Smucker Park Proposal Pamphlet.pdf

PROPOSAL PAMPHLET

FOR

SMUCKER PARK DETENTION BASIN

CIP NO. 3.9703

June 2026

Flood Control District Department of Engineering

2351 W. 26th Street Yuma, Arizona 85364

(928) 817-5123

TABLE OF CONTENTS

SMUCKER PARK DETENTION BASIN

CIP NO. 3.9703

THE PROPOSAL PAMPHLET CONTAINS:

PROJECT NAME, LOCATION, AND GENERAL DESCRIPTION ............................. GD-1

ADVERTISEMENT FOR BIDS .................................................................................. AB-1

INFORMATION FOR BIDDERS .................................................................................. IB-1

RECEIPT ACKNOWLEDGEMENT FORM ................................................................ RA-1

PROPOSAL KIT ...................................................................................... PK-1 thru PK-11

PROPOSAL

BID SCHEDULE

BID SURETY BOND

NON-COLLUSION AFFIDAVIT

BIDDER’S PARTICIPATION, SUBCONTRACTOR AND SUPPLIER LIST

CONTRACT KIT ....................................................................................... CK-1 thru CK-6

CONTRACT

CONTRACT PERFORMANCE SURETY BOND

LABOR AND MATERIALS SURETY BOND

CERTIFICATE OF INSURANCE

CONTRACTOR’S AFFIDAVIT REGARDING SETTLEMENT OF CLAIMS ............... CA-1

GD-1

PROJECT NAME, LOCATION, AND GENERAL DESCRIPTION

PROJECT NAME:

The name of this project is Flood Control District SMUCKER PARK DETENTION BASIN, CIP NO.

3.9703.

All correspondence and documents are to reference “Smucker Park Detention Basin, CIP No.

3.9703”.

PROJECT LOCATION:

The Project is located in Yuma County, Arizona. The proposed work is located in the City of Yuma between Avenue A and East Main Canal, north of 32nd Street, Section 5, Township 9S, Range 23W.

GENERAL DESCRIPTION: A brief description of the work to be performed includes:

The project includes expansion of the existing Detention basin northwest of the existing Ray Smucker Park. The basin will be formed by connecting an earthen embankment, which will generally run parallel to, and on the east side of the East Main Canal and will tie into the existing slope on the north and south side of the project. The new detention basin includes an elevated access way bifurcating the basin from east to west. An underground pipe will hydraulically connect north end of the basin to the outlet pipe, which will be constructed near the south end of the basin. One existing large, highly specialized concrete box culvert entering the basin from the east will bring storm water to the basin from 28th Street while a temporary 12” storm drain bypass at Westridge Drive will bring stormwater to basin during construction of the new 42” storm drain system.

A pathway will be constructed on top of the embankment with ramps leading down into the basin area. This pathway will connect to the future multi-use pathway system along the east bank of the East Main Canal. A connection ramp for this purpose is being constructed at the south end of the basin.

A new asphalt access road and turn-around area for vehicles are included as part of this project.

The alignment of the access road generally follows the existing asphalt/dirt roadway.

Project also includes a new storm drain system at Avenue A & 28th Street and Avenue A & Westridge Drive, and includes new storm drain pipe, catch basins and asphalt replacement.

AB-1

Yuma County

ADVERTISEMENT FOR BIDS

Smucker Park Detention Basin, CIP No. 3.9703

NOTICE IS HEREBY GIVEN THAT sealed proposals or bids will be received in the Office of the Clerk of the Yuma County Board of Supervisors, at the Yuma County Administration Building, 197 S. Main Street, Yuma, Arizona 85364 until 1:30 P.M. (M.S.T.) on June 26, 2026 for the construction of the Smucker Park Detention Basin, Yuma County, Arizona, and work incidental thereto. Bids will then be publicly opened and read aloud. Each bid must be submitted in accordance with the Project's Proposal Pamphlet and on the forms provided therein including, the non-collusion affidavit and a certified or cashier's check or bid bond in the amount of ten percent of the total amount of the bid.

The proposed work is located in the City of Yuma between Avenue A and East Main Canal, north of 32nd Street. The work consists of but is not limited to construction of a new detention basin, storm drain improvements, culverts, headwalls, removal and installation of sanitary sewer miscellaneous improvements.

The amount programmed for the base bid is $4,500,000.00. The Project shall be complete and in place within 180 calendar days from the Notice-to-Proceed.

Project plans, specifications, proposal pamphlet and contract documents may be examined and copies obtained at the office of the Yuma County Department of Engineering, 2351 W. 26th Street, Yuma, Arizona, 85364, telephone (928) 817-5123, and online at http://www.yumacountyaz.gov/rfp.

To be placed on the Plan Holder's List and receive addenda and other notices, prospective bidders on this Project MUST register by submitting the “Receipt Acknowledgement Form” within the Proposal Pamphlet.

All bids must be in a sealed envelope and plainly marked: “Smucker Park Detention Basin CIP No.

3.9703”.

The Yuma County Flood Control District Board of Directors reserves the right to reject any or all bids and to waive any informalities or irregularities in a bid, as it may deem in the best interest of the District.

Yuma County Flood Control District, Arizona

//S// Alan Quintero Alan Quintero, P.E.

Yuma County Flood Control Manager

Yuma Sun: June 5th & June 12th, 2026 http://www.yumacountyaz.gov/rfp

IB-1

INFORMATION FOR BIDDERS

Project Name: Smucker Park Detention Basin, CIP No. 3.9703

1. All persons wishing to submit bids should secure plans, specifications and a proposal pamphlet from the Yuma County Department of Engineering, 2351 W. 26th Street, Yuma, Arizona 85364. Telephone [928] 817-5123. A refundable deposit of $100.00 per set is required. An electronic version is available online at www.yumacountyaz.gov/rfp .

It is the Bidder’s sole responsibility to insure they have all addenda, and notices prior to submitting a bid.

2. To be placed on the Plan Holder's List and have addenda and other notices sent to them, prospective bidders on this project must register by submitting the Receipt Acknowledgement Form within the Proposal Pamphlet.

3. To be accepted, a bid must contain the entire Proposal Kit [PK pages] included in this

Proposal Pamphlet. All forms therein must be completed and signed by an owner or authorized agent as indicated. No substitute forms or submittals by facsimile or other electronic means will be accepted.

4. All blank spaces for items being bid must be completely filled in on the Bid Schedule.

Blank spaces requiring dollar amounts must be filled in with dollar amounts. If a line item unit price is left blank, the price will be considered as zero ($0.00) and extended as such.

5. The Advertisement for Bids is included in this Proposal Pamphlet and outlines the place and time for receipt of bids along with other information.

6. This competitive bid is being conducted in accordance with the provisions of Arizona

Administrative Code, Title 2, Chapter 7 as modified by the “Bidding Requirements and Conditions" found in the Yuma County Public Works Standards Volume II, Section 102 of the Construction Specifications.

7. The construction of this Project is to be completed in 180 calendar days from the date of Notice to Proceed.

8. The successful bidder, within ten days after receipt of the notice of award, shall complete and execute the Contract Kit [CK pages] and submit them to the Yuma County Department of Engineering.

9. The project manager for this Project is Alan Quintero, Yuma County Department of

Engineering, 2351 W. 26th Street, Yuma, Arizona 85364. Direct questions in writing or email alan.quintero@yumacountyaz.gov. All inquiries from bidders shall be sent in writing via email or carrier service prior to 72 hours of the scheduled bid opening. No inquiries will be accepted after that time.

http://www.yumacountyaz.gov/rfp

RA-1

RECEIPT ACKNOWLEDGEMENT FORM

Project Name: Smucker Park Detention Basin, In order to be placed on the Plan Holder's list and receive notification regarding addenda, bidder[s] must submit this form to:

Email: Melinda.Barrett@yumacountyaz.gov Please use the project name and CIP number in the subject line

Yuma County Department of Engineering

2351 W. 26th Street

Yuma, AZ 85364

The firm identified below may have an interest in being selected for the services described in the above noted improvement project, and requests notification in the event that any addenda or other notices are published. The County will attempt to notify plan holders by email.

Firm Name:

Signature: Date

Printed Name: Title:

Email:

Phone:

Address:

City:

State: ZIP Code:

mailto:Melinda.Barrett@yumacountyaz.gov

Proposal Kit

Smucker Park Detention Basin

PK 1 OF 8

PROPOSAL

TO: Flood Control District Board of Directors c/o Clerk of the Board of Supervisors Yuma County Administration Services Building 197 South Main Street Yuma, Arizona 85364

Project: Smucker Park Detention Basin, CIP No. 3.9703

In compliance with the Advertisement For Bids, by the Yuma County Flood Control Manager, the undersigned Bidder:

Having examined the contract documents, site of work, and being familiar with the conditions to be met, hereby submits the following Proposal for furnishing the material, equipment, labor and everything necessary for the completion of the work listed, and agrees to execute the contract documents and furnish the required contract and labor and material surety bonds and certificates of insurance for the completion of said work, at the locations and for the prices set forth on the inside pages of this form;

Understands that construction of this project shall be in accordance with all applicable Public Works Standards, Construction Specifications and Details except as otherwise required by the Project Plans and Special Provisions;

Understands that this Proposal for construction of this project shall be submitted with a proposal guarantee of cash, certified check, cashier's check or bid surety bond for an amount not less than ten (10) percent of the amount bid. Bids received containing bid bonds not in compliance with the Arizona Revised Statutes will be considered non-responsive. The use of County-supplied bond form is encouraged, but is not mandatory;

Agrees that upon receipt of Notice of Award, from Yuma County, Bidder will execute the contract documents within ten (10) calendar days;

Understands that the work shall be completed in 180 calendar days from the effective date specified in the Notice to Proceed;

Hereby acknowledges receipt of and agrees Bidder’s Proposal is based on the following Addenda (listed by number and date issued):

Number Date Number Date

(List any additional addenda on the back of this sheet)

And, hereby submits the following Bid Schedule of units and quantities as a part of this Proposal:

ITEM

No. DESCRIPTION UNIT QTY UNIT PRICE TOTAL AMOUNT

100.01 Storm Water Pollution Prevention Plan

(SWPPP)

L.Sum 1

105.01 Public Outreach ALLOW 1

402.01 Construction Survey & Layout L.Sum 1

403.01 Mobilization L.Sum 1

451.01 Furnish and Install Traffic Control L.Sum 1

451.02 Maintenance and Protection of Traffic FA 1

202.01 Remove Existing Pump Station & Chain Link Enclosure

L.Sum 1

202.04 Remove Existing Roll Curb L.F. 12

202.06 Remove Existing 18" Storm Drain Pipe L.F. 133

202.07 Remove Headwall Each 1

202.09 Remove Existing 18" Sanitary Sewer Pipe L.F. 678

202.10 Remove Existing Sanitary Sewer Manhole Each 2

202.11 Remove Existing Curb & Gutter L.F. 458

202.14 Remove Existing A.C. Pavement and Subgrade S.Y. 856

202.19 Remove Existing 36" Storm Drain Pipe L.F. 314

202.21 Remove Existing 48" Storm Drain Pipe L.F. 245

202.20 Remove Existing 6' Chain Link Fence L.F. 248

202.25 Remove Existing 12" Storm Drain Pipe L.F. 319

202.27 Remove Existing Catch Basin Each 9

202.29 Remove Existing Concrete Driveway and Sidewalk

S.F. 1865

202.30 Remove Existing Storm Drain Manhole Each 4

202.32 Remove and Dispose Existing 12" CA Water Line

L.F. 50

202.33 Remove Existing Fire Hydrant & Valve Box and Cover; Install Thrust Block

Each 1

202.37 Remove & Replace Existing Sign Each 1

202.38 Remove Existing Water Line (4" - 6") L.F. 35

204.02 Site Excavation C.Y. 62100

204.04 Embankment Fill C.Y. 24200

218.01 Roadway Subgrade Preparation S.Y. 3335

321.01 Aggregate Base Course TON 1662

321.02 A.C. Pavement Pathway TON 569

336.01 Permanent Pavement Replacement Per MAG Std Detail 200-1, Type A

S.Y. 831

423.03 Hand Placed RipRap, D50=4", 8" Thick C.Y. 1942

423.04 Hand Placed RipRap, D50=6", 12" Thick C.Y. 201

B-Site Clearance & Removal of Existing Improvements

A-General

C-Embankment

BID SCHEDEULE

Project: Smucker Park Detention Basin, CIP NO. 3.9703

PK 2 of 8

430.01 Stabilized Decomposed Granite Access Ramp S.Y. 2120

430.04 1" Minus Gravel S.Y. 45559

505.01 Construct Basin Outlet Structure L.Sum 1

512.01 Install Keystone Wall (County Provided) S.F. 179

340.01 Install Driveway Entrance per COY Detail 3-210 S.F. 1431

340.02 Install Curb & Gutter per COY Detail 3-120, Type "A"

L.F. 1418

340.03 Construct Curb Termination per COY Detail 3-

Each 1

340.05 5' Concrete Sidewalk, MAG Detail 230 S.F. 300

405.01 New Survey Monument per City of Yuma Co Std

Each 2

451.03 Type III Barricade per COY Detail 3-360 Each 1

451.04 Regulatory, Warning or Marker sign panel (STOP) with 2” Square post and Foundation

Each 1

416.01 Install New Wood Post and Cable Barrier L.F. 522

416.02 Reset Wood Post and Cable Barrier L.F. 458

420.02 New 6' Chain Link Fence L.F. 2955

420.04 Install 20' Wide Double Chain Link Swing Gate Each 2

420.05 Install 26' Wide Double Chain Link Swing Gate Each 1

420.06 Install 6' Steel Tube Fence per COY Detail 3- 321 from Control Point 29 to 32

L.F. 355

610.03 4" DIP Water Line, Restrained L.F. 20

610.04 6" DIP Water Line, Restrained L.F. 15

610.05 12" DIP Water Line, Restrained L.F. 50

625.05 60" Polymer Manhole with 30" Pressure Manhole Frame and Cover

Each 1

625.07 Reform Manhole Base with Smooth Flow Line Each 1

625.10 Reconstruct 30” Pressure Manhole Frame and Cover

Each 3

708.01 Double 4" Yellow Reflectorized Traffic Paint L.F. 1182

708.03 12" White Stop Bar Reflectorized Traffic Paint L.F. 12

759.04 Insertion Valve, 12" Each 1

759.06 Install Fire Hydrant wth 6x6 Tapping Sleeve Each 1

759.07 Pipe Plug (Size varies per plan) Each 9

505.11 Storm Drain Junction Box L.Sum 1

532.02 Transverse Catch Basin Each 1

D-Site Work and Access Road

E-StormDrain and Outfalls

PK 3 of 8

532.03 Special Catch Basin Each 1

532.04 Catch Basin, COY Detail 11-030, 12 Grates Each 1

532.05 Catch Basin, COY Detail 11-030, 3 Grates Each 6

532.06 Curb Inlet Catch Basin Each 2

532.07 Concrete Pipe End Section (18" with Trash Grate)(County Provided)

Each 1

532.08 RipRap Plunge Basin Velocity Dissapator (Westridge Outlet)

C.Y. 218

618.01 Furnish and Install 18" RGRCP L.F. 194

618.01 Install 18" RGRCP (County Provided) L.F. 256

618.03 Furnish and Install 24" RGRCP L.F. 45

618.03 Install 24" RGRCP (County Provided) L.F. 80

618.05 Furnish and Install 42" RGRCP L.F. 316

618.05 Install 42" RGRCP (County Provided) L.F. 280

618.07 Furnish and Install 30" RGRCP L.F. 27

618.08 Install 24"x13" Elliptical RGRCP (County Provided)

L.F. 61

618.09 Furnish and Install 36" HDPE SD Pipe L.F. 245

618.10 Furnish and Install 48" HDPE SD Pipe L.F. 245

625.03 Storm Drain Manhole Each 9

625.04 Adjust Storm Drain Manhole Frame and Cover to Grade

Each 2

625.05 Reconstruct Storm Drain Manhole Frame and Cover

Each 2

625.06 Concrete Collar (36"-57") Each 3

F-Lighting

999.01 Pull Box, Street lighting Each 9

999.02 2" PVC Conduit (future lighting) L.F. 894

999.09 6" PVC Electric Sleeve (future lighting) L.F. 68

TOTAL BASE BID AMOUNT

204.03 Waste Material C.Y. 36470

TOTAL BID ALTERNATE AMOUNT

Bid Alternative

TOTAL BASE BID AMOUNT IN WORDS _______________________________________________

PK 4 of 8

PK 5 of 8

THIS PROPOSAL IS SUBMITTED BY

a corporation organized under the laws of the State of , or a limited liability company under the laws of the State of , or a partnership consisting of , or individual trading as of the City of (City, State) and is the holder of

Arizona State Contractor's license(s): (type)

Classification License No.

The Bidder hereby certifies that as of the below date, the bond amount posted with the Arizona Registrar of Contractors is $ and that the Bidder's actual volume of work has not exceeded the contemplated gross volume pursuant to Arizona Administrative Code, Title 4 Chapter 9 [Authority: ARS §32-1101 et seq.]

Respectfully Submitted, Bidder Firm

Address

City, State, ZIP

By [Signature]

Name

Title

Date

ATTEST:

[If Bidder is an Individual]

Witness:

[Signature] [Date]

Name and Title:

PK 6 of 8

BID SURETY BOND

(Penalty of this bond must not be less than 10% of the bid amount)

For: Flood Control District

KNOW ALL MEN BY THESE PRESENTS:

That we, _______________________________, as Principal, (hereinafter called the Principal), and the _____________________________________, (hereinafter called the Surety), a corporation duly organized under the laws of the State of __________________ and duly licensed and possessing a certificate of authority to transact surety business in Arizona issued by the Director of the Department of Insurance, as Surety, are held and firmly bound unto Flood Control District, State of Arizona [hereinafter called District] as Obligee, in the sum of ten percent (10%) of the total amount of the bid of Principal, submitted by Principal to the District for the work described below, for the payment of which sum, well and truly to be made, the said Principal and the said Surety bind ourselves, our heirs, executors, and administrators, successors, and assigns, jointly and severally, firmly by these presents, and in conformance with Arizona Revised Statutes [ARS].

WHEREAS, the said Principal is herewith submitting its proposal for Smucker Park Detention Basin CIP No. 3.9703.

NOW, THEREFORE, if the Obligee shall accept the proposal of the Principal and the Principal shall enter into a Contract with the District in accordance with the terms of the Proposal and give the bonds and certificates of insurance as specified in the contract documents and standard specifications with good and sufficient Surety for the faithful performance of the Contract and for the prompt payment of labor and materials furnished in the prosecution of the Contract, or in the event of the failure of the Principal to enter into the Contract and give the bonds and certificates of Insurance, if the Principal pays to the Obligee the difference not to exceed the penalty of the bond between the amount specified in the Proposal and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by the proposal then this obligation is void. Otherwise it remains in full force and effect provided, however, that this bond is executed pursuant to the provisions of ARS § 34-201, and all liabilities on this bond shall be determined in accordance with the provisions of the section to the extent as if it were copied at length herein.

Signed and sealed this day of , 20 .

Principal Firm [Seal] Surety Firm [Seal]

Principal Signature Surety Signature {NOTE: attach current power of attorney}

Name and Title Name and Title

Agency of Record

Address

PK 7 of 8

AFFIDAVIT OF NON-COLLUSION

CERTIFYING THAT THERE WAS NO COLLUSION

IN BIDDING FOR CONTRACT

STATE OF ARIZONA )

)ss

COUNTY OF: )

(Name of Individual) being first duly sworn upon oath deposes and says:

That he/she is (Title) Of and (Name of Business) that, pursuant to Section 112 of Title 23 United States Code and ARS §34-253, certifies as follows that neither he/she nor anyone associated with the company, firm, or corporation mentioned above has, either 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 project:

Smucker Park Detention Basin, CIP No. 3.9703

(Signature)

Subscribed and sworn to before me this day of , 20 .

Notary Public

My Commission Expires , 20 .

PK 8 of 8

BIDDER'S PARTICIPATION,

SUBCONTRACTOR AND SUPPLIER LIST

For: Flood Control District

This form shall be submitted along with the Proposal but placed in a separate sealed envelope.

The outside of the envelope shall bear the name of the CONTRACTOR and be marked "List of Bidder's Participation, Subcontractors, and Suppliers".

The Bidder must list below the names and addresses of all qualified subcontractors and major suppliers to be employed on the various portions of the work indicated.

The Bidder and all subcontractors shall be duly licensed in accordance with Arizona Revised Statutes at the time of the bid opening.

BIDDER,

SUBCONTRACTOR CURRENT AZ LICENSE

AND/OR SUPPLIER (SUB CONTRACTOR)

1. Earthwork/Trenching

2. Concrete

3. AC Pavement

4. Pipe

5. Riprap Supplier

6. Fencing

7. Traffic Control

8. Construction Staking

9. Electrical Conduit

10. Other

Contract Kit

Smucker Park Detention Basin

CK 1 of 6

CONTRACT

For the Construction of Smucker Park Detention Basin

THIS CONTRACT, made and entered into this ____ day of ______________, 20___, by and between ___________________________________, party of the first part, hereinafter designated the CONTRACTOR, and Flood Control District, Arizona, acting by and through its Directors, party of the second part, hereinafter designated the OWNER.

WITNESSETH: That the CONTRACTOR, for and in consideration of the sum to be paid to the CONTRACTOR by the OWNER, in the manner and at the time hereinafter provided, and of the other covenants and agreements herein contained, and under the penalties expressed in the bonds provided, hereby agrees, for CONTRACTOR, CONTRACTOR’S heirs, executors, administrators, successors, and assigns as follows:

ARTICLE I -- SCOPE OF WORK: The CONTRACTOR shall furnish any and all labor, materials, equipment, transportation, utilities, services and facilities required to perform all work for the construction of Smucker Park Detention Basin, CIP No. 3.9703 Project and to completely and totally construct the same and install the materials therein for the OWNER, in a good, workmanlike and substantial manner and to the satisfaction of the OWNER through its engineers and under the direction and supervision of the Yuma County Engineer, or the Engineer’s properly authorized agents and strictly pursuant to and in conformity with the Plans and Specifications on file with the Yuma County Department of Engineering, and with such modifications of the same and other directions that may be made by the Engineer, as provided herein, and in accordance with all applicable Yuma County Public Works Standards, regulations, and laws.

ARTICLE II -- CONTRACT DOCUMENTS: The Advertisement for Bids, Bid Schedule, Additive Bid Items, if any, Plans, Special Provisions, Addenda, if any, Proposal, Bid Surety Bond, Yuma County Public Works Standard, Vol. 1-Construction Specifications, Vol. 2-Construction Details, and Vol. 3-Storm Drainage Facilities, Affidavits, including the Contractor’s Affidavit Regarding Settlement of Claims, Contract Surety Bond, Labor and Materials Surety Bond, Certificates of Insurance, and Change Orders, if any, are by this reference made a part of this Contract to the same extent as if set forth herein in full.

ARTICLE III - LEGAL ARIZONA WORKERS ACT COMPLIANCE: To the extent applicable under A.R.S. § 41-4401, the CONTRACTOR and its subcontractors warrant compliance with the federal immigration laws and regulations that relate to their employees and compliance with the E-verify requirements under A.R.S. § 23-214(A). The CONTRACTOR or subcontractors’ breach of the above-mentioned warranty shall be deemed a material breach of the Contract and may result in the termination of the Contract by OWNER.

OWNER retains the legal right to randomly inspect the papers and records of the CONTRACTOR and its subcontractors who work on the Contract to ensure that the CONTRACTOR and its subcontractors are complying with the above-mentioned warranty. The CONTRACTOR and its subcontractors warrant to keep the papers and records open for inspection during normal business hours by OWNER and to cooperate with OWNER’s inspections.

ARTICLE IV - CONFLICT OF INTEREST: All parties hereto acknowledge that this Contract is subject to cancellation pursuant to the provisions of A.R.S. § 38-511.

ARTICLE V - TIME OF COMPLETION: The CONTRACTOR further covenants and agrees at CONTRACTORS own proper cost and expense, to do all work as aforesaid for the construction of said improvements and to completely construct the same and install the material therein, as called for by this Contract free and clear of all claims, liens, and charges whatsoever, in the manner and under the conditions specified within the time, or times, stated in the Proposal Pamphlet.

CK 2 of 6

CONTRACT (CONTINUED)

ARTICLE VI - PAYMENTS: For and in consideration of the faithful performance of the work herein embraced as set forth in the Contract Documents, which are a part hereof and in accordance with the directions of the OWNER, through its Engineer, and to the Engineer’s satisfaction, the OWNER agrees to pay the said CONTRACTOR the amount earned, computed from actual quantities of work performed and accepted or materials furnished at the unit bid price on the Proposal made a part hereof, and to make such payment in accordance with the requirements of A.R.S. Section 34-221, as amended. The CONTRACTOR agrees to discharge its obligations and make payments to its subcontractors and suppliers in accordance with A.R.S.

Section 32-1129.

ARTICLE VII – NEGOTIATION CLAUSE: Recovery of damages related to expenses incurred by

CONTRACTOR for a delay for which the OWNER is responsible, which is unreasonable under the circumstances and which was not within the contemplation of the parties to the Contract Documents, shall be negotiated between CONTACTOR and the OWNER. This provision shall be construed so as to give full effect to any provision in the Contract Documents which requires notice of delays, provides for arbitration or other procedure for settlement or provides for liquidated damages.

ARTICLE VIII – INDEMNIFICATION: The CONTRACTOR hereby agrees to defend, indemnify and save harmless the County of Yuma, Yuma County Flood Control District and any jurisdiction or agency issuing permits for any work included in the Project, their officers, agents and representatives from all suits, action, loss, damage, expense, cost, or claims of any character or any nature brought on account of any injuries or damage sustained by any person or property arising out of the work done in fulfillment of the construction of the improvement under the terms of this Contract, or on account of any act or omission by the CONTRACTOR or its agents, or from any claims of amounts arising or recovered under Workmen's Compensation laws or any other law, bylaw, ordinance, or order or decree.

ARTICLE IX – ISRAEL BOYCOTT CERTIFICATION The CONTRACTOR hereby certifies that it is not currently engaged in, and will not for the duration of this Contract engage in, a boycott of Israel as defined by A.R.S. § 35-393.01. Violation of this certification by the CONTRACTOR may result in action by Flood Control District up to and including termination of this Contract.

ARTICLE X – GOVERNING LAW: The validity, construction, effect, and enforcement of this Contract and the obligations, rights and remedies of the parties thereunder shall be governed by the laws of the State of Arizona. The venue shall be solely the appropriate state court in Yuma County.

ARTICLE XI – NONDISCRIMINATION: The parties agree to comply with all applicable state and federal laws, rules, regulations and executive orders governing equal employment opportunity, immigration, nondiscrimination, including the Americans with Disabilities Act and affirmative action.

ARTICLE XII – NON-TRANSFERABLE OR ASSIGNABILITY: CONTRACTOR shall not assign any of its rights or obligations under this Contract without the prior written consent of OWNER. Any attempt to assign without such prior written consent shall be void.

ARTICLE XIII – NON-APPROPRIATION CLAUSE: CONTRACTOR acknowledges that OWNER is a governmental entity and the Contract validity is based upon the availability of public funding under its authority. In the event that public funds are unavailable and not appropriated for OWNER’s obligations under this Contract, then this Contract shall automatically expire without penalty to OWNER after written notice to CONTRACTOR of the unavailability and non-appropriation of public funds. It is expressly agreed that OWNER shall not activate the non-appropriation provision for its convenience or to circumvent the requirements of this Contract, but only as an emergency fiscal measure.

CK 3 of 6

CONTRACT (CONTINUED)

ARTICLE XIV – CONFIDENTIALITY: Any other provision of this Contract notwithstanding, the parties acknowledge that OWNER is a public institution, and as such is subject to Arizona Public Records Act, A.R.S. §39-121, et seq. Any provision regarding confidentiality is limited to the extent necessary to comply with the provisions of state law. In the event a public records request is made for information and/or documents designated as confidential or proprietary, OWNER will notify CONTRACTOR as soon as possible.

IN WITNESS WHEREOF, the original Contract will be filed with the Clerk of the Board.

The CONTRACTOR agrees that this Contract, as awarded, is for the stated work, and understands that payment for the total work will be made on the basis of the indicated amount[s], as bid in the Proposal.

ATTEST: this day of _________________, 20___

CONTRACTOR [Party of the First Part]

Signature

Name and Title

Witness [If CONTRACTOR is an individual] Date

Name and Title

Yuma County Flood Control District [Owner -- Party of the Second Part]

Alan Quintero, P.E.

Yuma County Flood Control Manager

Approved as to Form and Authorization

This ____ day of ______________ 20_____.

Kesia Morrison Deputy County Attorney

CK 4 of 6

CONTRACT PERFORMANCE SURETY BOND

STATUTORY PERFORMANCE BOND PURSUANT TO

TITLE 34, CHAPTER 2, ARTICLE 2,

OF THE ARIZONA REVISED STATUTES

(Penalty of this Bond must be 100% of the Contract amount)

For: Yuma County Flood Control District

KNOW ALL MEN BY THESE PRESENTS:

That , (hereinafter called the Principal), as Principal, and

, (hereinafter called Surety) a corporation organized and existing under the laws of the State of with its principal office in the City of __________ , and duly licensed and possessing a certificate of authority to transact surety business in Arizona issued by the Director of the Department of Insurance, as Surety, are held firmly bound unto Flood Control District, State of Arizona (hereinafter called Obligee) in the amount of Dollars ($ ) for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, the Principal has entered into a certain written Contract with the Obligee, dated the ______day of _____________ 20___, for the Smucker Park Detention Basin, CIP No. 3.9703 Project which Contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein.

NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform and fulfill all the undertakings, covenants, terms, conditions and agreements of the Contract during the original term of Contract and any extension of the Contract, with or without notice to the Surety, and during the life of any guaranty required under the Contract, and also performs and fulfills all the undertakings, covenants, terms, conditions, and agreements of all duly authorized modifications of the Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived; then the above obligation is void. Otherwise to remain in full force and effect.

PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Title 34, Chapter 2, Article 2, of the Arizona Revised Statutes, and all liabilities on this bond shall be determined in accordance with the provisions of Title 34, Chapter 2, Article 2, Arizona Revised Statutes, to the extent as if it were copied at length herein.

The prevailing party in a suit on this bond shall be entitled to such reasonable attorney's fees as may be fixed by a judge of the Court.

Witness our hands this day of , 20 .

Agency Address

Surety Firm [Seal] Principal Firm [Seal]

By By Surety Signature {Attach current power of attorney} Principal Signature

CK 5 of 6

LABOR AND MATERIALS SURETY BOND

STATUTORY PAYMENT BOND PURSUANT TO

TITLE 34, CHAPTER 2, ARTICLE 2,

OF THE ARIZONA REVISED STATUTES

(Penalty of this Bond must be 100% of the Contract amount)

For: Yuma County Flood Control District

KNOW ALL MEN BY THESE PRESENTS:

That, , (hereinafter called the Principal), as Principal, and , (hereinafter called Surety) a corporation organized and existing under the laws of the State of with its principal office in the City of , and duly licensed and possessing a certificate of authority to transact surety business in Arizona issued by the Director of the Department of Insurance, as Surety, are held firmly bound unto Flood Control District, State of Arizona (hereinafter called Obligee) in the amount of Dollars ($ ) for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, the Principal has entered into a certain written Contract with the Obligee, dated the day of 20___, for the Smucker Park Detention Basin, CIP No. 3.9703 ProjecT which Contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein.

NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal promptly pays all moneys due to all persons supplying labor or materials to the Principal or the Principal’s subcontractors in the prosecution of the work provided for in the Contract, this obligation is void, otherwise it remains in full force and effect.

PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Title 34, Chapter 2, Article 2, of the Arizona Revised Statutes, and all liabilities on this bond shall be determined in accordance with the provisions, conditions and limitations of Title 34, Chapter 2, Article 2, Arizona Revised Statutes, to the same extent as if they were copied at length in this agreement.

The prevailing party in a suit on this bond shall recover as a part of the judgment reasonable attorney fees that may be fixed by a judge of the court.

Witness our hands this day of , 20 .

Agency Address

Surety Firm [Seal] Principal Firm [Seal]

By By Surety Signature {Attach current power of attorney} Principal Signature

CK 6 of 6

YUMA COUNTY FLOOD CONTROL DISTRICT

CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY)

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. IF SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

NAME AND ADDRESS OF INSURANCE AGENCY: *INSURERS AFFORDING COVERAGES: NAIC#

Company Letter A

Company Letter B

Company Letter C

NAME AND ADDRESS OF INSURED: Company Letter D

Company Letter E

Company Letter F

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM, OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

Insr

LTR

TYPE OF INSURANCE

Addl

INSR

SUBR

WVD

POLICY

NUMBER

POLICY EFF

(MM/DD/YY)

POLICY EXP

(MM/DD/YY)

LIMITS

GENERAL LIABILITY:

COMMERCIAL GENERAL LIABILITY X X

EACH OCCURRENCE

$2,000,000

: CLAIMS MADE : OCCUR

: BODILY INJURY PERSONAL & ADV INJURY $2,000,000

: BLANKET CONTRACTURAL

: BROAD FORM PROPERTY

GENERAL AGGREGATE

$2,000,000

DAMAGE

GEN’L AGGREGATE LIMIT APPLIES PER

PRODUCTS/ COMP/OP AGG $2,000,000

: POLICY : PROJECT : LOCATION

AUTOMOBILE LIABILITY: X X

COMBINED SINGLE LIMIT

(EA Accident)

BODILY INJURY

(Per Person)

BODILY INJURY

(Per Accident)

PROPERTY DAMAGE

(Per accident)

$1,000,000

: ANY AUTO

: ALL OWNED AUTOS

: HIRED AUTOS

: ALL NON-OWNED AUTOS

: EXCESS/UMBRELLA LIABILITY

: Claims Made : Occur : Deductible

: Retention

EACH OCCURRENCE

AGGREGATE

: WORKERS’ COMPENSATION

AND EMPLOYERS’

LIABILITY

Any Proprietor/Partner/Executive Office/Member Excluded : YES : NO If Yes describe under Special Provisions

N/A

: WC STATUTORY LIMITS

E.L: EA ACCIDENT

E.L. DISEASE: EACH

EMPLOYEE

E.L. DISEASE: POLICY LIMIT

$1.000,000

SPECIAL PROVISIONS: The policies required hereunder, except Workers’ Compensation, contain a waiver of transfer of rights of recovery (subrogation) against Flood Control District, its agents, representatives, officers, directors, officials, and employees for any claims arising out of Contractors work or service. Except Workers’ Compensation, the District, its agents, representatives, officers, directors, officials, employees, and are named as Additional Insureds. To the extent provided in this Contract, insured shall defend, indemnify, and hold harmless the District from liability arising out of any services provided or duty performed by insured as required by statute, law, purchase order or otherwise required, with the exception of liability for loss or damage resulting from the sole negligence of the District, its agents, employees, or indemnities. It is agreed that any insurance available to the named insured shall be primary of all other sources that may be available and insurance maintained by the District shall not contribute to it.

Renewal certificate must be sent to the District fifteen (15) days prior to expiration date THIS CERTIFICATE IS NOT VALID UNLESS COUNTERSIGNED BY AN AUTHORIZED

REPRESENTATIVE OF THE INSURANCE COMPANY.

CERTIFICATE HOLDER

YUMA COUNTY FLOOD CONTROL DISTRICT

2351 W. 26TH STREET

YUMA, ARIZONA 85364

CANCELLATION

It is further agreed that no policy shall expire, be cancelled, or materially changed to affect the coverage available to the District without thirty (30) days written notice to the County.

AUTHORIZED REPRESENTATIVE SIGNATURE DATE ISSUED

CA 1 of 1

Yuma County

CONTRACTOR'S AFFIDAVIT

REGARDING

SETTLEMENT OF CLAIMS

PART 100, SECTION 109, GENERAL CONDITIONS

Yuma County Flood Control District, Arizona

To Whom it may concern:

This is to certify that all lawful claims for materials, rental of equipment and labor used in connection with the construction of the above PROJECT, whether by subcontractor or claimant in person, have been duly discharged.

The undersigned, for the consideration of $ , as set out in the final pay estimate, as full and complete payment under the terms of the CONTRACT, hereby waives and relinquishes any and all further claims or right of lien under, in connection with, or as a result of the above described PROJECT. The undersigned further agrees to indemnify and save harmless Flood Control District against any and all liens, claims of liens, suits, actions, damages, charges, and expenses whatsoever, which said District may suffer arising out of the failure of the undersigned to pay for all labor, performance and materials furnished for the performance of said installations.

Signed and dated at , this day of , 20 .

Contractor

Signature

Name Title

STATE OF ARIZONA )

) ss County of Yuma )

The foregoing instrument was subscribed and sworn to before me this day of , 20 .

Notary Public My Commission Expires: