Mohave - Rattlesnake Detention Basin Construction Phase 2

The County of Mohave, on behalf of the Flood Control District Department, is seeking bids from qualified respondents for a construction project titled: Mohave - Rattlesnake Detention Basin Construction Phase 2. All bids are due before 2:00 pm on Tuesday, May 12, 2026.

This project consists of construction of 2 detention basins on Flood Control District land north of the City of Kingman with access from Grace Neal Parkway.  The work site is located in a portion of Sections 15 &  22 of Township 22 North, Range 16 West.  The basins are designed to be formed by excavation and embankment.

The construction cost range of this Project is expected to be between One Million Dollars ($1,000,000) and Five Million Dollars ($5,000,000).

Background

Mohave County Flood Control District purchased 100 acres just north of the Mohave Wash & Rattlesnake Wash confluence with the intent of contributing infiltrated stormwater to the aquifer.  A series of 4 basins was designed across the 100-acre parcel to infiltrate as much as 144 acre-feet of stormwater. Phase 1 is underway with the construction of Basin 1 and 2. Phase 2 is for the construction of Basin 3 and 4.

The detention basins will provide flood control benefits to the City of Kingman Wastewater Treatment plant downstream.  Impounded storm runoff may also contribute to the aquifer by infiltration into the ground for a period of time after a storm.

Funds for the basin design and construction are from Congressionally Directed Spending, supplemented by budgeted money from the Mohave County Flood Control District.

Project Details

• Reference ID: 2026-047-IFB
• Department: Flood Control District
• Department Head: Scott Holtry (Development Services Director)

Important Dates

• Questions Due: 2026-04-30T00:00:00.000Z
• Pre-Proposal Meeting: 2026-04-23T16:00:00.000Z — Pre-Bid Conference will be in-person at the Mohave County Development Services Boriana Conference Room, 3250 Kino Avenue, Kingman, AZ. Site Walk to follow: Beginning at the intersection of Hwy 66 and Grace Neal Parkway, Kingman, AZ, proceed approximately one mile west along Grace Neal Parkway (unimproved).

Evaluation Criteria

• ADDITIONAL PURCHASE —

  The County reserves the right to purchase additional equipment under the same terms and conditions of this contract, including price, within the Contract term or within the next twelve months, if no contract term is specified.

• Pre-Bid Web Conference Instructions —

  <COPY AND PASTE INSTRUCTIONS TO JOIN PRE-BID HERE>

• Description of Work —
  1. The Mohave County Flood Control District is proposing the construction of 2 detention basins on Flood Control District land north of the City of Kingman. 
  2. Plans and Specifications: Contractor shall complete the project in accordance with:
     1. Attachment A - Plans,
     2. Attachment B -Design Report,
     3. Attachment C - Special Provisions,
     4. Attachment D - Sediment Gage and
     5. Attachment E - Geotechnical Evaluation. 
  3. Site Location: The worksite is located in a portion of Sections 15 & 22 of Township 22 North, Range 16 West. 
  4. Spoils: The dirt placed in the spoil area can be left there indefinitely.  It does not have to be removed.
  5. Time for Completion: All work shall be completed within one hundred eighty (180) Calendar Days from issuance of Notice to Proceed.
• 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.

  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.

• DEFINITIONS AND TERMS —

  Materials or work described in words, which have a well-known technical or trade meaning, shall be held to refer to such recognized standards. For purposes of this solicitation and subsequent contract, the following definitions shall apply:

  Addendum: A supplement to any of the Bid Documents issued, in writing, after advertisement of but prior to the opening of bids for a Contract.

  Bid Documents: The solicitation and all of its provisions, exhibits, forms, plans, specifications, addenda, amendments, and other documents issued by the County.

  Bonds: Bid bonds, performance and payment bonds and other instruments of security.

  Calendar Day: Any and every day shown on the calendar, beginning at midnight and ending at midnight of the next day.

  Change Order: A written order issued by the County to the Contractor to make changes in the Work or to perform extra Work and setting forth conditions for payment and/or adjustment in time of completion.

  Contract Time: The number of calendar days allowed for the Substantial Completion of the Work as stated in the Bid Documents and beginning on the day that Notice to Proceed is issued by the County. If specified as a calendar date, it shall be the date on which all Work on the Project shall be completed and meet final inspection.

  Contract Documents: The integral documents, including the Bid Documents, which are referenced in and shall become a part of the Contract, and may include but may not be limited to; Invitation for Bids, General Conditions, Special Terms and Conditions, Standard Terms and Conditions, Plans, Specifications, Standard Details, Special Provisions, Proposal, Addenda, Amendments, Certificates of Insurance, Ordinance, Contract, and Change Orders.

  Consultant Engineer: An engineer under Contract with the County to provide technical support to the County Engineer.

  County Engineer: The person appointed by the Board of Supervisors as the County Engineer, either acting directly or through their designee.

  Emergency: Unforeseen occurrences and combinations of circumstances involving the public welfare, or the protection of Work already done under the Contract Documents, or which endanger life or property and call for immediate action or remedy.

  Inspector: An authorized representative of the County assigned to make detailed inspections of Contract performance.

  Liquidated Damages: A sum set forth in the Contract documents that will be deducted from any monies due to the Contractor, not as a penalty, but in lieu of actual damages for late completion of the work.

  Materials: Any substance specified in the Project, equipment and other material used or consumed in the performance of the Work.

  Notice of Award: A notice from the County advising the Contractor that they are the successful bidder and the County has accepted their Offer.

  Notice to Proceed: A notice issued by the County, authorizing the Contractor to start the Work or improvements required in the Contract.

  Owner: The actual property owner of the property in question.

  Pay Item: A detail of Work for which separate payments are to be made under the Contract.

  Plans: All drawings or reproductions thereof prepared pertaining to the Work, which are part of the Contract Documents.

  Project: A specific coordinated construction or similar undertaking usually identified by a single Project number and bid and awarded as one Contract. On occasion two or more Projects may be bid and awarded as a single Contract.

  Shop Drawings: Drawings or reproduction of drawings, detailing; fabrication and erection of structural elements, falsework and forming for structures, fabrication of reinforcing steel, installed equipment and installation of systems, or any other supplementary plans or similar data, which the Contractor is required to submit for approval.

  Specifications: The descriptions, directions, provisions, and requirement for performing the Work as contained in or specified in the Contract Documents.

  Subcontractor: A supplier, distributor, vendor, or firm that furnishes supplies or services for the Contractor in relation to this Contract.

  Substantial Completion: Work that is sufficiently complete, in the sole discretion of the County Engineer, so that it can be used for its intended purpose.

  Superintendent: The Contractor’s designated representative on the Site who will supervise and direct the Work, has authority from the Contractor to receive and fulfill instructions from the County with respect to that particular phase of the Work, and will take action required to properly carry out the Work on behalf of the Contractor.

  Work: Any or all of the improvements specified or indicated in the Contract Documents and the construction, demolition, reconstruction, and repair of all or any portion of such improvements, and the furnishing of all of the needed experienced supervision and labor, materials, equipment, transportation, utilities, supplies, services, facilities and any other incidentals and incidental expenses necessary or convenient to the successful completion of the Project and the carrying out of all the duties and obligations imposed by the Contract.

• 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.
  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.
• 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.

• INTENT —

  The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work.  The Contractor is required to furnish all supervision, labor, materials, equipment, transportation, utilities, supplies, services, facilities, expenses, and any other incidentals necessary or convenient to perform the Work necessary to complete the Contract in a manner in full compliance with the Contract Documents for the total sum of the Contractor’s Bid.

  The Contractor shall supervise and direct the Work and shall be solely responsible for, and have control over, construction means, methods, techniques, sequences and procedures, and for coordinating all portions of the Work, unless the Contract gives other specific instructions concerning these matters.

• Contract Order of Precedence —
  • 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.
  • 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. 
  • In case of discrepancy or conflict, the order of precedence of documents is as follows: MAG Specifications, Specifications, Plans, IFB.
  • 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. 
• 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.
• AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR —

  Funds are not presently available for performance under this Contract. The County's obligation for performance of this Contract is contingent upon the availability of funds from which payment for Contract purposes can be made. No legal liability on the part of the County for any payment may arise for performance under this Contract until funds are made available for performance of this Contract.

• 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.

• Invitation For Bid Information —

  Mohave County Invitation for Bid No. 2026-047-IFB

  Project Title: Mohave - Rattlesnake Detention Basin Construction Phase 2

   

  Bid Due Date: Tuesday, May 12, 2026 at 2:00 pm (Local Arizona Time)

  Pre-Bid Conference Date: Thursday, April 23, 2026

  Pre-Bid Conference Time: 9:00 am (Local Arizona Time)

  Pre-Bid Conference Location: Pre-Bid Conference will be in-person at the Mohave County Development Services Boriana Conference Room, 3250 Kino Avenue, Kingman, AZ. Site Walk to follow: Beginning at the intersection of Hwy 66 and Grace Neal Parkway, Kingman, AZ, proceed approximately one mile west along Grace Neal Parkway (unimproved).

  Questions must be directed to: Shelli Whaley, (928) 753-0752 Ext: 3, whales@mohave.gov

  Publication Dates: 04/22/2026 and 04/29/2026  - Issue Date: Monday, April 20, 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. Reponses 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.

   

   

• ADVERTISING —

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

• 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.
• 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. $1,000,000 to $5,000,000
  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.
• COOPERATIVE PURCHASING —

  Contractor will, when requested, provide goods and services at the same prices and under the same terms and conditions as set forth in this Contract to any public or nonprofit agency that, at the time of request, has a Cooperative Purchasing Agreement with the County or participates in the Strategic Alliance for Volume Expenditures (SAVE) cooperative - see http://www.mesaaz.gov/home/showdocument?id=23638 for a list of agencies participating in SAVE. These lists are subject to change. Contractor may, however, negotiate with an agency for payment of additional out-of-pocket expenses that will be incurred by Contractor in providing goods and services to the agency (i.e., freight charges, travel related expenses, etc.).

  Each participating agency that orders goods or services under this Contract as provided above is solely responsible for paying Contractor for those goods and services. The County is not responsible for any disputes arising out of transactions made by others.

• RESPONSIBILITY FOR THOROUGH REVIEW —

  By bidding, bidders certify that they have:

  1. Carefully examined and studied all documents, drawings, specifications, and instructions and the other related data in the Bid Documents and notified County of any found discrepancies,
  2. Field verified all dimensions shown and checked all measurements in connection with the Work or other existing conditions,
  3. Investigated and researched possible conditions that could differ from those indicated in the Bid Documents,
  4. Considered the means, methods, techniques, sequences, and procedures of construction for completion of the Work as indicated in the Bid Documents.
  5. Considered and investigated all of the permanent and temporary utilities and utility appurtenances,
  6. Performed due diligence to become familiar with the general, local, and site of Work conditions, and fully informed themselves of the site’s subsurface conditions,
  7. Investigated and considered the effect of federal, state, and local laws and regulations on cost, progress, and performance of the Work.

  Contractor is required to immediately notify County if any discrepancies, errors, omissions, or inconsistencies are discovered in the drawings or specifications, or between the drawings and specifications, or there are any conflicts between existing site conditions and the requirements of the drawings and specifications.

  If the Contractor performs any construction activity knowing it involves an error, inconsistency, or omission in the Contract without notifying the County, the Contractor shall assume full responsibility for such performance and shall pay a proportionate share of the attributable costs for correction.

• AMERICAN RESCUE PLAN ACT (ARPA) FUNDED —

  This project is being funded with American Rescue Plan Act (ARPA) funds and is subject to Federal regulations detailed in "ARPA FEDERAL FUNDING REQUIREMENTS."

• 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.

• AUTHORITY OF THE COUNTY ENGINEER —

  The County Engineer has the authority to decide all questions which may arise as to the quality and acceptability of materials furnished and Work performed and as to the rate of progress of the Work, and all questions which may arise as to the interpretation of the drawings and specifications.

• 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.

• ENERGY STAR COMPLIANT —

  Products purchased under this Contract shall be Energy Star compliant, when available. The Energy Star standard is available at www.energystar.gov. Potential energy star compliant products must have proof of meeting the Energy Star standard, to include but not limited to, having the Energy Star label on the delivered product. Proof consists of one of the following levels of verification listed in order from least to most valued; self-certification with random audits, independent third-party certification or independent third-party certification with onsite and random audits.

• 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.

• Worker's Compensation —
  1. Policy must have coverage limits no lower than: 
     1. Per Occurrence: Statutory
     2. Employer's Liability: $1,000,000
     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.
• DELIVERY OF NOTICES —
  1. Required Notices: All notices required or permitted under this Agreement shall be in writing and shall be deemed to have been duly given when delivered in person, sent by certified or registered mail, postage prepaid, return receipt requested, or sent by a reputable express courier service with a written record of receipt. Each party shall promptly notify the other party in writing of any change in its address for notice purposes.
  2. Electronic Notice: The parties may mutually agree in writing to accept notices electronically, specifying the format and transmission method. However, written notice delivered in accordance with this section ("DELIVERY OF NOTICES") shall prevail in the event of any inconsistency with electronically transmitted notices.
  3. Contractor's Address for Notice: Written notices to the Contractor shall be made to the address listed on their offer.
  4. County's Address for Notice: If not otherwise specified or agreed upon by the County, written notices to the County shall be delivered to:

  Mohave County Procurement Department
  700 W. Beale Street
  PO BOX 7000
  Kingman, AZ 86402-7000

• 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.

• ESTIMATED QUANTITIES —

  The quantities shown are estimates only and the County reserves the right to increase or decrease amounts as circumstances may require.

• Umbrella/Excess Liability Insurance —
  1. The Contractor shall procure and maintain an Umbrella or Excess Liability Insurance policy written on a follow-form basis over the Contractor’s Commercial General Liability, Automobile Liability, and Employer’s Liability policies.
     1. Per Occurrence $1,000,000
     2. General Aggregate $2,000,000
  2. This policy shall:
     1. Provide coverage on a follow-form basis, except where broader coverage is available.
     2. Be issued by an insurance carrier licensed to do business in the State of Arizona and rated A- or better by A.M. Best.
     3. Name the County, its elected officials, officers, employees, agents, and volunteers as Additional Insureds on a primary and non-contributory basis.
     4. Apply to liability arising out of the Contractor’s operations, including completed operations.
     5. Contain a waiver of subrogation against the County of Mohave.
     6. Not contain exclusions that materially limit coverage for construction operations without prior written approval of the County.
  3. The Contractor shall provide certificates of insurance and endorsements evidencing the required coverage prior to commencement of work and shall maintain such coverage for the duration of the project and any applicable warranty period. 
• 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.

• 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.
• 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.

• Professional Liability (Errors & Omissions) —
  1. Policy must have coverage limits no lower than:
     1. Each Claim: $1,000,000
     2. Annual Aggregate: $2,000,000
  2. In the event that the professional liability insurance required by this Contract is written on a claims-made basis, Contractor warrants that any retroactive date under the policy shall precede the effective date of this Contract; and that either continuous coverage will be maintained or an extended discovery period will be exercised for a period of two (2) years beginning at the time work under this Contract is completed.
  3. The policy shall cover professional misconduct or negligent acts for those positions defined in the Scope of Services of this contract.
• PERSONAL LIABILITY OF PUBLIC OFFICIALS —

  In carrying out any provisions of these Contract Documents, or in exercising any power or authority granted to them by or within the Scope of the Contact, there shall be no personal liability upon the County Engineer, or any other of the County or Owner’s agents, employees, representatives, or employees, either personally or as officials of the County, Owner, or County Engineer.

• FOB DESTINATION FREIGHT PREPAID —

  Prices shall be FOB Destination Freight Prepaid to the delivery location designated. Contractor shall retain title and control of all goods until they are delivered and the Contract of coverage has been completed. All risk of transportation and all related charges shall be the responsibility of the Contractor. All claims for visible or concealed damage shall be filed by the Contractor. The County will assist the Contractor in arranging for inspection.

• 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.

• 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.

• 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.

• Professional Liability - Technology Errors & Omissions —
  1. Policy must have coverage limits no lower than:
     1. Each Claim: $1,000,000
     2. Annual Aggregate: $2,000,000
  2. In the event that the professional liability insurance required by this Contract is written on a claims-made basis, Contractor warrants that any retroactive date under the policy shall precede the effective date of this Contract; and that either continuous coverage will be maintained or an extended discovery period will be exercised for a period of two (2) years beginning at the time work under this Contract is completed.
  3. The policy shall cover professional misconduct or negligent acts for those positions defined in the Scope of Services of this contract.
• ALTERATION OF WORK —
  1. Alteration by County: The County reserves the right to make alterations by written Change Order in the details of construction and changes in quantities at any time before or during the progress of the Work. Such alterations shall not invalidate the Contract nor release the surety, and the Contractor agrees to perform the altered Work as if it had been a part of the original Contract.
  2. Alteration Due to Differing Conditions:
     1. It is the responsibility of the Contractor to immediately notify the County in writing upon discovering:
        1. Subsurface or latent physical conditions at the site of Work differing substantially from those indicated in the Contract,
        2. Unknown physical conditions at the Site of an unusual nature, differing materially from those ordinarily encountered or conditions generally recognized as inherent in Work of the character provided for in the Contract.
     2. If the County Engineer determines that conditions materially differ and cause an increase in the cost of or the time required for performance of the Contract, an equitable adjustment may be made to the Contract value and Contract time by written Change Order.
     3. Failure of the Contractor to notify the County of differing conditions in accordance with this section shall be just cause to reject any claims for additional monies and/or time.
  3. Alteration at the Contractor's Request: Contractor may request alterations of the Work that are not detrimental to the Work, and are in the best interest of the County.  Contractor requested alternations should be limited to those with little or no increase in cost to the County. Contractor is required to submit requests to the County for approval prior to performing alterations. Alteration approved by the County will be done through written Change Order and will only be made at an equitable adjustment in cost to the County.
  4. Requests for Extension of Contract Time: 
     1. If the Contractor finds it impossible for reasons beyond their control to complete the Work within Contract Time as specified or as extended due to no fault, action, inaction or other omission of the Contractor or the Contractor’s subcontractor(s), agent(s), employee(s), laborer(s), material supplier(s), or equipment supplier(s), including by way of example storms, strikes, wars, or riots directly related to and affecting the Project or Project Site, the Contractor shall immediately submit a written request to the County for an extension of Contract Time, setting forth therein the reasons which they believe will justify the granting of their request.
     2. The Contractor's plea that insufficient time was specified is not a valid reason for extensions of Contract Time. If the County Engineer determines that the Work was delayed because of conditions beyond the control and through no fault of the Contractor, the County Engineer may extend the Contract Time in such amount as the conditions justify through a written Change Order duly issued by the County. The extended Contract Time for Completion of the Work shall then be in full force and effect the same as though it were the original Contract Time for Completion of the Work.
  5. Compensation for Alteration of Work
     1. The value of any alteration of work, extra work, reduced work, or Change Order under the Contract shall be determined in one or more of the following ways:
        1. Lump Sum: A fixed price for all labor, materials, and equipment associated with the alteration, justified by quotes and estimates produced by Contractor,
        2. Unit Price: By unit price in accordance with the Contract and as required for the alteration,
        3. Time and Materials: By the actual cost of labor and materials used for the alteration, with a mark-up for overhead.
     2. Any change to the Contract cost from an alteration of work must be reasonable, based on actual change to the actual cost to the Contractor, and in accordance with the change in value of the Work as authorized in the written Change Order.
     3. The County may require Contractor to justify any requested compensation value with detailed supporting documentation, such as written estimates or calculations for a proposed compensation amount.
     4. For either an increase or decrease in cost, no claim shall be made by the Contractor for any loss of anticipated profits.
     5. Change orders will not be issued to cover any cost, loss or expense for additional labor or materials required to rectify any error or inconsistency in the drawings and specifications unless prior notification is given by the Contractor.
     6. Any alteration of work performed by the Contractor not in accordance with this section is performed at the Contractor’s risk.
  6. Compensation for Delays by County
     1. In accordance with ARS 34-221, if the Contractor sustains damages related to expenses incurred by the contractor for a delay for which the County is responsible, which is unreasonable under the circumstances and which was not within the contemplation of the parties to the contract, the County and Contractor shall enter into negotiations for compensation for recovery of damages to the Contractor.
     2. This section does not void any provision in the Contract that requires notice of delays or provides for arbitration or other procedure for settlement or provides for liquidated damages.
     3. Compensation for such damages will be negotiated as follows:
        1. The County shall be satisfied that the Contractor has made every reasonable effort to prosecute the Work despite any delays encountered or revisions in the Contractor's scheduling of Work,
        2. The Contractor is required to immediately notify the County in writing of discovery of conditions or delays,
        3. The Contractor shall provide a detailed written estimate to the County for requested compensation in accordance with Compensation for Alteration of Work, above,
        4. The County may choose to either issue a written Change Order to accept the estimate or further negotiate,
        5. The County and Contractor shall negotiate a Change Order to the Contract, including an extension to Contract Time, if necessary,
        6. If both parties are unable to agree to a negotiated compensation value, dispute resolution procedures elsewhere in this Contract shall apply.
• 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.

• TAXES —

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

• LIQUIDATED DAMAGES —

  1. For each and every calendar day that Contractor fails to achieve substantial completion of the Work after the Contract Time for completion of the Work specified in the Contract Documents, or as adjusted by the County through written Change Order, the amount of liquidated damages stated elsewhere in the Contract shall be deducted from monies due to or to become due to the Contractor, not as a forfeit or penalty but as liquidated damages. This sum is fixed and agreed upon between the parties because the actual loss to the County and to the public caused by delay in completion will be impractical and extremely difficult to ascertain and determine.

  2. Permitting the Contractor to continue and finish the Work or any part of it after the time fixed for its completion, or after the date to which the time fixed for its completion may have been extended, will in no way operate as a waiver on the part of the County of any of its rights under the Contract.

  3. In the event the County, in the County’s sole discretion determines that it can and desires to calculate actual damages, and therewith, the County determines that it desires to make claim against the Contractor for actual damages rather than liquidated damages, then the County may but need not claim and deduct the amount of actual damages in lieu of liquidated damages. Actual damages shall include all damages whatsoever, without limitation, the actual cost of maintaining the County’s professional services, inspection, and other necessary forces and equipment for those calendar days beyond the Contract Times for completion and the actual date of completion of the Project in accordance with the terms of the Contract Documents, together with any other costs, fees, expenses, or damages suffered by the County due to the Contractor not completing the Project within the Contract Times.

• 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.

• Cyber Liability —
  1. Cyber Liability in an amount not less than Five Million ($5,000,000) per occurrence/Five Million Dollars ($5,000,000) aggregate with a retroactive liability date (if applicable to claims made coverage) the same as the effective date of the Contract or earlier and carried forward as that same retroactive date or earlier on any subsequent renewals of this Contract.  The policy shall contain an Extended Claim Reporting Provision of not less than two years following termination of the policy.
• SUBMITTALS, PLANS, AND SHOP DRAWINGS —

  1. Schedule of Submittals: The Contractor shall submit, for review, a proposed schedule of shop drawings and product data submittals. The schedule will show the needed response date for each submittal and will indicate the relationship of the submittal to the Project construction schedule.

  2. Submittal Requirements: The Contractor shall submit copies of each shop drawing, product data, or mix design to the County for review. Each submittal shall be sequentially numbered and submitted according to the submittal schedule approved by the County. The Contractor shall certify in writing that each submittal conforms to the requirements of the Contract and submittals lacking written certification will be rejected by County.

  3. Submittal of Manufacturer’s Specifications: In all instances wherein the items and/or specifications require installation or construction in accordance with either manufacturers' or suppliers' recommendations and/or instructions, said recommendations and/or instructions shall be submitted with the applicable portion clearly marked for approval prior to the commencement of Work on that item or portions of the Contract.

  4. Deviations of Submittals: Any deviation of submittals from any Contract requirements must be explicitly stated in writing by Contractor with the submittal. Deviations are subject to written approval by the County and may require a Change Order, at the discretion of the County. Review by the County will not relieve the Contractor from responsibility for any errors or omissions in the submittals nor from their responsibility for compliance with the Contract Documents. Submittal accepted in writing by the County become a part of the Contract Documents. Any Work done prior to the receipt of this review will be at the Contractor's risk and expense.

  5. Trade Names and Substitutions: Plans and specifications may contain references to equipment, materials or patented processes by manufacturer, trade name, make or catalog number. Unless the name is followed by words indicating that no substitution is permitted, such references shall be regarded as establishing a standard of quality, finish, appearance, performance or, as indicated, a selection based upon compatibility with existing equipment or materials.

  6. Submittals for Substitutions:

     1. The use of an alternate or substitute item or source will be permitted after a written submittal from the Contractor, subject to approval by the County. This submittal for substitutions must:

        1. Certify that the substitution will perform the functions and achieve the results called for by the general design, be similar and of equal substance, and be suited to the same use as that specified,
        2. Describe the reasoning for substitution and benefit to County,
        3. State any required changes in the Contract Documents to adapt the design to the proposed substitution. This will include all changes required of other contractors/subcontractors affected by the resulting changes,
        4. Contain an itemized estimate of all costs and credits that will result directly or indirectly from the acceptance of such substitution, including costs of design, license fees, royalties, testing, engineer’s evaluation, claims of other contractors/subcontractors, etc.,
        5. Include any adjustments in the Contract Time created by substitution, and
        6. Include samples or any additional information the County may deem necessary to evaluate the acceptability of the substitution, at no cost to County.

         

     2. Unless submittals for substitution are directly related to availability of materials or other unforeseen conditions, there should be no additional costs to the County. If the substitution yields a net savings in the Contract price, the amount of savings shall be divided between the County and the Contractor in a percentage established by the County. If a substitution yields a net cost increase to the Contract price, the amount of the increase will be limited to actual increased costs to the Contractor. No claim shall be made by the Contractor for any loss of anticipated profits.  Any adjustment in Contract price will be addressed as an Alteration of Work.

     3. The County will then make the final decision as to the acceptability of the proposed substitution. The Contractor will be notified in writing by the County as to whether their substitution submittal has been accepted or rejected.

• Garage Liability & Garage Keepers Liability —
  1. Garage Liability: $1,000,000
  2. Garage Keeper's Liability - Direct Primary Coverage
  3. Each Auto: $500,000
  4. Each Occurrence: $1,000,000
• 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.

• 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.

• 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 $1,190 for each calendar day of delay. See General Conditions.

• 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.

• Environmental & Hazardous Waste —

  Each Claim: $

  Annual Aggregate: $

• 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 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.

• COMPLIANCE OF CONTRACTOR’S WORK WITH CONTRACT REQUIREMENTS —

  1. Conformity of Work with Plans and Specifications: All Work performed and all materials furnished shall conform with the lines, elevations, grades, cross sections, dimensions, and material requirements shown on the plans or indicated in the specifications, including tolerances.

  2. Rejection of Work: The County has the authority to reject work that is not in conformity with the Contract and to order additional inspections and testing of the Work. The County’s failure during the progress of work to discover or reject materials or work not in accordance with the plans, specifications or contract documents shall not be considered an acceptance of the work or materials or a waiver of defects. Neither the failure of the County to properly perform inspections, tests or approvals required by the contract documents nor the activities or duties of the County in the administration of this contract shall relieve the Contractor from responsibility for the means, methods, techniques, sequences or scheduling of the construction or the obligation to perform the work in strict accordance with the Contract Documents.

  3. Acceptance of Work of Diminished Value: In the event the County finds materials or Work not conforming with the requirements of the Contract, but finds the Work to be acceptable with diminished value, the County may make a determination, in its sole discretion, if the Work shall be accepted and remain in place. The County will document the basis of acceptance including an appropriate reduction in the contract price without the signature or approval of the Contractor. Such acceptance of non-conforming work shall not constitute a waiver of any other work required under this contract.

• NO PRE-BID/PROPOSAL CONFERENCE —

  The County is foregoing a Pre-Bid/Proposal conference for this solicitation. Prospective bidders/offerors are invited to contact the assigned Contract Officer with any questions, preferably within 5 days prior to the submittal due date. Ordinarily, the purpose of this conference is to clarify the contents of this solicitation in order to prevent any misunderstanding of the County's position. Any doubt as to the requirements of this solicitation or any apparent omission or discrepancy should be presented to the Procurement Officer before the submittal due date. The County will then determine the appropriate action necessary, if any, and issue a written addendum to the solicitation. Oral statements or instructions shall not constitute an addendum to this solicitation.

  Questions can be asked in the Question and Answer tab of the project no later than Wednesday, April 29, 2026 at 5:00 pm.

• 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.

• OPERATING SYSTEM STANDARDS —

  As delivered, the products specified herein will be based on “current operating systems” for computers and/or networks. For the purposes of solicitation and any subsequent Contract, “current operating systems” means that the required computer systems and network technology, including all releases and upgrades, will be:

  1. commercially available versions as of the date that the proposed product is to be delivered; and
  2. do not have publicly announced dates for termination of vendor support within three years of the proposal date.

  In the event that a vendor’s termination of support for the proposed operating system version is announced subsequent to acceptance of the product proposal and before delivery of the product, vendor will provide assistance at no additional charge, as part of the product delivery plan, to upgrade the proposed product’s required operating system platform so that no less than two years of Bidder/Offeror support for the operating system will be in place at the time of delivery.

  By signing the Offer and Acceptance Page Bidder/Offeror certifies that the proposed product runs on Current Operating Systems.

• 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.

• SUSPENSION OR TERMINATION OF THE WORK —
  1. Suspension of Work by County:
     1. Notwithstanding other remedies set forth in the Contract Documents, the County or County Engineer may, at their sole discretion, immediately suspend the Work wholly or in part for any of the following reasons:
        1. Due to unsafe conditions,
        2. To allow for testing and inspection for reasonable suspicion of defective Work or materials,
        3. For Contractor’s failure to carry out requirements of the Contract,
        4. For unsuitable weather or other conditions considered unsuitable for the prosecution of the Work,
        5. For any other condition or reason deemed to be in the public interest by the County. 
     2. Suspensions of Work that are not the fault of the Contractor shall be excluded from counting Contract Time. Suspensions of Work that are the fault of the Contractor shall be included in counting Contract Time.
  2. Termination by the County for Cause:
     1. The County, in its sole discretion, may terminate this Contract as to all or any part of the Work after giving the Contractor seven (7) days written notice for any of the following reasons:
        1. If the Contractor abandons the Work, or unnecessarily delays the Work.
        2. If the Contractor should persistently or repeatedly refuse or fail to supply enough properly skilled workers or proper materials or competent subcontractors.
        3. If the Contractor fails to make payment to subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the subcontractor or as expressly set forth herein.
        4. If the Contractor persistently disregards laws, ordinances, or rules, regulations or orders of a public authority having jurisdiction, or persistently violates the conditions or covenants of this Contract.
        5. If the Contractor should be adjudged bankrupt.
        6. If the Contractor should make a general assignment for the benefit of its creditors, or if a receiver should be appointed on account of its insolvency.
        7. If the Contractor is otherwise in substantial breach of a provision of the Contract as determined by the County.
     2. Upon termination of the Contract for any of the above reasons, the County, subject to any prior rights of the surety, may:
        1. Take possession of the Work and of all materials, equipment, tools, and construction equipment and machinery at the Work site or adjacent thereto belonging to the Contractor.
        2. Accept assignment of subcontracts.
        3. Finish the Work by whatever reasonable method the County may deem expedient. In completing the Work by a new contractor or by doing the Work itself, the County may use such equipment, materials, supplies, machinery, implements, tools and plant of the Contractor in the County's possession and may make all necessary repairs and replacements thereto.
     3. If the County terminates the Contract for any of the above reasons, the Contractor shall not be entitled to receive any further payment.
     4. The cost of fully completing the Work provided for under any new contract shall include the sum or sums of money to be paid by the County to other Contractors, all costs of repairs and replacements of machinery, implements, tools and plant of the Contractor hereunder, and also all sums of money paid for additional management and administrative services, including but not limited to the cost of the expense of work performed by County staff, additional services, and added expenses made necessary by the termination of the Contract.  Contractor and its surety shall be responsible to compensate County for the cost of fully completing the Work. 
     5. If the unpaid balance of the Contract price exceeds costs of finishing the Work, such excess may, at the County’s discretion, be paid to the Contractor. If such costs exceed the unpaid balance, the County may sell all materials, supplies, machinery, implements, tools and plant of the Contractor's then on hand, at public sale, on giving the Contractor twenty (20) days notice of the time and place of such sale, and the net proceeds derived from the sale of said property shall be applied against such costs. Should the amount received from the sale be insufficient to pay such deficiency, the Contractor and its surety shall be liable to pay the amount of the deficiency.
  3. Termination by the County for Convenience
     1. The performance of the Work under this Contract may be terminated by the County, in whole or in part, in accordance with this clause whenever the County reasonably determines that such termination is in the best interest of the County.
     2. If the Contract is terminated for convenience any such termination shall be performed by delivery to the Contractor of a written Notice of Termination specifying the extent to which performance of the Work is terminated, and the date upon which such termination becomes effective. The Contractor shall receive compensation for any Work performed and accepted, together with profit in proportion to the Work performed and accepted. The compensation shall include payment for contractual obligations reasonably incurred prior to notice of termination. No amount shall be allowed for anticipated profit on unperformed Work.
     3. In the event the County terminates the Work, in whole or in part, for cause pursuant to termination by the County for cause and the termination is later deemed to be unjustified, then such termination shall be automatically deemed a termination for convenience and the provisions of this section shall apply.
     4. Termination of the Contract or portion thereof by the County for convenience shall not relieve the Contractor of their contractual responsibilities for the Work completed, nor shall it relieve the surety of its obligation for and concerning any just claim arising out of the Work completed.
• Garage Keepers Legal Liability —

  Coverage and Limits

• PRICE ADJUSTMENT —

  The County will review fully documented requests for price adjustment after any Contract has been in effect for one (1) year. Any price adjustment will only be made at the time of Contract renewal and/or extension and will be a factor in the extension review process. The County will determine whether the requested price adjustment or an alternate option, is in the best interest of the County. Any price adjustment will be effective upon the effective date of the Contract extension.

• 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.
• 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.
• 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.

• PERFORMANCE OF WORK —
  1. Cooperation with Other Contractors:
     1. The Contractor is required to cooperate with other Contractors working on behalf of the County in every way possible.
     2. The County reserves the right at any time to contract for and perform other or additional Work on or near the Work covered by the contract. When separate contracts are let within the limits of any one Project, each Contractor shall conduct their Work so as not to interfere with or hinder the progress or completion of the work being performed by other Contractors.
     3. Contractors working on the same Project shall cooperate with each other as directed. Each Contractor involved shall assume all liability, financial or otherwise, in connection with their contract and shall protect and save harmless the County from any and all damages or claims that may arise because of inconvenience, delay, or loss experienced by the Contractor because of the presence and operations of other Contractors working within the limits of the same Project.
     4. The County will not honor any claim for extra compensation due to delays, extra Work, or extension of time caused by any other Contractors working within the limits of the same site of Work or Project.
  2. Presence of Contractor on Site: The Contractor is required to supply the constant attention necessary to facilitate progress of the Work. The Contractor is required to be present at the site of Work at all times while Work is being performed with a full set of Contract Documents, either in person or represented by a competent Superintendent. Instructions and information given by the County to the Contractor's superintendent shall be considered as having been given to the Contractor. The County is authorized to require the Contractor to immediately suspend Work until the required Superintendent is present. No additional compensation or Contract Time will be allowed as a result of such suspension.
  3. Provision of Sufficient Labor and Equipment: The Contractor is required to continuously employ sufficient labor and equipment for prosecuting the Work to full completion in the manner and time required by the Contract Documents. All workers shall be competent and have sufficient skill, knowledge and experience in their class of work and in the operation of equipment required to perform all Work properly, satisfactorily and in accordance with the Contract Documents. All equipment shall be of sufficient size and in such mechanical condition as to meet requirements of the Work and to produce a satisfactory quality of Work in a safe and efficient manner.
  4. Methods and Equipment to be Used: When the methods and equipment to be used by the Contractor in accomplishing the Work are not prescribed, the Contractor is free to use any methods or equipment that they demonstrate to the satisfaction of the County Engineer will accomplish the Work in conformity with the requirements of the Contract Documents. Methods and equipment contrary to the requirements of the Contract Documents may only be used after written approval of the submittal as a deviation by the County Engineer.
  5. Removal of Workers by County: The County reserves the right to demand the removal of any person employed by the Contractor or their subcontractors who, in the opinion of the County Engineer, does not perform their Work in a proper, skillful, and orderly manner. Removed workers shall not be employed again in any portion of the Work without the approval of the County Engineer. The Contractor or Subcontractor shall keep the County harmless from damages or claims for compensation that may occur in the enforcement of this section.
  6. Contractor's Construction Schedule: 
     1. The Contractor shall provide and maintain a construction schedule for review by the County. In the event the schedule does not contain sufficient information to meet the stated Contract Times, inclusive of appropriate milestones for Substantial Completion, Final Completion, Final Acceptance and Final Payment, as determined by the County, the Contractor shall resubmit a new schedule with the additional information requested by the County. The County has the right to determine the sequence of the Work and the construction schedule, when established, shall not be changed without the written consent of the County. The orderly procedure of all Work to be performed shall be the full responsibility of the Contractor.
     2. Review of a submitted schedule by the County shall in no way be construed as an affirmation or admission that the schedule is reasonable or workable which responsibilities remain the obligations of the Contractor.
     3. Upon determination by the County, if the Contractor has fallen behind the approved progress schedule, the Contractor shall take such steps as may be required by the County, including but not limited to, increasing the number of personnel, shifts, and/or overtime operations, days of Work, and/or amount of construction equipment until such time as the Work is back on schedule. They shall also submit for approval no later than the time of submittal of the next request for partial payment, such supplementary schedule or schedules as may be deemed necessary to demonstrate the manner in which the approved rate of progress will be regained, all at no additional cost to the County.
  7. Work Outside of Regular Hours: Except in emergencies endangering life or property, written permission shall be obtained from the County to perform any Work after regular working hours, on weekends, or legal holidays. The County reserves the right to deny work outside of regular hours if sampling, testing, or inspection cannot reasonably be performed at those times.
  8. Patented Devices, Materials, and Processes: If the Contractor employs any design, device, material, or process covered by letters of patent or copyright, they shall provide for such use by suitable legal agreement with the patentee or County. The Contractor and the Contractor’s surety(ies) and insurer(s) shall indemnify and save harmless the County, any affected third party or political subdivision from any and all claims for infringement by reason of the use of any such patented design, device, material or process, or any trademark or copyright, and shall indemnify and defend the County for any costs, expenses, and damages which it may be obligated to pay by reason of any infringement, at any time during the prosecution or after the completion of the Work.
  9. Archaeological Reports: The Contractor is required to comply with all laws regarding archaeological features, including, but not limited to Article 4, Chapter 4.1, Title 41 of the Arizona Revised Statutes.  When archaeological features are encountered or unearthed during the performance of Work, the Contractor shall report promptly to the Director of the Arizona State Museum and the County. The Contractor may be allowed extra time to complete the Work, as appropriate; however, no additional compensation shall be provided for compliance.
  10. Emergency Work: Emergencies may arise during the progress of the Work which may require special effort or require extra shifts of men to continue the Work beyond normal working hours. The Contractor shall be prepared in case of such emergencies from whatever cause, to do all necessary Work promptly. Contractor is required to immediately notify County through both telephone calls and written notice of a suspected emergency. The County Engineer has the sole authority to determine if an emergency occurred.
  11. Emergency Contacts: The Contractor shall file with the County Engineer the names, addresses, and telephone numbers of representatives who can be contacted at any time in case of emergencies. These representatives must be fully authorized and equipped to correct unsafe or excessively inconvenient conditions on short notice.
• Aviation Insurance (Drone) —

  Policy shall include Bodily Injury, Property Damage, Personal Injury

  Each Claim: $1,000,000

  Annual Aggregate: $2,000,000

• 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.

• 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.

• UTILITIES —
  1. Notification of Utilities: The Contractor shall comply with the requirements of ARS § 40-360.21 through § 40-360.32 (one call system, Blue Stake) in notification to the interested utilities prior to start of construction. The Contractor shall resolve all problems with the utility concerned.
  2. Investigation of Utilities: 
     1. The Contractor is responsible to ascertain whether any utility, utility appurtenance or utility property occupies the area of Work contemplated herein. No additional compensation will be granted to the Contractor for any utility or utility appurtenance that the Contractor could have discovered prior to Bidding, whether shown on the Plans or not shown on the Plans. The Contractor shall assume full responsibility for damages to any facility/utility as a result of failing to obtain information as to its location, failing to excavate in a careful, prudent manner or failing to take measures for protection of the facilities/utilities.
     2. The Contractor is responsible to ascertain the need for bracing or shoring of utility poles and no additional compensation will be allowed for such bracing or shoring.
  3. Cooperation with Utilities:
     1. The Contractor is required to cooperate with the owner of any underground or overhead utilities in their removal and rearrangement operations in order that these operations may progress in a reasonable manner, that duplication of Work may be reduced to a minimum, and that services rendered by those parties will not be unnecessarily interrupted.
     2. If delays are encountered because utility companies have not relocated or adjusted their utilities as indicated on the Plans, the Contract Time will be adjusted accordingly. No monetary or other compensation will be made because of any delay, inconvenience, or damage sustained by the Contractor caused by the utility company’s requirements for moving or maintaining utility.
     3. No Work shall be undertaken around fire hydrants until provisions for continued service have been approved by the local fire authority.
  4. Damage to Underground Facilities: In the event of any damage to or dislocation of any utility, the Contractor shall immediately notify the County, the utility owner, and other proper authorities. Contractor shall not attempt to repair any utility, except those intended for the conveyance or storage of water and sewage. The excavation shall be left open until the arrival of representatives of the County or the utility owner.
• 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.

• 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.

• QUALITY CONTROL AND QUALITY ASSURANCE —
  1. Contractor’s Responsibility for Quality Control: The Contractor is required, at their expense, to perform quality control sampling, testing, documentation, and inspection during all phases of the Work and shall perform the process control sampling, testing and inspection at a rate sufficient to assure that the Work conforms to the requirements of the Contract Documents.
  2. Quality Control Plan: The Contractor is required to provide and maintain a Quality Control Plan prior to the commencement of Work and subject to approval by the County. This must include a description of the sampling and testing to be performed, frequency of sampling and testing, and any laboratories, consultants, or subcontractors to be used for sampling and testing.
  3. County’s Quality Assurance: 
     1. Inspectors employed or contracted by the County will be authorized to inspect all Work. Such inspection may extend to all or any part of the Work. The inspector will not be authorized to alter or waive the provisions of the Contract. The inspector will not be authorized to issue instructions contrary to the plans and specifications or to act as foreman for the Contractor.
     2. The furnishing of such services will not make the inspector responsible for or give the inspector control over the Work, methods, techniques, sequences, or procedures or for safety precautions or programs, or responsibility for the Contractor's failure to perform the Work in accordance with the Contract Documents.
     3. The County and any inspectors shall be permitted to inspect each part or detail of the Work at any time for the purpose of expediting and facilitating the progress of the Work. They shall be furnished with such information and assistance by the Contractor as is required to make a complete and detailed inspection.
     4. Any Work done or materials used without supervision and inspection by the County or their authorized representative may be ordered removed and replaced at no additional cost to the County.
  4. Testing of Materials: All materials to be incorporated in the Work may be subject to acceptance sampling, testing and approval, by the County. Any Work in which materials not previously approved by the County for use are used or incorporated into the Work by the Contractor shall be performed at the Contractor’s risk and may be considered as unauthorized and unacceptable Work and not subject to the payment provisions of the Contract, or the material may be required to be removed and replaced by the Contractor with materials approved by the County.
  5. Nonconformity of Work: In the event the County finds the materials or the finished product in which the materials are used or the Work performed are not in conformity with the plans and specifications and have resulted in an inferior or unsatisfactory product, the Work or materials shall be removed and replaced or otherwise corrected by the Contractor to the satisfaction of the County at no additional cost to the County.
• 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.

• MAINTENANCE DURING CONSTRUCTION —
  1. Maintenance Until Final Acceptance: The Contractor shall maintain the Work during construction and until Project final acceptance. This maintenance shall constitute continuous and effective Work prosecuted day by day, with adequate equipment and forces to the end so that the roadway or structures are kept in satisfactory conditions at all times. All cost of maintenance Work during construction and before the Project is accepted shall be included in the lump sum or unit bid price on the various pay items.
  2. Contractor's Responsibility for Protection of Work: 
     1. The Contractor is required take every precaution necessary to prevent damage to the Work from the elements and any other cause until the entire Project is completed and accepted by the County. The Contractor shall rebuild, repair, restore, and make good all injuries or damages to any portion of the Work before final acceptance at no cost to the County. Partial payment or acceptance of completed portions of the Work shall not release the Contractor from such responsibility.
     2. In case of suspension of the Work for any cause whatever, the Contractor shall be responsible for the Project during suspension of Work and shall take such precautions as may be necessary to prevent damage to the Project and shall erect any necessary temporary structures, signs, fences, or other facilities at no cost to the County.
  3. Maintenance of Course and Subgrade: In the case of a Contract for the placing of a course upon a course or subgrade previously constructed, the Contractor shall maintain the previous course or subgrade during all construction operations. The course or subgrade, upon which a course is to be placed shall be constructed and maintained by the Contractor so that the course or subgrade will meet the requirements of the Contract Documents up to, until and immediately prior to the placement of the subsequent course.
  4. Prevention of Water Damage: The Contractor is responsible for prevention of damage to the Work from water. After any portion of the Work has been opened up, saturation of material caused by irrigation water, storm drainage, weather or such similar causes will be considered as within the responsibility of the Contractor and shall be the responsibility of the Contractor to remove and replace or otherwise correct to the satisfaction of the County at the Contractor’s sole expense.
  5. Maintenance of Traffic: 
     1. As part of the Work, unless otherwise specified, the Contractor is required to:
        1. Provide maintenance and traffic control operations in accordance with the Manual on Uniform Traffic Control Devices (latest edition) and in accordance with the Contract Documents,
        2. Keep all roadways within the Project area open to all traffic and provide for and accommodate vehicles and pedestrians alike in a safe and efficient manner,
        3. Bridge open excavation with adequate steel plates,
        4. Maintain access to private property and minimize inconvenience to property owners,
        5. Notify property owners twenty-four (24) hours in advance prior to any construction in front of driveways,
        6. Provide and maintain temporary and permanent approaches or crossings and intersections with trails, roads, streets, businesses, parking lots, residences, garages, and driveways.
  6. Cleanup and Dust Control:
     1. As part of the Work, unless otherwise specified, the Contractor is required to:
        1. Keep the Work area clean and free from rubbish, excess materials and debris generated throughout all phases of construction, including any suspension of Work, and until final acceptance,
        2. Prevent any dust nuisance due to their construction operations,
        3. Clean the area of Work of all rubbish, excess materials, temporary structures, and equipment, and all parts of the Work area shall be left in an acceptable condition.
  7. Construction Stakes, Lines and Grades by Contractor:
     1. Unless otherwise stated, the Contractor shall be responsible for providing construction stakes, lines and grades as follows. The Contractor will set construction stakes establishing lines and grades for road work, curbs, gutters, sidewalks, structures and centerlines for utilities and necessary appurtenances as they may deem necessary and will furnish all necessary information relating to the lines and grades.
     2. The Contractor shall be held responsible for the preservation of all stakes and marks, and if the construction stakes or marks have been destroyed, removed or disturbed, the cost for replacing them shall be born by the Contractor and not be a responsibility of the County.
• 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.

• 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.
     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.

• PARTIAL USE OR OCCUPANCY —
  1. Right of Way: In the case of Work on or within public rights-of-way, the Contractor shall provide for and insure that the County, utility companies and providers, and the general public shall have the right of occupancy and use of the Project areas for continued activities area within the right-of-way.
  2. Partial Occupancy of Completed Work: 
     1. The County and Owner shall also have the right of partial occupancy of any portion of the completed Work, other than the rights described for Work within public rights-of-way, so long as that use does not unreasonably interfere with the Work of the Contractor.
     2. Partial Occupancy by the County, Owner, or the general public shall not be deemed by the Contractor as final acceptance of the Work  and shall not relieve the Contractor of any responsibilities for maintenance thereof or any other responsibilities of the Contractor for the Work under the Contract Documents.
• 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.

• 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.

• FINAL COMPLETION AND FINAL ACCEPTANCE —
  1. Final Inspection:
     1. Upon due notice from the Contractor of presumptive completion of the entire Project, the County will inspect the Work. If all construction provided for and contemplated by the contract is found completed to their satisfaction, the County will Accept the work. The Contractor will be notified in writing of this Acceptance as of the date of the final inspection.
     2. If, however, the inspection discloses any Work, in whole or in part, as being unsatisfactory, the County will give the Contractor the necessary instructions for correction of same, and the Contractor shall immediately comply with and execute such instructions.
  2. No Waiver of Rights:
     1. Final acceptance shall not preclude or estop the County from correcting any measurement, estimate, or certificate made before or after completion of the Work, nor shall the County be precluded or estopped from recovering from the Contractor or their surety, or both, such overpayment as it may sustain, or by failure on the part of the Contractor to fulfill their obligations under the Contract. A non-action or an express waiver or other non-enforcement on the part of the County against the Contractor for of any breach of any part of the Contract shall not be held to be a waiver of any other or subsequent breach. No waiver of the County shall be implied; any waiver must be express and written.
     2. The Contractor, without prejudice to the terms of the Contract and in addition to any specific remedy provided to the County in the Contract Documents, shall be liable to the County for latent defects, fraud or such gross mistakes as may amount to fraud, or as regards the County's rights under any warranty or guaranty or remedy required by law.
  3. Substantial Completion:
     1. If the County deems the Work to be Substantially Complete and any and all outstanding, unfinished or incomplete items of Work are minor in nature, number and value, and that the County has full, complete, and unobstructed use of the Project for which the Work was intended, the County may notify the Contractor in writing that the Work is deemed Substantially Complete and of the date of Substantial Completion.
     2. Substantial Completion may include a list of items that still need to be completed or corrected by the Contractor, despite releasing control of the site of Work to the County and despite any payments that have been made. Final Completion and Acceptance of the Work will be made after the County has determined that all work is totally complete and correct.
• 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.

• 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.

• 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.
• SOURCE, STORAGE, AND QUALITY OF MATERIALS —
  1. Source of Materials: The Contractor shall notify the County of their proposed source of materials prior to delivery. At the option of the County, materials may be approved at the source of supply before delivery is started. If it is found that sources of supply for previously approved materials do not meet the requirements of the Contract Documents the Contractor shall furnish materials from other sources at no additional cost to the County.
  2. Use of New and Undamaged Materials: Unless otherwise noted, all materials used in the Work must be new, unused, and undamaged. Any materials used in this Project that are damaged during the construction of the Project and prior to final acceptance shall be removed and replaced by the Contractor with new materials meeting the requirements of the Contract Documents at no additional cost to the County.
  3. Sampling of Materials: The County may sample, take, or select samples to be tested, or may require that samples be taken and delivered by the Contractor to a laboratory or location designated by the County. In the event samples are taken and furnished to the County by the Contractor, samples shall be representative of the materials to be used and sampled or taken in accordance with the requirement of the Contract Documents and in accordance with good engineering practices.
  4. Authority of the County for Sampling and Testing:
     1. The County shall be allowed by the Contractor to witness any sampling or testing by the Contractor or to re-test materials after delivery, after storage, or after installation. The County shall have the authority to determine adequacy and accuracy of testing and to choose the laboratory which will accomplish sampling and testing. All test results shall be provided to the County and the Contractor as soon as possible after testing.
     2. The County may undertake the inspection of materials at the source. The County shall have the cooperation and assistance of the Contractor and the producer with whom they have contracted for materials. The County shall be granted entry to relevant parts of the plant for the production of the materials being furnished.
  5. Storage of Materials: The Contractor is required to provide storage facilities sufficient to ensure the quality and fitness of all materials and equipment to be used in the Work. That portion of the right-of-way and easements not required for public travel may be used for storage purposes, when approved by the County. Any additional storage area as required must be provided by the Contractor. Storage facilities shall be adequately maintained to control dust and mud from leaving the property. The Contractor is required to have insurance in place for stored materials, supplies, and equipment sufficient to cover loss or damage without additional liability or added costs to the County.
  6. Contractor’s Storage Facilities: 
     1. Contractors shall notify the County when using property other than property owned, leased or rented by the Contractor, including vacant property to park and service equipment and store material for use on the County construction contracts. Private property shall not be used for storage purposes without written permission of the property owner or lessee. Equipment, materials, etc., shall be located so as to minimize impact on adjacent properties. The Contractor is required to clean up and restore any property used or affected by their activities promptly upon completion of use.
     2. The Contractor is required to supply the County with:
        1. A description of the Contractor’s intended uses of the storage facility in connection with the Project,
        2. Written permission from property owner to lease or use the property for the intended purposes,
        3. A copy of the document evidencing the Contractors ownership, lease, rights, rental rights or other of the property,
     3. The Contractor accepts all liability for damage to property used as storage facilities in relation to the Work.
  7. Unacceptable Materials: All materials and/or equipment not conforming to the requirements of the specifications, whether in place or not, may be rejected. Rejected materials and/or equipment shall be removed immediately from the Site of Work unless otherwise permitted by the County. No rejected material and/or equipment, the defects of which have been subsequently corrected, shall be used until approved in writing by the County.
  8. Materials Furnished by County: Materials and/or equipment, furnished by the County, will either be delivered or made available to the Contractor as indicated in the Contract Documents. The cost of handling and placing shall be considered as included in the Contract price for the pay item with which they are used. The Contractor will be held responsible for all materials and/or equipment accepted by him and will make good any shortages, deficiencies and damages which may occur after such acceptance.
• 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.

• 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.
• 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.

• 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.
• SAFETY, HEALTH, AND SANITATION —
  1. Requirement for Safety Precautions: The Contractor is required to provide all safeguards, safety devices and protective equipment and take any other needed actions, on their own responsibility or as the County may determine, reasonably necessary to protect the life and the health of employees on the job, the safety of the public and to protect property in connection with the performance of the Work covered by the Contract, in compliance with the provisions of all applicable Laws including without limitation, pertaining to such protection including all Federal and State occupational safety and health acts, and standards and regulations promulgated thereunder.
  2. Asbestos Materials: If asbestos materials are encountered during any building remodeling/demolition Work, the Contractor shall comply fully with all laws including without limitation, the Arizona Administrative Code, A.A.C. R18-2-901 and notify the County. An extension of Contract Time will be granted for any delay resulting from the asbestos material.
  3. Lead-Containing Paint: Paint and similar surface coating materials shall comply with Laws, and any materials that contain lead compounds and in which the lead content exceeds six hundredths (0.06) of the total weight of the non-volatile content of the paint or the weight of the dried paint film is declared a banned hazardous product and will not be used (Consumer Product Safety Act Part 1303 dated 9-1-77).
  4. Barricades: The Contractor is required to provide, erect, and maintain all necessary barricades, suitable and sufficient lights, danger signals, signs and other traffic control devices, and shall take all necessary precautions for the protection of the Work and safety of the public. Roads, partially or fully closed to traffic, shall be protected by effective barricades, and obstructions shall be illuminated during hours of darkness.
  5. Warning Signs: Suitable warning signs shall be provided to properly control and direct traffic. The Contractor shall erect warning signs in advance of any place on the Project where operations may interfere with the use of the road by traffic, and at all intermediate points where the new Work crosses or coincides with an existing road. Such warning signs shall be constructed and erected in accordance with the Manual on Uniform Traffic Control Devices and the requirements of the Contract Documents.
• 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 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.

• USE OF EXPLOSIVES —
  1. The use of explosives or blasting agents is controlled by the Laws, including without limitation, the Uniform Fire Code, which is generally administered by the local or District Fire Department. The Contractor shall obtain a special permit from the appropriate Fire Department or Fire District for the use of explosives. A copy of this permit shall be delivered to the County prior to the use of explosives. If the Fire Department or District does not use the Uniform Fire Code or have a department for enforcement of this Code, the Contractor shall use explosives only when authorized in writing by the County Engineer. The approval by the County Engineer for the use of explosives shall not relieve the Contractor from full compliance with their responsibilities for proper use and handling of the explosives or for any and all damages resulting from their use. The County reserves the right to order the discontinuance of blasting operations at any time.
  2. Explosives shall be transported, stored, handled and used in accordance with the provisions and requirements of all applicable laws, ordinances and regulations. Work shall be done in accordance with all applicable Laws, and the recommendations of the AGC Manual of Accident Prevention in Construction, the Institute of Makers of Explosives, and the Occupational Safety and Health Administration Regulations (29 CFR Part 1926 Subpart U). In addition to the applicable regulations, the Contractor shall:
     1. Exercise the utmost care not to endanger life or damage property.
     2. Furnish and erect special signs to warn the public of their blasting operations. Such signs shall be located and maintained so as to be clearly evident to the public during all critical periods of blasting operations.
     3. Provide actual notice to each public utility company, having structures adjacent to the Work, of their intention to use explosives. Such notice shall be given sufficiently in advance to enable the companies to advise the Contractor of any precautions that should be taken to protect all affected structures from damage.
     4. Make a survey of adjacent properties, before commencing blasting operations, locating on drawings and by photographs all existing cracks and damages to structures. A copy shall be filed with the County Engineer, including a report of any property owners who refused to cooperate and permit entry and inspection.
     5. Blasting shall be accomplished in such a manner that all affected buildings, structures, railways, highways, etc. will be safe from rocks and other projectiles. Adequate blasting mats or other means of protection shall be employed when blasting in congested area or close proximity to any of the above improvements. Steel mats shall not be allowed within two thousand (2,000) feet of power lines.
     6. At the time of firing, the Contractor shall station men along the road at sufficient distance from the blasting operation to flag down any vehicles.
• 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.
• 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.

• 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.

• 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. 

• 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.

• PROTECTION AND RESTORATION OF PROPERTY AND LANDSCAPE —
  1. Requirement to Protect and Restore Property:
     1. The Contractor is responsible for the protection and preservation of public and private property during the performance of Work. The Contractor is required to restore damaged property resulting from defective materials, any act, omission, neglect, or misconduct in their manner or method of executing or not executing the Work.
     2. Damaged property must be restored to a condition similar or equal to that existing before such damage or injury was done, by repairing, rebuilding, or otherwise restoring as may be directed, or they shall make good such damage or injury in an acceptable manner.
  2. Protection of Monuments and Property Marks: The Contractor is required to protect carefully from disturbance or damage all land monuments and property marks until the County has witnessed or otherwise referenced their location and shall not move nor restore them until directed, and how directed.
  3. Restoration of Temporary Easements: When construction is within temporary construction easements, the Contractor is required to restore all disturbed areas to a condition equal to or better than the existing improvements. Such restoration will include but not be limited to asphalt, walkways, fences, lights, sprinklers, landscaping, etc. In the case of landscaping, the Contractor may remove and store sod and plant material. If, in the determination of the County, the sod and/or plant material did not survive the transplanting in good condition, the Contractor shall replace the sod and/or plant material to match in type and quality.
  4. Dumping of Waste Material: The Contractor shall not dump spoil or waste material on property without first obtaining written permission from the County and the property owner.
• 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.

• 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.

• GUARANTEE AND WARRANTY PROVISIONS —
  1. Warranty Against Defective Work: The Contractor shall guarantee the Work against defective workmanship or materials for a period of two (2) years from the date of final acceptance of the Work under the Contract. The warrantees and guarantees provided in this Contract shall be in addition to and not in limitation of any other warrantees, guarantees or remedies required by law.
  2. Correction of Work After Final Payment:
     1. If, within two (2) years after the date of final acceptance of the Work or a portion thereof, or within such longer period as may be prescribed by law or by the terms of any applicable special warranty required by the Contract, any of the Work is found to be defective or not in accordance with the Contract, the Contractor shall correct it promptly after receipt of a written notice from the County to do so, unless the County has previously given the Contractor a written, specific acceptance of such defective condition.
     2. The two (2) year period for discovery shall be extended as to any portion of the Work first performed after final acceptance and the actual performance of the Work.
  3. Warranty Against Unknown or Latent Defects: 
     1. Should any defects develop within two (2) years from the date of final acceptance due to faults in workmanship or materials the Contractor shall begin making the necessary repairs to the satisfaction of the County at no cost to the County, within fourteen (14) calendar days of receipt of written notice from the County or immediately if determined to be an emergency by the County Engineer. Such Work shall include the repair or replacement of other Work or materials damaged or affected by making the above repairs or corrective Work, all at no cost to the County.
     2. If defects are discovered or develop which are determined by the County Engineer to be an emergency, the County Engineer shall notify the Contractor, via the most expeditious means, regarding the nature and condition of the defects. In turn, the Contractor shall immediately dispatch necessary forces to correct the damage.
     3. Any omission on the part of the County to condemn defective Work or materials at the time of construction shall not be deemed an acceptance, and the Contractor to stop their operations will be required to correct defective Work or materials at any time before final acceptance and within two (2) years thereafter.
  4. Survival of Guarantee: The obligation for correction of work after final payment contained in this section shall survive acceptance of the Work under the Contract and/or termination of the Contract. Nothing contained in this section shall be construed to establish a period of limitations with respect to other obligations which the Contractor might have under the Contract. Establishment of the two (2) year discovery time period relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which proceedings may be commenced to establish the Contractor’s liability with respect to the Contractor’s obligations other than specifically to correct the Work. If Owner is not the County, Owner retains all warranty rights.
• 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.

• PAYMENT —
  1. Scope of Payment:
     1. The Contractor shall accept the compensation provided in the Contract Documents Bid as full payment for furnishing all labor, materials, tools, supplies, equipment, and incidentals necessary to the completed Work and for performing all Work contemplated and embraced under the Contract Documents; for loss or damage arising from the nature of the Work from the actions of the elements; from any unforeseen difficulties which may be encountered during the prosecution of the Work; for all risks of every description connected with the prosecution of the Work; for all expenses incurred in consequence of the suspension or discontinuation of the Work as provided in the Contract Documents; and for completing the Work according to the plans and specifications, until the final acceptance by the County.
     2. No compensation will be made in any case for loss of anticipated profits.
  2. Assignment of Payments: 
     1. The Contractor shall not assign payments of the Contract or any portion thereof without approval of surety and written consent of the County.
     2. Claims for monies due or to become due the Contractor may be assigned to a bank, trust company, or other financing institution, and may thereafter be further assigned and reassigned to any such institution. Any such assignment or reassignment may be made to one party as agent or trustee for two or more parties participating in such financing. Any assignment of money shall be subject to all proper setoffs and withholdings in favor of the County and to all deductions provided for in these specifications.
  3. Partial Payments: 
     1. The County will make a partial payment to the Contractor based on an estimate prepared by the Contractor for Work completed through the last day of the preceding calendar month. Payment will be within thirty (30) calendar days after the invoice has been approved by the County and only after the receipt and approval by the County of lien waivers in accordance with the Contract requirements.
  4. Retainage: 
     1. The County will retain ten percent (10%) of all estimates as a guarantee for complete performance of the Contract in accordance with ARS Section 34-221, unless the Contractor elects to deposit securities in accordance with ARS Section 34-221, Paragraph 5.
     2. When the Contract is fifty percent (50%) completed, one-half of the amount retained may be paid to the Contractor on the Contractor's request if the Contractor is making satisfactory progress on the Contract and there is no specific cause or claim requiring a greater amount to be retained, and not more than five percent (5%) of the amount of any subsequent progress payments made under the Contract may be retained.  If at any time the County determines satisfactory progress is not being made, ten percent (10%) retention shall be reinstated for all progress payments made under the Contract subsequent to the County determination.
  5. Products, Supplies, Materials or Equipment on Hand: No partial payment will be made for products, supplies, materials, or equipment on hand or stored on the Project which have not been incorporated into the Work. This does not relieve the Contractor of the responsibilities for the equipment, materials or supplies stored on Site.
  6. Final Payment: Final Payment will be made to the Contractor by the County within thirty (30) days from the date that the Contractor fully completes all the Work required by the Contract Documents including cleanup and restoration, to the satisfaction of the County and only after receipt and approval by the County of lien waivers. The procedures contained in this section shall not be construed to void any provision of the Contract which require notice of delays, provides for negotiation of other procedures for settlement, or provides for liquidated damages.
• LIENS AND LIEN WAIVERS —
  1. It is understood and agreed that neither the Contractor nor its subcontractors, agents, employees, laborers, material suppliers, or equipment suppliers shall lien or encumber the Project. The Contractor so agrees on its own behalf as a material part of the Contract Documents. As to the subcontractors, agents, employees, laborers, material suppliers or equipment suppliers, a Payment Bond shall be supplied by the Contractor and shall be in place for this Project, pursuant to A.R.S. §§ 34-222 and 34-223. The Payment Bond together with the Contract shall be recorded with the Mohave County Recorder’s Office, pursuant to A.R.S. § 33-1003.
  2. Further, the Contractor shall with each Application for Payment, warrant in writing that it has already paid or will use the monies received from the payment to promptly pay in full all of its laborers, subcontractors, and suppliers for all work materials, services, equipment and any charges or fees associated with and required by the Contract.
  3. With any Application for Final Payment, and prior to payment, the Contractor shall provide to the County its own signed and notarized Unconditional Waiver and Release in a form prescribed herein.
  4. The Contractor shall inform all Project subcontractors, laborers, material suppliers and equipment suppliers that the Project has a Payment Bond posted pursuant to A.R.S. § 34-222, and that thus the subcontractors, laborers, material suppliers and equipment suppliers have no right to lien the Project, but rather shall make claims for non-payment, (if any) directly to the Contractor upon the Payment Bond, pursuant to A.R.S. § 34-223.
• 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.

• PERFORMANCE AND PAYMENT BONDS —
  1. Within ten (10) days of Notice of Intent to Award and prior to commencing any construction activities, Contractor shall furnish County with an irrevocable security for the protection of all persons supplying labor and material to Contractor or any subcontractor for the performance of any work related to the Agreement.  Payment security shall be in the amount of one hundred percent (100%) of the Contract amount and be payable to Mohave County.  Payment security shall be in the form of a payment bond, as required by Arizona law.  All payment bonds shall be executed on State of Arizona approved forms, duly executed by Contractor as Principal and having as Surety thereon a Surety company approved by County and holding a Certificate of Authority issued by the Arizona Department of Insurance to transact surety business in the State of Arizona.  A copy of the Certificate of Authority shall accompany the bonds.  The Certificate shall have been issued or updated within two years prior to the execution of this Agreement.  The conditions and provisions of the bonds regarding the surety’s obligation shall follow the form required under A.R.S. § 34-222(F).  The cost of the bonds shall be included in the bid.  Individual sureties are unacceptable.  All Insurers and Sureties shall have at the time of submission of bonds a rating FSC VIII A- or better as currently listed in the most recent Best Key Guide, published by the A.M. Best Company.
  2. The bonds shall be written or countersigned by an authorized representative of the surety who is either a resident of the state of Arizona or whose principal office is maintained in this state, as by law required, and Contractor shall require the attorney-in-fact who executes the required bond on behalf of the surety to affix thereto a certified and current copy of the Power of Attorney.
  3. Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Agreement, Contractor shall promptly furnish a copy of the bonds or shall permit a copy to be made.
• 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.

• 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.

• 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. Contractor will replace or repair any damage caused by Contractor or any employee, agent, or subcontractor of Contractor, at no expense to the County. If Contractor fails or refuses to make such repair or replacement, the County will estimate the cost of repair and, upon receiving an invoice from the County for that estimated cost, Contractor will pay the County the invoiced amount. County may, at its discretion, instead deduct the amount from any payments due Contractor under this or any other County contract.

  Contractor will, during the course of its work on County property, keep the work area, including any storage areas used by the Contractor, free from accumulation of waste material or rubbish. Upon completion of the work, Contractor will leave the work area in a clean and neat condition, free of any debris, and will remove any non-County-owned materials or equipment or other personal property that it has caused to be located on the County property.

• PROVISIONS REQUIRED BY LAW —

  This Contract will be deemed to include every provision required by law to be included. If through mistake or otherwise any such provision is not included, or is included incorrectly, then upon request by either party the parties will amend the Contract to insert or correct the required provision.

• RIGHT TO ASSURANCE —

  If a party to this Contract has reason to question, in good faith, the other party's intent to perform, the former party may demand that the other party give a written assurance of their intent to perform. In the event that a demand is made and no written assurance is given within 5 business days, the demanding party may treat this failure as a default.

• RIGHT TO INSPECT —

  The County may from time to time during normal business hours, at the County's expense, inspect the Contractor’s or any subcontractor’s place of business at which work under this Contract is being performed.

• SEVERABILITY —

  The provisions of this Contract are severable. If any provision or application of a provision of this Contract is held to be invalid, that will not affect the validity of any other provision or application of a provision that can remain meaningfully effective without the invalidated provision or application.

• SHIPMENT UNDER RESERVATION PROHIBITED —

  No tender of a bill of lading shall operate as a tender of the materials. Non-compliance shall conform to the termination clause set forth within this document.

• SUBCONTRACTS —

  Contractor may not enter into any subcontracts for work under this Contract without the advance written approval of the County's contract representative. All subcontracts will incorporate all the terms and conditions of this Contract. Contractor is responsible for contract compliance and quality of work of any subcontractors used.

• TERMINATION OF CONTRACT —
  1. For Convenience. The County reserves the right to immediately  terminate at any time, with or without cause, the whole or any part of this Contract . If the County terminates the Contract, it will be liable only for payment for services rendered and accepted before the effective date of the termination. The County may, by written notice to the Provider, cancel this Contract if it is found that gratuities, in the form of entertainment, gifts or otherwise, were offered or given by the Contractor or any agent or representative of the Contractor, to any officer or employee of the County.
  2. For Cause. The County may terminate this Contract if any Contractor representation or warranty is found to have been inaccurate when made or is no longer accurate, or if Contractor fails to carry out or abide by any term or condition of the Contract and fails to remedy the problem within 7 days after receipt of notice of default from the County.
  3. Non-Appropriation. Each payment obligation of the County created by this Contract is conditioned upon the availability of funds that are appropriated or allocated for the payment of such obligation. If funds are not appropriated by the County and available for the continued purchase of the services and/or materials provided under this Contract, this Contract may be terminated by the County at the end of the period for which funds are available. The County will endeavor to notify Contractor in the event that continued service will or may be affected by non-appropriation. No penalty will accrue to the County in the event this provision is exercised, and the County will not be liable for any future payments due or for any damages as a result of termination under this paragraph.
• TITLE AND RISK OF LOSS —

  The title and risk of loss of any goods provided under this Contract will not pass to the County until the County actually receives the goods at the point of delivery and thereafter accepts them. No tender of a bill of lading will operate as a delivery of the materials.

• WRITTEN CERTIFICATION PURSUANT TO A.R.S. §35-394 —

  If Contractor engages in for-profit activities and has at least ten full time employees, Contractor certifies that Contractor does not currently, and agrees for the duration of the contract that it will not, use: 1) the forced labor of ethnic Uyghurs in the People’s Republic of China; 2) any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China; and 3) any contractors, subcontractors or suppliers that use the forced labor or any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China. If Contractor becomes aware during the term of the contract that it is not in compliance with the written certification, it must notify the County within five business days after becoming aware of the noncompliance. This Contract will be automatically terminated 180 days after the date of the notice unless Contractor has, before the end of that period, notified the County that the noncompliance has been remedied.

Submission Requirements

• Certification (required) —

  By signature in the Offer and Acceptance Form, Offeror certifies the following:

  1. The submission of the offer did not involve collusion or other anti-competitive practices.
  2. The Contractor shall not discriminate against any employee or applicant for employment in violation of Federal Executive Order 11246, or A.R.S. § 41-1461, et seq.
  3. The Contractor 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, or service to a public servant in connection with the submitted offer.
  4. The Contractor submitting the offer hereby certifies that the individual signing the proposal is an authorized agent for the company and has the authority to bind the Offeror to the contract.
  5. The Contractor certifies to the best of his/her knowledge and belief, that they are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal, state, or local government. 

  Do you agree to the above?

• Certification - Insurance Requirements (required) —

  Mohave County has specific insurance requirements put in place by their Risk Management Division.

  Please certify that, if your firm is awarded this IFB, you are willing and able to provide a certificate of insurance meeting or exceeding the requirements set forth in this IFB. 

• Certification - Performance and Payment Bonds (required) —

  Mohave County has specific requirements for performance and payments bonds, as required in ARS Title 34. These requirements are listed in the General Conditions for Construction.

  Please certify that, if awarded this IFB, you are willing and able to provide a Performance and Payment Bonds meeting or exceeding the requirements set forth in this IFB. 

• Do you intend to subcontract a portion of the work? (required) —

  If so, please upload a list of subcontractors below. 

• Supplemental Documents/Subcontractor List —

  If you intend to subcontract a portion of the work, please upload a list of tier-1 subcontractors that you have identified you intend to use, including their trade intended to be performed and percentage of the overall work.

  Please also upload any additional documents here (if needed and applicable). This is optional and included in case you need to supply additional documentation. Documents uploaded will be considered a part of your response.

• Offer and Acceptance Form (required) —

  Please upload the signed Offer and Acceptance Form. This is the final page of the Exported IFB document. 

• Bid Bond or Surety Check Upload (required) —

  Please upload a scan/copy of your bid bond or the front and back of your surety check. Bids without a copy of the bid bond/surety will be rejected.

  A bid bond or surety check is required for all construction projects, in accordance with ARS 34-201: 

  "...every proposal shall be accompanied by a certified check, cashier's check or surety bond for ten percent of the amount of the bid included in the proposal as a guarantee that the contractor will enter into a contract to perform the proposal in accordance with the plans and specifications."

• Will the resulting contract have federal funding? (required)
• Insurance Requirements (required) —

  Please select the additional insurance coverages required for this project. Please select all that apply.

• Require Cyber Liability Insurance? (required) —
  1. Cyber Liability in an amount not less than Five Million ($5,000,000) per occurrence/Five Million Dollars ($5,000,000) aggregate with a retroactive liability date (if applicable to claims made coverage) the same as the effective date of the Contract or earlier and carried forward as that same retroactive date or earlier on any subsequent renewals of this Contract.  The policy shall contain an Extended Claim Reporting Provision of not less than two years following termination of the policy.
• Pricing (required) —

  Will you build the pricing in OpenGov Procurement (OG Pro)?

• Attachments (required) —

  Do you have additional attachments?

  This enable the Attachments section. If you say no, it will have an annoying blank page. 

• Liquidated Damages? (required) —

  Does this project have liquidated damages?

• Liquidated Damages $Amount (required) —

  Enter the amount of liquidated damages, including a dollar sign at the beginning, formatted like the following:

  $1,234,56

• Legal Publication Date 1 (required) —

  What is the 1st date of legal publication?

• Legal Publication Date 2 (required) —

  What is the 2nd date of legal publication?

• Do you have a web-based pre-bid conference? (required) —

  If yes, this will add a section in Notice of Invitation for Bid that you will need to edit. Paste the "Location" there. 

• Special Terms and Conditions Library —

  Italics are Morgan's commentary. 

  Most default to No. There are a lot fewer Special T&Cs that make sense in construction.

  You should include at least one Special T&C or the section will just have a header and be blank - recommend Hazardous Materials clause.

• ADDITIONAL PURCHASE (required) —

  Rare in construction. Add if the bid includes equipment when we might want to buy more later.

  "The County reserves the right to purchase additional equipment under the same terms and conditions of this contract, including price, within the Contract term or within the next twelve months, if no contract term is specified."

• AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (required) —

  We don't currently have the money. Use when budget is not yet approved or we need to bid to get the funds, like with some grants.

  "Funds are not presently available for performance under this Contract. The County's obligation for performance of this Contract is contingent upon the availability of funds from which payment for Contract purposes can be made. No legal liability on the part of the County for any payment may arise for performance under this Contract until funds are made available for performance of this Contract."

• COOPERATIVE PURCHASING (required) —

  Makes the contract cooperative. Rare in construction, but possible. Only really usable for construction that is indefinite in nature, but we probably won't use an IFB for that. 

  "Contractor will, when requested, provide goods and services at the same prices and under the same terms and conditions as set forth in this Contract to any public or nonprofit agency that, at the time of request, has a Cooperative Purchasing Agreement with the County or participates in the Strategic Alliance for Volume Expenditures (SAVE) cooperative - see http://www.mesaaz.gov/home/showdocument?id=23638 for a list of agencies participating in SAVE. These lists are subject to change. Contractor may, however, negotiate with an agency for payment of additional out-of-pocket expenses that will be incurred by Contractor in providing goods and services to the agency (i.e., freight charges, travel related expenses, etc.).

  Each participating agency that orders goods or services under this Contract as provided above is solely responsible for paying Contractor for those goods and services. The County is not responsible for any disputes arising out of transactions made by others."

• ENERGY STAR COMPLIANT (required) —

  Sometimes required for Federal funds.

  "Products purchased under this Contract shall be Energy Star compliant, when available. The Energy Star standard is available at www.energystar.gov. Potential energy star compliant products must have proof of meeting the Energy Star standard, to include but not limited to, having the Energy Star label on the delivered product. Proof consists of one of the following levels of verification listed in order from least to most valued; self-certification with random audits, independent third-party certification or independent third-party certification with onsite and random audits."

• ESTIMATED QUANTITIES (required) —

  More rare in a construction IFB, but good if we are bidding by unit price on something where we are unsure exactly how much we need.

  "The quantities shown are estimates only and the County reserves the right to increase or decrease amounts as circumstances may require."

• FOB DESTINATION FREIGHT PREPAID (required) —

  Mostly for equipment purchases, rare in construction because we already have language about acceptance of materials and work.

  "Prices shall be FOB Destination Freight Prepaid to the delivery location designated. Contractor shall retain title and control of all goods until they are delivered and the Contract of coverage has been completed. All risk of transportation and all related charges shall be the responsibility of the Contractor. All claims for visible or concealed damage shall be filed by the Contractor. The County will assist the Contractor in arranging for inspection."

• HAZARDOUS MATERIAL ALTERNATIVES (required) —

  Add by default - good for anything using chemicals or nasty materials.

  "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 (required) —

  Good for out of the way areas, when not holding a site walk, etc..Most of the time you will just have a site walk at the pre-bid.

  "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 (required) —

  Common in construction.

  "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  Liquidated Damages $Amount for each calendar day of delay. See General Conditions."

• NO PRE-BID/PROPOSAL CONFERENCE (required) —

  You should probably be having a pre-bid. Not sure why you would forego a pre-bid entirely. If site walk and such are not important, just do a quick web pre-bid. But...this is here if we elect not to for some reason.

  "The County is foregoing a Pre-Bid/Proposal conference for this solicitation. Prospective bidders/offerors are invited to contact the assigned Contract Officer with any questions, preferably within 5 days prior to the submittal due date. Ordinarily, the purpose of this conference is to clarify the contents of this solicitation in order to prevent any misunderstanding of the County's position. Any doubt as to the requirements of this solicitation or any apparent omission or discrepancy should be presented to the Procurement Officer before the submittal due date. The County will then determine the appropriate action necessary, if any, and issue a written addendum to the solicitation. Oral statements or instructions shall not constitute an addendum to this solicitation.

  Questions can be asked in the Question and Answer tab of the project no later than 'Question & Answer Submission Date at 'Question & Answer Submission Time."

• OPERATING SYSTEM STANDARDS (required) —

  Not common in construction unless it includes equipment/tech that might be obsolete soon.

  "As delivered, the products specified herein will be based on “current operating systems” for computers and/or networks. For the purposes of solicitation and any subsequent Contract, “current operating systems” means that the required computer systems and network technology, including all releases and upgrades, will be commercially available versions as of the date that the proposed product is to be delivered; and
  do not have publicly announced dates for termination of vendor support within three years of the proposal date.
  In the event that a vendor’s termination of support for the proposed operating system version is announced subsequent to acceptance of the product proposal and before delivery of the product, vendor will provide assistance at no additional charge, as part of the product delivery plan, to upgrade the proposed product’s required operating system platform so that no less than two years of Bidder/Offeror support for the operating system will be in place at the time of delivery.

  By signing the Offer and Acceptance Page Bidder/Offeror certifies that the proposed product runs on Current Operating Systems."

• PRICE ADJUSTMENT (required) —

  Not common in construction. 

  "The County will review fully documented requests for price adjustment after any Contract has been in effect for one (1) year. Any price adjustment will only be made at the time of Contract renewal and/or extension and will be a factor in the extension review process. The County will determine whether the requested price adjustment or an alternate option, is in the best interest of the County. Any price adjustment will be effective upon the effective date of the Contract extension."

• TRAINING (required) —

  Vendor has to train us on their stuff. Not common in construction.

  "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."