2-Attachments 1-5 (1).pdf

ATTACHMENT 1

Semce CAmtraots - Insurance Requirements

Insurance - The Contractor/Supplier shall maintain for the entire duration of the proposed contract and until formally terminated by HABC, the required insurance coverage as set forth below. All insurance shall be procured from a company licensed to do business in the State of Maryland and placed with a carrier possessing an A.M. Best's Rating of B+VI or better. 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 (Tail) may not be less than five years following the completion date of the contract. HABC may, at its sole discretion, add, raise, waive or reduce in limits, any insurance coverage required under this contract.

a. Worker's Compensallon lnsa1'811Cl8 - Contactor/Supplier including subcontractors shall obtain and maintain during the term of the contract, Worker's Compensation Insurance including Employers Liability and shall apply and be In accordance with all Maryland Statutory requirements.

b. 6enenl IJabllllY l8lunncle - Contractor/Supplier including subcontractors shall obtain and maintain during the term of the contract, coverage for "bodily injury" (including death, public liability & personal injury) and "property damage" with a Combined Single Limit in an amount not less than $1,000

000 per occurrence. The

Certificate of Insurance for General Llabllity Insurance must name HABC as an additional Insured.

c. Automobile UallllllY lnaunnce - Contractor/Supplier including subcontractors shall obtain and maintain during the term of the contract, coverage on all motor vehicles owned and non-owned, hired, leased or otherwise used in connection with this contract. This insurance shall provide coverage for "bodily injury" (including death) and "property damage" with a Combined Single limit in an amount not less than $1,000,000 per occurrence and shall be in accordance with all Maryland Statutory requirements .

.... Note: This applies if services rendered create a Pollution Hazard (example - disturb painted or tiled surfaces causing a lead paint or asbestos hazard, etc.)

d. Pollution Liability Insurance - Contractor/Supplier including subcontractors shall obtain and maintain during the term of the contract, insurance covering hazardous material exposures, releases, damage and pollution resulting from construction, renovation, remodeling, testing, repair or demolition. This insurance shall provide coverage for "bodily injury" and "property damage" with a Combined Single Limit in an amount not less than $1,000,000 per occurrence. The Certificate of Insurance must name HABC as an additional Insured .

... Note: This applies only to Professional SeNices rendered (example - Legal, Medical, Architectural, Engineering, etc.)

e. Professlonal llablllty (Errors and Omissions) Insurance - Contractor/Supplier including subcontractors shall obtain and maintain Professional Liability/Malpractice Insurance during the term of a professional services contract protecting against claims for damages which may arise from operations under the contract, whether such operations be by the Contractor or by any employees, agents or representatives of the Contractor (including subcontractors). Limits for this coverage shall not be less than $1,000,000 per occurrence.

In addition to the above requirements to obtain and maintain Workers Compensation, General Llability, Automobile Liability, Pollution Liability and Professional Liability insurance, HABC is to be named as additional insured on all policies (where permissible). The Contractor/Supplier shall also agree to save, defend, indemnify and hold HABC, its officers, agents and employees, harmless from any and all claims against HABC' s officers, agents and employees which arise out of any action or omission of the Contract/Supplier or any of the Contract/Supplier officers, employees or agents, which are not covered pursuant to the requirements of insurance in the above paragraphs. The agreement to hold HABC, its officers, agents and employees harmless shall not be limited to the level of liability insurance required under the provisions of this solicitation or contract, or of any document or instrument the provisions of this solicitation are or shall be made a part.

Proof of Insurance. The Contractor/Supplier including subcontractors shall furnish to HABC prior to start of contract, a certified copy of the policy or policies covering all work/services as required in the contract agreement evidencing that the insurance required is maintained and in force for the entire duration of the contract agreement. The Contractor/Supplier including subcontractors must also notify HABC within 30 days prior to any termination of the required insurance. Any lapse in insurance coverage is cause for the immediate termination of this contract.

If this agmement Is with the Mayor and City Council of Bait/mom (City} end/or Iha State of Maryland (State}. HABC will accept Iha City's/State's Self-Insurance program(s} as applied to Worl<ers Compensation, Commercial General Uabllity, Automobile Uabllity, Pollution Uabl/ity, and Professional Uabillty. However, It Is agreed that the City's/Slate's coverage limits shall reflect and provide !QI§!. compensation for any and all losses suffered as a rasult of the City's/Slate's performance of this contract.

"General Decision Number: MD20240061 05/10/2024

Superseded General Decision Number: MD20230061

State: Maryland

Construction Type: Residential

County: Baltimore City County in Maryland.

RESIDENTIAL CONSTRUCTION PROJECTS {consisting of single family homes and apartments up to and including 4 stories).

Note: Contracts subject to the Davis-Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive·Order 14026 or Executive Order 13658.

Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but do not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.l{a){l).

!If the contract is entered !into on or after January 30, 12022, or the contract is !renewed or extended (e.g., an !option is exercised) on or after January 30, 2022:

If the contract was awarded on or between January 1, 2015 and January 29, 2022, and the contract is not renewed or extended on or after January 30, 2022:

Executive Order 14026 generally applies to the contract.

The contractor must pay all covered workers at least $17.20 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in 2024.

Executive Order 13658 generally applies to the contract.

The contractor must pay all covered workers at least $12.90 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on that contract in 2024.

The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a conformance request.

Additional information on contractor requirements and worker protections under the Executive Orders is available at http://www.dol.gov/whd/govcontracts.

Modification Number

Publication Date 01/05/2024

05/10/2024

* CARP0251-007 05/01/2024

Rates

FLOOR LAYER: Carpet ............. $ 34.12

* SUMD2012-021 06/25/2014

Rates

BRICKLAYER (Insulator Foam) ...... $ 21.60

CARPENTER, Excludes Drywall Hanging, and Metal Stud Installation ..................... $ 19.41

CEMENT MASON/CONCRETE FINISHER ... $ 18.92

DRYWALL HANGER AND METAL STUD

INSTALLER ........................ $ 16.36

ELECTRICIAN ...................... $ 22.59

IRONWORKER, ORNAMENTAL ........... $ 17.31

LABORER: Common or General, including brick mason tending and cement mason tending ......... $ 13.81

LABORER: Pipelayer .............. $ 16.19

OPERATOR:

Backhoe/Excavator/Trackhoe ....... $ 18.40

OPERATOR: Loader ................ $ 20.25

Fringes

14.64

Fringes

0.00

3.11

0.00

0.62

0.81

0.00

0.00

2.15

4.42

2.06

PAINTER (Brush and Roller), Includes Drywall Finishing/Taping ................. $ 15.23 **

PLUMBER (HVAC Pipe Installation Only) ............... $ 17. 60

PLUMBER, Excludes HVAC Pipe Installation ..................... $ 20.48

ROOFER ........................... $ 26. 80

SHEET METAL WORKER (HVAC Duct Installation Only) ............... $ 18.82

SPRINKLER FITTER (Fire Sprinklers) ...................... $ 26.06

0.70

0.00

0.00

0.00

1.20

6.52

WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.

** Workers in this classification may be entitled to a higher minimum wage under Executive Order 14026 ($17.20) or 13658 ($12.90). Please see the Note at the top of the wage determination for more information. Please also note that the minimum wage requirements of Executive Order 14026 are not currently being enforced as to any contract or subcontract to which the states of Texas, Louisiana, or Mississippi, including their agencies, are a party.

Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year.

Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at https://www.dol.gov/agencies/whd/government-contracts.

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) (iii)).

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.

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

Classification(s) 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.

State Adopted Rate Identifiers

Classifications listed under the ""SA"" identifier indicate that the prevailing wage rate set by a state (or local) government was adopted under 29 C.F.R §1.3(g)-(h). Example: SAME2023-007 01/03/2024. SA reflects that the rates are state adopted. ME refers to the State of Maine. 2023 is the year during which the state completed the survey on which the listed classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination.

01/03/2024 reflects the date on which the classifications and rates under the ?SA? identifier took effect under state law in the state from which the rates were adopted.

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 summa�ies of surveys, should be with the Wage and Hour National Office because National Office has 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:

Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Aven�e, 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 requester 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"

Attachment 3 General Contract Conditions for U.S. Department of Housing and Urban

Development Small Construction/Development Contracts

Appllcablllty. The foUowlng contract clauses are applicable and must be Inserted Into amau conatructlon(dayelopment contqcta, Afllllc tbto u,ooo but not mom bo $100,000,

1. Definitions

Terms used In this form are the same as defined In the HUD- 5370 Form.

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.Dleputn

(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 clalms by the Contractor shall be made in writing and submitted to the Contracting Officer for a written declalon. A claim by the PHA against the Contractor shall be subject to a written declalon 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 wlU 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 declalon.

(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 falls to prosecute the work, or any separable part thereof, with the diligence that will Insure its completion within tha time specified In this contract, or any extension thereof, or falls 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 ne08888ry for

Office of Public and Indian Housing 0MB Approval No. 2577-0157 ( exp. 11/30/2008) completing the work. The Contractor and its sureties shall be liable for any damage to the PHA resulting from the Contractor's refusal or failure to complete the work within the specified time, whether or not the Contractor's right to proceed with the work Is terminated. This liability Includes any Increased costs incurred by the PHA In completing the work.

(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 modlfication 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 Dlsputea 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. Tennlnatlon 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 apecifying 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 resuHlng from such termination upon the receipt by the PHA of a property 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 0ncludlng reasonable profit) of settling and paying claims under subcontracts and material ordara 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 asaignee 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

Page, &e Fohn Aoo:as,m w

(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 expresaly made subject to the provisions of the Disputes dause of this contract.

8. Insurance

(a) Before commencing work, the Contractor and each subcontractor shall furnish the PHA with c:ertiflcatea of Insurance showing the foUowing Insurance Is In force and will Insure all operations under the Contract:

(1) Workers' Compensation, in accordance with state or Territorial Wortcers' Compensation laws.

(2) Commercial General Liability with a oomblned single llmlt for bodily Injury and property damage of not less than $ 1,000,000.00 [Contracting Officer Insert amount) per OCQ.lrrence 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 slte(s) not covered by Automobile Uablllty under (3) below. If the Contractor has a "c:lalms 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) AutomobHe Llablllty on owned and non -owned motor vehicles used on the site(&) or In connection therewith for a combined single limit for bodily Injury and property damage of not less than $ 1,000,000.00 [Contracting Officer Insert amount] per occ:urrence.

(b) Before commencing work, the Contractor shall fumlsh 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 slte(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 Bullder's Risk Insurance need not be carried on excavations, piers, footings, or foundations until such time as work on the super-structure is started. It need not be carried on landscape work. Pollcles shall furnish coverage at all times for the full cash value of all completed construction, 88 well 88 materials In place and/or stored at the slte(s), whether or not partial payment has been made by the PHA. The Contractor may tennlnate 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 flnanclally 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 oonstructlon period, the Contractor Oncludlng subcontractors, as applicable) shall not permit the ooverage to lapse and shall fumlsh 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 responslbllltles of the parties (e.g., change In the PHA address). All other contract modifications shall be In the fonn 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 shaU 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-fumlshed facllltlas, 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 detenninatlon) from the Contracting Officer that causes a change shall be treated as a change order under this clause; provided, that the Contractor gives the Contracting Officer written notice stating (1) the date, circumstances and source of the order and (2) that the Contractor regards the order as a change order.

(c) Except 88 provided In this clause, no order, statement or conduct of the Contracting Officer shall be treated as a change under this clause or entitle the Contractor to an equitable adjustment

(d) If any change under this clause causes an Increase or decrease in the Contractor's cost of, or the time required for the 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

Fag:&IQJ FOIIII RUDSWIG45. (O&iOW)

Contractor gives written notloe as required. In the case of defective spec:fflcatlons for which the PHA Is responsible, the equitable adjustment shall include any increased cost reasonably incurred by the Contractor in attampting to comply with the defective specifications.

(e) The Contractor must assert its right to an adjustment under this clause within 30 days after (1) receipt of a writtan change order under paragraph (a) of this clause, or (2) the furnishing of a written notice under paragraph (b) of this clause, by submitting a written statement describing the general nature and the amount of the proposal. If the facts justify It, the Contracting Officer may extend the period for submlasion. 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.

(f) The Contractor's written proposal for equitable adjustment shall be aubmttted in th& fonn of a lump sum proposal sup ported with an Itemized breakdown of all increases and de CJ8ases In the contract In at least the following details:

(1) Direct Costs. Materials (11st Individual Items, the quantity and unit cost of each, and the aggregate cost};

Transportation 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 LlabRlty 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 coats.

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

The anowabllity of the direct and Indirect costs shall be determined in aocordance 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 pro ceeding with the contract as changed.

(j) Except in an emergency endangering llfe or property, no change shaD be made by the Contractor without a prior order from the Contracting Officer.

9. Examination and Retention of Contractor'• Recorde

The HA, HUD, or Comptroller General of the United States, or any of their duly authorized representatlvea shall, until three years after final payment under this contract, have acoess 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 (OWnerehlp and Proprietary lntere8t)

The HA shall have exclusive ownership of, all proprietary interest In, and the right to full and exclusive possession of all Information, materlaia, 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 conseNation plan issued In compliance with the Energy Policy and Conservation Act (Pub.L. 94-183) for the State in which the work under this contract Is performed.

12. Labor Standards - Davia-Bacon and Related Acta

(a) Minimum Wages.

(1) All laborers and mechanics employed under this contract In the construction or development of the project(s) Involved will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations Issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage detennlnation of the Secretary of Labor which Is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the Contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)Qv); also, regular contributions made or costs Incurred for more than a weekly period (but not less often than quarterty) under plans, funds, or programs which cover the regular weekly period, are deemed to be constructively made or incurred

Fl§&SUI d Fdiih RCWI J5E2 (UYIJOOJ during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits in the wage determination for the cla&slficatlon of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics perfonnlng work in more than one classification may be compensated at the rate specified for each cla88fflcation for the time actually worked therein; provided, that the employer's payroU records accurately set forth the time spent In each classlflcation In which work Is perfonned. The wage determination (Including any addltional classification and wage rates 00nformed under 29 CFR 5.5(a)(1)(1I) and the Davls-Ba00n poster (WH-1321) shall be posted at all times by the Contractor and Its subcontractors at the site of the work In a prominent and accessible place where It can be easily seen by the workers.

(2)(1) Any class of laborers or mechanics, Including helpers, which Is not listed In the wage detennlnation and which Is to be employed under the contract shall be dasslfled In 00nformance with the wage detenninatlon. HUD shall approve an additional cl8881ficatlon and wage rate and fringe benefits therefor only when all the following criteria have been met:

(a) The work to be performed by the classification requested is not performed by a classlflcatlon in the wage determination; and

(b) The classification is utilized in the area by the constructlonlndustry;and

(c) The proposed wage rate, Including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained In the wage determination.

(ii) If the Contractor and the laborers and mechanics to be employed In the classification (If known), or their repl'988ntatives, and HUD or its deslgnee agree on the classification and wage rate (Including the amount designated for fringe benefits where appropriate), a report of the action shall be sent by HUD or Its designee to the Administrator of the Wage and Hour Division, Employee Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional clasalfication action within 30 days of receipt and 80 advise HUD or ita deslgnee or will notify HUD or Its deslgnee within the 30-day period that additional time Is necessary.

(iii) In the event the Contractor, the laborers or mechanics to be employed In the classification or their repl'988ntatives, and HUD or Its deslgnee do not agree on the proposed classification and wage rate (Including the amount designated for fringe benefits, where appropriate), HUD or Its deslgnee shall refer the questions, including the views of all Interested parties and the recommendation of HUD or its designee, to the Administrator of the Wage and Hour Division for determination. The Administrator, or an authorized representative, will isaue a determination within 30 days of receipt and

80 advise HUD or its designee or will notify HUD or its deslgnee within the 30-day period thet additional time la necessary.

(Iv) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraph& (a)(2)(10 or (Iii) of this clause shall be paid to all workers performing work in the classification under this contract from the first day on which wortt Is performed In the classification.

(3) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics Includes a fringe benefit which ls not expressed as an hourly rate, the Contractor shaU either pay the benefit as stated In the wage determination or shaH pay another bona fide fringe benefit or an hourty cash equivalent thereof.

(4) 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, that the appltcable 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.

(b) Withholding of Funda. HUD or Its deslgnee shall, upon Its own action or upon written request of an authorized representative of the Department of Labor, wlthhotd or cause to be withheld from the Contractor under this contract or any other Federal contract with the same prime Contractor, or any other Federally-assisted 00ntract subject to Davl& Ba00n prevailing wage requirements, which is held by the same prime Contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the Contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, Including any apprentice, trainee, or helper, employed or working in the 00nstructlon or development of the project, all or part of the wages required by the 00ntract, HUD or its deaignee may, after written notice to the Contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the Contractor, disburse such amounts withheld for and on account of the Contractor or subcontractor to the respective employees to whom they are due.

(c) Payrolls and Basic Records.

(1) Payrolls and basic records relating thereto shall be maintained by the Contractor during the course of the work and prese,ved for a period of three years thereafter for all

FagG4&6 I &iii HJDSWJOG! (USiUOd) laborers and mechanics working In the construction or development of the project. Such records shall contain the name, address, and social security number of each such worker, his or her correct classlficatlon, hourty rates of wages paid (Including rates of contributions or costs anticipated for bona fide fringe benefits or C88h equivalents thereof of the types described In section 1 (b)(2)(B) of the Davis-Bacon Act), dally and weekly number of hours worked, deductions made, and actual wages paid. Whenever the Secretary of Labor has found, under 29 CFR 5.5(a)(1 )(Iv), that the wages of any laborer or mechanic Include the amount of costs reasonably anticipated In providing benefits under a plan or program described In section 1 (b)(2)(B) of the Davia-Bacon Act, the Contractor shall maintain records which show that the commitment to provide such benefits Is enforceable, that the plan or program Is financially reaponslble, and that the plan or program has been communicated In writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost Incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed In the applicable programs.

(2) (ij The Contractor shall submit weekly for each week in which any contract work Is perfonned a copy of all payrolls to the Contlactlng Officer for transmission to HUD or Its designee. The payrolls submitted shall set out accurately and completely au of the lnfonnatlon required to be maintained under subparagraph (c)(1) of this clause. This Information may be submitted in any form desired. Optional Fenn WH- 347 (Federal Stock Number 029-005-00014-1) la available for this purpose and may be purchased from the Superintendent of Documents, U.S. Govemment Printing Office, Washington, D.C. 20402. The prime Contractor la responsible for the aubml88lon of copies of payrolls by all subcontractors. (Approved by the Office of Management and Budget under OMB Control Number 1214-0149.)

(lij Each payroll submitted shall be accompanied by a "Statement of Compliance,• signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following:

(A)That the payroll for the payroll period contains the Information required to be maintained under paragraph (c)(1) of this clause and that such Information Is correct and complete;

(B) That each laborer or mechanic (Including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or Indirectly from the full wages eamed, other than permissible deductions as set forth In 29 CFR Part 3; and

(C) That each laborer or mechanic has been paid not le88 than the applicable wage rates and fringe benefits or cash equlValents for the classlflcation of work performed, as specified In the appllcable wage determination Incorporated Into the contract.

(Iii) The weekly submission of a property executed certification sat forth on the reverse side of Optional Form

WH-347 shall satisfy the requirements for submission of the ·statement of Compliance• required by subparagraph (c)(2)(1ij of this clause.

(Iv) The falsification of any of the above certifications may subject the Contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 3729 of Title 31 of the United States Code.

(3) The Contractor or subcontractor shall make the records required under subparagraph (c)(1) available for Inspection, copying, or transcription by authorized representatives of HUD or Its designee, the Contracting Officer, or the Department of Labor and shall permit such representatives to lnteNlew employees during working hours on the Job. If the Contractor or subcontractor falls to submit the required records or to make them available, HUD or Its dealgnee may, after written notice to the Contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, fallure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12.

(d ) Apprentlc... Apprentices will be permitted to work at le88 than the predetermined rate for the work they perfonned when they are employed pursuant to and Individually registered in a bona fide apprentlceahlp program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and labor Services (OATELS), or with a State Apprenticeship Agency recognized by OATELS, or If a person Is employed In his or her first 90 day& of probationary employment as an apprentice In such an apprenticeship program, who Is not lndlVtdually registered in the program, but who has been certified by OATELS or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice.

The allowable ratio of apprentices to joumeymen on the job site In any craft classlficatlon shall not be greater than the ratio permitted to the Contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who Is not registered or otherwise employed as stated In this paragraph, shall be paid not le88 than tha applicable wage rate on the wage determination for the d8S8iflcetlon of work actually perfonned. In addition, any apprentice perfonnlng work on the job site in excess of the ratio permitted under the registered program shall be paid not leas than the applicable wage rate on the wage detennlnatlon for the work actually performed. 'A'here a contractor Is performing construction on a project In a locality other than that In which Its program Is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourty rate) spec:lfled In the Contractor's or subcontractor's registered program shall be obseNed. Every apprentice must be paid at not leas than the rate specified In the registered program for the apprentice's level of progre88, expressed as a percentage of the Journeyman hourly rate specified In the applicable wage determination. Apprentices shall be paid fringe benefits In accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits Usted on the wage determination for the

F&§JS&b F&lii hbb4SIJ!& (b&IOW) applicable cla88iflcation. If the Administrator of the Wage and Hour Division detennlnes that a different practice prevails for the applicable apprentice classlftcatlon, fringes shall be paid In accordance with that detennlnatlon. In the event OATELS, or a State Apprentk:eship Agency recognized by OATELS, withdraws approval of an apprenticeship program, the Contractor will no longer be pennltted to utilize apprentices at less than the applicable predetennlned rate for the work performed until an acceptable program Is approved.

(e) Trainees. Except as provided In 29 CFR 5.16, trainees will not be pennltted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered In a program which has received prtor approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to joumeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration.

Every trainee must be paid at not less than the rate specified In the approved program for the trainee's level of progress, expressed as a percentage of the joumeyman hourty rate specified In the applicable wage detennlnatlon. Trainees shall be paid fringe benefits In accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed In the wage detennlnatlon unless the Administrator of the Wage and Hour Division determines that there Is an apprenticeship program a880clated with the corresponding journeyman wage rate In the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who Is not registered and partldpatlng In a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate In the wage determination for the dasalftcatlon of work actually performed. In addition, any trainee performing work on the Job site In excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rata In the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the Contractor wlU no longer be permitted to utilize trainees at less than the appllc:able predetennlned rate for the work performed until an acceptable program Is approved.

(f) Equal Employment Opportunity. The utilization of apprentices, trainees, and journeymen under this clause shall be In conformity with the equal employment opportunity requirements of Executive Order 11248, as amended, and 29 CFR Part 30.

(g) Compliance with Copeland Act Requframenta. The Contractor shall ClOfflply with the requirements of 29 CFR Part 3, which are hereby Incorporated by…