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MINNEAPOLISPUBLIC HOUSING AUTHORITY

PROCUREMENT DEPARTMENT

1001 WASHINGTON AVENUENORTH

MINNEAPOLIS, MN 55401(612) 342-124

~~vww mphaonline. org

I~~TVITATIONFAR BIDSMPHA Contract #PH-15.11

April 14, 2015

PNEUMATIC VALVECONVERSION -1717

WASHINGTON STREET NE,MINNEAPOLIS, MN

Monitor theMPHA Website (www.mphaonline.org) fof~ anyAddenda

Non Mandatory Pre-Bid Tout: April 30, 201 S at 10: 00 A.M. CST

Bids Due: May 15, 2015 by 2:00 P M. CST

*BIDS $75,000 AND OVER WILL NOT BE CONSIDERED

WITHOUT SUBMISSION OF BID SECURITY*

*Equal Housing OppoNtunity *Equal Employment Oppof~tzcnity

TABLE OF CONTENTS - #PH-15.11

SECTION A NOTICES

• COMPLETIONOFBIDFORMS A-1

• DATA PRACTICES

SECTION B INVITATION FOR BIDS B 1-2

SECTION C INSTRUCTIONS TO BIDDERS (HUD Foi•m 5369) C 1-4

SECTION D **BID DOCUMENTS **

**(SIGN AND 2ETURN ALL BID FORMS: D l - D 15)**

• BID FORMS D 1

• EQUAL OPPORTUNITY STATEMENT D 2

• WMBE /SECTION 3 BUSINESS PARTICIPATION D 3-4

FORM OF BID BOND (with Bids $75,000 or more) D 5-6

• NON-COLLUSION AFFIDAVIT (with Bids $75,000 or more) D ~

• STATEMENT OF CONTRACTOR'S QUALIFICATIONS D 8-ll

• REPRESENTATIONS, CERTIFICATIONS AND D 12-1

OTHER STATEMENTS OF BIDDERS (HUD Form 5369-A)

• CERTIFICATE OF ACKNOWLEDGEMENT D 14-17

SECTION E GENERAL CONTRACT CONDITIONS,HUD Form 5370 E 1-19

SECTION F MPHA SPECIAL CONDITIONS F 1- 6

SECTION G SECTION 3 INFORMATIONAL SUMMARYSECTION 3 CLAUSE G 1

• SECTION 3 CONTRACTING AND EMPLOYMENT GOALS G 2-5

• SECTION 3 BUSINESS CERTIFICATION PROCEDURES G 6

• SECTION 3 RESIDENT CERTIFICATION G ~

• SECTION 3 CERTIFIED BUSINESS LIST G 8-24

• SECTION 3 CERTIFIED RESIDENT LIST G 25-27

SECTION H SAMPLE CONTRACT FORMS t STATE SALES TAX REFUND

• NOTICE OFAWARD H 1

• FORM OF CONTRACT H 2-3

• NOTICE TO PROCEED H 4

• CERTIFICATE OF INSURANCE H S

• PERFORMANCE AND PAYMENT BONDS &INSTRUCTIONS H 6-10

• SALES TAXDOCUMENTATION FORM H 11

CONTINUED

TABLE OF CONTENTS - #PH-15.11

SECTION I LABOR RELATIONS WAGE DECISION

SECTIONJ PROJECT MANUAL

SECTION I< DRAWINGS

* SIGN AND RETURN ALL BID FORMS*

J 1-38

K 1-5

NOTICE

COMPLETION OF BID FORMS

ENCLOSED 1N THESE INVITATION FOR BID DOCUMENTS FOR YOURCONVENIENCE, ARE BID FORMS. THESE FORMS HAVE BEEN PROVIDED TOALLOW YOU AND EACH COMPETITIVE BIDDER TO PRESENT BIDS 1N AMANNER THAT ALLOWS FOR COMPARISON AND QUICK AWARD OF THECONTRACT.

BID FORMS PROVIDED MUST BE COMPLETED IN THEIR ENTIRETY,SIGNED AND NOTARIZED, AS APPLICABLE.

IT IS ESSENTIAL EACH BIDDER UNDERSTANDS THAT THE INFORMATIONREQUESTED ON THE BID FORMS IS THE ONLY INFORMATION TO BESUPPLIED WITH THE BID. ANY BIDDER WHO CHANGES THE PRICINGSTRUCTURE THAT HAS BEEN REQUESTED, PROVIDES PRICES IN ADIFFERENT MANNER, CHANGES UNITS OF MEASURE AND DOES SO 1NEITHER AN ATTACHMENT TO THE BID DOCUMENTS OR ON THE BID FORMSPROVIDED, WILL HAVE ITS BID REJECTED, WITHOUT REVIEW, AS NON-

RESPONSIVE.

EACH BIDDER MUST BE LICENSED BY THE CITY OF MINNEAPOLIS OR

STATE OF MINNESOTA AS APPLICABLE IN ORDER TO SUBMIT A BID FOR

CERTAIN PROJECTS (PURSUANT TO CITY ORDINANCE). IF A BIDDER IS

NOT APPROPRIATELY LICENSED, THE BID WILL BE REJECTED_AS NON-RESPONSIVE.

CONTRACTORS WHO HAVE QUESTIONS REGARDING THE INTENT OF THE

BID, THE MANNER OF PRICING REQUESTED OR QUESTIONS RELATIVE TO

THE EVALUATION PROCESS THAT WILL BE APPLIED, MUST ASK THOSE

QUESTIONS, IN WRITING, AT LEAST SEVEN (7) CALENDAR DAYS PRIORTO THE BID DUE DATE IN ORDER THAT PROPER CLARIFICATION ANDADDENDA TO ALL BIDDERS MAY BE ISSUED.

1N CIRCUMSTANCES WHERE A CONTRACTOR WISHES TO TENDER "NO

BID", WRITE NO BID IN THE SPACE PROVIDED.

SUBMISSION OF BID FORMS:

BID FORMS ARE PROVIDED IN DUPLICATE. BIDDERS SHALL COMPLETE AND SUBMIT

BOTH SETS OF PINK BID FORMS 1N THEIR ENTIRETY

Al

NOTICE

MINNESOTA GOVERNMENT DATA PRACTICES ACT

Due to the inclusion of certain information and lists of property in this bid package that is

classified as "not or non-public" under the Minnesota Government Data Practices Act

and applicable Federallaw, persons or firms receiving this information for the purpose of

preparing a bid shall maintain the confidential nature of any data or information received

as part of this Invitation for Bid. The unauthorized disclosure of "not or non-public" data

of information is subject to civil and criminal penalties under the Minnesota Government

Data Practices Act and Federal law.

The classified "not or non-public" data is included only as a guide to assist with bid

preparation. It cannot be reproduced and must be returned to Minneapolis Public Housing

Authority (MPHA) with the submission of a bid. All pages must be accounted for.

A2

MPHA Conh~act #PH-15.11

MINNEAPOLIS PUBLIC HOUSING AUTHORITY

Proclu~ement Departn7ent, Room 2031001 Washington Avenue NorthMinneapolis, Minnesota 55401

INVITATION FORBIDS

Minneapolis Public Housing Authority (MPHA) will accept sealed bids to furnish and pay for all

labor, materials, pants, equipment, tools, supervision, permits, insurance, bonds and services, including

utilities and transportation services necessary for Pneumatic Valve Conversion at 1717 Washington

Street North East, Minneapolis MN per attached bid documents and specifications.

IZ~I~~l~lt~[~

Sealed bids will be received at the MPHA Proctu•ement Department at the above stated address

until 2:00 P.M., Local Time, on May 15, 2014, at which time bids will be publicly opened and read.

MPHA reserves the right to rej ect airy oi• all bids received and to waive any informality in the bidding

process.

BID SECURITY*

Bid Security MUST accompany each bid amounting to $75,000 or more in order for the bid to be

considered. The Bid Form Total will be used to calculate Bid Security. Bid Security shall be in the

amount of not less than five percent (5%) ofthe Bid Form Total for bid items specified.

BONDS*, INSURANCE, AFFIRMATIVE ACTION AND APPRENTICESHIP CERTIFICATION

Within ten (10) days following Notice of Contract Award, the successfill bidder shall fiu•nish and pay for

the following, (as applicable);

• Performance and Payment Bonds~($75,000.00 or More) —Furnish a satisfactory Performance

Bond and a separate Labor and Materials Payment Bond, each in an amount ofnot lessthan the

penal sum of l00%ofthetotal coiltractdollaramoimtasawarded.

• Certificate of Ins~u•ailce with MPHA named as an "additional insured."

• An Approved Affirmative Action Plan.

• Certification of participation in a Minnesota Registered Apprenticeship Training Program,

ifconh~act is fof• $50,000 or more.

The Conhactor sha11 take affirmative action to ensure employees and applicants for employment are not

discriminated against because of race, color, creed, religion, sex, age, national origin, disability,

ancestry, affectionate preference, public assistance status, marital stat~is, or veteran status.

**All Bonds MUST be obtained from a guarantee or stn•ety company acceptable to the U.S.

Government and authorized to do business in Minnesota (ref. U.S. Treastuy Circular #570).

Bids not satisfying this requirement will be rejected as no~i-►•esponsive. **

INVITATION FOR BIDS (continued)

PREVAILING WAGES

Contractor will be required to pay to all laborers and mechanics

employed under this project, prevailing wages as set forth in the

General Conditions for Construction, HUD 5370 and Labor Relations

Wage Decision #MN150036 with 1 modifications dated 03/27/2015.MPHA

LRPN#15-079-12). Contractor shall provide, on a weekly basis, the

required weekly payroll information. Payroll documentation is to

be entered electronically into LCP Tracker each week for each

worker by trade and by work site for all work performed.

EXAMINATION OF BIDDING DOCUMENTS, SITE AND LOCAL CONDITIONS

A. Examination of Bidding Documents: Bidders, by submitting a Bid 1•epi•esent that t11ey have

read and understand the contents of the Bidding Doctunents, and that the Bid submitted is

in accordance with the bidding requirements.

B. Examination of the Site: Bidders shall visit the consh~uction site to obtain first-hand

knowledge of existing local couditio~ls which Wray affect the Work and correlate observation

with the Bidding Documents.

PRE-BID TOUR

The pre-bid tour• will start at 10:00 A.M. on April 30, 20l 5 at 1717 Wasl~lgton Street, MPLS

DOCUMENT AVAILABILITY

Bid documents are on file for viewing on the MPHA ~vebsite at w~vw.mphaonline.org under

Contracting Opportunities,

PLAN DEPOSIT

Prime Contractors may sec~~i•e bid documents for personal use without charge from MPHA by

calli~ig (612) 342-1424.

BIDDING PROCEDURES

Questions regarding bidding procedures should be directed to the MPHAProcui•ement

Department at (612) 342-1424.

CONTRACT ADMINISTRATOR

Questions regarding the technical specifications should be directed to Roderick Bolen, Project

Manager at (612) 342-1233.

U.S. Department of Housing andUrban Development

Office of Public and Indian Housing

Instructions to Bidders for Contracts

Public and Indian Housing Programs

Previous edition Is obsolete form HUD•5369 (10/2002)

Instructions to Bidders for ContractsPublic and Indian Housing Programs

Table of Contents

Clause Page

1, Bid Preparation and Submission 1

2, Explanations and Interpretations to Prospective Bidders 1

3, Amendments to Invitations for Bids 1

4, Responsibility of Prospective Contractor 1

5, Late Submissions, Modificat(ons, and Withdrawal of Bids 1

6, Bid Opening 2

7. Service of Protest 2 '

8, Contract Award 2

9. Bid Guarantee 3

10. Assurance of Completion 3

11, Preconstructlon Conference 3

12. Indian Preference Requirements 3

1. Bid Preparation and Submission

(a) Bidders are expected to examine the specifications, drawings,

all Instructions, and, If applicable, the construction site (see also the

contraciclause entitled Site Investigation and Conditions Affect-

ingthe Work of the General Conditions ofthe Contractfar Construc-

tion). Failure to do so will be at the bidders' r(sk.

(b) All b(ds must be submitted on the forms provided by the Public

Housing Agency/Indian Housing Authority (PHA/IHA). Bidders shall

furnish ail the information required by the solicitation. Bids must be

signed and the bidder's name typed or printed on the bid sheet and

each continuation sheet which requires the entry of Information by

the bidder. Erasures orotherchanges must be Initialed by the person

signing the bid. Bids signed by an agent shall be accompanied by

evidence of that agent's authority. (Bidders should retain a copy of

their bid for their records.)

(c) Bidders must submit as part of their bid a completed form HUD-

5369-A, "Representations, Certifications, and Other Statements of

Bidders,"

(d) All bid documents shall be sealed (n an envelope which shall be

clearly marked with the words "Bid Documents," the Invitation forBids (IFB) number, any project or other identifying number, the

bidder's name, and the date and time for receipt of bids,

(e) If this solicitation requires bidding on all items, failure to do so will

disqualify the' bid. If bidding on all items is not required, bidders

should insert the words "No Bld" In the space provided for any Item

on which no price Is submitted,

(f) Unless expressly authorized elsewhere In th(s solicitation, alter-

nate bids will not be considered.

(g) Unless expressly authorized elsewhere In this solicitation, bids

submitted by telegraph or facsimile (fax)' machines will not be

considered.

(h) If the proposed contract is for a Mutual Help project (as de-

scribed in 24 CFR Part 905, Subpart E) that involves Mutual Help

contributions of work, material, or equipment, supplemental Informa-

tion regarding the bid advertisement is provided as an attachment to

this solicitation,

2. Explanations and Interpretations to Prospective

Bidders

(a) Any prospective bidder desiring an explanation or interpretation

of the solicitation, specifications, drawings, etc,, must request it at

least 7 days before the scheduled time for bid opening. Requests

may be oral or written, Oral requests muss be confirmed In writing,

The only oral clarifications that will be provided will be those clearly

related to solicitation procedures, i,e., not substantive technical

Information. No other oral explanation or interpretatioh will be

provided. Any Information given a prospective bidder concerning

this sollcitatfon will be furnished promptly to all other prospective

bidders as a written amendment to the solicitation, if that information

is necessary in submitting bids, or If the tack of it would be preJudicial

to other prospective bidders.

(b) Any Information obtained by, or provided to, a bidder other than

by formal amendment to the solicitation shall not constitute a change

to the solicitation,

3. Amendments to Invitations for Bids

(a) If this solicitation is amended, then all terms and conditions

which are not rnodifled remain unchanged,

(b) Bidders shall acknowledge receipt of any amendment to this

solicitation (1) by signing and returning the amendment, (2) by

identifying the amendment number and date on the bid form, or (3)

by letter, telegram, or facsimile, li those methods are authorized fn

the solicitation, The PHA/I HA must receive acknowledgement bythe

time and at the place specified for receipt of bids, Bids which fail to

acknowledge the bidder's receipt of any amendment will result In the

reJectlon of the bid if the amendments) contained information which

substantively changed the PHA's/IHA's requirements.

(c) Amendments will be on file In the offices of the PHA/IHA and the

Architect at least 7 days before bid opening,

4. Responsibility of Prospective Contractor

(a) The PHA/IHA will award contracts only to responsible prospec-

tive contractors who have the ability to perform successfully under

the terms and conditions of the proposed contract. In determining

the responsibility of a bidder, the PWA/IHAwill considersuch matters

as the b(dder's;

(i) Integrity;

(2) Compliance with public policy;

(3) Record of past pertormance; and

(4) Financial and technical resources (including construction

and technical equipment),

(b) Before a bid is considered for award, the bidder may be re-

quested by the pHA/IHA to submit a statement or other documenta-

tlonregarding any of the Items in paragraph (a) above, Failure by the

bidder to provide such additional Information shall render the b(dder

nonresponsible and Ineligible far award.

Previous edition Is obsolete Page 1 of A form HUD-5369 (10/2002)

5. Late Submissions, Mod(fications, and Withdrawal~of Bids

(a) Any bid received at the place designated In the solfcitat(on afterthe exact time specified for receipt will nat be considered unless It isreceived before award is made and it;

(1) Was sent by registered or certified mall not later than theffftti calendar day before the date specified for receipt of offers (e,g,,

an offer submitted in response to a solicitation requiring receipt ofoffers by the 20th of the month must have been mailed by the 15th);

(2) Was sent by mail, or If authorized by the solicitation, wassent by telegram orvia facsimile, and it Isdetermined bythe PHA/IHAthat the late receipt was due solely to mishandling by the PHAIIHAafter receipt at the PHA/IHA; or

(3) Was sent by U.S, Postal Service Express Mall Next Day

Service -Post Office to Addressee, not later than 5:OQ p,m, at the

place of mailing two working days prior to the date specified for

reoefpt of proposals, The term "working days" excludes weekends

and observed holidays,

(b) Any modification or withdrawal of a bid Is subject to the same

conditions as in paragraph (a) of this provision.

(c) The only acceptable evidence to establish the date of mailing of

a late bid, modification, or withdrawal sent either by registered or

certified mail Is the U,S, or Canadian Postal Service postmark both

on the envelope or wrapper and on the original receipt from the U.S,

or Canadian Postal Service, Both postmarks must show a legible

dale or the bid, modification, or withdrawal shall be processed as If

mailed late, "Postmark" means a printed, stamped, or otherwise

placed impression (exclusive of a postage meter machine Impres-

sion) that Is readily Identifiable without further action as having been

supplied and affixed by employees of the U,S, or Canadian Postal

Service on the date of mailing, Therefore, bidders should request the

postal clerk to place a hand cancellation bull's-eye postmark on both

the receipt and the envelope or wrapper.

(d) The only acceptable evidence to establish the time of receipt at the

PHA/IHA is the time/date stamp of PHA/IHA on the proposal wrapporor

o3her documentary evidence of receipt maintained by the PHA/IHA.

(e) The only acceptable evldenae to establish the date of mailing of

a late bid, modification, or withdrawal sent by Express Mail Next Day

Service-Post Office to Addressee is the data entered by the post

office receiving clerk on the "Express Mall Next Day Service-Post

Off(ce to Addressee" label and the postmark on both the envelope or

wrapper and on the original receipt from the U.S, Postal Service,

"Postmark"has the same meaning as defined In paragraph (c) of this

provision, excluding. postmarks of the Canadian Postal Service.

Therefore, bidders should request the postal clerk to place a legible

hand cancellation bull's eye postmark on both the receipt and Failure

by a bidder to acknowledge receipt of the envelope or wrapper,

(f) Notwithstanding paragraph (a) of this provision, a late modifica-

tioh of an otherwise successful bid that makes Its terms more

favorable tothe PHA/IHA will be considered at any time It Is received

and may be accepted,

(g) Bids maybe withdrawn by written notice, or if authorized by this

solicitation, by telegram (Including mailgram) or facs(mlle machine

transmission received at any time before the exact time set for

opening of bids; provided that written confirmation of telegraphic or

facsimile withdrawals over the signature of the bidder Is mailed and.

postmarked prior to the specified bid opening time, A bid may be

withdrawn in person by a bidder or its authorized representative if,

before the exact time set for opening of bids, the identity of the person

requesting withdrawal Is established and the person signs a receipt

for the bid.

6. Bid Opening

All bids received by the date and time of receipt specified In the

solicitation will be publicly opened and read, The time and place ofopening will be as specified In the solicitation, Bidders and otherInterested persons may be present.

7. Service of Protest

(a} Definitions. As used In this provision:

"Interested party" means an actual arprospective bldderwhose

direct economic Interest would be affected by tho award of the

contract.

"Protest" means a written obJectlQn by an Interested party to this

solicitation or to a proposed or actual award of a contract pursuant

•to this solicitation.

(b) Protests shall bo served on the Contracting Officer by obtaining

written and dated acknowledgement from --

[Contracting Officer designate the official or location where a protest

may be served on the Contracting Officer)

(c} All protests shall be resolved In accordance with the PHA's/

IHA's protest policy and procedures, copies of which are maintained

at the PHA/IHA.

B. Contract Award

(a) The PHA/IHA will evaluate bids fn response to this solicitationwithout d(scusslons and will award a contract to the responsible

bidder whose bid, conforming to the solicitation, wilt be most advan-tageous tothe PHA/IHA consideringonly prlceand any pace-relatedfactors specified In the solicitation.

(b) If the apparent low bid received In response to this solicitationexceeds the PHA's/IRA's available funding forthe proposed contract

.. work, the PHAIIHA may either accept separately priced Items (sae

a(e) below) or use the following procedure to determine contract

award, The~PHA/IRA shall apply In turn to each bid (proceeding Inorder from the apparent low bid to the high bid) each of the separatelypriced bid deductible Items, if any, fn their priority order set forth inthis solicitation. If upon the application of the first deductible Item toall Initial bids, a new low bid is within the pHA's/IRA's available

funding, then award shall be made is that bidder. If no bid Is withinthe available funding amount, then the PHA/IRA shall apply thesecond deductible Item, The PHA/IHA shall continue this processuntil an evaluated low bid, if any, Is within the PHA's/IRA's available

funding. If upon the application of all deductibles, no bid Is within thePHA's/IRA's available funding, or if the solic(tation does not request

separately priced deductibles, the PHA/IHA shall follow Its writtenpolicy and procedures In making any award under this solicitation,

(c) In the case of tie low bids, award shall be made in accordance

with the PHA's/IRA's written policy and procedures,

(d) The PHA/IHA may reJect any and all bids, accept other than thelowest bid (e,g., the apparent low bid Is unreasonably low), and waiveInformalities or minor irregularities In bids received, in accordance

with the PHA's/IRA's written policy and procedures,

Previous edition Is obsolete Page 2 of 4 form HUp-5369 (10/2002)

(e) Unless precluded elsewhere in the solicitation, the PHA/IHA

may accept any item or combination of Items bid,

(f) The PHA/IHA may reject any bid as n4nresppnsive if it is

materially unbalanced as to the prices for the various Items of work

to be performed. A bid Is materially unbalanced when ft Is based on

prices significantly less than cost for some work and prices which are

significantly gverstated for other work,

(g) A written award shall be furnished to the successful bidderwithin

the per(od for acceptance specified In the bid and shall result In a

binding contract without further action by either party.

9. Bid Guarantee (appl(cable to construction and equip-

ment contracts exceeding $25,000)

All bids must be accompanied by a negotiable bid guarantee which

shall not be less than five percent (5%) of the amount of the bid. The

bid guarantee may be a certified check, bank draft, U.S; Government

Bonds at par value, or a bid bond secured by a surety company

acceptable to the U.S, Government and authorized to do business in

the state where the work is to be performed, In the case where the

work under the contract will be performed on.an Indian reservation

area, the bid guarantee may also be an irrevocable Letter of Credit(see provision 10, Assurance of Completion, below). Certified

checks and bank drafts must be made payable to the order of the

PHA/IHA. The bid guarantee shall Insure the execution of the

contract and the furnishing of a method of assurance of completion

by the successful bidder as required by the solicitation. Failure to

submit a bid guarantee with the bid shall result In the refection of the

bid, Bid guarantees submitted by unsuccessful bidders will be

returned as soon as practicable after bid opening.

10, Assurance of Completion

(a) Unless otherwise provided in State law, the successful biddershall furnish an assurance of completion prior to the execution of any

contract under this solicitation, This assurance maybe [Contracting

Officer check applicable Items] —

[ ] (1) a performance and payment bond In a penal sum of 100

percent of the contract price; or, as maybe required or permitted by

State law;

[ ] (2) separate performance and payment bonds, each for 50

percent or more of the contract price;

[ ] (3) a 20 percent cash escrow;

~ J (4) a 25 percent Irrevocable letter of credit; or,

[ J (5) an Irrevocable letter of credit for 10 percent of the totalcontract price with a monitoring and disbursements agreement with

the IHA (applicable only to contracts awarded by an IHA under the

Indian Housing Program),

(b) Bonds must be obtained from guarantee or surety companies

acceptable to the U,S. Government and authorized to do business Irithe state where the work Is to be performed. Individual sureties w(II

not be considered, U.S. Treasury Circular Number 570, published

annually In the Federal Register, Ilsts companies approved to act assureties on bonds securing Government contracts, the maximum

underwriting limits on each conkract bonded, and the States In whichthe company is licensed to do business, 'Use of companies listed inthis circular Is mandatory, Copies of the circular may be downloaded

on the U,S, Department of TreasuYy website http://

www.fms,treas,gov/c570/index.html, or ordered for a minimum fee

by contacting the Government Printing Office at (202) 512-2168.

(c) Each bond shall clearly state the rate of premium and the total

amount of premium charged, The current power of attorney for the

person whp signs for the surety company must be attached to the

bond. The effective date of the power of attorney shall not precede

the date of the bond. The effective date of the bond shall be on or after

the execution date of the contract.

(d) failure by the successful bidder to obtain the required assur-

ance ofcompletion within the time specified, orwithln such extended

period as the PHA/IHA may grant based upon reasons determined

adequate by the PHAIIHA, shall' render the bidder ineligible for

award. The PHA/IHA may then either award the contract to the next

lowest responsible bidder or solicit new bids, The PHA/IHA may

retain the ineligible bidder's bid guarantee.

11, Preconstructian Conference (applicable to construction

contracts)

After award of a contract under this solicitation and prior to the start

of work, the successful bidder will be required to attend a

preconstructlon conierencewith representatives of the PHA/IHA and

Its architect/engineer, and other Interested parties convened by the

PHA/IHA, The conference will serve to acquaint the participants with

the general plan of the construction operation and all other requlre-

ments of the contract (e,g., Equal Employment Opportunity, Labor

Standards). The PHA/IHA will provide the successful bidder with the

date, time, and place of the conference,

12. Indian Preference Requirements (applicable only if

this solicitation is for a contract to be performed on a

project for an Indian Housing Authority)

(a) HUD has determined that the contract awarded under this

solicliation Is subject to the requirements of section 7(b) of the Indian

Self-Determination and Education Assistance Act (25 U.S,C. 450e(b)),

Section 7(b) requires that any contract or subcontract entered into for

the benefit of Indians shall require that, to the greatest extent feasible

(1) Preferences and opportunities fortraining and employment

(other than core crew positions; see paragraph (h) below) in connec-

tlon with the administration of such contracts or subcontracts be

given to qualified "Indians," The Act defines "Indians" to meanpersons who are members of an Indian tribe and defines "indlan

tribe" to mean any Indian tribe, band, nation, or other organized

group or community, including any Alaska Native village or regional

or village corporation as defined in or established pursuant to the

Alaska Native Claims Settlement Act, which Is recognized as eligible

for the special programs and services provided by the United States

to Indians because of their status as Indians; and,

(2) Preference In the award of contracts or subcontracts in

connection with the.administratfon of contracts be given to Indianorganizations and to Ihdian-owned economic enterprises, as de-

fined In section 3 of the Indian Financing Act of 1974 (25 U.S.C,

1452), That Act defines "eoonomic enterprise" to mean any Indlan-

owned commercial, Industrial, or business activity established or

organized for the purpose of profit, except that the Indian ownership

must constitute not less than 51 percent of the enterprise; "Indian

organization" to mean the governing body of any Indian tribe or ent(ty

established or recognized by such governing body; "Indian" to mean

any person who is a member of any tribe, band, group, pueblo, or

community which is recognized by the Federal Government as

eligible for services from the Bureau of Indiah Affairs and any

"Native" as defined in the Alaska Native Claims Settlement Act; and

Indian "tribe" to mean any Indian tribe; band, group, pueblo, or

community including Native villages and Native groups (including

Previous edition is obsolete Page 3 of Q form HUD-5369 (10 2002)

corporations organized by Kenai, Juneau, Sitka, and Kodiak) as

defined in the Alaska Native Claims Settlement Act, which is recog-

nized by the Federal Government as eligible for services from the

Bureau of Indian Affairs.

(b) (1) The successful Contractor under this solicitation shall com-ply with the requirements of this provision in awarding all subcon-

tracts under the contract and In prov(ding training and employment

opportunities,

(2) A finding by the IHA that the contractor, either (i) awarded

a subcontract without using the procedure required by the IHA, (ll)

falsely represented that subcontracts would be awarded to Indian

enterprises or organizations; or, (fit) felled to comply with the

contractor's employment and training preference bid statementshallbe grounds for termination of the contract or for the assessment of

penalties or other remedies,

(c) If specified elsewhere In this solicitation, the IHA may restrict the

solicitation to qualified Indian-owned enterprises and Indian organi-

zations. If two or more (or a greater number as specified elsewhere

in the solicitation) qualif(ed Indian-owned enterprises or organiza-tions submit responsive bids, award shall be made to the qualified

enterprise or organization with the lowest responsive bid, If fewer

than the minimum required number of qualified Indian-owned enter-

prises or organizations submit responsive bids, the IHA shall reject

all bids and readvertise the solicftaiion in accordance with paragraph(d) below,

(d) If the IHA prefers not io restrict the solicitation as described in

paragraph (c) above, or if after having restricted a solicitation an

insufficient number of qualified Indian enterprises or organizations

submit bids, the IHA may advertise for bids from non-Indian as wellas Indian-owned enterprises and Indian organizations. Award shallbe made to the qualified Indian enterprise or organization with the

lowest responsive bid If that bid Is

(1) Within the maximum NUD-approved budget amount estab-

Ilshed for the specific project or activity for which bids are beingsolicited; and

(2) No morethanthepercentagespecifiedln24CFR905,175(c)

higher than the total bid price of the lowest responsive bid from anyqualified bidder. If no responsive bid by a qualified Ihdian-owned

economic enterprise or organization is within the stated range of the

total bid price of the lowest responsive bid from any quallf(ed

enterprise, award shall be made to the bidder with the lowest bid,

(e) Bidders seeking to qualify for preference in contracting or

subcontracting shall submli proof of Indian ownership with their bids,

Proof of Indian ownership shall Include but not be limited to:

(1) Certification by a irlbe or other evidence that'the bidder is

an Indian, The IHA shall accept the certification of a tribe that an

Individual Is a member,

(2) Evidence such as stock ownership, structure, manage-

ment, control, financing and salary or profit sharing'arrangements of

the enterprise,

(f) (1) All bidders must submit with their bids a statement describ-

ing how they will provide Indian preference In the award of subcon-

iracts, The specific requirements of that statement and the factors

io used by the IHA In determining the statement's adequacy are

Included as an attachment to this solicitation. Any bid that falls to

Include the required statement shall be rejected as nonresponsive,

The IHA may require that comparable statements be provided by

subcontractors to the successful Contractor, and may require the

Contractor to reject any bid or proposal by a subcontractor that falls

io include the statement.

(2) Bidders and prospective subcontractors shall submit a

certification (supported by credible evidence) to the IHA in any

instance where the bidder or subcontractor believes li Is Infeasible to

provide Indian preference in subcontracting. The acceptance or

rejection by the IHA of the certification shall be final. Rejection shall

disqualify the bid from further consideration.

(g) All bidders muss submit with their bids a statement detailing their

employment and training opportunities and their plans io provide

preference to Indians In implementing the contract; and the number

or percentage of Indians anticipated to be employed and trained,

Comparable statements from all proposed subcontractors must be

subm(tted, The criteria to be used by the IHA in determining the

statemant(s)'s adequacy are included as an attachmeht to this

solicitation. Any bid that fails to Include the requlrod statement(s), or

that includes a statement that does not meet minimum standards

required by the IHA shall be rejected as nonresponsive,

(h) Core crew employees. A core craw employee Is an individual

who is a bona fide employee of the contractor at the time the bid Is

submitted; oran Individual who was not employed by the bidderat the

time the bid was submitted, but who is regularly employed by the

bidder in a supervisory or other key skilled position when work Is

available. Bidders shall submit with their bids a Iist of all core crew

employees.

(i) Preference In contracting, subcontracting, employment, and

training shall apply not only on-site, on the reservation, orwithin the

IHA's jurisdiction, but also to contracts with firms that operate outside

these areas (e.g., employment in modular or manufactured housing

construction facilities),

(J) Bidders should contact the IHA to determine if any additional

local preference requirements are applicable to this solicitation.

(k) The IHA [ J does [ ]does not [Contracting Offioer check

applicable box) maintain Iists of Indian-owned economic enterprises

and Indian organizations by specialty (e.g., plumbing, electrical,

foundations), which are available to bidders to assist them In meeting

their responsibility to provide preference in connection with the

administration of contracts and subcontracts,

Previous edition fs obsolete Page a of 4 form HUp-5369 (10/2002)

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BID FORM PH-15.11

BIDS SUBMITTED TO: MINNEAPOLIS PUBLIC HOUSING AUTHORITY1001 Washington Ave. N. Room #203Minneapolis, MN 55401

TO WHOM IT MAY CONCERN:

1) The undersigned Contractor, having become familiar with the existing conditions

affecting the cost of materials) and/or services) and with the following Contract

Documents: Applicable Notices, the Invitation for Bids, HUD 5369 Instructions to

Bidders, MPHA Supplement to Instructions to Bidders, •Section 3Informational Summary, the Bid Forms, the form of Bid Bond, the form of Non-

Collusion Affidavit, the Statement of Contractor's Qualifications, W/MBE-Section

3 Participation, HUD 5369-A Bidders Representations and Certifications, HUD

5370 General Contract Conditions, MPHA Special Conditions, Labor Relations

Wage Decision, Labor Standards HUD 5370, sample Contract Forms, MN

Sales Tax Low-Income Housing Refund Form and Technical Specifications

proposes) to furnish all labor, tools, materials, taxes, equipment, technical

personnel, supervision, machinery, permits, bonds, insurance, services,

including utility and transportation services necessary to satisfactorily perform

and complete all work required as described in the attached bid documents for

the amounts) specified below:

PNEUMATIC VALVE CONVERSION -1717 WASHINGTONSTREET NE, MINNEAPOLIS MINNESOTA

BID TOTAL

BID ITEM PNEUMATIC VALUE CONVERSION ................................................$

The Bid Form Totals shall include all applicable taxes and fees.

SUBMITTED BY

COMPANY:

*Contract #PH-15.11 will be awarded to the responsible bidder submitting the lowest responsive bid.The contract award will be based on the Total Base Bid. MPHA reserves theright to reject all bid submissions.'`Bidder shall submit bid forms in their entiretyand notarize where applicable.

~ •'

MPHA Contract # PH-15.11

MINNEAPOLIS PUBLIC HOUSING AUTHORITY

WOMEN AND MINORITY-OWNED (W/MBE)

EQUAL01?PORTUNITYPOLICY STATEMENT

CONTRACTOR will provide Equal Opportunity to all employees and applicants for employment in

accordance with all applicable Equal Opportunity/Affirmative Action laws, directives and regulations of

Federal, State and local governing bodies,

CONTRACTOR will not discriminate against any employee or applicant for employment because of

race, color or creed, sex, religion, ancestry, national origin, gender, affectional preference, disability,

age, marital status, veteran status or public assistance status.

CONTRACTOR will take affirmative action to ensure that all employment practices including hiring,

upgrading, demotion, transfer, recruitment, termination, lay-off, rates of pay and other compensation

and selection for training and apprenticeship are non-discriminatory.

CONTRACTOR will prohibit the harassment of any employee orjob applicant because of gender,

national origin or race.

CONTRACTOR shall commit the necessary time and financial and human resources to achieve the goals

of Equal Employment Opportunity and Affirmative Action.

CONTRACTOR shall evaluate its management and supervisory personnel's performance in achieving

AfFirmative Action objectives. Contractor also agrees that its employees or employees of its

subcontractors who do not comply with the Equal Employment Opportunity- Policies and Procedures in

this statement shall be subject to disciplinary action. An employee or applicant for employment who

believes he/she has been discriminated against should contact the Minneapolis-Department of Civil

Rights.

CONTRACTOR shall use its best efforts to afford women and minority-owned business enterprises

(W/MBE's) the maximum practicable opportunity to participate in performing the contract. Goals are

as follows: 20% of the value of any construction contract or non-construction contract which exceeds

$50,000 be awarded to minority-owned business enterprises (MBE) and 7% of the value of the

construction contract or non-construction contract which exceeds $50,000 be awarded to women- .

owned business enterprises (WBE).

(Signature of Bidder or Authorized Representative) (Date)

(Name of Firm)

MINNEAPOLIS PUBLIC HOUSING AUTHORITY

Notice to Bidders

WOMEN AND MINORITY—OWNED BUSINESS

AND SECTION 3 BUSINESS PARTICIPATION CERTIFICATION

Failure to Complete this W/MBE and Section 3 Participation Certification May Disqualify Your Bid

MPHA has established minimum Women and Minority-Owned Business (W/MBE) and Section 3

Business goals. MPHA's participation goals are based upon the contract amount and are 7% for

women-owned businesses, 20%for minority-owned businesses and 10% for Section 3 businesses, To

the greatest extent feasible, bidders shall attempt to reach or, if possible exceed, these goals.

Bidder shall document their efforts to meet the W/MBE and Section 3 participation goals by

completing this Certification form. Bidder shall solicit quotes from W/MBE and Section 3 businesses or

explain in detail why quotes were not received. Bidder will also list the W/MBE and Section 3

businesses that it intends to contract with and state the percentage of their work based upon the total

bid amount.

A. The Bidder solicited the following WBE, MBE and Section 3 Businesses for quotes in preparing

this bid.

WBE Subcontractor or Supplier Address &Phone Number Type of Trade/Material

MBE Subcontractor or Supplier Address &Phone Number Type ofTrade/Material

Section 3 •Subcontractor or Supplier Address &Phone Number Tvpe of Trade/Material

Rev. June 13, 2011

B. If awarded the contract, Bidder intends to subcontract work to or buy materials from the

following W/MBE and Section 3 businesses.

of Total

WBE Subcontractor or Supplier Address &Phone Number Tvpe of Trade/Material

of Total

MBE Subcontractor or Supplier Address &Phone Number Type of Trade/Material

of Total

Section 3 Subcontractor or Supplier Address &Phone Number Type of Trade/Material

A person who submits false or inaccurate information to MPHA regarding this Form or

compliance with goals may lose an awarded contract or be declared non-responsive for future

contracting opportunities with MPHA. Also, MPHA may report misconduct to HUD for further

sanctions. Before or after awarding a contract, MPHA may verify the use of the W/MBE and

Section 3 businesses listed on this Form.

Under penalty of perjury I certify, that Bidder has solicited the above quotes and to the

greatest extent feasible will take affirmative action to contract with the businesses listed

above.Legal Name of Bidder

Signature

Printed Name

Title

Date

EQUAL EMPLOYiViENT OPPORTUiVITY /EQUAL HOUSING OPPORTUNITY

June 13, 2011

MINNEAPOLIS PUBLIC HOUSING AUTHORITY

FORM OF BID BOND

KNOWALL MENBYTHESE PRESENTS, that we, the undersigned,

(Name of Principal)

as Principal, and(Name of Surety)

AS SURETY are held and firmly bound unto to Minneapolis Public Housing Authority in and for the City

of Minneapolis, Minnesota, hereinafter called the "Local Agency", in the penal sum of:Dollars, .. ($ ), Lawful

Money of the United States of America for payment of which sum will and truly to be made, we bind ourselves,

our heirs, executors, administrators, successors and assigns jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATIONIS SUCHthat whereas the Principal has submitted the

accompanying bid, dated , 20 ,for

NOW THEREFORE, if the Principal shall not withdraw said bid within the period specified therein after

the opening of the same, or, if no period be specified, within sixty (60) days after the said opening, and shall

within the period specified therefore, or if no period be specified, within ten (10) days after the prescribed forms

are presented to him for signature, the principal shall enter into a written Contract with the Local Agency in

accordance with the bid as accepted, and give bond and sufficient surety or surety, as may be required, for the

faithful performance and proper fulfillment of such Contract. Or in the event of the withdrawal of said bid within

the period specified, or the failure to enter into such Contract and give such bond within the time specified, if the

Principal shall pay the Local Agency the difference between the amount specified in said bid and amount for

which the Local Agency may procure the required work of supplies or both, if the latter be in excess of the

former, then the above obligation shall be void and of no effect, otherwise to remain in full force and virtue.

IN WITNESS WHEREOF, the above-bounden parties have executed this instrument under their several

seals the day of , 20 ,the name and corporate seal of each corporate

party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority

of its governing body.

FXF.CUTED INPRESENCE OF:

(Witness As To Principal) CONTRACTOR (Type or Print)

(Witness As To Surety)

By:

(Type or Print)

By:(Type or Print)

(seal)

Form of Bid BondPage 2

(Power-of-Attorney of person signing for Surety Company must be attachedand certified to as in effect on date of bond acknowledgement by Surety)

CERTIFICATE OF ACKNOWLEDGEMENT OF CORPORATE SURETY

STATE OFCOUNTY OF ) ss On this day of , 20

before me, a Notary Public for the county, personally appeared andto me personally known, who, being by me duly sworn, did say that they are

respectively the and the of ,the

corporation named in the foregoing instrument. The seal affixed to the instrument is the corporate seal of the corporation, and

that the instrument was signed and sealed in behalf of the corporation by authority of its Board ofand the acknowledges the instrument to the free

act and deed of the corporation.

Notary Public, County

CERTIFICATE OF ACKNOWLEDGEMENT OF CORPORATION

STATE OFCOUNTY OF ) ss On this day of , 20

before me, a Notary Public for the county, personally appeared andto me personally known, who, being by me duly sworn, did say that they are

respectively the and the of ,the

corporation named in the foregoing instrument. The seal affixed to the instrument is the corporate seal of the corporation, and

that the instrument was signed and sealed in behalf of the corparation by authority of its Board ofand the acknowledges the instrument to the free

act and deed of the corporation.

Notary Public, County.

CERTIFICATE OF ACKNOWLEDGEMENT OF PARTNERSHIP

STATE OFCOUNTY OF ) ss On this day of , 20

before me, a Notary Public for the county, personally appeared andto me personally known to be all of the Partners doing business under the

Partnership name of ,who, being by me duly sworn who executed the foregoing

instrument and acknowledge that the seal affixed to the instrument is the seal of the partnership, and that the instrument was

signed and sealed in behalf of the partnership and the partners acknowledge the instrument to the free act and deed of the

partnership.

Notary Public, County

CERTIFICATE OF ACKNOWLEDGEMENT OF BY INDIVIDUAL

STATE OFCOUNTY OF ) ss On this day of , 20 before me, a

Notary Public for the county, personally appeared , to me known to be the person

described in and who executed the foregoing instrument and acknowledges to

me that he/she executed the same as his/her own free act and deed.

Notary Public, County

MINNEAPOLIS PUBLIC HOUSING AUTHORITY

BID FORM

NON-COLLUSION AFFIDAVIT OF PRIME BIDDERApplies to bids exceeding $50,000)

State of Minnesota )

County of Hennepin)

being first duly sworn, deposes and says that:

1) He/She is(Owner, Partner, Officer, Representative or Agent)

of ,the bidder that has submitted the attached bid;

2) He/She is fully informed respecting the preparation and contents of the attached bid and of all

pertinent circumstances respecting such bid;

3) Such bid is genuine and is not a collusive or sham bid;

4) Neither the said bidder nor any of its officers, partners, owner, agents, representatives,

employees ar parties in interest, including this affiant, has in any way colluded, conspired, connived

ar agreed, directly or indirectly, with any other bidder, firm or person to submit a collusive or sham

bid in connection with the contract for which the attached bid has been submitted or to refrain from

bidding im connection with such contract, or has in any manner, directly or indirectly, sought by

agreement or collusion or communication or conference with any other bidder, firm or person to

fi~c the price or prices in the attached bid or of any other bidder, or to fix any overhead, profit or cost

element of the bid price of any other bidder, or to secure through any collusion, conspiracy,

connivanceor unlawful agreement any advantage against the Minneapolis Public Housing Authority in and for the

City of Minneapolis or any person interested in the proposed contract; and

5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion,

conspiracy, connivance or unlawful agreement on the part of the bidder or any of its agents,

representatives, owner, employees, or parties in interest, including this affiant.

(Signature)

(Title)

Subscribed and Sworn to Before me

this day of , 20

(Notary Public)

CountyMy Commission Expires:

EQUAL EMPLOYMENT OPPORTUNITY/EQUAL HOUSING OPPORTiJNITY

MINNEAPOLIS PUBLIC HOUSING AUTHORITY

STATEMENT OF CONTRACTOR'S QUALIFICATIONS

Contractor must clearly and completely answer all questions. Contractor may supplement answer on

separate sheets of paper and may submit additional relevant information. Contractor must sign

statement before a notary.

1. Contractor's legal name:2. Complete address of Contractor's permanent main office including city, state and zip code.

3. Names of Contractor's principal members and corporate officers.

4. Place and date of organization startup or corporation.

5. Number of years that Contractor has done business under its present name,

6. General description of Contractor's work or business.

7. If Contractor has ever defaulted on a contract, explain the circumstances, when, where and why.

8. If Contractor has ever failed to complete any work on a contract, explain the circumstances, when,

where and why?

9. List Contractor's recent important and completed contracts. State the type of work performed,

approximate gross cost of the contract, the month and year the contract was completed and the

name, address, telephone number of the contact person for the other contracting parties.

10. List the major equipment available for this contract and state whether Contractor owns or will

lease the equipment.

11. Describe Contractor's experience in completing work similar to the work required under this

contract.

12. Describe the background and experience of Contractor's principal members and corporate officers.

13. State the amount of available line of credit $

14. State the name and address of a bank reference and the name, address and telephone number of a

bank contact person.

15. If Contractor is or has been a party to a complaint, grievance, action, or legal or administrative

proceeding involving any charge of discrimination, describe the charges and outcome of the

proceeding and state the file number and venue of the proceeding and the name and address of

the charging parties.

16. If Contractor is or has been a party to any federal, state or local agency investigation arising out of

Contractor's work, describe the charges and outcome of the proceeding and state the file number,

agency, venue and the name and address of the charging parties.

17. If Contractor is or has been a party to or otherwise involved in any action or proceeding arising out

of an alleged violation of the Copeland Act, Federal Labor Standards, Davis-Bacon Act or Federal

Labor Standards, describe the charges and outcome of the proceeding and state the file number,

agency, venue and the name and address of the charging parties.

The undersigned authorizes any person, firm or corporation to provide any information or documents,

which Minneapolis Public Housing Authority may request to verify the Contractor's qualifications or

information provided in this Statement. The undersigned affirms under penalty of perjury that the

answers, information and documents provided in response to this Statement are true and correct.

Date: ,20_Legal Name of Contractor

By:Type Name

SignatureIts:

Subscribed and sworn to before me

On . 20_(Notary Public)

State of , County of

My Commission Expires:

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PUBLIC H O U S I N GA IJ T'~~ H O R ~I 'C Y

1

PROCUREMENT DEPARTMENTf

Minn. Stat. § 16C.285 Responsible Construction Contractor Verification Form

A prime contractor or subcontractor (Contractor) must meet the minimum criteria inMinn. Stat. § 16C.285 to be eligible to be awarded a Construction Contract as the lowestresponsible bidder or the vendor or contractor offering the best value. A constructioncontractor does not include a material supplier. The minimum criteria are briefly listed

below. See § 16C.285 for definitions and further explanations.

A. Regardless of contract value, Contractor verifies that Contractor is currently:

1. is in compliance with workers' compensation and unemployment insurancerequirements;

2. is registered with the MN Department of Revenue and the Department ofEmployment and Economic Development, if it has employees;

3. has a valid federal tax identification number or if an individual, a valid SocialSecurity number; and

4. has filed a certificate of authority to transact business in Minnesota with thesecretary of state, if a foreign corporation or cooperative;

B. For contracts estimated in excess of $50,000, Contractor verifies thatContractor:

1, for the last three years from July 1, 2014, has not violated Minnesota laws 177.24minimum wage, 177.25 overtime, 177.41 prevailing wage, 177.42 to 177.44 for stateprojects; 181.13, prompt payment of wages, 181.14 settlement of disputes; 181.722misrepresentation of employment, Chapter 3266 construction codes and licensing;363A.36 revoked or suspended certificate of compliance or United States Code, title 40Fair Labor Standards Act ~t Sections 3141 to 3148 Davis-Bacon Act; orhas not received a final determination for a monetary sanction from the Department of

Administration or Transportation for failure to meet group business, disadvantaged

business enterprise or veteran-owned foals, due to lack of good faith effort;

2. is currently not suspended or debarred by the federal government or the State ofMinnesota or any of its departments, commissions, agencies or political subdivisions; and

3. all subcontractors that contractor intends to use shall verfify in writing tocontractor compliance with § 16C.285.

1001 Washington Ave, N Minneapolis, MN 55401 Form: RCCV_2015.1

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PROCUREMENT DEPARTMENT:~•

Minn. Stat. § 16C.285 Responsible Construction Contractor Verification Form

Within 14 days of retention, Contractor shall provided to MPHA a completed Minn. Stat. §16C.285 Responsible Construction Contractor Verification Form signed by everysubcontractor hired by contractor to perform work under this contract.

The undersigned affirms under penalty of perjury that the Contractor has complied withMinn. Stat. ~ 16C.285 and has met the minimums and that the information on this form istrue and correct.

Date:

Company's Legal Name:

Tax ID No:

By:Signature

Name:Print

Its:

Check One: Contractor -or- Subcontractor

1001 Washington Ave. N Minneapolis, MN 55401 Form: RCCV_2015.1

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

Representations, Certifications,and Other Statements of Bidders

Public and Indian Housing Programs

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

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

Table of Contents

Clause

1. Certificate of Independent Price Determination

2. Contingent Fee Representation and Agreement

3. Certification and Disclosure Regarding Payments

to Influence Certain Federal Transactions

4. Organizational Conflicts of Interest Certification

5. Bidder's Certification of Eligibility

6. Minimum Bid Acceptance Period

7. Small, Minority, Women-Owned Business ConcernRepresentation

8. Indian-Owned Economic Enterprise and IndianOrganization Representation

9. Certification of Eligibility Under the Davis-Bacon Act

10, Certification of Nonsegregated Facilities

11. Clean Air and Water Certification

12. Previous Participation Certificate

13. Bidder's Signature

Page (iii) As an agent, has not personally participated, and will

~ not participate in any action contrary to subparagraphs (a)(1)

through (a)(3) above.1

(c) If the bidder deletes or modifies subparagraph (a)2 above, the

~ bidder must furnish with its bid a signed statement setting forth in

detail the circumstances of the disclosure.

2 Contractin Officer check if followin ara ra h is a licable2 C l C 9 9 P 9 P PP ~ l

(d) Non-collusive affidavit. (applicable to contracts for construction

2 and equipment exceeding $50,000)

2 (1) Each bidder shall execute, in the form provided by the PHA/

IHA, an affidavit to the effect that he/she has not colluded with any

other person, firm or corporation in regard to any bid submitted in

2 response to this solicitation. If the successful bidder did not submit

3 the affidavit with his/her bid, he/she must submit it within three (3)

g working days of bid opening. Failure to submit the affidavit by that

3 date may render the bid nonresponsive, No contract award will be

made without a properly executed affidavit.

3 (2) A fully executed "Non-collusive Affidavit" [ ] is, [ ] is not

3 included with the bid.

Certificate of Independent Price Determination

(a) The bidder certifies that--

(1) The prices in this bid have been arrived at independently,

without, for the purpose of restricting competition, any consultation,

communication, or agreement with any other bidder or competitor

relating to (i) those prices, (ii) the intention to submit a bid, or (iii) the

methods or factors used to calculate the prices offered;

(2) The prices in this bid have not been and will not be

knowingly disclosed by the bidder, directly or indirectly, to any other

bidder or competitor before bid opening (in the case of a sealed bid

solicitation) or contract award (in the case of a competitive proposal

solicitation) unless otherwise required by law; and

(3) No attempt has been made or will be made by the bidder to

induce any other concern to submit or not to submit a bid for the

purpose of restricting competition.

(b) Each signature on the bid is considered to be a certification by

the signatory that the signatory--

(1) Is the person in the bidder's organization responsible for

determining the prices being offered in this bid or proposal, and that

the signatory has not participated and will not participate in any

action contrary to subparagraphs (a)(I) through (a)(3) above; or

(2) (i) Has been authorized, in writing, to act as agent for the

following principals in certifying that those principals have not

participated, and will not participate in any action contrary to

subparagraphs (a)(I) through (a)(3) above.

[insert

full name of persons) in the bidder's organization responsible for

determining the prices offered in this bid or proposal, and the title of

his or her position in the bidder's organization];

(ii) As an authorized agent, does certify that the principals

named in subdivision (b)(2)(i) above have not participated, and will

not participate, in any action contrary to subparagraphs (a)(1)

through (a)(3) above; and

2. Contingent Fee Representation and Agreement

(a) Definitions. As used in this provision:

"Bona fide employee" means a person, employed by a bidder

and subject to the bidder's supervision and control as to time, place,

and manner of performance, who neither exerts, nor proposes to

exert improper influence to solicit or obtain contracts nor holds out

as being able to obtain any contracts) through improper influence.

"Improper influence" means any influence that induces or tends

to induce a PHA/IHA employee or officer to give consideration or to'

act regarding a PHA/IHA contract on any basis other than the merits

of the matter.

(b) The bidder represents and certifies as part of its bid that, except

for full-time bona fide employees working solely for the bidder, the

bidder:

(1) [ ]has, [ ]has not employed or retained any person or

company to solicit or obtain this contract; and

(2) [ ]has, [ ]has not paid or agreed to pay to any person or

company employed or retained to solicit or obtain this contract any

commission, percentage, brokerage, or other fee contingent upon or

resulting from the award of this contract.

(c) If the answer to either (a)(1) or (a)(2) above is affirmative, the

bidder shall make an immediate and full written disclosure to the

PHA/IHA Contracting Officer.

(d) Any misrepresentation by the bidder shall give the PHA/IHA the

right to (1) terminate the contract; (2) at its discretion, deduct from

contract payments the amount of any commission, percentage,

brokerage, or other contingent fee; or (3) take other remedy

pursuant to the contract.

3. Certification and Disclosure Regarding Payments to

Influence Certain Federal Transactions (applicable to

contracts exceeding $100,000)

(a) The definitions and prohibitions contained in Section 1352 of

title 31, United States Code, are hereby incorporated by reference

in paragraph (b) of this certification.

Previous edition is obsolete Pagel of 3 form HUD-5369•A (11/92)

(b) The bidder, by signing its bid, hereby certifies to the best of hisor her knowledge and belief as of December 23, 1989 that:

(1) No Federal appropriated funds have been paid or will bepaid to any person for influencing or attempting to influence anofficer or employee of any agency, a Member of Congress, an officeror employee of Congress, or an employee of a Member of Congresson his or her behalf in connection with the awarding of a contractresulting from this solicitation; .

(2) If any funds other than Federal appropriated funds (includ-ing profit or fee received under a covered Federal transaction) havebeen paid, or will be paid, to any person for influencing or attemptingto influence an officer or employee of any agency, a Member ofCongress, an officer or employee of Congress, or an employee of aMember of Congress on his or her behalf in connection with thissolicitation, the bidder shall complete and submit, with its bid, OMBstandard form LLL, "Disclosure of Lobbying Activities;" and

(3) He or she will include the language of this certification in allsubcontracts at any tier and require that ali recipients of subcontractawards in excess of $100,000 shall certify and disclose accordingly.

(c) Submission of this certification and disclosure is a prerequisitefor making or entering into this contract imposed by section 1352,title 31, United States Code. Any person who makes an expenditureprohibited under this provision or who fails to file or amend thedisclosure form to be filed or amended by this provision, shall besubject to a civil penalty of not less than $10,000, and not more than$100,000, for each such failure.

(d) Indian tribes (except those chartered by States) and Indianorganizations as defined in section 4 of the Indian Self-Determina-tion and Education Assistance Act (25 U.S.C. 4506) are exemptfrom the requirements of this provision.

4. Organizational Conflicts of Interest Certification

The bidder certifies that to the best of its knowledge and belief andexcept as otherwise disclosed, he or she does not have anyorganizational conflict of interest which is defined as a situation inwhich the nature of work to be performed under this proposedcontract and the bidder's organizational, financial, contractual, orother interests may, without some restriction on future activities:

(a) Result in an unfair competitive advantage to the bidder; or,

(b) Impair the bidder's objectivity in performing the contract work.

[ ] In the absence of any actual or apparent conflict, I hereby certifythat to the best of my knowledge and belief, no actual or apparentconflict of interest exists with regard to my possible performance ofthis procurement.

5. Bidder's Certification of Eligibility

(a) By the submission of this bid, the bidder certifies that to the bestof its knowledge and belief, neither it, nor any person or firm whichhas an interest in the bidder's firm, nor any of the bidder's subcon-tractors, is ineligible to:

(1) Be awarded contracts by any agency of the United StatesGovernment, HUD, or the State in which this contract is to beperformed; or,

(2) Participate in HUD programs pursuant to 24 CFR Part 24

(b) The certification in paragraph (a) above is a material represen-tation of fact upon which reliance was placed when making award.If it is later determined that the bidder knowingly rendered anerroneous certification, the contract may be terminated for default,and the bidder may be debarred or suspended from participation inHUD programs and other Federal contract programs.

Minimum Bid Acceptance Period

(a) "Acceptance period," as used in this provision, means thenumber of calendar days available to the PHA/IHA for awarding acontract from the date specified in this solicitation for receipt of bids.

(b) This provision supersedes any language pertaining to theacceptance period that may appear elsewhere in this solicitation.

(c) The PHA/IHA requires a minimum acceptance period of[Contracting Officer insert time period] calendar days.

(d) In the space provided immediately below, bidders may specifya longer acceptance period than the PHA's/IRA's minimum require-ment. The bidder allows the following acceptance period:calendar days.

(e) A bid allowing less than the PHA's/IRA's minimum acceptanceperiod will be rejected,

(f) The bidder agrees to execute all that it has undertaken to do, incompliance with its bid, if that bid is accepted in writing within (1) theacceptance period stated in paragraph (c) above or (2) any longeracceptance period stated in paragraph (d) above.

7. Small, Minority, Women-Owned Business ConcernRepresentation

The bidder represents and certifies as part of its bid/ offer that it --

(a) [ ] is, [ ] is not a small business concern. "Small businessconcern," as used in this provision, means a concern, including itsaffiliates, that is independently owned and operated, not dominantin the field of operation in which it is bidding, and qualified as a smallbusiness under the criteria and size standards in 13 CFR 121.

(b) [ ] is, [ ] is not a women-owned business enterprise. "Women-owned business enterprise," as used in this provision, means abusiness that is at least 51 percent owned by a woman or womenwho are U.S. citizens and who also control and operate the business.

(c) [ ] is, [ ] is not a minority business enterprise. "Minoritybusiness enterprise," as used in this provision, means a business

which is at least 51 percent owned or controlled by one or moreminority group members or, in the case of a publicly owned business,at least 51 percent of its voting stock is owned by one or moreminority group members, and whose management and daily opera-tionsare controlled by one or more such individuals. Forthe purpose

of this definition, minority group members are:

(Check the block applicable to you)

[ ]Black Americans [ ]Asian Pacific Americans

[ ] Hispanic Americans [ ]Asian Indian Americans

[ ] Native Americans [ ]Hasidic Jewish Americans

8. Indian-Owned Economic Enterprise and IndianOrganization Representation (applicable only if thissolicitation is for a contract to be performed on a project for anIndian Housing Authority)

The bidder represents and certifies that it:

(a) [ ] is, [ ] is not an Indian-owned economic enterprise."Economic enterprise," as used in this provision, means any com-mercial, industrial, or business activity established or organized forthe purpose of profit, which is at least 51 percent Indian owned."Indian," as used in this provision, means any person who is amember of any tribe, band, group, pueblo, or community which isrecognized by the Federal Government as eligible for services fromthe Bureau of Indian Affairs and any "Native" as defined in the AlaskaNative Claims Settlement Act.

(b) [ ] is, [ ] is not an Indian organization. "Indian organization,"as used in this provision, means the governing body of any Indiantribe or entity established or recognized by such governing body.Indian "tribe" means any Indian tribe, band, group, pueblo, or

Previous edition is obsolete Page 2 of 3 form HUD-5369-A (11/92)

community including Native villages and Native groups (including

corporations organized by Kenai, Juneau, Sitka, and Kodiak) as

defined in the Alaska Native Claims Settlement Act, which is

recognized by the Federal Government as eligible for services from

the Bureau of Indian Affairs.

9. Certification of Eligibility Under the Davis-Bacon

Act (applicable to construction contracts exceeding. $2,000)

(a) By the submission of this bid, the bidder certifies that neither it

nor any person or firm who has an interest in the bidder's firm is a

person orfirm ineligible to be awarded contracts bythe United States

Government by virtue of section 3(a) of the Davis-Bacon Act or 29

CFR 5.12(a)(1).

(b) No part of the contract resulting from this solicitation shall be

subcontracted to any person or firm ineligible to be awarded

contracts by the United States Government by virtue of section 3(a)

of the Davis-Bacon Act or 29 CFR 5.12(a)(1).

(c) The penalty for making false statements is prescribed in the U.

S. Criminal Code, 18 U.S.C. 1001.

'10. Certification of Nonsegregated Facilities (applicable

to contracts exceeding $10,000)

(a) The bidder's attention is called to the clause entitled Equal

Employment Opportunity of the General Conditions of the Con-

tract for Construction.

(b) "Segregated facilities," as used in this provision, means any

waiting rooms, work areas, rest rooms and wash rooms, restaurants

and other eating areas, time clocks, locker rooms and other storage

or dressing areas, parking lots, drinking fountains, recreation or

entertainment areas, transportation, and housing facilities provided

for employees, that are segregated by explicit directive or are in fact

segregated on the basis of race, color, religion, or national origin

because of habit, local custom, or otherwise.

(c) By the submission of this bid, the bidder certifies that it does not

and will not maintain or provide for its employees any segregated

facilities at any of its establishments, and that it does not and will not

permit its employees to perform their services at any location under

its control where segregated facilities are maintained. The bidder

agrees that a breach of this certification is a violation of the Equal

Employment Opportunity clause in the contract.

(d) The bidder further agrees that (except where it has obtained

identical certifications from proposed subcontractors for specific

time periods) prior to entering into subcontracts which exceed

$10,000 and are not exempt from the requirements of the Equal

Employment Opportunity clause, it will:

(1) Obtain identical certifications from the proposed subcon-

tractors;

(2) Retain the certifications in its files; and

(3) Forward the following notice to the proposed subcontrac-

tors (except if the proposed subcontractors have submitted identical

certifications for specific time periods):

Notice to Prospective Subcontractors of Requirement for

Certifications of Nonsegregated Facilities

A Certification of Nonsegregated Facilities must be submitted before

the award of a subcontract exceeding $10,000 which is not exempt

from the provisions of the Equal Employment Opportunity clause of

the prime contract. The certification may be submitted either for

each subcontract or for all subcontracts during a period (i.e.,

quarterly, semiannually, or annually).

Note: The penalty for making false statements in bids is prescribed

in 18 U.S.C. 1001.

11. Clean Air and Water Certification (applicable to con-

tracts exceeding $100,000)

The bidder certifies that:

(a) Any facility to be used in the performance of this contract [ ]

is,• [ ] is not listed on the Environmental Protection Agency List of

Violating Facilities:

(b) The bidder will immediately notify the PHA/IHA Contracting

Officer, before award, of the receipt of any communication from the

Administrator, or a designee, of the Environmental Protection

Agency, indicating that any facility that the bidder proposes to use

for the performance of the contract is under consideration to be

listed on the EPA List of Violating Facilities; and,

(c) The bidder will include a certification substantially the same as

this certification, including this paragraph (c), in every nonexempt

subcontract.

12. Previous Participation Certificate (applicable to

construction and equipment contracts exceeding $50,000)

(a) The bidder shall complete and submit with his/her bid the Form

HUD-2530, "Previous Participation Certificate." If the successful

bidder does not submit the certificate with his/her bid, he/she must

submit it within three (3) working days of bid opening. Failure to

submit the certificate by that date may render the bid nonresponsive.

No contract award will be made without a properly executed certifi-

cate.

(b) A fully executed "Previous Participation Certificate"

[ ] is, [ ] is not included with the bid.

13. Bidder's Signature

The bidder hereby certifies that the information contained in these

certifications and representations is accurate, complete, and

current.

(Signature and Date)

(Typed or Printed Name)

(Company Address)

Previous edition is obsolete Page 3 of 3 form HUD-5369-A (11/92)

MINNEAPOLIS PUBLIC HOUSING AUTHORITY

CERTIFICATE OF ACKNOWLEDGEMENT

The Principals) of the company submitting the Bid is/are (list each):

Name: Name:

Address: Address:

Name:

Address:

BID FORM

MPHA Contract #PH-15,;~~

(City; State, Zip Code) (City, State, Zip Code)

Name:

Address:

(City, State, Zip Code)

(Name of Bidder/Company)

(Official Business Address Including Zip Code + 4)

(Signature of Bidder/Principal)

Federal Tax I,D.#:

LICENSE #

(City of Minneapolis)

(City, State, Zip Code)

(Title)

Telephone #: ( )

LICENSE #

(State of Minnesota)

Certificate of Acknowledgement Must Be Completed and Properly Notarized

(See page D10 of Form)

BID FORM

MPHA Contract #PH15rei,~

CERTIFICATE OF ACKNOWLEDGEMENT OF CORPORATION

STATE OF

COUNTY OF ~ ) ss On this day of 20

before me, a Notary Public for the county, personally appeared and

to me personally known, who, being by me duly sworn, did say that

they are respectively the and the ~ of

,the corporation named in the foregoing

instrument. The seal affixed to the instrument is the corporate seal of the corporation, and that the

instrument was signed and sealed in behalf of the corporation by authority of its Board of

and the acknowledges the instrument to be the free

act and deed of the corporation.

My Commission Expires

STATE OF

Notary Public

County of

CERTIFICATE OF ACKNOWLEDGEMENT BY PARTNERSHIP

COUNTY OF ) ss On this day of

before me, a Notary Public for the county, personally appeared and

to me personally known to be

all of the Partners doing business under the Partnership name of

,who, being by me duly sworn, who

executed the foregoing instrument and acknowledge that the seal affixed to the instrument is the seal

of the partnership, and that the instrument was signed and~sealed in behalf of the partnership and the

partners acknowledge the instrument to the free act and deed of the partnership.

My Commission Expires

STATE OF

COUNTY OF

Notary Public

County of

CERTIFICATE OF ACKNOWLEDGEMENT BY INDIVIDUAL

'ss On this day of

before me, a Notary Public for the county, personally appeared , to me

known to be the person described in and who

executed the foregoing instrument and acknowledges to me that he/she executed the same as his/her

own free act and deed.

My Commission .Expires Notary Public

County of

General Conditions for Construction U.S. Department of Housing and UrbanDevelopment

Contracts -Public Housing Programs Office of Public and Indian HousingOMB Approval No. 2577-0157 (exp. 1/31/2017)

Applicability. This form is applicable to any

construction/development contract greater than $100,000.

This form includes those clauses required by OMB's common rule on grantee procurement, implemented at HUD in 24 CFR 85.36, andthose requirements set forth in Section 3 of the Housing and Urban Development Act of 1968 and its amendment by the Housing andCommunity Development Act of 1992, implemented by HUD at 24 CFR Part 135. The form is required for construction contractsawarded by Public Housing Agencies (PHAs).The form is used by Housing Authorities in solicitations to provide necessary contract clauses. If the form were not used, HAs would beunable to enforce their contracts.Public reporting burden for this collection of information is estimated to average 1.0 hours per response, including the time for reviewinginstructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collectionof information. Responses to the collection of information are required to obtain a benefit or to retain a benefit.The information requested does not lend itself to confidentiality.HUD may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a currentlyvalid OMB number.

Clause ~ Clause ~

1. Definitions 2 ~ - •

Contract Period2. Contractor's Res onsibilit for Work 2 25, 9

3. ArchitecPs Duties, Responsibilities and Authority 2 26. Order of Precedence 9

4. Other Contracts 3 27. Pa ments 9~ ~ - _ ~ 28. Contract Modifications '10

5. Preconstruction Conference and Notice to Proceed 3 29. Chan es 10

6. Construction Pro ress Schedule 3 30. Sus ension of Work 11

7. Site Investi ation and Conditions Affectin the Work 3 31. Dis utes 11

8. Differin Site Conditions 4 32. Default 11

9. S ecifications and Drawin s for Construction 4 33. Li uidated 12

10. As-Built Drawin s 5 34. Termination of Convenience 12

11. Material and Workmanshi 5 35. Assi nment of Contract 12

12. Permits and Codes 5 36. Insurance 12

13. Health, Safet ,and Accident Prevention 6 37. Subcontracts 13

'K► Temporary Buildings and Transportation Materials e ~ Subcontracting with Small and Minority Firms, Women'sBusiness Enter rise, andLabor Sur lus Area Firms

'~

15. Availabilit and Use of Utilit Services 6 39. E ual Em to ment O ortunit 13

'►~ Protection of Existing Vegetation, Structures, Equipment,Utilities, and Improvements 6

~ Employment, Training, and Contracting Opportunitiesfor Low-Income Persons, Section 3 of the Housing andUrban Development Act of 1968

'~+

17. Tem ora Buildin sand Trans ortation Materials 7 41. Interest of Members of Con Tess 15its c;iean Hir and vvater i ~= Interest of Members, Officers, or Employees and

Former Members, Officers, or Employeesb

19. Ener Efficienc 7 43. Limitations on Pa ments Made to Influence 15

20. Ins ection and Acce lance of Construction 7 44. Ro allies and Patents 15

21. Use and Possession Prior to Com letion 8 45. Examination and Retention of Contractor's Records 15

22. Warranty of Title 8 46. Labor Standards-Davis-Bacon and Related Acts 15

23. Warrant of Construction 8 47. Non-Federal Prevailin Wa e Rates 19

24. Prohibition Against Liens 9 48. Procurement of Recovered Materials 19

Previous editions are obsolete Page 1 of 19 form HL1D-5370 (1/2014)

Replaces form HUD-5370-A

1. Definitions

(a) "Architect' means the person or other entity engaged by

the PHA to perform architectural, engineering, design,

and other services related to the work as provided for in

the contract. When a PHA uses an engineer to actin this

capacity, the terms "architect" and "engineer' shall be

synonymous. The Architect shall serve as a technical

representative of the Contracting Officer. The Architects

authority is as set forth elsewhere in this contract.

(b) "Contract' means the contract entered into between the

PHA and the Contractor. It includes the forms of Bid, the

Bid Bond, the Performance and Payment Bond or Bonds

or other assurance of completion, the Certifications,

Representations, and Other Statements of Bidders (form

HUD-5370), these General Conditions of the Contract for

Construction (form HUD-5370), the applicable wage rate

determinations from the U.S. Department of Labor, any

special conditions included elsewhere in the contract, the

specifications, and drawings. It includes all formalchanges to any of those documents by addendum,

change order, or other modification.(c) "Contracting Officer" means the person delegated the au-

thority by the PHA to enter into, administer, and/orterminate this contract and designated as such in writing

to the Contractor. The term includes any successor

Contracting Officer and any duly authorized

representative of the Contracting Officer also designated

in writing. The Contracting O~cer shall be deemed the

authorized agent of the PHA in all dealings with the

Contractor.(d) "Contractor" means the person or other entity entering

into the contract with the PHA to perform all of the work

required under the contract.(e) "Drawings" means the drawings enumerated in the

schedule of drawings contained in the Specifications and

as described in the contract clause entitled Specifications

and Drawings for Construction herein.(~ "HUD" means the United States of America acting through

the Department of Housing and Urban Developmentincluding the Secretary, or any other person designated to

act on its behalf. HUD has agreed, subject to the

provisions of an Annual Contributions Contract (ACC), to

provide financial assistance to the PHA, which includes

assistance in financing the work to be performed under

this contract. As defined elsewhere in these GeneralConditions or the contract documents, the determination

of HUD may be required to authorize changes in the work

or for release of funds to the PHA for payment to the

Contractor. Notwithstanding HUD's role, nothing in this

contract shall be construed to create any contractual

relationship between the Contractor and HUD.

(g) "Project' means the entire project, whether constructionor rehabilitation, the work for which is provided for in

whole or in part under this contract.(h) "PHA" means the Public Housing Agency organized

under applicable state laws which is a party to this

contract.Q) "Specifications" means the written description of the

technical requirements for construction and includes the

criteria and tests for determining whether therequirements are met.

(I) "Work" means materials, workmanship, and manufacture

and fabrication of components.

2. Contractor's Responsibility for Work

(a)1'he Contractor shall furnish ail necessary labor,materials, tools, equipment, and transportation necessary

for performance of the work. The Contractor shall also

furnish all necessary water, heat, light, and power not

made available to the Contractor by the PHA pursuant to

the clause entitled Availability and Use of Utility Services

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

organization, work equivalent to at least [ ] (12 percent

unless otherwise indicated) of the total amount of work to

be performed under the order. This percentage may bereduced by a supplemental agreement to this order if,

during performing the work, the Contractor requests areduction and the Contracting Officer determines that the

reduction would be to the advantage of the PHA.

(c) At all times during performance of this contract and untilthe work is completed and accepted, the Contractor shall

directly superintend the work or assign and have on the

work site a competent superintendent who is satisfactoryto the Contracting Officer and has authority to act for the

Contractor.(d) The Contractor shall be responsible for all damages to

persons or property that occur as a result of theContractor's fault or negligence, and shall take proper

safety and health precautions to protect the work, theworkers, the public, and the property of others. The

Contractor shall hold and save the PHA, its officers andagents, free and harmless from liability of any nature

occasioned by the Contractor's performance. The

Contractor shall also be responsible for all materials

delivered and work performed until completion and

acceptance of the entire work, except for any completed

unit of work which may have been accepted under thecontrail.

(e) The Contractor shall lay out the work from base lines and

bench marks indicated on the drawings and beresponsible for all lines, levels, and measurements of all

work executed under the contract. The Contractor shall

verify the figures before laying out the work and will beheld responsible for any error resulting from its failure to

do so.(~ The Contractor shall confine all operations (including

storage of materials) on PHA premises to areasauthorized or approved by the Contracting O~cer.

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

including storage areas, free from accumulations of

waste materials. After completing the work and before

final inspection, the Contractor shall (1) remove from the

premises all scaffolding, equipment, tools, and materials

(including rejected materials) that are not the property of

the PHA and all rubbish caused by its work; (2) leave the

work area in a clean, neat, and orderly conditionsatisfactory to the Contracting O~cer; (3) perform all

specified tests; and, (4) deliver the installation incomplete and operating condition.

(h) The Contractors responsibility will terminate when all

work has been completed, the final inspection made, and

the work accepted by the Contracting Officer. The

Contractor will then be released from further obligationexcept as required by the warranties specified elsewhere

in the contract.

3. Architect's Duties, Responsibilities, and Authority

(a) The Architect for this contract, and any successor, shall

be designated in writing by the Contracting Officer.

Previous editions are obsolete Page 2 of 19 form HUD-5370 (1/2014)

Replaces form HUD-5370-A

(b) The Architect shall serve as the Contracting Officer'stechnical representative with respect to architectural,engineering, and design matters related to the workperformed under the contract. The Architect may providedirection on contract performance. Such direction shall bewithin the scope of the contract and may not be of anature which: (1) institutes additional work outside thescope of the contract; (2) constitutes a change as definedin the Changes clause herein; (3) causes an increase ordecrease in the cost of the contract; (4) alters theConstruction Progress Schedule; or (5) changes any ofthe other express terms or conditions of the contract.

(c) The Architects duties and responsibilities may include butshall not be limited to:(1) Making periodic visits to the work site, and on the

basis of his/her on-site inspections, issuing writtenreports to the PHA which shall include all observeddeficiencies. The Architect shall file a copy of thereport with the Contractor's designated representativeat the site;

(2) Making modifications in drawings and technicalspecifications and assisting the Contracting Officer inthe preparation of change orders and other contractmodifications for issuance by the Contracting Officer;

(3) Reviewing and making recommendations with respectto - (i) the Contractor's construction progressschedules; (ii) the Contractors shop and detaileddrawings; (iii) the machinery, mechanical and otherequipment and materials or other articles proposedfor use by the Contractor; and, (iv) the Contractor'sprice breakdown and progress payment estimates;~,

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

4.Other Contracts

The PHA may undertake or award other contracts foradditional work at or near the site of the work under thiscontract. The Contractor shall fully cooperate with theother contractors and with PHA employees and shallcarefully adapt scheduling and performing the work underthis contract to accommodate the additional work, heedingany direction that may be provided by the ContractingOfficer. The Contractor shall not commit or permit any actthat will interfere with the performance of work by anyother contractor or by PHA employees

;~~~Construction~Reguirements=

5. Pre-construction Conference and Notice to Proceed

(a) Within ten calendar days of contract execution, and priorto the commencement of work, the Contractor shallattend a preconstruction conference with representativesof the PHA, its Architect, and other interested partiesconvened by the PHA. The conference will serve toacquaint the participants with the general plan of theconstruction operation and all other requirements of thecontract. The PHA will provide the Contractor with thedate, time, and place of the conference.

(b) The contractor shall begin work upon receipt of a writtenNotice to Proceed from the Contracting Officer ordesignee. The Contractor shall not begin work prior toreceiving such notice.

6. Construction Progress Schedule

(a) The Contractor shall, within five days after the workcommences on the contract or another period of timedetermined by the Contracting Officer, prepare andsubmit to the Contracting Officer for approval three copiesof a practicable schedule showing the order in which theContractor proposes to perform the work, and the dateson which the Contractor contemplates starting andcompleting the several salient features of the work(including acquiring labor, materials, and equipment). Theschedule shall be in the form of a progress chart ofsuitable scale to indicate appropriately the percentage ofwork scheduled for completion by any given date duringthe period. If the Contractor fails to submit a schedulewithin the time prescribed, the Contracting Officer maywithhold approval of progress payments or take otherremedies under the contract until the Contractor submitsthe required schedule.

(b) The Contractor shall enter the actual progress on thechart as required by the Contracting Officer, andimmediately deliver three copies of the annotatedschedule to the Contracting Officer. If the ContractingOfficer determines, upon the basis of inspectionconducted pursuant to the clause entitled Inspection andAcceptance of Construction, herein that the Contractor isnot meeting the approved schedule, the Contractor shalltake steps necessary to improve its progress, includingthose that may be required by the Contracting Officer,without additional cost to the PHA. In this circumstance,the Contracting Officer may require the Contractor toincrease the number of shifts, overtime operations, daysof work, and/or the amount of construction plant, and tosubmit for approval any supplementary schedule orschedules in chart form as the Contracting Officer deemsnecessary to demonstrate how the approved rate ofprogress will be regained.

(c) Failure of the Contractor to comply with the requirementsof the Contracting Officer under this clause shall begrounds for a determination by the Contracting Officer thatthe Contractor is not prosecuting the work with sufficientdiligence to ensure completion within the timespecified in the Contract. Upon making thisdetermination, the Contracting Officer may terminate theContractor's right to proceed with the work, or anyseparable part of it, in accordance with the Default clauseof this contract.

7. Site Investigation and Conditions Affecting the Work

(a) The Contractor acknowledges that it has taken stepsreasonably necessary to ascertain the nature and locationof the work, and that it has investigated and satisfied itselfas to the general and local conditions which can affect thework or its cost, including but not limited to, (1) conditionsbearing upon transportation, disposal, handling, andstorage of materials; (2) the availability of labor, water,electric power, and roads;(3) uncertainties of weather,river stages, tides, or similar physical conditions at thesite; (4) the conformation and conditions of the ground;and (5) the character of equipment and facilities neededpreliminary to and during work performance, TheContractor also acknowledges that it has satisfied itself asto the character, quality, and quantity of surface andsubsurface materials or obstacles to be encounteredinsofar as this information is

Previous editions are obsolete Page 3 of 19 form HUD-5370 (1/2014)Replaces form HUD-5370-A

reasonably ascertainable from an inspection of the site,including all exploratory work done by the PHA, as wellas from the drawings and specifications made a part ofthis contract. Any failure of the contractor to take theactions described and acknowledged in this paragraphwill not relieve the Contractor from responsibility forestimating properly the difficulty and cost of successfullyperforming the work, or for proceeding to successfullyperform the work without additional expense to the PHA.

(b) The PHA assumes no responsibility for any conclusions

or interpretations made by the Contractor based on theinformation made available by the PHA. Nor does thePHA assume responsibility for any understandingreached or representation made concerning conditions

which can affect the work by any of its officers or agentsbefore the execution of this contract, unless thatunderstanding or representation is expressly stated inthis contract.

8. Differing Site Conditions

(a) The Contractor shall promptly, and before the conditionsare disturbed, give a written notice to the ContractingOfficer of (1) subsurface or latent physical conditions atthe site which differ materially from those indicated in thiscontract, or (2) unknown physical conditions at thesite(s), of an unusual nature, which differ materially fromthose ordinarily encountered and generally recognized asinhering in work of the character provided for in thecontract.

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

or decrease in the Contractor's cost of, or the timerequired for, performing any part of the work under thiscontract, whether or not changed as a result of theconditions, the Contractor shall file a claim in writing tothe PHA within ten days after receipt of such instructionsand, in any event, before proceeding with the work. Anequitable adjustment in the contract price, the deliveryschedule, or both shall be made under this clause andthe contract modified in writing accordingly.

(c) No request by the Contractor for an equitable adjustmentto the contract under this clause shall be allowed, unlessthe Contractor has given the written notice required;provided, that the time prescribed in (a) above for givingwritten notice may be extended by the ContractingOfficer.

(d) No request by the Contractor for an equitable adjustmentto the contract for differing site conditions shall beallowed if made after final payment under this contract.

9. Specifications and Drawings for Construction

(a) The Contractor shall keep on the work site a copy of thedrawings and specifications and shall at all times give theContracting Officer access thereto. Anything mentionedin the specifications and not shown on the drawings, orshown on the drawings and not mentioned in thespecifications, shall be of like effect as if shown ormentioned in both. In case of difference betweendrawings and specifications, the specifications shallgovern. In case of discrepancy in the figures, in thedrawings, or in the specifications, the matter shall be

promptly submitted to the Contracting Officer, who shallpromptly make a determination in writing. Any adjustmentby the Contractor without such a determination shall be atits own risk and expense. The Contracting Otficer shallfurnish from time to time such detailed drawings and otherinformation as considered necessary, unlessotherwise provided.

(b) Wherever in the specifications or upon the drawings thewords "directed", "required", "ordered", "designated","prescribed", or words of like import are used, it shall be

understood that the "direction", "requirement', "order","designation", or "prescription", of the Contracting Officeris intended and similarly the words "approved","acceptable", "satisfactory', or words of like import shall

mean "approved b~', or "acceptable to"° Ur=Satisfactory

to" the Contracting Officer, unless otherwise expresslystated.

(c) Where "shown" "indicated", "detailed", or wordsof similar import are used, it shall be understood that thereference is made to the drawings accompanying thiscontract unless stated otherwise. The word "provided" asused herein shall be understood to mean "providecomplete in place" that is "furnished and installed".

(d) "Shop drawings" means drawings, submitted to the PHAby the Contractor, subcontractor, or any lower tiersubcontractor, showing in detail (1) the proposedfabrication and assembly of structural elements and (2)the installation (i.e., form, fit, and attachment details) ofmaterials of equipment. It includes drawings, diagrams,layouts, schematics, descriptive literature, illustrations,schedules, performance and test data, and similarmaterials furnished by the Contractor to explain in detailspecific portions of the work required by the contract. ThePHA may duplicate, use, and disclose in any manner andfor any purpose shop drawings delivered under thiscontract

(e) If this contract requires shop drawings, the Contractorshall coordinate all such drawings, and review them foraccuracy, completeness, and compliance with othercontract requirements and shall indicate its approvalthereon as evidence of such coordination and review.Shop drawings submitted to the Contracting Officerwithout evidence of the Contractor's approval may bereturned for resubmission. The Contracting Officer willindicate an approval or disapproval of the shop drawingsand if not approved as submitted shall indicate the PHA'sreasons therefore. Any work done before such approvalshall be at the Contractor's risk. Approval by theContracting Officer shall not relieve the Contractor fromresponsibility for any errors or omissions in suchdrawings, nor from responsibility for complying with therequirements of this contract, except with respect tovariations described and approved in accordance with (~belay.

(~ If shop drawings show variations from the contractrequirements, the Contractor shall describe suchvariations in writing, separate from the drawings, at thetime of submission. If the Architect approves any suchvariation and the Contracting Officer concurs, theContracting Officer shall issue an appropriatemodification to the contract, except that, if the variation isminor or does not involve a change in price or in time ofperformance, a modification need not be issued.

(g) It shall be the responsibility of the Contractor to maketimely requests of the PHA for such large scale and fullsize drawings, color schemes, and other additionalinformation, not already in his possession, which shall be

Previous editions are obsolete Page 4 of 19 form HUD-5370 (1/2014)

Replaces form HUD-5370-A

required in the planning and production of the work. Suchrequests may be submitted as the need arises, but eachsuch request shall be filed in ample time to permit 'appropriate action to be taken by all parties involved soas to avoid delay.

(h) The Contractor shall submit to the Contracting Officer forapproval four copies (unless otherwise indicated) of allshop drawings as called for under the various headingsof these specifications. Three sets (unless otherwiseindicated) of all shop drawings, will be retained by thePHA and one set will be returned to the Contractor. Asrequired by the Contracting Officer, the Contractor, uponcompleting the work under this contract, shall furnish acomplete set of all shop drawings as finally approved.These drawings shall show all changes and revisionsmade up to the time the work is completed and accepted.

(i) This clause shall be included in all subcontracts at any tier.It shall be the responsibility of the Contractor to ensurethat all shop drawings prepared by subcontractors aresubmitted to the Contracting Officer.

10. As-Built Drawings

(a) "As-built drawings," as used in this clause, meansdrawings submitted by the Contractor or subcontractor atany tier to show the construction of a particular structureor work as actually completed under the contract. "As-builtdrawings" shall be synonymous with "Recorddrawings."

(b) As required by the Contracting Officer, the Contractorshall provide the Contracting Officer accurate informationto be used in the preparation of permanent as-builtdrawings. For this purpose, the Contractor shall record onone set of contract drawings all changes from theinstallations originally indicated, and record final locationsof underground lines by depth from finish grade and byaccurate horizontal offset distances to permanent surfaceimprovements such as buildings, curbs, or edges ofwalks.

(c) This clause shall be included in all subcontracts at anytier. It shall be the responsibility of the Contractor toensure that all as-built drawings prepared bysubcontractors are submitted to the Contracting Officer.

11. Material and Workmanship

(a) All equipment, material, and articles furnished under thiscontract shall be new and of the most suitable grade forthe purpose intended, unless otherwise specificallyprovided in this contract. References in the contract toequipment, material, articles, or patented processes bytrade name, make, or catalog number, shall be regardedas establishing a standard of quality and shall not beconstrued as limiting competition. The Contractor may, atits option, use any equipment, material, article, orprocess that, in the judgment of, and as approved by theContracting Officer, is equal to that named in thespecifications, unless otherwise specifically provided inthis contract.

(b) Approval of equipment and materials.(1) The Contractor shall obtain the Contracting Officer's

approval of the machinery and mechanical and otherequipment to be incorporated into the work. Whenrequesting approval, the Contractor shall furnish to theContracting Officer the name of the manufacturer, themodel number, and other information concerning theperformance, capacity, nature, and rating of the

machinery and mechanical and other equipment.When required by this contract or by the ContractingOfficer, the Contractor shall also obtain theContracting Officer's approval of the material orarticles which the Contractor contemplates .incorporating into the work. When requestingapproval, the Contractor shall provide full informationconcerning the material or articles. Machinery,equipment, material, and articles that do not have therequired approval shall be installed or used at the riskof subsequent rejection.

(2) When required by the specifications or theContracting Officer, the Contractor shall submitappropriately marked samples (and certificatesrelated to them) for approval at the Contractorsexpense, with all shipping charges prepaid. TheContractor shall label, or otherwise properly mark onthe container, the material or product represented, itsplace of origin, the name of the producer, theContractor's name, and the identification of theconstruction project for which the material or productis intended to be used.

(3) Certificates shall be submitted in triplicate, describingeach sample submitted for approval and certifyingthat the material, equipment or accessory complieswith contract requirements. The certificates shallinclude the name and brand of the product, name ofmanufacturer, and the location where produced.

(4) Approval of a sample shall not constitute a waiver ofthe PHA right to demand full compliance with contractrequirements. Materials, equipment and accessoriesmay be rejected for cause even though samples havebeen approved.

(5) Wherever materials are required to comply withrecognized standards or specifications, suchspecifications shall be accepted as establishing thetechnical qualities and testing methods, but shall notgovern the number of tests required to be made normodify other contract requirements. The ContractingOfficer may require laboratory test reports on itemssubmitted for approval or may approve materials onthe basis of data submitted in certificates withsamples. Check tests will be made on materialsdelivered for use only as frequently as the ContractingOfficer determines necessary to insure compliance ofmaterials with the specifications. The Contractor willassume all costs of retesting materials which fail tomeet contract requirements and/or testing materialsoffered in substitution for those found deficient.

(6) After approval, samples will be kept in the Projectoffice until completion of work. They may be built intothe work after a substantial quantity of the materialsthey represent has been built in and accepted.

(c) Requirements concerning lead-based paint. TheContractor shall comply with the requirements concerninglead-based paint contained in the Lead-Based PaintPoisoning Prevention Act (42 U.S.C. 4821-4846) asimplemented by 24 CFR Part 35.

12. Permits and Codes

(a) The Contractor shall give all notices and comply with allapplicable laws, ordinances, codes, rules and regulations.Notwithstanding the requirement of the Contractor tocomply with the drawings and specifications in thecontract, all work installed shall comply with all applicablecodes and regulations as amended by any

Previous editions are obsolete Page 5 of 19 form HUD-5370 (1/2014)

Replaces form HUD-5370-A

waivers. Before installing the work, the Contractor shallexamine the drawings and the specifications forcompliance with applicable codes and regulationsbearing on the work and shall immediately report anydiscrepancy it may discover to the Contracting Officer.Where the requirements of the drawings andspecifications fail to comply with the applicable code orregulation, the Contracting Officer shall modify thecontract by change order pursuant to the clause entitledChanges herein to conform to the code or regulation.

(b) The Contractor shall secure and pay for all permits, fees,

and licenses necessary for the proper execution andcompletion of the work. Where the PHA can arrange forthe issuance of all or part of these permits, fees andlicenses, without cost to the Contractor, the contractamount shall be reduced accordingly.

13. Health, Safety, and Accident Prevention

(a) In performing this contract, the Contractor shall:(1) Ensure that no laborer or mechanic shall be required

to work in surroundings or under working conditionswhich are unsanitary, hazardous, or dangerous tohis/her health and/or safety as determined underconstruction safety and health standards promulgatedby the Secretary of Labor by regulation;

(2) Protect the lives, health, and safety of other persons;(3) Prevent damage to property, materials, supplies, and

equipment; and,(4) Avoid work interruptions.

(b) For these purposes, the Contractor shall:(1) Comply with regulations and standards issued by the

Secretary of Labor at 29 CFR Part 1926. Failure tocomply may result in imposition of sanctions pursuantto the Contract Work Hours and Safety Standards Act(Public Law 91-54, 83 Stat. 96), 40 U.S.C. 3701 etseq.; and

(2) Include the terms of this clause in every subcontractso that such terms will be binding on eachsubcontractor.

(c) The Contractor shall maintain an accurate record ofexposure data on all accidents incident to work performedunder this contract resulting in death, traumatic injury,occupational disease, or damage to property, materials,supplies, or equipment, and shall report this data in themanner prescribed by 29 CFR Part19D4.

(d) The Contracting Officer shall notify the Contractor of anynoncompliance with these requirements and of thecorrective action required. This notice, when delivered tothe Contractor or the Contractor's representative at thesite of the work, shall be deemed sufficient notice of thenoncompliance and corrective action required. Afterreceiving the notice, the Contractor shall immediatelytake corrective action. If the Contractor fails or refuses to

take corrective action promptly, the Contracting Officermay issue an order stopping all or part of the work untilsatisfactory corrective action has been taken. TheContractor shall not base any claim or request forequitable adjustment for additional time or money on anystop order issued under these circumstances.

(e) The Contractor shall be responsible for its subcontractors'

compliance with the provisions of this clause. TheContractor shall take such action with respect to anysubcontract as the PHA, the Secretary of Housing andUrban Development, or the Secretary of Labor shalldirect as a means of enforcing such provisions.

14. Temporary Heating

The Contractor shall provide and pay for temporaryheating, covering, and enclosures necessary to properlyprotect all work and materials against damage bydampness and cold, to dry out the work, and to facilitatethe completion of the work. Any permanent heatingequipment used shall be turned over to the PHA in thecondition and at the time required by the specifications.

15. Availability and Use of Utility Services

(a) The PHA shall make ail reasonably required amounts ofutilities available to the Contractor from existing outletsand supplies, as specified in the contract. Unlessotherwise provided in the contract, the amount of eachutility service consumed shall be charged to or paid for bythe Contractor at prevailing rates charged to the PHA or,where the utility is produced by the PHA, at reasonablerates determined by the Contracting Officer. TheContractor shall carefully conserve any utilities furnishedwithout charge.

(b) The Contractor, at its expense and in a mannersatisfactory to the Contracting Officer, shall install andmaintain all necessary temporary connections anddistribution lines, and all meters required to measure theamount of each utility used for the purpose ofdetermining charges. Before final acceptance of the workby the PHA, the Contractor shall remove ail thetemporary connections, distribution lines, meters, andassociated paraphernalia.

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

(a)'The Contractor shall preserve and protect all structures,equipment, and vegetation (such as trees, shrubs, andgrass) on or adjacent to the work site, which are not to beremoved under this contract, and which do notunreasonably interfere with the work required under thiscontract

(b) The Contractor shall only remove trees when specificallyauthorized to do so, and shall avoid damaging vegetationthat will remain in place. If any limbs or branches of treesare broken during performance of this contract, or by thecareless operation of equipment, or by workmen, theContractor shall trim those limbs or branches, with a clean

cut and paint the cut with atree-pruning compound asdirected by the Contracting Officer.

(c) The Contractor shall protect from damage ail existingimprovements and utilities (1) at or near the work site and(2) on adjacent property of a third party, the locations ofwhich are made known to or should be known by theContractor. Prior to disturbing the ground at theconstruction site, the Contractor shall ensure that allunderground utility lines are clearly marked.

(d) The Contractor shall shore up, brace, underpin, secure,and protect as necessary all foundations and other parts

of existing structures adjacent to, adjoining, and in thevicinity of the site, which may be affected by theexcavations or other operations connected with theconstruction of the project.

(e) Any equipment temporarily removed as a result of workunder this contract shall be protected, cleaned, andreplaced in the same condition as at the time of award ofthis contract.

Previous editions are obsolete Page 6 of 19 form HLTD-5370 (1/2014)

Replaces form HUD-5370-A

(~ New work which connects to existing work shallcorrespond in all respects with that to which it connectsand/or be similar to existing work unless otherwiserequired by the specifications.

(g) No structural members shall be altered or in any wayweakened without the written authorization of theContracting Officer, unless such work is clearly specifiedin the plans or specifications.

(h) If the removal of the existing work exposes discolored orunfinished surfaces, or work out of alignment, suchsurfaces shall be refinished, or the material replaced asnecessary to make the continuous work uniform andharmonious. This, however, shall not be construed torequire the refinishing or reconstruction of dissimilarfinishes previously exposed, or finished surfaces in goodcondition, but in different planes or on different levelswhen brought together by the removal of interveningwork, unless such refinishing or reconstruction isspecified in the plans or specifications.

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

Q) The Contractor shall indemnify and save harmless thePHA from any damages on account of settlement or theloss of lateral support of adjoining property, any damagesfrom changes in topography affecting drainage, and fromall loss or expense and all damages for which the PHAmay become liable in consequence of such injury ordamage to adjoining and adjacent structures and theirpremises.

(k) The Contractor shall repair any damage to vegetation,structures, equipment, utilities, or improvements,including those that are the property of a third party,resulting from failure to comply with the requirements ofthis contract or failure to exercise reasonable care inperforming the work. If the Contractor fails or refuses torepair the damage promptly, the Contracting O~cer mayhave the necessary work performed and charge the costto the Contractor.

17. Temporary Buildings and Transportation of Materials

(a) Temporary buildings (e.g., storage sheds, shops, offices,sanitary facilities) and utilities may be erected by theContractor only with the approval of the ContractingOfficer and shall be built with labor and materialsfurnished by the Contractor without expense to the PHA.The temporary buildings and utilities shall remain theproperty of the Contractor and shall be removed by theContractor at its expense upon completion of the work.With the written consent of the Contracting O~cer, thebuildings and utilities may be abandoned and need notbe removed.

(b) The Contractor shall, as directed by the ContractingOfficer, use only established roadways, or use temporaryroadways constructed by the Contractor when and asauthorized by the Contracting Officer. When materials aretransported in prosecuting the work, vehicles shall not beloaded beyond the loading capacity recommended by themanufacturer of the vehicle or prescribed by any federal,state, or local law or regulation. When it is necessary tocross curbs or sidewalks, the Contractor shall protect themfrom damage. The Contractor shall repair or pay for therepair of any damaged curbs, sidewalks, or roads.

18. Clean Air and Water

The contactor shall comply with the Clean Air Act, asamended, 42 USC 7401 et seq., the Federal WaterPollution Control Water Act, as amended, 33 U.S.C. 1251et seq., and standards issued pursuant thereto in thefacilities in which this contract is to be performed.

19. Energy Efficiency

The Contractor shall comply with mandatory standardsand policies relating to energy efficiency which arecontained in the energy conservation plan issued incompliance with the Energy Policy and Conservation Act(Pub. L. 94-163) for the State in which the work under thecontract is performed.

20. Inspection and Acceptance of Construction

(a) Definitions. As used in this clause -(1) "Acceptance" means the act of an authorizedrepresentative of the PHA by which the PHA approvesand assumes ownership of the work performed under thiscontract. Acceptance may be partial or complete.

(2) "Inspection" means examining and testing the workperformed under the contract (including, whenappropriate, raw materials, equipment, components, andintermediate assemblies) to determine whether itconforms to contract requirements.(3) "Testing" means that element of inspection thatdetermines the properties or elements, includingfunctional operation of materials, equipment, or theircomponents, by the application of established scientificprinciples and procedures.

(b) The Contractor shall maintain an adequate inspectionsystem and perform such inspections as will ensure thatthe work performed under the contract conforms tocontract requirements. All work is subject to PHAinspection and test at all places and at all reasonabletimes before acceptance to ensure strict compliance withthe terms of the contract.

(c) PHA inspections and tests are for the sole benefit of thePHA and do not: (1) relieve the Contractor ofresponsibility for providing adequate quality controlmeasures; (2) relieve the Contractor of responsibility forloss or damage of the material before acceptance; (3)constitute or imply acceptance; or, (4) affect thecontinuing rights of the PHA after acceptance of thecompleted work under paragraph (j) below,

(d) The presence or absence of the PHA inspector does notrelieve the Contractor from any contract requirement, noris the inspector authorized to change any term orcondition of the specifications without the ContractingOfficers written authorization. All instructions andapprovals with respect to the work shall be given to theContractor by the Contracting Officer,

(e) The Contractor shall promptly furnish, without additionalcharge, all facilities, labor, and material reasonablyneeded for performing such safe and convenientinspections and tests as may be required by theContracting Officer. The PHA may charge to theContractor any additional cost of inspection or test whenwork is not ready at the time specified by the Contractorfor inspection or test, or when prior rejection makesreinspection or retest necessary. The PHA shall performall inspections and tests in a manner that will notunnecessarily delay the work. Special, full size, andpertormance tests shall be performed as described in thecontract.

Previous editions are obsolete Page 7 of 19 form HUD-5370 (1/2014)Replaces form HUD-5370-A

(fl The PHA may conduct routine inspections of theconstruction site on a daily basis.

(g) The Contractor shall, without charge, replace or correctwork found by the PHA not to conform to contractrequirements, unless the PHA decides that it is in itsinterest to accept the work with an appropriateadjustment in contract price. The Contractor shallpromptly segregate and remove rejected material fromthe premises.

(h) If the Contractor does not promptly replace or correctrejected work, the PHA may (1) by contract or otherwise,replace or correct the work and charge the cost to theContractor, or (2) terminate for default the Contractors

right to proceed.(i) If any work requiring inspection is covered up without ap-

proval of the PHA, it must, if requested by the ContractingOfficer, be uncovered at the expense of the Contractor. Ifat any time before final acceptance of the entire work, thePHA considers it necessary or advisable, to examinework already completed by removing or tearing it out, theContractor, shall on request, promptly furnish allnecessary facilities, labor, and material. If such work isfound to be defective or nonconforming in any materialrespect due to the fault of the Contractor or itssubcontractors, the Contractor shall defray all theexpenses of the examination and of satisfactoryreconstruction. If, however, such work is found to meetthe requirements of the contract, the Contracting Officershall make an equitable adjustment to cover the cost ofthe examination and reconstruction, including, ifcompletion of the work was thereby delayed, anextension of time.

Q) The Contractor shall notify the Contracting Officer, inwriting, as to the date when in its opinion all or adesignated portion of the work will be substantiallycompleted and ready for inspection. If the Architectdetermines that the state of preparedness is asrepresented, the PHA will promptly arrange for theinspection. Unless otherwise specified in the contract, thePHA shall accept, as soon as practicable after completionand inspection, all work required by the contract or thatportion of the work the Contracting Officer determines anddesignates can be accepted separately. Acceptance shallbe final and conclusive except for latent defects, fraud,gross mistakes amounting to fraud, or the PHA's rightunder any warranty or guarantee.

21. Use and Possession Prior to Completion

(a) The PHA shall have the right to take possession of or useany completed or partially completed part of the work.Before taking possession of or using any work, theContracting Officer shall furnish the Contractor a list ofitems of work remaining to be performed or corrected onthose portions of the work that the PHA intends to takepossession of or use, However, failure of the ContractingOfficer to list any item of work shall not relieve theContractor of responsibility for complying with the terms ofthe contract. The PHA's possession or use shall not bedeemed an acceptance of any work under the contract.

(b) While the PHA has such possession or use, theContractor shall be relieved of the responsibility for (1) theloss of or damage to the work resulting from the PHA'spossession or use, notwithstanding the terms of theclause entitled Permits and Codes herein; (2) allmaintenance costs on the areas occupied; and, (3)furnishing heat, light, power, and water used in the areas

occupied without proper remuneration therefore. If priorpossession or use by the PHA delays the progress of thework or causes additional expense to the Contractor, anequitable adjustment shall be made in the contract priceor the time of completion, and the contract shall bemodified in writing accordingly.

22. Warranty of Title

The Contractor warrants good title to ali materials,supplies, and equipment incorporated in the work andagrees to deliver the premises together with allimprovements thereon free from any claims, liens orcharges, and agrees further that neither it nor any otherperson, firm or corporation shall have any right to a lienupon the premises or anything appurtenant thereto.

23. Warranty of Construction

(a) In addition to any other warranties in this contract, theContractor warrants, except as provided in paragraph (j)of this clause, that work performed under this contractconforms to the contract requirements and is free of anydefect in equipment, material, or workmanship performedby the Contractor or any subcontractor or supplier at anytier. This warranty shall continue for a period of(one year unless otherwise indicated) from the date of finalacceptance of the work. If the PHA takes possession ofany part of the work before final acceptance, this warrantyshall continue for a period of (one year unless otherwiseindicated) from the date that the PHA takespossession.

(b) The Contractor shall remedy, at the Contractor'sexpense, any failure to conform, or any defect. Inaddition, the Contractor shall remedy, at the Contractor'sexpense, any damage to PHA owned or controlled real orpersonal property when the damage is the result of—(1)The Contractors failure to conform to contract require-

ments; or(2) Any defects of equipment, material, workmanship or

design furnished by the Contractor.(c) The Contractor shall restore any work damaged in

fulfilling the terms and conditions of this clause. TheContractor's warranty with respect to work repaired orreplaced will run for (one year unless otherwise indicated)from the date of repair or replacement.

(d) The Contracting Officer shall notify the Contractor, inwriting, within a reasonable time after the discovery ofany failure, defect or damage.

(e) If the Contractor fails to remedy any failure, defect, ordamage within a reasonable time after receipt of notice,the PHA shall have the right to replace, repair orotherwise remedy the failure, defect, or damage at theContractor's expense.

(~ With respect to all warranties, express or implied, fromsubcontractors, manufacturers, or suppliers for workperformed and materials furnished under this contract,the Contractor shall:(1) Obtain all warranties that would be given in normal

commercial practice;(2) Require all warranties to be executed in writing, for the

benefit of the PHA; and,(3) Enforce all warranties for the benefit of the PHA.

(g) In the event the Contractor's warranty under paragraph(a) of this clause has expired, the PHA may bring suit atits own expense to enforce a subcontractor's,manufacturer's or supplier's warranty.

Previous editions are obsolete Page 8 of 19 form HUD-5370 (1/2014)

Replaces form I-IUD-5370-A

(h) Unless a defect is caused by the negligence of theContractor or subcontractor or supplier at any tier, theContractor shall not be liable for the repair of any defect ofmaterial or design furnished by the PHA nor for the repairof any damage that results from any defect in PHAfurnished material or design.

(i) Notwithstanding any provisions herein to the contrary, theestablishment of the time periods in paragraphs (a) and(c) above relate only to the specific obligation of theContractor to correct the work, and have no relationshipto the time within which its obligation to comply with thecontract may be sought to be enforced, nor to the timewithin which proceedings may be commenced toestablish the Contractor's liability with respect to itsobligation other than specifically to correct the work.

(j) This warranty shall not limit the PHA's rights under theInspection and Acceptance of Construction clause of thiscontract with respect to latent defects, gross mistakes orfraud.

24, Prohibition Against Liens

The Contractor is prohibited from placing a lien on thePHA's property. This prohibition shall apply to allsubcontractors at any tier and all materials suppliers.

'Pdm~nist~ative Regwrem~er}ts ;

25. Contract Period

The Contractor shall complete all work required onthis contract within calendar days of theeffective date of the contract, or within the time scheduleestablished in the notice to proceed issued by theContracting Officer.

26. Order of Provisions

In the event of a conflict between these GeneralConditions and the Specifications, the GeneralConditions shall prevail. In the event of a conflict betweenthe contract and any applicable state or local law orregulation, the state or local law or regulation shallprevail; provided that such state or local law or regulationdoes not conflict with, or is less restrictive than applicablefederal law, regulation, or Executive Order. In the event ofsuch a conflict, applicable federal law, regulation, andExecutive Order shall prevail.

27. Payments

(a) The PHA shall pay the Contractor the price as provided inthis contract.

(b) The PHA shall make progress payments approximatelyevery 30 days as the work proceeds, on estimates ofwork accomplished which meets the standards of qualityestablished under the contract, as approved by theContracting Officer. The PHA may, subject to writtendetermination and approval of the Contracting Officer,make more frequent payments to contractors which arequalified small businesses.

(c) Before the first progress payment under this contract, theContractor shall furnish, in such detail as requested bythe Contracting Officer, a breakdown of the total contractprice showing the amount included therein for eachprincipal category of the work, which shall substantiatethe payment amount requested in order to provide a

basis for determining progress payments. The breakdownshall be approved by the Contracting Officer and must beacceptable to HUD. If the contract covers more than oneproject, the Contractor shall furnish a separatebreakdown for each. The values and quantities employedin making up this breakdown are for determining theamount of progress payments and shall not be construedas a basis for additions to or deductions from the contractprice, The Contractor shall prorate its overhead and profitover the construction period of the contract.

(d) The Contractor shall submit, on forms provided by thePHA, periodic estimates showing the value of the workperformed during each period based upon the approvedbreakdown of the contract price. Such estimates shall besubmitted not later than days in advance ofthe date set for payment and are subject to correction andrevision as required. The estimates must be approved bythe Contracting Officer with the concurrence of theArchitect prior to payment. If the contract covers morethan one project, the Contractor shall furnish aseparate progress payment estimate for each.

(e) Along with each request for progress payments and therequired estimates, the Contractor shall furnish thefollowing certification, or payment shall not be made:hereby certify, to the best of my knowledge and belief,that:(1) The amounts requested are only for performance in

accordance with the specifications, terms, andconditions of the contract;

(2) Payments to subcontractors and suppliers have beenmade from previous payments received under thecontract, and timely payments will be made from theproceeds of the payment covered by this certification,in accordance with subcontract agreements; and,

(3) This request for progress payments does not includeany amounts which the prime contractor intends towithhold or retain from a subcontractor or supplier inaccordance with the terms and conditions of thesubcontract.

Name:

Title:

(fl Except as otherwise provided in State law, the PHA shallretain ten (10) percent of the amount of progresspayments until completion and acceptance of all workunder the contract; except, that if upon completion of 50percent of the work, the Contracting Officer, afterconsulting with the Architect, determines that theContractor's performance and progress are satisfactory,the PHA may make the remaining payments in full for thework subsequently completed. If the Contracting Officersubsequently determines that the Contractor'sperformance and progress are unsatisfactory, the PHAshall reinstate the ten (10) percent (or other percentageas provided in State law) retainage until such time as theContracting Officer determines that performance andprogress are satisfactory,

(g) The Contracting Officer may authorize material deliveredon the site and preparatory work done to be taken intoconsideration when computing progress payments.

Previous editions aze obsolete Page 9 of 19 form HUD-5370 (1/2014)

Replaces form IILJD-5370-A

Material delivered to the Contractor at locations other thanthe site may also be taken into consideration if theContractor furnishes satisfactory evidence that (1) it hasacquired title to such material; (2) the material is properlystored in a bonded warehouse, storage yard, or similarsuitable place as may be approved by the ContractingOfficer; (3) the material is insured to cover its full value;and (4) the material will be used to perform this contract.Before any progress payment which includes deliveredmaterial is made, the Contractor shall furnish suchdocumentation as the Contracting Officer may require toassure the protection of the PHA's interest in suchmaterials. The Contractor shall remain responsible forsuch stored material notwithstanding the transfer of titleto the PHA.

(h) All material and work covered by progress paymentsmade shall, at the time of payment become the soleproperty of the PHA, but this shall not be construed as (1)relieving the Contractor from the sole responsibility for allmaterial and work upon which payments have been madeor the restoration of any damaged work; or, (2) waiving theright of the PHA to require the fulfillment of all of the termsof the contract. In the event the work of the Contractor hasbeen damaged by other contractors or persons other thanemployees of the PHA in the course of their employment,the Contractor shall restore such damaged work withoutcost to the PHA and to seek redress for its damage onlyfrom those who directlycaused it.

(i) The PHA shall make the final payment due the Contractorunder this contract after (1) completion and finalacceptance of all work; and (2) presentation of release ofall claims against the PHA arising by virtue of this contract,other than claims, in stated amounts, that the Contractorhas specifically excepted from the operation of the release.Each such exception shall embrace no more than oneclaim, the basis and scope of which shall be clearlydefined. The amounts for such excepted claims shall notbe included in the request for final payment. A release mayalso be required of the assignee if the Contractor's claim toamounts payable under this contracthas been assigned.

Q) Prior to making any payment, the Contracting Officer mayrequire the Contractor to furnish receipts or otherevidence of payment from all persons performing workand supplying material to the Contractor, if theContracting Officer determines such evidence isnecessary to substantiate claimed costs.

(k) The PHA shall not; (1) determine or adjust any claims forpayment or disputes arising there under between theContractor and its subcontractors or material suppliers;or, (2) withhold any moneys for the protection of thesubcontractors or material suppliers. The failure orrefusal of the PHA to withhold moneys from theContractor shall in nowise impair the obligations of anysurety or sureties under any bonds furnished under thiscontract.

28. Contract Modifications

(a) Only the Contracting Officer has authority to modify anyterm or condition of this contract. Any contractmodification shall be authorized in writing.

(b) The Contracting Officer may modify the contractunilaterally (1) pursuant to a specific authorization statedin a contract clause (e.g., Changes); or (2) foradministrative matters which do not change the rights or

responsibilities of the parties (e.g., change in the PHAaddress). All other contract modifications shall be in theform of supplemental agreements signed by theContractor and the Contracting Officer.

(c) When a proposed modification requires the approval ofHUD prior to its issuance (e.g., a change order thatexceeds the PHA's approved threshold), suchmodification shall not be effective until the requiredapproval is received by the PHA.

29. Changes

(a) The Contracting Officer may, at any time, without noticeto the sureties, by written order designated or indicatedto be a change order, make changes in the work withinthe general scope of the contract including changes:(1)In the specifications (including drawings and designs);(2)In the method or manner of performance of the work;(3) PHA-furnished facilities, equipment, materials,

services, or site; or,(4) Directing the acceleration in the performance of the

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

this paragraph (b), includes direction, instruction,interpretation, or determination) from the Contracting_Officer that causes a change shall be treated as achange order under this clause; provided, that theContractor gives the Contracting Officer written noticestating (1) the date, circumstances and source of theorder and (2) that the Contractor regards the order as achange order.

(c) Except as provided in this clause, no order, statement orconduct of the Contracting Officer shall be treated as achange under this clause or entitle the Contractor to anequitable adjustment.

(d) If any change under this clause causes an increase ordecrease in the Contractor's cost of, or the time requiredfor the performance of any part of the work under thiscontract, whether or not changed by any such order, theContracting Officer shall make an equitable adjustmentand modify the contract in writing. However, except for aadjustment based on defective specifications, no proposalfor any change under paragraph (b) above shall beallowed for any casts incurred more than 20 days (5 daysfor oral orders) before the Contractor gives written noticeas required. In the case of defective specifications forwhich the PHA is responsible, the equitable adjustmentshall include any increased cost reasonably incurred bythe Contractor in attempting to comply withthe defective specifications.

(e) The Contractor must assert its right to an adjustmentunder this clause within 30 days after (1) receipt of awritten change order under paragraph (a) of this clause,or (2) the furnishing of a written notice under paragraph(b) of this clause, by submitting a written statementdescribing the general nature and the amount of theproposal. If the facts justify it, the Contracting Officer mayextend the period for submission. The proposal may beincluded in the notice required under paragraph (b)above. No proposal by the Contractor for an equitableadjustment shall be allowed if asserted after finalpayment under this contract.

(fl The Contractor's written proposal for equitableadjustment shall be submitted in the form of a lump sumproposal supported with an itemized breakdown of ailincreases and decreases in the contract in at least thefollowing details:

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Replaces form HLJD-5370-A

(1) Direct Costs. Materials (list individual items, thequantity and unit cost of each, and the aggregatecost); Transportation and delivery costs associatedwith materials; Labor breakdowns by hours or unitcosts (identified with specific work to be performed);Construction equipment exclusively necessary for thechange; Costs of preparation and/ or revision to shopdrawings resulting from the change; Worker'sCompensation and Public Liability Insurance;Employment taxes under FICA and FUTA; and, BondCosts when size of change warrants revision,

(2)Indirect Costs. Indirect costs may include overhead,general and administrative expenses, and fringebenefits not normally treated as direct costs.

(3)Profit. The amount of profit shall be negotiated andmay vary according to the nature, extent, andcomplexity of the work required by the change. The

allowability of the direct and indirect costs shall bedetermined in accordance with the Contract CostPrinciples and Procedures for Commercial Firms in Part31 of the Federal Acquisition Regulation (48 CFR 1-31),as implemented by HUD Handbook 2210.18, in effect onthe date of this contract. The Contractor shall not beallowed a profit on the profit received by anysubcontractor. Equitable adjustments for deleted workshall include a credit for profit and may include a credit forindirect costs. On proposals covering both increases anddecreases in the amount of the contract, the application ofindirect costs and profit shall be on the net-change indirect costs for the Contractor or subcontractorperforming the work.

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

(h) The Contracting Officer shall act on proposals within 30days after their receipt, or notify the Contractor of thedate when -such action will be taken.

(i) Failure to reach an agreement on any proposal shall be adispute under the clause entitled Disputes herein.Nothing in this clause, however, shall excuse theContractor from proceeding with the contract as changed.

(j) Except in an emergency endangering life or property, nochange shall be made by the Contractor without a priororder from the Contracting Officer.

30. Suspension of Work

(a) The Contracting Officer may order the Contractor inwriting to suspend, delay, or interrupt all or any part of thework of this contract for the period of time that theContracting Officer determines appropriate for theconvenience of the PHA.

(b) If the performance of all or any part of the work is, for anunreasonable period of time, suspended, delayed, orinterrupted (1) by an act of the Contracting Officer in theadministration of this contract, or (2) by the ContractingO~cer's failure to act within the time specified (or within areasonable time if not specified) in this contract anadjustment shall be made for any increase in the cost ofperformance of the contract (excluding profit) necessarily,caused by such unreasonable suspension, delay, orinterruption and the contract modified in writingaccordingly.- However, no adjustment shall be madeunder this clause for any suspension, delay, orinterruption to the extent that performance would have

been so suspended, delayed, or interrupted by any othercause, including the fault or negligence of the Contractoror for which any equitable adjustment is provided for orexcluded under any other provision of this contract.

(c) A claim under this clause shall not be allowed (1) for anycosts incurred more than 20 days before the Contractorshall have notified the Contracting Officer in writing ofthe actor failure to act involved (but this requirementshall not apply as to a claim resulting from a suspensionorder); and, (2) unless the claim, in an amount stated, isasserted in writing as soon as practicable after thetermination of the suspension, delay, or interruption, butnot later than the date of final payment under thecontract.

31. Disputes

(a) "Claim," as used in this clause, means a written demandor written assertion by one of the contracting partiesseeking, as a matter of right, the payment of money in asum certain, the adjustment or interpretation of contractterms, or other relief arising under or relating to thecontract. A claim arising under the contract, unlike aclaim relating to the contract, is a claim that can beresolved under a contract clause that provides for therelief sought by the claimant. A voucher, invoice, or otherroutine request for payment that is not in dispute whensubmitted is not a claim. The submission may beconverted to a claim by complying with the requirementsof this clause, if it is disputed either as to liability oramount or is not acted upon in a reasonable time.

(b) Except for disputes arising under the clauses entitledLabor Standards -Davis Bacon and Related Acts, herein,all disputes arising under or relating to this contract,including any claims for damages for the alleged breachthereof which are not disposed of by agreement, shall beresolved under this clause.

(c) All claims by the Contractor shall be made in writing andsubmitted to the Contracting Officer for a written decision.A claim by the PHA against the Contractor shall besubject to a written decision by the Contracting Officer.

(d) The Contracting Officer shall, within 60 (unless otherwiseindicated) days after receipt of the request, decide theclaim or notify the Contractor of the date by which thedecision will be made.

(e) The Contracting Officers decision shall be final unlessthe Contractor (1) appeals in writing to a higher level inthe PHA in accordance with the PHA's policy andprocedures, (2) refers the appeal to an independentmediator or arbitrator, or (3) files suit in a court ofcompetent jurisdiction. Such appeal must be made within(30 unless otherwise indicated) days after receipt of theContracting Officers decision.

(~ The Contractor shall proceed diligently with performanceof this contract, pending final resolution of any request forrelief, claim, appeal, or action arising under or relating tothe contract, and comply with any decision of theContracting Officer.

32. Default

(a) If the Contractor refuses or fails to prosecute the work, orany separable part thereof, with the diligence that willinsure its completion within the time specified in thiscontract, or any extension thereof, or fails to completesaid work within this time, the Contracting Officer may, bywritten notice to the Contractor, terminate the right to

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proceed with the work (or separable part of the work) thathas been delayed. In this event, the PHA may take overthe work and complete it, by contract or otherwise, andmay take possession of and use any materials,equipment, and plant on the work site necessary forcompleting the work. The Contractor and its sureties shallbe liable for any damage to the PHA resulting from theContractor's refusal or failure to complete the work within

the specified time, whether or not the Contractor's right toproceed with the work is terminated. This liability includesany increased costs incurred by the PHA in completingthe work.

(b) The Contractor's right to proceed shall not be terminatedor the Contractor charged with damages under thisclause if—(1)The delay in completing the work arises from

unforeseeable causes beyond the control and withoutthe fault or negligence of the Contractor. Examples ofsuch causes include (i) acts of God, or of the publicenemy, (ii) acts of the PHA or other governmentalentity in either its sovereign or contractual capacity,(iii) acts of another contractor in the performance of acontract with the PHA, (iv) fires, (v) floods, (vi)epidemics, (vii) quarantine restrictions, (viii) strikes,(ix) freight embargoes, (x) unusually severe weather,or (xi) delays of subcontractors or suppliers at any tierarising from unforeseeable causes beyond the controland without the fault or negligence of both theContractor and the subcontractors or suppliers; and

(2) The Contractor, within days (10 days unless otherwiseindicated) from the beginning of such delay (unlessextended by the Contracting Officer) notifies theContracting Officer in writing of the causes of delay.The Contracting Officer shall ascertain the facts andthe extent of the delay. If, in the judgment of theContracting Officer, the findings of fact warrant suchaction, time for completing the work shall be extendedby written modification to the contract. The findings ofthe Contracting Officer shall be reduced to a writtendecision which shall be subject to the provisions of'the Disputes clause of this contract.

(c) If, after termination of the Contractor's right to proceed, itis determined that the Contractor was not in default, orthat the delay was excusable, the rights and obligationsof the parties will be the same as if the termination hadbeen for convenience of the PHA.

33. Liquidated Damages

(a) If the Contractor fails to complete the work within the timespecified in the contract, or any e~ension, as specified inthe clause entitled Default of this contract, the Contractorshall pay to the PHA as liquidated damages, the sum of$ Contracting Officer insert amount] foreach day of delay. If different completion dates arespecified in the contract for separate parts or stages of thework, the amount of liquidated damages shall beassessed on those parts or stages which are delayed. Tothe extent that the Contractor's delay or nonperformanceis excused under another clause in this contract,liquidated damages shall not be due the PHA. TheContractor remains liable for damages caused other thanby delay.

(b) If the PHA terminates the Contractor's right to proceed,the resulting damage will consist of liquidated damagesuntil such reasonable time as may be required for final

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

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

34. Termination for Convenience

(a) The Contracting Officer may terminate this contract inwhole, or in part, whenever the Contracting Officerdetermines that such termination is in the best interest ofthe PHA. Any such termination shall be effected bydelivery to the Contractor of a Notice of Terminationspecifying the extent to which the performance of thework under the contract is terminated, and the date uponwhich such termination becomes effective.

(b) If the performance of the work is terminated, either inwhole or in part, the PHA shall be liable to the Contractorfor reasonable and proper costs resulting from suchtermination upon the receipt by the PHA of a properlypresented claim setting out in detail: (1) the total cost ofthe work performed to date of termination less the totalamount of contract payments made to the Contractor; (2)the cost (including reasonable profit) of settling andpaying claims under subcontracts and material orders forwork performed and materials and supplies delivered tothe site, payment for which has not been made by thePHA to the Contractor or by the Contractor to thesubcontractor or supplier; (3) the cost of preserving andprotecting the work already performed until the PHA orassignee takes possession thereof or assumesresponsibility therefore; (4) the actual or estimated cost oflegal and accounting services reasonably necessary toprepare and present the termination claim to the PHA;and (5) an amount constituting a reasonable profit on thevalue of the work performed by the Contractor.

(c) The Contracting Officer will act on the Contractor's claimwithin days (60 days unless otherwise indicated) ofreceipt of the Contractor's claim.

(d) Any disputes with regard to this clause are expresslymade subject to the provisions of the Disputes clause ofthis contract.

35. Assignment of Contract

The Contractor shall not assign or transfer any interest inthis contract; except that claims for monies due or tobecome due from the PHA under the contract may beassigned to a bank, trust company, or other financialinstitution. Such assignments of claims shall only bemade with the written concurrence of the ContractingOfficer. If the Contractor is a partnership, this contractshall inure to the benefit of the surviving or remainingmembers) of such partnership as approved by theContracting Officer.

36. Insurance

(a) Before commencing work, the Contractor and eachsubcontractor shall furnish the PHA with certificates ofinsurance showing the following insurance is in force andwill insure all operations under the Contract:(1) Workers' Compensation, in accordance with state or

Territorial Workers' Compensation laws.(2) Commercial General Liability with a combined single

limit for bodily injury and property damage of not lessthan $ [Contracting Officer insert amount]

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per occurrence to protect the Contractor and eachsubcontractor against claims for bodily injury or deathand damage to the property of others. This shall coverthe use of all equipment, hoists, and vehicleson the sites) not covered by Automobile Liabilityunder (3) below. If the Contractor has a made"policy, then the following additional requirementsapply; the policy must provide a "retroactive date"which must be on or before theexecution date of the Contract; and the extendedreporting period may not be less than five yearsfollowing the completion date of the Contract.

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

(b) Before commencing work, the Contractor shall furnish thePHA with a certificate of insurance evidencing thatBuilder's Risk (fire and e~ended coverage) Insurance onail work in place and/or materials stored at the buildingsite(s), including foundations and building equipment, isin force. The Builder's Risk Insurance shall be for thebenefit of the Contractor and the PHA as their interestsmay appear and each shall be named in the policy orpolicies as an insured. The Contractor in installingequipment supplied by the PHA shall carry insurance onsuch equipment from the time the Contractor takespossession thereof until the Contract work is accepted bythe PHA. The Builder's Risk Insurance need not becarried on excavations, piers, footings, or foundationsuntil such time as work on the superstructure is started. Itneed not be carried on landscape work. Policies shallfurnish coverage at all times for the full cash value of allcompleted construction, as well as materials in placeand/or stored at the site(s), whether or not partialpayment has been made by the PHA. The Contractormay terminate this insurance on buildings as of the datetaken over for occupancy by the PHA. The Contractor isnot required to carry Builder's Risk Insurance formodernization work which does not involve structuralalterations or additions and where the PHA's existing fireand extended coverage policy can be endorsed toinclude such work.

(c) All insurance shall be carried with companies which arefinancially responsible and admitted to do business in theState in which the project is located. If any suchinsurance is due to expire during the construction period,the Contractor (including subcontractors, as applicable)shall not permit the coverage to lapse and shall furnishevidence of coverage to the Contracting Officer. Allcertificates of insurance, as evidence of coverage, shallprovide that no coverage may be canceled or non-renewed by the insurance company until at least 30 daysprior written notice has been given to the ContractingOfficer.

37. Subcontracts

(a) Definitions. As used in this contract -(1) "Subcontract" means any contract, purchase order, or

other purchase agreement, including modificationsand change orders to the foregoing, entered into by asubcontractor to furnish supplies, materials,equipment, and services for the performance of theprime contract or a subcontract.

(2) "Subcontractor" means any supplier, vendor, or firmthat furnishes supplies, materials, equipment, orservices to or for the Contractor or anothersubcontractor

(b) The Contractor shall not enter into any subcontract withany subcontractor who has been temporarily deniedparticipation in a HUD program or who has beensuspended or debarred from participating in contractingprograms by any agency of the United StatesGovernment or of the state in which the work under thiscontract is to be performed.

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

(d) The Contractor shall insert appropriate clauses in allsubcontracts to bind subcontractors to the terms andconditions of this contract insofar as they are applicableto the work of subcontractors.

(e) Nothing contained in this contract shall create anycontractual relationship between any subcontractor andthe PHA or between the subcontractor and HUD.

38. Subcontracting with Small and Minority Firms,Women's Business Enterprise, and Labor SurplusArea Firms

The Contractor shall take the following steps to ensurethat, whenever possible, subcontracts are awarded tosmall business firms, minority firms, women's businessenterprises, and labor surplus area firms:

(a) Placing qualified small and minority businesses andwomen's business enterprises on solicitation lists;

(b) Ensuring that small and minority businesses andwomen's business enterprises are solicited wheneverthey are potential sources;

(c) Dividing total requirements, when economically feasible,into smaller tasks or quantities to permit maximumparticipation by small and minority businesses andwomen's business enterprises;

(d) Establishing delivery schedules, where the requirementsof the contract permit, which encourage participation bysmall and minority businesses and women's businessenterprises; and

(e) Using the services and assistance of the U.S. SmallBusiness Administration, the Minority BusinessDevelopment Agency of the U.S. Department ofCommerce, and State and local governmental smallbusiness agencies.

39. Equal Employment Opportunity

During the performance of this contract, the Contractoragrees as follows:

(a) The Contractor shall not discriminate against anyemployee or applicant for employment because of race,color, religion, sex, national origin, or handicap.

(b) The Contractor shall take affirmative action to ensure thatapplicants are employed, and that employees are treatedduring employment without regard to their race, color,religion, sex, national origin, or handicap. Such actionshall include, but not be limited to, (1) employment, (2)upgrading, (3) demotion, (4) transfer, (5) recruitment orrecruitment advertising, (6) layoff or termination, (7) ratesof pay or other forms of compensation, and (8) selectionfor training, including apprenticeship.

Previous editions are obsolete Page 13 of 19 form HUD-5370 (1/2014)Replaces form IiUD-5370-A

(c) The Contractor shall post in conspicuous places availableto employees and applicants for employment the noticesto be provided by the Contracting Officer that explain this

dause.(d) The Contractor shall, in all solicitations or

advertisements for employees placed by or on behalf ofthe Contractor, state that all qualified applicants willreceive consideration for employment without regard to

race, color, religion, sex, national origin, or handicap.(e) The Contractor shall send, to each labor union or

representative of workers with which it has a collectivebargaining agreement or other contract or understanding,the notice to be provided by the Contracting Officeradvising the labor union or workers' representative of the

Contractor's commitments under this clause, and postcopies of the notice in conspicuous places available to

employees and applicants for employment.(~ The Contractor shall comply with Executive Order 11246,

as amended, and the rules, regulations, and orders of theSecretary of Labor.

(g) The Contractor shall furnish all information and reportsrequired by Executive Order 11246, as amended, Section503 of the Rehabilitation Act of 1973, as amended, andby rules, regulations, and orders of the Secretary ofLabor, or pursuant thereto. The Contractor shall permitaccess to its books, records, and accounts by theSecretary of Labor for purposes of investigation toascertain compliance with such rules, regulations, andorclers.

(h) In the event of a determination that the Contractor is notin compliance with this clause or any rule, regulation, ororder of the Secretary of Labor, this contract may becanceled, terminated, or suspended in whole or in part,and the Contractor may be declared ineligible for furtherGovernment contracts, or Federally assisted constructioncontracts under the procedures authorized in ExecutiveOrder 11246, as amended. In addition, sanctions may beimposed and remedies invoked against the Contractor asprovided in Executive Order 11246, as amended, therules, regulations, and orders of the Secretary of Labor,or as otherwise provided by law.

(i) The Contractor shall include the terms and conditions of

this clause in every subcontractor purchase order unlessexempted by the rules, regulations, or orders of theSecretary of Labor issued under Executive Order 11246,as amended, so that these terms and conditions will bebinding upon each subcontractor or vendor. TheContractor shall take such action with respect to anysubcontract or purchase order as the Secretary ofHousing and Urban Development or the Secretary ofLabor may direct as a means of enforcing suchprovisions, including sanctions for noncompliance;provided that if the Contractor becomes involved in, or isthreatened with, litigation with a subcontractor or vendoras a result of such direction, the Contractor may requestthe United States to enter into the litigation to protect theinterests of the United States.

Q) Compliance with the requirements of this clause shall be

to the maximum extent consistent with, but not inderogation of, compliance with section 7(b) of the IndianSelf-Determination and Education Assistance Act and theIndian Preference clause of this contract.

40. Employment, Training, and ContractingOpportunities for Low-Income Persons, Section 3 of

the Housing and Urban Development Act of 1968.

(a) The work to be performed under this contract is subject tothe requirements of section 3 of the Housing and UrbanDevelopment Act of 1968, as amended, 12 U.S.C. 1701 u(section 3). The purpose of section 3 is to ensure thatemployment and other economic opportunities generatedby HUD assistance or HUD-assisted projects covered bysection 3, shall, to the greatest event feasible, be directedto low- and very low-income persons, particularly personswho are recipients of HUD assistance forhousing.

(b) The parties to this contract agree to comply with HUD'sregulations in 24 CFR Part 135, which implement section3. As evidenced by their execution of this contract, theparties to this contract certify that they are under nocontractual or other impediment that would prevent themfrom complying with the Part 135 regulations.

(c) The contractor agrees to send to each labor organizationor representative of workers with which the contractor hasa collective bargaining agreement or other understanding,if any, a notice advising the labor organization or workers'representative of the contractor's commitments under thissection 3 clause, and will post copies of the notice inconspicuous places at the work site where bothemployees and applicants for training and employmentpositions can see the notice. The notice shall describe thesection 3 preference, shall set forth minimum number andjob titles subject to hire, availability of apprenticeship andtraining positions, the qualifications for each; and thename and location of the persons) taking applications foreach of the positions; and theanticipated date the work shall begin.

(d) The contractor agrees to include this section 3 clause inevery subcontract subject to compliance with regulationsin 24 CFR Part 135, and agrees to take appropriateaction, as provided in an applicable provision of thesubcontract or in this section 3 clause, upon a finding thatthe subcontractor is in violation of the regulations in 24CFR Part 135. The contractor will not subcontract withany subcontractor where the contractor has notice orknowledge that the subcontractor has been found inviolation of the regulations in 24 CFR Part 135.

(e) The contractor will certify that any vacant employmentpositions, including training positions, that are filled (1)after the contractor is selected but before the contract isexecuted, and (2) with persons other than those to whomthe regulations of 24 CFR Part 135 require employmentopportunities to be directed, were not filled to circumventthe contractor's obligations under 24 CFR Part 135.

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

(g) With respect to work performed in connection with section3 covered Indian housing assistance, section 7(b) of theIndian Self-Determination and Education Assistance Act(25 U.S.C. 450e) also applies to the work to beperformed under this contract. Section 7(b) requires thatto the greatest extent feasible (i) preference andopportunities for training and employment shall be givento Indians, and (ii) preference in the award of contractsand subcontracts shall be given to Indian organizationsand Indian-owned Economic Enterprises. Parties to thiscontract that are subject to the provisions of section 3and section 7(b)agree to comply with section 3 to themaximum extent feasible, but not in derogation ofcompliance with section 7(b).

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41. Interest of Members of Congress

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

42. Interest of Members, Officers, or Employees andFormer Members, Officers, or Employees

No member, officer, or employee of the PHA, no memberof the governing body of the locality in which the projectis situated, no member of the governing body of thelocality in which the PHA was activated, and no otherpublic official of such locality or localities who exercisesany functions or responsibilities with respect to theproject, shall, during his or her tenure, or for one yearthereafter, have any interest, direct or indirect, in thiscontract or the proceeds thereof.

43. Limitations on Payments made to Influence CertainFederal Financial Transactions

(a) The Contractor agrees to comply with Section 1352 ofTitle 31, United States Code which prohibits the use ofFederal appropriated funds to pay any person forinfluencing or attempting to influence an officer oremployee of any agency, a Member of Congress, andofficer or employee of Congress, or an employee of aMember of Congress in connection with any of thefollowing covered Federal actions: the awarding of anyFederal contract; the making of any Federal grant; themaking of any Federal loan; the entering into of anycooperative agreement; or the modification of anyFederal contract, grant, loan, or cooperative agreement.

(b) The Contractor further agrees to comply with therequirement of the Act to furnish a disclosure (OMBStandard Form LLL, Disclosure of Lobbying Activities) ifany funds other than Federal appropriated funds(including profit or fee received under a covered Federaltransaction) have been paid, or will be paid, to any personfor influencing or attempting to influence an officer oremployee of any agency, a Member of Congress, anofficer or employee of Congress, or an employee of aMember of Congress in connection with a Federalcontract, grant, loan, or cooperative agreement.

44. Royalties and Patents

The Contractor shall pay all royalties and license fees. Itshall defend all suits or claims for infringement of anypatent rights and shall save the PHA harmless from losson account thereof; except that the PHA shall beresponsible for all such loss when a particular design,process or the product of a particular manufacturer ormanufacturers is specified and the Contractor has noreason to believe that the specified design, process, orproduct is an infringement. If, however, the Contractorhas reason to believe that any design, process or productspecified is an infringement of a patent, the Contractorshall promptly notify the Contracting Officer. Failure togive such notice shall make the Contractor responsiblefor resultant loss.

45. Examination and Retention of Contractor's Records

(a) The PHA, HUD, or Comptroller General of the UnitedStates, or any of their duly authorized representativesshall, until 3 years after final payment under this contract,have access to and the right to examine any of theContractor's directly pertinent books, documents, papers,or other records involving transactions related to thiscontract for the purpose of making audit, examination,excerpts, and transcriptions.

(b) The Contractor agrees to include in first-tier subcontractsunder this contract a clause substantially the same asparagraph (a) above. "Subcontract," as used in thisclause, excludes purchase orders not exceeding$10,000.

(c) The periods of access and examination in paragraphs (a)and (b) above for records relating to (1) appeals under theDisputes clause of this contract, (2) litigation or settlementof claims arising from the performance of this contract, or(3) costs and expenses of this contract to which the PHA,HUD, or Comptroller General or any of their dulyauthorized representatives has taken exception shallcontinue until disposition of such appeals, litigation,claims, or exceptions.

46. Labor Standards -Davis-Bacon and Related Acts

If the total amount of this contract exceeds $2,000, theFederal labor standards set forth in the clause below shallapply to the development or construction work to beperformed under the contract.

(a) Minimum Wages.(1) All laborers and mechanics employed under thiscontract in the development or construction of theprojects) involved will be paid unconditionally and notless often than once a week, and without subsequentdeduction or rebate on any account (except such payrolldeductions as are permitted by regulations issued by theSecretary of Labor under the Copeland Act (29 CFR Part3)), the full amount of wages and bona fide fringe benefits(or cash equivalents thereof due at time of paymentcomputed at rates not less than those contained in thewage determination of the Secretary of Labor which isattached hereto and made a part hereof, regardless ofany contractual relationship which may be alleged to existbetween the Contractor and such laborers andmechanics. Contributions made or costs reasonablyanticipated for bona fide fringe benefits under Section1(b)(2) of the Davis-Bacon Acton behalf of laborers ormechanics are considered wages paid to such laborers ormechanics, subject to the provisions of 29 CFR5.5(a)(1)(iv); also, regular contributions made or costsincurred for more than a weekly period (but not less oftenthan quarterly) under plans, funds, or programs whichcover the regular weekly period, are deemed to beconstructively made or incurred during such weeklyperiod. Such laborers and mechanics shall be paid theappropriate wage rate and fringe benefits in the wagedetermination for the classification of work actuallyperformed, without regard to skill, except as provided in29 CFR 5.5(a)(4). Laborers or mechanics performingwork in more than one classification may becompensated at the rate specified for each classificationfor the time actually worked therein; provided, that theemployer's payroll records accurately set forth the timespent in each classification in which work is performed.The wage determination (including any additionalclassification and wage rates conformed under 29 CFR5.5(a)(1)(ii) and the Davis-Bacon poster (WH-1321) shall

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be posted at all times by the Contractor and itssubcontractors at the site of the work in a prominent andaccessible place where it can be easily seen by theworkers.(2) (i) Any class of laborers or mechanics, including

helpers, which is not listed in the wagedetermination and which is to be employed underthe contract shall be classified in conformance withthe wage determination. HUD shall approve anadditional classification and wage rate and fringebenefits therefor only when all the following criteriahave been met: (A) The work to be performed bythe classification requested is not performed by aclassification in the wage determination; and (B)The classification is utilized in the area by theconstruction industry; and (C) The proposed wagerate, including any bona fide fringe benefits, bearsa reasonable relationship to the wage ratescontained in the wagedetermination.

(ii) If the Contractor and the laborers and mechanicsto be employed in the classification (if known), ortheir representatives, and HUD or its designeeagree on the classification and wage rate(including the amount designated for fringebenefits where appropriate), a report of the actiontaken shall be sent by HUD or its designee to theAdministrator of the Wage and Hour Division,Employee Standards Administration, U.S.Department of Labor, Washington, DC 20210.The Administrator, or an authorizedrepresentative, will approve, modify, or disapproveevery additional classification action within 30 daysof receipt and so advise HUD or its designee or willnotify HUD or its designee within the 30-day periodthat additional time is necessary.

(iii) In the event the Contractor, the laborers ormechanics to be employed in the classification ortheir representatives, and HUD or its designee donot agree on the proposed classification and wagerate (including the amount designated for fringebenefits, where appropriate), HUD or its designeeshall refer the questions, including the views of allinterested parties and the recommendation of HUDor its designee; to the Administrator of the Wageand Hour Division for determination. TheAdministrator, or an authorized representative, willissue a determination within 30 days of receipt andso advise HUD or its designee or will notify HUD orits designee within the 30-day period thatadditional time is necessary.

(iv) The wage rate (including fringe benefits whereappropriate) determined pursuant tosubparagraphs (a)(2)(ii) or (iii) of this clause shallbe paid to all workers performing work in theclassification under this contract from the first dayon which work is performed in classification.

(3) Whenever the minimum wage rate prescribed in thecontract for a class of laborers or mechanics includesa fringe benefit which is not expressed as an hourlyrate, the Contractor shall either pay the benefit asstated in the wage determination or shall pay anotherbona fide fringe benefit or an hourly cash equivalentthereof.

(4) If the Contractor does not make payments to a trusteeor other third person, the Contractor may consider aspart of the wages of any laborer or mechanic the

amount of any costs reasonably anticipated inproviding bona fide fringe benefits under a plan orprogram; provided, that the Secretary of Labor hasfound, upon the written request of the Contractor, thatthe applicable standards of the Davis-Bacon Act havebeen met. The Secretary of Labor may require theContractor to set aside in a separate account assetsfor the meeting of obligations under the plan orprogram.

(b) Withholding of funds. HUD or its designee shall, upon itsown action or upon written request of an authorizedrepresentative of the Department of Labor, withhold orcause to be withheld from the Contractor under thiscontract or any other Federal contract with the sameprime Contractor, or any other Federally-assistedcontract subject to Davis-Bacon prevailing wagerequirements, which is held by the same primeContractor, so much of the accrued payments oradvances as may be considered necessary to paylaborers and mechanics, including apprentices, trainees,and helpers, employed by the Contractor or anysubcontractor the full amount of wages required by thecontract. In the event of failure to pay any laborer ormechanic, including any apprentice, trainee, or helper,employed or working in the construction or developmentof the project, all or part of the wages required by thecontract, HUD or its designee may, after written notice tothe Contractor, take such action as may be necessary tocause the suspension of any further payment, advance,or guarantee of funds until such violations have ceased.HUD or its designee may, after written notice to theContractor, disburse such amounts withheld for and onaccount of the Contractor or subcontractor to therespective employees to whom they are due.

(c) Payrolls and basic records.(1) Payrolls and basic records relating thereto shall be

maintained by the Contractor during the course of thework and preserved for a period of three yearsthereafter for all laborers and mechanics working inthe construction or development of the project. Suchrecords shall contain the name, address, and socialsecurity number of each such worker, his or hercorrect classification, hourly rates of wages paid(including rates of contributions or costs anticipatedfor bona fide fringe benefits or cash equivalentsthereof of the types described in section 1(b)(2)(B) ofthe Davis-Bacon Act), daily and weekly number ofhours worked, deductions made, and actual wagespaid. Whenever the Secretary of Labor has found,under 29 CFR 5.5(a)(1)(iv), that the wages of anylaborer or mechanic include the amount of costsreasonably anticipated in providing benefits under aplan or program described in section 1(b)(2)(B) of theDavis-Bacon Act, the Contractor shall maintainrecords which show that the commitment to providesuch benefits is enforceable, that the plan or programis financially responsible, and that the plan orprogram has been communicated in writing to thelaborers or mechanics affected, and records whichshow the costs anticipated or the actual cost incurredin providing such benefits. Contractors employingapprentices or trainees under approved programsshall maintain written evidence of the registration ofapprenticeship programs and certification of traineeprograms, the registration of the apprentices andtrainees, and the ratios and wage rates prescribed inthe applicable programs.

Previous editions are obsolete Page 16 of 19 form FIUD-5370 (1/2014)

Replaces form HLTD-5370-A

(2) (i) The Contractor shall submit weekly for each weekin which any contract work is performed a copy ofall payrolls to the Contracting Officer fortransmission to HUD or its designee. The payrollssubmitted shall set out accurately and completelyail of the information required to be maintainedunder subparagraph (c)(1) of this clause. Thisinformation may be submitted in any form desired.Optional Form WH-347 (Federal Stock Number029-005-00014-1) is available for this purpose andmay be purchased from the Superintendent ofDocuments, U.S. Government Printing Office,Washington, D.C. 20402. The Contractor isresponsible for the submission of copies ofpayrolls by all subcontractors: (Approved by theOffice of Management and Budget under OMBControl Number 1214-0149.)

(ii) Each payroll submitted shall be accompanied by a"Statement of Compliance," signed by theContractor or subcontractor or his or her agentwho pays or supervises the payment of thepersons employed under the contract and shallcertify the following:(A) That the payroll for the payroll period contains

the information required to be maintainedunder paragraph (c) (1) of this clause and thatsuch information is correct and complete;

(B) That each laborer or mechanic (including eachhelper, apprentice, and trainee) employed onthe contract during the payroll period has beenpaid the full weekly wages earned, withoutrebate, either directly or indirectly, and that nodeductions have been made either directly orindirectly from the full wages earned, otherthan permissible deductions as set forth in 29CFR Part 3; and

(C) That each laborer or mechanic has been paidnot less than the applicable wage rates andfringe benefits or cash equivalents for theclassification of work performed, as specifiedin the applicable wage determinationincorporated into the contract.

(iii) The weekly submission of a properly executedcertification set forth on the reverse side ofOptional Form WH-347 shall satisfy therequirements for submission of the "Statement ofCompliance" required by subparagraph (c)(2)(ii) ofthis clause.

(iv) The falsification of any of the above certificationsmay subject the Contractor or subcontractor to civilor criminal prosecution under Section 1001 of Title18 and Section 3729 of Title 31 of the UnitedStates Code.

(3) The Contractor or subcontractor shall make therecords required under subparagraph (c)(1) availablefor inspection, copying, or transcription by authorizedrepresentatives of HUD or its designee, theContracting Officer, or the Department of Labor andshall permit such representatives to interviewemployees during working hours on the job. If theContractor or subcontractor fails to submit therequired records or to make them available, HUD orits designee may, after written notice to theContractor, take such action as may be necessary tocause the suspension of any further payment,advance, or guarantee of funds. Furthermore, failureto submit the required records upon request or to

make such records available may be grounds fordebarment action pursuant to 29 CFR 5.12.

(d) (1) Apprentices. Apprentices will be permitted to work atless than the predetermined rate for the work theyperformed when they are employed pursuant to andindividually registered in a bona fide apprenticeshipprogram registered with the U.S. Department ofLabor, Employment and Training Administration,Office of Apprenticeship and Training, Employer andLabor Services (OATELS), or with a StateApprenticeship Agency recognized by OATELS, or if aperson is employed in his or her first 90 days ofprobationary employment as an apprentice in such anapprenticeship program, who is not individuallyregistered in the program, but who has been certifiedby OATELS or a State Apprenticeship Agency (whereappropriate) to be eligible for probationaryemployment as an apprentice. The allowable ratio ofapprentices to journeymen on the job site in any craftclassification shall not be greater than the ratiopermitted to the Contractor as to the entire work forceunder the registered program. Any worker listed on apayroll at an apprentice wage rate, who is notregistered or otherwise employed as stated in thisparagraph, shall be paid not less than the applicablewage rate on the wage determination for theclassification of work actually performed. In addition,any apprentice performing work on the job site inexcess of the ratio permitted under the registeredprogram shall be paid not less than the applicablewage rate on the wage determination for the workactually performed. Where a contractor is performingconstruction on a project in a locality other than that inwhich its program is registered, the ratios and wagerates (expressed in percentages of the journeyman'shourly rate) specified in the Contractor's orsubcontractors registered program shall be observed.Every apprentice must be paid at not less than the ratespecified in the registered program for the apprentice'slevel of progress, expressed as a percentage of thejourneyman hourly rate specified in the applicablewage determination. Apprentices shall be paid fringebenefits in accordance with the provisions of theapprenticeship program. If the apprenticeship programdoes not specify fringe benefits, apprentices must bepaid the full amount of fringe benefits listed on thewage determination for the applicable classification. Ifthe Administrator of the Wage and Hour Divisiondetermines that a different practice prevails for theapplicable apprentice classification, fringes shall bepaid in accordance with that determination. In theevent OATELS, or a State Apprenticeship Agencyrecognized by OATELS, withdraws approval of anapprenticeship program, the Contractor will no longerbe permitted to utilize apprentices at less than theapplicable predetermined rate for the work performeduntil an acceptableprogram is approved.

(2) Trainees. Except as provided in 29 CFR 5.16,trainees will not be permitted to work at less than thepredetermined rate for the work performed unless theyare employed pursuant to and individually registered ina program which has received prior approval,evidenced by formal certification by the U.S.Department of Labor, Employment and TrainingAdministration. The ratio of trainees to journeymen onthe job site shall not be greater than permitted under

Previous editions are obsolete Page 17 of 19 form IIUD-5370 (1/2014)

Replaces form HUD-5370-A

the plan approved by the Employment and TrainingAdministration. Every trainee must be paid at not lessthan the rate specified in the approved program for the

trainee's level of progress, expressed as a percentage

of the journeyman hourly rate specified in theapplicable wage determination. Trainees shall be paidfringe benefits in accordance with the provisions of the

trainee program. If the trainee program does notmention fringe benefits, trainees shall be paid the fullamount of fringe benefits listed in the wagedetermination unless the Administrator of the Wageand Hour Division determines that there is anapprenticeship program associated with thecorresponding journeyman wage rate in the wagedetermination which provides for less than full fringebenefits for apprentices. Any employee listed on thepayroll at a trainee rate who is not registered andparticipating in a training plan approved by theEmployment and Training Administration shall be paidnot less than the applicable wage rate in the wagedetermination for the classification of work actuallyperformed. In addition, any trainee performing work onthe job site in excess of the ratio permitted under theregistered program shall be paid not less than theapplicable wage rate in the wage determination for thework actually performed. In the event the Employmentand Training Administration withdraws approval of atraining program, the Contractor will no longer bepermitted to utilize trainees at less than the applicablepredetermined rate for the work performeduntil an acceptable program is approved.

(3) Equal employment opportunity. The utilization ofapprentices, trainees, and journeymen under thisclause shall be in conformity with the equalemployment opportunity requirements of ExecutiveOrder 11246, as amended, and 29 CFR Part 30,

(e) Compliance with Copeland Act requirements. TheContractor shall comply with the requirements of 29 CFR

Part 3, which are hereby incorporated by reference in thiscontract.

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

(g) Compliance with Davis-Bacon and related Actrequirements. All rulings and interpretations of the Davis-Bacon and related Acts contained in 29 CFR Parts 1, 3,and 5 are herein incorporated by reference in thiscontrail

(h) Disputes concerning labor standards. Disputes arising outof the labor standards provisions of this clause shall notbe subject to the general disputes clause of this contract.Such disputes shall be resolved in accordance with theprocedures of the Department of Labor set forth in 29CFR Parts 5, 6, and 7. Disputes within the meaning ofthis clause include disputes between the Contractor (orany of its subcontractors) and the PHA, HUD, the U.S.

Department of Labor, or the employees or theirrepresentatives.

(i) Certification of eligibility.(1) By entering into this contract, the Contractor certifies

that neither it (nor he or she) nor any person or firmwho has an interest iri the Contractor's firm is aperson or firm ineligible to be awarded contracts bythe United States Government by virtue of section3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).

(2) No part of this contract shall be subcontracted to anyperson or firm ineligible for award of a United StatesGovernment contract by virtue of section 3(a) of theDavis-Bacon Act or 29 CF.R 5.12(a)(1).

(3) The penalty for making false statements is prescribedin the U. S. Criminal Code, 18 U.S.C. 1001.

(j) Contract Work Hours and Safety Standards Act. As usedin this paragraph, the terms "laborers" and "mechanics"

include watchmen and guards,(1) Overtime requirements. No contractor or

subcontractor contracting for any part of the contractwork which may require or involve the employment oflaborers or mechanics, including watchmen andguards, shall require or permit any such laborer ormechanic in any workweek in which the individual isemployed on such work to work in excess of 40 hoursin such workweek unless such laborer or mechanicreceives compensation at a rate not less than one andone-half times the basic rate of pay for all hoursworked in excess of 40 hours in such workweek.

(2) Violation; liability for unpaid wages; liquidateddamages. In the event of any violation of theprovisions set forth in subparagraph (j)(1) of thisclause, the Contractor and any subcontractorresponsible therefor shall be liable for the unpaidwages. In addition, such Contractor andsubcontractor shall be liable to the United States (inthe case of work done under contract for the Districtof Columbia or a territory, to such District or to suchterritory), for liquidated damages. Such liquidateddamages shall be computed with respect to eachindividual laborer or mechanic (including watchmenand guards) employed in violation of the provisionsset forth in subparagraph Q)(1) of this clause, in thesum of $10 for each calendar day on which suchindividual was required or permitted to work in excess

of the standard workweek of 40 hours withoutpayment of the overtime wages required byprovisions set forth in subparagraph (j)(1) of thisdause.

(3) Withholding for unpaid wages and liquidateddamages. HUD or its designee shall upon its ownaction or upon written request of an authorizedrepresentative of the Department of Labor withhold orcause to be withheld, from any moneys payable onaccount of work performed by the Contractor orsubcontractor under any such contract or any Federalcontract with the same prime Contractor, or any otherFederally-assisted contract subject to the ContractWork Hours and Safety Standards Act, which is heldby the same prime Contractor, such sums as may bedetermined to be necessary to satisfy any liabilities ofsuch Contractor or subcontractor for unpaid wagesand liquidated damages as provided in the provisionsset forth in subparagraph Q)(2) of this clause.

(k) Subcontracts. The Contractor or subcontractor shall insertin any subcontracts all the provisions contained in thisclause, and such other clauses as HUD or its designeemay by appropriate instructions require, and also aclause requiring the subcontractors to include theseprovisions in any lower tier subcontracts. The primeContractor shall be responsible for the compliance by anysubcontractor or lower tier subcontractor with all theseprovisions.

Previous editions are obsolete Page 18 of 19 form IIUD-5370 (1/2014)

Replaces form I-IiJD-5370-A

47. Non-Federal Prevailing Wage Rates

(a) Any prevailing wage rate (including basic hourly rate andany fringe benefits), determined under State or tribal lawto be prevailing, with respect to any employee in anytrade or position employed under the contract, isinapplicable to the contract and shall not be enforcedagainst the Contractor or any subcontractor, with respectto employees engaged under the contract wheneversuch non-Federal prevailing wage rate exceeds:(1) The applicable wage rate determined by the Secretary

of Labor pursuant to the Davis-Bacon Act (40 U.S.C.3141 et seq.) to be prevailing in the locality withrespect to such trade;

(b) An applicable apprentice wage rate based thereonspecified in an apprenticeship program registered withthe U.S. Department of Labor (DOL) or a DOL-recognized State Apprenticeship Agency; or

(c) An applicable trainee wage rate based thereon specifiedin a DOL-certified trainee program.

48. Procurement of Recovered Materials.

(a) In accordance with Section 6002 of the Solid WasteDisposal Act, as amended by the Resource Conservationand Recovery Act, the Contractor shall procure itemsdesignated in guidelines of the Environmental ProtectionAgency (EPA) at 40 CFR Part 247 that contain the highestpercentage of recovered materials practicable, consistentwith maintaining a satisfactory level of competition. TheContractor shall procure items designated in the EPAguidelines that contain the highest percentage bfrecovered materials practicable unless the Contractordetermines that such items: (1) are not reasonablyavailable in a reasonable period of time; (2) fail to meetreasonable performance standards, which shall bedetermined on the basis of the guidelines of the NationalInstitute of Standards and Technology, if applicable to theitem; or (3) are only available at anunreasonable price.

(b) Paragraph (a) of this clause shall apply to itemspurchased under this contract where: (1) theContractor purchases in excess of $10,000 of the itemunder this contract; or (2) during the precedingFederal fiscal year, the Contractor: (i) purchased anyamount of the items for use under a contract that wasfunded with Federal appropriations and was with aFederal agency or a State agency or agency of apolitical subdivision of a State; and (ii) purchased atotal of in excess of $10,000 of the item both underand outside that contract.

Previous editions are obsolete Page 19 of 19 form HUD-5370 (1/2014)

Replaces form HiJD-5370-A

~■ ~

- ■

~~~

~~ }+ ~~~ ~~I~~~~~I~~

~. ~c~~~:

The confi-act will call for the Contractor to furnish and pay for all laborers and mechanics employed under

this Project.

2. 1~iQ'~I~~ 'I'd ~'~OCL~~}: .

Upon approval of the contract documents, including completion of the Pre-Award Conference, the MPHA

shall issue a written "Notice to Proceed" to the contractor. Absolutely no work may proceed under this

contract prior to issuance of the notice to Proceed".

3. ~~~~r~~nv~ Q~~~ ~o~: rriA

~.. ~ o~ corr~~~~~Q~:

The contract will become effective on the dafe stipulated on the "Notice to Proceed: and shall not emend

beyond fhe date stipulated in such "Notice to Proceed" unless first authorized by approved Change Order.

5. ~+ SPONSIBT~`~ES O~~ '~`~E COl`dTTItt~CTOR:

Except as otherwise specifically stated in the contract documents and Technical specifications, the

contractor shall provide and pay for all materials, Labor, tools, equipment, permits, superintendence, charges,

levies or fees, or other expenses incurred, and all other services and facilities of every nature necessary for

the satisfaction of the contract specifications.

6. QUAl!'TIT~S: N/A

7. COIVIll~IE7NICA~al\TS: .

A. All notices, demands, requests, approvals and claims must be in writing.

B. Any notice or demand upon the contractor shall be sufficiently given if delivered at the office of the

contractor stated on the signature page of the contract (or at such other office as the contractor may from

time to tune, designate in writing to the MPHA) or if deposited in the United States mail in a sealed,

postage, prepaid envelope.

C. Unless otherwise specified in writing to the contractor, all papers required to be delivered to the MPHA

shall be delivered to MPHA, Procurerr~ent Department at 1001 Washington Avenue North, Minneapolis,

MN 55401-1043. Any notice to or demand upon the MPHA shall be sufficiently given if so delivered

with charges prepaid to auy company for transmission to said MPHA at such address.

D. The contractor shall designate in writing, at the time of execution of the contract, the name of its duly

authorized representative with whom the MPHA may conduct all business in connection wish the

operating of the contract.

8. APPROVED iZEQUISTION: N/A

9. C~AN~~S IloI ~WQ:

The MPHA may make changes in the scope required to be performed by the Contractor by making additions

thereto and / or-by making omissions there from without invalidation of the contract, ~~ithout relieving or

F1

SPECIAL CONDITIONS (Continued).

releasing the Contractor from any of its obligations under the contract or any guarantee a ven by the

Contractor pursuant to the contract provisions; provided that the total net amount of the changes does not

increase the contract amount by more.than 25%. .._- , ._-_ :- - ~= _-._._ =- - _ __ ______ __-

All such chances shall be executed under the terms of the or a~inal contract unless it is expressly provided

otherwise, in writing, by the MPHA.

10. I~~LR~' 0~` I~iA~`~F~IALS:

Materials to be transported to delivery site are the Contractor's responsibility. - - -

~~. ~~I,IN~:

The ~eapolis Public Housing Authority's billing address is as follows:

~APOI~IS PUBLIC ~~~TSING ~~~ORPFY. , Accounts Payable/Finance Department Room #307 -... - : _ .-.

1001 Washington Avenue NorthMinneapolis, MN 55401-1043

Billing the MPHA for materials purchased under this contract shall be done within si~fy (60) days of any

purchase. The following must be specified on each invoice in order for the MPHA to process any invoice for

payment:

1. contract IdentificationExample: "MPHA~Contract #100001"Miscellaneous Electric supplies

2. Requestor IdenficafionExample: "Capital Improvements, Requestor, Jack Jones"

3. Service IdentificationCompletely describe the materials provided, including the address where materials were delivered.

4. Order Date (and I3elivery Date, if applicable)

5. Materials Breakdown with TJ~i~ Prices

6. 'dotal Materials Charge

12. PACE LIST: lY/A

13. BRAND NAND OR EQUAL DESC~ZIPTIO~NS:

1. Unless the bidder requests, in advance, and receives written approval from the MPHA for the use of a

substitute product, lusher bid shall be considered to be based on the specific products) listed in this

"Invitation for Bids" or in any related addenda.

2. In order that the bid maybe considered responsive, the Bidder must bid on that which is specified and

provide all data requested in this "Invitation for Bids" and in any addenda,

F2

SPECIAL CONDITIONS (Continued)

~~. ~~~~.~~ ~~a~~~ air ~~~s~s ~~c~~~ ~~ s~~~ ~~ ~~~~~~:

No automotive vehicle, truck, tractor or wheeled and self-propelled vehicles shall be permitted to operate on.

MPHA property, except on bona fide street, avenues or parking lots, without prior written approval of the

~~iPHA representative.

15. C~I~ITR.E`iC'FO~~F~PS6I~IS~+ TO FID RE+ QFJES~:

Ii the Contrac~or is unable to submit a bid in response to the request but is in~erested in bidding on fixture

requesi, please write "No Bid" on the Bid Form and return the Bid Form to the MPAA address Listed in the

bid package.

16. EQUA~I., ~1V~LOri'lY~I~P~OPPQR~~ITY:

Pursuant to Executive Orders 11246 and 11375, and Minneapolis Civil Rights Ordinance Tile 7, Ch. 139,

141 and 142; the Contractor sha11 be required to provide equal opportunity and shall not discriminate against

~~ -any person because of his/her race, color, religion, sex, age, national origin, disability, ancestry, affectional

preference, status with regard to public assistance, marital status, Vietnam era veteran or disabled veteran.

17. PA~'NIENTS:

A. Payments

Payment to the Contractor by the MPHA shall be madesubject to the following:

I, That no payment made under the contract shall act as a waiver of the right of the NIPHA to require the

fulfillment of all terms of the contract.

B. Prompt Payment to subcontractor

The prime contractor, pursuant to ~vliuuesota statute 471.425, subd. 4a, shall pay any subcontractor within

fen (10) days of the prime contractor's receipt of payment from MPHA, for undisputed services provided by

the subcontractor. The prune confrac~or is required to pay interest of 1.5%per month or any part of a mon*h

to any subcontractor on any undisputed amount not paid on time to the subcontractor. For an unpaid balance

of less than s 100, the prime contractor shall pay the actual penalty due to the subcontractor. The minimum

monthly interest penalty payment for an unpaid balance of s100 or more is s10. A subcontractor who

prevails in a civil action to collect znterest penalties from a prime contractor must be awarded ifs costs and

disbursements including attorney's fees incurred in bringing the action.

ZS. S'I'A'FEN~N'~i' OF CON~RACTQR'S (~UALI~+ICATIOl\TS:

The MPHA will require a statement of Contractor's Qualifications on the form furnished for the purpose (a

copy of which is included in the specifications) relative to the bidder's financial resources and organization

and equipment available for the work contemplated. The MPHA shall have the right to take such steps as it

deems necessary to determine the, ability of the bidder to perform the work and the bidder shall furnish the

MPHA all such information and data for this purpose as the IVIPHA may request, The. right is reserved to

reject any bid where an investigation of the available evidence or information does not satisfy the MPHA

that the bidder is qualified to properly carry out the terms of the specifications.

19. COR~'.ECTIONS:

Erasures or other changes in the bid must be dated and initiated over the signature of the bidder.

F3

SPECIAL CONDITIONS.(Continued)._-::

2Q. Y~J~CTIOI~T ~~' ~~S:

In determining the successful bidder, fhe following elements, in addition to those mentioned~above, will be

considere~l~ whether the bidder 1) maintains a permanent place of business; 2) has adequate plant equipment

available to do the work properly and expeditiously; 3) has made a good faith effort to employ area

residents; 4) has made a good faith effort to solicit bids from minority or woman.-owned business enterprises

and.the extent to which said bidder is successful in this regard.- - - - - - - -__

21. CERTIFICATION OTt+ P1~N-SEGREG~T~D FA~C~.ITI~S:

The bidder certifies that it does not maintain or provide for its employees any seb egated facilities at any of

ifs establishments, and that it does not permit its employees to perform services at any location under its

control, where sea egated facilities are mainfained. The bidder certifies further that it will not maintain or

provide for its employees any segreDated facilities at any of ifs establishments and that it will not permit its

employees to perform services at any location under its contract where segregated facilities are maintained,

The bidder agrees that a breach of this certification will be a violation of the equal opportunity clause in any

contract resulting from acceptance of this bid. As used in this certification, the term segregated facilities

means any waiting rooms, work area, restroons (except bi-sex) and washrooms, restaurants acid other eating

areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains,

recreation or entertainment areas, transportation and house facilities provided for employees which are

segregated by explicit directive or are, in fact, segregated on the basis of race, color, religion, or national

or a6in, because of habit, local custom, or otherwise. The bidder as ees that (except where it has obtained

identical certifications from proposed sub suppliers for specific time periods it will obtain identical

certifications from proposed sub suppliers prior to the award of sub-contracting exceeding s 10,000 which

are not exempt from the provisions of the Equal Opportunity clause, and that it will retain such certifications

in it files.

22. SALES AND T7~E TAX:

The Minneapolis Public Housing Authori~y (MPHA is required to pay the 6.875% Minnesota State Sales /

Use T~ but is exempt from other taxes. Your "Bid Form Total" figure must include the IYIinnesota.sales /

use tax.

23. Il`t~3EMNI~'ICATION:

The following indemnification clause is a contractual obligation to which all Contractors are subject: As and

from the date here to the contractor agrees to defend, indemnify and hold the NIPHA harmless from any and

all claims or lawsuits that may arise from the con~-actor's activities under the provisions of this contract that

are and to the negligent or other wise wrongful acts or omissions, including breach of specific contractual

duty. Nothing herein shall be construed to obligate the contractor to protect indenwify and save the MPHA,

its officers and employees harmless from and (including attorney's fees), caused of action, suits negligent or

wrongful acts or omissions of the MPHA or any of its agents, employees or officers.

24. T~~ti~'TiIl'~ATION OF CONTRACT:

The MPHA may terminate the contract for cause by giving written notice to the other at least ten (10) days

prior to the effective date of termination. Notwithstanding the above, the contractor shall not be relieved of

liability to the MPHA for damages sustained by the MPHA by virtue of any breach of the contract by the

contractor and the MPHA may withhold any payments to the contractor until such time as the exact amount

of damages due the MPHA from the contractor is determined and received by the MPHA.

F4

SPECIAL. CONDITIONS (Continued)

~~. Il~TSLTT~I~~:

Prior ~o commencement of work, the Contractor shall fvinish NPHA with a CertLficate of Insnxance

showinb coverage in force on the dare or execution of the contract for= the amounts and types of coverage

specified below. Contactor MCT~T name the I~iinneapolis Public Housing Authorit~j (IVIPHA) as an

"additional insured" under both General and Automobile Liability. Each such policy shall provide for 30

days prior wriren notice to MI'HA of the effective date of any cancellation. Insurance shall be in force on

the date of execution of the contract and shall remain for the duration of~the contraci.

6. CiE~I~iL IIeT~ITRANe~ R~QL~ T~EIYE~I~TS

Confractor and each of its subcontractors shall not commence work under the Contract until they have'obtained all the insurance described below and the Minneapolis Public Housing Authority (Iv~HA) hasappro~Ted such insurance. All policies and.certificates sha11 provide that the policies shall remain in forceand effect Throughout the term of the Contract NIPHA shall be named as an "additional insured" on any

General Liability and Automobile Liability policy. Contractor policies shall be primary insurance fo any

other valid and collectible instu-ance available to the MPHA with respect to any claim arisin; out of theContract. Each such policy of insurance shall provide MPHA with 30 days advance written notice ofcancellation. Contractor is responsible for payment of insurance deductibles and retention cost, If Contractor

is self-insured, a Certification of self-Insurance must be attached. Insurance Companies must have an "AM

Best" rating of A-class V or better and be authorized to do business in the State of Minnesota.

IlVSU~tANC~ R ~+ QUAD SHALL ~E IT'I'EN I'Q~Yb NOT HESS THAN T~ ~'~~LO~vIIdG

1. ~Jorker's Compegsation IBsurance

A. Statutory Compensation CoverageB. ~ Coverage B —Employers Liability with 3units of not Less than:

$100.,000 Bodily Injury per Disease per Employee$500,000 $odily Injury per Disease Aga egate$100,000 Bodily Injury by Accident

2. A~tornobile Liability Iax~urance

A. Minimum Limifs of Liability:~. $1,000,000 —Per Occurrence —Bodily Injury and Property Damage

Combined Single LimitB. Coverage;

X Owned Automobile, if anyX Non-Owned AutomobileX Hired AutomobileX MPHA named as Additional Insured

FS

SPECIAL CONDITIONS (Continued)

-- 3. ~ener~l I,aabiiaty Insurance

A. Minimum Limits of Liability:.- $1,500,000—Per Occurrence

$1,000,000 —Annual Aggregate

B . Coverage:X Bodily InjuryX Property DamageX Personal InjuryX Blanket Contractual'X MPHA named as Additional Insured

F6

Direc~ive Number. 13.38

~~~TICSt~ ~ ~~~l~SE

A. The work fo be performed under Phis contracf is project assisted under a pragr~r~t prQvidirg

direct Federal fnancial assistance from the Dep~~ment of Housing and Urban Development acidis subject io the rec{uirements of Section 3 of the Housing and Urban Development Aci of 1968,as amended, 12 U. S. C. 1701u. Section 3 eequires that to the greatest extent fusible,opportunities for training and employment be given io lov er income residents of the area of theSection 3 covered project and contracts for v~~ork in connection with the project be awa`ded tobusiness concerns which are I~catad i~, or awned in substantial part by persons residing in the

area of the Section 3 covered project. '

B. The parties to this contract will comply with the provisions. of said Section 3 and the regulationsissued pursuant thereto by fihe Secretary of Housing and Urban Development set forth in 24CFR, PaR 'f 35; and ail: appiicabfe rules and orders of the Department issued~thereunder prior to

the execution of this contact. The parties io this contract certii~~ and agree that they are .underno contractual or other disability, which would peei~ent them from complying with theserequirements.

C. The contractor will send to each labor organization or representative of workers v~ith which s/he

his a collective bargaining agreement or other contract or understanding, if any, a noticeadvising the said labor organization or workers' representative of its commitments under this

Section 3 clause and shat! post copies of the notice in conspicuous places available toemployees and applicants for employment or training.

D. TF~e contractor will include this Section 3 clause in every subcontract for work in connection withthe project and will, at the direction of the applicant for or recipient of Federal financialassistance, fake appropriate action pursuant to the subcontract upon a finding that the~ubcantractor is in violation of regulations issued by the Secretary of Housing and UrbanDevelopment, 24 CFR, Part 135, the contractor will not subcontract with any subcohtractorwhere it has notice or knoNrledge that the latter has been found in violation of regulations under24 CFR, Part 135 and will not let any subcontract unless the subcontractor has first provided itwith a preliminary statement of ability to comply with the requirements of this regulation. ,

E: Compliance with the provisions of Section 3, the regulations set forth in 24 CFR, Part 135, andall applicable rules and orders of the Department issued thereunder prior to the execution of thecontract, shall be a condition of the Federal financial assistance provided to the project, bindingupon the applicant or recipient, ifs contractors and subcontractors, its successors and assigns fothose sanctions specified by the grantor loan agreement or contract through which Federalassistance is provided and to such sanctions as are specified by 24 CFR, Part 135.

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

G, With respect to work performed in connection with Section 3 covered Indian housing assistance,Section 7(b) of the Indian Self-Determination and Education Assistance Action (25 U.S.G. 450e)also.appfies to the work to be perFormed under this contract. Section 7(b) requires that to thegreatest extent feasible (I) preference and opportunities for training and employment shall be

given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to

Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that aresubject to the provisions of Section 3 and Section 7(b) agree to comply with section 3 to themaximum extent fEasible, but not in derogation of compliance v~~ith section 7(b)

i~ G

1`~~'S S~~'~'~~I~ 3 CaNT~'~II~~ ~ ~1'~F~~~'I~EI~T ~~~~

h.. ~'~I~ ~~~15~~ r~~J`~~~~IT~' S~C'~'~~llT 3 ~Ckl~T€~'I'S

Secfi~on 3 requirements for a public housing authority are different from the Section 3

requirements for a city. Belowis a brief summary of the Section 3 requirements for MPHA.

~. SEC'~~ON 3 QVE~VV~E~'

1. Section 3 Purpose. ,Section 3 is part of the Housing and Urhan Development Act of

1968. Its purpose is to provide economic development opportunities for and employment to low

income persons ~~hen federal .dollars are expended in construction and non-construction or

service cbniracts. Contracts solely for.goods or materials are not covered by Section 3. A

contractor who is awarded a Section 3 confract must to the "greatest event feasible" comply

with the contracting and employment goals. See 24 C.F.R. § 135.

~. 'Greatest Extent Feasible. Every Section 3 contractor, which includes the general

contractor and all subcontractors, has a duty to the "greatest extent feasible" to meet :the

contractuig and employinen~ goals. The contractor must take every reasonable affirmative

action fo meet the goals. The duty maybe more than soliciting bids or advertising contracting

and employment oppoi-tuiuties. Tf appropriate, a contractor may give preferential treatment to a

Section 3 business or resident and maybe obligated to train Section 3 residents. Every

contractor must show that it took every affirmative action to comply with the goals.

3. 1Wletro~olitan area. The goals require contracting with Section 3 businesses and hiring

Section 3 residents in the Metropolitan Area as defined by the Office of Managemen~ and Budget

(OMB), MPHA's Metropolitan Area includes eleven counties in MN; Anoka; Carver; Chisago;

Dakota; Hennepin; Isanti; Ramsey; Scott; Sherburne; Washinb on; and Wright; and two counties

in WI: Pierce; and St. Croix.

4. Section 3 Clause. The Section 3 clause is a document prepared by HLTD which must be

included in all contracts and subcontracts and be given to all subcontractors on a Section 3

project whether or not they are a Section 3 business.

5, ~TVeekly Repor~i~~. All contractors and the general contractor must complete the

attached Section 3 Contractor Compliance Reporting Form each week. This form is submitted

through LCP Tracker.

6. Web Recess for Section 3 Regula~ioa~s. A website for Section 3 federal regulations is

at; www.access.wo.~ov/nara/cfr/index.html. At the website, type "24CFR135".

~. SEC~'~6Td 3 S~EI~T ~?~~'F~ITI~3TeTS ~~ P~'~'~~~

Tie defini~io~s and prao~i~ies for Sec~o~ 3 residents ~a~e defied ia~ 24 C.F.lZ. §

135.5 & § 135.34 ~~)(1}(~}—(iv}. Training and employment opportunities must be awarded in the

following priority.

Priority l: An. MPHA resident living in the Asset Management Projects (AM1')

where the work will be performed. MPIs~A has nine AMPs and will identify the AMP

where the work is performed.

Priority 2: An MP.HA resident who does not live in the AMP where the work will be

performed. MPHA has nine AMPs and will identify the AMP where the work is

performed.

Priority 3: A participant in a Youthbuild Prob am which is a federal or state program

that provides job training to 16~to 24 year olds who are at risk of dropping out of school

in MPHA's Metropolitan Area. The Youthbuild providers in the Metropolitan Area

include: Carver Scott Educational Cooperative (Chaska); Central ~YIl~I Jobs .(Monticello);

City Academy (St. Paul); Guadalupe Alternative Programs (St. Paul); and Tree Tnzst

(Minneapolis).

Priority 4: A resident of the Metropolitan Area who is glow-income person as defined

by HCTD. Alow-income person is a family whose household gross income does not

exceed 80% of the median income, The chart below shows the household income

eligibility by family size.

Family Size Income

1 $45,500

2 $52,000

3 $8,500

4 $65,000

Family Size Income

5 $70,200

6 $'75,40.0

7 ~ $80,600

8 $85,800

D. CONTRACT~N~ NTH SECTION 3 B~JSIl~I~~S~S

1. ~ec~iou 3 Con~rae~ing Ga~l~s. Federal law states that "to the greatest extent feasible" at

least 10% of the total dollar amount of all construction contracts and at least 3°/o of the total

amount of all professional service or non-construction contracts should be awarded to Section 3

businesses, A contractor may meet the goal by becoming a certified Section 3 business.

Construction contracts include: repair; maintenance; modernization; and development and does

not include contracts soie~y for goods or materials. If a contract is for goods and work, the entire

contract amount is subject to the Section 3 goals.

2. '~~~ ~e~zi~~~a~s ~a~€~ ~r~~~i~ies ~~r a ~ee~io~ 3 ~a~~~ress are de~~ec~ ~ 2~~ ~.~'.~. ~

~.3~.~6 (a)(1)(~}-(~~). Contracts must be awarded in the following prio~-it~T.

Priorit~~ 1~ is a business that is ~ 1 % or more owned by MPHA residents) v~~ho reside in

the AN~P where the work is performed or whose fall time permanent work force, which

may be seasonal, includes 3~0% of the MPHA residents in the AMP.

Priority 2 is a business: a) that is 51% or more owned b3~ MPHA residents who do not

live in the AN~P; b)'whose full time permanent workforce, which may be seasonal,

includes 3Q% of the MPHA residents who do not live in the AMP.

Priority 3 is a Youthbuild program within the Metropolitan Area. Please see above

Section 3, Priority 3.

Priority 4 is a business: a) that is owned by Section 3 residents) living in the

Metropolitan Area; b) whose full time permanent worl~orce, whichmay lie seasonal,

includes 30% of Section 3 residents li~~ing in the I~Ie~ropolitan. Area; c) that subcontracts

25% of the contract award to Section 3 businesses in the Ivletropoli~an Area.

3. Priority 4c Section 3 ~usnness. A Section 3 business under Category 4c above who

does not contract 25% of its contract award with a Category 4a or 4b Section 3 business will lose

ifs Section 3 status and must comply with the 10% contracting goals for construction contracts

.and 3% contracting goal for professional service or non-construction contracts.

4. Section 3 ~3usiness Certi~€~ca~ion. A business may qualify as a Section 3 business in

two ways.

a. The business may submit to MPHA a Section 3 Certification from any government

entity in the Metropolitan Area,

b, The business may seek certification from MI'HA, The business must submit to

MPHA documentation of its Section 3 business status and completed certification forms.

5. Bid Subanission Document~f~ion. All entities or persons submitting bids or proposals

must demonstrate their Section 3 efForts by submitting letters of intent that they will subcontract

at least 10% (conshuction) and 3%(professional service ornon-construction) of the total

contract award to Section 3 businesses or contracts with Section 3 businesses contingent upon an

award of the MPHA work,

6. Respoa~sible Business. Prior to the award of a contract, the MPHA may request that a

Section 3 business provide adequate documentation of ability to perform successfully under the

specifications, terms and conditions of the contract.

7. Section 3 Business List. Attached is a list of certified Section 3 businesses that you

may select in meeting the 10% contracting goal for construction contracts and the 3%contracting

goal for professional service or non-construction contracts,

~. ~Ii~~QYI~EIi~T SAP ~~~'~~~I~ 3 S~~N'~'S

~. ~~ap~oymea~t Goals. "To the greatest extent feasible" at least 30% of the contractor's

~a~~v ~ai~es at all levels shall be Section 3 residents. See 24 C.F.R. § 135.30(b). A contractor

may count a newly hired permanent, temporary or seasonal, employee as a Section 3 resident for

the first three years of employment.

2. Section 3 ~Zesident Certification. A person claiming Section 3 status must complete and

provide to MPHA the resident certification form. MPHA will certify all persons claiming

Section 3 resident status.

~'. FA~.IURE TO COl'V~LY

i. Greatest Egfent ~`e~sibf~ Foran. If you are unable to meet the contracting and

employment goals, you must submit to MPHA a completed form demonstrating the affirmative

action taken to comply with the "greatest e~;tent feasible" requirement.

2. ~+a~e ~nfor~ation. Any person who submits false or inaccurate information to

MFHA regarding Section 3 certifications or compliance with goals may lose an awarded contract

or be declared non-responsive for future contracting opportunities with MPHA. Also, MPHA

may report misconduct to HITD for fiu-ther sanctions.

G. QUESTIONS AND FORll~IS To obtain any Section 3 form or for questions, please

contact Ben Jackson, MPHA's Buyer/Section 3 Coordinator, phone at 612-342-1424; fax at

612-335-4496; and e-mail at b~ackson@rnplspha.or~. Also, some forms and information

maybe on MPHA's website at: vaww.mphaonline.org

Et~TtJAL DOUSING OPPQ~TUT~ITY /EQUAL EN.~PLOYl'v~ENT OEPORTUNITY

2/1/2012

f~ ~G

1. ~~b~ei~ a ~ec~eQs~ 3 ~e~s's~ess Ger~6iica~i~~ ~rc~m ~ ~v~.~er~~rse~~ en~i~y ion foe

-t~6~~rc~ps~fi~an ~,c~a. You may became a certified Secfiion 3 business by submit~ing to

NfinnEapolis Public Housing Authority's (MPHA) Procurement DepaRment a curreni

Section 3 Certificate from another govemmenf en~ity in the Metropolitan Area.

2. Car~aply wi~E~ ii~PFf,~'s Sec~i~r~ 3 Ce€~~~ic~~io~ €~6ogEann. To receive a Section 3

business certification from MPHA, the business must comply with MPHA's procedures _'-~

which are listed below in Part 5. If you have any questions or are a business owned by

MPHA residents or are a Youthbuiid program, contact the person listed below.

3. Tire !lfi~tropo6B~ar~ ~F~~ includes 11~1[~l counties: Anoka; Garver, Chisago; Dakota;

~9ennepin; lsanti; Ramsey; Scott; Sherburne; Washington; and ~/Vright and WI Counfies;

Pierce; and St, Croix.

4. Before ~ contract is awarded, MPHA may request a Section 3 tusiness to

provide adequate documentation that the Section 3 business is responsive and has the

ability to successfully perform the terms and conditions or the contract.

5. MPH~'s ~ec~ion 3 B~a~er~ess Ce~¢~ica~io~ ProceeGc~Fe~.

a. Contact MPHA's Procurement Department to request a Section 3 CerEification Packet.

b. Provide to MPHA the required documentation and a completed Section 3 Business

Certificafiion Form.c. Assist MPHA in verifying your Section 3 business eligibility.d. If approved, fVIPHA will issue a Section 3 business certification.e. Notify MPHA of any changes that may affect your cerEification,

£ MPHA may review your Section 3 Business Certification on an annual basis.

6. ~ues~ior~s end Fortes. To obtain any Section 3 form or for questions, please

contact Ben Jackson, NIPHA's Buyer/Section 3 Coordinator: phone at 612-342-1424; fax

at 612-335-4496; and e-mail at bjackson@mpispha.org Also, some forms and

information may be on MPHA's website at: www.mphaonline.orq.

Rev. 02/12

EC~l~f-~L EfiPPLE?Y~lf6Ef~T ~PPC?EtTi l~ft4iTY / E~lJ.~L EVE7El~B6~C E)~€'C3R~~t~ETY

N

Pu

Address:

Phone: E-I~iail:

check your section 3 resident status below:

~G

County:

I am a current resident of the I~iinneapolis Public Housing Authority.

I am a participant in a Youth build Program with

I am a low income person based upon the chart below and live in the Metropolitan. Area,

a. The Metropolitan area includes eleven counties in MN: Anoka; Carver; Chisago;

Dakota; Hennepin; Isanti; Ramsey; Scott; Sherburne; ~Jashinb on; and Wright;

and two counties in WI: Pierce; and St. Crox.

b. My family size is persons and my total gross annual family income is

$ - You must meet the income limits below for your family size.

Family Size Income1 $45,5002 - $52,0003 $58,000

Family Size Income4 $65,0005 $70,2006 $75,400

Family Size Income7 $80,6008 $85,800

I have attached copies of the documents below which are tn~e and correct and proof of my

Section 3 Resident status.

Dwelling lease Current heat or water bill

Evidence of receiving public or government assistance

W-2 Forms ~or federal fax returns for family members over 18 years of age

Other/please explain:

MPHA may verily the information on this form and the attached documents prior to employing a

person or awarding a contract.

Under penalty of perjtuST, I certify that the information on this form and the attached documents

are true and correct.

Date;Signature of Applicant

EQU~aL Ef~~,PLOYfViEPfT O~PORTUf~[Tl'! EQU~eL HOUSIRlG OPP06~T1lNlTY2/'i /2012

MINNEAPOLIS PUBLIC HOUSING AUTHORITY

CERTIFIED SECTION 3 BUSINESS LIST

BUSINESS NAME

CONTACT

PHONE

E-MAIL

Certified Through

TYPE OF WORK

Category 4 A

NAME

A 8~ A

MillworkCassandra or M

ark Aune

612-721-1111caune@aamiliwork.com

12/ 29/15

Specialty License -Supplier- doors frames, hardward, windows,

molding, lumber

ABA Courier Services, L

LC

Abayomi Duroshola

657-353-6711info(a~abacourierservices.com

12/29/15Commercial Courier Service

Abel's Concrete &Construction Services

Abel Piiego651-341-6567

abe12785(~gmail.com

06/28/13General Construction

Above Average Janitorial 8~ Cleaning

Ronald M. Odell

952-212-4444rmodell(c~cfaith.com

01/10/14Final Cleaning, Consturction site cleaning

Access Bakwale Servies

Idee Igboh612-850-5789

bakwale@gmail.com

10/30/12Trash hauling, Supplies -janitorial, o

nce,

paint

ACTION CONSTRUCTION

Jonathan Rose

612-269-8594jnthnrose@~mail.com

03/03/16General Construction, tuck pointing, concrete

AIC Services L

LC

Joel Obia320-290-8127

joelobia@hotmail.com

10/22/14Final Cleaning, Consturction site cleaning

Alpha Construction

Ahmed AI-Beheary

877-502-0222al(a~alphagc.com

10/01/13General Construction

Almikes Computer Recycling

Aloda Sims

612-290-9718almikescomputer@~mail.com

04/17/14Computer Recycling

4merican Contractors &

Associates, LLC

Ricardo Batres612-990-3302

americancontractorsmn.~mail.com

12/29/15General Contractor

MINNEAPOLIS PUBLIC HOUSING AUTHORITY

CERTIFIED SECTION 3 BUSINESS LIS

T

Antonelli &Associates, Il

cAntonelli Lindsay

612-206-4654

antonelli,lindsaV@me.com

05/30/14

General Contractor

Arrington Floor Covering

James Arrington

612-356-0026

j.29varrin~ton@~mail.com

10/01/13

Flooring Covering -carpet, VCT, Sheet, and

Ceramic the

No hardwood Floors

Atlas Construction &Environmental

Norman Jarrett

651-983-7550

~atlasabatement.com

05/23/13

Abatement, survey, remediate

contaminations, lead paint &mold

Barabe Cleaning Services

Paul Barabe

612-291-2925

barabepaul(c~Vahoo.com

10/11/12

Painting, trash hauling, landscape

construction, snow removal

Big G Tech Support, LLc

Gerald Ben-Ami

612-708-9864

gerald@b~tsllc.com

11/24/14

~T Services, Solutions, Hardware, Tecom,

Project Management

Big Jay's Cleaning Service Company

Jerry Marshall

612-871-3083

mrheyyou02@yahoo.com

07/18/12

Office cleaning &maintenance

Bogar Construction

Marvin Smith

612-327-6362

info C~bo~arconstruction.com

06/28/13

janitorial, light demo, fi

nal clean, painting,

trash hauling,

Budget Lee Concrete Construction, LLC.

Franklin Lee

612-226-5493

bu~etlee0l@yahoo.com

02/27/14

Masonry& Concrete

Builders Alliance

Don Speese

612-462-6239

buildersalliances@~mail.com

05/29/15

General Contractors

C 8~ C Contractors, LLC

Cornell Dillard

10/11/13

C. Alan Homes, LLC.

Terry Robertson

Chris Willadsen

763-228-1785

F: 952-443-2787

terry@ultimatemn.com

Chris@ultimlatemn.com

07/18/12

$100,000 +projects

cabinets &countertops, ceilings, painting,

plastering, insulation, masonry, rooting

-flat &

shingles, siding, s

tucco, windows, doors,

glass, HVAC -residential &Commercial,

plumbing, water heaters, carpentry

MINNEAPOLIS PUBLIC HOUSING AUTHORITY

CERTIFIED SECTION 3 BUSINESS LIST

C-Junior H

ardwood Floors &

Remodel,

LLC

Carlos Garceas

612-730-0621info@cluniorfloorin~.com

07/18/13Hardwood flooring, painting, demolition

Capitol Management Services, Inc

Daniel Ward II

651-964-2776daniel@MN-CRG.com

02/24/14Property Management/Broker

Capitol Realty Group, Inc

Daniel Ward II

651-964-2776daniel@MN-CRG.com

02!24/14Realty Services/Broker

Carlos Construction &Handymen LAC

Juan Lozoya612-866-0844

carlosconstruction@live.com02/23/13

$25,001.00 to $100,000.00Commercial &Residential cabinets,

countertops &flooring, Residential painting,roofing-flat &shingles, siding, fencing,

carpentry, windows, doors, glass

Cities 1 Plumbing &Heating

Rirh Peterson6951-274-6323

rich@citieslplumbin~.com

07/24/13Plumbing &

Heating

Code Plus Building &

Remodeling, LLC

Thomas Lang

612-298-1514codepluslang@aol.com

01/01/13

Carpentry, lead paint, cabinets &countertops, flooring, painting, caulking,insulation, masonry, roofing siding, mold

mitigation

Construcco, LLC

Brad Johnson

Construcco@~mail.com

11/24/14General Construction

Crocus Hill Electric C

oElizabeth R

occo

651-221-0261F: 651-221-0354

liz@crocushillelectric.com02/24/14

Electrical, life/Safety systems, wiring & lightin,

low voltage

MINNEAPOLIS PUBLIC HOUSING AUTHORITY

CERTIFIED SECTION 3 BUSINESS LIST

Croix Custom Homes, INC.

Jonathan Herum

715-381-9896

F; 715-531-0131

info C~croixcustomhomesinc.com

08/21/12

Carpentry, roofing, s

iding, cabinets &

countertops, windows,

Crossover Handyman Service, LLC

Clifton Lott

612-203-7340

servant803(q)~mail.com

06/14/12

Painting, drywall, tapping

Custom Home Improvement/DB

Management, LLC

Diane Broe

612-281-5713

h3trfnv

03/20/13

General Construction

D. Roberts Cleaning Service, LLC

Danielle Roberts

612-874-0198

danirob4343@live.com

08/21/12

Cleaning

Destiny Real Estate Investments, LLC

Kevin D. Pollard

651-329-5992

destinVrealestate@comcast.net

07/24/14

Real Estate Services

DFMS Consulting Services, LLC

Haytham Ibrahim

651-497-7601

haVthamibrahim493[a)gmail.com

07/24/13

PE, Consulting Services, Project

Management

Diamond Tip Enterprises LLC dba

Durable Construction

Makram EI-Amin

612-760-4375

elaminma70@gmail.com

03/22/13

General Construction

Diamond Pro Painting

Don Harris

612-532-8394

d3harris@~mail.com

01/10/14

Painting

Dream Sweepers

Annie Fulham

612-978-1251

annieful~ham@~mail.Com

10/17/13

Janitorial Cleaning, Residential, Commercial

turnovers, construction site &Final Clean

Dwayne's Lawn 8~ Snow Care

Clarence D Castile

612-282-4338

Cc25ti1e651(c~hotmail.com

04/26/13

Lawn maintenance, trash hauling, tree

removal and trimming, grounds maintenance

ECW Construction LLC

Edward Walker

952-769-3118

edwardcwalkerl(c~gmail.com

04/24/14

General Contractor

MINNEAPOLIS PUBLIC HOUSING AUTHORITY

CERTIFIED SECTION 3 BUSINESS LIST

Emerge Construction, L

LC.

Leslie Myles612-282-0522

mVles644@aol.com

07/05/12Consultant-Architecture, Concrete, H

VAC,

plumbing, water heaters, wiring &lighting,low voltage

Escobar Flooring

Marvin Escobar HectorEscobar

g52-292-2349americancontractorsmn.~mail.com

07/09/13FLOORING -ALL TYPES

Everest Cleaning Systems

Anthony Dahl651-274-0794

everestsVstems.anthonV@~mail.com

12/29/15Janitorial Services/Final Clean

Frameworx Construction

Anthony Carter651-231-4552

Anthony(a)frameworxconstruction.com

04/22/13General Construction

G. F. Services L

LC

Gerald Foster612-919-2959

~fservicesllC@yahoo.com

10/22/14rehab/remodeling, construction site cleaning,

final clean

G. I. G

. Services, L

LC

Rasheda L. Pettiford

651-797-8746651-621-4948

mrsienkins.rp(q~~mail.com01/10/14

.lanitorial, Construction Site,FinalCleaning,Painting &

Asbestos abatement

Great Lakes Restoration Inc.Tyrone Daniels

612-384-6551glrestorationinc(c~yahoo.com

12/29/15General Contractor

Griggs Companies DBA McCormick

InsulationHeather Griggs

651-699-4149heather@~rig~scompanies.com

10/01/13Insulation'

Griggs Companies DBA Filter a

nd Systems

Heather Griggs651-699-4149

heather(c~~ri~~scompanies.com10/01/13

Filter &Systems

Hands Construction, L

LC

Betty.Roberts-Hand763-600-4073

betty@handsconstructionllc.com

12/29/15General Construction

MINNEAPOLIS PUBLIC HOUSING AUTHORITY

CERTIFIED SECTION 3 BUSINESS LIST

Hardin Corporation

Calv

in Hardin Brianca

Hardin

763-464-7034

hardinl@netzero.com

03/28/13

Pain

ting

HDF, LLC

Marco Gresham

952-2125147

hdfcleanin~llc@~mail_com

07/10/14

Jani

tori

al and construction cleaning

Hogol Transportation Agency

Muse Daud

612-222-2164

kaafi2nd@vahoo.com

07/02/14

Package Delivery &Courier Ser

vice

s

Holliday Construction Inc

.Troy Holliday

612-889-0674

tjholliday mvexcel.com

03/2

8/12

Painting Int

erio

r, concrete co

nstr

ucti

on,

landscaping, lawn ma

inte

nanc

e, tre

e removal

Home Endeavors

Kija

Humphrey

952-486-3309

homeendeavorsmn@yahoo.com

01/1

0/14

Gene

ral Remodeling

Houa"s Spe

cial

ty Pai

nt, LLc

Houa Xiong

651-307-0123

houa xion~@netzero.net

11/26/14

Painting

Hosea Construction Group LLC

Arel

ia Hosea

763-483-8825

HoseaArelia@~mail.com

02/2

4/14

Gene

ral Co

nstr

ucti

on

HR Artistic Contractors

Herman Johnson

312-882-9647

hrartisticcontractors@~mail.com

12/2

9/15

Gene

ral Contracting

Info

rm Transform, LLC

Maryanne Anyanwu

612-590-9836

mimianVa(~~mail.com

10/23/12

Roof

ing,

sid

ing,

windows, doors, gl

ass,

capentry

Initiative Construction Inc

Issac Ca

rpen

ter

612-499-0005

issa

c(~i

niti

ativ

econ

stru

ctio

n.co

m07/25/13

Carpentry, Drywall

MINNEAPOLIS PUBLIC HOUSING AUTHORITY

CERTIFIED SECTION 3 BUSINESS LIST

Integrity Cleaning SolutionsJames Scott

612-786-1667rxiscott@vahoo.com

01/24/12Janitorial a

nd construction cleaning

lyawe and Builders Associates

Simon lyawe

612-267-2880siVawe@iaabuilders.com

01/26/12General Construction

JL HARDWOOD FLOORS

Juan Lozano

612-644-5532jlhardwoodfloorsl@yahoo.com

05/02/13Flooring, hardwood, Sanding, Carpet, V

CT,

Sheet Vnyl, C

eramic Tile, Installation

KMS AIR DUCT CLEANING

Ken McCraley

612-822-6677ken(c~kmsclean.com

12/29/15General Contractor, Air Duct Cleaning

L. Newell Company

Lawrence Newell

320-434-0721Ineweiicompanv@vahoo.com

12/29/15Painting (interior &exterior), drywall,janitorial, lead firm, lead supervisor

Cabinets &countertops, flooring, furniture &accessories, painting, w

indow coverings,

Laides Lending a Hand, LLC

Brenda Jenkins612-423-2303

brenda.11ah@~mail.com

07/24/14caulking/tuckpointing, insulation, masonry,

roofing, siding, asbestos, lead paint,carpentry

Roofing, Siding, Stucco, Masonry, Flooring,

Larkins Construction, LLC

Demetrius Larkins612-703-0156

Demetrius.larkins(a~yahoo.com07/25/13

cabinets, painting,Up to $

100,000

Leonard Lohnes LLC.

Leonard Lohnes

612-703-2784leon8rd.lohnes6786(~Comcast.net

01/01/13Roofing, painting, carpentry

Cabinets &countertops, flooring, furniture &accessories, painting, w

indow coverings,

caulking/tuckpointing, insulation, masonry,Lithander Property Services, L

LC.

Kevin Lithander612-245-4663

klithander@~mail.com

01/01/13roofing, siding, asbestos, lead paint,

carpentry, HVAC, plumbing, water heaters

electrical, low voltage, asphalt, concrete,fencing, landscape, carpentry, lawn, trash

MINNEAPOLIS PUBLIC HOUSING AUTHORITY

CERTIFIED SECTION 3 BUSINESS LIST

Loef

fel Co

nstr

ucti

onBrian Lo

effe

l61

2-35

4-78

81Brian.loeffel(a)vahoo.com

07/25/13

Carpentry, Con

cret

e, Cab

inet

&Countertops,

Masonry, Windows, Door & wea

ther

izat

ion

Gene

ral Co

nstr

ucti

on

Lore

nzo'

s Complete Flooring

Lorenzo Daniels

612-

981-

9780

lare

nzo.

dani

els@

~mai

l.co

m05/27/14

Floo

ring

M 8~ R Jan

itor

ial and Cle

anin

g Se

rvic

esJames Robinson

612-

501-

4260

Jrob

inso

n.mr

iani

tori

al(c

ilgm

ail.

com

07/11/12

Janitorial and

Mai

nten

ance

Bui

ldin

g

MacC

rete

Con

stru

ctio

n, LLC

Ericka &Mike Mackay

612-377-2775

maccretemikemac@gmail.com

emac617@msn.com

07/18/12

Concrete &masonry

Mack'n Ent

erpr

ises

, LLC

Larcell Mack

612-

221-

1071

m2ckinenterprisesllC@~mail.com

03/14/14

floo

ring

,pai

ntin

g,ca

ulki

ng,s

tucc

o,windows

Marlowe &Douglas Drywall LLC

dames Dou

glas

Fr

edMarlowe

612-963-0792

jamesdrywall@hotmail.com

02/06/13

Dryw

all

Marg

arit

a M Sweeney

Margarita M. Sweeney

612-

928-

9327

~itasweeneV@~mail.com

07/31/14

DevelopedProfessional Services

Mast

er Floors

Michele Smith

651-

528-

6540

michele@masterfloorsmn.com

11/0

7/13

Floo

r Covering-Carpet,VCT, She

et Vin

yl,

Cera

mic Tile

Midwest Con

stru

ctio

n Group

Mike McHugh

952-393-4400

mmchu~h(a~mc~-mn.com

04/18/12

Gene

ral Construction

Midwest Select Co

ntra

ctin

g LLC

Edna McK

enzi

e612-207-4986

edna

(~mi

dwes

tsel

ectc

ontr

acti

n~.c

om12/29/15

Gene

ral Co

ntra

ctin

g

Mile

s 8~ Mil

es Pai

ntin

g Co. LLC

Lawr

ence

Mil

es61

2-38

2-94

61Iawrence.mile51960@yahoo.com

08/2

1/14

Painting (in

teri

or &exterior)

MINNEAPOLIS PUBLIC HOUSING AUTHORITY

CERTIFIED SECTION 3 BUSINESS LIST

Mitchell Construction Inc.Anderson Mitchell

612-588-3112am@mitcheliconstructiomm~.com

10/11/12General Construction

Native concrete 8~ Masonry Inc

Charles Monette612-597-0421

cmonette2004@msn.com

02/05/13Caulking/tuckpointing, masonry, concrete,

landscape, poured concrete walls,foundations &

fireplaces

New Generation, Inc.

Heather McCready

651-430-0938heather@newgenerationdrVwall.com

06/28/12Drywall

New World Electric L

LC

Joseph Christensen612-229-7960

newworldelectric@yahoo.com

04/26/13Electrical Contractor up 1

0 $100,000

NRG Mechanical L

LC

Richard A Greslzyk

651-210-7793nrgmechllc@yahoo.com

02/24/14Mechanical

Nu Century Painting

Cynthia Williams

612 298-3511

nucenturyp2intin~@~mail.com

12/29/15Painting, final cleaning up to $100,000

P G Painting a

nd Decorating

Paul Galles651-366-8336

p~paint@msm.com

12/29/15Painting &

lead paint

Passan Construction

Pascal Njoku651-230-2579

passan2001(c~Vahoo.com10/11/12

Carpentry, Lead Paint,cabinets, celings,flooring, painting, plastering, caulking,

insulation, masonry, roofing, siding, stucco,windows, doors, gla

PESO Companies

Omar Ruiz

612-236-3822ramo994@~mail.com

03/31/14roofing, siding, stucco, demolition

Prestige Construction &Remodel

Jose Martinez651-.338-5146

presti~einfo@perbuilds.com10/21/14

General Construction

MINNEAPOLIS PUBLIC HOUSING AUTHORITY

CERTIFIED SECTION 3 BUSINESS LIST

Prime Construction &Painting, LLC

Richard Brown

Angela Brown

612-367-4314

F: 612-367-4314

primeconstruction@comcast.net

08/21/12

Painting, roofing, siding, windows, doors,

glass, carpentry, trash hauling

Quality Solutions Services, LLC

Sanika Brown

651-247-7028

sbrown8112@gmail.com

09/23/14

Janitorial, site cleaning

Rambo Insulation

Mitchell Brown

952-484-6227

ramboinsulation(a~Vahoo.com

05/28/14

Insulation new and old homes

Real Estate Partners

Patty Plourde

952-230-3948

patty@pattVplourde_com

12/29/15

Real Estate Services

Real Life MN, LLC

Steve Anderson

612-366-0828

reallifeconstruction@~mail.com

03/28/12

Lead paint, caulking, tuckpointing, insulation,

masonry roofing flaUshingles, siding, stucco,

windows, doors, carpentry, cabinets, fl

ooring,

painting, plastering, concrete, f

encing

R. R. I.

Masonry &Construction LLC

Robert Ross

651-231-2847

robertross9l@aol.com

02/24/14

General Contractor

2eliable Property Maintenance and Home

Service, LLC

William Washington

952-955-6432

F: 952-955-7032

billw@lionslink.com

07/24/12

Cabinets, countertops,ceilings, f

looring,

painting, window coverings,

caulking/tuckpoints, insulation, masonry,

roofing, sl

ing, windows, doors, glass,

ashphalt patching, carpenty, fi

re alarm

testing, trash hauling, tree removal

Reese's Property Management

James Reese

651-226-5779

rpmlawnservice@~mail.com

02/05/13

Fencing, landscape construction, snow

plowing, sa

lting &sanding, welding, torch

work, cutting, grinding &steelwork

Robinson Environmental Inc.

Tim Robinson

763-566-4242

usertim695Ca~aol.com

05/20/13

Abatement, Asbestos &Lead, Light Demo

MINNEAPOLIS PUBLIC HOUSING AUTHORITY

CERTIFIED SECTION 3 BUSINESS LIST

Rogers C Co.

Roger Caldwell

651-399-3243ro~ers.Caldwellco@Vehoo

08/21/14Flooring, painting, plastering,

caulking/tuckpointing, trash hauling, lightdemo, final cleaning

Ross Electric C

o. Inc

Cederic Ross

612-702-7840rossfourme@Vahoo.com

06/28/13Electrical

Sharp Heating a

nd Air Conditioning, Inc

Debbie Morgan

763-572-0459debbie@sharpheating.com

12/29/15Heating &

Plumbing Contractor

S & L Masonry, LLC

GelarioStephanie Marlow

612-810-5684F:763-241-9120

slmasonarV@msn.com

02/05/13Brick, block &

stone, historical restoration &

concrete construction

Signs on the Side

Kevin Belcher612-870-7362

signsontheside(c~aol.com04/08/13

Painting, Lawn Maintenance, Siding &Plastering

Up to $

100,000

SK8~N Environmental Safety Services,

Inc.Steven King

651-343-8424skandn@yahoo.com

07/25/13Abatement, Asbestos, Lead, demolition

Snow &Sun Painting

Arnold Gonzales612-250-2616

arn12000(~hotmail.com

05/20/13Painting

Stela ConstructionTesfalem Kibreab

651-354-4112tesfalem123674@yahoo.com

06/28/13General Construction

Steve Martin Construction

Steve King612-462-8191

steven.martin1977@~mail.com

07/25/13Carpentry, cabinets, &countertops, painting,

wall/window coverings, windows, doors,glass, lead paint, lawn care

Stucco Restoration &

Bldg Restoration

ServicesArt White

restorationservices60(c~Vahoo05/0 1/15

Stucco Repair &Bldg Services

Suess Electric, L

LC

Susan Suess Thomson

651-429-0968Info(«~suesselectric.com

12/29/15Electric Contractor

MINNEAPOLIS PUBLIC HOUSING AUTHORITY

CERTIFIED SECTION 3 BUSINESS LIST

Sun Building Cleaning, Inc

Jason Ko

952-220-8902

sbci@live.com

02/05/13

Office cleaning, construction cleaning

The Bethel Group

Daniel Ward

612-807-7710

daniel(c~thebethel~roup.com

02/22/13

General Construction

The McGlory Group

Matthew McGlory

612-281-5939

matthew.mc~lory@~mail.com

04/18/12

Landscape construction, lawn

fertilization &

Week contral, lawn maintenance, trash

hauling, tree removal &trimming. Appliances

new &used, computer equipment.

TLS Decorating &Remodeling , LLC

Altreko

Little

651-221-0261

tlsremodelin~@hotmail.com

05/28/14

painting/wall coverings, remodeling

Today Venture INC

Afolorunso Osisanya

612-481-1734

folleyfolley@gmail.com

10/11/12

Flooring, Painting, window coverings,

caulking/tuckpointing, windows, door, glass,

trash hauling

Total) Contracting LLC

Mike Total)

612-919-2711

tci(a~usfamilv.net

04/18/12

Roofing

twin Cities Home Painting Services, LLC

Jose Luis Medina

651-276-9921

medinapaintingl@hotmail.com

02/23/13

Painting

Urban Construction, LLC.

Yohance, Moore

612-598-2359

urbanconstruction@live.com

06/12/12

Cabnets &countertops, ceilings, fl

ooring,

painting, plastering, window coverings,

caulking/tuckpointing, insulation, roofing,

siding, windows, doors, glass, low voltage,

fencing, carpentry, trash hauling

Ultimate Interiors, LLC.

Terry Robertson

Chris Willadsen

763-228-1785

F: 952-443-2787

terry@ultimatemn.com

Chris@ultimlatemn.com

07/18/12

Flooring -carpet, VCT, sheet vinyl, ceramic

the

Xstream Plumbing LLC

Suzanne Boyer

612-369-4981

suzanne(~xstreamglumbin~.co

07/25/13

Plumbing Contractor/Master Plumber

MINNEAPOLIS PUBLIC HOUSING AUTHORITY

CERTIFIED SECTION 3 BUSINESS LIST

Category 4 B

AnderBel, LLC

Robert Belton612-685-2281

robertCc~anderbelconstrucction.com05/24/12

Carpentry, Concrete, Masonry and

Architectural Services

Atlas Abatement &Contracting, LLc

Norman Jarrett

612-588-1255ni@2tlasab2tement.com

05/24/13Abatement &Construction Services

Boone Containers, Inc.

Gerald Boone

O: 612-331-4381

F: 612-331-4928

sharonpboone@gmail.com

06/28/14Dumpsters & Containers

Builders InstituteBernadette Chandler

612-723-7464buildersinstitutemn(q)~mail.com

12/29/15Construction Training

C. O. H. O. Enterprise

G A Foster

763-443-1665gafosterl8@comcast.net

03/22/13Lawn care, s

now removal, lead abatement,

site cleanup, weatherization

Covenant Electric, Inc

Eddie Graydon Barbara

Graydon

O: 612-554-2066

C: 612-5542067

e~raVdon(c~covenantelectric.com03/02/13

Electrical ContractorbgraVdon@covenantelectric.com

D 8~ J

Steel ConstructionDonald Steele

612-728-9909no.problem(a~dandlsteele.com

02/05/13General Construction

Dennis Environment Operations

Denise Zaske

651-488-4835deo-email(a~gwestoffice.net

12/29/15Abatement, Asbestos &

Lead Paint

DJD Construction

Bill Edgeworth763-5595036

bed~eworth@dldconstruction.com

12/29/15General Construction

MINNEAPOLIS PUBLIC HOUSING AUTHORITY

CERTIFIED SECTION 3 BUSINESS LIST

Kendall's Ace Hardware

Tom Hoemke

651-776-6996

tom@kendallsace.com

12/29/15

Hardware Materials/Supplies

L. Hall &Associates

Lester Hali

612-588-1404

jack5onha111365@msn_com

07/18/12

Janitorial, painting, lawn maintenance &

fertilization, trash hauling, landscaping

Lead Investigative Services, Inc

Frederick Newell

651- 403-2266

nasi(a~gwest.net

07/18/13

Abatement, Lead Firm, Clearance testing

Luken Architecture, P.A.

Ellen Luken

612-630-0074

Eluken(a~lukenarch.com

01/30/14

Architecture Firm

Nails Construction Company

Frederick Newell

651-403-2266

naSiCa~gwest.net

07/25/13

General Construction

New Era Renovation

Henry Hernandez

612-360-7628

newerarenovation@gmail.com

03/28/13

Asbestos/Lead Supervisor,

Northland Concrete 8~ Masonry

Dan Stephenson

612-363-1167

dansCa~northlandcm.com

05/29/14

Concrete/Masonry

North Metro Builders

Sue Ouellette

612-396-4267

sueolet@Vahoo.com

04/26/13

Carpentry, cabinets, &countertops, ceilings,

flooring, painting, plastering,

caulking/tuckpointing, insulation, masonry,

roofing, siding, windows, doors, glass, up to

and more than $100,000.

NuCore Products Inc.

Brad McCumber

612-685-2208

bradmccumber@nucoreproductsinc_co

02/25/14

Bath surrounds, installation, carpentry

m

MINNEAPOLIS PUBLIC HOUSING AUTHORITY

CERTIFIED SECTION 3 BUSINESS LIST

Ramsey Excavating C

o.

Sheri Loegering612-529-0077 x

203

sheril@ramseyexcavating.com

11/26/14Excavating

RBM Home Repair 8~ Janitorial Services

LLC

Robert Mateen

612-636-1250rbmmateen@Vahoo.com

02/24/14Residential H

ome Repair, Janitorial Services

Satoree Design

Heidi Pierce612-963-0368

f:612-823-0044

heidi(q)satoreedesign.com02/25/13

Cabinets, Countertops, Installation

Supreme Painting, L

LC

Antar Washington651-315-4368

antarwashingtonCa~~mail.com

12/29/15Painting contractor

Tasks Unlimited Building Services

Steven Lockwood

612-871-3320slockwoodC~tasksunlimited.org

12/29/15Janitorial Services/Final Clean

Terra's Canopies, LLC

Phillip Castano651-246-5396

info@terrdscanopies.com

05/05/14Canopy &Services

The Network for Better Futures

Steve Thomas

612-455-6133deb(a~betterfutures.net

07/25/14Recycling,

Tri-ConstructionCalvin LittlejohnLester Royal

612-529-5924Calvin@tri-construction.com

12/29/15General Construction

Category 4 C

All Agape Construction C

ompany LLC

Robert or Vertrice Griffen612-377-4756

F: 612-377-4754vertrice.~riffin@alla~ape.com

02/28/13General Construction -

Masonry, Briklaying,

Stone, Chemical Cleaning

MINNEAPOLIS PUBLIC HOUSING AUTHORITY

CERTIFIED SECTION 3 BUSINESS LIST

Alli

ed Electrical &Industrial Supply Co.

Valerie Mc

kiss

ack

612-396-8977

vmckissack@allied-electrical.com

07/24/13

Elec

tric

al/M

echa

nica

l Supplier

Inc.

AMANI CONSTRUCTION &

Jeni

ffer

Kuria

612-

232-

7264

jennykuria@yahoo.com

01/23/15

General Co

ntra

ctor

sRENOVATIONS , LLC

Landscape construction, la

wn fer

tili

zati

on &

AnderSunn Lawn Ser

vice

Duane And

erso

n612-801-1877

duan

e.an

ders

on@a

nder

sun.

biz

05/30/12

weed con

trol

, lawn maintenance, tr

ash

haul

ing,

tree

rem

oval

&tr

immi

ng

General Contractor, $

100,000 +projects,

cabinets &countertops, ce

ilin

gs, painting,

Arta

Con

stru

ctio

n Group

Nawa

l Noor

612-

590-

2758

nawa

l.no

or@l

ive.

com

12/2

9/15

plastering, w

indo

w coverings, si

ding, s

tucc

o,windows, doors, gl

ass,

appl

ianc

es,

play

grou

nd equipment, plumbing, wa

ter

heaters, car

pent

ry,s

ite work

City

Construction Services LLC

Sean Burress

612-386-2561

City

ConstructionOffice@gmail.com

02/2

4/14

Gene

ral Contractor

Conc

rete

Con

stru

ctio

n, caulking/tuckpointing,

DLF Masonry Restoration

Dale

Fenner

763-420-2794

daleC~DLFMR.com

01/2

4/12

stucco, windows, doors, gl

ass

Contracts more $100.000

ECO Cleaning Solutions, LLC

Kyle Veenis

651-592-3899

kveenis@eco-cleaned.com

01/2

4/12

Window cle

anin

g, snow plow, ja

nito

rial

,co

nstr

ucti

on cle

anin

g

Falcon Communications Group

James Frisco

612-290-1059

frisco@falconcomm~roup.com

07/18/13

Low Voltage, Telephones, Cabling, Sa

les,

Serv

ice,

CCTV

MINNEAPOLIS PUBLIC HOUSING AUTHORITY

CERTIFIED SECTION 3 BUSINESS LIST

Cabinets, countertops, ceilings, flooring,painting, plastering, caulking, insulation,

Fredrickson Properties LLC

Jonathan Fredrickson612-849-2221

ppi@SOuthmetr0-ppi.COm

01/03/12masonry, roofing, siding, windows, stucco,

lead paint, asphalt, concrete, fencing,carpentry

Generation One Contracting, L

LC

Voldee Morris612-272-4428

~lcontractin~@aol.com

10/21/14General Contracting, D

emo, Carpentry &

finished carpentry

Carpentry, Civil/structural engineering,cabinets, &countertops, ceilings, flooring,

Jamek Engineering Services, Inc.

James Ekhator

763-232-4409jamek02@yahoo.com

12/01/15painting, plastering, caulking/tuckpointing,

insulation, masonry, roofing, siding, windows,doors, glass

Mapp House Services, L

LC

Francis Ikonagbon763-439-3178

fikonagbon@yahoo.com

12/29/15Painting(Interior &Exterior)

MN Reo Solutions L

LC

David Wordlaw

763-205-9383david@mnrsllc.com

04/22/13Mold Remediation &Remodeling Co.

4/1/2015

MINNEAPOLIS PUBLIC HOUSING AUTHORITY

CERTIFIED SECTION 3 RESIDENT LIST

RESIDENT NAME

PHONE

E-MAIL

TYPE OF WORK

EXPIRES

Aaron Bohonko

612-481-3196abohunko@yahoo.com

Painting, caulking/tuckpointing, insulation, roofing, siding,

window &doors carpentry concrete

2/26/2012

Ashanta Walker

612-521-4688

ashantawalker@yahoo.comCarpenter

HIRED

Cedric W. Wash

612-281-9625

H:612-345-4140

wash mn1@comcast.net

Union carpenter -- w

indows, doors, glass, concrete

construction7/18/2012

pweikle@comcast.net

Craig Allen Nelson612-722-5125

cannelson@comcast.net

Cabinets, Ceiling -acoustical-suspeneded, finish carpentry,

skilled in stairs4/18/2012

Curtis Jones612-244-0799

cllones6000@vahoo.comApprentice -carpenter

2/27/2014

Curtis Parker612-600-4001

www.kavtomm95@~mail.com

Journeyman Carpenter- c2binets, ceilings, painting,

insulation, siding, windows, doors, glass,

6/28/2013

D Rojas

612-205-3640droiasusa@yahoo.com

CarpenterHIRED

Dale Doocy

612-791-0997Painter

Hired

David Smith612-916-1327

dasmith1701@vahoo.com

HVAC Residential/Business, Welding

4/18/2012

Jacfar Hussein612-296-3405

Painting, plastering10/24/2012

Javonte Lynn

612-630-4281

iavontelynn@~mail.comApprentice -carpenter

HIRED

Jeffrey Lee612-636.2848

ieffjlee59@~mail.comCarpentry -

Union

12/27/2012

Jeremiah Harvey

612-205-1329

harvevi381@hotmail.comCarpenter

HIRED

Jessie Trudell612-251-7974

iessietrudell@~mail.comApprentice C

arpenter

9/4/2013

Jimmy Davis

763-807-4578

davisi~mmy41@yahoo.com

Union Laborer

10/21/2014

Joseph Cochran

612-559-0260

ioiocochran@vahoo.comApprentice C

arpentry

9/11/2013

Joshua F. R

ymanowski

612-964-9729

irvmanowski@yahoo.com

Union Carpentry

80/24/2012

Leslie Miller612-267-9340

Ilmiller62@Vahoo.com

Sheetmetal -Union

HVAC Commercial &Residential

4/18/2012

4/1/

2015

Cabi

nets

, & countertops, ceilings-a

cous

tica

l, in

sult

ion,

windows, doors, &g

lass

, framing (stick &metal), drywall,

Leve

l West

612-

871-

4496

west

leve

ll@y

ahoo

.com

mudding &taping,

11/14/2012

Luke

Bol

ton

612-

581-

9040

fordl7racin~6@aol.com

HIRED

Marcus Woods

651-592-6221

marc

us.w

oods

.201

2@~m

ail.

com

Journeyman Car

pent

er2/27/2014

Marg

arit

a M Sweeney

612-928-9327

gitasweenev@~mail.com

Deve

lope

r7/31/2014

Matthew Lar

son

763-732-9073

matt

hew.

p.la

rson

@~ma

il.c

omCa

rpen

try -Union

2/5/

2013

Sheetmetal -Union

Michael Kurpierz

651-

324-

5976

mich

aelk

urpi

erz@

hotm

ail.

com

HVAC- Commercial

4/18/2012

Michael Mu

lree

612-845-7231

mike.mulree@~mail.com

7/14/2012

Michael Knighten

612-

239-

6614

fmf247@~mail.com

Journeyman Electrician

HIRED

Mike Gal

les

612-239-8730

Painting

2/5/2013

Journeyman Carpenter uni

on Re

side

ntia

l &Commercial All

Mike McMillan

763-

516-

8502

keewavdinauto@comcast.net

Phases

4/18/2013

Journeyman Carpenter uni

on Residential &Commercial All

Mike Wal

ker

651-503-2891

spiritwalker6@msn.com

Phas

esHIRED

Mike Shepperson

612-

607-

3476

HIRED

Journeyman Electrician uni

on Re

side

ntia

l &Commercial All

Phyl

lis Carter

763-

354-

0949

phyl

lisc

cart

er@~

mail

.com

Phases

5/21/2013

Quinn Jenkins

651-

797-

8746

mrsj

enki

ns.r

p@~m

ail.

com

Appr

enti

ce Laborer

1/10/2014

Carp

entr

y- Union

Rough and

fin

ish ca

rpen

try,

studs, sheetrock, pa

inti

ng,

plas

teri

ng, ca

ulki

ng, t

uckpointing, roofing, as

phal

t, con

cret

e,

Raphael Du

nlap

1-267-690-0779

mrre

ds.d

unla

p2@~

mail

.com

fenc

ing,

landsccape, law

n ma

inte

nanc

e4/18/2012

Rebecca Bradley

612-

578-

2294

brad

leyr

ebec

ca39

@yah

oo.c

omWelder/Assembler

3/10/2014

floor co

veri

ng, pa

inti

ng, window coverings,

caulking/tuckpointing, ins

ulat

ion,

mas

onry

, as

best

os,

asphalt pa

tchi

ng & see

l coating, con

cret

e, lawn

Rochelle Gil

more

612-

760-

2335

rochelle~ilmore79@vahoo.com

main

tena

nce, tr

ash hauling

8/18/2012

Rovel Le

slie

612-225-8092

5/23/2011

4/1/2015

Shaun Davis

612-559-5239sdott55412@~mail.com

Cabinets &countertops, window coverings, insulation,

roofing, siding &trim, windows, doors &glass, wiring &

lighting, lead paint8/18/2012

Shawn Singleton

612-599-7597slsingleton7@vahoo.com

2/5/2013

Stephen Maier612-722-4507

Sheet metal worker -union2/5/2013

Tom Hanson

763-568-9055

Laborer2/28/2014

Tvere Rankin

612-423-0017

Journey Electrician

HIRED

Tyrone Scott612-756-2541

tNonescott59@yahoo.com

12/29/2011

William Moore III

612-987-1720loriandbill@q.com

Carpentry -Union

Cabinets, countertops, painting, plastering, insulation

roofing, siding12/27/2011

MINNEAPOLIS PUBLIC HOUSING AUTHORITY

NOTICE OF CONTRACT AWARD

1. To: Contractor (Name, Address, Zip Code) 2. Date of Issue

3. Type of Contract

❑Service ❑Supply ❑Construction

4. Bid Opening Date

5. MPHA Contract No. 6. Date of Award 7. Total Amount of Award

Enclosed are two (2) copies of the Notice of Contract Award, Form of Contract, and Notice to Proceed for you to8 complete, execute, acknowledge and return to MPHA within ten (10) days. Return the two originaEs of each formexce t for the Notice of Contract Award. This does not constitute a Notice to Proceed.

9. A. FURNISH a separate Performance and Payment Bond, each for the full amount (100%) of thecontract price. Each Bond must have attached the Surety Agent's Power of Attorney showing it tobe in full force on the same date as the Bond. The date of the Bond must not be prior to the date ofthe contract. An improperly completed or facsimile or other copy of the Bond is not acceptable.Return one original of each Bond.

B. FURNISH a Certificate of Insurance for the amounts and types of coverage specified in the biddocuments and General Conditions, HUD Form 5370. MPHA MUST be named as an "additionalinsured" on both General and Automobile Liability policies. Each such policy of insurance

shall rovide 30 da s rior written notice to MPHA in the event of cancellation.

10. It is important you give careful attention to the details of the above stipulations so that MPHA may execute this

contract without delay and inconvenience to both parties. An executed contract will be returned to you contingentu on the com leteness and a royal of the above mentioned documents.

11. If you have any questions concerning the preparation of the contract documents, contact Larry Bruckner, at(612) 342-1469. Acknowledge your acceptance of this award and intent to enter into this contract by signing

and returning one original of this form to the MPHA Procurement Department, 1001 Washington Avenue North,

-

Minnea olis, Minnesota, 55401.

12 This Procurement: 13. Classification: ❑Small Business ❑Women-Owned

❑

advertised ❑Minority-Owned ❑Other❑

ne otiated

14. Contractor's acceptance.: MINNEAPOLIS PUBLIC HOUSING AUTHORITY

By:

SIGNATURE OF AUTHORIZED PERSON By:

CONTRACTING OFFICERTitle:

Date: Date:

REV 121701

MINNEAPOLIS PUBLIC HOUSING AUTHORITY

FORM OF CONTRACT

1. Date of Issue 2. MPHA Project No. 3. MPHA Contract No.

4. Name &Address of Contractor: 5. Check Appropriate Box

❑

Individual

❑

Partnership

❑ Joint Venture

❑ Corporation organized andexisting under the laws of theState of Minnesota

6. The above stated, hereinafter "Contractor" and Minneapolis Public Housing Authority inand for the City of Minneapolis, Minnesota, hereinafter "MPHA", WITNESSETH: that theContractor and the MPHA for the consideration stated herein mutually agree as follows:

ARTICLE 1. Contract Documents: The Contract shall consist minimally of the following component parts: a. This Instrument,b. General Conditions HUD 5370, c. Special Conditions, d. Technical Specifications, e. Instructions to Bidders, HUD 5369, f. BidForms, g. Addenda, if any. This instrument, together with the other documents enumerated in this Article 1 and in the Bid SolicitationDocuments, which said other documents are as fully a part of the Contract as if attached or herein repeated, form the Contract. Inthe event that any provisions of any component part of the Contract conflicts with any provisions of any other component part, theprovision of the component part first enumerated in this, Article 1 shall govern, except as otherwise specifically stated. The variousprovisions in Addenda shall be construed in the order of preference of the component part of the Contract which each modified.

ARTICLE 2. SCOPE OF WORK: Contractor shall furnish and pay for all labor, materials, parts, tools, equipment,supervision, permits, bonds, insurance and services necessary to satisfactorily perform and complete all work requiredfor ,per Contract and Bid Documents for the total contract priceas stated below. Work to be com leted within da s from date of the Notice to Proceed.

7. Contract Price:

8. IN WITNESS WHEREOF, the parties have caused this instrument to be executed in two (2)on finals, effective on the da and ear MPHA's Contractin Officer si ns this instrument.

9. Contractor 10. ByLegal Counsel (as to form and execution)

(Name of Contractor) MINNEAPOLIS PUBLIC HOUSING AUTHORITYBy

11. By(Authorized Signature)Director of Finance Date

Title (type or print) 12. BY

Contracting Officer Date(Witness Above)

(Complete Certificate of Acknowledgement. See Reverse Side) Rev. 121701

CERTIFICATE OF ACKNOWLEDGMENT BY PARTNERSHIP

STATE OF ) SS On this day of , 20_

COUNTY OF _ ) before me, a Notary Pubiic within and for county, personally

appeared

to me known to be all of the Partners doing business under the Partnership name and style of and to meknown to be the persons described in and who executed the foregoing instrument, and acknowledged that theyexecuted the same as their own free act and deed.

My Commission Expires,

Signature of Notary

County, MN

CERTIFICATE OF ACKNOWLEDGMENT BY CORPORATION

STATE OF ) SS On this day of , 20 ,

COUNTY OF ) before me, a Notary Public within and for county, personallyappeared and to me personally known, who, beingduly sworn, did say that they are respectively the and theof ,the corporation named in the foregoing instrument, and that theseal affixed to said instrument was signed and sealed in behalf of said corporation by authority of its Board of

and said andacknowledged said instrument to be the free act and deed of said corporation.

My Commission Expires

Signature of Notary

County, MN

CERTIFICATE OF ACKNOWLEDGEMENT BY INDIVIDUAL

STATE OF ) SS On this day of , 20 ,

COUNTY OF ) before me, a Notary Public within and for county,appeared known to be the persondescribed in and who executed the foregoing instrument, and each severally acknowledgedexecuted the same as his/her own free act and deed.

My Commission Expires

Signature of Notary

County, MN

personally

that

MINNEAPOLIS PUBLIC HOUSING AUTHORITY

NOTICE TO PROCEED

1. Date of Issue 2. MPHA Project No. 3. MPHA Contract No.

4. Pursuant to the terms of your contract dated:

5. Contractor: 6. For:

7. Project Address

8. Contractors Start Date:

9. Contract Completion Date On or Before: 10. Final Completion Date:

120 days from date of Notice to Proceed -

11. MPHA Contract Administrator:

12. The Contract Administrator is duly authorized to administer your contract for, and in the name of, the Minneapolis

Public Housin Authorit in and for the Cit of Minnea olis MPHA .

13. Enclosed is your executed copy of the Contract. If additional information is needed, notify the Contract Administrator.

14. Acknowledge receipt of this Notice to Proceed by 15. NOTICE TO CONTRACTOR

signing and dating below. Return the . Contractor shall, on a weekly basis, submitduplicate originals promptly to: payroll records electronically utilizing LCP

MINNEAPOLIS PUBLIC HOUSING AUTHORITYTracker. MPHA will not make any paymentunder this Contract unless and until it has received

ATTN: Larry Bruckner certification from the Contractor that suchProcurement Department Contractor and each of its subcontractors have1001 Washington Avenue North made payment to each class of employees inMinneapolis, MN 55401 compliance with the provisions of the General

Conditions, Labor Standards, HUD Form 5370, asapplicable.

16. Accepted by authorized person 17. Minneapolis Public Housing Authority

(Signature)By

CONTRACTWG OFFICER

(Title)

Date

(Name of Firm)

Date

ACORD,~ ~ERTIFICATi E OF LIABILITY INSU~NCE °ATo4~27iosPRoouceR THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIOiV

ONLY• AND CONFERS NO RIGHTS UPON THE CERTIFICATEHOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND ORALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.

INSURERS AFFORDING COVERAGE NAIC #

INSURED INSURERA:

INSURER B:

INSURER C:

INSURER D;

INSURER E:

l'V Y CRl1V GJ

THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN 15SUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING

ANY REQUIREMENT, TERM OR CONDITION OF HNY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS.CERTIFICATE MAY BE ISSUED OR

MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH

POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INSR DD' pOUCYNUMBERPOLICYEFFECTNE POLICY EXPIRATION ~ LIMITS

A

GENERALLIABWTY

~X COMMERCIAL GENERAL LIABILITY

CLAIMS MADE ~ OCCUR'

EACH OCCURRENCE 3 ~ 5OO OOO

PREM SES~Ea occuence $

MED DCP (My ane person) ~ ~ Q Q~Q

SONALBADVINJURY ~ ~ 5OO OO.O

ERALAGGREGATE 3 ~ 5OO OOO

ODUCTS-COMP/OPAGGGEN'LAG~REGATELIMfTAPPLIESPER:

b ~ 5OO OOO

POLICY PRA LOC

AAUTOMOBILE LIABILRY

ANYAUTO

COMBINED SINGLE LIMIT(Eaacc(dent) ~

~ 1 OOO OOO~ ~X

BODILY INJURY(Per person)

~ALLOWNEDAUTOS ~

SCHEDULED AUTOS

X BODILY INJURY(Peraccident)

$HIRED AUTOS

NON-OWNED AUTOS

~

X

PROPERTY DAMAGE(Per accident)

s

GARAGE LIABILITYAUTOONLY-EAACCIDENT S

OTHERTFIAN +ACC

AUTO ONLY: AGG

SANYAUTO$

EXCESSIUMBREILA LIABILITY EACH OCCURRENCE $

AGGREGATE SB X OCCUR ~ CLAIMSMADE

5

SDEDUCTIBLE

5RETENTION S

CWORKERS COMPENSATION ANDEMPLOYERS'LIABILITY

_ X TORSLAT~US OEH-

E.L. EACH ACCIDENT s Must HaveANY PROPRIETOR/PARTNER/IXECUTIVEOFFICER/MEMBERIXCIUDED7 E.L. DISEASE-EA EMPLOYEE $ 1Norkers

.DISEASE-POLICY LIMIT ~ C~(ptfyes,describeunderSPECIAL PROVISIONS below

OTHER

DESCRIP710NOFOPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL VISIONS

MINNEAPOLIS PUBLIC HOUSING AUTHORITY (MPHA) IS A NAMED ADDITIONAL INSURED

FOR GENERAL LIABILITY AND AUTOMOBILE LIABILITY AS THEIR INTERESTS MAY APPEAR.

tK

Minneapolis Public Housing Authority100 Washington Ave. N.Minneapolis, MN .55401Attn: Larry Bruckner

~I/'11\ V LLLI"11 Iv~~

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE IXPIRATION

DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3O pAYS N~RR"TEN

NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL

IMPOSE NO OBLIGA77ON OR LIABILITY OF ANY I4ND 11PON THE INSURER, RS AGENTS OR

REPRESENTATNES.

AUTHORIZEDREPRESENTATNE

ACORD 25 (2001/08) `="""""' ""'.` ""^""," '''""

MINNEAPOLIS PUBLIC HO USING A UTHORITY

- --; PERFORMANCE BOND;>

BOND NO. MPHA Contract #PH-

KNOW ALL BY THESE PRESENTS that+: - ___ _ ' __; '_ (Name and Address of Legal Title of Contractor) .,

-- - .. --> as Pnnc~pa~; hereinafter :- .called Contractor, and Bonding Company, a corporation duly organized under the laws of the State of ~'~' F "; as Surety;

- -- _ _hereinafter call Suety; are held and firmly.bound unto_State as Obligee; in the. amount of; ;

"- - -- Dollars .. (~ )for the payment whereof Contractor and Suretybind themselves their heirs; executors;. adcmnistrators, successors, and assigns, joinfly,and severally; firmly by these presents ;_,

~,.~~=WHEREAS, Contractor has by wntEen agreement dated' ~ ', 20 `,'entered into a contract with the

Minneapolis Pubtc Housing Authority in and for the City} of NLnneapolis, a Body politic'and corporate, State of Minnesota, hereinafter calledivIPHA, for ~ - _ _ - _ .._ . _ : _:

. (Project Description and Project Number) - _ _ _in accordancewith the drawings and specifications prepared by_ - `_4 (I•rame of Architect) ... ----_ .. .; _ _ ,which contract is by Feference made a part hereof referred to as the Contract.

..~: r~_~ _ r: ,. , .~ _.- .- ._ .. .NOW; THEREFORE TAE CONDITIONS OF THIS OBLIGATION is such that tf Contractor shall promptly and faithfully

.perform said Contract then this obligation shall be null and void; otherwise it shall remain in full force and effect. _The Suety hereby waivesnotice of an alteration of extension of time made b th ~ 'y y . e MPHA and its obligation is not affected,by amp such alteration.or extension providedthe same is within the scope of the contract.--Whenever Con~ractoi shall be, and is`declared by MPHA to be in defaulfunder.the Contract, theMPHA having perfotined IvIPHA's obliga~ions'thereunder, the Surety may promptly remedy the' default or shall promptly: -.y

1). Complete the Contract in`accordance"with'its terms"and condihons,'oc` - °''

2). Obtatn a~bid or bids for completing.the Contracf in accordance with its terms. and conditions, and_upon'determination~ by the MPHA and theSurety joinfly of the lowest responsive, responsible bidder, arrange for a contract between such bidder and the MPHA' and make available. .:as work progresses (even though there should be a default or succession of defaults under the contract or contracts of completion arrangedunderthis paragraph)" sufficient funds to pay tfie cost of completion less the balance of the contract price; but not exceeding, including othercosts and damages for which the Surety may be liable hereunder, the amount set forth in the lint paragraph hereof. The term "balance of thecontract price," as used in this paragraph, shall mean the totallamount,payable by State to Contractor. under the Contract and anyamendments thereto, less the amount propeity paid by State to Contractor.- No right of action~"shalt accrue on this bond to or for the use ofany person or corporafion other than the MPHA or successors of the MPHA.

- .t~t

~..1 i

..,.

IN WITNESS WHEREOF, this instrument is executed tWs ' =- day,of ~ • ~- ~ - ~ - - - ": , 2p

-•~ ~. -.,

Executed in Presenceof:. _ - ~ —J----- ~-- - - .-t--- _ ,. ~ (SEAL)

CONTR.ACTORNAME

_VJITNESSAS.TO PRINCIPAL----- --.~ ._.__u_ -_.~~„ ~ -

TITLE

PRINCIPAL

(SEAL)_ SURETY COMPANY NAME — -, ~ _i ~ : ''.'_ ;_: '_~

,~ ; WITNESS AS TO SURETY " ._...- - -- -.--- .._ .- ---ATTORNEY-IN-FACT- --

7460.8 REV-1 12/22/98

~` `__ --~ - - - ---, FORM OF PERFORMANCE BOND `~Page 2

- — _ - '-'' c(Power-of -Attorney of person signing for Surety Company must be attached - - ~ - . jand certified to as in effect on date of bond acknowledgement by Surety) -

,~ - -=CERTIFICATE OF ACKNOWLEDGEMENT OF CORPORATE S_~ .__ _ _ ---- - IIRETY

.STATE OF, , -; ) : -- -_ - -- --.., ..COUNTY OF - -

----.., ~: _ ) ss'~<: ,` On this ~ : -day of ~4 ; . _ :.20- _ .- ; ,

before me a Not Public within and for said county; personally,appeared'- `~ ~ ~' ~ ' --'and--- - - ~'>~ = ~ ~ -- ~ '~ ; to me personally known, who, being by me duly sworn did say that they are

_ respectively''the ;: ~ r, ~ - `and the ~ . - o f. <~ .._ _ . _ _ _ -

the corporation named in the foregoing instrument, and that the seal_affixed to said_instrument is the corporate seal of~said corporation; and that said instrument was signed and. sealed in behalf of said corporation by authority. of rts. Board 'of "- ~ `- ` ~' and said ~~' acknowledges said instii~ment to the free act and deed of "said coiporation: ~_ .

-_.- - _ - <--- - - - ----- - -- ._ . _~

_=; -. Notary Public, County.. - -.

. CERTIF`ICATE OF ACKNOWLEDGEMENT BY CORPORATION "-STATE OFD<. c: ,~ - ) =- , . ,c~:t _ F _ '3__ , r..

~:; .•< COUNTYOF~ .-._. __ .: ~~..' )ss ;'- , .Ontlus day of ~ ~ _ _ t T'20

_ before me; a Notary Public within and for said county, personally appeared - ~ 'andto me personally known, who, being by me duly sworn; did say that they arerespectively _

the ~ 'and the . _ . ~'' o f

..the corporation named in the foregoing instrument, and that the seal affixed-to said instrument is the corporate seal of "~said corporation,. and that.said instniment was signed and sealed in behalf of said corporation by authority of its Boardt - ~..::of - ......: :..: ..~ :,and said , . , „ :- _ - _acknowledges said instrament to the free act'arid deed of said r

r,- - -~ .._ 1~~ _., x rt =~ _ - ~ - ~ Notary Public, County

_ . . , -,..

CERTIFICATE OF ACKNOWLEDGEMENT BY PARTNERSHIP...... , ... _ _ ;.. ::

- _ .. .. r.

STATE'OF ) ~ ~ _ _

COiTNTY OE ) ss On this day of , 20~,.,_before, me, a Notary Public within and for said county; personally_appeared .~ ; ;: -~. ~ ~ ~ ~' -` ~ =and ''

— -- - ' - - -- - - — -- - - , to me personally known to be all of the .Partners doing business under the Partnership name and style of

_::who, being by me duly~swom,_who exeouted the foregoing_instniment and acknowledge tfiat the seal affixed to said, .inshument is the seal of said p`artners3up, and tlat said instniment was signed and sealed in behalf of said partnershipand said partners acknowledge said instrument to the free act and deed of said partnership.

.' . Notary Public, County

- - _ --_.. .

CERTIFICATE OF ACKNOWLEDGEMENT BY IlVDIVIDUAL

STATE OFCOUNTY OF -~ - ~ '- `)'ss _ On this day of , 20before me, a Notary Public within and for said county, personally-appeared - , to me-known to be the person -- - - - - _ ~ - - described in and'~vho executed the foregoinginstrument and acknowledges to me that he/she executed the same as his/her own free act and deed.

Notary Public, County

MINNEAPOLIS PUBLICHOUSING AUTHORITY

LABOR AND MATERIAL PAYMENT BOND

BOND NO.as Principal, hereinafter

(Name and Address or Legal Title of Contractor)

Principal, and Bonding Company, a corporation duly organized under the laws of the State of , as

Obligee, the Minneapolis Public Housing Authority in and for the City of Minneapolis, a body politic and corporate, State of

Minnesota, hereinafter MPHA, for the use and benefit of claimants as hereinbelow defined, in the amount of

Dollars...($ ), for the payment Principal and Surety bind themselves, their heirs, executors,

administrators, successors and assigns, jointly and severally.Principal by written agreement dated , 20 ,entered into a contract with the MPHA

for(Project Description and Project Number)

If Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or

reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full

force and effect, subject to the following conditions:

1) A claimant is defined as one having a direct contract with the Principal or with a Subcontractor of the Principal for labor,

material, or both, used or reasonably required for use in the performance of the Contract, labor and material being construed

to include that part of water, gas, power, light, heat, off, gasoline, telephone service, or rental of equipment directly

applicable to the Contract.2) The above-named Principal and Surety hereby j ointly and severally agree with the MPHA that every claimant as herein

defined, who has not been paid in full before the expiration of a period of ninety.(90) days after the date on which the last of

such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond

for the use of such claimant, prosecute the suit to final judgement for such sum or sums as maybe justly due claimant, and

have execution thereon. The State shall not be liable for the payment of any costs or expenses of any such suit.

3) No suit or action shall be commenced hereinunder by any claimant:

a) Unless claimant, other than one have a direct contract with the Principal, shall have given written notice to any two of

the following: the Principal, the MPHA, or the Surety above named, within ninety (90) days after such claimant did or

furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and

the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed.

Such notice shall be personally served or served by mailing the same by registered mail or certified mail, postage

prepaid, in an envelope addressed to the Principal at any place the Principal maintains an office or conducts its business.

b) After the expiration of one (1) year following the date on which the last of the labor was performed or material was

supplied by the party bringing suit.c) Other than in a court of competent jurisdiction for the county or district in which the construction contract was to be

performed.4) The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereinunder,

inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or

not claim for the amount, of such then be presented under and against this bond.

IN WITNESS WHEREOF, this instrument is executed this day of , 2~

EXECUTED IN PRESENCE OF: (SEAL)CONTRACTOR NAME

BYWITNESS AS TO PRINCIPAL PRINCIPAL

TITLE

(SEAL)

WITNESS AS TO SURETY SURETY COMPANY NAME- By

ATTORNEY-IN-FACT

LAI30R AND MATERIALS PAYMCNT BONDPage 2

The rote of premium on this Bond is $ per thousand. Total unto~in.t ofyremium. is ,$

(Power-of Attorney ofperson signing for Surety Conipan}~ MUST be attached and certified to us in. effecf o». the dafe of bond

uek».oivledgement by Surety Company).

CERTIFICATE OF ACKNOWLEDGEMENT OF CORPORATE SURETY

STATE OF ~

~ _ - ~.COUNTY OF ) ss ~ On tlus day of , 2~

-before me, a Notary Public for tl~e county, personally appeared Attomey~S~-lll-F~Ct Of

to me personally known; who, being by me duly s~vorn, slid sty that they resides) in

,that he is (are) the Attomey(s)-in-Fact of ,the company

described in and which executed the foregoing instrument; that'he knows) the corporate seal of such Goiupan} ;and that the seal

affixed to the within inshument is such corporate seal and that it was affixed b~~ order of the Board of Du•ectors of said Company,

and that he signed said insfniment as Attorneys)-in-Fact of the said Compiny by like order: .

' ' " Notary Public, County

My Commission Expires

~- CERTIFICATE OF ACKNOWLEDGEMENT OF CORPORATION

STATE OF _ ) .. ... . ",

COUNTY OF ~) ss - On this - dap of , 20

before nie, a Notuy Public for the county, personally appeued _ - wd

to ine personally known, who, being by me duly sworn, did siy that they Ire respectively the 2nd the

of ,the corporation nwizd in the foregoing instniment,

The se11 afFixed to the instrument is the corporate seal of thz corporation, and thlt the instrument was signed and sealed in behllf of

the corporation by authority. of its Board of ~- and the lclaiow~ledges the instillment

to the free act' and deed of the corporation,

~~ ~ ~ ~ Notary Public, Cotmty

My Couuuission Expu~es

'CERTIFICATE OF ACKNOWLEDGEMENT BY PARTI~IERSHIP

STATE OF ,_ .)

COUNTY OF ) ss ~ On this day of, ~ , 2U

before me, a Notary Public for t3ie county, personally appeared ~ ~~1to me pai•sonally known to be 111 of the Partners doing business under the

Partnership name of ,who; beuig by me duly s~vonl, ~vho executed the

foregoing instrlunent and acknowledge that the seal'affixed to the instrument is the seal of the p~utnerslup; raid tli2t the instniment

~v~s signed wd sealed in behalf of the partnzrship and the partners ackno~~ledge flee instniment tb the free act and deed of the

partnersluP, .. _

-~ - Not~uyPublic, Count~~ _ -My Conunission E~pu•es

.CERTIFICATE OF ACKNOWLEDGEMENT BY INDNIDUAL

STATE OF ~ -

COUNTY OF ~ ) ss On this d1y of ~, 20

before me, a Notary Public for the county, personally appea~•ed , to me known to Ue the

person - ~ described in and who executed the foregoing instnunent aid aclaiowled~es

fo nie that he/she e:~ecuted the s~une as lusher own free act and deed.

Not~~y Public, COLlllt}~_ My Conunission Expires

-. MINNEAPOLIS PUBLIC HOUSING AUTHORITY

INSTRUCTIONS FOR PREPARATION OFSEPARATE PERFORMANCE AND PAY1I~+NT BONDS ~ ~ ~ .

1. Provide MPHA~with separate Performance and Payment Bonds, each in an~amount of not less than the fullamount of the contract price' (100 %).on forms similar to the attached sample Performance and Payment Bond

.. forms. ~ .

2.. Obtain bonds only from guarantee or surety companies acceptable to the U.S. Government and authorized to do. bnsinessin Minnesota (reference U.S. Treasury C~rcnlar No: 570). Individual sureties,-partnerships or

corporations not in the surety business will noE be acceptable.

3. The name of the Principal shall be shown ezactly as it appears in the contract.

4. Ttie penal sum of each bond shall be not less than the full contract price as specified.

5. If the Principals are partners ~or joint ventures, each member shall ezecute each bond as an individual, with hisplace of residence shown. ~ ~.

6. If the Principal is a corporafion, each bond shall be executed under its corporate seal. If the corporation has nocorporate seal, the fact shall be stated, in vPhich.case a scroll or adhesive sear. shaIl be af~ed following thecorporate name. ~ ~ '.

7. The official character and authority of the persons) ezecnting each bond for the Principal, if a corporation, shall .be certified by.the secretary or assistant secretary under the corporate seal, or there maybe attached copies of somuch of the~records of the corporation as will evidence the"official character and antfiorify of the officer stoning,duly certified by the secretary' or assistant secretary, under the corporate seal, fo be true copies. -

8.. The current "Power-of-Attorney" of the persons) stoning for the Surety Company must be attached to each_ -bond. _ ~ - ~ ~ _

9. The date'of each bond must not be prior to.the date of the conirac~. '" ' "

10. The foIlowing information must be placed on each bond by the surety company:

a. ~ The rate of premium in dollars per thousand; andb. The total dollar amount of premium charged. ~ .

11. The signature of a witness shall appear in the appropriate place, attesting to the signature of each party to thebonds.

12. Type or print the.name underneath~each si~natnre appearing on each bond.

13. An executed copy of each bond must be atEached to each copy of the contract (original, counterpart) intended forstoning•

CAUTION: Eztreme care must be taken in preparing the bonds) so that a portion of the tent of the body of theinstrument appears on the same page as the signatures of the Principal and his surety, or the signatures may be placed onthe reverse of a page containing ~egt. In addition, the continuity from page to page must be clearly evident.

Minneapolis Public Housing AuthorityContractor Sales Tax Documentation

This form must be completed by the firm actually purchasing products.and/or materials used on/for a project for Minneapolis Public Housin4Authority:

Name of Firm;

Minnesota Identification #

Address;

City/ State:

Zip. Code: Phone; Fax

MPHA Contract Number

MPHA Purchase /Implementing Order Number

'Purchase Period: Start Date:

Brief Description of Purchasing Activity:

End Date:

Enter the amount of Sales and/or Use Tax paid on the taxable amount of: $_

Minnesota: $ Minneapolis: $ St Paul: $

Rochester: $ Mankato: $ ~ Other: $

Use Tax: $

I (We) declare under penalties of criminal liability for willfully making a false report that this report hasbeen examined and to the best of my (our) knowledge is true and complete. I (We) have and will retainreceipts and documentation in our files that will be made available to the MPHA upon request to serve asdocumentation verifying the representations made above.

Name: ~ Title:

Signature: Date:

This form must be returned with all contract payment invoices

http ://www.wdol. gov/wdoUscafiles/davisb acon/MN3 6. dvb?~ 1

General Decision Number: MN150036 03/27/2015 MN36

Superseded General Decision Number: MN20140036

State: Minnesota

Construction Type: Building

County: Hennepin County in Minnesota.

BUILDING CONSTRUCTION PROJECTS (does not include single family

homes or apartments up to and including 4 stories).

Note: Executive Order (EO) 13658 establishes an hourly minimum

wage of $10.10 for 2015 that applies to all contracts subject

to the Davis-Bacon Act for which the solicitation is issued on

or after January 1, 2015. If this contract is covered by the

EO, the contractor must pay all workers in any classification

listed on this wage determination at least $10.10 (or the

applicable wage rate listed on this wage determination, if it

is higher) for all hours spent performing on the contract. The

EO minimum wage rate will be adjusted annually. Additional

information on contractor requirements and worker protections

under the EO is available at www.dol.gov/whd/govcontracts.

Modification Number Publication Date

0 01/02/2015

1 03/27/2015

ASBE0034-009 06/01/2014

Rates Fringes

ASBESTOS WORKER/HEAT & FROST

INSULATOR (Includes

application of all insulating ~

materials, protective

coverings, coatings &

finishes to all types of

mechanical systems) ..............$ 41.30 19.83

BOIL0647-007 01/01/2013

Rates Fringes

BOILERMAKER ......................$ 32.40 25.37

-------=--------------------------------------------------------

s~sr000i-o4~ os/oi/zoi4

Rates Fringes

BRICKLAYER .......................$ 35.38 17.17

----------------------------------------------------------------

BRMN0001-049 05/01/2014

Rates Fringes

TILE SETTER ......................$ 29.28 19.67

----------------------------------------------------------------

CARP0068-002 06/01/2009

Rates Fringes

LATHER ...........................$ 33.04 14.87

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CARP0322-004 05/01/2009

Rates Fringes

CARPENTER (Including

Acoustical Installation,

Drywall Hanging & Form Work)

Non Wood Frame Construction.$ 31,79 16.10

Wood Frame Construction.....$ 28.83 8.92

----------------------------------------------------------------

ELECO110-002 07/01/2013

Rates Fringes

ELECTRICIAN (Low Voltage,

including wiring for Alarms).....$ 23.91 10.15+a,b

FOOTTIOTES

a. 1 year service - 5 days paid vacation; 2 years service -

10 days paid vacation; 5 years service - 12 days paid

vacation; 7 years service - 14 days paid vacation; 9 years

service - 16 days paid vacation; 11 years service - 18 days

paid vacation; 12 years service - 20 days paid vacation

b. 8 Paid Holidays: New Year's Day; Memorial Day; 4th of

July; Labor Day; Thanksgiving Day; Day after Thanksgiving;

the normal work day preceding Christmas Day; & Christmas Day

----------------------------------------------------------------

ELECO292-011 05/01/2014

Rates Fringes

ELECTRICIAN ......................$ 36.53 26.08

----------------------------------------------------------------

* ELEV0009-002 O1/O1/20151

Rates Fringes

ELEVATOR MECHANIC ................$ 44.93 28.385

FOOTNOTE:

PAID VACATION: Employer contributes 8% of regular hourly

rate as vacation pay credit for employees with more than 5

years of service, and 6% for 6 months to 5 years of service.

PAID HOLIDAYS: New Years Day, Memorial Day, Independence Day,

Labor Day, Veterans Day, Thanksgiving Day, Friday after

Thanksgiving, and Christmas Day.

----------------------------------------------------------------

ENGI0049-042 05/01/2014

Rates Fringes

OPERATOR: Power Equipment

GROUP 1 .....................$ 36.94 16.45

GROUP 2 .....................$ 36.60 16.45

GROUP 3 .....................$ 35.19 16.45

GROUP 4 .....................$ 34:85 16.45

GROUP 5 .....................$ 34.68 16.45

GROUP 6 .....................$ 33.17 16.45

GROUP 7 .....................$ 32.05 16.45

GROUP 8 .....................$ 30.04 16.45

POWER EQUIPMENT OPERATOR CLASSIFICATIONS

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GROUP 1; Truck & Crawler Crane with 200' of Boom & Over,

including Jib ($.50 premium with 300' of~Boom & over,

including jib); & Tower Crane 250' & Over.

GROUP 2: Truck & Crawler Crane with 150' of Boom, up to but

not including 200' of Boom, including Jib; & Tower Crane

200' & Over.

GROUP 3: Traveling Tower Crane; Truck & Crawler Crane, up to

but not including~150' of Boom, including Jib; Tower Crane

(Stationary) up to 200'; All-Terrain Vehicle Crane, Boom

Truck over 100 ft, Dragline.

GROUP 4: Backhoe/Track/Trackhoe, Hoist (3 drums or more);

Overhead Crane (inside building perimeter), Excavator,i

GROUP 5: Asphalt Spreader, Bulldozer, Curb Machine, Drill,

Forklift, Compressor 450 CFM or over (2 or more machines);

Boom Truck up to 100 ft, Loader over 1 cu yd, Hoist (1 or

2 drums); Mechanic, Milling Machine, Roller, Scraper,

Tractor over D2.

GROUP 6; Bobcat/Skid Loader, Loader up to 1 cu, yd., Tractor

D2 or similar size.

GROUP 7: Compressor 600 CFM or over, Crane Oiler, Self

Propelled Vibrating Packer.

GROUP 8: Oiler, Greaser (Tractor/Truck).

----------------------------------------------------------------

IRON0512-002 06/09/2013

Rates Fringes

IRONWORKER, ORNAMENTAL,

REINFORCING, AND STRUCTURAL......$ 34.15 22.05

----------------------------------------------------------------

LAB00563-006 05/01/2012

Rates Fringes'

LABORER

Group 1 .....................$ 28.46 15.82

Group 2 .....................$ 28.96 15.82

LABORERS CLASSIFICATIONS

GROUP 1 - Common or General Laborer, Asphalt Raker, Asphalt

Shoveler, Carpenter Tender, Concrete Saw, Form Stripping,

Mason Tender (Brick, Cement/Concrete), Plaster Tender,

Scaffold Builder (Brick and Masonry), Top Person, Vibrating

Plate

GROUP 2 - Pipelayer, Bottom Person

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LAB00563-007 01/01/2012

Rates Fringes

LABORER (ASBESTOS ABATEMENT)

Removal from Floors, Walls

& Ceilings ..................$ 27.33 14.94

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PAIN0386-001 05/01/2012

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Rates Fringes

Drywall

Finisher/Taper ..............$ 30.17 18.67

----------------------------------------------------------------

PAIN0386-012 05/01/2014

Rates Fringes

Painters:

Brush & Roller ..............$ 32.88 18.46

Spray .......................$ 32.88 18.46

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PAIN1324-006 06/01/2012

Rates Fringes

GLAZIER ..........................$ 35.69 13.95

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PLAS0265-005 06/01/2014

Rates Fringes

PLASTERER ........................$ 30.02 19.62

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PLAS0633-054 05/01/2012

Rates Fringes

CEMENT MASON~CONCRETE FINISHER...$ 32.39 16.60

----------------------------------------------------------------

PLUM0015-011 05/01/2014

Rates Fringes

PLUMBER (Excluding HVAC Pipe

Installation) ....................$ 31.11 20.17

FOOTNOTE:

Paid Holiday: Labor Day ----------------------------------------------------------------

PLUM0417-003 06/01/2013

Rates Fringes

SPRINKLER FITTER (Fire)..........$ 40.08 21.00

FOOTNOTE:

Paid Holidays: Memorial Day; July 4th; Friday before Labor

Day; Labor Day; Columbus Day; & Thanksgiving Day

----------------------------------------------------------------

PLLiM0539-001 05/01/2012

Rates Fringes

PIPEFITTER (Including HVAC

Pipe Installation) ...............$ 36,52 25.21

----------------------------------------------------------------

ROOF0096-022 05/01/2014

Rates Fringes

ROOFER ...........................$ 35.06 14.68

FOOTNOTE: Paid Holiday - Labor

----------------------------------------------------------------

Day

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SHEE0010-052 05/01/2009

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Rates Fringes

SHEET METAL WORKER (Including

HVAC Duct and System

Installation) ....................$ 38.46 18.34

FOOTNOTE: Paid Holiday: Labor Day

----------------------------------------------------------------

TEAM0346-005 05/01/2014

Rates Fringes

TRUCK DRIVER

2-Axle Dump Truck...........$ 25.90 13.50

3-Axle Dump Truck...........$ 26.15 13.50

----------------------------------------------------------------

SUMN2009-045 07/27/2009

Rates Fringes

INSTALLER - SIGN .................$ 20.32 5.05

LABORER: Landscape ..............$ 12.88 4.61

----------------------------------------------------------------

WELDERS - Receive rate prescribed for craft performing

operation to which welding is incidental.

Unlisted classifications needed for work not included within

the scope of the classifications listed may be added after

- award only as provided in the labor standards contract clauses

(29CFR 5.5 (a) (1) (ii)).

The body of each wage determination lists the classification

and wage rates that have been found to be prevailing for the

cited type s) of construction in the area covered by the wage

determination. The classifications are listed in alphabetical

order of ~~identifiers" that indicate whether the particular

rate is a union rate (current union negotiated rate for local),

a survey rate (weighted average rate) or a union average rate

(weighted union average rate).

Union Rate Identifiers

A four letter classification abbreviation identifier enclosed

in dotted lines beginning with characters other than "SU" or

"UAVG" denotes that the union classification and rate were

prevailing for that classification in the survey. Example:

PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of

the union which prevailed in the survey for this ~

classification, which in this example would be Plumbers. .0198

indicates the local union number or district council number

where applicable, i.e., Plumbers Local 0198. The next number,

005 in the example, is an internal number used in processing

the wage determination. 07/01/2014 is the effective date of the

most current negotiated rate, which in this example is July 1,

2014.

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Union prevailing wage rates are updated to reflect all rate

changes in the collective bargaining agreement (CBA) governing

this classification and rate.

Survey Rate Identifiers

Classifications listed under the "SU" identifier indicate that

no one rate prevailed for this classification in the survey and

the published rate is derived by computing a weighted average

rate based on all the rates reported in the survey for that

classification. As this weighted average rate includes all

rates reported in the survey, it may include both union and

non-union rates. Example: SULA2012-007 5/13/2014. SU indicates

the rates are survey rates based on a weighted average

calculation of rates and are not majority rates. LA indicates

the State of Louisiana. 2012 is the year of survey on which

these classifications and rates are based. The next number, 007

in the example, is an internal number used in producing the

wage determination. 5/13/2014 indicates the survey completion

date for the classifications and rates under that identifier.

Survey wage rates are not updated and remain in effect until a

new survey is conducted.

Union Average Rate Identifiers

Classifications) listed under the UAVG identifier indicate

that no single majority rate prevailed for those

classifications; however, 100% of the data reported for the

classifications was union data. EXAMPLE: UAVG-OH-0010

08/29/2014. UAVG indicates that the rate is a weighted union

average rate. OH indicates the state. The next number, 0010 in

the example, is an internal number used in producing the wage

determination. 08/29/2014 indicates the survey completion date

for the classifications and rates under that identifier.

A UAVG rate will be updated once a year, usually in January of

each year, to reflect a weighted average of the current

negotiated/CBA rate of the union locals from which the rate is

based.

WAGE DETERMINATION APPEALS PROCESS

1.) Has there been an initial decision in the matter? This can

be:

*. an existing published wage determination

* a survey underlying a wage determination

* a Wage and Hour Division letter setting forth a position on

a wage determination matter

* a conformance (additional classification and rate) ruling

On survey related matters, initial contact, including requests

for summaries of surveys, should be with the Wage and Hour

Regional Office for the area in which the survey was conducted

because those Regional Offices have responsibility for the

Davis-Bacon survey program. If the response from this initial

contact is not satisfactory, then the process described in 2.)

and 3.) should be followed.

With regard to any other matter not yet ripe for the formal

process described here, initial contact should be with the

Branch of Construction Wage Determinations. Write to:

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Branch of Construction Wage Determinations

Wage and Hour Division

U.S. Department of Labor

200 Constitution Avenue, N.W.

Washington, DC 20210

2.) If the answer to the question in 1.) is yes, then an

interested party (those affected by the action) can request

review and reconsideration from the Wage and Hour Administrator

(See 29 CFR Part 1,8 and 29 CFR Part 7). Write to:

Wage and Hour Administrator

U.S. Department of Labor

200 Constitution Avenue, N.W.

Washington, DC 20210

The request should be accompanied by a full statement of the

interested party's position and by any information (wage

payment data, project description, area practice material,

etc.) that the requestor considers relevant to the issue.

3.) If the decision of the Administrator is not favorable, an

interested party may appeal directly to the Administrative

Review Board (formerly the Wage Appeals Board). Write to:

Administrative Review Board

U.S. Department of Labor

200 Constitution Avenue, N.W.

Washington, DC 20210

4,) All decisions by the Administrative Review Board are final.

END OF GENERAL DECISION

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