Radon Mitigation Systems Project Manual

PROJECT MANUAL RADON MITIGATION SYSTEMS February 26, 2024 Amended: March 21, 2024 THE HOUSING AUTHORITY OF LEBANON COUNTY P.O. Box 420 LEBANON, PA 17042 Phone: 717-274-1401 TDD: 800-545-1833 ext 826 Email: info@lebanoncountyhousing.com LEBANON COUNTY HOUSING AUTHORITY RADON MITIGATION SYSTEMS LEBANON, PA TABLE OF CONTENTS The following Table of Contents is included for reference only, and is not a part of the Specifications. The Authority does not guarantee the accuracy of the Table of Contents or the inclusion and exclusion of any category of the work. In case of a discrepancy between the Table of Contents and the documents herein, the bound documents shall govern. Registration Form Invitation for Bids Instructions to Bidders Supplemental Instructions to Bidders *Representations, Certifications and Other Statements of Bidders (HUD 5369A) Form (Pages 13, 14, 16, 17 and 18) *Form of Bid *Bid Bond *Form of Non-Collusive

Affidavit Statement of Bidders Qualifications (only submit if requested by the Authority) Previous Participation Certification (only submit if requested by the Authority) Form of Agreement (sample do not submit with bid) General Conditions (HUD 5370) Anti-Pollution Legislation Stipulation against Liens Performance Bond Payment Bond Wage Rates Section 3 Technical Specifications *NOTE – Documents in bold print must be completed and returned with the bid STOP EXTREMELY IMPORTANT Before proceeding further you MUST complete this form and return it via email to the Housing Authority at the email address listed below. ALL vendors who obtain the Radon Mitigation Systems Solicitation MUST register with the Authority. IF YOU DO NOT COMPLETE THIS FORM AND RETURN IT TO THE AUTHORITY YOUR BID WILL NOT BE CONSIDERED. Company Name: _________________________________________________________ Company Address: ______________________________________________________ ______________________________________________________________________ Contact Name: __________________________________________________________ Contact Telephone: ______________________Contact Fax: _____________________ Contact Email: __________________________________________________________ Return this form to Ms. Kristin Kuhns by email to: kkuhns@bps-pa.com Once this form is received by the Authority you will be added to the list of firms who have received the bid and who are authorized to submit a bid for this solicitation. You will receive a return email from the Authority acknowledging receipt of you registration. If you have any questions please contact the Authority staff member referenced in the solicitation. FOR AUTHORITY USE ONLY The Authority hereby acknowledges receipt of your registration for the above referenced solicitation. Received by the Authority by: _______________________________________________ Date Received: _________________________________________________________ mailto:kkuhns@bps-pa.com INVITATION FOR BIDS The Housing Authority of the County of Lebanon will receive sealed bids for installation of radon mitigation systems of up to one hundred forty units at the Authority’s family unit developments, located in the county of Lebanon, PA. Work will include, but is not limited to installation of radon mitigation systems and assessment to ensure proper working order of said units. Sealed bids will be accepted at the Authority’s administrative offices, 137 West Penn Avenue, Cleona, PA until 2:00 PM prevailing time, on Wednesday, April 3, 2024. All bids will be publicly opened and read immediately thereafter. Proposed forms of contract documents, including plans and specifications may be obtained in electronic PDF format on the Authority’s website – http://www.lebanoncountyhousing.com. Bidders obtaining the file must register their possession by completing and returning the registration form provided in the bid documents. Bid Security in the amount of ten percent (10%) of the base bid, is required with all bids in the form of a certified check or bank draft, payable to the Housing Authority of the County of Lebanon, U.S. Government Bonds, or a bid bond executed by the bidder and security company in the form as enclosed with the bid documents. The successful bidder will be required to furnish and pay for satisfactory performance and payment bond or bonds. Attention is called to the provisions for equal employment opportunity and payment of not less than the prevailing salaries and wages as set forth in these specifications. The Housing Authority of the County of Lebanon reserves the right to reject any or all bids or to waive any informality in the bidding for up to sixty (60) days. No bid shall be withdrawn for a period of sixty (60) days subsequent to the opening of bids without the consent of the Housing Authority of the County of Lebanon. Questions referring to this bid shall be directed to David Fitzkee, Chief Logistics and Information Officer @ 717-274-1401, ext. 102 or by email at dfitzkee@bps-pa.com. Prospective bidders are encouraged to visit the project site prior to submission of their bid. Site visits may be arranged by contacting Mr. Fitzkee. Karen Raugh, Executive Director http://www.lebanoncountyhousing.com/ mailto:dfitzkee@bps-pa.com Previous edition is obsolete form HUD-5369 (10/2002) Instructions to Bidders for Contracts Public and Indian Housing Programs U.S. Department of Housing and Urban Development Office of Public and Indian Housing Previous edition is obsolete form HUD-5369 (10/2002) Instructions to Bidders for Contracts Public and Indian Housing Programs Table of Contents Clause Page 1. Bid Preparation and Submission 1 2. Explanations and Interpretations to Prospective Bidders 1 3. Amendments to Invitations for Bids 1 4. Responsibility of Prospective Contractor 1 5. Late Submissions, Modifications, and Withdrawal of Bids 1 6. Bid Opening 2 7. Service of Protest 2 8. Contract Award 2 9. Bid Guarantee 3 10. Assurance of Completion 3 11. Preconstruction Conference 3 12. Indian Preference Requirements 3 1. Bid Preparation and Submission (a) Bidders are expected to examine the specifications, drawings, all instructions, and, if applicable, the construction site (see also the contract clause entitled Site Investigation and Conditions Affect- ing the Work of the General Conditions of the Contract for Construc- tion). Failure to do so will be at the bidders’ risk. (b) All bids must be submitted on the forms provided by the Public Housing Agency/Indian Housing Authority (PHA/IHA). Bidders shall furnish all the information required by the solicitation. Bids must be signed and the bidder’s name typed or printed on the bid sheet and each continuation sheet which requires the entry of information by the bidder. Erasures or other changes must be initialed by the person signing the bid. Bids signed by an agent shall be accompanied by evidence of that agent’s authority. (Bidders should retain a copy of their bid for their records.) (c) Bidders must submit as part of their bid a completed form HUD- 5369-A, “Representations, Certifications, and Other Statements of Bidders.” (d) All bid documents shall be sealed in an envelope which shall be clearly marked with the words “Bid Documents,” the Invitation for Bids (IFB) number, any project or other identifying number, the bidder’s name, and the date and time for receipt of bids. (e) If this solicitation requires bidding on all items, failure to do so will disqualify the bid. If bidding on all items is not required, bidders should insert the words “No Bid” in the space provided for any item on which no price is submitted. (f) Unless expressly authorized elsewhere in this solicitation, alter- nate bids will not be considered. (g) Unless expressly authorized elsewhere in this solicitation, bids submitted by telegraph or facsimile (fax) machines will not be considered. (h) If the proposed contract is for a Mutual Help project (as de- scribed in 24 CFR Part 905, Subpart E) that involves Mutual Help contributions of work, material, or equipment, supplemental informa- tion regarding the bid advertisement is provided as an attachment to this solicitation. 2. Explanations and Interpretations to Prospective Bidders (a) Any prospective bidder desiring an explanation or interpretation of the solicitation, specifications, drawings, etc., must request it at least 7 days before the scheduled time for bid opening. Requests may be oral or written. Oral requests must be confirmed in writing. The only oral clarifications that will be provided will be those clearly related to solicitation procedures, i.e., not substantive technical information. No other oral explanation or interpretation will be provided. Any information given a prospective bidder concerning this solicitation will be furnished promptly to all other prospective bidders as a written amendment to the solicitation, if that information is necessary in submitting bids, or if the lack of it would be prejudicial to other prospective bidders. (b) Any information obtained by, or provided to, a bidder other than by formal amendment to the solicitation shall not constitute a change to the solicitation. 3. Amendments to Invitations for Bids (a) If this solicitation is amended, then all terms and conditions which are not modified remain unchanged. (b) Bidders shall acknowledge receipt of any amendment to this solicitation (1) by signing and returning the amendment, (2) by identifying the amendment number and date on the bid form, or (3) by letter, telegram, or facsimile, if those methods are authorized in the solicitation. The PHA/IHA must receive acknowledgement by the time and at the place specified for receipt of bids. Bids which fail to acknowledge the bidder’s receipt of any amendment will result in the rejection of the bid if the amendment(s) contained information which substantively changed the PHA’s/IHA’s requirements. (c) Amendments will be on file in the offices of the PHA/IHA and the Architect at least 7 days before bid opening. 4. Responsibility of Prospective Contractor (a) The PHA/IHA will award contracts only to responsible prospec- tive contractors who have the ability to perform successfully under the terms and conditions of the proposed contract. In determining the responsibility of a bidder, the PHA/IHA will consider such matters as the bidder’s: (1) Integrity; (2) Compliance with public policy; (3) Record of past performance; and (4) Financial and technical resources (including construction and technical equipment). (b) Before a bid is considered for award, the bidder may be re- quested by the PHA/IHA to submit a statement or other documenta- tion regarding any of the items in paragraph (a) above. Failure by the bidder to provide such additional information shall render the bidder nonresponsible and ineligible for award. Page 1 of 4 Previous edition is obsolete form HUD-5369 (10/2002) 5. Late Submissions, Modifications, and Withdrawal of Bids (a) Any bid received at the place designated in the solicitation after the exact time specified for receipt will not be considered unless it is received before award is made and it: (1) Was sent by registered or certified mail not later than the fifth calendar day before the date specified for receipt of offers (e.g., an offer submitted in response to a solicitation requiring receipt of offers by the 20th of the month must have been mailed by the 15th); (2) Was sent by mail, or if authorized by the solicitation, was sent by telegram or via facsimile, and it is determined by the PHA/IHA that the late receipt was due solely to mishandling by the PHA/IHA after receipt at the PHA/IHA; or (3) Was sent by U.S. Postal Service Express Mail Next Day Service - Post Office to Addressee, not later than 5:00 p.m. at the place of mailing two working days prior to the date specified for receipt of proposals. The term “working days” excludes weekends and observed holidays. (b) Any modification or withdrawal of a bid is subject to the same conditions as in paragraph (a) of this provision. (c) The only acceptable evidence to establish the date of mailing of a late bid, modification, or withdrawal sent either by registered or certified mail is the U.S. or Canadian Postal Service postmark both on the envelope or wrapper and on the original receipt from the U.S. or Canadian Postal Service. Both postmarks must show a legible date or the bid, modification, or withdrawal shall be processed as if mailed late. “Postmark” means a printed, stamped, or otherwise placed impression (exclusive of a postage meter machine impres- sion) that is readily identifiable without further action as having been supplied and affixed by employees of the U.S. or Canadian Postal Service on the date of mailing. Therefore, bidders should request the postal clerk to place a hand cancellation bull’s-eye postmark on both the receipt and the envelope or wrapper. (d) The only acceptable evidence to establish the time of receipt at the PHA/IHA is the time/date stamp of PHA/IHA on the proposal wrapper or other documentary evidence of receipt maintained by the PHA/IHA. (e) The only acceptable evidence to establish the date of mailing of a late bid, modification, or withdrawal sent by Express Mail Next Day Service-Post Office to Addressee is the date entered by the post office receiving clerk on the “Express Mail Next Day Service-Post Office to Addressee” label and the postmark on both the envelope or wrapper and on the original receipt from the U.S. Postal Service. “Postmark” has the same meaning as defined in paragraph (c) of this provision, excluding postmarks of the Canadian Postal Service. Therefore, bidders should request the postal clerk to place a legible hand cancellation bull’s eye postmark on both the receipt and Failure by a bidder to acknowledge receipt of the envelope or wrapper. (f) Notwithstanding paragraph (a) of this provision, a late modifica- tion of an otherwise successful bid that makes its terms more favorable to the PHA/IHA will be considered at any time it is received and may be accepted. (g) Bids may be withdrawn by written notice, or if authorized by this solicitation, by telegram (including mailgram) or facsimile machine transmission received at any time before the exact time set for opening of bids; provided that written confirmation of telegraphic or facsimile withdrawals over the signature of the bidder is mailed and postmarked prior to the specified bid opening time. A bid may be withdrawn in person by a bidder or its authorized representative if, before the exact time set for opening of bids, the identity of the person requesting withdrawal is established and the person signs a receipt for the bid. 6. Bid Opening All bids received by the date and time of receipt specified in the solicitation will be publicly opened and read. The time and place of opening will be as specified in the solicitation. Bidders and other interested persons may be present. 7. Service of Protest (a) Definitions. As used in this provision: “Interested party” means an actual or prospective bidder whose direct economic interest would be affected by the award of the contract. “Protest” means a written objection by an interested party to this solicitation or to a proposed or actual award of a contract pursuant to this solicitation. (b) Protests shall be served on the Contracting Officer by obtaining written and dated acknowledgement from — [Contracting Officer designate the official or location where a protest may be served on the Contracting Officer] (c) All protests shall be resolved in accordance with the PHA’s/ IHA’s protest policy and procedures, copies of which are maintained at the PHA/IHA. 8. Contract Award (a) The PHA/IHA will evaluate bids in response to this solicitation without discussions and will award a contract to the responsible bidder whose bid, conforming to the solicitation, will be most advan- tageous to the PHA/IHA considering only price and any price-related factors specified in the solicitation. (b) If the apparent low bid received in response to this solicitation exceeds the PHA’s/IHA’s available funding for the proposed contract work, the PHA/IHA may either accept separately priced items (see 8(e) below) or use the following procedure to determine contract award. The PHA/IHA shall apply in turn to each bid (proceeding in order from the apparent low bid to the high bid) each of the separately priced bid deductible items, if any, in their priority order set forth in this solicitation. If upon the application of the first deductible item to all initial bids, a new low bid is within the PHA’s/IHA’s available funding, then award shall be made to that bidder. If no bid is within the available funding amount, then the PHA/IHA shall apply the second deductible item. The PHA/IHA shall continue this process until an evaluated low bid, if any, is within the PHA’s/IHA’s available funding. If upon the application of all deductibles, no bid is within the PHA’s/IHA’s available funding, or if the solicitation does not request separately priced deductibles, the PHA/IHA shall follow its written policy and procedures in making any award under this solicitation. (c) In the case of tie low bids, award shall be made in accordance with the PHA’s/IHA’s written policy and procedures. (d) The PHA/IHA may reject any and all bids, accept other than the lowest bid (e.g., the apparent low bid is unreasonably low), and waive informalities or minor irregularities in bids received, in accordance with the PHA’s/IHA’s written policy and procedures. Page 2 of 4 Previous edition is obsolete form HUD-5369 (10/2002) (e) Unless precluded elsewhere in the solicitation, the PHA/IHA may accept any item or combination of items bid. (f) The PHA/IHA may reject any bid as nonresponsive if it is materially unbalanced as to the prices for the various items of work to be performed. A bid is materially unbalanced when it is based on prices significantly less than cost for some work and prices which are significantly overstated for other work. (g) A written award shall be furnished to the successful bidder within the period for acceptance specified in the bid and shall result in a binding contract without further action by either party. 9. Bid Guarantee (applicable to construction and equip- ment contracts exceeding $25,000) All bids must be accompanied by a negotiable bid guarantee which shall not be less than five percent (5%) of the amount of the bid. The bid guarantee may be a certified check, bank draft, U.S. Government Bonds at par value, or a bid bond secured by a surety company acceptable to the U.S. Government and authorized to do business in the state where the work is to be performed. In the case where the work under the contract will be performed on an Indian reservation area, the bid guarantee may also be an irrevocable Letter of Credit (see provision 10, Assurance of Completion, below). Certified checks and bank drafts must be made payable to the order of the PHA/IHA. The bid guarantee shall insure the execution of the contract and the furnishing of a method of assurance of completion by the successful bidder as required by the solicitation. Failure to submit a bid guarantee with the bid shall result in the rejection of the bid. Bid guarantees submitted by unsuccessful bidders will be returned as soon as practicable after bid opening. 10. Assurance of Completion (a) Unless otherwise provided in State law, the successful bidder shall furnish an assurance of completion prior to the execution of any contract under this solicitation. This assurance may be [Contracting Officer check applicable items] — [ ] (1) a performance and payment bond in a penal sum of 100 percent of the contract price; or, as may be required or permitted by State law; [ ] (2) separate performance and payment bonds, each for 50 percent or more of the contract price; [ ] (3) a 20 percent cash escrow; [ ] (4) a 25 percent irrevocable letter of credit; or, [ ] (5) an irrevocable letter of credit for 10 percent of the total contract price with a monitoring and disbursements agreement with the IHA (applicable only to contracts awarded by an IHA under the Indian Housing Program). (b) Bonds must be obtained from guarantee or surety companies acceptable to the U.S. Government and authorized to do business in the state where the work is to be performed. Individual sureties will not be considered. U.S. Treasury Circular Number 570, published annually in the Federal Register, lists companies approved to act as sureties on bonds securing Government contracts, the maximum underwriting limits on each contract bonded, and the States in which the company is licensed to do business. Use of companies listed in this circular is mandatory. Copies of the circular may be downloaded on the U.S. Department of Treasury website http:// www.fms.treas.gov/c570/index.html, or ordered for a minimum fee by contacting the Government Printing Office at (202) 512-2168. (c) Each bond shall clearly state the rate of premium and the total amount of premium charged. The current power of attorney for the person who signs for the surety company must be attached to the bond. The effective date of the power of attorney shall not precede the date of the bond. The effective date of the bond shall be on or after the execution date of the contract. (d) Failure by the successful bidder to obtain the required assur- ance of completion within the time specified, or within such extended period as the PHA/IHA may grant based upon reasons determined adequate by the PHA/IHA, shall render the bidder ineligible for award. The PHA/IHA may then either award the contract to the next lowest responsible bidder or solicit new bids. The PHA/IHA may retain the ineligible bidder’s bid guarantee. 11. Preconstruction Conference (applicable to construction contracts) After award of a contract under this solicitation and prior to the start of work, the successful bidder will be required to attend a preconstruction conference with representatives of the PHA/IHA and its architect/engineer, and other interested parties convened by the PHA/IHA. The conference will serve to acquaint the participants with the general plan of the construction operation and all other require- ments of the contract (e.g., Equal Employment Opportunity, Labor Standards). The PHA/IHA will provide the successful bidder with the date, time, and place of the conference. 12. Indian Preference Requirements (applicable only if this solicitation is for a contract to be performed on a project for an Indian Housing Authority) (a) HUD has determined that the contract awarded under this solicitation is subject to the requirements of section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e(b)). Section 7(b) requires that any contract or subcontract entered into for the benefit of Indians shall require that, to the greatest extent feasible (1) Preferences and opportunities for training and employment (other than core crew positions; see paragraph (h) below) in connec- tion with the administration of such contracts or subcontracts be given to qualified “Indians.” The Act defines “Indians” to mean persons who are members of an Indian tribe and defines “Indian tribe” to mean any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act, which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians; and, (2) Preference in the award of contracts or subcontracts in connection with the administration of contracts be given to Indian organizations and to Indian-owned economic enterprises, as de- fined in section 3 of the Indian Financing Act of 1974 (25 U.S.C. 1452). That Act defines “economic enterprise” to mean any Indian- owned commercial, industrial, or business activity established or organized for the purpose of profit, except that the Indian ownership must constitute not less than 51 percent of the enterprise; “Indian organization” to mean the governing body of any Indian tribe or entity established or recognized by such governing body; “Indian” to mean any person who is a member of any tribe, band, group, pueblo, or community which is recognized by the Federal Government as eligible for services from the Bureau of Indian Affairs and any “Native” as defined in the Alaska Native Claims Settlement Act; and Indian “tribe” to mean any Indian tribe, band, group, pueblo, or community including Native villages and Native groups (including Page 3 of 4 Previous edition is obsolete form HUD-5369 (10/2002) corporations organized by Kenai, Juneau, Sitka, and Kodiak) as defined in the Alaska Native Claims Settlement Act, which is recog- nized by the Federal Government as eligible for services from the Bureau of Indian Affairs. (b) (1) The successful Contractor under this solicitation shall com- ply with the requirements of this provision in awarding all subcon- tracts under the contract and in providing training and employment opportunities. (2) A finding by the IHA that the contractor, either (i) awarded a subcontract without using the procedure required by the IHA, (ii) falsely represented that subcontracts would be awarded to Indian enterprises or organizations; or, (iii) failed to comply with the contractor’s employment and training preference bid statement shall be grounds for termination of the contract or for the assessment of penalties or other remedies. (c) If specified elsewhere in this solicitation, the IHA may restrict the solicitation to qualified Indian-owned enterprises and Indian organi- zations. If two or more (or a greater number as specified elsewhere in the solicitation) qualified Indian-owned enterprises or organiza- tions submit responsive bids, award shall be made to the qualified enterprise or organization with the lowest responsive bid. If fewer than the minimum required number of qualified Indian-owned enter- prises or organizations submit responsive bids, the IHA shall reject all bids and readvertise the solicitation in accordance with paragraph (d) below. (d) If the IHA prefers not to restrict the solicitation as described in paragraph (c) above, or if after having restricted a solicitation an insufficient number of qualified Indian enterprises or organizations submit bids, the IHA may advertise for bids from non-Indian as well as Indian-owned enterprises and Indian organizations. Award shall be made to the qualified Indian enterprise or organization with the lowest responsive bid if that bid is - (1) Within the maximum HUD-approved budget amount estab- lished for the specific project or activity for which bids are being solicited; and (2) No more than the percentage specified in 24 CFR 905.175(c) higher than the total bid price of the lowest responsive bid from any qualified bidder. If no responsive bid by a qualified Indian-owned economic enterprise or organization is within the stated range of the total bid price of the lowest responsive bid from any qualified enterprise, award shall be made to the bidder with the lowest bid. (e) Bidders seeking to qualify for preference in contracting or subcontracting shall submit proof of Indian ownership with their bids. Proof of Indian ownership shall include but not be limited to: (1) Certification by a tribe or other evidence that the bidder is an Indian. The IHA shall accept the certification of a tribe that an individual is a member. (2) Evidence such as stock ownership, structure, manage- ment, control, financing and salary or profit sharing arrangements of the enterprise. (f) (1) All bidders must submit with their bids a statement describ- ing how they will provide Indian preference in the award of subcon- tracts. The specific requirements of that statement and the factors to used by the IHA in determining the statement’s adequacy are included as an attachment to this solicitation. Any bid that fails to include the required statement shall be rejected as nonresponsive. The IHA may require that comparable statements be provided by subcontractors to the successful Contractor, and may require the Contractor to reject any bid or proposal by a subcontractor that fails to include the statement. (2) Bidders and prospective subcontractors shall submit a certification (supported by credible evidence) to the IHA in any instance where the bidder or subcontractor believes it is infeasible to provide Indian preference in subcontracting. The acceptance or rejection by the IHA of the certification shall be final. Rejection shall disqualify the bid from further consideration. (g) All bidders must submit with their bids a statement detailing their employment and training opportunities and their plans to provide preference to Indians in implementing the contract; and the number or percentage of Indians anticipated to be employed and trained. Comparable statements from all proposed subcontractors must be submitted. The criteria to be used by the IHA in determining the statement(s)’s adequacy are included as an attachment to this solicitation. Any bid that fails to include the required statement(s), or that includes a statement that does not meet minimum standards required by the IHA shall be rejected as nonresponsive. (h) Core crew employees. A core crew employee is an individual who is a bona fide employee of the contractor at the time the bid is submitted; or an individual who was not employed by the bidder at the time the bid was submitted, but who is regularly employed by the bidder in a supervisory or other key skilled position when work is available. Bidders shall submit with their bids a list of all core crew employees. (i) Preference in contracting, subcontracting, employment, and training shall apply not only on-site, on the reservation, or within the IHA’s jurisdiction, but also to contracts with firms that operate outside these areas (e.g., employment in modular or manufactured housing construction facilities). (j) Bidders should contact the IHA to determine if any additional local preference requirements are applicable to this solicitation. (k) The IHA [ ] does [ ] does not [Contracting Officer check applicable box] maintain lists of Indian-owned economic enterprises and Indian organizations by specialty (e.g., plumbing, electrical, foundations), which are available to bidders to assist them in meeting their responsibility to provide preference in connection with the administration of contracts and subcontracts. Page 4 of 4 HOUSING AUTHORITY OF THE COUNTY OF LEBANON Supplemental Instructions to Bidders Site Inspection: Work under this project shall consist of installation of 142 radon mitigation systems at the following locations: • Webster Manor (49 systems) • Cedar Court (41 systems) • Meily Street (4 systems) • Steckbeck Street (2 system) • Lafayette Street (10 systems) • Weidman Street (7 systems) • Federal Street (18 systems) • Cherry Street (8 systems) • Center Street (1 system) • South Eleventh Street (2 systems) Prospective Bidders are encouraged to observe conditions on-site prior to bidding. Arrangements to visit these buildings can be made by contacting Mr. David Fitzkee, 717-274-1401 x 102 or by email: dfitzkee@bps-pa.com Insurance: The successful bidder shall furnish to HACL proof of Comprehensive General Liability Insurance with bodily injury and property damage coverage in the minimum required amount of $1,000,000 per occurrence and $3,000,000 aggregate. Contractor shall also provide proof of Worker’s Compensation Coverage. Said proofs of insurance coverage must be on file with the Authority before work is begun. Completion: Successful bidder shall complete the work contracted for within one hundred eighty (180) days of being issued a Notice to Proceed. Failure to complete work on schedule will result in a liquidated damages penalty of $100.00 per day. Bid Bond and Non-Collusion Affidavit: Contractor, as part of his bid submission, shall submit bid bond in the amount of not less than ten percent (10%) of the bid amounts. Contractor shall also submit with his bid submission a completed Non-Collusion Affidavit form. Bid bond and Affidavit forms are included herein. Payment: Unless other mutually satisfactory arrangements are made in advance, payment will be issued to the contractor upon satisfactory completion of the work and submission of billing invoices from said contractor. Progress payments may be negotiated. Permits, Local Codes, Inspections: The Contractor shall procure and pay for all necessary building permits and special services of all local authorities and all inspections as required by these Specifications, including fees, taxes, and demolition permits, tap fees and business permits. Contractor is responsible for contacting all necessary agencies and authorities to ascertain these fees. Responsibility of Area of Construction Work: Each Prime Contractor shall assume responsibility for the general charge of the areas where construction operations are being performed. Each Prime Contractor shall provide and maintain adequate protection to prevent unauthorized persons from entering the construction area. It shall be the responsibility of each Prime Contractor to coordinate the work of all Sub-Contractors and be in charge of designated portions of the project. The Prime Contractor and each sub-contractor shall protect and be responsible for any damage to his work or material and shall make good, without costs to the Authority, any damage or loss that may occur, unless particularly otherwise stipulated in the Contract. The Prime Contractor and each sub-contractor shall be responsible for the proper care and protection of all of his materials etc., as may be stored on the premises subject to the approval of the Authority. When any space on the site is used as a shop or storeroom, the one making use of such room will be held responsible for any repairs, patching or cleaning arising from such use. Damage incurred to any existing surface conditions, facilities, etc. and any underground pipes, wires, utilities, etc. shall be repaired and/or replaced to its’ original condition by this Contract at no additional cost to the Authority. Final Inspection: Will be conducted by the Authority’s Representative along with the Contractor. This Contractor shall assist in final inspection, making available any ladders, tools, lights, etc. necessary to conduct the final inspection along with any test data or special testing required by the Authority or Code Requirements. Warranties: This Contractor shall guarantee and warrant all materials and workmanship for a period of one (1) year unless superseded by a longer warranty and guarantee issued by the particular manufacturer. All warranties and guarantees shall be issued in the name of the Authority and presented to the Authority’s Representative at the final inspection. Punch List: When the Contractor determines that his work is SUBSTANTIALLY COMPLETE, he shall submit to the Authority a written list in duplicate of all items to be completed, repaired or corrected. Upon receipt of this list, the Authority and the Contractor will inspect the work together, as outlined previously, and make out the Punch List. This will used in determining final completion. Definition: Anywhere in this project manual where “Owner” is referenced shall mean “Housing Authority”. Wage Rates: Davis Bacon wage rates will apply to this project. Minimum wage rates are provided with this bid package. Further Information: Questions concerning this request for quotes shall be referred to David Fitzkee @ 717-274-1401 ext 102, dfitzkee@bps-pa.com. mailto:dfitzkee@bps-pa.com form HUD-5369-A (11/92)Previous edition is obsolete Representations, Certifications, and Other Statements of Bidders Public and Indian Housing Programs U.S. Department of Housing and Urban Development Office of Public and Indian Housing form HUD-5369-A (11/92)Previous edition is obsolete Representations, Certifications, and Other Statements of Bidders Public and Indian Housing Programs Table of Contents Clause Page 1. Certificate of Independent Price Determination 1 2. Contingent Fee Representation and Agreement 1 3. Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions 1 4. Organizational Conflicts of Interest Certification 2 5. Bidder's Certification of Eligibility 2 6. Minimum Bid Acceptance Period 2 7. Small, Minority, Women-Owned Business Concern Representation 2 8. Indian-Owned Economic Enterprise and Indian Organization Representation 2 9. Certification of Eligibility Under the Davis-Bacon Act 3 10. Certification of Nonsegregated Facilities 3 11. Clean Air and Water Certification 3 12. Previous Participation Certificate 3 13. Bidder's Signature 3 1. Certificate of Independent Price Determination (a) The bidder certifies that-- (1) The prices in this bid have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other bidder or competitor relating to (i) those prices, (ii) the intention to submit a bid, or (iii) the methods or factors used to calculate the prices offered; (2) The prices in this bid have not been and will not be knowingly disclosed by the bidder, directly or indirectly, to any other bidder or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a competitive proposal solicitation) unless otherwise required by law; and (3) No attempt has been made or will be made by the bidder to induce any other concern to submit or not to submit a bid for the purpose of restricting competition. (b) Each signature on the bid is considered to be a certification by the signatory that the signatory-- (1) Is the person in the bidder's organization responsible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to subparagraphs (a)(l) through (a)(3) above; or (2) (i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs (a)(l) through (a)(3) above. _______________________________________________ [insert full name of person(s) in the bidder's organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the bidder's organization]; (ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) above have not participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) above; and (iii) As an agent, has not personally participated, and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) above. (c) If the bidder deletes or modifies subparagraph (a)2 above, the bidder must furnish with its bid a signed statement setting forth in detail the circumstances of the disclosure. [ ] [Contracting Officer check if following paragraph is applicable] (d) Non-collusive affidavit. (applicable to contracts for construction and equipment exceeding $50,000) (1) Each bidder shall execute, in the form provided by the PHA/ IHA, an affidavit to the effect that he/she has not colluded with any other person, firm or corporation in regard to any bid submitted in response to this solicitation. If the successful bidder did not submit the affidavit with his/her bid, he/she must submit it within three (3) working days of bid opening. Failure to submit the affidavit by that date may render the bid nonresponsive. No contract award will be made without a properly executed affidavit. (2) A fully executed "Non-collusive Affidavit" [ ] is, [ ] is not included with the bid. 2. Contingent Fee Representation and Agreement (a) Definitions. As used in this provision: "Bona fide employee" means a person, employed by a bidder and subject to the bidder's supervision and control as to time, place, and manner of performance, who neither exerts, nor proposes to exert improper influence to solicit or obtain contracts nor holds out as being able to obtain any contract(s) through improper influence. "Improper influence" means any influence that induces or tends to induce a PHA/IHA employee or officer to give consideration or to act regarding a PHA/IHA contract on any basis other than the merits of the matter. (b) The bidder represents and certifies as part of its bid that, except for full-time bona fide employees working solely for the bidder, the bidder: (1) [ ] has, [ ] has not employed or retained any person or company to solicit or obtain this contract; and (2) [ ] has, [ ] has not paid or agreed to pay to any person or company employed or retained to solicit or obtain this contract any commission, percentage, brokerage, or other fee contingent upon or resulting from the award of this contract. (c) If the answer to either (a)(1) or (a)(2) above is affirmative, the bidder shall make an immediate and full written disclosure to the PHA/IHA Contracting Officer. (d) Any misrepresentation by the bidder shall give the PHA/IHA the right to (1) terminate the contract; (2) at its discretion, deduct from contract payments the amount of any commission, percentage, brokerage, or other contingent fee; or (3) take other remedy pursuant to the contract. 3. Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (applicable to contracts exceeding $100,000) (a) The definitions and prohibitions contained in Section 1352 of title 31, United States Code, are hereby incorporated by reference in paragraph (b) of this certification. Page1 of 3 form HUD-5369-A (11/92)Previous edition is obsolete 6. Minimum Bid Acceptance Period (a) "Acceptance period," as used in this provision, means the number of calendar days available to the PHA/IHA for awarding a contract from the date specified in this solicitation for receipt of bids. (b) This provision supersedes any language pertaining to the acceptance period that may appear elsewhere in this solicitation. (c) The PHA/IHA requires a minimum acceptance period of [Contracting Officer insert time period] calendar days. (d) In the space provided immediately below, bidders may specify a longer acceptance period than the PHA's/IHA's minimum require- ment. The bidder allows the following acceptance period: calendar days. (e) A bid allowing less than the PHA's/IHA's minimum acceptance period will be rejected. (f) The bidder agrees to execute all that it has undertaken to do, in compliance with its bid, if that bid is accepted in writing within (1) the acceptance period stated in paragraph (c) above or (2) any longer acceptance period stated in paragraph (d) above. 7. Small, Minority, Women-Owned Business Concern Representation The bidder represents and certifies as part of its bid/ offer that it -- (a) [ ] is, [ ] is not a small business concern. "Small business concern," as used in this provision, means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding, and qualified as a small business under the criteria and size standards in 13 CFR 121. (b) [ ] is, [ ] is not a women-owned business enterprise. "Women- owned business enterprise," as used in this provision, means a business that is at least 51 percent owned by a woman or women who are U.S. citizens and who also control and operate the business. (c) [ ] is, [ ] is not a minority business enterprise. "Minority business enterprise," as used in this provision, means a business which is at least 51 percent owned or controlled by one or more minority group members or, in the case of a publicly owned business, at least 51 percent of its voting stock is owned by one or more minority group members, and whose management and daily opera- tions are controlled by one or more such individuals. For the purpose of this definition, minority group members are: (Check the block applicable to you) [ ] Black Americans [ ] Asian Pacific Americans [ ] Hispanic Americans [ ] Asian Indian Americans [ ] Native Americans [ ] Hasidic Jewish Americans 8. Indian-Owned Economic Enterprise and Indian Organization Representation (applicable only if this solicitation is for a contract to be performed on a project for an Indian Housing Authority) The bidder represents and certifies that it: (a) [ ] is, [ ] is not an Indian-owned economic enterprise. "Economic enterprise," as used in this provision, means any com- mercial, industrial, or business activity established or organized for the purpose of profit, which is at least 51 percent Indian owned. "Indian," as used in this provision, means any person who is a member of any tribe, band, group, pueblo, or community which is recognized by the Federal Government as eligible for services from the Bureau of Indian Affairs and any "Native" as defined in the Alaska Native Claims Settlement Act. (b) [ ] is, [ ] is not an Indian organization. "Indian organization," as used in this provision, means the governing body of any Indian tribe or entity established or recognized by such governing body. Indian "tribe" means any Indian tribe, band, group, pueblo, or (b) The bidder, by signing its bid, hereby certifies to the best of his or her knowledge and belief as of December 23, 1989 that: (1) No Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with the awarding of a contract resulting from this solicitation; (2) If any funds other than Federal appropriated funds (includ- ing profit or fee received under a covered Federal transaction) have been paid, or will be paid, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with this solicitation, the bidder shall complete and submit, with its bid, OMB standard form LLL, "Disclosure of Lobbying Activities;" and (3) He or she will include the language of this certification in all subcontracts at any tier and require that all recipients of subcontract awards in excess of $100,000 shall certify and disclose accordingly. (c) Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by section 1352, title 31, United States Code. Any person who makes an expenditure prohibited under this provision or who fails to file or amend the disclosure form to be filed or amended by this provision, shall be subject to a civil penalty of not less than $10,000, and not more than $100,000, for each such failure. (d) Indian tribes (except those chartered by States) and Indian organizations as defined in section 4 of the Indian Self-Determina- tion and Education Assistance Act (25 U.S.C. 450B) are exempt from the requirements of this provision. 4. Organizational Conflicts of Interest Certification The bidder certifies that to the best of its knowledge and belief and except as otherwise disclosed, he or she does not have any organizational conflict of interest which is defined as a situation in which the nature of work to be performed under this proposed contract and the bidder's organizational, financial, contractual, or other interests may, without some restriction on future activities: (a) Result in an unfair competitive advantage to the bidder; or, (b) Impair the bidder's objectivity in performing the contract work. [ ] In the absence of any actual or apparent conflict, I hereby certify that to the best of my knowledge and belief, no actual or apparent conflict of interest exists with regard to my possible performance of this procurement. 5. Bidder's Certification of Eligibility (a) By the submission of this bid, the bidder certifies that to the best of its knowledge and belief, neither it, nor any person or firm which has an interest in the bidder's firm, nor any of the bidder's subcon- tractors, is ineligible to: (1) Be awarded contracts by any agency of the United States Government, HUD, or the State in which this contract is to be performed; or, (2) Participate in HUD programs pursuant to 24 CFR Part 24. (b) The certification in paragraph (a) above is a material represen- tation of fact upon which reliance was placed when making award. If it is later determined that the bidder knowingly rendered an erroneous certification, the contract may be terminated for default, and the bidder may be debarred or suspended from participation in HUD programs and other Federal contract programs. Page 2 of 3 form HUD-5369-A (11/92)Previous edition is obsolete community including Native villages and Native groups (including corporations organized by Kenai, Juneau, Sitka, and Kodiak) as defined in the Alaska Native Claims Settlement Act, which is recognized by the Federal Government as eligible for services from the Bureau of Indian Affairs. 9. Certification of Eligibility Under the Davis-Bacon Act (applicable to construction contracts exceeding $2,000) (a) By the submission of this bid, the bidder certifies that neither it nor any person or firm who has an interest in the bidder'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 Act or 29 CFR 5.12(a)(1). (b) No part of the contract resulting from this solicitation shall be subcontracted to any person or firm ineligible to be awarded contracts by the United States Government by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (c) The penalty for making false statements is prescribed in the U. S. Criminal Code, 18 U.S.C. 1001. 10. Certification of Nonsegregated Facilities (applicable to contracts exceeding $10,000) (a) The bidder's attention is called to the clause entitled Equal Employment Opportunity of the General Conditions of the Con- tract for Construction. (b) "Segregated facilities," as used in this provision, means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees, that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, or national origin because of habit, local custom, or otherwise. (c) By the submission of this bid, the bidder certifies that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The bidder agrees that a breach of this certification is a violation of the Equal Employment Opportunity clause in the contract. (d) The bidder further agrees that (except where it has obtained identical certifications from proposed subcontractors for specific time periods) prior to entering into subcontracts which exceed $10,000 and are not exempt from the requirements of the Equal Employment Opportunity clause, it will: (1) Obtain identical certifications from the proposed subcon- tractors; (2) Retain the certifications in its files; and (3) Forward the following notice to the proposed subcontrac- tors (except if the proposed subcontractors have submitted identical certifications for specific time periods): Notice to Prospective Subcontractors of Requirement for Certifications of Nonsegregated Facilities A Certification of Nonsegregated Facilities must be submitted before the award of a subcontract exceeding $10,000 which is not exempt from the provisions of the Equal Employment Opportunity clause of the prime contract. The certification may be submitted either for each subcontract or for all subcontracts during a period (i.e., quarterly, semiannually, or annually). Note: The penalty for making false statements in bids is prescribed in 18 U.S.C. 1001. 11. Clean Air and Water Certification (applicable to con- tracts exceeding $100,000) The bidder certifies that: (a) Any facility to be used in the performance of this contract [ ] is, [ ] is not listed on the Environmental Protection Agency List of Violating Facilities: (b) The bidder will immediately notify the PHA/IHA Contracting Officer, before award, of the receipt of any communication from the Administrator, or a designee, of the Environmental Protection Agency, indicating that any facility that the bidder proposes to use for the performance of the contract is under consideration to be listed on the EPA List of Violating Facilities; and, (c) The bidder will include a certification substantially the same as this certification, including this paragraph (c), in every nonexempt subcontract. 12. Previous Participation Certificate (applicable to construction and equipment contracts exceeding $50,000) (a) The bidder shall complete and submit with his/her bid the Form HUD-2530, "Previous Participation Certificate." If the successful bidder does not submit the certificate with his/her bid, he/she must submit it within three (3) working days of bid opening. Failure to submit the certificate by that date may render the bid nonresponsive. No contract award will be made without a properly executed certifi- cate. (b) A fully executed "Previous Participation Certificate" [ ] is, [ ] is not included with the bid. 13. Bidder's Signature The bidder hereby certifies that the information contained in these certifications and representations is accurate, complete, and current. __________________________________________________________________ (Signature and Date) __________________________________________________________________ (Typed or Printed Name) __________________________________________________________________ (Title) __________________________________________________________________ (Company Name) (Company Address) Page 3 of 3 FORM OF BID –Radon Mitigation Systems PAGE 1 OF 2 To: Lebanon County Housing Authority 137 West Penn Avenue PO Box 2005 Celona, PA 17042 hereinafter called the “Authority” Bidder (Firm Name): _______________________________________________ 1. The undersigned, having examined the proposed Contract Documents titled: Radon Mitigation Systems and having visited the sites and examined the conditions affecting the Work, hereby proposed and agrees to furnish all labor, materials, equipment and appliances and to perform operation necessary to complete the Work within one hundred eighty (180) calendar days as required by said proposed Contract Documents, including any Addenda (if any thereto), for the stipulated sum listed below. 2. Base Bid Total Price for 140 Radon Mitigation Systems and Assessment Webster Manor 49 units _______________________________Dollars ($________________________) Cedar Court 41 units __________________________________Dollars ($________________________) East Cherry Street 8 units_______________________________Dollars ($________________________) Federal Street 18 units _________________________________Dollars ($________________________) South Eleventh Street 2 units ____________________________Dollars ($________________________) Weidman Street 7 units _________________________________Dollars ($________________________) Steckbeck/Meily Street 3 buildings ________________________Dollars ($________________________) Lafayette Street 5 buildings ______________________________Dollars ($________________________) Gloninger Meadows 1 unit ______________________________Dollars ($________________________) TOTAL________________________________________________Dollars ($________________________) The contract will be awarded based on the total lowest responsible bid to perform the work for the total number of units selected by the Authority. FORM OF BID – Radon Mitigation Systems PAGE 2 OF 2 1. Attached hereto is an affidavit in proof that the undersigned has not entered into any collusion with any person in respect to this bid or any bid or the submitting of proposals for the Contract for which this bid is submitted. 2. The bidder represents that he ____ HAS _____HAS NOT (check one) participated in a previous Contract or sub-contract to either the equal opportunity clause therein or the clause originally contained in Section 301 of the Executive Order No. 10925; that he _____HAS _____HAS NOT (check one) filed all required compliance reports signed by the proposed sub-contracts or that such reports will be obtained prior to sub-contract awards. The bidder further represents that he will, if required, submit and require proposed sub-contractor to submit a compliance report prior to the award of the Contract or sub- contract. 3. The Bidder represents and further agrees that (except where he has obtained identical certifications from the proposed sub-contractors for specific time periods) he will obtain identical certifications from proposed sub-contractors prior to the award of sub-contracts exceeding Ten Thousand Dollars ($10,000) which are not exempt from the provisions of the Equal Opportunity Clause; that he will retain such certifications in his files; and that he will forward a notice of his proposed sub-contractors as provided in the Instructions to Bidders. The penalty for making false statements in offers is prescribed in 18 U.S.C. 100L. Bidder (Firm Name): _______________________________________________ 4. I hereby acknowledge receipt of Addend Nos: _________________________________ Dated______________________________________________________ as part of this bid. BIDDER: (firm name) BY:_______________________________________________ (printed name of signatory) SIGNATURE: ______________________________________________________________________ BID DATED THIS ________ DAY OF ____________________ 2024 BUSINESS ADDRESS: ________________________________________________________________ _________________________________________________________________________________ TELEPHONE: ________________________________ FAX: _______________________________ EMAIL: __________________________________________________________________________ FEDERAL TAX ID # ______________________________________________________________________ BID BOND KNOW ALL MEN BY THESE PRESENT, that we the undersigned _______________________________________________________________ as PRINCIPAL And ______________________________________________________________ as SURETY Are held and firmly bound unto The Housing Authority of the County of Lebanon, Pennsylvania, hereinafter called the “Authority” in the penal sum of: Dollars ($ __________________________ ) Lawful money of the United States, for the payment of which sum will and truly be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally firmly by these present. THE CONDITONS OF THIS OBIGATION IS SUCH, that whereas the Principal has submitted the accompanying bid, dated _______________________ 2024, for Radon Mitigation Systems at Family units. . NOW, THEREFORE, if the Principal shall not withdraw said bid within the period specified therein after the opening of same, or, if no period be specified, within sixty (60) days after the said opening, and shall within the period specified therefore or prescribed forms are presented to him for signature, enter into a written Contract with the Authority in accordance with the bid as accepted and give bond with good and sufficient surety or sureties, as may be required for the faithful performance and proper fulfillment of such Contract; or in the event of the withdrawal of said bid within the period specified or the failure to enter into such Contract and give such bond within the time specified, if the Principal shall pay the Authority the difference between the amount specified in said bid and the amount for which the Authority may procure the required work or supplies or both., if the latter amount be in excess of the former; then the obligation shall be void and of no effect, otherwise to remain in full force and virtue. IN WITNESS WHEREOF, the above bounded parties have executed this instrument under their several seals this _____ day of ________________________, 2024. The name and corporate party being hereto affixed and these presents fully signed by its undersigned representatives, pursuant to authority of its governing body. NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners should execute Bond. In the event the penal sum exceeds the Surety's underwriting limitations as set forth in Department of the Treasury Circular 570, Surety shall inform Owner of this fact and shall provide fully executed co-insurance or re-insurance agreements which shall be effective as of the date of the delivery of this Bond. Bid Bond Page 1 of 2 IN PRESENCE OF: (Individual Principal) ATTEST: (Business Address) (Corporate Principal) (Business Address) BY: Seal If Power of Attorney for person named or Surety Company must be attached to Bond. CERTIFICATION AS TO CORPORATE PRINCIPAL I ______________________________________ certify that I am the _____________ Secretary of the Corporation named as Principal in the within bond; that ________________________ who signed the said bond on behalf of the Principal was then ____________________________ of said corporation; that I know his signature and his signature thereto is genuine and that said bond was duly signed, sealed and attested to for and in behalf of said corporation by authority of its governing body. ______________________________ Affix Corporate Seal Bid Bond Page 2 of 2 AFFIDAVIT STATE OF ) ) SS. COUNTY OF ) deposes and says, being first duly sworn, (Name) That he is , the party making the (Title) foregoing proposal or bid, that such proposal or bid is genuine and not collusive or sham; that said bidder has not colluded, conspired, connived or agreed, directly or indirectly, with any bidder or person, to put in a sham bid or to refrain from bidding, and has not in any manner, directly or indirectly, sought by agreement or collusion, or communication or conference, with any person, to fix the bid price of affiant or of any other bidder, or to fix any overhead, profit or cost element of said bid price, or of that of any other bidder, or to secure any advantage against the Housing Authority of the County of Lebanon or any person interested in the proposed contract; and that all statements in said proposal or bid are true. Signature of: Bidder, if the bidder is an Individual; Partner, if the bidder is a Partnership; Officer, if the bidder is a Corporation Subscribed and sworn to before me this day of 20 my commission expires ________________ 20 AFFIDAVIT Page 1 of 1 STATEMENT OF BIDDER’S QUALIFICATIONS Do not supply with this Statement of Bidder’s Qualifications OR the Previous Participation Certificate which follows with your bid. Rather both of these documents are to be furnished only on request of the Authority after the opening of bids and prior to contract award. All questions must be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary, add separate sheets for items marked with an *. 1. Name of Bidder; ___________________________________________________________ 2. Permanent main office address; ______________________________________________ 3. When Organized: __________________________________________________________ 4. Where Incorporated: _______________________________________________________ 5. How many years have you been engaged in the contracting business under your present firm name? _________________ 6. *Contracts on hand: (provide a schedule showing gross amount of each contract and approximate anticipated dates of completion). 7. *General character of work performed by your company. 9. Have you ever failed to complete any work awarded to you? ______ If so where and why? ______ 10. *List the more important jobs recently completed by your company. Provide the approximate cost for each and the month and year completed. 11. *List your major equipment available for this contract. 12. * Experience in construction work similar in importance to this project. 13. * Background and experience of the principal members of your staff, including the officers. 14. * Amount of credit available (furnish written evidence). 15. *Financial statement no more than sixty (60) days old and containing not less than the information required on the sample balance sheet on the following page. Statement of Bidders Qualifications Page 1 of 3 BALANCE SHEET As o f ASSETS Current Assets Cash Joint Venture Accounts $ Notes Receivable $ Accrued Interest on Notes $ Deposits $ Materials and Prepaid Expense $ TOTAL CURRENT ASSETS $ Fixed Assets – Net $ Other Assets $ TOTAL ASSETS $ LIABILITIES AND CAPITAL Current Liabilities Accounts Payable $ Notes Payable $ Accrued Interest on Notes $ Provision for Income Taxes $ Advances Received from Owners $ Accrued Salaries $ Accrued Payroll Taxes $ Other $ TOTAL CURRENT LIABILITES $ Other Liabilities $ Capital Capital Stock $ Authorized & Outstanding Shares, Par Value $ Earned Surplus $ TOTAL LIABILITES AND CAPITAL $ Statement of Bidders Qualifications Page 2 of 3 16. Will you, upon request fill out a detailed financial statement and furnish any other information that may be required by the Authority? ________ 17. The undersigned hereby authorizes and requests any person, form or corporation to furnish any Information requested by the Authority in verification of the recitals comprising this Statement of Bidder’s Qualifications. Dated at _________________________________________ this ______ day of ___________ 20__ Name of Bidder:________________________________________________ By: _______________________________________ Title:__________________________________ State of _ ____________________ County of ____________________ ________________________________________ Being duly sworn deposes and says that he/she (name) is __________________________________ of ____________________ (title) (firm name) and that the answers to the foregoing questions and all statements therein contained are true and correct. Sworn to before me this ______ day of ___________________, 20__. __________________________________ my commission expires: __________________ , 20____ (Notary) Statement of Bidders Qualifications Page 3 of 3 FORM OF AGREEMENT (SAMPLE ONLY) CONTRACT NO. THIS AGREEMENT made this __________ day of , 2024 by and between: ______________________________________________________________________ hereinafter called the "CONTRACTOR" and the Lebanon County Housing Authority, Lebanon, Pennsylvania, hereinafter called the "AUTHORITY" WITNESSETH, that the Contractor and the Authority for the consideration stated herein mutually agree as follows: ARTICLE 1 - STATEMENT OF WORK The Contractor shall furnish all labor, materials, equipment and services, and perform all work required for the completion of Contract No 2024- 0101 in accordance with the specifications entitled Project Radon Mitigation Systems Installation for the HOUSING AUTHORITY OF LEBANON COUNTY, LEBANON, PENNSYLVANIA. And Addendum thereto numbered _________________________ and dated ______________________ and the Drawings referred to therein, which said Specifications, Addenda and Drawings are incorporated herein by reference and made a part thereof. ARTICLE 2 - THE CONTRACT PRICE The Authority shall pay the Contractor for the performance of the Contract in current funds, subject to additions and deductions as provided in the Specifications, the sum of: _________________________________________________ Dollars ($ _________________ ) ARTICLE 3 - CONTRACT DOCUMENTS The Contract shall consist of the following component parts: a. This Instrument b. General Conditions c. Special Conditions d. Technical Specifications e. The Drawings This Instrument, together with the other Documents enumerated in this Article 3, which said other Documents are as fully a part of the Contract as if hereto attached or herein repeated, form the Contract. In the event that any provision in any component part of this Contract conflicts with any provision of any other component part, the provision in the component part first enumerated in this Article 3 shall govern, except as otherwise specifically stated. The various provisions in Addenda shall be construed in the order of preference of the component part of the Contract which it modifies. Agreement page 1 of 2 IN WITNESS HEREOF, the parties hereto have caused this Instrument to be executed in two (2) original counterparts the day and year above written. ATTEST: CONTRACTOR By: _________________________________ Title:_________________________________ (business address) Corporate Certification I ____________________________________________, certify that I am the _____________________ of the Corporation names as Contractor herein, that _______________________________________ who signed this Contract on behalf of the Contractor was then _________________________________ of said Corporation; has Authority to execute the same and is the individual who signs similar contracts on behalf of this Company with the public generally and then said Contract was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers. Signature: _____________________________________ ATTEST: HOUSING AUTHORITY OF THE COUNTY OF LEBANON By: _________________________________ Title: _________________________________ (business address) Agreement page 2 of 2 Page 1 of 7 Form HUD-5370-EZ (1/2014) U.S. Department of Housing and Urban Development Office of Public and Indian Housing OMB Approval No. 2577-0157 (exp. 11/30/2023) General Contract Conditions for Small Construction/Development Contracts See Page 7 for Burden Statement Applicability. The following contract clauses are applicable and must be inserted into small construction/development contrac ts, greater than $2,000 but not more than $250,000. 1. Definitions Terms used in this form are the same as defined in form HUD-5370 2. Prohibition Against Liens The Contractor is prohibited from placing a lien on the PHA's property. This prohibition shall apply to all subcontractors at any tier and all materials suppliers. The only liens on the PHA's property shall be the Declaration of Trust or other liens approved by HUD. 3. Disputes (a) Except for disputes arising under the Labor Standards clauses, all disputes arising under or relating to this contract, including any claims for damages for the alleged breach thereof which are not disposed of by agreement, shall be resolved under this clause. (b) All claims by the Contractor shall be made in writing and submitted to the Contracting Officer for a written decision. A claim by the PHA against the Contractor shall be subject to a written decision by the Contracting Officer. (c) The Contracting Officer shall, within 30 days after receipt of the request, decide the claim or notify the Contractor of the date by which the decision will be made. (d) The Contracting Officer's decision shall be final unless the Contractor (1) appeals in writing to a higher level in the PHA in accordance with the PHA's policy and procedures, (2) refers the appeal to an independent mediator or arbitrator, or (3) files suit in a court of competent jurisdiction. Such appeal must be made within 30 days after receipt of the Contracting Officer's decision. (e) The Contractor shall proceed diligently with performance of this contract, pending final resolution of any request for relief, claim, appeal, or action arising under or relating to the contract, and comply with any decision of the Contracting Officer. 4. Default (a) If the Contractor refuses or fails to prosecute the work, or any separable part thereof, with the diligence that will insure its completion within the time specified in this contract, or any extension thereof, or fails to complete said work within this time, the Contracting Officer may, by written notice to the Contractor, terminate the right to proceed with the work (or separable part of the work) that has been delayed. In the event, the PHA may take over the work and complete it by contract or otherwise, and may take possession of and use any materials, equipment, and plant on the work site necessary for completing the work. The Contractor and its sureties shall be liable for any damage to the PHA resulting from the Contractor's refusal or failure to complete the work within the specified time, whether or not the Contractor's right to proceed with the work is terminated. This liability includes any increased costs incurred . . (b) The Contractor's right to proceed shall not be terminated or the Contractor charged with damages under this clause if — (1) The delay in completing the work arises from unforeseeable causes beyond the control and without the fault or negligence of the Contractor; and (2) The Contractor, within 10 days from the beginning of such delay notifies the Contracting Officer in writing of the causes of delay. The Contracting Officer shall ascertain the facts and the extent of the delay. If, in the judgment of the Contracting Officer, the findings of Fact warrant such action, time for completing the work shall be extended by written modification to the contract The findings of the Contracting Officer shall be reduced to a written decision which shall be subject to the provisions of the Disputes clause of this contract (c) If, after termination of the Contractor's right to proceed, it is determined that the Contractor was not in default, or that the delay was excusable, the rights and obligation of the parties will be the same as if the termination had been for convenience of the PHA. 5. Termination for Convenience (a) The Contracting Officer may terminate this contract in whole, or in part, whenever the Contracting Officer determines that such termination is in the best interest of the PHA. Any such termination shall be effected by delivery to the Contractor of a Notice of Termination specifying the extent to which the performance of the work under the contract is terminated, and the date upon which such termination becomes effective. (b) If the performance of the work is terminated, either in whole or in part, the PHA shall be liable to the Contractor for reasonable and proper costs resulting from such termination upon the receipt by the PHA of a properly presented claim setting out in detail: (1) the total cost of the work performed to date of termination less the total amount of contract payments made to the Contractor; (2) the cost (including reasonable profit) of settling and paying claims under subcontracts and material orders for work performed and materials and supplies delivered to the site, payment for which has not been made by the PHA to the Contractor or by the Contractor to the subcontractor or supplier; (3) the cost of preserving and protecting the work already performed until the PHA or assignee takes possession thereof or assumes responsibility therefore; (4) the actual or estimated cost of legal and accounting services reasonably necessary to prepare and present the termination claim to the PHA; and (5) an amount constituting a reasonable profit on the value of the work performed by the Contractor. (c) The Contracting Officer will act on the Contractor's claim within days (60 days unless otherwise indicated) of receipt of the Contractor's claim. (d) Any disputes with regard to this clause are expressly made subject to the provisions of the Disputes clause of this contract 6. Insurance (a) Before commencing work, the Contractor and each subcon- tractor shall furnish the PHA with certificates of insurance showing the following insurance is in force and will insure all operations under the Contract. Page 2 of 7 Form HUD-5370-EZ (1/2014) (1) Workers' Compensation, in accordance with state or Territorial Workers' Compensation laws. (2) Commercial General Liability with a combined single limit for bodily injury and property damage of not less than $ ________ [Contracting Officer insert amount] per occurrence to protect the Contractor and each subcontractor against claims for bodily injury or death and damage to the property of others. This shall cover the use of all equipment, hoists, and vehicles on the site(s) not covered by Automobile Liability under (3) below. If the Contractor has a "claims-made" policy, then the following additional requirements apply: the policy must provide a "retroactive date" which must be on or before the execution date of the Contract; and the extended reporting period may not be less than five years following the completion date of the Contract (3) Automobile Liability on owned and non -owned motor vehicles used on the site(s) or in connection therewith for a combined single limit for bodily injury and property damage of not less than $ _____ [Contracting Officer insert amount] per occurrence. (b) Before commencing work, the Contractor shall furnish the PHA with a certificate of insurance evidencing that Builder's Risk (fire and extended coverage) Insurance on all work in place and/or materials stored at the building site(s), including foundations and building equipment, is in force. The Builder's Risk Insurance shall be for the benefit of the Contractor and the PHA as their interests may appear and each shall be named in the policy or policies as an insured. The Contractor in installing equipment supplied by the PHA shall carry insurance on such equipment from the time the Contractor takes possession thereof until the Contract work is accepted by the PHA. The Builder's Risk Insurance need not be carried on excavations, piers, footings, or foundations until such time as work on the superstructure is started. It need not be carried on landscape work. Policies shall furnish coverage at all times for the full cash value of all completed construction, as well as materials in place and/or stored at the site(s), whether or not partial payment has been made by the PHA. The Contractor may terminate this insurance on buildings as of the date taken over for occupancy by the PHA. The Contractor is not required to carry Builder's Risk Insurance for modernization work which does not involve structural alterations or additions and where the PHA's existing fire and extended coverage policy can be endorsed to include such work. (c) All insurance shall be carried with companies which are financially responsible and admitted to do business in the State in which the project is located. If any such insurance is due to expire during the construction period, the Contractor (including subcontractors, as applicable) shall not permit the coverage to lapse and shall furnish evidence of coverage to the Contracting Officer. All certificates of insurance, as evidence of coverage, shall provide that no coverage may be canceled or non-renewed by the insurance company until at least 30 days prior written notice has been given to the Contracting Officer. 7. Contract Modifications (a) Only the Contracting Officer has authority to modify any term or condition of this contract. Any contract modification shall be authorized in writing. (b) The Contracting Officer may modify the contract unilaterally (1) pursuant to a specific authorization stated in a contract clause (e.g., Changes); or (2) for administrative matters which do not change the rights or responsibilities of the parties (e.g., change in the PHA address). All other contract modifications shall be in the form of supplemental agreements signed by the Contractor and the Contracting Officer. (c) When a proposed modification requires the approval of HUD prior to its issuance (e.g., a change order that exceeds the PHA's approved threshold), such modification shall not be effective until the required approval is received by the PHA. 8. Changes (a) The Contracting Officer may, at any time, without notice to the sureties, by written order designated or indicated to be a change order, make changes in the work within the general scope of the contract including changes: (1) In the specifications (including drawings and designs); (2) In the method or manner of performance of the work; (3) PHA-furnished facilities, equipment, materials, services, or site; or, (4) Directing the acceleration in the performance of the work (b) Any other written order or oral order (which, as used in this paragraph (b), includes direction, instruction, interpretation, or determination) from the Contracting Officer that causes a change shall be treated as a change order under this clause; provided, that the Contractor gives the Contracting Officer written notice stating (1) the date, circumstances and source of the order and (2) that the Contractor regards the order as a change order. (c) Except as provided in this clause, no order, statement or conduct of the Contracting Officer shall be treated as a change under this clause or entitle the Contractor to an equitable adjustment. (d) Many change under this clause causes an increase or decrease in the Contractor's cost of, or the time required for the performance of any part of the work under this contract, whether or not changed by any such order, the Contracting Officer shall make an equitable adjustment and modify the contract in writing. However, except for a adjustment based on defective specifications, no proposal for any change under paragraph (b) above shall be allowed for any costs incurred more than 20 days (5 days for oral orders) before the Contractor gives written notice as required. In the case of defective specifications for which the PHA is responsible, the equitable adjustment shall include any increased cost reasonably incurred by the Contractor in attempting to comply with the defective specifications. ( ) The Contractor must assert its right to an adjustment under this clause within 30 days after (1) receipt of a written change order under paragraph (a) of this clause, or (2) the fiunishing of a written notice under paragraph (b) of this clause, by submitting a written statement describing the general nature and the amount of the proposal. If the facts justify it, the Contracting Officer may extend the period for submission. The proposal may be included in the notice required under paragraph (b) above. No proposal by the Contractor for an equitable adjustment shall be allowed if asserted after final payment under this contract (e) The Contractor's written proposal for equitable adjustment shall be submitted in the form of a lump sum proposal supported with an itemized breakdown of all increases and decreases in the contract in at least the following details: (1) Direct Costs. Materials (list individual items, the quantity and unit cost of each, and the aggregate cost); Transporta- tion and delivery costs associated with materials; Labor Page 3 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 Costs - when size of change warrants revision. (2) Indirect Costs. Indirect costs may include overhead, general and administrative expenses, and fringe benefits not normally treated as direct costs. (3) Profit. The amount of profit shall be negotiated and may vary according to the nature, extent, and complexity of the work required by the change. The allowability of the direct and indirect costs shall be determined in accordance with the Contract Cost Principles and Procedures for Commercial Firms in Part 31 of the Federal Acquisition Regulation (48 CFR 1-31), as implemented by HUD Handbook 2210.18, in effect on the date of this contract. The Contractor shall not be allowed a profit on the profit received by any subcontractor. Equitable adjustments for deleted work shall include a credit for profit and may include a credit for indirect costs. On proposals covering both increases and decreases in the amount of the contract, the application of indirect costs and profit shall be on the net-change in direct costs for the Contractor or subcontractor performing the work (g) The Contractor shall include in the proposal its request for time extension (if any), and shall include sufficient information and dates to demonstrate whether and to what extent the change will delay the completion of the contract in its entirety. (h) The Contracting Officer shall act on proposals within 30 days after their receipt, or notify the Contractor of the date when such action will be taken. (i) Failure to reach an agreement on any proposal shall be a dispute under the clause entitled Disputes herein. Nothing in this clause, however, shall excuse the Contractor from proceeding with the contract as changed. (j) Except in an emergency endangering life or property, no change shall be made by the Contractor without a prior order from the Contracting Officer. 9. Examination and Retention of Contractor's Records The HA, HUD, or Comptroller General of the United States, or any of their duly authorized representatives shall, until three years after final payment under this contract, have access to and the right to examine any of the Contractor's directly pertinent books, documents, papers, or other records involving transactions related to this contract for the purpose of making audit, examination, excerpts, and transcriptions. 10. Rights in Data and Patent Rights (Ownership and Proprietary Interest) The HA shall have exclusive ownership of, all proprietary interest in, and the right to full and exclusive possession of all information, materials, and documents discovered or produced by Contractor pursuant to the terms of this Contract, including but not limited to reports, memoranda or letters concerning the research and reporting tasks of this Contract. 11. Energy Efficiency The Contractor shall comply with all mandatory standards and policies relating to energy efficiency which are contained in the energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub.L. 94-163) for the State in which the work under this contract is performed. 12. Procurement of Recovered Materials (a) In accordance with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, the Contractor shall procure items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition. The Contractor shall procure items designated in the EPA guidelines that contain the highest percentage of recovered materials practicable unless the Contractor determines that such items: (1) are not reasonably available in a reasonable period of time; (2) fail to meet reasonable performance standards, which shall be determined on the basis of the guidelines of the National Institute of Standards and Technology, if applicable to the item; or (3) are only available at an unreasonable price. (b) Paragraph (a) of this clause shall apply to items purchased under this contract where: (1) the Contractor purchases in excess of $10,000 of the item under this contract; or (2) during the preceding Federal fiscal year, the Contractor: (i) purchased any amount of the items for use under a contract that was funded with Federal appropriations and was with a Federal agency or a State agency or agency of a political subdivision of a State; and (ii) purchased a total of in excess of $10,000 of the item both under and outside that contract 13. Training and Employment Opportunities for Residents in the Project Area (Section 3, HUD Act of 1968; 24 CFR 75) (a) The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. (b) The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 75, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 75 regulations. (c) The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3prioritization requirements, and shall state the minimum percentages of labor hour requirements established in the Benchmark Notice (FR- 6085-N-04). Page 4 of 7 Form HUD-5370-EZ (1/2014) . (d) The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 75, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 75. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 75. (e) .Noncompliance with HUD's regulations in 24 CFR Part 75 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. (f) Contracts, subcontracts, grants, or subgrants subject to Section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5307(b)) or subject to tribal preference requirements as authorized under 101(k) of the Native American Housing Assistance and Self-Determination Act (25 U.S.C. 4111(k)) must provide preferences in employment, training, and business opportunities to Indians and Indian organizations, and are therefore not subject to the requirements of 24 CFR Part 75. 14. Labor Standards - Davis-Bacon and Related Acts (a) Minimum Wages. (1) All laborers and mechanics employed under this contract in the construction or development of the project(s) involved will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the Contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the regular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits in the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein; provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR 5.5(a)(1)(ii) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the Contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (2) (i) Any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefor only when all the following criteria have been met: (a) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (b) The classification is utilized in the area by the construction industry; and (c) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage detemination. (ii) If the Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employee Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (iii) In the event the Contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator of the Wage and Hour Division for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (iv) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (a)(2)(ii) or (iii) of this clause shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (3) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the Contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (4) If the Contractor does not make payments to a trustee or other third person, the Contractor may consider as part Page 5 of 7 Form HUD-5370-EZ (1/2014) of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program; provided, that the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (b) Withholding of Funds. HUD or its designee shall, upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the Contractor under this contract or any other Federal contract with the same prime Contractor, or any other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime Contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the Contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working in the construction or development of the project, all or part of the wages required by the contract, HUD or its designee may, after written notice to the Contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the Contractor, disburse such amounts withheld for and on account of the Contractor or subcontractor to the respective employees to whom they are due. (c) Payrolls and Basic Records. (1) Payrolls and basic records relating thereto shall be maintained by the Contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working in the construction or development of the project. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof 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 the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed ...