REQUEST FOR PROPOSALS for Timothy McKay Memorial Park Play Mound and Dry Fountain

Design and Construction City of Show Low Project 45526117D

City of Show Low, AZ

The City of Show Low is soliciting proposals from qualified parties for Passive Play Mound and Interactive Dry Fountain Design and Construction, City of Show Low Project 45526117D. This work shall take place at Timothy McKay Memorial Park, 361 E Old Linden Road, Show Low, Arizona, 85901. The proposals shall include a conceptual design, preliminary schedule and an itemized cost proposal. Each offeror shall submit separately a technical proposal and a price proposal. The offeror’s entire proposal shall be responsive to the requirements in the request for proposals. Proposer must demonstrate that they possess the qualifications and experience in constructing similar play facilities.

This project is part of multi-phase improvements at the Timothy McKay Memorial Park, which includes the construction of accessible paths, parking improvements, ramadas, public restrooms, water feature, and a play mound. This Request for Proposals is for the play mound and water feature facilities only. The proposals shall be to provide a turnkey passive play mound and interactive dry fountain facilities.

The passive play mound will be approximately 80 feet in diameter. It will be located adjacent to a paved accessible path. The mound shall have an accessible path to the top. The mound shall include low height, non-intrusive play features, such as slides and rope climbers, in neutral colors that blend into the environment. Sidewalks, Concrete work, and site work shall be included in the contractor’s scope of work. The proposer shall be responsible for obtaining all permit approvals.

The interactive dry fountain will be approximately 40 feet in diameter. It will be located adjacent to the parking lot and paved accessible path. This area shall include a concrete bench or similar feature that can double as signage for the park. The dry fountain project must include all necessary equipment for water re-use. The proposer shall provide all necessary equipment for filtration, disinfection, controls, drains, tanks, distribution piping, actuators, pumps, valves, etc. Concrete deck, sidewalks, and site work shall be included in the contractor’s scope of work. Wet pedestrian areas shall be surfaced with appropriate material to abate slipping and heat. The existing adjacent building will house the mechanical equipment. The proposer shall be responsible for obtaining all permit approvals including any necessary ADEQ approvals.

A copy of the Request for Proposals, which includes proposal requirements, schedule, along with other information is available at no cost on the City’s website;

showlowaz.gov. It is the sole responsibility of the party responding to the Request for Proposals to obtain all information, addenda, updates, etc. to meet the submittal dates and requirements.

A mandatory pre-submittal meeting will be held Thursday, July 2, 2026 at 2:00 PM local time. Proposers may attend in person at Show Low City Hall, 180 N 9th Street, Show Low AZ or virtually via the Teams link posted on the City’s website.

Written questions will be accepted until Monday, Jul 13, 2026, at 12:00 PM. Submit written questions to Trampas Johnston, Engineering Project Manager, City of Show Low, 180 N. 9th Street, Show Low, AZ 85901 or tjohnston@showlowaz.gov.

The due date for submittals is Friday, July 24, 2026 at 4:00 pm. Submittals should be addressed to the City of Show Low, Trampas Johnston, 180 North 9th Street, Show Low, AZ 85901. Proposal shall be submitted in a sealed envelope. The outside lower right-hand corner of the envelope shall be marked:

“Sealed Proposal of __(firm name)______________________________, For Timothy McKay Memorial Park Play Mound and Dry Fountain Design and Construction, City of Show Low Project 45526117D mailto:tjohnston@showlowaz.gov

I. Project Scope

The City of Show Low is working on multi-phase improvements and upgrades to the Timothy McKay Memorial Park, located at 361 E Old Linden Road, Show Low, Arizona, 85901. The planned improvements include the construction of accessible paths, parking improvements, ramadas, public restrooms, landscaping, a water feature, and a play mound. This Request for Proposals is for the play mound and water feature facilities only. Other contractors may also be on site working on other phases of the project. All contractors are expected to be accommodating to each other. Each offeror shall submit separately a technical proposal and a price proposal. The offeror’s entire proposal shall be responsive to the requirements in the request for proposals.

The passive play mound will be approximately 80 feet in diameter. It will be located adjacent to a paved accessible path. The mound shall have an accessible path to the top. The mound shall include low height, non-intrusive play features, such as slides and rope climbers, in neutral colors that blend into the environment. Sidewalks, Concrete work, and site work shall be included in the contractor’s scope of work.

The interactive dry fountain will be approximately 40 feet in diameter. It will be located adjacent to the parking lot and paved accessible path. This area shall include a concrete bench or similar feature that can double as signage for the park. The dry fountain project must include all necessary equipment for water re-use. The proposer shall provide all necessary equipment for filtration, disinfection, controls, drains, tanks, distribution piping, actuators, pumps, valves, etc. Concrete deck, sidewalks, and site work shall be included in the contractor’s scope of work. Wet pedestrian areas shall be surfaced with appropriate material to abate slipping and heat. The existing adjacent building will house the mechanical equipment. Water, wastewater and electrical utility stubs will be provided to within 5 feet of the existing equipment building.

The sketches attached in Exhibit A show a general layout and the area programmed for the dry fountain and play mound. Also included are project examples similar to the proposed play mound and dry fountain. A partial list of required features is also included in Section VIII C below.

The proposer shall be responsible for obtaining all permit approvals. The selected contractor shall also be responsible for ALL agency permitting, including ADEQ. ADEQ will require permitting for the water re-use and sanitation equipment and processes.

II. Project Location

The proposed play mound and dry fountain will be located at the Timothy McKay Memorial Park, 361 E Old Linden Road, Show Low, Arizona, 85901. This park has been designated as a passive park, having been intentionally designed as an area of low activity and low noise. The proposed play mound and dry fountain should follow this passive concept, allowing for play areas with minimal impact on the tranquility of the park. A general concept plan of the park and the proposed play mound and dry fountain locations are included in the attached exhibits.

III. A. City Provided Facilities and Equipment

Mechanical equipment shall be located in the garage bay of the existing structure. The City will provide water, wastewater, and electrical power to approximately 5 feet from the proposed mechanical room. Two 2” pvc conduits for water and two 2” conduits for electricity exist under the parking lot and are stubbed out at the northwest corner of the building. A floorplan of the park building is included in the attached exhibits.

B. Contractor Provided Equipment The Contractor will provide the following equipment and services for the performance of this contract:

• Approximate 80 foot diameter passive play mound with features as described in Section VIII C and as approved in final design.

• Approximate 40 foot diameter dry fountain / interactive water feature with features as described in Section VIII C and as approved in final design.

• Equipment for filtration, disinfection, controls, drains, tanks, distribution piping, actuators, pumps, valves, etc. for a complete and operable facility.

• Updates / improvements to the equipment room as required by all codes and permit approvals.

IV. Contractor Qualifications

The successful Proposer shall provide information regarding similar facilities that have been constructed in the past five years. A discussion of project schedules and budgets shall be included in the proposal. Information regarding any significant scope and price revisions (change orders) shall be presented for each project. A minimum of three (3) past projects shall be detailed in the proposal.

Photographs and other graphic depictions should be included with the proposal materials. Contact information and references shall also be provided for each project.

V. Pricing

A detailed schedule of values shall be provided with the Proposal. The pricing shall include design, grading and site preparation, concrete, fencing, mechanical equipment, cost of individual features as proposed, startup, etc. The costs shall include all labor, equipment, materials, and incidentals required to provide a complete, functioning facility. If there are costs associated with the project that cannot be determined or are excluded from the proposal, a detailed explanation shall be provided along with an approximate cost The selection committee will separately evaluate the technical proposal and the price proposal and will evaluate and score the technical proposal before opening the price proposal.

VI. Schedule

The proposal shall include a detailed schedule. The schedule shall define milestones and provide approximate dates of start and completion of the milestones. The schedule shall anticipate lead time for materials and a reasonable numbers of weather delay days. For the purposes of this proposal, assume that design will start immediately after City Council award.

VII. Timeline for RFP Process

The table below outlines the estimated timeline for this RFP process and for awarding the Agreement(s):

Event/Action Date(s) Advertise RFP 06/26/26 and 06/30/26 Pre-Sumbittal Meeting 07/02/26 2:00 p.m.* Questions Due 07/13/26 12:00 p.m.* City’s Written Response to Questions 07/14/26 Deadline for Submission of Proposals 07/24/26 4:00 p.m. * Deadline for Committee Review and Selection 07/31/26 City Council Award 08/11/2026

* All Times Local Time

VIII. Proposal Contents Proposals submitted for this project shall address all requested information.

Firms are encouraged to keep the proposals brief and to the point, but sufficiently detailed to allow for evaluation. Pricing is a part of this proposal however; the selection will be made based upon price and other considerations which are detailed in the section below. Proposals must include the following:

A. Cover letter (1 page maximum)

The cover letter shall include; information regarding the type of business entity of the proposer (LLC, Partnership, Individual, Association, etc.) entity, a statement of the Proposers good standing, general company background, and acknowledgement of any Addendums.

B. Project Team and Project Understanding

The project team description shall identify project personnel and shall define their role on the team. Identify any unique approaches or strengths that your firm may have related to this project. Provide examples of similar projects your team has completed in the past five years. Include budget and schedule information, project descriptions and supporting graphics. Project contacts must be provided including identifying key contact’s name, phone number, email, and mailing address. Describe how your team is uniquely qualified to provide a creative, fun, and cost effective facility.

C. Technical Proposal This section shall include concept sketches illustrating your vision for this facility.

The concepts must contain a level of detail to provide a basis for an accurate price proposal. Consider the following when preparing these sketches:

• Do not use theming (spraying flowers, animals, wild colors, etc)

• Use neutral / natural colors complimentary to the adjacent area

• Focus on inclusivity (something for all abilities and all ages)

• Facility is dawn to dusk use only

• The dry fountain should include features such as:

o serve dual purpose as decorative fountain and splash pad o interactive / alternating ground spraying features o an integrated bench or similar feature that can double as entry signage to the park o connection to the existing asphalt path o wet pedestrian areas shall be surfaced with appropriate material to abate slipping

• The play mound should include features such as:

o low height, non-intrusive play features, like balance beams, horizontal rope climbers, stepping stones, and slides o accessible spiral path to the top o connection to the existing asphalt path

• Sizing and specifications for mechanical and electrical equipment

• Discussion of permitting process and your team’s experience in ADEQ permitting of comparable municipal facilities.

D. Signature The proposal shall be signed by a representative authorized to bind the team and shall expressly state the proposal is valid until the City Council awards the contract. By signing the Letter and submitting a complete proposal, the Proposer gives the following assurances and information and covenants that the Proposer is fully qualified to provide the required services. Proposer further affirms that the following submitted information is true and accurate and may be relied upon by the in evaluating the proposal.

IX. Price Proposal

This document shall include the price for performing the work described in the Project Scoping Section above. The City is expecting a turnkey project so any listed exceptions should be minimal. If there are elements of the project whose costs cannot be defined, an explanation should be included and a contingency for the item shall be included in the cost. The Price Proposals shall be opened after the Technical Proposals are evaluated. The final selection will be based upon both proposals with preference given to the highest rated Technical Proposal.

X. Submittal of Proposals Separate Sealed Proposals for the Technical Proposal and the Price Proposal are required.

One (1) original and Seven (7) copies of the proposals must be received by the due date for submittal. Submittals should be addressed to the City of Show Low, Trampas Johnston, 180 North 9th Street, Show Low, AZ 85901.

Technical and Price Proposals shall be submitted in separate sealed envelopes.

The outside lower right-hand corner of the envelope shall be marked:

“Sealed Proposal of __(firm name)______________________________, For Timothy McKay Memorial Park Play Mound and Dry Fountain Design and Construction, City of Show Low Project 45526117D

XI. Rating Criteria

The technical proposal shall be reviewed by a selection committee. Points will be awarded independently by each of the committee members. The points will be totaled the proposals will be ranked on the points earned. The City will open the price proposals and determine the highest ranked firm based on qualifications and price. Points will be awarded to the technical proposals based upon the point distribution listed below:

Cover Letter 10 Project Team Qualifications and Experience 40 Technical Proposal 40 Signature 10

TOTAL POSSIBLE 100

XII. Questions

Questions must be submitted in writing by the due date for questions. Submit written questions to Trampas Johnston, Engineering Project Manager, City of Show Low, 180 N. 9th Street, Show Low, AZ 85901 or tjohnston@showlowaz.gov. Written Questions will be answered in the form of addenda which will be published on the City website per the timeline outlined in Section VII. Receipt of the addendum shall be acknowledged in the required cover letter.

XIII. Proposal Submittal Rules

The City of Show Low reserves the right to reject any and all responses deemed unqualified, unsatisfactory, or inappropriate, to waive defects or informalities and to offer contact with any firm in response to this RFP. This RFP does not constitute any form of offer to contract. The City will not pay any costs incurred by the firm in preparing or submitting the proposal.

A. The City reserves the right to award an Agreement on the basis of both the technical and price proposals submitted or to negotiate with Proposer for modification of the successful Proposal. By submission of a Proposal, the Proposer agrees to be legally bound thereby if its Proposal is accepted by the City.

B. The City shall not be obligated to respond to any Proposal submitted, nor shall it be legally bound in any manner whatsoever by the receipt of a Proposal.

C. Any and all Agreements arising out of Proposals submitted hereunder (including any negotiations that follow) shall not be binding on the City, its officers, employees, or agents unless formally approved and duly executed by the City Council.

D. Statistical information contained in these documents is for informational purposes only. The City is not responsible for any inaccuracies or interpretations of said data.

E. The City reserves the right to extend or cancel the scheduled Proposal due date. Notice of such extension or cancellation shall be sent via an Addendum to this RFP and posted on the City’s website.

F. It is the Proposer's responsibility to deliver the proposal to the appointed place prior to the submittal due date and time. Late delivery of such proposal, regardless of reason, shall disqualify the Proposer.

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A G R E E M E N T

BETWEEN OWNER AND CONTRACTOR

ON THE BASIS OF A STIPULATED PRICE

THIS AGREEMENT is dated as of Click here to enter a date, by and between the CITY of SHOW LOW, a Municipal Corporation organized and existing under and by virtue of the laws of the State of Arizona (hereinafter called OWNER), and

Click here to enter name of Contractor, an Arizona Click here to enter type of business

(hereinafter called CONTRACTOR)

OWNER AND CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows:

Article 1. WORK

CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: design and construction of a passive play mound and interactive dry fountain per the Request for Proposals. This work shall take place at the Timothy McKay Memorial Park, 361 E Old Linden Road, Show Low, Arizona, 85901.

The Project for which the Work under the Contract Documents, in whole or in part, is generally described as follows: Timothy McKay Memorial Park Play Mound and Dry Fountain Design and Construction, City of Show Low Project No. 45526117D

Article 2. PUBLIC WORKS DIRECTOR

The City PUBLIC WORKS DIRECTOR, or authorized representative who is hereinafter called PUBLIC WORKS DIRECTOR, and who is to act as OWNER’S representative, assumes all duties and responsibilities, and has the rights and authority assigned to PUBLIC WORKS DIRECTOR in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents.

Article 3. AGREEMENT TIME

3.1 The Work will be completed within 90 (ninety) calendar days from the date when the Contract Time commences to run as provided in the General Conditions of the Uniform Standard Specifications and Details for Public Works Construction (Maricopa Association of Governments - MAG).

3.2 FAILURE TO COMPLETE ON TIME: OWNER and CONTRACTOR

recognize that time is of the essence of this Agreement and that OWNER may suffer financial loss if the Work is not completed within the times specified in Paragraph 3.1 above, plus any extensions thereof allowed in accordance with Section 108 of the General Conditions (MAG Specifications). They also recognize the delays, expenses, and difficulties

A-2 involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that liquidated damages for failure to complete on time (but not as a penalty) will be in accordance with Section 108.

Article 4. AGREEMENT PRICE

4.1 OWNER shall pay CONTRACTOR for completion of the Work in

accordance with the Contract Documents and according to the Bid Schedule attached in an amount not to exceed $Click here to enter amount.

Article 5. PAYMENT PROCEDURES

CONTRACTOR shall submit Applications for Payment in accordance with the Supplementary Conditions. Applications for Payment will be processed by PUBLIC WORKS DIRECTOR as provided in the General Conditions.

5.1 Progress Payments: OWNER shall make progress payments on the basis of CONTRACTOR’S Applications for Payment as recommended by PUBLIC WORKS DIRECTOR, on or about 15 days after PUBLIC WORKS DIRECTOR'S approval. All progress payments will be on the basis of the progress of the Work measured by actual percentage of Work accomplished or by the schedule of values established in the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements.

5.1.1 Prior to Final Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as PUBLIC WORKS DIRECTOR shall determine, or OWNER may withhold, in accordance with the General Conditions.

90% of Work Completed. The 10% withheld from the work completed shall be known as retainage. In lieu of the 10% retainage provided in this paragraph, the OWNER shall, at the option of the CONTRACTOR, accept as a substitute an assignment of these funds, as outlined in A.R.S. 34-221, Subsection C, paragraph 5.

90% of the materials and equipment not incorporated in the Work (but delivered, suitably stored, and accompanied by paid invoice and other documentation satisfactory to OWNER as provided in the General Conditions).

5.2 Final Payment: Upon final completion, receipt of completed as-builts, and acceptance of the Work in accordance with the General Conditions, A-3

OWNER shall pay the remainder of the Contract Price, including retainage, as recommended by PUBLIC WORKS DIRECTOR.

Article 6. CONTRACTOR’S REPRESENTATIONS

In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations:

6.1 CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents, Work, site locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance, or furnishing of the Work.

6.2 CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions and accepts the determination set forth in the Supplementary Conditions of the extent of the technical data contained in such reports and drawings upon which the CONTRACTOR is entitled to reply.

6.3 CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports, and studies (in addition to or to supplement those referred to in Article 7 below) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. Costs for performing such functions are considered incidental to this Contract or Agreement.

6.4 CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies, or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically, the provisions of the General Conditions.

6.5 CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations, tests, reports, and studies with the terms and conditions of the Contract Documents.

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6.6 CONTRACTOR has given PUBLIC WORKS DIRECTOR written notices of all conflicts, errors, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by PUBLIC WORKS DIRECTOR is acceptable to CONTRACTOR.

Article 7. CONTRACT DOCUMENTS

The Contract Documents, which comprise the entire Agreement between OWNER and CONTRACTOR concerning the Work, consists of the following:

7.1 This Agreement (pages A-1 to A-21, inclusive).

7.2 Performance and other Bonds (pages PB-1 to PB-4, inclusive).

7.3 Notice of Award (page NOA-1).

7.4 Notice to Proceed (page NTP-1).

7.5 This Section Intentionally Omitted

7.6 Addenda Numbers (Click to enter number to Click to enter number, inclusive).

7.7 This Section Intentionally Omitted

7.8 This Section Intentionally Omitted

7.9 The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to the General Conditions.

7.10 The documents listed in Paragraphs 7.1 et seq. above are attached to this

Agreement (except as expressly noted otherwise above).

There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be amended, modified, or supplemented as provided in MAG 104 of the General Conditions.

Article 8. MISCELLANEOUS

8.1 Terms used in this Agreement have the meanings indicated in the General Conditions of the Uniform Standard Specifications and Details for Public Works Construction.

8.2 No Assignment by a party hereto of any rights under or interest in the

Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without

A-5 limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents.

8.3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents.

Article 9. SEVERABILITY

If any portion of this Agreement (Contract) is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired, voided, or invalidated in any way.

Article 10. GOVERNING LAW

This Agreement shall be interpreted and construed according to and governed by the laws of the State of Arizona. The Navajo County Superior Court shall be the exclusive jurisdiction to hear any dispute under this Agreement.

Article 11. MEDIATION

The parties hereto agree that any and all disputes, claims, or controversies arising out of or relating to this Agreement shall be submitted to neutral, non-binding mediation prior to the commencement of arbitration, litigation, or any other proceeding before a trier of fact.

The parties to the dispute or claim agree to act in good faith to participate in mediation and to identify a mutually acceptable mediator. If the parties cannot agree upon a mediator, each party shall designate a mediator, and those mediators shall select a third mediator who shall act as the neutral mediator, assisting the parties in attempting to reach a resolution. All parties to the mediation shall share equally in its cost. If the dispute or claim is resolved successfully through mediation, the resolution will be documented by a written agreement executed by all parties. If the mediation does not successfully resolve the dispute or claim, the mediator shall provide written notice to the parties reflecting the same, and the parties may then proceed to seek an alternative form of resolution of the dispute or claim in accordance with the remaining terms of this Agreement and other rights remedies afforded to them by law.

Article 12. INSURANCE

12.1 CONTRACTOR’S INSURANCE. Prior to the execution of the contract, the Contractor shall file with the Owner a certificate or certificates of insurance executed by an insurance company doing business in the State of Arizona and acceptable to the Owner. The certificate of insurance shall state that, with respect to the contract awarded the Contractor, the Contractor carries

A-6 insurance in accordance with the requirements of this subsection. All insurance policies shall be primary and non-contributory.

On all policies, the City of Show Low shall be named as an additional insured, and an additional insured endorsement must accompany the certificate of insurance.

The policy shall contain a waiver of subrogation endorsement in favor of the City of Show Low, its department, boards, commissions, and employees for losses arising from this Agreement.

All insurance policies or certificates shall include an endorsement providing for thirty (30) days prior written notice to the Owner of any cancellation or reduction of coverage. The Contractor shall cease operations on the occurrence of any such cancellation or reduction and shall not resume operations until the required insurance is in force and new certificates of insurance have been filed with the Owner. The insurance policy or policies provided by the Contractor may contain deductibles not to exceed $500 for any one accident or occurrence, excluding bodily injury.

Contractor must comply with all State of Arizona regulations concerning Workers’ Compensation insurance and supply the City with proof of such insurance (certificate of insurance) if Contractor utilizes employees to complete the services outlined in this Agreement.

In addition to statutory Worker’s Compensation Insurance, the Contractor, with respect to all operations performed by the Contractor or their subcontractors, shall have in force regular general liability insurance in not less than the following amount: $1,000,000 Combined Single Limit of Liability per Occurrence/$2,000,000 aggregate.

Such insurance shall include, but not be limited to, coverage for underground damage to facilities because of drilling and excavating with mechanical equipment and for collapse of or structural injury to structures or utilities because of blasting or explosion, excavation, tunneling, pile driving, cofferdam work, or demolition.

With respect to the operation of all motor vehicles, including those hired or borrowed, used in connection with the contract, the Contractor shall have in force automobile liability insurance in not less than the following amount:

$1,000,000 Combined Single Limit of Liability per Occurrence.

12.2 Third Party Beneficiary Clause. It is specifically agreed between the parties executing the contract that it is not intended by any of the provisions of any part of the contract to create to the public or any member thereof a third-party beneficiary or to authorize anyone not a party to the contract to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of the contract.

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12.3 Indemnity. To the fullest extent permitted by law, CONTRACTOR shall defend, indemnify and hold harmless the City, its agents, officers, officials, and employees from and against all claims, damages, losses, and expenses (including but not limited to attorney fees, court costs, and the costs of appellate proceedings) relating to, arising out of or resulting from the negligent acts, errors, mistakes, omissions, work or services of the CONTRACTOR, its agents, employees or subcontractors in the performance of this Agreement. The amount and type of insurance coverage requirements set forth herein shall not limit the scope of the indemnity in this paragraph.

Article 13. TESTING AND QUALITY CONTROL

All testing and sampling shall be the responsibility of the Contractor. All testing and sampling shall be performed by an independent testing laboratory certified in the State of Arizona and approved by the Engineer.

All quality control measures necessary to provide acceptable quality on the production, handling, and placement of all materials and equipment shall be the responsibility of the Contractor. A Testing and Quality Control Plan shall be submitted to Engineer at the preconstruction meeting. All testing shall adhere to the appropriate specification and/or procedure relative to the material, equipment, or procedure of installation to be tested.

Article 14. SANITARY, HEALTH, AND SAFETY PROVISIONS

The Contractor shall provide and maintain in a neat, sanitary condition such accommodations for the use of their employees as required to comply with the requirements of the State and local boards of health or of other bodies or tribunals having jurisdiction.

Attention is directed to Federal, State, and local laws, rules, and regulations concerning construction safety and health standards. The Contractor shall not require any worker to work in surroundings or under conditions which are unsanitary, hazardous, or dangerous to worker’s health or safety as determined under the Arizona Occupational Safety and Health Standards for Construction, adopted by the Industrial Commission of Arizona pursuant to the Authority in A.R.S. § 23-410.

Article 15. NOTICES

All notices, invoices, and payments shall be in writing and may be given by personal delivery or certified mail. The designated recipients are as follows:

To Contractor: Click here to enter Name of Manager Click here to enter Contractor Name Click here to enter Address

Click here to enter City, State Zip Click here to enter Phone Number

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Click here to enter Email Address

To Owner: Shane Hemesath, PE, CFM

Public Works Director City of Show Low

180 N. 9th Street Show Low, AZ 85901

(928) 532-4000

Fax: (928) 532-4009 shemesath@showlowaz.gov

Article 16 COMPLIANCE WITH FEDERAL AND STATE LAWS / LEGAL ARIZONA

WORKERS ACT

The Contractor understands and acknowledges the applicability of the Americans with Disabilities Act, the Immigration Reform and Control Act of 1986, and the Drug Free Workplace Act of 1989. The following is only applicable to construction contracts: The Contractor must also comply with A.R.S. § 34-301, “Employment of Aliens on Public Works Prohibited”, and A.R.S. § 34-302, as amended, “Residence Requirements for Employees”.

Under the provisions of A.R.S. §41-4401, Contractor hereby warrants to the City that the Contractor and each of its subcontractors (“Subcontractors”) will comply with, and are contractually obligated to comply with, all Federal Immigration laws and regulations that relate to their employees and A.R.S. §23-214(A) (hereinafter “Contractor Immigration Warranty”).

A breach of the Contractor Immigration Warranty shall constitute a material breach of this Contract and shall subject the Contractor to penalties up to and including termination of this Contract at the sole discretion of the City.

The City retains the legal right to inspect the papers of any Contractor or Subcontractor’s employee who works on this Contract to ensure that the Contractor or Subcontractor is complying with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any such inspections.

The City may, at its sole discretion, conduct random verification of the employment records of the Contractor and any subcontractors to ensure compliance with Contractor’s Immigration Warranty. Contractor agrees to assist the City in regard to any random verifications performed.

Neither the Contractor nor any subcontractors shall be deemed to have materially breached the Contractor Immigration Warranty if the Contractor or Subcontractor establishes that it has complied with the employment verification provisions prescribed by sections 274A and 274B of the Federal Immigration and Nationality Act and the E-Verify requirements prescribed by A.R.S. §23-214, Subsection A.

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The provisions of this Article must be included in any contract the Contractor enters into with any and all of its subcontractors who provide services under this Contract or any subcontract. “Services” are defined as furnishing labor, time, or effort in the State of Arizona by a contractor or subcontractor. Services include construction or maintenance of any structure, building, transportation facility, or improvement to real property.

IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR, and Choose a Title. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by Choose a Title on their behalf.

This Agreement will be effective on _________________________________________.

APPROVED AS TO FORM:

Anna M. Atencio, City Attorney

OWNER: CITY OF SHOW LOW

By: ___________________________

John Leech, Jr., Mayor

ATTEST:

Rachael Hall, City Clerk

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CONTRACTOR: _________________________________

By: _________________________________

(CORPORATE SEAL)

STATE OF ARIZONA )

) ss.

County of )

Subscribed and sworn to before me this _______ day of _______________, 20___, by

Notary Public

My Commission Expires:

Contractor’s License No. ______________________

Agent for service of process:

(If CONTRACTOR is a Corporation, attach evidence of authority to sign)

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CITY OF SHOW LOW

CONTRACTOR PAYMENT REQUEST

Date ___________________ Period ___________________ Contractor Payment (CP) Request Number ___________________ Contract Date ___________________

Project No. 45526117D

Project: Timothy McKay Memorial Park Play Mound and Dry Fountain

Contractor: Click here to enter name of Contractor

Original Contract Amount (a) $_____________________

Total of Change Orders (b) $_____________________

Revised Contract (c) = (a+b) $_____________________

Force Account Contract Allowance (d) $_____________________

Force Account Work Completed to Date (e) $_____________________

Work Completed to Date (f) $_____________________

Materials Stored on Site (g) $_____________________

Subtotal (h) = (e+f+g) $_____________________

10% Retainage (i) = (0.1*h) $_____________________

Total (j) = (h-i) $_____________________

Less Previous Payments (k) $_____________________

Payment Due this Period (l) = (j-k) $_____________________

Balance Due After This Payment (m) = (c-d+e-j) $_____________________

Percent Completed (h/c) x 100 ______________________ I certify that the amount of Work estimated to have been done conforms, in all material respects, with the requirements of the Contract.

Signature (Contractor) Date

Signature (Engineer) Date

City of Show Low Date

A-12

JOB ORDER

No. ____________________

Project: Timothy McKay Memorial Park Play Mound and Dry Fountain

Project No. 45526117D

Date of Issuance: _______________________

OWNER: City of Show Low 180 N. 9th Street Show Low, AZ 85901

CONTRACTOR: _______________________

To the CITY OF SHOW LOW:

You are hereby directed to execute promptly this Job Order that interprets the Contract Documents or orders minor changes in the Work without change in Contract Sum or Contract Time.

If you consider that a change in Contract Sum or Contract Time is required, please submit your itemized proposal to the PUBLIC WORKS DIRECTOR immediately and before proceeding with this Work. If your proposal is found to be satisfactory and in proper order, this Job Order will, in that event, be superseded by a Change Proposal Request.

Reference:

Description:

Attachments:

By: __________________________________________ Resident Project Representative

A-13

FIELD ORDER

Order No.

Project No. 45526117D

Contract No. Date

Contractor: Click here to enter name of Contractor

A Field Order is valid only for the issuance of orders and directions to the Contractor that fall within the scope of Work as defined in the Contract Documents. It is not valid for any Work that involves changes in time or job costs. For changes that involve time or cost, a Change Order or Work Directive Change must be used.

DISTRIBUTION: 1. Contractor

2. Proj. Mgr. Date Resident Project Representative

3. Field Office

4. Files

5. Owner

Date Contractor’s Authorized Representative

Fisk Form 15-4

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CHANGE PROPOSAL REQUEST (Not a Change Order)

Project: Timothy McKay Memorial Park Play Mound and Dry Fountain

Change Proposal No. _________

Project No. 45526117D

Contractor: Click here to enter name of Contractor

Date Sent to Contractor: _____________ Date Rec’d from Contractor: _____________ We hereby request the cost of the following proposed change in your contract on subject project and the return of this completed form.

A breakdown of your cost SHALL be attached.

Do not proceed with this work until authorized by the Owner.

DESCRIPTION OF THE PROPOSED CHANGE:

All work shall be in accordance with the terms, stipulations, and conditions of the original Contract Documents. If the work herein provided for is approved by Change Order, the time of completion will be (Increased) (Decreased) (Unchanged) by _______ calendar days.

This change will Add _______________________.

Engineer Recommendation:

Deduct___________________ __________Recommend Acceptance

Not Change_______________ __________Do Not Recommend Acceptance

Contractor_____________________ By_____________________________

By____________________________ Date____________________________

Date__________________________

Cc: OWNERS ACTION

_____Accepted _____Not Accepted

By______________________________ Date____________________________

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WORK DIRECTIVE CHANGE

No._________________

Project: Timothy McKay Memorial Park Play Mound and Dry Fountain

Date of Issuance_____________

Owner: City of Show Low 180 N. 9th Street Show Low, AZ 85901

Contractor: Click here to enter name of Contractor Engineer:_________________________ Engineer’s Project No. 45526117D

You are directed to proceed promptly with the following change(s):

Description:

Purpose of Work Directive Change:

Attachments: (list documents supporting change)

If a claim is made that the above change(s) have affected Contract Price or Contract Time, any claim for a Change Order based thereon will involve one of the following methods of determining the effect of the change(s).

Method of determining change in Contract Price:

Method of determining change in Contract Time:

________Time and Materials _________Contractor’s Records

________Unit Prices _________Engineer’s Records

________Cost Plus Fixed _________Other____________________

________Other_____________________ Estimated increase (decrease) in Contract Price: $___________________.

Estimated increase (decrease) in Contract Price: $___________________.

If the change involves an increase, the estimated amount is not to be exceeded without further authorization.

If the change involves an increase, the estimated time is not to be exceeded without further authorization.

RECOMMENDED: AUTHORIZED:

BY_______________________________ BY_______________________________

Engineer Owner

ACCEPTED BY _____________________________________________(Contractor)

DATE __________________

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CHANGE ORDER

Change Order No.______

Project No. 45526117D

Contract Date:_____________________________________

To: ___________________________________________

Engineer: _________________________________________

Modify the Contract per the following Change Proposal Requests, which are attached to this Change Order.

Original Contract Price $_________________

Current Contract Price adjusted by previous Change Order $_________________ The Contract Price due to this Change Order will be (increased) (decreased) by: $_________________

The new Contract Price, including this Change Order, will be: $_________________

The Contract Time to Substantial Completion will be (increased) (decreased) by _____ calendar days.

The Contract Time to Final Completion will be (increased) (decreased) by ______ calendar days.

The date for Substantial Completion of all Work will be _____________________(date).

The date for Final Completion of all Work will be __________________________(date).

Accepted for Contractor by: __________________________________ Date:________

Approved for Engineer by: ___________________________________ Date:________

Approved for Owner by: _____________________________________ Date:________

A-17

CERTIFICATE OF FINAL COMPLETION

Project: Timothy McKay Memorial Park Play Mound and Dry Fountain Design and Construction

Project No. 45526117D

Contractor: Click here to enter name of Contractor

Original Agreement Date: Click here to enter a date

This Certificate of Final Completion applies to all Work under the Contract Documents or to the following specified parts thereof:

To: City of Show Low, Owner

And to: Click here to enter name of Contractor, Contractor

Authorized representatives of the OWNER, CONTRACTOR, and PUBLIC WORKS DIRECTOR have inspected the Work to which this Certificate applies, and that Work is hereby declared to be complete in accordance with the Contract Documents on

Date of Final Completion

Contractor’s Affidavit regarding settlement of claims is attached to and made a part of this Certificate.

Executed by PUBLIC WORKS DIRECTOR on ________________________________________, 20___.

Public Works Director

By ________________________________

CONTRACTOR accepts this Certificate of Final Completion on _____________, 20___.

(Contractor)

By _______________________________

OWNER accepts this Certificate of Final Completion on ___________________, 20___.

A-18

By _____________________________

A-19

W A R R A N T Y

Click here to enter name of Contractor, hereinafter the CONTRACTOR, does expressly affirm, promise, and guarantee all project improvements, including materials, equipment, and workmanship on Timothy McKay Memorial Park Play Mound and Dry Fountain Design and Construction, Project No. 45526117D for a period of two years from the date the project improvements are accepted by formal action of the Show Low City Council. Said date is ______________________________.

CONTRACTOR further agrees in the event that any or all of the Project improvements fail to conform to the Contract Documents or require any rebuilding, construction, or reconstruction to keep Project improvements in conformity with the Contract Documents or to bring Project improvements up to the Contract Document Specifications that CONTRACTOR will pay all necessary, reasonable and normal costs whatsoever, incurred by the City of Show Low in repairing, construction, reconstruction, or rebuilding any of the Project improvements which at any time within the above mentioned period of two years are not in conformity with the Contract Documents. These costs shall also include the repair or replacement of other work or materials damaged or affected by making the above repairs or corrective action.

Provided, however: That the City of Show Low shall give written notice to CONTRACTOR that the City of Show Low intends to perform work on the Project improvements and that said notice shall specify the improvement, its location, and the cause or kind of nonconformity with reference to the relevant Contract Documents. Said notice shall be sent to CONTRACTOR by registered mail, and CONTRACTOR given 15 days upon receipt of said notice to begin work before the City begins any work or incurs any cost unless an emergency situation occurs. The occurrence of any emergency shall be determined in the reasonable discretion of the Public Works Director of the City of Show Low and is declared to be an event which renders advance notice contrary to the health, safety, or welfare of the residents of the City of Show Low. In case the Public Works Director finds the existence of an emergency requiring immediate action, they shall serve notice to CONTRACTOR in the form above mentioned as soon as practical and shall include an explanation of the state of affairs requiring emergency action.

Provided, further: That unless the CONTRACTOR begins rectification of the deficiency of warranty within the 15 day period and completes it in a reasonable time and manner satisfactorily to the Public Works Director, the obligation of CONTRACTOR shall be to compensate the City of Show Low for bringing any improvements up to the Contract Document Specifications, and this obligation shall cover all work necessary to bring the improvement into conformity, even if the work occurs after the expiration of the two year period specified above if the City sent notice as provided above within the two year period, or in the case of any emergency as provided above if the City actually began work on the improvement within the two year period.

Should legal action be necessary in order for the City to be compensated by the CONTRACTOR for costs and expenses of bringing the warrantied deficiencies into

A-20 conformity, CONTRACTOR agrees to pay all attorney fees, costs, and expenses incurred by the City.

In case of work, materials, or equipment for which warranties are required by the Special Provisions, the CONTRACTOR shall provide or secure from the appropriate subcontractor or supplier such warranties addressed to and in favor of the OWNER and deliver same to the PUBLIC WORKS DIRECTOR prior to final acceptance of Work.

Deliveries of such warranties shall not relieve the CONTRACTOR from any obligation assumed under any other provisions of the Contract.

The…