Horizon_6_Fire_Booster_Pump_Station.pdf

COUNTY OF MOHAVE

INVITATION FOR BID

2027-013-IFB

HORIZON 6 FIRE BOOSTER PUMP STATION

Due Date: Tuesday, October 6, 2026

Mohave County Procurement Department

700 W. Beale St.

Kingman, AZ 86402-7000

Procurement Portal:

https://secure.procurenow.com/portal/mohavecounty

Public Portal:

https://secure.procurenow.com/portal/mohavecounty/projects/296791

Issue Date: September 8, 2026

MOHAVE COUNTY INVITATION FOR BID NO. 2027-013-IFB

PROCUREMENT DEPARTMENT Page 2 of 43 700 W BEALE ST, 1st FLOOR EAST | PO BOX 7000 PROCUREMENT OFFICER: Dusty Lewis KINGMAN, AZ 86402-7000 PH: (928) 753-0752 - lewisd@mohave.gov

ATTACHMENTS:

A - Basis of Design

B - Plans

C - Specifications

1.1. NOTICE OF INVITATION FOR BID

Invitation For Bid Information

Mohave County Invitation for Bid No. 2027-013-IFB Project Title: Horizon 6 Fire Booster Pump Station

Bid Due Date: Tuesday, October 6, 2026 at 2:00 pm (Local Arizona Time) Pre-Bid Conference Date: Tuesday, September 15, 2026

Pre-Bid Conference Time: 9:00 am (Local Arizona Time) Pre-Bid Conference Location: Horizon 6 - 3946 Chickasaw Dr., Lake Havasu City, Arizona 86406

Questions must be directed to: Dusty Lewis, (928) 753-0752, lewisd@mohave.gov Publication Dates: 09/09/2026 and 09/16/2026 - Issue Date: Tuesday, September 8, 2026 Competitive sealed submittals for the material or service specified in this solicitation must be submitted through the County’s online bidding system. No late submittals will be accepted. Responses submitted by mail, facsimile, or email will not be considered. Offerors are cautioned to commence the submittal process sufficiently ahead of time to allow for unanticipated delays resulting from things like a slow internet connection, internet outage, difficulty uploading large documents, differing system requirements, etc..

Questions about this solicitation must be addressed to the responsible Procurement Officer listed above.

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1.2. SCOPE OF WORK

Description of Work

A. The Mohave County Public Works - Horizon 6 Improvement District, is proposing the construction of LHC Horizon 6 Fire Booster Pump Station.

B. Plans and Specifications: Contractor shall complete the project in accordance with Attachment A - Basis of Design, Attachment B - Specifications and Attachment C - Plans.

C. Site Location: 3946 Chickasaw Dr. Lake Havasu City, AZ 86406 D. Time for Completion: All work shall be completed within one-hundred eighty (180) Calendar

Days from issuance of Notice to Proceed.

Contract Order of Precedence

1. All Bid Documents and all supplemental documents specified in the Bid Documents are essential parts thereof, and a requirement occurring in one is binding as though occurring in all; and are intended to be complementary and to describe and provide for a complete Work.

2. In instances where details, specific instructions or specifications for performance of the Work have not been included, the most recent edition of the Maricopa Association of Government (MAG) Specifications shall govern, except sections 102, 103, 104, 105, 106, 108 and 110, which have not been accepted by Mohave County.

3. In case of discrepancy or conflict, the order of precedence of documents is as follows: MAG Specifications, Specifications, Plans, IFB.

4. The order of precedence of sections of this IFB is: Scope of Work; Special Terms and Conditions, General Conditions, Standard Terms and Conditions, Instructions to Bidders, other sections of the IFB.

Magnitude of Construction

1. For the limited purpose of assisting bidders in determining bonding, insurance, staffing, and other bid preparation considerations, the anticipated price magnitude for this Project is within the following range (consistent with the magnitude bands described at FAR 36.204):

1. $500,000 to $1,000,000

2. This disclosure is not a representation, warranty, or guarantee of the actual contract price, the Owner’s independent estimate, or the amount of work that may be awarded.

1.3. INSTRUCTION TO OFFERORS

DEFINITION OF KEY WORDS USED IN THE SOLICITATION

For purposes of this solicitation and subsequent contract, the following definitions shall apply:

County: The County of Mohave, a subdivision of the State of Arizona.

Contract: The legal agreement(s) executed between County and the Successful Offeror(s). The Contract will be deemed to include all the conditions and requirements set forth in this solicitation and any Addenda to the solicitation, all the Special Terms and Conditions and Standard Terms and Conditions, and all the terms of the Proposal submitted by Offeror as finally negotiated and accepted by the County.

Contractor/Consultant: A Successful Offeror that enters into a Contract with the County.

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Contract Representative: The County employee or employees who have specifically been designated to act as a contact person or persons to the Contractor, and are responsible for monitoring and overseeing the Contractor's performance under this Contract.

Procurement Director: The contracting authority for the County authorized to sign contracts and addenda thereto on behalf of the County.

May: Indicates something that is not mandatory but permissible.

Offeror: Each individual or entity that submits a submittal in response to this solicitation.

Will: The indicated party is promising to take the action or abide by the condition.

Must or Shall: The action or condition is required.

Should: Indicates something that is recommended but not mandatory. If the Bidder fails to provide recommended information, the County may, at its sole option, ask the Bidder to provide the information or evaluate the bid without the information.

Solicitation: A general term for an Invitation for Bid, Request for Proposals, or Request for Qualifications issued by the County.

PRE-BID MEETING

A Pre-Bid Meeting will be held at the date and time stated on the cover page of this solicitation, if such a date and time is provided. Attendance at this meeting is not mandatory, but written minutes and/or notes regarding the meeting will NOT be provided, so attendance is encouraged. The purpose of this meeting will be to clarify the contents of this solicitation in order to prevent any misunderstanding of the County's position.

INQUIRIES

Any questions about this solicitation or the proposed Contract must be submitted to the Procurement Officer by the Question Submission Deadline in writing, via email, or through the online bidding system or presented at the Pre-Bid Meeting, if there is one (see above). The email must refer to the solicitation number and the paragraph number of the provision that the question concerns. The Procurement Officer may respond by email or may, if they deem it appropriate, address the question in a solicitation Addendum. Offeror may not rely on oral interpretations or clarifications about the solicitation; only questions answered in an email by the Procurement Officer or posted as a formal solicitation Addendum will be binding.

AMENDMENTS TO INVITATION FOR BID

Solicitation Amendments will be posted on the County’s link to the online bidding website. Offeror is responsible for checking the webpage regularly for new solicitation addenda and must acknowledge each addendum to this solicitation in its submittal. Please note that vendors who have registered with the Procurement Department at https://procurement.opengov.com/portal/mohavecounty website and follow Mohave County will receive email notifications of solicitation addenda.

UNDERSTANDING SCOPE OF WORK

Before submitting a response to this solicitation, Offeror must familiarize itself with the Scope of Work, laws, regulations, physical conditions, and other factors affecting the obligations – including the expense and difficulty of fulfilling those obligations – that Offeror will have under the Contract if awarded to Offeror. No adjustment to the financial or other terms of the Contract will be justified by Offeror’s failure to fully understand or appreciate the Contract requirements or other factors affecting Contract performance.

https://procurement.opengov.com/portal/mohavecounty

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PREPARATION OF SUBMITTAL

1. Form and Organization. Offeror’s Submittal must be on the forms provided in this solicitation (as applicable). Supporting documentation must be arranged in a manner that follows and clearly refers to corresponding sections of the solicitation. Offeror may copy the submittal forms in order to complete them electronically but may not alter or rearrange them or change any paragraph designations.

2. Proposal Contents. Offeror’s submittal must contain a response to all sections of the solicitation and forms must be completed and any requested supporting documentation attached.

3. Signatures. Offeror must include in their submittal signed copies of the Offer and Acceptance page and all Amendments. The person signing and initialing on behalf of Offeror must be a person authorized to legally bind Offeror.

4. Prices. Where a unit price is provided it will govern over any erroneous extension of the price.

5. Time Periods. Periods of time, stated as a number of days, will be calendar days unless specifically stated otherwise.

6. Accuracy. Mistakes in preparation of its submittal confers on Offeror no right to modify or withdraw its submittal after the Submittal Deadline or Bid Due Date.

7. Cost of Preparation. The County will not reimburse Offeror for the cost of developing, presenting, submitting or providing any response to this solicitation.

8. Subcontractors. Offeror must, in their submittal, list any subcontractors that it will utilize in the performance of the Contract if they are awarded the Contract and must describe their qualifications in detail.

9. Incomplete Information. Failure to include all requested information may have a negative impact on the evaluation of Offeror’s submittal, including outright rejection.

PAYMENT DISCOUNTS

Payment discount periods shall be computed from the date of receipt of the material/service or correct invoice, whichever is later, to the date County’s payment warrant is mailed. Unless freight and other charges are itemized, any discount provided shall be taken on full amount of invoice. Payment discounts of twenty-one calendar days or more shall be deducted from the proposed price in determining the price points. However, the County shall be entitled to take advantage of any payment discount offered by a vendor provided payment is made within the discount period. The payment discount shall apply to all purchases and to all payment methods.

TAXES

The County is not tax exempt from Transaction Privilege Tax - sales tax.

PUBLIC RECORD

Any documents submitted by Offeror in response to this solicitation will become the property of the County. Except as set forth below with respect to Confidential Information, the Submittal will be deemed to be a public record available for review by the public after the award notification.

CONFIDENTIAL INFORMATION

The County is obligated to abide by the Arizona Public Records Law, A.R.S. §§ 39-101 through 39-

161. If Offeror believes that any portion of its proposal, offer, specification, protest or correspondence contains information that is confidential and subject to being withheld from disclosure in the event that the County receives a public records request to which the record is responsive, Offeror must, when

PROCUREMENT DEPARTMENT Page 6 of 43 the record is submitted, provide the Contract Officer written notification of that fact. The records or portions of records that Offeror wishes to be treated as confidential must also be clearly marked “CONFIDENTIAL” on their face. Pricing will not be treated as confidential.

If the County, after award notification, receives a public-records request to which a Contractor record marked “CONFIDENTIAL” is responsive, County will notify Offeror in writing. Unless Offeror, within 10 days after the date of that notice, obtains and provides to County an order from a court of competent jurisdiction prohibiting the County from releasing the records, the County may release the records without any liability to Offeror.

CERTIFICATION OF NONCOLLUSION; CONFLICTS OF INTEREST

By submitting a response, Offeror warrants that:

1. Preparation and submission of the submittal did not involve collusion or other anti-competitive practices.

2. Offeror has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, meal or service to a public servant in connection with this solicitation.

3. No person has been employed or retained to solicit or secure a Contract under this solicitation upon a promise of a commission, percentage, brokerage, or contingent fee.

4. No member of the Mohave County Board of Supervisors, Mohave County elected official, or any employee of the County involved in this solicitation process has any financial interest in Offeror’s firm.

The County may disqualify Offeror from further participation in the solicitation process if the County determines that Offeror has an actual or apparent conflict of interest or has engaged in any collusion or anti-competitive practices.

WHEN AND HOW TO SUBMIT BIDS

1. In order to be considered, Offers must:

1. Be fully submitted successfully no later than the Bid Due Date and Time, electronically through the County's online bidding system at https://procurement.opengov.com/portal/mohavecounty.

1. NOTE: THE ENTIRE OFFER MUST BE IN "“SUBMITTED"” STATUS IN THE

COUNTY’S ONLINE BIDDING SYSTEM IN ORDER TO BE CONSIDERED.

RESPONSES THAT HAVE BEEN CREATED IN THE SYSTEM, BUT THAT ARE NOT

IN "“SUBMITTED"” STATUS BY THE OFFER SUBMITTAL DEADLINE WILL NOT BE

CONSIDERED.

2. Be legible, printable on standard 8.5" x 11" paper.

3. Be on the forms and in the format required in this solicitation, including all information requested in the solicitation document, the questions in the Vendor Questionnaire section, and the signed Offer and Acceptance Form.

4. Be organized, concise, and related to the IFB.

OFFER AND ACCEPTANCE PERIOD

In order to allow for an adequate evaluation, the County requires an offer in response to this solicitation to be valid and irrevocable for ninety (90) days after the bid due date and time.

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WITHDRAWAL OF SUBMITTAL; BINDING OFFER

By submitting a response to this solicitation, Offeror is offering to enter into the Contract with the County. Offeror may withdraw a submitted response at any time prior to the Bid Due Date and Time.

Submittals can be withdrawn by clicking "unsubmit proposal" in the online bidding system or with written notice to the Procurement Officer.

DISCUSSIONS/CLARIFICATIONS

The County may, at its discretion, conduct discussions with Offeror for the purpose of eliminating minor irregularities, informalities, or apparent clerical mistakes in Offeror’s submittal in order to clarify the offer and assure full understanding of, and responsiveness to, solicitation requirements.

VENDOR REGISTRATION

In order to be eligible for award of a Contract, Offeror must register as a vendor with the County.

Registration can be completed at https://procurement.opengov.com/portal/mohavecounty by clicking on Vendors, Registration for Purchase Orders and Registration for Notification of Solicitations. Please note that email notifications of newly published solicitations and addenda will be provided to those vendors that select email as their preferred delivery method in their vendor record.

UPON NOTICE OF AWARD

The apparent successful offeror shall sign and file with the County, within ten (10) days after Notice of Award, all documents necessary to the successful execution of the Contract, such as insurance or performance and payment bonds, if required.

AWARD OF CONTRACT

1. Unless otherwise provided within the solicitation, the County reserves the right to award by individual line item, by group of line items, or as a total, whichever is deemed most advantageous to the County. The County may make positional awards; if positional awards are made, post award modifications to award position may be considered based upon price increases during the term of the contract.

2. Notwithstanding any other provision of the Invitation for Bid, the County reserves the right to:

1. waive any immaterial defect or informality; or

2. reject any or all bids, or portions thereof; or

3. reissue an Invitation for Bid.

3. A response to the Invitation for Bid is an offer to contract with the County based upon the terms, conditions, and Specifications contained in the County's Invitation for Bid. Bids do not become Contracts unless and until they are executed by the County's Board of Supervisors or Procurement Director. A Contract has its inception in the award, eliminating a formal signing of a separate Contract. All of the terms and conditions of the Contract are contained in the Invitation for Bid, unless any of the terms and conditions are modified by a solicitation Amendment, a Contract Amendment, or by mutually agreed terms and conditions in the Contract documents.

BID RESULTS

The name(s) of the successful offeror(s) will be posted on the Procurement Department’s Internet site at https://procurement.opengov.com/portal/mohavecounty upon issuance of a Notice of Award or upon final contract execution.

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PROTESTS

A protest shall be in writing and shall be filed with the Procurement Officer, in accordance with the Mohave County Procurement Code, Art. IX, Sec 2. A protest of a solicitation shall be received at the Department of Procurement not less than five (5) working days before the solicitation due date. A protest of a proposed award or of an award shall be filed within ten (10) days after issuance of notification of award or issuance of a notice of intent to award, as applicable. A protest shall include:

1. The name, address, and telephone number of the protestant;

2. The signature of the protestant or its representative;

3. Identification of the solicitation or Contract number;

4. A detailed statement of the legal and factual grounds of protest including copies of relevant documents; and

5. The form of relief requested.

EXCEPTIONS TO CONTRACT PROVISIONS

A response to any solicitation is an offer to contract with the County based upon the contract provisions contained in the County’s solicitation, including but not limited to, the specifications, scope of services, and any terms and conditions. Offerors who wish to propose modifications to the contract provisions must clearly identify the proposed deviations and any proposed substitute language. However, the provisions of the solicitation cannot be modified without the express written approval of the Procurement Director or their designee. If a proposal or offer is returned with modifications to the contract provisions that are not expressly approved in writing by the Procurement Director or his designee, the contract provisions contained in the County’s solicitation shall prevail.

PROPOSAL GUARANTEE OR BID BOND

Each Proposal shall be accompanied by a Surety Bond, Cashiers’ or certified check or postal money order equal to ten percent (10%) of the Bidder’s total bid, made payable to the Mohave County Treasurer as a guarantee that, if the Work is awarded to the Contractor, the Contractor intends to enter into proper Contract and provide the proper Performance and Payment Bonds, and Certificates of Insurance and endorsements, and any other documents or information required of the Bidder which is deemed necessary by the Owner for the Owner to enter into proper Contract with the Bidder as Contractor, for the faithful performance of the Work.

Surety bonds shall be executed solely by a surety company or companies holding a certificate of authority to transact surety business in the State of Arizona issued by the Director of the Department of Insurance. The surety bond shall not be executed by an individual surety or sureties. In addition, said company or companies shall be rated FSC VIII A- or better as required by the Owner, as currently listed in the most recent Best Key Guide, published by the A.M. Best Company.

Failure on the part of the Bidder to enter into a Contract and provide satisfactory Performance and Payment Bonds, Certificates of Insurance, and other required documents in a timely manner after the date of the Notice of Intent to Award letter shall be just cause for the cancellation of the award and the forfeiture of the Proposal Guarantee which shall become the property of the Owner, not as a penalty, but in liquidated damages, except to the extent that the applicable Laws permit a penalty. Bid Bonds submitted by unsuccessful Bidders will be returned after the successful Award of Contract, including the Owner and successful Bidder entering into a binding Contract with the Contractor; or upon rejection of all proposals by the Owner.

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1.4. PRICING PROPOSAL

HORIZON 6

Bid must include all cost to construction, including but not limited to; bonds, insurance and sales tax.

Line Item Description Quantity Unit of Measure

Unit Cost Total

1 Construction of LHC Horizon 6 Fire Booster Pump Station

1 LUMP SUM

TOTAL

1.5. SPECIAL TERMS AND CONDITIONS

HAZARDOUS MATERIAL ALTERNATIVES

The County will consider alternatives for products containing hazardous materials as defined in OSHA Hazard Communications Regulations. Bidders/Offerors are encouraged to submit alternate products that meet the intent of the specifications and do not contain hazardous ingredients.

INSPECTION OF PREMISES

Bidders/Offerors are encouraged to inspect the premises prior to submitting a bid/offer in order to be fully aware of the scope of services required. Failure to do so will in no way relieve the successful Bidder/Offeror from performing in accordance with the conditions of this solicitation. Arrangements for on-site inspection of premises can be made with the Procurement Contact listed elsewhere in this solicitation.

LIQUIDATED DAMAGES

The County will incur damages if the Contractor fails to complete the work within the specified time or any approved extensions thereof and that the liquidated damages specified herein represent a fair and equitable approximation of the County's damages. Liquidated damages shall be in the amount of $400 for each calendar day of delay. See General Conditions.

TRAINING

The Contractor shall provide the County with primary training for each basic unit of equipment purchased. This training shall be adequate to equip a typical equipment operator in order to ensure proper operation and utilization of the equipment supplied. Any manuals necessary to perform the required training shall be furnished by the Contractor.

1.6. INSURANCE REQUIREMENTS

Insurance Requirements

1. Contractor and subcontractors must procure and maintain, until all of their obligations have been discharged, including any warranty periods under this Contract 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, his agents, representatives, employees or subcontractors.

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

3. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the work under this Contract by the Contractor, his agents, representatives, employees or subcontractors and Contractor is free to purchase additional insurance as may be determined necessary.

4. Contractor must provide coverage with limits of liability not less than those stated below.

Commercial General Liability (Occurrence Form)

1. Policy must include Bodily Injury, Property Damage, Personal Injury and Broad Form Contractual Liability with coverage limits no lower than:

1. Each Occurrence: $1,000,000

2. General Aggregate: $2,000,000

3. Products & Completed Operations Aggregate: $2,000,000

4. Personal and Advertising Injury: $1,000,000

5. Blanket Contractual Liability: $1,000,000

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

3. Policy must contain a waiver of subrogation endorsement, as required by this written Contract, in favor of the County of Mohave, and its departments, agencies, officers, officials, agents, employees and volunteers for losses arising from work performed by or on behalf of the Contractor.

4. Commercial General Liability Additional Insured Endorsement must be as broad as CG 20 10 11 85.

5. Contractor's subcontractors will be subject to the same minimum requirements identified above. Contractor must 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.

Commercial Automobile Liability

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

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

3. The policy shall be endorsed to include the following additional insured language: "The County of Mohave shall be named as an additional insured with respect to liability arising out of the activities performed by, or on behalf of the Provider, including automobiles owned, leased, hired or borrowed by the Provider".

4. Provider's subcontractors shall be subject to the same minimum requirements identified in this section.

5. Policy shall contain a waiver of subrogation against the County of Mohave.

6. This requirement may be waived if no vehicles will be used in performance of this Contract.

Worker's Compensation

1. Policy must have coverage limits no lower than:

1. Per Occurrence: Statutory

2. Employer's Liability: $1,000,000

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3. Disease Each Employee: $1,000,000

4. Disease Policy Limit: $1,000,000

2. Policy must contain a waiver of subrogation endorsement, as required by this written Contract, in favor of the County of Mohave and its departments, agencies, officers, officials, agents, employees and volunteers for losses arising from work performed by or on behalf of the Contractor.

3. This requirement will not apply to each Contractor or subcontractor that is exempt under A.R.S. § 23-901, and when such Contractor or subcontractor executes the appropriate waiver form (Sole Proprietor or Independent Contractor).

4. Contractor's subcontractors will be subject to the same minimum requirements identified in this section. Contractor must 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.

Builders Risk

Builders' Risk Insurance or Installation Floater

1. In an amount equal to the initial Contract Amount plus additional coverage equal to Contract

Amount for all subsequent change orders.

2. The County of Mohave, the Contractor, subcontractors, engineer and engineer’s consultant and any others with an insurable interest in the work shall be Insureds on the policy.

3. Coverage shall be written on an all risk, replacement cost basis and shall include coverage for soft costs, flood and earth movement.

4. Policy shall be maintained until whichever of the following shall first occur: (1) final payment has been made; or, (2) until no person or entity, other than the County of Mohave, has an insurable interest in the property required to be covered.

5. Policy shall be endorsed such that the insurance shall not be canceled or lapse because of any partial use or occupancy by the County.

6. Policy must provide coverage from the time any covered property becomes the responsibility of the Contractor, and continue without interruption during construction, renovation, or installation, including any time during which the covered property is being transported to the construction installation site, or awaiting installation, whether on or off site.

7. Policy shall contain a waiver of subrogation against the County of Mohave.

8. Contractor is responsible for the payment of all policy deductibles.

Claims Made Insurance Coverage

If any or part of the required insurance is written on a claims-made basis, any policy retroactive date must precede the date of the contract and the Contractor must maintain such coverage for a period not less than three (3) years following contract expiration, termination or cancellation.

Additional Insurance Requirements

1. The policies shall include, or be endorsed to include, the following provisions:

1. The Contractor's policies shall stipulate that the insurance afforded the contractor shall be primary insurance and that any insurance carried by Mohave County, and its agents, officials, or employees shall be excess and not contributory insurance, as provided by A.R.S. § 41-621 (E).

2. Coverage provided by the Contractor shall not be limited to the liability assumed under the indemnification provisions of this Contract.

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3. Commercial General Liability Additional Insured Endorsements shall be as broad as

CG2010 1185.

4. Mohave County, at its sole discretion, may increase or decrease the insurance limits and coverages outlined herein.

Policy Change Notice

Contractor will give the County 10 days advance written notice before any of the above policies are changed in any manner that is inconsistent with the requirements of this Contract. The notice must be sent directly to the Procurement Division of the Business Services Department.

Additional Insured

The Commercial General Liability, Commercial Automobile Liability and umbrella policies where applicable will include the County as an additional insured with respect to liability arising out of the performance of this contract. The County must be covered to the full policy limits, even if those limits of liability are in excess of those required by this Contract.

Acceptability of Insurers

Contractors insurance shall be placed with companies licensed in the State of Arizona or hold approved non-admitted status on the Arizona Department of Insurance List of Qualified Unauthorized Insurers. Insurers shall have an “A.M. Best” rating of not less than A- VII. Mohave County in no way warrants that the above-required minimum insurer rating is sufficient to protect the Contractor from potential insurer insolvency.

Verification of Coverage

1. Prior to beginning of work or services, Contractor shall furnish Mohave County with Certificates of Insurance (ACORD form or equivalent approved by Mohave County) as required by this Contract. The certificates for each insurance policy are to be signed by an authorized representative.

2. All certificates and endorsements are to be received and approved by Mohave County before work commences. Each insurance policy required by this Contract must be in effect at or prior to commencement of work under this Contract and remain in effect for the duration of the project. Failure to maintain the insurance policies as required by this Contract, or to provide evidence of renewal, is a material breach of contract.

3. All certificates required by this Contract shall be sent directly to Mohave County. The Mohave County project/contract number and project description shall be noted on the Certificate of Insurance. Mohave County reserves the right to require complete copies of all insurance policies required by this Contract at any time.

Subcontractors

Contractors’ certificate(s) shall include all subcontractors as insureds under its policies or Contractor shall furnish to Mohave County separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to the minimum requirements identified above.

Exceptions

In the event the Contractor or sub-contractor(s) is/are a public entity, then the Insurance Requirements shall not apply. Such public entity shall provide a Certificate of Self- Insurance.

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Approval

Any modification or variation from the insurance requirements in this Contract shall be made by the contracting agency in consultation with Mohave County. Such action will not require a formal Contract amendment, but may be made by administrative action.

1.7. STANDARD TERMS AND CONDITIONS

ACCEPTANCE

Mere physical receipt and inspection of goods or services by the County does not alter or affect the obligations of Contractor to provide goods and services that conform to all specifications of this Contract and the County may reject goods or services that are later found to be nonconforming.

ADVERTISING

Contractor will not advertise or publish information concerning this Contract without prior written consent of the County.

AMERICANS WITH DISABILITIES ACT

The Contractor shall comply with all applicable provisions of the Americans with Disabilities Act (Public Law 101-336, 42 U.S.C. 12101, et seq.) and applicable Federal regulations under the Act.

APPLICABLE LAW

This Contract shall be governed, and the County and Contractor shall have all remedies afforded to each, by the Mohave County Procurement Code and the law of the State of Arizona. State law claims shall be brought only in Federal or State Courts in the State of Arizona.

ARBITRATION

Notwithstanding any other provision in this Contract, no agreement by the County to arbitrate a dispute is binding unless given expressly and in writing after execution of this Contract. However, if both parties agree, disputes may be resolved through arbitration following the process in A.R.S. § 12- 1501, et seq. Contractor must continue to perform under this Contract without interruption, notwithstanding the provisions of this section.

ASSIGNMENT

Contractor may not assign its rights or obligations under this Contract without the prior written permission of the County's Board of Supervisors or Procurement Director. The County will not unreasonably withhold approval for a requested assignment.

CHILD/SWEAT-FREE LABOR POLICY

The Contractor shall comply with all applicable provisions of the United States Federal and State Child Labor and Worker's Right laws and agrees if called upon to affirm in writing, that they, and any subcontractor involved in the provision of goods to the County, are in compliance.

COMMENCEMENT OF WORK

Contractor will not commence any billable work or provide any material or service under this Contract until Contractor receives a purchase order or is otherwise directed to do so, in writing, by the County.

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CONFIDENTIALITY OF RECORDS

Contractor will establish and maintain procedures to ensure that no information contained in its records or obtained from the County or from others in carrying out its functions under this Contract is used or disclosed by it, its agents, officers, or employees, except as required to efficiently perform its duties under the Contract, and will take appropriate measures to protect any personal identifying information of any individuals.

CONFLICTS OF INTEREST

The County may terminate this Contract without penalty or further obligation pursuant to A.R.S. § 38- 511 if any person significantly involved in initiating, negotiating, securing, drafting, or creating the Contract on behalf of the County is or becomes, at any time while the Contract or any extension of the Contract is in effect, an employee of, or a contractor to, Contractor with respect to the subject matter of this Contract. Termination will be effective when written notice from the County's Procurement Director is received by Contractor, unless the notice specifies a later time.

CONTRACT AMENDMENTS; ADDITIONAL WORK

This Contract may only be amended by a written agreement signed by the parties. The Mohave County Board of Supervisors or the County's Procurement Director (or their designee) may, on behalf of the County (1) approve and execute any amendments, change orders, or supplemental written agreements; and (2) grant time extensions or contract renewals. Except in the case of a documented emergency approved by the County's Contract Representative in writing, Contractor will not perform any work under this Contract that exceeds the scope of work or contract amount unless a formal addendum or change order has first been approved and executed by the County.

DEFAULT IN ONE INSTALLMENT TO CONSTITUTE TOTAL BREACH

Contractor shall deliver conforming materials in each installment or lot of this Contract and may not substitute nonconforming materials. Delivery of nonconforming materials, or default of any nature, may constitute breach of the Contract. Noncompliance may be deemed a cause for possible Contract termination.

DELIVERABLES PROPERTY OF COUNTY; NO LIENS

All services, information, computer program elements, reports and other deliverables created under this Contract are the sole property of the County and may not be used or released by Contractor except with the County’s prior written permission.

All deliverables supplied to the County under this Contract will be free of all liens and encumbrances.

ENTIRE CONTRACT; INTERPRETATION

This Contract, which includes all the conditions and requirements set forth in the solicitation and all Amendments to the solicitation, all the Special Terms and Conditions and Standard Terms and Conditions, and all the terms of the submittal submitted by Contractor as finally negotiated and accepted by the County, constitutes the entire agreement of the parties regarding the services described in the Scope of Work and will prevail over any and all previous agreements, contracts, proposals, negotiations, purchase orders, or master agreements in any form.

No course of prior dealings between the parties and no usage of the trade will be deemed to supplement or explain any term used in the Contract.

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FEDERAL IMMIGRATION LAWS AND REGULATIONS

Contractor warrants and will require each subcontractor performing work on this Contract to warrant that it will comply with all federal immigration laws and regulations that relate to its employees and with the requirements of A.R.S. § 23-214(A). A breach of this warranty will be deemed a material breach of this Contract that is subject to penalties up to and including termination of this Contract.

County may inspect the records of any employee of Contractor or any subcontractor performing work on this Contract to monitor Contractor’s and its subcontractors’ compliance with this warranty.

FINANCIAL RECORDS AND AUDITS

1. Financial Controls and Accounting Records. Contractor will exercise internal controls over all financial transactions related to this Contract in accordance with sound fiscal policies.

Contractor will maintain books, records, documents, and other evidence directly pertinent to the performance this Contract in accordance with generally accepted accounting principles and practices consistently applied, and other local, state or federal regulations.

2. Retention Period. Contractor will maintain those records, together with related or supporting documents and information, at all times during the term of this Contract and for a period of 3 years after its expiration or termination.

3. Audits. The County and its authorized representatives may, with advance written notice to Contractor, during the term of this Contract or thereafter during the above retention period, inspect and audit Contractor's books and records that relate to its operations under this Contract as well as those kept by or under the control of its agents, assigns, successors and subcontractors. The Contractor will, at its expense, make such books and records available for such inspection and audit during normal business hours at Contractor’s office, place of business, or other agreed-upon location, or will provide copies by mail or electronically. The County may, as part of its examination, make copies of, or extracts from, all such books and records (in whatever form they may be kept, whether written, electronic, or other).

4. Result of Audit. If, as a result of such audit, Contractor is liable to the County for the payment of any sum, Contractor will pay such sum to the County together with interest thereon at the rate of one percent (1%) per month from the date such sums should have been paid, or the date of any overpayment by County, within 90 days after presentation of County’s findings to Contractor. If the audit results in findings of fraud, misrepresentation, or non‐performance, Contractor will pay the County’s costs of conducting the audit. The County's audit rights will survive the expiration or termination of this Contract.

5. Subcontractors and Assigns. Contractor will include these Section H.31 requirements in every agreement with any agent, assign, successor, and subcontractor who provides construction, professional design services, goods or services under this Contract.

FORCE MAJEURE

Except for payment of sums due, neither party will be liable to the other nor deemed in default under this Contract if and to the extent that such party's performance of this Contract is prevented by reason of Force Majeure. The term "Force Majeure" means an occurrence that is beyond the control of the party affected and occurs without its fault or negligence. Force Majeure does not include late performance by a subcontractor unless the delay arises out of a Force Majeure occurrence.

If either party is delayed at any time in the progress of the work by Force Majeure, the delayed party must notify the other party in writing of the delay as soon as practical, including when the delay commenced and its cause. The notice must make a specific reference to this article to fall within its protection. The delayed party must resume performance as soon as practicable and must notify the

PROCUREMENT DEPARTMENT Page 16 of 43 other party in writing when it has done so. The parties will modify the Contract to agree upon the period of time by which the excused delay extends any completion dates.

GRATUITIES

The County may, by written notice to the Contractor, terminate this Contract if it finds that gratuities, in the form of entertainment, gifts, meals or otherwise, were offered or given by Contractor or any agent or representative of Contractor, to any officer or employee of the County to influence the award of this Contract or any determinations with respect to the performance of this Contract. In the event this Contract is terminated by the County pursuant to this provision, the County will be entitled, in addition to any other rights and remedies, to recover or withhold from Contractor the amount of the gratuity.

INDEMNIFICATION

To the extent allowed by law, Contractor must indemnify, defend, and hold harmless Mohave County, and its officers, officials, agents, Officers, and employees (hereinafter referred to as “Indemnitee”) from and against any and all claims, actions, liabilities, damages, losses, or expenses (including court costs, attorneys’ fees, and costs of claim processing, investigation and litigation) (hereinafter referred to as “Claims”) for bodily injury (including death), personal injury, or loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in part, by the acts or omissions of Contractor or any of its owners, officers, directors, agents, employees or subcontractors. This indemnity includes 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 the specific intention of the parties that the Indemnitee must, in all instances, except for Claims arising solely from the negligent or willful acts or omissions of the Indemnitee, be indemnified by Contractor from and against any and all claims. It is agreed that Contractor will be responsible for primary loss investigation, defense and judgment costs where this indemnification is applicable. In consideration of the award of this Contract, the Contractor agrees to waive all rights of subrogation against Mohave County, its officers, officials, agents, Officers, and employees for losses arising from the work performed by the Contractor for Mohave County.

The scope of this indemnity will not be limited by the Insurance Requirements contained herein.

INDEPENDENT CONTRACTOR

Neither party is the agent, employee, partner, joint venturer, or associate of the other. No employee or agent of one party will be deemed or construed to be the employee or agent of the other party for any purpose. Neither party will be liable for any debts, accounts, obligations or other liabilities whatsoever of the other, including (without limitation) the other party's obligation to withhold Social Security and income taxes for itself or any of its employees.

INSPECTION AND ACCEPTANCE

All materials and services provided to the County under this Contract are subject to final inspection and acceptance by the County. Any materials or services failing to conform to the specifications of this Contract must be promptly replaced or redone at Contractor’s cost. Nonconforming goods or services may be deemed a default and result in Contract termination.

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INTELLECTUAL PROPERTY

If manufacture, sale, or use of any method, process, machine, technique, design, living thing, genetic material, or composition of matter, or any part thereof (“Product”) by Contractor in performing its duties under this Contract is determined to constitute infringement and if further manufacture, sale, or use of said Product is enjoined, Contractor will, at its own expense, either procure for the County the right to continue manufacture, sale, or use of that Product, replace it with an alternative non-infringing Product, or modify it so it becomes non-infringing.

If requested by County, Contractor will provide the County with satisfactory evidence of patent licenses or patent releases covering County-specified proprietary materials, equipment, devices or processes.

ISRAEL BOYCOTT DIVESTMENTS

If this Contract has a value of $100,000 or more, Contractor certifies that it is not currently engaged in, and will not during the term of this Contract engage in, a boycott of goods or services from Israel as defined in A.R.S. § 35-393.

LEGAL REMEDIES

All claims and controversies shall be subject to the Mohave county Procurement Code.

LICENSES

Contractor will maintain in current status all Federal, State, and local licenses and permits required for the operation of the business conducted by the Contractor as applicable to this Contract. Contractor will, at the request of the County at any time during the term of this Contract, give the County a valid copy of its business license or, if it is exempt, a written determination from the County Business License Section that a business license is not required.

NO WAIVER

No provision in this Contract acts expressly or by implication as a waiver by either party of any existing or future right and/or remedy available at law in the event of any claim, default or breach of contract. If either party fails to insist upon the other’s strict performance of any duty or condition under this Contract or fails to exercise or delays in exercising any right or remedy provided in this Contract or by law, or accepts nonconforming materials or services, that party will not be deemed to have waived its right to insist thereafter upon the strict performance of the Contract.

NON-EXCLUSIVE CONTRACT

This Contract is for the sole convenience of the County, which may obtain like goods or services from other sources.

OVERCHARGES BY ANTITRUST VIOLATIONS

To the extent permitted by law, Contractor hereby assigns to the County any and all claims that Contractor has for overcharges by any subcontractor or supplier of goods or services used by Contractor to fulfill this Contract that relate to antitrust violations.

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PAYMENT

1. Form of Payment. Unless otherwise specified elsewhere in this Contract, the County is permitted to make payments to Contractor using any lawful method of payment, including check/warrant, credit card, or electronic funds transfer.

2. Invoices. Unless County pays by credit card at time of order or point of sale, Contractor will issue to the County a separate invoice for each shipment of materials or provision of services under this Contract, and County will issue no payment prior to receipt of the goods or services and the related invoice. The invoice may not be dated prior to the receipt of goods or completion of services.

3. Timing of Payments. The County will make commercially reasonable efforts to process payments due under this Contract within 21 calendar days after receipt of materials or services and a correct invoice.

4. Payment Discounts. Any early- or timely-payment discounts included in Contractor’s submittal will apply to all payments under this Contract. The payment period for purposes of determining whether the discount applies to a particular payment will begin on the date the County receives the materials/service or a correct invoice for the materials/service, whichever is later, and will end on the date County’s payment is issued. Unless freight and other charges are itemized, the discount will be calculated using the full invoice amount.

PROTECTION OF COUNTY PROPERTY

If this Contract requires Contractor to perform any work on County-owned property, Contractor will use reasonable care to avoid damaging existing buildings, equipment, and vegetation (such as trees, shrubs, and grass) on the property.