4366_PH_Asphalt_Shingle_Replacement_Agreement.pdf
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City Clerk Document No.
Public Housing Authority Commission Meeting Date:
August 23, 2021
CITY OF CHANDLER SERVICES AGREEMENT
PUBLIC HOUSING ASPHALT SHINGLE REPLACEMENT
CITY OF CHANDLER AGREEMENT NO. HO2-910-4366
THIS AGREEMENT (Agreement) is made and entered into by and between the City of Chandler, an Arizona
municipal corporation (City), and Boyjin Development, LLC, an Arizona Limited Liability Company
(Contractor), (City and Contractor may individually be referred to as Party and collectively referred to as
Parties) and made
, 20
(Effective Date).
RECITALS
A. City proposes to provide roofing services as more fully described in Exhibit A, which is attached to and
made a part of this Agreement by this reference.
B. Contractor is ready, willing, and able to provide the services described in Exhibit A for the compensation
and fees set forth and as described in Exhibit B, which is attached to and made a part of this Agreement by
this reference.
C. City desires to contract with the Contractor to provide these services under the terms and conditions set
forth in this Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the premises and the mutual promises contained in this
Agreement, City and Contractor agree as follows:
SECTION I: DEFINITIONS
For purposes of this Agreement, the following definitions apply:
Agreement means the legal agreement executed between the City and the Contractor
City means the City of Chandler, Arizona
Contractor means the individual, partnership, or corporation named in the Agreement
Days means calendar days
May, Should means something that is not mandatory but permissible
Shall, Will, Must means a mandatory requirement
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SECTION II: CONTRACTOR’S SERVICES
Contractor must perform the services described in Exhibit A to the City’s satisfaction within the terms and
conditions of this Agreement and within the care and skill that a person who provides similar services in
Chandler, Arizona exercises under similar conditions. All work or services furnished by Contractor under
this Agreement must be performed in a skilled and workmanlike manner. Unless authorized by the City
in writing, all fixtures, furnishings, and equipment furnished by Contractor as part of the work or services
under this Agreement must be new, or the latest model, and of the most suitable grade and quality for the
intended purpose of the work or service.
SECTION III: PERIOD OF SERVICE
Contractor must perform the services described in Exhibit A for the term of this Agreement.
Following execution of this Agreement by City, the Contractor will immediately commence work and will
complete all services described within 90 calendar days from the date the Contractor is notified to proceed.
LIQUIDATED DAMAGES: The CONTRACTOR understands that if Substantial Completion is not attained
within the Contract Time as adjusted, the City will suffer damages, which are difficult to determine and
accurately specify. The CONTRACTOR agrees that if Substantial Completion is not attained within the
Contract Time as adjusted, the CONTRACTOR will pay as liquidated damages the amount of $100 per
calendar day.
SECTION lV: PAYMENT OF COMPENSATION AND FEES
Unless amended in writing by the Parties, Contractor's compensation and fees as more fully described in
Exhibit B for performance of the services approved and accepted by the City under this Agreement must
not exceed $130,249.70. Contractor must submit requests for payment for services approved and accepted
during the previous billing period and must include, as applicable, detailed invoices and receipts, a
narrative description of the tasks accomplished during the billing period, a list of any deliverables
submitted, and any subcontractor’s or supplier’s actual requests for payment plus similar narrative and
listing of their work. Payment for those services negotiated as a lump sum will be made in accordance with
the percentage of the work completed during the preceding billing period. Services negotiated as a not-to-
exceed fee will be paid in accordance with the work completed on the service during the preceding month.
All requests for payment must be submitted to the City for review and approval. The City will make payment
for approved and accepted services within 30 days of the City’s receipt of the request for payment.
Contractor bears all responsibility and liability for any and all tax obligations that result from Contractor’s
performance under this Agreement.
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SECTION V: GENERAL CONDITIONS
5.1 Records/Audit. Records of the Contractor's direct personnel payroll, reimbursable expenses pertaining
to this Agreement and records of accounts between the City and Contractor must be kept on the basis of
generally accepted accounting principles and must be made available to the City and its auditors for up to
three years following the City’s final acceptance of the services under this Agreement. The City, its
authorized representative, or any federal agency, reserves the right to audit Contractor's records to verify
the accuracy and appropriateness of all cost and pricing data, including data used to negotiate this
Agreement and any amendments. The City reserves the right to decrease the total amount of Agreement
price or payments made under this Agreement or request reimbursement from the Contractor following
final contract payment on this Agreement if, upon audit of the Contractor's records, the audit discloses the
Contractor has provided false, misleading, or inaccurate cost and pricing data. The Contractor will include
a similar provision in all of its contracts with subcontractors providing services under the Agreement
Documents to ensure that the City, its authorized representative, or the appropriate federal agency, has
access to the subcontractors’ records to verify the accuracy of all cost and pricing data. The City reserves
the right to decrease Contract price or payments made on this Agreement or request reimbursement from
the Contractor following final payment on this Agreement if the above provision is not included in
subcontractor agreements, and one or more subcontractors refuse to allow the City to audit their records
to verify the accuracy and appropriateness of all cost and pricing data. If, following an audit of this
Agreement, the audit discloses the Contractor has provided false, misleading, or inaccurate cost and pricing
data, and the cost discrepancies exceed 1% of the total Agreement billings, the Contractor will be liable for
reimbursement of the reasonable, actual cost of the audit.
5.2 Alteration in Character of Work. Whenever an alteration in the character of work results in a substantial
change in this Agreement, thereby materially increasing or decreasing the scope of services, cost of
performance, or Project schedule, the work will be performed as directed by the City. However, before any
modified work is started, a written amendment must be approved and executed by the City and the
Contractor. Such amendment must not be effective until approved by the City. Additions to, modifications,
or deletions from this Agreement as provided herein may be made, and the compensation to be paid to
the Contractor may accordingly be adjusted by mutual agreement of the Parties. It is distinctly understood
and agreed that no claim for extra work done or materials furnished by the Contractor will be allowed by
the City except as provided herein, nor must the Contractor do any work or furnish any materials not
covered by this Agreement unless such work is first authorized in writing. Any such work or materials
furnished by the Contractor without prior written authorization will be at Contractor's own risk, cost, and
expense, and Contractor hereby agrees that without written authorization Contractor will make no claim
for compensation for such work or materials furnished.
5.3 Termination for Convenience. The City and the Contractor hereby agree to the full performance
of the covenants contained herein, except that the City reserves the right, at its discretion and without
cause, to terminate or abandon any service provided for in this Agreement, or abandon any portion
of the Project for which services have been performed by the Contractor. In the event the City
abandons or suspends the services, or any part of the services as provided in this Agreement, the City
will notify the Contractor in writing and immediately after receiving such notice, the Contractor must
discontinue advancing the work specified under this Agreement. Upon such termination,
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abandonment, or suspension, the Contractor must deliver to the City all drawings, plans,
specifications, special provisions, estimates and other work entirely or partially completed, together
with all unused materials supplied by the City. The Contractor must appraise the work Contractor has
completed and submit Contractor's appraisal to the City for evaluation. The City may inspect the
Contractor's work to appraise the work completed. The Contractor will receive compensation in full
for services performed to the date of such termination. The fee shall be paid in accordance with
Section IV of this Agreement, and as mutually agreed upon by the Contractor and the City. If there is
no mutual agreement on payment, the final determination will be made in accordance with the
Disputes provision in this Agreement. However, in no event may the payment exceed the payment
set forth in this Agreement nor as amended in accordance with Alteration in Character of Work. The
City will make the final payment within 60 days after the Contractor has delivered the last of the
partially completed items and the Parties agree on the final payment. If the City is found to have
improperly terminated the Agreement for cause or default, the termination will be converted to a
termination for convenience in accordance with the provisions of this Agreement.
5.4 Termination for Cause. The City may terminate this Agreement for Cause upon the occurrence of any
one or more of the following events: in the event that (a) the Contractor fails to perform pursuant to the
terms of this Agreement, (b) the Contractor is adjudged a bankrupt or insolvent, (c) the Contractor makes
a general assignment for the benefit of creditors, (d) a trustee or receiver is appointed for Contractor or
for any of Contractor’s property (e) the Contractor files a petition to take advantage of any debtor's act, or
to reorganize under the bankruptcy or similar laws, (f) the Contractor disregards laws, ordinances, rules,
regulations or orders of any public body having jurisdiction, or (g) the Contractor fails to cure default within
the time requested. Where Agreement has been so terminated by City, the termination will not affect any
rights of City against Contractor then existing or which may thereafter accrue.
5.5 Indemnification. The Contractor (lndemnitor) must indemnify, defend, save and hold harmless the
City and its officers, officials, agents and employees (lndemnitee) from any and all claims, actions,
liabilities, damages, losses or expenses (including court costs, attorneys' fees and costs of claim
processing, investigation and litigation) (Claims) caused or alleged to be caused, in whole or in part,
by the wrongful, negligent or willful acts, or errors or omissions of the Contractor or any of its owners,
officers, directors, agents, employees, or subcontractors in connection with this Agreement. This
indemnity includes any claim or amount arising out of or recovered under workers' compensation law
or on account of the failure of the Contractor to conform to any federal, state or local law, statute,
ordinance, rule, regulation or court decree. The Contractor must indemnify lndemnitee from and
against any and all Claims, except those arising solely from lndemnitee's own negligent or willful acts
or omissions. The Contractor is responsible for primary loss investigation, defense and judgment
costs where this indemnification applies. In consideration of the award of this Agreement, the
Contractor agrees to waive all rights of subrogation against lndemnitee for losses arising from or
related to this Agreement. The obligations of the Contractor under this provision survive the
termination or expiration of this Agreement.
5.6 Insurance Requirements. Contractor must procure insurance under the terms and conditions and
for the amounts of coverage set forth in Exhibit C against claims that may arise from or relate to
performance of the work under this Agreement by Contractor and its agents, representatives,
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employees, and subcontractors. Contractor and any subcontractors must maintain this insurance
until all of their obligations have been discharged, including any warranty periods under this
Agreement. These insurance requirements are minimum requirements for this Agreement and in no
way limit the indemnity covenants contained in this Agreement. The City in no way warrants that the
minimum limits stated in Exhibit C are sufficient to protect the Contractor from liabilities that might
arise out of the performance of the work under this Agreement by the Contractor, the Contractor’s
agents, representatives, employees, or subcontractors. Contractor is free to purchase such additional
insurance as may be determined necessary.
5.7 Cooperation and Further Documentation. The Contractor agrees to provide the City such other
duly executed documents as may be reasonably requested by the City to implement the intent of this
Agreement.
5.8 Notices. Unless otherwise provided, notice under this Agreement must be in writing and will be
deemed to have been duly given and received either (a) on the date of service if personally served on
the party to whom notice is to be given, or (b) on the date notice is sent if by electronic mail, or (c) on
the third day after the date of the postmark of deposit by first class United States mail, registered or
certified, postage prepaid and properly addressed as follows:
For the City
For the Contractor
Name:__Larry Mickel_________________________
Name:___Lance Boyajian______________________
Title:__Housing Project Coordinator__________
Title:___President______________________________
Address:_235 S. Arizona Ave. _________________
Address:__P.O. Box 1496______________________
___Chandler, AZ 85225________________________
___Glendale, AZ 85311_________________________
Phone:__480-782-3204________________________
Phone:__602-278-0211_________________________
Email:_larry.mickel@chandleraz.gov___________
Email:_office@absolutecomfortcooling.com____
5.9 Successors and Assigns. City and Contractor each bind itself, its partners, successors, assigns, and
legal representatives to the other party to this Agreement and to the partners, successors, assigns,
and legal representatives of such other party in respect to all covenants of this Agreement. Neither
the City nor the Contractor may assign, sublet, or transfer its interest in this Agreement without the
written consent of the other party. In no event may any contractual relation be created between any
third party and the City.
5.10 Disputes. In any dispute arising out of an interpretation of this Agreement or the duties required
not disposed of by agreement between the Contractor and the City, the final determination at the
administrative level will be made by the City Purchasing and Materials Manager.
5.11 Completeness and Accuracy of Contractor's Work. The Contractor must be responsible for the
completeness and accuracy of Contractor's services, data, and other work prepared or compiled
under Contractor's obligation under this Agreement and must correct, at Contractor's expense, all
willful or negligent errors, omissions, or acts that may be discovered. The fact that the City has
accepted or approved the Contractor's work will in no way relieve the Contractor of any of Contractor's
responsibilities.
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5.12 Withholding Payment. The City reserves the right to withhold funds from the Contractor's
payments up to the amount equal to the claims the City may have against the Contractor until such
time that a settlement on those claims has been reached.
5.13 City's Right of Cancellation. The Parties acknowledge that this Agreement is subject to
cancellation by the City under the provisions of Section 38-511, Arizona Revised Statutes (A.R.S.).
5.14 Independent Contractor. For this Agreement the Contractor constitutes an independent
contractor. Any provisions in this Agreement that may appear to give the City the right to direct the
Contractor as to the details of accomplishing the work or to exercise a measure of control over the
work means that the Contractor must follow the wishes of the City as to the results of the work only.
These results must comply with all applicable laws and ordinances.
5.15 Project Staffing. Prior to the start of any work under this Agreement, the Contractor must assign
to the City the key personnel that will be involved in performing services prescribed in the Agreement.
The City may acknowledge its acceptance of such personnel to perform services under this
Agreement. At any time hereafter that the Contractor desires to change key personnel while
performing under the Agreement, the Contractor must submit the qualifications of the new personnel
to the City for prior approval. The Contractor will maintain an adequate and competent staff of
qualified persons, as may be determined by the City, throughout the performance of this Agreement
to ensure acceptable and timely completion of the Scope of Services. If the City objects, with
reasonable cause, to any of the Contractor's staff, the Contractor must take prompt corrective action
acceptable to the City and, if required, remove such personnel from the Project and replace with new
personnel agreed to by the City.
5.16 Subcontractors. Prior to beginning the work, the Contractor must furnish the City for approval
the names of subcontractors to be used under this Agreement. Any subsequent changes are subject
to the City’s written prior approval.
5.17 Force Majeure. If either party is delayed or prevented from the performance of any act required
under this Agreement by reason of acts of God or other cause beyond the control and without fault
of the Party (financial inability excepted), performance of that act may be excused, but only for the
period of the delay, if the Party provides written notice to the other Party within ten days of such act.
The time for performance of the act may be extended for a period equivalent to the period of delay
from the date written notice is received by the other Party.
5.18 Compliance with Laws. Contractor understands, acknowledges, and agrees to comply with the
Americans with Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug Free
Workplace Act of 1989. All services performed by Contractor must also comply with all applicable City
of Chandler codes, ordinances, and requirements. Contractor agrees to permit the City to verify
Contractor’s compliance.
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5.19 No Israel Boycott. By entering into this Agreement, Contractor certifies that Contractor is not
currently engaged in, and agrees for the duration of the Agreement, not to engage in a boycott of
Israel as defined by state statute.
5.20 Legal Worker Requirements. A.R.S. § 41-4401 prohibits the City from awarding a contract to any
contractor who fails, or whose subcontractors fail, to comply with A.R.S. § 23-214(A). Therefore,
Contractor agrees Contractor and each subcontractor it uses warrants their compliance with all
federal immigration laws and regulations that relate to their employees and their compliance with§
23-214, subsection A. A breach of this warranty will be deemed a material breach of the Agreement
and may be subject to penalties up to and including termination of the Agreement. City retains the
legal right to inspect the papers of any Contractor’s or subcontractor’s employee who provides
services under this Agreement to ensure that the Contractor and subcontractors comply with the
warranty under this provision.
5.21 Lawful Presence Requirement. A.RS. §§ 1-501 and 1-502 prohibit the City from awarding a
contract to any natural person who cannot establish that such person is lawfully present in the United
States. To establish lawful presence, a person must produce qualifying identification and sign a City-
provided affidavit affirming that the identification provided is genuine. This requirement will be
imposed at the time of contract award. This requirement does not apply to business organizations
such as corporations, partnerships, or limited liability companies.
5.22 Covenant Against Contingent Fees. Contractor warrants that no person has been employed or
retained to solicit or secure this Agreement upon an agreement or understanding for a commission,
percentage, brokerage, or contingent fee, and that no member of the Chandler City Council, or any
City employee has any interest, financially, or otherwise, in Contractor’s firm. For breach or violation
of this warrant, the City may annul this Agreement without liability or, at its discretion, to deduct from
the Agreement price or consideration, the full amount of such commission, percentage, brokerage,
or contingent fee.
5.23 Non-Waiver Provision. The failure of either Party to enforce any of the provisions of this
Agreement or to require performance of the other Party of any of the provisions hereof must not be
construed to be a waiver of such provisions, nor must it affect the validity of this Agreement or any
part thereof, or the right of either Party to thereafter enforce each and every provision.
5.24 Disclosure of Information Adverse to the City’s Interests. To evaluate and avoid potential conflicts
of interest, the Contractor must provide written notice to the City, as set forth in this Section, of any
work or services performed by the Contractor for third parties that may involve or be associated with
any real property or personal property owned or leased by the City. Such notice must be given seven
business days prior to commencement of the services by the Contractor for a third party, or seven
business days prior to an adverse action as defined below. Written notice and disclosure must be sent
to the City’s Purchasing and Materials Manager. An adverse action under this Agreement includes, but
is not limited to: (a) using data as defined in the Agreement acquired in connection with this
Agreement to assist a third party in pursuing administrative or judicial action against the City; or (b)
testifying or providing evidence on behalf of any person in connection with an administrative or
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judicial action against the City; or (c) using data to produce income for the Contractor or its employees
independently of performing the services under this Agreement, without the prior written consent of
the City. Contractor represents that except for those persons, entities, and projects identified to the
City, the services performed by the Contractor under this Agreement are not expected to create an
interest with any person, entity, or third party project that is or may be adverse to the City’s interests.
Contractor's failure to provide a written notice and disclosure of the information as set forth in this
Section constitute a material breach of this Agreement.
5.25 Data Confidentiality and Data Security. As used in the Agreement, data means all information,
whether written or verbal, including plans, photographs, studies, investigations, audits, analyses, samples,
reports, calculations, internal memos, meeting minutes, data field notes, work product, proposals,
correspondence and any other similar documents or information prepared by, obtained by, or transmitted
to the Contractor or its subcontractors in the performance of this Agreement. The Parties agree that all
data, regardless of form, including originals, images, and reproductions, prepared by, obtained by, or
transmitted to the Contractor or its subcontractors in connection with the Contractor's or its
subcontractor’s performance of this Agreement is confidential and proprietary information belonging to
the City. Except as specifically provided in this Agreement, Contractor or its subcontractors must not
divulge data to any third party without the City’s prior written consent. Contractor or its subcontractors
must not use the data for any purposes except to perform the services required under this Agreement.
These prohibitions do not apply to the following data provided to the Contractor or its subcontractors have
first given the required notice to the City: (a) data which was known to the Contractor or its subcontractors
prior to its performance under this Agreement unless such data was acquired in connection with work
performed for the City; or (b) data which was acquired by the Contractor or its subcontractors in its
performance under this Agreement and which was disclosed to the Contractor or its subcontractors by a
third party, who to the best of the Contractor's or its subcontractors knowledge and belief, had the legal
right to make such disclosure and the Contractor or its subcontractors are not otherwise required to hold
such data in confidence; or (c) data which is required to be disclosed by virtue of law, regulation, or court
order, to which the Contractor or its subcontractors are subject. In the event the Contractor or its
subcontractors are required or requested to disclose data to a third party, or any other information to
which the Contractor or its subcontractors became privy as a result of any other contract with the City, the
Contractor must first notify the City as set forth in this Section of the request or demand for the data. The
Contractor or its subcontractors must give the City sufficient facts so that the City can be given an
opportunity to first give its consent or take such action that the City may deem appropriate to protect such
data or other information from disclosure. Unless prohibited by law, within ten calendar days after
completion or termination of services under this Agreement, the Contractor or its subcontractors must
promptly deliver, as set forth in this Section, a copy of all data to the City. All data must continue to be
subject to the confidentiality agreements of this Agreement. Contractor or its subcontractors assume all
liability to maintain the confidentiality of the data in its possession and agrees to compensate the City if
any of the provisions of this Section are violated by the Contractor, its employees, agents or subcontractors.
Solely for the purposes of seeking injunctive relief, it is agreed that a breach of this Section must be deemed
to cause irreparable harm that justifies injunctive relief in court. Contractor agrees that the requirements
of this Section must be incorporated into all subcontracts entered into by Contractor. A violation of this
Section may result in immediate termination of this Agreement without notice.
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5.26 Personal Identifying Information-Data Security. Personal identifying information, financial
account information, or restricted City information, whether electronic format or hard copy, must be
secured and protected at all times by Contractor and any of its subcontractors. At a minimum,
Contractor must encrypt or password-protect electronic files. This includes data saved to laptop
computers, computerized devices, or removable storage devices. When personal identifying
information, financial account information, or restricted City information, regardless of its format, is
no longer necessary, the information must be redacted or destroyed through appropriate and secure
methods that ensure the information cannot be viewed, accessed, or reconstructed. In the event that
data collected or obtained by Contractor or its subcontractors in connection with this Agreement is
believed to have been compromised, Contractor or its subcontractors must immediately notify the
City contact. Contractor agrees to reimburse the City for any costs incurred by the City to investigate
potential breaches of this data and, where applicable, the cost of notifying individuals who may be
impacted by the breach. Contractor agrees that the requirements of this Section must be incorporated
into all subcontracts entered into by Contractor. It is further agreed that a violation of this Section
must be deemed to cause irreparable harm that justifies injunctive relief in court. A violation of this
Section may result in immediate termination of this Agreement without notice. The obligations of
Contractor or its subcontractors under this Section must survive the termination of this Agreement.
5.27 Jurisdiction and Venue. This Agreement is made under, and must be construed in accordance
with and governed by the laws of the State of Arizona without regard to the conflicts or choice of law
provisions thereof. Any action to enforce any provision of this Agreement or to obtain any remedy
with respect hereto must be brought in the courts located in Maricopa County, Arizona, and for this
purpose, each Party hereby expressly and irrevocably consents to the jurisdiction and venue of such
court.
5.28 Survival. All warranties, representations, and indemnifications by the Contractor must survive
the completion or termination of this Agreement.
5.29 Modification. Except as expressly provided herein to the contrary, no supplement, modification,
or amendment of any term of this Agreement will be deemed binding or effective unless in writing
and signed by the Parties.
5.30 Severability. If any provision of this Agreement or the application to any person or circumstance
may be invalid, illegal or unenforceable to any extent, the remainder of this Agreement and the
application will not be affected and will be enforceable to the fullest extent permitted by law.
5.31 Integration. This Agreement contains the full agreement of the Parties. Any prior or
contemporaneous written or oral agreement between the Parties regarding the subject matter is
merged and superseded.
5.32 Time is of the Essence. Time of each of the terms, covenants, and conditions of this Agreement
is hereby expressly made of the essence.
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5.33 Date of Performance. If the date of performance of any obligation or the last day of any time
period provided for should fall on a Saturday, Sunday, or holiday for the City, the obligation will be
due and owing, and the time period will expire, on the first day after which is not a Saturday, Sunday
or legal City holiday. Except as may otherwise be set forth in this Agreement, any performance
provided for herein will be timely made if completed no later than 5:00 p.m. (Chandler time) on the
day of performance.
5.34 Delivery. All prices are F.O.B. Destination and include all delivery and unloading at the specified
destinations. The Contractor will retain title and control of all goods until they are delivered and accepted
by the City. All risk of transportation and all related charges will be the responsibility of the Contractor. All
claims for visible or concealed damage will be filed by the Contractor. The City will notify the Contractor
promptly of any damaged goods and will assist the Contractor in arranging for inspection.
5.35 Third Party Beneficiary. Nothing under this Agreement will be construed to give any rights or
benefits in the Agreement to anyone other than the City and the Contractor, and all duties and
responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of
City and the Contractor and not for the benefit of any other party.
5.36 Conflict in Language. All work performed must conform to all applicable City of Chandler codes,
ordinances, and requirements as outlined in this Agreement. If there is a conflict in interpretation
between provisions in this Agreement and those in the Exhibits, the provisions in this Agreement
prevail.
5.37 Document/Information Release. Documents and materials released to the Contractor, which are
identified by the City as sensitive and confidential, are the City’s property. The document/material
must be issued by and returned to the City upon completion of the services under this Agreement.
Contractor’s secondary distribution, disclosure, copying, or duplication in any manner is prohibited
without the City’s prior written approval. The document/material must be kept secure at all times. This
directive applies to all City documents, whether in photographic, printed, or electronic data format.
5.38 Exhibits. The following exhibits are made a part of this Agreement and are incorporated by
reference:
Exhibit A - Project Description/Scope of Services
Exhibit E – Wage Decision
Exhibit B - Compensation and Fees
Exhibit F -Bond Documents
Exhibit C - Insurance Requirements
Exhibit G- HUD Documents
Exhibit D - Special Conditions
5.39 Special Conditions. As part of the services Contractor provides under this Agreement, Contractor
agrees to comply with and fully perform the special terms and conditions set forth in Exhibit D, which
is attached to and made a part of this Agreement.
5.40 Cooperative Use of Agreement. In addition to the City of Chandler and with approval of the
Contractor, this Agreement may be extended for use by other municipalities, school districts and
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government agencies of the State. Any such usage by other entities must be in accordance with the
ordinance, charter and/or procurement rules and regulations of the respective political entity.
If required to provide services on a school district property at least five times during a month, the
Contractor will submit a full set of fingerprints to the school of each person or employee who may
provide such service. The District will conduct a fingerprint check in accordance with A.R.S. 41-1750
and Public Law 92-544 of all Contractors, subcontractors or vendors and their employees for which
fingerprints are submitted to the District. Additionally, the Contractor will comply with the governing
body fingerprinting policies of each individual school district/public entity. The Contractor, sub-
contractors, vendors and their employees will not provide services on school district properties until
authorized by the District.
Orders placed by other agencies and payment thereof will be the sole responsibility of that agency.
The City will not be responsible for any disputes arising out of transactions made by other agencies
who utilize this Agreement.
5.41 Non-Discrimination and Anti-Harassment Laws. Contractor must comply with all applicable City,
state, and federal non-discrimination and anti-harassment laws, rules, and regulations.
5.42 Licenses and Permits. Beginning with the Effective Date and for the full term of this Agreement,
Contractor must maintain all applicable City, state, and federal licenses and permits required to fully
perform Contractor’s services under this Agreement.
5.43 Warranties. Contractor must furnish a one-year warranty on all work and services performed
under this Agreement. Contractor must furnish, or cause to be furnished, a two-year warranty on all
fixtures, furnishings, and equipment furnished by Contractor, subcontractors, or suppliers under this
Agreement. Any defects in design, workmanship, or materials that do not comply with this Agreement
must be corrected by Contractor (including, but not limited to, all parts and labor) at Contractor’s sole
cost and expense. All written warranties and redlines for as-built conditions must be delivered to the
City on or before the City’s final acceptance of Contractor’s services under this Agreement.
5.44 Emergency Purchases. City reserves the rights to purchase from other sources those items,
which are required on an emergency basis and cannot be supplied immediately by the Contractor.
5.45 Non-Exclusive Agreement. This agreement is for the sole convenience of the City of Chandler.
The City reserves the right to obtain like goods or services from another source when necessary.
5.46 Performance and Payment Bonds. At the time City issues Notice of Contract Award, Contractor must
provide a Performance Bond and a Payment Bond, each in an amount equal to the full amount of the
Contract Price.
Each such bond must be executed by a surety company or companies holding a Certificate of Authority to
transact surety business in the State of Arizona, issued by the Director of the Arizona Department of
Insurance and must be named in the current list of "Companies Holding Certificates of Authority as
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Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular
570 (amended) by the Audit Staff Bureau of Accounts, U.S. Treasury Department. A copy of the Certificate
of Authority must accompany the bonds. The Certificate must have been issued or updated within two (2)
years prior to the execution of this Agreement. The bonds must be written or countersigned by an
authorized representative of the surety who is either a resident of the state of Arizona or whose principal
office is maintained in this state, as by law required.
The bonds must be made payable and be acceptable to City. The bond forms for the performance and
payment bonds must be in the forms required under A.R.S. § 34-221, et. Seq., as in Appendices 4 and 5 of
these General Conditions.
Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering
payment of obligations arising under the Contract Documents, Contractor must promptly furnish a copy
of the bonds or must permit a copy to be made.
All bonds submitted for this Project must be provided by a company which has been rated AM Best rating
of A- or better for the prior four quarters by the latest edition of the ‘Results Best’s Key Rating Guide
(Property/Casualty)” published by the A.M. Best Company.
5.47 Budget Approval Into Next Fiscal Year. This Agreement will commence on the Effective Date and
continue in full force and effect until it is terminated or expires in accordance with the provisions of this
Agreement. The Parties recognize that the continuation of this Agreement after the close of the City's fiscal
year, which ends on June 30 of each year, is subject to the City Council's approval of a budget that includes
an appropriation for this item as expenditure. The City does not represent that this budget item will be
actually adopted. This determination is solely made by the City Council at the time Council adopts the
budget.
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Contractor
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EXHIBIT A TO AGREEMENT
SCOPE OF SERVICES
Public Housing Asphalt Shingle Replacements
Contractor will provide asphalt shingle roofing removal and replacement on 10 public homes in the City
of Chandler. The Contractor shall supply all materials, equipment, labor, services, and transportation
required to perform the work in a complete and professional manner.
The Department of Housing & Urban Development (HUD) funds this project. Contractor shall comply
with the HUD requirements as noted in the HUD documents included. This is a Labor Standards Act,
Davis-Bacon and Related Acts (DBRA) wage rate project. Workers shall receive the minimum wage rate
and fringe benefits for the work classification.
1 SCOPE OF WORK: The work under this contract is at 10 public housing single family homes
located within the City of Chandler, listed in the Pricing Sheet (Exhibit B).
The work under this contract shall include the removal and replacement of all roofing materials
consisting of shingles, felt, nails, drip edge, flashing, roof jacks, deteriorated plywood/substrate
and deteriorated framing members identified for replacement on selected building. All
demolished roofing debris shall be disposed of legally. The replacements of roofing shall be with
new materials as specified in these documents.
This project occurs on occupied homes where the protection of the residents and the public is
essential. The contractor is responsible to maintain a safe work site at all times. The Contractor is
responsible to notify the tenant within 48 hours of commencing of work. Refer to section 5 for
notification requirements.
All demolition and roofing replacement work shall conform to applicable regulations, codes, and
ordinances of local, State and Federal authorities.
1.1 DEMOLITION (Tear-off):
1.1.1 Contractor shall coordinate and schedule work so buildings will have a dry roof at the
end of each day. No roof shall be exposed to the elements overnight or on weekends.
1.1.2 Contractor shall conduct a site visit to ascertain required protective measures before
proceeding with demolition and removal work.
1.1.3 Contractor shall protect public and private property adjacent to and on the job site,
including landscaping, vents, utility lines, streets, sidewalks, light standards, hydrants,
street signs, mailboxes, and fire alarm boxes.
1.1.4 Contractor shall have at least one person in charge of operations on the ground during
roofing removal operations. This person shall be cognizant of residents and other
persons in the work area and shall remove debris that may obstruct passage or
otherwise present a danger to residents.
1.1.5 Contractor shall remove all of the existing roof shingles, nails, staples, felt/membrane
underlayment, metal drip edge, roof jacks, existing rooftop vents, and other flashing
from all identified buildings and legally dispose of debris. Roof-overs are not permitted.
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1.1.6 Contractor shall remove from the Owner's property and legally dispose of materials or
items demolished.
1.1.7 Contractor shall park the haul vehicle/trailer on the driveway. Parking in the yard is not
permitted.
1.1.8 Contractor will ensure that all vent piping, flu piping, condensate lines, etc. are properly
connected.
1.2 CARPENTRY:
1.2.1 Contractor shall verify that the existing sheathing, fascia, shingle mold and framing
members are in good condition; identify areas that show evidence of damage and/or
deterioration. Under the direction of the Contract Administrator, the Contractor will
replace identified defective or deteriorated fascia, shingle mold, eave sheathing and
roof sheathing. Provide unit pricing for these repairs in the Schedule of Unit Prices in
Exhibit B.
1.2.2 Contractor will remove identified fascia and replace with same size, kiln dried, rough
sawn, appearance grade, exterior use, Spruce #2 & BTR fascia. The fascia shall be
fastened with two 16d galvanized nails at each truss tail. All splices and corners must
be mitered at 45-degree angles. Include a cost per linear foot for the replacement of
fascia and painting in the Schedule of Unit Prices.
1.2.3 Contractor shall remove identified shingle mold and replace with 1” x 2” rough sawn
and primer painted shingle mold. Shingle mold removed with fascia shall also be
replaced with the same. Splices and corners must be mitered at 45-degree angles.
Include a cost per linear foot for the replacement of shingle mold and painting in the
Schedule of Unit Prices.
1.2.4 Contractor will replace all identified roof and eave sheathing as directed by the
Contract Administrator. Install sheathing so no seam exceeds 1/4” and center edges
on trusses. Blocking will be installed where necessary so seam requirements can be
maintained. Existing seams exceeding 3/8” will be covered with 24 gauge sheet metal
flashing prior to the installation of any roofing materials. Wood structural panel roof
sheathing shall comply with the U.S. Department of Commerce standard PS 1 or PS 2.
1.2.5 Replacement roof sheathing shall be 15/32” Oriented Strand Board (OSB), APA Rated
Sheathing, PS2-04, Exposure 1. Full 4’ x 8’ sheets shall be replaced except at ridges or
unless circumstances make it impractical. Sheathing shall be nailed, with 8D nails
spaced 6” on center on the edges and 12” on center in the field. Perimeter spacing
around replacement panels shall be a minimum of 1/8”. Contractor will install ‘H’ clips
on replacement sheathing in between trusses. Include a cost per 4’ x 8’ sheet for the
replacement of 15/32” OSB in the Schedule of Unit Prices
1.2.6 Replacement eave/overhang sheathing shall be ½” CCX, 5-Ply plywood. Full 4’ x 8’
sheets of sheathing will be replaced unless circumstances make it impractical.
Sheeting will be nailed, with 8D nails spaced 6” on center on the edges and 12” on
center in the field. Contractor will install ‘H’ clips on the replacement sheathing in
between trusses. The underside/exposed side of the eave sheathing shall be primed
and painted with two coats of paint. Include a cost per 4’ x 8’ sheet for the
replacement of 15/32” CCX Plywood and painting in the Schedule of Unit Prices.
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1.2.7 Lifting of all roof mounted equipment so new roofing materials and substrate is the
Contractor’s responsibility and related costs shall be included.
1.3 SHINGLE ROOFING INSTALLATION:
1.3.1 Contractor shall comply with instructions, installation details, and recommendations
of the shingle and roofing materials manufacturer, except to the extent more
stringent requirements are indicated in theses contract documents.
1.3.2 Proceed with roofing installation only after required substrate repairs have been
made and approved by the Contract Administrator.
1.3.3 Clean substrate of any projections and substances detrimental to shingling work.
Cover minor holes and voids in substrate with sheet metal flashing secured with
roofing nails. Sweep/blow substrate clean before application of underlayment and
membrane
1.3.4 No roofing work is permitted in the rain.
1.3.5 All roofing materials must be free of asbestos.
1.3.6 Apply two (2) layers of ASTM D226 Type II (#30) or ASTM D4869 Type IV (#30) felt
paper, lapped 19 inches on horizontal seams (36-inch-wide roll), and 6 inches on
vertical seams.
1.3.7 Fasten underlayment in a grid pattern of 12 inches between side laps with 6-inch
spacing at the side laps. Secure underlayment using metal cap nails or cap staples
with a nominal cap diameter of not less than 1 inch. Metal caps shall have a thickness
of not less than 32-gage sheet metal. Power driven metal caps shall have a minimum
thickness of 0.010 inch. The cap nail shank shall be not less than 0.083 inch for ring
shank cap nails and 0.091 inch for smooth shank cap nails. Staples shall be minimum
16-gauge galvanized steel with a minimum crown of 15/16”. Cap nail shank and cap
staple legs shall have a length sufficient to penetrate through the roof sheathing or
not less than ¾ inch into the roof sheathing.
1.3.8 All valleys shall receive a cross-laminated, high density self-adhering polyethylene
membrane, 40 mils thick, 36” wide, with non-skid surface. The membrane must be
compatible with shingles and asphalt saturated felt underlayment. Acceptable
products include; W.R. Grace - Ice and Water Shield - 40 mil, CertainTeed - Winter
Guard, GAF – Storm Guard, Owens Corning - Deck Dry, EMCO-Proguard
Waterproofing Membrane or approved alternate.
1.3.9 All valley flashing shall be replaced with W-Valley Flashing, minimum 30 gauge
galvanized steel, 24” wide x 10’ length. Paint to closely match the shingle color.
1.3.10 All Plumbing pipe and electrical conduit roof jacks shall be removed and replaced with
a minimum 26 gauge galvanized steel jacks and sized to match the existing pipe
penetration. All dryer, bathroom(s) and kitchen exhaust duct T-top roof jacks shall be
replaced with a minimum 26 gauge galvanized steel T-top jacks sized to match the
existing vent size. All gas water heater, dryer and range vent roof jacks shall be
replaced with a minimum 26 gauge galvanized steel jack. The existing gas vent flu
and caps are to remain. All abandoned roof penetrations and jacks shall be removed
and patched. Paint all roof-jacks and T-tops to closely match the shingle color.
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1.3.11 All existing dormer attic vents shall be removed and replaced with the same style of
vent. The dormer vent must be made of a minimum 26 gauge galvanized steel with a
minimum 100 square inches of net free area. Paint to closely match the shingle color.
1.3.12 All existing attic turbine vents shall be replace with the same style of vent and painted
to closely match the shingle color.
1.3.13 All metal drip edge and damaged batten shall be replaced with 2” x 2”, 28 gauge
galvanized steel brown drip edge flashing. The brown drip edge does not need to be
painted to match the fascia. Batten shall be painted to match existing color.
1.3.14 All sidewall flashing shall be replaced with 28 gauge galvanized steel flashing.
1.3.15 The roof shingles and ridge cap shingles shall be ASTM D7158 Class G or H high-wind
rated shingles. The roof shingles shall have a 30-year warranty with Painted
Desert in (color) shingles or approved alternate.
1.3.16 All the shingles shall have the same lot number on the same roof.
1.3.17 The installation of shingles and all roofing materials shall be in compliance with the
manufacturer’s recommendations. A starter course shall be used on all roof edges
and valleys. Inverting a course of shingles is not an Acceptable Starter Course.
Shingles shall be fastened per high wind fastening requirements. The open valley
shingle application will be used with the use of the W-valley flashing, cut shingles back
three inches from the centerline of the valley. Use horizontal and vertical chalk lines
to ensure straight coursing. Shingles which have nail over-penetration will be
rejected. Nails shall not penetrate the exposed side of the eave sheathing.
1.3.18 Contractor will lift A/C units and shingle under. The Contractor will be responsible for
repairing any damage to the A/C unit, ductwork, sealing, electrical, and gas lines as a
result of this project.
1.3.19 Contractor shall use self-adhering felt underlayment and roll roofing on patios and
flat roofs.
1.4 PAINTING:
1.4.1 Contractor shall prime and paint all new/replacement exposed wood and the
underside of eave and patio plywood.
1.4.2 Contractor will use properly sized nails or staples on overhangs so they do not
penetrate through to the underside.
1.4.3 Contractor shall supply all primer, paint, and caulking. Paint color to match original.
Primer paint will be Dunn-Edwards EZ-Prime Premium (EZPR00-1) and paint shall be
Dunn-Edwards Evershield 40 (EVSH40-5) or approved alternate. Caulking must be a
minimum 35-year acrylic latex and paintable.
1.4.4 The Contractor shall match paint colors by taking field samples to the supplier for
color matching.
1.4.5 All exposed metal roof flashing; roof-jacks, T-tops, and dormer vents shall be painted
to closely match the shingle color. The metal must be clean and free of oil before
painting. Use a self-priming enamel based paint that is designed for painting metal
surfaces. The brown drip edge is not required to be painted.
2 PROJECT LOCATION:
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2.1 All houses are located within the City of Chandler. The building addresses are listed on the
Pricing sheet in Exhibit B.
3 PERMITS & LICENSING: The scope of work as described in these contract documents do not
require a building permit from the City of Chandler. The selected Contractor is responsible for any
other permitting and licensing required by Federal, State and Local agencies associated with this
project and roofing services.
4 WORK SCHEDULE:
4.1 Contractor will only be allowed to work Monday through Friday between the hours of 7:00
AM to 4:00 PM, excluding City holidays. Exceptions would be for work deemed as an
emergency or requiring immediate attention.
4.2 Contractor shall have a designated point of contact either a foreman or superintendent on
site during roofing operations.
4.3 Contractor shall remove all equipment, materials, and debris from the site on a daily basis.
Storing roofing materials (other than packaged shingles) on the roof is not permitted.
4.4 Contractor shall coordinate and schedule work so roofs are dried in at the end of each day.
4.5 Contractor shall coordinate and schedule work so no roof is left un-shingled over the
weekend.
5 RESIDENT NOTIFICATION:
5.1 Prior to starting any work, the selected Contractor must notify each resident, in writing, a
minimum of 48 hours in advance, prior to entering the property. This will be
accomplished with either a 3-part door hanger in both English and Spanish to be left on each
door accessible from the front of the property, or a mailed letter in both English and Spanish.
If a mailed letter is used, the Contractor must allow for sufficient transit time. The door
hanger or letter will include the following information: Reference Type Work Being Done ,
Notice Date, Project Address, Project Start Date, Project Completion Date, Work Hours,
Special Instructions , Name, Address and Phone Number of Company, Contact Person, and
24 Hour Emergency Phone Number. The door hanger or letter must be pre-approved by the
Contract Administrator prior to being used. A copy of each door hanger or letter will be
provided to the Contract Administrator.
5.2 In the event that the Contractor is unable to start a previously notified unit (i.e. rain, labor
dispute, material shortage, schedule change, lack of workers, etc.), the Contractor will be
required to re-notify that resident with another 48-hour door hanger or letter.
6 CONTRACTOR QUALIFICATIONS:
6.1 The Contractor or Subcontractor performing the work shall have a current and valid Arizona
Registrar of Contractors CR-42 Roofing licenses.
6.2 The Contractor or Subcontractor performing the work shall have a minimum of five (5) years
of experience as a licensed Arizona roofing Contractor.
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7 SUBMITTALS:
7.1 Before ordering any materials, the Contractor shall be required to provide to the Contract
Administrator a sample of all roofing materials, along with manufacturer’s cut sheets, and
installation instructions.
7.2 All required HUD documentation indicated in these Contract documents must be read,
properly completed, signed, and returned.
7.3 Certified Payroll Reports are due weekly.
7.4 All employees of the Contractor and/or Sub-Contractor(s) will be subject to a Federal Labor
Standards Employee Interviews.
7.5 All required Davis-Bacon notifications shall be posted at the work sites.
7.6 Section 3 forms are due with each pay application. Other HUD forms as directed by the
Contract Administrator
7.7 Manufacturer’s warranty on roofing materials after final acceptance.
7.8 Tenant notification sample letter or door hanger in English and Spanish for Contract
Administrator approval.
7.9 Contractor shall provide a safety action plan for review and approval by the City.
8 QUALITY CONTROL
8.1
All material shall be new free of material defects, and of the specified quality.
8.2
Contractor will install all materials per manufacturer’s recommendations, specifications, and
code requirements.
8.3
Where not more specifically described in any of the contract documents, workmanship shall
conform to all of the methods and operations of best standards and accepted practices of
the trade or trades involved, and shall include all items of fabrication, construction, or
installation regularly furnished or required for completion of the services. All work shall be
executed by personnel skilled in their respective lines of work.
8.4
Contractor will verify style and color of shingles before ordering. The Contract
Administrator reserves the right to reject any shingles and/or ridge caps that do not match
in style and/or color. It will be the Contractor’s responsibility to remove and replace any
rejected materials, shingles or ridge cap at the Contractor’s expense.
8.5
Shingles will be free of cracks, tears, blemishes and defects. The Contract Administrator will
have the authority to reject any material or workmanship that he/she feels is not of
specified type or new condition or does not match in color or style.
8.6
Contract Administrator shall have the authority to reject any material or workmanship that
he/she feels is not within code, specified type, or quality as specified. The Contractor will
correct or replace rejected work at no additional expense to the City.
8.7
Contractor shall proceed with roofing installation only after all substrate, framing and
related repairs has been inspected and accepted by the Contract Administrator.
8.8
Contractor shall proceed with roofing installation only when weather conditions are in
compliance with the manufacturer’s recommendations and when substrate is completely
dry.
8.9
Contractor will have supervisor on site during operations who has the ability to answer
questions or complaints, and the authority to make independent decisions on short notice.
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8.10 Contractor shall complete one roof with the required inspections during installation before
proceeding with the remaining buildings. Once accepted, this roof will set the standard for
the remaining buildings.
8.11 Upon completion of work, the Contractor will notify the Contract Administrator and an
inspection will be conducted prior to release of payment. Any unfinished work noted during
this inspection will be identified on a “punch‐list” and will be furnished to the Contractor with
a time line for completion of these items. Items identified, along with all closeout documents,
must be completed prior to final payment being issued.
9 SAFETY AND SITE PROTECTION
9.1
This project occurs on occupied homes where the protection of the residents and the
public is essential. The houses will be occupied during reroofing operations. It is the
responsibility of the Contractor to maintain site safety during the re-roofing process.
9.2
Contractor shall submit a written safety plan to the City for approval.
9.3
Contractor shall have a dedicated safety monitor on site while work is being performed.
The safety monitor’s sole task will be to perform safety monitoring and make sure the
approved safety plan is being implemented.
9.4
In the event of a safety violation, accident or safety monitor not being present, the
project shall be shut down immediately and work shall not proceed until a safety meeting
has been conducted with the City and safety infractions have been resolved.
9.5
The Contractor shall be responsible for all means and methods as they relate to safety and
shall comply with all applicable local, state and federal requirements that are safety
related.
9.6
The Contractor shall be responsible for providing, barricades, flagging, caution tape and
other safety and traffic control equipment required to protect its employees, the public,
residents, surrounding areas and vehicles.
9.7
In conjunction the with safety plan, the Contractor shall barricade and caution tape the
perimeter of the house while work is being performed.
9.8
All demolition and roofing work shall be performed in compliance with OSHA regulations.
9.9
Worker fall protection compliance per OSHA CFR 1926 Subpart M – Fall Protection safety
regulations is required.
9.10
Contractor must take necessary safety precautions to prevent any work related safety
hazards for employees, residents and the public.
9.11
The houses shall have at least one unobstructed means egress at all time.
9.12
Contractor shall be responsible for cleaning, repairing, or replacement of any damage to the
City’s and/or resident’s property caused by the Contractor or Subcontractor(s) during the
removal or installation of the items associated with this project.
9.13
The Contractor will be responsible for immediately notifying the Contract Administrator of
any damage caused by the Contractor during contract activities.
10 SPECIAL CONSIDERATIONS AND CONTRACTOR RESPONSIBILITIES:
10.1
All roofing materials provided by the Contractor shall be 100% free of asbestos containing
materials. Roofing materials provided by the Contractor will be tested for asbestos by a
City representative at the City’s expense. If any Contractor installed materials are found to
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contain asbestos, it will be abated and replaced with asbestos free material at the
Contractor’s expense.
10.2
Coordinate and schedule work so all roofs are dried in at the end of each day.
10.3
Contractor shall cut air conditioning condensate lines six (6) inches below the unit for
removal and use a PVC coupling and glue for reinstallation. Condensate lines shall be re-
secured, to the roof, with a single-hole galvanized pipe clamp every five feet.
11 ASBESTOS CONTAINING MATERIALS: All properties listed in this scope of work have been tested
for asbestos containing materials on the roofing system.
11.1
Roofs were inspected in accordance with Maricopa County and National Emission
Standards for Hazardous Air Pollutant (NESHAP) requirements for asbestos. Each asbestos
survey report was prepared in accordance with ASTM E 2356-04 (or the most current
version). Sampling of the roofing materials was conducted by Currently AHERA Certified
staff only. Analysis of samples was performed at National Voluntary Laboratory
Accreditation Program (NVLAP) certified laboratories. All asbestos survey reports for the
above addresses can be provided to the awarded Contractor upon request.
12 CLEANUP
12.1 All debris shall be removed from the site on a daily basis. City dumpsters and/or resident
trash containers shall not be used for disposal of any construction related material.
12.2 It is the Contractor’s responsibility to dispose of all material in an approved and lawful
method.
12.3 Contractor will keep sidewalks and driveways free of nails and staples.
12.4 Contractor shall use a magnetic rake to remove all nails and staples from the construction
area.
13 CONTRACTOR’S USE OF PREMISES
13.1 The Contractor’s employees shall be identified by company shirt and identification badge.
13.2 The Contractor shall provide his/her own storage facilities. There will be no on site storage
on this project.
13.3 The Contractor shall furnish restroom facilities for employees, or make other arrangements
with workers as where to report for restroom facilities. Resident restrooms are not to be
used.
13.4 The Contractor shall provide his/her own power for equipment and tools. Residents pay for
their own electricity therefore the use of onsite electricity/outlets is not permitted.
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EXHIBIT B
PRICING
Public Housing Roofing Replacements
(Price to include all labor, materials, equipment necessary to
complete work.)
House Address
Cost
1
696 N. EVERGREEN ST.
$10,269.31
2
2104 W. DETROIT ST.
$12,569.31
3
947 W. PARK AVE.
$10,729.31
4
1940 N. ILLINOIS ST.
$14,409.31
5
1217 W. BENTRUP ST.
$13,654.91
6
1190 W. OAKLAND ST
$12,155.31
7
2200 W. BUTLER DR.
$9,349.31
8
2305 W. STOTTLER DR.
$13,029.31
9
2617 E. COMMONWEALTH CIR
$12,109.31
10 98 W. OAKLAND ST.
$9,349.31
Schedule of Unit Prices
(Price to include all labor, materials, equipment necessary to complete work.)
Repair Item
Unit
Estimated Quantity
Cost
Roof Sheathing OSB-15/32"
4'x8' Sheet
34
$130
Eave Sheathing CCX-15/32"-
Painted
4'x8' Sheet
14
$165
Patio Sheathing
4'x8' Sheet
8
$165
2"x6" Fascia
Ln. Ft.
200
$16
1"x2" Shingle Mold
Ln. Ft.
200
$5
2"x4" Wood Framing
Ln. Ft.
25
$15
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EXHIBIT C TO AGREEMENT
INSURANCE
INSURANCE
General.
A.
At the same time as execution of this Agreement, the Contractor shall furnish the City a
certificate of insurance on a standard insurance industry ACORD form. The ACORD form
must be issued by an insurance company authorized to transact business in the State of
Arizona possessing a current A.M. Best, Inc. rating of A-7, or better and legally authorized to
do business in the State of Arizona with policies and forms satisfactory to City. Provided,
however, the A.M. Best rating requirement shall not be deemed to apply to required Workers’
Compensation coverage.
B.
The Contractor and any of its subcontractors shall procure and maintain, until all of their
obligations have been discharged, including any warranty periods under this Agreement are
satisfied, the insurances set forth below.
C.
The insurance requirements set forth below are minimum requirements for this Agreement
and in no way limit the indemnity covenants contained in this Agreement.
D.
The City in no way warrants that the minimum insurance limits contained in this Agreement
are sufficient to protect Contractor from liabilities that might arise out of the performance
of the Agreement services under this Agreement by Contractor, its agents, representatives,
employees, subcontractors, and the Contractor is free to purchase any additional insurance
as may be determined necessary.
E.
Failure to demand evidence of full compliance with the insurance requirements in this
Agreement or failure to identify any insurance deficiency will not relieve the Contractor from,
nor will it be considered a waiver of its obligation to maintain the required insurance at all
times during the performance of this Agreement.
F.
Use of Subcontractors: If any work is subcontracted in any way, the Contractor shall execute
a written contract with Subcontractor containing the same Indemnification Clause and
Insurance Requirements as the City requires of the Contractor in this Agreement. The
Contractor is responsible for executing the Agreement with the Subcontractor and obtaining
Certificates of Insurance and verifying the insurance requirements.
Minimum Scope and Limits of Insurance. The Contractor shall provide coverage with limits of liability not
less than those stated below.
A.
Commercial General Liability-Occurrence Form. Contractor must maintain “occurrence” form
Commercial General Liability insurance with a limit of not less than $2,000,000 for each
occurrence, $4,000,000 aggregate. Said insurance must also include coverage for products
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and completed operations, independent contractors, personal injury and advertising injury.
If any Excess insurance is utilized to fulfill the requirements of this paragraph, the Excess
insurance must be “follow form” equal or broader in coverage scope than underlying
insurance.
B.
Automobile Liability-Any Auto or Owned, Hired and Non-Owned Vehicles
Vehicle Liability: Contractor must maintain Business/Automobile Liability insurance with a
limit of $1,000,000 each accident on Contractor owned, hired, and non-owned vehicles
assigned to or used in the performance of the Contractor’s work or services under this
Agreement. If any Excess or Umbrella insurance is utilized to fulfill the requirements of this
paragraph, the Excess or Umbrella insurance must be “follow form” equal or broader in
coverage scope than underlying insurance.
C.
Workers Compensation and Employers Liability Insurance: Contractor must maintain Workers
Compensation insurance to cover obligations imposed by federal and state statutes having
jurisdiction of Contractor employees engaged in the performance of work or services under
this Agreement and must also maintain Employers’ Liability insurance of not less than
$1,000,000 for each accident and $1,000,000 disease for each employee.
D.
Builders’ Risk/Installation Floater Insurance. The Contractor bears all responsibility for loss to
all equipment or Work under construction. Unless waived in writing by the City the
Contractor will purchase and maintain in force Builders’ Risk/Installation Floater insurance
on the entire Work until completed and accepted by the City. This insurance will be Special
Causes of Loss policy form, (minimally including perils of fire, flood, lightning, explosion,
windstorm and hail, smoke, aircraft and vehicles, riot and civil commotion, theft, vandalism,
malicious mischief, and collapse), completed value, replacement cost policy form equal to
the contract price and all subsequent modifications. The Contractor’s Builders’
Risk/Installation Floater insurance must be primary and not contributory.
1. Builders’ Risk/Installation Floater insurance must cover the entire Work including
reasonable compensation for architects and Contractors’ services and expenses and
other “soft costs” made necessary by an insured loss. Builders’ Risk/Installation Floater
insurance must provide coverage from the time any covered property comes under the
Contractor’s control and or responsibility, and continue without interruption during
course of construction, renovation and or installation, including any time during which
any project property or equipment is in transit, off site, or while on site for future use or
installation. Insured property must include, but not be limited to, scaffolding, false work,
and temporary buildings at the site. This insurance must also cover the cost of removing
debris, including demolition as may be legally required by operation of any law,
ordinance, regulation or code.
2. The Contractor must also purchase and maintain Boiler and Machinery insurance with
the same requirements as Builders’ Risk/Installation Floater insurance cited above if the
Work to be performed involves any exposures or insurable property normally covered
under a Boiler and Machinery insurance policy or made necessary as required by law or
testing requirements in the performance of this Contract/Agreement. The Contractor will
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be responsible for any and all deductibles under these policies and the Contractor waives
all rights of recovery and subrogation against the City under the Contractor’s Builders’
Risk/Installation Floater insurance described herein.
3. Builders’ Risk/Installation Floater Insurance must be maintained until whichever of the
following first occurs: (i) final payment has been made; or, (ii) until no person or entity,
other than the City, has an insurable interest in the property required to be covered.
a. The Builders’ Risk/Installation Floater insurance must be endorsed so that the
insurance will not be canceled or lapse because of any partial use or occupancy by
the City.
b. The Builders Risk/Installation Floater insurance must include as named insureds, the
City, the Contractor, and all tiers of subcontractors and others with an insurable
interest in the Work who will be named as additional insureds unless they are able to
provide the same level of coverage with the City and Contractor named as additional
insureds. Certificates must contain a provision that the insurance will not be canceled
or materially altered without at least 30 days advance notice to the City. The City must
also be named as a Loss Payee under the Builders’ Risk/Installation Floater coverage.
c. The Builders Risk/Installation Floater insurance must be written using the Special
Causes of Loss policy form, replacement cost basis.
d. All rights of subrogation under the Builders Risk/Installation Floater insurance are, by
this Contract/Agreement, waived against the City, its officers, officials, agents and
employees.
e. The Contractor is responsible for payment of all deductibles under the Builders’
Risk/Installation Floater insurance policy.
Additional Policy Provisions Required.
A.
Self-Insured Retentions or Deductibles. Any self-insured retentions and deductibles must be
declared and approved by the City. If not approved, the City may require that the insurer
reduce or eliminate any deductible or self-insured retentions with respect to the City, its
officers, officials, agents, employees, and volunteers.
1. The Contractor’s insurance must contain broad form contractual liability coverage.
2. The Contractor's insurance coverage must be primary insurance with respect to the City,
its officers, officials, agents, and employees. Any insurance or self-insurance maintained
by the City, its officers, officials, agents, and employees shall be in excess of the coverage
provided by the Contractor and must not contribute to it.
3. The Contractor's insurance must apply separately to each insured against whom claim is
made or suit is brought, except with respect to the limits of the insurer's liability.
4. Coverage provided by the Contractor must not be limited to the liability assumed under
the indemnification provisions of this Agreement.
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5. The policies must contain a severability of interest clause and waiver of subrogation
against the City, its officers, officials, agents, and employees, for losses arising from Work
performed by the Contractor for the City.
6. The Contractor, its successors and or assigns, are required to maintain Commercial
General Liability insurance as specified in this Agreement for a minimum period of three
years following completion and acceptance of the Work. The Contractor must submit a
Certificate of Insurance evidencing Commercial General Liability insurance during this
three year period containing all the Agreement insurance requirements, including
naming the City of Chandler, its agents, representatives, officers, directors, officials and
employees as Additional Insured as required.
7. If a Certificate of Insurance is submitted as verification of coverage, the City will
reasonably rely upon the Certificate of Insurance as evidence of coverage but this
acceptance and reliance will not waive or alter in any way the insurance requirements or
obligations of this Agreement.
B.
Insurance Cancellation During Term of Contract/Agreement.
1. If any of the required policies expire during the life of this Contract/Agreement, the
Contractor must forward renewal or replacement Certificates to the City within ten days
after the renewal date containing all the required insurance provisions.
2. Each insurance policy required by the insurance provisions of this Contract/Agreement
shall provide the required coverage and shall not be suspended, voided or canceled
except after 30 days prior written notice has been given to the City, except when
cancellation is for non-payment of premium, then ten days prior notice may be given.
Such notice shall be sent directly to Chandler Law-Risk Management Department, Post
Office Box 4008, Mailstop 628, Chandler, Arizona 85225. If any insurance company
refuses to provide the required notice, the Contractor or its insurance broker shall notify
the City of any cancellation, suspension, non-renewal of any insurance within seven days
of receipt of insurers’ notification to that effect.
C.
City as Additional Insured. The policies are to contain, or be endorsed to contain, the following
provisions:
1. The Commercial General Liability and Automobile Liability policies are to contain, or be
endorsed to contain, the following provisions: The City, its officers, officials, agents, and
employees are additional insureds with respect to liability arising out of activities
performed by, or on behalf of, the Contractor including the City's general supervision of
the Contractor; Products and Completed operations of the Contractor; and automobiles
owned, leased, hired, or borrowed by the Contractor.
2. The City, its officers, officials, agents, and employees must be additional insureds to the
full limits of liability purchased by the Contractor even if those limits of liability are in
excess of those required by this Agreement.
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EXHIBIT D TO AGREEMENT
SPECIAL CONDITIONS
ACCESS TO SECURED FACILITIES
Contract Worker Access Controls, Badge and Key Access Requirements. A Contract Worker shall not be
allowed to begin work in any City facility without: (A) The prior completion and the City's acceptance of the
required background screening; and (B) when required, the Contract Worker's receipt of a City issued
badge. A badge will be issued to a Contract Worker solely for access to the City facility(s) to which the
Contract Worker is assigned. Each Contract Worker who enters a City facility must use the badge issued to
the Contract Worker. Any and all fees associated with security badging will be assessed in compliance with
Chandler City Code §4-22.
Key Access Procedures. If the Contract Worker's services require keyed access to enter a City facility(s), a
separate key issue/return form must be completed and submitted by Contractor for each key issued.
Stolen or Lost Badges or Keys. Contractor shall report lost or stolen badges or keys to the City immediately.
A new badge application or key issue form shall be completed and submitted along with payment of the
applicable fees prior to issuance of a new badge or key.
Return of Badges or Keys. All badges and keys are the property of the City and must be returned to the City
within one business day of when the Contract Worker's access to a City facility is no longer required to
furnish the services under this Agreement. Contractor shall collect a Contract Worker's badge and key(s)
upon the termination of the Contract Worker's employment; when the Contract Worker's services are no
longer required at the particular City facility(s); or upon termination, cancellation or expiration of this
Agreement.
Contractor's default under this Section shall include, but is not limited to the following: (1) Contract Worker
gains access to a City facility(s) without the proper badge or key; (2) Contract Worker uses a badge or key
of another to gain access to a City facility; (3) Contract Worker commences services under this Agreement
without the proper badge, key or Background Screening; (4) Contract Worker or Contractor submits false
information or negligently submits wrong information to the City to obtain a badge, key or applicable
Background Screening; or (5) Contractor fails to collect and timely return Contract Worker's badge or key
upon termination of Contract Worker's employment, reassignment of Contract Worker to another City
facility or upon the expiration, cancellation or termination of this Agreement. Contractor acknowledges
and agrees that the access control, badge and key requirements in this Section are necessary to preserve
and protect public health, safety and welfare. Accordingly, Contractor agrees to properly cure any default
under this Section within three business days from the date notice of default is sent by the City. The parties
agree that Contractor's failure to properly cure any default under this Section shall constitute a breach of
this Section. In addition to any other remedy available to the City at law or in equity, Contractor shall be
liable for and shall pay to the City the sum of $1,000.00 for each breach by Contractor of this Section. The
parties further agree that the sum fixed above is reasonable and approximates the actual or anticipated
loss to the City at the time and making of this Agreement in the event that Contractor breaches this Section.
Further, the parties expressly acknowledge and agree to the fixed sum set forth above because of the
difficulty of proving the City's actual damages in the event that Contractor breaches this Section. The parties
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further agree that three breaches by Contractor of this Section arising out of any default within a
consecutive period of three months or three breaches by Contractor of this Section arising out of the same
default within a period of 12 consecutive months shall constitute a material breach of this Agreement by
Contractor and the City expressly reserves all of its rights, remedies and interests under this Agreement,
at law and in equity including, but not limited to, termination of this Agreement.
Contractor and Subcontractor Worker Background Screening. Contract Worker Background Screening.
Contractor agrees that all contract workers and subcontractors (collectively Contract Worker(s)) that
Contractor furnishes to the City pursuant to this Agreement shall be subject to background and security
checks and screening (collectively Background Screening) at Contractor's sole cost and expense as set forth
in this Section. The Background Screening provided by Contractor shall comply with all applicable laws,
rules and regulations. Contractor further agrees that the Background Screening required in this Section is
necessary to preserve and protect public health, safety and welfare. The Background Screening
requirements set forth in this Section are the minimum requirements for this Agreement. The City in no
way warrants that these minimum requirements are sufficient to protect Contractor from any liabilities
that may arise out of Contractor's services under this Agreement or Contractor's failure to comply with this
Section. Therefore, in addition to the specific measures set forth below, Contractor and its Contract
Workers shall take such other reasonable, prudent and necessary measures to further preserve and
protect public health, safety and welfare when providing services under this Agreement.
Background Screening Requirements and Criteria. Contractor agrees that it will verify legal Arizona worker
status as required by Arizona Revised Statutes (A.RS.) §41-4401. Contractor further agrees that it will
conduct a background check for real identity/legal name on all Contract Workers prior to proposing the
Contract Worker to the City.
Additional City Rights Regarding Security Inquiries. In addition to the foregoing, the City reserves the right
but not the obligations to: (1) have a Contract Worker be required to provide fingerprints and execute such
other documentation as may be necessary to obtain criminal justice information pursuant to A.RS. § 41-
1750(G) (4) or Chandler City Code § 4-22; (2) act on newly acquired information whether or not such
information should have been previously discovered; (3) unilaterally change its standards and criteria
relative to the acceptability of Contract Workers; and (4) object, at any time and for any reason, to a Contract
Worker performing work (including supervision and oversight) under this Contract.
Contractor Certification. By executing this Agreement, Contractor certifies and warrants that Contractor
has read the Background Screening requirements and criteria in this Section, understands them and that
all Background Screening information furnished to the City is accurate and current. Also, by executing this
Agreement, Contractor further certifies and warrants that Contractor has satisfied all such Background
Screening requirements as required. A Contract Worker rejected for work under this Agreement shall not
be proposed to perform work under other City contracts or engagements without the City's prior written
approval.
Terms of This Section Applicable to all of Contractor's Contracts and Subcontracts. Contractor shall include
the terms of this Section for Contract Worker Background Screening in all contracts and subcontracts for
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services furnished under this Agreement including, but not limited to, supervision and oversight services.
Materiality of Background Screening Requirements: Indemnity. The Background Screening requirements
of this Section are material to the City's entry into this Agreement and any breach of this Section by
Contractor shall be deemed a material breach of this Agreement. In addition to the indemnity provisions
set forth in Section 5.5, Indemnification, Contractor shall defend, indemnify and hold harmless the City for
any and all Claims arising out of this Background Screening Section including, but not limited to, the
disqualification of a Contract Worker by Contractor or the City for failure to satisfy this Section.
Continuing Duty: Audit. Contractor's obligations and requirements that Contract Workers satisfy this
Background Screening Section shall continue throughout the entire term of this Agreement. Contractor
shall notify the City immediately of any change to a Background Screening of a Contract Worker previously
approved by the City. Contractor shall maintain all records and documents related to all Background
Screenings and the City reserves the right to audit Contractor's compliance with this Section pursuant to
Section 5.1, Records/Audit.
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EXHIBIT E
WAGE DECISION
"General Decision Number: AZ20210001 01/01/2021
Superseded General Decision Number: AZ20200001
State: Arizona
Construction Type: Residential
County: Maricopa County in Arizona.
RESIDENTIAL CONSTRUCTION PROJECTS (consisting of single family
homes and apartments up to and including 4 stories).
Note: Under Executive Order (EO) 13658, an hourly minimum wage
of $10.95 for calendar year 2021 applies to all contracts
subject to the Davis-Bacon Act for which the contract is awarded
(and any solicitation was issued) on or after January 1, 2015.
If this contract is covered by the EO, the contractor must pay
all workers in any classification listed on this wage
determination at least $10.95 per hour (or the applicable
wage rate listed on this wage determination, if it is higher)
for all hours spent performing on the contract in calendar
year 2021. If this contract is covered by the EO and a
classification considered necessary for performance of work on
the contract does not appear on this wage determination, the
contractor must pay workers in that classification at least
the wage rate determined through the conformance process set
forth in 29 CFR 5.5(a)(1)(ii) (or the EO minimum wage rate,
if it is higher than the conformed wage rate). The EO minimum
wage rate will be adjusted annually. Please note that
this EO applies to the above-mentioned types of contracts
entered into by the federal government that are subject
to the Davis-Bacon Act itself, but it does not apply
to contracts subject only to the Davis-Bacon Related Acts,
including those set forth at 29 CFR 5.1(a)(2)-(60). Additional
information on contractor requirements and worker protections
under the EO is available at www.dol.gov/whd/govcontracts.
Modification Number Publication Date
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0 01/01/2021
* BRAZ0003-007 07/01/2020
Rates Fringes
BRICKLAYER.......................$ 25.95 8.49
ZONE PAY:
(Radius miles from the intersection of Central Ave. and
Washington St., Phoenix, AZ)
Zone A: 0-60 miles- Base Rate
Zone B: 61-75 miles- Base Rate plus $2.00 per hour
Zone C: 75-100 miles- Base Rate plus $3.00 per hour
Zone D: 101-200 miles- Base Rate plus $3.50 per hour
Zone E: Over 200 miles- Base Rate plus $6.50 per hour
----------------------------------------------------------------
ENGI0428-005 06/01/2020
Rates Fringes
POWER EQUIPMENT OPERATOR
(Grader/Blade)...................$ 32.39 11.72
----------------------------------------------------------------
IRON0075-008 08/01/2019
Rates Fringes
IRONWORKER, STRUCTURAL...........$ 27.80 19.05
----------------------------------------------------------------
PLAS0394-006 07/01/2019
Rates Fringes
CEMENT MASON/CONCRETE FINISHER...$ 25.08 8.57
----------------------------------------------------------------
SUAZ2011-001 07/28/2011
Rates Fringes
ALARM INSTALLER, Includes
Wiring and Installation..........$ 13.91 0.00
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CARPENTER, Excludes Drywall
Hanging, and Form Work...........$ 18.16 0.00
DRYWALL HANGER...................$ 15.00 0.58
ELECTRICIAN, Excludes Low
Voltage Wiring and
Installation of Alarms...........$ 15.45 0.01
FORM WORKER......................$ 14.37 0.00
GLAZIER..........................$ 13.45 0.00
HVAC MECHANIC (Installation
of HVAC Duct)....................$ 15.36 0.00
LABORER: Common or General......$ 10.18 0.00
LABORER: Grade Checker..........$ 16.83 0.45
LABORER: Mason Tender - Brick...$ 12.77 0.00
LABORER: Mason Tender -
Cement/Concrete/Stone............$ 11.00 0.00
LABORER: Pipelayer..............$ 13.00 0.00
OPERATOR: Backhoe...............$ 18.29 0.00
OPERATOR: Excavator.............$ 24.67 0.00
OPERATOR: Forklift..............$ 16.17 0.00
OPERATOR: Loader (Front End)....$ 15.00 0.00
OPERATOR: Paver (Asphalt,
Aggregate, and Concrete).........$ 20.75 0.00
OPERATOR: Roller................$ 16.24 1.42
OPERATOR: Scraper...............$ 19.20 1.52
OPERATOR: Tractor...............$ 22.63 0.00
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PAINTER: Brush, Roller and
Spray, Excludes Drywall
Finishing/Taping.................$ 12.89 0.00
PLUMBER..........................$ 20.14 4.08
ROOFER...........................$ 13.67 0.00
SPRINKLER FITTER (Fire
Sprinklers)......................$ 17.73 0.00
TRUCK DRIVER: Dump Truck........$ 17.02 0.00
TRUCK DRIVER: Water Truck.......$ 14.50 0.00
----------------------------------------------------------------
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
================================================================
Note: Executive Order (EO) 13706, Establishing Paid Sick Leave
for Federal Contractors applies to all contracts subject to the
Davis-Bacon Act for which the contract is awarded (and any
solicitation was issued) on or after January 1, 2017. If this
contract is covered by the EO, the contractor must provide
employees with 1 hour of paid sick leave for every 30 hours
they work, up to 56 hours of paid sick leave each year.
Employees must be permitted to use paid sick leave for their
own illness, injury or other health-related needs, including
preventive care; to assist a family member (or person who is
like family to the employee) who is ill, injured, or has other
health-related needs, including preventive care; or for reasons
resulting from, or to assist a family member (or person who is
like family to the employee) who is a victim of, domestic
violence, sexual assault, or stalking. Additional information
on contractor requirements and worker protections under the EO
is available at www.dol.gov/whd/govcontracts.
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29CFR 5.5 (a) (1) (ii)).
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----------------------------------------------------------------
The body of each wage determination lists the classification
and wage rates that have been found to be prevailing for the
cited type(s) of construction in the area covered by the wage
determination. The classifications are listed in alphabetical
order of ""identifiers"" that indicate whether the particular
rate is a union rate (current union negotiated rate for local),
a survey rate (weighted average rate) or a union average rate
(weighted union average rate).
Union Rate Identifiers
A four letter classification abbreviation identifier enclosed
in dotted lines beginning with characters other than ""SU"" or
""UAVG"" denotes that the union classification and rate were
prevailing for that classification in the survey. Example:
PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of
the union which prevailed in the survey for this
classification, which in this example would be Plumbers. 0198
indicates the local union number or district council number
where applicable, i.e., Plumbers Local 0198. The next number,
005 in the example, is an internal number used in processing
the wage determination. 07/01/2014 is the effective date of the
most current negotiated rate, which in this example is July 1,
2014.
Union prevailing wage rates are updated to reflect all rate
changes in the collective bargaining agreement (CBA) governing
this classification and rate.
Survey Rate Identifiers
Classifications listed under the ""SU"" identifier indicate that
no one rate prevailed for this classification in the survey and
the published rate is derived by computing a weighted average
rate based on all the rates reported in the survey for that
classification. As this weighted average rate includes all
rates reported in the survey, it may include both union and
non-union rates. Example: SULA2012-007 5/13/2014. SU indicates
the rates are survey rates based on a weighted average
calculation of rates and are not majority rates. LA indicates
the State of Louisiana. 2012 is the year of survey on which
these classifications and rates are based. The next number, 007
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in the example, is an internal number used in producing the
wage determination. 5/13/2014 indicates the survey completion
date for the classifications and rates under that identifier.
Survey wage rates are not updated and remain in effect until a
new survey is conducted.
Union Average Rate Identifiers
Classification(s) listed under the UAVG identifier indicate
that no single majority rate prevailed for those
classifications; however, 100% of the data reported for the
classifications was union data. EXAMPLE: UAVG-OH-0010
08/29/2014. UAVG indicates that the rate is a weighted union
average rate. OH indicates the state. The next number, 0010 in
the example, is an internal number used in producing the wage
determination. 08/29/2014 indicates the survey completion date
for the classifications and rates under that identifier.
A UAVG rate will be updated once a year, usually in January of
each year, to reflect a weighted average of the current
negotiated/CBA rate of the union locals from which the rate is
based.
----------------------------------------------------------------
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can
be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on
a wage determination matter
* a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the
Davis-Bacon survey program. If the response from this initial
contact is not satisfactory, then the process described in 2.)
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and 3.) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the
Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the
interested party's position and by any information (wage
payment data, project description, area practice material,
etc.) that the requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4.) All decisions by the Administrative Review Board are final.
================================================================
END OF GENERAL DECISION
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CITY OF CHANDLER. ARIZONA
INVITATION FOR BID. NO. H02;.;.iG-4366
EXHIBffFt
BID-BOND
.
..
ARIZONA STATUTORY BID BOND PURSUANT TO
. Tl1lES 28,34 AND 41.
OF THE ARIZONA REVISED STATUTES
(Penalty of this bond mɻ not be less than 10% of the bid amount)
KNOW ALL MEN BY THESE PRESENTS: That, Boyjin Development LLC
ɼ.....,...__,......,._...,.........,.__,. ____ ....,.... _____ .,,.___,,,. (hereinafter Principal), as Principal , and
Western National Mutual Insurance Company
• (hereinafter •SIJJ'81y9), a corporation organized and
existing unɽɾ the laws oɿ the State of Minnesota
with its principal offices In Edina
•
holding a certificata of authority to transact surety business In Arizona Issued by the Director of the Department
of Insurance . .Pursuant to Title 20, Chapter 2, Article 1, as Surety, held and firmly bound unto
City ot Chand.fer
, (herefnafter •obf!geej, as Obllgee, In the amount of Ten Percent (10%) of the
amount of the bid of Principal, submitted by Principal to the ObBgee for the work described below, for the
payment of which sum, the Prfnclpal and the Surety bind themselves, and their heirs. executors,
administrators, successors and asslg" Jofntty and severally, firmly by these presents.
WHEREAS, the said Principal has submitted a bld fQr:
PUBLIC HOU81NGA8PHALT SHINGLE REP.LACEMENT, H02-91CM386
.
. . : .
.
· ,
NOW, THEREFORE. If the Obllgee accepts the proposal of the Principal and the Principal shall enter Into
a contract with the Obllgee in accordance with ʀ terms a_f the ʁ and give the bonds and certificates of
Insurance as specified In the Standard Spedffcatlone wi1h good and sufficient surety for the faithful perftJrmance of
the conbact and for the prompt payment of labor and mal8l'.lals furnʂ In the prosecu1ion of the contract. or in
the event of the failure of the Prfnclpa1 to enter Into the oonlract and give the bonds and certificates of Insurance, if
the Principal pays to the Obligee the difference ·not to exc-.f ihe penalty of the bond between the amount
specified In the proposal and such larger amount for which the Obllgee may In good faith contract with another
party to perform the work c.overed by the proposal then this obllgatfon la void. 0therwlae to remain In fuU force and
effect provided, however, that this bond Is exeaited pu1'9\181\t to the provisions of Section 34-201, Arizona Revised
Slatutes, and all llabllltlas on this bond shall be determined In accordance with 1he provisions of that seclfon to the
extent as If It were copied at length herein.
Witness our hands this 28th ʃ of ʄ-uly
• 20._2_1 __ .
Boyjin Development LLC
Prlncfpal
Western National Mutual Insurance Company
SEAL
SURETY
By: Thomas P. Bowman, III
Byr /L---- _,,,
3
A!t1:Jmely-ln-Fat:A.
SEAL
Its: :JI C"'-::::: ʅ :::\ ____.-,
Bowman & Associates Insurance Agency Inc
AGENCY OF RECORD
16042 N 32nd St Bldg A Phoenix AZ 85032
AGENCY ADDRESS
Page 37of53
DocuSign Envelope ID: D46CF610-FDE1-4AE1-B21B-91A43321B3CE
Page 38 of 53
EXHIBIT F2
PERFORMANCE BOND
STATUTORY PERFORMANCE BOND PURSUANT TO
TITLE 34, CHAPTER 2, ARTICLE 2,
OF THE ARIZONA REVISED STATUTES
(Penalty of this bond must be 100% of the Bond amount)
KNOW ALL MEN BY THESE PRESENTS: That,
(hereinafter called the Principal),
as Principal, and
a corporation organized and existing under the law of the State of
with its principal office in the City of
, (hereinafter called the Surety), as Surety,
are held and firmly bound unto the City of Chandler, County of Maricopa, State of Arizona, in the amount of
Dollars ($
), for the payment whereof, the said Principal and Surety
bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severely, firmly by these
presents.
WHEREAS, the Principal has entered into a certain written Contract with the City of Chandler, Dated the ________ day
of
, _______, for PUBLIC HOUSING ASPHALT SHINGLE REPLACEMENT, HO2-910-4366,
which Contract is hereby referred to and made a part hereof as fully and to the same extent as if copies at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully
perform and fulfill all the undertakings, covenants terms, conditions, and agreements of said contract during the original term of
said Contract and any extensions thereof, with or without notice to the Surety, and during the life of any warranty required under
the contract, and shall also perform and fulfill all the undertakings, covenants, terms, conditions, and agreements of any and all
duly authorized modifications of conditions of said Contract that may hereafter be made, notice of which modifications to the
Surety being hereby waived; then the above obligations shall be void, otherwise to remain in full force and effect.
PROVIDED, HOWEVER that this bond is executed pursuant to the provisions of Title 34, Chapter 2, Article 2 of the
Arizona Revised Statutes, and all liabilities on this bond shall be determined in accordance with the provisions of said Title,
Chapter and Article, to the extent as if it were copied at length herein.
The prevailing party in a suit on this bond shall be entitled to such reasonable attorney's fees as may be fixed by a judge of
the Court.
Witness our hands this ____ day of
, 2021.
PRINCIPAL
SEAL
AGENT OF RECORD
BY
SURETY
SEAL
AGENT ADDRESS
DocuSign Envelope ID: D46CF610-FDE1-4AE1-B21B-91A43321B3CE
Page 39 of 53
EXHIBIT F3
PAYMENT BOND
ARIZONA STATUTORY PAYMENT BOND
PURSUANT TO TITLES 28, 34, AND 41, OF THE ARIZONA REVISED STATUTES
(Penalty of this Bond must be 100% of the Contract amount)
KNOW ALL MEN BY THESE PRESENTS:
THAT:
(hereinafter “Principal”), as Principal, and
(hereinafter “Surety”), a corporation organized and existing under the laws of the State of
with its principal office in the City of
, holding a certificate of authority to transact
surety business in Arizona issued by the Director of the Department of Insurance pursuant to Title 20, Chapter
2, Article 1, as Surety, are held and firmly bound unto the City of Chandler, (hereinafter “Obligee”) County of
Maricopa, State of Arizona, in the amount of
Dollars ($
), for the payment whereof, the said Principal and Surety bind themselves, and
their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written Contract with the City of Chandler, dated the
day of
, 20
, for PUBLIC HOUSING ASPHALT SHINGLE
REPLACEMENT, HO2-910-4366, which Contract is hereby referred to and made a part hereof as fully and to the
same extent as if copies at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLICATION IS SUCH, that if the Principal promptly
pays all moneys due to all persons supplying labor or materials to the Principal or the Principal’s subcontractors
in the prosecution of the work provided for in said contract, this obligation is void. Otherwise it remains in full
force and effect.
PROVIDED, HOWEVER that this bond is executed pursuant to the provisions of Title 34, Chapter 2,
Article 2 Arizona Revised Statutes, and all liabilities on this bond shall be determined in accordance with the
provisions, conditions and limitations of Title 34, Chapter 2, Article 2, Arizona Revised Statutes, to the same
extent as if it were copied at length in this agreement.
The prevailing party in a suit on this bond shall recover as part of the judgment reasonable attorney fees
that may be fixed by a judge of the court.
Witness our hands this
day of
, 20
.
PRINCIPAL
SEAL
AGENT OF RECORD
BY
SURETY
SEAL
AGENT ADDRESS
DocuSign Envelope ID: D46CF610-FDE1-4AE1-B21B-91A43321B3CE
General Contract Conditions for
Small Construction/Development
Contracts
U.S. Department of Housing and Urban
Development
Office of Public and Indian Housing
OMB Approval No. 2577-0157 (exp. 3/31/2020)
Applicability. The following contract clauses are applicable and
must be inserted into small construction/development contracts,
greater than $2,000 but not more than $150,000.
(b) The Contractor’s right to proceed shall not be terminated or the
Contractor charged with damages under this clause if –
(1) The delay in completing the work arises from
unforeseeable causes beyond the control and without the
1. Definitions
Terms used in this form are the same as defined in form HUD-5370
2. Prohibition Against Liens
fault or negligence of the Contractor; and
The Contractor is prohibited from placing a lien on the PHA’s
(2) The Contractor, within 10 days from the beginning of such
delay notifies the Contracting Officer in writing of the
causes of delay. The Contracting Officer shall ascertain the
facts and the extent of the delay. If, in the judgment of the
Contracting Officer, the findings of Fact warrant such
action, time for completing the work shall be extended by
written modification to the contract. The findings of the
Contracting Officer shall be reduced to a written decision
which shall be subject to the provisions of the Disputes
property. This prohibition shall apply to all subcontractors at any
tier and all materials suppliers. The only liens on the PHA’s
property shall be the Declaration of Trust or other liens approved
by HUD.
clause of this contract.
(c) If, after termination of the Contractor’s right to proceed, it is
3. Disputes
determined that the Contractor was not in default, or that the
delay was excusable, the rights and obligation of the parties will
be the same as if the termination had been for convenience of
the PHA.
(a) Except for disputes arising under the Labor Standards
clauses, all disputes arising under or relating to this contract,
including any claims for damages for the alleged breach thereof
which are not disposed of by agreement, shall be resolved
5. Termination for Convenience
under this clause.
(b) All claims by the Contractor shall be made in writing and
(a) The Contracting Officer may terminate this contract in whole,
submitted to the Contracting Officer for a written decision. A
claim by the PHA against the Contractor shall be subject to a
or in part, whenever the Contracting Officer determines that
such termination is in the best interest of the PHA. Any such
termination shall be effected by delivery to the Contractor of a
Notice of Termination specifying the extent to which the
performance of the work under the contract is terminated, and
the date upon which such termination becomes effective.
written decision by the Contracting Officer.
(c) The Contracting Officer shall, within 30 days after receipt of
the request, decide the claim or notify the Contractor of the date
by which the decision will be made.
(d) The Contracting Officer’s decision shall be final unless the
(b) If the performance of the work is terminated, either in whole or
Contractor (1) appeals in writing to a higher level in the PHA in
accordance with the PHA’s policy and procedures, (2) refers the
appeal to an independent mediator or arbitrator, or (3) files suit
in a court of competent jurisdiction. Such appeal must be made
within 30 days after receipt of the Contracting Officer’s
in part, the PHA shall be liable to the Contractor for reasonable
and proper costs resulting from such termination upon the
receipt by the PHA of a properly presented claim setting out in
detail: (1) the total cost of the work performed to date of
termination less the total amount of contract payments made to
the Contractor; (2) the cost (including reasonable profit) of
settling and paying claims under subcontracts and material
orders for work performed and materials and supplies delivered
to the site, payment for which has not been made by the PHA to
the Contractor or by the Contractor to the subcontractor or
supplier; (3) the cost of preserving and protecting the work
already performed until the PHA or assignee takes possession
thereof or assumes responsibility therefore; (4) the actual or
estimated cost of legal and accounting services reasonably
necessary to prepare and present the termination claim to the
PHA; and (5) an amount constituting a reasonable profit on the
decision.
(e) The Contractor shall proceed diligently with performance of
this contract, pending final resolution of any request for relief,
claim, appeal, or action arising under or relating to the contract,
and comply with any decision of the Contracting Officer.
4. Default
(a) If the Contractor refuses or fails to prosecute the work, or any
separable part thereof, with the diligence that will insure its
completion within the time specified in this contract, or any
extension thereof, or fails to complete said work within this
time, the Contracting Officer may, by written notice to the
Contractor, terminate the right to proceed with the work (or
separable part of the work) that has been delayed. In the event,
the PHA may take over the work and complete it by contract or
otherwise, and may take possession of and use any materials,
equipment, and plant on the work site necessary for completing
the work. The Contractor and its sureties shall be liable for any
damage to the PHA resulting from the Contractor’s refusal or
failure to complete the work within the specified time, whether
or not the Contractor’s right to proceed with the work is
terminated. This liability includes any increased costs incurred
by the PHA in completing the work.
value of the work performed by the Contractor.
(c) The Contracting Officer will act on the Contractor’s claim
within days (60 days unless otherwise indicated) of receipt of
the Contractor’s claim.
(d) Any disputes with regard to this clause are expressly made
subject to the provisions of the Disputes clause of this contract.
6. Insurance
(a) Before commencing work, the Contractor and each subcon-
tractor shall furnish the PHA with certificates of insurance
showing the following insurance is in force and will insure all
operations under the Contract:
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EXHIBIT G
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(1) Workers’ Compensation, in accordance with state or Ter-
do not change the rights or responsibilities of the parties (e.g.,
change in the PHA address). All other contract modifications
shall be in the form of supplemental agreements signed by the
ritorial Workers’ Compensation laws.
(2) Commercial General Liability with a combined single limit
for bodily injury and property damage of not less than $
Contractor and the Contracting Officer.
[Contracting Officer insert amount] per occurrence to protect the
Contractor and each subcontractor against claims for bodily injury
or death and damage to the property of others. This shall cover the
use of all equipment, hoists, and vehicles on the site(s) not covered
(c) When a proposed modification requires the approval of HUD
prior to its issuance (e.g., a change order that exceeds the PHA’s
approved threshold), such modification shall not be effective
until the required approval is received by the PHA.
by Automobile Liability under (3) below. If the Contractor has a
“claims-made” policy, then the following additional requirements
8. Changes
apply: the policy must provide a “retroactive date” which must be
on or before the execution date of the Contract; and the extended
reporting period may not be less than five years following the
(a) The Contracting Officer may, at any time, without notice to the
completion date of the Contract.
sureties, by written order designated or indicated to be a change
order, make changes in the work within the general scope of the
(3) Automobile Liability on owned and non -owned motor
vehicles used on the site(s) or in connection therewith for a
contract including changes:
combined single limit for bodily injury and property damage of not
[Contracting Officer insert amount] per
(1) In the specifications (including drawings and designs);
(2) In the method or manner of performance of the work;
less than $
(3) PHA-furnished facilities, equipment, materials, services, or
occurrence.
(b) Before commencing work, the Contractor shall furnish the PHA
with a certificate of insurance evidencing that Builder’s Risk
(fire and extended coverage) Insurance on all work in place
and/or materials stored at the building site(s), including
foundations and building equipment, is in force. The Builder’s
Risk Insurance shall be for the benefit of the Contractor and the
PHA as their interests may appear and each shall be named in
the policy or policies as an insured. The Contractor in installing
equipment supplied by the PHA shall carry insurance on such
equipment from the time the Contractor takes possession thereof
until the Contract work is accepted by the PHA. The Builder’s
Risk Insurance need not be carried on excavations, piers,
footings, or foundations until such time as work on the super-
structure is started. It need not be carried on landscape work.
Policies shall furnish coverage at all times for the full cash value
of all completed construction, as well as materials in place
and/or stored at the site(s), whether or not partial payment has
been made by the PHA. The Contractor may terminate this
insurance on buildings as of the date taken over for occupancy
by the PHA. The Contractor is not required to carry Builder’s
Risk Insurance for modernization work which does not involve
structural alterations or additions and where the PHA’s existing
fire and extended coverage policy can be endorsed to include
site; or,
(4) Directing the acceleration in the performance of the work.
(b) Any other written order or oral order (which, as used in this
paragraph (b), includes direction, instruction, interpretation, or
determination) from the Contracting Officer that causes a change
shall be treated as a change order under this clause; provided, that
the Contractor gives the Contracting Officer written notice stating
(1) the date, circumstances and source of the order and (2)
that the Contractor regards the order as a change order.
(c) Except as provided in this clause, no order, statement or conduct
of the Contracting Officer shall be treated as a change under this
clause or entitle the Contractor to an equitable adjustment.
(d) If any change under this clause causes an increase or decrease
in the Contractor’s cost of, or the time required for the perfor-
mance of any part of the work under this contract, whether or not
changed by any such order, the Contracting Officer shall make
an equitable adjustment and modify the contract in writing.
However, except for a adjustment based on defective
specifications, no proposal for any change under paragraph (b)
above shall be allowed for any costs incurred more than 20 days
(5 days for oral orders) before the Contractor gives written
notice as required. In the case of defective specifications for
which the PHA is responsible, the equitable adjustment shall
include any increased cost reasonably incurred by the Contractor
in attempting to comply with the defective
such work.
(c) All insurance shall be carried with companies which are
specifications.
financially responsible and admitted to do business in the State
in which the project is located. If any such insurance is due to
expire during the construction period, the Contractor (including
subcontractors, as applicable) shall not permit the coverage to
lapse and shall furnish evidence of coverage to the Contracting
Officer. All certificates of insurance, as evidence of coverage,
shall provide that no coverage may be canceled or non-renewed
by the insurance company until at least 30 days prior written
notice has been given to the Contracting Officer.
(e) The Contractor must assert its right to an adjustment under this
clause within 30 days after (1) receipt of a written change order
under paragraph (a) of this clause, or (2) the furnishing of a
written notice under paragraph (b) of this clause, by submitting a
written statement describing the general nature and the amount
of the proposal. If the facts justify it, the Contracting Officer
may extend the period for submission. The proposal may be
included in the notice required under paragraph (b) above. No
proposal by the Contractor for an equitable adjustment shall be
allowed if asserted after final payment under this
7. Contract Modifications
contract.
(a) Only the Contracting Officer has authority to modify any term
(f) The Contractor’s written proposal for equitable adjustment shall
be submitted in the form of a lump sum proposal supported with
an itemized breakdown of all increases and decreases in
or condition of this contract. Any contract modification shall be
authorized in writing.
the contract in at least the following details:
(b) The Contracting Officer may modify the contract unilaterally
(1) pursuant to a specific authorization stated in a contract
clause (e.g., Changes); or (2) for administrative matters which
(1) Direct Costs. Materials (list individual items, the quantity
and unit cost of each, and the aggregate cost); Transporta-
tion and delivery costs associated with materials; Labor
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Form HUD-5370-EZ (1/2014)
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DocuSign Envelope ID: D46CF610-FDE1-4AE1-B21B-91A43321B3CE
breakdowns by hours or unit costs (identified with specific
work to be performed); Construction equipment exclusively
necessary for the change; Costs of preparation and/ or
revision to shop drawings resulting from the change;
Worker’s Compensation and Public Liability Insurance;
Employment taxes under FICA and FUTA; and, Bond
The Contractor shall comply with all mandatory standards and
policies relating to energy efficiency which are contained in the
energy conservation plan issued in compliance with the Energy
Policy and Conservation Act (Pub.L. 94-163) for the State in which
the work under this contract is performed.
Costs - when size of change warrants revision.
12. Procurement of Recovered Materials
(2) Indirect Costs. Indirect costs may include overhead, general
and administrative expenses, and fringe benefits not normally
(a) In accordance with Section 6002 of the Solid Waste Disposal
treated as direct costs.
Act, as amended by the Resource Conservation and Recovery
Act, the Contractor shall procure items designated in guidelines
of the Environmental Protection Agency (EPA) at 40 CFR Part
247 that contain the highest percentage of recovered materials
practicable, consistent with maintaining a satisfactory level of
competition. The Contractor shall procure items designated in
the EPA guidelines that contain the highest percentage of
(3) Profit. The amount of profit shall be negotiated and may vary
according to the nature, extent, and complexity of the work
required by the change.
The allowability of the direct and indirect costs shall be determined
in accordance with the Contract Cost Principles and Procedures for
Commercial Firms in Part 31 of the Federal Acquisition Regulation
(48 CFR 1-31), as implemented by HUD Handbook 2210.18, in
effect on the date of this contract. The Contractor shall not be
allowed a profit on the profit received by any subcontractor.
Equitable adjustments for deleted work shall include a credit for
profit and may include a credit for indirect costs. On proposals
covering both increases and decreases in the amount of the contract,
the application of indirect costs and profit shall be on the net-change
in direct costs for the Contractor or subcontractor
recovered materials practicable unless the Contractor
determines that such items: (1) are not reasonably available in a
reasonable period of time; (2) fail to meet reasonable
performance standards, which shall be determined on the basis
of the guidelines of the National Institute of Standards and
Technology, if applicable to the item; or (3) are only available
at an unreasonable price.
(b) Paragraph (a) of this clause shall apply to items purchased
performing the work.
under this contract where: (1) the Contractor purchases in
excess of $10,000 of the item under this contract; or (2) during
the preceding Federal fiscal year, the Contractor: (i) purchased
any amount of the items for use under a contract that was
funded with Federal appropriations and was with a Federal
agency or a State agency or agency of a political subdivision of
a State; and (ii) purchased a total of in excess of $10,000 of the
item both under and outside that contract.
(g) The Contractor shall include in the proposal its request for time
extension (if any), and shall include sufficient information and
dates to demonstrate whether and to what extent the change
will delay the completion of the contract in its entirety.
(h) The Contracting Officer shall act on proposals within 30 days
after their receipt, or notify the Contractor of the date when
such action will be taken.
(i) Failure to reach an agreement on any proposal shall be a dispute
under the clause entitled Disputes herein. Nothing in this clause,
however, shall excuse the Contractor from proceeding with the
13. Training and Employment Opportunities for Residents in the
Project Area (Section 3, HUD Act of 1968; 24 CFR 135)
contract as changed.
(j) Except in an emergency endangering life or property, no change
shall be made by the Contractor without a prior order from the
Contracting Officer.
(a) The work to be performed under this contract is subject to the
9. Examination and Retention of Contractor’s Records
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
The HA, HUD, or Comptroller General of the United States, or any
of their duly authorized representatives shall, until three years after
final payment under this contract, have access to and the right to
examine any of the Contractor’s directly pertinent books,
documents, papers, or other records involving transactions related
to this contract for the purpose of making audit, examination,
excerpts, and transcriptions.
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
10. Rights in Data and Patent Rights (Ownership and
Proprietary Interest)
Part 135 regulations.
(c) The contractor agrees to send to each labor organization or
representative of workers with which the contractor has a
The HA shall have exclusive ownership of, all proprietary interest
in, and the right to full and exclusive possession of all information,
materials, and documents discovered or produced by Contractor
pursuant to the terms of this Contract, including but not limited to
reports, memoranda or letters concerning the research and reporting
tasks of this Contract.
collective bargaining agreement or other understanding, if any,
a notice advising the labor organization or workers'
11. Energy Efficiency
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
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DocuSign Envelope ID: D46CF610-FDE1-4AE1-B21B-91A43321B3CE
qualifications for each; and the name and location of the
person(s) taking applications for each of the positions; and the
a prominent and accessible place where it can be easily seen
by the workers.
anticipated date the work shall begin.
(2) (i) Any class of laborers or mechanics, including helpers,
(d) The contractor agrees to include this section 3 clause in every
which is not listed in the wage determination and
which is to be employed under the contract shall be
classified in conformance with the wage determination.
HUD shall approve an additional classification and
wage rate and fringe benefits therefor only when all the
following criteria have been
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 a 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
met:
(a) The work to be performed by the classification
violation of the regulations in 24 CFR Part 135.
requested is not performed by a classification in the
(e) The contractor will certify that any vacant employment
wage determination; and
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
(b) The classification is utilized in the area by the
construction industry; and
(c) The proposed wage rate, including any bona fide
fringe benefits, bears a reasonable relationship to
the wage rates contained in the wage
obligations under 24 CFR Part 135.
determination.
(f) Noncompliance with HUD's regulations in 24 CFR Part 135
(ii) If the Contractor and the laborers and mechanics to be
employed in the classification (if known), or their
representatives, and HUD or its designee agree on the
classification and wage rate (including the amount
designated for fringe benefits where appropriate), a
report of the action shall be sent by HUD or its
designee to the Administrator of the Wage and Hour
Division, Employee Standards Administration, U.S.
Department of Labor, Washington, DC 20210. The
Administrator, or an authorized representative, will
approve, modify, or disapprove every additional
classification action within 30 days of receipt and so
advise HUD or its designee or will notify HUD or its
designee within the 30-day period that additional time
may result in sanctions, termination of this contract for default,
and debarment or suspension from future HUD assisted
contracts.
14. Labor Standards - Davis-Bacon and Related Acts
(a) Minimum Wages.
(1) All laborers and mechanics employed under this contract in
the construction or development of the project(s) involved will
be paid unconditionally and not less often than once a week,
and without subsequent deduction or rebate on any account
(except such payroll deductions as are permitted by regulations
issued by the Secretary of Labor under the Copeland Act (29
CFR Part 3)), the full amount of wages and bona fide fringe
benefits (or cash equivalents thereof) due at time of payment
computed at rates not less than those contained in the wage
determination of the Secretary of Labor which is attached
hereto and made a part hereof, regardless of any contractual
relationship which may be alleged to exist between the
Contractor and such laborers and mechanics. Contributions
made or costs reasonably anticipated for bona fide fringe
benefits under Section 1(b)(2) of the Davis-Bacon Act on
behalf of laborers or mechanics are considered wages paid to
such laborers or mechanics, subject to the provisions of 29
CFR 5.5(a)(1)(iv); also, regular contributions made or costs
incurred for more than a weekly period (but not less often than
quarterly) under plans, funds, or programs which cover the
regular weekly period, are deemed to be constructively made
or incurred during such weekly period. Such laborers and
mechanics shall be paid the appropriate wage rate and fringe
benefits in the wage determination for the classification of
work actually performed, without regard to skill, except as
provided in 29 CFR 5.5(a)(4). Laborers or mechanics
performing work in more than one classification may be
compensated at the rate specified for each classification for the
time actually worked therein; provided, that the employer’s
payroll records accurately set forth the time spent in each
classification in which work is performed. The wage
determination (including any additional classification and
wage rates conformed under 29 CFR 5.5(a)(1)(ii) and the
Davis-Bacon poster (WH-1321) shall be posted at all times by
the Contractor and its subcontractors at the site of the work in
is necessary.
(iii) In the event the Contractor, the laborers or mechanics
to be employed in the classification or their
representatives, and HUD or its designee do not agree
on the proposed classification and wage rate (including
the amount designated for fringe benefits, where
appropriate), HUD or its designee shall refer the
questions, including the views of all interested parties
and the recommendation of HUD or its designee, to the
Administrator of the Wage and Hour Division for
determination. The Administrator, or an authorized
representative, will issue a determination within 30 days
of receipt and so advise HUD or its designee or will
notify HUD or its designee within the 30-day
period that additional time is necessary.
(iv) The wage rate (including fringe benefits where
appropriate) determined pursuant to subparagraphs
(a)(2)(ii) or (iii) of this clause shall be paid to all
workers performing work in the classification under
this contract from the first day on which work is
performed in the classification.
(3) Whenever the minimum wage rate prescribed in the
contract for a class of laborers or mechanics includes a
fringe benefit which is not expressed as an hourly rate,
the Contractor shall either pay the benefit as stated in the
wage determination or shall pay another bona fide fringe
benefit or an hourly cash equivalent thereof.
(4) If the Contractor does not make payments to a trustee
or other third person, the Contractor may consider as part
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of the wages of any laborer or mechanic the amount of
any costs reasonably anticipated in providing bona fide
fringe benefits under a plan or program; provided, that
the Secretary of Labor has found, upon the written
request of the Contractor, that the applicable standards of
the Davis-Bacon Act have been met. The Secretary of
Labor may require the Contractor to set aside in a
separate account assets for the meeting of obligations
under the plan or program.
the registration of apprenticeship programs and certification
of trainee programs, the registration of the apprentices and
trainees, and the ratios and wage rates prescribed in the
applicable programs.
(2) (i) The Contractor shall submit weekly for each week in which
(b) Withholding of Funds. HUD or its designee shall, upon
any contract work is performed a copy of all payrolls to the
Contracting Officer for transmission to HUD or its designee.
The payrolls submitted shall set out accurately and
completely all of the information required to be maintained
under subparagraph (c)(1) of this clause. This information
may be submitted in any form desired. Optional Form WH-
347 (Federal Stock Number 029-005-00014-1) is available
for this purpose and may be purchased from the
Superintendent of Documents, U.S. Government Printing
Office, Washington, D.C. 20402. The prime Contractor is
responsible for the submission of copies of payrolls by all
subcontractors. (Approved by the Office of Management
its own action or upon written request of an authorized
representative of the Department of Labor, withhold or
cause to be withheld from the Contractor under this
contract or any other Federal contract with the same
prime Contractor, or any other Federally-assisted contract
subject to Davis-Bacon prevailing wage requirements,
which is held by the same prime Contractor, so much of
the accrued payments or advances as may be considered
necessary to pay laborers and mechanics, including
apprentices, trainees, and helpers, employed by the
Contractor or any subcontractor the full amount of wages
required by the contract. In the event of failure to pay any
laborer or mechanic, including any apprentice, trainee, or
helper, employed or working in the construction or
development of the project, all or part of the wages
required by the contract, HUD or its designee may, after
written notice to the Contractor, take such action as may
be necessary to cause the suspension of any further
payment, advance, or guarantee of funds until such
violations have ceased. HUD or its designee may, after
written notice to the Contractor, disburse such amounts
withheld for and on account of the Contractor or
subcontractor to the respective employees to whom they
are due.
and Budget under OMB Control Number 1214-0149.)
(ii) Each payroll submitted shall be accompanied by a
“Statement of Compliance,” signed by the contractor or
subcontractor or his or her agent who pays or supervises
the payment of the persons employed under the contract
and shall certify the following:
(A) That the payroll for the payroll period contains the
information required to be maintained under paragraph
(c)(1) of this clause and that such information is
correct and complete;
(B) That each laborer or mechanic (including each
helper, apprentice, and trainee) employed on the
contract during the payroll period has been paid the full
weekly wages earned, without rebate, either directly or
indirectly, and that no deductions have been made
either directly or indirectly from the full wages earned,
other than permissible deductions as set forth
in 29 CFR Part 3; and
(C) That each laborer or mechanic has been paid not less
(c) Payrolls and Basic Records.
than the applicable wage rates and fringe benefits or
cash equivalents for the classification of work
performed, as specified in the applicable wage
(1) Payrolls and basic records relating thereto shall be
maintained by the Contractor during the course of the work
and preserved for a period of three years thereafter for all
laborers and mechanics working in the construction or
development of the project. Such records shall contain the
name, address, and social security number of each such
worker, his or her correct classification, hourly rates of
wages paid (including rates of contributions or costs
anticipated for bona fide fringe benefits or cash equivalents
thereof of the types described in section 1(b)(2)(B) of the
Davis-Bacon Act), daily and weekly number of hours
worked, deductions made, and actual wages paid. Whenever
the Secretary of Labor has found, under 29 CFR
5.5(a)(1)(iv), that the wages of any laborer or mechanic
include the amount of costs reasonably anticipated in
providing benefits under a plan or program described in
section 1(b)(2)(B) of the Davis-Bacon Act, the Contractor
shall maintain records which show that the commitment to
provide such benefits is enforceable, that the plan or
program is financially responsible, and that the plan or
program has been communicated in writing to the laborers
or mechanics affected, and records which show the costs
anticipated or the actual cost incurred in providing such
benefits. Contractors employing apprentices or trainees
under approved programs shall maintain written evidence of
determination incorporated into the contract.
(iii) The weekly submission of a properly executed
certification set forth on the reverse side of Optional Form
WH-347 shall satisfy the requirements for submission of
the “Statement of Compliance” required by subparagraph
(c)(2)(ii) of this clause.
(iv) The falsification of any of the above certifications may
subject the Contractor or subcontractor to civil or criminal
prosecution under Section 1001 of Title 18 and Section
3729 of Title 31 of the United States Code.
(3) The Contractor or subcontractor shall make the records required
under subparagraph (c)(1) available for inspection, copying, or
transcription by authorized representatives of HUD or its
designee, the Contracting Officer, or the Department of Labor
and shall permit such representatives to interview employees
during working hours on the job. If the Contractor or
subcontractor fails to submit the required records or to make
them available, HUD or its designee may, after written notice to
the Contractor, take such action as may be necessary to cause
the suspension of any further payment, advance, or guarantee of
funds. Furthermore, failure to submit the required records upon
request or to make such records available may be grounds for
debarment action pursuant to 29 CFR 5.12.
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(d) Apprentices. Apprentices will be permitted to work at less than
specified in the applicable wage determination. Trainees shall
be paid fringe benefits in accordance with the provisions of the
trainee program. If the trainee program does not mention fringe
benefits, trainees shall be paid the full amount of fringe benefits
listed in the wage determination unless the Administrator of the
Wage and Hour Division determines that there is an
apprenticeship program associated with the corresponding
journeyman wage rate in the wage determination which
provides for less than full fringe benefits for apprentices. Any
employee listed on the payroll at a trainee rate who is not
registered and participating in a training plan approved by the
Employment and Training Administration shall be paid not less
than the applicable wage rate in the wage determination for the
classification of work actually performed. In addition, any
trainee performing work on the job site in excess of the ratio
permitted under the registered program shall be paid not less
than the applicable wage rate in the wage determination for the
work actually performed. In the event the Employment and
Training Administration withdraws approval of a training
program, the Contractor will no longer be permitted to utilize
trainees at less than the applicable predetermined rate for the
work performed until an acceptable program is approved.
the predetermined rate for the work they performed when they
are employed pursuant to and individually registered in a bona
fide apprenticeship program registered with the U.S.
Department of Labor, Employment and Training
Administration, Office of Apprenticeship Training, Employer
and Labor Services (OATELS), or with a State Apprenticeship
Agency recognized by OATELS, or if a person is employed in
his or her first 90 days of probationary employment as an
apprentice in such an apprenticeship program, who is not
individually registered in the program, but who has been
certified by OATELS or a State Apprenticeship Agency (where
appropriate) to be eligible for probationary employment as an
apprentice.
The allowable ratio of apprentices to journeymen on the job
site in any craft classification shall not be greater than the ratio
permitted to the Contractor as to the entire work force under
the registered program. Any worker listed on a payroll at an
apprentice wage rate, who is not registered or otherwise
employed as stated in this paragraph, shall be paid not less than
the applicable wage rate on the wage determination for the
classification of work actually performed. In addition, any
apprentice performing work on the job site in excess of the
ratio permitted under the registered program shall be paid not
less than the applicable wage rate on the wage determination
for the work actually performed. Where a contractor is
performing construction on a project in a locality other than
that in which its program is registered, the ratios and wage
rates (expressed in percentages of the journeyman’s hourly
rate) specified in the Contractor’s or subcontractor’s registered
program shall be observed. Every apprentice must be paid at
not less than the rate specified in the registered program for the
apprentice’s level of progress, expressed as a percentage of the
journeyman hourly rate specified in the applicable wage
determination. Apprentices shall be paid fringe benefits in
accordance with the provisions of the apprenticeship program.
If the apprenticeship program does not specify fringe benefits,
apprentices must be paid the full amount of fringe benefits
listed on the wage determination for the applicable
classification. If the Administrator of the Wage and Hour
Division determines that a different practice prevails for the
applicable apprentice classification, fringes shall be paid in
accordance with that determination. In the event OATELS, or a
State Apprenticeship Agency recognized by OATELS,
withdraws approval of an apprenticeship program, the
Contractor will no longer be permitted to utilize apprentices at
less than the applicable predetermined rate for the work
performed until an acceptable program is approved.
(f) Equal Employment Opportunity. The utilization of
apprentices, trainees, and journeymen under this clause shall be
in conformity with the equal employment opportunity
requirements of Executive Order 11246, as amended, and 29
CFR Part 30.
(g) Compliance with Copeland Act Requirements. The
Contractor shall comply with the requirements of 29 CFR Part
3, which are hereby incorporated by reference in this contract.
(h) Contract Termination; Debarment. A breach of the labor
standards clauses in this contract may be grounds for
termination of the contract and for debarment as a Contractor
and a subcontractor as provided in 29 CFR 5.12.
(i) Compliance with Davis-Bacon and related Act
Requirements. All rulings and interpretations of the Davis-
Bacon and related Acts contained in 29 CFR Parts 1, 3, and 5
are herein incorporated by reference in this contract.
(e) Trainees. Except as provided in 29 CFR 5.16, trainees will not
(j) Disputes Concerning Labor Standards. Disputes arising out of
the labor standards provisions of this clause shall not be subject
to the general disputes clause of this contract. Such disputes
shall be resolved in accordance with the procedures of the
Department of Labor set forth in 29 CFR Parts 5, 6, and 7.
Disputes within the meaning of this clause include disputes
between the Contractor (or any of its subcontractors) and the
PHA, HUD, the U.S. Department of Labor, or the employees or
their representatives.
be permitted to work at less than the predetermined rate for the
work performed unless they are employed pursuant to and
individually registered in a program which has received prior
approval, evidenced by formal certification by the U.S.
(k) Certification of Eligibility.
(1) By entering into this contract, the Contractor certifies that
Department of Labor, Employment and Training
neither it (nor he or she) nor any person or firm who has an
interest in the Contractor’s firm is a person or firm
ineligible to be awarded contracts by the United States
Government by virtue of section 3(a) of the Davis-Bacon
Administration. The ratio of trainees to journeymen on the job
site shall not be greater than permitted under the plan approved
by the Employment and Training Administration.
Every trainee must be paid at not less than the rate specified in
the approved program for the trainee’s level of progress,
expressed as a percentage of the journeyman hourly rate
Act or 29 CFR 5.12(a)(1).
(2) No part of this contract shall be subcontracted to any person
or firm ineligible for award of a United States Government
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Form HUD-5370-EZ (1/2014)
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DocuSign Envelope ID: D46CF610-FDE1-4AE1-B21B-91A43321B3CE
contract by virtue of section 3(a) of the Davis-Bacon Act or
29 CFR 5.12(a)(1).
(3) The penalty for making false statements is prescribed in the
U. S. Criminal Code, 18 U.S.C. 1001.
(l) Subcontracts. The Contractor or subcontractor shall insert in
any subcontracts all the provisions contained in this clause, and
such other clauses as HUD or its designee may by appropriate
instructions require, and also a clause requiring the
subcontractors to include these provisions in any lower tier
subcontracts. The prime Contractor shall be responsible for the
compliance by any subcontractor or lower tier subcontractor
with all these provisions.
(m) Non-Federal Prevailing Wage Rates. Any prevailing wage
rate (including basic hourly rate and any fringe benefits),
determined under State law to be prevailing, with respect to any
employee in any trade or position employed under the contract,
is inapplicable to the contract and shall not be enforced against
the Contractor or any subcontractor, with respect to employees
engaged under the contract whenever such non-Federal
prevailing wage rate exceeds:
(i)
the applicable wage rate determined by the Secretary of
Labor pursuant to the Davis-Bacon Act (40 U.S.C. 3141 et
seq.) to be prevailing in the locality with respect to such
trade;
(ii) an applicable apprentice wage rate based thereon specified
in an apprenticeship program registered with the U.S.
Department of Labor (DOL) or a DOL-recognized State
Apprenticeship Agency; or
(iii) an applicable trainee wage rate based thereon specified in
a DOL-certified trainee program.
Page 7 of 7
Form HUD-5370-EZ (1/2014)
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DocuSign Envelope ID: D46CF610-FDE1-4AE1-B21B-91A43321B3CE
PUBLIC HOUSING AUTHORITY REQUIREMENTS
Contractors, Service Providers, Professional & Technical Providers and their subcontractors are advised
that HUD “Section 3” regulations apply.
Section 3 Overview
Section 3 is a provision of the Housing and Urban Development (HUD) Act of 1968 (12 U.S.C. 1701u)
(section 3), which recognizes that HUD funds are typically one of the largest sources of federal funding
expended in communities. Section 3 is intended to ensure that employment and other economic
opportunities generated by certain HUD financial assistance shall, to the greatest extent feasible, and
consistent with existing Federal, State and local laws and regulations, be directed to low- and very low
income persons, particularly those who are recipients of government assistance for housing, and to
business concerns which provide economic opportunities to low- and very low-income persons.
The City of Chandler’s Housing Rehabilitation Program uses federal funding through HUD, and is
required to administer the Section 3 provisions, and follow 24 CFR- HOUSING AND URBAN
DEVELOPMENT, Part 135 - ECONOMIC OPPORTUNITIES FOR LOW- AND VERY LOW-INCOME PERSONS of
the Code of Federal Regulation pertaining to low and very low income person(s). Contractors, Service
Providers, Professional & Technical Providers and their subcontractors are advised that HUD “Section 3”
regulations apply to all program activities which generate employment opportunities.
ATTACHMENTS: COMPLETE AND SUBMIT TO THE CITY OF CHANDLER
Attachment 1/ Statement of Workforce Needs - (Fill out, sign, date and submit to the City of
Chandler)
Attachment 2/ Certification for Business Concerns Seeking SECTION 3 Preference in
Contracting and Demonstration of Capacity – Fill out, sign, date and submit to the City of
Chandler. All information is required if seeking Section 3 preference or not.)
Attachment 3/ HUD FY 2018 Income – (Required document; sign, date and submit with sealed
bid acknowledging that this document was provided)
Attachment 4/ Section 3 Income Verification/ Self-Certification-(Fill out, sign, date and submit
1 form for every employee to the City of Chandler only if applying for self-certification for Section
3)
Attachment 5/ Section 3 Compliance Certification- (Required document; fill out, sign, date and
submit to the City of Chandler)
Page 47 of 53
DocuSign Envelope ID: D46CF610-FDE1-4AE1-B21B-91A43321B3CE
REQUIREMENTS /ATTACHMENT 1
SECTION 3 STATEMENT OF WORKFORCE NEEDS
The Workforce Need Statement Worksheet gathers the following required information:
1.
employees you will need on this project- how many people will you to hire?
2.
employees currently filling each position - how many people are already working?
3.
estimated employees needed to fill each position - subtract the number of employees
currently filling each position from number of employees needed for each positions to complete
the estimated number of employees.
4.
estimated number of Section 3 employees to be hired to fill the open positions - use column
3 to estimate the number of Section 3 residents you anticipate hiring.
Professional Service Provider Information:
Company Name: --.l,,i;UL.JD,JL.!..._l....!...._t)!=U'...._.l,"#.1...!...:$u...,;L-__________ _
Owner(s) Name :_---==-=-.:..LJl'-LI,bc£.lllL.L.>ILL'-=-4--.-------,------........----==---.------
Add ress: .....i-%O&....µ'().!:J,....=:___..!,1!_.!.....k...:...!...J*µ_.1..;L./--1----::IU......!......1,L....:...J... ____ -=---=-
P hone:
0 W 1-f.o N{b(} I i'rY!.
TYPE OF BUSINESS:
Technicians
Office/Clerical
Officials/Managers
Sales
0
Craft Workers
t
(skilled)
Equipment
Operators
(semi-skilled)
Laborers (unskilled)
\
Service Workers
Other Construction
Trades
TOTALS
Co
Corporation
Partnership
Sole Proprietorship
Estimated Project Workforce Breakdown
(Do not leave blank spaces)
D
0
G
()
C)
()
0
\)
a
r
0
By signing below, I am certifying that the above in rmation is an accurate estimate of workforce needs
for this project.
Authorized Signature
Date
Page 48 of 53
DocuSign Envelope ID: D46CF610-FDE1-4AE1-B21B-91A43321B3CE
REQUIREMENTS /ATTACHMENT 2
CERTIFICATION FOR SEEKING SECTION 3 PREFERENCE
IN CONTRACTING WITH THE CITY OF CHANDLER PROJECTS & DEMONSTRATION OF CAPABILITY
Company Name: f)Olfn'h S>:t\Pv'\
Company Owner(s): l. (Q. S-!-C\y)
Address: e-o '&Q'{. \ZJ- G(.;i,lK<itAfL A2 853 \ t
Phone:
"
-01\\
Fax: ( tfZ3-. tf31- p{Vrnail: ____ _
D Partnership
D Sole Proprietorship
SECTION 3 DETERMINATION:
If the answer to any of the questions below is YES, the business qualifies as a Section 3 Business Concern.
Please provide the required documentation as needed to the City of Chandler.
1. Is the business owned (51% or more) by individuals whose household incomes are NO GREATER THAN
80% of Area Median Income? (Please see attachment 3) D Yes
T No
If yes, the business is considered a 'Section 3 Resident-Owned Enterprise'.
One form of
documentation is needed for each of the business owners:
D Federal Income Tax Returns
O W-2 Income Statements
O Paycheck Stubs
D Evidence of Public Assistance
O Other:
2. Do 30% (or more) of your full time, permanent employees have household incomes that are NO
GREATER THAN 80% of Area Median Income? {Please see attachment 3) D Yes
U No
If yes, the business is considered a Section 3 Business Concern. Please provide the following:
D List of all current Full Time employees (attach a separate sheet to this form)
D Self-Certification Income Form (see attachment 4) for all employees earning less than 80% of median
income
3. Will you subcontract more than 25% of this contract with any business that is either 51% owned by
Section 3 residents or 30% or more of its employees are Section 3 residents? 0 Yes j?J No
If yes, please provide the following documentation:
D List of subcontracted Section 3 business(es) and subcontract amount
D Evidence which identifies the subcontractor is considered a Section 3 Business Concern (Sections 1
and 2 above provide examples of evidence to be used to identify a Section 3 Business Concern)
Authorized Signature
Date
Page 49 of 53
DocuSign Envelope ID: D46CF610-FDE1-4AE1-B21B-91A43321B3CE
HUD FY 2021 INCOME LIMITS - MARICOPA COUNTY
CDBG and HOME FUNDED PROGRAMS/PROJECTS
The FY 2021 Income Limits are in effect as of July 1, 2021. For all CDBG & HOME programs/projects, moderate-income is
defined at or below 80% of Area Median Income (AMI) but greater than 50% AMI; low-income is defined at or below 50% of AMI.
2019 Income Limit
Categories
MAXIMUM INCOME BY HOUSEHOLD SIZE
Persons In Household
1
2
3
4
5
6
7
8
0-30% AMI
(Extremely Low Income)
16,600
19,000
21,350
23,700
25,600
27,500
29,400
31,300
31 - 50%
(Very Low Income)
27,650
31,600
35,550
39,500
42,700
45,850
49,000
52,150
51-60%
(Low Income)
33,180
37,920
42,660
47,400
51,240
55,020
58,800
62,580
61-80%
(Moderate Income)
44,250
50,600
56,900
63,200
68,300
73,350
78,400
83,450
72,900 median
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REQUIREMENTS /ATTACHMENT 4
SECTION 3 INCOME VERIFICATION AND SELF CERTIFICATION
FOR PERMANENT FULLTIME EMPLOYEES
Date:
Last 4 No.SSN
Name:
Last Name
First Name
M.I.
Address:
Street
City
Zip
Male:
Female:
Phone No. _______________________
It is the policy of these employers to provide equal opportunity to all of the employees and applicants for
employment and to ensure that there be no discrimination against any persons on the grounds of race,
color, national origin, political affiliation, sexual preference, age, or sex. The following questions are for
the purpose of tracking the hiring benefits of this project and are optional and will remain confidential.
This information will not be made a part of your personnel records.
Race/Ethnic Group (check)
African American
Am. Indian / Native American
Asian / Pacific Islander
Caucasian
Hispanic / Latino
Other
Annual Household Income (Please check one income box for your family size)
Yearly Household Income
Family Size
Less than
or
greater than
1
$44,250
or
$44,251
2
$50,600
or
$50,601
3
$56,900
or
$56,901
4
$63,200
or
$63,201
5
$68,300
or
$68,301
6
$73,350
or
$73,351
7
$78,400
or
$78,401
8
$83,450
or
$83,451
This income can be verified by:
Federal Income Tax Returns / W2s
Pay Stubs / Other Income
Stubs
__________Housing Authority
AHCCS, ALTCS, TANF, or
Food Stamp Recipient
Certification and Agreement
This information will be used to ensure compliance with U.S. Department of Housing and Urban
Development Section 3 eligibility requirements. With your signature, you are certifying that the above
information is correct to the best of your knowledge; falsifying information on this form is a federal
offense. The penalty for making false statements is prescribed in the US Criminal Code 18 U.S.C. 1001.
__________________________________________
_____/_____/_____
Signature of Employee
Date
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REQUIREMENTS /ATTACHMENT 5
SECTION 3 COMPLIANCE CERTIFICATION
ECONOMIC OPPORTUNITIES FOR LOW AND VERY LOW INCOME PERSONS
The Section 3 Compliance Certification form is provided to ensure that each entity contracting with the
City of Chandler federally funded projects are aware of the requirements and clauses that will be
required in all Section 3 covered contracts.
The City of Chandler Housing & Redevelopment Division will ensure that the following clauses are
included in all Section 3 covered contracts. The Professional & Technical Service provider will be bound
by its provisions.
Every applicant, recipient, contracting part, Contractor, Professional & Technical Service providers and
subcontractors shall incorporate, or cause to be incorporated, in all Contractors for work in connection
with a Section 3 covered project, the following clause:
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. 170lu (section 3).
The purpose of section 3 is to ensure that employment and other economic opportunities
generated by HUD assistance of 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 Professional & Technical Service provider agrees to send to each labor organization or
representative of workers with which the Contractor has a collective bargaining agreement
or other understanding, if any, a notice advising the labor organization or workers’
representative of the Professional & Technical Service provider 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 Professional & Technical Service provider 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 a finding that the subcontractor is in violation of the regulations in 24
CFR part 135. The Professional & Technical Service provider will not subcontract with any
subcontractor where the Professional & Technical Service provider has notice or knowledge
that the subcontractor has been found in violation of the regulations in 24 CFR part 135.
E. The Professional & Technical Service provider will certify that any vacant employment
positions, including training positions, that are filled (1) after the Professional & Technical
Service provider is selected but before the contract is executed, and (2) with persons other
Page 52 of 53
DocuSign Envelope ID: D46CF610-FDE1-4AE1-B21B-91A43321B3CE
than those to whom the regulations of 24 CFR part 135 require employment opportunities
to be directed, were not filled to circumvent the Professional & Technical Service providers
obligations under 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.
This form provides technical specifications as part of the HUD requirements pertaining to Section 3. The
Professional & Technical Service provider that is selected for this project will be required to provide this
form to any subcontractor hired for this project. If you are the selected Professional & Technical Service
provider for this project, you must agree to comply with Steps 1, 2 & 3 below:
1.
You must sign and date this form for every pay period in connection with this project and
include with your Pay Application, and Davis-Bacon Certified Payroll Report:
2.
In connection with this project, you must also complete, sign, date, and submit a progress report
for every pay period worked, to the City of Chandler.
I have read, understand, and agree to comply with these requirements as stated above.
\'\f\ \Jf\)-(\ c:irvn-ro+
Company Name (please print)
Lance &2aj ta(\
Authorized Name (please print)
j NS6V\ t
Title of erson Authorized to Sign (please print)
Signature
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