Roof Replacement 20-6 Mathers and McClendon(AMENDED)

1 of 1 ADDENDUM Issued April 2, 2020 IFB 03152020 (20-6) Roof Replacement Mathers and McClendon The following question was received: Good afternoon, Confused with The Invitation For Bid portion: Replace roofs on 18 duplexes? I count 12 Buildings, with a total of 24 units, as it states on the page with the Map. Any insight will be appreciated. ANSWER: Bid Portion: Says 18 duplexes. IT IS 12 DUPLEXES AND 24 UNITS Map: Is correct representation of the Scope of Work Housing Authorityof Brevard County TABLE OF CONTENTS Invitation for Bid IFB No. 03152020 (20) Roof Replacement 20-6 Tucker Heights Mathers and McClendon I. IFB 03152020 (20) II. Scope of Work III. IFB 03152020 (20) BID SHEET IV. HUD 5370 General Conditions for the Contractor for Construction V. HUD 5369 & 5369A VI. Davis Bacon Wage Decision Supplementary General ConditionsVII. EOUlLHOOWa OPPOftTWTY HousingAuthorityofBrevardCounty Invitation for Bid IFB03152020 (20) FOR Roof Replacement 20-6 - Tucker Heights Mathers &

McClendon Melbourne, FL BREVARD COUNTY, FLORIDA Issue Date: March 15, 2020 Response Due: April 9th, 2020 at 2:00 p.m. EST Maryanne Wilcox - Director of Public Housing Housing Authority of Brevard County & Melbourne Housing Authority 1401 Guava Ave Melbourne, FL 32935 (321) 775-1575 THE HOUSING AUTHORITY OF BREVARD COUNTY CONDUCTS ITS PROCUREMENT ACTIVITIES PURSUANT TO 2 CFR PART 200 (OR AS MAY BE AMENDED FROM TIME TO TIME), APPLICABLE FEDERAL AND STATE REGULATIONS, AND THE AUTHORITY’S PROCUREMENT POLICY. THESE DOCUMENTS ARE AVAILABLE FOR REVIEW AT THE AUTHORITY’S OFFICE LOCATED AT 1401 GUAVA AVENUE, MELBOURNE, FL, 32935. The Housing Authority of Brevard County reserves the right to accept or reject any or all proposals, to negotiate with all qualified sources for additional program services, or to cancel the Invitation For Bid (IFB) in part, or in its entirety, if it is in the best interest of the Authority to do so. Award will go to the lowest responsible and responsive bidder. HousingAuthorityofBrevardCounty INVITATION FOR BID Legal notice is hereby given that sealed bids will be received by the Director of Public Housing for the Housing Authority of Brevard County to replace roofs on 18 duplexes - approximately 385 squares - using 25-year architectural shingles. The development, 20-6 Tucker Heights-Mathers and McClendon, is in Melbourne, FL. A complete Scope of Work and Site Map are included in the IFB as Attachment II. THIS IS A PER-SQUARE BID Sealed bids may be submitted until 2:00P.M. (EST) on April 9th, 2020 and will be publicly opened and read aloud at our office, located at, 1401 Guava Avenue, Melbourne, Florida, 32935. A bid Bond of 5% and a performance bond of 100% are required for this bid. Sealed bids must be conspicuously marked, “IFB03152020 (20) 20-6 Tucker Heights-Mathers & McClendon. Technical questions may be addressed, prior to April 1st, 2020 at 2:00P.M. to: dwriqht@habc.us. March 15th, 2020 April 1st, 2020 April 9th, 2020 2:01PM (EST) Bid Published Vendor Questions Answered Bid open No verbal requests for clarification or information will be accepted. All such requests must be made in writing. All such requests must be submitted to the Authority by mail, email, and fax or hand delivery. All questions and clarifications will be answered in a written addendum(s), to be issued no later than April 1st. 2020. to any proposer(s) who have been issued a copy of this IFB. 12 Buildings 24 units ADDENDUM 4/2/2020 HousingAuthority of Brevard County IFB 03112020 (20) II. Detailed Scope of Work Roofing Requirements 1. Verification of existing conditions. a. It shall be the Contractor’s sole responsibility to verify existing conditions for each individual work item. The Contractor shall be satisfied that there are no discrepancies between actual conditions and the final Scope of Work as issued. Before ordering materials/products, the Contractor shall verify related condition to insure proper installation. Notify HABC immediately of any hidden condition discovered which might affect the progress of work. 2. All shingles must be at least 25-year architectural shingles. 3. Install peel and stick underlayment. 4. The work shall be done during regular HABC hours, Monday through Friday, 7:00AM- 5:30PM. The Contractor may be authorized to work weekends or evenings on a requested basis. 5. Contractor shall provide at all times a clean work site, including designated storage areas, free from accumulation of waste materials. Construction materials shall be stored in a secured area, unless previously authorized by HABC. In any case, construction material shall not block circulation or create obstacles. 6. The use of the Housing Authority trash dumpsters shall not be permitted. Contractor shall provide trash dumpster(s) to accommodate proper disposal of demolished materials and related debris. (Provide a proper disposal in accordance with waste management). 7. HABC shall supply temporary water supply, Contractor shall supply temporary electrical power. Contractor MUST supply temporary toilet facilities for their employees. 8. The Contractor will remove all of the existing shingles down to the wood deck. Contractor MUST magnetize the perimeter of all buildings for nails to protect anyone from the dangerous possibility of stepping on a nail dailv/continuously. The Contractor will perform cutting and patching or other manufacturer pre-installation requirements as specified in the scope of work and application plans. 9. The Contractor shall replace any deteriorated wood decking to match existing or otherwise required by current building code. 10. Contractor shall remove existing gas vents and install decking over the hole. Install new lead stacks and white aluminum drip edge. Install an upgraded low-profile ridge vent Lomanco Omni-Roll (Model Pro 4SWN or approved equal and expand vented areas as needed. 11. Contractor shall supply at their expense (2) 4’ X 8” X % “roof plywood sheathing per building address for repairs. Roof sheathing shall be standard C-D grade, DFPA standard grade, with a ply clip between each rafter. Allowable spans shall be as stated in Tables pg . 1 Homing Authorityof BrtvordCounty IFB 03112020 (20) 708.4A and 1708.4B of the International Building Code. All joints shall be made over a rafter. Sheathing the supporting verge or trim rafter shall extend back onto the roof a minimum of four feet. Sheathing shall be by nail to current code specifications. Where repairs are made to an existing soffit or fascia, new soffit and fascia shall match the existing size and thickness. HABC, NOT the contractor shall be responsible for painting any new material installed by the contractor that would need to match specific colors. a. Set Price by the HABC for maximum material and labor cost. i. l ” x Lumber - $3.80 per Foot ii. 2” x Lumber - $2.75 per Foot iii. 1’ x 8” x 8-Pine Boards $3.60 per foot iv. 4’ x 8 %” 4 - ply CDX Plywood - $70.00 12. Contractor shall prepare and submit to the Project Manager a practicable schedule showing the order in which the Contractor proposes to perform the work. 13. Contractor must maintain their construction schedule at all times. 14. Contractor must give HABC Construction Manager a minimum of 48 hours advance notice prior to commencing any work. 15. All current applicable OSHA rules and regulations must be followed at all times. Security of work site will be the responsibility of the Contractor. 16. Extreme care is to be taken at all times regarding the safety of the residents residing in the immediate and surrounding work areas. Extreme care must be taken to prevent any damage to building and automobiles. Contractor to complete work with as little inconvenience to the residents as possible. 17. Contractor shall ensure that all employees and the subcontractors scheduled to do work at the 20-7E - Shady Oaks Village must have the company name prominently displayed on their person, ex.: their company shirt with visible company and employee name or employee company name tags. 18. All work shall be completed in strict accordance with the Authority’s and HUD’s procurement policies. All work is subject to, and shall comply with all Federal, State, and Local Government requirements, regulations, codes, guidelines, standards and policies. Pg - 2 A .PUBLIC HOUSING ADMINISTRATION Housing and Home Finance *Agency HOUSING AUTHORITY OF BREVARD COUNTY, FLORIDA Accompanying Project Photograph Numbers a -O ~4as AA O O' .J r4O c\ jas k.« Q 3 «k 5 3Oi o 0 0 o H & CO h * cCf - cO\0 2t/> 8>0 M 0* a* - s:lO ai 3 s§ s H210 A S3o §* •4v) a: 3 « £ aa) £iI I af*8 CO H c!>S3o a; 0OH »d M PCEHEHa 3COO tD W D O cug gjcojc*. CO C> is; as CD a-,o S3 -£ « Ito5 23 O * 3 "H /H H a E—1- Lig« a§s§3 S W 3S -CU * UO CO CO C3a C2 M) £ 2H J I Q 123 3 H *^ ocoe 3>rH £3 tD CM 33 HousingAuthorityofBrevardCounty BID SHEET ATTACHMENT III Invitation for Bid IFB No. 03112020 (20) 20-6 Roof Replacement Mathers and McClendon COMPANY NAME: REPRESENTITIVE: DATE: $Base Bid Additions: + $ $TOTAL BID AMOUNT SIGNED DATE t=t EQUAL HOUSffKl OfTOROOTY U.S. Department of Housing and Urban Development Office of Public and Indian Housing Instructions to Bidders for Contracts Public and Indian Housing Programs form HUD-5369 (10/2002)Previous edition is obsolete Instructions to Bidders for Contracts Public and Indian Housing Programs Table of Contents Clause 1. Bid Preparation and Submission 2. Explanations and Interpretations to Prospective Bidders 1 3. Amendments to Invitations for Bids 4. Responsibility of Prospective Contractor 5. Late Submissions, Modifications, and Withdrawal of Bids 1 6. Bid Opening 7. Service of Protest 8. Contract Award 9. Bid Guarantee 10. Assurance of Completion 11. Preconstruction Conference 12. Indian Preference Requirements 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 achange 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 suchmatters 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 1 1 2 2 2 3 3 3 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 theContract 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 theperson 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 biddingon 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. form HUD-5369 (10/2002)Previous edition is obsolete Page 1 of 4 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 wil! 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 determinedby 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,biddersshould request the postal clerk to place ahandcancellationbull’s-eye postmark on both the receipt and the envelope or wrapper. (d) The only acceptable evidence to establishthe time of receipt at the PHA/IHA isthe 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 postmarkon both the envelope or wrapper and on the original receipt from the U.S. Postal Service. “Postmark”has the same meaning as defined inparagraph (c) of this provision, excluding postmarks of the Canadian Postal Service. Therefore, bidders should request the postal clerk to place a legible handcancellation bull's eye postmark on both the receipt andFailure 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 timeset for opening of bids, the identity of theperson 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 highbid) each of theseparately 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 lowestbid (e.g., the apparent low bid isunreasonably low), and waive informalities or minor irregularities in bids received, in accordance with the PHA’s/iHA’s written policy and procedures. Previous edition is obsolete form HUD-5369 (10/2002)Page 2 of 4 (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 successfulbidder 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 fivepercent (5%) of the amount of the bid. The bid guarantee may be acertified check,bankdraft, 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 businessin 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 foraminimum 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 thebond 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 preconstructionconference 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 successfulbidder 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 andEducationAssistance Act(25U.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 form HUD-5369 (10/2002)Previous edition is obsolete Page 3 of 4 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 trainingpreference 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 (o ra 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) Nomorethanthe percentagespecified in 24CFR 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;oran individual who wasnot employed by the bidderat 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 tobidders to assist themin meeting their responsibility to provide preference in connection with the administration of contracts and subcontracts. Previous edition is obsolete form HUD-5369 (10/2002)Page 4 of 4 NON-COLLUSION AFFIDAVIT OF CONTRACTOR Attach to HUD-5369-A does hereby state: (name) (1) S/Heisthe of (owner, partner, officer, or representative), , hereinafter referred to as Contractor. (business name) (2) S/He is fully knowledgeable of the preparation and contents of Subcontractor's proposals which were submitted to (Contractor); , for specific work required in connection with any project titled and located at : (3) Said Contractor's proposal is genuine and is not a collusive or sham proposal; (4) Neither the Contractor nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including myself, has in any way colluded, conspired, connived, or agreed, directly or indirectly, with any other bidder, firm, or person to submit a collusive or sham proposal in connection with such contract or to refrain from submitting a proposal in connection with such contract, or has in any manner, directly or indirectly, sought by unlawful agreement or connivance with any other bidder, firm, or person to fix the price or prices in said Contractor's Proposal, or to fix any overhead, profit, or cost element of the price or prices in said Contractor's Proposal, or to secure through collusion, conspiracy, connivance, or unlawful agreement any advantage against Home Forward, or any person interested in the proposed Contract; and (5) The price or prices quoted in the Contractor's Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including myself. Signed: Title: Date: Witnessed by: "General Decision Number: FL20200001 02/21/2020 Superseded General Decision Number : FL 20190001 State : Florida Construction Types: Building., Heavy and Highway County: Brevard County in Florida. **CAPE CANAVERAL AIR STATION, PATRICK AIR FORCE BASE KENNEDY SPACE CENTER AND MALABAR RADAR SITE IN BREVARD COUNTY BUILDING CONSTRUCTION PROJECTS (does not include residential construction consisting of single family homes and partments up to and including 4 stories ) HEAVY AND HIGHWAY CONSTRUCTION PROJECTS Note: Under Executive Order ( EO) 13658, an hourly minimum wage of $10.80 for calendar year 2020 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued ) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.80 per hour (or the applicable wage rate listed on this wage determination, if it is higher ) for all hours spent performing on the contract in calendar year 2020. If this contract is covered by the EO and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR 5.5 ( a ) ( l) ( ii) (or the EO minimum wage rate, if it is higher than the conformed wage rate ) . The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself , but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a ) ( 2) - (60) . Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts . Modification Number Publication Date 01/03/2020 01/31/2020 02/ 21/2020 0 1 2 ASBE0067-001 03/01/2019 FringesRates Asbestos Workers/Insulator (Includes the application of all insulating materials, protective coverings, coatings and finishings to all types of mechanical systems) $ 28.30 16.06 ASBE0067-002 07/01/2017 FringesRates HAZARDOUS MATERIAL HANDLER (Includes preparation, wetting, stripping, removal, scrapping, vacuuming,bagging, and disposing of all insulation materials from mechanical systems, whether they contain asbestos or not) $ 16.50 10.90 BOIL0433-001 03/01/2018 FringesRates $ 30.07 22.71BOILERMAKER BRFL0008-001 01/01/2018 FringesRates BRICKLAYER(BRICKLAYERS, BLOCKLAYERS, PLASTERERS, TERRAZZO WORKERS, TILE SETTERS AND CEMENT MASONS) COMMERCIAL INDUSTRIAL $ 22.68 $ 26.08 6.31 6.31 INDUSTRIAL work includes: chemical plants, missile sites including all work at Cape Canaveral Air Force Station and Kennedy Space Flight Center. Bulk plants, power houses. CARP1000-001 07/01/2014 FringesRates $ 29.48MILLWRIGHT 12.40 * CARP1905-002 06/01/2017 FringesRates Carpenters: INDUSTRIAL: CARPENTERS... PILEDRIVERMEN COMMERCIAL: CARPENTERS... PILEDRIVERMEN $ 25.25 $ 21.75 7.55 8.65 $ 23.11 $ 21.75 9.85 8.65 ELEC0222-001 09/01/2016 FringesRates Line Construction: CABLE SPLICER GROUNDMAN LINEMAN; HEAVY EQUIPMENT OPERATOR $ 35.72 $ 19.39 5.00+24.5% 5.00+24.5% $ 34.02 5.00+24.5% ELEC0756-001 09/03/2019 FringesRates ELECTRICIAN Cable Splicer Wireman $ 29.33 $ 29.33 3%+12.74 3%+12.74 * ELEV0139-001 01/01/2020 FringesRates $ 44.12ELEVATOR MECHANIC 34.765 FOOTNOTE: A. Employer contributions 8% of regular hourly rate to vacation pay credit for employee who has worked in business more than 5 years; Employer contributions 6% of regular hourly rate to vacation pay credit for employee who has worked in business less than 5 years. Paid Holidays: New Year's Day; Memorial Day; Independence Day; Labor Day; Thanksgiving Day; The Friday after Thanksgiving Day; and Christmas Day. ENGI0673-001 05/01/2013 FringesRates Power equipment operators: GROUP 1 GROUP 2 GROUP 3 GROUP 4 $ 26.30 $ 24.14 $ 23.00 $ 20.36 10.85 10.85 10.85 10.85 POWER EQUIPMENT OPERATORS CLASSIFICATIONS GROUP 1: Tower Crane., Locomotive Crane, Crawler Crane, Truck Crane, Hydro Crane, Piledriver (incluidng auger and boring machine) Mechanic/Welder and operators of : Gantry Crane,GROUP 2: Bridge Crane, Clam Shell, Dragline, Backhoe, Gradeall, Grader, Sideboom Cat, Hulti-Drum Hoist, Highlift (10‘ or higher), Locomotive Engineer, Tugboat Captain (150 hp or more), Concrete Pump with boom Bulddozers, Forklifts, Straddle Buggy, Single DrumGROUP 3: Hoist, Winch Truck, Trenching Machine, Concrete Paver, Scraper, Loader, Asphalt Paving Machine, Lubricating Engineer, Fireman, Concrete Breaking Machine, Concrete Mixer Tractors, Wellpoint System Operator and Installer,GROUP 4: Air Compressor, Pulver Mixer, Motor boat. Power Boat, Power Sweeper, Welding Machine, Oiler, Mechanic ' s Helper, Pump, Conveyor, Roller, Watertruck, Asphalt distributor, Concrete Pump (trailer type), Utility Operator IRON0808-001 01/01/2019 FringesRates $ 27.28IRONWORKER 14.70 LABO0517-001 05/01/2017 FringesRates Laborers: Asbestos Abatement, Hazardous and Toxic Waste Removal Laborers; (On all mechaincal systems: Lead Base Paint Removal;pipes, boilers, ducts, flues, breechings, ect.j that are going to be scrapped, the removal of all insulating materials whether they contain asbestos or not shall be the exclusive work of the laborers; Carpenter Tender, Cement Mason Tender, Block/ Bricklayer Tender Plasterer Tender Demolition Laborers General Laborer Pipelayer Laborer, Laborer engaged in the pouring of concrete, mortar mixers, masonry forklift operator, and operation of power tools $ 19.45 7.85 $ 19.20 19.20 19.20 7.85 7.85 7.85 $ $ $ 19.20 7.85 PAIN0078-001 08/01/2019 FringesRates $ 24.71GLAZIER 13.50 PAIN0078-002 08/01/2019 FringesRates $ 24.71PAINTER 13.50 PLUM0295-001 01/01/2020 FringesRates Plumber/Pipefitter/Steamfitter INDUSTRIAL: Plants, Power-houses, Chemical Plants, Missile Sites,(Including all Work at Cape Canaveral Air Force Station and Kennedy Space Flight Center but excluding work performed at Patrick Air Force Base and Malabar Radar Site), Oil Refineries, etc., and such other work which is Bulk related to and considered a part of the above type projects Schools, Hospitals, Shopping Centers, and work not listed as Industrial....$ 35.20 $ 35.20 20.37 20.37 ROOF0136-001 08/01/2019 FringesRates $ 22.79ROOFER 8.57 SFFL0821-002 01/01/2019 FringesRates SPRINKLER FITTER Commercial. Industrial. $ 28.38$ 30.73 19.4419.44 lobs covering sugar mills, power plants, trashIndustrial: burning plants, military installations and Cape Kennedy, other work shall be commercial rate. All SHEE0015-001 12/01/2013 FringesRates $ 24.12 13.95SHEET METAL WORKER WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member(or person who is like family to the employee)who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5(a)(1)(ii)). The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s)of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate(current union negotiated rate for local), a survey rate(weighted average rate)or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or UAVG denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is Duly 1, 2014. I I I I Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA)governing this classification and rate. Survey Rate Identifiers Classifications listed under the no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average I I i iSU"" identifier indicate that rate based on all the nates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SL) indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/ 2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/ 29/ 2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter ? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2. ) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party ' s position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3. ) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION" U.S. Department of Housing and Urban Development Office of Public and Indian Housing Office of Labor Relations OMB Approval No. 2577-0157 (exp. 1/01/2014) General Conditions for Non-Construction Contracts Section II - (With Maintenance Work) Public Reporting Burden for this collection of information is estimated to average 0.08 hours per response, including the time for reviewing instructions searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Reports Management Officer, Office of Information Policies and Systems, U.S. Department of Housing and Urban Development, Washington, D.C. 20410-3600; and to the Office of Management and Budget, Paperwork Reduction Project (2577-0157), Washington,D.C. 20503. Do not send this completed form to either of these addressees. Applicability. This form HUD-5370C has 2 Sections. These Sections must be inserted into non-construction contracts as described below: in the classification under this Contract from the first day on which work is performed in the classification. 2. Withholding of funds 1) Non-construction contracts (without maintenance) greater than $100,000 - use Section l; 2) Maintenance contracts (including nonroutine maintenance as defined at 24 CFR 968.105) greater than $2,000 but not more than $100,000 - use Section II; and 3) Maintenance contracts (including nonroutine maintenance), greater than $100,000 -use Sections I and II. The Contracting Officer, upon his/her own action or upon request of HUD, shall withhold or cause to be withheld from the Contractor under this Contract or any other contract subject to HUD-determined wage rates, with the same prime Contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics employed by the Contractor or any subcontractor the full amount of wages required by this clause. In the event of failure to pay any laborer or mechanic employed under this Contract ail or part of the wages required under this Contract, the Contracting Officer or HUD may, after written notice to the Contractor, take such action as may be necessary to cause the suspension of any further payment or advance until such violations have ceased. The Public Housing Agency or HUD 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. ;==r=ss=SSBSBSS=:= Section II- Labor Standard Provisions for all Maintenance Contracts greater than $2,000 ==ss=ss====::==ssss==ssssss==: ;=— =;ss —====: 1. Minimum Wages (a) All maintenance laborers and mechanics employed under this Contract in the operation of the project(s) shall be paid unconditionally and not less often than semi-monthly, and without subsequent deduction (except as otherwise provided by law or regulations), the full amount of wages due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Housing and Urban Development which is attached hereto and made a part hereof. Such laborers and mechanics shall be paid the appropriate wage rate on the wage determination forth© classification of work actually performed, without regard to skill. 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, inciuding any additional classifications and wage rates approved by HUD under subparagraph 1(b), 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. (b) (i) Any class of laborers or mechanics 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 only when the following criteria have been met: (1) The work to be performed by the classification required is not performed by a classification in the wage determination; (2) The classification is utilized in the area by the industry; and (3) The proposed wage rate bears a reasonable relationship to the wage rates contained in the wage determination. The wage rate determined pursuant to this paragraph shall be paid to all workers performing work Records3. (a) The Contractor and each subcontractor shall make and maintain for three (3) years from the completion of the work records containing the following for each laborer and mechanic: (i) Name, address and Social Security Number; (ii) Correct work classification or classifications; (iii) Hourly rate or rates of monetary wages paid; (iv) Rate or rates of any fringe benefits provided; (v) Number of daily and weekly hours worked; (vi) Gross wages earned; (vii) Any deductions made; and (viii) Actual wages paid. (b) The Contractor and each subcontractor shall make the records required under paragraph 3(a) available for inspection, copying, or transcription by authorized representatives of HUD or the HA and shall permit such representatives to interview employees during working hours on the job. If the Contractor or any subcontractor fails to make the required records available, HUD or its designee may, after written notice to the Contractor, take such action as may be necessary to cause the suspension of any further payment, advance orguarantee of funds. Apprentices and Trainees4. (a) Apprentices and trainees will be permitted to work at less than the predetermined rate for the work they perform when they are employed pursuant to and individually registered in: A bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration (ETA), Office of (i)(ii) form HUD-5370-C (10/2006)Section II - Page 1 of 3 Apprenticeship Training, Employer and Labor Services (OATELS), or with a state apprenticeship agency recognized by OATELS, or if a person is employed in his/her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by OATELS or a state apprenticeship agency (where appropriate) to be eligible for probationary employment as an apprentice; A trainee program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, ETA; or A training/trainee program that has received prior approval by HUD. (b) Each apprentice or trainee must be paid at not less than the rate specified in the registered or approved program for the apprentice’s/trainee’s level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Apprentices and trainees shall be paid fringe benefits in accordance with the provisions of the registered or approved program. If the program does not specify fringe benefits, apprentices/trainees must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. (c) The allowable ratio of apprentices or trainees to journeyman on the job site in any craft classification shall not be greater than the ratio permitted to the employer as to the entire work force under the approved program. (d) Any worker employed at an apprentice or trainee wage rate who is not registered in an approved program, and any apprentice or trainee performing work on the job site in excess of the ratio permitted under the approved program, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. (e) In the event OATELS, a state apprenticeship agency recognized by OATELS or ETA, or HUD, withdraws approval of an apprenticeship or trainee program, the employer will no longer be permitted to utilize apprentices/trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. forth those findings that are in dispute and the reasons, including any affirmative defenses, with respect to the violations. The request shall be directed to the appropriate HA or HUD official in accordance with instructions contained in the notice of findings or, if the notice does not specify to whom a request should be made, to the Regional Labor Relations Officer (HUD). The HA or HUD official shall, within 60 days (unless otherwise indicated in the notice of findings) after receipt of a timely request for reconsideration, issue a written decision on the findings of violation. The written decision on reconsideration shall contain instructions that any appeal of the decision shall be addressed to the Regional Labor Relations Officer by letter postmarked within 30 calendar days after the date of the decision. In the event that the Regional Labor Relations Officer was the deciding official on reconsideration, the appeal shall be directed to the Director, Office of Labor Relations (HUD). Any appeal must set forth the aspects of the decision that are in dispute and the reasons, including any affirmative defenses, with respect to the violations. The Regional Labor Relations Officer shall, within 60 days (unless otherwise indicated in the decision on reconsideration) after receipt of a timely appeal, issue a written decision on the findings. A decision of the Regional Labor Relations Officer may be appealed to the Director, Office of Labor Relations, by letter postmarked within 30 days of the Regional Labor Relations Officer’s decision. Any appeal to the Director must set forth the aspects of the prior decision(s) that are in dispute and the reasons. The decision of the Director, Office of Labor Relations, shall be final. (b) Disputes arising out of the labor standards provisions of paragraph 6 shall not be subject to paragraph 5(a) of this form HUD-5370C. Such disputes shall be resolved in accordance with the procedures of the U.S. Department of Labor set forth in 29 CFR Parts 5, 6 and 7. Disputes within the meaning of this paragraph 5(b) include disputes between the Contractor (or any of its subcontractors) and the HA, HUD, the U.S. Department of Labor, or the employees or their representatives. 6. Contract Work Hours and Safety Standards Act (ii) (ii) (iii) (iii) 5. Disputes concerning labor standards (a) Disputes arising out of the labor standards provisions contained in Section II of this form HUD-5370-C, other than those in Paragraph 6, shall be subject to the following procedures. Disputes within the meaning of this paragraph include disputes between the Contractor (or any of its subcontractors) and the HA, or HUD, or the employees or their representatives, concerning payment of prevailing wage rates or proper classification. The procedures in this section may be initiated upon HUD’s own motion, upon referral of the HA, or upon request of the Contractor or subcontractors). The provisions of this paragraph 6 are applicable only where the amount of the prime contract exceeds $100,000. As used in this paragraph, the terms “laborers’1 and “mechanics" includes watchmen and guards. (a) Overtime requirements. No Contractor or subcontractor contracting for any part of the Contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of 40 hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of 40 hours in such workweek. (b) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the provisions set forth in paragraph 6(a), the Contractor and any (i) A Contractor and/or subcontractor or other interested party desiring reconsideration of findings of violation by the HA or HUD relating to the payment of straight-time prevailing wages or classification of work shall request such reconsideration by letter postmarked within 30 calendar days of the date of notice of findings issued by the HA or HUD. The request shall set form HUD-5370-C (10/2006)Section II - Page 2 of 3 subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to the District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the provisions set forth in paragraph (a) of this clause, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by provisions set forth in paragraph (a) of this clause. (c) Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its own action or upon written request of an authorized representative of the U.S. Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor under any such Contract or any federal contract with the same prime Contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime Contractor such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in the provisions set forth in paragraph (b) of this clause. 7. Subcontracts The Contractor or subcontractor shall insert in any subcontracts all the provisions contained in this Section II and also a clause requiring the subcontractors to include these provisions in any lower tier subcontracts. The prime Contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the provisions contained in these clauses. 8. Non-Federal Prevailing Wage Rates Any prevailing wage rate (including basic hourly rate and any fringe benefits), determined understate law to be prevailing, with respect to any employee in any trade or position employed under the Contract, is inapplicable to the contract and shall not be enforced against the Contractor or any subcontractor, with respect to employees engaged under the contract whenever such non-Federa! prevailing wage rate, exclusive of any fringe benefits, exceeds the applicable wage rate determined by the Secretary of HUD to be prevailing in the locality with respect to such trade or position. form HUD-5370-C (10/2006)Section li - Page 3 of 3 Addendum IFB03152020 (20-6) Roof Replacement Mathers and McClendon IFB 03152020 (20) Roof Replacement 20-6 Mathers and McClendon