GREATER DAYTON PREMIER MANAGEMENT 400 WAYNE AVENUE, DAYTON, OHIO 45410 QUOTATION REQUEST RFQ# 19-01 THIS IS NOT AN ORDER Date: 3/22/2019 Please quote us your price on the item enumerated below. Your quotation to be accepted must reach us by 3/29/19 by 3:00 PM. GDPM is exempt from both Federal Excise and Ohio Sales Tax. Return FULLY completed and signed cover page, Terms and Conditions, quote attachment, and contractor profile forms, and Section 3 Application (attached), subcontractor list (form attached) and specify your MBE/WBE/VBE/ SBE/DBE/EDGE status. You may submit this information by any means to Compliance Department, Attn: Latia Pempsell, Contract Administrator, 400 Wayne Avenue, Dayton, Ohio 45401, Fax: 937-910-7628, Email (preferred): [email protected] and retain one copy for your files. LaTia Pempsell Contract Administrator DESCRIPTION: Greater Dayton Premier Management (GDPM) is soliciting quotes for a certified water restoration contractor to repair water damage at 904 Custer Place. Any suspected discrepancies should be brought to the attention of GDPM prior to submitting a quotation. Any questions should be sent to Anthony Hughes via email at ahughes@gdpm.org, or phone 937-414-7116 Monday through Friday between the hours of 8:30 a.m. and 5:00 p.m. A site visit is scheduled for Wednesday, March 27, 2019 at 10:30 a.m. Please send quotations to LaTia Pempsell by e-mail at procurement@gdpm.org or fax at 937-910-7628 by 3:00 pm on or before the due date. No bid opening will be conducted. Results will be posted on gdpm.org. GDPM will award the contract on the lowest and best bid, that’s meets the necessary criteria and qualifications. The evaluati on criteria are, but not limited to as follows: The ability, capacity, and skill of the Quoter to perform the contract or provide the service required. Whether the Quoter can perform the contract or service promptly, or within the time frame required, without delay or interference. The character, responsibility, integrity, reputation, and experience of the Quoter. The quality of performance of previous contracts or services. Please reference the attached Scope of Services, Section 3 Forms, Wage Decision, Payroll, and MBE Participation forms. If favored with a contract, we agree to furnish the items included in the scope of work at the pricing submitted and under the conditions indicated. We also agree to provide GDPM with a completed Form W-9. Addendum acknowledgement (if applicable): Federal I.D. #: Phone #: E-mail: Date: Signed By: D.U.N.S #:
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GREATER DAYTON PREMIER MANAGEMENT
400 WAYNE AVENUE, DAYTON, OHIO 45410
QUOTATION REQUEST
RFQ# 19-01THIS IS NOT AN ORDER
Date: 3/22/2019
Please quote us your price on the item enumerated below. Your quotation to be accepted must reach us by 3/29/19 by 3:00 PM. GDPM is exempt from both Federal Excise and Ohio Sales Tax.
Return FULLY completed and signed cover page, Terms and Conditions, quote attachment, and contractor profile forms, and Section 3 Application (attached), subcontractor list (form attached) and specify your MBE/WBE/VBE/
SBE/DBE/EDGE status. You may submit this information by any means to Compliance Department, Attn: Latia
Pempsell, Contract Administrator, 400 Wayne Avenue, Dayton, Ohio 45401, Fax: 937-910-7628, Email (preferred): [email protected] and retain one copy for your files.
LaTia Pempsell
Contract Administrator
DESCRIPTION: Greater Dayton Premier Management (GDPM) is soliciting quotes for a certified water restoration contractor to repair water damage at 904 Custer Place.
Any suspected discrepancies should be brought to the attention of GDPM prior to submitting a quotation. Any questions should be sent to Anthony Hughes via email at [email protected], or phone 937-414-7116 Monday through Friday between the hours
of 8:30 a.m. and 5:00 p.m. A site visit is scheduled for Wednesday, March 27, 2019 at 10:30 a.m.
Please send quotations to LaTia Pempsell by e-mail at [email protected] or fax at 937-910-7628 by 3:00 pm on or before
the due date. No bid opening will be conducted. Results will be posted on gdpm.org.
GDPM will award the contract on the lowest and best bid, that’s meets the necessary criteria and qualifications. The evaluation
criteria are, but not limited to as follows:
The ability, capacity, and skill of the Quoter to perform the contract or provide the service required.
Whether the Quoter can perform the contract or service promptly, or within the time frame required, without delay or
interference.
The character, responsibility, integrity, reputation, and experience of the Quoter.
The quality of performance of previous contracts or services.
Please reference the attached Scope of Services, Section 3 Forms, Wage Decision, Payroll, and MBE Participation forms.
If favored with a contract, we agree to furnish the items included in the scope of work at the pricing submitted and under the
conditions indicated. We also agree to provide GDPM with a completed Form W-9.
SCOPE OF WORK: 904 CUSTER PLACE RFQ 19-01 scope of repairs for 904 Custer from water and mold damage. Laundry Area Remove and replace all drywall walls Scrape and seal studs behind walls. Remove and replace wood baseboard Remove, clean and reset laundry faucets Remove, clean and reset dryer vents Remove clean and reset cabinets Remove clean and reset all electric. Clean window Remove and replace window shade Seal and paint all walls and baseboard. Clean seal and paint ceiling Clean, Strip and wax floors. Furnace Room Remove clean and reset furnace Remove clean and reset water heater. Remove and replace drywall on wall between utility room and laundry room. Remove and replace baseboard on same wall. Clean seal and paint all walls. Clean seal and paint ceiling Clean seal and paint baseboard. Clean seal and paint doors Clean door hardware. Clean all ductwork in apartment. Remove clean and reset all electric. Remove clean and reset HVAC vents. Clean, Strip and wax floors. Kitchen Remove and replace drywall on exterior walls. Remove and replace baseboard and door trim on same wall. Seal and paint replaced wall and baseboard and door trim . Clean seal and paint the rest of the walls. Clean seal and paint ceiling Remove clean and reset cabinets and counter top Remove clean and reset all electric. Remove clean and reset the range hood. Clean range Clean refrigerator Clean window Remove and replace window shade
Remove clean and reset HVAC vents. Clean seal and paint exterior door Clean, Strip and wax floors. Living Room Remove and replace all drywall on all walls and ceiling Remove and replace all baseboards and door trim. Seal and paint all replaced drywall and baseboards and door trim Remove clean and reset all electric. Clean window Remove and replace window shade Remove clean and reset HVAC vents. Clean seal and paint exterior door and closet door Clean all door hardware Clean seal and paint closet Clean, Strip and wax floors. Stairwell. Remove and replace bottom 4 ft of interior wall. Remove and replace baseboard on same wall. Seal and paint replaced wall and baseboard. Clean seal and paint the rest of the walls and ceiling. Clean stair treads. Clean hand rail Remove clean and reset all electric. Hallway upstairs Clean seal and paint all walls and ceiling baseboards and door trim Clean seal and paint all doors Clean seal and paint ceiling Clean all door hardware Remove clean and reset all electric. Clean seal and paint closet Clean, Strip and wax floors. Bedroom 1 Remove and replace drywall on exterior wall Remove and replace baseboard and door trim on same wall. Seal and paint replaced wall and baseboard Clean seal and paint the rest of the walls and baseboards and door trim. Clean seal and paint ceiling Clean seal and paint all doors Clean all door hardware Remove clean and reset all electric. Clean seal and paint closet
Clean, Strip and wax floors. Bedroom 2 Clean seal and paint all walls and ceiling baseboards and door trim Clean seal and paint all doors Clean seal and paint ceiling Clean all door hardware Remove clean and reset all electric. Clean seal and paint closet Clean, Strip and wax floors.
General Decision Number: OH190018 01/04/2019 OH18
Superseded General Decision Number: OH20180039
State: Ohio
Construction Type: Residential
Counties: Greene, Miami, Montgomery and Preble Counties in
Ohio.
RESIDENTIAL CONSTRUCTION PROJECTS (consisting of single family
homes and apartments up to and including 4 stories).
Note: Under Executive Order (EO) 13658, an hourly minimum wage
of $10.60 for calendar year 2019 applies to all contracts
subject to the Davis-Bacon Act for which the contract is awarded
(and any solicitation was issued) on or after January 1, 2015.
If this contract is covered by the EO, the contractor must pay
all workers in any classification listed on this wage
determination at least $10.60 per hour (or the applicable
wage rate listed on this wage determination, if it is higher)
for all hours spent performing on the contract in calendar
year 2019. If this contract is covered by the EO and a
classification considered necessary for performance of work on
the contract does not appear on this wage determination, the
contractor must pay workers in that classification at least
the wage rate determined through the conformance process set
forth in 29 CFR 5.5(a)(1)(ii) (or the EO minimum wage rate,
if it is higher than the conformed wage rate). The EO minimum
wage rate will be adjusted annually. Please note that
this EO applies to the above-mentioned types of contracts
entered into by the federal government that are subject
to the Davis-Bacon Act itself, but it does not apply
to contracts subject only to the Davis-Bacon Related Acts,
including those set forth at 29 CFR 5.1(a)(2)-(60). Additional
information on contractor requirements and worker protections
under the EO is available at www.dol.gov/whd/govcontracts.
Dayton Metropolitan Housing Authority dba Greater Dayton Premier Managment
400 Wayne Ave. Dayton, Ohio 45410-8750 Telephone (937) 910-7500
Fax (937) 910-7628 Supplemental Instructions to Contractors for Section 3 Compliance
(sec3-008)
Section 3 is a part of the U.S. Department of Housing and Urban Development (HUD) Act of 1968. This Act and HUD Regulation 24 CFR Part 135 ensures that employment and other economic opportunities generated by certain HUD financial assistance shall be directed to public
housing residents, individuals of low to very low income, and to business concerns that provide economic opportunities to these individuals. Current contract is under regulation of 24 CFR part 135.
GDPM Section 3 Goals
All contractors and subcontractors shall take necessary actions to the greatest extent feasible to meet the following goals. GDPM expects a responsive Contractor to show its commitment to and compliance with Section 3 goals on each project as outlined within the below requirements and documentation.
Section 3 Employment Goals
Contractors and any Tier Subcontractors New Hires and Trainees Minimum 30% of workforce
Section 3 Contracting Goals Contractors Any Tier Subcontractors (construction) Subcontract Awards Minimum 10% of the total dollar amount of contract
Contractors and Any Tier Subcontractors (non-construction; professional services) Subcontract Awards Minimum 3% of the total dollar amount of contract
GDPM Award Process and Contractor Commitment to Section 3 Goals
Procurement under the competitive proposals method of procurement (Request for Proposals (RFP)).
A Request for Proposals (RFP) shall identify all evaluation factors (and their relative importance) to be used to rate proposals. One of the evaluation factors shall address both the preference for Section 3 business concerns and the acceptability of the strategy for meeting the greatest extent feasible requirement (Section 3 strategy), as disclosed in proposals submitted by all business concerns (Section 3 and non-Section 3 business concerns). This factor shall provide for a range of 15 to 25 percent of the total number of available points to be set aside for the evaluation of these two components. The contract award shall be made to the responsible firm (either Section 3 or non-Section 3 business concern), whose proposal is determined most advantageous, considering price and all other factors specified in the RFP.
Procurement by sealed bids (Invitations for Bids).
An award shall be made to the qualified Section 3 business with the highest priority ranking and with the lowest responsive bid if that bid: (A) is within the maximum total contract price established in the contracting party's budget for the specific project for which bids are being taken, and
(B) is not more than “X” higher than the total bid price of the lowest responsive bid from any responsible
x=lesser of:
When the lowest responsive bid is less than $100,000. 10% of that bid or $9,000.
When the lowest responsive bid is:
At least $100,000, but less than $200,000. 9% of that bid, or $16,000.
At least $200,000, but less than $300,000. 8% of that bid, or $21,000.
At least $300,000, but less than $400,000. 7% of that bid, or $24,000.
At least $400,000, but less than $500,000. 6% of that bid, or $25,000.
At least $500,000, but less than $1 million. 5% of that bid, or $40,000.
At least $1 million, but less than $2 million. 4% of that bid, or $60,000.
At least $2 million, but less than $4 million. 3% of that bid, or $80,000.
At least $4 million, but less than $7 million. 2% of that bid, or $105,000.
$7 million or more................. 1\1/2\% of the lowest responsive bid, with no dollar limit.
If no responsive bid by a Section 3 business concern meets the requirements above, the contract shall be awarded to a responsible bidder with the lowest responsive bid.
Bid/Proposal Phase Bidder/offeror not claiming a section 3 preference:
1. Bidder/offeror not claiming a Section 3 preference during thebid/proposal phase shall submit the following forms with their bid/offer. Failure to complete, execute, and submit all forms will render the bidder/offer non-responsive and their bid/offer will not be considered.
• Form sec3-001b, List of Current (pre-bid) Employees
• Form sec3-001e, Section 3 Strategy Commitment andCompliance Assessment
2. Bidder/offeror claiming a Section 3 Business Concernpreference:
A bidder/offeror claiming a Section 3 Business Concernpreference must submit Section 3 required certification. To qualify,the party wishing to claim a Section 3 preference shall completethe following forms and submit them either prior to or with thebid/offer for which qualification is sought:
For all individuals, sole proprietorships, partnerships, corporations, or joint ventures with a 51% ownership claiming a Section 3 preference
Form sec3-001a, Section 3 Business Concern Applicationand all required supporting documentation
Form sec3-001b, Section 3 Employee List and all requiredsupporting documentation
Form sec3-001e, Section 3 Strategy Commitment andCompliance Assessment
For businesses claiming 30% of their current full-time workforce qualify as section 3 residents, or within three years of the date of first employment with the business concern were section 3 residents
Form sec3-001a, Section 3 Business Concern Application
Form sec3-001b, Section 3 Employee List and all requiredsupporting documentation
Form sec3-001c, Section 3 Contractor or SubcontractorPayroll Report completed for each F/T employee who hasbeen employed at least one month. This includes allemployees of the company
Form sec3-001e, Section 3 Strategy Commitment andCompliance Assessment
Form sec3-002a, Section 3 Resident Preference Claim Formand all required supporting documentation (to be completedfor each Section 3 resident claimed in meeting the 30%threshold)
Form sec3-002b, Section 3 Resident or Employee HouseholdIncome Certification (to be completed for each Section 3resident claimed in meeting the 30% threshold)
For businesses claiming to subcontract in excess of 25 percent of the dollar award of all subcontracts to be awarded to business concerns that meet the qualifications set forth in paragraphs (1) or (2) above
Form sec3-001a, Section 3 Business Concern Applicationand all required supporting documentation for each individual, sole proprietorship, partnership, corporation, or joint venture claimed on the subcontractor list
Form sec3-001b, Section 3 Employee List and all requiredsupporting documentation
Form sec3-001d, Section 3 Contractor or SubcontractorPayroll Report (this list must demonstrate that 25% of the
total dollar amount of all subcontracts to be awarded to Section 3 business concerns)
Form sec3-001e, Section 3 Strategy Commitment andCompliance Assessment
Form sec3-002a, Section 3 Resident Preference Claim Formand all required supporting documentation (to be completed for each Section 3 owner/employee claiming Section 3 resident status as a subcontractor)
Form sec3-002b, Section 3 Resident or Employee HouseholdIncome Certification (to be completed for each Section 3 owner/employee claiming Section 3 resident status as a subcontractor)
For a Section 3 joint venture as an association of business concerns, one of which qualifies as a Section 3 business concern, formed by written joint venture agreement to engage in and carry out a specific business venture. As a part of joint venture, Section 3 business concern must be:
1. Responsible for a clearly defined portion of the work to beperformed and hold management responsibilities in the joint venture; and
2. Performing at least 25 percent of the work and is contractuallyentitled to compensation proportionate to its work.
If there is any question about the validity of a joint venture, GDPM shall request a copy of the joint venture agreement and verify its legitimacy.
Form sec3-001a, Section 3 Business Concern Applicationand all required supporting documentation
Form sec3-001b, Section 3 Employee List and all requiredsupporting documentation
Form sec3-001e, Section 3 Strategy Commitment andCompliance Assessment
Completing the Section 3 Strategy Commitment
In completing the Section 3 Strategy Commitment, the bidders/offeror’s efforts shall be directed towards identifying methods to achieve success under this program, as opposed to documenting the reasons why success was not achieved. Some examples of good faith efforts include, but are not limited to the following:
Hiring:
Target recruitment of GDPM residents for training and employment by taking steps such as:
Prominently placing a notice of commitments under Section3 at the project site or other places where applications for training and employment are taken
Contacting local job training centers, employment serviceagencies, and community organizations
Developing on-the-job training opportunities or participatingin job training programs
Contacting GDPM for a list of agencies that may be able toprovide assistance regarding opportunities for training, which can be utilized on this contract
Advertising in the local media
Keeping a list of Section 3 area residents who apply on theirown or by referral for available positions
Sending to labor organizations or representatives of workerswith whom the recipient, contractor, or subcontractor has a
collective bargaining agreement or other understanding, a notice about contractual commitments under Section 3
Selecting Section 3 area residents, particularly GDPMresidents, for training and employment positions
Providing an ongoing monitoring of the program by thecontractor and its subcontractors to ensure compliance andto identify problems or difficulties in meeting therequirements, and implement strategies to overcome theproblems. Where problems or difficulties in meeting thegoals are encountered, taking aggressive efforts to rectifythe matter. Such action shall include, but not be limited to,convening a meeting with GDPM to advise it of the problemsand proposed solutions. GDPM will offer its assistancewhenever possible.
Contracting:
Target recruitment of Section 3 business concerns by taking such steps as:
Contacting Section 3 business concerns in GDPM’sdirectory
Prominently placing a notice of commitment relative toSection 3 contracting at the project site and otherappropriate places
Contacting GDPM for a list of certified firms
Contacting other organizations which might be helpful inidentifying Section 3 business concerns
Advertising in the local media
Dividing total work into smaller sub-tasks (i.e. by floor)
Using multiple firms for the same type of work (i.e. two drywallsubcontractors or several plumbing suppliers)
If necessary to meet the program objectives, exercisingflexibility in utilizing Section 3 business concerns in other oradditional areas than initially proposed
Providing ongoing monitoring of the program by thecontractor and its subcontractors to ensure compliance and toidentify problems or difficulties in meeting the requirements,and implement strategies to overcome the problems. Whereproblems or difficulties in meeting the goals are encountered,take aggressive efforts to rectify the matter. Such action shallinclude, but not be limited to convening a meeting with GDPMto advise it of the problems and proposed solutions. GDPMwill offer its assistance whenever possible.
Pre-Award Phase
Subsequent to the submission of bids/proposals, but prior to contract award, contractors may be requested to provide additional information regarding the submissions required in the Bid/Proposal Phase. Such requests may be made in instances where the contractor does not show sufficient detail in its required Section 3 Strategy Commitment, where the contractor’s required submissions do not reflect achievement of the minimum stated goals, where the contractor has not identified the name of the Section 3
subcontractor(s) in the required submissions, or where it is deemed necessary by GDPM’s Contracting Officer.
Contract Award Phase
As a condition of contract award, the contractor shall be required to enter into a Section 3 Memorandum of Understanding delineating the “greatest extent feasible” efforts required of the contractor during the term of the contract. Form sec3-009, Section 3 Memorandum of Understanding shall be used.
Contract Performance Phase
GDPM shall monitor and evaluate the contractor’s Section 3 compliance towards achieving the numerical goals relative to Section 3 employment, training, and contracting on a monthly basis throughout the contract period. The contractor shall be responsible for providing the following reports to GDPM, which shall be submitted no later than 4:30 p.m., on the first business day of each month throughout the contract period:
Form sec3-010, Contractor’s Section 3 Employment andTraining Compliance Report
The contractor shall also ensure that for each Section 3 resident hired, form sec3-002a, Section 3 Resident Preference Claim and form sec3-002b, Section 3 Resident or Employee Household Income Certification are completed and submitted to GDPM. These forms shall be completed by the resident and submitted to GDPM by the contractor with the monthly reports listed above.
The contractor shall be responsible for monitoring the compliance of any tier subcontractors. In doing so, the contractor shall require monthly reports from its lower tier subcontractors in the formats provided.
Determination of Compliance
Contractors and their subcontractors may demonstrate compliance with Section 3 by meeting the commitments stated on the Form sec3-001e, Section 3 Strategy Commitment and Compliance Assessment and by meeting the employment and contracting numerical goals set forth above. Contractors who do not meet their commitment shall have the burden of demonstrating through the submission of supporting documentation why it was not feasible to meet the numerical goals. It is expected that contractors who put forth a good faith effort will be successful in meeting the goals relative to Section 3 employment and contracting.
Effects of Non-Compliance
Contractors that do not meet the numerical goals set forth herein have the burden of demonstrating why it was not feasible to meet the goals. GDPM shall consider documentation provided by the contractor evidencing impediments encountered despite actions taken to comply. Such evidence shall be subject to the satisfaction of GDPM. The documentation may be subject to the examination of GDPM’s Board of Commissioners prior to the award of any future contract awards. Contractors found not to be in compliance with the provisions of Section 3 may be deemed ineligible for future contract awards with GDPM or at least be subject to business suspension from doing business with GDPM for one to three years.
For complete set of forms please visit: http://www.GDPM.org/doing-business-with-GDPM/section-3-overview/section-3.html
For any questions on Section 3, please e-mail [email protected] or mail
A. The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing.
B. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations.
C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers’ representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the 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 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135.
E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135.
F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts.
G. In the event of a determination by the Executive Director or his/her designee that the Contractor is not in compliance with the section 3 clause or any rule, regulation, or report submission requirements of the GDPM, this contract may be canceled, terminated, or suspended in whole or in part, and the Contractor may be declared ineligible for further GDPM contracts for a period of one to three years.
Page 1 of 3 Form sec3-001a, Section 3 Business Concern Application (April 2018)
Dayton Metropolitan Housing Authority dba Greater Dayton Premier Management
400 Wayne Ave.
Dayton, Ohio 45410-8750 Telephone (937) 910-7500
Fax (937) 910-7628
Section 3 Business Concern Application The purpose of Section 3 is to ensure that economic opportunities generated by certain HUD funded projects shall, to the greatest extent feasible, and consistent with existing Federal and State laws, be directed to low- and very low-income persons (particularly those receiving assistance for housing), and to the businesses that provide economic opportunities to these
persons. Section 3 is race and gender neutral. The preference is income and location based.
Use guidelines on page 3 to determine if your business or any of your subcontractors qualify for Section 3 status
NAME OF BUSINESS: ______________________________________________________________________________
ADDRESS OF BUSINEES: ___________________________________________________________________________
Corporation Partnership Sole Proprietorship Joint Venture
Ethnicity: ____________ Gender: ______________ Federal Employer Identification Number/SSN_____________________
2. CHECK AND ATTACH ALL THAT APPLY
If corporation, statement from Secretary of State showing firm is current with annual fees or provide
copy of cancelled check.
Sole Owner (If Applicable)
List of Owners/Stockholders and ownership percentage (%) of each
Partnership or Joint Venture Agreement
Business Occupational License
3. CHECK WHERE APPLICABLE (all applicable forms may be obtained at http://www.dmha.org/doing-business-with-
dmha/section-3-overview/section-3.html)
I am an individual, sole proprietorship, partnership, corporation or joint venture NOT claiming a Section 3 preference
(please check Section 3 resident/business definitions and income guidelines*** at the end of this document prior to selecting this option).
Prime Contractor submit: Form sec3-001b, List of Current (pre-bid) Employees
Prime Contractor submit: Form sec3-001e, Section 3 Strategy Commitment and Compliance Assessment
I am an individual, sole proprietorship, partnership, corporation or joint venture claiming a Section 3 preference as:
(1) An individual, sole proprietorship, partnership, corporation or joint venture that has a 51% ownership by a Section 3 qualified individual (see guidelines on the page 3).
Prime Contractor submit: Form sec3-001a, Section 3 Business Concern Application (this form) and all
required supporting documentation.
Prime Contractor submit: Form sec3-001b, Section 3 Employee List
For the Owner claiming 51% or more Ownership submit: Form sec3-002a, Section 3 Resident Preference Claim Form and all required supporting documentation (to be completed for each section 3 resident claimed in
meeting the 30% threshold)
For the Owner claiming 51% or more Ownership submit: Form sec3-002b, Section 3 Resident or Employee Household Income Certification (to be completed for each section 3 resident claimed in meeting the 30%
Page 2 of 3 Form sec3-001a, Section 3 Business Concern Application (April 2018)
(2) A business claiming 30% of current full-time workforce qualify as section 3 residents, or within three years of the date of first employment with the business concern were section 3 residents see guidelines on
the page 3).
Prime Contractor submit: Form sec3-001a, Section 3 Business Concern Application (this form) and all required supporting documentation.
Prime Contractor submit: Form sec3-001b, Section 3 Business Employee List and all required supporting documentation
Prime Contractor submit: Form sec3-001c, Section 3 Business Contractor or Subcontractor Payroll Report
Complete for each F/T employee who has been employed at least one month. (this includes all employees of the company)
For each Section 3 Employee submit: Form sec3-002a, Section 3 Resident Preference Claim Form and all
required supporting documentation (to be completed for each section 3 resident claimed in meeting the 30% threshold)
For each Section 3 Employee submit: Form sec3-002b, Section 3 Resident or Employee Household Income
Certification (to be completed for each section 3 resident claimed in meeting the 30% threshold)
(3) A business claiming to subcontract in excess of 25 percent of the dollar award of all subcontracts to be
awarded to business concerns that meet the qualifications set forth in paragraphs (1) or (2) above.
Prime Contractor submit: Form sec3-001a, Section 3 Business Concern Application (this form) and all required supporting documentation completed by the prime contractor
Prime Contractor submit: Form sec3-001b, Section 3 Employee List and all required supporting documentation completed by the prime contractor
Prime Contractor submit: Form sec3-001d, Section 3 Contractor or Subcontractor Report (this list must
demonstrate that 25% of the total dollar award of all subcontracts to be awarded to Section 3 business concerns).
For each Section 3 Subcontract submit: Form sec3-001a, Section 3 Business Concern Application and all
required supporting documentation for each individual, sole proprietorship, partnership, corporation or joint venture claimed on the subcontractor list.
For each Section 3 Subcontract submit: Form sec3-002a, Section 3 Resident Preference Claim Form and all
required supporting documentation (to be completed for each section 3 owner/employee claiming Section 3 resident status as a subcontractor)
For each Section 3 Subcontract submit: Form sec3-002b, Section 3 Resident or Employee Household Income
Certification (to be completed for each section 3 owner/employee claiming Section 3 resident status as a subcontractor)
For each Section 3 Subcontract submit: Form sec3-001b, Section 3 Business Employee List and all required
supporting documentation completed by each subcontractor
I certify to the best of my knowledge that the information contained here within, and the documents attached, is true and correct.
Date Received: _______________ Initial Application Reviewed by: ________________________________________
Final Application Reviewed by: _________________________________Approval Status: Approved Denied
Page 3 of 3 Form sec3-001a, Section 3 Business Concern Application (April 2018)
Why Certify as a Section 3 Business: 1) Receive preference during the bidding/proposal process
(considering responsiveness and responsibility of the quoter, the award will be made to the company claiming Section 3 preference if its quote is within 10% of the lowest quote submitted; see sec3-008 form for award process for bids and proposals) 2) Gain more business opportunities with governmental entities and private sector companies that support economic development goals. 3) Boost your business growth and service/product output
Individuals who qualify as Section 3 residents:
1. A Public housing resident; or 2. An individual who resides in Montgomery County; and is 3. A low-income or very-low income person as defined by HUD.
What defines a person of low and very low income?
A person of low-income, as defined in Section 3(b)(2) of the 1937 Housing Act (42 USC 1437a (b)(2)) and 24 Code of Federal Regulations (CFR) part 135 of HUD regulations, means families (including single persons) whose incomes do not exceed 80% of the median income for the area.
A person of very low-income, as defined in Section 3(b)(2) of the 1937 Housing Act (42 USC 1437a (b)(2)) and 24 Code of Federal Regulations (CFR) part 135 of HUD regulations, means families (including single persons) whose incomes do not exceed 50% of the median income for the area. CHART 1
# IN HOUSEHOLD 1 PERSON 2 PERSONS 3 PERSONS 4 PERSONS 5 PERSONS 6 PERSONS 7 PERSONS 8 PERSONS Very Low-Income $23,000 $26,300 $29,600 $32,850 $35,500 $38,150 $40,750 $43,400 Low-Income $36,800 $42,050 $47,300 $52,550 $56,800 $61,000 $65,200 $69,400 Note: *2018 Median Family Income for Ohio: $65,700 (www.huduser.org)
If you do not wish to use employees’ annual salaries to determine whether they meet criteria as a Section 3 resident, you can use their hourly wages to determine their eligibility, also. CHART 2
# IN HOUSEHOLD 1 PERSON 2 PERSONS 3 PERSONS 4 PERSONS 5 PERSONS 6 PERSONS 7 PERSONS 8 PERSONS Very Low-Income $11.06 $12.64 $14.23 $15.79 $17.07 $18.34 $19.59 $20.87 Low-Income $17.69 $20.22 $22.74 $25.26 $27.31 $29.33 $31.35 $33.37 *Note: Hourly rates were calculated by dividing each of the salaries in Chart 1 by the total number of work hours in a year (i.e. $65,700/2,080 = $31.59)
In order to determine the number of members an employee has within their household, you may utilize personnel records such as tax records and/or other payroll data (i.e., state and federal exemptions), insurance/beneficiary records or emergency contact persons provided by the employee.
A Section 3 Business Concern is a business concern:
1) That is 51% or more owned by a Section 3 resident; or 2) Whose permanent, full-time employees include persons, at least 30% of whom are currently Section 3 residents, or within 3 years of
the date of the first employment with the business concern have been Section 3 residents; or 3) That provides evidence of a commitment to subcontract in excess of 25% of the dollar award of all subcontracts to a business
concern that meets the qualifications in paragraph 1) or 2) above. 4) When it is formed as a part of a Section 3 joint venture. In this venture Section 3 business concern should:
- Be responsible for a clearly defined portion of the work to be performed and hold management responsibilities; and
- Perform at least 25 percent of the work and is contractually entitled to compensation proportionate to its work.
Instructions: Please complete (type or legibly print) information for all employees of the company. Note, include all Section 3 and non-Section 3 company employees. For Section 3 employees,** attach form sec3-002a, Section 3
Resident Preference Claim Form AND form sec3-002b, Section 3 Resident or Employee Household Income Certification (downloadable at http://www.dmha.org/doing-business-with-dmha/section-3-overview/section-3.html). USE ADDITIONAL PAGES OF THIS FORM WHERE NECESSARY AND NUMBER EACH PAGE.
Employee Name Address Job Title Date of Hire FT or PT
Yearly Median
Family Income
Sec. 3
Employee (Yes or No)
Legend: FT = Full Time PT = Part time Sec. 3 = Section 3 Resident
** Section 3 resident is an individual w ho is a public housing resident, or w ho resides in the metropolitan area w here the Section 3 assistance is being
expended AND w ho is low or very low income *** or a person seeking the training and/or employment preference provided by Section 3 program, or a person receiving unemployment benefits, or a returning veteran, or a recent college or vocational school graduate or a w oman in non-traditional career.
Page 1 of 1 Form sec3-002a, Section 3 Resident Preference Claim Form (April 2018)
Dayton Metropolitan Housing Authority dba
Greater Dayton Premier Management 400 Wayne Ave.
Dayton, Ohio 45410-8750
Telephone (937) 910-7500 Fax (937) 910-7628
SECTION 3 RESIDENT PREFERENCE CLAIM FORM A Section 3 resident seek ing the preference in training and employment as defined in the Section 3 regulation at 24
CFR Part 135, shall certify to the recipient, contractor or subcontractor, and submit evidence showing that he/she meets the criteria of a Section 3 resident, (i.e. proof of receipt of public assistance or residency in a United States Department of Housing and Urban Development (HUD) or other federally-assisted housing program, e.g., Public Housing, Section 8,
etc.)
Number of Family Members Total Family Income (Very Low
Income) Total Family Income (Low Income)
1 $23,000 $36,800
2 $26,300 $42,050
3 $29,600 $47,300
4 $32,850 $52,550
5 $35,500 $56,800
6 $38,150 $61,000
7 $40,750 $65,200
8 $43,400 $69,400
*2018 Income Limits
CERTIFICATION FOR SECTION 3 RESIDENT
I, _______________________________________________________________, am a legal resident of the U.S.A. (Your Name)
MY SOCIAL SECURITY NUMBER is ______________________________________________________________.
MY RACE/ETHNICITY is ________________________________________________________________________.
(Optional: For statistical purposes only)
MY PERMANENT ADDRESS is ___________________________________________________________________ (Include City, Street, Zip Code) ________________________________________________________________________
I have attached one of the following documents as proof of my status:
Proof of residency (lease in a HUD or other federally assisted program).
Proof of public assistance, e.g., Temporary Assistance to Needy Families (TANF) recipients, etc.
Proof of participation in a HUD YOUTHBUILD program.
Proof of participation in a federally assisted program such as job training programs, etc.
Proof of participation in a state or local assistance program, or other program that assists low- or very-low income
persons.
ONLY PROVIDE THE FOLLOWING IF NONE OF THE ABOVE IS APPLICABLE:
Use form sec3-002b, Section 3 Resident or Employee Household Income Certification to show employee household income if no other documents are attached.
(MUST BE FILLED OUT FOR A VALID QUOTE/BID/PROPOSAL)
Please outline your strategy in complying with Section 3 contracting and hiring goals.
I. Overview
Description of the project's work detail
Proposed contracting opportunities for Section 3 businesses
Proposed positions for new hires (job description, if available)
II. Describe how your company will advertise contracting opportunities and open positions
III. Implementation Schedule: (Provide an overview of the activities involved in executing Section 3
plan (ex. hiring/contracting process and benchmarking, expanding the pool of candidates for a new
position or a contract by contacting GDPM and/or job and training organizations in the community
to identify qualified individuals and business concerns, etc.)).
IV. Are there any other creative or innovative ideas your company would like to implement in
order to fulfill your Section 3 compliance obligations? If yes, please describe.
V. Can your company provide training opportunities for public housing residents as an option
for meeting your Section 3 requirements? If yes, provide an overview of your training plan.
EQUAL EMPLOYMENT OPPORTUNITY
AFFIRMATIVE ACTION POLICY STATEMENT
It is the policy of to afford equal opportunity for employment to all individuals regardless of race, color, religion, sex, or national origin. The corporation is basically committed to this policy by our status as a Federal Government contractor. We are far more strongly bound to the policy by the fact that adherence to the principles involved is the only acceptable American way of life. Therefore, this corporation will take affirmative action to ensure that we will (1) recruit, hire, and promote all job classifications without regard to race, color, religion, sex or national origin, except where sex is a bona fide occupational qualification; (2) base decisions on employment so as to further the principle of equal employment opportunity; (3) ensure that promotion decisions are in accord with principles of equal employment opportunity by imposing only valid requirements for promotional opportunities; (4) ensure that all personnel actions such as compensation, benefits, transfers, layoffs, return from layoff, company sponsored training, education, tuition assistance, social recreation programs will be administered without regard to race, color, religion, sex, or national origin, except where sex is a bona fide occupational qualification. Additionally, intends full compliance with handicapped and veteran affirmative action requirements. The successful achievement of a nondiscriminatory employment program requires a minimum of cooperation between management and employees. In fulfilling its part in this cooperative effort management is obligated to lead the way by establishing and implementing affirmative action procedures and practices which will ensure our objective, namely equitable employment opportunity for all. Minority and female employees are encouraged to participate in all company activities and refer applicants. I have designed to be assisted by to direct the establishment of and to monitor the implementation of personnel procedures to guide our affirmative action program. This official is charged with designing and implementing audit and reporting systems that will keep management informed on a monthly basis of the status of the equal employment opportunity area. Supervision has been made to understand that their work performance is being evaluated on the basis of their equal employment opportunity efforts and results, as well as other criteria. It shall be a responsibility of supervisors to take actions to prevent harassment of employees placed through affirmative action efforts.
1 Construction Services General Terms and Conditions
GREATER DAYTON PREMIER MANAGEMENT
Construction Services
General Terms and Conditions
Contract No. 1843-19 Repairs 904 Custer Place Water and Mold Damage
This Construction Services General Terms and Conditions (the “Agreement”) is entered into between the Dayton Metropolitan Housing Authority d/b/a Greater Dayton Premier Management (“GDPM”) a body corporate and politic, organized and existing under that laws of the State of Ohio and Contractor and sets forth the construction contract general terms and conditions. Hereinafter, GDPM and Contractor are collectively referred to as the “Parties”.
RECITALS
WHEREAS, GDPM sought quotes for 904 Custer Place Water and Mold Damage, Ohio;
WHEREAS, GDPM awards the Contract to Contractor based on Contractor’s qualifications and bid amount;
WHEREAS, Parties agree that GDPM and Contractor’s contractual relationship is subject to all applicable state, local and federal requirements; and WHEREAS, Contractor represents that it is qualified and authorized to perform all services as set forth in the GDPM solicitation documents, including but not limited to the Specifications and Drawings and as set forth in the Contractor’s Proposal/Quote Form and/or Best and Final offer, if applicable; and WHEREAS, Parties agree that the following Agreement contains GDPM’s General Terms and Conditions for Construction Services and said terms and conditions shall not be subject to further negotiation, modification or amendment and by signing and submitting Contractor’s Proposal/Quote Form, Contractor agrees to all terms and conditions as set forth herein. Unless specifically set forth herein or within the solicitation documents, no other contract documents will be necessary.
NOW THEREFORE, in exchange for mutual consideration the Parties agree to the following general terms and conditions:
GENERAL TERMS AND CONDITIONS
1. Services: Contractor agrees to perform and carry out in a prompt, satisfactory, and professional manner the Work as set forth in the solicitation and bid documents. The term “Work” means the construction and services required by the Contract Documents1 and includes all labor, materials,
1 The term “Contract Documents” includes all Solicitation Documents, Scope of Work, Specifications, Architect Drawing and General Notes on the Drawing, Contractor Quote Form or Best and Final Offer, this Agreement, and any additional supplemental conditions entered into in conformity with this Agreement.
2 Construction Services General Terms and Conditions
equipment and services to be provided by the Contractor to fulfill the Contractor’s obligations. Additionally, the Work provided for by Contractor is limited to the Work identified in the Contract Documents. Any attempt to modify, alter, increase, or decrease the Work provided for in GDPM’s Contract Documents after execution of this Agreement shall constitute a breach of this Agreement, may be grounds for termination of this Agreement and may be subject to the damages provision, including its liquidated damages provision, provided for herein. The contents of the Solicitation Documents and this Agreement will become contractual obligations if Contractor is awarded the Contract. Failure of Contractor to accept the terms and conditions contained herein may result in termination of this Agreement, may subject Contractor to the liquidated damages provision contained herein and Contractor may be removed from future GDPM bid opportunities.
2. Contract Term: This Agreement shall become effective upon GDPM issuing a Notice to Proceed and shall remain in effect for the term specified in the notification. The Total Contract Period shall not exceed fourteen (14) days. 2.1. Contractor acknowledges and agrees that the performance timelines and Total Contract Period
as set forth above provide sufficient time for the Contractor to substantially complete and then finally complete the Work within such time periods. Failure of Contractor to meet performance timelines or to complete the Work within the Total Contract Period is a breach of this agreement and may implicate the liquidated damages provisions. Any request or need for additional time will not necessarily entitle Contractor to additional compensation.
2. Labor and Materials: Unless otherwise provided in the Contract Documents, Contractor shall provide, supervise, and pay for labor, materials, equipment, tools, utilities, transportation, and other facilities and services necessary for proper execution and timely completion of the Work.
3. Supervision and Construction procedures: Unless otherwise specified in the GDPM Contract Documents, Contractor shall supervise and direct the Work and shall be solely responsible for and have control over construction means, methods, techniques, sequences, and procedures, and for coordinating all portions of the Work.
3. Termination for Default: If Contractor fails or refuses to prosecute the Work, or any separable part thereof, with the diligence that will insure its completion within the time specified above (or any extension thereof), or fails to complete the Work within this time, the Contracting Officer may, by written notice to the Contractor, terminate the right to proceed with the work (or separable part of the Work), that has been delayed. In this event, GDPM 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 GDPM resulting from the Contractor’s refusal or failure to complete the Work within 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 GDPM in completing the Work.
3 Construction Services General Terms and Conditions
In additions to the circumstances outlined above entitling GDPM to perform Work on behalf of Contractor or terminate the Contract, if (i) Contractor becomes insolvent, or makes a transfer in fraud of creditors, or makes an assignment for the benefit of creditors; (ii) Contractor files or has filed against it a petition under any chapter or section of the United States Bankruptcy Code, as amended, or under any similar law or statute of the United States or any state thereof, or shall be adjudged bankrupt or insolvent in any legal proceeding; (iii) a receiver or trustee is appointed for all or a significant portion of Contractor’s assets; or (iv) Contractor actually or constructively abandons, or puts GDPM on actual or constructive notice that it intends to abandon, the Work, GDPM may exercise the remedies set forth in this provision.
4. Termination for Convenience: The Contracting Officer may terminate this contract in whole or in part whenever the Contracting Officer determines that such termination is in the best interest of GDPM. Any such termination shall be effected by delivery to the Contractor of a Notice of Termination specifying the extent to which the performance of Work under the contract is terminated, and the date upon which the termination will be effective. If the performance of Work is terminated under this provision, whether in whole or in part, GDPM will be liable to the Contractor for the total cost of accepted Work performed up to the date of termination less the total amount of contract payments made to the Contractor.
5. Mandatory HUD Terms: Parties acknowledge and agree that Form HUD-5370-EZ General Contract Conditions for Small Construction/Development Contracts contains the mandatory terms prescribed by the United States Department of Housing and Urban Development and that said terms are incorporated into this Agreement, attached hereto, and may not be modified or amended. Any term hereinafter, including, without limitation, any provisions contained in Contractor’s Solicitation Response and/or any other contract documents, even if signed by GDPM, that conflict with the terms set forth in Form HUD-5370-EZ General Contract Conditions for Small Construction/Development Contract is void and unenforceable. A copy of said form is available upon request.
6. Mandatory Housing Authority Terms: Parties acknowledge and agree that this Agreement contains GDPM’s Construction Services General Terms and Conditions and contains mandatory terms as set-forth by GDPM and said terms shall not be modified or amended without the express written approval of GDPM’s Contracting Officer and, without such approval, the terms as forth in this Agreement are in full force and effect. Any term(s) hereinafter including, without limitation, any provisions contained in Contractor’s Solicitation Response and/or any other Contractor form that conflict with the terms as set forth in this Agreement is void and unenforceable. Unless otherwise specified herein, any Conflict with this Agreement and other related GDPM Contract Document is unintentional and the terms of this Agreement shall prevail.
7. Subject to Appropriation of Funds: GDPM’s funds are contingent upon the availability of lawful appropriations by the United States Congress and the United States Department of Housing and Urban Development. If the United States Congress and/or the United States Department of Housing and Urban Development fails at any time to continue funding to GDPM, the Work under this Contract
4 Construction Services General Terms and Conditions
may directly or indirectly be affected by the lack of funding and GDPM may terminate the Agreement and GDPM will have no further obligation to make payments and will be released from its obligations on the date such funding expires.
8. Prohibition Against Liens: Contractor if prohibited from placing a Lien on GDPM property. This prohibition shall apply to all subcontractors at any tier and all material suppliers.
9. Compensation and Payment: 9.1. Payments shall be made in accordance with the Contract Documents: Section 01 20 00 –Price
and Payment Procedures, of the Specifications for Roof Replacement 2018.
9.2. If Contractor fails to satisfactorily comply with any term or condition of this Agreement, GDPM may, in its sole discretion, withhold payments claimed by Contractor for services rendered. No payment will be made for incomplete, inaccurate, or defective work. GDPM shall not pay any fees or payments that are putative in nature and/or are not contemplated in this Agreement, the Solicitation or the Contractor’s Quote including, without limitation, one-time fees, recurring fees, staging fees, training fees, annual fee increases, early termination fees, late fees and/or additional miscellaneous fees.
9.3. The Contract Sum as stated in the Best and Final Offer and Notice to Proceed is the total amount payable by GDPM to the Contractor for performance of the Work under the Contract Documents.
9.4. Unless expressly specified in the Contract Documents, the unit prices reflected in the Fee Submission/Quote Form shall remain firm with no provision for price increases during the term of the Contract.
9.5. GDPM shall not be obligated or be liable for any costs incurred prior to award of contract. All costs to submit and prepare a response to the solicitation documents shall be borne by the Proposer/Bidder.
10. Warranties and Representations: In addition to the Warranties, Representations and Guarantees provided for in the Specifications for Rooftop Replacement 2018, Contractor represents and warrants that its services and materials provided for under the terms of this Agreement will be of good quality and consistent with the professional skill and care ordinarily provided by professionals performing the same or similar service and such services and materials shall be provided in accordance with generally accepted industry standards. Additionally, Contractor represents and warrants the following: 10.1. Contractor has the right to enter into this Agreement.
5 Construction Services General Terms and Conditions
10.2. All services, materials and products provided for under this Agreement are provided in accordance with the sound professional standards and the requirements of this Agreement and without any material defect.
10.3. No services or materials provided for by Contractor under this Agreement will infringe upon the intellectual property rights of any third party.
10.4. All services, materials and products provided for hereunder are merchantable and fit for the particular purpose described in this Agreement.
10.5. Contractor has the right and ability to grant the license for any materials and/or products in which title does not pass to GDPM.
10.6. Contractor will observe and abide by all applicable federal, state and local laws, rules, regulations, ordinances and codes and obtain any license(s), permit(s) or the like required to provide the services and materials under this Agreement.
10.7. Contractor has not entered into any other contracts or employment relationships that restrict the Contractor’s ability to perform under this Agreement.
10.8. Contractor warrants that all equipment, mechanical devises, hardware and software or other type of physical machinery (“equipment”) fully complies with all governmental and environmental safety standards applicable to such equipment. The Contractor also warrants that the equipment will perform substantially in accordance with its user manuals, technical materials, and related writings published by the manufacturer with respect to such equipment, and that such equipment will achieve any function described in such writings.
10.9. If any services of Contractor or any materials or products provided for by Contractor fail to comply with these representations and/or warranties, and Contractor is so notified in writing, Contractor shall either 1) correct such failure with all due speed, or 2) shall refund the amount of compensation paid for the services, materials or products. Contractor shall also indemnify GDPM for any direct damages and claims by third parties based upon a breach of these warranties.
11. Consultant/Supplier/Subcontractor Services: Contractor may provide a portion of the Services through one or more Consultant(s)/Supplier/Subcontractor(s), provided, however, that Contractor shall remain responsible for all of the Contractor’s duties and obligations under this Agreement and as set forth in the Contract Documents.
6 Construction Services General Terms and Conditions
11.1. Contractor shall require each Consultant/Subcontractor to be bound to the Contractor’s terms set forth in the Contract Documents and to assume toward Contractor all of the obligations and responsibilities that the Contractor assumes toward GDPM.
11.2. Contractor shall use the GDPM Subcontractor/Consultant Agreement that identifies GDPM as the Agreement’s third-party beneficiary and may not, at any time, retain any Consultant/Subcontractor terms inconsistent with this Agreement.
11.3. Contractor shall obtain GDPM’s written approval before engaging any Consultant/Subcontractor not identified in the initial Contract Documents. Contractor shall not employ any Consultant/Subcontractor against whom GDPM has a reasonable objection.
11.4. Contractor hereby assigns to GDPM each Consultant/Subcontractor’s agreement provided that such assignment is effective only after GDPM terminates this Agreement and GDPM may re-assign accepted agreements.
12. Non-Exclusivity: This Agreement is a non-exclusive agreement. GDPM specifically reserves the right to contract with other entities for the services described in the Contract Documents or for similar services it if deems, in its sole discretion, such action to be in GDPM’s best interest.
13. Indemnity: 13.1. To the fullest extent permitted by law, Contractor hereby agrees to protect, defend,
indemnify and hold harmless GDPM, its employees, agents, officials and officers, from and against all losses, liabilities and any and all claims of whatever kind, nature or description which may be asserted or claimed against GDPM, its employees, agents, officials and officers, arising out of or in connection with Contractor’s (or Contractor’s subcontractor or persons directly or indirectly employed by Contractor or the Subcontractor) acts, omissions, and performance of work hereunder or result from any breach, violation or Contractor’s (or Contractor’s subcontractor or persons directly or indirectly employed by Contractor or the Subcontractor) failure to comply with any of its obligations contained in this Agreement, except to the extent such loss or damage arises from the sole negligence or willful misconduct of GDPM. Contractor agrees, at its own expense, to pay the full cost thereof, including attorney’s fees, if any, incurred by GDPM, its employees, agents, officials and officers, in defending any claim and shall pay any judgment rendered, with respect to the subject of the indemnity contained herein as well as any allegation of libel, slander, invasion of privacy, any failure to obtain any necessary release, permission or clearance, or any other cause of action or claim arising out of materials and elements provided for by Contractor (or Contractor’s subcontractor or persons directly or indirectly employed by Contractor or the Subcontractor) under this Contract. Contractor will be liable, at all times, for damages or destruction of Contractor’s (or Contractor’s subcontractor or persons directly or indirectly employed by Contractor or the Subcontractor) equipment and materials, regardless of how such damage occurs. GDPM will be under no liability to reimburse
7 Construction Services General Terms and Conditions
Contractor (or Contractor’s subcontractor or persons directly or indirectly employed by Contractor or the Subcontractor) for any such loss. If Contractor insures its equipment and material against physical loss of damage, then Contractor agrees to secure, if required in such insurance, a waiver of subrogation in favor of GDPM. It is expressly understood that the foregoing provisions are intended to survive termination of this agreement.
13.2. Nothing contained in this provision shall be construed to limit any indemnity obligations of Contractor as set forth within the provisions of the Contract Documents.
13.3. It is agreed and understood that in no event shall any GDPM official, officer, employee, or agent be held personally liable or responsible for any covenant or agreement whether expressed or implied.
13.4. It is acknowledged and agreed that GDPM has no authority to provide guarantees, indemnifications, rights of set off, or other pledges involving assets of any Public Housing Project as defined in the HUD Annual Contributions Contract between GDPM and HUD (“Annual Contributions Contract”), or other asset of GDPM, including any assets related to the federal programs administered by GDPM. Accordingly, except as approved by HUD in writing, it is acknowledged that there is no legal right of recourse against (1) any GDPM Public Housing Project; (2) any operating receipts, as the term operating receipts is defined in the Annual Contributions Contract, HCV receipts or GDPM Capital Funds; (3) any GDPM public housing operating reserve as reflected in GDPM’s annual operating budget and required under the Annual Contributions Contract; or (4) any other asset of GDPM related to the U.S. Housing Act of 1937, as amended. Should any assets of GDPM be identified at a later date as meeting the criteria set forth above, any guarantees, indemnifications, rights of set off, or other pledges involving those assets will be deemed null, void, and unenforceable.
14. Insurance: 14.1. Prior to commencing work and during the Total Contract Term, Contractor and each
subcontractor shall obtain and maintain the following insurance coverage(s) and the amount of such coverage(s) shall be in an amount to cover all indemnity obligations and shall include, but not necessarily be limited to, the following:
14.1.1. Commercial general liability insurance, including a contractual liability endorsement, in an amount not less than: $1,000,000 each occurrence; $2,000,000 general aggregate; and a products and completed-operations aggregate limit of not less than $2,000,000. Such policy shall not exclude coverage to the additional insured for bodily injury or property damages arising out of the products/completed operations hazard.
14.1.2. Builder’s Risk (fire and extended coverage) Insurance in an amount to cover all Work in place and materials stored at the Work site.
8 Construction Services General Terms and Conditions
14.1.3. Professional liability and/or “errors and omissions” coverage with a limit not less than $1,000,000 for each claim, and $2,000,000 annual aggregate.
14.1.4. Automobile Liability Insurance with GDPM named as an additional insured with minimum
limits as follows: $1,000,000 combined single limit; $50,000/$100,000 for vehicles utilized during the contract when not owned by the Contractor; $5,000 medical pay.
14.1.5. Workers’ Compensation Insurance as required by state statute and Employer’s Liability
Insurance covering all of Contractor’s employees acting within the course and scope of this Contract.
14.1.6. Employer’s Liability with policy limits of not less than $1,000,000 each accident, $1,000,000 each employee, and $1,000,000 each policy limit.
14.1.7. Pollution Liability coverage if the services include environmentally sensitive, hazardous types of activities (including, but limited to, demolition, Asbestos abatement, storage tank removal, or similar activities) or involves Hazardous Materials, Contractor shall maintain a Contractor’s pollution liability policy with a per claim limit of not less than $1,000,000 and an annual aggregate limit of not less than $1,000,000.
14.1.8. Excess Liability Insurance (Umbrella Policy): may compensate for a deficiency in general
liability or automobile insurance coverage limits.
14.2. The coverages provided to GDPM shall be primary and not contributing to or in excess of any existing GDPM insurance coverages.
14.3. The Insurance shall contain provisions preventing cancellation or non-renewal without at
least 45 days’ notice to GDPM and stating that the carrier will waive all rights of recovery, under subrogation or otherwise, against GDPM, its officers, agents, employees or Board of Commissioners.
14.4. Waiver of Subrogation: to the fullest extent provided by applicable law, Contractor waives all rights against GDPM and its agents, officers, commissioners, and employees for damages to the extent covered by any insurance, expect rights to the proceeds of that insurance.
14.5. Contractor shall provide certificates evidencing the coverage required herein to GDPM
upon execution of this Agreement. At any time during the term of this Agreement, GDPM may request, in writing, and the Contractor shall thereupon, within 10 days, supply to GDPM evidence satisfactory of its compliance.
9 Construction Services General Terms and Conditions
15. Limitation of Liability: Notwithstanding any limitation provisions contained within the Contract Documents and materials incorporated by reference, the Parties Agree as follows, unless specified otherwise in this Agreement: 15.1. In no event shall GDPM be liable for any indirect, incidental, or consequential loss or
damage of any kind, including but not necessarily limited to loss of profits or anticipated profits and loss of data, arising from, or in connection with, its use, performance or nonperformance, even if GDPM had been advised, knew or should have known of the possibility of such damages.
16. Bid Guarantee: All bids must be accompanied by a negotiable bid guarantee, in a form acceptable to GDPM, which shall not be less than five percent (5%) of the amount of the bid. The bid guarantee may be a certified check, bank draft, U.S. Government Bonds at par value, or a bid bond secured by a surety company acceptable to the GDPM and authorized to do business in the State of Ohio. Certified checks and bank drafts must be made payable to the order of GDPM. The bid guarantee shall insure the execution of the contract and the furnishing of a method of assurance of completion by the successful bidder. Failure to submit a bid guarantee with the bid may result in the rejection of the bid. Bid guarantees submitted by unsuccessful bidders will be returned as soon as practicable after bid opening.
17. Assurance of Completion/Payment and Performance Bond: 17.1. Unless otherwise stated in the Notice to Proceed, within ten days of such Notice, the
Contractor must deliver to GDPM, in a form acceptable to GDPM, a payment and performance bond as security for the faithful performance and payment of all the Contractor’s obligations under the Contract Documents and in accordance with the following: (i) the bond(s) shall remain in effect at least until one year after the date of final payment made; (ii) all bonds shall be executed by sureties that are duly licensed or authorized in the State of Ohio to issue bonds and shall be named on the current list of “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies” as published in Circular 570 (as amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury; (iv) a certified copy of the agent’s authority to act must accompany all bonds signed by an agent and (v) the current power of attorney for the person who signs for the surety company must be attached to the bond.
17.2. Failure by the Contractor to obtain the required assurance of completion within the time specified may render the Contractor ineligible for award and GDPM may retain the Contractor’s bid guarantee.
17.3. In order for Contractor to fulfill the requirements of this provision, GDPM, in its sole discretion, may accept any of the following:
17.3.1. a performance and payment bond in a penal sum of 100% of the contract price
17.3.2. separate performance and payment bonds, each for 50 percent or more of the contract price;
10 Construction Services General Terms and Conditions
17.3.3. a 20 percent cash escrow;
17.3.4. a 25 percent irrevocable letter of credit; or;
17.3.5. Another form deemed acceptable by GDPM.
18. Amendments: No oral representations will be made as to the meaning of the Contract Documents. No amendment or modification of this Agreement will be effective unless it is in writing, on GDPM letterhead and signed by both Parties.
19. Confidentiality: Contractor may be privy to sensitive information, documents, data, records, or other material that is confidential under this Agreement. Contractor may not disclose any information obtained by it as a result of this Agreement without the express written permission of GDPM. Contractor shall assume that all information, documents, data, records, or other material provided for under this Agreement is confidential. 19.1. The Contractor will be liable for the disclosure of any confidential information. The
Parties agree that the disclosure of confidential information obtained under this Agreement may cause GDPM and/or its officers and/or employees irreparable damage for which remedies other than injunctive relief may be inadequate, and the Contractor agrees that in the event of such breach, GDPM shall be entitled to temporary and permanent injunctive relief to enforce this provision without the necessity of proving actual damages. This provision shall not, however, diminish or alter any right to assert claims and/or to recover damages.
19.2. When applicable, Contractor agrees to comply with the Privacy Act of 1974 and all rules and regulations issued under the Privacy Act of 1974.
20. Rights in Data and Patent Rights (ownership and Proprietary Interest: GDPM shall have exclusive ownership of, all proprietary interest in, and the right to full and exclusive possession of all information, materials, and documents discovered or produced by Contractor pursuant to the terms of this Agreement, including but not limited to reports, memoranda, drawings, or letters concerning the research and reporting tasks of this Contract.
21. Examination and Retention of Contractor’s Records: GDPM, HUD, or the Comptroller General of the United States, or any of their duly authorized representatives shall, until three years after final payment under the Contract Documents, have access to and the right to examine any of the Contractor’s directly pertinent books, documents, papers, or other records involving transactions related to this Agreement for the purpose of making audit, examination, excerpts, and transcriptions.
22. Governing Law: This Agreement shall be governed by the laws of the State of Ohio. The appropriate venue will be a court of competent jurisdiction within Montgomery County, Ohio.
11 Construction Services General Terms and Conditions
23. Ohio Public Records Law: Correspondence, materials and documents received or produced pursuant to the Work related to this Agreement/Solicitation may be or become public records subject to the provisions of Ohio Public Records access law.
24. Publicity: Contractor agrees to submit to GDPM all advertising and publicity related matter relating to this Agreement wherein GDPM’s name is mentioned or language used from which the connection of GDPM’s name may, in GDPM’s judgment, be inferred or implied. Contractor shall not publish or use such advertising and publicity matters without prior express written consent of GDPM.
25. Non-Waiver of Rights: If either party does not seek compensation for breach or insist upon strict performance of any provision of this Agreement, that Party is not prevented from seeking compensation or insisting upon strict performance for a future breach of the same or similar provision. Failure of GDPM to take any action or to assert any right hereunder shall not be deemed a waiver of such right.
26. Taxes: GDPM is exempt from state and local sales tax and does not agree to pay any taxes.
27. Remedies: GDPM may pursue any remedy available under law, including, but not necessarily limited to the following: 27.1. Actual Damages: Contractor is liable to GDPM for all actual and direct damages caused
by Contractor’s default. In the event Contractor fails to provide services or material as provided for in the Contract Documents, GDPM may substitute the services and/or material from a third party. GDPM may recover the costs associated with acquiring substitute services and/or materials, less any expense or costs saved by Contractor’s default, from Contractor.
27.2. Liquidated Damages: If actual or direct damages are uncertain or difficult to determine,
GDPM may recover liquidated damages in the amount of 1% of the total value of this Agreement as contemplated within the Contract Documents for every day that the default is not cured by the Contractor. Additionally, if the default is the result of a breach contemplated for in Provision 1 of this Agreement and such default leads to the necessity for GDPM, as determined by GDPM, to re-solicit for the services, materials, and/or products contemplated for under this Agreement, Contractor shall pay to GDPM the sum of $7,500 for such costs related to the re-solicitation and procurement of another provider. Parties agree that this sum reasonably reflects the cost associated with the re-solicitation contemplated for under this Provision.
27.3. Deduction of Damages from Contract Price: Upon prior written notice being issued to
the Contractor, GDPM may deduct all or any part of the damages resulting from Contractor’s default from any part of the price still due on this Agreement.
28. Contractor Suspension and Debarment: If Contractor fails to perform any one of its obligations under the Contract Documents it will be in default and GDPM, at its sole discretion, may suspend rather than terminate this Agreement when GDPM believes that doing so would better serve its interest. In case
12 Construction Services General Terms and Conditions
of a suspension, the amount of compensation due to Contractor will be determined in the same manner as provided for in the Termination provision(s) set forth herein less any damage to GDPM resulting from Contractor’s breach or other default. Further, a contract award shall not be made available to parties listed on the government-wide Excluded Parties List System in the System for Award Management (SAM), in accordance with OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1986 Comp., p. 189) and 12689 (3 CFR Part 1989 Comp., o.235), “Debarment and Suspension.” The Excluded Parties List System in SAM contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.
29. Contractor Performance Evaluation and Monitoring: GDPM, with the cooperation of the Contractor, may complete periodic monitoring and evaluation activities. GDPM may evaluate the Contractor’s Performance at any time including without limitation during the Total Contract Term, prior to exercising an option, and/or after completion of the Contract Work or Contract Term. GDPM will retain the evaluation. The Contractor may request a copy of the completed evaluation(s). If the Contractor wishes to comment or take exception to any rating or remark, the Contractor shall send a response in writing to GDPM within 30 days of Contract Completion and/or Termination.
GDPM may use the evaluation(s) in determining the responsibility of the Contractor for award of future contracts. Poor evaluations may lead to a determination that Contractor is not responsible, and therefore ineligible for award of future contracts for a period of not less than one year.
GDPM may request information from the Contractor for use in evaluating a subcontractor’s performance. If information is requested, the Contractor shall comply in a timely and responsive manner.
If a breach of the Contract is committed by the Contractor or is attributable to a Subcontractor, that breach will be used in the responsibility analysis of the Contractor and/or Subcontractor (where applicable) for future contracts or subcontracts for a period of 5 years after the date of the breach unless said breach results in Contractor being placed on debarment list, then for the period provided therein.
30. Survivorship: All provisions hereunder relating to payment, confidentiality, warranties, limitations on damages, publicity, choice of law, and indemnity shall survive the termination of this Agreement.
31. Governing Law: This Agreement shall be governed and construed exclusively by its terms and by the laws of the State of Ohio. Further, the venue for any disputes will be exclusively with the court of appropriate jurisdiction in Montgomery County, Ohio.
32. Claims and Disputes: All claims by Contractor shall be made in writing and submitted to the Contracting Officer for a written decision. The Contracting Officer will generally within thirty (30) days after receipt of the claim, decide the claim or notify the Contractor of the date in which the
13 Construction Services General Terms and Conditions
decision will be made. The Contractor shall proceed diligently with performance of the Work, pending final resolution of any request for relief, claim, or action under or relating to the Work, and shall comply with any decision of the Contracting Officer.
33. Federal Requirements: If the Work to be performed under this Agreement will be paid for in full or
in part by federal funds, the Work may be subject to federal statutes, rules, regulations, laws, orders and directives applicable to work paid for by federal funds. Further, federal requirements may apply in other circumstances and it is the responsibility of the Contractor to determine which federal requirements are applicable. In the event an applicable federal requirement conflicts with any provision of the Contract Documents, the federal requirement shall prevail and take precedence over and against such conflicting provisions. Federal requirements may include, but are not limited to: 33.1. Any applicable federal Drug-Free Workplace requirements, 33.2. Executive Order 11061, as amended which directs the Secretary of HUD to take all action
necessary and appropriate to prevent discrimination by agencies that utilize federal funds; 33.3. The Civil Rights Act of 1964; as amended 33.4. The Age Discrimination Act of 1975, as amended; 33.5. Anti-Drug Abuse Act of 1988, as amended; 33.6. HUD Bulletin 909-23. 33.7. The American with Disabilities Act, as amended; 33.8. The Byrd-Anti-lobbying Act Amendment (31 U.S.C. 1352), as amended; 33.9. Section 3 of the Housing and Urban Development Act of 1968, as amended (24 CFR Part
135); 33.10. For prime construction contracts in excess of $2,000, the Davis Bacon Act (40 U.S.C. 3141-
3148), as amended and 29 CFR Part 5; and 33.11. The Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution control Act (33
U.S.C. 1251-1387), as amended. 33.12. All applicable provision of 2 CFR Part 200.2
34. State Requirements: GDPM is an Ohio Political Subdivision and is subject to certain state requirements. Therefore, the work to be performed under this Agreement may subject to state statutes, rules, regulations, laws, orders and directives applicable to public subdivisions. It is the responsibility of the Contractor to determine which state requirements are applicable. In the event an applicable state requirement conflicts with any provision of the Contract Documents, unless federal preemption applies, the state requirement shall prevail and take precedence over and against such conflicting provisions. State requirements may include, but are not limited to, any drug-free workplace and prevailing wage requirements.
35. Force Majeure: Neither party shall be liable for failure to perform if such failure is caused by conditions beyond its control including, Government restrictions (including the denial or cancellation
14 Construction Services General Terms and Conditions
of any export or other necessary license), wars, insurrections, and delays in delivery of materials. In the event a Force Majeure occurs, the party injured by the other’s inability to perform may suspend the Agreement, in whole or in part, for the duration of the Force Majeure events. The party experiencing the Force Majeure event shall cooperate with and assist the injured party in all reasonable ways to minimize the impact of the Force Majeure on the injured party, which may include locating and arranging substitute services if necessary.
36. Severability: If any provision of this Agreement is determined by a court having appropriate
jurisdiction to be unenforceable to any extent, the rest of the provisions of this Agreement and the Contract Documents will remain enforceable to the fullest extent permitted by law.
37. Entire Agreement & Order of Precedence: This Agreement and the GDPM Contract Documents specified below, expressed herein, and incorporated by reference constitute the entire agreement between the parties and supersede any prior understanding among them. Each of the GDPM Contract Documents is an essential part of the agreement between the Parties, and a requirement occurring in one is as binding as though occurring in all. The GDPM Contract Documents are intended to be complementary and to provide for the entire agreement. In the event of any conflict among any of the Contract Documents and unless otherwise specified herein, the order of precedence shall be:
37.1. Applicable Federal and State of Ohio statutes and regulations; 37.2. Form HUD-5370-EZ General Contract Conditions for Small Construction/Development
Contract 37.3. This Agreement – GDPM Construction Services General Terms and Conditions; 37.4. The related Notice to Proceed and accompanying contract supplemental terms; 37.5. The Contractor’s Quote Form and/or final fee submission/Best and Final Offer; 37.6. Contractor’s Proposal subject to any limitations set forth in this Agreement; 37.7. Contractor form of Agreement, if applicable; 37.8. Other Documents incorporated by reference (if applicable).
38. Additional Terms and Conditions: No additional terms and conditions included with Contractor’s
Proposal that modify the order of precedence as listed above, and/or that impose additional liability(ies), obligation(s), or indemnity(ies) upon GDPM, and/or that limit the liability(ies), obligations, or indemnity(ies) of Contractor shall be evaluated or considered and any and all such additional terms and conditions shall have no force and effect and are inapplicable to this Agreement. If any additional term conflicts with the terms or intent of this Agreement, such term(s) is void and unenforceable. If additional terms and conditions are submitted either purposefully through intent or design or inadvertently appearing separately in transmitting letters, specifications, boilerplate agreements, literature, price lists or warranties, it is understood and agreed the general and special conditions in this Agreement and the GDPM Contract Documents, are the only conditions applicable to this proposal and the Proposer’s authorized signature affixed to the proposal attests to this.
15 Construction Services General Terms and Conditions
If Contractor, in the ordinary course of its business, requires any type of or form of agreement that provides for Contractor’s general terms and conditions and such term(s) and condition(s) are contrary to or conflict with any term(s) or conditions(s) provided for herein, Parties unequivocally acknowledge and agree that the term(s) and condition(s) provided for herein shall take precedence and prevail including, but not limited to, instances when 1) the Contractor’s form of agreement is signed subsequent to Contractor’s Proposal submission and/or 2) the Contractor’s form of agreement expressly states that its terms and provisions take precedence and/or supersedes all other Contract Documents. Such terms and conditions will effectively be void and unenforceable. Although, such terms and conditions may remain in Contractor’s form of agreement, Parties acknowledge and agree that said terms and conditions have no effect, are void and are hereby expressly rejected.
39. Contract Award/Commencement: Upon submittal of its proposal, Quote Form, or other response to
GDPM’s Solicitation, Contractor is accepting the terms of this Agreement. Upon issuance of the Notice to Proceed to Contractor, GDPM is accepting Contractor’s offer contained in the Fee Submission/Quote Form and/or Best and Final Offer. No other contractual documents will be necessary or accepted unless specifically expressed herein or within the Notice to Proceed. The Contract commences upon GDPM’s issuance of a Notice to Proceed.
IN WITNESS WHEREOF, this ADDENDUM between GDPM and __________________________ is hereby executed to take effect on the _____ day of March, 2019.
By: Greater Dayton Premier Management ______________________________ Name Title
By: ______________________________ Signature ______________________________ Print Name
General Contract Conditions for
Small Construction/Development
Contracts
U.S. Department of Housing and Urban
Development
Office of Public and Indian Housing OMB Approval No. 2577-0157 (exp. 3/31/2020)
Applicability. The following contract clauses are applicable and must be inserted into small construction/development contracts, greater than $2,000 but not more than $150,000.
(b) The Contractor’s right to proceed shall not be terminated or the Contractor charged with damages under this clause if – (1) The delay in completing the work arises from
unforeseeable causes beyond the control and without the 1. Definitions
Terms used in this form are the same as defined in form HUD-5370
2. Prohibition Against Liens
fault or negligence of the Contractor; and
The Contractor is prohibited from placing a lien on the PHA’s
(2) The Contractor, within 10 days from the beginning of such delay notifies the Contracting Officer in writing of the causes of delay. The Contracting Officer shall ascertain the facts and the extent of the delay. If, in the judgment of the Contracting Officer, the findings of Fact warrant such action, time for completing the work shall be extended by written modification to the contract. The findings of the Contracting Officer shall be reduced to a written decision which shall be subject to the provisions of the Disputes
property. This prohibition shall apply to all subcontractors at any tier and all materials suppliers. The only liens on the PHA’s property shall be the Declaration of Trust or other liens approved by HUD. clause of this contract.
(c) If, after termination of the Contractor’s right to proceed, it is 3. Disputes determined that the Contractor was not in default, or that the
delay was excusable, the rights and obligation of the parties will be the same as if the termination had been for convenience of the PHA.
(a) Except for disputes arising under the Labor Standardsclauses, all disputes arising under or relating to this contract, including any claims for damages for the alleged breach thereof which are not disposed of by agreement, shall be resolved 5. Termination for Convenienceunder this clause.
(b) All claims by the Contractor shall be made in writing and (a) The Contracting Officer may terminate this contract in whole, submitted to the Contracting Officer for a written decision. A claim by the PHA against the Contractor shall be subject to a
or in part, whenever the Contracting Officer determines that such termination is in the best interest of the PHA. Any such termination shall be effected by delivery to the Contractor of a Notice of Termination specifying the extent to which the performance of the work under the contract is terminated, and the date upon which such termination becomes effective.
written decision by the Contracting Officer. (c) The Contracting Officer shall, within 30 days after receipt of
the request, decide the claim or notify the Contractor of the date by which the decision will be made.
(d) The Contracting Officer’s decision shall be final unless the (b) If the performance of the work is terminated, either in whole or Contractor (1) appeals in writing to a higher level in the PHA in accordance with the PHA’s policy and procedures, (2) refers the appeal to an independent mediator or arbitrator, or (3) files suit in a court of competent jurisdiction. Such appeal must be made within 30 days after receipt of the Contracting Officer’s
in part, the PHA shall be liable to the Contractor for reasonable and proper costs resulting from such termination upon the receipt by the PHA of a properly presented claim setting out in detail: (1) the total cost of the work performed to date of termination less the total amount of contract payments made to the Contractor; (2) the cost (including reasonable profit) of settling and paying claims under subcontracts and material orders for work performed and materials and supplies delivered to the site, payment for which has not been made by the PHA to the Contractor or by the Contractor to the subcontractor or supplier; (3) the cost of preserving and protecting the work already performed until the PHA or assignee takes possession thereof or assumes responsibility therefore; (4) the actual or estimated cost of legal and accounting services reasonably necessary to prepare and present the termination claim to the PHA; and (5) an amount constituting a reasonable profit on the
decision. (e) The Contractor shall proceed diligently with performance of
this contract, pending final resolution of any request for relief, claim, appeal, or action arising under or relating to the contract, and comply with any decision of the Contracting Officer.
4. Default
(a) If the Contractor refuses or fails to prosecute the work, or any separable part thereof, with the diligence that will insure its completion within the time specified in this contract, or any extension thereof, or fails to complete said work within this time, the Contracting Officer may, by written notice to the Contractor, terminate the right to proceed with the work (or separable part of the work) that has been delayed. In the 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 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 the work.
value of the work performed by the Contractor. (c) The Contracting Officer will act on the Contractor’s claim
within days (60 days unless otherwise indicated) of receipt of the Contractor’s claim.
(d) Any disputes with regard to this clause are expressly made subject to the provisions of the Disputes clause of this contract.
6. Insurance
(a) Before commencing work, the Contractor and each subcon-tractor shall furnish the PHA with certificates of insurance showing the following insurance is in force and will insure all operations under the Contract:
Page 1 of 7 Form HUD-5370-EZ (1/2014)
(1) Workers’ Compensation, in accordance with state or Ter- do not change the rights or 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
ritorial Workers’ Compensation laws. (2) Commercial General Liability with a combined single limit
for bodily injury and property damage of not less than $ Contractor and the Contracting Officer. [Contracting Officer insert amount] 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 on the site(s) not covered
(c) When a proposed modification requires the approval of HUD prior to its issuance (e.g., a change order that exceeds the PHA’s approved threshold), such modification shall not be effective until the required approval is received by the PHA.
by Automobile Liability under (3) below. If the Contractor has a “claims-made” policy, then the following additional requirements 8. Changesapply: the policy must provide a “retroactive date” which must be on or before the execution date of the Contract; and the extended reporting period may not be less than five years following the
(a) The Contracting Officer may, at any time, without notice to the
completion date of the Contract. sureties, by written order designated or indicated to be a change order, make changes in the work within the general scope of the
(3) Automobile Liability on owned and non -owned motor vehicles used on the site(s) or in connection therewith for a
contract including changes:
combined single limit for bodily injury and property damage of not [Contracting Officer insert amount] per
(1) In the specifications (including drawings and designs); (2) In the method or manner of performance of the work;
less than $ (3) PHA-furnished facilities, equipment, materials, services, or occurrence. (b) Before commencing work, the Contractor shall furnish the PHA
with a certificate of insurance evidencing that Builder’s Risk (fire and extended coverage) Insurance on all work in place and/or materials stored at the building site(s), including foundations and building equipment, is in force. The Builder’s Risk Insurance shall be for the benefit of the Contractor and the PHA as their interests may appear and each shall be named in the policy or policies as an insured. The Contractor in installing equipment supplied by the PHA shall carry insurance on such equipment from the time the Contractor takes possession thereof until the Contract work is accepted by the PHA. The Builder’s Risk Insurance need not be carried on excavations, piers, footings, or foundations until such time as work on the super-structure is started. It need not be carried on landscape work. Policies shall furnish coverage at all times for the full cash value of all completed construction, as well as materials in place and/or stored at the site(s), whether or not partial payment has been made by the PHA. The Contractor may terminate this insurance on buildings as of the date taken over for occupancy by the PHA. The Contractor is not required to carry Builder’s Risk Insurance for modernization work which does not involve structural alterations or additions and where the PHA’s existing fire and extended coverage policy can be endorsed to include
site; or, (4) Directing the acceleration in the performance of the work.
(b) Any other written order or oral order (which, as used in thisparagraph (b), includes direction, instruction, interpretation, or determination) from the Contracting Officer that causes a change shall be treated as a change order under this clause; provided, that the Contractor gives the Contracting Officer written notice stating (1) the date, circumstances and source of the order and (2) that the Contractor regards the order as a change order.
(c) Except as provided in this clause, no order, statement or conduct of the Contracting Officer shall be treated as a change under this clause or entitle the Contractor to an equitable adjustment.
(d) If any change under this clause causes an increase or decrease in the Contractor’s cost of, or the time required for the perfor-mance of any part of the work under this contract, whether or not changed by any such order, the Contracting Officer shall make an equitable adjustment and modify the contract in writing. However, except for a adjustment based on defective specifications, no proposal for any change under paragraph (b) above shall be allowed for any costs incurred more than 20 days (5 days for oral orders) before the Contractor gives written notice as required. In the case of defective specifications for which the PHA is responsible, the equitable adjustment shall include any increased cost reasonably incurred by the Contractor in attempting to comply with the defective such work.
(c) All insurance shall be carried with companies which are specifications. financially responsible and admitted to do business in the State in which the project is located. If any such insurance is due to expire during the construction period, the Contractor (including subcontractors, as applicable) shall not permit the coverage to lapse and shall furnish evidence of coverage to the Contracting Officer. All certificates of insurance, as evidence of coverage, shall provide that no coverage may be canceled or non-renewed by the insurance company until at least 30 days prior written notice has been given to the Contracting Officer.
(e) The Contractor must assert its right to an adjustment under thisclause within 30 days after (1) receipt of a written 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 statement describing the general nature and the amount of the proposal. If the facts justify it, the Contracting Officer may extend the period for submission. The proposal may be included in the notice required under paragraph (b) above. No proposal by the Contractor for an equitable adjustment shall be allowed if asserted after final payment under this
7. Contract Modifications contract.
(a) Only the Contracting Officer has authority to modify any term(f) The Contractor’s written proposal for equitable adjustment shall
be submitted in the form of a lump sum proposal supported with an itemized breakdown of all increases and decreases in or condition of this contract. Any contract modification shall be
authorized in writing. the contract in at least the following details: (b) The Contracting Officer may modify the contract unilaterally
(1) pursuant to a specific authorization stated in a contract clause (e.g., Changes); or (2) for administrative matters which
(1) Direct Costs. Materials (list individual items, the quantity and unit cost of each, and the aggregate cost); Transporta-tion and delivery costs associated with materials; Labor
Page 2 of 7 Form HUD-5370-EZ (1/2014)
breakdowns by hours or unit costs (identified with specific work to be performed); Construction equipment exclusively necessary for the change; Costs of preparation and/ or revision to shop drawings resulting from the change; Worker’s Compensation and Public Liability Insurance; Employment taxes under FICA and FUTA; and, Bond
The Contractor shall comply with all mandatory standards and policies relating to energy efficiency which are contained in the energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub.L. 94-163) for the State in which the work under this contract is performed.
Costs - when size of change warrants revision. 12. Procurement of Recovered Materials (2) Indirect Costs. Indirect costs may include overhead, general
and administrative expenses, and fringe benefits not normally (a) In accordance with Section 6002 of the Solid Waste Disposal treated as direct costs. Act, as amended by the Resource Conservation and Recovery
Act, the Contractor shall procure items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition. The Contractor shall procure items designated in the EPA guidelines that contain the highest percentage of
(3) Profit. The amount of profit shall be negotiated and may vary according to the nature, extent, and complexity 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 allowed a profit on the profit received by any 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
recovered materials practicable unless the Contractor determines that such items: (1) are not reasonably available in a reasonable period of time; (2) fail to meet reasonable performance standards, which shall be determined on the basis of the guidelines of the National Institute of Standards and Technology, if applicable to the item; or (3) are only available at an unreasonable price.
(b) Paragraph (a) of this clause shall apply to items purchased performing the work. under this contract where: (1) the Contractor purchases in
excess of $10,000 of the item under this contract; or (2) during the preceding Federal fiscal year, the Contractor: (i) purchased any amount of the items for use under a contract that was funded with Federal appropriations and was with a Federal agency or a State agency or agency of a political subdivision of a State; and (ii) purchased a total of in excess of $10,000 of the item both under and outside that contract.
(g) The Contractor shall include in the proposal its request for timeextension (if any), and shall include sufficient information and dates to demonstrate whether and to what extent the change will delay the completion of the contract in its entirety.
(h) The Contracting Officer shall act on proposals within 30 days after their receipt, or notify the Contractor of the date when such action will be taken.
(i) Failure to reach an agreement on any proposal shall be a dispute under the clause entitled Disputes herein. Nothing in this clause, however, shall excuse the Contractor from proceeding with the
13. Training and Employment Opportunities for Residents in the Project Area (Section 3, HUD Act of 1968; 24 CFR 135)
contract as changed. (j) Except in an emergency endangering life or property, no change
shall be made by the Contractor without a prior order from the Contracting Officer.
(a) The work to be performed under this contract is subject to the
9. Examination and Retention of Contractor’s Records
requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are
The HA, HUD, or Comptroller General of the United States, or any of their duly authorized representatives shall, until three years after final payment under this contract, have access to and the right to examine any of the Contractor’s directly pertinent books, documents, papers, or other records involving transactions related to this contract for the purpose of making audit, examination, excerpts, and transcriptions.
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. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the
10. Rights in Data and Patent Rights (Ownership and Proprietary Interest)
Part 135 regulations. (c) The contractor agrees to send to each labor organization or
representative of workers with which the contractor has a The HA shall have exclusive ownership of, all proprietary interest in, and the right to full and exclusive possession of all information, materials, and documents discovered or produced by Contractor pursuant to the terms of this Contract, including but not limited to reports, memoranda or letters concerning the research and reporting tasks of this Contract.
collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers'
11. Energy Efficiency
representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the 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
Page 3 of 7 Form HUD-5370-EZ (1/2014)
qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the
a prominent and accessible place where it can be easily seen by the workers.
anticipated date the work shall begin. (2) (i) Any class of laborers or mechanics, including helpers, (d) The contractor agrees to include this section 3 clause in every 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
subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in
met: (a) The work to be performed by the classification
violation of the regulations in 24 CFR Part 135. requested is not performed by a classification in the (e) The contractor will certify that any vacant employment wage determination; and
positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's
(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
obligations under 24 CFR Part 135. determination. (f) Noncompliance with HUD's regulations in 24 CFR Part 135 (ii) If the Contractor and the laborers and mechanics to be
employed in the classification (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employee Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time
may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts.
14. Labor Standards - Davis-Bacon and Related Acts(a) Minimum Wages.
(1) All laborers and mechanics employed under this contract in the construction or development of the project(s) involved will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the Contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis-Bacon Act 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 contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the regular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits in the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein; provided, that the employer’s payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR 5.5(a)(1)(ii) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the Contractor and its subcontractors at the site of the work in
is necessary. (iii) In the event the Contractor, the laborers or mechanics
to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator of the Wage and Hour Division for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary.
(iv) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (a)(2)(ii) or (iii) of this clause shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.
(3) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the Contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (4) If the Contractor does not make payments to a trusteeor other third person, the Contractor may consider as part
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of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program; provided, that the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.
the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs.
(2) (i) The Contractor shall submit weekly for each week in which
(b) Withholding of Funds. HUD or its designee shall, upon
any contract work is performed a copy of all payrolls to the Contracting Officer for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 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 of Documents, U.S. Government Printing Office, Washington, D.C. 20402. The prime Contractor is responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Office of Management
its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the Contractor under this contract or any other Federal contract with the same prime Contractor, or any other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime Contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the Contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working in the construction or development of the project, all or part of the wages required by the contract, HUD or its designee may, after written notice to the Contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the Contractor, disburse such amounts withheld for and on account of the Contractor or subcontractor to the respective employees to whom they are due.
and Budget under OMB Control Number 1214-0149.) (ii) Each payroll submitted shall be accompanied by a
“Statement of Compliance,” signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (A) That the payroll for the payroll period contains the
information required to be maintained under paragraph (c)(1) of this clause and that such information is correct and complete;
(B) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3; and
(C) That each laborer or mechanic has been paid not less(c) Payrolls and Basic Records. than the applicable wage rates and fringe benefits or
cash equivalents for the classification of work performed, as specified in the applicable wage
(1) Payrolls and basic records relating thereto shall be maintained by the Contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working in the construction or development of the project. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions 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 costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the Contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of
determination incorporated into the contract. (iii) The weekly submission of a properly executed
certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirements for submission of the “Statement of Compliance” required by subparagraph
(c)(2)(ii) of this clause. (iv) The falsification of any of the above certifications may
subject the Contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 3729 of Title 31 of the United States Code.
(3) The Contractor or subcontractor shall make the records required under subparagraph (c)(1) available for inspection, copying, or transcription by authorized representatives of HUD or its designee, the Contracting Officer, or the Department of Labor and shall permit such representatives to interview employees during working hours on the job. If the Contractor or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to the Contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12.
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(d) Apprentices. Apprentices will be permitted to work at less than 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 until an acceptable program is approved.
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 Training, Employer and Labor 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 appropriate) to be eligible for probationary 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 hourly rate) specified in the Contractor’s or subcontractor’s registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice’s level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator 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 program is approved.
(f) Equal Employment Opportunity. The utilization of apprentices, trainees, and journeymen under this clause shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30.
(g) Compliance with Copeland Act Requirements. The Contractor shall comply with the requirements of 29 CFR Part 3, which are hereby incorporated by reference in this contract.
(h) Contract Termination; Debarment. A breach of the labor standards clauses in this contract may be grounds for termination of the contract and for debarment as a Contractor and a subcontractor as provided in 29 CFR 5.12.
(i) Compliance with Davis-Bacon and related ActRequirements. All rulings and interpretations of the Davis-Bacon and related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract.
(e) Trainees. Except as provided in 29 CFR 5.16, trainees will not
(j) Disputes Concerning Labor Standards. Disputes arising out of the labor standards provisions of this clause shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the Contractor (or any of its subcontractors) and the PHA, HUD, the U.S. Department of Labor, or the employees or their representatives. be permitted to work at less than the predetermined rate for the
work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S.
(k) Certification of Eligibility.(1) By entering into this contract, the Contractor certifies that
Department of Labor, Employment and Training neither it (nor he or she) nor any person or firm who has an interest in the Contractor’s firm is a person or firm ineligible to be awarded contracts by the United States Government by virtue of section 3(a) of the Davis-Bacon
Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee’s level of progress, expressed as a percentage of the journeyman hourly rate
Act or 29 CFR 5.12(a)(1). (2) No part of this contract shall be subcontracted to any person
or firm ineligible for award of a United States Government
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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 prescribed in the U. S. Criminal Code, 18 U.S.C. 1001.
(l) Subcontracts. The Contractor or subcontractor shall insert in any subcontracts all the provisions contained in this clause, and such other clauses as HUD or its designee may by appropriate instructions require, and also a clause requiring the subcontractors to include these provisions in any lower tier subcontracts. The prime Contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all these provisions.
(m) Non-Federal Prevailing Wage Rates. Any prevailing wage rate (including basic hourly rate and any fringe benefits), determined under State law to be prevailing, with respect to any employee in any trade or position employed under the contract, is inapplicable to the contract and shall not be enforced against the Contractor or any subcontractor, with respect to employees engaged under the contract whenever such non-Federal prevailing wage rate exceeds: (i) 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 with respect to such trade;
(ii) an applicable apprentice wage rate based thereon specified in an apprenticeship program registered with the U.S. Department of Labor (DOL) or a DOL-recognized State Apprenticeship Agency; or
(iii) an applicable trainee wage rate based thereon specified in a DOL-certified trainee program.
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CONTRACTOR PROFILE FORM (If additional space is needed, please attach a separate sheet.)
Federal Tax ID #: ______________________ State Tax ID #:______________________
Our contract is with __________________________in the amount of $___________________
for ________________________________________________________________________. (identify specific work to be performed)
Will any work be subcontracted out? Yes ______ No ______
If yes, to whom? _____________________________________________________________
Person(s) authorized to sign (certify) Payroll reports: 1) ______________________________
2) ______________________________
Identify work classification(s), base wage payment and total wage for each individual performing work on the project site. Attach additional sheets if necessary.
Work Classification from wage decision (include group number, if applicable)
Base Rate of Pay
Fringe Total Wage (including Fringe)
The fringe benefit payment will be (check A, B or C below):
(A) ______ paid to a Union benefit plan (or plans) in the amounts indicated below:
Complete chart below or attach schedule of fringe benefits.
Benefit Amount
Vacation and Holiday
Union Dues
Health and Welfare Benefits
Pension
Annuity
Other (Identify)
Benefit funds are deposited into accounts maintained by: ______________________________
(B) ______ paid directly (with the pay check) to each worker in the amount of $_____________
(C) ______ paid to an unfunded benefit plan (or plans) in the amounts indicated below: ***If requested, copies of benefit plans to be submitted for review/approval.***
Benefit Amount
Pension
Medical
Dental
Other (Identify)
Benefit funds are deposited into accounts maintained by: ______________________________
