Form No. CIP2.4.1 Construction General Conditions without CM for DBB Projects Revised June 12, 2026

CONSTRUCTION GENERAL CONDITIONS

FOR DESIGN-BID-BUILD (DBB) PROJECT

Project Name: La Quinta Retention Basin Upgrades

CIP Project No: 0427-STORM2

Contract Number: RFB-26-340

Form No. CIP2.4.1 i

Revised June 12, 2026

TABLE OF CONTENTS PAGE

PART I – GENERAL CONDITIONS - INFORMATION FOR BIDDERS AND

BIDDING REQUIREMENTS

1.1 ELIGIBILITY AND PREFERENCE

1.2 PRE-BID CONFERENCE

1.3 SUBMITTING BIDS

1.4 BID SECURITY

1.5 SPECIAL NOTICE

1.6 CITY OF YUMA CONTACT

1.7 WITHDRAWAL OF BID

1.8 INTERPRETATION OF PLANS AND DOCUMENTS

1.9 SUBSTITUTION OF MATERIAL OR EQUIPMENT

1.10 ADDENDA

1.11 AWARD OR REJECTION OF BIDS

1.12 BIDDERS INTERESTED IN MORE THAN ONE BID

1.13 CONTRACT AND BONDS

1.14 ASSIGNMENT OF CONTRACT

1.15 CONTRACT TIME

1.16 COMPLIANCE WITH PERMIT CONDITIONS

1.17 CITY’S REPRESENTATIVE

1.18 SEPARATE CONTRACTS

1.19 BID PROTESTS

1.20 NO COLLUSION IN BIDING FOR CONTRACT

PART II – GENERAL CONDITIONS - DEFINITIONS

2.1 DEFINITIONS

PART III - GENERAL CONDITIONS - AWARD AND EXECUTION OF CONTRACT

3.1 AWARD

3.2 EXECUTION OF CONTRACT

3.3 CONTRACTOR'S INSURANCE

3.4 REQUIREMENT OF CONTRACT BONDS

3.5 INDEMNIFICATION

3.6 SAFETY WARRANTY

3.7 NOTICE TO PROCEED

PART IV - GENERAL CONDITIONS - COMMENCEMENT, PROSECUTION AND

PROGRESS

4.1 COMMENCEMENT

4.2 SUBCONTRACTORS

4.3 CONTRACTOR'S REPRESENTATIVE AND EMERGENCIES

4.4 CONTRACT DOCUMENTS

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Revised June 12, 2026

4.5 ERRORS AND OMISSIONS

4.6 QUALIFICATIONS FOR EMPLOYMENT

4.7 CHARACTER OF WORKERS

4.8 MAINTENANCE OF TRAFFIC

4.9 CLEANUP AND DUST CONTROL

4.10 SANITATION

4.11 WATER

4.12 CONSTRUCTION STAKING

4.13 BLUE STAKE

4.14 UTILITIES SHOWN ON THE PLANS

4.15 UTILITIES NOT SHOWN ON THE PLANS

4.16 DRIVEWAYS AND WALKS

4.17 TREES AND SHRUBBERY

4.18 IRRIGATION DITCHES AND STRUCTURES

4.19 ROADS AND FENCES

4.20 PROTECTION OF WORK AND CLEANING UP

4.21 METHODS AND EQUIPMENT

4.22 SUSPENSION OF WORK

4.23 DELAYS AND EXTENSION OF TIME

4.24 CITY'S RIGHT TO CARRY OUT THE WORK

4.25 TERMINATION FOR BREACH OF CONTRACT

PART V - GENERAL CONDITIONS - CONTROL OF WORK

5.1 TIME OF WORK

5.2 ENGINEER TO INTERPRET CONTRACT DOCUMENTS

5.3 FORMAL PROTEST

5.4 PLANS

5.5 CONFORMITY WITH PLANS AND ALLOWABLE DEVIATIONS

5.6 COORDINATION AND INTERPRETATION OF PLANS AND

SPECIFICATIONS

5.7 ORDER OF WORK

5.8 COOPERATION BETWEEN CONTRACTORS

5.9 TESTING AND INSPECTION

5.10 LINES AND GRADES

5.11 USE OF SITE

5.12 STORMWATER POLLUTION PREVENTION

5.13 SEPARATE CONTRACTS TO YUMA

5.14 TESTS

PART VI - GENERAL CONDITIONS - CHANGES IN THE WORK

6.1 CHANGES IN THE WORK

6.2 PRICING OF CHANGES

6.3 ADJUSTMENT TO CONTRACT SUM OR QUANTITIES

6.4 EFFECT ON SURETIES

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Revised June 12, 2026

PART VII - GENERAL CONDITIONS - MATERIALS AND WORKMANSHIP

7.1 GENERAL

7.2 SUBSTITUTION OF MATERIAL OR EQUIPMENT

7.3 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES

7.4 MATERIALS FURNISHED BY THE CITY

7.5 STORAGE OF MATERIALS

7.6 REJECTED MATERIALS AND WORK

7.7 GUARANTEE OF WORK - WARRANTY

7.8 NO EXERCISE OF AUTHORITY BY ENGINEER AND

CONSTRUCTION MANAGER

PART VIII - GENERAL CONIDITIONS - LEGAL RELATIONS AND

RESPONSIBILITY

8.1 LAWS TO BE OBSERVED

8.2 HOURS OF LABOR

8.3 ALIEN LABOR

8.4 LABOR DISCRIMINATION

8.5 PERMITS, LICENSES, FEES, AND TAXES

8.6 PATENTED DEVICES, MATERIALS, AND PROCESSES

8.7 SURVEY LAND MONUMENTS

8.8 PROTECTION OF PERSON AND PROPERTY

8.9 CONSTRUCTION SAFETY PROGRAM AND REGULATIONS

8.10 PROTECTION OF ANTIQUITIES

8.11 CONTINGENCIES

8.12 NON-RESPONSIBILITY OF THE CITY

8.13 PROPERTY RIGHTS IN MATERIAL

8.14 PROTECTION OF FINISHED OR PARTIALLY FINISHED WORK

8.15 ADMINISTRATIVE CLAIMS

PART IX - GENERAL CONDITIONS - COMPLETION OF WORK, LIQUIDATED

DAMAGES AND FINAL ACCEPTANCE

9.1 FAILURE TO COMPLETE WORK WITHIN TIME FOR

COMPLETION AND LIQUIDATED DAMAGES

9.2 COMPLETION/LIQUIDATED DAMAGES

9.3 SPECIAL DAMAGES

9.4 FINAL CLEANING UP

9.5 RECORD DRAWINGS

9.6 COMPLETION AND INSPECTION

9.7 FINAL ACCEPTANCE

PART X - GENERAL CONDITIONS - PAYMENTS TO CONTRACTORS

10.1 GENERAL

10.2 PARTIAL PAYMENT

10.3 PAYMENT OF ITEMS IN BID

10.4 PAYMENT FOR EXTRA WORK & FOR CHANGES IN THE WORK

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Revised June 12, 2026

10.5 ASSIGNMENT OF PAYMENTS

10.6 FINAL PAYMENT AND CONTRACT CLOSEOUT

10.7 USE OF OWNER’S ALLOWANCE

SPECIAL CONDITIONS………………………….…………………..

La Quinta Retention Basin Upgrades Project No.: CIP-0427-STORM2

RFB-26-340

Form No. CIP2.4.1 1 Construction General Conditions for DBB Project without CM Revised June 12, 2026

PART I

GENERAL CONDITIONS

INFORMATION FOR BIDDERS AND BIDDING REQUIREMENTS

1.1 ELIGIBILITY AND PREFERENCE

Contracting with Contractors and Subcontractors under the Contract Documents shall be governed by the provisions of Title 34 of the Arizona Revised Statutes, as amended.

1.1.1 Bidder Qualifications

1.1.1.1 Key Personnel is defined as individuals who will be directly assigned to this Project and includes, but is not limited to, the owner, Principals of the Bidder, the Project Manager, the Project Superintendent, the scheduler, the Bidder’s construction engineer, and supervisory personnel such as the foremen who will be directly assigned to this Project. Resumes of Key Personnel shall be submitted upon request by City. “Successful completion” means completion of a project within the established schedule and budget.

1.1.1.2 If requested by the City, the three apparent lowest Bidders shall submit the following documentation for City’s review, and City may base its award of a Contract on the information submitted:

A. Evidence of loss history and underwriting criteria

B. Bidder’s safety program, including Experience Modifier (EMR)

C. CPA certified audits for the past three years of operations

D. Similar documents deemed necessary by City

The documents shall be submitted to the City no later than 72 hours following the request from City.

1.1.1.3 The City may also conduct any investigation it deems necessary to determine the Bidder’s ability to perform the Work required by the Contract Documents. The purpose for requiring these documents is to assist the City in evaluating the ability of each potential contractor to perform the Work in accordance with the Contract Documents.

1.2 PRE-BID CONFERENCE

A pre‑bid conference is scheduled to be held onsite at 2959 South Broken Arrow Lane, Yuma, Arizona, on August 18, 2026, at 9:00 AM. Attendance at this conference is not mandatory, but it is highly recommended that all prospective bidders attend to become familiar with the project. All questions shall be submitted through the Procurement Portal prior to the Question Due Date stated.

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Revised June 12, 2026

1.3 SUBMITTING BIDS

1.3.1 Before submitting a bid, Bidder shall carefully examine the Plans, Specifications and all other Contract Documents, visit the Site of the Work, fully inform themselves as to all existing conditions and limitations, and shall include sums in the bid covering the cost of each item included in the Contract.

1.3.2 Bidder shall include in the Contract Sum all applicable taxes, permit fees and other costs to Bidder.

1.3.3 Bidder shall include in the total bid price all Contractor’s allowances stated in the BidTable of the Contract Documents. Any required allowances are set forth in the BidTable. Unless otherwise provided in the Contract Documents:

1.3.3.1 Allowances shall cover the cost to Contractor (less any applicable trade discount) of the Materials including equipment required by the allowance, delivered at the site, and all applicable taxes, overhead, profit handling and other General Condition costs, unless Unit Bid Rates are available in the BidTable. Unit Bid Rates from the BidTable shall be used to determine the cost of a change to be paid from an Allowance, when applicable.

1.3.3.2 Any remaining Allowance Amount shall be returned to the City at the end of the project by deductive change order.

1.3.3.3 Whenever the cost is more or less than the allowance, the Contract Price shall be adjusted accordingly by Change Order, the amount of which will recognize changes, if any, overhead, profit and other expenses.

1.3.4 Lump Sum and Unit Prices bid shall include overhead, profit, bonds, taxes, handling and other General Condition costs.

1.3.5 No bid shall be considered which is deemed as an irregular bid or which fails to conform in all material respects to the Plans, Specifications and Contract Documents. Bids may be deemed irregular and may be considered non-responsive for any of the following reasons:

1.3.5.1 If the bid is incomplete.

1.3.5.2 If the Bidder does not supply or has improper or inadequate state contractor’s license(s), to perform the Work.

1.3.5.3 If there are unauthorized additions, statements, interlineations, alterations, conditional or alternate bids or other irregularities of any kind.

1.3.5.4 If the Bidder adds any provisions reserving the right to accept or reject an Award or to enter into a Contract pursuant to an Award.

1.3.5.5 If the Bidder fails to submit any required document as stated as a Required Document listed in the procurement portal, or, when requested, the Bidder fails to submit any documents or information pursuant to Section 1.1.1.2.

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1.3.6 Bids shall be received through the City’s Procurement Portal https://yumaaz.bonfirehub.com by 11:00 AM AZ Time on 09/03/26. It is the sole responsibility of the Bidder to see that their bid is submitted by the deadline. Once the bid has been successfully submitted prior to the deadline, the bidder will receive an email notification confirming successful bid submission.

1.3.7 Each and every provision of law and clause required by law to be inserted in the Contract shall be deemed to be inserted so that the Contract shall be read and enforced as though it were included therein.

1.3.8 Bidders shall familiarize themselves with the provisions of the laws, codes and regulations of the State of Arizona, Yuma, Yuma County, local agencies and municipalities that have jurisdiction at the location of the Site. Contractors shall comply with, and require all Subcontractors to comply with, all state and local contractor’s license laws.

1.3.9 Bids must remain valid for 90 days following bid opening.

1.3.10 Submit all required documents per the Requested Information section in the Procurement Portal. Ensure all documents match the requested Title as specified per the Requested Information.

1.3.11 Public bid opening will be conducted on 09/03/26 at 11:10 AM AZ Time via Microsoft Teams, Meeting ID: 250 375 466 245 Passcode: GNHyjB.

1.4 BID SECURITY

1.4.1 Pursuant to A.R.S. § 34-201, the bid shall be accompanied by a copy of a certified check, cashier's check or Bid Bond from a surety company holding a certificate of authority to transact surety business in the State of Arizona issued by the Director of the Department of Insurance pursuant to Title 20, Chapter 2, Article 1 of the Arizona Revised Statutes, and any amendments. The Bonds shall be made payable and acceptable to City. The Bid Bond shall be for an amount equal to at least ten percent (10%) of the bid, payable without condition to City as a guarantee that the Bidder, if awarded the Contract, will promptly execute such Contract in accordance with the bid and in manner and form required by these Contract Documents and will furnish good and sufficient bond for the faithful performance of the same. The surety Bond shall not be executed by an individual surety or sureties.

1.4.2 The lowest responsive, responsible bidder shall provide the original bid security (to the Procurement Division) that was submitted through the City’s procurement portal within three days after notification by the City. The bid security of the successful Bidder will be retained until the Contract is signed and satisfactory Bonds and Certificates of Insurance furnished, or other disposition made thereof.

1.5 SITE INVESTIGATION AND REPRESENTATIONS

The Bidder must be acquainted with the nature and location of the Work and general and local conditions, particularly those bearing upon transportation, disposal, handling and storage of materials, availability of labor, water, electric power, roads and uncertainties of weather, the conformation and condition of the ground, the character, quality and quantity of surface and subsurface materials to be encountered, the https://yumaaz.bonfirehub.com/

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Revised June 12, 2026 character of equipment and facilities needed before and during performance of the Work and all other matters which can in any way affect the Work or costs under this contract.

Any failure by the bidder to acquaint himself with information concerning these conditions does not relieve the responsibility for properly estimating the difficulty or cost of successfully performing the Work. The City assumes no responsibility or liability for any understanding or representations made by any of its employees or agents during or prior to the execution of this contract, unless (1) such understanding or representations are expressly stated in the contract, and (2) the contract expressly provides that the responsibility is assumed by the City.

1.6 CITY OF YUMA CONTACT

All communication concerning this solicitation must be directed to the Procurement Division through the Procurement Portal. No other City official or employee is empowered to speak for the City with respect to the solicitation. Any Contractor seeking to obtain information, clarification, or interpretations from any City official or employee other than submittal via the Procurement Portal is advised that such material is used at the firm’s own risk. The City will not be bound by any such information, clarification, or interpretation. Contractors are specifically instructed to not contact any design professional for information, clarification or interpretation concerning this project. Any such contact may result in the Bid being disqualified.

Contractors shall not have any communication with any City employee at any time prior to deadline for submissions. Contact by a Contractor regarding this Bid with a City employee may be considered grounds for rejection of the Bid.

Because any questions submitted require adequate time for response preparation, Contractors are asked to submit all questions by the date and time indicated in this solicitation.

Questions must be received through the Procurement Portal by 11:00 AM AZ Time on, 08/25/26 so that a response may be posted as an addendum to the RFB through the Procurement Portal.

1.7 WITHDRAWAL OF BID

Any Bidder may withdraw or revise his bid by written request to the City, at any time prior to the deadline for bid submittal as set forth in the Request for Bids. Any withdrawal or revision must be signed by the person indicated on the Authorized Signature Form. If a Bidder withdraws his bid after the time set for opening bids, the Bid Bond is subject to forfeiture as liquidated damages.

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Revised June 12, 2026

1.8 INTERPRETATION OF PLANS AND DOCUMENTS

1.8.1 If a Contractor is contemplating submitting a bid for the proposed Work is in doubt as to the true meaning of any part of the Plans, Specifications or other Contract Documents, or finds discrepancies in or omissions from the Plans or Specifications, Contractor may submit to the City a written request for an interpretation or correction thereof. The request must be submitted through the City’s Procurement Portal at least seven (7) days prior to bid opening.

Any interpretation or correction of the Contract Documents will be made only by Addendum.

The City will not be responsible for any other explanations or interpretations of the Contract Documents.

1.8.2 Should conflicts occur in or between Plans and Specifications, Contractor is deemed to have estimated the more expensive of the two unless Contractor has asked for and obtained a written decision as required in Section 1.8.1 before submission of Contractor’s bid as to which method or Materials will be required.

1.9 SUBSTITUTION OF MATERIAL OR EQUIPMENT

1.9.1 Where an item or Material is specified by a trade or manufacturer's name, it is done for the purpose of establishing a basis of quality, and not for the purpose of limiting competition, unless specifically noted. The City’s intent is to consider alternative products, which have the desired essential characteristics. The City will consider any such product offered. Requests for approval of alternative products shall be made through Bidder bidding as a prime contractor. No approvals for substitutions will be granted directly to suppliers, distributors, or subcontractors. Pursuant to A.R.S. § 34- 104-C, the following procedures will be used:

1.9.1.1 Bidders desiring to submit an alternative product for prior approval, shall submit such request through the Procurement Portal at least ten (10) days prior to the original Close Date for receiving bids, or any published extension thereof. Each such request shall include the name of the material or equipment for which it is to be substituted and a complete description of the proposed substitute, including drawings, cut sheets, performance and test data, and any other information necessary for a decision. A statement setting forth any changes in other Materials, equipment or other work that incorporation of the substitute would require shall be included. The City will consider such request and either approve or reject all alternative product submitted.

If, by the close of the seventh day prior to the original Close Date for receiving bids, the City has approved any alternative product, the Bid Documents shall be modified to include the alternative products. The City shall publish the modification (Addenda) in the same manner as the original Bid Documents at least seven (7) days prior to the original Close Date for receiving bids as stated in the procurement portal. The City’s decision of approval or disapproval of a proposed substitute shall be final.

After the award of Contract, the equivalency evaluations conducted during the bidding period may be reviewed by appointment with the City.

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Revised June 12, 2026

1.9.2 Whenever an item of Material or piece of equipment is specified with one or more named manufacturer(s) and is followed by the words “No other manufacturers will be considered,” only the listed manufacturer(s) will be considered by the City.

1.9.3 Whenever an item of Material or piece of equipment is specified with one or more named manufacturer(s), an “or equal” manufacturer shall apply whether the term “or equal” is listed or not listed within the Specifications.

1.10 ADDENDA

Any Addenda issued during the time of bidding shall become a part of the documents used by the Bidder for the preparation of his bid, shall be covered by the bid, and shall be made a part of the Contract Documents. It is the sole responsibility of the Bidder to ensure that they have received and reviewed all Addenda and submit the signed and dated Certification & Addendum Acknowledgment Form accordingly.

1.11 AWARD OR REJECTION OF BIDS

1.11.1 The Contract will be awarded to the lowest responsive and responsible Bidder determined from the Base Bid, plus any combination of Bid Alternates that the City may select, which comply with these instructions and with the Request for Bids. The City, however, reserves the right to accept or reject any or all bids, to waive any informality or irregularity in the bids received or to withhold the award for any reason the City determines. Bids will be received until the time and date designated in the Request for Bids. Bids submitted after the designated deadline will be rejected by the Procurement Portal.

1.11.2 Bids shall be publicly opened via Microsoft Teams with the amount of the bids read aloud. After the bid opening, the City shall analyze the bids and notify all Bidders of the name and bid amount of the apparent low bidder, or, if the analysis results in a recommendation to award the Contract to a Bidder other than the apparent low Bidder, the Bidder who is recommended for award of the Contract.

1.11.3 The City will not accept bids or award Contracts to any person in arrears to the City for any debt or Contract, in default on any Surety bond, or otherwise deficient in any obligation to the City.

1.12 BIDDERS INTERESTED IN MORE THAN ONE BID

No person, firm, or corporation shall be allowed to make, file or be interested in more than one (1) bid for the same Work unless alternate bids are called for. A person, firm, or corporation who has submitted a sub-proposal to a Bidder, or who quoted prices on Materials to a Bidder, is not thereby disqualified from submitting a sub-proposal or quoting prices to other Bidders but must quote the same sub-proposal or price to all Bidders.

1.13 CONTRACT AND BONDS

1.13.1 The City will notify the successful Bidder that their bid has been accepted via a written Notice of Award to the address listed on the Certification Form. The form of Contract that the successful Bidder as Contractor will be required to execute, and the forms of bonds which he will be required to furnish along with a form of insurance certificate are included in the Contract Documents. The Contract, bonds, insurance certificate, and

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Revised June 12, 2026 other required forms shall be provided to Procurement Division within ten (10) days after receipt of the Notice of Award or their Bid Security shall be forfeited as provided elsewhere herein.

1.13.2 The successful Bidder, simultaneously with the execution of the Contract, will be required to furnish the following required documents:

1.13.2.1 Bonds: a Performance Bond in an amount equal to one hundred percent (100%) of the Contract Sum, and a Materials and Labor (Payment) Bond in an amount equal to one hundred percent (100%) of the Contract Sum.

Bonding companies and insurance carriers shall be "Best Rated B++ or better by the A.M. Best Company or comparable rating as determined at the sole discretion of the City. Each bond shall be executed by a surety (bonding company) duly licensed in and possessing a certificate of authority to transact surety business in the State of Arizona issued by the Director of the Department of Insurance, pursuant to Title 20, Chapter 2, Article 11 and acceptable to the City. The Surety Bond shall not be executed by an individual surety or sureties. The bonds shall be written or countersigned by an authorized representative of the surety who is either a resident of the State of Arizona or whose principal office is maintained in the State of Arizona. The Bonds shall have attached a certified copy of Power of Attorney for the signed official executing the bonds.

1.13.2.2 Insurance: a certificate of insurance complying with the requirements listed elsewhere within the Contract Documents.

1.13.2.3 Tax Liability Bond: in conformance with A.R.S. § 42-5006 and the Arizona Department of Revenue criteria concerning construction project tax liabilities and, one of the following:

A. Contractor’s name appears on the Annual Bond Exemption List (processed annually by the AZ Department of Revenue).

B. A current Tax Liability Bond Exemption Certificate, issued by the Arizona Department of Revenue, naming this specific project as being exempt.

1.13.2.4 Other: a current, fully complete W-9, and all other forms as specified in the Bid Documents or Notice of Award.

1.14 ASSIGNMENT OF CONTRACT

No assignment by Contractor of any Contract to be entered into hereunder, or any part thereof, or of funds to be received there under by Contractor, will be recognized by the City unless such assignment has had prior approval of the City and the Surety has been given due notice of such assignment in writing and has consented in writing.

1.15 CONTRACT TIME

Contractor shall commence Work under the Contract on the day indicated in the Notice to Proceed or within fourteen (14) days thereafter. Contractor shall achieve Substantial Completion within 120 calendar days after the date of the Notice to Proceed, and Final

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Completion within 30 calendar days following Substantial Completion in accordance with Section 9.2. No Work shall commence prior to issuance of a Notice to Proceed, including mobilization on site. Contractor shall at all times during the continuance of the Contract prosecute the Work with such force and equipment as are sufficient to complete it within the time specified.

1.16 COMPLIANCE WITH PERMIT CONDITIONS

This Project includes Work that may affect facilities of various agencies, including but not limited to Arizona Public Service, Kinder Morgan pipeline, ALLO Fiber, City of Yuma, Southwest Gas, Lumen (aka Verizon), Spectrum,. Applicable licenses, permits and specifications are bound herein and Contractor shall comply with all such specifications and permit conditions. Contractor is responsible for procuring all permits and licenses, paying all charges, fees and sales tax, and giving any notices necessary and incident in performing the Work unless noted otherwise. The City will exempt Contractor from paying the standard fees for permits issued by the City provided that all the permits are issued prior to the commencement of the Work.

1.17 CITY’S REPRESENTATIVE

1.17.1 This Project will be coordinated by the City’s Representative, who will: (1) oversee the progress of the Work; (2) receive submittals, requests for information and other information from Contactor; (3) make recommendations regarding Change Orders and requests for extensions of time; (4) make recommendations regarding requests for payment; (5) maintain Project records; (6) determine Substantial and Final Completion of the Project; and, (7) do other tasks related to the coordination of the Work.

1.17.2 The City’s Representative will coordinate with A/E to review and approve shop drawings, make interpretations of the Contract Documents, and make determinations regarding substitution of methods and Materials. Other duties are set forth in the Contract Documents. Drawings and Specifications and copies thereof furnished by the City are and shall remain the property of the City. They are to be used only with respect to this Project and are not to be used on any other Project.

1.17.3 All instructions to Contractor shall be forwarded through the City’s Representative.

Contractor shall not be relieved from Contractor’s obligations to perform the Work in accordance with the Contract Documents either by the activities or duties of the City’s Representative in administration of the Contract, or by inspections, tests or approvals required.

1.18 SEPARATE CONTRACTS

Separate Contracts may be let by the City to perform other or additional Work on or near the Work covered by this Contract. Contractor shall be responsible for coordinating the sequencing of the Work under those separate Contracts identified/listed in the Supplementary Conditions of the Contract Documents. The bid shall include an amount for the administration of the sequencing of these Contracts. The requirements of Section 5.8 shall apply.

1.19 BID PROTESTS

1.19.1 Bidders who are aggrieved in connection with the solicitation or award of a contract may protest to City Council in accordance with § 36-55 of City Code. The protest shall be submitted in writing to the City Administrator within ten days after the bidder knows or

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Revised June 12, 2026 should have known of the facts giving rise to the protest. The Administrator shall place the protest on the next Council agenda if not resolved prior to that time.

1.19.2 City Council shall have the authority, prior to the commencement of an action in court concerning the controversy, to settle and resolve a protest of an aggrieved bidder, offeror, contractor, actual or prospective, concerning the solicitation or award of a contract.

1.19.3 If the protest is not resolved by mutual agreement, the Purchasing Agent shall issue notice in writing of the Council's decision. The notice shall:

1.19.3.1 State the reason for the actions taken

1.19.3.2 Inform the protestor of the right to judicial review

1.19.4 A copy of the decision under this section shall be mailed or otherwise furnished immediately to the protestant and any other party intervening.

1.19.5 A decision under this section shall be final and conclusive unless fraudulent, or unless any person adversely affected by the decision commences an action in court.

1.20 NO COLLUSION IN BIDDING FOR CONTRACT

1.20.1 Pursuant to Arizona Revised Statutes Section 34-253, Contractor certifies that neither he nor anyone associated with the Contractor has directly, or indirectly entered into any agreement, participated in any collusion or otherwise taken any action in restraint of free competitive bidding in connection with this Project.

1.20.2 That Contractor has not expended nor will expend any money to influence any member of City Council, a City Department or a City employee in connection with the award of this Contract.

1.20.3 By submission of this bid, bidder and on behalf of bidder certifies, and in the case of joint bid, each party certifies as to its own organization, under penalty of perjury, that to the best of the knowledge and belief of all parties involved:

1.20.3.1 The prices of this bid have been arrived at independently, without collusion, consultation, communication, or agreement with any other Bidder or competitor, for the purposes of restricting competition or as to any matter relating to price.

1.20.3.2 Unless otherwise required by law, the prices quoted in this bid have not been knowingly disclosed by Bidder and will not be disclosed by Bidder directly or indirectly to any other bidder or competitor before bids are opened.

1.20.3.3 No attempt has been made or will be made by the Bidder to induce any other person, partnership or corporation to submit or not to submit a bid on any portion of the Project Work.

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PART II

DEFINITIONS

Wherever in these Specifications, or in other Contract Documents, the following terms are used, the intent and meaning shall be interpreted as shown below. Additional definitions and abbreviations pertaining to this Project will be found in the Supplementary Conditions.

2.1 DEFINITIONS

2.1.1 Addenda: Written and/or graphic instruments issued after Advertisement of, but prior to the opening of the bids, which clarify, correct, and make additions, deletions or revisions to the Contract Documents.

2.1.2 Advertisement: The public announcement, as required by law, inviting bids for Work to be performed or Materials to be furnished.

2.1.3 A/E: The design professional designated by the City to prepare Plans and Specifications for the Work, to make interpretations of the Contract Documents, to review and approve shop drawings and to perform other duties as set forth in the Contract between the City and A/E. May be an Architectural or Engineering firm, or City Staff.

2.1.4 Award: The formal action of City Council in accepting a bid.

2.1.5 Bid Security: Refers to the certified check, cashier's check or surety bond, which is required to be submitted with the bid to insure execution of the Contract and the furnishing of the required bonds and insurance certificates.

2.1.6 Bidder: Any individual, firm, partnership, or corporation submitting a bid for the work contemplated, acting directly or through a duly authorized agent.

2.1.7 Change Order: A document that authorizes an addition, deletion or revision in the Work or Deliverables, or an adjustment in the Contract Amount or the period of services, issued on or after the Effective Date of this Contract. The Contract Amount and/or Schedule may be changed only by Change Order.

2.1.8 City: City of Yuma, Arizona.

2.1.9 City’s Representative or City’s Agent: The authorized representative of the City, assigned to the Project Work, the Project Site or any part thereof during the performance of the Work by Contractor and until final acceptance. Yuma’s Representative may be a Project Manager, an Inspector, a Building Official or other City staff as appropriate for the Project.

2.1.10 Clerk: The duly authorized person who performs the duties of the City Clerk.

2.1.11 Construction Schedule: The schedule produced by Contractor in response to the requirements of Section 5.1.

2.1.12 Contract: The written instrument executed by Contractor and the City by which Contractor is bound to furnish all labor, equipment and Materials, to perform the Work specified and by which the City is obligated to compensate Contractor therefore at the prices set forth therein. The Contract Documents are herewith by reference made a part of the Contract as if fully set forth therein.

2.1.13 Contract Documents: Those documents, all of which together with this Contract form the

Form No. CIP2.4.1 11

Revised June 12, 2026 entire integrated agreement between the City and Contractor. Contract Documents include the Request for Bids, Information for Bidders and Bidding Requirements, Bid, Contract, General Conditions, Supplementary Conditions, Technical Specifications, Construction Schedule, Payment and Performance Bonds, Plans, A/E’s Instruction Bulletins, and all Addenda and Modifications. A Modification is (1) a written amendment to the Contract signed by both Parties, (2) a Change Order, (3) a written interpretation issued by A/E, or (4) a written order for a minor change in the Work issued by A/E.

2.1.14 Contract Sum: The total amount payable by the City to Contractor for the performance of the Work under the Contract Documents. The Contract Sum is the amount stated in the Contract and adjusted by any Change Order issued pursuant to the Contract Documents.

2.1.15 Contract Time: The time set forth in the Contract for completion of the Work required by the Contract Documents.

2.1.16 Contractor: The individual, firm, partnership or corporation that has entered into a Contract with Yuma for the Work. Contractor is required by law to be licensed in the classification of the Work to be performed and will perform work or render services as a prime contractor.

2.1.17 Days: Unless otherwise designated, days means calendar days.

2.1.18 Final Completion: The date, more fully described in Section 9.2.2, when all items of the Work are completely finished with no items of any scope outstanding or remaining to be completed, and all known defective work has been corrected. This is the date that initiates the Warranty period.

2.1.19 Improvements: Means the same as "Work."

2.1.20 Initial Construction Schedule: The schedule prepared by Contractor in accordance with Section 5.1 and which includes the Milestone and Completion Dates specified in the Contract Documents.

2.1.21 Materials: Materials incorporated in the Project, Equipment and other Supplies used in the performance of the Work.

2.1.22 Notice of Apparent Lowest Responsible Bidder: The notice given to inform all bidders of City staff’s determination of the lowest responsive and responsible Bidder and its recommendation to Council for Award of the Contract.

2.1.23 Notice of Award: The notice given to inform the successful Bidder of the Award of the Contract.

2.1.24 Notice to Proceed: A written notice given by the City to Contractor fixing the date on which Contractor will start to perform its obligations to complete the Work, or a Construction Phase, under this Contract.

2.1.25 Payment Bond: A bond furnished by Contractor and an acceptable Surety, in compliance with the requirements set forth in the Contract Documents, for the purpose of guaranteeing that Contractor promptly pays all monies due persons supplying labor or material to be used in prosecution of the Contract. Also known as a Labor and Materials Bond.

2.1.26 Performance Bond: A bond furnished by Contractor and an acceptable Surety, in compliance with the requirements set forth in the Contract Documents, for the purpose of

Form No. CIP2.4.1 12

Revised June 12, 2026 guaranteeing the faithful performance and completion of the Work covered by the Contract.

2.1.27 Plans: All approved drawings or reproductions thereof pertaining to details of the Work and which are made a part of the Contract Documents.

2.1.28 Progress Payment Application: The form that is accepted by the City and used by Contractor in requesting progress payments or final payment, and which will include such supporting documentation as is required by the Contract Documents and/or the City.

2.1.29 Project: The facility(ies), together with all on-site and off-site infrastructure, site improvements and appurtenances to be designed, constructed and installed in connection therewith, as more fully set forth and described in the Contract Documents and as are required thereby or reasonably inferred there from. May be the whole or a part.

2.1.30 Punch List: Items of Work to be completed after Substantial Completion and prior to Final Completion, which do not prevent the Project from being used for the purpose for which it is intended, and which will not prevent the issuance of a Certificate of Substantial Completion and/or Certificate of Occupancy.

2.1.31 Record Drawings: Drawings (plans) prepared after construction is complete that represent the Work accomplished under the Contract.

2.1.32 Shop Drawings: All drawings, diagrams, illustrations, schedules and other data or information specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work prior to its installation.

2.1.33 Site: The land or premises on which the Work is located, which is more fully described in the Contract Documents.

2.1.34 Specifications: The part(s) of the Contract Documents used during construction services consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work and certain administrative details applicable. May also be referred to as Standard and/or Technical Specifications.

2.1.35 Substantial Change: A Substantial Change in the Contract is any change in the scope of service for the Project that adds or deletes an item of work not originally included in the Project scope; that increases or decreases the cost of performance by more than $25,000 or one percent (1%) of the original contract value, whichever is greater; that changes the Project Schedule in a manner that modifies the schedule critical path; or that modifies a quality standard more than the allowable deviations defined in the Specifications.

2.1.36 Supplementary Conditions: Those terms and conditions applicable to the Work, which are specifically set forth in the Supplementary Conditions section of the Contract Documents.

2.1.37 Subcontractor: An individual, firm or corporation having a direct contract with Contractor for the provision of labor, materials or other services required to be performed as part of the Work at the Site for which Contractor is responsible under the Contract Documents.

2.1.38 Substantial Completion: The construction services for the Work, or an agreed upon portion thereof, has progressed to the point where, in the opinion of Yuma’s Representative, as evidenced by a Certificate of Substantial Completion and/or Certificate of Occupancy, such construction services are sufficiently complete in accordance with the Contract Documents so that the Work (or specified part) can be utilized for the purposes for which it is intended, without any outstanding concurrent Work at the site, except as may be required to complete or correct Punch List items. This may include, but is not limited to:

(i) approval by Yuma Fire Department; (ii) elevator permit; (iii) all systems in place, Form No. CIP2.4.1 13

Revised June 12, 2026 functional, and displayed to Yuma or its representative; (iv) all materials and equipment installed; (v) all systems reviewed and accepted by all consulting engineers and/or architects; (vi) draft operations and maintenance manuals and record documents reviewed and accepted by Yuma; (vii) Yuma operation and maintenance training complete; (viii) HVAC test and balance completed (Provide minimum 30 days prior to projected substantial completion); and (ix) landscaping and site work. If no such certificate is issued, Substantial Completion takes place when the construction services Work or a Construction Phase is complete and ready for final payment as evidenced by the City’s Representative’s written recommendation of final payment. The terms “substantially complete” and “substantially completed” as applied to all or part of the construction Work refers to Substantial Completion thereof.

2.1.39 Work: The word "Work", "Improvements" or "Project" includes any or all of the Improvements as described and required to be furnished pursuant to this Contract. Work includes and is the result of performing or furnishing labor and furnishing and incorporating materials, resources and equipment into the construction, and performing or furnishing services and documents as required by the Contract Documents.

2.1.40 Work Directive: Supplemental drawings or instructions, which may be issued as necessary from time to time to make clear or define in greater detail the intent of the drawings and Specifications. A Change Order shall accompany a Work Directive if extra cost and/or time are known to be involved.

2.1.41 Working Days: Days exclusive of Saturday, Sunday and City recognized legal holidays.

Form No. CIP2.4.1 14

Revised June 12, 2026

PART III

AWARD AND EXECUTION OF CONTRACT

3.1 AWARD

3.1.1 As soon as practicable after the date of opening the bids, City Council will Award the Contract to the lowest responsive and responsible Bidder or will reject all bids.

3.1.2 A written Notice of Award will be sent to the successful Bidder and shall be considered issued on the day sent.

3.1.3 The low bid will be determined by the lowest net total from a fully qualified, responsive and responsible Bidder arrived at by combining the Bidder’s lump sum and unit price totals or base bid price and the bid prices of the alternates that are selected and accepted by the City. The City may accept or reject any or all alternates.

3.2 EXECUTION OF CONTRACT

3.2.1 The successful Bidder shall, within the time specified in Information for Bidders and Bidding Requirements, execute the Contract, and shall file insurance policies and/or certificates of insurance as required herein. If Contractor fails or refuses to enter into the Contract within the time stated, the City may declare a forfeiture of Contractor’s Bid Security as damages for failure to enter into the Contract.

3.2.2 Execution of the Contract by Contractor is a representation that Contractor has visited the Site, become familiar with the local conditions under which the Work is to be performed, and has correlated personal observations with the requirements of the Contract Documents.

3.3 CONTRACTOR'S INSURANCE

3.3.1 General: Contractor agrees to comply with all City ordinances and state and federal laws and regulations. Without limiting any obligations or liabilities of Contractor, Contractor shall purchase and maintain, at its own expense, hereinafter stipulated minimum insurance with insurance companies duly licensed by the State of Arizona with an AM Best, Inc. rating of A or above with policies and forms satisfactory to the City. Failure to maintain insurance as specified may result in termination of this Contract at City’s option.

3.3.2 No Representation of Coverage Adequacy: By requiring insurance herein, the City does not represent that coverage and limits will be adequate to protect Contractor. The City reserves the right to request and review any and all complete insurance policies and/or endorsements cited in this Contract but has no obligation to do so. Failure to demand such evidence of full compliance with the insurance requirements set forth in the Contract Documents or failure to identify any insurance deficiency shall not relieve Contractor from, nor be construed or deemed a waiver of, its obligation to maintain the required insurance at all times during the performance of the Contract.

Form No. CIP2.4.1 15

Revised June 12, 2026

3.3.3 Additional Insured: All insurance coverage and self-insured retention or deductible portions, except Workers Compensation Insurance and Professional Liability Insurance, if applicable, shall name, to the fullest extent permitted by law for claims arising out of the performance of the Contract, City, City’s Representative, A/E, their agents, representatives, officers, directors, officials and employees as Additional Insured as specified under the respective coverage sections of these Contract Documents.

3.3.4 Coverage Term: All insurance required herein shall be maintained in full force and effect until final acceptance of the Work or services required to be performed, including during the warranty period.

3.3.5 Primary Insurance: Contractor’s insurance shall be endorsed as primary, non-contributory insurance as respect to performance of subject Contract and in the protection of the City as an Additional Insured. Any insurance or self-insurance maintained by the City, its officials, employees, or volunteers shall be in excess of Contractor’s insurance and shall not contribute to it.

3.3.6 Occurrence Basis: All insurance coverage shall be on an occurrence basis and not a claims made basis.

3.3.7 Waiver: All policies, except for Professional Liability, but including Workers’ Compensation insurance, shall contain a waiver of rights of recovery (subrogation) against the City, its agents, representatives, officers, directors, officials and employees for any claims arising out of the Work. Contractor shall arrange to have such subrogation waivers incorporated into each policy via formal written endorsement thereto.

3.3.8 Policy Deductibles and or Self-Insured Retentions: The policies set forth in these requirements may provide coverage which contains deductibles or self-insured retention amounts. Such deductibles or self-insured retention shall not be applicable with respect to the policy limits provided to the City. Contractor shall be solely responsible for any such deductible or self-insured retention amount. The City, at its option, may require Contractor to secure payment or such deductible or self-insured retention by a surety bond or irrevocable and unconditional Letter of Credit.

3.3.9 Use of Subcontractors: If any Work under the Contract Documents is subcontracted in any manner, Contractor shall execute a written agreement with Subcontractor(s) containing the same Indemnification Clause and Insurance Requirements set forth herein protecting the City and Contractor. Contractor shall be responsible for executing the agreement with Subcontractor and obtaining Certificates of Insurance verifying the insurance requirements.

3.3.10 Evidence of Insurance: Prior to commencing any Work under the Contract Documents, Contractor shall furnish the City with Certificate(s) of Insurance, with complete policies and formal endorsements as required by the Contract Documents, issued by Contractor’s insurer(s) as evidence that policies are placed with acceptable insurers, provide the required coverage, conditions, and limits of coverage specified in the Contract Documents, and that such coverage and provisions are in full force and effect.

Confidential information such as the policy premium may be redacted from the declaration page(s) of each insurance policy, provided that such redactions do not alter any of the information required by this Contract. If a Certificate of Insurance is submitted

Form No. CIP2.4.1 16

Revised June 12, 2026 as evidence of coverage, the City shall reasonably rely upon the Certificate of Insurance as evidence of coverage but such acceptance and reliance shall not waive or alter in any way the insurance requirements or obligations of this Contract. Such certificates shall identify the Project. If any of the above cited policies expire during the life of the Contract, it shall be Contractor’s responsibility to forward renewal Certificates within fourteen (14) days after the renewal date containing all the aforementioned insurance provisions. Certificates shall specifically cite the following provisions:

3.3.10.1 The City, CM, A/E, their agents, representatives, officers, directors, officials and employees are Additional Insureds as follows:

A. Commercial General Liability – ISO Form CG 20 10 12 19 and CG 20 37 12 19 or equivalent.

B. Auto Liability – ISO Form CA 20 48 10 13 or equivalent.

C. Excess Liability – Follow Form to underlying insurance as required.

3.3.10.2 Contractor’s insurance shall be primary insurance as respects performance of Contract.

3.3.10.3 Certificate shall state that should any of the required policies be cancelled before the expiration date thereof, notice will be delivered in accordance with the policy provisions.

3.3.10.4 Project descriptive information including:

A. Project Name: La Quinta Retention Basin Upgrades

B. Project Number: 0427-STORM2

C. Contract Number: RFB-26-340

3.3.11 REQUIRED COVERAGE:

3.3.11.1 Commercial General Liability: Contractor shall maintain “occurrence” form Commercial General Liability insurance with an unimpaired limit of not less than $1,000,000 for each occurrence, $2,000,000 Products and Completed Operations Annual Aggregate, and a $2,000,000 General Aggregate Limit on a per project basis endorsed by means of ISO Endorsement CG 25 03 11 85 or equivalent. Commercial General Liability coverage specifically shall contain contractual liability insurance covering the contractual obligations of this Contract. The policy shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury. Coverage under the policy will be at least as broad as Insurance Services Offices, Inc. policy form CG 20 10 12 19 and CG 20 37 12 19 or equivalent thereof, including but not limited to, separation of insured’s clause. To the fullest extent allowed by law, for claims arising out of the performance of this Contract, City, A/E, their agents, representatives, officers, directors, officials, and employees shall be cited as an Additional Insured under Insurance Service Offices, Inc.

Commercial General Liability…