Jerry_Ambrose_Veterans_Council_Transitional_Housing_Rehab_-_Phase_II_(Addendum_#1_Revision).pdf

INVITATION FOR BID

CITY OF KINGMAN

Finance

2025-IFB-017

JERRY AMBROSE VETERANS COUNCIL TRANSITIONAL

HOUSING REHAB - PHASE II

ISSUE DATE: May 19, 2025

BID DUE DATE: June 12, 2025, 3:00 pm (Arizona Time)

CONTACT PERSON:

Monica Murphy, Grants Administrator

(928) 753-8159 mmurphy@cityofkingman.gov

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://secure.procurenow.com/portal/cityofkingman

PLEASE NOTE: Bidder is responsible for obtaining any addenda and acknowledging it through the procurement portal.

https://secure.procurenow.com/portal/%7bproject.government.code%7d

CITY OF KINGMAN

INTRODUCTION

MINIMUM QUALIFICATIONS

SPECIFICATIONS

TERMS AND CONDITIONS

INSURANCE REQUIREMENTS

INSTRUCTIONS TO BIDDERS

BID OPENING AND AWARD

PRICING PROPOSAL

VENDOR QUESTIONNAIRE

Attachments:

A - Certifications Signature Page

B - LS-2 Contractors Certification

C - LS-3 Sub Contractors Certification

D - LS-4 and 5 DOL

E - Section 3 Clause

F - S3B-1 Section 3 Assurances

G - S3B-2 Permanent and Project Workforce Breakdown

H - S3B-3 Section 3 Business Self Cert

I - S3C- 1A Section 3 Worker Self Cert

J - S3C-1B Section 3 Worker Employer Cert

K - S3C-1C Targeted Section 3 Worker Self Cert

L - S3C-1D Targeted Section 3 Worker Employer Cert

Invitation for Bid #2025-IFB-017, Jerry Ambrose Veterans Council Transitional Housing Rehab - Phase II 3

M - S3P-1 Section 3 Notice

N - S3P-2 Sample Employment Survey

O - S3R-1C Section 3 Contractor Report Forms

P - Wage Rate Determination AZ20240043 Mod 6

Q - Form-HUD-4010

R - Asbestos Abatement Clearance Report

S - JAVC Phase 2 - Bid Set

T - Courtyeard Bid Set 1

U - Courtyeard Bid Set 2

V - Courtyard Survey

Invitation for Bid #2025-IFB-017, Jerry Ambrose Veterans Council Transitional Housing Rehab - Phase II 4

1. INTRODUCTION

1.1. Summary

The intent of this Invitation for Bid (IFB) is to obtain a minimum B-2 commercial license as registered with the Arizona Registrar of Contactors to complete Phase II of the Rehabilitation at the Jerry Ambrose

Veterans Council facility. .

SPECIAL NOTE: The City of Kingman has been awarded federal Community Development Block Grant

(CDBG) funds through the Arizona Department of Housing (ADOH) for this project. The successful Bidder will be required to lend all possible assistance in the preparation, investigation and documentation necessary for compliance with all applicable federal and ADOH requirements.

The award of this solicitation is contingent upon the availability of federal funds. Please note that, due to ongoing federal funding freezes, the funding for this project may be subject to appropriation decisions. The issuance of an award under this solicitation is therefore dependent on the allocation of federal funds. In the event that funding is not appropriated or becomes unavailable, the awarding of the contract may be delayed or canceled without obligation to the bidder.

1.2. Contact Information

Monica Murphy

Grants Administrator

310 N. 4th Street

Kingman, AZ 86401

Email: mmurphy@cityofkingman.gov

Phone: (928) 753-8159

1.3. Questions

Questions regarding this solicitation must be submitted online through the OpenGov portal. Questions must be received by no later than the date and time specified in the timeline included in this IFB (Questions Due

From Proposers).

2. MINIMUM QUALIFICATIONS

Bidders must demonstrate that they have the resources and capability to provide the materials and services as described herein. All Bidders must submit the documentation requested. Failure to provide any of the required documentation may cause the bid to be deemed non-responsive and/or non-responsible and rejected.

Invitation for Bid #2025-IFB-017, Jerry Ambrose Veterans Council Transitional Housing Rehab - Phase II 5

2.1. SAM.GOV

This contract is being funded by a COMMUNITY DEVELOPMENT BLOCK GRANT, under a grant to the City of Kingman from the ARIZONA DEPARTMENTOF HOUSING (ADOH) AND THE U.S.

DEPARTMENTOF HOUSING AND URBAN DEVELOPMENT (HUD). The contractor acknowledges that all applicable Federal Regulations and Laws apply.

Bidders and Construction Contractors are required to be registered and current in the federal SAM (System of Award Management) system and have a Unique Entity ID number. Bidders and Construction Contractors shall provide proof that they are currently not debarred by the federal government by providing a screen print from the System for Award Management (www.sam.gov).

2.2. Contractor's License (AZ ROC)

Bidders shall provide proof of a minimum B-2 commercial license as registered with the Arizona Registrar of Contractors.

2.3. 2.3. Contractor's Qualification Statement

Bidders shall provide, with the attachment provided herein, a contractor's qualification statement.

3. SPECIFICATIONS

Jerry Ambrose Veterans Council Transitional Housing Rehab - Phase II: a minimum B-2 commercial license as registered with the Arizona Registrar of Contactors to complete Phase II of the Rehabilitation at the Jerry Ambrose Veterans Council facility. .

The Bidder shall provide the goods requested.

3.1. Scope of Work

This job will consist of Phase II of rehabilitating approximately 25% of a 22,148 square foot, free standing office building that was built in 1963, into a transitional home for homeless veterans from Mohave County.

Once fully complete the transitional housing will include offices, therapy rooms, warming kitchen, restrooms, showers, laundry room, and conference/meeting rooms. All work will be interior.

Phase II rehabilitation work will include installation of electrical services, veteran rooms, laundry, the remaining showers/restrooms, conference/ training room, and the courtyard. Framing has been completed.

Insulation will need to be installed, drywall installed and taped, interior doors installed, flooring, lighting, interior painting, electrical receptacles installed as indicated on plans.

City permitting is required by awarded bidder.

Plans are attached with the designated area highlighted for bidding purposes.

Previously the building has been tested for asbestos, lead based paint and mold, and cleared by ADEQ.

The Asbestos clearance report has been attached under IFB attachments.

4. TERMS AND CONDITIONS

http://www.sam.gov/

Invitation for Bid #2025-IFB-017, Jerry Ambrose Veterans Council Transitional Housing Rehab - Phase II 6

4.1. Bid Bond

No bid shall be read unless accompanied by the 10% bid proposal guarantee payable by unconditional certified check, cashier's check, or bid bond, payable to the City of Kingman. The bid guarantee payment must be remitted in advance of the bid closing date and the payment should be delivered to the: City

Complex, Finance Department, 310 N. 4th Street, Kingman, AZ 86401. Failure to timely submit security in the amount and type required may result in the rejection of the bid. Refunds will be made to any unsuccessful bidders upon determination of award.

4.2. Performance and Payment Bond

The contractor will be required to provide a Performance Bond and Payment Bond equal to one hundred percent (100%) of the contract amount. No substitution or other form of bond will be allowed .

Such bonds shall be executed solely by a surety company or companies holding a certificate of authority to transact surety business in the State of Arizona as issued by the Director of the Arizona Department of

Insurance. Such bonds are not to be limited as to the time in which action may be instituted against the surety company. The bond(s) shall be made payable and acceptable to the City of Kingman and shall be written or countersigned by an authorized representative of the surety who is either a resident of the State of Arizona of whos principal office is maintained in this State, as required by law, and the bond(s) shall have attached thereto a certified copy of the Attorney of the signing official.

4.3. Funding Contingency

The award of this solicitation is contingent upon the availability of federal funds. Please note that, due to ongoing federal funding freezes, the funding for this project may be subject to appropriation decisions. The issuance of an award under this solicitation is therefore dependent on the allocation of federal funds. In the event that funding is not appropriated or becomes unavailable, the awarding of the contract may be delayed or canceled without obligation to the bidder.

4.4. Firm Pricing

Bid price must be firm for City acceptance for a minimum of 90 days from the bid opening date.

4.5. Subcontractors

Bidder may utilize the services of specialty subcontractors on those parts of work which come under normal contracting practices or are typically performed by specialty subcontractors, provided Contractor, as soon as practical after the award of Contract, furnishes to the City in writing the names of the persons or entities proposed for each of the principal portions of the work, together with their Arizona contractor’s license numbers. City will promptly reply to the Contractor in writing stating whether or not the City, after due investigation, has reasonable objection to any proposed person or entity.

Bidder shall not award work to subcontractors, in excess of forty-nine percent (49%) of the Contract price without prior written approval of the City. Bidder is fully responsible for the acts and omissions of his or her subcontractors, and of persons either directly or indirectly employed by them. Bidder shall not employ any subcontractors that are not properly licensed with the City and the State of Arizona. Changes of subcontractors listed with the proposal shall be made only with the approval of the City.

Nothing contained in the contract documents shall be construed as creating any contractual relationship between any subcontractor and the City.

Invitation for Bid #2025-IFB-017, Jerry Ambrose Veterans Council Transitional Housing Rehab - Phase II 7

4.6. Project Schedule

Prior to commencing construction, the Contractor shall submit a project schedule that identifies major work elements and the approximate time of completion for each. The City of Kingman shall approve the project schedule before the contractor proceeds with any work under this contract.

4.7. Basis for Award

The City intends to award the bid to the lowest responsible, responsive bidder.

4.8. Rejection of Bids

The City reserves the right to waive technical defects, discrepancies and minor irregularities in a response.

The City reserves the right to re-seal any response that was opened prematurely; the City has determined this event as a minor irregularity. The Deputy City Manager/Finance Director shall be notified and shall log the event and place it in the procurement file.

The City reserves the right to award any alternatives set forth in the IFB documents at its sole discretion.

Bids may be rejected if there are any alterations to the required forms, additions not called for, conditional bids, incomplete bids, or irregularities of any kind. The City reserves the right to reject any bid not in compliance with the IFB documents, or prescribed public bidding procedures and requirements. Written notice of rejection of all bids shall be sent to all Bidders.

4.9. Reissuance of IFB

The City reserves the right to re-issue a subsequent procurement for this service at any time if deemed to be in the best interest of the City.

4.10. Protest of Award

A protest of award must be physically delivered to the Purchasing Officer within seven (7) business days of the notice of award date. Our office is open Monday through Thursday from 7:00 am to 6:00pm (closed on holidays). Packages containing protests shall be marked as follows:

RFB Award Protest - 2025-IFB-017 Attn: Tina D. Moline, Deputy City Manager/Finance Director 310 N. Fourth Street Kingman, AZ 86401

4.11. Disputes

In the event any doubt or differences of opinions exist as to the items or service to be furnished hereunder, or from evaluation and/or testing of substitutes, or the interpretation of the provisions of this procurement, the decision of the City of Kingman shall be final and binding upon all parties.

4.12. Collusion

Upon evidence that collusion exists among Bidders, none of the bids of participants in such collusion will be considered. All involved bids shall be rejected.

4.13. Section 3 Clause

The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and

Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of Section 3 is to

Invitation for Bid #2025-IFB-017, Jerry Ambrose Veterans Council Transitional Housing Rehab - Phase II 8 ensure that the 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 in the project area.

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.

The contractor agrees to send to each labor organization or representative of workers with which the contractor has collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contactor'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 applicant for training and employment positions can see the notice. The notice shall describe the Section 3 preference;

job titles subject to hire; availability of apprenticeship and training positions; the qualifications for each;

the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin.

The contractor agrees to include this Section 3 clause in every subcontractor subject to compliance with regulations in 24 CFR part 75 and agrees to take appropriate action, as provided in an applicable provision of the subcontractor 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 subcontractor 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.

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.

Noncompliance with HUD's regulations in 24 CFR part 75 may result in sanctions, terminations of this contract for default and debarment or suspension from future HUD assisted contracts.

4.14. Section 3 Assurance and Forms

Bidder shall provide, with the attachments provided herein, Section 3 Assurance and Forms; S3B-1

Assurance, S3B-2 Estimated Project Workforce Breakdown, S3B-3 Business Self Certification, S3C-1A

Worker Self Certification, S3B-1B Worker Employer Certification, S3C-1C Targeted Section 3 Worker

Self Certification, S3C-1D Targeted Section 3 Worker Employer Certification, S3P-1 Notice - Employment and Training Positions Available, S3P-2 Sample Employment Survey, S3R-1C Contractor Report

4.15. Federal Labor Standards Provisions

This agreement is subject to the Federal Labor Standards Provisions, Davis-Bacon Act of 1931, contract

Work Hours and Safety Standards Act of 1962, Copeland Act of 1934 and the Fair Labor Standards Act of

1939. The CONTRACTOR agrees to comply with the Federal Labor Standards Provisions (HUD Form

4010) which is incorporated by reference herein. The CONTRACTOR shall supply information to the City of Kingman as necessary for monitoring of compliance to include, but not be limited to, submission of

Labor Standard Forms included in the bid package, on-site inspections, investigations and/or enforcement by the City of Kingman. The CONTRACTOR agrees to comply with Wage Rate Determination included in the bid package and incorporated by reference.

Invitation for Bid #2025-IFB-017, Jerry Ambrose Veterans Council Transitional Housing Rehab - Phase II 9

THIS PROJECT IS IN WHOLE OR IN PART FEDERALLY FUNDED AND THE SUCCESSFUL

BIDDER WILL BE REQUIRED TO ADHERE TO FEDERAL LABOR STANDARD/DAVIS-

BACON PROVISIONS.

Monica Murphy, Grants Administrator will monitor compliance with such provisions and standards on behalf of the City of Kingman. The successful bidder will be required to complete the following forms in order to comply. A brief explanation of the form and when the form is to be submitted to Grants

Administrator is listed below. Should you have any questions concerning Federal Labor Standards or the forms to be submitted, please feel free to call Grants Administrator, Monica Murphy at phone number:

(928) 753-8159; or e-mail: mmurphy@cityofkingman.gov.

LS-2 Contractor’s Certification Concerning Labor Standards and Prevailing Wage Requirements:

A separate form is to be completed by the contractor and submitted as a part of the bid package.

LS-3 Sub-contractor’s Certification Concerning Labor Standards and Prevailing Wage

Requirements: This form is to be completed by each subcontractor and submitted to Grants Administrator within ten (10) days of execution of the subcontract and a minimum of seven (7) days prior to the date the subcontractor is scheduled to start work on site.

LS-4 Weekly Payroll Report: This form is to be completed by each contractor and sub-contractor weekly for the contract duration. Forms must be complete, correctly signed and submitted to Grants Administrator within seven (7) days of the end of the work week. Weekly Payroll Reports will be verified by Grants

Administrator and ADOH to confirm payment of the required wages. The Weekly Payroll Reports must include all employees who have worked on the job site, including persons exempt from Davis-Bacon and

Related Acts wage rate. Exempt persons are:

A. Business Owners: This person must be listed in Section 5C of the LS2 or LS3 as an owner, partner or principal, owning at least a bona fide twenty percent (20%) equity interest in the business and must also be able to document the business via a tax ID number. This person must also be actively engaged in the business’s management and must not meet the Davis-Bacon definition of a “laborer or mechanic”. Relatives of the owner who are not listed in Section 5C must be paid Davis-Bacon and Related Acts wages. A sub-contractor who cannot document that the business is bona fide must be listed as an employee on the prime contractor's Weekly Payroll Report.

B. Apprentices: The contractor/sub-contractor must provide written evidence of the registration of the program with the DOL Employment and Training Administration (ETA), Office of Apprenticeship

Training, Employer and Labor Services (OA) or a state apprenticeship agency recognized by the ETA/OA.

For additional information concerning apprentices, please call PCI.

C. Youth Employment: These individuals must be employed in a bona fide summer youth employment or opportunity program. For additional information concerning youth employment, please call PCI.

D. Other: On-site but non-construction (non-hands on) superintendents, inspectors, engineers, watch persons, water carriers, messengers, clerical workers and working foremen who devote less than twenty percent (20%) of their time to construction work are exempt. If a foreman devotes more than twenty percent

(20%) of his/her time to mechanic or laborer duties, they must be paid the applicable wage rate(s) for all hours worked.

LS-5 Statement of Compliance: This form is the certification for the Payroll Form LS-4. A separate form is to be completed by each contractor and subcontractor weekly for the duration of the contract. Forms must be complete and correct, signed by the appropriate person, and submitted to the Grants Administrator WITH

Invitation for Bid #2025-IFB-017, Jerry Ambrose Veterans Council Transitional Housing Rehab - Phase II 10

THE LS-4 within seven (7) days of the end of the work week. The LS-5 must list all deductions indicated on the LS-4 and must indicate whether the fringes were paid in cash or to an approved fringe benefit plan.

The LS-5 must be signed in ink by the owner or officer as listed on the LS-2 or LS-3 or by an employee designated in writing by the owner/officer as authorized to sign.

LS-7 Notice to All Employees: This notice must be posted on the job site prior to the start of construction and must remain posted during construction.

LS-15 Authorization for Deductions: This form is to be completed by each contractor and sub-contractor and is to be submitted to the Grants Administrator one (1) week prior to the first payroll. Please note that each employee who authorizes payroll deductions for items other than standard state and federal taxes must sign the form.

The following information or action is also required in order to comply with Federal Labor Standards.

Verification of Fringe Benefit Plan

If fringe benefits are not paid in cash, each contractor and sub-contractor must submit verification of each fringe benefit plan at least one (1) week prior to the first payroll by submitting the following information.

1. A copy of the most remittance statement from the company holding the fringe benefit plan such as a bank, union, etc. The remittance statement must verify the employees covered by the plan and the amount paid into the plan for each employee by the contractor or subcontractor.

OR

2. A letter addressed to Monica Murphy from each bank, union, etc. holding the fringe benefit plan. The letter must verify which employees are covered by the plan and the amount paid into the plan for each employee by the contractor or sub-contractor.

Pre-construction Conference

The purpose of the pre-construction conference is to provide a forum for the City of Kingman, Grants

Administrator, contractor, and sub-contractors to discuss the technical nature of the construction project and all of the compliance requirements of the contract.

Contractor and sub-contractor representatives shall attend. It is very important that the person preparing the weekly payroll sheets attend this conference as well.

Notice Provisions

The Federal Labor Standards Provisions as well as the General Wage Decision included in this bid package must be posted on site during construction as well as the Equal Opportunity Employment/Non-

Discrimination Notice. All postings shall be clearly visible and easily accessible to employees.

During construction, the Grants Administrator will monitor compliance with the Federal Labor

Standards/Davis-Bacon. This monitoring shall include, but not be limited to, contractor and sub-contractor employee interviews, on-site inspections, review of the weekly payroll, etc., as required. Copies of the LS forms to be completed during monitoring are available from the Grants Administrator.

Invitation for Bid #2025-IFB-017, Jerry Ambrose Veterans Council Transitional Housing Rehab - Phase II 11

Bidder shall provide, with attachments provided herein, all Federal Davis-Bacon Wage Act Documents, as applicable.

4.16. Civil Rights

The Undersigned is fully aware that this contract is wholly or partially federally funded, and further, agrees to abide by the:

Civil Rights Act of 1964, Title VI, as amended, that provides no person on the basis of Race, Color or

National Origin shall be excluded from participation, denied program benefits or subjected to discrimination.

And, Civil Rights Act of 1968, Title VIII, as amended, will not discriminate in housing on the basis of

Race, Color, Religion, Sex or National Origin.

And, Rehabilitation Act of 1973, Section 503, as amended, which prohibits discrimination against individuals with disabilities and requires government contractor to take affirmative action to employ and advance in employment qualified individuals with disabilities.

And, Housing and Community Development Act of 1974, Section 109, as amended, that no person shall be excluded from participation (including employment), denied program benefits or subjected to discrimination on the basis of Race, Color, National Origin, Sex, Age, Religion and Disability under any program or activity funded in whole or part under Title I (CDBG) of the Act.

And, Age Discrimination Act of 1975, as amended, that no person shall be excluded from participation, denied program benefits or subjected to discrimination on the basis of age under any program or activity receiving federal funds.

And, Americans with Disabilities Act of 1990, as amended, that no covered entity shall discriminate against a qualified individual on the basis of disability in regard to job application procedures, the hiring, advancement or discharge of employees, employee compensation, job training and other terms, conditions and privileges of employment.

And, Executive Order 11063, that no person shall, on the basis of Race, Color, Religion, Sex, or National

Origin, be discriminated against in housing and related facilities provided with federal assistance or lending practices with respect to residential property when such practices are connected with loans insured or guaranteed by the federal government.

4.17. Equal Employment Opportunity

During the performance of the contract, the contractor agrees as follows:

1. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. 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 or national origin. Such action shall include, but not limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising; layoff or terminations; 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.

Invitation for Bid #2025-IFB-017, Jerry Ambrose Veterans Council Transitional Housing Rehab - Phase II 12

2. The contractor will, in all solicitation or advancements 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, gender identity or national origin.

3. 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. 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 actions, including an investigation conducted by the employer, or consistent with the contractor's legal duty to furnish information.

4. The contactor 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 and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

5. The contractor will comply with all provisions of the rules, regulations, and relevant orders of the

Secretary of Labor.

6. The contractor will furnish all information and reports required 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 proposes of investigation to ascertain compliance with such rules, regulations, and orders.

7. In the event of the contractor's noncompliance with the nondiscrimination 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 contact and such other sanctions may be imposed and remedies invoked as provided by rule, regulation, or order of Secretary of

Labor, or as otherwise provided by law.

8. The contractors will include the provisions or paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued, 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. "[32 FR 14303, 3 CFR, 1966-1970 Comp., p. 6864, 43 FR 46501, 3 CFR, 1978 Comp., p. 230, EO 13665 of April 8, 2014, 79 FR 20749, 79 FR 42971].

4.18. Equal Opportunity for Workers with Disabilities - Section 503 (if contract is

$10,000 or over)

1. The Contractor will not discriminate against any employee or applicant for employment because of physical or mental disability in regard to any position for which the employee or applicant for employment is qualified. The Contractor agrees to take affirmative action to employ and advance in employment

Invitation for Bid #2025-IFB-017, Jerry Ambrose Veterans Council Transitional Housing Rehab - Phase II 13 individuals with disabilities, and to treat qualified individuals without discrimination on the basis of their physical or mental disability in all employment practices including the following:

a. Recruitment, advertising and job application procedures;

b. Hiring, upgrading, promotion, award of tenure, demotion, transfer, layoff, termination, right of return from layoff and rehiring;

c. Rates of pay or any other form of compensation and changes in compensation;

d. Job assignments, job classifications, organizational structures, position descriptions, lines of progression and seniority lists;

e. Leaves of absence, sick leave or any other leave;

f. Selection and financial support for training including apprenticeship, professional meetings, conferences and other activities and selection for leaves of absence to pursue training;

g. Activities sponsored by the contractor including social or recreational programs; and

h. Any other term, condition or privilege of employment.

2. The Contractor agrees to comply with the rules, regulations and relevant orders of the Secretary of Labor issued pursuant to the Act.

3. In the event of the Contractor’s non-compliance with the requirements of this clause, actions for non-compliance may be taken in accordance with the rules, regulations and relevant orders of the Secretary of

Labor issued pursuant to the Act.

4. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the Director, Office of Federal Contract Compliance

Programs, provided by or through the contracting officer. Such notices shall state the rights of applicants and employees as well as the Contractor's obligation under the law to take affirmative action to employ and advance in employment qualified employees and applicants with disabilities. The Contractor must ensure that applicants or employees with disabilities are provided the notice in a form that is accessible and understandable to the individual applicant or employee (i.e. providing Braille or large print versions of the notice or posting a copy of the notice at a lower height for easy viewing by a person using a wheelchair).

With respect to employees who do not work at a physical location of the Contractor, a Contractor will satisfy its posting obligations by posting such notices in an electronic format, provided that the Contractor provides computers, or access to computers, that can access the electronic posting to such employees or the

Contractor has actual knowledge that such employees otherwise are able to access the electronically posted notices. Electronic notices for employees must be posted in a conspicuous location and format on the company's intranet or sent by electronic mail to employees. An electronic posting must be used by the

Contractor to notify job applicants of their rights if the Contractor utilizes an electronic application process.

Such electronic applicant notice must be conspicuously stored with, or as part of, the electronic application.

5. The Contractor will notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding that the Contractor is bound by the terms of Section

503 of Rehabilitation Act of 1973, as amended, and is committed to take affirmative action to employ and advance in employment and shall not discriminate against individuals with physical or mental disabilities.

Invitation for Bid #2025-IFB-017, Jerry Ambrose Veterans Council Transitional Housing Rehab - Phase II 14

6. The Contractor must include the provisions of this clause in every subcontract or purchase order in excess of $10,000 unless exempted by rules, regulations or orders of the Secretary issued pursuant to Section 503 of the Act, as amended, 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 the Director of the

Office of Federal Contract Compliance Programs may direct to enforce such provisions, including action for non-compliance.

7. The Contractor must, 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 and will not be discriminated against on the basis of disability.

4.19. Sanction, Penalties and Debarment

A breach of the contract provisions concerning violations of federal labor standards may be grounds for termination of the contract and result in sanctions, penalties including liquidated damages and/or debarment of the contractor.

4.20. Procurement of Recovered Materials

The undersigned is fully aware that this contract is wholly or partially federally funded and further by submission of this bid certifies that they will adhere to the requirements and specifications as outlined by the EPA at 40 CFR Part 247, Comprehensive Procurement Guideline for Products Containing Recovered

Materials

4.21. Access to Records and Records Retention

The undersigned certifies, to the best of his or her knowledge and belief that:

1. The individual, sole proprietor, partnership, corporation and/or association agrees to permit the Recipient, Consultants, State of Arizona Department of Housing (ADOH), U. S. Department of Housing and Urban

Development (HUD) and the Office of the Inspector General and/or their designated representatives to have access to all records for review, monitoring and audit during normal working hours.

2. The individual, sole proprietor, partnership, corporation and/or association agrees to retain all records for at least three (3) years following the grant contract closeout between HUD and ADOH or the resolution of all audit findings, whichever is later.

4.22. Conflicts of Interest

A. Notify. Prior to taking an action in connection with a City contract, every employee shall, in writing, notify the employee's supervisor, the City Attorney, and Purchasing Officer of any actual or potential conflict of interest of such employee. City employees shall comply with A.R.S. Title 38 regarding conflicts of interest in the purchasing of and contracting for goods, services, and construction for the City.

B. Review potential conflict of interest. Upon receiving notice of an actual or potential conflict of the interest, the City Attorney or designated representative shall review the purchasing procedures for compliance with applicable laws and regulations.

C. Determination of conflict of interest. If the City Attorney determines that an employee has an actual or potential conflict of interest in connection with a purchase, no contract shall be awarded without City

Council review and approval.

Invitation for Bid #2025-IFB-017, Jerry Ambrose Veterans Council Transitional Housing Rehab - Phase II 15

4.23. Anti-Lobbying

The undersigned certifies, to the best of his or her knowledge and belief, that:

1. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of

Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement.

2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with this federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form

- LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

3. The undersigned shall require that the language of this Certification be included in the award documents for all sub-awards to all tiers (including subcontracts, sub-grants and contracts under grants, loans and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly.

4.24. Extension of Time

Prior to bid opening, the City shall have the authority to extend the deadline for submittal of bids when unforeseen circumstances arise.

4.25. Confidentiality

A. All documents, reports, proposals, submittals, responses, or other materials submitted to the City by frims shall become the sole and exclusive property of the City and become a public record.

B. Responses shall be opened publicly at the time and place designated in the RFQ. The name of each

Respondent and such other relevant information as is specified by rule shall be publicly read and recorded.

The responses shall be open for public inspection after contract award, if any.

C. To the extent the Respondent designates, trade secrets or other proprietary data contained in the response documents shall remain confidential. The City of Kingman is subject to the Arizona Revised Statutes, Title

39, Chapter 1, relating to public records.

4.26. (ADA) The Americans with Disabilities Act

The bidder shall comply with all applicable provisions of the Americans with Disabilities Act of 1990 and the Arizonans with Disabilities Act of 1992.

4.27. Transaction Privilege Tax (TPT)

The City is not exempt from Transaction Privilege Tax (TPT); Bidder must include tax in the pricing proposal, when applicable.

4.28. Licenses

Bidder will maintain, in current status, all Federal, State, and local licenses and permits required for the operation of the business.

Invitation for Bid #2025-IFB-017, Jerry Ambrose Veterans Council Transitional Housing Rehab - Phase II 16

Pursuant to the Kingman Municipal Code, Chapter 8, Article 1.5, Business Licenses, Vendors conducting business within the City of Kingman with a permanent or temporary physical business location within the city limits must apply for a business license and pay the applicable license fee, unless exempted under section 8-13. The full municipal code can be found on the City's website or at the following link:

https://www.codepublishing.com/AZ/Kingman/.

For details regarding how to submit an application, pay the license fee, etc., please visit our website at:

https://www.cityofkingman.gov/government/departments/city-clerk/business-licenses.

4.29. Materials, Services, and Facilities

It is understood that, except otherwise specifically stated in the Contract documents, the Contractor shall provide and pay for all materials, labor, tools, equipment, water, light, power, transportation, supervision, temporary construction of any nature and all other services and facilities of any nature whatsoever necessary to execute, complete and deliver the work within the specified time. Only materials conforming to specifications and approved by Project Manager and City Inspector shall be used in the work. All material proposed for use may be inspected or tested at any time during their preparation and use.

Contractor warrants to the City that the materials and equipment furnished under the Contract will be new and of a quality equal to that specified or approved and, that all work will be good quality, free from faults and defects and in conformance with the Contract documents. Mechanical and electrical equipment shall be the products of manufacturers of established good reputations and regularly engaged in the fabrication of the equipment. All materials in which the City Inspector or Project Manager had determined do not conform to the requirements of the plans and specifications will be rejected and shall be removed immediately from the vicinity of the work by the Contractor at their own expense.

If any part or portions of the work done or material furnished under the Contract proves defective or nonconforming with the drawings and specifications, and if the imperfection is not of sufficient magnitude or importance as to make the work dangerous or unsuitable, or if the removal will create conditions which are dangerous or undesirable, the Project Manager shall have the right and authority to retain the work but shall make any deductions in the final payment as may be just and reasonable. Adjustments shall be affected whether or not final payment has been made.

4.30. Termination of Contract

A. If, for any reason, the CONTRACTOR shall fail to fulfill in a timely and proper manner his/her obligations under this contract, or if the CONTRACTOR shall violate any of the covenants, agreements, or stipulations of this contract, the CITY shall thereupon have the right to terminate the contract by giving written notice to the CONTRACTOR of such termination and specify the effective date thereof. In such event, all finished or unfinished site or structural improvements as well as all material or equipment acquired or stored by the CONTRACTOR under this Contract shall, at the option of the CITY, become

CITY'S property and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder.

Notwithstanding the above, the CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of the Contract by the CONTRACTOR, and the CITY may withhold any payments to the CONTRACTOR for the purpose of set-off until such time as the exact amount of damages due the CITY from the CONTRACTOR is determined.

B. The CITY may terminate this Contract at any time by giving at least ten (10) days' notice in writing to the CONTRACTOR. If the Contract is terminated by the CITY as provided herein, the CONTRACTOR https://www.codepublishing.com/AZ/Kingman/#!/Kingman08/Kingman08.html https://www.cityofkingman.gov/government/departments/city-clerk/business-licenses

Invitation for Bid #2025-IFB-017, Jerry Ambrose Veterans Council Transitional Housing Rehab - Phase II 17 will be paid as provided in this Addendum for the time expended and expenses incurred up to the termination date. If this contract is terminated due to the fault of the CONTRACTOR, Paragraph 1 hereof relative to termination shall apply.

C. This contract may be terminated per A.R.S. §38-511, Conflict of Interest.

4.31. Payments to Contractor

Payments will be made on the basis of itemized statements provided by the Contractor and shall be submitted with an updated progress schedule and appropriate Federal Labor Standards forms in accordance with the Contract Agreement, the Standard Specifications and Terms and Conditions.

Three copies of itemized statements for completed work items must be submitted to the City of Kingman

CDBG Administrator who will review the statements and determine the acceptability of the payment request. The City will process partial payments once a month and payment will be made within 30 days of invoice receipt.

The City will retain a percentage of the amount until final approval of improvements and final payment.

This project is in whole or in part Federally funded and the contractor will be required to adhere to Davis

Bacon/Federal labor standard provisions. All required Federal Labor Standards (LS) forms as listed in the

Contract Agreement including weekly payroll report will need to be summitted to the City in order to comply. Errors or omissions on these forms may delay payment.

5. INSURANCE REQUIREMENTS

5.1. Required Insurance Policies

All insurance, with the exception of Workers Compensation and Professional Liability, must name the City as additional insured before a final contract can be executed. The City reserves the right to request a copy of the full policy for review. A copy of additional insured endorsement will be required prior to contract execution. Insurance must be be primary and include a waiver of subrogation. Proposer agrees to obtain and maintain the following insurance coverage from insurers licensed to do business in the state of Arizona that have an "A.M. Best" rating of not less than "A-VII" with the following minimum insurance required:

5.2. Commercial General Liability

Policy must include Bodily Injury, Property Damage, Personal Injury and Broad Form Contractual Liability with coverage limits of not less than:

A. Each Occurrence: $1,000,000

B. General Aggregate: $2,000,000

5.3. Commerical Automobile Liability

$1,000,000 Commercial Auto (can be waived, depending on circumstances)

5.4. Worker's Compensation

Per Occurrence: statutory requirement

Invitation for Bid #2025-IFB-017, Jerry Ambrose Veterans Council Transitional Housing Rehab - Phase II 18

5.5. Other and Professional Liability

$1,000,000 - Applicable to design services (architects or engineers).

Pollution, where necessary.

Builders Risk (for new construction). Bid bonds may be required and if awarded, payment and performance bonds. All bonds must be verified before work can begin.

5.6. Minimum Limits

The City in no way warrants that the minimum limits contained herein are sufficient to protect the contractor from liabilities that might arise out of the performance of work under this contract/agreement. The contractor is free to purchase such additional insurance as may be determined necessary.

6. INSTRUCTIONS TO BIDDERS

6.1. Submission of Bids

Bids must be received by 3:00 pm, Arizona time, on Thursday, June 12, 2025, submitted directly through the OpenGov procurement portal.

Mailed, faxed, hand-delivered, and e-mailed responses will not be accepted. Mailed responses will be disposed of, unopened, and will not be returned to the Respondent.

Bidders wishing to submit responses must register for a free OpenGov account at:

https://procurement.opengov.com/signup. To receive notification of future solicitations, please subscribe to the City of Kingman OpenGov solicitations by clicking here:

https://procurement.opengov.com/portal/cityofkingman. For detailed instructions on how to register and subscribe, you can also visit the City of Kingman's website at:

https://www.cityofkingman.gov/government/advanced-components/list-detail-pages/rfp-posts-list.

Requests for extensions of this time and date will not be granted, unless deemed to be in the City’s best interest. Bids or unsolicited amendments to Bids received by the City after the acceptance date and time will not be considered.

Any bid may be withdrawn at any time prior to the specified date and time for IFB closing.

6.2. Documents to be Included with Bid

A. Bid Security in the form of bid bond, unconditional certified check or cashier's check payable to the City of Kingman for 10% of the bid amount.

B. Performance Bond

C. Payment Bond

D. Bid Response Package to include:

1. Bid Response Form

2. Subcontractor List (if applicable) https://procurement.opengov.com/signup https://procurement.opengov.com/portal/cityofkingman https://procurement.opengov.com/portal/cityofkingman https://www.cityofkingman.gov/government/advanced-components/list-detail-pages/rfp-posts-list

Invitation for Bid #2025-IFB-017, Jerry Ambrose Veterans Council Transitional Housing Rehab - Phase II 19

3. Materials List (if applicable)

4. Contractor's License

E. New Vendor Application (if not already a registered vendor)

F. W-9 Form (if not already a registered vendor)

G. Vendor EFT Form (optional)

H. Sam.gov Eligibility Registration

I. Contractor's Qualification Statement

J. Equal Employment Opportunity Form

K. Conflict of Interest Certification

L. Certifications Signature Form

M. All Federal Davis-Bacon Wage Act Documents, as applicable; LS-2 Contractor's Certification, LS-

3 Subcontractor's…