FINAL AGENDA REGULAR COUNCIL MEETING TUESDAY APRIL ...

FINAL AGENDA

REGULAR COUNCIL MEETINGTUESDAYAPRIL 3, 2018

COUNCIL CHAMBERS211 WEST ASPEN AVENUE

4:30 P.M. AND 6:00 P.M.

4:30 P.M. MEETING

Individual Items on the 4:30 p.m. meeting agenda may be postponed to the 6:00 p.m.meeting.

1. CALL TO ORDER

NOTICE OF OPTION TO RECESS INTO EXECUTIVE SESSION

Pursuant to A.R.S. §38-431.02, notice is hereby given to the members of the City Council andto the general public that, at this regular meeting, the City Council may vote to go intoexecutive session, which will not be open to the public, for legal advice and discussion with theCity’s attorneys for legal advice on any item listed on the following agenda, pursuant to A.R.S.§38-431.03(A)(3).

2. ROLL CALL NOTE: One or more Councilmembers may be in attendance telephonically or by other technological means. MAYOR EVANSVICE MAYOR WHELANCOUNCILMEMBER BAROTZCOUNCILMEMBER MCCARTHY

COUNCILMEMBER ODEGAARDCOUNCILMEMBER OVERTONCOUNCILMEMBER PUTZOVA

3. PLEDGE OF ALLEGIANCE AND MISSION STATEMENT

MISSION STATEMENT

The mission of the City of Flagstaff is to protect and enhance the quality of life for all.

4. APPROVAL OF MINUTES FROM PREVIOUS MEETINGS

A. Consideration and Approval of Minutes: City Council Work Session of February 13, 2018;Special Meeting (Executive Session) of March 6, 2018; Regular Meeting of March 6, 2018;and Regular Meeting of March 20, 2018.

5. PUBLIC PARTICIPATION


Public Participation enables the public to address the Council about an item that is not on theagenda. Comments relating to items that are on the agenda will be taken at the time that theitem is discussed. If you wish to address the Council at tonight's meeting, please complete acomment card and submit it to the recording clerk as soon as possible. Your name will becalled when it is your turn to speak. You may address the Council up to three times throughoutthe meeting, including comments made during Public Participation. Please limit your remarksto three minutes per item to allow everyone an opportunity to speak. At the discretion of theChair, ten or more persons present at the meeting and wishing to speak may appoint arepresentative who may have no more than fifteen minutes to speak.

6. PROCLAMATIONS AND RECOGNITIONS

A. Master Recycler Program Update and Recognition

STAFF RECOMMENDED ACTION: Informational update and recognition.

7. APPOINTMENTS

Pursuant to A.R.S. §38-431.02, notice is hereby given to the members of the City Council andto the general public that the City Council may vote to go into executive session, which will notbe open to the public, for the purpose of discussing or considering employment, assignment,appointment, promotion, demotion, dismissal, salaries, disciplining or resignation of a publicofficer, appointee, or employee of any public body...., pursuant to A.R.S. §38-431.03(A)(1).

A. Consideration of Appointments: Open Spaces Commission.

STAFF RECOMMENDED ACTION: Make one appointment to a term expiring April 2021.

8. ROUTINE ITEMS

A. Consideration and Approval of Contract: Approve the construction contract with EagleMountain Construction Company in the amount of $229,113.00 for the Milton SewerRehabilitation, Phase 2.

STAFF RECOMMENDED ACTION: 1) Approve the construction contract with Eagle Mountain Construction Company in the

amount of $229,113.00 which includes a $20,000.00 contract allowance and a contractedtimeframe of 50 calendar days;2) Approve Change Order Authority to the City Manager in the amount of $20,910 (10%of the contract amount, less allowance); and3) Authorize the City Manager to execute the necessary documents.

B. Consideration and Approval of Contract: Approve the construction contract with KinneyConstruction, LLC in the amount of $573,133.00 for the Fountaine Water and SewerImprovement Project.

STAFF RECOMMENDED ACTION: 1) Approve the construction contract with Kinney Construction, LLC ("Contractor") in the

amount of $573,133.00, which includes a contract allowance of $40,000.00, and acontract timeframe of 150 calendar days;2) Approve Change Order Authority to the City Manager in the amount of $53,313.00(10% of the contract amount, less allowance); and3) Authorize the City Manager to execute the necessary documents.

C. Consideration and Approval of Grant Application(s) and Acceptance upon Award: Approval of Arizona Governor's Office of Highway Safety FY2019 Police DepartmentGrant Application(s) for Law Enforcement Projects and Acceptance Upon Award of grantfunding for: (1) DUI Abatement Council Proposal; (2) Driving Under the Influence TaskForce; (3) Youth Alcohol Prevention and Interdiction Projects; and (4) the purchase of patrolradar units.

STAFF RECOMMENDED ACTION: Approve the City of Flagstaff Police Department (FPD) grant application(s) and

acceptance of an award from the Arizona Governor's Office of Highway Safety(GOHS) for grant funds in the amount of: (1) $30,000.00 for a DUI Abatement CouncilProposal; (2) $56,550.00 for a Driving Under the Influence Task Force; (3) $55,200.00for Youth Alcohol Prevention and Interdiction Task Force Projects; and(4) $23,025.00 for the purchase of 15 handheld patrol radar units and 5 vehicle mountedradar units.

D. Consideration and Approval of Grant Applications and Acceptance uponAward: Arizona Governor's Office of Highway Safety (GOHS) Federal Fiscal Year 2019for Fire Department Application grant funding for large set of battery operated extricationtools.

STAFF RECOMMENDED ACTION: Approve the application (s) and acceptance of an award from the Arizona Governor's

Office of Highway Safety (GOHS) for grant funds in the amount of three separate grantsubmittals to purchase heavy duty battery operated extrication equipment; 1) Heavy DutyCutters - $10,355- 2) Heavy Duty Spreader - $12,535- 3) Heavy Duty Ram - $8,175

E. Consideration and Adoption of Resolution No. 2018-18: Resolution of the CityCouncil of the City of Flagstaff, Arizona, declaring, for the purposes of Section 1.150-2 of theFederal Treasury Regulations, official intent to be reimbursed in connection with certaincapital expenditures relating to the Flagstaff Watershed Protection Project, PublicSafety/City Operations Communication System, Water Projects and Wastewater Projects,and establishing an effective date.

STAFF RECOMMENDED ACTION: 1) Read Resolution No. 2018-18 by title only

2) City Clerk reads Resolution No. 2018-18 by title only (if approved above)3) Adopt Resolution No. 2018-18

RECESS

6:00 P.M. MEETING

RECONVENE


Pursuant to A.R.S. §38-431.02, notice is hereby given to the members of the City Counciland to the general public that, at this regular meeting, the City Council may vote to go intoexecutive session, which will not be open to the public, for legal advice and discussion withthe City’s attorneys for legal advice on any item listed on the following agenda, pursuant toA.R.S. §38-431.03(A)(3).

9. ROLL CALL NOTE: One or more Councilmembers may be in attendance telephonically or by other technological means.

MAYOR EVANSVICE MAYOR WHELANCOUNCILMEMBER BAROTZCOUNCILMEMBER MCCARTHY

COUNCILMEMBER ODEGAARDCOUNCILMEMBER OVERTONCOUNCILMEMBER PUTZOVA

10. PLEDGE OF ALLEGIANCE


12. CARRY OVER ITEMS FROM THE 4:30 P.M. AGENDA

13. REGULAR AGENDA

A. Discussion/Direction: Current Issues Before Arizona Legislature and Federal Issues

14. DISCUSSION ITEMS

A. Climate Action and Adaptation Plan Update

B. Discussion/Direction: Proposed Amendment to the City of Flagstaff's Procurement

B. Discussion/Direction: Proposed Amendment to the City of Flagstaff's ProcurementCode Manual, Article 30, Section (B)(2), "Suspension, Debarment."

C. Discussion/Direction: Staff Proposed Amendments to the City's Procurement CodeManual.

15. COUNCIL LIAISON REPORTS

16. FUTURE AGENDA ITEM REQUESTS

After discussion and upon agreement by two members of the Council, an item will be moved toa regularly-scheduled Council meeting.

A. Future Agenda Item Request (F.A.I.R.): A Citizens' Petition requesting consideration of aCouncil resolution re the Coconino County Detention Center Policy.

B. Future Agenda Item Request (F.A.I.R.):A Citizens' Petition Requesting the City Councillevy a capital projects tax of one-eighth of one cent per dollar over an estimated term offifteen years or until the amount of $45,879,876 plus an estimated projects maintenance of$6,395,000 for a total of $52,274,876 is collected on all sales or uses within the City ofFlagstaff that are subject to the Arizona State Transaction Privilege Tax and use theproceeds for acquisition and development of one or more of the recommended FOSPRprojects.

17. INFORMATIONAL ITEMS AND REPORTS FROM COUNCIL AND STAFF, FUTUREAGENDA ITEM REQUESTS

18. ADJOURNMENT

CERTIFICATE OF POSTING OF NOTICE

The undersigned hereby certifies that a copy of the foregoing notice was duly posted at Flagstaff City Hall on ___________ , at_________ a.m./p.m. in accordance with the statement filed by the City Council with the City Clerk.

Dated this _____ day of _________________, 2018.

____________________________________Elizabeth A. Burke, MMC, City Clerk

4. A. CITY OF FLAGSTAFFSTAFF SUMMARY REPORT

To: The Honorable Mayor and Council

From: Elizabeth A. Burke, City Clerk

Date: 03/30/2018

Meeting Date: 04/03/2018

TITLEConsideration and Approval of Minutes: City Council Work Session of February 13, 2018; SpecialMeeting (Executive Session) of March 6, 2018; Regular Meeting of March 6, 2018; and Regular Meetingof March 20, 2018.

RECOMMENDED ACTION:Amend/approve the minutes of the City Council Work Session of February 13, 2018; SpecialMeeting (Executive Session) of March 6, 2018; Regular Meeting of March 6, 2018; and RegularMeeting of March 20, 2018.

EXECUTIVE SUMMARY:Minutes of City Council meetings are a requirement of Arizona Revised Statutes and, additionally,provide a method of informing the public of discussions and actions being taken by the City Council.

INFORMATION:COUNCIL GOALS:COMMUNITY OUTREACHEnhance public transparency and accessibility.

Attachments: 02.13.2018.CCWS.Minutes03.06.2018.CCSMES.Minutes03.06.2018.CCRM.Minutes03.20.2018.CCRM.Minutes

WORK SESSIONTUESDAY, FEBRUARY 13, 2018

COUNCIL CHAMBERS211 WEST ASPEN AVENUE

6:00 P.M.

WORK SESSION

1. Call to Order

Mayor Evans called the meeting of February 13, 2018, to order at 6:01 p.m.

NOTICE OF OPTION TO RECESS INTO EXECUTIVE SESSION Pursuant to A.R.S. §38-431.02, notice is hereby given to the members of the City Council andto the general public that, at this work session, the City Council may vote to go into executivesession, which will not be open to the public, for legal advice and discussion with the City’sattorneys for legal advice on any item listed on the following agenda, pursuant to A.R.S.§38-431.03(A)(3).

2. Pledge of Allegiance and Mission Statement

The Council and audience recited the Pledge of Allegiance and Ms. Goodrich read the MissionStatement of the City of Flagstaff.

MISSION STATEMENT


3. ROLL CALL NOTE: One or more Councilmembers may be in attendance telephonically or by other technological means. PRESENT:

MAYOR EVANSVICE MAYOR WHELANCOUNCILMEMBER BAROTZCOUNCILMEMBER MCCARTHYCOUNCILMEMBER ODEGAARDCOUNCILMEMBER OVERTONCOUNCILMEMBER PUTZOVA (telephonically 6:28 p.m.-7:23 p.m.)

ABSENT:

NONE

Others present: Interim City Manager Barbara Goodrich and City Attorney Sterling Solomon.

4. Public Participation


Public Participation enables the public to address the council about items that are not on theprepared agenda. Public Participation appears on the agenda twice, at the beginning and atthe end of the work session. You may speak at one or the other, but not both. Anyone wishingto comment at the meeting is asked to fill out a speaker card and submit it to the recordingclerk. When the item comes up on the agenda, your name will be called. You may address theCouncil up to three times throughout the meeting, including comments made during PublicParticipation. Please limit your remarks to three minutes per item to allow everyone to have anopportunity to speak. At the discretion of the Chair, ten or more persons present at the meetingand wishing to speak may appoint a representative who may have no more than fifteenminutes to speak.

None

5. Preliminary Review of Draft Agenda for the February 20, 2018, City Council Meeting.* * Public comment on draft agenda items may be taken under “Review of Draft Agenda Items”later in the meeting, at the discretion of the Mayor. Citizens wishing to speak on agenda itemsnot specifically called out by the City Council for discussion under the second Review sectionmay submit a speaker card for their items of interest to the recording clerk.

None

A. Review of the Proposed High Occupancy Housing (HOH) Specific Plan and RelatedGeneral Plan Amendments. (SEE ITEM 13-A ON THE DRAFT AGENDA FOR THEREGULAR MEETING OF FEBRUARY 20, 2018, FOR INFORMATION)

Comprehensive Planning Manager Sarah Dechter provided a PowerPoint Presentation that

covered the following: WHAT IS BEING ADOPTED/AMENDED?ORDER OF COUNCIL ACTIONSPLANNING & ZONING RECOMMENDATION

6. Discussion: Current Issues Before Arizona Legislature and Federal Issues Assistant to the City Manager Caleb Blaschke introduced the City’s State Lobbyist Richard

Travis who was present via telephone. Mr. Blaschke provided a PowerPoint presentation thatcovered the following: FLAGSTAFF INTERGOVERNMENTAL UPDATES – FEBRUARY 6, 2018HB2266 DARK SKY LIGHTING SPECIAL PLATES Mr. Travis stated that the bill passed both the democratic and republican caucus. SCR 1016 REPEAL THE MINIMUM WAGE AND RESTRICT LOCAL GOVERNMENTS

FROM PASSING A MINIMUM WAGE HIGHER THAN THE STATE AS WELL ASREPEALTHE MINIMUM WAGE

SB1146 AND HB2166 VEHICLE FEES; ALTERNATIVE FUEL VLT

Flagstaff City Council Work Session February 13, 2018 2

Mr. Travis stated that polarity on the issue is expected; the most important bills are those thatwould give the Department of Transportation the authority to impose VLT fees to fund theDepartment of Public Safety (DPS). Councilmember Odegaard stated that he thinks the City should support the bills because itwould help with the sweep of HURF funds and help fund DPS. There has been disparitybetween regular fuel vehicles and alternative fuel vehicles but at the end of the day they areusing the same roads. Councilmember Overton offered that it seems odd that DPS was picked for the funding. Heasked if there was any discussion about just putting the funding into the larger pot anddistributing from there. Mr. Travis explained that DPS used to be a part of the ArizonaDepartment of Transportation (ADOT) and eligible for HURF dollars; when DPS became theirown agency they remained eligible for HURF funding but they were primarily funded by thegeneral fund. When the economy dipped and general fund dollars became scarce, fundingreverted back to HURF. That is why there is a link between DPS and HURF. Councilmember McCarthy stated that the money should go to HURF for road constructionand repair rather than DPS who do a lot more than protect the highways. DPS should be fullyfunded by the general fund. Council agreed to stay neutral. HB2461 ZONING REGULATIONS; PRIVATE SCHOOLS Mr. Travis explained that this bill would prohibit a municipality from adopting land useregulations on a private school. He also stated that the League is opposed to this bill. HB 2500 REAL ESTATE SIGNS; CITIES; COUNTIESHB2371 MOBILE FOOD VENDORS; STATE LICENSUREHB2480 URANIUM, RADIOACTIVE MATERIALS; TRANSPORTATION

7. Discussion/Direction: Ballot Measure for Rio de Flag Project on the November 2018 Election

Councilmember Putzova joined the meeting telephonically at 6:28 p.m.

Management Services Director Rick Tadder addressed Council with a PowerPointpresentation that covered the following: RIO DE FLAG PROJECTSALES TAX CLARIFICATION Councilmember Barotz stated that she has heard from constituents about the concern thatthe increase will also affect those local people who eat here but do not stay overnight.Councilmember McCarthy added that Flagstaff is in the ballpark for hotel tax but issubstantially higher for food tax. SALES TAX COMPARISONFUNDING CONSIDERATIONS0.25% SALES TAX – 7 YEARS NO STORMWATER FEE0.20% SALES TAX – 7 YEARS AND STORMWATER FEE0.15% SALES TAX – 7 YEARS AND STORMWATER FEE0.20% SALES TAX – 5 YEARS AND STORMWATER FEE


0.20% SALES TAX – 5 YEARS AND STORMWATER FEE0.15% SALES TAX – 5 YEARS AND STORMWATER FEENO SALES TAX AND 100% STORMWATER FEE Councilmember McCarthy pointed out that the tax relies on people who do not live inFlagstaff. All the options raise the same amount of money; when the sales tax rate is loweredthe stormwater fee increases. Councilmember Odegaard asked the status of the design process for Rio de Flag. SeniorProject Manager James Duval stated that the Army Corp has reached a settlement with thecontractor and it is within the budget they have for this fiscal year’s work program. It isestimated that the design will be complete in about 12 months. Mayor Evans stated that she has been pushing the project for the last ten years. Sheunderstands that the project needs to get done but does not feel that a sales tax isappropriate. There is a large percentage of the community who do not understand themagnitude and ramifications of a 100-year flood. She would like to see the City spend thenext 18 months educating the public. She believes that a stormwater fee should be collectedand built up so when it comes time to ask the voters to match the funds there is something toshow for the progress made. Councilmember Odegaard agreed stating that he is not supportive of a sales tax right nowbut rather putting money aside for the project. It will show the Army Corp that the City is stillserious about the project. He is supportive of a stormwater fee adjustment to start saving. Councilmember McCarthy stated that if the City does not come up with some funding, it willnot look good when the Army Corps goes through their funding process. He is not in favor ofa sales tax but is supportive on an increase to the stormwater fee. Councilmember Odegaard offered that he is supportive of the $.92 per ERU stormwater fee;it will generate $1 million per year and in year two there may be a better understanding ofwhere the project is with the Army Corp. Mayor Evans stated that she could support that direction. Councilmember Overton stated that the fee will only be captured from the property ownerswith a water meter and $1 million per year does show progress but it is still really short. TheCity will have to quadruple the fee midway through the increase to cover the cost.Additionally, not all people will pay the fee unlike a sales tax. Putting all the funding in thestormwater fee will have a big impact; rent and the cost of living will increase. The City hasraised this fee once before and it was not well received. Councilmember Putzova stated that the Rio de Flag is a stormwater infrastructure project andshe is supportive of increasing the stormwater fee. Councilmember Barotz stated that she does not support going out for a sales tax. From apolicy standpoint there is a direct relationship between the stormwater fee and thestormwater project. A majority of Council is not interested in a sales tax. Council asked for staff to look at other time options, maybe 7, 10, and 12 years with no debt.


Mr. Solomon stated that the purpose of the stormwater fee is to fund all stormwater projects,the first of which is the Rio Project. Vice Mayor Whelan suggested that as the City prepares for doing the projects itself that aworking group be organized that includes City staff, hydrologists, Friends of the Rio, andother experts to look at the different options and ideas for the project. Councilmember Barotz suggested the possibility of tying the Rio de Flag project to theFlagstaff Watershed Protection Project and taking advantage of the resources, they offer.

Councilmember Putzova left the meeting at 7:23 p.m.

8. Presentation on City Efforts to Address Litter Accumulation

Public Works Director Andy Bertelsen introduced Volunteer and Event Coordinator Maggie

Twomey and Code Enforcement Manager Reggie Eccelston. Ms. Twomey provided a PowerPoint presentation that covered the following: CITY OF FLAGSTAFF LITTER PREVENTION PROGRAMSLITTER PREVENTIONCOMMUNITY STEWARDS PROGRAM Mr. Eccelston continued the presentation. COMMUNITY CODE COMPLIANCECHALLENGES WITH LITTER ABATEMENT Mayor Evans stated that often larger or additional trash bins are needed and asked if that issomething that could be addressed. She also suggested possibly increasing the number ofservice days for pickup in those areas. Mr. Bertelsen stated that Public Works has looked at some of problem areas and they aregetting larger bins but in many cases the areas do not have the room necessary to get thebins and equipment in and out. Many property owners have been working with Mr. Eccelstonand his crew to try to mediate the issue as well. Ms. Twomey continued. IMMEDIATE OPPORTUNITIESOPPORTUNITIES FOR CONSIDERATIONQUESTIONS Mayor Evans stated that she did not know about the program in Denver and she would liketo see something like that in Flagstaff. There needs to be a tool in place to address repeatoffenders. More attention is needed in areas and properties that need additional bins. TheCity used to have a beautification program where every quarter an award was given for thebest kept house, apartment and business; the winners would get a plaque and a posting inthe newspaper. She is interested in reinvigorating the program. Councilmember Odegaard stated that it is important to have consistency in the trash andrecycle containers. Right now, there are different and opposite colors for businesses andresidential containers. Mr. Bertelsen stated that they are aware of the issue and they are


residential containers. Mr. Bertelsen stated that they are aware of the issue and they areworking on getting the bins switched out across the City to have consistent coloring. Councilmember Barotz suggested that there should be training with the collectors on how toavoid windblown litter. Additionally, the NAU Liaison can assist with education in theneighborhoods. She also suggested increasing the number of community cleanups if there issupport from the volunteers.

9. Discussion of a Resolution of the Flagstaff City Calling for the Federal Government toAdequately Fund National Parks.

Mr. Blashke presented Council with a draft resolution calling for the Federal Government to

adequately fund National Parks. He also provided a brief background on the issue. Council was supportive of moving the resolution forward to a future meeting for considerationand possible adoption.

10. Review of Draft Agenda Items for the February 20, 2018, City Council Meeting.* * Public comment on draft agenda items will be taken at this time, at the discretion of theMayor.

None


None

12. Informational Items To/From Mayor, Council, and City Manager; future agenda itemrequests.

Councilmember McCarthy reported that he recently went to the library and saw that they

have a new automated system for sorting materials; it automatically checks things back inand sorts them. He stated that it is a pretty neat system and encouraged the Council to goand take a look. Councilmember Odegaard stated that the ADOT Board will be coming to Flagstaff in April.He suggested that Council attend the meeting so they can hear the challenges with funding. Councilmember Odegaard requested that the Council and County Board of Supervisors gettogether for dinner to get to know each other and build relationships. Vice Mayor Whelan shared that she is very proud of how hard the Council worked over thelast couple of days. Councilmember Barotz requested that her FAIR item on March 6, 2018 be considered forremoval at the next meeting. Ms. Goodrich thanked the Council for all their hard work at the recent budget retreat. Mayor Evans thanked Ms. Goodrich for leading the Council through the budget process andadded that the Council is excited for her to join them at the dais.


13. Adjournment

The Work Session of the Flagstaff City Council held February 13, 2018, adjourned at 7:54 p.m.

_______________________________MAYOR

ATTEST:

_________________________________CITY CLERK


SPECIAL MEETING (EXECUTIVE SESSION)TUESDAY, MARCH 6, 2018

STAFF CONFERENCE ROOM - SECOND FLOORFLAGSTAFF CITY HALL

211 WEST ASPEN AVENUE4:00 P.M.

1. Call to Order

Mayor Evans called the Special Meeting (Executive Session) of March 6, 2018, to order at4:01 p.m.

2. Roll Call

NOTE: One or more Councilmembers may be in attendance telephonically or by other technological means. PRESENT:

MAYOR EVANSVICE MAYOR WHELANCOUNCILMEMBER BAROTZCOUNCILMEMBER MCCARTHYCOUNCILMEMBER ODEGAARDCOUNCILMEMBER OVERTONCOUNCILMEMBER PUTZOVA

ABSENT:

NONE

Others present: Interim City Manager Barbara Goodrich and City Attorney Sterling Solomon.

3. Recess into Executive Session.

4. Executive Session: The Flagstaff City Council recessed into Executive Session at 4:01 p.m.

A. Discussion or consultation for legal advice with the attorney or attorneys of the public body;Discussion or consultation with the attorneys of the public body in order to consider its positionand instruct its attorneys regarding the public body's position regarding contracts that are thesubject of negotiations, in pending or contemplated litigation or in settlement discussionsconducted in order to avoid or resolve litigation, pursuant to A.R.S. Sections 38-431.03(A)(3) and(4), respectively.

i. Vintage Partners/Proposed P3 Milltown Development Agreement The Flagstaff City Council recessed Executive Session at 4:29 p.m. and reconvened into

Executive Session at 5:08 p.m.

5. Adjournment The Flagstaff City Council Special Meeting (Executive Session) of March 6, 2018, adjourned at

5:37 p.m.

_______________________________MAYOR

ATTEST:

_________________________________CITY CLERK

CITY COUNCIL REGULAR MEETINGTUESDAY, MARCH 6, 2018

CITY HALL COUNCIL CHAMBERS211 WEST ASPEN

4:30 P.M. AND 6:00 P.M.

MINUTES

1. CALL TO ORDER Mayor Evans called the Regular Meeting of March 6, 2018, to order at 4:33 p.m.

NOTICE OF OPTION TO RECESS INTO EXECUTIVE SESSION Pursuant to A.R.S. §38-431.02, notice is hereby given to the members of the City Council and to thegeneral public that, at this regular meeting, the City Council may vote to go into executive session,which will not be open to the public, for legal advice and discussion with the City’s attorneys for legaladvice on any item listed on the following agenda, pursuant to A.R.S. §38-431.03(A)(3).


MAYOR EVANSVICE MAYOR WHELANCOUNCILMEMBER BAROTZCOUNCILMEMBER MCCARTHY (arrived at 4:35 p.m.)COUNCILMEMBER ODEGAARDCOUNCILMEMBER OVERTONCOUNCILMEMBER PUTZOVA

ABSENT:

NONE

Others present: Acting City Manager Barbara Goodrich and City Attorney Sterling Solomon.


The audience and City Council recited the Pledge of Allegiance and Vice Mayor Whelan read theMission Statement of the City of Flagstaff.

MISSION STATEMENT



A. Consideration and Approval of Minutes: Combined Special Meeting/Work Session ofJanuary 30, 2018; Special Meeting (Executive Session) of February 6, 2018; Special Meeting(Executive Session) of February 8, 2018; Special Meeting of February 12, 2018; SpecialMeeting (Executive Session) of February 12, 2018; Special Meeting (Executive Session) ofFebruary 13, 2018; and Regular Meeting of February 20, 2018.

Moved by Councilmember Charlie Odegaard, seconded by Councilmember Scott

Overton to approve the minutes of the Combined Special Meeting/Work Session of January30, 2018; Special Meeting (Executive Session) of February 6, 2018; Special Meeting(Executive Session) of February 8, 2018; Special Meeting of February 12, 2018; SpecialMeeting (Executive Session) of February 12, 2018; Special Meeting (Executive Session) ofFebruary 13, 2018; and Regular Meeting of February 20, 2018.

Vote: 6 - 0 - Unanimously


Public Participation enables the public to address the Council about an item that is not on theagenda. Comments relating to items that are on the agenda will be taken at the time that theitem is discussed. If you wish to address the Council at tonight's meeting, please complete acomment card and submit it to the recording clerk as soon as possible. Your name will becalled when it is your turn to speak. You may address the Council up to three timesthroughout the meeting, including comments made during Public Participation. Please limityour remarks to three minutes per item to allow everyone an opportunity to speak. At thediscretion of the Chair, ten or more persons present at the meeting and wishing to speak mayappoint a representative who may have no more than fifteen minutes to speak.

None


None

7. CONSENT ITEMS

All matters under Consent Agenda are considered by the City Council to be routine and willbe enacted by one motion approving the recommendations listed on the agenda. Unlessotherwise indicated, expenditures approved by Council are budgeted items.

A. Consideration of Appointment and Agreement for Services: Interim City Manager.

Moved by Councilmember Scott Overton, seconded by Councilmember Charlie Odegaard

to appoint Barbara Goodrich as the Interim City Manager effective February 12, 2018, forthe City of Flagstaff for an appointment extending up to eight (8) months and approve herAgreement for Services.


Flagstaff Regular City Council Meeting March 6, 2018 2

8. ROUTINE ITEMS

A. Consideration and Adoption of Resolution No. 2018-12: A resolution of the City Councilof the City of Flagstaff, Arizona approving the award to Rural Community AssistanceCorporation and approving the transfer of the Economic Development AdministrationRevolving Loan Fund (EDA RLF).

Business Expansion and Retention Manager John Saltonstall gave a brief PowerPoint

presentation that addressed:

ECONOMIC DEVELOPMENT ADMINISTRATION REVOLVING LOAN FUNDHISTORY OF THE FUND

Grants and Contracts Manager Stacey Brechler-Knaggs continued the presentation:

CURRENT STATUSBID RESULTS

Ms. Brechler-Knaggs said that in 2011 the Northern Arizona Council of Governments(NACOG) approached the City to see if they would accept the loan and nothing had beendone with it to that date. She said that the City did not have the knowledge to operate thefund. The process to get the EDA to transfer to the City and the loan stood dormant. Therewere no responses to the original Request for Qualifications and they are now at this pointagain in the process.

Moved by Councilmember Scott Overton, seconded by Councilmember CharlieOdegaard to read Resolution No. 2018-12 by title only.

Vote: 7 - 0 - Unanimously A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FLAGSTAFF, ARIZONA

APPROVING THE AWARD TO RURAL COMMUNITY ASSISTANCE CORPORATION ANDAPPROVING THE TRANSFER OF THE ECONOMIC DEVELOPMENT ADMINISTRATIONREVOLVING LOAN FUND TO RURAL COMMUNITY ASSISTANCE CORPORATION

Moved by Councilmember Jim McCarthy, seconded by Vice Mayor Jamie Whelan to adoptResolution No. 2018-12.


B. Consideration and Adoption of Resolution No. 2018-14: A resolution of the City Councilof the City of Flagstaff authorizing signatures for checks and payment vouchers (Authorityto Sign Checks)

Finance Director Brandi Suda said that in the past the banks would require a resolution

identifying who the signers for the City would be, but that requirement has gone away.Because of that, and due to recent changes in administration, it was time to designate newsigners so staff had brought forward two options for Council's consideration--one was tocontinue to name staff in the resolution and the other was to allow the City Treasurer tomake the appointments.


Moved by Councilmember Jim McCarthy, to read Resolution No. 2018-14 by title only, withthe change that the resolution include a notification provision to City Council within two weeksof a change.

Vote: 7 - 0 - Unanimously A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FLAGSTAFF AUTHORIZING

SIGNATURES FOR CHECKS AND PAYMENT VOUCHERS, REPEALING PRIORRESOLUTION, AND ESTABLISHING AN EFFECTIVE DATE

Moved by Councilmember Charlie Odegaard, seconded by Vice Mayor JamieWhelan adopt Resolution No. 2018-14 as amended.


C. Consideration of Audited Financial Reports: Year ending June 30, 2017 and reissuedsingle audit report for the year ending June 30, 2016

Ms. Suda said that all of the audits went well. They did have to reissue the 2016 Audit

Report due to a misrepresentation of a grant. She said that they discovered the error whiledoing the 2017 audits. The audit committee met and approved all of the reports. Shethanked the Management Services staff, especially Bob Norton and his team. It was alsonoted that Councilmember Odegaard sits on the Audit Committee.

Moved by Councilmember Charlie Odegaard, seconded by Councilmember JimMcCarthy to approve the FY 2017 Comprehensive Annual Financial Report, the FY 2017Single Audit Report and reissued FY2016 Single Audit Report


D. Consideration of Resolution No. 2018-16: A resolution of the Flagstaff City Council Callingfor the Federal Government to Adequately Fund National Parks.

Assistant to the City Manager Caleb Blaschke briefly reviewed this item, noting that it has

been discussed previously by Council.

Moved by Councilmember Jim McCarthy, seconded by Councilmember Eva Putzova toread Resolution No. 2018-16 by title only.

Vote: 7 - 0 - Unanimously A RESOLUTION OF THE FLAGSTAFF CITY COUNCIL CALLING FOR THE FEDERAL

GOVERNMENT TO ADEQUATELY FUND NATIONAL PARKS

Moved by Councilmember Jim McCarthy, seconded by Councilmember Eva Putzova toadopt Resolution No. 2018-16.



E. Ratification of Memorandum of Understanding (MOU): For a Potential Renewable EnergyProject with the Hopi Tribe and Hopi Tribe Land.

Sustainability Manager Nicole Woodman said that in an effort to achieve City Council's

goal to transition to 100% renewable energy for all City government operations, staff havebeen working to identify innovative strategies and solutions to achieve this goal. There arelimited cost-effective options for the City to consider, given the challenging renewableenergy landscape in Arizona. In response to this challenge, staff have been collaborating oninnovative solutions to advance the Council’s goal. The first collaborative between companies, public entities, and Arizona Public Service (APS)convened by Advanced Energy Economy, a non-profit organization. The collaborative hasbeen meeting monthly since July 2017 to identify potential solutions in meeting APS'customer's renewable energy and carbon reduction goals, while being sensitive to APS’electric system needs and challenges. The second is a partnership with the Hopi Tribe Economic Development Corporation toexplore the development of a renewable energy project on Hopi lands that could assist bothagencies in achieving independent goals. Both agencies have agreed to a Memorandum ofUnderstanding to pursue this partnership.

Moved by Councilmember Eva Putzova, seconded by Vice Mayor Jamie Whelan to ratify theMemorandum of Understanding with the Hopi Tribe for a Potential Renewable Energy Projecton Hopi Tribal Land.


RECESS

The 4:30 p.m. portion of the Regular Meeting of March 6, 2018, adjourned at 5:04 p.m.

6:00 P.M. MEETING

RECONVENE

Mayor Evans reconvened the Regular Meeting of March 6, 2018, at 6:01 p.m.





PRESENT:


ABSENT:

NONE


10. PUBLIC PARTICIPATION The following individuals addressed Council:

Dr. John de Graaf, Seattle, Washington, thanked the Council for their proclamationsupporting the national campaign of "And Beauty for All."

The following individuals addressed the Council with concerns related to the County's JailPolicy pertaining to immigration and ICE detainers.

•Sarah Wilce•Michele James•Marcus Ford•Sandra Lubarsky•David McKell


None

12. PUBLIC HEARING ITEMS

A. Public Hearing, Consideration and Possible Adoption of Ordinance No. 2018- 13: Anordinance of the City Council of the City of Flagstaff amending the Flagstaff Zoning Map torezone approximately 18.11 acres of real property generally located at 1801 S Milton Roadfrom the Rural Residential (RR) and Public Facility (PF) zones to the Highway Commercial(HC) zone for the development of a mixed-use project. (Mill Town Direct to OrdinanceZoning Map Amendment)

Mayor Evans opened the Public Hearing.

Current Planning Manager Tiffany Antol gave a PowerPoint presentation which addressed:

MILL TOWN MIXED-USE

She said that the applicant, Vintage Partners, is requesting rezoning approval ofapproximately 18.11 acres at 1801 S Milton Road from the Rural Residential and PublicFacilities zones to the Highway Commercial zone with the Resource Protection Overlay topermit a mixed-use development consisting of 48,400 square feet of commercial


permit a mixed-use development consisting of 48,400 square feet of commercialdevelopment in conjunction with a 340-unit, 1,221-bed Rooming and Boarding Facility,referred to as “Mill Town”.

Surrounding development includes the Burger King and Montessori School to the northunder the Highway Commercial zone; the Greentree Shopping Center to the east under theHighway Commercial zone; the Baymont Inn & Suites to the south under the HighwayCommercial zone; and the Woodlands Village Apartments to the west under the HighDensity Residential zone.

The Zoning Map Amendment request was heard by the Planning & Zoning Commission intwo separate public hearings on February 14 and February 28, 2018. At their February 28hearing the Planning & Zoning Commission unanimously recommended forwarding thisrequest to the City Council for approval with conditions.

The Direct to Ordinance Zoning Map Amendment was accompanied with a Conditional UsePermit to allow for a Rooming and Board facility and to allow additional Building Height aswell as a Preliminary Plat that will dedicate the future right-of-way for the Beulah Boulevardextension and the University Avenue realignments. The preliminary plat will be presented toCouncil on March 20th in conjunction with the 2nd read of the Direct to Ordinance ZoningMap Amendment and associated Development Agreement.

The Direct to Ordinance Zoning Map Amendment process enables an applicant to submitfully developed site plans with all supporting information required for Site Plan Review andApproval concurrently with the Zoning Map Amendment application. Once the Zoning Mapamendment is approved by the Council, then the applicant may proceed directly toconstruction and building permit review and no additional site plan review is required. However, if the Council adds conditions of approval that require substantial amendments tothe site plan, as determined by the Director, then a revised application shall be submitted forSite Plan review and approval. The Inter-Department Staff approved a site for the Mill Townproject on February 7, 2018 contingent upon the approval of the Zoning Map Amendment.

MILL TOWN MIXED-USE SITE PLAN

The Direct to Ordinance Zoning Map Amendment process enables an applicant to submitfully developed site plans with all supporting information required for Site Plan Review andApproval concurrently with the Zoning Map Amendment application. Once the Zoning Mapamendment is approved by the Council, then the applicant may proceed directly toconstruction and building permit review and no additional site plan review is required. However, if the Council adds conditions of approval that require substantial amendments tothe site plan, as determined by the Director, then a revised application shall be submitted forSite Plan review and approval. The Inter-Department Staff approved a site for the Mill Townproject on February 7, 2018 contingent upon the approval of the Zoning Map Amendment.

The site plan includes the development of two sites, The first and most significant consistsof five and six story vertical, mixed-use building setback approximately 200 feet from MiltonRoad but directly adjacent to Beulah Boulevard and University Avenue. The building isproposed to consist of a 340-unit, 1,221 bed Rooming and Boarding facility which allows theleasing of individual rooms. The commercial portion of this site would have access fromMilton Road and University avenue while the residential portion of the project would beaccessed from Beulah Boulevard.

The second site Lot is designated for approximately 2,500 square feet of single-story


commercial development. The site is designed to have access from both Yale and UniversityAvenue with parking set behind the building. The proposed building is located at theintersection as is preferred by the Zoning Code.

Other components of the overall development include the provision of two tracts. Tract A,located on the western side of Beulah between the mixed-use site and the adjacentapartments, will serve as an open space area for the public with trails and benches. Themajority of resources required to be preserved are located on this tract. Tract B provides fordetention and LID as well as the preservation of additional resources.

Discussion was held on the height of the buildings and number of floors.


In addition to the vertical mixed-use building on the largest site, three stand-alonecommercial pads are proposed that front the Milton Road corridor. The largest retail pad at12,500 square feet is located in the northeastern corner of the lot at the intersection of MiltonRoad and University Avenue. This building is intended to be a small grocery store that willserve the larger neighborhood as well as the residents on site. The other two pads are4,200 square feet each; located on either side of the main entrance from Milton Road. Thepad to the south of this entrance is proposed to be a drive-through retail/restaurant. Thesetwo pads have the appearance of two-story buildings in terms of height but do not havesecondary uses. Surface parking areas are located to the sides of the pads and betweenthe pads and vertical mixed-use building creating an internal “main street”. Parking areasare screened from street view either by natural berms or screen walls with landscaping.


The vertical mixed-use building is primarily five-stories except for the portion of the buildingdirectly above the ground floor retail, which is six stories. The Rooming and Boardingportion of the building consists of 614,500 square feet of housing plus 320,500 square feet ofstructured parking. The commercial portion of the buildings consists of 25,000 square feetwith 26,200 square feet of garage. The commercial portions of this building have a plateheight of 15 feet and a minimum depth of 60 feet as required by code. The total lot coveragefor all buildings is 224,500 square feet or 48% of the lot area. The Highway Commercialzone allows a Floor Area Ratio (FAR) of 3.0. In mixed-use buildings, residential is notincorporated into the total FAR calculations. Structured parking is also not included in thetotal FAR calculations. Including all components of this development, commercial,residential and structured parking the FAR falls just under 3.0. The proposed residentialgross density for this project is approximately 19 units per acre based on the overall site of18.11 acres.

The proposed residential net density for this project is approximately 34 units per acre basedon the size of Lot 1 at 10.10 acres. The mixed-use building wraps around an internal parkingstructure that is used for both residential and commercial uses. The building then breaks outinto a series of wings that wrap around internal courtyards, which provide private open spaceareas for the residents.

TRANSPORTATION IMPROVEMENTS

Ms. Antol continued, stating that the primary factor driving this Direct to Ordinance ZoningMap Amendment request is the City’s goal to realign University Avenue and extend BeulahBoulevard north to the future intersection of Beulah/Yale/University. The realignment of


University Avenue will streamline and consolidate traffic flow to and from the NorthernArizona University (NAU) campus across Milton Road. This realignment will also improvethe intersection of Milton Road and University Avenue, which is known to have one of thehighest accident rates in Flagstaff. The extension of Beulah provides an important link andalternative option for north/south travel other than Milton Road. It is the City’s desire that theroadways and all related infrastructure in the right-of-way will set the example of qualitytransportation improvements.

These transportation improvements will increase regional connectivity for this area, improvesafety, and facilitate development and activation of under-utilized parcels. The City hiredKimley Horn to prepare the Beulah-University Alignment Study, dated November 2015, toprovide alignment alternatives and roadway cross-sections for Beulah Boulevard andUniversity Avenue and prepare a Regional Traffic Impact Analysis to identify the regionaltransportation impacts caused by the transportation improvements without the added impactof the proposed project. The road alignment selected avoids significant cuts into the existingtopography and creates parcels with better street connectivity. The City is requiring the dedication of the right-of-way for current and future roadway widths,knowing that the immediate roadway needs will be less than the full right-of-way width. Toassure that the correct areas are dedicated for right-of-way, the applicant has prepared a30% design level of plan for the transportation improvements. These plans have helped torefine the expectations of each party as to responsibility for improvement costs. Becausethis project is part of a larger P3 project, traffic and circulation are addressed in two ways. First, the City is responsible for providing the realignment and extension of the roadwaysalong with the other improvements within the right-of-way. Second, Vintage is responsiblefor their immediate site access requirements into the proposed development. TheDevelopment Agreement affiliated with this project identifies the specific components of thetransportation improvements, as well as responsible parties.

FLAGSTAFF REGIONAL PLAN 2030

She said that the Regional Plan’s (The “Plan”) Future Growth Illustration on Maps 21 and 22and the text of the Plan provide supplemental information for the interpretation of goals andpolicies. In case of any conflict between the Future Growth Illustration and the Plan’s goalsand policies, the goals and policies will prevail. The Future Growth Illustration has two typesof land use designations: “Area Types” describe the place-making context of Urban,Suburban, Rural, or Employment, and “Place Types” such as activity centers, corridors, andneighborhoods provide the framework for the density, intensities, and mix of uses within thearea types. The subject property falls within a Neighborhood Suburban Activity Center thatis currently being considered for a Regional Plan amendment, in conjunction with theadoption of the High Occupancy Housing Plan, to a Regional Suburban Activity Center. Neighborhood Suburban Activity Centers are mixed-use centers at intersections ofcirculation corridors and access roads with access to surrounding neighborhoods providinglocal goods and services and public spaces accessible to transit and the FUTS. SuburbanActivity Centers call for a density range of greater than 6 units per acre for mixed-useprojects. The mix of uses within the commercial core should include services, offices, retail,restaurant, residential mixed-use and public spaces. Neighborhood commercial is intendedfor all commercial retail and service uses that meet consumer demands for frequentlyneeded goods and services, with an emphasis on serving the surrounding residentialneighborhoods. These areas are typically anchored by a grocery store, with supportingretail and service establishments. Transportation features of a Suburban Activity Centerinclude easy-to-access parking available via shared lots, shared parking structures, lots and


on-street parking with pedestrian paths through and around parking areas. Transit stopsshould be available. Suburban block sizes may be larger than urban areas but must havehighly connected bike and pedestrian infrastructure across the block and not solely aroundthe block edges.

SUPPORTING POINTS •The property is considered redevelopment, is within the Urban Growth Boundary, and canbe efficiently and effectively provide with facilities and services by the City.•The project will complete regional transportation system improvements that serve otherareas in the City.•The project will provide open space amenities and extension of the FUTS in addition to apedestrian underpass across Milton Road.•Adding high density residential to an Activity Center where the character is currently lowintensity commercial.•Mill Town is a centrally located project with convenient access to many required resources,including transit.

NON-SUPPORTING POINTS

•Residential or office uses over the commercial buildings fronting the Milton Road corridor.•The project does not include employment type uses within this Activity Center.•The project does not provide affordable housing or a mix of housing types.

TRAFFIC IMPACT ANALYSIS (TIA) •Beulah-University Alignment Study, prepared by Kimley Horn on behalf of the City, includeda Regional Traffic Impact Analysis of the proposed transportation improvements – 20 yearhorizon.•Vintage prepared a TIA for the proposed development of the site. TIA was reviewed andapproved by the City and ADOT – 5 year horizon.•The proposed transportation improvements off set most of the traffic impacts affiliated withthe Mill Town development.•Other planned transportation improvements in the general vicinity help to alleviate regionaltransportation issues as well.

PEDESTRIAN/BICYCLE

The Mill Town project includes enhanced pedestrian and bicycle facilities to connect with theNAU campus. The most prominent of these is an underpass tunnel on the north leg of MiltonRoad to completely separate pedestrians and bicyclists from Milton Road traffic. FUTSshared-use pathways (essential a 10-wide sidewalk) are designated along the north side ofUniversity Avenue/Drive and the west side of Beulah Boulevard. Eight foot sidewalk isprovided on the east side of Beulah Boulevard from University to Forrest Meadows. Theproject also provides a pedestrian connection through the site from the southwestern corneralong the adjacent parcel into the commercial of the mixed-use project. The sidewalk alongMilton adjacent to Mill Town will also be eight feet wide. Both University Avenue and Beulahboulevard will include on-street bike lanes within the project area.

TRANSIT

The City, Vintage, and Northern Arizona Intergovernmental Public Transportation Authority’s(NAIPTA) are working together to support the permanent transit system and future high


frequency transit line to be operated on the extension of Beulah Boulevard and therealignment of University Avenue. The proposed transportation improvements have sufficientright-of-way to allow transit-only lanes or transit route prioritization on both Beulah Boulevardand University Avenue. Transit-only lanes work to support high frequency service byprioritizing transit over all other vehicular traffic and allowing transit to utilize the travel lanefor stops as pullouts tend to cause delays for transit service. City-wide planning efforts areunderway to incorporate high frequency transit into the overall transportation networks. ADOT is leading an effort on the first of these studies, the Milton Road Corridor Study.Transit-only lanes remain an option within the transportation improvements and will continueto be discussed and refined as the project progresses.

Discussion was held on the transit lanes. Ms. Antol explained that there is ample right-of-wayto include them if and when the funding becomes available and studies support them.

Vice Mayor Whelan said that when she heard Mr. Meilbeck speaking previously, hesuggested that it would be best to put them in at the beginning of the project, and she askedwhy that was not being considered. Ms. Antol said that they were only at 30% design plans,but adding at the incepetion of the road would be dependent upon funding. She said thatthey will continue to work with NAIPTA to find the best ways possible.

WATER AND SEWER IMPACT ANALYSIS •New water and sewer infrastructure will be constructed as part of the transportationimprovements.•Water services is contributing $300,000 for the upsizing a sewer main as part of thetransportation improvements.

STORMWATER ANALYSIS - DEVELOPMENT

•Consists of both detention and retention•Impervious surface areas will route runoff to landscaped areas and subsurface collectionsystems.•Discharge from the containment system will be through low flow outlets designed to slowdischarge for a 24 to 36 hour drain time.

STORMWATER ANALYSIS - TRANSPORTATION •Includes routing of impervious roadway surfaces to subsurface drainage systems that splitthe roadway project between two watersheds.•Discharge from the eastern half of the property is directed to the existing detention facilitybehind Target.•Discharge from the western portion of the property is directed to an existing detention facilitythat will require an expansion.

ZONING CODE

Landscaping plans are not required in conjunction with a Direct to Ordinance Zoning MapAmendment. The landscaping design for this project includes a combination of urban andsuburban landscaping to develop specific character areas within the development. A finallandscape plan will be reviewed at the time of civil plan submittal. The subject property islocated within Lighting Zone II and is allowed a total of 50,000 lumens per acre. Lightingallowances were based on the resultant parcels and not the total gross acreage. The


applicant has worked to ensure that the site exceeds the City’s outdoor lighting standards. Alighting plan was reviewed in conjunction with the site plan and will be reviewed forcompliance again at the time of building permit submittal.

Commercial parking is provided in a surface parking lot along the internal drive within the MillTown mixed-use project and within the parking garage at the center of the mixed-usebuilding. Parking is provided in conjunction with the requirements in the Zoning Code. All ofthe residential parking is contained within the parking garage. The applicant has provided aparking demand study for the Rooming and Boarding Facility. The Zoning Code requires aminimum of one parking space per bedroom, plus one space per owner or manager within aRooming and Boarding Facility. In this case that would require no less than 1,221 parkingspaces with a few spaces for on-site managers in combination with the required commercialparking spaces. The City of Flagstaff Transportation Engineering Program performed astudy of student housing related projects in Flagstaff, a copy of which is attached to thisreport, that are known to be occupied with large number of students. The study determinedthat the actual parking need for these types of facilities averaged about 0.77 parking spacesper bed. The site plan has been approved with a parking rate of 0.79 parking spaces perbedroom (a total of 965 spaces for 1,221 beds).

NATURAL RESOURCE PROTECTION PLAN

This is the Natural Resource Protection Plan for the subject property. Just over 30% of thetree resources are preserved excluding the trees removed as part of the transportationimprovements. The majority of resources are preserved on an approximately 1.8 acres tractset aside as public open space. This open space tract buffers the residential property to thewest.

Compatibility as defined in the Zoning Code does not mean “the same as” but rather it refersto how well a new development is sensitive to the character of existing development. TheZoning Code breaks down compatibility into three categories: Patterns of Development,Scale, and Continuity. Patterns of Development includes streetscapes, site relationships, signage, and landscapefeatures. The primary streetscape of the subject property is Milton Road. Suburbanlandscaping and setbacks standards have been applied to this frontage with increasedsidewalks widths, pedestrian connectivity, buildings moved closer to the street withaccessible civic spaces. The streetscape is enhanced, but remains consistent with thesurrounding area.

Scale refers to similar or harmonious proportions, overall height and width, the visualintensity of the development, and the building massing. The proposed mixed-use building issignificantly larger than the existing buildings surrounding the site. A Conditional Use Permitwas requested to exceed the maximum height of the Highway Commercial (HC) zone for theportion of the building that fronts Milton Road. The building has been setback from MiltonRoad so that it will not dominate over the existing buildings. The proposed building has bothvertical and horizontal articulation in accordance with the Zoning Code to ensure thattraditional proportions can be observed. The building form is broken horizontally andvertically to make the building appear smaller or rather made up of several differentbuildings.

Continuity encompasses patterns of development and scale, but also site development,building forms, texture, materials, details, and colors. The proposed mixed-use building hassteeply pitched roofs that provide variation in the building forms. The site plan includes veryhigh quality materials for the building such as stone and timber. The buildings are


comprised of materials and colors that are compatible with Flagstaff characteristics.

BUILDING HEIGHT

The height of a structure is measured in two different ways per Division 10-50.30 of theZoning Code (p. 50.30-1). The first is the Building Height Plane, which is an imaginary planethat runs parallel to the natural grade measured vertically at the maximum height allowed inthe zone. The second is the Overall Building Height, which is measured vertically from thenatural grade or finished grade adjacent to the building exterior to the highest point of thehighest pitched roof, whichever yields the greatest height. Overall building height cannotexceed the Building Height Plane except that chimneys, stair and elevator towers,mechanical equipment and steeples, towers and other unoccupied architectural featuresprovided that such features may extend a maximum of twenty-percent above the buildingheight plane allowed for the zone with the limitation that the total area covered by suchelements does not exceed twenty-percent of the roof area of the building.

The proposed zoning district for the site is Highway Commercial (HC), which has a maximumbuilding height allowance of 60 feet. Primary buildings with a roof pitch of 6:12 are allowedan additional five-feet above the maximum building height, which in this case would be 65feet. Twenty percent of the height plane for this project is 13-feet, which allows thearchitectural features to go as high as 78-feet with the Highway Commercial (HC) zoningdistrict.

The Zoning Code also allows Minor Modifications to Development Standards. The height ofa structure may be increased up to 5 percent or 2 feet, whichever is greater, through anadministrative application. The Zoning Code identifies the maximum height in the HighwayCommercial (HC) zone as 60-feet with an endnote that states “Conditional Use Permitrequired for structures over 60’ in height.” The request for additional height is not a variancerequest. The purpose of a Conditional Use permit is to provide a process for reviewing usesand activities (or in this case building height) that are permitted in the applicable zone, butthat require more discretionary review and possible imposition of conditions to mitigate theeffects of the proposed use. Essentially, the Zoning Code allows taller buildings in the rightlocation under the right set of circumstances. Further discussion was held on the building height. Councilmember Barotz asked how manyinstances there were that staff administratively approved going above the permitted height.Ms. Antol said that staff did not approve those in this case; they were all included in the CUPapproval.

Discussion was held on the public space depicted in Tract A. Ms. Antol said that the parcelwas included in the zoning amendment because of the existing parcel lines. While it will berezoned, it is conditioned based on this site plan. If someone bought the property in thefuture, they would have to live by the approval of the site plan, and if not they would have tocome back to amend. She said that the public space would be available to members of thepublic, similar to a civic space. It would have picnic areas and trails could be used by thepublic, similar to a pocket park space.

Councilmember Putzova asked if someone could be removed from the open space areasince it was privately owned. Ms. Antol said that the internal courtyards are intended to bethe private area, just for residents, but this would not be a publicly-dedicated park. Mr.Solomon said that it is dependent on who owns the property. Mayor Evans said that the Citywould not assume it at this time because there is a policy that the City does not assumeresponsibility of parks less than two acres in size.


Councilmember McCarthy asked if the Highway Commercial zoning had a maximum length.Ms. Antol replied that it did not.

Brief discussion was held on the $150,000 being paid by the City referenced in theDevelopment Agreement. Ms. Antol said that it may be best to ask that of the applicant.Mr. Landsiedel said that in looking at the Agreement, it says that it was paid, but he does notbelieve it has been paid.

Mayor Evans asked if the bus passes for students was just for the first year. Ms. Antol saidthat NAIPTA is currently working with the university to establish a U Pass which gives a buspass for the entire system to every student free of charge. This U Pass will be rolled intotheir tuition fees. The bus passes would be made available until such time as the U Pass isestablished.

DEVELOPMENT AGREEMENT DEAL POINTS

•Provides for the sequence of approvals necessary for the project. •Allows for the extended time frames – 3 years for preliminary plat, 5 years for the CUP andZoning Map Amendment.•Establishes maximum unit count of 340 or 1221 beds.•Provides for the dedication of right-of-way and easements, allows for the exchange of theremnant University Avenue piece, and allows for minor changes to the right-of-way.•Establishes the procurement of the transportation improvements project and the underpasswhich will all be constructed by Vintage.•Provides for two funding phases of the road and underpass project•Includes the City’s budget for the road project and recognizes that overages in relation tothe project will be the responsibility of the City. •Includes Vintage’s budget for the underpass, recognizes that overages in relation to theunderpass will be the responsibility of Vintage minus the City’s $250,000 contribution. Vintage will also provide funds for twenty years of operation and maintenance of theunderpass.•Acknowledges the City sewer line project as part of the road improvements, estimated at$300,000.•Provides for a payment of $150,000 to Vintage to account for the lot assessment incurred inmoving the Harkins.•Establishes performance obligations and timeframes for construction.•Acknowledges Vintage’s responsibility to complete the Milton turn lane into the Mill Townsite as well as frontage improvements along Milton Road.•Provision of bus passes for residents

RECOMMENDATION

The Planning and Zoning Commission unanimously approved forwarding the Direct toOrdinance Zoning Map Amendment request to the City Council with a recommendation forapproval subject to conditions of approval: 1.The subject property must be developed in accordance with the approved site plan andconditions of approval dated February 6, 2018. Modifications (other than minormodifications) to the approved site plan will require an amendment to this Direct toOrdinance Zoning Map Amendment request.2.All other requirements of the Zoning Code and other City Codes, ordinances andregulations, shall be met by the proposed development.


3.A materials management plan shall be prepared for the Mill Town project to be submittedin conjunction with building permits to enhance optimum waste management optionsincluding recycling. The mixed-use vertical building shall include chutes for both generalwaste and recycling materials.4. Applicant must install, at their expense, the pedestrian underpass across Milton Road, withfinancial contributions from the City of Flagstaff as stated in the Development Agreement.Improvements must be designed to ADOT standards and installed in conjunction with thetransportation improvements and prior to the occupancy of the mixed-use building.5. All terms, conditions and restrictions detailed with the "Mill Town DevelopmentAgreement" must be fully satisfied.6. If the applicant fails to obtain final plat approval for Mill Town, or obtain an extension ofzoning within five (5) years of the effective date of the rezoning ordinance, the City Councilmay take action to revert the zoning back to the former classification of Rural Residential(RR) and Public Facility (PF), per Section 10-20.50.060 of the Zoning Code. Councilmember Putzova said that a few weeks ago Council heard about the high number ofcalls coming from the high occupancy housing (HOH) student projects. She asked if therehave been any conversations with the Fire and Police departments to mitigate the impact ofsuch a large project. Ms. Antol replied that the Fire Department is part of the IDS (InterDivision Staff) committee that reviews site plans and this site was also forwarded to thePolice Department. She said that it is a condition of the Conditional Use Permit that theyparticipate in the Multihousing Crime Prevention Program. The sites that do participate inthat program tend to have fewer calls. She said that the conclusion from the Fire Departmentwas that they could serve. She also added the such developments also pay into Fire andPolice Impact Fees.

Councilmember Odegaard asked if there was any plan of the development having their ownsecurity later in the process, or if not, it it was something they could add as a condition to thezoning amendment. Ms. Antol said that it was a question they may want to ask the applicant,but she did believe that it could be made a condition. Councilmember Barotz said that herrecollection of budget discussions around public safety is very troubling. Her sense is thatthere is going to be a big impact from such a development.

Councilmember McCarthy said that based on the call rates they have been told in the past,he would anticipate 600 police calls per year for this new building. Interim Deputy CityManager said that based on calls at the Grove, they average .43 calls per bed at the Grove.

Councilmember Barotz asked Ms. Antol to share with the Council her recollection of thefindings made by the Planning and Zoning Commission. Ms. Antol said that they did not gothrough the findings. They each said the strengths and components of the case. She doesnot have that available but could synopsize that for the Council. Councilmember Barotz saidthat she would let her know if she needs that information.

Mayor Evans notified those in the audience that they would be taking a break after theapplicant gives their presentation, and then they would take public input.

Carolyn Oberholster, attorney representing the applicant, gave a PowerPoint presentation:

MILL TOWN MIXED USE

Ms. Obertholster said that this project is the result of many years of work with the City ofFlagstaff and Arizona Department of Transportation. She said that it has required a greatdeal of work before even getting to the zoning case because it is part of the Public/Private


deal of work before even getting to the zoning case because it is part of the Public/PrivatePartnership (P3).

P3 - PUBLIC/PRIVATE PARTNERSHIPStructure:1) Purchased Harkins Theater Site2) Harkins Theater Relocation3) Design and construction ADOT facility at redeveloped Harkins site4) Construct Beulah and University

She said that once ADOT moves into the old Harkins, then Vintage becomes the owner ofthis property. She said that it started with 18.1 acres of property, and they are dealing with10 acres of developable land. She said that the State property is designated as PF (PublicFacilities) and every other property is zoned HC (Highway Commercial).

CITY POLICIES1) Regional Plan2) High Occupancy Housing (HOH) Plan3) Resource Protect Plan4) TOD (Transit-Oriented Development)

REGIONAL PLANThe proposal furthers at least 89 policies in the Regional PlanSome are specific to the property; others are more general

REGIONAL PLAN - CIRCULATION MAPMap 25

REGIONAL PLAN - TRANSIT ORIENTED DEVELOPMENTBike LanesTransit LanesUnderpass

Ms. Oberholster said that the Development Agreement spells out that the design of theunderpass has to be in coordination with the City codes. The City does have underpassesand there will be pump components involved. She said that the developer will be contributingtoward the Operation and Maintenance (O&M) of the underpass, but once it is completed itwill become a City underpass.

Discussion was held on the location of the underpass and it was suggested that it may makemore sense to have it located on the same side of University as this development.Mr. Crutchfield said that the FUTS designation is on the other side of the street and theunderpass is not just designed for the students in this development. There are 5,000students on the west side of Milton so they put it where it would line up best with the FUTS.

Councilmember Putzova said that the students from this development could either crossMilton or cross University to use the underpass. She said that she understood the benefit ofthe underpass, but asked what the incentive would be for a student or pedestrian.

Mr. Crutchfield said that they have worked with ADOT because this is their jurisdiction.Preliminarily, ADOT agrees that it will be designed in such a way that there will not be anovergrade crossing, so they will not have the issue they have now. The idea is to have all5,000 of those students, and get all of the multimodal, using the underpass.


URBAN DESIGN

Councilmember Putzova said that they are running into an issue with multifamily housingwhere people are not allowed to place signs in their window. She asked if they have thoughtabout how to make this project accessible to window signs. Ms. Oberholster said that theydid not talk to that and they do not yet have a comprehensive sign plan. That will come at thenext level. Councilmember Putzova said that she hoped they could consider some of thoseconcerns as it is a barrier to civic engagement.

HOH PLAN

RESOURCE PROTECTION OVERLAYOver 33% of the tree resources savedTwo times the required open spaceThree times the required civic space

Discussion was held on whether someone could be asked to leave the public space for anyreason. Ms. Oberholster said that all of the rules that apply to public parks would apply. Mr.Solomon said that if it is dedicated to the public it would be public; it depends on who ownsthe property. Mayor Evans asked Mr. Crutchfield if they would be willing to deed the publicspace to the City; he replied that they would. Comparisons with other tall buildings in the Citywas discussed.

Mr. Crutchfield said that they were voluntarily applying the Resource Protect Plan. They arepaying for land that they are not using. In that sense, they have the expense of Harkins,moving Harkins to the mall and building the new ADOT costs of $20 million before they everhave title to this property. That is the price of the land; far more than it would appraise.

Mr. Crutchfield said that they worked on plans for three years and scrapped it. He sat withCity staff, looked at the Regional Plan 2030 to consider what the best possible design wouldbe. They created density where it is most used and got it out of the southside and othersensitive areas. The issue on the height is aesthetics. He instructed the team to design abuilding that was worthy of being a gateway to the City. As a developer he wanted to deliversomething to the best of his ability that honors the soul and ethos of the City.

He said that they wanted a pitch and eave, striking and beautiful, and only 18% of the totalbuilding is over the height limit. The 93 feet was because that space is connected to a 7,000square foot first-floor restaurant space that would only have access with an elevator. Hewanted to bring in the dark sky aspect to the project. They did that with Timber Sky and it isnow being looked at as a model by the Department of Defense.

He said that this was an opportunity to create a space to tell the story of the Freight Yardafter the battle with Yellow Freight and to do it in a significant way to the top to create views.That is what he was wanting to do, but it is not essential to the overall project. He would taketheir direction from the Council.

Brief history of the project was reviewed and Mayor Evans asked Mr. Crutchfield how muchthe costs have increased int he last six years. Mr. Crutchfield said that they are massive.Mayor Evans asked if this was even a project they would be interested in now. Mr.Crutcfhield said that they entered into a partnership with two partners. The roadwayprojectsw are important to the City and this project brought a transit-oriented design andpushed transit-only lanes. It also ties in with the FUTS trail. He said that if they deliver a


project like this it sets a standard and it has to be completed. He sees the ability to change alot of things and deliver a lot of things. The amount of risk is huge and they are way downthat road. They are trying to work out of that project and deliver the best possible thing theycan while still honoring the partnership.

Councilmember Putzova asked what the rent would be for a one-bedroom. Mr. Crutchfieldsaid that it would be similar to current market, around $700 for a 1 bedroom/1 bath. He saidthat these cannot be restricted to students; he has talked to young professionals who arealso interested in the housing.

Discussion was held on the commercial areas. Mr. Crutchfield said that the total retail will be48,400 square feet. If they went to a Fry's, that would be around 80,000 square feet.

Councilmember Barotz thanked Mr. Crutchfield for his comment about being willing to talk toCouncil about the height issue. She asked why it had to be so big. Mr. Crutchfield said thatas a developer looking at a city, the more beds they put in an appropriate place, the lessbeds go to inappropriate places. If they are trying to protect the southside and otherneighborhoods, providing more beds in this area makes sense. Also, as the private partnerin a P3, where ADOT brings no money to the project the project itself has to generateenough of a return to cover the purchase of the Harkins, the $5 million to redo it, and the fiveyears of $0 rent.

He said that the Harkins is the 9th busiest in the state. It is returning twice the sales taxrevenue of what it was doing. It also provides foot traffic into the auto mall as well as the mallwhich is massively declining. Mayor Evans said that ADOT brought no money to the table,the City brought money through the transportation tax, having to do with the building of theroad, which cannot be built until ADOT is moved. Mr. Crutchfield said that the new ADOTfacility will provide for 72,000 square feet and enable them to bring all of its engineering,test, etc. to one location.

Ms. Oberholster said that when the Conditional Use Permit was discussed, the issueprecedence came up several times. She said that the CUP process requires a very specificand comprehensive set of findings, and that process is not used as precedence, becauseevery case has to stand on its own.

Councilmember Odegaard said that if this project does not go through, ADOT will not moveand the roads will not get built. He asked about the issue of on-site security. Mr. Crutchfieldsaid that five years ago he searched across the country to find the best student housing. Byreputation among planning, councils, surrounding impacts, etc. it came down to a lsit of two,and one of them did not want to come here. The other was Core, but once they got into adiscussion with them, they broke it off, at which point they met with Capstone who had donea good job with Fremont Station. He said that they have looked at the records of how that isgoing, and with bringing in the crime prevention study, they determined that they want to be apart of the crime prevention program and they want on-site security.

Vice Mayor Whelan said that before they take their break she wanted to thank the applicantfor their presentation, and pause from the discussion to point out that the true beginning ofthis project was probably the acquisition of the Fresquez property, and she wanted to givethe family some gratiitude. Mr. Crutchfield said that their plan is to use the beams from theFrequez building in the pergola, to continue to tell that story.

A break was held from 8:47 p.m. to 8:55 p.m.


The following individuals then addressed the Council:

•Tammara Prager, President of the Northern Arizona Association of Realtors•Adam Shimoni•Robert Caskey•Tina Caskey•Charlie Silver•Crystal DeHoag•Marilyn Weissman•Daniel Williamson

Comments received included:

•They recognize that the HOH are overwhelming to the City's skyline•As realtors, they are out there selling the great benefits of the City and know there is acertain charm to having a small-mountain town feel, but they are no longer small•The City has limited land; they can either sprawl or they can grow up•They show houses to nurses, doctors, other professionals that come to interview with W.L.Gore, Flagstaff Medical Center, etc. and they choose not to move here•The hospital, Police Department and Fire Department struggle to keep employees andare forced to move to homes that are less costly.•They need housing units in every market•There are benefits to Mill Town - it will allow Beaulah to connect to University, helping withtraffic and safety with the underpass•The development in its present form is unacceptable•The Council has a unique opportunity to make this development exactly what they want andwhat it should be•The Council has the ability to deny or approve the zoning change•The scale and height is simply too large; they need to reign it in•Concerned with number of calls for Police such a large development will bring•Provide that the housing not be limited to students; perhaps families, affordable housing•Planning and Zoning Commission was required to make a number of findings; they erred innot doing so•Over the years the people in the community have spoken loud and clear that they are nothappy with the large scale•They depend on the Council to be their advocates•Manages the apartments on the corner of University; their main concern is the realignmentas they will no longer be on the corner•They threw out the incumbents; she hopes they are listening to the voters•He is completely in favor of the project •Would encourage other developers to be so generous in preserving and being transparent•There are 13,000 students not on campus; they are driving up the price of rentals•Growth at NAU is not stoppable; they need to relocate the students from sensitiveneighborhoods and provide those single-family homes for other renters•Mill Town begins to take steps to address the needs for student housing•Would it be possible to build it for one-third rent-by-the-room and two-thirds for regularrentals

Councilmember Barotz said that she would like to see these large projects support studentsand also working families.

Councilmember Putzova said that there is a reason why the students are in the


neighborhoods--because the cost of rooms is $700. No matter now many of these are built,students that come here are not wealthy; they have student debt; it is difficult for themtospend $700. That is the part of the conversation that is missing.

Brief discussion was held on the fact that the Conditional Use Permit has already beenapproved, but it was possible to place conditions on the zoning request.

Mayor Evans asked if it was possible to do the transportation improvements without thisproject. Ms. Antol said that the City has $7.35 million for the transportation improvements,What they do not have is the right-of-way necessary for the realignment. Without relocatingADOT, the University extension would not happen; they cannot use eminent domain onADOT.

Mr. Landsieldel added that they also do not have the funding to relocate ADOT.

Mayor Evans asked the President of the Realtors Association if it made sense that if morestudent housing is made available that perhaps the costs of those units would go down.Ms. Prager said that it did, and also the costs of rental homes.

Councilmember Putzova said that there is a reason why this market is not flooded withhousing, because the developers have to make a profit. In order to make this work, theyhave to increase their density.

Mayor Evans said that the Council has had long and numerous budget discussionsregarding how much time, effort, resources go into these developments by the PoliceDepartment. She asked if the developer would be willing to contribute to the salary of anoffice. Mr. Crutchfield replied that the massive amount of taxes coming out of this retail, theconstruction, etc. go into the City of Flagstaff's funds. Also, the Crime Prevention Programshelp alleviate some of the problems they have seen int he past.

Discussion was held on the fact that new tax rolls valuation would take a few years tocoming into the City's fund, but the construction taxes would be realized sooner. It wasnoted that impact fees can only be used for new services and not for operations.

Vice Mayor Whelan asked the developer if he would be willing to assign ten percent of thebeds to patrons of the Front Door program. Mr. Crutchfield said that Vintage is primarilyretail, commercial. Once they brought in Capstone they were listening to them about thecurrent market, what works and what does not. He has heard parents say they would notwant kids living with families, but they would need to do more research.

Mr. Crutchfield said that they did have affordable housing in the plan in the beginning, on theparcel that is now Open Space. He said that he would deliver as many affordable housingunits that his student housing partner would say the pro forma works for, and the financing.He does not have control over all of those pieces.

Vice Mayor Whelan said that if for some reason that idea is not viable, she asked that thedeveloper not put locks on the individual doors and create some workforce housing so shecan make a finding that it is consistent with the General Plan.

She said that is is very hard for those not in the field of architecture to truly appreciate what itwould look like on the street with changes discusses. Her worry is that it would be worsethan imagined. If there was a way to have a conversation about how to negotiate, making ita little more palatable in wrestling with the bulk, mass and scale.


Mr. Crutchfield said that they were right in that the Conditional Use Permit does not have tobe applied to every room, but that is what qualifies them to work in the area of studenthousing. The constraining thing is finances, and whether the project pencils out. At this point,he does not know as that is not what they have modeled. He said that they will do their bestto design it with the comments made in mind, but at some point, it will not be viable.

Councilemmber Putzova said that she would like to see this broken down into smallerbuildings, following the ethos of the HOH plan. Mr. Crutchfield said that they parked this atthe top level of the studies (30%) That requires a massive parking garage and the designwas built to hide the parking.

He said that Mr. Meilbeck would tell the Council that this project is light years ahead ofanything they have seen. He said that they cannot have meetings about climate change, etc.without getting cars off the road.

Mayor Evans said that she was not looking for a completely new project; just some tweaks toaddress the concerns discussed.

Moved by Mayor Coral J. Evans, seconded by Vice Mayor Jamie Whelan to continue thePublic Hearing for Mill Town to the March 20, 2018, Council Meeting and postpone firstreading of the ordinance to that same date.

Vote: 7 - 0 - Unanimously It was noted that item 13-A had a public notice published for the March 6, 2018, meeting so

they would need to continue that meeting to a date certain.

Moved by Councilmember Jim McCarthy, seconded by Mayor Coral J. Evans to finish items12-B and 13-D because there was a timing need and move the other items to a future meeting


B. Public Hearing, Consideration and Adoption of Ordinance No. 2018-14: An ordinance ofthe City Council of the City of Flagstaff, amending the Flagstaff City Code, Title 10, the City ofFlagstaff Zoning Code, Chapter 10-50, Supplemental to Zones, Division 10-50.100, SignStandards, Section 10-50.100.100, Sign Districts of Special Designation, providing for repealof conflicting ordinances, severability, and establishing an effective date.

Mayor Evans opened the public hearing.

Zoning Code Manager Brian Kulina briefly reviewed the presentation noting that there werethree districts currently in the City: Flagstaff Central District, Flagstaff Auto Mall District(expanded in 2011) and Flagstaff Mall and Marketplace District (created in 2015). Heexplained that the City does not allow off-premise signage unless there is a district. Thisproposed district is behind Target on University where Northern Arizona University would liketo place an entrance sign. They have tried for close to a year to acquire the property fromConsolidated Investment, but have not been able to, so this would allow them to place it onthe property. It would be build of sandstone, similar to the other NAU entrance signs.

Councilmember McCarthy said that he does not normally approve of these types of signs,However, in this case, the land is next to the university and it made sense.


Mayor Evans closed the public hearing.

Moved by Councilmember Charlie Odegaard, seconded by Councilmember Jim McCarthy toread Ordinance No. 2018-14 by title only for the first time.

Vote: 7 - 0 - Unanimously AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FLAGSTAFF, AMENDING

THE FLAGSTAFF CITY CODE, TITLE 10, THE CITY OF FLAGSTAFF ZONING CODE,CHAPTER 10-50, SUPPLEMENTAL TO ZONES, DIVISION 10-50.100, SIGN STANDARDS,SECTION 10-50.100.100, SIGN DISTRICTS OF SPECIAL DESIGNATION, PROVIDINGFOR REPEAL OF CONFLICTING ORDINANCES, SEVERABILITY, AND ESTABLISHINGAN EFFECTIVE DATE

13. REGULAR AGENDA

A. Consideration and Adoption of Resolution No. 2018-17: A resolution of the City Council ofthe City of Flagstaff, Arizona, approving fees relating to use of the public rights-of-way forsmall wireless facilities, poles and other facilities, providing for severability, and establishingan effective date.

Continued to the March 20, 2018, Council Meeting.

B. Discussion/Action: Current Issues Before Arizona Legislature and Federal Issues. No discussion.

C. Consideration and Approval of the Purchase and Sale Contract:To acquireapproximately 2.09 acres of Property located at the Southwest Corner of Lockett Road andNorth Fanning Drive, Assessor parcel number 108-05-003B, for Affordable Housing.

Continued to March 20, 2018.

D. Approval of the Purchase Agreement: Between the City of Flagstaff and BrinshoreDevelopment LLC, authorizing the sale of City Property for Affordable Housing.

Housing Director Sarah Darr gave a brief PowerPoint on this item.

PURCHASE AND SALE AGREEMENTPUBLIC PROCESSSCATTERED SITE REQUEST FOR PROPOSALCouncil DirectionPurchase and Sale Agreement ProcessPROCUREMENT PROCESSRequest for Proposal Solicitation

3 PROPOSALS RECEIVEDEVALUATION CRITERIAQualificationsProject Design (Proposed)


Benefit to the CommunityDevelopment ScheduleFinancial Experience and Ability to FinanceProperty Transfer

BRINSHORESITE REVIEWTERMS OF PURCHASE AND SALE$2,020,000PAYMENT STRUCTURENEXT STEPS

Ms. Darr said that they were suggesting added language to bring the Lone Tree site planswith the other two for approval and they were agreeable to that.

Devonna McLaughlin, CEO of Housing Solutions, said that they were disappointed that thiswas awarded to Brinshore. She felt it was not the best decision. Brief discussion was held onthe evaluation process. Brinshore representative said that they appreciated being here andhaving this opportunity. She said that she was in the same situation; she does not knowwhat was proposed in the other two. She said that they worked with lthe local communityand service providers to understand the needs of the community.

Councilmember Odegaard asked, now that the low income tax credit deadline is coming up,if they believed they have what they need to get the application in. The representative statedthat she did. She said that the City staff is remarkable and are very proactive in helping toexpedite the process.

Ms. Rubalcava noted that they were proposing some additional language to review andapprove the site plan for all three parcels.

Moved by Councilmember Charlie Odegaard, seconded by Councilmember Jim McCarthy toapprove the Purchase Agreement as amended.



A. Discussion: Concept Zoning

Discussed moved to March 20, 2018.

15. COUNCIL LIAISON REPORTS None


None


17. ADJOURNMENT The Regular Meeting of the Flagstaff City Council held March 6, 2018, adjourned at

11:03 p.m.

__________________________________MAYOR

ATTEST:

___________________________________CITY CLERK

CERTIFICATION

I, ELIZABETH A. BURKE, do hereby certify that I am the City Clerk of the City of Flagstaff, County ofCoconino, State of Arizona, and that the above Minutes are a true and correct summary of the Meeting ofthe Council of the City of Flagstaff held on March 6, 2018. I further certify that the Meeting was duly calledand held and that a quorum was present.

DATED this 3rd day of April, 2018.

_______________________________CITY CLERK


CITY COUNCIL REGULAR MEETINGTUESDAY, MARCH 20, 2018

CITY HALL COUNCIL CHAMBERS211 WEST ASPEN

4:30 P.M. AND 6:00 P.M.

MINUTES

1. CALL TO ORDER Mayor Evans called the Regular Meeting of the Flagstaff City Council held March 20, 2018, to orderat 4:30 p.m.

NOTICE OF OPTION TO RECESS INTO EXECUTIVE SESSION Pursuant to A.R.S. §38-431.02, notice is hereby given to the members of the City Council and to thegeneral public that, at this regular meeting, the City Council may vote to go into executive session,which will not be open to the public, for legal advice and discussion with the City’s attorneys for legaladvice on any item listed on the following agenda, pursuant to A.R.S. §38-431.03(A)(3).



ABSENT:

NONE



The Council and audience recited the Pledge of Allegiance and Councilmember Odegaard read theMission Statement of the City of Flagstaff.

MISSION STATEMENT



A. Consideration and Approval of Minutes: Special Meeting (Executive Session) ofMarch 14, 2018.

Moved By Councilmember Scott Overton, seconded by Councilmember Jim McCarthy to

approve the minutes of Special Meeting (Executive Session) of March 14, 2018. Vote: 7 - 0 - Unanimously


Public Participation enables the public to address the Council about an item that is not on theagenda. Comments relating to items that are on the agenda will be taken at the time that theitem is discussed. If you wish to address the Council at tonight's meeting, please complete acomment card and submit it to the recording clerk as soon as possible. Your name will becalled when it is your turn to speak. You may address the Council up to three timesthroughout the meeting, including comments made during Public Participation. Please limityour remarks to three minutes per item to allow everyone an opportunity to speak. At thediscretion of the Chair, ten or more persons present at the meeting and wishing to speak mayappoint a representative who may have no more than fifteen minutes to speak.

None


None

7. LIQUOR LICENSE PUBLIC HEARINGS Mayor Evans opened the public hearing for both applications.

Sargent Seay introduced both HuHot Mongollian Grill and Flagstaff General Storeapplications. There being no public comment, Mayor Evans closed the public hearing.

Moved By Councilmember Scott Overton, seconded by Councilmember Eva Putzova toforward the applications of HuHot Mongolian Grill and Flagstaff General Store to the Statewith a recommendation of approval.


A. Consideration and Action on Liquor License Application: David White, "HuHotMongolian Grill", 601 E. Piccadilly Dr., Suite 5, Series 12 (restaurant), New License.

B. Consideration and Action on Liquor License Application: Heidi Kruger "FlagstaffGeneral Store", 9 N. Leroux, Series 10 (beer and wine store), New License.


8. ROUTINE ITEMS

A. Consideration and Approval of Contract: AZ Dept of Forestry & Fire Management (DFFM) -Cooperative Fire Rate Agreement (CFRA) 02-0733-18.

Moved By Councilmember Jim McCarthy, seconded by Vice Mayor Jamie Whelan to approve

Agreement CFRA 02-0733-18 with the Arizona Department of Forestry & Fire Management. Vote: 7 - 0 - Unanimously

B. Consideration and Approval of Contract: Third Amendment to P3 Pre-developmentAgreement between the City of Flagstaff, Arizona Department of Transportation and VintagePartners, LLC. (Initial Agreement for the extension of Beulah Blvd., realignment of UniversityAve., and relocation of ADOT facilities).

Mr. Solomon addressed Council stating that the amendment is simply to extend the deadline

to June 30, 2018. There are no other amendments to the Pre-Development Agreement.

Moved By Councilmember Charlie Odegaard, seconded by Vice Mayor JamieWhelan to authorize the City Manager to sign the Third Amendment to the P3 Pre-developmentAgreement to extend the term to June 30, 2018.


C. Consideration and Adoption of Resolution No. 2018-17: A resolution of the City Council ofthe City of Flagstaff, Arizona, approving fees relating to use of the public rights-of-way for smallwireless facilities, poles and other facilities, providing for severability, and establishing aneffective date.

Development Engineer Gary Miller provided a PowerPoint presentation that covered the

following:

WIRELESS FACILITIES WITHIN THE ROW APPLICATION AND USE FEESSMALL WIRELESS FACILITYHISTORYARS SECTION 9-591 ET SEQFEES FOR SWFFEES FOR MONOPOLESWHERE DO THESE FEES GO?

Vice Mayor Whelan stated that the fees charged for one to five sites is $100 each and six to26 sites is $50 each. The rate structure is encouraging more sites because of the cheaperrate. Mr. Miller stated that unfortunately, the fees in the schedule are a direct quote from thestate legislation and there is not ability for adjustment.

Moved By Councilmember Charlie Odegaard, seconded by Councilmember Jim McCarthy toread Resolution No. 2018-17 by title only.

Vote: 5 - 2

NAY: Councilmember Eva Putzova Vice Mayor Jamie Whelan


A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FLAGSTAFF, ARIZONA,

APPROVING FEES RELATING TO USE OF THE PUBLIC RIGHTS-OF-WAY FOR SMALLWIRELESS FACILITIES, POLES AND OTHER FACILITIES, PROVIDING FORSEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE.

Moved By Councilmember Charlie Odegaard, seconded by Councilmember Jim McCarthy toadopt Resolution No. 2018-17.

Vote: 5 - 2

NAY: Councilmember Eva Putzova Vice Mayor Jamie Whelan

RECESS

The 4:30 p.m. portion of the Regular Meeting of March 20, 2018, recessed at 4:43 p.m.

6:00 P.M. MEETING

RECONVENE

Mayor Evans reconvened the Regular Meeting of the Flagstaff City Council held March 20,2018, at 6:00 p.m.




PRESENT:


ABSENT:

NONE



10. PUBLIC PARTICIPATION Marilyn Weissman addressed Council in appreciation for the conversation about

Navajo-Hopi Land Settlement. She encouraged the Council to work with other borderingcities and states to try and resolve the issue. Andy Fernandez addressed Council concerning the format of the City website and theremoval of the public participation section at the end of the meeting.


12. PUBLIC HEARING ITEMS

A. Public Hearing, Consideration and Possible Adoption of Ordinance No. 2018- 13: Anordinance of the City Council of the City of Flagstaff amending the Flagstaff Zoning Map torezone approximately 18.11 acres of real property generally located at 1801 S Milton Roadfrom the Rural Residential (RR) and Public Facility (PF) zones to the Highway Commercial(HC) zone for the development of a mixed-use project. (Mill Town Direct to OrdinanceZoning Map Amendment)

Mayor Evans announced that this will be a continuation of the public hearing from March 6,

2018. Current Planning Manager Tiffany Antol addressed Council stating that after an appeal wasfiled on both Conditional Use Permits (CUP) for building height and rooming and boardingfacility, the applicant withdrew both of their CUPs. The applicant submitted a new site planand while the overall intensity has been reduced, staff needs time to review the revisedsubmittal. Staff should be able to do the review within the next week. The applicant, Walter Crutchfield with Vintage Partners addressed Council. He stated that onMarch 6, 2018 they heard concern about the height of the building, intensities and types ofuses. That evening they began working on a new design that could work with those concernsin mind. They were extremely proud of what was initially submitted and feel that it woulddraw people out of the neighborhoods. They are also good partners and their intention is tolisten and respond to the concerns of the community and they feel the new submittalaccomplishes that. Councilmember Barotz asked if there was any consideration to the impact to the Police andFire Department operations. Mr. Crutchfield stated that they are approaching those issuesthrough the Crime-Free Multi-Family Plan as well as providing onsite security. Architect Daniel Gehman provided an overview of the changes to the project. In the previousdesign, there was approximately 25,000 square feet of retail space and the building was fivestories above the retail. In the new design, the retail was removed and in its place, are 21one-bedroom market style apartments. Approximately 14 units from the southside buildingwere removed to fit the height requirement. The retail pads along Milton remain as does thesurface parking for that retail. He further reviewed the specifics of the changes within thearchitectural drawings. Councilmember McCarthy stated that the building articulates in an out and he feels that it is agood element; it is a big building and that articulation breaks it up a little.


Councilmember Putzova stated that in addition to height, the Council also talked aboutmass. She asked why mass of the building was not considered for alteration in response tothe feedback. Mr. Gehman offered that the removal of an entire story does address massand the ins and outs of the structures help give the illusion of different buildings. The mass isin compliance with the Zoning Code and is highly articulated along University and Beulah.Vintage’s Attorney Carolyn Oberholtzer added that the parking garage is very large and tovisually screen that is challenging, there are only so many ways to break up a garage withoutincreasing surface parking. Mr. Crutchfield stated that they are seeing a trend with seniors being mixed in with studenthousing. There is an effort to take advantage of what seniors bring and place that alongsidestudents. One of the things they are looking at is how to bring other housing uses into theproject. The 21 one-bedroom, one-bathroom units aid in this attempt and can hopefullyattract senior renters. Councilmember Barotz asked how Vintage can commit to include diversity in housing types.Mr. Crutchfield stated that the CUP is key for student housing and by them removing thatelement it will hopefully attract a more diverse population. Ms. Oberholtzer stated that one ofthe elements of the 21 units is their accessibility. There are dedicated entrances that makethem more accessible and a character that appeals to a different resident. Councilmember Barotz asked what the total unit count of the project is. Ms. Oberholtzeroffered that it is 348 doors and is a net reduction of 50 beds. Councilmember Putzova asked if there is going to be reclaimed water brought to the site tobe used. Ms. Oberholtzer indicated no because there is not the infrastructure capacity tohandle it. There is not reclaimed water in the vicinity and the infrastructure is lacking.Councilmember Putzova stated that there is reclaimed water on the NAU campus and askedif there is an opportunity there. Ms. Antol stated that there is a significant amount ofinfrastructure that would be required to pump water up into multi-story buildings and it wouldbe necessary to make sure adequate amounts of water are available. Water ServicesDirector Brad Hill stated that one of the things that needs to be done before taking onadditional High Occupancy Housing is to evaluate the current infrastructure and supply. Thesystem is not set up to do significant amounts of internal water use at high peak demand.Evaluation is needed on what that peak demand would look like and if the water coming in isadequate to accommodate future. NAU is on its own water system and provider so the Citywould not connect into a system other than its own. Councilmember Odegaard asked about the security that is being provided. Mr. Crutchfieldstated that the City has a Crime Free Multi-Family plan that has been put in place and it hasbeen significantly utilized in a way that has cut down on calls and issues. Ms. Oberholtzeradded that the CUP required two stipulations which were to participate in the Crime FreeMulti-Family plan as well as provide a security plan for the project. While the CUPs werewithdrawn, Vintage will include those two stipulations in the Development Agreement. Mayor Evans stated that most multi-family units use the Crime Free Multi-Family plan andshe does not believe that the City requires a multi-family unit to have security plans.Planning Director Dan Folke agreed and stated that he is not sure how many multi-familyunits have a security plan; he has reviewed security plans but generally, there is norequirement and staff encourages the property to participate in the crime free program, it isreally about the management and their response to protecting their property with security.Mr. Folke added that the City does collect police and fire impact fees to maintain the level of


service provided. Vice Mayor Whelan asked how many of the 18.11 acres are zoned Rural Residential.Ms. Antol stated that it is just over nine acres. Vice Mayor Whelan offered thanks to thedeveloper for hearing the community and their willingness to switch things up. This project isanother piece to look at attainable housing and moving different populations in differentareas in the community. She will be in support of the rezone. Mr. Solomon stated that senior housing was brought up and while it has been discussed it isnot included in the Development Agreement. There has been no research on the topic and ifCouncil would like to ask the developer to provide more information the Council has theability to do that. Mr. Crutchfield added that they do not know all the aspects of the senior option but with theone-bedroom, one-bathroom units with a street scape, they are committed to figuring outhow it may be included in the Development Agreement. He would like to see it preserved inperpetuity because things change. Councilmember McCarthy added that when the project is completed it will be a big input intothe City sales tax and that will infuse capital into the budget to assist Police and Fire. The following individuals addressed Council in support of the project:

Rick LopezAdam ShimoniJeff Meilbeck

The following comments were received:

This is a good project but it is not as great as the original design.I would much rather look at a tall building that is spectacular then a small building thatis nothing special.It is great to see the City and Developer working together.I would like to see all residents of the project get a bus pass.The community needs more time to digest, slow the action down just a bit to providetime for review by the public.Appreciative of Vintage’s willingness to work with the community.The project is important to the community.There is benefit to having high occupancy housing near campus.NAIPTA would like to see bus only lanes on University and on Beulah, which issomething that is discussed in the Development Agreement for a later time.NAIPTA is willing to partner financially to do the Beulah bus only lanes right now.

The following individuals addressed Council in opposition of the project:

Marilyn WeissmanCharlie SilverAndy Fernandez


The Council has the ability to create a project they can be happy about.The new design just is not quite there yet.Consider what the Council wants Milton to look like in the future and see if this projectmeets the test.Vintage will be marketing to students and the development will be managed by a


Vintage will be marketing to students and the development will be managed by astudent housing agency even though they are not renting by the room managed.There are issues that come with student housing.The High Occupancy Housing Plan calls for massive buildings like this to be broken upand interact with their surroundings.Review the High Occupancy Housing Plan and evaluate if this project conforms to andreflects the values in the plan.This project does not reflect community valuesThis is no longer a mixed-use project; it should have two separate zones HighwayCommercial on Milton and High Density Housing behind that.The Council should not permit a zoning type that will not be used on the property.It would have been helpful to have a preview of the new site plan.Height has been addressed but nothing regarding the building and its span.There should be a monetary contribution to a City fund for the compensation ofnon-project generated tax dollars to provide public safety services to this project untilthe project is generating tax dollars on its own.The project should address the community need for diversity in housing.The commercial has been removed from the main building, now it appears to be asingle use building. High Density Residential zoning is more appropriate now.City Council has discretionary power now, please make sure the project isrepresentative of the community request.The City keeps changing the zoning for the preference of developers.

The following individuals submitted written comment cards, one in support of the project andone in opposition of the project:

Monica PolingyonmhRyan Richardson

Mayor Evans suggested continuing the public hearing portion to a date certain. She believesthat the Council can go ahead and do a first read tonight if they choose. Councilmember Putzova stated that she does not think the Council should have the firstreading now. Staff and Council has not had a chance to review the new site plan and alsobecause it is a zoning case and findings have to be made. She does not feel that she is ableto make findings tonight without further review. It would be better for everyone to waitanother two weeks to allow everyone time to digest the information and vote on thoughtfulconsiderations. A break was held from 7:20 p.m. through 7:25 p.m. Councilmember McCarthy stated that he appreciates that it is worthwhile to have more timebut the developer has a timeline to work from as well. He is comfortable with the first readtonight because there will be plenty of time until the second read for issues, concerns andchallenges to be worked out. Councilmember Odegaard thanked Vintage for listening to the Council and to the community.This is a project that he would like to vote yes on but he does have concerns with movingforward with a first read tonight because there has not been enough time to review. Councilmember Overton indicated that he was prepared to make the findings at the lastmeeting. There is significant public benefit with this project and all the elements that comewith it. There is always some ebb and flow between first and second reading. This is apublic/private partnership that was complicated early on with a lot of moving parts. The


difficult element along the way was that Council did not have a feel for the final design untilnow. It is admirable that the developer made these changes in such a short amount of timeand maintained the overall community benefit and the elements it needed. As a good faithpartner, it is in the City’s interest to show good faith and move forward with a first read.There will be three weeks to work out final details before the final read. Councilmember McCarthy stated that the new proposal is not much different from the firstand he feels there is a good chance to evaluate the project before final read.

Moved By Councilmember Eva Putzova, seconded by Councilmember Celia Barotz torecess into Executive Session for legal advice.

Vote: 7 - 0 - Unanimously Council recessed into Executive Session at 7:39 p.m. and reconvened into Regular Session

at 7:52 p.m.

Moved By Mayor Coral J. Evans, seconded by Councilmember Charlie Odegaard tocontinue the Public Hearing to April 17, 2018.

Vote: 7 - 0 - Unanimously Moved By Councilmember Jim McCarthy, seconded by Councilmember Scott Overton to

read Ordinance No. 2018-13 by title only for the first time and include amending the date in theenactments to read April 17, 2018.

Vote: 4 - 2

NAY: Councilmember Celia Barotz Councilmember Eva Putzova Other: Councilmember Charlie Odegaard (ABSTAIN)

Mr. Solomon clarified that an abstention vote is a yes vote.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FLAGSTAFF AMENDING THEFLAGSTAFF ZONING MAP TO REZONE APPROXIMATELY 18.11 ACRES OF REALPROPERTY GENERALLY LOCATED AT 1801 S MILTON ROAD FROM THE RURALRESIDENTIAL (RR) AND PUBLIC FACILITY (PF) ZONES TO THE HIGHWAYCOMMERCIAL (HC) ZONE FOR THE DEVELOPMENT OF A MIXED-USE PROJECT.

Councilmember Barotz stated that the reason for her no vote is because she is unable tomake the findings at this time and she is unable to find that the proposed zoning change willnot be detrimental to the public interest, health, safety, convenience or welfare of the city andwill add to the public good as described in the General Plan. She will elaborate in more detailat the second reading. Councilmember Putzova stated that she too, will elaborate on her no vote at the next readbut she needs more time to review the changes. Councilmember Overton thanked staff for their excellent staff summary and the detail thatthey provided. It pulled information from the Regional Plan, the High Occupancy HousingPlan and listed all the pros and cons to the project. He does believe that the pros faroutweigh the detriments.


outweigh the detriments. Mayor Evans stated that the Council will have the final read before them at the meeting onApril 17, 2018. The public hearing has been continued and the public can provide commentsat the April 17, 2018 meeting as well. Councilmember McCarthy asked about the offer from NAIPTA to provide some funding forthe bus only lanes on Beulah now. He asked if that is something that can be included in theprocess now or if it is a separate issue. Community Development Director Mark Landsiedelstated that the offer from NAIPTA is a generous one but there is concern that if the City wereto use those funds it would federalize the project. It is possible to consider options to phaseit in so that threshold is not crossed.

B. Public Hearing: FY 2016 Biennial Development Impact Fee Audit

Mayor Evans opened the public hearing.

Management Services Director Rick Tadder addressed Council stating that a public hearingis required to complete a biennial audit of the City's land use assumptions, infrastructureimprovements plan and development fees. The audit report addresses three exceptions;these exceptions do not show any significant or material weaknesses in the City's collectionof development fees. The first exception is provided to present variances from the adoptedplan’s assumptions in growth projections. This is just a comparison of what was estimatedand what was actually collected. The second exception explains that there was one feecalculation that did not match the adopted plan. In that instance, a refund was issued to thecustomer and a process has been put in place to reduce the chance of it happening again.The third exception states that the City has not budgeted or expended any of the fees thathave been collected on the current plan.

Mr. Tadder explained that there is no action to be taken on the item and the full report isavailable online for viewing.

Councilmember Odegaard asked about the un-expended impact fees that have beencollected and if there is a timeframe for those fees to be used. Mr. Tadder explained that thestatement in the report is simply indicating that the monies have not been spent yet, there isa ten year time frame for the City to expend those funds.

Councilmember Overton stated that the City did not collect the anticipated amount becausegrowth had not kept up with projections. The City is growing but it is still behind in theprojections. It is important that the City not overestimate the projections and how growth iscalculated so there is not a dependence on monies that may not materialize.Mr. Tadder explained that part of the regulations require re-evaluation and staff will becoming to Council next year to do that and make any necessary adjustments.

There being no public comment, Mayor Evans closed the public hearing.

13. REGULAR AGENDA

A. Discussion/Action: Current Issues Before Arizona Legislature and Federal Issues. Assistant to the City Manager Caleb Blaschke introduced Federal Lobbyist Bob Holmes who


was present via telephone. Mr. Blaschke provided a PowerPoint presentation that coveredthe following: FEDERAL LEGISLATIVE TRIP TO WASHINGTON D.C. REPORTFLAGSTAFF REPRESENTATIVESCONGRESSWOMAN MARTHA MCSALLYCONGRESSMAN O’HALLERANCONGRESSMAN GRIJALVASENATOR MCCAINSENATOR FLAKECONGRESSWOMAN SINEMAOFFICE OF MANAGEMENT AND BUDGETHUDAPPOINTMENTS – CANCELLEDWESTERN CAUCUS – CONGRESSMAN GOSARFOLLOW-UPSPECIAL THANKS TO BOB AND ANA – FLAGSTAFF LOBBYISTS

Mayor Evans stated that the weather caused the groups flights to be cancelled on the wayout of Washington D.C. They were able to get a vehicle to drive to Ohio and fly home. Sheoffered thanks to Mr. Blaschke, Deputy City Manager Shane Dille, Executive Assistant toMayor and Council Erin Ulloa and Administrative Specialist Jason Cook for their efforts incoordinating the multiple changes in flights, hotels, and transportation. Mr. Holmes stated that it was a great trip but he was disappointed that there were weatherchallenges. Mr. Holmes left the meeting and Mr. Blaschke introduced State Lobbyist Richard Travis whowas present via telephone and provided an update on state issues. Mr. Travis provided the following update: HB2266 – will not be progressing and will likely become a striker. SCR1034 – INDEPENDENT REDISTRICTING COMMISSION; MEMBERSHIP – passed theSenate and will be considered by the House Government Committee on March 15, 2018. If itpasses the House, the measure will be referred to the ballot. The sticking point appears to bethe population variations. The proposal is to take it from a 10% to 2% variation. Democratsand other groups are trying to keep that at 10%. It is harder to keep rural districts at areasonable size without a variation. It is expected to pass on a party line vote on March 22,2018. BUDGET UPDATE - revenues are increasing better than projected and there is still a lot ofdiscussion about how to make HURF whole. This is making the discussion about theVeterans home easier. Mr. Blaschke added that there will be a more thorough discussion atthe meeting next week. SAFE SCHOOLS PROGRAM – the Governor released a safe schools program. There is stilldiscussion about what to do with gun safety around that proposal. The big sticking point isbackground checks and what to do about the gun show exceptions. Those discussionscontinue and it may be until the end of session to see if a deal can be struck on those. Thetenor and tone and direction on gun issues is completely different than what it has been over


previous sessions. PROP 301 – this will provide 6/10 of one cent to education with almost all going to K-12. Thecurrent tax will expire in 2020. The debate is whether that should be renewed by referringsomething to the ballot or if it is something that can be done by the legislature in a bill. Ifdone by the legislature it would be considered a tax increase and require a ¾ majority vote. Vice Mayor Whelan asked if there is any sense what Governor Ducey is thinking about theHopi Land Settlement. Mr. Travis explained that he does not know but can do some followup with the Governor’s staff. Councilmember Odegaard asked about SB1392 regarding digital goods. Mr. Travisexplained that the bill is not dead but it is very ill and he does not see it going through thissession. There is an ongoing Supreme Court case that is dealing with the issue. Oncecomplete, the legislature will know what they can and cannot do in regard to digital goods.


A. Discussion: Treating e-cigarette/vaping products the same as other tobacco products in theCity Code.

Mr. Solomon addressed Council and stated that the City Code currently provides a smoke

free air requirement for public places. The issue with including vaping is that the code callsout lighting elements and vaping is not lighted. The ask is if Council would like to go forwardand give direction to staff to draft the ordinance to include vaping. The following individuals addressed Council in support of including vaping restrictions in theCity Code:

Nevaen NezAnastacia Dougi


Thank you for considering the use of electronic cigarettes in public places.Exposure to vapors has become a health issue.These products allow the user to inhale aerosol containing nicotine and other harmfulsubstances.Vapor contains formaldehyde which is known to cause cancer.The vapor has been proven to cause asthma and respiratory infections in children andadults.Nicotine is in second hand vapor.People do not want to be exposed to these harmful substances.Second hand vapor has not been proven safe.Some of the flavorings used in e-cigarettes contain harmful substances that causeadverse health effects.E-cigarettes are addictive.

Mr. Solomon explained that there will likely be other products in the future and as long as itproduces smoke that can be inhaled by others it will be now be covered in the code. Councilmember McCarthy stated that he wants to do this; it is a health issue and atechnicality in the Code. The law needs to be clarified so there is no confusion.


A majority of Council was supportive of moving forward with drafting a resolution.

B. Discussion/Direction:Stormwater service charge rate increase to fund capital projects.

Management Services Director Rick Tadder provided a PowerPoint presentation that

covered the following: STORMWATER UTILITY SERVICE CHARGE INCREASEOVERVIEWCOUNCIL DIRECTION Stormwater Manager Chris Kirkendall continued the presentation. STORMWATER PRIORITIESSTORMWATER TOP 10 PRIORITIES Councilmember Putzova asked what source of revenue paid for stormwater projects prior to2007. Utilities Director Brad Hill explained that in 2003 the utility was created and he wouldspeculate that the general fun supported those efforts. Councilmember Odegaard asked if the Wildwood Hills project was going to happen withcurrent funding. Mr. Kirkendall responded absolutely, the project is currently under designand there is every intention to move forward with construction. Mr. Odegaard stated that something different needs to be created if things are to be done ina reasonable time. Mr. Tadder continued. RATE INCREASE SCENARIOSRATE SCENARIOS AND IMPACTS Councilmember Putzova asked if the money collected gets invested for interest rate growth.Mr. Tadder stated that any unspent cash is invested per the City practices. The fund balanceis invested regularly. Councilmember Putzova requested additional information about howthe interest factors into the stormwater rate. Mr. Tadder explained that this information is highlevel, staff did not want to do a full rate analysis until there was direction from Council. REVENUE VS TIMING OF NEEDSTORMWATER RATE SCHEDULETIMELINE FOR AN INCREASE Councilmember Overton asked how this affects the credit manual side of the stormwater fee.Mr. Tadder stated that with the credit manual, users still get the credits that are available andwhen he did the analysis he did a basic analysis of the ERUs that are billed out monthlywhich included credits. Mr. Kirkendall added that the credit manual works on percentagesbased on what mitigation is being used on a site. If today’s code is met there is a 20%discount. Councilmember Putzova asked what the strategy is to deal with the cash flow issue at yearseight and above. Mr. Tadder stated that he would look at a minimum rate of 14 years at$2.30. The reason for that is as the City goes forward to a point where it needs matchmoney for a project the Council can decide at that time if there is another option for


money for a project the Council can decide at that time if there is another option forfinancing. Councilmember Odegaard stated that he is not interested right now. He is open to look atwhat it would take to fund some of those projects individually. Rick Lopez addressed Council stating that he is not supportive of a rate increase. Anincrease is especially challenging for Low Income Tax Credit Housing projects; because theyare rent controlled, those fees have to be absorbed by the project, further increasing theircosts. Additionally, the federal government has not provided funding for the Rio de Flag,there is no money forthcoming and the project keeps getting more and more expensive. Mayor Evans stated that there is a problem that needs to be addressed. There is noprojection as to when and if the federal government will fund the Rio de Flag project.Regardless there is a $1 billion problem that the City needs to figure out. If a plan had beendeveloped at the beginning stages, the project could have been done by now at asignificantly less cost. It comes down to how the City is going to raise the money necessaryto address the issue. Mr. Solomon stated that the stormwater fee applies to all capital projects it just so happensthat the Rio de Flag is the first on the list. Mayor Evans stated that they heard in Washington D.C. that the Army Corp of Engineers isworking on completing the 100% design; the frustration is that the design should havealready been done and it will likely take another year for completion. There is also an 80%match required from the City for construction. It is entirely possible that the Army Corpcompletes 100% design and then asks the City for a $36 million match. Councilmember Putzova stated that the stormwater fee is the right strategy to raise funds forstormwater projects. That is the path forward she would like to see. This is a fee forinfrastructure to protect property owners and she would choose the 10 to 12-year option. Councilmember Barotz suggested that the City contact risk management at the Stateregarding participation in the project. The president of the Arizona Board of Regents was notaware of the challenge and she was provided information from the community about what isinvolved. Councilmember McCarthy suggested going with the rate increase associated with the tenyear option. Vice Mayor Whelan agreed that the City needs to move forward with or without the ArmyCorp. She has been in contact with people at NAU and they are interested in comingtogether with NAU engineers and be involved with project design. She would suggest goingwith the ten year amount right now and maybe down the road supplement the fund withsomething else. There are people in the community that want to help move this forward; it istime they are invited to do so. Mr. Solomon again stated that the fee options include the all stormwater projects. Councilmember Overton stated that the Rio de Flag is the priority in the current program andit will suck up a majority of the revenue stream. It is a $36 million ask of the communitywithout voter approval. The community is not always welcome of a fee increase such as thisand he thinks there will be a lot of push back from the public. He stated that he has never


seen Council adopt fees like this regardless of importance. These are the steepestincreases that Council has tried to push through. Councilmember Barotz asked if Council could go to the voters for a stormwater fee.Mr. Solomon stated that he would need to do some research on that option. Councilmember Putzova stated that she is not supportive of going to the voters on this. TheCouncil needs to take political responsibility to act and educate the public and explain whythis is an important fee. A majority of Council is in support of moving forward with a potential stormwater servicecharge rate increase to fund capital projects.

Moved By Councilmember Scott Overton, seconded by Councilmember Charlie Odegaard tocontinue the meeting, in accordance with the Rules of Procedure.


15. COUNCIL LIAISON REPORTS Vice Mayor Whelan reported that she is working on a new committee with NACOG regarding

transportation and the Passenger Transportation Study.

Vice Mayor Whelan also headed the Alliance meeting and one piece of concern was theCensus coming up in 2020. Everyone is working together to make sure the count is donewell.


Vice Mayor Whelan requested a FAIR to review and possibly repeal or amend the wildlife

feeding ordinance.

Councilmember Odegaard stated that it is important to have the right amount of public safetypersonnel in the community. He intervened in a fight at a gas station caused by someonebeing intoxicated. The police were called but they waited for quite awhile before an officerarrived. He would like Council to consider this at the upcoming budget retreat.Councilmember McCarthy agreed stating that there needs to be conversation aboutincreasing the number of first responders.

Mayor Evans reported that she did a ride along with Meals on Wheels, they always enjoyguest appearances and it was a fun day. She also had lunch that same day with seniors atthe Peaks; the same meals that were delivered throughout the community are served at thePeaks. It was a great experience and she encouraged Council to check it out.


17. ADJOURNMENT The Regular Meeting of the Flagstaff City Council held on February 20, 2018, adjourned at

9:41 p.m.

__________________________________MAYOR

ATTEST:

___________________________________CITY CLERK

CERTIFICATION

I, ELIZABETH A. BURKE, do hereby certify that I am the City Clerk of the City of Flagstaff, County ofCoconino, State of Arizona, and that the above Minutes are a true and correct summary of the Meeting ofthe Council of the City of Flagstaff held on March 20, 2018. I further certify that the Meeting was dulycalled and held and that a quorum was present.

DATED this 3rd day of April, 2018.

_______________________________CITY CLERK




From: Dylan Lenzen, Zero Waste Coordinator

Date: 03/28/2018


TITLE:Master Recycler Program Update and Recognition

STAFF RECOMMENDED ACTION:Informational update and recognition.

Executive Summary:The Master Recycler Program is a volunteer outreach corps trained on waste-related topics. Volunteersparticipate in an extensive eight-week training course that features presentations on recycling, wasteprevention, composting, sustainable behavior change, working with youth and more. Followingcompletion of the course, graduates commit to completing at least thirty (30) hours of volunteer serviceby providing waste-related outreach in the community. The Program strives to bridge the gap between awareness and action and motivate people to reducewaste in their homes and workplaces. Sustainability staff recently concluded the second Master RecyclerProgram training course and would like to recognize the 2018 graduates.

Financial Impact:In 2017, the first class of Master Recycler volunteers collectively completed a total of 406 volunteer hoursand reached over 12,000 Flagstaff residents through direct outreach. This is an estimated value of morethan $10,000.00.

Policy Impact:None.

Connection to Council Goal, Regional Plan and/or Team Flagstaff Strategic Plan:CLIMATE CHANGE: Take meaningful climate change action. Actively manage and protect allenvironmental and natural resources.ENVIRONMENTAL AND NATURAL RESOURCES: Actively manage and protect all environmental andnatural resources.REGIONAL PLAN:Policy E&C.2.1. Encourage the reduction of all energy consumption, especially fossil-fuel generatedenergy, in public, commercial, industrial, and residential sectors.

Policy E.1.3. Empower all community members to make smarter energy choices through education andincentives.

Previous Council Decision on This:The Rethink Waste Plan was adopted in October 2017 which established a zero waste goal for thecommunity by 2050.

Background/History:The Master Recycler Program was created in 2017 to provide waste-related outreach and inspiresustainable behaviors. The Program is a volunteer outreach corps trained on waste-related topicsthrough an extensive eight-week course that features industry experts and field trips to local wasteprocessing and recycling facilities.

Key Considerations:Thirty (30) community members completed this year’s course, which covered topics such as curbsiderecycling, re-use, food waste prevention, sustainable behavior change and more. The 2018 MasterRecyclers will join the twenty-nine (29) 2017 graduates. As a requirement of the course, the MasterRecyclers commit to completing at least thirty (30) hours of volunteer service by providing waste-relatedoutreach in the Flagstaff community.

Community Benefits and Considerations:In 2017, the first class of Master Recycler volunteers collectively completed a total of 406 volunteer hoursand reached over 12,000 Flagstaff residents through direct outreach. Approximately fifty percent (50%) ofthe conversations Master Recyclers had with community members focused on the topic of curbsiderecycling. They also talked to the public about how to be more thoughtful consumers, the importance offixing and reusing items, and sustainable building. These direct forms of outreach are key to promotingsustainable behaviors and achieving Council’s climate and waste-related goals.

Community Involvement:Inform: Master Recyclers receive in-depth knowledge of Flagstaff's waste system and future goals aspart of the course and continued involvement.Involve: Staff seeks the feedback of Master Recyclers as part of course and after to evaluate efforts andfuture vision.Collaborate: Following the Master Recycler course, volunteers assist staff in implementing waste-relatedprogramming by educating and empowering fellow community members and businesses.

Attachments: Master Recycler Update Presentation

Master Recycler Program Update

Dylan Lenzen

Zero Waste Coordinator

April 3, 2018

What is the Master Recycler Program?

2

What do Master Recyclers do?

3

4

5

CY 2017 Impact

6

• Volunteered 406 hours

• Reached over 12,000

people with waste-related

outreach

• 3,300 in-person contacts

• Volunteer services valued

at roughly $10,000

Recognizing the 2018 Graduates

7

Photo credit: Katie Woodard Photography

Questions or comments?

8

Thank you!

Dylan Lenzen

City of Flagstaff

[email protected]



From: Stacy Saltzburg, Deputy City Clerk

Date: 03/28/2018


TITLE: Consideration of Appointments: Open Spaces Commission.

STAFF RECOMMENDED ACTION:Make one appointment to a term expiring April 2021.

Executive Summary:The Open Spaces Commission consists of seven regular members all of whom shall be appointed by theCity Council, except for designee from the Planning and Zoning Commission. The commission serves asan advisory body on the acquisition, management, use, restoration, enhancement, protection, andconservation of open space land. There is currently one seat available. It is important to fill vacancies onBoards and Commissions quickly so as to allow the Commission to continue meeting on a regular basis.

There are two applications on file for consideration by the Council, they are as follows:

Josh Edwards (new applicant)Wm. Michael Wilson (new applicant)

In an effort to reduce exposure to personal information the applicant roster and applications will besubmitted to the City Council separately.

COUNCIL APPOINTMENT ASSIGNMENT: Councilmember Barotz.

Financial Impact:These are voluntary positions and there is no budgetary impact to the City of Flagstaff.

Policy Impact:Not applicable.

Connection to Council Goal, Regional Plan and/or Team Flagstaff Strategic Plan:There is no Council goal that specifically addresses appointments to Boards and Commissions; however,boards and commissions do provide input and recommendations based on City Council goals that maypertain to the board or commission work plan.

Has There Been Previous Council Decision on This:None.

Options and Alternatives:1) Appoint one Commissioner: By appointing members at this time, the Open Spaces Commission will beat full membership, allowing the group to meet and provide recommendations to the City Council.

2) Postpone the action to allow for further discussion or expand the list of candidates.

Community Benefits and Considerations:The City's boards, commissions, and committees were created to foster public participation and inputand to encourage Flagstaff citizens to take an active role in city government.

Community Involvement:INFORM: The vacancies are posted on the City's website and individual recruitment and mention of theopening by Commission members and City staff has occurred, informing others of this vacancy throughword of mouth.

Attachments: Open Spaces Authority



From: Randall Groth, Project Manager

Date: 03/28/2018


TITLE: Consideration and Approval of Contract: Approve the construction contract with Eagle MountainConstruction Company in the amount of $229,113.00 for the Milton Sewer Rehabilitation, Phase 2.

STAFF RECOMMENDED ACTION:1) Approve the construction contract with Eagle Mountain Construction Company in the amount of$229,113.00 which includes a $20,000.00 contract allowance and a contracted timeframe of 50calendar days;2) Approve Change Order Authority to the City Manager in the amount of $20,910 (10% of thecontract amount, less allowance); and3) Authorize the City Manager to execute the necessary documents.

Executive Summary:Award of this contract will authorize the construction of the second phase of the Milton SewerRehabilitation project in accordance with the approved public improvement plans prepared by Brown &Caldwell. The work will slip line 516 linear feet of 8-inch diameter sewer main and 344 linear feet of12-inch diameter sewer main with cured-in-place pipe (CIPP) liner and will rehabilitate 5 sewermanholes. Please see the attached context and vicinity maps.

Financial Impact:The work is funded from the FY18 Annual Sewerline Replacement Program (account numbers203-08-375-3220-0-4463 and 203-08-375-3368-0-4466).

Policy Impact:None.

Connection to Council Goal, Regional Plan and/or Team Flagstaff Strategic Plan:Council Goal - Transportation and Other Public InfrastructureDeliver quality community assets and continue to advocate and implement a highly performingmulti-modal transportation system.

Team Flagstaff Strategic PlanPriority #3 (2) Deliver outstanding services through a healthy environment, resources, and infrastructure.

Regional PlanPolicy WR2.2 - Maintain and develop facilities to provide reliable, safe and cost-effective water,wastewater and reclaimed water services.

Has There Been Previous Council Decision on This:Council previously approved the FY18 Annual Sewerline Replacement in the FY18 budget.

Options and Alternatives:Approve the award as recommended. Approval will allow work to move forward in calendar 2018.1.Reject all bids. This action would delay the project. If rejection occurs, possible options include;

Re-advertise the project and open new bids; ora.Suspend or cancel the project.b.

2.

Background/History:The City performs ongoing pipeline inspections in the wastewater collection system. An inspectiondiscovered severe corrosion in a 160 linear foot section of the 8" diameter sewer main located underSouth Milton Road between Butler Avenue and Tucson Avenue. Replacement of the severelycompromised sewer pipe in the initial phase of the project was completed in July 2017 byAchen-Gardner Construction via a Job Order Contract.

On January 18, 2018, the Purchasing section posted an Invitation for Bids (IFB) solicitation forconstruction on the PlanetBid's website and advertised the IFB in the Arizona Daily Sun on January 21and 28, 2018. There were three (3) bids received and opened electronically on February 15, 2018 (Bidsummaries identified in the Key Considerations section below). Eagle Mountain Construction Companywas determined to be the lowest responsive and responsible bidder.

Key Considerations:The second phase of the work will be slip lining 860 linear feet of sewer main with a cured-in-place pipe(CIPP) liner from Phoenix Avenue to Butler Avenue and rehabilitation of the associated manholes. Theinterior of the manholes will be cleaned, patched and will receive a coating to protect against corrosion.

On February 15, 2018, three (3) bids were received for the second phase of the project. Eagle Mountain Construction $229,113.00Engineer’s Estimate $250,000.00Kinney Construction, LLC $292,061.00Standard Construction Company $513,408.00 The contract allowance is established to address unanticipated items of work, unknown items of workand/or differing field conditions and is included in the contract amount. The $20,000 contract allowanceis 8% of the engineer’s estimate of cost. The allowance is used only at the City’s discretion. Change Order Authority establishes a dollar amount (10% of the contract amount, less allowance) andprovides the City Manager, on behalf of the Council, authority to amend the contract amount in responseto unforeseen costs that are more than the contracted amount.

Expanded Financial Considerations:The work is funded from the FY18 Annual Sewerline Replacement Program. Milton Rd. Sewerline Rehabilitation $300,000Aging Sewer InfrastructureReplacements $120,000

$420,000

Community Benefits and Considerations:The project will ensure the integrity of this segment of the wastewater collection system for years tocome.

Expanded Options and Alternatives:Approve the award as recommended. Approval will allow work to move forward in calendar 2018.1.Reject all bids. This action would delay the project. If rejection occurs, possible options include;

Re-advertise the project and open new bids; or1.Suspend or cancel the project.2.

2.

Attachments: Construction ContractContract Exhibit A - MAG RevisionsContract Exhibit B - Special ProvisionsVicinity MapContext Map

1

CONSTRUCTION CONTRACT #2018-52

City of Flagstaff, Arizona and

Eagle Mountain Construction Company

This Construction Contract (“Contract”) is made and entered into this day of 2018, by and between the City of Flagstaff, an Arizona municipal corporation with offices at 211 West Aspen Avenue, Flagstaff, Arizona ("Owner") and Eagle Mountain Construction Company, an Arizona corporation ("Contractor") with offices at 3100 N. Caden Court, Flagstaff, Arizona. Contractor and the Owner may be referred to each individually as a “Party” and collectively as the “Parties.”

RECITALS A. Owner desires to obtain construction services; and B. Contractor has available and offers to provide personnel and materials necessary to accomplish the work and complete the Project as described in the Scope of Work within the required time in accordance with the calendar days included in this Contract. NOW, THEREFORE, the Owner and Contractor agree as follows: 1. Scope of Work. The Contractor shall furnish any and all labor, materials, equipment, transportation, utilities, services and facilities for the Milton Sewer Rehabilitation Phase 2 Project (the “Project”). The Project scope is specific to the attached Special Provisions (Exhibit B). Contractor shall construct the Project for the Owner in a good, workmanlike and substantial manner and to the satisfaction of the Owner through its engineers and under the direction and supervision of the City Engineer, or his properly authorized agents including but not limited to project managers and project engineers. Contractor’s work shall be strictly pursuant to and in conformity with the Contract. 1.1 A Pre-Construction Conference will be held with the successful Contractor after the Notice

of Award is issued. The date and time of the Conference will be agreed upon between the Contractor and the Engineer. The meeting will be held at City Hall, 211 West Aspen Avenue, Flagstaff, AZ 86001. The purpose of the meeting is to outline specific construction items and procedures that the Owner feels require special attention on the part of the Contractor. The Contractor may also present any variations in procedures to improve the workability of the Project, reduce the cost, or reduce inconvenience to the public. The Contractor shall submit a written proposal at this conference outlining intended plans for pavement replacement, maintaining continuous access to residences and businesses along the construction site, and traffic control.

2. Contract; Ownership of Work. Contractor shall furnish and deliver all of the materials and perform all of the work in accordance with this Contract; Construction Plans; Special Provisions; the City of Flagstaff Engineering Design and Construction Standards and Specifications;

2

the latest version of the Maricopa Association of Governments (“MAG”) Specifications for Public Works Construction and City revisions to the MAG Specifications for Public Works Construction (“Exhibit A”); and any Arizona Department of Transportation (A.D.O.T.) Standards that may be referenced on the Plans or in the specifications, incorporated in this Contract by reference, plans and associated documents. All provisions of the Invitation for Construction Bids, Performance Bond, Payment Bond, Certificates of Insurance, Addenda, Change Orders and Field Orders, if any, are hereby incorporated into this Contract. All materials, work, specifications and plans shall be the property of the Owner. The following exhibits are incorporated by reference and are expressly made a part of this Contract: 2.1.1 Revisions of MAG Standard Specifications for Public Works Construction Exhibit A (“Flagstaff Addendum to MAG”) 2.1.2 Special Provisions Exhibit B 3. Payments. In consideration of the faithful performance of the work described in this Contract, the Owner shall pay an amount not to exceed $229,113.00 to the Contractor for work and materials provided in accordance with the bid schedule, which amount includes all federal, state, and local taxes, as applicable. This amount shall be payable through monthly progress payments, subject to the following conditions: 3.1 Contractor shall promptly submit to the Owner all proper invoices necessary for the

determination of the prices of labor and materials; 3.2 Progress payments shall be made in the amount of ninety percent (90%) of the value of labor

and materials incorporated in the work, based on the sum of the Contract prices of labor and material, and of materials stored at the worksite, on the basis of substantiating paid invoices, as estimated by the Owner, less the aggregate of all previous payments, until the work performed under this Contract is fifty percent (50%) complete. When and after such work is fifty (50%) complete, the ten percent (10%) of value previously retained may be reduced to five percent (5%) of value completed if Contractor is making satisfactory progress as determined by the Owner, and providing that there is no specific cause or claim requiring a greater amount to be retained. If at any time the Owner determines that satisfactory progress is not being made, the ten percent (10%) retention shall be reinstated for all subsequent progress payments made under this Contract;

3.3 The City Engineer shall have the right to finally determine the amount due to Contractor; 3.4 Monthly progress payments shall be made by the Owner, on or before fourteen (14) calendar

days after the receipt by the Owner of an approved estimate of the work completed; 3.5 Contractor agrees that title to materials incorporated in the work, and stored at the site, shall

vest with the Owner upon receipt of the corresponding progress payment;

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3.6 The remainder of the Contract price, after deducting all such monthly payments and any retention, shall be paid within sixty (60) days after final acceptance of completed work by the Owner. The release of retention or alternate surety shall be made following the Owner’s receipt and acceptance of: Contractor's Affidavit Regarding Settlement of Claims, Affidavit of Payment, Consent of Surety for Final Payment, and Unconditional Full and Final lien waivers from all subcontractors and suppliers who have filed an Arizona Preliminary 20 Day Lien Notice in accordance with A.R.S. §§ 33-992.01 and 33-992.02.

4. Time of Completion. Contractor agrees to complete all work as described in this Contract within fifty (50) calendar days from the date of the Owner’s Notice to Proceed free of all liens, claims and demands of any kind for materials, equipment, supplies, services, labor, taxes and damages to property or persons, in the manner and under the conditions specified within the time or times specified in this Contract. 5. Performance of Work. All work covered by this Contract shall be done in accordance with the latest and best accepted practices of the trades involved. The Contractor shall use only skilled craftsmen experienced in their respective trades to prepare the materials and to perform the work. 6. Acceptance of Work; Non Waiver. No failure of the Owner during the progress of the work to discover or reject materials or work not in accordance with this Contract shall be deemed an acceptance of, or a waiver of, defects in work or materials. No payment shall be construed to be an acceptance of work or materials which are not strictly in accordance with the Contract. 7. Delay of Work. Any delay in the performance of this Contract due to strikes, lockouts, fires, or other unavoidable casualties beyond the control of the Contractor and not caused by any wrongful act or negligence of the Contractor shall entitle the Contractor to an extension of time equal to the delay so caused. The Contractor shall notify the Owner in writing specifying such cause within twenty-four (24) hours after its occurrence. In the event such delay is caused by strikes, lockouts, or inability to obtain workmen for any other cause, the Owner shall have the right but shall not be obligated to complete the work on the same basis as is provided for in Section 13 below (Contract Violations). 8. Failure to Complete Project in Timely Manner. If Contractor fails or refuses to execute this Contract within the time specified in Section 4 above, or such additional time as may be allowed, the proceeds of Contractor’s performance guaranty shall become subject to deposit into the Treasury of the municipality as monies available to compensate the Owner for damages as provided by A.R.S. § 34-201 for the delay in the performance of work under this Contract, and the necessity of accepting a higher or less desirable bid from such failure or refusal to perform this Contract as required. If Contractor has submitted a certified check or cashier's check as a performance guaranty, the check shall be returned after the completion of this Contract. 9. Labor Demonstration. It is understood that the work covered by this Contract is for the Owner's business purposes and that any unfavorable publicity or demonstrations in connection with the work will have a negative effect upon the Owner. If Contractor’s actions in performance of the Contract result in any public demonstration on behalf of the laborers or organized labor in the vicinity of the Owner's premises, whether such demonstration is in the form of picketing, posting of

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placards or signs, violence, threats of violence or in any other form, which in the Owner's judgment, might convey to the public the impression that the Owner or the Contractor or any subcontractor is unfair to laborers or to organized labor, the Owner shall have the right to terminate this Contract immediately, unless the Contractor shall have caused such demonstration to be discontinued within two (2) days after request of the Owner to do so. In the event any such demonstration is attended by violence, the Owner may fix lesser time within which a discontinuance shall be accomplished. In the event of Contract termination, the Contractor agrees to remove from the Premises within twenty-four (24) hours of termination, all machinery, tools, and equipment belonging to it or to its subcontractors. All obligations or liabilities of the Owner to the Contractor shall be discharged by such termination, except the obligation to pay to the Contractor a portion of the Contract price representing the value based upon the Contract prices of labor and materials incorporated in the work as established by the Owner, less the aggregate of all previous payments, but subject to all of the conditions pertaining to payments generally. 10. Material Storage. During the progress of the work, the Contractor shall arrange for office facilities and for the orderly storage of materials and equipment. Contractor shall erect any temporary structures required for the work at his or her own expense. The Contractor shall at all times keep the premises reasonably free from debris and in a condition which will not increase fire hazards. Upon completion of the work, the Contractor shall remove all temporary buildings and facilities and all equipment, surplus materials and supplies belonging to the Contractor. Contractor shall leave the Premises in good order, clean, and ready to use by the Owner. The establishment of any temporary construction yard, material storage area or staging area to be located within City of Flagstaff limits and outside the public right-of-way or Project limits generally requires a Temporary Use Permit. (See Exhibit A, Section 107.2.1.)

11. Maintenance During Winter Suspension of Work. A “Winter Shutdown” is the period of time typically including December through March during which no Work will be performed by any person or entity (including but not limited to the Contractor) on the Project and Contractor shall shutdown, properly insulate and shelter the Project in a safe and workmanlike manner pursuant to local, state and federal laws. Although December through March is typically the time frame, the City reserves the right to initiate and terminate a Winter Shutdown at the City’s sole discretion in the event of adverse weather conditions. A Winter Shutdown may be declared by the City despite delays, for any reason, on the Project. City retains the right to declare a Winter Shutdown. If work has been suspended due to winter weather, the Contractor shall be responsible for maintenance and protection of the improvements and of partially completed portions of the work until final acceptance of the project. Winter Shutdown shall be by field order, change order or original contract. If repairs and/or maintenance are needed during the Winter Shutdown, the Contractor is required to perform the repairs and/or maintenance within twenty-four (24) hours of notification from the City. If the needed repairs and/or maintenance are not addressed within the timeframe, the City will accomplish the work and deduct the cost from monies due or become due to the Contractor. The City shall provide snow removal operations on active traffic lanes only during the Winter Shutdown. All other snow removal and maintenance operations shall be the responsibility of the Contractor during the Winter Shutdown. All cost associated with snow removal and proper disposal

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shall be considered incidental to the work including repair of temporary surface improvements due to normal wear and snow removal operations during the Winter Shutdown. 12. Assignment. Contractor shall not assign this Contract, in whole or in part, without the prior written consent of the Owner. No right or interest in this Agreement shall be assigned, in whole or in part, by Contractor without prior written permission of the City and no delegation of any duty of Contractor shall be made without prior written permission of the Owner. The Owner shall not unreasonably withhold consent to such assignment. Contractor agrees that any assignment agreement between Contractor and the Assignee shall include and subject to the assignee to all obligations, terms and conditions of this Contract and that Contractor shall also remain liable under all obligations, terms and conditions of this Contract. 13. Notices. Many notices or demands required to be given, pursuant to the terms of this Contract, may be given to the other Party in writing, delivered in person, sent by facsimile transmission, emailed, deposited in the United States mail, postage prepaid, or deposited with any commercial air courier or express service at the addresses set forth below, or to such other address as the Parties may substitute by written notice, given in the manner prescribed in this paragraph. However, notices of termination, notices of default and any notice regarding warranties shall be sent via registered or certified mail, return receipt requested at the address set forth below and to legal counsel for the party to whom the notice is being given. If to Owner: If to Contractor: Patrick Brown, C.P.M. Purchasing Manager 211 West Aspen Avenue Flagstaff, AZ 86001

Marco Spagnuolo, CEO Eagle Mountain Construction Company 3100 N. Caden Ct. Flagstaff, AZ 86004

14. Contract Violations. In the event of any of the provisions of this Contract are violated by the Contractor or by any of Contractor’s subcontractors, the Owner may serve written notice upon the Contractor and the Surety of its intention to terminate such Contract (the “Notice to Terminate”). The Contract shall terminate within five (5) days of the date Contractor receives the Notice to Terminate, unless the violation ceases and Contractor makes arrangements for correction satisfactory to the Owner. In the event of any such termination, the Owner shall immediately serve notice of the termination upon the Surety by registered mail, return receipt requested. The Surety shall have the right to take over and perform the Contract. If the Surety does not commence performance within ten (10) days from the date of receipt of the Owner’s notice of termination, the Owner may complete the work at the expense of the Contractor, and the Contractor and his or her Surety shall be liable to the Owner for any excess cost incurred by the Owner to complete the work. If the Owner completes the work, the Owner may take possession of and utilize such materials, appliances and plants as may be on the worksite site and necessary for completion of the work. 15. Termination for Convenience. The Owner may terminate this contract at any time for any reason by giving at least thirty (30) days written notice to the Contractor. If termination occurs under this Section 15, the Contractor shall be paid fair market value for work completed by Contractor as of the date of termination. The parties agree that fair market value shall be determined

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based on the Contractor’s original bid price, less any work not yet completed by the Contractor as of the date the written notice of termination is given to the Contractor. 16. Contractor's Liability and Indemnification. To the fullest extent permitted by law, Provider shall indemnify, save and hold harmless the City of Flagstaff and its officers, officials, agents, and employees (hereinafter referred to as “Indemnitee”) from and against liabilities, damages, losses and costs, including reasonable attorney fees, but only to the extent caused by the, recklessness or intentional wrongful conduct of the contractor, subcontractor or design professional or other persons employed or used by the contractor, subcontractor or design professional in the performance of the contract. The amount and type of insurance coverage requirements set forth in the Contract (Section 103.6 of Exhibit A) will in no way be construed as limiting the scope of the indemnity in this paragraph. 17. Non Appropriation. In the event that no funds or insufficient funds are appropriated and budgeted in any fiscal period of the Owner to meet the Owner’s obligations under this Contract, the Owner will notify Contractor in writing of such occurrence, and this Contract will terminate on the earlier of the last day of the fiscal period for which sufficient appropriation was made or whenever the funds appropriated for payment under this Contract are exhausted. No payments shall be made or due to the other party under this Contract beyond these amounts appropriated and budgeted by the Owner to fund the Owner’s obligations under this Contract. 18. Amendment of Contract. This Contract may not be modified or altered except in writing and signed by duly authorized representatives of the parties. 19. Subcontracts. Contractor shall not enter into any subcontract, or issue any purchase order for the completed work, or any substantial part of the work, unless in each instance, prior written approval shall have been given by the Owner. Contractor shall be fully responsible to the Owner for acts and omissions of Contractor's subcontractors and all persons either directly or indirectly employed by them. 20. Cancellation for Conflict of Interest. This Contract is subject to the cancellation provisions of A.R.S. § 38-511. 21. Compliance with All Laws. Contractor shall comply with all applicable laws, statutes, ordinances, regulations and governmental requirements in the performance of this Contract. 22. Employment of Aliens. Contractor shall comply with A.R.S. § 34-301, which provides that a person who is not a citizen or ward of the United States shall not be employed upon or in connection with any state, county or municipal public works project. 23. Compliance with Federal Immigration Laws and Regulations. Contractor warrants that it complies with all Federal Immigration laws and regulations that relate to its employees and complies with A.R.S. 23-214.A. Contractor acknowledges that pursuant to A.R.S. 41-4401 a breach of this warranty is a material breach of this contract subject to penalties up to and including termination of this contract, and that the City retains the legal right to inspect the papers of any employee who works on the contract to ensure compliance with this warranty.

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24. Contractor’s Warranty. Contractor warrants that it complies with all Federal Immigration laws and regulations that relate to its employees and complies with A.R.S. § 23-214.A, Verification of Employment Eligibility. Contractor shall not employ aliens in accordance with A.R.S. § 34-301, Employment of Aliens on Public Works Prohibited. Contractor acknowledges that pursuant to A.R.S. § 41-4401, Government Procurement; E-Verify Requirement; Definitions, a breach of this warranty is a material breach of this contract subject to penalties up to and including termination of this Contract, and that the Owner retains the legal right to inspect the papers of any employee who works on the Contract to ensure compliance with this warranty. 25. Jurisdiction and Venue. This Contract shall be administered and interpreted under the laws of the State of Arizona. The Contractor hereby submits itself to the original jurisdiction of those courts located within Coconino County, Arizona. 26. Attorney’s Fees. If suit or action is initiated in connection with any controversy arising out of this Contract, the prevailing party shall be entitled to recover in addition to costs such sum as the court may adjudge reasonable as attorney fees, or in event of appeal as allowed by the appellate court. 27. Time is of the Essence. Contractor acknowledges that the completion of the Contract by the dates specified final completion is critical to the Owner, time being of the essence of this Contract. 28. No Third Party Beneficiaries. The Parties acknowledge and agree that the terms, provisions, conditions, and obligations of this Contract are for the sole benefit of, and may be enforceable solely by, the Parties to this Contract, and none of the terms, provisions, conditions, and obligations of this Contract are for the benefit of, or may be enforced by, any person or entity not a party to this Contract. 29. Headings. The article and section headings contained herein are for convenience in reference and are not intended to define or limit the scope of any provision of this Contract. 30. Severability. If any part of this Contract is determined by a court to be in conflict with any statute or constitution or to be unlawful for any reason, the parties intend that the remaining provisions of this Contract shall remain in full force and effect unless the stricken provision leaves the remaining Contract unenforceable. 31. No Boycott of Israel. Pursuant to A.R.S. §§ 35-393 and 35-393.01, the Parties certify that they are not currently engaged in and agree, for the duration of the agreement, not to engage in a boycott of Israel.

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IN WITNESS WHEREOF, the Owner and Contractor, by their duly authorized representatives, have executed this Contract as of the date written above. (Please sign in blue ink. Submit original signatures – photocopies not accepted) Owner, City of Flagstaff Eagle Mountain Construction Company

Barb Goodrich, Interim City Manager Signature Attest: Printed Name

City Clerk Title

Approved as to form:

City Attorney

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Amended March 2017

CITY OF FLAGSTAFF AMENDMENTS

to MAG STANDARD SPECIFICATIONS

FOR PUBLIC WORKS CONSTRUCTION (General Provisions)

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Amended March 2017

The

MAG UNIFORM STANDARD SPECIFICATIONS for

PUBLIC WORKS CONSTRUCTION is hereby amended to include the following:

PART 100 - GENERAL CONDITIONS SECTION 102 - BIDDING REQUIREMENTS AND CONDITIONS 102.1 ELIGIBILITY AND PREFERENCE: (revise to include the following) If requested by the City, a Bidder shall furnish satisfactory evidence of the Bidder's competency to perform the proposed work. Such evidence of competency, unless otherwise specified, shall consist of statements covering the Bidder's experience on similar work, a list of equipment that would be available for the work and a list of key personnel that would be available. In addition, if requested, a Bidder shall furnish the City of Flagstaff with satisfactory evidence of the Bidder's financial responsibility. Such evidence of financial responsibility, unless otherwise specified, shall consist of a confidential statement or report of the Bidder's financial resources and liabilities as of the last calendar year or the contractor's last fiscal year. Such statements or reports shall be certified by a public accountant. At the time of submitting such financial statements or reports, the Bidder shall further certify whether the Bidder's financial responsibility is approximately the same as stated or reported by the public accountant. If the Bidder's financial responsibility has changed, the Bidder shall qualify the public accountant's statement or report to reflect the Bidder's true financial condition at the time such qualified statement or report is submitted to the City of Flagstaff. The Bidder shall submit such "evidence of competency" and "evidence of financial responsibility" to the City of Flagstaff no later than five (5) working days after receipt of a written request by the City of Flagstaff. Each bidder, contractor and subcontractor shall possess and maintain the appropriate contractor's license for the work included in this contract. The appropriate license shall be as required by the Arizona State Registrar of Contractors and as required by Arizona Revised Statutes Chapter 10, Title 32. 102.2 CONTENTS OF PROPOSAL PAMPHLET: (revise to include the following) The Plans, Specifications and other Documents designated in the Contract Documents shall be considered a part of the Contract whether attached or not.

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Amended March 2017

The City of Flagstaff reserves the right to refuse to issue a proposal form or accept a proposal form from a prospective Bidder if they are in default for any of the following reasons: (A) Failure to comply with any prequalification regulations of the City of Flagstaff, if such

regulations are cited or otherwise included in the Proposal as a requirement for bidding;

(B) Failure to pay or satisfactorily settle all bills due for labor and materials on former

contracts in force (with the City of Flagstaff) at the time the City of Flagstaff issues the Proposal to a prospective Bidder;

(C) Contractor, as a company owner, has defaulted under previous contract(s) with the

City of Flagstaff in the prior five calendar years; (D) Record of unsatisfactory work on previous contract(s) with the City of Flagstaff in the

prior five calendar years. 102.2 CONTENTS OF PROPOSAL PAMPHLET: (third paragraph, revise last sentence to read as follows) In the case of conflict, the following order of precedence shall govern: 1. Construction Plans and Addenda 2. Special Provisions 3. General Provisions and MAG Revisions 4. City of Flagstaff Standards and Specifications 5. MAG Standards and Specifications 6. ADOT Standards and Specifications 7. FHWA Manual of Uniform Traffic Control Devices 102.4 EXAMINATION OF PLANS, SPECIAL PROVISIONS AND SITE OF

WORK: (revise to include the following) Before submitting a bid, each bidder shall examine the site and obtain information that pertains to the physical conditions of the site that may affect the cost, progress or performance of the work. Any restrictions or difficulties relating to the completion of the work shall be considered in accordance with the terms and conditions of the contract documents. 102.7 IRREGULAR PROPOSALS: (revise to include the following) The City of Flagstaff reserves the right to reject any irregular Proposal and the right to waive technicalities for acceptance of Proposals, if such waiver is in the best interest of the City of Flagstaff and conforms to local laws and ordinances pertaining to the letting of construction contracts.

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Amended March 2017

Proposals shall be considered irregular for the following additional reasons: (A) If the Proposal contains unit prices that are obviously unbalanced. (B) If the Proposal is not accompanied by the proposal guaranty specified by the City. 102.12 DISQUALIFICATION OF BIDDERS: (revise to include the following) A Bidder shall also be considered disqualified if the Bidder is considered in default for any reason specified in Subsection 102.2 as amended by this MAG Amendment. 102.13 SUCCESSFUL BIDDERS: (revise paragraph to read as follows) The City of Flagstaff shall provide six (6) sets of plans and Contract Documents at no cost. A direct expense fee shall be charged for any additional copies. SECTION 103 - AWARD AND EXECUTION OF CONTRACT 103.6 CONTRACTOR'S INSURANCE: 103.6.1 GENERAL: (revise subsection to read as follows) The Contractor and its Subcontractors, at Contractor’s and Subcontractors’ own expense, shall purchase and maintain the herein stipulated minimum insurance with companies duly licensed, possessing a current A.M. Best, Inc. Rating of A-, 7, or approved by the City. The insurance company shall be licensed in the State of Arizona. Policies and forms shall be satisfactory to the City. All insurance required herein shall be maintained in full force and effect until all work and/or services required to be performed, under the terms of the Contract, are satisfactorily completed and formally accepted. At the sole discretion of the City, failure to do so may constitute a material breach of this Contract. The Contractor’s insurance shall be primary insurance as respects the City. Any insurance or self-insurance maintained by the City shall not contribute to it. Contractor shall not fail to comply with the claim reporting provisions of the insurance policies or cause a breach of any insurance policy warranty that would affect coverage afforded under insurance policies to protect the City. The insurance policies (except Worker’s Compensation) shall contain a waiver of transfer of rights of recovery (subrogation) against the City, its agents, representatives, directors, officers, and employees for any claims arising out of the Contractor’s acts, errors, mistakes, omissions, work or service.

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Amended March 2017

The insurance policies may provide coverage, which contains deductibles or self-insured retentions. Such deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided to the City under such policies. The Contractor shall be solely responsible for the deductible and/or self-insured retentions, and the City, at its option, may require the Contractor to secure payment of such deductibles or self-insured retentions by a Surety Bond or an irrevocable and unconditional letter of credit. The City reserves the right to request and to receive, within 10 working days, certified copies of any or all of the herein required insurance policies and/or endorsements. The City shall not be obligated, however, to review same or to advise Contractor of any deficiencies in such policies and endorsements, and such receipt shall not relieve Contractor from, or be deemed a waiver of the City’s right to insist on, strict fulfillment of Contractor’s obligations under this Contract. Except for Worker’s Compensation, the insurance policies, required by this Contract shall name the City, its agents, representatives, officers, directors, officials and employees as additional insureds. Required Coverage A. Commercial General Liability The Contractor shall maintain Commercial General Liability insurance with a limit of not less than $1,000,000 for each occurrence with a $2,000,000 Products/Completed Operations Aggregate and a $2,000,000 General Aggregate Limit. The Policy shall include coverage for bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage. Coverage will be at least as broad as Insurance Service Office, Inc. Policy Form CG 00011093 or any replacements thereof. The coverage shall not exclude X, C, U. Such policy shall contain a severability of interest provision and shall not contain a sunset provision or commutation clause, nor any provision, which would serve to limit third party action over claims. The Commercial General Liability additional insured endorsement shall be at least as broad as the Insurance Service Office, Inc. Additional Insured, Form B, CG 20101185, and shall include coverage for Contractor’s operations and products and completed operations. B. Owners and Contractor’s Protective Liability The Contractor shall purchase and maintain, at all times during prosecution of the work, services or operations under this Contract, an Owner’s and Contractor’s Protective Liability insurance policy for bodily injury and property damage, including death, which may arise in the prosecution of the Work or Contractor’s operations under this Contract. Coverage shall be on an occurrence basis with a limit not less than $1,000,000 per occurrence, and the policy shall be issued by the same insurance company that issues the Contractor’s Commercial General Liability insurance.

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Amended March 2017

C. Automobile Liability Contractor shall maintain Commercial/Business Automobile Liability insurance with a combined single limit for bodily injury and property damage of not less than $1,000,000 each occurrence with respect to the Contractor’s any auto, all owned autos, scheduled autos, hired autos, non-owned autos assigned to or used in performance of the Contractor’s work. Coverage will be at least as broad as coverage code 1, “any auto”, (Insurance Service Office, Inc. Policy CA 00011293, or any replacements thereof). Such insurance shall include coverage for loading and off-loading hazards. If hazardous substances, materials or wastes are to be transported, MCS 90 endorsement shall be included and $5,000,000 per accident limits for bodily injury and property damage shall apply. D. Worker’s Compensation The Contractor shall carry Worker’s Compensation insurance to cover obligations imposed by federal and state statues having jurisdiction of Consultant’s employees engaged in the performance of the work or services; and Employer’s Liability insurance of not less than $100,000 for each accident, $100,000 disease for each employee, and $500,000 disease policy limit. In case any work is subcontracted, the Contractor will require the Subcontractor to provide Worker’s Compensation and Employer’s Liability to at least the same extent as required of the Contractor. E. Builder’s Risk (Property) Insurance (As Required) When the project includes construction of a new building, an addition to an existing building, modifications to an existing building, or as otherwise may be required by the contracting agency, the Contractor shall purchase and maintain, on a replacement cost basis, Builder’s Risk insurance in the amount of the initial Contract Amount as well as subsequent modifications thereto for the entire work at the site. At a minimum, the policy limits of such insurance shall be equal in face amount to the full Contract Amount. Such Builder’s Risk insurance shall be maintained until final payment has been made or until no person or entity other than the City has an insurable interest in the property required to be covered, whichever is earlier. This insurance shall include interests of the City, the Contractor, and all Subcontractors and Sub-Subcontractors in the work during the life of the Contract and course of construction, and shall continue until the work is completed and accepted by the City. For new construction projects, the Contractor agrees to assume full responsibility for loss or damage to the work being performed and to the buildings under construction. For renovation construction projects, the Contractor agrees to assume responsibility for loss or damage to the work being performed at least up to the full Contract Amount, unless otherwise required by the Contract Documents or amendments thereto. Builder’s Risk insurance shall be on an all-risk policy form and shall cover false work and temporary buildings. Builder’s Risk insurance shall insure against risk of direct physical loss or damage from external causes including debris removal, demolition occasioned by enforcement of any applicable legal requirements and shall cover reasonable compensation for Architect’s service

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Amended March 2017

and expenses required as a result of such insured loss and other “soft costs” as required by the Contract. Builder’s Risk insurance must provide coverage from the time any covered property becomes Contractor’s control and/or responsibility, and continue without interruption during construction or renovation or installation, including any time during which the covered property is being transported to the construction installation site, and while on the construction or installation site awaiting installation. The policy will provide coverage while the covered premises or any part thereof is occupied. Builder’s Risk insurance shall be primary and not contributory. If the Contract requires testing of equipment or other similar operations, at the option of the City, the Contractor will be responsible for providing property insurance for these exposures under a Boiler Machinery insurance policy. Required coverage may be modified by an amendment to the Contract Documents. Certificates of Insurance Prior to commencing work or services under this Contract, Contractor shall furnish the City with Certificates of Insurance, or formal endorsements as required by the Contract, issued by Contractor’s insurer(s), as evidence that policies providing the required coverage, conditions and limits required by this Contract are in full force and effect. In the event any insurance policy (ies) required by this contract is (are) written on a “claims made” basis, coverage shall extend for two years past completion and acceptance of the Contractor’s work or services and as evidenced by annual Certificates of Insurance. If a policy does expire during the life of the Contract, a renewal certificate must be sent to the City fifteen (15) days prior to the expiration date. All Certificates of Insurance shall be identified with bid/project number and project name. A $25.00 administrative fee will be assessed for all certificates received without the appropriate bid serial number and title. Cancellation and Expiration Notice Insurance required herein shall not expire, be canceled, or materially changed without thirty (30) days written notice to the City.

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Amended March 2017

SECTION 104 - SCOPE OF WORK 104.1.3 WATER SUPPLY: (revise to include the following) The Contractor is advised that the use of fire hydrants as a source of construction water is not guaranteed and is subject to the restrictions, terms and conditions of the City of Flagstaff Utilities Department. Prior to submitting a bid, the Contractor shall determine such restrictions, terms and conditions and shall incorporate the costs thereof into his or her proposal. If hydrants are not available as a source of construction water, reclaimed water is available at the Wildcat Hill Wastewater Treatment plant on East Highway 66 and at the south end of Babbitt Drive at the Rio De Flag Water Reclamation Plant. Additional reclaimed water bulk loading sites are located in other areas of the city. The contractor should obtain current locations from the Utilities Department. Current rates for the reclaimed water shall apply. Prior to loading, hauling and applying reclaim water, the Contractor shall be required to obtain the necessary no fee permit at the Wildcat Hill Wastewater Treatment Plant or from the Rio De Flag plant and shall be responsible for complying with all permit and ADEQ requirements regarding the use of reclaim water. 104.2 ALTERATION OF THE WORK: 104.2.3 DUE TO EXTRA WORK: (revise to include the following) When Allowance and/or Contingency items are provided for in the contract, the funds are encumbered for use at the discretion of the Project Manager. The funds are to cover unanticipated costs to complete items of work not included in the Contract Documents or may be applied to any work deemed necessary by the Owner. Work would include, but not limited to, unanticipated conditions, scope changes, addressing errors or omissions, and/or construction changes that are warranted for project completion consistent with the purpose of the work. The amount of the allowance item is determined by the City and is not subject to individual bid pricing. All bidders shall incorporate the amount pre-entered in the bid proposal and shall reflect the same in the total amount bid for the project. The allowance item provides an estimated funding to cover unforeseen changes that may be encountered and corresponding extra work needed to complete the contract. Any work which is to be paid out of this allowance shall be authorized in writing and approved by Field Order prior to proceeding with the work. Extra work shall be paid for in the following order of precedence: 1.) by extension of unit bid prices, 2.) by negotiated price or 3.) by a time and materials basis in accordance with MAG Section 109.5. It shall be understood that the amount for this item in the proposal is an estimate only and no guarantee is given that the full amount or any portion thereof will actually be utilized. It shall not be utilized without first obtaining an approved Field Order signed by the Contractor and the Project Manager.

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Amended March 2017

105.2.1 RECORD DRAWING (As-Built Plans) (revise to include new subsection as follows) The Contractor shall retain an Arizona licensed civil engineer to record information that is modified from the originally approved sealed plans. Prior to the City’s final approval and acceptance of public improvements (sanitary sewer, water, storm sewer, streets) as-built plans must be submitted to the City for review and acceptance per Engineering Standard Specifications. Submittal shall be two sets of blue or black line paper sets, copied from the original mylar set. One set will be reviewed by the City and returned with applicable comments. Comments are to be addressed and two paper sets resubmitted for City’s final approval. A reference checklist is available from the office of the City Engineer. Upon City and ADEQ (when applicable) review and approval of the submittal, one set of mylars shall be submitted to the City as a permanent record. All record drawing plan sets shall contain a statement by a licensed professional engineer, currently registered to practice in Arizona, certifying that the drawings are per the as-built condition. The record set requires the seal and signature of the registrant. Payment shall be lump sum for all work required to develop the necessary documents, including but not limited to coordination, field inspection, survey, drafting, printing and engineer’s seal. The fee shall include as-built information for all record changes within the project area. SECTION 105 - CONTROL OF WORK 105.8 CONSTRUCTION STAKES, LINES AND GRADES: (revise entire subsection to read as follows) The Contractor shall be responsible for all required construction staking, including preconstruction staking for relocation of existing utilities. All construction staking is to be done under the direct supervision of a Registered Land Surveyor or Civil Engineer. All costs associated with this work are to be included in the amount bid for the items of work to which it is incidental or appurtenant. No separate payment will be made for construction staking. 105.10 INSPECTION OF THE WORK (revise to include the following) The Contractor is responsible for Quality Control of the work. The City will perform Quality Assurance; frequency of testing will be determined by the City. The Contractor shall be responsible for coordinating and scheduling all inspections of the work and shall confirm that the required inspections and material testing are completed and accepted prior to proceeding with additional work. The Contractor is required to perform the work to a confidence level that the City’s Quality Assurance will validate that the work meets specification(s).

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105.11 REMOVAL OF UNACCEPTABLE AND UNAUTHORIZED WORK: (revise to include the following) Any work and/or materials condemned by the Project Manager as inferior or not in compliance with the Contract, Specifications and Plans shall be immediately removed by the Contractor. Materials and/or work so condemned shall be removed and promptly replaced and executed in accordance with the Contract, Specifications and Plans without any expense to the Owner. The Contractor shall bear the expense of making good on all work of other contractors destroyed or damaged by such removal and replacement. 105.12 MAINTENANCE DURING CONSTRUCTION: (revise to include the following) The Contractor is responsible to provide adequate drainage for the construction area at all times. Damage to any portion of the work caused by the Contractor's failure to provide adequate drainage of the construction area shall be repaired at the Contractor's expense. A contract time extension will not be granted for any additional time required to make such repairs. The Contractor shall control open excavations and stockpiling in a manner to prevent water from running into excavations. Obstructions of surface drainage shall be avoided and means shall be provided whereby storm water and wastewater can flow uninterrupted in existing or established pipes, flow courses, other surface drains, temporary drains or channels. Material for backfill or for protection of excavations within public roads or easements shall be placed and shaped to cause the least possible interference to public travel. In no event shall any flows be allowed to enter private property. 105.16 MAINTENANCE DURING WINTER SUSPENSION OF WORK (revise to include new subsection as follows) If work has been suspended due to winter weather, the Contractor shall be responsible for maintenance and protection of the improvements and of partially completed portions of the work until final acceptance of the project. Winter suspension shall be by field order, change order or original contract. City retains the right to declare a winter shutdown. If repairs and/or maintenance are needed during the suspension, the Contractor is required to perform the repairs and/or maintenance within twenty-four (24) hours of notification from the City. If the needed repairs and/or maintenance are not addressed within the timeframe, the City will accomplish the work and deduct the cost from monies due or become due to the Contractor. The City shall provide snow removal operations on active traffic lanes only. All other snow removal and maintenance operations shall be the responsibility of the Contractor. All cost associated with snow removal and proper disposal shall be considered incidental to the work including the repair of temporary surface improvements due to normal wear and snow removal operations.

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SECTION 107 - LEGAL REGULATIONS AND RESPONSIBILITY TO THE PUBLIC 107.1 LAWS TO BE OBSERVED: (revise to include the following) (G) TAX EXEMPTION: Certain material, machinery and equipment to be installed in this project is exempt from sales tax or use tax as allowed in Arizona Revised Statutes Section 42-5061, 42-5009 and Section 42-5159 and by the Administrative Rules and Regulations of the Arizona Department of Revenue; ACC R15-5-608, R15-5-120 and R15-5-2314. The City wishes to rely upon the expertise of the contractor in the purchase of items that qualify for the tax exemption. With respect to purchase of the qualifying items, the Contractor is authorized to act as an agent for the City. This agency agreement is strictly limited to the purchase of the qualifying items to be used in the construction of the project and will not otherwise affect or alter the respective rights, responsibilities and remedies of the parties as specified under this contract. The contractor shall furnish the City a list of suppliers and the material, machinery and equipment to be furnished by each. The City will then issue the materials and equipment exemption certificate to each supplier pursuant to A.R.S. §42-5009 (A) (2). The contractor's applicable unit bid prices for items qualifying for this tax exemption should not include sales or use tax. The materials, machinery and equipment that are a part of this project and to which the exemption applies are listed below: 1. Pipes, valves and appurtenances four (4) inches in diameter or larger used to transport

potable water, 2. Any additional material, machinery or equipment identified in the Special Provisions. 107.2 PERMITS: (revise to include the following) The City of Flagstaff shall issue a no fee permit for work in City right-of-way for this Contract. The City shall work with the Contractor to obtain a permit for work in State of Arizona right-of-way from the Arizona Department of Transportation. The Contractor may not commence work until these permits are issued. 107.2.1 TEMPORARY USE PERMITS: (revise to include new subsection as follows) A Temporary Use Permit (and Above Ground Fuel Storage Permit if applicable) is required prior to the establishment of any temporary construction yard, material storage area or staging area located within City limits and outside the public right-of-way or project limits. The Contractor is responsible for obtaining the necessary Temporary Use Permit from the agency with jurisdictional authority. The time required to process the Temporary Use Permit is approximately twelve (12) calendar days. The Contractor shall submit the necessary permit application no later than ten (10) calendar days following the Notice of Award. Any delays experienced by the Contractor in acquiring the Temporary Use Permit shall not necessarily be grounds for delaying the project Notice to Proceed.

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107.2.2 DISPOSAL OF WASTE AND SURPLUS MATERIAL: (revise to include the following) All disposal costs, regardless of disposal site, shall be included in the bid unit price for the related item of work and no direct payment will be made for disposal of waste or surplus materials. This right of disposal does not apply to any substance or items that are regarded as toxic and/or hazardous by the City, the State of Arizona or the United States Government. Alternate disposal sites may be proposed by the Contractor but are subject to all applicable local ordinances and codes. In addition to the property owner's written authorization, all disposal sites within the city limits are subject to review and approval by the Temporary Use Permit process. The disposal of material at alternate disposal sites will not be allowed without written authorization of the owner, approval of the appropriate jurisdictional authority, and the issuance of all necessary permits. 107.2.3 ABOVE GROUND FUEL STORAGE PERMIT: (revise to include new subsection as follows) If required, Above Ground Fuel Storage Permits may be obtained from the City of Flagstaff Fire Department, located at 211 West Aspen Avenue, Flagstaff, AZ. The Contractor is responsible for obtaining the permit. 107.5 SAFETY, HEALTH, AND SANITATION PROVISIONS: 107.5.4 HANDLING, REMOVAL AND DISPOSAL OF SURPLUS MATERIAL AND

ASBESTOS CONTAINING MATERIALS (ACM) (revise to include new subsection as follows) The Contractor is responsible for handling, removal and disposal of all soil material generated by the project as described in the General Provisions. The City requires compliance with Environmental Protection Agency (EPA), Arizona Department of Environmental Quality (ADEQ) and Occupational Safety and Health Administration (OSHA) asbestos regulations for all City projects. Utility pipes constructed of materials other than metal or polyvinyl chloride (PVC) require testing prior to any disturbance of the pipes to determine if regulated levels of asbestos are present in the pipe material. Suspect pipe materials requiring testing typically include vitrified clay and cement pipe (transite). Asbestos testing is not required for metal pipes. City Public Works/Sustainability & Environmental Management staff are available to collect samples and submit the samples for analyses. The City of Flagstaff will provide testing free of charge. If the pipe does not contain regulated levels of asbestos, the contractor may disturb and remove the piping. If utility piping contains regulated levels of asbestos, an asbestos abatement contractor must perform any disturbance/removal of the pipe materials. This is required to ensure workers are not exposed to any asbestos fibers.

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Work may require the proper handling, removal and disposal of regulated asbestos piping and materials generated by cutting or breaking the pipe to remove it from the ground. If asbestos containing materials (ACM) removal is necessary on the project, the City of Flagstaff requirements for handling, removal and disposal are as follows:

If an infrastructure or building material that is not either wood, glass or metal is encountered during the project and has not yet been either assumed or positively identified to be ACM then the material(s) must be sampled in accordance with regulations generated by the EPA Asbestos Hazard and Emergency Response Act (AHERA) 40 CFR 763 as well as OSHA 29 CFR 1910.1101, by a certified AHERA Building Inspector and sent to a National Voluntary Laboratory Accreditation Program (NVLAP) certified laboratory for analysis.

Once materials of concern are assumed or properly identified to be ACM then material

removal is required according to OSHA 29 CFR 1910-1926.1101 by a certified asbestos abatement worker, and NOT a general contractor (GC). However, if the GC holds the appropriate asbestos certifications (AHERA Asbestos Operations and Maintenance), which the City would need to verify is current, then the GC could perform the asbestos abatement.

The City requires the General Contractor arrange for abatement of assumed and/or identified ACM by a certified asbestos abatement contractor and to arrange area and/or clearance air monitoring by a third party certified asbestos consultant. If applicable to the project, copies of abatement activities and air monitoring shall be provided to City of Flagstaff Environmental Management staff. In the event of large disturbances to ACM, compliance with the National Emission Standards for Hazardous Air Pollutants (NESHAP) 40 CFR 61, Subpart M shall be followed. Notification would be required the Arizona Department of Environmental Quality http://www.azdeq.gov/environ/air/asbestos/ 10 working days in advance of the start of a large project. This notification is not typically required for utility pipe work, but could be required for a very large project involving numerous saw cuts of utility pipes. If ACM removal is necessary on the project, the City of Flagstaff requirements for ACM disposal at the City’s Cinder Lake Landfill are as follows:

Only non-friable asbestos waste is accepted for disposal at Cinder Lake Landfill. PRIOR to disposal of non-friable ACM, obtain the necessary forms, which are:

• Non-Friable Asbestos Waste Acceptance Application and accompanying instructions

• Non-Friable Asbestos Waste Shipment Record (WSR) The Asbestos Waste Acceptance Application is available at the City of Flagstaff’s website or by contacting the City of Flagstaff Environmental Management staff. A Waste Shipment Record is required to accompany each load of non-friable asbestos waste taken to the Cinder Lake Landfill.

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Assure the non-friable ACM is properly handled and wrapped. Non-friable ACM must be thoroughly wetted using amended water PRIOR to being wrapped in 6-millimeter poly and be tightly sealed with duct tape. If the material is heavy (such as transite pipe), has sharp edges, or may easily puncture the poly wrap, a double layer of poly will be necessary. The Cinder Lake Landfill scale house attendant will inspect the load to ensure it is properly wrapped. Containers holding non-friable ACM shall be carefully unloaded and placed in a designated location. Dumping using a hydraulically lifted bed of a truck is not permitted (dump truck), as the poly wrap may be torn open. If using a large bin for disposal, attach a copy of the Waste Shipment Record to the disposal bin. If not using a City of Flagstaff disposal bin, make sure the delivery driver takes a copy of the SIGNED Non-Friable Asbestos Waste Acceptance Application and the Waste Shipment Record to the Cinder Lakes Landfill with the waste delivery. If using a City of Flagstaff disposal bin call City Environmental Services at (928) 774-0668 to schedule a pick-up for the disposal bin. Please be sure to provide the driver with the SIGNED Non-Friable Asbestos Waste Acceptance Application and the Waste Shipment Record and be sure to clarify if you would like the disposal bin emptied and removed, or emptied and returned to the work site. When disposal is completed, the Landfill Manager will sign the Waste Shipment Record and landfill staff will provide or mail a copy of the Waste Shipment Record. Cutting of utility pipes generates Regulated Asbestos Containing Material (dust from cutting) and breaking pipes may generate RACM. RACM requires disposal at the Joseph City Landfill or at other landfills located in southern Arizona. All work relating to the removal and disposal of unknown and/or unanticipated hazardous materials as described above shall be paid per MAG 109.4.3. 107.8 107USE OF EXPLOSIVES: (first paragraph, revise second sentence to read as follows) The Contractor shall submit a blasting plan for approval and obtain a Blasting Permit from the City of Flagstaff Fire Department, located at 211 W. Aspen Avenue, Flagstaff, Arizona. (revise to include the following) The Contractor shall submit a copy of the approved blasting plan to the Project Manager. The plan shall include as a minimum; safety layout, drilling pattern, size and depth of bore, weight and type of charge, delay sequence, contractor's anticipated peak particle velocity at the right-of-way line or nearest structure, and the proposed seismograph locations. A record of each blast shall be kept and all records including seismograph reports shall be available for inspection. Each record shall provide as a minimum; location, date and time of blast, name of person in charge, number of holes burdened, spacing, diameter and depth of holes, boring logs to determine top of rock, type and total amount of explosives used, direction and distance to nearest building, type of detonators and delay periods used, and exact locations of seismographs.

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When blasting operations are to be conducted within 200 feet of a water line, sewer line or other underground utility, the Contractor shall take additional precautionary measures. The Contractor shall notify the owner of the facility a minimum of two weeks in advance that such blasting operations are intended. At their discretion, the Owner may perform pre-blast, post-blast pressure tests or other inspection of the facility. If any damage occurs because of blasting operations, the Contractor shall be responsible for the restoration of the facility to pre-blast conditions. 107.9 PROTECTION AND RESTORATION OF PROPERTY AND LANDSCAPE: (revise to include the following) The Contractor is responsible for replacing and/or restoring the site, landscaping and owner’s improvements associated with the project to the pre-existing condition using in-kind materials. All cost shall be included in the bid as incidental to the work, unless otherwise specified in the bid schedule or plans. Within easements, the Contractor is responsible for removing existing improvements and salvaging items (not identified for removal) for relocation after the public improvements are completed. Close coordination between the Contractor and property owners and/or residents is required. 107.11 CONTRACTOR'S RESPONSIBILITY FOR UTILITY PROPERTY AND

SERVICES: (revise to include the following) All power poles, pedestals, guy wires and underground facilities shall be removed and/or relocated by the respective owners of the facilities. The contractor is responsible for the notification and coordination with the utility companies to ensure that this work is accomplished in a manner consistent with the construction schedule. Payment for Franchise Utility coordination and location is incidental to the cost of the work. The Contractor shall perform utility potholes and identify potential conflicts prior to trenching. The utility pothole information and identification of potential conflicts shall be provided to the Project Manager at least two weeks prior to performing trenching or pipeline construction. SECTION 108 - COMMENCEMENT, PROSECUTION AND PROGRESS 108.1 NOTICE TO PROCEED: (revise to include the following) Time is of the essence in submitting the initial and revised construction schedule and traffic control plan. Each is a requirement that precedes the Contractor's right and the City's obligation to proceed with the agreement.

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The Notice to Proceed shall be issued for a start date no later than twenty-seven (27) calendar days following receipt of the Notice of Award. The Contractor shall be required to submit a construction schedule and traffic control plan in accordance with the Contract Documents and the following: The Contractor shall within seven (7) calendar days of receiving the Notice of Award, submit a construction schedule and traffic control plan to the Project Manager. The Project Manager shall promptly review the construction schedule and traffic control plan and either approve them, or provide a written list of the items that will require revision. The Contractor shall submit the revised construction schedule and traffic control plan within five (5) calendar days of receiving the Project Manager's list of required revisions. The corrected construction schedule and traffic control plan submittal shall address all comments from the Project Manager's list of required revisions. If the Project Manager approves the second submission of the construction schedule and traffic control plan, a notice will be issued specifying the date on which the Contractor may proceed with the work. If it is determined that the construction schedule and/or traffic control plan are not adequate to manage the contract, the Contractor shall be notified in writing. Within three (3) full business days following receipt of the notice, the Contractor shall elect to: 1. Submit a revised final construction schedule and traffic control plan together with a

cashier's check or bank draft in the amount of two and one half (2 1/2) percent of the contract price as liquidated damages for the delay time lost to that date; or

2. Do nothing, in which case this contract shall be deemed terminated at the Contractor's election. The Contractor shall then have no right or duty to continue performance and the City shall be released from all liability to the Contractor under this agreement.

In the event the Contractor elects the first alternative, the Project Manager shall approve the final construction schedule and traffic control plan if acceptable, in which case the City shall be entitled to the liquidated damages or shall reject the construction schedule and traffic control plan and return the check or draft. In the latter event, the contract shall be deemed terminated, the liquidated damages provision shall not apply, and the City shall be entitled to recover its actual damages incurred for the Contractor's breach of agreement. 108.3 CORRESPONDENCE TO THE CONTRACTOR: (revise to include the following) In addition to written communication to the Project Manager, the Contractor shall provide and maintain a contact located within ten miles of the job site at all times throughout the duration of the Contract. The designated contact shall be accessible by telephone at all times to respond to agency requirements and emergencies. The local location and phone number(s) shall be provided to the Project Manager prior to issuance of the Notice to Proceed. Any changes of the location or phone number(s) shall be reported immediately to the Project Manager. If a response is needed, the Contractor is required to respond and perform the repairs and/or maintenance within two (2) hours of notification from the City. If the needed repairs and/or maintenance are not addressed within the timeframe, the City will accomplish the work and deduct the cost from monies due or become due to the Contractor.

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108.4 CONTRACTOR'S CONSTRUCTION SCHEDULE: (revise to include the following) The Contractor’s schedule shall include, as a minimum, the following:

Identification of project tasks with assigned dates and durations, which reflect anticipated sequencing of construction activities on scheduled working days;

All anticipated subcontractors that will be used during the course of the work; The anticipated number of crews to expedite the progress and ensure prompt completion of the

work; Definition of a crew;

personnel (e.g. operator, laborer) equipment (e.g. Cat 325 Excavator, 950 Loader) workdays anticipated or scheduled per week (e.g. Monday through Friday) work hours anticipated or scheduled per day (e.g. 7:00 am to 3:30 pm)

Anticipated adverse weather days for weather dependent activities, weekends and holidays. Specific long lead times for delivery of equipment and materials; Critical path project schedules may be required as provided for by the Special Provisions or

Project Addenda. 108.5 LIMITATION OF OPERATIONS: (third paragraph, revise to read as follows) Except in emergencies endangering life or property, written permission shall be obtained from the City prior to performing any work on weekends, legal holidays or after regular work hours (hereinafter defined as 7:00 a.m. to 5:00 p.m. - Monday through Friday). Inspection and testing will not be provided on Sundays or City legal holidays without prior approval from the Project Manager (72-hour advance notice) and total compensation by the Contractor for any necessary personnel, equipment and services. Overtime compensation for City personnel shall be as follows: Construction Supervisor @ $ 43.00/hour Inspector II @ $ 35.00/hour Inspector I @ $30.00/hour Lab Tech I @ $ 25.00/hour Vehicle @ $1.80/hour 108.7 DETERMINATION AND EXTENSION OF CONTRACT TIME: (revise to include the following) The contract time, including final cleanup of the project site and storage areas, may be extended because of weather conditions that cannot be reasonably anticipated from established weather patterns. Adverse weather day patterns (identified below) were determined as being equal to or greater than twenty-five (25) percent of the historical monthly average as recorded by the National Weather Service at Pulliam Airport.

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Month January February March April May June Adverse Weather Days

7 7 8 6 4 3

Month July August September October November December Adverse Weather Days

12 11 7 5 5 6

Contract time extensions due to adverse weather may be considered warranted when actual work critical to the timely completion of the project is delayed for fifty (50) percent or more of the Contractor's scheduled workday. Number of days may include time for which job progress has been affected by adverse weather during scheduled working days. The number of days that the scheduled work is actually impacted by adverse weather shall be recorded weekly during the construction period. For delay of critical work from adverse weather experienced during the prior week’s work, the Contractor is required to submit a written claim request for additional contract time no later than the next normally scheduled weekly project meeting, The City may convert any delays meeting the above requirements to calendar days and extend the contract period as necessary. No additional compensation will be allowed for direct and indirect overhead expenses associates with any such contract time extensions. 108.8 GUARANTEE AND WARRANTY PROVISIONS: (revise to include the following) If requested by the City, the Contractor shall return to the project site eleven months after acceptance of the project and visually inspect, in the presence of the Owner's Representative, all accessible construction items and appurtenances. All defective materials and/or workmanship shall be satisfactorily repaired or replaced at the sole expense of the Contractor. All costs for the 11-month inspection and repair shall be borne by the Contractor and in figuring his or her bid, the Contractor shall include an appropriate amount for such inspection and possible required repair, and no additional payment will be allowed. 108.10 FORFEITURE AND DEFAULT OF CONTRACT: (revise to include new section) Due to Failure to Prosecute the Work If the Contractor fails to prosecute the work in accordance with the contract, including requirements of the progress schedule, the City may correct these deficiencies after three days after providing written notice to the Contractor. The cost of these remedies shall be charged against the Contractor. A change order may be issued to make the necessary changes in the contract and to make an appropriate reduction in the contract price. Such a change order shall not require the signature or approval of the Contractor. The remedy shall not prejudice the City’s use of any other remedy, which the City may be entitled to use.

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108.12 AUTHORIZED SIGNATURES: (revise to include new section) The Contractor shall provide a notarized list of all authorized signatures for project related documents. Only those individuals listed by the Contractor on the project Authorized Signature form shall be authorized to sign the contract, contract change orders, time extensions, bonds, securities, pay requests, certifications or other documents that affect the execution of the Contract. 108.13 SUBSTANTIAL COMPLETION: (revise to include new section) The project is substantially complete and liquidated damages will no longer be assessed when all of the following have occurred: (A) All original bid items of work have been completed, accepted and pedestrian and vehicular traffic can move unimpeded through the project; (B) The only work left for completion is incidental, causes no disruption to pedestrian and vehicular traffic, and does not affect the safety and convenience of the public; The decision whether the project is substantially complete is within the sole discretion of the Project Manager. Once substantial completion is granted, the Contractor shall actively work to achieve Final Acceptance of the construction phase of the Contract within 15-calendar days from the Substantial Completion date of that phase. Failure to prosecute the remaining work within this time-period will result in the resumption of time charges and the application of liquidated damages from the date scheduled for final acceptance. The Contractor is responsible for maintenance and repairs of any project work until final acceptance, at which time the City will accept the improvements for operation and maintenance. 108.14 SUSPENSION and TERMINATION: (revise to include new section) City’s Right to Stop Work City may, at its discretion and without cause, order Contractor in writing to stop and suspend the Work. Such suspension shall not exceed one hundred and eighty (180) consecutive days. Contractor may seek an adjustment of the Contract Price and/or Contract Time if its cost or time to perform the Work has been adversely impacted by any suspension or stoppage of Work by City.

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Termination for Convenience Upon receipt of written notice to Contractor, City may, at its discretion and without cause, elect to terminate this Agreement. In such event, City shall pay Contractor only the direct value of its completed Work and materials supplied as of the date of termination. Contractor shall be entitled to profit and overhead on completed Work only, but shall not be entitled to anticipated profit or anticipated overhead. If the City suspends the Work for one hundred eighty-one (181) consecutive days or more, such suspension shall be deemed a termination for convenience. Upon such termination, Contractor shall proceed with the following obligations.

1. Stop Work as specified in the notice. 2. Place no further subcontracts or orders. 3. Terminate all subcontracts to the extent they relate to the work terminated. Contractor shall

ensure that all subcontracts contain this same termination for convenience provision.

4. At the City’s sole discretion and if requested in writing by the City, assign to the City all right, title and interest of Contractor under the subcontracts subject to termination.

5. Take any action that may be necessary for the protection and preservation of the property related to this Agreement that is in the possession of Contractor and in which the City has or may acquire an interest.

6. Contractor shall submit complete termination inventory schedules no later than one hundred twenty (120) days from the date of the notice of termination.

The City shall pay Contractor the following: 1. The direct value of its completed Work and materials supplied as of the date of termination. 2. The reasonable and direct, actual costs and expenses attributable to such termination.

Reasonable costs and expenses shall not include, among other things, anticipated profit, anticipated overhead, or costs arising from Contractor’s failure to perform as required under this Agreement.

3. Contractor shall be entitled to profit and overhead on completed Work only, but shall not be entitled to anticipated profit or anticipated overhead. If it is determined that Contractor would have sustained a loss on the entire Work had they been completed, Contractor shall not be allowed profit and the City shall reduce the settlement to reflect the indicated rate of loss.

Contractor shall maintain all records and documents for three (3) years after final settlement. These

records shall be maintained and subject to auditing as prescribed in Section 7.7. The City’s Right to Perform and Terminate for Cause If the City provides Contractor with a written order to provide adequate maintenance of traffic, adequate cleanup, adequate dust control or to correct deficiencies or damage resulting from abnormal weather conditions and Contractor fails to comply in a time frame specified, the City may have work accomplished by other sources at Contractor’s sole expense.

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If Contractor persistently fails to 1. provide a sufficient number of skilled workers, 2. supply the materials required by the Contract Documents, 3. comply with applicable Legal Requirements, 4. timely pay, without cause, sub-consultants and/or subcontractors, 5. prosecute the Work with promptness and diligence to ensure that the Work is

completed by the Contract Time, as such times may be adjusted, or 6. perform material obligations under the Contract Documents, then the City, in addition to any other rights and remedies provided in the Contract Documents or by law, shall have the rights set forth below.

Upon the occurrence of an event set forth above, City may provide written notice to Contractor that it intends to terminate this Agreement unless the problem cited is cured, or commenced to be cured, within seven (7) days of Contractor’s receipt of such notice. If Contractor fails to cure, or reasonably commence to cure, such problem, then City may give a second written notice to Contractor of its intent to terminate within an additional seven (7) day period. If Contractor, within such second seven (7) day period, fails to cure, or reasonably commence to cure, such problem, then City may declare this Agreement terminated for default by providing written notice to Contractor of such declaration. Upon declaring this Agreement terminated and for the purpose of completing the Work, City may enter upon the premises and take possession of all materials, equipment, scaffolds, tools, appliances and other items thereon, which have been purchased or provided for the performance of the Work. Contractor hereby transfers, assigns and conveys all items, which have been purchased or provided for the performance of the Work to the City for such purpose and to employ any person or persons to complete the Work and provide all of the required labor, services, materials, equipment and other items. In the event of such termination, Contractor shall not be entitled to receive any further payments under the Contract Documents until the Work shall be finally completed in accordance with the Contract Documents. At such time, Contractor shall be entitled to be paid only for Work performed and accepted by the City prior to its default. If City’s cost and expense of completing the Work exceeds the unpaid balance of the Contract Price, then Contractor shall be obligated to pay the difference to City. Such costs and expenses shall include not only the cost of completing the Work, but also losses, damages, costs and expense, including attorneys’ fees and expenses, incurred by City in connection with the re-procurement and defense of claims arising from Contractor’s default. If City improperly terminates the Agreement for cause, the termination for cause shall be converted to a termination for convenience in accordance with the provisions of 108.14

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SECTION 109 - MEASUREMENTS AND PAYMENTS 109.1 MEASUREMENT OF QUANTITIES: (revise to include the following) It is the responsibility of the Contractor to conform to the Contract Documents, including plans, typical sections and specifications including but not be limited to dimensions, materials, application rates and densities. The Contractor shall take all actions necessary to ensure that the work conforms to the contract documents. The Contractor shall cooperate fully with the Project Manager or Project Manager's representative to correct any known nonconformity to the contract documents. 109.1 MEASUREMENT OF QUANTITIES: (delete the second paragraph) Unless otherwise specified, longitudinal and surface (plane) measurements will be made in a horizontal plane. PART 200 - EARTHWORK SECTION 201 - CLEARING AND GRUBBING 201.3 CONSTRUCTION METHODS: (revise to include the following) The Contractor shall make every effort possible to avoid damaging existing trees. In the event that any trees suffer limb damage, the Contractor shall cut branches to the nearest branch crotch or to the branch collar at the trunk. No separate payment will be made for trimming trees. The cost shall be considered incidental to the work. SECTION 205 - ROADWAY EXCAVATION SECTION 205 – ROADWAY EXCAVATION 205.1 DESCRIPTION (revise to include the following) The bid schedule unit cost for excavation, backfill and embankment work shall include the cost of rock excavation, handling rock or disposing of rock and no separate measurement or payment shall be made. Rock shall be defined as any highly cemented or hard material that may require additional efforts for removal, handling or disposal.

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205.2 UNSUITABLE MATERIAL: (third paragraph, revise to read as follows) Should unsuitable material be encountered at subgrade elevation in cut areas or at existing grade in fill areas, the unsuitable material shall be removed and replaced with suitable fill material in accordance with MAG Section 210 and MAG Section 211. Determination of unsuitable material and the limits and depths of required removal and replacement shall be at the sole discretion of the Project Manager. In no case shall any unsuitable material be removed without prior written consent of the Project Manager. Measurement and payment for removal and replacement of unsuitable material will be by the cubic yard as shown in the proposal. Payment shall be compensation in full for the work complete and in-place including any borrow, permits, pit royalties, all excavation, hauling, placing, compacting, conditioning, watering and proper disposal, together with all appurtenant costs. 205.3 MEASUREMENT (revise to include the following) Earthwork is incidental to the roadway construction and no additional payment will be made for roadway excavation. The Contractor shall be responsible for estimating and accounting for earthwork import and haul off. It is recommended that the Contractor review the report on geotechnical investigation and sampling results. PART 300 -- STREETS AND RELATED WORK SECTION 301 - SUB-GRADE PREPARATION 301.1 DESCRIPTION: (revise to include the following) The untreated base or prepared subgrade shall be test rolled in the presence of the Project Manager prior to the placement of asphalt paving materials. The equipment used to perform the test roll shall be approved by the Project Manager. The Contractor shall be responsible for scheduling this test roll with the Inspector during regularly scheduled work. All costs associated with the test roll shall be considered incidental to and included in the cost of sub-grade preparation. SECTION 336 - PAVEMENT MATCHING AND SURFACING REPLACEMENT 336.1 DESCRIPTION: (first paragraph, revise to include the following) The exact points of pavement matching shall be determined in the field by the Project Manager.

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Amended March 2017

336.2 MATERIALS AND CONSTRUCTION METHODS: 336.2.1 PAVEMENT WIDENING OR EXTENSIONS: (first paragraph, revise second sentence to read as follows) The minimum depth of cut shall be four (4) inches or Depth/4, whichever is greater. PART 400 -- RIGHT-OF-WAY AND TRAFFIC CONTROL SECTION 401 - TRAFFIC CONTROL 401.5 GENERAL TRAFFIC REGULATIONS: (revise to include the following) Within seven (7) calendar days following receipt of the Notice of Award and in accordance with Section 108.1 of these General Provisions, the Contractor shall submit to the Project Manager a traffic control plan that shows the control of traffic in accordance with Part VI of the FHWA Manual on Uniform Traffic Control Devices for all phases of the work. The plan should include nights, weekends, shut down periods and an approximate schedule of street closures and detours. The Traffic Control Plan is to detail the Contractor's proposal for routing traffic and pedestrians around the areas of construction. The Plan shall be coordinated with the proposed construction schedule and show how the locations of the various traffic and pedestrian control devices will change as construction progresses. The Plan shall allow for complete detours around the work areas. Private and commercial driveways shall not be closed for any period exceeding eight hours during any twenty-four-hour period. The affected resident and the City shall be notified 48 hours in advance of any closure. Convenient access to driveways, houses and buildings along the line of work shall be maintained and temporary crossings or alternate access shall be provided and maintained in good condition, except during that period mentioned above. Business access shall be maintained at all times by at least one driveway. (eleventh paragraph, revise to read as follows) The Contractor will reinstall all permanent traffic control devices as required by the approved construction plans and specifications. (twelfth paragraph, delete the last sentence) Delete - The Traffic Engineering Department will reinstall all traffic signs.

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Amended March 2017

401.7 PAYMENT: (revise paragraph to read as follows) Payment for all work and materials required to prepare a traffic control plan and provide traffic control during construction shall be made at the lump sum price shown on the Bid Schedule. Full compensation for any required traffic control devices, flaggers, uniformed off-duty law enforcement officers, pilot cars and drivers shall be included in the lump sum contract price and no additional payment shall be allowed. Progress payments shall be made based on the Contractor’s estimate for percent complete as approved by the Owner. SECTION 425 TOPSOIL 425.2 MATERIALS: (revise to read as follows) Overburden topsoil shall be salvaged and reused when possible. All topsoil, whether overburden or imported, shall be free of roots, heavy clay, clods, noxious weed seeds, coarse sand, large rocks, sticks, brush, litter and other deleterious material and meet the requirements of MAG Section 795. The Project Manager's approval of the proposed topsoil shall be obtained before delivery to the project. 425.4 MEASUREMENT: (revise paragraph to read as follows) Topsoil shall be measured lump sum, complete and in place unless indicated otherwise by the bid schedule. 425.5 PAYMENT: (revise to read as follows) Topsoil will be paid for in accordance with the contracted price for furnishing and placing topsoil, as described and specified. Progress payment shall be made based on the Contractor’s estimate for percent complete as approved by the Owner. SECTION 431 – EROSION CONTROL (revise to include new section as follows) 431.1 DESCRIPTION Erosion control applies to improvements within the city and as part of the erosion control section of a Storm Water Pollution Prevention Plan (SWPPP). Materials, means and methods for erosion control and stabilization, Best Management Practices (BMPs), Erosion Control Plans (ECPs) and SWPPPs are described in the City of Flagstaff Stormwater Design Manual.

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Amended March 2017

The Contractor shall stabilize all disturbed areas within the project site and as shown on the plans. Work shall be performed according to the provisions of this Section and shall include but not be limited to the furnishing, hauling, placement and application of erosion control materials.

The Contractor is responsible for complying with the requirements of the National Pollutant Discharge Elimination System (NPDES) permit program. This generally includes submittal of a Notice of Intent to the Arizona Department of Environmental Quality (ADEQ) and Notice of Termination to ADEQ for the project. Preparation and implementation of a Storm Water Pollution Prevention Plan (SWPPP) for the site is required per ADEQ and City of Flagstaff standards.

The cost for complying with the NPDES permit and the SWPPP, including the erosion control devices, shall be included in the NPDES & SWPPP Requirements portion of the Contractor’s bid. It is recommended that contractors see the ADEQ Smart NOI (Notice of Intent) program website (http://az.gov/webapp/noi/main.do) for information and processes. Progress payment shall be made based on the Contractor’s estimate for percent complete as approved by the Owner. 432.1 NATIVE SEEDING All areas to be seeded that are accessible to machinery shall be tilled to a minimum depth of four (4) inches. Areas inaccessible to machinery shall be hand tilled and prepared to a minimum depth of two (2) inches. Cut slopes of 2:1 or steeper do not require tilling. Cultivation on sloping terrain shall run perpendicular to the direction to the slope. If weeds or herbaceous plant material interferes with proper seedbed preparation, the contractor shall remove them from the seedbed. Contractor shall remove and dispose of all debris and other objectionable material that may interfere with seeding operations. The area to be seeded shall be relatively smooth and all surface irregularities (e.g. rills, tire marks) shall be filled and firmed to conform to the desired cross sections. The seedbed shall be rolled both before and after the seeding operation with a minimum of one pass of a cultipacker or drag harrow. Seed shall be sown when conditions will promote germination and growth. Normal non-irrigated permanent native seed application dates are between April 1 and June 15, between August 15 and September 20 and after the first frost (recurring overnight temperature of 28 degrees F) until snowfall. Seeding work shall be performed only after planting and other work affecting ground surface is complete. To assist in establishment of the permanent seed mix, a nurse crop shall be used for this work. Preapproved nurse crop seed shall be one of the following, incorporated with the specified permanent seed mix;

Annual ryegrass (Lolium multiflorum) 30 lbs/acre Oats (Avena sativa) 60 lbs/acre Regreen© (Triticum aestivum x Elytrigia elongata) 30 lbs/acre

Alternative species may be acceptable but are subject to prior approval from the City Project Manager or duly authorized representative.

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Amended March 2017

When cut or fill slopes are greater than six (6) feet in height and steeper than 3H:1V, the seeded area shall be covered with American Excelsior Company straw/coconut blanket or an approved equal. Installation shall be per the manufacturer’s written directions.

440.10. (D) SEQUENCING (add the following section) The irrigation system shall be installed, inspected, approved and operable prior to the installation of plant materials, landscape fabric and ground plane treatments (decomposed granite, landscape rock, mulch, etc.) PART 600 - WATER AND SEWER SECTION 601 - TRENCH EXCAVATION, BACKFILLING AND COMPACTION 601.2 EXCAVATION: 601.2.1 GENERAL: (revise to include the following) All excavation, including trench excavation, shall be performed in any substance and material encountered. The cost is considered incidental to and is to be included in the price for the bid item to be constructed or installed. No special payment shall be made for trench excavation other than rock excavation as specified under Trench Rock Excavation. Trench Rock Excavation Trench rock is defined as consolidated igneous, metamorphic and/or sedimentary material in the original bed and/or in well-defined ledges that cannot be removed by a mechanical method and therefore requires pneumatic hammering, drilling or blasting for removal. Example of mechanical methods include hand tools, trenching machine, backhoe, >195 horsepower hydraulic excavator with ripping teeth or equivalent. Boulders and pieces of rock having a volume of more than 27 cubic feet (1 cubic yard) shall be considered rock. For projects where trench rock excavation is anticipated, the estimated contingent quantity is shown in the proposal under the applicable bid item. The contingency quantity is an estimate only and no guaranty is given that any portion will be utilized. Trench rock excavation will be paid for separately at the unit price bid per cubic yard for Trench Rock Excavation. Measurement of Trench Rock Excavation shall be per cubic yard in place. This volume of rock will be measured by the City representative, using the maximum trench width allowed in accordance with MAG Table 601-1, the lineal footage of actual rock excavation required and the actual depth of rock as determined by inspection of the trench after rock excavation and before backfilling.

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Amended March 2017

PART 700 - MATERIALS SECTION 710 - ASPHALT CONCRETE 710.1 GENERAL: (revise to include the following) The asphaltic concrete designation shall be 3/4 inch, except as required by the project plans or Special Provisions.

End of Document

CITY OF Flagstaff Milton Road Sewer Rehabilitation

Project Number: 16-001980

SPECIAL PROVISIONS TABLE OF CONTENTS (Continued)

P:\Flagstaff City of\149417 - Milton Ave Sewer Repair\Deliverables\Specifications\100 Percent\Revised 100 Percent\Phase 2 - Pipeline Rehab\01 TOC.docx ii

DIVISION 11 – EQUIPMENT

NOT USED

DIVISION 12 – FURNISHINGS

NOT USED

DIVISION 13 – SPECIAL CONSTRUCTION

NOT USED

DIVISION 14 – CONVEYING SYSTEMS

NOT USED

DIVISION 15 – MECHANICAL

NOT USED

DIVISION 16 – ELECTRICAL

NOT USED

DIVISION 17 – INSTRUMENTATION

NOT USED

02605-1

SECTION 02605

SANITARY SEWER MANHOLE REHABILITATION WITH COATING SYSTEMS PART 1--GENERAL 1.01 DESCRIPTION This section specifies the coating system used for rehabilitation of brick or concrete sanitary sewer manholes to protect against corrosion. The work included under this section consists of furnishing all labor, equipment, materials and incidentals required to rehabilitate existing concrete manholes. Rehabilitation shall consist of concrete patching, restoration of manhole bench and channels, and coating as shown on the Drawings. Work shall include, but not be limited to, flow bypassing; cleaning of concrete surfaces; reinforcing steel preparation and repair; built back of deteriorated concrete; re-channeling to improve flow characteristics within manholes; application of coating, including surface preparation; coating of exposed metals and chimney; and testing.

1.02 NOT USED 1.03 CERTIFIED APPLICATOR

The coating system shall be applied by an Applicator certified by the coatings system manufacturer. The certification program shall include an annual renewal. The training outline for the certification program shall be submitted to the Owner for review. The Contractor shall provide evidence that the personnel performing the product application for each project received the manufacturer’s training for certification. 1.04 NOT USED 1.05 NOT USED 1.06 MANUFACTURER’S WARRANTY

A. A written warranty against coating failure shall be provided for the entire coating system, including all repair material, defect fillers, primers, intermediate, and finish coats. The minimum duration of the warranty shall be 5 years. The product and the installation may both be covered by the manufacturer’s warranty, or separate warranties may be issued by the manufacturer and the installer.

B. This warranty shall state that the coating will not fail for a minimum period of

5 years. Coating failure is defined as blistering, cracking, embrittlement, or softening, or failure to adhere to the substrate. The warranty shall also apply

02605-2

to any repair materials, primers, or other products used in the application. If any repair or replacement is necessary within the warranty period, a new 5-year warranty period shall start at the date that the manhole is placed back into service.

1.07 PRODUCT TESTING

If an approved product is not used, the product shall obtain preapproval by the Owner. To obtain preapproval, a product submittal shall be sent to the Owner documenting all requirements within this Specification and as follows:

A. The manufacturer shall submit the results of third-party testing to the Owner and Engineer.

B. Testing for resistance to sulfuric acid and other compounds. Coatings, as

applied to the manhole, must be chemically resistant when subjected to a 10 percent solution of sulfuric acid. Chemical resistance to be determined using American Society for Testing and Materials (ASTM) G 20 – 88 (2002), modified as follows and with no further modifications:

• Test specimens to be solid concrete cylinders having a maximum

length of 6 inches and a maximum diameter of 2-1/2 inches. Coating to be applied to all surfaces of each test specimen except the base.

• Separate test specimens to be subjected to each of six test

reagents of varying pH, to include vapor- and immersion-phase deionized water (pH of 5 to 6), vapor- and immersion-phase 10 percent sulfuric acid (normal conditions), and vapor- and immersion-phase 30 percent sulfuric acid (accelerated test conditions to approximate longer-term exposure to 10 percent sulfuric acid).

• Separate test specimens to be subjected to each of the following

three reagents: 1) grease, 2) a 10 percent (by weight) detergent in water solution, and 3) 700 parts per million biochemical oxygen demand.

• A separate test specimen to be subjected to gasoline for a period of

one week; observations to be made and recorded on a daily basis. • All testing to be done for a total of 6 months for each test specimen,

unless specifically noted otherwise. • A “control” test specimen to be maintained for comparison of

immersed specimens throughout testing.

02605-3

For this Specification, acid concentration in terms of “percent” is defined as weight of solute per volume of solution. A sulfuric acid concentration of 10 percent contains 100 grams of sulfuric acid per liter of acid solution, which is the same as 1.02 moles of sulfuric acid per liter of acid solution. A sulfuric acid concentration of 30 percent contains 300 grams of sulfuric acid per liter of acid solution, which is the same as 3.1 moles of sulfuric acid per liter of acid solution. Estimated pH values for 10 percent and 30 percent sulfuric acid solutions are -0.01 and -0.49, respectively.

After exposure to the solutions, specimens shall not exhibit any weight loss, spalling, cracking or blistering. Any changes to appearance such as color and texture shall be noted. Specimens shall be tested for the properties listed in 02605-1.07 C. Adhesion of the coating to the substrate shall be tested per ASTM D4541, and the mode of failure shall be such that the substrate fails before the coating separates from the substrate.

C. Physical Testing. Results of the following tests, performed on cured and

coated concrete specimens after being subjected to sulfuric acid resistance testing per 1.07B above, shall be provided.

1. Compressive Strength – ASTM C579 – > 4,000 psi.

2. Water Vapor Transmission – ASTM D1653, Method B – < 0.25 grams/ 100 sq. in. in 24 hrs.

3. Water Absorption – ASTM D543, Procedure A with distilled water – < 0.5% in 30 days following 14 days of cure.

4. Abrasion Resistance – ASTM D4060 – < 125 mg loss/1,000-gram load in 1,000 cycles in 14 days using a CS17 wheel.

5. Flexural Strength and Modulus of Elasticity – ASTM D790 – 500,000 psi.

6. Tensile Strength – ASTM D638 – > 2,000 psi.

7. Elongation - ASTM D638 – > 1.0 percent.

8. Adhesion – ASTM D4541 – > 200-psi pull/substrate failure. 1.08 INSPECTION HOLD POINTS

At certain stages in the coating application process, the Contractor shall request

approval from the Engineer to proceed with the next stage of the installation. The Contractor shall provide 24-hour notice that approval of an inspection hold point is needed. The Engineer shall respond to the approval request within 24 hours. Failure to receive authorization from the Engineer at one of the designated inspection hold points may

02605-4

prevent the acceptance of the work by the Engineer on behalf of the Owner. The following are the designated inspection hold points for each installation.

1. Completion of surface repairs, reprofiling, and preparation. 2. Completion of primer application. 3. Completion of application of final coating. 4. Completion of holiday testing and retesting.

1.09 DELIVERY AND STORAGE

Materials shall be delivered in original marked containers and stored according to manufacturer’s recommendations.

1.10 ENVIRONMENTAL CONDITIONS

The products furnished under this Section will be installed in sanitary sewer

manholes. The products will be exposed to the extremes of temperatures and humidity. In addition, the products will be exposed to corrosive, abrasive and reactive liquids and gasses associated with wastewater conveyance. The products will be immersed or intermittently immersed in wastewater, and the product surfaces are subject to splashing of wastewater.

1.11 SUBMITTALS

A. The following information shall be provided:

1. Certificate of responsibility attesting that the Contractor has

assigned, and that the Applicator accepts responsibility for, installation of the products specified herein.

2. Manufacturer’s certification attesting that the Applicator is qualified

and approved to install the products specified herein. In addition, the following Applicator qualifications shall be provided:

a. Current Arizona Contractor’s AE license or equivalent

(specifically for the rehabilitation of concrete manholes). If the manhole(s) to be rehabilitated is (are) brick, then the AE license or equivalent shall state for the rehabilitation of concrete and brick manholes.

3. Written warranty per 02605-1.06. 4. Product test results as described in paragraph 02605-1.07.

5. Manufacturer’s specification containing instructions and quality-

control procedures meeting the following requirements:

02605-5

a. Instructions shall include, at a minimum: surface preparation (including repairs and reprofiling), curing times, curing methods, special equipment, and coating dry film thickness.

b. Limitations, exceptions, precautions, and requirements that

may adversely affect the performance of the coating shall be clearly and completely stated in the instructions and the Bid Documents. If the manufacturer’s requirements differ from these Specifications, the instructions shall clearly state where deviations are required. Temperature and humidity limitations for minimum and maximum conditions are to be included.

6. Product data per 02605-2.02.

PART 2--PRODUCTS 2.01 MANHOLE COATINGS

A. APPROVED PRODUCTS:

1. Raven 405, as manufactured by Raven Living Systems, 1024 North Lansing Avenue, Tulsa, OK, 74106.

B. GENERAL:

1. Coating systems shall be compatible with the concrete or brick surface preparation methods as specified herein. Any limitations or deviations requested by the manufacturer shall be approved in writing by the Engineer prior to surface preparation.

2. Epoxy-based coatings shall be applied within 2 months of their date

of manufacture (unless the manufacturer’s requirements are more stringent), or otherwise approved in writing by the Engineer.

3. Thicknesses specified herein are the minimum dry film thickness

required and do not include the primer thickness, unless otherwise noted. The Owner requires a minimum thickness of 125 mils. Provide greater thickness where recommended by the manufacturer.

4. Primer shall be as recommended by the manufacturer for each

installation.

5. Defect filler and repair materials shall be as recommended by the manufacturer for each installation.

02605-6

6. Manhole infiltration control material shall be as recommended by the manufacturer for each installation, and shall be covered under the same warranty as the rest of the coating system.

2.02 PRODUCT DATA

Before materials are delivered to the job site, the Contractor shall provide material safety data sheets for all products used in the coating system. 2.03 CORROSION INHIBITOR FOR REINFORCING STEEL Reinforcing steel, exposed by corrosion or during surface preparation operations, shall be treated with a water-based epoxy resin, anti-corrosion coating and bonding agent such as Armatec 110 EpoCem, manufactured by the Sika Corporation, or approved equal. 2.04 CHIMNEY SEAL Manhole chimney and manhole frame shall be sealed with an elastomeric lining composed of fiber-reinforced, asphalt-modified urethane, Sauereisen Manhole Chimneyseal No. F-88, or equal. 2.05 BONDING COMPOUNDS All surfaces where new concrete will bond with existing concrete shall be coated with a bonding compound as recommended by the manufacturer of the concrete repair material. 2.06 ACID-RESISTANT MORTAR Acid-resistant mortar shall be used for bench restoration. The mortar shall be applied to a depth of at least 3/4-inch. The finish surface shall be hand-troweled to smooth and finish the bench and channel. PART 3--EXECUTION 3.01 COATINGS

Single-finish coat systems shall be used, with a minimum thickness of 125 mils. Unless otherwise specified, the finish coat shall not be applied until other work in the area is complete and until the previous primer or underlayment coat has been inspected. The Contractor shall request approval authorization at all inspection hold points, per 02605-1.08.

02605-7

3.02 PREPARATION A. GENERAL:

1. Before applying coating or surface treatments, the Contractor shall

clean and prepare the manhole as specified in paragraph 02605-3.04. The Owner shall inspect and approve the cleaning and preparation prior to any subsequent work.

2. The Contractor shall examine all surfaces to be coated and shall

correct all surface defects as specified in paragraph 02605-3.04 before application of any coating.

3. The Contractor shall follow the requirements of this Specification and

the manufacturer's recommendations in terms of surface preparation, application equipment and techniques, and environmental limitations.

4. The general resurfacing limits of repair shall be defined by the

Drawings, with minor adjustments as directed by the Engineer based upon conditions observed.

B. ENVIRONMENTAL LIMITS:

Lining and concrete repair shall not be performed if environmental conditions are not within the manufacturer(s) recommended limits. No lining work shall be performed under the following conditions:

1. Temperatures exceeding the manufacturer's recommended

maximum and minimum allowable. 2. Dust- or smoke-laden atmosphere. 3. Damp or humid weather where relative humidity is above

manufacturer's maximum allowable.

The Project is located in a sanitary sewer environment where the work will be exposed to hydrogen sulfide laden air and extended periods of high relative humidity. These "normal atmospheric conditions" may restrict the application and inhibit the cure of the specified lining systems. The Contractor shall provide facilities to maintain substrate and atmospheric conditions within the controlled environment, with respect to temperature and relative humidity, within the limits established by the manufacturer of the product(s) selected to ensure proper application and cure of the lining systems.

02605-8

3.03 SEWAGE FLOW AND DIVERSION

A. Provide means, labor, and equipment to divert flow from pipelines entering the manhole as necessary to prevent sewage flow from contacting surfaces to be coated.

B. If bypass pumping is utilized, refer to Specification section 02767-3 for

additional details regarding bypass pumping. C. Provide means, labor, and equipment to prevent solid waste generated

during construction activities from entering the sewage flow.

3.04 MANHOLE CLEANING AND PREPARATION A. Contractor and Engineer shall inspect all surfaces specified to receive a

coating system prior to surface preparation. Contractor shall notify Engineer of any noticeable disparity in the surfaces which may interfere with the proper preparation or application of the coating system.

The entire manhole interior including frame, walls, and bench, shall be

cleaned prior to rehabilitation using either abrasive -blasting and/or high-pressure water blast as recommended by the coating and/or repair product manufacturer, and approved by the Engineer. Where mechanical cleaning is accomplished by blast cleaning, the abrasive used shall be washed, graded and free of contaminants which might interfere with the adhesion of the coatings. The air used for blast cleaning shall be sufficiently free of oil and moisture to not cause detrimental contamination of the surfaces to be coated. All concrete, brick, or mortar that is not sound or has been damaged by chemical exposure shall be removed to a sound, neutralized surface.

All contaminants including oil, grease, incompatible existing coatings, waxes, form release, curing compounds, efflorescence, sealers, salts, or other contaminants shall be removed. Detergent water cleaning and hot-water blasting may be necessary to remove oils, grease, or other hydrocarbon residues from the concrete. A mild chlorine solution may be used to neutralize the surface to diminish microbiological bacteria growth prior to final rinse and coating system. Contractor shall also remove all dirt, rocks, rust, spalled masonry (including mortar, concrete, and brick), roots, sludge, grit, and other deleterious materials and debris from the interior of the manhole. If required by the Owner, the manhole shall be restored to the original surface profile. The finished interior surface shall consist of sound concrete or brick, with adequate profile and porosity to provide a strong bond between the necessary repair materials and/or coating and the substrate.

02605-9

Surface preparation method(s) should be based upon the conditions of the substrate, service environment, and the requirements of the coating to be applied. Debris from cleaning operations shall be collected within the manhole and disposed of at an approved off-site location. Hauling containers shall be watertight.

B. Contractor shall remove all manhole steps prior to cleaning. Unless otherwise directed by the Engineer, manhole steps shall be cut using a handsaw flush with the manhole wall. Voids or holes remaining from removal of the steps shall be filled and troweled flush with the wall using a manhole-patching material approved by the manufacturer.

C. Contractor shall also be responsible for any additional surface preparation

beyond water blasting as required by the coating manufacturer. Where additional preparation is required, including abrasive-blasting, shot-blasting, grinding, scarifying or acid-etching, the Contractor shall provide all labor, materials, and equipment as necessary, and at no additional cost to the Owner. Solid blast materials shall be collected, removed and disposed of in the same manner as other cleaning debris.

D. The Contractor shall ensure that the concrete surface meets the

manufacturer’s requirements for moisture level, pH, temperature and profile. Saw-cut the perimeter of each repair area to a depth of 1/2-inch, as detailed in the Drawings. Concrete surface pH shall be greater than 7.0. DO NOT CUT REINFORCING STEEL.

E. Infiltration shall be stopped by using a material that is compatible with the

coating system and is approved for use by the Engineer. F. Test prepared surfaces after cleaning but prior to application of the epoxy

coating system to determine pH and moisture content of the concrete, as required, according to manufacturer’s recommendations.

G. Ensure that the moisture content of the surface is in accordance with the

coating manufacturer’s recommendations and/or requirements. H. The area between the manhole and the manhole ring and any other area

that might exhibit movement or cracking due to expansion and contraction shall be grouted with a watertight, expansive grout, approved for use by the manufacturer.

I. If directed by the Owner, the Contractor shall restore the manhole profile

surface to the original thickness, and replace corroded or missing reinforcement in a manner to be proposed by the Contractor and reviewed and approved by the Engineer. The restored manhole profile shall have a uniform thickness.

02605-10

3.05 REINFORCING STEEL TREATMENT A. PROCEDURES:

Where corrosion or surface preparation activities have exposed reinforcing steel, the following procedure shall be used:

1. If half the diameter of the reinforcing steel, or more, is exposed, chip

out behind the reinforcing steel a minimum of 1/2-inch for placement of grout or polymer concrete.

2. Determine section area loss of reinforcing steel. 3. Where reinforcing steel cross section area loss exceeds 15 percent

of the original reinforcing steel, perform structural repair as directed by the Engineer.

4. Abrasive-blast all exposed reinforcing steel surfaces to remove all

contaminants and corrosion products. 5. Apply a 20-mil (wet) coat of corrosion inhibitor to all surfaces of the

clean, exposed reinforcing steel with stiff brush or spray equipment. Cure to tack-free 2 to 3 hours.

6. Apply a second 20-mil (wet) coat of corrosion inhibitor and allow for

2- to 3-hour cure prior to placement of polymer mortar, cementitious mortar, or grout.

B. ABRASIVE BLASTING

1. Prior to abrasive-blasting, all salts, oil, grease, scum, or other visible contaminants shall be removed by high-pressure water blasting,

2. Blast-cleaning shall be performed using dry abrasive-blasting

procedures in accordance with ASTM D4259. Abrasive particle size and type shall be sufficient to produce the specified surface profile. Abrasive material in the blast-cleaning operation shall be free of contaminants that would interfere with adhesion of the corrosion inhibitor and shall not be reused.

3. The Contractor shall comply with the applicable federal, state, and

local air pollution control regulations for blast cleaning. 4. Abrasive-blasting hoses shall be grounded to prevent accumulation

of static electricity.

02605-11

5. Compressed air for air-blast cleaning shall be supplied at adequate pressure from well-maintained compressors equipped with oil/moisture separators which remove at least 95 percent of the contaminants.

6. The Contractor shall keep the area of his work in a clean condition

and shall not permit materials to accumulate as to constitute a nuisance or hazard to the performance of the work or the operation of the existing facilities. After abrasive-blasting, thoroughly vacuum or wash with clean water, all surfaces as required to remove dust, salts and detergent residue.

3.06 STRUCTURAL REPAIR A. GENERAL:

Perform structural repairs as directed by the Engineer. Structural repairs shall include splicing new reinforcing steel to existing reinforcing steel and providing additional reinforcing steel as directed. All reinforcing steel shall match existing reinforcing steel. Provide 3/8-inch diameter anchor bolts as needed to support reinforcing steel.

3.07 DEFECT REPAIR

A. All surface defects, including tie holes, any honeycombing or otherwise defective concrete or brick shall be repaired. All voids, holes, and rough or irregular surfaces shall be filled.

B. The Contractor shall use the repair and fill material recommended by the

coating manufacturer and approved by the Engineer to repair or fill all defects. Areas to be patched shall be cleaned. Minor honeycombed or otherwise defective areas shall be removed to solid concrete. The edges of the cut shall be perpendicular to the surface of the concrete. Patches on exposed surfaces shall be finished to match the adjoining surfaces after they have set. Finishes shall be equal in workmanship, texture and general appearance to that of the adjacent undamaged concrete or brick. Concrete with honeycombing which exposes the reinforcing steel or with defects that affect the structural strength shall be repaired. The exposed reinforcing steel shall be mechanically cleaned and coated in accordance with paragraph 02605-3.05. The proposed repair method shall be approved by the Engineer.

C. Extend all existing control and expansion joints through any patch or

repair area.

02605-12

3.08 APPLICATION

A. All coatings shall be applied in strict accordance with the manufacturer’s requirements and recommendations and any specific Owner/Agency requirements.

B. Confirm that the ambient temperature and humidity, the prepared surface

temperature and moisture content, and the temperature of the coating material to be applied are within the manufacturer’s recommended ranges. Coatings shall be applied at a time of day when the ambient temperature and humidity is expected to be steady or falling.

C. The prime and finish coast (as applicable) shall be a contrasting color.

The color of the final coat shall be chosen by the Owner, if different colors are available.

D. Ensure that pump, hoses, gun, tip, and pressure are properly matched for

the coating to be applied. Ensure that the application equipment has been properly cleaned prior to application of coating. Test spray pattern for uniformity of distribution.

E. Protect surfaces from rapid drying due to heavy wind or hot sun. F. Cure coatings in strict accordance with the manufacturer’s

recommendations prior to putting into service. G. Drying time between coats shall be as recommended by coating

manufacturer. H. The coating shall be applied to a minimum thickness of 125 mils minimum

on rehab or concrete structures previously/presently in service. The authorized Inspector shall verify and measure film thickness.

I. The Contractor shall follow coating manufacturer’s requirements for

bonding the coating systems to the installed sewer liner, if applicable. 3.09 REPAIR MANHOLE BENCH AND CHANNEL

The Contractor shall repair manhole bench and channel with acid-resistant mortar. As a minimum, Contractor shall raise manhole channel to the same elevation as high as the crown of the pipe. Manhole bench shall be sloped as shown. Minimum mortar thickness shall be 3/4-inch.

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3.10 CLEANUP

Upon completion of coating, the Contractor shall remove surplus materials, protective coverings, and accumulated rubbish, and thoroughly clean all surfaces and repair any overspray, splashes, splatters or other coating-related damage. Surfaces damaged resulting from this cleanup shall also be cleaned, repaired and refinished to the original or required condition. 3.11 TEST

A. All coated surfaces shall be spark-tested for holes. The spark tester used shall provide 12,000 volts for 125-mil thickness coatings. If pinholes are found, the Contractor shall repair the coating as recommended by the manufacturer and retest. All testing and repair work shall be at the Contractor’s expense prior to the final acceptance inspection.

B. The Contractor shall perform an adhesion test after proper cure for

15 percent of manhole structures completed on this Project, with a minimum of 2 dollies per structure tested. The Owner or Owner’s Representative will determine the structures to be tested and the location of the tests within the structure. Testing will be in accordance with ASTM D4541 to demonstrate that the specified field coatings adhere to the substrate. The adhesion test shall be witnessed by the Owner’s Representative. Test results showing an adhesion rating as specified in section 1.07-C or better on all other surfaces shall be considered acceptable. Where unacceptable test results are obtained, the Contractor shall be responsible for removing and reapplying the specified coatings at no expense to the Owner.

3.12 SAFETY AND VENTILATION REQUIREMENTS

Requirements for safety and ventilation shall be in accordance with SSPC Paint Application Guide No. 3, and all applicable federal, state and local regulations.

**END OF SECTION**

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SECTION 02767

CIPP LINING OF EXISTING SANITARY SEWER PIPE

PART 1--GENERAL 1.01 DESCRIPTION

This section specifies the cast-in-place pipe (CIPP) lining of existing sanitary

sewer pipe used for rehabilitation. The work included under this section consists of furnishing all labor, equipment, materials and incidentals required to in-situ structurally rehabilitate the existing sewer continuously from manhole to manhole. Rehabilitation shall consist of cleaning pipe segment, inspection of the pipe, and complete installation of a continuous CIPP liner between manholes as shown on the Drawings. Work shall include, but not be limited to, flow bypassing; cleaning of sewer; pre and post CIPP liner installation closed circuit television (CCTV) documentation; installation of CIPP liner; curing of CIPP liner; lateral reinstatement; installation of main line lateral seals; and material sampling and testing.

1.02 REQUIREMENTS

Contractor shall provide and install a resin-impregnated, needled polyester felt,

non-woven material tube with a plastic-coated wearing surface in all sewers identified for CIPP lining in accordance with American Society for Testing and Materials (ASTM) F1216 for the inversion installation method and ASTM F1743 for the pulled-in-place method.

A. CIPP LINER SAMPLES:

1. SAMPLE PREPARATION: The Contractor shall prepare samples of the installed CIPP liner for subsequent testing of its physical properties. Samples shall be prepared and tested using the restrained sampling or flat-plate sampling method in accordance with the procedures in Section 8 of ASTM F1216 or ASTM F1743. The samples will be constructed of the same materials (tube and resin/catalyst) as is used for that given liner installation. The samples shall be identified by: Date, Project Name, Size, Thickness, Resin and Catalyst. Contractor shall split the liner samples with the Construction Manager who will keep one sample for future reference. 2. SAMPLE TESTING. The cured sample shall be tested by an independent testing laboratory, as recommended by the CIPP liner manufacturer and approved by the Engineer, for the bending and tensile properties, as per ASTM D790 and ASTM D63,8 respectively. Chain-of-custody documentation shall be required for the samples, tracing their

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movement from the field to the testing lab. Final payment will not be made until test results are received. The Contractor shall be responsible for any deviation from the specified physical properties and those evaluated through testing. Failure to meet the specified physical properties will result in the CIPP liner being considered defective work, which will be handled in accordance with the Contract. The Contractor shall be responsible for all costs associated with the testing of the liner physical properties. 3. SAMPLING FREQUENCY: The above-stated sampling shall be performed for each separate installation of CIPP. For example, the Contractor shall provide two samples from each individual pipeline liner installed. 4. WALL THICKNESS: The wall thickness of the felt tube shall be ordered to the next standard 1.5-mm incremental thickness above the minimum calculated design thickness. Unless otherwise specified to provide for excess resin migration, the gap thickness of the wetting-out equipment shall be sized to allow an excess of 5 to 10 percent resin to pass during impregnation. The minimum wall thickness shall be determined at a minimum of three locations on a cut section of the CIPP sample using a method of measurement accurate to the nearest 0.005-inch. The minimum value shall meet the requirements of paragraph 02767 2.07.

B. CIPP LINER HANDLING:

Contractor shall exercise adequate care during transportation, handling and installation to ensure the CIPP material is not torn, cut, or otherwise damaged. If any part or parts of the CIPP material becomes torn, cut or otherwise damaged before or during insertion, it shall be repaired or replaced in accordance with the manufacturer’s recommendations and approval by the Engineer before proceeding further; and at the Contractor's expense.

C. CIPP LINER LABELING:

Each liner tube shall be labeled by the liner manufacturer with the location of the liner manufacturer, the name of the Project, the liner thickness, the liner diameter, the liner length, and the location where it is to be installed.

D. WARRANTY:

The Contractor shall warrant the completed work against defect in workmanship and material for a period of 1 year. The Engineer, while not acting as quality control agent for the Contractor, shall be allowed to view

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and document any portion of this Contract including, but not limited to, verifying type and quantities of resin used at any point during this work. Testing for chemical resistance shall be performed on a previously prepared sample of the finished product, proposed for this Project. A certified affidavit, signed by an officer of the company, shall be provided stating that the resin the tests apply to and the resin submitted for this Project are the same. Finished and cured CIPP liner properties specified in Part 2 shall be tested as specified. Previous test data will not be acceptable.

1.03 SUBMITTALS The following submittals shall be provided:

1. Shop drawings which detail short- and long-term properties (providing all supporting test data) of all component materials and construction.

2. Recommendations for material storage and temperature control,

CIPP liner handling, insertion, curing, trimming and finishing. 3. Structural calculations for each CIPP liner size and the

recommended thicknesses. 4. The methods and equipment used to reinstate connecting sewers. 5. Detailed method for addressing sampling requirements. 6. CCTV inspection reports as specified in subsection 3.01. 7. Manufacturer’s recommended installation procedures. 8. Certification showing the Contractor is currently licensed by the

appropriate licensor to perform CIPP installation. Certification shall be given to the Engineer before any materials are delivered to the job site.

9. Certification stating CIPP tube has been manufactured in

accordance with ASTM F1216 or ASTM F1743 and resin is suitable for its intended use.

10. Contractor shall submit 10,000-hour, third-party, 50-year Flexural

Creep Modulus test data. Test shall be in accordance with ASTM D-2990 at 10,000 hours or equal test as approved by the Engineer.

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If approved 10,000-hour tests are not available, Contractor shall use a minimum 50 percent reduction (50 percent retention) of Flexural Modulus of Elasticity (per ASTM F 1216) for all formula calculations.

11. Test report of CIPP sample(s) and tests as specified in paragraph

02767 1.02.B. and 02767-2.04.A. 12. Manhole connection details. 13. Warranty information. 14. Material safety data sheets for all hazardous chemicals used or

expected to be on site. At a minimum, sheets for the resin, catalyst, cleaners and repair agents should be submitted.

15. Product data for main line lateral seals. 16. Flow bypass or division plan.

PART 2--PRODUCTS

2.01 GENERAL All materials and installation procedures provided by the Contractor for use in the

CIPP installation process shall be equal to or exceed the requirements of Sections 5 and 7 of ASTM F1216 or Sections 5 and 6 of ASTM F1743.

Wrinkles in the finished liner pipe which cause a backwater of 1 inch or more or

reduce the hydraulic capacity of the pipe (wrinkles which exceed 5 percent of the pipe diameter) are unacceptable and shall be removed or repaired by the Contractor at no additional cost to the Owner. Wrinkles in the finished liner pipe that reduce the structural stability of the pipe are unacceptable. If a void between the wrinkle and the pipe exists, the Contractor shall repair or replace that section of the pipe at no additional cost to the Owner. Methods of repair shall be proposed by the Contractor and submitted to the Engineer for review.

Separations of liner seams in the finished liner pipe are unacceptable and shall

be removed or repaired by the Contractor at no additional cost to the Owner. If a separation of a liner seam exists, the Contractor shall repair or replace that section of the pipe at no additional cost to the Owner. Methods of repair shall be proposed by the Contractor and submitted to the Engineer for approval.

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Contractor shall be responsible for control of all material and process variables to provide a finished CIPP possessing the minimum properties specified in ASTM F1216 and ASTM F1743 and supplemented herein.

2.02 MANUFACTURERS

Approved CIPP liner manufacturers are Insituform Technologies, Inliner

Technologies, Applied Felts Inc., or approved equal. 2.03 CONTRACTORS

The licensed Contractor, or installation Subcontractor, shall have CIPP lining

experience for sewers from 8 inches up to and including 12 inches in diameter.

2.04 CHEMICAL RESISTANCE A. DOMESTIC SEWAGE:

The chemical resistance tests should be completed in accordance with Test Method D 543. Exposure should be for a minimum of 1 month at 73.4 degrees F. During this period, the CIPP test specimens should lose no more than 20 percent of their initial flexural strength and flexural modulus when tested in accordance with Section 8 of ASTM F1216 when subjected to the following solutions:

Chemical Solution Concentration (Percent)

Tap Water (pH 6-9) 100 Nitric Acid 5 Phosphoric Acid 10 Sulfuric Acid 10 Gasoline 100 Vegetable Oil 100 Detergent 0.1 Soap 0.1

The Contractor shall be responsible for all costs associated with the chemical resistance tests. Proof of meeting these requirements shall be provided to the Engineer for approval at least 7 days prior to commencement of work.

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2.05 COMPONENT PROPERTIES A. FELT TUBING:

The needled, interlocked, polyester felt shall be free from tears, holes, cuts, foreign materials and other surface defects.

B. RESINS:

The physical properties quoted in paragraph 02767-2.06 apply to CIPP manufactured polyester, vinylester, or epoxy resin. Resins shall be tinted for visibility and provide positive indication of adequate liner wet-out. Resins should be appropriate for conditions encountered.

2.06 FINISHED AND CURED CIPP LINER PROPERTIES

The physical properties of the cured CIPP shall have minimum initial test values

as given in Table 1 of ASTM F1216 or ASTM F1743 (and supplemented below in Table 1) for polyester, vinylester, and epoxy resins. Properties for these or any other enhanced resins shall be substantiated with test data.

Table 1. Standard Resin

Test Property Test Value Test Method Flexural strength 4,500 psi ASTM D790 Flexural modulus 300,000 psi ASTM D790 50-year flexural creep modulus

150,000 psi ASTM D2990

2.07 DIMENSIONS

Contractor shall field-verify pipe diameters and lengths prior to ordering liner

tubes. Contractor shall make allowances in determining the felt tube length and

circumference for stretch during installation and shrinkage during curing. The minimum length shall be that which continuously spans half the distance from the center of the inlet manhole to the next manhole, plus the liner overlap shown on the Drawings. The Contractor shall verify the lengths in the field before the felt tube is cut and impregnated. Individual installation runs may include one or more manhole-to-manhole sections as approved by the Engineer.

The diameter of the existing pipes may be larger than the nominal inside

diameter due to corrosion of the concrete. It is the Contractor’s responsibility to determine the required diameter of the liner.

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The nominal wall thickness shall be at least the calculated design thickness, or the minimum specified, and may be up to 15 percent greater, except where felt layers overlap, in which case it may be in excess of this value.

2.08 DESIGN CRITERIA

The liner shall be designed in accordance with the procedures of ASTM F 1216,

Appendix X1 and these Specifications. All material properties used in design calculations shall be long-term (time-corrected) values. Contractor shall familiarize himself with site conditions when preparing liner design.

Contractor shall calculate the required minimum thickness for each pipe based

on the pipeline condition stated in the table below. Actual level of deterioration may vary within any given section of sewer.

Project Section Nominal Inside Diameter (Inches)

Required ASTM F1216 Design Parameters for

Pressure Pipe Condition Milton Road 8-inch 8-inch cast iron pipe Fully deteriorated

Milton Road 10-inch 10-inch cast iron pipe Fully deteriorated The following parameters shall be assumed for the liner design:

1. Modulus of soil reaction E's = 1000 psi (fully deteriorated).

2. Unit weight of soil = 120 pcf. 3. The minimum ovality for straight runs shall be 2 percent. 4. AASHTO H20 Traffic loads.

5. Factor of Safety equals 2.0.

2.09 CIPP TERMINATION POINTS

The Contractor shall provide CIPP liner terminations as shown on the Drawings.

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PART 3--EXECUTION

3.01 PREPARATORY PROCEDURES A. BYPASS PUMPING:

1. If pumping is utilized to divert flow, Contractor shall provide

adequate size pump(s) to handle 150 percent of the maximum expected flow. The Contractor shall determine the required flow capacity. The Owner may provide flow information to the Contractor but shall provide no guarantees regarding such data.

2. Contractor shall provide 100 percent redundant bypass pumping

capability when only one pump is required to handle the flow. When multiple pumps are required to handle the bypass flows, the Contractor shall provide a minimum of 50 percent additional pumping equipment. Redundant power supplies are also recommended.

3. Contractor shall provide a full time operator/inspector with full

responsibility for the bypass pumping operation. 4. In no case shall the Contractor allow any sewage to surcharge and

backup into homes or businesses, or in any way overflow into the environment. If the bypass pumping capacity is insufficient to prevent surcharge and/or overflow at any time, the Contractor shall be responsible to maintain sewer flows.

5. Contractor shall submit for review a bypass pumping plan to include

emergency response plan, expected flow, bypass capacity, bypass system configuration map detailing suction, discharge points, and piping alignment, equipment list, equipment product data for pump(s) and piping, emergency contact information, sample bypass monitoring log, schedule with expected durations, and any other associated information to bypass pumping.

6. Bypass pumping plan shall be maintained on site during bypass

activities and updated according. B. SEWER CLEANING:

Prior to CIPP tube installation, the Contractor shall clean, dewater, and closed-circuit television (CCTV) the existing pipe segment. The Contractor shall clear the existing sewer of obstructions such as solids or collapsed pipe that will prevent or hinder CIPP liner installation.

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C. TV INSPECTION AND LINE OBSTRUCTIONS:

Experienced National Association of Sewer Services Companies (NASSCO) certified personnel trained in locating breaks, obstacles and service connections by visual inspection shall perform inspection of each pipe segment. The interior of the pipe shall be carefully inspected to determine the location of conditions which may prevent proper installation of CIPP. Contractor shall furnish television inspection report material to the Engineer. All inspections and reports shall be completed in NASSCO Pipeline Assessment Certifications Program format. Pre- and post-installation CCTV data shall be submitted on a compact disk in PDF and mpg format.

D. SPOT REPAIR:

The Contractor shall repair any holes or voids in the original pipe that would prevent the proper installation of the CIPP liner. Refer to Drawings for additional spot repair details.

E. MEASUREMENT:

The existing pipe segments may be larger than their nominal size due to corrosion of the host pipe. It is the Contractor's responsibility to measure the actual inside diameter at different locations of the sewer to determine the appropriate size of CIPP liner to use.

3.02 INSTALLATION PROCEDURES

A. GENERAL:

The Contractor shall designate the location where the CIPP felt tube would be impregnated with resin ("wet-out"). Locations shall be subject to approval by the Engineer and applicable local agencies. The Contractor shall allow the Engineer to inspect the materials and "wet-out" procedure. If the “wet-out” location is not at the Project site, the impregnated CIPP tube shall be transported to site under controlled environmental conditions. Transport vehicles shall include a tamper-resistant, sealed temperature-recording device which records the temperature of the liner at all time after leaving the wet-out site. The Contractor shall decide when to transport the impregnated CIPP tube to the site and when to commence insertion with respect to weather conditions. Contractor is responsible for obtaining construction/fire hydrant meters from (municipality) Customer Service and for paying all applicable deposit fees and water usage fees.

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B. INSTALLATION PROCESS:

No CIPP installations will be undertaken in weather conditions that could jeopardize the installation of the CIPP, or be detrimental to the long-term performance of the CIPP. The liner will be installed by either the inversion-tube method or the pull-in method.

C. CURING:

After the tube is inverted, or pulled through the pipe section, the Contractor shall heat the water by circulating it through a boiler, where the hot water or stream will cause the resin to cure. The curing process shall follow a step cure or similar approach recommended by the manufacturer and approved by the Engineer, and shall be held at the top step for an adequate length of time as determined by the liner manufacturer to ensure that the design physical properties are attained. Circulation water and/or air shall cool down to at least 100 degrees F for 1 hour before releasing the hydrostatic head. The rate of temperature rise and fall during heating and cooling shall not exceed 2 degrees F per minute. For CIPP liner thicknesses greater than 0.75 inch, or where the existing pipe, soil and groundwater combination is likely to provide a significant heat sink, affecting the temperature gradient across the CIPP liner material, the temperature of the exotherm shall be monitored by remote temperature sensors placed at the interface of the existing pipe and the CIPP. A minimum of two temperature sensors shall be installed, one at either end of the length being lined. The curing process shall not be terminated until the temperature sensor readings indicate that a satisfactory cure has been completed. Any extended cure times shall not adversely affect the properties of the CIPP lining material. The water shall be evacuated from the pipe at a controlled rate to prevent negative pressure in the pipe. The water shall not be released until the water is at an ambient air temperature.

3.03 FINISHED PRODUCT

A. FINISH:

The finished CIPP shall be continuous over the entire length of an installation run. Defects such as foreign inclusions, dry spots, pinholes, delamination, seam separation and wrinkling beyond the Specification allowances in

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paragraphs 2.01, determined by the Engineer as affecting the integrity or strength of the CIPP, or as adversely affecting the hydraulic capacity of the CIPP, shall be repaired or replaced at the Contractor's expense.

B. LATERAL CONNECTIONS:

After the curing is complete, existing lateral connections shall be re-established. The cut liner shall have no jagged edges and shall be sanded smooth.

C. MAIN LINE LATERAL SEAL

The Contractor shall provide a mainline lateral seal, recommended by the CIPP lining manufacturer, at all service lateral connections so that no leakage of fluids may infiltrate between the CIPP liner and the existing sewer lateral surface. The lateral seals shall extend into the lateral and completely encompass the barrel of the mainline. The lateral seal shall be remotely accessed from the main line. This shall be accomplished by the installation of a single-piece, resin-impregnated one-piece main/lateral lining tube assembly by means of air inflation. The liner is pressed against the main and lateral host pipes by pressurizing a TEE-shaped bladder that is held in place until the resin has cured. When cured, the liner tube shall extend a minimum of 6 inches into the service lateral and 18 inches for the full circumference of the main pipe (6 inches on each side of a 4-inch lateral pipe) forming a continuous, one-piece, tight-fitting, corrosion-resistant and verifiable non-leaking lateral connection liner. The Main/Lateral CIPP Lining material shall be in accordance with ASTM F2561-11 “Standard Practice for Rehabilitation of a Sewer Service Lateral and its Connection to the Main Using a One-Piece Main and Lateral Cured-in Place Liner.” Typical product manufacturers include Cosmic Engineering GmbH, Steinabruck 35, A-3072 Kasten, and LMK Technologies, 1779 Chessie Lane, Ottawa, IL 61350.

D. INSPECTION:

The Contractor shall inspect the CIPP after installation. The inspection will be performed and recorded using CCTV equipment. CCTV data collected shall be provided to the Owner for his records. If defects or voids exist, the Contractor shall repair or replace that section of the pipe at no additional cost to the Owner. Methods of repair shall be proposed by the Contractor and submitted to the Engineer for review.

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3.04 CLEANUP Following inspection, the Contractor shall clean up the entire Project area. The

Contractor shall dispose of all excess material and debris not incorporated into the permanent installation off site.

**END OF SECTION**

0 2 41Miles

City Limits

City Limits

City Limits

Context MapMilton Rd. Sewer Rehabilitation, Ph. 2

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8. B. CITY OF FLAGSTAFFSTAFF SUMMARY REPORT


From: Trevor Henry, Project Manager

Date: 03/28/2018


TITLE: Consideration and Approval of Contract: Approve the construction contract with Kinney Construction,LLC in the amount of $573,133.00 for the Fountaine Water and Sewer Improvement Project.

STAFF RECOMMENDED ACTION:1) Approve the construction contract with Kinney Construction, LLC ("Contractor") in the amount of$573,133.00, which includes a contract allowance of $40,000.00, and a contract timeframe of 150calendar days;2) Approve Change Order Authority to the City Manager in the amount of $53,313.00 (10% of thecontract amount, less allowance); and3) Authorize the City Manager to execute the necessary documents.

Executive Summary:The contract award of $573,133.00 to the contractor is proposed to complete a project that includesinstalling new water mains, new water services, new fire hydrants, new sewer main, new sewer servicesand a mill and asphalt overlay ("Project"). The Project is scheduled to begin in the summer of 2018. TheProject includes one block of Fountaine Street, one block of Ashurst Avenue and approximately 500linear feet of an existing paved alleyway just north of Franklin Avenue. Please see the attached contextmap and vicinity map for details. This contract amount requires Council consideration and authorizationin order to proceed.

Financial Impact:The Project is funded by the total budget appropriations of $675,000.00 which is programmed in theWater and Wastewater 5-Year CIP plan. The amount of $600,000.00 is coming from the FY19 proposedbudget for the Fountaine WL Replacement Project (acct. # 202-08-370-3402-0-4463). The remaining$75,000.00 will come from the FY18 Aging Water Infrastructure Program (acct. #202-08-370-3157-0-4463).

Policy Impact: No impact

Connection to Council Goal, Regional Plan and/or Team Flagstaff Strategic Plan:Council Goals:

Council Goals:Transportation and Other Public InfrastructureDeliver quality community assets and continue to advocate and implement a highly performingmulti-modal transportation system. Regional Plan Goals:Water Sources Goals and PoliciesPolicy WR.2.2 - Maintain and develop facilities to provide reliable, safe, and cost-effective water,wastewater, and reclaimed water services. Safe and Efficient Multimodal Transportation Goals and PoliciesPolicy T.2.1 - Design infrastructure to provide safe and efficient movement of vehicles, bicycles, andpedestrians.

Has There Been Previous Council Decision on This:Council approved the City of Flagstaff’s on-call consultant contract, through which a consultant servicescontract for the design of the Fountaine Water and Sewer Improvement Project was executed with CivilDesign and Engineering, Inc.

Options and Alternatives:1. Approve the Project contract as recommended. Approval will allow work to move forward in thesummer of 2018; or2. Reject all bids. This action would delay the Project. If rejection occurs, possible options Include: a) Re-solicit the Project at a later date; or b) Suspend or cancel the Project.

Background/History:The Project has a general scope to upgrade the existing water mains, water services, sewer main, sewerservices and fire hydrants in Fountaine Street, Ashurst Avenue and in an alleyway just north of FranklinAvenue. Fountaine Street and Ashurst Avenue will receive a mill and asphalt overlay while the existingalleyway will receive the standard trench asphalt patch. Construction impacts may include traffic detours, temporary lane closures with trafficflaggers. Coordination with property owners will be made for water and sewer service upgrades. TheProject is included in a Fund that has been programmed in the Capital Improvement 5-year plan.

The Purchasing section posted the Invitation for Bids solicitation for construction on January 18, 2018,on Purchasing's PlanetBids electronic bidding website, and advertised in the newspaper on January 21stand 28th. There were five bids received on the opening date of February 27, 2018, and staff determinedthat Kinney Construction, LLC is the lowest responsive and responsible bidder.

Key Considerations:The existing water and sewer main in this area of the Flagstaff Brannen Addition neighborhood are agingand in need of replacement. The water mains were originally constructed in 1947 and 1948. The sewermain was constructed in 1952.

Expanded Financial Considerations:Below is a summary of the bids received.

Engineer’s Estimate $553,904.08Kinney Construction LLC $573,133.00 McDonald Brothers Construction $638,458.64Mountain High Excavating, Inc. $732,292.00Standard Construction Co., Inc. $767,975.00Eagle Mountain Construction, Inc. $820,303.00

Included in the contract amount will be an allowance of $40,000.00. The allowance will be used forunforeseen items of work. The Project Manager, Section Head and Division Head will have the authorityto approve the use of the allowance in accordance with City Employee Directive No. 2-021. ChangeOrder Authority establishes a dollar amount (10% of the contract amount, less allowance) and providesthe City Manager, on behalf of the Council, authority to amend the contract amount in response tounforeseen costs that are more than the contracted amount and in excess of the contract allowance.

Community Benefits and Considerations:The Community benefits of this Project include better service from the water distribution infrastructure,wastewater collection services and a new pavement surface for the neighborhood roads. AdditionalProject information and traffic restriction advisories will be provided as necessary through local mediareleases and other communication methods.

Community Involvement:Inform – A letter was sent to the property owners on March 1, 2018, informing them of the Project andwhen they could expect construction to begin if the Council granted the contract.

Expanded Options and Alternatives:Approve the award as recommended. This would allow the Project to be constructed in the summerof 2018.

1.

Reject all bids. This option would delay the construction start and possibly cause the work to bedeferred until 2019.

2.

Attachments: Construction ContractContract Exhibit A MAG RevisionsContract Exhibit B Special ProvisionsContext MapVicinity Map

1

CONSTRUCTION CONTRACT #2018-53

City of Flagstaff, Arizona and

Kinney Construction, LLC.

This Construction Contract (“Contract”) is made and entered into this day of 2018, by and between the City of Flagstaff, an Arizona municipal corporation with offices at 211 West Aspen Avenue, Flagstaff, Arizona ("Owner") and Kinney Construction, LLC, a limited liability company ("Contractor") with offices at 121 East Birch, Suite 500, Flagstaff, Arizona. Contractor and the Owner may be referred to each individually as a “Party” and collectively as the “Parties.”

RECITALS A. Owner desires to obtain construction services; and B. Contractor has available and offers to provide personnel and materials necessary to accomplish the work and complete the Project as described in the Scope of Work within the required time in accordance with the calendar days included in this Contract. NOW, THEREFORE, the Owner and Contractor agree as follows: 1. Scope of Work. The Contractor shall furnish any and all labor, materials, equipment, transportation, utilities, services and facilities for the Fountaine Water and Sewer Improvement Project (the “Project”). The Project scope is specific to the attached Special Provisions (Exhibit B). Contractor shall construct the Project for the Owner in a good, workmanlike and substantial manner and to the satisfaction of the Owner through its engineers and under the direction and supervision of the City Engineer, or his properly authorized agents including but not limited to project managers and project engineers. Contractor’s work shall be strictly pursuant to and in conformity with the Contract. 1.1 A Pre-Construction Conference will be held with the successful Contractor after the Notice

of Award is issued. The date and time of the Conference will be agreed upon between the Contractor and the Engineer. The meeting will be held at City Hall, 211 West Aspen Avenue, Flagstaff, AZ 86001. The purpose of the meeting is to outline specific construction items and procedures that the Owner feels require special attention on the part of the Contractor. The Contractor may also present any variations in procedures to improve the workability of the Project, reduce the cost, or reduce inconvenience to the public. The Contractor shall submit a written proposal at this conference outlining intended plans for pavement replacement, maintaining continuous access to residences and businesses along the construction site, and traffic control.

2. Contract; Ownership of Work. Contractor shall furnish and deliver all of the materials and perform all of the work in accordance with this Contract; Construction Plans; Special Provisions; the City of Flagstaff Engineering Design and Construction Standards and Specifications;

2

the latest version of the Maricopa Association of Governments (“MAG”) Specifications for Public Works Construction and City revisions to the MAG Specifications for Public Works Construction (“Exhibit A”); and any Arizona Department of Transportation (A.D.O.T.) Standards that may be referenced on the Plans or in the specifications, incorporated in this Contract by reference, plans and associated documents. All provisions of the Invitation for Construction Bids, Performance Bond, Payment Bond, Certificates of Insurance, Addenda, Change Orders and Field Orders, if any, are hereby incorporated into this Contract. All materials, work, specifications and plans shall be the property of the Owner. The following exhibits are incorporated by reference and are expressly made a part of this Contract: 2.1.1 Revisions of MAG Standard Specifications for Public Works Construction Exhibit A (“Flagstaff Addendum to MAG”) 2.1.2 Special Provisions Exhibit B 3. Payments. In consideration of the faithful performance of the work described in this Contract, the Owner shall pay an amount not to exceed $573,133.00 to the Contractor for work and materials provided in accordance with the bid schedule, which amount includes all federal, state, and local taxes, as applicable. This amount shall be payable through monthly progress payments, subject to the following conditions: 3.1 Contractor shall promptly submit to the Owner all proper invoices necessary for the

determination of the prices of labor and materials; 3.2 Progress payments shall be made in the amount of ninety percent (90%) of the value of labor

and materials incorporated in the work, based on the sum of the Contract prices of labor and material, and of materials stored at the worksite, on the basis of substantiating paid invoices, as estimated by the Owner, less the aggregate of all previous payments, until the work performed under this Contract is fifty percent (50%) complete. When and after such work is fifty (50%) complete, the ten percent (10%) of value previously retained may be reduced to five percent (5%) of value completed if Contractor is making satisfactory progress as determined by the Owner, and providing that there is no specific cause or claim requiring a greater amount to be retained. If at any time the Owner determines that satisfactory progress is not being made, the ten percent (10%) retention shall be reinstated for all subsequent progress payments made under this Contract;

3.3 The City Engineer shall have the right to finally determine the amount due to Contractor; 3.4 Monthly progress payments shall be made by the Owner, on or before fourteen (14) calendar

days after the receipt by the Owner of an approved estimate of the work completed; 3.5 Contractor agrees that title to materials incorporated in the work, and stored at the site, shall

vest with the Owner upon receipt of the corresponding progress payment;

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3.6 The remainder of the Contract price, after deducting all such monthly payments and any retention, shall be paid within sixty (60) days after final acceptance of completed work by the Owner. The release of retention or alternate surety shall be made following the Owner’s receipt and acceptance of: Contractor's Affidavit Regarding Settlement of Claims, Affidavit of Payment, Consent of Surety for Final Payment, and Unconditional Full and Final lien waivers from all subcontractors and suppliers who have filed an Arizona Preliminary 20 Day Lien Notice in accordance with A.R.S. §§ 33-992.01 and 33-992.02.

4. Time of Completion. Contractor agrees to complete all work as described in this Contract within one hundred fifty (150) calendar days from the date of the Owner’s Notice to Proceed free of all liens, claims and demands of any kind for materials, equipment, supplies, services, labor, taxes and damages to property or persons, in the manner and under the conditions specified within the time or times specified in this Contract. 5. Performance of Work. All work covered by this Contract shall be done in accordance with the latest and best accepted practices of the trades involved. The Contractor shall use only skilled craftsmen experienced in their respective trades to prepare the materials and to perform the work. 6. Acceptance of Work; Non Waiver. No failure of the Owner during the progress of the work to discover or reject materials or work not in accordance with this Contract shall be deemed an acceptance of, or a waiver of, defects in work or materials. No payment shall be construed to be an acceptance of work or materials which are not strictly in accordance with the Contract. 7. Delay of Work. Any delay in the performance of this Contract due to strikes, lockouts, fires, or other unavoidable casualties beyond the control of the Contractor and not caused by any wrongful act or negligence of the Contractor shall entitle the Contractor to an extension of time equal to the delay so caused. The Contractor shall notify the Owner in writing specifying such cause within twenty-four (24) hours after its occurrence. In the event such delay is caused by strikes, lockouts, or inability to obtain workmen for any other cause, the Owner shall have the right but shall not be obligated to complete the work on the same basis as is provided for in Section 13 below (Contract Violations). 8. Failure to Complete Project in Timely Manner. If Contractor fails or refuses to execute this Contract within the time specified in Section 4 above, or such additional time as may be allowed, the proceeds of Contractor’s performance guaranty shall become subject to deposit into the Treasury of the municipality as monies available to compensate the Owner for damages as provided by A.R.S. § 34-201 for the delay in the performance of work under this Contract, and the necessity of accepting a higher or less desirable bid from such failure or refusal to perform this Contract as required. If Contractor has submitted a certified check or cashier's check as a performance guaranty, the check shall be returned after the completion of this Contract. 9. Labor Demonstration. It is understood that the work covered by this Contract is for the Owner's business purposes and that any unfavorable publicity or demonstrations in connection with the work will have a negative effect upon the Owner. If Contractor’s actions in performance of the Contract result in any public demonstration on behalf of the laborers or organized labor in the vicinity of the Owner's premises, whether such demonstration is in the form of picketing, posting of

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placards or signs, violence, threats of violence or in any other form, which in the Owner's judgment, might convey to the public the impression that the Owner or the Contractor or any subcontractor is unfair to laborers or to organized labor, the Owner shall have the right to terminate this Contract immediately, unless the Contractor shall have caused such demonstration to be discontinued within two (2) days after request of the Owner to do so. In the event any such demonstration is attended by violence, the Owner may fix lesser time within which a discontinuance shall be accomplished. In the event of Contract termination, the Contractor agrees to remove from the Premises within twenty-four (24) hours of termination, all machinery, tools, and equipment belonging to it or to its subcontractors. All obligations or liabilities of the Owner to the Contractor shall be discharged by such termination, except the obligation to pay to the Contractor a portion of the Contract price representing the value based upon the Contract prices of labor and materials incorporated in the work as established by the Owner, less the aggregate of all previous payments, but subject to all of the conditions pertaining to payments generally. 10. Material Storage. During the progress of the work, the Contractor shall arrange for office facilities and for the orderly storage of materials and equipment. Contractor shall erect any temporary structures required for the work at his or her own expense. The Contractor shall at all times keep the premises reasonably free from debris and in a condition which will not increase fire hazards. Upon completion of the work, the Contractor shall remove all temporary buildings and facilities and all equipment, surplus materials and supplies belonging to the Contractor. Contractor shall leave the Premises in good order, clean, and ready to use by the Owner. The establishment of any temporary construction yard, material storage area or staging area to be located within City of Flagstaff limits and outside the public right-of-way or Project limits generally requires a Temporary Use Permit. (See Exhibit A, Section 107.2.1.)

11. Maintenance During Winter Suspension of Work. A “Winter Shutdown” is the period of time typically including December through March during which no Work will be performed by any person or entity (including but not limited to the Contractor) on the Project and Contractor shall shutdown, properly insulate and shelter the Project in a safe and workmanlike manner pursuant to local, state and federal laws. Although December through March is typically the time frame, the City reserves the right to initiate and terminate a Winter Shutdown at the City’s sole discretion in the event of adverse weather conditions. A Winter Shutdown may be declared by the City despite delays, for any reason, on the Project. City retains the right to declare a Winter Shutdown. If work has been suspended due to winter weather, the Contractor shall be responsible for maintenance and protection of the improvements and of partially completed portions of the work until final acceptance of the project. Winter Shutdown shall be by field order, change order or original contract. If repairs and/or maintenance are needed during the Winter Shutdown, the Contractor is required to perform the repairs and/or maintenance within twenty-four (24) hours of notification from the City. If the needed repairs and/or maintenance are not addressed within the timeframe, the City will accomplish the work and deduct the cost from monies due or become due to the Contractor. The City shall provide snow removal operations on active traffic lanes only during the Winter Shutdown. All other snow removal and maintenance operations shall be the responsibility of the Contractor during the Winter Shutdown. All cost associated with snow removal and proper disposal

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shall be considered incidental to the work including repair of temporary surface improvements due to normal wear and snow removal operations during the Winter Shutdown. 12. Assignment. Contractor shall not assign this Contract, in whole or in part, without the prior written consent of the Owner. No right or interest in this Agreement shall be assigned, in whole or in part, by Contractor without prior written permission of the City and no delegation of any duty of Contractor shall be made without prior written permission of the Owner. The Owner shall not unreasonably withhold consent to such assignment. Contractor agrees that any assignment agreement between Contractor and the Assignee shall include and subject to the assignee to all obligations, terms and conditions of this Contract and that Contractor shall also remain liable under all obligations, terms and conditions of this Contract. 13. Notices. Many notices or demands required to be given, pursuant to the terms of this Contract, may be given to the other Party in writing, delivered in person, sent by facsimile transmission, emailed, deposited in the United States mail, postage prepaid, or deposited with any commercial air courier or express service at the addresses set forth below, or to such other address as the Parties may substitute by written notice, given in the manner prescribed in this paragraph. However, notices of termination, notices of default and any notice regarding warranties shall be sent via registered or certified mail, return receipt requested at the address set forth below and to legal counsel for the party to whom the notice is being given. If to Owner: If to Contractor: Patrick Brown, C.P.M. Purchasing Manager 211 West Aspen Avenue Flagstaff, AZ 86001

Travis Moore Kinney Construction, LLC. 121 East Birch, Suite 500 Flagstaff, AZ 86001

14. Contract Violations. In the event of any of the provisions of this Contract are violated by the Contractor or by any of Contractor’s subcontractors, the Owner may serve written notice upon the Contractor and the Surety of its intention to terminate such Contract (the “Notice to Terminate”). The Contract shall terminate within five (5) days of the date Contractor receives the Notice to Terminate, unless the violation ceases and Contractor makes arrangements for correction satisfactory to the Owner. In the event of any such termination, the Owner shall immediately serve notice of the termination upon the Surety by registered mail, return receipt requested. The Surety shall have the right to take over and perform the Contract. If the Surety does not commence performance within ten (10) days from the date of receipt of the Owner’s notice of termination, the Owner may complete the work at the expense of the Contractor, and the Contractor and his or her Surety shall be liable to the Owner for any excess cost incurred by the Owner to complete the work. If the Owner completes the work, the Owner may take possession of and utilize such materials, appliances and plants as may be on the worksite site and necessary for completion of the work. 15. Termination for Convenience. The Owner may terminate this contract at any time for any reason by giving at least thirty (30) days written notice to the Contractor. If termination occurs under this Section 15, the Contractor shall be paid fair market value for work completed by Contractor as of the date of termination. The parties agree that fair market value shall be determined

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based on the Contractor’s original bid price, less any work not yet completed by the Contractor as of the date the written notice of termination is given to the Contractor. 16. Contractor's Liability and Indemnification. To the fullest extent permitted by law, Provider shall indemnify, save and hold harmless the City of Flagstaff and its officers, officials, agents, and employees (hereinafter referred to as “Indemnitee”) from and against liabilities, damages, losses and costs, including reasonable attorney fees, but only to the extent caused by the, recklessness or intentional wrongful conduct of the contractor, subcontractor or design professional or other persons employed or used by the contractor, subcontractor or design professional in the performance of the contract. The amount and type of insurance coverage requirements set forth in the Contract (Section 103.6 of Exhibit A) will in no way be construed as limiting the scope of the indemnity in this paragraph. 17. Non Appropriation. In the event that no funds or insufficient funds are appropriated and budgeted in any fiscal period of the Owner to meet the Owner’s obligations under this Contract, the Owner will notify Contractor in writing of such occurrence, and this Contract will terminate on the earlier of the last day of the fiscal period for which sufficient appropriation was made or whenever the funds appropriated for payment under this Contract are exhausted. No payments shall be made or due to the other party under this Contract beyond these amounts appropriated and budgeted by the Owner to fund the Owner’s obligations under this Contract. 18. Amendment of Contract. This Contract may not be modified or altered except in writing and signed by duly authorized representatives of the parties. 19. Subcontracts. Contractor shall not enter into any subcontract, or issue any purchase order for the completed work, or any substantial part of the work, unless in each instance, prior written approval shall have been given by the Owner. Contractor shall be fully responsible to the Owner for acts and omissions of Contractor's subcontractors and all persons either directly or indirectly employed by them. 20. Cancellation for Conflict of Interest. This Contract is subject to the cancellation provisions of A.R.S. § 38-511. 21. Compliance with All Laws. Contractor shall comply with all applicable laws, statutes, ordinances, regulations and governmental requirements in the performance of this Contract. 22. Employment of Aliens. Contractor shall comply with A.R.S. § 34-301, which provides that a person who is not a citizen or ward of the United States shall not be employed upon or in connection with any state, county or municipal public works project. 23. Compliance with Federal Immigration Laws and Regulations. Contractor warrants that it complies with all Federal Immigration laws and regulations that relate to its employees and complies with A.R.S. 23-214.A. Contractor acknowledges that pursuant to A.R.S. 41-4401 a breach of this warranty is a material breach of this contract subject to penalties up to and including termination of this contract, and that the City retains the legal right to inspect the papers of any employee who works on the contract to ensure compliance with this warranty.

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24. Contractor’s Warranty. Contractor warrants that it complies with all Federal Immigration laws and regulations that relate to its employees and complies with A.R.S. § 23-214.A, Verification of Employment Eligibility. Contractor shall not employ aliens in accordance with A.R.S. § 34-301, Employment of Aliens on Public Works Prohibited. Contractor acknowledges that pursuant to A.R.S. § 41-4401, Government Procurement; E-Verify Requirement; Definitions, a breach of this warranty is a material breach of this contract subject to penalties up to and including termination of this Contract, and that the Owner retains the legal right to inspect the papers of any employee who works on the Contract to ensure compliance with this warranty. 25. Jurisdiction and Venue. This Contract shall be administered and interpreted under the laws of the State of Arizona. The Contractor hereby submits itself to the original jurisdiction of those courts located within Coconino County, Arizona. 26. Attorney’s Fees. If suit or action is initiated in connection with any controversy arising out of this Contract, the prevailing party shall be entitled to recover in addition to costs such sum as the court may adjudge reasonable as attorney fees, or in event of appeal as allowed by the appellate court. 27. Time is of the Essence. Contractor acknowledges that the completion of the Contract by the dates specified final completion is critical to the Owner, time being of the essence of this Contract. 28. No Third Party Beneficiaries. The Parties acknowledge and agree that the terms, provisions, conditions, and obligations of this Contract are for the sole benefit of, and may be enforceable solely by, the Parties to this Contract, and none of the terms, provisions, conditions, and obligations of this Contract are for the benefit of, or may be enforced by, any person or entity not a party to this Contract. 29. Headings. The article and section headings contained herein are for convenience in reference and are not intended to define or limit the scope of any provision of this Contract. 30. Severability. If any part of this Contract is determined by a court to be in conflict with any statute or constitution or to be unlawful for any reason, the parties intend that the remaining provisions of this Contract shall remain in full force and effect unless the stricken provision leaves the remaining Contract unenforceable. 31. No Boycott of Israel. Pursuant to A.R.S. §§ 35-393 and 35-393.01, the Parties certify that they are not currently engaged in and agree, for the duration of the agreement, not to engage in a boycott of Israel.

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IN WITNESS WHEREOF, the Owner and Contractor, by their duly authorized representatives, have executed this Contract as of the date written above. (Please sign in blue ink. Submit original signatures – photocopies not accepted) Owner, City of Flagstaff Kinney Construction, LLC.

Barb Goodrich, Interim City Manager Signature Attest: Printed Name

City Clerk Title

Approved as to form:

City Attorney

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Amended March 2017

CITY OF FLAGSTAFF AMENDMENTS

to MAG STANDARD SPECIFICATIONS

FOR PUBLIC WORKS CONSTRUCTION (General Provisions)

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Amended March 2017

The

MAG UNIFORM STANDARD SPECIFICATIONS for

PUBLIC WORKS CONSTRUCTION is hereby amended to include the following:

PART 100 - GENERAL CONDITIONS SECTION 102 - BIDDING REQUIREMENTS AND CONDITIONS 102.1 ELIGIBILITY AND PREFERENCE: (revise to include the following) If requested by the City, a Bidder shall furnish satisfactory evidence of the Bidder's competency to perform the proposed work. Such evidence of competency, unless otherwise specified, shall consist of statements covering the Bidder's experience on similar work, a list of equipment that would be available for the work and a list of key personnel that would be available. In addition, if requested, a Bidder shall furnish the City of Flagstaff with satisfactory evidence of the Bidder's financial responsibility. Such evidence of financial responsibility, unless otherwise specified, shall consist of a confidential statement or report of the Bidder's financial resources and liabilities as of the last calendar year or the contractor's last fiscal year. Such statements or reports shall be certified by a public accountant. At the time of submitting such financial statements or reports, the Bidder shall further certify whether the Bidder's financial responsibility is approximately the same as stated or reported by the public accountant. If the Bidder's financial responsibility has changed, the Bidder shall qualify the public accountant's statement or report to reflect the Bidder's true financial condition at the time such qualified statement or report is submitted to the City of Flagstaff. The Bidder shall submit such "evidence of competency" and "evidence of financial responsibility" to the City of Flagstaff no later than five (5) working days after receipt of a written request by the City of Flagstaff. Each bidder, contractor and subcontractor shall possess and maintain the appropriate contractor's license for the work included in this contract. The appropriate license shall be as required by the Arizona State Registrar of Contractors and as required by Arizona Revised Statutes Chapter 10, Title 32. 102.2 CONTENTS OF PROPOSAL PAMPHLET: (revise to include the following) The Plans, Specifications and other Documents designated in the Contract Documents shall be considered a part of the Contract whether attached or not.

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Amended March 2017

The City of Flagstaff reserves the right to refuse to issue a proposal form or accept a proposal form from a prospective Bidder if they are in default for any of the following reasons: (A) Failure to comply with any prequalification regulations of the City of Flagstaff, if such

regulations are cited or otherwise included in the Proposal as a requirement for bidding;

(B) Failure to pay or satisfactorily settle all bills due for labor and materials on former

contracts in force (with the City of Flagstaff) at the time the City of Flagstaff issues the Proposal to a prospective Bidder;

(C) Contractor, as a company owner, has defaulted under previous contract(s) with the

City of Flagstaff in the prior five calendar years; (D) Record of unsatisfactory work on previous contract(s) with the City of Flagstaff in the

prior five calendar years. 102.2 CONTENTS OF PROPOSAL PAMPHLET: (third paragraph, revise last sentence to read as follows) In the case of conflict, the following order of precedence shall govern: 1. Construction Plans and Addenda 2. Special Provisions 3. General Provisions and MAG Revisions 4. City of Flagstaff Standards and Specifications 5. MAG Standards and Specifications 6. ADOT Standards and Specifications 7. FHWA Manual of Uniform Traffic Control Devices 102.4 EXAMINATION OF PLANS, SPECIAL PROVISIONS AND SITE OF

WORK: (revise to include the following) Before submitting a bid, each bidder shall examine the site and obtain information that pertains to the physical conditions of the site that may affect the cost, progress or performance of the work. Any restrictions or difficulties relating to the completion of the work shall be considered in accordance with the terms and conditions of the contract documents. 102.7 IRREGULAR PROPOSALS: (revise to include the following) The City of Flagstaff reserves the right to reject any irregular Proposal and the right to waive technicalities for acceptance of Proposals, if such waiver is in the best interest of the City of Flagstaff and conforms to local laws and ordinances pertaining to the letting of construction contracts.

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Amended March 2017

Proposals shall be considered irregular for the following additional reasons: (A) If the Proposal contains unit prices that are obviously unbalanced. (B) If the Proposal is not accompanied by the proposal guaranty specified by the City. 102.12 DISQUALIFICATION OF BIDDERS: (revise to include the following) A Bidder shall also be considered disqualified if the Bidder is considered in default for any reason specified in Subsection 102.2 as amended by this MAG Amendment. 102.13 SUCCESSFUL BIDDERS: (revise paragraph to read as follows) The City of Flagstaff shall provide six (6) sets of plans and Contract Documents at no cost. A direct expense fee shall be charged for any additional copies. SECTION 103 - AWARD AND EXECUTION OF CONTRACT 103.6 CONTRACTOR'S INSURANCE: 103.6.1 GENERAL: (revise subsection to read as follows) The Contractor and its Subcontractors, at Contractor’s and Subcontractors’ own expense, shall purchase and maintain the herein stipulated minimum insurance with companies duly licensed, possessing a current A.M. Best, Inc. Rating of A-, 7, or approved by the City. The insurance company shall be licensed in the State of Arizona. Policies and forms shall be satisfactory to the City. All insurance required herein shall be maintained in full force and effect until all work and/or services required to be performed, under the terms of the Contract, are satisfactorily completed and formally accepted. At the sole discretion of the City, failure to do so may constitute a material breach of this Contract. The Contractor’s insurance shall be primary insurance as respects the City. Any insurance or self-insurance maintained by the City shall not contribute to it. Contractor shall not fail to comply with the claim reporting provisions of the insurance policies or cause a breach of any insurance policy warranty that would affect coverage afforded under insurance policies to protect the City. The insurance policies (except Worker’s Compensation) shall contain a waiver of transfer of rights of recovery (subrogation) against the City, its agents, representatives, directors, officers, and employees for any claims arising out of the Contractor’s acts, errors, mistakes, omissions, work or service.

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Amended March 2017

The insurance policies may provide coverage, which contains deductibles or self-insured retentions. Such deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided to the City under such policies. The Contractor shall be solely responsible for the deductible and/or self-insured retentions, and the City, at its option, may require the Contractor to secure payment of such deductibles or self-insured retentions by a Surety Bond or an irrevocable and unconditional letter of credit. The City reserves the right to request and to receive, within 10 working days, certified copies of any or all of the herein required insurance policies and/or endorsements. The City shall not be obligated, however, to review same or to advise Contractor of any deficiencies in such policies and endorsements, and such receipt shall not relieve Contractor from, or be deemed a waiver of the City’s right to insist on, strict fulfillment of Contractor’s obligations under this Contract. Except for Worker’s Compensation, the insurance policies, required by this Contract shall name the City, its agents, representatives, officers, directors, officials and employees as additional insureds. Required Coverage A. Commercial General Liability The Contractor shall maintain Commercial General Liability insurance with a limit of not less than $1,000,000 for each occurrence with a $2,000,000 Products/Completed Operations Aggregate and a $2,000,000 General Aggregate Limit. The Policy shall include coverage for bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage. Coverage will be at least as broad as Insurance Service Office, Inc. Policy Form CG 00011093 or any replacements thereof. The coverage shall not exclude X, C, U. Such policy shall contain a severability of interest provision and shall not contain a sunset provision or commutation clause, nor any provision, which would serve to limit third party action over claims. The Commercial General Liability additional insured endorsement shall be at least as broad as the Insurance Service Office, Inc. Additional Insured, Form B, CG 20101185, and shall include coverage for Contractor’s operations and products and completed operations. B. Owners and Contractor’s Protective Liability The Contractor shall purchase and maintain, at all times during prosecution of the work, services or operations under this Contract, an Owner’s and Contractor’s Protective Liability insurance policy for bodily injury and property damage, including death, which may arise in the prosecution of the Work or Contractor’s operations under this Contract. Coverage shall be on an occurrence basis with a limit not less than $1,000,000 per occurrence, and the policy shall be issued by the same insurance company that issues the Contractor’s Commercial General Liability insurance.

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Amended March 2017

C. Automobile Liability Contractor shall maintain Commercial/Business Automobile Liability insurance with a combined single limit for bodily injury and property damage of not less than $1,000,000 each occurrence with respect to the Contractor’s any auto, all owned autos, scheduled autos, hired autos, non-owned autos assigned to or used in performance of the Contractor’s work. Coverage will be at least as broad as coverage code 1, “any auto”, (Insurance Service Office, Inc. Policy CA 00011293, or any replacements thereof). Such insurance shall include coverage for loading and off-loading hazards. If hazardous substances, materials or wastes are to be transported, MCS 90 endorsement shall be included and $5,000,000 per accident limits for bodily injury and property damage shall apply. D. Worker’s Compensation The Contractor shall carry Worker’s Compensation insurance to cover obligations imposed by federal and state statues having jurisdiction of Consultant’s employees engaged in the performance of the work or services; and Employer’s Liability insurance of not less than $100,000 for each accident, $100,000 disease for each employee, and $500,000 disease policy limit. In case any work is subcontracted, the Contractor will require the Subcontractor to provide Worker’s Compensation and Employer’s Liability to at least the same extent as required of the Contractor. E. Builder’s Risk (Property) Insurance (As Required) When the project includes construction of a new building, an addition to an existing building, modifications to an existing building, or as otherwise may be required by the contracting agency, the Contractor shall purchase and maintain, on a replacement cost basis, Builder’s Risk insurance in the amount of the initial Contract Amount as well as subsequent modifications thereto for the entire work at the site. At a minimum, the policy limits of such insurance shall be equal in face amount to the full Contract Amount. Such Builder’s Risk insurance shall be maintained until final payment has been made or until no person or entity other than the City has an insurable interest in the property required to be covered, whichever is earlier. This insurance shall include interests of the City, the Contractor, and all Subcontractors and Sub-Subcontractors in the work during the life of the Contract and course of construction, and shall continue until the work is completed and accepted by the City. For new construction projects, the Contractor agrees to assume full responsibility for loss or damage to the work being performed and to the buildings under construction. For renovation construction projects, the Contractor agrees to assume responsibility for loss or damage to the work being performed at least up to the full Contract Amount, unless otherwise required by the Contract Documents or amendments thereto. Builder’s Risk insurance shall be on an all-risk policy form and shall cover false work and temporary buildings. Builder’s Risk insurance shall insure against risk of direct physical loss or damage from external causes including debris removal, demolition occasioned by enforcement of any applicable legal requirements and shall cover reasonable compensation for Architect’s service

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Amended March 2017

and expenses required as a result of such insured loss and other “soft costs” as required by the Contract. Builder’s Risk insurance must provide coverage from the time any covered property becomes Contractor’s control and/or responsibility, and continue without interruption during construction or renovation or installation, including any time during which the covered property is being transported to the construction installation site, and while on the construction or installation site awaiting installation. The policy will provide coverage while the covered premises or any part thereof is occupied. Builder’s Risk insurance shall be primary and not contributory. If the Contract requires testing of equipment or other similar operations, at the option of the City, the Contractor will be responsible for providing property insurance for these exposures under a Boiler Machinery insurance policy. Required coverage may be modified by an amendment to the Contract Documents. Certificates of Insurance Prior to commencing work or services under this Contract, Contractor shall furnish the City with Certificates of Insurance, or formal endorsements as required by the Contract, issued by Contractor’s insurer(s), as evidence that policies providing the required coverage, conditions and limits required by this Contract are in full force and effect. In the event any insurance policy (ies) required by this contract is (are) written on a “claims made” basis, coverage shall extend for two years past completion and acceptance of the Contractor’s work or services and as evidenced by annual Certificates of Insurance. If a policy does expire during the life of the Contract, a renewal certificate must be sent to the City fifteen (15) days prior to the expiration date. All Certificates of Insurance shall be identified with bid/project number and project name. A $25.00 administrative fee will be assessed for all certificates received without the appropriate bid serial number and title. Cancellation and Expiration Notice Insurance required herein shall not expire, be canceled, or materially changed without thirty (30) days written notice to the City.

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Amended March 2017

SECTION 104 - SCOPE OF WORK 104.1.3 WATER SUPPLY: (revise to include the following) The Contractor is advised that the use of fire hydrants as a source of construction water is not guaranteed and is subject to the restrictions, terms and conditions of the City of Flagstaff Utilities Department. Prior to submitting a bid, the Contractor shall determine such restrictions, terms and conditions and shall incorporate the costs thereof into his or her proposal. If hydrants are not available as a source of construction water, reclaimed water is available at the Wildcat Hill Wastewater Treatment plant on East Highway 66 and at the south end of Babbitt Drive at the Rio De Flag Water Reclamation Plant. Additional reclaimed water bulk loading sites are located in other areas of the city. The contractor should obtain current locations from the Utilities Department. Current rates for the reclaimed water shall apply. Prior to loading, hauling and applying reclaim water, the Contractor shall be required to obtain the necessary no fee permit at the Wildcat Hill Wastewater Treatment Plant or from the Rio De Flag plant and shall be responsible for complying with all permit and ADEQ requirements regarding the use of reclaim water. 104.2 ALTERATION OF THE WORK: 104.2.3 DUE TO EXTRA WORK: (revise to include the following) When Allowance and/or Contingency items are provided for in the contract, the funds are encumbered for use at the discretion of the Project Manager. The funds are to cover unanticipated costs to complete items of work not included in the Contract Documents or may be applied to any work deemed necessary by the Owner. Work would include, but not limited to, unanticipated conditions, scope changes, addressing errors or omissions, and/or construction changes that are warranted for project completion consistent with the purpose of the work. The amount of the allowance item is determined by the City and is not subject to individual bid pricing. All bidders shall incorporate the amount pre-entered in the bid proposal and shall reflect the same in the total amount bid for the project. The allowance item provides an estimated funding to cover unforeseen changes that may be encountered and corresponding extra work needed to complete the contract. Any work which is to be paid out of this allowance shall be authorized in writing and approved by Field Order prior to proceeding with the work. Extra work shall be paid for in the following order of precedence: 1.) by extension of unit bid prices, 2.) by negotiated price or 3.) by a time and materials basis in accordance with MAG Section 109.5. It shall be understood that the amount for this item in the proposal is an estimate only and no guarantee is given that the full amount or any portion thereof will actually be utilized. It shall not be utilized without first obtaining an approved Field Order signed by the Contractor and the Project Manager.

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Amended March 2017

105.2.1 RECORD DRAWING (As-Built Plans) (revise to include new subsection as follows) The Contractor shall retain an Arizona licensed civil engineer to record information that is modified from the originally approved sealed plans. Prior to the City’s final approval and acceptance of public improvements (sanitary sewer, water, storm sewer, streets) as-built plans must be submitted to the City for review and acceptance per Engineering Standard Specifications. Submittal shall be two sets of blue or black line paper sets, copied from the original mylar set. One set will be reviewed by the City and returned with applicable comments. Comments are to be addressed and two paper sets resubmitted for City’s final approval. A reference checklist is available from the office of the City Engineer. Upon City and ADEQ (when applicable) review and approval of the submittal, one set of mylars shall be submitted to the City as a permanent record. All record drawing plan sets shall contain a statement by a licensed professional engineer, currently registered to practice in Arizona, certifying that the drawings are per the as-built condition. The record set requires the seal and signature of the registrant. Payment shall be lump sum for all work required to develop the necessary documents, including but not limited to coordination, field inspection, survey, drafting, printing and engineer’s seal. The fee shall include as-built information for all record changes within the project area. SECTION 105 - CONTROL OF WORK 105.8 CONSTRUCTION STAKES, LINES AND GRADES: (revise entire subsection to read as follows) The Contractor shall be responsible for all required construction staking, including preconstruction staking for relocation of existing utilities. All construction staking is to be done under the direct supervision of a Registered Land Surveyor or Civil Engineer. All costs associated with this work are to be included in the amount bid for the items of work to which it is incidental or appurtenant. No separate payment will be made for construction staking. 105.10 INSPECTION OF THE WORK (revise to include the following) The Contractor is responsible for Quality Control of the work. The City will perform Quality Assurance; frequency of testing will be determined by the City. The Contractor shall be responsible for coordinating and scheduling all inspections of the work and shall confirm that the required inspections and material testing are completed and accepted prior to proceeding with additional work. The Contractor is required to perform the work to a confidence level that the City’s Quality Assurance will validate that the work meets specification(s).

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105.11 REMOVAL OF UNACCEPTABLE AND UNAUTHORIZED WORK: (revise to include the following) Any work and/or materials condemned by the Project Manager as inferior or not in compliance with the Contract, Specifications and Plans shall be immediately removed by the Contractor. Materials and/or work so condemned shall be removed and promptly replaced and executed in accordance with the Contract, Specifications and Plans without any expense to the Owner. The Contractor shall bear the expense of making good on all work of other contractors destroyed or damaged by such removal and replacement. 105.12 MAINTENANCE DURING CONSTRUCTION: (revise to include the following) The Contractor is responsible to provide adequate drainage for the construction area at all times. Damage to any portion of the work caused by the Contractor's failure to provide adequate drainage of the construction area shall be repaired at the Contractor's expense. A contract time extension will not be granted for any additional time required to make such repairs. The Contractor shall control open excavations and stockpiling in a manner to prevent water from running into excavations. Obstructions of surface drainage shall be avoided and means shall be provided whereby storm water and wastewater can flow uninterrupted in existing or established pipes, flow courses, other surface drains, temporary drains or channels. Material for backfill or for protection of excavations within public roads or easements shall be placed and shaped to cause the least possible interference to public travel. In no event shall any flows be allowed to enter private property. 105.16 MAINTENANCE DURING WINTER SUSPENSION OF WORK (revise to include new subsection as follows) If work has been suspended due to winter weather, the Contractor shall be responsible for maintenance and protection of the improvements and of partially completed portions of the work until final acceptance of the project. Winter suspension shall be by field order, change order or original contract. City retains the right to declare a winter shutdown. If repairs and/or maintenance are needed during the suspension, the Contractor is required to perform the repairs and/or maintenance within twenty-four (24) hours of notification from the City. If the needed repairs and/or maintenance are not addressed within the timeframe, the City will accomplish the work and deduct the cost from monies due or become due to the Contractor. The City shall provide snow removal operations on active traffic lanes only. All other snow removal and maintenance operations shall be the responsibility of the Contractor. All cost associated with snow removal and proper disposal shall be considered incidental to the work including the repair of temporary surface improvements due to normal wear and snow removal operations.

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SECTION 107 - LEGAL REGULATIONS AND RESPONSIBILITY TO THE PUBLIC 107.1 LAWS TO BE OBSERVED: (revise to include the following) (G) TAX EXEMPTION: Certain material, machinery and equipment to be installed in this project is exempt from sales tax or use tax as allowed in Arizona Revised Statutes Section 42-5061, 42-5009 and Section 42-5159 and by the Administrative Rules and Regulations of the Arizona Department of Revenue; ACC R15-5-608, R15-5-120 and R15-5-2314. The City wishes to rely upon the expertise of the contractor in the purchase of items that qualify for the tax exemption. With respect to purchase of the qualifying items, the Contractor is authorized to act as an agent for the City. This agency agreement is strictly limited to the purchase of the qualifying items to be used in the construction of the project and will not otherwise affect or alter the respective rights, responsibilities and remedies of the parties as specified under this contract. The contractor shall furnish the City a list of suppliers and the material, machinery and equipment to be furnished by each. The City will then issue the materials and equipment exemption certificate to each supplier pursuant to A.R.S. §42-5009 (A) (2). The contractor's applicable unit bid prices for items qualifying for this tax exemption should not include sales or use tax. The materials, machinery and equipment that are a part of this project and to which the exemption applies are listed below: 1. Pipes, valves and appurtenances four (4) inches in diameter or larger used to transport

potable water, 2. Any additional material, machinery or equipment identified in the Special Provisions. 107.2 PERMITS: (revise to include the following) The City of Flagstaff shall issue a no fee permit for work in City right-of-way for this Contract. The City shall work with the Contractor to obtain a permit for work in State of Arizona right-of-way from the Arizona Department of Transportation. The Contractor may not commence work until these permits are issued. 107.2.1 TEMPORARY USE PERMITS: (revise to include new subsection as follows) A Temporary Use Permit (and Above Ground Fuel Storage Permit if applicable) is required prior to the establishment of any temporary construction yard, material storage area or staging area located within City limits and outside the public right-of-way or project limits. The Contractor is responsible for obtaining the necessary Temporary Use Permit from the agency with jurisdictional authority. The time required to process the Temporary Use Permit is approximately twelve (12) calendar days. The Contractor shall submit the necessary permit application no later than ten (10) calendar days following the Notice of Award. Any delays experienced by the Contractor in acquiring the Temporary Use Permit shall not necessarily be grounds for delaying the project Notice to Proceed.

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107.2.2 DISPOSAL OF WASTE AND SURPLUS MATERIAL: (revise to include the following) All disposal costs, regardless of disposal site, shall be included in the bid unit price for the related item of work and no direct payment will be made for disposal of waste or surplus materials. This right of disposal does not apply to any substance or items that are regarded as toxic and/or hazardous by the City, the State of Arizona or the United States Government. Alternate disposal sites may be proposed by the Contractor but are subject to all applicable local ordinances and codes. In addition to the property owner's written authorization, all disposal sites within the city limits are subject to review and approval by the Temporary Use Permit process. The disposal of material at alternate disposal sites will not be allowed without written authorization of the owner, approval of the appropriate jurisdictional authority, and the issuance of all necessary permits. 107.2.3 ABOVE GROUND FUEL STORAGE PERMIT: (revise to include new subsection as follows) If required, Above Ground Fuel Storage Permits may be obtained from the City of Flagstaff Fire Department, located at 211 West Aspen Avenue, Flagstaff, AZ. The Contractor is responsible for obtaining the permit. 107.5 SAFETY, HEALTH, AND SANITATION PROVISIONS: 107.5.4 HANDLING, REMOVAL AND DISPOSAL OF SURPLUS MATERIAL AND

ASBESTOS CONTAINING MATERIALS (ACM) (revise to include new subsection as follows) The Contractor is responsible for handling, removal and disposal of all soil material generated by the project as described in the General Provisions. The City requires compliance with Environmental Protection Agency (EPA), Arizona Department of Environmental Quality (ADEQ) and Occupational Safety and Health Administration (OSHA) asbestos regulations for all City projects. Utility pipes constructed of materials other than metal or polyvinyl chloride (PVC) require testing prior to any disturbance of the pipes to determine if regulated levels of asbestos are present in the pipe material. Suspect pipe materials requiring testing typically include vitrified clay and cement pipe (transite). Asbestos testing is not required for metal pipes. City Public Works/Sustainability & Environmental Management staff are available to collect samples and submit the samples for analyses. The City of Flagstaff will provide testing free of charge. If the pipe does not contain regulated levels of asbestos, the contractor may disturb and remove the piping. If utility piping contains regulated levels of asbestos, an asbestos abatement contractor must perform any disturbance/removal of the pipe materials. This is required to ensure workers are not exposed to any asbestos fibers.

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Work may require the proper handling, removal and disposal of regulated asbestos piping and materials generated by cutting or breaking the pipe to remove it from the ground. If asbestos containing materials (ACM) removal is necessary on the project, the City of Flagstaff requirements for handling, removal and disposal are as follows:

If an infrastructure or building material that is not either wood, glass or metal is encountered during the project and has not yet been either assumed or positively identified to be ACM then the material(s) must be sampled in accordance with regulations generated by the EPA Asbestos Hazard and Emergency Response Act (AHERA) 40 CFR 763 as well as OSHA 29 CFR 1910.1101, by a certified AHERA Building Inspector and sent to a National Voluntary Laboratory Accreditation Program (NVLAP) certified laboratory for analysis.

Once materials of concern are assumed or properly identified to be ACM then material

removal is required according to OSHA 29 CFR 1910-1926.1101 by a certified asbestos abatement worker, and NOT a general contractor (GC). However, if the GC holds the appropriate asbestos certifications (AHERA Asbestos Operations and Maintenance), which the City would need to verify is current, then the GC could perform the asbestos abatement.

The City requires the General Contractor arrange for abatement of assumed and/or identified ACM by a certified asbestos abatement contractor and to arrange area and/or clearance air monitoring by a third party certified asbestos consultant. If applicable to the project, copies of abatement activities and air monitoring shall be provided to City of Flagstaff Environmental Management staff. In the event of large disturbances to ACM, compliance with the National Emission Standards for Hazardous Air Pollutants (NESHAP) 40 CFR 61, Subpart M shall be followed. Notification would be required the Arizona Department of Environmental Quality http://www.azdeq.gov/environ/air/asbestos/ 10 working days in advance of the start of a large project. This notification is not typically required for utility pipe work, but could be required for a very large project involving numerous saw cuts of utility pipes. If ACM removal is necessary on the project, the City of Flagstaff requirements for ACM disposal at the City’s Cinder Lake Landfill are as follows:

Only non-friable asbestos waste is accepted for disposal at Cinder Lake Landfill. PRIOR to disposal of non-friable ACM, obtain the necessary forms, which are:

• Non-Friable Asbestos Waste Acceptance Application and accompanying instructions

• Non-Friable Asbestos Waste Shipment Record (WSR) The Asbestos Waste Acceptance Application is available at the City of Flagstaff’s website or by contacting the City of Flagstaff Environmental Management staff. A Waste Shipment Record is required to accompany each load of non-friable asbestos waste taken to the Cinder Lake Landfill.

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Assure the non-friable ACM is properly handled and wrapped. Non-friable ACM must be thoroughly wetted using amended water PRIOR to being wrapped in 6-millimeter poly and be tightly sealed with duct tape. If the material is heavy (such as transite pipe), has sharp edges, or may easily puncture the poly wrap, a double layer of poly will be necessary. The Cinder Lake Landfill scale house attendant will inspect the load to ensure it is properly wrapped. Containers holding non-friable ACM shall be carefully unloaded and placed in a designated location. Dumping using a hydraulically lifted bed of a truck is not permitted (dump truck), as the poly wrap may be torn open. If using a large bin for disposal, attach a copy of the Waste Shipment Record to the disposal bin. If not using a City of Flagstaff disposal bin, make sure the delivery driver takes a copy of the SIGNED Non-Friable Asbestos Waste Acceptance Application and the Waste Shipment Record to the Cinder Lakes Landfill with the waste delivery. If using a City of Flagstaff disposal bin call City Environmental Services at (928) 774-0668 to schedule a pick-up for the disposal bin. Please be sure to provide the driver with the SIGNED Non-Friable Asbestos Waste Acceptance Application and the Waste Shipment Record and be sure to clarify if you would like the disposal bin emptied and removed, or emptied and returned to the work site. When disposal is completed, the Landfill Manager will sign the Waste Shipment Record and landfill staff will provide or mail a copy of the Waste Shipment Record. Cutting of utility pipes generates Regulated Asbestos Containing Material (dust from cutting) and breaking pipes may generate RACM. RACM requires disposal at the Joseph City Landfill or at other landfills located in southern Arizona. All work relating to the removal and disposal of unknown and/or unanticipated hazardous materials as described above shall be paid per MAG 109.4.3. 107.8 107USE OF EXPLOSIVES: (first paragraph, revise second sentence to read as follows) The Contractor shall submit a blasting plan for approval and obtain a Blasting Permit from the City of Flagstaff Fire Department, located at 211 W. Aspen Avenue, Flagstaff, Arizona. (revise to include the following) The Contractor shall submit a copy of the approved blasting plan to the Project Manager. The plan shall include as a minimum; safety layout, drilling pattern, size and depth of bore, weight and type of charge, delay sequence, contractor's anticipated peak particle velocity at the right-of-way line or nearest structure, and the proposed seismograph locations. A record of each blast shall be kept and all records including seismograph reports shall be available for inspection. Each record shall provide as a minimum; location, date and time of blast, name of person in charge, number of holes burdened, spacing, diameter and depth of holes, boring logs to determine top of rock, type and total amount of explosives used, direction and distance to nearest building, type of detonators and delay periods used, and exact locations of seismographs.

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When blasting operations are to be conducted within 200 feet of a water line, sewer line or other underground utility, the Contractor shall take additional precautionary measures. The Contractor shall notify the owner of the facility a minimum of two weeks in advance that such blasting operations are intended. At their discretion, the Owner may perform pre-blast, post-blast pressure tests or other inspection of the facility. If any damage occurs because of blasting operations, the Contractor shall be responsible for the restoration of the facility to pre-blast conditions. 107.9 PROTECTION AND RESTORATION OF PROPERTY AND LANDSCAPE: (revise to include the following) The Contractor is responsible for replacing and/or restoring the site, landscaping and owner’s improvements associated with the project to the pre-existing condition using in-kind materials. All cost shall be included in the bid as incidental to the work, unless otherwise specified in the bid schedule or plans. Within easements, the Contractor is responsible for removing existing improvements and salvaging items (not identified for removal) for relocation after the public improvements are completed. Close coordination between the Contractor and property owners and/or residents is required. 107.11 CONTRACTOR'S RESPONSIBILITY FOR UTILITY PROPERTY AND

SERVICES: (revise to include the following) All power poles, pedestals, guy wires and underground facilities shall be removed and/or relocated by the respective owners of the facilities. The contractor is responsible for the notification and coordination with the utility companies to ensure that this work is accomplished in a manner consistent with the construction schedule. Payment for Franchise Utility coordination and location is incidental to the cost of the work. The Contractor shall perform utility potholes and identify potential conflicts prior to trenching. The utility pothole information and identification of potential conflicts shall be provided to the Project Manager at least two weeks prior to performing trenching or pipeline construction. SECTION 108 - COMMENCEMENT, PROSECUTION AND PROGRESS 108.1 NOTICE TO PROCEED: (revise to include the following) Time is of the essence in submitting the initial and revised construction schedule and traffic control plan. Each is a requirement that precedes the Contractor's right and the City's obligation to proceed with the agreement.

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The Notice to Proceed shall be issued for a start date no later than twenty-seven (27) calendar days following receipt of the Notice of Award. The Contractor shall be required to submit a construction schedule and traffic control plan in accordance with the Contract Documents and the following: The Contractor shall within seven (7) calendar days of receiving the Notice of Award, submit a construction schedule and traffic control plan to the Project Manager. The Project Manager shall promptly review the construction schedule and traffic control plan and either approve them, or provide a written list of the items that will require revision. The Contractor shall submit the revised construction schedule and traffic control plan within five (5) calendar days of receiving the Project Manager's list of required revisions. The corrected construction schedule and traffic control plan submittal shall address all comments from the Project Manager's list of required revisions. If the Project Manager approves the second submission of the construction schedule and traffic control plan, a notice will be issued specifying the date on which the Contractor may proceed with the work. If it is determined that the construction schedule and/or traffic control plan are not adequate to manage the contract, the Contractor shall be notified in writing. Within three (3) full business days following receipt of the notice, the Contractor shall elect to: 1. Submit a revised final construction schedule and traffic control plan together with a

cashier's check or bank draft in the amount of two and one half (2 1/2) percent of the contract price as liquidated damages for the delay time lost to that date; or

2. Do nothing, in which case this contract shall be deemed terminated at the Contractor's election. The Contractor shall then have no right or duty to continue performance and the City shall be released from all liability to the Contractor under this agreement.

In the event the Contractor elects the first alternative, the Project Manager shall approve the final construction schedule and traffic control plan if acceptable, in which case the City shall be entitled to the liquidated damages or shall reject the construction schedule and traffic control plan and return the check or draft. In the latter event, the contract shall be deemed terminated, the liquidated damages provision shall not apply, and the City shall be entitled to recover its actual damages incurred for the Contractor's breach of agreement. 108.3 CORRESPONDENCE TO THE CONTRACTOR: (revise to include the following) In addition to written communication to the Project Manager, the Contractor shall provide and maintain a contact located within ten miles of the job site at all times throughout the duration of the Contract. The designated contact shall be accessible by telephone at all times to respond to agency requirements and emergencies. The local location and phone number(s) shall be provided to the Project Manager prior to issuance of the Notice to Proceed. Any changes of the location or phone number(s) shall be reported immediately to the Project Manager. If a response is needed, the Contractor is required to respond and perform the repairs and/or maintenance within two (2) hours of notification from the City. If the needed repairs and/or maintenance are not addressed within the timeframe, the City will accomplish the work and deduct the cost from monies due or become due to the Contractor.

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108.4 CONTRACTOR'S CONSTRUCTION SCHEDULE: (revise to include the following) The Contractor’s schedule shall include, as a minimum, the following:

Identification of project tasks with assigned dates and durations, which reflect anticipated sequencing of construction activities on scheduled working days;

All anticipated subcontractors that will be used during the course of the work; The anticipated number of crews to expedite the progress and ensure prompt completion of the

work; Definition of a crew;

personnel (e.g. operator, laborer) equipment (e.g. Cat 325 Excavator, 950 Loader) workdays anticipated or scheduled per week (e.g. Monday through Friday) work hours anticipated or scheduled per day (e.g. 7:00 am to 3:30 pm)

Anticipated adverse weather days for weather dependent activities, weekends and holidays. Specific long lead times for delivery of equipment and materials; Critical path project schedules may be required as provided for by the Special Provisions or

Project Addenda. 108.5 LIMITATION OF OPERATIONS: (third paragraph, revise to read as follows) Except in emergencies endangering life or property, written permission shall be obtained from the City prior to performing any work on weekends, legal holidays or after regular work hours (hereinafter defined as 7:00 a.m. to 5:00 p.m. - Monday through Friday). Inspection and testing will not be provided on Sundays or City legal holidays without prior approval from the Project Manager (72-hour advance notice) and total compensation by the Contractor for any necessary personnel, equipment and services. Overtime compensation for City personnel shall be as follows: Construction Supervisor @ $ 43.00/hour Inspector II @ $ 35.00/hour Inspector I @ $30.00/hour Lab Tech I @ $ 25.00/hour Vehicle @ $1.80/hour 108.7 DETERMINATION AND EXTENSION OF CONTRACT TIME: (revise to include the following) The contract time, including final cleanup of the project site and storage areas, may be extended because of weather conditions that cannot be reasonably anticipated from established weather patterns. Adverse weather day patterns (identified below) were determined as being equal to or greater than twenty-five (25) percent of the historical monthly average as recorded by the National Weather Service at Pulliam Airport.

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Month January February March April May June Adverse Weather Days

7 7 8 6 4 3

Month July August September October November December Adverse Weather Days

12 11 7 5 5 6

Contract time extensions due to adverse weather may be considered warranted when actual work critical to the timely completion of the project is delayed for fifty (50) percent or more of the Contractor's scheduled workday. Number of days may include time for which job progress has been affected by adverse weather during scheduled working days. The number of days that the scheduled work is actually impacted by adverse weather shall be recorded weekly during the construction period. For delay of critical work from adverse weather experienced during the prior week’s work, the Contractor is required to submit a written claim request for additional contract time no later than the next normally scheduled weekly project meeting, The City may convert any delays meeting the above requirements to calendar days and extend the contract period as necessary. No additional compensation will be allowed for direct and indirect overhead expenses associates with any such contract time extensions. 108.8 GUARANTEE AND WARRANTY PROVISIONS: (revise to include the following) If requested by the City, the Contractor shall return to the project site eleven months after acceptance of the project and visually inspect, in the presence of the Owner's Representative, all accessible construction items and appurtenances. All defective materials and/or workmanship shall be satisfactorily repaired or replaced at the sole expense of the Contractor. All costs for the 11-month inspection and repair shall be borne by the Contractor and in figuring his or her bid, the Contractor shall include an appropriate amount for such inspection and possible required repair, and no additional payment will be allowed. 108.10 FORFEITURE AND DEFAULT OF CONTRACT: (revise to include new section) Due to Failure to Prosecute the Work If the Contractor fails to prosecute the work in accordance with the contract, including requirements of the progress schedule, the City may correct these deficiencies after three days after providing written notice to the Contractor. The cost of these remedies shall be charged against the Contractor. A change order may be issued to make the necessary changes in the contract and to make an appropriate reduction in the contract price. Such a change order shall not require the signature or approval of the Contractor. The remedy shall not prejudice the City’s use of any other remedy, which the City may be entitled to use.

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108.12 AUTHORIZED SIGNATURES: (revise to include new section) The Contractor shall provide a notarized list of all authorized signatures for project related documents. Only those individuals listed by the Contractor on the project Authorized Signature form shall be authorized to sign the contract, contract change orders, time extensions, bonds, securities, pay requests, certifications or other documents that affect the execution of the Contract. 108.13 SUBSTANTIAL COMPLETION: (revise to include new section) The project is substantially complete and liquidated damages will no longer be assessed when all of the following have occurred: (A) All original bid items of work have been completed, accepted and pedestrian and vehicular traffic can move unimpeded through the project; (B) The only work left for completion is incidental, causes no disruption to pedestrian and vehicular traffic, and does not affect the safety and convenience of the public; The decision whether the project is substantially complete is within the sole discretion of the Project Manager. Once substantial completion is granted, the Contractor shall actively work to achieve Final Acceptance of the construction phase of the Contract within 15-calendar days from the Substantial Completion date of that phase. Failure to prosecute the remaining work within this time-period will result in the resumption of time charges and the application of liquidated damages from the date scheduled for final acceptance. The Contractor is responsible for maintenance and repairs of any project work until final acceptance, at which time the City will accept the improvements for operation and maintenance. 108.14 SUSPENSION and TERMINATION: (revise to include new section) City’s Right to Stop Work City may, at its discretion and without cause, order Contractor in writing to stop and suspend the Work. Such suspension shall not exceed one hundred and eighty (180) consecutive days. Contractor may seek an adjustment of the Contract Price and/or Contract Time if its cost or time to perform the Work has been adversely impacted by any suspension or stoppage of Work by City.

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Termination for Convenience Upon receipt of written notice to Contractor, City may, at its discretion and without cause, elect to terminate this Agreement. In such event, City shall pay Contractor only the direct value of its completed Work and materials supplied as of the date of termination. Contractor shall be entitled to profit and overhead on completed Work only, but shall not be entitled to anticipated profit or anticipated overhead. If the City suspends the Work for one hundred eighty-one (181) consecutive days or more, such suspension shall be deemed a termination for convenience. Upon such termination, Contractor shall proceed with the following obligations.

1. Stop Work as specified in the notice. 2. Place no further subcontracts or orders. 3. Terminate all subcontracts to the extent they relate to the work terminated. Contractor shall

ensure that all subcontracts contain this same termination for convenience provision.

4. At the City’s sole discretion and if requested in writing by the City, assign to the City all right, title and interest of Contractor under the subcontracts subject to termination.

5. Take any action that may be necessary for the protection and preservation of the property related to this Agreement that is in the possession of Contractor and in which the City has or may acquire an interest.

6. Contractor shall submit complete termination inventory schedules no later than one hundred twenty (120) days from the date of the notice of termination.

The City shall pay Contractor the following: 1. The direct value of its completed Work and materials supplied as of the date of termination. 2. The reasonable and direct, actual costs and expenses attributable to such termination.

Reasonable costs and expenses shall not include, among other things, anticipated profit, anticipated overhead, or costs arising from Contractor’s failure to perform as required under this Agreement.

3. Contractor shall be entitled to profit and overhead on completed Work only, but shall not be entitled to anticipated profit or anticipated overhead. If it is determined that Contractor would have sustained a loss on the entire Work had they been completed, Contractor shall not be allowed profit and the City shall reduce the settlement to reflect the indicated rate of loss.

Contractor shall maintain all records and documents for three (3) years after final settlement. These

records shall be maintained and subject to auditing as prescribed in Section 7.7. The City’s Right to Perform and Terminate for Cause If the City provides Contractor with a written order to provide adequate maintenance of traffic, adequate cleanup, adequate dust control or to correct deficiencies or damage resulting from abnormal weather conditions and Contractor fails to comply in a time frame specified, the City may have work accomplished by other sources at Contractor’s sole expense.

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If Contractor persistently fails to 1. provide a sufficient number of skilled workers, 2. supply the materials required by the Contract Documents, 3. comply with applicable Legal Requirements, 4. timely pay, without cause, sub-consultants and/or subcontractors, 5. prosecute the Work with promptness and diligence to ensure that the Work is

completed by the Contract Time, as such times may be adjusted, or 6. perform material obligations under the Contract Documents, then the City, in addition to any other rights and remedies provided in the Contract Documents or by law, shall have the rights set forth below.

Upon the occurrence of an event set forth above, City may provide written notice to Contractor that it intends to terminate this Agreement unless the problem cited is cured, or commenced to be cured, within seven (7) days of Contractor’s receipt of such notice. If Contractor fails to cure, or reasonably commence to cure, such problem, then City may give a second written notice to Contractor of its intent to terminate within an additional seven (7) day period. If Contractor, within such second seven (7) day period, fails to cure, or reasonably commence to cure, such problem, then City may declare this Agreement terminated for default by providing written notice to Contractor of such declaration. Upon declaring this Agreement terminated and for the purpose of completing the Work, City may enter upon the premises and take possession of all materials, equipment, scaffolds, tools, appliances and other items thereon, which have been purchased or provided for the performance of the Work. Contractor hereby transfers, assigns and conveys all items, which have been purchased or provided for the performance of the Work to the City for such purpose and to employ any person or persons to complete the Work and provide all of the required labor, services, materials, equipment and other items. In the event of such termination, Contractor shall not be entitled to receive any further payments under the Contract Documents until the Work shall be finally completed in accordance with the Contract Documents. At such time, Contractor shall be entitled to be paid only for Work performed and accepted by the City prior to its default. If City’s cost and expense of completing the Work exceeds the unpaid balance of the Contract Price, then Contractor shall be obligated to pay the difference to City. Such costs and expenses shall include not only the cost of completing the Work, but also losses, damages, costs and expense, including attorneys’ fees and expenses, incurred by City in connection with the re-procurement and defense of claims arising from Contractor’s default. If City improperly terminates the Agreement for cause, the termination for cause shall be converted to a termination for convenience in accordance with the provisions of 108.14

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SECTION 109 - MEASUREMENTS AND PAYMENTS 109.1 MEASUREMENT OF QUANTITIES: (revise to include the following) It is the responsibility of the Contractor to conform to the Contract Documents, including plans, typical sections and specifications including but not be limited to dimensions, materials, application rates and densities. The Contractor shall take all actions necessary to ensure that the work conforms to the contract documents. The Contractor shall cooperate fully with the Project Manager or Project Manager's representative to correct any known nonconformity to the contract documents. 109.1 MEASUREMENT OF QUANTITIES: (delete the second paragraph) Unless otherwise specified, longitudinal and surface (plane) measurements will be made in a horizontal plane. PART 200 - EARTHWORK SECTION 201 - CLEARING AND GRUBBING 201.3 CONSTRUCTION METHODS: (revise to include the following) The Contractor shall make every effort possible to avoid damaging existing trees. In the event that any trees suffer limb damage, the Contractor shall cut branches to the nearest branch crotch or to the branch collar at the trunk. No separate payment will be made for trimming trees. The cost shall be considered incidental to the work. SECTION 205 - ROADWAY EXCAVATION SECTION 205 – ROADWAY EXCAVATION 205.1 DESCRIPTION (revise to include the following) The bid schedule unit cost for excavation, backfill and embankment work shall include the cost of rock excavation, handling rock or disposing of rock and no separate measurement or payment shall be made. Rock shall be defined as any highly cemented or hard material that may require additional efforts for removal, handling or disposal.

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205.2 UNSUITABLE MATERIAL: (third paragraph, revise to read as follows) Should unsuitable material be encountered at subgrade elevation in cut areas or at existing grade in fill areas, the unsuitable material shall be removed and replaced with suitable fill material in accordance with MAG Section 210 and MAG Section 211. Determination of unsuitable material and the limits and depths of required removal and replacement shall be at the sole discretion of the Project Manager. In no case shall any unsuitable material be removed without prior written consent of the Project Manager. Measurement and payment for removal and replacement of unsuitable material will be by the cubic yard as shown in the proposal. Payment shall be compensation in full for the work complete and in-place including any borrow, permits, pit royalties, all excavation, hauling, placing, compacting, conditioning, watering and proper disposal, together with all appurtenant costs. 205.3 MEASUREMENT (revise to include the following) Earthwork is incidental to the roadway construction and no additional payment will be made for roadway excavation. The Contractor shall be responsible for estimating and accounting for earthwork import and haul off. It is recommended that the Contractor review the report on geotechnical investigation and sampling results. PART 300 -- STREETS AND RELATED WORK SECTION 301 - SUB-GRADE PREPARATION 301.1 DESCRIPTION: (revise to include the following) The untreated base or prepared subgrade shall be test rolled in the presence of the Project Manager prior to the placement of asphalt paving materials. The equipment used to perform the test roll shall be approved by the Project Manager. The Contractor shall be responsible for scheduling this test roll with the Inspector during regularly scheduled work. All costs associated with the test roll shall be considered incidental to and included in the cost of sub-grade preparation. SECTION 336 - PAVEMENT MATCHING AND SURFACING REPLACEMENT 336.1 DESCRIPTION: (first paragraph, revise to include the following) The exact points of pavement matching shall be determined in the field by the Project Manager.

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336.2 MATERIALS AND CONSTRUCTION METHODS: 336.2.1 PAVEMENT WIDENING OR EXTENSIONS: (first paragraph, revise second sentence to read as follows) The minimum depth of cut shall be four (4) inches or Depth/4, whichever is greater. PART 400 -- RIGHT-OF-WAY AND TRAFFIC CONTROL SECTION 401 - TRAFFIC CONTROL 401.5 GENERAL TRAFFIC REGULATIONS: (revise to include the following) Within seven (7) calendar days following receipt of the Notice of Award and in accordance with Section 108.1 of these General Provisions, the Contractor shall submit to the Project Manager a traffic control plan that shows the control of traffic in accordance with Part VI of the FHWA Manual on Uniform Traffic Control Devices for all phases of the work. The plan should include nights, weekends, shut down periods and an approximate schedule of street closures and detours. The Traffic Control Plan is to detail the Contractor's proposal for routing traffic and pedestrians around the areas of construction. The Plan shall be coordinated with the proposed construction schedule and show how the locations of the various traffic and pedestrian control devices will change as construction progresses. The Plan shall allow for complete detours around the work areas. Private and commercial driveways shall not be closed for any period exceeding eight hours during any twenty-four-hour period. The affected resident and the City shall be notified 48 hours in advance of any closure. Convenient access to driveways, houses and buildings along the line of work shall be maintained and temporary crossings or alternate access shall be provided and maintained in good condition, except during that period mentioned above. Business access shall be maintained at all times by at least one driveway. (eleventh paragraph, revise to read as follows) The Contractor will reinstall all permanent traffic control devices as required by the approved construction plans and specifications. (twelfth paragraph, delete the last sentence) Delete - The Traffic Engineering Department will reinstall all traffic signs.

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401.7 PAYMENT: (revise paragraph to read as follows) Payment for all work and materials required to prepare a traffic control plan and provide traffic control during construction shall be made at the lump sum price shown on the Bid Schedule. Full compensation for any required traffic control devices, flaggers, uniformed off-duty law enforcement officers, pilot cars and drivers shall be included in the lump sum contract price and no additional payment shall be allowed. Progress payments shall be made based on the Contractor’s estimate for percent complete as approved by the Owner. SECTION 425 TOPSOIL 425.2 MATERIALS: (revise to read as follows) Overburden topsoil shall be salvaged and reused when possible. All topsoil, whether overburden or imported, shall be free of roots, heavy clay, clods, noxious weed seeds, coarse sand, large rocks, sticks, brush, litter and other deleterious material and meet the requirements of MAG Section 795. The Project Manager's approval of the proposed topsoil shall be obtained before delivery to the project. 425.4 MEASUREMENT: (revise paragraph to read as follows) Topsoil shall be measured lump sum, complete and in place unless indicated otherwise by the bid schedule. 425.5 PAYMENT: (revise to read as follows) Topsoil will be paid for in accordance with the contracted price for furnishing and placing topsoil, as described and specified. Progress payment shall be made based on the Contractor’s estimate for percent complete as approved by the Owner. SECTION 431 – EROSION CONTROL (revise to include new section as follows) 431.1 DESCRIPTION Erosion control applies to improvements within the city and as part of the erosion control section of a Storm Water Pollution Prevention Plan (SWPPP). Materials, means and methods for erosion control and stabilization, Best Management Practices (BMPs), Erosion Control Plans (ECPs) and SWPPPs are described in the City of Flagstaff Stormwater Design Manual.

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The Contractor shall stabilize all disturbed areas within the project site and as shown on the plans. Work shall be performed according to the provisions of this Section and shall include but not be limited to the furnishing, hauling, placement and application of erosion control materials.

The Contractor is responsible for complying with the requirements of the National Pollutant Discharge Elimination System (NPDES) permit program. This generally includes submittal of a Notice of Intent to the Arizona Department of Environmental Quality (ADEQ) and Notice of Termination to ADEQ for the project. Preparation and implementation of a Storm Water Pollution Prevention Plan (SWPPP) for the site is required per ADEQ and City of Flagstaff standards.

The cost for complying with the NPDES permit and the SWPPP, including the erosion control devices, shall be included in the NPDES & SWPPP Requirements portion of the Contractor’s bid. It is recommended that contractors see the ADEQ Smart NOI (Notice of Intent) program website (http://az.gov/webapp/noi/main.do) for information and processes. Progress payment shall be made based on the Contractor’s estimate for percent complete as approved by the Owner. 432.1 NATIVE SEEDING All areas to be seeded that are accessible to machinery shall be tilled to a minimum depth of four (4) inches. Areas inaccessible to machinery shall be hand tilled and prepared to a minimum depth of two (2) inches. Cut slopes of 2:1 or steeper do not require tilling. Cultivation on sloping terrain shall run perpendicular to the direction to the slope. If weeds or herbaceous plant material interferes with proper seedbed preparation, the contractor shall remove them from the seedbed. Contractor shall remove and dispose of all debris and other objectionable material that may interfere with seeding operations. The area to be seeded shall be relatively smooth and all surface irregularities (e.g. rills, tire marks) shall be filled and firmed to conform to the desired cross sections. The seedbed shall be rolled both before and after the seeding operation with a minimum of one pass of a cultipacker or drag harrow. Seed shall be sown when conditions will promote germination and growth. Normal non-irrigated permanent native seed application dates are between April 1 and June 15, between August 15 and September 20 and after the first frost (recurring overnight temperature of 28 degrees F) until snowfall. Seeding work shall be performed only after planting and other work affecting ground surface is complete. To assist in establishment of the permanent seed mix, a nurse crop shall be used for this work. Preapproved nurse crop seed shall be one of the following, incorporated with the specified permanent seed mix;

Annual ryegrass (Lolium multiflorum) 30 lbs/acre Oats (Avena sativa) 60 lbs/acre Regreen© (Triticum aestivum x Elytrigia elongata) 30 lbs/acre

Alternative species may be acceptable but are subject to prior approval from the City Project Manager or duly authorized representative.

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When cut or fill slopes are greater than six (6) feet in height and steeper than 3H:1V, the seeded area shall be covered with American Excelsior Company straw/coconut blanket or an approved equal. Installation shall be per the manufacturer’s written directions.

440.10. (D) SEQUENCING (add the following section) The irrigation system shall be installed, inspected, approved and operable prior to the installation of plant materials, landscape fabric and ground plane treatments (decomposed granite, landscape rock, mulch, etc.) PART 600 - WATER AND SEWER SECTION 601 - TRENCH EXCAVATION, BACKFILLING AND COMPACTION 601.2 EXCAVATION: 601.2.1 GENERAL: (revise to include the following) All excavation, including trench excavation, shall be performed in any substance and material encountered. The cost is considered incidental to and is to be included in the price for the bid item to be constructed or installed. No special payment shall be made for trench excavation other than rock excavation as specified under Trench Rock Excavation. Trench Rock Excavation Trench rock is defined as consolidated igneous, metamorphic and/or sedimentary material in the original bed and/or in well-defined ledges that cannot be removed by a mechanical method and therefore requires pneumatic hammering, drilling or blasting for removal. Example of mechanical methods include hand tools, trenching machine, backhoe, >195 horsepower hydraulic excavator with ripping teeth or equivalent. Boulders and pieces of rock having a volume of more than 27 cubic feet (1 cubic yard) shall be considered rock. For projects where trench rock excavation is anticipated, the estimated contingent quantity is shown in the proposal under the applicable bid item. The contingency quantity is an estimate only and no guaranty is given that any portion will be utilized. Trench rock excavation will be paid for separately at the unit price bid per cubic yard for Trench Rock Excavation. Measurement of Trench Rock Excavation shall be per cubic yard in place. This volume of rock will be measured by the City representative, using the maximum trench width allowed in accordance with MAG Table 601-1, the lineal footage of actual rock excavation required and the actual depth of rock as determined by inspection of the trench after rock excavation and before backfilling.

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PART 700 - MATERIALS SECTION 710 - ASPHALT CONCRETE 710.1 GENERAL: (revise to include the following) The asphaltic concrete designation shall be 3/4 inch, except as required by the project plans or Special Provisions.

End of Document

Contents SECTION 100 – GENERAL CONDITIONS................................................................................................................ 5

• SECTION 104 -- TRAFFIC SIGNALS ........................................................................................................... 5

o 104.1.2 MAINTENANCE OF TRAFFIC .................................................................................................... 5

o 104.2.3 Due to Extra Work .......................................................................................................................... 6

• SECTION 105 – CONTROL OF WORK ........................................................................................................ 7

o 105.2 PLANS AND SHOP DRAWINGS .................................................................................................... 7

o 105.2.1 Record Drawing (As-Built Plans) ................................................................................................... 7

o 105.5 Cooperation of Contractor .................................................................................................................. 7

o 105.8 Construction Stakes, Lines and Grades .............................................................................................. 8

• SECTION 107 – LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC .................................. 8

o 107.1.2 MAINTENANCE OF TRAFFIC .................................................................................................... 8

o 107.5.1 ASBESTOS MATERIALS ............................................................................................................. 8

o 107.6 PUBLIC CONVENIECE AND SAFETY........................................................................................ 10

o 107.9 PROTECTION AND RESTORATION OF PROPERTY AND LANDSCAPE ............................. 10

o 107.11 CONTACTOR’S RESPONSIBILITY FOR UTILITY PROPERTY AND SERVICES ............... 11

• SECTION 108 – COMMENCEMENT, PROSECUTION AND PROGRESS .............................................. 11

o 108.5 LIMITATIONS OF OPERATIONS ................................................................................................ 11

o 108.7 DETERMINATIONS AND EXTENSIONS OF CONTRACT TIME ............................................ 11

SECTION 200 – EARTHWORK ................................................................................................................................ 13

• SECTION 225 – WATERING ....................................................................................................................... 13

o 225.2 WATER SUPPLY ............................................................................................................................ 13

o 225.4 MEASURMENT .............................................................................................................................. 13

o 225.5 PAYMENT ...................................................................................................................................... 13

SECTION 300 – STREETS/RELATED WORK ........................................................................................................ 14

• SECTION 301 – SUBGRADE PREPARATION .......................................................................................... 14

o 301.2.2 UNSTABLE SUBGRADE ........................................................................................................... 14

o 301.4 SUBGRADE TOLERANCES ......................................................................................................... 14

• SECTION 305 – STREET REBUILDING/PATCH BACK .......................................................................... 14

o 305.1 DESCRIPTION ................................................................................................................................ 14

o 305.2 CONSTRUCTION ........................................................................................................................... 14

o 305.3 MEASUREMENT AND PAYMENT .............................................................................................. 14

• SECTION 310 – UNTREATED BASE ......................................................................................................... 15

o 310.2 PLACEMENT AND CONSTRUCTION......................................................................................... 15

• SECTION 345 – ADJUSTING FRAMES, COVERS, VALVE BOXES, AND WATER METER BOXES 15

o 345.1 DESCRIPTION ................................................................................................................................ 15

o 345.7 WATER METER BOXES ............................................................................................................... 16

SECTION 400 – RIGHT-OF-WAY TRAFFIC CONTROL ....................................................................................... 17

• SECTION 401 – TRAFFIC CONTROL ........................................................................................................ 17

o 401.4 TRAFFIC CONTROL MEASURES ............................................................................................... 17

• SECTION 405 – MONUMENTS ................................................................................................................... 17

o 405.4 INSTALLATION ............................................................................................................................. 17

SECTION 600 – WATER AND SEWER ................................................................................................................... 18

• SECTION 601 – TRENCH EXCAVATION, BACKFILLING AND COMPACTION ................................ 18

o 601.2.3 TRENCH GRADE ........................................................................................................................ 18

o 601.2.9 SHORING AND SHEETING ....................................................................................................... 18

o 601.2.10 OPEN TRENCH ......................................................................................................................... 18

o 601.3 PROTECTION OF EXISTING UTILITIES: ................................................................................... 18

o 601.4.2 BEDDING ..................................................................................................................................... 18

o 601.4.3 BACKFILL ................................................................................................................................... 19

o 601.4.5 COMPACTION METHODS ........................................................................................................ 19

• SECTION 604 – PLACEMENT OF CONTROLLED LOW STRENGTH MATERIAL .............................. 19

o 604.1 DESCRIPTION ................................................................................................................................ 19

• SECTION 610 – WATER LINE CONSTRUCTION .................................................................................... 19

o 610.1 DESCRIPTION ................................................................................................................................ 19

o 610.2 GENERAL ....................................................................................................................................... 19

o 610.3 MATERIALS ................................................................................................................................... 19

o 610.4 CONSTUCTION METHODS ......................................................................................................... 20

o 610.11 METER SERVICE CONNECTIONS ............................................................................................ 20

• SECTION 615 – SEWER LINE CONSTRUCTION ..................................................................................... 21

o 615.1 DESCRIPTION ................................................................................................................................ 21

o 615.2 TRENCHING ................................................................................................................................... 21

o 615.4 LAYING PIPE ................................................................................................................................. 21

o 615.6 JOINTING ....................................................................................................................................... 21

o 615.11 TESTING ....................................................................................................................................... 21

• SECTION 625 – MANHOLE CONSTRUCTION AND DROP SEWER CONNECTIONS ........................ 22

o 625.3.1 MANHOLES................................................................................................................................. 22

SECTION 700 – MATERIALS ................................................................................................................................... 23

• SECTION 710 – ASPHALTIC CONCRETE ................................................................................................ 23

o 710.2.1 ASPHALT CONCRETE ............................................................................................................... 23

o 710.3.2.1 MARSHALL MIX DESIGN...................................................................................................... 23

• SECTION 725 – PORTLAND CEMENT CONCRETE ................................................................................ 23

o 725.1.1 CLASSES OF CONCRETE .......................................................................................................... 23

o 725.6 ADMIXTURES................................................................................................................................ 24

o 725.7 PROPORTIONING .......................................................................................................................... 24

o 725.10 TESTS ............................................................................................................................................ 24

• SECTION 750 IRON WATER PIPE AND FITTINGS ................................................................................. 24

o 750.2 DUCTILE IRON WATER PIPE ...................................................................................................... 25

o 750.3 JOINT REQUIREMENTS: FITTINGS ........................................................................................... 25

• 797 – CONCRETE PROTECTIVE COATINGS ........................................................................................... 25

o 797.1 GENERAL ....................................................................................................................................... 25

o 797.2 MATERIALS ................................................................................................................................... 25

APPENDIX – A (COF MATERIAL TESTING COST SHEET) ................................................................................ 26

APPENDIX – B (REUSE OF WASTEWATER) ........................................................................................................ 28

CITY OF FLAGSTAFF, ARIZONA

FOUNTAIN AVENUE WATER AND SEWER IMPROVEMENTS PROJECT

C.O.F. FILE NO. 03-17008

M.A.G. UNIFORM STANDARD SPECIFICATIONS FOR PUBLIC

WORKS CONSTRUCTION (with revisions through 2011) ARE HEREBY AMENDED TO INCLUDE THE FOLLOWINNG:

RMahar

Typewritten Text

APPENDIX - C.............................................................................................................................................................29 APPENDIX - D.............................................................................................................................................................30

SECTION 100 – GENERAL CONDITIONS

• SECTION 104 – SCOPE OF WORK

o 104.1.2 MAINTENANCE OF TRAFFIC

Prior to the Notice to Proceed, the Contractor shall furnish to the City a traffic control plan for the project that includes all traffic control for street/lane closures, work phasing, detours, etc. Access to all residential driveways shall be provided during non-working hours. Where property has more than one driveway, no more than one access will be restricted or closed at one time. Should it be necessary to close access to a private property, business, driveway, or alley entrance, the closure must be for as short a time as possible and be restored at the end of the work shift. If primary access cannot be restored, the Contractor shall provide an alternative, which will be coordinated with the resident and preapproved by the City’s Project Manager prior to any restrictions being implemented. Existing pedestrian and bicycle facilities shall be continued and signed through or around the construction zone. Any full street closures will require the approval of the City and involve adequate re-routing through the neighborhood to the north, notification of media, notification of emergency responders, notification of residents and businesses in the project area and along the proposed route, and adequate temporary signage/signals. Traffic control may require custom signage, temporary signals, or digital message boards, and assistance from City of Flagstaff Police Department to facilitate traffic flow. All street restrictions or closures must be coordinated with emergency responders. The Contractor shall be required to provide no less than one (1) week advance written notice of all street closures and traffic restrictions to all affected property owners, business owners, and residents, including those properties on a detour route. The notice shall be submitted to the City for review and shall include the projected date, and duration of the closure and alternate detour routes. Each notice shall include the Contractor’s name, contact person and local 24-hour telephone number as well as the City Project Manager’s name and telephone number. Business Access: The Contractor shall provide access to businesses in and adjacent to the project area during hours of operations including keeping all driveways, alleys, parking lots, etc. clear for vehicular and pedestrian traffic during hours of deliveries, occupancy, and operation. Should it be necessary to restrict access, the closure must be for as short a time as possible and the Contractor shall provide an alternative access, if possible, which must be coordinated with the business owner and pre-approved by the City’s Project Manager prior to any restrictions being implemented. The Contractor shall provide business access signs during construction. Construction Schedule/Phasing Plan: A detailed Construction Schedule/Phasing Plan must accompany the Traffic Control Plan submitted to the City. This phasing plan must show the schedule, duration, and location of all construction items and activities on a daily basis throughout completion of the project. The phasing plan must coordinate with the Traffic Control plan and show closures, reroutes, and lane restrictions. The Contractor will be required to present the plans to the City within seven (7) days of Notification of Award. The City’s Project Manager shall promptly review the plans and either approve them, or provide a written list of the items that will require revision. The Contractor shall submit the corrected construction schedule and traffic control plan within seven (7) calendar days of receiving the City’s list of required revisions. The corrected phasing

plan shall address all comments from the City’s list of required revisions. Weather days per Special Provision 108.7 shall be included in the phasing plan schedule. The Contractor shall be required to maintain 2-way traffic to the greatest extent possible. Pavement removal and roadway construction activity will be restricted to reduce impacts to the neighborhood and to provide cover protection for subgrade. Maintaining on-street parking in active work zones is not required. Installation of underground utilities will be permitted throughout the full project area, provided that trenches are promptly backfilled and trench patches are maintained. Through traffic may be detoured to the north side streets for a limited duration as approved by the City. Payment for saw cutting, trench patching and maintenance of patching shall be incidental to the bid items of work for which the saw cutting, trench patching, and maintenance is required. Traffic Safety: At the time of the pre-construction conference, the Contractor shall designate an employee who is qualified and experienced in construction traffic control and safety, to be available on the project site during all periods of construction to coordinate and maintain safe barricading whenever construction restricts traffic. This person shall be available during non-construction hours in case of any traffic control and/or safety items that need to be handled in an urgent manner. Traffic control shall include pedestrian, bicycle and vehicular traffic. Sanitation Pickup: Regular residential sanitation pickup in the area of this project is scheduled every Tuesday (Recycle) and Wednesday (Trash). Dumpster pick up varies from location to location; coordinate with the City’s Environmental Division and the property owner for pick-up days. When construction activity interferes with sanitation pickup, the Contractor shall provide for sanitation vehicle access to the affected properties or relocate the trash containers where access is acceptable. The contact number for the Environmental Division of the Public Works Department is 928-774-0668. The contact number for Waste Management is (928) 779-6050. Emergency Access: All roadway closures shall be coordinated by the Contractor with Traffic Engineering and the City’s Project Manager at least 1 week in advance of the closures. The Contractor shall submit the closure for approval to the Traffic Engineer, copy the information to the City’s Project Manager, and forward the street closure information to the Fire Department, Police Department, and Emergency Medical Services after approval. US Postal Service Access: The Contractor shall be responsible for maintaining access for postal service within the project area at all times. The Contractor shall coordinate this work to avoid interruption of mail service. Should an existing mailbox be damaged by construction activity, the Contractor shall promptly remove and replace the damaged mailbox, including post and foundation, at no cost to the resident or the City. The Contractor shall maintain mailboxes so that no disruption of mail service shall occur. If mail disruption is anticipated, the Contractor shall notify the City’s Project Manager, Inspector, affected property owner and/or resident(s) at least 48 hours in advance.

o 104.2.3 Due to Extra Work The following contract contingencies are included and hereby incorporated into the contract documents as follows: Trench Rock Excavation shall include all equipment, labor and materials necessary to conduct trenching activities sufficient to install all proposed underground improvements. The Trench Rock Contingency bid item includes an estimated quantity in the Bid Schedule and has the same requirements and restrictions as the Contract Allowance. Trench Rock Excavation shall NOT be

considered for construction associated with water service lines and fire hydrants. See City of Flagstaff Amendments to MAG Standard Specifications Section 601.2.1. Unsuitable Material shall include all equipment, labor and materials necessary to remove unsuitable materials and replace with materials that conform to the project specifications. The Unsuitable Material bid item includes an estimated quantity in the Bid Schedule and has the same requirements and restrictions as the Contract Allowance. Pipe Utility Conflict shall include all equipment, labor and materials necessary to address and coordinate the successful solution to any and all pipe utility conflicts as shown on the plans or discovered through the efforts of construction. The pipe utility bid item includes an estimated quantity in the Bid Schedule and has the same requirements and restrictions as the Contract Allowance.

• SECTION 105 – CONTROL OF WORK

o 105.2 PLANS AND SHOP DRAWINGS

The Contractor shall submit three (3) hard copies and one electronic copy of each shop drawing, product data, or mix design to the City for review. Only materials to be used on this specific construction project shall be submitted. The General Contractor shall review and stamp all shop drawings and product data for conformance with the construction documents prior to submission. Any shop drawings or product data not reviewed and stamped by the General Contractor will be returned without review. Items not in accordance with the contract drawings shall be so noted upon the Contractor’s review.

o 105.2.1 Record Drawing (As-Built Plans)

The City of Flagstaff As-Built Plans/Record Drawings Checklist has been included in the contract documents as Attachment D, for the convenience of the Contractor. The Contractor is responsible for verifying all items that may be required by the City of Flagstaff.

o 105.5 Cooperation of Contractor

The Contractor’s Project Manager and Project Superintendent shall attend weekly construction progress meetings. The Contractor shall be prepared to discuss construction schedule, construction activities planned for the upcoming two (2) weeks (submit proposed two (2) week schedule), problems, issues, any information required by the City’s Project Representative, construction staking, business/residence/citizen complaints, safety, traffic control and pedestrian access requirements, weather delays experienced during the previous week, disposal of materials, access/construction coordination with businesses/residences, inspection/testing, overtime worked during the previous week, payments, water/sewer service disruption, submittals, field orders/field changes and any other business as necessary. The Contractor shall prepare meeting agendas and meeting minutes. Minutes shall be distributed within four (4) working days after the meeting. Public Involvement: At the time of the Pre-construction Conference, the Contractor shall designate an employee that is fully responsible for coordination with the public, including but not limited to; the property owners, the business owners, renters, leasers, Public media, the City of Flagstaff Public Information Officer and Mayor/Council. This person shall be qualified and experienced in public coordination and shall be available during all periods of construction to coordinate any issues. In addition to the requirements of the preceding paragraph, the Contractor shall schedule, coordinate and actively participate in a public meeting PRIOR to any work commencing. The public meeting shall be at a date, time and location as designated by the City of Flagstaff Project

Manager. At a minimum, the Contractor shall have the project Superintendent, Project Manager, and Safety Officer attend the meeting to answer questions of the public. Protection of Work: The Contractor is required to protect work during inclement weather. The Contractor shall grade areas to drain and utilize pumps to remove ponding water immediately during all stages of construction during both working and non-working hours.

o 105.8 Construction Stakes, Lines and Grades Unless noted otherwise in the contract documents, the Contractor shall lay out the work from the lines, grades and dimensions shown on the drawings. The Contractor shall be responsible for all such work for the duration of the project. Any dimension or grade errors shall be immediately transmitted in writing to the City’s Project Manager for clarification, before proceeding with the work.

• SECTION 107 – LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC

o 107.5.1 ASBESTOS MATERIALS

(revise to include the following) Handling, Removal and Disposal of Surplus Material and Asbestos Containing Materials The City requires compliance with Environmental Protection Agency (EPA), Arizona Department of Environmental Quality (ADEQ) and Occupational Safety and Health Administration (OSHA) asbestos regulations for all City projects. Utility pipes constructed of materials other than metal and polyvinyl chloride (PVC) require testing prior to any disturbance of the pipes to determine if regulated levels of asbestos are present in the pipe material. Suspect pipe materials requiring testing typically include vitrified clay and cement pipe (transite). Asbestos testing is not required for metal pipes. City Public Works/Sustainability & Environmental Managements staff are available to collect samples and submit the samples for analyses with small charges for the testing. If the pipe does not contain regulated levels of asbestos the contractor may disturb and remove the piping. If utility piping contains regulated levels of asbestos any disturbance/removal of the piping and materials generated by cutting or braking the pipe to remove it from the ground. If asbestos containing materials (ACM) removal is necessary on the project, the City of Flagstaff requirements for handling, removal and disposal are as follows: If and infrastructure or building material that is not either wood, glass or metal is encountered during the project and has not yet been either assumed or positively identified to be ACM then the material(s) must be sampled in accordance with regulations generated by the EPA Asbestos Hazard and Emergency Response Act (AHERA) 40 CFR 763 as well as OSHA 29 CFR 1910.1101, by a certified AHERA Building Inspector and sent to a National Voluntary Laboratory Accreditation Program (NVLAP) certified laboratory for analysis. Once materials of concern are either agreed to be assumed or properly identified to be ACM then the material is required to be removed according to OSHA 29 CFR 1910-1926.1101 by a certified asbestos abatement worker, and NOT a general contractor (GC). However, if the GC holds the appropriate asbestos certifications (AHERA Asbestos Operations and Maintenance), which the City would need to verify is current, then the GC could perform the asbestos abatement. The City requires the GC arrange for abatement of assumed and/or identified ACM by a certified asbestos abatement contractor as well as arrange area and /or clearance air monitoring by a third party asbestos consultant. If applicable to the project, copies of abatement activities and air monitoring shall be provided to City of Flagstaff Environmental Management staff.

In the event of large disturbances to ACM, compliance with the National Emission Standards for Hazardous Air Pollutants (NESHAP) 40 CFR 61, Subpart M shall be followed. Notification would be required with the ADEQ http://www.azdeq.gov/environ/air/asbestos/ 10 working days in advance of the start of a large project. This notification is not typically required for utility pipe work, but could be required for a very large project involving numerous saw cuts of utility pipes. If ACM removal is necessary on the project, the City of Flagstaff requirements for ACM disposal at the City’s Cinder Lake Landfill are as follows: Only non-friable asbestos waste is accepted for disposal at Cinder Lake Landfill. Prior to disposal of non-friable ACM, obtain the necessary forms, which are: 1. Non-Friable Asbestos Waste Acceptance Application and accompanying instructions 2. Non-Friable Asbestos Waste Shipment Record (WSR) The Asbestos Waste Acceptance Application is available at the City of Flagstaff’s website http://www.flagstaff.az.gov/indes.aspx?NID=929 or by contacting the City of Flagstaff Environmental Management staff at (928)213-2146 or 2151. Fax the completed Non-Friable Asbestos Waste Acceptance Application to (928) 213-3636. Once faxed to the EM Office the application will be reviewed, signed and faxed back to you, normally within one (1) working day. A Waste Shipment Record is required to accompany each load of non-friable asbestos waste taken to the Cinder Lake Landfill. Forms contain multiple carbon copy sheets and need to be obtained from the Cinder Lake Landfill (928)527-1927 or City of Flagstaff Environmental Management staff. Assure the non-friable ACM is properly handled and wrapped. Non-Friable ACM must be thoroughly wetted using amended water prior to being wrapped in 6-milimeter poly and be tightly sealed with duct tape. If the material is heavy (such as transite pipe), has sharp edges, or may easily puncture the poly wrap, a double layer of poly will be necessary. The Cinder Lake Landfill scale house attendant will inspect the load to ensure it is properly wrapped. Containers holding non-friable ACM shall be carefully unloaded and placed in a designated location. Dumping using a hydraulically lifted bed of a truck is not permitted (dump truck), as the poly wrap may be torn open. If using a large bin for disposal, attach a copy of the Waste Shipment Record to the disposal bin. If not using a City of Flagstaff disposal bin, make sure the delivery driver takes a copy of the signed Non-Friable Asbestos Waste Acceptance Application and the Waste Shipment Record to the Cinder Lakes Landfill with the waste delivery. If using a City of Flagstaff disposal bin call City Environmental Services at (928)774-0668 to schedule a pickup for the disposal bin. Please be sure to provide the driver with the signed Non-Friable Asbestos Waste Acceptance Application and the Waste Shipment Record and be sure to clarify if you would like the disposal bin emptied and removed, or emptied and returned to the work site. When disposal is completed, the Landfill Manager will sight the Waste Shipment Record and landfill staff will provide or mail a copy of the Waste Shipment Record. Cutting of utility pipes generates Regulated Asbestos Containing Material (dust from cutting) and breaking pipes may generate RACM. RACM requires disposal at the Joseph City Landfill or at other landfills located in southern Arizona.

o 107.6 PUBLIC CONVENIECE AND SAFETY (revise to include the following) The contractor shall give written notice, describing the proposed work and parking restrictions, to each adjacent business or residence. Written notice (with specific dates of anticipated construction work) shall be given at least 48 hours in advance of the work and no more than three working days

before the work is scheduled to begin. In the event that the work requires removal of parked vehicles, they will be removed to the nearest convenient side street at the contractor’s expense. No separate payment will be made for this work. The contractor shall give written notification to each affected resident at least 48 hours prior to any disruption to water of sewer service in the construction area. The notice must include the exact time of the disruption and the expected duration of the loss of service. Disruption of water or sewer services shall only be between the hours of 9am and 4pm.

o 107.9 PROTECTION AND RESTORATION OF PROPERTY AND LANDSCAPE (revise to include the following) The contractor shall shore all adjacent building walls and trench walls to protect all adjacent building walls and footings during trenching and backfilling operations. All shoring plans need to be designed a sealed by a registered professional engineer in the state of Arizona and submitted to the City for approval prior to construction. The contractor shall take special care to control construction-related dust and noise and to keep the project site cleaned up to the greatest extent possible. The contractor is responsible to coordinate alternate measures for any impacted operations as mentioned which are acceptable to the parties involved. Survey monuments and property corners shall be protected and not disturbed unless specifically called out on the plans for replacement. All costs associated with protecting or re-establishing disturbed survey monuments and property corners shall be borne solely by the contractor. Concrete curb and gutter that is not designated for removal and replacement shall be protected. All costs associated with unauthorized removal and replacement or damage shall be borne solely by the contractor. The contractor is responsible for replacing and/or restoring landscaping (including but not limited to fences (any type), plantings, retaining walls, peat gravel, grass (sod and Seeded), brick pavers, concrete driveways, asphalt driveways and landscape rock walls) and owner improvements associated with the project. All cost shall be included in the bid. The contractor is responsible for removing existing improvements and salvaging items for replacement at the same location or relocation as directed by the owner after the public improvements are finished. The contractor is responsible for replacing material in like kind. This may necessitate close coordination with the property owners.

o 107.11 CONTACTOR’S RESPONSIBILITY FOR UTILITY PROPERTY AND SERVICES (revise to include the following) The contractor is responsible for providing written notification to each affected resident at least 48 hours prior to any disruption of water or sewer service in the construction area. The notice must include the exact time of the disruption of service and the expected duration of the loss of service. Any night or weekend work request shall be submitted to the owner in writing 48 hours prior and approved before the construction activity is performed. The contractor shall protect existing water, sewer, gas, or other service lines where the proposed work crosses individual service lines. Not all service lines are shown on the plans and it is the contractor’s responsibility to determine their location in the field. Protection or repair of existing service lines not in conflict with the work is considered incidental. In the event that there is a physical conflict between an existing service line and the proposed work, the contractor shall immediately notify the owner of the conflict. The owner will make a determination as to how the conflict will be resolved. Any extra work required as a result of an unforeseen service conflict will be ordered and paid for in accordance with Revisions of M.A.G. Standard Specifications Section

104.2.3 Protection of existing utilities during the contractor’s operation is considered incidental to the line item that is being performed in the area of the existing utility.

• SECTION 108 – COMMENCEMENT, PROSECUTION AND PROGRESS

o 108.5 LIMITATIONS OF OPERATIONS

(revise to include the following) Work on Saturdays will be permitted, as necessary, as approved by the City’s Public Works Inspection Supervisor. 72 hours advance notice will be required. Work on Sundays and legal City Holidays will not be permitted except in emergencies or as approved by the owner.

o 108.7 DETERMINATIONS AND EXTENSIONS OF CONTRACT TIME (delete the second paragraph of General Provisions Section 108.7 and replace with the following) The contract time, including final cleanup of the project site and storage areas, may be extended as a result of weather conditions that cannot be reasonably anticipated. The number of actual days that the scheduled work is actual impacted by adverse weather shall be recorded monthly during the construction period. The contractor shall submit claims for the delay of critical work within two working days of experiencing adverse weather and associated project delays. The contractor will be entitled to a contract time extension if the actual adverse weather days experienced during the work exceed the anticipated adverse weather days shown. The following is the monthly schedule of adverse weather days that shall be anticipated by the contractor in scheduling the work. Table 108.7 Monthly Anticipated Adverse Weather Calendar Days

Month January February March April May June

Monthly anticipated adverse weather calendar days

7 days 7 days 8 days 6 days 4 days 3 days

Average Monthly Precipitation

1.98” 1.96” 2.05” 1.34” 0.68” 0.51”

Month July August Sept. Oct. Nov. Dec.

Monthly anticipated adverse weather calendar days

12 days 11 days 7 days 5 days 5 days 6 days

Average Monthly Precipitation

2.78” 2.68” 1.82” 1.52” 1.49” 1.90”

The above schedule of anticipated adverse weather days establishes the base line for the project’s monthly weather impacts, based on historical records, as recorded by the National Weather Service at Pulliam Airport, for precipitation in excess of 0.01 of an inch per calendar day. The number of actual days that scheduled work is impacted by adverse weather as defined above shall be recorded weekly during the contract period. It is the contractor’s responsibility to request in writing any adverse weather delays experienced during the prior week no later than the normally scheduled weekly project meeting. Any adverse weather day requests that are not received as stated above shall not be considered nor approved. Once the number of approved actual adverse weather days exceeds the number of anticipated adverse weather days in the schedule above, the contractor is entitled to a contract time extension. Actual adverse weather days must also prevent work for fifty (50) percent or more of the contractor’s work day and delay scheduled work critical to the timely completion of the project. The city will convert any delays meeting the above requirements to calendar days and extend the contract period as necessary. No

additional compensation will be allowed for direct and indirect overhead expenses associated with any such contract time extensions. The contractor’s schedule must reflect the above anticipated adverse weather delays on weather dependent activities and must show all weekends and holidays. The contractor shall protect construction work for storm damage. Additional time or compensation will not be given for replacement of repair of work items not protected from damage.

SECTION 200 – EARTHWORK

• SECTION 225 – WATERING

o 225.2 WATER SUPPLY

(revise to read as follows) The contractor is advised that except for public water main flushing and testing, the City will not authorize the use of potable water for construction purposes. Prior to submitting a bid contractors shall determine the availability of reclaimed water for construction purposes by contacting the City of Flagstaff Utilities Department. Prior to loading, hauling, and applying reclaim water, the contractor shall be required to obtain the necessary permit (no fee) at the Wildcat Hill Wastewater Treatment Plant and will be responsible for complying with all permit requirements.

o 225.4 MEASURMENT (revise to read as follows) No measurement or construction water shall be made.

o 225.5 PAYMENT (revise to read as follows) No separate payment shall be made for construction water needs.

SECTION 300 – STREETS/RELATED WORK

• SECTION 301 – SUBGRADE PREPARATION

o 301.2.2 UNSTABLE SUBGRADE

(revise to include the following) If it is determined by the owner’s representative that the subgrade is unstable for compaction placement of aggregate base the contractor shall use one of the following methods to make subgrade stable. Remove unsuitable subgrade and replace with additional subbase (minimum of 2 feet of stockpiled asphalt millings or (ABC) or as directed by Engineer. Contractor should consult with Engineer prior to performing work. Once the suspect areas are stabilized to the satisfaction of the engineer, the normal ABC subbase should then be installed. The contractor shall take all reasonable efforts to eliminate or reduce construction traffic on the repaired areas. Payment will be made on a cubic yard unit basis from the bid item or Remove and Replace Unsuitable Subgrade Contingency.

o 301.4 SUBGRADE TOLERANCES (revise to read as follows) Subgrade upon which pavement, sidewalk, curb and gutter, driveways, or other structures are to be directly placed shall not vary more than ¼ inch from the specified grade and cross-section. Subgrade upon which subbase or base material is to be placed shall not vary more than ¼ inch from the specified grad and cross-section. Variations within the above specified tolerances shall be compensating so that the average grade and cross-section specified are met.

• SECTION 305 – STREET REBUILDING/PATCH BACK

o 305.1 DESCRIPTION

Certain small areas of the streets are to be rebuilt for the service trenching. This work shall consist of removal and disposal of existing materials, subgrade preparation, and furnishing and placing asphaltic concrete.

o 305.2 CONSTRUCTION

The areas will vary in size. The existing pavement, base, and subgrade will be removed to an elevation 16” below the existing pavement surface. The subgrade will be compacted. The existing pavements shall be wheel or saw cut back to a neat straight line. The asphaltic concrete (19mm or ¾”) will be placed and compacted so that it meets the following requirements. 1. The density of the asphaltic concrete is as specified under Section 321. 2. The finished grad of new asphalt is ¼” above the adjacent existing pavement or as directed by

owner’s representative. 3. The minimum thickness of the new asphaltic concrete is 4” placed in 2 lifts or as necessary to

match existing pavement grade.

o 305.3 MEASUREMENT AND PAYMENT

Measurement and payment will be made at the contract unit price for each square yard of pavement removed and replaced as directed by the engineer. Payment will be accepted as full compensation as for all equipment, labor and materials used under this item.

• SECTION 310 – UNTREATED BASE

o 310.2 PLACEMENT AND CONSTRUCTION

(revise 3rd paragraph to read) After placement, the aggregate base course surface shall be true, even and uniform conforming to the grade and cross-section specified. In no case shall the aggregate base course vary by more than ¼ inch above or below required grade. Untreated base compaction shall be 95% under curb and gutter, sidewalk, driveway and ally entrances, handicap ramps, and catch basins.

• SECTION 345 – ADJUSTING FRAMES, COVERS, VALVE BOXES, AND WATER METER

BOXES

o 345.1 DESCRIPTION

(revise to include the following) The adjustment of manhole frames and covers and water valve boxes shall be done in accordance with City Standard Drawing 9-03-060 and 9-03-062. The contractor is cautioned that only straight, centered valve boxes that conform to City Detail 9-03-060 will be acceptable. The engineer will provide the contractor necessary direction for the appropriate adjustment or replacement of each valve box and cover. The contractor is to supply and install a new valve box and cover, as directed by the engineer, to replace existing tops that are broken, non-standard or defective. Payment for furnishing and installation of new valve boxes and covers as shown on the plans or as directed by the engineer shall be at the bid unit price for Install New Water Valve Box & Cover. If during construction the contractor breaks or damages an otherwise acceptable valve box and/or cover then the contractor shall supply and install a new valve box and cover at no additional cost. Payment for adjustment of existing valve box and cover shall be per the bid unit price for Adjust Water Valve Box. When the entire existing valve box and cover is found to be unacceptable or not centered over the valve nut, the entire valve box and cover shall be excavated, removed and replaced under the Remove, Replace & Adjust Valve Box & Cover bid item. This item includes excavation to the valve nut, removal of the old box and cover, a new complete valve box and cover as well as the adjustment to grade. Any usable valve box and covers removed under this contract shall remain the property of the City. The water valve box and covers that require removal and replacement shall be excavated and installed prior to the overlay. Final adjustments shall be made after repair and resurface of existing pavement. The contractor will be required to keep a record of locations of each frame or box as per the following: 1. For those boxes and frames readily visible, the contractor will make reference points which

will allow him to accurately locate frames and boxes after they are covered. It will be the contractor’s responsibility to preserve these reference points.

2. For those boxes and frames not visible before surface treatment, utilities representatives will locate frames and boxes, making a mark at each location. It will be the contractor’s responsibility to preserve this marks and all reference marks as required and identified in item 1 above.

o 345.7 WATER METER BOXES (revise to include the following) Contractor is to remove and dispose of the existing water meter boxes that are located in the alleyway. The contractor is to place a new water meter box over the new water meter with in the City’s right of way. See the City Detail 9-03-080 for information, Appendix C.

SECTION 400 – RIGHT-OF-WAY TRAFFIC CONTROL

• SECTION 401 – TRAFFIC CONTROL

o 401.4 TRAFFIC CONTROL MEASURES

(revise to include the following) Contractor shall provide traffic control for both delivery vehicles into the alleyway and pedestrian traffic.

• SECTION 405 – MONUMENTS

o 405.4 INSTALLATION

(revise this section to read) As part of the contract work, existing survey monuments may be reestablished by a surveyor registered in the State of Arizona. The surveyor shall provide reference marks and dimensions to the survey monuments. A minimum of two “permanent” reference marks shall be established for each right-of-way control monument. The angle formed by the control point and the two reference points shall be approximately 90 degrees. Examples of permanent reference marks include an “x” chiseled into the curb, pk nail in concrete and a nail in a power pole. Any suitable reference marks found to be existing may be used. No new survey monuments shall be incorporated into this project without prior approval from the City Engineer or representative. New survey monuments shall be reinstalled ¼” minimum below new pavement grade at the accurate location. An elevation shall be established on survey monuments that replace survey monuments with a City established elevation. This work shall be done in accordance with good surveying practices and shall be in accordance with City Detail 11-01-010. The surveyor shall prepare and record a Results of Survey map showing the monuments found and set. This map shall include the City’s unique identifying number for each point. The Results of Survey shall be reviewed and accepted by the City prior to recordation. Any survey monuments with boxes and covers shall be raised to grade by the contractor without disturbing the survey monument. This work will be paid at the contract unit price for raising sanitary sewer manholes.

SECTION 600 – WATER AND SEWER

• SECTION 601 – TRENCH EXCAVATION, BACKFILLING AND COMPACTION

o 601.2.3 TRENCH GRADE

(revise first sentence of first paragraph to read) Alignment and elevation stakes shall be furnished by the contractor at a minimum 50 foot intervals and agreed upon offsets. (revise First sentence of second paragraph to read) For all pipe or conduit, the contractor shall excavate for and provide an initial granular bedding (not cinders) of at least 6 inches thick; per the details shown on the plans; or ½ the OD of the pipe; whichever is greater.

o 601.2.9 SHORING AND SHEETING (modify to add) It shall be the contractor’s responsibility to provide such trench bracing, sheeting, or shoring as may be necessary to protect existing improvements outside the trench and to support and ensure the ground alongside the excavation will not slide or settle. Existing improvements outside the trench, either public or private, damaged due to lack of adequate trench bracing, sheeting, or shoring shall be removed and replaced in kind at the contractor’s expense. The contractor shall shore all adjacent building walls and trench walls to protect all adjacent building walls and footings during trenching and backfilling operations. All shoring plans need to be designed and sealed by a registered professional engineer in the State of Arizona and submitted to the City for approval prior to construction.

o 601.2.10 OPEN TRENCH (modify to add) All trenches shall be covered by prefabricated chain-link fence and/or traffic panels, or completely and securely fenced off during nights, weekends, and other times when construction is not underway.

o 601.3 PROTECTION OF EXISTING UTILITIES: (revise to include the following) The Contractor shall protect existing water, sewer, gas, communications, or other service lines where the proposed work crosses individual service lines. Not all service lines are shown on the plans and it is the contractor’s responsibility to determine their location in the field. Protection or repair of existing service lines not in conflict with the work is considered incidental. In the event that there is a physical conflict between an existing service line and the proposed work, the contractor shall immediately notify the owner of the conflict. The owner will make a determination as to how the conflict will be resolved. Any extra work required as a result of an unforeseen service conflict will be ordered and paid for in accordance with Revisions of MAG Standard Specifications Section 104.2.3. Protection of existing utilities during the contractor’s operations is considered incidental to the line item that is being performed in the area of the existing utility.

o 601.4.2 BEDDING (first paragraph)

Revise maximum size of granular material to ¾ inch. Aggregate base in accordance with Section 702 of the Standards Specifications shall also be acceptable as bedding material.

o 601.4.3 BACKFILL (revise second paragraph to read) Water consolidation (flooding, jetting, or similar methods) shall not be permitted. (revise fourth paragraph to read) When mechanical compaction is used, backfill shall not be placed in lifts exceeding one foot in compaction height, regardless of pipe size, material, or backfill type.

o 601.4.5 COMPACTION METHODS (revise second paragraph to read) Jetting and/or water settling will not be allowed.

• SECTION 604 – PLACEMENT OF CONTROLLED LOW STRENGTH MATERIAL

o 604.1 DESCRIPTION

(modify to add) Controlled low strength material shall be used in areas specified to receive slurry backfill on the plans. CLSM used for encasement shall be 1.5-sack mix in accordance with section728.

• SECTION 610 – WATER LINE CONSTRUCTION

o 610.1 DESCRIPTION

(modify to add) The contractor is to conform to the requirements of the Arizona Department of Environmental Quality for all water construction. Reference: Bulletin 10. Where ADEQ construction requirements differ from the requirements of the Standard Specifications, or these Specification Amendments, the more restrictive provisions shall apply.

o 610.2 GENERAL (modify to add) Contractor shall maintain full water service to the adjacent community, with the exception of minimal shutdown as required to install new service connections and to tie into the existing line. The contractor may have to utilize an above ground temporary main line to maintain water services to the adjacent residences and businesses. Temporary lines will have to be approved by the City of Flagstaff.

o 610.3 MATERIALS (revise items (A) and (B) under this subsection to read) Water main pipe 8” diameter pipe will be ductile iron polyethylene wrapped, in accordance with section 610.6, except where a particular material is specified. PVC water pipe will not be allowed on this project do to separation of water and sewer lines.

PVC water pipe will not be allowed on this project do to separation of water and sewer lines. Ductile Iron water pipe shall be pressure class 350, Cement Mortar Lined and Polyethylene wrapped, NSF approved, in accordance with ANSI/AAWWA C151. All joints must be mechanically restrained. Joint restraint shall be provided through use either an approved manufacturer’s proprietary system or through the use of approved exterior restraints (Ebaa Iron “Megalug” or approved equivalent system). Water service connections shall be ¾” – 2” copper lines, with a 1” – 3” schedule 40 sleeve around the exterior of the copper line for extra protection. Underground marking tape shall be a 4” width detectable marking tape, with a minimum 5.0 mil overall thickness. Tape shall be manufactured using a clear virgin polypropylene film, reverse printed and laminated to an aluminum foil core, and then laminate to a clear virgin polyethylene film. Tape shall be printed using a diagonal striped design for maximum visibility and meet the APWA Color-Code standard for identification of buried utilities. All main line water pipes must have tracer wire taped to the top center of the main with 10 mil PVC tape on 4’ center.

o 610.4 CONSTUCTION METHODS (modify to add) Deflected Ductile iron pipe shall be installed with a deflection of not greater than ½ the manufacturer’s recommended deflection, horizontally and vertically, based upon pipe sizing and jointing method. Stake and maintain waterline grades as shown on the drawings. Eliminate localized highs where unvented air may accumulate. All underground ductile iron pipe and ductile iron fitting shall receive polyethylene wrap, in accordance with section 610.6.

o 610.11 METER SERVICE CONNECTIONS (revise to include the following) Contractor shall provide the City with two copies of the pre-construction video survey/log of the construction area. The video cannot be done by vehicle and must capture existing conditions of resident’s driveways, yards, landscaping and adjacent property. Contractor will not be able to start work on the project until the video is accepted by the City Engineer or their representative. The City will provide the contractor with Temporary Rights of Entry for the water service connection, replacement/adjustment of water meter boxes and associated work. If the contractor needs to go outside the Temporary Right of Entry limits they will have to provide the City with written permission from the property owner prior to conducting the work. A residential plumber’s license will be required for all work that is done on the private service side of the meter. All water service connections shall be complete in place. A new service saddle, copper service line (type k), corp. stop, quick compression unit, Ford curb stop or equal, UF-600 direct bury 12 Ga. Min. or copper wire w/ blue insulation, and meter box shall be provided by the contractor. All service connections shall conform to the City of Flagstaff Section 13-09-003-0007 and Standard Detail 9-03-070 for the ¾” – 1” connections and 9-03-071 for the 1.5” – 2.5” connections. The Meter box shall be H2O rated and conform to the City of Flagstaff Standard Detail 9-03-080.

The water meters within the public right of way are to be left in their existing location. All meters on private property must be removed, salvaged and placed within the public right of way. All meters must be adjusted to grade after final grading is done. The contractor will re-establish the landscaping in like kind in the area vacated by the old water meter in addition to the disturbed area in the new location. Once the contractor is finished with all the new service connections, the landscape on city property and private property shall be replaced to reconstructions conditions or better. All costs associated with this work are to be included in the amount bid for the project. The contractor will maintain As-Built drawings and allow the City Inspectors to review them no less than twice a month. The contractor will provide a final field set of As-Built plans to the City for verification. As-Built plans shall clearly illustrate all work constructed as well as existing utilities throughout the project. Please see City’s As-Built check list. The As-Built drawing shall be clear and neatly noted. There will be no separate payment for this item.

• SECTION 615 – SEWER LINE CONSTRUCTION

o 615.1 DESCRIPTION

(modify the second paragraph to add) Ductile iron sewer pipe shall conform to Section 750. Ductile iron sewer pipe shall be pressure class 350, Epoxy Ceramic Lined and Polyethylene wrapped, NSF approved, in accordance with ANSI/AWWA C151. All underground ductile iron pipe shall receive polyethylene wrap, in accordance with Section 610.6. All joints must be mechanically restrained.

o 615.2 TRENCHING (delete second paragraph and modify to add) The contractor is to shore all adjacent building walls and trench walls to protect all adjacent building walls and footings during trenching backfilling operations. All shoring plans need to be designed and sealed by a registered professional engineer in the state of Arizona.

o 615.4 LAYING PIPE (modify to add) Contractor shall maintain full sewer service to the adjacent community, with the exception of minimal shutdown as required to install new service connections and to tie into the existing line. The contractor may have to construct the pipe in phases. If a portion of the existing pipe is plugged the contractor is to pump out the built up effluent form the existing piped to the temporary cleanout so that the adjacent community does not experience any backup. Construction phase plans will have to be approved by the City of Flagstaff.

o 615.6 JOINTING (modify to add) All joints must be mechanically restrained. Joint restraints shall be provided through either the use of an approved manufacturer’s proprietary system or through the use of approved exterior restraints (Ebaa Iron “Megalug” or approved equivalent system). All underground ductile iron pipe and ductile iron fitting shall receive polyethylene wrap, in accordance with section 610.6.

o 615.11 TESTING

(modify to add) Prior to preforming the closed circuit T.V. Inspection the contractor must perform a minimum 200 gallon flood test of the line. The flood test will be performed to clean the line and so the T.V. inspection can see any problems with ponding within the line. If it is determined by the City there is too much ponding in the lines that portion of the installation shall be corrected by the contractor at no cost to the City

• SECTION 625 – MANHOLE CONSTRUCTION AND DROP SEWER CONNECTIONS

o 625.3.1 MANHOLES

(revise first sentence to read) Manhole shall be constructed of precast concrete sections with frames and covers in accordance with the standard details except as noted: bricks shall be allowed only when authorization has been granted to repair, rather than replace, an existing brick manhole: minimum manhole diameter shall be 60”: minimum frame and cover diameter shall be 30”. (modify to add) Stacking of the precast barrels cannot take place within 24 hours after the foundation has been laid. Backfilling the manhole cannot take place within 24 hours after the precast barrels have been placed. Flow Channels: flow channels straight through the manhole shall be made to conform as closely as possible in shape and slope of that of the connecting sewers. The channel wall shall be formed or shaped to the full height of the crown of the outlet sewer in such a manner as to not obstruct maintenance, inspection, or flow in the sewer. Strait flow channels shall be constructed at a uniform slope between pipe ends, with no deviation greater than 0.01’, as determined by a straightedge laid from pipe end to pipe end. When curved flow channels are specified in manholes, including branch inlets, channel slopes shall be increased to provide for an additional 0.10’ minimum drop, in order to maintain acceptable velocities. Bench: A bench shall be provided on each side of any manhole channel where the pipe diameter is less than the manhole diameter. The bench shall be sloped to provide a minimum 3” of fall between the top of the bench to the crown of the pipe, or ½” per foot, whichever is greater. No lateral sewer service connections or drop manhole pipe connections shall discharge to the surface of the bench. Coatings: All sewer manholes shall receive a hydrogen sulfide resistant protective coating for flow channels and benches in accordance with section 797.

SECTION 700 – MATERIALS

• SECTION 710 – ASPHALTIC CONCRETE

o 710.2.1 ASPHALT CONCRETE

(revise section to read) The asphalt to be mixed with the mineral aggregate shall be paving grade asphalt conforming to AASHTO Designation MP-1, Table 1 and shall be PG 58-28 for 19 mm asphaltic concrete.

o 710.3.2.1 MARSHALL MIX DESIGN

(revised to include the following) Marshall mix design criteria will be used for 19 mm (3/4”). The aggregates and mix to be incorporated into the work shall also meet the following additional requirements:

Acceptable Test Results

3/4"

0-1% 0-1%

0-2.25% 0-2.25%

1800 min 1000 min

8 to 18 15 min

3 to 5% 3 to 5%

0.75 min 0.75 min

12% max 12% max

30% max 30% max

5.3 to 6.0% 8.0 to 9.0%

Tensile Strength Ratio (TSR)(AASHTO t283, with

optional freeze cycle)

Sodium Sulfater Soundness (AASHTO T-104)

Percent Carbonates (Arizona Test Method 238)

Binder Content

Test

AC Type Test

Absorbed Asphalt Range (ASTM 1559)

Combined Water Absorption AASHTO T-84)

Marshall Stability (ASTM D1559)

Flow (ASTM D1559) Units of .01 inches

Air voids content (mix)

All asphaltic concrete shall contain a minimum of 1% Portland cement or dry hydrated lime by weight of total aggregate added to the aggregate in a pug mill prior to addition of the binder. The moisture content of the aggregate immediately prior to the addition of the admixture shall be a minimum of 3.0%.

• SECTION 725 – PORTLAND CEMENT CONCRETE

o 725.1.1 CLASSES OF CONCRETE

(revise subsection (1) third paragraph to read) Class AA concrete shall be used for all concrete.

(revise Table 725 to read)

Minimum Cement Minimum Strength Content-lbs per at 28 days Class of Concrete Cubic Yard Compressive (1) AA 600 4,000 psi

o 725.6 ADMIXTURES (revise second paragraph to read)

All concrete shall contain not less than 5% and not more than 7% entrained air by volume. Air entraining admixtures shall conform to the requirements of AASHTO M-154. Contractor shall furnish certificates of compliance for each type of admixture furnished. All admixtures shall be stores in suitable containers in accordance with manufacturer’s recommendations. Liquid admixtures that have been frozen shall be used. Any admixture shall be measured accurately be mechanical means into each batch by equipment and in a method approved by the Engineer. Cost of admixtures used shall be incorporated into the bid price for the appropriate item.

o 725.7 PROPORTIONING

(revise last paragraph to read)

At least two weeks prior to the appropriate concerting operation, the contractor shall furnish a mix design for each class of concrete and each strength of concrete for review and approval. More than one design for each class of concrete and each strength of concrete may be submitted for approval provided specific items and locations of intended uses accompany the design. The contractor shall substantiate each mix design by furnishing test data and providing all details of the mixtures proposed for use.

The completed solid volume mix designs submitted for approval shall include all weights and volumes of all ingredients. The brand, type and source of hydraulic cement and admixtures, the coarse aggregate size number designation, source of aggregates, the specific gravity’s of all ingredients, the proposed slump, a code number to identify the mix design, and the intended use of the each mix design shall be an integral part of each mix design.

No changes in the approved mix designs or code numbers shall be made by the contractor except by approval of the Engineer. A new mix design shall be submitted for approval any time the contractor requests a change in materials or proportioning of the materials form that given in each approved mix design. In no case shall the approval of a mix design relieve the contractor of the responsibility for the results obtained by the use of such approved mix design.

Mix designs from previous or concurrent projects may be submitted at any time for approval. The Engineer reserves the right to require trial batches at any time.

A new mix design shall be submitted for approval any time the test results of an approved mix design indicate that the concrete will not meet the required 28 day compressive strength.

o 725.10 TESTS

(modify to add)

Notwithstanding any provisions of this section, no concrete supplied for this project shall have slump, as determined in the field, of greater than 4 inches, unless such excess slump has been specifically approved by the Engineer at the time of the mix design. Excess slump concrete shall be rejected, and shall not be incorporated into the work.

• SECTION 750 IRON WATER PIPE AND FITTINGS

o 750.2 DUCTILE IRON WATER PIPE (modify this section as indicated)

Ductile iron water pipe shall be pressure class 350, Cement Mortar Lined and Polyethylene wrapped, NSF approved, in accordance with ANSI/AWWA C151. All underground ductile iron pipe shall receive polyethylene wrap, in accordance with Section 610.6. All joints must be mechanically restrained.

(revise to include the following)

Pipe shall be pressure class 350 psi.

o 750.3 JOINT REQUIREMENTS: FITTINGS

(remove first paragraph and replace with) Push-on-joints will not be allowed.

(revise to include the following)

All joints shall be mechanical joints. Only Megalug joints are acceptable type of joint restraints.

• 797 – CONCRETE PROTECTIVE COATINGS

(add new section)

o 797.1 GENERAL

This section pertains to trowel-on protective coatings for concrete subject to hydrogen sulfide and acid attack.

o 797.2 MATERIALS

Materials shall be:

Coating: Sauereisen Sewer Guard 210, or 210F, Manhole invert channels shall be Sewer Guard 210F. Coating shall be applied over underlayment as required.

Underlayments: Sauereisen F-120 Trowelable, Sauereisen F-120 Castable, Sauereisen No 209 Filler, as required.

APPENDIX – A (COF MATERIAL TESTING COST SHEET) CITY OF FLAGSTAFF MATERIALS TESTING LABORATORY COST SHEET

HOURS SOIL AND AGGREGATE CHARGE

1.50 Abrasion Test 82.50

6.50 California bearing ratio 357.50

0.50 Composite grading 27.50

0.75 Coarse sieve test 41.25

1.00 Density, sand cone, balloon 55.00

1.00 Density, nuclear (one hour minimum charge per trip) ** 55.00

1.00 Drill rig (per hole) 55.00

1.00 Fine sieve test 55.00

1.00 Flackiness Index 55.00

1.75 Fractured Faces 96.25

2.75 Maximum Density (Proctor) 151.25

1.00 Plastic Index 55.00

1.00 Sand Equivalent 55.00

2.25 Soil Support - R Value (gradation, PI) 123.75

5.50 Soundness Sodium Sulfate 302.50

1.50 Specific Gravity and Absorption 82.50

**All retests will be $55.00

CONCRETE 1.00 Air Content and Slump 55.00

1.25 Concrete beams, mold cap & break (per beam) 68.75

0.50 Concrete cylinders, mold cap & break (per cylinder) 27.50

6.50 Concrete mix design check 357.50

0.75 Core (per core) 41.25


1.75 Sieve Analysis 96.25

ASPHALT 1.00 Anti Strip 55.00

6.50 Asphalt mix design check 357.50

0.75 Bitumen content (content gauge) 41.25

1.25 Bitumen content (ignition oven) 68.25

0.75 Core drilling (per core) 41.25

1.00 Density, nuclear (one hour minimum charge per trip)** 55.00


2.50 Gyratory 137.50

1.25 Marshall plugs, set of three 68.75

5.50 Maximum density, Rice test 302.50

1.25 Moisture determination 68.75

ASPHALT CONT’D

1.75 Sieve analysis 96.25

1.00 Specific gravity, three set core 55.00

0.50 Specific gravity, per sample 21.50

1.25 Stability and flow, set of three 68.75

1.00 Voids, set of three 55.00

APPENDIX – B (REUSE OF WASTEWATER) REUSE OF WATERWATER FOR CONSTRUCTION ORIENTED PROJECTS

1. Reuse of wastewater shall be limited to a 90-day period commencing on the date of signature of this form.

2. The cleanest, best disinfected effluent available at the wastewater treatment plant shall be used.

3. The effluent shall be chlorinated to an extent which will produce free available chlorine residual in the hauling truck of at least 2.0 mg/l after 20 minutes contact time. A daily log shall be kept which indicates the chlorine residual at the point of discharge.

4. Warning signs shall be posted at the pumping station, the road, and on all spray trucks.

5. The water truck may not be utilized to haul anything except effluent, until it is thoroughly disinfected following completion of this project.

6. Where applicable, the following guidelines for occupational health shall be followed. a. Avoid skin contact and overspray. b. Truck operator should not spray if the water or mist could contaminate other employees or

equipment. c. If exposed to this water, wash the affected area thoroughly. d. If clothing becomes contaminated, shower and change clothes. e. All employees are instructed to keep a spare set of clothing in their lockers. Alternatively, the

employer may keep an adequate supply of disposal suits on hand. f. If a non-employee is accidentally contaminated by the water, please instruct them to wash

immediately. The on-site washrooms should be made available as needed. Immediately inform the foreman or superintendent if contamination occurs.

g. Anyone working on the water truck (mechanics) should wash their hands and arms thoroughly after contact. Ideally, the truck should be washed prior to repairs.

h. A worker who has had any contact with the water or associated equipment, shall wash their hands before smoking or eating.

i. The Manager is responsible for reviewing guidelines with all employees and ensuring that a copy of the guidelines is issued to each.

j. Attendance rosters should be maintained identifying all employees completing the review session. The attendance rosters should be filed at the Manager’s office.

7. Employees who may have occasional hand contact with wastewater shall be restricted if cuts or open sores are present on the hands.

8. Hydrogen peroxide (H2O2) shall be used to control odor if needed. The above list requirements may be supplemented by additional precautions deemed necessary by the consulting engineer, construction contractor, and other governmental agencies. Because the reuse of wastewater is temporary, will not include use or crops and will not result in any general public contact, the Water Permits Unit has determined that it is not necessary to obtain a Wastewater Reuse Permit. In addition, the lack of available potable water in the vicinity of the construction project makes reuse of wastewater a sound natural resource conservation measure.

This form shall be signed in the space provided by the party responsible for the wastewater application and returned within 14 days to:

Wastewater Reuse Permits Unit

Arizona Department of Environmental Quality 2005 N. Central Avenue Phoenix, Arizona 85004

A signed form will be taken by the Department as agreement by the signatory to the above conditions. Notify this office prior to modifying the above reuse plan. If there are any additional questions, please contact the Reuse Permits Unit at 257-2270. Signature of Responsible Party Date Print Name

9-03-080 Polymer Water Meter Box

(Ord. 2017-22, Rep&ReEn, 07/05/2017)

(Revised 10/17) TITLE 13 - PAGE 378

APPENDIX C - POLYMER WATER METER BOX

APPENDIX D - AS-BUILT DRWINGS

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2 / 23 / 2018 8 : 21 : 42 AM0 0.035 0.070.0175 mi

0 0.06 0.120.03 km

1:2,257

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Fountaine Water & Sewer Improvement Project

8. C. CITY OF FLAGSTAFFSTAFF SUMMARY REPORTTo: The Honorable Mayor and Council

From: Jennifer Brown, Special Services Manager

Co-Submitter: Stacey Brechler-Knaggs

Date: 03/28/2018


TITLE: Consideration and Approval of Grant Application(s) and Acceptance upon Award: Approval ofArizona Governor's Office of Highway Safety FY2019 Police Department Grant Application(s) for LawEnforcement Projects and Acceptance Upon Award of grant funding for: (1) DUI Abatement CouncilProposal; (2) Driving Under the Influence Task Force; (3) Youth Alcohol Prevention and InterdictionProjects; and (4) the purchase of patrol radar units.

STAFF RECOMMENDED ACTION:Approve the City of Flagstaff Police Department (FPD) grant application(s) and acceptance of anaward from the Arizona Governor's Office of Highway Safety (GOHS) for grant funds in the amountof: (1) $30,000.00 for a DUI Abatement Council Proposal; (2) $56,550.00 for a Driving Under theInfluence Task Force; (3) $55,200.00 for Youth Alcohol Prevention and Interdiction Task ForceProjects; and (4) $23,025.00 for the purchase of 15 handheld patrol radar units and 5 vehiclemounted radar units.

Executive Summary:Staff seeks approval of the grant applications and approval upon award of GOHS grant funding for DUIabatement projects and purchases. The City has applied for grant funds for overtime DUI enforcementand investigation of alcohol-related crimes in the City and for the purchase of patrol radar units. Thesegrant funds may not otherwise be available in the City's budget. There is no match requirement for thisgrant.

Financial Impact:There is no significant financial impact on the City. The expenditures will be budgeted in FY2019 inaccount number (001-04-062-6069-2) with 100% offset in grant revenue.

Policy Impact:No policy impact.

Connection to Council Goal, Regional Plan and/or Team Flagstaff Strategic Plan:Effective Governance.

Has There Been Previous Council Decision on This:Yes, Council has approved FPD application(s) and acceptance of grant awards from the GOHS in thepast.

Options and Alternatives:Approve the Grant Application(s) and Acceptance Upon Award; or1.Disapprove the Grant Applications(s) and Do Not Accept Award.2.

Background/History:The City considers any loss of life or limb to a drug or alcohol-related motor vehicle accidentsunacceptable. Every officer in the FPD works to protect life and property through DUI collision reduction. To this end, FPD has conducted both in-service and advanced officer training in DUI detection with alongstanding tradition of aggressive DUI interdiction and enforcement.

FPD has applied for a grant from the GOHS DUI Abatement Council to receive funds for officerovertime activities associated with increased DUI enforcement. The purpose is to provide DUIovertime operations such as task force patrols and directed patrols on weekends and holidays.These additional efforts are staffed by officers on overtime to enhance effectiveness.

1.

FPD has also applied for grant funds from the GOHS to promote a Driving Under the InfluenceTask Force. Without the financial resources provided by this grant, it is difficult, if not impossible, tostaff these operations with on-duty officers as they have a primary responsibility to respond to allmanner of calls for service during their shift.

2.

The Youth Alcohol Prevention and Interdiction Projects grant application fits in with FPD's missionto protect and preserve life and property. The FPD has a zero-tolerance policy towardsalcohol-related crimes including: minors driving under the influence, minor consumption,misrepresentation of age to purchase alcohol, and contributing to the delinquency of a minor. TheFPD expects each of its patrol officers to proactively engage in the arrest of liquor violations. FPDofficers are typically attached to patrol squads that work during the evening and nighttime hours.During their shift, these officers are responsible for answering calls for service while remainingvigilant for alcohol violations. However, the City feels that we have the potential to be even moreeffective and have a greater impact in the area of underage drinking enforcement during knowntimes and locations when these types of violations are more likely to occur. The grant would provideovertime reimbursement funds for directed patrol efforts for the enforcement of underage drinkinglaws, as well as educational components.

3.

FPD has submitted a grant application to fund the purchase of 15 handheld patrol radar units and5 vehicle mounted radar units which will assist officers in achieving the City's mission ofkeeping streets safe. These traffic tools provide assistance for enforcement of traffic laws with anemphasis on citizen complaint zones, school zones, and dangerous intersections.

4.

Key Considerations:The law-abiding citizens of the City expect and deserve that the streets and neighborhoods will be places

The law-abiding citizens of the City expect and deserve that the streets and neighborhoods will be placeswhere they feel safe. The approval of these grant applications will assist with additional resources tohelp FPD reduce collisions by removing impaired drivers, conducting underage alcoholprevention/education, and providing patrol radar units so officers are able to enforce speeding violations.The numerous letters and comments the FPD receives regarding traffic violations and concerns fromcitizens reinforce this goal.

Community Benefits and Considerations:The FPD grant applications and approval upon award will assist the Flagstaff Police Department toprevent and control crime, administer justice, and educate the citizens of the City.

Community Involvement:Inform

Attachments: FFY19 GOHS Application-DUI AbatementFFY19 GOHS Application-DUI Task ForceFFY19 GOHS Application-Traffic RadarsFFY19 GOHS Application-Youth Alcohol Prevention

8. D. CITY OF FLAGSTAFFSTAFF SUMMARY REPORTTo: The Honorable Mayor and Council

From: Mark Wilson, Deputy Fire Chief

Co-Submitter: Stacey Brechler-Knaggs

Date: 03/28/2018


TITLE: Consideration and Approval of Grant Applications and Acceptance upon Award: ArizonaGovernor's Office of Highway Safety (GOHS) Federal Fiscal Year 2019 for Fire Department Applicationgrant funding for large set of battery operated extrication tools.

STAFF RECOMMENDED ACTION:Approve the application (s) and acceptance of an award from the Arizona Governor's Office ofHighway Safety (GOHS) for grant funds in the amount of three separate grant submittals topurchase heavy duty battery operated extrication equipment; 1) Heavy Duty Cutters - $10,355- 2)Heavy Duty Spreader - $12,535- 3) Heavy Duty Ram - $8,175

Executive Summary:This Staff Summary seeks approval of the grant applications and approval upon award of GOHS grantfunding for the Flagstaff Fire Department. We are requesting grant funds in the amount of three separategrant submittals; 1) Heavy Duty Cutters - $10,355- 2) Heavy Duty Spreader - $12,535- 3) Heavy DutyRam - $8,175 . Grant funds allocated by these FY 2019 grants to the Flagstaff Fire Department, willassist in the purchase of portable battery operated heavy duty extrication tools. These funds are nototherwise available in our budget. There is no match requirement for this grant.

Financial Impact:There is no significant financial impact to the Flagstaff Fire Department in terms of costs. Theexpenditures will be budgeted in FY 2019 in 001-03-052-6044-2-4405 with 100% offset in grant revenue.

Policy Impact:No policy impact.

Connection to Council Goal, Regional Plan and/or Team Flagstaff Strategic Plan:Strategic Plan Priority: Provide exceptional service

Has There Been Previous Council Decision on This:Yes, Council has accepted prior funded GOHS grants for the Fire Department

Options and Alternatives:- Approve the Grant Application(s) and Acceptance Upon Award - Disapprove the Grant Applications(s) and Do Not Accept Award

Background/History:The Flagstaff Fire Department is an All-Risk emergency response entity that covers response tonumerous major highways and interstates in the City and region. Last year alone, we responded to 344Highway incidents (293 - Motor Vehicle Accidents (MVA’s), 51 MVA vs. Pedestrian) requiring our units toprovide Advanced Life Support (ALS) and or extrication abilities. We are also called in to support fouradjacent Fire Districts for Mutual Aid, which are commonly due to multi-vehicle, or large semi type MVA’son the Interstates. By putting these heavier duty tools on our centrally staged extrication front lineresponse unit, we are able to provide extrication to our patients much more effectively and decrease thetime our Firefighters are on the scene (often with only one lane allowed to be shut down in order to keeptraffic moving on the Interstates), which in turn would significantly increase our and commuter safety.

Key Considerations:The Flagstaff Fire Department is the primary Emergency Medical Response (EMS) agency for all motorvehicle accidents in the City and also respond for any large incident within the region. Due to ourlocation at the intersection of I-40 and I-17 we see dozens of high speed accidents that require extricationequipment to remove entrapped patients. We are looking at putting these heavier duty battery operatedunits on our centrally located unit (Station #2). Currently we have an older generator type unit that is partof our Quint, but plan to move the Quints into an East/West Co-staff scenario to reduce apparatus costsand increase response times with a smaller Type 1 Engine at Station #2. By using more powerful batteryoperated units on a smaller Type 1 Engine (v. Quint), we would be able to reduce the impacts of reducedor stopped traffic flow in our response areas during incidents. These very versatile and powerful toolswould allow our central based extrication unit (located adjacent to the 1-40 and I-17 corridors) to haveaccess to a heavy duty battery operated tool for immediate extrication efforts that are commonly beyondthe capabilities of the smaller Combi Tools we carry on the departments other Type 1 Engines. Thebenefit of this heavy duty set of tools would dramatically enhance our ability to provide effective and rapidextrication in multiple locations for our heavily traveled 4 season region when larger (or smaller) vehiclesare involved.

Community Benefits and Considerations:The Fire Department grant applications will assist the Flagstaff Fire Department by reducingresponse times to the scene and enhancing scene and life safety through quicker use of heavy dutybattery operated extrication equipment once on the scene.

Attachments: Cover LetterFFY19 GOHS Application-Extrication Equip CutterFFY19 GOHS Application-Extrication Equip Ram

FFY19 GOHS Application-Extrication Equip Spreader

FLAGSTAFF FIRE DEPARTMENT211 W. Aspen Avenue Phone 928-213-2500Flagstaff, AZ 86001 Fax 928-213-2599

To the Director of the Governor’s office of Highway Safety,

We would like to request consideration for the following equipment to enhance our ability to provide Highway safety in our response area.

1- Large set of Hurst eDraulic extrication tools (model #’s- S700E2 Cutter HSS / SP777E2 Spreader / R421E2 Ram) @ $31,065 for the entire set of three (3). Priority would be in order as listed, but the set is preferred.

These very versatile and powerful tools would allow our central based extrication unit that is located adjacent to the 1-40 and I-17 corridors to have access to a heavy duty battery operated tool for immediate extrication effortsthat are commonly beyond the capabilities of the smaller Combi Tools on the department. The benefit of this heavy duty set of tools would dramatically enhance our ability to provide effective and rapid extrication in multiple locations for our heavily traveled 4 season region when larger (or smaller) vehicles are involved.

Currently this centrally based unit is limited to an older power plant unit that is far less effective due to reduced power, reels, generators, and has limited repair options that are cost effective. These limitations often cause delayed extrication efforts when dealing with large tractor trailer type incidents (which are very common in the Greater Flagstaff Region). By using more powerful battery operated units, we would be able to reduce the impacts of reduced or stopped traffic flow in our response areas during incidents.

By putting these heavier duty tools on our centrally staged extrication front line response unit, we are able to provide extrication to our patients much more effectively and decrease the time our Firefighters are on the scene (often with only one lane allowed to be shut down in order to keep traffic moving on the Interstates), which in turn would significantly increase our and commuter safety.

Last year alone, we responded to 344 Highway incidents (293 - MVA’s, 51 MVA vs. Pedestrian) requiring our units to provide ALS and or extrication abilities. We are also called in to support four adjacent Fire Districts for Mutual Aid, which are commonly due to multi-vehicle, or large semi type MVA’s on the Interstates.

Please consider the request for the Flagstaff Fire Department in support of these pieces of very necessary and critical equipment. On April 3, 2018 we will be presenting to City Council for grant approval if awarded.

Thank you,

Mark Gaillard Fire Chief [email protected]

8. E. CITY OF FLAGSTAFFSTAFF SUMMARY REPORT


From: Rick Tadder, Management Services Director

Date: 03/28/2018


TITLE: Consideration and Adoption of Resolution No. 2018-18: Resolution of the City Council of the City ofFlagstaff, Arizona, declaring, for the purposes of Section 1.150-2 of the Federal Treasury Regulations,official intent to be reimbursed in connection with certain capital expenditures relating to the FlagstaffWatershed Protection Project, Public Safety/City Operations Communication System, Water Projects andWastewater Projects, and establishing an effective date.

STAFF RECOMMENDED ACTION:1) Read Resolution No. 2018-18 by title only2) City Clerk reads Resolution No. 2018-18 by title only (if approved above)3) Adopt Resolution No. 2018-18

Executive Summary:This resolution will allow the City to reimburse itself for expenditures made on voter-approved projectsand water and wastewater projects that are currently being planned or under construction in advance ofissuing the debt (bonds) for the projects. Federal regulations provide that the City may reimburseitself for expenditures incurred prior to the issuing of debt so long as this type resolution is adopted. Without the resolution, only City expenditures incurred after issuance of debt would be allowed.

Financial Impact:City expenditures to be reimbursed with debt obligation are budgeted in FY 2018 for the FlagstaffWatershed Protection Project (407-03-425-varies), Public Safety/City Operations Communication System(001-04-061-0220-2-4229), Water projects (202-08-370-varies) and Wastewater projects(203-08-375-varies). There is no cost to approving this resolution.

Policy Impact:None

Connection to Council Goal, Regional Plan and/or Team Flagstaff Strategic Plan:Council Goals:

Council Goals:

Environmental and Natural Resources: Actively manage and protect all environmental and naturalresources.

Transportation and Other Public Infrastructure-Deliver quality community assets and continue toadvocate and implement a highly performing multi-modal transportation system.

Regional Plan:

Goal E&C.3. Strengthen community and natural environment resiliency through climate adaptation efforts.

Goal WR.2. Manage a coordinated system of water, wastewater, and reclaimed water utility servicefacilities and resources at the City level and identify funding to pay for new resources.

Goal WR.4. Logically enhance and extend the City’s public water, wastewater, and reclaimed waterservices including their treatment, distribution, and collection systems in both urbanized and newlydeveloped areas of the City to provide an efficient delivery of services.

Goal E&C.3. Strengthen community and natural environment resiliency through climate adaptation efforts.

Goal PF.2. Provide sustainable and equitable public facilities, services, and infrastructure systems in anefficient and effective manner to serve all population areas and demographics.

Has There Been Previous Council Decision on This:Yes. The City Council approves annual budgets and awards contracts for the expenditures beingreimbursed by debt financing. Voters approved the Flagstaff Watershed Protection Project and thePublic Safety/City Operations Communication System. Council approved water and wastewaterrates which included debt financing for capital projects.

Options and Alternatives:Approve the Reimbursement Resolution: This is the best option to allow the City the greatestflexibility to issue debt when it is most advantageous while allowing construction expenditures tooccur; or

1.

Do not approve the Reimbursement Resolution: If not approved, staff will need to quickly bringback a debt issuing ordinance for Council and would issue debt at the earliest possible time orprojects would need to be delayed.

2.

Background/History:Flagstaff Watershed Protection ProjectOn November 6, 2012, a general election was held by the City of Flagstaff whereby the citizensauthorized the Flagstaff Watershed Protection Project ballot measure. This is was to protect our localwatershed through the management of the forest areas on City, State, and Federal lands. Votersauthorized the issuance of $10,000,000 in general obligation debt. The City has issued $2,000,000 ingeneral obligation debt in March 2013 and $2,000,000 in general obligation debt in July 2016. We areplanning on issuing the remaining $6,000,000 in debt during Fiscal Year 2019. The debt servicepayments will be made from secondary property taxes.

Public Safety/City Operations Communication SystemOn November 6, 2012, a general election was held by the City of Flagstaff whereby the citizens

authorized the Public Safety/City Operations Communications System ballot measure. This is to upgradethe communication system in partnership with Northern Arizona University. Voters authorized theissuance of $4,720,000 in general obligation debt. The City has issued $3,952,287 in generalobligation debt in September 2011 and $405,000 in general obligation debt in September 2011. We areplanning on issuing the remaining $362,713 in debt during Fiscal Year 2019. The debt servicepayments will be made from secondary property taxes.

Water and Wastewater Projects FinancingOn April 19, 2016, Council adopted new rates for water and wastewater. The rates were based on aformal rate analysis completed by a consultant. The rate study included issuance of debt to financewater and wastewater capital projects. Both water and wastewater rate studies estimated that the Citywould issue debt as early as the Fiscal Year 2016. Both the Water Fund and Wastewater Funds wereable to maintain adequate fund balance without financing projects until Fiscal Year 2019. We areplanning on issuing up to $5,000,000 for water projects and up to $4,500,000 for wastewater projects inFiscal Year 2019. The debt service payments will be made from water and wastewater revenues.

Key Considerations:IRS regulations are very specific as to what capital expenditures are eligible for reimbursement. Theseexpenditures must be any cost of a type that is properly chargeable to a capital account (or would be orchargeable with a proper election) under general federal income tax guidelines.

Community Involvement:Inform: This resolution informs the community of its intent to reimburse construction projects with futuredebt issuances.Empower: The Citizens of Flagstaff approved the Flagstaff Watershed Protection Project and the PublicSafety/City Communication System at the November 2012 election.

Attachments: Res. 2018-18

RESOLUTION NO. 2018-18

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FLAGSTAFF, ARIZONA, DECLARING, FOR PURPOSES OF SECTION 1.150-2 OF THE FEDERAL TREASURY REGULATIONS, OFFICIAL INTENT TO BE REIMBURSED IN CONNECTION WITH CERTAIN CAPITAL EXPENDITURES RELATING TO THE FLAGSTAFF WATERSHED PROTECTION PROJECT, PUBLIC SAFETY/CITY OPERATIONS COMMUNICATION SYSTEM, WATER PROJECTS AND WASTEWATER PROJECTS, AND ESTABLISHING AN EFFECTIVE DATE

RECITALS:

WHEREAS, the City of Flagstaff, Arizona, a political subdivision of the State of Arizona (hereinafter referred to as the "City"), is authorized and empowered to finance the costs of various capital facilities and equipment owned or to be owned by the City; and WHEREAS, it is contemplated that certain expenditures made by the City with regard to capital facilities and equipment owned or to be owned by the City will be reimbursed from the financing proceeds in the future by or on behalf of the City. ENACTMENTS: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FLAGSTAFF, ARIZONA, THAT: Section 1. Definitions. The following terms shall have the meanings assigned thereto as follows: "Official intent" means a declaration of intent of the City to reimburse an original expenditure with proceeds of an obligation. "Original expenditure" means an expenditure for a governmental purpose that is originally paid from a source other than a reimbursement bond. "Reimbursement bond" means the portion of an issue of obligations allocated to reimburse an original expenditure that was paid before the issue date of such issue. Section 2. Official Intent. This Resolution is official intent relating to reimbursement for the original expenditures indicated in Exhibit A attached hereto which are capital expenditures [being any cost of a type that is properly chargeable to a capital account (or would be so chargeable with a proper election) under general federal income tax principles]. Section 3. Project Descriptions. The projects for which such original expenditures are to be paid are for those described on the Exhibit A attached hereto and the maximum principal amount of obligations (including the reimbursement bonds for such purposes) to be issued for such projects will not exceed $15,862,713. Section 4. Reasonableness of Official Intent. On the date of this Resolution, the Council of the City has a reasonable expectation (being that a prudent person in the same circumstances

RESOLUTION NO. 2018-18 PAGE 2 would have based on all the objective facts and circumstances) that it will reimburse such original expenditures with proceeds of such obligations. [Official intents have not been declared by the Council of the City as a matter of course or in amounts substantially in excess of the amounts expected to be necessary for such projects. Moreover, the Council of the City does not have a pattern (other than in extraordinary circumstances) of failure to reimburse actual original expenditures covered by official intents.] Section 5. Reimbursement Period. With certain exceptions, an allocation in writing that evidences use of proceeds of the reimbursement bonds to reimburse the original expenditures shall be made not later than 18 months after the later of the date that the original expenditure is paid or the date the project is "placed in service," but in no event more than 3 years after the original expenditure is paid. Section 6. Public Record. This Resolution shall be included as of the date hereof in the publicly available official records of the City, such records being maintained and supervised by the Clerk of the City, being the main administrative office of the City, and shall remain available for public inspection on a reasonable basis. Section 7. Effective Date. This resolution shall be immediately effective. PASSED AND ADOPTED by the City Council of the City of Flagstaff this 3rd day of April, 2018. MAYOR ATTEST: CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY

RESOLUTION NO. 2018-18 PAGE 3

EXHIBIT A

ORIGINAL EXPENDITURES INTENDED TO BE REIMBURSED

Description of Original Expenditures

Amount of Expenditures

Dates of Original Expenditures

Flagstaff Watershed Protection Project

$ 6,000,000

After July 1, 2017

Public Safety/City Operations Communications System

$ 362,713

After July 1, 2018

Water Projects

$ 5,000,000

After April 1, 2018

Wastewater Projects

$ 4,500,000

After April 1, 2018

14. A. CITY OF FLAGSTAFFSTAFF SUMMARY REPORTTo: The Honorable Mayor and Council

From: Nicole Woodman, Sustainability Manager

Co-Submitter: Jenny Niemann

Date: 03/28/2018


TITLEClimate Action and Adaptation Plan Update

STAFF RECOMMENDED ACTION:This is an informational update on the Climate Action and Adaptation Plan.

EXECUTIVE SUMMARY:To achieve the City Council’s goal of strong climate action, City staff are working with communitymembers to develop the Flagstaff Climate Action and Adaptation Plan (Plan). Staff will provide an update on the status of the Plan which addresses: Completed Activities:

Climate ProfileJanuary Open House: over 150 attendeesCommunity Forum topic: over 150 participantsThe Steering Committee has set a proposed mitigation target: To reduce greenhouse gasemissions to 80% of 2016 emissions levels by 2050

Upcoming Activities:

March: Vulnerability Assessment with a focus on the following areas: Public health, safety, and emergency servicesForest health and wildfireLand use, infrastructure, and affordable housingWater supply and qualityTourism and recreation

April: Actions and strategies developmentMay: Implementation PlanJune: First draftAugust: Public comment draftOctober: Council approval

Upcoming Outreach

Monthly: Coffee and Climate

Monthly: Coffee and ClimateSpring Open Houses:

Saturday, April 21st at Earth Day, 11:00 am – 2:00 pm, Bushmaster ParkWednesday, May 2nd, 4:30 pm – 7:00 pm, Murdoch Center

April 30th: Flagstaff Youth Climate SummitJuly: Open House for initial draft review

INFORMATION:Connection to Council Goal and/or Regional Plan:Council Goals:Take meaningful climate change action. Regional Plan:Goal E.1. Increase energy efficiencyGoal E.2. Expand production and use of renewable energyGoal E&C.1. Proactively improve and maintain the region’s air quality.Goal E&C.2 Reduce Greenhouse gas emissionsGoal E&C.3 Strengthen community and natural environment resiliency through climate adaptation efforts.Goal E&C.4. Integrate the best available science into all policies governing the use and conservation ofFlagstaff’s natural resources. Financial Impact:Staff has proposed climate action and adaptation projects through the FY19 budget process. The Plan will recommend climate mitigation and preparedness projects, which will require an ongoingfinancial commitment by the City.

Attachments: PowerPoint

Climate Action and Adaptation Plan

Quarterly Update

April 3rd, 2018

Jenny Niemann

Climate and Energy Specialist

Agenda

• Completed Plan development activities

• Upcoming work this Spring

• Looking ahead

2

Planning Timeline

Award of Contract

+

Begin Technical Analysis

Community Engagement

+

Vulnerability Assessment

Initial Draft

+

Public Review

Plan Development

+

Spring Open Houses

Fall

2017

Summer

2018

Winter

2018

3

Spring

2018

4

Completed Activities

What climate changes can we expect?

• According to the latest climate science, an average

day in Flagstaff is 2050 is expected to have:

• Hotter temperatures

• Less snowpack

• Less healthy forests

• Drier conditions

5

Hotter

temperatures

• Longer and hotter summers

• Difficulty for sensitive populations

Less snowpack • More rainfall instead of snowfall

• Increased flooding from more intense

rainstorms and post-wildfire conditions

Less healthy forests • Increased wildfire risk

• Increased damage from forest pests

Drier conditions • More severe drought conditions

• Lower water quality of reservoirs

January Community

Conversations

• Open House:

150 attendees from 35 neighborhoods

• Flagstaff Community Forum:

150+ participants

6

7

8

74% of respondents are very concerned

about reducing GHG emissions

83% are very concerned about preparing

for climate change impacts

9

Building

Energy

Efficiency

Waste,

Compost

Recycling

Water

Conservation

Community-Supported Action Areas

Emergency

Preparedness

Bike & Ped

InfrastructureRenewable

Energy

Transit

Improvements

Environmental

Education

Community Vision: In 2030, Flagstaff is…

• A leader in sustainability

• Maintaining access to affordable

housing

• Managing water sustainably

• Encouraging zero net energy buildings

• Ensuring access to open spaces and

healthy forests

• Accessible by bicycle and public

transit

10

Proposed Mitigation Target

• Flagstaff will reduce greenhouse gas emissions to

80% of 2016 emissions levels, by 2050

• This target will be complemented by per capita and annual goals

• Committee decision on this target was based on:

• Alignment with Paris Agreement goals

• Science-based target

• Similar 80x50 targets in peer cities, allowing for

comparability and collaboration11

12

Current Work

Vulnerability Assessment

13

Climate

Profile

to identify

impacts

Vulnerability

assessment

to identify risks

and adaptive

capacity

Strategies

and actions

will address

vulnerabilities

The Vulnerability Assessment Identifies:

• What are the areas of greatest vulnerability to the

negative impacts of climate change?

• What populations are most vulnerable?

• What neighborhoods are most vulnerable?

• Where does Flagstaff already have adaptive capacity

and community resiliency?

14

Vulnerability Assessment Topics

• Public health, safety, and emergency services

• Forest health and wildfire

• Land use, infrastructure, and affordable housing

• Water supply and quality

• Tourism and recreation

• Flooding

15

Actions and Strategies

Potential short-term projects:

• Expanded community outreach on fire risk

• Expansion of the Home Energy Efficiency Rebate program

• Water treatment back-up generators

• Public electric vehicle (EV) charging stations

• City facility energy audit and lighting upgrade

• Low-impact development stormwater projects

16

Potential long-term projects:

• Expanded forest health projects

• Transportation demand management

• Expanded incentives for home energy efficiency

improvements and renewable energy

• Revolving loan program for businesses

• Support for community members with asthma

• City policy on new vehicle purchases

• Increased urban agriculture 17

Actions and Strategies

18

Looking Ahead

Spring Open Houses

Saturday, April 21st at Earth Day

Bushmaster Park

11:00 – 2:00 pm

Wednesday, May 2nd

Murdoch Center

4:30 – 7:00 pm

Objectives:

• Communicate proposed goals

• Community members will prioritize actions and strategies19

Continued Outreach

• Community Forum Topics: mid-April through May

• Monthly Coffee and Climate

• Monthly Newsletter

• Presentations to community groups and organizations

• April Community Read

• CAAP Steering Committee

20

Flagstaff Youth Climate Summit

21

• April 30th, 2018

• To celebrate climate action by Flagstaff students

• Project focus areas: Water, Energy, Food, Biodiversity

• The top three teams will receive Climate Action

Awards

• June First draft to Council

• July Final Open House to review draft

• September Draft for public comment

• October Council approval

• November Implementation begins

22

Plan Completion Timeline

Questions?

23

Thank You!

Jenny Niemann

City of Flagstaff

[email protected]

928-213-2150



From: Rick Compau, Purchasing Director

Date: 03/28/2018


TITLEDiscussion/Direction: Proposed Amendment to the City of Flagstaff's Procurement Code Manual,Article 30, Section (B)(2), "Suspension, Debarment."

STAFF RECOMMENDED ACTION:Council direction.

EXECUTIVE SUMMARY:On April 4, 2017, Councilmember Putzova presented a Future Agenda Item Requests (F.A.I.R.) to havea discussion related to amending the City's Procurement Code Manual, specifically setting somestandards for the type of business partners we prefer conducting business with and those that meetrigorous standards of social and environmental performance and accountability and transparency. Two ormore councilmembers agreed to have a conversation related to the FAIR item.

On September 26, 2017, the FAIR item was discussed at the work session to determine if otherCouncilmembers were interested in discussing a proposed amendment to the City of FlagstaffProcurement Code Manual, Article 30, Section (B)(2), "Suspension, Debarment." CouncilmemberPutzova provided management with a proposed amendment to the Procurement Code Manual. Four ormore councilmembers agreed to place the FAIR item on a future work session to provide staff withdirection.

Current language: The causes for suspension or debarment may include, but are not limited to, the following: Conviction ofany person records, receiving stolen property or any other offense indicating a lack of business integrityor business honesty which affects responsibility as a City contractor.

INFORMATION:

Proposed Amendment (In capitalized letters):The causes for suspension or debarment may include, but are not limited to, the following: Conviction ofany person or any subsidiary or affiliate of any person under any statute of the Federal Government, thisState or any other state for embezzlement, theft, fraudulent schemes and artifices, fraudulent schemesand practices, bid rigging, perjury, forgery, bribery, falsification or destruction of records, receiving stolenproperty or any other offense indicating a lack of business integrity or business honesty which affectsresponsibility as a City contractor, OR VIOLATION OF A RELEVANT CRIMINAL STATUTE, ASEVIDENCED BY A PUBLIC ENFORCEMENT ORDER OR JUDGMENT, SETTLEMENT WITH A

EVIDENCED BY A PUBLIC ENFORCEMENT ORDER OR JUDGMENT, SETTLEMENT WITH ARELEVANT FEDERAL OR STATE ENFORCEMENT AGENCY, IMPOSITION OF FINES ORPENALTIES, OR OTHER FORMAL FINDING BY THE RELEVANT ENFORCEMENT AGENCY WITHREGULATORY ENFORCEMENT AUTHORITY UNDER THE APPLICABLE CONSUMER PROTECTIONLAW.

Staff Discussion:

A suspension or debarment, based on the proposed language involving a settlement (the act orprocess of settling an argument or disagreement) with a relevant Federal or State enforcementagency does not determine that a person/entity is guilty of an offense, such as those already statedin the Procurement Code Manual. Our City’s Procurement Code Manual is consistent with current Federal and State language forsuspension and debarment and are based on a conviction for crimes of moral turpitude(embezzlement, fraud, theft, bid rigging, bribery, etc.). During the procurement process, City staffsearch uniform government database known as “System for Awards Management (S.A.M.)to identify whether a person or entity is involved in a solicitation has been suspended or debarredspecifically for criminal conduct. This SAM database provides consistency to the City'sprocurement process. There is no such database to check for public enforcement orders, settlements with enforcementagencies, imposition of fines or penalties, or formal findings by relevant enforcement agencies,against those persons or entities seeking to participate in a solicitation. Without a uniformdatabase, there can be inconsistencies and discrepancies when conducting research forsuspended or debarred persons/entities. A suspension or debarment based on the proposed language could stifle competition. The proposed language may result in a significant amount of research for City Staff, especiallywhen consistency will be important, but yet very difficult due to the lack of an established database.

Staff are recommending that the City remain with the current language in the Procurement Code Manual,which is consistent with both Federal and State standards for suspension and/or debarment. If theCouncil give direction to adopt proposed language, staff would ask for direction in implementing thechanges.

Attachments: Power Point Presentation

CITY OF FLAGSTAFF

COUNCIL PROPOSED AMENDMENT

PROCUREMENT CODE MANUAL (F.A.I.R.

Item)

Council Discussion

April 3, 2018

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INTRODUCTION

➢ Discussion on a proposed amendment to the City’s Procurement Code

Manual

➢ Policy question to address proposed amendment:

1. Council member Putzova’s Proposed Amendment (F.A.I.R. Item):

▪ Suspension, Debarment (Article 30)

Proposed Amendment

F.A.I.R. ItemArticle 30– Suspension, Debarment

Procurement Code Article Article Title Section

Section Title Proposed Amendment Purpose

30, B2 Suspension,Debarment

N/A N/A Add additional language in Letter (B), Number 2, that incorporates other convictions, violations or formal findings to suspend or debar any person, subsidiary or affiliate of any person

Incorporate additional details that can be considered grounds for debarment or suspension

QUESTIONS?

14. C. CITY OF FLAGSTAFFSTAFF SUMMARY REPORT


From: Rick Compau, Purchasing Director

Date: 03/28/2018


TITLEDiscussion/Direction: Staff Proposed Amendments to the City's Procurement Code Manual.

STAFF RECOMMENDED ACTION:Council Direction.

EXECUTIVE SUMMARY:This work session item will provide an overview of six (6) staff proposed amendments to the City'sProcurement Code Manual and to seek input and direction from Council.

INFORMATION:The City's Purchasing Director will present information on staff proposed amendments to the City'sProcurement Code Manual. The staff proposed amendments are identified in red font in the attachedProcurement Code Manual.

Staff Proposed Amendments:

Informal and Formal Procurement Limits [Article 7, Section 7.1(B)(2)];Local Bid Preference Prohibited [Article 10, Section 10.11(H)];Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards(Article 14, Section 14.3);Determination of Bidder and Proposer Responsibility [Article 16(B)(3) & (B)(4)];Sole Source Evidence Request and Evidence [Article 18, Section 18.1(B)]; andEmergency Purchase Request and Evidence [Article 19(B) & (C)].

Attachments: Procurement Code AmendmentsProcurement Code Proposed Staff Amendments

PROCUREMENT CODE MANUAL

CITY OF FLAGSTAFF PURCHASING SECTION

CITY OF FLAGSTAFF 211 W. ASPEN AVE.

FLAGSTAFF, ARIZONA 86001

Council Approved and Adopted July 16, 2013

Last Revised: June 2, 2015

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TABLE OF CONTENTS ARTICLE 1 PURPOSE; DIRECTOR AUTHORITY and DUTIES; DELEGATION…... 5 ARTICLE 2 APPLICABILITY………………………………………………………………. 6 ARTICLE 3 SUPPLEMENTARY GENERAL PRINCIPLES OF LAW…………………. 7 ARTICLE 4 DEFINITIONS………………………………………………………………….. 7 ARTICLE 5 UNAUTHORIZED PURCHASE……………………………………………… 13 ARTICLE 6 DETERMINATIONS…………………………………………………………... 14 ARTICLE 7 INFORMAL and FORMAL PROCUREMENT LIMITS; QUOTE FILE REQUIREMENTS………………………………………………………. 14 Sec. 7.1 Informal Procurement Process…………………………………………….… 14 Sec. 7.2 Vendor List………………..…………………………………………………… 16 Sec. 7.3 Vendor Award…………………………………………………………………. 17 Sec. 7.4 Quote File Requirements…………………………………………………….. 17 ARTICLE 8 AVAILABLE FUNDS…………………………………………………………. 17 Sec. 8.1 Available Funds Identification………………………………………………... 17 Sec. 8.2 Petty Cash……………………………………………………………………… 18 Sec. 8.3 Procurement Cards………………………………………………………….... 18 ARTICLE 9 FORMAL PROCUREMENT PROCESS……………………………………. 18 ARTICLE 10 FORMAL PROCUREMENT PROCESS—INVITATION FOR BIDS…….. 18 Sec. 10.1 Invitation for Bids Determination…………………………………………….. 18 Sec. 10.2 Request for Issuance of an Invitation for Bids………………………………18 Sec. 10.3 Invitation for Bids……………………………………………………………… 18 Sec. 10.4 Invitation for Bids, Format, Content, Public Inspection……………………. 19 Sec. 10.5 Pre-bid Conference…………………………………………………………… 20 Sec. 10.6 Addendum to Invitation for Bids………………………………………………21 Sec. 10.7 Pre-opening Modifications or Withdrawal of Bids…………………………. 21 Sec. 10.8 Late Bids, Late Withdrawals, and Late Modifications…………………….. 22 Sec. 10.9 Receipt, Opening, Recording of Bids, and Confidential Information……. 22 Sec. 10.10 Mistakes in Bids……………………………………………………………… 23 Sec. 10.11 Bid Evaluation and Award…………………………………………………… 23 Sec. 10.12 Only One Bid Received……………………………………………………… 24 Sec. 10.13 Multi-step Sealed Bidding…………………………………………………… 25 Sec. 10.14 Phase One of Multi-step Sealed Bidding………………………………….. 25 Sec. 10.15 Phase Two of Multi-step Sealed Bidding………………………………….. 26 ARTICLE 11 FORMAL PROCUREMENT PROCESS—REQUEST for PROPOSALS…………………………………………………………….. 26 Sec. 11.1 Request for Proposals Determination……………………………………… 26 Sec. 11.2 Request for Issuance of a Request for Proposals………………………… 27 Sec. 11.3 Request for Proposals………………………………………………………... 27 Sec. 11.4 Solicitation Opportunities…………………………………………………….. 29 Sec. 11.5 Pre-proposal Conferences…………………………………………………… 29 Sec. 11.6 Late Proposals, Modifications or Withdrawals…………………………….. 29 Sec. 11.7 Receipt of Proposals…………………………………………………………. 29 Sec. 11.8 Evaluation of Proposals……………………………………………………… 30 Sec. 11.9 Discussions With Responsible Proposers and Revisions to Proposal….. 30 Sec. 11.10 Best and Final Offers; Tied Proposals……………………………………… 31 Sec. 11.11 Mistakes in Proposal Response…………………………………………….. 31 Sec. 11.12 Contract Award for Requests for Proposals……………………………….. 32

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ARTICLE 12 FORMAL PROCUREMENT PROCESS—PROFESSIONAL DESIGN SERVICES, CAPITAL IMPROVEMENTS/CONSTRUCTION and CONSTRUCTION SERVICES…………………………………………. 32 Sec. 12.1 Request for Solicitation Determination……………………………………… 32 Sec. 12.2 Request for Issuance of a Formal Solicitation………………………………33 Sec. 12.3 Professional Design Services……………………………………………….. 33 Sec. 12.4 Capital Improvements/Construction………………………………………… 33 Sec. 12.5 Construction Services………………………………………………………... 34 ARTICLE 13 FORMAL SOLICITATION ADVERTISING………………………………... 36 ARTICLE 14 EVALUATION/SELECTION COMMITTEE for MATERIALS, SERVICES, PROFESSIONAL DESIGN SERVICES and CONSTRUCTION………... 37 Sec. 14.1 Guidelines for Evaluation/Selection Committee; Selection Process……. 37 Sec. 14.2 Guidelines for the Selection of Evaluation Criteria Used in a Solicitation

Advertised as an Invitation for Bids, Request for Proposals or a Request for Statements of Qualifications……………………………………38

ARTICLE 15 CANCELLATION or REJECTION OF SOLICITATIONS………………… 39 Sec. 15.1 Solicitation Statement………………………………………………………… 39 Sec. 15.2 Cancellation of Solicitation Before Bids or Proposals Are Due…………... 39 Sec. 15.3 Cancellation of Solicitation After Bids or Proposals Are Due…………….. 40 Sec. 15.4 Rejection of All Solicitations…………………………………………………. 40 Sec. 15.5 Procurement Procedural Irregularity……………………………………….. 40 ARTICLE 16 DETERMINATION OF BIDDER and PROPOSER RESPONSIBILITY… 40 Sec. 16.1 Request for Review of Responsibility………………………………………. 42 ARTICLE 17 COST or PRICING DATA…………………………………………………… 42 Sec. 17.1 Reimbursement……………………………………………………………….. 42 ARTICLE 18 SOLE SOURCE………………………………………………………………. 42 Sec. 18.1 Sole Source; Evidence Request……………………………………………. 43 Sec. 18.2 Sole Source Justification…………………………………………………….. 43 ARTICLE 19 EMERGENCY PURCHASE…………………………………………………. 43 Sec. 19.1 Conditions for Emergency Purchase……………………………………….. 44 Sec. 19.2 Emergency Purchase Procedure…………………………………………… 44 ARTICLE 20 PROCUREMENTS FROM SOLICITATIONS by OTHER GOVERNMENTAL ENTITIES………………………………………………. 44 Sec. 20.1 Existing Contracts…………………………………………………………….. 44 Sec. 20.2 Joint Solicitations……………………………………………………………... 45 Sec. 20.3 Cooperative Purchasing Contract Awards………………………………… 45 Sec. 20.4 Purchases From Existing Contracts………………………………………… 45 Sec. 20.5 Request for Joint Solicitation………………………………………………… 46 Sec. 20.6 Commitment to Purchase or Participate…………………………………… 46 ARTICLE 21 BID and CONTRACT SECURITY………………………………………….. 46 Sec. 21.1 Bid Bond……………………………………………………………………….. 46 Sec. 21.2 Performance and Payment Bonds………………………………………….. 46 Sec. 21.3 Collection of Bid Bonds………………………………………………………. 47 Sec. 21.4 Enforcement of Performance Bonds……………………………………….. 47 ARTICLE 22 MULTI-TERM CONTRACTS……………………………………………….. 47 Sec. 22.1 Determination for Contract Periods Over 5 years………………………… 47 Sec. 22.2 Establishment of Contract Period…………………………………………… 48 Sec. 22.3 Authority to Renew…………………………………………………………… 48 ARTICLE 23 RIGHT to INSPECT; AUDIT………………………………………………… 48 ARTICLE 24 CONTRACT PROVISIONS and AMENDMENTS………………………… 48 Sec. 24.1 Standard Provisions………………………………………………………….. 48

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Sec. 24.2 Effective Dates………………………………………………………………… 48 Sec. 24.3 Contract Review Process……………………………………………………. 49 Sec. 24.4 Contract Preparation Process………………………………………………. 49 Sec. 24.5 Contracts to be Maintained by the City Clerk……………………………... 49 Sec. 24.6 Contract Amendments……………………………………………………….. 49 Sec. 24.7 Contract Amendment Preparation…………………………………………... 50 Sec. 24.8 Contract Amendment Process………………………………………………. 50 ARTICLE 25 CHANGE ORDERS………………………………………………………….. 50 Sec. 25.1 Change Order Process……………………………………………………… 51 Sec. 25.2 Change Order Conditions…………………………………………………… 52 Sec. 25.3 Change Order Membership…………………………………………………. 52 ARTICLE 26 AWARD of CONTRACT…………………………………………………….. 53 Sec. 26.1 Notice of Intent to Award…………………………………………………….. 53 ARTICLE 27 SPECIFICATION GUIDELINES…………………………………………….. 53 Sec. 27.1 Content of Specifications…………………………………………………….. 54 Sec. 27.2 Samples/Demonstrations……………………………………………………. 54 Sec. 27.3 Specification Approval……………………………………………………….. 54 Sec. 27.4 Specification Guidelines……………………………………………………… 54 Sec. 27.5 Maximum Practicable Competition; Brand Name or approved Alternate Qualified Products List……………………………………………………….. 54 Sec. 27.6 Inspections and Tests………………………………………………………… 55 Sec. 27.7 Proprietary Specifications……………………………………………………. 56 Sec. 27.8 Product Testing Guidelines………………………………………………….. 56 Sec. 27.9 Specifications Prepared by Architects; Engineers; Consultants…………. 56 Sec. 27.10 Preparation of Specifications by Persons Other Than City Personnel….. 56 Sec. 27.11 Recycled and Energy Consumptive Materials; Life Cycle Costing; Environmental Procurement…………………………………………………. 57 Sec. 27.12 Environmental/Sustainable Procurement Policy………………………….. 57 ARTICLE 28 DISPOSITION of SURPLUS PERSONAL PROPERTY…………………. 58 Sec. 28.1 Organizational Need…………………………………………………………. 59 Sec. 28.2 Surplus Property Listing……………………………………………………… 59 Sec. 28.3 Surplus Property Trade-In Allowance………………………………………. 59 Sec. 28.4 Proceeds From Sales………………………………………………………... 59 Sec. 28.5 Donation of Surplus Property……………………………………………….. 59 ARTICLE 29 PROTESTS……………………………………………………………………. 60 Sec. 29.1 Time for Filing Protests………………………………………………………. 60 Sec. 29.2 Filing of a Protest……………………………………………………………… 60 Sec. 29.3 Stay of Procurements During the Protest………………………………….. 60 Sec. 29.4 Confidential Information……………………………………………………… 61 Sec. 29.5 Remedies……………………………………………………………………… 61 ARTICLE 30 SUSPENSION; DEBARMENT……………………………………………… 61 Sec. 30.1 Resolution of Contract Controversies-Materials, Services and Construction Contracts……………………………………………………….. 62 ARTICLE 31 PROCUREMENT FROM ARIZONA CERTIFIED NONPROFIT AGENCIES THAT SERVE OR EMPLOY INDIVIDUALS WITH DISABILITIES………………………………………………………………… 63

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ARTICLE 1 PURPOSE; DIRECTOR AUTHORITY AND DUTIES;

DELEGATION A. Purpose.

The City operates as a centralized Purchasing Section under the supervision of a Purchasing Director (“Director”), which shall have for its purpose the purchase of materials, services, and construction for the City and shall:

1. Establish efficient procurement, inventory and disposition of surplus personal

property procedures;

2. Purchase all materials, services, and construction for the City at the lowest possible cost commensurate with quality needed;

3. Exercise positive financial control over purchases;

4. Clearly define authority for the purchasing function and the City’s Purchasing Code

of Ethics;

5. Assure the quality of purchases; and 6. Provide procurement assistance to all City Departments and Divisions;

B. Director Authority and Duties.

The Director shall:

1. Except as otherwise provided in this Procurement Code Manual, the Director shall establish rules consistent with this Procurement Code Manual, governing the procurement of all materials, services and construction to be procured by the City. Rules and procedures for the procurement of construction and professional design services, shall also be consistent with Arizona Revised Statutes, (A.R.S.) Title 34, Public Buildings and Improvements.

2. Except as otherwise provided in this Procurement Code Manual, procure all

materials, services and construction required by any Department or Division of the City in accordance with the provisions of this Procurement Code Manual and such procurement rules as may be established pursuant to this Procurement Code Manual.

3. Establish rules and procedures for the management of inventories of material and

surplus personal property belonging to the City.

4. Sell, trade or otherwise dispose of surplus personal property belonging to the City in compliance with requirements of the City Charter.

5. Establish and maintain programs for the inspection, testing and acceptance of

materials, services and construction.

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6. Discourage collusive and restrictive bidding and endeavor to obtain as fair and

open competition as possible on all purchases.

7. Prepare and recommend to the City Council revisions and amendments to this Procurement Code Manual.

8. Keep informed of current developments in the field of purchasing, prices, market

conditions and new products.

9. Prescribe and maintain such procedures as necessary for the operation of the centralized procurement function.

10. Maintain a Bidder’s list, material, service and construction references and all

records needed for the efficient operations of the centralized purchasing function. C. Delegation of Authority.

The Director hereby delegates the powers and duties of the Director authorized by this Procurement Code Manual to the Purchasing Section Staff.

ARTICLE 2 APPLICABILITY A. The provisions of this Procurement Code Manual apply only to procurements initiated after

its effective date. The City Attorney’s office, in consultation with the Director, shall interpret the provisions the provisions of this code in the event of any ambiguity.

B. The provisions of this Procurement Code Manual are applicable to every purchase of

materials, services and construction with public monies, including federal grants, and federal assistance monies except as otherwise provided in this section. Nothing in this Procurement Code Manual shall supersede the Flagstaff City Charter, or the terms and conditions of any grant, gift or bequest accepted by the City Council. If the procurement involves the expenditure of grants, federal assistance or contract monies or is subject to state law, the director shall comply with federal and state law and authorized regulations which are mandatorily applicable and which may not be reflected in this Procurement Code Manual.

C. Contracts for construction, as defined in Article 12, and contracts for the services of

architects or engineers to be used in connection with construction contracts shall be governed by the provisions of A.R.S. Title 34, Public Buildings and Improvements. Procedures and other provisions of this Procurement Code Manual, and rules established pursuant thereto, shall apply to such contracts only to the extent such Procurement Code Manual provisions, procedures and rules are not inconsistent with A.R.S. Title 34, Public Buildings and Improvements.

D. Professional services, such as appraisals, title searches/reports and policies, used in

support of Real Property Transactions, are subject to all applicable Sections of this Procurement Code Manual.

E. The following contracts are not subject to this Procurement Code Manual:

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1. Intergovernmental agreements;

2. Agreements negotiated by the Risk Management Manager or the City Attorney for the settlement of litigation or threatened litigation; and

3. Easement Agreements or Right of Entry Agreements.

ARTICLE 3 SUPPLEMENTARY GENERAL PRINCIPLES OF LAW Nothing in this Procurement Code Manual shall supersede Article VIII, “Contracts”, Sections 1 through 10, of the Flagstaff City Charter. ARTICLE 4 DEFINITIONS The words defined in this section shall have the meanings set forth below whenever they appear in this Procurement Code Manual, unless the context in which they are used clearly requires a different meaning or a different definition is prescribed for a particular provision. Addendum means any formal notification of any revision to pertinent information contained in either an informal or formal solicitation. Advantageous means in the best interest of the City. Affiliate means any person whose governing instruments require it to be bound by the decision of another person or whose governing board includes enough voting representatives of the other person to cause or prevent action, whether or not the power is exercised. It may also include persons doing business under a variety of names, or where there is a parent-subsidiary relationship between persons. Alternative Project Delivery Methods means construction related projects that utilize Construction-Manager-At-Risk, Design-Build or Job-Order-Contracting, instead of the traditional Design-Bid-Build method of construction project delivery. Authorized Purchase means any purchase that has been requisitioned and that has gone through the appropriate approval processes. Best and Final Offer means a formal process, conducted by the Purchasing Agent as the last phase of a Request for Proposals process after formal discussions and/or Proposer presentations are conducted. Best Interests of the City means advantageous to the City. Brand Name or Approved Alternate Specification means a specification that uses one (1) or more manufacturers' names or catalogue numbers to describe the standard of quality, performance, and other characteristics needed to meet City requirements, and that provides for the submission of equivalent products. Brand Name Specification means a specification limited to one (1) or more items by manufacturers’ name or catalogue numbers.

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Business means any corporation, partnership, individual, sole proprietorship, joint stock company, joint venture or any other private legal entity. Capital Improvements means construction related projects involving the process of building, altering, repairing, improving or demolishing any public structure or building or other public improvements of any kind to any public real property. Change Order means a written order, approved by the City’s Change Order Committee and signed by an authorized agent of the City, which directs the contractor or the City, to make changes that are authorized by the change order clause of the original contract. Construction means the process of building, altering, repairing, improving or demolishing any public structure or building, or other public improvements of any kind to any public real property. Construction does not include the routine operation, routine repair, or routine maintenance of existing structures, buildings or real property. Construction Manager means a person who provides management and/or technical services required to implement a capital project pursuant to the project guidelines. Construction-Manager-At-Risk (CMAR) means a project delivery method in which: A. There is a separate contract for design services and a separate contract for construction

services.

B. The contract for construction services may be entered into at the same time as the contract for design or at a later time.

C. Design and construction of the project may be in sequential phases or concurrent phases.

D. Finance services, maintenance services, operations services, preconstruction services

and other related services may be included. Contract means all types of City agreements, regardless of what they may be called, for the procurement of materials, services, or construction or the disposition of personal property. Contract Modification means any written alteration in the terms and conditions of any contract accomplished by mutual action of the parties to the contract. Contractor means any person who has a contract with the City. Cost Data means information concerning the actual or estimated cost of labor, material, overhead, and other cost elements that have been actually incurred or that are expected to be incurred by the contractor in performing the contract. Data means documented information, regardless of form or characteristic. Days mean calendar days unless otherwise specified. Debarment means an action taken by the director, under the provisions of this Procurement Code Manual, to prohibit a person from participating in City procurements for three (3) years.

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Department/Division means an organizational work unit as defined by the City of Flagstaff Organization Chart. Designee means a duly authorized representative of a person holding a superior position. Design-Build (DB) means a project delivery method in which: A. There is a single contract for design services and construction services.

B. Design and construction of the project may be in sequential phases or concurrent phases.

C. Finance services, maintenance services, operations services, preconstruction services and other related services may be included.

Design-Bid-Build (DBB) means a project delivery method in which:

A. There is a sequential award of two separate contracts.

B. The first contract is for design services.

C. The second contract is for construction.

D. Design and construction of the project are in sequential phases.

E. Finance services, maintenance services and operations services are not included.

Director means the Director of the Purchasing Section or designee. Employee means an individual drawing a salary through the payroll process of the City whether elected or not. End User means any City employee who will actually be using the material or service being requested. Field Order means a paperless purchase order number given out by the Purchasing Section for Immediate, necessary, purchases, under one thousand dollars ($1,000), by City staff who are in need of various materials needed to repair fixtures or equipment. Interested Party means an actual or prospective Bidder or Proposer whose economic interest may be affected substantially and directly by the issuance of a solicitation, the award of a contract or by the failure to award a contract. Whether an actual or prospective Bidder or Proposer has an economic interest will depend upon the circumstances of each case. Invitation for Bids (IFB) means all documents, whether attached or incorporated by reference, which are used for soliciting formal bids in accordance with the procedures prescribed in this Procurement Code Manuals. Invitation To Submit Technical Offers means all documents, whether attached or incorporated by reference, which are used for soliciting unpriced technical offers to assist in the evaluation of market place technology to determine what specific technology would be considered to be the most advantageous to the City to be specified in a subsequent competitive solicitation.

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Job-Order-Contracting (JOC) means a project delivery method in which: A. The contract is a requirements contract for indefinite quantities of construction.

B. The construction to be performed is specified in job orders issued during the contract.

C. Finance services, maintenance services, operations services, preconstruction services,

design services related services may be included.

Life Cycle Cost Assessment (LCCA) means the comprehensive accounting of the total cost of ownership, including initial costs, energy, and operational costs, longevity and efficacy of service and disposal costs. Local Vendor means any individual or company, with a valid business license, issued by the City of Flagstaff and a business location within the City limits of Flagstaff, for a period of six months. Materials means all personal property, including equipment, supplies, printing and insurance. May shall be construed as being permissive. Multi-Step Sealed Bidding means a two-phase process consisting of a technical first phase composed of one (1) or more steps in which Bidders submit un-priced technical offers to be evaluated by the City and a second phase in which those Bidders whose technical offers are determined to be acceptable during the first phase have their priced bid considered. Person shall include the state, the county, a political subdivision of the state, other governmental entity, a corporation, firm, partnership, limited liability company, association, organization, and any other group acting as a unit, as well as an individual. It includes a trustee, receiver or similar representative. Price Data means information concerning prices, including profit, for materials, services or construction items substantially similar to those being procured under a contract or subcontract. In this definition, "prices" refers to offered or proposed selling prices, historical selling prices, or current selling prices of the items being purchased. Private Development means commercial or residential development by the private sector. Procurement means buying, purchasing, renting, leasing or otherwise acquiring any materials, services and construction. Procurement also includes all functions that pertain to the acquisition of any materials, services or construction including description of requirements, selection and solicitation of sources, preparation and award of contract, and all phases of contract administration. Procurement Code Manual means this Procurement Code Manual, outlining various procurement functions, as approved and adopted by the Flagstaff City Council. Professional Services means those services requiring special knowledge, education or skill and where the qualifications of persons rendering the services are of primary importance. shall include, but not be limited to, appraisers, attorneys, architects, engineers, surveyors, accountants, psychologists, physicians, and other health professionals.

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Project Manager means a person who provides management and/or technical services required to implement a capital project pursuant to the project guidelines. Proprietary Specification means a specification that describes a material made and marketed by a person having the exclusive right to manufacture and sell such material and excludes other material with similar quality, performance or functional characteristics from being responsive to the solicitation. Purchasing Agent means the Director, Purchasing Manager, Senior Procurement Specialist, Buyers, or any member of the Purchasing Staff authorized by the Director to commit the City to a purchase and manage, supervise, and monitor the execution of the terms and conditions of a contract. Purchase Description means the words used in a solicitation to describe the materials, services or construction for purchase and includes specifications attached to, or made a part of, the solicitation. Purchase Requisition means a formal request for a material, service or construction and electronically submitted through the City’s financial software system and processed into a formal purchase order. Qualified Products List means an approved list of materials, services or construction items described by model or catalogue numbers, that, prior to competitive solicitation, the City has determined will meet the applicable specification requirements. Recycled Content Product means a product containing a minimum of thirty-five percent (35%) recycled materials except in those cases where the US EPA has adopted procurement guidelines under the Resource Conservation Recovery Act of 1976. Recyclable Product means a product or package made from a material for which curbside or drop-off collection systems are in place for a majority of City residents or businesses; to divert from City solid waste for use as a raw material in the manufacture of another product or the reuse of the same product. Request for Information means all documents, whether attached or incorporated by reference, which are used for soliciting unpriced information regarding a specific product or service for evaluation to determine what specifications or scope of work would be considered to be the most advantageous to the City to be specified in a subsequent competitive solicitation. Request for Proposals (RFP) means all documents, whether attached or incorporated by reference, which are used for soliciting formal proposals in accordance with procedures prescribed in this Procurement Code Manual. Request for Statements of Qualifications (RSOQ) means all documents, whether attached or incorporated by reference, which are used for soliciting formal statements of qualifications in accordance with procedures prescribed in this Procurement Code Manual. Requisitioner means any staff member, working for the City of Flagstaff, who has a request for either a material, service or construction and electronically submits a purchase requisition through the City’s financial software system.

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Responsible Bidder or Proposer means a person who has the capability, skills and experience to perform the contract requirements and the integrity and reliability which will assure good faith performance. Responsive Bidder or Proposer means a person who submits a bid which conforms in all material respects to the invitation for bids or request for proposals. Reusable Product A product that can be used several times for an intended end use before being discarded. Services means the furnishing of labor, time or effort by an independent contractor which does not involve the delivery of a specific end product other than required reports and performance. Shall The word "shall" shall be construed as being mandatory. Solicitation means an invitation for bids, a request for technical offers, a request for proposals, a request for quotations, or any other invitation or request by which the City invites a person to participate in a procurement. Specification means any description of the physical or functional characteristics, or of the nature of a material, service or construction item. Specification may include a description of any requirement for inspecting, testing, or preparing a material, service or construction item for delivery. Surplus Property means any supplies, materials and equipment owned by the City, that no longer has any use to the City. This includes obsolete materials, scrap materials, and supplies, materials and equipment that have completed their useful life cycle. Suspension means an action taken by the director temporarily disqualifying a person from participating in City procurements for six (6) months. Sustainably Preferable Product means a product that has a reduced negative effect or increased positive effect on human health and the environment when compared with competing products that serve the same purpose. This term includes, but is not limited to, recyclable products, recycled products and reusable products. Sustainable Product means a product that achieves performance objectives while respecting the City’s values and balancing environmental stewardship, fiscal responsibility, social equity, and community enhancement. Sustainable Purchasing means purchasing materials, products, and labor in a manner that reflects fiscal responsibility, social equity, environmental stewardship and community enhancement. Task Order means a written form used in a process associated with On-Call contracts in which a task order form is submitted to initiate professional Architectural, Engineering, Surveying, Landscape Architecture and Geotechnical services from those firms who have been awarded an On-Call contract.

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Technical Offer means unpriced written information from a prospective contractor stating the manner in which the prospective contractor intends to perform certain work, its qualifications, and its terms and conditions. Quotation means a verbal or written commitment to supply materials, services or construction at a stated price and terms. Request for Quotation (RFQ) means all documents, whether attached or incorporated by reference, which are used for soliciting quotations in accordance with procedures prescribed in the informal procurement process. ARTICLE 5 UNAUTHORIZED PURCHASE A. Any purchase made that does not follow any of the applicable processes under the

provisions of this Article, is considered an unauthorized purchase. B. All purchases will be made in accordance with this Procurement Code Manual. The

following steps shall be included in the procurement process: 1. Electronic submission of a properly completed purchase requisition;

2. Verification by the requestor that funds are available; 3. The purchase requisition has gone through all other established approval

processes; 4. All requisitions for materials, services and construction that are below fifty

thousand dollars ($50,000) shall be subject to an informal competitive solicitation process under the provisions of Article 7(A); except as provided in Article 2 “Applicability”, Article 18 “Sole Source”, Article 19 “Emergency Purchase” and Article 20, “Procurements From Solicitations By Other Governmental Entities”;

5. All requisitions for materials, services and construction at fifty thousand dollars

($50,000) and higher, shall be subject to a formal competitive solicitation process under the provisions of Article 7(B) and any contract award shall be approved by City Council; except as provided in Article 2 “Applicability”, Article 18 “Sole Source”, Article 19 “Emergency Purchase”; and Article 20, “Procurements From Solicitations By Other Governmental Agencies”; and

6. All purchases for materials, services and construction shall have a properly

executed purchase order and a contract, if a contract is deemed necessary, given the particular purchase, to be processed by the Purchasing Section.

C. An employee making a purchase not in conformance with this Procurement Code Manual,

adopted rules and established procedures may be subject to:

1. Verbal consultation with individual;

2. Written reprimand with individual;

3. Revocation of purchasing rights; or

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4. Other corrective action, as deemed appropriate

D. Any unauthorized purchase shall be reported to the appropriate Division or Department

Head. ARTICLE 6 DETERMINATIONS Written determinations, if required by this Procurement Code Manual, shall be retained in the appropriate official record file of the Purchasing Section. A. Determinations shall fully specify reasons. B. The Director may specify the format for Determinations. ARTICLE 7 INFORMAL AND FORMAL PROCUREMENT LIMITS; QUOTE FILE

REQUIREMENTS A. Informal Procurement Limit. Procurement of a material, service or construction less

than fifty thousand dollars ($50,000.00), shall be made by informal procedures in accordance with the provisions of Section 7.1 of this Procurement Code Manual and any applicable federal and state laws, rules and regulations except as provided in Article 2, “Applicability”; Article 18, “Sole Source”; Article 19, “Emergency Purchases”; Article 20, “Procurements From Solicitations By Other Governmental Entities”. Procurements less than fifty thousand dollars ($50,000.00), may be made utilizing a formal procurement process if deemed by the Director to be in the best interest of the City. Procurements less than fifty thousand dollars ($50,000.00), are not required to be approved and awarded by City Council.

B. Formal Procurement Limit. Procurement of a material, service or construction of fifty

thousand dollars ($50,000.00) and higher, shall be made by formal procedures in accordance with the City Charter and provisions of Article 9 of this Procurement Code Manual and any applicable federal and state laws, rules and regulations, except as provided in Article 2, “Applicability”; Article 18, “Sole Source”; Article 19, “Emergency Purchases”. Procurements of fifty thousand dollars ($50,000.00) and higher, are required to be approved and awarded by City Council.

Section 7.1 Informal Procurement Process A. Informal Procurement Process.

Any procurement, established in Article 7(A) shall be made in accordance with established Procurement Code Manual procedures. Determination as to the use of informal or formal process shall be based on the cost of the item(s), including all taxes, fees, freight, installation and any other miscellaneous costs. The procurement shall be made with such competition as is outlined in B, C and D under this Section. Procurement requirements shall not be artificially divided or fragmented to circumvent the purchasing process under this section or the procedures required by Article 9, “Formal Procurement Process.” This section shall not be construed to permit informal purchasing if there is a City Charter or ordinance provision or a Federal or State law, regulation or rule to the contrary.

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B. PURCHASES AT FIVE THOUSAND DOLLARS ($5,000) OR LESS

1. For purchases at or less than five thousand dollars ($5,000), the Purchasing Agent or requesting Division or Section may direct select the vendor of choice for the purchase of any materials, services or construction requested. Reasonable good faith efforts shall be made to purchase from a Local Vendor by utilizing our local Vendor list as a first resource.

2. Any procurement that is federally funded, in whole or in part, shall utilize the micro-purchase threshold set by the Federal Acquisition Regulation without soliciting competitive quotations for purchases at or less than $3,500.

C. PURCHASES AT FIVE THOUSAND AND ONE DOLLARS ($5,001) UP TO FIFTEEN THOUSAND DOLLARS ($15,000). For purchases at five thousand and one dollars ($5,001) and up to fifteen thousand dollars ($15,000), the Purchasing Agent or requesting Department shall solicit, verbal quotations for the purchase of materials, services or construction from, at minimum three (3) Bidders or Proposers, as determined to be the most advantageous under the immediate circumstances, except as provided in Article 2, “Applicability”; Article 18, “Sole Source”; Article 19, “Emergency Purchases”; Article 20, “Procurements From Solicitations By Other Governmental Entities”. Reasonable good faith efforts shall be made to solicit quotes from Local Vendors by utilizing our local Vendor list as a first resource. Verbal quotations obtained shall be documented in the procurement file.

D. PURCHASES AT FIFTEEN THOUSAND AND ONE DOLLARS ($15,001) UP TO FORTY

NINE THOUSAND NINE HUNDRED AND NINETY NINE DOLLARS ($49,999).

For purchases at fifteen thousand and one dollars ($15,001) and up to forty nine thousand nine hundred and ninety nine dollars ($49,999), shall be made in accordance with the following procedures:

1. A Purchasing Agent or requesting Department shall solicit at least three (3) Bidders

or Proposers to submit written or faxed quotations or proposals on vendor’s letterhead or by e-mail. Whenever practicable, the City’s standard Request for Quotations (RFQ) or Request for Proposals (RFP) document shall be utilized in an effort to obtain written quotes. The City Attorney’s Office shall review the RFQ and RFP prior to issuance, if a contract is required for the procurement. Written quotations obtained shall be documented in the procurement file.

2. The Purchasing Agent may solicit quotations or Proposals from all vendors on the

Bidder’s list, but at minimum, shall solicit quotations or Proposals from Local Vendors by utilizing our local vendor list as a first resource and those Bidders or Proposers who have specifically requested an opportunity to submit a quotation or Proposal for the specific material, service or construction being requested at that time.

3. Award shall be made to the lowest responsive and responsible Bidder or highest

scoring responsive and responsible Proposer submitting a responsive quotation or proposal. The amount of an applicable City Transaction Privilege or Use Tax shall

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not be a factor in determining the lowest Bidder if a competing Bidder, who is located outside the City, is not subject to an equal tax rate.

4. Whenever required by the Purchasing Agent, Bidders or Proposers shall submit

quotes or proposals on the form issued with the Request for Quotation or Proposal, and the quotes shall be recorded and placed in the procurement file.

5. If only one responsive and responsible quotation or proposal is received, a

statement shall be included in the procurement file explaining the basis for determining that the price and/or proposal is fair and reasonable. Time permitting, the Purchasing Agent may initiate a second solicitation to include the vendor who provided the only response initially.

6. Whenever practicable, Article 27, “Specification Guidelines” shall be used in the

development of specifications for a Request for Quotation or Proposal. 7. Written quotations or proposals transmitted via facsimile machine or e-mail shall

be permitted provided the quotation or proposal bears the signature of an authorized agent of the Bidder or Proposer submitting the quotation or proposal.

a. Quotations or proposals qualified in any manner are subject to rejection in

whole or in part. b. Alternate quotations or proposals shall be considered unless specifically

stated otherwise in the Request for Quotation. c. In the event of a discrepancy between the unit price and the extension

price, the unit price shall govern. d. In the event of tied quotes, the tie shall be broken according to the following,

determined by the Director :

1. Best and final Offer when determined by the Director to be applicable; or

2. Drawing lots.

e. The City reserves the right to reject all quotations and seek new quotations with a new Request for Quotation.

These procedures do not supersede Article 2, “Applicability”; Article 18, “Sole Source”; Article 19, “Emergency Purchases”; Article 20, “Procurements From Solicitations By Other Governmental Entities”.

Section 7.2 Vendor List A. Any vendor who would like to be on the City’s vendor list must register with the City’s

Purchasing Section by completing a vendor application. The vendor application can be found on the City’s website by clicking on City Hall/Department/Purchasing/Vendor Registration/Vendor Application.

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B. Once a vendor’s application has been received and approved, the vendor will be assigned a vendor number and placed on the vendor list that will reference the products and/or services they provide.

C. Vendors are encouraged to sign up for electronic bid notifications by clicking on a link “New Bid Notifications”, which is where vendors subscribe to be set up to receive automatic bid notifications.

Section 7.3 Vendor Awards Contract award information is posted to the City’s website and can be viewed by clicking on City Hall/Department/Purchasing/Bid Tabulation. Section 7.4 Quote File Requirements A. Verbal and written quote files shall be set up, within the Purchasing Section, to retain for

record keeping purposes. B. Verbal quote files shall be set up by the Purchasing Section for each purchase over five

thousand dollars ($5,000) and up to fifteen thousand dollars ($15,000). C. Written quote files shall be set up by the Purchasing Section for each purchase over

fifteen thousand dollars ($15,000) and up to forty nine thousand nine hundred and ninety nine dollars ($49,999).

ARTICLE 8 AVAILABLE FUNDS Unencumbered funds to cover the entire purchase must be available in the appropriate account of the Operating Budget or other appropriate fund against which the purchase is to be charged prior to the commitment to purchase except multi-year contracts, in which case only funds for the first year of the contract need be appropriated. Section 8.1 Available Funds Identification A. Solicitations pursuant to the formal bidding process may not be issued when using un-

designated funds, contingency funds, or funds transferred between departments unless approved in writing by the Director of Management Services or appointed designee.

B. Solicitations pursuant to Article 9, “Formal Procurement Process”, shall not be issued prior

to the appropriate approval for use of certain funds requiring budget transfers to or from capital and salary accounts.

C. Solicitations pursuant to Article 9, “Formal Procurement Process”, shall not be issued prior

to the acceptance by the City Council of any grant funds, unless approved in writing by the Director of Management Services or appointed designee.

D. Requestors are responsible for verifying available funds prior to submitting a purchase

requisition and shall enter an electronic purchase requisition prior to requesting the issuance of a formal solicitation.

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Section 8.2 Petty Cash (Reserved) Section 8.3 Procurement Cards (Reserved) ARTICLE 9 FORMAL PROCUREMENT PROCESS Except as otherwise provided in this Procurement Code Manual, a procurement which exceeds the formal procurement limit specified in Article 7(B), “Formal Procurement Limit”, shall be made in accordance with either Article 10, “Formal Procurement Process—Invitation for Bids”, Article 11, “Formal Procurement Process—Request for Proposals” or Article 12, “Formal Procurement Process—Professional Design Services, Capital Improvements/Construction and Construction Services”. ARTICLE 10 FORMAL PROCUREMENT PROCESS--INVITATION FOR BIDS The formal procurement process using an Invitation for Bids is typically used for the purchase of materials and capital improvements/construction projects, where the specifications and/or scope are definitively defined and the price is the determining factor in the award of a contract. The Invitation for Bids document shall include specifications and/or scope of work, and all terms and conditions applicable to the procurement. The contract’s inception is with the Invitation for Bids document that outlines all of the terms and conditions as the contractual language and incorporates the successful Bidder’s bid submittal, which is adopted by reference. The Invitation for Bids document contains an Offer and Contract Award form that is signed by both the successful Bidder and the Purchasing Agent, which consummates the contract award. Section 10.1 Invitation for Bids Determination The Purchasing Agent shall determine if the Invitation for Bids process is applicable for the selection of the material, service or construction with an estimated expenditure exceeding the formal bid limit. Section 10.2 Request for Issuance of an Invitation for Bids A. The Requisitioner or “End-user” shall electronically submit a requisition referencing the

cost estimate or approved budget for the requested material, service or construction. B. The Purchasing Agent shall obtain a bid number from the Solicitation Log Book in the

Purchasing Section, provide the description of the purchase or project, the Purchasing Agent assigned and determine the appropriate solicitation document and agreement to be used.

C. The Requisitioner or “End-user” shall provide the specifications and/or scope of work to the Purchasing Section to be incorporated into the bid solicitation.

D. Once the bid solicitation is complete, the Purchasing Agent shall forward to the City Attorney’s office for review before issuance of the solicitation.

Section 10.3 Invitation for Bids

An Invitation for Bids shall be issued when the evaluation and selection of a vendor for award is based on the lowest, responsive and responsible Bidder. The bid document shall include a purchase

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description and all contractual terms and conditions applicable to the procurement. A. An Invitation for Bids shall be issued at least twenty one (21) days before the closing

date and time for receipt of bids, unless a shorter time is determined necessary in writing by the Purchasing Agent pursuant to a written request from the requesting Department. However, in accordance with the Flagstaff City Charter, public notice of the Invitation for Bids shall be published at least once in the official newspaper, not less than five (5) days prior to the opening of the bids.

B. Sealed Bids shall be opened publicly at the time and place designated in the Invitation for

Bids. The amount of each bid, and such other relevant information as may be specified by rule, together with the name of each Bidder shall be recorded. The bids shall not be open for public inspection until after a contract is awarded, except to the extent the Bidder designates, and the Director concurs, that trade secrets or other proprietary data contained in the bid documents shall remain confidential in accordance with established rules.

C. Bids shall be unconditionally accepted without alteration or correction, except as

authorized in item (D) of this section. Bids shall be evaluated based on the requirements set forth in the Invitation for Bids as prescribed in the procurement rules. No criteria may be used in bid evaluation that are not set forth in the Invitation for Bids.

D. Correction or withdrawal of erroneous bids before or after bid opening, based on bid

mistakes, may be permitted in accordance with established rules. After bid opening, no corrections in bid prices or other provisions of bids prejudicial to the best interest of the City or fair competition shall be permitted. All decisions to permit the correction or withdrawal of bids, or to cancel awards or contracts based on bid mistakes, shall be supported by a written determination made by the Director.

E. The contract shall be awarded to the lowest responsive and responsible Bidder whose bid

conforms in all material respects to the requirements and criteria set forth in the Invitation for Bids. The amount of any applicable City of Flagstaff Transaction Privilege or Use Tax is not a factor in determining the lowest Bidder. The contract file shall contain the basis on which the award is made.

F. The multi-step sealed bidding method may be used if the Director determines, in writing,

that it is not practicable to initially prepare a definitive purchase description which is suitable to permit an award based on competitive sealed bidding. An Invitation for Bids may be issued requesting the submission of technical offers to be followed by an Invitation for Bids soliciting priced offers limited to those Bidders whose offers are determined to be technically acceptable under the criteria set forth in the first solicitation.

Section 10.4 Invitation for Bids, Format, Content, Public Inspection A. In all competitive sealed bidding procurements, the Purchasing Section shall issue the

standard Invitation for Bids document established and approved by the Purchasing Section and the City Attorney’s office.

B. The Invitation for Bids shall include the following:

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1. Instructions and information to Bidders concerning the bid submission requirements, including the time and date set for bid opening, the address of the office where bids are to be received, the period that the bid shall remain open, and any other special information;

2. The purchase description, specifications, evaluation criteria, delivery or

performance schedule, and inspection and acceptance requirements;

3. The standard contract terms and conditions, including warranty and bonding or other security requirements, as applicable;

4. If the Invitation for Bids incorporates documents by reference, the Invitation for

Bids shall specify where such documents may be obtained; 5. An Invitation for Bids may require the submission of bid samples, descriptive

literature, technical data and may require inspection or testing of a product before award;

6. Invitation for Bids shall require, from all Bidders, the submission of a non-collusion

affidavit on a form included in the Invitation for Bids document. Failure of any Bidder to provide the non-collusion affidavit, as a part of his sealed bid, shall be grounds for disqualification of the bid; and

7. Invitation for Bids shall be advertised, at least one (1) time, in the Arizona Daily

Sun and posted to the City’s website.

C. Solicitations posted on the City’s web site are available for downloading, as well as other means of obtaining a solicitation as follows: 1. Interested Bidders may subscribe to receive an e-mail based notification of all

current solicitation opportunities; 2. Interested Bidders may pick up solicitations from the Purchasing Section during

normal business hours; or 3. Interested Bidders can email the Purchasing Section and request an electronic

copy of the solicitation via email. Section 10.5 Pre-Bid Conference A pre-bid conference may be conducted within a reasonable time before bid opening to discuss the procurement requirements and solicit comments from prospective Bidders. Pre-bid conferences may be held multiple times at the discretion of the Purchasing Agent and the end-user. A. Pre-bid conferences are typically non-mandatory, but prospective Bidders are highly

encouraged to attend. Prospective Bidders who cannot physically attend, can conference in by phone. Prospective Bidders who choose this option will need to contact the Purchasing Agent, whose name is on the cover page of the bid document to get the phone number and conference ID number.

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B. Pre-bid conferences may be mandatory if the Purchasing Agent and end-user determine that the bid specifications are too complex and would warrant mandatory attendance at the pre-bid conference to discuss and ensure that prospective Bidders fully understand the specifications outlined in the bid document. Prospective Bidders who cannot physically attend, can conference in by phone. Prospective Bidders who choose this option will need to contact the Purchasing Agent, whose name is on the cover page of the bid document to get the phone number and conference ID number.

C. Prospective Bidders who submit a bid in response to an Invitation for Bids, but did not attend a mandatory pre-bid conference (either physically or by phone) will be deemed nonresponsive and their bid shall not be considered for evaluation and award.

Section 10.6 Addendum to Invitation for Bids A. An Addendum to an Invitation for Bids shall be issued if necessary to: 1. Make changes in the Invitation for Bids; 2. Correct defects or ambiguities;

3. Furnish to other Bidders information given to one Bidder if the information will assist the other Bidders in submitting bids, or if the lack of the information will prejudice the other Bidders; or

4. Inform Bidders of alternate materials accepted for bid. B. An addendum to an Invitation for Bids shall be so identified and shall be posted to the

City’s web site and sent by the Purchasing Section to all persons who provided an “Acknowledgement of Receipt” form when practicable, depending on the number of prospective Bidders who submitted this form.

C. All addendums shall be issued at least seven (7) days prior to bid opening to allow

prospective Bidders to consider them in preparing their bids, unless a shorter time is determined necessary, in writing, by the Purchasing Agent pursuant to a written request from the requesting Department. If the time and date set for bid opening do not permit sufficient time for bid preparation, the time and date for bid opening shall be extended in the addendum or, if necessary, by fax, e-mail, or telephone and then confirmed in the addendum.

Section 10.7 Pre-Opening Modifications or Withdrawal of Bids A. Bidders may modify or withdraw their bid at any time before bid opening if the modification

or withdrawal request is received in writing before the time and date set for bid opening in a location designated in the Invitation for Bids for receipt of bids.

B. All documents concerning a modification or withdrawal of a bid shall be retained in the

appropriate procurement file. Section 10.8 Late Bids, Late Withdrawals, and Late Modifications

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A. A bid, modification or withdrawal is late and shall not be accepted if it is received at the location designated in the Invitation for Bids for receipt of bids after the time and date referenced in the solicitation document.

B. A late bid, late modification, or late withdrawal shall be rejected unless the bid,

modification, or withdrawal is received before contract award at the location designated in the Invitation for Bids for receipt of bids and would have been timely received but for the action or inaction of the City.

C. Bidders submitting bids, modifications or withdrawals that are rejected as late shall be so

notified as soon as practicable. D. All documents concerning a late bid, late modification, or late withdrawal shall be retained

in the appropriate procurement file. E. All late bids shall be returned, unopened, to the vendor. Section 10.9 Receipt, Opening, Recording of Bids, and Confidential Information A. Each bid and modification shall be date and time-stamped upon receipt and stored

unopened in a secure place, within the Purchasing Section, until the time and date set for bid opening.

B. Bids and modifications shall be opened publicly and in the presence of one or more

witnesses at the time, date, and location designated in the Invitation for Bids for bid opening. The name of each Bidder, the bid price, and other information deemed appropriate shall be read aloud and recorded on a bid tabulation form. The name of the required witness shall also be recorded. All other information in a Bidder’s bid package (e.g., trade secrets or other proprietary information, shall not be made available for public inspection until after a contract has been awarded, except to the extent the Bidder designates, and the Director concurs, that trade secrets or other proprietary data contained in their bid submittal shall remain confidential in accordance with established rules.

C. All bids shall be irrevocable for, a minimum of, ninety (90) days or as deemed appropriate

by the Director. D. After contract award, or at the Director’s discretion, the bids shall be available for

public inspection except to the extent that the withholding of information is permitted or required by law. If the Bidder designates a portion of the bid as confidential, disclosure of such portion shall be made in accordance with the following:

1. If a Bidder believes that a bid contains information that should be withheld, a

statement advising the Director of this fact shall accompany the submission, and the information shall be so identified wherever it appears. The information identified by the person as confidential shall not be disclosed until the Director makes a written determination;

2. The Director shall review the statement and information and shall determine in

writing whether the information shall be withheld; and

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3. If the Director makes the determination to disclose the information, the Director shall inform the Bidder in writing of such determination.

Section 10.10 Mistakes in Bids A. A Bidder may correct mistakes discovered before the time and date set for bid opening by

withdrawing or correcting the bid as provided in Section 10.7, “Pre-Opening Modification or Withdrawal of Bids”.

B. After bid opening, a bid mistake, not resulting from an error in judgment may not be

corrected or withdrawn. Other bid mistakes may be corrected or withdrawn pursuant to the following:

1. After bid opening, the Director may either waive minor informalities in a bid or allow

the Bidder to correct them if a written determination is made that such action would not result in a pecuniary competitive bidding advantage to that Bidder. Nothing in this section shall be construed as requiring the Director to waive any informalities or to allow their correction.

2. After bid opening, the bid may not be withdrawn and shall be corrected to the

intended bid if a bid mistake and the intended bid are evident on the face of the bid.

3. After bid opening, the Director may permit a Bidder to withdraw a bid if:

a. A mistake, not resulting from an error in judgment, is evident on the face of

the bid but the intended bid; or b. The Bidder establishes to the Director’s satisfaction that a mistake was

made not resulting in an error in judgment.

4. In the event of a discrepancy between the unit price and a multiplied subtotal the unit price shall govern.

5. Mistakes shall not be corrected after award of the contract except where the

Director makes a written determination that it would be unconscionable not to allow the mistake to be corrected.

C. If correction or withdrawal of a bid after the bid opening is permitted or denied, the Director

shall prepare a written determination showing that the relief was permitted or denied under these established rules and regulations.

Section 10.11 Bid Evaluation and Award A. The contract shall be awarded to the lowest responsible and responsive Bidder whose bid

meets the requirements and evaluation criteria set forth in the Invitation for Bids. B. A product acceptability evaluation shall be conducted solely to determine whether a

Bidder’s product is acceptable as set forth in the Invitation for Bids and not whether one Bidder’s product is superior to another Bidder’s product. Any Bidder’s offering that does not meet the acceptability requirements shall be rejected as non-responsive.

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C. Bids shall be evaluated to determine which Bidder offers the lowest cost to the City in

accordance with the evaluation criteria set forth in the Invitation for Bids. Only objectively measurable criteria that are set forth in the Invitation for Bids shall be applied in determining the lowest Bidder. Examples of such criteria include, but are not limited to, transportation cost, energy cost, ownership cost and other identifiable costs or life cycle cost formula. Evaluation factors need not be precise predictors of actual future costs, but to the extent possible the evaluation factors shall be reasonable estimates based upon information the Director has available concerning future use.

D. A contract may not be awarded to a Bidder submitting a higher quality item than that

designated in the Invitation for Bids unless the Bidder is also the lowest Bidder as determined under Subpart C of this Section. This Section does not permit negotiations with any Bidder, unless the lowest, responsive and responsible Bidder’s bid exceeds the available monies budgeted for the material, service or construction, which would allow negotiations with the lowest, responsive and responsible Bidder.

E. In the event two or more low responsive bids from responsible Bidders are identical in

price and meet all the requirements and criteria set forth in the Invitation for Bids, the tie shall be broken according to the following determined by the Director:

1. Best and Final offer when determined by the Director to be applicable; or

2. Draw lots

F. A record showing the basis for determining the successful Bidder shall be retained in the

procurement file. G. The Purchasing Agent involved with the purchase shall provide a written notice of award

to the successful Bidder within twenty-four (24) hours of Council award. For procurements equal to or in excess of the formal procurement limit, each unsuccessful Bidder shall be notified in writing of the award within fourteen (14) days. Notice of award shall be made available to the public.

H. The City is prohibited from having a local bid preference ordinance. Therefore, contracts

shall not be awarded, whether an informal competitive or formal competitive solicitation process, based on giving any kind of bid preference to a local Flagstaff Vendor. The Arizona Supreme Court has determined and has ruled that any bid preference is unconstitutional.

Section 10.12 Only One Bid Received If only one responsive and responsible bid is received in response to an Invitation for Bids, an award may be made to the single Bidder if the Director determines that the price submitted is fair and reasonable, and that other prospective Bidders had reasonable opportunity to respond and there is not adequate time for re-solicitation. Otherwise, the bid will be rejected pursuant to the provisions of Article 15, “Cancellation or Rejection of Solicitations”, and: A. New bids may be solicited; or

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B. If the Purchasing Agent determines, in writing, that the need for the material, service or construction continues and the acceptance of the one bid is not advantageous to the City, the procurement may then be conducted under Article 18, “Sole Source” or Article 19, “Emergency Purchase”, as appropriate.

Section 10.13 Multi-Step Sealed Bidding A. The multi-step sealed bidding method may be used if the Director determines that: 1. Available specifications or purchase descriptions are not sufficiently complete to

permit full competition without technical evaluations and discussions to ensure mutual understanding between each Bidder and the City;

2. Definite criteria exist for evaluation of technical offers; 3. More than one technically qualified source is expected to be available; and 4. A fixed price contract will be used. B. The Purchasing Agent may hold a pre-bid conference with Bidders before submission or

at any time during the evaluation of the unpriced technical offers. Section 10.14 Phase One Of Multi-Step Sealed Bidding A. Multi-step sealed bidding shall be initiated by the issuance of an Invitation to Submit

Technical Offers. The Invitation to Submit Technical Offers shall be issued according to Section 10.3, “Invitation for Bids”, and shall contain the following information:

1. Notice that the procurement shall be conducted in two phases; 2. The best description of the material or services desired; 3. A statement that unpriced technical offers only shall be considered in phase one; 4. The requirements for the technical offers, such as drawings and descriptive

literature; 5. The criteria for evaluating technical offers; 6. The closing date and time for receipt of technical offers and the location where

offers should be delivered or mailed; 7. A statement that discussions may be held; and 8. A statement that only bids based on technical offers, determined to be acceptable

in phase one, shall be considered for award. B. The Invitation to Submit Technical Offers may be amended after the submission of the

unpriced technical offers. The amendment shall be distributed only to Bidders who submitted unpriced technical offers, and those Bidders shall be permitted to submit new unpriced technical offers or to amend the offers already submitted. If an amendment

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materially changes the procurement, the Invitation to Submit Technical Offers shall be canceled in accordance with Article 15, “Cancellation or Rejection of Solicitations”.

C. Unpriced technical offers shall not be opened publicly, but shall be opened in the presence

of the Procurement Agent and at least one witness. The contents of unpriced technical offers shall not be disclosed to unauthorized persons.

D. Unpriced technical offers shall be evaluated solely in accordance with the criteria set forth

in the Invitation to Submit Technical Offers and shall be determined to be either acceptable for further consideration or unacceptable. A determination that an unpriced technical proposal is unacceptable shall be in writing, state the basis of the determination and be retained in the contract file. If the Director determines a Bidder’s unpriced technical offer is unacceptable, the Purchasing Agent shall notify that Bidder of the determination and that the Bidder shall not be afforded an opportunity to amend its technical offer.

E. The Purchasing Agent may conduct discussions with any Bidder who submits an

acceptable or potentially acceptable technical offer. During discussions, the Purchasing Agent shall not disclose any information derived from unpriced technical offers to any other Bidder. After discussions, the Purchasing Agent shall establish a closing date for receipt of final technical offers and shall notify, in writing, Bidders submitting acceptable or potentially acceptable offers of the closing date. The Purchasing Agent shall keep a record of all discussions.

F. At any time during Phase One, offers may be withdrawn in accordance with Section 10.7,

“Pre-Opening Modifications or Withdrawal of Bids”. Section 10.15 Phase Two of Multi-Step Sealed Bidding A. Upon completion of Phase One, the Purchasing Agent shall issue an Invitation for Bids

and conduct Phase Two under Section 10.3, “Invitation for Bids”, as a competitive sealed bidding procurement, except that the Invitation for Bids shall be issued only to Bidders whose technical offers were determined to be acceptable in Phase One.

B. Unpriced technical offers of unsuccessful Bidders shall not be open to public inspection

until after a contract has been awarded, except to the extent set forth in Section 10.9, “Receipt, Opening, Recording of Bids and Confidential Information”.

ARTICLE 11 FORMAL PROCUREMENT PROCESS – REQUEST FOR PROPOSALS If the Director determines in writing that the use of competitive sealed bidding is either not practicable or not advantageous to the City, a contract may be entered into by competitive sealed proposals. The Purchasing Section shall issue the standard Request for Proposals document established and approved by the Purchasing Section and the City Attorney’s office. A Request for Proposals shall be issued when the evaluation and selection of a vendor for award includes other established evaluation criteria in addition to price and/or the scope of work/specifications are not definitively defined. The Request for Proposal document shall include a scope of work, and all contractual terms and conditions applicable to the procurement.

Section 11.1 Request for Proposals Determination

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The Purchasing Agent shall determine if the Request for Proposals process is applicable for the selection of the material or service. Request for Proposals shall not be used for design-bid-build construction projects. However, a Request for Proposals may be used for any of the Alternative Project Delivery Methods (e.g., JOC, CMAR or Design-Build) as phase 2 of a Request for Statements of Qualifications process. Section 11.2 Request for Issuance of a Request for Proposals A. The Requisitioner or “End-user” shall electronically submit a requisition referencing the

cost estimate or approved budget for the requested material or service. B. The Purchasing Agent shall obtain a proposal number from the Solicitation Log Book,

located in the Purchasing Section and provide the description and the Purchasing Agent assigned.

C. The Requisitioner or “End-user” shall provide the specifications and/or scope of work to

the Purchasing Section. Once the solicitation is complete, the Purchasing Agent shall forward to the City Attorney’s office for review before issuance of the solicitation.

Section 11.3 Request for Proposals A. Request for Proposals may be considered to be more practicable or advantageous if it is

necessary to: 1. Use a contract other than a fixed-price type;

2. Conduct oral or written discussions with Proposers concerning technical and price

aspects of their proposals; 3. Afford Proposers an opportunity to revise their proposals; 4. Compare the different price, quality, and contractual factors of the proposals

submitted;

5. Award a contract in which price is not the determining factor; and/or 6. Specifications and/or scope of work are not clear or well-defined.

7. Proposals shall be opened publicly at the time and place designated in the Request for Proposals. Only the name of each Proposer shall be publicly read and recorded. All other information contained in the proposals shall be confidential so as to avoid disclosure of contents prejudicial to competing Proposers during the process of evaluation. The proposals shall be open for public inspection after contract award. Except to the extent the Proposer designates and the Director concurs, trade secrets or other proprietary data contained in the proposal documents shall remain confidential in accordance with established rules.

8. Specific numerical weighting is not required. However, the Request for Proposal

document shall state the relative importance of price and other evaluation factors.

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9. As provided in the Request for Proposals, and under established rules, discussions may be conducted with responsible Proposers who submit proposals determined to be reasonably susceptible to being selected for award for the purpose of clarification to assure full understanding of, and responsiveness to, the solicitation requirements. Proposers shall be accorded fair treatment with respect to any opportunity for discussion and revision of proposals, and such revisions may be permitted after submissions and before award for the purpose of clarification. In conducting discussions, there shall be no disclosure of any information derived from proposals submitted by competing Proposers.

10. The award shall be made to the responsible Proposer whose proposal is

determined in writing to be the most advantageous to the City taking into consideration the evaluation factors set forth in the Request for Proposals. No other factors or criteria may be used in the evaluation. The amount of any applicable City Transaction Privilege or Use Tax is not a factor in determining the most advantageous proposal. The contract file shall contain the basis on which the award is made.

B. Request for Proposals shall set forth those factors listed in Section 10.4, “Invitation for

Bids, Format, Content, Public Inspection” that are applicable and shall also state:

1. The type of materials or services required and a description of the work involved; 2. The type of contract to be used; 3. An estimated duration that the service will be required; 4. That cost or pricing data is required; 5. That discussions may be conducted with Proposers who submit proposals

determined to be reasonably susceptible of being selected for award; 6. The minimum information that the proposal shall contain; 7. The closing date and time for receipt of proposals; and 8. The evaluation criteria that will be used to evaluate proposal responses. Numerical

weighting is not required. However, the Request for Proposal document shall reference each evaluation criterion’s relative importance.

C. A Request for Proposals shall be issued at least twenty one (21) days before the closing

date and time for receipt of proposals, unless a shorter time is determined necessary in writing by the Director pursuant to a written request from the requesting Department receiving the materials or services. In accordance with the Flagstaff City Charter, public notice of the Request for Proposals shall be published at least once in the official newspaper, not less than five (5) days prior to the opening of the proposals.

D. In all competitive sealed Request for Proposals, the Purchasing Section shall issue a

Request for Proposals using a solicitation document approved by the Purchasing Section and the City Attorney’s office.

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Section 11.4 Solicitation Opportunities 1. Solicitations shall be advertised in the Arizona Daily Sun and posted on the City’s

website. Prospective Proposers can download the solicitation and all other related documents at: flagstaff.az.gov/departments/purchasing/bidpostings-overview. After the heading “Bids available for download,” click on “bid postings”. All solicitations may be picked up from the Purchasing Section during normal business hours.

2. Interested Bidders can download and complete a Vendor Application form from the

City’s website. The Vendor Application form allows a Vendor to subscribe to receive an e-mail based notification of all current solicitation opportunities.

Section 11.5 Pre-Proposal Conferences Pre-proposal conferences may be convened in accordance with the same procedures outlined in Section 10.5, “Pre-Bid Conferences”. Section 11.6 Late Proposals, Modifications or Withdrawals A. A proposal received after the closing date and time for receipt of proposals is late and

shall not be considered except under the circumstances set forth in Section 10.8, “Late Bids, Late Withdrawals and Late Modifications”. A best and final offer received after the closing date and time for receipt of best and final offers is late and shall not be considered except under the circumstances in accordance with the same procedures outlined in Section 10.8 (B), “Late Bids, Late Withdrawals and Late Modifications”.

B. A modification of a proposal received after the closing date and time for receipt of

proposals is late and shall not be considered except under the circumstances in accordance with the same procedures outlined in Section 10.8(B), “Late Bids, Late Withdrawals and Late Modifications”.

C. A modification of a proposal resulting from an addendum issued after the closing date and

time for receipt of proposals or a modification of a proposal resulting from discussions during negotiations shall be considered if received by the closing date and time set forth in the addendum or by the closing date and time for submission of best and final offers, whichever is applicable. If the modifications described in this subsection are received after the respective date and time described in this subsection, the modifications are late and shall not be considered except under the circumstances in accordance with the same procedures outlined in Section 10.8 (B), “Late Bids, Late Withdrawals and Late Modifications”.

D. A proposal may be withdrawn at any time before the closing date and time for receipt of

best and final offers. Withdrawal of a proposal after submission of best and final offers is permissible only in accordance with Section 11.11 (B), “Mistakes in Proposal Response”.

Section 11.7 Receipt of Proposals A. Each proposal received shall be date and time-stamped and retained in a secure place,

within the Purchasing Section, until the closing date and time for receipt of proposals. A

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record of proposals shall be prepared and shall contain the name of each Proposer, the subject of the Request for Proposals and the assigned Request For Proposals number for which the proposal was submitted.

B. Proposals shall be opened in the presence of one (1) or more witnesses. During the

evaluation process, proposals and modifications shall be shown only to those individuals involved in the evaluation and scoring process.

C. If only one proposal is received in response to a Request for Proposals, the Purchasing

Agent may either make an award in accordance with Section 11.12, “Contract Award for Request for Proposals”, or if time permits, re-solicit.

Section 11.8 Evaluation of Proposals A. Evaluation of proposals shall be based on the evaluation criteria set forth in the Request

for Proposals. Section 11.9 Discussions with Responsible Proposers and Revisions to Proposal A. Discussions may be conducted with responsible Proposers who submit proposals

determined to be reasonably susceptible of being selected for award; for the purpose of clarification to assure full understanding of, and responsiveness to, the solicitation requirements. Proposers shall be accorded fair and equal treatment with respect to any opportunity for discussions and revision of proposals, and such revisions may be permitted after submissions and prior to award, for the purpose of obtaining best and final offers. In conducting discussions, there shall be no disclosure of any information derived from proposals submitted by competing Proposers. The purpose of such discussions may be to:

1. Determine in greater detail such Proposer’s qualifications;

2. Explore with the Proposer the scope and nature of the project, the Proposer’s

proposed presented approach, the relative utility of alternate methods of approach and method of performance;

3. Determine that the Proposer will make available the necessary personnel and

facilities to perform within the required time; and

4. Agree upon compensation which is fair and reasonable, taking into account the estimated value of the required services/equipment, the scope and complexity of proposed project and nature of such services/equipment.

B. After an evaluation committee has reviewed all of the initial proposals, discussions may

be held between the responding Proposers and the evaluation committee. Such discussions are conducted to more fully understand the initial proposals submitted by the Proposers.

C. Following the initial proposal review and discussions phase, the evaluation committee may

either recommend an award to a specific firm or firms, if their proposal is clearly the best offer, or further define the RFP’s needs within the scope of the original RFP and call for best and final offers.

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D. Proposal information may not be disclosed to any other Proposer. Each Proposer’s

information and pricing shall be kept under strict security until after an award recommendation has been made.

E. All responsive and responsible Proposers are to be given a fair and equal opportunity to

respond to any narrowed scope/specification needs stated within the written best and final offer document that may be issued by the Director. If the evaluation process clearly proved (with supportive evidence) that certain Proposers were incapable of meeting the scope and needs of the RFP in a satisfactory manner, then those Proposers may be removed from further consideration during the best and final offer phase of the RFP evaluation process. The criteria for being removed from best and final consideration must be well documented and placed in the bid/contract file.

F. Best and final offers shall be requested in formal writing by the Purchasing Section and a

reasonable time period given to Proposers for making a quality response. Any requested, best and final offer shall be within the scope of the original RFP and used to further identify and clarify specific service/product needs and appropriate pricing requirements based on those further clarified needs. .

Section 11.10 Best and Final Offers; Tied Proposals A. If discussions are conducted pursuant to Section 11.9, “Discussions With Responsible

Proposers and Revisions to Proposal”, the Purchasing Agent shall issue a formal written request for best and final offers. The request shall set forth the date, time and place for the submission of best and final offers. Best and final offers shall be requested only once, unless the Purchasing Agent makes a written determination that it is advantageous to the City to conduct further discussions or change the City's requirements. The request for best and final offers shall inform Proposers that, if they do not submit a best and final offer, their immediate previous offer will be construed as their best and final offer.

B. In the event of tied proposals, the tie shall be broken according to the following determined

by the Director:

1. Best and final offer when determined by the Director to be applicable; or

2. Draw lots. Section 11.11 Mistakes in Proposal Response A. Prior to the time and date set for receipt of best and final offers, any Proposer may

withdraw their best and final offer or correct any mistake by modifying their best and final offer.

B. Proposers submitting a best and final offer, may withdraw a proposal or correct a mistake

after the specified due date, in accordance with Section 10.10, “Mistakes in Bids”. Section 11.12 Contract Award for Request for Proposals

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A. The contract shall be awarded to the Proposer whose proposal is responsive and responsible and determined in writing to be the most advantageous to the City based on the factors set forth in the Request for Proposals. The determination shall explain the basis of the award.

B. If the Contract(s) awarded exceeds the formal procurement limit, each unsuccessful

Proposer shall be notified in writing of the award. C. After contract award or as determined by the Purchasing Agent, the proposals shall be

open for public inspection, except to the extent that the withholding of information is permitted or required by law. If the Proposer designates a portion of the proposal as confidential, disclosure of such portion shall be made in accordance with the following:

1. If a Proposer believes that a proposal contains information that should be withheld,

a statement advising the Purchasing Agent of this fact shall accompany the submission and the information shall be so identified wherever it appears. The information identified by the Proposer as confidential shall not be disclosed until the Purchasing Agent makes a written determination;

2. The Purchasing Agent shall review the statement and information and shall

determine in writing whether the information shall be withheld; and 3. If the Purchasing Agent makes the determination to disclose the information, the

Purchasing Agent shall inform the Proposer in writing of such determination.

ARTICLE 12 FORMAL PROCUREMENT PROCESS – PROFESSIONAL DESIGN SERVICES, CAPITAL IMPROVEMENTS/CONSTRUCTION AND CONSTRUCTION SERVICES

The formal procurement process for professional design services and capital improvements/construction projects utilizes different solicitation documents than the Request for Proposals. A. If the procurement is for professional design services, the Purchasing Agent shall utilize the

Request for Statements of Qualifications solicitation. B. If the procurement is for capital improvements/construction, the Purchasing Agent shall utilize

the Invitation for Bids (IFB) or one of the Alternative Project Delivery Methods, such as Construction Manager At Risk (CMAR), Design Build (DB) or Job Order Contracting (JOC), as deemed appropriate.

C. If any of the Alternative Project Delivery Methods are utilized, the solicitation and contract

award shall be based on “qualifications” or “Best Value” utilizing the Request for Statements of Qualifications (RSOQ).

D. In the event a decision is made by the Purchasing Agent to have a phase 2 of the solicitation

process, a Request for Proposals may be used to include pricing information. Both the Request for Statements of Qualifications and the Request for proposals documents shall include specifications and/or scope of work, and all contractual terms and conditions applicable to the procurement.

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Section 12.1 Request for Solicitation Determination The Purchasing Agent shall determine if the Invitation for Bids or one of the Alternative Project Delivery Methods, followed by a Request for proposals, if there is a phase 2, is more appropriate for the selection of the service or construction with an estimated expenditure exceeding the formal procurement limit. Section 12.2 Request for Issuance of a Formal Solicitation A. The Requisitioner or “End-user” shall electronically submit a requisition referencing the

cost estimate or approved budget for the requested service or construction. B. The Purchasing Agent shall obtain a bid number from the Solicitation Log Book in the

Purchasing Section, provide the description of the purchase or project, the Purchasing Agent assigned and determine the appropriate solicitation document and agreement to be used.

C. The Requisitioner or “End-user” shall provide the specifications and/or scope of work to

the Purchasing Section. Once the solicitation is complete, the Purchasing Agent shall forward to the City Attorney’s office for review before issuance of the solicitation.

Section 12.3 Professional Design Services Professional Design Services are those services that are legally required to be accomplished, reviewed and approved by professionals registered to practice in the State of Arizona and pertain to the following professional services: A. Architect services B. Engineering services C. Assayer services D. Geologist services E. Landscape Architect services F. Land Surveying services

Contracts for these professional design services shall be solicited through a Request for Statements of Qualifications, except as otherwise provided for in Article 18, Sole Source, Article 19, Emergency Purchase, or Article 20, “Procurements From Solicitations by Other Governmental Entities”. The Purchasing Section shall issue the standard Request for Statements of Qualifications document established and approved by the Purchasing Section and the City Attorney’s office. All contracts for professional services referenced above, shall be awarded and administered in accordance with the requirements of A.R.S. Title 34, Public Buildings and Improvements and the appropriate Article or Section of this Procurement Code Manual. The Request for Statements of Qualifications shall be issued at least twenty one (21) days before the closing date and time for receipt of statements of qualifications, unless a shorter time is determined necessary in writing by the Director. In accordance with the Flagstaff City Charter, public notice of the Request for Statements of Qualifications shall be published at least once in the official newspaper, not less than five (5) days prior to the opening of statements of qualifications.

Section 12.4 Capital Improvements/Construction

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A. Capital Improvements is the construction related projects involving the process of building,

altering, repairing, improving or demolishing any public structure or building or other public improvements of any kind to any public real property, which extends the life or increases the productivity of the real property. Construction is the process of building, altering, repairing, improving or demolishing any public infrastructure facility, including public structure, public building, or other public improvements of any kind to any real property. Construction does not include the routine operation, routine repair, or routine maintenance of existing public infrastructures or facilities, including structures, buildings or real property.

B. Contracts for capital improvements/construction shall be solicited utilizing an Invitation for

Bids process or one of the Alternative Project Delivery Methods, except as otherwise provided for in Article 18, “Sole Source” or Article 19, “Emergency Purchase”.

C. The Purchasing Section shall issue the appropriate, selected, solicitation document

established and approved by the Purchasing Section and the City Attorney’s office. D. All contracts for Capital Improvements/construction shall be awarded and administered in

accordance with the requirements of A.R.S. Title 34, Public Buildings and Improvements and the appropriate Article or Section of this Procurement Code Manual.

E. Bidders shall submit subcontractor lists for all subcontracts that are above $5,000. Bids

not in compliance with this requirement shall be deemed non-responsive. Submission of the subcontractor list shall act as Bidder certification that the work shall be performed by either the Bidder or the listed subcontractors. Substitutions may be allowed for reasons including, but not limited to, subcontractor non-responsiveness, insolvency, or any other reason deemed by the Director to be in the best interest of the City.

Section 12.5 Construction Services Construction Services is a combination of construction and one or more related services, such as finance services, maintenance services, operations services, design services and pre-construction services, as these services are authorized in the definitions of Construction Manager at Risk, Design Build or Job Order Contracting as follows: A. Construction-Manager-At-Risk is a project delivery method in which:

1. There is a separate contract for design services and a separate contract for construction services;

2. The contract for construction services may be entered into at the same time as the

contract for design services or at a later time;

3. Design and construction of the project may be in sequential phases or concurrent phases; and

4. Finance services, maintenance services, operations services, preconstruction

services, and other related services may be included. B. Design-Build is a project delivery method in which:

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1. There is a single contract for design services and construction services;

2. Design and construction of the project may be in sequential phases or concurrent phases; and

3. Finance services, maintenance services, operations services, preconstruction

services, design services and other related services may be included.

C. Job-Order-Contracting is a project delivery method in which: 1. The contract is a requirements contract for indefinite quantities of construction; 2. The construction to be performed is specified in job orders issued during the

contract;

3. Finance services, maintenance services, operations services, preconstruction services, design services and other related services may be included; and

4. The project limit shall be set by the Director in accordance with A.R.S. Title 34,

Public Buildings and Improvements. D. Design-Bid-Build is the traditional project delivery method, other than the three (3)

alternative project delivery methods, referenced above, in which:

1. There is a sequential award of two (2) separate contracts; 2. The first contract is for design services;

3. The second contract is for the actual construction;

4. Design and construction of the project are in sequential phases; and

5. Finance services, maintenance services and operations services are not included.

A. Contracts for construction services shall be solicited through a construction-manager-at-

risk, design-build or job-order-contracting selection process utilizing a Request for Statement of Qualifications, except as otherwise provided for in Article 18, “Sole Source” or Article 19, “Emergency Purchase”. The Purchasing Section shall issue the standard Request for Statements of qualifications document established and approved by the Purchasing Section and the City Attorney’s office. All contracts for professional services referenced above, shall be awarded and administered in accordance with the requirements of A.R.S. Title 34, Public Buildings and Improvements and the appropriate Article or Section of this Procurement Code Manual.

The Request for Statements of Qualifications shall be issued at least twenty one (21) days before the closing date and time for receipt of statements of qualifications, unless a shorter time is determined necessary in writing by the Director. In accordance with the Flagstaff City Charter, public notice of the Request for Statements of Qualifications shall be published at least once in the official newspaper, not less than five (5) days prior to the opening of statements of qualifications.

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ARTICLE 13 FORMAL SOLICITATION ADVERTISING A. The Purchasing Agent shall advertise all formal solicitations as follows: 1. IFB- At least one (1) time in a local newspaper of general circulation no less than

five (5) days prior to bid opening. 2. RFP-At least one (1) time in a newspaper of general circulation no less than five

(5) days prior to proposal opening. 3. RSOQ- At least two (2) consecutive times in a newspaper of general circulation no

less than six (6) days apart and no more than ten (10) days apart prior to the statement of qualifications opening. The opening shall not be less than five (5) days from the last advertisement.

B. The requisitioning department shall budget for this required advertising. C. The City web site references all formal solicitation opportunities. D. The Purchasing Section may mail a notice of solicitation and any addendums to persons

listed on the City Bidder’s List and any person requesting the information. Bidnet, Arizona Procurement Technical Assistance Network, Construction News, Dodge, and other resources deemed appropriate by the Purchasing Section may be included in mailing lists for all applicable solicitations. All solicitations listed on the City’s web site are available for downloading. Interested Bidders may subscribe to receive an e-mail based notification of all current solicitation opportunities by downloading and completing a vendor application from the City’s website. The vendor application can be found by going to the City’s website home page, clicking on City Hall, and then Departments, and then Purchasing and then vendor registration and then the link for vendor application.

E. All solicitations may be picked up from the Purchasing Section during normal business

hours. For construction related projects involving plan sets, the City’s Project Manager assigned to the project or a designee within their Division or Section shall be responsible for providing and logging plan sets requested by prospective Proposers.

F. The Purchasing Section shall be responsible for scheduling bid or proposal openings and

required pre-bid or pre-proposal conferences and post award meetings. G. The Purchasing Agent shall determine and coordinate any necessary addendums and

issue any required addendums, receive bids or proposals and conduct bid or proposal openings.

1. Only the Purchasing Section may supply interested persons with official copies of

formal solicitations; and

2. Only a Purchasing Agent may issue a Notice of Award or a Notice to Proceed.

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ARTICLE 14 EVALUATION/SELECTION COMMITTEE FOR MATERIALS, SERVICES, PROFESSIONAL DESIGN SERVICES AND CONSTRUCTION

All vendor responses to formal solicitations that contain evaluation criteria, in addition to price, shall be evaluated and scored by an evaluation/selection committee according to the following: A. The committee shall review and evaluate vendor responses according to the evaluation

criteria referenced in the solicitation document. All committee members shall score each vendor according to the scoring matrix provided by the Purchasing Agent.

Section 14.1 Guidelines for Evaluation/Selection Committee; Selection Process A. Appoint Evaluation/Selection Committee for Materials and Services:

1. The selection of Evaluation Committee members shall be determined, collectively, by the Purchasing Agent and the end-user. The evaluation committee shall consist of at least three (3) people, but preferably five (5) people. For any evaluation committee comprised of more than three (3) members, the committee shall consist of an odd number of members. Committee membership shall be a diverse group familiar with the elements contained in the Scope of Work.

2. Evaluation Committee membership is not restricted to City employees. However,

committee members may not receive compensation, present a proposal, nor be affiliated with a person presenting a proposal.

3. Evaluation Committee members may be required to attend a training session on

the elements of evaluating proposal responses from Proposers and the various elements to be scored, given the evaluation criteria outlined in the solicitation document.

B. Appoint Evaluation/Selection Committee for Professional Design Services:

1. The selection of Evaluation Committee members shall be initiated and determined, collectively, by the Purchasing Agent and the City Project Manager assigned to the project. The evaluation committee shall consist of at least five (5) members, but no more than seven (7) members and shall include at least one (1) member who is a senior management employee of a licensed Contractor and one (1) member who is an Architect or Engineer registered in the State of Arizona. The remaining evaluation committee membership shall be a diverse group familiar with the elements contained in the Scope of Work. A member on the evaluation committee, who is not an employee of the City, shall not be a Contractor under a contract awarded under the procurement or provide any professional services, construction, construction services, materials or other services under the contract.

2. These members may be employees of the City or not an employee of the City.

Members who are not employees of the City, outside Contractors, Architects and Engineers serving on an evaluation committee, are not entitled to receive compensation from the City for performing this service, nor be affiliated with a person submitting a statement of qualifications. However, the City may elect to reimburse members who are not employees of the City, outside Contractors,

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Architects and Engineers for travel, lodging and other expenses incurred in connection with service on an evaluation committee.



C. Appoint Evaluation/Selection Committee for Construction (utilizing a Request for

Statements of Qualifications solicitation):

1. The selection of Evaluation Committee members shall be initiated and determined, collectively, by the Purchasing Agent and the City Project Manager assigned to the project. The evaluation committee shall consist of at least five (5) members, but no more than seven (7) members and shall include at least one (1) member who is a senior management employee of a licensed Contractor and one (1) member who is an Architect or Engineer registered in the State of Arizona. The remaining evaluation committee membership shall be a diverse group familiar with the elements contained in the Scope of Work. A member on the evaluation committee, who is not an employee of the City, shall not be a Contractor under a contract awarded under the procurement or provide any professional services, construction, construction services, materials or other services under the contract.

2. These members may be employees of the City or not an employee of the City.

Members who are not employees of the City, outside Contractors, Architects and Engineers serving on an evaluation committee, are not entitled to receive compensation from the City for performing this service, nor be affiliated with a person submitting a statement of qualifications. However, the City may elect to reimburse members who are not employees of the City, outside Contractors, Architects and Engineers for travel, lodging and other expenses incurred in connection with service on an evaluation committee.



Section 14.2 Guidelines for the Selection of Evaluation Criteria Used in a Solicitation

Advertised as an Invitation for Bids, Request for Proposals or a Request for Statements of Qualifications

A. Evaluation criteria are determined by the Director and the end-user or City Project

Manager. Evaluation criteria shall be objectively measurable and allow for the evaluation, selection and award of a contract in the best interest of the City.

B. All solicitations advertised as a Request for Statements of Qualifications shall include the

evaluation criterion “Value Added Knowledge and Experience” as follows: Value Added Knowledge and Experience (10 points/10%)

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The team hired by the City must be familiar with local community needs, standards, historical challenges, local codes and site conditions. Additionally, the team must be accessible to City staff and citizens (e.g., public hearings, neighborhood meetings and other citizen outreach identified in the Request for Statements of Qualifications) during the contracted design and construction phase of the Project.

1. Resolution of issues may be part of the project work. Describe your response

protocol and how the firm’s Project Manager (or responsible person in charge) will be accessible to City staff and citizens.

2. Explain why your firm is particularly qualified to perform your services in the

Flagstaff area. Demonstrate the Project Manager’s (or responsible person in charge) knowledge of local geology, climate, practices, materials and codes by specifying in the submittal their experience working in the Northern Arizona region or in a region with geology, climate and conditions similar to those of the City of Flagstaff.

a. Briefly describe two of your most recent projects that were performed in the

greater Flagstaff area as defined by the Regional Plan and/or Flagstaff Metropolitan Planning Organization (FMPO) boundaries.

3. During construction what it the response time by a qualified person (decision

making authority) to meet in person and resolve concerns and to accommodate unforeseen issues?

C. The Director may establish a specific weight percentage for each Value Added Knowledge

and Experience sub-section, not to exceed the total 10 points or 10% assigned for all of the Value Added Knowledge and Experience evaluation criterion.

SECTION 14.3. Uniform Administrative Requirements, Cost Principles, and Audit

Requirements for Federal Awards

The non-Federal entity must maintain written standards of conduct covering conflicts of interest and governing the performance of its employees engaged in the selection, award and administration of contracts. No employee, officer, or agent must participate in the selection, award, or administration of a contract supported by a Federal award if he or she has a real or apparent conflict of interest. Such a conflict of interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from a firm considered for a contract. The officers, employees, and agents of the non-Federal entity must neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. However, non-Federal entities may set standards for situations in which the financial interest is not substantial or the gift is an unsolicited item of nominal value. The standards of conduct must provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the non-Federal entity.

ARTICLE 15 CANCELLATION OR REJECTION OF SOLICITATIONS An Invitation for Bids, a Request for Proposals or Request for Statements of Qualifications may be canceled by the Director prior to the solicitation opening. However, all bids, proposals or

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statements of qualifications submitted by a Bidder or proposer may be rejected after the solicitation opening, but the rejection of solicitation shall be approved by City Council as provided in the City Charter. Section 15.1 Solicitation Statement Each solicitation issued by the City shall state that the solicitation may be canceled or bids or proposals rejected in whole or in part. Section 15.2 Cancellation of Solicitation Before Bids or Proposals Are Due A. Before bids or proposals are due, a solicitation may be canceled if the Purchasing Agent

determines that cancellation is advantageous to the City. B. If a solicitation is canceled before bids or proposals are due, notice of cancellation shall

be posted to the City website and sent to all prospective Bidders or Proposers who completed and provided to the Purchasing Section an Acknowledgment of Receipt form when practicable, depending on the number of prospective Bidders who submitted this form. The notice of cancellation shall identify the solicitation and briefly explain the reason for cancellation.

C. Any bids or proposals received by the City for a canceled solicitation shall be returned to

the Bidder or Proposer unopened. Section 15.3 Cancellation of Solicitation After Bids or Proposals Are Due A. After opening of bids or proposals, but before award, a solicitation may be canceled if the

Purchasing Agent determines that cancellation is advantageous to the City. B. A notice of cancellation shall be sent to all Bidders or Proposers submitting bids or

proposals. C. Bids or proposals received shall be placed in a sealed file pending a decision of a rebid of

the solicitation. In the event of a rebid of the solicitation, the file shall remain sealed until an award is made.

Section 15.4 Rejection of All Solicitations A. After receipt, opening and evaluation, but before award, all solicitations may be rejected if

determined to be in the best interest of the City. However, any recommendations for a solicitation to be rejected shall be approved by the City Council.

B. A notice of rejection shall be sent to all Bidders or Proposers submitting bids or proposals. Section 15.5 Procurement Procedural Irregularity The Purchasing Agent shall act to cancel or reject in the event that action is deemed in the best interest of the City due to a procurement procedural irregularity. ARTICLE 16 DETERMINATION OF BIDDER AND PROPOSER RESPONSIBILITY

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A. The Purchasing Agent shall consider the responsibility of any vendor prior to purchasing materials or services from such vendor. The Purchasing Agent shall prepare a written evaluation of a vendor’s responsibility for any procurement for services or materials of $50,000 or more. The evaluation will be placed in the vendor’s file.

B. Factors to be considered in determining if a vendor is responsible include those set forth

below. Any single factor or combination of factors may be grounds for determination of non-responsibility.

1. The vendor’s capacity to do the work, including adequate finances, equipment,

facilities, employees and competing commitments;

2. The competency and responsibility of the vendor’s proposed subcontractors; 3. The vendor’s experience in performing similar work; specifically, for the City, or

other public agency contracts;

4. The vendor’s integrity and record of performance: a. Positive factors include but are not limited to timely completion within

budget, quality of work, prompt resolution of problems, good working relationships and the ability to resolve disputes without litigation or threats of litigation;

b. Negative factors include but are not limited to past contract terminations or

deductions due to failure to perform; termination for cause due to breach; past contract terminations for any reason; failure to comply with the contract; documented poor performance; customer complaints and/or negative references; unresolved disputes with project owners or subcontractors; the lack of ability to resolve disputes without litigation; and litigation without merit. In addition, any of the grounds set forth in Article 30 for suspension or debarment may be considered.

5. The vendor is qualified legally to contract with the City; 6. Whether the vendor has truthfully supplied all information concerning its

responsibility requested by the Purchasing Agent; and

7. Whether the vendor holds any required and active valid State of Arizona license(s) to conduct business or to perform the work proposed.

8. Any other evaluation criteria listed in the solicitation. Examples of other evaluation

criteria include but are not limited to: requirement of a balanced bid, requirement that the bid or proposal identify the percentage and cost of work that each subcontractor will perform and a cap on the total project value that can be completed by subcontractors, or requirement that no work shall be subcontracted.

C. The Purchasing Agent may establish specific responsibility criteria for a particular

procurement. All responsibility criteria shall be listed in the solicitation. The solicitation should specify that “The responsibility of the Bidder will be determined based on factors described in Article 16 of the Procurement Code Manual.

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D. If the Purchasing Agent determines that a vendor is non-responsible, the determination

shall be approved by the Director and in consultation with the City Attorney, shall be in writing and set forth the basis for the determination. A copy of the determination shall be promptly sent to the non-responsible Bidder or Proposer. The Bidder or Proposer may protest the determination by following Article 29, “Protests”, Sections 29.1 through 29.6. If the Director in consultation with the City Attorney determines the Bidder or Proposer is non-responsible, no further administrative remedy is available, as the City will not conduct a hearing. The Bidder or Proposer has no due process right to a hearing, but may have the right to file a special action, see Grand Canyon Pipelines, Inc. v. City of Tempe, 816 P.2d 247 (Ariz. App 1991). The final determination shall be made part of the procurement file.

E. If a contractor desires to substitute a subcontractor at any time after contract award, the

Director shall evaluate the competency and responsibility of the proposed new subcontractor. The contractor shall submit complete information to the City and the City shall not be liable for any damages for project delays resulting from such substitution. The City reserves the right to reject substitution of contractors where the contractor was selected in part due to the unique and special skills or knowledge of such subcontractor and if the solicitation clearly provides that the City may reject substitution of such subcontractor.

Section 16.1 Request for Review of Responsibility A. In the event a Purchasing Agent has cause to question the responsibility of the low Bidder

or highest scoring Proposer, a formal letter shall be sent to the Bidder or Proposer containing all information available, including the specific areas where responsibility evidence is desired. In the event the low bid appears to be underbid, unbalanced or not financially viable, the Purchasing Agent may require the low Bidder to provide an accounting, showing that the work can be completed at the bid price.

B. Information supplied by the Bidder or Proposer shall be evaluated by the Purchasing

Agent. C. In the event the Bidder or Proposer is determined non-responsible, the Bidder or Proposer

shall be notified in writing of the decision. ARTICLE 17 COST OR PRICING DATA A. The submission of current cost or pricing data may be required in connection with an

award in situations in which analysis of the proposed price is essential to determine that the price is reasonable and fair. A Bidder or Proposer shall, when requested, submit current cost or pricing data and shall certify that, to the best of the Bidder’s or Proposer’s knowledge and belief, the cost or pricing data submitted is accurate, complete and current as of a mutually determined specified date.

B. This certification may also be requested to substantiate requests for price adjustments for

contracts with options to extend and any contract modification or change order. C. This certification may also be requested to substantiate requests for cost reimbursements

pursuant to the specific terms and conditions contained in a City contract.

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Section 17.1 Reimbursement Provisions for reimbursement of costs shall, where applicable, be included in the terms of the contract and it shall be required that written approval of the Procurement Agent be obtained by the Bidder or Proposer prior to incurring costs to be reimbursed. ARTICLE 18 SOLE SOURCE A. A contract may be awarded for a material, service or construction without competition if

the Purchasing Agent determines in writing that there is only one source for the required material or service. The Director may require the submission of cost or pricing data in connection with an award under this section. Sole source procurement shall be avoided, except when no reasonable alternative sources exist. The written determination of the basis for the sole source procurement shall be included in the contract file.

B. The Purchasing Agent shall negotiate with the sole source Bidder or Proposer, to the

extent practicable, a contract advantageous to the City. C. Sole Source purchases authorized by the Purchasing Agent, which exceed the formal

procurement limit, shall be awarded pursuant to Article 26, “Award of Contract”. Section 18.1 Sole Source Procurement, Evidence Request A. Sole Source procurement shall not be used unless there is clear and convincing evidence

that there is only one source as determined by the Purchasing Agent. B. In the event a Department or Division requests a Sole Source procurement, written

evidence and report of research to support the request shall be provided to the Purchasing Agent.

1. A Department or Division, requesting a sole source procurement, is required to

complete and submit the Sole Source, Proprietary and Emergency Procurement Request form, which is reviewed by the Purchasing Agent handling the procurement.

2. The sole source procurement is approved if the Purchasing Agent determines that there is sufficient research and justification to support clear and convincing evidence that there is only one (1) known source that is able to provide the material good or service.

3. When processing a sole source procurement, the Purchasing Director may require that some form of public notification of the City’s intent to sole source A Procurement be posted on the electronic bid and proposal website utilized by the City to advertise solicitations.

C. Negotiations involving Sole Source purchases shall not commence until the Purchasing Agent has approved the Sole Source purchase.

Section 18.2 Sole Source Justification

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A. Justification for sole source purchases, at five thousand and one dollars ($5,001) and greater, are required.

B. The Purchasing Agent shall approve, prior to any negotiation, any Sole Source purchase

over five thousand dollars ($5,000) pursuant to Section 18.1, “Sole Source, Evidence Request”.

C. A sole source agreement at five thousand and one dollars ($5,001) and up to forty nine

thousand nine hundred and ninety nine dollars ($49,999) may be approved by the Director for a period up to five (5) years based on City requirements and market conditions. A sole source agreement at fifty thousand ($50,000) and greater, shall be approved by City Council for a period up to five (5) years.

ARTICLE 19 EMERGENCY PURCHASE A. Notwithstanding any other provision in this Procurement Code Manual, the Director may

make or authorize others to make emergency procurements if there is a threat to public health, welfare, or safety or if a situation exists which makes compliance with the procurement process specified in Articles 10, “Formal Procurement Process—Invitation For Bids”, Article 11, “Formal Procurement Process—Request For Proposals” and Article 12, “Formal Procurement Process—Professional Design Services, Capital Improvements/Construction And Construction Services” contrary to the public interest. Emergency procurements shall be made with such competition as is practicable under the circumstances.

B. A written determination of the basis for the emergency and for the selection of a particular

Bidder or Proposer shall be included in the contract file.

1. A Department or Division requesting an emergency purchase is required to complete and submit the Sole Source, Proprietary and Emergency Procurement Request form, which is reviewed by the Purchasing Agent managing the Emergency Purchase.

2. The emergency purchase is approved if the Purchasing Agent determines there is sufficient research and justification to support clear and convincing evidence that an essential departmental operation affecting the public health, welfare or safety would be greatly hampered if the prescribed formal or informal purchasing procedure would cause an undue delay in procurement.

D. Emergency purchases authorized by the Director which exceed the formal procurement limit, shall be reported to the City Council, as a confirming payment.

Section 19.1 Conditions for Emergency Purchase An emergency shall be deemed to exist if: A. There is a great public calamity; B. There is immediate need to prepare for national or local defense; C. There is a breakdown in machinery or an essential service which requires the immediate

purchase of supplies or services to protect the public health, welfare or safety; or

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D. An essential departmental operation affecting the public health, welfare or safety would

be greatly hampered if the prescribed formal or informal purchasing procedure would cause an undue delay in procurement of the needed item or service.

Section 19.2 Emergency Purchase Procedure A. If the emergency occurs during Purchasing Office hours, the requesting department shall

contact the Director or a Purchasing Agent who shall procure or authorize the procurement of the necessary materials, services or construction and fully document the purchase.

B. In the event the emergency occurs after Purchasing Office hours, any City employee may

make any necessary procurement after receipt of authorization from the Department's or Division’s Manager or Supervisor.

1. By the next working day, a full report of the circumstances of the emergency

purchase shall be made by the person making the purchase. The report shall be filed with the Director for inclusion in the appropriate Purchasing records; and

2. If the purchase exceeded the formal bid limit, the Director and the City employee

who made the emergency purchase, shall seek approval of the purchase from the City Council as a confirming payment.

ARTICLE 20 PROCUREMENTS FROM SOLICITATION BY OTHER GOVERNMENTAL

ENTITIES The City may enter into contracts for the procurement of materials, services or construction pursuant to specifications, solicitations or contracts issued by other governmental entities. Such purchases shall conform to state procurement statutes and the Purchasing Agent involved shall conduct due diligence and conclude that the solicitations or contracts issued by other governmental entities conform to the purpose and spirit of this Procurement Code Manual. Section 20.1 Existing Contracts A. When making a purchase that conforms to the purpose and spirit of this Procurement

Code Manual and the purchase exceeds the City’s formal bid limit, the Director shall place a written justification for the use of a contract issued by another governmental agency in the City's contract file, provided the Bidder or Proposer is willing to extend the contract to the City and the Purchasing Agent and the requesting Division obtains City Council approval prior to making the purchase.

B. The Purchasing Agent shall execute a Purchase Order or Notice of Award referencing the

applicable contract of the soliciting entity. Section 20.2 Joint Solicitations A. When the City intends to purchase materials or services with another governmental

agency through a contract with that agency and the selected Bidder or Proposer, the City may participate in any solicitation issued by that governmental agency provided:

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1. The Procurement Officer of the other governmental agency invites the participation or responds positively to a request by the City to participate;

2. The terms and conditions of the lead agency’s solicitation have been reviewed by

the Purchasing Agent and the City Attorney’s office and determined to be advantageous to the City; and

3. The procurement process governing the solicitation substantially conforms to the

purpose and spirit of this Procurement Code Manual. B. Another governmental agency may join in any formal solicitation issued by the City

provided: 1. The governmental agency will be a party to the contract which the City and the

selected Bidder or Proposer will enter into; and 2. The participation is not found by the Director to be disadvantageous to the City.

C. The provisions of this joint solicitation rule do not apply to the City’s participation in

solicitations conducted by, but not limited to, the following governmental entities or groups of governmental entities: The Flagstaff Alliance For The Second Century, the State of Arizona, Mohave Educational Services Cooperative, the Western States Contracting Alliance (WSCA), U.S. Communities and the Strategic Alliance for Volume Expenditures (SAVE). Participation in these procurements will continue to be subject to the terms and conditions specified in their respective contracts.

Section 20.3 Cooperative Purchasing Contract Awards Cooperative purchasing contracts shall be awarded as specified in Article 26, “Award of Contract”. Section 20.4 Purchases From Existing Contracts A. The Director or Purchasing Agent and the Requesting Division shall determine,

collectively, whether using an existing contract from another governmental entity would be in the best interest of the City.

B. The terms and conditions of the selected governmental entity’s solicitation have been

reviewed by the Purchasing Agent and the City Attorney’s office and determined to be advantageous to the City.

C. The Director or Purchasing Agent shall make the purchase according to all applicable

sections within this Procurement Code Manual. Section 20.5 Request for Joint Solicitation A. The Requesting Department shall request, in writing to the Director, participation in a joint

solicitation.

1. Written request shall include the volume and estimated value of the purchase, which agency is to conduct the solicitation, and benefit to the City for the joint solicitation; and

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2. Upon written approval, by the Director, the City's Requesting Department shall

coordinate with the other entity the preparation of specifications. B. The procurement activity shall be conducted or coordinated by the Director or Purchasing

Agent whether the City is the lead agency, or another governmental entity is the lead agency.

Section 20.6 Commitment to Purchase or Participate The Director or Purchasing Agent, in conjunction with the requesting Division, shall determine if it is advantageous for the City to a purchase pursuant to a contract issued by another governmental entity or to participate in a joint solicitation with another governmental entity. ARTICLE 21 BID AND CONTRACT SECURITY The submission of security to guarantee faithful bid and contract performance may be required. In determining the amount and type of security required for each contract, the Director shall consider the nature of the performance and the need for future protection for the City. The requirement for security must be included in the solicitation documents. Section 21.1 Bid Bond The Purchasing Agent shall determine, on a case by case basis, the need for Bid Security and the amount in order to protect the interest of the City, except where specifically required by A.R.S., Title 34, Public Buildings and Improvements. A. If required by A.R.S., Title 34, Public Buildings and Improvements, the security shall be in

the form of a bid bond issued by a company authorized to issue surety bonds in the State of Arizona or a Cashier's Check made payable to the City of Flagstaff in the amount of ten percent (10%) of the vendor’s total bid.

B. Bid Security shall be returned to all but the two lowest responsible and responsive Bidders

or Proposer within ten (10) days after the opening of bids, and the remaining securities returned within three (3) days after the execution of the contract.

Section 21.2 Performance and Payment Bonds The Purchasing Agent shall determine, on a case by case basis, the need for a Performance and/or Payment Bond and the amount in order to protect the interests of the City, except where specifically required by A.R.S., Title 34, Public Buildings and Improvements. A. If required by A.R.S., Title 34, Public Buildings and Improvements, the security shall be in

the form of a Performance Bond or Payment Bond issued by a person authorized to issue surety bonds in the State of Arizona, or upon approval of the Director, secured Cashier's Check made payable to the City of Flagstaff in the amount of one hundred percent (100%) of the vendor’s total bid. Individual or personal sureties will not be allowed.

B. The contract number and dates of performance must be clearly indicated in the Bond.

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C. The Director may consider other forms of Performance and Payment guarantee, depending on the project, with the concurrence of the City’s Risk Manager and the City Attorney’s office.

Section 21.3 Collection of Bid Bonds The Purchasing Agent shall notify vendors/contractors, in writing, who fail to execute required contracts of their bond forfeiture and shall act to collect the bond amount if a surety was posted. Section 21.4 Enforcement of Performance Bond A. The Purchasing Agent shall notify vendors/contractors, in writing, who fail to provide

performance bonds of their default, initiate action to award to second low Bidder or re-bid. B. The City’s Project Manager or Purchasing Agent shall notify the Director and the City

Attorney’s office of any performance deficiency in order that the City may initiate a claim against the performance bond in the event the deficiency cannot be resolved with the vendor/ contractor.

ARTICLE 22 MULTI-TERM CONTRACTS A. Unless otherwise provided by law, a contract for materials or services may be entered into

for a period of time up to five years, as deemed to be in the best interest of the City, if the term of the contract and conditions of renewal or extension, if any, are included in the solicitation and monies are available for the first fiscal year period at the time of contracting. A contract may be entered into for a period of time exceeding five years if the Director determines in writing that such a contract would be advantageous to the City and the City Council approves the contract term.

B. Multi-term contracts shall contain provisions for cancellation by the City in the event funds

are not appropriated for the continuance of the contract. Section 22.1 Determination for Contract Periods Over 5 Years A. Written requests for contracts exceeding five (5) years shall justify the advantage to the

City and indicate why more frequent competition is not practicable. Section 22.2 Establishment of Contract Period A. The Director and requesting department shall determine the appropriate contract period

based on market conditions, nature of the material or service, and applicable Contract Administration factors.

B. Contracts due to expire prior to a formal solicitation for a new term contract award may be

extended on a month to month basis, approved by the Director, to maintain organizational service levels until a new formal solicitation can be conducted and a new contract awarded.

Section 22.3 Authority to Renew

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A. The Purchasing Director shall have authority to renew a contract if the original contract, approved by City Council, contains a provision that allows for contract renewals upon mutual agreement of both parties and the Purchasing Director has determined in writing that the vendor is not in breach of contract and is performing satisfactorily.

ARTICLE 23 RIGHT TO INSPECT; AUDIT A. Right to inspect. The City may, at reasonable times, inspect the place of business of a

contractor or any subcontractor which is related to the performance of any contract awarded or to be awarded by the City.

B. Right to Audit. The City may at reasonable times and places, audit the books and records

of any person who submits cost or pricing data to the extent that the books and records relate to the cost or pricing data, or audit the books and records of any person under any contract to the extent that the books and records relate to the performance of the contract. Any person who receives a contract, change order or contract modification for which cost or pricing data is required shall maintain the books and records that relate to the cost or pricing data for three (3) years from the date of final payment under the contract, unless a shorter period is otherwise deemed appropriate by the Director.

ARTICLE 24 CONTRACT PROVISIONS AND AMENDMENTS A. The Director and the City Attorney’s office shall require inclusion in all contracts various

provisions regarding appropriate remedies, time of performance, insurance, assurance, price increase limits, options to renew, cost reimbursement and any other terms and conditions, considered to be protective clauses and advantageous to the City.

Section 24.1 Standard Provisions The Director and the City Attorney’s office shall prepare and make available standard contract language for contracts subject to this Procurement Code Manual and State of Arizona statutory requirements. Any modification, deletion, or addition to established contract language shall only be made with the prior approval of the Director and City Attorney’s office. Section 24.2 Effective Dates All contracts shall state an effective date, initial term of the contract and any contract renewal options after the initial contract term expires and, if applicable, performance dates or notice requirements for implementation date. Section 24.3 Contract Review Process A. All contracts shall be reviewed by the Purchasing Agent and the City Attorney’s office prior

to issuance of a solicitation or execution by the Bidder or Proposer for the purpose of including all applicable contract provisions advantageous to the City.

B. When deemed appropriate, the Director may also require review and approval by other

City Staff.

Section 24.4 Contract Preparation Process

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A. All contracts shall be referenced by a number assigned by the Procurement Agent. B. Contracts shall be awarded according to Section 26.1 “Notice of Intent to Award”. C. Formal contracts, at minimum, shall be prepared and signed in triplicate. The successful

Bidder or Proposer shall sign the contract first, whenever possible. The contract shall then be routed using a “Document Tracking” form to the City Attorney’s office for an Attorney’s signature and then routed to the City Clerk’s office for signature by the City Manager or Mayor, as appropriate, and then signed by the City Clerk. The distribution of signed contracts shall be as follows: one (1) original copy to the Bidder or Proposer, one (1) original copy to be put in the solicitation file within the Purchasing Section and one (1) original copy to the City Clerk’s office.

Section 24.5 Contracts to be Maintained by the City Clerk A. A copy of all original signed contracts, including any associated amendments, shall be

forwarded to the City Clerk who shall assign a contract number and maintain all City wide contracts.

Section 24.6 Contract Amendments Contracts may be amended if the Director, end-user and the City Attorney’s office determines, in writing, that such modification is advantageous to the City, except contracts originally awarded by the City Council may be amended only with the approval of the City Council, unless the amendment is to provide necessary clarification, provided by the Director and City Attorney’s office, to eliminate varying interpretation. A. Amendments to contracts shall include signatures of all parties signing the original

contract, except where personnel changes have been made to authorized agents of a business entity or the positions of authority within the City. Contract amendments shall be drafted or reviewed by the Purchasing Section and the City Attorney’s office prior to signing by the vendor.

B. Amendments that increase the total expenditure commitment from the informal to formal

procurement limit are subject to approval through the formal contract award process as required in Section 26.1 “Notice of Intent to Award”.

C. Contract amendments shall not alter the terms and conditions or scope of work to the

extent that, had the contract been bid in the modified state, the resulting low Bidder could have changed, or to the extent that the bid participation could reasonably have been expected to have increased.

Section 24.7 Contract Amendment Preparation A. Contract amendments shall be prepared in triplicate, using the standard format provided

by the Director, and shall be numbered the same as the original contract and routed in accordance with the same procedures outlined in Section 24.3, “Contract Preparation Process”.

B. Contract amendments shall be signed by all parties signing the original contract.

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Section 24.8 Contract Amendment Process A. Changes not within the context of the original scope of work may not be accomplished

with a change order, but shall require a Contract amendment and City Council approval if the contract amount is at or higher than the formal procurement limit of $50,000.

B. Contract amendments shall be reviewed and approved prior to the signing by the vendor

in the following sequence:

1. Purchasing 2. City Attorney’s Office 3. City Council (If contract amount is at or higher than $50,000)

C. A copy of any contract amendment shall be sent to the Purchasing Office for inclusion in

the procurement file. When applicable, a memo citing the original Purchase Order number shall be attached to the modification to authorize increase/decrease to the encumbrance by the amount needed to meet the new contractual commitment.

ARTICLE 25 CHANGE ORDERS A. Change Orders

The City of Flagstaff recognizes the need for City staff to review and approve change orders; task orders that exceed the City Council approved contract amounts; field orders that exceed the authorized limits; and purchase orders for capital projects that exceed the established limit in the City Procurement Code Manual.

The purpose of the Change Order Committee shall have authority to:

1. Review and recommend to City Council approvals, modifications, or disapprovals of

design and construction change orders exceeding the time and/or dollar contractual amounts approved by the City Council;

2. Review and approve individual task orders for on-call consultant services that exceed

$100,000 or 365 calendar days; 3. Review and approve field orders that exceed $100,000 or 60 calendar days; 4. Review and recommend to City Council approval of dollar and time amounts for

engineering studies, feasibility studies, reports, contracts, and purchase orders for capital projects that exceed the amount approved by the City Council or that exceed the purchasing limits, as outlined in this Procurement Code Manual; and

5. Review anticipated purchases by the City that require approval as determined by the

City Manager, City Attorney, or City Director. Section 25.1 Change Order Process A change order shall be in written form for any and all changes in the contract’s time, conditions or compensation. This written change shall be submitted to the Change Order Committee.

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A. Exception 1 – A Field Order, which is a written and limited change order that is issued under the Contract Allowance provision, does not require Change Order Committee action.

Staff shall have the following field order authorities: Project Manager - $10,000 and 10 calendar days. Section Head - $25,000 and 30 calendar days. Division Head - Full contact allowance amount and 60 calendar days.

Field Orders that exceed $100,000 or 60 calendar days require the Change Order Committee to approve the field order. The Change Order Committee can approve extensions with a “no time limit” cap, if it is a no cost change.

B. Exception 2 – A Task Order, which is a written and limited order for a scope of work and is issued under the “On-Call” Consultant Contract, does not require Change Order Committee action.

Staff shall have the following Task order authorities: Project Manager - $10,000 and 10 calendar days. Section Head - $25,000 and 60 calendar days. Division Head - Contact allowance, up to $100,000 and 120 calendar days.

Task Orders that exceed $100,000 or 120 calendar days require the Change Order Committee to approve the task order. The Change Order Committee can approve extensions with a “no time limit” cap, if it is a no cost change.

C. Contractor may proceed with approved work only upon receipt of a fully executed Change

Order and direction of the Purchasing Agent or Project Manager. Due to extenuating circumstances, confirming change orders are allowed upon Director and Project Manager approval.

D. Change Orders that increase the total expenditure commitment from the informal to formal

procurement limit are subject to approval through the formal contract award process as required in Section 26.1 “Notice Of Intent To Award”.

E. No change order(s) shall exceed 25% of the original contract amount of a professional

services contract, 15% of the original contract amount of a construction project, 25% of the original contract amount for all other types of contracts OR $50,000; whichever is greater without Council approval.

F. The City’s Project Manager shall be responsible for routing of the change order form and

obtaining Contractor approval. One (1) original of the completed and approved Change Order(s) shall be included in the contract file maintained by the Purchasing Agent. Copies shall be sent to Purchasing immediately after all applicable reviews and approval.

G. A copy of any Change Order shall be sent to the Purchasing Office for inclusion in the

procurement file. When applicable, a memo citing the original Purchase Order number shall be attached to the Change Order to authorize increase/decrease to the encumbrance by the amount needed to make the new contractual commitment.

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Section 25.2 Change Order Conditions A. Contract Allowance - Contract allowances of 5%, 7.5% or 10% will be added to all design

and construction contracts. The allowance is based on the engineer’s estimate and will be included in design contracts for recommendation of award by City Council. The allowance will also be included in the bid for construction contracts for recommendation of award by City Council.

Contract amount* Contract Allowance over $1,000,000 in value allowance of 5%; from $999,999.99 to $250,000 allowance of 7.5% from $249,999.99 or lower allowance of 10%.

B. Administrative Change Orders - A ten-percent (10%) Administrative Change Order (ACO)

amount may be included in all design and construction contracts to be considered by the City Council. The ACO amount is 10% of the total contract less the Contract Allowance amount. The ACO shall not exceed $500,000.

Administrative Authorization

Contract Amount

Allowance Administrative CO. Total Total Percentage

$12,000,000 5,000,000 1,000,000 500,000 100,000

$600,000 250,000 50,000 37,500 10,000

$500,000 500,000 100,000 50,000 10,000

$1,100,000 750,000 150,000 87,500 20,000

9.2% 15.0% 15.0% 17.5% 20.0%

Task order – These are authorized scopes of engineering/design work issued to consultants who have approved on-call contracts with the City.

Section 25.3 Change Order Membership The Change Order Committee Members will consist of the following:

1. Public Works Director or designee 2. Utilities Director or designee 3. City Attorney or designee 4. City Engineer or designee 5. Purchasing Director or Purchasing Agent

A. The City Manager shall designate a Chair who shall preside over all the meetings, establish

agendas, and distribute meeting minutes. B. The Change Order Committee meets as necessary on Thursdays (as necessary) at 7:15

a.m. (during summer work hours) and 8:15 a.m. (during winter work hours) in the Council Conference Room.

C. An electronic copy of all change orders must be submitted to the Committee Chairperson

by noon on Monday to be scheduled for the following Thursday’s meeting.

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D. Three original change orders, signed by the Project Manager and Department Head shall

be given to the Committee Chairperson after the change order has been approved. The Committee Chairperson will obtain all other necessary signatures including the contractor or consultant and distribute copies to the Project Manager.

ARTICLE 26 AWARD OF CONTRACT The City Council shall award all contracts for materials, services and construction that meet or exceed the formal procurement limit as set forth in Article 7(B), “Formal Procurement Limit.” The Purchasing Director shall award all contracts less than the formal procurement limit. Section 26.1 Notice of Intent to Award A. Contracts requiring Council award shall be summarized in a staff summary and posted for

at least five days on the City’s website prior to award.

1. After Council award, Purchasing shall issue a Notice of Award, along with any associated supplemental Agreement. The Notice of Award shall require that all applicable documents (e.g., insurance certificates, performance and payment bonds and signed Agreement) be submitted to the City within ten (10) days.

2. The Purchasing Agent shall issue a Notice to Proceed for construction and service

contracts upon receipt of the, insurance certificates, signed agreement and any applicable bid, performance and payment bonds.

ARTICLE 27 SPECIFICATION GUIDELINES The Director shall establish guidelines governing the review and approval of specifications for materials, services and construction required by the City as secured through the formal or informal procurement process. Section 27.1 Content of Specifications The Director shall establish guidelines governing the content of specifications used in City procurements to ensure adequate competition. Section 27.2 Samples/Demonstrations A. Samples of materials, when required during the solicitation process, shall be submitted in

accordance with the instructions in the solicitation. B. Samples shall be furnished, free of charge, to the City submitted with the solicitation and

must be accompanied by descriptive memorandum. C. Bid samples may be held for comparison with deliveries pursuant to a contract award. D. Samples will be returned according to the time frame included in the solicitation at the

Bidder’s risk and subject to his expense. The City will not reimburse the vendor for any expendable/consumable items that were consumed during the bid evaluation process.

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Section 27.3 Specification Approval The Purchasing Agent retains the authority to approve or disapprove all specifications to be used in a solicitation. Section 27.4 Specifications Guidelines

A. A specification may provide alternate descriptions of materials, services, or construction

items where two or more design, functional, or performance criteria will satisfactorily meet the City's requirements.

B. To the extent practicable, a specification shall not include any solicitation term or condition,

or any contract term or condition. C. To the extent practicable, if a specification for a common or general use item has been

developed, or a qualified products list has been developed for a particular material, service, or construction item, it shall be used.

D. To the extent practicable, specifications shall emphasize functional or performance

criteria. When using performance specifications all brands bid shall be evaluated after receipt of bids to determine those meeting specifications.

E. To the extent practicable, specifications shall be written as minimum standards. F. Unless otherwise specifically stated in the solicitation, any equipment or materials

specified shall be standard, new, and state-of-the-art in quality and design, and shall comply fully with all applicable federal and Arizona laws and regulations.

Section 27.5 Maximum Practicable Competition; Brand Name or Approved Alternate;

Qualified Products List A. Maximum Practicable Competition. All specifications shall seek to promote overall

economy for the purposes intended and encourage competition in satisfying the City's needs and shall not be unduly restrictive. 1. To the extent practicable and unless otherwise permitted by this section, all

specifications shall describe the City's requirements in a manner that does not unnecessarily exclude a specific material, service or construction item.

2. Proprietary or brand name specifications shall not be used unless the Director

determines in writing that such specifications are required and demonstrate technological justification and that it is not practicable or advantageous to use a less restrictive specification.

3. To the extent practicable, the City shall use accepted commercial specifications

and shall procure standard commercial materials and avoid proprietary specifications whenever practicable.

B. Brand name or approved alternate. A brand name or approved alternate specification

shall only be used when the Director determines in writing that use of a brand name or

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approved alternate specification is advantageous to the City and the solicitation provides for the submission of equivalent products. The solicitation document shall state that “the City reserves the right to determine what is considered an equivalent product.”

1. A brand name or approved alternate specification shall designate as many different

brands as are practicable or approved alternate specifications.

2. A brand name or approved alternate specification shall include a description of the particular design, functional, or performance characteristics that are required, unless the Director determines in writing that the essential characteristics of the brand names designated in the specifications are commonly known.

3. A solicitation that uses a brand name or approved alternate specification shall

explain that the use of a brand name is for the purpose of describing the standard of quality, performance, and characteristics desired and is not intended to limit or restrict competition. The solicitation shall state that products substantially equivalent to those brands designated shall qualify for consideration.

C. Qualified products list. A qualified products list may be prepared and utilized, if the

Purchasing Agent determines in writing that testing or examinations of the material or construction items prior to the issuance of the solicitation is desirable or necessary in order to best satisfy the City's requirements. As many potential suppliers as practicable shall be solicited to submit products for testing and examination to determine acceptability for inclusion on a qualified products list. Any potential supplier, even though not solicited, may offer its products for consideration in accordance with the schedule or procedure established for this purpose. The qualified products list shall not be modified after the solicitation is issued.

Section 27.6 Inspections and Tests A. The inspection or testing of any material to verify specification adherence or qualify for a

products list, shall be performed in a manner established on a case by case basis. B. If testing is required, the requirements shall be included in the solicitation. C. The City reserves the right to require testing or inspection by a recognized testing

laboratory or consultant selected by the City. D. The cost of testing or inspection shall be borne by the Bidder submitting a bid for the

products the City is requesting. Section 27.7 Proprietary Specifications Proprietary specifications are not justified by past success in performance, the inconvenience of writing specifications, or the desire to maintain a single brand that is not supported by technological justification. Section 27.8 Product Testing Guidelines City Staff may test materials or services in a manner agreed upon with the material or service supplier provided the following guidelines are applied:

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A. City Staff is not required to test solely for supplier’s benefit; B. City Staff may not accept materials for testing unless those materials have been

purchased through purchasing procedures provided by this Procurement Code Manual; C. Any testing shall be at the direction and convenience of City staff; D. The City's name may not be used by any person in connection with any advertising sale,

or promotion of any product tested by the City staff; and E. Any materials testing shall be pursuant to industry standard testing of materials and a

written testing agreement shall be in place between the City and the supplier. The Director must be notified of all testing agreements prior to commencement of testing.

Section 27.9 Specifications Prepared by Architects; Engineers; Consultants All specifications prepared for City contracts shall seek to promote overall economy for the purposes intended and encourage competition in satisfying the City's needs and shall not be unduly restrictive. In the event that suitable specifications cannot be developed by City staff, the Director may retain a specification consultant for the purpose of assisting with the writing of the specifications. The consultant shall be selected pursuant to either Section 7.1, “Informal Procurement Process”, or Article 11, “Formal Procurement Process—Request for Proposals”. Section 27.10 Preparation of Specifications by Persons Other than City Personnel A. The City may contract for the preparation of specifications with persons other than City

personnel including, but not limited to, consultants, architects, engineers, designers, manufacturers, and others.

B. The requirements of Article 27, “Specifications Guidelines” shall apply to all specifications

prepared by vendors, including, but not limited to, those prepared by consultants, architects, engineers, designers, and other draftsmen of specifications for public contracts. Contracts for the preparation of specifications by other than City personnel shall require the specification writer to adhere to such requirements.

C. The preparer of specifications is not eligible to submit a bid or proposal on the solicitation

for which the specification was prepared nor is the preparer eligible to supply any product to a Bidder or Proposer on the solicitation for which the specification was prepared; provided however, the Director may make an exception to this provision when justified by the business practices of the applicable industry or it is otherwise in the best interest of the City. The Purchasing Agent shall place in the solicitation file, a written determination, including all relevant facts in any case where an exception is made.

D. The terms and conditions of contracts for preparation of specifications shall reference the

rule in Subsection C above. Section 27.11 Recycled and energy consumptive materials; life cycle costing; environmental procurement.

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Guidelines shall be established governing the review and approval of specifications for the procurement of selected materials based on considerations of recycling, energy conservation, life cycle costing and other environmental considerations. Section 27.12 Environmental/Sustainable Procurement Policy A. A Sustainable Purchasing Policy, hereinafter referred to as Policy, has been established

to ensure the procurement of products and services that reduce the consumption of resources and the production of waste, minimize adverse health effects and reduce costs to the City. The principles of the Policy are rooted in resource efficiency, life cycle perspective, and pollution prevention. Resource efficiency incorporates preference to reusable content and recycled materials over virgin materials, as well energy and water conservation. Life cycle perspective considers the environmental impact of a product or service over its lifetime (raw material extraction, manufacturing, packaging, transport, energy consumption, maintenance and disposal). Pollution prevention incorporates processes and practices that prevent the creation of pollution and wastes, rather than managing these after they have been created. The Policy requires the City to: 1. Strongly promote the purchase and use of materials, products and services that

are fiscally responsible, reduce resource consumption and waste, promote local business opportunities, and promote human health and well-being.

2. Minimize the consumption of non-replaceable natural resources by reviewing

current and proposed future usage and evaluating the pros and cons of alternatives.

3. Maximize the reuse and recycling of materials. Require a minimum 50% post-

consumer waste recycled content for paper. Require recyclability of products in compliance with the City’s recycling program, reusability, and performance consistent with City standards to the extent practicable.

4. Use and require contractors and consultants to use products manufactured with

maximum practical amount of recovered material, especially post-consumer material.

5. Stimulate demand for products and services supporting the Policy by letting

manufacturers and suppliers know the performance the City expects.

B. The Sustainability Program staff shall provide support to Purchasing and Division Staff in their efforts to meet the requirements of the Policy.

C. Procedures and Guidelines may be established as necessary to ensure the continuation of a strong Sustainable Procurement Program.

ARTICLE 28 DISPOSITION OF SURPLUS PERSONAL PROPERTY A. Surplus Personal Property Disposition

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The City Council or designee, may sell, trade, transfer between offices, Divisions or otherwise dispose of surplus personal property pursuant to Article 8, “Contracts”, Sections 4, “Transfer and Sale of property Within City Government”, and Section 10, “Sale of City Property”, number 1 and 3 of the Flagstaff City Charter. Each sale shall be made to the highest responsible Bidder after published notice of the sale in accordance with the following schedule: 1. Informal Process: Personal property having a value of $500.00 or less may be sold

without published notice, but written advice of such sale or disposal shall be given to the City Council.

2. Formal Process: Personal property valued in excess of $500.00 shall be sold after

published notice of the sale for at least once, but not less than five (5) days prior to the published notice. .

2.1 All personal property disposition under a formal process, shall be sold by

public on-site auction, public on-line bidding process or through a formal competitive sealed bid sale process.

2.2 Any surplus property shall be sold through a formal competitive sealed bid

sale, when it is more advantageous to the City than holding it for public on-site auction or public on-line bidding.

2.3 All formal sealed bid sales shall be conducted in a manner substantially

similar to the procedures established in Article 10, “Formal Procurement Process—Invitation For Bids” and shall include a description of the property for sale and all terms and conditions applicable to the sale.

2.4 Public notice of any sealed bid sale shall be published at least once in the

official newspaper, not less than five (5) days prior to the opening of the bids.

2.5 Any surplus property sold under this formal competitive sealed bid sale

process, shall be sold to the person making the highest responsive, responsible, offer most advantageous to the City.

Property seized during the course of a police investigation shall not be subject to this Procurement Code Manual until such time as any State and Federal laws have been complied with and the property is declared surplus by the Police Department.

B. Declaration Regarding Surplus Property

The disposition of all City owned surplus property shall be determined and handled by the City’s Central Warehouse. Divisions shall be responsible for property in their possession and as necessary, may declare such property as surplus and shall complete a surplus property form with all required signatures. This form is available on the City of Flagstaff CityNet and shall accompany all items taken to the Warehouse as surplus property and need to reflect whether the item(s) are operational or not, so the information can be given to Bidders.

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Section 28.1 Organizational Need Prior to pursuing any method for disposal of surplus property, the Division or end-user shall first determine that it is of no use to any other Division. Divisions shall review inventories of personal property to determine the existence of excess or obsolete items that could be declared surplus property and shall notify the Central Warehouse Manager. Section 28.2 Surplus Property Listing A listing of surplus property shall be maintained by each Division and such property shall be transferred between Divisions as needed prior to any other disposition method handled by the Central Warehouse. The Central Warehouse shall maintain a surplus property list of all items that are located at the Central Warehouse and scheduled to be sold either through a public on-site auction or public on-line bid sale. Section 28.3 Surplus Property Trade-In Allowance Prior to trading for credit against a new purchase or service, the Purchasing Agent shall determine the fair market value and document the disposal in the surplus item file with reference to the Purchase Order for the new materials or services. Section 28.4 Proceeds From Sales All proceeds from the sale of surplus property shall be deposited in an established revenue account of the City determined by the Finance Director. Section 28.5 Donation of Surplus Property Surplus personal property may be donated to organizations in exchange for services that would benefit the local Flagstaff community, where such value would exceed the revenues generated from a sale through an auction or sealed bid, as determined in writing by the Director. For donations valued in excess of $50.00, the receiving organization shall execute a receipt or contract according to how the donation will be used. Any donation, exceeding $500.00 in value, shall be approved by the City Council. ARTICLE 29 PROTESTS An actual or prospective Bidder or Proposer, who is aggrieved in connection with the solicitation or award of a contract, may protest any aspect of a solicitation prior to award of a contract. Section 29.1 Time for Filing Protests A. Protests based upon alleged improprieties in a solicitation that are apparent before the

solicitation due date shall be filed not less than five (5) working days before the solicitation due date. Contracts shall be final and no protest pursuant to this section may be filed after award.

B. In cases other than alleged improprieties in a solicitation, protests shall be filed within ten

(10) days after the aggrieved person knows or should have known the facts and circumstances upon which the protest is based. However, in no event, shall the protest be filed later than ten (10) days after issuance of notification of award.

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Section 29.2 Filing of a Protest A. A protest shall be submitted, in writing, to the Director and shall include the following

information:

1. The name, address, telephone number and e-mail address of the Protestant;

2. The signature of the Protestant or its representative; 3. Identification of the solicitation and contract number;

4. A detailed statement of the legal and factual grounds of the protest, including

copies of relevant documents; and

5. The form of relief requested. B. The Director, without waiving the City’s right to dismiss the protest for lack of timeliness,

may consider any protest that is not filed timely. C. The Director shall give notice of the protest to the successful vendor if award has been

made, or if no award has been made, to all actual or prospective Bidders or Proposers. D. The Director shall review the formal protest and issue a written ruling within fourteen (14)

days of receiving the formal protest in accordance with Section 29.1, “Time for Filing Protests”, and Section 29.2, “Filing of a Protest”. The Director may also give notice of the ruling to any other persons involved in the solicitation whose interests may be affected by the ruling requested from the Director.

Section 29.3 Stay of Procurements During the Protest In the event of a timely protest under Section 29.1, “Time for Filing Protests”, the City may proceed further with the solicitation or with the award of the contract unless the Director makes a written determination that there is a reasonable probability that the protest will be sustained or that the stay of procurement is not contrary to the substantial interests of the City. Section 29.4 Confidential Information A. Material submitted by a Protester shall not be withheld from an interested party except to

the extent that the withholding of information is permitted or required by law or as determined pursuant to Procurement Code Manual provisions for confidential material.

B. If the Protester believes the protest contains material that should be withheld, a statement

advising the Director of this fact shall accompany the protest submission. Section 29.5 Remedies A. If the Director sustains the protest in whole or part and determines that a solicitation or

proposed contract award does not comply with the procurement statutes and regulations, the Director shall implement an appropriate remedy.

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B. In determining an appropriate remedy, the Director shall consider all the circumstances surrounding the procurement or proposed procurement including, but not limited to, the seriousness of the procurement deficiency, the degree of prejudice to other interested parties or to the integrity of the procurement process, the good faith of the parties, costs to the City, the urgency of the procurement and the effect of the relief.

C. An appropriate remedy may include one or more of the following: 1. Reissue the solicitation and award a contract consistent with this Procurement

Code Manual; or 2. Such other relief as is determined necessary to ensure compliance with the City

Charter, City ordinances and/or this procurement Code Manual. ARTICLE 30 SUSPENSION, DEBARMENT A. The Director may suspend or debar any person from consideration for award of a contract

pursuant to this Procurement Code Manual. Suspension of any person shall not exceed six (6) months. A debarment shall not exceed three (3) years.

B. The causes for suspension or debarment may include, but are not limited to, the following:

1. Conviction of any person or any subsidiary or affiliate of any person for commission of a criminal offense arising out of obtaining or attempting to obtain a public or private contract or subcontract, or in the performance of such contract or subcontract.

2. Conviction of any person or any subsidiary or affiliate of any person under any

statute of the Federal Government, this State or any other state for embezzlement, theft, fraudulent schemes and artifices, fraudulent schemes and practices, bid rigging, perjury, forgery, bribery, falsification or destruction of records, receiving stolen property or any other offense indicating a lack of business integrity or business honesty which affects responsibility as a City contractor.

3. Conviction or civil judgment finding a violation by any person or any subsidiary or

affiliate of any person under state or federal antitrust statutes.

4. Violations of contract provisions of a character which are deemed to be so serious as to justify debarment action, such as either of the following:

a. Knowingly failing without good cause to perform in accordance with the

specifications or within the time limit provided in the contract.

b. Failure to perform or unsatisfactory performance in accordance with the terms of a contract, except that failure to perform or unsatisfactory performance caused by acts beyond the control of the contractor shall not be considered to be a basis for debarment.

5. Any other cause deemed to affect responsibility as a City contractor, including

suspension or debarment of such person or any subsidiary or affiliate of such person by another governmental entity for any cause listed in the established rules.

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C. Before imposing a suspension or debarment, the Director shall give the affected party

written notice of the grounds for suspension or debarment and shall afford such person an opportunity for hearing.

Section 30.1 Resolution of Contract Controversies - Materials, Services and

Construction Contracts A. The Purchasing Agent and the end-user shall have the authority and responsibility to

enforce all performance and terms under all contracts where they are named as Administrator.

B. If any issue regarding performance under the contract cannot be resolved by mutual

agreement between the Purchasing Agent/end-user and the Vendor/Contractor shall, through the City Attorney’s Office, pursue resolution as provided in the terms of the original contract or under applicable law. The Purchasing Agent shall prepare a written decision informing the vendor of the required performance.

1. Final written decision shall include: a. A description of the controversy;

b. A reference to the pertinent contract provision;

c. A statement of the factual areas of agreement or disagreement; d. A statement of the decision, with supporting rationale; and

e. Instructions for appeal

After preparation of the decision, the Contract Administrator shall send the decision to the Director who shall deliver the decision to the Vendor/Contractor by certified mail, return receipt requested, or by any other method that provides evidence of receipt.

C. If the Vendor/Contractor fails to comply with all terms of the notice of final decision, the

Vendor/Contractor may be declared in default and the contract may be terminated based upon the review and procurement/legal opinion from the Director and City Attorney’s Office. The Vendor/Contractor may be suspended or debarred under the provision of Article 31, “Suspension, Debarment". The Director may render a decision for the suspension and debarment of the Vendor/Contractor if violations of contract provisions of a character which are deemed to be so serious as to justify debarment action, such as either of the following: a. Knowingly failing without good cause to perform in accordance with the

specifications/scope of work or within the time limit provided in the contract.

b. Failure to perform or unsatisfactory performance in accordance with the terms of a contract, except that failure to perform or unsatisfactory performance caused by

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acts beyond the control of the Vendor/Contractor shall not be considered to be a basis for debarment.

ARTICLE 31 ARIZONA CERTIFIED NON-PROFIT BUSINESSES THAT SERVE OR

EMPLOY INDIVIDUALS WITH DISABILITIES A. The City may purchase or contract for any products, materials, and services directly from

Arizona Certified non-profit agencies that serve or employ individuals with disabilities without competitive bidding if the delivery and quality of the products, materials, or services meet the City’s reasonable requirements, as determined by the Director and the requesting department.

B. The City may set aside, at minimum, a percentage of its purchases or contracts for any products, materials and services directly from Arizona certified non-profit agencies that serve or employ individuals with disabilities without competitive bidding if the delivery and quality of the products, materials, or services meet the City’s reasonable requirements, as determined by the Director and the requesting department.

CITY OF FLAGSTAFF

STAFF PROPOSED AMENDMENTS

PROCUREMENT CODE MANUAL

MANAGEMENT SERVICES DIVISION

PURCHASING SECTIONCouncil Presentation

April 3, 2018

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INTRODUCTION➢ Discussion on staff proposed amendments to the City’s Procurement Code Manual

➢ Policy questions that we want to address regarding proposed amendments:

Staff Proposed Amendments:

▪ Informal and Formal Procurement Limits; Quote File Requirements (Article 7)

▪ Local bid preference prohibited (Article 10);

▪ Code of Federal Regulations (CFR) (Article 14);

▪ Determination of Bidder and Proposer Responsibility (Article 16);

▪ Sole Source (Article 18); and

▪ Emergency Purchase (Article 19)

➢ The issue or problems to be resolved are as follows:

▪ Provide better clarity and help eliminate varying interpretation to the above referenced Articles of the Procurement Code Manual;

▪ Strengthen compliance with local, state and federal procurement rules and regulations; and

▪ Incorporate additional requirements to help justify certain procurement decisions.

Proposed AmendmentArticle 7– Informal and Formal Procurement Limits; Quote File Requirements

Procurement Code Article Article Title Section Section Title Proposed Amendment Purpose

7 “Informal and Formal Procurement Limits; Quote File Requirements”

7.1 “Informal Procurement Process”

Added letter (B) with language as a reference to federally funded purchases that utilize a micro-purchase threshold set by the Federal Acquisition Regulation (FAR) without soliciting competitive quotations for purchases at or less than $3,500

Incorporate references to FAR requirements

Proposed AmendmentArticle 10– Formal Procurement Process—Invitation for Bids


10 Formal Procurement Process--Invitation For Bids

10.11 Bid Evaluation and Award

Added letter (H) with language that prohibits the City from giving a local bid preference

Incorporate reference to AZ. Supreme Court ruling

Proposed AmendmentArticle 14– Evaluation/Selection Committee for Materials, Services, Professional

Design Services and Construction

Procurement Code Article Article Title Section Section Title

Proposed Amendment Purpose

14 Evaluation/SelectionCommittee for Materials, Services, Professional Design Services and Construction

14.3 Code of Federal Regulations (CFR) General Procurement Standards

Added Section 14.3 with language that requires non-Federal entities to maintain written standards of conduct covering conflicts of interest

Incorporate reference to CFR,regarding federally funded purchases

Proposed AmendmentArticle 16– Determination of Bidder and Proposer Responsibility

Procurement Code Article Article Title Section Section Title

Proposed Amendment Purpose

16 Determinationof Bidder and Proposer Responsibility

16 Determination of Bidder and Proposer Responsibility

Added language in Letter (B) to include other important guidelines for determining Bidder and Proposer responsibility

To strengthen the various reasons for determining Bidder or Proposer responsibility

Proposed AmendmentArticle 18– Sole Source

Procurement Code Article

Article Title Section Section Title Proposed Amendment Purpose

18 SoleSource

18.1 Sole Source, Evidence Request

Add three (3) new sub-sections and associated language in Letter (B) that references a new required form, outlining research and evidence, to be completed and submitted to the Purchasing Agent managing the procurement and some form of public notification of the City’s intent to sole source at the discretion of the Purchasing Director

To strengthenthe procedural process in the justification of a sole source procurement

Proposed AmendmentArticle 19– Emergency Purchase


19 EmergencyPurchase

19 EmergencyPurchase

Add two (2) new sub-sections and associated language in Letter (B) that references a new required form, outlining research and justification, to be completed and submitted to the Purchasing Agent managing the emergency purchase

To strengthenthe procedural process in the justification of an emergency purchase

QUESTIONS?



From: Elizabeth A. Burke, City Clerk

Date: 03/28/2018


TITLEFuture Agenda Item Request (F.A.I.R.): A Citizens' Petition requesting consideration of a Councilresolution re the Coconino County Detention Center Policy.


EXECUTIVE SUMMARY:In accordance with Art. II, Sect. 17 of the Flagstaff City Charter, any citizen may present a written petitionto the City Manager, signed by a minimum of 25 citizens from the City...who shall present it to theCouncil at its next regular meeting. The attached petition was filed with the City Manager's Office onMarch 9, 2018, requesting that the Council consider a resolution re the Coconino County DetentionCenter Policy.

INFORMATION:Chapter 1-12 of the Flagstaff City Code formalizes the information to be required, and the attachedpetition conforms to those requirements. As outlined in this chapter, the petition is to be submitted to theCouncil under Future Agenda Item Request (F.A.I.R.) to determine if there is Council interest in placingthe item on a future agenda for consideration. Failure to give such direction shall constitute "action" forthe purposes of this section.

Attachments: Cit. Pet. #2018-02

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CIT. PET. #2018-02

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From: Stacy Saltzburg, Deputy City Clerk

Date: 03/28/2018


TITLEFuture Agenda Item Request (F.A.I.R.): A Citizens' Petition Requesting the City Council levy a capitalprojects tax of one-eighth of one cent per dollar over an estimated term of fifteen years or until theamount of $45,879,876 plus an estimated projects maintenance of $6,395,000 for a total of $52,274,876is collected on all sales or uses within the City of Flagstaff that are subject to the Arizona StateTransaction Privilege Tax and use the proceeds for acquisition and development of one or more of therecommended FOSPR projects.


EXECUTIVE SUMMARY:In accordance with Art. II, Sect. 17 of the Flagstaff City Charter, any citizen may present a written petitionto the City Manager, signed by a minimum of 25 citizens from the City...who shall present it to theCouncil at its next regular meeting. The attached petition was filed with the City Manager's Office onMarch 20, 2018, requesting that the Council consider action to levy a capital projects tax of one-eighth ofone cent per dollar.

INFORMATION:Chapter 1-12 of the Flagstaff City Code formalizes the information to be required, and the attachedpetition conforms to those requirements. As outlined in this chapter, the petition is to be submitted to theCouncil under Future Agenda Item Request (F.A.I.R.) to determine if there is Council interest in placingthe item on a future agenda for consideration. Failure to give such direction shall constitute "action" forthe purposes of this section.

Attachments: Cit. Pet. #2018-03

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CIT. PET. #2018-03

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