Central Park Well Pump System Bid Packet.pdf

Graham County

Graham County Central Park Well Pump System

REQUEST FOR BID

Installation of a new ground well pumping system

Project Location: 5434 W Coombs St, Central, AZ 85552

PROJECT BID #26/27-1

Issued by: Graham County Board of Supervisors

Bids must be submitted no later than 6:00 PM Thursday, September 3, 2026 to:

Graham County 921 West Thatcher Blvd., Safford, AZ 85546

Mandatory meeting with Graham County Staff prior to submitting a bid.

LATE BIDS WILL BE REJECTED

Bids will be opened at a Graham County Board of Supervisors meeting on September 8, 2026 at

8:00 AM.

For further information regarding this bid contact Dustin Welker at (928) 428-3250

Email: dwelker@graham.az.gov

1.0 GENERAL INFORMATION AND SCOPE

Graham County requests bids to furnish all labor, equipment, and materials required to install a new pump system capable of supplying constant pressure for the park’s irrigation needs located at 5434 W Coombs St, Central, AZ 85552.

The attached Standard Terms and Conditions shall govern this bid unless specifically modified in these bid documents. Conditions of bid that include the word "must" or "shall,” describe a mandatory requirement. All specifications are defined as mandatory minimum requirements unless otherwise stated. If no bidder is able to comply with a given specification or condition of bid, the County reserves the right to delete that specification or condition of bid. Contractors may not submit their own contract document as a substitute for these terms and conditions. The

County reserves the right to reject any or all bids, to waive technicalities or to accept any bid which, in its judgement, will be in the best interest of the public.

Retain a copy of these Bid documents for your files. Should you receive an award, these Bid documents become your contract terms and conditions.

2.0 QUESTIONS

If a contractor discovers any significant ambiguity, error, conflict, discrepancy or omission in this bid, the bidder shall notify the County of such error and request a modification or clarification.

Any communications or questions regarding the specifications, or special conditions of bid should be written and submitted to the County at the earliest convenience. The County will respond to questions if deemed necessary by issuing the information to all potential bidders that have contacted the County.

3.0 BID SUBMISSION

Bidder must submit a total price as designated and Bidder must bid on the enclosed Bid Offer

Form. Bidders must submit an original and one copy including all required materials for acceptance of their bid by the date and time listed on the Bid Cover Sheet. Any bids received after that time and date will be rejected. Receipt of a bid by the US mail system does not constitute receipt of a bid by the County.

Faxed and e-mailed bids are not accepted. Bids must be delivered to:

Graham County 921 West Thatcher Blvd., Safford, AZ 85546.

All bids are to be packaged, sealed, and show the following information on the outside of the package:

- Contractor's Name and Address

- Request for Bid Title

- Request for Bid Number

4.0 BID RESPONSE REQUIREMENTS

In order for your bid to be considered, the following information must be provided by the due date and time listed on the bid cover page. Failure to include any required documents may disqualify your bid. Include an original and a copy:

4.1 Signature and Authority Affidavit Form, Attachment A

4.2 References Sheet, Attachment B

4.3 Bid Offer Form, Attachment C

The Signature and Authority Affidavit submitted in response to this BID must be signed by the person in the Contractor's organization who is responsible for the decision as to the prices being offered in the Bid or by a person who has been authorized in writing to act as agent for the person responsible for the decision on prices and services. Failure to provide these forms/information with your bid submittal may disqualify your bid.

5.0 METHOD OF AWARD

Award(s) shall be made on the basis of the lowest total cost from a responsive, responsible bidder who meets specifications. Timeliness of delivery may be considered when making this award.

6.0 BIDDER/CONTRACTOR QUALIFICATIONS

To be eligible for a contract award, you must be qualified and able to provide the following:

6.1 Bidder must supply references of three firms to which similar services have been provided. If contacted, all of those references must verify that a high level of satisfaction was provided. Use

Attachment B to list references.

6.2 Bidder must be in the associated business for the past three years.

7.0 INSURANCE REQUIREMENTS

7.1 Contractor and subcontractors shall procure and maintain, until all of their obligations have been discharged, and any warranty periods under this Agreement are satisfied, insurance against claims for injury to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees, or subcontractors.

7.2 The insurance requirements herein are minimum requirements for this Agreement and in no way limit the indemnity covenants contained in this Agreement.

7.3 If Contractor maintains broader coverage and/or higher limits than the minimums contained herein, Graham County requires and shall be entitled to the broader coverage and/or higher the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage, which are applicable to a given loss, shall be available to Graham County.

7.4 Graham County in no way warrants that the minimum limits contained herein are sufficient to protect Contractor from liabilities that might arise out of the performance of the work under this Agreement by Contractor, its agents, representatives, employees, or subcontractors.

Contractor is free to purchase additional insurance as may be determined necessary.

7.5 Contractor shall provide coverage with limits of liability not less than those stated below:

A. Commercial General Liability – Occurrence Form

Policy shall include bodily injury, property damage, ongoing and completed operations, and broad form contractual liability.

General Aggregate $2,000,000

Products – Completed Operations Aggregate $1,000,000

Personal and Advertising Injury $1,000,000

Each Occurrence $1,000,000

1. The policy shall be endorsed to include the following additional insured language: "The County of Graham shall be named as an additional insured with respect to liability arising out of the activities performed by, or on behalf of, the Contractor."

2. Commercial General Liability Additional Insured Endorsement shall include

Contractor’s ongoing and completed operations.

3. Policy shall contain a waiver of subrogation endorsement, as required by this

Agreement, in favor of Graham County and its departments, agencies, officers, officials, agents, employees, and volunteers for losses arising from work performed by, or on behalf of, Contractor.

4. Contractor’s subcontractors shall be subject to the same minimum requirements identified above. Contractor shall be responsible for ensuring and/or verifying that all subcontractors have valid and collectible insurance as evidenced by the certificate of insurance and endorsements for each subcontractor.

B. Business Automobile Liability

Bodily injury and property damage for any owned, hired, and non-owned vehicles used in the performance of this Agreement.

Combined Single Limit (CSL) $1,000,000

1. The policy shall contain, or be endorsed to contain, the following additional insured language: “The County of Graham as an additional insured with respect to liability arising out of the activities performed by, or on behalf of, Contractor, including automobiles owned, leased, hired, or borrowed by Contractor.”

2. Contractor’s subcontractors shall be subject to the same minimum requirements identified in this section. Contractor shall be responsible for ensuring and/or verifying that all subcontractors have valid and collectible insurance as evidenced by the certificates of insurance and endorsements for each subcontractor.

C. Worker’s Compensation and Employers’ Liability

Worker’s Compensation Statutory

Employers’ Liability

Each Accident $1,000,000

Disease – Each Employee $1,000,000

Disease – Policy Limit $1,000,000

D. Waiver of Subrogation

Policy shall contain a waiver of subrogation endorsement, as required by this Agreement, in favor of Graham County and its departments, agencies, officers, officials, agents, employees, and volunteers for losses arising from work performed by, or on behalf of, Contractor. This requirement shall not apply to each Contractor or subcontractor that is exempt under A.R.S. § 23-901, and when such Contractor executes the appropriate waiver form (Sole Proprietor or Independent Contractor).

E. Contractor’s Subcontractors shall be subject to the same minimum requirements identified in this section. Contractor shall be responsible for ensuring and/or verifying that all subcontractors have valid and collectible insurance as evidenced by the certificates of insurance and endorsements for each subcontractor.

F. Additional Insurance Requirements. The policies shall include, or be endorsed to include, the following provision:

Contractor's insurance coverage shall be primary insurance and include

Contractor’s ongoing and completed operations and any insurance carried by

Graham County shall be excess and non-contributory with respect to all other available sources.

G. Notice of Cancellation. For each insurance policy required by the insurance provisions of this Agreement, Contractor shall provide to Graham County, within two (2) business days of receipt, a notice if a policy is suspended, voided, canceled, reduced in coverage, or endorsed to lower limits. Such notice shall be mailed or hand-delivered to Dustin Welker, Graham

County Manager, 921 W. Thatcher Blvd., Safford, AZ, 85546 or e-mailed to dwelker@graham.az.gov.

H. Acceptability of Insurers. Insurance is to be placed with insurers duly licensed or approved unlicensed companies in the State of Arizona and with an

“A.M. Best” rating of not less than A- VIII. Graham County in no way warrants that the above-required minimum insurer rating is sufficient to protect

Contractor from potential insurer insolvency.

I. Verification of Coverage. Contractor shall furnish Graham County with certificates of insurance (ACORD form or equivalent approved by Graham

County) as required by this Agreement. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf.

All certificates and endorsements are to be received and approved by Graham

County before work commences. Each insurance policy required by this

Agreement must be in effect at or prior to commencement of work under this

Agreement and remain in effect for the duration of the project. Failure to maintain the insurance policies as required by this Agreement or to provide evidence of renewal is a material breach of contract.

All certificates required by this Agreement shall have “Graham County and its departments, agencies, officers, officials, agents, employees, and volunteers” as “Certificate Holder” and be sent directly to (Dustin Welker, Graham County Manager, 921 W. Thatcher Blvd., Safford, AZ

85546). The Graham County project/contract number and project description shall be noted on the certificate of insurance. Graham County reserves the right to require complete, certified copies of all insurance policies required by this

Agreement at any time.

J. Subcontractors. Contractor’s certificate(s) shall include all subcontractors as insureds under its policies or Contractor shall be responsible for ensuring and/or verifying that all subcontractors have valid and collectible insurance as evidenced by the certificates of insurance and endorsements for each subcontractor. All coverages for subcontractors shall be subject to the minimum Insurance Requirements identified above. Graham County reserves the right to require, at any time throughout the life of this Agreement, proof from Contractor that its subcontractors have the required coverage.

K. Approval and Modifications. The Graham County Attorney, in consultation with Graham County Risk Management, reserves the right to review or make modifications to the insurance limits, required coverages, or endorsements throughout the life of this Agreement, as deemed necessary. Any such modification or variation from the insurance requirements in this Agreement mailto:dwelker@graham.az.gov.

will not require a formal contract amendment but may be made by administrative action.

8.0 SPECIFICATIONS

Bid specifications may not be revised without an official written addendum issued by the

County. The following specifications are minimum acceptable requirements:

8.1 Supply and install a 25 GPM pump and motor into an existing metal casing.

8.2 Installation of down-hole piping (approximately 60 ft), well seal, power cable, and splice.

8.3 Provide and install a Variable Speed Controller to maintain constant pressure.

8.4 Installation of a pressure transducer and electrical disconnect.

8.5 Install interface wiring from the pump controls to the sprinkler controller.

8.6 Provide complete assembly, programming, and functional testing of all components.

8.7 Verification of proper performance after installation.

8.8 All plumbing from the well system to the sprinkler distribution network to be performed by others.

8.9 Sprinkler timer/controller to be supplied and installed by others.

8.10 Contractor shall be a licensed contractor in the State of Arizona.

8.11 Work must be completed by November 30, 2026.

9.0 SUBCONTRACTING OR THIRD-PARTY PAYMENTS

All subcontracting shall be pre-approved upon award by the County before any work begins.

Subcontractors must abide by all terms and conditions of the contract. The prime contractor shall be responsible for all subcontractor(s) work and payment. The County reserves the right to make direct payment to subcontractors or to pay the prime contractor with checks that are made payable to the prime contractor and to one or more subcontractors. In the event the County receives notice from any person, subcontractor, supplier or other third party, that the Contractor has failed to pay such person(s) for work performed in accordance with the project, the

Contractor shall, at the request of the County, and in no more than 10 calendar days, provide all documentation the County believes necessary to determine whether such payment is due, or reasons for non-payment of disputed amounts. In the event the County determines the claim to be valid and payment is due, or in the absence of aforementioned documentation, the County may authorize direct payment of any unpaid bills, withholding from the Contractor's unpaid compensation a sum of money deemed reasonably sufficient to pay any and all such claims until satisfactory documentation is furnished that all liabilities have been fully discharged or reasons for non-payment of disputed amounts are provided by the Contractor. In no event shall these provisions be construed to impose any obligations upon the County to either the Contractor or the Contractor's Surety. In paying any unpaid bills of the Contractor relating to the work, the

County shall be deemed the agent of the Contractor, and any payment so made by the County, shall be considered as a payment made under the Contract by the County to the Contractor for its account and the County shall not be liable to the Contractor for any such payment made in good faith.

10.0 INVOICING REQUIREMENTS

Contractor shall invoice Graham County monthly for its Services. The collective total of such invoices shall not exceed the amount quoted in the proposal attached as Exhibit “C” and incorporated herein by reference.

All invoices shall be submitted to Graham County Accounts Payable, 921 W. Thatcher Blvd., Safford, Arizona 85546, and shall include the following information:

• Invoice Number

• Service Location

• Contractor Name and Address

• Description of Services Performed

• Description of Expenses Incurred

• Documentation of Expenses Incurred

Graham County shall have the right to inspect the project site to evaluate whether the services

Contractor performed and invoiced are satisfactory. If Graham County determines Contractor’s performance is satisfactory, it shall pay the invoice within thirty (30) days of receipt thereof. If it determines Contractor’s performance is not satisfactory, it shall notify Contractor, in writing, of any deficiencies it discovers within ten (10) days of receipt of the invoice, and Contractor shall correct the deficiencies as soon as reasonably practicable. Graham County shall pay Contractor’s invoice within thirty (30) days after it accepts Contractor’s corrected work as satisfactory.

11.0 TERMINATION.

11.1 Termination by Mutual Agreement: This Agreement may be terminated at any time by mutual agreement of the Parties.

11.2 Termination for Convenience/Termination Without Cause: Graham County may terminate this Agreement with fifteen (15) days’ notice specifying the termination date.

11.3 Termination for Breach: In the event of a material breach, default, or violation of any term or condition of this Agreement by any Party, the Party, claiming breach shall provide written notice to the breaching Party and said notice shall set forth the factual basis for the determination that a breach has occurred. If the breach is not remedied within (10) days of the breaching Party’s receipt of notice, this Agreement shall immediately terminate, at the option of the Party alleging such breach.

11.4 Cancellation for Conflict of Interest: This Agreement is subject to cancellation for conflict of interest pursuant to A.R.S. § 38-511, the pertinent provisions of which are incorporated into this Agreement.

11.5 Payment Following Termination: Any termination or cancellation of this

Agreement shall not relieve Graham County of its obligation to pay Contractor for services it rendered to Graham County before the effective date of termination or cancellation.

12.0 CHANGES IN THE WORK

Contractor must obtain prior written authorization from the Graham County Manager by written change order before altering its scope of services, if the alteration will result in any change to the overall project budget. In no event shall Contractor’s requested changes exceed the proposal attached as Exhibit “C.” Contractor’s failure to obtain prior written authorization, as required in this section, may result in non-payment to Contactor.

13.0 NON-APPROPRIATION OF FUNDS

13.1 Contractor acknowledges that Graham County is a governmental entity, and this

Agreement’s validity is based upon the availability of public funding under its authority. In the event that public funds are unavailable and not appropriated for the performance of Graham

County's obligations under this Agreement, then this Agreement shall automatically expire without penalty to Graham County after written notice to Contractor of the unavailability and non-appropriation of public funds. In such event, Graham County only shall be liable to

Contractor for services it rendered and material it provided to Graham County prior to expiration of this Agreement. If Graham County’s allocation of funds is reduced, then the scope of this

Agreement may be reduced, if appropriate, or this Agreement may be cancelled without further duty or obligation, except that Graham County will be liable to Contractor for services it rendered and material it provided to Graham County prior to expiration of this Agreement.

13.2 It is expressly agreed that Graham County shall only activate this non-appropriation provision as an emergency fiscal measure. Graham County shall not activate this non-appropriation provision for its convenience, to circumvent the requirements of this Agreement, or to enable the County to contract with another Contractor for the same supplies or services covered under this Agreement.

14.0 WAIVER OF JURY TRIAL

Each party hereby waives, to the fullest extent permitted by applicable law, any right it may have to a trial by jury in any legal proceeding arising out of or relating to this agreement or the transactions contemplated hereby (whether based on contract, tort or any other theory). Each party hereto: (a) certifies that no representative, agent or attorney of any other party has represented, expressly or otherwise, that such other party would not, in the event of litigation, seek to enforce the foregoing waiver, and (b) acknowledges that it and the other parties hereto have been induced to enter into this agreement by, among other things, the mutual waivers and certifications in this section.

STANDARD TERMS AND CONDITIONS

1.0 SPECIFICATIONS: The specifications in this request are the minimum acceptable. When alternates to specified equipment and/or materials are bid/proposed, they must be identified by manufacturer, stock number, and such other information necessary to establish an acceptable equivalency. The County shall be the sole and final judge of equivalency.

2.0 DEVIATIONS AND EXCEPTIONS: Deviations and exceptions from original text, terms, conditions, or specifications shall be described fully, on the bidder's/proposer's letterhead, signed, and attached to the request. In the absence of such statement, the bid/proposal shall be accepted as in strict compliance with all terms, conditions, and specifications and the bidders/proposers shall be held responsible.

3.0 QUALITY: Unless otherwise indicated in the request, all material shall be new and free from defects. Items which are used, obsolete, seconds, or which have been discontinued are unacceptable without prior written approval by the County.

4.0 QUANTITIES: The quantities shown on this request are based on estimated needs. The

County reserves the right to increase or decrease quantities to meet actual needs.

5.0 ACCEPTANCE/REJECTION: The County reserves the right to accept or reject any or all bids/proposals, to waive any technicality in any bid/proposal submitted, request clarification of any bid/proposal, award a bid/proposal that is not the lowest price, and to accept any part of a bid/proposal as deemed to be in the best interests of the County.

6.0 CONTRACT AND EXECUTION OF CONTRACT: Unless otherwise specified in the bid/proposal, the successful responder agrees to enter into a contract, a copy of which will be on file in the office of the Graham County Board of Supervisors. Contractor shall and will well and truly execute and perform this contract under the terms applicable to the satisfaction of the

County, and shall promptly make payment to each and every person or party entitled thereto of all the claims for work or labor performed and materials furnished in the performance of this contract.

7.0 ENTIRE AGREEMENT: This Agreement contains the entire, integrated agreement of the

Parties and there are no oral agreements, understandings, or representations relied upon by the

Parties. This Agreement supersedes all prior negotiations, representations, or agreements, not otherwise incorporated herein. Any modifications or amendments to this Agreement must be in writing and signed by all Parties.

8.0 APPLICABLE LAW AND COMPLIANCE: This contract shall be governed under the laws of the State of Arizona. The Contractor shall at all times comply with and observe all federal and state laws, local laws, ordinances, and regulations which are in effect during the period of this contract and which in any manner affect the work or its conduct.

9.0 LICENSES AND PERMITS: Contractor shall have and/or provide any and all licenses and permits required to perform the work specified and furnish proof of such licensing authorization and permits with their bids if required.

10.0 ASSIGNMENT: Contractor may not assign any of its rights or responsibilities under this Agreement, either voluntarily or involuntarily, whether by merger, consolidation, dissolution, operation of law, or any other manner, except with the prior written consent of

Graham County. Contractor may not delegate any performance under this Agreement, except with the prior written consent of Graham County. Any purported assignment of rights or delegation of performance in violation of this section is void.

11.0 NONEXCLUSIVE CONTRACT: Unless otherwise stated, the County reserves the right to purchase work or materials outside of this contract.

12.0 NONDISCRIMINATION & AFFIRMATIVE ACTION: In connection with the performance of work under this contract, the Contractor agrees not to discriminate against any employee or applicant for employment because of age, race, religion, color, handicap, sex, physical condition, sexual orientation, gender identity and gender expression, or national origin.

13.0 INDEPENDENT CAPACITY: The parties hereto agree that the contractor, its officers, agents, and employees, in the performance of this agreement shall act in the capacity of an independent contractor and not as an officer, employee, or agent of the County. The contractor agrees to take such steps as may be necessary to ensure that each subcontractor of the contractor will be deemed to be an independent contractor and will not be considered or permitted to be an agent, servant, joint venture, or partner of the County.

14.0 SAFETY REQUIREMENTS: All materials, equipment, and supplies utilized must comply fully with all safety requirements as set forth by the State of Arizona and all applicable OSHA

Standards.

15.0 INSURANCE RESPONSIBILITY: Satisfactory proof of the existence and carriage of insurance is required.

16.0 CANCELLATION: The County reserves the right to cancel any contract in whole or in part without penalty due to non-appropriation of funds or for failure of the contractor to comply with terms, conditions, and specifications of this contract.

17.0 MATERIAL SAFETY DATA SHEET: If any item(s) on an order(s) resulting from this award(s) is a hazardous chemical, the Contractor shall provide one (1) copy of a Material Safety

Data Sheet for each item.

18.0 ADVERTISING AND NEWS RELEASES: Reference to or use of the County, any of its departments, officials, or employees, for commercial promotion is prohibited. News releases pertaining to this procurement shall not be made without prior approval of the County. Release of broadcast e-mails pertaining to this procurement shall not be made without prior written authorization of the County.

19.0 INDEMNIFICATION: To the fullest extent permitted by law, Contractor (as

“Indemnitor”) hereby agrees to indemnify, defend, save and hold harmless Graham County and its departments, agencies, officers, officials, agents, employees and volunteers (hereinafter referred to as "Indemnitee") from and against any and all claims, actions, liabilities, damages, losses, or expenses (including, but not limited to, court costs, attorneys’ fees, and costs of claim processing, investigation, and litigation) (hereinafter referred to as "Claims") for bodily injury or personal injury (including death), or loss or damage to tangible or intangible property caused as a direct or indirect result of any acts or omissions of Contractor or any of its or any of its owners, officers, directors, agents, employees, or subcontractors, regardless of whether or not such Claims are caused in part by a party indemnified hereunder. This indemnity includes, but is not limited to, any claim or amount arising out of, or recovered under, the Workers'

Compensation Law or arising out of the failure of such contractor to conform to any federal, state, or local law, statute, ordinance, rule, regulation, or court decree. It is agreed that

Contractor will be responsible for primary loss investigation, defense, and judgment costs where this indemnification is applicable. Contractor shall not be obligated to defend Indemnitee against any Claims or indemnify Indemnitee resulting solely from the negligence or willful misconduct of Indemnitee and not in any way resulting from any act or omission of Contractor or anyone directly or indirectly employed by Contractor or anyone for whose acts Contractor may be liable. Contractor agrees to waive all rights of subrogation against Graham County, its departments, agencies, officers, officials, agents, employees, and volunteers for losses arising from the work performed by Contractor for Graham County. This indemnification shall survive the termination, cancellation or expiration of this Agreement.

Any insurance, its limits, amount and type required herein to be maintained by Contractor shall in no way be construed as limiting the scope of this Indemnity.

20.0 FORCE MAJEURE: Neither party shall be in default by reason of any failure in performance of this contract in accordance with reasonable control and without fault or negligence on their part. Such causes may include, but are not restricted to, acts of nature or the public enemy, acts of the government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes and unusually severe weather, but in every case the failure to perform such must be beyond the reasonable control and without the fault or negligence of the party.

21.0 ENFORCEMENT: Graham County’s failure or neglect to enforce any term, covenant, condition, right, or duty in this Agreement does not constitute a waiver of any term, covenant, condition, right, or duty, nor is it deemed to be a waiver of Graham County’s rights or remedies under this Agreement. A waiver or extension is only effective if it is in writing and signed by

Graham County. No single or partial exercise of any right or remedy will preclude any other or further exercise of any right or remedy. One or more waiver by Graham County of any term, covenant, condition, right, or duty in this Agreement shall not be construed as a waiver of a subsequent default or breach of the same covenant, term, condition, right, or duty.

22.0 SEVERABILITY/UNENFORCEABLE PROVISIONS: If any term or provision of this

Agreement, or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to persons, entities, or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and the rights and obligations of the Parties shall be construed and enforced to effectuate the essential intent and purposes of this Agreement.

23.0 AUTHORITY: The individual executing this Agreement on behalf of Contractor represents that he or she is authorized to execute this Agreement, and that this Agreement shall be binding upon Contractor upon execution.

24.0 GOVERNING LAW AND VENUE: This Agreement, and any addenda hereto, shall be governed by, and construed and enforced, in accordance with the laws of the State of Arizona.

Any action or claim arising from, under or pursuant to the Agreement, and any addenda hereto, shall be brought in the courts, state or federal, within the State of Arizonan, and the Parties expressly waive the right to bring any legal action or claim in any other court. The Parties hereby consent to venue in Graham County for all purposes in connection with any action or proceeding commenced between the Parties hereto in connection with or arising from this

Agreement. Any changes in the governing laws, rules, and regulations that do not materially affect the Contractor’s obligations under this Agreement will apply but will not require an

Amendment.

25.0 HEADINGS AND CONSTRUCTION OF AGREEMENT: In construing this Agreement, all headings and titles are for the convenience of the Parties and for organizational purposes only and shall not be considered in interpreting the meaning of any provision in this Agreement or considered a part of this Agreement. Whenever required by the context, each number shall include the plural, each gender shall include all genders, and unless the context otherwise requires, the word “person” shall include corporation, company, firm, or association.

26.0 FAIR MEANING: This Agreement is intended to express the mutual intent of the Parties and shall not be construed as if prepared by one of the Parties, but rather according to its fair meaning as a whole, as if both Parties had prepared it.

27.0 COUNTERPARTS AND ELECTRONIC SIGNATURES: This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. The signature page of any counterpart may be detached therefrom without impairing the legal effect of the signature(s) thereon, provided such signature page is attached to any other counterpart identical thereto.

Signatures sent by electronic means (facsimile, scanned and sent by e-mail, or signed by electronic signature) shall be deemed original signatures. The Parties expressly waive any objection to the admissibility of this Agreement on the grounds that it is an electronic record, or a paper copy of an electronic document, or a paper copy of a document bearing an electronic signature. Each party may sign any number of copies of this Agreement, and each signed copy shall be deemed to be an original, but all of them together shall represent one and the same agreement.

28.0 RELATIONSHIP OF THE PARTIES: Contractor is an independent contractor of the

County. Contractor represents that it has, or it will secure, at its own expense, all personnel required in performing the services under this Agreement. Such personnel shall not be employees of, or have any contractual relationship with, the County. All personnel engaged in work under this Agreement shall be fully qualified and shall be authorized or permitted under state and local law to perform such services. Contractor warrants that it has obtained or will obtain Worker's Compensation Insurance for its employees performing services in connection this Agreement and that any subcontractors will likewise obtain

Worker's Compensation Insurance for of their employees performing services in connection with this Agreement. Neither Contractor, its subcontractors, nor any employee, officer, or agent of Contractor or subcontractors shall be deemed an officer, employee, or agent of Graham County. Graham County shall not be liable for any debts, accounts, obligations, or other liabilities whatsoever of Contractor, including (without limitation)

Contractor’s obligation, if any, to withhold Social Security and income taxes for itself or any of its employees or officers.

29.0 SUCCESSORS AND ASSIGNS: All conditions, covenants, and agreements contained in this Agreement shall be binding upon and shall inure to the benefit of the Parties hereto and their approved successors and assigns. Each provision of this Agreement to be performed by

Contractor shall be construed as both a covenant and a condition.

ATTACHMENT A

SIGNATURE AND AUTHORITY AFFIDAVIT FORM

BIDDING COMPANY NAME: ____________________________________________

FEIN (Federal Employer ID Number) OR Social Security # (if Sole Proprietorship)

Address: ___________________________________________________________________

City ____________________________ State ________ Zip __________________________

Number of years in Business _______

Name the person to contact for questions concerning this bid.

Name _________________________ Title ____________________________________

Phone ( ) ____________________ Toll Free Phone ( ) _______________________

Fax ( ) _____________________ Email Address _____________________________

In signing this bid, we also certify that we have not, either directly or indirectly, entered into any agreement or participated in any collusion or otherwise taken any action in restraint of free competition; that no attempt has been made to induce any other person or firm to submit or not to submit a bid; that this bid has been independently arrived at without collusion with any other bidder, competitor or potential competitor; that this bid has not been knowingly disclosed prior to the opening of bids to any other bidder or competitor; that the above statement is accurate under penalty of perjury.

The undersigned, having familiarized themselves with the conditions affecting the cost of the work, having read completely the specifications, hereby proposes to perform everything required and to provide and furnish labor, materials, equipment, tools and all other services and supplies necessary to produce in a complete and workmanlike manner all of the materials or products described in the specifications relating to this Bid.

I further certify that I have carefully examined the bid documents and all terms herein, and site where the work is to be done and have no agreements to prevent the completion of said work.

Signature Title

Name (type or print) Date

ATTACHMENT B

REFERENCES

Provide company name, address, contact person, telephone number, and appropriate information on the product(s) and/or service(s) provided to customers similar to those requested in this solicitation document. Potential subcontractors cannot be references.

Company Name: _____________________________________________________________

Address: ____________________________________________________________________

Contact Person: ____________________________________ Phone No. _______________

E-Mail Address: ______________________________________________________________

Product(s) Used and/or Service(s) Provided:

Contact Person: ____________________________________ Phone No. _______________

E-Mail Address: ______________________________________________________________

Product(s) Used and/or Service(s) Provided:

Contact Person: ____________________________________ Phone No. _______________

E-Mail Address: ______________________________________________________________

Product(s) Used and/or Service(s) Provided:

ATTACHMENT C

BID OFFER FORM

Contractor: _________________________________________________

Bid

Total Cost including Tax: $_________________________

Finish Date must be no later than November 30, 2026

*Prior to submitting a bid, the contractor is responsible for contacting the County for any addendums that may have been issued. Any addendums must be acknowledged here:

Contractor Signature

Bid Accepted by Graham County:

Dustin Welker, County Manager