and applicants for employment. (c) The contractor agrees to send to each labor organizationor representative of workers with which the contractor has a 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 the section 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 person(s) taking applications foreach of the positions; and the

(f) 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, Section 503 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, andorders.

(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,

anticipated date the work shall begin.(d) The contractor agrees to include this section 3 clause in

every 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 in

or as otherwise provided by law. violation of the regulations in 24 CFR Part 135.(i) The Contractor shall include the terms and conditions of (e) The contractor will certify that any vacant employment

this clause in every subcontract or 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 the

positions, 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.

(f) Noncompliance with HUD's regulations in 24 CFR Part135 may result in sanctions, termination of this contract for default, and debarment or suspension from futureHUD assisted contracts.

interests of the United States.

(g) With respect to work performed in connection with section 3 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).

(j) Compliance with the requirements of this clause shall beto the maximum extent consistent with, but not inderogation of, compliance with section 7(b) of the IndianSelf-Determination and Education Assistance Act and the Indian Preference clause of this contract.

40. Employment, Training, and ContractingOpportunities for Low-Income Persons, Section 3 ofthe Housing and Urban Development Act of 1968.

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41. Interest of Members of Congress (a) The PHA, HUD, or Comptroller General of the United

No member of or delegate to the Congress of the United States of America shall be admitted to any share or part of this contract or to any benefit that may arise therefrom.

States, 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,42. Interest of Members, Officers, or Employees and

Former Members, Officers, or Employees excerpts, and transcriptions.

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.

(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.

43. Limitations on Payments made to Influence CertainFederal Financial Transactions

(c) The periods of access and examination in paragraphs (a)and (b) above for records relating to (1) appeals under the Disputes 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.

(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 any

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 shall apply to the development or construction work to beperformed under the contract.

(a) Minimum Wages.

Federal contract, grant, loan, or cooperative agreement.

(1) All laborers and mechanics employed under thiscontract in the development or construction of theproject(s) 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 Act on 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 performing

(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 person for 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.

work in more than one classification may be

45. Examination and Retention of Contractor’s Records

compensated 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

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be posted at all times by the Contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the

amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program; provided, that the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or

workers.(2) (i) Any class of laborers or mechanics, including

helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefor only when all the following criteria have been met: (A) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (B) The classification is utilized in the area by the construction industry; and (C) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage

program.

determination.

(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 the

(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.

respective employees to whom they are due.(c) Payrolls and basic records.

(1) Payrolls and basic records relating thereto shall be(iii) In the event the Contractor, the laborers or maintained by the Contractor during the course of the

work 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.

mechanics 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 HUD or 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 as part of the wages of any laborer or mechanic the

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Page 16 of 19 form HUD-5370 (1/2014)

(2) (i) The Contractor shall submit weekly for each week make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. in which any contract work is performed a copy of

all payrolls to the Contracting Officer for (d) (1) Apprentices. Apprentices will be permitted to work attransmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under subparagraph (c)(1) of this clause. This information may be submitted in any form desired. Optional Form WH-347 (Federal Stock Number 029-005-00014-1) is available for this purpose and may 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 OMB

less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship and Training, Employer andLabor Services (OATELS), or with a State Apprenticeship Agency recognized by OATELS, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by OATELS or a State Apprenticeship Agency (where

Control Number 1214-0149.) appropriate) to be eligible for probationary (ii) Each payroll submitted shall be accompanied by a employment as an apprentice. The allowable ratio of

apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the Contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated in this paragraph, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman’s

“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 hourly rate) specified in the Contractor’s or

(C) That each laborer or mechanic has been paid not less than the applicable wage rates andfringe benefits or cash equivalents for theclassification of work performed, as specifiedin the applicable wage determination

subcontractor’s registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice’s level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator of the Wage and Hour Division determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event OATELS, or a State Apprenticeship Agency recognized by OATELS, withdraws approval of an apprenticeship program, the Contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable

incorporated into the contract.(iii) The weekly submission of a properly executed

certification set forth on the reverse side ofOptional Form WH-347 shall satisfy therequirements for submission of the “Statement of Compliance” required by subparagraph (c)(2)(ii) ofthis clause.

(iv) The falsification of any of the above certificationsmay subject the Contractor or subcontractor to civil or 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 or

program is approved. (2) Trainees. Except as provided in 29 CFR 5.16,

its designee may, after written notice to the

trainees will not be permitted to work at less than thepredetermined rate for the work performed unless theyare employed pursuant to and individually registered in a program which has received prior approval,evidenced by formal certification by the U.S.Department of Labor, Employment and TrainingAdministration. The ratio of trainees to journeymen onthe job site shall not be greater than permitted under

Contractor, take such action as may be necessary to cause the suspension of any further payment,advance, or guarantee of funds. Furthermore, failureto submit the required records upon request or to

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the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee’s level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed in the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate in the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate in the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate in the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the Contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed

(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 the Davis-Bacon Act or 29 CFR 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 and

until an acceptable program is approved.

subcontractor 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 (j)(1) of this clause, in thesum of $10 for each calendar day on which suchindividual was required or permitted to work in excessof the standard workweek of 40 hours withoutpayment of the overtime wages required byprovisions set forth in subparagraph (j)(1) of this

(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. clause.

(f) Contract termination; debarment. A breach of this contract clause may be grounds for termination of the contract andfor debarment as a Contractor and a subcontractor asprovided in 29 CFR 5.12.

(3) Withholding for unpaid wages and liquidated

(g) Compliance with Davis-Bacon and related Actrequirements. All rulings and interpretations of the Davis-

damages. 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 (j)(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.

Bacon and related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in thiscontract.

(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 in 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).

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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 with the U.S. Department of Labor (DOL) or a DOL- recognized State Apprenticeship Agency; or

(c) An applicable trainee wage rate based thereon specified in 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 highest percentage of recovered materials practicable, consistentwith maintaining a satisfactory level of competition. TheContractor shall procure items designated in the EPAguidelines that contain the highest percentage ofrecovered 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.

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EXHIBIT L

HUD Form 2554 Supplementary for Construction

Document on Following Page

form HUD-2554 (12/20/2005)ref. Handbook 4571.1Replaces FHA-2554 which is obsolete. Page 1 of 4

Supplementary Conditions ofthe Contract for Construction

Article 1 – Labor StandardsInstructionsWhenever only FHA mortgage insurance is involved, use paragraph(A) and (C) of Article 1 – Labor Standards. Whenever any direct formof assistance (Section 8, Section 202/811 Capital Advance, grantsetc.) is involved, use paragraphs (A) and (B) and (C) of Article 1 –Labor Standards.ApplicabilityThe Project or Program to which the construction work covered bythis contract pertains is being assisted or insured by the UnitedStates of America and the following Federal Labor Standards Provi-sions are included in this Contract or related instrument pursuant to theprovisions applicable to such Federal assistance or insurance.A. 1. (i) Minimum Wages. All laborers and mechanics employedor working upon the site of the work (or under the United StatesHousing Act of 1937 or under the Housing Act of 1949 in theconstruction or development of the project), will be paid uncondition-ally and not less often than once a week, and without subsequentdeduction or rebate on any account (except such payroll deductionsas are permitted by regulations issued by the Secretary of Laborunder the Copeland Act (29 CFR Part 3), the full amount of wagesand bona fide fringe benefits (or cash equivalents thereof) due attime of payment computed at rates not less than those contained inthe wage determination of the Secretary of Labor which is attachedhereto and made a part hereof, regardless of any contractualrelationship which may be alleged to exist between the contractorand such laborers and mechanics. Contributions made or costsreasonably anticipated for bona fide fringe benefits under Section1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanicsare considered wages paid to such laborers or mechanics, subjectto the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributionsmade or costs incurred for more than a weekly period (but not lessoften than quarterly) under plans, funds, or programs, which coverthe particular weekly period, are deemed to be constructively madeor incurred during such weekly period.

Such laborers and mechanics shall be paid the appropriate wagerate and fringe benefits on the wage determination for the classifica-tion of work actually performed, without regard to skill, except asprovided in 29 CFR Part 5.5(a)(4). Laborers or mechanics perform-ing work in more than one classification may be compensated at therate specified for each classification for the time actually workedtherein: Provided, That the employer's payroll records accurately setforth the time spent in each classification in which work is performed.The wage determination (including any additional classification andwage rates conformed under 29 CFR Part 5.5(a)(1)(ii) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the contractorand its subcontractors at the site of the work in a prominent andaccessible place where it can be easily seen by the workers.

(ii) (a) Any class of laborers or mechanics which is notlisted in the wage determination and which is to be employed underthe contract shall be classified in conformance with the wagedetermination. HUD shall approve an additional classification andwage rate and fringe benefits therefore only when the followingcriteria have been met:

(1) The work to be performed by the classification

requested is not performed by a classification in thewage determination; and

(2) The classification is utilized in the area by theconstruction industry; and(3) The proposed wage rate, including any bona fidefringe benefits, bears a reasonable relationship to thewage rates contained in the wage determination.(b) If the contractor and the laborers and mechanics to

be employed in the classification (if known), or their representatives,and HUD or its designee agree on the classification and wage rate(including the amount designated for fringe benefits where appropri-ate), a report of the action taken shall be sent by HUD or its designeeto the Administrator of the Wage and Hour Division, EmploymentStandards Administration, U.S. Department of Labor, Washington,D.C. 20210. The Administrator, or an authorized representative, willapprove, modify, or disapprove every additional classification actionwithin 30 days of receipt and so advise HUD or its designee or willnotify HUD or its designee within the 30-day period that additionaltime is necessary. (Approved by the Office of Management andBudget under OMB control number 1215-0140.)

(c) In the event the contractor, the laborers or mechan-ics to be employed in the classification or their representatives, andHUD or its designee do not agree on the proposed classification andwage rate (including the amount designated for fringe benefits,where appropriate), HUD or its designee shall refer the questions,including the views of all interested parties and the recommendationof HUD or its designee, to the Administrator for determination. TheAdministrator, or an authorized representative, will issue a determi-nation within 30 days of receipt and so advise HUD or its designeeor will notify HUD or its designee within the 30-day period thatadditional time is necessary. (Approved by the Office of Manage-ment and Budget under OMB Control Number 1215-0140.)

(d) The wage rate (including fringe benefits whereappropriate) determined pursuant to subparagraphs A.1.(ii)(b) or (c)of this paragraph, shall be paid to all workers performing work in theclassification under this contract from the first day on which work isperformed in the classification.

(iii) Whenever the minimum wage rate prescribed in thecontract for a class of laborers or mechanics includes a fringe benefitwhich is not expressed as an hourly rate, the contractor shall eitherpay the benefit as stated in the wage determination or shall payanother bona fide fringe benefit or an hourly cash equivalent thereof.

(iv) If the contractor does not make payments to a trustee orother third person, the contractor may consider as part of the wagesof any laborer or mechanic the amount of any costs reasonablyanticipated in providing bona fide fringe benefits under a plan orprogram, Provided, That the Secretary of Labor has found, upon thewritten request of the contractor, that the applicable standards of theDavis-Bacon Act have been met. The Secretary of Labor may requirethe contractor to set aside in a separate account assets for the meetingof obligations under the plan or program. (Approved by the Office ofManagement and Budget under OMB Control Number 1215-0140.)

2. Withholding. HUD or its designee shall upon its own actionor upon written request of an authorized representative of theDepartment of Labor withhold or cause to be withheld from thecontractor under this contract or any other Federal contract with the

U.S. Department of Housingand Urban DevelopmentOffice of HousingFederal Housing Commissioner

Public reporting burden for this collection of information is estimated to average 30 minutes per response, including the time for reviewing instructions,searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. This informa-tion is required to obtain benefits and voluntary. HUD may not collect this information, and you are not required to complete this form, unless it displaysa currently valid OMB control number.

This information collection is necessary to ensure that viable projects are developed. It is important to obtain information from applicants to assistHUD in determining if nonprofit organizations initially funded continue to have the financial and administrative capacity needed to develop a project andthat the project design meets the needs of the residents. The Department will use this information to sets forth the obligations of the contractor orsubcontractor performing under the covered contract. This information is required in order to obtain benefits. This information is considered non-

sensitive and no assurance of confidentiality is provided.

OMB Approval No. 2502-0470

(Expires 12/31/2016)

form HUD-2554 (12/20/2005)ref. Handbook 4571.1Replaces FHA-2554 which is obsolete. Page 2 of 4

same prime contractor, or any other Federally-assisted contractsubject to Davis-Bacon prevailing wage requirements, which is heldby the same prime contractor so much of the accrued payments oradvances as may be considered necessary to pay laborers andmechanics, including apprentices, trainees and helpers, employedby the contractor or any subcontractor the full amount of wagesrequired by the contract. In the event of failure to pay any laborer ormechanic, including any apprentice, trainee or helper, employed orworking on the site of the work (or under the United States HousingAct of 1937 or under the Housing Act of 1949 in the construction ordevelopment of the project), all or part of the wages required by thecontract, HUD or its designee may, after written notice to thecontractor, sponsor, applicant, or owner, take such action as may benecessary to cause the suspension of any further payment, ad-vance, or guarantee of funds until such violations have ceased. HUDor its designee may, after written notice to the contractor, disbursesuch amounts withheld for and on account of the contractor orsubcontractor to the respective employees to whom they are due. TheComptroller General shall make such disbursements in the case ofdirect Davis-Bacon Act contracts.

3. (i) Payrolls and basic records. Payrolls and basic recordsrelating thereto shall be maintained by the contractor during the courseof the work and preserved for a period of three years thereafter for alllaborers and mechanics working at the site of the work (or under theUnited States Housing Act of 1937, or under the Housing Act of 1949,in the construction or development of the project). Such records shallcontain the name, address, and social security number of each suchworker, his or her correct classification, hourly rates of wages paid(including rates of contributions or costs anticipated for bona fide fringebenefits or cash equivalents thereof of the types described in Section1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hoursworked, deductions made and actual wages paid. Whenever theSecretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wagesof any laborer or mechanic include the amount of any costs reasonablyanticipated in providing benefits under a plan or program described inSection 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintainrecords which show that the commitment to provide such benefits isenforceable, that the plan or program is financially responsible, and thatthe plan or program has been communicated in writing to the laborersor mechanics affected, and records which show the costs anticipated orthe actual cost incurred in providing such benefits. Contractors employ-ing apprentices or trainees under approved programs shall maintainwritten evidence of the registration of apprenticeship programs andcertification of trainee programs, the registration of the apprentices andtrainees, and the ratios and wage rates prescribed in the applicableprograms. (Approved by the Office of Management and budget underOMB Control Numbers 1215-0140 and 1215-0017.)

(ii) (a) The contractor shall submit weekly for each week inwhich any contract work is performed a copy of all payrolls to HUDor its designee if the agency is a party to the contract, but if theagency is not such a party, the contractor will submit the payrolls tothe applicant, sponsor, or owner, as the case may be, for transmis-sion to HUD or its designee. The payrolls submitted shall set outaccurately and completely all of the information required to bemaintained under 29 CFR Part 5.5(a)(3)(i). This information may besubmitted in any form desired. Optional Form WH-347 is available forthis purpose and may be purchased from the Superintendent ofDocuments (Federal Stock Number 029-005-00014-1), U.S. Gov-ernment Printing Office, Washington, D.C. 20402. The prime con-tractor is responsible for the submission of copies of payrolls by allsubcontractors. (Approved by the Office of Management and Budgetunder OMB Control Number 1215-0149.)

(b) Each payroll submitted shall be accompanied by a“Statement of Compliance,” signed by the contractor or subcontrac-tor or his or her agent who pays or supervises the payment of thepersons employed under the contract and shall certify the following:

(1) That the payroll for the payroll period contains theinformation required to be maintained under 29 CFRPart 5.5(a)(3)(i) and that such information is correct andcomplete;(2) That each laborer or mechanic (including each

helper, apprentice, and trainee) employed on the con-tract during the payroll period has been paid the fullweekly wages earned, without rebate, either directly orindirectly, and that no deductions have been made eitherdirectly or indirectly from the full wages earned, otherthan permissable deductions as set forth in 29 CFR Part3;(3) That each laborer or mechanic has been paid notless than the applicable wage rates and fringe benefitsor cash equivalents for the classification of work per-formed, as specified in the applicable wage determina-tion incorporated into the contract.(c) The weekly submission of a properly executed

certification set forth on the reverse side of Optional Form WH-347shall satisfy the requirement for submission of the “Statement ofCompliance” required by paragraph A.3.(ii)(b) of this section.

(d) The falsification of any of the above certificationsmay subject the contractor or subcontractor to civil or criminalprosecution under Section 1001 of Title 18 and Section 231 of Title31 of the United States Code.

(iii) The contractor or subcontractor shall make the recordsrequired under paragraph A.3.(i) of this section available for inspec-tion, copying, or transcription by authorized representatives of HUDor its designee or the Department of Labor, and shall permit suchrepresentatives to interview employees during working hours on thejob. If the contractor or subcontractor fails to submit the requiredrecords or to make them available, HUD or its designee may, afterwritten notice to the contractor, sponsor, applicant, or owner, takesuch action as may be necessary to cause the suspension of anyfurther payment, advance, or guarantee of funds. Furthermore,failure to submit the required records upon request or to make suchrecords available may be grounds for debarment action pursuant to29 CFR Part 5.12.

4. (i) Apprentices and Trainees. Apprentices. Apprenticeswill be permitted to work at less than the predetermined rate for thework they performed when they are employed pursuant to andindividually registered in a bona fide apprenticeship program regis-tered with the U.S. Department of Labor, Employment and TrainingAdministration, Bureau of Apprenticeship and Training, or with aState Apprenticeship Agency recognized by the Bureau, or if aperson is employed in his or her first 90 days of probationaryemployment as an apprentice in such an apprenticeship program,who is not individually registered in the program, but who has beencertified by the Bureau of Apprenticeship and Training or a StateApprenticeship Agency (where appropriate) to be eligible for proba-tionary employment as an apprentice. The allowable ratio of appren-tices to journeymen on the job site in any craft classification shall notbe greater than the ratio permitted to the contractor as to the entirework force under the registered program. Any worker listed on apayroll at an apprentice wage rate, who is not registered or otherwiseemployed as stated above, shall be paid not less than the applicablewage rate on the wage determination for the classification of workactually performed. In addition, any apprentice performing work onthe job site in excess of the ratio permitted under the registeredprogram shall be paid not less than the applicable wage rate on thewage determination for the work actually performed. Where a con-tractor is performing construction on a project in a locality other thanthat in which its program is registered, the ratios and wage rates(expressed in percentages of the journeyman's hourly rate) speci-fied in the contractor's or subcontractor's registered program shall beobserved. Every apprentice must be paid at not less than the ratespecified in the registered program for the apprentice's level ofprogress, expressed as a percentage of the journeymen hourly ratespecified in the applicable wage determination. Apprentices shall bepaid fringe benefits in accordance with the provisions of the appren-ticeship program. If the apprenticeship program does not specifyfringe benefits, apprentices must be paid the full amount of fringebenefits listed on the wage determination for the applicable classifi-cation. If the Administrator determines that a different practiceprevails for the applicable apprentice classification, fringes shall bepaid in accordance with that determination. In the event the Bureau

form HUD-2554 (12/20/2005)ref. Handbook 4571.1Replaces FHA-2554 which is obsolete. Page 3 of 4

of Apprenticeship and Training, or a State Apprenticeship Agencyrecognized by the Bureau, withdraws approval of an apprenticeshipprogram, the contractor will no longer be permitted to utilize appren-tices at less than the applicable predetermined rate for the workperformed until an acceptable program is approved.

(ii) Trainees. Except as provided in 29 CFR 5.16, traineeswill not be permitted to work at less than the predetermined rate forthe work performed unless they are employed pursuant to andindividually registered in a program which has received prior ap-proval, evidenced by formal certification by the U.S. Department ofLabor, Employment and Training Administration. The ratio of train-ees to journeymen on the job site shall not be greater than permittedunder the plan approved by the Employment and Training Adminis-tration. Every trainee must be paid at not less than the rate specifiedin the approved program for the trainee's level of progress, ex-pressed as a percentage of the journeyman's hourly rate specified inthe applicable wage determination. Trainees shall be paid fringebenefits in accordance with the provisions of the trainee program. Ifthe trainee program does not mention fringe benefits, trainees shallbe paid the full amount of fringe benefits listed on the wage determi-nation unless the Administrator of the Wage and Hour Divisiondetermines that there is an apprenticeship program associated withthe corresponding journeyman wage rate on the wage determinationwhich provides for less than full fringe benefits for apprentices. Anyemployee listed on the payroll at a trainee rate who is not registeredand participating in a training plan approved by the Employment andTraining Administration shall be paid not less than the applicablewage rate on the wage determination for the classification of workactually performed. In addition, any trainee performing work on thejob site in excess of the ratio permitted under the registered programshall be paid not less than the applicable wage rate on the wagedetermination for the work actually performed. In the event theEmployment and Training Administration withdraws approval of atraining program, the contractor will no longer be permitted to utilizetrainees at less than the applicable predetermined rate for the workperformed until an acceptable program is approved.

(iii) Equal employment opportunity. The utilization ofapprentices, trainees and journeymen under this part shall be inconformity with the equal employment opportunity requirements ofExecutive Order 11246, as amended, and 29 CFR Part 30.

5. Compliance with Copeland Act Requirements. The con-tractor shall comply with the requirements of 29 CFR Part 3 which areincorporated by reference in this contract.

6. Subcontracts. The contractor or subcontractor will insert inany subcontracts the clauses contained in 29 CFR 5.5(a)(1) through(10) and such other clauses as HUD or its designee may beappropriate instructions require, and also a clause requiring thesubcontractors to include these clauses in any lower tier subcon-tracts. The prime contractor shall be responsible for the complianceby any subcontractor or lower tier subcontractor with all the contractclauses in 29 CFR Part 5.5.

7. Contract termination; debarment. A breach of the contractclauses in 29 CFR 5.5 may be grounds for termination of the contract,and for debarment as a contractor and a subcontractor as providedin 29 CFR 5.12.

8. Compliance with Davis-Bacon and Related Act Require-ments. All rulings and interpretations of the Davis-Bacon andRelated Acts contained in 29 CFR Parts 1, 3, and 5 are hereinincorporated by reference in this contract.

9. Disputes concerning labor standards. Disputes arisingout of the labor standards provisions of this contract shall not besubject to the general disputes clause of this contract. Such disputesshall be resolved in accordance with the procedures of the Depart-ment of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes withinthe meaning of this clause include disputes between the contractor(or any of its subcontractors) and HUD or its designee, the U.S.Department of Labor, or the employees or their representatives.

10. (i) Certification of Eligibility. By entering into this contractthe contractor certifies neither it (nor he or she) nor any person or firmwho has an interest in the contractor's firm is a person or firm

ineligible to be awarded Government contracts by virtue of Section3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awardedHUD contracts or participate in HUD programs pursuant to 24 CFRPart 24.

(ii) No part of this contract shall be subcontracted to anyperson or firm ineligible for award of a Government contract by virtueof Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to beawarded HUD contracts or participate in HUD programs pursuant to24 CFR Part 24.

(iii) The penalty for making false statements is prescribed inthe U.S. Criminal Code, 18 U.S.C. 1001. Additionally, U.S. CriminalCode, Section 1010, Title 18, U.S.C., “Federal Housing Administra-tion transactions”, provides in part: “Whoever, for the purpose of . .. influencing in any way the action of such Administration . . . makes,utters or publishes any statement, knowing the same to be false . .. shall be fined not more than $5,000 or imprisoned not more than twoyears, or both.”

B. Contract Work Hours and Safety Standards Act. As used inthis paragraph, the terms “laborers” and “mechanics” include watch-men and guards.

1. Overtime requirements. No contractor or subcontractorcontracting for any part of the contract work which may require orinvolve the employment of laborers or mechanics shall require orpermit any such laborer or mechanic in any workweek in which he orshe is employed on such work to work in excess of forty hours in suchworkweek unless such laborer or mechanic receives compensationat a rate not less than one and one-half times the basic rate of payfor all hours worked in excess of forty hours in such workweek.

2. Violation; liability for unpaid wages, liquidated damages. Inthe event of any violation of the clause set forth in subparagraph (1)of this paragraph, the contractor and any subcontractor responsibletherefore shall be liable for the unpaid wages. In addition, suchcontractor and subcontractor shall be liable to the United States (inthe case of work done under contract for the District of Columbia ora territory, to such District or to such territory), for liquidated dam-ages. Such liquidated damages shall be computed with respect toeach individual laborer or mechanic, including watchmen and guards,employed in violation of the clause set forth in subparagraph (1) ofthis paragraph, in the sum of $10 for each calendar day on whichsuch individual was required or permitted to work in excess of thestandard workweek of forty hours without payment of the overtimewages required by the clause set forth in subparagraph (1) of thisparagraph.

3. Withholding for unpaid wages and liquidated damages.HUD or its designee shall upon its own action or upon written requestof an authorized representative of the Department of Labor withholdor cause to be withheld, from any moneys payable on account ofwork performed by the contractor or subcontractor under any suchcontract or any other Federal contract with the same prime contrac-tor, or any other Federally-assisted contract subject to the ContractWork Hours and Safety Standards Act, which is held by the sameprime contractor such sums as may be determined to be necessaryto satisfy any liabilities of such contractor or subcontractor for unpaidwages and liquidated damages as provided in the clause set forth insubparagraph (2) of this paragraph.

4. Subcontracts. The contractor or subcontractor shall insert inany subcontracts the clauses set forth in subparagraph (1) through(4) of this paragraph and also a clause requiring the subcontractorsto include these clauses in any lower tier subcontracts. The primecontractor shall be responsible for compliance by any subcontractoror lower tier subcontractor with the clauses set forth in subpara-graphs (1) through (4) of this paragraph.

C. The Contractor will be required to execute FHA Form No. 2403-A, Contractor's Prevailing Wage Certificate, as a condition prece-dent to insurance by the Federal Housing Administration of thatcertain mortgage loan, or an advance thereof, made or to be madeby the mortgagee in connection with the construction of the project.

Article 2 – Equal Employment OpportunityThe applicant hereby agrees that it will incorporate or cause to be

form HUD-2554 (12/20/2005)ref. Handbook 4571.1Replaces FHA-2554 which is obsolete. Page 4 of 4

incorporated into any contract for construction work, or modificationthereof, as defined in the regulations of the Secretary of Labor at 41CFR Chapter 60, which is paid for in whole or in part with fundsobtained from the Federal Government or borrowed on the credit ofthe Federal Government pursuant to a grant, contract, loan insur-ance, or guarantee, or undertaken pursuant to any Federal programinvolving such grant, contract, loan, insurance, or guarantee, thefollowing equal opportunity clause:During the performance of this contract, the Contractor agrees asfollows:

A. The Contractor will not discriminate against any employee orapplicant for employment because of race, color, religion, sex, ornational origin. The Contractor will take affirmative action to ensurethat applicants are employed, and that employees are treated duringemployment without regard to their race, color, religion, sex ornational origin. Such action shall include, but not be limited to thefollowing: Employment, upgrading, demotion, or transfer; recruit-ment or recruitment advertising; layoff or termination; rates of pay orother forms of compensation; and selection for training includingapprenticeship. The Contractor agrees to post in conspicuous placesavailable to employees and applicants for employment notices to beprovided setting forth the provisions of this nondiscrimination clause.

B. The Contractor will, in all solicitations or advertisements foremployees placed by or on behalf of the Contractor state that allqualified applicants will receive consideration for employment with-out regard to race, color, religion, sex, or national origin.C. The Contractor will send to each labor union or representative ofworkers with which it has a collective bargaining agreement or othercontract or understanding a notice to be provided advising the saidlabor union or workers representatives of the Contractor's commit-ments hereunder, and shall post copies of the notice in conspicuousplaces available to employees and applicants for employment.D. The Contractor will comply with all provisions of Executive Order11246 of September 24, 1965 and of the rules, regulations, andrelevant orders of the Secretary of Labor.E. The Contractor will furnish all information and reports required byExecutive Order 11246 of September 24, 1965, and by rules,regulations, and orders of the Secretary of Labor, or pursuantthereto, and will permit access to its books, records, and accounts bythe Secretary of Labor for purposes of investigation to ascertaincompliance with such rules, regulations, and orders.F. In the event of the Contractor's noncompliance with the nondis-crimination clauses of this contract or with any of the said rules,regulations, or orders, this contract may be canceled, terminated, orsuspended in whole or in part and the Contractor may be declaredineligible for further government contracts or federally assistedconstruction contracts in accordance with procedures authorized inExecutive Order 11246 of September 24, 1965, and such othersanctions may be imposed and remedies invoked as provided inExecutive Order 11246 of September 24, 1965, or by rule, regulationsor order of the Secretary of Labor, or as otherwise provided by law.G. The Contractor will include the portion of the sentence immedi-ately preceding paragraph A and the provisions of paragraphs Athrough G in every subcontract or purchase order unless exemptedby rules, regulations, or orders of the Secretary of Labor issuedpursuant to Section 204 of Executive Order 11246 of September 24,1965, so that such provisions will be binding upon each subcontrac-tor or vendor. The Contractor will take such action with respect to anysubcontract or purchase order as the Secretary of Housing andUrban Development or the Secretary of Labor may direct as a meansof enforcing such provisions, including sanctions for noncompli-ance. Provided, however, that in the event the Contractor becomesinvolved in, or is threatened with, litigation with a subcontractor orvendor as a result of such direction by the Secretary of Housing andUrban Development or the Secretary of Labor, the Contractor mayrequest the United States to ener into such litigation to protect theinterests of the United States.

H. The applicant further agrees that it will be bound by the aboveequal opportunity clause with respect to its own employment prac-tices when it participates in federally assisted construction work:

Provided, That if the applicant so participating is a State or localgovernment, the above equal opportunity clause is not applicable toany agency, instrumentality or subdivision of such governmentwhich does not participate in work on or under the contract.I. The applicant agrees that it will assist and cooperate actively withthe administering agency and the Secretary of Labor in obtaining thecompliance of contractors and subcontractors with the equal oppor-tunity clause and the rules, regulations, and relevant orders of theSecretary of Labor, that it will furnish the administering agency andthe Secretary of Labor such information as they may require for thesupervision of such compliance, and that it will otherwise assist theadministering agency in the discharge of the agency's primaryresponsibility for securing compliance.J. The applicant further agrees that it will refrain from entering intoany contract or contract modification subject to Executive Order11246 of September 24, 1965, with a contractor debarred from, orwho has not demonstrated eligibility for, Government contracts andfederally assisted construction contracts pursuant to the Executiveorder and will carry out such sanctions and penalties for violation ofthe equal opportunity clause as may be imposed upon contractorsand subcontractors by the administering agency or the Secretary ofLabor pursuant to Part II, Subpart D of the Executive order. Inaddition, the applicant agrees that if it fails or refuses to comply withthese undertakings, the administering agency may take any or all ofthe following actions: Cancel, terminate, or suspend in whole or inpart this grant (contract, loan, insurance, guarantee); refrain fromextending any further assistance to the applicant under the programwith respect to which the failure or refund occurred until satisfactoryassurance of future compliance has been received from such appli-cant; and refer the case to the Department of Justice for appropriatelegal proceedings.

Article 3 – Equal Opportunity for Businesses and LowerIncome Persons Located Within the Project Area(Applicable to Section 236 projects, where the estimated replace-ment cost of the project as determined by the Secretary of Housingand Urban Development exceeds $500,000, and to all projects,including Section 236 regardless of estimated replacement cost,receiving rent supplement assistance under Title I, Section 101 of theHousing and Urban Development Act of 1965.)A. The work to be performed under this contract is on a projectassisted under a program providing direct Federal financial assis-tance from the Department of Housing and Urban Development andis subject to the requirements of Section 3 of the Housing and UrbanDevelopment Act of 1968, as amended, 12 U.S.C. 1701u. Section 3requires that to the greatest extent feasible opportunities for trainingand employment be given lower income residents of the unit of localgovernment or the metropolitan area (or nonmetropolitan county) asdetermined by the Secretary of Housing and Urban Development inwhich the projects located and contracts for work in connection withthe project be awarded to business concerns which are located in, orowned in substantial part by persons residing in the same metropoli-tan area (or nonmetropolitan county) as the project.

Article 4 – Health and SafetyA. No laborer or mechanic shall be required to work in surroundingssor under working conditions which are unsanitary, hazardous, ordangerous to his health and safety as determined under constructionsafety and health standards promulgated by the Secretary of Laborby regulation.B. The Contractor shall comply with all regulations issued by theSecretary of Labor pursuant to Title 29 Part 1926 (formerly part 1518)and failure to comply may result in imposition of sanctions pursuantto the Contract Work Hours and Safety Standards Act (Public Law 91-54, 83 Stat. 96).C. The Contractor shall include the provisions of this Article in everysubcontract so that such provisions will be binding on each subcon-tractor. The Contractor shall take such action with respect to anysubcontract as the Secretary of Housing and Urban Development ofthe Secretary of Labor shall direct as a means of enforcing suchprovisions.

EXHIBIT M

HUD Form 4010 Federal Labor Standards Provisions

Document on Following Page

Federal Labor Standards Provisions U.S. Department of Housing and Urban Development Office of Labor Relations

Previous editions are obsolete Page 1 of 5 form HUD-4010 (06/2009)

ref. Handbook 1344.1

Applicabil ity

The Project or Program to which the construct ion work

covered by this contract pertains is being assisted by the

United States of America and the fol lowing Federal Labor

Standards Provisions are included in this Contract

pursuant to the provisions appl icable to such Federal

assistance.

A. 1. (i ) Minimum Wages. All laborers and mechanics

employed or working upon the site of the work, wi l l be paid

uncondit ional ly and not less often than once a week, and

without subsequent deduct ion or rebate on any account

(except such payrol l deduct ions as are permit ted by

regulat ions issued by the Secretary of Labor under the

Copeland Act (29 CFR Part 3), the fu l l amount of wages

and bona f ide fr inge benefi ts (or cash equivalents thereof)

due at t ime of payment computed at rates not less than

those contained in the wage determinat ion of the

Secretary of Labor which is attached hereto and made a

part hereof, regardless of any contractual relat ionship

which may be al leged to exist between the contractor and

such laborers and mechanics. Contribut ions made or

costs reasonably ant ic ipated for bona f ide fr inge benef i ts

under Sect ion l(b)(2) of the Davis-Bacon Act on behalf of

laborers or mechanics are considered wages paid to such

laborers or mechanics, subject to the provisions of 29 CFR

5.5(a)(1)(iv); also, regular contribut ions made or costs

incurred for more than a weekly period (but not less often

than quarterly) under plans, funds, or programs, which

cover the part icular weekly period, are deemed to be

construct ively made or incurred during such weekly period.

Such laborers and mechanics shal l be paid the appropriate

wage rate and fr inge benefi ts on the wage determinat ion

for the classif icat ion of work actual ly performed, without

regard to ski l l , except as provided in 29 CFR 5.5(a)(4).

Laborers or mechanics performing work in more than one

classif icat ion may be compensated at the rate specif ied for

each classif icat ion for the t ime actual ly worked therein:

Provided, That the employer’s payrol l records accurately

set forth the t ime spent in each classif icat ion in which

work is performed. The wage determinat ion (including any

addit ional c lassif icat ion and wage rates conformed under

29 CFR 5.5(a)(1)(i i ) and the Davis-Bacon poster (WH-

1321) shal l be posted at al l t imes by the contractor and i ts

subcontractors at the site of the work in a prominent and

accessible, place where i t can be easi ly seen by the

workers.

(i i ) (a) Any class of laborers or mechanics which is not

l isted in the wage determinat ion and which is to be

employed under the contract shal l be classif ied in

conformance with the wage determinat ion. HUD shal l

approve an addit ional c lassif icat ion and wage rate and

fringe benefi ts therefor only when the fol lowing cri ter ia

have been met:

(1) The work to be performed by the classif icat ion

requested is not performed by a classif icat ion in the wage

determinat ion; and

(2) The classif icat ion is ut i l ized in the area by the

construct ion industry; and

(3) The proposed wage rate, including any bona f ide

fringe benefi ts, bears a reasonable relat ionship to the

wage rates contained in the wage determinat ion.

(b) I f the contractor and the laborers and mechanics to be

employed in the classif icat ion (i f known), or their

representat ives, and HUD or i ts designee agree on the

classif icat ion and wage rate (including the amount

designated for fr inge benefi ts where appropriate), a report

of the act ion taken shal l be sent by HUD or i ts designee to

the Administrator of the Wage and Hour Divis ion,

Employment Standards Administrat ion, U.S. Department of

Labor, Washington, D.C. 20210. The Administrator, or an

authorized representat ive, wi l l approve, modify, or

disapprove every addit ional c lassif icat ion act ion within 30

days of receipt and so advise HUD or i ts designee or wi l l

not i fy HUD or i ts designee within the 30-day period that

addit ional t ime is necessary. (Approved by the Off ice of

Management and Budget under OMB control number 1215-

0140.)

(c) In the event the contractor, the laborers or mechanics

to be employed in the classif icat ion or their

representat ives, and HUD or i ts designee do not agree on

the proposed classif icat ion and wage rate (including the

amount designated for f r inge benefi ts, where appropriate),

HUD or i ts designee shal l refer the quest ions, including

the views of al l interested part ies and the recommendation

of HUD or i ts designee, to the Administrator for

determinat ion. The Administrator, or an authorized

representat ive, wi l l issue a determinat ion within 30 days of

receipt and so advise HUD or i ts designee or wi l l not i fy

HUD or i ts designee within the 30-day period that

addit ional t ime is necessary. (Approved by the Off ice of

Management and Budget under OMB Control Number

1215-0140.)

(d) The wage rate (including fr inge benefi ts where

appropriate) determined pursuant to subparagraphs

(1)(i i ) (b) or (c) of this paragraph, shal l be paid to al l

workers performing work in the classif icat ion under th is

contract from the f irst day on which work is performed in

the classif icat ion.

(i i i ) Whenever the minimum wage rate prescribed in the

contract for a class of laborers or mechanics includes a

fringe benefi t which is not expressed as an hourly rate, the

contractor shal l ei ther pay the benefi t as stated in the

wage determinat ion or shal l pay another bona f ide fr inge

benefi t or an hourly cash equivalent thereof.

(iv) I f the contractor does not make payments to a trustee

or other third person, the contractor may consider as part

Previous editions are obsolete Page 2 of 5

form HUD-4010 (06/2009)ref. Handbook 1344.1

of the wages of any laborer or mechanic the amount of any

costs reasonably ant ic ipated in providing bona f ide fr inge

benefi ts under a plan or program, Provided, That the

Secretary of Labor has found, upon the writ ten request of

the contractor, that the appl icable standards of the Davis-

Bacon Act have been met. The Secretary of Labor may

require the contractor to set aside in a separate account

assets for the meeting of obl igat ions under the plan or

program. (Approved by the Off ice of Management and

Budget under OMB Control Number 1215-0140.)

2. Withholding. HUD or i ts designee shal l upon i ts own

act ion or upon writ ten request of an authorized

representat ive of the Department of Labor withhold or

cause to be withheld from the contractor under this

contract or any other Federal contract with the same prime

contractor, or any other Federal ly-assisted contract

subject to Davis-Bacon prevai l ing wage requirements,

which is held by the same prime contractor so much of the

accrued payments or advances as may be considered

necessary to pay laborers and mechanics, including

apprent ices, trainees and helpers, employed by the

contractor or any subcontractor the ful l amount of wages

required by the contract In the event of fai lure to pay any

laborer or mechanic, including any apprent ice, trainee or

helper, employed or working on the site of the work, al l or

part of the wages required by the contract, HUD or i ts

designee may, after wr i t ten not ice to the contractor,

sponsor, appl icant, or owner, take such act ion as may be

necessary to cause the suspension of any further

payment, advance, or guarantee of funds unt i l such

violat ions have ceased. HUD or i ts designee may, after

writ ten not ice to the contractor, disburse such amounts

withheld for and on account of the contractor or

subcontractor to the respect ive employees to whom they

are due. The Comptrol ler General shal l make such

disbursements in the case of direct Davis-Bacon Act

contracts.

3. (i) Payrolls and basic records. Payrol ls and basic

records relat ing thereto shal l be maintained by the

contractor during the course of the work preserved for a

period of three years thereafter for al l laborers and

mechanics working at the si te of the work. Such records

shal l contain the name, address, and social secur i ty

number of each such worker, his or her correct

c lassif icat ion, hourly rates of wages paid (including rates

of contribut ions or costs ant ic ipated for bona f ide fr inge

benefi ts or cash equivalents thereof of the types described

in Sect ion l (b)(2)(B) of the Davis-bacon Act), dai ly and

weekly number of hours worked, deduct ions made and

actual wages paid. Whenever the Secretary of Labor has

found under 29 CFR 5.5 (a)(1)(iv) that the wages of any

laborer or mechanic include the amount of any costs

reasonably ant ic ipated in providing benefi ts under a plan

or program described in Sect ion l(b)(2)(B) of the Davis-

Bacon Act, the contractor shal l maintain records which

show that the commitment to provide such benefi ts is

enforceable, that the plan or program is f inancial ly

responsible, and that the plan or program has been

communicated in writ ing to the laborers or mechanics

affected, and records which show the costs ant ic ipated or

the actual cost incurred in providing such benefi ts.

Contractors employing apprent ices or trainees under

approved programs shal l maintain wr it ten evidence of the

registrat ion of apprent iceship programs and cert i f icat ion of

trainee programs, the registrat ion of the apprent ices and

trainees, and the rat ios and wage rates prescribed in the

appl icable programs. (Approved by the Off ice of

Management and Budget under OMB Control Numbers

1215-0140 and 1215-0017.)

(i i ) (a) The contractor shal l submit weekly for each week

in which any contract work is performed a copy of al l

payrol ls to HUD or i ts designee i f the agency is a party to

the contract, but i f the agency is not such a party, the

contractor wi l l submit the payrol ls to the appl icant

sponsor, or owner, as the case may be, for transmission to

HUD or i ts designee. The payrol ls submitted shal l set out

accurately and completely al l of the information required

to be maintained under 29 CFR 5.5(a)(3)(i) except that ful l

social securi ty numbers and home addresses shal l not be

included on weekly transmittals. Instead the payrol ls shal l

only need to include an individual ly ident i fying number for

each employee (e.g., the last four digits of the employee’s

social securi ty number). The required weekly payrol l

information may be submitted in any form desired.

Optional Form WH-347 is avai lable for th is purpose from

the Wage and Hour Divis ion Web site at

http:/ /www.dol.gov/esa/whd/forms/wh347instr.htm or i ts

successor site. The prime contractor is responsible for

the submission of copies of payrol ls by al l subcontractors.

Contractors and subcontractors shal l maintain the ful l

social securi ty number and current address of each

covered worker, and shal l provide them upon request to

HUD or i ts designee i f the agency is a party to the

contract, but i f the agency is not such a party, the

contractor wi l l submit the payrol ls to the appl icant

sponsor, or owner, as the case may be, for transmission to

HUD or i ts designee, the contractor, or the Wage and Hour

Divis ion of the Department of Labor for purposes of an

invest igat ion or audit of compliance with prevai l ing wage

requirements. I t is not a violat ion of this subparagraph for

a prime contractor to require a subcontractor to provide

addresses and social securi ty numbers to the prime

contractor for i ts own records, without weekly submission

to HUD or i ts designee. (Approved by the Off ice of

Management and Budget under OMB Control Number

1215-0149.)

(b) Each payrol l submitted shal l be accompanied by a

“Statement of Compliance,” s igned by the contractor or

subcontractor or his or her agent who pays or supervises

the payment of the persons employed under the contract

and shal l cert i fy the fol lowing:

(1) That the payrol l for the payrol l period contains the

information required to be provided under 29 CFR 5.5

(a)(3)(i i ), the appropriate information is being maintained

under 29 CFR 5.5(a)(3)(i), and that such information is

correct and complete;

Previous editions are obsolete Page 3 of 5

form HUD-4010 (06/2009)ref. Handbook 1344.1

(2) That each laborer or mechanic (including each helper,

apprent ice, and trainee) employed on the contract during

the payrol l period has been paid the ful l weekly wages

earned, without rebate, either di rect ly or indi rect ly, and

that no deduct ions have been made either di rect ly or

indirect ly from the ful l wages earned, other than

permissible deduct ions as set forth in 29 CFR Part 3;

(3) That each laborer or mechanic has been paid not less

than the appl icable wage rates and fr inge benefi ts or cash

equivalents for the classif icat ion of work performed, as

specif ied in the appl icable wage determinat ion

incorporated into the contract.

(c) The weekly submission of a properly executed

cert i f icat ion set forth on the reverse side of Optional Form

WH-347 shal l sat isfy the requirement for submission of the

“Statement of Compliance” required by subparagraph

A.3.(i i )(b).

(d) The fals i f icat ion of any of the above cert i f icat ions may

subject the contractor or subcontractor to civi l or c riminal

prosecut ion under Sect ion 1001 of Tit le 18 and Sect ion

231 of Tit le 31 of the United States Code.

(i i i ) The contractor or subcontractor shal l make the

records required under subparagraph A.3.(i) avai lable for

inspect ion, copying, or transcript ion by authorized

representat ives of HUD or i ts designee or the Department

of Labor, and shal l permit such representat ives to

interview employees during working hours on the job. I f

the contractor or subcontractor fai ls to submit the required

records or to make them avai lable, HUD or i ts designee

may, after wri t ten not ice to the contractor, sponsor,

appl icant or owner, take such act ion as may be necessary

to cause the suspension of any further payment, advance,

or guarantee of funds. Furthermore, fai lure to submit the

required records upon request or to make such records

avai lable may be grounds for debarment act ion pursuant to

29 CFR 5.12.

4. Apprentices and Trainees.

(i) Apprentices. Apprent ices wil l be permit ted to work at

less than the predetermined rate for the work they

performed when they are employed pursuant to and

individual ly registered in a bona f ide apprent iceship

program registered with the U.S. Department of Labor,

Employment and Training Administrat ion, Off ice of

Apprent iceship Training, Employer and Labor Services, or

with a State Apprent iceship Agency recognized by the

Off ice, or i f a person is employed in his or her f i rst 90

days of probat ionary employment as an apprent ice in such

an apprent iceship program, who is not individual ly

registered in the program, but who has been cert i f ied by

the Off ice of Apprent iceship Training, Employer and Labor

Services or a State Apprent iceship Agency (where

appropriate) to be el igible for probat ionary employment as

an apprent ice. The al lowable rat io of apprent ices to

journeymen on the job site in any craft c lassif icat ion shal l

not be greater than the rat io permit ted to the contractor as

to the ent ire work force under the registered program. Any

worker l isted on a payrol l at an apprent ice wage rate, who

is not registered or otherwise employed as stated above,

shal l be paid not less than the appl icable wage rate on the

wage determinat ion for the classif icat ion of work actual ly

performed. In addit ion, any apprent ice performing work on

the job site in excess of the rat io permit ted under the

registered program shal l be paid not less than the

appl icable wage rate on the wage determinat ion for the

work actual ly performed. Where a contractor is performing

construct ion on a project in a local i ty other than that in

which i ts program is registered, the rat ios and wage rates

(expressed in percentages of the journeyman’s hourly

rate) specif ied in the contractor’s or subcontractor’s

registered program shal l be observed. Every apprent ice

must be paid at not less than the rate specif ied in the

registered program for the apprent ice’s level of progress,

expressed as a percentage of the journeymen hourly rate

specif ied in the appl icable wage determinat ion.

Apprent ices shal l be paid fr inge benefi ts in accordance

with the provisions of the apprent iceship program. I f the

apprent iceship program does not specify fr inge benefi ts,

apprent ices must be paid the ful l amount of f r inge benefi ts

l isted on the wage determinat ion for the appl icable

classif icat ion. I f the Administrator determines that a

dif ferent pract ice prevai ls for the appl icable apprent ice

classif icat ion, fr inges shal l be paid in accordance with that

determinat ion. In the event the Off ice of Apprent iceship

Training, Employer and Labor Services, or a State

Apprent iceship Agency recognized by the Off ice,

withdraws approval of an apprent iceship program, the

contractor wi l l no longer be permit ted to ut i l ize

apprent ices at less than the appl icable predetermined rate

for the work performed unt i l an acceptable program is

approved.

(i i ) Trainees. Except as provided in 29 CFR 5.16,

trainees wil l not be permitted to work at less than the

predetermined rate for the work performed unless they are

employed pursuant ‘ , to and individual ly registered in a

program which has received prior approval, evidenced by

formal cert i f icat ion by the U.S. Department of Labor,

Employment and Training Administrat ion. The rat io of

t rainees to journeymen on the job site shal l not be greater

than permit ted under the plan approved by the

Employment and Training Administrat ion. Every trainee

must be paid at not less than the rate specif ied in the

approved program for the trainee’s level of progress,

expressed as a percentage of the journeyman hourly rate

specif ied in the appl icable wage determinat ion. Trainees

shal l be paid fr inge benefi ts in accordance with the

provisions of the trainee program. I f the trainee program

does not mention fr inge benefi ts, t rainees shal l be paid

the ful l amount of f r inge benefi ts l isted on the wage

determinat ion unless the Administrator of the Wage and

Hour Divis ion determines that there is an apprent iceship

program associated with the corresponding journeyman

wage rate on the wage determinat ion which provides for

less than ful l f r inge benefi ts for apprent ices. Any

employee l isted on the payrol l at a trainee rate who is not

registered and part ic ipat ing in a training plan approved by

Previous editions are obsolete Page 4 of 5

form HUD-4010 (06/2009)ref. Handbook 1344.1

the Employment and Training Administrat ion shal l be paid

not less than the appl icable wage rate on the wage

determinat ion for the work actual ly performed. In addit ion,

any trainee performing work on the job site in excess of

the rat io permit ted under the registered program shal l be

paid not less than the appl icable wage rate on the wage

determinat ion for the work actual ly performed. In the

event the Employment and Training Administrat ion

withdraws approval of a tra ining program, the contractor

wi l l no longer be permit ted to ut i l ize trainees at less than

the appl icable predetermined rate for the work performed

unt i l an acceptable program is approved.

(i i i ) Equal employment opportunity. The ut i l izat ion of

apprent ices, trainees and journeymen under 29 CFR Part 5

shal l be in conformity with the equal employment

opportunity requirements of Execut ive Order 11246, as

amended, and 29 CFR Part 30.

5. Compliance with Copeland Act requirements. The

contractor shal l comply with the requirements of 29 CFR

Part 3 which are incorporated by reference in this contract

6. Subcontracts. The contractor or subcontractor wi l l

insert in any subcontracts the clauses contained in

subparagraphs 1 through 11 in th is paragraph A and such

other clauses as HUD or i ts designee may by appropr iate

instruct ions require, and a copy of the appl icable

prevai l ing wage decision, and also a clause requiring the

subcontractors to include these clauses in any lower t ier

subcontracts. The prime contractor shal l be responsible

for the compliance by any subcontractor or lower t ier

subcontractor with al l the contract c lauses in this

paragraph.

7. Contract termination; debarment. A breach of the

contract c lauses in 29 CFR 5.5 may be grounds for

terminat ion of the contract and for debarment as a

contractor and a subcontractor as provided in 29 CFR

5.12.

8. Compliance with Davis-Bacon and Related Act Requirements.All rul ings and interpretat ions of the Davis-Bacon and

Related Acts contained in 29 CFR Parts 1, 3, and 5 are

herein incorporated by reference in this contract

9. Disputes concerning labor standards. Disputes

aris ing out of the labor standards provisions of this

contract shal l not be subject to the general disputes

clause of this contract. Such disputes shal l be resolved in

accordance with the procedures of the Department of

Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes

within the meaning of this c lause include disputes between

the contractor (or any of i ts subcontractors) and HUD or

i ts designee, the U.S. Department of Labor, or the

employees or their representat ives.

10. (i) Certification of Eligibil ity. By entering into th is

contract the contractor cert i f ies that neither i t (nor he or

she) nor any person or f i rm who has an interest in the

contractor’s f i rm is a person or f i rm inel igible to be

awarded Government contracts by virtue of Sect ion 3(a) of

the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be

awarded HUD contracts or part ic ipate in HUD programs

pursuant to 24 CFR Part 24.

(i i ) No part of this contract shal l be subcontracted to any

person or f i rm inel igible for award of a Government

contract by virtue of Sect ion 3(a) of the Davis-Bacon Act

or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or

part ic ipate in HUD programs pursuant to 24 CFR Part 24.

(i i i ) The penalty for making false statements is prescribed

in the U.S. Criminal Code, 18 U.S.C. 1001. Addit ional ly,

U.S. Criminal Code, Sect ion 1 01 0, Tit le 18, U.S.C.,

“Federal Housing Administrat ion transact ions”, provides in

part : “Whoever, for the purpose of . . . inf luencing in any

way the act ion of such Administrat ion.. . . . makes, utters or

publ ishes any statement knowing the same to be false. . . . .

shal l be f ined not more than $5,000 or imprisoned not

more than two years, or both.”

11. Complaints, Proceedings, or Testimony byEmployees. No laborer or mechanic to whom the wage,

salary, or other labor standards provisions of this Contract

are appl icable shal l be discharged or in any other manner

discriminated against by the Contractor or any

subcontractor because such employee has f i led any

complaint or inst i tuted or caused to be inst i tuted any

proceeding or has test i f ied or is about to test i fy in any

proceeding under or relat ing to the labor standards

applicable under this Contract to his employer.

B. Contract Work Hours and Safety Standards Act. The

provisions of this paragraph B are applicable where the amount of the

prime contract exceeds $100,000. As used in this paragraph, the

terms “laborers” and “mechanics” include watchmen and guards.

(1) Overtime requirements. No contractor or subcontractor

contracting for any part of the contract work which may require or

involve the employment of laborers or mechanics shall require or

permit any such laborer or mechanic in any workweek in which the

individual is employed on such work to work in excess of 40 hours in

such workweek unless such laborer or mechanic receives

compensation at a rate not less than one and one-half times the basic

rate of pay for all hours worked in excess of 40 hours in such

workweek.

(2) Violation; l iabil ity for unpaid wages; l iquidateddamages. In the event of any violat ion of the clause set

forth in subparagraph (1) of this paragraph, the contractor

and any subcontractor responsible therefor shal l be l iable

for the unpaid wages. In addit ion, such contractor and

subcontractor shal l be l iable to the United States (in the

case of work done under contract for the District of

Columbia or a terri tory, to such District or to such

terri tory), for l iquidated damages. Such l iquidated

damages shal l be computed with respect to each individual

laborer or mechanic, including watchmen and guards,

employed in violat ion of the clause set forth in

subparagraph (1) of this paragraph, in the sum of $10 for each

calendar day on which such individual was required or permitted to

work in excess of the standard workweek of 40 hours without payment

of the overtime wages required by the clause set forth in sub

paragraph (1) of this paragraph.

Previous editions are obsolete Page 5 of 5

form HUD-4010 (06/2009)ref. Handbook 1344.1

(3) Withholding for unpaid wages and l iquidateddamages. HUD or i ts designee shal l upon i ts own act ion

or upon writ ten request of an authorized representat ive of

the Department of Labor withhold or cause to be withheld,

from any moneys payable on account of work performed by

the contractor or subcontractor under any such contract or

any other Federal contract with the same prime contract,

or any other Federal ly-assisted contract subject to the

Contract Work Hours and Safety Standards Act which is

held by the same prime contractor such sums as may be

determined to be necessary to sat isfy any l iabi l i t ies of

such contractor or subcontractor for unpaid wages and

l iquidated damages as provided in the clause set forth in

subparagraph (2) of this paragraph.

(4) Subcontracts. The contractor or subcontractor shal l

insert in any subcontracts the clauses set forth in

subparagraph (1) through (4) of this paragraph and also a

clause requiring the subcontractors to include these

clauses in any lower t ier subcontracts. The prime

contractor shal l be responsible for compliance by any

subcontractor or lower t ier subcontractor with the clauses

set forth in subparagraphs (1) through (4) of this

paragraph.

C. Health and Safety. The provisions of this paragraph C are

applicable where the amount of the prime contract exceeds $100,000.

(1) No laborer or mechanic shal l be required to work in

surroundings or under working condit ions which are

unsanitary, hazardous, or dangerous to his health and

safety as determined under construct ion safety and heal th

standards promulgated by the Secretary of Labor by

regulat ion.

(2) The Contractor shal l comply with al l regulat ions

issued by the Secretary of Labor pursuant to Tit le 29 Part

1926 and fa i lure to comply may result in imposit ion of

sanct ions pursuant to the Contract Work Hours and Safety

Standards Act, (Publ ic Law 91-54, 83 Stat 96). 40 USC

3701 et seq.

(3) The contractor shal l include the provisions of this

paragraph in every subcontract so that such provisions wi l l

be binding on each subcontractor. The contractor shal l

take such act ion with respect to any subcontractor as the

Secretary of Housing and Urban Development or the

Secretary of Labor shal l di rect as a means of enforcing

such provisions.

EXHIBIT N

Davis Bacon Wage Determinations: General Decision: UT20100085 01/29/2021 UT20200085

EXHIBIT O 50-75% RULE DISCLOSURE FORM

Document on Following Page

50-75% RULE DISCLOSURE FORM

As General Contractor for ________________ I hereby certify that:

Not more than 50 percent of the contract sum in the Construction Contract, Form HUD-

92442-M, is subcontracted to one subcontractor, material supplier or equipment lessor,

AND

Not more than 75 percent of the contract sum in the Construction Contract, Form HUD-

92442-M is subcontracted with three or less subcontractors, material suppliers and

equipment lessors.

{Enter name of GC}

{Enter address of GC}

{Enter address of GC}

___________________________________ __________________

Signature Date

___________________________________ ______________________________

Print Name Title

Note: if two or more subcontractors have common ownership, they are considered as one

subcontractor.

The fifty/seventy-five percent rule is not applicable to:

(1) Manufacturers of Industrial Housing

(2) Trade items performed by persons on the general contractor’s payroll

(3) Mobile Home Park program

(4) Supplement Loan program

(5) Rehabilitation programs other than substantial rehabilitation

The cost analyst determines the applicability of the 50/75 percent rule.

Where the 50/75 percent rule is violated, the general contractor forfeits its profit and only

Sponsor’s Profit Risk Allowance (SPRA) is allowed.

EXHIBIT P

IDENTITY OF INTEREST BETWEEN GC AND BORROWER

Document on Following Page

Amendment to the Construction Contract to Identify Identities of Interest Between Owner/ Contractor/ Subcontractors/ Architect

6B

Project Name ____________________________ Project Number___________________

1. Definition of terms used in this Amendment.

a. Architect. Architect administering the Construction Contract.

b. HUD. The U.S. Department of Housing and Urban Development.

c. Owner. The Mortgagor/Owner.

d. Subcontractor. Any Project subcontractor, materials supplier, equipment lessor, or industrialized housing manufacturer/supplier.

2. The undersigned hereby certify that all identities of interest known to exist between the Owner and the Contractor, and/or between the Owner and/or the Contractor and the Architect and/or any Project subcontractor are listed herein. The Owner and the Contractor shall each inform HUD in writing within 5 working days of its knowledge of any identity of interest that develops after execution of this Contract.

List all Identities of Interest:

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

3. An Identity of Interest is construed to exist where:

a. The Contractor, Architect and/or any subcontractor take any financial interest in the Project and/or Owner as part of the consideration to be paid.

b. The Contractor advances any funds to the Owner or Architect; or the Architect advances any funds to the Owner, contractor and/or any subcontractor; or any subcontractor advances any funds to the Owner, Contractor and/or Architect.

c. The Owner has any financial interest in the Contractor, Architect and/or any subcontractor; or the contractor has any financial interest in the Owner, Architect and/or any subcontractor; or the Architect has any financial interest in the Owner, Contractor and/or any subcontractor; or any subcontractor has any financial interest in the Owner, Contractor and/or Architect.

d. Any officer, director, stockholder or partner of the Owner has any financial interest in the Contractor, Architect and/or any subcontractor; or any officer, director, stockholder or partner of the Contractor, has any financial interest in the Owner, Architect and/or any subcontractor; or any officer, director, stockholder or partner of the Architect has any financial interest in the Owner, Contractor and/or any subcontractor; or any officer,

director, stockholder or partner of any subcontractor has any financial interest in the Owner, Contractor and/or Architect.

e. Any officer, director, stockholder or partner of the Owner is also an officer, director, stockholder or partner of the Contractor, Architect and/or any subcontractor; or any officer, director, stockholder or partner of the Contractor is also an officer, director, stockholder or partner of the Owner, Architect and/or any subcontractor; or any officer, director stockholder or partner of the Architect is also an officer, director, stockholder or partner of the Owner, Contractor, and/or any subcontractor; or any officer, director, stockholder or partner of any subcontractor is also an officer, director, stockholder or partner of the Owner, Contractor and/or Architect.

f. The Owner, Contractor and/or any subcontractor, or any officer, director, stockholder or partner of such Owner, Contractor and/or subcontractor provides any of the required architectural services; or where the Owner, Contractor and/or any subcontractor, or any officer, director, stockholder or partner of such Owner, Contractor and/or subcontractor, while not directly providing an architectural service, acts as a consultant to the Architect.

g. Any family relationships between the officers, directors, stockholders or partners of the Owner and officers, directors, stockholders or partners of the Contractor, Architect and/or any subcontractor; or between the officers, directors, stockholders or partners of the Contractor and officers, directors, stockholders or partners of the Owner, Architect and/or any subcontractor; or between any officers, directors, stockholders, or partners of the Architect and officers, directors, stockholders or partners of the Owner, Contractor and/or any subcontractor; or between any officers, directors, stockholders or partners of any subcontractor and the officers, directors, stockholders or partners of the Owner, Contractor and/or Architect which could cause or results in control or influence over prices paid and/or work accepted.

h. Any side deal, agreement, contract or undertaking, thereby altering, amending, or canceling any of the required closing documents, except as approved by HUD.

OWNER CONTRACTOR

________________________________ ____________________________________

______________________________ ____________________________________

DATE _________________________ DATE ______________________________

WARNING: Title 18 U.S.C. 1001, provides in part that whoever knowingly and willfully makes or uses a document containing any false, fictitious, or fraudulent statement or entry, in any matter in the jurisdiction of any department or agency of the United States, shall be fined not more than $10,000 or imprisoned for not more than five years or both.

EXHIBIT Q

Off-Site Storage Certification

Document on Following Page

(please copy and paste to letterhead)

General Contractor’s Off-Site Storage Certification

Project: [Name]

FHA Project No.: TBA

There will be no off-site storage of construction materials for the

above referenced project.

CERTIFIED:

For: Name of General Contractor

By: Name of signatory

Sign: _________________ Date: ________

EXHIBIT R

SURETY LETTER

Document on Following Page

PLACE ON SURETY COMPANY LETTERHEAD

RE:{Project Name}

To Whom It May Concern:

This letter will serve to confirm that {Insert Surety name} is surety for {insert GC name}. We

have established aggregate bonding capacity of $xx million and single project limits of $xx

million for this company. Since we underwrite each bond on its own individual merits, the

above-referenced figures should only be viewed as guidelines, which do not necessarily

represent maximum or minimum amounts we are willing to consider and should not be viewed

as preapproval of a specific surety bond.

The {Insert Surety name} reserves the right to any and all final decisions regarding bond

authorizations based on the underwriting information available at the time of the request.

If a bond is requested on the above project, we would give full and favorable consideration at

that time.

Should you have additional questions regarding this contractor's bonding capabilities, please do

not hesitate to contact me at the below referenced points.

Sincerely,

EXHIBIT S

HUD Form 5372

Document on Following Page

Construction Progress Schedule

U.S. Department of Housing OMB Approval No. 2577-0157 (Exp. 3/31/2020)

and Urban Development Office of Public and Indian Housing

Public reporting burden for this collection of information is estimated to average 1 hour per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. This agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless that collecton displays a valid OMB control number.

Construction practices and HUD administrative requirements establish the need that HAs maintain certain records or submit certain documents in conjunction with the oversight of the award of construction contracts for the construction of new low-income housing developments or modernization of existing developments. These forms are used by HAs to provide information on the construction progress schedule and schedule of amounts for contract payments. 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.

1. Name of Public Housing Agency/Indian Housing Authority (PHA/IHA)

2. City 3. State 5. Project Name

11. Number of Buildings 12. Number of Dwelling Units 13. Number of Rooms

(Submit as many Year pages as necessary (yyyy) to cover the construction period.) Month

Actual Monthly Value, Work in Place ($)

Contractor's Name

Title Signature Date (mm/dd/yyyy)

PHA/IHA

Title Date (mm/dd/yyyy)

Approved by Architect Date (mm/dd/yyyy)

Previous edition is obsolete Page 1 of 2 form HUD-5372 (1/2014)

4. Location 6. Project Number

7. Contract For 8. Contract Time (Days)

To (mm/dd/yyyy)9. From (mm/dd/yyyy) 10. Contract Price $

Submitted by

Approved by

Actual Accumulated(%)

Progress

Anticipated Monthly($)

Value

Accumulated(%)

Scheduled Progress

Instructions for Preparation of Construction Progress Schedule Form HUD-5372

General. The information required for items 1 through 6 can be obtained from the contract documents. (7.) Enter the type of work awarded by the PHA/IHA. This may be "general construction," "plumbing," "heating," "electrical," etc., depending upon prime

Charting Actual Progress. The horizontal space extending through the monthly columns is divided into "Actual MonthlyValue of Work in Place – $" and Actual Accumulated Progress – %. progress and the actual value of work in place for that month, as the work progresses. An anticipated complete shutdown at some stage in the work because of adverse seasonal weather or otherwise, as may occur in road work, excavation (grading), etc., is readily shown by a gap.

" In each monthly column show the actual accumulated % of

contract awards. (8.) Enter the contract time in calendar days (unless otherwise stated). (9.) Enter the starting and completion dates as established by the Notice to Proceed.

Year and Month. At the top of the Schedule, space is provided for inserting the "Year" and "Month" to identify the times during which the work is to be performed.

Year. Enter the year when the Notice to Proceed was issued. If the starting date of the contract is such that the time assigned for completion will be carried into a succeeding year, two yearly designations will be shown, each centered over the applicable spread of time for each year.

The Contractor's name shall be placed in the lower left-hand corner of the form, together with the signature and title of the employee who prepared the Schedule and the date. The form then shall be sent to the Architect for review. If the Architect considers that changes are necessary to make the Schedule more realistic, it will withhold approval and so advise the Contractor. When the form is acceptable and approved by the Architect, and the PHA/ IHA, it will be returned to the Contractor, who shall reproduce and submit the number and style of prints required by the PHA/ IHA.

Month. The body of the Schedule is divided into Columns, each representing a period of one month. Starting in the Column with the month stated in the Notice to Proceed, enter at the top of each column the successive months corresponding to the entire spread of the total contract time. The Schedule must contain monthly columns to cover the entire active period of contract, with extra columns for possible overruns in contract time.

Normal building construction experience has proved that the rate of overall progress (as measured by work in place) accelerates slowly at the start, reaches its peak in the middle third of the construction period, and tapers down at the close. The data following illustrate the general average expectancy of a well-balanced operation and may be used as a guide. If the proposed progress lies within reasonable range of these check points, the Schedule may be considered satisfactory insofar as the time-performance feature is involved.

Computation of Anticipated Monthly Value of Work in Place

Before presenting the form for approval, enter in each monthly column the dollar value (omit cents) of the increment of work anticipated to be put in place during that interval of time. This shall be the Contractor's best estimate of the rate of progress for each month. This section contains a suggested guide for the elapsed contract time vs. progress percentages.

% of % of Contract Accumulated

The horizontal total of the monthly dollars shown for "Antici-pated Monthly Value" must equal the contract price shown in the heading.

Time Progress 0

208 10 20

Accumulated Scheduled Progress – % 30 20

Entries on this line shall show in percentage of total completion the cumulative stage of progress that is scheduled to be reached at the end of each monthly interval. It is generally sufficient to state this anticipated progress to the nearest tenth of one percent, but for very large contracts it may be advisable to extend compu-tations to the nearest hundredth.

40 37 50 57 60 75 70 89 80 96 90 99

100 100 The entry for the first month's column should be the % obtained by the anticipated monthly dollar value of work in place at the close of the first month being divided by the contract price.

The foregoing percentages must be tempered by consideration of seasonal weather conditions and other known conditions which may affect the progress of the work. These percentages are offered for information only. The entry for the second month's column is obtained by the sum of

the anticipated monthly dollar values of work in place for Columns 1 and 2 being divided by the contract price.

Enter in the third month's column the percentage computed similarly, using the sum of dollar values of work in place for Columns 1, 2, and 3. Continue in this manner for the succeeding monthly columns until "100" is reached in the final column.

Previous edition is obsolete Page 2 of 2 form HUD-5372 (1/2014)

Previous versions obsolete Page 1 of 5 Form HUD-92328-ORCF (06/2019)

EXHIBIT T Contractor's and/or Mortgagor's Cost Breakdown

Schedules of Values

Document on Following Page

Previous versions obsolete Page 2 of 5 Form HUD-92328-ORCF (06/2019)

Contractor's and/or

Mortgagor's Cost Breakdown Schedules of Values Section 232

U.S. Department of Housing and Urban Development Office of Residential

Care Facilities

OMB No. 2502-0605 (exp. 06/30/2022)

Public reporting burden for this collection of information is estimated to average 4 hours. This includes the time for collecting, reviewing, and reporting the data. The information is being collected to obtain the supportive documentation which must be submitted to HUD for approval, and is necessary to ensure that viable projects are developed and maintained. The Department will use this information to determine if properties meet HUD requirements with respect

to development, operation and/or asset management, as well as ensuring the continued marketability of the properties. This agency may not collect this information, and you are not required to complete this form unless it displays a currently valid OMB control number.

Warning: Any person who knowingly presents a false, fictitious, or fraudulent statement or claim in a matter within the jurisdiction of the U.S. Department of Housing and Urban Development is subject to criminal penalties, civil liability, and administrative sanctions.

Date: Sponsor:

FHA Project Number: Building Identification:

Project Name:

Project Address:

This form represents the Contractors and/or Borrowers firm costs and services as a basis for disbursing dollar amounts when insured advances are requested. Detailed instructions for completing this form are included at the end.

Line Div. Trade Item Cost Trade Description

1 3 Concrete 2 4 Masonry 3 5 Metals 4 6 Rough Carpentry 5 6 Finish Carpentry 6 7 Waterproofing 7 7 Insulation 8 7 Roofing 9 7 Sheet Metal

10 8 Doors 11 8 Windows 12 8 Glass 13 9 Lath and Plaster 14 9 Drywall 15 9 Tile Work 16 9 Acoustical 17 9 Wood Flooring 18 9 Resilient Flooring 19 9 Painting and Decorating 20 10 Specialties 21 11 Special Equipment 22 11 Cabinets 23 11 Appliances 24 12 Blinds and Shades, Artwork 25 12 Carpets 26 13 Special Construction 27 14 Elevators 28 15 Plumbing and Hot Water 29 15 Heat and Ventilation 30 15 Air Conditioning 31 16 Electrical 32 Subtotal (Structures) 33 Accessory Structures 34 Total (Lines 32 and 33)

Previous versions obsolete Page 3 of 5 Form HUD-92328-ORCF (06/2019)

Previous versions obsolete Page 4 of 5 Form HUD-92328-ORCF (06/2019)

Line Div. Trade Item Cost Trade Description

35 2 Earth Work 36 2 Site Utilities 37 2 Roads and Walks 38 2 Site Improvements 39 2 Lawns and Planting 40

41

2 Unusual Site Condition

Total Land Improvements

Nonresidential and Special Exterior Land

Improvement (costs included in trade item breakdown) Offsite Costs

(costs not included in trade item breakdown)

42 Total Struct. & Land Imprvts. Description Est. Cost Description Est. Cost

43 1 General Requirements 44 Subtotal (Lines 42 and 43) 45 Builder's Overhead 46 Builder's Profit Total $ 47 Subtotal (Lines 44 thru 46) Other Fees Total $

48 Demolition (costs not included in trade item breakdown)

49 Other Fees 50 Bond Premium Description Est. Cost

51 Total for All Improvements 52 Builder's Profit Paid by Means

Other Than Cash

53 Total for All Improvements

Less Line 52

Total $ Total $

I hereby certify that all the information stated herein, as well as any information provided in the accompaniment herewith, is true and accurate. Borrower Signature: Date:

Contractor Signature: Date:

ORCF Authorized Agent

Date

Signature: Date:

Instructions for Completing Form HUD-92328-ORCF

This form is prepared by the contractor and/or borrower as a requirement for the issuance of a firm commitment. The firm replacement cost of the project also serves as a basis for the disbursement of dollar amounts when insured advances are requested. A detailed breakdown of trade items is provided along with spaces to enter dollar amounts and trade descriptions. Date-Date form was prepared.

Sponsor-Name of sponsor or sponsoring organization.

FHA Project No.-Eight-digit assigned project number.

Building Identification-Number(s) or Letter(s) of each building as designated on plans.

Name of Project-Sponsors designated name of project.

Project Location-Street address, city and state.

Division-Division numbers and trade items have been developed from the cost accounting section of the uniform system.

Accessory Structures-This item reflects structures, such as: com-munity, storage, maintenance, mechanical, laundry and project office buildings. Also included are garages and carports or other buildings.

When the amount shown on line 33 is $20,000.00 or 2% of line 32 whichever is the lesser, a separate form HUD-92328-ORCF will be prepared through line 32 for Accessory Structures.

Unusual Site Conditions-This trade item reflects rock excavation, high water table, excessive cut and fill, retaining walls, erosion, poor drainage and other on-site conditions considered unusual.

Cost-Enter the cost being submitted by the Contractor or bids submitted by a qualified subcontractor for each trade item. These costs will include, as a minimum, prevailing wage rates as determined by the Secretary of Labor.

Trade Description-Enter a brief description of the work included in each trade item.

Other Fees-Includable are fees to be paid by the Contractor, such as sewer tap fees not included in the plumbing contract. Fees paid or to be paid by the Mortgagor are not to be included on this form.

Total For All Improvements-This is the sum of lines 1 through 50 and is to include the total builder's profit (line 46).

Previous versions obsolete Page 5 of 5 Form HUD-92328-ORCF (06/2019)

Line 52-When applicable, enter that portion of the builder's profit (line 46) to be paid by means other than cash and/or any part of the builder's profit to be waived during construction.

Non-Residential and Special Exterior Land Improvement Costs-Describe and enter the cost of each improvement, i.e. on-site parking facilities including individual garages and carports, commercial facilities, swimming pools with related facilities and on-site features provided to enhance the environment and livability of the project and the neighborhood. The Design Representative and Cost Analyst shall collaborate with the borrower or their representative in designating the items to be included.

Off-Site Costs-Enter description and dollar amount including fees and bond premium for off-site improvements.

Demolition-Enter description and dollar amount of demolition work necessary to condition site for building improvements including the removal of existing structures, foundations, utilities, etc.

Other Fees-Enter a brief description of item involved and cost estimate for each item.

Signatures-Enter the firm name, signature of authorized officer of the contractor and/or Borrower and date the form was completed.

EXHIBIT U

Payment Bond HUD Form 92452A-M Rev. 6.18 New 2.12.19

Document on Following Page

Previous editions are obsolete

Payment Bond HUD-92452A-M (6/18)

1

Payment Bond U.S. Department of Housing

and Urban Development Office of Housing

OMB Approval No. 2502-0598 (Exp. 9/30/2021)

Public Reporting Burden for this collection of information is estimated to average 0.5 hour per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Response to this request for information is required in order to receive the benefits to be derived. This agency may not collect this information, and you are not required to complete this form unless it displays a currently valid OMB control number. While no assurance of confidentiality is pledged to respondents, HUD generally discloses this data only in response to a Freedom of Information Act request.

Warning: Federal law provides that anyone who knowingly or willfully submits (or causes to submit) a document containing any false, fictitious, misleading, or fraudulent statement/certification or entry may be criminally prosecuted and may incur civil administrative liability. Penalties upon conviction can include a fine and imprisonment, as provided pursuant to applicable law, which includes, but is not limited to, 18 U.S.C. 1001, 1010, 1012; 31 U.S.C. 3729, 3802, 24 C.F.R. Parts 25, 28 and 30, and 2 C.F.R. Parts 180 and 2424. CONTRACTOR/PRINCIPAL (Name and Address): LENDER (Name and Address): OWNER (Name and Address): SURETY (Name and Principal Place of Business): PROJECT (Name, HUD Project Number and Location): CONSTRUCTION CONTRACT: Date: Amount: BOND: Date: Amount: RIDERS TO THIS BOND: ____ Yes ___ No

This Payment Bond is issued simultaneously with a Performance Bond-Dual Obligee (“Performance Bond”) issued in connection with the Project. As used herein, “Obligees” shall mean Owner, Lender, Secretary of Housing and Urban Development

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(“HUD”) and the additional obligee(s), if any, identified in a Rider to this Bond and “Obligee” shall mean any of the Obligees.

1. Contractor has entered into a Construction Contract with Owner for the

construction of the Project (“Contract”), which as the same may now or hereafter be amended by change order or otherwise, is made a part hereof by reference.

2. Contractor and Surety, jointly and severally (“Obligors”), bind themselves,

their heirs, executors, administrators, successors and assigns, to Obligees, for the use and benefit of Claimants as hereinafter defined in paragraph 3, in the sum of _______________________________________ Dollars ($ ), to pay for labor, materials and equipment furnished for use in the performance of the Contract. Any approved increase in the total Contract price shall increase the monetary obligation of Obligors accordingly.

3. A Claimant (“Claimant”) is defined as one having a direct contract with

Contractor or with a subcontractor of Contractor for labor, materials or equipment used in the performance of the Contract, including without limitation in the terms “labor, materials or equipment” that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract, architectural and engineering services required for performance of the work of Contractor and Contractor’s subcontractors, and all other items for which a mechanic’s lien may be asserted in the jurisdiction where the labor, materials or equipment was furnished.

4. This obligation shall be null and void if Contractor promptly makes payment to

all Claimants for all labor, material, or equipment used in the performance of the Contract.

5. Contractor and Surety hereby jointly and severally agree with Obligees that

every Claimant, who has not been paid in full before the expiration of a period of ninety (90) days after having last performed labor or last furnished materials or equipment, may sue on this Payment Bond for the use of such Claimant, prosecute the suit to final judgment for such sum or sums as may be justly due Claimant, and have execution thereon. No Obligee shall be liable for the payment of any costs or expenses of any such suit.

6. Surety shall have no obligation to Claimants under this Payment Bond unless:

a. Claimants, who do not have a direct contract with Contractor, have given notice to any two (2) of the above-named parties, those being Contractor, Owner or Surety, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the claim, stating that a claim is being made under this Payment Bond and, with substantial accuracy, the amount claimed and the name of the party to whom the materials or equipment were furnished, or for whom the work or labor was done or performed.

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b. Any suit, action or proceeding brought by Claimants under this Payment Bond shall be instituted within one (1) year from the later of the date on which (i) Claimants gave the notice required by paragraph 6a, or (ii) the later of the date that Claimants either perform the last labor and/or service or furnish the last materials or equipment under the Contract. If this limitation is deemed to be in contravention of any controlling law, this provision of the Payment Bond is deemed amended so as to substitute the minimum period of limitation permitted by such controlling law for the above limitation.

7. The amount of this Payment Bond shall be reduced by any payment(s) made

in good faith hereunder, inclusive of the payment by Surety of mechanics’ liens that may be filed of record against Project, whether or not the claim for the amount of such lien is presented under and against this Payment Bond. Notwithstanding the foregoing, no amounts paid without the written consent of Lender shall reduce the liability of Surety to Lender under this Payment Bond.

8. Surety hereby waives notice of any change, including changes of time, to the

Contract or to related subcontracts, purchase orders and other obligations. 9. Notice to Surety, Owner, or Contractor shall be served by mailing the same by

registered mail or certified mail, postage prepaid, to the address shown on this Payment Bond or to such other address as may have been previously specified by the recipient in a notice given in accordance herewith.

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SIGNED and SEALED this __________ day of ___________, 20__. Witness as to Contractor: CONTRACTOR: _________________________ _______________________ By: ______________________ _________________________ Name and Title (Printed) SURETY: _________________________ By: ______________________ _________________________ Name and Title (Printed)

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Project Name: __________ Project No.: __________ ADDITIONAL OBLIGEE RIDER (Additional obligee only allowed with prior written HUD approval.)

1. This Additional Obligee Rider is attached to and made a part of that certain Payment Bond, dated ____________, 20__ executed and delivered by ___________________, as Contractor, and ______________________, as Surety, in favor of Obligees, in the sum of _____________________ ($________) with respect to the Project referenced above.

2. All of the terms, conditions and provisions of the Payment Bond are

hereby incorporated herein by this reference as if fully set forth herein. 3. All defined terms as set forth in the Payment Bond shall have the same

meaning herein. 4. _______________________ is hereby added to the Payment Bond as an

additional named Obligee. 5. Nothing herein shall alter or affect any of the terms, conditions and other

provisions of the Payment Bond, including especially but without limitation, the aggregate liability of Surety as described in paragraph 2 of the Payment Bond.

Signed and sealed this ________ day of ___________, 20__. Witness as to Contractor: CONTRACTOR: ________________________ _______________________ By: __________________________________ _____________________________________ Name and Title (Printed) SURETY: _____________________________ By: __________________________________ _____________________________________ Name and Title (Printed)

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Project Name: __________ Project Number: _________ ADDITIONAL SURETY RIDER (Additional surety only allowed with prior written HUD approval.)

1. This Additional Surety Rider is attached to and made a part of that certain Payment Bond, dated ____________, 20__executed and delivered by __________________, as Contractor, and ______________________, as Surety, in favor of Obligees, in the sum of _____________________ ($________) with respect to the Project referenced above.

2. All of the terms, conditions and provisions of the Payment Bond are hereby incorporated herein by this reference as if fully set forth herein.

3. All defined terms as set forth in the Payment Bond shall have the same meaning herein.

4. ___________________________ (“Additional Surety”) is hereby added to the Payment Bond as an additional named Surety, and all references in the Payment Bond to “Surety” shall include the Additional Surety.

5. Each Surety and Additional Surety (collectively, “Surety”) is held and firmly bound, jointly and severally, onto Obligees. Further, each undersigned Surety binds itself in the aforesaid full sum jointly and severally, as well as severally, for the purpose of allowing joint action or singular action against any or all of them in the full amount of this Payment Bond and for all other purposes each Surety binds itself, jointly and severally with Contractor, for the payment of the full sums above stated.

6. Nothing herein shall alter or affect any of the terms, conditions and other provisions of the Payment Bond, including especially but without limitation, the aggregate liability of Surety as described in paragraph 2 of the Payment Bond.

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SIGNED AND SEALED this _______ day of ______________, 20__. Witness as to Contractor: CONTRACTOR: _________________________ _______________________ By: ______________________ _________________________ Name and Title (Printed) SURETY ADDITIONAL SURETY: ________________________ _________________________ By: _____________________ By: ______________________ ________________________ _________________________ Names and Title (Printed) Name and Title (Printed)

EXHIBIT V

Performance Bond HUD Form 92452M Rev. 6.18 New 2.12.19

Document on Following Page

Previous editions are obsolete

Performance Bond HUD-92452M (6/18)

1

Performance Bond -

Dual Obligee

U.S. Department of Housing and Urban Development Office of Housing

OMB Approval No. 2502-0598 (Exp. 9/30/2021)

Public Reporting Burden for this collection of information is estimated to average 0.5 hour per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Response to this request for information is required in order to receive the benefits to be derived. This agency may not collect this information, and you are not required to complete this form unless it displays a currently valid OMB control number. While no assurance of confidentiality is pledged to respondents, HUD generally discloses this data only in response to a Freedom of Information Act request.

Warning: Federal law provides that anyone who knowingly or willfully submits (or causes to submit) a document containing any false, fictitious, misleading, or fraudulent statement/certification or entry may be criminally prosecuted and may incur civil administrative liability. Penalties upon conviction can include a fine and imprisonment, as provided pursuant to applicable law, which includes, but is not limited to, 18 U.S.C. 1001, 1010, 1012; 31 U.S.C. 3729, 3802, 24 C.F.R. Parts 25, 28 and 30, and 2 C.F.R. Parts 180 and 2424. CONTRACTOR/PRINCIPAL (Name and Address): OWNER (Name and Address): LENDER (Name and Address): SURETY (Name and Principal Place of Business): PROJECT (Name, HUD Project Number and Location): CONSTRUCTION CONTRACT: Date: Amount: BOND: Date: Amount: RIDERS TO THIS BOND: ____ Yes ____ No

This Performance Bond-Dual Obligee is issued simultaneously with a Payment Bond (“Payment Bond”) issued with respect to the Project. As used herein,

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“Obligees” shall mean Owner, Lender, Secretary of Housing and Urban Development (“HUD”) and the additional obligee(s), if any, identified in a Rider to this Bond and “Obligee” shall mean any of the Obligees.

1. Contractor has entered into a Construction Contract with Owner for the

construction of the Project (“Contract”). The Contract (as the same may be now or hereafter amended by change order or otherwise) is made a part hereof by reference.

2. Lender has agreed to lend to Owner a sum of money to be secured by a

mortgage between Owner and Lender (“Security Instrument”) on the Project that provides for advances under that certain note executed by Owner and payable to Lender (“Note”), in part, to make payment under the Contract, and desires protection as its interest appears, in event of default by Contractor under the Contract.

3. Contractor and Surety, jointly and severally (“Obligors”), bind themselves,

their heirs, executors, administrators, successors and assigns, to Obligees in the sum of ________________________________________________ Dollars ($_______________), for the performance of the Contract. Any approved increase in the total Contract price shall increase the obligation of Obligors accordingly.

4. If the Contractor performs the Contract and fully indemnifies and saves

harmless Obligees from all costs and damages which they may suffer by reason of failure to do so, and fully reimburse and repay Obligees all expenses which any Obligee may incur in making good any such default, then this obligation shall be null and void; otherwise it shall remain in full force and effect.

5. Surety shall not be liable under this Performance Bond to Obligees, or any of

them, unless Obligees make payments to Contractor in accordance with the terms of the Contract as to payments, and/or perform any of the other obligations under the Contract. However, Surety shall not assert a failure by Obligees to make payments or perform obligations under the Contract unless each Obligee has been given written notice by Surety of any such failure and a reasonable period of time (but in no event less than thirty (30) days from receipt of said notice), in which to cure such failure.

6. Surety agrees that any right of action that any of Obligees herein may have

under this Performance Bond may be assigned, without the consent of Contractor or Surety, to HUD, and that such assignment will in no manner invalidate or qualify this instrument.

7. The aggregate liability of Surety hereunder to Obligees or their assigns is

limited to the penal sum above stated, and Surety, upon making any payment hereunder, shall be subrogated to, and shall be entitled to an assignment of, all rights of the payee, either against Contractor or against any other party liable to the payee in connection with the loss which is the subject of the payment. Notwithstanding the foregoing, no amounts paid to Owner without the written consent of Lender shall reduce the liability of Surety to Lender under this Performance Bond.

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8. Any suit, action or proceeding by reason of any default whatever shall be

instituted within two years after the date Owner declares Contractor in default under the Contract. If this limitation is deemed to be in contravention of any controlling law, this Performance Bond is deemed amended so as to substitute the minimum period of limitation permitted by such controlling law for the above limitation.

9. Surety hereby waives notice of any change, including changes of time, to the

Contract or to related subcontracts, purchase orders and other obligations. 10. Notice to Surety, Owner, or Contractor shall be served by mailing the same

by registered mail or certified mail, postage prepaid, to the address shown on this Performance Bond or to such other address as may have been previously specified by the recipient in a notice given in accordance herewith. SIGNED and SEALED THIS __________ day of ________________, 20__. Witness as to Contractor: CONTRACTOR: _________________________ _______________________ By: ______________________ _________________________ Name and Title (Printed) SURETY: _________________________ By: ______________________ _________________________ Name and Title (Printed)

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Project Name: ____________ Project Number: ___________ ADDITIONAL OBLIGEE RIDER (Additional obligee only allowed with prior written HUD approval.)

1. This Additional Obligee Rider is attached to and made a part of that certain Performance Bond, dated ____________, 20__, executed and delivered by ___________________, as Contractor, and _____________, as Surety, in favor of Obligees, in the sum of _____________________ ($_______) with respect to the Project referenced above.

2. All of the terms, conditions and provisions of the Performance Bond are hereby incorporated herein by this reference as if fully set forth herein.

3. All defined terms as set forth in the Performance Bond shall have the same meanings herein.

4. _______________________ is hereby added to the Performance Bond as an additional named Obligee.

5. Nothing herein shall alter or affect any of the terms, conditions and other provisions of the Performance Bond, including especially but without limitation, the aggregate liability of Surety as described in paragraph 3 of the Performance Bond. Signed and sealed this ________ day of ___________, 20__. Witness as to Contractor: CONTRACTOR: ________________________ _______________________ By: __________________________________ _____________________________________ Name and Title (Printed) SURETY: _____________________________ By: __________________________________ _____________________________________ Name and Title (Printed) Project Name:_____________ Project Number: ___________

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ADDITIONAL SURETY RIDER (Additional surety only allowed with prior written HUD approval.)

1. This Additional Surety Rider is attached to and made a part of that certain Performance Bond, dated ____________, 20__, executed and delivered by ____________________________________, as Contractor, and ________________________________________, as Surety, in favor of Obligees, in the sum of _____________________________________ ($________) with respect to the Project referenced above.

2. All of the terms, conditions and provisions of the Performance Bond are hereby incorporated herein by this reference as if fully set forth herein.

3. Except as set forth in paragraph 5 below, all defined terms as set forth in the Performance Bond shall have the same meanings herein.

4. ___________________________ (“Additional Surety”) is hereby added to the Performance Bond as an additional named surety.

5. Each surety and additional surety (collectively, “Surety”) is held and firmly bound, jointly and severally, onto Obligees. Further, each undersigned Surety binds itself in the aforesaid full sum, jointly and severally, as well as severally, for the purpose of allowing joint action or singular actions against any or all of them in the full amount of this Performance Bond and for all other purposes each Surety binds itself, jointly and severally with Contractor, for the payment of the full sums above stated. All references in the Performance Bond to Surety shall include Additional Surety.

6. Nothing herein shall alter or affect any of the terms, conditions and other provisions of the Performance Bond, including especially but without limitation, the aggregate liability of Surety as described in paragraph 3 of the Performance Bond.

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SIGNED AND SEALED this _______ day of ______________, 20___. Witness as to Contractor: CONTRACTOR: _________________________ _______________________ By: ______________________ _________________________ Name and Title (Printed) SURETY: _________________________ By: ______________________ _________________________ Name and Title (Printed)