1. business and industrial
2. construction

Town of Chino Valley
1982 Voss Dr. #203
Chino Valley, AZ 86323
CONTACT:
Ruth Mayday
Project Manager
Phone: 928-636-4427
Email: [email protected]
BID PACKET
CONTRACT DOCUMENTS,
& SPECIFICATIONS
OWNER OCCUPIED HOUSING REHABILITATION
PROGRAM
ADOH 303-15
BID DUE DATE:
THURSDAY, NOVEMBER 20, 2014 AT 3:30 PM ARIZONA MST
PROJECT MANAGER
Ruth Mayday
Development Services Director
Ph: 928-636-4427
Fax: 928-636-6937
CONTACT
Elyse DiMartino
Planning Assistant
Ph: 928-636-4427
Fax: 928-636-6937
BUILDING INSPECTOR
Jim Shinost
Ph: 928-636-4427
Fax: 928-636-6937
TABLE OF CONTENTS
Page Number
Section Name
3………………………….Notice of Invitation to Bid (Advertisement)
4………………………….Project Information
8………………………….BID SPECIFICATIONS: 13-13 & 14-02
Appendix
Document Title
A. ....................... Bid Documents (to be reproduced and submitted with each bid)
B. ....................... Contractor Information Packet (includes application)
C. ........................ Homeowner/Contractor Contract
2
NOTICE OF INVITATION TO BID
The Town of Chino Valley is seeking bids for the repair, rehabilitation, or replacement of single-family
housing units through the Owner Occupied Housing Rehabilitation Program (HOME Project 303-15). Work
consists primarily of the repair, rehabilitation or possible replacement of single-family site built,
manufactured, or mobile homes. The project will include, but is not limited to, the following: repair and
upgrade of electrical, plumbing, mechanical, insulation, lead based paint abatement and/or removal,
replacement of existing unit, and other related repairs for targeted residential units meeting all HUD
requirements and local building codes. Specifics of each project renovation will be provided at mandatory
pre-bid meeting, project walk-through, and contract documents.
Contract documents and bid specifications may be obtained at the Chino Valley Development Services
Department, (928) 636-4427.
A mandatory pre-bid conference will be held at 1:00 PM Arizona MST on Monday, November 10, 2014, in
the Town Council Chambers at Town Hall, 202 N. State Route 89, Chino Valley, Arizona. The pre-bid
meeting will include a walk-through of the project at the project site. Contractors are responsible for
providing all testing and access equipment.
SEALED BIDS will be accepted until 3:00 PM Arizona MST on Thursday, November 20, 2014 at the Office
of the Town Clerk, 202 N. State Route 89, Chino Valley, AZ 86323. Shortly thereafter, the bids will be
opened and read aloud in the Town Council Chambers at Town Hall, 202 N. State Route 89, Chino Valley,
Arizona. Bids received after the deadline will be returned unopened.
The contractor awarded the bid shall provide proof of Workman’s Compensation Insurance, Bodily Injury and
Property Damage Liability Insurance, and Automobile Bodily Injury and Property Damage Insurance, and a
completed Housing Rehabilitation Contractor/Subcontractor Certification form prior to signing contract. ALL
CONTRACTORS AWARDED BIDS MUST BE LICENSED TO DO BUSINESS WITHIN THE TOWN
OF CHINO VALLEY. COMPLIANCE WITH ALL FEDERAL CIVIL RIGHTS STATEMENTS AND
LAWS IS REQUIRED. DAVIS-BACON COMPLIANCE IS NOT REQUIRED.
The Town of Chino Valley reserves the right to accept or reject any and all bid proposals, or any part thereof,
to withhold the award, and waive any informalities deemed in the best interest of the Town.
Jami Lewis
Town Clerk
PUBLISH on four (4) consecutive days in the Prescott Daily Courier, Public Notices:
Sunday, November 2, 2014
Monday, November 3, 2014
Tuesday, November 4, 2014
Wednesday, November 5, 2014
3
PROJECT INFORMATION
1.
Project Name
OWNER OCCUPIED HOUSING REHABILITATION PROJECT ADOH 303-15.
2.
Scope of Work:
This work consists primarily of furnishing all necessary materials, labor, equipment, permits, and incidentals
required to repair, rehabilitate, or replace specified residential units.
3.
Submittal of Bid Proposal
The bid proposal is considered to be this ENTIRE BID PACKET, completed in full. The Bidder is to retain copies
for his/her own records.
The bid proposal (and bid proposal guarantee/bid bond, if required) shall be submitted in a sealed envelope. The
outside, lower right-hand corner of which shall be marked as follows:
Bid of _________________________________________________, Contractor, for OWNER OCCUPIED
HOUSING REHABILITATION PROGRAM ADOH 303-15, PROJECT GR 13-13 and 14-02,Town of Chino
Valley."
SEALED BIDS shall be mailed or hand-delivered to the location noted in the NOTICE OF INVITATION TO BID
(or as modified by addenda/um) and must be received before the time and date specified in the NOTICE OF
INVITATION TO BID (or as modified by addendum).
Shortly after the deadline, bids will be opened and read aloud. Bids received after the deadline will be returned,
unopened, to the bidder. The Town of Chino Valley reserves the right to accept or reject any and all bids, or any
part thereof, and waive any informalities deemed in the best interest of the Town.
Bids will be evaluated and awarded based on the total base bid (i.e. all base bid schedules), plus or minus any
alternate bid schedules (if any). The successful bidder will be determined by the Town Council at the regularlyscheduled Town Council meeting.
NOTE: Only one (1) set of bid documents (Bid cover sheet, signature page, acknowledgement page, Affidavit of
Non-Collusion) has been included in this packet. It is the responsibility of the bidder to reproduce all of the required
documents as needed for each submittal, and include the correct Project Number on each document where indicated.
Separate specifications for each project have been included in this packet. The Contractor Information Packet
included in Appendix A need only be submitted once; if you have bid on a previous project, you do NOT need to
resubmit the information, but you MUST submit surety bond and current insurance information with at least one bid
in each round.
4.
Bid Schedule
The repairs and items listed on the bid schedules are approximate. Actual repairs will be field-verified for payment.
The type and extent of repair/rehabilitation/replacement may be increased, decreased or deleted at the discretion of
the Town. Items of work not specifically set forth in the bid schedule are considered to be incidental to the work
and no additional compensation will be made. The unit prices shall be considered as full compensation. Therefore,
they must include all state and local taxes required.
4
5.
Applicable Standard Specifications and Details
This construction contract will be completed in accordance with the latest version of the 2006 IPMC, 2006 IRC,
2005 NEC, 2006 IBC, 2006 IPC, and 2006 IFGC as they are further modified as per the Town of Chino Valley
Standards and these Contract Documents, Specifications, and Special Provisions. These reference specifications and
details are hereby incorporated into this construction contract by this reference.
6.
Plans
A list of required property improvements is available at the Development Services Department and is included in
this bid packet.
7.
Permits
Contractor will be responsible for any and all permits necessary to perform work. Failure to obtain permits may
result in fines and/or recession of contract.
8.
Licenses
The Contractor and all Subcontractors shall have a valid Town of Chino Valley Business License and valid Arizona
Registrar of Contractors License for work required in this project; copies must be provided to The Town of Chino
Valley prior to issuance of notice to proceed. Contractors cannot be on the federal debarment list, and must comply
with all relevant civil rights statutes.
9.
Construction Schedule
The total construction duration shall be specific for each project, but in no case shall exceed ninety (90) days from
the date of the Notice to Proceed. The following schedule of project dates is anticipated:
A. Advertisement:
B.
C.
Sunday, November 2, 2014 and Sunday, November 9, 2014
Pre-Bid Meeting:
Town Council Chambers at Town Hall
202 N. State Route 89, Chino Valley
Monday, November 10, 2014
1:00 PM Arizona MST
Bid Submittal Deadline
Thursday, November 20, 2014
3:30 PM Arizona MST
D. Notice to Proceed (Construction Period Starts)
Monday, December 15, 2014
THIS SCHEDULE IS TENTATIVE AND SUBJECT TO CHANGE WITHOUT NOTICE.
THIS SCHEDULE IS PROVIDED FOR INFORMATION ONLY. CONTRACTORS SHALL
SUBMIT A CONSTRUCTION SCHEDULE WITH THEIR BID.
10. Liquidated Damages
Failure to complete on time shall subject the contract to liquidated damages as specified in the Homeowner and
Contractor Contract, attached hereto as Appendix C and made a part herewith.
11. Hours of Work
Per Section 131.02 of the Town of Chino Valley, AZ Code of Ordinances, work shall not begin prior to 7:00 AM,
nor shall it extend past 7:00 PM. In addition, work hours for this project shall be between 7:00 AM and 5:00 PM,
Monday through Friday, excluding holidays. Any request for changing the work hours shall be submitted to the
Project Manager for consideration.
5
Inspections are to be scheduled during regular working hours, 7:00 AM to 5:30 PM, Monday through Thursday,
excluding holidays, unless otherwise approved by the Project Manager.
12. Cooperation Between Contractors
The Contractor of this project shall initiate and establish a line of formal communication with all subcontractors and
provide contact information for each and every subcontractor to the Project Manager.
13. Work Site Safety
The Contractor is specifically responsible for, and by submission of his/her proposal and/or execution of a contract
for this project accepts full and complete responsibility for, work site safety for this project. It is recognized that
neither the Homeowner nor the Town of Chino Valley or their representatives have control of or responsibility for
work site safety.
14. Contractor Representative
The Contractor shall be represented at all times during the work. Neither the Homeowner nor representatives of the
Town will deal directly with subcontractors. Instructions and information given by Inspectors or the Project
Manager to the Contractor's foreman or other on-site representative shall be considered as given to the Contractor.
15. Pre-Construction and Progress Meetings
A Pre-Construction Meeting shall be scheduled prior to start of construction. The Project Manager (Town),
Homeowner, and Contractor shall be present. The sequence of work will be discussed and will be mutually agreed
upon to insure that the work is accomplished and completed within the time specified and to allow for inspection
and operations flexibility by the Town. A schedule of work, list of sub-contractors, and a list of contacts including
emergency numbers are required and will be established at the Pre-Construction Meeting and maintained throughout
the project.
Progress meetings with the Contractor, Project Manager, Inspectors, and other interested parties will be held
throughout the life of the contract. The day, time and location of these meetings will be established, by mutual
agreement, prior to the beginning of construction. The purposes of these meetings are to establish and maintain
lines of communication, report on progress, discuss and resolve problem areas, and such other matters as related to
the project. At each meeting the Contractor shall submit, by bar chart or other approved method, a schedule of the
types and locations of work expected to be performed over the ensuing two (2) weeks.
16. Pre-Project Video Record
The contractor shall thoroughly video record the subject property in its entirety, prior to start of construction, and
prior to any staging and/or delivery of materials & equipment. The Contractor shall also provide a copy of the
recording on disk to the Homeowner and The Town of Chino Valley. The format of the recording shall be approved
by the Owner and the Town.
17. Property to Be Used
The Contractor shall limit operations and equipment to subject property and easements designated by the
Homeowner or obtained by the Contractor and approved by the Project Manager for this project. Disturbances or
damages to other areas shall be restored to pre-construction condition or better, at the Contractor’s expense.
18. Sanitary Facilities
The Contractor shall provide and maintain adequate sanitary facilities for his/her construction forces on the job site
throughout the duration of the project.
19. Residential Access
The contractor shall coordinate with and provide access to all residences during the construction period.
6
20. Quality Control
A representative from the Development Services Department of The Town of Chino Valley other than the Project
Manager will be assigned to each individual project to perform periodic Quality Control inspections throughout the
duration of the project. Each construction draw requested by the Contractor shall first be approved by the Quality
Control Inspector prior to payment by the Town. Any and all disputes related to construction quality deficiencies
shall be reviewed, with the final decision regarding appeal made by the Development Services Director.
21. Protection of Existing Utilities and Property and Project Site
Contractor shall be held responsible for any damage to existing utilities and property, both public and private, due to
Contractor’s work. Contractor shall repair or replace any such damaged utilities and property according to the
requirements of the Engineer at no additional cost to the Town. The Contractor shall be responsible for maintaining
and protecting the construction area and shall adequately protect the public, in and around the construction area.
Contractor shall conduct the work to ensure the least possible inconvenience to the general public and adequate
protection of persons and property in the work vicinity. If hazardous condition is observed and the Town notifies
the Contractor either directly or by telephone, the Contractor shall correct the situation immediately.
22. Bluestake
The Contractor is responsible for: 1.) securing all necessary Bluestake services for the project, and 2.) field
verification of all underground utilities prior to commencement of construction.
23. Project Generated Excess
The Contractor is responsible for: 1.) the removal, transport, permitting, disposal, etc. of any excess vegetation,
spoils, materials, debris, etc. generated by the project and 2.) any associated costs.
24. Excavation and Spoils
The Contractor is responsible for ensuring that trenches, holes, depressions, etc. are not left exposed at the end of a
work shift. Traffic plates, or other security measures, must be utilized to ensure safe passage over or around all
cavities. Spoils must also be cleared from roadways, pathways, open ground, etc. at the end of a work shift if they
inhibit conveyance or if safety within the project limits would be compromised. Excavation and spoil services shall
be considered incidental and shall be included in the unit price for construction of the appropriate contract pay items.
25. Potholing
The Contractor is responsible for all potholing issues including costs for exposure of public and private
infrastructure to ensure locations, sizes, fittings depth, alignment, etc.
26. Asbestos
Upon discovery of any asbestos materials, a mitigation plan shall be submitted to and approved by the Project
Manager prior to proceeding with the project.
7
Town of Chino Valley
HOUSING REHABILITATION PROGRAM
1982 Voss Dr.
Chino Valley, AZ 86323
Appendix A
BID DOCUMENTS
8
BID PROPOSAL
OWNER OCCUPIED HOUSING REHABILITAITON PROGRAM ADOH 303-15
PROJECT _________
Town of Chino Valley
Development Services Department
1982 Voss Dr.
Chino Valley, AZ 86323
Date: ___________
Town Clerk
TOWN OF CHINO VALLEY
202 N. State Route 89
CHINO VALLEY AZ 86323
Ladies/Gentlemen:
In compliance with your invitation for bids and all conditions of the Contract Documents, the
undersigned, _______________________________________________________, a corporation
organized under the laws of the State of __________________________, a partnership consisting of
________________________________________________
or
individual
trading
as
___________________________________________________ of the Town of Chino Valley,
hereby proposes and agrees to furnish any and all plans, materials, labor, construction equipment,
services, transportation, TAXES, AND PERMITS required for performing all work for the
construction of the OWNER OCCUPIED HOUSING PROGRAM, PROJECT ____________and
to construct the same and install the material therein for the Homeowner in a good and workmanlike
and substantial manner and to the satisfaction of the Homeowner, and strictly pursuant to, and in
conformity with, the Specifications prepared by the Town of Chino Valley for the Homeowner at the
following unit price rates: (Attach project specific bid specifications here)
9
10
BASE BID PROJECT _______
The undersigned here by proposes and agrees to furnish and all required labor, materials, transportation and
services for the Town of Chino Valley Owner Occupied Rehabilitation Program and hereby declares that he
or she has visited the site and examined the contract documents relating to the work covered by the above bid.
The project shall be completed within sixty (60) calendar days after the starting date set forth in the Notice to
Proceed.
I did receive the Amended Bid Specifications:
Yes
No
The under signed states that he or she is the owner or authorized representative of the below stated contractor
or firm.
Signature: ________________________________________________________________________
Printed or Typed Name: _____________________________________Date: ______________
Representing Co: _____________________________________________________________
FEIN ID #: ____________________________________
Phone: ______________________________________FAX:____________________________
Contractors License # __________________________Type:____________________________
Mailing Address: ______________________________________________________________
Note #1 – The Contractor will show his bid in figures. If there is a discrepancy, the higher amount shall be
considered the correct bid. Bids are to be offered in whole dollars. Any bids 49 cents or less will be rounded
down; 50 cents or greater will be rounded up.
Note #2 – All items include demolition/removal or from the site and site clean-up. All items include any labor
activities and incidental materials (listed or unlisted) necessary for a “good/finished/professional” completion.
All materials used/installed will be new, unless previously agreed upon by the owner and the project manager.
All activities will meet local, existing code requirements. Quality of Workmanship is determined by the
Registrar of Contractors.
11
BASE BID PROJECT _______
Total Base Bid _____ = $
(use numbers)
$
DOLLARS (use words)
Receipt of Addenda Acknowledgment
Addendum No.
Date of Acknowledgment
Initials
Town Use Only:
Date: _______________
-ACKNOWLEDGEMENT OF RECEIPT-
Town Clerk:
Witness:
______
12
BASE BID PROJECT __________
AFFIDAVIT OF NON-COLLUSION
STATE OF
County of
)
)§
)
, being first duly sworn, deposes and says: THAT he/she is
of (TITLE)
(INSERT NAME OF BIDDER)
who submits herewith to the TOWN OF CHINO VALLEY, a bid proposal called OWNER
OCCUPIED HOUSING REHABILITIATION ADOH 303-15 PROJECT
THAT all statements of fact in such proposal are true;
THAT said proposal was not made in the interest of, or on behalf of, any undisclosed person,
partnership, company, association, organization, or corporation;
THAT said bid proposal is genuine and not collusive or a sham;
THAT said bidder has not, directly or indirectly by agreement, communication or conference with
anyone, attempted to induce action prejudicial to the interest of the TOWN OF CHINO VALLEY or
of any bidder or anyone else interested in the proposed Contract; and further,
THAT prior to the public opening and reading of proposal, said bidder:
1. did not directly or indirectly induce or solicit anyone else to submit a false or sham bid proposal;
2. did not directly or indirectly collude, conspire, connive or agree with anyone else that said bidder
or anyone else would submit a false or sham proposal, or that anyone should refrain from
bidding or withdraw his/her proposal;
3. did not, in any manner, directly or indirectly seek, by agreement, communication or conference
with anyone, to raise or fix the proposal price of said bidder or of anyone else, or to raise or fix
any overhead, profit, or cost element of his proposal price or of that of anyone else;
13
4. did not directly or indirectly submit his proposed price or any breakdown thereof, or the contents
thereof, or divulge information or data relative thereto to any corporation, partnership, company,
association, organization, bid depository, or to any member or agent thereof, or to any individual
or group of individuals, except the TOWN OF CHINO VALLEY, or to any person or persons
who have a partnership or other financial interests with said bidder in his/her business.
BY: _____________________________________
STATE OF ARIZONA
County of
)
)§
)
The foregoing instrument was subscribed and sworn to before me this ________________ day of
___________________________________, 2014.
_______________________________________
NOTARY PUBLIC
My Commission Expires: ____________________
14
APPENDIX B:
CONTRACTOR INFORMATION PACKET
(INCLUDING APPLICATION)
15
Development Services Department
1982 Voss Drive
Chino Valley, AZ 86323
Phone: (928) 636-4427
Fax: (928) 636-6937
Dear Contractor:
Thank you for contacting The Town of Chino Valley regarding participation in the Owner Occupied
Housing Rehabilitation program. As you know, the Town has received a HOME & HTF Grant
award from the Arizona Department of Housing for the purpose of rehabilitating approximately ten
(10) low to moderate income owner occupied housing within The Town of Chino Valley.
Enclosed please find a Contractor Information Form and a Contractor Certification Form. You will
be required to submit these forms along with proof of insurance as part of your bid submittal. The
Town will utilize its procurement procedure in advertising for bids; the schedule for bid submittal
and opening will follow the general schedule of publication on two (2) consecutive Sundays, pre-bid
conference on the Monday prior to the bid opening, and bid openings on Mondays at 3:30 pm.
HOME & HTF Funds are federal Housing and Urban Development (HUD) funds and are subject to
federal statutes. Under the current rulings, DAVIS BACON wages are NOT required for this
work. You will find a Civil Rights Statement enclosed with the relevant citations of federal statutes.
Please familiarize yourself with this statement as compliance with these statutes is required. Finally,
a copy of the Town’s Grievance Procedure for this program is included for your convenient review.
Minority/Women/Disadvantaged owned businesses are encouraged to participate in this program.
The Town of Chino Valley and Northern Arizona Council of Governments are Affirmative Action
and Equal Opportunity Employers and provide for Fair Housing.
Should you require any further information, please feel free to contact the Development Services
Department at 928-636-4427.
16
Development Services Department
1982 Voss Drive
Chino Valley, AZ 86323
Phone: (928) 636-4427
Fax: (928) 636-6937
OWNER OCCUPIED HOUSING REHABILITATION PROGRAM
CONTRACTOR INFORMATION
Firm Name: _______________________________________________________
Contact Person: ____________________________________________________
Mailing Address: ___________________________________________________
Phone: _________________________ Email:____________________________
Best Time of Day to Contact Me: ______________________________________
Arizona Contractor’s License Number and Type: __________________________
Under What Name is the License Held: __________________________________
Town of Chino Valley Business License number: _________________________
Contractor generally needs _________________days lead time to start work.
Contractor is willing to work within a _______mile radius of the above address.
Contractor is experienced in housing repair?
Y
N
How long has the Contractor been in business under the same name? ____________
Contractor Employee Identification Number: _______________________________
Contractor is willing to warranty work for two years after completion?
List the name(s), titles, and address(es) of owners, partners, or officers:
17
Yes
No
List the name(s) and address(es) of others with a substantial interest in the firm:
List the name(s) and address(es) of other building construction trades in which there is activity or a
substantial interest.
Are you on the Federal Debarment list?
Yes____ No____
Please attach proof of the following insurance policies:
___X___
Workman’s Compensation
___X__
Bodily Injury and Property Damage Liability
___X__
Automobile Bodily Injury and Property Damage
Please provide three references regarding the quality and timeliness of completion:
1.
2.
3.
18
GRANTEE: _____TOWN OF CHINO VALLEY_____CONTRACT #_____303-15_____
TOWN OF CHINO VALLEY
HOUSING REHABILITATION CONTRACTOR/SUBCONTRACTOR CERTIFICATION
I, the undersigned, am submitting a bid in conjunction with a housing rehabilitation project funded from the above cited CDBG
contract – Check one of the following and complete:
Prime Contractor: _
___________________
__________
Subcontractor:______________________________
____________
___________________
________
I, the undersigned have submitted a bid to or executed a contract with:
(Contractor or Subcontractor):_
___________________
for (name of project): _
__________
______
_______________________________________
for (nature of work): _
_____________________________
in the amount of $
________________________
I hereby certify that:
1.
a. Neither I nor any firm, partnership or association in which I have a substantial interest is, to the best of my knowledge, designated as an
ineligible contractor by the Comptroller General of the United States pursuant to Section 5.6(b) of the Regulations of the Secretary of Labor,
part 5 (29CFR, part 5) or pursuant to Section 3(a) of the Davis-Bacon Act as amended (40 U.S.C. 276a-2(a)).
b. No part of the aforementioned contract is or will be subcontracted to any subcontractor, if such subcontractor or firm, corporation,
partnership or association in which such subcontractor has a substantial interest is to the best of my knowledge, designated as an ineligible
contractor pursuant to any of the aforementioned regulatory or statutory provisions.
2.
I agree to obtain and forward to the aforementioned grantee, a Certification executed by each and every subcontractor, preferably prior to the
execution of any subcontract, including those executed by his/her subcontractors and any lower tier subcontractors or where circumstances do
not allow, to obtain and forward such to the grantee within ten (10) days of execution.
3.
I hereby acknowledge that I am aware that should I sign a subcontract with a subcontractor or should that subcontractor sign a contract with a
lower tiered subcontractor who is found to be ineligible to receive federal funds, I shall subtract such costs from the amount I will bill the
grantee or homeowner.
4.
Further, I certify that:
a.
The legal name and the business address of the undersigned are:
LEGAL NAME
b.
BUSINESS ADDRESS
(include city, state & zip code)
TAX I.D. NO.
The undersigned is:
a single proprietorship;
a partnership;
a corporation organized in the State of __________________________________ ;or
another organization (describe)__________________________________________
19
20
TOWN OF CHINO VALLEY
OWNER OCCUPIED HOUSING REHABILITATION
PROGRAM CIVIL RIGHTS STATEMENTS AND LAWS
CIVIL RIGHTS PROVISIONS
Title VIII of the Civil Rights Act of 1968, as of 1968. Title VIII as amended, prohibits discrimination in
housing on the basis of: * Race * Color * Religion* Sex * 'National Origin. This law also required HUD to
administer its program in a manner that affirmatively promotes fair housing.
Section 3 of the Housing and Urban Development Act of 1968, as amended, provides that, to the
greatest extent feasible, opportunities for * Training, and * Employment that arise through HUDfinanced projects shall be given to lower-income residents of the project area. Section 3 also provides
that contracts awarded in connection with such projects be awarded to:
Businesses located in the project area, (OR)
Businesses owned, in substantial part, by residents of the project area
Section 504 of that Rehabilitation Act of 1973, as amended, provides that no otherwise qualified
individual shall, solely by reason of his or her handicap be *Excluded from participation (including
employment.) * Denied program benefits *Subjected to discrimination under any program or activity
receiving Federal funds.
Section 109 of the Housing and Community Development Act of 1974, as amended, provides that no
person shall be excluded from participation (including employment), denied program benefits, or
subjected to discrimination on the basis of: * Race * Color * National Origin * Sex * Age
* Handicap under any program or activity funded in whole or in part under Title I (CDBG) of the Act.
Section 104 of the Housing and Community Development Act of 1974, as amended, provides that the
grantee “will affirmatively further fair housing."
The Age Discrimination Act of 1975, as amended, provides that no person shall be excluded from
participation, denied program benefits, or subjected to discrimination - on the basis of age - under
any program or activity receiving Federal funds.
Executive Order 1 1063 provides that no person shall, on the basis of race, color, religion, sex, or
national origin, be discriminated against in:
Housing (and related facilities) provided with Federal assistance.
Lending practices with respect to residential property when such practices are
connected with loans insured or guaranteed by the Federal Government.
Executive Order I 1 246, as amended provides that no personal shall be discriminated against, on the
basis of race, color, religion, sex, or national origin, in any phase of employment during the
performance of Federal or Federally assisted construction contracts in excess of $1 0,000.
Fair Housing Act Amendment Title VIII of 1988 extends the benefits of the Housing Act of 1968 to
two previously unprotected groups, namely, families with children (i.e., anyone under 18) and
individuals with disabilities.
Americans with Disabilities Act of 1990 prohibits discrimination against individuals with disabilities
for all state and local governments and requires them to undertake actions similar to those required
by Section 504. It also contains a public accommodations portion and requires private employers not
to discriminate against individuals with disabilities in terms of employment, services and
accommodations.
Title VI of the Civil Rights Act of 1964 provides that no person shall be:
* Excluded from participation * Denied program benefits
* Subjected to discrimination
on the basis of: * Race * Color * National Origin under any program or activity receiving Federal
financial assistance.
21
Development Services Department
1982 Voss Drive
Chino Valley, AZ 86323
Phone: (928) 636-4427
Fax: (928) 636-6937
GRIEVANCE PROCEDURES – CONTRACTORS
WHEN TO FILE
Complaints or grievances shall be filed within 3 days of Bid Open or 10 days of Award of Bid.
WHERE TO FILE
Complaints or grievances shall initially be filed with The Town of Chino Valley, 1982 Voss Drive,
Chino Valley, AZ 86323, Phone: (928) 636-4427, Fax: (928) 636-6937. For TDD access call 6362646 (voice), 636-1787 (TDD)
CONTENTS OF THE COMPLAINT
Each complaint or grievance should contain:
*
the complainants name, address, and phone number
*
the name, address, and phone number of the party alleged to have been in violation.
*
a description of the complaint in sufficient detail to inform of the nature and date of
the complaint.
CONFIDENTIALITY
The Town of Chino Valley shall hold in confidence the identity of any person submitting a
complaint, unless the person submits written authorization otherwise.
22
GRIEVANCE STEPS
1.
Informal Complaint
a.
b.
c.
d.
2.
An informal, verbal complaint can be given to The Town of
Chino Valley’s Program Administrator.
The Town’s Program Administrator will review the complaint
and attempt to resolve the complaint through negotiation.
The Applicant will be notified of the proposed resolution
within 5 working days of receipt of the complaint.
If the proposed resolution is not satisfactory to the Applicant, a
formal complaint may be filed.
Formal Complaint
a.
b.
c.
d.
e.
f.
Formal complaints must be made in writing and delivered to
the Town’s Project Manager by personal delivery or
certified mail.
The Town’s Project Manager shall review the complaint and
attempt to resolve the complaint through negotiation.
The Town’s Project Manager will notify the Applicant, in
writing, of the proposed resolution within 10 working days of
the receipt of the complaint.
If the resolution proposed by the Town’s Project Manager is
not satisfactory to the Applicant, an appeal can be made.
Appeals must be in writing and directed to the
Development Services Director of the Town of Chino
Valley. Appeals must be filed within five (5) working days of
receipt of the Town Program Administrator’s decision.
The Town’s Development Services Director will review the
complaint as appropriate. Review of the complaint may
include an informal hearing of the parties involved. The
Town’s Development Services Director will make a decision
regarding the complaint, in writing, within thirty (30) days of
receipt of the appeal.
The Town Development Services Director’s decision
shall be final.
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APPENDIX C:
HOMEOWNER/CONTRACTOR CONTRACT
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Town of Chino Valley
HOUSING REHABILITATION PROGRAM
Homeowner and Contractor Contract
This contract is between Contractor ____________________at STREET ADDRESS,
CITY/TOWN , AZ 86XXX, phone 928-XXX-XXXX (referred to in this contract as the
CONTRACTOR), warranting itself to be licensed and qualified to perform the work specified
herein, and John Doe, STREET ADDRESS, Chino Valley, AZ 86323, phone xxx-xxx-xxxx
(referred to in this contract as OWNER).
WHEREAS, the Town of Chino Valley (TOWN) is in receipt of a HOME / HTF grant from the
Arizona Department of Housing and/or The Department of Housing and Urban Development to
provide Housing Rehabilitation;
WHEREAS, the OWNER qualifies under the HOME / HTF program and the Town of Chino Valley
program guidelines and is desirous of Housing Rehabilitation services;
NOW, THEREFORE; IN CONSIDERATION OF THEIR MUTUAL PROMISES, THE PARTIES
AGREE AS FOLLOWS:
PART I. Specific Terms
1. EFFECTIVE DATE. This Contract shall have no force or effect unless and until executed by
the CONTRACTOR and OWNER.
A Notice to Proceed will be executed by TOWN. The date on which the Notice to Proceed is
executed shall be referred to as the Effective Date. The CONTRACTOR shall not be compensated
under this Contract for work commenced or materials delivered to the Property before the Effective
Date. When a properly executed copy of the Notice to Proceed is executed, the CONTRACTOR is
bound by this Contract.
2. THE CONTRACT. This Contract consists only of this Part I (Specific Terms), Part II (General
Conditions), and the following exhibits:
A. Scope of Work
____not applicable
_XX___applicable
B. Notice to Proceed
____not applicable
_XX___applicable
C. Architectural Drawings
_XX_not applicable
_______applicable
D. Contractor Bid Packet
____not applicable
_XX___applicable
E. General Specification
Handbook
_XX_not applicable _______applicable
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G. Other:_______________________________________________________
3. TIME FOR COMMENCEMENT AND COMPLETION. The CONTRACTOR agrees to
commence, or cause to be commenced, the actual work described in the Scope of Work within 20
consecutive calendar days after the Effective Date. The CONTRACTOR agrees to complete, free of
liens or rights of liens of contractors, mechanics, materialmen or laborers, all work listed above
within __60____ consecutive calendar days after the Effective Date of this Contract, subject to
extensions approved by TOWN in writing for the period of any excusable delays (including strikes,
acts of God or other reasons beyond the control of the OWNER or CONTRACTOR). The
CONTRACTOR agrees that time is of the essence in this Contract.
4. CONTRACT PRICE. The CONTRACTOR agrees to accomplish work as described in the
Contract Document for a total price of ____________________________________ Dollars
($_xxxxx.00__), excluding Change Orders.
Owner_________ Contractor_______ Witness_______
5. PAYMENTS. Upon project completion, and upon approval by TOWN of the completed work,
the TOWN shall pay the CONTRACTOR the total payments of one hundred percent of the Contract
amount, less such amounts as the TOWN shall determine for all incomplete work and unsettled
claims. All final payments to the CONTRACTOR shall be made within thirty (30) days of the
submission of a Request for Payment, provided said Request for Payment is approved by TOWN.
TOWN shall not withhold payment to the CONTRACTOR except for non-compliance with the
terms of this Contract, and neither the OWNER nor the TOWN shall request the CONTRACTOR to
perform work outside the scope of this Contract as a condition of receiving payment.
Owner_________ Contractor_______ Witness_______
6. WARRANTY. The CONTRACTOR warrants that all improvements, hardware and fixtures of
whatever kind or nature to be installed or constructed on the Property by the CONTRACTOR or the
CONTRACTOR'S subcontractors will be of good quality, suitable for their purpose and free from
defects in workmanship or materials, or other deficiencies. This is a full warranty extending to the
OWNER and subsequent owners of the Property; provided, however, that the warranty set forth in
this paragraph shall apply only to deficiencies and defects about which the OWNER or subsequent
owner(s) shall have notified the CONTRACTOR at the address stated above within two years as
required by the Arizona State Registrar of Contractors.
Owner_________ Contractor_______ Witness_______
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7. LIQUIDATED DAMAGES. If the CONTRACTOR fails to complete the work within the time
specified in Paragraph 3 of this Contract, or within the time to which such completion may have
been extended by TOWN in writing, the CONTRACTOR must pay to the OWNER the sum of Fifty
dollars ($50) for each and every calendar day that the time consumed in completing the work
exceeds the time allowed therefore; which said sum, in view of the difficulty of accurately
ascertaining the loss which the OWNER will suffer by reason of delay in the completion of the work
hereunder is hereby fixed and agreed as the liquidated damages that the OWNER will suffer by
reason of such delay, and not as a penalty. After being notified and directed by the Owner to do so,
the TOWN will deduct and retain out of the monies which may become due the contractor hereunder
the amount of any such liquidated damages; and in case the amount which may become due
hereunder shall be less than the amount of liquidated damages suffered by the OWNER, the
CONTRACTOR shall be liable to pay the difference upon demand by the Owner.
Owner_________ Contractor_______ Witness_______
8. PARTIES TO CONTRACT. The CONTRACTOR and OWNER agree that they are the sole
parties to this Contract and are solely responsible for its performance. The parties agree that the
United States Department of Housing and Urban Development, the Arizona Department of
Housing, and The Town of Chino Valley assume no liability or responsibility whatsoever for
the performance of any term of this Contract.
You agree to seek, follow through and attempt to fully resolve all construction quality of
workmanship disputes through the Registrar of Contractors process and apply and follow through
with the contractor’s recovery fund for restitution before seeking arbitration.
Arbitration. I further agree, covenant and consent, that any and all controversies arising out of or in
any way relating to the housing rehab program, shall be settled solely by arbitration in accordance
with the applicable rules of the American Arbitration Association then in effect and any judgment
upon the award rendered by the arbitrators may be entered in and be enforceable by any court of
competent jurisdiction. It is also provided further that all parties to this agreement hereby covenant
and agree that they and each of them, shall submit to and be bound by the decision of a three person
arbitration panel appointed by the applicable national panel of arbitrators, in accordance with the
American Arbitration Association rules for appointment of such panels. In accordance with the rules
and provisions of the American Arbitration Association, all parties hereto specifically agree that all
arbitration proceedings arising there under shall be held in Yavapai County, Arizona.
____________________________________________
CONTRACTOR
_______________________
DATE
____________________________________________
HOME OWNER(S)
______________________
DATE
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PART II. General Conditions
1. INSURANCE. During the continuance of the work under this Contract, the CONTRACTOR
and all subcontractors shall:
A. Maintain workers' compensation and employer's liability insurance in amounts sufficient to
protect themselves, the Town of Chino Valley, and the OWNER from any liability or damage for
injury (including death) to any of their employees, including any liability policy shall include
coverage for earthquake, landslide, workmanship, during the Contract time and until acceptance of
work by Owner and the Town.
B. Maintain public liability insurance amounts sufficient to protect themselves, the OWNER, and
the TOWN, against all risks of damage or injury (including death) to property or persons wherever
located, resulting from any action or operation under this Contract or in connection with the work.
2. ASSIGNMENT. The CONTRACTOR agrees not to assign the Contract without written consent
by the OWNER and the TOWN.
3. CHANGE ORDERS. No changes shall be made in the Scope of Work or the Specifications
without written authorization of the OWNER, CONTRACTOR, and TOWN.
4. PERMITS AND CODES. The CONTRACTOR agrees to secure all necessary permits required
for the performance of this Contract in compliance with applicable local requirements, including
local building and housing codes, where applicable, whether or not specified in the Scope of Work
or Specifications. Prior to construction required permit(s) and the Scope of Work shall be posted
and available at the job site.
5. HOLD HARMLESS. The CONTRACTOR agrees to defend, indemnify, and hold OWNER and
the TOWN harmless from any liability or claim for damages because of bodily injury, death,
property damage, sickness, disease or loss and expense arising from the CONTRACTOR'S
performance of this Contract. The CONTRACTOR further agrees to protect, defend, and indemnify
OWNER and the TOWN from any claim by laborers, subcontractors or materialmen for unpaid
work or labor performed or materials supplied in connection with this Contract.
6. CONDITION OF PREMISES. The CONTRACTOR agrees to keep the premises broom clean
and orderly and to remove all debris as needed during the course of the work, in order to maintain
work conditions which do not cause health or safety hazards.
7. LEAD-BASED PAINT. The CONTRACTOR agrees to use no lead-based paint in the
CONTRACTOR'S performance of this Contract, including the performance of any subcontractor.
"Lead-based paint" means any paint containing more than six one hundredths of one percent lead by
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weight (calculated as lead metal) in the total nonvolatile content of the paint or the equivalent
measure of lead in the dried film of paint already applied.
8. TERMINATION. The CONTRACTOR agrees that the OWNER shall have the right to declare
the CONTRACTOR in default if the CONTRACTOR fails to furnish materials or perform work in
accordance with the provisions of this Contract. In such event the Owner shall be responsible for
providing written notice to the CONTRACTOR by registered mail of such default. If the
CONTRACTOR fails to remedy such default within 10 calendar days of such notice, the OWNER
shall have the right to select one or more substitute contractors from the list of bidders that
participated in the bid process of the program. If the expense of finishing the work exceeds the
balance not yet paid to the CONTRACTOR on this Contract, the CONTRACTOR shall pay the
difference to the Town of Chino Valley.
9. INSPECTION. The TOWN and their designees shall have the right to inspect all the work
performed under this Contract. By such inspection, the Town assumes no responsibility for
defective material or work under this Contract or for any breach of this Contract by the
CONTRACTOR.
10. EQUAL OPPORTUNITY. The CONTRACTOR agrees to abide by all Federal, State, City, or
County regulations relative to Equal Opportunity to all persons, without discrimination as to race,
color, creed, religious, national origin, sex, marital status, age, status as with regard to public
assistance or disability as per Section 504 of the ADA.
During the performance of this Contract, the CONTRACTOR agrees as follows:
a.
The CONTRACTOR will not discriminate against any employee or applicant for
employment because of race, color, religious, sex, or national origin. The CONTRACTOR will take
affirmative action to assure that applicants are employed, and that employees are treated during
employment, without regard to their race, color, religious, sex, or national origin. Such action shall
include, but not be limited to, the following: employment, upgrading, demotion, or transfer;
recruitment ore recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship, and the provisions of Section 504
of the ADA.
b.
The CONTRACTOR will, in all solicitations or advertisements for employees placed by or
on behalf of the CONTRACTOR, state that all qualified applicants will receive consideration for
employment without regard to their race, color, religious, sex, disability, or national origin.
11. GOOD FAITH EFFORT. The CONTRACTOR agrees to provide for the fair utilization of
minority/women/disadvantaged owned business enterprises in the performance of work on this
project and, where a contract is awarded, engage in a "good faith effort" to ensure that
minority/women/disadvantaged-owned business enterprises have the maximum opportunity to
participate in the performance of work under this Contract.
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12. DISPUTES. Disputes because of, but not limited to, drawings, workmanship or the Contract
documents will be resolved between the OWNER, TOWN, and CONTRACTOR and the Arizona
State Registrar's Office or any other lawful remedies available to each party.
13. CONTRACTOR'S RECORDS. CONTRACTOR agrees to keep and maintain all records
arising from or relating to this construction Contract, including, but not limited to, receipts from
material suppliers and subcontracts, for a period of five years after the date of close out of the grant
or resolution of all audit findings of that grant, whichever occurs last. CONTRACTOR further
agrees to allow the Arizona Department of Housing, HUD, and/or the Office of the Inspector
General or their designated representatives to have access to all such records for review, monitoring,
and audit, during normal working hours.
14. CONTRACTOR'S DOCUMENTS. Contractor shall keep at the worksite a copy of the
Contract documents and shall at all times allow them available for inspection by the Town staff or
designees. All documents in this packet, contracts, plans, and specifications, are intended to be
complete and complementary and to prescribe a complete work. If any omissions are made of
information necessary to carry out the full intent and meaning of the Contract documents, the
CONTRACTOR shall immediately call the matter to the attention of the Town for furnishing
detailed instructions.
15. NON-RESPONSIBILITY OF THE OWNER. Indebtedness incurred for any cause in
connection with this work must be paid by the CONTRACTOR, and the OWNER and the TOWN
are hereby relieved at all times from any indebtedness or claims other than payments under contract.
16. PROPERTY RIGHTS IN MATERIAL. Nothing in the Contract shall be construed as vesting
in the CONTRACTOR any right of property in the materials used after they have been attached or
affixed to the work or the soil and accepted. All such materials shall become the property of the
OWNER upon being so attached or affixed and accepted.
17. ACCIDENT PREVENTION. Machinery, equipment, and other hazards shall be guarded or
eliminated in accordance with the safety provisions of the Manual of Accident Prevention in
Construction published by the Association of General Contractors of America, and the requirements
of the Occupational Safety and Health Administration.
18. CONFLICT OF INTEREST. Pursuant to ARS 38-511, the provisions of which are
incorporated herein by reference, all parties are hereby put on notice that this Contract is subject to
cancellation by TOWN if any person significantly involved in initiating, negotiating, securing,
drafting, or creating the Contract on behalf of TOWN is, at any time while the Contract or any
extension of the Contract is in effect, an employee or agent of any other party to the Contract in any
capacity or a consultant to any other party of the Contract with respect to the subject matter of the
Contract.
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19. MISCELLANEOUS PROVISIONS
A. If any action at law or in equity is necessary to enforce or interpret the terms of this Contract, the
prevailing party shall be entitled to reasonable attorney's fees, costs, and necessary disbursements in
addition to any other relief to which such party may be entitled.
B. In any case one or more of the provisions contained in this Contract shall for any reason be held
to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or un-enforceability
shall not affect any other provisions thereof and this Contract shall not be construed as if such
invalid, illegal, or unenforceable provision had never been contained herein.
20. CERTIFICATION REGARDING LOBBYING
Certification for Contracts., Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief that:
1. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding or 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 undersigned shall
complete and submit Standard Form LLL, "Disclosure Form to Report Lobbying", in accordance
with its instructions.
3. The undersigned shall require that the language of this Certification be included in the award
documents for all subawards at all ties (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
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This Certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this Certification is a prerequisite for
making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any
person who fails to file the required Certification shall be subject to a civil penalty of not less
than $10,000 and not more than $100,000 for each such failure.
21. DRUG FREE WORKPLACE
The CONTRACTOR shall maintain a Drug Free Workplace for all employees. The
HOMEOWNER shall maintain a Drug Free home.
Appendix
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11/4/2014