CORAZON DEL PUEBLO CONSTRUCTION Help build it!...2012/05/11 · 621 W. Lester Street Tucson, AZ 85705-6432 Phone (520) 326-1217 Fax (520) 326-5149 Help build it! CORAZON DEL PUEBLO

621 W. Lester Street Tucson, AZ 85705-6432 Phone (520) 326-1217 Fax (520) 326-5149 www.habitattucson.org

Help build it! CORAZON DEL PUEBLO

CONSTRUCTION

ROUGH ELECTRICAL

Thank you for your interest in providing a bid proposal(s) for Habitat for Humanity Tucson’s (HFHT) construction at the Corazon Del Pueblo (CDP) subdivision. As a not-for-profit organization, we appreciate your competitive bid that will help us accomplish our mission. Here at Habitat Tucson, we know that a home can change everything for a hard-working low-income family. Your support builds our community and helps our neighbors achieve the American dream of homeownership.

This bid packet includes: This cover letter Invitation to Bid with Detailed Scope of Work, Project Numbers & Project Addresses Notice Inviting Bids U.S. Department of Labor General Decision: AZ100003 dated 08/12/2011 U.S. Department of Labor Form WHD for Weekly Certified Payroll Reporting Sample HFHT Contract HFHT Fax Notification of Intent to Submit Bid Federal Labor Standards Provisions Here are a few things you should know when preparing your proposal. 1. Construction on HFHT homes at Corazon Del Pueblo are funded in part, with separate federal assistance through the City of Tucson and through Pima County. Thus, the construction trades on this project are required to pay employees prevailing wage rates as determined by the U.S. Department of Labor in accordance with the Davis-Bacon and Related Acts and submit weekly certified payroll reports to Habitat for Humanity Tucson.

2. The required prevailing wage is shown in the attached document called “GENERAL DECISION: AZ100003” and dated: 08/12/2011. Use it to make sure you are paying AT LEAST the minimum hourly wage as shown on the document. 3. Enclosed is also a sample copy of HFHT’s contract. Please note the federal funding assistance requirement of retaining 10% from each draw request (invoice) to be returned at the satisfactory completion of the individual trade’s work on site and per the contact payment terms noted in SECTION 10 (a) of the contract. 4. Also note a copy of your certificate(s) of insurance showing proof of general liability, vehicle and worker’s compensation coverage is required with your bid proposal. 5. In an effort to expedite our work, please let us know if you are unable to provide a bid proposal for this project and/or would like to be removed from our bid invitation list. Please check all boxes that apply and fax this self addressed cover sheet back to me or let me know via an email to [email protected]. And finally, as a reminder, bids are due by 1 p.m., on Wednesday, June 6, 2012.

If you have any questions, please don’t hesitate to contact myself or Patrick Pitman, HFHT’s Senior Construction Manager. Patrick can be reached at 520-270-4456 or via email at [email protected]. I can be reached at 520-326-1217, extension 204 or via email at [email protected].

Thank you!

Betsy D. Warner

Construction Coordinator

View this project and many more for free at http://bids.ContractorsPlanRoom.com

621 W. Lester Street Tucson, AZ 85705-6432 Phone (520) 326-1217 Fax (520) 326-5149 www.habitattucson.org

Help build it!

BIDS DUE ON: By 1:00 pm on Wednesday, June 6, 2012. Bid proposal may be received via email at [email protected], or by fax at 520-326-5149 or by drop-off/mail at Habitat for Humanity Office, 621 W. Lester Street, Tucson, AZ 85705.

SCOPE OF WORK: As per plans and specs, all material and labor to install rough electric wiring in ten (10) houses. Bid shall exclude service panel. Site visits are required prior to bidding by calling J.J. Swinney, site supervisor, at 495-8282. BID PLAN(S) & PROJECT ADDRESS(S)

JOB # LOT # MAILING ADDRESS CITY/STATE/ZIP MODEL PLAN TYPE

1175 175 7094 S VUELTA DE TRANQUILIDAD TUCSON, AZ 85756 BOSTNKLS A-ELEVATION

1176 176 7096 S VUELTA DE TRANQUILIDAD TUCSON, AZ 85756 ELIDA 3 BED A-ELEVATION


1184 184 7113 S VUELTA DE TRANQUILIDAD TUCSON, AZ 85756 BOSTNKLS A-ELEVATION


1253 253 7009 S AVENIDA DEL RECUERDO TUCSON, AZ 85756 BOSTNKLS A-ELEVATION

1254 254 7001 S AVENIDA DEL RECUERDO TUCSON, AZ 85756 ELIDA 3 BED A-ELEVATION

1255 255 6993 S AVENIDA DEL RECUERDO TUCSON, AZ 85756 BOSTNKLS C-ELEVATION


1263 263 6977 S AVENIDA DEL RECUERDO TUCSON, AZ 85756 BOSTNKLS A-ELEVATION


REQUIREMENTS: The following must be submitted with the bid proposal to be considered for the project. 1) The construction trades on this project are required to pay employees prevailing wage rates as determined by the U.S. Department of Labor in accordance with the Davis-Bacon and Related Acts. 2) Weekly certified payroll reports to Habitat for Humanity Tucson are mandatory. See the attached Residential Wage Decision for Pima County, as well as the Federal Labor Standards Provisions for specific information. 3) Copy of current liability, automobile, and worker’s compensation insurance certificates. Attach to Invitation. 4) A Federal DUNS number. Provide here:________________________________________________. 5) An Arizona Registrar of Contractors License number. Provide here:__________________________. 6) A City of Tucson Business License number. Provide here:__________________________________. Additionally, there shall be no discrimination because of race, color, political affiliation or creed in the employment of persons under this contract. Habitat for Humanity reserves the right to reject any bid. This form must be completed and signed by a representative of your company, and returned with your bid, in order for the bid to be considered. By signing below I state that I have read and understand the terms of this invitation to bid and am familiar with the existing conditions at the site of the work, hereby proposes to furnish all materials and services to perform and complete all work required within the time specified for the sum shown below. NOTE: As a not-for-profit, 501(c)(3) organization that leverages community volunteers and resources to construct homes for deserving families, Habitat for Humanity Tucson is occasionally and unpredictably offered gift-in-kind services and/or materials and/or other resources that may supersede the number and/or location of homes identified in this Bid Invitation. PRICE: $ _______________________ (Attach separate bid proposal) ______________________________________ ________________________________________ (Company Name) (Signature)

______________________________________ _________________ (Title) (Date) THIS IS NOT A CONTRACT. NO WORK CAN BEGIN PRIOR TO RECEIVING A FULLY EXECUTED CONTRACT AND A WRITTEN NOTICE TO PROCEED.

INVITATION TO BID: ROUGH-IN ELECTRICAL


Notice is hereby given that Habitat for Humanity Tucson, Inc., hereafter called the “Owner” and “General Contractor”, will

receive bid proposals until 1:00 p.m. on Wednesday, June 6, 2012 for awarding of contracts to furnish all materials,

transportation and services as required for roofing, stucco, drywall, HVAC, T-O plumbing, rough electrical, insulation,

cabinets and masonry walls for eleven (11) houses in Phase 7 construction located in the Corazon Del Pueblo

Subdivision in Tucson, Arizona.

Each bid must conform and be responsive to the Invitation and the Instructions to Bidders, the Drawings and

Specifications, Contract and General Conditions and all other documents comprising the pertinent Contract Documents.

Copies of the Contract Documents are now on file in the office of Habitat for Humanity Tucson, Inc. located at 621 W.

Lester Street, Tucson, AZ. Contractors may obtain one set of the Contract Documents at no cost. Additional sets or

sheets of drawings, pages of specifications, and other Contract Documents may be purchased at cost without refunds.

The Coordinator for this bid is Betsy D. Warner, available at [email protected] or 520-326-1217 ext. 204. Project

Manager is Patrick Pitman available at 520-270-4456.

Owner reserves the privilege of rejecting any or all bids for any reason whatsoever or to waive any irregularities or

informalities in the bids or in the bidding. Preference may or may not be given to Bidders with previous experience

working with not-for-profit organizations. Additionally, as a non-profit corporation, Habitat occasionally and unpredictably

receives donations of materials and/or services that may affect the number of homes and/or amount of work offered in this

solicitation.

Due to the use of Federal funding and pursuant to the provisions of the Davis-Bacon and Related Acts, the Owner has

ascertained from the Federal Register the general wage determination decisions in the locality in which this work is to be

performed for each craft or type of workman or mechanic needed to execute the contract, a copy of which is included in

each set of specifications. It shall be mandatory upon the Contractor to whom the contract is awarded, and upon any

subcontractor under him, to pay all laborers, workmen and mechanics employed by them in the execution of the contract

not less than the said general wage determination decisions in accordance with the Davis-Bacon and Related Acts for

each craft or type of workman or mechanic needed to execute the contract. Weekly certified payroll will be required on

this project.

Attention is further called to the fact that this project must be undertaken in compliance with Section 7(b) Public Law 93-

633, Executive Order 11246 and Section 3 of the Housing and Urban Development Act of 1968 regarding Equal

Opportunity as well as the special conditions as set forth by The American Recovery and Reinvestment Act of 2009,

Public Law 111-5, 123 Stat. 115 (Feb. 17, 2009). Only bids from qualified applicants, which include proof of automobile,

liability and workman’s compensation insurance, City of Tucson business license and Federal DUNS # will be considered.

Advertised: Daily Territorial Newspaper

May 7, 15, 23, 31, 2012

621 W. Lester St., Tucson, AZ 85705Phone (520) 326-1217 Fax (520) 326-5149

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SUB-CONTRACTOR AGREEMENT OF HABITAT FOR HUMANITY TUCSON PHASE

PROJECT NUMBER(S): PROJECT LOCATION(S): This Subcontract Agreement (also referred to as "Subcontract") is hereby made on this XX day of XXXX 20XX by and between Habitat for Humanity Tucson, (hereinafter referred to as "Owner") and, ________________________ located at ______________________________; Phone XXX-XXX-XXXX; Fax XXX-XX-XXXX (hereinafter referred to as “Sub-Contractor”). No assignment of this Sub-Contractor Agreement shall be made without the written consent of the Owner and Sub-Contractor, in consideration of the mutual covenants contained herein, hereby agree as follows: SECTION 1. SCOPE OF WORK. As per plans and specs, ______________See attached Addendum B titled ____________________________ dated MONTH, DATE, YEAR. Note, work cannot begin until Sub-Contractor is given a notice to proceed by the Owner. SECTION 2. CONTRACT AMOUNT. The Owner hereby agrees to pay to the Sub-Contractor for the Subcontract Work performed as provided herein the sum of **** XXXX DOLLARS AND XXX CENTS ($XXXX.XX)**** PRICE IS BASED UPON $XXXX.XX PER HOUSE. Sub-Contractor shall receive payment 30 days after the satisfactory completion of work and all required documents, reports, certifications, lien releases, etc. are on file with the Owner. SEE “SECTION 10. PAYMENTS AND LIEN WAIVERS” BELOW. _____ /_____ Both parties initial here if progress payment schedule has been approved and is attached herewith and made part of this agreement. SECTION 3. LIQUIDATED DAMAGES. This Sub-Contractor Agreement contains a liquidated damages clause in the amount of One Hundred Dollars ($100.00). Should the Sub-Contractor default in the proper performance of the General Contract Work, thereby causing delay to any part of the entire work under the Project, the Sub-Contractor shall be liable for any and all loss and damages, including liquidated damages sustained therefore by the Owner. The Sub-Contractor shall not be liable under this paragraph if such default is caused by strike, lockout, act of nature or other reason beyond the control of the Sub-Contractor, provided to the extent that any of the foregoing constitutes a valid excuse for the delay under this Subcontract Agreement, and further provided that notice of such default shall be furnished in writing by the Sub-Contractor to the Owner or the Owner within forty-eight (48) hours of occurrence. SECTION 4. PROVISIONS. The provisions set forth in the attached document(s) are hereby incorporated and made part of this Subcontract Agreement: Addendum A: Acknowledgements and Other Conditions Addendum B: ____________________________ dated MONTH, DATE, YEAR Addendum C: Additional Project Options (If applicable) SECTION 5. CHANGE ORDERS. All change orders shall be agreed to in writing and signed by both the Sub-Contractor and the Owner. No party shall deviate from this Subcontract Agreement without written authorization to do so. In the event unforeseen conditions requiring a change to the scope of work are discovered, a written change order will be issued, at the discretion of the Owner. The Sub-Contractor will be requested to provide information on the work to be completed under the change order, and all applicable costs. All change orders must be approved in writing prior to commencement of the work. Unauthorized change orders will not be approved. In the event of an emergency, the Owner may verbally authorize emergency repairs. In this event, a written change order will be issued within 48 hours of the emergency occurrence. All additions or deductions for changes to this General Contract shall be adjusted at the time of final payment. The aforementioned sum (herein referred to as the "General Contract Price") includes all taxes of any nature whatsoever that may be or should be assessed against or incurred by the Sub-Contractor in the performance of this General Contract Work, unless so noted.

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621 W. Lester St. Tucson, AZ 85705-6432 Phone (520) 326-1217 Fax (520) 326-5149 www.habitattucson.org Residential ROC 184153


SECTION 6. INSURANCE. Prior to commencement of the work, the Sub-Contractor shall provide and maintain, during the course of all work, the following insurance coverage. If the Sub-Contractor is a licensed Sub-Contractor in the State of Arizona this applies: a) Certificate of Insurance showing current General Liability Insurance covering public liability, property damages and Sub-Contractors contractual liability insurance in the minimum amount of $1,000,000. b) Certificate of Insurance showing current Vehicle Liability Insurance in the minimum amount of $1,000,000. c) Proof of Worker's Compensation Insurance SECTION 7. INDEMNIFICATION. Sub-Contractor agrees, but not by way of limitation, to protect, indemnify and hold harmless, the Owner, its officers, agents and employees, against any and all loss, claims or suits (including costs and attorney's fees), for or on account of (a) injury or death of persons, sickness, disease or loss; (b) damage or destruction of property belonging either to the Contractor or others; (c) non-compliance with the Fair Labor Act of 1938, occurring by reason of the act of neglect of the Sub-Contractor, its employees or agents; (d) liability of claim arising out of a breach of this Agreement by Sub-Contractor in connection with the performance of work under this Agreement. Sub-Contractor shall be solely responsible for compliance with all labor and employment laws and regulations, and agrees to indemnify, defend and hold harmless Habitat for Humanity Tucson from any liability arising out of Sub-Contractor's failure to comply with any such law or regulation. Owner does not assume any liability or responsibility for the care, safety or preservation of any tools, machinery, equipment, material or supplies used by Sub-Contractor and all risks thereof are assumed by the Sub-Contractor. SECTION 8. SCHEDULING OF WORK AND TIME OF PERFORMANCE. Sub-Contractor agrees and acknowledges that no work shall be started on the project by Sub-Contractor until a fully executed contract is signed, given a formal notice to proceed by the Owner, and the Sub-Contractor is scheduled for such work by the Owner. The Sub-Contractor agrees to keep informed as to the progress of the Project and to faithfully prosecute General Contract Work, and all parts thereof, at such times and under such order as the Owner may consider necessary to keep the same sufficiently in advance of the other parts of the Project and to avoid any delay in the completion of the construction as a whole. The scheduled Time of Performance of the General Contract Work, or any part thereof, is as and when directed by Owner, as may be modified from time to time. In the event that the Job Progress Schedule is a Critical Path Method or similar type schedule, the Sub-Contractor agrees to fully cooperate with the Owner in the preparation and maintenance of said Schedule. Upon the request by the Owner, the Sub-Contractor shall furnish to the Owner, in writing, a progress schedule covering the General Contract Work. Such schedule will show in detail the procurement, shop drawings, fabrication, delivery and installation activities of all major components of the General Contract Work. The Sub-Contractor agrees to meet and keep such schedule, and to apprise the Owner at least weekly of Sub-Contractor's progress position. Failure of the Contractor to comply with the requirements of the Owner under this clause shall be grounds for a determination by the Owner that the Contractor is not prosecuting the work with sufficient diligence to ensure completion within the time specified in the Contract. Upon making this determination, the Owner may terminate the Contractor’s right to proceed with the work, or any separable part of it, in accordance with the Default clause of this contract. Sub-Contractor agrees and acknowledges that payments, lien waivers, fully executed contracts and notices to proceed can only be authorized by Owner representative agents which are the Executive Director and/or Deputy Director. Notices to proceed may also be granted by the Construction Coordinator and/or Director of Finance and Accounting. SECTION 9. INSPECTION, REPAIRS OF DEFECTIVE WORK AND GENERAL GUARANTEE. The Owner reserves the right to examine the work in progress or completed under this Sub-Contractor Agreement. All work done and materials furnished will be subject to inspection and approval. The inspection of the work by the Owner shall not relieve the Sub-Contractor of any of its obligations to fulfill this Agreement as prescribed and defective work shall be made good and unsuitable materials shall be replaced even though such defective work and materials have been previously overlooked and accepted. Neither the final payment nor any provision in the contract documents nor partial or entire occupancy of the premises by the Owner or subsequent Owner shall constitute an acceptance of work not done in accordance with the contract documents, nor relieve the Sub-Contractor of liability in respect to any express warranties or responsibilities for faulty workmanship or materials. The Sub-Contractor shall remedy any defect due to the faulty material or workmanship and pay for any damage to other work resulting therefrom which shall appear within the period of two (2) years after final payment. Furthermore, the Sub-Contractor shall furnish to Owner all manufacturers' and suppliers' written guarantees and warranties covering materials and equipment furnished under this Sub-Contractor Agreement. SECTION 10. PAYMENTS AND LIEN WAIVERS. All payments due hereunder to Sub-Contractor from Owner are subject to the following terms and conditions, as applicable. (a) In compliance of federal funding requirements, retention of 10% will be held from each draw request. All retained funds will be paid 30 days upon receipt of the final invoice requesting retention funds and all required paperwork is accurate and on file with the appropriate funding authorities. (b)Thirty (30) days after the completion of the job by Sub-Contractor AND approval of the completed work by the Owner.


(c) Before any payment is made, Sub-Contractor MUST deliver to Owner any and all warranties due, reports and/or certifications AND lien waivers executed and notarized in a form approved by the Owner from Sub-Contractor and from any supplier and/or second tier Sub-Contractor employed by Sub-Contractor on the job. The Owner may, at its option, make payment to the Sub-Contractor and other suppliers by issuing a check made jointly to these parties. (d) The Owner may withhold the whole, or any part of, any Contract amount to such extent as may be deemed necessary to protect the Contractor or Owner from loss on account of (1) defective work not remedied; (2) failure of Sub- Contractor to make payments properly to Sub-Contractors, material suppliers and laborers; (3) a reasonable doubt that the Contract can be completed for the balance then unpaid; (4) damage to another Sub-Contractor, Owner; or (5) performance of work in violation of the terms of this Sub-Contractor Agreement. (e) The Owner shall be notified of all liens placed on property by Sub-Contractors. SECTION 11. TERMINATION. Based upon the following conditions: (a) Sub-Contractor fails to furnish materials or execute the work in accordance with provisions of this Sub-Contractor Agreement; (b) fails to proceed within the work time limit specified, or fails to complete work within the time limit specified in this Sub-Contractor Agreement; and/or (c) the other provisions of this Sub-Contractor Agreement are otherwise violated by the Sub-Contractor. Upon five (5) calendar day’s written notice to the Sub-Contractor, the Owner shall have the right to declare the Sub-Contractor in default in the performance of its obligations under this Sub-Contractor Agreement. Said notice shall contain the reason for the Owner's intent to declare the Sub-Contractor at fault. Unless within five (5) calendar days after the service of said notice, the violation shall cease or satisfactory arrangements shall be made for its correction, the Sub-Contractor by written notice, will be declared in default and its right to proceed under this Sub-Contractor Agreement terminated. In the event the Sub-Contractor is thus declared to be in default, the Owner will proceed to have the work completed, shall apply to the cost of having the work completed any money due the Sub-Contractor under this Sub-Contractor Agreement, and the Sub-Contractor shall be responsible for any damages resulting to the Owner or Owner by reasons of said default. SECTION 12. GIFTS IN KIND. As a not-for-profit, 501(c)(3) organization Habitat for Humanity Tucson is occasionally and unpredictably offered donations of gift-in-kind services and/or materials that may supersede the number and/or location of homes and/or work identified in this agreement. By signing this contract you acknowledge and accept that this condition exists. IN WITNESS WHEREOF, the parties hereto have executed this Subcontract Agreement dated XX day of XXXX, 20XX for project work at ___________________________________________by their duly authorized officers or representatives: CONTRACTOR: HABITAT FOR HUMANITY TUCSON By: ______________________________________________________________ Signature Daniel Knee, Deputy Director Print Name & Title ___________________ Date SUB-CONTRACTOR: By: ______________________________________________________________ Signature Print Name & Title ___________________ Date


Addendum A Acknowledgments And Other Conditions

SECTION 1. ACKNOWLEDGMENTS. Sub-Contractor acknowledges that the use of federal grant monies requires adherence with certain applicable additional contractual conditions, as follows: (a) Sub-Contractor hereby agrees to comply with and perform all work in accordance with the best modern practice, with new materials (unless otherwise so specified) and workmanship of the highest quality, in compliance with applicable building codes, federal, state and local laws, rules, regulations and standards, including those relating to safety, environmental protection, quality of workmanship and other standards. Sub-Contractor shall check and verify all dimensions, grades and levels before commencement of performance, and whenever necessary during the progress thereof. Sub-Contractor, in performing this Subcontract Agreement, is acting as an independent contractor, and will provide all labor, tools, scaffolding, equipment, supplies and supervision necessary for the complete and satisfactory performance of this General Contract Work. SECTION 2. OTHER FEDERAL REQUIREMENTS. Sub-Contractor agrees to comply with the following federal rules and regulations when applicable to the performance of this Agreement: (a) EQUAL EMPLOYMENT OPPORTUNITY. Compliance with E.O. 11246, "Equal Employment Opportunity" as amended by E.O. 11375 "Amending Executive Order 11246 Relating to Equal Employment Opportunity" and as supplemented by regulations at 41 CFR part 60 "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor", applicable to contracts in excess of $10,000: During the performance of this Contract, the Sub-Contractor agrees as follows: The Sub-Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin. The Sub-Contractor will take affirmative action to ensure that applicants are employed, and the employees are treated during such employment, without regard to race, creed, color, or national origin. Such action shall include, but not be limited to, the following: employment upgrading, demotion or transfer, recruitment or recruitment advertising; layoff or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Sub-Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the municipality setting forth the provisions of this non-discrimination clause. (b) COPELAND "ANTI-KICKBACK" ACT, (18 U.S.C. 874) as supplemented by Department of Labor regulations (29 CFR part 3 "Contractors and Subcontractors on Public Buildings or Public Work Financed in Whole or In Part by Loans or Grants from the United States"), applicable to contracts in excess of $2,000: The Act provides that each Contractor or Sub-Contractor shall be prohibited from inducing, by any means, any person employed in the construction, completion or repair of public work, to give up any part of the compensation to which he is otherwise entitled. The Contractor shall report all suspected or reported violations to the Federal awarding agency. (c) EMPLOYMENT OPPORTUNITIES FOR SECTION 3 BUSINESSES AND LOWER-INCOME AREA RESIDENTS, (a) The work to be performed under this Subcontract is on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701n. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given lower-income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project; (b) The parties to this Subcontract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR, and all applicable rules and orders of the Department issued thereunder prior to the execution of this Subcontract Agreement. The parties to this Subcontract Agreement certify and agree they are under no contractual or other disability which would prevent them from complying with these requirements; (c) The Sub-Contractor will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or worker's representative of his commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training; (d) The Sub-Contractor will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant for or recipient of Federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the Sub-Contractor is in violation of regulations issued by the Secretary of Housing and Urban Development, and will not let any subcontract unless the Sub-Contractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations; (e) Compliance with the provisions of Section 3, and all applicable rules and orders of the Department issued thereunder prior to the execution of the subcontract, shall be a condition of the Federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its contractors and Sub-Contractors, its successors and assigns to those sanctions specified by the grant or local agreement or contract through which Federal assistance is provided, and to such sanctions as are specified by 24 CFR 135. (d) BYRD ANTI-LOBBYING AMENDMENT (31 U.S.C. 1352),Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officers or employee of Congress, or any employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. The undersigned Sub-Contractor certifies that, to the best of their knowledge and belief, a) 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 any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with the awarding of any Federal 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; b) 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 Congress, or an employee of a Member of Congress in connection with the 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 instruction; c) The Borrower shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants and contracts under grants, loans and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. (e) DAVIS-BACON ACT, AS AMENDED (40 U.S.C. 276a TO a-71). When applicable, General Contracts shall include a provision for compliance with the Davis-Bacon Act, as supplemented by Department of Labor regulations (29CFR Part 5, "Labor Standards and Assisted Construction".) Under this Act, Sub-Contractors shall be required to pay wages to laborers and mechanics at a rate not less than the minimum wages specified in a wage determination made by the Secretary of Labor. In addition, Sub-Contractors shall be required to pay wages not less than once a week. The recipient shall place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation and the award of a contract shall be conditioned upon the acceptance of the wage determination. The recipient shall report all suspected or reported violations to the Federal awarding agency. (f) CONTRACT WORK HOURS AND SAFETY STANDARD ACT (40 U.S.C. 327-333). When applicable, General Contracts shall include a provision for compliance with Sections 102 and 107 of the Contract Work Hours and Safety Standard Act, as supplemented by Department of labor regulations (29CFR Part 5) Under Section 102 of the Act, each Sub-Contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of pay for all hours worked in excess of 40 hours in the work week. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchase of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. (g) CLEAN AIR ACT (42 U.S.C. 7401 ET SEQ.) AND THE FEDERAL WATER POLLUTION CONTROL ACT 933 U.S.C. 1251 ET SEQ.), AS AMENDED. Subcontracts of amounts in excess of $100,000 shall contain a provision that requires the recipient to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act and the Federal Water Pollution Control Act as amended. Violations shall be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). (h) DEBARMENT AND SUSPENSION (E.O.s 12549 AND 126891). No subcontract shall be made to parties listed on the General Services Administrations; List of Parties Excluded from Federal Procurement or Nonprocurement Programs in accordance with E.O.s 12549 and 12689, "Debarment and Suspension". This list contains the names of parties debarred, suspended or otherwise excluded by agencies and contractors declared ineligible under statutory or regulatory authority other than E.O. 12549. Sub-Contractors with award that exceed the small purchase threshold shall provide required certification regarding its exclusion status and that of its principal employees. (i) PROTECTING STATE AND LOCAL GOVERNMENT AND CONTRACTOR WHISTLEBLOWERS. (American Recovery Reinvestment Act 2009, Subtitle D, SEC. 1553) (a) Prohibition of Reprisals—An employee of any non-Federal employer receiving covered funds may not be discharged, demoted, or otherwise discriminated against as a reprisal for disclosing, including a disclosure made in the ordinary course of an employee’s duties, to the Board, an inspector general, the Comptroller General, a member of Congress, a State or Federal regulatory or law enforcement agency, a person with supervisory authority over the employee (or such other person working for the employer who has the authority to investigate, discover, or terminate misconduct), a court or grand jury, the head of a Federal agency, or their representatives, information that the employee reasonably believes is evidence of— (1) gross mismanagement of an agency contract or grant relating to covered funds; (2) a gross waste of covered funds; (3) a substantial and specific danger to public health or safety related to the implementation or use of covered funds; (4) an abuse of authority related to the implementation or use of covered funds; or (5) a violation of law, rule, or regulation related to an agency contract (including the competition for or negotiation of a contract) or grant, awarded or issued relating to covered funds. (b) The term “covered funds” means any contract, grant, or other payment received by an non-Federal employer if the Federal Government provides any portion of the money, property that is provided, requested, or demanded at least some of the funds are appropriated or otherwise made available by the Recovery Act. (c) The rights and remedies afforded to employees by this Article and Section 1553 of Division I of the Act may not be waived by an agreement, policy, form, or condition of employment. No dispute arising under this Article shall be subject to any pre-dispute requirement for arbitration, except that an arbitration requirement in a collective bargaining agreement shall be enforceable with respect to disputes arising under that agreement. (j) ENERGY POLICY & CONSERVATION ACT (24 CFR 85.36(i)13) - Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L.94A 163, 89 Stat. 871). (k) RECORD RETENTION - (24 CFR 85.36(i)11) Retention of all required records for three years after grantees or subgrantees make final payments and all other pending matters are closed. (l) BUY AMERICA - This award term and condition implements Section 1605 of the American Recovery and Reinvestment Act of 2009 (Recovery Act) (Pub. L. 111–5), by requiring that all iron, steel, and manufactured goods used in the project are produced in the United States.


Addendum B

Sub-Contractor Proposal-Following Page(s)

Addendum C

Additional Project Options As Noted in Sub-Contractor Proposal in the Following Page(s)

NOTE: As a not-for-profit, 501(c)(3) organization Habitat for Humanity Tucson is occasionally and unpredictably offered donations of gift-in-kind services and/or materials that may supersede the number and/or location of homes and/or work identified in this bid invitation. By submitting a proposal to Habitat for Humanity Tucson in response to this invitation you acknowledge and accept that this condition exists.


621 W. Lester St., Tucson, AZ 85705 Phone (520) 326-1217 Fax (520) 326-5149 www.habitattucson.org

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