RESOLUTION 19-005 RE CONTRACT ATTACHMENTS.PDF
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EXHIBIT A Baden Apartments Scope of Work per Line Item LINE WORK ITEM SCOPE OF WORK QUANTITY BID PRICE ITEM Twelve (12) Site Lighting 3.2.9.02 Replace the pole lights with GI: 150W LED. Throughout Bulbs the property Twenty (20) Install R- 38 blown-in fiberglass insulation in all accessible attic areas, including sloped areas in All 3.3.2.3 Insulation vaulted ceiling trusses, if present. Provide Depth Indicator for Energy inspectors to verify fill. residential units Remove security screens. Do not dispose of security screens. Store them for reinstallation after window replacement. Replace all existing Single pane windows with Energy Star Double Pane Windows. 1. Vinyl low e, argon gas filled dual pane with a u-factor of 0.30 and solar heat gain coefficient One hundred (shgc) rating of 0.25 or less and visible transmission rating of 0.57 minimum. Windows will Window twenty-six 3.3.2.9.02 have a noise rating of 45 decibles minimum. Replacement (126) 2. Bath windows will be obscure glass. All windows 3. All new windows will have screens. 4. All windows will have a foam sealant between the window frames and the building framing. 5. Repair any damage to interior/exterior surfaces. Repairs will match existing surfaces. 6. Paint repairs. (owner will supply paint) Contractor shall remove all existing building and porch roofing materials; 1. Install new 15 lb asphalt felt paper; 2. Install new thirty (30) year architectural asphalt roof shingles (HAMC to choose shingle color); 3. Remove and replace all pipe penetration flashing with new galvanized metal flashing, seal and paint to match new roofing color including vent piping; Twenty (20) Roof 4. Install new 2.5” X 3” galvanized drip edge; All 3.3.4 Replacement 5. Install new valley flashing; residential 6. Roofing shall be installed using the proper sized galvanized roofing nails; units 7. Roof decking shall be replaced as needed; 8. Paint the underside of any new roof decking that was installed over the soffit (HAMC will supply paint). Must coordinate with Harmon Electric to remove and restore roof solar panel equipment. Requesting 10 year warranty on roof materials Contractor responsible for removing and returning HVAC equipment. Twenty (20) Bath Exhaust All 3.4.3.1.01 Replace bath fans with Utilitech 2-Sone 70-CFM White Bathroom Fan ENERGY STAR Fans residential units BADEN BID PRICE (include in total bid price) Casa Bonitas Apartments Scope of Work per Line Item LINE WORK SCOPE OF WORK QUANTITY BID PRICE ITEM ITEM Remove security screens. Do not dispose of security screens. Store them for reinstallation after window replacement. Replace all existing Single pane windows with Energy Star Double Pane Windows. 1. Vinyl low e, argon gas filled dual pane with a u-factor of 0.30 and solar heat gain coefficient Two Window (shgc) rating of 0.25 or less and visible transmission rating of 0.57 minimum. Windows will hundred 3.3.2.9.02 have a noise rating of 45 decibles minimum. forty-two Replacement 2. Bath windows will be obscure glass. (242) 3. All new windows will have screens. All windows 4. All windows will have a foam sealant between the window frames and the building framing. 5. Repair any damage to interior/exterior surfaces. Repairs will match existing surfaces. 6. Paint repairs. (owner will supply paint) Contractor shall remove all existing building and porch roofing materials; 1. Install new 15 lb asphalt felt paper; 2. Install new thirty (30) year architectural asphalt roof shingles (HAMC to choose shingle color); 3. Remove and replace all pipe penetration flashing with new galvanized metal flashing, seal and paint to match new roofing color including vent piping; Thirty (30) Roof 4. Install new 2.5” X 3” galvanized drip edge; All 3.3.4 Replacement 5. Install new valley flashing; residential 6. Roofing shall be installed using the proper sized galvanized roofing nails; units 7. Roof decking shall be replaced as needed; 8. Paint the underside of any new roof decking that was installed over the soffit (HAMC will supply paint). Must coordinate with Harmon Electric to remove and restore roof solar panel equipment. Requesting 10 year warranty on roof materials Contractor responsible for removing and returning HVAC equipment. CASA BONITAS BID PRICE (include in grand total bid price) Flora M. Statler Apartments Scope of Work per Line Item LINE ITEM WORK SCOPE OF WORK QUANTITY BID PRICE ITEM Remove security screens. Do not dispose of security screens. Store them for reinstallation after window replacement. Replace all existing Single pane windows with Energy Star Double Pane Windows. 1. Vinyl low e, argon gas filled dual pane with a u-factor of 0.30 and solar heat gain coefficient (shgc) rating of 0.25 or less and visible transmission rating of 0.57 One minimum. Windows will have a noise rating of 45 decibles minimum. hundred Window 3.3.2.9.02 2. Bath windows will be obscure glass. sixty-eight Replacement 3. All new windows will have screens. (168) 4. All windows will have a foam sealant between the window frames and the All windows building framing. 5. Repair any damage to interior/exterior surfaces. Repairs will match existing surfaces. 6. Paint repairs. (owner will supply paint) FLORA STATLER BID PRICE (include in grand total bid price) J. Hammond Homes Scope of Work per Line Item LINE ITEM WORK SCOPE OF WORK QUANTITY BID PRICE ITEM Ten (10) Site Lighting 3.2.9.02 Change the pole lights with 150W LED Throughout the Bulbs property Remove security screens. Do not dispose of security screens. Store them for reinstallation after window replacement. Replace all existing Single pane windows with Energy Star Double Pane Windows. 1. Vinyl low e, argon gas filled dual pane with a u-factor of 0.30 and solar heat gain coefficient (shgc) rating of 0.25 or less and visible transmission rating of 0.57 minimum. One hundred Window Windows will have a noise rating of 45 decibles minimum. 3.3.2.4.02 forty (140) Replacement 2. Bath windows will be obscure glass. All windows 3. All new windows will have screens. 4. All windows will have a foam sealant between the window frames and the building framing. 5. Repair any damage to interior/exterior surfaces. Repairs will match existing surfaces. 6. Paint repairs. (owner will supply paint) Contractor shall remove all existing building and porch roofing materials; 1. Install new 15 lb asphalt felt paper; 2. Install new thirty (30) year architectural asphalt roof shingles (HAMC to choose shingle color); 3. Remove and replace all pipe penetration flashing with new galvanized metal flashing, seal and paint to match new roofing color including vent piping; 4. Install new 2.5” X 3” galvanized drip edge; Thirty (30) Roof 3.3.4 5. Install new valley flashing; All residential Replacement 6. Roofing shall be installed using the proper sized galvanized roofing nails; units 7. Roof decking shall be replaced as needed; 8. Paint the underside of any new roof decking that was installed over the soffit (HAMC will supply paint). Must coordinate with Harmon Electric to remove and restore roof solar panel equipment. Requesting 10 year warranty on roof materials. Contractor responsible for removing and returning HVAC equipment. Bath Thirty (30) 3.4.3.1.01 Exhaust Replace bath fans with Utilitech 2-Sone 70-CFM White Bathroom Fan ENERGY STAR All residential Fans units ADA One (1) 3.7.2.29.02 Replace the existing tub in ADA unit with Handicap ADA Roll In & Barrier Free Shower Tub/Shower Unit #15 JOHN HAMMOND BID PRICE (include in grand total bid price) J. Hollar Apartments Scope of Work per Line Item LINE BID PRICE WORK ITEM SCOPE OF WORK QUANTITY ITEM Remove security screens. Do not dispose of security screens. Store them for reinstallation after window replacement. Replace all existing Single pane windows with Energy Star Double Pane Windows. One 1. Vinyl low e, argon gas filled dual pane with a u-factor of 0.30 and solar heat gain hundred coefficient (shgc) rating of 0.25 or less and visible transmission rating of 0.57 minimum. Window thirty-three 3.3.2.4.02 Windows will have a noise rating of 45 decibles minimum. Replacement (133) 2. Bath windows will be obscure glass. All 3. All new windows will have screens. windows 4. All windows will have a foam sealant between the window frames and the building framing. 5. Repair any damage to interior/exterior surfaces. Repairs will match existing surfaces. 6. Paint repairs. (owner will supply paint) Contractor shall remove all existing building and porch roofing materials; 1. Install new 15 lb asphalt felt paper; 2. Install new thirty (30) year architectural asphalt roof shingles (HAMC to choose shingle color); 3. Remove and replace all pipe penetration flashing with new galvanized metal flashing, seal and paint to match new roofing color including vent piping; Twenty-five 4. Install new 2.5” X 3” galvanized drip edge; (25) Roof 3.3.4 5. Install new valley flashing; All Replacement 6. Roofing shall be installed using the proper sized galvanized roofing nails; residential 7. Roof decking shall be replaced as needed; units 8. Paint the underside of any new roof decking that was installed over the soffit (HAMC will supply paint). Must coordinate with Harmon Electric to remove and restore roof solar panel equipment. Requesting 10 year warranty on roof materials. Contractor responsible for removing and returning HVAC equipment. Twenty-five Bath (25) 3.4.3.1.01 Exhaust Replace bath fans with Utilitech 2-Sone 70-CFM White Bathroom Fan ENERGY STAR All Fans residential units J. HOLLAR BID PRICE (include in grand total bid price) Paradise Homes Scope of Work per Line Item LINE ITEM WORK ITEM SCOPE OF WORK QUANTITY BID PRICE Replace roof top mounted units with minimum 14 seer 2.5-ton heat HVAC In-unit pump with 10-year warranty. Carrier, York, Trane, Rheem, Lennox Twenty-four (24) 3.4.2.1.02 Heating or equal. Provide all mechanical and electrical accessories and All residential units mounting assembly as needed for a complete job. Replace bath fans with Utilitech 2-Sone 70-CFM White Bathroom Twenty-four (24) 3.4.3.1.01 Bath Exhaust Fans Fan ENERGY STAR All residential units PARADISE HOMES (include in total bid price) Parkview Homes Scope of Work per Line Item LINE ITEM WORK ITEM SCOPE OF WORK QUANTITY BID PRICE Remove security screens. Do not dispose of security screens. Store them for reinstallation after window replacement. Replace all existing Single pane windows with Energy Star Double Pane Windows. 1. Vinyl low e, argon gas filled dual pane with a u-factor of 0.30 and solar heat gain coefficient (shgc) rating of 0.25 or less and visible transmission rating of 0.57 minimum. Windows will have a noise rating of 45 decibles minimum. Window Ninety (90) 3.3.2.4.02 2. Bath windows will be obscure glass. Replacement All Windows 3. All new windows will have screens. 4. All windows will have a foam sealant between the window frames and the building framing. 5. Repair any damage to interior/exterior surfaces. Repairs will match existing surfaces. 6. Paint repairs. (owner will supply paint) Forty-five (45) Replace bath fans with Utilitech 2-Sone 70-CFM White Bathroom Fan ENERGY 3.4.3.1.01 Bath Exhaust Fans All residential STAR units PARKVIEW HOMES BID PRICE (include in grand total bid price) Rose Terrace Homes Scope of Work per Line Item LINE ITEM WORK ITEM SCOPE OF WORK QUANTITY BID PRICE One (1) Accessibility 3.8.07 Stripe one ADA van parking spaces. See stripping specifications HAMC to identify Upgrades location 1) Clean and prepare roofing repair area of all debris in specified area. 2) Prep roof deck for the lnstallation of new asphalt emulsion. 3) Furnish and install asphalt emulsion for entire specified area. 4) Embed reinforcing fabric in emulsion system while still wet. Allow cure time. Forty (40) Roof 3.3.4 5) lnstall base coat of acrylic efastomeric roof.coating in one Units: 100-120 and Replacement application over emulsion area. 600-620 6) Install top coat of acrylic elastomeric roof coating in one application over base coat. 7) Remove all scope related debris, and clean grounds in work area. Requesting 10 year warranty on roof materials. ADA Replace the existing tub in ADA unit with Handicap ADA Roll In & Barrier One (1) 3.7.2.29.02 Tub/Shower Free Shower Unit #105 ROSE TERRACE BID PRICE (include in grand total bid price) Varney Homes Scope of Work per Line Item LINE ITEM WORK ITEM SCOPE OF WORK QUANTITY BID PRICE Remove security screens. Do not dispose of security screens. Store them for reinstallation after window replacement. Replace all existing Single pane windows with Energy Star Double Pane Windows. 1. Vinyl low e, argon gas filled dual pane with a u-factor of 0.30 and solar heat gain coefficient (shgc) rating of 0.25 or less and visible transmission rating of 0.57 minimum. Windows will have a noise rating of 45 decibles minimum. Window Forty-eight (48) 3.3.2.4.02 2. Bath windows will be obscure glass. Replacement All windows 3. All new windows will have screens. 4. All windows will have a foam sealant between the window frames and the building framing. 5. Repair any damage to interior/exterior surfaces. Repairs will match existing surfaces. 6. Paint repairs. (owner will supply paint) Contractor shall remove all existing building and porch roofing materials; 1. Install new 15 lb asphalt felt paper; 2. Install new thirty (30) year architectural asphalt roof shingles (HAMC to choose shingle color); 3. Remove and replace all pipe penetration flashing with new galvanized metal flashing, seal and paint to match new roofing color including vent piping; 4. Install new 2.5” X 3” galvanized drip edge; 5. Install new valley flashing; Roof Twelve (12) 3.3.4 6. Roofing shall be installed using the proper sized galvanized roofing Replacement All residential units nails; 7. Roof decking shall be replaced as needed; 8. Paint the underside of any new roof decking that was installed over the soffit (HAMC will supply paint). Must coordinate with Harmon Electric to remove and restore roof solar panel equipment. Requesting 10 year warranty on roof materials. Contractor responsible for removing and returning HVAC equipment. Bath Exhaust Replace bath fans with Utilitech 2-Sone 70-CFM White Bathroom Fan ENERGY Twelve (12) 3.4.3.1.01 Fans STAR All residential units VARNEY HOMES BID PRICE (include in grand total bid price) Villa Monte Rosa Homes Scope of Work per Line Item LINE ITEM WORK ITEM SCOPE OF WORK QUANTITY BID PRICE Replace bath fans with Utilitech 2-Sone 70-CFM White Bathroom Twenty-two (22) 3.4.3.1.01 Bath Exhaust Fans Fan ENERGY STAR All residential units VILLA MONTE ROSA HOMES BID PRICE (include in grand total bid price) GRAND TOTAL BID PRICE Property Bid Price Baden Casa Bonitas Flora Statler John Hammond John Hollar Paradise Parkview Rose Terrace Varney Villa Monte Rosa Grand Total STRIPPING SPECIFICATIONS 1. PREPARATION OF MATERIALS Sweep and blow clean each area to prepare for asphalt resurfacing using a broom/vacuum self-propelled sweeper. All excess material shall be removed before any re-surfacing begins, i.e. rocks, dirt, litter, other miscellaneous debris. Patch potholes and deep depressions with asphalt concrete hot mix (M.A.G.E 3/8", 5-1/2% oil content). Clean cracks with compressed air (100 lbs. PSI). Apply hot asphalt crack sealer (with a softening point of minimum 190 °) to all cracks of 1/4" width or greater. Asphalt Emulsion Asphalt Emulsion for Polymer Modified Acrylic CQS-LM (MAR 2001) sealcoating shall meet the requirements of Table #1 below: 2. APPLICATION OF MATERIALS The application of the sealer shall be made by an approved type pressure distributor. It shall be uniformly applied on the existing surface at a temperature above 100 ° F (120 – 160 ° F recommended). Type II slurry should use eighteen (18) pounds of aggregate per square yard and 16% emulsion.. Anionic slurry is not to be used. TABLE #1: CQS-LM Polymer Modified Acrylic Asphalt Emulsion – concentrate Test on Emulsion Method Min Max Viscosity, Saybolt Furol at77° F, sec ASTM D244.22 20 100 Settlement, 24 our day % maximum 1.0 Particle Charge ASTM D244 Positive Sieve, % maximum ASTM D244.38 -- 0.1 (AASHTO T-59) Residue by Distillation, % minimum ASTM D244.14 60 -- (AASHTO T-59) 3. APPLICATION OF MATERIALS The application of the sealer shall be made by an approved type pressure distributor. It shall be uniformly applied on the existing surface at a temperature above 100 ° F (120 – 160 ° F recommended). Type II slurry should use eighteen (18) pounds of aggregate per square yard and 16% emulsion. The Asphalt Emulsion expected rate of application must meet the requirements of Table #1. Anionic slurry is not to be used. PAINT STRIPING SPECIFICATIONS Cleaning and preparing the pavement or cement surface, furnishing all materials and applying yellow, water-borne, fast-dry traffic paint at the designated parking locations 1. JOB SITE a. Stripe Width All striping shall be minimum width of four (4) inches centered around the minimum parking stall width b. Parking Stalls All stalls should be a minimum of 9'0" wide o.c. by 16' in length (where double row parking exists, bumper to bumper, spaces must be 16 - 18' in length). These details will be further redacted or adapted per job site and nature of the space. c. ADA Spaces Spaces must comply with current Federal Department of Justice ADA guidelines for accessible parking spaces and ADOT/ADA It will also be the striping company’s responsibility to apply a pigmented water-borne paint containing all the necessary co-solvents, dispersant, wetting agents, preservatives and all other additives, so that the paint shall retain its viscosity, stability and all of the properties as specified herein. Use of halogenated solvents is not permitted. d. Quantitative Requirements of Mixed Paints Yellow Pigment, % by wt. 46.0 - 48.0 Fade Resistant Non-volatile Content: Percent by weight, ASTM D2369, Allowable variation from Qualifying sample 55% + 3.0% Viscosity: Kreb Units at 70 ° F. + 1 degree F., ASTM D562 70 - 90KU Weight per Gallon: 13.1 lbs. + .1lbs. Yellow Vehicle Infrared Spectra, ASTM D2621 allowable variation from qualifying sample none Vehicle Type: Waterborne Type of Cure: Solids: (Volume) 54% + 2% (Weight per gallon, lbs.) 71% + 2% Bead Adhesion ASTM D969 300 liters Abrasion Resistance (falling sand) ASTM D969 150 liters Bleed Resistance ASTM 969, D868 8 minimum Bleed Ratio 0.97 min. Fineness of Dispersion: HEGMAN, minimum, ASTM D1210 3.0 Volatile Organic Compounds: Lbs. per gallon of paint, maximum, ASTM D3960 excluding water ca 150 gms/ltr, 1.25 lbs./gal same Dry time to No Pick Up: minutes, maximum ASTM D711 @ 50% RH 60 - 75 Flash Point ASTM D3278 120 ° Hiding 0.95 Scrub Resistance ASTM D2486 400 cycles e. Qualitative Requirements (1) Color of Yellow Paint: The color of the yellow paint shall match Federal Standard 595, Color No. 33538. Yellowness Index = Amber - Blue x 100 Green +/-6 CIELAB Yellowness Index for the white paint shall be a maximum of 10. Density (lbs/gal) 12.4 - 12.8 12.4 - 12.8 REQUEST FOR PROPOSALS (RFP) NO. 2018-12-002 Casa Bonitas Site Rehab EXHIBIT B FORM OF PROPOSAL-RFP 2018-08-002 Instructions: The items listed below must be completed and included in the proposal unless otherwise specifically noted. Please complete this form by marking X, where provided, to indicate that the referenced information has been included. Also, complete the Section 3 Statement and the Proposer's Statement as noted below: X=ITEM INCLUDED SUBMITTAL ITEMS ________ Tab 1 Form of Proposal ________ Tab 2 Form–5369-C ________ Tab 3 Profile of Firm Form ________ Tab 4 Proposed Services ________ Tab 5 Managerial Capacity/Financial Viability ________ Tab 6 Equal Employment Opportunity Statement; Info satisfying 3e ________ Tab 7 Subcontractor/Joint Venture Information (optional ________ Tab 8 Section 3 Business Preference Documentation (optional) ________ Tab 9 Form-50071 Certification of Payments to Influence Federal Transactions ________ Tab 10 Proposed Fees (MRP Scattered Site Rehab Bid Sheet) ________ Tab 11 Other Information (optional) SECTION 3 STATEMENT Are you claiming a Section 3 business preference? YES___ or NO____. If YES, pursuant to the Section 3 portion within the Conditions and Specifications, and pursuant to the documentation justifying such submitted under Tab No. 8, which priority are you claiming? ____________. PROPOSER’S STATEMENT The undersigned proposer hereby states that by completing and submitting this Form and all other documents within this submittal, he/she is verifying that all information provided herein is, to the best of his/her knowledge, true and accurate, and that if the HAMC discovers that any information entered herein is false, that shall entitle the HAMC to not consider or make award or to cancel any award with the undersigned party. Further, by completing and submitting the proposal submittal, and by entering and submitting the costs where provided within the undersigned proposer is thereby agreeing to abide by all terms and conditions pertaining to this RFP as issued by the HAMC. Pursuant to all RFP Documents, the Form of proposal, and all attachments pursuant to all completed Documents submitted, including these forms and all attachments, the undersigned proposes to supply the HAMC with the services described herein for the fees entered within the areas provided pertaining to this RFP. ________________________________ __________________ Signature Date ________________________________ ___________________________________ Print Name Company HOUSING AUTHORITY OF MARICOPA COUNTY (HAMC) Page 28 REQUEST FOR PROPOSALS (RFP) NO. 2018-12-002 Casa Bonitas Site Rehab EXHIBIT C HOUSING AUTHORITY OF MARICOPA COUNTY (HAMC) Page 29 REQUEST FOR PROPOSALS (RFP) NO. 2018-12-002 Casa Bonitas Site Rehab HOUSING AUTHORITY OF MARICOPA COUNTY (HAMC) Page 30 REQUEST FOR PROPOSALS (RFP) NO. 2018-12-002 Casa Bonitas Site Rehab HOUSING AUTHORITY OF MARICOPA COUNTY (HAMC) Page 31 REQUEST FOR PROPOSALS (RFP) NO. 2018-12-002 Casa Bonitas Site Rehab HOUSING AUTHORITY OF MARICOPA COUNTY (HAMC) Page 32 REQUEST FOR PROPOSALS (RFP) NO. 2018-12-002 Casa Bonitas Site Rehab HOUSING AUTHORITY OF MARICOPA COUNTY (HAMC) Page 33 REQUEST FOR PROPOSALS (RFP) NO. 2018-12-002 Casa Bonitas Site Rehab HOUSING AUTHORITY OF MARICOPA COUNTY (HAMC) Page 34 REQUEST FOR PROPOSALS (RFP) NO. 2018-12-002 Casa Bonitas Site Rehab HOUSING AUTHORITY OF MARICOPA COUNTY (HAMC) Page 35 REQUEST FOR PROPOSALS (RFP) NO. 2018-12-002 Casa Bonitas Site Rehab HOUSING AUTHORITY OF MARICOPA COUNTY (HAMC) Page 36 REQUEST FOR PROPOSALS (RFP) NO. 2018-12-002 Casa Bonitas Site Rehab HOUSING AUTHORITY OF MARICOPA COUNTY (HAMC) Page 37 REQUEST FOR PROPOSALS (RFP) NO. 2018-12-002 Casa Bonitas Site Rehab HOUSING AUTHORITY OF MARICOPA COUNTY (HAMC) Page 38 REQUEST FOR PROPOSALS (RFP) NO. 2018-12-002 Casa Bonitas Site Rehab HOUSING AUTHORITY OF MARICOPA COUNTY (HAMC) Page 39 REQUEST FOR PROPOSALS (RFP) NO. 2018-12-002 Casa Bonitas Site Rehab HOUSING AUTHORITY OF MARICOPA COUNTY (HAMC) Page 40 REQUEST FOR PROPOSALS (RFP) NO. 2018-12-002 Casa Bonitas Site Rehab HOUSING AUTHORITY OF MARICOPA COUNTY (HAMC) Page 41 REQUEST FOR PROPOSALS (RFP) NO. 2018-12-002 Casa Bonitas Site Rehab HOUSING AUTHORITY OF MARICOPA COUNTY (HAMC) Page 42 REQUEST FOR PROPOSALS (RFP) NO. 2018-12-002 Casa Bonitas Site Rehab HOUSING AUTHORITY OF MARICOPA COUNTY (HAMC) Page 43 REQUEST FOR PROPOSALS (RFP) NO. 2018-12-002 Casa Bonitas Site Rehab HOUSING AUTHORITY OF MARICOPA COUNTY (HAMC) Page 44 REQUEST FOR PROPOSALS (RFP) NO. 2018-12-002 Casa Bonitas Site Rehab HOUSING AUTHORITY OF MARICOPA COUNTY (HAMC) Page 45 REQUEST FOR PROPOSALS (RFP) NO. 2018-12-002 Casa Bonitas Site Rehab HOUSING AUTHORITY OF MARICOPA COUNTY (HAMC) Page 46 REQUEST FOR PROPOSALS (RFP) NO. 2018-12-002 Casa Bonitas Site Rehab HOUSING AUTHORITY OF MARICOPA COUNTY (HAMC) Page 47 REQUEST FOR PROPOSALS (RFP) NO. 2018-12-002 Casa Bonitas Site Rehab PROFILE OF FIRM FORM (Attachment D) (1) Prime ____ Sub-contractor _____ (This form must be completed by and for each). (2) Name of Firm:_____________________________ Telephone:_____________ Fax: ____________ (3) Street Address, City, State, Zip:______________________________________________________ (4) Please attached a brief biography/resume of the company, including the following information: (a) Year Firm Established; (b) Year Firm Established in Arizona; (c) Former Name and Year Established (if applicable); (d) Name of Parent Company and Date Acquired (if applicable). (5) Identify Principals/Partners in Firm (submit under Tab No. 4 a brief professional resume for each): NAME TITLE % OF OWNERSHIP (6) Identify the individual(s) that will act as project manager and any other supervisory personnel that will work on project; please submit under Tab No. 5 a brief resume for each. (Do not duplicate any resumes required above): NAME TITLE (7) Proposer Diversity Statement: You must circle all of the following that apply to the ownership of this firm and enter where provided the correct percentage (%) of ownership of each: Caucasian Public-Held Government Non-Profit American (Male) Corporation Agency Organization ________% _________% _________% _________% Resident- (RBE), Minority- (MBE), or Woman-Owned (WBE) Business Enterprise (Qualifies by virtue of 51% or more ownership and active management by one or more of the following: Resident- African **Native Hispanic Asian/Pacific Hasidic Asian/Indian Owned* American American American American Jew American _______% _______% _______% _______% ________% ______% ________% Woman-Owned Woman-Owned Disabled Other (Specify): (MBE) (Caucasian) Veteran _______% _______% ______% _______% WMBE Certification Number:______________________________________________________________ Certified by (Agency):____________________________________________________________________ (NOTE: A CERTIFICATION/NUMBER NOT REQUIRED TO PROPOSE – ENTER IF AVAILABLE) _____________________ __________ ______________________ _________________________ Signature Date Printed Name Company HOUSING AUTHORITY OF MARICOPA COUNTY (HAMC) Page 48 REQUEST FOR PROPOSALS (RFP) NO. 2018-12-002 Casa Bonitas Site Rehab (8) Federal Tax ID No.:__________________________________________________________________ (9) Maricopa County/City-Town Business License No.:______________________________________ (10) State of Arizona License Type and No.:________________________________________________ (11)Worker’s Compensation Insurance Carrier: _____________________________________________ Policy No.:__________________________________ Expiration Date: _______________________ (12) General Liability Insurance Carrier: ___________________________________________________ Policy No. __________________________________ Expiration Date: _______________________ (13) Professional Liability Insurance Carrier: _______________________________________________ Policy No. __________________________________ Expiration Date: _______________________ (14) Debarred Statement: Has this firm, or any principal(s) ever been debarred from providing any services by the Federal Government, any state government, the State of _______, or any local government agency within or without the State of _________? Yes No If "Yes," please attach a full detailed explanation, including dates, circumstances and current status. (15) Disclosure Statement: Does this firm or any principals thereof have any current, past personal or professional relationship with any Commissioner or Officer of the HA? Yes No If "Yes," please attach a full detailed explanation, including dates, circumstances and current status. (16) Non-Collusive Affidavit: The undersigned party submitting this proposal hereby certifies that such proposal is genuine and not collusive and that said proposer entity has not colluded, conspired, connived or agreed, directly or indirectly, with any proposer or person, to put in a sham proposal or to refrain from proposing, and has not in any manner, directly or indirectly sought by agreement or collusion, or communication or conference, with any person, to fix the proposal price of affiant or of any other proposer, to fix overhead, profit or cost element of said proposal price, or that of any other proposer or to secure any advantage against the HA or any person interested in the proposed contract; and that all statements in said proposal are true. (17) Verification Statement: The undersigned proposer hereby states that by completing and submitting this form he/she is verifying that all information provided herein is, to the best of his/her knowledge, true and accurate, and agrees that if the HA discovers that any information entered herein is false, that shall entitle the HA to not consider nor make award or to cancel any award with the undersigned party. ______________________ __________ _______________________ ________________________ Signature Date Printed Name Company HOUSING AUTHORITY OF MARICOPA COUNTY (HAMC) Page 49 REQUEST FOR PROPOSALS (RFP) NO. 2018-12-002 Casa Bonitas Site Rehab EXHIBIT E ______________________________________________________________________________________________________ Definition of HUD Section 3 Residents and Business Concerns A section of the Housing and Urban Development Act of 1968 that obligates public housing authorities (PHAs) to afford residents access to jobs and contracting opportunities created by federal funding Section 3 Resident means (1) a Public Housing Resident; or (2) an individual who resides in Maricopa County in which the Section 3 covered assistance is expended, and who is: (i) A low- income person as defined in the 1937 Act of Section 3. The 1937 Act defines low and very low-income as follows: Low-income person or family as those whose incomes do not exceed 80 percent of the median income for the area with adjustments for smaller and larger families; Very low-income person or family whose incomes do not exceed 50 percent of the median family income for the area with adjustments for smaller and larger families; Fiscal Year 2018 Income Limits Maricopa County Persons Very-Low Income Low-Income (family size) (50% of median income) (80% of median) 1 $24,200 $38,750 2 $27,650 $44,250 3 $31,100 $49,800 4 $34,550 $55,300 5 $37,350 $59,750 6 $40,100 $64,150 7 $42,850 $68,600 8 $45,650 $73,000 Section 3 Business Concern is a company (1) that is 51 percent or more owned by low to very low-income residents of Maricopa County; or (2) a company whose permanent, full-time employees include persons, at least 30 percent of whom are currently low to very low-income residents of Maricopa County, or were low to very low-income residents within 3 years of the date of first employment with the company; or (3) that provides evidence that they will subcontract more than 25 percent of the awarded dollar amount to companies that meet the Section 3 qualifications. HOUSING AUTHORITY OF MARICOPA COUNTY (HAMC) Page 50 REQUEST FOR PROPOSALS (RFP) NO. 2018-12-002 Casa Bonitas Site Rehab CERTIFICATION FOR BUSINESS CONCERNS SEEKING SECTION 3 BUSINESS PREFERENCE IN CONTRACTING AND DEMONSTRATION OF CAPABILITY NAME OF BUSINESS: ADDRESS OF BUSINESS: TYPE OF BUSINESS: Corporation Partnership Sole Proprietorship Joint Venture Attached is the following documentation as evidence of status: For business claiming status as a Section 3 resident-owned Enterprise: Copy of resident lease Other evidence Copy of evidence of participation in a public assistance program For the business entity as applicable: Copy of Articles of Incorporation Certificate of Good Standing Assumed Business Name Certificate Partnership Agreement List of owners/stockholder and % of each Corporation Annual Report Latest Board minutes appointing officers Additional documentation Organization chart with names and titles and brief functional statement For business claiming Section 3 status by subcontracting 25% of the dollar awarded to qualified Section 3 business: List of subcontracted Section 3 business and subcontract amount For business claiming Section 3 status, claiming at least 30% of their workforce are currently Section 3 residents or were Section 3 eligible residents within 3 years of date of first employment with the business: List of all current full time employees List of all employees claiming Section 3 status PHA Residential lease (less than 3 years Other evidence of Section 3 status (less than3 years from date of employment) from date of employment) Evidence of ability to perform successfully under the terms and conditions of the proposed contract: Current financial statement List of owned equipment Statement of ability to comply List of all contracts for the past 2 years with public policy Corporate Seal Authorizing Name and Signature Notary My term expires: Title _____________________________________________________________________________________ Signature Date Printed Name HOUSING AUTHORITY OF MARICOPA COUNTY (HAMC) Page 51 REQUEST FOR PROPOSALS (RFP) NO. 2018-12-002 Casa Bonitas Site Rehab (Attachment E) SUGGESTED AFFIRMATIVE ACTION PLAN FOR UTILIZATION OF PROJECT AREA BUSINESSES Number Of All Contracts Proposed: Name Of Company: Dollar Value Of All Contracts Proposed: Project: To The Greatest Extent Feasible, Contracts Will Be Awarded Through Negotiation Or Bid To Qualified Project Area Businesses. Goal Of These Contracts For Project Area Businesses: PROPOSED TYPE OF CONTRACT APPROX. COST PROPOSED TYPE OF CONTRACT APPROX. COST Outline The Program To Achieve These Goals For Economically And Socially Disadvantaged: NOTE: To Complete The Affirmative Action Plan, Follow Steps Outlines In Attached Exhibit. (INSERT THIS DOCUMENT IN BID DOCUMENTS AND WITH BID) DATE: _____________________________________________________________________________________ Signature Date Printed Name HOUSING AUTHORITY OF MARICOPA COUNTY (HAMC) Page 52 REQUEST FOR PROPOSALS (RFP) NO. 2018-12-002 Casa Bonitas Site Rehab (Attachment E) SUGGESTED AFFIRMATIVE ACTION PLAN FOR UTILIZATION OF PROJECT AREA BUSINESSES (con'd) SUGGESTED SECTION 3 PRELIMINARY WORKFORCE STATEMENT UTILIZATION OF LOWER INCOME PROJECT AREA RESIDENTS AS REGULAR, PERMANENT EMPLOYEES, TRAINEES, APPRENTICES. COMPANY NAME: ADDRESS: PROJECT: PRESENT PERMANENT SECTION 3 TOTAL EMPLOYEES WORKFORCE PROJECTED (At Time of Contract PROJECTION WORKFORCE Signing) (Residents) INCREASE TRAINEES APPRENTICES JOURNEYPERSONS LABORERS SUPERVISORY SUPERINTENDENT PROFESSIONAL CLERICAL NOTE: RESIDENTS ARE THOSE LOWER INCOME PROJECT AREA RESIDENTS WHO HAVE BEEN QUALIFIED AS ELIGIBLE. _____________________________________________________________________________________ Signature Date Printed Name HOUSING AUTHORITY OF MARICOPA COUNTY (HAMC) Page 53 REQUEST FOR PROPOSALS (RFP) NO. 2018-12-002 Casa Bonitas Site Rehab SECTION 3 BUSINESS PREFERENCE CLAUSE (Attachment E) This contract is subject to the following conditions under Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (Section 3). A. The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD- assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low and very low-income persons, particularly persons who are recipients of HUD assistance for housing. B. The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor or organization or workers' representative of the contractor's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. E. The contractor will certify that any vacant employment positions, including training positions that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR Part 135. F. Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. G. With respect to work performed in connection with Section 3 covered Indian housing assistance, Section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprise. Parties to this contract that are subject to the provisions of Section 3 and Section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with Section 7(b). HOUSING AUTHORITY OF MARICOPA COUNTY (HAMC) Page 54 REQUEST FOR PROPOSALS (RFP) NO. 2018-12-002 Casa Bonitas Site Rehab PREFERENCE FOR SECTION 3 BUSINESS CONCERNS IN CONTRACTING OPPORTUNITIES (Attachment E) The HA has established the following priority for preference when providing contracting opportunities to Section 3 Businesses: Priority I Category 1a Business Business concerns that are 51 percent or more owned by residents of the housing development or developments for which the Section 3-covered assistance is expended. Priority II Category 1b Business Business concerns whose workforce includes 30 percent of residents of the housing development for which the Section 3-covered assistance is expended, or within three (3) years of the date of first employment with the business concern, were residents of the Section 3-covered housing development. Priority III Category 2a Business Business concerns that are 51 percent or more owned by residents of any other housing development or developments. Priority IV Category 2b Business Business concerns whose workforce includes 30 percent of residents of any other public housing development or developments, or within three (3) years of the date of first employment with the business concern, were “Section 3” residents of any other public housing development. Priority V Category 3 Business Business concerns participating in HUD Youth-build programs being carried out in the metropolitan area in which the Section 3-covered assistance is expended. Priority VI Category 4a Business Business concerns that are 51 percent or more owned by Section 3 residents in the metropolitan area, or whose permanent, full-time workforce includes no less than 30 percent of Section 3 residents in the metropolitan area, or within three (3) years of the date of employment with the business concern, were Section 3 residents in the metropolitan area. Priority VII Category 4b Business Business concerns that subcontract in excess of 25 percent of the total amount of subcontracts to Section 3 business concerns. Eligibility for Preference A business concern seeking to qualify for a Section 3 contracting preference shall certify or submit evidence that the business concern is a Section business concern. HOUSING AUTHORITY OF MARICOPA COUNTY (HAMC) Page 55 REQUEST FOR PROPOSALS (RFP) NO. 2018-12-002 Casa Bonitas Site Rehab (Attachment E) HUD directs within 24 CFR 135 that the HA may make award to qualified Section 3 business concern with the highest priority ranking and with the lowest responsive bid if that bid is: (a) within the maximum total contract price established by the HA; or (b) not more than “X” higher than the total bid price of the lowest responsive bid from any responsible bidder. “X” is determined as follows: “X” = LESSOR OF: When the lowest responsive bid is less than $100,000 10% of that bid, or $9,000.00 When the lowest responsive bid is at least: $100,000.00, but less than $200,000.00 9% of that bid, or $16,000.00 $200,000.00, but less than $300,000.00 8% of that bid, or $21,000.00 $300,000.00, but less than $400,000.00 7% of that bid, or $24,000.00 $400,000.00, but less than $500,000.00 6% of that bid, or $25,000.00 $500,000.00, but less than $1,000,000.00 5% of that bid, or $40,000.00 $1,000,000.00, but less than $2,000,000.00 4% of that bid, or $60,000.00 $2,000,000.00, but less than $4,000,000.00 3% of that bid, or $80,000.00 $4,000,000.00, but less than $7,000,000.00 2% of that bid, or $105,000.00 $7,000,000.00, or more 1.5% of the lowest responsive and responsible bid with no dollar limit HOUSING AUTHORITY OF MARICOPA COUNTY (HAMC) Page 56 REQUEST FOR PROPOSALS (RFP) NO. 2018-12-002 Casa Bonitas Site Rehab EXHIBIT F HAMC CONTRACT #S00000 BETWEEN THE HOUSING AUTHORITY OF MARICOPA COUNTY AND CONTRACTOR INTRODUCTION This contract by and between the Housing Authority of Maricopa County (hereinafter “HA”), and CONTRACTOR (hereinafter “Contractor” is hereby entered into this Xst day of XXXX, 2019. Services pursuant to this contract shall begin on the Xst day of XXXX, 2019, and shall end on the Xth day of XXXX, 2019 unless otherwise extended, modified, terminated or renewed by the parties as provided for within this contract. Unless otherwise detailed herein, all references to “days” shall be calendar days (in the case that the last day referenced falls on a Saturday, Sunday or legal holiday, then the period of time shall be automatically extended to include the next work day). Also, whenever the term "herein" is referred to, such refers to this contract form and all listed attachments. 1.0 Definitions: 1.1 Housing Authority (HA): Any reference herein or within any Appendix to the “Housing Authority” shall be interpreted to mean the same as the HA. 1.2 Procurement Manager (PM): The HA Procurement Manager, acting on behalf of the HA. 1.3 Request For Proposals (RFP): A competitive solicitation process conducted by the HA wherein award was completed to the top-rated responsive and responsible proposer. 2.0 Exculpatory Language: The Contractor and their representatives acknowledge that this Contract imposes no contractual obligations upon Maricopa County; and that in the event of a default under this Contract of any kind whatsoever, the Contractor shall look solely to the HAMC for remedy or relief, and that neither Maricopa County nor any Supervisor, elected official, officer, agent or employee of Maricopa County shall be liable in any way. 3.0 Services and Payment: 3.1 Scope of Services: The services provided pursuant to this contract generally consist of those services for the HA as described herein and within the Appendices. Said services shall be provided on the dates and times determined by the HA at the designated HA community and facilities. In addition, the HA shall retain the right to implement and/or enforce any item issued as a part of RFP No SXXXXX, Services. 3.2 Provisions of any and all Work (Task Orders): The Contractor shall not begin any additional work (other than that already detailed herein) without the receipt of a completed Contract Task Order Form (CTOF) from the authorized HA representative. The CTOF Form shall be used by the HA staff to order additional services from the Contractor on an “as needed” basis HOUSING AUTHORITY OF MARICOPA COUNTY (HAMC) Page 57 REQUEST FOR PROPOSALS (RFP) NO. 2018-12-002 Casa Bonitas Site Rehab as on Attachment F-4 issued as part of the RFP and included as part of this contract. This shall be completed as follows: 3.2.1 The HAMC shall complete all information within the upper portion of this Form (where stated "To be completed by the HAMC") and deliver the Form to the contractor (typically by fax); 3.2.2 Within 5 days of receipt of the CTOF the contractor shall complete all information within the middle "Contractor's Acknowledgment" portion and return the completed Form to the HAMC staff person that delivered the Form to the contractor; 3.2.3 Once the assigned work is completed the HAMC representative shall complete the bottom "Performance Evaluation" portion of the Form and deliver the entire completed Form to the HAMC Contracts & Purchasing Office. 3.3 Cost/Value of Services: 3.3.1 Firm Fixed Price Contract: This Contract is entered into on a firm fixed-price basis and is not subject to adjustment based on costs incurred by the contractor or contractor’s cost experience in performing the contract. The parties have determined that performance of this Contract will not cost the HAMC more than the cost submitted in the contractor’s proposal and incorporated in this Contract (Section 3.3.3.). The contractor agrees to use its best efforts to perform the work specified in the Contract and all obligations under this Contract within that submitted cost. No notice, communication, or representation in any form other than the described above or from any person other than the Contracting Officer shall affect the cost of this Contract. Change orders shall not be considered an authorization to exceed the cost to HAMC as specified herein unless they contain a statement amending the cost. If this Contract is terminated, the HAMC and the contractor shall negotiate an equitable distribution of all property or services produced or purchased under this Contract, based on the share of costs incurred by each. 3.3.2 Labor Costs: The cost of the services provided pursuant to this Contract is in accordance with the rates as set forth in the Contractors proposal, incorporated herein as Attachment F-4. The contract sum is based on HAMC’s acceptance of the Contractor’s bid amount. This amount may be amended by the HAMC if the HAMC determines it is in the best interest to do so. 3.3.3 Contract Value: The total Not to Exceed value of this contract is agreed upon by the parties as follows: $00,000.00 annually The contract sum is based on HAMC’s acceptance of the Contractor’s bid amount. This amount may be amended by the HAMC if the HAMC determines it is in the best interest to do so. HOUSING AUTHORITY OF MARICOPA COUNTY (HAMC) Page 58 REQUEST FOR PROPOSALS (RFP) NO. 2018-12-002 Casa Bonitas Site Rehab 3.3.3.1 Applicability of the Task Order Basis to a Requirements Contract: 3.3.3.2 This contract shall be considered to be a Requirements Contract (RC) with work ordered on a task order basis; meaning, the HAMC does not at this time know the total of all work it will award to the contractor pursuant to this contract, but the HAMC will order additional work on an as-needed basis. 3.3.3.3 The HAMC reserves the right to order any quantity of work pursuant to this contract, which means that there shall be no minimum or maximum amount of work that may be ordered, either on an individual order basis or in total. 3.3.3.4 The maximum amount of work ordered shall be determined by: 3.3.3.4.1 the HAMC’s needs in the area(s) that the contract applies to; and/or 3.3.3.4.2 the funds available for these services on a Board- approved HAMC budget and as listed within this contract; and 3.3.3.4.3 in no case shall the total of work ordered pursuant to this contract exceed either of the amounts referred to within the preceding 3.3.3. 3.4 Renewal Options: This contract is initially executed for services pertaining to the first year only. The HA shall retain the right to renew this contract, at the HA’s option, for (2) two one year periods. 3.5 Time Performance: The Contractor will complete each assigned task as detailed within the executed HA Task Order. 4.0 HA’s Obligations: Pursuant to this contract, the HA agrees to provide the specific services detailed herein and also shall be responsible for the following: 4.1 HA will notify the Contractor of duties needed as per RFP #S 01769 5.0 Contractor’s Obligations: Pursuant to this contract, the Contractor agrees to provide the specific services detailed herein and also shall be responsible for the following: 5.1 Supervision and Oversight: The Contractor shall be solely responsible for providing supervision and oversight to all of the Contractor’s personnel that are assigned to the HA properties pursuant to this contract. 5.2 Qualified Personnel: The Contractor warrants and represents that it will assign only qualified personnel to perform the services outlined herein and within the appendices. For the purposes of this contract, the term “qualified personnel” shall mean those personnel that have been investigated, tested and trained in the manner described within this HOUSING AUTHORITY OF MARICOPA COUNTY (HAMC) Page 59 REQUEST FOR PROPOSALS (RFP) NO. 2018-12-002 Casa Bonitas Site Rehab contract and, as proposed by the Contractor within its proposal or as provided by the Contractor during the Contractor’s normal conduct of business. 5.2.1 The Contractor warrants that it is in compliance with A.R.S. § 41-4401 and further acknowledges: 5.2.1.1. That the Contractor and its Subcontractors, if any, warrant their compliance with all Federal immigration laws and regulations that relate to their employees and their compliance with A.R.S. § 23-214, Subsection A; 5.2.1.2. That a breach of a warranty under subsection 5.2.1.1 above, shall be deemed a material breach of the contract that is subject to penalties up to and including termination of the contract; 5.2.1.3. That HAMC retains the legal right to inspect the papers of any Contractor or Subcontractor employee who works on the contract to ensure that the Contractor or Subcontractor is complying with the warranty provided under Subsection 5.2.1.1 above and that the Contractor agrees to make all papers and employment records of said employee(s) available during normal working hours in order to facilitate such an inspection; 5.2.1.4. That nothing herein shall make any Contractor or Subcontractor an agent or employee of the HAMC. 5.3 Compliance with Federal and State Laws: All work performed by the Contractor, pursuant to this contract, shall be done in accordance with all applicable Federal, State and local laws, regulations, codes and ordinances. 5.4 Insurance Requirements: 5.4.1 The complete indemnity requirements are detailed within Section 12.17 herein. 5.4.2 In this regard, the Contractor shall maintain the following insurance coverage during the effective term(s) of this contract: 5.4.2.1 Policy of General Liability Insurance, $1,000,000 per occurrence, $2,000,000 aggregate together with damage to premises and fire damage of $50,000 and medical expenses for any one person of $5,000 with a deductible not greater than $1,000. The HA shall be named upon the certificate issued as an "additional insured," together with providing a copy of the corresponding endorsement evidencing the same. 5.4.2.2 Policy of Professional Liability Insurance or Errors & Omissions coverage, minimum of $1,000,000 each occurrence, general aggregate minimum limit of $2,000,000 with a deductible of not greater than $5,000; 5.4.2.3 Automobile Liability coverage in a combined single limit of $1,000,000. For every vehicle utilized during the term of this contract, when not owned by the entity, each vehicle must have HOUSING AUTHORITY OF MARICOPA COUNTY (HAMC) Page 60 REQUEST FOR PROPOSALS (RFP) NO. 2018-12-002 Casa Bonitas Site Rehab evidence of automobile insurance coverage with limits of no less than $50,000/$100,000 and medical pay of $5,000 with a deductible not greater than $5,000. 5.4.2.4 Worker’s compensation coverage evidencing carrier and coverage amount. 5.4.2.5 The Contractor shall provide to the PM current certificate(s)/endorsement(s) evidencing the insurance coverage referenced above. Failure to maintain the above-reference insurance coverage, including naming the HA as an additional insured (where appropriate) during the term(s) of this contract shall constitute a material breach thereof. 5.4.2.6 Insurance certificate(s)/endorsement(s) shall be delivered to the following person representing the HA: Housing Authority of Maricopa County 8910 N. 78th Avenue Peoria, AZ 85345 Direct Line: 602-744-4500 Fax: 602-744-4550 5.5 Licensing: The Contractor shall also provide to the HA a copy of the required current City, State and/or Federal Licenses. Failure to maintain these licenses in a current status during the term(s) of this contract shall constitute a material breach thereof. 5.6 Financial Viability and Regulatory Compliance: 5.6.1 The Contractor warrants and represents that its corporate entity is in good standing with all applicable federal, state and local licensing authorities and that it possesses all requisite licenses to perform the services required by this contract. The Contractor further warrants and represents that it owes no outstanding delinquent federal, state or local taxes or business assessments. 5.6.2 The Contractor agrees to promptly disclose to the HA any IRS liens or insurance or licensure suspension or revocation that may adversely affect its capacity to perform the services outlined within this contract. The failure by the Contractor to disclose such issue to the HA in writing within 5 days of such notification received will constitute a material breach of this contract. 5.6.3 The Contractor further agrees to promptly disclose to the HA any change of more than 50% of its ownership and/or any declaration of bankruptcy that the Contractor may undergo during the term(s) of this contract. The failure of the Contractor to disclose any change of more than 50% of its ownership and/or its declaration of bankruptcy within 5 days of said actions shall constitute a material breach of this contract. 5.6.4 All disclosures made pursuant to this section of the contract shall be made in writing and submitted to HA within the time periods required herein. HOUSING AUTHORITY OF MARICOPA COUNTY (HAMC) Page 61 REQUEST FOR PROPOSALS (RFP) NO. 2018-12-002 Casa Bonitas Site Rehab 6.0 Modification: This contract shall not be modified, revised, amended or extended except by written addendum, executed by both parties. 7.0 Severability: The invalidity of any provision of this contract, as determined by a court of competent jurisdiction and/or HUD, shall in no way affect the validity of any other provision herein. 8.0 Applicable Laws: 8.1 Compliance with Federal and State Laws: All work performed by the Contractor, pursuant to this contract, shall be done in accordance with all applicable Federal, State and local laws, regulations, codes and ordinances. 8.2 Jurisdiction of Law: The laws of the State of Arizona shall govern the validity, construction and effect of this contract, unless said laws are superseded by, or in conflict with applicable federal laws and/or federal regulations. This contract will be binding upon the parties, their heirs, beneficiaries, and devisees of the parties hereto. The parties agree that Maricopa County, Arizona is the appropriate forum for any action relating to this contract. Should any party hereto retain counsel for the purpose of initiating litigation or arbitration to enforce, prevent the breach of any provision hereof, or for any other judicial remedy, then the prevailing party shall be entitled to be reimbursed by the losing party for all costs and expenses incurred thereby, including, but not limited to, reasonable attorneys fees and costs incurred by such prevailing party. This contract may be signed in counterparts. 9.0 Notices, Invoices and Reports: 9.1 All notices, reports and/or invoices submitted to the HA by the Contractor pursuant to this contract shall be in writing and delivered to the attention of the following person representing the HA: Housing Authority of Maricopa County 8910 N. 78th Avenue Peoria, AZ 85345 Direct Line: 602-744-4500 E-mail: g.munoz@maricopahousing.org or if appropriate, faxed to number: 602-744-4550 9.2 All notices submitted to the Contractor pursuant to this contract shall be in writing and mailed to the attention of: CONTRACTOR REP CONTRACTOR ADDRESS CITY, STATE, ZIP Office: 000.000.0000 Fax: 000.000.0000 10. Disputed Billings (Charges): HOUSING AUTHORITY OF MARICOPA COUNTY (HAMC) Page 62 REQUEST FOR PROPOSALS (RFP) NO. 2018-12-002 Casa Bonitas Site Rehab 10.1 Procedures: In addition to the procedures detailed within Clause No. 7 of Attachment No. F-2, Form HUD-5370-C (10/2006), General Conditions for Non-Construction Contracts, Section I—(With or without Maintenance Work), in the event that the HA disputes any portion of its billing(s), the HA shall pay the undisputed portion of such billing and initiate the dispute-resolving procedures, as follows: 10.1.1 The HA's representative shall, within 10 days after the HA’s receipt of such billing, formally notify the contractor’s representative of all particulars pertaining to the dispute, and request that he/she investigate and respond to this issue. 10.1.2 If such dispute cannot be resolved by the contractor’s response, within 10 days after such notification is given, the HA PM and the contractor’s representative shall meet to discuss the matter and attempt to arrive at a resolution. 10.1.3 If the HA PM and the contractor’s representative are unable to resolve the dispute through such discussion within 10 days, the HA shall, within 10 days thereafter, either: 10.1.3.1 pay the disputed charges and reserve the right to submit the matter to Arbitration if the disputed amount does not exceed $50,000.00; 10.1.3.2 not pay the disputed charges and submit the matter to Arbitration if the disputed amount does not exceed $50,000.00; 10.1.3.3 not pay the disputed charge and allow the Contractor to submit the matter to the Arbitration program if the disputed amount does not exceed $50,000.00. 10.1.4 The decision from arbitration will be binding upon both parties. If the decision is adverse to the HA, the HA shall pay upon the HA’s receipt of the decision. If the decision is in favor of the HA, the contractor will either: clear the amount which is ordered from the HA account; or repay to the HA the amount ordered; Either option shall be completed within 10 days after the contractor’s receipt of the arbitrator's decision. 11.0 24 CFR 85.36(i), Procurement: Pursuant to this CFR, as issued by the Office of the Secretary, HUD, the HA and the Contractor each agree to comply with the following provisions: 11.1 Remedies for Contractor Breach: Pertaining to contract-related issues, it is the responsibility of both the HA and the contractor to communicate with each in as clear and complete a manner as possible. If at any time during the term of this contract the HA or the contractor is not satisfied with any issue, it is the responsibility of that party to deliver to the other party communication, in writing, fully detailing the issue and corrective action (please note that the HA has the right to issue unilateral addendums to this contract, but the contractor does not have the same right). The other party shall, within 10 days, respond in writing to the other party (however, the HA shall retain the right to, if conditions warrant, require the contractor to respond in a shorter period of time). Further, the HA shall, at a minimum, employ the following steps in dealing with the contractor as to any performance issues: HOUSING AUTHORITY OF MARICOPA COUNTY (HAMC) Page 63 REQUEST FOR PROPOSALS (RFP) NO. 2018-12-002 Casa Bonitas Site Rehab 11.1.1 If the contractor is in material breach of the contract, the HA may promptly invoke the termination provision detailed within Clause No. 3 of Attachment No. F-2, Form HUD-5370-C (10/2006), General Conditions for Non-Construction Contracts, Section I—(With or without Maintenance Work), which is attached hereto, and terminate the contract for cause. Such termination must be delivered to the contractor in writing and shall fully detail all pertinent issues pertaining to the cause of and justification for the termination. 11.1.2 Prior to termination, the HA may choose to warn the contractor, verbally or in writing, of any issue of non-compliant or unsatisfactory performance. Such written warning may include placing the contractor on probation, thereby giving the contractor a certain period of time to correct the deficiencies or potentially suffer termination. The HA shall maintain in the contract file a written record of any such warning detailing all pertinent information. If the contractor does not agree with such action, the contractor shall have ten 10 days to dispute or protest, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with the HA’s position on the issue. The written protest must detail all pertinent information pertaining to the dispute, including justification detailing the HA’s alleged incorrect action(s). 11.1.3 After termination, if the contractor does not agree with the HA’s justification for the termination, the contractor shall have 10 days to dispute, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with the HA’s position on the issue. The written protest must detail all pertinent information pertaining to the dispute, including justification detailing the HA’s alleged incorrect action(s). 11.2 Termination For Cause and Convenience: Shall be as detailed within Clause No. 3 of Attachment F-2, Form HUD-5370-C (10/2006), General Conditions for Non-Construction Contracts, Section I—(Within or without Maintenance Work), attached hereto. 11.3 Executive Order 11246: For all construction contracts awarded in excess of $10,000, both parties hereby agree to comply with Executive Order 11246 of September 24, 1965, entitled “Equal Employment Opportunity,” as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor Regulations (41 CFR Chapter 60). 11.4 Copeland “Anti-Kickback” Act: For all construction or repair contracts awarded, both parties hereby agree to comply with the Copeland “Anti-Kickback” Act (18 U.S.C. 874) as supplemented in Department of Labor Regulations (29 CFR Part 3). 11.5 Davis-Bacon-Act: For all construction contracts awarded in excess of $2,000 when required by Federal Grant Program legislation, both parties hereby agree to comply with the Davis- Bacon Act (40 U.S.C. 276a to 276a-7) as supplemented in Department of Labor Regulations (29 CFR Part 5). 11.6 Sections 103 and 107 of the Contract Work Hours and Safety Standards Act: For all construction contracts awarded in excess of $2,000 and for other contracts, which involve the employment of mechanics or laborers awarded in excess of $2,500, both parties hereby agree to comply with the Sections 103 and 107 of the Contract Work Hours and Safety Act (40 U.S.C. 327-330) as supplemented in Department of Labor Regulations (29 CFR Part 5). HOUSING AUTHORITY OF MARICOPA COUNTY (HAMC) Page 64 REQUEST FOR PROPOSALS (RFP) NO. 2018-12-002 Casa Bonitas Site Rehab 11.7 Reporting: Both parties hereby agree to comply with any reporting requirements that may be detailed herein. 11.8 Patent Rights: Both parties hereby agree to comply with HUD Bulletin 90-23, which is the (a) Notice of Assistance Regarding Patent and Copyright Infringement. 11.9 Copy Rights/Rights in Data: In addition to the requirements contained within Clause No. 5 of Attachment F-2, General Conditions for Non-Construction Contracts, Section I—(With or without Maintenance Work), the HA has unlimited rights to any data, including computer software, developed by the contractor in the performance of the contract specifically: 11.9.1 Except as provided elsewhere in this clause, the HA shall have unlimited rights in data first produced in the performance of this contract; form, fit, and function data delivered under this contract; data delivered under this contract (except for restricted computer software) that constitute manuals or instructional and training material for installation, operation, or routine maintenance and repair of items, components, or processes delivered or furnished for use under this contract; and all other data delivered under this contract unless provided otherwise for limited rights data or restricted computer software. 11.9.2 The contractor shall have the right to: use, release to others, reproduce, distribute, or publish any data first produced or specifically used by the contractor in the performance of this contract, unless provided otherwise in this clause; protect from unauthorized disclosure and use those data which are limited rights data or restricted computer software to the extent provided in this clause; substantiate use of, add or correct limited rights, restricted rights, or copyright notices and to take other appropriate action in accordance with this clause; and establish claim to copyright subsisting in data first produced in the performance of this contract to the extent provided below. 11.9.3 For data first produced in the performance of this contract, the contractor may establish, without prior approval of the PM, claim to copyright subsisting in scientific or technical articles based on or containing data first produced in the performance of this contract. The contractor grants the HA and others acting on its behalf a paid-up, non-exclusive, irrevocable, worldwide license in such copyrighted data to reproduce, prepare derivative works, distribute copies to the public, and perform or display publicly by or on behalf of the HA. 11.9.4 The contractor shall not, without the prior written permission of the contracting Officer, incorporate in data delivered under this contract any data not first produced in the performance of this contract and which contains copyright notice, unless the contractor identifies such data and grants the HA a license of the same scope as identified in the preceding paragraph. 11.9.5 The HA agrees not to remove any copyright notices placed on data and to include such notices in all reproductions of the data. If any data delivered under this contract are improperly marked, the HA may either return the data to the contractor, or cancel or ignore the markings. 11.9.6 The contractor is responsible for obtaining from its subcontractors all data and rights necessary to fulfill the contractor's obligations under this contract. HOUSING AUTHORITY OF MARICOPA COUNTY (HAMC) Page 65 REQUEST FOR PROPOSALS (RFP) NO. 2018-12-002 Casa Bonitas Site Rehab 11.9.7 Notwithstanding any provisions to the contrary contained in the contractor's standard commercial license or lease contract pertaining to any restricted computer software delivered under this contract, and irrespective of whether any such contract has been proposed prior to the award of this contract or of the fact that such contract may be affixed to or accompany the restricted computer software upon delivery, the contractor agrees the HA shall have the rights set forth below to use, duplicate, or disclose any restricted computer software delivered under this contract. The terms and conditions of this contract, including any commercial lease or licensing contract, shall be subject to the following procedures. 11.9.8 The restricted computer software delivered under this contract may not be used, reproduced, or disclosed by the HA except as provided below or as expressly stated otherwise in this contract. The restricted computer software may be: used or copied for use in or with the computer(s) for which it was acquired, including use at any HA location to which such computer(s) may be transferred; used or copied for use in or with backup computer if any computer for which it was acquired is inoperative; reproduced for safekeeping (archives) or backup purposes; modified, adapted, or combined with other computer software, provided that the modified, combined, or adapted portions of the derivative software incorporating any of the delivered, restricted computer software shall be subject to the same restrictions set forth in this contract; and used or copies for use in or transferred to a replacement computer. 11.10 Clean Air Act: For all contracts in excess of $100,000, both parties hereby agree to comply with all applicable standards, orders or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR Part 15). 11.11 Energy Policy and Conservation Act: Both parties hereby agree to comply with all mandatory standards and policies relating to energy efficiency, which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871). 12.0 Additional Considerations: 12.1 Non-Escalation: Unless otherwise specified within the RFP documents, the unit prices reflected on the contract shall remain firm with no provision for price increases during the term of the contract. 12.2 Funding Restrictions and Order Quantities: The HA reserves the right to reduce or increase estimated or actual quantities in whatever amount necessary without prejudice or liability to the HA, if: 12.2.1 funding is not available; 12.2.2 legal restrictions are placed upon the expenditure of monies for this category of service or supplies; or, 12.2.3 the HA’s requirements in good faith change after award of the contract. 12.3 Unless otherwise stated in the RFP documents, all local, State or Federal permits which may be required to provide the services ensuing from award of this RFP, whether or not they are HOUSING AUTHORITY OF MARICOPA COUNTY (HAMC) Page 66 REQUEST FOR PROPOSALS (RFP) NO. 2018-12-002 Casa Bonitas Site Rehab known to either the HA or the proposers at the time of the proposal submittal deadline or the award, shall be the sole responsibility of the Contractor and any costs that were submitted by the Contractor in response to the RFP shall reflect all costs required by the Contractor to procure and provide such necessary permits. 12.4 Government Standards: It is the responsibility of the proposer to ensure that all items and services proposed conform to all local, State and Federal law concerning safety (OSHA and NOSHA) and environmental control and any other enacted ordinance, code, law or regulation. The Contractor shall be responsible for all costs incurred for compliance with any such possible ordinance, code, law or regulation. No time extensions shall be granted or financial consideration given to the Contractor for time or monies lost due to violations of any such ordinance, code, law or regulations that may occur. 12.5 Freight on Bill and Delivery: All costs submitted by the proposer shall reflect the cost of delivering the proposed items and/or services to the locations(s) specified within the RFP documents or within the contract. 12.5.1 The Contractor agrees to deliver to the designated location(s) on or before the date as specified in the finalized contract. Failure to deliver on or before the specified date constitutes an event of default by the Contractor. Upon default, the Contractor agrees that the HA may, at its option, rescind the finalized contract under the default clause herein and seek compensatory damages as provided by law. 12.6 Backorders: 12.6.1 The HA PM must be notified in writing by the contractor within 10 days of any and all backordered materials and/or any incomplete services; and the estimated delivery date. 12.6.2 Unless otherwise stipulated in the contract, any order that will take more than a maximum of 10 days past the original agreed upon delivery date, may at the option of the HA, be canceled and ordered from another source, if, in the opinion of the HA PM, it is in the best interests of the HA to do so. 12.7 Work on HA Property: If the Contractor’s work under the contract involves operations by the Contractor on HA premises, the Contractor shall take all necessary precautions to prevent the occurrence of any injury to persons or property during the progress of such work and, except to the extent that any such injury is caused solely and directly by the HA’s negligence, shall indemnify the HA, and their officers, agents, servants and employees against all loss which may result in any way from any act or omission of the Contractor, its agents, employees, or subcontractors. 12.8 Official, Agent and Employees of the HA Not Personally Liable: It is agreed by and between the parties hereto that in no event shall any official, officer, employee, or agent of the HA in any way be personally liable or responsible for any covenant or agreement herein contained whether expressed or implied, nor for any statement, representation or warranty made herein or in any connection with this agreement. 12.9 Subcontractors: Unless otherwise stated within the RFP documents, the Contractor may not use any subcontractors to accomplish any portion of the services described within the RFP documents or the contract without the prior written permission of the HA PM. HOUSING AUTHORITY OF MARICOPA COUNTY (HAMC) Page 67 REQUEST FOR PROPOSALS (RFP) NO. 2018-12-002 Casa Bonitas Site Rehab 12.10 Salaries and Expenses Relating to the Contractors Employees: Unless otherwise stated within the RFP documents, the Contractor shall pay all salaries and expenses of, and all Federal, Social Security taxes, Federal and State Unemployment taxes, and any similar taxes relating to its employees used in the performance of the contract. The Contractor further agrees to comply with all Federal, State and local wage and hour laws and all licensing laws applicable to its employees or other personnel furnished under this agreement. 12.11 Attorney’s Fees: In the event that litigation is commenced by one party hereto against the other in connection with the enforcement of any provision of this agreement, the prevailing party shall be paid by the losing party all court costs and other expenses of such litigation, including reasonable attorneys’ fees. The amount so allowed as attorneys’ fees shall be taxed to the losing party as costs of the suit, unless prohibited by law. 12.12 Independent Contractor: Unless otherwise stated within the RFP documents or the contract, the Contractor is an independent contractor. Nothing herein shall create any association, agency, partnership or joint venture between the parties hereto and neither shall have any authority to bind the other in any way. 12.13 Severability: If any provision of this agreement or any portion or provision hereof applicable to any particular situation or circumstance is held valid, the remainder of this agreement or the remainder of such provision (as the case may be), and the application thereof to other situations or circumstances shall not be affected thereby. 12.14 Waiver of Breach: A waiver of either party of any terms or condition of this agreement in any instance shall not be deemed or construed as a waiver of such term or condition for the future, or of any subsequent breach thereof. All remedies, rights, undertakings, obligations, and agreements contained in this agreement shall be cumulative and none of them shall be in limitation of any other remedy, right, obligation or agreement of either party. 12.15 Time of the Essence: Time is of the essence under this agreement as to each provision in which time of performance is a factor. 12.16 Limitation of Liability: In no event shall the HA be liable to the Contractor for any indirect, incidental, consequential or exemplary damages. 12.17 Indemnification: 12.17.1 The Contractor shall indemnify, defend, and hold the HA (and its officers, employees, and agents) harmless from and against any and all claims, damages, losses, suits, actions, decrees, judgments, attorney’s fees, court costs and other expenses of any kind or character, which are caused by, arise out of, or occur due to any failure of the Contractor to (1) abide by any of the applicable professional standards within its industry, or (2) comply with the terms, conditions, or covenants that are contained in this contract, (3) comply with the “Arizona Industrial Insurance Act,” or any other law, ordinance, or decree; or (4) ensure that the any subcontractors abide by the terms of this provision and this contract; provided, however, that Contractor will not be required to indemnify the HA against any loss or damage which was specifically caused by the HA providing inaccurate information to the Contractor, failing to provide necessary and requested information to the Contractor, or refusal to abide by any recommendation of the Contractor. HOUSING AUTHORITY OF MARICOPA COUNTY (HAMC) Page 68 REQUEST FOR PROPOSALS (RFP) NO. 2018-12-002 Casa Bonitas Site Rehab 12.17.2 In this connection, it is expressly agreed that the Contractor shall, at its own expense, defend the HA, its officers, employees, and agents, against any and all claims, suits or actions which may be brought against them, or any of them, as a result of, or by reason of, or arising out of, or on account of, or in consequence of any act or failure to act the consequences of which the Contractor has indemnified the HA. If the Contractor shall fail to do so, the HA shall have the right, but not the obligation, to defend the same and to charge all direct and incidental costs of such defense to the Contractor including attorney’s fees and court costs. 12.17.3 Any money due to the Contractor under and by virtue of this contract, which the HA believes must be withheld from the Contractor to protect the HA, may be retained by the HA so long as it is reasonably necessary to ensure the HA’s protection; or in case no money is due, its surety may be held until all applicable claims have been settled and suitable evidence to that effect furnished to the HA provided, however, neither the Corporation’s payments shall not be withheld, and its surety shall be released, if the Contractor is able to demonstrate that it has adequate liability and property damage insurance to protect the HA from any potential claims. 12.17.4 The Contractor shall provide that any contractual arrangement with a subcontractor shall be in conformance with the terms of this Contract including the terms of this indemnity provision. The Contractor guarantees that it will promptly handle and rectify any and all claims for materials, supplies and labor, or any other claims that may be made against it or any of its subcontractors in connection with the contract. 13.0 Lobbying Certification: Anti-Lobbying Act: 18 U.S. Code § 1913 (Lobbying with Appropriated Moneys) prohibits the use of appropriated funds (including the use of official employee time and Government resources) for activities that are intended or designed (directly or indirectly) to influence in any manner a member of Congress, a jurisdiction, or an official of any government (Federal, state or local) to favor or oppose any legislation, law or appropriation. By execution of this contract with the HA the Contractor thereby certifies, to the best of his or her knowledge and belief, that: 13.1 No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal loan, the entering into of any cooperative agreement, or modification of any Federal contract, grant, loan, or cooperative agreement. 13.2 If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the Contractor shall complete and submit Standard Form- LLL, Disclosure Form to Report Lobbying, in an accordance with its instructions. 13.3 The Contractor shall require that the language of this certification be included in the award documents for all sub awards at all tiers (including subcontracts, sub HOUSING AUTHORITY OF MARICOPA COUNTY (HAMC) Page 69 REQUEST FOR PROPOSALS (RFP) NO. 2018-12-002 Casa Bonitas Site Rehab grants, and contracts under grants, loans, and cooperative agreements) and that all sub recipients shall certify and disclose accordingly. 14.0 Additional Federally Required Orders/Directives: Both parties agree that they will comply with the following laws and directives, where applicable: 14.1 Executive Order 11061, as amended, which directs the Secretary of HUD to take all action which is necessary and appropriate to prevent discrimination by agencies that utilize federal funds. 14.2 Public Law 88-352, Title VI of the Civil Rights Act of 1964, which provides that no person in the United States shall, on the basis of race, color, national origin or sex, be excluded from participation in, denied the benefits of, or subjected to discrimination under any program or activity which receives federal financial assistance. The HA hereby extends this requirement to the Contractor and its private contractors. Specific prohibited discriminatory actions and corrective action are described in Chapter 2, Subtitle C, Title V of the Anti-Drug Abuse Act of 1988 (42 U.S.C. 19901 et. seq.). 14.2.1 Public Law 90-284, Title VIII of the Civil Rights Act of 1968., popularly known as the Fair Housing Act, which provides for fair housing throughout the United States and prohibits any person from discriminating in the sale or rental of housing, the financing of housing or the provision of brokerage services, including in any way making unavailable or denying a dwelling to any person because of race, color, religion, sex or national origin. Pursuant to this statute, the HA requires that the Contractor administer all programs and activities, which are related to housing and community development in such a manner as affirmatively to further fair housing. 14.2.2 The Age Discrimination Act of 1975, which prohibits discrimination on the basis of age. 14.2.3 Anti-Drug Abuse Act of 1988 (42 U.S.C. 11901 et. seq.). 14.2.4 HUD Information Bulletin 909-23 which is the following: 14.2.5 Notice of Assistance Regarding Patent and Copyright Infringement; 14.2.6 Clean Air and Water Certification; and, 14.2.7 Energy Policy and Conversation Act. 14.2.8 That the funds that are provided by the HA and HUD hereunder shall not be used, directly or indirectly, to employ, award a contract to, or otherwise engage the services of any debarred, suspended or ineligible Contractor. 14.2.9 That none of the personnel who are employed in the administration of the work required by this contract shall, in any way or to any extent, be engaged in the conduct of political activities in violation of Title V, Chapter 15, of the United States Code. HOUSING AUTHORITY OF MARICOPA COUNTY (HAMC) Page 70 REQUEST FOR PROPOSALS (RFP) NO. 2018-12-002 Casa Bonitas Site Rehab 14.2.10 The mention herein of any statute or Executive Order is not intended as an indication that such statute or Executive Order is necessarily applicable not is the failure to mention any statute or Executive Order intended as an indication that such statute or Executive Order is not applicable. In this connection, therefore each provision of law and each clause, which is required by law to be inserted in this agreement, shall be deemed to have been inserted herein, and this agreement shall be read and enforced as though such provision or clause had been physically inserted herein. If, through mistake or otherwise, any such provision is not inserted or is inserted incorrectly, this agreement shall forthwith be physically amended to make such insertion or correction upon the application of either part. 15.0 Attachments: 15.1 The following noted documents are placed under each of the noted attachments and are a part of this contract 15.1.1 Attachment No. B: Form HUD-5369-C ( 8/93 ), Certifications and Representations of Offerors, Non-Construction Contract; 15.1.2 Attachment No. C: Profile of Firm Form; 15.1.3 Attachment No. E: Form HUD-5369-B (8/93 ), Instructions to Offerors, Non-Construction; 15.1.4 Attachment No. F-1: Form HUD-5370-C (10/06), General Contract Conditions, Non-Construction; 15.1.5 Attachment No. F-2: HAMC Instructions To Proposers & Contractors 15.1.6 Attachment F-3: Form HUD-50071 (3/98), Certification of Payments to Influence Federal Transactions; fully executed; 15.1.7 Attachment F-4: Proposed Work Plan and Services/ Schedule, Fees as submitted by the Contractor 16.0 CERTIFICATIONS: The undersigned representatives of each party acknowledge by signature below that they have reviewed the foregoing and understand and agree to abide by their respective obligations as defined herein: CONTRACTOR By: ___________________________________________ Date: _____________ Housing Authority of Maricopa County: By:____________________________________________Date:______________ Gloria Munoz, Executive Director HOUSING AUTHORITY OF MARICOPA COUNTY (HAMC) Page 71 REQUEST FOR PROPOSALS (RFP) NO. 2018-12-002 Casa Bonitas Site Rehab HOUSING AUTHORITY OF MARICOPA COUNTY (HAMC) Page 72 REQUEST FOR PROPOSALS (RFP) NO. 2018-12-002 Casa Bonitas Site Rehab EXHIBIT H HAMC Instructions To Proposers & Contractors (ITPC) 1.0 GENERAL CONDITIONS: 1.1 Applicability: If referred to within the text of such, these ITPC shall be applicable to all Requests For Proposals (RFP) solicitations that the Housing Authority of Maricopa County, Arizona (HAMC) conducts and shall be applicable to any contract that the HAMC awards to or signs with any firm, agency or individual pursuant to that RFP. A copy of these ITPC shall be made available to any actual or prospective proposer, or contractor who does business with or intends to do business with the HAMC. 1.1.2 Unless otherwise specified within the RFP or contract documents, in the event that any provision in any document listed herein conflicts with any provision within these ITPC, the provision in RFP or contract document shall govern. 1.2 Definitions (pertaining to all RFP documents issued by the HAMC pertaining to this RFP, including the attachments and the ensuing contract): 1.2.1 "Contract" refers to the written agreement that ensues from the RFP. Whereas all RFP documents are included, by reference, as a part of the ensuring contract, when "contract" is referred to within an RFP document, such is referring to both the RFP documents and the ensuing contract document. 1.2.2 "Contractor" and the term "successful proposer" may be used interchangeably. 1.2.3 "Days" unless otherwise directed, shall refer to calendar days. 1.2.6 "ED" is the HAMC Executive Director. 1.2.7 "HA" is the "Housing Authority" or the HAMC. 1.2.8 "Herein" shall refer to all documents issued pursuant to the noted RFP, including the RFP documents and the attachments. 1.2.9 "HUD" is the United States Department of Housing and Urban Development. HUD is the Federal agency that the HA receives funding from; however, pertaining to this RFP, correspondences, including proposal submittals, received from each proposer must exhaust all provisions contained herein prior to contacting HUD (i.e. in the case of a protest). 1.2.10 "HAMC" is the Housing Authority of Maricopa County, Arizona. Unless otherwise defined herein or within the ensuing contract, whenever the term "the HAMC" is used without clearly designating a responsible HAMC staff person, the proposer(s) may assume that responsibility for that item rests with the HAMC PA. HOUSING AUTHORITY OF MARICOPA COUNTY (HAMC) Page 73 REQUEST FOR PROPOSALS (RFP) NO. 2018-12-002 Casa Bonitas Site Rehab 1.2.11 “Invitation for Bid" (RFP) is the public solicitation process allowed by HUD, especially as defined within Chapter 6 of the HUD Procurement Handbook 7460.8 REV-2. 1.2.12 “RFP Document(s)” Whether stated in the singular or the plural, such refers to the body of the documents, including attachments. 1.2.13 “Offer" is the proposal submittal referred to within the following Section 1.2.15 that the proposer delivers to the HAMC in response to the RFP. 1.2.12 “Offeror" or "Offerors" are the proposer or proposers. 1.2.13 "Parties” When "the parties," "both parties" or "either party" is stated within the RFP documents or the contract, such refers to the HAMC and the successful proposer(s). 1.2.14 Proposal" and/or "Proposal Submittal" is the "hard copy" document that the proposer is required to, as detailed within the RFP document, deliver to the HAMC. 1.2.15 "Protestant" is a prospective proposer or proposer who feels that he/she has been treated inequitably by the HAMC and wishes the HAMC to correct the inequitable condition or situation. To be eligible to file a protest with the HAMC pertaining to an RFP or contract, the protestant must have been involved in the RFP process in some manner as a prospective proposer (i.e. registered and received the RFP documents). 1.2.16 "Prospective Proposer" or "Proposer" A prospective proposer is a firm or individual who has been notified of the RFP solicitation and/or who has requested and/or received the RFP documents and is considering responding with a proposal; a proposer is a firm or individual who has submitted a proposal in response to the RFP. All terms and conditions shall apply equally to all prospective proposers as well as proposers, though prospective proposers may not, after the deadline set for receiving proposals, receive further notices pertaining to that RFP--meaning, certain notices (such as the Notice of Results of Evaluation) are only delivered to proposers and not to prospective proposers. 1.2.4 "PM" is the HAMC Procurement Manager (or in his/her absence, his/her designated replacement). 1.2.5 "Procurement Manager" when named within an RFP document shall refer to the HAMC PM (as delegated by the HAMC ED who is the HAMC Procurement Manager). 2.0 CONDITIONS TO PROPOSE: 2.1 Pre-Qualification of Proposers: Prospective proposers will not be required to pre-qualify in order to submit a proposal. However, all proposers will be required to submit adequate information showing that the proposer is qualified to perform the required work (i.e. Profile of Firm Form and required resumes). Failure by the prospective proposer to provide the requested information may, at the HAMC’s discretion, eliminate that proposer from consideration, if all proposers were required to submit the same information. HOUSING AUTHORITY OF MARICOPA COUNTY (HAMC) Page 74 REQUEST FOR PROPOSALS (RFP) NO. 2018-12-002 Casa Bonitas Site Rehab 2.2 RFP Forms, Documents, Specifications and Drawings: 2.2.1 It shall be each prospective proposer’s responsibility to, prior to submitting a proposal in response to the RFP, examine carefully and, as may be required, properly complete all documents issued pursuant to this RFP. 2.2.2 Unless otherwise instructed, specifications and drawings (if provided) do not purport to show all of the exact details of the work. They are intended to illustrate the character and extent of the performance desired under the proposed contract and may be supplemented or revised from time to time. 2.2.3 The HAMC shall reserve the right to, prior to award, revise, change, alter, or amend any of the instructions, terms, conditions, and/or specifications identified within the RFP documents issued, within any attachment or drawing, or within any addenda issued; such notice shall be delivered in writing to each prospective and/or actual proposer. Such changes that are issued before the deadline for receipt of proposals shall be binding upon all prospective proposers. Such changes that are issued after the receipt of proposals, but prior to award shall be binding upon all parties that have submitted proposals; however, such parties shall be allowed to reject such changes by, within 5 days of receipt of such written notice, withdrawing his/her proposal. Such withdrawal must be delivered, in writing, to the HAMC PA within the 5-day deadline period. 2.3 Proposal Preparation, Submission and Receipt by the HAMC: 2.3.1 Required Forms: All required forms furnished by the HAMC as a part of the RFP document issued shall, as instructed, be fully completed and submitted by the proposer. Such forms may be completed in a legible hand-written fashion, by use of a typewriter, or may be downloaded and completed on a computer. If, during the download, a form becomes changed in any fashion, the proposer must "edit" the form back to its original form (for example, signature lines must appear on the page the line was originally intended to be on). 2.3.2 Manner of Submission: The proposal submittal shall be submitted in the manner detailed within the RFP document. Failure to submit the proposal in the manner specified may result in a premature opening of, post-opening of, or failure to open and consider that proposal, and may, at the discretion of the HAMC PA, eliminate that proposer from consideration for award. 2.3.3 Time for Receiving Proposals: Proposals received prior to the time set, as the deadline for the receipt by the HAMC of the proposal submittal shall be securely kept, unopened, by the HAMC. The PA, whose duty it is to open such proposals, will decide when the specified time has arrived. No proposal received after the designated deadline shall be considered, except as detailed within Section 6 of Form HUD-5369-B (8/93), Late Submissions, Modifications and Withdrawal of Offers. 2.3.3.1 Proposers are cautioned that any proposal submittal that may be time-stamped as being received by the HAMC after the exact time set as the deadline for the receiving of proposals shall be returned HOUSING AUTHORITY OF MARICOPA COUNTY (HAMC) Page 75 REQUEST FOR PROPOSALS (RFP) NO. 2018-12-002 Casa Bonitas Site Rehab unopened to the proposer. Any such proposals inadvertently opened shall not be considered, but shall be ruled to be invalid. No responsibility will attach to the HAMC or any official or employee thereof, for the pre-opening of, or the failure to open a proposal not properly addressed and identified. 2.3.4 Public Opening of Proposals: Pursuant to the competitive proposals or RFP process, proposals are publicly opened, are held secure until the submittal deadline has passed. The proposals are then opened in public by the HAMC PA (or his/her designee) and are examined for minimal responsiveness and price (i.e. minimum compliance with the requirements of the RFP). 2.3.5 Withdrawal of Proposals: Proposals may be withdrawn as detailed within Section 6(h) of Form HUD-5369-B (8/93), Late Submissions, Modifications and Withdrawal of Offers. Negligence on the part of the proposer in preparing his/her proposal confers no right of withdrawal or modification of his/her proposal after such proposal has been received and opened. 2.3.6 Conflicting Conditions: Any provisions detailed within any of the RFP documents which may be in conflict or inconsistent with any of the paragraphs in any of the other RFP documents, including attachments, shall be void to the extent of any such conflict or inconsistency. Further, as stated within Section 1.1.1 of this ITP, unless otherwise specified within the RFP or contract documents, in the event that any provision in any document listed herein conflicts with any provision within this ITP, the provision in the RFP or contract document shall govern. 2.3.7 Interpretations: No official oral interpretation can be made to any proposer as to the meaning of any instruction, condition, specifications drawing (if any), or any other document issued pertaining to this RFP. Every request for an official interpretation shall be made by the prospective proposer, in writing, pursuant to the schedule set within the RFP document issued and as directed by the HAMC. Official interpretations will be issued in the form of addenda, which will be delivered to each proposer; but it shall be the prospective proposer’s responsibility to make inquiry as to addenda issued. All such addenda shall become a part of the RFP documents and the proposed contract with the successful proposer, and all proposers shall be bound by such addenda, whether or not received by the prospective or successful proposer(s). 2.4 Exceptions to Specifications: 2.4.1 A proposer may take exception to any of the proposal documents or any part of the information contained therein, by submitting, in writing to the HAMC PA, at least 20 days prior to the proposal deadline, a complete and specific explanation as to what he/she is taking exception to. Proposed alternate documents or information must also be included. A response by the HAMC will be issued in writing within 5 days of receipt of such exception request. The HAMC reserves the right to agree with the prospective proposer and issue a revision to the applicable RFP requirements, or may reject the prospective proposers request. 2.4.2 When taking exception, prospective proposers must propose services that meet the requirements of the RFP documents. Exceptions to the specification and/or approved "equal" requests may be discussed at the scheduled pre-proposal conference (if scheduled). All verbal instructions issued by the HAMC officers HOUSING AUTHORITY OF MARICOPA COUNTY (HAMC) Page 76 REQUEST FOR PROPOSALS (RFP) NO. 2018-12-002 Casa Bonitas Site Rehab not already listed within the RFP documents shall only become official when issued as addenda or as a written answer issued pursuant to receipt of a written question. 2.5 Lump Sum Cost Breakdown (LSCB): 2.5.1 The HAMC reserves the right to, at any time, request and receive from any or all proposers a LSCB of any or all of the costs proposed. The proposal documents constitute an outline of the work to be completed by the proposer. These documents are intended to include all major items, and the lump sum cost breakdown computed therefrom will be the maximum compensation for all work and materials whatsoever furnished by the proposer in order to comply with the proposal documents in their present form, whether or not indicated in the approximate quantities or pertaining to the items of work as listed. 2.5.1.1 The purpose of this LSCB will serve the HAMC in 2 distinct areas: 2.5.1.1.1 Prior to award of proposals: The HAMC may request a LSCB for any or all items reflected within the RFP document as “lump sum” for determining an unbalanced cost proposal. The HAMC PA, using acceptable methods dictated by the industry, shall conduct the analysis. 2.5.1.1.2 After award: The HAMC may request a LSCB for any or all items reflected within the RFP document as “lump sum” for making partial payments to the successful proposer. 2.5.1.1.3 Under no circumstances may any cost item reflected, as “lump sum” is increased/decreased because of the LSCB analysis. 3.0 PROPOSAL EVALUATION: 3.1 Proposal Opening Results: It is understood by all proposers/prospective proposers that the proposals received are publicly opened and the results will be a matter of public record until the HAMC has concluded all evaluations and is ready to issue such results. When the HAMC issues such notice, the HAMC will inform all proposers as to bid tabulations. 3.1.1 All proposal documents submitted by the proposers are not necessarily a matter of public record and as a matter of normal course, the proposals submitted by each proposer will not, at any time, be viewed by any interested parties except as approved by the HAMC Legal Counsel (i.e. a proposer will not be allowed to challenge an apparent top-rated proposer by inspecting the proposal that the apparent top-rated proposer submitted). The HAMC shall, however, upon request, verify that the proposal documents submitted are/were complete and correct. 3.2 Award of Proposal(s): The successful proposer shall be determined by the most responsive and responsible low bid proposer, provided his/her proposal is reasonable, he/she is able to deliver the specified items in a timely manner and it is, in the opinion of the HAMC, to HOUSING AUTHORITY OF MARICOPA COUNTY (HAMC) Page 77 REQUEST FOR PROPOSALS (RFP) NO. 2018-12-002 Casa Bonitas Site Rehab the best interests of the HAMC to accept the proposal. All proposers will be notified of the results at the earliest practical date. 3.3 Rejection of Proposals: 3.3.1 The HAMC reserves the right to, at any time during the proposal process, reject any or all proposals received. In the case of rejection of all proposals, the HAMC reserves the right to advertise for new proposals or to proceed to do the work otherwise, if in the judgment of the HAMC, the best interest of the HAMC will be promoted. 3.3.2 Prospective proposers acknowledge by downloading and receiving the RFP documents and/or by submitting a proposal that the submission of a proposal to the HAMC is not a right by which to be awarded that proposal, but merely an offer by the prospective proposer to perform the requirements of the RFP documents in the event the HAMC decides to consider an award to that proposer. 3.4 Cancellation of Award: The HAMC reserves the rights to, without any liability, cancel the award of any proposal(s) at any time before the execution of the contract documents by all parties. 3.5 Mistake in Proposal Submitted: 3.5.1 A request for withdrawal of a proposal due to a purported error need not be considered by the HAMC unless the same is filed in writing by the proposer within 48 hours after the proposal deadline. Any such request shall contain a full explanation of any purported error and shall, if requested by the HAMC, be supported by the original calculations on which the proposal was computed, together with a certification and notarization thereon that such computation is the original and prepared by the proposer or his/her agent, who must be identified on the notarized form. The foregoing shall not be construed that such withdrawal will be permitted, as the HAMC retains the right to accept or reject any proposed withdrawal for a mistake. 3.5.2 Unless otherwise prohibited within the RFP documents, a mistake in the cost unit pricing that does not affect the total cost sum submitted might, at the HAMC’s discretion, be corrected by submitting a corrected cost form, together with a complete explanation in writing, of how the mistake occurred, to the HAMC PA, for his/her review. This mistake must be corrected before the issuance of contract documents. 3.6 Irregular Proposal Submittal: A proposal shall be considered irregular for any one of the following reasons, any one or more of which may, at the HAMC's discretion, be cause for rejection: 3.6.1 If the forms furnished by the HAMC are not used or are altered or if the proposed costs are not submitted as required and where provided. 3.6.2 If all requested completed attachments do not accompany the proposal submitted. 3.6.3 If there are unauthorized additions, conditional or alternate proposals, or irregularities of any kind which may tend to make the proposal incomplete, HOUSING AUTHORITY OF MARICOPA COUNTY (HAMC) Page 78 REQUEST FOR PROPOSALS (RFP) NO. 2018-12-002 Casa Bonitas Site Rehab indefinite or ambiguous as to its meaning or give the proposer submitting the same a competitive advantage over other proposers. 3.6.4 If the proposer adds any provisions reserving the right to accept or reject any award or to enter into a contract pursuant to an award. 3.6.5 If the individual cost proposal items submitted by a specific proposer are unbalanced in the sense that the listed price of any cost item departs by more than 25% from the HAMC’s cost estimate for that item. 3.7 Disqualification of Proposers: Any one or more of the following shall be considered as sufficient for the disqualification of a prospective proposer and the rejection of his/her proposal: 3.7.1 Evidence of collusion among prospective proposers. Participants in such collusion will receive no recognition as bidders or proposers for any future work of the HAMC until such participant shall have been reinstated as a qualified bidder or proposer. The names of all participants in such collusion shall be reported to HUD and any other inquiring governmental agency. 3.7.2 More than one proposal for the same work from an individual, firm, or corporation under the same or different name(s). 3.7.3 Lack of competency, lack of experience, and/or lack of adequate machinery, plant and/or other resources. 3.7.4 Unsatisfactory performance record as shown by past work for the HAMC or with any other local, State or Federal agency, judged from the standpoint of workmanship and progress. 3.7.5 Incomplete work, which in the judgment of the HAMC, might hinder, or prevent prompt completion of additional work, if awarded. 3.7.6 Failure to pay or satisfactorily settle all bills due on former contracts still outstanding at the time of letting. 3.7.7 Failure to comply with any qualification requirement of the HAMC. 3.7.8 Failure to list, if required, all subcontractors (if subcontractors are allowed by the HAMC) who will be employed by the successful proposer(s) to complete the work of the proposed contract. 3.7.9 As required by the RFP documents, failure of the successful proposer to be properly licensed by the County of Maricopa and/or the State of Arizona and/or to be insured by a general liability and/or worker's compensation policy. 3.7.10 Any reason to be determined, in good faith, to be in the best interests of the HAMC. 3.8 Burden of Proof: If requested by the HAMC, it shall be the responsibility of the proposer(s) to furnish the HAMC with sufficient data or physical samples, within a specified time, so that the HAMC may determine if the goods or services offered conform to the Specifications. HOUSING AUTHORITY OF MARICOPA COUNTY (HAMC) Page 79 REQUEST FOR PROPOSALS (RFP) NO. 2018-12-002 Casa Bonitas Site Rehab 3.9 Product Evaluations: 3.9.1 Unless authorized otherwise by the ensuing contract, all items/services proposed by the proposer shall be as specified within the RFP documents issued. If the RFP document authorizes item(s) to be proposed by the proposers that are unfamiliar to the HAMC, the proposer will be given at least 10 days to provide a sample of the item(s) proposed. This time frame must be complied with and resolved at least 10 days before the date and time established as the deadline for the submission of proposals. 3.9.2 The HAMC reserves the right, at any time before the award, to have any item(s) proposed by a prospective proposer or proposer (hereinafter referred to as "proposer") subjected to an independent laboratory test and/or actual field testing by the HAMC or other personnel. The field-testing application shall be accomplished under the direction of the proposer and may be attended by other proposers. The HAMC reserves the right to either approve or disapprove any item that is field-tested and does not meet the HAMC’s expectations or specifications. Items will be judged on any or all of the following criteria: 3.9.2.1 Ability to do the job intended; 3.9.2.2 Reduction of time and effort that goes into the job through easier application and better performance; 3.9.2.3 Assurance that the product will continue to perform in the same manner from one purchase to another. 3.9.3 Substitutions: No product will be accepted by the HAMC that differs from the item that the successful proposer specifies within the proposal submittal, unless the HAMC so authorizes such substitution in writing prior to delivery. Such substitutions must be "equal to" or "better than" the originally proposed item(s). Any approved substitution shall be invoiced at the contract price or at a lower price if the successful proposer's substitution is sold at a lower price on line contracts. The HAMC reserves the right to approve or disapprove any proposed substitution. 3.9.4 Conforming Goods and/or Services: The items and/or services shall minimally conform in all respects with the specifications issued. In the event of nonconformity, and without limitation upon any other remedy, the HAMC shall have no financial obligation in regard to the nonconforming. 3.9.5 New Goods: It is understood and agreed that, unless otherwise instructed within the RFP documents, any and all items offered or shipped shall be new and in first-class condition, and that all containers shall be new and suitable for storage or shipment. 4.0 Right to Protest: 4.1 Any prospective or actual proposer, offeror, or contractor who is allegedly aggrieved in connection with the solicitation of a proposal or award of a contract, shall have the right to protest. An alleged aggrieved protestant claiming this right is hereby informed that these regulations do not provide for administrative appeal as a matter of right for that alleged aggrieved protestant. HOUSING AUTHORITY OF MARICOPA COUNTY (HAMC) Page 80 REQUEST FOR PROPOSALS (RFP) NO. 2018-12-002 Casa Bonitas Site Rehab 4.1.1 An alleged aggrieved "protestant" is a prospective proposer or proposer who feels that he/she has been treated inequitably by the HAMC and wishes the HAMC to correct the alleged inequitable condition or situation. To be eligible to file a protest with the HAMC pertaining to an RFP or contract, the alleged aggrieved protestant must have been involved in the RFP process in some manner as a prospective proposer (i.e. registered and received the RFP documents) when the alleged situation occurred. The HAMC has no obligation to consider a protest filed by any party that does not meet these criteria. 4.2 It is totally within the administrative powers of the HAMC ED to grant or deny any requests for administrative appeal. If, in the opinion of the ED, the alleged aggrieved protestant merits an administrative review, the ED shall direct that alleged aggrieved protestant to submit additional data. 4.3 Procedure to Protest: An alleged aggrieved protestant shall comply with the following protest procedures, and failure to comply in the manner prescribed shall automatically relieve the HAMC from accepting or considering that protest: 4.3.1 The alleged aggrieved protestant must file, in writing, to the HAMC PA the exact reason for the protest, attaching any supportive data. The protestant must state within the written protest document specifically, (not by inference) what action by the HAMC or condition is being protested as inequitable, making, where appropriate specific reference to the RFP documents issued. The protest document must also state the corrective action requested. Failure by the alleged aggrieved protestant to fully submit such information shall relieve the HAMC from any responsibility to take any corrective action. 4.3.2 The PA must receive the written instrument containing the reason for the protest within 10 days after the occurrence of the following: 4.3.2.1 the deadline for receiving proposals; 4.3.2.2 receipt of notification of the results of the evaluation or the award; or 4.3.2.3 the alleged aggrieved protestant knows or should have known the facts. 4.3.3 In any case, protests shall be filed no more than 10 days after any of the above (unless the occurrence being protested occurred in its entirety after the proposal deadline). Protests received after these dates shall not be considered. 4.3.4 The HAMC PA shall review the written protest and supportive data, if any. He/she shall, within 10 days after receipt of the written protest, issue a written opinion and decision. This document shall state the reasons for the action taken as well as inform the alleged aggrieved protestant of the right of further administrative review. A copy of this written opinion and decision shall be forwarded to the HAMC ED. 4.3.5 Administrative Appeal: If the alleged aggrieved protestant does not agree with the written opinion and decision issued by the HAMC PA, the alleged aggrieved protestant may, after receipt of the written opinion and decision issued by the HAMC PA request an administrative appeal hearing is granted. The following procedures must be complied with in the manner prescribed; failure by the HOUSING AUTHORITY OF MARICOPA COUNTY (HAMC) Page 81 REQUEST FOR PROPOSALS (RFP) NO. 2018-12-002 Casa Bonitas Site Rehab alleged aggrieved protestant to comply shall automatically relieve the HAMC from accepting or acting on that request for administrative hearing: 4.3.5.1 The alleged aggrieved protestant must file, in writing, his/her request for an administrative hearing, to the HAMC ED. This request must be filed within 10 calendar days after the receipt of the HAMC PA’s written opinion and decision. 4.3.5.2 The request for an administrative appeal hearing must contain the specific reasons for the appeal and all supporting data for those reasons. 4.3.5.3 It shall be within the administrative powers of the HAMC ED to, after review of the request submitted, grant or deny any request for administrative appeal. 4.3.5.4 If the HAMC ED, after complete review of the alleged aggrieved protestant’s written request and supporting data, decides that the request does not merit further consideration, he/she shall render his/her decision in writing to the alleged aggrieved protestant. A decision rendered under this paragraph shall be made within 10 days after the receipt of the alleged aggrieved protestant’s request for an administrative hearing. This decision shall be final without further administrative recourse. 4.3.5.5 If the HAMC ED, after review of the alleged aggrieved protestant’s written request, decides that the request merits further consideration, he/she shall forward the protestant’s written request, along with a cover letter explaining why it merits further consideration and with a recap of all proposals submitted and a copy of the original written protest, to the HAMC Legal Counsel for consideration. The HAMC Legal Counsel shall issue to the alleged aggrieved protestant a decision, in writing, within 10 days of his/her receipt of such documents. 4.3.5.5 Such written decision delivered to the alleged aggrieved protestant shall exhaust the HAMC internal protest and administrative appeal process available to the alleged aggrieved protestant. 5.0 Disputed Billings (Charges): 5.1 In the event that the HAMC disputes any portion of its billing(s), the HAMC shall pay the undisputed portion of such billing and initiate the dispute-resolving procedures, as follows: 5.1.1 The HAMC's representative shall, within 10 days after the HAMC’s receipt of such billing, formally notify the contractor’s representative of all particulars pertaining to the dispute, and request that he/she investigate and respond to this issue. 5.1.2 If such dispute cannot be resolved by the contractor’s response, within 10 days after such notification is given, the HAMC PA and the contractor’s representative shall meet to discuss the matter and attempt to arrive at a resolution. HOUSING AUTHORITY OF MARICOPA COUNTY (HAMC) Page 82 REQUEST FOR PROPOSALS (RFP) NO. 2018-12-002 Casa Bonitas Site Rehab 5.1.3 If the HAMC PA and the contractor’s representative are unable to resolve the dispute through such discussion within 10 days, the HAMC shall, within 10 days thereafter, either: 5.1.3.1 pay the disputed charges and reserve the right to submit the matter to arbitration; or, 5.1.3.2 not pay the disputed charge and submit the matter to arbitration; or, 5.1.3.3 not pay the disputed charge and allow the contractor to submit the matter to arbitration. 5.1.4 The decision from arbitration will be binding upon both parties. If the decision is adverse to the HAMC, the HAMC shall pay the HAMC’s receipt of the decision. If the decision is in favor of the HAMC, the contractor will either: 5.1.4.1 clear the amount which is ordered from the HAMC account; or 5.1.4.2 repay to the HAMC the amount ordered; Either option shall be completed within 10 days after the contractor’s receipt of the arbitrator's decision. 6.0 Additional Considerations: 6.1 Right of Joinder Pursuant to NRS 332.195: 6.1.1 Any political subdivision within the State of Arizona may be granted the privilege of joining the awarded contract, only at the option of the successful proposer. If the successful proposer so grants such a privilege, the terms and conditions of the RFP documents, including the ensuing contract, may be passed on to the joining political subdivision by the successful proposer. 6.1.2 The successful proposer shall retain the unilateral right to allow or disallow any political subdivision the privilege of joining the awarded contract. In the event the successful proposer allows another political subdivision to join the HAMC contract, it is expressly understood that the HAMC shall in no way be liable for the joining political subdivision obligations to the successful proposer in any manner whatsoever. 6.2 Non-Escalation: Unless otherwise specified within the RFP documents, the unit prices reflected on the contract shall remain firm with no provision for price increases during the term of the contract. 6.3 Funding Restrictions and Order Quantities: The HAMC reserves the right to reduce or increase estimated or actual quantities in whatever amount necessary without prejudice or liability to the HAMC, if: 6.3.1 funding is not available; 6.3.2 legal restrictions are placed upon the expenditure of monies for this category of service or supplies; or, 6.3.3 the HAMC’s requirements in good faith change after award of the contract. HOUSING AUTHORITY OF MARICOPA COUNTY (HAMC) Page 83 REQUEST FOR PROPOSALS (RFP) NO. 2018-12-002 Casa Bonitas Site Rehab 6.4 Unless otherwise stated in the RFP documents, all local, State or Federal permits which may be required to provide the services ensuing from award of this RFP, whether or not they are known to either the HAMC or the proposers at the time of the proposal submittal deadline or the award, shall be the sole responsibility of the successful proposer and any costs submitted by the proposer shall reflect all costs required by the successful proposer to procure and provide such necessary permits. 6.5 Government Standards: It is the responsibility of the prospective proposer to ensure that all items and services proposed conform to all local, State and Federal law concerning safety (OSHA) and environmental control (EPA and Maricopa County Pollution Regulations) and any other enacted ordinance, code, law or regulation. The successful proposer shall be responsible for all costs incurred for compliance with any such possible ordinance, code, law, or regulation. No time extensions shall be granted or financial consideration given to the successful proposer for time or monies lost due to violations of any such ordinance, code, law or regulations that may occur. 6.6 Freight On Bill and Delivery: All costs submitted by the successful proposer shall reflect the cost of delivering the proposed items and/or services to the locations(s) specified within the RFP documents or within the contract. 6.7.1 The successful proposer agrees to deliver to the designated location(s) on or before the date as specified in the finalized contract. Failure to deliver on or before the specified date constitutes an event of default by the successful proposer. Upon default, the successful proposer agrees that the HAMC may, at its option, rescind the finalized contract under the default clause herein and seek compensatory damages as provided by law. 6.8 Backorders: 6.8.1 The HAMC PA or his/her designated alternate, must be notified within 10 days of the following: 6.8.1.1 Any and all backordered materials; 6.8.1.2 Any incomplete services; and the 6.8.1.3 Estimated delivery date. 6.8.2 Unless otherwise stipulated in the contract, any order that will take more than a maximum of 10 days past the original agreed upon delivery date, may at the option of the HAMC, be canceled and ordered from another source, if, in the opinion of the HAMC PA, it is in the best interests of the HAMC to do so. 6.9 Literature: Proposers may be required to furnish, either as a part of their proposal submittal or at another specified time during the proposal process, specification sheets, brochures, product literature, or other such materials, which contain sufficient data to enable the HAMC staff to properly evaluate the items being submitted for consideration. Failure to submit such data, if required, may cause rejection of that proposal without consideration. If the proposer has a question as to whether or not such materials should be submitted, it shall be his/her responsibility to make inquiry of the HAMC. HOUSING AUTHORITY OF MARICOPA COUNTY (HAMC) Page 84 REQUEST FOR PROPOSALS (RFP) NO. 2018-12-002 Casa Bonitas Site Rehab 6.9.1 Instruction Manuals: If requested by the HAMC, the successful proposer shall furnish, at no additional cost to the HAMC, upon delivery of the proposed items, 2 complete instruction manuals and parts breakdowns. 6.9.2 Training: If directed by the HAMC, the successful proposer shall provide a qualified factory-trained instructor for up to 8 hours of theory and practical instruction. The training shall be equivalent to that provided to manufacturer’s field service personnel. 6.10 Communication: If during the period of the contract, it is necessary that the HAMC place toll or long distance telephone calls or telegrams in connection therewith (for complaints, adjustments, shortages, failure to deliver, etc.), it is understood that the successful proposer will bear the charge or expense for all such calls and/or telegrams. 6.11 Work on HAMC Property: If the successful proposer’s work under the contract involves operations by the successful proposer on HAMC premises, the successful proposer shall take all necessary precautions to prevent the occurrence of any injury to persons or property during the progress of such work and, except to the extent that any such injury is caused solely and directly by the HAMC’s negligence, shall indemnify the HAMC, and their officers, agents, servants and employees against all loss which may result in any way from any act or omission of the successful proposer, its agents, employees, or subcontractors. 6.12 Estimated Quantities: Unless otherwise indicated, the quantities reflected within the RFP documents, to the best of the HAMC’s knowledge, reflect projected consumption data. These quantities are not meant to infer or imply actual consumption figures or quantities that will be purchased by the HAMC under the finalized contract; but, pursuant to all RFP documents, these quantities will be used as calculation figures to determine the successful proposer. 6.13 Warranty: 6.13.1 The services and materials provided under the contract shall conform to all information contained within the RFP documents as well as applicable Industry Published Technical Specifications, and if one of the above mentioned Specifications contain more stringent requirements than the other, the more stringent requirements shall apply. 6.13.2 Unless otherwise stated within the RFP document, all materials, workmanship, and title shall be guaranteed by the successful proposer to be free of defects for a minimum period of 1 calendar year from the date of acceptance by the HAMC. 6.13.3 All freight costs incurred for shipment to and from the contractors designated place of business to correct warranty defects during the warranty period shall be borne by the successful proposer. 6.13.4 The liability of the successful proposer to the HAMC (except as to title) arising out of the furnishing of the item(s) and/or services or of its use under the terms of the contract shall not exceed the correcting of the defect(s) in the item(s) and/or services as provided under the contract, and upon expiration of the warranty period all such liability shall terminate except under the warranty for merchantability and the warranty of fitness for a particular purpose. HOUSING AUTHORITY OF MARICOPA COUNTY (HAMC) Page 85 REQUEST FOR PROPOSALS (RFP) NO. 2018-12-002 Casa Bonitas Site Rehab 6.13.5 Warranty Exclusions Prohibited: The HAMC will not accept, and the proposer shall not propose, any warranty clause from either the successful proposer or from a manufacturer which states: 6.13.5.1 that the warranty of merchantability and/or the warranty of fitness for a particular purpose are excluded from the offer to the HAMC; and 6.13.5.2 that the manufacturer’s and/or successful proposer's warranty is in lieu of all other warranties that are either expressed or implied. 6.13.6 In addition to the above restrictions, the warranty requirements of the RFP documents shall run from the manufacturer to the HAMC, as well as from the successful proposer to the HAMC if a distributor or agent of the manufacturer sells the item(s) and/or services. 6.13.7 Correction of Warranty Defects: 6.13.7.1 If required by the RFP documents, the successful proposer shall, within 10 days after the award and prior to the delivery of the item(s) and/or services, appoint a firm in the immediate Maricopa County area of his/her own choosing who will be the immediate contact for the correction of warranty defects. 6.13.7.2 Unless otherwise stated in the RFP document, or unless otherwise agreed upon by the HAMC at the time of occurrence, the local firm shall address and correct any warranty defects within 24 hours of notification. Any warranty defect that requires more than 24 hours to correct shall require the direct intervention by the successful proposer and must be corrected within 5 days after notification by the HAMC. 6.13.7.3 Failure to comply with the requirements of the provisions of this provision (6.13.6) shall be just cause for the HAMC declaring the contract in default under the applicable default clause, and shall allow the HAMC to seek remedy at law. 6.14 Official, Agent and Employees of the HAMC Not Personally Liable: It is agreed by and between the parties hereto that in no event shall any official, officer, employee, or agent of the HAMC in any way be personally liable or responsible for any covenant or agreement herein contained whether expressed or implied, nor for any statement, representation or warranty made herein or in any connection with this agreement. 6.15 Subcontractors: Unless otherwise stated within the RFP documents, the successful proposer may not use any subcontractors to accomplish any portion of the services described within the RFP documents or the contract without the prior written permission of the HAMC PA. 6.16 Salaries and Expenses Relating to the Successful Proposers Employees: Unless otherwise stated within the RFP documents, the successful proposer shall pay all salaries and expenses of, and all Federal, Social Security taxes, Federal and State Unemployment taxes, and any similar taxes relating to its employees used in the performance of the contract. The successful proposer further agrees to comply with all Federal, State and local wage and hour laws and all licensing laws applicable to its employees or other personnel furnished under this agreement. HOUSING AUTHORITY OF MARICOPA COUNTY (HAMC) Page 86 REQUEST FOR PROPOSALS (RFP) NO. 2018-12-002 Casa Bonitas Site Rehab 6.17 Attorney’s Fees: In the event that litigation is commenced by one party hereto against the other in connection with the enforcement of any provision of this agreement, the losing party shall pay the prevailing party all court costs and other expenses of such litigation, including attorneys’ fees, in a reasonable amount, to be determined by the court. The amount so allowed as attorneys’ fees shall be taxed to the losing party as costs of the suit, unless prohibited by law. 6.18 Independent Contractor: Unless otherwise stated within the RFP documents or the contract, the successful proposer is an independent contractor. Nothing herein shall create any association, agency, partnership or joint venture between the parties hereto and neither shall have any authority to bind the other in any way. 6.19 Severability: If any provision of this agreement or any portion or provision hereof applicable to any particular situation or circumstance is held valid, the remainder of this agreement or the remainder of such provision (as the case may be), and the application thereof to other situations or circumstances shall not be affected thereby. 6.20 Waiver of Breach: A waiver of either party of any terms or condition of this agreement in any instance shall not be deemed or construed as a waiver of such term or condition for the future, or of any subsequent breach thereof. All remedies, rights, undertakings, obligations, and agreements contained in this agreement shall be cumulative and none of them shall be in limitation of any other remedy, right, obligation or agreement of either party. 6.21 Time of the Essence: Time is of the essence under this agreement as to each provision in which time of performance is a factor. 6.22 Limitation of Liability: In no event shall the HAMC be liable to the successful proposer for any indirect, incidental, consequential or exemplary damages. 6.23 Indemnity: 6.23.1 The successful proposer shall protect, indemnify and hold the HAMC, its officers, employees, agents, consulting engineers and other retained consultants harmless from and against any and all claims, damages, losses, suits, actions, decrees, judgments, attorney’s fees, court costs and other expenses of any kind or character which the HAMC, its officers, employees, agents, consulting engineers or other retained consultants may suffer, or which may be sought against, recovered from or obtainable against the HAMC, its officers, employees, agents, consulting engineers or other retained consultants such as: 6.23.1.1 as a result of, or by reason of, or arising out of, or on account of, or in consequence of any act or failure to act on the part of the successful proposer, its subcontractors or agents, or anyone directly or indirectly employed by any subcontractor or agent, in the fulfillment or performance of the terms, conditions or covenants that are contained in this contract or agreement, regardless of whether or not the occurrence which gave rise to such claim, damage, loss, suit, action, judgment or expense was caused, in part, by any party indemnified hereunder; or HOUSING AUTHORITY OF MARICOPA COUNTY (HAMC) Page 87 REQUEST FOR PROPOSALS (RFP) NO. 2018-12-002 Casa Bonitas Site Rehab 6.23.1.2 as a result of, or by reason of, or arising out of, or on account of, or in consequence of, any neglect in safeguarding the work; or 6.23.1.3 through the use of unacceptable materials or products, or both, which may be defective or manufactured, designed or installed so as to give rise to a claim; or 6.23.1.4 because of any claim or amount recovered under the “Arizona Industrial Insurance Act”, or any other law, ordinance, or decree, which claim or recovery arose out of or is attributable to any act or failure to act on the part of the successful proposer in the fulfillment or performance of the terms, conditions and covenants that are contained in this contract. Any money due by the successful proposer under and by virtue of this contract which is considered necessary by the HAMC for such purpose, may be retained by the HAMC for its protection; or in case no money is due, its surety may be held until all such claims, damages, losses, suits, actions, decrees, judgments, attorney’s fees and court costs and other expenses of any kind or character as aforesaid shall have been settled and suitable evidence to that effect furnished to the HAMC provided, however, that money due the successful proposer will not be withheld when the successful proposer produces satisfactory evidence that it is adequately protected by public liability and property damage insurance, if required. 6.23.2 In this connection, it is expressly agreed that the successful proposer shall, at its own expense, defend the HAMC, its officers, employees, agents, consulting engineers and other retained consultants, against any and all claims, suits or actions which may be brought against them, or any of them, as a result of, or by reason of, or arising out of, or on account of, or in consequence of any act or failure to act the consequences of which the successful proposer has indemnified the HAMC, its officers, employees, agents, consulting engineers and other retained consultants against, and if the successful proposer shall fail to do so, the HAMC shall have the right, but not the obligation, to defend the same and to charge all direct and incidental costs of such defense to the successful proposer including attorney’s fees and court costs; provided, however, that if the forum in which such claim suit or action is heard determines that the occurrence that gave rise to the same was caused, in whole or in part, by any party who is indemnified hereunder, the HAMC shall reimburse the successful proposer for all, or the indemnified party’s proportionate share, as the case may be, of the costs of such defense. 6.23.3 Reimbursement to the successful proposer by the HAMC, in whole or in part, for the costs of protecting traffic shall not serve to relieve the successful proposer of its responsibility as set forth in the RFP documents. 6.23.4 The successful proposer guarantees the payment of all just claims for materials, supplies, and labor, and all other just claims against it or any subcontractor, in connection with the contract. 6.24 Lobbying Certification: By proposing to do business with the HAMC or by doing business with the HAMC, each proposer certifies the following: HOUSING AUTHORITY OF MARICOPA COUNTY (HAMC) Page 88 REQUEST FOR PROPOSALS (RFP) NO. 2018-12-002 Casa Bonitas Site Rehab 6.24.1 No Federal appropriated funds have been paid or will be paid, by or on behalf of the proposer, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of an Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. 6.24.2 If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of an Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form –LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions. 6.24.3 The successful proposer shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontractors, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 6.24.4 This clause is a material representation of fact upon which reliance was placed when the award was made or entered into. The signing of a contract or acceptance of award certifies compliance with this certification, which is a prerequisite for making or entering into a contract, which is imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certifications shall be subject to civil penalty of not less than $10,000.00 and not more than $100,000.00 for each such failure. 6.25 24 CFR 85.36(i), Procurement: Pursuant to this CFR, as issued by the Office of the Secretary, HUD, the HAMC and the contractor each agree to comply with the following provisions and agree that any contract that ensues as a result of this RFP will include the following clauses, whether actually inserted or by reference: 6.25.1 Remedies for Contractor Breach: Pertaining to contract-related issues, it is the responsibility of both the HAMC and the contractor to communicate with each in as clear and complete a manner as possible. If at any time during the term of this contract the HAMC or the contractor is not satisfied with any issue, it is the responsibility of that party to deliver to the other party communication, in writing, fully detailing the issue and corrective action (please note that the HAMC has the right to issue unilateral addendums to this contract, but the contractor does not have the same right). The other party shall, within 10 days, respond in writing to the other party (however, the HAMC shall retain the right to, if conditions warrant, require the contractor to respond in a shorter period of time). Further, the HAMC shall, at a minimum, employ the following steps in dealing with the contractor as to any performance issues: 6.25.1.1 If the contractor is in material breach of the contract, the HAMC may promptly invoke the termination clause detailed within Section 3 of Attachment F-3 hereto and terminate the contract for cause. Such termination must be delivered to the contractor in writing and shall HOUSING AUTHORITY OF MARICOPA COUNTY (HAMC) Page 89 REQUEST FOR PROPOSALS (RFP) NO. 2018-12-002 Casa Bonitas Site Rehab fully detail all pertinent issues pertaining to the cause of and justification for the termination. 6.25.1.2 Prior to termination, the HAMC may choose to warn the contractor, verbally or in writing, of any issue of non-compliant or unsatisfactory performance. Such written warning may include placing the contractor on probation, thereby giving the contractor a certain period of time to correct the deficiencies or potentially suffer termination. The HAMC shall maintain in the contract file a written record of any such warning detailing all pertinent information. If the contractor does not agree with such action, the contractor shall have ten 10 days to dispute or protest, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with the HAMC’s position on the issue. The written protest must detail all pertinent information pertaining to the dispute, including justification detailing the HAMC’s alleged incorrect action(s). 6.25.1.3 After termination, if the contractor does not agree with the HAMC’s justification for the termination, the contractor shall have 10 days to dispute, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with the HAMC’s position on the issue. The written protest must detail all pertinent information pertaining to the dispute, including justification detailing the HAMC’s alleged incorrect action(s). 6.25.1.4 The response to any protest received shall be conducted in accordance with Section C (7-9) of the HAMC Instructions to Bidders. 6.25.2 Termination For Cause and Convenience: As detailed within Section 4 of Attachment F-3 hereto. 6.25.3 Executive Order 11246: For all construction contracts awarded in excess of $10,000, both parties hereby agree to comply with Executive Order 11246 of September 24, 1965, entitled “Equal Employment Opportunity”, as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor Regulations (41 CFR Chapter 60). 6.25.4 Copeland “Anti-Kickback” Act: For all construction or repair contracts awarded, both parties hereby agree to comply with the Copeland “Anti- Kickback” Act (18 U.S.C. 874) as supplemented in Department of Labor Regulations (29 CFR Part 3). 6.25.5 Davis-Bacon-Act: For all construction contracts awarded in excess of $2,000 when required by Federal Grant Program legislation, both parties hereby agree to comply with the Davis-Bacon Act (40 U.S.C. 276a to 276a-7) as supplemented in Department of Labor Regulations (29 CFR Part 5). 6.25.6 Sections 103 and 107 of the Contract Work Hours and Safety Standards Act: For all construction contracts awarded in excess of $2,000 and for other contracts, which involve the employment of mechanics or laborers awarded in excess of $2,500, both parties hereby agree to comply with the Sections 103 and HOUSING AUTHORITY OF MARICOPA COUNTY (HAMC) Page 90 REQUEST FOR PROPOSALS (RFP) NO. 2018-12-002 Casa Bonitas Site Rehab 107 of the Contract Work Hours and Safety Act (40 U.S.C. 327-330) as supplemented in Department of Labor Regulations (29 CFR Part 5). 6.25.7 Reporting: Both parties hereby agree to comply with any reporting requirements that may be detailed herein. 6.25.8 Patent Rights: Both parties hereby agree to comply with HUD Bulletin 90-23, which are the (a) Notice of Assistance Regarding Patent and Copyright Infringement. 6.25.9 Copy Rights/Rights in Data: The HAMC has unlimited rights to any data, including computer software, developed by the contractor in the performance of the contract specifically: 6.25.9.1 Except as provided elsewhere in this clause, the HAMC shall have unlimited rights in data first produced in the performance of this contract; form, fit, and function data delivered under this contract; data delivered under this contract (except for restricted computer software) that constitute manuals or instructional and training material for installation, operation, or routine maintenance and repair of items, components, or processes delivered or furnished for use under this contract; and all other data delivered under this contract unless provided otherwise for limited rights data or restricted computer software. 6.25.9.2 The contractor shall have the right to: use, release to others, reproduce, distribute, or publish any data first produced or specifically used by the contractor in the performance of this contract, unless provided otherwise in this clause; protect from unauthorized disclosure and use those data which are limited rights data or restricted computer software to the extent provided in this clause; substantiate use of, add or correct limited rights, restricted rights, or copyright notices and to take other appropriate action in accordance with this clause; and establish claim to copyright subsisting in data first produced in the performance of this contract to the extent provided below. 6.25.9.3 For data first produced in the performance of this contract, the contractor may establish, without prior approval of the PA, claim to copyright subsisting in scientific or technical articles based on or containing data first produced in the performance of this contract. The contractor grants the HAMC and others acting on its behalf a paid- up, non-exclusive, irrevocable, worldwide license in such copyrighted data to reproduce, prepare derivative works, distribute copies to the public, and perform or display publicly by or on behalf of the HAMC. 6.25.9.4 The contractor shall not, without the prior written permission of the contracting Officer, incorporate in data delivered under this contract any data not first produced in the performance of this contract and which contains copyright notice, unless the contractor identifies such data and grants the HAMC a license of the same scope as identified in the preceding paragraph. HOUSING AUTHORITY OF MARICOPA COUNTY (HAMC) Page 91 REQUEST FOR PROPOSALS (RFP) NO. 2018-12-002 Casa Bonitas Site Rehab 6.25.9.5 The HAMC agrees not to remove any copyright notices placed on data and to include such notices in all reproductions of the data. If any data delivered under this contract are improperly marked, the HAMC may either return the data to the contractor, or cancel or ignore the markings. 6.25.9.6 The contractor is responsible for obtaining from its subcontractors all data and rights necessary to fulfill the contractor's obligations under this contract. 6.25.9.7 Notwithstanding any provisions to the contrary contained in the contractor's standard commercial license or lease contract pertaining to any restricted computer software delivered under this contract, and irrespective of whether any such contract has been proposed prior to the award of this contract or of the fact that such contract may be affixed to or accompany the restricted computer software upon delivery, the contractor agrees the HAMC shall have the rights set forth below to use, duplicate, or disclose any restricted computer software delivered under this contract. The terms and conditions of this contract, including any commercial lease or licensing contract, shall be subject to the following procedures. 6.25.9.8 The restricted computer software delivered under this contract may not be used, reproduced, or disclosed by the HAMC except as provided below or as expressly stated otherwise in this contract. The restricted computer software may be: used or copied for use in or with the computer(s) for which it was acquired, including use at any HAMC location to which such computer(s) may be transferred; used or copied for use in or with backup computer if any computer for which it was acquired is inoperative; reproduced for safekeeping (archives) or backup purposes; modified, adapted, or combined with other computer software, provided that the modified, combined, or adapted portions of the derivative software incorporating any of the delivered, restricted computer software shall be subject to the same restrictions set forth in this contract; and used or copies for use in or transferred to a replacement computer. 6.25.10 Access to Records: Both parties hereby agree that the contractor will make available to the HAMC, HUD, the Comptroller General of the United States, or any of their duly authorized representatives (including retained auditors), any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purpose of making audit, examination, excerpts, and transcriptions. 6.25.11 Record Retention: The contractor further agrees that he/she shall retain all such records pertaining to this contract for a period of not less than 5 years after final payment, the completion of any services provided pursuant to this contract, or after all pending matters are closed. 6.25.12 Clean Air Act: For all contracts in excess of $100,000, both parties hereby agree to comply with all applicable standards, orders or requirements issued under HOUSING AUTHORITY OF MARICOPA COUNTY (HAMC) Page 92 REQUEST FOR PROPOSALS (RFP) NO. 2018-12-002 Casa Bonitas Site Rehab section 306 of the Clean Air Act (42 U.S.C. 1857(h), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR Part 15). 6.25.13 Energy Policy and Conservation Act: Both parties hereby agree to comply with all mandatory standards and policies relating to energy efficiency, which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871). 6.26 Additional Federally Required Orders/Directives: Both parties agree that they will comply with the following laws and directives that the HAMC has received from HUD and that these same clauses will be a part of any contract that ensues as a result of this RFP: 6.26.1 Executive Order 11061, as amended, which directs the Secretary of HUD to take all action which is necessary and appropriate to prevent discrimination by agencies that utilize federal funds. 6.26.2 Public Law 88-352, Title VI of the Civil Rights Act of 1964, which provides that no person in the United States shall, on the basis of race, color, national origin or sex, be excluded from participation in, denied the benefits of, or subjected to discrimination under any program or activity which receives federal financial assistance. The HAMC hereby extends this requirement to the Contractor and its private contractors. Specific prohibited discriminatory actions and corrective action are described in Chapter 2, Subtitle C, Title V of the Anti-Drug Abuse Act of 1988 (42 U.S.C. 19901 et.seq.). 6.26.3 Public Law 90-284, Title VIII of the Civil Rights Act of 1968, popularly known as the Fair Housing Act, which provides for fair housing throughout the United States and prohibits any person from discriminating in the sale or rental of housing, the financing of housing or the provision of brokerage services, including in any way making unavailable or denying a dwelling to any person because of race, color, religion, sex or national origin. Pursuant to this statute, the HAMC requires that the Contractor administer all programs and activities, which are related to housing and community development in such a manner as affirmatively to further fair housing. 6.26.4 The Age Discrimination Act of 1975, which prohibits discrimination on the basis of age. 6.26.5 Anti-Drug Abuse Act of 1988 (42 U.S.C. 11901 et. seq.). 6.26.6 HUD Information Bulletin 909-23 which is the following: 6.26.6.1 Notice of Assistance Regarding Patent and Copyright Infringement; 6.26.6.2 Clean Air and Water Certification; and 6.26.6.3 Energy Policy and Conversation Act. 6.26.7 That the funds that are provided by the HAMC and HUD hereunder shall not be used, directly or indirectly, to employ, award contract to, or otherwise engage the services of any debarred, suspended, or ineligible contractor. HOUSING AUTHORITY OF MARICOPA COUNTY (HAMC) Page 93 REQUEST FOR PROPOSALS (RFP) NO. 2018-12-002 Casa Bonitas Site Rehab 6.26.8 That none of the personnel who are employed in the administration of the work required by this contract shall, in any way or to any extent, be engaged in the conduct of political activities in violation of Title V, Chapter 15, of the United States Code. 6.26.9 That neither party has not colluded, conspired, connived or agreed, directly or indirectly, with any bidder or person, to put in a sham bid or to refrain from bidding, and has not in any manner, directly or indirectly, sought by agreement or collusion, or communication or conference, with any person, to fix the bid price of affiant or of any other bidder, to fix overhead, profit or cost element of said bid price, or that of any other bidder, or to secure any advantage against either party or any person interested in the proposed contract; and that all statement in said proposal or bid are true. 6.26.10 The mentioned herein of any statute or Executive Order is not intended as an indication that such statute or Executive Order is necessarily applicable nor is the failure to mention any statute or Executive Order intended as an indication that such statute or Executive Order is not applicable. In this connection, therefore each provision of law and each clause, which is required by law to be inserted in this agreement, shall be deemed to have been inserted herein, and this agreement shall be read and enforced as though such provision or clause had been physically inserted herein. If, through mistake or otherwise, any such provision is not inserted or is inserted incorrectly, this agreement shall forthwith be physically amended to make such insertion or correction upon the application of either party. HOUSING AUTHORITY OF MARICOPA COUNTY (HAMC) Page 94 REQUEST FOR PROPOSALS (RFP) NO. 2018-12-002 Casa Bonitas Site Rehab EXHIBIT I See Exhibit I dowload in Bid Sync HOUSING AUTHORITY OF MARICOPA COUNTY (HAMC) Page 95 REQUEST FOR PROPOSALS (RFP) NO. 2018-12-002 Casa Bonitas Site Rehab HOUSING AUTHORITY OF MARICOPA COUNTY (HAMC) Page 96 REQUEST FOR PROPOSALS (RFP) NO. 2018-12-002 Casa Bonitas Site Rehab HOUSING AUTHORITY OF MARICOPA COUNTY (HAMC) Page 97 REQUEST FOR PROPOSALS (RFP) NO. 2018-12-002 Casa Bonitas Site Rehab HOUSING AUTHORITY OF MARICOPA COUNTY (HAMC) Page 98 REQUEST FOR PROPOSALS (RFP) NO. 2018-12-002 Casa Bonitas Site Rehab HOUSING AUTHORITY OF MARICOPA COUNTY (HAMC) Page 99 REQUEST FOR PROPOSALS (RFP) NO. 2018-12-002 Casa Bonitas Site Rehab HOUSING AUTHORITY OF MARICOPA COUNTY (HAMC) Page 100 REQUEST FOR PROPOSALS (RFP) NO. 2018-12-002 Casa Bonitas Site Rehab Exhibit M BID BOND RFP No. 2012-12-002 KNOW ALL MEN BY THESE PRESENTS: That, ____________________, as Principal, (hereinafter called the Principal), and the ______________________, a corporation duly organized under the laws of the State of _____________, as Surety, (hereinafter called the Surety), are held and firmly bound unto Housing Authority of Maricopa County (hereinafter called the Obligee), in the sum of five percent (5%) of the total amount of the bid of Principal, submitted by the Principal to the Obligee for the work described below, for the payment of which sum, well and truly to be made, the said principal and the said surety, bind themselves their heirs, executors, and administrators, successors and assigns, jointly and severally, firmly by these presents, and in conformance with the Arizona Revised Statutes. WHEREAS, the said Principal is herewith submitting its proposal for ______________________________________________________________________ NOW, THEREFORE, if the Obligee shall accept the proposal of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of the proposal and give the Bonds and Certificates of Insurance as specified in the Standard Specifications with good and sufficient Surety for the faithful performance of the contract and for the prompt payment of labor and material furnished in the prosecution of the contract, or in the event of the failure of the Principal to enter into the contract and give the bonds and Certificates of Insurance, if the Principal pays to the Obligee the difference not to exceed the penalty of the bond between the amount specified in the proposal and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by the proposal then this obligation is void. Otherwise it remains in full force and effect provided, however, that this bond is executed pursuant to the provisions of Section 34-201, Arizona Revised Statutes, and all liabilities on this bond shall be determined in accordance with the provisions of the section to the extent as if it were copied at length herein. Signed and sealed this _______ day of ________________, 2012. Agent of Record, State of AZ________ Principal____________________ Agent Address___________ ________ By:________________________ (Name & Title) (Seal here) AZ Cert. Of Authority # _____________ Surety _____________________ Bond Number ____________________ By: ________________________ (Name & Title) (Seal here) Power of Attorney By: ________________________ (Seal here) HOUSING AUTHORITY OF MARICOPA COUNTY (HAMC) Page 101