HO2-988-4387 Public Housing Landscape Maintenance Agreement
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City Clerk Document No.
Public Housing Authority Commission Meeting Date: November 1, 2021
CITY OF CHANDLER SERVICES AGREEMENT
PUBLIC HOUSING LANDSCAPE MAINTENANCE
CITY OF CHANDLER AGREEMENT NO. HO2-988-4387
THIS AGREEMENT (Agreement) is made and entered into by and between the City of Chandler, an
Arizona municipal corporation (City), and Brightview Landscape Services, Inc., an Arizona
Corporation (Contractor), (City and Contractor may individually be referred to as Party and
collectively referred to as Parties) and made
, 2021 (Effective Date).
RECITALS
A. City proposes to provide public housing landscape 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
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
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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.
The term of the Agreement is one year, and begins on November 15, 2021 and ends on November
14, 2022 unless sooner terminated in accordance with the provisions of this Agreement. The City
and the Contractor may mutually agree to extend the Agreement for up to four additional terms of
one year each, or portions thereof. The City reserves the right, at its sole discretion, to extend the
Agreement for up to 60 days beyond the expiration of any extension term.
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 $100,000. 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.
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
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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, 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
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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, 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:
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For the City
For the Contractor
Name:_Larry Mickel__________________________ Name:__Jon Hasbrouk______________
Title: _Housing Project Coordinator__________ Title:_Vice President & General Manager_
Address: _235 S. Arizona Ave. ________________ Address: _620 N. Golden Key_____________
_Chandler, AZ 85225_________________________ _Gilbert, AZ 85233_______________________
Phone:__480-782-3204_______________________ Phone: _480-276-6772___________________
Email: _larry.mickel@chandleraz.gov_________ Email:_katerina.villagomez1@brightview.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.
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
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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.
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.R.S. §§ 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.
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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 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
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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.
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.
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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.
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 – Site Addresses
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Exhibit B - Compensation and Fees
Exhibit F – Site Maps
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 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.
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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 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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This Agreement shall be in full force and effect only when it has been approved and executed
by the duly authorized City officials.
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VPGM
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SCOPE OF WORK
1. STATEMENT OF PURPOSE:
1.1. Contractor will provide the City of Chandler Housing and Redevelopment Division
(HRD) with landscape maintenance services for the City’s Public Housing properties.
1.2. HRD owns and maintains five (5) apartment complexes, and 103 single-family
homes. This contract includes the annual landscape maintenance of five (5)
apartment complexes and landscape services for the scattered single family homes
on an as needed basis.
2. SCOPE OF WORK:
2.1. Apartment Sites Tree Pruning (Lot One):
2.1.1. Apartment site tree pruning shall be performed as needed at the five (5) public
housing apartment.
2.1.2. Prune all trees on the sites in an acceptable and methodical manner, using
selective pruning in keeping with good horticultural practices.
2.1.3. All trees shall be trimmed a minimum of five (5) feet above roofs, three (3) feet
from the face of buildings, eight (8) feet above sidewalks, and 13’-6” above
driveways and streets.
2.1.4. Pruning shall include the removal of dead, dying, diseased, crossing and broken
branches; not to exceed 25 feet in height, of each tree.
2.1.5. Pruning at heights over 25 feet where climbing gear or man lifts are required,
shall NOT be included in the annual service agreement. These pruning tasks
will be performed on an as needed basis and will be billed separately from the
annual contract using specific cost quotes.
2.1.6. Additional touch up tree trimming and pruning services may be required
throughout the year on an as need basis and will be billed separately from the
annual contract using independent cost quotes.
2.2. Apartment Sites Shrub Pruning (Lot One):
2.2.1. Apartment site shrub pruning shall be performed as needed at the five (5)
public housing apartment sites.
2.2.2. All shrubs shall be pruned a minimum of three (3) feet from buildings, one (1)
foot from curbs, sidewalks, drives, and parking spaces.
2.2.3. Prune all shrubs on the sites in an acceptable and methodical manner, using
selective pruning in keeping with good horticultural practices.
2.3. Apartment Sites Cleanup (Lot One):
2.3.1. Apartment site cleanup shall be performed one (1) time per month at the five
(5) public housing apartment sites.
2.3.2. Apartment site cleanup shall consist of removing vegetation debris, trimmings,
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leaves, weeds and trash from the site.
2.3.3. Pick-up bulk items such as but not limited to couches, tv's, mattresses, etc.,
and dispose of them at the landfill weekly. Include disposal fees in cost.
2.3.4. Site cleanup includes all landscaped areas, lawns, granite, playgrounds, courts
and sidewalks.
2.3.5. The asphalt driveways and parking areas are not included.
2.4. Apartment Sites Lawn Mowing (Lot Two):
2.4.1. Lawn mowing shall be performed at two (2) of the public housing apartment
sites located at 73 S. Hamilton St. and 660 S. Palm Ln.
2.4.2. Lawn mowing shall be performed (1) time a week starting April 15 and ending
November 1 for the apartment sites located at 73 S. Hamilton St. and 660 S. Palm
Ln.
2.4.3. All turf shall be mowed to not less than 1-1/2” in height and no more than 2” in
height. The height of cutting to be maintained consistently to insure against
mower burns or gouging.
2.4.4. Turf will be edged and trimmed as necessary to maintain a neat appearance.
2.4.5. All lawn areas inaccessible to mowing equipment will be trimmed. Care shall
be taken with trimmers to avoid damaging tree trunks and property.
2.4.6. Prior to mowing, the area shall be cleaned and free of all debris, trash, bottles
and miscellaneous litter.
2.4.7. Bagging of grass will not be required unless there are piles of grass left after
mowing or deemed necessary by the MS.
2.5. Apartment Sites Weed Control (Lot Three):
2.5.1. Contractor shall be responsible for keeping the five (5) apartment sites free of
weeds and unwanted grass.
2.5.2. Contractor shall maintain the areas with herbicides and manual labor as
needed.
2.5.3. Pre-Emergent: Two (2) complete applications of Surflan, or approved alternate,
applied at a rate of 4 quarts per acre for all sites.
2.5.4. Post-Emergent: Post emergent herbicides shall be used by the Contractor for
weed control as needed at the Contractor’s expense.
2.5.5. Weeds that exceed 3” in height or diameter shall be manually removed.
2.5.6. All dead weeds and chemically controlled weeds shall be removed or raked out.
2.5.7. All turf areas shall be treated for weed control in the winter with one (1)
application of broadleaf weed control. Any additional turf applications shall be
applied at Contractor’s expense. Mowing of grass is not considered a weed
control measure.
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2.5.8. Any additional herbicide application needed, other than the required
applications of pre-emergent and turf herbicide, shall be the Contractor’s
responsibility and applied at their own expense.
2.5.9. Contractor shall complete and furnish copies of herbicide Spray Logs with the
billing invoices to the MS on a monthly basis.
2.5.10.
No soil sterilants of any type shall be used.
2.6. Additional Landscape Maintenance Services (As Needed):
2.6.1. During the term of the contract HRD may require the Contractor to provide
additional landscape services on an as needed basis.
2.6.2. A scope of work will be determined by the MS and the Contractor shall
provide a quote for the cost of services. No work shall be performed prior to
approval by the MS.
2.6.3. The additional landscape services may include items listed in the scope of
work and include tree removal, stump grinding, landscaping installation,
tree/shrub planting, palm tree trimming, tree lacing and vegetation removal.
2.7. Scattered Single Family Home Yard Maintenance (As Needed):
2.7.1. Yard maintenance services on the scattered single family homes typically
result from a neglected yard and must be completed expeditiously within five
(5) days of notification.
2.7.2. Yard maintenance services may include yard cleanup, weed control, mowing,
trimming, and irrigation repairs as described in the scope of work. The cost
for, “Scattered Home Yard Maintenance” shall be inclusive of all tasks listed.
2.7.3. Scatted home yard cleanup shall involve the removal of all debris as directed
by the MS, including but not limited to such items as lawn clippings, pruned
vegetation, weeds, and trash.
2.7.4. Alley cleanup behind the property may be requested and would require the
removal of debris within the property lines to the middle of the alley.
2.8. Emergency Landscape Services: Emergency landscape services may be requested
for landscape related damage that pose an immediate safety hazard, blocks traffic,
restricts the use of sites or causes a similar nuisance. Emergency services typically
result from storm damage or fallen trees/branches that require cleanup and
removal.
2.9. General Requirements:
2.9.1. The City reserves the right to change the frequency and schedule of landscape
services provided in this contract.
2.9.2. Contractor shall supply, at Contractor’s own expense, all labor, supervision,
parts, materials, chemicals, tools, equipment, and transportation necessary to
perform all the specified landscape services.
2.9.3. Contractor shall comply with applicable federal, state and local laws,
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ordinances, and codes associated with the specified landscape services.
2.9.4. Contractor shall obtain any licenses, permits and certifications required to
perform the work specified in this RFP.
2.9.5. All Debris resulting from landscape services shall be removed from the City’s
property and legally disposed of at the end of each work day. Contractor will
vacuum or sweep up all remaining debris, leaves, and clippings from sidewalks,
parking spaces, driveways, gravel areas, and playgrounds prior to leaving the
site.
2.9.6. Contractor shall not sweep or blow trash, leaves, clippings, or landscape debris
into planters, driveways, parking, and playgrounds, or onto adjacent property.
3. LANDSCAPE SERVICE COSTS:
3.1. The annual landscape services for the five (5) apartment sites shall be categorized as
follows in accordance with the price page:
3.1.1. Lot One: Apartment Sites Tree Pruning, Apartment Sites Shrub Pruning, and
Apartment Sites Cleanup
3.1.2. Lot Two: Apartment Sites Lawn Mowing
3.1.3. Lot Three: Apartment Sites Weed Control
3.2. Scattered Single Family Home Yard Maintenance and Additional Landscape
Maintenance Services will be quoted by the Contractor on an as needed basis.
3.3. Emergency landscape services shall be priced on a per man hour rate for debris
cleanup utilizing hand tools typically used for landscape maintenance, cleanup and
pruning. In the event special equipment is needed (i.e. backhoe, man lift, crane) a price
quote will be provided by the Contractor and must be approved by HRD prior to
starting work.
3.4. Contractor shall provide proper equipment and tools. HRD will not pay for extra
man hours when labor saving devices are readily available to efficiently and
effectively provide landscape services as set forth in this contract.
4. PROPERTY LOCATIONS AND DESCRIPTION:
4.1. The five (5) apartment sites are located at 130 N. Hamilton St., 210 N. McQueen Rd.,
73 S. Hamilton St., 660 S. Palm Ln., and 127 N. Kingston St. See site maps Exhibit F.
4.2. With the exception of 660 S. Palm Lane, landscaping services shall cover the entire
site within the property boundaries including the landscaped areas between the site
wall and the adjacent streets, as shown on the site maps.
4.3. At 660 S. Palm Lane, the landscape strip between the west property wall and
Nebraska Street shall not be included in the landscape service area.
4.4. The Family Investment Center located at 71 S. Hamilton St. shall be included with
the 73 S. Hamilton St. apartment site landscape maintenance services described in
the Scope of Work (section 2).
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4.5. The 103 single family homes located within the Chandler City limits.
5. PROCUREMENT AND BILLING:
5.1. Routine landscape services shall be billed monthly for work performed.
5.2. Non-routine (As Needed) landscape service work shall be performed by the
Contractor after receiving written approval for proposed/quoted work.
5.3. Upon completion of service work, the Contractor shall provide a monthly invoice
signed by the service representative. The invoice shall include, but not be limited to,
the following information:
5.3.1. Company name, address, and phone number
5.3.2. Purchase order number
5.3.3. Invoice date
5.3.4. Invoice number
5.3.5. Date of service
5.3.6. Detailed description of the work performed
5.3.7. Itemized list of all charges (quantity, description, unit pricing per the contract)
5.3.8. Tax amount (if applicable)
5.3.9. Arrival, departure, and total time spent on job.
6. SERVICE HOURS & RESPONSE TIME:
6.1. Regular Service Hours: Contractor shall provide landscape services Monday
through Friday from 8:00 AM to 5:00 PM.
6.2. Response Time for Additional Landscape Services: Contractor shall respond on-
site and start work within five (5) days of receiving a request for services from HRD.
6.3. Emergency Request: Contractor shall arrive to the property location for emergency
service requests within 24 hours after notification by HRD, including weekends and
holidays, and start mitigation of the emergency item(s).
6.4. Scattered Single Family Home Yard Maintenance: Yard maintenance services on
the scattered single family homes typically results from a neglected yard and must
completed expeditiously within five (5) days of notification. In the event
maintenance services are extensive, completion time may be extended at the
discretion of the MS.
7. CONTRACTOR QUALIFICATIONS:
7.1. Contractor shall have a current Arizona Registrar of Contractors CR-21 Landscaping
and Irrigation Systems license.
7.2. Contractor shall have a minimum of five (5) years’ experience as an Arizona Registrar
of Contractors licensed landscaping service Contractor.
7.3. Contractor shall comply with all applicable federal, state and local laws, rules,
regulations, ordinances and codes and possess any license(s), permits, and
certifications required to provide the services under this RFP.
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7.4. Contractor shall have a current license through the Office of Pest Management for the
application of herbicide products at the time of submittal. All chemical application
must be done by applicators certified through the Office of Pest Management.
7.5. Contractor shall have an ISA Certified Arborist or Certified Tree Worker available to
train, oversee and supervise all pruning of trees.
8. QUALITY CONTROL:
8.1. 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. All work shall be executed
by personnel skilled in their respective lines of work.
8.2. All work specified herein shall be completed under the direction of and to the
satisfaction of the MS or designee.
8.3. Contractor shall establish a complete quality control program to assure the
requirements of the contract are provided as specified. One copy of the Contractor's
quality control program shall be provided to the MS and the Purchasing Division for
approval at the time of award. The Contract Administrator/designee will approve or
disapprove the Contractor's program within 10 working days of submittal. Contractor
must have an approved program before commencing work under this Agreement.
8.4. The MS or designee will monitor Contractor's performance to insure Contractor
compliance with the requirements of the contract. In the event a deficiency exists,
Contractor will be required to explain in writing why performance was unacceptable,
how performance will be returned to acceptable levels, and how reoccurrence of the
problem will be prevented in the future. Deficiencies shall be corrected by Contractor
within five (5) business days. The Contractor will not be paid for services not rendered
in accordance with the standards set forth in this contract, notwithstanding that the
Contractor is required to rework services that were unsatisfactorily performed.
8.5. Contractor shall apply all chemicals, in accordance with all applicable laws, rules, and
regulations as well as manufacturer’s instructions.
8.6. All site chemical applications shall be performed by applicators licensed through
Arizona Department of Agriculture, Office of Pest Management (OPM).
8.7. Contractor shall only apply chemicals approved and registered by the Environmental
Protection Agency and considered safe for use in residential areas by the OPM.
8.8. Contractor shall have a program in place to alternate chemical treatments in order to
avoid reduction in effectiveness of treatments over time.
8.9. Pruning standards shall follow the Arizona Landscape Contractor Association
Standards for Landscape Care for correct pruning.
9. SITE USE AND SAFETY REQUIREMENTS:
9.1. The Contractor’s employees shall be identified by a company shirt and identification
badge. No employee will be allowed on the City’s properties out of uniform.
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9.2. All vehicles used by the Contractor must be clearly identified with the name of the
company and local phone number.
9.3. Contractor must take necessary safety precautions to prevent any work related
safety hazards for employees, residents and the public while performing work under
this contract.
9.4. Contractor shall follow OSHA and industry safety standards, and use only industry
approved safety equipment in accordance with OSHA and the manufacturer’s
specifications in the performance of all duties.
9.5. Contractor shall be responsible for cleaning, repairing, or replacement of any
damage to the City’s or resident’s property caused by the Contractor while
performing work associated with this service agreement.
9.6. Any damage to sprinkler or irrigation systems, caused by the Contractor shall be
repaired prior to the leaving the site.
9.7. City dumpsters and/or resident trash containers shall not be used for disposal of
any related material.
9.8. Contractor can park in visitor spaces; parking in designated spaces is not permitted.
10. HUD MAINTENANCE WAGE RATES DETERMINATION (MWRD): The U.S. Department
of Housing and Urban Development (HUD) has determined that, for non-construction
maintenance work (work not covered by Davis-Bacon requirements), the Housing
Authority (HA) must ensure that Contractors do not pay its employees that perform such
work for the HA at a rate less than the rates listed on the HUD MWRD table below.
Contractor agrees to and verifies that he/she will not pay his/her employees at rates less
than the following:
10.1.
HUD Maintenance Wage Rate Determination for the City of Chandler
Housing Division
Classification
HUD Determined Wage
Rate
HUD Determined Fringe
Benefit
Groundskeeper
$15.50
$1.74
Laborer
$13.69
$1.57
10.2. The Groundskeeper position performs mowing, trimming, weeding, planting,
cultivation, watering, pruning, irrigation repairs, and applying fertilizers,
herbicides, and pesticides.
10.3. The Contractor is not required to submit certified payrolls or pay employees
weekly as required by Davis-Bacon and related acts.
10.4. The Housing Division is required to perform periodic checks to verify that
employees are being paid at least the wage rates indicated in the HUD MWRD for
the work performed under this service contract.
11. CONDITION OF MAINTENANCE AREAS AT BEGINNING OF CONTRACT. Upon receiving
official notification that an Agreement has been approved by City Council, Contractor shall
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inspect the area for identification of pre-existing conditions that would prevent or
adversely affect completion of any normal specific deficiencies found at each Agreement
area and submit the list to the MS or designee for review before a Notice to Proceed or
purchase order will be issued. The Contract Administrator/designee will evaluate each
problem listed to determine if extra compensation is warranted for repair work prior to
starting routine maintenance.
The MS or designee may authorize the Contractor to make extra cost repairs or may
determine that the items listed represent normal conditions that might be expected at any
time during the contract period.
The determination or disposition of all items listed shall be the responsibility of the MS or
designee, whose decision shall be final and binding upon the Contractor. All repairs to pre-
existing conditions deemed necessary and authorized by the MS or designee, shall be
made prior to the start of normal maintenance for the identified areas.
12. CONDITION OF MAINTENANCE AREAS AT END OF CONTRACT: Thirty days prior to the
expiration or termination of this Agreement, the MS or designee and the Contractor (if
desired) will make a final inspection to determine the condition of all maintenance areas.
Items found to be improperly maintained by the outgoing Contractor will be listed and
evaluated by the MS or designee.
If the Contractor does not take correcting action, the Contract Administrator/designee will
arrange for repairs to be made and the costs for making repairs to the areas will be
deducted from final payments to the outgoing Contractor. The same will apply even if the
current (outgoing) Contractor has been awarded a new Agreement for the same areas.
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EXHIBIT B
PRICE PROPOSAL PAGE
Apartment Sites Annual Landscape Services
ITEM
Unit of
Measure
Cost
Lot One: Apartment Sites Tree and Shrub Pruning,
and Cleanup (Sections 2.1, 2.2, 2.3)
Annual
$61,110.68
Lot Two: Apartment Sites Lawn Mowing (Section
2.4)
Annual
$6,758.69
Lot Three: Apartment Sites Weed Control (Section
2.5)
Annual
$1,710.54
Hourly Rates for As Needed Landscape Services
ITEM
Unit of
Measure
Cost
Yard & Site Cleanup General
Per Man Hour
$42
Scattered Home Yard Maintenance
Per Man Hour
$45
Weed Control (manual & chemical)
Per Man Hour
$65
Lawn Mowing & Edging
Per Man Hour
$45
Tree Trimming & Pruning
Per Man Hour
$75
Shrub Trimming
Per Man Hour
$45
Irrigation Repair
Per Man Hour
$55
Pre-emergent Herbicide
Per 1,000 sq ft $15
Emergency Landscape Services
Per Man Hour
$75
Tree Removal As Needed (including removal from property)
Tree Height
0-6’
Per Each
$225
6’1” – 12’
Per Each
$375
12’1” – 18’
Per Each
$525
18’1” – 24’
Per Each
$750
24’1” – 30’
Per Each
$1,050
30’1” – 40’
Per Each
$1,800
40’1” – 50’
Per Each
$3,
000
Stump Grinding (minimum 12" depth below grade)
Stump Diameter
1"-12"
Per Each
$60
1'1"-2'0"
Per Each
$150
2'1"-3'
Per Each
$225
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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
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occurrence, $4,000,000 aggregate. Said insurance must also include coverage for products
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.
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.
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.
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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.
A.
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.
DocuSign Envelope ID: 1FE18739-3EA0-4DA5-B576-3ED146E21738
Page 25 of 58
EXHIBIT D TO AGREEMENT
SPECIAL CONDITIONS
NONE
DocuSign Envelope ID: 1FE18739-3EA0-4DA5-B576-3ED146E21738
Address
City
401 S COLORADO STREET
CHANDLER, AZ 85225-6311
402 S COLORADO STREET
CHANDLER, AZ 85225-6312
454 S COLORADO ST
CHANDLER, AZ 85225
455 S. COLORADO ST.
CHANDLER, AZ 85225
701 S COLORADO STREET
CHANDLER, AZ 85225-6300
721 S COLORADO ST
CHANDLER, AZ 85225-6300
741 S COLORADO STREET
CHANDLER, AZ 85225-6300
761 S COLORADO STREET
CHANDLER, AZ 85225-6300
781 S COLORADO STREET
CHANDLER, AZ 85225-6300
801 S COLORADO ST
CHANDLER, AZ 85225
130 S DAKOTA ST
CHANDLER, AZ 85225
400 S DELAWARE ST
CHANDLER, AZ 85225-6318
13 S HAMILTON ST
CHANDLER, AZ 85225-5618
23 S HAMILTON ST
CHANDLER, AZ 85225
33 S HAMILTON STREET
CHANDLER, AZ 85225
43 S HAMILTON ST
CHANDLER, AZ 85225
53 S HAMILTON STREET
CHANDLER, AZ 85225-5618
3 S HAMILTON
CHANDLER, AZ 85225-5618
388 S OREGON STREET
CHANDLER, AZ 85225-7813
328 S OREGON ST
CHANDLER, AZ 85225
338 S OREGON STREET
CHANDLER, AZ 85225
354 S OREGON ST.
CHANDLER, AZ 85225
401 S PALM LANE
CHANDLER, AZ 85225-7809
411 S PALM LN
CHANDLER, AZ 85225-7809
489 S WASHINGTON ST
CHANDLER, AZ 85225-6346
110 S 130TH PLACE
CHANDLER, AZ 85225-5913
223 S 132ND STREET
CHANDLER, AZ 85225-6023
95 S 132ND STREET
CHANDLER, AZ 85225-6005
221 S 95TH ST
CHANDLER, AZ 85224
784 N ALMA SCHOOL ROAD
CHANDLER, AZ 85224
869 N ALMA SCHOOL ROAD
CHANDLER, AZ 85224-3662
336 N APACHE DRIVE
CHANDLER, AZ 85224-4305
587 N APACHE DRIVE
CHANDLER, AZ 85224-4324
423 N ARROWHEAD DR
CHANDLER, AZ 85224
1217 W BENTRUP ST
CHANDLER, AZ 85224-1305
1425 W BENTRUP ST
CHANDLER, AZ 85224-1386
1618 W. BOISE PL
CHANDLER, AZ 85224
2103 N BULLMOOSE DR
CHANDLER, AZ 85224
2154 W BUTLER DR
CHANDLER, AZ 85224
2200 W BUTLER DR
CHANDLER, AZ 85224
2306 E BUTLER DRIVE
CHANDLER, AZ 85225-5923
864 N CALIFORNIA ST
CHANDLER, AZ 85225
664 E CALLE DEL NORTE
CHANDLER, AZ 85225-8437
3522 W CARLA VISTA DRIVE
CHANDLER, AZ 85226-4068
3321 N CARRIAGE LANE
CHANDLER, AZ 85224
1803 W CHEYENNE DRIVE
CHANDLER, AZ 85224-1854
2131 N COLLEGE CT
CHANDLER, AZ 85224-2629
1766 W COLT ROAD
CHANDLER, AZ 85224-2602
2513 E COMMONWEALTH CIR
CHANDLER, AZ 85225
2617 E COMMONWEALTH CIR
CHANDLER, AZ 85225-6094
584 N COMANCHE DRIVE
CHANDLER, AZ 85224-4331
1507 W Comstock Dr
CHANDLER, AZ 85224
213 N COUNTRY CLUB WAY
CHANDLER, AZ 85226-4003
1510 W CURRY STREET
CHANDLER, AZ 85224
EXHIBIT E
Page 26 of 58
DocuSign Envelope ID: 1FE18739-3EA0-4DA5-B576-3ED146E21738
1319 N DAKOTA
CHANDLER, AZ 85225
2104 W DETROIT STREET
CHANDLER, AZ 85224-4221
1218 W ERIE STREET
CHANDLER, AZ 85224-4317
457 W ERIE ST
CHANDLER, AZ 85225
696 N EVERGREEN ST
CHANDLER, AZ 85225-7225
857 N EVERGREEN STREET
CHANDLER, AZ 85225
556 W. FLINT ST.
CHANDLER, AZ 85225
725 W. GAIL DRIVE
CHANDLER, AZ 85225
760 W GARY DR
CHANDLER, AZ 85225
440 W HARRISON STREET
CHANDLER, AZ 85225-6750
538 W HARRISON STREET
CHANDLER, AZ 85225-6748
613 E HARRISON ST
CHANDLER, AZ 85225
1940 N ILLINOIS ST
CHANDLER, AZ 85225-7077
1990 N IOWA STREET
CHANDLER, AZ 85225-7080
188 W IRONWOOD STREET
CHANDLER, AZ 85225-6622
564 W IRONWOOD STREET
CHANDLER, AZ 85225
744 W KNOX RD
CHANDLER, AZ 85225
6323 W LAREDO ST
CHANDLER, AZ 85226-1724
714 E. LAREDO ST
CHANDLER, AZ 85225
142 W LINDA LANE
CHANDLER, AZ 85225
1724 W LOUGHLIN DRIVE
CHANDLER, AZ 85224-1850
635 E MANOR DR
CHANDLER, AZ 85225
1750 W MARIPOSA COURT
CHANDLER, AZ 85224-6605
1512 W MARLBORO ST
CHANDLER, AZ 85224-1842
786 N MEADOWS DRIVE
CHANDLER, AZ 85224-3528
2226 W MONROE
CHANDLER, AZ 85224
527 W MONTEREY ST
CHANDLER, AZ 85225
797 W MONTEREY ST
CHANDLER, AZ 85225
840 W MONTEREY ST
CHANDLER, AZ 85225-4401
298 N NEBRASKA STREET
CHANDLER, AZ 85225-4575
319 W NOPAL PLACE
CHANDLER, AZ 85225-2665
206 S OAK STREET
CHANDLER, AZ 85226
1190 W OAKLAND ST
CHANDLER, AZ 85224
98 W OAKLAND STREET
CHANDLER, AZ 85225-4537
198 W ORCHID LN
CHANDLER, AZ 85225
1199 W. PALOMINO DR.
CHANDLER, AZ 85224
813 W. PALOMINO DR.
CHANDLER, AZ 85225
947 W PARK AVENUE
CHANDLER, AZ 85225-6508
1714 N PENNINGTON DR
CHANDLER, AZ 85224
840 W SHANNON ST
CHANDLER, AZ 85225
2305 W STOTTLER DR
CHANDLER, AZ 85224-2523
2314 W SUMMIT PLACE
CHANDLER, AZ 85224-1148
673 N SUNSET DRIVE
CHANDLER, AZ 85225-7214
2112 N TAMARISK ST
CHANDLER, AZ 85224
3516 W TOLEDO ST
CHANDLER, AZ 85226
485 W. TOLEDO ST
CHANDLER, AZ 85225-4509
2004 W TYSON ST
CHANDLER, AZ 85224-4211
411 N VALENCIA DRIVE
CHANDLER, AZ 85226-4052
2023 W WESTERN DRIVE
CHANDLER, AZ 85224
Page 27 of 58
DocuSign Envelope ID: 1FE18739-3EA0-4DA5-B576-3ED146E21738
15
24
HS 27 29
33 34
41 42 43
46
3
47
4
44
1
45
1
41
2
34
4
33
3
32
2
43
3
42
2
9
4
13
3
12
3
10
1
11
1
HI
15
2
14
2
16
4
30
3
29
2
8
4
5
5
7
2
HM
6
2
2
3
1
3
4
3 HI
3
3
48
4
HM
49
5
51
2
50
2
55
3
52
3
54
3
53
3
18
3
17
3
19
3
20
3
37
3
38
3
36
3
35
3
24
3
25
3
27
3
28
2
COMMUNITY
BUILDING
HEADSTART
HEADSTART
PLAYGROUND
21
4
22
4
23
4
39
4
40
4
BASKETBALL
COURT
BUILDING # 002005
BUILDING # 002006
BUILDING # 002002
BUILDING # 002003
BUILDING # 002001
BUILDING # 002014
FOUR PLEX 1
STAND ALONE 1
DUPLEX 1
BUILDING # 002021
130 NORTH HAMILTON STREET (CASA DE ESPERANZA)
PROJECT # 001
28 BUILDINGS
53 UNITS
RESIDENT
PLAYGROUND
STAND ALONE 3
FOUR PLEX 2
BUILDING # 002008
BUILDING # 002007
BUILDING # 002026
BUILDING # 002019
BUILDING # 002018
BUILDING # 002016
BUILDING # 002023
STAND ALONE 6
DUPLEX 2
DUPLEX 5
DUPLEX 6
DUPLEX 4
DUPLEX 3
BUILDING # 002015
BUILDING # 002013
FOUR PLEX 5
BUILDING # 002025
BUILDING # 002024
FOUR PLEX 4
DUPLEX 8
DUPLEX 7
BUILDING # 002010
BUILDING # 002009
BUILDING # 002004
STAND ALONE 4
STAND ALONE 7
STAND ALONE 5
FOUR PLEX 3
BUILDING # 002011
BUILDING # 002012
STAND ALONE 2
NON DWELLING STRUCTURE
STAND ALONE 12
BUILDING # 002029
BUILDING # 002027
BUILDING # 002028
STAND ALONE 13
BUILDING # 002020
STAND ALONE 10
STAND ALONE 11
STAND ALONE 14
BUILDING # 002022
STAND ALONE 9
FOUR PLEX 6
(REV 5/4/18)
KEY
HM: HANDICAPPED MOBILITY UNITS
HI: HEARING IMPAIRED UNITS
40
HC
55
54
V
52
39
53
V
V
38
51
37
V
V
49
V
50
V
45
35
46
33
48
9
V
7
13
12
18
10
17
8
14
11
20
6
19
5
V
2
V
4
V
3
21
1
V
22
47
HC
23
44
25 30 V HS
HC 32 HS HS
29
16
EXHIBIT F
Page 28 of 58
DocuSign Envelope ID: 1FE18739-3EA0-4DA5-B576-3ED146E21738
11 18 V 19
21 V 22 23
14 13 V
V 26 25
6
8
39
38
40
37
9
10
V
36
7
12
24
34
V
V
4
V
V
35
5
HC
27
33
3
15
29
30
2
16
28
31
V
17
HC
32
8
4
9
3
10
3
11
4
19
3
18
3
22
2
HM
21
2
23
4
39
3
40
3
38
4
7
3
12
3
15
1
6
3 HM
5
3
4
3
37
3
3
5
33
5
35
3
34
3
36
3
13
3
32
4
31
2
30
2
27
3
24
3
25
3
16
2
17
2
29
2
28
2
2
4
26
1
14
1
COMMUNITY
BUILDING
BASKETBALL
COURT
LARGE
PLAYGROUND
SMALL
PLAYGROUND
210 N. McQUEEN ROAD (CASA DEL SOL)
PROJECT # 002
20 BUILDINGS
38 UNITS
BUILDING # 002034
STAND ALONE 4
BUILDING # 002035
DUPLEX 1
BUILDING # 002036
STAND ALONE 5
BUILDING # 002039
DUPLEX 3
BUILDING # 002033
FOUR PLEX 1
BUILDING # 002032
STAND ALONE 3
BUILDING # 002037
FOUR PLEX 2
BUILDING # 002031
STAND ALONE 1
BUILDING # 002038
DUPLEX 2
BUILDING # 002041
DUPLEX 4
BUILDING # 002042
STAND ALONE 6
BUILDING 002050
DUPLEX 6
BUILDING # 002049
STAND ALONE 7
BUILDING # 002048
FOUR PLEX 4
BUILDING # 002047
STAND ALONE 8
BUILDING # 002046
STAND ALONE 9
BUILDING # 002045
DUPLEX 7
BUILDING #002044
DUPLEX 5
BUILDING # 002043
FOUR PLEX 3
BUILDING # 002040
NON DWELLING STRUCTURE
(REV 5/4/18)
KEY
HM: HANDICAPPED MOBILITY UNITS
HI: HEARING IMPAIRED UNITS
Page 29 of 58
DocuSign Envelope ID: 1FE18739-3EA0-4DA5-B576-3ED146E21738
PLAYGROUND
5 4 6 7 V 8
19 20 21 22
27 28 29 30 31
1112
1413
HM
16 V V
18 23
41 40
HM
39
HM
9 V V V V V V
15 V V V 17
HC 29 V V V V 25 26
35 HC 36
73 SOUTH HAMILTON STREET (CASA BONITA)
PROJECT # 003
22 BUILDINGS
40 UNITS
(REV 5/4/18)
HC
32
33
34
V
V
38
V
10
1
3
2
V
5
3
FIC
FIC
6
3
4
3
7
3
8 4
19
5
22
5
21
2
20
2
27 4
30
3
29
3
31
3
28
3
32
4
35 1
34 1
36 3
33 3
BASKET
BALL
COURT
38
4
BLDG A
ENTERPRISE ACAD
BLDG B
ENTERPRISE ACAD
39
4
41
3
40
3
24
3
25
3
26
3
23
1
18 4
17 2
14
3
15
3
13
1
16
1
11
2
12
2
10 2
9 2
1 4
3
2
2
2
PLAY
GROUND
BUILDING # 003003
FOUR PLEX 1
BUILDING # 003002
DUPLEX 1
BUILDING # 003005
DUPLEX 2
BUILDING # 003001
STAND ALONE 9
BUILDING # 003006
DUPLEX 3
BUILDING # 003007
FOUR PLEX 2
BUILDING # 003039
NON DWELLING STRUCTURE
FAMILY INVESTMENT CENTER
71 S. HAMILTON ST.
BUILDING # 003004
STAND ALONE 8
BUILDING # 003010
STAND ALONE 7
BUILDING # 003011
DUPLEX 4
BUILDING # 003014
STAND ALONE 4
BUILDING # 003012
STAND ALONE 5
BUILDING # 003015
FOUR PLEX 4
BUILDING # 003016
STAND ALONE 1
BUILDING # 003021
STAND ALONE 3
BUILDING # 003020
STAND ALONE 2
BUILDING # 003014
NON DWELLING STRUCTURE
BUILDING # 003017
FOUR PLEX 5
BUILDING # 003018
NON DWELLING STRUCTURE
BUILDING # 003013
FOUR PLEX 3
BUILDING # 003022
DUPLEX 5
BUILDING # 003008
STAND ALONE 6
BUILDING # 003009
STAND ALONE 10
KEY
HM: HANDICAPPED MOBILITY UNITS
HI: HEARING IMPAIRED UNITS
Page 30 of 58
DocuSign Envelope ID: 1FE18739-3EA0-4DA5-B576-3ED146E21738
20 HC 18 HS
21 22 19
17 V V
V
23 24
16 14
V 27
13
28
12
26
15
29
11
25
30
9
32
HM
31
10
33
8
PALM LANE
16 BUILDINGS
660 S. PALM LANE (CASA DE ROSAS)
PROJECT # 004
32 UNITS
(REV 5/4/18)
6
7
V
1
21 3
20 3
22 1
19 1
23 2
18 2
24 2
17 2
26 3
25 3
HM
28 3
27 3
14 3
16 3
15 3
13 3
29 1
32 1
9 1
12
30 3
31 3
10 3
11 3
33 4
8 5
COMMUNITY
BUILDING
HEAD
START
3 4
2 5
1 4
6 5
7 4
BASKETBALL
COURT
PLAY
GROUND
PLAY
GROUND
HEAD
START
PLAY
GROUND
BUILDING 003037
FOUR PLEX 5
BUILDING 003036
FOUR PLEX 4
BUILDING 003035
DUPLEX 2
BUILDING 003038
STAND ALONE 8
BUILDING 003034
FOUR PLEX 3
BUILDING 003033
DUPLEX 1
BUILDING 003032
FOUR PLEX 2
BUILDING 003031
FOUR PLEX 1
BUILDING 003030
STAND ALONE 1
BUILDING 003024
STAND ALONE 6
BUILDING 003023
STAND ALONE 5
BUILDING 003025
STAND ALONE 7
BUILDING 003029
STAND ALONE 2
BUILDING 003028
STAND ALONE 3
BUILDING 003027
STAND ALONE 4
BUILDING 003026
NON DWELLING STRUCTURE
KEY
HM: HANDICAPPED MOBILITY UNITS
HI: HEARING IMPAIRED UNITS
54
HM
Page 31 of 58
DocuSign Envelope ID: 1FE18739-3EA0-4DA5-B576-3ED146E21738
PARKING LOT
BUILDING # 001001 / FOUR PLEX 1
BUILDING # 001008 / FOUR PLEX 8
BUILDING # 001009 / FOUR PLEX 9
BUILDING # 001002 / FOUR PLEX 2
BUILDING # 001007 / FOUR PLEX 7
BUILDING # 001010B
SINGLE FAMILY DETACHED
BUILDING # 001003 / FOUR PLEX 3
001003
BUILDING # 001010A
NON DWELLING STRUCTURE
BUILDING # 001004 / FOUR PLEX 4
PARKING LOT
BUILDING # 001006 / FOUR PLEX 6
BUILDING # 001005 / FOUR PLEX 5
127 NORTH KINGSTON STREET (KINGSTON ARMS)
PROJECT # 005
10 BUILDINGS
37 UNITS
(rev. 4/25/13)
2 1
28 1
29 1
30 1
31 1
32 1
1 1
25 1
26 1
27 1
7 1
8 1
5 1
6 1
3 1
4 1
13 1
11 1
12 1
9 1
10 1
23 1
21 1
15 1
16 1
14 1
18 1
20 1
19 1
22 1
24 1
17 1
34 2
36 2
33 1 HM
35 2
37 1
HM
COMMUNITY
BUILDING
BUFFALO STREET
KINGSTON STREET
KEY
HM: HANDICAPPED MOBILITY UNITS
HI: HEARING IMPAIRED UNITS
Page 32 of 58
DocuSign Envelope ID: 1FE18739-3EA0-4DA5-B576-3ED146E21738
General Conditions for Non-Construction
U.S. Department of Housing and Urban
Contracts
Development
Office of Public and Indian Housing
Section I – (With or without Maintenance Work)
Office of Labor Relations
OMB Approval No. 2577-0157 (exp. 3/31/2020)
Public Reporting Burden for this collection of information is estimated to average 0.08 hours per response, including the time for reviewing instructions,
searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send
comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the
Reports Management Officer, Office of Information Policies and Systems, U.S. Department of Housing and Urban Development, Washington, D.C.
20410-3600; and to the Office of Management and Budget, Paperwork Reduction Project (2577-0157), Washington, D.C. 20503. Do not send this
completed form to either of these addressees.
Applicability. This form HUD-5370-C has 2 Sections. These
Sections must be inserted into non-construction contracts as
described below:
proposal submitted before final payment of the contract.
(d) Failure to agree to any adjustment shall be a dispute under
clause Disputes, herein. However, nothing in this clause
shall excuse the Contractor from proceeding with the
1)
Non-construction contracts (without maintenance)
contract as changed.
greater than $105,000 - use Section I;
(e) No services for which an additional cost or fee will be
2)
Maintenance contracts (including nonroutine
charged by the Contractor shall be furnished without the
prior written consent of the HA.
maintenance as defined at 24 CFR 968.105) greater than
$2,000 but not more than $150,000 - use Section II; and
3)
Maintenance contracts (including nonroutine
3.
Termination for Convenience and Default
maintenance), greater than $150,000 – use Sections I
and II.
(a) The HA may terminate this contract in whole, or from time
to time in part, for the HA's convenience or the failure of the
Contractor to fulfill the contract obligations (default). The
HA shall terminate by delivering to the Contractor a written
Notice of Termination specifying the nature, extent, and
effective date of the termination. Upon receipt of the notice,
the Contractor shall: (i) immediately discontinue all services
affected (unless the notice directs otherwise); and (ii)
deliver to the HA all information, reports, papers, and other
materials accumulated or generated in performing
Section I - Clauses for All Non-Construction Contracts greater
than $150,000
1. Definitions
The following definitions are applicable to this contract:
(a) "Authority or Housing Authority (HA)" means the
Housing Authority.
this contract, whether completed or in process.
(b) "Contract" means the contract entered into between the
(b) If the termination is for the convenience of the HA, the HA
shall be liable only for payment for services rendered
Authority and the Contractor. It includes the contract form,
the Certifications and Representations, these contract
clauses, and the scope of work. It includes all formal
changes to any of those documents by addendum, Change
before the effective date of the termination.
(c)
If the termination is due to the failure of the Contractor to
Order, or other modification.
fulfill its obligations under the contract (default), the HA may
(i) require the Contractor to deliver to it, in the manner
(c) "Contractor" means the person or other entity entering into
the contract with the Authority to perform all of the work
and to the extent directed by the HA, any work as
required under the contract.
described in subparagraph (a)(ii) above, and compensation
be determined in accordance with the Changes clause,
paragraph 2, above; (ii) take over the work and prosecute
the same to completion by contract or otherwise, and the
Contractor shall be liable for any additional cost incurred by
the HA; (iii) withhold any payments to the Contractor, for the
purpose of off-set or partial payment, as the case may
(d) "Day" means calendar days, unless otherwise stated.
(e) "HUD" means the Secretary of Housing and Urban
development, his delegates, successors, and assigns, and
the officers and employees of the United States
Department of Housing and Urban Development acting for
and on behalf of the Secretary.
be, of amounts owed to the HA by the Contractor.
2. Changes
(d)
If, after termination for failure to fulfill contract obligations
(a) The HA may at any time, by written order, and without
(default), it is determined that the Contractor had not failed,
the termination shall be deemed to have been effected for
the convenience of the HA, and the Contractor shall been
titled to payment as described in paragraph (b) above.
notice to the sureties, if any, make changes within the
general scope of this contract in the services to be
performed or supplies to be delivered.
(e) Any disputes with regard to this clause are expressly made
(b) If any such change causes an increase or decrease in the
subject to the terms of clause titled Disputes herein.
hourly rate, the not-to-exceed amount of the contract, or
the time required for performance of any part of the work
under this contract, whether or not changed by the order,
or otherwise affects the conditions of this contract, the HA
shall make an equitable adjustment in the not-to-exceed
amount, the hourly rate, the delivery schedule, or other
4.
Examination and Retention of Contractor's Records
(a) The HA, HUD, or Comptroller General of the United States,
affected terms, and shall modify the contract accordingly.
or any of their duly authorized representatives shall, until 3
years after final payment under this contract, have access
to and the right to examine any of the Contractor's directly
pertinent books, documents, papers, or other records
involving transactions related to this contract for the
purpose of making audit, examination, excerpts, and
transcriptions.
(c) The Contractor must assert its right to an equitable
adjustment under this clause within 30 days from the date
of receipt of the written order. However, if the HA decides
that the facts justify it, the HA may receive and act upon a
Section I - Page 1 of 6
form HUD-5370-C (01/2014)
EXHIBIT G
Page 33 of 58
DocuSign Envelope ID: 1FE18739-3EA0-4DA5-B576-3ED146E21738
(b) The Contractor agrees to include in first-tier subcontracts
under this contract a clause substantially the same as
paragraph (a) above. "Subcontract," as used in this clause,
A breach of these Contract clauses may be grounds for
termination of the Contract and for debarment or denial of
participation in HUD programs as a Contractor and a
subcontractor as provided in 24 CFR Part 24.
excludes purchase orders not exceeding $10,000.
(c) The periods of access and examination in paragraphs (a)
and (b) above for records relating to:
(i) appeals under the clause titled Disputes;
(ii) litigation or settlement of claims arising from the
9.
Assignment of Contract
performance of this contract; or,
The Contractor shall not assign or transfer any interest in this
contract; except that claims for monies due or to become due
from the HA under the contract may be assigned to a bank,
trust company, or other financial institution. If the Contractor is
a partnership, this contract shall inure to the benefit of the
surviving or remaining member(s) of such partnership approved
by the HA.
(iii) costs and expenses of this contract to which the HA,
HUD, or Comptroller General or any of their duly
authorized representatives has taken exception shall
continue until disposition of such appeals, litigation,
claims, or exceptions.
5.
Rights in Data (Ownership and Proprietary Interest)
10. Certificate and Release
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.
Prior to final payment under this contract, or prior to settlement
upon termination of this contract, and as a condition precedent
thereto, the Contractor shall execute and deliver to the HA a
certificate and release, in a form acceptable to the HA, of all
claims against the HA by the Contractor under and by virtue of
this contract, other than such claims, if any, as may be
specifically excepted by the Contractor in stated amounts set
forth therein.
6.
Energy Efficiency
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.
11. Organizational Conflicts of Interest
(a) The Contractor warrants that to the best of its knowledge
7. Disputes
and belief and except as otherwise disclosed, it does not
have any organizational conflict of interest which is defined
as a situation in which the nature of work under this
contract and a contractor's organizational, financial,
contractual or other interests are such that:
(a) All disputes arising under or relating to this contract, except
for disputes arising under clauses contained in Section III,
Labor Standards Provisions, including any claims for
damages for the alleged breach there of which are not
disposed of by agreement, shall be resolved under this
(i)
Award of the contract may result in an unfair
competitive advantage; or
(ii) The Contractor's objectivity in performing the contract
clause.
work may be impaired.
(b) The Contractor agrees that if after award it discovers an
organizational conflict of interest with respect to this contract
or any task/delivery order under the contract, he or she shall
make an immediate and full disclosure in writing to the
Contracting Officer which shall include a description of the
action which the Contractor has taken or intends to take to
eliminate or neutralize the conflict. The HA may, however,
terminate the contract or task/delivery order for the
convenience of the HA if it would be in the best interest
(b) All claims by the Contractor shall be made in writing and
submitted to the HA. A claim by the HA against the
Contractor shall be subject to a written decision by the HA.
(c) The HA shall, with reasonable promptness, but in no event
in no more than 60 days, render a decision concerning any
claim hereunder. Unless the Contractor, within 30 days after
receipt of the HA's decision, shall notify the HA in writing
that it takes exception to such decision, the decision
shall be final and conclusive.
of the HA.
(d) Provided the Contractor has (i) given the notice within the
(c) In the event the Contractor was aware of an organizational
conflict of interest before the award of this contract and
intentionally did not disclose the conflict to the Contracting
time stated in paragraph (c) above, and (ii) excepted its
claim relating to such decision from the final release, and (iii)
brought suit against the HA not later than one year after
receipt of final payment, or if final payment has not been
made, not later than one year after the Contractor has had a
reasonable time to respond to a written request by the HA
that it submit a final voucher and release, whichever is
earlier, then the HA's decision shall not be final or
conclusive, but the dispute shall be determined on the
Officer, the HA may terminate the contract for default.
(d) The terms of this clause shall be included in all
subcontracts and consulting agreements wherein the work
to be performed is similar to the service provided by the
prime Contractor. The Contractor shall include in such
subcontracts and consulting agreements any necessary
provisions to eliminate or neutralize conflicts of interest.
merits by a court of competent jurisdiction.
(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 the contract,
and comply with any decision of the HA.
12. Inspection and Acceptance
(a) The HA has the right to review, require correction, if
necessary, and accept the work products produced by the
Contractor. Such review(s) shall be carried out within 30
days so as to not impede the work of the Contractor. Any
8.
Contract Termination; Debarment
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product of work shall be deemed accepted as submitted if
the HA does not issue written comments and/or required
corrections within 30 days from the date of receipt of such
"Local government" means a unit of government in a State
and, if chartered, established, or otherwise recognized by a
State for the performance of a governmental duty, including a
local public authority, a special district, an intrastate district, a
council of governments, a sponsor group representative
organization, and any other instrumentality of a local
product from the Contractor.
(b) The Contractor shall make any required corrections
promptly at no additional charge and return a revised copy
of the product to the HA within 7 days of notification or a
government.
later date if extended by the HA.
"Officer or employee of an agency" includes the following
(c) Failure by the Contractor to proceed with reasonable
individuals who are employed by an agency:
promptness to make necessary corrections shall be a
default. If the Contractor's submission of corrected work
remains unacceptable, the HA may terminate this contract
(or the task order involved) or reduce the contract price or
cost to reflect the reduced value of services received.
(i) An individual who is appointed to a position in the
Government under title 5, U.S.C., including a position
under a temporary appointment;
(ii) A member of the uniformed services as defined in
section 202, title 18, U.S.C.;
(iii) A special Government employee as defined in section
13. Interest of Members of Congress
202, title 18, U.S.C.; and,
No member of or delegate to the Congress of the United States
of America or Resident Commissioner shall be admitted to any
share or part of this contract or to any benefit to arise there from,
but this provision shall not be construed to extend to this
contract if made with a corporation for its general benefit.
(iv) An individual who is a member of a Federal advisory
committee, as defined by the Federal Advisory
Committee Act, title 5, appendix 2.
“Person" means an individual, corporation, company,
association, authority, firm, partnership, society, State, and local
government, regardless of whether such entity is operated for
profit or not for profit. This term excludes an Indian tribe, tribal
organization, or other Indian organization with respect to
14. Interest of Members, Officers, or Employees and Former
Members, Officers, or Employees
expenditures specifically permitted by other Federal law.
No member, officer, or employee of the HA, no member of the
governing body of the locality in which the project is situated, no
member of the governing body in which the HA was activated,
and no other pubic official of such locality or localities who
exercises any functions or responsibilities with respect to the
"Recipient" includes all contractors, subcontractors at any
tier, and subgrantees at any tier of the recipient of funds received
in connection with a Federal contract, grant, loan, or cooperative
agreement. The term excludes an Indian tribe, tribal organization,
or any other Indian organization with respect to
expenditures specifically permitted by other Federal law.
project, shall, during his or her tenure, or for one year
"Regularly employed means, with respect to an officer or
employee of a person requesting or receiving a Federal
contract, grant, loan, or cooperative agreement, an officer or
employee who is employed by such person for at least 130
working days within one year immediately preceding the date of
the submission that initiates agency consideration of such
person for receipt of such contract, grant, loan, or cooperative
agreement. An officer or employee who is employed by such
person for less than 130 working days within one year
immediately preceding the date of submission that initiates
agency consideration of such person shall be considered to be
regularly employed as soon as he or she is employed by such
thereafter, have any interest, direct or indirect, in this contract or
the proceeds thereof.
15. Limitation on Payments to Influence Certain Federal
Transactions
(a) Definitions. As used in this clause:
"Agency", as defined in 5 U.S.C. 552(f), includes Federal
executive departments and agencies as well as independent
regulatory commissions and Government corporations, as
defined in 31 U.S.C. 9101(1).
"Covered Federal Action" means any of the following
person for 130 working days.
Federal actions:
"State" means a State of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, a territory or
possession of the United States, an agency or instrumentality of
a State, and a multi-State, regional, or interstate entity having
governmental duties and powers.
(i)
The awarding of any Federal contract;
(ii) The making of any Federal grant;
(iii) The making of any Federal loan;
(iv) The entering into of any cooperative agreement; and,
(v) The extension, continuation, renewal, amendment, or
(b) Prohibition.
modification of any Federal contract, grant, loan, or
(i)
Section 1352 of title 31, U.S.C. provides in part that no
cooperative agreement.
appropriated funds may be expended by the recipient
of a Federal contract, grant, loan, or cooperative
agreement to pay any person for influencing or
attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member
of Congress in connection with any of the following
covered Federal actions: the awarding of any Federal
contract, the making of any Federal grant, the making
of any Federal loan, the entering into of any
Covered Federal action does not include receiving from an
agency a commitment providing for the United States to insure
or guarantee a loan.
"Indian tribe" and "tribal organization" have the meaning
provided in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450B). Alaskan Natives
are included under the definitions of Indian tribes in that Act.
"Influencing or attempting to influence" means making, with
the intent to influence, any communication to or appearance
before an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee
of a Member of Congress in connection with any covered
Federal action.
cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of
any Federal contract, grant, loan, or cooperative
agreement.
(ii) The prohibition does not apply as follows:
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(1) Agency and legislative liaison by Own
person requesting or receiving a
covered Federal action or an extension,
continuation, renewal, amendment, or
modification of a covered Federal action
if the payment is for professional or
technical services rendered directly in
the preparation, submission, or
negotiation of any bid, proposal, or
application for that Federal action or for
meeting requirements imposed by or
pursuant to law as a condition for
receiving that Federal action. Persons
other than officers or employees of a
person requesting or receiving a
covered Federal action include
Employees.
(a) The prohibition on the use of appropriated
funds, in paragraph (i) of this section, does not
apply in the case of a payment of reasonable
compensation made to an officer or employee of
a person requesting or receiving a Federal
contract, grant, loan, or cooperative agreement, if
the payment is for agency and legislative
activities not directly related to a covered Federal
action.
(b) For purposes of paragraph (b)(i)(1)(a) of
this clause, providing any information specifically
requested by an agency or Congress is permitted
at any time.
(c) The following agency and legislative liaison
activities are permitted at any time only where
they are not related to a specific solicitation for
consultants and trade associations.
(b) For purposes of subdivision (b)(ii)(2)(a) of
any covered Federal action:
clause, "professional and technical services"
shall be limited to advice and analysis
directly applying any professional or
(1) Discussing with an agency (including
individual demonstrations) the qualities and
characteristics of the person's products or
services, conditions or terms of sale, and service
technical discipline.
(c) Requirements imposed by or pursuant to law
capabilities; and,
as a condition for receiving a covered
Federal award include those required by law
or regulation, or reasonably expected to be
required by law or regulation, and any other
requirements in the actual award
(2) Technical discussions and other
activities regarding the application or adaptation
of the person's products or services for an
agency's use.
documents.
(d) The following agency and legislative liaison
activities are permitted where they are prior to
(d) Only those services expressly authorized by
subdivisions (b)(ii)(2)(a)(i) and (ii) of this
formal solicitation of any covered Federal action:
section are permitted under this clause.
(1) Providing any information not
specifically requested but necessary for an
agency to make an informed decision about
(iii) Selling activities by independent sales
representatives.
(c) The prohibition on the use of appropriated funds, in
initiation of a covered Federal action;
subparagraph (b)(i) of this clause, does not apply to the
following selling activities before an agency by independent
sales representatives, provided such activities are prior to
formal solicitation by an agency and are specifically limited
(2) Technical discussions regarding the
preparation of an unsolicited proposal prior to its
official submission; and
(3) Capability presentations by persons
seeking awards from an agency pursuant to the
provisions of the Small Business Act, as
amended by Public Law 95-507 and other
to the merits of the matter:
(i)
Discussing with an agency (including individual
demonstration) the qualities and characteristics of the
person's products or services, conditions or terms of
subsequent amendments.
sale, and service capabilities; and
(e) Only those activities expressly authorized
by subdivision (b)(ii)(1)(a) of this clause are
(ii) Technical discussions and other activities regarding
the application or adaptation of the person's products
permitted under this clause.
or services for an agency's use.
(2) Professional and technical services.
(d) Agreement. In accepting any contract, grant, cooperative
agreement, or loan resulting from this solicitation, the
person submitting the offer agrees not to make any
(a) The prohibition on the use of appropriated
funds, in subparagraph (b)(i) of this clause,
does not apply in the case of-
payment prohibited by this clause.
(i)
A payment of reasonable compensation
made to an officer or employee of a
person requesting or receiving a
covered Federal action or an extension,
continuation, renewal, amendment, or
modification of a covered Federal
action, if payment is for professional or
technical services rendered directly in
the preparation, submission, or
negotiation of any bid, proposal, or
application for that Federal action or for
meeting requirements imposed by or
pursuant to law as a condition for
(e) Penalties. Any person who makes an expenditure
prohibited under paragraph (b) of this clause shall be
subject to civil penalties as provided for by 31 U.S.C. 1352.
An imposition of a civil penalty does not prevent the
Government from seeking any other remedy that may be
applicable.
(f)
Cost Allowability. Nothing in this clause is to be interpreted
receiving that Federal action.
to make allowable or reasonable any costs which would be
unallowable or unreasonable in accordance with Part 31 of
the Federal Acquisition Regulation (FAR), or OMB
Circulars dealing with cost allowability for recipients of
assistance agreements. Conversely, costs made
specifically unallowable by the requirements in this clause
will not be made allowable under any of the provisions of
FAR Part 31 or the relevant OMB Circulars.
(ii) Any reasonable payment to a person,
other than an officer or employee of a
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16. Equal Employment Opportunity
Contractor becomes involved in, or is threatened with,
litigation with a subcontractor or vendor as a result of such
direction, the Contractor may request the United States to
enter into the litigation to protect the interests of the United
States.
During the performance of this contract, the Contractor agrees
as follows:
(a) The Contractor shall not discriminate against any employee
or applicant for employment because of race, color,
religion, sex, or national origin.
17. Dissemination or Disclosure of Information
(b) The Contractor shall take affirmative action to ensure that
applicants are employed, and that employees are treated
during employment without regard to their race, color,
religion, sex, or national origin. Such action shall include,
but not be limited to (1) employment; (2) upgrading; (3)
demotion; (4) transfer; (5) recruitment or recruitment
advertising; (6) layoff or termination; (7) rates of pay or
other forms of compensation; and (8) selection for training,
No information or material shall be disseminated or disclosed to
the general public, the news media, or any person or
organization without prior express written approval by the HA.
18. Contractor's Status
including apprenticeship.
It is understood that the Contractor is an independent contractor
and is not to be considered an employee of the HA, or assume
any right, privilege or duties of an employee, and shall save
harmless the HA and its employees from claims suits, actions
and costs of every description resulting from the Contractor's
activities on behalf of the HA in connection with this Agreement.
(c) The Contractor shall post in conspicuous places available
to employees and applicants for employment the notices to
be provided by the Contracting Officer that explain this
clause.
(d) The Contractor shall, in all solicitations or advertisements
for employees placed by or on behalf of the Contractor,
state that all qualified applicants will receive consideration
for employment without regard to race, color, religion, sex,
19. Other Contractors
or national origin.
HA may undertake or award other contracts for additional work
at or near the site(s) of the work under this contract. The
contractor shall fully cooperate with the other contractors and
with HA and HUD employees and shall carefully adapt
scheduling and performing the work under this contract to
accommodate the additional work, heeding any direction that
may be provided by the Contracting Officer. The contractor shall
not commit or permit any act that will interfere with the
performance of work by any other contractor or HA employee.
(e) The Contractor shall send, to each labor union or
representative of workers with which it has a collective
bargaining agreement or other contract or understanding,
the notice to be provided by the Contracting Officer
advising the labor union or workers' representative of the
Contractor's commitments under this clause, and post
copies of the notice in conspicuous places available to
employees and applicants for employment.
(f)
The Contractor shall comply with Executive Order 11246,
20. Liens
as amended, and the rules, regulations, and orders of the
Secretary of Labor.
The Contractor is prohibited from placing a lien on HA's
property. This prohibition shall apply to all subcontractors.
(g) The Contractor shall furnish all information and reports
required by Executive Order 11246, as amended and by
rules, regulations, and orders of the Secretary of Labor, or
pursuant thereto. The Contractor shall permit access to its
books, records, and accounts by the Secretary of Labor for
purposes of investigation to ascertain compliance with such
21. Training and Employment Opportunities for Residents in
the Project Area (Section 3, HUD Act of 1968; 24 CFR 135)
(a) The work to be performed under this contract is subject to the
rules, regulations, and orders.
requirements of section 3 of the Housing and Urban Development
Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The
purpose of section 3 is to ensure that employment and other
economic opportunities generated by HUD assistance or HUD-
assisted projects covered by section 3, shall, to the greatest
extent feasible, be directed to low- and very low-income persons,
particularly persons who are recipients of
(h) In the event of a determination that the Contractor is not in
compliance with this clause or any rule, regulation, or order
of the Secretary of Labor, this contract may be canceled,
terminated, or suspended in whole or in part, and the
Contractor may be declared ineligible for further
Government contracts, or federally assisted construction
contracts under the procedures authorized in Executive
Order 11246, as amended. In addition, sanctions may be
imposed and remedies invoked against the Contractor as
provided in Executive Order 11246, as amended, the rules,
regulations, and orders of the Secretary of Labor, or as
HUD assistance for housing.
(b) The parties to this contract agree to comply with HUD's
otherwise provided by law.
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
(i)
The Contractor shall include the terms and conditions of
Part 135 regulations.
this clause in every subcontract or purchase order unless
exempted by the rules, regulations, or orders of the
Secretary of Labor issued under Executive Order 11246,
as amended, so that these terms and conditions will be
binding upon each subcontractor or vendor. The
Contractor shall take such action with respect to any
subcontractor or purchase order as the Secretary of
Housing and Urban Development or the Secretary of Labor
may direct as a means of enforcing such provisions,
including sanctions for noncompliance; provided that if the
(c) The contractor agrees to send to each labor organization or
representative of workers with which the contractor has a
collective bargaining agreement or other understanding, if any, a
notice advising the labor organization or workers' representative
of the contractor's commitments under this section 3 clause, and
will post copies of the notice in conspicuous places at the work
site where both employees and applicants for training and
employment positions can see the notice. The notice shall
describe the section 3 preference, shall set forth minimum
number and job titles subject to hire, availability of
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apprenticeship and training positions, the qualifications for each;
and the name and location of the person(s) taking applications
for each of the positions; and the anticipated date the work shall
begin.
(d) The contractor agrees to include this section 3 clause in every
subcontract subject to compliance with regulations in 24 CFR
Part 135, and agrees to take appropriate action, as provided in
an applicable provision of the subcontract or in this section 3
clause, upon 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
violation of the regulations in 24 CFR Part 135.
(e) The contractor will certify that any vacant employment positions,
including training positions, that are filled (1) after the contractor is
selected but before the contract is executed, and (2) with persons
other than those to whom the regulations of 24 CFR Part 135
require employment opportunities to be directed, were not filled to
circumvent the contractor's obligations under 24 CFR
Part 135.
(f) Noncompliance with HUD's regulations in 24 CFR Part 135 may
result in sanctions, termination of this contract for default, and
debarment or suspension from future HUD assisted contracts.
22. Procurement of Recovered Materials
(a) In accordance with Section 6002 of the Solid Waste Disposal Act,
as amended by the Resource Conservation and Recovery Act,
the Contractor shall procure items designated in guidelines of the
Environmental Protection Agency (EPA) at 40 CFR Part 247 that
contain the highest percentage of recovered materials
practicable, consistent with maintaining a satisfactory level of
competition. The Contractor shall procure items designated in the
EPA guidelines that contain the highest percentage of
recovered materials practicable unless the Contractor
determines that such items: (1) are not reasonably available in a
reasonable 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 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.
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General Conditions for Non-Construction
U.S. Department of Housing and Urban
Contracts
Development
Office of Public and Indian Housing
Section II – (With Maintenance Work)
Office of Labor Relations
OMB Approval No. 2577-0157 (exp. 3/31/2020)
Public Reporting Burden for this collection of information is estimated to average 0.08 hours per response, including the time for reviewing instructions,
searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send
comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the
Reports Management Officer, Office of Information Policies and Systems, U.S. Department of Housing and Urban Development, Washington, D.C.
20410-3600; and to the Office of Management and Budget, Paperwork Reduction Project (2577-0157), Washington, D.C. 20503. Do not send this
completed form to either of these addressees.
Applicability. This form HUD-5370C has 2 Sections. These
Sections must be inserted into non-construction contracts as
described below:
in the classification under this Contract from the first
day on which work is performed in the classification.
2.
Withholding of funds
1)
Non-construction contracts (without maintenance) greater
The Contracting Officer, upon his/her own action or upon
request of HUD, shall withhold or cause to be withheld from the
Contractor under this Contract or any other contract subject to
HUD-determined wage rates, with the same prime Contractor,
than $100,000 - use Section I;
2) Maintenance contracts (including nonroutine maintenance
as defined at 24 CFR 905.200) greater than $2,000 but not
more than $100,000 - use Section II; and
3) Maintenance contracts (including nonroutine maintenance),
greater than $100,000 – use Sections I and II.
so much of the accrued payments or advances as may be
considered necessary to pay laborers and mechanics employed
by the Contractor or any subcontractor the full amount of wages
required by this clause. In the event of failure to pay any laborer
or mechanic employed under this Contract all or part of the
wages required under this Contract, the Contracting Officer or
HUD may, after written notice to the Contractor, take such action
as may be necessary to cause the suspension of any further
payment or advance until such violations have ceased. The
Public Housing Agency or HUD may, after written notice to the
Contractor, disburse such amounts withheld for and on account
of the Contractor or subcontractor to the respective employees
to whom they are due.
Section II – Labor Standard Provisions for all Maintenance
Contracts greater than $2,000
1.
Minimum Wages
(a) All maintenance laborers and mechanics employed under
this Contract in the operation of the project(s) shall be paid
unconditionally and not less often than semi-monthly, and
without subsequent deduction (except as otherwise
provided by law or regulations), the full amount of wages
due at time of payment computed at rates not less than
those contained in the wage determination of the Secretary
of Housing and Urban Development which is attached
hereto and made a part hereof. Such laborers and
mechanics shall be paid the appropriate wage rate on the
wage determination for the classification of work actually
performed, without regard to skill. Laborers or mechanics
performing work in more than one classification may be
compensated at the rate specified for each classification for
the time actually worked therein; provided, that the
employer’s payroll records accurately set forth the time
spent in each classification in which work is performed. The
wage determination, including any additional classifications
and wage rates approved by HUD under subparagraph
1(b), shall be posted at all times by the Contractor and its
subcontractors at the site of the work in a prominent and
accessible place where it can be easily
3. Records
(a) The Contractor and each subcontractor shall make and
maintain for three (3) years from the completion of the work
records containing the following for each laborer and
mechanic:
(i)
Name, address and Social Security Number;
(ii)
Correct work classification or classifications;
(iii) Hourly rate or rates of monetary wages paid;
(iv) Rate or rates of any fringe benefits provided;
(v) Number of daily and weekly hours worked;
(vi) Gross wages earned;
(vii) Any deductions made; and
(viii) Actual wages paid.
seen by the workers.
(b) The Contractor and each subcontractor shall make the
records required under paragraph 3(a) available for
inspection, copying, or transcription by authorized
representatives of HUD or the HA and shall permit such
representatives to interview employees during working
hours on the job. If the Contractor or any subcontractor
fails to make the required records available, HUD or its
designee may, after written notice to the Contractor, take
such action as may be necessary to cause the suspension
of any further payment, advance or guarantee of funds.
(b) (i) Any class of laborers or mechanics which is not listed in
the wage determination and which is to be employed under
the Contract shall be classified in conformance with the
wage determination. HUD shall approve an additional
classification and wage rate only when the following criteria
have been met:
(1) The work to be performed by the classification
required is not performed by a classification in the
4.
Apprentices and Trainees
wage determination;
(2) The classification is utilized in the area by the
industry; and
(a) Apprentices and trainees will be permitted to work at less
than the predetermined rate for the work they perform
when they are employed pursuant to and individually
registered in:
(i)
(3) The proposed wage rate bears a reasonable
relationship to the wage rates contained in the
wage determination.
A bona fide apprenticeship program registered
with the U.S. Department of Labor, Employment
and Training Administration (ETA), Office of
(ii)
The wage rate determined pursuant to this
paragraph shall be paid to all workers performing work
Section II - Page 1 of 3
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Apprenticeship Training, Employer and Labor
Services (OATELS), or with a state apprenticeship
agency recognized by OATELS, or if a person is
employed in his/her first 90 days of probationary
employment as an apprentice in such an
apprenticeship program, who is not individually
registered in the program, but who has been
certified by OATELS or a state apprenticeship
agency (where appropriate) to be eligible for
probationary employment as an apprentice; A
trainee program which has received prior approval,
evidenced by formal certification by the
(ii)
forth those findings that are in dispute and the
reasons, including any affirmative defenses, with
respect to the violations. The request shall be
directed to the appropriate HA or HUD official in
accordance with instructions contained in the
notice of findings or, if the notice does not specify
to whom a request should be made, to the
Regional Labor Relations Officer (HUD). The HA
or HUD official shall, within 60 days (unless
otherwise indicated in the notice of findings) after
receipt of a timely request for reconsideration,
issue a written decision on the findings of violation.
The written decision on reconsideration shall
contain instructions that any appeal of the decision
shall be addressed to the Regional Labor
Relations Officer by letter postmarked within 30
calendar days after the date of the decision. In the
event that the Regional Labor Relations Officer
was the deciding official on reconsideration, the
appeal shall be directed to the Director, Office of
Labor Relations (HUD). Any appeal must set forth
the aspects of the decision that are in dispute and
the reasons, including any affirmative defenses,
with respect to the violations. The Regional Labor
Relations Officer shall, within 60 days (unless
otherwise indicated in the decision on
reconsideration) after receipt of a timely appeal,
issue a written decision on the findings. A decision
of the Regional Labor Relations Officer may be
appealed to the Director, Office of Labor Relations,
by letter postmarked within 30 days of the
Regional Labor Relations Officer’s decision. Any
appeal to the Director must set forth the aspects of
the prior decision(s) that are in dispute and the
reasons. The decision of the Director, Office of
Labor Relations, shall be
(ii)
U.S. Department of Labor, ETA; or
(iii)
A training/trainee program that has received prior
approval by HUD.
(b) Each apprentice or trainee must be paid at not less than
the rate specified in the registered or approved program for
the apprentice’s/trainee’s level of progress, expressed as a
percentage of the journeyman hourly rate specified in the
applicable wage determination. Apprentices and trainees
shall be paid fringe benefits in accordance with the
provisions of the registered or approved program. If the
program does not specify fringe benefits,
apprentices/trainees must be paid the full amount of fringe
benefits listed on the wage determination for the applicable
(iii)
classification.
(c) The allowable ratio of apprentices or trainees to
journeyman on the job site in any craft classification shall
not be greater than the ratio permitted to the employer as
to the entire work force under the approved program.
(d) Any worker employed at an apprentice or trainee wage rate
who is not registered in an approved program, and any
apprentice or trainee performing work on the job site in
excess of the ratio permitted under the approved program,
shall be paid not less than the applicable wage rate on the
wage determination for the classification of work actually
performed.
final.
(e) In the event OATELS, a state apprenticeship agency
(b) Disputes arising out of the labor standards provisions of
recognized by OATELS or ETA, or HUD, withdraws
approval of an apprenticeship or trainee program, the
employer will no longer be permitted to utilize
apprentices/trainees at less than the applicable
predetermined rate for the work performed until an
acceptable program is approved.
paragraph 6 shall not be subject to paragraph 5(a) of this
form HUD-5370C. Such disputes shall be resolved in
accordance with the procedures of the U.S. Department of
Labor set forth in 29 CFR Parts 5, 6 and 7. Disputes within
the meaning of this paragraph 5(b) include disputes
between the Contractor (or any of its subcontractors) and
the HA, HUD, the U.S. Department of Labor, or the
employees or their representatives.
5.
Disputes concerning labor standards
(a)
Disputes arising out of the labor standards provisions
6.
Contract Work Hours and Safety Standards Act
contained in Section II of this form HUD-5370-C, other than
those in Paragraph 6, shall be subject to the following
procedures. Disputes within the meaning of this paragraph
include disputes between the Contractor (or any of its
subcontractors) and the HA, or HUD, or the employees or
their representatives, concerning payment of prevailing
wage rates or proper classification. The procedures in this
section may be initiated upon HUD’s own motion, upon
referral of the HA, or upon request of the Contractor or
The provisions of this paragraph 6 are applicable only where the
amount of the prime contract exceeds $100,000. As used in this
paragraph, the terms “laborers” and “mechanics” includes
watchmen and guards.
(a) Overtime requirements. No Contractor or subcontractor
subcontractor(s).
contracting for any part of the Contract work which may
require or involve the employment of laborers or mechanics
shall require or permit any such laborer or mechanic in any
workweek in which he or she is employed on such work to
work in excess of 40 hours in such workweek unless such
laborer or mechanic receives compensation at a rate not
less than one and one-half times the basic rate of pay for all
hours worked in excess of
(i)
A Contractor and/or subcontractor or other
interested party desiring reconsideration of
findings of violation by the HA or HUD relating to
the payment of straight-time prevailing wages or
classification of work shall request such
reconsideration by letter postmarked within 30
calendar days of the date of notice of findings
issued by the HA or HUD. The request shall set
40 hours in such workweek.
(b) Violation; liability for unpaid wages; liquidated
damages. In the event of any violation of the provisions
set forth in paragraph 6(a), the Contractor and any
Section II - Page 2 of 3
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subcontractor responsible therefor shall be liable for the
unpaid wages. In addition, such Contractor and
subcontractor shall be liable to the United States (in the
case of work done under contract for the District of
Columbia or a territory, to the District or to such territory), for
liquidated damages. Such liquidated damages shall be
computed with respect to each individual laborer or
mechanic, including watchmen and guards, employed in
violation of the provisions set forth in paragraph (a) of this
clause, in the sum of $10 for each calendar day on which
such individual was required or permitted to work in excess
of the standard workweek of 40 hours without payment of
the overtime wages required by provisions set forth in
paragraph (a) of this clause.
(c) Withholding for unpaid wages and liquidated damages.
HUD or its designee shall upon its own action or upon
written request of an authorized representative of the U.S.
Department of Labor withhold or cause to be withheld,
from any moneys payable on account of work performed
by the Contractor or subcontractor under any such
Contract or any federal contract with the same prime
Contractor, or any other federally-assisted contract subject
to the Contract Work Hours and Safety Standards Act,
which is held by the same prime Contractor such sums as
may be determined to be necessary to satisfy any
liabilities of such Contractor or subcontractor for unpaid
wages and liquidated damages as provided in the
provisions set forth in paragraph (b) of this clause.
7. Subcontracts
The Contractor or subcontractor shall insert in any
subcontracts all the provisions contained in this Section II and
also a clause requiring the subcontractors to include these
provisions in any lower tier subcontracts. The prime Contractor
shall be responsible for the compliance by any subcontractor or
lower tier subcontractor with all the provisions contained in
these clauses.
8.
Non-Federal Prevailing Wage Rates
Any prevailing wage rate (including basic hourly rate and any
fringe benefits), determined under state law to be prevailing,
with respect to any employee in any trade or position
employed under the Contract, is inapplicable to the contract
and shall not be enforced against the Contractor or any
subcontractor, with respect to employees engaged under the
contract whenever such non-Federal prevailing wage rate,
exclusive of any fringe benefits, exceeds the applicable wage
rate determined by the Secretary of HUD to be prevailing in the
locality with respect to such trade or position.
Section II - Page 3 of 3
form HUD-5370-C (1/2014)
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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)
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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: ______________________________________________________________
Owner(s) Name:______________________________________________________________
Address: ____________________________________________________________________
Phone: _____________________________ Email:___________________________________
TYPE OF BUSINESS:
Corporation
Partnership
Sole Proprietorship
Estimated Project Workforce Breakdown
(Do not leave blank spaces)
Job Category
Total Estimated
Positions
Needed
(this Project)
Number of
positions
occupied by
permanent
employees
Number of
positions not
occupied
Number of positions
to be filled with
Section 3 Residents
(this project)
Professionals
Technicians
Office/Clerical
Officials/Managers
Sales
Craft Workers
(skilled)
Equipment
Operators
(semi-skilled)
Laborers (unskilled)
Service Workers
Other Construction
Trades
TOTALS
By signing below, I am certifying that the above information is an accurate estimate of workforce needs
for this project.
__________________________________________
_____/_____/_____
Authorized Signature
Date
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REQUIREMENTS /ATTACHMENT 2
CERTIFICATION FOR SEEKING SECTION 3 PREFERENCE
IN CONTRACTING WITH THE CITY OF CHANDLER PROJECTS & DEMONSTRATION OF CAPABILITY
Company Name: ___________________________________________________________
Company Owner(s): ________________________________________________________
Address: _________________________________________________________________
Phone: ___________________ Fax:__________________ Email: ______________________
Business Type:
Corporation
Partnership
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)
Yes
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:
Federal Income Tax Returns
W-2 Income Statements
Paycheck Stubs
Evidence of Public Assistance
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)
Yes
No
If yes, the business is considered a Section 3 Business Concern. Please provide the following:
List of all current Full Time employees (attach a separate sheet to this form)
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?
Yes
No
If yes, please provide the following documentation:
List of subcontracted Section 3 business(es) and subcontract amount
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
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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
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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.
_______________________________________________
Company Name (please print)
_______________________________________________
Authorized Name (please print)
_______________________________________________
Title of Person Authorized to Sign (please print)
_______________________________________________
Signature
Date: _____/_____/_____
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General Conditions for Non-Construction
U.S. Department of Housing and Urban
Contracts
Development
Office of Public and Indian Housing
Section II – (With Maintenance Work)
Office of Labor Relations
OMB Approval No. 2577-0157 (exp. 3/31/2020)
Public Reporting Burden for this collection of information is estimated to average 0.08 hours per response, including the time for reviewing instructions,
searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send
comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the
Reports Management Officer, Office of Information Policies and Systems, U.S. Department of Housing and Urban Development, Washington, D.C.
20410-3600; and to the Office of Management and Budget, Paperwork Reduction Project (2577-0157), Washington, D.C. 20503. Do not send this
completed form to either of these addressees.
Applicability. This form HUD-5370C has 2 Sections. These
Sections must be inserted into non-construction contracts as
described below:
in the classification under this Contract from the first
day on which work is performed in the classification.
2.
Withholding of funds
1)
Non-construction contracts (without maintenance) greater
The Contracting Officer, upon his/her own action or upon
request of HUD, shall withhold or cause to be withheld from the
Contractor under this Contract or any other contract subject to
HUD-determined wage rates, with the same prime Contractor,
than $100,000 - use Section I;
2) Maintenance contracts (including nonroutine maintenance
as defined at 24 CFR 905.200) greater than $2,000 but not
more than $100,000 - use Section II; and
3) Maintenance contracts (including nonroutine maintenance),
greater than $100,000 – use Sections I and II.
so much of the accrued payments or advances as may be
considered necessary to pay laborers and mechanics employed
by the Contractor or any subcontractor the full amount of wages
required by this clause. In the event of failure to pay any laborer
or mechanic employed under this Contract all or part of the
wages required under this Contract, the Contracting Officer or
HUD may, after written notice to the Contractor, take such action
as may be necessary to cause the suspension of any further
payment or advance until such violations have ceased. The
Public Housing Agency or HUD may, after written notice to the
Contractor, disburse such amounts withheld for and on account
of the Contractor or subcontractor to the respective employees
to whom they are due.
Section II – Labor Standard Provisions for all Maintenance
Contracts greater than $2,000
1.
Minimum Wages
(a) All maintenance laborers and mechanics employed under
this Contract in the operation of the project(s) shall be paid
unconditionally and not less often than semi-monthly, and
without subsequent deduction (except as otherwise
provided by law or regulations), the full amount of wages
due at time of payment computed at rates not less than
those contained in the wage determination of the Secretary
of Housing and Urban Development which is attached
hereto and made a part hereof. Such laborers and
mechanics shall be paid the appropriate wage rate on the
wage determination for the classification of work actually
performed, without regard to skill. Laborers or mechanics
performing work in more than one classification may be
compensated at the rate specified for each classification for
the time actually worked therein; provided, that the
employer’s payroll records accurately set forth the time
spent in each classification in which work is performed. The
wage determination, including any additional classifications
and wage rates approved by HUD under subparagraph
1(b), shall be posted at all times by the Contractor and its
subcontractors at the site of the work in a prominent and
accessible place where it can be easily
3. Records
(a) The Contractor and each subcontractor shall make and
maintain for three (3) years from the completion of the work
records containing the following for each laborer and
mechanic:
(i)
Name, address and Social Security Number;
(ii)
Correct work classification or classifications;
(iii) Hourly rate or rates of monetary wages paid;
(iv) Rate or rates of any fringe benefits provided;
(v) Number of daily and weekly hours worked;
(vi) Gross wages earned;
(vii) Any deductions made; and
(viii) Actual wages paid.
seen by the workers.
(b) The Contractor and each subcontractor shall make the
records required under paragraph 3(a) available for
inspection, copying, or transcription by authorized
representatives of HUD or the HA and shall permit such
representatives to interview employees during working
hours on the job. If the Contractor or any subcontractor
fails to make the required records available, HUD or its
designee may, after written notice to the Contractor, take
such action as may be necessary to cause the suspension
of any further payment, advance or guarantee of funds.
(b) (i) Any class of laborers or mechanics which is not listed in
the wage determination and which is to be employed under
the Contract shall be classified in conformance with the
wage determination. HUD shall approve an additional
classification and wage rate only when the following criteria
have been met:
(1) The work to be performed by the classification
required is not performed by a classification in the
4.
Apprentices and Trainees
wage determination;
(2) The classification is utilized in the area by the
industry; and
(a) Apprentices and trainees will be permitted to work at less
than the predetermined rate for the work they perform
when they are employed pursuant to and individually
registered in:
(i)
(3) The proposed wage rate bears a reasonable
relationship to the wage rates contained in the
wage determination.
A bona fide apprenticeship program registered
with the U.S. Department of Labor, Employment
and Training Administration (ETA), Office of
(ii)
The wage rate determined pursuant to this
paragraph shall be paid to all workers performing work
Section II - Page 1 of 3
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Apprenticeship Training, Employer and Labor
Services (OATELS), or with a state apprenticeship
agency recognized by OATELS, or if a person is
employed in his/her first 90 days of probationary
employment as an apprentice in such an
apprenticeship program, who is not individually
registered in the program, but who has been
certified by OATELS or a state apprenticeship
agency (where appropriate) to be eligible for
probationary employment as an apprentice; A
trainee program which has received prior approval,
evidenced by formal certification by the
(ii)
forth those findings that are in dispute and the
reasons, including any affirmative defenses, with
respect to the violations. The request shall be
directed to the appropriate HA or HUD official in
accordance with instructions contained in the
notice of findings or, if the notice does not specify
to whom a request should be made, to the
Regional Labor Relations Officer (HUD). The HA
or HUD official shall, within 60 days (unless
otherwise indicated in the notice of findings) after
receipt of a timely request for reconsideration,
issue a written decision on the findings of violation.
The written decision on reconsideration shall
contain instructions that any appeal of the decision
shall be addressed to the Regional Labor
Relations Officer by letter postmarked within 30
calendar days after the date of the decision. In the
event that the Regional Labor Relations Officer
was the deciding official on reconsideration, the
appeal shall be directed to the Director, Office of
Labor Relations (HUD). Any appeal must set forth
the aspects of the decision that are in dispute and
the reasons, including any affirmative defenses,
with respect to the violations. The Regional Labor
Relations Officer shall, within 60 days (unless
otherwise indicated in the decision on
reconsideration) after receipt of a timely appeal,
issue a written decision on the findings. A decision
of the Regional Labor Relations Officer may be
appealed to the Director, Office of Labor Relations,
by letter postmarked within 30 days of the
Regional Labor Relations Officer’s decision. Any
appeal to the Director must set forth the aspects of
the prior decision(s) that are in dispute and the
reasons. The decision of the Director, Office of
Labor Relations, shall be
(ii)
U.S. Department of Labor, ETA; or
(iii)
A training/trainee program that has received prior
approval by HUD.
(b) Each apprentice or trainee must be paid at not less than
the rate specified in the registered or approved program for
the apprentice’s/trainee’s level of progress, expressed as a
percentage of the journeyman hourly rate specified in the
applicable wage determination. Apprentices and trainees
shall be paid fringe benefits in accordance with the
provisions of the registered or approved program. If the
program does not specify fringe benefits,
apprentices/trainees must be paid the full amount of fringe
benefits listed on the wage determination for the applicable
(iii)
classification.
(c) The allowable ratio of apprentices or trainees to
journeyman on the job site in any craft classification shall
not be greater than the ratio permitted to the employer as
to the entire work force under the approved program.
(d) Any worker employed at an apprentice or trainee wage rate
who is not registered in an approved program, and any
apprentice or trainee performing work on the job site in
excess of the ratio permitted under the approved program,
shall be paid not less than the applicable wage rate on the
wage determination for the classification of work actually
performed.
final.
(e) In the event OATELS, a state apprenticeship agency
(b) Disputes arising out of the labor standards provisions of
recognized by OATELS or ETA, or HUD, withdraws
approval of an apprenticeship or trainee program, the
employer will no longer be permitted to utilize
apprentices/trainees at less than the applicable
predetermined rate for the work performed until an
acceptable program is approved.
paragraph 6 shall not be subject to paragraph 5(a) of this
form HUD-5370C. Such disputes shall be resolved in
accordance with the procedures of the U.S. Department of
Labor set forth in 29 CFR Parts 5, 6 and 7. Disputes within
the meaning of this paragraph 5(b) include disputes
between the Contractor (or any of its subcontractors) and
the HA, HUD, the U.S. Department of Labor, or the
employees or their representatives.
5.
Disputes concerning labor standards
(a)
Disputes arising out of the labor standards provisions
6.
Contract Work Hours and Safety Standards Act
contained in Section II of this form HUD-5370-C, other than
those in Paragraph 6, shall be subject to the following
procedures. Disputes within the meaning of this paragraph
include disputes between the Contractor (or any of its
subcontractors) and the HA, or HUD, or the employees or
their representatives, concerning payment of prevailing
wage rates or proper classification. The procedures in this
section may be initiated upon HUD’s own motion, upon
referral of the HA, or upon request of the Contractor or
The provisions of this paragraph 6 are applicable only where the
amount of the prime contract exceeds $100,000. As used in this
paragraph, the terms “laborers” and “mechanics” includes
watchmen and guards.
(a) Overtime requirements. No Contractor or subcontractor
subcontractor(s).
contracting for any part of the Contract work which may
require or involve the employment of laborers or mechanics
shall require or permit any such laborer or mechanic in any
workweek in which he or she is employed on such work to
work in excess of 40 hours in such workweek unless such
laborer or mechanic receives compensation at a rate not
less than one and one-half times the basic rate of pay for all
hours worked in excess of
(i)
A Contractor and/or subcontractor or other
interested party desiring reconsideration of
findings of violation by the HA or HUD relating to
the payment of straight-time prevailing wages or
classification of work shall request such
reconsideration by letter postmarked within 30
calendar days of the date of notice of findings
issued by the HA or HUD. The request shall set
40 hours in such workweek.
(b) Violation; liability for unpaid wages; liquidated
damages. In the event of any violation of the provisions
set forth in paragraph 6(a), the Contractor and any
Section II - Page 2 of 3
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subcontractor responsible therefor shall be liable for the
unpaid wages. In addition, such Contractor and
subcontractor shall be liable to the United States (in the
case of work done under contract for the District of
Columbia or a territory, to the District or to such territory), for
liquidated damages. Such liquidated damages shall be
computed with respect to each individual laborer or
mechanic, including watchmen and guards, employed in
violation of the provisions set forth in paragraph (a) of this
clause, in the sum of $10 for each calendar day on which
such individual was required or permitted to work in excess
of the standard workweek of 40 hours without payment of
the overtime wages required by provisions set forth in
paragraph (a) of this clause.
(c) Withholding for unpaid wages and liquidated damages.
HUD or its designee shall upon its own action or upon
written request of an authorized representative of the U.S.
Department of Labor withhold or cause to be withheld,
from any moneys payable on account of work performed
by the Contractor or subcontractor under any such
Contract or any federal contract with the same prime
Contractor, or any other federally-assisted contract subject
to the Contract Work Hours and Safety Standards Act,
which is held by the same prime Contractor such sums as
may be determined to be necessary to satisfy any
liabilities of such Contractor or subcontractor for unpaid
wages and liquidated damages as provided in the
provisions set forth in paragraph (b) of this clause.
7. Subcontracts
The Contractor or subcontractor shall insert in any
subcontracts all the provisions contained in this Section II and
also a clause requiring the subcontractors to include these
provisions in any lower tier subcontracts. The prime Contractor
shall be responsible for the compliance by any subcontractor or
lower tier subcontractor with all the provisions contained in
these clauses.
8.
Non-Federal Prevailing Wage Rates
Any prevailing wage rate (including basic hourly rate and any
fringe benefits), determined under state law to be prevailing,
with respect to any employee in any trade or position
employed under the Contract, is inapplicable to the contract
and shall not be enforced against the Contractor or any
subcontractor, with respect to employees engaged under the
contract whenever such non-Federal prevailing wage rate,
exclusive of any fringe benefits, exceeds the applicable wage
rate determined by the Secretary of HUD to be prevailing in the
locality with respect to such trade or position.
Section II - Page 3 of 3
form HUD-5370-C (1/2014)
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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)
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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: ______________________________________________________________
Owner(s) Name:______________________________________________________________
Address: ____________________________________________________________________
Phone: _____________________________ Email:___________________________________
TYPE OF BUSINESS:
Corporation
Partnership
Sole Proprietorship
Estimated Project Workforce Breakdown
(Do not leave blank spaces)
Job Category
Total Estimated
Positions
Needed
(this Project)
Number of
positions
occupied by
permanent
employees
Number of
positions not
occupied
Number of positions
to be filled with
Section 3 Residents
(this project)
Professionals
Technicians
Office/Clerical
Officials/Managers
Sales
Craft Workers
(skilled)
Equipment
Operators
(semi-skilled)
Laborers (unskilled)
Service Workers
Other Construction
Trades
TOTALS
By signing below, I am certifying that the above information is an accurate estimate of workforce needs
for this project.
__________________________________________
_____/_____/_____
Authorized Signature
Date
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REQUIREMENTS /ATTACHMENT 2
CERTIFICATION FOR SEEKING SECTION 3 PREFERENCE
IN CONTRACTING WITH THE CITY OF CHANDLER PROJECTS & DEMONSTRATION OF CAPABILITY
Company Name: ___________________________________________________________
Company Owner(s): ________________________________________________________
Address: _________________________________________________________________
Phone: ___________________ Fax:__________________ Email: ______________________
Business Type:
Corporation
Partnership
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)
Yes
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:
Federal Income Tax Returns
W-2 Income Statements
Paycheck Stubs
Evidence of Public Assistance
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)
Yes
No
If yes, the business is considered a Section 3 Business Concern. Please provide the following:
List of all current Full Time employees (attach a separate sheet to this form)
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?
Yes
No
If yes, please provide the following documentation:
List of subcontracted Section 3 business(es) and subcontract amount
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
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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
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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.
_______________________________________________
Company Name (please print)
_______________________________________________
Authorized Name (please print)
_______________________________________________
Title of Person Authorized to Sign (please print)
_______________________________________________
Signature
Date: _____/_____/_____
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