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HomeMy WebLinkAbout15800RESOLUTION NO. 15800 A RESOLUTION AWARDING A CONSTRUCTION CONTRACT IN THE AMOUNT OF $39,156.06 TO NUNEZ CONSTRUCTION, INC FOR PROJECT NO. 24-094, MITCHELL PARK SHELTER INSTALLATION, SETTING FORTH $7,831.21 FOR CONTINGENCIES, AND AUTHORIZING THE PURCHASING AGENT TO EXECUTE SAME WHEREAS, competitive bids for 24-094 Mitchell Park Shelter Installation have been received and examined; and, WHEREAS, the proposal of Nunez Construction, Inc was the lowest bid determined to be responsive, and the Committee of Awards recommends to the City Council that it authorizes Project No. 24-094 Mitchell Park Shelter Installation to be performed; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that SECTION 1. The City Council authorizes Project No. 24-094 Mitchell Park Shelter Installation to be performed, and the contract for said project is hereby awarded to Nunez Construction, Inc in the amount of $39,156.06. SECTION 2. The Purchasing Agent is hereby authorized to execute said contract on behalf of the City of Pueblo, a Colorado Municipal Corporation, and the City Clerk shall affix the seal of the City thereto and attest same. SECTION 3. In addition to the amount of the bid set forth, as aforementioned, an additional amount as stipulated in this section is hereby established for contingencies and additional work. SECTION 4. Funds in the amount of $46,987.27, for the contract and contingencies, shall be from account Project CD2014, Mitchell Park Shelter. SECTION 5. The officers of the City of Pueblo are authorized to perform any and all acts consistent with this Resolution to implement the policies and procedures described herein. SECTION 6. This Resolution shall become effective immediately upon passage and approval. INTRODUCED: October 28, 2024 BY: Regina Maestri MEMBER OF CITY COUNCIL APPROVED: __________________________ PRESIDENT OF CITY COUNCIL ATTESTED BY: ________________________ DEPUTY CITY CLERK City Clerk's Office Item # M2 Background Paper for Proposed Resolution COUNCIL MEETING DATE: October 28, 2024 TO: President Mark Aliff and Members of City Council CC: Mayor Heather Graham VIA: Marisa Stoller, City Clerk FROM: Andrew Hayes, Public Works Director SUBJECT: A RESOLUTION AWARDING A CONSTRUCTION CONTRACT IN THE AMOUNT OF $39,156.06 TO NUNEZ CONSTRUCTION, INC FOR PROJECT NO. 24-094, MITCHELL PARK SHELTER INSTALLATION, SETTING FORTH $7,831.21 FOR CONTINGENCIES, AND AUTHORIZING THE PURCHASING AGENT TO EXECUTE SAME SUMMARY: Attached is a resolution awarding a Construction Contract to Nunez Construction, Inc for Project No. 24-094 Mitchell Park Shelter Installation (CDBG). PREVIOUS COUNCIL ACTION: None. BACKGROUND: This project will consist of clearing and grubbing, unclassified excavation, importing of pre-purchased Poligon® Carnival metal shelter and (3) picnic tables, design/build electrical service to shelter, grading, topsoil/sod and other incidental items. This Resolution awards the construction contract to Nunez Construction, Inc. FINANCIAL IMPLICATIONS: Funds in the amount of $46,987.27 (contract and contingencies) will be paid from Project Account CD2014, Mitchell Park Shelter. BOARD/COMMISSION RECOMMENDATION None. STAKEHOLDER PROCESS: None. ALTERNATIVES: Denial of this resolution will cancel the project. RECOMMENDATION: Approval of the Resolution. ATTACHMENTS: 1. 24-094 Bid Summary NOTICE TO PROCEED Nunez Construction, Inc. 2328 N. Grand Ave. Pueblo, CO 81003 Ref: Bid No: 24-094 (CD2014) Bid Name: Mitchell Park Shelter Installation (CDBG) Sincerely, Andrew E. Hayes, P.E. Director of Public Works NOTICE OF AWARD October 30, 2024 Nunez Construction, Inc. 2328 N. Grand Ave. Pueblo, CO 81003 Ref:Bid No: 24-094 (CD2014) Bid Name:Mitchell Park Shelter Installation (CDBG) The City of Pueblo(City)hereby accepts your proposal submitted on October 9, 2024, for the construction of the referenced project. It appears that your proposal in the amount of $39,156.06for the Total Base Bid and Bid Alternate Nos. 1 and 2is fair, equitable, and in the best interest of the City. In accordance with the terms of the Contract Documents, you are required to execute the formal Contract Agreement within ten (10) business days from and including the date of this notice. The Proposal Guaranty submitted with your proposal will be returned upon execution of the Contract Agreement. In the event you should fail to execute the Contract Agreement within the time specified, said Proposal Guaranty will be retained by theCity as liquidated damages and not as penalty, for the delay and extra work caused thereby. Sincerely, Naomi Hedden Director of Purchasing City of Pueblo Purchasing Naomi Hedden, Director 230 S. Mechanic St., Pueblo, CO 81003 \[NUNEZ CONSTRUCTION, INC\] RESPONSE DOCUMENT REPORT IFB No. 24-094 (CD2014) Mitchell Park Shelter Installation (CDBG) RESPONSE DEADLINE: October 9, 2024 at 10:00 am Report Generated: Wednesday, October 9, 2024 Nunez Construction, Inc Response CONTACT INFORMATION Company: Nunez Construction, Inc Email: dnunezconst@yahoo.com Contact: Duane Nunez Address: 2328 N Grand Ave Pueblo, CO 81003 Phone: N/A Website: N/A Submission Date: Oct 8, 2024 8:13 PM (Mountain Time) \[NUNEZ CONSTRUCTION, INC\] RESPONSE DOCUMENT REPORT IFB No. 24-094 (CD2014) Mitchell Park Shelter Installation (CDBG) ADDENDA CONFIRMATION bƚ ğķķĻƓķğ źƭƭǒĻķ QUESTIONNAIRE 1.BID GUARANTEE* tğƭƭ To submit a bid bond - Please download the document provided below, complete, and upload. To submit a certified check, cashier's check, or money order - Please scan and upload a copy of your check or money order. The original check or money order must be delivered to the Purchasing Department in person or via mail by the bid submittal deadline date. If sending by mail the envelope must be addressed to: City of Pueblo Purchasing Department 230 S. Mechanic Street Pueblo, CO 81003 The Bid Number and Name must be listed clearly on the outside of the envelope. Bid_Bond.pdf BID_BOND.pdf 2.CONFIRMATION OF UNDERSTANDING AND OFFER* Bidders are responsible for obtaining, reading, and carefully examining the entire Contract Documents package, including any Addenda, prior to submitting a bid. ConfirƒźƓŭ ĬĻƌƚǞ Ǟźƌƌ ƭĻƩǝĻ ğƭ ƷŷĻ .źķķĻƩ͸ƭ ğĭƉƓowledgement of understanding and ability to \[NUNEZ CONSTRUCTION, INC\] RESPONSE DOCUMENT REPORT Public Improvement Invitation for Bid - Mitchell Park Shelter Installation (CDBG) Page 2 \[NUNEZ CONSTRUCTION, INC\] RESPONSE DOCUMENT REPORT IFB No. 24-094 (CD2014) Mitchell Park Shelter Installation (CDBG) comply with all requirements and conditions of this project and that all mandatory submittals are included in this bid proposal. Confirmation must be made by an agent who is legally authorized to bind the company. By confirming below Bidder hereby proposes to furnish all labor, materials, tools, equipment, and all utility/transportation services necessary to perform and complete, in an industry acceptable and professional manner, construction in accordance with the plans and specifications as prepared by or for the City of Pueblo, Colorado, for the sums set forth in the pricing schedule. The Contract shall be awarded to the responsible bidder submitting the lowest and most responsive bid on the basis of the Total Base Bid plus any Bid Alternates selected. Award shall be at the sole discretion of the City. The sum of the Total Base Bid plus all Bid Alternates shall be the basis for establishing the Bid Bond amount. The sum of the Total Base Bid plus any Bid Alternates selected by the City shall be the basis for establishing the amount of the Payment and Performance Bonds for this Contract. Quantities shown on the pricing schedule are subject to additions or reductions. The City reserves the right to adjust the required quantities as necessary. Additional quantities shall be furnished by Bidder at the unit price quoted. The time allowed for construction shall be adjusted in direct proportion to the difference of the adjusted quantities to the estimated quantities. By confirming below Bidder acknowledges that they have examined the quantities shown against the plans and specifications and accepts the said quantities as substantially correct, both as to classification and amount, and as correctly listing the work to be ĭƚƒƦƌĻƷĻķ͵ 5ƚǞƓƌƚğķĻķ ƦƌğƓƭΉķƩğǞźƓŭƭ ƒǒƭƷ ĬĻ ƦƩźƓƷĻķ ğƭ ͻ!ĭƷǒğƌ {źǩĻͼͳ ƭĭğƌźƓŭ źƭ bh ĭƚƩƩĻĭƷ Ǟŷen printed using other options. It is ƷŷĻ .źķķĻƩ͸ƭ ƭƚƌĻ ƩĻƭƦƚƓƭźĬźƌźƷǤ Ʒƚ ĻƓƭǒƩĻ plans are printed correctly and to inform third-party printers of this information. The City is not responsible for bidding erroƩƭ ƩĻƭǒƌƷźƓŭ ŅƩƚƒ .źķķĻƩ͸ƭ Ņğźƌǒre to follow this requirement. The Bidder, if awarded the Contract, agrees to complete and file the Contract Agreement and Payment and Performance Bonds within ten (10) days of the date of Notice of Award, and further agrees to complete the work within 30 calendar days from Notice to Proceed. Liquidated damages will be assessed in accordance with the GENERAL PROVISIONS. Bidders shall not add any conditions or qualifying statements to this bid. If such items are added the bid may be declared nonresponsive and rejected. Bidder shall be subject to all applicable City, County, State, and Federal Taxes in the performance of this Contract. \[NUNEZ CONSTRUCTION, INC\] RESPONSE DOCUMENT REPORT Public Improvement Invitation for Bid - Mitchell Park Shelter Installation (CDBG) Page 3 \[NUNEZ CONSTRUCTION, INC\] RESPONSE DOCUMENT REPORT IFB No. 24-094 (CD2014) Mitchell Park Shelter Installation (CDBG) Confirmed 3.NAME, TITLE, AND CONTACT INFORMATION* tğƭƭ Enter the Name, Title, and Contact Information, including phone number and email address, of the person providing the Confirmation of Understanding and Offer. Duane Nunez, President, 719-252-6169, dnunezconst@yahoo.com 4.SAM.gov REGISTRATION* tğƭƭ Upload documentation of active SAM.gov registration with no active exclusions. EntityInformation_20241007-075331.pdf 5.ACKNOWLEDGEMENTS AFFIRMATIVE ACTION PLAN REQUIREMENT:* tğƭƭ In accordance with LABOR PROVISIONS , Section 2: Nondiscrimination and Equal Employment Opportunity Requirements, the bidder hereby acknowledges that they have a written affirmative action plan which declares that the Contractor and its Subcontractor(s) do not discriminate on the basis of race, color, religion, creed, national origin, sex or age. Bidder further understands that the written plan must be submitted to the City of Pueblo Purchasing Department (and the applicable federal agency in the case of Federally funded projects) within ten (10) days of the award of contract. Neither the receipt by the City of this completed form, nor of any Affirmative Action Plan submitted by any bidder, contractor, or subcontractor, shall constitute any determination by the City of the adequacy of any Affirmative Action Plan. Please confirm your acknowledgment of the above statement: Confirmed \[NUNEZ CONSTRUCTION, INC\] RESPONSE DOCUMENT REPORT Public Improvement Invitation for Bid - Mitchell Park Shelter Installation (CDBG) Page 4 \[NUNEZ CONSTRUCTION, INC\] RESPONSE DOCUMENT REPORT IFB No. 24-094 (CD2014) Mitchell Park Shelter Installation (CDBG) INSURANCE REQUIREMENTS* tğƭƭ Bidder hereby acknowledges understanding of the insurance requirements as set forth in GENERAL PROVISIONS, INDEMNITY AND INSURANCE: CONTRACTOR'S INSURANCE and certifies that they are in compliance with these requirements or will be upon award. Please confirm your acknowledgment of the above statement: Confirmed COLORADO LABOR REQUIREMENT:* tğƭƭ The bidder named below hereby acknowledges understanding of the Colorado labor requirement as set forth in GENERAL PROVISIONS, CONTRACTOR'S WORKING CONDITIONS: LABOR, sub-paragraph (b) and certifies that they are in compliance with this provision or will be upon award. Please confirm your acknowledgment of the above statement: Confirmed ACKNOWLEDGEMENT OF PREVAILING WAGES & ADDITIONAL WAGE CLASSIFICATION RESPONSIBILITY* tğƭƭ By submitting a bid for this project, the Contractor certifies and affirms the following (check appropriate options): I have the authority to sign on behalf of the company contracting for this project. I have reviewed the wage decision provided within the project specifications and find that it is the most current wage determination published by the U.S. Department of Labor for the proposed project scale in our locale. I acknowledge that the wage decision provided with the project specifications may not include all of the trades or categories of labor necessary to complete the project. I acknowledge that the Contractor is responsible for determining whether additional classifications are necessary. \[NUNEZ CONSTRUCTION, INC\] RESPONSE DOCUMENT REPORT Public Improvement Invitation for Bid - Mitchell Park Shelter Installation (CDBG) Page 5 \[NUNEZ CONSTRUCTION, INC\] RESPONSE DOCUMENT REPORT IFB No. 24-094 (CD2014) Mitchell Park Shelter Installation (CDBG) L ğĭƉƓƚǞƌĻķŭĻ ƷŷğƷ źƷ źƭ ƷŷĻ /ƚƓƷƩğĭƷƚƩ͸ƭ ƭƚƌĻ ƩĻƭƦƚƓƭźĬźƌźƷǤ Ʒƚ pay prevailing wages for the project, and barring due process allowed by the U.S. Department of Labor (DOL), the Contractor will bear, solely, the additional cost, if any, as a result of the DOL wage determination for the additional classifications required to complete the original scope of project. CERTIFICATION OF NONSEGREGATED FACILITIES* tğƭƭ By submitting a bid, Contractor certifies that segregated facilities are not, and will not be, maintained or provided for employees at ğƓǤ ƚŅ /ƚƓƷƩğĭƷƚƩ͸ƭ ĻƭƷğĬƌźƭŷƒĻƓƷƭͲ ğƓķ ƷŷğƷ ĻƒƦƌƚǤĻĻƭ ğƩĻ ƓƚƷͲ and will not be, permitted to perform their services at any location, ǒƓķĻƩ /ƚƓƷƩğĭƷƚƩ͸ƭ ĭƚƓƷƩƚƌͲ ǞŷĻƩĻ ƭĻŭƩĻŭğƷĻķ ŅğĭźƌźƷźĻƭ ğƩĻ ƒğźƓƷğźƓĻķ͵ Contractor agrees that a breach of this certification is a violation of the Equal Opportunity clause of this contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or national origin, because of habit, local custom, or otherwise. Contractor further agrees that identical certifications from proposed subcontractors will be obtained prior to the award of subcontracts exceeding $10,000, which are not exempt from the provisions of the Equal Opportunity clause; that he will retain copies of such certifications; and that he will forward the following notice to such proposed subcontractors: Notice to Prospective Subcontractors of Requirement for Certifications of Nonsegregated Facilities A Certification of Nonsegregated Facilities, as required by the May 9, 1967, order (32 F.R. 7439, May 19, 1967) on Elimination of Segregated Facilities by the Secretary of Labor, must be submitted prior to the award of a subcontract exceeding $10,000, which is not exempt from the provisions of the Equal Opportunity clause. The certification may be submitted either for each subcontract or for all subcontracts during a period (i.e., quarterly, semiannually, or annually). NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. Confirmed SALES AND/OR USE TAX INFORMATION* \[NUNEZ CONSTRUCTION, INC\] RESPONSE DOCUMENT REPORT Public Improvement Invitation for Bid - Mitchell Park Shelter Installation (CDBG) Page 6 \[NUNEZ CONSTRUCTION, INC\] RESPONSE DOCUMENT REPORT IFB No. 24-094 (CD2014) Mitchell Park Shelter Installation (CDBG) tğƭƭ CITY OF PUEBLO SALES OR USE TAX Α The Contractor and any Subcontractors shall pay all applicable City of Pueblo Sales or Use taxes. All General Contractors and Subcontractors are mandated to be licensed with the City of Pueblo Sales Tax Office. Please refer any questions on City Sales or Use Taxes to the City of Pueblo, Department of Finance. Their telephone number is (719) 553-2659. Please note, there are NO tax-exempt projects within the City of Pueblo. STATE OF COLORADO SALES OR USE TAX Α The exemption of building materials from State Sales or Use Tax in Colorado Revised Statutes applies only to the State of Colorado Sales or Use Taxes. Please refer any questions on State Taxes to the State of Colorado, Department of Revenue. PUEBLO COUNTY SALES OR USE TAX Α The State of Colorado collects all sales or use tax for the County of Pueblo; therefore, any exemption allowed by the State applies to the County. Please confirm you acknowledge the above statements: Confirmed 6.Has/is this firm or any officer or partner of this firm: CONVICTED OF A CRIMINAL OFFENSE* tğƭƭ Been convicted of a criminal offense as an incident to obtaining or attempting to obtain a public or private contract or subcontract or in the performance of such contract or subcontract? No CONVICTED UNDER STATE OR FEDERAL STATUTES* \[NUNEZ CONSTRUCTION, INC\] RESPONSE DOCUMENT REPORT Public Improvement Invitation for Bid - Mitchell Park Shelter Installation (CDBG) Page 7 \[NUNEZ CONSTRUCTION, INC\] RESPONSE DOCUMENT REPORT IFB No. 24-094 (CD2014) Mitchell Park Shelter Installation (CDBG) tğƭƭ Been convicted under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity or honesty which directly affects responsibility as a City contractor? No CONVICTED UNDER STATE OR FEDERAL ANTITRUST STATUTES* tğƭƭ Been convicted under state or federal antitrust statutes arising out of the submission of bids or proposals? No FAILED TO PERFORM* tğƭƭ Failed to perform or unsatisfactorily performed in accordance with the terms of one (1) or more contracts with public or private entities within the previous five (5) years? No SUSPENSION OR DEBARMENT* tğƭƭ Currently under suspension or debarment by the City or any other governmental entity which is based upon a settlement agreement or a final administrative or judicial determination issued by a federal, state, or local governmental entity? No UNQUALIFIED* tğƭƭ \[NUNEZ CONSTRUCTION, INC\] RESPONSE DOCUMENT REPORT Public Improvement Invitation for Bid - Mitchell Park Shelter Installation (CDBG) Page 8 \[NUNEZ CONSTRUCTION, INC\] RESPONSE DOCUMENT REPORT IFB No. 24-094 (CD2014) Mitchell Park Shelter Installation (CDBG) Unqualified or financially unable to timely perform the work? No UNLICENSED * tğƭƭ Unlicensed or unable to be duly licensed to perform the work on the date of the contract award? No DELINQUENT* tğƭƭ Delinquent in making payment of any City taxes for which the tax liability has been finally determined and no further right of appeal exists? No CONFIRMATION * tğƭƭ By acknowledging and confirming below Bidder affirms that all answers to the above questions are true and binding. If the City finds verifiable information from another source that conflicts with the responses providĻķͲ .źķķĻƩ͸ƭ ƭǒĬƒźƷƷğƌ Ǟźƌƌ ĬĻ ƩĻƆĻĭƷĻķ͵ Please confirm your acknowledgment of the above statement and questions/sub-questions: Confirmed 7.Section 3 Forms SECTION 3 FORM S3A SECTION 3 COMPLIANCE* tğƭƭ \[NUNEZ CONSTRUCTION, INC\] RESPONSE DOCUMENT REPORT Public Improvement Invitation for Bid - Mitchell Park Shelter Installation (CDBG) Page 9 \[NUNEZ CONSTRUCTION, INC\] RESPONSE DOCUMENT REPORT IFB No. 24-094 (CD2014) Mitchell Park Shelter Installation (CDBG) Please download the below documents, complete, and upload. Form_S3a_Section_3_Complian... Form_S3a_Mitchell_Park.pdf SECTION 3 FORM S3E BUSINESS CERTIFICATION* tğƭƭ Please download the document below, complete, and upload if you are a Section 3 Business. If not a Section 3 Business, please mark form N/A and upload. Form_S3e_Section_3_Business... ADA_2_(1).pdf PRICE TABLES BASE BID Line Item Description Quantity Unit of Unit Cost Total Measure 1 Clear and Grub 1,250 SF $2.61 $3,262.50 2 Remove Concrete 70 SF $3.08 $215.60 3 Unclassified Excavation 7 CY $41.46 $290.22 4 Install Structural Fill, Class 6 35 TON $45.10 $1,578.50 5 Construct 4" Concrete 167 SF $4.83 $806.61 6 Construct 6" Concrete Shelter Pad 576 SF $6.98 $4,020.48 \[NUNEZ CONSTRUCTION, INC\] RESPONSE DOCUMENT REPORT Public Improvement Invitation for Bid - Mitchell Park Shelter Installation (CDBG) Page 10 \[NUNEZ CONSTRUCTION, INC\] RESPONSE DOCUMENT REPORT IFB No. 24-094 (CD2014) Mitchell Park Shelter Installation (CDBG) Line Item Description Quantity Unit of Unit Cost Total Measure 7 Install Poligon 20'x20' Carnival Shelter 1 LS $7,538.21 $7,538.21 8 Install Picnic Tables 3 EA $1,705.90 $5,117.70 9 Relocate Irrigation System 1 LS $1,184.50 $1,184.50 10 Install Topsoil 8 TON $37.58 $300.64 11 Install Sod 584 SF $3.38 $1,973.92 12 Erosion/Sediment Control 1 LS $2,073.80 $2,073.80 13 Traffic/Pedestrian Control 1 LS $1,244.28 $1,244.28 14 Mobilization 1 LS $5,184.50 $5,184.50 TOTAL $34,791.46 BID ALTERNATE NO. 1 Line Item Description Quantity Unit of Unit Cost Total Measure 15 Install Electrical Service to Shelter 1 LS $1,555.35 $1,555.35 TOTAL $1,555.35 BID ALTERNATE NO. 2 \[NUNEZ CONSTRUCTION, INC\] RESPONSE DOCUMENT REPORT Public Improvement Invitation for Bid - Mitchell Park Shelter Installation (CDBG) Page 11 \[NUNEZ CONSTRUCTION, INC\] RESPONSE DOCUMENT REPORT IFB No. 24-094 (CD2014) Mitchell Park Shelter Installation (CDBG) Line Item Description Quantity Unit of Unit Cost Total Measure 16 Clear and Grub 425 SF $2.61 $1,109.25 17 Construct 4" Concrete 425 SF $4.00 $1,700.00 TOTAL $2,809.25 \[NUNEZ CONSTRUCTION, INC\] RESPONSE DOCUMENT REPORT Public Improvement Invitation for Bid - Mitchell Park Shelter Installation (CDBG) Page 12 Last updated by Duane Nunez on Nov 03, 2023 at 04:40 PMNUNEZ CONSTRUCTION INC NUNEZ CONSTRUCTION INC Unique Entity IDCAGE / NCAGEPurpose of Registration J1T4NHSMXNS57V6D8All Awards Registration StatusExpiration Date Active RegistrationNov 2, 2024 Physical AddressMailing Address 10 Audubon CIR 10 Audubon CIR. Pueblo, Colorado 81003-3901Pueblo, Colorado 81003 United StatesUnited States Business Information Doing Business asDivision NameDivision Number (blank)(blank)(blank) Congressional DistrictState / Country of IncorporationURL Colorado 03Colorado / United States(blank) Registration Dates Activation DateSubmission DateInitial Registration Date Nov 7, 2023Nov 3, 2023Apr 27, 2017 Entity Dates Entity Start DateFiscal Year End Close Date Apr 16, 2004Dec 31 Immediate Owner CAGELegal Business Name (blank)(blank) Highest Level Owner CAGELegal Business Name (blank)(blank) Executive Compensation In your business or organization's preceding completed fiscal year, did your business or organization (the legal entity to which this specific SAM record, represented by a Unique Entity ID, belongs) receive both of the following: 1. 80 percent or more of your annual gross revenues in U.S. federal contracts, subcontracts, loans, grants, subgrants, and/or cooperative agreements and 2. $25,000,000 or more in annual gross revenues from U.S. federal contracts, subcontracts, loans, grants, subgrants, and/or cooperative agreements? No Does the public have access to information about the compensation of the senior executives in your business or organization (the legal entity to which this specific SAM record, represented by a Unique Entity ID, belongs) through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986? Not Selected Proceedings Questions Is your business or organization, as represented by the Unique Entity ID on this entity registration, responding to a Federal procurement opportunity that contains the provision at FAR 52.209-7, subject to the clause in FAR 52.209-9 in a current Federal contract, or applying for a Federal grant opportunity which contains the award term and condition described in 2 C.F.R. 200 Appendix XII? No Does your business or organization, as represented by the Unique Entity ID on this specific SAM record, have current active Federal contracts and/or grants with total value (including any exercised/unexercised options) greater than $10,000,000? Not Selected Within the last five years, had the business or organization (represented by the Unique Entity ID on this specific SAM record) and/or any of its principals, in connection with the award to or performance by the business or organization of a Federal contract or grant, been the subject of a Federal or State (1) criminal proceeding resulting in a conviction or other acknowledgment of fault; (2) civil proceeding resulting in a finding of fault with a monetary fine, penalty, reimbursement, restitution, and/or damages greater than $5,000, or other acknowledgment of fault; and/or (3) administrative proceeding resulting in a finding of fault with either a monetary fine or penalty greater than $5,000 or reimbursement, restitution, or damages greater than $100,000, or other acknowledgment of fault? Not Selected Exclusion Summary Oct 08, 2024 01:53:43 AM GMT https://sam.gov/entity/J1T4NHSMXNS5/coreData?status=nullPage 1 of 3 Last updated by Duane Nunez on Nov 03, 2023 at 04:40 PMNUNEZ CONSTRUCTION INC Active Exclusions Records? No SAM Search Authorization I authorize my entity's non-sensitive information to be displayed in SAM public search results: Yes Entity Types Business Types Entity StructureEntity TypeOrganization Factors Corporate Entity (Not Tax Exempt)Business or Organization(blank) Profit Structure For Profit Organization Socio-Economic Types Minority-Owned Business Self Certified Small Disadvantaged Business Hispanic American Owned Check the registrant's Reps & Certs, if present, under FAR 52.212-3 or FAR 52.219-1 to determine if the entity is an SBA-certified HUBZone small business concern. Additional small business information may be found in the SBA's Dynamic Small Business Search if the entity completed the SBA supplemental pages during registration. Financial Information Accepts Credit Card PaymentsDebt Subject To Offset YesNo EFT IndicatorCAGE Code 00007V6D8 Electronic Funds Transfer Account TypeRouting NumberLock Box Number Checking*******68(blank) Financial InstitutionAccount Number PUEBLO BANK AND TRUST*******99 Automated Clearing House Phone (U.S.)EmailPhone (non-U.S.) 7192526169(blank)(blank) Fax (blank) Remittance Address Nunez Conctruction Inc. 10 Audubon CIR. Pueblo, Colorado 81003 United States Taxpayer Information EINType of TaxTaxpayer Name *****8978Applicable Federal TaxNunez Construction Inc Tax Year (Most Recent Tax Year)Name/Title of Individual Executing ConsentTIN Consent Date 2021CeoNov 3, 2023 AddressSignature 10 Audubon CIR. Duane Nunez Pueblo, Colorado 81003 Points of Contact Accounts Receivable POC Duane L Nunez, CEO Oct 08, 2024 01:53:43 AM GMT https://sam.gov/entity/J1T4NHSMXNS5/coreData?status=nullPage 2 of 3 Last updated by Duane Nunez on Nov 03, 2023 at 04:40 PMNUNEZ CONSTRUCTION INC dnunezconst@yahoo.com 7192526169 Electronic Business 10 Audubon CIR Duane L Nunez, CEO Pueblo, Colorado 81003 dnunezconst@yahoo.com United States 7192526169 Government Business 10 Audubon CIR Duane L Nunez, CEO Pueblo, Colorado 81003 dnunezconst@yahoo.com United States 7192526169 Service Classifications NAICS Codes PrimaryNAICS CodesNAICS Title Yes236220Commercial And Institutional Building Construction 236118Residential Remodelers Size Metrics IGT Size Metrics Annual Revenue (from all IGTs) (blank) Worldwide Annual Receipts (in accordance with 13 CFR 121)Number of Employees (in accordance with 13 CFR 121) $70,000.001 Location Annual Receipts (in accordance with 13 CFR 121)Number of Employees (in accordance with 13 CFR 121) $70,000.001 Industry-Specific Barrels CapacityMegawatt HoursTotal Assets (blank)(blank)(blank) Electronic Data Interchange (EDI) Information This entity did not enter the EDI information Disaster Response Yes, this entity appears in the disaster response registry. No, this entity does not require bonding to bid on contracts. Bonding LevelsDollars (blank) StatesCountiesMetropolitan Statistical Areas ColoradoCO: Pueblo, El Paso, AlamosaCO: Pueblo, Colorado Springs Oct 08, 2024 01:53:43 AM GMT https://sam.gov/entity/J1T4NHSMXNS5/coreData?status=nullPage 3 of 3 PUBLIC IMPROVEMENT INVITATION FOR BID 24-094 (CD2014) MITCHELL PARK SHELTER INSTALLATION (CDBG) City of Pueblo 230 S. Mechanic St. Pueblo, CO 81003 RELEASE DATE: September 17, 2024 DEADLINE FOR QUESTIONS: October 1, 2024, 4:00 pm RESPONSE DEADLINE: October 9, 2024, 10:00 am RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO: https://procurement.opengov.com/portal/pueblo City of Pueblo PUBLIC IMPROVEMENT INVITATION FOR BID Mitchell Park Shelter Installation (CDBG) I.ADVERTISEMENT FOR BIDS .................................................................... II.INTRODUCTION ..................................................................................... III.SPECIAL PROVISIONS ............................................................................. IV.LABOR PROVISIONS ............................................................................... V.GENERAL PROVISIONS ........................................................................... VI.VENDOR SUBMISSIONS .......................................................................... VII.PRICING TABLE ....................................................................................... Attachments: A - Sample Contract Documents B - Licensing and Sales Tax Information C - Section 3 Utilization Plan D - General Decision Number CO20240002 09-06-2024 E - Federal Labor Standard Provisions F - FFATA Reporting Form G - 24-094 Mitchell Park Shelter Installation (CDBG) - Issued for Bid Drawings 9-17- 24 H - Poligon Shade Shelter -SEALED Public Improvement Invitation for Bid #24-094 (CD2014) Title: Mitchell Park Shelter Installation (CDBG) 1.ADVERTISEMENT FOR BIDS (AS PUBLISHED) TO WHOM IT MAY CONCERN: The City of Pueblo will receive sealed bids up to the hour of 10:00 am (MT) on Wednesday, October 9, 2024, for the following project. Bids must be submitted electronically through the OpenGov portal which may be accessed via the City of Pueblo Purchasing Department website at www.pueblo.us/purchasing or at https://procurement.opengov.com/portal/pueblo. BID NO.: 24-094 (CD2014) BID NAME: Mitchell Park Shelter Installation (CDBG) PRE-BID MEETING:Tuesday, September 24, 2024, at 10:00 am (MT). Meeting will be held at the Department of Public Works Conference Room, 211 E. D Street, Pueblo, CO 81003. Bidders may attend in person or via Microsoft Teams. In general, this project will consist of clearing and grubbing, unclassified excavation, importing of embankment material, installation of 4” and 6” concrete, installation of one (1) 20’x20’ pre-purchased Poligon® Carnival metal shelter and (3) picnic tables, design/build electrical service to shelter, grading, topsoil/sod and other incidental items as detailed in the plans and specifications for this project. Bidders shall inform themselves of the conditions of the project site and the requirements of the project's scope of work before submitting their bid. No allowances shall be made by reason of any matter or thing concerning which they might not have been fully informed prior to the bidding. No Bidder will be heard after the opening of bids to assert that there was any misunderstanding as to the nature of the operation expected in this solicitation. If a pre-bid meeting is held, Bidders should make every effort to attend. If the pre-bid meeting is mandatory and the Bidders cannot attend, it is imperative that someone else attend as a representative of the company, otherwise, their bid will not be accepted at the time of bid opening. Invitation for Bid (IFB) documents (including plans and specifications) can be obtained via the City Purchasing Department website at www.pueblo.us/purchasing or the OpenGov portal at https://procurement.opengov.com/portal/pueblo. Downloaded plans/drawings must be printed as “Actual Size”; scaling is NOT correct when printed using other options. It is the Bidders’ sole responsibility to ensure plans are printed correctly and to inform third-party printers of this information. The City is not responsible for bidding errors resulting from Bidders’ failure to follow this requirement. Addenda will be posted on the OpenGov portal which may be accessed via the City Purchasing Department website or at https://procurement.opengov.com/portal/pueblo. It is the bidder’s responsibility to verify whether any addenda were issued. Bidders must follow the submittal procedures outlined in the documents. The City reserves the right to reject any or all bids for any or all items covered in the Invitation for Bid, to waive informalities or defects in bids, or to accept such bids as it shall deem to be in its best interest. GENERAL 3 Public Improvement Invitation for Bid #24-094 (CD2014) Title: Mitchell Park Shelter Installation (CDBG) This project is to be financed in whole by a grant from the U.S. Department of Housing and Urban Development and shall be referred to as Bid No. 24-094 (CD2014)Mitchell Park Shelter Installation (CDBG). Bidders shall comply with all applicable standards, orders, and regulations issued pursuant to the Clean Water Act of 1970 and the Federal Water Pollution Control Act. Bidders must comply with Title VI of the Civil Rights Act of 1964, the Davis Bacon Act, the Anti Kickback Act and the Contract Work Hours and Safety Standards Act and shall sign the Certification of Non Segregated Facilities. It is the Bidder’s responsibility to determine and/or confirm the applicable and most current prevailing wages pursuant to the Davis-Bacon Act. EQUAL EMPLOYMENT OPPORTUNITY Pursuant to Executive Orders 11246, as amended, and 11375 on Equal Employment Opportunity, Part 60 4, Construction Contractor Affirmative Action Requirements, and Section 3 of the Housing and Urban Development Act of 1968, as amended, a prime contractor and subcontractor who signs a contract on a Federally assisted construction project are required to take affirmative action toward equal employment opportunity and are required to implement the Colorado Statewide Plan. At pre construction conferences, the successful bidder and his subcontractors shall be required to present and discuss the approach to be taken by the successful bidder and his subcontractors to implement the requirements of affirmative action for equal employment and training in accordance with Executive Orders 11246, as amended, and 11375. SECTION 3 The City of Pueblo will be accepting bids for an infrastructure project funded in part with Community Development Block Grant funding. Certified Section 3 business concerns are encouraged to submit a bid. “Section 3” refers to Section 3 of the Housing and Urban Development Act of 1968 as amended (12 U.S.C. 1701u) and its implementing federal regulations found in 24 C.F.R. 75. The purpose of Section 3 is to ensure that employment and economic opportunities generated by certain financing provided by the U.S. Department of Housing and Urban Development (HUD) are, to the greatest extent feasible, directed to low- and very low-income persons, particularly those who are recipients of government assistance for housing, and to business concerns that provide economic opportunities to low- and very low-income persons. The City of Pueblo has set forth policies and procedures to ensure that employment and economic opportunities generated by Section 3 covered projects, to the greatest extent feasible, are directed to low- and very low-income persons and business concerns. A prime contractor and subcontractor who signs a contract on a Section 3 covered construction project are required, to the greatest extent feasible, to direct employment and business opportunities toward Section 3 residents and Section 3 businesses. Additionally, the contractor and subcontractor are required to implement, to the greatest extent feasible, the City of Pueblo’s Section 3 Plan. Published: Tuesday, September 17, 2024 in The Pueblo Chieftain Newspaper 4 Public Improvement Invitation for Bid #24-094 (CD2014) Title: Mitchell Park Shelter Installation (CDBG) 2.INTRODUCTION 2.1.Summary In general, this project will consist of clearing and grubbing, unclassified excavation, importing of embankment material, installation of 4” and 6” concrete, installation of one (1) 20’x20’ pre-purchased Poligon® Carnival metal shelter and (3) picnic tables, design/build electrical service to shelter, grading, topsoil/sod and other incidental items as detailed in the plans and specifications for this project. 2.2.Contact Information Deborah Rivera Purchasing Contract Coordinator 230 S Mechanic Street Pueblo, CO 81003 Email: purchasing@pueblo.us Phone: (719) 553-2350 Department: Public Works 2.3.Timeline Advertisement/Release Project Date September 17, 2024 Pre-Bid Meeting (Non-Mandatory) September 24, 2024, 10:00am In-Person: Department of Public Works Conference Room 211 East D Street Pueblo, Colorado 81003 Microsoft Teams: https://www.microsoft.com/en-us/microsoft- teams/join-a-meeting Meeting ID: 288 150 065 632 Passcode: QbeDS5 ________________________________________ Dial in by phone +1 719-467-7197,,659171773# United States, Pueblo Find a local number Phone conference ID: 659 171 773# 5 Public Improvement Invitation for Bid #24-094 (CD2014) Title: Mitchell Park Shelter Installation (CDBG) Question Submission Deadline October 1, 2024, 4:00pm Bid Opening October 9, 2024, 10:00am 6 Public Improvement Invitation for Bid #24-094 (CD2014) Title: Mitchell Park Shelter Installation (CDBG) 3.SPECIAL PROVISIONS 3.1.GENERAL INSTRUCTIONS All specifications included in the Special Provisions shall have precedence over and will govern in the event of a conflict with other sections contained in this document. Bidders are responsible for obtaining, reading, and carefully examining the entire Contract Documents package, including any Addenda, prior to submitting a bid. Failure to do so will not relieve a Bidder from any obligation or responsibility to understand and comply with all requirements and conditions for this project. Downloaded plans/drawings must be printed as “Actual Size”; scaling is NOT correct when printed using other options. It is the Bidder’s sole responsibility to ensure plans are printed correctly and to inform third-party printers of this information. The City is not responsible for bidding errors resulting from Bidder’s failure to follow this requirement. Each bid must be accompanied by a certified check, cashier's check, money order or bid bond in the amount of five (5) percent of the grand total bid, plus all alternates if applicable, payable to the City of Pueblo as a guarantee that if the bid is accepted, the bidder will execute and file the proposed contract and bonds within ten (10) days from the date of the Notice of Award. The City is accepting electronic bid submissions. Bidders shall create a FREE account with OpenGov by signing up at https://procurement.opengov.com/signup. Once you have completed account registration, browse back to this page, click on "Submit Response", and follow the instructions to submit the electronic bid. All bids must be received at the City’s Purchasing Department before the time specified. Only bids that are made out upon the City-prepared forms will be considered. 3.2.PROJECT FUNDING This project is to be financed in whole by a grant from the U.S. Department of Housing and Urban Development. 3.3.STANDARD CONSTRUCTION SPECIFICATIONS AND STANDARD DETAILS The Standard Construction Specifications and Standard Details for Pueblo, Colorado, adopted April 11, 2022, and as most recently amended, shall control the construction and quality of materials for this project except where specifically modified by the Special Provisions. Unless specifically modified by the Special Provisions, the Standard Construction Specifications and Standard Details shall control with respect to any inconsistencies with the Plans. The Standard Construction Specifications and Standard Details are not included in this bid package but are available on the City of Pueblo’s website at https://www.pueblo.us/475/2023-Construction-Standards. By submitting a bid, the Contractor acknowledges possession of a copy of said document. 7 Public Improvement Invitation for Bid #24-094 (CD2014) Title: Mitchell Park Shelter Installation (CDBG) 3.4.SPECIFICATION LANGUAGE Specifications may be written in abbreviated style with incomplete sentences. Omission of words such as “The General Contractor shall”, “Conforming to”, “shall be”, etc., are intentional; omitted words shall be supplied by inference. Where words “approved”, “satisfactory”, “directed”, “submitted”, etc., are used it shall be assumed that the words “Project Manager” follows, such as “approved by the Project Manager”. 3.5.DEFINITION OF ENGINEER The term “Engineer” as used in Sections GENERAL PROVISIONS Authority of Engineer (a) and (b), of GENERAL PROVISIONS , shall mean City Engineer the “(Consulting Engineer or Architect”) with respect to all questions relating to the conformance of the work with the technical requirements of the plans and specifications, interpretation of the technical requirements of the plans and specifications, and with respect to the rejection of work and materials which do not conform. With respect to all other uses of the term “Engineer” in Section GENERAL PROVISIONS Authority of Engineer, the term shall mean the Director of Public Works. In Sections TERMINATION FOR CAUSE, FINAL ACCEPTANCE OF THE WORK, COMMENCEMENT AND COMPLETION OF WORK and UNCORRECTED WORK of GENERAL PROVISIONS, all references to Engineer shall mean the Director of Public Works. All other references to Engineer in GENERAL PROVISIONS not specifically addressed in this section shall mean the Consulting Engineer. 3.6.APPROVED EQUAL An approved equal, where noted, may be considered by the City. For consideration as an approved equal, a Request for Substitution must be submitted through the OpenGov portal by Tuesday, October 1, 2024 at 4:00 pm (MT). Requests shall clearly describe the product for which approval is requested, including all data necessary to demonstrate acceptability. If approved, an addendum will be issued that lists all approved equal products or materials. No other products or materials will be considered. 3.7.INCONSISTENCIES Any inquiries regarding seeming inconsistencies between the Plans and Specifications for this project must be made by Tuesday, October 1, 2024 at 4:00 pm (MT). 3.8.PREPAYMENT OF CITY SALES AND USE TAX (This section applies only to public improvement construction projects $1,000,000 and over.) The Contractor shall make application for, and prepayment of, City sales and use tax on the estimated percentage basis being forty percent (40%) of the total Project bid as awarded, including Base Bid plus those Alternates selected. Application and prepayment shall be made within fourteen (14) days of the date authorized to proceed with construction of the Project as set forth in the Notice to Proceed. All applications and prepayments shall be coordinated directly with City’s Division of Sales and Use Tax, Attention: Tax Audit Manager, 1 City Hall Place, Pueblo, Colorado 81003. Finance Department policy sets the threshold at $1,000,000. Any contractual obligations below this amount will not generally be required to make a pre-payment of Use Tax. 8 Public Improvement Invitation for Bid #24-094 (CD2014) Title: Mitchell Park Shelter Installation (CDBG) 3.9.PERA LIABILITY Contractor shall reimburse the City for the full amount of any employer contribution required to be paid by the City of Pueblo to the Public Employees’ Retirement Association (“PERA”) for salary or other compensation paid to a PERA retiree performing contracted services for the City under this Agreement. Awarded Contractor will be required to submit a completed Colorado PERA Questionnaire form. This form is available to view at https://www.pueblo.us/DocumentCenter/View/19915/PERA-Form and is included by reference in this Contract. 3.10.CONTRACTOR EVALUATION Pursuant to Ordinance No. 6510, dated February 14, 2000, the Department of Public Works shall evaluate the performance of Contractor using the Contractor/Consultant Satisfaction Program form. This form is available to view at https://www.pueblo.us/1737/Information and is included by reference in this Contract. The evaluation shall be utilized to review Contractor performance, increase communication, and foster positive business relationships. Evaluation shall also record documentation of Contractor’s overall performance. Material failure to perform in accordance with the terms of one or more contracts, or materially unsatisfactory performance of one or more contracts, may be justification for disqualifying future bids by Contractor. 3.11.EQUAL OPPORTUNITY CLAUSE The following Equal Opportunity Clause shall be included in each government contract entered into by the City: During the performance of this contract, the contractor agrees as follows: A.The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, national origin, creed or age. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity. national origin, creed or age. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; lay-off or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. B.The contractor will, in all solicitations or advertisements for employees placed by on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, creed or age. C.The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. 9 Public Improvement Invitation for Bid #24-094 (CD2014) Title: Mitchell Park Shelter Installation (CDBG) This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee’s essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor’s legal duty to furnish information. D.The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. E.The contractor will comply with all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. F.The contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purpose of investigation to ascertain compliance with such rules, regulations, and orders. G.In the event of the contractor's noncompliance with the non- discrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be cancelled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No.11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. H.The contractor will include the provisions of paragraphs (1) through (8) in every sub-contract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event the contractor becomes involved in or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the contractor may request the United States to enter into such litigation to protect the interests of the United States. \[Sec. 202 amended by EO11375 of Oct. 13, 1967, 32 FR 14303, 3 CFR, 1966-1970 Comp., p. 684, EO 12086 10 Public Improvement Invitation for Bid #24-094 (CD2014) Title: Mitchell Park Shelter Installation (CDBG) of Oct. 5, 1978, 43 FR46501, 3 CFR, 1978 Comp., p. 230, EO 13665 of April 8, 2014, 79 FR 20749, EO 13672 of July 21, 2014, 79 FR 42971\] 3.12.SECTION 3 PROGRAM REQUIREMENTS The applicable Section 3 project area for this contract is the City of Pueblo, Colorado. Bidder must submit a Section 3 Certification, Form S3a for this project with the bid submittal. Statement shall include a commitment to employ to the greatest extent feasible, low-to-moderate income individuals and Section 3 business concerns. Consideration will be given to those contractors who will have training and employment opportunities for project area residents. Section 3 Utilization Plan is attached to this document as Attachment C. The intent of Section 3, a section contained within the Housing and Urban Development Act of 1968 is to provide job training and employment opportunities from programs that receive U. S. Department of Housing & Urban Development (HUD) funding to local low-income residents and the businesses they own or that employ them. The purpose of this Plan is to set forth procedures to be implemented by sub-recipients, developers, contractors, and subcontractors to ensure compliance with the City of Pueblo’s (City) Section 3 Program as administered by the Department of Housing and Citizen Services (DHCS) and the following Federal Implementing Act and Regulations: Housing and Urban Development Act of 1968 as ammended12 U.S.C. 1701u; 24 CFR 75 - Section 3 Regulations The City’s Section 3 Program is available for review from the Department of Housing & Citizen Services (DHCS), 2631 E. 4th Street, Pueblo, CO 81001. SECTION 3 PENALTIES Penalties for not meeting the Section 3 Employment Benchmarks or failure to meet additional reporting goals as outlined in Appendix A as follows: Contracts under $200,000 No penalty Contracts under $300,000 1% of contract value Contracts under $400,000 2% of contract value Contracts under $500,000 3% of contract value Contracts greater than or equal to $500,000 5% of contract value 3.13.COMPLIANCE WITH AIR AND WATER ACTS This Contract Agreement is subject to the requirements of the Clean Air Act, as amended, 42 USC 1857 et seq., the Federal Water Pollution Control Act, as amended, 33 USC 1251 et seq., and the regulations of the Environmental Protection Agency with respect thereto, at 40 CFS Part 15, as amended from time to time. 11 Public Improvement Invitation for Bid #24-094 (CD2014) Title: Mitchell Park Shelter Installation (CDBG) The contractor shall comply with the following requirements: A.A stipulation by the contractor or subcontractors that any facility to be utilized in the performance of any nonexempt contract or subcontract is not listed on the List of Violating Facilities issued by the Environmental Protection Agency (EPA) pursuant to 40 CFR 15.20. B.Agreement by the Contractor to comply with all the requirements of Section 114 of the Clean Air Act, as amended, (42 USC 1857c 8) and Section 308 of the Federal Water Pollution Control Act, as amended, (33 USC 1318) relating to inspection, monitoring, entry, reports, and information, as well as all other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder. C.A stipulation that as a condition for the award of the contract prompt notice will be given of any notification received from the Director, Office of Federal Activities, EPA, indicating that a facility utilized or to be utilized for the contract is under consideration to be listed on the EPA List of Violating Facilities. D.Agreement by the contractor that he will include or cause to be included the criteria and requirements in paragraphs (1) through (4) of this section in every nonexempt subcontract and requiring that the contractor will take such action as the Government may direct as a means of enforcing such provisions. 3.14.INTEREST OF MEMBERS, OFFICERS, OR EMPLOYEES OF GRANTEE, MEMBERS OF LOCAL GOVERNING BODY, OR OTHER PUBLIC OFFICIALS No members, officers, or employee of the Grantee, or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under the Agreement. Grantee's officers, employees, and agents shall never solicit nor accept gratuities, favors, or anything of monetary value from contractors or potential contractors, and, additionally, shall be governed in their actions by the standards of conduct described in Title VI of the 1971 Code of Ordinances of the City of Pueblo. 3.15.WILLIAMS STEIGER OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970 This contract is subject to the provisions of the Williams-Steiger Occupational Safety and Health Act of 1970. These construction documents and the joint and several phases of construction hereby contemplated are to be governed, at all times, by applicable provisions of the Federal Law(s), including but not limited to the latest amendments of the following: Williams-Steiger Occupational Safety and Health Act of 1970, Public Law 91-596 12 Public Improvement Invitation for Bid #24-094 (CD2014) Title: Mitchell Park Shelter Installation (CDBG) Part 1910 - Occupational Safety and Health Standards, Chapter XVII of Title 29, Code of Federal Regulations Part 1926 - Safety and Health Regulations for Construction, Chapter XVII of Title 29, Code of Federal Regulations 3.16.SAFETY AND HEALTH PROGRAM This project, the prime contractor, and all subcontractors, shall at all times be governed by Chapter XVII of Title 29, Code of Federal Regulations, Part 1926 Safety and Health Regulations for Construction (37FR243), as amended to date To implement the program and provide safe and healthful working conditions for all persons, general project safety meetings shall be conducted at the site, by the construction superintendent or his designated safety officer, at least once each month during the course of construction. Notice of such meeting shall be issued not less than three (3) days prior, stating the exact time, location, and agenda. Attendance by the owner, architect, general foreman, shop stewards and trades, or their designated representatives, shall be mandatory and witnessed in writing as such. To further implement the program, each trade shall conduct a crew meeting at least once each week, to review mandatory project safety requirements. The crew foreman shall report the agenda and specific items covered to the project superintendent, who shall incorporate these items in a daily log or report. The prime contractor and all subcontractors shall immediately report all accidents, injuries, or health hazards to the City, or their designated representatives, in writing. This shall not obviate any mandatory reporting under the provisions of the Occupational Safety and Health act of 1970. This program shall become a part of the contract between the City and prime contractor and all contracts between the prime contractor and subcontractors as though fully written therein. 3.17.U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FEDERAL LABOR STANDARDS PROVISIONS AND DAVIS-BACON MINIMUM WAGES The project to which the construction work covered by this contract pertains is being assisted by the United States of America and the Federal Labor Standards Provisions included as Attachment D to this document are included in this contract pursuant to the provisions applicable to such Federal assistance. Davis-Bacon Minimum Wages General Decision Number CO20240002 09/06/2024 is included as Attachment E. 3.18.SYSTEM FOR AWARD MANAGEMENT (SAM.gov) REGISTRATION Contractors must be registered on SAM.gov to be considered for award and must submit proof of registration and good standing with their bid. Note: This is a free registration. Please visit https://www.sam.gov to register or for more information. 13 Public Improvement Invitation for Bid #24-094 (CD2014) Title: Mitchell Park Shelter Installation (CDBG) 3.19.FEDERAL FUNDING ACCOUNTABILITY and TRANSPARENCY ACT REPORTING FORM The awarded Contractor will be required to provide the information as shown on the Federal Funding Accountability and Transparency Act (FFATA) Reporting Form / Certification included as Attachment F. This form shall be filled out and turned in with the contract performance and payment bonds and signed contract agreement. 3.20.SITE INVESTIGATION By submitting a bid, Contractor acknowledges the nature and location of the work, the general and local conditions, particularly those bearing upon transportation, disposal, handling and storage of materials, availability of labor, water, electric power, uncertainties of weather, physical conditions at the site, the character/quality of surface and subsurface materials to be encountered, the character of equipment and facilities needed prior to and during the work, and all other matters which can in any way affect the work or the cost thereof under this Contract. Failure by Contractor to acquaint themself with all the available information concerning these conditions will not relieve them from responsibility for estimating properly the difficulty or cost of successfully performing the work. 3.21.PRE-CONSTRUCTION CONFERENCE The Contractor shall attend a pre-construction conference with the Project Manager, City employees, representatives of the utility companies, and/or other interested parties prior to any construction. Preconstruction meeting will be scheduled 7-10 days after notice of award is issued. Documents Required to be submitted at Pre-Construction Conference Contractor Organization with 24-hour emergency contact Schedule Traffic Control Plan Material Submittals 3.22.SAFETY REGULATIONS The Contractor shall be aware of and shall comply with all State and Federal Safety regulations which are applicable to the work included under this Contract. Enforcement will be by the proper State and Federal regulatory agencies. If any construction activity is deemed to be unsafe for inspection, Contractor shall, upon notification, discontinue work until the deficiencies are corrected and the job can be properly inspected. 3.23.EMERGENCY REPAIR OR PROTECTIVE WORK BY THE CITY OF PUEBLO As referenced in Sections PROTECTION OF THE PUBLIC, WORK, AND PROPERTY and ACCIDENT PREVENTION of the GENERAL PROVISIONS , it is the Contractor’s responsibility to provide adequate barricades, protective devices and safety measures, and to employ other precautionary means for the adequate protection of the public, the work, and public/private property from injury or loss. Should the 14 Public Improvement Invitation for Bid #24-094 (CD2014) Title: Mitchell Park Shelter Installation (CDBG) City become aware of any condition or circumstance arising from the work, or with respect to any excavation or areas disturbed by Contractor which, in the opinion of the Project Manager, creates or results in any imminent or unreasonable risk to the health/safety of the public or to public/private property, the City may undertake emergency work or repairs. Such work may include, by way of illustration, provision of barricades, traffic control devices or flagmen, deployment or warning signs, repair of lines under construction, repair of collapsed excavations or sinkholes, placement of sandbags or dams, and other emergency efforts. The determination of the necessity during the construction and warranty periods for the City to do any such emergency work or repairs shall rest entirely with the Project Manager. The cost of emergency work done by the City, including the actual cost of labor, equipment, and materials, plus 100 percent, shall be deducted from any amounts otherwise owed to Contractor, or may be invoiced to Contractor, or the same amount shall be recovered from Contractor’s performance bond. 3.24.REPRESENTATIVE AVAILABLE FOR EMERGENCY CALLS The Contractor shall provide the name, address and phone number of a representative who may be reached at any time during the life of the Contract regarding repairs, detours, barricading, etc. This information shall be furnished in writing to the Project Manager. 3.25.DUST PREVENTION During construction and until final acceptance by the Project Manager, Contractor shall be responsible for controlling dust emissions in the construction area. No earthwork activities shall be performed when the wind speed exceeds thirty (30) miles per hour. All fill areas shall be compacted on a daily basis to 95% minimum compaction. Any mud or dirt carry out onto paved surfaces shall be cleaned up on a daily basis. Contractor shall promptly comply with all directives from the Project Manager relating to dust control. If Contractor fails to comply or provide adequate means to control dust, a stop-work order will be issued until the problem is corrected. 3.26.SITE RESTORATION AND CLEANUP Contractor shall maintain and/or repair any damage done to all existing properties, public or private, adjacent to site improvements, including but not limited to, asphalt, base course, utilities, sod, irrigation systems and landscaped areas. In general, disturbed areas shall be replaced to the lines, grades, thickness, and like materials of the existing conditions unless otherwise stated on the plans. Restoration shall be consistent with that of areas adjacent to the limits of construction. Grass and other plant areas shall be restored, maintained, and irrigated until final acceptance by the Project Manager. Fabric shall be installed under all rock landscape areas. Any landscape material salvaged by Contractor for reuse will not be acceptable if contaminated by dirt or different landscape material. Slopes to match from the new improvements to existing improvements shall not exceed a 4:1 slope. All work to relocate existing irrigation sprinklers which conflicts with the new construction shall be considered site restoration. The accuracy of information furnished regarding existing irrigation systems is not guaranteed. The locations are approximate and may not include all irrigation system components. Contractor shall determine the exact location of all irrigation systems before commencing work and shall be fully responsible for any damage resulting from failure to locate and protect all irrigation systems. 15 Public Improvement Invitation for Bid #24-094 (CD2014) Title: Mitchell Park Shelter Installation (CDBG) Site restoration and cleanup will not be measured or paid separately but shall be included in the unit prices for each bid item. Partial payments will not be made on any bid item until the restoration and cleanup associated with that item is satisfactorily complete and acceptable to the Project Manager. 3.27.UTILITY LOCATIONS The accuracy of information furnished in regard to underground utilities is not guaranteed. The utility locations are approximate and may not include all utilities. Contractor shall determine the exact location of all utilities before commencing work. Contractor shall be fully responsible for any damage which might occur due to Contractor’s failure to locate and protect all utilities. Contractor shall repair or have repaired, at no cost to the City, any damage to utilities. Existing utilities include gas, water, service lines, meters, meter cans, buried telephone cables, buried power lines, pedestals, utility poles, sanitary sewer, manholes and services, and any other existing utility. 3.28.OVERHEAD AND/OR UNDERGROUND HIGH VOLTAGE POWER LINES Unless danger against contact with high voltage overhead and/or underground lines has been effectively guarded against, Contractor shall not perform any function/activity upon any land, building, highway, or other premises if at any time during the performance of any function/activity it could move or be placed within ten (10) feet of any high voltage overhead and/or underground line. If work is to be performed within ten (10) feet of high voltage overhead and/or underground lines, the public utility must first be notified to arrange for safety provisions. Contractor may perform the work only after arrangements, including coordination and payment of fees, if applicable, have been made with the utility company. 3.29.CONCRETE PERMITS The “no fee” permit shall be obtained from the City Engineering Division at 211 E. “D” Street. Any concrete work placed without benefit of both permit and inspection by the Public Works Department will not be paid for. 3.30.COORDINATION OF CONSTRUCTION ACTIVITIES Contractor and subcontractors shall coordinate work with all other construction activities and contractors; and cooperate with them to facilitate general progress of the work. Each trade shall afford other trades every reasonable opportunity for installation and storage of materials. 3.31.WORK BY OTHERS Contractor shall coordinate work on the project with all work shown on the plans which is to be done by “others”. It is the Contractor’s responsibility to coordinate work with each entity and incorporate it into the project schedule. 3.32.COMPLETE WORK ON TIME Failure to complete the work by the allotted 30 calendar days shall result in the assessing of liquidated damages according to GENERAL PROVISIONS. 16 Public Improvement Invitation for Bid #24-094 (CD2014) Title: Mitchell Park Shelter Installation (CDBG) 3.33.HOURS OF WORK The Project Manager and the Inspection Division are available from 7:00 a.m. to 12:00 p.m. and 1:00 p.m. to 4:00 p.m., Monday through Friday, excluding holidays. Any work done outside of these hours must be approved by the Project Manager. 3.34.MOBILIZATION This item shall consist of mobilizing of personnel, equipment, and supplies to the project site in preparation for work on the project. Item shall include all costs incurred which must be performed prior to beginning the other items. Partial payments for mobilization will be made each month as the work progresses. These payments will be made as follows: A.When ten percent (10%) of the project bid amount is earned, fifty percent (50%) of the amount bid for mobilization will be paid. B.When fifty percent (50%) of the project bid amount is earned, one hundred percent (100%) of the amount bid for mobilization will be paid. C.The sum of all payments shall not exceed the original amount bid for the item, regardless of the fact that Contractor may have, for any reason, shut down the work on the project or moved equipment away and then back again. Note: Payments for materials on hand will be included as a percent of original project bid amount earned until said materials have been incorporated into the work and accepted and paid for by the City. 3.35.CONSTRUCTION TRAFFIC CONTROL Contractor shall submit a traffic control plan prepared by a Certified Traffic Control Supervisor at the preconstruction conference for approval by the City’s Traffic Engineer. Where possible, crosspans may be constructed full width with proper street closures; however, the time of closure must be kept to a minimum. To expedite the curing, the minimum 28-day compressive strength shall be increased to 4500 psi (increased to seven (7) sacks per cubic yard). The additional cost for the added cement shall be paid by the Contractor. All traffic control procedures, signing, lighting and barricades shall conform to the latest edition of the Manual on Uniform Traffic Control Devices, and shall be set up and maintained by a Certified Traffic Control Supervisor. Construction traffic control shall be paid as “Traffic Control.” Periodic payments for this item shall be based upon the percentage of work completed compared to the original bid amount. 3.36.TRAFFIC CONTROL SUPERVISOR The Traffic Control Supervisor shall be certified as a Worksite Traffic Supervisor by the American Traffic Safety Services Association (ATSSA) or Colorado Contractors Association (CCA). A copy of the Traffic 17 Public Improvement Invitation for Bid #24-094 (CD2014) Title: Mitchell Park Shelter Installation (CDBG) Control Supervisor's Certification shall be provided to the Project Manager at the project pre construction conference 3.37.TRAFFIC CONTROL DEVICES – SIGNS Contractor shall be responsible for all permanent traffic control devices (signs) within the construction area. If permanent devices conflict with construction activities, Contractor shall be responsible for placement of temporary traffic control devices and the removal/reinstallation of permanent devices. All work shall be in accordance with the Manual of Uniform Traffic Control Devices. All regulatory signs (Stop, Yield, One Way, Do Not Enter, etc.) shall be maintained in either a temporary or permanent manner. Temporary devices shall be in place prior to the removal of permanent devices. Contractor shall be held fully responsible for any claims resulting from negligence in failing to act or maintain any traffic control device. Contractor shall be responsible for maintaining the condition of any sign that is temporarily removed. Should there be any damage to devices (signs, poles, bases, and hardware) Contractor shall be financially responsible to the City for replacement of said devices. Contractor shall contact Traffic Maintenance at (719) 553-2300 for approval of the specific location in which the devices are to be reinstalled. Contractor shall obtain underground utility locates prior to reinstalling devices. The Traffic Engineer or designee will evaluate existing signage for replacement with new materials. If required, the City will provide all replacement materials to the Contractor prior to reinstallation. Where new devices are required per the construction drawings all signs, posts, bases, and hardware shall be supplied by the City. Contractor shall contact the Traffic Engineer at (719) 553-2722 to order signs providing the City at least two-week notification to obtain the necessary material. 3.38.PROTECTION OF CONCRETE FROM TRAFFIC AND VANDALISM All concrete shall be protected from traffic for a period of fourteen (14) days, or as directed by the Project Manager. The Contractor shall provide necessary supervision and/or barriers to protect all concrete from traffic or vandalism. Any concrete damaged by traffic and/or vandalism will be rejected. Replacement of damaged concrete shall be paid for entirely by the Contractor. 3.39.ASPHALT AND CONCRETE REMOVAL Asphalt and concrete shall be removed to the lines and grades established by the Project Manager. Any removal outside those lines and grades not approved by the Project Manager, will not be paid for by the City. Contractor shall properly dispose of all removed items from the construction site. Saw cutting to remove asphalt and concrete to a neat line shall not be paid for separately but shall be included in the cost of the asphalt and concrete removal bid item. 3.40.EROSION AND SEDIMENT CONTROL Contractor shall submit and comply with, an Erosion and Sediment Control Plan. This plan is considered incidental to the construction and shall not be paid for separately. Contractor shall take this into consideration in preparing their bid. 18 Public Improvement Invitation for Bid #24-094 (CD2014) Title: Mitchell Park Shelter Installation (CDBG) To comply with current state and federal permit regulations the City must meet minimum requirements for all construction sites less than one (1) acre to provide necessary Best Management Practices (BMPs) and prevent illicit discharges from the site. The minimum requirements which the Contractor must provide and comply with are as follows: A.Provide an Erosion and Sediment Control Plan that shall include the minimum following items: 1.Stockpile BMPs protection. 2.Concrete washout BMPs. 3.Vehicle tracking control BMPs. 4.Site sediment containment BMPs. 5.Downstream secondary defense BMPs, if applicable. 6.Any additional BMPs required due to site specific conditions. B.Prior to any construction, including site grading and excavation, an approved Erosion and Sediment Control Plan shall be posted on site and all required BMPs installed. C.Contractor shall maintain and update the Erosion and Sediment Control Plan as construction dictates. The current and correct plan shall remain on-site and be readily accessible to the City Stormwater Inspector at all times. D.Contractor or the Contractor’s representative shall, at a minimum, inspect the site every two (2) weeks and within twenty-four (24) hours of any precipitation or snowmelt event that causes surface erosion. (i.e., that results in stormwater running across the ground). E.Contractor shall be responsible for maintaining all required BMPs to prevent erosion and sediment from leaving the construction site. F.Failure to comply with the requirements to prevent illicit discharges from the construction site is unlawful and a municipal offense which may result in the issuance of a summons and complaint to the Pueblo Municipal Court. Persons who are convicted of violating any provision of the Pueblo Municipal Code are subject to fines of up to one thousand dollars ($1,000) and/or one (1) year imprisonment for each day the violation continues. G.Information regarding acceptable BMPs and proper installation can be found in the Urban Drainage and Flood Control District (UDFCD) Urban Storm Drainage Criteria Manual Volume 3, CDOT Erosion Control & Stormwater Quality Guide, and City of Pueblo approved details. 3.41.PERMITS AND FEES It shall be the Contractor’s responsibility to investigate and assess the requirements for all necessary environmental, drainage, and construction permits. The total cost of all permits or fees which may be required shall be included in the bid proposal. No additional payment shall be allowed for any permits or 19 Public Improvement Invitation for Bid #24-094 (CD2014) Title: Mitchell Park Shelter Installation (CDBG) fees required to complete the project. Contractor shall comply with all conditions of the permits. City and/or other agency fines are the sole responsibility of the Contractor. Following is a list of potential permits required for the project. Contractor shall be responsible for verifying this list and adding/obtaining any additional permits needed for the project. Air Quality Permit o Permitting Agency: Pueblo County/Colorado Department of Public Health and Environment o Responsibility to Obtain: Contractor CDPHE Stormwater Construction Permit o Permitting Agency: Colorado Department of Public Health and Environment o Responsibility to Obtain: Contractor Excavation Permit o Permitting Agency: City of Pueblo o Responsibility to Obtain: Contractor Concrete Permit o Permitting Agency: City of Pueblo o Responsibility to Obtain: Contractor Traffic Control Permit o Permitting Agency: City of Pueblo o Responsibility to Obtain: Contractor Fugitive Particulate Emissions Control Plan o Permitting Agency: Colorado Department of Public Health and Environment o Responsibility to Obtain: Contractor 3.42.LOCATION ADDRESS OF MITCHELL PARK The address of Mitchell Park is 1304 East 12th Street. 3.43.CLEAR AND GRUB This bid item shall include all machinery and labor necessary to remove existing organic matter from areas that will receive new concrete and controlled fill / topsoil areas. Contractor shall dispose of all removed items off the construction site. 20 Public Improvement Invitation for Bid #24-094 (CD2014) Title: Mitchell Park Shelter Installation (CDBG) 3.44.UNCLASSIFIED EXCAVATION This bid item shall include all machinery and labor necessary to excavate material required to allow the installation of class 6 structural fill and new concrete. No excavation shall be made below subgrade elevation except to remove any soft/saturated soils, or other unsuitable materials that may be encountered. Contractor shall dispose of all excavated material deemed not suitable for backfill. 3.45.INSTALL STRUCTURAL FILL, CLASS 6 This bid item shall include all machinery, labor and materials to successfully install Structural Backfill, Class 6 to the grades shown on the plans. Class 6 material, compaction and moisture content shall conform to Article 6 - Aggregate Base Course of the Standard Construction Specifications of the City of Pueblo most current edition. Proof rolling may be required by the Field Engineer and this cost shall be included in this bid item. 3.46.CONSTRUCT 4” CONCRETE This bid item shall conform to Article 4 of the Standard Construction Specifications and Standard Details for the City of Pueblo, most current edition. Control joints shall not be longer than the width of the concrete. 3.47.CONSTRUCT 6” CONCRETE SHELTER PAD This bid item shall conform to Article 6 of the Standard Construction Specifications and Standard Details for the City of Pueblo, most current edition. Control joints will be required as directed by the Field Engineer. ¼” thick foam “zip strip” expansion joint material will be required between the steel shelter posts and new concrete with a Polyurethane self-leveling sealant as a final topping. 3.48.INSTALL POLIGON® 20’X20’ CARNIVAL SHELTER The cost for this bid item shall include all labor, equipment, footings, safety devices, etc. to completely install the pre-purchased 20’X20’ Metal Poligon® Carnival Shelter to manufacturer’s specifications and satisfaction of the Field Engineer and Parks Department. Contractor will be responsible for the protection of the new shelter from theft and vandalism until project has been accepted by the Public Works Department. Contractor shall be responsible for properly barricading construction site from public use until project approval from Public Works Department has been issued. The new metal shelter has been shipped to 800 Goodnight Avenue (City Park) and stored in the Parks Department maintenance yard. Contractor will be responsible to transfer shelter kit from 800 Goodnight Avenue (City Park) to 1304 E. 12th Street (Mitchell Park). All cost and protection of equipment to move to construction site will not be paid for separately and shall be included in the bid item. Contractor will be responsible for obtaining all permits required to install the shelter. Stamped Shelter Drawings are attached to this contract. 3.49.INSTALL PICNIC TABLES The cost for this bid item shall include all labor and equipment to completely install (3) new pre- purchased picnic tables to manufacturer’s specifications and satisfaction of the Parks Department. 21 Public Improvement Invitation for Bid #24-094 (CD2014) Title: Mitchell Park Shelter Installation (CDBG) Contractor shall provide mounting hardware that will be used to secure tables to concrete. Contractor must coordinate placement of tables with Parks Department before securing tables to new concrete. Contractor will be responsible for the protection of the new picnic tables from theft and vandalism until project has been accepted by the Public Works Department. The (3) new picnic tables have been shipped to 800 Goodnight Avenue (City Park) and stored in the Parks Department maintenance yard. Contractor will be responsible to transfer new tables from 800 Goodnight Avenue (City Park) to 1304 E. 12th Street (Mitchell Park). Contractor will be responsible for all damages that occur during transfer of tables to construction site. 3.50.INSTALL TOPSOIL The bid item shall include all machinery and labor to install topsoil mix material. The topsoil mix material shall be fertile, loose, friable sandy loam or natural agriculture topsoil typical of locality and capable of sustaining vigorous root growth. Topsoil mix material shall be clean and free from toxic minerals, noxious weeds, rocks larger than 1 ½” inch in any dimension, and other objectionable materials. Install soil in place at 80 to 85% compaction rate for the type of soil specified. Bid item is based per ton cost for installation of topsoil material in place at 80 to 85% compaction rate and to finished grade as per specification and indicated on plans Contractor is responsible for installation as per plan. The Contractor shall provide a certified soil test of the topsoil material to Construction Engineer prior to installation. 3.51.INSTALL SOD This bid item shall include all machinery, labor, equipment and materials to install sod on the new slope areas created from the construction of new concrete. Contractor shall provide healthy, field grown sod, free from other grasses, weeds, insects and their eggs, diseases, stones and debris. Sod shall be furnished from sod farm where it has received regular watering, mowing, fertilizing, and spraying. Sod seed mix must be approved by Parks department prior to installation. 3.52.INSTALL ELECTRICAL SERVICE TO SHELTER The cost for this bid item shall include all labor, equipment, materials, stamped Engineering Drawings (if required) and Regional Building Department permit fees to design and install electrical service from an existing light pole to the new shelter in accordance with the plans and specifications, NEC, and local building codes. A new metered service and electrical panel will be required. All below grade wire shall be encased with a one-inch (1”) Schedule 40 PVC conduit and shall be buried at a minimum depth of 36” below finished grade. Electrical pull boxes shall be approved by the Field Engineer. Contractor shall coordinate trench location with the Parks Department prior to commencing work so existing irrigation system damage is minimal. Contractor shall install one (1) duplex outlet with outdoor approved cover as shown on the plans and install one (1) 78 watt covered ceiling canopy garage LED light fixture with photocell switch in accordance with the manufacturer’s written specifications, NEC and local building codes. All incidental materials (approved wire, brackets, fasteners etc.) shall be included in this bid item. Light fixture shall be as specified below or approved equal. 22 Public Improvement Invitation for Bid #24-094 (CD2014) Title: Mitchell Park Shelter Installation (CDBG) Make/Model: RAB Lighting GPLED78 http://www.rabweb.com/product.php?product=GPLED78 Manufacturer: RAB Lighting Inc. Distributer: Wesco Distribution Inc. 115 S. Main Street, Pueblo, CO 81003 (719) 545-1141 http://www.wesco.com 23 Public Improvement Invitation for Bid #24-094 (CD2014) Title: Mitchell Park Shelter Installation (CDBG) 4.LABOR PROVISIONS 4.1.CONTRACTOR BONDS Payment and performance bonds are required to be filed prior to issuance of Notice to Proceed. The specific requirements for such bonds are set forth in Section CONTRACT SECURITY of the GENERAL PROVISIONS. 4.2.NONDISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY REQUIREMENTS In accordance with §1.8 of the Pueblo Municipal Code (entire Code included by reference), all contractors shall meet and comply with the following provisions which shall be contained in all municipal contracts: A.The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, ancestry, disability, age, or national origin. The Contractor will take affirmative action in all areas of employment to ensure that applicants for employment are employed, and that employees are treated during employment, without regard to race, color, religion, sex, sexual orientation, ancestry, disability, age, or national origin. Areas of employment shall mean and include, but shall not be limited to, the following: initial employment, upgrading, demotion, transfer, recruitment, recruitment advertising, layoffs, terminations, rates of pay, terms of compensation and selection for training, including apprenticeship. The Contractor will post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this nondiscrimination and equal employment opportunity paragraph. Failure to subscribe to and accept the nondiscrimination and equal employment requirements of this Chapter shall render a bidder ineligible for a municipal contract award and ineligible to participate in the work for which a municipal contract award is made. (§§1.8.3 and 1.8.4 of the PMC; Ord. No. 4479, 5-22- 78) B.It is the policy of the City to provide equal opportunity in employment without regard to race, color, religion, sex, sexual orientation, ancestry, disability, age, or national origin. It is hereby deemed and declared to be for the public welfare and in the best interests of the City to require bidders and contractors furnishing and providing work, services, supplies and materials to the City under municipal contracts not to discriminate in the hiring and promoting of employees in order to further equal employment opportunities for members of minority groups and women. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, ancestry, disability, age, or national origin. (§1.8.3 of the PMC; Ord. No. 4479, 5-22- 78; Ord. No. 8453 §2, 2-27-12) C.Contractor will meet or comply with the letter and spirit of Chapter 8, Title 1 of the Pueblo Municipal Code (as amended) and applicable State statutes. If the municipal contract involves 24 Public Improvement Invitation for Bid #24-094 (CD2014) Title: Mitchell Park Shelter Installation (CDBG) construction work or the providing of supplies or materials in excess of ten thousand dollars ($10,000.00) in the building and construction trades industry, Contractor shall have adopted and file with the City a copy of the Contractor’s complying Affirmative Action Program. A complying Affirmative Action Program shall be a written affirmative action program meeting all the requirements of Chapter 60 of Title 41, Code of Federal Regulations (41 CFR, Chapter 60), including all parts and subparts thereof. This requirement applies regardless of whether Federal financial assistance has been provided for this project. D.In the event of Contractor’s non-compliance with the requirements of Chapter 8, Title 1 of the Pueblo Municipal Code (as amended), the Contract may be cancelled, terminated, or suspended, in whole or in part, and Contractor may be declared ineligible for further contracts with the City of Pueblo. E.Contractor will include the provisions of the above listed paragraphs (a) through (d) in every sub-contract entered in to by Contractor to provide and furnish work, services, supplies, or materials under a City project. 4.3.HUD SECTION 3 COVERED CONTRACT REQUIREMENTS: A Section 3 Covered Project as defined in 24 C.F.R. Part 75.3(a)(2), utilizing Community Development Block Grant assistance or other HUD funding to complete, where the total amount of assistance exceeds $200,000 constitutes a Section 3 Covered Contract. The provisions of this Section shall apply to all covered contracts as provided in 24 C.F.R. Part 75. As used herein, the term "contractor" shall mean the party entering into this agreement with the City of Pueblo, and the term "contract" shall mean this agreement, regardless of any other term or phrase by which it may be called. A.The work performed under a Section 3 covered 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 75, 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 75 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 25 Public Improvement Invitation for Bid #24-094 (CD2014) Title: Mitchell Park Shelter Installation (CDBG) minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of each person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D.The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 75, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 75. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 75. 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 75 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 75. 4.4.COMPLIANCE REVIEW A.The City of Pueblo shall have the power to review, upon not less than five (5) days notice, and during normal business hours, the employment practices of Contractor during the performance of every such City project, and of subcontractors during the performance of every sub-contract awarded thereunder, to obtain information relating to compliance or non-compliance with non- discrimination and equal employment requirements. B.When a written complaint is filed and an investigation by the City indicates that there has been a violation of this provision, or when a compliance review by the City indicates that a contractor or subcontractor has violated this provision, the City shall issue and cause to be served on said Contractor or subcontractor a Notice of Violation. Such notice shall specify the violations and shall direct the Contractor or subcontractor to respond in writing within ten (10) days to show cause why the sanctions of the provision should not be imposed. The City shall forward a copy of the Notice of Violation and the response of the Contractor or subcontractor to the City Mayor within thirty (30) days from the date of such notice. C.The City Mayor or authorized City representative shall review the Notice of Violation and response and shall determine whether any violations have occurred. If the City representative has determined that a violation has occurred, they may impose such sanctions as deemed appropriate, including, but not limited to, suspending or terminating the Contract involved or any portion or portions thereof, or causing to be removed from the list of eligible pre-qualified contractors the names of contractors or subcontractors found to be in noncompliance with the non-discrimination and equal employment opportunity requirements of the provision and the provision of any such contract or subcontract awarded thereunder until such time as the City is satisfied that such contractors or subcontractors are in compliance with said requirements. 26 Public Improvement Invitation for Bid #24-094 (CD2014) Title: Mitchell Park Shelter Installation (CDBG) 4.5.FEDERAL REQUIREMENTS GOVERN Federal requirements govern. Whenever the provisions and requirements of this Chapter, or of the bidding specifications, conflict in any way or to any degree with the nondiscrimination and equal employment opportunity requirements of the United States and any such contract under consideration is funded in whole or in part by the United States or is otherwise subject to requirements having the force of law of the United States, such requirements of the United States shall govern and control. (Ord. No. 4479, 5-22-78) 4.6.COMPLIANCE By submitting a bid Contractor agrees to abide by the provisions herein set forth and will require any and all subcontractors to comply with said provisions. 4.7.FEDERAL LABOR STANDARDS PROVISIONS Any and all contractors, subcontractors, independent contractors, suppliers, facilitators or any person participating in any program or activity receiving federal financial assistance shall comply with federal labor standards regulations as follows: A.Davis-Bacon Act B.Contract Work Hours and Safety Standards Act C.Copeland Act (Anti-Kickback Act) D.Fair Labor Standards Act The U. S. Department of Labor has published rules and regulations corresponding to the above regulations at Title 29 CFR Parts 1, 3, 5, 6 and 7. 4.8.CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION-PRIMARY COVERED TRANSACTIONS: (Applicable to all Federal-aid contracts per 49 CFR 29). By signing and submitting a proposal, Contractor is providing the certification set out below. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the City or department’s determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction. The certification in this clause is a material representation of fact upon which reliance was placed when the City or department determined to enter into this transaction. If it is later determined that the contractor knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the City or the department may terminate this transaction for cause or default. 27 Public Improvement Invitation for Bid #24-094 (CD2014) Title: Mitchell Park Shelter Installation (CDBG) The contractor shall provide immediate written notice to the City or department to which this proposal is submitted if at any time the contractor learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the City or department to which this proposal is submitted for assistance in obtaining a copy of those regulations. The contractor agrees by signing and submitting a proposal that it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the City or department entering into this transaction. The contractor further agrees by signing and submitting a proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," provided by the City or department entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. A contractor in a covered transaction may rely upon a certification of a subcontractor (prospective participant) in a lower tier covered transaction that is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A contractor may decide the method and frequency by which it determines the eligibility of its principals. Each contractor may, but is not required to, check the nonprocurement portion of the "Lists of Parties Excluded from Federal Procurement or Nonprocurement Programs" (Nonprocurement List) which is compiled by the General Services Administration. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. If a contractor in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the City or department may terminate this transaction for cause or default. The Contractor hereby certifies to the best of its knowledge and belief, that it and its principals: A.Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; B.Have not within a 3-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection 28 Public Improvement Invitation for Bid #24-094 (CD2014) Title: Mitchell Park Shelter Installation (CDBG) with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statement, or receiving stolen property. C.Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in this certification; and D.Have not within a 3-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 4.9.CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY, AND VOLUNTARY EXCLUSION APPLICABLE TO ALL SUBCONTRACTS, PURCHASE ORDERS AND OTHER LOWER TIER TRANSASTIONS OF $25,000 OR MORE By signing and submitting a proposal, the prospective lower tier participant is providing the certification set out below: The certification in this clause is a material representation of fact upon which reliance was placed when the City or department determined to enter into this transaction. If it is later determined that the participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the City or the department may pursue available remedies, including suspension and/or debarment. The participant shall provide immediate written notice to the City or department to which this proposal is submitted if at any time the participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. The terms "covered transaction", "debarred", "suspended", "ineligible", "lower tier covered transaction", "participant", "person", "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the City or department to which this proposal is submitted for assistance in obtaining a copy of those regulations. The participant agrees by signing and submitting a proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the City or department with which this transaction originated. The participant further agrees by signing and submitting a proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," provided by the City or department entering into this covered transaction, 29 Public Improvement Invitation for Bid #24-094 (CD2014) Title: Mitchell Park Shelter Installation (CDBG) without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from covered transactions, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Federal Procurement and Nonprocurement Programs. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. If a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the City or department with which this transaction originated may pursue available remedies, including suspension and/or debarment. The Participant certifies by signing and submitting a proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency; Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 4.10.PAYMENT OF PREVAILING WAGES Applicable to all Federal-aid construction contracts exceeding $2,000 and to all related subcontracts: All mechanics and laborers employed or working upon the site of the work will be paid unconditionally and not less often than once a week and without subsequent deduction or rebate on any account except such payroll deductions as are permitted by regulations (29 CFR 3) issued by the Secretary of Labor under the Copeland Act (40 U.S.C. 276c) the full amounts of wages and bona fide fringe benefits or cash equivalents thereof due at time of payment. The payment shall be computed at wage rates not less than those contained in the wage determination of the Secretary of Labor, hereinafter called "the wage determination", which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor or its subcontractors and such laborers and mechanics. The wage determination shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. For the purpose of this Section, contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1 (b)(2) of the Davis-Bacon Act (40 U.S.C. 276a) on behalf of laborers or mechanics are considered wages paid. Regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be 30 Public Improvement Invitation for Bid #24-094 (CD2014) Title: Mitchell Park Shelter Installation (CDBG) constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein, provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. 4.11.CONFORMANCE RATES The federal awarding agency shall require that any class of laborers or mechanics employed under the contract which is not listed in the wage determination shall be classified in conformance with the wage decision. An additional classification, wage rate and fringe benefits may be approved only when the following criteria have been met: A.The work to be performed by the additional classification is not performed by any other classification in the wage determination; B.The additional classification is utilized in the area by the construction industry; C.The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. Contractor is responsible for requesting additional wage classifications and wage rate and fringe benefits not contained in the wage decision. Temporary approvals by the federal awarding agency may be issued pending review of the request by the Department of Labor. Any work performed during the Department of Labor Wage and Hour Administrator ("Department of Labor") review period will be paid at the base wage and fringe benefit amount conditionally approved by the awarding agency until a conformance rate is assigned by the Department of Labor. If the request is denied by the Department of Labor, contractor will immediately begin to pay the required wages and make wage restitutions to the affected employees. Contractor shall bear the risk that the request for additional classifications will be denied. Contractor shall be solely responsible for appealing any wage determinations to the Department of Labor. The City will not grant any changes to the Contract Agreement based upon mistakes or denied requests relating to prevailing wages. 4.12.PAYMENT OF FRINGE BENEFITS Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor or subcontractors, as appropriate, shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly case equivalent thereof. If the contractor or subcontractor does not make payments to a trustee or other third person, he/she may consider as a part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided that the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. 31 Public Improvement Invitation for Bid #24-094 (CD2014) Title: Mitchell Park Shelter Installation (CDBG) 4.13.APPRENTICE PARTICIPATION Apprentices will be permitted to work at less than the predetermined rate for the work they perform when they are employed pursuant to and individually registered in a bona fide apprenticeship program duly registered with the DOL, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State apprenticeship agency recognized by the Bureau. The allowable ratio of apprentices to journeyman-level employees on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any employee listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate listed in the wage determination for the classification of work actually performed. All rulings and interpretations of the Davis-Bacon Act and related acts contained in 29 CFR 1, 3 and 5 are herein incorporated by reference in this contract. 4.14.WITHHOLDING PAYMENT FOR UNPAID WAGES The City shall upon its own action or upon written request of an authorized representative of the DOL withhold, or cause to be withheld, from the contractor or subcontractor under this contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements which is held by the same contractor, as much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic employed or working on the site of the work, all or part of the wages required by the contract, the City may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 4.15.VIOLATIONS AND LIABILITY FOR UNPAID WAGES AND LIQUIDATED DAMAGES In the event of any violation of the requirements set forth in this document, the contractor and any subcontractor responsible for the violation shall be liable to the affected employee for his/her unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States for liquidated damages. 4.16.STATEMENTS AND PAYROLLS Applicable to all Federally-assisted construction contracts exceeding $2,000 and to all related subcontracts. The contractor shall comply with the Copeland Regulations of the Secretary of Labor. Payrolls and basic records relating thereto shall be maintained by the contractor and each subcontractor during the course of the work and preserved for a period of 3 years from the date of completion of the contract for all laborers, mechanics, apprentices, watchmen, helpers and guards working at the site of the work. The payroll records shall contain the name, social security number, and address of each such employee; his or her correct classification; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalent thereof the types described in Section 1(b)(2)(B) of the Davis Bacon Act); daily and weekly number of hours worked; deductions made; and 32 Public Improvement Invitation for Bid #24-094 (CD2014) Title: Mitchell Park Shelter Installation (CDBG) actual wages paid. Whenever the Secretary of Labor has found that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis Bacon Act, the contractor and subcontractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, that the plan or program has been communicated in writing to the laborers or mechanics affected, and show the cost anticipated or the actual cost incurred in providing benefits. Contractors or subcontractors employing apprentices under approved programs shall maintain written evidence of the registration of apprentices and ratios and wage rates prescribed in the applicable programs. Each contractor and subcontractor shall furnish, each week in which any contract work is performed, to the awarding agency or an agent thereof, a certified payroll report of wages paid each of its employees. The payroll submitted shall set out accurately and completely all of the information required to be maintained. This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal stock number 029-005-0014-1), U.S. Government Printing Office, Washington, D.C. 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his/her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: That the payroll for the payroll period contains the information required to be maintained and that such information is correct and complete; That such laborer or mechanic employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in the Regulations, 29 CFR 3; That each laborer or mechanic has been paid not less than the applicable wage rate and fringe benefits or cash equivalent for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance". 33 Public Improvement Invitation for Bid #24-094 (CD2014) Title: Mitchell Park Shelter Installation (CDBG) 5.GENERAL PROVISIONS The provisions of this Section are of a general nature and are intended to apply to contract work of all types. Whenever any of these provisions do not apply to a specific contract, the exceptions are noted in SPECIAL PROVISIONS. 5.1.BIDDING AND CONTRACT EXECUTION: DEFINITIONS The following terms, as used in these Contract Documents, are respectively defined as follows: A.C ity: City of Pueblo, Colorado B.Closing Time:The scheduled closing time for the receipt of bids and the opening thereof. C.Contractor: The person, persons, firm, or corporation to whom the within Contract is awarded by the City and who is subject to the terms of said Contract. Also, the agents, employees, workers, or assignees of said Contractor. D.Engineer: Unless otherwise stated in the Special Provisions, Engineer shall mean the Director of Public Works of Pueblo, Colorado, or their authorized agents. E.Work: All work contemplated by the Contract Documents and Specifications including materials, labor, supervision, and use of tools necessary to complete the project in full compliance with the terms of the Contract. F.Notice: Where in any section of the Contract Document there is any provision in respect to the giving of any notice, such notice shall be deemed to have been given (as to the City) when written notice shall be delivered to the Engineer or shall have been placed in the United States Mail addressed to the Purchasing Department at the place where the bids, or proposals for the Contract were opened; (as to the Contractor) when a written notice shall be delivered to the chief representative of the Contractor at the site of the project to be constructed under the Contract or when such written notice shall have been placed in the United States mail addressed to the Contractor at the place stated in the papers prepared by them to accompany their proposal as the address of their permanent place of business; (as to the Surety) on the performance and payment bonds when a written notice is placed in the United States mails addressed to the Surety at either the home office of such Surety or when such notice is placed in the United States mails addressed to the Commissioner of Insurance of the State of Colorado. e entire improvement proposed by the City to be constructed in whole or in part G.Project: Th pursuant to the Contract Documents. H.Subcontractor: A person, firm, or corporation, other than the Contractor, supplying labor and materials, or labor only, on work at the site of the project, having a direct contract with the Contractor and including one who furnishes material worked to a special design according to the plans and specifications of this work, but not including one who merely furnishes material not so worked. 34 Public Improvement Invitation for Bid #24-094 (CD2014) Title: Mitchell Park Shelter Installation (CDBG) I.Surety: The person, firm, or corporation that has executed, as surety, the Contractor’s Performance and Payment Bonds. 5.2.BIDDING AND CONTRACT EXECUTION: SITE EXAMINATION A.Bidders shall inform themselves of the conditions under which the work is to be performed, concerning the site of the work, the structure of the ground, obstacles which may be encountered, availability of labor and all other relevant matters concerning the work to be performed. Where soil reports or test boring logs indicating underground conditions are provided or shown on the plans, such information shall be considered only as indicative of conditions as observed at the time and place indicated, and the City in no way warrants the accuracy or reliability of said reports or boring logs and is not responsible for any deduction, interpretation or conclusion drawn therefrom by the Contractor. Contractor acknowledges that the City shall not be held responsible for any variance in conditions or unforeseen conditions encountered at the time of actual construction. It shall be the responsibility of the Contractor to satisfy themself by such methods as they deem necessary prior to the letting as to underground conditions, structures, and obstacles to be encountered. B.The Contractor to whom a contract is awarded will not be allowed any extra compensation by reason of any matter or thing concerning which they might fully have informed themself, prior to the bidding. Misunderstanding as to the amount of work, availability of materials or labor shall be no cause for failure to enter into the Contract or to perform the same. C.The successful Contractor will be required to employ, so far as possible, such methods and means in the carrying out of their work as will not cause any interruption or interference with any other Contractor. 5.3.BIDDING AND CONTRACT EXECUTION: SPECIFICATION REQUIREMENTS A.The bidder is expected to base their bid on materials and equipment complying fully with the plans and specifications, and in the event they name in their bid, materials or equipment which do not conform, they will be responsible for furnishing materials and equipment which fully conform at no change in their bid price. B.Before submitting a bid, each Contractor should read the complete specifications and plans, including all related documents contained herein, all of which contain provisions applicable not only to the successful bidder, but also to their subcontractors. 5.4.BIDDING AND CONTRACT EXECUTION: SUSPENSION AND DEBARMENT A.Bidder acknowledges that as of the solicitation submittal date, neither the Contractor, nor its subcontractor(s), is (a) debarred, suspended, or subject to any proceeding for debarment or suspension with a final determination still pending; declared ineligible or voluntarily excluded (as such terms are defined in any of the Debarment Regulations) from participating in procurement or non-procurement transactions with any Federal, State, or City government 35 Public Improvement Invitation for Bid #24-094 (CD2014) Title: Mitchell Park Shelter Installation (CDBG) department or agency pursuant to any of the Debarment Regulations, or (b) indicted, convicted or had a Judgment rendered against the Contractor, or its subcontractor(s) for any of the offenses listed in any of the Federal, State, or City’s Debarment Regulations and no event has occurred and no condition exists that is likely to result in the debarment or suspension of the Contractor, or its subcontractor(s), from contracting with the City of Pueblo, Federal or State government, or any agency or instrumentality thereof. 5.5.BIDDING AND CONTRACT EXECUTION: STATEMENT OF BIDDER’S PLANT AND FINANCIAL CONDITION A.Each bidder shall be prepared to submit the following data within seven (7) days upon demand of the Purchasing Agent. 1.A statement that the bidder maintains a permanent place of business and address thereof; 2.A statement of the equipment which the bidder proposes to use on the project, together with a statement identifying that equipment previously mentioned which the bidder owns and that which bidder does not own, but is certain they will be able to rent or otherwise procure for use on the project; 3.A financial statement, duly sworn to and in form approved by the City, listing assets and liabilities; 4.Statement listing projects of similar nature which the bidder has constructed or in the construction of which the bidder was actively engaged in a responsible capacity; 5.A statement that the bidder: (i) is not presently debarred or suspended by the Colorado State purchasing director or the head of any Colorado purchasing agency, (ii) is not listed on any federal government list of debarments, suspensions or voluntary exclusions, including but not limited to, the List of Parties Excluded From Federal Procurement or Nonprocurement Programs maintained by the General Services Administration, and (iii) neither bidder nor any person or firm who has an interest in bidder's firm is a person or firm ineligible to be awarded a federal government contract by virtue of any provision of federal law. In the event bidder cannot truthfully make the required statement, bidder shall furnish a detailed statement indicating the reasons therefore. B.By submitting a bid, bidder authorizes the City to obtain information concerning bidder's performance on other projects it has performed during the prior five (5) years, including those listed by bidder and those not listed which City may become aware of. The bidder also waives and releases all claims against owners, architects, and engineers, and their agents and representatives, relating to or arising from the furnishing of such information to the City concerning bidder's performance on prior projects. In order to effectuate the intent of this clause, bidder may be required by City to execute information release authorization forms. 36 Public Improvement Invitation for Bid #24-094 (CD2014) Title: Mitchell Park Shelter Installation (CDBG) C.Any bidder may be required by the City to submit additional data to satisfy the City that such bidder is prepared to fulfill the Contract if it is awarded to them. D.The failure of bidder to furnish any information which is or may be required to be furnished under this section shall be grounds for determining bidder not responsible. 5.6.BIDDING AND CONTRACT EXECUTION: CONDITIONS IN A BIDDER'S PROPOSAL A bidder shall not stipulate in their proposal any conditions not contained in the Contract Documents. 5.7.BIDDING AND CONTRACT EXECUTION: QUANTITIES Bidders must satisfy themselves by personal examination of the locations of the proposed work and by such other means as they may prefer as to the correctness of any quantities listed in the proposal and shall not after submission of their proposal, dispute or complain of such estimate, nor assert that there was any misunderstanding in regard to the nature or amount of work to be done. 5.8.BIDS: DATA SHEETS Where data sheets concerning equipment to be furnished are included in the Specification Documents as a part of the proposal, the bidder shall furnish the required information by filling in the data sheets complete in every detail. In the event that such data sheets are insufficient, or do not readily lend themselves to the correct description of the equipment, the bidder shall file with the bid additional statements setting out the necessary information. Failure to furnish such information as is required on the data sheets will be considered as grounds for rejecting the bid. 5.9.BIDS: SUBMISSION AND CONSIDERATION OF BIDS A.All bids are to be made only on forms furnished by the City. Total bid prices are to be written both by words and by figures; in case of conflict, former will apply. Unit bids may be made by figures only. No bid will be accepted which does not contain an adequate or reasonable price for each and every item named in the bidding schedule on the Contract bid form. B.The City reserves the right to waive any or all informalities in bids. C.The City reserves the right to reject any or all bids, or any or all parts of bids D.A Colorado resident bidder shall be allowed a preference against a nonresident bidder to the extent authorized by, and subject to the limitations of, Articles 18 and 19 of Title 8, Colorado Revised Statutes; provided however, that this paragraph shall be suspended to the extent any such preference is inconsistent with a requirement of federal law or the terms and conditions of any grant or cooperative agreement to which the City is a party which relates to the Project. 37 Public Improvement Invitation for Bid #24-094 (CD2014) Title: Mitchell Park Shelter Installation (CDBG) 5.10.BIDS: BID SECURITY A.No bid will be received unless accompanied by a certified check, cashier's check, money order, bid bond or other suitable collateral, in the amount of not less than five percent (5%) of the amount of the Total Base Bid plus all Bid Alternates, payable to the City as a guarantee that if the bid is accepted, the bidder will execute and file the proposed Contract and bonds within ten (10) business days from the date of the award of the Contract. On failure of the successful bidder to execute the Contract and furnish bonds, they shall forfeit the deposit as agreed as liquidated damages, and the acceptance of the bid will be contingent upon the fulfillment of this requirement by the bidder. B.The bid security of the three lowest formal bidders for each contract may be held until the Contract is executed and approved and then returned to the bidders. The balance of bid securities submitted will be returned within seven (7) days after the opening of bids. 5.11.BIDS: SIGNING OF BIDS A.Bids which are not signed by individuals making them should have attached thereto a power of attorney evidencing authority to sign the bid in the name of the person for whom it is signed. B.Bids which are signed for a co partnership should be signed by all of the co-partners or by an attorney in fact. If signed by an attorney in fact, there should be attached to the bid a power of attorney evidencing authority to sign the bid. C.Bids which are signed for a corporation should have the correct corporate name thereof and should be signed by the president or vice president. D.If bids are signed for any other legal entity, the authorization of the person signing for such legal entity should be attached to the bid. 5.12.BIDS: MODIFICATION OF BIDS Modification of bids already submitted will be permitted, provided such modification be in writing and transmitted to the Purchasing Agent of the City prior to closing time. Such modification shall not reveal the total amount of the original or revised bid. 5.13.BIDS: WITHDRAWAL OF BIDS Any bidder may withdraw their bid any time prior to the closing time, but no bid shall be withdrawn for a period of one hundred twenty (120) days after closing time. Negligence or mistake on the part of the bidder shall not constitute a right to withdraw after closing time. Any bid received after closing time will be rejected. 38 Public Improvement Invitation for Bid #24-094 (CD2014) Title: Mitchell Park Shelter Installation (CDBG) 5.14.BIDS: DUPLICATION OF BIDS If more than one bid be offered by one party, all such bids shall be returned unopened. If duplicate bids are not discovered until after opening, such duplication shall be cause for immediate rejection of such bids. A party who has quoted prices to a bidder is not thereby disqualified from quoting prices to other bidders, or from submitting a direct bid on their own behalf. 5.15.BIDS: ALTERNATES A.If the bid form includes alternates, each bidder shall bid on each alternate unless otherwise directed in the Special Conditions or other Contract Documents. B.Each bidder must submit such special data, if any, in respect to such alternate which any section of the Contract Documents requires to be submitted with each bid. 5.16.BIDS: SUPPLEMENTAL UNIT PRICES A.On a lump sum contract, or partial lump sum contract, the City reserves the right to reject any or all supplemental unit prices which it deems to be excessive or unreasonable. B.In cases where any part or all of the bidding is to be received on a unit price basis, the quantities stated are not intended to govern. The quantities stated, on which unit prices are to be invited are approximate only, and each bidder will be required to make their own estimates of amounts, and to calculate their unit price bid accordingly. Bids will be compared on the basis of the stated number of units in the proposal form. Such estimated quantities, while made from the best information available, are approximate only. Payment on the Contract will be based on actual number of units installed on the completed work. In the event of an error in the extension of prices, the unit price bid shall govern. 5.17.CONTRACTS: AWARD OF CONTRACT A.The Contract shall be awarded to the responsible bidder submitting the lowest and most responsive bid within one hundred twenty (120) days from the date of opening of said bids. Award shall be at the sole discretion of the City. B.Subject to execution of the Contract by the Director of Finance certifying that a balance of appropriation exists and funds are available, the amount of money appropriated is equal to or in excess of the contract price; provided, however, that if construction is phased and subject to annual appropriation, funds only in the amount of initial appropriation are available and Contractor shall confirm availability of funds before proceeding with work exceeding initial and subsequent annual appropriations. 5.18.CONTRACTS: DEFINITION OF AWARD The Contract shall be deemed to have been awarded when formal Notice of Award shall have been duly served upon the intended awardee (i.e., the bidder to whom the City contemplates awarding the Contract) by the Purchasing Agent of the City. 39 Public Improvement Invitation for Bid #24-094 (CD2014) Title: Mitchell Park Shelter Installation (CDBG) 5.19.CONTRACTS: EXECUTION OF CONTRACTS AND BONDS A.The successful bidder shall enter into a written contract agreement with the City on the form attached hereto. The bidder must comply with all State and Federal Laws as to provision of Workers' Compensation. Such contract agreement shall be subject to the Charter of Pueblo, the Code of Ordinances, City of Pueblo, and the Ordinance, if any, creating any Special Improvement District formed to carry out this project. B.Each contract shall be executed in one (1) original counterpart, unless instructed otherwise in Notice of Award, and there shall be executed original counterparts of the Contractor's Performance Bond and Payment Bond in equal number to the executed original counterparts of the Contract. Not less than two (2) copies of such executed documents will be retained by the City and one (1) copy will be delivered to the Contractor. The successful contractor must provide workers' compensation insurance and public liability and property damage insurance as outlined in the General Provisions of the Contract. The costs of executing the bonds and contract and insurance, including all notarial fees and expense, are to be paid by the Contractor to whom the Contract is awarded. 5.20.CONTRACT: CONTRACT SECURITY The Contractor shall furnish a good and sufficient Performance Bond and Payment Bond on the forms attached hereto each in an amount not less than the full amount of the contract price, as security for the faithful performance of the Contract and for the payment of all persons performing labor and furnishing material in connection with the work. Said bonds shall be executed by a corporate surety duly authorized to issue bonds in the State of Colorado. Said bonds shall also be complete surety for all guarantees of materials and workmanship required by any provision of the Contract Documents or the specifications. If at any time during the continuance of the Contract a Surety on either of the Contractor's bonds becomes irresponsible or insolvent the City shall have the right to require additional and sufficient sureties which the Contractor shall furnish within ten (10) days after written notice to do so. 5.21.CONTRACTS: VERBAL AGREEMENTS No verbal agreements or conversations with any agent or employee of the City, either before or after execution of the Contract, shall affect or modify any of the terms or obligations contained in any of the documents comprising said Contract. 5.22.CONTRACTS: SCHEDULE OF UNIT PRICES A.Promptly following the execution of the Contract Documents for all lump sum contracts, the Contractor shall prepare and transmit to the Engineer two copies of an itemized breakdown showing the unit quantities of each major construction item and the corresponding unit prices. Such unit prices shall contain all costs including profit, of each item complete in place. The total cost of all the items shall equal the contract price for the project. This breakdown when approved by the Engineer, will be used primarily in determining payment due the Contractor on periodical estimates. If, in the opinion of the Engineer, any unit price submitted by the 40 Public Improvement Invitation for Bid #24-094 (CD2014) Title: Mitchell Park Shelter Installation (CDBG) Contractor is unbalanced, a detailed breakdown of the items contained in the unit will be required. B.For contracts bid on a unit price basis, unit bid prices for substantially completed work will be used in determining payment due the Contractor on periodical estimates. Partially completed units may be paid for in periodical estimates. 5.23.SUBCONTRACTS: SUBCONTRACTORS A.The Contractor shall as soon as possible after the execution of the Contract, notify the City in writing of the names of the subcontractors proposed on the Contract, and shall not employ any subcontractor that the City objects to as incompetent, unfit or otherwise disqualified. Additionally, Contractor shall not employ in the work any subcontractor, nor obtain materials from any supplier, who is (1) debarred or suspended by the Colorado state purchasing director or head of any Colorado purchasing agency or (2) listed on any federal government list of debarments, suspensions or voluntary exclusions, including but not limited to, the List of Parties Excluded from Federal Procurement or Nonprocurement Programs maintained by the General Services Administration. B.The Contractor agrees to be fully responsible to the City for the acts or omissions of their subcontractors and of anyone employed directly or indirectly by the Contractor or subcontractors and this contract obligation shall be in addition to the liability imposed by law upon the contractor. C.Nothing contained in the Contract Documents shall create any contractual relationship between any subcontractor and the City. D.The Contractor agrees to bind every subcontractor (and every subcontractor of a subcontractor) by the terms of the General Provisions and the SPECIAL PROVISIONS of the Contract, Plans and Specifications as far as applicable to their work, unless specifically noted to the contrary in a subcontract approved in writing as adequate by the City. 5.24.SUBCONTRACTS: ASSIGNMENT OF CONTRACT No assignment by the Contractor of any principal construction contract or any part thereof or of the funds to be received thereunder by the Contractor, will be recognized unless such assignment has had the written approval of the City and the Surety has been given due notice of such assignment and has furnished written consent thereto. Such written approval by the City shall not relieve the Contractor of the obligations incurred by them under the terms of this Contract. In addition to the usual recitals in assignment contracts, the following language must be set forth: "It is agreed that the funds to be paid to the assignee under this assignment are subject to a prior lien for services rendered or materials supplied for the performance of the work called for in said contract in favor of all persons, firms or corporations." 41 Public Improvement Invitation for Bid #24-094 (CD2014) Title: Mitchell Park Shelter Installation (CDBG) 5.25.SUBCONTRACTS: OTHER CONTRACTS The City may award other contracts for additional work, at the site of the project (or other locations) and the Contractor shall fully cooperate with such other contractors and carefully fit their own work to that provided under other contracts as may be directed by the City. The Contractor shall not commit or permit any act which will interfere with the performance of work by any other contractor. 5.26.INDEMNITY AND INSURANCE: INDEMNITY The Contractor and their sureties shall indemnify, defend and save harmless the City of Pueblo and all of its officers, agents and employees from all suits, actions or claims of any character, name and description brought for or on account of any injuries or damage received or sustained by any person or persons or property, on account of any negligent act or fault of the Contractor, their agents or employees, in performance of said Contract; or on account of the failure of the Contractor to provide necessary barricades, warning lights or signs; and shall forthwith pay any judgment, with costs, which may be obtained against the City, its officers, agents or employees, growing out of such injury or damage. 5.27.INDEMNITY AND INSURANCE: CONTRACTOR’S INSURANCE The Contractor shall not commence work under this Contract until Contractor has obtained at their own expense and without cost to the City all insurance required under this paragraph and such insurance has been approved by the City Attorney, nor shall the Contractor allow any subcontractor to commence work on their subcontract until all similar insurance required of the subcontractor has been so obtained and approved. The Contractor shall maintain such insurance until the final acceptance by the City of all construction covered by the Contract. A.Commercial General Liability Insurance: The Contractor shall secure and maintain during the period of this Contract and for such additional time as work on the project is being performed, Commercial General Liability Insurance issued to and covering the liability of the Contractor with respect to all work performed by them and all their subcontractors under the Contract, to be written on a Commercial General Liability policy form CG 00 01. This insurance shall be written in amounts not less than $1,000,000 for each occurrence and aggregate for personal injury including death and bodily injury and $1,000,000 for each occurrence and aggregate for property damage. This policy of insurance shall be endorsed naming the City of Pueblo, its agents, officers, and employees as additional insureds. To the extent that Contractor’s work, or work under their direction, may require blasting, explosive conditions, or underground operations, the commercial general liability coverage shall contain no exclusion relative to blasting, explosion, collapse of building, or damage to underground property. The policy shall also provide coverage for contractual liability assumed by Contractor under the provisions of the Contract, and “Completed Operations and Projects Liability” coverage. B.Comprehensive Automobile Liability Insurance: The Contractor shall procure and maintain during the period of the Contract and for such additional time as work on the project is being performed, Comprehensive Automobile Liability Insurance. This insurance shall be written with 42 Public Improvement Invitation for Bid #24-094 (CD2014) Title: Mitchell Park Shelter Installation (CDBG) limits of liability for and injury to one person in any single occurrence of not less than $350,000 and for any injury to two or more persons in any single occurrence of not less than $1,000,000. This insurance shall include uninsured/underinsured motorist coverage and shall protect the Contractor from any and all claims arising from the use both on and off the site of the project of automobiles, trucks, tractors, backhoes, and similar equipment whether owned, leased, hired, or used by Contractor. C.Workers' Compensation Insurance: The Contractor shall procure and maintain during the period of this Contract and for such additional time as work on this project is being performed, Workers' Compensation Insurance, including Occupational Disease Provisions, fully complying with the provisions of the Workers' Compensation Act, as amended, of the State of Colorado. Such insurance shall be obtained notwithstanding that Contractor may have no employees as defined under said Act or that Contractor might otherwise avail itself of an exemption under the Act from any legal requirement to obtain such coverage. Such insurance shall cover all employees of Contractor performing work on the project irrespective of whether such employees may be shareholders, managers, partners or owners of Contractor or exempt employees under the Act. If any class of employees engaged in hazardous work under this Contract at the site of the project is not protected by the Workers' Compensation Statute, the Contractor shall provide, and similarly shall cause each subcontractor to provide, special insurance for the protection of such employees not otherwise protected. Workers’ Compensation policy shall contain an endorsement waiving subrogation against the City. D.Inland Marine/Installation Floater Insurance: All tools and equipment that the Contractor has at the job site or is owned by the Contractor and/or subcontractors are the responsibility of the Contractor, respectively. When specified in SPECIAL PROVISIONS Contractor shall obtain an installation floater to cover that portion of the work to be constructed, installed, altered or repaired by contractor. The installation floater policy must include coverage for the fixtures, materials, supplies, machinery and equipment used in or incidental to the construction project as well as property kept off-site or while in transit. Coverage must also include property of others in the contractor’s care, custody or control including but not limited to materials paid for by City pursuant to General Provisions Section 5.63 of this contract. The City shall be named as loss payee on the policy with coverage extending through the final completion date for all materials or supplies purchased for the project. The City of Pueblo assumes no responsibility for protection, maintenance, or repair of any tools or equipment used on this project. E.Builder's Risk Insurance: When specified in SPECIAL PROVISIONS, the Contractor shall secure and maintain during the period of this Contract, Builder's Risk "All Risk" Completed Value Insurance coverage (including vandalism) upon 100% of the cost of the entire project which is the subject of this Contract and including completed work, work in progress, and materials delivered to the site for incorporation therein. Such insurance shall include as additional named insureds, the City, its officers, agents and employees, and any other person with an insurable interest designated by the City as an Additional Named Insured. Such insurance may have a 43 Public Improvement Invitation for Bid #24-094 (CD2014) Title: Mitchell Park Shelter Installation (CDBG) $2,500 maximum deductible clause, which deductible amount shall be the responsibility of the Contractor. In the event the project site is located within the floodway or floodplain, or located within 500 feet of any lake, stream, river or other natural watercourse, the policy shall contain a flood endorsement. F.A ny Subcontractor Performing Work for the Contractor: Any subcontractor performing work for the Contractor under the Contract shall provide certificates of insurance protection to the Contractor and to the City of Pueblo, Colorado, of the same type and in the same amounts as required by the Contractor. G.The Insurance Coverage: The insurance coverage enumerated in the above subparagraphs constitutes the minimum requirements and said enumeration shall in no way lessen or limit the liability of the Contractor under the terms of the Contract. The Contractor shall procure and maintain, at their own cost and expense, any additional kinds and amounts of insurance that, in their own judgement, may be necessary for their proper protection in the prosecution of the work. H.Certificates of Insurance: Certificates of Insurance for Workers' Compensation Insurance, Commercial General Liability Insurance, and Comprehensive Automobile Liability Insurance shall be filed with the City prior to the execution of the Contract. Certificates for Inland Marine/Installation Floater Insurance and Builder's Risk Insurance shall also be filed with the City when such insurance is required for the project. Said insurance shall not thereafter be canceled, permitted to expire, or be changed without 30 days advance written notice to the City. 5.28.GUARANTEES, PATENTS, PERMITS: GUARANTEES A.All work shall be constructed in compliance with applicable building and construction codes and must be guaranteed for a period of two (2) years from the date of final acceptance, or for such other period as may be required in the SPECIAL PROVISIONS. B.In placing orders for equipment, the Contractor shall purchase same only under a written guarantee from the respective manufacturer that the equipment supplied will function satisfactorily as an integral part of the completed project in accordance with the plans and specifications. Furthermore, the Contractor shall require that the manufacturer agree in writing at the time the order for equipment is placed, that they will be responsible for the proper functioning of the equipment in cooperation with the Contractor, and that whenever necessary during the installation period or tuning up period following construction period the manufacturer will supply, without additional cost to the City, such superintendence and mechanical labor and any additional parts and labor needed to make the equipment function satisfactorily, even if same was not shown on approved shop drawings. C.The provisions of this section concerning guarantee by Contractor shall be construed in a manner consistent with the requirements and limitations of 23 CFR § 635.413. 44 Public Improvement Invitation for Bid #24-094 (CD2014) Title: Mitchell Park Shelter Installation (CDBG) 5.29.GUARANTEES, PATENTS, PERMITS: PERMITS, SURVEYS, AND COMPLIANCE WITH LAWS A.Except as may otherwise be indicated in the Contract Documents, the Contractor shall procure at their own expense all permits, licenses, and bonds necessary for the prosecution of their work, and/or required by Municipal, State, and Federal regulations and laws, including, but not limited to, permits for transportation of materials and equipment, blasting, environmental permits, and any other permit required for the project or Contractor's operations, regardless of whether the necessity for such permit is disclosed in the plans and specifications. B.The City will furnish all site surveys, easements, and rights of way necessary for construction of any permanent works required in the specifications, where such work is to be done on property other than the City's. C.The Contractor shall give all notices, pay all fees and taxes, including City Sales and Use Taxes, and comply with all Federal, State and Municipal laws, ordinances, rules, and regulations and building and construction codes bearing on the conduct of the work. This Contract as to all matters not particularly referred to and defined herein shall notwithstanding be subject to the provisions of all pertinent ordinances of the Municipality within whose limits the work is constructed, which ordinances are hereby made part hereof with the same force and effect as if specifically set out herein. D.This Contract is specifically subject to the provisions of the Charter of Pueblo, all applicable portions of the 1971 Code of Ordinances of Pueblo, Colorado, and of the ordinance, resolution or order of the City Council authorizing this improvement. The aggregate payment on this Contract may not exceed the estimates of the Engineer nor the amount budgeted for the project. If the cost of the improvement to be constructed under this Contract is to be assessed upon the owners of land benefited by such improvements, upon complaint of any such landowner that the improvement in not being constructed in accordance with the Contract, the Council may consider the complaint and make such order in the premises as shall be just, and such order shall be final and conclusive. 5.30.GUARANTEES, PATENTS, PERMITS: DEFENSE OF CLAIMS OR SUITS BY REASON OF PATENT INFRINGEMENT The Contractor shall pay for all royalties and patents for any patented product used by them or incorporated in the work, and shall defend all claims or suits for infringement of any patent right brought against themself thereof; except such claims or suits arising by reason of patent infringements or unauthorized use of patented processes where such is the direct result of specification requirements (as distinguished from patented articles, apparatus, or equipment). 5.31.GUARANTEES, PATENTS, PERMITS: LICENSE OR ROYALTY FEES If the project is designed so as to require or permit the use of a process or processes (as distinguished from articles, apparatus, or equipment) for which license or royalty fees will be charged, such fees for 45 Public Improvement Invitation for Bid #24-094 (CD2014) Title: Mitchell Park Shelter Installation (CDBG) the use of such processes will be paid by the Contractor to the Patentee, Licensee or owner of such process, and bidder shall include shall fees in their bid. 5.32.PLANS AND SPECIFICATIONS A.All work shall be executed in strict conformity with the plans and specifications, and the Contractor shall do no work without proper drawings and instructions. B.The City will furnish to the Contractor one (1) complete set of Contract Documents, including drawings. Additional copies of same or any part thereof shall be furnished at the expense of the Contractor. C.Figured dimensions on the plans shall be taken as correct but shall be checked by the Contractor before starting construction. Any errors, omissions, or discrepancies shall be brought to the attention of the Engineer and their decision thereon shall be final. All notes on the plans shall be followed. Corrections of errors, or omissions on the drawings or specifications may be made by the Engineer when such correction is necessary for the proper execution of the work. 5.33.PLANS AND SPECIFICATIONS: INTENT OF CONTRACT DOCUMENTS A.The sections of the Contract Documents and the contract plans are complementary, and what is called for by anyone shall be binding as if called for by all. The intention of the Contract Documents is to include in the contract price the cost of all labor and materials, water, fuel, tools, plant, equipment, light, transportation, and all other expense as may be necessary for the proper execution of the work. B.Any work shown on the plans and not covered in the specifications or included in the specifications and not shown on the plans shall be executed by the Contractor as though shown both on the plans and included in the specifications. If the plans and specifications should be contradictory in any part, the specifications shall govern. C.If the Contractor, in the course of the work, finds any discrepancy between the plans and the physical layout, or any errors or omissions in plans or layout, the Contractor shall immediately so inform the Engineer, and the Engineer shall promptly verify them. Any work done after such discovery without written consent of the Engineer authorizing same shall be done at the Contractor's risk. D.Any minor items not specifically called for in the plans and specifications, but which are necessary to complete the work ready for use in accordance with the requirements of good practice, as determined by the Engineer, shall be included as a part of the Contractor's bid price and furnished at no additional cost to the City. E.In interpreting the Contract Documents, words describing materials or work which have a well known technical or trade meaning, unless otherwise specifically defined in the Contract Documents, shall be constructed in accordance with such well known meaning recognized by architects, engineers, and the trade. 46 Public Improvement Invitation for Bid #24-094 (CD2014) Title: Mitchell Park Shelter Installation (CDBG) 5.34.PLANS AND SPECIFICATIONS: INTERPRETATION OF CONTRACT DOCUMENTS If any person contemplating submitting a bid for this Contract is in doubt as to the true meaning of any part of the plans, specifications, or other contract documents, they may submit to the Engineer a written request for an interpretation thereof. The person submitting the request will be responsible for its prompt delivery. Any interpretation of the documents will be made only prior to closing time and by written addendum duly issued or delivered to each person receiving a set of such documents. The City will not be responsible for any other explanations or interpretations of the documents. 5.35.PLANS AND SPECIFICATIONS: STANDARD MANUFACTURER Wherever the terms "standard", "recognized" or "reputable" manufacturer are used, they shall be construed as meaning manufacturers who have been engaged in the business of fabricating materials, equipment, or supplies of the nature called for by the specifications for a reasonable period of time prior to the date set for opening of bids, and who can demonstrate to the satisfaction of the City that said manufacturer has successfully installed equipment, materials, or supplies of the type proposed to be furnished in at least three instances and that the performance of such materials, equipment, or supplies for a period of over twelve months prior to the date fixed for opening bids shall, prima facie, be deemed to have been engaged in such business for a reasonable length of time. 5.36.PLANS AND SPECIFICATIONS: "OR EQUAL" CLAUSE Whenever in any section of the Contract Documents, plans or specifications, any article, material, or equipment is defined by describing a proprietary product, or by using the name of a manufacturer or vendor, the term "or equal" if not inserted, shall be implied. The specific article, material, or equipment mentioned shall be understood as indicating the type, function, minimum standard of design, efficiency, and quality desired and shall not be construed in such a manner as to exclude manufacturers products of comparable equality, design, and efficiency. 5.37.PLANS AND SPECIFICATIONS: MATERIALS AND WORKMANSHIP A.The Contractor shall provide and pay for all materials, labor, water, tools, equipment, light, power, heat, transportation, and other facilities necessary for the execution and completion of the Contract. Unless otherwise stipulated in the specifications, all workmanship, equipment, materials, and articles incorporated in the work covered by this Contract are to be new and of the best grade of their respective kinds for their purpose. The Contractor shall furnish to the Engineer, for their approval, the name of the manufacturer of machinery, mechanical and other equipment, which the Contractor contemplates installing, together with their performance capacities and other pertinent information. B.If not otherwise provided, material or work called for in this Contract shall be furnished and performed in accordance with well known established practice and standards recognized by architects, engineers, and the trade in so far as possible. C.When required by the specifications, or when called for by the Engineer, the Contractor shall furnish for approval full information concerning the materials or articles which the Contractor contemplates incorporating in the work. Samples of materials shall be submitted for approval 47 Public Improvement Invitation for Bid #24-094 (CD2014) Title: Mitchell Park Shelter Installation (CDBG) when so directed. Machinery, equipment, materials, and articles installed or used without such approval shall be at the risk of subsequent rejection. All materials and workmanship shall be guaranteed by the Contractor and Surety for a period of two (2) years from date of final acceptance, or for such period as may be required in the SPECIAL PROVISIONS. D.No material of any kind shall be installed in the project until it has been inspected and approved by the Engineer. All material rejected shall be immediately removed from the site of the work and not again offered for inspection. Any materials or workmanship found at any time to be defective shall be remedied at once regardless of previous inspections. E.At any time during the course of construction of this project when in opinion of the Engineer, provisions of the plans, specifications, or contract provisions are being violated by the Contractor or their employees, the Engineer shall have the right and authority to order all construction to cease or material to be removed, until arrangements satisfactory to the Engineer are made by the Contractor for resumption of the work in compliance with the provisions of the Contract. 5.38.PLANS AND SPECIFICATIONS: SHOP DRAWINGS A.The Contractor, as soon as possible after approval of the source and the purchase of items of materials and equipment, shall submit to the Engineer all shop or setting drawings and schedules required for the work, including those pertaining to structural and reinforcing steel. The Contractor shall make any corrections in the drawings required by the Engineer, and resubmit same without delay. B.Three final copies of all shop or setting drawings shall be submitted to the Engineer, who after checking will retain two copies and return one copy to the Contractor. The Engineer's approval of shop drawings of equipment and material shall extend only to determining the conformity of such equipment and materials with the general features of the design drawings prepared by the Engineer. Shop drawings are not part of the Contract Documents and do not modify the Contract Specifications. It shall be the responsibility of the Contractor to determine the correctness of all dimensions and minor details of such equipment and materials so that when incorporated in the work correct operations will result. 5.39.ENGINEER, INSPECTION, AND TESTING: AUTHORITY OF ENGINEER A.The Engineer shall decide all questions which may arise as to the fulfillment of the Contract on the part of the Contractor and their decision thereon shall be final and conclusive. The Engineer shall have authority to reject all work and materials which do not conform to the Contract and to decide questions which arise in the execution of the work. B.If, in the opinion of the Engineer, the work being done by the Contractor is in violation in any way with the terms of the Contract, the Engineer shall forthwith notify the Contractor to cease said violation. 48 Public Improvement Invitation for Bid #24-094 (CD2014) Title: Mitchell Park Shelter Installation (CDBG) C.The Engineer shall, upon presentation to them, make prompt decisions in writing on all claims of the Contractor and on all other matters relating to the execution and progress of the work or the interpretation of the Contract Documents. All such decisions of the Engineer shall be final and conclusive. D.The Contractor shall submit schedules which shall show the order in which the Contractor proposes to carry on the work, but the right to stipulate the order in which the Contract shall be carried out is reserved to the Engineer. E.In the event either City or Contractor remains dissatisfied with the final decision of the Engineer hereunder, the City or Contractor may seek judicial review thereof pursuant to Rule 106, C.R.C.P. In no event shall the Contractor slow or stop the work while a determination is pending under this section 3.51, and the City will continue to make payment in accordance with the Contract Documents except as to any amount in dispute. 5.40.ENGINEER, INSPECTION, AND TESTING: TESTING OF MATERIALS A.Attention of the Contractor is directed to the materials tests required on this Contract. All laboratory tests shall be approved by an approved testing laboratory. The specific test requirements are set forth in the sections of these specifications which describe the materials or apparatus to be tested. The Contractor shall furnish the Quality Control materials to be tested and shall pay transportation charges and costs of testing on any samples required to be submitted to the laboratory. B.Where certified test reports are required to be furnished by the manufacturer, the Contractor shall furnish duplicate copies of the reports before the material will be approved for use. 5.41.ENGINEER, INSPECTION, AND TESTING: STAKING WORK A.The Engineer will set control stakes for general layout and all necessary grade stakes for construction work. The protection and care of such stakes shall be the responsibility of the Contractor. The Contractor may, at the discretion of the Engineer, be required to pay the cost of replacing stakes which are lost or destroyed. The detail layout of structures and staking of individual items shall be done by the Contractor subject to verification by the Engineer as to compliance with the contract plans and specifications. In any case, the Contractor shall be responsible for the correctness and accuracy of the detail layout of finished structures. B.Any personnel engaged in the surveying work on the project by the Contractor or their subcontractors, who is judged by the Engineer to be incompetent shall be removed from the work and replaced by competent personnel. 5.42.ENGINEER, INSPECTION, AND TESTING: FAILURE TO COMPLETE WORK ON TIME In case the Contractor shall fail to fully perform and complete the work in conformity with the provisions and conditions of the Contract within the specified time limit set forth in the Bid Form or within such 49 Public Improvement Invitation for Bid #24-094 (CD2014) Title: Mitchell Park Shelter Installation (CDBG) further time as, in accordance with the provisions of this agreement shall be fixed or allowed for such performance and completion, the Contractor shall and will pay to the City of Pueblo for each and every day of the additional time in excess of the contract time and any granted extensions thereof, the sum given in the following schedule which said sum per calendar day is agreed upon, fixed and determined by the parties hereto. The amounts shown are considered to be liquidated damages to reimburse the City for the additional costs caused by delayed completion and in no case constitute a penalty. The amounts set forth below may be reduced or supplemented for project specific considerations as provided for in SPECIAL PROVISIONS. ORIGINAL AMOUNT OF LIQUIDATED CONTRACT AMOUNTDAMAGES PER DAY Less than $49,999 $200.00 $50,000 to $99,999 $250.00 $100,000 to 249,999 $300.00 $250,000 to $499,999$400.00 $500,000 to $999,999$500.00 $1,000,000 and above $1,000.00 plus any additional amount specified in Special Provisions 5.43.ENGINEER, INSPECTION, AND TESTING: INSPECTION A.The Engineer and their authorized representatives shall at all times have access to the work wherever it is in preparation or progress and the Contractor shall provide proper and safe facilities for such access and for inspection. B.The Engineer shall have the right to reject materials and workmanship which are defective, or require their correction. Rejected workmanship shall be satisfactorily corrected and rejected materials shall be removed from the premises without charge to the City. If the Contractor does not correct such condemned work and remove rejected materials within a reasonable time fixed by written notice, the City may remove them and charge the expense to the Contractor. C.Should it be considered necessary or advisable by the Engineer at any time before final acceptance of the entire work to make an examination of work already completed, by removing or tearing out same, the Contractor shall on request promptly furnish all necessary facilities, labor, and materials. If such work is found to be defective in any material respect due to fault of the Contractor or their subcontractors, the Contractor shall defray all the expenses of such examination and of satisfactory reconstruction. If, however, such work is found to meet the requirements of the Contract, the actual cost of labor and material necessarily involved in the examination and replacement, plus fifteen (15) percent, will be allowed the Contractor. D.All materials to be incorporated in the work, all labor performed, all tools, appliances, and methods used shall be subject to the inspection and approval or rejection of the Engineer. 50 Public Improvement Invitation for Bid #24-094 (CD2014) Title: Mitchell Park Shelter Installation (CDBG) E.If the Engineer shall point out to the Contractor, their foreman or agent any neglect or disregard of the contract provisions, such neglect or disregard shall be remedied and further defective work shall be at once discontinued. F.The Contractor shall execute the work only in the presence of the Engineer or authorized inspectors, unless provision has been made for the work to proceed without complete engineering supervision or inspection. The presence of the Engineer or Inspector shall in no way relieve the Contractor of the responsibility of this Contract, or be any warrant for the furnishing of bad material or poor workmanship. G.The inspection and supervision of the work by the Engineer is intended to aid the Contractor in applying labor, materials, and workmanship in compliance with the contract provisions. Such inspection and supervision, however, shall not operate to release the Contractor from any of their contract obligations. 5.44.CONTRACTOR'S WORKING CONDITIONS: SUPERINTENDENCE A.The Contractor shall give their personal superintendence to the work or have at the site of the work at all times a competent foreman, superintendent, or other representative satisfactory to the Engineer and having authority to act for the Contractor. All directions given to them shall be as binding as if delivered to the Contractor. Such directions shall be confirmed upon written request to the Engineer by the Contractor or their superintendent. B.In so far as it is practicable and except in the event of discharge by the Contractor or in the event of proven incompetence, the individual who has been designated to represent the Contractor shall so act and shall follow without delay instructions of the Engineer in the prosecution of the work in conformity with the Contract. 5.45.CONTRACTOR'S WORKING CONDITIONS: LABOR A.The Contractor shall employ none but competent and skilled workers and foremen in the conduct of work on this Contract. The Contractor shall at all times enforce strict discipline and good order among their employees. The Engineer shall have the authority to order removal from the work of any Contractor's employee who refuses or neglects to observe any of the provisions of these plans or specifications, or who is incompetent, unfaithful, abusive, threatening, or disorderly in their conduct, and any such person shall not again be employed on this project without permission of the Engineer. B.Colorado labor shall be employed to perform the work to the extent of not less than eighty percent (80%) of each type of class of labor in the several classifications of skilled and common labor employed on this project, as required and defined in Article 17 of Title 8 of C.R.S.; provided, however that this subsection (b) shall be suspended and of no effect to the extent prohibited or inconsistent with a requirement of federal law or regulation or the terms and 51 Public Improvement Invitation for Bid #24-094 (CD2014) Title: Mitchell Park Shelter Installation (CDBG) conditions of any grant or cooperative agreement to which the City is a party and which concerns the Project. C.If required, Contractor shall comply with all of the Davis-Bacon Act. Contractor shall be responsible for educating its officers, employees, representatives, contractors, and subcontractors regarding the applicable Davis-Bacon wages to be paid on this project. Contractor shall be responsible for requesting additional classifications, if necessary, and appealing any wage decisions to the Department of Labor or other applicable governmental entity. Contractor assumes the risk of an unfavorable wage determination. 5.46.CONTRACTOR'S WORKING CONDITIONS: USE OF JOB SITE AND PRIVATE LAND A.The Contractor shall confine their equipment, apparatus, the storage of materials and operations of their workers to limits indicated by law, ordinances, permits or directions of the City and shall not encumber the premises with their materials. B.The Contractor shall not load or permit any part of the structure to be loaded with a weight that will endanger its safety. The Contractor shall enforce the Engineer's instructions regarding signs, advertisements, fires, and smoke. C.The Contractor shall not use any vacant lot or private land as a plant site, depository for materials, or as a spoil site without the written authorization of the owner (or their agent) of the land, a copy of which authorization shall be filed with the City. The Contractor shall not interrupt, constrict, or alter established drainage ways on vacant lots or private land without first obtaining permission from the Engineer and the property owner. 5.47.CONTRACTOR'S WORKING CONDITIONS: PROTECTION OF THE PUBLIC, WORK, AND PROPERTY A.The Contractor shall provide and maintain all necessary watchmen, barricades, red lights, and warning signs and take all necessary precautions for the protection of the public. The Contractor shall continuously maintain adequate protection of all work from damage, and shall take all reasonable precautions to protect the City's property from injury or loss arising in connection with the Contract. The Contractor shall make good any damage, injury, or loss to their work and to the property of the City, except such as may be due to errors in the Contract Documents, or caused by agents or employees of the City. B.The Contractor shall continuously maintain adequate protection of all their work from damage and shall protect the City's and adjacent property from injury arising from or in connection with this Contract. C.The Contractor will be responsible for any and all damage to property, public or private, that may be caused by their operations in the performance of this Contract, and the Contractor shall defend any suit that may be brought against themself or the City on account of damage inflicted 52 Public Improvement Invitation for Bid #24-094 (CD2014) Title: Mitchell Park Shelter Installation (CDBG) by their operations, and shall pay any judgements awarded to cover such damage; provided, however, that if either party to this Contract should suffer injury or damages in any manner because of any wrongful act or neglect of the other party or of anyone employed by them, then they shall be reimbursed by the other party for such damage. Notice of pending claim for such reimbursement shall be made in writing to the party responsible within a reasonable time of the first observance of such damage, and the claim shall be filed and adjusted prior to the time of final payment. 5.48.CONTRACTOR'S WORKING CONDITIONS: ACCIDENT PREVENTION Precaution shall be exercised at all times for the protection of persons (including employees) and property. The safety provisions of applicable local ordinances, State, and Federal laws, and building and construction codes shall be observed. Machinery, equipment, and all hazards shall be guarded or eliminated in accordance with the safety provisions of the Manual of Accident Prevention in Construction, published by the Associated General Contractors of America, to the extent that such provisions are not in contravention of applicable law. 5.49.CONTRACTOR'S WORKING CONDITIONS: INTERFERENCE WITH TRAFFIC In executing the work on this project the Contractor shall not unnecessarily impede or interfere with traffic on public highways or streets. Any question as to what constitutes unnecessary interference with traffic or a hazard to traffic shall be determined by the Engineer and the Traffic Engineer of the City. The Contractor shall confer with and keep Police and Fire Departments of the City fully informed as to street or alleys which are to be closed to traffic for construction purposes. The Contractor shall be responsible for coordination of their work with all affected utilities. 5.50.CONTRACTOR'S WORKING CONDITIONS: SANITARY CONVENIENCES The Contractor shall provide and maintain at the site of the construction work at all times, suitable sanitary facilities for use of those employed on this Contract without committing any public nuisance. Pit type toilets shall be of proper design and fly tight. All toilet facilities shall be subject to the approval of the Pueblo City County Health Department. 5.51.CONTRACTOR'S WORKING CONDITIONS: WORK IN BAD WEATHER No construction work shall be done during stormy, freezing or inclement weather, except such as can be done satisfactorily, and in a manner to secure first class construction throughout, and then only subject to the permission of the Engineer. 5.52.CONTRACTOR'S WORKING CONDITIONS: COMPLIANCE WITH IMMIGRATION REFORM AND CONTROL ACT OF 1986 By submitting a bid, the Contractor certifies that Contractor has complied with the United States Immigration Reform and Control Act of 1986. Contractor represents and warrants that to the extent 53 Public Improvement Invitation for Bid #24-094 (CD2014) Title: Mitchell Park Shelter Installation (CDBG) required by said Act, all persons employed by Contractor for performance of this Contract have completed and signed Form I-9 verifying their identities and authorization for employment. 5.53.CLEANUP AND FINAL COMPLETION: CLEANING UP AND FINAL INSPECTION A.The Contractor shall at all times keep the site of the work free from accumulations of waste materials or rubbish caused by their employees or work and at the completion of the work they shall remove all their rubbish from and about the work and all their tools, equipment, scaffolding and surplus materials and shall leave their work clean and ready to use. In case of dispute, the City may remove the rubbish and surplus materials and charge the cost to the Contractor. This requirement shall not apply to property used for permanent disposal of rubbish or waste materials in accordance with permission of such disposal granted to the Contractor by the City therefore. B.All sewers, conduits, pipes and appurtenances and all tanks, pump wells, chambers, buildings, and other structures shall be kept clean during construction; and as the work or any part thereof approaches completion, the Contractor shall systematically and thoroughly clean and make any needed repairs to them. The Contractor shall furnish at their own expense, suitable tools and labor for removing all water and cleaning out all dirt, mortar, and foreign substances. Any undue leakage of water into the structures such as to make the work, in the opinion of the Engineer, fall short of first class work, shall be promptly corrected by the Contractor at their own expense. Cleaning and repairs shall be arranged, so far as practical, to be completed upon finishing the construction work. Notice to begin the final cleaning, and repairing, if such is needed, will be given by the Engineer, who at the same time will make their final inspection of the work. The Engineer will not approve the final estimate of any portion of the work until after the final inspection is made and the work found satisfactory. 5.54.CLEANUP AND FINAL COMPLETION: CUTTING AND PATCHING A.The Contractor shall do all cutting, fitting or patching of their work that may be required to make its several parts fit together or to receive the work of other contractors shown upon, or reasonably implied by, the plans and specifications of the completed project. B.Any cost caused by defective or ill timed work shall be borne by the party responsible therefore. C.The Contractor shall not endanger any work by cutting, digging or otherwise, and shall not cut or alter the work of any other contractor without the consent of the Engineer. 5.55.CLEANUP AND FINAL COMPLETION: FINAL TESTS After completion of the work the Contractor shall make any and all tests required by the specifications or by municipal or state regulations, and where so provided in said regulations shall furnish the City with certificates of inspection by the municipal or state regulatory bodies. The Contractor shall also make all tests required by the National Board of Fire Underwriters for the purpose of determining insurance rates or other protection of City or the Public. 54 Public Improvement Invitation for Bid #24-094 (CD2014) Title: Mitchell Park Shelter Installation (CDBG) 5.56.CLEANUP AND FINAL COMPLETION: CORRECTION OF WORK AFTER FINAL PAYMENT Neither the final payment nor any provision in the Contract Documents shall relieve the Contractor of the responsibility for negligence or faulty materials or workmanship, whether latent or patent, within the extent and period provided by law. 5.57.CLEANUP AND FINAL COMPLETION: TERMINATION FOR CAUSE A.In the event the Contractor shall be adjudged as bankrupt, or shall make a general assignment for the benefit of their creditors, or a receiver shall be appointed on account of their insolvency, or if they shall persistently or repeatedly refuse or should fail to supply enough properly skilled workers or proper materials, or shall fail to maintain required insurance, or shall fail to make prompt payment to subcontractors or for material or labor, or persistently disregard laws, or ordinances or the instructions of the Engineer, or otherwise be guilty of a substantial violation of any provisions of the Contract, the City may serve written notice upon the Contractor and the Surety of its intention to terminate the Contract, and unless within ten days after the serving of such notice upon the Contractor, such violation shall cease and satisfactory arrangement for correction be made, the Contract shall, upon the expiration of said ten days cease and terminate. In the event of any such termination, the City shall immediately serve notice thereof upon the Surety and the Contractor, and the Surety shall have the right to take over and perform the Contract; provided, however, that if the Surety does not commence performance thereof within thirty days from the date of the mailing to such Surety of a notice of termination, the City may take over the work and prosecute the same to completion for the account and at the expense of the Contractor, and the Contractor and their Surety shall be liable to the City for any excess cost thereby occasioned the City. If the unpaid balance of the contract price shall exceed the expense of finishing the work, including compensation for additional managerial and administrative services, such excess shall be paid to the Contractor. The expense incurred by the City herein provided, and the damages incurred through the Contractor's default, shall be determined by the Engineer whose decision thereon shall be final and conclusive. B.Where the Contract has been terminated by the City, said termination shall not affect or terminate any of the rights of the City as against the Contractor and their Surety then existing or which may thereafter accrue because of such default. Any retention by the City of the moneys due the Contractor under the terms of the Contract shall not release the Contractor or their Surety from liability for their default. 5.58.CLEANUP AND FINAL COMPLETION: FINAL ACCEPTANCE OF THE WORK A.The Contract shall be deemed as having been finally accepted by the City upon authorization of final payment issued by the Engineer. B.Use of part of the improvement by the City before completion of the entire project is not to be construed by the Contractor as an acceptance by the City of that part so used. 55 Public Improvement Invitation for Bid #24-094 (CD2014) Title: Mitchell Park Shelter Installation (CDBG) 5.59.CLEANUP AND FINAL COMPLETION: COMMENCEMENT AND COMPLETION OF WORK A.The Contractor shall commence work within three (3) calendar days of the date of execution of the Contract (unless otherwise stated in the Bid Form), and complete the Contract within the number of calendar days from the date of the Notice to Proceed as stated in the Bid Form. B.The dates fixed for commencement and completion of the work shall be extended for a period equivalent to the time lost because of severe and unusual weather, non delivery of properly ordered materials, or other cause over which the Contractor is not responsible. The Contractor shall document reasons for requesting any such extensions in a letter to the Engineer, and the Engineer shall fix the period of extensions, if any, their decision being binding upon both parties. If satisfactory execution and completion of the Contract shall require work or materials in substantially greater amounts or quantities than those set forth in the Contract, then the contract time shall automatically be increased in the same proportions as the cost of the additional work bears to the original contracted for. No allowance will be made for delays or suspension of the prosecution of the work due to the fault of the Contractor or their subcontractors or suppliers. 5.60.CLEANUP AND FINAL COMPLETION: LIQUIDATED DAMAGES A.In the event that the Contract has not been completed within the specified time (including any approved time extensions as described in Paragraph COMMENCEMENT AND COMPLETION OF WORK) the amounts set forth in Paragraph FAILURE TO COMPLETE WORK ON TIME will be deducted from the amount paid the Contractor, as liquidated damages. B.No other liquidated damages will be charged for noncompletion within the specified time unless specifically stated in the Special Provisions. 5.61.CLEANUP AND FINAL COMPLETION: WAIVER OF STATUTORY LIMITATIONS AND CONDITIONS The rights and remedies available to City under the Contract Documents, including the City’s right to recover liquidated damages, are in addition to, and not limited by, any rights, remedies and limitations provided under law. By bidding upon and entering into this Contract, the Contractor specifically waives all provisions of Chapter 8 of Article 20 of Title 13, Colorado Revised Statues including, without limitations, those relating to defects in the work under the Contract, limitation of damages and notice of claim process. 5.62.MEASUREMENT AND PAYMENT: MEASUREMENT OF WORK A.If the bid for the work under this Contract is on a unit price basis, the actual number of units of each item of work to be constructed may be more or less than the corresponding number given in the bid form or plans, but no variation will be made in the contract unit prices on the account. No extra measurement of any kind will be allowed in measuring the units of work under this 56 Public Improvement Invitation for Bid #24-094 (CD2014) Title: Mitchell Park Shelter Installation (CDBG) Contract, but the actual units of work shall be considered and all lengths will be measured on the centerline of the work, whether straight or curved. The Contractor will be paid the contract price for each unit of work done, which price will include the cost of all work described in the unit specifications. B.The method of measurement shall be as described in that part of the specifications covering the particular units of work or materials furnished. 5.63.MEASUREMENT AND PAYMENT: PAYMENTS A.The Contractor shall prepare and submit to the Engineer a detailed estimate of the work performed during the preceding calendar month, and at the time of completion of the work under the Contract, the Contractor shall prepare and submit to the Engineer a detailed estimate of the work performed since the last calendar month for which the Contractor has submitted an estimate, such estimates to be used after approval as a basis for periodical and final payments. In City's sole and absolute discretion, City may require certifications of payment by any supplier, subcontractor, and materialmen of Contractor with respect to the work performed.When approved, one copy of such estimate will be returned to the Contractor. B.Not later than the 21st day after approval of periodic estimate and receipt of all other required payment submittals as detailed in SPECIAL PROVISIONS , the City will make partial payment to the Contractor on the basis of a duly certified and approved estimate and certifications, if required, of the work performed by the Contractor during the preceding calendar month. The City, at its discretion, may include in such monthly estimates payment for materials that will eventually be incorporated in the project, provided that such material is suitably stored on the site of the project at the time of submission of the estimate for payment. Payment for materials on hand but not in place, unless otherwise provided in the Special Provisions, shall be based on the Contractor's cost of such materials stored at the job site, as evidenced by material bills and freight bills. No additional allowances will be made for handling or drayage by the Contractor's forces, nor overhead, insurance, profit, or other incidental costs. The Contractor shall, if required by the Engineer, present certified copies of receipted bills and freight bills for such materials. Such material when so paid for by the City shall become the property of the City, and in case of default on the part of the Contractor, the City may use or cause to be used by others these materials in construction of the project. C.The City will retain a percentage of the amount of each periodical estimate until the final completion and acceptance by the City of all work included in this Contract. Unless otherwise specified in SPECIAL PROVISIONS , the percentage retained shall be 10%, except that the retainage on the periodic estimate considered to be the final estimate may be reduced by the Engineer to an amount deemed by them sufficient to complete minor work, effect minor repairs or perform minor cleanup, provided, however, that in no event may retainage be reduced to less than five percent (5%) of the original contract amount. Nothing in this section shall be 57 Public Improvement Invitation for Bid #24-094 (CD2014) Title: Mitchell Park Shelter Installation (CDBG) construed to limit or restrict the City’s right to withhold additional amounts pursuant to Section WAIVER OF STATUTORY RETENTION LIMITS of these General Provisions. D.Final payment of the percentage retained by the City on the monthly periodical estimates and on the final estimate will be paid to the Contractor not more than thirty (30) days after final acceptance by the City of the work on this Contract and publication of the statutorily required Notice of Final Settlement. 5.64.MEASUREMENT AND PAYMENT: WAIVER OF STATUTORY RETENTION LIMITS Contractor acknowledges that the City will retain up to 10% of each periodical estimate as set forth in paragraph PAYMENTS (c) above. By bidding upon and entering into this Contract, the Contractor knowingly and voluntarily waives any and all right or entitlement it may have for a lesser percentage to be retained from payments pursuant to Section 24-91-103(1)(a) of the Colorado Revised Statutes. 5.65.MEASUREMENT AND PAYMENT: CITY'S RIGHT TO WITHHOLD CERTAIN AMOUNTS AND MAKE APPLICATIONS THEREOF A.The City may withhold, in addition to retained percentages, from any payment to the Contractor, such an amount or amounts as may be necessary to cover: 1.Claims filed with the City for labor or materials furnished in connection with the work; 2.Correction of defective work not promptly remedied by Contractor; 3.Amounts owed to their suppliers, subcontractors, and workers; 4.An amount sufficient to ensure completion if a reasonable basis exists to believe that the Contract cannot be completed for the balance then unpaid; 5.Damage caused by Contractor to another contractor or public or private property; 6.Excess cost of field engineering and inspection; 7.City Sales and Use Tax to which the City is entitled; 8.Liquidated damages. B.The City may disburse and shall have the right to act as agent for the Contractor in disbursing such funds as have been withheld pursuant to this paragraph to the party or parties who are entitled to payment therefrom. The City will render to the Contractor a proper accounting of all such funds disbursed in behalf of the Contractor. C.Neither the final payment nor any part of the retained percentage shall become due until 30 days after publication of Notice of Final Settlement on the Project and after the Contractor shall have delivered to the City a complete release for themself and all materialmen and 58 Public Improvement Invitation for Bid #24-094 (CD2014) Title: Mitchell Park Shelter Installation (CDBG) subcontractors of all claims or liens arising out of the Contract, or receipt in full in lieu thereof. The Contractor may, however, furnish a bond, satisfactory to the City Attorney, to indemnify the City against any claim or lien. If any claim or lien remains unsatisfied after all payments are made, the Contractor and their Surety shall be liable to the City for all moneys that the latter may be compelled to pay in discharging such claim or lien, including all costs and reasonable attorney's fees. 5.66.MEASUREMENT AND PAYMENT: UNCORRECTED WORK All work performed incorrectly or of incorrect materials shall be replaced before final payment. Final payment will be withheld until such corrections have been accomplished. 5.67.MEASUREMENT AND PAYMENT: CHANGE ORDERS A.The Engineer, in writing, may direct that changes be made in the work to be performed or the materials to be furnished pursuant to the provisions of this Contract. A written change order which causes any increase in the original contract price shall include a statement that lawful appropriations have been made sufficient to cover the costs of the change order. B.Adjustments, if any, in the amounts to be paid to the Contractor by reason of any such change shall be determined by one or more of the following methods: 1.By unit prices contained in the Contractor's original bid and incorporated in this construction contract; 2.By a supplemental schedule of prices contained in the Contractor's original bid and incorporated in this construction contract; or by schedule of unit prices approved by Engineer pursuant to GENERAL PROVISIONS, CONTRACTS: SCHEDULE OF UNIT PRICES; 3.By an acceptable lump sum bid from the Contractor; 4.On a cost plus limited basis not to exceed a specified limit (defined as the cost of labor, materials, and insurance plus a specified percentage of the cost of such labor, materials, and insurance; provided the specified percentage does not exceed fifteen (15) percent of the aggregate cost of such labor, materials, and insurance and shall in no event exceed a specified limit). Provided, however, that the aggregate payment of all work shall in no case exceed the estimate of the Engineer. C.No claims for an addition to the contract sum shall be valid unless authorized in writing as aforesaid. D.In cases where a lump sum bid is submitted by the Contractor in excess of $500.00 (Five Hundred Dollars) and the Engineer considers the bid so submitted is excessive or unreasonable 59 Public Improvement Invitation for Bid #24-094 (CD2014) Title: Mitchell Park Shelter Installation (CDBG) for the changes or added work contemplated, the City reserves the right to request a bid for the same changed items from other contractors. If a bid for such added work is obtained from other contractors at a lesser amount, the City reserves the right to make an award for such work to another contractor unless the Contractor on this Contract agrees to do the added or changed work for the price named by the other contractor. E.It shall be expressly understood and hereby agreed to by the Contractor that no claim for extra work will be recognized by the City unless claim for such added work has been filed by the Contractor within ten (10) days after such alleged extra work was performed. 5.68.MEASUREMENT AND PAYMENT: SIGNIFICANT CHANGES IN CHARACTER OF THE WORK A.The Engineer reserves the right to make, in writing, at any time during the work, such changes in quantities and such alterations in the work as are necessary to satisfactorily complete the project. Such changes in quantities and alterations shall not invalidate the Contract nor release the surety, and the Contractor agrees to perform the work as altered. B.If the alterations or changes in quantities significantly change the character of the work under the Contract, whether such alternations or changes are in themselves significant changes to the character of the work, or by affecting other work cause such other work to become significantly different in character, an adjustment, excluding loss of anticipated profit, will be made to the contract price. The basis for adjustment shall be agreed upon prior to the performance of the work. If a basis cannot be agreed upon for any reason what so ever, then an adjustment will be made either for or against the Contractor in such amount as the Engineer may determine to be fair and equitable. C.If the alterations or changes in quantities do not significantly change the character of the work to be performed under the Contract, the altered work will be paid for as provided elsewhere in the Contract. D.As used in this section, the term “significant change” shall be construed to apply only to the following circumstances: 1.When the character of the work as altered differs substantially and materially in kind or nature from that involved or included in the original proposed construction, or 2.When a major item of work is increased in excess of 125 percent or decreased below 75 percent of the original contract quantity. Any allowance for an increase in quantity shall apply only to that portion in excess of 125 percent of original contract item quantity, or in case of a decrease below 75 percent, to the actual amount of work performed. A major item is defined to be any item having an original contract value in excess of 10 percent of the original contract amount. 60 Public Improvement Invitation for Bid #24-094 (CD2014) Title: Mitchell Park Shelter Installation (CDBG) 5.69.CONTRACTOR'S RIGHT TO TERMINATE: CONTRACTOR'S RIGHT TO STOP WORK OR TERMINATE CONTRACT If the work should be stopped under an order of any court, or other public authority, for a period of three (3) months, through no act or fault of the Contractor or of anyone employed by them, or if the Engineer should fail without cause to issue any estimate within thirty (30) days after it is due, then the Contractor may, upon ten (10) days written notice to the City of Pueblo, stop work or terminate the Contract and recover from the City payment for all work executed plus any loss sustained upon any plant or material plus reasonable profit and damages. 61 Public Improvement Invitation for Bid #24-094 (CD2014) Title: Mitchell Park Shelter Installation (CDBG) 6.VENDOR SUBMISSIONS The answers to following questions constitutes the Contractor's Bid Proposal. 6.1.BID GUARANTEE* To submit a bid bond - Please download the document provided below, complete, and upload. To submit a certified check, cashier's check, or money order - Please scan and upload a copy of your check or money order. The original check or money order must be delivered to the Purchasing Department in person or via mail by the bid submittal deadline date. If sending by mail the envelope must be addressed to: City of Pueblo Purchasing Department 230 S. Mechanic Street Pueblo, CO 81003 The Bid Number and Name must be listed clearly on the outside of the envelope. Bid_Bond.pdf *Response required 6.2.CONFIRMATION OF UNDERSTANDING AND OFFER* Bidders are responsible for obtaining, reading, and carefully examining the entire Contract Documents package, including any Addenda, prior to submitting a bid. Confirming below will serve as the Bidder’s acknowledgement of understanding and ability to comply with all requirements and conditions of this project and that all mandatory submittals are included in this bid proposal. Confirmation must be made by an agent who is legally authorized to bind the company. By confirming below Bidder hereby proposes to furnish all labor, materials, tools, equipment, and all utility/transportation services necessary to perform and complete, in an industry acceptable and professional manner, construction in accordance with the plans and specifications as prepared by or for the City of Pueblo, Colorado, for the sums set forth in the pricing schedule. The Contract shall be awarded to the responsible bidder submitting the lowest and most responsive bid on the basis of the Total Base Bid plus any Bid Alternates selected. Award shall be at the sole discretion of the City. The sum of the Total Base Bid plus all Bid Alternates shall be the basis for establishing the Bid Bond amount. The sum of the Total Base Bid plus any Bid Alternates selected by the City shall be the basis for establishing the amount of the Payment and Performance Bonds for this Contract. Quantities shown on the pricing schedule are subject to additions or reductions. The City reserves the right to adjust the required quantities as necessary. Additional quantities shall be furnished by Bidder at 62 Public Improvement Invitation for Bid #24-094 (CD2014) Title: Mitchell Park Shelter Installation (CDBG) the unit price quoted. The time allowed for construction shall be adjusted in direct proportion to the difference of the adjusted quantities to the estimated quantities. By confirming below Bidder acknowledges that they have examined the quantities shown against the plans and specifications and accepts the said quantities as substantially correct, both as to classification and amount, and as correctly listing the work to be completed. Downloaded plans/drawings must be printed as “Actual Size”; scaling is NOT correct when printed using other options. It is the Bidder’s sole responsibility to ensure plans are printed correctly and to inform third-party printers of this information. The City is not responsible for bidding errors resulting from Bidder’s failure to follow this requirement. The Bidder, if awarded the Contract, agrees to complete and file the Contract Agreement and Payment and Performance Bonds within ten (10) days of the date of Notice of Award, and further agrees to complete the work within 30 calendar days from Notice to Proceed. Liquidated damages will be assessed in accordance with the GENERAL PROVISIONS. Bidders shall not add any conditions or qualifying statements to this bid. If such items are added the bid may be declared nonresponsive and rejected. Bidder shall be subject to all applicable City, County, State, and Federal Taxes in the performance of this Contract. Please confirm *Response required 6.3.NAME, TITLE, AND CONTACT INFORMATION* Enter the Name, Title, and Contact Information, including phone number and email address, of the person providing the Confirmation of Understanding and Offer. *Response required 6.4.SAM.gov REGISTRATION* Upload documentation of active SAM.gov registration with no active exclusions. *Response required 6.5.ACKNOWLEDGEMENTS 6.5.1.AFFIRMATIVE ACTION PLAN REQUIREMENT:* In accordance with LABOR PROVISIONS , Section 2: Nondiscrimination and Equal Employment Opportunity Requirements, the bidder hereby acknowledges that they have a written affirmative action plan which declares that the Contractor and its Subcontractor(s) do not discriminate on the basis of race, color, religion, creed, national origin, sex or age. Bidder further understands that the written plan must be submitted to the City of Pueblo Purchasing Department (and the applicable federal agency in the case of Federally funded projects) within ten (10) days of the award of contract. 63 Public Improvement Invitation for Bid #24-094 (CD2014) Title: Mitchell Park Shelter Installation (CDBG) Neither the receipt by the City of this completed form, nor of any Affirmative Action Plan submitted by any bidder, contractor, or subcontractor, shall constitute any determination by the City of the adequacy of any Affirmative Action Plan. Please confirm your acknowledgment of the above statement: Please confirm *Response required 6.5.2.INSURANCE REQUIREMENTS* Bidder hereby acknowledges understanding of the insurance requirements as set forth in GENERAL PROVISIONS, INDEMNITY AND INSURANCE: CONTRACTOR'S INSURANCE and certifies that they are in compliance with these requirements or will be upon award. Please confirm your acknowledgment of the above statement: Please confirm *Response required 6.5.3.COLORADO LABOR REQUIREMENT:* The bidder named below hereby acknowledges understanding of the Colorado labor requirement as set forth in GENERAL PROVISIONS, CONTRACTOR'S WORKING CONDITIONS: LABOR, sub-paragraph (b) and certifies that they are in compliance with this provision or will be upon award. Please confirm your acknowledgment of the above statement: Please confirm *Response required 6.5.4.ACKNOWLEDGEMENT OF PREVAILING WAGES & ADDITIONAL WAGE CLASSIFICATION RESPONSIBILITY* By submitting a bid for this project, the Contractor certifies and affirms the following (check appropriate options): Select all that apply I have the authority to sign on behalf of the company contracting for this project. I have reviewed the wage decision provided within the project specifications and find that it is the most current wage determination published by the U.S. Department of Labor for the proposed project scale in our locale. I acknowledge that the wage decision provided with the project specifications may not include all of the trades or categories of labor necessary to complete the project. I acknowledge that the Contractor is responsible for determining whether additional classifications are necessary. I have reviewed the wage classifications contained in the project’s wage decision and find that NO additional wage classifications are required to complete the project. I have reviewed the wage classifications contained in the project’s wage decision and find that additional wage classifications ARE required to complete the project. I acknowledge that the Contractor 64 Public Improvement Invitation for Bid #24-094 (CD2014) Title: Mitchell Park Shelter Installation (CDBG) is responsible for requesting and obtaining Prevailing Wage Rates for the additional classifications from the U.S. Department of Labor. I acknowledge that it is the Contractor’s sole responsibility to pay prevailing wages for the project, and barring due process allowed by the U.S. Department of Labor (DOL), the Contractor will bear, solely, the additional cost, if any, as a result of the DOL wage determination for the additional classifications required to complete the original scope of project. *Response required 6.5.5.CERTIFICATION OF NONSEGREGATED FACILITIES* By submitting a bid, Contractor certifies that segregated facilities are not, and will not be, maintained or provided for employees at any of Contractor’s establishments, and that employees are not, and will not be, permitted to perform their services at any location, under Contractor’s control, where segregated facilities are maintained. Contractor agrees that a breach of this certification is a violation of the Equal Opportunity clause of this contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or national origin, because of habit, local custom, or otherwise. Contractor further agrees that identical certifications from proposed subcontractors will be obtained prior to the award of subcontracts exceeding $10,000, which are not exempt from the provisions of the Equal Opportunity clause; that he will retain copies of such certifications; and that he will forward the following notice to such proposed subcontractors: Notice to Prospective Subcontractors of Requirement for Certifications of Nonsegregated Facilities A Certification of Nonsegregated Facilities, as required by the May 9, 1967, order (32 F.R. 7439, May 19, 1967) on Elimination of Segregated Facilities by the Secretary of Labor, must be submitted prior to the award of a subcontract exceeding $10,000, which is not exempt from the provisions of the Equal Opportunity clause. The certification may be submitted either for each subcontract or for all subcontracts during a period (i.e., quarterly, semiannually, or annually). NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. Please confirm *Response required 6.5.6.SALES AND/OR USE TAX INFORMATION* CITY OF PUEBLO SALES OR USE TAX – The Contractor and any Subcontractors shall pay all applicable City of Pueblo Sales or Use taxes. All General Contractors and Subcontractors are mandated to be licensed with the City of Pueblo Sales Tax Office. Please refer any questions on City Sales or Use Taxes to the City of Pueblo, Department of Finance. Their telephone number is (719) 553-2659. 65 Public Improvement Invitation for Bid #24-094 (CD2014) Title: Mitchell Park Shelter Installation (CDBG) Please note, there are NO tax-exempt projects within the City of Pueblo. STATE OF COLORADO SALES OR USE TAX – The exemption of building materials from State Sales or Use Tax in Colorado Revised Statutes applies only to the State of Colorado Sales or Use Taxes. Please refer any questions on State Taxes to the State of Colorado, Department of Revenue. PUEBLO COUNTY SALES OR USE TAX – The State of Colorado collects all sales or use tax for the County of Pueblo; therefore, any exemption allowed by the State applies to the County. Please confirm you acknowledge the above statements: Please confirm *Response required 6.6.Has/is this firm or any officer or partner of this firm: 6.6.1.Convicted of a criminal offense* Been convicted of a criminal offense as an incident to obtaining or attempting to obtain a public or private contract or subcontract or in the performance of such contract or subcontract? Yes No *Response required 6.6.2.Convicted under state or federal statutes* Been convicted under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity or honesty which directly affects responsibility as a City contractor? Yes No *Response required 6.6.3.Convicted under state or federal antitrust statutes* Been convicted under state or federal antitrust statutes arising out of the submission of bids or proposals? Yes No *Response required 6.6.4.Failed to perform* Failed to perform or unsatisfactorily performed in accordance with the terms of one (1) or more contracts with public or private entities within the previous five (5) years? 66 Public Improvement Invitation for Bid #24-094 (CD2014) Title: Mitchell Park Shelter Installation (CDBG) Yes No *Response required 6.6.5.Suspension or Debarment* Currently under suspension or debarment by the City or any other governmental entity which is based upon a settlement agreement or a final administrative or judicial determination issued by a federal, state, or local governmental entity? Yes No *Response required 6.6.6.Unqualified* Unqualified or financially unable to timely perform the work? Yes No *Response required 6.6.7.Unlicensed * Unlicensed or unable to be duly licensed to perform the work on the date of the contract award? Yes No *Response required 6.6.8.Delinquent* Delinquent in making payment of any City taxes for which the tax liability has been finally determined and no further right of appeal exists? Yes No *Response required 6.6.9.Confirmation * By acknowledging and confirming below Bidder affirms that all answers to the above questions are true and binding. If the City finds verifiable information from another source that conflicts with the responses provided, Bidder’s submittal will be rejected. Please confirm your acknowledgment of the above statement and questions/sub-questions: Please confirm *Response required 67 Public Improvement Invitation for Bid #24-094 (CD2014) Title: Mitchell Park Shelter Installation (CDBG) 6.7.Section 3 Forms 6.7.1.Section 3 Form S3a Section 3 Compliance* Please download the below documents, complete, and upload. Form_S3a_Section_3_Complian... *Response required 6.7.2.Section 3 Form S3e Business Certification* Please download the document below, complete, and upload if you are a Section 3 Business. If not a Section 3 Business, please mark form N/A and upload. Form_S3e_Section_3_Business... *Response required 68 Public Improvement Invitation for Bid #24-094 (CD2014) Title: Mitchell Park Shelter Installation (CDBG) 7.PRICING TABLE BASE BID Line Item Description Quantity Unit of Unit CostTotal Measure 1 Clear and Grub 1,250 SF 2 Remove Concrete 70 SF 3 Unclassified Excavation 7 CY 4 Install Structural Fill, Class 635 TON 5 Construct 4" Concrete 167 SF 6 Construct 6" Concrete Shelter Pad576 SF 7 Install Poligon 20'x20' Carnival Shelter 1 LS 8 Install Picnic Tables 3 EA 9 Relocate Irrigation System 1 LS 10 Install Topsoil 8 TON 11 Install Sod 584 SF 12 Erosion/Sediment Control1 LS 13 Traffic/Pedestrian Control 1 LS 14 Mobilization 1 LS TOTAL BID ALTERNATE NO. 1 Line Item Description Quantity Unit of Unit CostTotal Measure 15 Install Electrical Service to Shelter 1 LS 69 Public Improvement Invitation for Bid #24-094 (CD2014) Title: Mitchell Park Shelter Installation (CDBG) Line Item Description Quantity Unit of Unit CostTotal Measure TOTAL BID ALTERNATE NO. 2 Line Item Description Quantity Unit of Unit CostTotal Measure 16 Clear and Grub 425 SF 17 Construct 4" Concrete 425 SF TOTAL 70 NOTICE OF AWARD (Sample) City of Pueblo, Colorado ______________________ (Date) To: _______________________________ _______________________________ _______________________________ Ref: Bid No.: Bid Name: The City of Pueblo hereby accepts your bid submitted on __________________ for the construction of referenced project. It appears that your bid in the amount of $_________________for ________________________, is fair, equitable, and in the best interest of the City. In accordance with the terms of the Contract Documents, you are required to execute the formal Contract Agreement and furnish the required Payment and Performance bonds, within ten (10) business days from and including the date of this notice. The Bid Guaranty submitted with your bid will be returned upon execution of the Contract Agreement and the furnishing of the Payment and Performance Bonds. In the event you should fail to execute the Contract Agreement and furnish the Payment and Performance Bonds within the time specified, said Bid Guaranty will be retained by said City as liquidated damages and not as penalty, for the delay and extra work caused thereby. Director of Purchasing City of Pueblo CONTRACT AGREEMENT (Sample) THIS AGREEMENT made and entered into this ____ day of ___________________, 20___, by and between the City of Pueblo, a Municipal Corporation, hereinafter referred to in the Contract Documents as the “City”, and ___________________, hereinafter referred to in the Contract Documents as “Contractor”. WITNESSETH, in consideration of the sum to be paid by the City to the Contractor at the time and in the manner hereinafter provided, the said Contractor has agreed, and does hereby agree, to furnish all labor, tools, equipment, and material and to pay for all such items, and to construct complete in every detail, To-Wit: Bid No.: Bid Name: At the prices bid, in accordance with the drawings and specifications, and all Contract Documents for this project which are on file and available for inspection in the office of the Director of Public Works of Pueblo, all to the satisfaction of the Director of Public Works for the City of Pueblo. AND FOR SAID CONSIDERATION, IT IS FURTHER AGREED BY AND BETWEEN THE PARTIES TO THIS AGREEMENT AS FOLLOWS: 1.Construction and installation of the above enumerated work for the City shall be completed and ready for use in accordance with the time of completion described in the Contract Documents. This time shall be extended only for those periods set forth in the Contract Documents and in accordance with the requirements same. 2.The work and material for the project covered by the Contract Documents shall be completely installed and delivered to the City within the time above stated, clear and free from any and all liens, claims and demands of any kind. 3.The full compensation to be paid to the Contractor by the City, pursuant to the terms of this Contract, shall be payable as provided in the Contract Documents. 4.This Contract consists of the following components, parts, and documents, all of which taken together constitute and are referred to as the Contract Documents, and the same are incorporated as part of the Contract as if set out herein verbatim, whether the same have been attached hereto or not: Notice of Award Contract Agreement (This Instrument) Performance Bond Payment Bond Notice to Proceed Section I. Advertisement for Bids Section II. Introduction Section III. Special Provisions Section IV. Labor Provisions Section V. General Provisions Section VI. Project Details Section VII. Vendor Submissions Section VIII. Pricing Table Appendices A-C (Contract Agreement) The Standard Construction Specifications and Standard Details for City of Pueblo, Colorado, adopted April 11, 2022, are hereby included by reference and all provisions thereof shall be applicable. 5.Title XII, Chapter 2, of the 1971 Code of Ordinances, City of Pueblo, adopted by Ordinance No. 3476, and amended by Ordinance No. 4476 and 5229, shall be considered a part of this Contract. 6.Title I, Chapter 8, of the 1971 Code of Ordinances, City of Pueblo, adopted by Ordinance No. 4479, shall be considered a part of the Contract. 7.All of the covenants and agreements set forth in the Contract Documents shall inure to the benefit of and be binding upon City and Contractor and their respective heirs, legal successors and assigns and shall be governed by the laws of the State of Colorado. 8.This Contract may be executed using electronic signatures with delivery via facsimile transmission, by scanning and transmission of electronic files in Portable Document Format (PDF) or other readily available file format, or by copy transmitted via email, or by other electronic means and in one or more counterparts, each of which shall be: (i) an original, and all of which taken together shall constitute one and the same agreement, (ii) a valid and binding agreement and fully admissible under state and federal law, and (iii) enforceable in accordance with its terms. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed as the day and year first above written. CONTRACTOR By ________________________________ Title _______________________________ PUEBLO, A MUNICIPAL CORPORATION By ________________________________ Director of Purchasing ATTEST: ___________________________________ City Clerk BALANCE OF APPROPRIATION EXISTS FOR THIS CONTRACT AND FUNDS ARE AVAILABLE: _______________________________________ Director of Finance APPROVED AS TO FORM: ______________________________________ City Attorney PERFORMANCE BOND (Sample) Bond Number ___________ KNOW ALL MEN BY THESE PRESENTS: That we ________________________ a ________________________ hereinafter called “Principal” and _____________________________________________________________________________________ Surety of _________________________, State of _________________________, hereinafter called the “Surety”, are held and firmly bound unto the City of Pueblo, a Municipal Corporation, hereinafter called “City”, in the penal sum of: _________________________________________________________Dollars ($__________________) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the City dated the _____ day of ___________________, 20___, a copy of which is hereto attached and made a part hereof for the construction of: Bid No.: Bid Name: NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions and agreements of said contract during the original term thereof (including all warranty periods), and any extensions thereof which may be granted by the City, with or without notice to the Surety, and if they shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the City from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the City all outlay and expense which the City may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way effect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work or to the specifications. PROVIDED, FURTHER, that no final settlement between the City and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. (Signature Page Follows) (Performance Bond) IN WITNESS WHEREOF, this instrument is executed this the ____ day of __________, 20___. ______________________________________ Principal ATTEST: By ___________________________________ By ________________________________ Principal Secretary Title _______________________________ (SEAL) ___________________________________ (Address) By __________________________________ (Witness as to Principal) _____________________________________ (Address) ___________________________________ Surety ATTEST: By _________________________________ By ________________________________ (Surety) Attorney-In-Fact Attorney-In-Fact (SEAL) ___________________________________ (Address) By ________________________________ (Witness as to Surety) ___________________________________ (Address) NOTE: Date of Bond must not be prior to date of Contract. If Contractor is a Partnership, all partners shall execute the bond. PAYMENT BOND (Sample) Bond Number ___________ KNOW ALL MEN BY THESE PRESENTS: That we __________________________ a _______________________hereinafter called “Principal” and _____________________________________________________________________________________ Surety of _________________________, State of _________________________, hereinafter called the “Surety”, are held and firmly bound unto the City of Pueblo, a Municipal Corporation, hereinafter called “City”, in the penal sum of: _________________________________________________________Dollars ($__________________) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the City dated the _____ day of ___________________, 20___, a copy of which is hereto attached and made a part hereof for the construction of: Bid No.: Bid Name: NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the work provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, supplies, lubricants, oil, gasoline, rental machinery, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such work, and all insurance premiums on said work, and for all labor, performed in such work whether by subcontractors or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way effect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work or to the specifications. PROVIDED, FURTHER, that no final settlement between the City and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. (Signature Page Follows) (Payment Bond) IN WITNESS WHEREOF, this instrument is executed this the ____ day of __________, 20___. ______________________________________ Principal ATTEST: By ___________________________________ By ________________________________ Principal Secretary Title _______________________________ (SEAL) ___________________________________ (Address) By __________________________________ (Witness as to Principal) _____________________________________ (Address) ___________________________________ Surety ATTEST: By _________________________________ By ________________________________ (Surety) Attorney-In-Fact Attorney-In-Fact (SEAL) ___________________________________ (Address) By ________________________________ (Witness as to Surety) ___________________________________ (Address) NOTE: Date of Bond must not be prior to date of Contract. If Contractor is a Partnership, all partners shall execute the bond. NOTICE TO PROCEED (Sample) City of Pueblo, Colorado ______________________ (Date) To: _______________________________ _______________________________ _______________________________ Ref: Bid No.: Bid Name: You are hereby authorized to proceed on ______________________, 20___, or within three (3) consecutive calendar days with construction of above referenced project as set forth in the Contract Documents. The Bid Bond submitted with your Bid may now be cancelled by your Surety. Director of Public Works City of Pueblo Appendix B Pueblo Regional Building Department 830 N Main St. Suite 100 Pueblo, CO 81003 719-543-0002 fax 719-543-0062 www.prbd.com To Whom It May Concern: The law requires that licensed contractors perform all construction work. It is a violation of the law to perform construction without a license and it is equally a violation to hire someone to perform construction unless the party hired is a licensed contractor or is on the payroll of the company hiring as an employee. Basic license categories are General Contractor A, B, and C; Electrical Contractor, Plumbing Contractor, and HVAC Contractor A and C. In addition, there are Contractor D single trade licenses, which are the type used by the majority of sub-contractors. Those trades requiring licenses include, but are not limited to: Awning Installation Concrete Demolition Drywall Elevators Excavation Framing House Moving Masonry Ornamental Iron Asphalt Paving Roofing Utility Cont. Fire Main Plumbing Lawn Sprinkler Systems Utility Cont. Sewer Utility Cont. Water Siding Sign Erection Stucco Structural Steel U Occupancy (garages, sheds, etc.) Mechanical A Unlimited Mechanical C Limited (any 2 of 3) Mechanical Gas Work Mechanical C Refrigeration Mechanical C Sheet Metal Journeyman Gas Fitter Journeyman Refrigeration Journeyman Sheet Metal Plumbing Swimming Pool Utility Cont. Sewer & Water Plumbing Water Connected appliances If you have any questions, feel free to contact our office 719-543-0002. Page 1 of 6 Appendix B FINANCEDEPARTMENTSALES TAXDIVISION P.O.BOX1427(719)553-2659 PUEBLO,CO81002FAX (719)553-2657 TO ALL BIDDERS: We would like to take this opportunity to welcome you to the City of Pueblo. The City of Pueblo does not issue tax-exempt certificates and deems that all construction type of jobs within the city limits are subject to Sales and Use Tax at the rate of 3.7%. As of March 2015, the City mandates pre-paid Use Tax on projects over $1M. The tax is based on 40% of total project cost. Each and every General and/or Sub-Contractor will need to obtain licensing with the City of Pueblo. An application is available from our office or on the website listed below. Typically contractors are licensed with a Use Tax License. If the applicant is a supplier with a storefront selling material to the contractors then a Sales Tax License will be issued. In either case, the filing frequency will be determined once the application is processed. Upon completion, a license along with the returns will be mailed to the applicant. PLEASE NOTE: if the filing period does not have a tax liability a zero return must befiled. The Tax Guide entitled “Construction Contractors” and FAQ’shas also been attached for assistance in explaining what would be subject to tax and provides scenarios that can be helpful to the construction industry. The website for our office can be found at www.pueblo.us, hover over “Your Government,” then click on “Sales Tax” under “Economic/Community Development.” There you will find the Tax Guides, City of Pueblo Ordinances in their entirety, blank forms such as a return or an application. If further assistance is needed, please phone our office at (719) 553-2659, as our staff would be happy to assist. Page 2 of 6 Appendix B City of Pueblo, Colorado TAX GUIDE CONSTRUCTION CONTRACTORS DEFINITION: The term “construction contractor” applies to general contractors and subcontractors and includes all building constructors, highway and road constructors, electrical, plumbing, and heating constructors, excavators, and others engaged in the construction, reconstruction, expansion, alteration, repair, or wrecking of any physical structure that is part of real estate. Business enterprises providing completed units of personal property to be affixed to, installed in or used in conjunction with a structure will notbe regarded as performing work by a contractorif the personal property can be removed: 1.Without substantialdamage to the structure,and 2.Without altering the functional use of thestructure. Business enterprises, as described above, are considered vendors who make retail sales and must charge City of Pueblo Sales Tax on these items if licensed to do so. If the vendor is not licensed to collect City of Pueblo Sales Tax or for any reason fails to do so, then the contractor must pay the tax due as Use Tax. These types of items include, but are not limited to, appliances, storm doors and windows, patio covers, carpeting, pre-fabricated swimming pools, lockers, athletic equipment, toilet partitions,movable partitions, nursery stock, sod or other similar items used in connection with a structure. STATE EXEMPT PROJECTS: The State of Colorado provides an exemption for purchases by contractors of construction and building materials that become permanently affixed to the real property when the owner of the real property is a non- profit school or a governmental, charitable, or religious entity. Pueblo has no such exemption. The contractor may not avoid the payment of the Pueblo Sales or Use Tax by use of provisions in the construction agreement or by use of the name of a tax exempt entity on an invoice or purchase order as the purchaser because the contractor is deemed to be the consumer of the materials used in construction. No exemption certificate issued by the Colorado Department of Revenue, nor any other taxing authority, will be recognized as a basis for exemption from the Sales of Use Tax levied by the City of Pueblo onconstruction materials. CONSTRUCTION MATERIALS: All building materials purchased, usedor consumed in the City of Pueblo are subject to sales or use tax, unless the materials are purchased for resale or by seller holding a valid City of Pueblo Sales Tax License. The general contractor on a project is responsible for the City of Pueblo taxon all material used or consumed on theirproject, including that used by the subcontractors thegeneral contractor employs on the job. If the subcontractor is properly licensed with the City of Pueblo Finance Department, the subcontractor will be liable for theirown taxes. But the general contractor is responsible for the taxes owed by any unlicensed subcontractor they hire. Caution: City of Pueblo Sales Tax paid to a vendor who is not licensed to collect Pueblo Sales Tax does not relieve the contractor of this tax liability until said tax is remitted to the City of Pueblo. Page 3 of 6 Appendix B SALES TAX: 1.Materials delivered by a Pueblo vendor to a construction contractor at a job site or other location in Pueblo are subject to city salestax. 2.Materials picked up inside the City of Pueblo are subject to city sales tax regardless of whether the materials are used inside or outside thecity. 3.Materials delivered by a Pueblo vendor to a location outside the City of Pueblo, for use outside the city, are exempt from city salestax. 4.There is no exemption in the sales tax ordinance for the temporary storage of construction materials in Pueblo. USE TAX: City of Pueblo use tax is due on all materials used, consumed or stored in the city on which City of Pueblo sales tax was not paid. Examples might include the following: 1.For materials purchased outside of Pueblo to be used or stored in Pueblo on which sales tax was legally paid to another municipal corporation, use tax would be due only to the extent that the Pueblo tax exceeds the amount of sales tax paid to the other municipality. Sales tax is legally paid to another municipal corporation only if delivery of the material takes place in thatmunicipality. 2.For material purchased outside Pueblo and delivered into Pueblo either by the vendor or common carrier, the full 3.7% City of Pueblo use tax isdue. 3.If for any reason a licensed vendor fails to charge City of Pueblo sales tax, the contractor as the ultimate user must pay the full usetax. CONSTRUCTION TOOLS & EQUIPMENT: NEW PURCHASES: All purchases of tools, supplies and equipment from a Pueblo licensed vendor that are delivered inside the City of Pueblo are subject to city sales tax. If no Pueblo sales tax was paid, the City Code imposes a use tax on the purchase of tools, supplies and equipment used or received in Pueblo. However, if sales tax was legally paid on a purchase to another Colorado municipality, Pueblo allows a credit for the rate of tax legally paid to another municipality up to the rate of Pueblo’s use tax. USED EQUIPMENT: Machinery and equipment, which has been used prior to being brought into the City of Pueblo, is subject to city use tax on the actual purchase price of the equipment and is due at the time the equipment is first brought into the city. Credit is allowed for the rate of legally imposed sales and use tax previously paid to another municipality up to the rate of city use tax. CONSTRUCTION EQUIPMENT: Pueblo sales and use tax applies to the purchase or use of construction equipment (cranes, grades, backhoes, bulldozers, welders, etc) in the city. Any equipment owned by a local construction company is subject tocity tax when the equipment is purchased or first brought into the City of Pueblo. Construction companies located outside the city are subject city tax when equipment is brought into Pueblo. EXCEPTION: The City of Pueblo provides a prorated use tax on construction equipment brought into the cityfor a periodofthirty(30) consecutivedaysorlessifthetaxpayerhascompliedwiththeprovisionsof C.R.S. Section 29-2-109. Page 4 of 6 Appendix B MOTOR VEHICLE EXEMPTION: Automotive vehicles (vehicles whose primary purpose is transportation upon public streets) registered and required by law to be registered outside of Pueblo are exempt. Specifically, construction contractors’ pickup trucks and over-the-highway dump trucks, which are based and maintained at a location outside of Pueblo, would not be subject to Pueblo’s sales or use tax. RETAILER-CONTRACTOR: Some contractors as defined above, also may be retail merchants of building supplies or construction materials, which were purchased tax free for resale. In the performance of their own construction contracts they might remove from their own stock whateveris needed for their contract operations. Such use of tax free merchandise is subject to tax in one of the followingways: 1.On time and material type contracts for all now tax exemptentities, sales tax must be charged and remitted on the total retail price charged to thecustomer. 2.On lump sum contracts and all jobs for tax exempt entities, use tax must be paid based on the acquisition cost of themerchandise. Retailer contractors must have a City of Pueblo sales tax license. No sales tax license will be issued to regular contractors. They are not retailers of tangible personal property and are deemed to be users or consumers of all articles they use. MANUFACTURER CONTRACTORS: Manufacturing is defined as “the performance as a business of an integrated series of operations which places personal property in a form, composition or character different from that in which it was acquired whether for sale or use by the manufacturer. The change in form, composition or character must result in a different product having a distinctive name, character and use.” Organizations engaged in the manufacturing of tangible personal property who also perform construction contracts (i.e., permanently affix personal property to real property) are subject to Pueblo tax on the gross value of all materials, labor and services used and employed in the manufacture of the product. FABRICATORS: Shop tasks performed on construction materials, such as cutting, welding, drilling and painting structural steel or cutting, bending and attaching sheet metal pieces into “duct work,” are not regarded as “manufacturing”. Thus, in such cases, fabrication labor is not part of the tax base for a contractor/fabricator. Fabricated labor is part of the tax base when transfer of title to the fabricated item takes place after performance of the fabrication by the retailer/fabricator. RELATED TAX GUIDES: Liens, Distraints & Enforcement Manufacturers Rental & Service Charges Combined Special Mobil Machines & Equipment Use Tax THE ABOVE INFORMATION IS A SUMMARY IN LAYMAN'S TERMS OF THE RELEVANT PUEBLO TAX LAW FOR THIS INDUSTRY OR BUSINESS SEGMENT. IT IS NOT INTENDED FOR LEGAL PURPOSES TO BE SUBSTITUTED FOR THE FULL TEXT OF THE PUEBLO MUNICIPAL CODE AND APPLICABLE RULES AND REGULATIONS. 01/18 Page 5 of 6 Appendix B FINANCEDEPARTMENTSALES TAX DIVISION P.O.BOX1427 (719)553-2659 PUEBLO,CO81002FAX (719)553-2657 FREQUENTLY ASKED QUESTIONS (FAQ) Below are FAQ’s about City of Pueblo licensing and tax collection. If you would like to see the ordinances in their entirety or peruse our website, please visit www.pueblo.us (click on “Your Government”, then “Sales Tax” under “Economic/Community Development.”) Once there, Tax and Licensing Ordinances Title 9 –Licenses & Permits,Title 14 – Taxes & Finance.The Tax Guide is also available at the Sales Tax main screen. FAQ’s: Who has to be licensed with the City of Pueblo Sales Tax Division? All businesses associated with the project must be licensed to include contractors, suppliers delivering to the job site, equipment rentals, tool sales onsite to name a few. Please contact our office if you have a question whether or not licensing should be acquired. A completed application along with the $50 annual licensing fee must be submitted to the Sales Tax Division. The license application can be downloaded from our website referenced above. Can Contractors be liable for hiring unlicensed sub-contractors when working in the City of Pueblo? Yes, prior to hiring a sub-contractor ensure they are licensed with the Sales Tax Division by requiring a copy of their current license. If not, the hiring contractor could be liable for taxation on the contractual agreement. I am a Labor Only Contractor do I need to be licensed? Yes, all businesses to include labor only must be licensed. If I believe there are no taxes owed, doI still need to file a return? Yes, a Zero return must be filed. If you do not file a return and no taxes are owed, a $15 late filing fee will be enforced. If food is purchased for on the job consumption is it taxable? Yes, food purchased from grocery stores is only exempt for home consumption. In any other situation the food is deemed taxable. Any prepared food is also subject to taxation. Do I need to notify your office if my business closed? Yes, we need WRITTEN notification that your business has closed. Page 6 of 6 Policies & Procedures 3 Implementing Section of the Housing & Urban Development Act An Orientation Guide for Contractors, Developers, and Sub-Grantees doing business with the City of Pueblo Introduction This guidebook has been prepared to provide information and guidance to firms and entities receiving housing or community development assistance covered under Section 3 of the Housing and Urban Development Act of 1968. This guidance should outline for recipients how the City of Pueblo through the Department of Planning and Community Development shall administer the Section 3 Regulations. This guide should not be treated as a comprehensive recitation of the Section 3 Act and Section 3 Regulations. It is a summary of the pertinent provisions of the Act and Regulations and focuses on the requirements imposed on the Sub-Recipient, Developer, General Contractor, and Subcontractor receiving the requisite amount of Section 3 Funds. The City of Pueblo reminds each Sub-Recipient, Developer, General Contractor and Subcontractor that it bears the responsibility to familiarize itself with the Section 3 Act and Section 3 Regulations prior to accepting projects covered by Section 3 from the City of Pueblo. City of Pueblo’s Policy Statement The City of Pueblo, through the Department of Planning and Community Development will require recipients of HUD sourced funds to provide employment and contracting opportunities to low- and very low-income persons (as defined in 24 CFR Part 75.5) residing in the City of Pueblo and the greater Pueblo Metropolitan Statistical Area (MSA) and to area businesses meeting the definition of a "Section 3 Business Concern" (as defined by 24 CFR Part 75.5) on all Section 3 Covered Projects. Accordingly, Department of Planning and Community Development has implemented policies and procedures to ensure that Section 3 regulations, when required, are followed and shall develop programs and procedures as necessary to implement this policy covering all procurement contracts where labor and/or professional services are provided on a Section 3 covered project, in order to achieve the goals outlined within the City of Pueblo's Consolidated Plan for Housing and Community Development. This policy shall not apply to contractors who only furnish materials or supplies through Section 3 covered assistance. It will apply to contractors who install materials or provide equipment on a Section 3 covered project. There is nothing in the policy that should be construed to require the employment or contracting of a Section 3 resident or business who does not meet the qualifications of the position to be filled or who cannot fulfill the contract requirements. What is Section 3? Section 3 refers to Section 3 of the Housing and Urban Development Act of 1968 as amended (12 U.S.C. 1701u) and its implementing federal regulations in 24 C.F.R. 75. The purpose of Section 3 is to ensure that employment and economic opportunities generated by certain financing provided by the U.S. Department of Housing and Urban Development (HUD) is, to greatest extent feasible, directed to low-and very low- income persons, particularly those who are recipients of government assistance for housing, and to business concerns that provide economic opportunities to low- and very-low income persons. The City of Pueblo has set forth policies and procedures to ensure that employment and economic opportunities generated by Section 3 covered projects, to the greatest extent feasible, are directed to low- and very low-income persons and business concerns. What Projects are Section 3 Covered Projects? Section 3 policies are applicable to all HUD sourced construction projects or HUD sourced construction financing when the total amount of assistance to the project exceeds a threshold of $200,000 related to: Housing rehabilitation and housing construction; and Other public construction funded by HUD programs to provide community development financial assistance. Section 3 policies also apply to HUD sourced lead hazard reduction projects or financing when the total amount of assistance to the project exceeds a threshold of $100,000. Who are Section 3 Workers? Section 3 worker means any worker who currently fits or when hired within the past five years fit at least one of the following categories, as documented: Participants in YouthBuild Programs; or, The worker is employed by a Section 3 business concern; or The worker’s income for the previous or annualized calendar year is below the annual income limit established by HUD, currently: Pueblo County - 2024 1 $52,750 Section 3 Worker Annual Income Targeted Section 3 worker means: A Section 3 worker employed by a Section 3 business concern; or A Section 3 worker who currently fits or when hired fit at least one of the following categories, as documented within the past five years (effective date 11/30/2020): (i)Living within the service area or the neighborhood of the project (within one mile of the project or an area sufficient to encompass a population of 5000 people; or (ii)A YouthBuild participant. What is a Section 3 Business Concern? A business meeting at least one of the following criteria, documented within the last six-month period: Is a business that is 51% or more owned and controlled by low- or very low-income persons; or Is a business that is 51% or more owned and controlled by current public housing residents or residents who currently live in Section 8-assissted housing; or Over 75% of the labor hours performed for the business over the prior three-month period were performed by Section 3 workers. Section 3 Employment and Contracting Goals The City of Pueblo / Pueblo Consortium provides HOME funds from the U.S. Department of Housing and Urban Development (Federal funds) which must comply with Section 3 of the Housing and Urban Development Act of 1968, as amended. Section 3 requires that economic opportunities that are generated by the use of Federal funds be made available to low- and very low-income persons, particularly those who receive Federal financial assistance for housing and those residing in communities where the financial assistance is expended. Section 3 establishes employment benchmark goals of: 25% of total labor hours worked by Section 3 workers, and 5% of total labor hours worked by Targeted Section 3 workers. These procedures summarize the requirements of Section 3 and describe how the City of Pueblo and the Pueblo Consortium implement the requirements. The procedures outline what the City/Consortium and its housing partners must do to comply with Section 3 and identify the record-keeping and reporting requirements that funded entities must collect and maintain. The Section 3 implementing regulations, 24 CFR part 75, can be found at www.ecfr.gov. Section 3 applies to Section 3 projects funded by the City of Pueblo and the Pueblo Consortium as follows \[24 CFR 75.3(a)(2)(i)\]: A Section 3 project means housing rehabilitation, housing construction, and other public construction projects assisted under HUD programs that provide housing and community development financial assistance when the total amount of assistance to the project exceeds a threshold of $200,000. A lower assistance threshold of $100,000, applies when assistance from the Lead Hazard Control and Healthy Homes programs, as authorized by Sections 501 or 502 of the Housing and Urban Development Act of 1970 (12 U.S.C. 1701z- 1 or 1701z-2), the Lead-Based Paint Poisoning Prevention Act (42 U.S.C 4801 et seq.); and the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851 et seq.). The project is the site or sites together with any building(s) and improvements located on the site(s) that are under common ownership, management, and financing. For projects with HOME assistance exceeding the threshold limits, Section 3 applies to the entire project, whether the project is fully or partially assisted with HOME funds \[24 CFR 75.3(a)(2)(iii)\]. Section 3 requirements do not apply to material supply contracts \[24 CFR 75.3(b)\]. Section 3 Employment and Training Recipient is defined as the entity receiving HOME funds and/or a HOME commitment in excess of the threshold amount. $200,000 for most HUD programs and $100,000 for activities funded through the Office of Lead Hazard Control and Healthy Homes. To comply with Section 3 regulations, the Recipient must, to the greatest extent feasible, ensure employment and training opportunities arising in connection with the Section 3 project is provided to Section 3 workers within the metropolitan area (or nonmetropolitan county) in which the project is located \[24 CFR 75.19(a)(1)\]. Where feasible, priority for opportunities and training should be given to \[24 CFR 75.19(a)(2)(i-ii)\]: Section 3 workers residing within the service area or the neighborhood of the project, and Participants in YouthBuild programs. Section 3 Contracting To comply with Section 3 regulations, the Recipient must, to the greatest extent feasible, ensure contracts for work awarded in connection with Section 3 projects are provided to business concerns that provide economic opportunities to Section 3 workers residing within the metropolitan area (or nonmetropolitan county) in which the project is located \[24 CFR 75.19(b)(1)\]. Where feasible, priority for contracting opportunities should be given to \[24 CFR 75.19(b)(2)(i-ii)\]: Section 3 business concerns that provide economic opportunities to Section 3 workers residing within the service area or the neighborhood of the project, and YouthBuild programs. Section 3 Reporting requirements To comply with Section 3 regulations, the Recipient must report \[24 CFR 75.25(a)\]: The total number of labor hours worked; The total number of labor hours worked by Section 3 workers; and The total number of labor hours worked by Targeted Section 3 workers. The labor hours reported must include the total number of labor hours worked on a Section 3 project, including labor hours worked by any subrecipients, contractors and subcontractors \[24 CFR 75.25(a)(3)\]. In order to meet Section 3 reporting requirements, Recipients may report labor hours by Section 3 workers and Targeted Section 3 workers from professional services without including labor hours from professional services in the total number of labor hours worked for the project \[24 CFR 75.25(a)(4)\]. Additional Reporting if Section 3 Benchmarks are not met \[24 CFR 75.25(b)\] If the Recipient’s reporting indicates the Section 3 benchmarks have not been met, the Recipient must report on the nature of activities pursued in the absence of not meeting Section 3 benchmarks (see Form S3c). Section 3 Contract Provisions Recipients must include language applying Section 3 requirements in any subrecipient agreement or contract for a Section 3 project \[24 CFR 75.27(a)\] (see Form “Additional Reporting”). Section 3 business concern means (24 CFR 75.5): (1)A business concern meeting at least one of the following criteria, documented within the last six- month period: (i)It is at least 51 percent owned and controlled by low- or very low-income persons; (ii)Over 75 percent of the labor hours performed for the business over the prior three-month period are performed by Section 3 workers; or (iii)It is a business at least 51 percent owned and controlled by current public housing residents or residents who currently live in Section 8-assisted housing. (2)The status of a Section 3 business concern shall not be negatively affected by a prior arrest or conviction of its owner(s) or employees. (3)Nothing in this part shall be construed to require the contracting or subcontracting of a Section 3 business concern. Section 3 business concerns are not exempt from meeting the specifications of the contract. Section 3 worker means (24 CFR 75.5): (1)Any worker who currently fits or when hired within the past five years (time period only goes back to the 24 CFR 75 effective date of 11-30-2020) fit at least one of the following categories, as documented: (i)The worker's income for the previous or annualized calendar year is below the income limit established by HUD. (ii)The worker is employed by a Section 3 business concern. (iii)The worker is a YouthBuild participant. (2)The status of a Section 3 worker shall not be negatively affected by a prior arrest or conviction. (3)Nothing in this part shall be construed to require the employment of someone who meets this definition of a Section 3 worker. Section 3 workers are not exempt from meeting the qualifications of the position to be filled. Targeted Section 3 worker means \[24 CFR 75.21(a)\]: A Targeted Section 3 worker for housing and community development financial assistance means a Section 3 worker who is: (1)A worker employed by a Section 3 business concern; or (2)A worker who currently fits or when hired five years (time period only goes back to the 24 CFR 75 effective date of 11-30-2020) fit at least one of the following categories, as documented within the past five years: (i)Living within the service area or the neighborhood of the project, as defined in § 75.5; or (ii)A YouthBuild participant. Penalties In the event the developer fails to meet its commitments and cannot demonstrate to the City of Pueblo or the Pueblo Consortium’s satisfaction that good faith efforts have been made to fulfil their commitments, it shall be subject to penalties for non-compliance as enumerated in the construction documents or the Affordable Housing Development Agreement between the Consortium member and the developer. A penalty for non-compliance up to 5% of loan/grant amount may be assessed per the Affordable Housing Development Agreement.A penalty of debarment may additionally be imposed by the City of Pueblo or Consortium member. Exhibits to Section 3 Policies and Procedures Form Description S3aCertificate of Section 3 Compliance and Section 3 Clause S3bParties Involved Form S3c Weekly Hours Worked Certification S3d Section 3 Worker Certification S3e Section 3 Business Certification Form S3a (page 1 of 2) Recipient must complete form and submit to Consortium. CITY OF PUEBLO / PUEBLO CONSORTIUM CDBG / HOME INVESMENT PARTNERSHIP FUND SECTION 3 CERTIFICATION PURPOSE, AUTHORITYAND RESPONSIBILITY Section 3 is a provision of the Housing and Urban Development (HUD) Act of 1968 that promotes local economic development and individual self-sufficiency. Section 3 requires that, to the greatest extent possible, economic opportunities that are generated by the use of HUD funds be made available to low- and very low-income persons, particularly those who receive Federal financial assistance for housing and those residing in communities where the financial assistance is expended. Section 3 established benchmark goals for (a) 25% of total labor hours worked by Section 3 workers; and (b) 5% of total labor hours worked by Targeted Section 3 workers. (hereinafter called the Recipient/Contractor) hereby CERTIFIES that upon being awarded a contract to participate in the following HUD-funded project: (the “Project”) located at: , that the Recipient/Contractor: (a)is under no contractual or other impediment that would prevent it from complying with requirements of Section 3 as set forth in 24 CFR part 75; and (b)will comply with HUD's regulations in 24 CFR Part 75; and (c)will submit to the City of Pueblo or Pueblo Consortium Member, appropriate Section 3 documentation of total labor hours performed per contractor/subcontractor, certifications of Section 3 workers, and confirmation of Section 3 business concerns and YouthBuild participants; and (d)will include the Section 3 Clause and this Section 3 Certification of Compliance in every subcontract and further agrees to take the appropriate action pursuant to those regulations in the event the contractor/subcontractor is found to be in violation of 24 CFR Part 75; and (e)will not contract/subcontract with any contractor/subcontractor where the Recipient/Contractor has notice or knowledge that the contractor/subcontractor has been found in violation of any provision of 24 CFR Part 75. By: Authorized Representative’s Signature Name and Title: Date: Form S3a (page 2 of 2) Section 3 Clause must be included in contracts with all contractors/subcontractors/lower-tier subcontractors. Section 3 Clause A.The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3), contributes to the establishment of stronger, more sustainable communities by ensuring that employment and other economic opportunities generated by Federal financial assistance for housing and community development programs are, to the greatest extent feasible, directed toward low- and very low-income persons, particularly those who receive Federal financial assistance for housing and those residing in communities where the financial assistance is expended. B.The parties to this contract agree to comply with HUD's regulations in 24 CFR part 75, 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 75 regulations. C.The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 75, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 75. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 75. D.Noncompliance with HUD's regulations in 24 CFR part 75 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. Form S3b Recipient must complete this form and submit to Consortium. Parties Involved Form Project Name Owner Name Developer Contact Name Contact Name Email Address Email Address Address Address City, State, Zip City, State, Zip Phone Phone GC Subcontractor Contact Name Contact Name Email Address Email Address Address Address City, State, Zip City, State, Zip Phone Phone Subcontractor Subcontractor Contact Name Contact Name Email Address Email Address Address Address City, State, Zip City, State, Zip Phone Phone Subcontractor Subcontractor Contact Name Contact Name Email Address Email Address Address Address City, State, Zip City, State, Zip Phone Phone Subcontractor Subcontractor Contact Name Contact Name Email Address Email Address Address Address City, State, Zip City, State, Zip Phone Phone Phone Phone Definitions Form S3c (Page 2 of 3) Section 3 worker means (24 CFR 75.5): (1)Any worker who currently fits or when hired within the past five years (time period only goes back to the 24 CFR 75 effective date of 11-30-2020) fit at least one of the following categories, as documented: (i)The worker's income for the previous or annualized calendar year is below the income limit established by HUD. (ii)The worker is employed by a Section 3 business concern. (iii)The worker is a YouthBuild participant. (2)The status of a Section 3 worker shall not be negatively affected by a prior arrest or conviction. (3)Nothing in this part shall be construed to require the employment of someone who meets this definition of a Section 3 worker. Section 3 workers are not exempt from meeting the qualifications of the position to be filled. Targeted Section 3 worker means \[24 CFR 75.21(a)\]: A Targeted Section 3 worker for housing and community development financial assistance means a Section 3 worker who is: (1)A worker employed by a Section 3 business concern; or (2)A worker who currently fits or when hired five years (time period only goes back to the 24 CFR 75 effective date of 11-30-2020) fit at least one of the following categories, as documented within the past five years: (i)Living within the service area or the neighborhood of the project, as defined in § 75.5; or (ii)A YouthBuild participant. Section 3 business concern means (24 CFR 75.5): (1)A business concern meeting at least one of the following criteria, documented within the last six- month period: (i)It is at least 51 percent owned and controlled by low- or very low-income persons; (ii)Over 75 percent of the labor hours performed for the business over the prior three-month period are performed by Section 3 workers; or (iii)It is a business at least 51 percent owned and controlled by current public housing residents or residents who currently live in Section 8-assisted housing. (2)The status of a Section 3 business concern shall not be negatively affected by a prior arrest or conviction of its owner(s) or employees. (3)Nothing in this part shall be construed to require the contracting or subcontracting of a Section 3 business concern. Section 3 business concerns are not exempt from meeting the specifications of the contract. Form S3c (Page 3 of 3) Recipient must complete this form and submit to Department of Planning and Community Development. Additional Reporting if Section 3 Benchmarks are not met \[24 CFR 75.25(b)\] If the Recipient’s reporting indicates the Section 3 benchmarks have not been met, the Recipient must report on the nature of activities pursued in the absence of not meeting Section 3 benchmarks. In the absence of not meeting Section 3 benchmarks, the Recipient made efforts including (check all that apply and provide documentation of effort(s)): Engaged in outreach efforts to generate job applicants who are Targeted Section 3 workers. __ Provided training or apprenticeship opportunities. __ Provided technical assistance to help Section 3 workers compete for jobs (e.g., resume assistance, __ coaching). Provided or connected Section 3 workers with assistance in seeking employment including: drafting __ resumes, preparing for interviews, and finding job opportunities connecting residents to job placement services. Held one or more job fairs. __ Provided or referred Section 3 workers to services supporting work readiness and retention __ (e.g., work readiness activities, interview clothing, test fees, transportation, child care). Provided assistance to apply for/or attend community college, a four-year educational institution, __ or vocational/technical training. Assisted Section 3 workers to obtain financial literacy training and/or coaching. __ Engaged in outreach efforts to identify and secure bids from Section 3 business concerns. __ Provided technical assistance to help Section 3 business concerns understand and bid on contracts. __ Divided contracts into smaller jobs to facilitate participation by Section 3 business concerns. __ Provided bonding assistance, guaranties, or other efforts to support viable bids from Section 3 __ business concerns. Promoted use of business registries designed to create opportunities for disadvantaged and small __ businesses. Outreach, engagement, or referrals with the state one-stop system as defined in Section 121(e)(2) __ of the Workforce Innovation and Opportunity Act. Other, please describe: __ By signing this document, as an authorized employee of the Recipient, I certify the above efforts are true and accurate to the best of my knowledge and belief. Recipient Signature Date Form S3d (Page 1 of 2) Section 3 Worker Certification EmployeeNameProjectName Employee’s Address City State Zip Section 3 worker means (24 CFR 75.5): (1)Any worker who currently fits or when hired within the past five years (time period only goes back to the 24 CFR 75 effective date of 11-30-2020) fit at least one of the following categories, as documented: (i)The worker's income for the previous or annualized calendar year is below the income limit established by HUD (see the following income limits). (ii)The worker is employed by a Section 3 business concern. (iii)The worker is a YouthBuild participant. (2)The status of a Section 3 worker shall not be negatively affected by a prior arrest or conviction. (3)Nothing in this part shall be construed to require the employment of someone who meets this definition of a Section 3 worker. Section 3 workers are not exempt from meeting the qualifications of the position to be filled. Pueblo County 2024 Income Limit $52,750 Section 3 Worker’s Annual Income By signing this document, I certify that I am a Section 3 worker because I fit into one or more categories listed above. Signature Date S3e Page 1 Section 3 Business Certification If your business meets at least one of the categories listed below, please complete this form. Business Name Business Address City State Zip Contact Name Email Phone Section 3 business concern means (24 CFR 75.5): (1)A business concern meeting at least one of the following criteria, documented within the last six- month period: (i)It is at least 51 percent owned and controlled by low- or very low-income persons; (ii)Over 75 percent of the labor hours performed for the business over the prior three-month period are performed by Section 3 workers; or (iii)It is a business at least 51 percent owned and controlled by current public housing residents or residents who currently live in Section 8-assisted housing. (2)The status of a Section 3 business concern shall not be negatively affected by a prior arrest or conviction of its owner(s) or employees. (3)Nothing in this part shall be construed to require the contracting or subcontracting of a Section 3 business concern. Section 3 business concerns are not exempt from meeting the specifications of the contract. By signing this document, I certify is a Section 3 business concern because it fits into one or more categories listed above. Signature Title Date FFATAREPORTING FORM/CERTIFICATION The Federal Funding Accountabilityand Transparency Act(FFATA)seeks to provide the public with greater accessto Federal spending information. Due to FFATA requirements, you are required to provide the following information, which may be used by the (“”) to comply with federal reporting requirements. Please fill out the following form accurately and completely, have it signed by an authorized official, and submit to the . Nameof Applicant: ApplicantAddress: City:State:Zip:CongressionalDistrict: - Applicant DUNS number: PrincipalPlaceofPerformanceof Proposed Project: City:State:Zip:CongressionalDistrict: - Brief ProjectDescription: If certain conditions are met, Applicantmust provide names and total compensationofApplicant’s top five highly compensated Executives tothe. Please answer question number 1, and follow the instructions. If directed to answer question 2, please answer question 2 and follow instructions. 1.In Applicant’s previous fiscal year, did Applicantreceive (a) 80 percent or more of Applicant’s annual gross revenues in U.S. federal contracts and subcontractsand other federal financial assistance subject to the Transparency Act, as defined in 2 C.F.R. 170.320;AND (b)$25,000,000 or more in annual gross revenues from contracts and subcontracts and other federal financial assistance subject to the Transparency Act, as defined in 2 C.F.R. 170.320? YesIfyes,answerquestion 2 below. NoIfno, stop, you are not required to reportnames and compensation.Please sign and submit form tothe. 2.Does the public have access to information about the compensation of Applicant’s senior executives through periodic reports filed under section 13(a) or 15(d) of the Security Exchange Act of 1934 (15 U.S.C. 78(m)(a), 78o(d)), or section 6104 of the Internal Revenue Code of 1986? YesIfyes, stop, you are not required to reportnames and compensation.Please sign and submit form to the. NoIf no, you are requiredto report names and compensation.Pleasefill out theremainderof this form. Please provide the names and Total Compensation of the top five most highly compensated Executivesin the space below. (NOTE: Executive means officers, managing partners, or any other employees in management positions.Total Compensation means the cash and noncash dollar value earned by the Executiveduring the Applicant’s preceding fiscal year and includes salary and bonus, awards of stock, stock options, and stock appreciation rights; earnings for services under non-equity incentive plans, change in pension value, above market earnings on deferred compensation whichis not tax-qualified; and othercompensation exceeding $10,000 as defined in Appendix A to 2 C.F.R. Part 170.) Name:Total Compensation: Name:Total Compensation: Name:Total Compensation: Name:Total Compensation: Name:Total Compensation: The Applicant certifies that the information contained on this form is true and accurate. USE Signed: Title: Date: FFATAReporting Form-Page1of1Revised PARK MITCHELL CITY OF PUEBLO, COLORADO PROJECT LOCATION 1304 E 12TH STREET 4 ADDITIONAL INFORMATION FFATA Reporting Form/Certification Affirmative Action Plan Insurance Certificate(s) Certificate of Good Standing Regional Building License Information System for Award Management (SAM) Information DATE (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 11/01/2024 THISCERTIFICATEISISSUEDASAMATTEROFINFORMATIONONLYANDCONFERSNORIGHTSUPONTHECERTIFICATEHOLDER.THIS CERTIFICATEDOESNOTAFFIRMATIVELYORNEGATIVELYAMEND,EXTENDORALTERTHECOVERAGEAFFORDEDBYTHEPOLICIES BELOW.THISCERTIFICATEOFINSURANCEDOESNOTCONSTITUTEACONTRACTBETWEENTHEISSUINGINSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT:IfthecertificateholderisanADDITIONALINSURED,thepolicy(ies)mustbeendorsed.IfSUBROGATIONISWAIVED,subjectto thetermsandconditionsofthepolicy,certainpoliciesmayrequireanendorsement.Astatementonthiscertificatedoesnotconferrightstothe certificate holder in lieu of such endorsement(s). CONTACT PRODUCER Elizabeth A Kennedy NAME: FAX PHONE Western Insurance Solutions Inc(719) 594-6883(719) 532-9996 (A/C, No): (A/C, No, Ext): E-MAIL 4740 Flintridge Drive, Suite 115beth@wisins.com ADDRESS: INSURER(S) AFFORDING COVERAGENAIC # Colorado Springs,CO80918BERKLEY ASSURANCE COMPANY39462 INSURER A : INSURED PINNACOL ASSURANCE41190 INSURER B : Nunez Construction, Inc. INSURER C : 2328 N Grand Ave, Ste B INSURER D : INSURER E : PuebloCO81003 INSURER F : COVERAGESCERTIFICATE NUMBER:REVISION NUMBER: THISISTOCERTIFYTHATTHEPOLICIESOFINSURANCELISTEDBELOWHAVEBEENISSUEDTOTHEINSUREDNAMEDABOVEFORTHEPOLICYPERIOD INDICATED.NOTWITHSTANDINGANYREQUIREMENT,TERMORCONDITIONOFANYCONTRACTOROTHERDOCUMENTWITHRESPECTTOWHICHTHIS CERTIFICATEMAYBEISSUEDORMAYPERTAIN,THEINSURANCEAFFORDEDBYTHEPOLICIESDESCRIBEDHEREINISSUBJECTTOALLTHETERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ADDLSUBR INSRPOLICY EFFPOLICY EXP TYPE OF INSURANCELIMITS POLICY NUMBER LTR(MM/DD/YYYY)(MM/DD/YYYY) INSDWVD COMMERCIAL GENERAL LIABILITY 1,000,000 EACH OCCURRENCE$ DAMAGE TO RENTED 100,000 CLAIMS-MADEOCCUR$ PREMISES (Ea occurrence) 5,000 MED EXP (Any one person)$ AVUMA029869101/25/202401/25/20251,000,000 PERSONAL & ADV INJURY$ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE$ PRO- 2,000,000 POLICYLOCPRODUCTS - COMP/OP AGG$ JECT $ OTHER: COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY$ (Ea accident) BODILY INJURY (Per person)$ ANY AUTO ALL OWNEDSCHEDULED BODILY INJURY (Per accident)$ NONE AUTOSAUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS (Per accident) AUTOS $ UMBRELLA LIAB EACH OCCURRENCE$ OCCUR EXCESS LIAB NONE CLAIMS-MADEAGGREGATE$ $ DEDRETENTION$ PEROTH- WORKERS COMPENSATION STATUTEER AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE 1,000,000 E.L. EACH ACCIDENT$ N / A B OFFICER/MEMBER EXCLUDED?N425313508/01/202408/01/2025 (Mandatory in NH)1,000,000 E.L. DISEASE - EA EMPLOYEE$ If yes, describe under 1,000,000 E.L. DISEASE - POLICY LIMIT$ DESCRIPTION OF OPERATIONS below NONE DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Project: 24-094 Mitchell Park Shelter Installation (CDBG) The City of Pueblo, it's agents, officers and employees are additional insured regarding General Liability if required in a written contract. CERTIFICATE HOLDERCANCELLATION SHOULDANYOFTHEABOVEDESCRIBEDPOLICIESBECANCELLEDBEFORE THEEXPIRATIONDATETHEREOF,NOTICEWILLBEDELIVEREDIN ACCORDANCE WITH THE POLICY PROVISIONS. City of Pueblo, a Municipal Corporation AUTHORIZED REPRESENTATIVE 230 S Mechanic Street PuebloCO81003 © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01)The ACORD name and logo are registered marks of ACORD Qjoobdpm!Bttvsbodf522:1 Y B DFSUJGJDBUF!IPMEFS!DPQZ JNQPSUBOU EJTDMBJNFS FOEPSTFNFOU;Xbjwfs!Pg!Tvcsphbujpo TDIFEVMF OFFICE OF THE SECRETARY OF STATE OF THE STATE OF COLORADO CERTIFICATE OF FACT OF GOOD STANDING I,,as the Secretary of State of the State of Colorado, hereby certify that, accordingto the records of thisoffice, Ovof{!Dpotusvdujpo-!Jod/ is a Dpsqpsbujpo 1901303115 formed or registered on under the law of Colorado, has complied with all applicable requirements of this office, and is in good standing with this office. This entity has been assigned entity 31152381929 identification number . This certificate reflects facts established or disclosed by documents delivered to this office on paper through 2103903135 that have been posted, and by documents delivered to this office electronically through @. 2103:0313524;37;56 I have affixed hereto the Great Seal of the State of Colorado and duly generated, executed, and issued this 2103:0313524;37;56 official certificate at Denver, Colorado on @ in accordance with applicable law. 27627766 This certificate is assigned ConfirmationNumber . *********************************************End of Certificate******************************************* Last updated by Duane Nunez on Oct 30, 2024 at 09:52 PMNUNEZ CONSTRUCTION INC NUNEZ CONSTRUCTION INC Unique Entity IDCAGE / NCAGEPurpose of Registration J1T4NHSMXNS57V6D8All Awards Registration StatusExpiration Date Active RegistrationOct 30, 2025 Physical AddressMailing Address 10 Audubon CIR10 Audubon CIR. Pueblo, Colorado 81003-3901Pueblo, Colorado 81003 United StatesUnited States Business Information Doing Business asDivision NameDivision Number (blank)(blank)(blank) Congressional DistrictState / Country of IncorporationURL Colorado 03Colorado / United States(blank) Registration Dates Activation DateSubmission DateInitial Registration Date Nov 1, 2024Oct 30, 2024Apr 27, 2017 Entity Dates Entity Start DateFiscal Year End Close Date Apr 16, 2004Dec 31 Immediate Owner CAGELegal Business Name (blank)(blank) Highest Level Owner CAGELegal Business Name (blank)(blank) Executive Compensation In your business or organization's preceding completed fiscal year, did your business or organization (the legal entity to which this specific SAM record, represented by a Unique Entity ID, belongs) receive both of the following: 1. 80 percent or more of your annual gross revenues in U.S. federal contracts, subcontracts, loans, grants, subgrants, and/or cooperative agreements and 2. $25,000,000 or more in annual gross revenues from U.S. federal contracts, subcontracts, loans, grants, subgrants, and/or cooperative agreements? No Does the public have access to information about the compensation of the senior executives in your business or organization (the legal entity to which this specific SAM record, represented by a Unique Entity ID, belongs) through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986? Not Selected Proceedings Questions Is your business or organization, as represented by the Unique Entity ID on this entity registration, responding to a Federal procurement opportunity that contains the provision at FAR 52.209-7, subject to the clause in FAR 52.209-9 in a current Federal contract, or applying for a Federal grant opportunity which contains the award term and condition described in 2 C.F.R. 200 Appendix XII? No Does your business or organization, as represented by the Unique Entity ID on this specific SAM record, have current active Federal contracts and/or grants with total value (including any exercised/unexercised options) greater than $10,000,000? Not Selected Within the last five years, had the business or organization (represented by the Unique Entity ID on this specific SAM record) and/or any of its principals, in connection with the award to or performance by the business or organization of a Federal contract or grant, been the subject of a Federal or State (1) criminal proceeding resulting in a conviction or other acknowledgment of fault; (2) civil proceeding resulting in a finding of fault with a monetary fine, penalty, reimbursement, restitution, and/or damages greater than $5,000, or other acknowledgment of fault; and/or (3) administrative proceeding resulting in a finding of fault with either a monetary fine or penalty greater than $5,000 or reimbursement, restitution, or damages greater than $100,000, or other acknowledgment of fault? Not Selected Exclusion Summary Nov 01, 2024 05:58:16 PM GMT https://sam.gov/entity/J1T4NHSMXNS5/coreData?status=nullPage 1 of 3 Last updated by Duane Nunez on Oct 30, 2024 at 09:52 PMNUNEZ CONSTRUCTION INC Active Exclusions Records? No SAM Search Authorization I authorize my entity's non-sensitive information to be displayed in SAM public search results: Yes Entity Types Business Types Entity StructureEntity TypeOrganization Factors Corporate Entity (Not Tax Exempt)Business or Organization(blank) Profit Structure For Profit Organization Socio-Economic Types Minority-Owned Business Self Certified Small Disadvantaged Business Hispanic American Owned Check the registrant's Reps & Certs, if present, under FAR 52.212-3 or FAR 52.219-1 to determine if the entity is an SBA-certified HUBZone small business concern. Additional small business information may be found in the SBA's Dynamic Small Business Search if the entity completed the SBA supplemental pages during registration. Financial Information Accepts Credit Card PaymentsDebt Subject To Offset YesNo EFT IndicatorCAGE Code 00007V6D8 Electronic Funds Transfer Account TypeRouting NumberLock Box Number Checking*******68(blank) Financial InstitutionAccount Number PUEBLO BANK AND TRUST*******99 Automated Clearing House Phone (U.S.)EmailPhone (non-U.S.) 7192526169(blank)(blank) Fax (blank) Remittance Address Nunez Conctruction Inc. 10 Audubon CIR. Pueblo, Colorado 81003 United States Taxpayer Information EINType of TaxTaxpayer Name *****8978Applicable Federal TaxNunez Construction Inc Tax Year (Most Recent Tax Year)Name/Title of Individual Executing ConsentTIN Consent Date 2023CeoOct 30, 2024 AddressSignature 10 Audubon CIR.Duane Nunez Pueblo, Colorado 81003 Points of Contact Accounts Receivable POC Duane L Nunez, CEO Nov 01, 2024 05:58:16 PM GMT https://sam.gov/entity/J1T4NHSMXNS5/coreData?status=nullPage 2 of 3 Last updated by Duane Nunez on Oct 30, 2024 at 09:52 PMNUNEZ CONSTRUCTION INC dnunezconst@yahoo.com 7192526169 Electronic Business 10 Audubon CIR Duane L Nunez, CEO Pueblo, Colorado 81003 dnunezconst@yahoo.com United States 7192526169 Government Business 10 Audubon CIR Duane L Nunez, CEO Pueblo, Colorado 81003 dnunezconst@yahoo.com United States 7192526169 Service Classifications NAICS Codes PrimaryNAICS CodesNAICS Title Yes236220Commercial And Institutional Building Construction 236118Residential Remodelers Size Metrics IGT Size Metrics Annual Revenue (from all IGTs) (blank) Worldwide Annual Receipts (in accordance with 13 CFR 121)Number of Employees (in accordance with 13 CFR 121) $2,375,025.001 Location Annual Receipts (in accordance with 13 CFR 121)Number of Employees (in accordance with 13 CFR 121) (blank)(blank) Industry-Specific Barrels CapacityMegawatt HoursTotal Assets (blank)(blank)(blank) Electronic Data Interchange (EDI) Information This entity did not enter the EDI information Disaster Response Yes, this entity appears in the disaster response registry. Bonding LevelsDollars (blank)(blank) StatesCountiesMetropolitan Statistical Areas ColoradoCO: Pueblo, El Paso, AlamosaCO: Pueblo, Colorado Springs Nov 01, 2024 05:58:16 PM GMT https://sam.gov/entity/J1T4NHSMXNS5/coreData?status=nullPage 3 of 3