Housing Authority of Baltimore City

Invitation for Bids

PUR- 1828-26

Scattered Sites - Back Yard - Vacant Lot- Mowing Pruning, Weeding, Edging, Trash, & Bulk

Removal

HABC Procurement Department

417 E. Fayette Street, Suite 401

Baltimore, Maryland 21202

James Demchenko (410) 984-1956

Bid Sheet

Scope of Work: Contractor shall provide all labor, material, equipment, supervision, permits and all things incidental to complete the scope of services as described in Attachment 1 Price Proposal and

Detailed Scope of Work

Lump Sum Bid: $ _________________________

This quotation is valid for 30 days.

By: _________________________________________ Date: _____________________

Name, Address and Telephone Number of Bidder

Printed Name and Title of Authorized Official of Bidder

Signature of Authorized Official of Bidder Date

Notes:

• Contractor must be in compliance with Attachment- 2 General Decision Number:

MD20260061, Modification No. 0, Date of Modification 05/08/2026.

• The Successful Bidder must be in compliance with Attachment-3 HABC Service Contracts-

Insurance Requirements (A through C), and upon notification of award, must name the

Housing Authority as additionally insured as related to work performed under this contract.

Attachment - 1 Price Proposal and Detailed Scope of Work

Attachment - 2 General Decision Number: MD20260061, Modification No. 0, Date of Modification

05/08/2026.

Attachment - 3 HABC Service Contracts- Insurance Requirements

Attachment- 4 FORM HUD5370-EZ General Contract Conditions for Small Construction/Development

Contracts

Attachment - 5 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary

Exclusion – Lower Tier Covered Transactions

Attachment - 6 Section 3 Clause

Attachment - 7 Section 3 Requirements

Attachment – 8 Section Reference Responsibility Review Form

Please complete the appropriate information, sign and return via Bonfire by 2:00 p.m. EST on

Friday, August 14, 2026.

AWARD OF CONTRACT

Contract Award: HABC will analyze bids and award requirements contract to the lowest responsive and responsible bidder. This contract will be awarded on a not-to-exceed cost basis expected to be Two Hundred Fifty Thousand

Dollars ($250,000.00), based on unit prices submitted to the lowest responsive and responsible bidder meeting specifications and offering the lowest unit prices. In addition, HABC reserves the right to take any of the following actions without liability to any bidder:

(1) HABC may: (a) reject any and all bids received; (b) waive any minor irregularities or technicalities in bids received;(c) make a single award or multiple awards to more than one (1) bidder for supply of all or any combination of the items delineated in Attachment 1; (d) accept any item or combination of items bid unless precluded elsewhere in the solicitation; (e) amend this solicitation as permitted by applicable law at any time during the solicitation process; or (f) cancel this solicitation in its entirety or any portion there of at any time during the solicitation process including after award. HABC reserves rights shall in no way affect the formation of a contract upon written notice of award by HABC to the successful bidder. If multiple awards are made, the intent shall be to make awards which, at the sole determination of HABC ,are in its best interest, based on HABC's needs and requirements. HABC makes no guarantees as to amount of award, if any.

(2) HABC may reject any bid as unacceptable if it is materially imbalanced as to the prices for the various items of work to be performed. A bid is materially imbalanced when it is based on prices significantly less than cost for some work and prices, which are significantly overstated for other work.

Term of Contract: The contract(s) resulting from this IFB shall provide for a term of not to exceed one (1) year, except that HABC shall have a unilateral option to renew the contract(s) upon the same terms and conditions for another period not to exceed one (1) year. The contract term shall commence on the date specified in the Notice-to-proceed or Purchase Order issued by HABC. Signature: ________________________________

Proof of Insurance: The successful bidder shall furnish to HABC a certified copy of the policy or policies covering all work as required in the contract, as evidence that the insurance required is maintained and in force for the entire duration of the contract. HABC may, at its sole discretion, immediately cancel the contract award without prior notice to the successful bidder upon any failure to submit any of the required Certificates of Insurance or any other document required under the IFB. Any and all existing agreements between HABC and the successful bidder shall immediately become null and void upon such cancellation without liability to such bidder. (see attached Service Contract –

Insurance Requirements)

PUR-1828-26

Scattered Sites - Back Yard - Vacant Lot- Mowing Pruning, Weeding, Edging, Trash, & Bulk

Attachment 1

Price Proposal and Detailed Scope of Services

STATEMENT OF WORK (SOW)

The Housing Authority of Baltimore City

1. General Information

Housing Authority Name: Housing Authority of Baltimore City

Solicitation / Contract No.: [Enter number]

Project Title: Scattered Sites - Back Yard - Vacant Lot- Mowing Pruning Weeding Edging Trash & Bulk Removal

Date Issued: [07/27/2026]

2. Purpose and Background Purpose: The Housing Authority of Baltimore City (HABC) is soliciting qualified Contractors to provide comprehensive exterior grounds maintenance services for scattered-site vacant residential properties, vacant lots, and other HABC-owned parcels located throughout Baltimore City. The Contractor shall furnish all labor, supervision, equipment, vehicles, tools, materials, transportation, fuel, disposal fees, permits, insurance, and all incidentals necessary to perform the work described herein.

Background: The purpose of this contract is to maintain HABC properties in a clean, safe, secure, and presentable condition while reducing neighborhood blight, controlling vegetation, removing illegal dumping, and supporting HABC's operational objectives.

3. Contract Type Structure This contract combines two pricing structures, described in Sections A and B below. The Contractor shall track and invoice each structure separately in accordance with the terms specified.

• Section A — Firm Fixed Price (FFP): applies to clearly defined, deliverable-based work with a predetermined scope.

• Section B — Time and Materials (T&M): applies to work of uncertain duration or scope, billed at fixed hourly labor rates.

SECTION A — FIRM FIXED PRICE (FFP)

A.1 Scope of Work

Routine Grounds Maintenance

Provide reliable recurring grounds maintenance, illegal dumping removal and emergency response services while maintaining flexibility for HABC to modify the active property inventory.

Begin routine maintenance services within 10 calendar days of the NTP unless otherwise directed by HABC.

The Contractor shall maintain the capability to respond to emergency service requests throughout the contract period.

Health & Safety Emergency

4 Hours

Illegal Dumping 24 Hours Storm Cleanup 24 Hours Inspection Preparation 24 Hours HABC Priority Request As directed by HABC

• Task 1: [Growing Season (April 1 – October 31): Every 14 calendar days]

• Task 2: [Dormant Season (November 1 – March 31): Every 30 calendar days]

A.2 Deliverables, Milestones, and Pricing

The Contractor shall complete the deliverables below for the fixed prices stated. Payment is made upon Housing Authority acceptance of each milestone — not on the basis of hours or costs incurred.

Deficiency Corrections

If HABC determines work is incomplete or does not meet the requirements of this Scope of Work, the Contractor shall:

• Acknowledge the deficiency within 2 business hours.

• Correct routine deficiencies within 24 hours.

A.3 Equipment Requirements

Provide commercial-grade mowers, trimmers, blowers, trucks, trailers, hand tools and PPE. Maintain backup equipment.

A.4 Hours of Operation

Routine work shall generally occur during normal business hours unless otherwise approved.

A.5 Contractor Communication

Immediately report inaccessible properties, major dumping, hazards, storm damage or unsafe conditions.

A.6 Daily Service Reports

Maintain daily logs identifying addresses serviced, work completed, crew members and issues observed.

A.7 Photo Documentation

Provide before-and-after photographs for routine and emergency work.

A.8 Quality Control

Perform internal QC inspections before leaving each property.

A.9 HABC Inspections

Correct deficiencies identified by HABC within 24 hours unless otherwise directed.

A.10 Invoice Requirements

Include addresses serviced, dates, work performed and supporting documentation.

A.11 Performance Expectations

Maintain quality workmanship, timely response, accurate reporting and professional conduct.

SECTION B — TIME AND MATERIALS (T&M)

B.1 Scope of Work

• Task 1: Illegal Dumping

• Task 2: Health & Safety Emergency

• Task 3: Storm Cleanup

• Task 4: Inspection Preparation

• Task 5: HABC Priority Request

B.2 Labor Categories and Rates

Rates to be added by Contractor, as shown on attachment 1 (Bid Sheet).

Labor Category Hourly Rate

[Technician] [$0.00]

[Helper] [$0.00]

[Support] [$0.00]

B.3 Materials and Other Direct Costs (ODCs)

The Contractor shall supply all labor, material, supervision, equipment, insurance, permits including U&O (Unit of Occupancy Permit) and all other incidentals required to complete the work items listed below as requested by HABC, in accordance with all applicable federal, state and local regulations

B.4 Period of Performance

The contracts resulting from this RFP shall provide for a term not to exceed one (1) calendar year, except that HABC shall have a unilateral option to renew the contract(s) upon the same terms, conditions, and prices for up to two (2) additional one (1) year periods, subject to all necessary HUD approvals. Unless otherwise stated in the contract, the contract term shall commence on the date specified in the Notice to Proceed or Purchase Order issued by HABC.

SECTION C – ACCEPTANCE STANDARDS

Completed work shall be accepted when all required services have been performed, documentation submitted, properties are clean, vegetation maintained, illegal dumping removed, and no deficiencies remain requiring return visits.

Work Item Acceptance Standard Grass Cutting 3–5 inches; no missed areas Trimming Complete around fixed objects Weed Removal No weed growth Trash Removal No visible litter Illegal Dumping Assigned debris removed Final Cleanup No maintenance debris left Documentation Complete and submitted

Property / Site Name Address Growing Season Monthly Rate

Growing Months

Growing Season Subtotal

Dormant Season Monthly Rate

Dormant Months

Dormant Season Subtotal

Annual Total (Property)

BALTIMORE CITY 1719 W. Baltimore St. 7 5 1722 W. Baltimore St. 7 5 203 Bethel St. 7 5 205 Bethel St. 7 5 207 Bethel St. 7 5 209 S. Bethel St. 7 5 213 S. Bethel St. 7 5 3506 W. Belvedere Ave 7 5 513 Bloom St. 7 5 515 Bloom St. 7 5 2522 Boyd Ave. 7 5 2520 Boyd Ave 7 5 913 N Calhoun St. 7 5 915 N. Calhoun St. 7 5 921 N. Calhoun St. 7 5 922 N. Calhoun St. 7 5 1734 N. Calhoun St. 7 5 2100 N. Calvert St. (lot) 7 5 2102 N. Calvert St. (lot) 7 5 2104 N. Calvert St. (lot) 7 5 2106 N. Calvert St. (lot) 7 5 2108 N. Calvert St. (lot) 7 5 2110 N. Calvert St. (lot) 7 5 2112 N Calvert St (Lot) 7 5 2114 N. Calvert St. (lot) 7 5 2116 N. Calvert St. (lot) 7 5 2118 N. Calvert St. (lot) 7 5 2120 N. Calvert St. (lot) 7 5 2122 N. Calvert St. (lot) 7 5 2124 N. Calvert St. (lot) 7 5 2126 N. Calvert St. (lot) 7 5 2128 N. Calvert St. (lot) 7 5 2130 N. Calvert St. (lot) 7 5 1306 N. Carey St. 7 5 1344 N. Carey St. 7 5 1449 N Carey St. 7 5 150 N. Carrolton St. 7 5 8 S. Catharine St. 7 5 2109 Chelsea Terr. 7 5 111 N. Collington Ave. 7 5 728 Cumberland St. 7 5 1533 Druid Hill Ave. 7 5 2000 Druid Hill Ave. 7 5 3405 Duvall St. 7 5 1220 E. Eager St. 7 5 1355 N. Gilmor St 7 5 1018 N. Gilmor St 7 5 1301 Glyndon St. 7 5 21 S. Hilton St. 7 5 1030 Homewood (Lot) 7 5 2500 W. Jefferson St. 7 5 160 S. Kossuth St. 7 5 164 S. Kossuth St. 7 5 166 S Kossuth St. 7 5 168 S. Kossuth St 7 5 1716 Laurens St (lot) 7 5 538 Laurens St. 7 5 1213 Mosher Ave 7 5 1316 Mosher St. 7 5 1319 Mosher Ave 7 5 1326 Mosher St. 7 5 1330 Mosher St. 7 5 1415 Mosher St. 7 5 1623 Mosher St. 7 5 1627 Mosher St. 7 5 1328 N. Mount St. 7 5 1338 N. Mount St. 7 5 1436 N. Mount St. 7 5 1707 N. Mount St. 7 5 306 N. Mount St. 7 5 1629 W. Mulberry St. 7 5 1843 W. North Ave 7 5 2842 W. North Ave 7 5 814 E. North Ave. 7 5 826 E. North Ave. 7 5 3522 Overview Rd 7 5 2700 Owego Ave. 7 5 2705 Owego Ave. 7 5 2709 Owego Ave. 7 5 4823 Palmer Ave 7 5 4204 Park Heights Ave 7 5 4206 Park Heights Ave 7 5 625 Pitcher St. 7 5 1625 E. Pratt St. 7 5 1627 E. Pratt St. 7 5 1629 E Pratt St. 7 5 1631 E. Pratt St. 7 5 1633 E. Pratt St. 7 5 1635 E. Pratt St. 7 5 1637 E. Pratt St. 7 5 1639 E. Pratt St. 7 5 1815 W. Pratt St. 7 5 1817 W. Pratt 7 5 1825 W. Pratt St. 7 5 1711 Presstman St 7 5 742 E Preston St. 7 5 800 E Preston St. 7 5 804 E. Preston St. 7 5 824 E. Preston St. 7 5 293 S. Pulaski St. 7 5 2812 Quantico Ave. 7 5 1101 Race St. (lot) 7 5 1103 Race St. (Lot) 7 5 1105 Race St. (Lot) 7 5

Grass Cutting Services — Contractor Price Itemization Instructions: Enter your flat monthly rate for the Growing Season (7 months) and Dormant Season (5 months) for each property listed. Extend the property list as needed. Totals calculate automatically.

Growing Season = April 1–October 31 (7 months, active mowing) | Dormant Season = November 1–March 31 (5 months, standby/no mowing, still paid); Mowing

GROWING SEASON (7 months) DORMANT SEASON (5 months)

1121 Race St. 7 5 1117 Riggs Ave 7 5 1605 Riggs Ave. 7 5 2801 Rockrose Ave 7 5 1184 Sargent St. 7 5 2208 Sidney Ave 7 5 3508 Spaulding Ave. 7 5 1152 N. Stricker St. 7 5 902 N. Stricker St. 7 5 927 N. Stricker St. 7 5 3426 Virginia Ave. 7 5 3523 Virgina ave 7 5 803 Whitelock (Lot) 7 5 1834 Wilhelm St. 7 5 1836 Wilhelm St. 7 5 310 E 20th St. (lot) 7 5 312 E. 20th st. (lot) 7 5 314 E. 20th St (lot) 7 5 316 E. 20th St. (lot) 7 5 322 E. 20th St. (Lot) 7 5 326 E. 20th St. (Lot) 7 5 330 E 20th St. (lot) 7 5 332 E 20th St. (lot) 7 5 334 E 20th St. (lot) 7 5 338 E 20th St. (lot) 7 5 340 E 20th St. (lot) 7 5 342 E 20th St. (lot) 7 5 403 E 20th St. (lot) 7 5 415 E. 23rd St. (lot) 7 5 419 E. 23rd St. (lot 7 5 423 E. 23rd St. (lot) 7 5 427 E. 23rd St.(lot) 7 5 429 E. 23rd St. (lot) 7 5 445 E. 23rd St. (lot) 7 5 625 E. 41st St. 7 5

Bailey Units 2810 Oakley Ave 7 5 2921 Woodland Ave 7 5

3004 DuPont Ave 7 5 3017 Rosalind Ave 7 5 4005 Fernhill Ave 7 5 3908 Dorchester Road 7 5 3703 W. Forest Park Ave 7 5 4617 Parkwood Ave 7 5 4619 Parkwood Ave 7 5 5908-5910 Highgate Drive 7 5 5604 Merville Ave 7 5 4403 Colborne Road 7 5 4409 Groveland Ave 7 5 4203 Ridgewood Avenue 7 5

3535 Hayward Avenue 7 5 3918 Fernhill Avenue 7 5 3814 Belle Avenue 7 5 4808 Olney Road 7 5 4421 St. Georges Avenue 7 5 5316 Ready Avenue 7 5 3217 Windsor Ave 7 5 4304 Ridgewood Ave. 7 5

5207 Norwood Ave. 7 5 3901 Belle Ave 7 5

2410 Elsinore Ave 7 5

4105 Garrison Blvd 7 5 3990 Roland Ave 7 5

718 West 36th St 7 5 4004 Parkside Drive 7 5 3210 Northway Drive 7 5 509 Archer St, 1 7 5 605 S Washington St 7 5 1703 Swansea Rd 7 5

Other 6407 Fernbank Ave 7 5 836 E Preston St. 7 5 1511 Edmonson Ave 7 5 2629 Edmonson ave 7 5 1325 N Eden st. 7 5 702 N Bradford 7 5 3011 Spaulding 7 5 1321 N. Eden St. 7 5 1325 N. Eden St. 7 5

$0.00 $0.00 $0.00GRAND TOTAL — ALL PROPERTIES (Annual Bid) Note: Growing Season and Dormant Season month counts (7 and 5) are fixed per the IFB scope of work and are not editable. Contractor enters only the flat monthly rate for each season, per property.

PUR-1828-26

Scattered Sites - Back Yard - Vacant Lot- Mowing Pruning, Weeding, Edging, Trash, & Bulk

Attachment 2

General Decision Number: MD20260061, Modification No. 0, Date of Modification 05/018/2026.

Attachment 3

HABC Service Contracts- Insurance Requirements

ARACHMENT1

Senlc,e CNCralJts - lnauranoe Regull'tlllelda

Insurance • The Contractor/SuppHer 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 (Tall) 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 llmlts, any Insurance coverage required under this contract.

a.

b.

c.

Wllftfltt Cc-mrre .,_l'IIQII • Contactor/Suppller 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 aN Maryland Statutory requirements.

fwd HeM!!r ts·,.... • 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 occ:urrence. The Certificate of Insurance for General Liability Insurance must name HABC as an additional Insured.

Alllomullle Ualfllty lnmNw • 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 "bodlly 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 LlablUtv lnsuranc:e • 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 Combjned 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 Services rendered (example • Legal, Medical, Archilectural, Engineering, etc.)

e. PN111 ulpgl IJlllplNlw (Errors and Omissions) l11181'U01 - Contractor/Supplier Including subcontractors shall obtain and maintain Professional Uablllty/Malpractlce Insurance during the term of a professional services contract protecUng 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 10001000 per occurrence.

In addition to the above requirements to obtain and maintain Workers Compensation. General Uability, Automobile Liability, Pollution Liability and Professional Liability insurance, HABC ls to be named aa additional Insured on all pollcle• (where permissible). The Contractor/Supplier shall also agree to ,ave. defend. Indemnify and hold HABC, Ila offlcen, agents and employee., hannleu 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 ID the requirements of insurance in the a hove 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 malntalned and in force for the entire duration of the contract agreement. The Contractor/Supplier including subcontractors must also notify HABC within 3Q days prior to any termination of the required Insurance. Any /apse In Insurance cowrage is caU§e for the immediate tennination of this contract.

II 111/s agraemenl Is wllh lhe Mayor and Clly Counc/1 of Sall/more (City) end/or rtte Srare of Maryland (St■t■J. HABC w111,ccept the Clly'.tlState's Se"•IMU11111Ce progr■m(sJ as 1ppl/ed to WOlflel'I Compenaallon. Commfldel Genetel Uabllify, Automoblle U.bllily. Pollution LJab/11/y, and ProleuSon■J UabiNty. Howe.,.,. II Is rqeed lhat /tie Cify'S/Slate's cow,age 1/m/U $hell re/feet 111d p,ovlde lJDl cornpllfl881ion for any end ,11 ios.s Mered as• ,.,un of the Ctty'�ate's perform1111C11 of lhls con/tact.

Attachment 4

FORM HUD5370-EZ General Contract Conditions for Small Construction/Development Contracts

Page 1 of 7 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. 11/30/2023)

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.

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

(d) 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.

( ) 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.

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).

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(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 Acts

(a) Minimum Wages.

(1) All laborers and mechanics employed under this contract in the construction or development of the project(s) involved will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29

CFR Part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the Contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the regular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits in the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein; provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR

5.5(a)(1)(ii) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the Contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.

(2) (i) Any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefor only when all the following criteria have been met:

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

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

(c) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage detemination.

(ii) If the Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action shall be sent by HUD or its designee to the Administrator of the Wage and Hour

Division, Employee Standards Administration, U.S.

Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary.

(iii) In the event the Contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the

Administrator of the Wage and Hour Division for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary.

(iv) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs

(a)(2)(ii) or (iii) of this clause shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.

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

(4) If the Contractor does not make payments to a trustee or other third person, the Contractor may consider as part

Page 5 of 7 Form HUD-5370-EZ (1/2014) of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program; provided, that the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.

(b) Withholding of Funds. HUD or its designee shall, upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the Contractor under this contract or any other Federal contract with the same prime Contractor, or any other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime Contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the

Contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working in the construction or development of the project, all or part of the wages required by the contract, HUD or its designee may, after written notice to the Contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the Contractor, disburse such amounts withheld for and on account of the Contractor or subcontractor to the respective employees to whom they are due.

(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 preserved for a period of three years thereafter for all laborers and mechanics working in the construction or development of the project. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof…