2014 dha vehicle repair services for the durham … rfp... · 2016-08-29 · 5. vehicle’s license...

2014 DHA VEHICLE REPAIR SERVICES

FOR THE DURHAM HOUSING AUTHORITY

CENTRAL OFFICE BUILDING, DURHAM, NORTH CAROLINA FOR THE

HOUSING AUTHORITY OF THE CITY OF DURHAM, NORTH CAROLINA, Assisted

by the Department of Housing and Urban Development.

TABLE OF CONTENTS

CONTRACT CONDITIONS

PART I BIDDING REQUIREMENTS

Request for Proposal

Bid Summary: Scope and Nature of Vehicle Repair Services

Supplementary Instructions to Bidders

FORMS – TO BE RETURNED

Form of Bid

Contractor References

Form of Non-Collusive Affidavit

Certifications and Representations of Offerors Non-Construction Contract (HUD-5369-C) 8/93)

Certification for a Drug-Free Workplace – HUD-50070 (3/98)

E-Verify

PART II CONDITIONS OF THE CONTRACT

Form of Contract

Instructions to Offerors Non-Construction (HUD-5369-B) (8/93)

General Conditions for Non-Construction Contracts Section II - HUD-5370-C (10-2006)

LEGAL NOTICE

VEHICLE REPAIR SERVICES

RFP #14-040

The Housing Authority of the City of Durham (DHA), North Carolina is requesting sealed bids

(RFP#14-040), so marked for DHA Vehicle Repair Services. Sealed bids will be received until

11:00 a.m. EDT; on September 30, 2014 at DHA, 330 East Main Street, Durham, North Carolina.

Proposed contract documents and specifications, are available beginning September 7, 2014 at

www.durhamhousingauthority.org.

DHA reserves the right to reject any or all bids or to waive any informalities in the bidding, or select

the proposal which in its opinion, is in the best interest of DHA. No bid shall be withdrawn for a

period of 60 days subsequent to the opening of bids without the consent of DHA.

William Bryant

Procurement Manager

Publication Date: Sunday, September 7, 2014 and Sunday, September 14, 2014

http://www.durhamhousingauthority.org/

RFP#14-040

SCOPE AND NATURE OF VEHICLE REPAIR SERVICES

1

PURPOSE: The purpose and intent of this Request for Proposal (RFP) is to solicit bids from

experienced and qualified Contractors who will assume the responsibility for the preventative

maintenance and repair operations, furnish parts and supplies, and perform other functions

routinely associated with the Durham Housing Authority’s Auto Fleet.

Services provided by the Contractor shall include preventive maintenance and scheduling

/ tracking mechanism for all recommended factory service work for all vehicles based on

mileage, remedial repairs, tire services, 24-hour towing, warranty repair capability,

information for vehicle disposal processing and other related services required to assure

the effective and economical operation of the Durham Housing Authority’s Auto fleet. In

addition, the Contractor shall also provide and maintain a permanent, detailed, automated

record system for each vehicle in order to provide detailed maintenance and operating

information for the Durham Housing Authority. Capability to provide a monthly report.

BACKGROUND: The Durham Housing Authority currently operates a fleet of vehicles

comprised of automobiles, light trucks, and specialty vehicles that will be maintained by

the successful provider(s) as identified in Attachment A (Types Of Vehicles).

The majority of the Durham Housing Authority’s auto fleet is used under the home fleet

concept where each employee who is assigned a vehicle is ultimately responsible for its

maintenance and has for a number of years contracted out these services. This has

allowed the employee the ability to address any problem before it becomes a safety issue.

DHA fleet consists of approximately 48 vehicles as follows:

Automobiles: 8

Types: Sedans

Model Years: 1995 through 2010

Manufacturers: Chevy, Dodge, and Ford

Vans and Trucks: 40

Types: Cargo vans, mini vans, mini pick-up trucks, dump trucks, ¾

ton vans & pick-ups

Model Years: 1995 through 2011

Manufacturers: Chevy, Dodge, GMC, Ford and International

DHA’s fleet composition is constantly changing in makes, models and number of

vehicles. The above information is presented for information only. The contractor shall

accept all vehicles for repair and be the DHA’s contact for vehicle repair and

maintenance services.

(A detailed list of vehicles with the assigned DHA departments will be provided to the

selected Contractor.)

3. OBJECTIVE: The goal of this RFP is to assure that the successful contractor provides

cost effective auto maintenance and repairs that are suitable to the users’ needs; available

when users need them; reliable when being used; safe to operate; economical to own,

operate, and maintain; and operated and maintained in an environmentally responsible

RFP#14-040


2

manner. In summary, the Durham Housing Authority would like to reduce auto downtime

and cost while increasing reliability and assuring protection of the Durham Housing

Authority’s overall investment in its auto fleet.

4. CONTRACT PERIOD – The initial term of this contractor will be for 1 (one) year with 2

(two) additional 1 (one) year options. The period of performance shall not exceed 3 (three)

years. Any changes in the terms and conditions of this contract are to be in writing and must be

in the form of an amendment, approved by DHA and signed by an official of the contracting firm.

Final awards will be subject to available funds.

5. RESPONSIBILITY OF THE SELECTED CONTRACTOR: The selected Auto

Repair Services Contractor shall be required to furnish all supervision and labor needed

to manage and maintain the fleet, including specialty vehicles, in a state of repair

consistent with the performance standards and service specifications identified in this

RFP.

All preventive maintenance and repair work done by the Contractor must meet original

equipment manufacturer’s specifications and warranties. Services must be provided

during the hours of 8:30 A.M. to 5:00 P.M., Monday thru Friday.

6. FACILITIES: The Durham Housing Authority does not own a facility for services

requested under this RFP, therefore, it shall be the responsibility of the Contractor to

locate and obtain a facility within ten (10) miles from downtown Durham adequate to

handle the services required. It shall also be the responsibility of the Contractor to obtain

all equipment, tools, and furnishings necessary for these services.

7. INVOICE PAYMENT: Invoices submitted shall be paid net 30 days. Invoices shall be

forwarded to the Durham Housing Authority, Attention: Accounts Payables for review

and payment approval against the Durham Housing Authority’s issued service contract

purchase order number. The rates shown in the bid shall be consistently applied and

remain firm throughout the first twelve (12) months.

Invoices are to include the following information:

1. Date work was performed

2. Invoice number and date of invoice

3. DHA purchase order number

4. Vehicle description

5. Vehicle’s license plate number

6. Vehicle’s identification number

7. Detailed description and breakdown of the repair cost including itemized listing of

parts and charges.

8. Proposal Due Date: The Durham Housing Authority requests sealed bids for RFP #14-

040 Vehicle Repair Service until 11:00am, on Tuesday, September 30, 2014, at DHA,

330 East Main Street, Durham, North Carolina. Proposals shall be dully marked and/or

identified with Proposer name, address and RFP number. One (1) original and four

RFP#14-040


3

(4) copies of each Proposal shall be submitted to the Procurement Department. The

original should be stamped or marked “Original.” DHA will date stamp all proposals

upon receipt to evidence such. Acknowledgement of receipt will be provided upon

request. Faxed proposals are not acceptable, except where one original hard copy is

received prior to the proposal closing date and time.

Late Proposals: Proposals received after the date and time specified will not be

considered for award and will be returned to the Proposer unopened.

Responses should be addressed as follows:

Mailing Address: Street Address:

RFP #14-040: Vehicle Repair Services RFP#14-040: Vehicle Repair Services

Housing Authority of the City of Durham Housing Authority of the City of Durham

Attention: William Bryant Attention: William Bryant

P.O. Box 1726 330 East Main Street

Durham, NC 27702 Durham, NC 27701

Interpretation: Questions about how to interpret this RFP may arise and if so respondents

shall submit questions in writing to William Bryant, Procurement Manager, via email to

[email protected]. Any inquiries, requests for interpretation, technical questions,

clarification, or additional information shall be directed to William Bryant, Procurement

Manager, at the email address listed above. All questions concerning this RFP shall

reference the RFP number, section number and paragraph. Questions and responses affecting

the Scope of Work will be provided to all Proposers by issuance of an Addendum. All

questions shall be received by William Bryant no later than 5:00 P.M., on September

19, 2014; NO EXCEPTIONS.

DHA reserves the right to amend the Scope of Work or Submission Requirements or any part

of this RFP, prior to or subsequent to the submission deadline. If prior, DHA shall issue a

written amendment to all those prospective firms who were issued a copy of the RFP, and if

necessary, based on the nature and extent of the amendment, to all those who submitted a

proposal and if necessary provide a date for submitting additional information based on the

amendment. Absent an amendment by DHA, and minor omissions mentioned below, no

modification to the firm’s submission shall be accepted after the submission deadline.

DHA Options: All proposals will become the property of DHA. DHA reserves the right, in

its sole discretion, to cancel the RFP, reject any or all proposals either in whole, or in part,

with or without cause, and to waive any informality in the RFP process. Final awards will be

subject to available funds.

DHA will consider as NON-RESPONSIVE any firm for which critical information is lacking

or whose submission represents a substantial deviation from the requirement of the RFP.

RFP#14-040


4

Contact with DHA Staff, Board and Residents: Any contact between respondents and

DHA staff, Board members, or residents during the selection process is disallowed except as

stated in the Interpretation section above.

Personnel: The procured firm will not be considered DHA personnel, and DHA assumes the

proposal of certain personnel to be a statement of their availability to do the work.

Contractor’s Status: It is understood that the Contractor is an independent contractor and is

not to be considered an employee of the DHA, or assume any right, privilege or duties of an

employee, and shall save harmless the DHA and its employees from claims suits, actions and

costs of every description resulting from the Contractor’s activities on behalf of the DHA in

connection with this Agreement.

Incurred Cost in Preparing Proposals: Cost incurred for proposal preparation is to be

borne by the respondent.

CONTRACT ISSUES

The selected firm shall be required to furnish to DHA evidence of Liability Insurance and

Worker’s Compensation coverage in accordance with DHA insurance requirements as

follows:.

1. Auto and General Liability Insurance in the amount of at least $500,000.

2. Worker’s Compensation Insurance (statutory limits)

3. Garagekeepers Liability Insurance in the amount of at least $$500,000.

The bidder should name the Durham Housing Authority (DHA) as an additional insured,

provide a 30-day notice of cancellation and be primary to any other insurance carried by

DHA.

Coverage will be in a form and with carriers acceptable to write insurance in the state of NC.

Since bidder will be performing work on DHA property or on property not owned by DHA,

the bidder’s insurance must agree to cover all injuries caused to bidder and/or their

employees while performing work for DHA. Bidder further agrees that any spills of oils or

fluids shall be considered the responsibility of the bidder and shall provide proper clean-up,

transport and disposal in accordance with all local and state regulations.

SECTION 3 CLAUSE

The work to be performed pursuant to this RFP is on a project assisted under a program

providing direct federal financial assistance from HUD and is subject to the requirements of

Section 3 of the Housing and Urban Development Act of 1968, as amended.

LIC# VIN# YEAR DESCRIPTION

CEM1746 1FMDU34X9SUB07568 1995 Ford Explorer Sw

CEM1740 1FTJE34H5SHB89272 1995 Ford Cargo Van

1HTSCABM8TH296321 1996 Int'l (Diesel)

CEM1741 1GBHP32W6T3315765 1996 Chev Step Van

EL8502 1GBHP32WXX3300028 1999 Chev Trk

CEM1743 1FTNS24L34HA94768 2004 Ford E250 Super Van




CEM1737 1FTRF12W75NC01529 2005 Ford F150


YA115469 1HTMMAAR86H302349 2005 4300 Int'l Crew Cab DumpTrk

CEM1738 1FTYR1OUX5PB01983 2005 Ford Ranger

CEM1728 1B3EL46R95N706700 2005 Dodge Stratus 4-dr

1B3EL46T75N702561 2005 Dodge Stratus 4-dr Jade

CEM1757 1FTYR10D75PB06980 2005 Ford Ranger








CEM1749 1FTSE34L06HA46860 2006 Ford E350 Van

EL8512 1FDSE35L96HA50304 2006 Ford E350 - Cube Van

CEM1729 1D4GP25EX6B615472 2006 Dodge Caravan White

CEM1730 1D4GP25E86B615471 2006 Dodge Caravan White

VRW - 3699 1G1ZS51F86F148347 2006 Chev 4S Malibu


EL8506 5B4HPD2V56313544 2006 CHEVY STEP VAN


ATTACHMENT A - 2014 DHA VEHICLE TYPE LISTING








CEM1760 1FAFP53U36A167950 2206 Ford Taurus

EL8510 1FTRF12267NA61618 2007 Ford F150XT

CEM1739 1FTYR10D37PA10024 2007 Ford Ranger

EL8511 1FTRF12297NA66764 2007 Ford F150 XL

CEM1731 1D8HN44H68B149915 2008 Dodge Grand Caravan SE Gray

YYG-2596 2G1WB57K691324847 2009 Chevy Impala

CEM1763 3FAHP0HA8AR316944 2010 Ford Fusion (White)

CEM1762 3FAHP0HA5AR324564 2010 Ford Fusion ( Smokestone)

CEM1761 3FAHP0HA0AR328957 2010 Ford Fusion (Silver)

EL8503 1GT01ZCG7BF128391 2011

GMC Sierra 2500 Extended Cab

Long Box

RFP # 14-040

DURHAM HOUSING AUTHORITY

VEHCILE REPAIR SERVICES

SUPPLEMENTARY INSTRUCTIONS TO BIDDERS

1. Forms to be returned for compliance with the request for proposal bid procedure:

Form of Bid – Signed and dated

Contractor References

Non-Collusive Affidavit - Notarized

Certifications and Representations of Offerors Non-Construction HUD-5369-C (8-93)

Certifications for a Drug-Free Workplace - HUD -50070 (3/98)

E-Verify - Contractor

E-Verify - Sub Contractor

2. Each bid must be submitted in a sealed envelope, showing the bid title, date and time due on the front

of the envelope.

RFP #14-040 Vehicle Repair Services

September 30, 2014 11:00 a.m., EDT

3. All bids must be signed by the authorized official of the firm. Bids may be rejected if they show any

omissions, alterations or irregularities of any kind.

4. A Pre-bid conference will be held on September 16, 2014, 9:30 am at Durham Housing

Authority, 330 E Main Street, Durham. NC

5. Questions about how to interpret this RFP may arise and if so respondents shall submit questions in

writing to William Bryant, Procurement Manager, via email to [email protected].

[email protected]%20

IFB#14-040

FORM OF BID


TO: The Housing Authority of the City of Durham

330 East Main Street

Durham, North Carolina 27702

Gentlemen:

1. The undersigned, having familiarized (himself) (themselves) with the local conditions affecting

the cost of the work, and with the Specifications (including Invitation for Bid, Instructions to

Offerors Non Construction, Certifications and Representations of Offerors Non Construction

Contract, Supplementary Instructions to Bidders, this bid, the form of Non-Collusive Affidavit, the

form of Contract, the General Contract Conditions Non-Construction Section II, the Bid

Summary, and the Addenda if any thereto), as prepared by the Housing Authority of the City of

Durham, and on file at www.durhamhousing.org; hereby proposes to furnish Vehicle Repair

Services for the Durham Housing Authority as described in the Specifications; all in accordance

therewith.

1. Hourly rate for repairs based on book time: $ _____________________________________

Please write out the amount ____________________________________________________

2. Hourly rate 24 hour towing: $ _________________________________________________


3. Mark up over landed cost*: 1. ____ ____ %


* Landed Cost Plus Percentage Mark-Up:

The following information pertains to the calculation for total cost to the Authority for those items

in the bid section, which contain a bid percentage mark-up over landed cost.

Definitions:

Landed Cost: The price, including any inbound freight (as evidenced by a freight bill) paid by the

contractor to the contractor’s supplier or fabricator for parts or the price paid by the contractor for

sublet work. It does not include sales tax. Percentage Mark-up: The percent of increase applied to

the contractor’s landed cost. Includes all profit, overhead, administrative cost and all other costs of

doing business.

Example:

The contractor’s price paid for a part = $ 9.00

The freight paid by the contractor to get the part = $ 1.00

Total landed cost to contractor = $10.00

Contractor’s bid percentage mark-up over landed cost for the part =5% (or $0.50)

Sales tax in Durham County = 7.5%

Total invoice price for the part to DHA = $11.29

(The same applies to subcontracted labor except there is generally no sales tax for labor)

http://www.hud.gov/utilities/intercept.cfm?/offices/adm/hudclips/forms/files/5370-C2.pdf

http://www.durhamhousing.org/

IFB#14-040

FORM OF BID


2. In submitting this bid, it is understood that the right is reserved by the Housing Authority of the

City of Durham, North Carolina to reject any and all bids. If written notice of the acceptance of

this bid is mailed, telegraphed or delivered to the undersigned within 30 days after the opening

thereof, or at any time thereafter before this bid is withdrawn, the undersigned agrees to execute

and deliver a contract in the prescribed form and furnish the required bond within ten (10) days

after the contract is presented to him for signature which Contract shall incorporate all of the

requirements contained in the plans and specifications above described.

3. Bid Security in the sum of Not Applicable Dollars ($__________________) in the form of

________________________ is submitted herewith in accordance with the Specifications.

4. Attached hereto is an affidavit in proof that the undersigned has not entered into any collusion

with any person in respect to this proposal or any other proposal or the submitting of proposals for

the contract for which this proposal is submitted.

5. The bidder represents that he ( ) has, ( ) has not, participated in a previous contract or

subcontract subject to the equal opportunity clause prescribed by Executive Orders 10925, 11114,

or 11246 or the Secretary of Labor; that he/she ( ) has, ( ) has not, filed all required compliance

reports; and that representations indicating submission of required compliance reports, signed by

proposed subcontractors, will be obtained prior to subcontract awards. (The above representation

need not be submitted in connection with contracts or subcontracts which are exempt from the

clause.)

6. Certification of Nonsegregated Facilities. By signing this Form of Proposal, the bidder certifies

that he/she does not maintain or provide for his employees any segregated facilities at any of his

establishments, and that he/she does not permit his employees to perform their services at any

location, under his control, where segregated facilities are maintained. The bidder agrees that a

breach of this certification is a violation of the Equal Opportunity clause in this contract. As used

in this certification, the term "segregated facilities" 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 which 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. He further agrees that (except where he/she has obtained

identical certifications from proposed subcontractors for specific time periods) he/she will obtain

identical certifications from proposed subcontractors prior to the award of subcontracts exceeding

$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/she will forward a notice to his proposed

subcontractors as provided in the Instruction to Bidders.

Vehicle Type Listing Hourly Rate Oil Change Tune Up Front Brakes Rear Brakes

4 Cyl Sedan

6 Cyl Sedan

8 Cyl Sedan

4 Cyl Pickup Truck

6 Cyl Pickup Truck

8 Cyl Pickup Truck

6 Cyl Van

8 Cyl Van

6 Cyl Step Van

8 Cyl Step Van

Diesel Dump Truck

Bidder: Date:

Please provide your hourly rate and cost for the following vehicle repair services for each vehicle type listed.

DHA is interested in contracting with the lowest, most responsible contractor, to provide vehicle repair services,

for a contract duration period of one (1) year with two (2) year options to extend the contract.

RFP #14-040

FORM OF BID - ATTACHMENT A


(TYPES OF VEHICLES)

Front and Rear Brake Repair (Pricing include parts & labor)A. Change pads or shoes

B. Change pads and turn rotor

C. Change pads and replace rotor

Vehicle Type Listing A B C

4 Cyl Sedan

6 Cyl Sedan

8 Cyl Sedan

4 Cyl Pickup Truck

6 Cyl Pickup Truck

8 Cyl Pickup Truck

6 Cyl Van

8 Cyl Van

6 Cyl Step Van

8 Cyl Step Van

Vehicle Type Listing A B C

4 Cyl Sedan

6 Cyl Sedan

8 Cyl Sedan

4 Cyl Pickup Truck

6 Cyl Pickup Truck

8 Cyl Pickup Truck

6 Cyl Van

8 Cyl Van

6 Cyl Step Van

8 Cyl Step Van

Diesel Dump Truck

Bidder: Date:

RFP #14-040

Front Brake Repair

Rear Brakes Repair

FORM OF BID - ATTACHMENT A (Page 2)


(TYPES OF VEHICLES)

IFB#14-040

FORM OF BID


Note: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001.

Date ___________________

Name of Bidder

___________________________________________

Official Address

License No. _________________________________

By ________________________________________

Print Name: _________________________________

Title_______________________________________

Phone Number: ______________________________

Bidder's Name Date

Bidder's Company Name

COMPANY NAME CONTACT PERSON TELEPHONE #

REFERENCES

Form to be returned for compliance with the quote.

RFQ #14-040


FORM OF NON-COLLUSIVE AFFIDAVIT A F F I D A V I T (Prime Bidder) State of__________________________)ss. County of ________________________) ________________________________________ , being first duly sworn, deposes and says: That he/she is_____________________________________________________________ (Partner or Officer of the Firm of, etc.) the party making the 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 affix 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 City of Durham or any person interested in the proposed contract; and that all statements in said proposal or bid are true. Signature of: ___________________________________

Name of Bidder if Bidder is an Individual _____________________________________________

Name of Partner if Bidder is a Partnership _____________________________________________

Name of Officer if Bidder is a Corporation Subscribed and sworn to before me _________________________________________________

this ___________ day of_________________________20______.

My commission expires_______________________________20_____________.

form HUD-5369-C (8/93)ref. Handbook 7460.8Previous edition is obsolete page 1 of 2

1. Contingent Fee Representation and Agreement

(a) The bidder/offeror represents and certifies as part of its bid/offer that, except for full-time bona fide employees workingsolely for the bidder/offeror, the bidder/offeror:

(1) [ ] has, [ ] has not employed or retained any person orcompany to solicit or obtain this contract; and

(2) [ ] has, [ ] has not paid or agreed to pay to any personor company employed or retained to solicit or obtain thiscontract any commission, percentage, brokerage, or otherfee contingent upon or resulting from the award of thiscontract.

(b) If the answer to either (a)(1) or (a) (2) above is affirmative,the bidder/offeror shall make an immediate and full writtendisclosure to the PHA Contracting Officer.

(c) Any misrepresentation by the bidder/offeror shall give thePHA the right to (1) terminate the resultant contract; (2) at itsdiscretion, to deduct from contract payments the amount of anycommission, percentage, brokerage, or other contingent fee; or(3) take other remedy pursuant to the contract.

2. Small, Minority, Women-Owned Business Concern Rep-resentation

The bidder/offeror represents and certifies as part of its bid/ offerthat it:

(a) [ ] is, [ ] is not a small business concern. “Small businessconcern,” as used in this provision, means a concern, includ-ing 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 sizestandards in 13 CFR 121.

(b) [ ] is, [ ] is not a women-owned small business concern.“Women-owned,” as used in this provision, means a smallbusiness that is at least 51 percent owned by a woman orwomen who are U.S. citizens and who also control andoperate the business.

(c) [ ] is, [ ] is not a minority enterprise which, pursuant toExecutive Order 11625, is defined as a business which is atleast 51 percent owned by one or more minority groupmembers or, in the case of a publicly owned business, at least51 percent of its voting stock is owned by one or moreminority group members, and whose management and dailyoperations 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

3. Certificate of Independent Price Determination

(a) The bidder/offeror certifies that—

(1) The prices in this bid/offer have been arrived at indepen-dently, without, for the purpose of restricting competi-tion, any consultation, communication, or agreementwith any other bidder/offeror or competitor relating to (i)those prices, (ii) the intention to submit a bid/offer, or(iii) the methods or factors used to calculate the pricesoffered;

(2) The prices in this bid/offer have not been and will not beknowingly disclosed by the bidder/offeror, directly orindirectly, to any other bidder/offeror or competitor be-fore bid opening (in the case of a sealed bid solicitation)or contract award (in the case of a negotiated solicitation)unless otherwise required by law; and

(3) No attempt has been made or will be made by the bidder/offeror to induce any other concern to submit or not tosubmit a bid/offer for the purpose of restricting competition.

(b) Each signature on the bid/offer is considered to be a certifi-cation by the signatory that the signatory:

(1) Is the person in the bidder/offeror’s organization respon-sible for determining the prices being offered in this bidor proposal, and that the signatory has not participatedand will not participate in any action contrary to subpara-graphs (a)(l) through (a)(3) above; or

(2) (i) Has been authorized, in writing, to act as agent for thefollowing principals in certifying that those principalshave not participated, and will not participate in anyaction contrary to subparagraphs (a)(l) through (a)(3)above (insert full name of person(s) in the bidder/offeror’sorganization responsible for determining the prices of-fered in this bid or proposal, and the title of his or herposition in the bidder/offeror’s organization);

(ii) As an authorized agent, does certify that the princi-pals named in subdivision (b)(2)(i) above have not par-ticipated, and will not participate, in any action contraryto subparagraphs (a)(l) through (a)(3) above; and

U.S. Department of Housingand Urban DevelopmentOffice of Public and Indian Housing

Certifications andRepresentationsof OfferorsNon-Construction Contract

Public reporting burden for this collection of information is estimated to average 5 minutes per response, including the time for reviewing instructions, searchingexisting data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information.

This form includes clauses required by OMB’s common rule on bidding/offering procedures, implemented by HUD in 24 CFR 85.36, and those requirementsset forth in Executive Order 11625 for small, minority, women-owned businesses, and certifications for independent price determination, and conflict of interest.The form is required for nonconstruction contracts awarded by Housing Agencies (HAs). The form is used by bidders/offerors to certify to the HA's ContractingOfficer for contract compliance. If the form were not used, HAs would be unable to enforce their contracts. Responses to the collection of information arerequired to obtain a benefit or to retain a benefit. The information requested does not lend itself to confidentiality.

form HUD-5369-C (8/93)ref. Handbook 7460.8Previous edition is obsolete page 2 of 2

(iii) As an agent, has not personally participated, and willnot participate in any action contrary to subparagraphs(a)(l) through (a)(3) above.

(c) If the bidder/offeror deletes or modifies subparagraph (a)2above, the bidder/offeror must furnish with its bid/offer asigned statement setting forth in detail the circumstances ofthe disclosure.

4. Organizational Conflicts of Interest Certification

(a) The Contractor warrants that to the best of its knowledge andbelief and except as otherwise disclosed, it does not have anyorganizational conflict of interest which is defined as asituation in which the nature of work under a proposedcontract and a prospective contractor’s organizational, fi-nancial, contractual or other interest are such that:

(i) Award of the contract may result in an unfair competi-tive advantage;

(ii) The Contractor’s objectivity in performing the con-tract work may be impaired; or

(iii) That the Contractor has disclosed all relevant infor-mation and requested the HA to make a determinationwith respect to this Contract.

(b) The Contractor agrees that if after award he or she discoversan organizational conflict of interest with respect to thiscontract, he or she shall make an immediate and full disclo-sure in writing to the HA which shall include a description ofthe action which the Contractor has taken or intends toeliminate or neutralize the conflict. The HA may, however,terminate the Contract for the convenience of HA if it wouldbe in the best interest of HA.

(c) In the event the Contractor was aware of an organizationalconflict of interest before the award of this Contract andintentionally did not disclose the conflict to the HA, the HAmay terminate the Contract for default.

(d) The Contractor shall require a disclosure or representationfrom subcontractors and consultants who may be in a positionto influence the advice or assistance rendered to the HA andshall include any necessary provisions to eliminate or neutralizeconflicts of interest in consultant agreements or subcontractsinvolving performance or work under this Contract.

5. Authorized Negotiators (RFPs only)

The offeror represents that the following persons are authorizedto negotiate on its behalf with the PHA in connection with thisrequest for proposals: (list names, titles, and telephone numbersof the authorized negotiators):

6. Conflict of Interest

In the absence of any actual or apparent conflict, the offeror, bysubmission of a proposal, hereby warrants that to the best of itsknowledge and belief, no actual or apparent conflict of interestexists with regard to my possible performance of this procure-ment, as described in the clause in this solicitation titled “Orga-nizational Conflict of Interest.”

7. Offeror's Signature

The offeror hereby certifies that the information contained inthese certifications and representations is accurate, complete,and current.

Signature & Date:

Typed or Printed Name:

Title:

form HUD-50070 (3/98)ref. Handbooks 7417.1, 7475.13, 7485.1 & .3

U.S. Department of Housingand Urban Development

Certification fora Drug-Free Workplace

Applicant Name

Program/Activity Receiving Federal Grant Funding

I certify that the above named Applicant will or will continueto provide a drug-free workplace by:

a. Publishing a statement notifying employees that the un-lawful manufacture, distribution, dispensing, possession, or useof a controlled substance is prohibited in the Applicant's work-place and specifying the actions that will be taken againstemployees for violation of such prohibition.

b. Establishing an on-going drug-free awareness program toinform employees ---

(1) The dangers of drug abuse in the workplace;

(2) The Applicant's policy of maintaining a drug-freeworkplace;

(3) Any available drug counseling, rehabilitation, andemployee assistance programs; and

(4) The penalties that may be imposed upon employeesfor drug abuse violations occurring in the workplace.

c. Making it a requirement that each employee to be engagedin the performance of the grant be given a copy of the statementrequired by paragraph a.;

d. Notifying the employee in the statement required by para-graph a. that, as a condition of employment under the grant, theemployee will ---

Acting on behalf of the above named Applicant as its Authorized Official, I make the following certifications and agreements tothe Department of Housing and Urban Development (HUD) regarding the sites listed below:

(1) Abide by the terms of the statement; and

(2) Notify the employer in writing of his or her convic-tion for a violation of a criminal drug statute occurring in theworkplace no later than five calendar days after such conviction;

e. Notifying the agency in writing, within ten calendar daysafter receiving notice under subparagraph d.(2) from an em-ployee or otherwise receiving actual notice of such conviction.Employers of convicted employees must provide notice, includ-ing position title, to every grant officer or other designee onwhose grant activity the convicted employee was working,unless the Federalagency has designated a central point for thereceipt of such notices. Notice shall include the identificationnumber(s) of each affected grant;

f. Taking one of the following actions, within 30 calendardays of receiving notice under subparagraph d.(2), with respectto any employee who is so convicted ---

(1) Taking appropriate personnel action against such anemployee, up to and including termination, consistent with therequirements of the Rehabilitation Act of 1973, as amended; or

(2) Requiring such employee to participate satisfacto-rily in a drug abuse assistance or rehabilitation program ap-proved for such purposes by a Federal, State, or local health, lawenforcement, or other appropriate agency;

g. Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs a. thru f.

2. Sites for Work Performance. The Applicant shall list (on separate pages) the site(s) for the performance of work done in connection with theHUD funding of the program/activity shown above: Place of Performance shall include the street address, city, county, State, and zip code.Identify each sheet with the Applicant name and address and the program/activity receiving grant funding.)

Check here if there are workplaces on file that are not identified on the attached sheets.

I hereby certify that all the information stated herein, as well as any information provided in the accompaniment herewith, is true and accurate.Warning: HUD will prosecute false claims and statements. Conviction may result in criminal and/or civil penalties.

(18 U.S.C. 1001, 1010, 1012; 31 U.S.C. 3729, 3802)

Name of Authorized Official Title

Signature Date

X

Contractor Affidavit under General Assembly of NC

House Bill 786 G.S. §143-48.5.; G.S. 147-33.95

By executing this affidavit, the undersigned contractor verifies its compliance with

G.S. §143-48.5.; 147-33.95. stating affirmatively that the individual, firm or corporation

which is engaged in the physical performance of services on behalf of Durham Housing

Authority has registered with, is authorized to use and uses the federal work

authorization program commonly known as E-Verify, or any subsequent replacement

program, in accordance with the applicable provisions and deadlines established in

G.S. §143-48.5.; 147-33.95. Furthermore, the undersigned contractor will continue to use

the federal work authorization program throughout the contract period and the

undersigned contractor will contract for the physical performance of services in

satisfaction of such contract only with subcontractors who present an affidavit to the

contractor with the

information required by G.S.§143-38.5.; 147-33.95. Contractor hereby attests that its

federal work authorization user identification number and date of authorization are as

follows:

Federal Work Authorization User Identification Number

Date of Authorization

Name of Contractor

Name of Project

Name of Public Employer

I hereby declare under penalty of perjury that the foregoing is true and correct.

Executed on , 201 in (city), (state).

Signature of Authorized Officer or Agent

Printed Name and Title of Authorized Officer or Agent

SUBSCRIBED AND SWORN BEFORE ME

ON THIS THE DAY OF , 201 .

NOTARY PUBLIC

My Commission Expires:

00454/1

Subcontractor Affidavit under General Assembly of NC

House Bill 786 G.S. §143-48.5.; G.S. 147-33.95

By executing this affidavit, the undersigned subcontractor verifies its compliance with

G.S. §143-48.5.; 147-33.95., stating affirmatively that the individual, firm or corporation which

is engaged in the physical performance of services under a contract with (name of contractor)

on behalf of Durham Housing Authority has registered with, is authorized to use and uses the

federal work authorization program commonly known as E-Verify, or any subsequent

replacement program, in accordance with the applicable provisions and deadlines established in

G.S. §143-48.5; 147-33.95. Furthermore, the undersigned subcontractor will continue to use

the federal work authorization program throughout the contract period and the undersigned

subcontractor will contract for the physical performance of services in satisfaction of such

contract only with sub-subcontractors who present an affidavit to the subcontractor with the

information required by G.S. §143-48.5; 147-33.95. Additionally, the undersigned

subcontractor will forward notice of the receipt of an affidavit from a sub-subcontractor to the

contractor within five business days of receipt. If the undersigned subcontractor receives notice

that a sub-subcontractor has received an affidavit from any other contracted sub-subcontractor,

the undersigned subcontractor must forward, within five business days of receipt, a copy of the

notice to the contractor. Subcontractor hereby attests that its federal work authorization user

identification number and date of authorization are as follows:

_________________________________

Federal Work Authorization User Identification Number

_________________________________

Date of Authorization

_________________________________

Name of Subcontractor

_________________________________

Name of Project

_________________________________

Name of Public Employer

I hereby declare under penalty of perjury that the foregoing is true and correct.

Executed on ______, ___, 201__ in _____(city), ______(state).

_________________________________

Signature of Authorized Officer or Agent

_______________________________

Printed Name and Title of Authorized Officer or Agent

SUBSCRIBED AND SWORN BEFORE ME

ON THIS THE ______ DAY OF ______________,201__.

_________________________________

NOTARY PUBLIC

My Commission Expires:

_________________________________

RFP#14-040


1

FORM OF CONTRACT

THIS AGREEMENT made this day of in the year Two Thousand and

Fourteen by and between ____________________________ a corporation organized

and existing under the laws of the State of ____a partnership consisting

of_____________________________________________________________or individual

trading as ________________hereinafter called the

Contractor, and The Housing Authority of the City of Durham hereinafter called the "LHA".

WITNESSETH, That the Contractor and the LHA for the relocation stated herein mutually

agree as follows:

ARTICLE 1. Statement of Work. The Contractor shall furnish Vehicle Repair Services for

the Durham Housing Authority in accordance with the contract dated _________and

Addenda thereto numbered ____ and dated and the said specifications,

Addenda and Contract Documents are incorporated herein by reference and made a part

hereof.

ARTICLE 2. The Contract Price. The LHA 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:

1. Hourly rate for repairs based on book time: $ _____________________________________

Please write out the amount ___________________________________________________

2. Hourly rate 24 hour towing: $ _________________________________________________


3. Mark up over landed cost*: 1. ____ ____ %


RFP#14-040


2

ARTICLE 3. Contract Documents. The Contract shall consist of the following component

parts:

a. Form of Contract

b. General Contract Conditions Non-Construction Section II (10/2006)

c. Specifications and Plans

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 of 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 each modifies.

It is agreed that the LHA shall notify the Contractor to proceed under this Contract within

sixty (60) days after the execution of this Contract by the parties; and if such notice to

proceed is not given within said sixty (60) days' period, then this Contract can be cancelled

by either party. The Contractor will not proceed with construction until such notice to

proceed is given.

ARTICLE 4. Delays. Liquidated damages referred to in Clause 33, of the General

Conditions shall be $__N/A a day.

IN WITNESS WHEREOF, the parties hereto have caused This Instrument to be executed in

__________________ original counterparts as of the day and year first above written.

http://www.hud.gov/utilities/intercept.cfm?/offices/adm/hudclips/forms/files/5370-C2.pdf

RFP#14-040


3

FORM OF CONTRACT

______________________________ __________________________________

Attest: (Contractor)

By__________________________________

Title___________________________________

Business Address:

______________________________________

(Street)

______________________________________

(City, State) (Zip Code)

_________________________ ______________________________________

(LHA)

By____________________________________

Title Executive Director

Business Address:

330 East Main Street

Durham, NC 27702

(Print or type the names underneath all signatures.)

Certifications

I, , certify that I am the of

the corporation named as Contractor herein; that _________ , who signed this

Contract on behalf of the Contractor, was then _______ ______ of said corporation;

that 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 corporation powers.

_________________________________________

Corporate Seal

FORM OF CONTRACT

General Conditions for Non-Construction Contracts

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

Section II – (With Maintenance Work) Office of Labor Relations OMB Approval No. 2577-0157 (exp. 11/30/2008)

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:

1) Non-construction contracts (without maintenance) greater

than $100,000 - use Section I; 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.

==================================================== Section II – Labor Standard Provisions for all Maintenance Contracts greater than $2,000 ==================================================== 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 for the 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, including 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.

(ii) The wage rate determined pursuant to this paragraph 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.

2. Withholding of funds

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 all 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.

3. Records

(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 or guarantee of funds.

4. Apprentices and Trainees

(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: (i) A bona fide apprenticeship program registered

with the U.S. Department of Labor, Employment and Training Administration (ETA), Office of

Section II - Page 1 of 3

form HUD-5370-C (10/2006)

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;

(ii) A trainee program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, ETA; or

(iii) 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.

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 subcontractor(s). (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

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).

(ii) 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.

(iii) 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

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” 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


form HUD-5370-C (10/2006)

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 under state law to be prevailing, with respect to any employee in any trade or position employed under the Contract, is inapplicable to the contract and shall not be enforced against the Contractor or any subcontractor, with respect to employees engaged under the contract whenever such non-Federal prevailing wage rate, 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)