Proposed Multiyear Contract Number 0013-D-2022 between the District of Columbia Housing Authority and Vigil Contracting, Inc.

April 11, 2025
The Honorable Phil Mendelson
Chairman
Council of the District of Columbia
1350 Pennsylvania Avenue NW, Suite 504
Washington, DC 20004-3003
Dear Chairman Mendelson:
Pursuant to D.C. Official Code § 2-352.02, I have enclosed, for consideration by the Council of the District of Columbia,
the (a) Council Contract Summary for the contract between the District of Columbia Housing Authority (“DCHA”) and
Vigil Contracting, Inc., and (b) proposed Multiyear Contract Number 0013-D-2022 with Vigil Contracting, Inc. Approval
Resolution of 2025.
DCHA proposes to enter into a contract for Phase 1 Security Camera & Access Control Upgrades services for various
DCHA properties with Vigil Contracting, Inc. for four (4) years. Under the proposed contract, Vigil Contracting, LLC
will receive $3,700,000.00
As always, I am available to discuss any questions you may have regarding the proposed contract. In order to facilitate
a response to any questions concerning this contract, please have your staff contact Hammere Gebreyes, Director of
External Affairs & Senior Advisor, at (202) 207-4694.
I look forward to your favorable consideration of this proposed contract.
Sincerely,
Keith Pettigrew
Ex
ecutive Director, District of Columbia Housing A uthority
Enc
losures
KP/hg

cc
: Nyasha Smith, Secr etary to th e C ouncil

COUNCIL CONTRACT SUMMARY
Pursuant to D.C. Official Code § 2-352.02(c), as amended, the following is
provided:
(1) The name of the proposed contractor, the contract/loan amount, and the term of the proposed
contract:
● Contractor: Vigil Contracting, Inc.
● Contract Amount: $3,700,000.00
● Contract Term(s): Four Years
● Source Selection Method: RFQ 0013-2022
(2) Description of the Goods and Services to be provided:
The contract entails Phase 1 Security Camera and Access Control Upgrades at various DCHA properties. The
scope of services includes the continuation of CCTV upgrades at Woodland and Potomac Gardens. The original
project for CCTV Security System Upgrades at Woodland began under JOC Contract DJ71-DC36.01, which
also included a project allowance to initiate design development for the Potomac Campus.
Additionally, the contract encompasses upgrades for security systems and access control at Montana, Judiciary,
and James Apartments. Specific work at Potomac Gardens includes the commencement of design development
for the Potomac Campus. Further security enhancements involve the installation of additional door access
control measures, including replacing the key fob system at the ramp garage entry door, installing a new mag
lock and access fob system at the laundry door, installing a similar system at a second laundry door, and
replacing the door itself.
All work must adhere to the District of Columbia codes and any other applicable regulations in effect at the
time of installation. The contractor is required to submit a construction schedule for approval before the
preconstruction meeting and provide a schedule of values at the commencement of construction. Upon
completion, all systems must be fully operable and functional.
To ensure site security, the contractor must secure the working area at all times until the owner grants
acceptance. Submittals for all new equipment must be provided for DCHA approval before procurement. All
equipment installations must comply with the manufacturer’s instructions and relevant codes. The contractor is
also responsible for training DCHA staff and external vendors on the newly installed systems.
The contractor must take necessary precautions to protect existing structures from damage throughout the
contract period. Additionally, the contractor must demonstrate the proper operation and functionality of all
installed systems during the final walkthrough. Lastly, the contractor is responsible for providing vandal-
resistant electrical conduit and wiring, as well as ensuring an adequate power source for cameras and other
CCTV equipment.
(3) A description of the selection process, including the number of offerors, the evaluation criteria, the
ev
aluation results, and the basis for selecting the proposed contractor:
The selection process for the contract followed a two-part approach. First, a Request for Qualifications (RFQu)
was issued (RFQ 0013-2022) to establish a Qualified Bidders List (QBL). Respondents were required to submit
information regarding their capacity, qualifications, and experience. These submissions were evaluated
according to the criteria outlined in Section E of the RFQu to determine the list of qualified respondents.
Following the establishment of the QBL, a Request for Proposals (RFP) was issued exclusively to the
contractors on this list. DCHA anticipated releasing RFPs beginning in the first quarter of 2023, allowing
qualified contractors to submit proposals for specific projects. The evaluation of these proposals focused on
selecting the most responsive and qualified bidder.
The evaluation criteria, as outlined in Section E of the RFQu, assigned a total possible score of 205 points. Key
evaluation factors included the qualifications of the respondents, the experience and expertise of key personnel,
general contracting knowledge, contractor capacity, project management plans, references, compliance with
Section 3, and participation in MBE/WBE/SBE/VBE/LSA/S3B contracting initiatives. Each of these categories
had specific sub-criteria with designated point allocations.
DCHA reserved the right to award contracts based solely on initial responses without conducting further
discussions. Therefore, respondents were required to submit their best and final terms in their initial proposals.
(4)
Background and qualifications of the proposed contractor:
Vigil Contracting Inc. brings over three decades of comprehensive experience to the general contracting
industry, consistently delivering high-quality construction projects across a diverse range of sectors. Their
extensive history is built on a foundation of deep industry knowledge, a commitment to regulatory compliance,
and a proven track record of successful project execution. Throughout their 30-year tenure, they have cultivated
a reputation for reliability and excellence, successfully navigating complex projects while adhering to stringent
safety and environmental standards. They understand the critical importance of integrating regulatory
knowledge with practical construction expertise to ensure project success.
Vigil Contracting Inc. possesses the robust qualifications necessary to effectively mobilize and manage projects
of any scale. Their financial stability is demonstrated through consistently strong financial statements and
recent independent audits, showcasing their capacity to handle project costs and ensure timely completion.
Their team comprises seasoned professionals with extensive experience in all facets of construction, from
planning and design to execution and final delivery. They maintain rigorous quality control measures and
prioritize clear communication with clients and stakeholders throughout the project lifecycle. This commitment
to excellence, coupled with their deep understanding of regulatory requirements, positions Vigil Contracting
Inc. as a reliable and capable partner for any construction endeavor.
(5) P
erformance standards and expected outcomes of the proposed contract:
All work must comply with the District of Columbia codes and any other applicable regulations in effect at the
time of installation. The contractor must adhere to all terms and conditions specified in the IDIQ contract. Prior
to the preconstruction meeting, a construction schedule must be submitted for approval, and a schedule of
values must be provided at the start of construction.
The contractor is responsible for ensuring that all systems are fully functional and operable at the conclusion of
the contract. Additionally, the working area must be secured at all times, with the contractor assuming
responsibility for any damage or loss of equipment until the owner has accepted the project.
All equipment must be approved by DCHA prior to procurement, and installation must be performed in
accordance with manufacturer guidelines and applicable codes. The contractor must also provide training for
DCHA staff and external vendors to ensure proper operation and maintenance of the installed systems.
Throughout the contract, the contractor must protect existing structures from damage and repair any damage
that occurs at no cost to DCHA. At the final walkthrough, the contractor must demonstrate the proper function
and operation of all installed equipment before project acceptance.
The contract includes warranty requirements, mandating that the contractor provides warranties as required for
all installed equipment. All materials and equipment supplied under this contract must be new and of the
highest quality suitable for their intended purpose.
DCHA reserves the right to inspect and review all work. Any required corrections must be addressed by the
contractor. Work is considered accepted if DCHA does not issue written comments within 30 days.
Furthermore, the contractor warrants that all work conforms to contract requirements and remains free of
defects in equipment, materials, and workmanship for one year unless otherwise stated.
The contractor is obligated to comply with all applicable federal and local laws and regulations. Finally, the
contractor assumes full responsibility for the performance of any subcontractors and is held accountable for
their actions or omissions as if they were the contractor’s own employees.
(6) D
escription of the funding source for the proposed agreement and a certification that the proposed
agreement is consistent with the District's financial plan and budget:
T
he CFO certification is attached.
(
7) A
certification of legal sufficiency:
T
he Legal Sufficiency Memorandum is attached.
8
) A certification that the proposed contractor's/proposed owner is in compliance with District tax laws:
T
he District tax law compliance certification is attached.
(
9) T
he status of the proposed contractor as a certified local, small or disadvantaged business enterprise.
V
igil Contracting, Inc. is certified as a Minority Business Enterprise (MBE). This designation reflects the
contractor’s commitment to diversity and inclusion in business opportunities. The company meets the District’s
criteria for participation as a certified MBE in government contracting.
(
10) A
statement indicating whether the proposed contractor is currently debarred from providing
services or good to the District or federal government:
D
CHA’s Office of Administrative Service has conducted a federal and local search of Vigil Contracting, Inc.
and has found no evidence of federal or District debarment.
(
11) Where the contract, if executed, will be made available online:
C
ontact DCHA at FOIA; foia@dchousing.org
THIS IS TO CERTIFY
that all applicable provisions of the District of Columbia Business
Organizations Code (Title 29) have been complied with and accordingly, this
CERTIFICATE OF
GOOD STANDING
is hereby issued to
C E R T I F I C A T E
Vigil Contracting, Inc.
IN TESTIMONY WHEREOF I
have hereunto set my hand and caused the seal of this office to
be affixed as of
3/17/2025 10:34 AM
Business and Professional Licensing Administration
Tracking #:
vKwFk2UT
GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF LICENSING AND CONSUMER PROTECTION
CORPORATIONS DIVISION
WE FURTHER CERTIFY
that the foreign entity is registered to do business in the District on
03/26/2018 ;

that all fees, and penalties owed to the District for entity filings collected through the
Mayor have been paid and Payment is reflected in the records of the Mayor; The entity's most
recent biennial report required by § 29-102.11 has been delivered for filing to the Mayor; and the
entry's registration has not been terminated.
This office does not have any information about the
entity
¶
s business practices and financial standing and this certificate shall not be construed as the
entity
¶
s endorsement.
Initial File #:
C00005934358
Entity Type:
For-ProfitCorporation

CERTIFICATE OF FEDERAL TAXES
Date:_ 03/17/25
DistrictofColumbiaHousingauthority
3007" StreetSW,10"Floor
Washington,DC20032
1,JJVigil-COO of VigilContractingInc.,hereby certifythatVigilContractingInc.iscurrentwith
itsfederaltaxableobligations,orhasworkedoutandiscurrentwithapaymentschedule
approvedbythefederalgovernment.
Name:JJVigil
Title:coo
Date:_03/17/25
StateofMaryland
CountyofAnneArundel
Iherebycertifythatonthis_17th__dayof ___March 2025,JJVigilpersonally
appearedbeforemeandacknowledgedheistheCOOofVigilContracting,Inc.,andinhis
capacityastheCOOofVigilContractingIn.,heexecutedthiscertificateasofthedatesetforth
above.

Natary Seal ‘SHANNON MAZZOCHI
AuleryPubile-MaryioneBelimoreCountEommissionExpiresMY Secomber 18,2026,
IGILContracting, Inc.
Covered Contractor

Theundersignedherebycertit iContracting,Inc.iscurrentlynot,andwillnotbe,in violationofDistrictof
ColumbiaCode1-1163.34a,whichprovidesacoveredcontractorshallnotcontributetoaprohibitedrecipientduringthe
prohibitedperiod.
aque

By:1)Vigil
Title:COO
NOTARY:
Iherebycertifythaton this_17th_dayof __March 2025,JJVigilpersonallyappearedandsignedthis,

documentandacknowledgedthathewastheCOOofVigilContracting,Inc.
Maryland/AnneArundel NotaryPublic:
SEAL ‘SHANNONMAZZOCHTNotaryPublic-MarylandBaltimoreCountyMyCommissionExpiresDecember18,2025,
2140PriestBridgeCourt,Suite7,Crofton,MD21114Office:(410)451-9510 Fax:(410)451-9513 Website:www.vigilbusiness.com
CERTIFICATE OF PENDING LITIGATION
Date:_03/17/25
DistrictofColumbiaHousingauthority
300 7" StreetSW, 10" Floor
Washington, DC 20032
|,JJVigil-COOofVigilContractingInc.,herebycertifythatVigilContractingInc.hasnopending
claimsagainsttheDistrictofColumbiaHousingAuthority

By:_98.ib
Name:JJVigil
Title:coo.
Date:_03/17/25,
StateofMaryland
CountyofAnneArundel
Ihereby certifythaton this _17th__ day of_ March 2025, JJVigilpersonally
appearedbeforemeandacknowledgedheistheCOOofVigilContracting,Inc.,andinhis
capacityastheCOOofVigilContractingIn.,heexecutedthiscertificateasofthedatesetforth

BaltimoreCountyMyCommissionExpiresDecember18,2025, Nai
above.
ZZOCHI .
NotaySeat_[SANDRASi ovBhaanapptme:Shtuans VA 220h

AFFIDAVIT
|,JJVigil-COO ofVigilContractingInc.,herebyattestthatallmembersoftheteam,who are
listedbelowarenotlistedintheListofPartiesExcludedfromFederalProcurementorNon-
ProcurementPrograms:
ProjectName:Phase1SecurityandAccessControlUpgradesatVariousDCHA Properties
ProjectNumber:0013-D-2022
Contractor: VigilContracting,Inc.
Subcontractor: CulturedConstruction
|furtherattestthat no principal,major stockholder,officer,or directorof the team isdebarred
fromparticipatinginafederalprocurementonnon-procurementprogram,
a
Name:J Vigil
Title: COO.
Date:_02/12/25
StateofMaryland
CountyofAnneArundel
Iherebycertifythatonthis_17thdayof _March ,2025,1)Vigilpersonally
appeared before me and acknowledged he isthe COO of VigilContracting,Inc.,and in his
capacityastheCOOofVigilContractingIn.,heexecutedthiscertificateasofthedatesetforthabove.
NotarySeal SHANNONMAZZOGHTANONMaroc Didar DMayysreBalimoreCounty namexShannonMazzooweMyCommiDecember18,2026

*
*
* GovernmentoftheDistrictofColumbia

MEE (OfficeoftheChiefFinancialOfficer 11014%Street,SW— Ee Washington,DC20024
DateofNotice:March17,2025 NoticeNumber:0013911488 —
VIGIL CONTRACTING, INC. FEIN: **-***2447,
2140 PRIEST BRIDGE CT STE 7 Case ID: 18492076
CROFTONMD 21114-2499
CERTIFICATE OF CLEAN HANDS
AsreportedintheCleanHandssystem,theabovereferencedindividual/entityhasnooutstandingliabilitywiththeDistrictofColumbiaOfficeofTaxandRevenueortheDepartmentofEmploymentServices.Asofthedateabove,theindividual/entityhascompliedwithDCCode§47-2862,thereforethisCertificateofCleanHandsisissued.
TITLE 47. TAXATION, LICENSING, PERMITS, ASSESSMENTS, AND FEES
CHAPTER 28 GENERAL LICENSE
SUBCHAPTER II.CLEAN HANDS BEFORE RECEIVING A LICENSE OR PERMIT
D.C. CODE § 47-2862 (2006)
§47-2862PROHIBITIONAGAINST ISSUANCE OF LICENSEOR PERMIT

AuthorizedBy Melinda Jenkins
Branch Chief,Collectionand Enforcement Administration
Tovalidatethiscertificate,pleasevisitMyTax.DC.gov.OntheMyTaxDC homepage,clickthe“Validate a Certificateof Clean Hands” hyperlink under the Clean Hands section.

11014thStreetSW,SuiteW270,Washington,DC20024/Phone:(202)724-S048/MyTax.DCgov
www.dchousing.org
M
EMORANDUM
T
O:
FR
OM:
DATE:
Keith Pettigrew
Executive Director
Andrea Powell
Deputy General Counsel
April 11, 2025
District of Columbia Housing Authority
300 7th Street, SW, 10th Floor, Washington, DC 20024
202-535-1000
Keith Pettigrew, Executive Director
S
UBJECT: Proposed Contract for Phase 1 Security Camera and Access Control Upgrades at
various DCHA properties, between District of Columbia Housing Authority (“DCHA”)
and Vigil Contracting, Inc. (“Contractor”) to be submitted to the Council for the District
of Columbia for approval pursuant to D.C. Official Code §2-352.02(a)(1), as amended.
1. P
rocurement Process
I
have enclosed for consideration by the Council of the District of Columbia, the Council Contract
Summary for a proposed contract, in an amount up to $3,700,000.00 between DCHA and Vigil
Contracting, Inc. This proposed contract is for Phase 1 Security Camera and Access Control Upgrades
at various DCHA properties.
On September 27, 2022, DCHA issued a Solicitation No. 0013-2022 “General Construction for Small to
Medium Construction Services” (“Solicitation”) to the District Department of Small and Local Business
Development for distribution to all District Government certified business entity members and to District
Department of Housing and Community Development for all section 3 vendors. Under the Solicitation,
DCHA intends to make multiple awards to ensure the availability of a wide range of products or services.
DCHA will establish a Qualified Bidders List of respondents determined to be the most responsible and
technically qualified in accordance with the Solicitation requirements. Based on the Solicitation, five
vendors were identified as having successfully met the technical requirements and demonstrating the
capability to deliver the required general construction services, including Vigil Construction, Inc.
2. D
escription of Proposed Contract
Th
is proposed contract between DCHA and Vigil Contracting, Inc. is for Phase 1 Security Camera
and Access Control Upgrades at various DCHA public housing sites. A contract will be entered into
with Vigil Contracting, Inc.

www.dchousing.org
The length of the Contract will be a four year contract. The scope of work in the Contract contains
sufficient details and plans. DCHA will fund the Contract with DCHA’s operating funds for Fiscal
Year 2025 in compliance with the applicable Federal and District of Columbia regulations and
DCHA’s policies and procedures.
3. L
egal Review
T
he DCHA Office of the General Counsel (OGC) has reviewed the proposed Contract with Vigil
Contracting, Inc. for legal sufficiency. OGC’s review of the Contract indicated that it is legally
sufficient. In addition, we are not aware of any pending legal claims of Vigil Contracting, Inc. against
the District of Columbia or DCHA.
AP
PROVED AS TO LEGAL SUFFICIENCY:
Andrea Powell
Deputy General Counsel
District of Columbia Housing Authority

CERTIFICATIONS
I hereby certify that the proposed contract between the District of Columbia Housing Authority
(“DCHA”) and Vigil Contracting, Inc. to provide Phase 1 Security Camera and Access Control Upgrades
to various DCHA properties in the amount of Three Million Seven Hundred Thousand and 00/100
Dollars ($3,700,00.00) from funds allocated to DCHA in the 2025 Fiscal Year budget, is in compliance
with the applicable federal and District of Columbia regulations and DCHA's policies and procedures.
____________________________ Dated: April 11, 2025
Keith Pettigrew
Exe
cutive Director, DCHA
I have reviewed this proposed action. DCHA will make available to Vigil Contracting, Inc. Three
Million Seven Hundred Thousand and 00/100 Dollars ($3,700,000.00) to provide Phase 1 Security
Camera and Access Control Upgrades at various DCHA properties. This action is within the
appropriated DCHA budget authority for the 2025 Fiscal Year and is consistent with the financial
plan and budget adopted by the District of Columbia and such funds are available for
administration by DCHA in the 2025 Fiscal Year budget.
______________________________ Dated: April 11, 2025
Heather Mueller
Ch
ief Financial Officer, DCHA

www.dchousing.org

RESOLUTION 23-36

TO AUTHORIZE THE EXECUTION OF CONTRACTS FOR GENERAL CONTRACTORS OF
SMALL TO MEDIUM SIZE CONSTRUCTION SERVICES

WHEREAS, District of Columbia Housing Authority (DCHA ) requires the need for
General Contractors for Small to Medium Size Construction services with
Architecture/Engineering capacity with vision, qualifications, capacity and resources;

WHEREAS, on September 27, 2022, Solicitation No. 00 13-2022 General Contractors
for Small to Medium Construction Services was issued to the District of Columbia Department
of Small and Local Business Development (DSLBD) for distribution to all District Government
Certified Business Entity (CBE) members and sent to the District of Columbia Department of
Housing and Community Development (DHCD) for all Section 3 vendors. The solicitation was
also posted on the DCHA website, issued to all bidders registered as interested in doing
business with DCHA, posted to the DCHA Website and issued directly to eight firms;

WHEREAS, the procurement was also advertised in The Washington Post Sunday
Edition, Washington Informer, Afro American, The Washington Times, El Tiempo Latino and
East of the River publications in an effort to increase outreach to a variety of firms.

WHEREAS, by the solicitation closing date of November 10, 2022, DCHA received
twenty-five proposals for evaluation;

WHEREAS, the solicitation stated that DCHA intends to make multiple awards to
ensure availability of a wide range of products or services. DCHA will establish a Qualified
Bidders Listing (QBL) of R espondents determined to be the most responsible and technically
qualified in accordance with the solicitation requirements for Small to Medium Size
Construction services and in the best interest of DCHA;
WHEREAS, DCHA will determine and award Indefinite Delivery Indefinite Quantity
(IDIQ) contracts on an as needed basis as projects are identified based upon QBL Contractor
response to DCHA Request for Proposal (“RFP”) solicitations;
WHEREAS, DCHA determined that the following five (5) R espondents met the
technical requirements of the Request for Qualifications to perform services at various DCHA
properties: Hamel Builders, The Keystone Plus Construction Corp., Irreno Construction,
Centennial Contractors, and Vigil.

WHEREAS, in order to meet the Section 3 requirements, each firm has committed to
the following: Hamel Builders proposed to hire S3 residents, provide workforce skills trainings,
entrepreneurial trainings, sponsor commitment to excellence scholarship, continue previously
hired S3 employees ; The Keystone Plus Construction Corp. proposed to hire 30% of new
hires; Irreno Construction proposed to continue to use previously hired Section 3 residents ;
Centennial Contractors proposed to hire, provide workforce skills trainings, host and sponsor
Do Your BEST Intern, Sponsor Commit to Excellence Scholarship; Vigil proposed to hire,
provide workforce skills trainings, sponsor self -sufficiency programming, donate to
professional clothing drive.

WHEREAS, DCHA performed a review of the Federal Systems Award Management
and the District’s Excluded Parties List on June 29, 2023, and that the Respondents do not
appear as debarred or suspended on the Federal list or the District’s Excluded Parties List.

www.dchousing.org
RESOLUTION 23-36
TO AUTHORIZE THE EXECUTION OF CONTRACTS
FOR GENERAL CONTRACTORS OF SMALL TO
MEDIUM SIZE CONSTRUCTION SERVICES

NOW, THEREFORE, BE IT RESOLVED , that the Board of Commissioners of DCHA
hereby authorizes the Executive Director to execute contract s with the following firms: Hamel
Builders, The Keystone Plus Construction Corp., Irreno Construction, Centennial Contractors,
and Vigil awarded by Indefinite Delivery Indefinite Quantity (IDIQ) contracts in the amount of
Five Hundred Thousand Dollars ($500,000.00) up to a maximum of T en Million Dollars per
contract ($10,000,000.00) up to an aggregate award of forty -million dollars ($40,000,000.00)
for General Contractors of Small to Medium Size Construction Services for a period of four -
years; subject to the availability of funds.

ADOPTED, by the Board of Commissioners and signed in open session in
authentication of this passage on this 12th day of July 2023.

ATTEST: APPROVED:

Brenda Donald Raymond Skinner
Executive Director/Secretary Chairman

APPROVED TO FORM AND LEGAL SUFFICIENCY:

______________________________
Lorry B. Bonds
Sr. Vice President & General Counsel

CERTIFICATION OF FUNDS TO RESOLUTION 23-36

TO AUTHORIZE THE EXECUTION
OF CONTRACTS FOR GENERAL CONTRACTORS OF
SMALL TO MEDIUM SIZE CONSTRUCTION SERVICES

District of Columbia Housing Authority
Certification of Funds Available
Funding Request
The proposed contract s with Hamel Builders, The Keystone Plus Construction Corp.,
Irreno Construction, Centennial Contractors, and Vigil awarded by Indefinite Delivery
Indefinite Quantity (IDIQ) contracts for a minimum award of five hundred thousand dollars
($500,000.00) up to a maximum of ten million dollars ($10,000,000.00) per contract up to
an aggregate award of forty-million dollars ($40,000,000.00) for General Construction for
Small to Medium Size Construction Services for a period of four-years; subject to the
availability of funds.

Funding Source Amount
Operating (Account # ) $
Capital (Account #) DC50 $IDIQ
IF APPLICABLE- AMOUNT OF PREVIOUS CONTRACT
$N/A
AMOUNT EXPENDED THROUGH (date
$N/A

CERTIFICATION DATE

John Sarah
Vice President & Chief Financial Officer

7/7/2023
GOVERNMENT OF THE DISTRICT OF COLUMBIA
PROFILE SUMMARY
(
CONTRACTs TO PURCHASE, SELL, ACQUIRE, TRANSFER, LEASE OF REAL
PROPERTY/ EXCLUSIVE RIGHT AGREEMENTs/LOANs & GRANTs OVER
$1M/INTRA-DISTRICTs)
Contract
Agency:
District of Columbia Housing
Authority
Agency Code 0 03
U
sing Agency:
District of Columbia Housing
Authority Agency Code 0 03
L
oan/Grant/Lease Sub-recipient Name: Vigil Contracting, Inc.
Should the D.C. Council have any questions regarding this loan/grant/lease, please
contact:
T
homas Jones (301) 215-1973
Program Manager Telephone #
TYPE OF DOCUMENT SUBMITTED
1. ❒ Loan/Grant/Lease Modification 4. ❒ Unwritten or Informal Contract
2. ❒ Exercise of Grant Option Year (E.O.) 5. ❒ Lease of Real Property
3. ❒ Loan/Grant/Lease Modification: 6. ❒ Other:
Operating Budget; General Contractors for
Small-Medium Size Construction
L
OAN/GRANT TYPE
1. ❒ Subsidy 4. ❒ Cost Reimbursement
2. ❒ Loan Price 5. ❒ Time and Material
3. ❒ Task Order 6. ❒ Advance Payment
{0030246 -}
X
GRANT/LOAN/LEASE INFORMATION
Grant/Loan/Lease No. : DCHA Subsidy: $ 3,700,000.00
Subsidy Amt. Required This FY: $ 3,700,000.00 Amt. Required Next FY: N/A
Caption: Vigil Contracting Inc. Term: 4 years
Does this Housing Subsidy Amount exceed $1 million: Yes No
If yes, please attach a copy of the DC Council approval and provide the following information:
Date received: Date approved:
LEASE INFORMATION - N/A
Lease No.: Total Cost
Location: Annual Cost
Sq. Ft. Leased: Cost Per Sq. Ft.
Total Bldg. Sq. Ft.: % Sq. Ft. Leased By D.C.
BRIEF DESCRIPTION OF GRANT/LOAN/LEASE
SOURCE OF FUNDING
1. Appropriated 4. Intra-District
2. Capital 5. Inter-Jurisdictional
3. Grant ( )
6. Other: (Indicate:) DC 50 Funds FY24
If procurement action is funded by grant or other non-capital or non-appropriated funds, will the
District need to expend some portion of its funds prior to receiving funds from the grantor or
other funding source?
Yes No X Not applicable
If Yes, indicate the amount the District will need to expend and the percentage this amount
represents of the total funds required to support the effort. District Funds $
% .

CONTRACT FOR SERVICES

Phase 1 Security Camera and Access Control Upgrades
at Various DCHA Properties

Vigil Contracting, Inc.
Contract No.: DCHA 0013-D-2022

DCHA 0013-D-2022 Phase 1 Security Camera and Access Control Upgrades at Various DCHA Properties Page 1 of 37
CONTRACT FOR SERVICES
DCHA 0013-D-2022
Phase 1 Security Camera and Access Control Upgrades at Various DCHA Properties
This Contract for General Contractors for Small to Medium Size Construct ion (the
“Contract”) dated and effective as of this _23rd___ day of December 2024 (“Effective Date”),
by and between the District of Columbia Housing Authority, an independent authority of the
District of Columbia, with an address at 300 7 th Street, SW, 10th Floor, Washington, DC
20024 (hereinafter called “DCHA”) and Vigil Contracting, Inc., a company, wit h an address at
2140 Priest Bridge Court, Suite 7, Crofton, MD 21114 (hereinafter called the “Contractor”).
DCHA and Contractor, each a (“Pa rty”), collectively hereinafter referred to as the (“Parties”).
WHEREAS, on November 10, 2022, Contractor responded to a Request for Qualifications
(RFQu), issued by DCHA on September 26, 2022, Solicitation No. 0013-2022 to provide Small to
Medium Size Construction Services as described therein.
NOW THEREFORE, in consideration of the promises and representations contained in this
Contract, which the Parties acknowledge to be good and valuable consideration, the Parties
agree as follows:
ARTICLE 1 – SCOPE OF SERVICES (See Attachment H – Copy of RFQ)
Continuation of CCTV upgrades at Woodland and Potomac Gardens. Upgrades for Security
Systems and Access Control for: Montana, Judiciary and James Apts.
Properties: P otomac Gardens ( Walkups), P otomac Senior, P otomac F amily ( Mid-rise),
Woodland, Montana, Judiciary, James Apts.
General Requirements:
1. All work shall be done per District of Columbia codes and all other applicable codes
followed and enforced by the District of Columbia in effect at the time of the installation.
2. All Work must be executed per the general terms and conditions of the specified IDIQ
contract.
a. Contractor must provide construction schedule for approval prior to
preconstruction meeting for DCHA-PM approval.
b. The contractor must provide construction schedule of values at construction
start.
DCHA 0013-D-2022 Phase 1 Security Camera and Access Control Upgrades at Various DCHA Properties Page 2 of 37

3. All systems shall be operable and function at the completion of this contract.
4. The contractor must secure the unit/working area at all times during contract/active
working period until owner acceptance, any damage or stolen equipment or materials
shall be the responsibility of the contractor to repair or replace. DCHA will not be hel d
responsible for any loss or damaged materials, or equipment left on the site.
5. Provide submittals for all new equipment for DCHA approval prior to equipment
procurement.
6. All equipment shall be installed per manufacturer’s installation documents or applicable
codes if they take precedence.
7. Contractor to provide training of both DCHA staff and outside vendors associated
8. The Contractor shall protect the existing structure from any damage during this
contract's execution. Any damage incurred shall be the responsibility of the contractor
and must be reported to the DCHA PMO contact and the Regional Maintenance
Supervisor immediately. The damage(s) must be promptly repaired to insure the
continued effective operation of the system at no cost to DCHA. All damage that occurs
to the property due to the Contractor’s negligence shall be repaired at no cost to DCHA
and all repairs must be acceptable to the DCHA PMO contact or Regional Maintenance
Supervisor.
9. The Contractor at final walkthrough shall demonstrate the operation and the proper
effective function of the installed items and materials prior to acceptance by the DCHA
PMO contact. The Contractor shall also provide warranties as required for such
equipment.
10. The Contractor shall provide all new electrical vandal resistant conduit and wiring. The
contractor shall provide power source required for cameras, conduit and additional CCTV
equipment.
1.1 P OTOMAC GARDENS:
Original project started under JOC Contract DJ71-DC36.01 – CCTV Security System Upgrades
at Woodland. This project contained a project allowance to start design development for
Potomac Campus.
STORE FRONT ENTRY and ACCESS CONTROLS
Contractor shall provide all labor, equipment and material to remove existing and install
new:
1. Store front entry - 4 Doors with Glass divider (2 exterior & 2 interior). Change over from
existing door configuration.
2. 2 FOBs at entry (1 Interior; 1 Exterior)
DCHA 0013-D-2022 Phase 1 Security Camera and Access Control Upgrades at Various DCHA Properties Page 3 of 37
3. 2 Pedestals for FOBs - ADA compliance at entry
4. 4 Automatic Door Openers (2 with exit egress hardware, 2 motion sensors for exit)
5. 2 ADA pushbuttons
6. 2 AXIS Door Control Modules
7. 4 Entry Cameras (2 exterior, 2 interior)
G
ENERAL CONSTRUCTION: Vestibule
1. ACT Ceiling Replacement
2. 4 LED Recessed Lights
3. Electrical Wiring and Conduit
4. Drywall
5. Flooring within Vestibule
SE
CURITY CAMERA SYSTEM
Contractor shall provide all labor, equipment and material to remove existing and install new
CCTV Security System for all buildings at Potomac to include, Senior, Family -Mid-Rise, and
Walkups:
1. Furnish and install Server rack systems in guard booth and management office connected
via high performance cabling.
2. Work station for viewing and control.
3. Routers, switch gear, patch cabling for networking, power sources, surge protection,
vertical power distribution.
4. 60 GHx Outdoor network radio units for point-to-point transmission from low rise to high
rise buildings.
5. Outdoor PoE Switches, 24 port networking switches
6. Camera mounts for exterior locations mounted on buildings/facility structures.
7. Surveillance cabinets for rooftop installation of switch gear (weather proof)
8. Object Analytics detection and classification software.
DCHA 0013-D-2022 Phase 1 Security Camera and Access Control Upgrades at Various DCHA Properties Page 4 of 37
9. Exterior grade Cat 6E environment rated low voltage wiring for all cameras, EMT conduit
run to all camera locations and secured to building as needed.
10. Cabling and wall mount rack.
11. Server rack for networking and switch gear.
12. Battery back-up
13. SD 1TB Cards for camera systems for redundant storage.
14. Cameras- License Plate capture cameras around perimeter of property for traffic.
15. Cameras- 5MP panoramic 4-way exterior cameras
16. Cameras- Entry cameras at low rise apartment entry’s
17. Cameras- Stairwell cameras in interior stair wells at low rise and senior buildings.
18. Cameras- Building perimeter cameras
19. Cameras- Senior building interior cameras
20. Cameras- Elevator interiors (all)
21. Cameras- Laundry Area
22. Cameras- Community room area
23. Cameras- Stairwell exit monitoring at senior buildings
24. Electrical- New circuits run from mechanical rooms/breaker panels at individual locations
to each roof mounted rack enclosure for switch gear and wireless transmitter needs. All high
voltage wiring run in EMT conduit.
25. Provide 64 GB Sd cards for each camera.
1.2 POTOMAC SENIOR BUILDING CCTV WORK (SEE CAMERA LOCATION DIAGRAM)
1. Install new line voltage to all switchgear and weatherproof server boxes and antennas.
2. Install receiving antenna system on both senior buildings.
3. Install weatherproof server case and transformer for networking on both rooftops.
4. Install weatherproof EMT and cabling to all weatherproof server cases on the rooftops.
5. Install network switchgear, power source and surge protection to all roof top server
cases.
DCHA 0013-D-2022 Phase 1 Security Camera and Access Control Upgrades at Various DCHA Properties Page 5 of 37
6. Install desktop server and monitors for viewing.
7. Install EMT and cat 6e UTP cabling to all camera locations (interior and exterior), between
all network switches, servers and viewing locations.
8. Install cameras on each floor in all staircases, hallways and elevators.
9. Install cameras on perimeter of the senior buildings.
1.3 POTMAC GARDENS WALK-UP BUILDINGS CCTV WORK (SEE CAMERA LOCATION
DIAGRAM)
1. Install new line voltage to all switchgear and weatherproof server boxes and antennas
from basement electrical room.
2. Install transmitting antenna system on each walk -up building.
3. Install weatherproof server case and transformer for networking on rooftops of the walk-
up buildings.
4. Install weatherproof EMT and cabling to all weatherproof server cases on the rooftops.
5. Install network switchgear, power source and surge protection to all roof top server
cases.
6. Install EMT and cat 6e UTP cabling to all camera locations (interior and exterior), between
all network switches and antennas.
7. Install cameras at 21 walk -up building entry locations.
8. Install five interior cameras in each walk -up stairwell (one on each floor).
Attachments: https://acrobat.adobe.com/id/urn:aaid:sc:VA6C2:d482e491-641c-4 dcc-b1be-
5878963c60de
1.4 WOODLAND TERRACE:
Original project started under JOC Contract DJ71-DC36.01 – CCTV Security System Upgrades at
Woodland. This scope was modified to allow for a serverless based camera system. Additional
updated cameras are needed to include facial recognition cameras, tag readers, and higher-definition
cameras in high-crime areas within the property.
DCHA 0013-D-2022 Phase 1 Security Camera and Access Control Upgrades at Various DCHA Properties Page 6 of 37

Contractor shall provide all labor, equipment and material to integrate a serverless security camera
system and install additional upgraded cameras:
1. Furnish and install Server rack systems in management office connected wireless
2. Work station for viewing and control.
3. Routers, switch gear, patch cabling for networking, power sources, surge protection, vertical
power distribution for rooftops.
4. Install EMT and 120-volt cable to all weatherproof server cases at rooftop from electrical
rooms.
5. 60 GHx Outdoor network radio units for point-to-point transmission from low rise to management
office.
6. Install outdoor PoE Switches and 24 port networking switches
7. Install camera mounts for exterior locations mounted on buildings/facility structures.
8. Install surveillance cabinets for rooftop installation of switch gear (weather proof)
9. Supply the object analytics detection and classification software.
10. Install exterior grade Cat 6E environment rated low voltage wiring for all cameras, EMT
conduit run to all camera locations and secured to building as needed.
11. Install cabling and wall mount server rack.
12. Install battery back-up
13. Supply 64 GB SD cards for all cameras.
14. Install license plate reader cameras around perimeter of property.
15. Install 5MP panoramic 4-way exterior cameras.
16. Install entry cameras at low rise apartment entrances.
17. Install stairwell cameras in interior stair wells in buildings.
18. Install building perimeter cameras
19. Install community room area cameras

DCHA 0013-D-2022 Phase 1 Security Camera and Access Control Upgrades at Various DCHA Properties Page 7 of 37
1.5 MONTANA TERRACE:
Contractor shall provide all labor, equipment and material to integrate a serverless security camera
system and install additional upgraded cameras:
CAMERA SYSTEM
1. Install 16 4 -way cameras on exterior of buildings
2. Install 10 surveillance cards
3. Install 16 corner brackets
4. Install 16 wall mounts
5. Install 16 pendant kits
6. Install 1 network hub system
7. Provide 64 GB SD cards for cameras
8. Install cat 6e and EMT to connect all cameras and switches
9. Remove existing cameras and system
E
LECTRICAL CONDUIT and WIRING 8 BUILDINGS (Montana Continued)
1. Contractor to provide power source
2. Contractor to provide all required camera conduit
1.6 JUDICIARY HOUSE:
Contractor shall provide all labor, equipment and material to remove existing camera system and
install upgraded Security System and access control for the building:
STORE FRONT and ACCESS CONTROLS
Contractor shall provide all labor equipment and material for replacement of:
1. Store front entry - 4 Doors with Glass divider (2 exterior & 2 interior)
2. 2 FOBs at entry (1 Interior; 1 Exterior)
3. 2 Pedestals for FOBs - ADA compliance at entry
4. 4 Automatic Door Openers (2 with exit egress hardware, 2 motion sensors for exit)
5. 2 ADA pushbuttons
DCHA 0013-D-2022 Phase 1 Security Camera and Access Control Upgrades at Various DCHA Properties Page 8 of 37
6. 2 AXIS Door Control Modules
7. 4 Entry Cameras (2 exterior, 2 interior)
G
ENERAL CONSTRUCTION
1. ACT Ceiling Replacement
2. 4 LED Recessed Lights
3. Electrical Wiring and Conduit
4. Drywall
5. Flooring within Vestibule
CAM
ERA SYSTEM 34 Qty
1. Install 2 lobby cameras
2. Install 1 exterior camera at security window
3. Install cameras at rear parking
4. Install 2 cameras at rear entry sliding doors
5. Install 2 interior cameras at rear entry
6. Install 4 cameras at rear of building
7. Install 18 hallway cameras
8. Install 1 camera in mailbox area
9. Install 1 network hub system
10. Provide 64 GB SD cards for cameras
11. Install cat 6e and EMT to connect all cameras and switches
DCHA 0013-D-2022 Phase 1 Security Camera and Access Control Upgrades at Various DCHA Properties Page 9 of 37
Additional Scope:
1. Rear entry sliding doors replacement doors w/ Egress, Replace Key FOB w/ AXIS Door Control
Module, Automatic Door Module
2. Rear secondary interior door access control with w/ Key FOB
3. Security Guest entry door w/ Automatic Opener and additional storefront partition
4. Add Security Station Entry Door w/ Keyed Entry
5. Replace Manager Office Security window with storefront partition and Transaction Window
(currently plexiglass)
6. Additional FOB replacement locations (7)
1.7 J AMES APARTMENTS:
Contractor shall provide all labor, equipment and material to remove existing camera system and
install upgraded Security System and access control for the building:
S
TORE FRONT AND ACCESS CONTROLS
1. Store front entry - 4 Doors with Glass divider (2 exterior & 2 interior). Change over from
existing door configuration.
2. 2 FOBs at entry (1 Interior; 1 Exterior)
3. 2 Pedestals for FOBs - ADA compliance at entry
4. 4 Automatic Door Openers (2 with exit egress hardware, 2 motion sensors for exit)
5. 2 ADA pushbuttons
6. 2 AXIS Door Control Modules
7. 4 Entry Cameras (2 exterior, 2 interior)
DCHA 0013-D-2022 Phase 1 Security Camera and Access Control Upgrades at Various DCHA Properties Page 10 of 37
GENERAL CONSTRUCTION FOR THE VESTIBULE
1. ACT Ceiling Replacement
2. 4 LED Recessed Lights
3. Electrical Wiring and Conduit
4. Drywall
5. Flooring
C
CTV WORK WITHIN THE BUILDING
1. Install 2 garage exterior entry access cameras
2. Install 6 parking garage interior cameras
3. Install 1 entry door camera near ramp
4. Install 2 cameras at rear exterior doors
5. Install 18 interior cameras at floor and hall locations other than ground level
6. Install 1 camera in laundry room
7. Install 4 network hub systems
8. Provide 64 GB SD cards for cameras
9. Install cat 6e and EMT to connect all cameras and switches
A
DDITIONAL DOOR ACCESS CONTROL
1. Replace key fab at ramp garage entry door
2. Install new mag lock and access fab at laundry door
3. Install new mag lock and access fab at second laundry door, and replace door
DCHA 0013-D-2022 Phase 1 Security Camera and Access Control Upgrades at Various DCHA Properties Page 11 of 37

ARTICLE 2 – TASK ORDERS- Issued under the Request for Qualifications (QBL Contracts) 0013-
2022 GC for Small to Medium Contracts
2.1 The estimated amount or performing any one or more contracts awarded hereunder shall
not exceed the total ceiling. No notice, communication, or representation in any form
from any person other than the Contracting Officer shall change the ceiling of the entire
contract. In the absence of the specified notice, DCHA is not obligated to pay the
consultant for any amounts in excess of the ceiling of the contract, whether such amounts
were incurred during the course of the contract period or as a result of termination.
2.2 Task orders (Orders) will be initiated by the DCHA COTR, in consultation with the
Executive Director or designee, pursuant to the contract with specific ceilings for the task
identified. Contractors must agree to use best efforts to perform the work specified in
any task order within the ceiling specified, or else decline to accept the task order.
2.3 The Consultant shall notify DCHA in writing whenever consultant has reason to believe
that the total estimated amount for the performance of a Task Order will be greater than
the ceiling. As part of the notification, the consultant shall provide a revised estimate of
the total estimated amount of performing the task.
2.4 DCHA is not obligated to pay the consultant for amounts incurred in excess of the Task
Order ceiling and the consultant is not obligated to continue performance under a Task
Order (including actions under the termination clauses of this contract) or otherwise incur
amounts in excess of the ceiling until DCHA has notified the contractor, in writing, that (i)
the estimated amount has been increased and (ii) provides a revised ceiling for
performing the Task Order.
2.5 If the ceiling of a contract awarded hereunder or Task Order issued and accepted is
increased, any amounts the consultant incurs before the increase that are in excess of the
previous ceiling shall be allowable to the same extent as if incurred afterward, unless the
Contracting Officer issues a termination notice directing that the increase is solely to
cover the termination or other specified expenses.
2.6 A change order shall not be considered an authorization to exceed the ceiling of the
contract or any task order unless the change order specifically increases the ceiling.
2.7 At any time or times before final payment and three (3) years thereafter the Contracting
Officer may have the contractor's invoices, vouchers and statements audited. Any
payment may be reduced by amounts found by the Contracting Officer not to constitute
allowable amounts as adjusted for prior overpayments or underpayments.

DCHA 0013-D-2022 Phase 1 Security Camera and Access Control Upgrades at Various DCHA Properties Page 12 of 37
2.8 A task order shall contain the following:
a. Date of task order;
b. Contact number and a task order number;
c. Description of work;
d. Duration of performance of work; and
e. Estimated cost of performance and delivery of product tasked.
ARTICLE 3 – INSPECTION AND ACCEPTANCE
3.1 DCHA has the right to review, require correction, if necessary, and accept the work
product produced by the Contractor. Such review(s) shall be carried out within thirty (30)
days, unless extended to a date certain by DCHA, so as to not impede the work of the
Contractor. Any product of work shall be deemed accepted as submitted if DCHA does
not issue written comments and/or required corrections within thirty (30) days or any
extended period from the date of receipt of such product from the Contractor.
3.2 The Contractor shall make any required corrections promptly at no additional charge and
return a revised copy of the product to DCHA within seven (7) days of notification or a
later date, if extended by DCHA.
3.3 Failure by the Contractor to proceed with reasonable promptness to make necessary
corrections shall be a default (“Default”). If Contractor’s submission of corrected work
remains unacceptable, DCHA may terminate this Contract , reduce the contract price,
and/or reject the hours submitted in connection with such work, to reflect the reduced
value of services received.
ARTICLE 4 –T ERM and COMPENSATION
4.1 The period of performance of this Contract shall commence upon the effective date of
execution and remain in effect for a term of four (4) years unless earlier terminated as set
for the in Article 11 “Termination for Convenience and Default”, of this Contract.
4.2 T he Contractor agrees to provide its services in consideration of the fees set forth in
Attachment D.
4.3 The following provisions of this Contract, Article 10 Proprietary and Confidential
Information, Article 14 Indemnification and Insurance and Article 15 Limitation of
Liability, shall survive the term of this Contract.
DCHA 0013-D-2022 Phase 1 Security Camera and Access Control Upgrades at Various DCHA Properties Page 13 of 37

4.4 Contractor shall perform the services in this Contract as an “Indefinite Delivery Indefinite
Quantity (IDIQ) Contract”, at the rates in the accepted Price Proposal for services specified
in Article 1. The Contract amount shall be for a minimum award of Five Hundred
Thousand Dollars ($500,000) up to a maximum of Ten Million Dollars ($10,000,000); as
deemed appropriate in the representation of DCHA and based upon the availability of
funds.
4.5 Ceiling Price-
The DCHA shall not be obligated to pay the Contractor any amount in excess of the ceiling
price (also referred to as the total price) in the award, and the Contractor shall not be
obligated to continue performance if to do so would exceed the ceiling price set forth in
the award, unless and until the Contracting Officer shall have notified the Contractor in
writing that the ceiling price has been increased and shall have specified in the notice a
revised ceiling that shall constitute the ceiling price for performance under this contract.
When and to the extent that the ceiling price set forth in the award has been increased,
any hours expended and material costs incurred by the Contractor in excess of the ceiling
price before the increase shall be allowable to the same extent as if the hours expended
and material costs had been incurred after the increase in the ceiling price.

ARTICLE 5 - OPTION TO RENEW OR EXTEND TERM OF CONTRACT- [RESERVED]
ARTICLE 6 – INVOICES AND PAYMENT
6.1 Upon the receipt of a proper invoice, as described in 6.2, DCHA shall compensate
Contractor for any services ordered under this Contract at the prices set forth in
Attachment D and Contractor’s proposal.
6.2 A proper invoice shall include the following:
(1) Contractor’s name and invoice date;
(2) Contract number;
(3) Purchase Order Number;
(4) Task Order Number;
(5) Identification of services consistent with the Contract requirements and supporting
documentation;
(6) Quantity of the services actually rendered or delivered;
(7) Name (if applicable), and title
(8) Telephone number, fax number and e-mail address
(9) Complete mailing address of the responsible person to whom payment is to be sent;
(10) Federal Tax I.D. number;
DCHA 0013-D-2022 Phase 1 Security Camera and Access Control Upgrades at Various DCHA Properties Page 14 of 37
(11) Dunn’s or Social Security Number
(12) Time and services rendered in hourly (or less than daily) increments with sufficient
detail to determine appropriate expenditure of hourly efforts; and
(13) Any other substantiating documentation or information as DCHA may require to
determine proper performance and payment under the Contract.
6.2.1 An invoice not meeting the requirements set forth above at 6.2 shall not be
considered proper and may cause a delay in payment to Contractor.
6.3 Invoices must be submitted monthly unless another interval is approved by the DCHA
Executive Director or Contracting Officer (as defined below in Section 9.1) in writing.
6.4 Contractor’s failure to timely submit a proper invoice as set forth in this Article may result
in a delay in payment by DCHA. DCHA shall not pay interest on any late payments to
Contractor resulting from Contractor’s failure to submit a proper invoice or otherwise
comply with the terms of this Article.
6.5 Contractor agrees that DCHA is neither responsible nor liable to Contractor under law or
equity, for any and all expenses that Contractor may incur from any delays in payment
resulting from Contractor’s failure to comply with the terms of this Article.
6.6 All invoices/payment requests must be addressed as follows and forwarded to:
300 7th Street SW
10th Floor- District of Columbia Housing Authority
Attn: Office of Financial Management
Washington, D.C. 20024
Email: DCHApayments@dchousing.org
ARTICLE 7 – EXPENSES- [RESERVED]
ARTICLE 8 –MODIFICATIONS
8.1 DCHA may at any time, by written order, make changes in , or additions to Article 1, the
Scope of Services; issue additional instructions, require modified or additional work or
services within the general scope of the Contract, change the place of delivery or method
of shipment, the amount or type of DCHA furnished property, or any terms and conditions
of this Contract other than the compensation identified in Attachment D hereto
Contractor shall comply immediately with such direction.
DCHA 0013-D-2022 Phase 1 Security Camera and Access Control Upgrades at Various DCHA Properties Page 15 of 37
8.2 If any such change causes an increase or decrease in the cost of, or in the time re quired
for performance of this Contract, the Contractor shall submit a request for an equitable
adjustment in the price, or time of performance, or both, to the Contracting Officer and
upon approval, the Contract shall be modified in writing accordingly.
8.3 Contractor must assert its right to an equitable adjustment under this Article within thirty
(30) days from the date of receipt of the written order. However, DCHA, in its sole
discretion, may receive and act upon any such claim submitted at any time prior to final
payment under this Contract.
8.4 Failure to agree to any adjustment shall be a dispute under Article 13, Disputes, herein.
However, nothing in this Article shall excuse the Contractor from proceeding with the
order as changed.
8.5 No services for which an additional cost or fee will be charged by the Contractor shall be
furnished without the prior written consent of the DCHA.
ARTICLE 9 – CONTRACT ADMINISTRATION
9.1 DCHA Contracting Officer - The Contracting Officer and the Executive Director are the
only DCHA officials authorized to contractually bind DCHA. The Contracting Officer is
Cheryl Moore, Office of Administrative Services, Contracts and Procurement, 300 7 th
Street SW, 10 th Floor District of Columbia Housing Authority, Washington, DC 200 24;
Telephone No. (202) 503-0769, chmoore@dchousing.org.
9.2 Technical Representative – The Contracting Officer's Technical Representative shall be
responsible for the general administration of the C ontract, advising the Contracting
Officer as to Contractor compliance or noncompliance with the C ontract, initiating
Orders, reviewing all invoices and generally providing th e day-to-day monitoring of the
Contract on DCHA’s behalf.
9.3 Unless otherwise notified in writing by the Contracting Officer, the Technical
Representative for DCHA shall be Jacqueline Zaldana, Associate Vice President of
Construction, Office of Capital Programs (OCP), 300 7th Street, SW, 10th Floor,
Washington, D.C. 20024; Telephone (202) 903-9858; jzaldana@dchousing.org.
DCHA 0013-D-2022 Phase 1 Security Camera and Access Control Upgrades at Various DCHA Properties Page 16 of 37

ARTICLE 10 – PROPRIETARY AND CONFIDENTIAL INFORMATION
10.1 Proprietary and Confidential Information is any information disclosed by Contractor in a
written or tangible form, clearly marked as such, bearing any appropriate notice
indicating the sensitive nature of such information, or if disclosed orally or visually,
identified as proprietary or confidential at the time of disclosure or information that is
provided under circumstances reasonably indicating that it is confidential or proprietary
(“Confidential or Proprietary Information”). Such information may inclu de, but is not
limited to, Contractor's business and organizational plans; all personnel, customer,
contracts, and financial information or material; client information databases; and
business product, research, and financial plans.
10.2 All DCHA information including portfolio plans, financing plans, pre-decisional data, prior
to action by the Board of Commissioners or Executive Director is provided or known, or
available to Contractor is deemed to be confidential, whether or not so identified at the
time the information or data is made available to Contractor.
10.3 All work product and information prepared by Contractor or received by DCHA from
Contractor, in accordance with this Contract, is DCHA property and shall not be subject to
confidential or proprietary restrictions hereunder, nor is it Contractor’s proprietary work
product or information . Contractor's work product or information provided to DCHA is
only protected as confidential or proprietary if an opinion of DCHA General Counsel , in
writing, has been provided to the Parties opining the same.
10.4 The Parties shall only use the Confidential or Proprietary Information disclosed under the
terms of this Contract for the purposes of this Contract. Neither Party shall disclose to
any third party, publish, or otherwise use for its own benefit or the benefit of a third party
the Confidential or Proprietary Information without the prior written consent of the other
Party. Any disclosure of Confidential or Proprietary Information to a third party, after
written approval from the other Party, shall be done only under an agreement that fully
protects the rights of the DCHA as described in this Contract.
10.4.1 Notwithstanding the foregoing, either Party upon written notice to the other
Party may disclose Confidential or Proprietary Information revealed pursuant to
the Contract to the extent the Party is required to do so by a judicial order or
other legal obligation.
10.5 The Parties shall receive and hold any Confidential or Proprietary Information in
confidence, and shall take all reasonable and necessary care to maintain the
confidentiality of such information. The Parties shall limit the disclosure of such
information to employees, advisors, or representatives who need to know the
Confidential and Proprietary Information, including employees of the Parties.
DCHA 0013-D-2022 Phase 1 Security Camera and Access Control Upgrades at Various DCHA Properties Page 17 of 37
10.6 Within thirty (30) days of either completion or termination of this Contract, whether for
convenience or cause, Contractor shall collect all Confidential Information applicable
thereto and received and/or c reated under this Contract , and shall either return the
Confidential Information to the originating individual, or dispose of the Confidential
Information in accordance with the written direction of DCHA.
10.6.1 Nothing in this Contract shall prohibit the Contractor from retaining copy of any
of the Confidential or Proprietary information as necessary to comply with
applicable laws, regulations, professional standards or internal document
retention policies. Such retained copies shall remain subject to the terms of the
Contract.
10.7 Any violation of this Article by Contractor shall consti tute a material breach of this
Contract and shall be a basis for termination of the Contract.
ARTICLE 11 – T ERMINATION FOR CONVENIENCE AND DEFAULT
11.1 DCHA may terminat e this Contract in whole, or from time to time in part, for DCHA’s
convenience or the failure of the Contractor to fulfill the Contract obligations (“Default”).
DCHA shall terminate by delivering to Contractor a written Notice of Termination specifying
the nature, extent, and effective date of the termination.
11.2 Upon receipt of the notice, Contractor shall: (1) immediately discontinue all services
affected (unless the notice directs otherwise), and (2) deliver to DCHA all information,
reports, papers, and other materials accumulated or generated in performing this Contract,
whether completed or in process.
11.3 If the termination is for the convenience of DCHA, DCHA shall be liable only for payment for
services rendered before the effective date of termination.
11.4 If the termination is due to the Default of Contractor, DCHA may (1) require Contractor to
deliver to it, in the manner and to the extent directed by DCHA, any work as described in
subparagraph 11.1 and Article 1, Scope of Services, above and compensation determined
to be due shall be determined in accordance with Article 8, Modifications; (2) take over the
work and prosecute the same to completion by Contract or otherwise, and Contractor shall
be liable for any additional cost incurred by DCHA; and (3) withhold any payments to
Contractor, for the purpose of set-off or partial payment, as the case may be, of amounts
owed DCHA by Contractor.
DCHA 0013-D-2022 Phase 1 Security Camera and Access Control Upgrades at Various DCHA Properties Page 18 of 37
11.4.1 DCHA may, in DCHA's sole discretion, provide Contractor with a notice to cure
(“Cure Notice”) any conditions that would otherwise amount to a basis to
terminate Contractor for Default. Contractor shall respond to any such Cure
Notice within the time provided for in such Cure Notice and Contractor shall either
cure such conditions or provide assurances , which DCHA, in its sole discretion
deems adequate.
11.5 If, after termination for Default, it is determined that Contractor had not failed, the
termination shall be deemed and documented to have been effectuated for the
convenience of DCHA, and Contractor shall be entitled to payment as described in
paragraph 11.2 above.
11.6 Any disputes with regard to this clause are expressly made subject to the terms of the
Article 13 titled Disputes herein.
11.7 UNDERSTANDING FULLY THE RISK THAT ALL OR A PORTION OF THIS CONTRACT , OR ALL
OR A PORTION OF A SPECIFIC TASK ORDER MAY BE TERMINATED AT ANY TIME FOR ANY
REASON OR FOR NO REASON WHATSOEVER, Contractor agrees that in the event of such
termination, DCHA shall not under any circumstances be liable by reason of such
termination, for damages or expenses, including but not limited to the loss of present or
prospective commissions or lost profits, or for expenditures, investments, opportunities
long gone, or for the inability to fulfill customer contracts or otherwise. Contractor sha ll
submit any invoices for its Services within ninety (90) days of the date of the written
notice of termination.
11.8 The rights and remedies of DCHA provided in this Article are in addition to any other rights
and remedies provided by law or under this Contract.
ARTICLE 12 – RI GHTS IN DATA AND WORK PRODUCT
12.1 DCHA shall have exclusive ownership of, all proprietary interest in, and the right to full
and exclusive possession of all information, materials and documents discovered or
produced by Contractor pursuant to the terms of this Contract, including but not limited
to reports, memoranda or letters concerning the research, reporting and other work of
this Contract.
12.2 All documentation, software, processes, prototypes, innovations, inventions, discoveries,
improvements and other works developed under this Contract, are and shall become the
sole and exclusive property of DCHA. Contractor agrees that all ideas, software,
processes, business plans, writings, prototypes, products or derivations of products and
any other inventions, discoveries or improvements (collectively, the “Works”) that
Contractor or any of its employees, consultants, advisors or agents may make or cre ate
DCHA 0013-D-2022 Phase 1 Security Camera and Access Control Upgrades at Various DCHA Properties Page 19 of 37

in connection with the performance of the services for DCHA will be deemed “works-for-
hire” and are the property of DCHA. Contractor will promptly and fully disclose all Works
to DCHA. To the extent that any Work is not considered a work -for-hire or that title to
such Work does not automatically vest by operation of law, Contractor irrevocably assigns
all of Contractor’s rights of copyright, trademarks (including goodwill), and any other
rights in intellectual property and rights in the physical embodiment of the Works, and
DCHA will have the right to obtain and hold in its own name all registrations which may
be available in the Works. Contractor shall not disclose or distribute any Works without
the prior written permission of an authorized officer of DCHA. Contractor will turn over
all Works to DCHA when Contractor ceases to perform services for DCHA or upon DCHA’s
earlier request. No further consideration is required for this assignment.
12.3 Parties acknowledge and agree that DCHA shall retain all rights, title and interest in or to
any of its intellectual property. No ownership rights with respect to the proprietary
intellectual property of DCHA is being acquired by or transferred to Contractor under the
terms of this Contract.
12.4 Contractor further assigns to DCHA, and DCHA shall have, all causes of action, past,
present, and future, related to any rights in Works; the rights to damages or profits, due
or accrued, arising out of past, present, or future infringements or violations thereof; and
the right to sue for and recover the same in DCHA's own name.
12.5 Both during and after Contractor’s Services for DCHA, Contractor will give DCHA all
reasonable assistance necessary for DCHA or one of its instrumentalities to apply for
patents or other protections for any Work in DCHA’s or such instrumentality name in all
countries of the world. Contractor shall cooperate with DCHA in providing support and
assistance as may be reasonably required for the protection and defense, if any, of DCHA’s
patent rights, trademarks, trade names, logos, designs or other proprietary intellectual
property rights in connection with Contractor’s Services pursuant to this Contract.
ARTICLE 13 – DISPUTES
13.1 All claims by Contractor relating to performance of this Contract shall be submitted in
writing to the DCHA Contracting Officer for a written decision. Contractor shall submit to
DCHA a notice of claim within ten (10) calendar days of such event giving rise to a dispute.
Contract disputes should include, at a minimum, the following information:

DCHA 0013-D-2022 Phase 1 Security Camera and Access Control Upgrades at Various DCHA Properties Page 20 of 37
(a) Name, address, and phone number(s) of the Contractor;
(b) Contract number and project title;
(c) A detailed statement of the basis for the contract dispute;
(d) Supporting evidence or documents to substantiate any claims; and
(e) The form of relief requested
13.2 The DCHA Contracting Officer shall issue a written decision within ninety (90) days receipt
thereof and send the decision to Contractor by certified mail, combined with return
receipt requested and by first -class mail deposited with the U.S. Postal Service. The
written decision issued by the DCHA Contracting Officer shall include the following:
(a) A description of the claim;
(b) A reference to the pertinent contract clauses;
(c) A statement of the factual areas of agreement or disagreement;
(d) A statement of the DCHA’s decision with support rationale; and
(e) A statement referencing appeal rights.
13.3 In the event Contractor disagrees with the decision rendered by the DCHA Contracting
Officer, Contractor may file an appeal of the DCHA decision with the DCHA General
Counsel to the DCHA Executive Director . Any such appeal must be filed within ten (10)
calendar days of receipt of the DCHA Contracting Officer’s decision. Such time period for
appeal shall be calculated from the date of the DCHA Contracting Officer’s Final Decision
plus three (3) days for fi rst-class mail deposit with the U.S. Postal Service. The DCHA
Executive Director shall render a final decision within thirty (30) calendar days of receipt
of Contractor’s appeal.
13.4 Any failure by the Executive Director to issue a Final Decision on a Contract claim within
the required time -period shall be deemed a denial of the claim. In the event that the
Contractor disagrees with the decision rendered by the DCHA Executive Director, the
Contractor may pursue any all legal remedies available in a court of competent
jurisdiction. The appeal must be filed within thirty (30) days of receipt of the Executive
Director’s decision, or other time-period required by the selected court competent
jurisdiction, as applicable.
13.5 In the event a dispute arises, at no time shall Contractor cease performance of the duties
and Services stated herein. Contractor shall continue with the performance of all
responsibilities and obligations hereunder until resolution of such dispute by the
administrative remedies set forth herein.
DCHA 0013-D-2022 Phase 1 Security Camera and Access Control Upgrades at Various DCHA Properties Page 21 of 37

ARTICLE 14 – INDEMNIFICATION AND INSURANCE
Contractor shall indemnify, defend and hold harmless the U.S. Department of Housing and Urban
Development (“HUD”) and DCHA from any loss, cost damage, claim, demand, suit, liability,
judgment and expense (including any attorney's fees and other costs of li tigation) arising out of
or relating to: (i) any injury, disease, or death of persons or damage to or loss of property resulting
from or in connection with any breach by Contractor, its agents, employees and subcontractors
of any provision of this Contract; or (ii) any negligent or bad faith act(s) or omission (s) or the
negligent performance of this Contract by Contractor, its agents, employees and subcontractors
or any other person or entity for which Contractor may be responsible. Contractor’s liability shall
not be limited by any provisions or limits of any insurance coverage provided by Contractor in
accordance with this Contract.
DCHA shall notify Contractor within a reasonable time of any claim for which Contractor may be
liable under this paragraph. At its own expense, Contractor shall obtain the necessary insurance
coverage acceptable to DCHA to comply with this indemnification requirement ; shall provide
evidence of such coverage to DCHA, and such coverage shall be in place before execution of this
Contract and shall remain in force throughout the term of this Contract. This insurance is primary
to, and will not seek contribution from, any other insurance available to an additional insured
under your policy.
ARTICLE 15 – LIMITATION OF LIABILITY
NEITHER PARTY SHALL BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL,
OR PUNITIVE DAMAGES NOR FOR ANY LOSS OF GOODWILL, PROFITS, DATA, OR LOSS OF USE
ARISING OUT OF, RESULTING FROM, OR IN ANY WAY CONNECTED WITH THE PERFORMANCE
OR BREACH OF THIS CONTRACT.

DCHA 0013-D-2022 Phase 1 Security Camera and Access Control Upgrades at Various DCHA Properties Page 22 of 37

ARTICLE 16 – NOTICES
All notices under this Contract shall be in writing and shall be sent by the United States Postal Service,
Certified Mail; Return Receipt requested (or any overnight delivery service such as Fed Ex or UPS),
postage prepaid, or by electronic mail or facsimile and addressed as follows:

Vigil Contracting, Inc.
2140 Priest Bridge Court, Suite 7
Crofton, MD 21114

JJ Vigil
Chief Operations Officer
District of Columbia Housing Authority
300-7th Street, SW, 10th Floor
Washington, D.C. 20024

Attention: Cheryl Moore
Contracting Officer

Telephone: 410-451-9510
Email: jjvigil@vigilbusiness.com

Telephone: 202-503-0769
Email: chmoore@dchousing.org

Any such notices sent via electronic mail or facsimile shall be followed by a hard copy to
Contractor and mailed via First Class with the United States Postal Service.
ARTICLE 17 – ATTACHMENTS
17.1 The following documents are hereby incorporated in their entirety and made a part of
this Contract.
17.1.1 Insurance (Attachment A)
17.1.2 Conflict of Interest Certification (Attachment B)
17.1.3 Contractor’s Notice of Intent to Award dated September 28, 2023 (Attachment C)
17.1.4 Contractors' Fee Proposal (Attachment D).
17.1.5 Section 3 Plan (Attachment E)
17.1.6 HUD General Conditions for Construction Contracts Section (Attachment F)
17.1.7 Wage Determination (Attachment G)
17.1.8 Description of Services (Attachment H)
17.1.9 Contractor Payment and Performance Bonds (Attachment I)
17.1.10 Utilization Compliance-Project Tracking (Attachment J)

DCHA 0013-D-2022 Phase 1 Security Camera and Access Control Upgrades at Various DCHA Properties Page 23 of 37

17.2 This Contract shall be interpreted as a unified contractual document with the Articles,
Attachments, and the corresponding Request for Proposal (“RFP”) having equal effect,
except that in the event of any inconsistency between them, first Article 1, Scope of
Services shall apply, then the Articles in the body of this Contract will apply, then the
Request for Qualifications (RFQ) shall apply, and then any supplemental provisions
incorporated by reference.
ARTICLE 18 – COMPLIANCE WITH LAW
18.1 Contractor agrees to comply with the following to the extent they are applicable to the
Contract work; as applicable:
18.1.1 Executive Order 11246 as amended, and Department of Labor regulations
regarding Equal Employment Opportunity (41 CFR Part 60);
18.1.2 The Davis-Bacon Act, as amended (40 U.S.C. 3141 -3148), as supplemented by
Department of Labor regulations (29 C.F.R. Part 5), and the Davis-Bacon related
acts, including but not limited to 42 U.S.C. 1437j(a);
18.1.3 Compliance with the Copeland “Anti -Kickback” Act (40 U.S.C. 3145), as
supplemented by Department of Labor regulations (29 C.F.R. Part 3);
18.1.4 Compliance with the Contract Work Hours and Safety Standards Act (40 U.S.C.
3701-3708), as supplemented by Department of Labor regulations (29 C.F.R.
part 5);
18.1.5 Rights to inventions made under contract or agreement (37 C.F.R. Part 401);
18.1.6 Compliance with the Clean Air Act (42 U.S.C. 7401 -7671q) and Federal Water
Pollution Control Act (33 U.S.C. 1251-1387), as amended;
18.1.7 Mandatory standards and policies relating to energy efficiency which are
contained in the state energy conservation plan issued in compliance with
Energy Policy and Conservation Act (42 U.S.C. 6201);
18.1.8 Compliance with federal debarment and suspension requirements (Executive
Orders 12549 and 12689). A contract award must not be made to parties listed
on the government wide Excluded Parties List System in the System for Award
Management (SAM), in accordance with the OMB guidelines at 2 CFR 180;
18.1.9 Compliance with Byrd Anti-Lobbying Amendment (31 U.S.C. 1352);
18.1.10 Compliance with requirements related to procurement of recovered materials
in accordance with Section 6002 of the Solid Waste Disposal Act, as amended (2
C.F.R. 200.322);
DCHA 0013-D-2022 Phase 1 Security Camera and Access Control Upgrades at Various DCHA Properties Page 24 of 37
18.1.11 Compliance with Drug-Free Workplace Act of 1988 requirements;
18.1.12 Compliance with McNamara-O’Hara Service Contract Act of 1965;
18.1.13 Notice that DCHA, HUD, the Comptroller General of the United States, or any
other duly authorized representatives, shall have access to any records of the
contractor pertinent to the project in order to conduct an adequate audit or
examination; and
18.1.14 Requirement that Contractor retain records for a minimum of three (3) years
following contract closeout.
18.1.15 Compliance with the Anti -Deficiency Act. Notwithstanding anything contained
herein to the contrary, Contractor’s obligations or liabilities which may be
hereunder described or otherwise contemplated shall be limited and restricted
to the requirements of the proper appropriations in compliance with (i) the
Federal Anti-Deficiency Act, prescribed under 31 U.S.C. §§ 1341, 1342 1349 and
1351; (ii) the District of Columbia Anti -Deficiency Act, D.C. Official Code §§ 47 -
355.01-355-08 (2001), (iii) D.C. Official C ode § 47- 105 (2001), and (iv) D.C.
Official Code § 1-204.46 (2006 Supp.), as the foregoing statues may be amended
from time to time, regardless of whether a particular obligation has been
expressly so conditioned. No provision contained in this Contract shall be
construed as a multi -year financial obligation to Contractor so as to cause
violation of said Anti Deficiency Act.
18.1.16 Compliance with Section 3 Requirements. All Contractors shall comply with the
Section 3 Program, as defined in the Housing and Urban Development Act of
1968.
18.1.17 Compliance with any and all applicable laws and regulations of the United
States, the District of Columbia, or any other State(s) where work will be
performed under this Contract or any political subdivision thereof, including, but
in no way limited to, any and all laws governing its relationship with its officers,
employees, agents, representatives, affiliates, or subcontractors, including, by
way of example, compensation, working hours, overtime, non-discrimination in
employment, etc.
DCHA 0013-D-2022 Phase 1 Security Camera and Access Control Upgrades at Various DCHA Properties Page 25 of 37
ARTICLE 19 – EXAMINATION AND RETENTION OF CONTRACTOR’S RECORDS
19.1 To the extent entitled by applicable law and professional standards, DCHA, HUD, or the
Comptroller General of the United States, or any of their duly authorized representatives
shall, until three (3) years after final payment under this Contract, have access to and the
right to examine any of the Contractor’s directly pertinent books, documents, papers, or
other records involving transactions related to this Contract for the purpose of conducting
and making audits, examination, excerpts and transcriptions.
19.2 The Contractor agrees to include in its first-tier subcontracts under this Contract a clause
substantially the same as paragraph 19.1 above for records relating to Subcontracts as
used in this Article, exclud ing purchase orders less than ten thousand dollars
($10,000.00).
19.3 The periods of access and examination in paragraphs 19.1 and 19.2 above for records
relating to: (1) appeals under Article 13, Disputes of this Contract ; (2) litigation or
settlement of claims arising from the performance of this Contract ; or (3) costs and
expenses of this Contract to which the DCHA, HUD, or the U.S. Comptroller General or
any of their duly authorized representatives has taken exception, shall continue until
disposition of such appeals, litigation, claims, or exceptions have been completed.
ARTICLE 20 – I NTERPRETATION AND CONSTRUCTION
20.1 The title designations of the numbered Articles and provisions to this Contract are for
convenience only and shall not affect the interpretation or construction of this Contract.
20.2 Unless otherwise pre -empted by Federal law, this Contract shall be governed in all
respects by the substantive laws of the District of Columbia, without regard to its conflict
of laws or choice of law provisions.
20.3 Every right or remedy conferred by this Contract upon or reserved to the Parties shall be
cumulative and shall be in addition to every right or remedy now or hereafter existing at
law or in equity, and the pursuit of any right or remedy shall not be construed as an
election.
20.4 The failure of a Party to insist upon the performance of any provision of this Contract or
an Attachment hereto, or to exercise any right or privilege granted hereunder, shall not
be construed as waiving any such provision, and the same shall continue in force.
20.5 The rights and obligations of this Contract , which by their nature extend beyond its
expiration or termination shall remain in full force and effect and shall bind the Parties
and their legal representatives, successors, heirs, and assigns.
DCHA 0013-D-2022 Phase 1 Security Camera and Access Control Upgrades at Various DCHA Properties Page 26 of 37
ARTICLE 21- ASSIGNMENT
Contractor shall not assign or transfer any interest in this Contract except that claims for monies
due or to become due from DCHA under the Contract may be assigned to a bank, trust company,
or other financial institution. If the Contractor is a partnership, this Contract shall inure to the
benefit of the surviving or remaining member(s) of such partnership approved by DCHA.
ARTICLE 22 –MI SCELLANEOUS
22.1 This Contract contains the entire understanding between the Parties and supersedes any
prior written or oral agreements between them. Except as set forth in Article 8,
Modifications, this Contract shall not be modified or waived except by written instrument
signed by the Parties.
22.2 In the event that any part of this Contract shall be declared unenforceable or invalid, the
remaining parts shall continue to be valid and enforceable.
22.3 Contractor acknowledges and warrants that the individual executing this Contract on its
behalf is Contractor's officer, agent or employee and possesses authority to execute this
Contract.
IN WITNESS WHEREOF, the Parties hereto have caused this Contract for General Contractors
for Small to Medium Size Construction to be executed and delivered as of this
_23rd_____ day of D ece mber 2024.
Vi
gil Contracting, Inc. District of Columbia Housing Authority
Contractor
By: __________________________________ [Signature]
Name: JJ Vigil Name: Cheryl Moore
Title: Chief Operations Officer
Date:
Title:Contracting Officer
Date: 12/23/2024

DCHA 0013-D-2022 Phase 1 Security Camera and Access Control Upgrades at Various DCHA Properties Attachment

ATTACHMENT A – INSURANCE
The successful Respondent, at its expense, shall obtain the minimum insurance coverage
set forth below and keep such insurance in force throughout the contract period.
Respondents to this solicitation must have the capacity to obtain a Certificate of
Insurance at the stated limits below, prior to and as a condition of contract award. All
insurance provided by Contractors in this section shall set forth DCHA as an additional
insured (as applicable).
Without limiting the Contractor’s indemnification of DCHA, the Contractor shall provide
and maintain at its own expense during the term of this Agreement the following
insurance coverage and provisions:
Liability Insurance: Commercial General Liability (CGL) with limits per project not
less than
• $2,000,000 for bodily injury and property damage
• $2,000,000 Personal and Advertising Injury,
• $4,000,000 Products and Completed Operations
• $10,000,000 aggregate through any combination of primary and excess or
umbrella liability insurance policies with annual reinstatement of the general
aggregate limit at each policy period renewal.
1. The CGL insurance must be written on an ISO occurrence form CG 00 01 or
substitute forms providing equivalent coverage. Coverage shall be primary and
noncontributory. All excess or umbrella policies shall be follow-form and afford no
less coverage than the primary policy. Such CGL shall name the Indemnified Parties
as additional insureds for both premises and operations period pursuant to State
statute on form acceptable to DCHA. Coverage shall be provided to the Indemnified
Parties for liability and any damage to property and injury or death of persons,
unless caused by an Indemnified Party’s sole or active negligence or willful
misconduct.
2. Sexual Molestation Liability coverage with limits not less than $1,000,000. Proof of
coverage may be a stand-alone policy or endorsed on the Commercial General
Liability policy
3. Workers' compensation and Employers Liability coverage providing statutory
benefits including coverage for Employer’s Liability with limits of at least
$1,000,000 each accident, $1,000,000 each employee by disease, and a policy limit
of $1,000,000 by disease.
DCHA 0013-D-2022 Phase 1 Security Camera and Access Control Upgrades at Various DCHA Properties Attachment

4. Commercial Automobile Insurance: During this Agreement, Contractor shall
maintain evidence of commercial business auto coverage written on ISO form CA
00 01 (or substitute form providing equivalent liability coverage) with a limit not
less than $5,000,000 combined single limit for bodily injury and property damage
liability for each accident. Such insurance shall cover liability arising out of any auto
(including owned, hired, and non -owned autos) and may be satisfied by a
combination of primary and excess and/or umbrella policies. All excess or umbrella
policies shall contain a drop -down clause in the event of exhaustion of primary
limits and provide coverage for primary auto liability.
5. Builders Risk: Contractor will procure and maintain builder’s risk coverage which
shall insure against all -risks special form causes of loss or coverage at least as
broad, including physical loss and/or damage to all buildings, structures, materials,
and real property on site, that are intended to be, or have already been
incorporated into and forming part of the Project. The coverage shall be written on
a replacement cost basis, subject to certain sub -limits, and shall include coverage
for work, property and materials of every kind including but not limited to all labor,
overhead, profit, delivery, site preparation and re -excavation. Coverage shall be
the amount of total insured values exposed at any time, plus subsequent contract
modifications and cost of materials supplied or installed by others, comprising the
total value of the Project on a replacement cost basis. Permission to Occupy
endorsement is required if there is partial occupancy during construction. Such
coverage shall be maintained until final payment has been made as provided under
the Contract or until no person or entity other than the Owner has an insurable
interest in the property to be covered, whichever is later. This insurance shall cover
as insureds the Owner, Contractor, and all subc ontractors of every tier in the
Project, including vendors and suppliers. Coverage must also be maintained for any
materials stored off site that will be incorporated into the Project.
6. If applicable - Professional Liability Insurance covering the professional scope of
services under this contract with limits not less than $2,000,000 per claim and
$4,000,000 in the aggregate. The policy retroactive date must be before the
effective date of this agreement. Contractor agrees to maintain continuous
coverage through a period of no less than three years after completion of the
service under this agreement.
7. Contractors Pollution Liability Coverage providing limits of $2,000,000 per
occurrence and in the $4,000,000.00 in the aggregate, in force during the term of
the Contract, on an occurrence form, with a 10-year completed operations period
after Substantial Completion. The contractor’s pollution liability shall include and
DCHA 0013-D-2022 Phase 1 Security Camera and Access Control Upgrades at Various DCHA Properties Attachment

cover all Contractors and its respective Subcontractor(s) as additional named
insureds and waive the carrier’s right of recovery under subrogation against Owner
and all other Subcontractor(s) whose interests are insured under such policy. The
policy covers all activities and operations during construction at the project site.
The policy must cover mold during the period of construction and throughout the
statute of repose.
8. Contractor’s Tools and Equipment: Contractor’s equipment insurance is not
required but recommended for all tools and equipment (including owned, leased,
rented) in use at Project site. Contractor agrees to hold DCHA harmless for loss or
damage to its tools and equipment.
9. Additional Insureds: Each insurance policy shall be issued in the name of the
contractor and shall be endorsed to name the DCHA as an additional insured and
as a loss payee as allowable per coverage.
10. Waiver of Subrogation : All such insurance policies shall contain a waiver of
subrogation against the Department and their respective agents.
11. Subcontracted Work - Should any of the work under this Agreement be
subcontracted, the Contractor shall require its subcontractor to carry the
aforementioned coverages.
12. Strength of Insurer : All insurance policies shall be placed with insurers that are
reasonably acceptable to the Department and with an A.M. Best's rating of not less
than A- (Excellent) and a surplus size of not less than XV. All such insurers shall be
licensed/approved to do business in the District of Columbia.
With respect to policies described above:
(a) These policies must be in place before the execution of the contract, as in- force
insurance is a condition precedent to the contract;
(b) The Certificate of Insurance language shall include the following verbiage under
the Description, “As required by the written contract, DCHA, its commissioners,
officers, directors, employees and volunteers are included as additional insureds
under the General Liability and Auto Liability policies. The captioned policies are
written on a primary and non-contributory basis. Waiver of subrogation in favor
of DCHA applies regarding General Liability, Auto Liability and Workers
Compensation policies. Coverage shall not be suspended, voided, canceled, non-
renewed or reduced in coverage or in limits except after thirty (30) days prior
written notice to DCHA.”
DCHA 0013-D-2022 Phase 1 Security Camera and Access Control Upgrades at Various DCHA Properties Attachment

(c) Contractor shall provide DCHA with Certificate of Insurance annually as evidence
of the limits of coverage described above;
(d) In the event the Contractor’s insurance expires during the term of the contract,
Contractor shall provide DCHA with copies of renewal certificates thirty (30) days
prior to the expiration date of the expiring coverage;
(e) Insurance contracts shall require the insurance company to notify DCHA in the
event of a substantial change in coverage during the policy term; and
(f) The insurance provider must have an A.M. Best Company rating of A-VIII or higher
by companies authorized to do business and in good standing in the District of
Columbia, on such conditions, and with such beneficial interest appearing thereon
as shall be acceptable to the DCHA.
In the event a claim arises out of this Contract, the Contractor will promptly notify the
DCHA Contracting Officer’s Technical Assistance Representative (COTR) and the DCHA
Office of General Counsel (OGC) Malisha Pate, Risk Reduction Specialist, Office of Risk
Management (ORM) by email at mpate@dchousing.org. In addition, the Contractor will
investigate and furnish the DCHA COTR and ORM with reports of all accidents, claims
and potential claims for damage or injury and will cooperate with its insurers and those
of DCHA.

DCHA 0013-D-2022 Phase 1 Security Camera and Access Control Upgrades at Various DCHA Properties Attachment

ATTACHMENT B – CONFLICT OF INTEREST CERTIFICATION

District of Columbia Housing Authority

CONFLICT OF INTEREST CERTIFICATION
The following affidavit is REQUIRED for all bids/offers over 100,000.00

Pursuant to 2 CFR § 200.318 (c) (1), no officer, employee, contractor or agent of the District of Columbia Housing
Authority (“DCHA”), or its subsidiaries, shall participate in the selection, or in the award or administration of a contract
supported by Federal funds if a conflict of interest, real or apparent, would be involved. Such a conflict would arise
when:

(i) The employee, officer, contractor or agent,
(ii) Any member of his or her immediate family,
(iii) His or her partner or,
(iv) An organization which employs, or is about to employ, any of the above, has a financial interest in the
firm or organization selected for award.

No officer, employee, contractor or agent of DCHA, or its subsidiaries, shall engage in private financial transactions using
inside information not available to the public generally, or allow the improper use of such information to further any
private interest or personal gain. Every officer, employee, contractor or agent shall conduct themselves with the highest
degree of ethical standards at all times, while under the employ, contract, award or designation of DCHA or its
subsidiaries.

No officer, employee, contractor or agent of DCHA, or its subsidiaries, may have a financial or ownership interest, direct
or indirect, in any real property included, or proposed to be included, in any real estate development or redevelopment
project of DCHA, or its subsidiaries, or in any real property whereby the owner receives a federal or local housing subsidy
administered by DCHA.

In the event a conflict, real or apparent, exists prior to, or arises while under, the employ, contract, award or designation of
DCHA, or its subsidiaries, the officer, employee, contractor or agent shall fully and immediately disclose all information,
matters, contracts, financial interests, and personal or business relationships to DCHA, or its subsidiaries. All information
pertaining to a conflict of interest, real or apparent, shall be evaluated and a determination shall issue as to the required
course of action to be taken prior to the execution or continuation of any agreement with DCHA or its subsidiaries.

Violations of this Conflict of Interest Certification, Federal law or regulations, as well as any violations of District of
Columbia law, may result in immediate termination of any relationship, employment, contract, award or appointment with
DCHA or its subsidiaries.

I, ________________________________, an individual or authorized representative of the undersigned, hereby
acknowledge and certify the following:

□ No conflict of interest, real or apparent, exists

□ A conflict of interest, real or apparent, exists and attached hereto, is a narrative describing the nature, length, term and
relationship of the conflict. If a conflict of interest previously existed, please explain the conflict and include any
supporting documentation that demonstrates resolution of the conflict.

Company Name: ________________________________
Print Name: ___________________________________ Title: _______________________
Signature: _____________________________________ Date: _______________________

DCHA 0013-D-2022 Phase 1 Security Camera and Access Control Upgrades at Various DCHA Properties Attachment

ATTACHMENT C – NOTICE OF INTENT TO AWARD

DistrictofColumbiaHousingAuthority
‘3007thStreet,SW |10thFloor
Washington,DC 20024
(202)535-1000|dchousingorg

DorianJenkins,InterimExecutiveDirector
September27,2023
ViaUSMailandEmail:jivigil@vigilbusiness.com
JJVigil,ChiefOperationsOfficerVigilContracting,Inc.
2140PriestBridgeCourt,Suite7Crofton,MD 21114
NOTICE OF INTENT TO AWARD

RequestforQualificationsNo.0013-2022GeneralContractors(GC)forSmalltoMediumSizeConstruction
DearMr.Vigil:
TheDistrictofColumbiaHousingAuthority(DCHA)hascompletedtheevaluationprocessoftheabovereferencedsolicitation.Asaresult,DCHAacceptsyourproposalandintendstoawardyourcompanyacontractforSmalltoMediumSizeConstructionpendingDCHA BoardofCommissionersandDistrictCityCouncilapprovals.ThisacceptanceisinstrictaccordancewiththetermsofyourProposaldatedNovember14,2022.
PleaseacknowledgereceiptofthisNoticeofIntenttoAwardwithsignaturebyanauthorizedcompanysignatoryandreturnitalongwithacurrentCertificateofInsurancethatlistsDCHA asanadditionalinsuredandanapprovedSection3Commitment.PleasecontactDierdreAdams,Section3ComplianceSpecialistintheOfficeofResidentServicesat202-788-0367orbyemailatdadams@dchousing.orgtofinalizeyourSection3ActionPlan.

DCHA’sBoardofCommissionersapprovedResolution;pendingDistrictCityCouncilapprovalwillrecommendthecontractawardtoVigilContracting,Inc.forGeneralContractor(GC)duringthescheduledBOC MeetingPublicMeeting.DCHA willforwardacontractforyourreviewandsignaturewithinfive(5)businessdaysofDCHABoardandDC CityCouncilapprovals.Thereafter,BrianButler,AssociateVicePresidentforConstruction,OfficeofCapitalProgram,istheDCHA ContractingOfficer'sTechnicalRepresentative(COTR)designatedbythisofficeandresponsibletoinitiateandadministerday-to-daycontractedservices.
www.dehousing.org
Ifyoushouldhaveanyquestionsregardingthisnoticeorpriortocontractaward,pleasecontactLaShawnMizzell-McLeod,ContractSpecialistat(202)876-4506orbyemailatLMMCLEOD@dchousing.orgwithcopytobusiness@dchousing.org.Congratulationsareinorder;
DCHAlooksforwardtodoingbusinesswithVigilContracting,Inc.
Sincerely,
Uleore
CherflMooreContractingOfficer
DistrictofColumbiaHousingAuthority
‘3007thStreet,SW |10thFloor
‘Washington,OC 20024
(202)535-1000|dchousing.org

DorianJenkins,InterimExecutiveDirector

NOTICE OF INTENT TO AWARD
RequestforQualificationsNo.0013-2022GeneralContractors(GC)forSmalltoMediumSizeConstruction

RECEIPTIS A
BY: T-T-Vigie
(PRINTNAME)
COMPANY: ViIGtu ConTRacTinG INC-
(COMPANYNAME)
SIGNATURE: SS - Ve p
DATE: 2 4] z3 $$$ —
www.dehousing.org
DCHA 0013-D-2022 Phase 1 Security Camera and Access Control Upgrades at Various DCHA Properties Attachment

ATTACHMENT D - CONTRACTORS FEE FOR SERVICES

1. This is an “Indefinite Delivery Indefinite Quantity (IDIQ) Contract” for the Scope of
Services specified in Article 1, as specified by Task Order; at the rates in the accepted Price
Proposal and attached in Attachment D. The Contract amount shall be for a minimum
amount of Five Hundred Thousand Dollars ($500,000) up to a maximum of Ten Million
Dollars ($10,000,000) as deemed appropriate in the representation of DCHA and based
upon the availability of fund.
2. Performance shall be made only after receipt of P urchase Orders issued in accordance
with the accepted Price Proposal and Scope of Work for the subject contract.
3. Contractor shall furnish delivery and/or performance of services to DCHA upon receipt of
orders from Authorized DCHA Contract Representatives designated in Article 9 and
Attachment A.
4. Contractor shall perform and complete the contracted work during the term of the four
(4) year awarded contract.
5. Payment Terms for the monthly invoices are on a net thirty (30) day basis.
6. Contractor’s prices are not in excess of those charged to non-governmental clients for the
same services performed by the same individuals.
7. DCHA may make changes to the Services and Work as set forth in Article 8, Modifications.

Project #: 0013-D-2022-DC5024.01
Project Title: FY2025 Phase 1 Security Cameras and Access Control Upgrades at Various Site
Item# Description of Task Property Property Code Cost ($)
1 CCTV/Access Control Upgrades James Apts DC070 400,000.00$
2 CCTV/Access Control Upgrades Judiciary DC065 400,000.00$
3 CCTV/Access Control Upgrades Montana DC044 250,000.00$
4 CCTV/Access Control Upgrades Potomac DC043 1,500,000.00$
5 CCTV/Access Control Upgrades Woodland DC36A 1,150,000.00$
Total 3,700,000.00$
Summary of Cost Project
Construction Cost Estimate Breakdown DATE 10/21/2024
Contractor: VIGIL CONTRACTING INC. PROPOSAL PRICE:
Contract for (work to be performed): PROPOSAL NO.
Work Location: James Apartments CONTRACT NO.
Material/Equip. Costs Labor Costs
Description of Unit Unit of Unit Total Cost Man Average Total Cost Line
Item Quantity Measure Cost Material Hours Rate Labor Totals
James Apartments Security Entrance
Demo Existing Storefront Area ea 0.00 0.00 375 75.00 28125.00 28,125$
Installation of Storefront 1 ea 133659.93 133659.93 1028 75.00 77100.00 210,760$
Installation of Electrical Power 1 ea 13922.60 13922.60 175 75.00 13125.00 27,048$
Installation of Access Controls 1 ea 36654.33 36654.33 390 75.00 29250.00 65,904$
ea 0.00 30.00 0.00 -$
ea 0.00 30.00 0.00 -$
ea 0.00 30.00 0.00 -$
ea 0.00 30.00 0.00 -$
New Work ea 0.00 30.00 0.00 -$
sf 0.00 30.00 0.00 -$
ea 0.00 30.00 0.00 -$
ea 0.00 30.00 0.00 -$
SF 0.00 30.00 0.00 -$
LF 0.00 30.00 0.00 -$
ea 0.00 30.00 0.00 -$
ea 0.00 30.00 0.00 -$
sf 0.00 30.00 0.00 -$
ea 0.00 0.00 30.00 0.00 -$
ea 0.00 0.00 30.00 0.00 -$
ea 0.00 0.00 30.00 0.00 -$
ea 0.00 0.00 30.00 0.00 -$
General Conditions 0.00
Superintendent weeks 50.00 0.00 -$
Quality Control 50.00 0.00 -$
Project Manager 60.00 0.00 -$
Clean up stocking safety labor 25.00 0.00 -$
Dumpster ea 630.00 0.00 0.00 -$
Safety Plan ea 2400.00 0.00 0.00 -$
QC Plan ea 2400.00 0.00 0.00 -$
Temp Toilets (none required) 0.00
Total Material 184,237$
OTHER WORK Amount 6.00% Sales Tax 11,054$
MATERIAL SUBTOTAL 195,291$
Complete Design Fees 1 ea 0.00 Total Labor 147,600$
Added cost to complete scope 1 ea 0.00 0.00% Night Differential -$
ea 0.00 Burden -$
ea 0.00 LABOR SUBTOTAL 147,600$
0.00 Misc.tools and Equipment
0.00 Other Work -$
0.00 Supervision INC
0.00 SUBTOTAL 342,891$
0.00 10.00% Overhead 34,289$
0.00 5.00% Profit 18,859$
0.00 SUBTOTAL 396,039$
1.00% Bond 3,960$
GRAND TOTAL 400,000$
Page 1 Estimate
Construction Cost Estimate Breakdown DATE 10/21/2024
Contractor: VIGIL CONTRACTING INC. PROPOSAL PRICE:
Contract for (work to be performed): PROPOSAL NO.
Work Location: Juduciary Apartments CONTRACT NO.
Material/Equip. Costs Labor Costs
Description of Unit Unit of Unit Total Cost Man Average Total Cost Line
Item Quantity Measure Cost Material Hours Rate Labor Totals
Judiciary Apartments Security Entrance
Demo Existing Storefront Area ea 0.00 0.00 262 75.00 19650.00 19,650$
Installation of Storefront 1 ea 98798.00 98798.00 826 75.00 61950.00 160,748$
Installation of Electrical Power 1 ea 11887.00 11887.00 335 75.00 25125.00 37,012$
Installation of Access Controls 1 ea 69377.69 69377.69 604 75.00 45300.00 114,678$
ea 0.00 30.00 0.00 -$
ea 0.00 30.00 0.00 -$
ea 0.00 30.00 0.00 -$
ea 0.00 30.00 0.00 -$
New Work ea 0.00 30.00 0.00 -$
sf 0.00 30.00 0.00 -$
ea 0.00 30.00 0.00 -$
ea 0.00 30.00 0.00 -$
SF 0.00 30.00 0.00 -$
LF 0.00 30.00 0.00 -$
ea 0.00 30.00 0.00 -$
ea 0.00 30.00 0.00 -$
sf 0.00 30.00 0.00 -$
ea 0.00 0.00 30.00 0.00 -$
ea 0.00 0.00 30.00 0.00 -$
ea 0.00 0.00 30.00 0.00 -$
ea 0.00 0.00 30.00 0.00 -$
General Conditions 0.00
Superintendent weeks 50.00 0.00 -$
Quality Control 50.00 0.00 -$
Project Manager 60.00 0.00 -$
Clean up stocking safety labor 25.00 0.00 -$
Dumpster ea 630.00 0.00 0.00 -$
Safety Plan ea 2400.00 0.00 0.00 -$
QC Plan ea 2400.00 0.00 0.00 -$
Temp Toilets (none required) 0.00
Total Material 180,063$
OTHER WORK Amount 6.00% Sales Tax 10,804$
MATERIAL SUBTOTAL 190,866$
Complete Design Fees 1 ea 0.00 Total Labor 152,025$
Added cost to complete scope 1 ea 0.00 0.00% Night Differential -$
ea 0.00 Burden -$
ea 0.00 LABOR SUBTOTAL 152,025$
0.00 Misc.tools and Equipment
0.00 Other Work -$
0.00 Supervision INC
0.00 SUBTOTAL 342,891$
0.00 10.00% Overhead 34,289$
0.00 5.00% Profit 18,859$
0.00 SUBTOTAL 396,040$
1.00% Bond 3,960$
GRAND TOTAL 400,000$
Page 1 Estimate
Construction Cost Estimate Breakdown DATE 10/21/2024
Contractor: VIGIL CONTRACTING INC. PROPOSAL PRICE:
Contract for (work to be performed): PROPOSAL NO.
Work Location: Montana Apartments CONTRACT NO.
Material/Equip. Costs Labor Costs
Description of Unit Unit of Unit Total Cost Man Average Total Cost Line
Item Quantity Measure Cost Material Hours Rate Labor Totals
Montana Apartments CCTV
Demo Existing Storefront Area ea 0.00 0.00 75.00 0.00 -$
Installation of Storefront ea 133659.93 0.00 75.00 0.00 -$
Installation of Electrical Power 1 ea 26062.96 26062.96 945 75.00 70875.00 96,938$
Installation of Access Controls/CCTV 1 ea 74368.96 74368.96 493 75.00 36975.00 111,344$
ea 0.00 30.00 0.00 -$
ea 0.00 30.00 0.00 -$
ea 0.00 30.00 0.00 -$
ea 0.00 30.00 0.00 -$
New Work ea 0.00 30.00 0.00 -$
sf 0.00 30.00 0.00 -$
ea 0.00 30.00 0.00 -$
ea 0.00 30.00 0.00 -$
SF 0.00 30.00 0.00 -$
LF 0.00 30.00 0.00 -$
ea 0.00 30.00 0.00 -$
ea 0.00 30.00 0.00 -$
sf 0.00 30.00 0.00 -$
ea 0.00 0.00 30.00 0.00 -$
ea 0.00 0.00 30.00 0.00 -$
ea 0.00 0.00 30.00 0.00 -$
ea 0.00 0.00 30.00 0.00 -$
General Conditions 0.00
Superintendent weeks 50.00 0.00 -$
Quality Control 50.00 0.00 -$
Project Manager 60.00 0.00 -$
Clean up stocking safety labor 25.00 0.00 -$
Dumpster ea 630.00 0.00 0.00 -$
Safety Plan ea 2400.00 0.00 0.00 -$
QC Plan ea 2400.00 0.00 0.00 -$
Temp Toilets (none required) 0.00
Total Material 100,432$
OTHER WORK Amount 6.00% Sales Tax 6,026$
MATERIAL SUBTOTAL 106,458$
Complete Design Fees 1 ea 0.00 Total Labor 107,850$
Added cost to complete scope 1 ea 0.00 0.00% Night Differential -$
ea 0.00 Burden -$
ea 0.00 LABOR SUBTOTAL 107,850$
0.00 Misc.tools and Equipment
0.00 Other Work -$
0.00 Supervision INC
0.00 SUBTOTAL 214,308$
0.00 10.00% Overhead 21,431$
0.00 5.00% Profit 11,787$
0.00 SUBTOTAL 247,526$
1.00% Bond 2,474$
GRAND TOTAL 250,000$
Page 1 Estimate
Construction Cost Estimate Breakdown DATE 10/21/2024
Contractor: VIGIL CONTRACTING INC. PROPOSAL PRICE:
Contract for (work to be performed): PROPOSAL NO.
Work Location: Potomac CCTV CONTRACT NO.
Material/Equip. Costs Labor Costs
Description of Unit Unit of Unit Total Cost Man Average Total Cost Line
Item Quantity Measure Cost Material Hours Rate Labor Totals
Potomac Gardens CCTV
Demo Existing Storefront Area ea 0.00 0.00 175 75.00 13125.00 13,125$
Installation of Storefront 1 ea 70060.65 70060.65 600 75.00 45000.00 115,061$
Installation of Electrical Power 1 ea 99236.67 99236.67 1975 75.00 148125.00 247,362$
Installation of Access Controls/CCTV 1 ea 509569.97 509569.97 4800 75.00 360000.00 869,570$
ea 0.00 30.00 0.00 -$
ea 0.00 30.00 0.00 -$
ea 0.00 30.00 0.00 -$
ea 0.00 30.00 0.00 -$
New Work ea 0.00 30.00 0.00 -$
sf 0.00 30.00 0.00 -$
ea 0.00 30.00 0.00 -$
ea 0.00 30.00 0.00 -$
SF 0.00 30.00 0.00 -$
LF 0.00 30.00 0.00 -$
ea 0.00 30.00 0.00 -$
ea 0.00 30.00 0.00 -$
sf 0.00 30.00 0.00 -$
ea 0.00 0.00 30.00 0.00 -$
ea 0.00 0.00 30.00 0.00 -$
ea 0.00 0.00 30.00 0.00 -$
ea 0.00 0.00 30.00 0.00 -$
General Conditions 0.00
Superintendent weeks 50.00 0.00 -$
Quality Control 50.00 0.00 -$
Project Manager 60.00 0.00 -$
Clean up stocking safety labor 25.00 0.00 -$
Dumpster ea 630.00 0.00 0.00 -$
Safety Plan ea 2400.00 0.00 0.00 -$
QC Plan ea 2400.00 0.00 0.00 -$
Temp Toilets (none required) 0.00
Total Material 678,867$
OTHER WORK Amount 6.00% Sales Tax 40,732$
MATERIAL SUBTOTAL 719,599$
Complete Design Fees 1 ea 0.00 Total Labor 566,250$
Added cost to complete scope 1 ea 0.00 0.00% Night Differential -$
ea 0.00 Burden -$
ea 0.00 LABOR SUBTOTAL 566,250$
0.00 Misc.tools and Equipment
0.00 Other Work -$
0.00 Supervision INC
0.00 SUBTOTAL 1,285,849$
0.00 10.00% Overhead 128,585$
0.00 5.00% Profit 70,722$
0.00 SUBTOTAL 1,485,156$
1.00% Bond 14,844$
GRAND TOTAL 1,500,000$
Page 1 Estimate
Construction Cost Estimate Breakdown DATE 10/21/2024
Contractor: VIGIL CONTRACTING INC. PROPOSAL PRICE:
Contract for (work to be performed): PROPOSAL NO.
Work Location: Woodland Terrace CCTV CONTRACT NO.
Material/Equip. Costs Labor Costs
Description of Unit Unit of Unit Total Cost Man Average Total Cost Line
Item Quantity Measure Cost Material Hours Rate Labor Totals
Woodland Terrace CCTV
Demo Existing Storefront Area ea 0.00 0.00 75.00 0.00 -$
Installation of Storefront 0 ea 70060.65 0.00 0 75.00 0.00 -$
Installation of Electrical Power 1 ea 97488.37 97488.37 1933 75.00 144975.00 242,463$
Installation of Access Controls/CCTV 1 ea 378141.34 378141.34 4489 75.00 336675.00 714,816$
ea 0.00 30.00 0.00 -$
ea 0.00 30.00 0.00 -$
ea 0.00 30.00 0.00 -$
ea 0.00 30.00 0.00 -$
New Work ea 0.00 30.00 0.00 -$
sf 0.00 30.00 0.00 -$
ea 0.00 30.00 0.00 -$
ea 0.00 30.00 0.00 -$
SF 0.00 30.00 0.00 -$
LF 0.00 30.00 0.00 -$
ea 0.00 30.00 0.00 -$
ea 0.00 30.00 0.00 -$
sf 0.00 30.00 0.00 -$
ea 0.00 0.00 30.00 0.00 -$
ea 0.00 0.00 30.00 0.00 -$
ea 0.00 0.00 30.00 0.00 -$
ea 0.00 0.00 30.00 0.00 -$
General Conditions 0.00
Superintendent weeks 50.00 0.00 -$
Quality Control 50.00 0.00 -$
Project Manager 60.00 0.00 -$
Clean up stocking safety labor 25.00 0.00 -$
Dumpster ea 630.00 0.00 0.00 -$
Safety Plan ea 2400.00 0.00 0.00 -$
QC Plan ea 2400.00 0.00 0.00 -$
Temp Toilets (none required) 0.00
Total Material 475,630$
OTHER WORK Amount 6.00% Sales Tax 28,538$
MATERIAL SUBTOTAL 504,167$
Complete Design Fees 1 ea 0.00 Total Labor 481,650$
Added cost to complete scope 1 ea 0.00 0.00% Night Differential -$
ea 0.00 Burden -$
ea 0.00 LABOR SUBTOTAL 481,650$
0.00 Misc.tools and Equipment
0.00 Other Work -$
0.00 Supervision INC
0.00 SUBTOTAL 985,817$
0.00 10.00% Overhead 98,582$
0.00 5.00% Profit 54,220$
0.00 SUBTOTAL 1,138,619$
1.00% Bond 11,380$
GRAND TOTAL 1,150,000$
Page 1 Estimate
DCHA 0013-D-2022 Phase 1 Security Camera and Access Control Upgrades at Various DCHA Properties Attachment

ATTACHMENT E – SECTION 3 COMMITMENT

DCHA Section 3 Action Plan
Overview:
This form should be completed and submitted with allSection 3-applicableDistrictof Columbia Housing
Authority(DCHA) contractproposalsto demonstrate how the respondent/bidder proposes meeting its
Section 3 obligationto provide employment and other economic opportunitiesto low and very-low-
income people.
For more information about Section 3, please referto the Section 3 Contractor Compliance Agreement.
Part |:Contract Details(Required)
Prime Contractor’s Name: VigilContracting, Inc.
RFP/Contract Number: 0013-2022
ProjectTitle:General ContractorsforSmallto Medium SizeConstruction
Proposed ContractValue:$500,000.00-$10,000,000.00peryear
Person Responsible forSection3 Reporting:JJ.Vigil
Section3 Reporting Contact’sPhone Number: 410-451-9510
Section3 ReportingContact’sEmailAddress:JJVigil@vigilbusiness.com
DCHA ORS May 2018 1
& DistrictofColumbiaHousingAuthority
1133 NorthCapitolStreetNE, WashingtonDC 20002-7599
Part Ul:Hiring(Required)
ThesafeharbornumericalgoalSection3hireis30%ofllnewhis.Allful-timepostionsrelevantto the project,from the potentialprime and allproposed subcontractorsmust be included.Ifnew hires
are not needed, thisshould be noted on the table,and willbe monitored duringthe contractperiod.
Hiresintoa certifiedapprenticeshipprogram can count toward your new hirepercentage.
Note: Thisisa projection.Ifthe actualnumber of totalhireschanges, so willthe expected number of
Section3 hires.Section3 hiringprocedures must be followed forevery new hire,meaning the new hire
requestform must be submitted to DCHA fivebusinessdays priorto opening the postingelsewhere.
(2)Expected (3)# of
(1}Job Title(foreach full- # of Positions (4)Total New (5)Section 3
time positionproposed to Employees Occupied by Hires Expected New Hires
work on the project} working on Current
project Employees

TotalSection3 New HireSafe Harbor:
(Totalof column (4)x 0.3,rounded to nearest whole number)
Proposed Percentage of New Hires that are Section 3:
(Totalofcolumn (5)/ Totalofcolumn (4)x 100)
lfthe proposed percentageof new hiresthatareSection3 isbelow 30%, use thissectionto explainwhy
itisnotfeasibletofulfillthisgoal,and complete“PartIV:Other Economic Opportunities”to propose
alternativemethods of providing economic opportunities to Section 3 individuals.
—
DCHA ORS September 2017 2

DistrictofColumbiaHousingAuthority
1133NorthCapitolStreetNE, WashingtonDC 20002-7599
PartIll:Subcontracting(Required)
The safeharbornumericalgoalsforsubcontractingto Section3 businessconcernsare 10% for
constructioncontractsand 3% forprofessionalservicesand allother contracts.
Section 3 Business Concerns Subcontracts
TotalAnticipatedDollarValue of Subcontractsto Section3 BusinessConcerns:
Percentage ofTotalContractValue Anticipatedto Subcontractto Section3 Businesses(above
column/expected totalcontractvalue):

Expected Section 3 Business Concerns Subcontracts
Sub-Contractor Name: TBD
Contact Name:
Contact Phone Number:
Contact Email:
AnticipatedContractValue:
AnticipatedScope of Work:
AnticipatedTimeframe ofWork:ce ee eS? MRR NO a enaC EYUMC RN NRTA SRE AMENUTINT NNo GONTR So
Sub-Contractor Name: TBD
Contact Name:
ContactPhone Number:
Contact Email:
AnticipatedContractValue:
AnticipatedScope of Work:
AnticipatedTimeframe ofWork:
Sub-Contractor Name:TBD
Contact Name:
Contact Phone Number:
Contact Email:
AnticipatedContractValue:
AnticipatedScope of Work:
Anticipated Timeframe of Work:

Ifthe proposed percentageofsubcontractstoSection3 businessconcernsislessthan 10% for
constructioncontractsor 3% fornon-constructioncontracts,use thissectionto explainwhy itisnot
feasibleto fulfillthe goal,and complete “PartIV:Other Economic Opportunities”to propose alternative
methods of providing economic opportunitiesto Section 3 individuals.
From Vigil’sexperience,the pastcriteriato fulfillour section3 requirements,has been by eitherhiring
Section 3 residentsOR subcontracting to a Section 3 subcontractor.We have aways fulfilledthis
requirementby hiringSection3 employees ratherthan Section3 subcontractors.however, inthe event
we are selectedas contractorforthisRFP,we willimmediately beginthe processof reachingout to
qualifiedand dependable Section3 subcontractorsforthe ongoing contractinorder to meet this

uirement.
DCHA ORS September 2017 3
DistrictofColumbiaHousingAuthority
1133NorthCapitolStreetNE, WashingtonDC 20002-7599
PartIV:Other Economic Opportunities(RequiredIfunable to fulfillhiringor subcontractinggoalsor if
neitherhiringnor subcontractingforthe project.)
Thissectionisrequiredforallproposed prime contractorswho were not ableto meet the hiringor
subcontractingsafeharbor numericalgoals,as wellasthose who are neitherhiringnor subcontracting.
Other economic opportunitiesshould be commensurate with the valueofcontract,10% forconstruction
contractsand 3% forprofessionalservicesand allothercontracts,and must be approved by the Section
3 Coordinatorpriorto implementation.
Types of Other Economic Opportunitiesyou willprovide:
Workforce skillstrainingsforDCHA residents
CiOther self-sufficiencytrainingsforDCHA residents
LlEntrepreneurialtrainingsor pro-bono servicesforDCHA resident-ownedbusinessesorStart-ups
XJPro-bonoservicesforResidentCouncils
C)Legalclinics/advicetosupportself-sufficiency
[JHostand sponsorDo Your B.E.S.T.interns
bSponsor self-sufficiencyprogramming atthe Southwest FamilyEnhancement and Career Center
XdSponsorCommitment to Excellencescholarships($1000or$5000 increments)
Professional clothingdriveforthe Southwest FamilyEnhancement and CareerCenter
Previously hiredDC Section3 employees willbe utilizedon thisprojectfor_25 % ofthe project’s
labor
CiOther
Pleaseuse thisspace to provideadditionalinformationsuch as specifictopics,number of trainings,
approximate monetary value of pro-bono services,etc.:
Vigiliscommitted to trainDCHA residentsintradesthatwe self-performsuchas carpentry,painting,
drywall,flooring,plumbing,and HVAC. The number oftrainingswould depend upon the number of
DCHA residentstudentsand theirinterestina specifictrade.Vigilwill,and has inthe past,sponsored
programs atthe South West FamilyEnhancement and CareerCenteraswellas ExcellenceScholarships.
Vigilhas alsoprovidedprofessionalclothingforSFECC and plansto continueinthiseffort.Vigilhas
contributedto multipleDCHA sponsoredjob fairsand put on by the DCHA Officeof ResidentHousing.As
a result,Vigilhas hiredSection3 employees from theseeffortsinthe past.Inaddition,Vigilhas also
sponsored other localhousing authorityresidents,with scholarshipsinthe range of $1000. As isevident
by our past contributions,VigilbelievesItisimportant to support these communities and assistthese
individualswith a path to a successfulcareer.

DCHA ORS September 2017
‘a
a Desa of Colamiua Hour Authority ”
1133 North CapitelSpeer NE. Washimgton DC NXVI2-7599
Part V: Section 3 Past Performance
——, the table below if eae have successfullyachieved Section 3 compliance on previous contracts.

Timeframe Actions
{include# of Section 3 Hires,Subcontractor
Names, etc.)

i
;
3 Section 3 hiresout of a totalof 5
ex, | —
ee Vacancy Unit Turnovers 3months 1 Section 3 hireout of 1 new hire
Richardson Dwellings Unit 3Smonths 1734 Section 3 man hours compared to 6304 |
Turnovers totalman hours which is28% of the project
completed by Section3 employees
PartVI:Authorization(Required)
By signingbelow, the contractor agrees to abide by itscommitments inthisaction plan according to the
policyand procedures inthe contractorcompliance agreement. Ifforany reason the contractor
anticipatesan inabilityto fulfillthisactionplan,itisthe contractor'sresponsibilityto contact DCHA’s
Section 3 Coordinator to negotiate a revisedactionplan.

Authorized Signatory’sTitle:
ECO
DCHA Officeof Resident ServicesInternalUse Only
By signingbelow, DCHA’s Officeof Resident Servicescertifiesthat thisaction plan meets the greatest
extentfeasiblerequirements per HUD’s 24 CFR 135 and DCHA’s Section3 Policy.
Authorized Signatory’sName:
Authorized Signatory’sTitle:
DCHA ORS September 2017 6
DCHA 0013-D-2022 Phase 1 Security Camera and Access Control Upgrades at Various DCHA Properties Attachment

ATTACHMENT F – HUD GENERAL CONDITIONS FOR CONTRACT

General Conditions for Construction
Contracts - Public Housing Programs

U .S . De part m ent of H ous ing and U rban
Dev el o pment
O ff ic e o f Pu b lic an d In d ia n Ho u s in g
O M B App ro v a l No . 2577-0157 (ex p . 1/31/2027)
App licab ility. Th is for m is ap pl icab le to an y
c o n s tru c tio n /d e v e lo p m e n t c o n tra c t g re a te r th a n $250,000.
Public reporting burden for this collection of information is estimated to average 1.0 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. Comments
regarding the accuracy of this burden estimate and any suggestions for reducing this burden can be sent to the Reports Management Officer, Office of
Policy Development and Research, REE, Department of Housing and Urban Development, 451 7th St SW, Room 4176, Washington, DC 20410-5000.
When providing comments, please refer to OMB Approval No. 2577-0157. Th is fo rm inc lud e s th o s e c lau s e s re q u ir e d b y OM B's c o mm o n ru le o n g ra n te e
p ro c u re m e n t, im p lemen te d a t H U D in 2 CFR 200, a n d th o s e re q u ire men ts s e t fo rth in S e c tion 3 o f th e H o u s ing a n d U rb a n De v e lop men t Ac t o f 1968 a n d
its a m e n d me n t b y th e H o u s ing a n d Co m mun it y De v e lop men t Ac t o f 1992, im p le me n te d b y H U D a t 24 CFR P a rt 75. T h e fo rm is re q u ire d fo r c o n s tru c tio n
c o n tra c ts a w a rd e d b y P u b lic H o u s ing Ag e n c ies (P H As ). The form is used by Housing Authorities in solicitations to provide necessary contract clauses. If
the form were not used, PHAs would be unable to enforce their contracts. Responses to the collection of information are required to obtain a benefit or to
retain a benefit. The information requested does not lend itself to confidentiality. HUD may not conduct or sponsor, and a person is not required to respond
to a collection of information unless it displays a currently valid OMB number.

T
Clause Page Clause Page
1. Definitions 2 Administrative Requirements
2. Contractor’s Responsibility for Work 2 25. Contract Period 9
3. Architect’s Duties, Responsibilities and Authority 2 26. Order of Precedence 9
4. Other Contracts 3 27. Payments 9
Construction Requirements 28. Contract Modifications 10
5. Preconstruction Conference and Notice to Proceed 3 29. Changes 10
6. Construction Progress Schedule 3 30. Suspension of Work 11
7. Site Investigation and Conditions Affecting the Work 3 31. Disputes 11
8. Differing Site Conditions 4 32. Default 11
9. Specifications and Drawings for Construction 4 33. Liquidated 12
10. As -Built Drawings 5 34. Termination of Convenience 12
11. Material and Workmanship 5 35. Assignment of Contract 12
12. Permits and Codes 5 36. Insurance 12
13. Health, Safety, and Accident Prevention 6 37. Subcontracts 13
14. Temporary Buildings and Transportation Materials 6 38. Subcontracting with Small and Minority Firms, Women’s
Business Enterprise, and Labor Surplus Area Firms 13
15. Availability and Use of Utility Services 6 39. Equal Employment Opportunity 13
16. Protection of Existing Vegetation, Structures,
Equipment, Utilities, and Improvements 6
40. Employment, Training, and Contracting Opportunities for
Low -Income Persons, Section 3 of the Housing and
Urban Development Act of 1968
14
17. Temporary Buildings and Transportation Materials 7 41. Interest of Members of Congress 15
18. Clean Air and Water 7 42. Interest of Members, Officers, or Employees and
Former Members, Officers, or Employees
15
19. Energy Efficiency 7 43. Limitations on Payments Made to Influence 15
20. Inspection and Acceptance of Construction 7 44. Royalties and Patents 15
21. Use and Possession Prior to 8 45. Examination and Retention of Contractor’s Records 15
22. Warranty of Title 8 46. Labor Standards -Davis -Bacon and Related Acts 15
23. Warranty of 8 47. Non -Federal Prevailing Wage Rates 19
24. Prohibition Against 9 48. Procurement of Recovered 19
Liens Materials
Previous editions are obsolete Page 1 of 19 form HUD -5370 (1/2014)
Replaces form HUD -5370-A
1. Definitions (a) The Contractor shall furnish all necessary labor,
materials, tools, equipment, and transportation necessary
(a) “Architect” means the person or other entity engaged by for performance of the work. The Contractor shall also
the PHA to perform architectural, engineering, design, furnish all necessary water, heat, light, and power not
and other services related to the work as provided for in made available to the Contractor by the PHA pursuant to
the contract. When a PHA uses an engineer to act in this the clause entitled Availability and Use of Utility Services
capacity, the terms “architect” and “engineer” shall be herein.
synonymous. The Architect shall serve as a technical (b) The Contractor shall perform on the site, and with its own
representative of the Contracting Officer. The Architect’s organization, work equivalent to at least [ ] (12 percent
authority is as set forth elsewhere in this contract. unless otherwise indicated) of the total amount of work to
(b) “Contract” means the contract entered into between the be performed under the order. This percentage may be
PHA and the Contractor. It includes the forms of Bid, the reduced by a supplemental agreement to this order if,
Bid Bond, the Performance and Payment Bond or Bonds during performing the work, the Contractor requests a
or other assurance of completion, the Certifications, reducti on and the Contracting Officer determines that the
Representations, and Other Statements of Bidders (form reduction would be to the advantage of the PHA.
HUD -5370), these General Conditions of the Contract for (c) At all times during performance of this co ntract and until
Construction (form HUD -5370), the applicable wage rate the work is completed and accepted, the Contractor shall
determinations from the U.S. Department of Labor, any directly superintend the work or assign and have on the
special condition s included elsewhere in the contract, the work site a competent superintendent who is satisfactory
specifications, and drawings. It includes all formal to the Contracting Officer and has authority to act for the
changes to any of those documents by addendum, Contractor.
change order, or other modification. (d) The Contractor shall be responsible for all damages to
(c) “Contracting Officer” means the person delegated the au- persons or property that occur as a result of the
thority by the PHA to enter into, administer, and/or Contractor’s fault or negligence, and shall take proper
terminate this contract and designated as such in writing safety and health precautions to protect the work, the
to the Contractor. The term includes any successor workers, the public, and the property of others. The
Contracting Officer and any duly authorized Contractor shall hold and save the PHA, its officers and
representative of the Contracting Officer also designated agents, free and harmless from lia bility of any nature
in writing. The Contracting Officer shall be deemed the occasioned by the Contractor’s performance. The
authorized agent of the PHA in all dealings with the Contractor shall also be responsible for all materials
Contractor. delivered and work performed until completion and
(d) “Contractor” means the person or other entity entering acceptance of the entire work, except for any completed
into the contract with the PHA to perform all of the work unit of work which may have been acce pted under the
required under the contract. contract.
(e) “Drawings” means the drawings enumerated in the (e) The Contractor shall lay out the work from base lines and
schedule of drawings contained in the Specifications and bench marks indicated on the drawin gs and be
as described in the contract clause entitled Specifications responsible for all lines, levels, and measurements of all
and Drawings for Construction herein. work executed under the contract. The Contractor shall
(f) “HUD” means the United States of America acting through verify the figures before laying out the work and will be
the Department of Housing and Urban Development held responsible for any error resulting from its failure to
including the Secretary, or any other person designated to do so.
act on its behalf. HUD has agreed, subject to the provisions of an (f) The Contractor shall confine all operations (including
Annual Contributions Terms and Conditions (ACC), to storage of materials) on PHA premises to areas
provide financial assistance to the PHA, which includes authorized or approved by the Contracting Officer.
assistance in financing the work to be performed under (g) The Contractor shall at all times keep the work area,
this contract. As defined elsewhere in these General including storage areas, free from accumulations of
Conditions or the contract documents, the determination waste materials. After completing the work and before
of HUD may be required to authorize changes in the work final inspection, the Contractor shall (1) remove from the
or for release of funds to the PHA for payment to the premises all scaffolding, equipment, tools, and materials
Contractor. Notwithstanding HUD’s role, nothing in this (including rejected materials) that are not the property of
contract shall be construed to create any contractual the PHA and all rubbish caused by its work; (2) leave the
relationship between the Contractor and HUD. work area in a clean, neat, and orderly condition
(g) “Project” means the entire project, whether construction satisfactory to the Contracting Officer; (3) perform all
or rehabilitation, the work for which is provided for in specified tests; and, (4) deliver the installation in
whole or in part under this contract. complete and operating condition.
(h) “PHA” means the Public Housing Agency organized (h) The Contractor’s responsibility will terminate when all
under applicable state laws which is a party to this work has been completed, the final inspection made, and
contract. the work accepted by the Contrac ting Officer. The
(j) “Specifications” means the written description of the Contractor will then be released from further obligation
technical requirements for construction and includes the except as required by the warranties specified elsewhere
criteria and tests for determining whether the in the contract.
requirements are met.
(l) “Work” means materials, workmanship, and manufacture 3. Architect’s Duties, Responsibilities, and Authority
and fabrication of components.
(a) The Architect for this contract, and any successor, shall
2. Contractor’s Responsibility for Work be designated in writing by the Contracting Officer.
Previous editions are obsolete Page 2 of 19 form HUD -5370 (1/2014)
Replaces form HUD -5370-A
(b) The Architect shall serve as the Contracting Officer’s
technical representative with respect to architectural, 6. Construction Progress
Schedule engineering, and design matters related to the work
performed under the contract. The Architect may provide (a) The Contractor shal l, within five days after the work
direction on contract performance. Such direction shall be commences on the contract or another period of time
within the scope of the contract and may not be of a determined by the Contracting Officer, prepare and
nature which: (1) institutes additional work outside the submit to the Contracting Officer for approval three copies
scope of the contract; (2) constitutes a change as defined of a practicable schedule showing the order in which the
in the Changes clause h erein; (3) causes an increase or Contractor proposes to perform the work, and the dates
decrease in the cost of the contract; (4) alters the on which the Contractor contemplates starting and
Construction Progress Schedule; or (5) changes any of completing the several salient features of the work
the other express terms or conditions of the contract. (including acquiring labor, materials, and equipment). The
(c) The Architect’s duties and responsibilities may include but schedule shall be in the form of a progre ss chart of
shall not be limited to: suitable scale to indicate appropriately the percentage of
(1) Making periodic visits to the work site, and on the work scheduled for completion by any given date during
basis of his/her on -site inspections, issuing written the period. If the Contractor fails to submit a schedule
reports to the PHA which shall include all observed within the time prescribed, the Contracting Officer may
deficiencies. The Architect shall file a copy of the withhold approval of progress payments or take other
report with the Contractor’s designated representative remedies under the contract until the Contractor submits
at the site; the required schedule.
(2) Making modifications in drawings and technical (b) The Contractor shall enter the act ual progress on the
specifications and assisting the Contracting Officer in chart as required by the Contracting Officer, and
the preparation of change orders and other contract immediately deliver three copies of the annotated
modifications for issuance b y the Contracting Officer; schedule to the Contracting Officer. If the Contracting
(3) Reviewing and making recommendations with respect Officer determines, upon the basis of inspection
to - (i) the Contractor’s construction progress conducted pursuant to the clause entitled Inspection and
schedules; (ii) the Contractor’s shop and detailed Acceptance of Construction, herein that the Contractor is
drawings; (iii) the machinery, mechanical and other not meeting the approved schedule, the Contractor shall
equipment and materials or other articles proposed take steps necessary to improve its progress, including
for use by the Contractor; and, (iv) the Contractor’s those that may be required by the Contracting Officer,
price breakdown and progress payment est imates; without additional cost to the PHA. In this circumstance,
and, the Contracting Officer may require the Contractor to
(4) Assisting in inspections, signing Certificates of increase the number of shifts, overtime operations, days
Completion, and making recommendations with of work, and/or the amount of construction plant, and to
respect to acceptance of work completed under the submit for approval any supplementary schedule or
contract. schedules in chart form as the Contracting Officer deems
nece ssary to demonstrate how the approved rate of
4. Other Contracts progress will be regained.
(c) Failure of the Contractor to comply with the requirements
The PHA may undertake or award other contracts for of the Contracting Officer under this clause shall be
additional work at or near the site of the work under this grounds for a determination by the Contracting Officer that
contract. The Contractor shall fully cooperate with the the Contractor is not prosecuting the work with sufficient
other contrac tors and with PHA employees and shall diligence to ensure completion within the time
carefully adapt scheduling and performing the work under specified in the Contract. Upon making this
this contract to accommodate the additional work, heeding determinatio n, the Contracting Officer may terminate the
any direction that may be provided by the Contracting Contractor’s right to proceed with the work, or any
Officer. The Contractor shall not commit or permit any act separable part of it, in accordance with the Default clause
that will interfere with the performance of work by any of this contract.
other contractor or by PHA employees
7. Site Investigation and Conditions Affecting the Work Construction Requirements
(a) The Contractor acknowledges that it has taken steps
5. Pre -construction Conference and Notice to Proceed reasonably necessary to ascertain the nature and location
of the work, and that it has investigated and satisfied itself
(a) Within ten calendar days of contract execution, and prior as to the general and local conditions which can affect the
to the commencement of work, the Contractor shall work or its cost, including but not limited to, (1) conditions
attend a preconstruction conference with representatives beari ng upon transportation, disposal, handling, and
of the PHA, its Architect, and other interested parties storage of materials; (2) the availability of labor, water,
convened by the PHA. The conference will serve to electric power, and roads;(3) uncertaintie s of weather,
acquaint the participants with the general plan of the river stages, tides, or similar physical conditions at the
construction operation and all other requirements of the site; (4) the conformation and conditions of the ground;
contract. The PHA will provide the Contractor with the and (5) the character of equipment and facilities needed
date, time, and place of the conference. preliminary to and during work performance. The
(b) The contractor shall begin work upon receipt of a written Contractor also acknowledges that it has satisfied itself as
Notice to Proceed from the Contracting Officer or to the character, quality, and quantity of surface and
designee. The Contractor shall not begin work prior to subsurface materials or obs tacles to be encountered
receiving such notice. insofar as this information is
Previous editions are obsolete Page 3 of 19 form HUD -5370 (1/2014)
Replaces form HUD -5370-A
reasonably ascertainable from an inspection of the site, promptly submitt ed to the Contracting Officer, who shall
including all exploratory work done by the PHA, as well
as from the drawings and specifications made a part of
this contract. Any failure of the Contractor to take the
actions described and acknowledged in this paragraph
will not relieve the Contractor from responsibility for
estimating properly the difficulty and cost of successfully
performing the work, or for proceeding to successfully
perform the work without additional expense to the PHA .
(b) The PHA assumes no responsibility for any conclusions
or interpretations made by the Contractor based on the
information made available by the PHA. Nor does the
PHA assume responsibility for any understanding
reached or representation made concerning conditions
which can affect the work by any of its officers or agents
before the execution of this contract, unless that
understanding or representation is expressly stated in
this contract.
8. Differing Site Conditions
(a) The Contractor shall promptly, and before the conditions
are disturbed, give a written notice to the Contracting Officer
of (1) subsurface or latent physical conditions at the site which
differ materially from those indicated in this contract, or (2)
unknown physical condition s at the site(s), of an unusual
nature, which differ materially from those ordinarily
encountered and generally recognized as inhering in work of
the character provided for in the contract.
(b) The Contracting Officer shall investigate the site
conditions prom ptly after receiving the notice. Work shall not
proceed at the affected site, except at the
Contractor’s risk, until the Contracting Officer has
provided written instructions to the Contractor. If the
conditions do materially so differ and cause an increas e
or decrease in the Contractor’s cost of, or the time
required for, performing any part of the work under this
contract, whether or not changed as a result of the
conditions, the Contractor shall file a claim in writing to
the PHA within ten days after re ceipt of such instructions
and, in any event, before proceeding with the work. An
equitable adjustment in the contract price, the delivery
schedule, or both shall be made under this clause and
the contract modified in writing accordingly.
(c) No request by the Contractor for an equitable
adjustment to the contract under this clause shall be
allowed, unless the Contractor has given the written notice
required; provided, that the time prescribed in (a) above for
giving written notice may be extended by the Contra cting
Officer.
(d) No request by the Contractor for an equitable adjustment
to the contract for differing site conditions shall be allowed if
made after final payment under this contract.
9. Specifications and Drawings for Construction
(a) The Contractor shall keep on the work site a copy of the
drawings and specifications and shall at all times give
the Contracting Officer access thereto. Anything
mentioned in the specifications and not shown on the
drawings, or shown on the drawings and not mentioned
in the s pecifications, shall be of like effect as if shown or
mentioned in both. In case of difference between
drawings and specifications, the specifications shall
govern. In case of discrepancy in the figures, in the
drawings, or in the specifications, the matte r shall be
promptly make a determination in writing. Any adjustment
by the Contractor without such a determination shall be at
its own risk and expense. The Contracting Officer shall
furnish from time to time such detailed drawings and other
information as considered necessary, unless
otherwise provided.
(b) Wherever in the specifications or upon the drawings the
words “directed”, “required”, “ordered”, “designated”,
“prescribed”, or words of like import are used, it shall be
understood that the “direction”, “requirement”, “order”,
“designation”, or “prescription”, of the Contracting Officer is
intended and similarly the words “approved”, “acceptable”,
“satisfactory”, or words of like import shall mean “approved
by”, or “acceptable to”, or “satisf actory to” the Contracting
Officer, unless otherwise expressly stated.
(c) Where “as shown” “as indicated”, “as detailed”, or words
of similar import are used, it shall be understood that the
reference is made to the drawings accompanying this
contract unless stated otherwise. The word “provided” as
used herein shall be understood to mean “provide
complete in place” that is “furnished and installed”.
(d) “Shop drawings” means drawings, submitted to the PHA
by the Contractor, subcontractor, or any lower tier
subcontractor, showing in detail (1) the proposed fabrication
and assembly of structural elements and (2) the installation
(i.e., form, fit, and attachment details) of materials of
equipment. It includes drawings, diagrams, layouts,
schematics, descriptive literature, illustrations, schedules,
performance and test data, and similar materials furnished by
the Contractor to explain in detail specific portions of the work
required by the contract. The PHA may duplicate, use, and
disclose in any manner and for any purpose shop drawings
delivered under this contract.
(e) If this contract requires shop drawings, the Contractor
shall coordinate all such drawings, and review them for
accuracy, completeness, and compliance with other contract
requirements and shall indic ate its approval thereon as
evidence of such coordination and review. Shop drawings
submitted to the Contracting Officer without evidence of the
Contractor’s approval may be returned for resubmission.
The Contracting Officer will indicate an approval or
di sapproval of the shop drawings and if not approved as
submitted shall indicate the PHA’s reasons therefore. Any
work done before such approval shall be at the Contractor’s
risk. Approval by the Contracting Officer shall not relieve the
Contractor from resp onsibility for any errors or omissions in
such drawings, nor from responsibility for complying with the
requirements of this contract, except with respect to
variations described and approved in accordance with (f)
below.
(f) If shop drawings show variations f rom the contract
requirements, the Contractor shall describe such variations in
writing, separate from the drawings, at the time of
submission. If the Architect approves any such variation and
the Contracting Officer concurs, the Contracting Officer shall
issue an appropriate modification to the contract, except that,
if the variation is minor or does not involve a change in price
or in time of performance, a modification need not be issued.
(g) It shall be the responsibility of the Contractor to make
timely re quests of the PHA for such large scale and full size
drawings, color schemes, and other additional information,
not already in his possession, which shall be
Previous editions are obsolete Page 4 of 19 form HUD -5370 (1/2014)
Rep laces form HUD -5370-A
required in the planning and production of the work. Such machinery and mechanical and other equipment.
requests may be submitted as the need arises, but each When required by this contract or by the Contracting
such request shall be filed in ample time to permit Officer, the Contractor shall also obtain the
appropriate action to be taken by all parties involved so Contracting Officer’s approval of the material or
as to avoid delay. articles which the Contractor contemplates
(h) The Contractor shall submit to the Contracting Officer for incorporating into the work. When requesting
approval four copies (unless otherwise indicated) of all approval, the Contractor shall provide full information
shop drawings a s called for under the various headings concerning the material or articles. Machinery,
of these specifications. Three sets (unless otherwise equipment, material, and articles that do not have the
indicated) of all shop drawings, will be retained by the re quired approval shall be installed or used at the risk
PHA and one set will be returned to the Contractor. As of subsequent rejection.
required by the Contracting Officer, the Contractor, upon (2) When required by the specifications or the
completing the work under this contract, shall furnish a Contracting Officer, the Contractor shall submit
complete set of all shop drawings as finally approved. appropriately marked samples (and certificates
These drawings shall show all changes and revisi ons related to them) for approval at the Contractor’s
made up to the time the work is completed and accepted. expense, with all shipping charges prepaid. The
(i) This clause shall be included in all subcontracts at any tier. Contractor shall label, or otherwis e properly mark on
It shall be the responsibility of the Contractor to ensure the container, the material or product represented, its
that all shop drawings prepared by subcontractors are place of origin, the name of the producer, the
submitted to the Cont racting Officer. Contractor’s name, and the identification of the
construction project for which the material or product
10. As-Built Drawings is intended to be used.
(3) Certificates shall be submitted in triplicate, describing
(a) “As-built drawings,” as used in this clause, means each sample submitted for approval and certifying
drawings submitted by the Contractor or subcontractor at that the material, equipment or accessory complies
any tier to show the construction of a particular structu re with contract requirements. The certificates shall
or work as actually completed under the contract. “As -built include the name and brand of the product, name of
drawings” shall be synonymous with “Record manufacturer, and the location where produced.
d rawings.” (4) Approval of a sample shall not constitute a waiver of
(b) As required by the Contracting Officer, the Contractor the PHA right to demand full compliance with contract
shall provide the Contracting Officer accurate information requirements. Materials, equipment and accessories
to be used in the preparation of permanent as -built may be rejected for cause even though samples have
drawings. For this purpose, the Contractor shall record on been approved.
one set of contract drawings all changes from the (5) Wherever materials are required to comply with
installations originally indicated, and record final locations recognized standards or specifications, such
of underground lines by depth from finish grade and by specifications shall be accepted as establishing the
accurate horizontal offset distances to permanent surface technical qualities and testing methods, but shall not
improvements such as buildings, curbs, or edges of govern the number of tests required to be made nor
walks. m odify other contract requirements. The Contracting
(c) This clause shall be included in all subcontracts at any Officer may require laboratory test reports on items
tier. It shall be the responsibility of the Contractor to submitted for approval or may approve materials on
ensure that all as -built drawings prepared by the basis of data submitted in certificates with
subcontractors are submitted to the Contracting Officer. samples. Check tests will be made on materials
delivered for use only as frequently as the Contracting
11. Material and Workmanship Officer determines necessary to insure compliance of
materials with the specifications. The Contractor will
(a) All equipment, material, and articles furnished under this assume all costs of retesting materials which fail to
contract shall be new and of the most suitable grade for meet contract requirements and/or testing materials
the purpose intended, unless otherwise specifically offered in substitution for those found deficient.
provided in this contract. References in the contract to (6) After approval, samples will be kept in the Project
equipment, material, articles, or patented processes by office until completion of work. They may be built into
trade name, make, or catalog number, shall be re garded the work after a substantial quantity of the materials
as establishing a standard of quality and shall not be they represent has been built in and accepted.
construed as limiting competition. The Contractor may, at (c) Requirements concerning lead -b ased paint. The
its option, use any equipment, material, article, or Contractor shall comply with the requirements concerning
process that, in the judgment of, and as approved by the lead -based paint contained in the Lead -Based Paint
Contracting Officer, i s equal to that named in the Poisoning Prevention Act (42 U.S.C. 4821 -4846) as
specifications, unless otherwise specifically provided in implemented by 24 CFR Part 35.
this contract.
(b) Approval of equipment and materials. 12. Permits and Codes
(1) The Contractor shall obtain the Contracting Officer’s
approval of the machinery and mechanical and other (a) The Contractor shall give all notices and comply with all
equipment to be incorporated into the work. When applicable la ws, ordinances, codes, rules and regulations.
requesting approval, the Contractor shall furnish to the Notwithstanding the requirement of the Contractor to
Contracting Officer the name of the manufacturer, the comply with the drawings and specifications in the
model number, and other information concerning the contract, all work installed shall comply with all applicable
performance, capacity, nature, and rating of the codes and regulations as amended by any
Previous editions are obsolete Page 5 of 19 f o r m H U D - 5 3 70 ( 1/ 2 01 4 )
Replaces form HUD -5370-A
waivers. Before installing the work, the Contractor shall
examine the drawings and the specifications for 14. Temporary Heating
compliance with applicable codes and regulations
bearing on the work and shall immediately report any The Contractor shall provide and pay for temporary
discrepancy it may discover to the Contracting Officer. heating, covering, and enclosures necessary to properly
Where the requirements of th e drawings and protect all work and materials against damage by
specifications fail to comply with the applicable code or dampness and cold, to dry out the work, and to facilitate
regulation, the Contracting Officer shall modify the the completion of the w ork. Any permanent heating
contract by change order pursuant to the clause entitled equipment used shall be turned over to the PHA in the
Changes herein to conform to the code or regulation. condition and at the time required by the specifications.
(b) The Contractor shall secure and pay for all permits, fees,
and licenses necessary for the proper execution and 15. Availability and Use of Utility Services
completion of the work. Where the PHA can arrange for
the issuance of all or part of these permits, fees and (a) The PHA shall make all reasonably required amounts of
licenses, without cost to the Contractor, the contract utilities available to the Contractor from existing outlets
amount shall be reduced accordingly. and supplies, as specified i n the contract. Unless
otherwise provided in the contract, the amount of each
13. Health, Safety, and Accident Prevention utility service consumed shall be charged to or paid for by
the Contractor at prevailing rates charged to the PHA or,
(a) In performin g this contract, the Contractor shall: where the utility is produced by the PHA, at reasonable
(1) Ensure that no laborer or mechanic shall be required rates determined by the Contracting Officer. The
to work in surroundings or under working conditions Contrac tor shall carefully conserve any utilities furnished
which are unsanitary, hazardous, or dangerous to without charge.
his/her health and/or safety as determined under (b) The Contractor, at its expense and in a manner
construction safety and health standards promulgated satisfactory to the Contracting Officer, shall install and
by the Secretary of Labor by regulation; maintain all necessary temporary connections and
(2) Protect the lives, health, and safety of other persons; distribution lines, and all m eters required to measure the
(3) Prevent damage to property, materials, supplies, and amount of each utility used for the purpose of
equipment; and, determining charges. Before final acceptance of the work
(4) Avoid work interruptions. by the PHA, the Contractor shall remove all the
(b) For these purposes, the Contractor shall: temporary connections, distribution lines, meters, and
(1) Comply with regulations and standards issued by the associated paraphernalia.
Secretary of Labor at 29 CFR Part 1926. Failu re to
comply may result in imposition of sanctions pursuant 16. Protection of Existing Vegetation, Structures,
to the Contract Work Hours and Safety Standards Act Equipment, Utilities, and Improvements
(Public Law 91 -54, 83 Stat. 96), 40 U.S.C. 3701 et
seq.; and (a) The Contractor shall preserve and protect all structures,
(2) Include the terms of this clause in every subcontract equipment, and vegetation (such as trees, shrubs, and
so that such terms will be binding on each grass) on or adjacent to the work site, which are not to be
subcontractor. removed under this contract, and which do not
(c) The Contractor shall maintain an accurate record of unreasonably interfere with the work required under this
exposure data on all accidents incident to work perform ed contract.
under this contract resulting in death, traumatic injury, (b) The Contractor shall only remove trees when specifically
occupational disease, or damage to property, materials, authorized to do so, and shall avoid damaging vegetation
supplies, or equipment, and shall report this data in the that will remain in place. If any limbs or branches of trees
manner prescribed by 29 CFR Part are broken during performance of this contract, or by the
1904. careless operation of equipment, or by w orkmen, the
(d) The Contracting Officer shall notify the Contractor of any Contractor shall trim those limbs or branches with a clean
noncompliance with these requirements and of the cut and paint the cut with a tree -pruning compound as
corrective action r equired. This notice, when delivered to directed by the Contracting Officer.
the Contractor or the Contractor’s representative at the (c) The Contractor shall protect from damage all existing
site of the work, shall be deemed sufficient notice of the impro vements and utilities (1) at or near the work site and
noncompliance and corrective action required. After (2) on adjacent property of a third party, the locations of
receiving the notice, the Contractor shall immediately which are made known to or should be known by the
take corrective action. If the Contractor fails or refuses to Contractor. Prior to disturbing the ground at the
take corrective action promptly, the Contracting Officer construction site, the Contractor shall ensure that all
may issue an order stopping all or part of the work until underground utility lines are clearly marked.
satisfactory corrective action has been taken. The (d) The Contractor shall shore up, brace, underpin, secure,
Contractor shall not base any claim or request for and protect as necessary all foundations and other parts
equitable adjustment for additional time or money on any of existing structures adjacent to, adjoining, and in the
stop order issued under these circumstances. vicinity of the site, which may be affecte d by the
(e) The Contractor shall be responsible for its subcontractors’ excavations or other operations connected with the
compliance with the provisions of this clause. The construction of the project.
Contractor shall take such action with respect to an y (e) Any equipment temporarily removed as a result of work
subcontract as the PHA, the Secretary of Housing and under this contract shall be protected, cleaned, and
Urban Development, or the Secretary of Labor shall replaced in the same condition as at the time of award of
direct as a means of enforcing such provisions. this contract.
Previous editions are obsolete Page 6 of 19 form HUD -5370 (1/2014)
Replaces form HUD -5370-A
(f) New work which connects to existing wor k shall The contactor shall comply with the Clean Air Act, as
correspond in all respects with that to which it connects amended, 42 USC 7401 et seq., the Federal Water
and/or be similar to existing work unless otherwise Pollution Control Water Act, as amen ded, 33 U.S.C. 1251
required by the specifications. et seq., and standards issued pursuant thereto in the
(g) No structural members shall be altered or in any way facilities in which this contract is to be performed.
weakened without the written authorization of the
Contracting Officer, unless such work is clearly specified 19. Energy Efficiency
in the plans or specifications.
(h) If the removal of the existing work exposes discolored or The Contractor shall comply with mandatory standards
unfinished surfaces, or work out of alignment, such and policies relating to energy efficiency which are
surfaces shall be refinished, or the material replaced as contained in the energy conservation plan issued in
necessary to make the continuous work uniform and co mpliance with the Energy Policy and Conservation Act
harmonious. This, however, shall not be construed to (Pub.L. 94 -163) for the State in which the work under the
require the refinishing or reconstruction of dissimilar contract is performed.
finishes pre viously exposed, or finished surfaces in good
condition, but in different planes or on different levels 20. Inspection and Acceptance of
Construction when brought together by the removal of intervening
work, unless such refinishing or reconstruction is (a) Definitions. As used in this clause -
specified in the plans or specifications. (1) “Acceptance” means the act of an authorized
(i) The Contractor shall give all required notices to any representative of the PHA by which the PHA approves
adjoining or adjacent property owner or other party before and assumes ownership of the work performed under this
the commencement of any work. contract. Acceptance may be partial or complete.
(j) The Contractor shall indemnify and save harmless the (2) “Inspection” means examining and testing the work
PHA from any damages on account of settlement or the performed under the contract (including, when
loss of lateral support of adjoining property, any damages appropriate, raw materials, equipment, components, and
from changes in topography affecting drainage, and from intermediate assemblies) to determine whether it
all loss or expense and all damages for which the PHA conforms to contract requirements.
may become liable in consequence of such injury or (3) “Testing” means that element of inspection that
damage to adjoining and adjacent structures and their determines the properties or elements, including
premises. functional operation of materials, equipment, or their
(k) The Contractor shall repair any damage to vegetation, components, by the application of established scientific
structures, equipment, utilities, or improvements, principles and procedures.
including those that are the property of a third party, (b) The Contractor shall maintain an adequate inspect ion
resulting from failure to comply with the requirements of system and perform such inspections as will ensure that
this contract or failure to exercise reasonable care in the work performed under the contract conforms to
performing the work. If the Contractor fails or refuses to contract requirements. All work is subject to PHA
repair the damage promptly, the Contracting Officer may inspection and test at all places and at all reasonable
have the necessary work performed and charge the cost times bef ore acceptance to ensure strict compliance with
to the Contractor. the terms of the contract.
(c) PHA inspections and tests are for the sole benefit of the
17. Temporary Buildings and Transportation of Materials PHA and do not: (1) relieve the Contractor of
responsibility for providing adequate quality control
(a) Temporary buildings (e.g., storage sheds, shops, offices, measures; (2) relieve the Contractor of responsibility for
sanitary facilities) and utilities may be erected by the loss or damage of the material before acceptance; (3)
Contractor only with the approval of the Contracting constitute or imply acceptance; or, (4) affect the
Officer and shall be built with labor and materials continuing rights of the PHA after acceptance of the
furnish ed by the Contractor without expense to the PHA. completed work under paragraph (j) below.
The temporary buildings and utilities shall remain the (d) The presence or absence of the PHA inspector does not
property of the Contractor and shall be removed by the relieve the Contractor from any contract requirement, nor
Contractor at its expense upon completion of the work. is the inspector authorized to change any term or
With the written consent of the Contracting Officer, the condition of the specifications without the Contracting
buildings and utilities may be abandoned and need not Officer’s written authorization. All instructions and
be removed. approvals with respect to the work shall be given to the
(b) The Contractor shall, as directed by the Contracting Contractor by the Contracting Officer.
Officer, use only established roadways, or use temporary (e) The Contractor shall promptly furnish, without additional
roadways constructed by the Contractor when and as charge, all facilities, labor, and material reasonably
authorized by the Contracting Officer. When materials are needed for performing such safe and convenient
transported in prosecuting the work, vehicles shall not be inspections and tests as may be required by the
loaded beyond the loadi ng capacity recommended by the Contracting Officer. The PHA may charge to the
manufacturer of the vehicle or prescribed by any federal, Contractor any additional cost of inspection or test when
state, or local law or regulation. When it is necessary to wor k is not ready at the time specified by the Contractor
cross curbs or sidewalks, the Contractor shall protect them for inspection or test, or when prior rejection makes
from damage. The Contractor shall repair or pay for the reinspection or retest necessary. The PHA shall perform
repair of any damaged curbs, sidewalks, or roads. all inspections and tests in a manner that will not
unnecessarily delay the work. Special, full size, and
18. Clean Air and Water performance tests shall be performed as described in the
contract.
Previous editions are obsolete Page 7 of 19 form HUD -5370 (1/2014)
Replaces form HUD -5370-A
(f) The PHA may conduct routine inspections of the occupied without proper remuneration therefore. If prior
construc tion site on a daily basis. possession or use by the PHA delays the progress of the
(g) The Contractor shall, without charge, replace or correct work or causes additional expense to the Contractor, an
work found by the PHA not to conform to contract equitable adjustment shall be made in the contract price
requirements, unless the PHA decides that it is in its or the time of completion, and the contract shall be
interest to accept the work with an appropriate modified in writing accordingly.
adjustment in contract price. The Contractor shall
promptly segregate and remove rejected material from 22. Warranty of Title
the premises.
(h) If the Contractor does not promptly replace or correct The Contractor warrants good title to all materials,
rejected work, th e PHA may (1) by contract or otherwise, supplies, and equipment incorporated in the work and
replace or correct the work and charge the cost to the agrees to deliver the premises together with all
Contractor, or (2) terminate for default the Contractor’s improvements thereon free from any claims, liens or
right to proceed. charges, and agrees further that neither it nor any other
(i) If any work requiring inspection is covered up without ap - person, firm or corporation shall have any right to a lien
proval of the PHA, it must, if requested by the Contracting upon the premises or anything appurtenant thereto.
Officer, be uncovered at the expense of the Contractor. If
at any time before final acceptance of the entire work, the 23. Warranty of
Constructi on PHA considers it necessary or advisable, to examine
work already completed by removing or tearing it out, the (a) In addition to any other warranties in this contract, the
Contractor, shall on request, promptly furnish all Contractor warrants, except as provided in paragraph (j)
necessary facilities, labor, and material. If such work is of this clause, that work performed under this contract
found to be defective or nonconforming in any material conforms to the contract requirements and is free of any
re spect due to the fault of the Contractor or its defect in equipment, material, or workmanship performed
subcontractors, the Contractor shall defray all the by the Contractor or any subcontractor or supplier at any
expenses of the examination and of satisfactory tier. This warranty shall continue for a period of __________
reconstruction. If, however, such work is found to meet (one year unless otherwise indicated) from the date of final
the requirements of the contract, the Contracting Officer acceptance of the work. If the PHA takes possession of
shall make an equitable adjustment to cover the cost of any part of the work before final acceptance, this warranty
the examination and reconstruction, including, if shall continue for a period of (one year unless o therwise
completion of the work was thereby delayed, an indicated) from the date that the PHA takes
extension of time. possession.
(j) The Contractor shall notify the Contracting Officer, in (b) The Contractor shall remedy, at the Contractor’s
writing, as to the date when in its opinion all or a expense, any failure to conform, or any defect. In
designated portion of the work will be substantially addition, the Contractor shall remedy, at the Contractor’s
completed and ready for inspection. If the Architect expense, any damage to PHA -owned or controlled real or
determines that the state of preparedness is as personal property when the damage is the result of —
represented, the PHA will promptly arrange for the (1) The Contractor’s failure to conform to contract require -
inspection. Unless otherwise specified in the contract, the me ri ts; or
PHA shall accept, as soon as practicable after completion (2) Any defects of equipment, material, workmanship or
and inspection, all work requir ed by the contract or that design furnished by the Contractor.
portion of the work the Contracting Officer determines and (c) The Contractor shall restore any work damaged in
designates can be accepted separately. Acceptance shall fulfilling the terms and conditions of this clause. The
be final and conclusive except for latent defects, fraud, Contractor’s warranty with respect to work repaired or
gross mistakes amounting to fraud, or the PHA’s right replaced will run for (one year unless otherwise indicated)
under any warranty or guarantee. from the date of repair or replacement.
(d) The Contracting Officer shall notify the Contractor, in
21. Use and Possession Prior to Completion writing, within a reasonable time after the discovery of
any failure, defect or damage.
(a) The PHA shall have the right to take possession of or use (e) If the Contractor fails to remedy any failure, defect, or
any completed or partially completed part of the work. damage within a reasonable time after receipt of n otice,
Before taking possession of or using any work, the the PHA shall have the right to replace, repair or
Contracting Officer shall furnish the Contractor a list of otherwise remedy the failure, defect, or damage at the
items of work remaining to be per formed or corrected on Contractor’s expense.
those portions of the work that the PHA intends to take (f) With respect to all warranties, express or implied, from
possession of or use. However, failure of the Contracting subcontractors, manufacturers, or su ppliers for work
Officer to list any item of work shall not relieve the performed and materials furnished under this contract,
Contractor of responsibility for complying with the terms of the Contractor shall:
the contract. The PHA’s possession or use shall not be (1) Obtain all warranties that would be given in normal
deemed an acceptance of any work under the contract. commercial practice;
(b) While the PHA has such possession or use, the (2) Require all warranties to be executed in writing, for the
Contr actor shall be relieved of the responsibility for (1) the benefit of the PHA; and,
loss of or damage to the work resulting from the PHA’s (3) Enforce all warranties for the benefit of the PHA.
possession or use, notwithstanding the terms of the (g) In the event the Contractor’s warranty under paragraph
clause entitled Permits and Codes herein; (2) all (a) of this clause has expired, the PHA may bring suit at
maintenance costs on the areas occupied; and, (3) its own expense to enforce a subcontractor’s,
furn ishing heat, light, power, and water used in the areas manufacturer’s or supplier’s warranty.
Previous editions are obsolete Page 8 of 19 form HUD -5370 (1/2014)
Replaces form HUD -5370-A
Administrative Requirements
(h) Unless a defect is caused by the negligence of the basis for determining progress payments. The breakdown
Contractor or subcontractor or supplier at any tier, the shall be approved by the Contracting Officer and must be
Contractor shall not be liable for the repair of any defect of acceptable to HUD. If th e contract covers more than one
material or design furnished by the PHA nor for the repair project, the Contractor shall furnish a separate
of any damage that results from any defect in PHA breakdown for each. The values and quantities employed
furnished m aterial or design. in making up this breakdown are for determining the
(i) Notwithstanding any provisions herein to the contrary, the amount of progress payments and shall not be construed
establishment of the time periods in paragraphs (a) and as a basis for additions to or deductions from the contract
(c) above relate only to the specific obligation of the price. The Contractor shall prorate its overhead and profit
Contractor to correct the work, and have no relationship over the construction period of the contract.
to the time within which its obligation to comply with the (d) The Contractor shall submit, on forms provided by the
contract may be sought to be enforced, nor to the time PHA, periodic estimates showing the value of the work
within which proceed ings may be commenced to performed during each period based upon the approved
establish the Contractor’s liability with respect to its
obligation other than specifically to correct the work. submitted not later than ___________ days in advance of
(j) This warranty shall not limit the PHA’s rights under the the date set for payment and are subject to correction and
Inspection and Acceptance of Construction clause of this revision as required. The estimates must be approved by
contract with respect to latent defects, gross mistakes or the Contracting Officer with the concurrence of the
fraud. Architect prior to payment. If the contract covers more
than one project, the Contractor shall furnish a
24. Prohibition Against Liens separate progress payment estimate for each.
(e) Along with each request for progress payments and the
The Contractor is prohibited from placing a lien on the required estimates, the Contractor shall furnish the
PHA’s property. This prohibition shall apply to all following certification, or payment s hall not be made: I
subcontractors at any tier and all materials suppliers. hereby certify, to the best of my knowledge and belief,
that:
(1) The amounts requested are only for performance in
accordance with the specifications, terms, and
25. Contract Period conditions of the contract;
(2) Payments to subcontractors and suppliers have been
made from previous payments received under the
this contract within calendar days of the contract, and timely payments will be made from the
effective date of the contract, or within the time schedule proceeds of the payment covered by this certification,
established in the notice to proceed issued by the in accordance with subcontract agreements; and,
Contracting Officer. (3) This request for progress payments does not include
any amounts which the prime contractor intends to
26. Order of Provisions withhold or retain from a subcontractor or supplier in
accordance with the terms and conditions of the
In the event of a conflict between these General subcontract.
Conditions and the Specifications, the General
Conditions shall prevail. In the event of a conflict between
the contract and any applicable state or local law or Name:
regulation, the state or local law or regulation shall
prevail; provided that such state or local law or regulation
does not conflict with, or is less restrictive than applicable Title:
federal law, regulation, or Executive Order. In the event of
such a conflict, applicable federal law, regula tion, and
Executive Order shall prevail. Date:
27. Payments (f) Except as otherwise provided in State law, the PHA shall
retain ten (10) percent of the amount of progress
(a) The PHA shall pay the Contractor the price as provided in payments until completion and acceptance of all work
this contract. under the contract; except, that if upon completion of 50
(b) The PHA shall make progress payments approximately percent of the work, the Contracting Officer, after
every 30 days as the work proceeds, on estimates of consulting with the Architect, determines that the
work accomplished which meets the standards of quality Contractor’s performance and progress are satisfactory,
established under the contract, as approved by the the PHA may make the remaining payments in full for the
Contracting Officer. The PHA may, subject to written work subsequently completed. If the Contracting Officer
determination and approval of the Contracting Officer, subsequently determines that the Contractor’s
make mo re frequent payments to contractors which are performance and progress are unsatisfactory, the PHA
qualified small businesses. shall reinstate the ten (10) percent (or other percentage
(c) Before the first progress payment under this contract, the as provided in State law) retainage until such time as the
Contractor shall furnish, in such detail as requested by Contracting Officer determines that performance and
the Contracting Officer, a breakdown of the total contract progress are satisfactory.
price showing the amount included therein for each (g) The Contracting Officer may authorize material delivered
principal category of the work, which shall substantiate on the site and preparatory work done to be taken into
the payment amount requested in order to provide a consideration when computing progress payments.
Previous editions are obsolete Page 9 of 19 form HUD -5370 (1/2014)
Replaces form HUD -5370-A
Material delivered to the Contractor at locations other than responsibilities of the parties (e.g., change in the PHA
the site may also be taken into consideration if the address). All other contract modifications shall be in the
Contractor furnishes satisfactory evidence that (1) it has form of supplemental agreements signed by the
acquired title to such material; (2) the material is properly Contractor and the Contracting Officer.
stored in a bonded warehouse, storage yard, or similar (c) When a proposed modification requires the approval of
sui table place as may be approved by the Contracting HUD prior to its issuance (e.g., a change order that
Officer; (3) the material is insured to cover its full value; exceeds the PHA’s approved threshold), such
and (4) the material will be used to perform th is contract. modification shall not be effective until the required
Before any progress payment which includes delivered approval is received by the PHA.
material is made, the Contractor shall furnish such
documentation as the Contracting Officer may requi re to 29. Changes
assure the protection of the PHA’s interest in such
materials. The Contractor shall remain responsible for (a) The Contracting Officer may, at any time, without notice
such stored material notwithstanding the transfer of title to the sur eties, by written order designated or indicated
to the PHA. to be a change order, make changes in the work within
(h) All material and work covered by progress payments the general scope of the contract including changes:
made shall, at the time of payment become the sole (1) In the specifications (including drawings and designs);
property of the PHA, but this shall not be construed as (1) (2) In the method or manner of performance of the work;
relieving the Contractor from the sole responsibility fo r all (3) PHA-furnished facilities, equipment, materials,
material and work upon which payments have been made services, or site; or,
or the restoration of any damaged work; or, (2) waiving the (4) Directing the acceleration in the performance of the
right of the PHA to require the fulfillment of all of the terms work.
of the contract. In the event the work of the Contractor has (b) Any other written order or oral order (which, as used in
been damaged by other contractors or persons other than this paragrap h (b), includes direction, instruction,
employees of the PHA in the course of their employment, interpretation, or determination) from the Contracting
the Contractor shall restore such damaged work without Officer that causes a change shall be treated as a
cost to the PHA and to seek redress for its damage only change order under this clause; provided, that the
from those who directly Contractor gives the Contracting Officer written notice
caused it. stating (1) the date, circumstances and sourc e of the
(i) The PHA shall make the final payment due the Contractor order and (2) that the Contractor regards the order as a
under this contract after (1) completion and final change order.
acceptance of all work; and (2) presentation of release of (c) Except as provided in this clause, no order, statement or
all claims against the PHA arising by virtue of this contract, conduct of the Contracting Officer shall be treated as a
other than claims, in stated amounts, that the Contractor change under this clause o r entitle the Contractor to an
has specifically excepted from the operation of the release. equitable adjustment.
Each such exception shall embrace no more than one (d) If any change under this clause causes an increase or
claim, the basis and scope of which shall be clearly decrease in the Contractor’s cost of, or the time required
defined. The amounts for such excepted claims shall not for the performance of any part of the work under this
be included in the request for final payment. A release may con tract, whether or not changed by any such order, the
also be required of the assignee if the Contractor’s claim to Contracting Officer shall make an equitable adjustment
amounts payable under this contract and modify the contract in writing. However, excep t for a
has been assigned. adjustment based on defective specifications, no proposal
(j) Prior to making any payment, the Contracting Officer may for any change under paragraph (b) above shall be
require the Contractor to furnish receipts or other allowed for any costs incurred more than 20 days (5 days
evidence of payment from all persons performing work for oral orders) before the Contractor gives written notice
and supplying material to the Contractor, if the as required. In the case of defective specificati ons for
Contracting Officer determines such evidence is which the PHA is responsible, the equitable adjustment
necessary to substantiate claimed costs. shall include any increased cost reasonably incurred by
(k) The PHA shall not; (1) determine or adjust any claims for the Contractor in attempting to comply with
payment or disputes arising there under between the the defective specifications.
Contractor and its subcontractors or material suppliers; (e) The Contractor must assert its right to an adjustment
or, (2) withhold any moneys for the protection of the under this clause within 30 days after (1) receipt of a
subcontractors or material suppliers. The failure or written change order under paragraph (a) of this clause,
refusal of the PHA to withhold money s from the or (2) the furnishing of a written notice under paragraph
Contractor shall in nowise impair the obligations of any (b) of this clause, by submitting a written statement
surety or sureties under any bonds furnished under this describing the gener al nature and the amount of the
contract. proposal. If the facts justify it, the Contracting Officer may
extend the period for submission. The proposal may be
28. Contract Modifications included in the notice required under paragraph (b)
above. No proposal by the Contractor for an equitable
(a) Only the Contracting Officer has authority to modify any adjustment shall be allowed if asserted after final
term or condition of this contract. Any contract payment under this contract.
modification shall be aut horized in writing. (f) The Contractor’s written proposal for equitable
(b) The Contracting Officer may modify the contract adjustment shall be submitted in the form of a lump sum
unilaterally (1) pursuant to a specific authorization stated proposal supported with an itemized breakdown of all
in a contract clause (e.g., Changes); or (2) for increases and decreases in the contract in at least the
administrative matters which do not change the rights or following details:
Previous editions are obsolete Page 10 of 19 form HUD -5370 (1/2014)
Replaces form HUD -5370-A
(1) Direct Costs. Materials (list individual items, the been so suspended, delayed, or interrupted by any other
quantity and unit cost of each, and the aggregate cause, including the fault or neg ligence of the Contractor
cost); Transportation and delivery costs associated or for which any equitable adjustment is provided for or
with materials; Labor breakdowns by hours or unit excluded under any other provision of this contract.
costs (identified with specific work to be performed); (c) A claim under this clause shall not be allowed (1) for any
Construction equipment exclusively necessary for the costs incurred more than 20 days before the Contractor
change; Costs of preparation and/ or revision to shop shall have notified the Contracting Officer in writing of
drawings resulting from the change; Worker’s the act or failure to act involved (but this requirement
Compensation and Public Liability Insurance; shall not apply as to a claim resulting from a suspension
Employment taxes under FICA and FUTA; and, Bond order); and, (2) unless the claim, in an amount stated, is
Costs when size of change warrants revision. asserted in writing as soon as practicable after the
(2) Indirect Costs. Indirect costs may include overhead, termination of the suspension, delay, or interruption, but
general and administrative expenses, and fringe not later than the date of final payment under the
benefits not normally treated as direct costs. contract.
(3) Profit. The amount of p rofit shall be negotiated and
may vary according to the nature, extent, and 31. Disputes
complexity of the work required by the change. The
allowability of the direct and indirect costs shall be (a) “Claim,” as used in this clause, means a written demand
determined in accordance with the Contract Cost or written assertion by one of the contracting parties
Principles and Procedures for Commercial Firms in Part seeking, as a matter of right, the payment of money in a
31 of the Federal Acquisition Regulation (48 CFR 1 -31), sum certain, the adjustment or interpretation of contract
as implemented by HUD Handbook 2210.18, in effect on terms, or other relief arising under or relating to the
the date of this contract. The Contractor shall not be contract . A claim arising under the contract, unlike a
allowed a profit on the profit received by any claim relating to the contract, is a claim that can be
subcontractor. Equitable adjustments for deleted work resolved under a contract clause that provides for th e
shall include a credit for profit and may include a credit for relief sought by the claimant. A voucher, invoice, or other
indirect costs. On proposals covering both increases and routine request for payment that is not in dispute when
decreases in the a mount of the contract, the application of submitted is not a claim. The submission may be
indirect costs and profit shall be on the net -change in converted to a claim by complying with the requirements
direct costs for the Contractor or subcontractor of this clause, if it is disputed either as to liability or
performing the work. amount or is not acted upon in a reasonable time.
(g) The Contractor shall include in the proposal its request (b) Except for disputes arising under the clauses enti tled
for time extension (if any), and shall include sufficient Labor Standards - Davis Bacon and Related Acts, herein,
information and dates to demonstrate whether and to all disputes arising under or relating to this contract,
what extent the change will delay the completion of the including any claims for damages for the alleged breach
contract in its entirety. thereof which are not disposed of by agreement, shall be
(h) The Contracting Officer shall act on proposals within 30 resolved under this clause.
days after their receipt, or notify the Contractor of the (c) All claims by the Contractor shall be made in writing and
date when such action will be taken. submitted to the Contracting Officer for a written decision.
(i) Failure to reach an agreement on any proposal shall be a A claim by the PHA against the Contractor shall be
dispute under the clause entitled Disputes herein. subject to a written decision by the Contracting Officer.
Nothing in this clause, however, shall excuse the (d) The Contracting Officer shall, within 60 (unless otherwise
Contractor from proceeding with the contract as changed. indicated) days after receipt of the request, decide the
(j) Except in an emergency endangering life or property, no claim or notify the Contractor of the date by which the
change shall be made by the Contractor without a prior decision will be made.
order from the Contracting Officer. (e) The Contracting Officer’s decision shall be final unless
the Contractor (1) appeals in writing to a higher level in
30. Suspension of Work the PHA in accordance with the PHA’s policy and
procedures, (2) refers the appeal to an independent
(a) The Contracting Officer may order the Contractor in mediator or arbitrator, or (3) files suit in a court of
writing to suspend, delay, or interrupt all or any part of the competent jurisdiction. Such appeal must be made within
work of this contract for the period of time that the (30 unless otherwise indicated) days after receipt of the
Contracting Officer determines appropriate for the Con tracting Officer’s decision.
convenience of the PHA. (f) The Contractor shall proceed diligently with performance
(b) If the performance of all or any part of the work is, for an of this contract, pending final resolution of any request for
unreasonable period of time, suspended, delayed, or relief, claim, appeal, or action arising under or relating to
interrupted (1) by an act of the Contracting Officer in the the contract, and comply with any decision of the
administration of this contract, or (2) by the Contracting Contracting Officer.
Officer’s failure to act within the time specified (or within a
reasonable time if not specified) in this contract an 32. Default
adjustment shall be made for any increase in the cost of
performance of the contract (excluding profit) necessarily (a) If the Contractor refuses or fails to prosecute the work, or
caused by such unreasonable suspension, delay, or any separable part thereof, with the diligence that will
interruption and the contract modified in writing insure its completion within the time specified in this
accordingly. However, no adjustment shall be made contract, or any extension thereof, or fails to complete
under this clause for any suspension, delay, or said work within this tim e, the Contracting Officer may, by
interruption to the extent that performance would have written notice to the Contractor, terminate the right to
Previous editions are obsolete Page 11 of 19 form HUD -5370 (1/2014)
Replaces form HUD -5370-A
proceed with the work (or separable part of the work) that completion of the work together with any increased costs
has been delayed. In this event, the PHA may take over occasioned the PHA in completing the work.
the work and complete it, by contract or o therwise, and (c) If the PHA does not terminate the Contractor’s right to
may take possession of and use any materials, proceed, the resulting damage will consist of liquidated
equipment, and plant on the work site necessary for damages until the work is completed or accepted.
completing the work. The Contractor and its sureties shall
be liable for any damage to the PHA resulting from the 34. Termination for
Convenience Contractor’s refusal or failure to complete the work within
the specified time, whether or not the Contractor’s right to (a) The Contracting Officer may terminate this contract in
proceed with the work is terminated. This liability includes whole, or in part, whenever the Contracting Officer
any increased costs incurred by the PHA in completing determines that such termination is in the best interest of
the work. the PHA. Any such termination shall be effected by
(b) The Contractor’s right to proceed shall not be terminated delivery to the Contractor of a Notice of Termination
or the C ontractor charged with damages under this specifying the extent to which the performance of the
clause if — work under the contract is terminated, and the date upon
(1) The delay in completing the work arises from which such termination becomes effective.
unfor eseeable causes beyond the control and without (b) If the performance of the work is terminated, either in
the fault or negligence of the Contractor. Examples of whole or in part, the PHA shall be liable to the Contractor
such causes include (i) acts of Go d, or of the public for reasonable and proper costs resulting from such
enemy, (ii) acts of the PHA or other governmental termination upon the receipt by the PHA of a properly
entity in either its sovereign or contractual capacity, presented claim setting out in detail: (1) the total cost of
(iii) acts of another contractor in the performance of a the work performed to date of termination less the total
contract with the PHA, (iv) fires, (v) floods, (vi) amount of contract payments made to the Contr actor; (2)
epidemics, (vii) quarantine restrictions, (viii) strikes, the cost (including reasonable profit) of settling and
(ix) freight embargoes, (x) unusually severe weather, paying claims under subcontracts and material orders for
or (xi) delays of sub contractors or suppliers at any tier work performed and materials and supplies delivered to
arising from unforeseeable causes beyond the control the site, payment for which has not been made by the
and without the fault or negligence of both the PHA to the Contractor or by the Contractor to the
Contractor and the subcontractors or suppliers; and subcontractor or supplier; (3) the cost of preserving and
(2) The Contractor, within days (10 days unless otherwise protecting the work already performed until the PHA or
indicated) from the beginning of such delay (unless assignee takes possession thereof or assumes
extended by the Contracting Officer) notifies the responsibility therefore; (4) the actual or estimated cost of
Contracting Officer in writing of the causes of delay. legal and accounting services reasonably necessary to
The Contracting Officer shall ascertain the facts and prepare and present the termination claim to the PHA;
the extent of the delay. If, in the judgment of the and (5) an amount constituting a reasonable profit on the
Contracting Officer, the findings of fact warrant such value of the work performed by the Contractor.
action, time for completing the work shall be extended (c) The Contracting Officer will act on the Contractor’s cl aim
by written modification to the contract. The findings of within days (60 days unless otherwise indicated) of
the Contracting Officer shall be reduced to a written receipt of the Contractor’s claim.
decision which shall be subject to the provisions of (d) Any disputes with regard to this clause are expressly
the Disputes clause of this contract. made subject to the provisions of the Disputes clause of
(c) If, after termination of the Contractor’s right to proceed, it this contract.
is determined that th e Contractor was not in default, or
that the delay was excusable, the rights and obligations 35. Assignment of Contract
of the parties will be the same as if the termination had
been for convenience of the PHA. The Contractor shall not assign or transfer any interest in
this contract; except that claims for monies due or to
33. Liquidated Damages become due from the PHA under the contract may be
assigned to a bank, trust company, or other financial
(a) If the Contractor fails to complete the work within the time institution. Such assignments of claims shall only be
specified in the contract, or any extension, as specified in made with the written concurrence of the Contracting
the clause entitled Default of this contract, the Contractor Officer. If the Contractor is a partnership, this contract
shall pay to the PHA as liquidated damages, the sum of shall inure to the benefit of the surviving or remaining
$ ____________ Contracting Officer insert amount] for member(s) of such partnership as approved by the
each d ay of delay. If different completion dates are Contracting Officer.
specified in the contract for separate parts or stages of the
work, the amount of liquidated damages shall be 36. Insurance
assessed on those parts or stages which are delayed. To
the extent that the Contractor’s delay or nonperformance (a) Before commencing work, the Contractor and each
is excused under another clause in this contract, subcontractor shall furnish the PHA with certificates of
liquidated damages shall not be due the PHA. The insurance showing the following insurance is in force and
Contractor remains liable for damages caused other than will insure all operations under the Contract:
by delay. (1) Workers’ Compensation, in accordance with state or
(b) If the PHA terminates the Contractor’s right to proceed, Territorial Workers’ Compensation laws.
the resulting damage will consist of liquidated damages (2) Commercial General Liability with a combined single
until such reasonable time as may be required for final limit for bodily injury and property damage of not less
than $ __________ [Contracting Officer insert amount]
Previous editions are obsolete Page 12 of 19 form HUD -5370 (1/2014)
Replaces form HUD -5370-A
per occurrence to protect the Contractor and each (2) “Subcontractor” means any supplier, vendor, or firm
subcontractor against claims for bodily injury or death that furnishes supplies, materials, equipment, or
and damage to the property of others. This shall cover services to or for the Contractor or another
the use of all equipment, hoists, and vehicles subcontractor.
on the site(s) not covered by Automobile Liability (b) The Contractor shall not enter into any subcontract with
under (3) below. If the Contractor has a "claims made” any subcontractor w ho has been temporarily denied
policy, then the following additional requirements participation in a HUD program or who has been
apply: the policy must provide a “retroactive date” suspended or debarred from participating in contracting
which must be on or before the programs by any agency of the United States
execution date of the Contract; and the extended Government or of the state in which the work under this
reporting period may not be less than five years contract is to be performed.
following the c ompletion date of the Contract. (c) The Contractor shall be as fully responsible for the acts or
(3) Automobile Liability on owned and non -owned motor omissions of its subcontractors, and of persons either
vehicles used on the site(s) or in connection the rewith directly or indirectly employed by them as for the acts or
for a combined single limit for bodily injury and omissions of persons directly employed by the
property damage of not less than $ ______________________________ Contractor.
[Contracting Officer insert amount] per occur rence. (d) The Contractor shall insert appropriate clauses in all
(b) Before commencing work, the Contractor shall furnish the subcontracts to bind subcontractors to the terms and
PHA with a certificate of insurance evidencing that conditions of this contract insofar as they are applicable
Builder’s Risk (fire and extended coverage) Insurance on to the work of subcontractors.
all work in place and/or materials stored at the building (e) Nothing contained in this contract shall create any
site(s), inclu ding foundations and building equipment, is contractual relationship between any subcontractor and
in force. The Builder’s Risk Insurance shall be for the the PHA or between the subcontractor and HUD.
benefit of the Contractor and the PHA as their interest s
may appear and each shall be named in the policy or 38. Subcontracting with Small and Minority Firms,
policies as an insured. The Contractor in installing Women’s Business Enterprise, and Labor Surplus
equipment supplied by the PHA shall carry insurance on Area Firms
such equipment from the time the Contractor takes
possession thereof until the Contract work is accepted by The Contractor shall take the following steps to ensure
the PHA. The Builder’s Risk Insurance need not be that, whenever possible, subcontracts are awarded to
carried on excavations, piers, footings, or foundations small business firms, minority firms, women’s business
until such time as work on the superstructure is started. It enterprises, and labor surplus area firms:
need not be carried on landscape work. Policies shall
furnish coverage at all times for the full cash value of all
completed construction, as well as materials in place
and/or stored at the site(s), whether or not partial
payment has been made by the PHA. The Contractor
may terminate this insurance on buildings as of the date
taken over for occupancy by the PHA. The Contractor is
not required to carry Builder’s Risk Insurance for
modernization work which does not involve structural
alterations or additions and where the PHA’s existing fire
and extended coverage policy can be endorsed to
include such work.
(c) All insurance shall be carried with c ompanies which are
financially responsible and admitted to do business in the
State in which the project is located. If any such
insurance is due to expire during the construction period,
the Contractor (including subcontractors, as applicable)
shall not p ermit the coverage to lapse and shall furnish
evidence of coverage to the Contracting Officer. All
certificates of insurance, as evidence of coverage, shall
provide that no coverage may be canceled or non -
renewed by the insurance company until at least 30 days
prior written notice has been given to the Contracting
Officer.
37. Subcontracts
(a) Definitions. As used in this contract -
(1) “Subcontract” means any contract, purchase order, or
other purchase agreement, including modifications and
change orders t o the foregoing, entered into by a
subcontractor to furnish supplies, materials,
equipment, and services for the performance of the
prime contract or a subcontract.
(a) Placing qualified small and minority businesses and
women’s business enterprises on solicitation lists;
(b) Ensuring that small and minority businesses and
women’s business enterprises are solicited whenever they
are potential sources;
(c) Dividing total requirements, when economically feasible,
into smaller tasks or quantities to permit maximum
participation by small and minority businesses and women’s
business enterprises;
(d) Establishing delivery schedules, where the requirements
of the cont ract permit, which encourage participation by small
and minority businesses and women’s business enterprises;
and
(e) Using the services and assistance of the U.S. Small
Business Administration, the Minority Business
Development Agency of the U.S. Department o f
Commerce, and State and local governmental small
business agencies.
39. Equal Employment Opportunity
During the performance of this contract, the Contractor /
Seller agrees as follows:
(a) The Contractor /Seller shall not discriminate against any
employee or a pplicant for employment because of of race color,
religion, sex, sexual orientation, gender identity, disability, or
national origin.
(b) The Contractor /Seller shall take affirmative action to
ensure that applicants are employed, and that employees
are treated during employment without regard to their race,
color, religion, sex, sexual orientation, gender identity,
disability, or national origin . Such action shall
inc lude , but not be limited to, (1) employment, (2) u pgrading
demotion, (4) transfer, (5) recruitment or
recruitment advertising, (6) layoff or termination, (7)
rates of pay or other forms of compensation, and (8)
selection for training,including apprenticeship
Previous editions are obsolete Page 13 of 19 form HUD -5370 (1/2014)
Replaces form HUD -5370-A
(c) The Contractor /Seller agrees to post in conspicuous places
a vailable to employees and applicants for employment the notices
to be provided by the Contracting Officer setting forth the
provisions of this non discrimination c lause.
(d) The Contractor /Seller shall, in all solicitations or
advertisements for employees placed by or on behalf of the
Contracto r /Se ll er , state that all qualified applicants will receive
consideration for employment without regard to race, color,
religion, sex, or national origin.
(e) The Contractor /Seller shall send, to each labor union or
representative of workers with which it has a collectiv e
bargaining agreement or other contract or understanding, the
notice to be provided by the Contracting Officer advising the
labor union or workers’ representative of the Contractor’s
commitments under this clause, and post copies of the notice
in conspicu ous places available to employees and applicants
for employment.
(f) The Contractor /Seller shall comply with Executive Order
11246, as amended, and the rules, regulations, and orders of
the Secretary of Labor.
(g) The Contractor /Seller shall furnish all informatio n and reports
required by Executive Order 11246, as amended, Section 503 of
the Rehabilitation Act of 1973, as amended, and by rules,
regulations, and orders of the Secretary of Labor, or pursuant
thereto. The Contractor /Seller shall permit
access to its books, records, and accounts by the
Secretary of Labor for purposes of investigation to
ascertain compliance with such rules, regulations, and
orders.
(h) In the event of a that the Contractor /Seller is in non compliance
with the nondiscrimination clauses of this contract or with any of
such rules, regulations, or orders, this contract may be canceled,
terminated or suspended in whole or in part and the
contractor/seller may be declared ineligible for further
Government contracts i n accordance with procedures authorized
in Executive Order 11246 of September 24, 1965, and such other
sanctions may be imposed and remedies invoked as provided in
Executive Order 11246 of September 24, 1965, or by rule,
regulation, or order of the Secreta ry of Labor, or as otherwise
provided by law.
(i)The contractor/seller will include the provisions of
paragraphs (a) through (h) in every subcontract or purchase
order unless exempted by rules, regulations, or orders of the
Secretary of Labor issued pursua nt to section 204 of Executive
Order 11246 of September 24, 1965, so that such provisions
will be binding upon each sub[contractor/seller] or vendor. The
[contractor/seller] will take such action with respect to any
subcontract or purchase order as may be directed by the
Secretary of Labor as a means of enforcing such provisions in
cluding sanctions for noncompliance: Provided, however, that
in the event the [contractor/seller] becomes involved in, or is
threatened with, litigation with a subcontractor or v endor as a
result of such direction, the [contractor/seller] may request the
United States to enter into such litigation to protect the
interests of the United States.
(j) Compliance with the requirements of this clause shall be
to the maximum extent consi stent with, but not in
derogation of, compliance with section 7(b) of the Indian
Self -Determination and Education Assistance Act and the
Indian Preference clause of this contract.

40. Employment, Training, and Contracting
Opportunities for Low -Income Persons, Section 3 of the
Housing and Urban Development Act of 1968.
(a) The work to be performed under this contract is subject to
the requirements of S ection 3 of the Housing and Urban
Development Act of 1968, as amended, 12 U.S.C. 1701u (section
3). The purpose of section 3 is to ensure that employment and
other economic opportunities generated by HUD assistance or
HUD -assisted projects covered by S ect ion 3, shall, to the greatest
extent feasible, be directed to low - and very low -income persons,
particularly persons who are recipients of HUD assistance for
housing.
(b) The parties to this contract agree to comply with HUD's
regulations in 24 CFR Part 75, which implement S ection 3. As
evidenced by their execution of this contract, the parties to this
contract certify that they are under no contractual or other
impediment that would prevent them from complying with the
Part 75 regulations.
(c) The contr actor agrees to send to each labor organization
or representative of workers with which the contractor has a
collective bargaining agreement or other understanding, if any,
a notice advising the labor organization or workers'
representative of the contract or's commitments under this
section 3 clause and will post copies of the notice in
conspicuous places at the work site where both employees and
applicants for training and employment positions can see the
notice. The notice shall describe the S ection 3 prioritization
requirements and shall state the minimum per centages of labor
hour requirements established in the Benchmark Notice (FR -
6085 -N -04).
(d) The contractor agrees to include this section 3 clause in
every subcontract subject to compliance with regulations in 24
CFR Part 75, and agrees to take appropriate action, as
provided in an applicable provision of the subcontract or in this
section 3 c lause, upon a finding that the subcontractor is in
violation of the regulations in 24 CFR Part 75. The contractor
will not subcontract with any subcontractor where the
contractor has notice or knowledge that the subcontractor has
been found in violation of the regulations in 24 CFR Part 75.
(e) Noncompliance with HUD's regulations in 24 CFR Part 75
may result in sanctions, termination of this contract for default,
and debarment or suspension from future HUD assisted
contracts.
(f) Contracts, subcontracts, grants, or subgrants subject to
S ection 7(b) of the Indian Self -Determination and Education
Assistance Act (25 U.S.C. 5307(b)) or subject to tribal
preferen ce requirements as authorized under 101(k) of the
Native American Housing Assistance and Self -Determination
Act (25 U.S.C. 4111(k)) must provide preferences in
employment, training, a nd business opportunities to Indians and
Indian organizations , and are therefore not subject to the
requi rements of 24 CFR Part 75.
Previous editions are obsolete Page 14 of 19 form HUD -5370 (1/2014)
Replaces form HUD -5370-A
41. Interest of Members of Congress (a) The PHA, HUD, or Comptroller General of the United
States, or any of their duly authorized representatives
No member of or delegate to the Congress of the United shall, until 3 years after fin al payment under this contract,
States of America shall be admitted to any share or part of have access to and the right to examine any of the
this contract or to any benefit that may arise therefrom. Contractor’s directly pertinent books, documents, paper s,
or other records involving transactions related to this
42. Interest of Members, Officers, or Employees and contract for the purpose of making audit, examination,
Former Members, Officers, or Employees excerpts, and transcriptions.
(b) The Contractor agrees to include in first -tier subcontracts
No member, officer, or employee of the PHA, no member under this contract a clause substantially the same as
of the governing body of the locality in which the project paragraph (a) above. “Subcontract,” as used in this
is situated, no member of the governing body of the clause, excludes purchase orders not exceeding
locality in which the PHA was activated, and no other $10,000.
public official of such locality or localities who exercises (c) The perio ds of access and examination in paragraphs (a)
any functions or responsibilities with respect to the and (b) above for records relating to (1) appeals under the
project, shall, during his or her tenure, or for one year Disputes clause of this contract, (2) litigation or settlement
thereafter, have any interest, direct or indirect, in this of claims arising from the performance of this contract, or
contract or the proceeds thereof. (3) costs and expenses of this contract to which the PHA,
HUD, or Comptroller General or any of their duly
43. Limitations on Payments made to Influence Certain authorized representatives has taken exception shall
Federal Financial Transactions continue until disposition of such appeals, litigation,
claims, or exceptions.
(a) The Contractor agrees to comply with Section 1352 of
Title 31, United States Code which prohibits the use of 46. Labor Standards - Davis -Bacon and Related
Acts Federal appropriated funds to pay any person for
influencing or attempting to influence an officer or If the total amount of this contract exceeds $2,000, the
employee of any agency, a Member of Congress, and Federal labor standards set forth in the clause below shall
officer or employee of Congress, or an employee of a apply to the development or construction work to be
Member of Congress in connection with any of the performed under the contract.
following covered Federal actions: the awarding of any (a) Minimum Wages.
Federal contract; the making of any Federal grant; the (1) All laborers and mechanics employed under this
making of any Federal loan; the entering into of any contract in the development or construction of the
cooperative agreement; or the modification of any project(s) involved will be paid unconditionally and not
Federal contract, grant, loan, or cooperative agreement. less often than once a week, and without subsequent
(b) The Contractor further agrees to comply with the deduction or rebate on any account (except such payroll
requirement o f the Act to furnish a disclosure (OMB deductions as are permitted by regulations issued by the
Standard Form LLL, Disclosure of Lobbying Activities) if Secretary of Labor under the Copeland Act (29 CFR Part
any funds other than Federal appropriated funds 3)), the full amount of wages and bona fide fringe benefits
(including profit or fee received under a covered Federal (or cash equivalents thereof) due at time of payment
transaction) have been paid, or will be paid, to any person computed at rates not les s than those contained in the
for influencing or attempting to influence an officer or wage determination of the Secretary of Labor which is
employee of any agency, a Member of Congress, an attached hereto and made a part hereof, regardless of
officer or employee of Congress, or an employee of a any contractual relationship which may be alleged to exist
Member of Congress in connection with a Federal between the Contractor and such laborers and
contract, grant, loan, or cooperative agreement. me chanics. Contributions made or costs reasonably
anticipated for bona fide fringe benefits under Section
44. Royalties and Patents 1(b)(2) of the Davis -Bacon Act on behalf of laborers or
mechanics are considered wages paid to such laborers or
The Contractor shall pay all royalties and license fees. It mechanics, subject to the provisions of 29 CFR
shall defend all suits or claims for infringement of any 5.5(a)(1)(iv); also, regular contributions made or costs
patent rights and shall save the PH A harmless from loss incurred for more than a weekly period (but not less often
on account thereof; except that the PHA shall be than quarterly) under plans, funds, or programs which
responsible for all such loss when a particular design, cover the regular weekly period, are deemed to be
process or the product of a particular manufacturer or constructively made or incurred during such weekly
manufacturers is specified and the Contractor has no period. Such laborers and mechanics shall be paid the
rea son to believe that the specified design, process, or appropriate wage rate and fringe benefits in the wage
product is an infringement. If, however, the Contractor determination for the classification of work actually
has reason to believe that any design, process or product performed, without regard to skill, except as provided in
specified is an infringement of a patent, the Contractor 29 CFR 5.5(a)(4). Laborers or mechanics performing
shall promptly notify the Contracting Officer. Failure to work in more than one classification may be
give such notice shall make the Contractor responsible compensated at the rate specified for each classification
for resultant loss. for the time actually worked therein; provided, that the
employer’s payroll records accurately set forth the time
45. Examination and Retention of Contractor’s Records spent in each classification in which work is performed. The
wage determination (including any additional classification
and wage rates conformed under 29 CFR 5.5(a)(1)(ii) and
the Davis -Bacon poster (WH -1321) shall
Previous editions are obsolete Page 15 of 19 form HUD -5370 (1/2014)
Replaces form HUD -5370-A
be posted at all times by the Contractor and its amount of any costs reasonably anticipated in
subcontractors at the site of the work in a prominent and providing bona fide fringe benefits under a plan or
accessible place where it can be easily seen by the program; provided, that the Secretary of Labor has
workers. found, upon the written request of the Contractor, that
(2) (i) Any class of laborers or mechanics, including the applicable standards of the Davis -Bacon Act have
helpers, which is not listed in the wage been met. The Secretary of Labor may require the
determination and which is to be empl oyed under Contractor to set aside in a separate account assets
the contract shall be classified in conformance with for the meeting of obligations under the plan or
the wage determination. HUD shall approve an program.
additional classification and wage rate and fringe (b) Withholding of funds. HUD or its designee shall, upon its
benefits therefor only when all the following criteria own action or upon written request of an authorized
have been met: (A) The work to be performed by representative of the Department of Labor, withhold or
the classification requested is not performed by a cause to be withheld from the Contractor under this
classification in the wage determination; and (B) contract or any other Federal contract with the same
The classification is utilized in the area by the prime Contractor, or any other Federally -assisted
construction industry; and (C) The proposed wage contract subject to Davis -Bacon prevailing wage
rate, including any bona fide fringe benefits, bears requirements, which is held by the same prime
a reasonable relationship to the wage rates Contractor, so much of the accrued payments or
contained in the wage advances as may be considered necessary to pay
determination. laborers and mechanics, including apprentices, trainees,
(ii) If the Contractor and the laborers and mechanics and helpers, employed by the Contractor or any
to be employed in the classification (if known), or subcontractor the full amount of wages required by the
their representative s, and HUD or its designee contract. In the event of failure to pay any laborer or
agree on the classification and wage rate mechanic, including any apprentice, trainee, or helper,
(including the amount designated for fringe employed or working in the cons truction or development
benefits where appropriate), a report of the action of the project, all or part of the wages required by the
taken shall be sent by HUD or its designee to the contract, HUD or its designee may, after written notice to
Administrator of the Wage and Hour Division, the Contractor, take such action as may be necessary to
Employee Standards Administration, U.S. cause the suspension of any further payment, advance,
Department of Labor, Washington, DC 20210. or guarantee of funds until such violations have ceased.
The Administrator, or an authorized HUD or its designee may, after written notice to the
representative, will approve, modify, or disapprove Contractor, disburse such amounts withheld for and on
every additional classification action within 30 days account of the Contractor or subcontractor to the
of receipt and so advise HUD or its designee or will respective employees to whom they are due.
notify HUD or its designee within the 30 -day period (c) Payrolls and basi c records.
that additional time is necessary. (1) Payrolls and basic records relating thereto shall be
(iii) In the event the Contractor, the laborers or maintained by the Contractor during the course of the
mechanics to be employed in the classification or work and preserved for a period of three years
their representatives, and HUD or its designee do thereafter for all laborers and mechanics working in
not agree on the proposed classification and wage the construction or development of the project. Such
rate (i ncluding the amount designated for fringe records shall contain the name, address, and social
benefits, where appropriate), HUD or its designee security number of each such worker, his or her
shall refer the questions, including the views of all correct classification, hourly rates of wages paid
interested parties and the recommendation of HUD (including rates of contributions or costs anticipated
or its designee, to the Administrator of the Wage for bona fide fringe benefits or cash equivalents
and Hour Division for determination. The thereof of the types described in section 1(b)(2)(B) of
Administrator, or an authorized representative, will the Davis -Bacon Act), daily and weekly number of
issue a determination within 30 days of recei pt and hours worked, deductions made, and actual wages
so advise HUD or its designee or will notify HUD or paid. Whenever the Secretary of Labor has found,
its designee within the 30 -day period that under 29 CFR 5.5(a)(1)(iv), that the wages of any
additio nal time is necessary. laborer or mechanic include the amount of costs
(iv) The wage rate (including fringe benefits where reasonably anticipated in providing benefits under a
appropriate) determined pursuant to plan or program described in section 1(b)(2)(B) o f the
subparagraphs (a)(2)(ii) or (iii) of this clause shall Davis -Bacon Act, the Contractor shall maintain
be paid to all workers performing work in the records which show that the commitment to provide
classification under this contract from the first day such benefits is enforceable, that the plan or program
on which work is performed in classification. is financially responsible, and that the plan or
(3) Whenever the minimum wage rate prescribed in the program has been communicated in writing to the
contract for a class of laborers or mechanics includes laborers or mechanics affected, and records which
a fringe benefit which is not expressed as an hourly show the costs anticipated or the actual cost incurred
rate, the Contractor shall either pay the benefit as in providing such benefits. Contractors employing
stated in the wage determination or shall pay another apprentices or trainees under approved programs
bona fide fringe benefit or an hourly cash equivalent shall maintain written evidence of the registration of
thereof. apprenticeship programs and certification of trainee
(4) If the Contractor does not make payments to a trustee programs, the registration of the apprentices and
or other third person, the Contractor may consider as trainees, and the ratios and wage rates prescribed in
part of the wages of any laborer or mechanic the the applicable programs.
Previous editions are obsolete Page 16 of 19 form HUD -5370 (1/2014)
Replaces form HUD -5370-A
(2) (i) The Contractor shall submit weekly for each week make such records available may be grounds for
in which any contract work is performed a copy of debarment action pursuant to 29 CFR 5.12.
all payrolls to the Contracting Officer for (d) (1) Apprentices. Apprent ices will be permitted to work at
transmission to HUD or its designee. The payrolls less than the predetermined rate for the work they
submitted shall set out accurately and completely performed when they are employed pursuant to and
all of the information required to be maintained individually registered in a bona fide apprenticeship
under subparagraph (c)(1) of this clause. This program registered with the U.S. Department of
information may be submitted in any form desired. Labor, Employme nt and Training Administration,
Optional Form WH -347 (Federal Stock Number Office of Apprenticeship and Training, Employer and
029-005-00014-1) is available for this purpose and Labor Services (OATELS), or with a State
may be purchased from the Superintendent of Apprenticeship Agency recognized by OATELS, or if a
Documents, U.S. Government Printing Office, person is employed in his or her first 90 days of
Washington, D.C. 20402. The Contractor is probationary employment as an apprentice in such a n
responsible for the submission of copies of apprenticeship program, who is not individually
payrolls by all subcontractors. (Approved by the registered in the program, but who has been certified
Office of Management and Budget under OMB by OATELS or a St ate Apprenticeship Agency (where
Control Number 1214 -0149.) appropriate) to be eligible for probationary
(ii) Each payroll submitted shall be accompanied by a employment as an apprentice. The allowable ratio of
“Statement of Compliance,” signed by the appr entices to journeymen on the job site in any craft
Contractor or subcontractor or his or her agent classification shall not be greater than the ratio
who pays or supervises the payment of the permitted to the Contractor as to the entire work force
persons employed under the contract and shall under the registered program. Any worker listed on a
certify the following: payroll at an apprentice wage rate, who is not
(A) That the payroll for the payroll period contains registered or otherwise employed as stated in this
the information required to be maintained paragraph, shall be paid not less than the applicable
under paragraph (c) (1) of this clause and that wage rate on the wage determination for the
such information is correct and complete; classificat ion of work actually performed. In addition,
(B) That each laborer or mechanic (including each any apprentice performing work on the job site in
helper, apprentice, and trainee) employed on excess of the ratio permitted under the registered
the contract during the payroll period has been program shall be paid not less than the applicable
paid the full weekly wages earned, without wage rate on the wage determination for the work
rebate, either directly or indirectly, and that no actually performed. Where a contr actor is performing
deductions have been made either directly or construction on a project in a locality other than that in
indirectly from the full wages earned, other which its program is registered, the ratios and wage
than permissible deductions as set forth in 29 rates (expressed in percentages of the journeyman’s
CFR Part 3; and hourly rate) specified in the Contractor’s or
(C) That each laborer or mechanic has been paid subcontractor’s registered program shall be observed.
not less than the applicable wage rates and Every apprentice must be paid at not less than the rate
fringe benefits or cash equivalents for the specified in the registered program for the apprentice’s
classification of work performed, as specified level of progress , expressed as a percentage of the
in the applicable wage determination journeyman hourly rate specified in the applicable
incorporated into the contract. wage determination. Apprentices shall be paid fringe
(iii) The weekly submission of a properly execut ed benefits in accordance with the provisions of the
certification set forth on the reverse side of apprenticeship program. If the apprenticeship program
Optional Form WH -347 shall satisfy the does not specify fringe benefits, apprentices must be
requirements for submission of the “Statement of paid the full amount of fringe benefits listed on the
Compliance” required by subparagraph (c)(2)(ii) of wage determination for the applicable classification. If
this clause. the Administrator of the Wage an d Hour Division
(iv) The falsification of any of the above certifications determines that a different practice prevails for the
may subject the Contractor or subcontractor to civil applicable apprentice classification, fringes shall be
or criminal prosecut ion under Section 1001 of Title paid in accordance with that determination. In the
18 and Section 3729 of Title 31 of the United event OATELS, or a State Apprenticeship Agency
States Code. recognized by OATELS, withdraws approval of an
(3) The Contractor o r subcontractor shall make the apprenticeship program, the Contractor will no longer
records required under subparagraph (c)(1) available be permitted to utilize apprentices at less than the
for inspection, copying, or transcription by authorized applicable predetermined rate for the work performed
representatives of HUD or its designee, the until an acceptable
Contracting Officer, or the Department of Labor and program is approved.
shall permit such representatives to interview (2) Trainees. Except as provided in 29 CFR 5.16,
employees during working hours on the job. If the trainees will not be permitted to work at less than the
Contractor or subcontractor fails to submit the predetermined rate for the work performed unless they
req uired records or to make them available, HUD or are employed pursuant to and individually registered in
its designee may, after written notice to the a program which has received prior approval,
Contractor, take such action as may be necessary to evidenced by formal certification by the U.S.
cause the suspension of any further payment, Department of Labor, Employment and Training
advance, or guarantee of funds. Furthermore, failure Administration. The ratio of trainees to journeymen on
to submit the require d records upon request or to the job site shall not be greater than permitted under
Previous editions are obsolete Page 17 of 19 form HUD -5370 (1/2014)
Replaces form HUD -5370-A
(2) No part of this contract shall be subcontracted to any
person or firm ineligible for award of a United States
Government contract by virtue of section 3(a) of the
Davis -Bacon Act or 29 CFR 5.12(a)(1).
(3) The penalty for making false statements is prescribed
in the U. S. Criminal Code, 18 U.S.C. 1001.
(j) Contract Work Hours and Safety Standards Act. As used
in this paragraph, the terms “laborers” and “mechanics”
include watchmen and guards.
(1) 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, including watchmen and
guards, shall require or permit any such laborer or
mechanic in any workweek in which the individual 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.
(2) Violati on; liability for unpaid wages; liquidated
damages. In the event of any violation of the
provisions set forth in subparagraph (j)(1) of this
clause, the Contractor and any 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 such District or to such
territory), for liquidated damages. Such liquidated
damages sha ll be computed with respect to each
individual laborer or mechanic (including watchmen
and guards) employed in violation of the provisions
set forth in subparagraph (j)(1) of this clause, in the
sum of $ 27 for each calendar day on which such
individual was req uired 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 subparagraph (j)(1) of this
clause. DOL posts current fines at: https://www .dol.gov/whd/
govcontracts/cwhssa.htm#cmp
(3) W it h h o ldin g fo r u n p a id w a g e s a n d li q u ida te d
d a m a g e s . H U D o r it s d e s ig n e e s h a ll u p o n its o w n
a c tio n o r u p o n w ritte n re q u e s t o f a n a u th o riz e d
re p re s e n ta tiv e o f th e De p a rtm e n t o f L a b o r w ith h o ld o r
c a u s e to b e w it h h e ld , fro m a n y mo n e y s p a y a b le o n
a c c o u n t o f w o rk p e rfo rme d b y th e Co n tra c to r o r
s u b c o n tra c to r u n d e r a n y s u c h c o n tra c t o r a n y Fe d e ra l
c o n tra c t w it h th e s a me p rim e Co n tra c to r, o r a n y o th e r
Fe d e ra lly -a s s is te d c o n tra c t s u b je c t to th e Co n tra c t
W o rk H o u rs a n d S a fe ty S ta n d a rd s Ac t, w h ic h is h e ld
b y th e s a m e p rim e Co n tra c to r, s u c h s u ms a s may b e
d e te rmi n e d to b e n e c e s s a ry to s a tis fy a n y li a b il it ies o f
s u c h Co n tra c to r o r s u b c o n tra c to r fo r u n p a id w a g e s
a n d li q u id a te d d a ma g e s a s p ro v id e d in th e p ro v is io n s
s e t fo rth in s u b p a ra g ra p h (j)(2) o f th is c lau s e .
(k ) S u b c o n tra c ts . The Co n tra c to r o r s u b c o n tra c to r s h a ll ins e rt
in a n y s u b c o n tra c ts a ll th e p ro v is io n s c o n ta in e d in th is
c la u s e , a n d s u c h o th e r c la u s e s a s H U D o r it s d e s ig n e e
m a y b y a p p ro p ria te in s tru c tio n s re q u ire , a n d a ls o a
c lau s e re q u irin g th e s u b c o n tra c to rs to in c lud e th e s e
p ro v is io n s in a n y lo w e r tie r s u b c o n tra c ts . The p rim e
Co n tra c to r s h a ll b e re s p o n s ib le fo r th e c o mpl ia n c e b y a n y
s u b c o n tra c to r o r lo w e r tie r s u b c o n tra c to r w it h a ll th e s e
p ro v is ion s .
th e p la n a p p ro v e d b y th e Empl o y men t a n d T ra ini n g
Ad mi n is tra tio n . Ev e ry tra in e e m u s t b e p a id a t n o t le s s
th a n th e ra te s p e c ifie d in th e a p p ro v e d p ro g ra m fo r th e
trainee’s level of progress, expressed as a percentage
o f th e jo u rn e y ma n h o u rly ra te s p e c if ied in th e
a p p li c a b le w a g e d e te rmi n a tion . Tr a ine e s s h a ll b e p a id
frin g e b e n e fit s in a c c o rd a n c e w it h th e p ro v is io n s o f th e
tra in e e p ro g ra m. If th e tra in e e p ro g ra m d o e s n o t
men tion fring e b e n e fits , tra ine e s s h a ll b e p a id th e fu ll
a mou n t o f frin g e b e n e fit s li s te d in th e w a g e
d e te rmi n a tio n u n les s th e Ad mi n is tra to r o f th e W a g e
a n d H o u r Div is io n d e te rm in e s th a t th e re is a n
a p p re n tic e s h ip p ro g ra m a s s o c ia te d w it h th e
c o rre s p o n d in g jo u rn e y man w a g e ra te in th e w a g e
d e te rmi n a tio n w h ic h p ro v id e s fo r le s s th a n fu ll frin g e
b e n e fit s fo r a p p re n tic e s . An y e mpl o y e e lis te d o n th e
p a y ro ll a t a tra in e e ra te w h o is n o t re g is te re d a n d
p a rtic ip a tin g in a tra in in g p la n a p p ro v e d b y th e
Employ me n t a n d T ra ini n g Ad mi n is tra tio n s h a ll b e p a id
n o t le s s th a n th e a p p li c a b le w a g e ra te in th e w a g e
d e te rmi n a tio n fo r th e c la s s if ic a tio n o f w o rk a c tu a ll y
p e rfo rme d . In a d d it io n , a n y tra in e e p e rfo rmi n g w o rk o n
th e jo b s it e in e x c e s s o f th e ra tio p e rmi tte d u n d e r th e
re g is te re d p ro g ra m s h a ll b e p a id n o t le s s th a n th e
a p p li c a b le w a g e ra te in th e w a g e d e te rmi n a tio n fo r th e
w o rk a c tu a ll y p e rfo rm e d . In th e e v e n t th e Empl o y me n t
a n d T ra in in g Ad mi n is tra tio n w it h d ra w s a p p ro v a l o f a
tra in in g p ro g ra m, th e Co n tra c to r w ill n o lo n g e r b e
p e rm it te d to u til iz e tra in e e s a t le s s th a n th e a p p li c a b le
p re d e te rm in e d ra te fo r th e w o rk p e rfo rm e d
u n til a n a c c e p ta b le p ro g ra m is a p p ro v e d .
(3) Eq u a l e mpl o y me n t o p p o rtu n it y . The u til iz a tion o f
a p p re n tic e s , tra in e e s , a n d jo u rn e y me n u n d e r th is
c la u s e s h a ll b e in c o n fo rmi ty w it h th e e q u a l
e m p lo y m e n t o p p o rtu n ity re q u ire me n ts o f Ex e c u tiv e
O rd e r 11246, a s a m e n d e d , a n d 29 CFR P a rt 30.
(e) Co mplian c e w ith Co p e lan d Ac t re q u ire men ts . The
Co n tra c to r s h a ll c o mply w it h th e re q u ir e me n ts o f 29 CFR
P a rt 3, w h ic h a re h e re b y inc o rp o ra te d b y re fe re n c e in th is
c o n tra c t.

(f) Co n tra c t te rmi n a tion ; d e b a rmen t. A b re a c h o f th is c o n tra c t
c la u s e m a y b e g ro u n d s fo r te rmi n a tio n o f th e c o n tra c t a n d
fo r d e b a rm e n t a s a Co n tra c to r a n d a s u b c o n tra c to r a s
p ro v id e d in 29 CFR 5.12.
(g) Co mplian c e w ith Da v is -Ba c o n a n d re lat e d Ac t
re q u ire m e n ts . All ru li n g s a n d in te rp re ta tio n s o f th e Da v is -
Ba c o n a n d re lat e d Ac ts c o n ta in e d in 29 CFR P a rts 1, 3,
a n d 5 a re h e re in in c o rp o ra te d b y re fe re n c e in th is
c o n tra c t.
(h) Dis p u te s c o n c e rn ing lab o r s ta n d a rd s . Dis p u te s a ris ing o u t
o f th e la b o r s ta n d a rd s p ro v is io n s o f th is c la u s e s h a ll n o t
b e s u b jec t to th e g e n e ra l d is p u te s c lau s e o f th is c o n tra c t.
S u c h d is p u te s s h a ll b e re s o lv e d in a c c o rd a n c e w it h th e
p ro c e d u re s o f th e De p a rtmen t o f L a b o r s e t fo rth in 29
CFR P a rts 5, 6, a n d 7. Dis p u te s w it h in th e m e a n in g o f
th is c lau s e inc lu d e d is p u te s b e tw e e n th e Co n tra c to r (o r
a n y o f it s s u b c o n tra c to rs ) a n d th e P H A, H U D, th e U .S .
De p a rtm e n t o f L a b o r, o r th e e m p lo y e e s o r th e ir
re p re s e n ta tiv e s .
(i) Ce rtif ic a tion o f e ligib il ity .
(1) By e n te rin g int o th is c o n tra c t, th e Co n tra c to r c e rtif ies
th a t n e it h e r it (n o r h e o r s h e ) n o r a n y p e rs o n o r firm
who has an interest in the Contractor’s firm is a
p e rs o n o r fir m ine ligib le to b e a w a rd e d c o n tra c ts b y
th e U n ite d S ta te s G o v e rn m e n t b y v irtu e o f s e c tio n
3(a ) o f th e Da v is -Ba c o n Ac t o r 29 CFR 5.12(a )(1).
Prev iou s edi tion s are ob s o let e
R epl ac es for m H U D-5370-A
Prev iou s edi tion s are ob s o let e
R epl ac es for m H U D-5370-A
Page 18 o f 19 for m H U D-5370 (1/2014)
47. Non -Federal Prevailing Wage Rates
(a) Any prevailing wage rate (including basic hourly rate and
any fringe benefits), determined under State or tribal 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 subc ontractor, with respect
to employees engaged under the contract whenever
such non -Federal prevailing wage rate exceeds:
(1) The applicable wage rate determined by the Secretary
of Labor pursuant to the Davis -Bacon Act (40 U.S.C.
3141 et seq.) to be prev ailing in the locality with
respect to such trade;
(b) An applicable apprentice wage rate based thereon
specified in an apprenticeship program registered with
the U.S. Department of Labor (DOL) or a DOL -
recognized State Apprenticeship Agency; or
(c) An applicable trainee wage rate based thereon specified
in a DOL -certified trainee program.
48. Procurement of Recovered Materials.
(a) In accordance with Section 6002 of the Solid Waste
Disposal Act, as amended by the Resource Conservation
and Recovery Act , the Contractor shall procure items
designated in guidelines of the Environmental Protection
Agency (EPA) at 40 CFR Part 247 that contain the highest
percentage of recovered materials practicable, consistent
with maintaining a satisfactory level of co mpetition. The
Contractor shall procure items designated in the EPA
guidelines that contain the highest percentage of
recovered materials practicable unless the Contractor
determines that such items: (1) are not reasonably
available in a reasonable pe riod of time; (2) fail to meet
reasonable performance standards, which shall be
determined on the basis of the guidelines of the National
Institute of Standards and Technology, if applicable to the
item; or (3) are only available at an
unreasonable pri ce.
( ) Paragraph (a) of this clause shall apply to items
purchased under this contract where: (1) the
Contractor purchases in excess of $10,000 of the item
under this contract; or (2) during the preceding
Federal fiscal year, the Contractor: (i) purchased any
amount of the items for use under a contract that was
funded with Federal appropriations and was with a
Federal agency or a State agency or agency of a
political subdivision of a State; and (ii) pu rchased a
total of in excess of $10,000 of the item both under
and outside that contract.
Previous editions are obsolete Page 19 of 19 form HUD -5370 (1/2014)
Replaces form HUD -5370-A
DCHA 0013-D-2022 Phase 1 Security Camera and Access Control Upgrades at Various DCHA Properties Attachment

ATTACHMENT G – WAGE DETERMINATION

4111/25,10:25AM ‘SAM.gov
"GeneralDecisionNumber:DC2024000211/29/2024
SupersededGeneralDecisionNumber:DC2@230002
State:DistrictofColumbia
ConstructionType:Building
County:DistrictofColumbiaStatewide.
BUILDINGCONSTRUCTIONPROJECTS(doesnotincludesinglefamilyhomesorapartmentsuptoandincluding4 stories).
Note:ContractssubjecttotheDavis-BaconActaregenerallyrequiredtopayatleasttheapplicableminimumwageraterequiredunderExecutiveOrder14026orExecutiveOrder13658.PleasenotethattheseExecutiveOrdersapplytocoveredcontractsenteredintobythefederalgovernmentthataresubjecttotheDavis-BaconActitself,butdonotapplytocontractssubjectonlytotheDavis-BaconRelatedActs,includingthosesetforthat29CFR5.1(a)(1).
[Ifthecontractisentered[intoonorafterJanuary30,|2022,orthecontractis|renewedorextended(e.g.,anloptionisexercised)onor|afterJanuary30,2622:
|TFthecontractwasawardedon
|January29,2022,andthe|contractisnotrenewedorJextendedonorafterJanuary|30,2022:
I. |
| |
| |
I. I
| |
| |
| |
| I
I |
I |
| |
! |
{dt|>ExecutiveOrder13658 IJorbetweenJanuary1,2015anal |
I. |
| i
| |
|| |
| |
| |
i I
ExecutiveOrder14026generallyappliestothecontract.Thecontractormustpayallcoveredworkersatleast$17.28perhour(or‘theapplicablewagerateListedonthiswagedetermination,ifitishigher)forallhoursspentperformingonthecontractin2024.
generallyappliestothecontract.Thecontractormustpayallcoveredworkersatleast$12.90perhour(ortheapplicablewageratelistedonthiswagedetermination,ifitishigher)forallhoursspentperformingonthatcontractin2024.
TheapplicableExecutiveOrderminimumwageratewillbeadjustedannually.IfthiscontractiscoveredbyoneoftheExecutiveOrdersanda classificationconsiderednecessaryforperformanceofworkonthecontractdoesnotappearonthiswagedetermination,thecontractormuststillsubmitaconformancerequest.
AdditionalinformationoncontractorrequirementsandworkerprotectionsundertheExecutiveOrdersisavailableathttp://www.dol..gov/whd/govcontracts.
ModificationNumber PublicationDate@ 01/25/20241 1/12/2024
/ttps:/samgoviwage-determinatior/DC20240002/9 119
4/11/28,10:25AM SAM.gov
02/23/202404/05/20245/10/202407/05/202408/22/202408/09/202408/23/202411/29/2024
wavaunun
ASBE@@24-00710/01/2023
Rates Fringes
ASBESTOSWORKER/HEAT& FROSTINSULATOR.«2.+.s2eeseeeeeeeeeeese$40-02 19.6748
Includestheapplicationofallinsulatingmaterials,protectivecoverings,coatingsandfinishestoalltypesofmechanicalsystems
a.PAIDHOLIDAYS:NewYear'sDay,MartinLutherKingDay,MemorialDay,IndependenceDay,LaborDay,Veterans’Day,ThanksgivingDay,thedayafterThanksgivingandChristmasDayprovidedtheemployeeworkstheregularworkdaybeforeandafterthepaidholiday.

ASBEG@24-@0804/01/2021
Rates Fringes
ASBESTOSWORKER:HAZARDOUSMATERIALHANDLER.....-seeeeeeeees$24.46 8.6948
Includespreparation,wetting,stripping,removal,scrapping,vacuuming,bagginganddisposingofallinsulationmaterials,whethertheycontainasbestosornot,frommechanicalsystems
a.PAIDHOLIDAYS:NewYear'sDay,MartinLutherKingDay,MemorialDay,IndependenceDay,LaborDay,Veterans’Day,ThanksgivingDay,thedayafterThanksgivingandChristmasDayprovidedtheemployeeworkstheregularworkdaybeforeandafterthepaidholiday.

ASBEGO24-@1404/01/2023
Rates Fringes
FIRESTOPPER....... $ 29.80 9.83+a
Includestheapplicationofmaterialsordeviceswithinoraroundpenetrationsandopeningsinallratedwallorfloorassemblies,inordertopreventthepasageoffire,smokeofothergases.Theapplicationincludesallcomponentsinvolvedincreatingtheratedbarrieratperimeterslabedgesandexteriorcavities,theheadofgypsumboardorconcretewalls,jointsbetweenratedwallorfloorcomponents,sealingofpenetratingitemsandblankopenings.
a.PAIDHOLIDAYS:NewYear'sDay,MartinLutherKingDay,MemorialDay,IndependenceDay,LaborDay,Veterans’Day,ThanksgivingDay,thedayafterThanksgivingandChristmasDayprovidedtheemployeeworkstheregularworkdaybefore

hitps://samgoviwage-determination/DC20240002/9 29
4/11125,10:25AM SAM.gov
andafterthepaidholiday.
BRDCO@01-0204/28/2024
Rates Fringes
BRICKLAYER...eeeeeeeeesecaeee 37.58 14.38

CARPO197-01105/01/2024
Rates Fringes
CARPENTER,IncludesDrywallHanging,FormWork,andSoftFloorLaying-Carpet. $34.41 14.33

CARPO219-@0105/01/2024
Rates Fringes
MELLWRIGHT.«eee ceeeeeeeecere 8 38.62 16.89

CARP@474-20605/01/2024
Rates Fringes
36.60 14.47

PILEDRIVERMAN.......04+
ELEC0026-01606/05/2023
Rates Fringes
ELECTRICIAN,IncludesInstallationofHVAC/TemperatureControls. 53.00 21.35

ELECO@26-01709/04/2023
Rates Fringes
ELECTRICALINSTALLER(Sound& CommunicationSystems)...-+$32.05 12.30

SCOPEOFWORK:Includeslowvoltageconstruction,installation,maintenanceandremovalofteledatafacilities(voice,dataandvideo)includingoutsideplant,telephoneanddatainsidewire,interconnect,terminalequipment,centraloffices,PABX,fiberopticcableandequipment,railroadcommunications,microwaves,VSAT,bypass,CATV,WAN(Wideareanetworks),LAN(Localareanetworks)andISON(Integratedsystemsdigitalnetwork).
WORKEXCLUDED:Theinstallationofcomputersystemsinindustrialapplicationssuchasassenblylines,roboticsandcomputercontrollermanufacturingsystems.Theinstallationofconduitand/orracewaysshallbeinstalledbyInsideWiremen.OnsiteswherethereisnoInsideWiremanemployed,theTeledataTechnicianmayinstallracewayorconduitnotgreaterthan10feet.Firealarmworkisexcludedonallnewconstructionsitesorwhereverthefirealarmsystemisinstalledinconduit.AllHVACcontrolwork.

https:/samgoviwage-determination/DC20240002/9 319
4111125,10:25AM SAM.gov
ELEVo010-00101/01/2024
Rates Fringes
ELEVATORMECHANIC.«0... +00eeeeee0$54.77 37.885+a+b

a.PAIDHOLIDAYS:NewYear'sDay,MemorialDay,IndependenceDay,LaborDay,Veterans’Day,ThanksgivingDay,ChristmasDayandtheFridayafterThanksgiving.
b.VACATIONS:Employercontributes8%ofbasichourlyratefor5 yearsormoreofservice;6%ofbasichourlyratefor6 monthsto 5 yearsofserviceasvacationpaycredit.

TRONG@@S-08506/1/2024
Rates Fringes
TRONWORKER,STRUCTURALANDORNAMENTAL $ 37.86 25.86
TRONG@O5-@1205/01/2024
Rates Fringes
ceee$31.88 23.78TRONWORKER,REINFORCING
Lapoee11-28996/01/2023
Rates Fringes
LABORER:Skilled...........++4++$28.95 7.70
FOOTNOTE:Potmen,powertooloperator,smallmachineoperator,signalmen,laserbeamoperator,waterproofer(excludingroofing),opencaisson,testpit,underpinning,pierholeandditches,lagersandallworkassociatedwithlaggingthatisnotexpresslystated,strippers,operatorofhandderricks,vibratoroperators,pipelayers,ortilelayers,operatorsofjackhammers,pavingbreakers,spadersoranymachinethatdoesthesamegeneraltypeofwork,carpentertenders,scaffoldbuilders,operatorsoftowmasters,scootcretes,buggymobilesandothermachinesofsimilarcharacter,operatorsoftampersandrammersandothermachinesthatdothesamegeneraltypeofwork,whetherpoweredbyair,electricorgasoline,buildersoftrestlescaffoldsoveronetierhighandsandblasters,powerandchainsawoperatorsusedinclearing,installersofwellpoints,wagondrilloperators,acetyleneburnersandlicensedpowdermen,stakejumper,demolition.

MARBe0@2-00404/28/2024
Rates Fringes
MARBLE/STONEMASON.. «$44.30 20.92
INCLUDINGpointing,caulkingandcleaningofAlltypesofmasonry,brick,stoneandcementEXCEPTpointing,caulking,cleaningofexistingmasonry,brick,stoneandcement(restorationwork)

htips://samgoviwage-determination/DC20240002/9 419
411128,10:25AM SAM.gov
MARBOG@3-28604/28/2024
Rates Fringes
TERRAZZOWORKER/SETTER. -$33.41 13.94

MARBGO03-00704/28/2024
Rates Fringes
TERRAZZOFINISHER. -$ 28.09 12.29

MARBQ@03-00804/28/2024
Rates Fringes
TILESETTER. 13.94

MARB@0@3-00904/28/2024
Rates Fringes
TILEFINISHER -$28.09 12.29

PAIN@S1-01426/01/2023

Rates Fringes
GLAZIERGlazingContracts$2millionandunder. seeee$30.52 13.85GlazingContractsover$2million. $ 34.76 13.85
PAING@S1-@156/01/2023
Rates Fringes
PAINTERBrush,Roller,SprayandDrywallFinisher.......$ 27.46 11.56
PLAS@891-08507/01/2023
Rates Fringes
PLASTERER(IncludingFireproofing)....+s++ssseeeeeee++$31-83 8.96

* PLAS@B91-00602/01/2024
Rates Fringes
CEMENTMASON/CONCRETEFINISHER...$30.25 13.60
PLUM@@eS-21008/21/2624
Rates Fringes
PLUMBER...02eseeeeeeseeeeeeeeeee$51-25 22.46+a

a.PAIDHOLIDAYS:LaborDay,Veterans’Day,ThanksgivingDayandthedayafterThanksgiving,ChristmasDay,NewYear'sDay,MartinLutherKing'sBirthday,MemorialDayandtheFourthofJuly.
https://samgoviwage-determination/DC20240002/9 5I9
4111725,10:25AM SAM.gov

PLUM@602-00808/01/2024
Rates Fringes
PIPEFITTER,IncludesHVACPipeInstallation.........$ 52.27 23.794
a.PAIDHOLIDAYS:NewYear'sDay,MartinLutherKing'sBirthday,MemorialDay,IndependenceDay,LaborDay,Veterans’Day,ThanksgivingDayandthedayafterThanksgivingandChristmasDay.

ROOF@030-01607/01/2024
Rates Fringes
ROOFER... v8 34.76 14.91

SFDC@669-00204/01/2024
Rates Fringes
SPRINKLERFITTER(FireSprinklers)....eesseeeeee$ 42.32 25.80

SHEE@1@0-01511/@1/:
Rates Fringes
SHEETMETALWORKER(IncludingHVACDuctInstallation) seeee$47.92 22.7244

a. PAIDHOLIDAYS

NewYear'sDay,MartinLutherKing'sBirthday,MemorialDay,IndependenceDay,LaborDay,VeteransDay,ThanksgivingDayandChristmasDay
* suDC2009-203@5/19/2009

Rates Fringes
LABORER:CommonorGeneral......$13.04** 2.80
LABORER:MasonTender-
Cement/Concrete.. ceeeeee$15.40** 2.85

LABORER:MasonTenderforpointing,caulking,cleaningofexistingmasonry,brick,stoneandcementstructures(restorationwork);excludespointing,caulkingandcleaningofneworreplacementmasonry,brick,stoneandcement. seeeeees$11.67**

POINTER,CAULKER,CLEANER,Includespointing,caulking,cleaningofexistingmasonry,brick,stoneandcementstructures(restorationwork);excludespointing,
https:/sam.goviwage-determination/2C20240002/9
4114725,10:25AM SAMgov
caulking,cleaningofneworreplacementmasonry,brick,stoneorcement....... --$18.88

WELDERS-Receiverateprescribedforcraftperformingoperationtowhichweldingisincidental.

**Workersinthisclassificationmaybeentitledtoa higherminimumwageunderExecutiveOrder14026($17.20)or13658($12.98).PleaseseetheNoteatthetopofthewagedeterminationformoreinformation.Pleasealsonotethattheminimumwagerequirementsof ExecutiveOrder14026arenotcurrentlybeingenforcedastoanycontractorsubcontracttowhichthestatesofTexas,Louisiana,orMississippi,includingtheiragencies,area party.
Note:ExecutiveOrder(£0)13766,EstablishingPaidSickLeaveforFederalContractorsappliestoallcontractssubjecttotheDavis-BaconActforwhichthecontractisawarded(andanysolicitationwasissued)onorafterJanuary1,2017.Ifthiscontractiscoveredbythe£0,thecontractormustprovideemployeeswith1 hourofpaidsickleaveforevery38hourstheywork,upto56hoursofpaidsickleaveeachyear.Employeesmustbepermittedtousepaidsickleavefortheirownillness,injuryorotherhealth-relatedneeds,includingpreventivecare;toassista familymember(orpersonwhoisLikefamilytotheemployee)whoisill,injured,orhasotherhealth-relatedneeds,includingpreventivecare;orforreasonsresultingfrom,ortoassista familymember(orpersonwhoislikefamilytotheemployee)whoisa victimof,domesticviolence,sexualassault,orstalking.AdditionalinformationoncontractorrequirementsandworkerprotectionsundertheEOisavailableathttps://www.dol.gov/agencies/whd/government-contracts.

Unlistedclassificationsneededforworknotincludedwithin‘thescopeoftheclassificationslistedmaybeaddedafterawardonlyasprovidedinthelaborstandardscontractclauses(29CFR5.5(a)(1)(iii).

Thebodyofeachwagedeterminationliststheclassificationandwageratesthathavebeenfoundtobeprevailingforthecitedtype(s)ofconstructionintheareacoveredbythewagedetermination.Theclassificationsarelistedinalphabeticalorderof ““identifiers""thatindicatewhethertheparticularrateisa unionrate(currentunionnegotiatedrateforlocal),a surveyrate(weightedaveragerate)ora unionaveragerate(weightedunionaveragerate).

UnionRateIdentifiers
A fourletterclassificationabbreviationidentifierenclosedindottedlinesbeginningwithcharactersotherthan""SU""or“*uavG""denotesthattheunionclassificationandratewereprevailingforthatclassificationinthesurvey.Example:PLUM@198-00507/1/2014.PLUMisanabbreviationidentifieroftheunionwhichprevailedinthesurveyforthis
https://samgoviwage-determination/0C20240002/9 719
4141125,10:25AM SAM.gov
classification,whichinthisexamplewouldbePlumbers.@198indicatesthelocalunionnumberordistrictcouncilnumberwhereapplicable,i.e.,PlumbersLocal@198.Thenextnumber,@05intheexample,isaninternalnumberusedinprocessingthewagedetermination.@7/01/2014istheeffectivedateofthemostcurrentnegotiatedrate,whichinthisexampleisJuly1,2014.
Unionprevailingwageratesareupdatedto reflectallratechangesinthecollectivebargainingagreement(CBA)governingthisclassificationandrate.
SurveyRateIdentifiers
Classificationslistedunderthe""SU""identifierindicatethatnoonerateprevailedforthisclassificationinthesurveyandthepublishedrateisderivedbycomputinga weightedaverageratebasedonalltheratesreportedinthesurveyforthatclassification.Asthisweightedaveragerateincludesallratesreportedinthesurvey,itmayincludebothunionandnon-unionrates.Example:SULA2@12-0075/13/2014.SUindicatestheratesaresurveyratesbasedona weightedaveragecalculationofratesandarenotmajorityrates.LAindicatestheStateof Louisiana.2012istheyearofsurveyonwhichtheseclassificationsandratesarebased.Thenextnumber,007intheexample,isaninternalnumberusedinproducingthewagedetermination.5/13/2014indicatesthesurveycompletiondatefortheclassificationsandratesunderthatidentifier.
Surveywageratesarenotupdatedandremainineffectuntilanewsurveyisconducted.
UnionAverageRateIdentifiers
Classification(s)listedundertheUAVGidentifierindicatethatnosinglemajorityrateprevailedforthoseclassifications;however,100%ofthedatareportedfortheClassificationswasuniondata.EXAMPLE:UAVG-OH-001008/29/2014.UAVGindicatesthattherateisa weightedunionaveragerate.OHindicatesthestate.Thenextnumber,0010intheexample,isaninternalnumberusedinproducingthewagedetermination.08/29/2014indicatesthesurveycompletiondatefortheclassificationsandratesunderthatidentifier.

A UAVGratewillbeupdatedoncea year,usuallyinJanuaryofeachyear,toreflecta weightedaverageofthecurrentnegotiated/CBArateoftheunionlocalsfromwhichtherateisbased.
StateAdoptedRateIdentifiers
Classificationslistedunderthe""SA""identifierindicatethattheprevailingwageratesetbya state(orlocal)governmentwasadoptedunder29C.F.R@1.3(g)-(h).Example:SAME2023-007€1/03/2024.SAreflectsthattheratesarestateadopted.MEreferstotheStateofMaine.2023istheyearduringwhichthestatecompletedthesurveyonwhichthelistedclassificationsandratesarebased.Thenextnumber,007intheexample,isaninternalnumberusedinproducingthewagedetermination.@1/3/2024reflectsthedateonwhichtheclassificationsandratesunderthe?SA?identifiertookeffectunderstatelawinthestatefromwhichtherateswereadopted.

hitps:l/samgoviwage-determinatior/DC20240002/9 819
4/11/25,10:25AM SAM.gov
WAGEDETERMINATIONAPPEALSPROCESS
1.)Hastherebeenan initialdecisioninthematter?Thiscanbe:
anexistingpublishedwagedeterminationa surveyunderlyinga wagedeterminationa WageandHourDivisionlettersettingfortha positionona wagedeterminationmatter* a conformance(additionalclassificationandrate)ruling
Onsurveyrelatedmatters,initialcontact,includingrequestsforsummariesofsurveys,shouldbewiththeWageandHourNationalOfficebecauseNationalOfficehasresponsibilityfortheDavis-Baconsurveyprogram.Iftheresponsefromthisinitialcontactisnotsatisfactory,thentheprocessdescribedin2.)and3.)shouldbefollowed.
Withregardto anyothermatternotyetripefortheformalprocessdescribedhere,initialcontactshouldbewiththeBranchofConstructionWageDeterminations.Writeto:
BranchofConstructionWageDeterminationsWageandHourDivisionU.S.DepartmentofLabor280ConstitutionAvenue,N.W.Washington,DC2021¢
2.)Iftheanswertothequestionin1.)isyes,thenaninterestedparty(thoseaffectedbytheaction)canrequestreviewandreconsiderationfromtheWageandHourAdministrator(See29CFRPart1.8and29CFRPart7).Writeto:
WageandHourAdministratorU.S.DepartmentofLabor208ConstitutionAvenue,N.W.Washington,DC2021
Therequestshouldbeaccompaniedbya fullstatementoftheinterestedparty'spositionandbyanyinformation(wagepaymentdata,projectdescription,areapracticematerial,etc.)thattherequestorconsidersrelevanttotheissue.
3.)IfthedecisionoftheAdministratorisnotfavorable,aninterestedpartymayappealdirectlytotheAdministrativeReviewBoard(formerlytheWageAppealsBoard).Writet

AdministrativeReviewBoardU.S.DepartmentofLabor200ConstitutionAvenue,N.W.Washington,DC2621¢
4.)AlldecisionsbytheAdministrativeReviewBoardarefinal.

ENDOFGENERALDECISION"
htips://samgoviwage-determination/DC20240002/9 919
DCHA 0013-D-2022 Phase 1 Security Camera and Access Control Upgrades at Various DCHA Properties Attachment

ATTACHMENT H (link available) – COPY OF RFQ DESCRIPTION OF SERVICES

DCHA 0013-D-2022 Phase 1 Security Camera and Access Control Upgrades at Various DCHA Properties Attachment

ATTACHMENT I – CONTRACTOR PAYMENT AND PERFORMANCE BONDS

Bond No. 1102316
Gy PaymentBondForm(Samp!

Payment Bond

Job Order Contract:001
THIS INSTRUMENT WITNESSETH: Thatwe (1)_VigilContracting,Inc.
2140PriestBridgeCourt,Suite7,Crofton,MD 21114
a(2)__Corporation
organizedunderthelawsof _Colorado hereinafterauthorizedto
dobusinessintheDistrictofColumbiaof(3),
and(4)_ TheHanoverInsuranceCompany
asSurety,areheldandfirmlybounduntoDISTRICTOF COLUMBIAHOUSINGAUTHORITY,hereinaftercalledtheOWNER,inaccordancewitha referredto,inthepenalsumof(5)ThreeMillionSevenHundredThousandDOLLARS($3,700,000.00___)lawfulmoneyoftheUnitedStates,wellandtrulytobepaiduntothesaidOWNER,forthepaymentofwhichwebindourselves,ourheirs,executors,administrators,successorsandassignees,jointlyandseverally,firmlybythesepresents,
WHEREAS,thesaidPrincipalhasenteredintoawrittencontractwiththeOWNER,dated
forworkdesignatedas _ContractNo.0013-D-2022-DC5024.01
FY2025Phase1SecurityCamerasandAccessControlUpgradesatVariousSites.
locatedin _theDistrictofColumbia inconformitywithContractDocuments
herebyreferredtoandmadeaparthereof,thesame,toallintentsandpurposes,asifwritenatlength herein,in which Contract the said Principalhas contractedto perform the Work specifiedin
‘saidContractinaccordance withthe terms thereof.
(1) Contractor
(2) Corporation,Partnershiporindividual
(3) StateorDistrictinwhichprojectislocated
(4) Surety
(6) dollars

OfficeofCapitalPrograms PageU-1

PaymentBondForm(Sampl

NOW THEREFORE,theconditionsofthisobligationaresuchthatifthePrincipalshallfaithfullysatisfyallclaimsanddemandsincurredbythePrincipalofsaidContract,andshallpayallobligationsarisingthereunder,andshallfullyindemnifyandsaveharmlesstheOWNER fromallcostanddamagewhichtheOWNER mightsufferbyreasonofthefailureofthePrincipaltodoso,andshallfullyreimburseandrepaytotheOWNER allcosts,damages,andexpenseswhichtheOWNER mayincur,makinggoodanydefaultbythePrincipal,andshallpromptlymakepaymenttoallpersonssupplyinglabor,equipmentormaterialsforuseintheprosecutionoftheWork,whetherbysubcontractororotherwise,andincludingallinsurancepremiumsonsaidWorkasprovidedforinsuchContract,thenthisobligationshallbenullandvoid;otherwise,itshallremaininfullforceandeffect.Inaddition,thePrincipalandSurety,jointlyandseverally,expresslyguaranteethattheOwnerwillbeheldharmlessfromanyliens,claims,demandsorobligationsinconjunctionwithmaterialsorservicesprovidedwithrespecttothisContract.
‘TheOWNERmaysueonthisBond,andanypersonfurnishingmaterialorperforminglabor,eitherasanindividualorasa subcontractor,shallhavetherighttosueonthisbond,inthenameoftheOWNER,forhisuseandbenefit.
ThesaidSurety,forvaluereceived,herebystipulatesandagreesthatnochange,extensionoftime,alterationoradditiontothetermsoftheContract,ortotheWorktobeperformedthereunder,ortheContractDocumentsaccompanyingthesame,shallinanywayaffectitsobligationonthisBond,anditdoesherebywaivenoticeofanysuchchanges,extensionoftime,alterationoradditiontothetermsoftheContractortotheWorkortotheContractDocuments.
PROVIDED,FURTHER,thatnofinalsettlementbetweentheOWNER andtheCONTRACTORshallabridgetherightofanybeneficiaryhereinunder,whoseclaimmaybeunsatisfied,
INWITNESS WHEREOF, thisinstrumentisexecutedinseveralcounterparts,eachoneofwhichshallbe deemed an original,this30th __dayof ___December__,20 24
(SEAL) (c) VigilContracting,Inc.
Attest BY:
TitleShannan D. Vigil,President
(g)TheHanoverInsuranceCompany

BY:

(Attorney-inFact)
WesleyA. (©) Contractor
(8) Surety

OfficeofCapitalPrograms PageU-2
Bond No. 1102316

Bond
PerformanceBond
Job OrderContract:0013-D-2022-DC5024.01
KNOW ALL BY THESE PRESENTS:
That_ VigilContracting,Inc.
2140PriestBridgeCourt,Suite7,Crofton,MD 21114
asPrincipal,and_TheHanoverInsuranceCompany
440LincolnStreet,Worcester,MA 01653
acorporationoftheStateofNewHampshire .asSurety,areheldandfirmlybound unto the DISTRICT OF COLUMBIA HOUSING AUTHORITY, as
theOWNER,intheamountof,ThreeMillionSevenHundredThousand
DOLLARS ($_3,700,000.00 ) forthepaymentthereofPrincipaland Suretybond
themselves,theirheirs,executors,administrators,successorsandassigns,jointlyandseverally,firmlybythesepresents
WHEREAS,Principalhas,bywrittenagreementdated20___,enteredintoacontractwithOWNER
for_ContractNo.0013-D-2022-DC5024.01
FY2025Phase1SecurityCamerasandAccessControlUpgradesatVariousSites
inaccordancewithContractDocumentspreparedbytheDISTRICTOF COLUMBIAHOUSINGAUTHORITY,whichContractis,byreference,madeaparthereofandishereinafterreferredtoasthe"Contract"
NOW, THEREFORE,theconditionsofthisobligationaresuchthatifthePrincipalshallfaithfully
satisfyallclaimsanddemandsincurredbythePrincipalofsaidContract,andshallpayallobligationarisingthereunder,andshallfullyindemnifyandsaveharmlesstheOWNER fromallcostand

OfficeofCapitalPrograms PageV-1

damagewhichtheOWNER mightsufferbyreasonofthefailureofthePrincipaltodoso,andshallfullyreimburseandrepaytotheOWNERallcosts,damages,andexpenseswhichtheOWNERmayincur,makinggoodanydefaultbythePrincipal,andshallpromptlymakepaymenttoallpersonssupplyinglabor,equipment,ormaterialsforuseintheprosecutionoftheWork,whetherbysubcontractororotherwise,andincludingallinsurancepremiumsonsaidWorkasprovidedforinsuchContract,thenthisobligationshallbenullandvoid;otherwise,itshallremaininfullforceandeffect
Inaddition,thePrincipalandSurety,jointlyandseverally,expresslyguaranteethattheOWNERwillbeheldharmlessfromanyliens,claims,demands,orobligationsinconjunctionwithmaterialsorservicesprovidedwithrespecttothisContract.
‘TheOWNER maysueonthisBond,andanypersonfurnishingmaterialorperforminglabor,eitherasanindividualorasa subcontractor,shallhavetherighttosueonthisbond,inthenameoftheOWNER,forhisuseandbenefit.
INWITNESS WHEREOF, thisinstrumentisexecutedinseveralcounterparts,eachoneofwhichshallbedeemedanoriginal,this_30th_dayof __December__,20.24
(SEAL) (C)_VigilContracting,Inc.
Attest BY:

oun TitleShannan D. Vigil,President
(S)The Hanover InsyranceCompan’ Attest BY:
Wesley/A.Pumphrey(C) Contractor
(8) Surety

OfficeofCapitalPrograms PageV-2

‘THEHANOVERINSURANCECOMPANYMASSACHUSETTSBAYINSURANCECOMPANYCITIZENSINSURANCECOMPANYOFAMERICA

POWEROFATTORNEY‘THISPowerofAttorneylimitstheactsofthosenamedherein,andtheyhavenoauthoritytobindtheCompanyexceptinthemannerandtotheextenthereinstated,
KNOWALLPERSONSBYTHESEPRESENTS:
‘ThatTHEHANOVERINSURANCECOMPANYandMASSACHUSETTSBAYINSURANCECOMPANY,bothbeingcorporationsorganizedandexstingunderthelawsoftheStateofNewHampshire,andCITIZENSINSURANCECOMPANYOFAMERICA,acorporationorganizedangexistingunderthelawsoftheStateofMichigan,(hereinafterindviduallyandcolectvelythe“Companydoesherebyconstiuleandappoint,WesleyA.Pumphrey,TinaGrivas,DeniseEdwards,MarieC.Palmerand/orPatriciaM.HodgesCfHubIntlMid-AtlanticIncofAnnapolis,MDeachindividual,therebemorethanonenamed,asitsrueandawfulatlomey(s)n-acttosign,execute,sealacknowledgeanddeliverfr,andonitsbehalf,andasitsactanddeedanyplacewithintheUnitedStates,anyandallsuretybonds,recognizances,undertakings,oFbothersuretyobligations.Theexecutionofsuchsuretybonds,recognizances,undertakingsosurelyobigatons,inpursuanceofthesepresen,shallbeas binding{uponteCompanyasitheyhadbeendulysignedbythepresidentandallestedbyhesecretaryofheCompary.nthelrownproperpersons.Providedhowever,thatthispowerofatfomeymistheactsofthosenamedherein,andtheyhavenoauthotobindtheCompanyexceptinthemannerstatedandtheextentofanylimitationstatedbelow.‘AnySuchobligationsintheUnitedStates,nottoexceedTwenty-FiveMillionandNof100($25,000,000)nanysingleinstance“ThathispowerismadeandexecutedpursuanttotheauthorityofthefollowingResolutionspassedbytheBoardofDrecorsofsaidCompany,andsaidResolutionsremaininfillorceandeffect,
RESOLVED:ThatthePresidentoranyVicePresiden,InconjunctionwithanyVicePresident,beandtheyherebyareauthorizedandempowered10‘appointAltomeys-infacoftheCompany,intsnameandasiaca,foexeculeandacknowledgeforandonfsbehalfassurety,anyandalbonds,recognizances,contractsofindemnity,waiversoftationandallotherwritngsobligatoryinhenaturethere,whpowertoattachtheretothesealoftheCompany.AnysuchwritngssoexecutedbysuchAllomneys-n-actshallbebindingupontheCompanya iftheyhadbeendulyexecutedand‘acknowledgesbytheregularlyelectedoffcaroftheCompanyintheirownproperpersons
RESOLVED:ThatanyandallPowersofAlloreyandCertiiedCopiesofsuchPowersofAtlrneyandcertifcationinrespectthereto,grantedand‘executedbythePresidentorVicePresidentinconjunctionwithanyVicePresidentoftheCompany,shalbebindingontheCompanytothesameextent‘28falsignaturesthereinweremanualaffixed,eventhoughaneormoreofanysuchsignaturesthereonmaybefacsimile.(AdopledOctober7,1984—‘TheHanoverInsuranceCompany;AdoptedApi14,1982~MassachusettsBayInsuranceCompany,AdoptedSeptember7,2007~CiizensIneuranceCompanyofAmericaandaffrmedbyeachCompanyonMarch24,2014)
INWITNESSWHEREOF,THEHANOVERINSURANCECOMPANY,MASSACHUSETTSBAYINSURANCECOMPANYandCITIZENSINSURANCECOMPANY(OFAMERICAhavecausedthesepresensobesealedwithheirrespectivecorporateseals,dulyatestedbywoVicePresidents,this6dayofSeptember,2024
‘TheanorInsuranceCompany “ThetanovertnuranceCompany“MasnechoseltsBayInsuranceCompany. echusetsDayInsuranceComCitneastauranceCompany.afAmeren a intuganceCompanyofAmeria

iMendoza,VicePresident

STATEOFCONNECTICUT)COUNTYOFHARTFORD dss
Onthis5%dayofSeptember2024betoremecametheabovenamedExecutiveVicePresidentandVicePresidentofTheHanoverInsuranceCompany,MassachusettsBayinsuranceCompanyandCiizensInsuranceCompanyofAmeieatomepersonallyknowntobetheindividualsandoffcarsdescribedherein,andacknowledgedthalhesealsaffixedtotheprecedinginstrumentaretecorporatesealsofTheHanoverInsuranceCompany.MassachusettsBayInsuranceCompanyandCiizensInsuranceCompanyofAmerica,respectively,andthalthesaidcorporatesealsandtnekrsignaturesaeofficersweredulyafxedandsubsergdiotldinstrumentbytheauthorandarectionpfsidCorporationsWendy Latournes
NotaryPubl,StateofConnecticut
‘MyCommissionExpresJuly31,2025

WendyLatour:My commissionexpire
|theundersignedVicePresidentofTheHanoverInsuranceCompany,MassachusettsBayInsuranceCompanyandGiizensInsuranceCompanyofAmerica,herebyceriytmattheaboveandoregolngisal, ueandcorectcopyoftheOriginalPowerofAlorneyissUedbysaldCompanies,anddoherebyfurthercetthatthesaldPowersofAtlomeyaresilinforceandeffec.

CCIVENundermyhandandthesealsofsaldCompanies,atWorcester,Massachusets,tis30thdayof December
CERTIFIEDCOPY

YnRoeder,VicePresident
DCHA 0013-D-2022 Phase 1 Security Camera and Access Control Upgrades at Various DCHA Properties Attachment

ATTACHMENT J – UTILIZATION COMPLIANCE - PROJECT TRACKING
Date:
Contractor:
Project Title:
Project No:
Proposal Amount:
Name of Contractor
(Subcontractor) Role Trade Certification(s)
Planned Contract
Amount ($) Planned %
Actual Contract
Amount ($) Actual %
Vigil Contracting Inc Contra General Contractor Management/Mtl Suppli MBE 2,405,000.00$ 65%
Cobra Contracting Subcontractor Installer CBE 1,295,000.00$ 35%
Total 3,700,000.00$ 100% -$ 0%
Contractor Reporting Planned Actual
CBE 35
MBE 65
WBE 65
N/A
Total Man Hours Planned Actual
Total Project Man Hour 8750
Section 03 Reporting 10% Goal Actual
Section 03 Man Hours 875
New Section 03 Hires 0
Contractor Signature:
Title:
Date:
COO
12/11/2024
UTILIZATION COMPLIANCE - PROJECT TRACKING
$3,700,000.00
12/11/2024
Vigil Contracting, Inc.
Phase 1 Security Cameras and Access Control Upgrades
0013-D-2022-DC5024.01