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Quotation for Small Purchases ACCESS CONTROL HARDWARE INSTALLATION AT HIGH RISE APARTMENTS Holyoke Housing Authority 475 Maple Street Holyoke, MA 01040 (413) 539-2220 February 24, 2021

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Quotation for Small Purchases

ACCESS CONTROL HARDWARE INSTALLATION AT

HIGH RISE APARTMENTS

Holyoke Housing Authority 475 Maple Street

Holyoke, MA 01040 (413) 539-2220

February 24, 2021

TABLE OF CONTENTS

Number of Pages

TABLE OF CONTENTS ........................................................................................................... 1

INTRODUCTION ...................................................................................................................... 1

ADVERTISEMENT ................................................................................................................... 1

QUOTATION FOR SMALL PURCHASES

CONDITIONS TO QUOTE ......................................................................................................... 3

TECHNICAL SPECIFICATIONS – DIVISION 1 ..................................................................... 2

QUOTE FORM ............................................................................................................................. 1

CONTRACT DOCUMENTS

HUD-5370-EZ (01/2014), General Contract Conditions for Small Construction/Development

Contracts ....................................................................................................................................... 4

HUD TABLE 5.1, Mandatory Contract Clauses for Small Purchases Other Than Construction

....................................................................................................................................................... 1

DAVIS-BACON WAGE RATE DETERMINATION ............................................................. 15

SAMPLE U.S. DEPT. OF LABOR WHD-347 FORM .............................................................. 2

ATTACHMENT A

SCHEDULE OF REQUIREMENTS PER LOCATION ............................................................ 2

PHOTOS AND NOTES: Falcetti Towers .................................................................................. 20

PHOTOS AND NOTES: P.A. Coughlin Apartments ............................................................... 18

PHOTOS AND NOTES: J.J. Zielinski Apartments .................................................................. 18

PHOTOS AND NOTES: Beaudry-Boucher Apartments .......................................................... 18

PHOTOS AND NOTES: Rosary Towers .................................................................................. 12

High Rise Access Control - 2021

INTRODUCTION

The Holyoke Housing Authority (HHA) is an independent body, politic and corporate, organized under the provisions of Chapter 121B of the Massachusetts General Laws. Chapter 121B sets forth the powers and duties of all housing authorities in the Commonwealth of Massachusetts. The HHA is regulated by the Commonwealth of Massachusetts’ Department of Housing and Community Development (DHCD) with respect to state-aided housing programs, pursuant to state regulation (760 C.M.R. 700 et seq.). In accordance with Section 11 of Chapter 121B, the Authority is authorized to receive federal funds for low-income housing. These funds come primarily through the U.S. Department of Housing and Urban Development (HUD), pursuant to the U.S. Housing Act of 1937 (42 U.S.C. sec 1437 et seq.), and are governed by a complex set of federal regulations. Under the powers and duties set forth in Chapter 121B of the Massachusetts General Laws, the HHA primary function is the development, ownership, and management of all federally assisted and state-aided public housing in the City of Holyoke. At present, the HHA owns and manages 14 developments, encompassing nearly 1,000 state and federally funded units. The HHA also operates a leased housing program that provides housing subsidies to nearly 1,450 residents.

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ADVERTISEMENT

The Holyoke Housing Authority (“HHA”) is seeking price quotes for the project entitled “Access Control

Hardware Installation At High Rise Apartments,” dated February 2021. Quotes will be received for furnishing all labor, materials, tools and equipment necessary to construct, equip, and finish the above project, in accordance with all applicable city and state codes. The contract will include removal of old and installation of new key fob access control systems at five high rise residential buildings in Holyoke, Massachusetts. Buildings will remain occupied during replacement; the Contractor shall coordinate work with Holyoke Housing Authority to ensure proper ingress/egress is maintained for tenants for duration of work. The Contractor shall be responsible for its work and every part thereof, and for all materials, tools, equipment, appliances, and property of any and all description used in the connection therewith. The Contractor assumes all risk of direct and indirect damage or injury to the property or persons used or employed on or in connection with the work contracted for, and of all damage or injury to any person or property wherever located, resulting from any action, omission, commission or operation under the contract. The Contractor shall be responsible for all associated permit fees. The Contractor shall, during the continuance of all work under the contract provide the following:

a. Maintain statutory workers’ compensation insurance. b. Maintain commercial general liability insurance. c. Maintain owned, non-owned, and hired Automobile Liability insurance. d. Verification of (10) hours of OSHA training for all on-site and supervisory workers.

The Contractor will provide an original, signed certificate of insurance within (10) days of award. Bond Requirements: 50% Payment Bond. Quotes are subject to M.G.L. c.149 sec.44A-J and prevailing wage rates as required by M.G.L. c.l49 §§26 to 27H inclusive. Contractor will provide certified weekly payroll records showing compliance with attached Davis-Bacon wage rate sheet. Attention is directed to the attached Conditions to Quote, HUD Table 5.1 Plus HUD 5370EZ, Special

Conditions, Federal Prevailing Wage Rates.

Please submit all quotes via email to [email protected]. Quotes will be received until 2:00PM on 24 March 2021. The Quotation for Small Purchases will be available at www.holyokehousing.org/procurement. All questions related to this project should be submitted to Stewart Scannell, Project Coordinator at [email protected], no later than 2:00PM on 16 March 2021.

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CONDITIONS TO QUOTE – CONSTRUCTION

PROCEDURE: The HHA will accept the proposed pricing in person, by fax, email or by mail delivery only! The HA will NOT accept proposed pricing verbally or by telephone! 1.0 HHA CONTACT: All questions pertaining to this QSP shall be emailed to

[email protected]. 2.0 APPLICABILITY: By submitting a quote to the HA, the firm or individual doing so (hereinafter, "the

quoter") is automatically agreeing to abide by all terms and conditions listed herein, including those terms and conditions within the HUD document, form HUD-5370-EZ (01/2014), General Contract Conditions

for Small Construction/Development Contracts, which is attached hereto. 3.0 HA RESERVATION OF RIGHTS: The HA reserves the right to:

3.1 Reject any or all quotes, to waive any informalities in the QSP process, or to terminate the QSP process at any time, if deemed by the HA to be in the best interest of the HA;

3.2 Terminate a contract awarded pursuant to this QSP at any time for its convenience upon delivery

of a 10-day written notice to the apparent or successful quoter;

3.3 Determine the days, hours and locations that the successful quoter shall provide the items or services called for in this QSP;

3.4 Reject and not consider any quote that does not, in the opinion of the CO, meet the requirements

of this QSP, including but not necessarily limited to incomplete quotes offering alternate (not including “or equal” items) or non-requested items or services;

4.0 QUOTER’S RESPONSIBILITY: Each quoter must carefully review and comply with all instructions

provided herein, provided within any named attachments and those provided within the noted Internet system.

5.0 DEADLINE: Each quoter shall submit his/her proposed costs, prior to the posted deadline, as provided

for herein. Whereas this is an informal solicitation process, the HA reserves the right to extend the posted deadline at any time prior to the deadline, if, in the opinion of the CO, it is in the best interests of the HA to do so.

6.0 HOLD PRICES/NON-ESCALATION: By submitting a quote, and whereas the quote sum submitted is a

firm-fixed quote, each quoter thereby agrees to "hold" or not increase the proposed quote prices during the term of the work.

7.0 PURCHASE ORDER (PO): The HA will procure the applicable goods or services by issuance of a PO

(which shall have the same meaning as a "contract"). PO’s will be issued on an as-needed basis only. By submitting a quote, the successful quoter thereby agrees to confirm receipt of the PO in the manner directed by the HA.

7.1 AWARD CRITERIA: If an award is completed pursuant to this QSP, and unless otherwise

instructed in writing by the CO, award shall be made to the responsive and responsible

quoter that submits the lowest cost.

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7.2 The awarded company must furnish a Payment Bond of 50% of the contract amount from a

surety company. The Payment Bonds must be obtained within 10 days of the contract award

date.

8.0 INVALID OR ALTERNATE QUOTES: Failure to complete and submit all required information, or to

add any additional requirements not acceptable to the HA, may invalidate the quote submitted. Furthermore, the HA shall reserve the right to reject, without consideration, alternate quotes, meaning those that do not meet the requirements of this QSP.

9.0 QUOTE COSTS: There shall be no obligation for the HA to compensate any quoter or prospective quoter

for any costs that he/she may incur in responding to this QSP. 10.0 SHIPPING COSTS: Each quoted sum submitted shall include completion of the specified services at the

HA site or location, as specified within this QSP or on the PO issued. 11.0 ASSIGNMENT OF PERSONNEL: The HA shall retain the right to demand and receive a change in

personnel assigned by the successful quoter to provide services to the HA if the HA believes that such change is in the best interest of the HA and the completion of the work or provision of the items.

12.0 UNAUTHORIZED SUB-CONTRACTING PROHIBITED: The successful quoter shall not assign any right, nor delegate any duty for the work proposed pursuant to this QSP (including, but not limited to, selling or transferring the ensuing PO or contract) without the prior written consent of the CO. Any purported assignment of interest or delegation of duty, without the prior written consent of the CO shall be void and may result in the cancellation of the PO or the contract with the HA.

13.0 LICENSING AND INSURANCE REQUIREMENTS: Prior to award (but not as a part of the quote submission) the successful quoter will be required to provide:

13.1 An original certificate evidencing the quoter’s current industrial (worker’s compensation) insurance carrier and coverage amount;

13.2 An original certificate evidencing General Liability coverage, naming the HA as an additional insured, together with the appropriate endorsement to said policy reflecting the addition of the HA as an additional insured under said policy (minimum of $1,000,000 each occurrence, general aggregate minimum limit of $1,000,000, together with damage to premises and fire damage of $50,000 and medical expenses any one person of $5,000), with a deductible of not greater than $1,000;

13.3 An original certificate showing the quoter's automobile insurance coverage in a combined single limit of $500,000. For every vehicle utilized during the term of this program, when not owned by the entity, each vehicle must have evidence of automobile insurance coverage with limits of no less than $50,000/$100,000 and medical pay of $5,000.

13.4 A copy of the quoter’s business license allowing that entity to provide such services within the jurisdiction of Holyoke, MA;

13.5 A copy of the quoter's license issued by the State of MA licensing authority allowing the quoter to provide the services detailed herein.

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14.0 Documents that apply to this QSP:

14.1 This Conditions To Quote document; 14.2 Form HUD 5370-EZ (01/2014), General Contract Conditions for Small

Construction/Development Contracts (attached). 14.3 Applicable Davis Bacon Wage Rate Decision (attached).

14.4 Contractors Certification OSHA Safety Training & LEAD 14.41 All employees who work on Massachusetts public works construction sites must have no less than 10 hours of OSHA-approved safety and health training. See Chapter 306 of the Acts of 2004. 14.42 The Contractor and all subcontractors on this project will be required to provide certification of compliance with this requirement in accordance with the provisions of Section 00.73.43 of these Contract Documents. 14.43 The Contractor and all subcontractors shall provide evidence of compliance with Certifications re: EPA regulation 40 CFR 745.

14.5 A copy of 24 CFR 135, commonly known as Section 3 (included by reference--a copy will be delivered by the HA to any firm upon submission to the CO of a written request for such). The successful quoter hereby agrees to comply with all requirements of the HUD Section 3 Program as detailed therein. If a bidder chooses to certify as a Section 3 quoter, he/she shall receive the preference noted therein. In any case, the successful quoter shall be required to, as detailed therein, "to the greatest extent feasible . . . provide economic opportunities to low- and very-low income persons," meaning, if the successful quoter must hire anyone to help with the work, he/she must submit a work plan showing how he/she will give first preference to such jobs to Section 3 persons.

14.6 The HA reserves the right to require the successful quoter/contractor to utilize any form required by HUD to complete the required work and by submitting his/her quote each contractor agrees to do so at no additional charge.

14.0 Technical Specifications or Statement of Work (SOW) that apply to this QSP:

See “Access Control Hardware Furnishing and Installation at High Rise Apartments - DIVISION 1” below.

High Rise Access Control - 2021

Access Control Hardware Furnishing and Installation at High Rise Apartments

DIVISION 1

1. SCOPE OF WORK

A. The work of this contract shall include, but not necessarily be limited to, the provision of all labor, materials, tools, equipment and transportation required for installation of key fob access control systems in new curtain wall entryways at the following high rise apartment buildings, as detailed in Attachment A:

(a) L.B. Falcetti Towers at 475 Maple Street, Holyoke.

(b) P.A. Coughlin Apartments at 300 Walnut Street, Holyoke.

(c) J.J. Zielinski Apartments at 70 Walnut Street, Holyoke.

(d) Beaudry-Boucher Apartments at 68 Cabot Street, Holyoke.

(e) Rosary Towers at 21 Bowers Street, Holyoke.

B. Before submitting a quote, inspect the sites and make a survey of existing services and conditions to be encountered during the term of this Contract. Failure to do so shall not relieve responsibility for full adherence to the provisions herein.

2. CONTRACTOR QUALIFICATIONS

A. The Contractor shall demonstrate that he has had at least five years of successful experience in the installation and complete maintenance of access control systems, employs trained, licensed and competent personnel, locally maintain an adequate stock of parts for replacement or emergency purposes to ensure fulfillment of these services without unreasonable loss of time in reaching the site.

3. FEES, PERMITS AND CODES

A. The Contractor shall secure all permits and pay all fees relating to the work of this contract.

B. All work performed under this contract shall conform with all applicable federal, state, regional and local laws, codes, ordinances and regulations.

C. The Contractor shall immediately notify the Holyoke Housing Authority of any changes in applicable federal, state, regional and local laws, codes, ordinances and regulations that occur during the duration of this Contract and indicate how such changes affect the systems covered under this Contract.

4. WORKING HOURS

A. Whenever possible, all work shall be scheduled between 8:00 A.M. and 4:30 P.M., Monday through Friday, excluding holidays. No additional compensation will be paid for work performed during these hours.

B. Whenever work is required outside the hours above, written approval shall be obtained from the Owner.

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5. COMPENSATION

A. Compensation shall be paid in the amount as quoted unless otherwise agreed upon.

6. WARRANTY

A. The Contractor shall repair all defects in materials, equipment, or workmanship appearing within one year from the date of substantial completion of the Work. If, in the opinion of the Owner, a defect exists, or functional deterioration takes place, or substantial departure from the standards or original construction exists in the work, the Owner shall so notify the Contractor by certified letter mailed to the address given in the Contractor's Proposal, or to the Contractor's last business address known to those who give the notice. It is mutually agreed that such notice shall be sufficient and adequate. If the Contractor shall not proceed to remedy such defects, deficiencies, deterioration, or departures as are called to his attention in the notice within seven (7) consecutive Calendar Days after mailing of notice, the Owner shall cause the repairs to be made as the Owner deems best, and the entire cost thereof shall be paid by the Contractor or his Surety or deducted from any amounts then or thereafter as due to the Contractor from the Owner.

7. ACCESS CONTROL SYSTEMS SCHEDULES

A. The following “Attachment A” is a list of system components that shall serve as the basis for pricing the work as described herein. The Contractor shall report any discrepancies in quantity, type or manufacturer to the Owner.

END OF SECTION

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QUOTE FORM

TO THE AWARDING AUTHORITY A. The undersigned proposes to furnish all labor and materials required for access control hardware furnishing and installation for the Holyoke Housing Authority in Holyoke, Massachusetts in accordance with the Quotation for Small Purchases Documents prepared by the Holyoke Housing Authority, for the contract price specified below, subject to additions and deductions according to the terms of the specifications. B. Access Hardware

Replacement Quantity

001 L.B. Falcetti Towers Lump Sum for this Development = $

002 P.A. Coughlin Apartments Lump Sum for this Development = $

003 J.J. Zielinski Apartments Lump Sum for this Development = $

004 Beaudry-Boucher Apartments Lump Sum for this Development = $

005 Rosary Towers Lump Sum for this Development = $

Total $_________________

The Sum of Items 001-005 equals the proposed quoted price for the access control hardware furnishing and installation at the above sites:

dollars $___________

(Quote Amount in Words)

C. The undersigned hereby certifies that he is able to furnish labor that can work in harmony with all other elements of labor employed or to be employed on the work; that all employees to be employed at the worksite will have successfully completed a course in construction safety and health approved by the United States Occupational Safety and Health Administration that is at least 10 hours in duration at the time the employee begins work and who shall furnish documentation of successful completion of said course with the first certified payroll report for each employee; and that he will comply fully with all laws and regulations applicable to awards made subject to section 44A. D. The undersigned further certifies under the penalties of perjury that this bid is in all respects bona fide, fair and made without collusion or fraud with any other person. As used in this subsection the word "person" shall mean natural person, joint venture, partnership, corporation or other business or legal entity. The undersigned further certifies under penalty or perjury that the said undersigned is not presently debarred from doing public construction work in the Commonwealth under the provisions of section twenty-nine F of chapter twenty-nine, or any other applicable debarment provisions of any other chapter of the General Laws or any rule or regulation promulgated thereunder.

Signature

Date: _________________________

Name of Quoter BY:

Signature & Title of person signing quote

Business Address

City and State

Note: If the quoter is a corporation, indicate state of incorporation under signature, and affix corporate seal; if a partnership, give full names and residential addresses if different from business addresses.

General Contract Conditions for Small Construction/Development Contracts

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

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 $150,000.

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 by the PHA in completing the work.

(b) The Contractor’s right to proceed shall not be terminated or the Contractor charged with damages under this clause if – (1) The delay in completing the work arises from

unforeseeable causes beyond the control and without the fault or negligence of the Contractor; and

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

Page 1 of 7 Form HUD-5370-EZ (1/2014)

(1) Workers’ Compensation, in accordance with state or Ter- 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

ritorial Workers’ Compensation laws. (2) Commercial General Liability with a combined single limit

for bodily injury and property damage of not less than $ Contractor and the Contracting Officer. [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

(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.

by Automobile Liability under (3) below. If the Contractor has a “claims-made” policy, then the following additional requirements 8. Changesapply: 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

(a) The Contracting Officer may, at any time, without notice to the

completion date of the Contract. sureties, by written order designated or indicated to be a change order, make changes in the work within the general scope of the

(3) Automobile Liability on owned and non -owned motor vehicles used on the site(s) or in connection therewith for a

contract including changes:

combined single limit for bodily injury and property damage of not [Contracting Officer insert amount] per

(1) In the specifications (including drawings and designs); (2) In the method or manner of performance of the work;

less than $ (3) PHA-furnished facilities, equipment, materials, services, or 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 super-structure 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

site; or, (4) Directing the acceleration in the performance of the work.

(b) Any other written order or oral order (which, as used in thisparagraph (b), includes direction, instruction, interpretation, or determination) from the Contracting Officer that causes a change shall be treated as a change order under this clause; provided, that the Contractor gives the Contracting Officer written notice stating (1) the date, circumstances and source of the order and (2) that the Contractor regards the order as a change order.

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

(d) If any change under this clause causes an increase or decrease in the Contractor’s cost of, or the time required for the perfor-mance 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 such work.

(c) All insurance shall be carried with companies which are specifications. 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.

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

7. Contract Modifications contract.

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

authorized in writing. the contract in at least the following details: (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

(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

Page 2 of 7 Form HUD-5370-EZ (1/2014)

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

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.

Costs - when size of change warrants revision. 12. Procurement of Recovered Materials (2) Indirect Costs. Indirect costs may include overhead, general

and administrative expenses, and fringe benefits not normally (a) In accordance with Section 6002 of the Solid Waste Disposal treated as direct costs. 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

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

The allowability of the direct and indirect costs shall be determined in accordance with the Contract Cost Principles and Procedures for Commercial Firms in Part 31 of the Federal Acquisition Regulation (48 CFR 1-31), as implemented by HUD Handbook 2210.18, in effect on the date of this contract. The Contractor shall not be allowed a profit on the profit received by any subcontractor. Equitable adjustments for deleted work shall include a credit for profit and may include a credit for indirect costs. On proposals covering both increases and decreases in the amount of the contract, the application of indirect costs and profit shall be on the net-change in direct costs for the Contractor or subcontractor

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 performing the work. 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.

(g) The Contractor shall include in the proposal its request for timeextension (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

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

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.

(a) The work to be performed under this contract is subject to the

9. Examination and Retention of Contractor’s Records

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

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.

recipients of HUD assistance for housing. (b) The parties to this contract agree to comply with HUD's

regulations in 24 CFR Part 135, which implement section 3. 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

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

Part 135 regulations. (c) The contractor agrees to send to each labor organization or

representative of workers with which the contractor has a 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.

collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers'

11. Energy Efficiency

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 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the

Page 3 of 7 Form HUD-5370-EZ (1/2014)

qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the

a prominent and accessible place where it can be easily seen by the workers.

anticipated date the work shall begin. (2) (i) Any class of laborers or mechanics, including helpers, (d) The contractor agrees to include this section 3 clause in every which is not listed in the wage determination and

which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefor only when all the following criteria have been

subcontract subject to compliance with regulations in 24 CFR Part 135, 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 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in

met: (a) The work to be performed by the classification

violation of the regulations in 24 CFR Part 135. requested is not performed by a classification in the (e) The contractor will certify that any vacant employment wage determination; and

positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's

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

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

obligations under 24 CFR Part 135. determination. (f) Noncompliance with HUD's regulations in 24 CFR Part 135 (ii) If the Contractor and the laborers and mechanics to be

employed in the classification (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employee Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time

may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts.

14. Labor Standards - Davis-Bacon and Related Acts(a) Minimum Wages.

(1) All laborers and mechanics employed under this contract in the construction or development of the project(s) involved will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the Contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the regular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits in the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein; provided, that the employer’s payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR 5.5(a)(1)(ii) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the Contractor and its subcontractors at the site of the work in

is necessary. (iii) In the event the Contractor, the laborers or mechanics

to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator of the Wage and Hour Division for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary.

(iv) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (a)(2)(ii) or (iii) of this clause shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.

(3) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the Contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (4) If the Contractor does not make payments to a trusteeor other third person, the Contractor may consider as part

Page 4 of 7 Form HUD-5370-EZ (1/2014)

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

the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs.

(2) (i) The Contractor shall submit weekly for each week in which

(b) Withholding of Funds. HUD or its designee shall, upon

any contract work is performed a copy of all payrolls to the Contracting Officer for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under subparagraph (c)(1) of this clause. This information may be submitted in any form desired. Optional Form WH-347 (Federal Stock Number 029-005-00014-1) is available for this purpose and may be purchased from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. The prime Contractor is responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Office of Management

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

and Budget under OMB Control Number 1214-0149.) (ii) Each payroll submitted shall be accompanied by a

“Statement of Compliance,” signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (A) That the payroll for the payroll period contains the

information required to be maintained under paragraph (c)(1) of this clause and that such information is correct and complete;

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

(C) That each laborer or mechanic has been paid not less(c) Payrolls and Basic Records. than the applicable wage rates and fringe benefits or

cash equivalents for the classification of work performed, as specified in the applicable wage

(1) Payrolls and basic records relating thereto shall be

maintained by the Contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working in the construction or development of the project. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made, and actual wages paid. Whenever the Secretary of Labor has found, under 29 CFR 5.5(a)(1)(iv), that the wages of any laborer or mechanic include the amount of costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the Contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of

determination incorporated into the contract. (iii) The weekly submission of a properly executed

certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirements for submission of the “Statement of Compliance” required by subparagraph

(c)(2)(ii) of this clause. (iv) The falsification of any of the above certifications may

subject the Contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 3729 of Title 31 of the United States Code.

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

Page 5 of 7 Form HUD-5370-EZ (1/2014)

(d) Apprentices. Apprentices will be permitted to work at less than specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed in the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate in the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate in the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate in the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the Contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved.

the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services (OATELS), or with a State Apprenticeship Agency recognized by OATELS, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by OATELS or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice.

The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the Contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated in this paragraph, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman’s hourly rate) specified in the Contractor’s or subcontractor’s registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice’s level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator of the Wage and Hour Division determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event OATELS, or a State Apprenticeship Agency recognized by OATELS, withdraws approval of an apprenticeship program, the Contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.

(f) Equal Employment Opportunity. The utilization of apprentices, trainees, and journeymen under this clause shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30.

(g) Compliance with Copeland Act Requirements. The Contractor shall comply with the requirements of 29 CFR Part 3, which are hereby incorporated by reference in this contract.

(h) Contract Termination; Debarment. A breach of the labor standards clauses in this contract may be grounds for termination of the contract and for debarment as a Contractor and a subcontractor as provided in 29 CFR 5.12.

(i) Compliance with Davis-Bacon and related ActRequirements. All rulings and interpretations of the Davis-Bacon and related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract.

(e) Trainees. Except as provided in 29 CFR 5.16, trainees will not

(j) Disputes Concerning Labor Standards. Disputes arising out of the labor standards provisions of this clause shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the Contractor (or any of its subcontractors) and the PHA, HUD, the U.S. Department of Labor, or the employees or their representatives. be permitted to work at less than the predetermined rate for the

work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S.

(k) Certification of Eligibility.(1) By entering into this contract, the Contractor certifies that

Department of Labor, Employment and Training neither it (nor he or she) nor any person or firm who has an interest in the Contractor’s firm is a person or firm ineligible to be awarded contracts by the United States Government by virtue of section 3(a) of the Davis-Bacon

Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee’s level of progress, expressed as a percentage of the journeyman hourly rate

Act or 29 CFR 5.12(a)(1). (2) No part of this contract shall be subcontracted to any person

or firm ineligible for award of a United States Government

Page 6 of 7 Form HUD-5370-EZ (1/2014)

contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).

(3) The penalty for making false statements is prescribed in the U. S. Criminal Code, 18 U.S.C. 1001.

(l) Subcontracts. The Contractor or subcontractor shall insert in any subcontracts all the provisions contained in this clause, and such other clauses as HUD or its designee may by appropriate instructions require, and also a clause requiring the subcontractors to include these provisions in any lower tier subcontracts. The prime Contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all these provisions.

(m) Non-Federal Prevailing Wage Rates. Any prevailing wage rate (including basic hourly rate and any fringe benefits), determined under State law to be prevailing, with respect to any employee in any trade or position employed under the contract, is inapplicable to the contract and shall not be enforced against the Contractor or any subcontractor, with respect to employees engaged under the contract whenever such non-Federal prevailing wage rate exceeds: (i) the applicable wage rate determined by the Secretary of

Labor pursuant to the Davis-Bacon Act (40 U.S.C. 3141 et seq.) to be prevailing in the locality with respect to such trade;

(ii) an applicable apprentice wage rate based thereon specified in an apprenticeship program registered with the U.S. Department of Labor (DOL) or a DOL-recognized State Apprenticeship Agency; or

(iii) an applicable trainee wage rate based thereon specified in a DOL-certified trainee program.

Page 7 of 7 Form HUD-5370-EZ (1/2014)

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.

Handbook No. 7460.8 REV 2

5-6 2/2007

TABLE 5.1 MANDATORY CONTRACT CLAUSES FOR SMALL PURCHASES OTHER THAN CONSTRUCTION

The following contract clauses are required in contracts pursuant to 24 CFR 85.36(i) and Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. HUD is permitted to require changes, remedies, changed conditions, access and records retention, suspension of work, and other clauses approved by the Office of Federal Procurement Policy. The PHA and contractor is also subject to other Federal laws including the U.S. Housing Act of 1937, as amended, Federal regulations, and state law and regulations.

Examination and Retention of Contractor’s Records. The PHA, 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.

Right in Data and Patent Rights (Ownership and Proprietary Interest). The PHA 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 the Contract.

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.

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.

Termination for Cause and for Convenience (contracts of $10,000 or more).

(a) The PHA may terminate this contract in whole, or from time to time in part, for the PHA’s convenience or the failure of the Contractor to fulfill the contract obligations (cause/default). The PHA shall terminate by delivering to the Contractor a written Notice of Termination specifying the nature, extent, and effective date of the termination. Upon receipt of the notice, the Contractor shall: (1) immediately discontinue all services affected (unless the notice directs otherwise), and (2) deliver to the PHA all information, reports, papers, and other materials accumulated or generated in performing the contract, whether completed or in process.

(b) If the termination is for the convenience of the PHA, the PHA shall be liable only for payment for services rendered before the effective date of the termination.

(c) If the termination is due to the failure of the Contractor to fulfill its obligations under the contract (cause/default), the PHA may (1) require the Contractor to deliver to it, in the manner and to the extent directed by the PHA, any work described in the Notice of Termination; (2) take over the work and prosecute the same to completion by contract of otherwise, and the Contractor shall be liable for any additional cost incurred by the PHA; and (3) withhold any payments to the Contractor, for the purpose of set-off or partial payment, as the case may be, of amounts owned by the PHA by the Contractor. In the event of termination for cause/default, the PHA shall be liable to the Contractor for reasonable costs incurred by the Contractor before the effective date of the termination. Any dispute shall be decided by the Contracting Officer.

"General Decision Number: MA20210003 02/12/2021

Superseded General Decision Number: MA20200003

State: Massachusetts

Construction Type: Building

Counties: Berkshire, Franklin, Hampden and Hampshire Counties

in Massachusetts.

BUILDING CONSTRUCTION PROJECTS Does not include residential

construction consisting of single family homes and apartments

up to and including 4 stories)

Note: Under Executive Order (EO) 13658, an hourly minimum wage

of $10.95 for calendar year 2021 applies to all contracts

subject to the Davis-Bacon Act for which the contract is

awarded (and any solicitation was issued) on or after January

1, 2015. If this contract is covered by the EO, the contractor

must pay all workers in any classification listed on this wage

determination at least $10.95 per hour (or the applicable wage

rate listed on this wage determination, if it is higher) for

all hours spent performing on the contract in calendar year

2021. If this contract is covered by the EO and a

classification considered necessary for performance of work on

the contract does not appear on this wage determination, the

contractor must pay workers in that classification at least the

wage rate determined through the conformance process set forth

in 29 CFR 5.5(a)(1)(ii) (or the EO minimum wage rate,if it is

higher than the conformed wage rate). The EO minimum wage rate

will be adjusted annually. Please note that this EO applies to

the above-mentioned types of contracts entered into by the

federal government that are subject to the Davis-Bacon Act

itself, but it does not apply to contracts subject only to the

Davis-Bacon Related Acts, including those set forth at 29 CFR

5.1(a)(2)-(60). Additional information on contractor

requirements and worker protections under the EO is available

at www.dol.gov/whd/govcontracts.

Modification Number Publication Date

0 01/01/2021

1 02/12/2021

ASBE0006-011 09/01/2019

Rates Fringes

Insulator/asbestos worker

(Includes the application of

all insulating materials,

protective coverings,

coatings and finishes to all

types of mechanical systems).....$ 38.75 29.90

----------------------------------------------------------------

BOIL0029-001 01/01/2017

Rates Fringes

BOILERMAKER......................$ 42.42 24.92

----------------------------------------------------------------

* BRMA0001-001 08/01/2020

SPRINGFIELD/PITTSFIELD CHAPTER FRANKLIN, HAMPDEN, and

HAMPSHIRE COUNTIES

Rates Fringes

BRICKLAYER

BRICKLAYERS; CEMENT

MASONS; PLASTERERS; STONE

MASONS; MARBLE, TILE &

TERRAZZO WORKERS............$ 44.16 33.63

----------------------------------------------------------------

* BRMA0001-003 08/01/2020

SPRINGFIELD/PITTSFIELD

BERKSHIRE

Rates Fringes

BRICKLAYER

BRICKLAYERS; CEMENT

MASONS; PLASTERERS; STONE

MASONS; MARBLE, TILE &

TERRAZZO WORKERS............$ 44.16 33.63

----------------------------------------------------------------

CARP0056-014 08/01/2020

Rates Fringes

PILEDRIVERMAN....................$ 49.07 35.57

----------------------------------------------------------------

CARP0336-006 03/01/2020

Franklin County (Erving, Orange, North Orange and Warwick)

Rates Fringes

CARPENTER........................$ 42.40 29.10

----------------------------------------------------------------

CARP0336-009 03/01/2020

HAMPDEN; HAMPSHIRE AND FRANKLIN (Remainder)

Rates Fringes

Carpenter/Lather/Drywall

Applicator.......................$ 42.40 29.10

----------------------------------------------------------------

CARP0336-013 03/01/2020

BERKSHIRE COUNTY

Rates Fringes

CARPENTER........................$ 42.40 29.10

----------------------------------------------------------------

CARP1121-004 01/06/2020

Rates Fringes

MILLWRIGHT.......................$ 36.71 31.15

----------------------------------------------------------------

CARP2168-003 09/01/2020

Rates Fringes

FLOOR LAYER: Carpet.............$ 47.79 29.40

----------------------------------------------------------------

ELEC0007-002 06/28/2020

HAMPDEN (Except Chester & Holyoke); HAMPSHIRE (Belchertown,

Ware)

Rates Fringes

ELECTRICIAN......................$ 44.01 24.67

----------------------------------------------------------------

ELEC0007-003 06/28/2020

BERKSHIRE; FRANKLIN; HAMPDEN (Chester, Holyoke); HAMPSHIRE

(Except Belchertown, Ware)

Rates Fringes

ELECTRICIAN......................$ 44.01 24.67

----------------------------------------------------------------

ELEC0007-006 06/28/2020

Rates Fringes

Teledata System Installer........$ 44.01 24.67

----------------------------------------------------------------

ELEC0042-003 09/03/2017

Rates Fringes

Line Construction:

Heavy Equipment Operator....$ 42.26 6.5%+19.81

Lineman, Cable Splicer and

Dynamite Man................$ 46.96 6.5%+22.00

Material Man, Tractor

Trailer Driver, Equipment

Operator....................$ 39.92 6.5%+19.21

----------------------------------------------------------------

ELEV0041-001 01/01/2020

Rates Fringes

ELEVATOR MECHANIC................$ 54.85 34.765+a+b

FOOTNOTE:

a.Vacation: 6%/under 5 years based on regular hourly rate for

all hours worked. 8%/over 5 years based on regular hourly

rate for all hours worked.

b. PAID HOLIDAYS: New Year's Day; Memorial Day; Independence

Day; Labor Day; Veterans' Day; Thanksgiving Day; the Friday

after Thanksgiving Day; and Christmas Day.

----------------------------------------------------------------

ENGI0098-001 12/01/2016

Rates Fringes

Power equipment operators:

(BUILDING & RESIDENTIAL)

Group 1...................$ 33.68 23.96+A

Group 2...................$ 33.37 23.96+A

Group 3...................$ 33.15 23.96+A

Group 4...................$ 32.54 23.96+A

Group 5...................$ 29.92 23.96+A

Group 6...................$ 28.80 23.96+A

Group 7...................$ 26.86 23.96+A

Group 8...................$ 305.95 23.962+A

Group 9...................$ 230.69 23.96+A

Group 10...................$ 35.17 23.96+A

Group 11...................$ 38.18 23.96+A

Group 12...................$ 39.68 23.96+A

Group 13...................$ 40.68 23.96+A

Group 14...................$ 41.68 23.96+A

Group 15...................$ 43.18 23.96+A

HAZARDOUS WASTE PREMIUM $2.00

FOOTNOTE FOR POWER EQUIPMENT OPERATORS:

Group 8 and Group 9 are per day wages.

A. Paid Holidays: New year's Day, Washington's Birthday,

Memorial Day, Independence Day, Labor Day, Columbus Day,

Veterans Day, Thanksgiving Day and Christmas Day

POWER EQUIPMENT OPERATORS CLASSIFICATIONS

Group 1: Shovels; crawlers and truck cranes including all

tower; self-propelled hydraulic cranes 10 tons and over;

draglines; clam shells; cableways; shaft hoists; mucking

machines derricks; backhoes; bulldozers; gradalls;

elevating graders; pile drivers; concrete pavers; trenching

machines; front end loaders- 5 1/2 cu yds and over; dual

drum paver; automatic grader-excavator(C.M.I. or equal);

scrapers towing pan or wagon; tandem dozers or push cats(2

units in tandem); shotcrete machine; tunnel boring machine;

combination backhoe/loader 3/4 cu yd hoe or over; jet

engine dryer; tree shredder; post hole digger; post hole

hammer; post extractor; truck mounted concrete pump with

boom; roto-mill; Grader; Horizontal Drilling Machine; John

Henry Rock Drill and similar equipment.

Group 2: Rotary drill with mounted compressor; compressor

house (3 to 6 compressors); rock and earth boring machines

(excluding McCarthy and similar drills); front end loaders

4 cu yds to 5 1/2 cu yds); forklifts-7 ft lift and over 3

ton capacity; scraper 21 yds and over (struck load); sonic

hammer console; reclaimers road planer/milling machine; cal

tracks; ballast regulators; rail anchor machines; switch

tampers, asphalt pavers; mechanic; welder and transfer

machine.

Group 3: Combination backhoe/loader up to 3/4 cu yd;

scrapers up to 21 cu yd (struck load, self propelled or

tractor drawn); tireman; front end loaders up to 4 yds;

well drillers; engineer or fireman on high pressure boiler;

self-loading batch plant; well point operators electric

pumps used in well point system; pumps, 16 inches and over

(total discharge); compressor, one or two 900 cu ft and

over; powered grease truck; tunnel locomotives and dingys;

grout pumps; hydraulic jacks; boom truck; hydraulic cranes-

up to 10 ton.

Group 4: Asphalt rollers; self-powered rollers and

compactors; tractor without blade drawing sheepsfoot

roller; rubber tire roller; vibratory roller or other type

of compactors including machines for pulverizing and

aerating soil; york rake.

Group 5: Hoists; conveyors; power pavement breakers;

self-powered concrete pavement finishing machines; two bag

mixers with skip; McCarthy and similar drills; batch plants

(not self loading); bulk cement plants; self-propelled

material spreaders; three or more 10 KW light plants; 30

KW or more generators; power broom.

Group 6: Compressor (one or two) 315 cu ft to 900 cu ft;

pumps 4 inches to 16 inches (total discharge).

Group 7: Compressors up to 315 cu ft; small mixers with

skip; pumps up to 4 inches; power heaters; oiler; A-frame

trucks; forklifts-up to 7 ft. lift and up to 3 ton

capacity; hydro broom; stud welder.

Group 8: Truck crane crews

Group 9: Oiler

Group 10: Master Mechanic

Group 11: Boom lengths over 150 feet including jib

Group 12: Boom lengths over 200 feet including jib

Group 13: Boom lengths over 250 feet including jib

Group 14: Boom lengths over 300 feet including jib

Group 15: Boom lengths over 350 feet including jib

----------------------------------------------------------------

IRON0007-014 03/16/2020

BERKSHIRE (Becket, East Otis, Hinsdale, Monterey, New Marlboro,

North Otis, Otis, Peru, Sandisfield, Savoy, Sheffield,

Washington, Windsor); FRANKLIN; HAMPDEN; HAMPSHIRE

Rates Fringes

IRONWORKER.......................$ 35.33 30.01

----------------------------------------------------------------

IRON0012-003 07/01/2020

BERKSHIRE (Lee)

Rates Fringes

IRONWORKER.......................$ 32.10 25.48

----------------------------------------------------------------

IRON0012-004 07/01/2020

BERKSHIRE (Remainder of County)

Rates Fringes

Ironworkers:

Sheeter.....................$ 32.35 25.48

Structural, Ornamental,

Reinforcing, Fence

Erector, Machinery Mover,

Rigger, Rodman, Stone

Derrickman..................$ 32.10 25.48

----------------------------------------------------------------

LABO0014-004 12/01/2017

BERKSHIRE COUNTY

FRANKLIN COUNTY (the towns of Ashfield, Buckland, Charlemont,

Hawley, Heath, and Rowe only) HAMPSHIRE COUNTY (the towns of

Chesterfield, Cummington, Goshen, Middlefield, Plainfield, and

Worthington only)

Rates Fringes

Plasterer tender.................$ 26.10 20.90

----------------------------------------------------------------

LABO0014-005 12/01/2017

HAMPDEN COUNTY

HAMPSHIRE COUNTY (with the exception of Chesterfield,

Cummington, Goshen, Middlefield, Plainfield, and Worthington)

FRANKLIN COUNTY (with the exception of Ashfield, Buckland,

Charlemont, Hauley, Heath, Orange, Rowe, and Warwick)

Rates Fringes

Plasterer tender.................$ 30.60 21.91

----------------------------------------------------------------

LABO0022-002 06/01/2020

FRANKLIN (Orange, Warwick)

Rates Fringes

Laborers:

GROUP 1.....................$ 34.06 25.72

GROUP 2.....................$ 34.31 25.72

GROUP 3.....................$ 34.81 25.72

GROUP 4.....................$ 35.06 25.72

GROUP 5.....................$ 34.31 25.72

GROUP 6.....................$ 34.25 22.92

LABORERS CLASSIFICATIONS

GROUP 1: Laborers; carpenter tenders; cement finisher

tenders, plasterer tenders

GROUP 2: Asphalt raker; fence and guard rail erector; laser

beam operator; mason tenmder; pipelayer; pneumatic drill

operator; pneumatic tool operator; wagon drill operatorm

jackhammer operator, pavement breaker, carbide core

drilling machine, chain saw operator, barco type jumping

tampers, concrete pump, motorized mortar miner, ride-on

motorized buggy

GROUP 3: Air track operator; block paver; rammer; curb

setter, hydraulic and similar self-powered drills

GROUP 4: Blaster; powderman

GROUP 5: Precast floor and roof, plank erector

GROUP 6: Asbestos Abatement, Toxic and Hazardous waste

laborers

----------------------------------------------------------------

LABO0473-001 06/01/2018

BERKSHIRE COUNTY, FRANKLIN COUNTY, (THE TOWNS OF ASHFIELD,

BUCKLAND, CHARLEMONT, HAWLEY, HEATH, AND ROWE ONLY) HAMPSHIRE

COUNTY (THE TOWNS OF CHESTERFIELD, CUMMINGTON, GOSHEN,

MIDDLEFIELD, PLAINFIELD, AND WORTHINGTON ONLY)

Rates Fringes

Laborers:........................$ 26.40 20.75

----------------------------------------------------------------

LABO0596-001 06/04/2018

HAMPDEN COUNTY, HAMPSHIRE COUNTY (WITH THE EXCEPTION OF

CHESTERFIELD, CUMMINNGTON, GOSHEN, MIDDLEFIELD, PLAINFIELD, AND

WORTHINGTON) FRANKLIN COUNTY (WITH THE EXCEPTION OF ASHFIELD,

BUCKLAND, CHARLEMONT, HAULY, HEATH, ORANGE,ROWE AND WARWICK)

Rates Fringes

Laborers:

GROUP 1.....................$ 31.00 22.19

GROUP 2.....................$ 31.25 22.19

GROUP 3.....................$ 31.75 22.19

GROUP 4.....................$ 31.75 22.19

GROUP 5.....................$ 32.00 22.19

LABORERS CLASSIFICATIONS

GROUP 1: Laborers, carpenter tenders, wrecking laborers

GROUP 2: Asphalt rakers, carbide core driller operators,

chain saw operators, pipelayers, jackhammer and paving

breaker operators, Barco type jumping tampers, laser beam

operators, concrete pump operators, mason tenders,

motorized mortar mixers, ride-on motorized buggy operators,

wagon drill operators

GROUP 3: precast floor and roof plank erectors, sign

erectors, asbestos removal laborers, haz-mat laborers

GROUP 4: Air track operators, block pavers, rammers and curb

setters, hydraulic and similar self-powered drills

GROUP 5: Powderman and blaster

----------------------------------------------------------------

MARB0097-001 03/01/2012

Rates Fringes

MARBLE FINISHER..................$ 28.43 25.85

----------------------------------------------------------------

PAIN0011-008 06/01/2020

Rates Fringes

GLAZIER..........................$ 39.18 22.55+A

FOOTNOTE:

A. PAID HOLIDAY: LABOR DAY (provided employee has worked any

part of the week prior to Labor Day and any part of the

week after Labor Day

----------------------------------------------------------------

PAIN0035-007 07/01/2019

Rates Fringes

PAINTER

NEW CONSTRUCTION:

Brush, Taper...............$ 32.33 26.35

Spray, Sandblast...........$ 34.03 27.00

REPAINT:

Brush, Taper...............$ 29.65 26.35

Spray, Sandblast...........$ 31.35 27.00

----------------------------------------------------------------

PLUM0004-003 09/01/2020

FRANKLIN (Orange)

Rates Fringes

Plumber and Steamfitter..........$ 46.91 26.86

----------------------------------------------------------------

PLUM0104-004 09/17/2020

BERKSHIRE (Becket, Otis, Sandisfield); FRANKLIN (Except Monroe,

Rowe, and the Western part of Charlemont); HAMPDEN; HAMPSHIRE

Rates Fringes

Plumbers and Pipefitters.........$ 42.21 26.90

FOOTNOTE:

A. Two paid holidays, Independence Day and Labor Day,

provided the employee has been employed seven days prior to

the holiday by the same employer

----------------------------------------------------------------

PLUM0104-009 09/17/2020

BERKSHIRE (Except Otis, Becket, Sandisfield); FRANKLIN (Monroe,

Rowe and the Western part of Charlemont)

Rates Fringes

Plumber and Steamfitter..........$ 42.21 26.90

FOOTNOTE FOR PLUMBERS & STEAMFITTERS:

A. Paid holidays: Independence Day and Labor Day, provided

the employee has been employed seven days prior to the

holiday by the same employer.

----------------------------------------------------------------

ROOF0248-001 07/16/2020

All tear-off and/or removal (of any types of roofing), and all

spudding, sweeping, vacuuming and/or cleanup of any and all

areas of any type where a roof is to be relaid.

Rates Fringes

Roofers:

Composition Roofers & Damp

Waterproofers...............$ 33.16 28.30

Pitch,Slate, Tile and

Precast Concrete............$ 33.66 28.80

----------------------------------------------------------------

SFMA0550-003 10/01/2020

Rates Fringes

SPRINKLER FITTER.................$ 55.78 31.39

a. PAID HOLIDAYS: Memorial Day, July 4th, Labor Day,

Thanksgiving Day and Christmas Day, provided the employee

has been in the employment of a contractor 20 working days

prior to any such paid holidays.

----------------------------------------------------------------

SHEE0063-001 01/01/2020

Rates Fringes

Sheet metal worker...............$ 35.49 31.04

----------------------------------------------------------------

TEAM0379-001 08/01/2020

Rates Fringes

Truck drivers:

Group 1.....................$ 34.98 26.6325+A+B

Group 2.....................$ 35.15 26.6325+A+B

Group 3.....................$ 35.22 26.6325+A+B

Group 4.....................$ 34.44 26.6325+A+B

Group 5.....................$ 35.44 26.6325+A+B

Group 6.....................$ 35.73 26.6325+A+B

Group 7.....................$ 36.02 26.6325+A+B

POWER TRUCKS $.25 DIFFERENTIAL BY AXLE

TUNNEL WORK (UNDERGROUND ONLY) $.40 DIFFERENTIAL BY AXLE

HAZARDOUS MATERIALS (IN HOT ZONE ONLY) $2.00 PREMIUM

TRUCK DRIVERS CLASSIFICATIONS

Group 1: Station wagons; panel trucks; and pickup trucks

Group 2: Two axle equipment; & forklift operator

Group 3: Three axle equipment and tireman

Group 4: Four and Five Axle equipment

Group 5: Specialized earth moving equipment under 35 tons

other than conventional type trucks; low bed; vachual;

mechanics, paving restoration equipment

Group 6: Specialized earth moving equipment over 35 tons

Group 7: Trailers for earth moving equipment (double hookup)

FOOTNOTES:

A. PAID HOLIDAYS: New Year's Day, Washington's Birthday,

Memorial Day, Independence Day, Labor Day, Patriot's Day,

Columbus Day, Veteran's Day, Thanksgiving Day and Christmas

Day

B. PAID VACATION: Employees with 4 months to 1 year of

service receive 1/2 day's pay per month; 1 week vacation

for 1 - 5 years of service; 2 weeks vacation for 5 - 10

years of service; and 3 weeks vacation for more than 10

years of service

----------------------------------------------------------------

WELDERS - Receive rate prescribed for craft performing

operation to which welding is incidental.

================================================================

Note: Executive Order (EO) 13706, Establishing Paid Sick Leave

for Federal Contractors applies to all contracts subject to the

Davis-Bacon Act for which the contract is awarded (and any

solicitation was issued) on or after January 1, 2017. If this

contract is covered by the EO, the contractor must provide

employees with 1 hour of paid sick leave for every 30 hours

they work, up to 56 hours of paid sick leave each year.

Employees must be permitted to use paid sick leave for their

own illness, injury or other health-related needs, including

preventive care; to assist a family member (or person who is

like family to the employee) who is ill, injured, or has other

health-related needs, including preventive care; or for reasons

resulting from, or to assist a family member (or person who is

like family to the employee) who is a victim of, domestic

violence, sexual assault, or stalking. Additional information

on contractor requirements and worker protections under the EO

is available at www.dol.gov/whd/govcontracts.

Unlisted classifications needed for work not included within

the scope of the classifications listed may be added after

award only as provided in the labor standards contract clauses

(29CFR 5.5 (a) (1) (ii)).

----------------------------------------------------------------

The body of each wage determination lists the classification

and wage rates that have been found to be prevailing for the

cited type(s) of construction in the area covered by the wage

determination. The classifications are listed in alphabetical

order of ""identifiers"" that indicate whether the particular

rate is a union rate (current union negotiated rate for local),

a survey rate (weighted average rate) or a union average rate

(weighted union average rate).

Union Rate Identifiers

A four letter classification abbreviation identifier enclosed

in dotted lines beginning with characters other than ""SU"" or

""UAVG"" denotes that the union classification and rate were

prevailing for that classification in the survey. Example:

PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of

the union which prevailed in the survey for this

classification, which in this example would be Plumbers. 0198

indicates the local union number or district council number

where applicable, i.e., Plumbers Local 0198. The next number,

005 in the example, is an internal number used in processing

the wage determination. 07/01/2014 is the effective date of the

most current negotiated rate, which in this example is July 1,

2014.

Union prevailing wage rates are updated to reflect all rate

changes in the collective bargaining agreement (CBA) governing

this classification and rate.

Survey Rate Identifiers

Classifications listed under the ""SU"" identifier indicate that

no one rate prevailed for this classification in the survey and

the published rate is derived by computing a weighted average

rate based on all the rates reported in the survey for that

classification. As this weighted average rate includes all

rates reported in the survey, it may include both union and

non-union rates. Example: SULA2012-007 5/13/2014. SU indicates

the rates are survey rates based on a weighted average

calculation of rates and are not majority rates. LA indicates

the State of Louisiana. 2012 is the year of survey on which

these classifications and rates are based. The next number, 007

in the example, is an internal number used in producing the

wage determination. 5/13/2014 indicates the survey completion

date for the classifications and rates under that identifier.

Survey wage rates are not updated and remain in effect until a

new survey is conducted.

Union Average Rate Identifiers

Classification(s) listed under the UAVG identifier indicate

that no single majority rate prevailed for those

classifications; however, 100% of the data reported for the

classifications was union data. EXAMPLE: UAVG-OH-0010

08/29/2014. UAVG indicates that the rate is a weighted union

average rate. OH indicates the state. The next number, 0010 in

the example, is an internal number used in producing the wage

determination. 08/29/2014 indicates the survey completion date

for the classifications and rates under that identifier.

A UAVG rate will be updated once a year, usually in January of

each year, to reflect a weighted average of the current

negotiated/CBA rate of the union locals from which the rate is

based.

----------------------------------------------------------------

WAGE DETERMINATION APPEALS PROCESS

1.) Has there been an initial decision in the matter? This can

be:

* an existing published wage determination

* a survey underlying a wage determination

* a Wage and Hour Division letter setting forth a position on

a wage determination matter

* a conformance (additional classification and rate) ruling

On survey related matters, initial contact, including requests

for summaries of surveys, should be with the Wage and Hour

Regional Office for the area in which the survey was conducted

because those Regional Offices have responsibility for the

Davis-Bacon survey program. If the response from this initial

contact is not satisfactory, then the process described in 2.)

and 3.) should be followed.

With regard to any other matter not yet ripe for the formal

process described here, initial contact should be with the

Branch of Construction Wage Determinations. Write to:

Branch of Construction Wage Determinations

Wage and Hour Division

U.S. Department of Labor

200 Constitution Avenue, N.W.

Washington, DC 20210

2.) If the answer to the question in 1.) is yes, then an

interested party (those affected by the action) can request

review and reconsideration from the Wage and Hour Administrator

(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:

Wage and Hour Administrator

U.S. Department of Labor

200 Constitution Avenue, N.W.

Washington, DC 20210

The request should be accompanied by a full statement of the

interested party's position and by any information (wage

payment data, project description, area practice material,

etc.) that the requestor considers relevant to the issue.

3.) If the decision of the Administrator is not favorable, an

interested party may appeal directly to the Administrative

Review Board (formerly the Wage Appeals Board). Write to:

Administrative Review Board

U.S. Department of Labor

200 Constitution Avenue, N.W.

Washington, DC 20210

4.) All decisions by the Administrative Review Board are final.

================================================================

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ATTACHMENT A

SCHEDULE OF REQUIREMENTS PER LOCATION .................................................................... 2

PHOTOS AND NOTES: Falcetti Towers .......................................................................................... 20

PHOTOS AND NOTES: P.A. Coughlin Apartments ........................................................................ 18

PHOTOS AND NOTES: J.J. Zielinski Apartments .......................................................................... 18

PHOTOS AND NOTES: Beaudry-Boucher Apartments .................................................................. 18

PHOTOS AND NOTES: Rosary Towers .......................................................................................... 12

Site Door Location Description Photos

Falcetti Front Door Keyfob Reader 1A,1B,1C

(see note below)

Falcetti Backdoor Keyfob Reader 2A,2B,2C

(see note below)

Falcetti Left Side Door Add door sensor, Add audible horn 3A,3B,3C

Falcetti Right Side Door Add door sensor, Add audible horn 4A,4B,4C

Falcetti Laundry Room Add Keyfob reader 5A,5B,5C

Falcetti Community Room Add Keyfob reader 6A,6B,6C

Falcetti Lobby Door Add Keyfob reader

Add remote release for receptionist

Update crash bar* refer to photo

7A,7B

Coughlin Front Door Keyfob Reader 8A,8B,8C

Coughlin Left Side Door (Back/Side Door) Add door sensor, Add audible horn 9A,9B,9C

Coughlin Right Side Door (Side Door 1) Add door sensor, Add audible horn 10A,10B,10C

Coughlin Laundry Room Add Keyfob reader 11A,11B,11C

Coughlin Community Room Door 1 Add Keyfob reader 12A,12B,12C

Coughlin Community Room Door 2 Add Keyfob reader 13A,13B,13C

Zielinski Front Door Keyfob Reader 14A,14B,14C

Zielinski Left Side Door Add door sensor, Add audible horn 15A,15B,15C

Zielinski Right Side Door Add door sensor, Add audible horn 16A,16B,16C

Zielinski Laundry Room Add Keyfob reader 17A,17B,17C

Zielinski Community Room Add Keyfob reader 18A,18B,18C

Zielinski Community Room Add Keyfob reader 19A,19B,19C

Beaudry Front Door Keyfob Reader 20A,20B,20C

(see note below)

Beaudry Back Door Add door sensor, Add audible horn 21A,21B,21C

Beaudry Right Side Door Add door sensor, Add audible horn 22A,22B,22C

Beaudry Laundry Room Add Keyfob reader 23A,23B,23C

Beaudry Community Room 1 Add Keyfob reader 24A,24B,24C

Beaudry Community Room 2 Add Keyfob reader 25A,25B,25C

Rosary Left Side Door Add door sensor, Add audible horn 26A,26B,26C

Rosary Right Side Door Add door sensor, Add audible horn 27A,27B,27C

Rosary Laundry Room Add Keyfob reader 28A,28B,28C

Rosary Community Room Add Keyfob reader 29A,29B,29C

Note 1 – The HHA is currently working with a vendor to update three of our entrances. As a result of this new work the

photos for those three doors will likely be inaccurate. The vendor that will be updating the three entrances understands

they will need to work with the vendor awarded this project to coordinate keyfob hardware upgrades. The doors that

are being updated are Falcetti front door (Photos labeled as 1), Falcetti back door (photos labeled as 2) and Beaudry

front door (photos labeled as 20)

Note 2 – Rosary building has already been upgraded to new AMAG door entry controller. The front door and back door

have already had the door readers upgraded to new system. The Rosary site would only need upgrades to side doors,

laundry room, and community room.

Overall focus:

This project will see the complete replacement of the door entry system at four of our building and will include

additional upgrades at a fifth building. The Falcetti, Beaudry, Coughlin, and Zielinski locations would include installation

of new controllers and readers at the front and back doors. The controller and front and back door readers have already

been upgraded at the Rosary Towers location.

All new hardware will need to interface and be incorporated with our existing Symmetry Professional software.

Additional reader licenses for the Symmetry SMS to cover all proposed hardware should be included with proposal.

All five locations will be getting added door entry capabilities at the laundry entrance and the community room

entrances. We will also be adding sensors to side doors and an audible device to encourage those using the side doors

not to keep them open for more than a few seconds.

Front and back doors:

Most of the front and back door already have an existing keyfob system. We are looking to update these doors with

readers for the new system.

For side doors:

We are looking to add proximity sensors that will identify when a door is opened. When the door is opened there

should be an audible alarm to encourage residents to keep the door closed. This alarm should not be so loud that it is an

annoyance to nearby tenant units. It is meant to be a reminder/annoyance to the local area only. Also, if the door is in

an open state for more than X seconds, it should trigger a one-time event in the door entry software.

For laundry and community rooms:

We are looking to add door entry access to these locations. We are looking to add a keyfob reader and if needed update

the door hardware (door strike, crashbar, etc) to support electronic keyfob access. These doors and the entry system

will need to be able to support timed access (the door will unlock at X:00am and then lock at X:00pm) to allow public

access during that time, and also support keyfob access for limited fobs during times assigned to that keyfob.

All doors:

All doors must remain capable of being opened with the master key for that building.

Photo 1A – Falcetti Resident entrance Front door – This is the inner door of the vestibule, has an existing keyfob sensor

and electronic doorstrike release. We are looking to update to new keyfob system.

(Please note that this door in this photo is one of three entrances being updated in the spring of 2021. Upgrading the

door entry hardware at this location will involve coordinating with the vendor of the storefront replacement project on

timeline for upgrades.)

Photo 1B Falcetti Resident entrance front door – inner view

(Please note that this door in this photo is one of three entrances being updated in the spring of 2021. Upgrading the

door entry hardware at this location will involve coordinating with the vendor of the storefront replacement project on

timeline for upgrades.)

Photo 1C Falcetti – Resident entrance front door – existing electronic door strike

(Please note that this door in this photo is one of three entrances being updated in the spring of 2021. Upgrading the

door entry hardware at this location will involve coordinating with the vendor of the storefront replacement project on

timeline for upgrades.)

Photo 2A Falcetti – Resident back door – existing keyfob reader and electronic door strike

(Please note that this door in this photo is one of three entrances being updated in the spring of 2021. Upgrading the

door entry hardware at this location will involve coordinating with the vendor of the storefront replacement project on

timeline for upgrades.)

Photo 2B Falcetti – Resident back door – existing keyfob reader and electronic door strike

(Please note that this door in this photo is one of three entrances being updated in the spring of 2021. Upgrading the

door entry hardware at this location will involve coordinating with the vendor of the storefront replacement project on

timeline for upgrades.)

Photo 2C Falcetti – Resident back door – existing keyfob reader and electronic door strike

(Please note that this door in this photo is one of three entrances being updated in the spring of 2021. Upgrading the

door entry hardware at this location will involve coordinating with the vendor of the storefront replacement project on

timeline for upgrades.)

Photo 3A Falcetti – Side door 1 – Add door proximity sensor and audible alarm.

Photo 3B Falcetti – Side door 1 – Add door proximity sensor and audible alarm

Photo 3C Falcetti – Side door 1 – Add door proximity sensor and audible alarm

Photo 4A Falcetti – Side door 2 – Add door proximity sensor and audible alarm

Photo 4B Falcetti – Side door 2 – Add door proximity sensor and audible alarm

Photo 4C Falcetti – Side door 2 – Add door proximity sensor and audible alarm

Photo 5A Falcetti – Laundry room – this view is from outside of the room, door opens into the laundry room. Looking to

add a keyfob reader, add strikeplate, or update door.

Photo 5B Falcetti – Laundry room, Inside view.

Photo 5C Falcetti – Laundry room, door frame.

Photo 6A Falcetti – Community room, view is from outside of the room. We are looking to add a keyfob reader, add

electronic strikeplate.

Photo 6B Falcetti – Community room, inside view. Door opens out.

Photo 6C Falcetti – Community room, door frame.

Photo 7A Falcetti – Waiting room lobby door. Looking to add keyfob reader, update crashbar (see photo 7B), add

remote release from receptionist. Remote release needs to be a physical button, easy to access, not a software

interface.

Photo 7B Falcetti – Lobby door, door frame and crashbar.

Photo 8A Coughlin – Resident entrance, front door. This photo taken within the vestibule. ‘Outside’ view. This door

has an existing keyfob reader that will need to be updated to new reader.

Photo 8B Coughlin – Resident entrance, front door. Inside view.

Photo 8A Coughlin – Front door – Door strike

Photo 9A Coughlin – Side door 1 – Add door proximity sensor and audible alarm

Photo 9B Coughlin – Side door 1 – Add door proximity sensor and audible alarm

Photo 9C Coughlin – Side door 1 – Add door proximity sensor and audible alarm

Photo 10A Coughlin – Side door 1 – Inside view – Add door proximity sensor and audible alarm

Photo 10B Coughlin – Side door 1 – Add door proximity sensor and audible alarm

Photo 10C Coughlin – Side door 1 – Add door proximity sensor and audible alarm

Photo 11A Coughlin – Laundry Room – View outside room, door opens into room. Add Keyfob reader, add electronic

strike plate.

Photo 11B Coughlin – Laundry Room - Door frame

Photo 11C Coughlin – Laundry Room - View from inside of room

Photo 12A Coughlin – Community Room door 1 – View from outside of room, door opens out. Add Keyfob reader, add

electronic strike.

Photo 12B Coughlin – Community Room door 1 – View from inside of room, door opens out

Photo 12C Coughlin – Community Room door 1 – View of doorframe

Photo 13A Coughlin – Community Room door 2 – View from outside of room, door opens out. Add Keyfob reader, add

electronic strike.

Photo 13B Coughlin – Community Room door 2 – View from inside of room, door opens out.

Photo 13C Coughlin – Community Room door 2 – View of door frame.

Photo 14A Zielinski –Front door – View from vestibule, ‘outside’ view, door opens out. Existing keyfob reader is

present, will need to update to new Keyfob reader.

Photo 14B Zielinski –Front door – View of door strike.

Photo 14C Zielinski – Front door – View from inside, door opens out.

Photo 15A Zielinski – Side door 1 – Add door proximity sensor and audible alarm

Photo 15B Zielinski – Side door 1 – Add door proximity sensor and audible alarm

Photo 15C Zielinski – Side door 1 – door frame

Photo 16A Zielinski – Side door 2 – Add door proximity sensor and audible alarm

Photo 16B Zielinski – Side door 2 – Add door proximity sensor and audible alarm

Photo 16C Zielinski – Side door 2 – Add door proximity sensor and audible alarm

Photo 17A Zielinski –Laundry door – View from outside of the room, door opens out.

Photo 17B Zielinski –Laundry door – View from inside hallway of the laundry room, door opens out.

Photo 17C Zielinski –Laundry door – View of door frame.

Photo 18A Zielinski –Community room door – View from outside of the room, door opens out. Add keyfob reader, add

electronic strike plate.

Photo 18B Zielinski –Community room door – View of door frame

Photo 18c Zielinski –Community room door – View from inside of the room, door opens out.

Photo 19A Zielinski –Community room door 2 – View from outside of the room, door opens out. Add keyfob reader,

add electronic strike plate.

Photo 19B Zielinski –Community room door 2 – View from inside of the room, door opens out.

Photo 19C Zielinski –Community room door 2 – View of door frame.

Photo 20A Beaudry –Front door – View from vestibule, ‘outside’ view, door opens out. Existing keyfob reader is

present, will need to update to new Keyfob reader.

(Please note that this door in this photo is one of three entrances being updated in the spring of 2021. Upgrading the

door entry hardware at this location will involve coordinating with the vendor of the storefront replacement project on

timeline for upgrades.) (The keyfob hardware will be moved from this inner door to the outer door at this location.

The door entry reader will need to be weatherproof at this location as it will likely be exposed to the weather.)

Photo 20B Beaudry –Front door – Inside view, door opens out.

(Please note that this door in this photo is one of three entrances being updated in the spring of 2021. Upgrading the

door entry hardware at this location will involve coordinating with the vendor of the storefront replacement project on

timeline for upgrades.) (The keyfob hardware will be moved from this inner door to the outer door at this location.

The door entry reader will need to be weatherproof at this location as it will likely be exposed to the weather.)

Photo 20C Beaudry –Front door – View from vestibule, ‘outside’ view, door opens out.

(Please note that this door in this photo is one of three entrances being updated in the spring of 2021. Upgrading the

door entry hardware at this location will involve coordinating with the vendor of the storefront replacement project on

timeline for upgrades.) (The keyfob hardware will be moved from this inner door to the outer door at this location.

The door entry reader will need to be weatherproof at this location as it will likely be exposed to the weather.)

Photo 21A Beaudry – Side door 1 (Back door) – this door does not currently have a door entry reader, we are looking to

add one to give tenants a second option to enter the building.

Photo 21B Beaudry – Side door 1 (Back door) – Add keyfob reader and Door strike

(please note the paper in this photo is not correct, we are not looking for a proximite sensor/door alarm)

Photo 21C Beaudry – Side door 1 (Back door) – Outside view, door opens out. Add keyfob reader, door strike.

Photo 22A Beaudry – Side door 2 – outside view, door opens out. Add door proximity sensor and audible alarm

Photo 22B Beaudry – Side door 1 – Add door proximity sensor and audible alarm

Photo 22C Beaudry – Side door 1 – Add door proximity sensor and audible alarm

Photo 23A Beaudry – Laundry room door – View from outside of room, door opens in. Add keyfob reader, add

electronic strike.

Photo 23B Beaudry – Laundry room door – View from inside of room, door opens in.

Photo 23A

Photo 23C Beaudry – Laundry room door –Door strike.

Photo 24A Beaudry – Community room door 1– View from outside of room, door opens out. Add keyfob reader, add

electronice strike.

Photo 24B Beaudry – Community room door 1– Door strike.

Photo 24C Beaudry – Community room door 1 – View from inside of room, door opens out.

Photo 25A Beaudry – Community room door 2 – View from outside of room, door opens out. Add keyfob reader and

electronice door strike.

Photo 25B Beaudry – Community room door 2 – View from inside of room, door opens out.

Photo 25C Beaudry – Community room door 2 – Door strike.

Photo 26A Rosary – Side door 1 – Add door proximity sensor and audible alarm

Photo 26B Rosary – Side door 1 – Add door proximity sensor and audible alarm

Photo 26C Rosary – Side door 1 – Strike plate

Photo 27A Rosary – Side door 2 – Add door proximity sensor and audible alarm

Photo 27B Rosary – Side door 2 – Strike Plate

Photo 27C Rosary – Side door 2 – Outside view

Photo 28A Rosary – Laundry room door – View from outside of room, door opens in. Add keyfob reader, add electronic

strike.

Photo 28B Rosary – Laundry room door – Door strike.

Photo 28C Rosary – Laundry room door – View from inside of room, door opens in.

Photo 29A Rosary – Community room door – View from outside of room, door opens out. Add keyfob reader and

electronic door strike.

Photo 29B Rosary – Community room door – Door strike.

Photo 29C Rosary – Community room door – View from inside of room, door opens out.