Bid Packet for Kid Street Park Enhancement Project · AND FRINGE BENEFITS AS DETERMINED BY THE...

Kid Street Park, Park Enhancement Page 1 of 36

City of Phoenix Park Enhancement Project

Kid Street Park at Marc Atkinson Center 4535 N. 23rd Avenue Phoenix, AZ 85015

Request for Bids


Statement of Purpose Through this request for bids, City of Phoenix, is seeking the services of a general contractor with the best favorable competitive rates and to provide all qualified businesses, including those that are owned by minorities, woman, persons with disabilities and/or small business enterprises, the opportunity to do business with the City of Phoenix. Notice is hereby given that the City of Phoenix will receive bids for furnishing labor, materials, transportation and services for the construction entitled:

CITY OF PHOENIX Park Enhancement Project

Kid Street Park at Marc Atkinson Center 4535 N. 23rd Avenue Phoenix, AZ 85015

Description & Scope of Work This Project, with the support of the Federal Government and the City of Phoenix, will provide park improvements, including: new playground equipment, new playground safety surfacing, new shade canopy, surface basketball court and paint 4-square, backboard and rim, new drinking fountain, new security camera system and removing rubber resilient surfacing.

Beginning on May 10, 2016, Bid Documents may be obtained from:

City of Phoenix, Neighborhood Services Department, Grants Administration Section Park Enhancement Project, Kid Street Park at Marc Atkinson Center 200 West Washington Street, 4th floor Phoenix, AZ 85003

Your firm is invited to submit an offer for the project stated below to City of Phoenix, Neighborhood Services Department, Grants Administration Section, Park Enhancement Project, Kid Street Park at Marc Atkinson Center 200 West Washington Street, 4th floor, Phoenix, AZ 85003 on or before June 9, 2016 at 3:00pm,

We would like to give all qualified businesses, including those that are owned by minorities, women, persons with disabilities and small business enterprises, the opportunity to do business with the City of Phoenix.

To be classified in a particular racial/ethnic category, a business entity must be 51% or more owned and controlled by a single racial/ethnic group. Bid Requirements

A. A mandatory pre-bid meeting will be held on May 24, 2016 10:00 a.m., at 4535 N. 23rd Ave. Phoenix, Arizona 85015. Attendance by bidders who intend to submit a bid is required. The purpose of this meeting is to clarify the concepts of the invitation to bid and bid documents for you and your subcontractors and to review any addenda. This meeting is intended to prevent any misunderstanding of the work requested and to answer questions. A Labor Standards Compliance representative will be available to answer questions as it relates to federally required Wage Determination/Labor Standards. Bids will not be accepted from contractors who have not attended the Mandatory Pre-bid meeting and signed the meeting sign-in sheet.

B. A site walk-thru is scheduled for immediately following the pre-bid conference. DO NOT ATTEMPT TO VISIT THE SITE AT ANY OTHER TIME.


C. Submit your bid on the Bid Forms provided, which are attached as Exhibit “A”, Exhibit “B”, Exhibit “C-3”, Exhibit “C-4’, Exhibit “D”, and Exhibit “G”. No other form(s) will be accepted.

D. A bid packet without all Bid Forms, Exhibit “A”, Exhibit “B”, Exhibit “C-3”, Exhibit “C-4’, Exhibit “D”, Exhibit “G”, and a Bid Bond for no less than 5% of the bid amount will be considered to be an incomplete bid.

Bid Forms must be received, in a sealed envelope, in whole dollar amounts at the City of Phoenix, Neighborhood Services Department, Grants Administration Section, Park Enhancement Project, Kid Street Park at Marc Atkinson Center, 200 West Washington Street, 4th floor, Phoenix, AZ 85003 no later than June 9, 2016 at 3:00 p.m. No faxes or emails will be accepted.

E. Any bids received after closing time will be returned unopened. THE CITY RESERVES THE RIGHT TO REJECT ANY OR ALL BIDS AND PROPOSALS OR ANY PART THEREOF OR TO ACCEPT ANY BID AND PROPOSAL RECEIVED. All bids shall require cost breakdown, in a sealed envelope, in whole dollar amounts labeled:

To: City of Phoenix, Neighborhood Services Department, Grants Administration Section Park Enhancement Project, Kid Street Park at Marc Atkinson Center 200 West Washington Street, 4th floor Phoenix, AZ 85003

Bid For: Park Enhancement Project, Kid Street Park at Marc Atkinson Center Bidder: Bidder’s Name Bidder’s Address Bidder’s License Number Project’s Name and Address

F. Bids will be publicly opened and read aloud; at said office and time stated below in schedule of dates. Bids shall be date/time stamped by City of Phoenix, Neighborhood Services Department.

G. Your offer will be required to be submitted under a condition of irrevocability for a period of 60 days after submission.

H. Estimated Schedule of Dates:

Request for Bids Issued: May 10, 2016

Mandatory Pre Bid Meeting: May 24, 2016 10:00 a.m. at 4535 N. 23rd Ave Phoenix, Arizona 85015

Site Walk-Thru: May 24, 2016, 10:00 p.m. at 4535 N. 23rd Ave Phoenix, Arizona 85015

Last date to request information: May 31, 2016, 3:00 p.m.

Closing Date for Bids: June 9, 2016, by 3:00 p.m.

Public Bid Opening: June 9, 2016, 3:05 p.m. at 200 West Washington Street 4th floor, Phoenix

AZ 85003. Conference Room to be announced.

Bid Review: June 9-23, 2016

Anticipated Bid Award: June 23, 2016

Anticipated Pre Construction Meeting: TBD

Anticipated NTP: July 1, 2016

Notice of Federal Funds and Requirements


A. This Project is funded by the 2014-15 Community Development Block Grant funding awarded to the City of Phoenix Parks and Recreation Department by the City of Phoenix Neighborhood Services Department. The City of Phoenix funded the Project because it improves a public facility that provides services to low-moderate income residents

B. Federal Labor Standard Wages are applicable for this federally funded project. Wage determination for this project

is attached as Exhibit “E” and will also be made available at the mandatory pre-bid meeting. Payment of Davis Bacon Labor Standards wages is required under this contract. Contractor will adhere to Davis Bacon Labor Standards wage determination and submit weekly payroll reports to the City of Phoenix Labor Standards Monitor. A General Decision setting the wage scale will be issued during the Pre-Bid Meeting. The following paragraph must be incorporated into all subcontractor agreements: THIS PROJECT IS FUNDED WITH FEDERAL FUNDS. AS A RESULT, DAVIS BACON LABOR STANDARDS

WAGES APPLY. ALL CONTRACTORS AND SUBCONTRACTORS MUST PAY WORKERS PREVAILING WAGES

AND FRINGE BENEFITS AS DETERMINED BY THE FEDERAL GOVERNMENT. THIS PROVISION MUST BE

INCLUDED IN ALL CONSTRUCTION CONTRACTS AND SUBCONTRACTS.

C. The work to be performed under the contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing.

D. This federally funded project requires a NEPA level environmental review be conducted. The environmental review was completed on October 20, 2014 and concluded that the project is; Categorically Exempt. The project includes two environmental mitigations. A burrowing owl survey of the site will required at least two (2) weeks prior to start of activities for burrowing owls. Coordination for the survey will be done with the City of Phoenix and the successful bidding firm. A Maricopa County Dust Control permit will be required for the project. Proof of completion for both mitigations is required prior to the issuance of the Notice to Proceed. Successful contractors and lower tier contractors will be required to be registered on the System for Award Management or SAM.gov before the Notice to Proceed is issued. The SAM.gov website is a national database for all recipients of federal funds.

Additional Requirements

A. INSURANCE Bidder, upon award of the contract, must provide proof of insurance as set forth by the City and/or the Construction Contract. The awarded firm will be required to provide proof of insurance including the City of Phoenix. 1. INDEMNIFICATION CLAUSE: (STANDARD SERVICE)

Contractor shall indemnify, defend, save and hold harmless the City of Phoenix and its officers, officials, agents, and employees (hereinafter referred to as “Indemnitee”) from and against any and all claims, actions, liabilities, damages, losses, or expenses (including court costs, attorneys’ fees, and costs of claim processing, investigation and litigation) (hereinafter referred to as “Claims”) for bodily injury or personal injury (including death), or loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of Contractor or any of its owners, officers, directors, agents, employees or subcontractors. This indemnity includes any claim or amount arising out of or recovered under the Workers’ Compensation Law or arising out of the failure of such contractor to conform to any federal, state or local law, statute, ordinance, rule, regulation or court decree. It is the specific intention of the parties that the Indemnitee shall, in all instances, except for Claims arising


solely from the negligent or willful acts or omissions of the Indemnitee, be indemnified by Contractor from and against any and all claims. It is agreed that Contractor will be responsible for primary loss investigation, defense and judgment costs where this indemnification is applicable. In consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation against the City, its officers, officials, agents and employees for losses arising from the work performed by the Contractor for the City.

2. INSURANCE REQUIREMENTS:

Contractor and subcontractors shall procure and maintain the insurance until all of their obligations have been discharged, including any warranty periods under the contract are satisfied, insurance against claims for injury to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors. The insurance requirements herein are minimum requirements for the contract and in no way limit the indemnity covenants contained in the contract. The City in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the work under the contract by the Contractor, his agents, representatives, employees or subcontractors and Contractor is free to purchase additional insurance as may be determined necessary.

3. MINIMUM SCOPE AND LIMITS OF INSURANCE: Contractor shall provide coverage with limits of liability not less than those stated below. An excess liability policy or umbrella liability policy may be used to meet the minimum liability requirements provided that the coverage is written on a “following form” basis. Commercial General Liability – Occurrence Form Policy shall include bodily injury, property damage and broad form contractual liability coverage. General Aggregate $2,000,000 Products – Complete Operations Aggregate $1,000,000 Personal and Advertising Injury $1,000,000 Each Occurrence $1,000,000 The policy shall be endorsed to include the following additional insured language: "The City of Phoenix shall be named as an additional insured with respect to liability arising out of the activities performed by, or on behalf of the Contractor". Automobile Liability Bodily Injury and Property Damage for any owned, hired, and non-owned vehicles used in the performance of this Contract. Combined Single Limits (CSL) $1,000,000 The policy shall be endorsed to include the following additional insured language: "The City of Phoenix shall be named as an additional insured with respect to liability arising out of the activities performed by, or on behalf of the Contractor, including automobiles owned, leased, hired or borrowed by the Contractor". Worker's Compensation and Employers' Liability Workers' Compensation and Statutory Employers' Liability Each Accident $100,000 Disease – Each Employee $100,000 Disease – Policy Limit $500,000


Policy shall contain a waiver of subrogation against the City of Phoenix. This requirement shall not apply when a contractor or subcontractor is exempt under A.R.S. 23-901, AND when such contractor or subcontractor executes the appropriate sole proprietor waiver form.

4. ADDITIONAL INSURANCE REQUIREMENTS: The policies shall include, or be endorsed to include, the

following provisions: On insurance policies where the City of Phoenix is named as an additional insured, the City of Phoenix shall be an additional insured to the full limits of liability purchased by the Contractor even if those limits of liability are in excess of those required by this Contract. The Contractor's insurance coverage shall be primary insurance and non-contributory with respect to all other available sources.

B. BOND

Contractor is required to provide and pay for a Bid Bond must guarantee equivalent to 5% of the bid price. The Bidder shall deliver the required bond to City of Phoenix with the bid materials. In the event the bid bond is not included, the bid will be deemed an incomplete bid and the firm will not be considered for the project. Contractor is required to provide and pay for Performance and Labor and Material Payment Bond(s). Bond shall cover the faithful performance (100%) of the Contract and the payment of all obligations (100%) arising there under. The Bidder shall deliver the required bonds to City of Phoenix not later than the date of execution of the Notice to Proceed. The Bidder shall require the attorney in fact who executes the required bonds on behalf of the surety to affix thereto a certified and current copy of his power of attorney indicating the monetary limit of such power. Bonds shall be executed in two parts, Performance Bond and Labor and Material Payment Bond with amount shown on each part equal to 100% of the total amount payable by terms of the Contract. Surety shall be company licensed to do business in State in which work is located. Bond amount shall be increased to include any Change Order added to the Contract to 100% total value amount of each Change Order.

C. LICENSE Contractor is required to be properly licensed by the State of Arizona Register of Contractors in order to complete the scope of work and be in good standing. Any complaints filed against contractor will be reviewed and become a part of the bid evaluation process.

D. IMMIGRATION REFORM AND CONTROL ACT

Compliance with Federal Laws Required. Contractor understands and acknowledges the applicability of the Immigration Reform and control Act of 1986 and the Drug Free Workplace Act to him. Contractor agrees to comply with these Federal Laws in performing under this Agreement and to permit City inspection of his personnel records to verify such compliance.


E. LEGAL WORKER REQUIREMENTS

The City of Phoenix is prohibited by A.R.S. § 41-4401 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 that: 1. 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. 2. A breach of a warranty under paragraph A shall be deemed a material breach of the contract that is subject to penalties up to and including termination of the contract. 3. The City of Phoenix retains the legal right to inspect the papers of any Contractor or subcontractor employee who works on the contract to ensure that the Contractor or subcontractor is complying with the warranty under paragraph A.

F.. CONTRACTOR AND SUBCONTRACTOR WORKER BACKGROUND SCREENING

(1) Contract Worker Background Screening. Contractor agrees that all contract workers and subcontractors

(collectively “Contract Worker(s)”) that Contractor furnishes to the City pursuant to this Agreement shall be subject to background and security checks and screening (collectively “Background Screening”) at Contractor’s sole cost and expense as set forth in this Section. The Background Screening provided by Contractor shall comply with all applicable laws, rules and regulations. Contractor further agrees that the Background Screening required in this Section is necessary to preserve and protect public health, safety and welfare. The Background Screening requirements set forth in this Section are the minimum requirements for this Agreement. The City in no way warrants that these minimum requirements are sufficient to protect Contractor from any liabilities that may arise out of Contractor’s services under this Agreement or Contractor’s failure to comply with this Section. Therefore, in addition to the specific measures set forth below, Contractor and its Contract Workers shall take such other reasonable, prudent and necessary measures to further preserve and protect public health, safety and welfare when providing services under this Agreement. The City may, in its sole discretion, accept or reject any or all of the Contract Workers proposed by Contractor to perform work under this Agreement, as well those Contract Workers actually providing services during the term of this Agreement.

(2) Background Screening Requirements and Criteria. Because of the varied types of services performed, the City

has established three levels of risk and associated Background Screening. The risk level and Background Screening required for this Agreement is standard.

A. Minimum Risk and Background Screening (“Minimum Risk”).

A minimum risk Background Screening shall be performed when the Contract Worker: (i) will not have direct access to City facilities or information systems; or (ii) will not work with vulnerable adults or children; or (iii) when access to City facilities is escorted by City workers. The Background Screening for minimum risk shall consist of the screening required by Arizona Revised Statutes §§ 41-4401 and following to verify legal Arizona worker status.

B. Standard Risk and Background Screening (“Standard Risk”).

A standard risk Background Screening shall be performed when the Contract Worker’s work assignment

will: (i) require a badge or key for access to City facilities; or (ii) allow any access to sensitive, confidential records, personal identifying information or restricted City information; or (iii) allow unescorted access to City facilities during normal and non-business hours. The Background Screening for this standard risk level shall include the Background Screening required for the Minimum Risk level and a background check for real identity/legal name, and shall include felony and misdemeanor records from any county in the United


States, the state of Arizona, plus any other jurisdiction where the Contract Worker has lived at any time in the preceding seven (7) years from the Contract Worker’s proposed date of hire.

C Maximum Risk and Background Screening (“Maximum Risk”).

A maximum risk Background Screening shall be performed when the Contract Worker’s work assignment will: (i) have any contact with vulnerable people such as children, youth, elderly, or individuals with disabilities; or (ii) have any responsibility for the receipt or payment of City funds or control of inventories, assets, or records that are at risk of misappropriation; or (iii) have unescorted access to City data centers, money rooms, or high-value equipment rooms; or (iv) have access to private residences; or (v) have access to Homeland Defense Bureau identified critical infrastructure sites/facilities. The Background Screening for this maximum risk level shall include the Background Screening required for the Standard Risk level, plus a sexual offender search, a credit check, and driving record search for the preceding seven (7) years from the Contract Worker’s proposed date of hire. Contract Workers who work directly with children or vulnerable adults are also subject to fingerprint verification through the Arizona Department of Public Safety as mandated by Phoenix City Code, § 2-45.6.

(3.) Contractor Certification; City Approval of Maximum Risk Background Screening. By executing this Agreement, Contractor certifies and warrants that Contractor has read the Background Screening requirements and criteria in this Section, understands them and that all Background Screening information furnished to the City is accurate and current. Also, by executing this Agreement, Contractor further certifies and warrants that Contractor has satisfied all such Background Screening requirements for the Minimum Risk and Standard Risk Background Screenings as required. In addition, for Maximum Risk Background Screening, Contractor shall furnish to Jarod Rogers ([email protected] for the City’s review and approval such Background Screenings for any Contract Worker considered for performing services under this Agreement where human safety or facility security is classified as a Maximum Risk level. The subject Contract Worker shall not apply for the appropriate City of Phoenix identification and access badge or keys until Contractor has received the City’s written acceptance of the subject Contract Worker’s Maximum Risk Background Screening. A Contract Worker rejected for work at a Maximum Risk level under this Agreement shall not be proposed to perform work under other City contracts or engagements without City’s prior written approval.

(4.) Terms of This Section Applicable to all of Contractor’s Contracts and Subcontracts. Contractor shall

include the terms of this Section for Contract Worker Background Screening in all contracts and subcontracts for services furnished under this Agreement including, but not limited to, supervision and oversight services.

(5.) Materiality of Background Screening Requirements; Indemnity. The Background Screening requirements

of this Section are material to City’s entry into this Agreement and any breach of this Section by Contractor shall be deemed a material breach of this Agreement. In addition to the indemnity provisions set forth in Supplementary Conditions Section 3.18 of this Agreement, Contractor shall defend, indemnify and hold harmless the City for any and all Claims (as defined in Supplementary Conditions Section 3.18 arising out of this Background Screening Section including, but not limited to, the disqualification of a Contract Worker by Contractor or the City for failure to satisfy this Section.

(6.) Continuing Duty; Audit. Contractor’s obligations and requirements that Contract Workers satisfy this

Background Screening Section shall continue throughout the entire term of this Agreement. Contractor shall notify the City immediately of any change to a Maximum Risk Background Screening of a Contract Worker previously approved by the City. Contractor shall maintain all records and documents related to all Background Screenings and the City reserves the right to audit Contractor’s compliance with this Section pursuant to Supplementary Conditions Section 13.10.


G. CONTRACT WORKER ACCESS CONTROLS, BADGE AND KEY ACCESS REQUIREMENTS

(1) A CONTRACT WORKER SHALL NOT BE ALLOWED TO BEGIN WORK IN ANY CITY FACILITY WITHOUT:

(1) THE PRIOR COMPLETION AND CITY’S ACCEPTANCE OF THE REQUIRED BACKGROUND SCREENING; AND (2) WHEN REQUIRED, THE CONTRACT WORKER’S RECEIPT OF A CITY ISSUED BADGE. A BADGE WILL BE ISSUED TO A CONTRACT WORKER SOLELY FOR ACCESS TO THE CITY FACILITY(S) TO WHICH THE CONTRACT WORKER IS ASSIGNED. EACH CONTRACT WORKER WHO ENTERS A CITY FACILITY MUST USE THE BADGE ISSUED TO THE CONTRACT WORKER.

(2.) Badge Access Procedures. An authorized City of Phoenix badge application form is available at the City of

Phoenix Badging Office, 251 W. Washington St., 2nd Floor, Phoenix, AZ 85003-1611. Each Contract Worker (as defined herein) who is furnishing Standard Risk (as defined herein) or Maximum Risk (as defined herein) services under this Agreement shall submit to the City of Phoenix, Banking & Cashiering Division, 251 W. Washington, 3rd Floor, Phoenix, AZ 85003-1611: (i) a fully completed and authorized City of Phoenix badge application form; (ii) a check in the initial badge fee amount listed below made payable to the “City of Phoenix”; and (iii) two forms of identification. One form of identification must be a government issued credential with an accompanying photograph. The second form of identification must be a valid passport; military issued identification card; immigration and naturalized services identification card; social security card; or an original birth certificate. After receipt of the badge application and payment, the Contract Worker will proceed to the badging office for processing of the badge application and issuance of the badge. The City will not process the badge application until the Contract Worker satisfies the required Background Screening (as defined herein). The Contract Worker shall comply with all requirements and furnish all requested information within five (5) business days from initial submission of the badge application or the subject Contract Worker’s badge application shall be rejected.

(3.) Key Access Procedures. If the Contract Worker’s services require keyed access to enter a City facility(s), a

separate key issue/return form must be completed and submitted by the Contractor for each key issued. The key issue/return form is available at and the completed form shall be submitted to the badging office at the address above.

(4.) Stolen or Lost Badges or Keys. Contractor shall report lost or stolen badges or keys to their local police

department and must obtain a police department report (PDR) prior to re-issuance of any lost or stolen badge or key. A new badge application or key issue form shall be completed and submitted along with payment of the applicable fees listed below prior to issuance of a new badge or key.

(5.) Return of Badges or Keys. All badges and keys are the property of the City and must be returned to the City at

the badging office within one (1) business day of when the Contract Worker’s access to a City facility is no longer required to furnish the services under this Agreement. Contractor shall collect a Contract Worker’s badge and key(s) upon the termination of the Contract Worker’s employment; when the Contract Worker’s services are no longer required at the particular City facility(s); or upon termination, cancellation or expiration of this Agreement.

(6.) Contractor’s Default; Liquidated Damages; Reservation of Remedies for Material Breach. Contractor’s default

under this Section shall include, but is not limited to the following: (i) Contract Worker gains access to a City facility(s) without the proper badge or key; (ii) Contract Worker uses a badge or key of another to gain access to a City facility; (iii) Contract Worker commences services under this Agreement without the proper badge, key or Background Screening; (iv) Contract Worker or Contractor submits false information or negligently submits wrong information to the City to obtain a badge, key or applicable Background Screening; or (v) Contractor fails to collect and timely return Contract Worker’s badge or key upon termination of Contract Worker’s employment, reassignment of Contract Worker to another City facility or upon the expiration, cancellation or termination of this Agreement. Contractor acknowledges and agrees that the access control, badge and key requirements in this Section are necessary to preserve and protect public health, safety and welfare. Accordingly, Contractor agrees


to properly cure any default under this Section within three (3) business days from the date notice of default is sent by the City. The parties agree that Contractor’s failure to properly cure any default under this Section shall constitute a breach of this Section. In addition to any other remedy available to the City at law or in equity, the Contractor shall be liable for and shall pay to the City the sum of one thousand dollars ($1,000.00) for each breach by Contractor of this Section. The parties further agree that the sum fixed above is reasonable and approximates the actual or anticipated loss to the City at the time and making of this Agreement in the event that Contractor breaches this Section. Further, the parties expressly acknowledge and agree to the fixed sum set forth above because of the difficulty of proving the City's actual damages in the event that Contractor breaches this Section. The parties further agree that three (3) breaches by Contractor of this Section arising out of any default within a consecutive period of three (3) months or three (3) breaches by Contractor of this Section arising out of the same default within a period of twelve (12) consecutive months shall constitute a material breach of this Agreement by Contractor and the City expressly reserves all of its rights, remedies and interests under this Agreement, at law and in equity including, but not limited to, termination of this Agreement.

(7.) Badge and Key Fees. The badge and key fee under this Agreement shall be $55.00 whether for initial badge/key

or replacements. The City reserves the right to amend these fees upon thirty (30) days prior written notice to Consultant.

H.. LAWFUL PRESENCE REQUIREMENT

Pursuant to A.R.S. §§ 1-501 and 1-502, the City of Phoenix is prohibited 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.

I. Certification Requirements Any certification requirements will be announced at the pre-bid conference.

J. Permits Bid cost shall include any and all required construction permits.

K. Document Review, Interpretation and Addenda Should a bidder find any discrepancy, error or omission within the Invitation for Bids or the scope of work, please contact Shawn Pierce, Project Manager in writing via email (see contact info below). The last day/time for issuing questions is May 31, 2016 at 3:00 p.m. If a question submitted warrants a response, the City of Phoenix will then issue a written addendum to all contractors who attended the pre-bid meeting to inform them of the clarification. Oral instructions or information shall not constitute an addendum to this Request for Bids.

Please direct all questions related to the bid advertisement to:

City of Phoenix, Neighborhood Services Department, Grants Administration Section Park Enhancement Project, Kid Street Park at Marc Atkinson Center 200 West Washington Street, 4th floor, Phoenix, AZ 85003 E-mail: [email protected]


L. Access to Site Prior to Submitting a Bid Package Bidder is required to attend a mandatory pre-submittal meeting on 4535 N. 23rd Ave, Phoenix, Arizona 85015. A site walk-thru is scheduled for May 24, 2016 at .10:00 a.m.

M. Notice to Proceed Contractor will commence no work until a written Notice to Proceed has been issued by, City of Phoenix, Parks and Recreation Department. The anticipated date for the Notice to Proceed is July 1, 2016.

N. Construction Contract Contractor shall acknowledge the receipt or understanding of the construction contract and the contract conditions. The contractor shall be responsible to the City of Phoenix for the distribution of information to subcontractors used pursuant to an awarded contract.

O. Cleanup and disposal There is to be no debris in the common areas at any time. All construction debris and trash left by construction workers must be removed daily.

P. Billing/Payment All billing/payments will be submitted to the City of Phoenix, Parks and Recreation Department through an AIA Document/Form and include 10% retainage.

Q. Warranties Contractor is required to provide all warranty and product information, as applicable to the City of Phoenix upon completion.

R. Project Completion Upon completion of this project, the contractor will submit a Certificate of Completion to the City of Phoenix that all work has been completed, full lien releases for contractor and all sub-contractors, paid in full invoices from all materials suppliers, and show any letters of warranty.

End of Additional Requirements


Exhibit A BID FORM- Bid Sheet

RE: City of Phoenix, Park Enhancement Project: Kid Street Park at Marc Atkinson Center

We, the undersigned, propose to do all the work and furnish all the labor, physical plant and materials necessary for the work set forth in the Bidding Documents entitled City of Phoenix, Park Enhancement Project: Kid Street Park at Marc Atkinson Center.

We further declare that we have carefully read and examined the referenced Bidding Documents, that we have made a personal examination of the Site and that we understand the exact Scope of the Project, and by making the Bid, declare that we are in compliance with all requirements thereof. In submitting this bid, we agree:

1. To hold the Bid open until 60 days after date for receipt of bids. 2. To enter into and execute a Contract, and to furnish Statutory Performance and Payment Bonds and

Insurance Certificates in accordance with the Contract Documents, not later than the date of execution of the Notice to Proceed.

3. To accomplish the work in accordance with the Contract Documents. 4. To provide substantial completion of the work by the date stated in the Calendar of Events contained in the

Project Manual and that failure to meet this provision will result in Owner applying provisions of liquidated damages in accordance with the Contract Documents.

Base Bid: The undersigned agrees to perform Work as described in Contract Documents for this lump sum price: Dollars ($ )

Date Contractor

By Title

Address Telephone

Surety

(Seal if Corporation)

License No.


Exhibit B BID FORM- Schedule of Values

A B C

Ite

No

Work Category

Description

Scheduled Value

1. Playground Equipment $

2. Remove sand $

3. Install wood fiber $

4. Shade canopy $

5. Surface basketball courts $

6. Paint 4-square courts $

7. Purchase and Install backboard and rim

for basketball courts

$

8. Purchase and install drinking fountain $

9. Purchase and install security cameras $

10. Bonds $

11. Permits $

12. Overhead and Profit $

13. Tax $

14. Other $

15. Other $

16. Add Alternate: Install two pole mounted

security cameras

$

17. Intentionally left blank Intentionally left blank



Total $


Exhibit C-1

Section 3 Clause TITLE 24: Housing and Urban Development Part 135 – Economic Opportunities for Low and Very Low Income Persons Subpart B – Economic Opportunities for Section 3 Residents and Section 3 Business Concerns. § 138.38 All Section 3 covered contracts shall include the following clause (referred to as the Section 3 clause) (1) The work to be performed under this contract is subject to the requirements of section 3 of the

Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing.

(2) 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.

(3) 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 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.

(4) 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.

(5) 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.

(6) 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. (7) With respect to work performed in connection with section 3 covered Indian housing assistance,

section 7(b) of the Indian Self-Determination and Education Assistance Act(25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b).


Exhibit C-2 Notice of Section 3 Covered Activity

Regulation 24 CFR Part 135 refers to Section 3, 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. Firms submitting proposals are strongly encouraged to utilize Section 3 certified residents and business concerns however non-utilization Section 3 related components does not negate their proposal from competing.

Preference to Section 3 Bidders Required Section 3 documentation includes but is not limited to STATEMENT OF WORKFORCE NEEDS WORKSHEET, CERTIFICATION FOR BUSINESS CONCERNS SEEKING SECTION 3 PREFERENCE IN CONTRACTING & DEMONSTRATION OF CAPABILITY, SECTION EMPLOYEE CERTIFICATION.

Additional Assistance for Completing Section 3 documentation Statement of Workforce Needs Worksheet The Workforce Needs Statement Worksheet records the following: 1) number of employees needed for each position on the job – how many people do you need for the job 2) number employees currently filling each position – how many people are already working for you 3) estimated number of 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. � Reminder when qualified Section 3 residents are available to hire for a position it is strongly encouraged to select that candidate.

Section 3 Business Concerns Certification Business owner(s) who identify that they, their employees, or sub-contractors qualify as a Section 3 resident/business concerns are strongly encouraged to submit the required paperwork to become a certified Section 3 Business Concern. � Section 3 Business Concerns may be given preference when bidding on HUD funded projects through the City of Phoenix and their sub-recipients.

� Business Concern through Ownership: Is the business owned (51% or more) by individuals whose household incomes are NO GREATER THAN 80% of Area Median Income?

� Business Concern through Employees: Do 30% (or more) of your full time, permanent employees have household incomes that are NO GREATER THAN 80% of Area Median Income?

� Business Concern through Contracts: 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?

If you answered YES to any of the questions above, please provide the required supporting documentation, you have an opportunity to become certified as a Section 3 business. Section 3 Resident Self-Certification form As stated this is self-certification. Documentation is not necessary at this time but they must be present to officials if requested. � Make sure the employee completes the name, address, gender, phone number. and race/ethnic group � Select the Family Size and Household Income � Mark the form how you will prove the Household Income and Family Size � Read and agree to the Certification and Agreement statement and sign � Remember, the employee is basing their answer on their Household income, everyone living in the household at the time.


Exhibit C-3

Contractor/Subcontractor Information: Company Name: Owner Name: Address: Phone: Email:

TYPE OF BUSINESS: Corporation Partnership Sole Proprietorship

Estimated Project Workforce Breakdown

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. __________________________________ ____________ Signature: Date:

Neighborhood Services Department SECTION 3 STATEMENT OF WORKFORCE NEEDS


Company Name: Address: Phone: Current Federally Funded Project being bid: E-Mail Address: Business License Type(s): Business License Number (s):

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 Project Manager.

1. Is the business owned (51% or more) by individuals whose household incomes are NO GREATER THAN 80% of Area Median Income? (Please see Income Limits below) 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 Evidence of Public Assistance

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 Income Limits below) Yes No

If yes, the business is considered a Section 3 Business Concern. Please provide the following: List of all current Full Time employees Self-Certification Income Forms for all employees earning less than 80% of median income

3. The business can provide evidence of a firm commitment to subcontract a minimum of 25% of the total dollar amount of contracts to a business that meets the criteria listed in (1) and/or (2). 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)

2016 Income Limits - Maricopa County, Arizona

2016 Income Limits

1 Person

2 Person

Household

3 Person

Household

4 Person

Household

5 Person

Household

6 Person

Household

7 Person

Household

8 Person

Household

80% of Median

35,250

40,250

45,300

50,300

54,350

58,350

62,400

66,400

Exhibit C-4 Neighborhood Services Department

CERTIFICATION FOR BUSINESS CONCERNS BIDDING SECTION 3 PROJECT


Exhibit D REFERENCES

Reference #1 Client Name

Address

Phone

Email

Project Description, Cost and if federally funded


Address

Phone

Email



Address

Phone

Email



Exhibit E

General Decision Number: AZ160032 02/26/2016 AZ32 Superseded General Decision Number: AZ20150032 State: Arizona Construction Type: Building County: Maricopa County in Arizona. BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories). Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.15 for calendar year 2016 applies to all contracts subject to the Davis-Bacon Act for which the solicitation was issued on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.15 (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2016. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/08/2016 1 01/15/2016 2 01/22/2016 3 02/26/2016 ASBE0073-002 08/01/2015 Rates Fringes ASBESTOS WORKER/HEAT & FROST INSULATOR........................$ 38.61 13.07 ---------------------------------------------------------------- BOIL0627-001 01/01/2013 Rates Fringes BOILERMAKER......................$ 32.51 26.16 ---------------------------------------------------------------- BRAZ0003-009 01/01/2016 Rates Fringes BRICKLAYER.......................$ 24.60 6.43 ZONE PAY:


(Radius miles from the intersection of Central Ave. and Washington St., Phoenix, AZ) Zone A: 0-60 miles- Base Rate Zone B: 61-75 miles- Base Rate plus $2.00 per hour Zone C: 75-100 miles- Base Rate plus $3.00 per hour Zone D: 101-200 miles- Base Rate plus $3.50 per hour Zone E: Over 200 miles- Base Rate plus $6.50 per hour ---------------------------------------------------------------- CARP0408-009 09/30/2013 Rates Fringes CARPENTER (Excludes Acoustical Ceiling Installation, Drywall Finishing/Taping, Drywall Hanging, Form Work, and Metal Stud Installation)...............$ 23.75 9.24 ---------------------------------------------------------------- CARP1327-001 01/01/2014 Rates Fringes CARPENTER (Drywall Hanging Only)............................$ 19.75 6.46 ---------------------------------------------------------------- ELEC0640-005 07/01/2015 Rates Fringes ELECTRICIAN (Includes Low Voltage Wiring; Excludes Installation of Alarms and Sound and Communication Systems).........................$ 27.00 9.53 ---------------------------------------------------------------- ENGI0428-012 06/01/2015 Rates Fringes POWER EQUIPMENT OPERATOR (1) Oiler...................$ 22.09 9.55 (2) Crane under 15 tons.....$ 25.36 9.55 (3) Crane,15 tons to 100 tons, Tower Crane...........$ 26.44 9.55 (4) Crane, 100 tons and over........................$ 27.47 9.55 ---------------------------------------------------------------- IRON0075-011 08/01/2015


Rates Fringes IRONWORKER, STRUCTURAL AND ORNAMENTAL.......................$ 26.00 21.77 Zone 1: 0 to 50 miles from City Hall in Phoenix or Tucson Zone 2: 050 to 100 miles - Add $4.00 Zone 3: 100 to 150 miles - Add $5.00 Zone 4: 150 miles & over - Add $6.50 ---------------------------------------------------------------- LABO0383-005 11/01/2013 Rates Fringes LABORER (MASON TENDER-BRICK).....$ 18.63 4.35 ---------------------------------------------------------------- PAIN0086-006 04/01/2013 Rates Fringes DRYWALL FINISHER/TAPER ZONE A......................$ 19.00 5.03 ZONE B......................$ 22.50 5.03 ZONE PAY: ZONE A: Free Zone: A distance of 0 to 100 miles from the old Phoenix courthouse. ZONE B: A distance of 101 miles and over from the old Phoenix courthouse: $3.50 per hour over ZONE A ---------------------------------------------------------------- PLAS0394-001 07/01/2014 Rates Fringes CEMENT MASON/CONCRETE FINISHER...$ 22.84 8.57 ---------------------------------------------------------------- * PLUM0469-002 07/01/2015 Rates Fringes PLUMBER/PIPEFITTER Cononino, Maricopa, and Yuma........................$ 36.45 18.45 Pima........................$ 33.95 18.45 ---------------------------------------------------------------- * SFAZ0669-001 01/01/2016


Rates Fringes SPRINKLER FITTER (Fire Sprinklers)......................$ 31.33 19.47 ---------------------------------------------------------------- SHEE0359-002 07/01/2015 Rates Fringes SHEET METAL WORKER: (HVAC Duct Installation Only) Zone 1......................$ 31.40 17.84 ---------------------------------------------------------------- SUAZ2012-020 05/30/2012 Rates Fringes ACOUSTICAL CEILING MECHANIC......$ 21.14 3.14 CARPENTER (Form Work Only).......$ 19.67 5.45 CARPENTER (Metal Stud Installation)....................$ 16.23 0.00 CAULKER..........................$ 16.01 0.00 ELECTRICIAN (Alarm Installation)....................$ 18.31 4.68 ELECTRICIAN (Installation of Sound and Communication Systems).........................$ 17.20 2.87 FIREPROOFER......................$ 15.00 0.00 GLAZIER..........................$ 18.67 1.44 INSTALLER - SIGN.................$ 19.16 3.58 INSULATOR - BATT.................$ 11.96 3.06 IRONWORKER, REINFORCING..........$ 14.92 0.00 LABORER: Asphalt Raker..........$ 15.18 1.30 LABORER: Common or General......$ 13.80 2.24 LABORER: Concrete Saw (Hand Held/Walk Behind)................$ 21.00 7.37


LABORER: Fence Erection.........$ 19.73 0.00 LABORER: Landscape & Irrigation.......................$ 11.33 0.43 LABORER: Mason Tender - Cement/Concrete..................$ 15.24 3.90 LABORER: Pipelayer..............$ 15.10 0.85 LABORER: Plaster Tender.........$ 12.00 0.00 LABORER: Power Tool Operator....$ 14.85 4.20 LATHER...........................$ 16.15 0.00 MASON - STONE....................$ 18.48 0.82 MILLWRIGHT.......................$ 20.00 2.87 OPERATOR: Backhoe/Excavator/Trackhoe.......$ 19.20 2.47 OPERATOR: Bulldozer.............$ 21.12 6.14 OPERATOR: Drill Rig Caissons....$ 19.06 2.39 OPERATOR: Drill.................$ 19.16 0.00 OPERATOR: Forklift..............$ 17.36 0.00 OPERATOR: Grader/Blade..........$ 21.00 7.07 OPERATOR: Loader (Front End)....$ 18.55 0.95 OPERATOR: Paver (Asphalt, Aggregate, and Concrete).........$ 21.09 3.96 OPERATOR: Roller................$ 25.00 0.00 OPERATOR: Scraper...............$ 21.41 0.00 OPERATOR: Screed................$ 22.17 4.42 OPERATOR: Trencher..............$ 15.01 0.58 PAINTER: Brush, Roller, Spray and Steel..................$ 16.53 2.63 PLASTERER........................$ 16.71 0.00


ROOFER, Includes Waterproofing, and Installation of Metal Roofs......$ 16.71 1.67 SHEET METAL WORKER, Excludes HVAC Duct Installation...........$ 18.85 2.79 TERRAZZO WORKER/SETTER...........$ 21.13 0.00 TILE FINISHER....................$ 12.50 0.00 TILE SETTER......................$ 15.00 0.00 TRUCK DRIVER: Dump Trucks.......$ 15.55 1.42 TRUCK DRIVER: Pickup Truck......$ 11.00 0.87 TRUCK DRIVER: Water Truck.......$ 17.72 4.21 TRUCKDRIVER: 3 and 4 Axle.......$ 19.29 1.36 ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ================================================================ Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). ---------------------------------------------------------------- The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers


Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. ---------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request


review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. ================================================================ END OF GENERAL DECISION


Federal Labor Standards Provisions U.S. Department of Housing and Urban Development

Office of Labor Relations

Applicability

The Project or Program to which the construction work covered by this contract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. A. 1. (i) Minimum Wages. All laborers and mechanics employed or working upon the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section l(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer’s payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR 5.5(a)(1)(ii) and the Davis-Bacon poster (WH1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible, place where it can be easily seen by the workers.

(ii) (a) 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 and fringe benefits therefor only when the following criteria have been met: (1) The work to be performed by the classification

requested is not performed by a classification in the wage

determination; and

(2) The classification is utilized in the area by the

construction industry; and

(3) The proposed wage rate, including any bona fide

fringe benefits, bears a reasonable relationship to the wage

rates contained in the wage determination.

(b) If the contractor and the laborers and mechanics to

be employed in the classification (if known), or their

representatives, and HUD or its designee agree on the

classification and wage rate (including the amount

designated for fringe benefits where appropriate), a report

of the action taken shall be sent by HUD or its designee to

the Administrator of the Wage and Hour Division,

Employment Standards Administration, U.S. Department of

Labor, Washington, D.C. 20210. The Administrator, or an

authorized representative, will approve, modify, or

disapprove every additional classification action within 30

days of receipt and so advise HUD or its designee or will

notify HUD or its designee within the 30-day period that

additional time is necessary. (Approved by the Office of

Management and Budget under OMB control number 12150140.) (c) In the event the contractor, the laborers or

mechanics to be employed in the classification or their

representatives, and HUD or its designee do not agree on

the proposed classification and wage rate (including the

amount designated for fringe benefits, where appropriate),

HUD or its designee shall refer the questions, including the

views of all interested parties and the recommendation of

HUD or its designee, to the Administrator for determination.

The Administrator, or an authorized representative, will


issue a determination within 30 days of receipt and so

advise HUD or its designee or will notify HUD or its

designee within the 30-day period that additional time is

necessary. (Approved by the Office of Management and

Budget under OMB Control Number 1215-0140.)

(d) The wage rate (including fringe benefits where

appropriate) determined pursuant to subparagraphs

(1)(ii)(b) or (c) of this paragraph, shall be paid to all workers

performing work in the classification under this contract

from the first day on which work is performed in the

classification.

(iii) Whenever the minimum wage rate prescribed in

the contract for a class of laborers or mechanics includes a

fringe benefit which is not expressed as an hourly rate, the

contractor shall either pay the benefit as stated in the wage

determination or shall pay another bona fide fringe benefit

or an hourly cash equivalent thereof.

(iv) the contractor does not make payments to a trustee

or other third person, the contractor may consider as part of

the wages of any laborer or mechanic the amount of any

costs reasonably anticipated in providing bona fide fringe

benefits under a plan or program, Provided, That the

Secretary of Labor has found, upon the written request of

the contractor, that the applicable standards of the

DavisBacon Act have been met. The Secretary of Labor

may require the contractor to set aside in a separate

account assets for the meeting of obligations under the plan

or program. (Approved by the Office of Management and

Budget under OMB Control Number 1215-0140.)

2. Withholding. HUD or its designee shall upon its

own action or upon written request of an authorized

representative of the Department of Labor withhold or

cause to be withheld from the contractor under this contract

or any other Federal contract with the same prime

contractor, or any other Federally-assisted contract subject

to Davis-Bacon prevailing wage requirements, which is held

by the same prime contractor so much of the accrued

payments or advances as may be considered necessary to

pay laborers and mechanics, including apprentices,

trainees and helpers, employed by the contractor or any

subcontractor the full amount of wages required by the

contract In the event of failure to pay any laborer or

mechanic, including any apprentice, trainee or helper,

employed or working on the site of the work, all or part of

the wages required by the contract, HUD or its designee

may, after written notice to the contractor, sponsor,

applicant, or owner, take such action as may be necessary

to cause the suspension of any further payment, advance,

or guarantee of funds until such violations have ceased.

HUD or its designee may, after written notice to the

contractor, disburse such amounts withheld for and on

account of the contractor or subcontractor to the respective

employees to whom they are due. The Comptroller

General shall make such disbursements in the case of

direct Davis-Bacon Act contracts.

3. (i) Payrolls and basic records. Payrolls and

basic records relating thereto shall be maintained by the

contractor during the course of the work preserved for a

period of three years thereafter for all laborers and

mechanics working at the site of the work. Such records

shall contain the name, address, and social security

number of each such worker, his or her correct

classification, hourly rates of wages paid (including rates of

contributions or costs anticipated for bona fide fringe

benefits or cash equivalents thereof of the types described

in Section l(b)(2)(B) of the Davis-bacon Act), daily and

weekly number of hours worked, deductions made and

actual wages paid. Whenever the Secretary of Labor has

found under 29 CFR 5.5 (a)(1)(iv) that the wages of any

laborer or mechanic include the amount of any costs

reasonably anticipated in providing benefits under a plan or

program described in Section l(b)(2)(B) of the DavisBacon

Act, the contractor shall maintain records which show that

the commitment to provide such benefits is enforceable,

that the plan or program is financially responsible, and that

the plan or program has been communicated in writing to

the laborers or mechanics affected, and records which

show the costs anticipated or the actual cost incurred in

providing such benefits. Contractors employing

apprentices or trainees under approved programs shall

maintain written evidence of the registration of

apprenticeship programs and certification of trainee

programs, the registration of the apprentices and trainees,


and the ratios and wage rates prescribed in the applicable

programs. (Approved by the Office of Management and

Budget under OMB Control Numbers 1215-0140 and 1215-

0017.)

(ii) (a) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i) except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee’s social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for transmission to HUD or its designee, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this subparagraph for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to HUD or its designee. (Approved by the Office of Management and Budget under OMB Control Number 1215-0149.) (b) Each payroll submitted shall be accompanied by a “Statement of Compliance,” signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the

information required to be provided under 29 CFR 5.5

(a)(3)(ii), the appropriate information is being maintained

under 29 CFR 5.5(a)(3)(i), and that such information is

correct and complete;

(2) That each laborer or mechanic (including each

helper, apprentice, and trainee) employed on the contract

during the payroll period has been paid the full weekly

wages earned, without rebate, either directly or indirectly,

and that no deductions have been made either directly or

indirectly from the full wages earned, other than permissible

deductions as set forth in 29 CFR Part 3;

(3) That each laborer or mechanic has been paid not

less than the applicable wage rates and fringe benefits or

cash equivalents for the classification of work performed, as

specified in the applicable wage determination incorporated

into the contract.

(c) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the “Statement of Compliance” required by subparagraph A.3.(ii)(b). (d) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under subparagraph A.3.(i) available for inspection, copying, or transcription by authorized representatives of HUD or its designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to the contractor, sponsor, applicant or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4. Apprentices and Trainees.

(i) Apprentices. Apprentices will be permitted to

work at less than the predetermined rate for the work they

performed when they are employed pursuant to and

individually registered in a bona fide apprenticeship

program registered with the U.S. Department of Labor,

Employment and Training Administration, Office of

Apprenticeship Training, Employer and Labor Services, or

with a State Apprenticeship Agency recognized by the


Office, or if a person is employed in his or her first 90 days

of probationary employment as an apprentice in such an

apprenticeship program, who is not individually registered

in the program, but who has been certified by the Office of

Apprenticeship Training, Employer and Labor Services or a

State Apprenticeship Agency (where appropriate) to be

eligible for probationary employment as an apprentice. The

allowable ratio of apprentices to journeymen on the job site

in any craft classification shall not be greater than the ratio

permitted to the contractor as to the entire work force under

the registered program. Any worker listed on a payroll at

an apprentice wage rate, who is not registered or otherwise

employed as stated above, shall be paid not less than the

applicable wage rate on the wage determination for the

classification of work actually performed. In addition, any

apprentice performing work on the job site in excess of the

ratio permitted under the registered program shall be paid

not less than the applicable wage rate on the wage

determination for the work actually performed. Where a

contractor is performing construction on a project in a

locality other than that in which its program is registered,

the ratios and wage rates (expressed in percentages of the

journeyman’s hourly rate) specified in the contractor’s or

subcontractor’s registered program shall be observed.

Every apprentice must be paid at not less than the rate

specified in the registered program for the apprentice’s

level of progress, expressed as a percentage of the

journeymen hourly rate specified in the applicable wage

determination. Apprentices shall be paid fringe benefits in

accordance with the provisions of the apprenticeship

program. If the apprenticeship program does not specify

fringe benefits, apprentices must be paid the full amount of

fringe benefits listed on the wage determination for the

applicable classification. If the Administrator determines

that a different practice prevails for the applicable

apprentice classification, fringes shall be paid in

accordance with that determination. In the event the Office

of Apprenticeship Training, Employer and Labor Services,

or a State Apprenticeship Agency recognized by the Office,

withdraws approval of an apprenticeship program, the

contractor will no longer be permitted to utilize apprentices

at less than the applicable predetermined rate for the work

performed until an acceptable program is approved.

(ii) Trainees. Except as provided in 29 CFR 5.16,

trainees will not be permitted to work at less than the

predetermined rate for the work performed unless they are

employed pursuant ‘,to and individually registered in a

program which has received prior approval, evidenced by

formal certification by the U.S. Department of Labor,

Employment and Training Administration. The ratio of

trainees to journeymen on the job site shall not be greater

than permitted under the plan approved by the Employment

and Training Administration. Every trainee must be paid at

not less than the rate specified in the approved program for

the trainee’s level of progress, expressed as a percentage

of the journeyman hourly rate specified in the applicable

wage determination. Trainees shall be paid fringe benefits

in accordance with the provisions of the trainee program. If

the trainee program does not mention fringe benefits,

trainees shall be paid the full amount of fringe benefits

listed on the wage determination unless the Administrator

of the Wage and Hour Division determines that there is an

apprenticeship program associated with the corresponding

journeyman wage rate on the wage determination which

provides for less than full fringe benefits for apprentices.

Any employee listed on the payroll at a trainee rate who is

not registered and participating in a training plan approved

by the Employment and Training Administration shall be

paid not less than the applicable wage rate on the wage

determination for the work actually performed. In addition,

any trainee performing work on the job site in excess of the

ratio permitted under the registered program shall be paid

not less than the applicable wage rate on the wage

determination for the work actually performed. In the event

the Employment and Training Administration withdraws

approval of a training program, the contractor will no longer

be permitted to utilize trainees at less than the applicable

predetermined rate for the work performed until an

acceptable program is approved.

(iii) Equal employment opportunity. The utilization of

apprentices, trainees and journeymen under 29 CFR Part 5

shall be in conformity with the equal employment


opportunity requirements of Executive Order 11246, as

amended, and 29 CFR Part 30.

5. Compliance with Copeland Act requirements.

The contractor shall comply with the requirements of 29

CFR Part 3 which are incorporated by reference in this

contract

6. Subcontracts. The contractor or subcontractor

will insert in any subcontracts the clauses contained in

subparagraphs 1 through 11 in this paragraph A and such

other clauses as HUD or its designee may by appropriate

instructions require, and a copy of the applicable

prevailing wage decision, and also a clause requiring the

subcontractors to include these clauses in any lower tier

subcontracts. The prime contractor shall be responsible

for the compliance by any subcontractor or lower tier

subcontractor with all the contract clauses in this

paragraph.

7. Contract termination; debarment. A breach of

the contract clauses in 29 CFR 5.5 may be grounds for

termination of the contract and for debarment as a

contractor and a subcontractor as provided in 29 CFR

5.12.

8. Compliance with Davis-Bacon and Related Act

Requirements. All rulings and interpretations of the

Davis-Bacon and Related Acts contained in 29 CFR Parts

1, 3, and 5 are herein incorporated by reference in this

contract

9. Disputes concerning labor standards.

Disputes arising out of the labor standards provisions of

this contract shall not be subject to the general disputes

clause of this contract. Such disputes shall be resolved in

accordance with the procedures of the Department of

Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes

within the meaning of this clause include disputes

between the contractor (or any of its subcontractors) and

HUD or its designee, the U.S. Department of Labor, or the

employees or their representatives.

10. (i) Certification of Eligibility. By entering into

this contract the contractor certifies that neither it (nor he

or she) nor any person or firm who has an interest in the

contractor’s firm is a person or firm ineligible to be

awarded Government contracts by virtue of Section 3(a)

of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be

awarded HUD contracts or participate in HUD programs

pursuant to 24 CFR Part 24.

(ii) No part of this contract shall be subcontracted to

any person or firm ineligible for award of a Government

contract by virtue of Section 3(a) of the Davis-Bacon Act or

29 CFR 5.12(a)(1) or to be awarded HUD contracts or

participate in HUD programs pursuant to 24 CFR Part 24.

(iii) The penalty for making false statements is

prescribed in the U.S. Criminal Code, 18 U.S.C. 1001.

Additionally, U.S. Criminal Code, Section 1 01 0, Title 18,

U.S.C., “Federal Housing Administration transactions”,

provides in part: “Whoever, for the purpose of . . .

influencing in any way the action of such Administration.....

makes, utters or publishes any statement knowing the

same to be false..... shall be fined not more than $5,000 or

imprisoned not more than two years, or both.”

11. Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic to whom the wage, salary, or other labor standards provisions of this Contract are applicable shall be discharged or in any other manner discriminated against by the Contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. B. Contract Work Hours and Safety Standards Act. The provisions of this paragraph B are applicable where the amount of the prime contract exceeds $100,000. As used in this paragraph, the terms “laborers” and “mechanics” include watchmen and guards. (1) Overtime requirements. No contractor or

subcontractor contracting for any part of the contract work

which may require or involve the employment of laborers or

mechanics shall require or permit any such laborer or

mechanic in any workweek in which the individual is

employed on such work to work in excess of 40 hours in

such workweek unless such laborer or mechanic receives

compensation at a rate not less than one and one-half

times the basic rate of pay for all hours worked in excess of

40 hours in such workweek.


(2) Violation; liability for unpaid wages; liquidated

damages. In the event of any violation of the clause set

forth in subparagraph (1) of this paragraph, the contractor

and any subcontractor responsible therefor shall be liable

for the unpaid wages. In addition, such contractor and

subcontractor shall be liable to the United States (in the

case of work done under contract for the District of

Columbia or a territory, to such District or to such territory),

for liquidated damages. Such liquidated damages shall be

computed with respect to each individual laborer or

mechanic, including watchmen and guards, employed in

violation of the clause set forth in subparagraph (1) of this

paragraph, 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 the clause set

forth in sub paragraph (1) of this paragraph.

(3) 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

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

other Federal contract with the same prime contract, 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 clause set forth in subparagraph (2) of this

paragraph.

(4) Subcontracts. The contractor or subcontractor

shall insert in any subcontracts the clauses set forth in

subparagraph (1) through (4) of this paragraph and also a

clause requiring the subcontractors to include these

clauses in any lower tier subcontracts. The prime

contractor shall be responsible for compliance by any

subcontractor or lower tier subcontractor with the clauses

set forth in subparagraphs (1) through (4) of this paragraph.

C. Health and Safety. The provisions of this paragraph C are applicable where the amount of the prime contract exceeds $100,000. (1) No laborer or mechanic shall be required to work in

surroundings or under working conditions which are

unsanitary, hazardous, or dangerous to his health and

safety as determined under construction safety and health

standards promulgated by the Secretary of Labor by

regulation.

(2) The Contractor shall comply with all regulations

issued by the Secretary of Labor pursuant to Title 29 Part

1926 and failure to comply may result in imposition of

sanctions pursuant to the Contract Work Hours and Safety

Standards Act, (Public Law 91-54, 83 Stat 96). 40 USC

3701 et seq.

(3) The contractor shall include the provisions of this

paragraph in every subcontract so that such provisions will

be binding on each subcontractor. The contractor shall

take such action with respect to any subcontractor as the

Secretary of Housing and Urban Development or the

Secretary of Labor shall direct as a means of enforcing

such provisions.


Exhibit F

City of Phoenix

AFFIDAVIT OF IDENTITY

Your completion of this form is required by Arizona state law. A.R.S. §§ 1-501 and -50 only if you are a sole proprietor. I, ________________________________________________(print full name exactly as on document), hereby affirm, upon penalty of perjury, that I presented the document marked below to the City of Phoenix, that I am lawfully present in the United States, and that I am the person stated on the document. (select one category only) �� Arizona driver license issued after 1996. Print first four numbers/letters from license: �� Arizona non-operating identification license. Print first four numbers/letters: �� Birth certificate or delayed birth certificate issued in any state, territory or possession of the U.S. Year of birth: ____________; Place of birth: _________________________________ �� United States Certificate of Birth Abroad.

Year of birth: ____________; Place of birth: _________________________________ �� United States Passport. Print first four numbers/letters on Passport: �� Foreign Passport with United States Visa. Print first four numbers/letters on Passport: Print first four numbers/letters on Visa: �� I-94 Form with a photograph. Print first four numbers on I-94: �� USCIS Employment Authorization Document (EAD).

Print first four numbers/letters on EAD:

or Perm. Resident Card (acceptable alternative): �� Refugee Travel Document. Date of issuance: _______________; Refugee country: _________________________ �� U.S. Certificate of Naturalization. Print first four digits of CIS Reg. No.: �� U.S. Certificate of Citizenship. Date of issuance: _______________; Place of issuance: _________________________ �� Tribal Certificate of Indian Blood. Date of issuance: _______________; Name of tribe: ___________________________ �� Tribal or Bureau of Indian Affairs Affidavit of Birth. Year of birth: ____________; Place of birth: _________________________________ Signed: _____________________________________ Dated: ____________________


Exhibit G SPECIAL CONDITIONS FOR SERVICE ACTIVITIES ASSISTED PURSUANT TO TITLE I OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED 1. Nondiscrimination A contractor may not, under any program or activity, directly or through contractual or other arrangements, on the

ground of race, color, religion, gender, national origin, age or disability: (1) Deny any facilities, services, financial aid or other benefits provided under the program or activity. (2) Subject to segregated or separate treatment in any facility in, or in any matter or process related to

receipt of any service or benefit under the program or activity. (3) Restrict in any way access to, or in the enjoyment of any advantages or privilege enjoyed by others in

connection with facilities, services, financial aid or other benefits under the program or activity. (4) Treat an individual differently from others in determining whether the individual satisfied any admission,

enrollment, eligibility, membership, or other requirement or condition which individuals must meet in order to be provided any facilities, service or other benefits provided under the program or activity.

(5) Deny an opportunity to participate in a program or activity as an employee. 2. Nondiscrimination Based on Disability No otherwise qualified individual with disabilities in the United States shall, solely by reason of his or her disability, be

excluded from the participation in, be denied the benefits of, or be subjected to discrimination in employment, services, housing, building and services accessibility or any other aspects of this program. The contractor shall comply with the provisions of Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), Section 109 of the Housing and Community Development Act of 1974, as amended (42 U.S.C. 5309) and the Americans with Disabilities Act of 1990.

3. Employment Opportunities for Business and Lower Income Persons-Section 3 (1) The work to be performed under this contract is subject to the requirements of section 3 of the

Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing.

(2) 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.

(3) 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 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.

(4) 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.

(5) 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.

(6) 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. (7) With respect to work performed in connection with section 3 covered Indian housing assistance,

section 7(b) of the Indian Self-Determination and Education Assistance Act(25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b).

4. Ineligible Subcontractors Contractors shall not use funds received pursuant to this contract to directly or indirectly employ, award, award

contracts to, or otherwise engage the services of, or fund any contractor or subrecipient during the period of debarment, suspension or placement on ineligibility status under the provisions of 24 CFR Part 24.

5. Access to Records The City, the U.S. Department of Housing and Urban Development, the Comptroller General of the United States, the

Government Accounting Office or any of their duly authorized representatives shall have access to any books, documents, papers and records of contractor which are pertinent to any activity performed under this contract for the purpose of making audit, examination, excerpts and transcriptions.

Contractor/consultants shall keep and maintain such books, documents, paper and records for a period of at lease

three years after all claims and audits arising out of this contract are fully settled and concluded. 6. Contracting with Minority, Women's and Disadvantaged Business Enterprises Pursuant to national policy to award a fair share of contracts to Minority, Women's and Disadvantaged business

enterprises, contractor shall take affirmative steps to assure that Minority, Women and Disadvantaged are utilized when possible as sources of supplies, equipment, construction and services. Such affirmative steps shall include the following:

(1) Include qualified Minority, Women's and Disadvantaged businesses on solicitation lists.


(2) Assure that Minority, Women's and Disadvantaged businesses are solicited whenever they are potential sources.

(3) When economically feasible, divide total requirements into small tasks or quantities so as to permit

maximum Minority, Women's and Disadvantaged business participation. (4) Where the requirement permits, establish delivery schedules which will encourage participation by

Minority, Women's and Disadvantaged businesses. (5) Use the services and assistance of the Small Business Administration, the Office of Minority

Business Enterprise of the Department of Commerce and the Community Services Administration as required.

(6) Comply with the applicable requirements of the Minority, Disadvantaged and Women Business Enterprise Policy Plan for the City of Phoenix.

(7) Include affirmative steps, one through six in any subcontract. 7. Anti-lobbying Certification

In all contracts in excess of $100,000 the contractor hereby certifies, to the best of his or her knowledge the belief, that:

(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the contractor, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employees of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement.

(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for

influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the Contractor shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.

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