long branch house2654-03_Issued for BID Specifications_Chester.pdf

Project Manual

CAPITAL FUND PROGRAM (CFP)

IFB/CONTRACT #20261029a

ROOF REPLACEMENT

AT

CHESTER ARTHUR APARTMENTS

111 UNION AVENUE

LONG BRANCH, NEW JERSEY

HOUSING AUTHORITY OF THE

CITY OF LONG BRANCH

2 HOPE LANE

LONG BRANCH, NEW JERSEY 07740

ISSUED FOR BID

October 08, 2026

ARCHITECT’S PROJECT NO. 2654-03

LOTHROP ASSOCIATES ARCHITECTS, INC

333 Westchester Avenue, New York 10604 (914) 741-1115

510 Clinton Square, Rochester, New York 14618 (585) 939-7576

125 Half Mile Road, Suite 200, Red Bank, New Jersey 07701 (732) 933-2734

100 Pearl Street, 14th Floor, Hartford, Connecticut 06103 (860) 249-7251 www.lothropassociates.com

TITLE PAGE & DIRECTORY 000001-1

PROJECT MANUAL

HOUSING AUTHORITY OF THE CITY OF LONG BRANCH

LONG BRANCH, NEW JERSEY

CAPITAL FUND PROGRAM (CFP)

ROOF REPLACEMENT AT

CHESTER ARTHUR APARTMENTS

111 UNION AVENUE

LONG BRANCH, NEW JERSEY

PROJECT DIRECTORY

OWNER: Housing Authority of the City of Long Branch

2 Hope Lane

Long Branch, New Jersey 07740

ATTN: Sean Alfred

Executive Director

(732) 222-3747

FAX: (732) 222-1809

ARCHITECT: Lothrop Associates Architects, Inc.

333 Westchester Avenue

White Plains, New York 10604

ATTN: Arthur Seckler, III

Principal

(914) 741 – 1115 ext. 224

FAX: (914) 741-1116

E-MAIL: aseckler@lothropassociates.com

Architect’s Project No. 2654-03

END OF SECTION 000001

HOUSING AUTHORITY OF THE CITY OF LONG BRANCH LAA No. 2654-03

2025 CAPITAL FUND PROGRAMS (CFP)

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CHESTER ARTHUR APARTMENTS

TABLE OF CONTENTS 000002 - 1

SECTION 000002 – TABLE OF CONTENTS

DIVISION 00 – BIDDING AND CONTRACT REQUIREMENTS

SECTIONS

000001 Title Page and Directory 000001-1

000002 Table of Contents 000002-1 thru 3

000003 List of Drawings 000003-1

001000 Invitation to Bid 001000-1 thru 2

002000 Instruction to Bidders 002000-1 thru 3

H-5369 Instructions to Bidders for Contracts

Public and Indian Housing Programs (HUD Form 5369) 1-4

H-5370 General Conditions of the Contract for Construction

(HUD Form 5370) 1-19

LBP-001 Lead Base Painting LBP001-1

MBE-A MBE Policy Statement MBE-A-1

MBE-B MBE Participation MBE-B-1 thru 2

MEE Mandatory Equal Employment Opportunity Language MEE-1 thru 4

Wage Rates (General Decision NJ20260037 05/18/2026) 1 thru 12

BID FORMS

003000 Bid Proposal Form 003000-1 thru 4

003050 Bid Document Submission Checklist 003050-1

H-5369A Representations, Certifications and Other Statement of Bidders

Public and Indian Housing Programs (HUD Form 5369A) 1-4

H-2530 Previous Participation Certification (HUD Form 2530) 1-5

003100 Certificate of Experience 003100-1

003200 Statement of Bidder’s Qualifications 003200-1 thru 2

003300 Statement of Compliance to Wage Rates 003300-1

003400 Section 3 Requirements 003400-1

003500 Non-Collusive Bidding Certification 003500-1

003600 Substitution Listing 003600-1

003700 Business Registration Certificate &

Political Contribution Disclosure Statement 003700-1

003800 Buy American Act 003800-1 thru 2

Bid Bond (AIA Document A-310) 1

Prohibited Russia-Belarus Activities & Iran Investment Activity 1-4

Statement of Ownership Disclosure 1-4

CONTRACT FORMS

004000 Contract Forms 004000-1

Form of Agreement

Standard Form of Agreement Between Owner and

Contractor (AIA Document A-101-2007) 1-7

Performance Bond (AIA Document A-312) 1-3

Labor and Material Payment Bond (AIA Document A-312) 1-3

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TABLE OF CONTENTS 000002 - 2

CONTRACTOR APPLICATION FORMS

006000 Request for Acceptance of Subcontractor 006000-1 thru 2

006100 Contractor Request for Payment 006100-1

006200 Checklist for Periodic Payment 006200-1

006300 Checklist for Final Close-Out Documents 006300-1

H-51000 Schedule of Amounts for Contract Payment (HUD Form 51000) 1-3

H-51001 Periodic Estimate for Partial Payments (HUD Form 51001) 1-2

H-51002 Schedule of Change Orders (HUD Form 51002) 1-1

H-51003 Schedule of Materials Stored (HUD Form 51003) 1-1

H-51004 Summary of Materials Stored (HUD Form 51004) 1-1

WH-347 Payroll (US Dept. of Labor Form WH-347) 1-2

TECHNICAL SPECIFICATIONS

DIVISION 01 – GENERAL REQUIREMENTS

SECTION 01

010450 Cutting and Patching 010450-1 thru 3

011000 Project Supervision and Coordination 011000-1 thru 3

011520 Applications for Payment 011520-1 thru 2

011530 Change Order Procedures 011530-1 thru 3

012000 Project Meetings 012000-1 thru 3

013000 Submittals and Scheduling 013000-1 thru 7

013700 Schedule of Values 013700-1

014200 Reference Standards and Definitions 014200-1 thru 3

015000 Temporary Facilities and Controls 015000-1 thru 5

016200 Contractors Request for Payment 016200-1

016300 Substitutions 016300-1 thru 3

016400 Product Handling 016400-1 thru 2

017000 Contract Closeout 017000-1 thru 3

017100 Cleaning 017100-1 thru 3

017200 Project Record Documents 017200-1 thru 5

019000 General Requirements for Alterations 019000-1

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TABLE OF CONTENTS 000002 - 3

DIVISION 02 – EXISTING CONDITIONS

SECTIONS

024119 Selective Demolition 024119-1 thru 4

028213 Asbestos Abatement 028213-1 thru 7

DIVISION 06 – WOOD AND PLASTICS

SECTIONS

061000 Rough Carpentry 061000-1 thru 4

DIVISION 07 – THERMAL AND MOISTURE PROTECTION

SECTIONS

070150.19 Preparation for Reroofing 070150.19-1 thru 6

075323 EPDM Roofing 075323-1 thru 9

076200 Sheet Metal Flashing & Trim 076200-1 thru 12

077100 Roof Specialties 077100-1 thru 6

078413 Penetration Firestopping 078413-1 thru 4

079200 Joint Sealants 079200-1 thru 5

DIVISION 09 – FINISHES

SECTIONS

099113 Exterior Painting 099113-1 thru 6

DIVISION 26 – ELECTRICAL

SECTIONS

260100 General Requirements Electrical 260100-1 thru 7

* All “Bid Forms” colored in BLUE must be submitted with the Bid

END OF SECTION 000002

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LIST OF DRAWINGS 000003 - 1

SECTION 000003 - LIST OF DRAWINGS

The List of Drawings dated October 08, 2026 indicated below contain, in addition to the work outlined in the Specifications Sections of the Project Manual, information required to perform the work of the contract.

LIST OF DRAWINGS:

A000.00 Cover Sheet

A050.00 Architectural Site Plan and Details

A101.00 Roof Removal Plans, Legend, Roof Removal Key Notes

A102.00 Roof Construction Plans, Legend, Roof Construction Key Notes

A103.00 Roof Tapered Insulation Plan and Details

A300.00 Roof Details

HM101 Roof Abatement Plans and Key Notes

SUPPLEMENTAL DOCUMENTS:

Limited Asbestos Roof Survey Report 20 Pages

END OF SECTION 000003

ADVERTISEMENT FOR BID

HOUSING AUTHORITY OF THE CITY OF LONG BRANCH

Will received sealed bids for:

CONTRACT #20261029a

ROOF REPLACEMENT

AT

CHESTER ARTHUR APARTMENTS

111 UNION AVENUE

LONG BRANCH, NEW JERSEY

LA #2654-03

According to Drawings and Specifications prepared by Lothrop Associates Architects Inc., and described in general as:

The scope of this project includes all labor, material and equipment associated with the Roof Replacement at Chester Arthur Apartments.

The Base Bid work of this project, as outlined above, shall be completed in a period of One Hundred Eighty (180) Calendar Days. Work will be performed in an occupied building and will be coordinated with the Housing Authority.

Issued for bid documents may be obtained electronically from https://www.bidnetdirect.com/new-jersey/lbha

A non-mandatory Pre-Bid Conference will be held at 10:00 AM on Wednesday, October 14, 2026, 111 Union Avenue, Long Branch New Jersey. Bidders are to meet at the main lobby.

Sealed bids will be received electronically at the office of the HOUSING AUTHORITY OF THE CITY OF LONG BRANCH until 10:00 AM on Thursday, October 29, 2026. (Bids received after this time will not be accepted.) At this time bids shall be publicly opened and read aloud.

All bids will be reviewed by the Architect and Owner. The contract will be awarded after review is complete. The Owner or Architect, within ten (10) days of opening, will notify all interested parties as to their decision.

A certified check or bank draft payable to the HOUSING AUTHORITY OF THE CITY OF LONG BRANCH, United States Government Bonds, or a satisfactory Bid Bond executed by the Bidder and acceptable sureties in an amount equal to five percent (5%) of the Bid shall be submitted by each Bidder. The surety company must also be licensed to do business in the State of New Jersey.

Attention is called to the provision of Equal Opportunity Employment and Prevailing Wages for payments not less than the minimum salaries and wages as set forth in the Specification.

Women and Minority Owned Business Contractors are encouraged to submit Bids.

No bids shall be withdrawn for a period of sixty (60) days after the opening of Bids without the consent of the HOUSING AUTHORITY OF THE CITY OF LONG BRANCH.

Award will be made to the lowest responsible bidder.

By Order of the Housing Authority of the City of Long Branch Sean Alfred

Executive Director October 5, 2026

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CHESTER ARTHUR APARTMENTS

INSTRUCTIONS TO BIDDERS 002000-1

SECTION 002000 - INSTRUCTIONS TO BIDDERS

1. THE WORK

HOUSING AUTHORITY OF THE CITY OF LONG BRANCH

2025 CAPITAL FUND PROGRAMS (CFP)

CONTRACT #20261029a

ROOF REPLACEMENT AT

CHESTER ARTHUR APARTMENTS

111 UNION AVENUE

LONG BRANCH, NEW JERSEY

2. SECURING DOCUMENTS

Copies of the proposed Contract Documents may be obtained from the Housing Authority of the City of Long Branch.

3. BID FORM

In order to be considered, prepare bids in strict accordance with the following:

A. SUBMIT BID DOCUMENTS ELECTRONICALLY VIA BIDNET https:// www.bidnetdirect.com/new-jersey/lbha (blue pages).

B. ALL PAGES PRINTED ON BLUE PAPER SHALL BE SUBMITTED WITH THE BID.

C. Prepare bids on the forms provided in Section 003000, properly signed and with all items filled out. Two sets are provided. Fill out and submit both. Do not change the wording of the bid form, and do not add words to the bid form. Unauthorized conditions, limitations, or provisions attached to the bid will be cause for rejection of the bid. If alterations by erasure or interlineation are made for any reason, explain over such erasure or interlineation with a signed statement from the bidder.

D. No telegraphic bid or telegraphic modification of a bid will be considered. No bids received after the time fixed for receiving them will be considered. Late bids will be returned to the bidder unopened.

E. Address bids to the Owner and deliver electronically the invitation to bid on or before the day and hour set for opening the bids. Enclose each bid in a sealed envelope bearing the title of the Work, the name of the bidder, and the date and hour of the bid opening. Submit only the original signed copy of the bid. It is the sole responsibility of the bidder to see that his/her bid is received on time.

4. INSURANCE

A. Contractor shall provide insurance as indicated in the General Conditions of the Contract.

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INSTRUCTIONS TO BIDDERS 002000-2

B. The following types of insurance shall be provided:

a. Workers Compensation: Mandatory Coverage

b. General Aggregate Insurance $ 2,000,000.00

c. Commercial General Liability Insurance: $ 1,000,000.00

d. Automobile Liability Insurance: $ 500,000.00

C. Contractor and each sub-contractor shall furnish required certificates of insurance prior to commencement of work.

5. CONSTRUCTION TIME & LIQUIDATED DAMAGES

A. This Agreement will include a stipulation that the work shall be completed not later than:

All contract work shall be completed within One Hundred Eighty (180) calendar days after issuance of Notice of Proceed (NTP).

B. This Agreement will include a stipulation that liquidated damages shall be assessed in the following manner:

$ 250.00 per Calendar Day for each calendar day after the above Completion Time.

C. The sequence of work, which is to be performed, shall be submitted to the Owner and Architect for approval prior to commencement of work. See Section 013000 Submittals and Scheduling for Construction Schedule requirements.

6. MANDATORY CONSTRUCTION CONTRACT DISPUTE PROCEDURES

Disputes arising under the contract shall be submitted to a process of resolution pursuant to alternative dispute resolution practices, such as mediation, binding arbitration or non-binding arbitration pursuant to industry standards, prior to being submitted to a court for adjudication. Nothing in this section shall prevent the contracting unit from seeking injunctive or declaratory relief in court at any time. The alternative dispute resolution practices required by this section shall not apply to disputes concerning the bid solicitation or award process, or to the formation of contracts or subcontracts to be entered into.

7. PRE-BID CONFERENCE

A. A NON-MANDATORY Pre-Bid Conference will be held at 10:00 AM on Wednesday, the 14th day of October 2026. The Pre-Bid Conference will be held at 2 Hope Lane, Long Branch, New Jersey for the purpose of considering questions posed by bidders. The conference will be open to general contract and subcontract bidders. Bidders are to meet at the main lobby.

END OF SECTION 002000

Previous edition is obsolete form HUD-5369 (10/2002)

Instructions to Bidders for Contracts Public and Indian Housing Programs

U.S. Department of Housing and Urban Development Office of Public and Indian Housing

Instructions to Bidders for Contracts Public and Indian Housing Programs

Table of Contents Clause Page

1. Bid Preparation and Submission 1

2. Explanations and Interpretations to Prospective Bidders 1

3. Amendments to Invitations for Bids 1

4. Responsibility of Prospective Contractor 1

5. Late Submissions, Modifications, and Withdrawal of Bids 1

6. Bid Opening 2

7. Service of Protest 2

8. Contract Award 2

9. Bid Guarantee 3

10. Assurance of Completion 3

11. Preconstruction Conference 3

12. Indian Preference Requirements 3

1. Bid Preparation and Submission

(a) Bidders are expected to examine the specifications, drawings, all instructions, and, if applicable, the construction site (see also the contract clause entitled Site Investigation and Conditions Affect-ing the Work of the General Conditions of the Contract for Construc-tion). Failure to do so will be at the bidders’ risk.

(b) All bids must be submitted on the forms provided by the Public Housing Agency/Indian Housing Authority (PHA/IHA). Bidders shall furnish all the information required by the solicitation. Bids must be signed and the bidder’s name typed or printed on the bid sheet and each continuation sheet which requires the entry of information by the bidder. Erasures or other changes must be initialed by the person signing the bid. Bids signed by an agent shall be accompanied by evidence of that agent’s authority. (Bidders should retain a copy of their bid for their records.)

(c) Bidders must submit as part of their bid a completed form HUD- 5369-A, “Representations, Certifications, and Other Statements of Bidders.”

(d) All bid documents shall be sealed in an envelope which shall be clearly marked with the words “Bid Documents,” the Invitation for Bids (IFB) number, any project or other identifying number, the bidder’s name, and the date and time for receipt of bids.

(e) If this solicitation requires bidding on all items, failure to do so will disqualify the bid. If bidding on all items is not required, bidders should insert the words “No Bid” in the space provided for any item on which no price is submitted.

(f) Unless expressly authorized elsewhere in this solicitation, alter-nate bids will not be considered.

(g) Unless expressly authorized elsewhere in this solicitation, bids submitted by telegraph or facsimile (fax) machines will not be considered.

(h) If the proposed contract is for a Mutual Help project (as de-scribed in 24 CFR Part 905, Subpart E) that involves Mutual Help contributions of work, material, or equipment, supplemental informa-tion regarding the bid advertisement is provided as an attachment to this solicitation.

2. Explanations and Interpretations to Prospective Bidders

(a) Any prospective bidder desiring an explanation or interpretation of the solicitation, specifications, drawings, etc., must request it at least 7 days before the scheduled time for bid opening. Requests may be oral or written. Oral requests must be confirmed in writing.

The only oral clarifications that will be provided will be those clearly related to solicitation procedures, i.e., not substantive technical information. No other oral explanation or interpretation will be provided. Any information given a prospective bidder concerning this solicitation will be furnished promptly to all other prospective bidders as a written amendment to the solicitation, if that information is necessary in submitting bids, or if the lack of it would be prejudicial to other prospective bidders.

(b) Any information obtained by, or provided to, a bidder other than by formal amendment to the solicitation shall not constitute a change to the solicitation.

3. Amendments to Invitations for Bids

(a) If this solicitation is amended, then all terms and conditions which are not modified remain unchanged.

(b) Bidders shall acknowledge receipt of any amendment to this solicitation (1) by signing and returning the amendment, (2) by identifying the amendment number and date on the bid form, or (3) by letter, telegram, or facsimile, if those methods are authorized in the solicitation. The PHA/IHA must receive acknowledgement by the time and at the place specified for receipt of bids. Bids which fail to acknowledge the bidder’s receipt of any amendment will result in the rejection of the bid if the amendment(s) contained information which substantively changed the PHA’s/IHA’s requirements.

(c) Amendments will be on file in the offices of the PHA/IHA and the Architect at least 7 days before bid opening.

4. Responsibility of Prospective Contractor

(a) The PHA/IHA will award contracts only to responsible prospec-tive contractors who have the ability to perform successfully under the terms and conditions of the proposed contract. In determining the responsibility of a bidder, the PHA/IHA will consider such matters as the bidder’s:

(1) Integrity;

(2) Compliance with public policy;

(3) Record of past performance; and

(4) Financial and technical resources (including construction and technical equipment).

(b) Before a bid is considered for award, the bidder may be re-quested by the PHA/IHA to submit a statement or other documenta-tion regarding any of the items in paragraph (a) above. Failure by the bidder to provide such additional information shall render the bidder nonresponsible and ineligible for award.

5. Late Submissions, Modifications, and Withdrawal of Bids

(a) Any bid received at the place designated in the solicitation after the exact time specified for receipt will not be considered unless it is received before award is made and it:

(1) Was sent by registered or certified mail not later than the fifth calendar day before the date specified for receipt of offers (e.g., an offer submitted in response to a solicitation requiring receipt of offers by the 20th of the month must have been mailed by the 15th);

(2) Was sent by mail, or if authorized by the solicitation, was sent by telegram or via facsimile, and it is determined by the PHA/IHA that the late receipt was due solely to mishandling by the PHA/IHA after receipt at the PHA/IHA; or

(3) Was sent by U.S. Postal Service Express Mail Next Day Service - Post Office to Addressee, not later than 5:00 p.m. at the place of mailing two working days prior to the date specified for receipt of proposals. The term “working days” excludes weekends and observed holidays.

(b) Any modification or withdrawal of a bid is subject to the same conditions as in paragraph (a) of this provision.

(c) The only acceptable evidence to establish the date of mailing of a late bid, modification, or withdrawal sent either by registered or certified mail is the U.S. or Canadian Postal Service postmark both on the envelope or wrapper and on the original receipt from the U.S.

or Canadian Postal Service. Both postmarks must show a legible date or the bid, modification, or withdrawal shall be processed as if mailed late. “Postmark” means a printed, stamped, or otherwise placed impression (exclusive of a postage meter machine impres-sion) that is readily identifiable without further action as having been supplied and affixed by employees of the U.S. or Canadian Postal Service on the date of mailing. Therefore, bidders should request the postal clerk to place a hand cancellation bull’s-eye postmark on both the receipt and the envelope or wrapper.

(d) The only acceptable evidence to establish the time of receipt at the PHA/IHA is the time/date stamp of PHA/IHA on the proposal wrapper or other documentary evidence of receipt maintained by the PHA/IHA.

(e) The only acceptable evidence to establish the date of mailing of a late bid, modification, or withdrawal sent by Express Mail Next Day Service-Post Office to Addressee is the date entered by the post office receiving clerk on the “Express Mail Next Day Service-Post Office to Addressee” label and the postmark on both the envelope or wrapper and on the original receipt from the U.S. Postal Service.

“Postmark” has the same meaning as defined in paragraph (c) of this provision, excluding postmarks of the Canadian Postal Service.

Therefore, bidders should request the postal clerk to place a legible hand cancellation bull’s eye postmark on both the receipt and Failure by a bidder to acknowledge receipt of the envelope or wrapper.

(f) Notwithstanding paragraph (a) of this provision, a late modifica-tion of an otherwise successful bid that makes its terms more favorable to the PHA/IHA will be considered at any time it is received and may be accepted.

(g) Bids may be withdrawn by written notice, or if authorized by this solicitation, by telegram (including mailgram) or facsimile machine transmission received at any time before the exact time set for opening of bids; provided that written confirmation of telegraphic or facsimile withdrawals over the signature of the bidder is mailed and postmarked prior to the specified bid opening time. A bid may be withdrawn in person by a bidder or its authorized representative if, before the exact time set for opening of bids, the identity of the person requesting withdrawal is established and the person signs a receipt for the bid.

6. Bid Opening All bids received by the date and time of receipt specified in the solicitation will be publicly opened and read. The time and place of opening will be as specified in the solicitation. Bidders and other interested persons may be present.

7. Service of Protest

(a) Definitions. As used in this provision:

“Interested party” means an actual or prospective bidder whose direct economic interest would be affected by the award of the contract.

“Protest” means a written objection by an interested party to this solicitation or to a proposed or actual award of a contract pursuant to this solicitation.

(b) Protests shall be served on the Contracting Officer by obtaining written and dated acknowledgement from —

[Contracting Officer designate the official or location where a protest may be served on the Contracting Officer]

(c) All protests shall be resolved in accordance with the PHA’s/ IHA’s protest policy and procedures, copies of which are maintained at the PHA/IHA.

8. Contract Award

(a) The PHA/IHA will evaluate bids in response to this solicitation without discussions and will award a contract to the responsible bidder whose bid, conforming to the solicitation, will be most advan-tageous to the PHA/IHA considering only price and any price-related factors specified in the solicitation.

(b) If the apparent low bid received in response to this solicitation exceeds the PHA’s/IHA’s available funding for the proposed contract work, the PHA/IHA may either accept separately priced items (see 8(e) below) or use the following procedure to determine contract award. The PHA/IHA shall apply in turn to each bid (proceeding in order from the apparent low bid to the high bid) each of the separately priced bid deductible items, if any, in their priority order set forth in this solicitation. If upon the application of the first deductible item to all initial bids, a new low bid is within the PHA’s/IHA’s available funding, then award shall be made to that bidder. If no bid is within the available funding amount, then the PHA/IHA shall apply the second deductible item. The PHA/IHA shall continue this process until an evaluated low bid, if any, is within the PHA’s/IHA’s available funding. If upon the application of all deductibles, no bid is within the PHA’s/IHA’s available funding, or if the solicitation does not request separately priced deductibles, the PHA/IHA shall follow its written policy and procedures in making any award under this solicitation.

(c) In the case of tie low bids, award shall be made in accordance with the PHA’s/IHA’s written policy and procedures.

(d) The PHA/IHA may reject any and all bids, accept other than the lowest bid (e.g., the apparent low bid is unreasonably low), and waive informalities or minor irregularities in bids received, in accordance with the PHA’s/IHA’s written policy and procedures.

Sean Alfred Executive Director Housing Authority of the City of Long Branch 2 Hope Lane, Long Branch, New Jersey 07740

(e) Unless precluded elsewhere in the solicitation, the PHA/IHA may accept any item or combination of items bid.

(f) The PHA/IHA may reject any bid as nonresponsive 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.

(g) A written award shall be furnished to the successful bidder within the period for acceptance specified in the bid and shall result in a binding contract without further action by either party.

9. Bid Guarantee (applicable to construction and equip-ment contracts exceeding $25,000)

All bids must be accompanied by a negotiable bid guarantee which shall not be less than five percent (5%) of the amount of the bid. The bid guarantee may be a certified check, bank draft, U.S. Government Bonds at par value, or a bid bond secured by a surety company acceptable to the U.S. Government and authorized to do business in the state where the work is to be performed. In the case where the work under the contract will be performed on an Indian reservation area, the bid guarantee may also be an irrevocable Letter of Credit (see provision 10, Assurance of Completion, below). Certified checks and bank drafts must be made payable to the order of the PHA/IHA. The bid guarantee shall insure the execution of the contract and the furnishing of a method of assurance of completion by the successful bidder as required by the solicitation. Failure to submit a bid guarantee with the bid shall result in the rejection of the bid. Bid guarantees submitted by unsuccessful bidders will be returned as soon as practicable after bid opening.

10. Assurance of Completion

(a) Unless otherwise provided in State law, the successful bidder shall furnish an assurance of completion prior to the execution of any contract under this solicitation. This assurance may be [Contracting Officer check applicable items] —

[ ] (1) a performance and payment bond in a penal sum of 100 percent of the contract price; or, as may be required or permitted by State law;

[ ] (2) separate performance and payment bonds, each for 50 percent or more of the contract price;

[ ] (3) a 20 percent cash escrow;

[ ] (4) a 25 percent irrevocable letter of credit; or, [ ] (5) an irrevocable letter of credit for 10 percent of the total contract price with a monitoring and disbursements agreement with the IHA (applicable only to contracts awarded by an IHA under the Indian Housing Program).

(b) Bonds must be obtained from guarantee or surety companies acceptable to the U.S. Government and authorized to do business in the state where the work is to be performed. Individual sureties will not be considered. U.S. Treasury Circular Number 570, published annually in the Federal Register, lists companies approved to act as sureties on bonds securing Government contracts, the maximum underwriting limits on each contract bonded, and the States in which the company is licensed to do business. Use of companies listed in this circular is mandatory. Copies of the circular may be downloaded on the U.S. Department of Treasury website http:// www.fms.treas.gov/c570/index.html, or ordered for a minimum fee by contacting the Government Printing Office at (202) 512-2168.

(c) Each bond shall clearly state the rate of premium and the total amount of premium charged. The current power of attorney for the person who signs for the surety company must be attached to the bond. The effective date of the power of attorney shall not precede the date of the bond. The effective date of the bond shall be on or after the execution date of the contract.

(d) Failure by the successful bidder to obtain the required assur-ance of completion within the time specified, or within such extended period as the PHA/IHA may grant based upon reasons determined adequate by the PHA/IHA, shall render the bidder ineligible for award. The PHA/IHA may then either award the contract to the next lowest responsible bidder or solicit new bids. The PHA/IHA may retain the ineligible bidder’s bid guarantee.

11. Preconstruction Conference (applicable to construction contracts)

After award of a contract under this solicitation and prior to the start of work, the successful bidder will be required to attend a preconstruction conference with representatives of the PHA/IHA and its architect/engineer, and other interested parties convened by the PHA/IHA. The conference will serve to acquaint the participants with the general plan of the construction operation and all other require-ments of the contract (e.g., Equal Employment Opportunity, Labor Standards). The PHA/IHA will provide the successful bidder with the date, time, and place of the conference.

12. Indian Preference Requirements (applicable only if this solicitation is for a contract to be performed on a project for an Indian Housing Authority)

(a) HUD has determined that the contract awarded under this solicitation is subject to the requirements of section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e(b)).

Section 7(b) requires that any contract or subcontract entered into for the benefit of Indians shall require that, to the greatest extent feasible

(1) Preferences and opportunities for training and employment (other than core crew positions; see paragraph (h) below) in connec-tion with the administration of such contracts or subcontracts be given to qualified “Indians.” The Act defines “Indians” to mean persons who are members of an Indian tribe and defines “Indian tribe” to mean any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act, which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians; and,

(2) Preference in the award of contracts or subcontracts in connection with the administration of contracts be given to Indian organizations and to Indian-owned economic enterprises, as de-fined in section 3 of the Indian Financing Act of 1974 (25 U.S.C.

1452). That Act defines “economic enterprise” to mean any Indian-owned commercial, industrial, or business activity established or organized for the purpose of profit, except that the Indian ownership must constitute not less than 51 percent of the enterprise; “Indian organization” to mean the governing body of any Indian tribe or entity established or recognized by such governing body; “Indian” to mean any person who is a member of any tribe, band, group, pueblo, or community which is recognized by the Federal Government as eligible for services from the Bureau of Indian Affairs and any “Native” as defined in the Alaska Native Claims Settlement Act; and Indian “tribe” to mean any Indian tribe, band, group, pueblo, or community including Native villages and Native groups (including corporations organized by Kenai, Juneau, Sitka, and Kodiak) as defined in the Alaska Native Claims Settlement Act, which is recog-nized by the Federal Government as eligible for services from the Bureau of Indian Affairs.

(b) (1) The successful Contractor under this solicitation shall com-ply with the requirements of this provision in awarding all subcon-tracts under the contract and in providing training and employment opportunities.

(2) A finding by the IHA that the contractor, either (i) awarded a subcontract without using the procedure required by the IHA, (ii) falsely represented that subcontracts would be awarded to Indian enterprises or organizations; or, (iii) failed to comply with the contractor’s employment and training preference bid statement shall be grounds for termination of the contract or for the assessment of penalties or other remedies.

(c) If specified elsewhere in this solicitation, the IHA may restrict the solicitation to qualified Indian-owned enterprises and Indian organi-zations. If two or more (or a greater number as specified elsewhere in the solicitation) qualified Indian-owned enterprises or organiza-tions submit responsive bids, award shall be made to the qualified enterprise or organization with the lowest responsive bid. If fewer than the minimum required number of qualified Indian-owned enter-prises or organizations submit responsive bids, the IHA shall reject all bids and readvertise the solicitation in accordance with paragraph

(d) below.

(d) If the IHA prefers not to restrict the solicitation as described in paragraph (c) above, or if after having restricted a solicitation an insufficient number of qualified Indian enterprises or organizations submit bids, the IHA may advertise for bids from non-Indian as well as Indian-owned enterprises and Indian organizations. Award shall be made to the qualified Indian enterprise or organization with the lowest responsive bid if that bid is -

(1) Within the maximum HUD-approved budget amount estab-lished for the specific project or activity for which bids are being solicited; and

(2) No more than the percentage specified in 24 CFR 905.175(c) higher than the total bid price of the lowest responsive bid from any qualified bidder. If no responsive bid by a qualified Indian-owned economic enterprise or organization is within the stated range of the total bid price of the lowest responsive bid from any qualified enterprise, award shall be made to the bidder with the lowest bid.

(e) Bidders seeking to qualify for preference in contracting or subcontracting shall submit proof of Indian ownership with their bids.

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

(1) Certification by a tribe or other evidence that the bidder is an Indian. The IHA shall accept the certification of a tribe that an individual is a member.

(2) Evidence such as stock ownership, structure, manage-ment, control, financing and salary or profit sharing arrangements of the enterprise.

(f) (1) All bidders must submit with their bids a statement describ-ing how they will provide Indian preference in the award of subcon-tracts. The specific requirements of that statement and the factors to used by the IHA in determining the statement’s adequacy are included as an attachment to this solicitation. Any bid that fails to include the required statement shall be rejected as nonresponsive.

The IHA may require that comparable statements be provided by subcontractors to the successful Contractor, and may require the Contractor to reject any bid or proposal by a subcontractor that fails to include the statement.

(2) Bidders and prospective subcontractors shall submit a certification (supported by credible evidence) to the IHA in any instance where the bidder or subcontractor believes it is infeasible to provide Indian preference in subcontracting. The acceptance or rejection by the IHA of the certification shall be final. Rejection shall disqualify the bid from further consideration.

(g) All bidders must submit with their bids a statement detailing their employment and training opportunities and their plans to provide preference to Indians in implementing the contract; and the number or percentage of Indians anticipated to be employed and trained.

Comparable statements from all proposed subcontractors must be submitted. The criteria to be used by the IHA in determining the statement(s)’s adequacy are included as an attachment to this solicitation. Any bid that fails to include the required statement(s), or that includes a statement that does not meet minimum standards required by the IHA shall be rejected as nonresponsive.

(h) Core crew employees. A core crew employee is an individual who is a bona fide employee of the contractor at the time the bid is submitted; or an individual who was not employed by the bidder at the time the bid was submitted, but who is regularly employed by the bidder in a supervisory or other key skilled position when work is available. Bidders shall submit with their bids a list of all core crew employees.

(i) Preference in contracting, subcontracting, employment, and training shall apply not only on-site, on the reservation, or within the IHA’s jurisdiction, but also to contracts with firms that operate outside these areas (e.g., employment in modular or manufactured housing construction facilities).

(j) Bidders should contact the IHA to determine if any additional local preference requirements are applicable to this solicitation.

(k) The IHA [ ] does [ ] does not [Contracting Officer check applicable box] maintain lists of Indian-owned economic enterprises and Indian organizations by specialty (e.g., plumbing, electrical, foundations), which are available to bidders to assist them in meeting their responsibility to provide preference in connection with the administration of contracts and subcontracts.

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Subcontracting with Small and Minority Firms, Women’s

Protection of Existing Vegetation, Structures, Employment, Training, and Contracting Opportunities

Interest of Members, Officers, or Employees and

U.S. Department of Housing and UrbanDev elopment Office of Public and Indian Housing OMB Approval No. 2577-0157 (exp. 11/30/2023)

General Conditions for Construction Contracts - Public Housing Programs

Applicability. This form is applicable to any construction/development contract greater than $150,000.

Public reporting burden for this collection of information is estimated to average 1 hour. This includes the time for collecting, reviewing, and reporting the data. The information requested is required to obtain a benefit. This form includes those clauses required by OMB's common rule on grantee procurement, implemented at HUD in 2 CFR 200, and those requirements set forth in Section 3 of the Housing and Urban Development Act of 1968 and its amendment by the Housing and Community Development Act of 1992, implemented by HUD at 24 CFR Part 135. The form is required for construction contracts awarded by Public Housing Agencies (PHAs). The form is used by Housing Authorities in solicitations to provide necessary contract clauses.

If the form were not used, PHAs would be unable to enforce their contracts.. There are no assurances of confidentiality. HUD may not conduct or sponsor, and an applicant is not required to respond to a collection of information unless it displays a currently valid OMB control number.

Table of Contents Page PageClause Clause

1. Definitions 2 Administrative Requirements

2. Contractor’s Responsibility for Work 2 25. Contract Period 9

3. Architect’s Duties, Responsibilities and Authority 2 26. Order of Precedence 9

4. Other Contracts 3 27. Payments 9

28. Contract Modifications 10Construction Requirements

5. Preconstruction Conference and Notice to Proceed 3 29. Changes 10

6. Construction Progress Schedule 3 30. Suspension of Work 11

7. Site Investigation and Conditions Affecting the Work 3 31. Disputes 11

8. Differing Site Conditions 4 32. Default 11

9. Specifications and Drawings for Construction 4 33. Liquidated 12

10. As-Built Drawings 5 34. Termination of Convenience 12

11. Material and Workmanship 5 35. Assignment of Contract 12

12. Permits and Codes 5 36. Insurance 12

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

14. Temporary Buildings and Transportation Materials 6 38. 13

Business Enterprise, and Labor Surplus Area Firms

15. Availability and Use of Utility Services 6 39. Equal Employment Opportunity 13

16. 40. 14

Equipment, Utilities, and Improvements 6 for Low-Income Persons, Section 3 of the Housing and Urban Development Act of 1968

17. Temporary Buildings and Transportation Materials 7 41. Interest of Members of Congress 15

18. Clean Air and Water 7 42. 15

Former Members, Officers, or Employees

19. Energy Efficiency 7 43. Limitations on Payments Made to Influence 15

20. Inspection and Acceptance of Construction 7 44. Royalties and Patents 15

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

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

23. Warranty of 8 47. Non-Federal Prevailing Wage Rates 19

24. Prohibition Against 9 48. Procurement of Recovered 19

Liens Materials

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

(a) The Contractor shall furnish all necessary labor,1. Definitions materials, tools, equipment, and transportation necessary for performance of the work. The Contractor shall also(a) “Architect” means the person or other entity engaged by furnish all necessary water, heat, light, and power notthe PHA to perform architectural, engineering, design, made available to the Contractor by the PHA pursuant toand other services related to the work as provided for in the clause entitled Availability and Use of Utility Servicesthe contract. When a PHA uses an engineer to act in this herein.capacity, the terms “architect” and “engineer” shall be

(b) The Contractor shall perform on the site, and with its ownsynonymous. The Architect shall serve as a technical organization, work equivalent to at least [ ] (12 percentrepresentative of the Contracting Officer. The Architect’s unless otherwise indicated) of the total amount of work toauthority is as set forth elsewhere in this contract.

be performed under the order. This percentage may be(b) “Contract” means the contract entered into between the reduced by a supplemental agreement to this order if,PHA and the Contractor. It includes the forms of Bid, the during performing the work, the Contractor requests aBid Bond, the Performance and Payment Bond or Bonds reduction and the Contracting Officer determines that theor other assurance of completion, the Certifications, reduction would be to the advantage of the PHA.Representations, and Other Statements of Bidders (form

(c) At all times during performance of this contract and untilHUD-5370), these General Conditions of the Contract for the work is completed and accepted, the Contractor shallConstruction (form HUD-5370), the applicable wage rate directly superintend the work or assign and have on thedeterminations from the U.S. Department of Labor, any work site a competent superintendent who is satisfactoryspecial conditions included elsewhere in the contract, the to the Contracting Officer and has authority to act for thespecifications, and drawings. It includes all formal Contractor.changes to any of those documents by addendum, change order, or other modification. (d) The Contractor shall be responsible for all damages to

(c) “Contracting Officer” means the person delegated the au- persons or property that occur as a result of the

Contractor’s fault or negligence, and shall take properthority by the PHA to enter into, administer, and/or safety and health precautions to protect the work, theterminate this contract and designated as such in writing workers, the public, and the property of others. Theto the Contractor. The term includes any successor Contractor shall hold and save the PHA, its officers andContracting Officer and any duly authorized agents, free and harmless from liability of any naturerepresentative of the Contracting Officer also designated occasioned by the Contractor’s performance. Thein writing. The Contracting Officer shall be deemed the Contractor shall also be responsible for all materialsauthorized agent of the PHA in all dealings with the delivered and work performed until completion andContractor.

acceptance of the entire work, except for any completed(d) “Contractor” means the person or other entity entering unit of work which may have been accepted under theinto the contract with the PHA to perform all of the work required under the contract. contract.

(e) “Drawings” means the drawings enumerated in the (e) The Contractor shall lay out the work from base lines and bench marks indicated on the drawings and beschedule of drawings contained in the Specifications and responsible for all lines, levels, and measurements of allas described in the contract clause entitled Specifications work executed under the contract. The Contractor shalland Drawings for Construction herein.

verify the figures before laying out the work and will be(f) “HUD” means the United States of America acting through held responsible for any error resulting from its failure tothe Department of Housing and Urban Development do so.including the Secretary, or any other person designated to

(f) The Contractor shall confine all operations (includingact on its behalf. HUD has agreed, subject to the provisions of an storage of materials) on PHA premises to areasAnnual Contributions Terms and Conditions (ACC), to authorized or approved by the Contracting Officer.provide financial assistance to the PHA, which includes

(g) The Contractor shall at all times keep the work area,assistance in financing the work to be performed under including storage areas, free from accumulations ofthis contract. As defined elsewhere in these General waste materials. After completing the work and beforeConditions or the contract documents, the determination final inspection, the Contractor shall (1) remove from theof HUD may be required to authorize changes in the work premises all scaffolding, equipment, tools, and materialsor for release of funds to the PHA for payment to the (including rejected materials) that are not the property ofContractor. Notwithstanding HUD’s role, nothing in this the PHA and all rubbish caused by its work; (2) leave thecontract shall be construed to create any contractual work area in a clean, neat, and orderly conditionrelationship between the Contractor and HUD.

satisfactory to the Contracting Officer; (3) perform all(g) “Project” means the entire project, whether construction specified tests; and, (4) deliver the installation inor rehabilitation, the work for which is provided for in whole or in part under this contract. complete and operating condition.

(h) The Contractor’s responsibility will terminate when all(h) “PHA” means the Public Housing Agency organized work has been completed, the final inspection made, andunder applicable state laws which is a party to this the work accepted by the Contracting Officer. Thecontract.

Contractor will then be released from further obligation(j) “Specifications” means the written description of the except as required by the warranties specified elsewheretechnical requirements for construction and includes the in the contract.criteria and tests for determining whether the requirements are met.

3. Architect’s Duties, Responsibilities, and Authority(l) “Work” means materials, workmanship, and manufacture and fabrication of components.

(a) The Architect for this contract, and any successor, shall be designated in writing by the Contracting Officer.2. Contractor’s Responsibility for Work

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

(b) The Architect shall serve as the Contracting Officer’s technical representative with respect to architectural, 6. Construction Progress Schedule engineering, and design matters related to the work performed under the contract. The Architect may provide (a) The Contractor shall, within five days after the work direction on contract performance. Such direction shall be commences on the contract or another period of time within the scope of the contract and may not be of a determined by the Contracting Officer, prepare and nature which: (1) institutes additional work outside the submit to the Contracting Officer for approval three copies scope of the contract; (2) constitutes a change as defined of a practicable schedule showing the order in which the in the Changes clause herein; (3) causes an increase or Contractor proposes to perform the work, and the dates decrease in the cost of the contract; (4) alters the on which the Contractor contemplates starting and Construction Progress Schedule; or (5) changes any of completing the several salient features of the work the other express terms or conditions of the contract. (including acquiring labor, materials, and equipment). The

(c) The Architect’s duties and responsibilities may include but schedule shall be in the form of a progress chart of shall not be limited to: suitable scale to indicate appropriately the percentage of

(1) Making periodic visits to the work site, and on the work scheduled for completion by any given date during basis of his/her on-site inspections, issuing written the period. If the Contractor fails to submit a schedule reports to the PHA which shall include all observed within the time prescribed, the Contracting Officer may deficiencies. The Architect shall file a copy of the withhold approval of progress payments or take other report with the Contractor’s designated representative remedies under the contract until the Contractor submits at the site; the required schedule.

(2) Making modifications in drawings and technical (b) The Contractor shall enter the actual progress on the specifications and assisting the Contracting…