842542hvacHabc.pdf

Housing Authority of Baltimore City

Invitation for Bids

PUR-1842-26

On-Call HVAC Services – Rehab Maintenance

HABC Procurement Department

417 E. Fayette Street, Suite 401

Baltimore, Maryland 21202

Mary Kate Gagliardi (410) 396-3105

Mary.gagliardi@habc.org

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

Total Bid Amount: $ __________________________

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 01/02/2026.

• 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

01/02/2026.

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

Please complete the appropriate information, sign and return via Bonfire by 2:00 p.m. EST on Tuesday, September 22, 2026.

AWARD OF CONTRACT

Contract Award: HABC will analyze bids and award a contract to the lowest responsive and responsible bidder offering the lowest price, and meeting the specifications. 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 thereof at anytime during the solicitation process including after award. HABC's reservation of 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 unbalanced as to the prices for the various items of work to be performed. A bid is materially unbalanced 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)

Attachment 1

Price Proposal and Detailed Scope of Services

HOUSING AUTHORITY OF BALTIMORE CITY

BID SHEET

Provide HVAC Services - Rehab Maintenance Only

Prices include all requirements in Attachment 6. Estimated quantities are for evaluation only and do not guarantee purchases.

Section A - Unit Pricing Item Description Qty. U/M Unit Price Extended 1 Gas furnace preventive maintenance - Schedule B 100 EA $______ $______

2 Oil furnace preventive maintenance - Schedule C 25 EA $______ $______

3 Air-conditioner preventive maintenance - Schedule D 20 EA $______ $______

4 Documented no-access call, subject to Attachment 6 10 EA $______ $______

5 120,000 BTU gas furnace replacement with thermostat, complete 5 EA $______ $______

6 100,000 BTU gas furnace replacement with thermostat, complete 10 EA $______ $______

7 80,000 BTU gas furnace replacement with thermostat, complete 10 EA $______ $______

8 Trane-compatible fan coil, 400 CFM, thermostat and sensor 5 EA $______ $______

9 Trane-compatible fan coil, 300 CFM, thermostat and sensor 5 EA $______ $______

10 36,000 BTU (3-ton) AHRI-matched A-coil and condenser, complete 5 EA $______ $______

11 4-inch, 30-gauge vent connector, installed 150 LF $______ $______

12 6-inch Type B gas vent, installed 100 LF $______ $______

13 8-inch Type B gas vent, installed 20 LF $______ $______

14 Dwelling-unit duct cleaning, up to 12 accessible openings 20 EA $______ $______

15 Combustion-safety/CO test and written report 20 EA $______ $______

SECTION A SUBTOTAL: $________________

Section B - Additional Labor Item Classification Qty. U/M Rate Extended 16 HVAC mechanic - normal hours 1000 HR $______ $______

17 Helper - normal hours; prior approval required 250 HR $______ $______

18 HVAC mechanic - overtime/emergency 100 HR $______ $______

19 Helper - overtime/emergency; prior approval required 25 HR $______ $______

SECTION B SUBTOTAL: $________________

Section C - Miscellaneous Materials Authorized time-and-material work only. Reimbursement is actual net supplier cost plus the offered markup;

original supplier invoices are required.

Estimated Usage Markup (maximum 12%) Evaluated Amount $5,000.00 ________ % $_________

Evaluated Amount = $5,000.00 x (1 + offered markup).

TOTAL BID (A + B + C): $________________

Bidder Certification Legal Name: _________________________________________________________________

Address: _________________________________________________________________

Telephone / Email: _________________________________________________________________

Authorized Official - Name and Title:

Signature: _________________________________________________________________

Date: _________________________________________________________________

Bid valid for 30 calendar days. Submit through Bonfire by the deadline stated in the final solicitation/addendum.

Initial term: one year, with four unilateral one-year renewal options. Aggregate not-to-exceed amount: $250,000.

No minimum purchase is guaranteed.

ATTACHMENT 1 - TECHNICAL SPECIFICATIONS

Provide HVAC Services - Rehab Maintenance Only

1. Scope

• Contractor shall furnish all qualified labor, supervision, tools, testing instruments, transportation, materials, equipment, permits, disposal, and incidentals necessary to inspect, maintain, diagnose, repair, and replace

HVAC equipment when authorized by HABC.

• Work includes preventive maintenance under Schedules B, C, and D; authorized repairs and emergency service; the replacements and miscellaneous items priced on the Bid Sheet; testing; cleanup; and closeout.

Estimated quantities do not guarantee work.

2. Authorization and Response

• No work may begin without an HABC work order, purchase order, notice to proceed, or documented approval from an authorized HABC representative. Verbal emergency approval must be recorded and confirmed in writing by the next business day.

• Emergency calls require live acknowledgment within 30 minutes and a qualified technician onsite within four hours, 24/7. Routine calls require acknowledgment within one business day.

• Additional work requires a written proposal stating labor, materials, markup, and schedule. Contractor shall not exceed the authorized scope or cost.

• A no-access charge is payable only for a confirmed appointment when arrival/departure and attempted entry through HABC are documented and verified.

3. Qualifications

• Maintain all Maryland and Baltimore City licenses required for the work. Properly licensed personnel shall supervise and perform regulated work.

• Personnel handling refrigerant shall hold current EPA Section 608 certification appropriate to the equipment:

Type I, II, III, or Universal.

• Technicians shall be trained and experienced with gas/oil forced-air furnaces, split systems, fan coils, rooftop equipment, controls, combustion testing, and refrigerant recovery. Provide credentials and evidence of at least three years of relevant company experience.

4. Preventive Maintenance and Records

• Complete Schedule B for each gas furnace, Schedule C for each oil furnace, and Schedule D for each air conditioner. Flat rates include checklist labor, ordinary cleaning supplies, lubrication, and one standard filter.

• Each ticket shall identify the property/site, full address/unit, HABC work order, equipment make/model/serial, technician, times, diagnosis, readings, work, parts/refrigerant quantities, remaining deficiencies, and HABC verification.

• Do not mark failed items complete. Immediately report hazards, tag unsafe equipment where appropriate, and provide a repair recommendation.

5. Repairs and Replacements

• Unit-price replacements include removal/disposal, permits, compatible new equipment, thermostat, incidental transitions/fittings, immediate-area connections, start-up, testing, cleanup, and closeout.

Equipment shall be listed, code compliant, AHRI matched where applicable, and approved by HABC before ordering.

• Refrigerant work includes leak diagnosis, recovery, evacuation, manufacturer-specified charge, labeling, and records. Do not add refrigerant without leak diagnosis and authorization.

• Duct-cleaning price includes up to 12 accessible supply/return openings per dwelling, occupied-area protection, source collection, register/grille cleaning, debris removal, and documentation.

• The former “CO2 Certification” item is revised to “Combustion-Safety/CO Test and Written Report,” including ambient CO, flue-gas CO, draft, and manufacturer-required combustion readings.

6. Labor, Materials, and Invoices

• Bill time-and-material work only when authorized. Payable labor is actual productive time. Travel, administration, supervision, hand tools, and ordinary consumables are included unless expressly approved.

Helper hours require advance approval.

• Materials are reimbursed at actual net cost after discounts, returns, credits, and rebates, plus the awarded markup not exceeding 12%. No double markup or markup on unit-priced work.

• Invoices require the purchase/work order, property/site and address, signed service tickets, completed checklist, itemized labor, original supplier invoices, serial numbers, permits, and requested disposal records.

Unsupported charges may be rejected.

7. Safety and Resident Protection

• Comply with MOSH/OSHA, EPA refrigerant rules, hazard communication/SDS requirements, lockout/tagout, and applicable codes. Protect residents, egress, and HABC property; use barriers/signage and clean daily.

• Do not disturb suspected asbestos or other regulated material. Stop work, isolate the area, and notify HABC for testing or abatement direction.

8. Warranty and Acceptance

• Provide a minimum one-year warranty on labor and installed parts from HABC acceptance, unless a longer manufacturer warranty applies. Register equipment warranties and submit model/serial data and start-up records.

• HABC may inspect and require correction of nonconforming work. Payment does not waive concealed defects or warranty rights.

9. HABC Responsibilities

• HABC will provide reasonable access, available equipment information, an authorized contact, and resident/site coordination. Contractor remains responsible for field verification before ordering or replacement.

SCHEDULE B - GAS HOT AIR FURNACE

CHECKLIST

Performed in the Fall

Property/Site: __________________ Address/Unit: __________________ Work Order: ______________

Make/Model: __________________ Serial No.: __________________ Date: __________

No. Inspection / Service Item Result Readings / Notes 1 Inspect vent connector, flue/chimney base, combustion air, and clearances. Pass / Fail / N/A 2 Inspect heat exchanger and burner compartment for damage, corrosion, or soot. Pass / Fail / N/A 3 Clean burners; verify ignition, flame stability, and flame sensing. Pass / Fail / N/A 4 Inspect/clean blower, motor, bearings, belt, and housing; lubricate/adjust as applicable.

Pass / Fail / N/A

5 Replace standard filter; record size. Pass / Fail / N/A 6 Verify thermostat and complete heating call. Pass / Fail / N/A 7 Test fan/limit, pressure, rollout, high-limit, and other safety controls. Pass / Fail / N/A 8 Measure gas pressure as appropriate and inspect accessible gas connections for leakage.

Pass / Fail / N/A

9 Measure draft and combustion, including CO; record final readings. Pass / Fail / N/A 10 Inspect wiring, terminals, disconnect, grounding, voltage, and amperage. Pass / Fail / N/A 11 Check condensate drain/trap on condensing equipment. Pass / Fail / N/A 12 Verify temperature rise is within manufacturer range. Pass / Fail / N/A 13 Document defects and corrective-action recommendation. Pass / Fail / N/A

Closeout

• Record measurements and every failed item; do not use check marks alone.

• Report hazards or shutdowns immediately. Attach the checklist to the service ticket and HABC work order.

• List parts and refrigerant used and obtain HABC verification before leaving.

Technician: __________________ Signature: __________________ Time In: ______ Time Out: ______

HABC Representative: __________________ Verification: __________________

SCHEDULE C - OIL HOT AIR FURNACE

CHECKLIST

Performed in the Fall

Property/Site: __________________ Address/Unit: __________________ Work Order: ______________

Make/Model: __________________ Serial No.: __________________ Date: __________

No. Inspection / Service Item Result Readings / Notes 1 Inspect heat exchanger, combustion chamber, breeching, vent/chimney, and combustion air.

Pass / Fail / N/A

2 Vacuum/clean furnace, burner, combustion area, and breeching. Pass / Fail / N/A 3 Inspect burner, oil line, pump, electrodes, igniter, and safety controls. Pass / Fail / N/A 4 Replace nozzle when required; record size and spray pattern. Pass / Fail / N/A 5 Inspect/replace oil filter cartridge when required; check accessible connections for leaks.

Pass / Fail / N/A

6 Measure/record pump pressure. Pass / Fail / N/A 7 Set electrodes and burner head to manufacturer specification. Pass / Fail / N/A 8 Perform smoke, draft, combustion, and CO tests; adjust and record readings. Pass / Fail / N/A 9 Inspect/clean blower, motor, bearings, belt, and housing. Pass / Fail / N/A 10 Replace standard filter; record size. Pass / Fail / N/A 11 Test thermostat, primary control, cad cell, limits, and emergency switch. Pass / Fail / N/A 12 Inspect electrical connections, grounding, voltage, and amperage. Pass / Fail / N/A 13 Complete operating cycle; document temperature rise and deficiencies. Pass / Fail / N/A

Closeout

• Record measurements and every failed item; do not use check marks alone.

• Report hazards or shutdowns immediately. Attach the checklist to the service ticket and HABC work order.

• List parts and refrigerant used and obtain HABC verification before leaving.

SCHEDULE D - AIR CONDITIONER CHECKLIST

Performed in the Spring

Property/Site: __________________ Address/Unit: __________________ Work Order: ______________

Make/Model: __________________ Serial No.: __________________ Date: __________

No. Inspection / Service Item Result Readings / Notes 1 Verify thermostat and cooling call. Pass / Fail / N/A 2 Replace standard filter; record size. Pass / Fail / N/A 3 Inspect/clean evaporator coil and condensate pan. Pass / Fail / N/A 4 Clear/test condensate drain and trap. Pass / Fail / N/A 5 Inspect/clean condenser coil. Pass / Fail / N/A 6 Inspect fan/blower motors, bearings, wheels/blades, mounts, and guards. Pass / Fail / N/A 7 Inspect refrigerant piping, insulation, valves, and joints for damage/leaks. Pass / Fail / N/A 8 Record entering/leaving air temperatures and temperature split. Pass / Fail / N/A 9 Record pressures/line temperatures when diagnostic connection is required. Pass / Fail / N/A 10 Inspect disconnect, protection, contactor, capacitors, wiring, grounding, voltage, and amperage.

Pass / Fail / N/A

11 Verify safety controls, compressor, fan cycling, and complete cycle. Pass / Fail / N/A 12 Confirm outdoor unit is level, secure, unobstructed, and drains safely. Pass / Fail / N/A 13 Document readings, defects, and recommendations. Pass / Fail / N/A

Closeout

• Record measurements and every failed item; do not use check marks alone.

• Report hazards or shutdowns immediately. Attach the checklist to the service ticket and HABC work order.

• List parts and refrigerant used and obtain HABC verification before leaving.

Attachment 2

General Decision Number: MD20260061, Modification No. 0, Date of Modification 01/02/2026.

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

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

General Contract Conditions for

Small Construction/Development

Contracts

See Page 7 for Burden Statement

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

1. Definitions

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

2. Prohibition Against Liens

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

3. Disputes

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

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

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

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

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

4. Default

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

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

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

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

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

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

5. Termination for Convenience

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

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

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

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

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

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

6. Insurance

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

Form HUD-5370-EZ (1/2014)

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

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

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

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

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

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

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

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

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

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

7. Contract Modifications

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

(b) The Contracting Officer may modify the contract unilaterally

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

Contractor and the Contracting Officer.

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

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

8. Changes

(a) The Contracting Officer may, at any time, without notice to the sureties, by written order designated or indicated to be a change order, make changes in the work within the general scope of the contract including changes:

(1) In the specifications (including drawings and designs);

(2) In the method or manner of performance of the work;

(3) PHA-furnished facilities, equipment, materials, services, or site; or,

(4) Directing the acceleration in the performance of the work (b) Any other written order or oral order (which, as used in this paragraph

(b), includes direction, instruction, interpretation, or determination) from the Contracting Officer that causes a change shall be treated as a change order under this clause; provided, that the Contractor gives the Contracting Officer written notice stating

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

Contractor regards the order as a change order.

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

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

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

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

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

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

Worker's Compensation and Public Liability Insurance;

Employment taxes under FICA and FUTA; and, Bond Costs

- when size of change warrants revision.

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

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

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

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

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

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

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

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

Contracting Officer.

9. Examination and Retention of Contractor's Records

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

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

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

11. Energy Efficiency

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

12. Procurement of Recovered Materials

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

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

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

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

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

13. Training and Employment Opportunities for Residents in the

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

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

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

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

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

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

Part 75 regulations.

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

6085-N-04).

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

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

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

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

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

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

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

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

14. Labor Standards - Davis-Bacon and Related

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

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

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

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

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

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

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

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

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

The necessary funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract that is subject to Davis- Bacon labor standards requirements and is held by the same prime contractor, regardless of whether the other contract was awarded or…