1-Quick Quote 2603-5664 Pool Repair and Replastering at Legacy at Crown Meadows.pdf

QUICK QUOTE

Pool Repair & Replastering at Legacy at Crown Meadows for

Opportunity Home San Antonio and Affiliated Entity Assisted Housing Communities

Date Issued

March 19, 2026

Quick Quote # 2603-5664

NIGP Code #

912-63, 961-18

Closes March 24, 2026 at 2 p.m.

Prepared by

Opportunity Home San Antonio Department of Procurement

President and CEO

Michael Reyes

Rev 1 // 02.04.13

QQ # 2603-5664 // Pool Repair and Resurfacing at Legacy at Crown Meadows

1.0 Purpose: Opportunity Home San Antonio, formerly known as the Housing Authority of the City of San Antonio, Texas, and its affiliated entities d/b/a San Antonio Housing Authority (“Opportunity Home”), hereby invites independent Contractors to submit bids for repairs and replastering of the swimming pool at Legacy at Crown Meadows located at 7700 Ingram Rd., San Antonio, TX 78251.

2.0 OPPORTUNITY HOME SAN ANTONIO (Opportunity Home) CONTACT: All questions or requests for documents pertaining to this solicitation shall be addressed to Vanessa Caballero, Assistant Director of Procurement, Using the portal https://saha.bonfirehub.com/portal/?tab=openOpportunities.

3.0 APPLICABILITY: By submitting a bid, the bidder is agreeing to abide by all terms and conditions listed herein, including those terms and conditions within HUD Handbook

7460.8 REV 2, Procurement Handbook for Public Housing Agencies, dated 2/2007and HUD Table 5.1, Mandatory Contract Clauses for Small Purchases Other Than Construction and if attached; HUD 5370EZ, Davis Bacon or HUD Wage Decision.

4.0 OPPORTUNITY HOME’S RESERVATION OF RIGHTS: Opportunity Home reserves the right to:

4.1 Reject any or all bids, to waive any informalities in the solicitation process, or to terminate the solicitation process at any time, if deemed by Opportunity Home to be in its best interest.

4.2 Terminate a contract awarded pursuant to this solicitation at any time for its convenience upon delivery of a 30-day written notice.

4.3 Determine the days, hours, and locations that the successful bidder shall provide the items or services called for in this solicitation.

4.4 Reject and not consider any bid that does not, in the opinion of Opportunity Home, meet the requirements of this solicitation, including but not necessarily limited to incomplete bids and/or bids offering alternate (not including “or equal” items) or non-requested items or services.

4.5 To make an award to the same bidder (aggregate) for all items; or,

4.6 To make an award to multiple bidders for the same or different items.

5.0 BIDDER’S RESPONSIBILITY: Each bidder shall carefully review and comply with all instructions provided herein, or provided within any named attachments or addenda.

6.0 DEADLINE: Bids are due at the time and date posted herein. Opportunity Home reserves the right to extend the posted deadline at any time prior to the deadline.

7.0 QUESTIONS: All questions or requests for information concerning this solicitation must be submitted in writing eight (8) days prior to the closing deadline to Bonfire Portal.

Rev 1 // 06.15.20 https://saha.bonfirehub.com/portal/?tab=openOpportunities

8.0 HOLD PRICES/NON-ESCALATION: By submitting a bid, the bidder agrees to "hold" or not increase the bid prices for a minimum period of ninety (90) days. Quantities listed in this solicitation are for the purpose of determining best pricing per line item. Contractor shall field verify all quantities and dimensions.

9.0 METHOD OF AWARD: Opportunity Home may, at its sole discretion, procure the applicable goods or services by issuance of a PO or execution of a contract. By submitting a bid, the successful proposer agrees to accept the PO or execute the contract.

10.0 FEES and FORMS:

10.1 FEE: All fees are all-inclusive of all related costs that a proposer will incur to provide the noted goods or services in compliance with this solicitation, including, but not limited to: employee wages and benefits, clerical support, travel and lodging, overhead, profit, licensing, insurance, materials, supplies, tools, equipment, long-distance telephone calls, document copying and motor vehicle fuel, all costs shall be fully burdened.

10.2 FORMS: Bids shall be submitted utilizing the bid/fee forms included herein.

Submission on forms other than the Opportunity Home forms may result in the disqualification of the response. Any bidder attached or included Terms and Conditions (Ts & Cs) are subject to acceptance by Opportunity Home at its sole discretion.

11.0 AWARD CRITERIA: Award shall be made to the responsive and responsible contractor that submits the best value to Opportunity Home using price and other factors listed below.

a. Ability to best provide services for the project beyond the minimum requirements may be considered in the “Best Value” determination.

b. Lead time will be considered in awarding.

12.0 BID COSTS: Opportunity Home shall not compensate any bidder for any costs that may be incurred in responding to this solicitation.

13.0 ASSIGNMENT OF PERSONNEL: Opportunity Home retains the right to demand and receive a change in personnel assigned by the Contractor to provide services to Opportunity Home if Opportunity Home believes that such change is in its best interest.

14.0 UNAUTHORIZED SUB-CONTRACTING PROHIBITED: The successful bidder shall not assign any right, nor delegate any duty for the work proposed pursuant to this solicitation (including, but not limited to, selling or transferring the ensuing PO or contract without the prior written consent of Opportunity Home. Any purported assignment of interest or delegation of duty, without the prior written consent of

Opportunity Home shall be void and may result in the cancellation of the PO or contract with Opportunity Home.

15.0 LICENSING REQUIREMENTS: By submitting a bid the successful bidder certifies that he/she possesses and will, prior to issuance of a PO or execution of a contract, present to Opportunity Home, proof and/or certification of the following:

15.1 If applicable, local business license issued by the City of San Antonio.

15.2 If applicable, a copy of the bidder’s license issued by the State of Texas licensing authority allowing the bidder to provide the services or products as detailed herein.

16.0 PERMITS: Contractor shall obtain all permits required to complete the work per the specifications.

17.0 INSURANCE: Contractor shall present to Opportunity Home prior to PO issuance or execution of a contract, proof of insurance compliance with HUD requirements to include Builders Risk and the requirements below.

Professional Liability Required Limits

Opportunity Home and its affiliates must be named as a Certificate Holder. This is required for vendors who render observational services to Opportunity Home such as appraisers, inspectors, attorneys, engineers or consultants.

$1,000,000

Not Required for this Service Business Automobile Liability Required Limits

Opportunity Home and its affiliates must be named as an additional insured and as the certificate holder. This is required for any vendor that will be using their vehicle to do work on Opportunity Home properties.

$500,000 combined single limit, per occurrence

Workers Compensation and Employer’s Liability Required Limits Workers’ Compensation coverage is Statutory and has no pre-set limits. Employer’s Liability limit is $500,000. Workers’ Compensation is required for any vendor made up of more than two people. A Waiver of Subrogation in favor of Opportunity Home must be included in the Workers’ Compensation policy.

Opportunity Home and its affiliates must be a Certificate Holder.

Statutory $500,000

Commercial General Liability Required Limits This is required for any vendor who will be doing hands-on work at Opportunity Home properties.

Opportunity Home and its affiliates must be named as an Additional Insured and as the Certificate Holder.

$1,000,000 per accident

$2,000,000 aggregate

18.0 INVOICING: To help ensure timely payments and unless utilizing a progress payment schedule invoices shall be sent to the following address:

Accounts_Payable@homesa.org.

Please include Purchase Order or Assigned Contract Number with all invoices

If the contractor lacks electronic invoicing capability, they may send invoices to:

Opportunity Home San Antonio | Accounts Payable | P.O. Box 830428| San Antonio, TX 78283-0428.

mailto:Accounts_Payable@saha.org

The Contractor shall invoice Opportunity Home within 60 days after the delivery of the goods or service. If the Contractor fails to invoice within 60 days, Opportunity Home reserves the right to not pay the invoice. In an effort to be more efficient, Opportunity Home processes all payments electronically. Contractors will be required to complete a direct deposit form. Opportunity Home’s standard payment terms are net 30 days.

19.0 Fair Labor Standards Act: Both parties hereby agree to comply with the provisions of the Fair Labor Standards Act (29 U.S.C. 201, et seq).

20.0 Indemnification. The Contractor shall indemnify and hold harmless Opportunity Home and its officers, agents, representatives, and employees from and against all claims, losses, damages, actions, causes of action, and/or expenses resulting from, brought for, or on account of any bodily injury or death of an employee of the Contractor, its agent, or its subcontractor of any tier received or sustained by any persons or property growing out of, occurring, or attributable to any work performed under or related to this Agreement, resulting in whole or in part from the negligent acts or omissions of the Contractor, any subcontractor, or any employee, agent or representative of the Contractor or any subcontractor. CONTRACTOR ACKNOWLEDGES AND AGREES

THAT THIS INDEMNITY CONTROLS OVER ALL OTHER PROVISIONS IN THE

AGREEMENT, SURVIVES TERMINATION OF THIS AGREEMENT.

Contractor shall indemnify and hold harmless Opportunity Home, their agents, consultants, and employees from and against any and all property damage claims, losses, damages, costs, and expenses relating to the performance of this Agreement, including any resulting loss of use, but only to the extent caused by the negligent acts or omissions of Contractor, its employees, sub-subcontractors, suppliers, manufacturers, or other persons or entities for whose acts Contractor may be liable.

21.0 SECTION 3: Training and Employment Opportunities for Residents in the Project Area (Section 3, HUD Act of 1968; 24 CFR 135)

(a) The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C.

1701u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing.

(b) The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135, which implement section 3.

22.0 EPA REQUIREMENTS (This section applies only to Painting): Contractor must be EPA certified. Contractors performing renovation, repair, and painting projects that disturb lead-based paint in homes, child care facilities, and schools built before 1978 must be certified by EPA and must follow specific work practices to prevent lead contamination.

This includes, but is not limited to:

Contain the work area.

Minimize dust.

Clean up thoroughly.

Contractors must provide to Opportunity Home and tenants a copy of the EPA pamphlet “Renovate Right: Important Lead Hazard Information for Families, Childcare Providers and Schools,” before the renovations start. Federal law requires this in housing, child-care facilities, and schools built before 1978, and when renovating six square feet or more of painted surfaces in a room for interior projects or more than twenty square feet of painted surfaces for exterior projects. For a copy of this pamphlet go to:

epa.gov/lead/pubs/renovaterightbrochure.pdf

23.0 GENERAL CONDITIONS:

23.1 Scope of Work is Attachment A.

23.2 Location of Property:

Legacy at Crown Meadows

7700 Ingram Rd.

San Antonio, TX 78251

23.3 WARRANTY: All services and goods provided pursuant to this solicitation and the resulting contract shall be covered by the most favorable commercial warranties given to any customer for the same or similar supplies or services, but in any event, such goods and services shall be warranted for at least a period of two (2) years.

23.4 OR EQUAL: Catalogs, brand names, or manufacturer’s references where provided are descriptive only and indicate type and quality desired. Bids on brands of like nature and quality will be considered unless specified otherwise. If bidding other than the referenced manufacturer, brand, or trade name, Bidder must provide a complete description of the product offered, and illustrations and must be included in the bid submittal. Failure to include the above-referenced data will require the Contractor to furnish specified brand names, numbers, etc.

23.5 Acceptance by Opportunity Home is required prior to payment. Acceptance will be based on adherence to the specifications, best industry practice, and inspection by Opportunity Home personnel.

23.6 Contractor shall supply all material, labor, and equipment to complete the requirement of this solicitation unless otherwise specified in this solicitation.

http://www.epa.gov/lead/pubs/renovaterightbrochure.pdf

23.7 Contractor shall dispose of all debris and trash offsite in accordance with all local, State and Federal laws and codes. At no time will Contractor discard any debris or trash into any Opportunity Home refuse container.

23.8 Responses must be completed and submitted through the following Bonfire E-Procurement system portal:

Quote Fee Sheet Quick Quote Closes on March 29, 2026, at 2:00 PM

2603-5664 State Law limits procurements using this method of solicitation to $100,000.00 or less.

1. Fee: Fees quoted will be fully burdened to include but not limited to materials, transportation, personnel, permits, and any other cost associated with the Scope of Work (Attachment A). Reface costs are for any signs that can be modified and not replaced in full to make necessary changes.

a. Unit cost per item.

Quantity Unit Cost

Total Cost

Upgraded Plaster (Priced Per linear foot)

Plaster Chip Out Services (Priced per Square Foot)

Removal and replacement of the existing return jet.

b. If the Contractor fails to list the days to complete, the project must be completed within

14 days from the date of notification to begin work.

i. Days needed to complete the project: ___________

2. Sub-Contractors: Proposer shall identify his sub-contractors, if any:

a) ________________________________________

b) _________________________________________

Company Name:__________________________________________ Page 1 of 2

Acknowledge Receipt of Addenda

Addendum #1 ________________ Date: _________

Addendum #2 _________________ Date: _________

Signature Date

Printed Name Company

E-mail address if available

Phone Fax

Bidder’s Certification By signing below, Bidder certifies that the following statements are true and correct:

1. He/she has full authority to bind Bidder and that no member Bidder’s organization is disbarred, suspended or otherwise prohibited from contracting with any federal, state or local agency,

2. Items for which Bids were provided herein will be delivered as specified in the Bid,

3. In performing this contract, the contractor(s) shall comply with any and all applicable federal, state or local laws including but not limited to: Occupational Safety & Health, Equal Employment Opportunity, Immigration and Naturalization, The Americans with Disabilities Act, State Tax and Insurance Law, and the Fair Housing Act.,

4. Bidder agrees that this bid shall remain open and valid for at least a period of 90 days from the date of the Bid Opening and that this bid shall constitute an offer, which, if accepted by Opportunity Home and subject to the terms and conditions of such acceptance, shall result in a contract between Opportunity Home and the undersigned Bidder,

5. He/she has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with this Bid,

6. Bidder, nor the firm, corporation, partnership, or institution represented by the Bidder, or anyone acting for such firm, corporation or institution has violated the antitrust laws of the State of Texas or the Federal Antitrust laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in such line of business,

7. Bidder has not received compensation for participation in the preparation of the specifications for this IFB,

8. Non-Collusive Affidavit: The undersigned party submitting this bid hereby certifies that such bid is genuine and not collusive and that said Bidder has not colluded, conspired, connived or agreed, directly or indirectly, with any Bidder or person, to put in a sham Bid or to refrain from bidding, and has not in any manner, directly or indirectly sought by agreement or collusion, or communication or conference, with any person, to fix the bid price of affiant or of any other Bidder, to fix overhead, profit or cost element of said bid price, or that of any other Bidder or to secure any advantage against Opportunity Home or any person interested in the proposed contract; and that all statements in said bid are true.

9. Child Support: Pursuant to Section 231.006 (d) of the Texas Family Code, regarding child support, the bidder certifies that the individual or business entity named in this bid is not ineligible to receive the specified payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate.

10. Lobbying Prohibition: The Contractor agrees to comply with Section 1352 of Title 31, United States Code which prohibits the use of Federal appropriated funds to pay any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, and officer or employee of Congress, or an employee of a Member of Congress in connection with any of the following covered Federal actions: the awarding of any Federal contract; the making of any Federal grant; the making of any Federal loan; the entering into of any cooperative agreement; or the modification of any Federal contract, grant, loan, or cooperative agreement.

11. Non-Boycott of Israel: Opportunity Home may not enter into a contract with a company for goods and services unless the contract contains a written verification from the company that; (i) it does not Boycott Israel; and (ii) will not Boycott Israel during the term of the contract. (Texas Government Code chapter 2270) by accepting these General Conditions and any associated contract, the CONTRACTOR certifies that it does not Boycott Israel, and agrees that during the term of this contract will not Boycott Israel as that term is defined in the Texas Government Code Section 808.001, as amended.

12. TX Gov. Code 2252.152: Prohibits a government entity from awarding a contract to a company identified as Iran, Sudan, or a Foreign Terrorist Organization as identified on a list maintained by the Texas Comptroller of Public Accounts. By signature hereon bidder certifies that it is not affiliated in any manner with the businesses on this list.t

Submitted by (Firm): ___________________________________________ Date: _______________

Signature: ________________________________________ Printed name and title ______________________________________________

Business address: ____________________________________________________________________________

Phone_________________________________________ Email __________________________________

ATTACHMENT A

Scope of Work/Specifications

Scope of Work

Objective: The objective of this project is to perform a comprehensive interior renovation of the swimming pool at Opportunity Home San Antonio Legacy at Crown Meadows. The primary goals include the complete removal of the existing degraded surface through a full chip-out, followed by the application of an Upgraded Quartzscapes plaster finish to ensure a durable, water-resistant, and aesthetically improved interior. Additionally, the project aims to enhance the pool's structural integrity by replacing the return jet.

1. Surface Preparation

● Plaster Chip Out: Complete removal of the existing interior pool plaster surface down to the underlying gunite/concrete shell.

● Debris Management: Includes all labor for chipping, cleaning remaining materials, and the safe handling and disposal of all debris.

● Quantity: Approximately 638.0 square feet.

2. Interior Resurfacing

● Finish Type: Upgraded Quartzscapes Plaster or equivalent material.

● Application: Professional preparation and application of a new finish on the existing pool interior to ensure a durable, water-resistant surface.

● Additives: Include EasyCare Startup-Tec during the fill process to minimize plaster dust and reduce potential staining.

● Quantity: Approximately 1,916.0 linear feet.

3. Custom Renovation & Structural Work

● Return Jet Replacement: Professional removal and replacement of the existing return jet.

● Structural Reinforcement: Addition of structural support to protect the new return and extend its lifespan.

● Finishing: Patching and blending of the surrounding plaster to match the original surface as closely as possible.

4. Post-Installation Services

● Fill Supervision: Initial filling of the pool will be started by the contractor immediately upon completion of work.

End of Scope of Work

ATTACHMENT B

HUD & Other Forms

(5370EZ)

Page 1 of 8 Form HUD-5370-EZ (1/2014)

U.S. Department of Housing and Urban Development Office of Public and Indian Housing OMB Approval No. 2577-0157 (exp. 1/31/2027)

General Contract Conditions for

Small Construction/Development

Contracts

See Page 7 for Burden Statement

Applicability. The following contract clauses are applicable and must be inserted into small construction/development contrac ts, greater than $2,000 but not more than $250,000.

1. Definitions

Terms used in this form are the same as defined in form HUD-5370

2. Prohibition Against Liens

The Contractor is prohibited from placing a lien on the PHA's property. This prohibition shall apply to all subcontractors at any tier and all materials suppliers. The only liens on the PHA's property shall be the Declaration of Trust or other liens approved by HUD.

3. Disputes

(a) Except for disputes arising under the Labor Standards clauses, all disputes arising under or relating to this contract, including any claims for damages for the alleged breach thereof which are not disposed of by agreement, shall be resolved under this clause.

(b) All claims by the Contractor shall be made in writing and submitted to the Contracting Officer for a written decision. A claim by the PHA against the Contractor shall be subject to a written decision by the Contracting Officer.

(c) The Contracting Officer shall, within 30 days after receipt of the request, decide the claim or notify the Contractor of the date by which the decision will be made.

(d) The Contracting Officer's decision shall be final unless the Contractor (1) appeals in writing to a higher level in the PHA in accordance with the PHA's policy and procedures, (2) refers the appeal to an independent mediator or arbitrator, or (3) files suit in a court of competent jurisdiction. Such appeal must be made within 30 days after receipt of the Contracting Officer's decision.

(e) The Contractor shall proceed diligently with performance of this contract, pending final resolution of any request for relief, claim, appeal, or action arising under or relating to the contract, and comply with any decision of the Contracting Officer.

4. Default

(a) If the Contractor refuses or fails to prosecute the work, or any separable part thereof, with the diligence that will insure its completion within the time specified in this contract, or any extension thereof, or fails to complete said work within this time, the Contracting Officer may, by written notice to the Contractor, terminate the right to proceed with the work (or separable part of the work) that has been delayed. In the event, the PHA may take over the work and complete it by contract or otherwise, and may take possession of and use any materials, equipment, and plant on the work site necessary for completing the work. The Contractor and its sureties shall be liable for any damage to the PHA resulting from the Contractor's refusal or failure to complete the work within the specified time, whether or not the Contractor's right to proceed with the work is terminated. This liability includes any increased costs incurred

(b) The Contractor's right to proceed shall not be terminated or the Contractor charged with damages under this clause if —

(1) The delay in completing the work arises from unforeseeable causes beyond the control and without the fault or negligence of the Contractor; and

(2) The Contractor, within 10 days from the beginning of such delay notifies the Contracting Officer in writing of the causes of delay. The Contracting Officer shall ascertain the facts and the extent of the delay. If, in the judgment of the Contracting Officer, the findings of Fact warrant such action, time for completing the work shall be extended by written modification to the contract The findings of the

Contracting Officer shall be reduced to a written decision which shall be subject to the provisions of the Disputes clause of this contract

(c) If, after termination of the Contractor's right to proceed, it is determined that the Contractor was not in default, or that the delay was excusable, the rights and obligation of the parties will be the same as if the termination had been for convenience of the PHA.

5. Termination for Convenience

(a) The Contracting Officer may terminate this contract in whole, or in part, whenever the Contracting Officer determines that such termination is in the best interest of the PHA. Any such termination shall be effected by delivery to the Contractor of a

Notice of Termination specifying the extent to which the performance of the work under the contract is terminated, and the date upon which such termination becomes effective.

(b) If the performance of the work is terminated, either in whole or in part, the PHA shall be liable to the Contractor for reasonable and proper costs resulting from such termination upon the receipt by the PHA of a properly presented claim setting out in detail: (1) the total cost of the work performed to date of termination less the total amount of contract payments made to the Contractor; (2) the cost (including reasonable profit) of settling and paying claims under subcontracts and material orders for work performed and materials and supplies delivered to the site, payment for which has not been made by the PHA to the Contractor or by the Contractor to the subcontractor or supplier; (3) the cost of preserving and protecting the work already performed until the PHA or assignee takes possession thereof or assumes responsibility therefore; (4) the actual or estimated cost of legal and accounting services reasonably necessary to prepare and present the termination claim to the

PHA; and (5) an amount constituting a reasonable profit on the value of the work performed by the Contractor.

(c) The Contracting Officer will act on the Contractor's claim within days (60 days unless otherwise indicated) of receipt of the Contractor's claim.

(d) Any disputes with regard to this clause are expressly made subject to the provisions of the Disputes clause of this contract

6. Insurance

(a) Before commencing work, the Contractor and each subcon-tractor shall furnish the PHA with certificates of insurance showing the following insurance is in force and will insure all operations under the Contract.

Form HUD-5370-EZ (1/2014)

(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 less than $ ________ [Contracting Officer insert amount] per occurrence to protect the Contractor and each subcontractor against claims for bodily injury or death and damage to the property of others. This shall cover the use of all equipment, hoists, and vehicles on the site(s) not covered by Automobile Liability under (3) below. If the Contractor has a "claims-made" policy, then the following additional requirements apply: the policy must provide a "retroactive date" which must be on or before the execution date of the Contract; and the extended reporting period may not be less than five years following the completion date of the Contract

(3) Automobile Liability on owned and non -owned motor vehicles used on the site(s) or in connection therewith for a combined single limit for bodily injury and property damage of not less than $ _____ [Contracting Officer insert amount] per occurrence.

(b) Before commencing work, the Contractor shall furnish the PHA with a certificate of insurance evidencing that Builder's Risk

(fire and extended coverage) Insurance on all work in place and/or materials stored at the building site(s), including foundations and building equipment, is in force. The Builder's

Risk Insurance shall be for the benefit of the Contractor and the

PHA as their interests may appear and each shall be named in the policy or policies as an insured. The Contractor in installing equipment supplied by the PHA shall carry insurance on such equipment from the time the Contractor takes possession thereof until the Contract work is accepted by the PHA. The

Builder's Risk Insurance need not be carried on excavations, piers, footings, or foundations until such time as work on the superstructure is started. It need not be carried on landscape work. Policies shall furnish coverage at all times for the full cash value of all completed construction, as well as materials in place and/or stored at the site(s), whether or not partial payment has been made by the PHA. The Contractor may terminate this insurance on buildings as of the date taken over for occupancy by the PHA. The Contractor is not required to carry Builder's

Risk Insurance for modernization work which does not involve structural alterations or additions and where the PHA's existing fire and extended coverage policy can be endorsed to include such work.

(c) All insurance shall be carried with companies which are financially responsible and admitted to do business in the State in which the project is located. If any such insurance is due to expire during the construction period, the Contractor (including subcontractors, as applicable) shall not permit the coverage to lapse and shall furnish evidence of coverage to the Contracting Officer. All certificates of insurance, as evidence of coverage, shall provide that no coverage may be canceled or non-renewed by the insurance company until at least 30 days prior written notice has been given to the Contracting Officer.

7. Contract Modifications

(a) Only the Contracting Officer has authority to modify any term or condition of this contract. Any contract modification shall be authorized in writing.

(b) The Contracting Officer may modify the contract unilaterally

(1) pursuant to a specific authorization stated in a contract clause (e.g., Changes); or (2) for administrative matters which do not change the rights or responsibilities of the parties (e.g., change in the PHA address). All other contract modifications shall be in the form of supplemental agreements signed by the

Contractor and the Contracting Officer.

(c) When a proposed modification requires the approval of HUD prior to its issuance (e.g., a change order that exceeds the

PHA's approved threshold), such modification shall not be effective until the required approval is received by the PHA.

8. Changes

(a) The Contracting Officer may, at any time, without notice to the sureties, by written order designated or indicated to be a change order, make changes in the work within the 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 a change order under this clause; provided, that the Contractor gives the Contracting Officer written notice stating

(1) the date, circumstances and source of the order and (2) that the

Contractor regards the order as a change order.

(b) Except as provided in this clause, no order, statement or conduct of the Contracting Officer shall be treated as a change under this clause or entitle the Contractor to an equitable adjustment.

(c) Many change under this clause causes an increase or decrease in the Contractor's cost of, or the time required for the performance of any part of the work under this contract, whether or not changed by any such order, the Contracting Officer shall make an equitable adjustment and modify the contract in writing.

However, except for a adjustment based on defective specifications, no proposal for any change under paragraph (b) above shall be allowed for any costs incurred more than 20 days (5 days for oral orders) before the Contractor gives written notice as required. In the case of defective specifications for which the PHA is responsible, the equitable adjustment shall include any increased cost reasonably incurred by the Contractor in attempting to comply with the defective specifications.

(d) The Contractor must assert its right to an adjustment under this clause within 30 days after (1) receipt of a written change order under paragraph (a) of this clause, or (2) the fiunishing of a written notice under paragraph (b) of this clause, by submitting a written statement describing the general nature and the amount of the proposal. If the facts justify it, the Contracting Officer may extend the period for submission. The proposal may be included in the notice required under paragraph (b) above. No proposal by the Contractor for an equitable adjustment shall be allowed if asserted after final payment under this contract

(e) The Contractor's written proposal for equitable adjustment shall be submitted in the form of a lump sum proposal supported with an itemized breakdown of all increases and decreases in the contract in at least the following details:

(1) Direct Costs. Materials (list individual items, the quantity and unit cost of each, and the aggregate cost); Transporta-tion and delivery costs associated with materials; Labor breakdowns by hours or unit costs (identified with specific work to be performed); Construction equipment exclusively necessary for the change; Costs of preparation and/ or revision to shop drawings resulting from the change;

Worker's Compensation and Public Liability Insurance;

Employment taxes under FICA and FUTA; and, Bond Costs

- when size of change warrants revision.

(2) Indirect Costs. Indirect costs may include overhead, general and administrative expenses, and fringe benefits not normally treated as direct costs.

(3) Profit. The amount of profit shall be negotiated and may vary according to the nature, extent, and complexity of the work required by the change.

(f)The allowability of the direct and indirect costs shall be determined in accordance with the Contract Cost Principles and Procedures for Commercial Firms in Part 31 of the Federal Acquisition Regulation (48 CFR 1-31), as implemented by HUD Handbook 2210.18, in effect on the date of this contract. The Contractor shall not be allowed a profit on the profit received by any subcontractor.

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

(g)The Contractor shall include in the proposal its request for time extension (if any), and shall include sufficient information and dates to demonstrate whether and to what extent the change will delay the completion of the contract in its entirety.

(h) The Contracting Officer shall act on proposals within 30 days after their receipt, or notify the Contractor of the date when such action will be taken.

(i) Failure to reach an agreement on any proposal shall be a dispute under the clause entitled Disputes herein. Nothing in this clause, however, shall excuse the Contractor from proceeding with the contract as changed.

(j) Except in an emergency endangering life or property, no change shall be made by the Contractor without a prior order from the

Contracting Officer.

9. Examination and Retention of Contractor's Records

The HA, HUD, or Comptroller General of the United States, or any of their duly authorized representatives shall, until three years after final payment under this contract, have access to and the right to examine any of the Contractor's directly pertinent books, documents, papers, or other records involving transactions related to this contract for the purpose of making audit, examination, excerpts, and transcriptions.

10. Rights in Data and Patent Rights (Ownership and Proprietary Interest)

The HA shall have exclusive ownership of, all proprietary interest in, and the right to full and exclusive possession of all information, materials, and documents discovered or produced by Contractor pursuant to the terms of this Contract, including but not limited to reports, memoranda or letters concerning the research and reporting tasks of this Contract.

11. Energy Efficiency

The Contractor shall comply with all mandatory standards and policies relating to energy efficiency which are contained in the energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub.L. 94-163) for the State in which the work under this contract is performed.

12. Procurement of Recovered Materials

(a) In accordance with Section 6002 of the Solid Waste Disposal

Act, as amended by the Resource Conservation and Recovery Act, the Contractor shall procure items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR Part

247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition. The Contractor shall procure items designated in the EPA guidelines that contain the highest percentage of recovered materials practicable unless the Contractor determines that such items: (1) are not reasonably available in a reasonable period of time; (2) fail to meet reasonable performance standards, which shall be determined on the basis of the guidelines of the National Institute of Standards and

Technology, if applicable to the item; or (3) are only available at an unreasonable price.

(b) Paragraph (a) of this clause shall apply to items purchased under this contract where: (1) the Contractor purchases in excess of $10,000 of the item under this contract; or (2) during the preceding Federal fiscal year, the Contractor: (i) purchased any amount of the items for use under a contract that was funded with Federal appropriations and was with a Federal agency or a State agency or agency of a political subdivision of a State; and (ii) purchased a total of in excess of $10,000 of the item both under and outside that contract

13. Training and Employment Opportunities for Residents in the

Project Area (Section 3, HUD Act of 1968; 24 CFR 75)

(a) The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban

Development Act of 1968, as amended, 12 U.S.C. 1701u

(section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by

HUD assistance or HUD-assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing.

(b) The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 75, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the

Part 75 regulations.

(c) The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3prioritization requirements, and shall state the minimum percentages of labor hour requirements established in the Benchmark Notice (FR-

6085-N-04).

Form HUD-5370-EZ (1/2014) Page 4 of 8

(d)The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR

Part 75, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 75. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 75.

(e) .Noncompliance with HUD's regulations in 24 CFR Part 75 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts.

(f) Contracts, subcontracts, grants, or subgrants subject to

Section 7(b) of the Indian Self-Determination and Education

Assistance Act (25 U.S.C. 5307(b)) or subject to tribal preference requirements as authorized under 101(k) of the Native American Housing Assistance and Self-Determination

Act (25 U.S.C. 4111(k)) must provide preferences in employment, training, and business opportunities to Indians and Indian organizations, and are therefore not subject to the requirements of 24 CFR Part 75.

14. Labor Standards - Davis-Bacon and Related

If the total amount of this contract exceeds $2,000, the Federal labor standards set forth in the clause below shall apply to the development or construction work to be performed under the contract.

(1) Minimum wages—(i) Wage rates and fringe benefits.

All laborers and mechanics employed or working upon the site of the work (or otherwise working in construction or development of the project under a development statute), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of basic hourly wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. As provided in 29 CFR 5.5(d) and (e), the appropriate wage determinations are effective by operation of law even if they have not been attached to the contract. Contributions made or costs reasonably anticipated for bona fide fringe benefits under the Davis-Bacon Act (40 U.S.C. 3141(2)(B)) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (a)(1)(v) of these contract clauses; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics must be paid the appropriate wage rate and fringe benefits on the wage determination for the classifications(s) of work actually performed, without regard to skill, except as provided in 29 CFR 5.5 (a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage

The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30–day period that additional time is necessary.

(E) The contracting officer must promptly notify the contractor of the action taken by the Wage and Hour Division under 29 CFR 5.5 (a)(1)(iii)(C) and (D). The contractor must furnish a written copy of such determination to each affected worker or it must be posted as a part of the wage determination. The wage rate (including fringe benefits where appropriate) determined pursuant to 29 CFR 5.5 (a) (1)(iii)(C) or (D) must be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.

(iv) Fringe benefits not expressed as an hourly rate. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor may either pay the benefit as stated in the wage determination or may pay another bona fide fringe benefit or an hourly cash equivalent thereof.

(v) Unfunded plans. If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, in accordance with the criteria set forth in 29 CFR 5.28, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.

(vi) Interest. In the event of a failure to pay all or part of the wages required by the contract, the contractor will be required to pay interest on any underpayment of wages.

(2) Withholding—(i) Withholding requirements. The [write in name of Federal agency or the recipient of Federal assistance] may, upon its own action, or must, upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be considered necessary to satisfy the liabilities of the prime contractor or any subcontractor for the full amount of wages and monetary relief, including interest, required by the clauses set forth in 29 CFR 5.5(a) for violations of this contract, or to satisfy any such liabilities required by any other Federal contract, or federally assisted contract subject to Davis-Bacon labor standards, that is held by the same prime contractor (as defined in 29 CFR 5.2).

The necessary funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract that is subject to Davis- Bacon labor standards requirements and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the contractor liability for which the funds were withheld. In the event of a contractor’s failure to pay any laborer or mechanic, including any apprentice or helper working on the site of the work (or otherwise working in construction or development of the project under a development statute) all or part of the wages required by the contract , or upon the contractor’s failure to submit the required records as discussed in 29 CFR 5.5(a)(3)(iv), the [Agency] may on its own initiative and after written notice to the contractor, sponsor, applicant, owner, or other entity, as the case may be, take such action as may be necessary to cause the suspension of any further payment, Form HUD-5370-EZ (1/2014) Page 5 of 8 advance, or guarantee of funds until such violations have ceased.

(ii) Priority to withheld funds. The Department has priority to funds withheld or to be withheld in accordance with 29 CFR 5.5 (a)(2)(i) or (b)(3)(i), or both, over claims to those funds by:

(A) A contractor’s surety(ies), including without limitation performance bond sureties and payment bond sureties;

(B)A contracting agency for its reprocurement costs;

(C)A trustee(s) (either a court-appointed trustee or a U.S.

trustee, or both) in bankruptcy of a contractor, or a contractor’s bankruptcy estate;

(D)A contractor’s assignee(s);

(E)A contractor’s successor(s); or (F)A claim asserted under the Prompt Payment Act, 31 U.S.C. 3901-3907. (3) Records and certified payrolls—(i) Basic record requirements—(A) Length of record retention.