Tin Town Street and Drainage Phase 3

City of Bisbee Tin Town Street and Drainage Phase 3 Community Development Block Grant Contract No. 119-21 City of bisbee 76 Erie Street Bisbee, AZ 85603 bids due By 3 p.m., February 22, 2021 1 TABLE OF CONTENTS CONTRACT DOCUMENTS CITY OF BISBEE TIN TOWN STREET and DRAINAGE PROJECT CDBG #110-19 INVITATION TO BID ............................................................................................. 3 INSTRUCTIONS TO BIDDERS ............................................................................ 5 PROPOSAL CHECKLIST ..................................................................................... 7 BID SCHEDULE ................................................................................................... 8 BID PROPOSAL ................................................................................................. 11 LIST OF SUBCONTRACTORS/MATERIAL VENDORS ..................................... 15 BID BOND

.......................................................................................................... 16 CONTRACT AGREEMENT ................................................................................ 17 LABOR AND MATERIALS BOND....................................................................... 35 PERFORMANCE BOND ..................................................................................... 37 NOTICE OF AWARD .......................................................................................... 39 NOTICE OF NON-AWARD ................................................................................. 41 NOTICE TO PROCEED ...................................................................................... 43 ENVIRONMENTAL CONDITIONS……………………………………….SECTION A CDBG COMPLIANCE BID DOCUMENTS/WAGE RATE…………….. SECTION B PLANS AND SPECIFICATIONS..........................................................SECTION C 2 CITY OF BISBEE INVITATION TO BID TIN TOWN STREETS and DRAINAGE PROJECT (CDBG #119-21) The City of Bisbee, hereinafter referred to as City, through a Community Development Block Grant (CDBG) from the State of Arizona Department of Housing (ADOH) will accept bids from qualified firms or individuals with the appropriate license as registered with the Arizona Registrar of Contractors to perform the following services: Project Description The Tintown Phase 3 streets and drainage project includes reconstruction of roads with an inverted crown to improve drainage, erosion control, and manhole adjustments. The streets portion will include removal of existing chip seal roads where applicable, subgrade preparation and approximately 8,025 square feet of new road surfacing with curb and valley gutters. There will also be an installation of a drainage channel at the southern drainage outlet with channel excavation, 60 cubic yards of gabion and 70 cubic yards of riprap. Objective/Scope of Work The contractor shall furnish all materials, labor, equipment, services, transportation and perform all the work for the City’s project known as the Tintown Street and Drainage Project (CDBG #119-21) for City of Bisbee, Arizona as called for in the plans/specifications. The proposer should prepare a detailed time schedule for completion. This is a Federally-funded project, and the successful proposer will be required to lend all possible assistance in the preparation, investigation and documentation necessary for compliance with all applicable federal Labor Standards/Davis-Bacon and other requirements of ADOH. The successful proposer should be prepared to comply with all local, state and federal safety and environmental requirements. The project shall be accomplished in accordance with all federal program and state statutory requirements to include 2 CFR 200, Executive Orders and the Arizona Administrative Code. Bids To be considered, one (1) original and two (2) copies of the Bid must be provided and in accordance with the Instructions to Bidders included in the bid package. Sealed bids will be opened at 3:00 p.m. on Monday, February 22, 2021, in the office of City of Bisbee Public Works, located at 76 Erie Street, Bisbee AZ 85603, at which time all bids received will be opened and the amount of the total bid read aloud. Failure of the proposer to complete all of the bid documents may result in rejection of the Bid. All bids should be identified as “Sealed Bids – Tintown Street and Drainage Project, CDBG #119-21.” 3 Copies of the CONTRACT DOCUMENTS in electronic media format may be obtained at the website of the ENGINEER, Souder, Miller & Associates, at www.soudermiller.com. Bidders are responsible for monitoring the website referenced above for notifications of changes and addenda related to this project. For correspondence, questions and/or clarifications of the bidding procedure and clarifications; correspondence and/or questions concerning the plans or specs; and for additional information, please contact: Alonzo L. Martinez, P.E., Project Engineer, Souder, Miller & Associates Engineering, 500 W. Main St., Safford, AZ 85546, (928) 428-9141 (office) (575) 910-8400 (mobile); Alonzo.martinez@soudermiller.com. A bid security in the form of a certified check, cashier's check or bid bond in the amount of five percent (5%) of the bid shall accompany each Bid. Bonding companies issuing acceptable bonds in conjunction with this project must hold a certification of authority to transact surety business in Arizona as issued by the Director of the Department of Insurance. All bid security shall be made payable, without condition, to the City of Bisbee. Said bid security shall be considered liquidated damages and shall be forfeited to the City of Bisbee in the event the Bid is accepted and the successful bidder fails to execute the contract and furnish the required bonds within ten (10) workings days after the notice of bid award. The City will hold a non-mandatory pre-bid conference on Monday, February 1st, 2021 at 10:00 a.m., which will be held online via Zoom Meeting. Interested bidders should contact the Project Engineer in order to attend. The project shall be accomplished in accordance with all federal program and state statutory requirements to include Executive Orders, Administrative Rules and Regulations. If information of a material matter is provided in response to any correspondence or question or if a clarification is issued by the City, a copy of the question and answer will be provided to all prospective bidders who have requested a set of plans. This response shall serve as an addendum to the advertised call for bids. City of Bisbee reserves the right to accept the lowest, responsible bid; to consider alternatives; to reject any or all bids; and to waive irregularities or information in any bid. Bids received after the specified time of closing will be returned unopened. City of Bisbee also reserves the right to hold any or all bids for a period of thirty (30) days after the date of opening. Bidders will not be allowed to withdraw submitted bids during the thirty (30) day period. City of Bisbee is an Affirmative Action/Equal Opportunity Employer. 4 http://www.soudermiller.com/ mailto:Alonzo.martinez@soudermiller.com Instructions to Bidders Submit one (1) original and two (2) copies of the bid which shall be sealed and filed at the time and place indicated in the Invitation to Bid. Bidders must adhere to the following: 1. Submit Bid Security (Bond or Certified Check) 2. Submit Bid Proposal Form 3. Submit Bid Schedule 4. Utilizing the form provided, identify sub-contractors and material suppliers known when bid is submitted. 5. Utilizing the form provided, submit the LS-2 Contractor's Certification Concerning Labor Standards and Prevailing Wage Requirements. This form is to be signed by the owner or corporate officer of the bidder. 6. Utilizing the form provided, submit the Certifications. This form is to be signed by the owner or corporate officer of the bidder. Bid Security, Performance Bond and Payment Bond The bid guarantee shall be in the form of a certified or cashier's check, upon a solvent bank or a surety bond for five (5%) percent of the amount of the bid. The successful contractor will be required to provide a Performance Bond and Payment Bond equal to one hundred (100%) percent of the contract amount. No substitution or other form of bond will be allowed. Such bonds shall be executed solely by a surety company or companies holding a certificate of authority to transact surety business in the State of Arizona as issued by the Director of the Arizona Department of Insurance. Such bonds are not to be limited as to the time in which action may be instituted against the surety company. The bond(s) shall be made payable and acceptable to the The City of Bisbee and shall be written or countersigned by an authorized representative of the surety who is either a resident of the State of Arizona or whose principal office is maintained in this State, as required by law, and the bond(s) shall have attached thereto a certified copy of Power of Attorney of the signing official. Insurance The contractor shall purchase and maintain during the contract time insurance as listed in the contract, including Protective Bodily Injury, Personal Property and Automobile Bodily Injury and Property Damage. The contractor will be required to provide evidence of such insurance prior to issuance of the Notice to Proceed in a form acceptable to the The City of Bisbee. The Certificate of Insurance shall name The City of Bisbee as additional insured. As required by law, the Certificate of Insurance shall be provided by an insurance carrier(s) authorized to do business in the State of Arizona or countersigned by an agent of the carrier authorized to do business in the State of Arizona. Additionally, the contractor will be required to purchase and maintain Worker's Compensation Insurance, including occupational disease provisions, for all employees at the site of the project. In case any work is 5 sublet, the contractor shall require such sub-contractor similarly to provide Workers' Compensation Insurance, including occupational disease provisions, for all the latter's employees unless such employees are covered by the protection afforded by the Contractor. Award of the Contract The City of Bisbee reserves the right to reject any and all bids and to award the contract to other than the low bidder with good cause. The City further reserves the right to waive any informality or irregularities in the bidding process. Additionally, the bidder recognizes the right of the City to reject a bid if the bidder failed to furnish the data required by the bidding documents or if the bid is in any way incomplete or irregular. Each bidder shall be prepared to provide evidence of his/her experience, qualification and financial ability to carry out the terms of the contract. All bids shall remain firm for a period of thirty (30) calendar days after the date of the bid opening. Bids may not be modified after submittal. Bidders may withdraw proposals at any time prior to bid opening. No bid may be modified or withdrawn after the bid opening except where the award of the contract has been delayed more than thirty-one (31) days. The contractor to whom the contract is awarded will be required to execute the contract and obtain the Performance Bond and Payment Bond within ten (10) calendar days from the date of receipt of the Notice of Award. The Notice of Award shall be accompanied by the necessary contract documents. If the bidder fails to execute the contract, the City may consider the bidder in default, in which case the bid bond accompanying the proposal shall become the property of the City. Notwithstanding any delay in the preparation and execution of the formal contract, each bidder shall be prepared to commence work within seven (7) days of receipt of the Notice to Proceed. Protest Procedure Bid protests shall be submitted in writing to: Ms. Theresa Coleman, City Manager, 76 Erie Street, Bisbee, AZ, 85603 within seventy-two (72) hours of bid award notification. Protests must contain at a minimum the name, address and telephone number of the protester, the signature of the protester or its representative and evidence of authority to sign; a detailed statement of the legal and factual grounds of the protest including copies of relevant data; and the form of relief requested. Within three (3) business days of receipt, and after consultation with legal counsel, ADOH, or others, the City will respond to the protest. The City of Bisbee reserves the right to reject any or all bids; to waive irregularities of information in any bid; and/or to take any steps determined prudent in order to resolve the protest. 6 PROPOSAL CHECK LIST Bid Proposal Form Bid Schedule Bid Bond, Certified Check or Cashier’s Check Sub-contractor and Material Suppliers List LS-2 – Contractor’s Certification Concerning Labor Standards and Prevailing Wage Requirements Certifications 7 ITEM NO. ITEM DESCRIPTION UNIT EST. QTY. UNIT PRICE TOTAL PRICE 100.40000 POST CONSTRUCTION PLANS L.S. 1.00 109.09000 MOBILIZATION/DEMOBILIZATION L.S. 1.00 205.01150 ROADWAY EXCAVATION CU.YD. 250.00 301.01000 SUBGRADE PREPARATION SQ.YD. 1,925.00 310.03150 AGGREGATE BASE COURSE, 6" THICK TON 516.00 315.01010 BITUMINOUS PRIME COAT (MC-250) TON 3.50 321.01001 ASPHALT CONCRETE PAVEMENT (SUPERPAVE 1/2" MIX, LOW TRAFFIC) TON 214.00 340.01600 CONCRETE APRON AND VALLEY GUTTER, MAG DET 240 (MODIFIED) SQ.FT. 1,550.00 345.01100 ADJUST MANHOLE FRAME & COVER, MAG DET 422 EA. 2.00 345.01200 ADJUST VALVE BOX & COVER, MAG DET 391-1-A EA. 3.00 350.50000 MISCELLANEOUS REMOVALS AND OTHER WORK L.S. 1.00 401.01000 TRAFFIC CONTROL L.S. 1.00 2030301 ROADWAY EXCAVATION (ROCK) CU.YD. 350.00 9240170 CONTRACTOR QUALITY CONTROL L.S. 1.00 9250001 CONSTRUCTION SURVEYING AND LAYOUT L.S. 1.00 ITEM NO. ITEM DESCRIPTION UNIT EST. QTY. UNIT PRICE TOTAL PRICE 100.40000 POST CONSTRUCTION PLANS L.S. 1.00 109.09000 MOBILIZATION/DEMOBILIZATION L.S. 1.00 215.01100 CHANNEL EXCAVATION CU.YD. 20.00 221.10000 GABION CU.YD. 60.00 222.10100 RIPRAP, D50=4" CU.YD. 70.00 350.50000 MISCELLANEOUS REMOVALS AND OTHER WORK L.S. 1.00 401.01000 TRAFFIC CONTROL L.S. 1.00 505.01100 MAG CLASS AA CONCRETE CU.YD. 25.00 2030301 ROADWAY EXCAVATION (ROCK) CU.YD. 150.00 9240170 CONTRACTOR QUALITY CONTROL L.S. 1.00 9250001 CONSTRUCTION SURVEYING AND LAYOUT L.S. 1.00 BID SCHEDULE Bid Addtiive Alternate No.1 (Formerly Bid Additive Alt. No.5) BID ADDITIVE ALTERNATE No.1 TOTAL: Base Bid (Formerly Bid Additive Alt. No.6) Base Bid TOTAL: 8 ITEM NO. ITEM DESCRIPTION UNIT EST. QTY. UNIT PRICE TOTAL PRICE 100.40000 POST CONSTRUCTION PLANS L.S. 1.00 109.09000 MOBILIZATION/DEMOBILIZATION L.S. 1.00 205.01150 ROADWAY EXCAVATION CU.YD. 20.00 301.01000 SUBGRADE PREPARATION SQ.YD. 525.00 310.03150 AGGREGATE BASE COURSE, 6" THICK TON 142.00 315.01010 BITUMINOUS PRIME COAT (MC-250) TON 1.00 321.01001 ASPHALT CONCRETE PAVEMENT (SUPERPAVE 1/2" MIX, LOW TRAFFIC) TON 62.00 340.01600 CONCRETE APRON AND VALLEY GUTTER, MAG DET 240 (MODIFIED) SQ.FT. 715.00 350.50000 MISCELLANEOUS REMOVALS AND OTHER WORK L.S. 1.00 401.01000 TRAFFIC CONTROL L.S. 1.00 2030301 ROADWAY EXCAVATION (ROCK) CU.YD. 150.00 9240170 CONTRACTOR QUALITY CONTROL L.S. 1.00 9250001 CONSTRUCTION SURVEYING AND LAYOUT L.S. 1.00 ITEM NO. ITEM DESCRIPTION UNIT EST. QTY. UNIT PRICE TOTAL PRICE 100.40000 POST CONSTRUCTION PLANS L.S. 1.00 109.09000 MOBILIZATION/DEMOBILIZATION L.S. 1.00 205.01150 ROADWAY EXCAVATION CU.YD. 10.00 301.01000 SUBGRADE PREPARATION SQ.YD. 225.00 310.03150 AGGREGATE BASE COURSE, 6" THICK TON 64.00 315.01010 BITUMINOUS PRIME COAT (MC-250) TON 0.50 321.01001 ASPHALT CONCRETE PAVEMENT (SUPERPAVE 1/2" MIX, LOW TRAFFIC) TON 28.00 350.50000 MISCELLANEOUS REMOVALS AND OTHER WORK L.S. 1.00 401.01000 TRAFFIC CONTROL L.S. 1.00 2030301 ROADWAY EXCAVATION (ROCK) CU.YD. 60.00 9240170 CONTRACTOR QUALITY CONTROL L.S. 1.00 9250001 CONSTRUCTION SURVEYING AND LAYOUT L.S. 1.00 BID ADDITIVE ALTERNATE No.3 TOTAL: BID ADDITIVE ALTERNATE No.2 TOTAL: Bid Addtiive Alternate No.3 (Formerly Bid Additive Alt. No.2) Bid Addtiive Alternate No.2 (Formerly Bid Additive Alt. No.3) PROJECT TOTAL: 9 80+ 00 8 1 + 0 0 8 1 + 8 1 30+00 31+00 32+00 33+00 34+00 34+22 9 + 5 2 6 + 0 0 7 + 0 0 9 + 0 0 7 0 + 0 0 7 1 + 0 0 7 1 + 9 0 6 0 + 0 0 6 1 + 0 0 6 2 + 0 0 6 2 + 1 4 10+ 00 11+ 00 12+ 00 13+ 00 14+ 00 15+ 00 16+00 16+44 9 1 + 0 0 5 0 + 0 0 5 1 + 0 0 5 2 + 0 0 5 3 + 0 0 5 5 + 0 0 27+4 5 21+00 22+00 23+00 24+00 25+00 26+00 2 + 0 0 2 + 9 6 B A S E B I D B I D A L T E R N A T E N o . 1 B A S E B I D B I D A L T E R N A T E N o . 4 S T A . 7 + 9 5 . 4 2 S T A . 5 4 + 0 0 . 0 0 B I D A L T E R N A T E N o . 1 B I D A L T E R N A T E N o . 3 B I D A L T E R N A T E N o . 3 B I D A L T E R N A T E N o . 2 B I D A L T E R N A T E N o . 2 R O M E R O S T . R O M E R O S T . R O M E R O S T . E S C A R G E G A S R D . E S C A R G E G A S R D . E S C A R G E G A S R D . C A R B A J A L S T . C A R B A J A L S T . C A R B A J A L S T . C A R B A J A L S T . A R V I Z U S T . A R V I Z U S T . V A R G A S S T . A R V A Y O R D . FIGUEROA RD. FIG U E R O A R D . TIN RD. 2 TIN RD. 2 TERAN RD. TERAN RD. TERAN RD. B I D A L T E R N A T E N o . 5 B I D A L T E R N A T E N o . 3 B A S E B I D B I D A L T E R N A T E N O . 6 B A S E B I D B I D A L T E R N A T E N O . 6 B A S E B I D B I D A L T E R N A T E N O . 6 B A S E B I D S T A . 7 + 9 5 . 4 2 S T A . 5 1 + 8 8 . 0 5 S T A . 7 + 6 5 . 6 4 L E G E N D B A S E B I D A L T E R N A T E B I D # 1 A L T E R N A T E B I D # 2 A L T E R N A T E B I D # 3 A L T E R N A T E B I D # 4 A L T E R N A T E B I D # 5 A L T E R N A T E B I D # 6 S c a l e : P r o j e c t N o : D a t e : D es ig ne d C he ck ed D ra w n Description Date Rev # Engineering Environmental SMA Surveying S h e e t :SOUDER, MILLER & ASSOCIATES Engineering ♦ Environmental ♦ Surveying Serving the Southwest & Rocky Mountains www.soudermiller.com Phone (505) 299-0942 Toll-Free (877) 299-0942 Fax (505) 293-3430 500 West Main Street Safford, AZ 85546 P : \ 9 - T i n T o w n D r a i n g e a n d R o a d D e s i g n ( 9 7 2 6 0 7 9 ) \ C N 9 7 2 6 0 7 9 T i n T o w n \ P l a n s \ 0 2 _ S h e e t s \ 9 7 2 6 0 7 9 _ P H M 0 1 . d w g , 1 / 1 7 / 2 0 1 9 3 : 1 0 : 5 9 P M A L M TIN TOWN DRAINAGE AND STREET IMPROVEMENTS PHASE II BID VICINITY MAP CITY OF BISBEE , TIN TOWN, AZ 1 " = 5 0 ' A R P S M A A L M J a n . 2 0 1 9 1 1 0 7 1 8 T T 2 1 1 B I D V I C I N I T Y M A P N T S 10 alm Engineer Constructed alm Engineer Constructed alm Engineer Constructed alm Engineer Base Bid alm Engineer Bid Additive Alt No.3 alm Engineer Bid Additive Alt No.2 alm Engineer Bid Additive Alt No.1 BID PROPOSAL FORM CITY OF BISBEE TIN TOWN STREETS and DRAINAGE PROJECT CONTRACT IDENTIFICATION AND NUMBER: CDBG #119-21 THIS BID IS SUBMITTED TO: The City of Bisbee, 76 Erie Street, Bisbee AZ 85603 BID OPENING: 3:00 p.m. on Monday, February 22, 2021 at: Public Works, 76 Erie Street, Bisbee AZ 85603 1. The undersigned bidder proposes and agrees, if this bid is accepted, to enter into an agreement with the City of Bisbee in the form included in the contract documents to perform and furnish all work as specified or indicated in the contract documents for the contract price and within the contract time indicated in this bid and in accordance with the other terms and conditions of the contract documents. 2. Bidder accepts all of the terms and conditions of the Invitation to Bid and Instructions to Bidders, including without limitation, those dealing with the disposition of bid security. This bid will remain subject to acceptance for thirty (30) days after the day of bid opening. Bidder will sign and submit the contract with the bonds and other documents required by the bidding requirements within ten (10) days after the date of Notice of Award. 3. In submitting this bid, bidder represents, as more fully set forth in the contract, that: a. Bidder has examined copies of all of the bidding documents and of the following Addenda (receipt of which is hereby acknowledged): Date Addendum Number _____________________ _____________________ _____________________ _____________________ _____________________ _____________________ b. Bidder has familiarized himself/herself with the nature and extent of the contract documents, work, site, locality and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the work. c. Bidder specifies that the firm will not discriminate against employees or applicants for employment pursuant to the Governor's Executive Order 2009-9 and all other applicable state and federal laws, regulations and Executive Orders. d. Bidder has studied carefully all reports and drawings of subsurface conditions and drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site. Bidder acknowledges that the City does not assume responsibility for the accuracy or completeness of information and data shown or 11 indicated in the bidding documents with respect to underground facilities at or contiguous to the site. Bidder has obtained and carefully studied (or assumes responsibility for having done so) all such additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and underground facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by bidder and safety precautions and programs incident thereto. Bidder does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the determination of this bid for performance and furnishing of the work in accordance with the times, price and other terms and conditions of the contract documents. e. Bidder has correlated the information known to the bidder, information and observations obtained from visits to the site, reports and drawings identified in the contract documents and all additional examinations, investigations, explorations, tests, studies and data with the contract documents. f. Bidder has provided the City written notice of all conflicts, errors, ambiguities or discrepancies that bidder has discovered in the contract documents and the written resolution thereof by City is acceptable to bidder and the contract documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the work for which this bid is submitted. g. This bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; bidder has not directly or indirectly induced or solicited any other bidder to submit a false or sham bid; bidder has not solicited or induced any person, firm or corporation to refrain from bidding; and bidder has not sought by collusion to obtain for himself/herself any advantage over any other bidder or over the City. 4. Bidder will complete the Base Bid work (Formerly Additive Alternative #6) in accordance with the contract documents for the following price: $_________________________________________________ (numbers) $__________________________________________________________________________ (words) Bidder will complete Additive Alternate #2 in accordance with the contract documents for the following price: 12 $_________________________________________________ (numbers) $__________________________________________________________________________ (words) Bidder will complete Additive Alternate #3 in accordance with the contract documents for the following price: $_________________________________________________ (numbers) $__________________________________________________________________________ (words) Bidder will complete Additive Alternate #5 in accordance with the contract documents for the following price: $_________________________________________________ (numbers) $__________________________________________________________________________ (words) 5. Bidder agrees that the work will be fully completed and ready for final payment within One Hundred and Eighty calendar days after the date when the contract time commences. 6. Bidder accepts the provisions of the contract as to liquidated damages of $500 per day for each consecutive calendar day in the event of failure to complete the work within the times specified in the contract. 7. The following documents are attached to and made a condition of this bid: 1. Required bid security in the form of __________________________________________ 2. Bid Proposal 3. Bid Schedule 4. Sub-contractor and Material Suppliers List 5. LS-2 Contractor's Certification Concerning Labor Standards and Prevailing Wage Requirements 6. Certifications 8. Communications concerning this bid shall be addressed to: Name: _____________________________________________________________ Address: _____________________________________________________________ Phone: _____________________________________________________________ Email: _____________________________________________________________ Submitted on (date): __________________________________________ 13 State Contractor License No: ___________________________________________ Contractor DUNS No: __________________________________________ If bidder is: An Individual By (Signature of Individual): Typed or Printed Name of Individual: (dba): Business Address: Phone Number: A Partnership By (Firm's Name): Signature of General Partner: Typed or Printed Name of General Partner: Business Address: Phone Number: A Corporation By (Corporation's Name): (Affix Seal) State of Incorporation: Signature of Authorized Signer: Typed or Printed Name of Authorized Signer: Business Address: Phone Number: 14 SUB-CONTRACTORS AND MATERIAL SUPPLIERS LIST The Contractor shall list below all qualified subcontractors and material suppliers for this project. Specialty Sub-contractor/Material Supplier Name License # 15 BID BOND THE CITY OF BISBEE TIN TOWN STREET and DRAINAGE PROJECT CDBG #119-21 (Penalty of this bond must not be less than 5% of the base bid amount plus alternate) KNOW ALL MEN BY THESE PRESENTS, That we, the undersigned, as Contractor, hereinafter called the Principal, and a corporation duly organized and existing under and by virtue of the laws of the State of Arizona and authorized to do business in the State of Arizona, as Surety, hereinafter called the Surety, are held and firmly bound unto the CITY OF BISBEE, Arizona as Owner in the penal sum of dollars ($ ) for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. The condition of this obligation is such, that whereas the Principal has submitted to the CITY OF BISBEE, the accompanying Bid Proposal, attached hereto and hereby made as part hereof to enter into a contract in writing for “Sealed Bids – Tin Town Street and Drainage Project, CDBG #119-21” and is hereinafter referred to as the Bid. NOW THEREFORE, if the Owner shall accept the Bid of the Principal and the Principal shall enter into a Contract with the Owner in accordance with the terms of such Bid, and give such bond or bonds as may be specified in the Bidding or Contract Document with good and sufficient Surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds if the Principal shall pay to the Owner the difference not to exceed the penalty hereof between the amount specified in said Bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said Bid, then the obligation shall be null and void, otherwise to remain in full force and effect. SIGNED AND SEALED THIS day of , 2021. Principal By Attest: Surety Title Attest By Title 16 CONTRACT AGREEMENT THIS AGREEMENT, entered into this _____________ day of __________, 2021, by and between the City of Bisbee, Cochise County, State of Arizona (hereinafter called the “CITY”) acting herein by Ken Budge, the Mayor of the City of Bisbee, hereunto duly authorized, and __________ (hereinafter called the “CONTRACTOR”) acting herein by ______________, President, hereunto authorized. WITNESSETH THAT: The CITY desires to engage the CONTRACTOR to render construction services for the Tintown Street and Drainage Project, CDBG Contract #119-21. NOW, THEREFORE the parties do mutually agree as follows: 1. Work CONTRACTOR shall complete all work as specified or indicated in the contract documents. The work is generally described as follows: Reconstruction of roads with an inverted crown to improve drainage, erosion control, and manhole adjustments in the Tintown neighborhood of Bisbee, Arizona. The streets portion will include removal of existing chip seal roads where applicable, subgrade preparation and approximately 8,025 square feet of new road surfacing with curb and valley gutters. There will also be an installation of a drainage channel at the southern drainage outlet with channel excavation, 60 cubic yards of gabion and 70 cubic yards of riprap. 2. Access to Information It is agreed that all information, data reports, records and plans necessary for carrying out the work outlined above have been furnished to the CONTRACTOR by the CITY and its agencies. CONTRACTOR hereby acknowledges receipt of same. No charge will be made to the CONTRACTOR for such information and the CITY and its agencies will cooperate with the CONTRACTOR in every way possible to facilitate the performance of the work described in the Contract and any addendum. 3. Project Manager - Administration The CITY has designated South Eastern Arizona Governments Organization (SEAGO) as administration project manager. SEAGO shall be empowered to perform all administrative functions as required for management of the project and verification of compliance with ADOH requirements. 4. Contract Times The base bid work will be completed and ready for final payment within one hundred and eighty (180) calendar days of the date in the Notice to Proceed. Additional time may be negotiated for awarded bid alternatives. 17 5. Liquidated Damages CITY and CONTRACTOR recognize that time is of the essence of this Agreement and that the CITY will suffer financial loss if the work is not completed within the time specified. They also recognize the delays, expense and difficulties involved in proving the actual loss suffered by the CITY if the work is not completed on time. Accordingly, instead of requiring any such proof, the CITY and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay the CITY $500.00 for each day that expires after the time specified for final completion until the work is complete and ready for final payment. 6. Compensation and Method of Payment The amount of compensation and reimbursement to be paid hereunder is: ________________Dollars ($.00), the total of the base bid. Originals of the Applications for Payment are to be submitted no later than the first day of the month to Alonzo L. Martinez, P.E., Project Engineer, Souder, Miller & Associates Engineering, 500 W. Main St., Safford, AZ 85546, www.soudermiller.com (928) 428-9141 (office) (575) 910-8400 (mobile). The Engineer shall review and verify the percentage, progress and quality of work completed. The Engineer will also submit a copy of the approved Application for Payment to: Keith Dennis, CDBG SEAGO Community Development Program Manager, at kdennis@seago.org. SEAGO shall verify compliant completion of all necessary documentation required by ADOH, including but not limited to, federal Labor Standards/Davis-Bacon Act. Should there be repeated non-compliance issues on the part of the CONTRACTOR, SEAGO is authorized to advise the CITY to withhold payment until the issues are resolved. The CITY and CONTRACTOR mutually agree that the CITY will make a progress payment based on the estimate of the work covered by the corresponding Application for Payment, subject to those conditions stipulated below and in other parts of the contract documents. The CITY will make payments in the amount equal to ninety percent (90%) of work completed (i.e. CITY will retain ten percent (10%) of each estimate as additional guarantee for complete performance of the work), less the aggregate of payments previously made and less such deductions as the CITY determines are appropriate to cover claims requiring a greater sum to be retained. Except as qualified above, upon final completion and acceptance of the work or designated part of the work on which separate final completion and acceptance and contract price are specified and upon compliance with other terms and conditions of the contract documents, payment may be made in full, including retainage withheld less such deductions as the CITY may withhold to cover claims requiring a greater sum to be retained and liquidated damages. 18 http://www.soudermiller.com/ mailto:kdennis@seago.org The CITY may deduct from each progress payment and final payment an amount equal to the CITY's estimate of the liquidated damages then due or that would become due based on the CITY's estimate of late completion of the work if CONTRACTOR fails to submit and implement a written schedule recovery plan describing the cause of schedule slippage or delayed progress and the actions proposed to recover schedule. 7. Indemnification a. CONTRACTOR shall comply with the requirements of all applicable laws, rules and regulations and shall exonerate, indemnify and hold harmless the CITY and its employees and officers, SEAGO and the State of Arizona Department of Housing (ADOH) [“Indemnified Parties”] from and for any violation caused by him and shall assume full responsibility for payment of federal, state and local taxes on contributions imposed or required under the Social Security, workers’ compensation and income tax laws. This section shall survive any termination of this Agreement. b. The CONTRACTOR shall indemnify, defend, and hold the Indemnified Parties harmless from any and all claims, demands, suits, actions, proceedings, loss cost, and damages of every kind and description, including any reasonable attorney’s fees and/or litigation expenses, which may be brought or made against the Contractor, its employees and officers, the Indemnified Parties, or any person, regardless of who makes the claim, to the extent they result from the acts of the Contractor, its employees, agents, representatives, or sub-contractors, their employees, agents or representatives in connection with or incidental to the performance of this Contract. The CONTRACTOR’S obligation under this Section shall not apply to any damages caused by the negligence of CITY or its employees. The indemnity provided in this Section shall survive termination of this Contract. Neither the contract amount, nor the minimum limits and types of insurance provided for, above, shall limit the scope and extent of indemnity hereunder. 8. Miscellaneous Provisions a. This Agreement shall be construed under and in accordance with the laws of the State of Arizona and all obligations of the parties created hereunder are performable in Cochise County, Arizona. Venue and jurisdiction for any conflict resolution proceding, formal or informal, shall occur in Cochise County, Arizona. b. This Agreement shall be binding upon and ensure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Agreement. c. In any case one (1) or more of the provisions contained in this Agreement shall, for any reason, be held to be invalid, illegal or unenforceable said holding shall not affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 19 d. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney’s fees, expert witness fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled. e. This Agreement may be amended only by mutual agreement of the parties hereto in writing to be attached to and incorporated into this Agreement. 9. Project Familiarity and Identification of Conflicts In order to induce the CITY to enter into this Agreement, CONTRACTOR makes the following representation: a. CONTRACTOR has familiarized himself/herself with the nature and extent of the contract documents, work, site, locality and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the work. b. CONTRACTOR has given the CITY a written notice of all conflicts, errors or discrepancies discovered in the contract documents and the written resolution thereof is acceptable to the CONTRACTOR. c. CONTRACTOR has examined and carefully studied the contract documents and other related data identified in the bidding documents including any “technical data”. d. CONTRACTOR is familiar with and satisfied as to all federal, state and local laws and regulations that may affect cost, progress, performance and furnishing of the work. 10. Insurance The CONTRACTOR shall purchase and maintain the herein stipulated minimum insurance with companies duly licensed, possessing a current A.M. Best, Inc. Rate of A10, or approved by CITY in its sole discretion and licensed to do business in the State of Arizona with policies and forms satisfactory to the CITY. All insurance required herein shall be maintained in full force and effect until all work or service required to be performed under the terms of the Contract is satisfactorily completed and formally accepted; failure to do so may, at the sole discretion of the CITY, constitute a material breach of this Contract. The CONTRACTOR’S insurance shall be primary insurance as respects the CITY, and any insurance or self-insurance maintained by the CITY shall not contribute to it. Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect coverage afforded under the insurance policies to protect the CITY. 20 The insurance policies, except Workers’ Compensation, shall contain a waiver of transfer rights of recovery (subrogation) against the CITY, its agents, officers, officials and employees for any claims arising out of the CONTRACTOR’s acts, errors, mistakes, omissions, work or service. The insurance policies may provide coverage which contains deductible or self-insured retentions. Such deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided to the CITY under such policies. The CONTRACTOR shall be solely responsible for the deductible and/or insured retention and the CITY, at its option, may require the CONTRACTOR to secure payment of such deductibles or self-insured retentions by a Surety Bond or an irrevocable and unconditional letter of credit. The CITY reserves the right to request and to receive, within ten (10) working days, certified copies of any or all of the herein required insurance policies and/or endorsements. The CITY shall not be obligated, however, to review same or to advise CONTRACTOR of any deficiencies in such policies and endorsements, and such receipt shall not relieve CONTRACTOR from, or be deemed a waiver of, the CITY’s rights to insist on strict fulfillment of CONTRACTOR’S obligations under this Contract. The insurance policies, except Workers’ Compensation and Professional Liability, required by this Contract, shall name the CITY OF BISBEE, it agents, officers, officials and employees as Additional Insured. REQUIRED COVERAGE Commercial General Liability CONTRACTOR shall maintain Commercial General Liability insurance with an unimpaired limit of not less than $2,000,000.00 for each occurrence with a $2,000,000.00 Products/Completed Operations Aggregate and a $2,000,000.00 General Aggregate Limit. The policy shall include coverage for bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage including, but not limited to, the liability assumed under the indemnification provisions of this Contract which coverage will be at least as broad as Insurance Service Office, Inc. Policy Form CG 0001 or any replacements thereof. The coverage shall not exclude X,C,U. Such policy shall contain a severability of interest provision, and shall not contain a sunset provision or commutation clause, or any provision which would serve to limit third party action over claims. The Commercial General Liability additional insured endorsement shall be at least as broad as the Insurance Service Office, Inc., Additional Insured, Form B, CG 20101185, and shall include coverage for CONTRACTOR’s operations and products and completed operations. Automobile Liability CONTRACTOR shall maintain Commercial/Business Automobile Liability insurance with a combined single limit for bodily injury and property damage of not less than $2,000,000.00 each occurrence with 21 respect to the CONTRACTOR’s any owned, hired, and non-owned vehicles assigned to or used in performance of the CONTRACTOR’s work. Coverage will be at least as broad as coverage code 1, “any auto”, (Insurance Service Office, Inc. Policy Form CA 0001, or any replacements thereof). Such insurance shall include coverage for loading and off-loading hazards. If hazardous substances, materials or wastes are to be transported, MCS 90 endorsement shall be included and $5,000,000.00 per accident limits for bodily injury and property damage shall apply. Workers’ Compensation The CONTRACTOR shall carry Workers’ Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of CONTRACTOR’s employees engaged in the performance of the work or services; and, Employer’s Liability insurance of not less than the statutory limits. In case any work is sub-contracted, the CONTRACTOR will require the Sub-Contractor to provide Workers’ Compensation and Employer’s Liability to at least the same extent as required of the CONTRACTOR. Certificates of Insurance Prior to commencing work or services under this Contract, CONTRACTOR shall furnish the CITY with Certificates of Insurance, or formal endorsements as required by the Contract, issued by CONTRACTOR’s insurer(s), as evidence that policies providing the required coverages, conditions and limits required by the Contract are in full force and effect. In the event any insurance policy(ies) required by this Contract, is(are) written on a “claims made” basis, coverage shall extend for two years past completion and acceptance of the CONTRACTOR’s work or services and as evidenced by annual Certificates of Insurance. If a policy does expire during the life of the Contract, a renewal certificate must be sent to the CITY fifteen (15) days prior to the expiration date. Cancellation and Expiration Notice Insurance required herein shall not expire, be cancelled, or materially changed without thirty (30) days prior written notice to the CITY. 11. Timely Submission of Labor Standard Forms All forms necessary for compliance with the Davis-Bacon Act shall be delivered to SEAGO prior to issuance of the Notice to Proceed and on a weekly basis during construction. 12. Contract Documents 22 The contract documents which comprise the entire agreement between the CITY and the CONTRACTOR concerning the work consist of the following: This Contract and Exhibit A, Terms and Conditions Specifications incorporated in the bidding documents Bidding documents including addenda acknowledged in CONTRACTOR bid Invitation to Bid Information for Bidders Bid Proposal Bid Bond Performance Bond Labor & Material Payment Bond List of Sub-Contractors Notice to Proceed LS-2 Contractor Certification LS-3 Sub-Contractor Certification Certifications Wage Rate Determination as provided in the Bid Document SLS Form B, Point of Contact Information Sheet SLS Form C, Professional Firm’s Sub-Firm’s Certification SLS Form E, Project Wage Rate Classifications and Additional Classifications LS-4, Weekly Payroll Reports LS-5, Statement of Compliance LS-7, Notice to All Employees Standard Form 1444, Request to Conform an Additional Classification LS-14, Fringe Benefits Documentation LS-15, Authorization for Deductions LS-17, Certification of Applicable Fringe Benefit Payments Non-Discrimination Poster EEO - Certification Poster EEO – It’s the Law Poster LS-9, Record of Employee Interviews LS-10, On-Site Inspection Report LS-11, Labor Standards Investigative Reports LS-12, Labor Standards Enforcement Report S3B-1, Section 3 Assurance S3B-2, Estimated Project Work Force Breakdown S3B-3, Section 3 Business Self-Certification S3P-1, JOBS! JOBS! JOBS! Section 3 Notice S3P-2, Preliminary Resident Eligibility Determination S3P-3, Employment Survey S3R-1, Notice Documentation S3R-2, Business Utilization Report S3R-3, Applicant and New Hire Employment Report 23 Environmental Conditions (if any are included) In the event of any conflict in the provision of these Contract Documents, these respective documents shall prevail. 13. Terms and Conditions This Agreement is subject to the provisions entitled “Terms and Conditions” attached hereto and incorporated by reference herein as Exhibit A. This Addendum shall be interpreted as if Exhibit A were printed in full herein. 14. Certifications This Agreement is subject to the provisions entitled “Certifications” which were submitted by the CONTRACTOR in the bid dated February 22, 2021 and are incorporated by reference herein and shall be interpreted as if the Certifications were printed in full herein. 15. Compliance with Immigration Laws and E-VERIFY Requirement. As mandated by Arizona Revised Statutes (“A.R.S.”) Section 41-4401, the CITY is prohibited from awarding a contract to any contractor or subcontractor that fails to comply with A.R.S. Section 23- 214(A). (That subsection reads: “After December 31, 2007, every employer, after hiring an employee, shall verify the employment eligibility of the employee through the E-Verify program.) The CITY must also ensure that every contractor and subcontractor complies with federal immigration laws and regulations that relate to their employees and A.R.S. Section 23-214(A). Therefore, in signing or performing any Contract (including this Agreement) for the CITY, the Contractor fully understands that: a. It warrants that both it and any subcontractors it may use comply with all federal immigration laws and regulations that relate to their employees and their compliance with A.R.S. Section 23- 214(A); b. A breach of the warranty regarding compliance with immigration laws and regulations shall be deemed a material breach of the Contract that is subject to penalties up to and including termination of the Contract; and c. The CITY or its designee retains the legal right to inspect the papers or 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). 17. No Boycott of Israel Pursuant to A.R.S. 35-393.01, CITY may not enter into a contract with a business to acquire services, unless the contract includes a written certification that the business is not currently engaged in, and agrees for the duration of the contract to not engage in, a boycott of Israel. By signing below, CONTRACTOR makes this certification. 24 18. Safety The safety requirements of the Occupational Safety and Health Act (29 U.S.C. Sections 651-678) as promulgated by the Federal government, and as implemented by the State of Arizona, apply to all work performed under this Contract. The Contractor will be solely responsible for implementing and enforcing the safety requirements of this Act at all times. 19. Retention of Records The Contractor shall retain all work materials and records relating to the performance of the Scope of Work of the Contract for a period of not less than three (3) years after the final payment is made under the Contract. 20. Independent Contractor It is clearly understood that CONTRACTOR will act in its individual capacity and not as an agent, employee, partner, joint venture, or associate of the CITY. No employee or agent of CONTRACTOR or CITY shall be deemed or construed to be the employee or agent of the other party for any purpose whatsoever. IN WITNESSETH HEREOF, the parties have hereunto set their hands and seals. Approved as to Form: The City of Bisbee _______________________________________ _______________________________________ James Ledbetter, City Attorney Ken Budge, Mayor ATTEST: CONTRACTOR: _______________________________________ _______________________________________ Ashlee Coronado, City Clerk , President (ATTACHED EXHIBIT “A” also to be SIGNED) 25 EXHIBIT A: TERMS AND CONDITIONS 1. Termination of Contract a. If, for any reason, the CONTRACTOR shall fail to fulfill in a timely and proper manner his/her obligations under this contract or if the CONTRACTOR shall violate any of the covenants, agreements or stipulations of this contract, the CITY shall thereupon have the right to terminate the contract by giving written notice to the CONTRACTOR of such termination and specifying the effective date thereof. In such event, all finished or unfinished site or structural improvements, as well as all materials or equipment acquired or stored by the CONTRACTOR under this contract shall, at the option of the CITY, become CITY’S property and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder. Notwithstanding the above, the CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of the contract by the CONTRACTOR and the CITY may withhold any payments to the CONTRACTOR for the purpose of set-off until such time as the exact amount of damages due the CITY from the CONTRACTOR is determined. b. The CITY may terminate this contract at any time by giving at least ten (10) days written notice to the CONTRACTOR. If the contract is terminated by the CITY as provided herein, the CONTRACTOR will be paid as provided in this Addendum for the time expended and expenses incurred up to the termination date. If this contract is terminated due to the fault of the CONTRACTOR, Paragraph 1.a hereof relative to termination shall apply. c. This contract may be terminated per A.R.S. §38-511, Conflict of Interest. 2. Sanction, Penalties and Debarment A breach of the Contract provisions concerning violations of federal labor standards may be grounds for termination of the Contract and result in sanctions, penalties including liquidated damages and/or debarment of the CONTRACTOR. 3. Changes The CITY may request changes in the scope of the services of the CONTRACTOR to be performed hereunder. Such changes, including any increase or decrease in the amount of the CONTRACTOR’s compensation, which are mutually agreed upon by and between the CITY and the CONTRACTOR, shall be incorporated in written amendments (Change Orders) to this contract. 26 4. Personnel a. The CONTRACTOR represents that he/she has, or will secure at his own expense, all personnel required in performing the services under this contract. Such personnel shall not be employees of or have any contractual relationship with the CITY. b. All of the services required hereunder will be performed by the CONTRACTOR or under his/her supervision and all personnel engaged in the work shall be fully qualified, authorized and permitted for such work under state and local law to perform such services. c. None of the work or services covered by this Contract shall be sub-contracted without the prior written approval of the CITY. Any work or services sub-contracted hereunder shall be specified by written contract or agreement and shall be subject to each provision of this Contract. 5. Assignability The CONTRACTOR shall not assign any interest on this Contract and shall not transfer any interest in the same, whether by assignment or novation, without the prior written consent of the CITY thereto: provided, however, that claims for money by the CONTRACTOR from the CITY under this Contract may be assigned to a bank, trust company or other financial institution without such approval. Written notice of any such assignment or transfer shall be furnished promptly to the CITY. 6. Reports and Information The CONTRACTOR, at such times and in such forms as the CITY may require, shall furnish the CITY such periodic reports as it may request pertaining to the work or services undertaken pursuant to this Contract, the costs and obligations incurred or to be incurred in connection therewith and any other matters covered by this Contract. 7. Records Maintenance and Retention The CONTRACTOR shall maintain accounts and records including personnel, property and financial records, adequate to identify and account for all costs pertaining to the Contract and such other records as may be deemed necessary by the CITY to assure proper accounting for all project funds, both federal and non-federal shares. These records will be retained for at least three (3) years following the grant contract closeout between ADOH and U.S. Department of Housing and Urban Development (HUD) unless permission to destroy them is granted in writing by the CITY. 27 8. Findings Confidential All of the reports, information, data, etc., prepared or assembled by the CONTRACTOR under this Contract are confidential and the CONTRACTOR agrees that they shall not be made available to any individual or organization without the prior written approval of the CITY, ADOH or HUD. 9. Copyright No report, plan, drawing or other documents produced in whole or in part under this Contract shall be the subject of an application for copyright by or on behalf of the CONTRACTOR. 10. Compliance with Local Laws The CONTRACTOR shall comply with all applicable laws, ordinances and codes of the state and local governments and the CONTRACTOR shall save the CITY harmless with respect to any damages arising from any tort done by the CONTRACTOR or representatives in performing any of the work embraced by this Contract. 11. Section 3 Compliance with the Provision of Training, Employment and Business Opportunities a. The work to be performed under this Contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 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. b. The parties to this Contract agree to comply with HUD’s regulations in 24 CFR part 135, which implement Section 3. As evidenced by their execution of this Contract, the parties to this Contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. c. The 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; the name 28 and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. d. The CONTRACTOR agrees to include this Section 3 clause in every sub-contract subject to compliance with regulations in 24 CFR part 135 and agrees to take appropriate action, as provided in an applicable provision of the Sub-Contractor in this Section 3 clause, upon a finding that the Sub-Contractor is in violation of the regulations in 24 CFR part 135. The CONTRACTOR will not sub-contract with any Sub-Contractor where the CONTRACTOR has notice or knowledge that the Sub-Contractor has been found in violation of the regulations in 24 CFR part 135. e. The CONTRACTOR will certify that any vacant employment positions, including training positions, that are filled: 1) after the CONTRACTOR is selected but before the contract is executed; and 2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the CONTRACTOR’s obligations under 24 CFR part 135. f. Noncompliance with HUD’s regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default and debarment or suspension from future HUD assisted contracts. g. 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: 1) preference and opportunities for training and employment shall be given to Indians; and 2) preference in the award of contracts and sub-contracts 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). 12. Interest of Members of a Governing Body No member of the governing body of the CITY and no other officer, employee or agent of the CITY who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct, or indirect, in this Contract and the CONTRACTOR shall take appropriate steps to assure compliance. 13. Interest of Other Local Public Officials No member of the governing body of the locality and no other public official of such locality who exercises any functions or responsibilities in connection with the planning and carrying 29 out of the program, shall have any personal financial interest, direct or indirect, in this Contract and the CONTRACTOR shall take appropriate steps to assure compliance. 14. Interest of CONTRACTOR and Employees The CONTRACTOR covenants that he/she presently has no interest and shall not acquire interest, direct or indirect, in the study area or any parcels therein or any other interest which would conflict in any manner or degree with the performance of his/her services hereunder. The CONTRACTOR further covenants that no person having any such interest shall be employed in the performance of this Contract. 15. Access for Persons with Disabilities In performing all construction CONTRACTOR agrees to comply with the 2010 ADA Standards for Accessible Design. CONTRACTOR represents that he understands said standard specifications and same are incorporated herein by this reference. 16. Clean Air Act, Clean Water Act The CONTRACTOR shall comply with all applicable standards, orders or requirements issued under Section 306 of the Clean Air Act (42 U.S.C. 7606), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738 and EPA regulations which prohibit the use of non-exempt federal contracts, grants or loans of facilities included on the EPA List of Violating Facilities. The provision requires reporting of violations to the USEPA Assistant Administrator for Enforcement. 17. 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. 18. Federal Labor Standards Provisions This Agreement is subject to the Federal Labor Standards Provisions, Davis-Bacon Act of 1931, contract Work Hours and Safety Standards Act of 1962, Copeland Act of 1934 and the Fair Labor Standards Act of 1939. The CONTRACTOR agrees to comply with the Federal Labor Standards Provisions (HUD Form 4010) which is incorporated by reference herein. The CONTRACTOR shall supply information to the CITY as necessary for monitoring of compliance to include, but not be limited to, submission of Labor Standard Forms included in the bid package, on-site inspections, investigations and/or enforcement by the CITY. The CONTRACTOR agrees to comply with Wage Rate Determination included in the bid package and incorporated by reference. 30 SEAGO will monitor compliance with such provisions and standards on behalf of the City of Bisbee. The successful bidder will be required at a minimum, to complete the following forms in order to comply. A brief explanation of the form and when the form is to be submitted to SEAGO is listed below. Should you have any questions concerning Federal Labor Standards or the forms to be submitted, please feel free to contact Keith Dennis, SEAGO, at kdennis@seago.org. LS2 CONTRACTOR’s Certification Concerning Labor Standards and Prevailing Wage Requirements A separate form is to be completed by the CONTRACTOR and submitted as a part of the bid package. LS3 Sub-Contractor’s Certification Concerning Labor Standards and Prevailing Wage Requirements This form is to be completed by each Sub-Contractor and submitted to SEAGO within ten (10) days of execution of the subcontract and a minimum of seven (7) days prior to the date the Sub-Contractor is scheduled to start work on site. LS4 Weekly Payroll Report This form is to be completed by each CONTRACTOR and Sub-Contractor weekly for the contract duration. Forms must be complete, correctly signed and submitted to SEAGO within seven (7) days of the end of the work week. Weekly Payroll Reports will be verified by SEAGO and ADOH to confirm payment of the required wages. The Weekly Payroll Reports must include all employees who have worked on the job site, including persons exempt from Davis-Bacon and Related Acts wage rate. Exempt persons are: a. Business Owners: This person must be listed in Section 5C of the LS2 or LS3 as an owner, partner or principal, owning at least a bona fide twenty percent (20%) equity interest in the business and must also be able to document the business via a tax ID number. This person must also be actively engaged in the business’s management and must not meet the Davis-Bacon definition of a “laborer or mechanic”. Relatives of the owner who are not listed in Section 5C must be paid Davis-Bacon and Related Acts wages. A Sub-Contractor who cannot document that the business is bona fide must be listed as an employee on the prime CONTRACTOR's Weekly Payroll Report. b. Apprentices: The CONTRACTOR/Sub-Contractor must provide written evidence of the registration of the program with the DOL Employment and Training 31 Administration (ETA), Office of Apprenticeship Training, Employer and Labor Services (OA) or a state apprenticeship agency recognized by the ETA/OA. For additional information concerning apprentices, please call SEAGO. c. Youth Employment: These individuals must be employed in a bona fide summer youth employment or opportunity program. d. Other: On-site but non-construction (non-hands on) superintendents, inspectors, engineers, watch persons, water carriers, messengers, clerical workers and working foremen who devote less than twenty percent (20%) of their time to construction work are exempt. If a foreman devotes more than twenty percent (20%) of his/her time to mechanic or laborer duties, they must be paid the applicable wage rate(s) for all hours worked. LS5 Statement of Compliance This form is the certification for the Payroll Form LS-4. A separate form is to be completed by each CONTRACTOR and SUB-CONTRACTOR weekly for the duration of the Contract. Forms must be complete and correct, signed by the appropriate person, and submitted to SEAGO WITH THE LS-4 within seven (7) days of the end of the work week. The LS-5 must list all deductions indicated on the LS-4 and must indicate whether the fringes were paid in cash or to an approved fringe benefit plan. The LS-5 must be signed in ink by the owner or officer as listed on the LS-2 or LS-3 or by an employee designated in writing by the owner/officer as authorized to sign. LS7 Notice to All Employees This notice must be posted on the job site prior to the start of construction and must remain posted during construction. LS15 Authorization for Deductions This form is to be completed by each CONTRACTOR and Sub-Contractor and is to be submitted to SEAGO one (1) week prior to the first payroll. Please note that each employee who authorizes payroll deductions for items other than standard state and federal taxes must sign the form. This form may be required again if changes in deductions occur during the construction period. The following information or action is also required in order to comply with Federal Labor Standards. 32 Verification of Fringe Benefit Plan If fringe benefits are not paid in cash, each CONTRACTOR and Sub-Contractor must submit verification of each fringe benefit plan at least one (1) week prior to the first payroll by submitting the following information: a. A copy of the most recent remittance statement from the company holding the fringe benefit plan such as a bank, union, etc. The remittance statement must verify the employees covered by the plan and the amount paid into the plan for each employee by the CONTRACTOR or Sub-Contractor. OR b. A letter addressed to SEAGO from each bank, union, etc. holding the fringe benefit plan. The letter must verify which employees are covered by the plan and the amount paid into the plan for each employee by the CONTRACTOR or Sub- Contractor. Pre-construction Conference The purpose of the pre-construction conference is to provide a forum for SEAGO, the CITY, CONTRACTOR and Sub-Contractors to discuss the technical nature of the construction project and all of the compliance requirements of the Contract. CONTRACTOR and Sub-Contractor representatives shall attend. It is very important that the person preparing the Weekly Payroll Sheets attend this conference as well. Notice Provisions The Federal Labor Standards Provisions as well as the General Wage Decision included in this bid package must be posted on site during construction as well as the Equal Opportunity Employment/Non-Discrimination Notice. All postings shall be clearly visible and easily accessible to employees. During construction, SEAGO will monitor compliance with the federal Labor Standards/Davis- Bacon. This monitoring shall include, but not be limited to, CONTRACTOR and Sub-Contractor employee interviews, on-site inspections, review of the weekly payroll, etc., as required. Copies of the LS forms to be completed during monitoring are available from SEAGO. 33 IN WITNESSETH HEREOF, the parties have hereunto set their hands and seals. Approved as to Form: The City of Bisbee _______________________________________ _______________________________________ James Ledbetter, City Attorney Ken Budge, Mayor ATTEST: CONTRACTOR: _______________________________________ _______________________________________ Ashlee Coronado, City Clerk , President 34 LABOR AND MATERIALS BOND STATUTORY PAYMENT BOND PURSUANT TO TITLE 34, CHAPTER 2, ARTICLE 2, OF THE ARIZONA REVISED STATUTES (Penalty of this bond must be 100% of the Contract amount) KNOW ALL MEN BY THESE PRESENTS: That, (hereinafter called the Principal), and , a corporation organized and existing under the laws of the State of , and duly licensed and possessing a certificate of authority to transact surety business in the State of Arizona, with its principal office in the ____________________, (hereinafter called the Surety) as Surety are held firmly bound unto the of (hereinafter called the Obligee) in the amount of dollars ($ ) for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, administrators, executors, successors, and assigns, jointly and severally firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee dated the day of , 2021, to construct the Tintown Street and Drainage Project, CDBG #119-21, which contract is ereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THE OBLIGATION IS SUCH, that if the Principal promptly pays all moneys due to all persons supplying labor or materials to the Principal or the Principal’s subcontractors in the prosecution of the work provided for in the contract, this obligation is void, otherwise it remains in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Title 34, Chapter 2, Article 2, of the Arizona Revised Statutes, and all liabilities on this bond shall be determined in accordance with the provisions, conditions and limitations of Title 34, Chapter 2, Article 2, Arizona Revised Statutes to the same extent as if it were copied at length in the Agreement. 35 The prevailing party in a suit on this bond shall recover as part of the judgment reasonable attorney fees that may be fixed by a judge of the court. Witness our hands this day of , 2021. PRINCIPAL SEAL AGENCY OF RECORD BY AGENCY ADDRESS SURETY BY 36 PERFORMANCE BOND STATUTORY PERFORMANCE BOND PURSUANT TO TITLE 34, CHAPTER 2, ARTICLE 2, OF THE ARIZONA REVISED STATUTES (Penalty of this bond must be 100% of the Contract amount) KNOW ALL MEN BY THESE PRESENTS: That, (hereinafter called the Principal), as Principal, and , a corporation organized and existing under the laws of the State of Arizona and duly licensed and possessing a certificate of authority to transact surety business in the State of with its principal office in __________ (hereinafter called the Surety) as Surety, are held firmly bound unto the of (hereinafter called the Obligee) in the amount of ($ ) for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors, and assigns, jointly, and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee dated the day of , 2021, to construct the Tintown Street and Drainage Project, CDBG #119-21, which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THE OBLIGATION IS SUCH, that if the Principal shall faithfully perform and fulfill all of the undertakings, covenants, terms, conditions, and agreements of the contract during the original term of the contract and any extension of the contract with or without notice to the Surety, and during the life of any guaranty required under the contract and also performs and fulfills all of the undertakings, covenants, terms, conditions, and agreements of all duly authorized modifications of the contract that may hereafter be made, notice of which modifications to the Surety being hereby waived; the above obligation is void. Otherwise it remains in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Title 34, Chapter 2, Article 2, Arizona Revised Statutes, and all liabilities on this bond shall be determined in accordance with the provisions of Title 34, Chapter 2, Article 2, Arizona Revises Statutes, to the extend as if were copied at length in this Agreement. 37 The prevailing party in a suit on this bond shall recover as part of the judgment reasonable attorney fees that may be fixed by a judge of the court. Witness our hands this day of , 2021. PRINCIPAL SEAL AGENCY OF RECORD BY AGENCY ADDRESS SURETY BY 38 NOTICE OF AWARD - CONSTRUCTION Date Address RE: NOTICE OF AWARD FOR CONSTRUCTION SERVICES FOR THE TINTOWN STREET and DRAINAGE PROJECT, CDBG #119-21. Dear , You are hereby notified that the City of Bisbee has awarded you the construction contract for the above-referenced CDBG project in the base bid amount of $ , and Bid Alternates #’s ____________for a total amount of $ . In order to comply with CDBG program requirements, time must be allotted for all participating firms to comment on or protest the City's decision. In the meantime, within 10 days of receiving this Notice of Award please: a. Return to the City of Bisbee, hereafter referred to as the OWNER, the enclosed two (2) Construction Agreements. All appropriate documents must be signed by the principals, and corporate seals affixed as appropriate. b. Deliver to the OWNER one (1) Performance Bond in the amount of the award. c. Deliver to the OWNER one (1) Labor and Material Payment Bond in the amount of the award. d. Deliver to the OWNER one (1) Certificate of Insurance. This must meet the minimum requirements in the contract, to include Worker's Compensation. Please ensure the OWNER is designated as additional insured. 39 e. The following forms from the Bid Document must be submitted to Keith Dennis, CDBG Community Development Program Manager, SEAGO, 1403 W. Hwy 92, Bisbee, AZ 85603 within ten (10) days of receipt of this letter: – a completed LS-3, CDBG Subcontractor’s Certification Form (one for each subcontractor, zip codes must include the last 4 digits, i.e. 85603-1800 and phones include Office, FAX, and Cell; – a completed SLS-B, Point of Contact Information Sheet (and one for each subcontractor); – a completed SLS-E (Project Wage Rate Classifications & Additional Classifications) Form. Please list all classifications required for the entire project, specifically those not listed in the Wage Rate Decision. Failure to comply with these conditions within the time specified will entitle the OWNER to consider your proposal abandoned and annul this Notice of Award. Within ten (10) days after you comply with the above-referenced conditions, the OWNER will return to you one (1) fully executed Contract. A Pre-Construction Conference is set for, ,at _____________________________, Bisbee, AZ. Congratulations, and we look forward to the successful completion of this project. If you require any other information, please contact Keith Dennis at SEAGO, kdennis@seago.org or at (520) 432-5301x 203. The City of Bisbee (OWNER) Theresa Coleman City Manager Enclosures: Contracts (2) C: SEAGO 40 NOTICE OF NON-AWARD – CONSTRUCTION SERVICES Date Contractor/Address Dear : RE: NOTICE OF NON-AWARD FOR CONSTRUCTION SERVICES FOR THE TINTOWN STREET and DRAINAGE PROJECT, CDBG #119-21. You are hereby notified that your bid for the above-mentioned CDBG project was considered. On behalf of the City of Bisbee, I regret to inform you that you have not been awarded the contract. However, we very much appreciate your participation. You have the right to protest the decision made by the City. If your firm wishes to protest either informally or formally, the deadline is within seventy-two (72) hours of bid award notification. All comments should be addressed to: Mr. Ken Budge, City Manager, City of Bisbee, 76 Erie Street Bisbee, AZ 85603, (520) 432-6014. Protests must contain at a minimum the name, address and telephone number of the protester, the signature of the protester or authorized representative, a detailed statement of legal and factual grounds of the protest including copies of relevant data, and the form of relief requested. Within three (3) business days of receipt, and after consultation with legal counsel, ADOH, or others, the City will respond to the protest. Additionally: • You MUST exhaust all administrative procedures with the City before you can appeal to the Department of Housing (ADOH), CDBG Program. • The ADOH's review of the City’s procurement process is limited to the 41 following. All other complaints/protests will be referred directly to the City:  Violations of the CDBG program rules ONLY.  Violations of the City's own protest procedures for failure to review a complaint or protest. In all instances of a protest, the City will disclose information to the CDBG Program regarding the protest. The City of Bisbee again thanks you for the submittal of your bid. Your Bid Bond is enclosed. Sincerely, Theresa Coleman, City Manager Enclosure C: SEAGO 42 NOTICE TO PROCEED – CONSTRUCTION Date Name of President/Owner Name of Company Address City, State Zip Code Dear : RE: NOTICE TO PROCEED – TINTOWN STREET and DRAINAGE PROJECT, CDBG #119-21. You are hereby notified to commence work on the above referenced project on or before , 2021, and shall substantially complete all of the work in accordance with the Contract within 180 consecutive calendar days thereafter, or by , 2021. The Contract provides for an assessment of the sum of $500 as liquidated damages for each consecutive calendar day after the above established contract completion date that the work remains incomplete. Please complete the acceptance portion of this notice and return it as soon as possible. We look forward to completing a successful project with you. Dated this day of , 2021. By: ______________________________ _ Jesus Haro, Public Works Director - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ACCEPTANCE OF NOTICE Receipt of the forgoing Notice to Proceed is hereby acknowledged this day of , 2021. By: Typed Name/Title Signature C: SEAGO 43 SECTION A ENVIRONMENTAL CONDITIONS CITY OF BISBEE TINTOWN STREET and DRAINAGE IMPROVEMENTS CDBG #119-21 44 City of Bisbee Tintown Steet and Drainage Project CDBG #119-21 ENVIRONMENTAL CONDITIONS 1. Mitigation Measures: a. Pursuant to ARS §41-865, if any remains or funerary objects are inadvertently uncovered as a result of this project, all work must cease within the area of the remains and the Curator of Archeology, Arizona State Museum (ASM), must be contacted immediately, as well as, notification made to other appropriate agencies. b. If any cultural features or deposits are encountered (i.e. village ruins or religious resources including burial grounds) during ground disturbance, work will cease and a qualified archaeologist will be consulted to evaluated the nature and significance of the find, as well as notification to the appropriate Tribes, State Historic Preservation Office, and ASM. c. Mitigation measures, as applicable, to reduce dust during construction of the project will be included in the construction contract, required by ADEQ, Air Quality Department: (1) Site Preparation and Construction – (a) minimize land disturbance; (b) suppress dust on traveled paths which are not paved through wetting down the area, using water trucks, chemical dust suppressants, or other reasonable precautions to prevent dust entering ambient air; (c) cover trucks when hauling soil; (d) minimize soil track-out by washing or cleaning truck wheels before leaving construction site; (e) stabilize the surface of soil piles, if not removed immediately; and (f) create windbreaks. (2) Site Restoration – (a) revegetate any disturbed land not used; (b) remove unused material; and (c) remove soil piles via covered trucks. (4) Follow the attached ADEQ Arizona Administrative Code for reducing dust during construction, demolition and earth moving activities. d. Mitigation measures to reduce noise during construction of the project are included in the construction contract. 2. Required Permits: All land disturbances of one acre or more require a Construction Stormwater Notice of Intent (NOI) permit from ADEQ, which must be filed on the Internet at http://az.gov/webapp/noi/main.do by the contractor before construction can begin. Per ADEQ, this project is subject to Cochise County Floodplain Regulations. 3. Endangered Species: It has been determined there will be no impact to endangered species. 4. Native Plant Protection: If this project results in the disturbance of over 0.25 acres of land, it will be subject to Arizona Native Plant Regulations. 45 http://az.gov/webapp/noi/main.do ATTACHMENT Arizona Department of State Office of the Secretary of State ARIZONA ADMINISTRATIVE CODE R18-2-604. Open Areas, Dry Washes, or Riverbeds A. No person shall cause, suffer, allow, or permit a building or its appurtenances, or building or subdivision site, or a driveway, or a parking area, or a vacant lot or sales lot, or an urban or suburban open area to be constructed, used, altered, repaired, demolished, cleared, or leveled, or the earth to be moved or excavated, without taking reasonable precautions to limit excessive amounts of particulate matter from becoming airborne. Dust and other types of air contaminants shall be kept to a minimum by good modern practices such as using an approved dust suppressant or adhesive soil stabilizer, paving, covering, landscaping, continuous wetting, detouring, barring access, or other acceptable means. B. No person shall cause, suffer, allow, or permit a vacant lot, or an urban or suburban open area, to be driven over or used by motor vehicles, trucks, cars, cycles, bikes, or buggies, or by animals such as horses, without taking reasonable precautions to limit excessive amounts of particulates from becoming airborne. Dust shall be kept to a minimum by using an approved dust suppressant, or adhesive soil stabilizer, or by paving, or by barring access to the property, or by other acceptable means. C. No person shall operate a motor vehicle for recreational purposes in a dry wash, riverbed or open area in such a way as to cause or contribute to visible dust emissions which then cross property lines into a residential, recreational, institutional, educational, retail sales, hotel or business premises. For purposes of this subsection “motor vehicles” shall include, but not be limited to trucks, cars, cycles, bikes, buggies and 3-wheelers. Any person who violated the provisions of this subsection shall be subject to prosecution under A.R.S.§ 49-463. Historical Note Adopted effective May 14, 1979 (Supp. 79-1). Former Section R9-3-604 renumbered without change as Section R18-2-604 (Supp. 87-3). Amended effective September 26, 1990 (Supp. 90-3). Former Section R18-2-604 renumbered to R18-2-804, new Section R18-2-604 renumbered from R18-2-404 and amended effective November 15, 1993 (Supp. 93-4). R18-2-605. Roadways and Streets A. No person shall cause, suffer, allow or permit the use, repair, construction or reconstruction of a roadway or alley without taking reasonable precautions to prevent excessive amounts of particulate matter from becoming airborne. Dust and other particulates shall be kept to a minimum by employing temporary paving, dust suppressants, wetting down, detouring or by other reasonable means. B. No person shall cause, suffer, allow or permit transportation of materials likely to give rise to airborne dust without taking reasonable precautions, such as wetting, applying dust suppressants, or covering the load, to prevent particulate matter from becoming airborne. Earth or other material that is deposited by trucking or earth moving equipment shall be removed from paved streets by the person responsible for such deposits. Historical Note Adopted effective May 14, 1979 (Supp. 79-1). Former Section R9-3-605 renumbered without change as Section R18-2-605 (Supp. 87-3). Amended effective September 26, 1990 (Supp. 90-3). Former Section R18-2-605 renumbered to R18-2-805, new Section R18-2-605 renumbered from R18-2-405 effective November 15, 1993 (Supp. 93-4). R18-2-606. Material Handling No person shall cause, suffer, allow or permit crushing, screening, handling, transporting or conveying of materials or other operations likely to result in significant amounts of airborne dust without taking reasonable precautions, such as the use of spray bars, wetting agents, dust suppressants, covering the load, and hoods to prevent excessive amounts of particulate matter from becoming airborne. Historical Note Section R18-2-606 renumbered from R18-2-406 effective November 15, 1993 (Supp. 93-4). R18-2-607. Storage Piles A. No person shall cause, suffer, allow, or permit organic or inorganic dust producing material to be stacked, piled, or otherwise stored without taking reasonable precautions such as chemical stabilization, wetting, or covering to prevent excessive amounts or particulate matter from becoming airborne. B. Stacking and reclaiming machinery utilized at storage piles shall be operated at all times with a minimum fall or material and in such manner, or with the use of spray bars and wetting agents, as to prevent excessive amounts of particulate matter from becoming airborne. 46 Arizona Administrative Code (Continued) Page 2 R18-2-804. Roadway and Site Cleaning Machinery A. No person shall cause, allow or permit to be emitted into the atmosphere from any roadway and site cleaning machinery smoke or dust for any period greater than 10 consecutive seconds, the opaCounty of which exceeds 40%. Visible emissions when starting cold equipment shall be exempt from this requirement for the first 10 minutes. B. In addition to complying with subsection (A), no person shall cause, allow or permit the cleaning of any site, roadway, or alley without taking reasonable precautions to prevent particulate matter from becoming airborne. Reasonable precautions may include applying dust suppressants. Earth or other material shall be removed from paved streets onto which earth or other material has been transported by trucking or earth moving equipment, erosion by water or by other means. Historical Note Adopted effective February 26, 1988 (Supp. 88-1). Amended effective September 26, 1990 (Supp. 90-3). Amended effective February 3, 1993 (Supp. 93-1). Former Section R18-2-804 renumbered to Section R18-2-904, new Section R18-2-804 renumbered from R18-2-604 effective November 15, 1993 (Supp. 93-4). 47 SECTION B CDBG COMPLIANCE BID DOCUMENT CITY OF BISBEE TINTOWN STREETS and DRAINAGE CDBG #119-21 (Includes Section 3 Requirements for contracts over $100,000) 48 SEAGO COMPLIANCE BID DOCUMENT SECTION I This section includes documents and certifications that MUST BE INCLUDED, FILLED OUT, AND/OR SIGNED AS PART OF THE CONTRACTOR/SUBCONTRACTOR BID SUBMITTAL OR AS STATED BELOW, in order for the bid to be considered responsive and eligible for award: Labor Standard (LS) Form 2, Contractor Certification – Determine Prime Contractor’s eligibility to work on federal-funded projects. Follow attached LS-2 Instructions, sign and submit with bid. Certifications – Required by federal law and must be completed, signed and submitted with bid: Regarding Lobbying Regarding Conflict of Interest Procurement of Recovered Materials Civil Rights Provision Section 503 Clause (Affirmative Action for Handicapped Workers) Access to Records and Records Retention Equal Employment Opportunity Federal Labor Standards Provisions Section 3 49 Arizona Department of Housing Grantee: City of Bisbee CDBG Contract No: 119-21 Activity No: 2 Activity Name: Tintown Streets & Drainage Project LS-2 CDBG CONTRACTOR'S CERTIFICATION CONCERNING LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS 1. I, the undersigned, am submitting a bid to (name of grantee): City of Bisbee for the construction of the (name of project): Tintown Streets & Drainage and hereby acknowledge that the following items are included in the bid and will also be incorporated by reference into the contract, should I be selected as the contractor for the project. a. Labor Standards Provisions (HUD 4010), b. Wage Decision __________________________________, that c. the correction of any infractions of the aforesaid conditions, including infractions by any of my subcontractors and any lower tier subcontractors, is my responsibility. 2. I hereby certify that: a. To the best of my knowledge, neither I nor any firm, partnership or association in which I have a substantial interest is 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 (29 CFR. 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 sub-contractor 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. 3. I agree to obtain and forward to the aforementioned grantee, a Subcontractor's Certification Concerning Labor Standards and Prevailing Wage Requirements executed by each and every subcontractor, preferably prior to or where circumstances do not allow within ten days after the execution of any subcontract, including those executed by his/her subcontractors and any lower tier subcontractors. 4. 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. 5. Further, I certify that: a. The demographic and business information of the undersigned are: Contractor Information Amount of Contract Type of Trade Code* Racial Code* His- panic Y/N Wo- men Owned Y/N IRS/Federal Tax ID # DUNS # Sec 3 Y/N Contractor Name Address City, State, Zip, Phone License No. $ *See Demographic and Trade Code table on next page for information LS-2.1 50 Demographic and Trade Codes Race Type of Trade Code 11 – White 1 – New Construction 12 – African America 2 – Substantial Rehab 13 – Asian 3 – Repair 14 – American Indian or Alaskan Native 4 – Service 15 – Native Hawaiian or other Pacific Islander 5 – Project Management 16 – American Indian or Alaskan Native and White 6 – Professional 17 – Asian and White 7 – Tenant Services 18 – African American and White 8 – Education Training 19 – American Indian or Alaskan Native and White 9 – Architecture/Engineering 20 – Other Multi-Racial 10 – Other b. The undersigned is: a sole proprietorship; a partnership; a corporation organized in the State of ;or another organization (describe) c. The name, title and address of the owners, partners or officers of the undersigned are: NAME TITLE ADDRESS d. The names and addresses of all other persons, both natural and corporate, having a substantial interest in the undersigned, and the nature of the interest, are: (Indicate if None) NAME TITLE NATURE OF INTEREST e. The names, addresses and trade classifications of all other building construction contractors in which the undersigned has a substantial interest are: (Indicate if None) NAME TITLE TRADE CLASSIFICATION 6. I hereby certify that I have the legal authority to complete and submit this document on behalf of: Name of Contractor: Signature (in ink) Type or Printed Name Title Date and Phones WARNING: U.S. Criminal Code, Section 1010, Title 18, U.S.C. provides in part: "Whoever...makes, passes, 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." LS-2.2 51 LS-2 INSTRUCTIONS & HIGHLIGHTS NOTICE OF AWARD WILL NOT BE ISSUED UNTIL the Contractor has been verified on www.Sam.gov as eligible to work on federally funded projects, by the Arizona Department of Housing (ADOH) or SouthEastern Arizona Governments Organization (SEAGO).  Contractor certifies that to the best of their knowledge they are eligible to work on federal- funded projects.  Contractor acknowledges that federal wage rates are included as part of this contract.  Contractor agrees to provide SEAGO a Subcontractor Certification (LS-3), for any subcontractor immediately upon hire.  Contractor acknowledges that should a subcontractor or any lower tier subcontractor be found ineligible to receive federal funds those costs will be subtracted from the amount billed to the Grantee.  Only the Owners/Principles listed on the LS-2 have signature authority on Labor Standard Forms. After contract award, the Owner/Principle can give signature authority to another individual to sign all remaining Labor Standard forms that may be required. The Owner/Principle must provide this authorization in writing to SEAGO. WARNING - Falsification of any statement on the LS-2 is punishable by a fine of not more than $5,000 or imprisonment of not more than two years or both! 52 http://www.sam.gov/ Arizona Department of Housing Grantee: City of Bisbee CDBG Contract No: 119-21 Activity No: 2 Activity Name: Tintown Streets & Drainage LS-3: SUB-CONTRACTOR'S CERTIFICATION CONCERNING LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS 1. I, the undersigned, having submitted a bid or having executed a contract with: (contractor or sub-contractor): ____________________________________________________________ for (name of project): ____________________________________________________________ for (nature of work): ____________________________________________________________ in the amount of $______________________________ certify that: a. The Labor Standards Provisions (HUD 4010) are included in the aforementioned contract or bid; b. Wage Decision #__________________________ are included in the aforementioned contract or bid. 2. I hereby certify that: a. To the best of my knowledge, neither I nor any firm, partnership or association in which I have a substantial interest, is 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 (29 CFR. 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 has been or will be sub-contracted to any sub- contractor, if such sub-contractor or firm, corporation, partnership or association in which such sub-contractor 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. 3. Further, I certify that: a. The demographic and business information of the undersigned are: Contractor Information Amount of Contract Type of Trade Code* Racial Code* Hispanic (Y/N) Women Owned (Y/N) IRS Tax ID # DUNS # Section 3 (Y/N) Construction Firm Legal Name Address, City, State, Zip AZ License # $ * See Demographic and Trade Code table below for information 53 Demographic and Trade Codes Race Type of Trade Code 11 White 1 New Construction 12 African American 2 Education/Training 13 Asian 3 Other (i.e. rehabilitation, administration, professional, public services) 14 American Indian or Alaskan Native 15 Native Hawaiian or other Pacific Islander 16 American Indian or Alaskan Native and White 17 Asian and White 18 African American and White 19 American Indian or Alaskan Native and White 20 Other Multi-racial b. The undersigned is: a sole proprietorship; a partnership; a corporation organized in the State of ______________________________; or another organization (describe) __________________________________________________ c. The name, title and address of the owners, partners or officers of the undersigned are (list any other legal names/doing business as (dba)): NAME TITLE ADDRESS d. The names and addresses of all other persons, both natural and corporate, having a substantial interest in the undersigned and the nature of the interest, are: (indicate if NONE) NAME ADDRESS NATURE OF INTEREST 54 e. The names, addresses and trade classifications of all other building construction contractors in which the undersigned has a substantial interest are: (indicate if NONE) NAME ADDRESS TRADE CLASSIFICATION 4. I hereby certify that I have the legal authority to complete and submit this document on behalf of: a. Name of Contractor: __________________________________________________________ b. Signature (in ink): __________________________________________________________ c. Typed or Printed Name: __________________________________________________________ d. Title: __________________________________________________________ e. Date: __________________________________________________________ WARNING: U.S. Criminal Code, Section 1010, Title 18, U.S.C. provides in part: “Whoever...makes, passes, utters or publishes any statement, knowing the same to be false...shall be fined under this title or imprisoned not more than two (2) years, or both.” 55 LS-3 INSTRUCTIONS & HIGHLIGHTS  Subcontractor certifies that to the best of their knowledge they are eligible to work on federal- funded projects.  Subcontractor acknowledges that federal wage rates are included as part of this contract.  Subcontractor agrees to provide the Contractor and SEAGO a Subcontractor Certification (LS-3), for any lower tier subcontractor immediately upon hire.  Only the Owners/Principles listed on the LS-3 have signature authority on Labor Standard Forms. After contract award, the Owner/Principle can give signature authority to another individual to sign all remaining Labor Standard forms that may be required. The Owner/Principle must provide this authorization in writing to SEAGO. WARNING - Falsification of any statement on the LS-3 is punishable by a fine of not more than $5,000 or imprisonment of not more than two years or both! 56 CERTIFICATIONS AND PROVISIONS City of Bisbee Tintown Streets & Drainage Project CDBG #119-21 This CONTRACT is fully or partially federally funded. Sign and submit with Bid. CIVIL RIGHTS The undersigned is fully aware that this contract is wholly or partially federally funded, and further, agrees to abide by the: Civil Rights Act of 1964, Title VI, as amended, that provides no